[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3230 Enrolled Bill (ENR)]
H.R.3230
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal 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.
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 programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the Reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year
1997.
Sec. 242. Certification of capability of United States to defend against
single ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures for
the award of certain contracts to colleges and universities.
Sec. 266. Pilot program for transfer of defense technology information
to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. 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. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense
environmental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. 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. 329. Authority for agreements with Indian tribes for services under
environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and management of exchanges and
morale, welfare, and recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works, and utility services
from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
Government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to produce an approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 370. Administration of midshipmen's store and other naval academy
support activities as nonappropriated fund instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the Defense Language
Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at
Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel and Navy grades of
lieutenant commander, commander, and captain.
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. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in 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. Grade of Chief of Naval Research.
Sec. 502. Chief and Assistant Chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. 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. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements
to Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members
of National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable toward Reserve retirement.
Sec. 532. Retirement of Reserve enlisted members who qualify for active
duty retirement after administrative reduction in enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for
mobilized Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps and the
service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy graduates to be
assigned directly to Reserve duty upon graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a Reserve judge advocate to act
as a military notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard
when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers or teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service
officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to
occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and
National Oceanic and Atmospheric Administration officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed 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. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay cost-of-living
increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from
certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical munitions while
serving as members of the Armed Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--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.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial Assistance program
and Uniformed Services University of the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of Reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in contracts under major
defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and dependency of base on supplies available only from foreign
countries.
Sec. 830. Expansion of report on implementation of automated information
systems to include additional matters regarding information resources
management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the unified combatant
commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the Uniformed Services University of the Health Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of 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. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress 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. Availability of funds for certain drug interdiction and
counter-drug activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. 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. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the
Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on members of the uniformed
services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions serving military
personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer
authorizations.
Sec. 1214. Guard and Reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
Reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of
members of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated Reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from Reserve service during contingency operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of nuclear
weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management, Pay,
and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to civilian positions.
Sec. 1602. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base structure.
Sec. 1604. Travel expenses and health care for civilian employees of the
Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for certain
former nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in reductions in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused upon
transfer of employee from installation being closed or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense employees reemployed by
the Government without pay.
Sec. 1613. Simplification of rules relating to the observance of certain
holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle within
the continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an employee
who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating to
relocation expenses.
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
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. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
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. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
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.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
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.
Sec. 2407. Reduction in amounts authorized to be appropriated for fiscal
year 1996 Defense Agencies military construction, land acquisition, and
military family housing functions.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization and funding for construction and improvement of
Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
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. 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. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and unaccompanied
housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center, Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of Reserve center, Naval Air
Station, Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air Reserve Station,
Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center, Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reser- vation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
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. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. 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. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the defense waste processing facility, Savannah River Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
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. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of
Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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 programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
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, $1,314,015,000.
(2) For missiles, $1,031,829,000.
(3) For weapons and tracked combat vehicles, $1,409,514,000.
(4) For ammunition, $1,003,028,000.
(5) For other procurement, $2,990,240,000.
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, $7,034,926,000.
(2) For weapons, including missiles and torpedoes,
$1,345,408,000.
(3) For shipbuilding and conversion, $6,193,330,000.
(4) For other procurement, $2,893,840,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Marine Corps in the amount
of $560,148,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $293,239,000.
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, $6,764,420,000.
(2) For missiles, $2,525,875,000.
(3) For ammunition, $278,302,000.
(4) For other procurement, $5,814,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1997
for Defense-wide procurement in the amount of $2,008,261,000.
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, $171,000,000.
(2) For the Air National Guard, $234,000,000.
(3) For the Army Reserve, $98,000,000.
(4) For the Naval Reserve, $116,000,000.
(5) For the Air Force Reserve, $94,000,000.
(6) For the Marine Corps Reserve, $67,000,000.
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 $759,847,000 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 PROGRAMS.
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.
Subtitle B--Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF ARMED KIOWA
WARRIOR HELICOPTERS.
Section 133 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) Avenger Air Defense Missile System.--Notwithstanding the
limitation in subsection (k) of section 2306b of title 10, United
States Code, relating to the maximum duration of a multiyear contract
under the authority of that section, the Secretary of the Army may
extend the multiyear contract in effect during fiscal year 1996 for the
Avenger Air DefenseMissile system through fiscal year 1997 and may
award such an extension.
(b) Army Tactical Missile System.--The Secretary of the Army may,
in accordance with section 2306b of title 10, United States Code, enter
into a multiyear procurement contract, beginning with the fiscal year
1997 program year, for procurement of the Army Tactical Missile System
(Army TACMS).
(c) 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. 113. 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 (Public Law
104-106; 110 Stat. 204), $6,000,000 is available for the procurement of
Bradley TOW-2 Test Program sets.
Subtitle C--Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized From SCN Account.--(1) Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal year
1997--
(A) $699,071,000 is available for continued construction of the
third vessel (designated SSN-23) in the Seawolf attack submarine
class, which shall be the final vessel in that class;
(B) $296,186,000 is 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 is 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 amounts under
subparagraphs (B) and (C) of paragraph (1) are available, such amounts
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) Amounts Authorized From Navy RDT&E Account.--(1) Of the amount
authorized to be appropriated by section 201(2), $487,611,000 is
available for the design of the submarine previously designated by the
Navy as the New Attack Submarine.
(2)(A) Of the amount authorized to be appropriated by section
201(2), $60,000,000 is available for obligation under contracts with
Electric Boat Division and Newport News Shipbuilding and other entities
to address the inclusion on future nuclear attack submarines of the
core advanced technologies that are identified by the Secretary of
Defense (in the report of the Secretary entitled ``Report on Nuclear
Attack Submarine Procurement and Submarine Technology'', submitted to
Congress on March 26, 1996) as those technologies the maturation of
which the Submarine Technology Assessment Panel recommended be
addressed in its March 15, 1996, final report to the Assistant
Secretary of the Navy for Research, Development, and Acquisition, as
follows: hydrodynamics, alternative sail designs, advanced arrays,
electric drive, external weapons, and active controls and mounts.
(B) Of the amount available under subparagraph (A), $20,000,000
shall be equally divided between Electric Boat Division and Newport
News Shipbuilding for the purpose of ensuring that those shipbuilders
are principal participants in the process of addressing the inclusion
of technologies referred to in subparagraph (A) on future nuclear
attack submarines. Contracts with the shipbuilders under this
subparagraph shall provide the shipbuilders with wide latitude to
pursue submarine-wide, integrated systems approaches to the inclusion
of such technologies. The Secretary of the Navy shall ensure that those
shipbuilders 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.
(3) Of the amount authorized to be appropriated by section 201(2),
$38,000,000 is available to begin funding those Category I and Category
II advanced technologies described in Appendix C of the report of the
Secretary of Defense referred to in paragraph (2)(A). The Secretary of
the Navy shall ensure that Electric Boat Division and Newport News
Shipbuilding are also principal participants in the technology
initiatives pursued with such funds to ensure submarine-wide,
integrated systems approaches to the inclusion of such technologies on
future nuclear attack submarines.
(4) In addition to the purposes for which the amounts under
paragraphs (1), (2), and (3) are available, such amounts are also
available for contracts with Electric Boat Division and Newport News
Shipbuilding to carry out the provisions of the memorandum of agreement
referred to in subsection (a)(2) for research and development
activities under that memorandum of agreement.
(c) Amount From Fiscal Year 1996 Funds for National Defense Sealift
Fund.--(1) Section 132 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 210) is repealed.
(2) The amount referred to in section 132 of the National Defense
Authorization Act for Fiscal Year 1996 (as in effect immediately before
the repeal by paragraph (1)) shall be available to the Secretary of the
Navy for activities relating only to advanced submarine technology that
involve the construction of large scale vehicles for purposes of
hydrodynamic andhydroacoustic research on developmental designs for
hulls and propulsion systems.
(d) 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 fiscal year
1998 submarine and the fiscal year 1999 submarine under this
section; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary may enter into a contract or contracts under this
section with the shipbuilder of the fiscal year 1998 submarine only if
the Secretary enters into a contract or contracts under this section
with the shipbuilder of the fiscal year 1999 submarine.
(e) Limitations.--(1)(A) Of the amounts specified in subsection
(a)(1), not more than $100,000,000 may be obligated 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 under one or more contracts that are
entered into after 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. 208), after fiscal year 2001.
(2) Of the amounts specified in subsection (a)(1), not more than
$675,000,000 may be obligated until the Under Secretary of Defense for
Acquisition and Technology submits to the congressional committees
specified in paragraph (1) a report in writing detailing the following:
(A) The Under Secretary's oversight activities to date, and
plans for the future, for the development and improvement of the
nuclear attack submarine program of the Navy as required by section
131(b)(2)(C) of the National Defense Authorization Act for Fiscal
Year 1996 (110 Stat. 207).
(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 the National
Defense Authorization Act for Fiscal Year 1996 (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.
(C) A description of 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, specifically identifying
ongoing involvement, and plans for future involvement, in any such
program, project, or activity by either Electric Boat Division or
Newport News Shipbuilding, or by both.
(3) Of the amount specified in subsection (b)(1), not more than
$100,000,000 may be obligated or expended until the Under Secretary of
Defense (Comptroller) certifies in writing to the congressional
committees specified in paragraph (1) that--
(A) funds specified in subsection (c)(2) have been made
available for obligation; and
(B) to the extent that funds specified in paragraphs (2) and
(3) of subsection (b) have been appropriated for the purposes
specified in such paragraphs, such funds have been made available
for obligation.
(f) Acquisition Simplification.--In furtherance of the direction
provided by subsection (d) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (110 Stat. 209) to the Secretary
of Defense regarding the application of acquisition reform policies and
procedures to the submarine program under that section, the Secretary
shall direct the Secretary of the Navy to implement for the submarine
programs of the Navy acquisition reform initiatives similar in intent
and approach to the initiatives begun by the Secretary of the Air Force
in May 1995 and referred to as the ``Lightning Bolt'' initiatives. The
Secretary of the Navy shall, not later than March 31, 1997, submit to
the congressional committees specified in subsection (e)(1) a report on
the results of the implementation of such initiatives.
(g) Design Responsibility.--(1) The Secretary of the Navy shall
carry out the submarine program described in section 131 of the
National Defense Authorization Act for Fiscal Year 1996 in a manner
that ensures that each of the two shipbuilders in- volved in the design
and construction of the four submarines described in that section be
allowed to propose to the Secretary any design improvement that the
shipbuilder considers appropriate for the submarines to be built by
that shipbuilder as part of those four submarines. The Secretary shall
ensure that both shipbuilders have full and open access to all design
data concerning the design of the submarine previously designated by
the Navy as the New Attack Submarine.
(2) The designs proposed by the shipbuilders should proceed from,
but not be limited to, the specific advanced technologies referred to
in subsection (b)(2)(A), especially technologies involving
hydrodynamics and hydroacoustics concepts.
(3) The Secretary shall require both shipbuilders to submit to the
Secretary an annual report on the progress of the design work on the
submarines referred to in paragraph (1) and shalltransmit each such
report to the committees specified in subsection (e)(1).
(4) The Secretary shall also submit an annual report to the
committees specified in subsection (e)(1) on the design improvements
proposed by the two shipbuilders under paragraph (1) for incorporation
on any of the four submarines and on the degree to which design
information on the base design and design improvements has been shared
between the shipbuilders. Each annual report shall set forth each
design improvement proposed and whether that proposal was--
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall include the
reasons therefor and any views of the shipyard making the proposal.
(5) The reports referred to in paragraphs (3) and (4) shall be
submitted concurrently with the annual revisions to the Secretary of
Defense's nuclear attack submarine plan required by section 131(e) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 209).
(h) Serial Production.--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 the
National Defense Authorization Act for Fiscal Year 1996 in order to
provide in such plan the option for selection of a design for a next
submarine for serial production not earlier than fiscal year 2002
(rather than fiscal year 2003, as provided in paragraph (3)(B) of such
section 131(c)).
(i) 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.
(j) Submarines Defined by Reference to Fiscal Year.--For purposes
of this section--
(1) the term ``fiscal year 1998 submarine'' means the submarine
referred to in subsection (a)(1)(B); and
(2) the term ``fiscal year 1999 submarine'' means the submarine
referred to in subsection (a)(1)(C).
SEC. 122. 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 during 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
during 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), $525,000,000 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 subsection
(a)(4), 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. 123. 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 the 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. 124. T-39N TRAINER AIRCRAFT FOR THE NAVY.
The Secretary of the Navy may, using funds appropriated for fiscal
year 1996 for procurement of T-39N trainer aircraft for the Navy that
remain available for obligation for such purpose, enter into a contract
for the acquisition of T-39N aircraft for naval flight officer training
that are suitable for low-level training flights. Such a contract may
be entered into only after the Secretary complies with section 137 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 212).
SEC. 125. 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.
Subtitle D--Air Force Programs
SEC. 131. REPEAL OF LIMITATION ON PROCUREMENT OF F-15E AIRCRAFT.
Section 134 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) is repealed.
SEC. 132. MODIFICATION TO MULTIYEAR PROCUREMENT AUTHORITY FOR C-17
AIRCRAFT PROGRAM.
(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may enter into one or more multiyear contracts for the procurement of
C-17 aircraft (including the section 2703 contract entered into before
the date of the enactment of this Act under the authority of section
2703 of the Supplemental Appropriations Act of 1996 (title II of Public
Law 104-134)). The total number of aircraft contracted to be procured
under such multiyear contracts may not exceed 80. Any such contract
shall be entered into in accordance with section 2306b of title 10,
United States Code (and subject to such modifications as may be
authorized by law in the maximum period for such contracts specified in
subsection (k) of such section).
(b) Requirement To Negotiate Option to Convert Existing Contract to
Six Program Years.--The Secretary of the Air Force shall negotiate with
the prime contractor for the C-17 aircraft program so as to achieve a
contract option for the United States under the section 2703 contract
to convert the multiyear procurement period under that contract to a
period of six program years based upon the level of funding for that
program for fiscal year 1997.
(c) Contract Period.--A contract entered into after the date of the
enactment of this Act on a multiyear basis under the authority of
subsection (a) may (notwithstanding section 2306b(k) of title 10,
United States Code) be for a period of six program years.
(d) Section 2703 Contract Defined.--For purposes of this section,
the term ``section 2703 contract'' means the contract entered into by
the Secretary of the Air Force on May 31, 1996, with the prime
contractor for the C-17 aircraft program under the authority of section
2703 of the Supplemental Appropriations Act of 1996 (title II of Public
Law 104-134) providing for a multiyear procurement of C-17 aircraft
over seven program years with an option for the Secretary to convert
that period to six program years.
Subtitle E--Other Matters
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.
SEC. 142. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 214; 50 U.S.C. 1521 note) is
amended by adding at the end the following new subsections:
``(e) Assessment of Alternative Technologies for Demilitarization
of Assembled Chemical Munitions.--(1) In addition to the assessment
required by subsection (c), the Secretary of Defense shall conduct an
assessment of the chemical demilitarization program for destruction of
assembled chemical munitions and of the alternative demilitarization
technologies and processes (other than incineration) that could be used
for the destruction of the lethal chemical agents that are associated
with these munitions, while ensuring maximum protection for the general
public, the personnel involved in the demilitarization program, and the
environment. The measures considered shall be limited to those that
would minimize the risk to the public and reduce the total cost of the
chemical agents and munitions destruction program. The assessment shall
be conducted without regard to any limitation that would otherwise
apply to the conduct of such assessment under any provision of law.
``(2) The assessment shall be conducted in coordination with the
National Research Council.
``(3) Among the alternatives, the assessment shall include a
determination of 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 (other than Tooele Army Depot or
Johnston Atoll), and transportingthe neutralized remains and all
munitions parts to a treatment, storage, and disposal facility within
the United States that has the necessary environmental permits to
undertake incineration of the material.
``(4) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
``(5) Not later than December 31, 1997, the Secretary of Defense
shall submit to Congress a report on the assessment conducted in
accordance with paragraph (1) and any recommendations for revision of
the chemical demilitarization program, including the continued
development of alternative demilitarization technologies and processes
other than incineration that could be used for the destruction of the
lethal chemical agents that are associated with these assembled
chemical munitions and the chemical munitions demilitarization sites
for which the selected technologies should be developed.
``(f) Pilot Program for Demilitarization of Chemical Agents for
Assembled Munitions.--(1) If the Secretary of Defense makes a decision
to continue the development of an alternative demilitarization
technology or process (other than incineration) that could be used for
the destruction of the lethal chemical agents that are associated with
assembled chemical munitions, $25,000,000 shall be available from the
funds authorized to be appropriated in section 107 of the National
Defense Authorization Act for Fiscal Year 1997 for the chemical agents
and munitions destruction program, in order to initiate a pilot program
using the selected alternative technology or process for the
destruction of chemical agents that are stored at these sites.
``(2) Not less than 30 days before using funds to initiate the
pilot program under paragraph (1), the Secretary shall submit notice in
writing to Congress of the Secretary's intent to do so.
``(3) The pilot program shall be conducted at the selected chemical
agent and munitions stockpile storage site for which the alternative
technology or process is recommended.''.
SEC. 143. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING
AND MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support
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''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year
1997.
Sec. 242. Certification of capability of United States to defend against
single ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures for
the award of certain contracts to colleges and universities.
Sec. 266. Pilot program for transfer of defense technology information
to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
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, $4,780,615,000.
(2) For the Navy, $8,068,299,000.
(3) For the Air Force, $14,756,366,000.
(4) For Defense-wide activities, $9,691,293,000, of which--
(A) $269,038,000 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 AND APPLIED RESEARCH.
(a) Fiscal Year 1997.--Of the amounts authorized to be appropriated
by section 201, $4,031,343,000 shall be available for basic research
and applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAM.
(a) Allocation of Funds.--Of the amount appropriated pursuant to
the authorization in section 201(4), $85,000,000 shall be available for
the dual-use technology program under this section.
(b) Designation of Official for Dual-Use Program.--(1) The
Secretary of Defense shall designate a senior official in the Office of
the Secretary of Defense to have as that official's sole
responsibilities developing policy relating to, and ensuring effective
implementation of, the dual-use technology program of the Department of
Defense. In carrying out such responsibilities, the official shall
ensure--
(A) that commercial technologies are integrated into current
and future military systems to the maximum extent practicable;
(B) that dual-use projects are coordinated with the joint
warfighting science and technology plan referred to in section 270;
and
(C) that dual-use projects of the military departments and the
defense agencies are coordinated and avoid unnecessary duplication.
(2) The senior official designated under paragraph (1) shall carry
out such responsibilities during the period beginning on October 1,
1996, and ending on September 30, 2000. Such official shall report
directly to the Under Secretary of Defense for Acquisition and
Technology.
(c) Funding Requirement.--Of the amounts appropriated pursuant to
the authorizations in section 201 for the Department of Defense for
science and technology programs for fiscal year 1997, at least 5
percent of such amounts shall be available only for dual-use projects
of the Department of Defense. The funds made available under the
preceding sentence are in addition to the funds made available under
subsection (a).
(d) Limitation on Obligations.--Funds made available pursuant to
subsections (a) and (c) may be used for a dual-use project only if the
contract, cooperative agreement, or othertransaction by which the
project is carried out is entered into through the use of competitive
procedures.
(e) Transfer Authority.--In addition to the transfer authority
provided in section 1001, the Secretary of Defense may transfer funds
made available pursuant to subsections (a) and (c) for a dual-use
project from a military department or defense agency to another
military department or defense agency to ensure efficient
implementation of the dual-use technology program. The Secretary may
delegate the authority provided in the preceding sentence to the senior
official designated under subsection (b).
(f) Federal Cost Share.--The share contributed by the Secretary of
a military department or the head of a defense agency for the cost of a
dual-use project during fiscal year 1997 may not be greater than 50
percent of the cost of the project for that fiscal year.
(g) Report.--At the same time the President submits to Congress the
budget for fiscal year 1998 pursuant to section 1105(a) of title 31,
United States Code, the Secretary of Defense shall submit to Congress a
report that specifies the investment strategy for the dual-use
technology program to be conducted during fiscal years 1998, 1999, and
2000.
(h) Definitions.--In this section:
(1) The term ``dual-use technology program'' means the program
of the Department of Defense under which research or development of
a dual-use technology (as defined in section 2491 of title 10,
United States Code) is carried out and the costs of which are
shared between the Department of Defense and non-Government
entities. The term includes the dual-use critical technology
program established pursuant to section 2511 of title 10, United
States Code.
(2) The term ``dual-use project'' means a project under the
dual-use technology program.
(3) The term ``science and technology program'' means a program
of a military department under which basic research, applied
research, or advanced technology development is carried out.
SEC. 204. DEFENSE SPECIAL WEAPONS AGENCY.
There is hereby authorized to be appropriated for fiscal year 1997
the amount of $314,313,000 for the Defense Special Weapons Agency, of
which--
(1) $7,900,000 is for procurement;
(2) $218,330,000 is for research, development, test, and
evaluation; and
(3) $88,083,000 is for operations and maintenance.
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 program (program
element 63401F), $25,000,000.
(b) Limitations.--(1) Of the funds made available for the reusable
launch vehicle 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) Of the funds made available for the Evolved Expendable Launch
Vehicle program pursuant to subsection (a)(1), the total amount
obligated for such purpose may not exceed $20,000,000 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 program pursuant to subsection (a)(2).
(c) Coordination of Engine Testing.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration
shall submit to Congress a joint plan for coordinating and eliminating
unnecessary duplication in the operations and planned improvements of
rocket engine and rocket engine component test facilities managed by
the Department of the Air Force and the National Aeronautics and Space
Administration. The plan shall provide, to the extent practical, for
the development of commonly funded and commonly operated facilities.
SEC. 212. 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, $173,290,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Limitation.--Not more than $100,000,000 of the funds authorized
to be made available under subsection (a)(1) may be obligated or
expended until the Secretary of Defense certifies to Congress that the
Secretary has made available the funds authorized to be made available
under subsection (a)(2) for the purpose of accelerating the deployment
of the Space Segment Low (the Space and Missile Tracking System).
(c) Program Management.--Before the submission of the President's
budget for fiscal year 1998, the Secretary of Defense shall conduct a
review of the appropriate management responsibilities for the Space and
Missile Tracking System, including whether transferring such management
responsibility from the Air Force to the Ballistic Missile Defense
Organization would result in improved program efficiencies and support.
SEC. 213. 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.--Of the funds authorized to be appropriated
pursuant to this Act for the global positioning system (GPS) Block II F
Satellite system, not more than $25,000,000 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 purpose specified in
subsection (a).
SEC. 214. LIVE-FIRE SURVIVABILITY TESTING OF V-22 OSPREY 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 Osprey aircraft program the survivability
tests required by that section, notwithstanding that such program has
entered engineering and manufacturing development.
(b) Report to Congress.--In exercising the waiver authority in
section 2366(c) of title 10, United States Code, the Secretary shall
submit to Congress a report explaining how the Secretary plans to
evaluate the survivability of the V-22 Osprey aircraft system and
assessing possible alternatives to realistic survivability testing of
the system.
(c) 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
Osprey aircraft would be unreasonably expensive and impractical, the
Secretary shall require that components critical to the survivability
of the V-22 Osprey aircraft be subjected to live-fire testing under an
alternative live-fire testing program that, by reason of the number of
such components tested and the realism of the threat environments under
which the components are tested, will yield test results that provide a
sufficient basis for drawing meaningful conclusions about the
survivability of V-22 Osprey aircraft.
(d) Funding.--The funds required to carry out any alternative live-
fire testing of the V-22 Osprey aircraft system shall be made available
from amounts appropriated for the V-22 Osprey program.
SEC. 215. 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
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 F-22
aircraft would be unreasonably expensive and impractical, the Secretary
shall require that components and subsystems critical to the
survivability of the F-22 aircraft be subjected to live-fire testing
under an alternative live-fire testing program that, by reason of the
number of such components and subsystems tested and the realism of the
threat environments under which the components and subsystems are
tested, will yield test results that provide a sufficient basis for
drawing meaningful conclusions about the survivability of F-22
aircraft.
(c) Funding.--The funds required to carry out any alternative live-
fire testing of the F-22 aircraft system shall be made available from
amounts appropriated for the F-22 program.
SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED
RECONNAISSANCE AIRCRAFT.
(a) Limitation.--Effective on the date of the enactment of this
Act, not more than $50,000,000 (in fiscal year 1997 constant dollars)
may be obligated or expended for--
(1) research, development, test, and evaluation for, and
acquisition and modification of, the F-16 tactical manned
reconnaissance aircraft program; and
(2) costs associated with the termination of such program.
(b) Exception.--The limitation in subsection (a) shall not apply to
obligations required for improvements planned before the date of the
enactment of this Act to incorporate the common data link into the F-16
tactical manned reconnaissance aircraft.
SEC. 217. COST ANALYSIS OF F-22 AIRCRAFT PROGRAM.
(a) Review and Report.--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.
(b) Content of Report.--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 withan assessment of the effects of such
changes on the program.
(c) Submission of Report.--Not later than March 30, 1997, the
Secretary shall submit the report to the congressional defense
committees, together with the Secretary's views on the matters covered
by the report.
(d) 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 under this section.
SEC. 218. F-22 AIRCRAFT PROGRAM REPORTS.
(a) Annual Report.--(1) At the same time that 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 within the Department
of Defense 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 within the Department of Defense 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. 219. 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 Submission of Report.--Not
more than 90 percent of the funds authorized to be appropriated by this
Act for the procurement of F/A-18E/F aircraft may be obligated or
expended for procurement of such 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. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$602,069,000 shall be available only for advanced technology
development for the Joint Advanced Strike Technology (JAST) program. Of
that amount--
(1) $259,833,000 shall be available only for program element
63800N in the budget of the Department of Defense for fiscal year
1997;
(2) $263,836,000 shall be available only for program element
63800F in the budget of the Department of Defense for fiscal year
1997; and
(3) $78,400,000 shall be available only for program element
63800E in the budget of the Department of Defense for fiscal year
1997.
(b) Analysis of Force Structure.--Of the amounts authorized to be
appropriated by section 201 for the Joint Advanced Strike Technology
program, up to $10,000,000 shall be available for the conduct of an
analysis by the Institute for Defense Analyses of the following:
(1) The weapon systems force structure required to meet the
anticipated range of threats projected by the intelligence
community for the period 2000 through 2025.
(2) Alternative force mixes, including, at a minimum, the
following force mixes:
(A) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, AH-64, AH-1W,
RAH-66, F-14, F-16, F-15, F-117, F-22, B-1, B-2, and B-52
aircraft; and air-to-surface and surface-to-surface weapons
systems.
(B) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, F-14, F-16, F-
15, F-117, and F-22 aircraft; and air-to-surface and surface-
to-surface weapons systems.
(3) Cost and operational effectiveness of the alternative force
mixes analyzed under paragraph (2), includingsensitivity analyses
related to system performance, costs, threats, and force employment
scenarios.
(4) Required operational capability dates of systems not yet in
production for the force mixes analyzed under paragraph (2).
(5) Affordability, commonality, and roles and missions
considerations related to the alternative force mixes analyzed
under paragraph (2).
(c) Cost Review of Force Structure Analysis.--The Secretary of
Defense shall direct the Cost Analysis Improvement Group in the Office
of the Secretary of Defense to review cost estimates made under the
analysis conducted under subsection (b) and submit to the Secretary a
report on the results of the review. The report may include comments
and additional cost sensitivity analyses.
(d) Briefing and Report.--(1) Not later than November 15, 1996, the
Secretary of Defense shall make available to the congressional defense
committees a briefing on the plan and assumptions for the analysis to
be conducted under subsection (b).
(2) Not later than May 15, 1997, the Secretary of Defense shall
submit to the congressional defense committees a report containing a
copy of the analysis conducted under subsection (b) and of the cost
review conducted under subsection (c), together with the views of the
Secretary on such analysis and cost review.
SEC. 221. UNMANNED AERIAL VEHICLES.
(a) Procurement Funding Request.--The funding request for
procurement for unmanned aerial vehicles for any fiscal year shall be
set forth under the funding requests for the military departments in
the budget of the Department of Defense.
(b) Transfer of Program Management.--Program management for the
Predator Unmanned Aerial Vehicle, and programmed funding for such
vehicle for fiscal years 1998, 1999, 2000, 2001, and 2002 (as set forth
in the future-years defense program), shall be transferred to the
Department of the Air Force, effective October 1, 1996, or the date of
the enactment of this Act, whichever is later.
(c) Prohibition on Providing Operating Capability from Naval
Vessels.--No funds authorized to be appropriated by this Act may be
obligated for purposes of providing the capability of the Predator
Unmanned Aerial Vehicle to operate from naval vessels.
SEC. 222. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECONNAISSANCE
SYSTEM.
Any concepts for an improved Tier III Minus (High Altitude
Endurance Unmanned Aerial Reconnaissance) system, developed using funds
authorized to be appropriated under this title, that would increase the
unit flyaway cost for such system to an amount greater than the unit
flyaway cost established in either of the original contracts for such
system, may not be carried out under the original contracts, but must
instead be carried out under another contract that is awarded using
competitive procedures.
SEC. 223. CYCLONE CLASS PATROL CRAFT SELF-DEFENSE.
(a) Study Required.--The Secretary of Defense shall perform a study
of the operational requirements for vessel self-defense for the Cyclone
class patrol craft and a comparative evaluation of the potential means
for meeting the operational requirements for self-defense of the craft.
The study shall consider the range of operational scenarios in which
the craft is expected to be employed.
(b) Systems To Be Evaluated.--The study under subsection (a) shall
consider those self-defense systems that could be employed aboard the
Cyclone class patrol craft, including the Barak ship self-defense
missile system.
(c) Report.--Not later than March 31, 1997, the Secretary shall
submit to Congress a report containing the results of the study under
subsection (a).
SEC. 224. ONE-YEAR EXTENSION OF DEADLINE FOR DELIVERY OF ENHANCED
FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM.
Section 272(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 239) is amended by
striking out ``September 30, 1998,'' and inserting in lieu thereof
``September 30, 1999,''.
SEC. 225. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for the Army for Other Missile
Product Improvement Programs, $9,000,000 is authorized as specified in
subsection (b) for completion of the Hydra-70 product improvement
program authorized for fiscal year 1996.
(b) Authorized Actions.--Funding is authorized to be appropriated
for the following:
(1) Procurement for test and flight qualification of at least
one nondevelopmental item 2.75-inch composite rocket motor
propellant type, along with other nondevelopmental item candidate
motors that use composite propellant as the propulsion component.
(2) Platform integration, including additional quantities of
the motor chosen for operational certification on the Apache attack
helicopter.
(c) Definition.--In this section, the term ``nondevelopmental
item'' has the meaning provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
SEC. 226. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 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'') 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
theamount 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 from which work is proposed to be
procured for the Department of Defense for fiscal year 1997;
(B) for each such center, the proposed funding level and the
estimated personnel level for fiscal year 1997; and
(C) for each such center, an unambiguous definition of the
unique core competencies required to be maintained for fiscal year
1997.
(2) The total of the proposed funding levels set forth in the
report for all FFRDCs 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 under section 201 may be
obligated to procure work from an FFRDC until the Secretary of Defense
submits the report required by subsection (b).
(d) Funding.--(1) Subject to paragraph (2), of the amounts
authorized to be appropriated by section 201, not more than a total of
$1,214,650,000 may be obligated to procure services from the FFRDCs
named in the report required by subsection (b).
(2) The limitation in paragraph (1) does not apply to funds
obligated for the procurement of equipment for FFRDCs.
(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. 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. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
(a) Establishment of Conventional Munitions, Rockets, and
Explosives Demilitarization Program.--The Secretary of Defense shall
establish an integrated program for the development and demonstration
of technologies for the demilitarization and disposal of conventional
munitions, rockets, and explosives in a manner that complies with
applicable environmental laws.
(b) Duration of Program.--The program established pursuant to
subsection (a) shall be in effect for a period of at least five years,
beginning with fiscal year 1997.
(c) Funding.--Of the amount authorized to be appropriated in
section 201, $15,000,000 is authorized to be appropriated for the
program established pursuant to subsection (a). The funding request for
the program shall be set forth separately in the budget justification
documents for the budget of the Department of Defense for each fiscal
year during which the program is in effect.
(d) Reports.--The Secretary of Defense shall submit to Congress a
report on the plan for the program established pursuant to subsection
(a) at the same time the President submits to Congress the budget for
fiscal year 1998. The Secretary shall submit an updated version of such
report, setting forth in detail the progress of the program, at the
same time the President submits the budget for each fiscal year after
fiscal year 1998 during which the program is in effect.
SEC. 228. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY RELATING TO CHEMICAL AND BIOLOGICAL WARFARE
DEFENSE TECHNOLOGY.
(a) Authority.--Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1853; 50 U.S.C. 1522) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of the Defense Advanced Research Projects Agency
may conduct a program of basic and applied research and advanced
technology development on chemical and biological warfare defense
technologies and systems. In conducting such program, the Director
shall seek to avoid unnecessary duplication of the activities under the
program with chemical and biological warfare defense activities of the
military departments and defense agencies and shall coordinate the
activities under the program with those of the military departments and
defense agencies.''.
(b) Funding.--Section 1701(d) of such Act is amended--
(1) in paragraph (1), by striking out ``military departments''
and inserting in lieu thereof ``Department of Defense'';
(2) in paragraph (2), by inserting after ``requests for the
program'' in the first sentence the following: ``(other than for
activities under the program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2))'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The program conducted by the Defense Advanced Research
Projects Agency under subsection (c)(2) shall be set forth as a
separate program element in the budget of that agency.''.
SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT
ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of this Act,
the President shall submit to Congress a certification in writing
stating specifically whether or not the United States has the
capability (as of the date of the certification) to prevent the illegal
importation of nuclear, biological, and chemical weapons into the
United States and its possessions.
SEC. 230. 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.
SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $186,200,000 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.
Subtitle C--Ballistic Missile Defense Programs
SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL
YEAR 1997.
(a) Program Amounts.--Of the amount appropriated pursuant to
section 201(4), the following amounts may be obligated for the
following systems managed by the Ballistic Missile Defense
Organization:
(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.
(3) For the National Missile Defense System, $858,437,000.
(4) For the Corps Surface-to-Air Missile (SAM)/Medium Extended
Air Defense System (MEADS), $56,200,000.
(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.
(c) Limitations.--Not more than $15,000,000 of the amount available
for the Corps SAM/MEADS program undersubsection (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. 242. CERTIFICATION OF CAPABILITY OF UNITED STATES TO DEFEND
AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of this Act,
the President shall submit to Congress a certification in writing
stating specifically whether or not the United States has the military
capability (as of the time of the certification) to intercept and
destroy a single ballistic missile launched at the territory of the
United States.
SEC. 243. REPORT ON BALLISTIC MISSILE DEFENSE AND PRO- LIFERATION.
The Secretary of Defense shall submit to Congress a report on
ballistic missile defense and the proliferation of weapons of mass
destruction, including nuclear, chemical, and biological weapons, and
the missiles that can be used to deliver them. The report shall be
submitted not later than December 31, 1996, and shall include the
following:
(1) An assessment of how United States theater missile defenses
contribute to United States efforts to prevent proliferation,
including an evaluation of the specific effect United States
theater missile defense systems can have on dissuading other states
from acquiring ballistic missiles.
(2) An assessment of how United States national missile
defenses contribute to United States efforts to prevent
proliferation.
(3) An assessment of the effect of the lack of national missile
defenses on the desire of other states to acquire ballistic
missiles and an evaluation of the types of missiles other states
might seek to acquire as a result.
(4) A detailed review of the linkages between missile defenses
(both theater and national) and each of the categories of
counterproliferation activities identified by the Secretary of
Defense as part of the Defense Counterproliferation Initiative
announced by the Secretary in December 1993.
(5) A description of how theater and national ballistic missile
defenses can augment the effectiveness of other
counterproliferation tools.
SEC. 244. REVISION TO ANNUAL REPORT ON 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), and (10);
(2) by redesignating paragraphs (5) and (6) as paragraphs (3)
and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5) and in that
paragraph by striking out ``of the Soviet Union'' and ``for the
Soviet Union'';
(4) by redesignating paragraph (8) as paragraph (6); and
(5) by redesignating paragraph (9) as paragraph (7) and in that
paragraph--
(A) by striking out ``of the Soviet Union'' in subparagraph
(A);
(B) by striking out subparagraphs (C) through (F); and
(C) by redesignating subparagraph (G) as subparagraph (C).
SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
Not later than 120 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 on the following matters regarding
the National Missile Defense Plan of the Air Force:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to that plan.
(2) The arms control implications of such a system.
(3) The growth potential of such a system to meet future
threats.
(4) The recommendations of the Secretary for improvements to
that plan.
SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National Missile
Defense system deployed by the United States is capable of defeating
the threat posed by the Taepo Dong II missile of North Korea.
SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR
EMPLOYMENT OF ESTABLISHMENT OF NATIONAL MISSILE DEFENSE JOINT
PROGRAM OFFICE.
The Secretary of Defense shall take such actions as are necessary
in connection with the establishment of the National Missile Defense
Joint Program Office within the Ballistic Missile Defense Organization
to ensure that the establishment of that office does not make it
necessary for a Federal Government contractor to reduce significantly
the number of persons employed by that 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).
SEC. 248. ABM TREATY DEFINED.
For purposes of 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, and signed at Moscow on May 26, 1972, and includes the
Protocols to that Treaty, signed at Moscow on July 3, 1974.
Subtitle D--Other Matters
SEC. 261. MAINTENANCE AND REPAIR AT AIR FORCE INSTALLATIONS.
(a) Allocation of Funds.--The Secretary of the Air Force shall
allocate funds authorized to be appropriated by this title and title
III of this Act for maintenance and repair of real property at military
installations of the Department of the Air Force without regard to
whether the installation is supported with funds authorized by this
title or title III of this Act.
(b) Mixing of Funds Prohibited on Individual Projects.--The
Secretary of the Air Force may not combine funds authorized to be
appropriated by this title and funds authorized to be appropriated by
title III for an individual project for maintenance and repair of real
property at a military installation of the Department of the Air Force.
SEC. 262. REPORT RELATING TO SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
Not later than March 30, 1997, the Comptroller General shall submit
to Congress and to the Secretary of Defense a report setting forth the
following with respect to the Small Business Innovation Research
Program (as defined by section 2491(11) of title 10, United States
Code):
(1) An assessment of whether there has been a demonstrable
reduction in the quality of research performed under funding
agreements awarded by the Department of Defense under the program
since fiscal year 1995.
(2) An assessment of the degree to which competitive procedures
are being followed throughout the military departments and defense
agencies in awarding funding agreements under the program.
(3) An assessment of the degree to which technologies developed
through the program are or are likely to be used in military
projects and programs.
SEC. 263. 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. 264. AMENDMENTS TO DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Section 257(d) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2705; 10 U.S.C. 2358 note) is
amended--
(1) in paragraph (1)--
(A) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under Secretary of
Defense for Acquisition and Technology''; and
(B) by striking out ``and shall notify the Director of
Defense Research and Engineering of the States so designated'';
and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under
Secretary of Defense for Acquisition and Technology''; and
(ii) by striking out ``as determined by the Director''
and inserting in lieu thereof ``as determined by the Under
Secretary'';
(B) in subparagraph (A), by striking out ``(to be
determined in consultation with the Secretary of Defense);''
and inserting in lieu thereof ``; and'';
(C) by striking out ``; and'' at the end of subparagraph
(B) and inserting in lieu thereof a period; and
(D) by striking out subparagraph (C).
SEC. 265. ELIMINATION OF REPORT ON THE USE OF COMPETITIVE
PROCEDURES FOR THE AWARD OF CERTAIN CONTRACTS TO COLLEGES AND
UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by
striking out subsection (c).
SEC. 266. 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 (with 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.
SEC. 267. 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 by 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 the use by the
Department of Defense 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 by 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 other transactions, and
the amount of such payments, if any, that were credited to each
account established under subsection (f).''.
(c) 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) in section 2371a (as designated by the amendment made by
subparagraph (A)), 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. 268. 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 troops of both the United States and its allies.
(b) Sense of Congress.--It is the sense of Congress 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.
SEC. 269. EVALUATION OF DIGITAL VIDEO NETWORK EQUIPMENT USED IN
OLYMPIC GAMES.
(a) Evaluation.--The Secretary of Defense shall evaluate the
digital video network equipment used in the 1996 Olympic games to
determine whether such equipment would be the most appropriate
equipment for use as a test bed for the military application of
commercial off-the-shelf advanced technology linking multiple
continents, multiple satellites, and multiple theaters of operations by
compressed digital audio and visual broadcasting technology.
(b) Report.--Not later than April 1, 1997, the Secretary of Defense
shall submit to Congress a report on the results of the evaluation
conducted under subsection (a).
SEC. 270. 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 under subsection (a) shall be
submitted not later than March 1, 1997.
Subtitle E--National Oceanographic Partnership Program
SEC. 281. FINDINGS.
Congress finds the following:
(1) The oceans and coastal areas of the United States are among
the Nation's most valuable natural resources, making substantial
contributions to economic growth, quality of life, and national
security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the
prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and protecting
their limited resources. Therefore, the United States should
maintain its world leadership in oceanography as one key to its
competitive future.
(4) Ocean research and education activities take place within
Federal agencies, academic institutions, and industry. These
entities often have similar requirements for research facilities,
data, and other resources (such as oceanographic research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in the
ocean sciences and education, so that optimal use can be made of
this most important natural resource for the well-being of all
Americans.
SEC. 282. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Program Required.--(1) Subtitle C of title 10, United States
Code, is amended by adding 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. Ocean Research Advisory Panel.
``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, academia, 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.
``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.
``(2) The Administrator of the National Oceanic and Atmospheric
Administration.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and Space
Administration.
``(5) The Deputy Secretary of Energy.
``(6) The Administrator of the Environmental Protection Agency.
``(7) The Commandant of the Coast Guard.
``(8) The Director of the Geological Survey of the Department
of the Interior.
``(9) The Director of the Defense Advanced Research Projects
Agency.
``(10) The Director of the Minerals Management Service of the
Department of the Interior.
``(11) The President of the National Academy of Sciences, the
President of the National Academy of Engineering, and the President
of the Institute of Medicine.
``(12) The Director of the Office of Science and Technology.
``(13) The Director of the Office of Management and Budget.
``(14) One member appointed by the chairman from among
individuals who will represent the views of ocean industries.
``(15) One member appointed by the chairman from among
individuals who will represent the views of State governments.
``(16) One member appointed by the chairman from among
individuals who will represent the views of academia.
``(17) One member appointed by the chairman from among
individuals who will represent such other views as the chairman
considers appropriate.
``(c) Chairman and Vice Chairman.--(1) Except as provided in
paragraph (2), the chairman and vice chairman of the Council shall be
appointed every two years by a selection committee of the Council
composed of, at a minimum, the Secretary of the Navy, the Administrator
of the National Oceanic and Atmospheric Administration, and the
Director of the National Science Foundation. The term of office of the
chairman and vice chairman shall be two years. A person who has
previously served as chairman or vice chairman may be reappointed.
``(2) The first chairman of the Council shall be the Secretary of
the Navy. The first vice chairman of the Council shall be the
Administrator of the National Oceanic and Atmospheric Administration.
``(d) Term of Office.--The term of office of a member of the
Council appointed under paragraph (14), (15), (16), or (17) 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.
``(e) Responsibilities.--The Council shall have the following
responsibilities:
``(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
``(2) To review, select, and identify and allocate funds for
partnership projects for implementation under the program, based on
the following criteria:
``(A) Whether the project addresses critical research
objectives or operational goals, such as data accessibility and
quality assurance, sharing of resources, education, or
communication.
``(B) Whether the project has, or is designed to have,
broad participation within the oceanographic community.
``(C) Whether the partners have a long-term commitment to
the objectives of the project.
``(D) Whether the resources supporting the project are
shared among the partners.
``(E) Whether the project has been subjected to adequate
peer review.
``(3) To assess whether there is a need for a facility (or
facilities) to provide national centralization of oceanographic
data, and to establish such a facility or facilities if determined
necessary. In conducting the assessment, the Council shall review,
at a minimum, the following:
``(A) The need for a national oceanographic data center.
``(B) The need for a national coastal data center.
``(C) Accessibility by potential users of such centers.
``(D) Preexisting facilities and expertise.
``(f) 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, together with a list of the members of the Ocean
Research Advisory Panel 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, United States
Code, 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.
``(g) Partnership Program Office.--(1) The Council shall establish
a partnership program office for the National Oceanographic Partnership
Program. The Council shall use competitive procedures in selecting an
operator for the partnership program office.
``(2) The Council shall assign the following duties to the
partnership program office:
``(A) To establish and oversee working groups to propose
partnership projects to the Council and advise the Council on such
projects.
``(B) To manage the process for proposing partnership projects
to the Council, including managing peer review of such projects.
``(C) To submit to the Council an annual report on the status
of all partnership projects and activities of the office.
``(D) Any additional duties for the administration of the
National Oceanographic Partnership Program that the Council
considers appropriate.
``(3) The Council shall supervise the performance of duties by the
partnership program office.
``(h) Contract and Grant Authority.--The Council may authorize one
or more of the departments or agencies represented on the Council to
enter into contracts and make grants, using funds appropriated pursuant
to an authorization of appropriations for the National Oceanographic
Partnership Program, for the purpose of implementing the program and
carrying out the responsibilities of the Council.
``(i) Establishment and Forms of Partnership Projects.--(1) A
partnership project under the National Oceanographic Partnership
Program 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.
``(2) Projects under the program may include demonstration
projects.
``Sec. 7903. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall establish an Ocean Research
Advisory Panel consisting of not less than 10 and not more than 18
members appointed by the Council from among persons eminent in the
fields of marine science or marine policy, or related fields, and who
are representative, at a minimum, of the interests of government,
academia, and industry.
``(b) Responsibilities.--The Council shall assign to the Advisory
Panel responsibilities that the Council considers appropriate.''.
(2) The table of chapters at the beginning of subtitle C of title
10, United States Code, and the table of chapters 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 Secretary of the
Navy shall make the appointments required by section 7902(b) of title
10, United States Code, as added by subsection (a)(1), not later than
December 1, 1996.
(c) Initial Appointments of Advisory Panel Members.--The National
Ocean Research Leadership Council established by section 7902 of title
10, United States Code, as added by subsection (a)(1), shall make the
appointments required by section 7903 of such title not later than
January 1, 1997.
(d) First Annual Report of National Ocean Research Leadership
Council.--The first annual report required by section 7902(f) 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.
(e) Authorization.--(1) Of the amount authorized to be appropriated
to the Department of the Navy by section 201(2), $13,000,000 shall be
available for the National Oceanographic Partnership Program
established pursuant to section 7901 of title 10, United States Code,
as added by subsection (a)(1).
(2) Of the amount authorized to be appropriated to the Department
of the Navy by section 301(2), $7,500,000 shall be available for such
program.
(f) Funding for Program Office.--Of the amount appropriated for the
National Oceanographic Partnership Program for fiscal year 1997, at
least $500,000, or 3 percent of the amount appropriated, whichever is
greater, shall be available for operations of the partnership program
office established pursuant to section 7902(g) of title 10, United
States Code, as added by subsection (a)(1), for such fiscal year.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for Defense
Environmental Restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. 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. 329. Authority for agreements with Indian tribes for services under
environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and management of exchanges and
morale, welfare, and recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works, and utility services
from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
Government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to produce an approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 370. Administration of midshipmen's store and other Naval Academy
support activities as nonappropriated fund instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the Defense Language
Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at
Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
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, $18,264,406,000.
(2) For the Navy, $20,387,737,000.
(3) For the Marine Corps, $2,421,007,000.
(4) For the Air Force, $17,635,335,000.
(5) For Defense-wide activities, $9,912,962,000.
(6) For the Army Reserve, $1,136,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $113,367,000.
(9) For the Air Force Reserve, $1,499,553,000.
(10) For the Army National Guard, $2,277,477,000.
(11) For the Air National Guard, $2,711,173,000.
(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 Overseas Humanitarian, Disaster, and Civic Aid
programs, $54,544,000.
(19) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $796,524,000.
(20) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(21) For Medical Programs, Defense, $9,833,288,000.
(22) For Cooperative Threat Reduction programs, $364,900,000.
(23) For Domestic Emergency Assistance programs, $97,000,000.
(24) For OPLAN 34A-35 P.O.W. payments, $20,000,000.
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, $1,118,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1997
from the Armed Forces Retirement Home Trust Fund the sum of $57,300,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
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 CORPORATION.
(a) Funding.--Of the amount authorized to be appropriated pursuant
to section 301 for operation and maintenance, $14,526,000 shall be
available for the Civil Air Patrol Corporation.
(b) Amount for Certain Operations.--Of the amount made available to
the Civil Air Patrol Corporation pursuant to subsection (a), not less
than 25 percent of such amount shall be reserved to cover the costs of
search and rescue missions and disaster relief missions.
SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM
ACTIVITIES.
Of the amount authorized to be appropriated pursuant to section 301
for operation and maintenance, $14,000,000 shall be available to the
Secretary of Defense for activities designed to meet the antiterrorism
responsibilities of the Department of Defense, including activities
related to intelligence support, physical security measures, and
education and training regarding antiterrorism. The amount made
available by this section is in addition to amounts otherwise made
available by this Act for antiterrorism activities.
SEC. 307. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated pursuant to 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. 308. 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--Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
SEC. 312. TEST PROGRAMS FOR MODERNIZATION-THROUGH-SPARES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of the Army 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 the steps that the Secretary has
taken to ensure that each program included in the modernization-
through-spares program of the Army is conducted in accordance with--
(1) the competition requirements in section 2304 of title 10,
United States Code;
(2) the core logistics requirements in section 2464 of such
title;
(3) the public-private competition requirements in section 2469
of such title; and
(4) requirements relating to contract bundling and spare parts
breakout in subsections (a) and (l) of section 15 of the Small
Business Act (15 U.S.C. 644) and regulations implementing such
subsections in the Defense Federal Acquisition Regulation
Supplement.
Subtitle C--Environmental Provisions
SEC. 321. 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. 322. 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 `Environmental Restoration
Account, Defense'.
``(2) An account to be known as the `Environmental Restoration
Account, Army'.
``(3) An account to be known as the `Environmental Restoration
Account, Navy'.
``(4) An account to be known as the `Environmental Restoration
Account, Air Force'.
``(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, United States Code, 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) Credit of 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 Environmental Restoration Account, Defense, 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 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 established'' 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 Environmental Restoration Account, Defense, 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. 323. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER CERCLA.
(a) Authority.--The Secretary of Defense may pay the following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal Revenue
Code of 1986, in amounts, and using funds, as follows:
(A) Using funds authorized to be appropriated to the
Environmental Restoration Account, Army, established under
section 2703(a)(2) of title 10, United States Code (as amended
by section 322 of this Act)--
(i) not more than $34,000 assessed against Fort Riley,
Kansas, under CERCLA; and
(ii) not more than $37,500 assessed against Lake City
Army Ammunition Plant, Missouri, under CERCLA.
(B) Using funds authorized to be appropriated to the
Environmental Restoration Account, Navy, established under
section 2703(a)(3) of that title, as so amended, not more than
$30,000 assessed against the Naval Education and Training
Center, Newport, Rhode Island, under CERCLA.
(C) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established under
section 2703(a)(4) of that title, as so amended--
(i) not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts, under
CERCLA; and
(ii) not more than $10,000 assessed against F.E. Warren
Air Force Base, Wyoming, under CERCLA.
(2) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established under
section 2703(a)(4) of that title, as so amended, not more than
$500,000 to carry out one environmental restoration project, as
part of a negotiated agreement in lieu of stipulated penalties
assessed under CERCLA against the Massachusetts Military
Reservation, Massachusetts.
(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. 324. 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 out ``Not later than'' and
inserting in lieu thereof ``Except as provided in paragraphs (2)
and (3), not later than''; and
(2) by striking out paragraphs (2), (3), and (4) and inserting
in lieu thereof 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 in 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) 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) In this subsection, the terms ``Convention'' and ``ship'' have
the meanings given such terms 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 ship 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) of 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.
(5) The amount and nature of the discharges in special areas,
not otherwise authorized under the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.), during the preceding year from
ships referred to in section 3(b)(1)(A) of such Act owned or
operated by the Department of the Navy.
(d) Publication Regarding Special Area Discharges.--Subparagraph
(A) of section 3(e)(4) of the Act to Prevent Pollution from Ships (33
U.S.C. 1902(e)(4)) is amended to read as follows:
``(A) Each year, the amount and nature of the discharges in
special areas, not otherwise authorized under this Act, 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. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE PLANS FOR
DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Authority.--The Secretary of Defense may, to the extent
possible and practical, develop and implement, as part of the Defense
Environmental Restoration Program provided for in chapter 160 of title
10, United States Code, a land useplan for any defense site selected by
the Secretary under subsection (b).
(b) Selection of Sites.--The Secretary may select up to 10 defense
sites, from among sites where the Secretary is planning or implementing
environmental restoration activities, for which land use plans may be
developed under this section.
(c) Requirement To Consult With Review Committee or Advisory
Board.--In developing a land use plan under this section, the Secretary
shall consult with a technical review committee established pursuant to
section 2705(c) of title 10, United States Code, a restoration advisory
board established pursuant to section 2705(d) of such title, a local
land use redevelopment authority, or another appropriate State agency.
(d) 50-Year Planning Period.--A land use plan developed under this
section shall cover a period of at least 50 years.
(e) Implementation.--For each defense site for which the Secretary
develops a land use plan under this section, the Secretary shall take
into account the land use plan in selecting and implementing, in
accordance with applicable law, environmental restoration activities at
the site.
(f) Deadlines.--For each defense site for which the Secretary
intends to develop a land use plan under this section, the Secretary
shall develop a draft land use plan by October 1, 1997, and a final
land use plan by March 15, 1998.
(g) Definition of Defense Site.--For purposes of this section, the
term ``defense site'' means (A) any building, structure, installation,
equipment, pipe or pipeline (including any pipe into a sewer or
publicly owned treatment works), well, pit, pond, lagoon, impoundment,
ditch, landfill, storage container, motor vehicle, rolling stock, or
aircraft under the jurisdiction of the Department of Defense, or (B)
any site or area under the jurisdiction of the Department of Defense
where a hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located; but does not include any
consumer product in consumer use or any vessel.
(h) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary shall include information
on the land use plans developed under this section and the effect such
plans have had on environmental restoration activities at the defense
sites where they have been implemented. The annual report submitted in
1999 shall include recommendations on whether such land use plans
should be developed and implemented throughout the Department of
Defense.
(i) Savings Provisions.--(1) Nothing in this section, or in a land
use plan developed under this section with respect to a defense site,
shall be construed as requiring any modification to a land use plan
that was developed before the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect statutory
requirements for an environmental restoration or waste management
activity or project or to modify or otherwise affect applicable
statutory or regulatory environmental restoration and waste management
requirements, including substantive standards intended to protect
public health and the environment, nor shall anything in this section
be construed to preempt or impair any local land use planning or zoning
authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECHNOLOGY FOR LIMITING
AIR EMISSIONS DURING SHIPYARD BLASTING AND COATING OPERATIONS.
(a) Determination by Secretary of the Navy.--(1) The Secretary of
the Navy shall make a determination whether the alternative technology
described in paragraph (2) has the clear potential for significant
benefit to the Navy. The Secretary shall submit to Congress a
notification in writing of the determination not later than 60 days
after the date of the enactment of this Act.
(2) The technology referred to in paragraph (1) is an alternative
technology designed to capture and destroy or remove particulate
emissions and volatile air pollutants that occur during abrasive
blasting and coating operations at naval shipyards.
(b) Pilot Program.--If the determination made under subsection
(a)(1) is in the affirmative, the Secretary shall establish a pilot
program to test the alternative technology. In conducting the test, the
Secretary shall seek to demonstrate whether the technology is valid,
cost effective, and in compliance with environmental laws and
regulations.
(c) Report.--Upon completion of the test conducted under the pilot
program, 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 report setting forth in detail the results of the
test. The report shall include recommendations on whether the
alternative technology merits implementation at naval shipyards and
such other recommendations as the Secretary considers appropriate.
SEC. 327. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF
ENVIRONMENTAL TECHNOLOGY CERTIFICATION.
(a) Authority.--Subject to subsection (b), the Secretary of Defense
may enter into a cooperative agreement with an agency of a State or
local government to obtain assistance in certifying environmental
technologies.
(b) Limitations.--The Secretary of Defense may enter into a
cooperative agreement with respect to an environmental technology under
subsection (a) only if the Secretary determines--
(1) that the technology has clear potential to be of
significant value to the Department of Defense in carrying out its
environmental restoration activities; and
(2) that there is no reasonably available market in the private
sector for the technology without a certification by the Department
of Defense, the Environmental Protection Agency, or a State
environmental agency.
(c) Types of Assistance.-- The types of assistance that may be
obtained under subsection (a) include the following:
(1) Data collection and analysis.
(2) Technical assistance in conducting a demonstration of an
environmental technology, including the implementation of quality
assurance and quality control programs.
(d) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary of Defense shall include
the following information with respect to cooperative agreements
entered into under this section:
(1) The number of such agreements.
(2) The number of States in which such agreements have been
entered into.
(3) A description of the nature of the technology involved in
each such agreement.
(4) The amount of funds obligated or expended by the Department
of Defense for each such agreement during the year covered by the
report.
(e) Termination of Authority.--The authority provided under
subsection (a) shall terminate five years after the date of the
enactment of this Act.
SEC. 328. 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. 329. 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)).''.
SEC. 330. 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 out ``Not later than 18 months after the
enactment of the Superfund Amendments and Reauthorization Act of
1986, the Administrator'' and inserting in lieu thereof the
following:
``(1) In general.--The Administrator'';
(3) by moving the remainder of the text of paragraph (1), as
designated by paragraph (2) of this section (including
subparagraphs (A) and (B), as redesignated by paragraph (1) of this
section) 2 ems to the right; and
(4) by striking out ``Such criteria'' and all that follows
through the end of the subsection and inserting in lieu thereof 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.--It shall be an appropriate
factor to be taken into consideration for the purposes of
section 105(a)(8)(A) 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.
``(3) Completion.--Evaluation and listing under this subsection
shall be completed in accordance with a reasonable schedule
established by the Administrator.''.
SEC. 331. 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 out ``stored for one year or
more, known to have been released,'' and inserting in lieu thereof
``known to have been released''.
SEC. 332. CONSERVATION AND CULTURAL ACTIVITIES.
(a) In General.--(1) Chapter 159 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2694. Conservation and cultural activities
``(a) Establishment.--The Secretary of Defense may establish and
carry out a program to conduct and manage in a coordinated manner the
conservation and cultural activities described in subsection (b).
``(b) Activities.--(1) A conservation or cultural activity eligible
for the program that the Secretary establishes under subsection (a) is
any activity--
``(A) that has regional or Department of Defense-wide
significance and that involves more than one military department;
``(B) that is necessary to meet legal requirements or to
support military operations;
``(C) that can be more effectively managed at the Department of
Defense level; and
``(D) for which no executive ageny has been designated
responsible by the Secretary.
``(2) Such activities include the following:
``(A) The development of ecosystem-wide land management plans.
``(B) The conduct of wildlife studies to ensure the safety of
military operations.
``(C) The identification and return of Native American human
remains and cultural items in the possession or control of the
Department of Defense, or discovered on land under the jurisdiction
of the Department, to the appropriate Native American tribes.
``(D) The control of invasive species that may hinder military
activities or degrade military training ranges.
``(E) The establishment of a regional curation system for
artifacts found on military installations.
``(c) Cooperative Agreements.--The Secretary may negotiate and
enter into cooperative agreements with public and private agencies,
organizations, institutions, individuals, or other entities to carry
out the program established under subsection (a).
``(d) Effect on Other Laws.--Nothing in this section shall be
construed or interpreted as preempting any otherwise applicable
Federal, State, or local law or regulation relating to the management
of natural and cultural resources on military installations.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2694. Conservation and cultural activities.''.
(b) Effective Date.--Section 2694 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1996.
SEC. 333. NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF ORGANOTIN.
(a) Monitoring Requirement.--The Secretary of the Navy shall, in
consultation with the Administrator of the Environmental Protection
Agency, develop and implement a program to monitor the concentrations
of organotin in the water column, sediments, and aquatic organisms of
representative estuaries and near-coastal waters in the United States,
as described in section 7(a) of the Organotin Antifouling Paint Control
Act of 1988 (33 U.S.C. 2406(a)). The program shall be designed to
produce high-quality data to enable the Environmental Protection Agency
to develop water quality criteria concerning organotin compounds.
(b) Funding.--The Administrator of the Environmental Protection
Agency shall provide, in advance, such sums as are necessary to the
Secretary of the Navy for the costs of developing and implementing the
program under subsection (a).
(c) Written Agreement.--The Secretary of the Navy and the
Administrator of the Environmental Protection Agency shall enter into a
written agreement setting forth the actions that the Secretary plans to
take under subsection (a) and the funding that the Administrator agrees
to provide under subsection (b). If the Secretary determines that the
Administrator will not enter into such an agreement, the Secretary
shall notify the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate not
later than 30 days after such determination.
(d) Nonimpairment of Mission.--Compliance with subsection (a) shall
be conducted in such a manner so as not to impair the ability of the
Department of the Navy to meet its operational requirements.
(e) Report.--Not later than June 1, 1997, the Secretary of the Navy
shall submit to Congress a report containing the following:
(1) A description of the monitoring program developed pursuant
to subsection (a).
(2) An analysis of the results of the monitoring program as of
the date of the submission of the report.
(3) Information about the progress of Navy programs, referred
to in section 7(c) of the Organotin Antifouling Paint Control Act
of 1988 (33 U.S.C. 2406(c)), for evaluating the laboratory toxicity
and environmental risks associated with the use of antifouling
paints containing organotin.
(4) An assessment, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
effectiveness of existing laws and rules concerning organotin
compounds in ensuring protection of human health and the
environment.
(f) Sense of Congress.--(1) It is the sense of Congress that the
Administrator of the Environmental Protection Agency, in consultation
with the Secretary of the Navy, should develop, for purposes of the
national pollutant discharge elimination system, a model permit for the
discharge of organotin compounds at shipbuilding and ship repair
facilities.
(2) For purposes of this subsection, the term ``organotin'' has the
meaning provided in section 3 of the Organotin Antifouling Paint
Control Act of 1988 (33 U.S.C. 2402).
(g) Termination.--The program required by subsection (a) shall
terminate five years after the date of the enactment of this Act.
SEC. 334. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROPERTY
BEFORE COMPLETION OF REQUIRED RESPONSE 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 out ``After the last day'' and inserting in
lieu thereof 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 moving the remainder of the text of subparagraph (A), as
designated by paragraph (2) of this subsection (including the
clauses and subclauses redesignatedby paragraphs (1), (3), and (4)
of this subsection) 2 ems to the right;
(6) 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)'';
(7) in subparagraph (B), as designated by paragraph (5), by
striking ``subparagraph (B)'' each place it appears and inserting
``subparagraph (A)(ii)''; and
(8) by adding at the end the following:
``(C) Deferral.--
``(i) In general.--The Administrator, with the
concurrence of the Governor of the State in which the
facility is located (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 the property
is suitable for transfer, based on a finding that--
``(I) the property is suitable for transfer for the
use intended by the transferee, and the intended use is
consistent with protection of human health and the
environment;
``(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);
``(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 suitability of the property for transfer; and
``(IV) the deferral and the transfer of the
property will not substantially delay any necessary
response action at the property.
``(ii) Response 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 on the
use of the property to ensure the protection of human
health and the environment;
``(II) provide that there will be restrictions on
use necessary to ensure that required remedial
investigations, response action, and oversight
activities will not be disrupted;
``(III) provide that all necessary response action
will be taken and identify the schedules for
investigation and completion of all necessary response
action as approved by the appropriate regulatory
agency; 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 for investigation and completion of all
necessary response action, subject to congressional
authorizations and appropriations.
``(iii) Warranty.--When all response 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 response action has
been taken, 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
(including any rights or obligations under sections 106,
107, and 120 existing prior to transfer) 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''.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES TO PROVIDE OR OBTAIN GOODS
AND SERVICES TO PROMOTE EFFICIENT OPERATION AND MANAGEMENT OF
EXCHANGES AND MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Contracts To Promote Efficient Operation and Management.--(1)
Chapter 147 of title 10, United States Code, is amended by inserting
after section 2482 the following new section:
``Sec. 2482a. Nonappropriated fund instrumentalities: contracts with
other agencies and instrumentalities to provide and obtain goods
and services
``An agency or instrumentality of the Department of Defense that
supports the operation of the exchange system, or the operation of a
morale, welfare, and recreation system, of the Department of Defense
may enter into a contract or otheragreement with another element of the
Department of Defense or with another Federal department, agency, or
instrumentality to provide or obtain goods and services beneficial to
the efficient management and operation of the exchange system or that
morale, welfare, and recreation system.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2482 the
following new item:
``2482a. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain goods and
services.''.
(b) Conforming Amendment Regarding Commissary System.--Section
2482(b)(1) of such title is amended by striking out ``another
department'' and all that follows through ``provide services'' and
inserting in lieu thereof ``another element of the Department of
Defense or with another Federal department, agency, or instrumentality
to provide or obtain services''.
SEC. 342. 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 new subsection:
``(e) The Secretary of Defense may not use the exception provided
in section 2304(c)(5) of this title regarding 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 name by which the commercial item will be
sold in commissary stores.''.
(b) Effect on Existing Contracts or Other Agreements.--Section
2486(e) of title 10, United States Code, as added by subsection (a),
shall not affect the terms, conditions, or duration of any contract or
other agreement 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. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.
(a) In General.--(1) Chapter 147 of title 10, United States Code,
is amended by inserting after section 2489 the following new section:
``Sec. 2489a. Sale or rental of sexually explicit material pro- hibited
``(a) Prohibition of Sale or Rental.--The Secretary of Defense may
not permit the sale or rental of sexually explicit material on property
under the jurisdiction of the Department of Defense.
``(b) Prohibition of Officially Provided Sexually Explicit
Material.--A member of the armed forces or a civilian officer or
employee of the Department of Defense acting in an official capacity
may not provide for sale, remuneration, or rental sexually explicit
material to another person.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section.
``(d) Definitions.--In this section:
``(1) The term `sexually explicit material' means an audio
recording, a film or video recording, or a periodical with visual
depictions, produced in any medium, the dominant theme of which
depicts or describes nudity, including sexual or excretory
activities or organs, in a lascivious way.
``(2) The term `property under the jurisdiction of the
Department of Defense' includes commissaries, all facilities
operated by the Army and Air Force Exchange Service, the Navy
Exchange Service Command, the Navy Resale and Services Support
Office, Marine Corps exchanges, and ships' stores.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2489 the
following new item:
``2489a. Sale or rental of sexually explicit material prohibited.''.
(b) Effective Date.--Subsection (a) of section 2489a of title 10,
United States Code, as added by subsection (a) of this section, shall
take effect 90 days after the date of the enactment of this Act.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE PROCUREMENT OF
PRINTING AND DUPLICATION SERVICES.
(a) Extension.--Section 351(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
266) is amended by striking out ``fiscal year 1996'' and inserting in
lieu thereof ``fiscal years 1996 and 1997''.
(b) Reporting Requirements.--Such section is further amended by
adding at the end the following new subsection:
``(c) Reporting Requirements.--(1) Not later than 90 days after the
end of each fiscal year in which the requirement of subsection (a)
applies, the Secretary of Defense shall submit to Congress a report--
``(A) describing the extent of the compliance of the Secretary
with the requirement during that fiscal year;
``(B) specifying the total volume of printing and duplication
services procured by the Department of Defense during that fiscal
year--
``(i) from sources within the Department of Defense;
``(ii) from private-sector sources; and
``(iii) from other sources in the Federal Govern- ment; and
``(C) specifying the total volume of printed and duplicated
material during that fiscal year covered by the exception in
subsection (b).
``(2) The report required for fiscal year 1996 shall also include
the plans of the Secretary for further implementation of the
requirement of subsection (a) during fiscal year 1997.''.
SEC. 352. REPORTING REQUIREMENTS 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 ``of each of the years
1997 and 1998''.
Subtitle F--Other Matters
SEC. 361. AUTHORITY FOR USE OF APPROPRIATED FUNDS FOR RECRUITING
FUNCTIONS.
(a) Authority.--Chapter 31 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 520c. Recruiting functions: use of funds
``(a) Provision of 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 during recruiting functions
for the following persons:
``(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) Persons whose assistance in recruiting efforts of the
military departments is determined to be influential by the
Secretary concerned.
``(4) Members of the armed forces and Federal employees when
attending recruiting events in accordance with a requirement to do
so.
``(5) Other persons whose presence at recruiting efforts will
contribute to recruiting efforts.
``(b) Annual Report.--Not later than February 1 of each of the
years 1998 through 2002, 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.--The authority in subsection (a)
may not be exercised after September 30, 2001.''.
(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. Recruiting functions: use of funds.''.
SEC. 362. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT NON-
GOVERNMENT FACILITIES.
(a) Authority to Enter Into Agreements for Training at Non-
Government Facilities.--(1) Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2013. Training at non-Government facilities
``(a) Authority To Enter Into Agreements.--(1) The Secretary
concerned, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5), may make agreements or other arrangements for the training
of members of the uniformed services under the jurisdiction of that
Secretary by, in, or through non-Government facilities.
``(2) In this section, the term `non-Government facility' means any
of the following:
``(A) The government of a State or of a territory or possession
of the United States, including the Commonwealth of Puerto Rico, an
interstate governmental organization, and a unit, subdivision, or
instrumentality of any of the foregoing.
``(B) A foreign government or international organization, or
instrumentality of either, which is designated by the President as
eligible to provide training under this section.
``(C) A medical, scientific, technical, educational, research,
or professional institution, foundation, or organization.
``(D) A business, commercial, or industrial firm, corporation,
partnership, proprietorship, or other organization.
``(E) Individuals other than civilian or military personnel of
the Government.
``(F) The services and property of any of the foregoing
providing the training.
``(b) Expenses.--The Secretary concerned, from appropriations or
other funds available to the Secretary, may--
``(1) pay all or a part of the pay of a member of a uniformed
service who is selected and assigned for training under this
section, for the period of training; and
``(2) pay, or reimburse the member of a uniformed service for,
all or a part of the necessary expenses of the training (without
regard to subsections (a) and (b) of section 3324 of title 31),
including among those expenses the necessary costs of the
following:
``(A) Travel and per diem instead of subsistence under
sections 404 and 405 of title 37 and the Joint Travel
Regulations for the Uniformed Services.
``(B) Transportation of immediate family, household goods
and personal effects, packing, crating, temporarily storing,
draying, and unpacking under sections 406 and 409 of title 37
and the Joint Travel Regulations for the Uniformed Services
when the estimated costs of transportation and related services
are less than the estimated aggregate per diem payments for the
period of training.
``(C) Tuition and matriculation fees.
``(D) Library and laboratory services.
``(E) Purchase or rental of books, materials, and supplies.
``(F) Other services or facilities directly related to the
training of the member.
``(c) Certain Expenses Excluded.--The expenses of training do not
include membership fees except to the extent that the fee is a
necessary cost directly related to the training itself or that payment
of the fee is a condition precedent to undergoing the training.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2013. Training at non-Government facilities.''.
(b) Effective Date.--Section 2013 of title 10, United States Code, as
added by subsection (a), shall take effect on October 1, 1996.
SEC. 363. REQUIREMENT FOR PREPARATION OF PLAN FOR IMPROVED
OPERATION OF WORKING-CAPITAL FUNDS AND EFFECT OF FAILURE TO
PRODUCE AN APPROVED PLAN.
(a) Plan for Improved Operation of Working-Capital Funds.--Not
later than September 30, 1997, the Secretary of Defense shall submit to
Congress a plan to improve the management and performance of the
industrial, commercial, and support type activities of the military
departments or the Defense Agencies that are currently managed through
the Defense Business Operations Fund.
(b) Elements of Plan.--The plan required by subsection (a) shall
address the following issues:
(1) The ability of each military department or Defense Agency
to set working capital requirements and set charges at its own
industrial and supply activities.
(2) The desirability of separate business accounts for the
management of both industrial and supply activities for each
military department or Defense Agency.
(3) Liability for operation losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense by each military
department or Defense Agency of its fair share of the costs of
legitimate common business support services (such as accounting and
financial services and central logistics services) provided by the
Department of Defense.
(5) The role of the Department of Defense in setting charges or
imposing surcharges for activities managed by the business accounts
of a military department or Defense Agency (except for the common
business support cost described in paragraph (4)), and what such
charges should properly reflect.
(6) The appropriate use of operating profits arising from the
operations of the industrial and supply activities of a military
department or Defense Agency.
(7) The ability of a military department or Defense Agency to
purchase industrial and supply services from, and provide such
services to, other military departments or Defense Agencies.
(8) Standardization of financial management and accounting
practices employed by the business accounts of a military
department or Defense Agency.
(9) Reporting requirements related to actual and projected
performance of business management account activities of a military
department or Defense Agency.
(c) Effect of Failure to Submit or Approve of Plan.--(1) Unless,
before October 1, 1999, the Secretary of Defense submits the plan
required by subsection (a) and Congress enacts a provision of law
described in paragraph (2) that approves of the plan as submitted or in
an amended form, then section 2216a of title 10, United States Code,
regarding the Defense Business Operations Fund (as redesignated by
section 1074(a)(10) of this Act), shall be repealed effective as of
that date.
(2) The provision of law referred to in paragraph (1) is a
provision of law that--
(A) is enacted after the submission of the plan required by
subsection (a);
(B) specifically refers to the plan and this section; and
(C) specifically states that the plan required by subsection
(a) is approved as submitted or with such amendments as may be
contained in such law.
(d) Basis for Charges for Goods And Services; Comptroller General
Review.--(1) In the development of the proposed budget for the Defense
Business Operations Fund for a fiscal year, the Secretary of Defense
shall ensure that accurate and realistic pricing and quantity estimates
are used regarding the goods and services to be provided by working-
capital funds and industrial, commercial, and support type activities
managed through the Fund.
(2) The Secretary of Defense shall make available to the
Comptroller General information used to establish the charges for goods
and services to be provided by working-capital funds and industrial,
commercial, and support type activities managed through the Fund. The
Comptroller General shall conduct an annual review of the adequacy of
the basis for the charges. Not later than 30 days after the date on
which the Secretary submits the annual report and proposed budget for
the Fund under subsection (h) of section 2216a of title 10, United
States Code, as redesignated by section 1074(a)(10) of this Act, the
Comptroller General shall submit to Congress a report containing the
results of the review.
SEC. 364. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216a of title 10, United States Code, as redesignated by
section 1074(a)(10) of this Act, is amended in subsection (i)(1) by
striking out ``$50,000'' and inserting in lieu thereof ``$100,000''.
SEC. 365. EXPANSION OF AUTHORITY TO DONATE UNUSABLE FOOD.
(a) Authority for Donations From Defense Agencies.--Section 2485 of
title 10, United States Code, is amended by striking out ``Secretary of
a military department'' in subsections (a) and (b) and inserting in
lieu thereof ``Secretary of Defense''.
(b) Expansion of Eligible Recipients.--Such section is further
amended--
(1) in subsection (a), by striking out ``authorized charitable
nonprofit food banks'' and inserting in lieu thereof ``entities
specified under subsection (d)''; and
(2) in subsection (d), by striking out ``may only be made'' and
all that follows and inserting in lieu thereof thefollowing: ``may
only be made to an entity that is one of the following:
``(1) A charitable nonprofit food bank that is designated by
the Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(2) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human Services
as authorized to receive such donations.
``(3) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
``(4) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.''.
(c) Clarification of Food That May Be Donated.--Subsection (b) of
such section is further amended by inserting ``rations known as
humanitarian daily rations (HDRs),'' after ``(MREs),''.
SEC. 366. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION OF THE
PRESIDENT.
(a) In General.--Section 2543 of title 10, United States Code, is
amended to read as follows:
``Sec. 2543. Equipment and services: Presidential inaugural ceremonies
``(a) Assistance Authorized.--The Secretary of Defense may, with
respect to the ceremonies relating to the inaugu- ration of a
President, provide the assistance referred to in subsection (b) to--
``(1) the Presidential Inaugural Committee; and
``(2) the congressional Joint Inaugural Committee.
``(b) Assistance.--Assistance that may be provided under subsection
(a) is the following:
``(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) The Presidential Inaugural Committee
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.--With respect to property loaned for a
presidential inauguration under subsection (b)(3), the Presidential
Inaugural Committee shall--
``(1) return that property within nine days after the date of
the ceremony inaugurating the President;
``(2) give good and sufficient bond for the return in good
order and condition of that property;
``(3) indemnify the United States for any loss of, or damage
to, that property; and
``(4) defray any expense incurred for the delivery, return,
rehabilitation, replacement, or operation of that property.
``(e) Definitions.--In this section:
``(1) The term `Presidential Inaugural Committee' means the
committee referred to in subsection (b)(2) of the first section of
the Presidential Inaugural Ceremonies Act (36 U.S.C. 721) that is
appointed with respect to the inauguration of a President-elect and
Vice President-elect.
``(2) The term `congressional Joint Inaugural Committee' means
the joint committee of the Senate and House of Representatives
referred to in the proviso in section 9 of the Presidential
Inaugural Ceremonies Act (36 U.S.C. 729) that is appointed with
respect to the inauguration of a President-elect and Vice
President-elect.''.
(b) Clerical Amendment.--The item relating to section 2543 in the
table of sections at the beginning of chapter 152 of such title is
amended to read as follows:
``2543. Equipment and services: Presidential inaugural ceremonies.''.
SEC. 367. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS.
(a) Authority To Provide Support.--Subchapter II of chapter 152 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2554. Provision of support for certain 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 of Defense 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 this title 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 of Defense 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 of Defense provides assistance
under this section, the Secretary shall submit to Congress 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
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2554. Provision of support for certain sporting events.''.
SEC. 368. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) Storage Authorized.--(1) Section 2634 of title 10, United
States Code, is amended--
(A) by redesignating subsection (b) as subsection (g);
(B) by transferring subsection (g), as so redesignated, to the
end of such section; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) In lieu of transportation authorized by this section, if a
member is ordered to make a change of permanent station to a foreign
country and the laws, regulations, or other restrictions imposed by the
foreign country or the United States preclude entry of a motor vehicle
described in subsection (a) into that country, or would require
extensive modification of the vehicle as a condition to entry, the
member may elect to have the vehicle stored at the expense of the
United States at a location approved by the Secretary concerned.
``(2) If a member is transferred or assigned in connection with a
contingency operation to duty at a location other than the permanent
station of the member for a period of more than 30 consecutive days,
but the transfer or assignment is not considered a change of permanent
station, the member may elect to have a motor vehicle described in
subsection (a) stored at the expense of the United States at a location
approved by the Secretary concerned.
``(3) Authorized expenses under this subsection include costs
associated with the delivery of the motor vehicle for storage and
removal of the vehicle for delivery to a destination approved by the
Secretary concerned.''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 2634. Motor vehicles: transportation or storage for members on
change of permanent station or extended deployment''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 157 of title 10, United States Code, is
amended to read as follows:
``2634. Motor vehicles: transportation or storage for members on change
of permanent station or extended deployment.''.
(b) Conforming Amendment.--Subparagraph (B) of section 406(h)(1) 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, which is owned
or leased by the member (or a dependent of the member) and is for
the personal use of a dependent of the member, to that location by
means of transportation authorized under section 2634 of title 10
or authorize the storage of the motor vehicle pursuant to
subsection (b) of such section.''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 1997.
SEC. 369. SECURITY PROTECTIONS AT DEPARTMENT OF DEFENSE FACILITIES
IN NATIONAL CAPITAL REGION.
(a) Expansion of Authority.--Subsection (b) of section 2674 of
title 10, United States Code, is amended by striking out ``at the
Pentagon Reservation'' and inserting in lieu thereof ``in the National
Capital Region''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2674. Operation and control of Pentagon Reservation and defense
facilities in National Capital Region''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2674. Operation and control of Pentagon Reservation and defense
facilities in National Capital Region.''.
SEC. 370. ADMINISTRATION OF MIDSHIPMEN'S STORE AND OTHER NAVAL ACADEMY
SUPPORT ACTIVITIES AS NONAPPROPRIATED FUND
INSTRUMENTALITY.
(a) In General.--Section 6971 of title 10, United States Code, is
amended to read as follows:
``Sec. 6971. Midshipmen's store, trade shops, dairy, and laundry:
nonappropriated fund instrumentality and accounts
``(a) Operation as Nonappropriated Fund Instrumentality.--The
Superintendent of the Naval Academy shall operate the Naval Academy
activities referred to in subsection (b) as a nonappropriated fund
instrumentality under the jurisdiction of the Navy.
``(b) Covered Activities.--The nonappropriated fund instrumentality
required under subsection (a) shall consist of the following Naval
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) Nonappropriated Fund Accounts.--The Superintendent of the
Naval Academy shall administer a separate nonappropriated fund account
for each of the Naval Academy activities included in the
nonappropriated fund instrumentality required under subsection (a).
``(d) Crediting of Revenue.--The Superintendent shall credit all
revenue received from a Naval Academy activity referred to in
subsection (b) to the account administered with respect to that
activity under subsection (c), and amounts so credited shall be
available for operating expenses of that activity.
``(e) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of the Navy.''.
(b) Civil Service Employment Status of Employees of Covered
Activities.--Section 2105(b) of title 5, United States Code, is
amended--
(1) by inserting ``who is'' after ``An individual''; and
(2) by inserting ``and whose employment in such a position
began before October 1, 1996, and has been uninterrupted in such a
position since that date'' after ``Academy dairy,''.
(c) Conforming Repeal.--Section 6970 of title 10, United States
Code, is repealed.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 603 of title 10, United States Code, is amended by striking out
the items relating to sections 6970 and 6971 and inserting in lieu
thereof the following new item:
``6971. Midshipmen's store, trade shops, dairy, and laundry:
nonappropriated fund instrumentality and accounts.''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1996.
SEC. 371. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF CIVILIAN
STUDENTS AT FOREIGN LANGUAGE INSTITUTE OF THE DEFENSE LANGUAGE
INSTITUTE.
(a) Authority to Accept Reimbursement In Kind.--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--
(1) by 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) Reimbursement Options for Certain Instruction.--In the case
of instruction provided to students described in subsection (a)(1), the
Secretary may provide the instruction on a cost-reimbursable basis, a
reimbursement-in-kind basis, or a combination of both options.
Regardless of the reimbursement option, the value of the reimbursement
received under this subsection may not be less than the amount charged
for providing language instruction to Federal employees who are not
Department of Defense employees. The Secretary may not delegate the
authority to accept an offer for in-kind reimbursement below the level
of the Assistant Secretary of the Army.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)(1), by striking out ``cost-reimburs-
able,''; and
(2) in subsection (d), as redesignated by subsection (a)(1) of
this section, by striking out ``subsection (a)'' the first place it
appears and inserting in lieu thereof ``subsection (a) or (c)''.
SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
1997.--Of the amounts authorized to be appropriated in section 301(5)--
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification.--Not later than June 30, 1997, the Secretary of
Defense shall--
(1) notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 1997 of that
agency's eligibility for such assistance and the amount of such
assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible for
an educational agencies payment for fiscal year 1997 of that
agency's eligibility for such payment and the amount of the payment
for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under paragraphs (1) and (2) of subsection (a) not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20
U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means payments
authorized under section 386(d) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20
U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning given
that term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 373. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND ACCOUNTING
SERVICE CENTER, FORT BENJAMIN HARRISON, INDIANA.
(a) Transfer Authority.--To pay the costs of planning, design, and
renovation of Building One, Fort Benjamin Harrison, Indiana, for use as
a Defense Finance and Accounting Service Center, the Secretary of
Defense may transfer to the Administrator of General Services in the
manner provided in subsection (b) funds available to the Department of
Defense for the Defense Finance and Accounting Service for a fiscal
year for operation and maintenance.
(b) Authority Subject to Authorizations and Appropriations.--To the
extent provided in appropriations Acts--
(1) of funds described in subsection (a) and appropriated for
fiscal year 1997, $9,000,000 may be transferred under such
subsection; and
(2) of funds described in subsection (a) and appropriated for
fiscal years 1998, 1999, 2000, and 2001, funds may be transferred
under such subsection in such amounts as are authorized to be
transferred in an Act enacted after the date of the enactment of
this Act.
(c) Authority Subject To Agreement Between Department of Defense
and General Services Administration.--The transfer authority provided
in subsection (a) shall not take effect until the date on which the
Secretary of Defense and the Administrator of General Services enter
into an agreement that provides for the Department of Defense to
receive a full reimbursement for the funds transferred under such
subsection. Such reimbursement may include reimbursement in the form of
reduced or static rental rates for Building One.
SEC. 374. FOOD DONATION PILOT PROGRAM AT 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 such 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
such 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.--For purposes of 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. 375. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN
SERVICES AT LINCOLN MUNICIPAL AIRPORT, LINCOLN, NEBRASKA.
(a) Authority.--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
agrees--
(1) to reimburse the Nebraska Air National Guard for the cost
of the services provided; and
(2) to hold harmless and indemnify the United States, except in
cases of willful misconduct or gross negligence, from any claim for
damages or injury to any person or property arising out of the
provision of, or the failure to provide, such services.
(c) Effect on Military Preparedness.--Services may only be provided
under subsection (a) to the extent that the provision of such services
does not adversely affect the military preparedness of the Armed
Forces.
SEC. 376. TECHNICAL AMENDMENT REGARDING IMPACT AID PROGRAM.
Paragraph (3) of section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended by striking out
``2,000 and such number equals or exceeds 15'' and inserting in lieu
thereof ``1,000 or such number equals or exceeds 10''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel and navy grades of
lieutenant commander, commander, and captain.
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. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
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.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL
CONTINGENCIES.
(a) Requirement To Budget for and Maintain Statutory End Strength
Levels.--Section 691 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) The budget for the Department of Defense for any fiscal year
as submitted to Congress shall include amounts for funding for each of
the armed forces (other than the Coast Guard) at least in the amounts
necessary to maintain the active duty end strengths prescribed in
subsection (b), as in effect at the time that such budget is submitted.
``(d) No funds appropriated to the Department of Defense may be
used to implement a reduction of the active duty end strength for any
of the armed forces (other than the Coast Guard) for any fiscal year
below the level specified in subsection (b) unless the reduction in end
strength for that armed force for that fiscal year is specifically
authorized by law.''.
(b) Temporary Flexibility Relating to Permanent End Strength
Levels.--Subsection (e) of such section, as redesignated by subsection
(a)(1), is amended by striking out ``not more than 0.5 percent'' and
inserting in lieu thereof ``not more than 1 percent''.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS ON ACTIVE
DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL AND NAVY
GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.
(a) Revision in Army, Air Force, and Marine Corps Limitations.--The
table in paragraph (1) of section 523(a) of title 10, United States
Code, is amended to read as follows:
---------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in the grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
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) Revision in Navy Limitations.--The table in paragraph (2) of
such section is amended to read as follows:
---------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
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.
(a) Service Secretary Recommendation Required.--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''.
(b) Grade Relief When Recommendation Made.--Section 525(b)(5)(C) of
such title 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, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,178.
(6) The Air Force Reserve, 73,311.
(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, 11,729.
(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. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) Authorization for Fiscal Year 1997.--The minimum number of
military technicians as of the last day of fiscal year 1997 for the
reserve components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United States, 25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 23,299.
(b) Information To Be Provided With Future Authorization
Requests.--Section 10216 of title 10, 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) Information Required To Be Submitted With Annual End Strength
Authorization Request.--(1) The Secretary of Defense shall include as
part of the budget justification documents submitted to Congress with
the budget of the Department of Defense for any fiscal year the
following information with respect to the end strengths for military
technicians requested in that budget pursuant to section 115(g) of this
title, shown separately for each of the Army and Air Force reserve
components:
``(A) The number of dual-status technicians in the high
priority units and organizations specified in subsection (a)(1).
``(B) The number of technicians other than dual-status
technicians in the high priority units and organizations specified
in subsection (a)(1).
``(C) The number of dual-status technicians in other than high
priority units and organizations specified in subsection (a)(1).
``(D) The number of technicians other than dual-status
technicians in other than high priority units and organizations
specified in subsection (a)(1).
``(2)(A) If the budget submitted to Congress for any fiscal year
requests authorization for that fiscal year under section 115(g) of
this title of a military technician end strength for a reserve
component of the Army or Air Force in a number that constitutes a
reduction from the end strength minimum established by law for that
reserve component for the fiscal year during which the budget is
submitted, the Secretary of Defense shall submit to the congressional
defense committees with that budget a justification providing the basis
for that requested reduction in technician end strength.
``(B) Any justification submitted under subparagraph (A) shall
clearly delineate--
``(i) in the case of a reduction that includes a reduction in
technicians described in subparagraph (A) or (C) of paragraph (1),
the specific force structure reductions forming the basis for such
requested technician reduction (andthe numbers related to those
force structure reductions); and
``(ii) in the case of a reduction that includes reductions in
technicians described in subparagraphs (B) or (D) of paragraph (1),
the specific force structure reductions, Department of Defense
civilian personnel reductions, or other reasons forming the basis
for such requested technician reduction (and the numbers related to
those reductions).''.
(c) Technical Amendments.--Such section is further amended--
(1) in subsection (a), by striking out ``section 115'' and
inserting in lieu thereof ``section 115(g)''; and
(2) in subsection (c), as redesignated by subsection (b)(1), by
striking out ``after the date of the enactment of this section''
both places it appears and inserting in lieu thereof ``after
February 10, 1996,''.
SEC. 414. ASSURANCE OF CONTINUED ASSIGNMENT OF MILITARY PERSONNEL
TO SERVE IN SELECTIVE SERVICE SYSTEM.
(a) Number of Military Personnel To Be Assigned.--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 new
subsection:
``(e) The total number of armed forces personnel assigned to the
Selective Service System under subsection (b)(2) at any time may not be
less than the number of such personnel determined by the Director of
Selective Service to be necessary, but not to exceed 745 persons,
except that the President may assign additional armed forces personnel
to the Selective Service System during a time of war or a national
emergency declared by Congress or the President.''.
(b) Stylistic Amendments.--Subsection (b) of such section is
amended--
(1) by striking out ``authorized--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``authorized to
undertake the following:'';
(2) by striking out ``to'' at the beginning of paragraphs (1)
through (7) and inserting in lieu thereof ``To'';
(3) by striking out ``subject'' at the beginning of paragraphs
(8), (9), and (10) and inserting in lieu thereof ``Subject''; and
(4) by striking out the semicolon at the end of paragraphs (1)
through (9) and inserting in lieu thereof a period.
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
$70,056,130,000. 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. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. 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. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements
to Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members
of National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative reduction in enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for
mobilized Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps and the
service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy graduates to be
assigned directly to Reserve duty upon graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act
as a military notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard
when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers or teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service
officers.
Subtitle A--Officer Personnel Policy
SEC. 501. GRADE OF CHIEF OF NAVAL RESEARCH.
(a) Rear Admiral (Upper Half).--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).''.
(b) Effective Date.--Paragraph (2) of section 5022(a) of title 10,
United States Code, as added by subsection (a), shall take effect upon
the occurrence of the first vacancy in the position of Chief of Naval
Research after the date of the enactment of this Act.
Sec. 502. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS AND AIR
FORCE NURSE CORPS.
(a) Army Nurse Corps.--(1) Subsection (b) of section 3069 of title
10, United States Code, is amended--
(A) in the first sentence, by striking out ``major'' and
inserting in lieu thereof ``lieutenant colonel'';
(B) 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
(C) in the last sentence, by inserting ``to the same position''
before the period at the end.
(2) Subsection (c) of such section is amended by striking out
``major'' in the first sentence and inserting in lieu thereof
``lieutenant colonel''.
(3) The heading of such section is amended to read as follows:
``Sec. 3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade
(b) Air Force Nurse Corps.--Chapter 807 of such title is amended by
inserting after section 8067 the following new section:
``Sec. 8069. 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.''.
(c) Clerical Amendments.--(1) The item relating to section 3069 in
the table of sections at the beginning of chapter 307 of such title is
amended to read as follows:
``3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade.''.
(2) The table of sections at the beginning of chapter 807 of such
title is amended by inserting after the item relating to section 8067
the following new item:
``8069. Air Force Nurse Corps: Chief and assistant chief; appointment;
grade.''.
Sec. 503. NAVY SPOT PROMOTION AUTHORITY FOR CERTAIN LIEUTENANTS WITH
CRITICAL SKILLS.
(a) Advice-and-Consent Appointments.--Subsection (a) of section
5721 of title 10, United States Code, is amended by striking out ``the
President alone'' and inserting in lieu thereof ``the President, by and
with the advice and consent of the Senate''.
(b) Repeal of Termination of Authority.--Such section is further
amended by striking out subsection (g).
(c) Clerical Amendment.--The caption for subsection (a) is amended
to read as follows: ``Promotion Authority for Certain Officers With
Critical Skills.--''.
SEC. 504. 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. 505. 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. 506. 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. 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.
SEC. 508. CONTINUATION ON ACTIVE STATUS FOR CERTAIN RESERVE
OFFICERS OF THE AIR FORCE.
(a) Authority.--Section 14507 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Temporary Authority To Retain Certain Officers Designated as
Judge Advocates.--(1) Notwithstanding the provisions of subsections (a)
and (b), the Secretary of the Air Force may retain on the reserve
active-status list any reserve officer of the Air Force who is
designated as a judge advocate and who obtained the first professional
degree in law while on an educational delay program subsequent to being
commissioned through the Reserve Officers' Training Corps.
``(2) No more than 50 officers may be retained on the reserve
active-status list under the authority of paragraph (1) at any time.
``(3) No officer may be retained on the reserve active-status list
under the authority of paragraph (1) for a period exceeding three years
from the date on which, but for that authority, that officer would have
been removed from the reserve active-status list under subsection (a)
or (b).
``(4) The authority of the Secretary of the Air Force under
paragraph (1) expires on September 30, 2003.''.
(b) Effective Date.--Subsection (c) of section 14507 of title 10,
United States Code, as added by subsection (a), shall take effect on
October 1, 1996.
SEC. 509. REPORTS ON RESPONSE TO RECOMMENDATIONS CONCERNING
IMPROVEMENTS TO DEPARTMENT OF DEFENSE JOINT MANPOWER PROCESS.
(a) Semiannual Report.--The Secretary of Defense shall submit to
Congress a semiannual report on the status of actions taken by the
Secretary to implement the recommendations made by the Department of
Defense Inspector General in the report of November 29, 1995, entitled
``Inspection of the Department of Defense Joint Manpower Process''
(Report No. 96-029). The first such report shall be submitted not later
than February 1, 1997. The requirement to submit such reports
terminates after the fourth such report is submitted.
(b) Additional Matter for First Report.--As part of the first
report under subsection (a), the Secretary shall include the following:
(1) The Secretary's assessment as to the need to establish a
joint, centralized permanent organization in the Department of
Defense to determine, validate, approve, and manage military and
civilian manpower requirements resources at joint organizations.
(2) The Secretary's assessment of the Department of Defense
timeline and plan to increase the capability of the joint
professional military education system (including the Armed Forces
Staff College) to overcome the capacity limitations cited in the
report referred to in subsection (a).
(3) The Secretary's plan and timeline to provide the necessary
training and education of reserve component officers.
(c) GAO Assessment.--The Comptroller General of the United States
shall assess the completeness and adequacy of the corrective actions
taken by the Secretary with respect to the matters covered in the
Inspector General report referred to in subsection (a). Not later than
one year after the date of the enactment of this Act, the Comptroller
General shall submit to Congress a report, based on the assessment
under this subsection, providing the Comptroller General's findings and
recommendations.
SEC. 510. FREQUENCY OF REPORTS TO CONGRESS ON JOINT OFFICER
MANAGEMENT POLICIES.
(a) Change from Semiannual to Annual Report.--Section 662(b) of
title 10, United States Code, is amended by striking out ``Report.--The
Secretary of Defense shall periodically (and not less often than every
six months) report to Congress on the promotion rates'' and inserting
in lieu thereof ``Annual Report.--Not later than January 1 of each
year, the Secretary of Defense shall submit to Congress a report on the
promotion rates during the preceding fiscal year''.
(b) Technical and Conforming Amendments.--Such section is further
amended--
(1) in the first sentence, by striking out ``clauses'' and
inserting in lieu thereof ``paragraphs''; and
(2) in the second sentence--
(A) by inserting ``for any fiscal year'' after ``such
objectives''; and
(B) by striking out ``periodic report required by this
subsection'' and inserting in lieu thereof ``report for that
fiscal year''.
Subtitle B--Enlisted Personnel Policy
SEC. 511. 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. 512. AUTHORITY TO EXTEND PERIOD FOR ENTRY ON ACTIVE DUTY 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 any person for up
to an additional 180 days if the Secretary determines that it is in the
best interests of the armed force of which that person is a member 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
(3) in paragraph (2), as so designated, by striking out ``the
preceding sentence'' and inserting in lieu thereof ``paragraph
(1)''.
Subtitle C--Activation and Recall
SEC. 521. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY.
(a) Revision and Recodification of Authorities Relating to Retired
Members Ordered to Active Duty.--Chapter 39 of title 10, United States
Code, is amended by striking out section 688 and inserting in lieu
thereof the following:
``Sec. 688. Retired members: authority to order to active duty; duties
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, a member described in subsection (b) may be ordered to active
duty by the Secretary of the military department concerned at any time.
``(b) Covered Members.--Except as provided in subsection (d),
subsection (a) applies to the following members of the armed forces:
``(1) A retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps.
``(2) A member of the Retired Reserve who was retired under
section 1293, 3911, 3914, 6323, 8911, or 8914 of this title.
``(3) A member of the Fleet Reserve or Fleet Marine Corps
Reserve.
``(c) Duties of Member Ordered to Active Duty.--The Secretary
concerned may, to the extent consistent with other provisions of law,
assign a member ordered to active duty under this section to such
duties as the Secretary considers necessary in the interests of
national defense.
``(d) Exclusion of Officers Retired on Selective Early Retirement
Basis.--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 section638 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.
``(e) Limitation of Period of Recall Service.--A member ordered to
active duty under subsection (a) may not serve on active duty pursuant
to orders under that subsection for more than 12 months within the 24
months following the first day of the active duty to which ordered
under that subsection.
``(f) Waiver for Periods of War or National Emergency.--Subsections
(d) and (e) do not apply in time of war or of national emergency
declared by Congress or the President.
``Sec. 689. Retired members: grade in which ordered to active duty and
upon release from active duty
``(a) General Rule for Grade in Which Ordered to Active Duty.--
Except as provided in subsections (b) and (c), a retired member ordered
to active duty under section 688 of this title shall be ordered to
active duty in the member's retired grade.
``(b) Members Retired in O-9 and O-10 Grades.--A retired member
ordered to active duty under section 688 of this title whose retired
grade is above the grade of major general or rear admiral shall be
ordered to active duty in the highest permanent grade held by such
member while serving on active duty.
``(c) Members Who Previously Served in Grade Higher Than Retired
Grade.--(1) A retired member ordered to active duty under section 688
of this title who has previously served on active duty satisfactorily,
as determined by the Secretary of the military department concerned, in
a grade higher than that member's retired grade may be ordered to
active duty in the highest grade in which the member had so served
satisfactorily, except that such a member may not be so ordered to
active duty in a grade above major general or rear admiral.
``(2) A retired member ordered to active duty in a grade that is
higher than the member's retired grade pursuant to subsection (a) shall
be treated for purposes of section 690 of this title as if the member
was promoted to that higher grade while on that tour of active duty.
``(3) If, upon being released from that tour of active duty, such a
retired member has served on active duty satisfactorily, as determined
by the Secretary concerned, for not less than a total of 36 months in a
grade that is a higher grade than the member's retired grade, the
member is entitled to placement on the retired list in that grade.
``(d) Grade Upon Release From Active Duty.--A member ordered to
active duty under section 688 of this title who, while on active duty,
is promoted to a grade that is higher than that member's retired grade
is entitled, upon that member's release from that tour of active duty,
to placement on the retired list in the highest grade in which the
member served on active duty satisfactorily, as determined by the
Secretary of the military department concerned, for not less than six
months.
``Sec. 690. Retired members ordered to active duty: limitation on
number
``(a) General and Flag Officers.--Not more than 15 retired general
officers of the Army, Air Force, or Marine Corps, and not more than 15
retired flag officers of the Navy, may be on active duty at any one
time. For the purposes of this subsection a retired officer ordered to
active duty for a period of 60 days or less is not counted.
``(b) Limitation by Service.--(1) 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 section 688 of this title.
``(2) In the administration of paragraph (1), the following
officers shall not be counted:
``(A) A chaplain who is assigned to duty as a chaplain for the
period of active duty to which ordered.
``(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which ordered.
``(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.
``(c) Waiver for Periods of War or National Emergency.--Subsection
(a) does not apply in time of war or of national emergency declared by
Congress or the President after November 30, 1980. Subsection (b) does
not apply in time of war or of national emergency declared by Congress
or the President.''.
(b) Effective Date.--The amendments made by this section shall take
effect on September 30, 1997.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking out the item relating to section
688 and inserting in lieu thereof the following:
``688. Retired members: authority to order to active duty; duties.
``689. Retired members: grade in which ordered to active duty and upon
release from active duty.
``690. Retired members ordered to active duty: limitation on number.''.
(d) Cross Reference Amendment.--Section 6151(a) of title 10, United
States Code, is amended by striking out ``688'' and inserting in lieu
thereof ``689''.
SEC. 522. 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. 523. LIMITATION OF REQUIREMENT FOR PHYSICAL EXAMINATIONS OF
MEMBERS OF NATIONAL GUARD CALLED INTO FEDERAL SERVICE.
Section 12408(a) of title 10, United States Code, is amended by
inserting ``under section 12301(a), 12302, or 12304 of this title''
after ``called into Federal service''.
Subtitle D--Reserve Component Retirement
SEC. 531. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY
TRAINING CREDITABLE TOWARD RESERVE RETIREMENT.
(a) Increase in Limit.--Section 12733(3) is amended by inserting
before the period at the end the following: ``of service before the
year of service in which the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1997 occurs and not more than
75 days in any subsequent year of service''.
(b) Tracking System for Award of Retirement Points.--To better
enable the Secretary of Defense and Congress to assess the cost and the
effect on readiness of the amendment made by subsection (a) and of
other potential changes to the Reserve retirement system under chapter
1223 of title 10, United States Code, the Secretary of Defense shall
require the Secretary of each military department to implement a system
to monitor the award of retirement points for purposes of that chapter
by categories in accordance with the recommendation set forth in the
August 1988 report of the Sixth Quadrennial Review of Military
Compensation.
(c) Recommendations to Congress.--The Secretary shall submit to
Congress, not later than one year after the date of the enactment of
this Act, the recommendations of the Secretary with regard to the
adoption of the following Reserve retirement initiatives recommended in
the August 1988 report of the Sixth Quadrennial Review of Military
Compensation:
(1) Elimination of membership points under subparagraph (C) of
section 12732(a)(2) of title 10, United States Code, in conjunction
with a decrease from 50 to 35 in the number of points required for
a satisfactory year under that section.
(2) Limitation to 60 in any year on the number of points that
may be credited under subparagraph (B) of section 12732(a)(2) of
such title at two points per day.
(3) Limitation to 360 in any year on the total number of
retirement points countable for purposes of section 12733 of such
title.
SEC. 532. RETIREMENT OF RESERVE ENLISTED MEMBERS WHO QUALIFY FOR
ACTIVE DUTY RETIREMENT AFTER ADMINISTRATIVE REDUCTION IN ENLISTED
GRADE.
(a) Army.--(1) Chapter 369 of title 10, United States Code, is
amended by inserting after section 3962 the following new section:
``Sec. 3963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the member's
misconduct
``(a) A Reserve enlisted member of the Army described in subsection
(b) who is retired under section 3914 of this title shall be retired in
the highest enlisted grade in which the member served on active duty
satisfactorily (or, in the case of a member of the National Guard, in
which the member served on full-time National Guard duty
satisfactorily), as determined by the Secretary of the Army.
``(b) This section applies to a Reserve enlisted member who--
``(1) at the time of retirement is serving on active duty (or,
in the case of a member of the National Guard, on full-time
National Guard duty) in a grade lower than the highest enlisted
grade held by the member while on active duty (or full-time
National Guard duty); and
``(2) was previously administratively reduced in grade not as a
result of the member's own misconduct, as determined by the
Secretary of the Army.
``(c) This section applies with respect to Reserve enlisted members
who are retired under section 3914 of this title after September 30,
1996.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3962 the
following new item:
``3963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's misconduct.''.
(b) Navy and Marine Corps.--(1) Chapter 571 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 6336. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the member's
misconduct
``(a) A member of the Naval Reserve or Marine Corps Reserve
described in subsection (b) who is transferred to the Fleet Reserve or
the Fleet Marine Corps Reserve under section 6330 of this title shall
be transferred in the highest enlisted grade in which the member served
on active duty satisfactorily, as determined by the Secretary of the
Navy.
``(b) This section applies to a Reserve enlisted member who--
``(1) at the time of transfer to the Fleet Reserve or Fleet
Marine Corps Reserve is serving on active duty in a grade lower
than the highest enlisted grade held by the member while on active
duty; and
``(2) was previously administratively reduced in grade not as a
result of the member's own misconduct, as determined by the
Secretary of the Navy.
``(c) This section applies with respect to enlisted members of the
Naval Reserve and Marine Corps Reserve who are transferred to the Fleet
Reserve or the Fleet Marine Corps Reserve after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6336. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's misconduct.''.
(c) Air Force.--(1) Chapter 869 of title 10, United States Code, is
amended by inserting after section 8962 the following new section:
``Sec. 8963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the member's
misconduct
``(a) A Reserve enlisted member of the Air Force described in
subsection (b) who is retired under section 8914 of this title shall be
retired in the highest enlisted grade in which the member served on
active duty satisfactorily (or, in the case of a member of the National
Guard, in which the member served on full-time National Guard duty
satisfactorily), as determined by the Secretary of the Air Force.
``(b) This section applies to a Reserve enlisted member who--
``(1) at the time of retirement is serving on active duty (or,
in the case of a member of the National Guard, on full-time
National Guard duty) in a grade lower than the highest enlisted
grade held by the member while on active duty (or full-time
National Guard duty); and
``(2) was previously administratively reduced in grade not as a
result of the member's own misconduct, as determined by the
Secretary of the Air Force.
``(c) This section applies with respect to Reserve enlisted members
who are retired under section 8914 of this title after September 30,
1996.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 8962 the
following new item:
``8963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's misconduct.''.
(d) Computation of Retired and Retainer Pay Based Upon Retired
Grade.--(1) Section 3991 of such title is amended by adding at the end
the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members Covered by
Section 3963.--In the case of a Reserve enlisted member retired under
section 3914 of this title whose retired grade is determined under
section 3963 of this title and who first became a member of a uniformed
service before September 8, 1980, the retired pay base of the member
(notwithstanding section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined based upon
the rates of basic pay applicable on the date of the member's
retirement), and that amount shall be used for the purposes of
subsection (a)(1)(A) rather than the amount computed under section
1406(c) of this title.''.
(2) Section 6333 of such title is amended by adding at the end the
following new subsection:
``(c) In the case of a Reserve enlisted member whose grade upon
transfer to the Fleet Reserve or Fleet Marine Corps Reserve is
determined under section 6336 of this title and who first became a
member of a uniformed service before September 8, 1980, the retainer
pay base of the member (notwithstanding section 1406(a)(1) of this
title) is the amount of the monthly basic pay of the grade in which the
member is so transferred (determined based upon the rates of basic pay
applicable on the date of the member's transfer), and that amount shall
be used for the purposes of the table in subsection (a) rather than the
amount computed under section 1406(d) of this title.''.
(3) Section 8991 of such title is amended by adding at the end the
following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members Covered by
Section 8963.--In the case of a Reserve enlisted member retired under
section 8914 of this title whose retired grade is determined under
section 8963 of this title and who first became a member of a uniformed
service before September 8, 1980, the retired pay base of the member
(notwithstanding section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined based upon
the rates of basic pay applicable on the date of the member's
retirement), and that amount shall be used for the purposes of
subsection (a)(1)(A) rather than the amount computed under section
1406(e) of this title.''.
SEC. 533. 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:
``(b) Waiver.--With respect to a member of a reserve component who
is to be ordered to active duty (other than for training) under section
12301 of this title pursuant to an order to active duty that specifies
a period of less than 180 days and who (but for this subsection) would
be covered by subsection (a), the Secretary concerned may require, as a
condition of such order to active duty, that the member waive the
applicability of subsection (a) to the member for the period of active
duty covered by that order. In carrying out this subsection, the
Secretary concerned may require that a waiver under the preceding
sentence be executed before the period of active duty begins.''.
SEC. 534. ELIGIBILITY OF RESERVES FOR DISABILITY RETIREMENT.
Paragraph (2) of section 1204 of title 10, United States Code, is
amended to read as follows:
``(2) the disability is the proximate result of, or was
incurred in line of duty after the date of the enactment of this
Act as 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;''.
Subtitle E--Other Reserve Component Matters
SEC. 541. TRAINING FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Subsection (b) of section 12310 of title 10, United States Code, is
amended to read as follows:
``(b) A Reserve on active duty as described in subsection (a) may
be provided training consistent with training provided to other members
on active duty, as the Secretary concerned sees fit.''.
SEC. 542. ELIGIBILITY FOR ENROLLMENT IN READY RESERVE MOBILIZATION
INCOME INSURANCE PROGRAM.
Section 12524 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Members of Individual Ready Reserve.--Notwithstanding any
other provision of this section, and pursuant to regulations issued by
the Secretary, a member of the Individual Ready Reserve who becomes a
member of the Selected Reserve shall not be denied eligibility to
purchase insurance under this chapter upon becoming a member of the
Selected Reserve unless the member previously declined to enroll in the
program of insurance under this chapter while a member of the Selected
Reserve.''.
SEC. 543. RESERVE CREDIT FOR PARTICIPATION IN 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) Service Creditable for Certain Purposes.--(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 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. 544. 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 subpara- graph
(A);
(B) by designating the second sentence as subparagraph (B);
(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
personserved 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. 545. REPORT ON NUMBER OF ADVISERS IN ACTIVE COMPONENT SUPPORT
OF RESERVES PILOT PROGRAM.
(a) Report on Number of Active Component Advisers.--Not later than
six months 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 setting forth the Secretary's determination as
to the appropriate number of active component personnel to be assigned
to serve as advisers to reserve components under section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 12001 note). If the Secretary's determination is that such
number should be a number other than the required minimum number in
effect under subsection (c) of such section, the Secretary shall
include in the report an explanation providing the Secretary's
justification for the number recommended.
(b) Technical Amendment.--Section 414(a) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note)
is amended by striking out ``During fiscal years 1992 and 1993, the
Secretary of the Army shall institute'' and inserting in lieu thereof
``The Secretary of the Army shall carry out''.
SEC. 546. SENSE OF CONGRESS AND REPORT REGARDING REEMPLOYMENT
RIGHTS FOR MOBILIZED RESERVISTS EMPLOYED IN FOREIGN COUNTRIES.
(a) Sense of Congress.--Congress is concerned about the lack of
reemployment rights afforded Reserve component members who reside in
foreign countries and either work for United States companies that
maintain offices or operations in foreign countries or work for foreign
employers. Being outside the jurisdiction of the United States, these
employers are not subject to the provisions of chapter 43 of title 38,
United States Code, known as the Uniformed Services Employment and
Reemployment Rights Act (USERRA). The purpose of that Act is to provide
statutory employment protections that include reinstatement, seniority,
status, and rate of pay coverage for Reservists who are ordered to
active duty for a specified period of time, including involuntary
active duty in support of an operational contingency. While most
Reserve members are afforded the protections of that Act (which covers
reemployment rights in their civilian jobs upon completion of military
service), approximately 2,000 members of the Selected Reserve reside
outside the United States and its territories and, not being guaranteed
the job protection envisioned by the USERRA, are potentially subject to
reemployment problems after release from active duty. This situation
poses a continuing personnel management challenge for the reserve
components.
(b) Recognition of Problem.--Congress, while recognizing that
foreign governments and companies located abroad, not being within the
jurisdiction of the United States, cannot be required to comply with
the provisions of the Uniformed Services Employment and Reemployment
Rights Act, also recognizes that there is a need to provide assistance
to Reservists in the situation described in subsection (a), both in the
near term and the long term.
(c) Report Requirement.--Not later than April 1, 1997, 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 that sets forth recommended actions to help
alleviate reemployment problems for Reservists who are employed outside
the United States and its territories by United States companies that
maintain offices or operations in foreign countries or by foreign
employers. The report shall include recommendations on the assistance
and support that may be required by other organizations of the
Government, including the Defense Attache Offices, the Department of
Labor, and the Department of State. The report shall be prepared in
consultation with the Secretary of State and the Secretary of Labor.
SEC. 547. PAYMENT OF PREMIUMS UNDER MOBILIZATION INCOME INSURANCE
PROGRAM.
Section 12527(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``of the Selected Reserve''
after ``a member''; and
(2) by striking out paragraph (2) and inserting in lieu thereof
the following:
``(2) The Secretary of Defense, in consultation with the Secretary
of Transportation, shall prescribe regulations which specify the
procedures for payment of premiums by members of the Individual Ready
Reserve and other members who do not receive pay on a monthly basis.''.
Subtitle F--Officer Education Programs
SEC. 551. OVERSIGHT AND MANAGEMENT OF SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
(a) Enrollment Priority To Be Consistent With Purpose of Program.--
(1) Section 2103 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) An educational institution at which a unit of the program has
been established shall give priority for enrollment in the program to
students who are eligible for advanced training under section 2104 of
this title.''.
(2) Section 2109 of such title is amended by adding at the end the
following new subsection:
``(c)(1) A person who is not qualified for, and (as determined by
the Secretary concerned) will not be able to become qualified for,
advanced training by reason of one or more of the requirements
prescribed in paragraphs (1) through (3) of section 2104(b) of this
title shall not be permitted to participate in--
``(A) field training or a practice cruise under section
2106(b)(6) of this title; or
``(B) practical military training under subsection (a).
``(2) The Secretary of the military department concerned may waive
the limitation in paragraph (1) under procedures prescribed by the
Secretary. Such procedures shall ensure uniform application of
limitations and restrictions without regard to the reason for
disqualification for advanced training.''.
(b) Wear of the Military Uniform.--Section 772(h) of such title is
amended by inserting before the period at the end the following: ``if
the wear of such uniform is specifically authorized under regulations
prescribed by the Secretary of the military department concerned''.
SEC. 552. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET COMMAND
OR TERMINATION OF SENIOR ROTC UNITS PENDING REPORT ON ROTC.
(a) Prohibition.--(1) The Secretary of the Army may not reorganize
or restructure the Reserve Officers Training Corps Cadet Command, and
may not terminate any Senior Reserve Officer Training Corps unit
identified in the document referred to in paragraph (2), until 180 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 the report described in subsection (b).
(2) The document referred to in paragraph (1) is the Department of
Defense document dated May 20, 1996, entitled ``Information for Members
of Congress concerning Senior Reserve Officer Training Corps (ROTC)
Unit Closures''.
(b) Report Contents.--The report referred to in subsection (a) is a
report by the Secretary of the Army in which the Secretary--
(1) describes the selection process used to identify the
Reserve Officer Training Corps units of the Army to be terminated;
(2) lists the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) sets 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) sets forth the authorized and actual cadre staffing of each
such unit for each fiscal year of the 10-fiscal year period ending
with fiscal year 1996;
(5) sets forth the production goals and performance evaluations
of each such unit for each fiscal year of the 10-fiscal year period
ending with fiscal year 1996;
(6) describes how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the closure
of such units;
(7) describes the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the colleges on
the closure list;
(8) includes the projected officer accession plan by source of
commission for the active-duty Army, the Army Reserve, and the Army
National Guard; and
(9) describes whether the closure of any ROTC unit will
adversely affect the recruitment of minority officer candidates.
SEC. 553. PILOT PROGRAM TO TEST EXPANSION OF ROTC PROGRAM TO
INCLUDE GRADUATE STUDENTS.
(a) Test Program.--Section 2107(c) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) The Secretary of Defense shall authorize the Secretaries of
the military departments to carry out a test program to determine the
desirability of enabling graduate students to participate in the
financial assistance program under this section. As part of such test
program, the Secretary of a military department may provide financial
assistance, as described in paragraph (1), to a student enrolled in an
advanced education program beyond the baccalaureate degree level if the
student also is a cadet or midshipman in an advanced training program.
Not more than 15 percent of the total number of scholarships awarded
under this section in any year may be awarded under the test program.
No scholarship may be awarded under the test program after September
30, 1999.''.
(b) Authority To Enroll in Advanced Training Program.--Paragraph
(3) of section 2101 of title 10, United States Code, is amended by
inserting ``students enrolled in an advanced education program beyond
the baccalaureate degree level or to'' after `instruction offered in
the Senior Reserve Officers' Training Corps to''.
(c) Report to Congress.--Not later than December 31, 1998, the
Secretary of Defense shall submit to Congress areport on the experience
to that date under the test program authorized under the amendment made
by subsection (a)(2). The report shall include the Secretary's
assessment of the effect of the test program on the Senior ROTC program
and the Secretary's recommendation as to whether the authority under
the test program should be made permanent.
SEC. 554. DEMONSTRATION PROJECT FOR INSTRUCTION AND SUPPORT OF ARMY
ROTC UNITS BY MEMBERS OF THE ARMY RESERVE AND NATIONAL GUARD.
(a) Demonstration Project Required.--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 Senior 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 at least one institution of higher education.
(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 to Congress.--Not later than February 1 in each of 1998
and 1999, the Secretary shall submit to Congress a report assessing the
activities under the demonstration project during the preceding year.
The report submitted in 1999 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 three years after the date of the
enactment of this Act.
SEC. 555. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT AS A CADET OR
MIDSHIPMAN IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS AND THE
SERVICE ACADEMIES.
(a) Senior Reserve Officers' Training Corps.--Sections 2107(a) and
2107a(a) of title 10, United States Code, are amended--
(1) by striking out ``25 years of age'' and inserting in lieu
thereof ``27 years of age''; and
(2) by striking out ``29 years of age'' and inserting in lieu
thereof ``30 years of age''.
(b) United States Military Academy.--Section 4346(a) of such title
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 such title
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 such title
is amended by striking out ``twenty-second birthday'' and inserting in
lieu thereof ``twenty-third birthday''.
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION BENEFITS TO
INCLUDE CERTAIN RESERVE OFFICERS' TRAINING CORPS (ROTC)
PARTICIPANTS.
(a) Active Duty Service.--Section 3011(c) of title 38, United
States Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section if the
individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in such
program received more than $2,000 for each year of such
participation.''.
(b) Selected Reserve.--Section 3012(d) of title 38, United States
Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section if the
individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in such
program received more than $2,000 for each year of such
participation.''.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND POLICY
IMPLICATIONS OF PERMITTING UP TO FIVE PERCENT OF SERVICE ACADEMY
GRADUATES TO BE ASSIGNED DIRECTLY TO RESERVE DUTY UPON
GRADUATION.
(a) Report Required.--The Comptroller General of the United States
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
providing an analysis of the cost implications, and the policy
implications, of permitting up to five percent of each graduating class
of each of the service academies to be placed, upon graduation and
commissioning, in an active status in the appropriate reserve component
(without a minimum period of obligated active duty service), with
acorresponding increase in the number of ROTC graduates each year who
are permitted to serve on active duty upon commissioning.
(b) Information on Current Academy Graduates in Reserve
Components.--The Comptroller General shall include in the report
information (shown in the aggregate and separately for each of the
Armed Forces and for graduates of each service academy) on--
(1) the number of academy graduates who at the time of the
report are serving in an active status in a reserve component; and
(2) within the number under paragraph (1), the number for each
reserve component and, of those, the number within each reserve
component who are on active duty under section 12301(d) of title
10, United States Code, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components.
(c) Submission of Report.--The report shall be submitted not later
than six months after the date of the enactment of this Act.
(d) Service Academies.--For purposes of this section, the term
``service academies'' means--
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
Subtitle G--Decorations and Awards
SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN AFRICAN
AMERICAN SOLDIERS WHO SERVED DURING 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
the persons specified in subsection (b), each of whom has been found by
the Secretary of the Army to have 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) Persons Eligible To Receive the Medal of Honor.--The persons
referred to in subsection (a) are the following:
(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, Twelfth 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. 562. 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.
Travis C. Cork of Leesburg, Florida.
Herman C. Edwards of Johns Island, South Carolina.
Norman J. Ehr of Kiel, Wisconsin.
James M. Fitzgerald of Anchorage, Alaska.
Raymond C. Gordon of Sherborn, Massachusetts.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Stanley J. Ksiadz of Cheektowaga, New York.
Otis Lancaster of Wyoming, Michigan.
Robert W. Lorette of Wilton, New Hampshire.
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.
Pete G. Nicora of Warren, Ohio.
Stanley J. Orlowski of Jackson, Michigan.
Raymond A. Peischl of Allentown, Pennsylvania.
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.
Richard F. Shumaker of Hilliard, Ohio.
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.
(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:
Arthur C. Adair of Grants Pass, Oregon.
Robert B. Carnes of West Yarmouth, Massachusetts.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Ralph J. Deceuster of Dover, Ohio.
Albert P. Emsley of Bothell, Washington.
Urbain J. Fournier of Houma, Louisiana.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
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.
Shefield Phelps of Seattle, Washington.
John B. Tagliapiri of St. Helena, California.
Dewilles A.H.W. Schwartz of Watertown, South Dakota.
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.
David Mendoza of McAllen, Texas.
William A. Nickerson of Portland, Oregon.
Maurice F. Smith of Sequim, Washington.
(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:
Robert Bair of Ontario, California.
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Orville R. Swick of Issaquah, Washington.
(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. 563. REPLACEMENT OF CERTAIN AMERICAN THEATER CAMPAIGN RIBBONS.
(a) Replacement Ribbons.--The Secretary of the Army, pursuant to
section 3751 of title 10, United States Code, may replace any World War
II decoration known as the American Theater Campaign Ribbon that was
awarded to a person listed in the order described in subsection (b).
(b) Ribbons Properly Awarded.--Any person listed in the document
titled ``General Order Number 1'', issued by the Third Auxiliary
Surgical Group, APO 647, United States Army, dated February 1, 1943,
shall be considered to have been properly awarded the American Theater
Campaign Ribbon for service during World War II.
Subtitle H--Other Matters
SEC. 571. HATE CRIMES IN THE MILITARY.
(a) Human Relations Training.--(1) The Secretary of Defense shall
ensure that the Secretary of each military department conducts ongoing
programs for human relations training for all members of the Armed
Forces under the jurisdiction of the Secretary. Matters to be covered
by such training include race relations, equal opportunity, opposition
to gender discrimination, and sensitivity to ``hate group'' activity.
Such training shall be provided during basic training (or other initial
military training) and on a regular basis thereafter.
(2) The Secretary of Defense shall also ensure that unit commanders
are aware of their responsibilities in ensuring that impermissible
activity based upon discriminatory motives does not occur in units
under their command.
(b) Information To Be Provided to Prospective Recruits.--The
Secretary of Defense shall ensure that each individual preparing to
enter an officer accession program or to execute an original enlistment
agreement is provided information concerning the meaning of the oath of
office or oath of enlistment for service in the Armed Forces in terms
of the equal protection and civil liberties guarantees of the
Constitution, and each such individual shall be informed that if
supporting those guarantees is not possible personally for that
individual, then that individual should decline to enter the Armed
Forces.
(c) Annual Survey.--(1) Section 451 of title 10, United States
Code, is amended to read as follows:
``Sec. 451. Race relations, gender discrimination, and hate group
activity: annual survey and report
``(a) Annual Survey.--The Secretary of Defense shall carry out an
annual survey to measure the state of racial, ethnic, and gender issues
and discrimination among members of the Armed Forces serving on active
duty and the extent (if any) of activity among such members that may be
seen as so-called `hate group' activity. The survey shall solicit
information on therace relations and gender relations climate in the
Armed Forces, including--
``(1) indicators of positive and negative trends of relations
among all racial and ethnic groups and between the sexes;
``(2) the effectiveness of Department of Defense policies
designed to improve race, ethnic, and gender relations; and
``(3) the effectiveness of current processes for complaints on
and investigations into racial, ethnic, and gender discrimination.
``(b) Implementing Entity.--The Secretary shall carry out each
annual survey through the entity in the Department of Defense known as
the Armed Forces Survey on Race/Ethnic Issues.
``(c) Reports to Congress.--Upon completion of each annual survey
under subsection (a), the Secretary shall submit to Congress a report
containing the results of the survey.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 22 of such title is amended to read as
follows:
``451. Race relations, gender discrimination, and hate group activity:
annual survey and report.''.
SEC. 572. DISABILITY COVERAGE FOR MEMBERS GRANTED EXCESS LEAVE FOR
EDUCATIONAL OR EMERGENCY PURPOSES.
(a) Eligibility for Retirement.--Section 1201 of title 10, United
States Code, is amended--
(1) by striking out the matter preceding paragraph (1) and
inserting in lieu thereof the following:
``(a) Retirement.--Upon a determination by the Secretary concerned
that a member described in subsection (c) is unfit to perform the
duties of the member's office, grade, rank, or rating because of
physical disability incurred while entitled to basic pay or while
absent as described in subsection (c)(3), the Secretary may retire the
member, with retired pay computed under section 1401 of this title, if
the Secretary also makes the determinations with respect to the member
and that disability specified in subsection (b).
``(b) Required Determinations of Disability.--Determinations
referred to in subsection (a) are determinations by the Secretary
that--''; and
(2) by adding at the end the following:
``(c) Eligible Members.--This section and sections 1202 and 1203 of
this title apply 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) Any other member of the armed forces who is on active
duty but is not entitled to basic pay by reason of section 502(b)
of title 37 due to authorized absence (A) to participate in an
educational program, or (B) for an emergency purpose, as determined
by the Secretary concerned.''.
(b) Eligibility for Placement on Temporary Disability Retirement
List.--Section 1202 of title 10, United States Code, is amended by
striking out ``a member of a regular component'' and all that follows
through ``more than 30 days,'' and inserting in lieu thereof ``a member
described in section 1201(c) of this title''.
(c) Eligibility for Separation.--Section 1203 of title 10, United
States Code, is amended by striking out the matter preceding paragraph
(1) and inserting in lieu thereof the following:
``(a) Separation.--Upon a determination by the Secretary concerned
that a member described in section 1201(c) of this title is unfit to
perform the duties of the member's office, grade, rank, or rating
because of physical disability incurred while entitled to basic pay or
while absent as described in section 1201(c)(3) of this title, the
member may be separated from the member's armed force, with severance
pay computed under section 1212 of this title, if the Secretary also
makes the determinations with respect to the member and that disability
specified in subsection (b).
``(b) Required Determinations of Disability.--Determinations
referred to in subsection (a) are determinations by the Secretary
that--''.
(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. 573. CLARIFICATION OF AUTHORITY OF A RESERVE JUDGE ADVOCATE TO
ACT AS A MILITARY NOTARY PUBLIC WHEN NOT IN A DUTY STATUS.
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 training'' and inserting in lieu thereof
``, including reserve judge advocates when 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 reserve members when 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 reserve members
when not in a duty status,''.
SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE NATIONAL
GUARD WHEN NOT IN FEDERAL SERVICE.
(a) Establishment.--The Secretary of Defense shall establish a
panel to review the various authorities for court-martial and
nonjudicial punishment jurisdiction for the National Guard not in
Federal service and the use of those authorities.
(b) Membership.--The Secretary shall appoint the members of the
panel so as to ensure representation of the following:
(1) The State Adjutants General of the National Guard.
(2) The State Attorneys General.
(3) The Joint Service Committee on Military Justice of the
Department of Defense.
(c) Duties.--Matters reviewed by the panel shall include the
following:
(1) The extent of the use of court-martial and nonjudicial
punishment authority for the National Guard not in Federal service.
(2) The extent to which the authority used is--
(A) authority under title 32, United States Code; or
(B) authority under State law.
(d) Report.--(1) Not later than February 1, 1997, the panel shall
submit a report on the panel's findings and conclusions to the
Secretary of Defense.
(2) The report shall include recommended legislation for amending
title 32, United States Code--
(A) to increase the uniformity in State use of courts-martial
and nonjudicial punishment for the National Guard when not in
Federal service; and
(B) to achieve increased comparability between the court-
martial and nonjudicial punishment procedures that are applicable
to the National Guard not in Federal service and the court-martial
and nonjudicial punishment procedures that are applicable under the
Uniform Code of Military Justice to the National Guard in Federal
service.
(e) Submission of Report to Congress.--Not later than March 1,
1997, the Secretary of Defense shall submit to Congress the report of
the panel under subsection (d) together with the views of the Secretary
regarding the report and the matters covered in the report.
SEC. 575. 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)--
(A) by striking out the first sentence; and
(B) in the second sentence, by inserting ``authorized by
this subsection'' after ``expansion''.
SEC. 576. IMPROVEMENTS TO PROGRAM TO ASSIST SEPARATED MILITARY AND
CIVILIAN PERSONNEL TO OBTAIN EMPLOYMENT AS TEACHERS OR TEACHERS'
AIDES.
(a) Program for Separated Members.--(1) Section 1151 of title 10,
United States Code, is 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''.
(2) 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)''.
(3) 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) Separated Civilian Employees of the Department of Defense.--
Section 1598(d)(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) 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''.
(d) Savings Provision.--The amendments made by this section do not
affect obligations under agreements entered into in accordance with
section 1151, 1598, or 2410j of title 10, United States Code, before
the date of the enactment of this Act.
SEC. 577. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION WHEN
A PHYSICAL DISABILITY IS FOUND AT ANY PHYSICAL EXAMINATION.
Section 1372 of title 10, United States Code, is amended by
striking out ``his physical examination for promotion'' in paragraphs
(3) and (4) and inserting in lieu thereof ``a physical examination''.
SEC. 578. 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) in subsection (c)--
(i) by striking out ``applies in the case of'' and all that
follows through ``(1) Any member'' and inserting in lieu
thereof ``applies in the case of any member''; and
(ii) by striking out paragraph (2); 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 appointed 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 such title 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) Frequency of Subsequent Reviews.--Subsection (b) of section
1505 of such title 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.''.
(d) Repeal of Statutory Penalties for Wrongful Withholding of
Information.--Section 1506 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended by striking out paragraphs (3)
and (4).
(f) Scope of Preenactment Review.--(1) Section 1509 of such title
is amended--
(A) by striking out subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2)(A) The heading of such section is amended by striking out ``,
special interest''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 76 of such title is amended by striking out
``, special interest''.
Subtitle I--Commissioned Corps of the Public Health Service
SEC. 581. APPLICABILITY TO PUBLIC HEALTH SERVICE OF PROHIBITION ON
CREDITING CADET OR MIDSHIPMEN SERVICE AT THE SERVICE ACADEMIES.
(a) Prohibition on Counting Enlisted Service Performed While at
Service Academy.--Subsection (a) of section 971 of title 10, United
States Code, is amended by inserting before the period at the end the
following: ``or an officer in the Commissioned Corps of the Public
Health Service''.
(b) Prohibition on Counting Service as a Cadet or Midshipman.--
Subsection (b) of such section is amended to read as follows:
``(b) Prohibition on Counting Service as a Cadet or Midshipman.--In
computing length of service for any purpose, service as a cadet or
midshipman may not be credited to any of the following officers:
``(1) An officer of the Navy or Marine Corps.
``(2) A commissioned officer of the Army or Air Force.
``(3) An officer of the Coast Guard.
``(4) An officer in the commissioned corps of the Public Health
Service.''.
(c) Technical Amendments.--(1) Such section is further amended by
adding at the end the following new subsection:
``(c) Service as a Cadet or Midshipman Defined.--In this section,
the term `service as a cadet or midshipman' means--
``(1) service as a cadet at the United States Military Academy,
United States Air Force Academy, or United States Coast Guard
Academy; or
``(2) service as a midshipman at the United States Naval
Academy.''.
(2) Subsection (a) of such section is further amended--
(A) by inserting ``Prohibition on Counting Enlisted Service
Performed While at Service Academy or in Naval Reserve.--'' after
``(a)''; and
(B) by striking out ``while also serving'' and all that follows
through ``Naval Academy or'' and inserting in lieu thereof ``while
also performing service as a cadet or midshipman or serving as a
midshipman''.
(3) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 49 of such
title, are amended by striking out the seventh word.
SEC. 582. EXCEPTION TO STRENGTH 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) is
amended by adding at the end the following new subsection:
``(f) In computing the maximum number of commissioned officers of
the Public Health Service authorized by law or administrative
determination to serve on active duty, there may be excluded from such
computation officers who are assigned to duty in the Department of
Defense.''.
SEC. 583. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO PUBLIC HEALTH
SERVICE OFFICERS.
(a) Legal Assistance Available.--Subsection (a) of section 1044 of
title 10, United States Code, is amended by striking out paragraph (3)
and inserting in lieu thereof the following:
``(3) Officers of the commissioned corps of the Public Health
Service who are on active duty or entitled to retired or equivalent
pay.
``(4) Dependents of members and former members described in
paragraphs (1), (2), and (3).''.
(b) Limitation on Assistance.--Subsection (c) of such section is
amended--
(1) by striking out ``armed forces'' and inserting in lieu
thereof ``uniformed services described in subsection (a)''; and
(2) by inserting ``such'' after ``dependent of''.
(c) Clarifying Amendments.--Subsection (a) of such section is
further amended by striking out ``under his jurisdiction'' in
paragraphs (1) and (2).
(d) Stylistic Amendments.--Subsection (a) of such section is
further amended--
(1) in the matter preceding paragraph (1), by striking out
``to--'' and inserting in lieu thereof ``to the following
persons:'';
(2) by capitalizing the first letter of the first word of
paragraphs (1) and (2);
(3) by striking out the semicolon at the end of paragraph (1)
and inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraph (2) and
inserting in lieu thereof a period.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to
occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for Reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and
National Oceanic and Atmospheric Administration officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed 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. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay cost-of-living
increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from
certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
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 on 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 on January 1, 1997, the rates of
basic allowance for quarters of members of the uniformed services are
increased by 4.6 percent.
SEC. 602. ADJUSTMENT OF 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) Pay During Hospitalization.--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 noncommissioned officer of an armed force who is
hospitalized and who, during or immediately before such
hospitalization, completed service as the senior enlisted member of
that armed force, shall continue to be entitled, for not more than 180
days while so hospitalized, to the rate of basic pay authorized for the
senior enlisted member of that armed force.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 210. Pay of senior enlisted members 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 37, United States Code, is amended
to read as follows:
``210. Pay of senior enlisted members during terminal leave and while
hospitalized.''.
SEC. 604. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN
MEMBERS WITHOUT DEPENDENTS WHO SERVE ON SEA DUTY.
(a) Entitlement of Single Members Above Grade E-5.--Section
403(c)(2) of title 37, United States Code, is amended--
(1) by striking out ``A member'' in the first sentence and
inserting in lieu thereof ``(A) Except as provided in subparagraphs
(B) and (C), a member''; and
(2) by striking out the second sentence.
(b) Entitlement of Certain Single Members in Grade E-5.--Such
section is further amended by adding at the end the following new
subparagraph:
``(B) Under regulations prescribed by the Secretary concerned, the
Secretary may authorize the payment of a basic allowance for quarters
to a member of a uniformed service without dependents who is serving in
pay grade E-5 and is assigned to sea duty. In prescribing regulations
under this subparagraph, the Secretary concerned shall consider the
availability of quarters for members serving in pay grade E-5.''.
(c) Entitlement When Both Spouses in Grades Below Grade E-6 Are
Assigned to Sea Duty.--Such section is further amended by inserting
after subparagraph (B), as added by subsection (b), the following new
subparagraph:
``(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are married
to each other, have no other dependents, and are simultaneously
assigned to sea duty are jointly entitled to one basic allowance for
quarters during the period of such simultaneous sea duty. The amount of
the allowance shall be based on the without dependents rate for the pay
grade of the senior member of the couple. However, this subparagraph
shall not apply to a couple if one or both of the members are entitled
to a basic allowance for quarters under subparagraph (B).''.
(d) Conforming Amendment Regarding Variable Housing Allowance.--
Section 403a(b)(2)(C) of title 37, United States Code, is amended by
striking out ``E-6'' and inserting in lieu thereof ``E-4''.
(e) Effective Date.--The amendments made by this section shall take
effect on July 1, 1997.
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. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARIABLE
HOUSING ALLOWANCE FOR HIGH HOUSING COST AREAS.
(a) Minimum Monthly Amount of Allowance.--Subsection (c) of section
403a of title 37, United States Code, is amended by striking out
paragraph (1) and inserting in lieu thereof the following new
paragraph:
``(1) The monthly amount of a variable housing allowance under this
section for a member of a uniformed service with respect to an area is
equal to the greater of the following amounts:
``(A) An amount equal to the difference between--
``(i) the median monthly cost of housing in that area for
members of the uniformed services serving in the same pay grade
and with the same dependency status as that member; and
``(ii) 80 percent of the median monthly cost of housing in
the United States for members of the uniformed services serving
in the same pay grade and with the same dependency status as
that member.
``(B) An amount equal to the difference between--
``(i) the adequate housing allowance floor determined by
the Secretary of Defense for all members of the uniformed
services in that area entitled to a variable housing allowance
under this section; and
``(ii) the monthly basic allowance for quarters for members
of the uniformed services serving in the same pay grade and
with the same dependency status as that member.''.
(b) Adequate Housing Allowance Floor.--Such subsection is further
amended by adding at the end the following new paragraph:
``(7)(A) For purposes of paragraph (1)(B)(i), the Secretary of
Defense shall establish an adequate housing allowance floor for members
of the uniformed services in an area as a selected percentage, not to
exceed 85 percent, of the cost of adequate housing in that area based
on an index of housing costs selected by the Secretary of Defense from
among the following:
``(i) The fair market rentals established annually by the
Secretary of Housing and Urban Development under section 8(c)(1) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)).
``(ii) An index developed in the private sector that the
Secretary of Defense determines is comparable to the fair market
rentals referred to in clause (i) and is appropriate for use to
determine the adequate housing allowance floor.
``(B) The Secretary of Defense shall carry out this paragraph in
consultation with the Secretary of Transportation, the Secretary of
Commerce, and the Secretary of Health and Human Services.''.
(c) Effect on Total Amount Available for Allowance.--Subsection
(d)(3) of such section is amended in the second sentence by striking
out ``the second sentence of subsection (c)(3)'' and inserting in lieu
thereof ``paragraph (1)(B) of subsection (c) and the second sentence of
paragraph (3) of that subsection''.
(d) Conforming Amendments.--Subsection (c) of such section is
further amended--
(1) in paragraph (3), by striking out ``this subsection'' in
the first sentence and inserting in lieu thereof ``paragraph (1)(A)
or the minimum amount of a variable housing allowance under
paragraph (1)(B)''; and
(2) in paragraph (5), by inserting ``or minimum amount of a
variable housing allowance'' after ``costs of housing''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 1997, except that the Secretary of Defense may
delay implementation of the requirements imposed by the amendments to
such later date as the Secretary considers appropriate upon publication
of notice to that effect in the Federal Register.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPARATED BY
MILITARY ORDERS FROM SPOUSES WHO ARE MEMBERS.
(a) Additional Basis for Allowance.--Paragraph (1) of section
427(b) of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph (C)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(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.''.
(b) Conforming Amendment.--Such section is further amended by
adding at the end the following new paragraph:
``(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. 608. 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 new subsection:
``(e)(1) Upon the request of the Secretary concerned (as defined in
section 101 of title 37, United States Code), 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. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health Specialists.--
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 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. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES 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. ONE-YEAR EXTENSION OF AUTHORITIES 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. SPECIAL PAY FOR CERTAIN PUBLIC HEALTH SERVICE OFFICERS.
(a) 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''.
(b) Nonphysician Health Care Providers.--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. 615. SPECIAL INCENTIVES TO RECRUIT AND RETAIN DENTAL OFFICERS.
(a) Variable, Additional, and Board Certified Special Pays for
Active Duty Dental Officers.--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 striking out subparagraphs (A), (B),
and (C) and inserting in lieu thereof the following:
``(A) $4,000 per year, if the officer has less than three years
of creditable service.
``(B) $6,000 per year, if the officer has at least three but
less than 14 years of creditable service.
``(C) $8,000 per year, if the officer has at least 14 but less
than 18 years of creditable service.
``(D) $10,000 per year, if the officer has at least 18 or more
years of creditable service.''; and
(3) in paragraph (5), by striking out subparagraphs (A), (B),
and (C) and inserting in lieu thereof the following:
``(A) $2,500 per year, if the officer has less than 10 years of
creditable service.
``(B) $3,500 per year, if the officer has at least 10 but less
than 12 years of creditable service.
``(C) $4,000 per year, if the officer has at least 12 but less
than 14 years of creditable service.
``(D) $5,000 per year, if the officer has at least 14 but less
than 18 years of creditable service.
``(E) $6,000 per year, if the officer has 18 or more years of
creditable service.''.
(b) Reserve Dental Officers Special Pay.--Section 302b of title 37,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Reserve Dental Officers Special Pay.--(1) A reserve dental
officer described in paragraph (2) is entitled to special pay at the
rate of $350 a month for each month of active duty, including active
duty in the form of annual training, active duty for training, and
active duty for special work.
``(2) A reserve dental officer referred to in paragraph (1) is a
reserve officer who--
``(A) is an officer of the Dental Corps of the Army or the Navy
or an officer of the Air Force designated as a dental officer; and
``(B) is on active duty under a call or order to active duty
for a period of less than one year.''.
(c) Accession Bonus for Dental School Graduates Who Enter the Armed
Forces.--(1) Chapter 5 of title 37, United States Code, is amended by
inserting after section 302g the following new section:
``Sec. 302h. Special pay: accession bonus for dental officers
``(a) Accession Bonus Authorized.--(1) A person who is a graduate
of an accredited dental school and who, during the period beginning on
the date of the enactment of this section, and ending on September 30,
2002, executes a written agreement described in subsection (c) to
accept a commission as an officer of the armed forces and remain on
active duty for a period of not less than four years may, upon the
acceptance of the agreement by the Secretary concerned, be paid an
accession bonus in an amount determined by the Secretary concerned.
``(2) The amount of an accession bonus under paragraph (1) may not
exceed $30,000.
``(b) Limitation on Eligibility for Bonus.--A person may not be
paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from the
Department of Defense to pursue a course of study in dentistry; or
``(2) the Secretary concerned determines that the person is not
qualified to become and remain certified and licensed as a dentist.
``(c) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the armed service concerned,
the person executing the agreement will be assigned to duty, for the
period of obligated service covered by the agreement, as an officer of
the Dental Corps of the Army or the Navy or an officer of the Air Force
designated as a dental officer.
``(d) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain certified or licensed
as a dentist during the period for which the payment is made shall
refund to the United States an amount equal to the full amount of such
payment.
``(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio
to the amount paid to the officer as the unserved part of such period
bears to the total period agreed to be served.
``(3) An obligation to reimburse the United States imposed under
paragraph (1) or (2) is for all purposes a debt owed to the United
States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this
section does not discharge the person signing such agreement from a
debt arising under such agreement or this subsection. This paragraph
applies to any case commenced under title 11 after the date of the
enactment of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 302g the
following new item:
``302h. Special pay: accession bonus for dental officers.''.
(3) Section 303a of title 37, United States Code, is amended by
striking out ``302g'' each place it appears and inserting in lieu
thereof ``302h''.
(d) Report on Additional Activities To Increase Recruitment of
Dentists.--Not later than April 1, 1997, the Secretary of Defense shall
submit to Congress a report describing the feasibility of increasing
the number of persons enrolled in the Armed Forces Health Professions
Scholarship and Financial Assistance program who are pursuing a course
of study in dentistry in anticipation of service as an officer of the
Dental Corps of the Army or the Navy or an officer of the Air Force
designated as a dental officer.
(e) Stylistic Amendments.--Section 302b of title 37, United States
Code, is amended--
(1) in subsection (a), by inserting ``Variable, Additional, and
Board Certification Special Pay.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Active-Duty Agreement.--
'' after ``(b)'';
(3) in subsection (c), by inserting ``Regulations.--'' after
``(c)'';
(4) in subsection (d), by inserting ``Frequency of Payments.--
'' after ``(d)'';
(5) in subsection (e), by inserting ``Refund for Period of
Unserved Obligated Service.--'' after ``(e)'';
(6) in subsection (f), by inserting ``Effect of Discharge in
Bankruptcy.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Determination of
Creditable Service.--'' after ``(g)''.
SEC. 616. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUBLIC HEALTH
SERVICE AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OFFICERS.
(a) Eligibility.--Subsection (a) of section 316 of title 37, United
States Code, is amended--
(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 jurisdiction of the Secretary,''; and
(2) by inserting before the period at the end the following:
``, 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 this section 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. ALLOWANCE IN CONNECTION WITH SHIPPING MOTOR VEHICLE AT
GOVERNMENT EXPENSE.
(a) Allowance Authorized.--Section 406(b)(1)(B) of title 37, United
States Code, is amended by adding at the end the following: ``If clause
(i)(I) applies to the transportation by the member of a motor vehicle
from the old duty station, the monetary allowance under this
subparagraph shall also cover return travel to the old duty station by
the member or other person transporting the vehicle. In the case of
transportation described in clause (ii), the monetary allowance shall
also cover travel from the new duty station to the port of debarkation
to pick up the vehicle.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1997.
SEC. 622. DISLOCATION ALLOWANCE AT A RATE EQUAL TO TWO AND ONE-HALF
MONTHS BASIC ALLOWANCE FOR QUARTERS.
(a) Allowance Authorized.--Section 407(a) of title 37, United
States Code, is amended in the matter preceding paragraph (1) by
striking out ``two months'' and inserting in lieu thereof ``two and
one-half months''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1997.
SEC. 623. ALLOWANCE FOR TRAVEL PERFORMED 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: ``If the member is unable to undertake the travel
before the end of such one-year period as a result of duty in
connection with a contingency operation, the member may defer the
travel for one additional year beginning on the date the duty of the
member in connection with the contingency operation ends.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of November 1, 1995.
SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF PUBLIC
HEALTH SERVICE OFFICERS.
Section 406(j) of title 37, United States Code, is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking out ``Appropriations available'' and all
that follows through ``to a member'' and inserting in lieu
thereof ``The Secretary concerned may pay a monetary allowance
to a member of the armed forces or a member of the Commissioned
Corps of the Public Health Service''; and
(B) by striking out ``of the military department''; and
(2) by adding at the end the following new paragraph:
``(3) Appropriations available to the Department of Defense for
providing transportation of household effects of members of the armed
forces under subsection (b) shall be available to pay the monetary
allowance authorized under paragraph (1) to such members.
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)
shall be available to pay the monetary allowance authorized under
paragraph (1) to such members.''.
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. CLARIFICATION OF INITIAL COMPUTATION OF RETIREE COLAS
AFTER RETIREMENT.
(a) In General.--Section 1401a of title 10, United States Code, is
amended by striking out subsections (c) and (d) and inserting in lieu
thereof the following new subsections:
``(c) First COLA Adjustment for Members With Retired Pay Computed
Using Final Basic Pay.--
``(1) First adjustment with intervening increase in basic
pay.--Notwithstanding subsection (b), if a person described in
paragraph (3) becomes entitled to retired pay based on rates of
monthly basic pay that became effective after the last day of the
calendar quarter of the base index, the retired pay of the member
or former member shall be increased on the effective date of the
next adjustment of retired pay under subsection (b) only by the
percent (adjusted to the nearest one-tenth of 1 percent) by which--
``(A) the price index for the base quarter of that year,
exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly basic
pay on which the retired pay is based became effective.
``(2) First adjustment with no intervening increase in basic
pay.--If a person described in paragraph (3) becomes entitled to
retired pay on or after the effective date of an adjustment in
retired pay under subsection (b) but before the effective date of
the next increase in the rates of monthly basic pay, the retired
pay of the member or former member shall be increased, effective on
the date the member becomes entitled to that pay, by the percent
(adjusted to the nearest one-tenth of 1 percent) by which--
``(A) the base index, exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly basic
pay on which the retired pay is based became effective.
``(3) Members covered.--Paragraphs (1) and (2) apply to a
member or former member of an armed force who first became a member
of a uniformed service before August 1, 1986, and whose retired pay
base is determined under section 1406 of this title.
``(d) First COLA Adjustment for Members With Retired Pay Computed
Using High-Three.--Notwithstanding subsection (b), the retired pay of a
member or former member of an armed force who first became a member of
a uniformed service before August 1, 1986, and whose retired pay base
is determined under section 1407 of this title shall be increased on
the effective date of the first adjustment of retired pay under
subsection (b) after the member or former member becomes entitled to
retired pay by the percent (adjusted to the nearest one-tenth of 1
percent) equal to the difference between the percent by which--
``(1) the price index for the base quarter of that year,
exceeds
``(2) the price index for the calendar quarter immediately
before the calendar quarter during which the member became entitled
to retired pay.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only to adjustments of retired and retainer pay effective after
the date of the enactment of this Act.
SEC. 633. SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS WHO ARE
ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION.
(a) Development of Procedures for Suspension.--The Secretary of
Defense shall develop uniform procedures under which the Secretary of a
military department may suspend the payment of the retired pay of a
member or former member of the Armed Forces during periods in which the
member willfully remains outside the United States to avoid criminal
prosecution or civil liability. The procedures shall address the types
of criminal offenses and civil proceedings for which the procedures may
be used, including the offenses specified in section 8312 of title 5,
United States Code, and the manner by which a member, upon the return
of the member to the United States, may obtain retired pay withheld
during the member's absence.
(b) Report to Congress.--The Secretary of Defense shall submit to
Congress a report describing the procedures developed under subsection
(a). The report shall include recommendations regarding changes to
existing provisions of law (including section 8313 of title 5, United
States Code) that the Secretary determines are necessary to fully
implement the procedures.
(c) Retired Pay Defined.--For purposes of this section, the term
``retired pay'' means retired pay, retirement pay, retainer pay, or
equivalent pay, payable under a statute to a member or former member of
a uniformed service.
(d) Effective Date.--The uniform procedures required by subsection
(a) shall be developed not later than 30 days after the date of the
enactment of this Act.
SEC. 634. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR BENEFIT PLAN
STATUTE.
Subchapter II of chapter 73 of title 10, United States Code, is
amended to read as follows:
``SUBCHAPTER II--SURVIVOR BENEFIT PLAN
``Sec.
``1447. Definitions.
``1448. Application of Plan.
``1449. Mental incompetency of member.
``1450. Payment of annuity: beneficiaries.
``1451. Amount of annuity.
``1452. Reduction in retired pay.
``1453. Recovery of amounts erroneously paid.
``1454. Correction of administrative errors.
``1455. Regulations.
``Sec. 1447. Definitions
``In this subchapter:
``(1) Plan.--The term `Plan' means the Survivor Benefit Plan
established by this subchapter.
``(2) Standard annuity.--The term `standard annuity' means an
annuity provided by virtue of eligibility under section
1448(a)(1)(A) of this title.
``(3) Reserve-component annuity.--The term `reserve-component
annuity' means an annuity provided by virtue of eligibility under
section 1448(a)(1)(B) of this title.
``(4) Retired pay.--The term `retired pay' includes retainer
pay paid under section 6330 of this title.
``(5) Reserve-component retired pay.--The term `reserve-
component retired pay' means retired pay under chapter 1223 of this
title (or under chapter 67 of this title as in effect before the
effective date of the Reserve Officer Personnel Management Act).
``(6) Base amount.--The term `base amount' means the following:
``(A) Full amount under standard annuity.--In the case of a
person who dies after becoming entitled to retired pay, such
term means the amount of monthly retired pay (determined
without regard to any reduction under section 1409(b)(2) of
this title) to which the person--
``(i) was entitled when he became eligible for that
pay; or
``(ii) later became entitled by being advanced on the
retired list, performing active duty, or being transferred
from the temporary disability retired list to the permanent
disability retired list.
``(B) Full amount under reserve-component annuity.--In the
case of a person who would have become eligible for reserve-
component retired pay but for the fact that he died before
becoming 60 years of age, such term means the amount of monthly
retired pay for which the person would have been eligible--
``(i) if he had been 60 years of age on the date of his
death, for purposes of an annuity to become effective on
the day after his death in accordance with a designation
made under section 1448(e) of this title; or
``(ii) upon becoming 60 years of age (if he had lived
to that age), for purposes of an annuity to become
effective on the 60th anniversary of his birth in
accordance with a designation made under section 1448(e) of
this title.
``(C) Reduced amount.--Such term means any amount less than
the amount otherwise applicable under subparagraph (A) or (B)
with respect to an annuity provided under the Plan but which is
not less than $300 and which is designated by the person (with
the concurrence of the person's spouse, if required under
section 1448(a)(3) of this title) providing the annuity on or
before--
``(i) the first day for which he becomes eligible for
retired pay, in the case of a person providing a standard
annuity, or
``(ii) the end of the 90-day period beginning on the
date on which he receives the notification required by
section 12731(d) of this title that he has completed the
years of service required for eligibility for reserve-
component retired pay, in the case of a person providing a
reserve-component annuity.
``(7) Widow.--The term `widow' means the surviving wife of a
person who, if not married to the person at the time he became
eligible for retired pay--
``(A) was married to him for at least one year immediately
before his death; or
``(B) is the mother of issue by that marriage.
``(8) Widower.--The term `widower' means the surviving husband
of a person who, if not married to the person at the time she
became eligible for retired pay--
``(A) was married to her for at least one year immediately
before her death; or
``(B) is the father of issue by that marriage.
``(9) Surviving spouse.--The term `surviving spouse' means a
widow or widower.
``(10) Former spouse.--The term `former spouse' means the
surviving former husband or wife of a person who is eligible to
participate in the Plan.
``(11) Dependent child.--
``(A) In general.--The term `dependent child' means a
person who--
``(i) is unmarried;
``(ii) is (I) under 18 years of age, (II) at least 18,
but under 22, years of age and pursuing a full-time course
of study or training in a high school, trade school,
technical or vocational institute, junior college, college,
university, or comparable recognized educational
institution, or (III) incapable of self support because of
a mental or physical incapacity existing before the
person's eighteenth birthday or incurred on or after that
birthday, but before the person's twenty-second birthday,
while pursuing such a full-time course of study or
training; and
``(iii) is the child of a person to whom the Plan
applies, including (I) an adopted child, and (II) a
stepchild, foster child, or recognized natural child who
lived with that person in a regular parent-child
relationship.
``(B) Special rules for college students.--For the purpose
of subparagraph (A), a child whose twenty-second birthday
occurs before July 1 or after August 31 of a calendar year, and
while regularly pursuing such a course of study or training, is
considered to have become 22 years of age on the first day of
July after that birthday. A child who is a student is
considered not to have ceased to be a student during an interim
between school years if the interim is not more than 150 days
and if the child shows to the satisfaction of the Secretary of
Defense that the child has a bona fide intention of continuing
to pursue a course of study or training in the same or a
different school during the school semester (or other period
into which the school year is divided) immediately after the
interim.
``(C) Foster children.--A foster child, to qualify under
this paragraph as the dependent child of a person to whom the
Plan applies, must, at the time of the death of that person,
also reside with, and receive over one-half of his support
from, that person, and not be cared for under a social agency
contract. The temporary absence of a foster child from the
residence of that person, while a student as described in this
paragraph, shall not be considered to affect the residence of
such a foster child.
``(12) Court.--The term `court' has the meaning given that term
by section 1408(a)(1) of this title.
``(13) Court order.--
``(A) In general.--The term `court order' means a court's
final decree of divorce, dissolution, or annulment or a court
ordered, ratified, or approved property settlement incident to
such a decree (including a final decree modifying the terms of
a previously issued decree of divorce, dissolution, annulment,
or legal separation, or of a court ordered, ratified, or
approved property settlement agreement incident to such
previously issued decree).
``(B) Final decree.--The term `final decree' means a decree
from which no appeal may be taken or from which no appeal has
been taken within the time allowed for the taking of such
appeals under the laws applicable to such appeals, or a decree
from which timely appeal has been taken and such appeal has
been finally decided under the laws applicable to such appeals.
``(C) Regular on its face.--The term `regular on its face',
when used in connection with a court order, means a court order
that meets the conditions prescribed in section 1408(b)(2) of
this title.
``Sec. 1448. Application of plan
``(a) General Rules for Participation in the Plan.--
``(1) Name of plan; eligible participants.--The program
established by this subchapter shall be known as the Survivor
Benefit Plan. The following persons are eligible to participate in
the Plan:
``(A) Persons entitled to retired pay.
``(B) Persons who would be eligible for reserve-component
retired pay but for the fact that they are under 60 years of
age.
``(2) Participants in the plan.--The Plan applies to the
following persons, who shall be participants in the Plan:
``(A) Standard annuity participants.--A person who is
eligible to participate in the Plan under paragraph (1)(A) and
who is married or has a dependent child when he becomes
entitled to retired pay, unless he elects (with his spouse's
concurrence, if required under paragraph (3)) not to
participate in the Plan before the first day for which he is
eligible for that pay.
``(B) Reserve-component annuity participants.--A person who
(i) is eligible to participate in the Plan under paragraph
(1)(B), (ii) is married or has a dependent child when he is
notified under section 12731(d) of this title that he has
completed the years of service required for eligibility for
reserve-component retired pay, and (iii) elects to participate
in the Plan (and makes a designation under subsection (e))
before the end of the 90-day period beginning on the date he
receives such notification.
A person described in clauses (i) and (ii) of subparagraph (B) who
does not elect to participate in the Plan before the end of the 90-
day period referred to in that clause remains eligible, upon
reaching 60 years of age and otherwise becoming entitled to retired
pay, to participate in the Plan in accordance with eligibility
under paragraph (1)(A).
``(3) Elections.--
``(A) Spousal consent for certain elections respecting
standard annuity.--A married person who is eligible to provide
a standard annuity may not without the concurrence of the
person's spouse elect--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but
not for the person's spouse.
``(B) Spousal consent for certain elections respecting
reserve-component annuity.--A married person who elects to
provide a reserve-component annuity may not without the
concurrence of the person's spouse elect--
``(i) to provide an annuity for the person's spouse at
less than the maximum level; or
``(ii) to provide an annuity for a dependent child but
not for the person's spouse.
``(C) Exception when spouse unavailable.--A person may make
an election described in subparagraph (A) or (B) without the
concurrence of the person's spouse if the person establishes to
the satisfaction of the Secretary concerned--
``(i) that the spouse's whereabouts cannot be
determined; or
``(ii) that, due to exceptional circumstances,
requiring the person to seek the spouse's consent would
otherwise be inappropriate.
``(D) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity for a former spouse
(or for a former spouse and dependent child) under subsection
(b)(2).
``(E) Notice to spouse of election to provide former spouse
annuity.--If a married person who is eligible to provide a
standard annuity elects to provide an annuity for a former
spouse (or for a former spouse and dependent child) under
subsection (b)(2), that person's spouse shall be notified of
that election.
``(4) Irrevocability of elections.--
``(A) Standard annuity.--An election under paragraph (2)(A)
not to participate in the Plan is irrevocable if not revoked
before the date on which the person first becomes entitled to
retired pay.
``(B) Reserve-component annuity.--An election under
paragraph (2)(B) to participate in the Plan is irrevocable if
not revoked before the end of the 90-day period referred to in
that paragraph.
``(5) Participation by person marrying after re- tirement,
etc.--
``(A) Election to participate in plan.--A person who is not
married and has no dependent child upon becoming eligible to
participate in the Plan but who later marries or acquires a
dependent child may elect to participate in the Plan.
``(B) Manner and time of election.--Such an election must
be written, signed by the person making the election, and
received by the Secretary concerned within one year after the
date on which that person marries or acquires that dependent
child.
``(C) Limitation on revocation of election.--Such an
election may not be revoked except in accordance with
subsection (b)(3).
``(D) Effective date of election.--The election is
effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
``(E) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an election
shall include a designation under subsection (e).
``(6) Election out of plan by person with spouse coverage who
remarries.--
``(A) General rule.--A person--
``(i) who is a participant in the Plan and is providing
coverage under the Plan for a spouse (or a spouse and
child);
``(ii) who does not have an eligible spouse beneficiary
under the Plan; and
``(iii) who remarries,
may elect not to provide coverage under the Plan for the
person's spouse.
``(B) Effect of election on retired pay.--If such an
election is made, reductions in the retired pay of that person
under section 1452 of this title shall not be made.
``(C) Terms and conditions of election.--An election under
this paragraph--
``(i) is irrevocable;
``(ii) shall be made within one year after the person's
remarriage; and
``(iii) shall be made in such form and manner as may be
prescribed in regulations under section 1455 of this title.
``(D) Notice to spouse.--If a person makes an election
under this paragraph--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but
not for the person's spouse,
the person's spouse shall be notified of that election.
``(E) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity to a former spouse
under subsection (b).
``(b) Insurable Interest and Former Spouse Coverage.--
``(1) Coverage for person with insurable interest.--
``(A) General rule.--A person who is not married and does
not have a dependent child upon becoming eligible to
participate in the Plan may elect to provide an annuity under
the Plan to a natural person with an insurable interest in that
person. In the case of a person providing a reserve-component
annuity, such an election shall include a designation under
subsection (e).
``(B) Termination of coverage.--An election under
subparagraph (A) for a beneficiary who is not the former spouse
of the person providing the annuity may be terminated. Any such
termination shall be made by a participant by the submission to
the Secretary concerned of a request to discontinue
participation in the Plan, and such participation in the Plan
shall be discontinued effective on the first day of the first
month following the month in which the request is received by
the Secretary concerned. Effective onsuch date, the Secretary
concerned shall discontinue the reduction being made in such person's
retired pay on account of participation in the Plan or, in the case of
a person who has been required to make deposits in the Treasury on
account of participation in the Plan, such person may discontinue
making such deposits effective on such date.
``(C) Form for discontinuation.--A request under
subparagraph (B) to discontinue participation in the Plan shall
be in such form and shall contain such information as may be
required under regulations prescribed by the Secretary of
Defense.
``(D) Withdrawal of request for discontinuation.--The
Secretary concerned shall furnish promptly to each person who
submits a request under subparagraph (B) to discontinue
participation in the Plan a written statement of the advantages
and disadvantages of participating in the Plan and the possible
disadvantages of discontinuing participation. A person may
withdraw the request to discontinue participation if withdrawn
within 30 days after having been submitted to the Secretary
concerned.
``(E) Consequences of discontinuation.--Once participation
is discontinued, benefits may not be paid in conjunction with
the earlier participation in the Plan and premiums paid may not
be refunded. Participation in the Plan may not later be resumed
except through a qualified election under paragraph (5) of
subsection (a).
``(2) Former spouse coverage upon becoming a participant in the
plan.--
``(A) General rule.--A person who has a former spouse upon
becoming eligible to participate in the Plan may elect to
provide an annuity to that former spouse.
``(B) Effect of former spouse election on spouse or
dependent child.--In the case of a person with a spouse or a
dependent child, such an election prevents payment of an
annuity to that spouse or child (other than a child who is a
beneficiary under an election under paragraph (4)), including
payment under subsection (d).
``(C) Designation if more than one former spouse.--If there
is more than one former spouse, the person shall designate
which former spouse is to be provided the annuity.
``(D) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an election
shall include a designation under subsection (e).
``(3) Former spouse coverage by persons already participating
in plan.--
``(A) Election of coverage.--
``(i) Authority for election.--A person--
``(I) who is a participant in the Plan and is
providing coverage for a spouse or a spouse and child
(even though there is no beneficiary currently eligible
for such coverage), and
``(II) who has a former spouse who was not that
person's former spouse when that person became eligible
to participate in the Plan,
may (subject to subparagraph (B)) elect to provide an
annuity to that former spouse.
``(ii) Termination of previous coverage.--Any such
election terminates any previous coverage under the Plan.
``(iii) Manner and time of election.--Any such election
must be written, signed by the person making the election,
and received by the Secretary concerned within one year
after the date of the decree of divorce, dissolution, or
annulment.
``(B) Limitation on election.--A person may not make an
election under subparagraph (A) to provide an annuity to a
former spouse who that person married after becoming eligible
for retired pay unless--
``(i) the person was married to that former spouse for
at least one year, or
``(ii) that former spouse is the parent of issue by
that marriage.
``(C) Irrevocability, effective date, etc.--An election
under this paragraph may not be revoked except in accordance
with section 1450(f) of this title. Such an election is
effective as of the first day of the first calendar month
following the month in which it is received by the Secretary
concerned. This paragraph does not provide the authority to
change a designation previously made under subsection (e).
``(D) Notice to spouse.--If a person who is married makes
an election to provide an annuity to a former spouse under this
paragraph, that person's spouse shall be notified of the
election.
``(4) Former spouse and child coverage.--A person who elects to
provide an annuity for a former spouse under paragraph (2) or (3)
may, at the time of the election, elect to provide coverage under
that annuity for both the former spouse and a dependent child, if
the child resulted from the person's marriage to that former
spouse.
``(5) Disclosure of whether election of former spouse coverage
is required.--A person who elects to provide an annuity to a former
spouse under paragraph (2) or (3) shall, at the time of making the
election, provide the Secretary concerned with a written statement
(in a form to be prescribed by that Secretary and signed by such
person and the former spouse) setting forth--
``(A) whether the election is being made pursuant to the
requirements of a court order; or
``(B) whether the election is being made pursuant to a
written agreement previously entered into voluntarily by such
person as a part of, or incident to, a proceeding of divorce,
dissolution, or annulment and (if so)whether such voluntary
written agreement has been incorporated in, or ratified or approved by,
a court order.
``(c) Persons on Temporary Disability Retired List.--The
application of the Plan to a person whose name is on the temporary
disability retired list terminates when his name is removed from that
list and he is no longer entitled to disability retired pay.
``(d) Coverage for Survivors of Retirement-Eligible Members Who Die
on Active Duty.--
``(1) Surviving spouse annuity.--The Secretary concerned shall
pay an annuity under this subchapter to the surviving spouse of a
member who dies on active duty after--
``(A) becoming eligible to receive retired pay;
``(B) qualifying for retired pay except that he has not
applied for or been granted that pay; or
``(C) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he has
not completed 10 years of active commissioned service.
``(2) Dependent child annuity.--The Secretary concerned shall
pay an annuity under this subchapter to the dependent child of a
member described in paragraph (1) if there is no surviving spouse
or if the member's surviving spouse subsequently dies.
``(3) Mandatory former spouse annuity.--If a member described
in paragraph (1) is required under a court order or spousal
agreement to provide an annuity to a former spouse upon becoming
eligible to be a participant in the Plan or has made an election
under subsection (b) to provide an annuity to a former spouse, the
Secretary--
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
member had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the case
may be, if the Secretary receives a written request from the
former spouse concerned that the election be deemed to have
been made in the same manner as provided in section 1450(f)(3)
of this title.
``(4) Priority.--An annuity that may be provided under this
subsection shall be provided in preference to an annuity that may
be provided under any other provision of this subchapter on account
of service of the same member.
``(5) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(e) Designation for Commencement of Reserve-Component Annuity.--
In any case in which a person electing to participate in the Plan is
required to make a designation under this subsection, the person making
such election shall designate whether, in the event he dies before
becoming 60 years of age, the annuity provided shall become effective
on--
``(1) the day after the date of his death; or
``(2) the 60th anniversary of his birth.
``(f) Coverage of Survivors of Persons Dying When Eligible To Elect
Reserve-Component Annuity.--
``(1) Surviving spouse annuity.--The Secretary concerned shall
pay an annuity under this subchapter to the surviving spouse of a
person who is eligible to provide a reserve-component annuity and
who dies--
``(A) before being notified under section 12731(d) of this
title that he has completed the years of service required for
eligibility for reserve-component retired pay; or
``(B) during the 90-day period beginning on the date he
receives notification under section 12731(d) of this title that
he has completed the years of service required for eligibility
for reserve-component retired pay if he had not made an
election under subsection (a)(2)(B) to participate in the Plan.
``(2) Dependent child annuity.--The Secretary concerned shall
pay an annuity under this subchapter to the dependent child of a
person described in paragraph (1) if there is no surviving spouse
or if the person's surviving spouse subsequently dies.
``(3) Mandatory former spouse annuity.--If a person described
in paragraph (1) is required under a court order or spousal
agreement to provide an annuity to a former spouse upon becoming
eligible to be a participant in the Plan or has made an election
under subsection (b) to provide an annuity to a former spouse, the
Secretary--
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
person had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the case
may be, if the Secretary receives a written request from the
former spouse concerned that the election be deemed to have
been made in the same manner as provided in section 1450(f)(3)
of this title.
``(4) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(g) Election To Increase Coverage Upon Remarriage.--
``(1) Election.--A person--
``(A) who is a participant in the Plan and is providing
coverage under subsection (a) for a spouse or a spouse and
child, but at less than the maximum level; and
``(B) who remarries,
may elect, within one year of such remarriage, to increase the
level of coverage provided under the Plan to a level not in excess
of the current retired pay of that person.
``(2) Payment required.--Such an election shall be contingent
on the person paying to the United States the amount determined
under paragraph (3) plus interest on such amount at a rate
determined under regulations prescribed by the Secretary of
Defense.
``(3) Amount to be paid.--The amount referred to in paragraph
(2) is the amount equal to the difference between--
``(A) the amount that would have been withheld from such
person's retired pay under section 1452 of this title if the
higher level of coverage had been in effect from the time the
person became a participant in the Plan; and
``(B) the amount of such person's retired pay actually
withheld.
``(4) Manner of making election.--An election under paragraph
(1) shall be made in such manner as the Secretary shall prescribe
and shall become effective upon receipt of the payment required by
paragraph (2).
``(5) Disposition of payments.--A payment received under this
subsection by the Secretary of Defense shall be deposited into the
Department of Defense Military Retirement Fund. Any other payment
received under this subsection shall be deposited in the Treasury
as miscellaneous receipts.
``Sec. 1449. Mental incompetency of member
``(a) Election by Secretary Concerned on Behalf of Mentally
Incompetent Member.--If a person to whom section 1448 of this title
applies is determined to be mentally incompetent by medical officers of
the armed force concerned or of the Department of Veterans Affairs, or
by a court of competent jurisdiction, an election described in
subsection (a)(2) or (b) of section 1448 of this title may be made on
behalf of that person by the Secretary concerned.
``(b) Revocation of Election by Member.--
``(1) Authority upon subsequent determination of mental
competence.--If a person for whom the Secretary has made an
election under subsection (a) is later determined to be mentally
competent by an authority named in that subsection, that person
may, within 180 days after that determination, revoke that
election.
``(2) Deductions from retired pay not to be refunded.--Any
deduction made from retired pay by reason of such an election may
not be refunded.
``Sec. 1450. Payment of annuity: beneficiaries
``(a) In General.--Effective as of the first day after the death of
a person to whom section 1448 of this title applies (or on such other
day as that person may provide under subsection (j)), a monthly annuity
under section 1451 of this title shall be paid to the person's
beneficiaries under the Plan, as follows:
``(1) Surviving spouse or former spouse.--The eligible
surviving spouse or the eligible former spouse.
``(2) Surviving children.--The surviving dependent children in
equal shares, if the eligible surviving spouse or the eligible
former spouse is dead, dies, or otherwise becomes ineligible under
this section.
``(3) Dependent children.--The dependent children in equal
shares if the person to whom section 1448 of this title applies
(with the concurrence of the person's spouse, if required under
section 1448(a)(3) of this title) elected to provide an annuity for
dependent children but not for the spouse or former spouse.
``(4) Natural person designated under `insurable interest'
coverage.--The natural person designated under section 1448(b)(1)
of this title, unless the election to provide an annuity to the
natural person has been changed as provided in subsection (f).
``(b) Termination of Annuity for Death, Remarriage Before Age 55,
Etc.--
``(1) General rule.--An annuity payable to the beneficiary
terminates effective as of the first day of the month in which
eligibility is lost.
``(2) Termination of spouse annuity upon death or remarriage
before age 55.--An annuity for a surviving spouse or former spouse
shall be paid to the surviving spouse or former spouse while the
surviving spouse or former spouse is living or, if the surviving
spouse or former spouse remarries before reaching age 55, until the
surviving spouse or former spouse remarries.
``(3) Effect of termination of subsequent marriage before age
55.--If the surviving spouse or former spouse remarries before
reaching age 55 and that marriage is terminated by death,
annulment, or divorce, payment of the annuity shall be resumed
effective as of the first day of the month in which the marriage is
so terminated. However, if the surviving spouse or former spouse is
also entitled to an annuity under the Plan based upon the marriage
so terminated, the surviving spouse or former spouse may not
receive both annuities but must elect which to receive.
``(c) Offset for Amount of Dependency and Indemnity Compensation.--
``(1) Required offset.--If, upon the death of a person to whom
section 1448 of this title applies, the surviving spouse or former
spouse of that person is also entitled to dependency and indemnity
compensation under section 1311(a) of title 38, the surviving
spouse or former spouse may be paid an annuity under this section,
but only in the amount that the annuity otherwise payable under
this section would exceed that compensation.
``(2) Effective date of offset.--A reduction in an annuity
under this section required by paragraph (1) shall be effective on
the date of the commencement of the period of payment of such
dependency and indemnity compensation under title 38.
``(d) Limitation on Payment of Annuities When Coverage Under Civil
Service Retirement Elected.--If, upon the death of a person to whom
section 1448 of this title applies, that person had in effect a waiver
of that person's retired pay for the purposes of subchapter III of
chapter 83 of title 5, an annuity under this section shall not be
payable unless, in accordance with section 8339(j) of title 5, that
personnotified the Office of Personnel Management that he did not
desire any spouse surviving him to receive an annuity under section
8341(b) of that title.
``(e) Refund of Amounts Deducted From Retired Pay When DIC Offset
Is Applicable.--
``(1) Full refund when dic greater than sbp annuity.--If an
annuity under this section is not payable because of subsection
(c), any amount deducted from the retired pay of the deceased under
section 1452 of this title shall be refunded to the surviving
spouse or former spouse.
``(2) Partial refund when sbp annuity reduced by dic.--If,
because of subsection (c), the annuity payable is less than the
amount established under section 1451 of this title, the annuity
payable shall be recalculated under that section. The amount of the
reduction in the retired pay required to provide that recalculated
annuity shall be computed under section 1452 of this title, and the
difference between the amount deducted before the computation of
that recalculated annuity and the amount that would have been
deducted on the basis of that recalculated annuity shall be
refunded to the surviving spouse or former spouse.
``(f) Change in Election of Insurable Interest or Former Spouse
Beneficiary.--
``(1) Authorized changes.--
``(A) Election in favor of spouse or child.--A person who
elects to provide an annuity to a person designated by him
under section 1448(b) of this title may, subject to paragraph
(2), change that election and provide an annuity to his spouse
or dependent child.
``(B) Notice.--The Secretary concerned shall notify the
former spouse or other natural person previously designated
under section 1448(b) of this title of any change of election
under subparagraph (A).
``(C) Procedures, effective date, etc.--Any such change of
election is subject to the same rules with respect to
execution, revocation, and effectiveness as are set forth in
section 1448(a)(5) of this title (without regard to the
eligibility of the person making the change of election to make
such an election under that section).
``(2) Limitation on change in beneficiary when former spouse
coverage in effect.--A person who, incident to a proceeding of
divorce, dissolution, or annulment, is required by a court order to
elect under section 1448(b) of this title to provide an annuity to
a former spouse (or to both a former spouse and child), or who
enters into a written agreement (whether voluntary or required by a
court order) to make such an election, and who makes an election
pursuant to such order or agreement, may not change that election
under paragraph (1) unless, of the following requirements,
whichever are applicable in a particular case are satisfied:
``(A) In a case in which the election is required by a
court order, or in which an agreement to make the election has
been incorporated in or ratified or approved by a court order,
the person--
``(i) furnishes to the Secretary concerned a certified
copy of a court order which is regular on its face and
which modifies the provisions of all previous court orders
relating to such election, or the agreement to make such
election, so as to permit the person to change the
election; and
``(ii) certifies to the Secretary concerned that the
court order is valid and in effect.
``(B) In a case of a written agreement that has not been
incorporated in or ratified or approved by a court order, the
person--
``(i) furnishes to the Secretary concerned a statement,
in such form as the Secretary concerned may prescribe,
signed by the former spouse and evidencing the former
spouse's agreement to a change in the election under
paragraph (1); and
``(ii) certifies to the Secretary concerned that the
statement is current and in effect.
``(3) Required former spouse election to be deemed to have been
made.--
``(A) Deemed election upon request by former spouse.--If a
person described in paragraph (2) or (3) of section 1448(b) of
this title is required (as described in subparagraph (B)) to
elect under section 1448(b) of this title to provide an annuity
to a former spouse and such person then fails or refuses to
make such an election, such person shall be deemed to have made
such an election if the Secretary concerned receives the
following:
``(i) Request from former spouse.--A written request,
in such manner as the Secretary shall prescribe, from the
former spouse concerned requesting that such an election be
deemed to have been made.
``(ii) Copy of court order or other official
statement.--Either--
``(I) a copy of the court order, regular on its
face, which requires such election or incorporates,
ratifies, or approves the written agreement of such
person; or
``(II) a statement from the clerk of the court (or
other appropriate official) that such agreement has
been filed with the court in accordance with applicable
State law.
``(B) Persons required to make election.--A person shall be
considered for purposes of subparagraph (A) to be required to
elect under section 1448(b) of this title to provide an annuity
to a former spouse if--
``(i) the person enters, incident to a proceeding of
divorce, dissolution, or annulment, into a written
agreement to make such an election and the agreement (I)
has been incorporated in or ratified orapproved by a court
order, or (II) has been filed with the court of appropriate
jurisdiction in accordance with appli- cable State law; or
``(ii) the person is required by a court order to make
such an election.
``(C) Time limit for request by former spouse.--An election
may not be deemed to have been made under subparagraph (A) in
the case of any person unless the Secretary concerned receives
a request from the former spouse of the person within one year
of the date of the court order or filing involved.
``(D) Effective date of deemed election.--An election
deemed to have been made under subparagraph (A) shall become
effective on the first day of the first month which begins
after the date of the court order or filing involved.
``(4) Former spouse coverage may be required by court order.--A
court order may require a person to elect (or to enter into an
agreement to elect) under section 1448(b) of this title to provide
an annuity to a former spouse (or to both a former spouse and
child).
``(g) Limitation on Changing or Revoking Elections.--
``(1) In general.--An election under this section may not be
changed or revoked.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) a revocation of an election under section 1449(b) of
this title; or
``(B) a change in an election under subsection (f).
``(h) Treatment of Annuities Under Other Laws.--Except as provided
in section 1451 of this title, an annuity under this section is in
addition to any other payment to which a person is entitled under any
other provision of law. Such annuity shall be considered as income
under laws administered by the Secretary of Veterans Affairs.
``(i) Annuities Exempt From Certain Legal Process.--Except as
provided in subsection (l)(3)(B), an annuity under this section is not
assignable or subject to execution, levy, attachment, garnishment, or
other legal process.
``(j) Effective Date of Reserve-Component Annuities.--
``(1) Persons making section 1448(e) designation.--An annuity
elected by a person providing a reserve-component annuity shall be
effective in accordance with the designation made by such person
under section 1448(e) of this title.
``(2) Persons dying before making section 1448(e)
designation.--An annuity payable under section 1448(f) of this
title shall be effective on the day after the date of the death of
the person upon whose service the right to the annuity is based.
``(k) Adjustment of Spouse or Former Spouse Annuity Upon Loss of
Dependency and Indemnity Compensation.--
``(1) Readjustment if beneficiary 55 years of age or more.--If
a surviving spouse or former spouse whose annuity has been adjusted
under subsection (c) subsequently loses entitlement to dependency
and indemnity compensation under section 1311(a) of title 38
because of the remarriage of the surviving spouse, or former
spouse, and if at the time of such remarriage the surviving spouse
or former spouse is 55 years of age or more, the amount of the
annuity of the surviving spouse or former spouse shall be
readjusted, effective on the effective date of such loss of
dependency and indemnity compensation, to the amount of the annuity
which would be in effect with respect to the surviving spouse or
former spouse if the adjustment under subsection (c) had never been
made.
``(2) Repayment of amounts previously refunded.--
``(A) General rule.--A surviving spouse or former spouse
whose annuity is readjusted under paragraph (1) shall repay any
amount refunded under subsection (e) by reason of the
adjustment under subsection (c).
``(B) Interest required if repayment not a lump sum.--If
the repayment is not made in a lump sum, the surviving spouse
or former spouse shall pay interest on the amount to be repaid.
Such interest shall commence on the date on which the first
such payment is due and shall be applied over the period during
which any part of the repayment remains to be paid.
``(C) Manner of repayment; rate of interest.--The manner in
which such repayment shall be made, and the rate of any such
interest, shall be prescribed in regulations under section 1455
of this title.
``(D) Deposit of amounts repaid.--An amount repaid under
this paragraph (including any such interest) received by the
Secretary of Defense shall be deposited into the Department of
Defense Military Retirement Fund. Any other amount repaid under
this paragraph shall be deposited into the Treasury as
miscellaneous receipts.
``(l) Participants in the Plan Who Are Missing.--
``(1) Authority to presume death of missing participant.--
``(A) In general.--Upon application of the beneficiary of a
participant in the Plan who is missing, the Secretary concerned
may determine for purposes of this subchapter that the
participant is presumed dead.
``(B) Participant who is missing.--A participant in the
Plan is considered to be missing for purposes of this
subsection if--
``(i) the retired pay of the participant has been
suspended on the basis that the participant is missing; or
``(ii) in the case of a participant in the Plan who
would be eligible for reserve-component retired pay but for
the fact that he is under 60 years ofage, his retired pay,
if he were entitled to retired pay, would be suspended on the basis
that he is missing.
``(C) Requirements applicable to presumption of death.--Any
such determination shall be made in accordance with regulations
prescribed under section 1455 of this title. The Secretary
concerned may not make a determination for purposes of this
subchapter that a participant who is missing is presumed dead
unless the Secretary finds that--
``(i) the participant has been missing for at least 30
days; and
``(ii) the circumstances under which the participant is
missing would lead a reasonably prudent person to conclude
that the participant is dead.
``(2) Commencement of annuity.--Upon a determination under
paragraph (1) with respect to a participant in the Plan, an annuity
otherwise payable under this subchapter shall be paid as if the
participant died on the date as of which the retired pay of the
participant was suspended.
``(3) Effect of person not being dead.--
``(A) Termination of annuity.--If, after a determination
under paragraph (1), the Secretary concerned determines that
the participant is alive--
``(i) any annuity being paid under this subchapter by
reason of this subsection shall be terminated; and
``(ii) the total amount of any annuity payments made by
reason of this subsection shall constitute a debt to the
United States.
``(B) Collection from participant of annuity amounts
erroneously paid.--A debt under subparagraph (A)(ii) may be
collected or offset--
``(i) from any retired pay otherwise payable to the
participant;
``(ii) if the participant is entitled to compensation
under chapter 11 of title 38, from that compen- sation; or
``(iii) if the participant is entitled to any other
payment from the United States, from that payment.
``(C) Collection from beneficiary.--If the participant dies
before the full recovery of the amount of annuity payments
described in subparagraph (A)(ii) has been made by the United
States, the remaining amount of such annuity payments may be
collected from the participant's beneficiary under the Plan if
that beneficiary was the recipient of the annuity payments made
by reason of this subsection.
``Sec. 1451. Amount of annuity
``(a) Computation of Annuity for a Spouse, Former Spouse, or
Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity payable
to the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to 55 percent of the base amount.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to 35 percent of the base amount.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the
time the beneficiary becomes entitled to the annuity,
computation of the annuity under that subsection is more
favorable to the beneficiary than computation under clause
(i), the annuity shall be computed under that subsection
rather than under clause (i).
``(2) Reserve-component annuity--In the case of a reserve-
component annuity provided to a beneficiary under section 1450(a)
of this title (other than under section 1450(a)(4)), the monthly
annuity payable to the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to a percentage of the base amount
that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to a percentage of the base amount that--
``(I) is less than 35 percent; and
``(II) is determined under subsection (f).
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the
time the beneficiary becomes entitled to the annuity,
computation of the annuity under that subsection is more
favorable to the beneficiary than computation under clause
(i), the annuity shall be computed under that subsection
rather than under clause (i).
``(b) Insurable Interest Beneficiary.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a)(4) of this title,
the monthly annuity payable to the beneficiary shall be the amount
equal to 55 percent of the retired pay of the person who elected to
provide the annuity after the reduction in that pay in accordance
with section 1452(c) of this title.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a)(4) of this title, the monthly annuity payable to the
beneficiary shall be the amount equal to a percentage of the
retired pay of the person who elected to provide the annuity after
the reduction in such pay in accordance with section 1452(c) of
this title that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).
``(3) Computation of reserve-component annuity when participant
dies before age 60.--For the purposes of paragraph (2), a person--
``(A) who provides an annuity that is determined in
accordance with that paragraph;
``(B) who dies before becoming 60 years of age; and
``(C) who at the time of death is otherwise entitled to
retired pay,
shall be considered to have been entitled to retired pay at the
time of death. The retired pay of such person for the purposes of
such paragraph shall be computed on the basis of the rates of basic
pay in effect on the date on which the annuity provided by such
person is to become effective in accordance with the designation of
such person under section 1448(e) of this title.
``(c) Annuities for Survivors of Certain Persons Dying During a
Period of Special Eligibility for SBP.--
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the annuity
shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the person
receiving the annuity is under 62 years of age or is a
dependent child when the member or former member dies, the
monthly annuity shall be the amount equal to 55 percent of the
retired pay to which the member or former member would have
been entitled if the member or former member had been entitled
to that pay based upon his years of active service when he
died.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving the
annuity (other than a dependent child) is 62 years of age
or older when the member or former member dies, the monthly
annuity shall be the amount equal to 35 percent of the
retired pay to which the member or former member would have
been entitled if the member or former member had been
entitled to that pay based upon his years of active service
when he died.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the
time the beneficiary becomes entitled to the annuity,
computation of the annuity under that subsection is more
favorable to the beneficiary than computation under clause
(i), the annuity shall be computed under that subsection
rather than under clause (i).
``(2) DIC offset.--An annuity computed under paragraph (1) that
is paid to a surviving spouse shall be reduced by the amount of
dependency and indemnity compensation to which the surviving spouse
is entitled under section 1311(a) of title 38. Any such reduction
shall be effective on the date of the commencement of the period of
payment of such compensation under title 38.
``(3) Servicemembers not yet granted retired pay.--In the case
of an annuity provided by reason of the service of a member
described in section 1448(d)(1)(B) or 1448(d)(1)(C) of this title
who first became a member of a uniformed service before September
8, 1980, the retired pay to which the member would have been
entitled when he died shall be determined for purposes of paragraph
(1) based upon the rate of basic pay in effect at the time of death
for the grade in which the member was serving at the time of death,
unless (as determined by the Secretary concerned) the member would
have been entitled to be retired in a higher grade.
``(4) Rate of pay to be used in computing annuity.--In the case
of an annuity paid under section 1448(f) of this title by reason of
the service of a person who first became a member of a uniformed
service before September 8, 1980, the retired pay of the person
providing the annuity shall for the purposes of paragraph (1) be
computed on the basis of the rates of basic pay in effect on the
effective date of the annuity.
``(d) Reduction of Annuities at Age 62.--
``(1) Reduction required.--The annuity of a person whose
annuity is computed under subparagraph (A) of subsection (a)(1),
(a)(2), or (c)(1) shall be reduced on the first day of the month
after the month in which the person becomes 62 years of age.
``(2) Amount of annuity as reduced.--
``(A) 35 percent annuity.--Except as provided in
subparagraph (B), the reduced amount of the annuity shall be
the amount of the annuity that the person would be receiving on
that date if the annuity had initially been computed under
subparagraph (B) of that subsection.
``(B) Savings provision for beneficiaries eligible for
social security offsetcomputation.--In the case of a person
eligible to have an annuity computed under subsection (e) and for whom,
at the time the person becomes 62 years of age, the annuity computed
with a reduction under subsection (e)(3) is more favorable than the
annuity with a reduction described in subparagraph (A), the reduction
in the annuity shall be computed in the same manner as a reduction
under subsection (e)(3).
``(e) Savings Provision for Certain Beneficiaries.--
``(1) Persons covered.--The following beneficiaries under the
Plan are eligible to have an annuity under the Plan computed under
this subsection:
``(A) A beneficiary receiving an annuity under the Plan on
October 1, 1985, as the surviving spouse or former spouse of
the person providing the annuity.
``(B) A spouse or former spouse beneficiary of a person who
on October 1, 1985--
``(i) was a participant in the Plan;
``(ii) was entitled to retired pay or was qualified for
that pay except that he had not applied for and been
granted that pay; or
``(iii) would have been eligible for reserve-component
retired pay but for the fact that he was under 60 years of
age.
``(2) Amount of annuity.--Subject to paragraph (3), an annuity
computed under this subsection is determined as follows:
``(A) Standard annuity.--In the case of the beneficiary of
a standard annuity, the annuity shall be the amount equal to 55
percent of the base amount.
``(B) Reserve-component annuity.--In the case of the
beneficiary of a reserve-component annuity, the annuity shall
be the percentage of the base amount that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(C) Beneficiaries of persons dying during a period of
special eligibility for sbp.--In the case of the beneficiary of
an annuity under section 1448(d) or 1448(f) of this title, the
annuity shall be the amount equal to 55 percent of the retired
pay of the person providing the annuity (as that pay is
determined under subsection (c)).
``(3) Social security offset.--An annuity computed under this
subsection shall be reduced by the lesser of the following:
``(A) Social security computation.--The amount of the
survivor benefit, if any, to which the surviving spouse (or the
former spouse, in the case of a former spouse beneficiary who
became a former spouse under a divorce that became final after
November 29, 1989) would be entitled under title II of the
Social Security Act (42 U.S.C. 401 et seq.) based solely upon
service by the person concerned as described in section
210(l)(1) of such Act (42 U.S.C. 410(l)(1)) and calculated
assuming that the person concerned lives to age 65.
``(B) Maximum amount of reduction.--40 percent of the
amount of the monthly annuity as determined under paragraph
(2).
``(4) Special rules for social security offset computation.--
``(A) Treatment of deductions made on account of work.--For
the purpose of paragraph (3), a surviving spouse (or a former
spouse, in the case of a person who becomes a former spouse
under a divorce that becomes final after November 29, 1989)
shall not be considered as entitled to a benefit under title II
of the Social Security Act (42 U.S.C. 401 et seq.) to the
extent that such benefit has been offset by deductions under
section 203 of such Act (42 U.S.C. 403) on account of work.
``(B) Treatment of certain periods for which social
security refunds are made.--In the computation of any reduction
made under paragraph (3), there shall be excluded any period of
service described in section 210(l)(1) of the Social Security
Act (42 U.S.C. 410(l)(1))--
``(i) which was performed after December 1, 1980; and
``(ii) which involved periods of service of less than
30 continuous days for which the person concerned is
entitled to receive a refund under section 6413(c) of the
Internal Revenue Code of 1986 of the social security tax
which the person had paid.
``(f) Determination of Percentages Applicable to Computation of
Reserve-Component Annuities.--The percentage to be applied in
determining the amount of an annuity computed under subsection (a)(2),
(b)(2), or (e)(2)(B) shall be determined under regulations prescribed
by the Secretary of Defense. Such regulations shall be prescribed
taking into consideration the following:
``(1) The age of the person electing to provide the annuity at
the time of such election.
``(2) The difference in age between such person and the
beneficiary of the annuity.
``(3) Whether such person provided for the annuity to become
effective (in the event he died before becoming 60 years of age) on
the day after his death or on the 60th anniversary of his birth.
``(4) Appropriate group annuity tables.
``(5) Such other factors as the Secretary considers relevant.
``(g) Adjustments to Annuities.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in annuities when retired pay increased.--
Whenever retired pay is increased under section 1401a of this
title (or any other provisionof law), each annuity that is
payable under the Plan shall be increased at the same time.
``(B) Percentage of increase.--The increase shall, in the
case of any annuity, be by the same percent as the percent by
which the retired pay of the person providing the annuity would
have been increased at such time if the person were alive (and
otherwise entitled to such pay).
``(C) Certain reductions to be disregarded.--The amount of
the increase shall be based on the monthly annuity payable
before any reduction under section 1450(c) of this title or
under subsection (c)(2).
``(2) Rounding down.--The monthly amount of an annuity payable
under this subchapter, if not a multiple of $1, shall be rounded to
the next lower multiple of $1.
``(h) Adjustments to Base Amount.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in base amount when retired pay
increased.--Whenever retired pay is increased under section
1401a of this title (or any other provision of law), the base
amount applicable to each participant in the Plan shall be
increased at the same time.
``(B) Percentage of increase.--The increase shall be by the
same percent as the percent by which the retired pay of the
participant is so increased.
``(2) Recomputation at age 62.--When the retired pay of a
person who first became a member of a uniformed service on or after
August 1, 1986, and who is a participant in the Plan is recomputed
under section 1410 of this title upon the person's becoming 62
years of age, the base amount applicable to that person shall be
recomputed (effective on the effective date of the recomputation of
such retired pay under section 1410 of this title) so as to be the
amount equal to the amount of the base amount that would be in
effect on that date if increases in such base amount under
paragraph (1) had been computed as provided in paragraph (2) of
section 1401a(b) of this title (rather than under paragraph (3) of
that section).
``(3) Disregarding of retired pay reductions for retirement
before 30 years of service.--Computation of a member's retired pay
for purposes of this section shall be made without regard to any
reduction under section 1409(b)(2) of this title.
``(i) Recomputation of Annuity for Certain Beneficiaries.--In the
case of an annuity under the Plan which is computed on the basis of the
retired pay of a person who would have been entitled to have that
retired pay recomputed under section 1410 of this title upon attaining
62 years of age, but who dies before attaining that age, the annuity
shall be recomputed, effective on the first day of the first month
beginning after the date on which the member or former member would
have attained 62 years of age, so as to be the amount equal to the
amount of the annuity that would be in effect on that date if increases
under subsection (h)(1) in the base amount applicable to that annuity
to the time of the death of the member or former member, and increases
in such annuity under subsection (g)(1), had been computed as provided
in paragraph (2) of section 1401a(b) of this title (rather than under
paragraph (3) of that section).
``Sec. 1452. Reduction in retired pay
``(a) Spouse and Former Spouse Annuities.--
``(1) Required reduction in retired pay.--Except as provided in
subsection (b), the retired pay of a participant in the Plan who is
providing spouse coverage (as described in paragraph (5)) shall be
reduced as follows:
``(A) Standard annuity.--If the annuity coverage being
providing is a standard annuity, the reduction shall be as
follows:
``(i) Disability and nonregular service re- tirees.--In
the case of a person who is entitled to retired pay under
chapter 61 or chapter 1223 of this title, the reduction
shall be in whichever of the alternative reduction amounts
is more favorable to that person.
``(ii) Members as of enactment of flat-rate
reduction.--In the case of a person who first became a
member of a uniformed service before March 1, 1990, the
reduction shall be in whichever of the alternative
reduction amounts is more favorable to that person.
``(iii) New entrants after enactment of flat-rate
reduction.--In the case of a person who first becomes a
member of a uniformed service on or after March 1, 1990,
and who is entitled to retired pay under a provision of law
other than chapter 61 or chapter 1223 of this title, the
reduction shall be in an amount equal to 6\1/2\ percent of
the base amount.
``(iv) Alternative reduction amounts.--For purposes of
clauses (i) and (ii), the alternative reduction amounts are
the following:
``(I) Flat-rate reduction.--An amount equal to 6\1/
2\ percent of the base amount.
``(II) Amount under pre-flat-rate reduction.--An
amount equal to 2\1/2\ percent of the first $337 (as
adjusted after November 1, 1989, under paragraph (4))
of the base amount plus 10 percent of the remainder of
the base amount.
``(B) Reserve-component annuity.--If the annuity coverage
being provided is a reserve-component annuity, the reduction
shall be in whichever of the following amounts is more
favorable to that person:
``(i) Flat-rate reduction.--An amount equal to 6\1/2\
percent of the base amount plus an amount determined in
accordance with regulations prescribed by the Secretary of
Defense as a premium for the additional coverage provided
throughreserve-component annuity coverage under the Plan.
``(ii) Amount under pre-flat-rate reduction.--An amount
equal to 2\1/2\ percent of the first $337 (as adjusted
after November 1, 1989, under paragraph (4)) of the base
amount plus 10 percent of the remainder of the base amount
plus an amount determined in accordance with regulations
prescribed by the Secretary of Defense as a premium for the
additional coverage provided through reserve-component
annuity coverage under the Plan.
``(2) Additional reduction for child coverage.--If there is a
dependent child as well as a spouse or former spouse, the amount
prescribed under paragraph (1) shall be increased by an amount
prescribed under regulations of the Secretary of Defense.
``(3) No reduction when no beneficiary.--The reduction in
retired pay prescribed by paragraph (1) shall not be applicable
during any month in which there is no eligible spouse or former
spouse beneficiary.
``(4) Periodic adjustments.--
``(A) Adjustments for increases in rates of basic pay.--
Whenever there is an increase in the rates of basic pay of
members of the uniformed services effective on or after October
1, 1985, the amounts under paragraph (1) with respect to which
the percentage factor of 2\1/2\ is applied shall be increased
by the overall percentage of such increase in the rates of
basic pay. The increase under the preceding sentence shall
apply only with respect to persons whose retired pay is
computed based on the rates of basic pay in effect on or after
the date of such increase in rates of basic pay.
``(B) Adjustments for retired pay colas.--In addition to
the increase under subparagraph (A), the amounts under
paragraph (1) with respect to which the percentage factor of
2\1/2\ is applied shall be further increased at the same time
and by the same percentage as an increase in retired pay under
section 1401a of this title effective on or after October 1,
1985. Such increase under the preceding sentence shall apply
only with respect to a person who initially participates in the
Plan on a date which is after both the effective date of such
increase under section 1401a and the effective date of the
rates of basic pay upon which that person's retired pay is
computed.
``(5) Spouse coverage described.--For the purposes of paragraph
(1), a participant in the Plan who is providing spouse coverage is
a participant who--
``(A) has (i) a spouse or former spouse, or (ii) a spouse
or former spouse and a dependent child; and
``(B) has not elected to provide an annuity to a person
designated by him under section 1448(b)(1) of this title or,
having made such an election, has changed his election in favor
of his spouse under section 1450(f) of this title.
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay of a
participant in the Plan who is providing child-only coverage (as
described in paragraph (4)) shall be reduced by an amount
prescribed under regulations by the Secretary of Defense.
``(2) No reduction when no child.--There shall be no reduction
in retired pay under paragraph (1) for any month during which the
participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the case
of a participant in the Plan who is participating in the Plan under
an election under section 1448(a)(2)(B) of this title and who
provided child-only coverage during a period before the participant
becomes entitled to receive retired pay, the retired pay of the
participant shall be reduced by an amount prescribed under
regulations by the Secretary of Defense to reflect the coverage
provided under the Plan during the period before the participant
became entitled to receive retired pay. A reduction under this
paragraph is in addition to any reduction under paragraph (1) and
is made without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of this
subsection, a participant in the Plan who is providing child-only
coverage is a participant who has a dependent child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.
``(c) Reduction for Insurable Interest Coverage.--
``(1) Required reduction in retired pay.--The retired pay of a
person who has elected to provide an annuity to a person designated
by him under section 1450(a)(4) of this title shall be reduced as
follows:
``(A) Standard annuity.--In the case of a person providing
a standard annuity, the reduction shall be by 10 percent plus 5
percent for each full five years the individual designated is
younger than that person.
``(B) Reserve component annuity.--In the case of a person
providing a reserve-component annuity, the reduction shall be
by an amount prescribed under regulations of the Secretary of
Defense.
``(2) Limitation on total reduction.--The total reduction under
paragraph (1) may not exceed 40 percent.
``(3) Duration of reduction.--The reduction in retired pay
prescribed by this subsection shall continue during the lifetime of
the person designated under section 1450(a)(4) of this title or
until the person receiving retired pay changes his election under
section 1450(f) of this title.
``(4) Rule for computation.--Computation of a member's retired
pay for purposes of this subsection shallbe made without regard to
any reduction under section 1409(b)(2) of this title.
``(d) Deposits To Cover Periods When Retired Pay Not Paid.--
``(1) Required deposits.--If a person who has elected to
participate in the Plan has been awarded retired pay and is not
entitled to that pay for any period, that person must deposit in
the Treasury the amount that would otherwise have been deducted
from his pay for that period.
``(2) Deposits not required when participant on active duty.--
Paragraph (1) does not apply to a person with respect to any period
when that person is on active duty under a call or order to active
duty for a period of more than 30 days.
``(e) Deposits Not Required for Certain Participants in CSRS.--When
a person who has elected to participate in the Plan waives that
person's retired pay for the purposes of subchapter III of chapter 83
of title 5, that person shall not be required to make the deposit
otherwise required by subsection (d) as long as that waiver is in
effect unless, in accordance with section 8339(i) of title 5, that
person has notified the Office of Personnel Management that he does not
desire a spouse surviving him to receive an annuity under section
8331(b) of title 5.
``(f) Refunds of Deductions Not Allowed.--
``(1) General rule.--A person is not entitled to refund of any
amount deducted from retired pay under this section.
``(2) Exceptions.--Paragraph (1) does not apply--
``(A) in the case of a refund authorized by section 1450(e)
of this title; or
``(B) in case of a deduction made through administrative
error.
``(g) Discontinuation of Participation by Participants Whose
Surviving Spouses Will Be Entitled to DIC.--
``(1) Discontinuation.--
``(A) Conditions.--Notwithstanding any other provision of
this subchapter but subject to paragraphs (2) and (3), a person
who has elected to participate in the Plan and who is suffering
from a service-connected disability rated by the Secretary of
Veterans Affairs as totally disabling and has suffered from
such disability while so rated for a continuous period of 10 or
more years (or, if so rated for a lesser period, has suffered
from such disability while so rated for a continuous period of
not less than 5 years from the date of such person's last
discharge or release from active duty) may discontinue
participation in the Plan by submitting to the Secretary
concerned a request to discontinue participation in the Plan.
``(B) Effective date.--Participation in the Plan of a
person who submits a request under subparagraph (A) shall be
discontinued effective on the first day of the first month
following the month in which the request under subparagraph (A)
is received by the Secretary concerned. Effective on such date,
the Secretary concerned shall discontinue the reduction being
made in such person's retired pay on account of participation
in the Plan or, in the case of a person who has been required
to make deposits in the Treasury on account of participation in
the Plan, such person may discontinue making such deposits
effective on such date.
``(C) Form for request for discontinuation.--Any request
under this paragraph to discontinue participation in the Plan
shall be in such form and shall contain such information as the
Secretary concerned may require by regulation.
``(2) Consent of beneficiaries required.--A person described in
paragraph (1) may not discontinue participation in the Plan under
such paragraph without the written consent of the beneficiary or
beneficiaries of such person under the Plan.
``(3) Information on plan to be provided by secretary
concerned.--
``(A) Information to be provided promptly to participant.--
The Secretary concerned shall furnish promptly to each person
who files a request under paragraph (1) to discontinue
participation in the Plan a written statement of the advantages
of participating in the Plan and the possible disadvantages of
discontinuing participation.
``(B) Right to withdraw discontinuation request.--A person
may withdraw a request made under paragraph (1) if it is
withdrawn within 30 days after having been submitted to the
Secretary concerned.
``(4) Refund of deductions from retired pay.--Upon the death of
a person described in paragraph (1) who discontinued participation
in the Plan in accordance with this subsection, any amount deducted
from the retired pay of that person under this section shall be
refunded to the person's surviving spouse.
``(5) Resumption of participation in plan.--
``(A) Conditions for resumption.--A person described in
paragraph (1) who discontinued participation in the Plan may
elect to participate again in the Plan if--
``(i) after having discontinued participation in the
Plan the Secretary of Veterans Affairs reduces that
person's service-connected disability rating to a rating of
less than total; and
``(ii) that person applies to the Secretary concerned,
within such period of time after the reduction in such
person's service-connected disability rating has been made
as the Secretary concerned may prescribe, to again
participate in the Plan and includes in such application
such information as the Secretary concerned may require.
``(B) Effective date of resumed coverage.--Such person's
participation in the Plan underthis paragraph is effective
beginning on the first day of the month after the month in which the
Secretary concerned receives the application for resumption of
participation in the Plan.
``(C) Resumption of contributions.--When a person elects to
participate in the Plan under this paragraph, the Secretary
concerned shall begin making reductions in that person's
retired pay, or require such person to make deposits in the
Treasury under subsection (d), as appropriate, effective on the
effective date of such participation under subparagraph (B).
``(h) Increases in Reduction With Increases in Retired Pay.--
``(1) General rule.--Whenever retired pay is increased under
section 1401a of this title (or any other provision of law), the
amount of the reduction to be made under subsection (a) or (b) in
the retired pay of any person shall be increased at the same time
and by the same percentage as such retired pay is so increased.
``(i) Recomputation of Reduction Upon Recomputation of Retired
Pay.--When the retired pay of a person who first became a member of a
uniformed service on or after August 1, 1986, and who is a participant
in the Plan is recomputed under section 1410 of this title upon the
person's becoming 62 years of age, the amount of the reduction in such
retired pay under this section shall be recomputed (effective on the
effective date of the recomputation of such retired pay under section
1410 of this title) so as to be the amount equal to the amount of such
reduction that would be in effect on that date if increases in such
retired pay under section 1401a(b) of this title, and increases in
reductions in such retired pay under subsection (h), had been computed
as provided in paragraph (2) of section 1401a(b) of this title (rather
than under paragraph (3) of that section).
``Sec. 1453. Recovery of amounts erroneously paid
``(a) Recovery.--In addition to any other method of recovery
provided by law, the Secretary concerned may authorize the recovery of
any amount erroneously paid to a person under this subchapter by
deduction from later payments to that person.
``(b) Authority To Waive Recovery.--Recovery of an amount
erroneously paid to a person under this subchapter is not required if,
in the judgment of the Secretary concerned and the Comptroller
General--
``(1) there has been no fault by the person to whom the amount
was erroneously paid; and
``(2) recovery of such amount would be contrary to the purposes
of this subchapter or against equity and good conscience.
``Sec. 1454. Correction of administrative errors
``(a) Authority.--The Secretary concerned may, under regulations
prescribed under section 1455 of this title, correct or revoke any
election under this subchapter when the Secretary considers it
necessary to correct an administrative error.
``(b) Finality.--Except when procured by fraud, a correction or
revocation under this section is final and conclusive on all officers
of the United States.
``Sec. 1455. Regulations
``(a) In General.--The President shall prescribe regulations to
carry out this subchapter. Those regulations shall, so far as
practicable, be uniform for the uniformed services.
``(b) Notice of Elections.--Regulations prescribed under this
section shall provide that before the date on which a member becomes
entitled to retired pay--
``(1) if the member is married, the member and the member's
spouse shall be informed of the elections available under section
1448(a) of this title and the effects of such elections; and
``(2) if the notification referred to in section 1448(a)(3)(E)
of this title is required, any former spouse of the member shall be
informed of the elections available and the effects of such
elections.
``(c) Procedure for Depositing Certain Receipts.--Regulations
prescribed under this section shall establish procedures for depositing
the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of
this title.
``(d) Payments to Guardians and Fiduciaries.--
``(1) In general.--Regulations prescribed under this section
shall provide procedures for the payment of an annuity under this
subchapter in the case of--
``(A) a person for whom a guardian or other fiduciary has
been appointed; and
``(B) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has not
been appointed.
``(2) Authorized procedures.--The regulations under paragraph
(1) may include provisions for the following:
``(A) In the case of an annuitant referred to in paragraph
(1)(A), payment of the annuity to the appointed guardian or
other fiduciary.
``(B) In the case of an annuitant referred to in paragraph
(1)(B), payment of the annuity to any person who, in the
judgment of the Secretary concerned, is responsible for the
care of the annuitant.
``(C) Subject to subparagraphs (D) and (E), a requirement
for the payee of an annuity to spend or invest the amounts paid
on behalf of the annuitant solely for benefit of the annuitant.
``(D) Authority for the Secretary concerned to permit the
payee to withhold from the annuity payment such amount, not in
excess of 4 percent of the annuity, as the Secretary concerned
considers a reasonable fee for the fiduciary services of the
payee when a court appointment order provides for payment of
such a fee to the payee for such services or the Secretary
concerned determines that payment of a fee to such payee is
necessary in order to obtain the fiduciary services of the
payee.
``(E) Authority for the Secretary concerned to require the
payee to provide a surety bond in an amountsufficient to
protect the interests of the annuitant and to pay for such bond out of
the annuity.
``(F) A requirement for the payee of an annuity to maintain
and, upon request, to provide to the Secretary concerned an
accounting of expenditures and investments of amounts paid to
the payee.
``(G) In the case of an annuitant referred to in paragraph
(1)(B)--
``(i) procedures for determining incompetency and for
selecting a payee to represent the annuitant for the
purposes of this section, including provisions for
notifying the annuitant of the actions being taken to make
such a determination and to select a representative payee,
an opportunity for the annuitant to review the evidence
being considered, and an opportunity for the annuitant to
submit additional evidence before the determination is
made; and
``(ii) standards for determining incompetency,
including standards for determining the sufficiency of
medical evidence and other evidence.
``(H) Provisions for any other matter that the President
considers appropriate in connection with the payment of an
annuity in the case of a person referred to in paragraph (1).
``(3) Legal effect of payment to guardian or fiduciary.--An
annuity paid to a person on behalf of an annuitant in accordance
with the regulations prescribed pursuant to paragraph (1)
discharges the obligation of the United States for payment to the
annuitant of the amount of the annuity so paid.''.
SEC. 635. INCREASES IN SURVIVOR BENEFIT PLAN CONTRIBUTIONS TO BE
EFFECTIVE CONCURRENTLY WITH PAYMENT OF RETIRED PAY COST-OF-LIVING
INCREASES.
(a) Survivor Benefit Plan.--Section 1452(h) of title 10, United
States Code, as amended by section 634, is amended by adding at the end
the following new paragraph:
``(2) Coordination when payment of increase in retired pay is
delayed by law.--
``(A) In general.--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 for a month that begins 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) Delay not to affect computation of annuity.--
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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to retired pay payable for months beginning on or
after the date of the enactment of this Act.
SEC. 636. AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES'
PROTECTION ACT.
(a) Manner of Service of Process.--Subsection (b)(1)(A) of section
1408 of title 10, United States Code, is amended by striking out
``certified or registered mail, return receipt requested'' and
inserting in lieu thereof ``facsimile or electronic transmission or by
mail''.
(b) Subsequent Court Order From Another State.--Subsection (d) of
such section is amended by adding at the end the following new
paragraph:
``(6)(A) The Secretary concerned may not accept service of a court
order that is an out-of State modification, or comply with the
provisions of such a court order, unless the court issuing that order
has jurisdiction in the manner specified in subsection (c)(4) over both
the member and the spouse or former spouse involved.
``(B) A court order shall be considered to be an out-of-State
modification for purposes of this paragraph if the order--
``(i) modifies a previous court order under this section upon
which payments under this subsection are based; and
``(ii) is issued by a court of a State other than the State of
the court that issued the previous court order.''.
SEC. 637. 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) Subsection
(c) of section 8332 of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(4) If, after January 1, 1997, 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 the employee or Member authorizes the Director to deduct and
withhold from the annuitypayable to the employee or Member under this
subchapter an amount equal to the amount that, if the annuity payment
was instead a payment of the employee's or Member's retired pay, would
have been deducted and withheld and paid to the former spouse covered
by the court order under such section 1408. The amount deducted and
withheld under this paragraph shall be paid to that former spouse. The
period of civil service employment by the employee or Member shall not
be taken into consideration in determining the amount of the deductions
and withholding or the amount of the payment to the former spouse. The
Director of the Office of Personnel Management shall prescribe
regulations to carry out this paragraph.''.
(2) Paragraph (1) of such subsection is amended by striking out
``Except as provided in paragraph (2)'' and inserting in lieu thereof
``Except as provided in paragraphs (2) and (4)''.
(b) Federal Employees' Retirement System.--(1) Subsection (c) of
section 8411 of title 5, United States Code, is amended by adding at
the end the following new paragraph:
``(5) If, after January 1, 1997, 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
the employee or Member authorizes the Director to deduct and withhold
from the annuity payable to the employee or Member under this
subchapter an amount equal to the amount that, if the annuity payment
was instead a payment of the employee's or Member's retired pay, would
have been deducted and withheld and paid to the former spouse covered
by the court order under such section 1408. The amount deducted and
withheld under this paragraph shall be paid to that former spouse. The
period of civil service employment by the employee or Member shall not
be taken into consideration in determining the amount of the deductions
and withholding or the amount of the payment to the former spouse. The
Director of the Office of Personnel Management shall prescribe
regulations to carry out this paragraph.''.
(2) 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.
SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM INCOME
WIDOWS.
(a) Adjusted Annual Income Limitation Appliable to Eligibility for
Income Supplement.--(1) Section 4 of Public Law 92-425 (10 U.S.C. 1448
note) is amended--
(A) in subsection (a)(3), by striking out ``$2,340'' and
inserting in lieu thereof ``the maximum annual rate of pension in
effect under section 1541(b) of title 38, United States Code''; and
(B) in the first sentence of subsection (b), by striking out
``$2,340 a year'' and inserting in lieu thereof ``the maximum
annual rate of pension in effect under section 1541(b) of title 38,
United States Code''.
(2) Subsection (c) of such section is repealed.
(b) Payments To Be Made by Secretary of Veterans Affairs.--Such
section is further amended by adding at the end the following new
subsection:
``(e)(1) Payment of annuities under this section shall be made by
the Secretary of Veterans Affairs. If appropriate for administrative
convenience (or otherwise determined appropriate by the Secretary of
Veterans Affairs), that Secretary may combine a payment to any person
for any month under this section with any other payment for that month
under laws administered by the Secretary so as to provide that person
with a single payment for that month.
``(2) The Secretary concerned shall annually transfer to the
Secretary of Veterans Affairs such amounts as may be necessary for
payments by the Secretary of Veterans Affairs under this section and
for costs of the Secretary of Veterans Affairs in administering this
section. Such transfers shall be made from amounts that would otherwise
be used for payment of annuities by the Secretary concerned under this
section. The authority to make such a transfer is in addition to any
other authority of the Secretary concerned to transfer funds for a
purpose other than the purpose for which the funds were originally made
available. In the case of a transfer by the Secretary of a military
department, the provisions of section 2215 of title 10, United States
Code, do not apply.
``(3) The Secretary concerned shall promptly notify the Secretary
of Veterans Affairs of any change in beneficiaries under this
section.''.
(c) Clarification of Continuing Eligiblity for Department of
Veterans Affairs Pension.--Such section, as amended by subsection
(a)(2), is further amended by inserting after subsection (b) the
following new subsection (c):
``(c) The amount of an annuity payable under this section, although
counted as income in determining the amount of any pension described in
subsection (a)(2) of this section, shall not be considered to affect
the eligiblity of the recipient of such annuity for such pension, even
though, as a result of including the amount of the annuity as income,
no amount of such pension is due.''.
(d) Effective Date.--The amendments made by this section take
effect on July 1, 1997, and apply with respect to payments of benefits
for any month after June 1997.
Subtitle E--Other Matters
SEC. 651. DISCRETIONARY ALLOTMENT OF PAY, INCLUDING RETIRED OR
RETAINER PAY.
(a) Allotments Authorized.--Section 701 of title 37, United States
Code, is amended by striking out subsection (d) and inserting in lieu
thereof the following new subsections:
``(d) Under regulations prescribed by the Secretary of Defense, a
member of the Army, Navy, Air Force, or Marine Corps and a contract
surgeon of the Army, Navy, or Air Force may make allotments from the
pay of the member or surgeon for the purpose of supporting relatives or
for any other purpose that the Secretary considers proper. Such
allotments may include a maximum of six allotments considered to be
discretionary under such regulations. For a member or former member
entitled to retired or retainer pay, a maximum of six discretionary
allotments authorized during active military service may be continued
into retired status, and new discretionary allotments may be authorized
so long as the total number of discretionary allotments does not exceed
six.
``(e) If an allotment made under subsection (d) is paid to the
allottee before the disbursing officer receives a notice of
discontinuance from the officer required by regulation to furnish the
notice, the amount of the allotment shall be credited to the disbursing
officer. If an allotment is erroneously paid because the officer
required by regulation to so report failed to report the death of the
allotter or any other fact that makes the allotment not payable, the
amount of the payment not recovered from the allottee shall, if
practicable, be collected by the Secretary concerned from the officer
who failed to make the report.''.
(b) Issuance of Regulations.--The Secretaries of the military
departments shall prescribe regulations under subsection (d) of section
701 of title 37, United States Code, as added by subsection (a), not
later than October 1, 1997.
SEC. 652. REIMBURSEMENT FOR ADOPTION EXPENSES INCURRED IN ADOPTIONS
THROUGH PRIVATE PLACEMENTS.
(a) Department of Defense.--Section 1052(g) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the end of
the first sentence and inserting in lieu thereof ``qualified
adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child placement
through adoption.
``(B) A nonprofit, voluntary adoption agency which is
authorized by State or local law to place children for
adoption.
``(C) Any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law.''.
(b) Coast Guard.--Section 514(g) of title 14, United States Code,
is amended--
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the end of
the first sentence and inserting in lieu thereof ``qualified
adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child placement
through adoption.
``(B) A nonprofit, voluntary adoption agency which is
authorized by State or local law to place children for
adoption.
``(C) Any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law.''.
SEC. 653. WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX PURPOSES
FROM CERTAIN SEPARATION PAY.
(a) In General.--Section 1174(h)(2) of title 10, United States
Code, is amended by inserting before the period at the end of the first
sentence the following: ``, less the amount of Federal income tax
withheld from such pay (such withholding being at the flat withholding
rate for Federal income tax withholding, as in effect pursuant to
regulations prescribed under chapter 24 of the Internal Revenue Code of
1986)''.
(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 September
30, 1996.
SEC. 654. TECHNICAL CORRECTION CLARIFYING LIMITATION ON FURNISHING
CLOTHING OR ALLOWANCES FOR 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. 655. TECHNICAL CORRECTION TO PRIOR AUTHORITY FOR PAYMENT OF
BACKPAY TO CERTAIN PERSONS.
Section 634 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 366) is amended--
(1) in subsection (b)(1), by striking out ``Island of Bataan''
and inserting in lieu thereof ``peninsula of Bataan or island of
Corregidor''; and
(2) in subsection (c), by inserting after the first sentence
the following: ``For the purposes of this subsection, the Secretary
of War shall be deemed to have determinedthat conditions in the
Philippines during the specified period justified payment under
applicable regulations of quarters and subsistence allowances at the
maximum special rate for duty where emergency conditions existed.''.
SEC. 656. COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR MEDAL
WHO DID NOT PREVIOUSLY RECEIVE COMPENSATION AS A PRISONER OF WAR.
(a) Authority To Make Payments.--The Secretary of the military
department concerned shall make payments in the manner provided in
section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) to (or on
behalf of) any person described in subsection (b) who submits an
application for such payment in accordance with subsection (d).
(b) Eligible Persons.--This section applies with respect to a
member or former member of the Armed Forces who--
(1) has received the prisoner of war medal under section 1128
of title 10, United States Code; and
(2) has not previously received a payment under section 6 of
the War Claims Act of 1948 (50 U.S.C. App. 2005) with respect to
the period of internment for which the person received the prisoner
of war medal.
(c) Amount of Payment.--The amount of the payment to any person
under this section shall be determined based upon the provisions of
section 6 of the War Claims Act of 1948 that are applicable with
respect to the period of time during which the internment occurred for
which the person received the prisoner of war medal.
(d) One-Year Period for Submission of Applications.--A payment may
be made by reason of this section only in the case of a person who
submits an application to the Secretary concerned for such payment
during the one-year period beginning on the date of the enactment of
this Act. Any such application shall be submitted in such form and
manner as the Secretary may require.
SEC. 657. PAYMENTS TO CERTAIN PERSONS CAPTURED AND INTERNED BY
NORTH VIETNAM.
(a) Payment Authorized to Eligible Persons.--(1) Using amounts made
available under subsection (g), the Secretary of Defense shall make a
payment under this section to a person who demonstrates to the
satisfaction of the Secretary of Defense that the person was captured
and incarcerated by the Democratic Republic of Vietnam as a result of
the participation by the person in operations conducted under OPLAN 34A
or its predecessor.
(2) Using amounts made available under subsection (g), the
Secretary of Defense shall also make a payment under this section to a
person who demonstrates to the satisfaction of the Secretary of Defense
that the person--
(A) served as a Vietnamese operative pursuant to OPLAN 35;
(B) was captured and incarcerated by North Vietnamese forces as
a result of the participation by the person in operations in Laos
or along the Lao-Vietnamese border pursuant to OPLAN 35;
(C) remained in captivity after 1973 (or died in captivity);
and
(D) has not previously received payment from the United States
for the period spent in captivity.
(3) A payment may not be made under this section to, or with
respect to, a person who the Secretary of Defense determines, based on
the available evidence, served in the Peoples Army of Vietnam or
provided active assistance to the Government of the Democratic Republic
of Vietnam during the period from 1958 through 1975.
(b) Effect of Death of Eligible Person.--In the case of a decedent
who would have been eligible for a payment under this section if alive,
the documentation required under subsection (a) may be provided by
survivors of the decedent, and the payment under this section shall be
made to survivors of the decedent in the following order:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children
(including natural children and adopted children) of the decedent,
in equal shares.
(c) Amount Payable.--The amount payable to, or with respect to, a
person under this section is $40,000. If a person can demonstrate to
the Secretary of Defense that confinement or incarceration exceeded 20
years, the Secretary may pay an additional $2,000 for each full year in
excess of 20 (and a proportionate amount for a partial year), but the
total amount paid to, or with respect to, a person under this section
may not exceed $50,000.
(d) Time Limitations.--(1) To be eligible for a payment under this
section, a claimant must file a claim for such payment 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 receiving a claim for payment
under this section, the Secretary shall determine the eligibility of
the claimant for payment of the claim. Subject to subsection (f), if
the Secretary determines that the claimant is eligible for the payment,
the Secretary shall promptly pay the claim.
(e) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall include
procedures by which persons may submit claims for payment under this
section. Such regulations shall be prescribed not later than six months
after the date of the enactment of this Act.
(2) The Secretary of Defense may establish guidelines regarding
what constitutes adequate documentation for determining whether a
person satisfies the requirements specified in subsection (a) regarding
eligibility for a payment under this section. Such guidelines shall be
established in consultation with the heads of other agencies of the
Government involved with OPLAN 34A or its predecessor or OPLAN 35.
(f) Limitation on Disbursement.--(1) The actual disbursement of a
payment under this section may be made onlyto the person who is
eligible for the payment under subsection (a) or (b) and only--
(A) upon the appearance of that person, in person, at any
designated disbursement office in the United States or its
territories; or
(B) at such other location or in such other manner as that
person may request in writing.
(2) In the case of a claim approved for payment but not disbursed
as a result of operation of paragraph (1), the Secretary of Defense
shall hold the funds in trust for the person in an interest bearing
account until such time as the person makes an election under such
paragraph.
(g) Funding.--To the extent provided in advance for this section in
appropriations Acts, of amounts authorized to be appropriated under
section 301(24) for this purpose, $20,000,000 shall be available until
expended for payments under this section.
(h) Payment in Full Satisfaction of Claims Against the United
States.--The acceptance of payment by, or with respect to, a person
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 or OPLAN 35.
(i) Attorney Fees.--Notwithstanding any contract, the
representative of a person may not receive, for services rendered in
connection with the claim of, or with respect to, a person under this
section, more than 10 percent of a payment made under this section on
that claim.
(j) 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
section have no right to judicial review, and such review is
specifically precluded.
(k) Reports to Congress.--(1) Not later than 24 months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the payment of claims under this
section.
(2) After the submission of the report under paragraph (1), the
Secretary shall periodically submit to Congress a report on the status
of payment of claims under this section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical munitions while
serving as members of the Armed Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--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.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial Assistance program
and Uniformed Services University of the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance program.
Subtitle A--Health Care Services
SEC. 701. 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. Certain 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. Certain 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''.
SEC. 702. IMPLEMENTATION OF REQUIREMENT FOR SELECTED RESERVE DENTAL
INSURANCE PLAN.
(a) Implementation by Contract.--Subsection (a) of section 1076b 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 new paragraph:
``(2) The Secretary shall provide benefits under the plan through
one or more contracts awarded after full and open competition.''.
(b) Collection of Premiums of Members Not Receiving Basic Pay.--
Subsection (b)(3) of such section is amended by adding at the end the
following: ``In the case of a member who does not receive basic pay,
the Secretary of Defense shall establish procedures for the collection
of the member's share of the premium for coverage.''.
(c) 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) in the first sentence, by striking out ``October 1, 1996''
and inserting in lieu thereof ``October 1, 1997''; and
(2) by striking out ``fiscal year 1996'' both places it appears
and inserting in lieu thereof ``fiscal years 1996 and 1997''.
SEC. 703. DENTAL INSURANCE PLAN FOR MILITARY RETIREES AND
UNREMARRIED SURVIVING SPOUSES AND CERTAIN OTHER DEPENDENTS OF
MILITARY RETIREES.
(a) Establishment of Dental Plan.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1076b the
following new section:
``Sec. 1076c. Dental insurance plan: certain retirees and their
surviving spouses and other dependents
``(a) Requirement for Plan.--The Secretary of Defense shall
establish a dental insurance plan for military retirees, certain
unremarried surviving spouses, and dependents in accordance with this
section.
``(b) Persons Eligible for Plan.--The following persons are
eligible to enroll in the dental insurance plan established under
subsection (a):
``(1) Members of the Armed Forces who are entitled to retired
pay.
``(2) Members of the Retired Reserve who would be entitled to
retired pay under chapter 1223 of this title but for being under 60
years of age.
``(3) Eligible dependents of a member described in paragraph
(1) or (2) who are covered by the enrollment of the member in the
plan.
``(4) The unremarried surviving spouse and eligible child
dependents of a deceased member--
``(A) who dies while in a status described in paragraph (1)
or (2); or
``(B) who is described in section 1448(d)(1) of this title.
``(c) Premiums.--(1) A member enrolled in the dental insurance plan
established under subsection (a) shall pay the premiums charged for the
insurance coverage.
``(2) The amount of the premiums payable by a member entitled to
retired pay shall be deducted and withheld from the retired pay and
shall be disbursed to pay the premiums. The regulations prescribed
under subsection (h) shall specify the procedures for payment of the
premiums by other enrolled members and by enrolled surviving spouses.
``(d) Benefits Available Under the 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.
``(e) Coverage.--(1) The Secretary shall prescribe a minimum
required period for enrollment by a member or surviving spouse in the
dental insurance plan established under subsection (a).
``(2) The dental insurance plan shall provide for voluntary
enrollment of participants and shall authorize a member or eligible
unremarried surviving spouse to enroll for self only or for self and
eligible dependents.
``(f) Termination of Enrollment.--The Secretary shall terminate the
enrollment of any enrollee, and any eligible dependents of the enrollee
covered by the enrollment, in the dental insurance plan established
under subsection (a) upon the occurrence of the following:
``(1) In the case of an enrollment under subsection (b)(1),
termination of the member's entitlement to retired pay.
``(2) In the case of an enrollment under subsection (b)(2),
termination of the member's status as a member of the Retired
Reserve.
``(3) In the case of an enrollment under subsection (b)(4),
remarriage of the surviving spouse.
``(g) Continuation of Dependents' Enrollment Upon Death of
Enrollee.--Coverage of a dependent in the dental insurance plan
established under subsection (a) under an enrollment of a member or a
surviving spouse who dies during the period of enrollment shall
continue until the end of that period and may be renewed by (or for)
the dependent, so long as the premium paid is sufficient to cover
continuation of the dependent's enrollment. The Secretary may terminate
coverage of the dependent when the premiums paid are no longer
sufficient to cover continuation of the enrollment. The Secretary shall
prescribe in regulations under subsection (h) the parties responsible
for paying the remaining premiums due on the enrollment and the manner
for collection of the premiums.
``(h) Regulations.--The dental insurance plan established under
subsection (a) shall be administered under regulations prescribed by
the Secretary of Defense, in consultation with the Secretary of
Transportation.
``(i) Definitions.--In this section:
``(1) The term `eligible dependent' means a dependent described
in subparagraph (A), (D), or (I) of section 1072(2) of this title.
``(2) The term `eligible child dependent' means a dependent
described in subparagraph (D) or (I) of section 1072(2) of this
title.
``(3) The term `retired pay' includes retainer pay.''.
(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. Dental insurance plan: certain retirees and their surviving
spouses and other dependents.''.
(b) Implementation.--Beginning not later than October 1, 1997, the
Secretary of Defense shall--
(1) offer members of the Armed Forces and other persons
described in subsection (b) 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
that section; and
(2) begin to provide benefits under the plan.
SEC. 704. PLAN FOR HEALTH CARE COVERAGE FOR CHILDREN WITH MEDICAL
CONDITIONS CAUSED BY PARENTAL EXPOSURE TO CHEMICAL MUNITIONS
WHILE SERVING AS MEMBERS OF THE ARMED FORCES.
(a) Plan Required.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall develop a plan for ensuring
the provision of medical care to any natural child of a member of the
Armed Forces (including former members and members discharged or
otherwise separated from active duty) who has a congenital defect or
catastrophic illness, proven to a reasonable degree of scientific
certainty on the basis of scientific research to have resulted from
exposure of the member to a chemical warfare agent or other hazardous
material to which the member was exposed during active military
service.
(b) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit the
plan developed under subsection (a) to Congress.
(c) Definitions of Congenital Defect and Catastrophic Illness.--The
Secretary of Defense shall prescribe in regulations a definition of the
terms ``congenital defect'' and ``catastrophic illness'' for the
purposes of this section.
Subtitle B--TRICARE Program
SEC. 711. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME ENROLLEES.
Section 1079(h)(4) of title 10, United States Code, is amended in
the second sentence by striking out ``emergency''.
SEC. 712. IMPROVED INFORMATION EXCHANGE BETWEEN MILITARY TREATMENT
FACILITIES AND TRICARE PROGRAM CONTRACTORS.
(a) Uniform Interfaces.--The Secretary of Defense shall ensure that
the automated medical information system being developed by the
Department of Defense (known as the Composite Health Care System)
provides for uniform interfaces between information systems of military
treatment facilities and private contractors under managed care
programs of the TRICARE program. The uniform interface shall provide
for a full electronic two-way exchange of health care information
between the military treatment facilities and contractor information
systems, including enrollment information, information regarding
eligibility determinations, provider network information, appointment
information, and information regarding the existence of third-party
payers.
(b) Amendment of Existing Contracts.--To assure a single consistent
source of information throughout the health care delivery system of the
uniformed services, the Secretary of Defense shall amend each TRICARE
program contract, with the consent of the TRICARE program contractor
and notwithstanding any requirement for competition, to require the
contractor--
(1) to use software furnished under the Composite Health Care
System to record military treatment facility provider appointments;
and
(2) to record TRICARE program enrollment through direct use of
the Composite Health Care System software or through the uniform
two-way interface between the contractor and military treatment
facilities systems, where applicable.
(c) Definition of TRICARE Program.--For purposes of this section,
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. 713. PLANS FOR MEDICARE SUBVENTION DEMONSTRATION PROGRAMS.
(a) Program for Enrollment in TRICARE Managed Care Option.--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 containing a specific plan (including the
recommendations of the Secretaries required under subsection (b))
regarding the establishment of a demonstration program under which--
(1) covered beneficiaries under chapter 55 of title 10, United
States Code, who are also entitled to benefits under part A of the
medicare program are permitted to enroll in the managed care option
of the TRICARE program; and
(2) 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.
(b) Specific Elements of Report.--The report shall include the
following:
(1) The number of covered beneficiaries described in subsection
(a) who are projected to participate in the demonstration program
and the minimum number of such participants necessary to conduct
the demonstration program effectively.
(2) A plan for notifying such covered beneficiaries of their
eligibility for enrollment in the demonstration program and for any
other matters connected with enrollment.
(3) A recommendation for the duration of the demonstration
program.
(4) A recommendation for the geographic regions in which the
demonstration program should be conducted.
(5) 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.
(6) An estimate of the amounts that, in the absence of the
demonstration program, would be required to be allocated by the
Department of Defense for the provision of health care services to
covered beneficiaries described in subsection (a) who reside in the
regions in which the demonstration program is proposed to be
conducted.
(7) An assessment of revisions to the allocation estimated
under paragraph (6) that would result from the conduct of the
demonstration program in such regions.
(8) An estimate of the cost to the Department of Defense and to
the Medicare program of providing health care services to covered
beneficiaries described in subsection (a) who enroll in the
demonstration program.
(9) An assessment of the likelihood of cost shifting among the
Department of Defense and the Medicare program under the
demonstration program.
(10) A proposal for mechanisms for reconciling and reimbursing
any improper payments among the Department of Defense and the
Medicare program under the demonstration program.
(11) A methodology for evaluating the demonstration program,
including cost analyses.
(12) 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.
(13) An assessment of the impact of the demonstration program
on military readiness.
(14) Contingency plans for the provision of health care
services under the demonstration program in the event of the
mobilization of health care personnel.
(15) A recommendation of the reports that the Department of
Defense and the Department of Health and Human Services should
submit to Congress describing the conduct of the demonstration
program.
(c) 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 of Defense with reimbursement from the Medicare program
on a fee-for-service basis for health care services provided covered
beneficiaries described in subsection (a) 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.
Subtitle C--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; 42 U.S.C.
248b) 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
health care services in or through managed care plans 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; 42 U.S.C. 248c) 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, 1997.
(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 beginning after
September 30, 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 plan 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 orhealth 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 health care services
provided by a designated provider shall be on a full risk capitation
payment basis. 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 for
health care services 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 such health care services
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 under this
subtitle.
(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 paragraphs (1), (2),
and (3) of subsection (a) shall take effect on October 1, 1997.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION REGARDING
NONMEDICALLY NECESSARY TREATMENT IN CONNECTION WITH CERTAIN
CLINICAL TRIALS.
(a) Waiver Authority.--Paragraph (13) of section 1079(a) of title
10, United States Code, is amended--
(1) by striking out ``any service'' and inserting in lieu
thereof ``Any service'';
(2) by striking out the semicolon at the end and inserting in
lieu thereof a period; and
(3) by adding at the end the following: ``Pursuant to an
agreement with the Secretary of Health and Human Services and under
such regulations as the Secretary of Defense may prescribe, the
Secretary of Defense may waive the operation of this paragraph in
connection with clinical trials sponsored or approved by the
National Institutes of Health if the Secretary of Defense
determines that such a waiver will promote access by covered
beneficiaries to promising new treatments and contribute to the
development of such treatments.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in the matter preceding paragraph (1), by striking out
``except that--'' and inserting in lieu thereof ``except as
follows:'';
(2) by capitalizing the first letter of the first word of each
of paragraphs (1) through (17);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (12) and paragraphs (14) and (15) and
inserting in lieu thereof a period; and
(4) in paragraph (16), by striking out ``; and'' and inserting
in lieu thereof a period.
SEC. 732. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL
HEALTH-CARE PROVIDERS UNDER CHAMPUS.
Section 1079(h) of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) In addition to the authority provided under paragraph (4),
the Secretary may authorize the commander of a facility of the
uniformed services, the lead agent (if other than the commander), and
the health care contractor to modify the payment limitations under
paragraph (1) for certain health care providers when necessary to
ensure both the availability of certain services for covered
beneficiaries and lower costs than would otherwise be incurred to
provide the services.''.
SEC. 733. CODIFICATION OF ANNUAL AUTHORITY TO CREDIT CHAMPUS
REFUNDS TO CURRENT YEAR APPROPRIATION.
(a) Credits to CHAMPUS Accounts.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1079 the
following new section:
``Sec. 1079a. CHAMPUS: treatment of refunds and other amounts collected
``All refunds and other amounts collected in the administration of
the Civilian Health and Medical Program of the Uniformed Services shall
be credited to the appropriation available for that program for the
fiscal year in which the refund or amount is collected.''.
(2) 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. CHAMPUS: treatment of refunds and other amounts collected.''.
(b) Conforming Repeal.--Section 8094 of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 671), is
repealed.
SEC. 734. EXCEPTIONS TO REQUIREMENTS REGARDING OBTAINING
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Reference to Inpatient Medical Care.--(1) Section 1080(a) of
title 10, United States Code, is amended by inserting ``inpatient''
before ``medical care'' in the first sentence.
(2) Section 1086(e) of such title is amended in the first sentence
by striking out ``benefits'' and inserting in lieu thereof ``inpatient
medical care''.
(b) Waivers and Exceptions to Requirements.--(1) Section 1080 of
such title is amended by adding at the end the following new
subsection:
``(c) Waivers and Exceptions to Requirements.--(1) A covered
beneficiary enrolled in a managed care plan offered pursuant to any
contract or agreement under this chapter for the provision of health
care services shall not be required to obtain a nonavailability-of-
health-care statement as a condition for the receipt of health care.
``(2) The Secretary of Defense may waive the requirement to obtain
nonavailability-of-health-care statements following an evaluation of
the effectiveness of such statements in optimizing the use of
facilities of the uniformed services.''.
(2) Section 1086(e) of such title is amended in the last sentence
by striking out ``section 1080(b)'' and inserting in lieu thereof
``subsections (b) and (c) of section 1080''.
(c) Conforming Amendments.--Section 1080(b) of such title is
amended--
(1) by striking out ``Nonavailability of Health Care
Statements'' and inserting in lieu thereof ``Nonavailability-of-
Health-Care Statements''; and
(2) by striking out ``nonavailability of health care
statement'' and inserting in lieu thereof ``nonavailability-of-
health-care statement''.
SEC. 735. 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 before the period at the end the
following: ``, and a personal injury protection plan or medical
payments benefit plan for personal injuries resulting from the
operation of a motor vehicle''.
(c) Applicability of Secondary Payer Requirement.--Section
1079(j)(1) of such title is amended by inserting after ``or health
plan'' the following: ``, including any plan offered by a third-party
payer (as defined in section 1095(h)(1) of this title),''.
Subtitle E--Other Matters
SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLIGATION UNDER
ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM AND UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Armed Forces Health Professions Scholarship and Financial
Assistance Program.--Subsection (e) of section 2123 of title 10, United
States Code, is amended to read as follows:
``(e)(1) A member of the program who is relieved of the member's
active duty obligation under this subchapter before the completion of
that active duty obligation may be given, with or without the consent
of the member, any of the following alternative obligations, as
determined by the Secretary of the military department concerned:
``(A) A service obligation in another armed force for a period
of time not less than the member's remaining active duty service
obligation.
``(B) A service obligation in a component of the Selected
Reserve for a period not less than twice as long as the member's
remaining active duty service obligation.
``(C) Repayment to the Secretary of Defense of a percentage of
the total cost incurred by the Secretary under this subchapter on
behalf of the member equal to the percentage of the member's total
active duty service obligation being relieved, plus interest.
``(2) In addition to the alternative obligations specified in
paragraph (1), if the member is relieved of an active duty obligation
by reason of the separation of the member because of a physical
disability, the Secretary of the military department concerned may give
the member a service obligation as a civilian employee employed as a
health care professional in a facility of the uniformed services for a
period of time equal to the member's remaining active duty service
obligation.
``(3) The Secretary of Defense shall prescribe regulations
describing the manner in which an alternative obligation may be given
under this subsection.''.
(b) Uniformed Services University of the Health Sciences.--Section
2114 of title 10, United States Code is amended by adding at the end
the following new subsection:
``(h) A graduate of the University who is relieved of the
graduate's active-duty service obligation under subsection (b) before
the completion of that active-duty service obligation may be given,
with or without the consent of the graduate, an alternative obligation
in the same manner as provided in subparagraphs (A) and (B) of
paragraph (1) of section 2123(e)(1) of this title or paragraph (2) of
such section for members of the Armed Forces Health Professions
Scholarship and Financial Assistance program.''.
(c) Application of Amendments.--The amendments made by this section
shall apply with respect to individuals who first become members of the
Armed Forces Health Professions Scholarship and Financial Assistance
program or students of the Uniformed Services University of the Health
Sciences on or after October 1, 1996.
(d) Transition Provision.--(1) In the case of any member of the
Armed Forces Health Professions Scholarship and Financial Assistance
program who, as of October 1, 1996, is serving an active duty
obligation under the program or is incurring an active duty obligation
as a participant in the program, and who is subsequently relieved of
the active duty obligation before the completion of the obligation, the
alternative obligations authorized by the amendment made by subsection
(a) may be used by the Secretary of the military department concerned
with the agreement of the member.
(2) In the case of any person who, as of October 1, 1996, is
serving an active-duty service obligation as a graduate of the
Uniformed Services University of the Health Sciences or is incurring an
active-duty service obligation as a student of the University, and who
is subsequently relieved of the active-duty service obligation before
the completion of the obligation, the alternative obligations
authorized by the amendment made by subsection (b) may be implemented
by the Secretary of Defense with the agreement of the person.
(e) Report on Utilization of Graduates of University.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
utilization by the Department of Defense of graduates of the Uniformed
Services University of the Health Sciences. The report shall include a
discussion of means of ensuring that graduates of the University have
received training in medical specialties for which the Department has
particular need.
SEC. 742. EXTERNAL PEER REVIEW FOR DEFENSE HEALTH PROGRAM
EXTRAMURAL MEDICAL RESEARCH INVOLVING HUMAN SUBJECTS.
(a) Establishment of External Peer Review Process.--The Secretary
of Defense shall establish a peer review process that will use persons
who are not officers or employees of the Government to review the
research protocols of medical research projects.
(b) Peer Review Requirements.--Funds of the Department of Defense
may not be obligated or expended for any medical research project
unless the research protocol for the project has been approved by the
external peer review process established under subsection (a).
(c) Medical Research Project Defined.--For purposes of this
section, the term ``medical research project'' means a research project
that--
(1) involves the participation of human subjects;
(2) is conducted solely by a non-Federal entity; and
(3) is funded through the Defense Health Program account.
(d) Effective Date.--The peer review requirements of subsection (b)
shall take effect on October 1, 1996, and, except as provided in
subsection (e), shall apply to all medical research projects proposed
funded on or after that date, includingmedical research projects funded
pursuant to any requirement of law enacted before, on, or after that
date.
(e) Exceptions.--Only the following medical research projects shall
be exempt from the peer review requirements of sub- section (b):
(1) A medical research project that the Secretary determines
has been substantially completed by October 1, 1996.
(2) A medical research project funded pursuant to any provision
of law enacted on or after that date if the provision of law
specifically refers to this section and specifically states that
the peer review requirements do not apply.
SEC. 743. INDEPENDENT RESEARCH REGARDING GULF WAR SYNDROME.
(a) Definitions.--For purposes of this section:
(1) 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.
(2) The term ``Gulf War syndrome'' means the complex of
illnesses and symptoms commonly known as Gulf War syndrome.
(3) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
(b) Research.--The Secretary of Defense shall provide, by contract,
grant, or other transaction, for scientific research to be carried out
by entities independent of the Federal Government on possible causal
relationships between Gulf War syndrome and--
(1) the possible exposures of members of the Armed Forces to
chemical warfare agents or other hazardous materials during Gulf
War service; and
(2) the use by the Department of Defense during the Persian
Gulf War of combinations of various inoculations and
investigational new drugs.
(c) Procedures for Awarding Grants.--The Secretary shall prescribe
the procedures to be used to make research awards under subsection (b).
The procedures shall--
(1) include a comprehensive, independent peer-review process
for the evaluation of proposals for scientific research that are
submitted to the Department of Defense; and
(2) provide for the final selection of proposals for award to
be based on the scientific merit and program relevance of the
proposed research.
(d) Availability of Funds.--Of the amount authorized to be
appropriated under section 301(21) for defense medical programs,
$10,000,000 is available for research under subsection (b).
SEC. 744. COMPTROLLER GENERAL REVIEW OF HEALTH CARE ACTIVITIES OF
DEPARTMENT OF DEFENSE RELATING TO GULF WAR 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) Policies Regarding Investigational New Drugs.--The Comptroller
General shall analyze the scope and effectiveness of the policies of
the Department of Defense with respect to--
(1) the use of investigational new drugs during the Persian
Gulf War to treat members of the Armed Forces who served in the
Southwest Asia theater of operations; and
(2) the current use of investigational new drugs 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.--Not later than March 1, 1997, the Comptroller General
shall submit to Congress a separate report on each of the analyses
required under subsections (a), (b), and (c).
SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT FACILITY PROGRAM.
Not later than April 1, 1997, the Secretary of Defense shall submit
to Congress a report evaluating the impact on the military health care
system of limiting the service area of a facility designated as part of
the specialized treatment facility program under section 1105 of title
10, United States Code, to not more than 100 miles from the facility.
SEC. 746. TUDY OF MEANS OF ENSURING UNIFORMITY IN PROVISION OF
MEDICAL AND DENTAL CARE FOR MEMBERS OF RESERVE COMPONENTS.
(a) Study.--(1) In consultation with the Secretary of
Transportation, the Secretary of Defense shall conduct a study of means
of improving the provision of medical and dental care to members of the
reserve components referred to in paragraph (2) in order to ensure
uniformity and consistency in the provision of such care to such
members.
(2) The members of the reserve components referred to in paragraph
(1) are the following:
(A) Members on active duty, including active duty for training
and annual training duty.
(B) Members on full-time National Guard duty.
(C) Members on inactive-duty training, regardless of whether
such members are in a pay or nonpay status.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the study conducted under subsection (a). The
report shall include such recommendations (including recommendations
for legislation) as the Secretary considers appropriate.
SEC. 747. SENSE OF CONGRESS REGARDING TAX TREATMENT OF ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
It is the sense of Congress that the Secretary of Defense should
work with the Secretary of the Treasury to interpret section 117 of the
Internal Revenue Code of 1986 so that the limitation on the amount of a
qualified scholarship or qualified tuition reduction excluded from
gross income does not apply to any portion of a scholarship or
financial assistance provided by the Secretary of Defense to a person
enrolled in the Armed Forces Health Professions Scholarship and
Financial Assistance program under subchapter I of chapter 105 of title
10, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in contracts
under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and dependency of base on supplies available only from foreign
countries.
Sec. 830. Expansion of report on implementation of automated information
systems to include additional matters regarding information
resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
Subtitle A--Acquisition Management
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. AUTHORITY TO WAIVE CERTAIN REQUIREMENTS FOR DEFENSE
ACQUISITION PILOT PROGRAMS.
(a) Authority.--The Secretary of Defense may waive sections 2399,
2403, 2432, and 2433 of title 10, United States Code, in accordance
with this section for any defense acquisition program designated by the
Secretary of Defense for participation in the defense acquisition pilot
program authorized by section 809 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note).
(b) Operational Test and Evaluation.--The Secretary of Defense may
waive the requirements for operational test and evaluation for such a
defense acquisition program as set forth in section 2399 of title 10,
United States Code, if the Secretary--
(1) determines (without delegation) that such test would be
unreasonably expensive or impractical;
(2) develops a suitable alternate operational test program for
the system concerned;
(3) describes in the test and evaluation master plan, as
approved by the Director of Operational Test and Evaluation, the
method of evaluation that will be used to evaluate whether the
system will be effective and suitable for combat; and
(4) submits to the congressional defense committees a report
containing the determination that was made under paragraph (1), a
justification for that determination, and a copy of the plan
required by paragraph (3).
(c) Contractor Guarantees for Major Weapons Systems.--The Secretary
of Defense may waive the requirements of section 2403 of title 10,
United States Code, for such a defense acquisition program if an
alternative guarantee is used that ensures high quality weapons
systems.
(d) Selected Acquisition Reports.--The Secretary of Defense may
waive the requirements of sections 2432 and 2433 of title 10, United
States Code, for such a defense acquisition program if the Secretary
provides a single annual report to Congress at the end of each fiscal
year that describes the status of the program in relation to the
baseline description for the program established under section 2435 of
such title.
SEC. 804. 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 (Public Law
103-160; 107 Stat. 1721; 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,
1999.''.
(c) Conforming and Technical Amendments.--Section 845 of such Act
is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``(c)(2) and (c)(3)
of such section 2371, as redesignated by section
827(b)(1)(B),'' and inserting in lieu thereof ``(e)(2) and
(e)(3) of such section 2371''; and
(B) in paragraph (2), by inserting after ``Director'' the
following: ``, Secretary, or other official''; and
(2) in subsection (c), by striking out ``of the Director''.
SEC. 805. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR SYSTEMS.
(a) Increase and Adjustment.--Chapter 137 of title 10, United
States Code, is amended--
(1) in section 2302(5), by striking out the third sentence and
inserting in lieu thereof the following: ``A system shall be
considered a major system if (A) the conditions of section 2302d of
this title are satisfied, or (B) the system is designated a `major
system' by the head of the agency responsible for the system.'';
and
(2) by inserting after section 2302c the following:
``Sec. 2302d. Major system: definitional threshold amounts
``(a) Department of Defense Systems.--For purposes of section
2302(5) of this title, a system for which the Department of Defense is
responsible shall be considered a major system if--
``(1) the total expenditures for research, development, test,
and evaluation for the system are estimated to be more than
$115,000,000 (based on fiscal year 1990 constant dollars); or
``(2) the eventual total expenditure for procurement of more
than $540,000,000 (based on fiscal year 1990 constant dollars).
``(b) Civilian Agency Systems.--For purposes of section 2302(5) of
this title, a system for which a civilian agency is responsible shall
be considered a major system if total expenditures for the system are
estimated to exceed the greater of--
``(1) $750,000 (based on fiscal year 1980 constant dollars); or
``(2) the dollar threshold for a `major system' established by
the agency pursuant to Office of Management and Budget (OMB)
Circular A-109, entitled `Major Systems Acquisitions'.
``(c) Adjustment Authority.--(1) The Secretary of Defense may
adjust the amounts and the base fiscal year provided in subsection (a)
on the basis of Department of Defense escalation rates.
``(2) An amount, as adjusted under paragraph (1), that is not
evenly divisible by $5,000,000 shall be rounded to the nearest multiple
of $5,000,000. In the case of an amount that is evenly divisible by
$2,500,000 but not evenly divisible by $5,000,000, the amount shall be
rounded to the next higher multiple of $5,000,000.
``(3) An adjustment under this subsection shall be effective after
the Secretary transmits to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a written notification of the adjustment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2302c the following:
``2302d. Major system: definitional threshold amounts.''.
SEC. 806. REVISIONS IN INFORMATION REQUIRED TO BE INCLUDED IN SELECTED
ACQUISITION REPORTS.
Section 2432 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``and'' at the end of subpara- graph
(B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) the current procurement unit cost for each major defense
acquisition program included in the report and the history of that
cost from the date the program was first included in a Selected
Acquisition Report to the end of the quarter for which the current
report is submitted; and''; and
(2) in subsection (e), by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8).
SEC. 807. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR
HUMANITARIAN OR PEACEKEEPING OPERATIONS.
(a) Armed Services Acquisitions.--Section 2302(7) of title 10,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(7)'';
(2) by inserting after ``contingency operation'' the following:
``or a humanitarian or peacekeeping operation''; and
(3) by adding at the end the following:
``(B) In subparagraph (A), the term `humanitarian or
peacekeeping operation' means a military operation in support of
the provision of humanitarian or foreign disaster assistance or in
support of a peacekeeping operation under chapter VI or VII of the
Charter of the United Nations. The term does not include routine
training, force rotation, or stationing.''.
(b) Civilian Agency Acquisitions.--Section 309(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)) is
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by inserting after ``contingency operation'' the following:
``or a humanitarian or peacekeeping operation''; and
(3) by adding at the end the following:
``(2) In paragraph (1):
``(A) The term `contingency operation' has the meaning given
such term in section 101(a) of title 10, United States Code.
``(B) The term `humanitarian or peacekeeping operation' means a
military operation in support of the provision of humanitarian or
foreign disaster assistance or in support of a peacekeeping
operation under chapter VI or VII of the Charter of the United
Nations. The term does not include routine training, force
rotation, or stationing.''.
SEC. 808. EXPANSION OF AUDIT RECIPROCITY AMONG FEDERAL AGENCIES TO
INCLUDE POST-AWARD AUDITS.
(a) Armed Services Acquisitions.--Subsection (d) of section 2313 of
title 10, United States Code, is amended to read as follows:
``(d) Limitation on Audits Relating to Indirect Costs.--The head of
an agency may not perform an audit of indirect costs under a contract,
subcontract, or modification before or after entering into the
contract, subcontract, or modification in any case in which the
contracting officer determines that the objectives of the audit can
reasonably be met by accepting the results of an audit that was
conducted by any other department or agency of the Federal Government
within one year preceding the date of the contracting officer's
determination.''.
(b) Civilian Agency Acquisitions.--Subsection (d) of section 304C
of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254d) is amended to read as follows:
``(d) Limitation on Audits Relating to Indirect Costs.--An
executive agency may not perform an audit of indirect costs under a
contract, subcontract, or modification before or after entering into
the contract, subcontract, or modification in any case in which the
contracting officer determines that the objectives of the audit can
reasonably be met by accepting the results of an audit that was
conducted by any other department or agency of the Federal Government
within one year preceding the date of the contracting officer's
determination.''.
(c) Guidelines for Acceptance of Audits by State and Local
Governments Receiving Federal Assistance.--The Director of the Office
of Management and Budget shall issue guidelines to ensure that an audit
of indirect costs performed by the Federal Government is accepted by
State and local governments that receive Federal funds under contracts,
grants, or other Federal assistance programs.
SEC. 809. COMPENSATION OF CERTAIN CONTRACTOR PERSONNEL.
(a) Armed Services Procurements.--(1) During fiscal year 1997, the
head of an agency shall treat the costs described in paragraph (2) as
not allowable under a covered contract, in the same manner as costs
listed in section 2324(e)(1) of title 10, United States Code.
(2) The costs covered by paragraph (1) are costs of compensation
paid with respect to services of any one officer to the extent that the
total amount of the compensation paid in a fiscal year exceeds
$250,000.
(b) Civilian Agency Procurements.--(1) During fiscal year 1997, an
executive agency shall treat the costs described in paragraph (2) as
not allowable under a covered contract, in the same manner as costs
listed in section 306(e)(1) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 256(e)(1)).
(2) The costs covered by paragraph (1) are costs of compensation
paid with respect to services of any one officer to the extent that the
total amount of the compensation paid in a fiscal year exceeds
$250,000.
(c) Definitions.--In this section:
(1) The term ``head of an agency'' has the meaning provided in
section 2302 of title 10, United States Code.
(2) The term ``executive agency'' has the meaning provided in
section 3 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 472).
(3) The term ``covered contract''--
(A) with respect to procurements subject to chapter 137 of
title 10, United States Code, has the meaning provided by
section 2324(l) of such title; and
(B) with respect to procurements subject to title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.), has the meaning provided by section
306(l) of such Act (41 U.S.C. 256(l)).
(4) The term ``compensation'' means--
(A) the total amount of wages as defined in section 3401(a)
of the Internal Revenue Code of 1986 for the year concerned;
and
(B) the total amount of elective deferrals (within the
meaning of section 402(g)(3) of such Code) for the year
concerned.
(5) The term ``officer'' means a person who is determined to be
in a senior management position as established by regulation.
(d) Review.--The Administrator for Federal Procurement Policy, in
consultation with the Secretary of Defense, shall conduct a
comprehensive review of the levels of compensation received by senior
executives of corporations performing a significant amount of business
with the Federal Government in order to determine the appropriate cost
allowability policy in this area. Such a review should include the
following:
(1) In consultation with the Secretary of the Treasury, an
examination of the appropriate definition and treatment of
compensation, including deferred compensation.
(2) An examination of the appropriate definition of senior
executive positions and any other positions that should be covered
under the cost allowability policy.
(3) An examination of how to apply the cost allowability policy
to individual contracts and aggregations of contracts within a
corporation.
(4) Any other matter related to the cost allowability of
executive compensation that the Administrator considers
appropriate.
(e) Legislative Proposal.--Not later than March 1, 1997, the
President shall submit to Congress a legislative proposal incorporating
the conclusions reached by the review conducted under subsection (d)
and establishing a statutory Government standard on the cost
allowability of executive compensation.
SEC. 810. 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,''.
Subtitle B--Other Matters
SEC. 821. PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS UNDER
FREEDOM OF INFORMATION ACT.
(a) Armed Services Acquisitions.--Section 2305 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g) Prohibition on Release of Contractor Proposals.--(1) Except
as provided in paragraph (2), a proposal in the possession or control
of the Department of Defense may not be made available to any person
under section 552 of title 5.
``(2) Paragraph (1) does not apply to any proposal that is set
forth or incorporated by reference in a contract entered into between
the Department and the contractor that submitted the proposal.
``(3) In this subsection, the term `proposal' means any proposal,
including a technical, management, or cost proposal, submitted by a
contractor in response to the requirements of a solicitation for a
competitive proposal.''.
(b) Civilian Agency Acquisitions.--Section 303B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is
amended by adding at the end the following new subsection:
``(m) Prohibition on Release of Contractor Proposals.--(1) Except
as provided in paragraph (2), a proposal in the possession or control
of an executive agency may not be made available to any person under
section 552 of title 5, United States Code.
``(2) Paragraph (1) does not apply to any proposal that is set
forth or incorporated by reference in a contract entered into between
the agency and the contractor that submitted the proposal.
``(3) In this subsection, the term `proposal' means any proposal,
including a technical, management, or cost proposal, submitted by a
contractor in response to the requirements of a solicitation for a
competitive proposal.''.
SEC. 822. AMENDMENTS RELATING TO REPORTS ON PROCUREMENT REGULATORY
ACTIVITY.
Subsection (g) of section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) is amended--
(1) in paragraph (1)--
(A) by striking out ``within 6 months after the date of
enactment of this section and every 6 months thereafter'' and
inserting in lieu thereof ``every 12 months''; and
(B) by inserting ``and'' after the semicolon at the end;
(2) in paragraph (2)(H), by striking out ``; and'' and
inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
SEC. 823. AMENDMENT OF MULTIYEAR LIMITATION ON CONTRACTS FOR
INSPECTION, MAINTENANCE, AND REPAIR.
Paragraph (14) of section 210(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(a)) is amended by
striking out ``for periods not exceeding three years'' and inserting in
lieu thereof ``for periods not exceeding five years''.
SEC. 824. STREAMLINED NOTICE REQUIREMENTS TO CONTRACTORS AND
EMPLOYEES REGARDING TERMINATION OR SUBSTANTIAL REDUCTION IN
CONTRACTS UNDER MAJOR DEFENSE PROGRAMS.
(a) Elimination of Unnecessary Requirements.--Section 4471 of the
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 2501 note) is amended--
(1) by striking out subsection (a);
(2) by striking out subsection (f), except paragraph (4);
(3) by redesignating subsections (b), (c), (d), (e), and (g) as
subsections (a), (b), (c), (d), and (f), respectively; and
(4) by redesignating such paragraph (4) as subsection (e).
(b) Notice to Contractors.--Subsection (a) of such section, as
redesignated by subsection (a)(3), is amended by striking out
paragraphs (1) and (2) and inserting in lieu thereof the following:
``(1) shall identify each contract (if any) under major defense
programs of the Department of Defense that will be terminated or
substantially reduced as a result of the funding levels provided in
that Act; and
``(2) shall ensure that notice of the termination of, or
substantial reduction in, the funding of the contract is provided--
``(A) directly to the prime contractor under the con-
tract; and
``(B) directly to the Secretary of Labor.''.
(c) Notice to Subcontractors.--Subsection (b) of such section, as
redesignated by subsection (a)(3), is amended--
(1) by striking out ``As soon as'' and all that follows through
``prime contractor shall--'' in the matter preceding paragraph (1)
and inserting in lieu thereof ``Not later than 60 days after the
date on which the prime contractor for a contract under a major
defense program receives notice under subsection (a), the prime
contractor shall--'';
(2) in paragraph (1)--
(A) by striking out ``for that program under a contract''
and inserting in lieu thereof ``under that prime contract for
subcontracts''; and
(B) by striking out ``for the program''; and
(3) in paragraph (2)(A), by striking out ``for the program
under a contract'' and inserting in lieu thereof ``for
subcontracts''.
(d) Notice to Employees and State Dislocated Worker Unit.--
Subsection (c) of such section, as redesignated by subsection (a)(3),
is amended by striking out ``under subsection (a)(1)'' and all that
follows through ``a defense program,'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``under subsection (a),''.
(e) Cross References and Conforming Amendments.--(1) Subsection (d)
of such section, as redesignated by subsection (a)(3), is amended--
(A) by striking out ``a major defense program provided under
subsection (d)(1)'' and inserting in lieu thereof ``a defense
contract provided under subsection (c)(1)''; and
(B) by striking out ``the program'' and inserting in lieu
thereof ``the contract''.
(2) Subsection (e) of such section, as redesignated by subsection
(a)(4), is amended--
(A) by striking out ``eligibility'' and inserting in lieu
thereof ``Eligibility''; and
(B) by striking out ``under paragraph (3)'' and inserting in
lieu thereof ``or cancellation of the termination of, or
substantial reduction in, contract funding''.
(3) Subsection (f) of such section, as redesignated by subsection
(a)(3), is amended in paragraph (2)--
(A) by inserting ``a defense contract under'' before ``a major
defense program''; and
(B) by striking out ``contracts under the program'' and
inserting in lieu thereof ``the funds obligated by the contract''.
SEC. 825. REPEAL OF NOTICE REQUIREMENTS FOR SUBSTANTIALLY OR
SERIOUSLY AFFECTED PARTIES IN DOWNSIZING EFFORTS.
Sections 4101 and 4201 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1850, 1851; 10
U.S.C. 2391 note) are repealed.
SEC. 826. STUDY OF EFFECTIVENESS OF DEFENSE MERGERS.
(a) Study.--The Secretary of Defense shall conduct a study on
mergers and acquisitions in the defense sector. The study shall address
the following:
(1) The effectiveness of defense mergers and acquisitions in
eliminating excess capacity within the defense industry.
(2) The degree of change in the dependence by defense
contractors on defense-related Federal contracts within their
overall business after mergers.
(3) The effect on defense industry employment resulting from
defense mergers and acquisitions occurring during the three years
preceding the date of the enactment of this Act.
(4) The effect on competition for defense contracts.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study conducted under
subsection (a).
SEC. 827. ANNUAL REPORT RELATING TO BUY AMERICAN ACT.
The Secretary of Defense shall submit to Congress, not later than
120 days after the end of each fiscal year, a report on the amount of
purchases by the Department of Defense from foreign entities in that
fiscal year. Such report shall separately indicate the dollar value of
items for which the Buy American Act (41 U.S.C. 10a et seq.) was waived
pursuant to any of the following:
(1) Any reciprocal defense procurement memorandum of
understanding described in section 849(c)(2) of Public Law 103-160
(41 U.S.C. 10b-2 note).
(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.)
(3) Any international agreement to which the United States is a
party.
SEC. 828. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Subsection (b) of section 2536 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 contract awarded for environmental
restoration, remediation, or waste management at a Department of
Defense or Department of Energy facility--
``(i) the Secretary concerned determines that the waiver
will advance the environmental restoration, remediation, or
waste management objectives of the department concerned 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
concerned 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 concerned shall notify Congress of any decision
to grant a waiver under paragraph (1)(B) with respect to a contract.
The contract may be awarded only after the end of the 45-day period
beginning on the date the notification is received by the
committees.''.
SEC. 829. ASSESSMENT OF NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL
BASE AND DEPENDENCY OF BASE ON SUPPLIES AVAILABLE ONLY FROM
FOREIGN COUNTRIES.
(a) National Security Objectives for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States Code, is
amended by adding at the end the following:
``(5) Providing for the development, manufacture, and supply of
items and technologies critical to the production and sustainment
of advanced military weapon systems within the national technology
and industrial base.''.
(b) 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''; 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''.
(c) Periodic Defense Capability Assessments, Including Foreign
Dependency.--(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. The Secretary of
Defense shall prepare such assessments in consultation with the
Secretary of Commerce and the Secretary of Energy.
``(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) Assessment of Extent of Dependency on Foreign Source Items.--
Each assessment under subsection (a) shall include a separate
discussion and presentation regarding the extent to which the national
technology and industrial base is dependent on items for which the
source of supply, manufacture, or technology is outside of the United
States and Canada and for which there is no immediately available
source in the United States or Canada. The discussion and presentation
regarding foreign dependency shall--
``(1) identify cases that pose an unacceptable risk of foreign
dependency, as determined by the Secretary; and
``(2) present actions being taken or proposed to be taken to
remedy the risk posed by the cases identified under paragraph (1),
including efforts to develop a domestic source for the item in
question.
``(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.
(d) Repeal of Requirement for Periodic Defense Capability Plan;
Development of Policy Guidance.--Section 2506 of title 10, United
States Code, is amended to read as follows:
``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 2504 of this title.''.
(e) Annual Report to Congress.--Subchapter II of chapter 148 of
title 10, United States Code, is amended by inserting after section
2503 the following new section:
``Sec. 2504. 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.--(1) The table of sections at the
beginning of subchapter II of chapter 148 of title 10, United States
Code, is amended by inserting after the item relating to section 2503
the following new item:
``2504. Annual report to Congress.''.
(2) Such table of sections is further amended by striking out the
item relating to section 2506 and inserting in lieu thereof the
following new item:
``2506. Department of Defense technology and industrial base policy
guidance.''.
(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. 830. EXPANSION OF REPORT ON IMPLEMENTATION OF AUTOMATED
INFORMATION SYSTEMS TO INCLUDE ADDITIONAL MATTERS REGARDING
INFORMATION RESOURCES MANAGEMENT.
(a) Expanded Report.--The Secretary of Defense shall include in the
report submitted in 1997 under section 381(f) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
113 note) a discussion of the following matters relating to information
resources management:
(1) 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.
(2) 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 the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 275; 10 U.S.C. 113 note).
(3) Plans of the Department of Defense for establishing an
integrated framework for management of information resources within
the department.
(b) Specific Elements of Report.--The presentation of matters under
subsection (a) shall specifically include a discussion of the
following:
(1) The status of the implementation of performance measures.
(2) 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.
(3) The results of pilot program testing of proposed
performance measures.
(4) The additional training necessary for the implementation of
performance-based information management.
(5) The department-wide actions that are necessary to comply
with the requirements of the following provisions of law:
(A) The amendments made by the Government Performance and
Results Act of 1993 (Public Law 103-62; 107 Stat. 285).
(B) 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.
(C) Title V of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3349) and the amendments
made by that title.
(D) The Chief Financial Officers Act of 1990 (Public Law
101-576; 104 Stat. 2838) and the amendments made by that Act.
SEC. 831. YEAR 2000 SOFTWARE CONVERSION.
(a) Year 2000 Software Conversion.--The Secretary of Defense shall
ensure that, as soon as practicable, all information technology
acquired by the Department of Defense pursuant to contracts entered
into after September 30, 1996, has the capabilities to process date and
date-related data in 2000.
(b) Assessment.--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 has the capabilities to operate
effectively.
(c) Plan.--Not later than January 1, 1997, the Secretary shall
submit to Congress a detailed plan for eliminating anydeficiencies
identified pursuant to subsection (b). The plan shall include--
(1) a list of affected major systems;
(2) a description of how the deficiencies could affect the
national security of the United States; and
(3) an estimate and prioritization of the resources that are
necessary to eliminate the deficiencies.
SEC. 832. PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION
OF SMALL ARMS.
(a) Requirement.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2473. Procurements from the small arms production industrial
base
``(a) Authority To Limit Procurements To Certain Sources.--To the
extent that the Secretary of Defense determines necessary to preserve
the small arms production industrial base, the Secretary may require
that any procurement of property or services described in subsection
(b) for the Department of Defense be made only from a firm in the small
arms production industrial base.
``(b) Covered Property and Services.--Subsection (a) applies to the
following:
``(1) Repair parts for small arms.
``(2) Modifications of parts to improve small arms used by the
armed forces.
``(c) Small Arms Production Industrial Base.--In this section, the
term `small arms production industrial base' means the firms comprising
the small arms production industrial base, as described 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) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2473. Procurements from the small arms production industrial base.''.
SEC. 833. CABLE TELEVISION FRANCHISE AGREEMENTS.
Based on the advisory opinion from the United States Court of
Federal Claims, In the Matter of the Department of Defense Cable
Television Franchise Agreements, National Defense Authorization Act for
Fiscal Year 1996, Section 823, No. 96-133X (July 11, 1996)--
(1) cable television franchise agreements for the construction,
installation, or capital improvement of cable systems at military
installations shall be considered contracts for purposes of the
Federal Acquisition Regulation;
(2) cable television operators are entitled to recovery of
their investments at such installations to the extent authorized in
part 49 of the Federal Acquisition Regulation; and
(3) the appropriate official of the Department of Defense shall
promptly issue a written notice of the termination for the
convenience of the Government of the contracts described in such
advisory opinion and commence settlement negotiations pursuant to
the requirements of part 49 of the Federal Acquisition Regulation.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the unified
combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the Uniformed Services University of the Health Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
Subtitle A--General Matters
SEC. 901. REPEAL OF PREVIOUSLY ENACTED REDUCTION IN NUMBER OF
STATUTORY POSITIONS IN OFFICE OF THE SECRETARY OF DEFENSE.
Section 903 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 401) is repealed.
SEC. 902. ADDITIONAL REQUIRED REDUCTION IN DEFENSE ACQUISITION
WORKFORCE.
(a) Additional Reductions for Fiscal Year 1997.--Section 906(d) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 405) is amended in paragraph (1) by striking out
``positions during fiscal year 1996'' and all that follows and
inserting in lieu thereof ``so that--
``(A) the total number of defense acquisition personnel as of
October 1, 1996, is less than the baseline number by at least
15,000; and
``(B) the total number of defense acquisition personnel as of
October 1, 1997, is less than the baseline number by at least
30,000.''.
(b) Baseline Number.--Such section is further amended by adding at
the end the following new paragraph:
``(3) For purposes of this subsection, the term `baseline number'
means the total number of defense acquisition personnel as of October
1, 1995.''.
SEC. 903. REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Permanent Limitation on OSD Personnel.--Effective October 1,
1999, the number of OSD personnel may not exceed 75 percent of the
baseline number.
(b) Phased Reduction.--The number of OSD personnel--
(1) as of October 1, 1997, may not exceed 85 percent of the
baseline number; and
(2) as of October 1, 1998, may not exceed 80 percent of the
baseline number.
(c) Baseline Number.--For purposes of this section, the term
``baseline number'' means the number of OSD personnel as of October 1,
1994.
(d) OSD Personnel Defined.--For purposes of this section, the term
``OSD personnel'' means military and civilian personnel of the
Department of Defense who are assigned to, or employed in, functions in
the Office of the Secretary of Defense (including Direct Support
Activities of that Office and the Washington Headquarters Services of
the Department of Defense).
(e) Limitation on Reassignment of Functions.--In carrying out
reductions in the number of personnel assigned to, or employed in, the
Office of the Secretary of Defense in order to comply with this
section, the Secretary of Defense may not reassign functions solely in
order to evade the requirements contained in this section.
(f) Flexibility.--If the Secretary of Defense determines, and
certifies to Congress, that the limitation in subsection (b) with
respect to any fiscal year would adversely affect United States
national security, the Secretary may waive the limitation under that
subsection with respect to that fiscal year. If the Secretary of
Defense determines, and certifies to Congress, that the limitation in
subsection (a) during fiscal year 1999 would adversely affect United
States national security, the Secretary may waive the limitation under
that subsection with respect to that fiscal year. The authority under
this subsection may be used only once, with respect to a single fiscal
year.
(g) Repeal of Prior Requirement.--Section 901(d) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 401) is repealed.
SEC. 904. REPORT ON MILITARY DEPARTMENT HEADQUARTERS STAFFS.
(a) Review by Secretary of Defense.--The Secretary of Defense shall
conduct a review of the size, mission, organization, and functions of
the military department headquarters staffs. This review shall include
the following:
(1) An assessment on the adequacy of the present organization
structure to efficiently and effectively support the mission of the
military departments.
(2) An assessment of options to reduce the number of personnel
assigned to the military department headquarters staffs.
(3) An assessment of the extent of unnecessary duplication of
functions between the Office of the Secretary of Defense and the
military department headquarters staffs.
(4) An assessment of the possible benefits that could be
derived from further functional consolidation between the civilian
secretariat of the military departments and the staffs of the
military service chiefs.
(5) An assessment of the possible benefits that could be
derived from reducing the number of civilian officers inthe
military departments who are appointed by and with the advice and
consent of the Senate.
(b) Report.--Not later than March 1, 1997, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) the findings and conclusions of the Secretary resulting
from the review under subsection (a); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting rationale)
that would be required as a result of the review.
(c) Reduction in Total Number of Personnel Assigned.--In developing
the plan under subsection (b)(2), the Secretary shall make every effort
to provide for significant reductions in the overall number of military
and civilian personnel assigned to or serving in the military
department headquarters staffs.
(d) Military Department Headquarters Staffs Defined.--For the
purposes of this section, the term ``military department headquarters
staffs'' means the offices, organizations, and other elements of the
Department of Defense comprising the following:
(1) The Office of the Secretary of the Army.
(2) The Army Staff.
(3) The Office of the Secretary of the Air Force.
(4) The Air Staff.
(5) The Office of the Secretary of the Navy.
(6) The Office of the Chief of Naval Operations.
(7) Headquarters, Marine Corps.
SEC. 905. 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 by the Chairman of the missions,
responsibilities, and force structure of the unified combatant commands
pursuant to section 161(b) of title 10, United States Code, the
following matters:
(1) Whether there exists an adequate distribution of threats,
mission requirements, and responsibilities for geographic areas
among the regional unified combatant commands.
(2) Whether reductions in the overall force structure of the
Armed Forces permit the United States to better execute its
warfighting plans through fewer or differently configured unified
combatant commands, including--
(A) a total of five or fewer commands, all of which are
regional;
(B) a total of three commands consisting of an eastward-
oriented command, a westward-oriented command, and a central
command;
(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; or
(D) any other command structure or configuration the
Chairman finds appropriate.
(3) Whether any missions, staff, facilities, equipment,
training programs, or other assets or activities of the unified
combatant commands are redundant.
(4) Whether warfighting requirements are adequate to justify
the current functional commands.
(5) Whether the exclusion of certain nations from the Areas of
Responsibility of the unified combatant commands presents
difficulties with respect to the achievement of United States
national security objectives in those areas.
(6) Whether the current geographic boundary between the United
States Central Command and the United States European Command
through the Middle East could create command conflicts in the
context of a major regional conflict in the Middle East region.
SEC. 906. 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 Repeal.--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 adding at the end
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. 907. 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 new section:
``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
as of 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 new item:
``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. 2829; 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. 908. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section 181 of title 10, United States Code, as added effective
January 31, 1997, is amended by adding at the end the following new
subsection:
``(d) Availability of Oversight Information to Congressional
Defense Committees.--(1) The Secretary of Defense shall ensure that, in
the case of a recommendation by the Chairman to the Secretary that is
approved by the Secretary, oversight information with respect to such
recommendation that is produced as a result of the activities of the
Joint Requirements Oversight Council is made available in a timely
fashion to the congressional defense committees.
``(2) In this subsection:
``(A) The term `oversight information' means information and
materials comprising analysis and justification that are prepared
to support a recommendation that is made to, and approved by, the
Secretary of Defense.
``(B) The term `congressional defense committees' means--
``(i) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(ii) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
SEC. 909. MEMBERSHIP OF THE AMMUNITION STORAGE BOARD.
Section 172(a) of title 10, United States Code, is amended by
striking out ``a joint board of officers selected by them'' and
inserting in lieu thereof ``a joint board selected by them composed of
officers, civilian officers and employees of the Department of Defense,
or both''.
SEC. 910. REMOVAL OF SECRETARY OF THE ARMY FROM MEMBERSHIP ON THE
FOREIGN TRADE ZONE BOARD.
The first section of the Act of June 18, 1934 (Public Law Numbered
397, Seventy-third Congress; 48 Stat. 998) (19 U.S.C. 81a), popularly
known as the ``Foreign Trade Zones Act'', is amended--
(1) in subsection (b), by striking out ``the Secretary of the
Treasury, and the Secretary of War'' and inserting in lieu thereof
``and the Secretary of the Treasury''; and
(2) in subsection (c), by striking out ``Alaska, Hawaii,''.
SEC. 911. COMPOSITION OF AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) Selection of Board Members.--(1) Chapter 134 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2255. Aircraft accident investigation boards: composition
requirements
``(a) Required Membership of Boards.--Whenever the Secretary of a
military department convenes an aircraft accident investigation board
to conduct an accident investigation (as described in section
2254(a)(2) of this title) with respect to a Class A accident involving
an aircraft under the jurisdiction of the Secretary, the Secretary
shall select the membership of the board so that--
``(1) a majority of the members (or in the case of a board
consisting of a single member, the member) is selected from units
other than the mishap unit or a unit subordinate to the mishap
unit; and
``(2) in the case of a board consisting of more than one
member, at least one member of the board is a member of the armed
forces or an officer or an employee of the Department of Defense
who possesses knowledge and expertise relevant to aircraft accident
investigations.
``(b) Exception.--(1) The Secretary of the military department
concerned may waive the requirement of subsection (a)(1) in the case of
an aircraft accident if the Secretary determines that--
``(A) it is not practicable to meet the requirement
because of--
``(i) the remote location of the aircraft accident;
``(ii) an urgent need to promptly begin the investi-
gation; or
``(iii) a lack of available persons outside of the mishap
unit who have adequate knowledge and expertise regarding the
type of aircraft involved in the accident; and
``(B) the objectivity and independence of the aircraft accident
investigation board will not be compromised.
``(2) The Secretary shall notify Congress of a waiver exercised
under this subsection and the reasons therefor.
``(c) Consultation Requirement.--In the case of an aircraft
accident investigation board consisting of a single member, the member
shall consult with a member of the armed forces or an officer or an
employee of the Department of Defense who possesses knowledge and
expertise relevant to aircraft accident investigations.
``(d) Designation of Class A Accidents.--Not later than 60 days
after an aircraft accident involving an aircraft under the jurisdiction
of the Secretary of a military department, the Secretary shall
determine whether the aircraft accident should be designated as a Class
A accident for purposes of this section.
``(e) Definitions.--In this section:
``(1) The term `Class A accident' means an accident involving
an aircraft that results in--
``(A) the loss of life or permanent disability;
``(B) damages to the aircraft, other property, or a
combination of both, in an amount in excess of the amount
specified by the Secretary of Defense for purposes of
determining Class A accidents; or
``(C) the destruction of the aircraft.
``(2) The term `mishap unit', with respect to an aircraft
accident investigation, means the unit of the armed forces (at the
squadron or battalion level or equivalent) to which was assigned
the flight crew of the aircraft that sustained the accident that is
the subject of the investigation.''.
(2) The table of sections at the beginning of subchapter II of such
chapter is amended by adding at the end the following new item:
``2255. Aircraft accident investigation boards: composition
requirements.''.
(b) Effective Date.--Section 2255 of title 10, United States Code,
as added by subsection (a), shall apply with respect to any aircraft
accident investigation board convened by the Secretary of a military
department after the end of the six-month period beginning on the date
of the enactment of this Act.
SEC. 912. MISSION OF THE WHITE HOUSE COMMUNICATIONS AGENCY.
(a) Telecommunications Support.--The Secretary of Defense shall
ensure that the activities of the White House Communications Agency in
providing support services on a nonreimbursable basis for the President
from funds appropriated for the Department of Defense for any fiscal
year are limited to the provision of telecommunications support to the
President and Vice President and to related elements (as defined in
regulations of that agency and specified by the President with respect
to particular individuals within those related elements).
(b) Other Support.--Support services other than telecommunications
support services described in subsection (a) may be provided by the
Department of Defense for the President through the White House
Communications Agency on a reimbursable basis.
(c) White House Communications Agency.--For purposes of this
section, the term ``White House Communications Agency'' means the
element of the Department of Defense within the Defense Communications
Agency that is known on the date of the enactment of this Act as the
White House Communications Agency and includes any successor agency.
(d) Report on Issues Raised by DOD Inspector General Review of
White House Communications Agency.--Not later than October 1, 1996, or
30 days after the date of the enactment of this Act, whichever is
later, the Secretary of Defense shall submit to Congress a report
setting forth the actions taken by the Secretary to address the issues
raised by the report of the Department of Defense Inspector General
reviewing the mission of the White House Communications Agency.
(e) Quarterly Reports During Fiscal Year 1997.--Not later than 30
days after the end of each quarter of fiscal year 1997, the Secretary
of Defense shall submit to Congress a report describing the support
services other than telecommunications support services described in
subsection (a) that were provided during the preceding quarter by the
Department of Defense for the President through the White House
Communications Agency.
(f) Effective Date.--This section takes effect on October 1, 1997,
and applies to funds appropriated for the Department of Defense for any
fiscal year after fiscal year 1997.
Subtitle B--Force Structure Review
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ``Military Force Structure Review
Act of 1996''.
SEC. 922. 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 twenty-first 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 Department 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 defensestrategy 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 twenty-first 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, nonpartisan 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. 923. 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, budget plan, 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 924, on an
ongoing 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, on behalf of the 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 that 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 those 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.
(13) Any other matter the Secretary considers appropriate.
SEC. 924. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the Secretary
of Defense shall establish a nonpartisan, 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 923 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 923(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
nontraditional threats, including information warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major potential adversary 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 United
States, 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 air, 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 923(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel shall
submit to the Secretary a report setting forth the activities and the
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) 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. 925. POSTPONEMENT OF DEADLINES.
If the Presidential election in 1996 results in the election of a
new President, each deadline set forth in this subtitle shall be
postponed by three months.
SEC. 926. DEFINITIONS.
In this subtitle:
(1) The term ```above the line' force structure of the Armed
Forces'' means the 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 X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of 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. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress 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. Availability of funds for certain drug interdiction and
counter-drug activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. 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. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the
Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on members of the uniformed
services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions serving military
personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
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. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill H.R. 3230 of the One Hundred Fourth Congress and transmitted to
the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. 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. 1004. 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. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/MARINE CORPS AND AIR
FORCE AMMUNITION ACCOUNTS.
Section 114 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) In each budget submitted by the President to Congress under
section 1105 of title 31, amounts requested for procurement of
ammunition for the Navy and Marine Corps, and for procurement of
ammunition for the Air Force, shall be set forth separately from other
amounts requested for procurement.''.
SEC. 1006. FORMAT FOR ANNUAL BUDGET REQUESTS FOR DEFENSE AIRBORNE
RECONNAISSANCE PROGRAM.
(a) Separate Display Required.--The Secretary of Defense shall
ensure that in the budget justification documents for any fiscal year
there are set forth separately the amount requested for research,
development, test, and evaluation, and the amount requested for
procurement, for each program area within the Defense Airborne
Reconnaissance Program.
(b) Program Areas Within Defense Airborne Reconnaissance Program.--
For purposes of subsection (a), the programs of the Defense Airborne
Reconnaissance Program shall be categorized as being within one of the
following areas:
(1) Tactical unmanned aerial vehicles.
(2) Endurance unmanned aerial vehicles.
(3) Airborne reconnaissance systems.
(4) Manned reconnaissance systems.
(5) Distributed common ground systems.
(6) Any additional program area established by the Secretary of
Defense.
(c) Budget Justification Documents.--For purposes of subsection
(a), the term ``budget justification documents'' means the supporting
budget documentation submitted to the congressional defense committees
in support of the budget of the Department of Defense for a fiscal year
as included in the budget of the President submitted under section 1105
of title 31, United States Code, for that fiscal year.
SEC. 1007. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS TRANSFERRED
TO THE COAST GUARD.
(a) Limitation to National Security Functions.--Funds appropriated
to the Department of Defense for fiscal year 1997 that are transferred
pursuant to law 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 appropriated to the Department
of Defense for fiscal year 1997 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 in accordance with the limitation in
subsection (a).
(c) Periodic GAO Audits.--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 those funds are being
used in accordance with the limitation in subsection (a); and
(2) notify the congressional defense committees of any use of
those funds that, in the judgment of the Comptroller General, is a
violation of that limitation.
SEC. 1008. FISHER HOUSE TRUST FUND FOR THE DEPARTMENT OF THE NAVY.
(a) Authority.--Section 2221 of title 10, United States Code, is
amended--
(1) by adding at the end of subsection (a) 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) by adding at the end of subsection (a) the following:
``(94) Fisher House Trust Fund, Department of the Navy.''; and
(2) by adding at the end of subsection (b)(2) 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 new section:
``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 new item:
``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 during a
period when the Coast Guard is operating as a service in the
Navy'';
(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. DEPARTMENT OF DEFENSE DISBURSING OFFICIAL CHECK CASHING AND
EXCHANGE TRANSACTIONS.
Section 3342(b) of title 31, United States Code, is amended--
(1) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon;
(2) by striking out ``and'' at the end of paragraph (5);
(3) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof ``; or''; and
(4) by adding at the end the following new paragraph:
``(7) a Federal credit union (as defined in section 101(1) of
the Federal Credit Union Act (12 U.S.C. 1752(1)) that at the
request of the Secretary of Defense is operating on a United States
military installation in a foreign country, but only if that
country does not permit contractor-operated military banking
facilities to operate on such installations.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. 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. 1022. 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. 1023. 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.).
(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
designatedas 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. 1024. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO, CALIFORNIA.
(a) Transfer.--The Secretary of the Navy shall transfer the U.S.S.
Drum (SSN-677) to the city of Vallejo, California, in accordance with
this section and upon satisfactory completion of a ship donation
application. Before making such transfer, the Secretary of the Navy
shall remove from the vessel the reactor compartment and other
classified and sensitive military equipment.
(b) Funding.--As provided in section 7306(c) of title 10, United
States Code, the transfer of the vessel authorized by this section
shall be made at no cost to the United States (beyond the cost which
the United States would otherwise incur for dismantling and recycling
of the vessel).
(c) Applicable Law.--The transfer under this section shall be
subject to subsection (b) of section 7306 of title 10, United States
Code, but the provisions of subsection (d) of such section shall not be
applicable to such transfer.
SEC. 1025. SENSE OF CONGRESS CONCERNING USS LCS 102 (LSSL 102).
It is the sense of Congress that the Secretary of Defense should
use existing authorities in law to seek the expeditious return, upon
completion of service, of the former USS LCS102 (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 subsection
(e), during fiscal year 1997, the Secretary of Defense may provide the
Government of Mexico with the support described in subsection (b) for
the counter-drug activities of the Government of Mexico. The support
provided under the authority of this subsection shall be in addition to
support provided to the Government of Mexico under any other provision
of law.
(b) Types of Support.--The authority under subsection (a) is
limited to the provision of the following types of support:
(1) The transfer of nonlethal protective and utility per-
sonnel equipment.
(2) The transfer of the following nonlethal specialized
equipment:
(A) Navigation equipment.
(B) Secure and nonsecure communications equipment.
(C) Photo equipment.
(D) Radar equipment.
(E) Night vision systems.
(F) Repair equipment and parts for equipment referred to in
subparagraphs (A), (B), (C), (D), and (E).
(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment), firmware,
and software for aircraft or patrol boats, and related repair
equipment.
(4) The maintenance and repair of equipment of the Government
of Mexico that is used for counter-drug 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 (Public Law
101-510; 10 U.S.C. 374 note) shall apply to the provision of support
under this section.
(d) Funding.--Of the amount authorized to be appropriated under
section 301(19) for drug interdiction and counter-drug activities, not
more than $8,000,000 shall be available 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 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
substantially the same degree of 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 Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES.
(a) P-3B Aircraft.--Of the funds authorized to be appropriated
under section 301(19) for drug interdiction and counter-drug
activities, not more than $98,000,000 may be used for the purpose of
procuring or modifying two P-3B aircraft for use by departments and
agencies of the United Statesoutside the Department of Defense for drug
interdiction and counter-drug activities. However, funds may not be
obligated for such purpose until the Secretary of Defense submits to
the congressional defense committees a certification that the
procurement or modification of such aircraft and the use of such
aircraft by other departments or agencies of the United States will
significantly reduce the level of support that would otherwise be
required of E-3 AWACS aircraft as part of the drug interdiction and
counter-drug mission of the Department of Defense.
(b) Nonintrusive Inspection Devices.--Of the funds authorized to be
appropriated under section 301(19) for drug interdiction and counter-
drug activities, not more than $10,000,000 may be used to procure three
nonintrusive inspection devices for use by departments and agencies of
the United States outside the Department of Defense for drug
interdiction and counter-drug activities.
(c) Authority To Transfer Equipment.--The Secretary of Defense may
transfer to the head of any department or agency of the United States
outside the Department of Defense any equipment procured or modified
under this section with funds referred to in this section.
SEC. 1033. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW
ENFORCEMENT ACTIVITIES.
(a) Transfer Authority.--(1) Chapter 153 of title 10, United States
Code, is amended by inserting after section 2576 the following new
section:
``Sec. 2576a. Excess personal property: sale or donation for law
enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to Federal and State agencies personal property of the
Department of Defense, including small arms and ammunition, that the
Secretary determines is--
``(A) suitable for use by the agencies in law enforcement
activities, including counter-drug and counter-terrorism
activities; and
``(B) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in consultation
with the Attorney General and the Director of National Drug Control
Policy.
``(b) Conditions for Transfer.--The Secretary of Defense may
transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the property on an as-is, where-is
basis;
``(3) the transfer is made without the expenditure of any funds
available to the Department of Defense for the procurement of
defense equipment; and
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary
may transfer personal property under this section without charge to the
recipient agency.
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this section,
the Secretary shall give a preference to those applications indicating
that the transferred property will be used in the counter-drug or
counter-terrorism activities of the recipient agency.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2576 the
following new item:
``2576a. Excess personal property: sale or donation for law enforcement
activities.''.
(b) Conforming Amendments.--(1) Section 1208 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 10 U.S.C. 372 note) is repealed.
(2) Section 1005 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1630) is amended by
striking out ``section 1208 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note) and section 372''
and inserting in lieu thereof ``sections 372 and 2576a''.
SEC. 1034. SALE BY FEDERAL DEPARTMENTS OR AGENCIES OF CHEMICALS USED TO
MANUFACTURE CONTROLLED SUBSTANCES.
(a) DEA Certification.--The Controlled Substances Act is amended by
inserting after section 519 (21 U.S.C. 889) the following new section:
``SEC. 520. REVIEW OF FEDERAL SALES OF CHEMICALS USABLE TO MANUFACTURE
CONTROLLED SUBSTANCES.
``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 Administration, could be used in
the manufacture of a controlled substance 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.''.
(b) Clerical Amendment.--The table of contents of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is
amended by inserting after the item relating to section 519 the
following new item:
``Sec. 520. Review of Federal sales of chemicals usable to manufacture
controlled substances.''.
Subtitle D--Reports and Studies
SEC. 1041. ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND OPERATION
ENHANCED SOUTHERN WATCH.
(a) Annual Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to Congress a report on Operation
Provide Comfort and Operation Enhanced Southern Watch.
(b) Matters Relating to Operation Provide Comfort.--Each report
under subsection (a) shall include, with respect to Operation Provide
Comfort, the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for that operation during the
fiscal year in which the report is submitted and projected for the
following fiscal year, together with a discussion of missions and
functions expected to be performed by the Department as part of
that operation during each of those fiscal years.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to that operation
during each of those fiscal years.
(3) A discussion of options being pursued to reduce the
involvement of the Department of Defense in those aspects of that
operation that are not directly related to the military mission of
the Department of Defense.
(4) A discussion of the exit strategy for United States
involvement in, and support for, that operation.
(5) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the scope
and cost to the Department of Defense of accomplishing that mission
while maintaining mission success.
(6) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(7) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Kurdish population in
northern Iraq.
(c) Matters Relating to Operation Enhanced Southern Watch.--Each
report under subsection (a) shall include, with respect to Operation
Enhanced Southern Watch, the following:
(1) The expected duration and annual costs of the various
elements of that operation.
(2) The political and military objectives associated with that
operation.
(3) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(4) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the scope
and cost of accomplishing that mission while maintaining mission
success.
(5) A comprehensive discussion of the political and military
objectives and initiatives that the Department of Defense has
pursued, and intends to pursue, in order to reduce United States
involvement in that operation.
(6) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Shiite population by
air attack in southern Iraq or to jeopardize the security of
Kuwait.
(d) Termination of Report Requirement.--The requirement under
subsection (a) shall cease to apply with respect to an operation named
in that subsection upon the termination of United States involvement in
that operation.
(e) Definitions.--For purposes of this section:
(1) Operation enhanced southern watch.--The term ``Operation
Enhanced Southern Watch'' means the operation of the Department of
Defense that as of October 30, 1995, is designated as Operation
Enhanced Southern Watch.
(2) Operation provide comfort.--The term ``Operation Provide
Comfort'' means the operation of the Department of Defense that as
of October 30, 1995, is designated as Operation Provide Comfort.
SEC. 1042. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) Report Required.--Not later than March 1 of each year through
2000, 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 emerging operational concepts.
Each such report shall be prepared by the Secretary in consultation
with the Chairman of the Joint Chiefs of Staff.
(b) Matters To Be Included.--Each such report shall contain a
description, for the year preceding the year in which the report is
submitted, of the following:
(1) The process undertaken in the Department of Defense, and in
each of the Army, Navy, Air Force, and Marine Corps, to define and
develop doctrine, operational concepts, organizational concepts,
and acquisition strategies to address--
(A) the potential of emerging technologies for
significantly improving the operational effectiveness of the
Armed Forces;
(B) changes in the international order that may necessitate
changes in the operational capabilities of the Armed Forces;
(C) emerging capabilities of potential adversary states;
and
(D) changes in defense budget projections.
(2) The manner in which the processes described in paragraph
(1) are harmonized 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 processes described in paragraph
(1) are coordinated through the Joint Requirements Oversight
Council and reflected in the planning, programming, and budgeting
process of the Department of Defense.
SEC. 1043. REPORT ON DEPARTMENT OF DEFENSE MILITARY CHILD CARE
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense should be congratulated on the
successful implementation of the Military Child Care Act of 1989
(originally enacted as title XV of Public Law 101-189 and
subsequently codified as subchapter II of chapter 88 of title 10,
United States Code).
(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 since 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 Congress Related to Military-Civilian Child-Care
Partnership Programs.--It is the sense of Congress 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 such partnerships could 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 partnerships and
other initiatives undertaken by the Department of Defense as described
in subsection (b), 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. 1044. REPORT ON DEPARTMENT OF DEFENSE MILITARY YOUTH PROGRAMS.
(a) Findings.--Congress 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 (originally enacted as title XV of Public Law 101-189 and
subsequently codified as subchapter II of chapter 88 of title 10,
United States Code).
(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 providing funds for 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 Congress Related to Military-Civilian Youth
Partnership Programs.--It is the sense of Congress 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 be beneficial to 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 partnerships and
other initiatives undertaken by the Department as described in
subsection (b), 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. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION AGREEMENTS.
(a) Quarterly Reports on Coproduction Agreements.--Section 36(a) of
the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--
(1) by striking out ``and'' at the end of paragraph (10);
(2) by striking out the period at the end of paragraph (11) and
inserting in lieu thereof ``; and''; and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) a report on all concluded government-to-government
agreements regarding foreign coproduction of defense articles of
United States origin and all other concluded agreements involving
coproduction or licensed production outside of the United States of
defense articles of United States origin (including coproduction
memoranda of understanding or agreement) that have not been
previously reported under this subsection, which shall include--
``(A) the identity of the foreign countries, international
organizations, or foreign firms involved;
``(B) a description and the estimated value of the articles
authorized to be produced, and an estimate of the quantity of
the articles authorized to be produced;
``(C) a description of any restrictions on third-party
transfers of the foreign-manufactured articles; and
``(D) if any such agreement does not provide for United
States access to and verification of quantities of articles
produced overseas and their disposition in the foreign country,
a description of alternative measures and controls incorporated
in the coproduction or licensing program to ensure compliance
with restrictions in the agreement on production quantities and
third-party transfers.''.
(b) Effective Date.--Paragraph (12) of section 36(a) of the Arms
Export Control Act, as added by subsection (a)(3), does not apply with
respect to an agreement described in such paragraph entered into before
the date of the enactment of this Act.
SEC. 1046. REPORT ON WITNESS INTERVIEW PROCEDURES FOR DEPARTMENT OF
DEFENSE CRIMINAL INVESTIGATIONS.
(a) Survey of Military Department Policies and Practices.--The
Comptroller General of the United States shall conduct a survey of the
policies and practices of the Naval Criminal Investigative Service with
respect to the manner in which interviews of suspects and witnesses are
conducted in connection with criminal investigations of allegations of
contractor fraud. The purpose of the survey shall be to ascertain
whether or not investigators and agents of the Naval Criminal
Investigative Service conduct investigations of contractor fraud in
accordance with generally accepted Federal law enforcement standards
and applicable law.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on National Security of the House of Representatives and the
Committee on Armed Services of the Senate a report concerning the
survey under subsection (a). The report shall specifically address the
following:
(1) The extent to which investigators of the Naval Criminal
Investigative Service investigators and agents of the Naval
Criminal Investigative Service conduct investigations of contractor
fraud in accordance with generally accepted Federal law enforcement
standards and applicable law.
(2) The extent to which the interview policies established by
Department of Defense directives or Navy regulations are adequate
to instruct and guide investigators in the proper conduct of
subject and witness interviews.
(3) The desirability and feasibility of providing for video and
audio recording of interviews and, if recording is desirable, the
circumstances under which recordings should be made.
(4) The desirability and feasibility of making such recordings
or written transcriptions of interviews, or both, available on
demand to the subject or witness interviewed.
(5) The extent to which existing Department of Defense
directives and Navy regulations address the carrying and display of
weapons by agents, together with an assessment of whether any
change in any such directive or regulation is necessary.
(6) The extent to which existing Department of Defense
directives and Navy regulations provide guidance to agents to
ensure that the agents' conduct and demeanor is in accordance with
generally accepted Federal law enforcement standards and applicable
law.
(7) Any recommendation for legislation to ensure that
investigators and agents of the Naval Criminal Investigative
Service use legal and proper tactics during interviews in
connection with criminal investigations of allegations of
contractor fraud.
SEC. 1047. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED
FORCES.
(a) Report Required.--Not later than January 31, 1997, 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 the military readiness requirements of the
active and reserve components of the Armed Forces, including specific
combat units, combat support units, and combat service support units.
Based on the assessment scenario described in subsection (c), the
report shall assess such readiness requirements under a tiered
readiness and response system that categorizes a given unit of the
Armed Forces according to the likelihood that the unit will be required
to respond to a military conflict and the time in which the unit will
be required to respond.
(b) Preparation of Report.--The Chairman of the Joint Chiefs of
Staff, together with the other members of the Joint Chiefs of Staff
specified in section 151(a) of title 10, United States Code, shall
prepare the report required bysubsection (a). The Chairman of the Joint
Chiefs of Staff shall consult with the Commander of the Special
Operations Command in the preparation of the report.
(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 conflict.
(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 component, 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) Additional Information Regarding Certain Units.--With regard to
each unit that is not categorized within a classification described in
paragraph (1), (2), or (3) of subsection (d), the report shall
include--
(1) a description of the mission and mobilization or deployment
schedule (or both) of the unit in connection with the requirements
of the assessment scenario and the combat readiness requirements of
the Armed Forces; or
(2) an identification of the unit as excess to the needs of the
national military strategy and the reasons therefor.
(f) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified annex.
SEC. 1048. REPORT ON NATO ENLARGEMENT.
(a) Report.--Not later than February 1, 1997, the President shall
transmit 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 a report on the enlargement of the North Atlantic
Treaty Organization. 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 the North Atlantic Treaty Organization;
(B) further delays in the process of enlargement of the
North Atlantic Treaty Organization; and
(C) a failure to enlarge the North Atlantic Treaty
Organization.
(2) Additional North Atlantic Treaty Organization and United
States military expenditures requested by prospective members of
the North Atlantic Treaty Organization to facilitate their
admission into the North Atlantic Treaty Organization.
(3) Modifications necessary in the military strategy of the
North Atlantic Treaty Organization 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 enlargement of the North Atlantic
Treaty Organization 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 membership of the North Atlantic Treaty
Organization and additional security costs or benefits that may
accrue to the United States from enlargement of the North Atlantic
Treaty Organization.
(6) The state of democracy and free market development as it
affects the preparedness of Central and Eastern European nations
for the responsibilities of membership of the North Atlantic Treaty
Organization, including civilian control of the military, the rule
of law, human rights, and parliamentary oversight.
(7) The state of relations between prospective members of the
North Atlantic Treaty Organization 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 members of the North Atlantic
Treaty Organization to the principles of the North Atlantic Treaty
and the security of the North Atlantic area.
(9) The effect of enlargement of the North Atlantic Treaty
Organization on the political, economic, and security conditions of
European Partnership for Peace nations not among the first new
members of the North Atlantic Treaty Organization.
(10) The relationship between enlargement of the North Atlantic
Treaty Organization and EU enlargement and the costs and benefits
of both.
(11) The relationship between enlargement of the North Atlantic
Treaty Organization and treaties relevant to United States and
European security, such as the Conventional Armed Forces in Europe
Treaty.
(12) The anticipated impact both of enlargement of the North
Atlantic Treaty Organization and further delays of enlargement on
Russian foreign and defense policies and the costs and benefits of
a security relationship between the North Atlantic Treaty
Organization and Russia.
(b) Interpretation.--Nothing in this section shall be interpreted
or construed to affect the implementation of the NATO Participation Act
of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), or any
other program or activity which facilitates or assists prospective
members of the North Atlantic Treaty Organization.
Subtitle E--Management of Armed Forces Retirement Home
SEC. 1051. RETIREMENT HOME BOARDS OF DIRECTORS.
(a) Additional Term of Office.--Subsection (e) of section 1515 of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 415) is amended
by adding at the end the following new paragraph:
``(3) The Chairman of the Retirement Home Board may appoint a
member of the Retirement Home Board for a second consecutive term. The
Chairman of a Local Board may appoint a member of that Local Board for
a second consecutive term.''.
(b) Early Expiration of Term.--(1) Subsection (f) of such section
is amended to read as follows:
``(f) Early Expiration of Term.--A member of the Armed Forces or
Federal civilian employee who is appointed as a member of the
Retirement Home Board or a Local Board may serve as a board member only
so long as the member of the Armed Forces or Federal civilian employee
is assigned to or serving in the duty position that gave rise to the
appointment as a board member.''.
(2) The amendment made by this subsection shall not affect the
staggered terms of members of the Armed Forces Retirement Home Board or
a Local Board of the Retirement Home under section 1515(f) of such Act,
as such section is in effect before the date of the enactment of this
Act.
(c) Annual Evaluation of Directors.--Section 1517 of such Act (24
U.S.C. 417) is amended by striking out subsection (f) and inserting in
lieu thereof the following:
``(f) Annual Evaluation of Directors.--The Chairman of the
Retirement Home Board shall annually evaluate the performance of the
Directors and shall make such recommendations to the Secretary of
Defense as the Chairman considers appropriate in light of the
evaluation.''.
SEC. 1052. ACCEPTANCE OF UNCOMPENSATED SERVICES.
(a) Authority.--Part A of the Armed Forces Retirement Home Act of
1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended
by adding at the end the following new section:
``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) of the Armed Forces
Retirement Home Act of 1991 (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. 1053. DISPOSAL OF TRACT OF REAL PROPERTY IN THE DISTRICT OF
COLUMBIA.
(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, the Armed Forces Retirement Home
Board may convey, by sale or otherwise, all right, title, and interest
of the United States in a parcel of real property, including
improvements thereon, 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 Armed Forces
Retirement Home Board 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 Armed Forces
Retirement Home 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 Armed Forces Retirement Home 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.
Subtitle F--Other Matters
SEC. 1061. POLICY ON PROTECTION OF NATIONAL INFORMATION INFRASTRUCTURE
AGAINST STRATEGIC ATTACK.
(a) Report Requirement.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to Congress a
report setting forth a national policy on protecting the national
information infrastructure against strategic attack.
(b) Matters To Be Included.--The policy described in the report
shall include the following:
(1) Plans to meet essential Government and civilian needs
during a national security emergency associated with a strategic
attack on elements of the national information infrastructure the
functioning of which depend on networked computer systems.
(2) The identification of information infrastructure functions
that must be performed during such an emergency.
(3) The assignment of responsibilities to Federal departments
and agencies, and a description of the roles of Government and
industry, relating to indications and warning of, assessment of,
response to, and reconstitution after, potential strategic attacks
on the elements of the national information infrastructure
described under paragraph (1).
(c) Unresolved Issues.--The report shall also identify--
(1) matters relating to the national policy described in the
report that, as of the submission of the report, are in need of
further study and resolution, such as technology and funding
shortfalls; and
(2) legal and regulatory considerations relating to the
national policy.
(d) Update of Earlier Report.--The report shall include an update
of the report required to be submitted toCongress pursuant to section
1053 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 440).
SEC. 1062. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) Allocation.--Of the amounts appropriated for the Department of
Defense for the Defense Information Infrastructure for each of fiscal
years 1999 through 2002, the Secretary of Defense shall allocate to the
information systems security program (program element 0303140K) amounts
as follows:
(1) For fiscal year 1999, 2.5 percent.
(2) For fiscal year 2000, 3.0 percent.
(3) For fiscal year 2001, 3.5 percent.
(4) For fiscal year 2002, 4.0 percent.
(b) Relationship to Other Amounts.--Amounts allocated under
subsection (a) are in addition to amounts appropriated to the National
Security Agency and the Defense Advanced Research Projects Agency for
development of information security systems, acquisition of information
security systems, and operation of information security systems.
(c) Report.--Not later than November 15, 1997, the Secretary of
Defense shall submit to the congressional defense committees and the
congressional intelligence committees a report on information security
activities of the Department of Defense. The report shall describe--
(1) the objectives of the Secretary with respect to information
security and the strategy of the Secretary (including the strategy
with respect to funding) during fiscal years 1999 through 2002 to
achieve those objectives;
(2) how the Secretary intends to manage and allocate the funds
required by subsection (a) to be allocated to the information
systems security program; and
(3) if the Secretary determines that a funding plan for the
information systems security program for fiscal years 1999 through
2002 other than that specified in subsection (a) is appropriate,
the alternative funding plan proposed by the Secretary.
(d) Defense Information Infrastructure.--For purposes of this
section, the Defense Information Infrastructure is the web of
communications networks, computers, software, databases, applications,
data security services, and other capabilities that meets the
information processing and transport needs of Department of Defense
users.
SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN GOVERNMENTS AND
INTERNATIONAL ORGANIZATIONS FOR DEFENSE PURPOSES.
Section 2608(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and may accept
from any foreign government or international organization any
contribution of services made by such foreign government or
international organization for use by the Department of Defense''.
SEC. 1064. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE
IMAGERY RELATING TO ISRAEL.
(a) Collection and Dissemination.--A department or agency of the
United States may issue a license for the collection or dissemination
by a non-Federal entity of satellite imagery with respect to Israel
only if such imagery is no more detailed or precise than satellite
imagery of Israel that is available from commercial sources.
(b) Declassification and Release.--A department or agency of the
United States may declassify or otherwise release satellite imagery
with respect to Israel only if such imagery is no more detailed or
precise than satellite imagery of Israel that is available from
commercial sources.
SEC. 1065. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC SECURITY
STUDIES.
(a) Authority To Accept Foreign Gifts and Donations.--(1) The
Secretary of Defense may, on behalf of the George C. Marshall European
Center for Strategic Security Studies (in this section referred to as
the ``Marshall Center''), accept foreign gifts or donations in order to
defray the costs of, or enhance the operation of, the Marshall Center.
(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available for the Department of Defense for
the Marshall Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available for the
Marshall Center for the same purposes and same period as the
appropriations with which merged.
(3) The Secretary of Defense shall notify Congress if the total
amount of money accepted under paragraph (1) exceeds $2,000,000 in any
fiscal year. Any such notice shall list each of the contributors of
such amounts and the amount of each contribution in such fiscal year.
(4) For purposes of this subsection, a foreign gift or donation is
a gift or donation of funds, materials (including research materials),
property, or services (including lecture services and faculty services)
from a foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a foreign
country.
(b) Marshall Center Participation By Foreign Nations.--(1)
Notwithstanding any other provision of law, the Secretary of Defense
may authorize participation by a European or Eurasian nation in
Marshall Center programs if the Secretary determines, after
consultation with the Secretary of State, that such participation is in
the national interest of the United States.
(2) Not later than January 31 of each year, the Secretary of
Defense shall submit to Congress a report setting forth the names of
the foreign nations permitted to participate in programs of the
Marshall Center during the preceding year under paragraph (1). Each
such report shall be prepared by the Secretary with the assistance of
the Director of the Marshall Center.
(c) Exemptions for Members of Marshall Center Board of Visitors
From Certain Requirements.--(1) In the case of any person invited to
serve without compensation on the Marshall Center Board of Visitors,
the Secretary of Defense may waive any requirement for financial
disclosure thatwould otherwise apply to that person solely by reason of
service on such Board.
(2) Notwithstanding any other provision of law, a member of the
Marshall Center 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.
(3) Notwithstanding section 219 of title 18, United States Code, a
non-United States citizen may serve on the Marshall Center Board of
Visitors even though registered as a foreign agent.
SEC. 1066. 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 (Public
Law 101-510; 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 section.
(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. 1067. ASSIMILATIVE CRIMES AUTHORITY FOR TRAFFIC OFFENSES ON
MILITARY INSTALLATIONS.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is amended--
(1) by striking out ``Whoever shall violate'' and inserting in
lieu thereof ``(a) Except as provided in subsection (b), whoever
violates'';
(2) by inserting ``than'' after ``not more''; and
(3) by adding at the end the following:
``(b)(1) Whoever violates any military traffic regulation shall be
fined an amount not to exceed the amount of the maximum fine for a like
or similar offense under the criminal or civil law of the State,
territory, possession, or district where the military installation in
which the violation occurred is located, or imprisoned for not more
than 30 days, or both.
``(2) For purposes of this subsection, the term `military traffic
regulation' means a 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.''.
SEC. 1068. 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'' 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. 1069. PUNISHMENT OF INTERSTATE STALKING.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended by inserting after section 2261 the following new section:
``Sec. 2261A. Interstate stalking
``Whoever travels across a State line or within the special
maritime and territorial jurisdiction of the United States with the
intent to injure or harass another person, and in the course of, or as
a result of, such travel places that person in reasonable fear of the
death of, or serious bodily injury (as defined in section 1365(g)(3) of
this title) to, that person or a member of that person's immediate
family (as defined in section 115 of this title) shall be punished as
provided in section 2261 of this title.''.
(b) Conforming Amendments.--Title 18, United States Code, is
amended as follows:
(1) Section 2261(b) is amended by inserting ``or section
2261A'' after ``this section''.
(2) Sections 2261(b) and 2262(b) 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 is amended by
inserting ``AND STALKING'' after ``VIOLENCE''.
(4) The item relating to chapter 110A in the table of chapters
at the beginning of part I is amended to read as follows:
``110A. Domestic violence and stalking........................2261''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of such title is amended by inserting after the item
relating to section 2261 the following new item:
``2261A. Interstate stalking.''.
SEC. 1070. PARTICIPATION OF MEMBERS, DEPENDENTS, AND OTHER PERSONS IN
CRIME PREVENTION EFFORTS AT INSTALLATIONS.
(a) Crime Prevention Plan.--The Secretary of Defense shall prepare
and implement an incentive-based plan to encourage members of the Armed
Forces, dependents of members, civilian employees of the Department of
Defense, and employees of defense contractors performing work at
military installations to report to an appropriate military law
enforcement agency any crime or criminal activity that the person
reasonably believes occurred on a military installation or involves a
member of the Armed Forces.
(b) Incentives to Report Criminal Activity.--The Secretary of
Defense shall include in the plan developed under subsection (a)
incentives for members and other persons described in such subsection
to provide information to appropriate military law enforcement agencies
regarding any crime or criminal activity occurring on a military
installation or involving a member of the Armed Forces.
(c) Report Regarding Implementation.--Not later than February 1,
1997, the Secretary shall submit to Congress a report describing the
plan being developed under subsection (a).
SEC. 1071. DISPLAY OF STATE FLAGS AT INSTALLATIONS AND FACILITIES OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2249b. Display of State flags: prohibition on use of funds to
arbitrarily exclude flag; position and manner of display
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to prescribe or enforce any rule
that arbitrarily excludes the official flag of any State, territory, or
possession of the United States from any display of the flags of the
States, territories, and possessions of the United States at an
official ceremony of the Department of Defense.
``(b) Position and Manner of Display.--The display of an official
flag of a State, territory, or possession of the United States 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).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter I of such chapter is amended by adding at the end the following
new item:
``2249b. Display of State flags: prohibition on use of funds to
arbitrarily exclude flag; position and manner of display.''.
SEC. 1072. TREATMENT OF EXCESS OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.
(a) Reutilization or Sale Before Transfer.--An operational support
airlift aircraft that is excess to the requirements of the United
States shall be placed in an inactive status and stored at Davis-
Monthan Air Force Base, Arizona, only upon the determination of the
Secretary of Defense that all reasonable efforts for the reutilization
of the aircraft by, or sale of the aircraft to, Federal agencies or
other persons have been completed. The Secretary shall ensure that
attempts to reutilize or sell the entire aircraft are given precedence
over any reutilization or sale of individual parts or components of the
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. 1073. CORRECTION TO STATUTORY REFERENCES TO CERTAIN DEPARTMENT OF
DEFENSE ORGANIZATIONS.
(a) North American Aerospace Defense Command.--Section 162(a) of
title 10, United States Code, is amended by striking out ``North
American Air Defense Command'' in paragraphs (1), (2), and (3) and
inserting in lieu thereof ``North American Aerospace Defense Command''.
(b) Former Naval Records and History Office and Fund.--(1) Section
7222 of title 10, United States Code, is amended by striking out
``Office of Naval Records andHistory'' each place it appears in
subsections (a) and (c) and inserting in lieu thereof ``Naval
Historical Center''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 7222. Naval Historical Center Fund''.
(B) 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.''.
(3) Section 2055(g) of the Internal Revenue Code of 1986 is amended
by striking out paragraph (4) and inserting in lieu thereof the
following:
``(4) For treatment of gifts and bequests for the benefit of
the Naval Historical Center as gifts or bequests to or for the
use of the United States, see section 7222 of title 10, United
States Code.''.
(c) 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)).
(d) Chemical Demilitarization Citizens Advisory Commissions.--
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) is
amended by striking out ``Assistant Secretary of the Army
(Installations, Logistics, and Environment)'' in subsections (b) and
(f) and inserting in lieu thereof ``Assistant Secretary of the Army
(Research, Development and Acquisition)''.
(e) Defense Advanced Research Projects Agency.--(1) Each of the
following provisions of law is amended by inserting ``Defense'' before
``Advanced Research Projects Agency'' each place it appears:
(A) Section 5316 of title 5, United States Code.
(B) Subsections (b), (f), and (i) of section 2371 of title 10,
United States Code.
(C) Section 822(c)(1)(D) of Public Law 101-510 (42 U.S.C.
6686).
(D) Section 845(a) of Public Law 103-160 (10 U.S.C. 2371 note).
(E) Section 243(a) of Public Law 103-160 (10 U.S.C. 2431 note).
(F) Sections 1352(c)(2), 1353, and 1354(a) of Public Law 103-
160 (10 U.S.C. 2501 note).
(2) The section headings of each of the following sections are
amended by inserting ``defense'' before ``advanced'':
(A) Section 845 of Public Law 103-160 (10 U.S.C. 2371 note).
(B) Sections 1353 and 1354 of Public Law 103-160 (10 U.S.C.
2501 note).
(3) The heading for subsection (a) of section 1354 of Public Law
103-160 (10 U.S.C. 2501 note) is amended by striking out ``ARPA'' and
inserting in lieu thereof ``DARPA''.
SEC. 1074. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Miscellaneous Amendments to Title 10, United States Code.--
Title 10, United States Code, is amended as follows:
(1) Section 129(a) is amended by striking out ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1996'' and inserting in lieu thereof ``February 10, 1996,''.
(2) Section 401 is amended--
(A) in subsection (a)(4), by striking out ``Armed Forces''
both places it appears and inserting in lieu thereof ``armed
forces''; and
(B) in subsection (e), by inserting ``any of the
following'' after ``means''.
(3) Section 528(b) is amended by striking out ``(1)'' after
``(b)'' and inserting ``(1)'' before ``The limitation''.
(4) Section 1078a(a) is amended by striking out ``Beginning on
October 1, 1994, the'' and inserting in lieu thereof ``The''.
(5) Section 1161(b)(2) is amended by striking out ``section
1178'' and inserting in lieu thereof ``section 1167''.
(6) Section 1167 is amended by striking out ``person'' and
inserting in lieu thereof ``member''.
(7) The table of sections at the beginning of chapter 81 is
amended by striking out ``Sec.'' in the item relating to section
1599a.
(8) Section 1588(d)(1)(C) is amended by striking out ``Section
522a'' and inserting in lieu thereof ``Section 552a''.
(9) Chapter 87 is amended--
(A) in section 1723(a), by striking out the second
sentence;
(B) in section 1724--
(i) in subsection (a), by striking out ``small purchase
threshold'' and inserting in lieu thereof ``simplified
acquisition threshold''; and
(ii) in subsections (a) and (b), by striking out ``,
beginning on October 1, 1993,'';
(C) in section 1733(a), by striking out ``On and after
October 1, 1993, a'' and inserting in lieu thereof ``A''; and
(D) in section 1734--
(i) in subsection (a)(1), by striking out ``, on and
after October 1, 1993,''; and
(ii) in subsection (b)(1)(A), by striking out ``, on
and after October 1, 1991,''.
(10) Section 2216, as added by section 371 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106;
107 Stat. 277), is redesignated as section 2216a, and the item
relating to that section in thetable of sections at the beginning
of chapter 131 is revised so as to reflect such redesignation.
(11) Section 2305(b)(6) is amended--
(A) in subparagraph (B), by striking out ``of this
section'' and ``of this paragraph'';
(B) in subparagraph (C), by striking out ``this
subsection'' and inserting in lieu thereof ``subparagraph
(A)''; and
(C) in subparagraph (D), by striking out ``pursuant to this
subsection'' and inserting in lieu thereof ``under subparagraph
(A)''.
(12) Section 2306a(h)(3) is amended by inserting ``(41 U.S.C.
403(12))'' before the period at the end.
(13) Section 2323a(a) is amended by striking out ``section 1207
of the National Defense Authorization Act for Fiscal Year 1987 (10
U.S.C. 2301 note)'' and inserting in lieu thereof ``section 2323 of
this title''.
(14) Section 2534(c)(4) is amended by striking out ``the date
occurring two years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996'' and inserting in
lieu thereof ``February 10, 1998''.
(15) The table of sections at the beginning of chapter 155 is
amended by striking out the item relating to section 2609.
(16) Section 2610(e) is amended by striking out ``two years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in lieu
thereof ``on February 10, 1998''.
(17) Sections 2824(c) and 2826(i)(1) are amended by striking
out ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in lieu
thereof ``February 10, 1996''.
(18) Section 3036(d)(3) is amended by striking out ``For
purposes of this subsection,'' and inserting in lieu thereof ``In
this subsection,''.
(19) The table of sections at the beginning of chapter 641 is
amended by striking out the item relating to section 7434.
(20) Section 7863 is amended by inserting ``were'' in the first
sentence after ``the stores''.
(21) Section 10542(b)(21) is amended by striking out ``261''
and inserting in lieu thereof ``12001''.
(22) Section 12205(a) is amended by striking out ``After
September 30, 1995, no person'' and inserting in lieu thereof ``No
person''.
(b) Amendments to Public Law 104-106.--The National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
186 et seq.) is amended as follows:
(1) Section 561(d)(1) (110 Stat. 322) is amended by inserting
``of such title'' after ``Section 1405(c)''.
(2) Section 1092(b)(2) (110 Stat. 460) is amended by striking
out the period at the end and inserting in lieu thereof ``; and''.
(3) Section 4301(a)(1) (110 Stat. 656) is amended by inserting
``of subsection (a)'' after ``in paragraph (2)''.
(4) Section 5601 (110 Stat. 699) is amended--
(A) in subsection (a), by inserting ``of title 10, United
States Code,'' before ``is amended''; and
(B) in subsection (c), by striking out ``use of equipment
or services if,'' in the second quoted matter therein and
inserting in lieu thereof ``use of the equipment or services''.
(5) Section 3403 (110 Stat. 631) is amended by striking out
``Act of Fiscal'' and inserting in lieu thereof ``Act for Fiscal''.
(6) Section 4202(c)(1) (110 Stat. 653) is amended, effective as
of February 10, 1996, by striking out ``purchases of''' in the
first quoted matter therein and inserting in lieu thereof
``contracts for'''.
(7) Section 5607(c) (110 Stat. 701) is amended, effective as of
February 10, 1996--
(A) by striking out ``303B(h)'' and by inserting in lieu
thereof ``303B(k)''; and
(B) by striking out ``253b(h)'' and by inserting in lieu
thereof ``253b(k)''.
(c) Provisions Executed Before Enactment of Public Law 104-106.--
(1) Section 533(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 315) shall
apply as if enacted as of December 31, 1995.
(2) The authority provided under section 942(f) of title 10,
United States Code, shall be effective as if section 1142 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 467) had been enacted on September 29, 1995.
(d) Amendments to Other Acts.--
(1) The last section of the Office of Federal Procurement
Policy Act (41 U.S.C. 434), as added by section 5202 of Public Law
104-106 (110 Stat. 690), is redesignated as section 38, and the
item appearing after section 34 in the table of contents in the
first section of that Act is transferred to the end of such table
of contents and revised so as to reflect such redesignation.
(2) Section 1412(g)(2) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)), is amended--
(A) in the matter preceding subparagraph (A), by striking
out ``shall contain--'' and inserting in lieu thereof ``shall
include the following:'';
(B) in subparagraph (A)--
(i) by striking out ``a'' before ``site-by-site'' and
inserting in lieu thereof ``A''; and
(ii) by striking out the semicolon at the end and
inserting in lieu thereof a period; and
(C) in subparagraphs (B) and (C), by striking out ``an'' at
the beginning of the subparagraph and inserting in lieu thereof
``An''.
(3) Section 3131 of Public Law 99-570 (19 U.S.C. 2081; 100
Stat. 3207-91) is amended in clause (v) of subsection (a)(1)(A) by
striking out ``and (c)'' both places it appears.
(e) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
(f) Amendments to the Office of Federal Procurement Policy Act.--
The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is
amended as follows:
(1) Section 6(f) (41 U.S.C. 405(f)) is amended by striking out
``the policies set forth in section 2 or''.
(2) Section 15(a) (41 U.S.C. 413(a)) is amended by striking out
the second sentence.
(3) Section 25 (41 U.S.C. 421) is amended--
(A) in subsection (c)--
(i) in paragraph (3), by striking out ``the policies
set forth in section 2 of this Act or''; and
(ii) in paragraph (5), by striking out ``or the
policies set forth in section 2 of this Act''; and
(B) in subsection (e), by striking out ``the policies of
section 2 and''.
SEC. 1075. MODIFICATION TO 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.--The first section 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'' both places it
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 amount 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 amount 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:
``(1) The term `uniformed services' has the meaning given such
term in section 101 of title 10, United States Code.
``(2) The term `tortious conduct' includes any tortious
omission.
``(3) 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 undertitle 37, United States Code,
or any other law providing pay for service in the uniformed services.
``(4) The term `Secretary concerned' means--
``(A) 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);
``(B) the Secretary of Transportation, with respect to the
Coast Guard when it is not operating as a service in the Navy;
``(C) the Secretary of Health and Human Services, with
respect to the commissioned corps of the Public Health Service;
and
``(D) the Secretary of Commerce, with respect to the
commissioned corps of the National Oceanic and Atmospheric
Administration.''.
(b) Conforming Amendments.--The first section 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 it appears.
(c) Effective Date.--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 occurs before, on, or after that date.
SEC. 1076. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report assessing the
implementation and success of the establishment of site-specific
Integrated Product and Process Teams as a management tool for the
Chemical Stockpile Emergency Preparedness Program.
(b) Contingent Mandated Reforms.--If at the end of the 120-day
period beginning on the date of the enactment of this Act the Secretary
of the Army and the Director of the Federal Emergency Management Agency
have been unsuccessful in implementing a site-specific Integrated
Product and Process Team with each of the affected States, the
Secretary of the Army shall--
(1) assume full control and responsibility for the Chemical
Stockpile Emergency Preparedness Program (eliminating the role of
the Director of the Federal Emergency Management Agency as joint
manager of the program);
(2) establish programmatic agreement with each of the affected
States regarding program requirements, implementation schedules,
training and exercise requirements, and funding (to include direct
grants for program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
SEC. 1077. EXEMPTION FROM REQUIREMENTS APPLICABLE TO SAVINGS
ASSOCIATIONS FOR CERTAIN 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--
(1) in the subparagraph caption, by striking out ``association
serving transient'' and inserting in lieu thereof ``associations
serving certain'';
(2) by striking out ``company if--'' and all that follows
through ``90 percent'' and inserting in lieu thereof ``company if
at least 90 percent''; and
(3) by striking out ``officers'' both places it appears and
inserting in lieu thereof ``members''.
SEC. 1078. IMPROVEMENTS TO NATIONAL SECURITY EDUCATION PROGRAM.
(a) Temporary Requirement Relating to Employment.--Title VII of the
Department of Defense Appropriations Act, 1996 (Public Law 104-61; 109
Stat. 650), is amended in the paragraph under the heading ``National
Security Education Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--(1) Subparagraph (A) of
subsection (a)(1) of section 802 of the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1902) is amended to read as
follows:
``(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)) in
those languages and study areas where deficiencies exist
(as identified in the assessments undertaken pursuant to
section 806(d)); and
``(ii) pursuant to subsection (b)(2)(A), enter into an
agreement to work in a national security position or work
in the field of higher education in the area of study for
which the scholarship was awarded;''; and
(2) Subparagraph (B) of that subsection is amended--
(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
in a national security position or work in''.
(c) Service Agreement.--(1) Subsection (b) of that section is
amended 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) Paragraph (2) of that subsection is amended to read as follows:
``(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 a national security position 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 national
security position 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 a national security position 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 national
security position 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 is
further amended--
(1) by 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 these 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 a
national security position'' 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
``section 802(a)(1)(B)'';
(3) by redesignating paragraph (5) as paragraph (8); 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 any
academic discipline, particularly in the areas of science or
technology.
``(6) Provide the Secretary biennially with a list of
scholarship recipients and fellowship recipients, including an
assessment of their foreign area and language skills, who are
available to work in a national security position.
``(7) Not later than 30 days after a scholarship or fellowship
recipient completes the study or education for which assistance was
provided under the program, provide the Secretary with a report
fully describing the foreign area and language skills obtained by
the recipient as a result of the assistance.''.
(f) National Security Position Defined.--(1) Section 808 of that
Act (50 U.S.C. 1908) is amended by adding at the end the following new
paragraph:
``(4) The term `national security position' means a position--
``(A) having national security responsibilities in a agency
or office of the Federal Government that has national security
responsibilities, as determined under section 802(g); and
``(B) in which the individual in such position makes their
foreign language skills available to such agency or office.''.
(2) Section 802 of that Act (50 U.S.C. 1902), as amended by
subsection (d)(1) of this section, is further amended by adding at the
end the following new subsection:
``(g) Determination of Agencies and Offices of the Federal
Government Having National Security Responsibilities.--(1) The
Secretary, in consultation with the Board, shall annually determine and
develop a list identifying each agency or office of the Federal
Government having national security responsibilities at which a
recipient of a fellowship or scholarship under this title will be able
to make the recipient's foreign area and language skills available to
such agency or office. The Secretary shall submit the first such list
to the Congress and include each subsequent list in the annual report
to the Congress, as required by section 806(b)(6).
``(2) Notwithstanding section 804, funds may not be made available
from the Fund to carry out this title for fiscal year 1997 until 30
days after the date on which the Secretary of Defense submits to the
Congress the first such list required by paragraph (1).''.
(3) Section 806(b) of that Act (50 U.S.C. 1906(b)) is amended by
striking out ``and'' at the end of paragraph (5), redesignating
paragraph (6) as paragraph (7), and inserting after paragraph (5) the
following new paragraph (6):
``(6) the current list of agencies and offices of the Federal
Government required to be developed by section 802(g); and''.
(g) 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 (50 U.S.C. 1901 et seq.) that result from the amendments made by
this section.
(2) The report shall include an assessment of the contribution of
the program, as so improved, in meeting the national security
objectives of the United States.
SEC. 1079. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) Aviation Risk Insurance.--(1) Chapter 931 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 9514. Indemnification of Department of Transportation for losses
covered by defense-related aviation insurance
``(a) Prompt Indemnification Required.--(1) In the event of a loss
that is covered by defense-related aviation insurance, the Secretary of
Defense shall promptly indemnify the Secretary of Transportation for
the amount of the loss consistent with the indemnification agreement
between the two Secretaries that underlies such insurance. The
Secretary of Defense shall make such indemnification--
``(A) in the case of a claim for the loss of an aircraft hull,
not later than 30 days after the date on which the Secretary of
Transportation determines the claim to be payable or that amounts
are due under the policy that provided the defense-related aviation
insurance; and
``(B) in the case of any other claim, not later than 180 days
after the date on which the Secretary of Transportation determines
the claim to be payable.
``(2) When there is a loss of an aircraft hull that is (or may be)
covered by defense-related aviation insurance, the Secretary of
Transportation may make, during the period when a claim for such loss
is pending with the Secretary of Transportation, any required periodic
payments owed by the insured party to a lessor or mortgagee of such
aircraft. Such payments shall commence not later than 30 days following
the date of the presentment of the claim for the loss of the aircraft
hull to the Secretary of Transportation. If the Secretary of
Transportation determines that the claim is payable, any amount paid
under this paragraph arising from such claim shall be credited against
the amount payable under the aviation insurance. If the Secretary of
Transportation determines that the claim is not payable, any amount
paid under this paragraph arising from such claim shall constitute a
debt to the United States, payable to the insurance fund. Any such
amounts so returned to the United States shall be promptly credited to
the fund or account from which the payments were made under this
paragraph.
``(b) Source of Funds for Payment of Indemnity.--The Secretary of
Defense may pay an indemnity described in subsection (a) from any funds
available to the Department of Defense for operation and maintenance,
and such sums as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of Transportation
for such purpose.
``(c) Notice to Congress.--In the event of a loss that is covered
by defense-related aviation insurance in the case of an incident in
which the covered loss is (or is expected to be) in an amount in excess
of $1,000,000, the Secretary of Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence of
the loss as possible and in no event more than 30 days after the
date of the loss; and
``(2) semiannual reports thereafter updating the information
submitted under paragraph (1) and showing with respect to losses
arising from such incident the total amount expended to cover such
losses, the source of thosefunds, pending litigation, and estimated
total cost to the Government.
``(d) Implementing Matters.--(1) Payment of indemnification under
this section is not subject to section 2214 or 2215 of this title or
any other provision of law requiring notification to Congress before
funds may be transferred.
``(2) Consolidation of claims arising from the same incident is not
required before indemnification of the Secretary of Transportation for
payment of a claim may be made under this section.
``(e) Construction With Other Transfer Authority.--Authority to
transfer funds under this section is in addition to any other authority
provided by law to transfer funds (whether enacted before, on, or after
the date of the enactment of this section) and is not subject to any
dollar limitation or notification requirement contained in any other
such authority to transfer funds.
``(f) Annual Report on Contingent Liabilities.--Not later than
March 1 of each year, the Secretary of Defense shall submit to Congress
a report setting forth the current amount of the contingent outstanding
liability of the United States under the insurance program under
chapter 443 of title 49.
``(g) Definitions.--In this section:
``(1) Defense-related aviation insurance.--The term `defense-
related aviation insurance' means aviation insurance and
reinsurance provided through policies issued by the Secretary of
Transportation under chapter 443 of title 49 that pursuant to
section 44305(b) of that title is provided by that Secretary
without premium at the request of the Secretary of Defense and is
covered by an indemnity agreement between the Secretary of
Transportation and the Secretary of Defense.
``(2) Loss.--The term `loss' includes damage to or destruction
of property, personal injury or death, and other liabilities and
expenses covered by the defense-related aviation insurance.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9514. Indemnification of Department of Transportation for losses
covered by defense-related aviation insurance.''.
(b) Vessel War Risk Insurance.--(1) Chapter 157 of title 10, United
States Code, is amended by adding after section 2644, as redesignated
by section 906, the following new section:
``Sec. 2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance
``(a) Prompt Indemnification Required.--(1) In the event of a loss
that is covered by vessel war risk insurance, the Secretary of Defense
shall promptly indemnify the Secretary of Transportation for the amount
of the loss consistent with the indemnification agreement between the
two Secretaries that underlies such insurance. The Secretary of Defense
shall make such indemnification--
``(A) in the case of a claim for the loss of a vessel, not
later than 90 days after the date on which the Secretary of
Transportation determines the claim to be payable or that amounts
are due under the policy that provided the vessel war risk
insurance; and
``(B) in the case of any other claim, not later than 180 days
after the date on which on which the Secretary of Transportation
determines the claim to be payable.
``(2) When there is a loss of a vessel that is (or may be) covered
by vessel war risk insurance, the Secretary of Transportation may make,
during the period when a claim for such loss is pending with the
Secretary of Transportation, any required periodic payments owed by the
insured party to a lessor or mortgagee of such vessel. Such payments
shall commence not later than 30 days following the date of the
presentment of the claim for the loss of the vessel to the Secretary of
Transportation. If the Secretary of Transportation determines that the
claim is payable, any amount paid under this paragraph arising from
such claim shall be credited against the amount payable under the
vessel war risk insurance. If the Secretary of Transportation
determines that the claim is not payable, any amount paid under this
paragraph arising from such claim shall constitute a debt to the United
States, payable to the insurance fund. Any such amounts so returned to
the United States shall be promptly credited to the fund or account
from which the payments were made under this paragraph.
``(b) Source of Funds for Payment of Indemnity.--The Secretary of
Defense may pay an indemnity described in subsection (a) from any funds
available to the Department of Defense for operation and maintenance,
and such sums as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of Transportation
for such purpose.
``(c) Deposit of Funds.--Any amount transferred to the Secretary of
Transportation under this section shall be deposited in, and merged
with amounts in, the Vessel War Risk Insurance Fund as provided in the
second sentence of section 1208(a) of the Merchant Marine Act, 1936 (46
U.S.C. App. 1288(a)).
``(d) Notice to Congress.--In the event of a loss that is covered
by vessel war risk insurance in the case of an incident in which the
covered loss is (or is expected to be) in an amount in excess of
$1,000,000, the Secretary of Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence of
the loss as possible and in no event more than 30 days after the
date of the loss; and
``(2) semiannual reports thereafter updating the information
submitted under paragraph (1) and showing with respect to losses
arising from such incident the total amount expended to cover such
losses, the source of such funds, pending litigation, and estimated
total cost to the Government.
``(e) Implementing Matters.--(1) Payment of indemnification under
this section is not subject to section 2214 or2215 of this title or any
other provision of law requiring notification to Congress before funds
may be transferred.
``(2) Consolidation of claims arising from the same incident is not
required before indemnification of the Secretary of Transportation for
payment of a claim may be made under this section.
``(f) Construction With Other Transfer Authority.--Authority to
transfer funds under this section is in addition to any other authority
provided by law to transfer funds (whether enacted before, on, or after
the date of the enactment of this section) and is not subject to any
dollar limitation or notification requirement contained in any other
such authority to transfer funds.
``(g) Annual Report on Contingent Liabilities.--Not later than
March 1 of each year, the Secretary of Defense shall submit to Congress
a report setting forth the current amount of the contingent outstanding
liability of the United States under the vessel war risk insurance
program under title XII of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1281 et seq.).
``(h) Definitions.--In this section:
``(1) Vessel war risk insurance.--The term `vessel war risk
insurance' means insurance and reinsurance provided through
policies issued by the Secretary of Transportation under title XII
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et seq.),
that is provided by that Secretary without premium at the request
of the Secretary of Defense and is covered by an indemnity
agreement between the Secretary of Transportation and the Secretary
of Defense.
``(2) Vessel war risk insurance fund.--The term `Vessel War
Risk Insurance Fund' means the insurance fund referred to in the
first sentence of section 1208(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1288(a)).
``(3) Loss.--The term `loss' includes damage to or destruction
of property, personal injury or death, and other liabilities and
expenses covered by the vessel war risk insurance.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2644, as added by
section 906, the following new item:
``2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance.''.
SEC. 1080. 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 liberation 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. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE AGREEMENT
BETWEEN UNITED STATES AND JAPAN.
(a) Findings.--Congress 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 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 the 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
the United States-Japan Semiconductor Trade Agreement to promote
cooperation in United States-Japan semiconductor trade.
(b) Sense of Congress.--On the basis of the findings contained in
subsection (a), it is the sense of Congress that--
(1) it is regrettable that the Government of Japan has refused
to consider continuation of the United States-Japan Semiconductor
Trade Agreement to ensure that cooperation continues in the
semiconductor sector beyond the expiration of the agreement on July
31, 1996; and
(2) the President should take all necessary and appropriate
actions to ensure the resumption and extension of the United
States-Japan Semiconductor Trade Agreement beyond July 31, 1996.
(c) Definition.--For purposes of 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. 1082. AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE
UNITED STATES AND FOREIGN COUNTRIES.
(a) Authority To Enter Into International Exchange Agreements.--(1)
The Secretary of Defense may enter into international defense personnel
exchange agreements.
(2) For purposes of this section, an international defense
personnel exchange agreement is an agreement with the government of an
ally of the United States or another friendly foreign country for the
exchange of--
(A) military and civilian personnel of the Department of
Defense; and
(B) military and civilian personnel of the defense ministry of
that foreign government.
(b) Assignment of Personnel.--(1) Pursuant to an international
defense personnel exchange agreement, 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 such 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) An individual may not be assigned to a position pursuant to an
international defense personnel exchange agreement unless the
assignment is acceptable to both governments.
(c) Reciprocity of Personnel Qualifications Required.--Each
government shall be required under an international defense personnel
exchange agreement to provide personnel with 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 costs, cost of language or
other training, and other costs for its own personnel in accordance
with the applicable laws and regulations of such government.
(2) Paragraph (1) does not apply to the following costs:
(A) The cost of temporary duty directed by the host government.
(B) The cost of training programs conducted to familiarize,
orient, or certify exchanged personnel regarding unique aspects of
the assignments of the exchanged personnel.
(C) Costs incident to the use of the facilities of the host
government 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.--The requirements in
subsections (c) and (d) shall apply in the exercise of any authority of
the Secretaries of the military departments to enter into an agreement
with the government of a foreign country to provide for the exchange of
members of the armed forces and military personnel of the foreign
country. The Secretary of Defense may prescribe regulations for the
application of such subsections in the exercise of such authority.
SEC. 1083. 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, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 737), the price of the transferred equipment shall not exceed the
lowest level at which the same or similar equipmenthas been transferred
to any other country under any other United States Government program.
SEC. 1084. DEFENSE BURDENSHARING.
(a) 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 by September 30, 2000, 75 percent of such costs.
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.
(b) Authorities To Encourage Actions by United States Allies.--In
seeking the actions described in subsection (a) 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 to the extent otherwise authorized by law:
(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 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, consistent with
the terms of such agreement.
(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.
(c) 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 (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described in
subsection (a); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(d) 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.
(e) Report Date.--Section 1003(c) of Public Law 98-515 is amended
by striking out ``each year'' and inserting ``by March 1, 1998, and
every other year thereafter''.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
SEC. 1101. SHORT TITLE.
This title may be cited as the ``National Imagery and Mapping
Agency Act of 1996''.
SEC. 1102. 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.
SEC. 1103. 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.--(1) 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) The Director of the National Imagery and Mapping Agency.
``(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 item relating to section 201 in the
table of sections at the beginning of subchapter II of chapter 8 of
such title is amended to read as follows:
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.''.
Subtitle A--Establishment of Agency
SEC. 1111. ESTABLISHMENT.
(a) Establishment.--There is hereby established in the Department
of Defense a Defense Agency to be known as the National Imagery and
Mapping Agency.
(b) Transfer of Functions From Department of Defense Entities.--The
missions and functions of the following elements of the Department of
Defense are transferred to the National Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as specified in
the classified annex to this Act.
(c) Transfer of Functions From 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:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
(d) Preservation of Level and Quality of Imagery Intelligence
Support to All-Source Analysis and Production.--In managing the
establishment of the National Imagery and Mapping Agency, the Secretary
of Defense, in consultation with the Director of Central Intelligence,
shall ensure that imagery intelligence support provided to all-source
analysis and production is in no way degraded or compromised.
SEC. 1112. MISSIONS AND AUTHORITY.
(a) Agency Charter.--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. Missions and Authority....................................... 441
``II. Maps, Charts, and Geodetic Products......................... 451
``III. Personnel Management....................................... 461
``IV. Definitions................................................. 467
``SUBCHAPTER I--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.
``(2) Upon a vacancy in the position of Director, the Secretary of
Defense shall recommend to the President an individual for appointment
to the position.
``(3) If an officer of the armed forces on active duty is appointed
to the position of Director, the position shall be treated as having
been designated by the President as a position of importance and
responsibility for purposes of section 601 of this title and shall
carry the grade of lieutenant general, or, in the case of an officer of
the Navy, vice admiral.
``(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the Director of
Central Intelligence shall have authority (except as otherwise agreed
by the Director and the Secretary of Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.
``(d) Availability and Continued Improvement of Imagery
Intelligence Support to All-Source Analysis and Production Function.--
The Secretary of Defense, in consultation with the Director of Central
Intelligence, shall take all necessary steps to ensure the full
availability and continued improvement of imagery intelligence support
for all-source analysis and production.
``Sec. 442. Missions
``(a) National Security Missions.--(1) The National Imagery and
Mapping Agency shall, in support of the national security objectives of
the United States, provide the following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
``(2) Imagery, intelligence, and information provided in carrying
out paragraph (1) shall be timely, relevant, and accurate.
``(b) Navigation Information.--The National Imagery and Mapping
Agency shall 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.
``(c) Maps, Charts, Etc.--The National Imagery and Mapping Agency
shall prepare and distribute maps, charts, books, and geodetic products
as authorized under subchapter II of this chapter.
``(d) National Missions.--The National Imagery and Mapping Agency
also has national missions as specified in section 120(a) of the
National Security Act of 1947.
``(e) Systems.--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) any other department or agency of the United States.
``Sec. 443. Imagery intelligence and geospatial information: support
for foreign countries
``(a) Use of 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) Use of Funds Other Than Appropriated Funds.--The Director may
use funds other than appropriated funds to provide foreign countries
with imagery intelligence and geospatial information support,
notwithstanding provisions of law relating to the expenditure of funds
of the United States, except that--
``(1) no such funds may 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.
``(2) 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; and
``(3) the authority provided by this subsection may not be used
to acquire items or services for the principal benefit 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 of the Agency 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 that is 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 personnel of the Central Intelligence Agency 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
that 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 calculatedto 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.
``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. Management rights.
``Sec. 461. 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 (title XI 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.
``467. Definitions.
``Sec. 467. 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) Such 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 Defense Mapping Agency Provisions.--(1) 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), inserted in that sequence in such subchapter
following the table of sections, and redesignated in accordance with
the following table:
Section
Section as
transferred
redesignated
2792.......................................................... 451
2793.......................................................... 452
2794.......................................................... 453
2795.......................................................... 454
2796.......................................................... 455
2798.......................................................... 456.
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and
(b)(1)(C)), and 456 of title 10, United States Code, as transferred and
redesignated by paragraph (1), are amended by striking out ``Defense
Mapping Agency'' each place it appears and inserting in lieu thereof
``National Imagery and Mapping Agency''.
(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) Consolidation and Standardization of Exemptions From Disclosure
of Organizational and Personnel Information.--Chapter 21 of title 10,
United States Code, is amended by striking out sections 424 and 425 and
inserting in lieu thereof the following:
``Sec. 424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency, National Reconnaissance
Office, and National Imagery and Mapping Agency
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (c), no provision of law shall
be construed to require the disclosure of--
``(1) the organization or any function of an organization of
the Department of Defense named in subsection (b); or
``(2) the number of persons employed by or assigned or detailed
to any such organization or the name, official title, occupational
series, grade, or salary of any such person.
``(b) Covered Organizations.--This section applies to the following
organizations of the Department of Defense:
``(1) The Defense Intelligence Agency.
``(2) The National Reconnaissance Office.
``(3) The National Imagery and Mapping Agency.
``(c) Provision of Information to Congress.--Subsection (a) does
not apply with respect to the provision of information to Congress.''.
(e) 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. 1113. TRANSFERS OF PERSONNEL AND ASSETS.
(a) Personnel and Assets.--Subject to subsections (b) and (c), 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 section
1111(b) or section 1111(c) are transferred to the National Imagery and
Mapping Agency. Transfers of appropriations from the Central
Intelligence Agency under this subsection shall be made in accordance
with section 1531 of title 31, United States Code.
(b) Determination of CIA Positions To Be Transferred.--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.
(c) Rule For CIA Imagery Activities Only Partially Transferred.--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--
(1) 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
(2) provide by written agreement for the transfer of such
items.
SEC. 1114. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL SECURITY ACT
OF 1947.
(a) Agency Functions.--Paragraph (2) of section 105(b) of the
National Security Act of 1947 (50 U.S.C. 403-5(b)) is amended to read
as follows:
``(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 to 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 new section:
``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 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 of Defense jointly determine necessary
to review and correct deficiencies identified in the capabilities of
the National Imagery and Mapping Agency to accomplish assigned national
missions, including support to the all-source analysis and production
process. 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 new section:
``collection tasking authority
``Sec. 121. Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except as
otherwise agreed by the Director and the Secretary of Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.''.
(d) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
109 the following new items:
``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.
SEC. 1115. 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 title, 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. 1116. 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 title 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 title and are to
become effective on or after the effective date of this title,
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 title and the amendments made
by this title 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
title takes effect, with respect to function of that element
transferred by section 1122, 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 title 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 title had not been enacted.
SEC. 1117. DEFINITIONS.
In this subtitle, the terms ``function'', ``imagery'', ``imagery
intelligence'', and ``geospatial information'' have the meanings given
those terms in section 467 of title 10, United States Code, as added by
section 1112.
SEC. 1118. 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.
Subtitle B--Conforming Amendments and Effective Dates
SEC. 1121. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States Code (as
redesignated by section 1112(a)(1)) is amended by redesignating the
sections in that chapter as sections 481 and 482, respectively.
(b) Repeal of Superseded Law.--Chapter 167 of such title, as
amended by section 1112(b), is repealed.
SEC. 1122. REFERENCE AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Central imagery office.--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) are amended by striking out ``Central
Imagery Office'' and inserting in lieu thereof ``National Imagery
and Mapping Agency''.
(2) Director, central imagery office.--Section 6339(a)(2)(E) is
amended 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) Other Laws.--The following provisions of law are amended by
striking out ``Central Imagery Office'' and inserting in lieu thereof
``National Imagery and Mapping Agency'':
(1) National security act of 1947.--Section 3(4)(E) of the
National Security Act of 1947 (50 U.S.C. 401a(4)(E)).
(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).
(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)).
(c) 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. 1123. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) The table of chapters at the beginning of subtitle A of
title 10, United States Code, is amended--
(A) 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'';
and
(B) by striking out the item relating to chapter 167.
(2) 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'';
(3) The table of chapters at the beginning of part IV of such
subtitle is amended by striking out the item relating to chapter
167.
(4) The items in the table of sections at the beginning of
chapter 23 of title 10, United States Code (as redesignated by
section 1112(a)(1)), are revised so as to reflect the
redesignations made by section 1121(a).
(b) Title 44, United States Code.--
(1) 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) The item relating to that 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. 1124. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on October 1, 1996, or the date of the enactment of this Act, whichever
is later.
TITLE XII--RESERVE FORCES REVITALIZATION
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer
authorizations.
Sec. 1214. Guard and Reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
Reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of
members of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated Reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from Reserve service during contingency
operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Reserve Forces Revitalization Act
of 1996''.
SEC. 1202. PURPOSE.
The purpose of this title is to revise the basic statutory
authorities governing the organization and administration of the
reserve components of the Armed Forces in order to recognize the
realities of reserve component partnership in the Total Force and to
better prepare the American citizen-soldier, sailor, airman, and Marine
in time of peace for duties in war.
Subtitle A--Reserve Component Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) Establishment.--(1) Part I of subtitle E of title 10, United
States Code, is amended by inserting after chapter 1005 the following
new chapter:
``CHAPTER 1006--RESERVE COMPONENT COMMANDS
``Sec.
``10171. United States Army Reserve Command.
``10172. Naval Reserve Force.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. 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.
``Sec. 10172. Naval Reserve Force
``(a) Establishment of Command.--The Secretary of the Navy, with
the advice and assistance of the Chief of Naval Operations, shall
establish a Naval Reserve Force. The Naval Reserve Force shall be
operated as a separate command of the Navy.
``(b) Commander.--The Chief of Naval Reserve shall be the commander
of the Naval Reserve Force. The commander of the Naval Reserve Force
reports directly to the Chief of Naval Operations.
``(c) Assignment of Forces.--The Secretary of the Navy--
``(1) shall assign to the Naval Reserve Force specified
portions of the Naval Reserve 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 Navy specified in section 5013 of this title,
shall assign to the combatant commands all such forces assigned to
the Naval Reserve Force under paragraph (1) in the manner specified
by the Secretary of Defense.
``Sec. 10173. Marine Forces Reserve
``(a) Establishment.--The Secretary of the Navy, with the advice
and assistance of the Commandant of the Marine Corps, shall establish
in the Marine Corps a command known as the Marine Forces Reserve.
``(b) Commander.--The Marine Forces Reserve is commanded by the
Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve,
reports directly to the Commandant of the Marine Corps.
``(c) Assignment of Forces.--The Commandant of the Marine Corps--
``(1) shall assign to the Marine Forces Reserve the forces of
the Marine Corps Reserve stationed 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 Navy specified in section 5013 of this title,
shall assign to the combatant commands (through the Marine Corps
component commander for each such command) all such forces assigned
to the Marine Forces Reserve under paragraph (1) in the manner
specified by the Secretary of Defense.
``Sec. 10174. Air Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air Force,
with the advice and assistance of the Chief of Staff of the Air Force,
shall establish an Air Force Reserve Command. The Air Force Reserve
Command shall be operated as a separate command of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the Commander
of the Air Force Reserve Command. The commander of the Air Force
Reserve Command reports directly to the Chief of Staff of the Air
Force.
``(c) Assignment of Forces.--The Secretary of the Air Force--
``(1) shall assign to the Air Force Reserve Command all forces
of the Air Force Reserve stationed 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 Air Force specified in section 8013 of this title,
shall assign to the combatant commands all such forces assigned to
the Air Force Reserve Command under paragraph (1) in the manner
specified by the Secretary of Defense.''.
(2) The tables of chapters at the beginning of part I of such
subtitle and at the beginning of such subtitle are each amended by
inserting after the item relating to chapter 1005 the following new
item:
``1006. Reserve Component Commands..............................10171''.
(b) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is
repealed.
(c) Implementation Schedule.--Implementation of chapter 1006 of
title 10, United States Code, as added by subsection (a), shall begin
not later than 90 days after the date of the enactment of this Act and
shall be completed not later than one year after such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) Chief of Army Reserve.--Section 3038 of title 10, United States
Code, is amended by adding at the end the following new subsections:
``(d) Budget.--The Chief of Army Reserve is the official within the
executive part of the Department of the Army who, subject to the
authority, direction, and control of the Secretary of the Army and the
Chief of Staff, is responsible for justification and execution of the
personnel, operation and maintenance, and construction budgets for the
Army Reserve. As such, the Chief of Army Reserve is the director and
functional manager of appropriations made for the Army Reserve in those
areas.
``(e) Full Time Support Program.--The Chief of Army Reserve
manages, with respect to the Army Reserve, the personnel program of the
Department of Defense known as the Full Time Support Program.
``(f) Annual Report.--(1) The Chief of Army Reserve shall submit to
the Secretary of Defense, through the Secretary of the Army, an annual
report on the state of the Army Reserve and the ability of the Army
Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Staff of the Army and may be submitted in
classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Army Reserve under paragraph (1) to Congress, together
with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each year
that the annual report of the Secretary under section 113 of this title
is submitted to Congress.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title is
amended by inserting after section 5142a the following new section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief
``(a) Establishment of Office: Chief of Naval Reserve.--There is in
the executive part of the Department of the Navy, on the staff of the
Chief of Naval Operations, an Office of the Naval Reserve, which is
headed by a Chief of Naval Reserve. The Chief of Naval Reserve--
``(1) is the principal adviser on Naval Reserve matters to the
Chief of Naval Operations; and
``(2) is the commander of the Naval Reserve Force.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Naval Reserve from
officers who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Grade.--(1) The Chief of Naval Reserve holds office for a
term determined by the Chief of Naval Operations, normally four years,
but may be removed for cause at any time. He is eligible to succeed
himself.
``(2) The Chief of Naval Reserve, while so serving, has a grade
above rear admiral (lower half), without vacating the officer's
permanent grade.
``(d) Budget.--The Chief of Naval Reserve is the official within
the executive part of the Department of the Navy who, subject to the
authority, direction, and control of the Secretary of the Navy and the
Chief of Naval Operations, is responsible for preparation,
justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Naval Reserve. As such,
the Chief of Naval Reserve is the director and functional manager of
appropriations made for the Naval Reserve in those areas.
``(e) Annual Report.--(1) The Chief of Naval Reserve shall submit
to the Secretary of Defense, through the Secretary of the Navy, an
annual report on the state of the Naval Reserve and the ability of the
Naval Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Naval Operations and may be submitted in
classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Naval Reserve under paragraph (1) to Congress, together
with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each year
that the annual report of the Secretary under section 113 of this title
is submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5142a the
following new item:
``5143. Office of Naval Reserve: appointment of Chief.''.
(c) Chief of Marine Forces Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5143 (as added by subsection (b))
the following new section:
``Sec. 5144. Office of Marine Forces Reserve: appointment of Commander
``(a) Establishment of Office; Commander, Marine Forces Reserve.--
There is in the executive part of the Department of the Navy an Office
of the Marine Forces Reserve, which is headed by the Commander, Marine
Forces Reserve. The Commander, Marine Forces Reserve, is the principal
adviser to the Commandant on Marine Forces Reserve matters.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Commander, Marine Forces
Reserve, from officers of the Marine Corps who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Term of Office; Grade.--(1) The Commander, Marine Forces
Reserve, holds office for a term determined by the Commandant of the
Marine Corps, normally four years, but may be removed for cause at any
time. He is eligible to succeed himself.
``(2) The Commander, Marine Forces Reserve, while so serving, has a
grade above brigadier general, without vacating the officer's permanent
grade.
``(d) Annual Report.--(1) The Commander, Marine Forces Reserve,
shall submit to the Secretary of Defense, through the Secretary of the
Navy, an annual report on the state of the Marine Corps Reserve and the
ability of the Marine Corps Reserve to meet its missions. The report
shall be prepared in conjunction with the Commandant of the Marine
Corps and may be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Commander, Marine Forces Reserve, under paragraph (1) to Congress,
together with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each year
that the annual report of the Secretary under section 113 of this title
is submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5143 (as added
by subsection (b)) the following new item:
``5144. Office of Marine Forces Reserve: appointment of Commander.''.
(d) Chief of Air Force Reserve.--Section 8038 of such title is
amended by adding at the end the following new subsections:
``(d) Budget.--The Chief of Air Force Reserve is the official
within the executive part of the Department of the Air Force who,
subject to the authority, direction, and control of the Secretary of
the Air Force and the Chief of Staff, is responsible for preparation,
justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Air Force Reserve. As
such, the Chief of Air Force Reserve is the director and functional
manager of appropriations made for the Air Force Reserve in those
areas.
``(e) Full Time Support Program.--(1) The Chief of Air Force
Reserve manages, with respect to the Air Force Reserve, the personnel
program of the Department of Defense known as the Full Time Support
Program.
``(f) Annual Report.--(1) The Chief of Air Force Reserve shall
submit to the Secretary of Defense, through the Secretary of the Air
Force, an annual report on the state of the Air Force Reserve and the
ability of the Air Force Reserve to meet its missions. The report shall
be prepared in conjunction with the Chief of Staff of the Air Force and
may be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Air Force Reserve under paragraph (1) to Congress,
together with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each year
that the annual report of the Secretary under section 113 of this title
is submitted to Congress.''.
(e) Conforming Amendment.--Section 641(1)(B) of such title is
amended by inserting ``5143, 5144,'' after ``3038,''.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG OFFICER
AUTHORIZATIONS.
(a) Report to Congress.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing any recommendations of the Secretary
(together with the rationale of the Secretary for the recommendations)
concerning the following:
(1) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(2) Statutory designation of the positions and grades of any
additional general and flag officers in the commands and offices
created by sections 1211 and 1212.
(b) Matters To Be Included.--The Secretary shall include in the
report under subsection (a) the Secretary's views on whether current
limitations referred to in subsection (a)--
(1) permit the Secretaries of the military departments, in view
of increased requirements for assignment of general and flag
officers in positions external to their organic services, to meet
adequately both internal and external requirements for general and
flag officers;
(2) adequately recognize the significantly increased role of
the reserve components in both service-specific and joint
operations; and
(3) permit the Secretaries of the military departments and the
reserve components to assign general and flag officers to active
and reserve component positions with grades commensurate with the
scope of duties and responsibilities of the position.
(c) Exemptions From Active-Duty Ceilings.--(1) The Secretary shall
include in the report under subsection (a) the Secretary's
recommendations regarding the merits of exempting from any active-duty
ceiling (established by law or administrative action) the following
officers:
(A) Reserve general and flag officers assigned to positions
specified in the organizations created by this title.
(B) Reserve general and flag officers serving on active duty,
but who are excluded from the active-duty list.
(2) If the Secretary determines under paragraph (1) that any
Reserve general or flag officers should be exempt from active duty
limits, the Secretary shall include in the report under subsection (a)
the Secretary's recommendations for--
(A) the effective management of those Reserve general and flag
officers; and
(B) revision of active duty ceilings so as to prevent an
increase in the numbers of active general and flag officers
authorizations due solely to the removal of Reserve general and
flag officers from under the active duty authorizations.
(3) If the Secretary determines under paragraph (1) that active and
reserve general officers on active duty should continue to be managed
under a common ceiling, the Secretary shall make recommendations for
the appropriate apportionment of numbers for general and flag officers
among active and reserve officers.
(d) Reserve Forces Policy Board Participation.--The Secretary of
Defense shall ensure that the Reserve Forces Policy Board participates
in the internal Department of Defense process for development of the
recommendations of the Secretary contained in the report under
subsection (a). If the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary shall
transmit them to Congress, with the report, in the same form as that in
which they were submitted to the Secretary.
(e) GAO Review.--The Comptroller General of the United States shall
assess the criteria used by the Secretary of Defense to develop
recommendations for purposes of the report under this section and shall
submit to Congress, not later than 30 days after the date on which the
report of the Secretary under this section is submitted, a report
setting forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the Secretary
in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
Section 10216 of title 10, United States Code, as amended by
section 413, is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting after the section heading the following new
subsection (a):
``(a) In General.--Military technicians are Federal civilian
employees hired under title 5 and title 32 who are required to maintain
dual-status as drilling reserve component members as a condition of
their Federal civilian employment. Such employees shall be authorized
and accounted for as a separate category of dual-status civilian
employees, exempt as specified in subsection (b)(3) from any general or
regulatory requirement for adjustments in Department of Defense
civilian personnel.''; and
(3) in paragraph (3) of subsection (b), as redesignated by
paragraph (1), by striking out ``in high-priority units and
organizations specified in paragraph (1)''.
Subtitle B--Reserve Component Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IMPROVE NATIONAL GUARD AND
RESERVE ABILITY TO RESPOND TO EMERGENCIES.
(a) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report regarding reserve component responsiveness to both
domestic emergencies and national contingency operations. The report
shall set forth the measures taken, underway, and projected to be taken
to improve the timeliness, adequacy, and effectiveness of reserve
component responses to such emergencies and operations.
(b) Matters Related to Responsiveness to Domestic Emergencies.--The
report shall address the following:
(1) The need to expand the time period set by section 12301(b)
of title 10, United States Code, which permits the involuntary
recall at any time to active duty of units and individuals for up
to 15 days per year.
(2) The recommendations of the 1995 report of the RAND
Corporation entitled ``Assessing the State and Federal Missions of
the National Guard'', as follows:
(A) That Federal law be clarified and amended to authorize
Presidential use of the Federal reserves of all military
services for domestic emergencies and disasters without any
time constraint.
(B) That the Secretary of Defense develop and support
establishment of an appropriate national level compact for
interstate sharing of resources, including the domestic
capabilities of the national guards of the States, during
emergencies and disasters.
(C) That Federal level contingency stocks be created to
support the National Guard in domestic disasters.
(D) That Federal funding and regulatory support be provided
for Federal-State disaster emergency response planning
exercises.
(c) Matters Related to Presidential Reserve Call-Up Authority.--The
report under this section shall specifically address matters related to
the authority of the President to activate for service on active duty
units and members of reserve components under sections 12301, 12302,
and 12304 of title 10, United States Code, including--
(1) whether such authority is adequate to meet the full range
of reserve component missions for the 21st century, particularly
with regard to the time periods for which such units and members
may be on active duty under those authorities and the ability to
activate both units and individual members; and
(2) whether the three-tiered set of statutory authorities
(under such sections 12301, 12302, and 12304) should be
consolidated, modified, or in part eliminated in order to
facilitate current and future use of Reserve units and individual
reserve component members for a broader range of missions, and, if
so, in what manner.
(d) Matters Related to Release From Active Duty.--The report under
this section shall include findings and recommendations (based upon a
review of current policies and procedures) concerning procedures for
release from active duty of units and members of reserve components who
have been involuntarily called or ordered to active duty under section
12301, 12302, or 12304 of title 10, United States Code, with specific
recommendations concerning the desirability of statutory provisions
to--
(1) establish specific guidelines for when it is appropriate
(or inappropriate) to retain on active duty such reserve component
units when active component units are available to perform the
mission being performed by the reserve component unit;
(2) minimize the effects of frequent mobilization of the
civilian employers, as well as the effects of frequent mobilization
on recruiting and retention in the reserve components; and
(3) address other matters relating to the needs of such members
of reserve components, their employers, and (in the case of such
members who own businesses) their employees, while such members are
on active duty.
(e) Reserve Forces Policy Board Participation.--The Secretary of
Defense shall ensure that the Reserve Forces Policy Board participates
in the internal Department of Defense process for development of the
recommendations of the Secretary contained in the report under
subsection (a). If the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary shall
transmit them to Congress, with the report, in the same form as that in
which they were submitted to the Secretary.
(f) GAO Review.--The Comptroller General of the United States shall
assess the criteria used by the Secretary of Defense to develop
recommendations for purposes of the report under this section and shall
submit to Congress, not later than 30 days after the date on which the
report of the Secretary under this section is submitted, a report
setting forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the Secretary
in the report.
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR EMPLOYERS
OF MEMBERS OF RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to provide tax incentives to employers of
members of reserve components in order to compensate employers for
absences of those employees due to required training and for absences
due to performance of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME INSURANCE PROGRAM FOR
ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth legislative recommendations for changes to chapter 1214 of title
10, United States Code. Such recommendations shall in particular
provide, in the case of a mobilized member who owns a business, income
replacement for that business and for employees of that member or
business who have a loss of income during the period of such activation
attributable to the activation of the member.
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL BUSINESS LOANS FOR
MEMBERS RELEASED FROM RESERVE SERVICE DURING CONTINGENCY OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to establish a small business loan program
to provide members of reserve components who are ordered to active duty
or active Federal service (other than for training) during a
contingency operation (as defined in section 101 of title 10, United
States Code) low-cost loans to assist those members in retaining or
rebuilding businesses that were affected by their service on active
duty or in active Federal service.
Subtitle C--Reserve Forces Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF NONREIMBURSABLE
EXPENSES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to restore the tax deductibility of
nonreimbursable expenses incurred by members of reserve components in
connection with military service.
SEC. 1252. AUTHORITY TO PAY TRANSIENT HOUSING CHARGES FOR MEMBERS
PERFORMING ACTIVE DUTY FOR TRAINING.
Section 404(j)(1) of title 37, United States Code, is amended by
striking out ``annual training duty'' and inserting in lieu thereof
``active duty for training''.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS ALLOWANCE DURING
SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should continue
to pay members of reserve components appropriate quarters allowances
during periods of service on active duty for training.
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY LEAVE POLICY.
It is the sense of Congress that military leave policies in effect
as of the date of the enactment of this Act with respect to members of
the reserve components should not be changed.
SEC. 1255. RESERVE FORCES POLICY BOARD.
(a) Commendation.--The Congress commends the Reserve Forces Policy
Board, created by the Armed Forces Reserve Act of 1952 (Public Law 82-
476), for its fine work in the past as an independent source of advice
to the Secretary of Defense on all matters pertaining to the reserve
components.
(b) Sense of Congress.--It is the sense of Congress that the
Reserve Forces Policy Board and the reserve forces policy committees
for the individual branches of the ArmedForces should continue to
perform the vital role of providing the civilian leadership of the
Department of Defense with independent advice on matters pertaining to
the reserve components.
(c) 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. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE DUTY SERVICE AND
RESERVE SERVICE.
No later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
providing recommendations for changes in law that the Secretary
considers necessary, feasible, and affordable to reduce the disparities
in pay and benefits that occur between active component members of the
Armed Forces and reserve component members as a result of eligibility
based on length of time on active duty.
SEC. 1257. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND RESERVE
COMPONENTS IN FUTURE-YEARS DEFENSE PROGRAMS.
(a) In General.--(1) Chapter 1013 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10543. National Guard and reserve component equipment
procurement and military construction funding: inclusion in
future-years defense program
``The Secretary of Defense shall specify in each future-years
defense program submitted to Congress under section 221 of this title
the estimated expenditures and the proposed appropriations, for each
fiscal year of the period covered by that program, for the procurement
of equipment and for military construction for each of the reserve
components of the armed forces.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10543. National Guard and reserve component equipment procurement and
military construction funding: inclusion in future-years
defense program.''.
(b) Effective Date.--Section 10543 of title 10, United States Code,
as added by subsection (a), shall apply with respect to each future-
years defense program submitted to Congress after the date of the
enactment of this Act.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterpro- liferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
Subtitle A--Arms Control, Counter- proliferation Activities, and
Related Matters
SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Authority.--Section 1505 of the Weapons
of Mass Destruction Control Act of 1992 (title XV of Public Law 102-
484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or'' after ``fiscal
year 1995,'' and by inserting ``, or $15,000,000 for fiscal year
1997'' before the period at the end; and
(2) in subsection (f), by striking out ``1996'' and inserting
in lieu thereof ``1997''.
(b) Funding Flexibility.--Subsection (d) of such section is further
amended by adding at the end the following new paragraph:
``(4)(A) In the event of a significant unforeseen development
related to the activities of the United Nations Special Commission on
Iraq for which the Secretary of Defense determines that financial
assistance under this section is required at a level which would result
in the total amount of assistance provided under this section during
the then-current fiscal year exceeding the amount specified with
respect to that year under paragraph (3), the Secretary of Defense may
provide such assistance notwithstanding the limitation with respect to
that fiscal year under paragraph (3). Funds for such purpose may be
derived from any funds available to the Department of Defense for that
fiscal year.
``(B) Financial assistance may be provided under subparagraph (A)
only after the Secretary of Defense provides notice in writing to the
committees of Congress named in subsection (e)(2) of the significant
unforeseen development and of the Secretary's intent to provide
assistance in excess of the limitation for that fiscal year under
paragraph (3). However, if the Secretary determines in any case that
under the specific circumstances of that case advance notice is not
possible, such notice shall be provided as soon as possible and not
later than 15 days after the date on which the assistance is provided.
Any notice under this subparagraph shall include a description of the
development, the amount of assistance provided or to be provided, and
the source of the funds for that assistance.''.
SEC. 1302. 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 1996 or 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) Funding Limitation on Early Deactivation.--(1) If the
limitation under paragraphs (2), (3), and (4) of subsection (a) ceases
to apply by reason of a waiver under subsection (b), funds available to
the Department of Defense may nevertheless not be obligated or expended
during fiscal year 1997 to implement any agreement or understanding to
undertake substantial early deactivation of a strategic nuclear
delivery system specified in subsection (b) until 30 days after the
date on which the President submits to Congress a report concerning
such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1997 to deactivate a
substantial number of strategic nuclear delivery systems specified in
subsection (b) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat
status.
(3) A report under this subsection shall include the following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning substantial
early deactivation of strategic nuclear delivery systems under the
START II Treaty.
(B) The plan of the Department of Defense for implementing the
agreement.
(C) An assessment of the Secretary of Defense of the adequacy
of the provisions contained in the agreement for monitoring and
verifying compliance of Russia with the terms of the agreement.
(D) A determination by the President as to whether the
deactivations to occur under the agreement will be carried out in a
symmetrical, reciprocal, or equivalent manner.
(E) An assessment by the President of the effect of the
proposed early deactivation on the stability of the strategic
balance and relative strategic nuclear capabilities of the United
States and the Russian Federation at various stages during
deactivation and upon completion.
(d) START II Treaty Defined.--For purposes of 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'').
(e) 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 six-year period beginning on October 1, 1996.
SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) Sanctions.--Section 2(b)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(4)) is amended to read as follows:
``(4)(A) If the Secretary of State determines that--
``(i) any country that has agreed to International Atomic
Energy Agency nuclear safeguards materially violates,
abrogates, or terminates, after October 26, 1977, such
safeguards;
``(ii) any country that has entered into an agreement for
cooperation concerning the civil use of nuclear energy with the
United States materially violates, abrogates, or terminates,
after October 26, 1977, any guarantee or other undertaking to
the United States made in such agreement;
``(iii) any country that is not a nuclear-weapon state
detonates, after October 26, 1977, a nuclear explosive device;
``(iv) any country willfully aids or abets, after June 29,
1994, any non-nuclear-weapon state to acquire any such nuclear
explosive device or to acquire unsafeguarded special nuclear
material; or
``(v) any person knowingly aids or abets, after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 1997, any non-nuclear-weapon state to acquire any such
nuclear explosive device or to acquire unsafeguarded special
nuclear material,
then the Secretary of State shall submit a report to the
appropriate committees of the Congress and to the Board of
Directors of the Bank stating such determination and identifying
each country or person the Secretary determines has so acted.
``(B)(i) If the Secretary of State makes a determination under
subparagraph (A)(v) with respect to a foreign person, the Congress
urges the Secretary to initiate consultations immediately with the
government with primary jurisdiction over that person with respect
to the imposition of the prohibition contained in subparagraph (C).
``(ii) In order that consultations with that government may be
pursued, the Board of Directors of the Bank shall delay imposition
of the prohibition contained in subparagraph (C) for up to 90 days
if the Secretary of State requests the Board to make such delay.
Following these consultations, the prohibition contained in
subparagraph (C) shall apply immediately unless the Secretary
determines and certifies to the Congress that that government has
taken specific and effective actions, including appropriate
penalties, to terminate the involvement of the foreign person in
the activities described in subparagraph (A)(v). The Board of
Directors of the Bank shall delay the imposition of the prohibition
contained in subparagraph (C) for up to an additional 90 days if
the Secretary requests the Board to make such additional delay and
if the Secretary determines and certifies to the Congress that that
government is in the process of taking the actions described in the
preceding sentence.
``(iii) Not later than 90 days after making a determination
under subparagraph (A)(v), the Secretary of State shall submit to
the appropriate committees of the Congress a report on the status
of consultations with the appropriate government under this
subparagraph, and thebasis for any determination under clause (ii)
that such government has taken specific corrective actions.
``(C) The Board of Directors of the Bank shall not give
approval to guarantee, insure, or extend credit, or participate in
the extension of credit in support of United States exports to any
country, or to or by any person, identified in the report described
in subparagraph (A).
``(D) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or participate in
the extension of credit in support of United States exports to a
country with respect to which a determination is made under clause
(i), (ii), (iii), or (iv) of subparagraph (A) regarding any
specific event described in such clause if the President determines
and certifies in writing to the Congress not less than 45 days
prior to the date of the first approval following the determination
that it is in the national interest for the Bank to give such
approvals.
``(E) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or participate in
the extension of credit in support of United States exports to or
by a person with respect to whom a determination is made under
clause (v) of subparagraph (A) regarding any specific event
described in such clause if--
``(i) the Secretary of State determines and certifies to
the Congress that the appropriate government has taken the
corrective actions described in subparagraph (B)(ii); or
``(ii) the President determines and certifies in writing to
the Congress not less than 45 days prior to the date of the
first approval following the determination that--
``(I) reliable information indicates that--
``(aa) such person 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
``(bb) steps have been taken to ensure that the
activities described in item (aa) will not resume; or
``(II) the prohibition would have a serious adverse
effect on vital United States interests.
``(F) For purposes of this paragraph:
``(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(h)(3) of the Foreign Corrupt
Practices Act (15 U.S.C. 78dd-2(h)(3)).
``(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.
``(iv) The term `nuclear-weapon state' has the meaning
given the term in Article IX(3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington, London,
and Moscow on July 1, 1968.
``(v) The term `non-nuclear-weapon state' has the meaning
given the term in section 830(5) of the Nuclear Proliferation
Prevention Act of 1994 (Public Law 103-236; 108 Stat. 521).
``(vi) The term `nuclear explosive device' has the meaning
given the term in section 830(4) of the Nuclear Proliferation
Prevention Act of 1994 (Public Law 103-236; 108 Stat. 521).
``(vii) The term `unsafeguarded special nuclear material'
has the meaning given the term in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994.''.
(b) Recommendations To Make Nonproliferation Laws More Effective.--
Not later than 180 days after the date of the enactment of this Act,
the President shall submit to the Congress his recommendations on ways
to make the laws of the United States more effective in controlling and
preventing the proliferation of weapons of mass destruction and
missiles. The report shall identify all sources of Government funds
used for such nonproliferation activities.
SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN
AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.
(a) Authority To Pay Expenses.--Section 401(c) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Expenses covered by paragraph (1) include the following
expenses incurred in providing assistance described in subsection
(e)(5):
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
``(B) The cost of any equipment, services, or supplies acquired
for the purpose of carrying out or supporting the activities
described in subsection (e)(5), including any nonlethal,
individual, or small-team landmine clearing 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.
``(3) The cost of equipment, services, and supplies provided in any
fiscal year under paragraph (2)(B) may not exceed $5,000,000.''.
(b) Coordination With Other Laws.--Section 401(b) of such title is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Any authority provided under any other provision of law to
provide assistance that is described in subsection (e)(5) to a foreign
country shall be carried out in accordance with, and subject to, the
limitations prescribed in this section. Any such provision may be
construed as superseding a provision of this section only if, and to
the extent that, such provision specifically refers to this section and
specifically identifies the provision of this section that is to be
considered superseded or otherwise inapplicable under such
provision.''.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S REPUBLIC OF
CHINA.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the future pattern of
military modernization of the People's Republic of China. The report
shall address both the probable course of military-technological
development in the People's Liberation Army and the development of
Chinese military strategy and operational concepts.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) Trends that would lead the People's Republic of China
toward advanced intelligence, surveillance, and reconnaissance
capabilities, either through a development program or by gaining
access to commercial or third-party systems with militarily
significant capabilities.
(2) Efforts by the People's Republic of China to develop highly
accurate and low-observable ballistic and cruise missiles, and the
investments in infrastructure that would allow for production of
such weapons in militarily significant quantities, particularly in
numbers sufficient to conduct attacks capable of overwhelming
projected defense capabilities in the region.
(3) Development by the People's Republic of China of enhanced
command and control networks, particularly those capable of battle
management that would include long-range precision strikes.
(4) Programs of the People's Republic of China involving
unmanned aerial vehicles, particularly those with extended ranges
or loitering times.
(5) Exploitation by the People's Republic of China of the
Global Positioning System or other similar systems, including
commercial land surveillance satellites, for significant military
purposes, including particularly for increasing the accuracy of
weapons or the situational awareness of operating forces.
(6) Development by the People's Republic of China of
capabilities for denial of sea control, such as advanced sea mines
or improved submarine capabilities.
(7) Continued development by the People's Republic of China of
follow-on forces, particularly those capable of rapid air or
amphibious assault.
(c) Submission of Report.--The report shall be submitted to
Congress not later than February 1, 1997.
SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND
POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) the People's Republic of China acceded to the Treaty on the
Non-Proliferation of Nuclear Weapons (hereafter in this section
referred to as the ``NPT'') on March 9, 1992;
(2) the People's Republic of China is not a member of the
Nuclear Suppliers Group and remains the only major nuclear supplier
that continues to transfer nuclear technology, equipment, and
materials to countries that have not agreed to the application of
safeguards of the International Atomic Energy Agency (hereafter in
this section referred to as the ``IAEA'') over all of their nuclear
materials;
(3) on June 30, 1995, the United States and 29 other members of
the Nuclear Suppliers Group notified the Director General of the
IAEA that the Government of each respective country has decided
that the controls of thatGroup should not be defeated by the
transfer of component parts;
(4) a state-owned entity in the People's Republic of China, the
China Nuclear Energy Industry Corporation, has knowingly
transferred specially designed ring magnets to an unsafeguarded
uranium enrichment facility in the Islamic Republic of Pakistan;
(5) ring magnets are identified on the Trigger List of the
Nuclear Suppliers Group as a component of magnetic suspension
bearings which are to be exported only to countries that have
safeguards of the IAEA over all of their nuclear materials;
(6) these ring magnets could contribute significantly to the
ability of the Islamic Republic of Pakistan to produce additional
unsafeguarded enriched uranium, a nuclear explosive material;
(7) the Government of the People's Republic of China has
transferred nuclear equipment and technology to the Islamic
Republic of Iran, despite repeated claims by the Government of the
United States that the Islamic Republic of Iran is engaged in
clandestine efforts to acquire a nuclear explosive device;
(8) representatives of the Government of the People's Republic
of China have repeatedly assured the Government of the United
States that the People's Republic of China would abide by the
guidelines of the Missile Technology Control Regime (hereafter in
this section referred to as the ``MTCR'');
(9) the Government of China has transferred M-11 missiles to
the Islamic Republic of Pakistan; and
(10) the M-11 missile conforms to the definition of a nuclear-
capable missile under the MTCR.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the assistance that the People's Republic of China has
provided to the Islamic Republic of Iran and to the Islamic
Republic of Pakistan could contribute to the ability of such
countries to manufacture nuclear weapons;
(2) the recent transfer by the People's Republic of China of
ring magnets to an unsafeguarded uranium enrichment facility in the
Islamic Republic of Pakistan conflicts with China's obligations
under Articles I and III of the NPT, as well as the official
nonproliferation policies and assurances by the People's Republic
of China and the Islamic Republic of Pakistan with respect to the
nonproliferation of nuclear weapons and nuclear-capable missiles;
(3) the transfer of M-11 missiles from the People's Republic of
China to the Islamic Republic of Pakistan is inconsistent with
longstanding United States Government interpretations of assurances
from the Government of the People's Republic of China with respect
to that country's intent to abide by the guidelines of the MTCR;
(4) violations by the People's Republic of China of the
standards and objectives of the MTCR and global nuclear
nonproliferation regimes have jeopardized the credibility of the
MTCR and such regimes;
(5) the MTCR and global nuclear nonproliferation regimes
require collective international action to impose costs against and
to withhold benefits from any country, including the People's
Republic of China, that engages in activities that are contrary to
the objectives of those regimes;
(6) the President should explore with the governments of other
countries new opportunities for collective action in response to
activities of any country, including the People's Republic of
China, that aid or abet the global proliferation of weapons of mass
destruction or their means of delivery; and
(7) the President should communicate to the Government of the
People's Republic of China the sense of the Congress that the
stability and growth of future relations between the people, the
economies, and the Governments of the United States and the
People's Republic of China willsignificantly depend upon
substantive evidence of cooperation by the Government of the People's
Republic of China in efforts to halt the global proliferation of
weapons of mass destruction and their means of delivery.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to the Congress a report, in
both classified and unclassified form, concerning the transfer from the
People's Republic of China to the Islamic Republic of Pakistan of
technology, equipment, or materials important to the production of
nuclear weapons and their means of delivery. The President shall
include in the report the following:
(1) The specific justification of the Secretary of State for
determining that there was not a sufficient basis for imposing
sanctions under section 2(b)(4) of the Export-Import Bank Act of
1945, as amended by section 825 of the Nuclear Proliferation
Prevention Act of 1994, by reason of the transfer of ring magnets
and other technology, equipment, or materials from the People's
Republic of China to the Islamic Republic of Pakistan.
(2) What commitment the United States Government is seeking
from the People's Republic of China to ensure that the People's
Republic of China establishes a fully effective export control
system that will prevent transfers (such as the Pakistan sale) from
taking place in the future.
(3) A description of the pledges, assurances, and other
commitments made by representatives of the Governments of the
People's Republic of China and the Islamic Republic of Pakistan to
the Government of the United States since January 1, 1991, with
respect to the nonproliferation of nuclear weapons or nuclear-
capable missiles, and an assessment of the record of compliance
with such undertakings.
(4) Whether, in light of the recent assurances provided by the
People's Republic of China, the President intends to make the
certification and submit the report required by section
902(a)(6)(B) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 2151 note), and make the
certification and submit the report required by Public Law 99-183,
relating to the approval and implementation of the agreement for
nuclear cooperation between the United States and the People's
Republic of China, and, if not, why not.
(5) Whether the Secretary of State considers the recent
assurances and clarifications provided by the People's Republic of
China to have provided sufficient information to allow the United
States to determine that the People's Republic of China is not in
violation of paragraph (2) of section 129 of the Atomic Energy Act
of 1954, as required by Public Law 99-183.
(6) If the President is unable or unwilling to make the
certifications and reports referred to in paragraph (4), a
description of what the President considers to be the significance
of the clarifications and assurances provided by the People's
Republic of China in the course of the recent discussions regarding
the transfer by the People's Republic of China of nuclear-weapon-
related equipment to the Islamic Republic of Pakistan.
(7) A description of the laws, regulations, and procedures
currently used by the People's Republic of China to regulate
exports of nuclear technology, equipment, or materials, including
dual-use goods, and an assessment of the effectiveness of such
arrangements.
(8) A description of the current policies and practices of
other countries in response to the transfer of nuclear and missile
technology by the People's Republic of China to the Islamic
Republic of Pakistan and the Islamic Republic of Iran.
SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for the
Department of Defense for fiscal year 1997 or any prior fiscal year may
be obligated or expended for any activity associated with the United
States-People's Republic of China JointDefense Conversion Commission
until 15 days after the date on which the first semiannual report
required by section 1343 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 487) is received by
Congress.
SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.
(a) Findings.--The Congress makes the following findings:
(1) Export controls are a part of a comprehensive response to
national security threats. The export of a United States commodity
or technology should be restricted in cases in which the export of
the commodity or technology would increase the threat to the
national security of the United States or would be contrary to the
nonproliferation goals or 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 countries or by enhancing the capability of countries
to design, develop, test, produce, stockpile, or use weapons of
mass destruction and 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 and 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 8, 1995, the President continued the national
emergency declared in Executive Order No. 12938 of November 14,
1994, ``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 Committee for
Multilateral Export 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 Congress.--It is the sense of the Congress that--
(1) establishing an international export control regime,
empowered to control exports of dual-use technology, is critically
important and should be a top priority for the United States; and
(2) the United States should strongly encourage its allies and
other friendly countries to--
(A) adopt export controls that are the same or similar to
the export controls imposed by the United States on items on
the Commerce Control List;
(B) strengthen enforcement of their export controls; and
(C) explore the use of unilateral export controls where the
possibility exists that an export could contribute to the
enhancement of military capabilities orproliferation described
in paragraphs (3) and (5) of subsection (a).
SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Composition of the Committee.--Subsection (a) of section 1605
of the National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 2751 note) is amended by adding at the end the following new
paragraph:
``(5) The Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs shall serve as executive
secretary to the committee.''.
(b) Additional Purpose of the Committee.--Subsection (b)(1)(A) of
such section is amended by inserting ``and efforts, including efforts
to stem the proliferation of weapons of mass destruction and to negate
paramilitary and terrorist threats involving weapons of mass
destruction'' after ``counterproliferation policy''.
(c) Four-Year Extension of the Committee.--Subsection (f) of such
section is amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 2000''.
(d) Reports on Counterproliferation Activities and Programs.--
Section 1503 of the National Defense Authorization Act for Fiscal Year
1995 (22 U.S.C. 2751 note) is amended--
(1) in subsection (a)--
(A) by striking out ``Report Required.--(1) Not later than
May 1, 1995 and May 1, 1996, the Secretary'' and inserting in
lieu thereof ``Annual Report Required.--Not later than May 1 of
each year, the Secretary''; and
(B) by striking out paragraph (2); and
(2) by adding at the end the following new subsections:
``(d) Review Committee Charter Defined.--For purposes of this
section, the term `Review Committee charter' means section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note).
``(e) Termination of Requirement.--The final report required under
subsection (a) is the report for the year following the year in which
the Counterproliferation Program Review Committee established under the
Review Committee Charter ceases to exist.''.
SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO
IMPROVE SECURITY OF FISSILE MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced with the
need to manage the dismantling of vast numbers of nuclear weapons
and the disposition of the fissile materials that they contain.
(2) If recently agreed reductions in nuclear weapons are fully
implemented, tens of thousands of nuclear weapons, containing a
hundred tons or more of plutonium and many hundreds of tons of
highly enriched uranium, will no longer be needed for military
purposes.
(3) Plutonium and highly enriched uranium are the essential
ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly enriched uranium
are the primary technical barrier to acquiring nuclear weapons
capability in the world today.
(5) Several kilograms of plutonium, or several times that
amount of highly enriched uranium, are sufficient to make a nuclear
weapon.
(6) Plutonium and highly enriched uranium will continue to pose
a potential threat for as long as they exist.
(7) Action is required to secure and account for plutonium and
highly enriched uranium.
(8) It is in the national interest of the United States to--
(A) minimize the risk that fissile materials could be
obtained by unauthorized parties;
(B) minimize the risk that fissile materials could be
reintroduced into the arsenals from which they came, halting or
reversing the arms reduction process; and
(C) strengthen the national and international control
mechanisms and incentives designed to ensure continued arms
reductions and prevent the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained in
subsection (a), it is the sense of Congress that the United States has
a national security interest in assisting other countries to improve
the security of their stocks of fissile material.
SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL
INTELLIGENCE ESTIMATE 95-19.
(a) Review.--The Director of Central Intelligence shall conduct a
review of the underlying assumptions and conclusions of the National
Intelligence Estimate designated as NIE 95-19 and entitled ``Emerging
Missile Threats to North America During the Next 15 Years'', released
by the Director in November 1995.
(b) Methodology for Review.--The Director shall carry out the
review under subsection (a) through a panel of independent,
nongovernmental individuals with appropriate expertise and experience.
Such a panel shall be convened by the Director not later than 45 days
after the date of the enactment of this Act.
(c) Report.--The Director shall submit the findings resulting from
the review under subsection (a), together with any comments of the
Director on the review and the findings, to Congress not later than
three months after the appointment of the Commission under section
1321.
Subtitle B--Commission To Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission To Assess the Ballistic Missile Threat to the
United States'' (hereafter in this subtitle referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of nine members
appointed by the Director of Central Intelligence. In selecting
individuals for appointment to the Commission, the Director should
consult with--
(1) the Speaker of the House of Representatives concerning the
appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives and the
minority leader of the Senate concerning the appointment of three
of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in the political and military aspects of proliferation of ballistic
missiles and the ballistic missile threat to the United States.
(d) Chairman.--The Speaker of the House of Representatives, after
consultation with the majority leader of the Senate and the minority
leaders of the House of Representatives and the Senate, shall designate
one of the members of the Commission to serve as chairman of the
Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--(1) All appointments to the
Commission shall be made not later than 45 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than
30 days after the date as of which all members of the Commission have
been appointed, but not earlier than October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission shall
assess the nature and magnitude of the existing and emerging ballistic
missile threat to the United States.
(b) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation
of the Secretary of Defense, the Director of Central Intelligence, and
any other United States Government official responsible for providing
the Commission with analyses, briefings, and other information
necessary for the fulfillment of its respon- sibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the date of
its first meeting, submit to the Congress a report on its findings and
conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the Central Intelligence Agency, and any other
Federal department or agency information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--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.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director and
such additional personnel as may be necessary to enable the Commission
to perform its duties. The appointment of a staff director shall be
subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel 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 fixed under this paragraph for the
staff director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for grade
GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman
of the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission 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.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the Commission, on a
reimbursable basis, any administrative and support services requested
by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation and
maintenance for Defense-wide activities for fiscal year 1997. Upon
receipt of a written certification from the Chairman of the Commission
specifying the funds required for the activities of the Commission, the
Secretary of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1323.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of
nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of Mass
Destruction Act of 1996''.
SEC. 1402. 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 at 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 seriously.
(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.
(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 other than
long-range ballistic missiles.
(16) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons include cargo ships,
passenger aircraft, commercial and private vehicles and vessels,
and commercial cargo shipments routed through multiple
destinations.
(17) 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.
(18) 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.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear, radiological,
biological, and chemical terrorism.
(20) 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.
(21) State and local emergency response personnel are not
adequately prepared or trained for incidents involving nuclear,
radiological, biological, or chemical materials.
(22) 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.
(23) 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.
(24) 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.
(25) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided assistance
to Federal, State, and local officials in neutralizing, dis-
mantling, 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.
(26) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons of mass
destruction.
SEC. 1403. 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 that 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. 1411. RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION.
(a) Enhanced Response Capability.--In light of the potential for
terrorist use of weapons of mass destruction against the United States,
the President shall take immediate action--
(1) to enhance the capability of the Federal Government to
prevent and respond to terrorist incidents involving weapons of
mass destruction; and
(2) to provide enhanced support to improve the capabilities of
State and local emergency response agencies to prevent and respond
to such incidents at both the national and the local level.
(b) Report Required.--Not later than January 31, 1997, the
President shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the Federal Government
to prevent and respond to terrorist incidents involving weapons of
mass destruction and to support State and local prevention and
response efforts;
(2) requirements for improvements in those cap- abilities; and
(3) the measures that should be taken to achieve such
improvements, including additional resources and legislative
authorities that would be required.
SEC. 1412. 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) 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.
(3) If the lead official is not the Secretary of Defense, and
requests assistance from the Department of Defense that, in the
judgment of the Secretary of Defense would affect military readiness or
adversely affect national security, the Secretary of Defense may appeal
the request for Department of Defense assistance by the lead official
to the President.
(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 Secretary of Health and Human Services 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. 1413. 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, chemical, and biological 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.--Of the total amount authorized to be appropriated
under section 301, $15,000,000 is available for providing assistance
described in subsection (a).
SEC. 1414. CHEMICAL-BIOLOGICAL EMERGENCY RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The Secretary of
Defense shall develop and maintain at least one domestic terrorism
rapid response team composed of members of the Armed Forces and
employees of the Department of Defense who are capable of aiding
Federal, State, and local officials in the detection, neutralization,
containment, dismantlement, and disposal of weapons of mass destruction
containing chemical, biological, or related materials.
(b) Addition to Federal Response Plan.--Not later than December 31,
1997, the Director of the Federal Emergency Management Agency shall
develop and incorporate into existing Federal emergency response plans
and programs prepared under section 611(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(b))
guidance on the use and deployment of the rapid response teams
established under this section to respond to emergencies involving
weapons of mass destruction. The Director shall carry out this
subsection in consultation with the Secretary of Defense and the heads
of other Federal agencies involved with the emergency response plans.
SEC. 1415. 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.--Of the total amount authorized to be appropriated
under section 301, $15,000,000 is available for thedevelopment and
execution of the programs required by this section, including the
participation of State and local agencies in exercises carried out
under the programs.
SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN
EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) Chapter 18 of title 10, United
States Code, is amended by adding at the end the following new section:
``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.--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 prescribe 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 new item:
``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 new sentence: ``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 new section:
``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 new item:
``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 new section:
``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 new item:
``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. 1417. RAPID RESPONSE INFORMATION SYSTEM.
(a) Inventory of Rapid Response Assets.--(1) The head of each
Federal Response Plan agency shall develop and maintain an inventory of
physical equipment and assets under the jurisdiction of that agency
that could be made available to aid State and local officials in search
and rescue and other disaster management and mitigation efforts
associated with an emergency involving weapons of mass destruction. The
agency head shall submit a copy of the inventory, and any updates of
the inventory, to the Director of the Federal Emergency Management
Agency for inclusion in the master inventory required under subsection
(b).
(2) Each inventory shall include a separate listing of any
equipment that is excess to the needs of that agency and could be
considered for disposal as excess or surplus property for use for
response and training with regard to emergencies involving weapons of
mass destruction.
(b) Master Inventory.--The Director of the Federal Emergency
Management Agency shall compile and maintain a comprehensive listing of
all inventories prepared under subsection (a). The first such master
list shall be completed not later than December 31, 1997, and shall be
updated annually thereafter.
(c) Addition to Federal Response Plan.--Not later than December 31,
1997, the Director of the Federal Emergency Management Agency shall
develop and incorporate into existing Federal emergency response plans
and programs prepared under section 611(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(b))
guidance on accessing and using the physical equipment and assets
included in the master list developed under subsection to respond to
emergencies involving weapons of mass destruction.
(d) Database on Chemical and Biological Materials.--The Director of
the Federal Emergency Management Agency, in consultation with the
Secretary of Defense, shall prepare a database on chemical and
biological agents and munitions characteristics and safety precautions
for civilian use. The initial design and compilation of the database
shall be completed not later than December 31, 1997.
(e) Access to Inventory and Database.--The Director of the Federal
Emergency Management Agency shall design and maintain a system to give
Federal, State, and local officials access to the inventory listing and
database maintained under this section in the event of an emergency
involving weapons of mass destruction or to prepare and train to
respond to suchan emergency. The system shall include a secure but
accessible emergency response hotline to access information and request
assistance.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1421. PROCUREMENT OF DETECTION EQUIPMENT UNITED STATES BORDER
SECURITY.
Of the amount authorized to be appropriated by section 301,
$15,000,000 is available for the procurement of--
(1) equipment capable of detecting the movement of weapons of
mass destruction and related materials into the United States;
(2) equipment capable of interdicting the movement of weapons
of mass destruction and related materials into the United States;
and
(3) materials and technologies related to use of equipment
described in paragraph (1) or (2).
SEC. 1422. EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by inserting ``, or attempts to
violate,'' after ``violates''; and
(2) in subsection (b), by inserting ``, or willfully attempts
to violate,'' after ``violates''.
SEC. 1423. SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.
(a) Sense of Congress Concerning Inadequacy of Sentencing
Guidelines.--It is the sense of Congress that 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.
(b) Urging of Revison to Guidelines.--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 the following provisions of law:
(1) Section 11 of the Export Administration Act of 1979 (50
U.S.C. App. 2410).
(2) Sections 38 and 40 of the Arms Export Control Act (22
U.S.C. 2778 and 2780).
(3) The International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(4) Section 309(c) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 2156a(c)).
SEC. 1424. 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.--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).
(c) Assistance to States of the Former Soviet Union.--Assistance
under programs referred to in subsection (a) may (notwithstanding any
provision of law prohibiting the extension of foreign assistance to any
of the newly independent states of the former Soviet Union) be extended
to include an independent state of the former Soviet Union if the
President certifies to Congress that it is in the national interest of
the United States to extend assistance under this section to that
state.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN 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. 1432. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Energy, in consultation
with the Secretary of Defense, 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.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1441. 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, under the direction of the National
Security Council, shall advise and assist the President by--
(1) advising the President on nonproliferation of weapons of
mass destruction, including issues related to terrorism, arms
control, and international organized crime;
(2) chairing the Committee on Nonproliferation established
under section 1342; and
(3) taking 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) Allocation of Funds.--Of the total amount authorized to be
appropriated under section 301, $2,000,000 is available to the
Department of Defense for carrying out research referred to in
subsection (b)(3).
SEC. 1442. 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
representatives 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 through the National Security
Council 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 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 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) Improving 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. 1443. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the Committee
on Nonproliferation established under section 1442, 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 orthreatened 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, by agency or department,
for carrying out such plans in fiscal year 1998 and the following
five fiscal years.
(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. 1444. 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. 1451. SENSE OF CONGRESS CONCERNING 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, to the extent authorized by law, should--
(1) contract directly with suppliers in independent states of
the former Soviet Union when such action would--
(A) result in significant savings of the programs referred
to in subtitle C; and
(B) substantially expedite completion of the programs
referred to in subtitle C; and
(2) seek means to use innovative contracting approaches to
avoid delay and increase the effectiveness of such programs and of
the exercise of such authorities.
SEC. 1452. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT REDUCTION
PROGRAMS.
Congress finds that--
(1) the various Cooperative Threat Reduction programs are being
carried out at different rates in the various countries covered by
such programs; and
(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.
SEC. 1453. SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES OF FORMER
SOVIET UNION.
It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and other United
States programs authorized in the National Defense Authorization
Act for Fiscal Years 1993 and 1994 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.
SEC. 1454. 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. 1455. SENSE OF CONGRESS CONCERNING 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.
TITLE XV--COOPERATIVE THREAT RE- DUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
SEC. 1501. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the programs
specified in subsection (b).
(b) Specified Programs.--The programs referred to in subsection (a)
are the following programs with respect to states of the former Soviet
Union:
(1) Programs to facilitate the elimination, and the safe and
secure transportation and storage, of nuclear, chemical, and other
weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons, weapons
components, and weapons-related technology and expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For planning and design of a chemical weapons destruction
facility in Russia, $78,500,000.
(2) For elimination of strategic offensive arms in Russia,
$52,000,000.
(3) For strategic nuclear arms elimination in Ukraine,
$47,000,000.
(4) For planning and design of a storage facility for Russian
fissile material, $66,000,000.
(5) For fissile material containers in Russia, $38,500,000.
(6) For weapons storage security in Russia, $15,000,000.
(7) For activities designated as Defense and Military-to-
Military Contacts in Russia, Ukraine, Belarus, and Kazakhstan,
$10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $20,900,000.
(9) For materials protection, control, and accounting
assistance or for destruction of nuclear, radiological, biological,
or chemical weapons or related materials at any site within the
former Soviet Union, $10,000,000.
(10) For transfer to the Secretary of Energy to develop a
cooperative program with the Government of Russia to eliminate the
production of weapons grade plutonium at Russian reactors,
$10,000,000.
(11) For dismantlement of biological and chemical weapons
facilities in the former Soviet Union, $15,000,000.
(12) For expanding military-to-military programs of the United
States that focus on countering the threat of proliferation of
weapons of mass destruction to include the security forces of the
independent states of the former Soviet Union, particularly states
in the Caucasus region and Central Asia, $2,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If the
Secretary of Defense determines that it is necessary to do so in the
national interest, the Secretary may, subject to paragraph (2),
obligate amounts for the purposes stated in any of the paragraphs of
subsection (a) in excess of the amount specified for those purposes in
that paragraph, but not in excess of 115 percent of that amount.
However, the total amount obligated for the purposes stated in
theparagraphs in subsection (a) may not by reason of the use of the
authority provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the paragraphs
in subsection (a) in excess of the amount specified in that paragraph
may be made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress a notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction programs,
or appropriated for such programs for any prior fiscal year and
remaining available for obligation, may be obligated or expended for
any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion Assistance.--None
of the funds appropriated to the Department of Defense for fiscal year
1997 may be obligated or expended for defense conversion.
SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE
SUBMITTED.
None of the funds appropriated pursuant to the authorization in
section 301 for Cooperative Threat Reduction programs may be obligated
or expended until 15 days after the date which is the latest of the
following:
(1) The date on which the President submits to Congress the
determinations required under subsection (c) of section 211 of
Public Law 102-228 (22 U.S.C. 2551 note) with respect to any
certification transmitted to Congress under subsection (b) of that
section before the date of the enactment of this Act.
(2) The date on which the Secretary of Defense submits to
Congress the first report under section 1206(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 471).
(3) The date on which the Secretary of Defense submits to
Congress the report for fiscal year 1996 required under section
1205(c) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2883).
SEC. 1505. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management, Pay,
and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to civilian positions.
Sec. 1602. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base structure.
Sec. 1604. Travel expenses and health care for civilian employees of the
Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for certain
former nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in reductions in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused upon
transfer of employee from installation being closed or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense employees reemployed by
the Government without pay.
Sec. 1613. Simplification of rules relating to the observance of certain
holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
Subtitle A--Miscellaneous Matters Relating to Personnel Management,
Pay, and Allowances
SEC. 1601. MODIFICATION OF REQUIREMENT FOR CONVERSION OF MILITARY
POSITIONS TO CIVILIAN POSITIONS.
(a) Elimination of Requirement for Fiscal Year 1997 Conversions.--
Paragraph (1) of 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 ``September 30, 1997'' and inserting in
lieu thereof ``September 30, 1996''; and
(2) by striking out ``10,000'' and inserting in lieu thereof
``3,000''.
(b) Conforming Amendments.--Such section is further amended--
(1) by striking out paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--(1) The amendments made by this section shall
take effect 30 days after the date on which the Secretary of Defense
submits to Congress a certification that at least 3,000 military
positions have been converted to civilian positions during fiscal year
1996 as required by section 1032(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
429).
(2) The Secretary shall publish in the Federal Register a notice of
the submission of any certification to Congress under paragraph (1),
including the date on which the certification was submitted to
Congress.
SEC. 1602. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY
TRAINING BASES TRANSFERRED TO NATIONAL GUARD.
(a) Retention of Employee Positions.--In the case of a military
training installation described in subsection (b), the Secretary of
Defense shall retain civilian employee positions of the Department of
Defense at the installation after transfer to the National Guard to
facilitate active and reserve component training at the installation.
The Secretary shall determine the extent to which positions at the
installation are to be retained as positions of the Department of
Defense in consultation with the Adjutant General of the National Guard
of the State in which the installation is located.
(b) 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.
(c) Maximum Positions Retained.--The number of civilian employee
positions retained at an installation under this section may not exceed
20 percent of the Federal civilian workforce employed at the
installation as of September 8, 1995.
(d) Removal of Position.--The requirement to maintain a civilian
employee position at an installation under this section terminates upon
the later of the following:
(1) The date of the departure or retirement from that position
by the civilian employee initially employed or retained in the
position as a result of this section.
(2) The date on which the Secretary certifies to Congress that
the position is no longer required to ensure that effective support
is provided at the installation for active and reserve component
training.
SEC. 1603. CLARIFICATION OF APPLICABILITY OF CERTAIN MANAGEMENT
CONSTRAINTS ON MAJOR RANGE AND TEST FACILITY BASE STRUCTURE.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting ``, the Major Range and
Test Facility Base,'' after ``industrial-type activities''; and
(2) by adding at the end the following:
``(e) Subsections (a), (b), and (c) apply to the Major Range and
Test Facility Base (MRTFB) at the installation level. With respect to
the MRTFB structure, the term `funds made available' includes both
direct appropriated funds and funds provided by MRTFB customers.''.
SEC. 1604. 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 the Foreign
Service Act of 1980 (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
Government in order to facilitate the payment of expenses authorized by
subsection (b) and to carry out a health care pro- gram 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 adding at the end the following new item:
``1599b. Employees abroad: travel expenses; health care.''.
SEC. 1605. 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. 1606. 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. 1607. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS AT
CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
(a) Faculties.--Subsection (c) of section 1595 of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
``(4) The English Language Center of the Defense Language
Institute.
``(5) The Asia-Pacific Center for Security Studies.''.
(b) Certain Administrators.--Such section is further amended by
adding at the end the following new subsection:
``(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. 1608. 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 new paragraph:
``(7) The Secretary may provide for reimbursement of a school board
member for expenses incurred by the member for travel, transportation,
lodging, meals, program fees, activity fees, and other appropriate
expenses that the Secretary determines are reasonable and necessary for
the performance of school board duties by the member.''.
SEC. 1609. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF
DEPARTMENT OF DEFENSE TO PARTICIPATE VOLUNTARILY IN REDUCTIONS IN
FORCE.
Subsection (f) of section 3502 of title 5, United States Code, is
amended to read as follows:
``(f)(1) The Secretary of Defense or the Secretary of a military
department may--
``(A) separate from service any employee who volunteers to be
separated under this subparagraph even though the employee is not
otherwise subject to separation due to a reduction in force; and
``(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar position who
would otherwise be separated due to a reduction in force.
``(2) The separation of an employee under paragraph (1)(A) shall be
treated as an involuntary separation due to a reduction in force.
``(3) An employee with critical knowledge and skills (as defined by
the Secretary concerned) may not participate in a voluntary separation
under paragraph (1)(A) if the Secretary concerned determines that such
participation would impair the performance of the mission of the
Department of Defense or the military department concerned.
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) No authority under paragraph (1) may be exercised after
September 30, 2001.''.
SEC. 1610. WAGE-BOARD COMPENSATORY TIME OFF.
(a) In General.--Section 5543 of title 5, 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) 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 or section 7 of the Fair
Labor Standards Act of 1938 for an equal amount of time spent in
irregular or occasional overtime work. An agency head may not require
an employee to be compensated for overtime work with an equivalent
amount of compensatory time-off from the employee's tour of duty.''.
(b) Conforming Amendment.--Section 5544(c) of title 5, United
States Code, is amended by inserting ``and the provisions of section
5543(b)'' after ``the last two sentences of subsection (a)''.
SEC. 1611. 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:
``(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. 1612. WAIVER OF REQUIREMENT FOR REPAYMENT OF VOLUNTARY SEPARATION
INCENTIVE PAY BY FORMER DEPARTMENT OF DEFENSE EMPLOYEES REEMPLOYED BY
THE GOVERNMENT WITHOUT PAY.
(a) In General.--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.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to employment accepted on or after the date of the
enactment of this Act.
SEC. 1613. SIMPLIFICATION OF RULES RELATING TO THE OBSERVANCE OF
CERTAIN HOLIDAYS.
Section 6103 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) For purposes of this subsection--
``(A) the term `compressed schedule' has the meaning given such
term by section 6121(5); and
``(B) the term `adverse agency impact' has the meaning given
such term by section 6131(b).
``(2) An agency may prescribe rules under which employees on a
compressed schedule may, in the case of a holiday that occurs on a
regularly scheduled non-workday for such employees, and notwithstanding
any other provision of law or the terms of any collective bargaining
agreement, be required to observe such holiday on a workday other than
as provided by subsection (b), if the agency head determines that it is
necessary to do so in order to prevent an adverse agency impact.''.
SEC. 1614. 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.
SEC. 1615. FAILURE TO COMPLY WITH VETERANS' PREFERENCE REQUIREMENTS TO
BE TREATED AS A PROHIBITED PERSONNEL PRACTICE.
(a) In General.--(1) Chapter 81 of title 10, United States Code, as
amended by section 1604, is further amended by adding at the end the
following new section:
``Sec. 1599c. Veterans' preference requirements: Department of Defense
failure to comply treated as a prohibited personnel practice
``(a) Prohibited Personnel Practice.--It is a prohibited personnel
practice for a person referred to in subsection (b) who has authority
described in that subsection--
``(1) knowingly to take, recommend, or approve any personnel
action with respect to such authority if the taking of such action
violates a veterans' preference; or
``(2) knowingly to fail to take, recommend, or approve any
personnel action with respect to such authority, if the failure to
take such action violates a veterans' preference.
``(b) Persons Covered.--Subsection (a) applies with respect to--
``(1) an officer or employee of the Department of Defense who
has authority to take, direct others to take, recommend, or approve
a personnel action with respect to an employee of the Department of
Defense; and
``(2) a member of the armed forces who has such authority.
``(c) Veterans' Preference Defined.--(1) In this section, the term
`veterans' preference' means any of the following provisions of law:
``(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313,
3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501,
3502(b), 3504, and 4303(e) of title 5 and (with respect to a
preference eligible referred to in section 7511(a)(1)(B) of such
title) subchapter II of chapter 75 and section 7701 of such title.
``(B) Sections 943(c)(2) and 1784(c) of this title.
``(C) Section 1308(b) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198(b)).
``(D) Section 301(c) of the Foreign Service Act of 1980 (22
U.S.C. 3941(c)).
``(E) Section 3(a)(11) of the Administrative Office of the
United States Courts Personnel Act of 1990 (28 U.S.C. 602 note).
``(F) Sections 106(f), 7281(e), and 7802(5) of title 38.
``(G) Section 1005(a) of title 39.
``(H) Any other provision of law that the Director of the
Office of Personnel Management designates in regulations as being a
veterans' preference for the purposes of this section.
``(2) For the purposes of this section, such term includes any
regulation prescribed under subsection (b) or (c) of section 1302 of
title 5 and any other regulation that implements a provision of law
referred to in paragraph (1).
``(d) Personnel Action Defined.--In this section, the term
`personnel action' has the meaning given that term in section 2302 of
title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1599c. Veterans' preference requirements: Department of Defense
failure to comply treated as a prohibited personnel
practice.''.
(b) Applicability of Title 5 Procedures and Sanctions.--Paragraph
(1) of section 2302(a) of title 5, United States Code, is amended to
read as follows:
``(1) For purposes of this title, `prohibited personnel practice'
means the following:
``(A) Any action described in subsection (b) of this section.
``(B) Any action or failure to act that is designated as a
prohibited personnel action under section 1599c(a) of title 10.''.
(c) Reporting Requirement.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a written report on--
(1) the implementation of--
(A) section 1599c of title 10, United States Code, as added
by subsection (a); and
(B) subparagraph (B) of section 2302(a)(1) of title 5,
United States Code, as added by subsection (b); and
(2) the administration of veterans' preference requirements by
the Department of Defense generally.
SEC. 1616. 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 Director of the Office of Personnel Management,
may establish one or more pilot programs under which Federal retirement
benefits are provided in accordance with this section to persons who
convert from Federal employment 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 military
installations to be covered by a pilot program under this section.
(b) Eligible Converted Employees.--(1) A person is a converted
employee eligible for Federal retirement 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 at a military
installation selected to participate in a pilot program, performed
a function that was recommended, in a report of the Defense Base
Closure and Realignment Commission submitted to the President under
the Defense Base Closure and Realignment Act of 1990 (title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), to be privatized for
performance by a defense contractor at the same installation or in
the vicinity of the installation;
(B) while so employed, separated from Federal service after
being notified that the employee would be separated in a reduction
in force resulting from such privatization;
(C) at the time separated from Federal service, was covered
under the Civil Service Retirement System, but was not eligible for
an immediate annuity under the Civil Service Retirement System;
(D) does not withdraw retirement contributions under section
8342 of title 5, United States Code;
(E) within 60 days following such separation, is employed by
the defense contractor selected to privatize the function to
perform substantially the same function performed by the person
before the separation; and
(F) 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).
(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 (B) 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 Converted Employees.--In the case of a
converted employee covered by a pilot program, payment of a deferred
annuity for which the converted 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 converted
employee attains early deferred retirement age, notwithstanding the age
requirement under that section. If the employment of a converted
employee is involuntarily terminated by the defense contractor or
subcontractor as described in subsection (b)(1)(F) and the converted
employee resumes Federal service before the converted employee attains
early deferred retirement age, the converted employee shall once again
be covered under the Civil Service Retirement System instead of the
pilot program.
(d) Computation of Average Pay.--(1)(A) This paragraph applies to a
converted 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 converted employee referred to in subparagraph
(A), the average pay of the converted 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 converted employee
attains early deferred retirement age.
(C) The average pay of a converted employee, as adjusted under
subparagraph (B), may not exceed the amount to which an annuity of the
converted 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 converted employee who was a
prevailing rate employee (as defined under section5342(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 converted
employee referred to in subparagraph (A), the average pay of the
converted 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 converted 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 converted 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
converted employee, and any survivor of a converted employee, when the
increase results from--
(A) an increase in the average pay of the converted 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
converted 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 a pilot 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
converted 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
converted 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 converted 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 8905a(e)(1)(A) of title 5, United States Code, the continued
coverage of a converted 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 converted employee shall be considered a converted employee.
(j) Report by General Accounting Office.--The Comptroller General
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 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 ``converted 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)(B).
(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 converted employees.
(5) The term ``early deferred retirement age'' means the first
age at which a converted employee would have been eligible for
immediate retirement under subsection (a) or (b) of section 8336 of
title 5, United States Code, if such converted 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) Application of Pilot Program.--In the event that a pilot
program is established for a military installation, the pilot program
shall apply to a covered separation from Federal service by an employee
of the Department of Defense at the installation occurring on or after
August 1, 1996.
Subtitle B--Department of Defense Intelligence Personnel Policy
SEC. 1631. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense Civilian
Intelligence Personnel Policy Act of 1996''.
SEC. 1632. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.
(a) Consolidation and Standardization of Civilian Personnel
Policy.--Chapter 83 of title 10, United States Code, is amended--
(1) by redesignating section 1602 as section 1621 and
transferring that section so as to appear after section 1605;
(2) by redesignating sections 1606 and 1608 as section 1622 and
1623, respectively; and
(3) by striking out the chapter heading, the table of sections,
and sections 1601, 1603, and 1604 and inserting in lieu thereof the
following:
``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
``Subchapter
Sec.
``I. Defense-Wide Intelligence Personnel Policy................... 1601
``II. Defense Intelligence Agency Personnel....................... 1621
``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
``Sec.
``1601. Civilian intelligence personnel: general authority to establish
excepted positions, appoint personnel, and fix rates of pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence
employees.
``1612. Merit system principles and civil service protections:
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.
``Sec. 1601. Civilian intelligence personnel: general authority to
establish excepted positions, appoint personnel, and fix rates of
pay
``(a) General Authority.--The Secretary of Defense may--
``(1) establish, as positions in the excepted service, such
defense intelligence positions in the intelligence components of
the Department of Defense and the military departments as the
Secretary determines necessary to carry out the intelligence
functions of those components and departments, including--
``(A) Intelligence Senior Level positions designated under
section 1607 of this title; and
``(B) positions in the Defense Intelligence Senior
Executive Service;
``(2) appoint individuals to those positions (after taking into
consideration the availability of preference eligibles for
appointment to those positions); and
``(3) fix the compensation of such individuals for service in
those positions.
``(b) Construction With Other Laws.--The authority of the Secretary
of Defense under subsection (a) applies without regard to the
provisions of any other law relating to the appointment, number,
classification, or compensation of employees.
``Sec. 1602. Basic pay
``(a) Authority To Fix Rates of Basic Pay.--The Secretary of
Defense (subject to the provisions of this section) shall fix the rates
of basic pay for positions established under section 1601 of this title
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) Maximum Rates.--A rate of basic pay fixed under subsection
(a) for a position established under section 1601 of this title may not
(except as otherwise provided by law) exceed--
``(1) in the case of a Defense Intelligence Senior Executive
Service position, the maximum rate provided in section 5382 of
title 5;
``(2) in the case of an Intelligence Senior Level position, the
maximum rate provided in section 5382 of title 5; and
``(3) in the case of any other position, the maximum rate
provided in section 5306(e) of title 5.
``(c) Prevailing Rate 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 ofbasic 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 that title.
``Sec. 1603. Additional compensation, incentives, and allowances
``(a) Additional Compensation Based on Title 5 Authorities.--The
Secretary of Defense may provide employees in defense intelligence
positions compensation (in addition to basic pay), including benefits,
incentives, and allowances, consistent with, and not in excess of the
level authorized for, comparable positions authorized by title 5.
``(b) Allowances Based on Living Costs and Environment.--(1) In
addition to basic pay, employees in defense intelligence positions who
are citizens or nationals of the United States and are stationed
outside the continental United States or in Alaska may be paid an
allowance, in accordance with regulations prescribed by the Secretary
of Defense, while they are so stationed.
``(2) An allowance under this subsection 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 the factors specified in subparagraphs (A) and
(B).
``(3) An allowance under this subsection may not exceed the
allowance authorized to be paid by section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.''.
(b) Matters Other Than Pay and Benefits.--Such chapter is further
amended by inserting after section 1605 the following new sections:
``Sec. 1606. Defense Intelligence Senior Executive Service
``(a) Establishment.--The Secretary of Defense may establish a
Defense Intelligence Senior Executive Service for defense intelligence
positions established pursuant to section 1601(a) of this title that
are equivalent to Senior Executive Service positions. The number of
positions in the Defense Intelligence Senior Executive Service may not
exceed 492.
``(b) Regulations Consistent With Title 5 Provisions.--The
Secretary of Defense shall prescribe regulations for the Defense
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 Defense Intelligence Senior Executive Service is
entitled shall be held or decided pursuant to those 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 Defense 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 provisions with respect to the Defense
Intelligence Senior Executive Service.
``(c) Award of Rank to Members of the Defense 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 Defense Intelligence Senior Executive
Service. The award of such rank shall be made in a manner consistent
with the provisions of that section.
``Sec. 1607. Intelligence Senior Level positions
``(a) Designation of Positions.--The Secretary of Defense may
designate as an Intelligence Senior Level position any defense
intelligence 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 a Defense Intelligence Senior
Executive Service position; and
``(3) has no more than minimal supervisory responsibilities.
``(b) Regulations.--Subsection (a) shall be carried out in
accordance with regulations prescribed by the Secretary of Defense.
``Sec. 1608. Time-limited appointments
``(a) Authority for Time-Limited Appointments.--The Secretary of
Defense may by regulation authorize appointing officials to make time-
limited appointments to defense intelligence positions specified in the
regulations.
``(b) Review of Use of Authority.--The Secretary of Defense shall
review each time-limited appointment in a defense intelligence 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.
``(c) Condition on Permanent Appointment to Defense Intelligence
Senior Executive Service.--An employee serving in a defense
intelligence position pursuant to a time-limited appointment is not
eligible for a permanent appointment to a Defense Intelligence Senior
Executive Service position (including a position in which the employee
is serving) unless the employee is selected for the permanent
appointment on a competitive basis.
``(d) Time-Limited Appointment Defined.--In this section, the term
`time-limited appointment' means an appointment (subject to the
condition in subsection (b)) for a period not to exceed two years.
``Sec. 1609. Termination of defense intelligence employees
``(a) Termination Authority.--Notwithstanding any other provision
of law, the Secretary of Defense may terminate the employment of any
employee in a defense intelligence position if the Secretary--
``(1) considers that action to be in the interests of the
United States; and
``(2) 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.
``(b) Finality.--A decision by the Secretary of Defense to
terminate the employment of an employee under this section is final and
may not be appealed or reviewed outside the Department of Defense.
``(c) Notification to Congressional Committees.--Whenever the
Secretary of Defense terminates the employment of an employee under the
authority of this section, the Secretary shall promptly notify the
congressional oversight committees of such termination.
``(d) Preservation of Right To Seek Other Employment.--Any
termination of employment under this section does 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.
``(e) Limitation on Delegation.--The authority of the Secretary of
Defense under this section may be delegated only to the Deputy
Secretary of Defense, the head of an intelligence component of the
Department of Defense (with respect to employees of that component), or
the Secretary of a military department (with respect to employees of
that department). An action to terminate employment of such an employee
by any such official may be appealed to the Secretary of Defense.
``Sec. 1610. Reductions and other adjustments in force
``(a) In General.--The Secretary of Defense shall prescribe
regulations for the separation of employees in defense intelligence
positions, including members of the Defense Intelligence Senior
Executive Service and employees in Intelligence Senior Level positions,
during 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.
``(b) Matters To Be Given Effect.--The regulations shall give
effect to the following:
``(1) Tenure of employment.
``(2) Military preference, subject to sections 3501(a)(3) and
3502(b) of title 5.
``(3) The veteran's preference under section 3502(b) of title
5.
``(4) Performance.
``(5) Length of service computed in accordance with the second
sentence of section 3502(a) of title 5.
``(c) Regulations Relating to Defense Intelligence SES.--The
regulations relating to removal from the Defense Intelligence Senior
Executive Service in a reduction in force or other adjustment in force
shall be consistent with section 3595(a) of title 5.
``(d) Right of Appeal.--(1) 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.
``(2) Notwithstanding paragraph (1), a preference eligible referred
to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a
personnel action taken against the preference eligible under the
regulation determined by the Merit Systems Protection Board instead of
having the appeal determined within the Department of Defense. Section
7701 of title 5 shall apply to any such appeal to the Merit Systems
Protection Board.
``(e) Consultation With OPM.--Regulations under this section shall
be prescribed in consultation with the Director of the Office of
Personnel Management.''.
(c) Transfer of Section 1599.--Subtitle A of title 10, United
States Code, is amended by transferring section 1599 to chapter 83 of
such title, inserting such section after section 1610 (as added by
subsection (b)), redesignating such section as section 1611, and in
subsection (f) striking out ``means'' and all that follows and
inserting in lieu thereof ``includes the National Reconnaissance Office
and any intelligence component of a military department.''.
(d) Additional Provisions.--Such chapter is further amended by
inserting after section 1611 (as so transferred and redesignated) the
following new sections:
``Sec. 1612. Merit system principles and civil service protections:
applicability
``(a) Applicability of Merit System Principles.--Section 2301 of
title 5 shall apply to the exercise of authority under this subchapter
(other than sections 1605 and 1611).
``(b) Civil Service Protections.--(1) If, in the case of a position
established under authority other than section 1601(a)(1) of this title
that is reestablished as an excepted service position under that
section, the provisions of law referred to in paragraph (2) applied to
the person serving in that position immediately before the position is
so reestablished and such provisions of law would not otherwise apply
to the person while serving in the position as so reestablished, then
such provisions of law shall, subject to paragraph (3), continue to
apply to the person with respect to service in that position for as
long as the person continues to serve in the position without a break
in service.
``(2) The provisions of law referred to in paragraph (1) are the
following provisions of title 5:
``(A) Section 2302, relating to prohibited personnel practices.
``(B) Chapter 75, relating to adverse actions.
``(3)(A) Notwithstanding any provision of chapter 75 of title 5, an
appeal of an adverse action by an individual employee covered by
paragraph (1) shall be determined within the Department of Defense if
the employee so elects.
``(B) The Secretary of Defense shall prescribe the procedures for
initiating and determining appeals of adverse actions pursuant to
elections made under subparagraph (A).
``Sec. 1613. Miscellaneous provisions
``(a) Collective Bargaining Agreements.--Nothing in sections 1601
through 1604 and 1606 through 1610 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.
``(b) Notice to Congress of Regulations.--The Secretary of Defense
shall notify Congress of any regulations prescribed to carry out this
subchapter (other than sections 1605 and 1611). Such notice shall be
provided by submitting a copy of the regulations to the congressional
oversight committees not less than 60 days before such regulations take
effect.
``Sec. 1614. Definitions
``In this subchapter:
``(1) The term `defense intelligence position' means a civilian
position as an intelligence officer or intelligence employee of an
intelligence component of the Department of Defense or of a
military department.
``(2) The term `intelligence component of the Department of
Defense' means any of the following:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The National Imagery and Mapping Agency.
``(D) Any other component of the Department of Defense that
performs intelligence functions and is designated by the
Secretary of Defense as an intelligence component of the
Department of Defense.
``(E) Any successor to a component specified in, or
designated pursuant to, this paragraph.
``(3) The term `congressional oversight committees' means--
``(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(B) the Committee on National Security and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(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.''.
(e) Designation of New Subchapter II.--Chapter 83 of such title is
further amended by inserting after section 1614 (as added by subsection
(d)) the following:
``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL
``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of
critical skills.''.
SEC. 1633. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING
AMENDMENTS.
(a) Repeal of Separate Military Department Authorities.--Section
1590 of title 10, United States Code, is repealed.
(b) Repeal of Separate National Security Agency Authorities.--The
following provisions of law are repealed:
(1) Sections 2 and 4 of the National Security Agency Act of
1959 (50 U.S.C. 402 note).
(2) Section 303 of the Internal Security Act of 1950 (50 U.S.C.
833).
(c) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The heading for section 1605 is amended to read as follows:
``Sec. 1605. Benefits for certain employees assigned outside the United
States''.
(2) The table of sections at the beginning of chapter 81 is
amended by striking out the items relating to sections 1590 and
1599.
(3) The tables of chapters at the beginning of subtitle A, and
at the beginning of part II of subtitle A, are amended by striking
out the item relating to chapter 83 and inserting in lieu thereof
the following:
``83. Civilian Defense Intelligence Employees....................1601''.
(d) Conforming Amendment.--Section 1621 of such title, as
transferred and redesignated by section 1632(a)(1), is amended by
striking out ``and Central Imagery Office''.
(e) Cross Reference Amendments.--Chapter 81 of title 10, United
States Code, is amended as follows:
(1) Section 1593(a)(3) is amended by striking out ``section
1606'' and inserting in lieu thereof ``section 1622''.
(2) Section 1596(c) is amended by striking out ``section
1604(b)'' and inserting in lieu thereof ``section 1602''.
SEC. 1634. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) 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).
(b) Applicability of Authority and Procedures for Imposing Certain
Adverse Actions.--Section 7511(b)(8) of such title is amended by
striking out ``the National Security Agency'' and all that follows
through ``title 10'' and inserting in lieu thereof ``an intelligence
component of the Department of Defense (as defined in section 1614 of
title 10), or an intelligence activity of a military department covered
under subchapter I of chapter 83 of title 10''.
SEC. 1635. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on October 1, 1996.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle within
the continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an employee
who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating to
relocation expenses.
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Federal Employee Travel Reform Act
of 1996''.
Subtitle A--Relocation Benefits
SEC. 1711. 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 of the employee and the
employee's spouse for travel to seek permanent residence quarters
at a new official station; and
``(B) either--
``(i) a per diem allowance or the actual subsistence
expenses (or a combination of both); or
``(ii) an amount for subsistence expenses.
``(2) Expenses may be allowed under paragraph (1) only for one
round trip in connection with each change of station of the
employee.''.
SEC. 1712. TEMPORARY QUARTERS SUBSISTENCE EXPENSES ALLOWANCE.
Section 5724a of title 5, United States Code, as amended by section
1712, 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 the
employee or family is occupying temporary quarters when the new
official station is located within the United States; 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. 1713. MODIFICATION OF RESIDENCE TRANSACTION EXPENSES ALLOWANCE.
(a) Expenses of Sale.--Section 5724a of title 5, United States
Code, as amended by section 1712, 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 for 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 for 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.''.
(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 5738 of this title,
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. 1714. AUTHORITY TO PAY FOR PROPERTY MANAGEMENT SERVICES.
Section 5724a of title 5, United States Code, as amended by section
1713, is further amended--
(1) in subsection (d), by adding at the end the following:
``(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, instead of expenses under paragraph (2) or (3) of
this subsection for sale of the employee's residence, when the agency
determines that such transfer is advantageous and cost-effective for
the Government.''; 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. Such payment shall terminate upon return of
the employee to an official station within the United States.''.
SEC. 1715. 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 5738 of this
title, 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 of this
title, 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 inserting ``or
(c)'' after ``subsection (b)''.
(b) Availability of Appropriations.--(1) Section 5722(a) of title
5, United States Code, is amended--
(A) by striking out ``and'' at the end of paragraph (1);
(B) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle as authorized under section 5727(c) of this title.''.
(2) Section 5723(a) of title 5, United States Code, is amended--
(A) by striking out ``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 as authorized under section 5727(c) of this title;''.
SEC. 1716. AUTHORITY TO PAY LIMITED RELOCATION ALLOWANCES TO AN
EMPLOYEE WHO IS PERFORMING AN EXTENDED ASSIGNMENT.
Subchapter II of chapter 57 of title 5, United States Code, as
amended by section 1605, is further amended by adding at the end the
following new section:
``Sec. 5737. Relocation expenses of an employee who is performing an
extended assignment
``(a) Under regulations prescribed under section 5738 of this
title, 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 not
less than six months and not 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 of this title.
``(2) Transportation expenses of the immediate family and
household goods and personal effects to and from the assignment
location in accordance with section 5724 of this title.
``(3) A per diem allowance for en route travel of the
employee's immediate family to and from the assignment location in
accordance with section 5724a(a) of this title.
``(4) Travel and transportation expenses of the employee and
spouse to seek new residence quarters at the assignment location in
accordance with section 5724a(b) of this title.
``(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) of this title.
``(6) An amount, in accordance with section 5724a(f), to be
used by the employee for miscellaneous expenses of this title.
``(7) The expenses of transporting a privately owned motor
vehicle or vehicles to the assignment location in accordance with
section 5727 of this title.
``(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) of this title,
subject to the limitation that the weight of the household goods
and personal effects stored, together with the weight of property
transported under section 5724(a) of this title, may not exceed the
total maximum weight which could be transported in accordance with
section 5724(a) of this title.
``(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.''.
SEC. 1717. AUTHORITY TO PAY A HOME MARKETING INCENTIVE.
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 regulations prescribed under subsection (b), an agency
may pay to an employee who transfers in the interest of the Government
an amount to encourage the employee to aggressively market the
employee's residence at the official station from which transferred
when--
``(1) the residence is entered into a relocation services
program established under a contract in accordance with section
5724c of this title 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 results in a reduced cost to
the Government.
``(b)(1) The Administrator of General Services shall prescribe
regulations to carry out this section.
``(2) The regulations shall include a limitation on the maximum
amount payable with respect to an employee's residence. The
Administrator shall establish the limitation in consultation with the
Director of the Office of Management and Budget. For fiscal years 1997
and 1998, the maximum amount shall be the amount equal to five percent
of the sale price of the residence.''.
SEC. 1718. REVISION AND REENACTMENT OF ADDITIONAL PROVISIONS RELATING
TO RELOCATION EXPENSES.
Section 5724a of title 5, United States Code, as amended by section
1714, is further amended by adding at the end the following new
subsections:
``(f)(1) Subject to paragraph (2), an employee who is reimbursed
under subsections (a) through (e) of this section or section 5724(a) of
this title is entitled to an amount for miscellaneous expenses--
``(A) not to exceed two weeks' basic pay, if such employee has
an immediate family; or
``(B) not to exceed one 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.
``(g) A former employee separated by reason of reduction in force
or transfer of function who within one 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 (f) of this section, in the same manner as though the
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.
``(h) Payments for subsistence expenses, including amounts in lieu
of per diem or actual subsistence expenses or a combination thereof,
authorized under this section may not exceed the maximum payment
allowed under regulations which implement section 5702 of this title.
``(i) Subsections (a), (b), and (c) shall be implemented under
regulations issued under section 5738 of this title.
``(j) For purposes of subsections (c), (d), and (e), the term
`United States' includes the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, the
territories and possessions of the United States, and the areas and
installations in the Republic of Panama that are 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 (22 U.S.C. 3602(a))).''.
Subtitle B--Miscellaneous Provisions
SEC. 1721. 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. 1722. TRANSFER OF AUTHORITY TO PRESCRIBE REGULATIONS.
Subchapter II of chapter 57 of title 5, United States Code, as
amended by section 1716, is further amended by adding at the end the
following new section:
``Sec. 5738. 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) The Administrator of General Services shall include in the
regulations authority for 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 suffer hardship if the limitation were not waived. A
waiver of a limitation under authority provided in the regulations
pursuant to this paragraph shall be effective notwithstanding any other
provision of this subchapter.
``(b) In prescribing regulations for the implementation of section
5724b of this title, the Administrator of General Services shall
consult with the Secretary of the Treasury.
``(c) The Secretary of Defense shall prescribe regulations
necessary for the implementation of section 5735 of this title.''.
SEC. 1723. CONFORMING AND CLERICAL AMENDMENTS.
(a) Cross References.--(1) Title 5, United States Code, is amended
as follows:
(A) Section 3375 is amended--
(i) in subsection (a)(3), by striking out ``section
5724a(a)(1)'' and inserting in lieu thereof ``section
5724a(a)'';
(ii) in subsection (a)(4), by striking out ``section
5724a(a)(3)'' and inserting in lieu thereof ``section
5724a(c)''; and
(iii) in subsection (a)(5), by striking out ``section
5724a(b)'' and inserting in lieu thereof ``section 5724a(g)'';
and
(B) Section 5724(e) is amended by striking out ``section
5724a(a), (b)'' and inserting in lieu thereof ``section 5724a (a)
through (f)''.
(2) Section 707 of title 38, United States Code, is amended--
(A) in subsection (a)(6), by striking out ``Section
5724a(a)(3)'' and inserting in lieu thereof ``Section 5724a(c)'';
and
(B) in subsection (a)(7), by striking out ``Section
5724a(a)(4)'' and inserting in lieu thereof ``Section 5724a(d)''.
(3) The Public Health Service Act is amended as follows:
(A) Section 501(g)(2)(A) (42 U.S.C. 290aa(g)(2)(A)) is amended
by striking out ``5724a(a)(1), 5724a(a)(3)'' and inserting in lieu
thereof ``5724a(a), 5724a(c)''.
(B) Section 925(f)(2)(A) (42 U.S.C. 299c-4(f)(2)(A)) is amended
by striking out ``5724a(a)(1), 5724a(a)(3)'' and inserting in lieu
thereof ``5724a(a), 5724a(c)''.
(b) Regulations.--Title 5, United States Code, is amended as
follows:
(1) Sections 5722, 5723, 5724, (in subsections (a), (b), and
(c)), 5724b, 5726 (in subsections (b) and (c)), 5727(b), 5728 (in
subsections (a), (b), and (c)(1)), and 5729 (in subsections (a) and
(b)) of title 5, United States Code, are amended by striking out
``Under such regulations as the President may prescribe'', and
inserting in lieu thereof ``Under regulations prescribed under
section 5738 of this title''.
(2) Section 5724 of title 5, United States Code, is amended--
(A) by striking out ``under regulations prescribed by the
President'' each place it appears in subsections (c) and (e)
and inserting in lieu thereof ``under regulations prescribed
under section 5738 of this title''; and
(B) in subsection (f), by striking out ``under the
regulations of the President'' and inserting in lieu thereof
``under regulations prescribed under section 5738 of this
title''.
(3) Section 5726(a) of title 5, United States Code, is amended
by striking out ``as the President may by regulation authorize''
and inserting in lieu thereof ``as authorized under regulations
prescribed under section 5738 of this title''.
(4) Section 5731(a) of title 5, United States Code, is amended
by striking out ``in accordance with regulations prescribed by the
President'' and inserting in lieu thereof ``in accordance with
regulations prescribed under section 5738 of this title''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 57 of title 5, United States Code, as amended by section 1605,
is further amended--
(1) by inserting after the item relating to section 5736 the
following:
``5737. Relocation expenses of an employee who is performing an extended
assignment.
``5738. Regulations.'';
and
(2) by inserting at the end the following:
``5756. Home marketing incentive payment.''.
SEC. 1724. ASSESSMENT OF COST SAVINGS.
No later than one year after the effective date set forth in
section 1725(a), the Comptroller General shall submit to the Committee
on Governmental Affairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives an assessment of
the costs of Federal travel administration that are saved as a result
of the amendments made by this title and the regulations prescribed to
carry out the amendments.
SEC. 1725. EFFECTIVE DATE AND ISSUANCE OF REGULATIONS.
(a) Effective Date.--The amendments made by this title shall take
effect 180 days after the date of the enactment of this Act.
(b) Regulations.--The Administrator of General Services shall, not
later than the effective date set forth under subsection (a), issue
final regulations implementing the amendments made by this title.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
SEC. 1801. 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. 1802. 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 of Delaware and
subject to the laws of that State.
SEC. 1803. 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. 1804. SERVICE OF PROCESS.
With respect to service of process, the association shall comply
with the laws of the State of Delaware and those States in which it
carries on its activities in furtherance of its corporate purposes.
SEC. 1805. MEMBERSHIP.
Except as provided in section 1808(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. 1806. BOARD OF DIRECTORS.
Except as provided in section 1808(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 of Delaware.
SEC. 1807. OFFICERS.
Except as provided in section 1808(g), the positions of officers of
the association and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the State of Delaware.
SEC. 1808. 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 dividends.
(d) Disclaimer of Congressional or 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 of Delaware.
(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. 1809. 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. 1810. 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. 1811. 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. 1812. 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 1811. The annual report shall not be printed as a public
document.
SEC. 1813. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this title is expressly
reserved to Congress.
SEC. 1814. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the association fails to maintain its status as an organization
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this title shall terminate.
SEC. 1815. TERMINATION.
The charter granted in this title shall expire if the association
fails to comply with any of the provisions of this title.
SEC. 1816. DEFINITION OF STATE.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and the territories and possessions of
the United States.
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.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
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), and, in
the case of the projects described in paragraphs (2) and (3) of section
2104(b), other amounts appropriated pursuant to authorizations enacted
after this Act for the projects, 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................... Army project, Naval
Weapons Station, Concord $27,000,000
Camp Roberts............. $5,500,000
Colorado..................... Fort Carson.............. $17,550,000
District of Columbia......... Fort McNair.............. $6,900,000
Georgia...................... Fort Benning............. $53,400,000
Fort McPherson........... $3,500,000
Fort Stewart, Hunter Army $6,000,000
Air Field.
Hawaii....................... Schofield Barracks....... $16,500,000
Kansas....................... Fort Riley............... $26,000,000
Kentucky..................... Fort Campbell............ $51,100,000
Fort Knox................ $45,000,000
New Jersey................... Picatinny Arsenal........ $5,000,000
New Mexico................... White Sands Missile Range $41,000,000
New York..................... Fort Drum................ $11,400,000
North Carolina............... Fort Bragg............... $14,000,000
Texas........................ Fort Hood................ $47,300,000
Fort Sam Houston......... $3,100,000
Virginia..................... Fort Eustis.............. $3,550,000
National Ground
Intelligence Center,
Charlottesville......... $1,000,000
Washington................... Fort Lewis............... $54,600,000
CONUS Classified............. Classified Locations..... $4,600,000
---------------
Total:............... $447,250,000
------------------------------------------------------------------------
(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........................ Lincoln Village, $7,300,000
Darmstadt.
Spinelli 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
---------------
Total:............. $121,800,000
------------------------------------------------------------------------
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
Pennsylvania............................ Tobyhanna Army Depot...... 200 Units................. $890,000
Texas................................... Fort Bliss................ 64 Units.................. $11,000,000
Fort Hood................. 140 Units................. $18,500,000
---------------
Total:................ $50,190,000
----------------------------------------------------------------------------------------------------------------
(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 designactivities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,963,000.
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
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $105,350,000.
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 $1,942,557,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $394,250,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $121,800,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$5,000,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$50,538,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$158,503,000.
(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--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $31,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the National Range Control
Center at White Sands Missile Range, New Mexico); and
(3) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the whole barracks complex renewal at Fort
Knox, Kentucky).
SEC. 2105. LAND ACQUISITION, NATIONAL GROUND INTELLIGENCE CENTER,
CHARLOTTESVILLE, VIRGINIA.
(a) Acquisition Authorized.--Subject to subsection (b), the
Secretary of the Army may acquire real property for the National Ground
Intelligence Center, Charlottesville, Virginia.
(b) Requirement Relating to Acquisition.--The Secretary may not
acquire real property pursuant to the authorization in subsection (a)
until the Secretary certifies to the congressional defense committees,
based on the results of an assessment of property currently owned or
operated by the Federal Government in the vicinity of Charlottesville,
Virginia, that the acquisition of the property would provide the most
cost-effective means of securing a location for the National Ground
Intelligence Center that satisfies the mission requirements of the
center.
(c) Funding.--Of the amounts authorized to be appropriated by
section 2104(a)(1), $1,000,000 shall be available for the acquisition
of real property pursuant to the authorization in subsection (a).
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. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
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 2204(a)(1), and, in
the case of the projects described in paragraphs (2) and (3) of section
2204(b), other amounts appropriated pursuant to authorizations enacted
after this Act for the projects, 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
Combat Center,
Twentynine Palms...... $4,020,000
Marine Corps Air
Station, Camp
Pendleton............. $6,240,000
Marine Corps Base, Camp
Pendleton............. $51,630,000
Marine Corps Recruit
Detachment, San Diego. $8,150,000
Naval Air Station, $86,502,000
North Island.
Naval Command Control &
Ocean Surveillance
Center, San Diego..... $1,960,000
Naval Facility, San $17,000,000
Clemente Island.
Naval Station, San $7,050,000
Diego.
Connecticut.................... Naval Submarine Base, $13,830,000
New London.
District of Columbia........... Naval District, $19,300,000
Washington.
Florida........................ Naval Air Station, Key $2,250,000
West.
Naval Station, Mayport. $2,800,000
Georgia........................ Naval Submarine Base, $1,550,000
Kings Bay.
Hawaii......................... Marine Corps, Air $20,080,000
Station, Kaneohe Bay.
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 Hospital, Great $15,200,000
Lakes.
Naval Training Center, $22,900,000
Great Lakes.
Indiana........................ Naval Surface Warfare $5,000,000
Center, Crane.
Maryland....................... Naval Air Warfare
Center, Patuxent River $1,270,000
United States Naval $10,480,000
Academy.
Mississippi.................... Navy Project, Stennis $7,960,000
Space Center.
Nevada......................... Naval Air Station, $21,630,000
Fallon.
North Carolina................. Marine Corps Air $1,630,000
Station, Cherry Point.
Marine Corps Air $20,290,000
Station, New River.
Marine Corps Base, Camp $20,750,000
Lejeune.
Pennsylvania................... Philadelphia Naval $8,300,000
Shipyard.
South Carolina................. Marine Corps Recruit
Depot, Parris Island.. $2,540,000
Texas.......................... Naval Air Station, $1,810,000
Kingsville.
Naval Station, $16,850,000
Ingleside.
Virginia....................... Armed Forces Staff
College, Norfolk...... $12,900,000
Marine Corps Combat
Development Command,
Quantico.............. $14,570,000
Naval Station, Norfolk. $56,120,000
Naval Surface Warfare $8,030,000
Center, Dahlgren.
Washington..................... Naval Station, Everett. $25,740,000
Naval Undersea Warfare
Center, Keyport....... $6,800,000
CONUS Various.................. Defense access roads... $300,000
---------------
Total:............. $589,992,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), and, in
the case of the project described in section 2204(b)(4), other amounts
appropriated pursuant to authorizations enacted after this Act for the
project, 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
Communications Center,
St. Mawgan............ $4,700,000
---------------
Total:............. $65,650,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(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,
Yuma..................... Ancillary Facility........ $709,000
California.............................. Marine Corps Air-Ground
Combat Center, Twentynine
Palms.................... Ancillary Facilities...... $2,938,000
Marine Corps Base, Camp
Pendleton................ 202 Units................. $29,483,000
Naval Air Station, Lemoore 276 Units................. $39,837,000
Navy Public Works Center,
San Diego................ 366 Units................. $48,719,000
Florida................................. Naval Station, Mayport.... 100 Units................. $10,000,000
Hawaii.................................. Marine Corps Air Station,
Kaneohe Bay.............. 54 Units.................. $11,676,000
Navy Public Works Center,
Pearl Harbor............. 264 Units................. $52,586,000
Maine................................... Naval Air Station
Brunswick................ 92 Units.................. $10,925,000
Maryland................................ Naval Air Warfare Center,
Patuxent River........... Ancillary Facility........ $1,233,000
North Carolina.......................... Marine Corps Base, Camp
Lejeune.................. Ancillary Facility........ $845,000
Marine Corps Base, Camp
Lejeune.................. 94 Units.................. $10,110,000
South Carolina.......................... Marine Corps Air Station,
Beaufort................. 140 Units................. $14,000,000
Texas................................... Corpus Christi Naval
Complex.................. 104 Units................. $11,675,000
Naval Air Station,
Kingsville............... 48 Units.................. $7,550,000
Virginia................................ AEGIS Combat Systems
Center, Wallops Island... 20 Units.................. $2,975,000
Naval Security Group
Activity, Northwest...... Ancillary Facility........ $741,000
Washington.............................. Naval Station, Everett.... 100 Units................. $15,015,000
Naval Submarine Base,
Bangor................... Ancillary Facility........ $934,000
---------------
Total:................ $281,951,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(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 $22,552,000.
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 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $205,383,000.
SEC. 2204. 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 $2,213,731,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $579,312,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $51,550,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $5,115,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$49,927,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$499,886,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$1,014,241,000.
(6) For the construction of a bachelor enlisted quarters at the
Naval Construction Battalion Center, Port Hueneme, California,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law
104-106; 110 Stat. 525), $7,700,000.
(7) For the construction of a Strategic Maritime Research
Center at the Naval War College, Newport, Rhode Island, authorized
by section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat.
3031), $8,000,000.
(8) For the construction of the large anachoic chamber facility
at the Patuxent River Naval Warfare Center, Aircraft Division,
Maryland, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2590), $10,000,000.
(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--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $5,200,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelors enlisted
quarters at Naval Hospital, Great Lakes, Illinois);
(3) $5,480,000 (the balance of the amount authorized under
section 2201(a) for the construction of a chiller system upgrade at
the United States Naval Academy, Maryland); and
(4) $14,100,000 (the balance of the amount authorized under
section 2201(b) for the construction of a bachelor enlisted
quarters at Naval Station, Roosevelt Roads, Puerto Rico).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (8) 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.
SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION, NORTH ISLAND,
CALIFORNIA.
(a) Cost-Sharing Agreement.--With regard to the portion of the
military construction project for Naval Air Station, North Island,
California, authorized by section 2201(a) and involving on-shore and
near-shore beach replenishment, the Secretary of the Navy shall enter
into an agreement with the State of California and local governments in
the vicinity of the project, under which the State and local
governments agree to cover not less than 50 percent of the cost
incurred by the Secretary to carry out the beach replenishment portion
of the project. Within amounts appropriated for the project, Federal
expenditures may not exceed $9,630,000 for beach replenishment.
(b) Activities Pending Agreement.--The Secretary shall not delay
commencement of, or activities under, the construction project
described in subsection (a), including the beach replenishment portion
of the project, pending the execution of the cost-sharing agreement.
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.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
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......................... Elmendorf Air Force $21,530,000
Base.
Eielson Air Force Base. $3,900,000
King Salmon Air Force $5,700,000
Base.
Arizona........................ Davis-Monthan Air Force $9,920,000
Base.
Luke Air Force Base.... $6,700,000
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. $2,595,000
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 $19,130,000
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........................ Malstrom Air Force Base $6,300,000
Nevada......................... Indian Springs Air
Force Auxiliary Air
Field................. $4,690,000
Nellis Air Force Base.. $9,900,000
New Mexico..................... Cannon Air Force Base.. $7,100,000
Kirtland Air Force Base $10,000,000
New Jersey..................... McGuire Air Force Base. $8,080,000
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 $37,410,000
Base.
Shaw Air Force Base.... $14,465,000
South Dakota................... Ellsworth Air Force $4,150,000
Base.
Tennessee...................... Arnold Engineering
Development Center.... $12,481,000
Texas.......................... Brooks Air Force Base.. $5,400,000
Dyess Air Force Base... $12,295,000
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
Wyoming........................ F.E. Warren Air Force $3,700,000
Base.
---------------
Total:............. $603,834,000
------------------------------------------------------------------------
(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........ $10,060,000
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
Eielson Air Force Base.... Ancillary Facility........ $2,950,000
California.............................. Beale Air Force Base...... 56 Units.................. $8,893,000
Los Angeles Air Force Base 25 Units.................. $6,425,000
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.... Ancillary Facility........ $2,430,000
Tyndall Air Force Base.... 42 Units.................. $6,000,000
Georgia................................. Robins Air Force Base..... 46 Units.................. $5,252,000
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................................. Malstrom Air Force Base... 98 Units.................. $15,688,000
Nevada.................................. Nellis Air Force Base..... 50 Units.................. $7,955,000
New Mexico.............................. Kirtland Air Force Base... 50 Units.................. $5,450,000
North Dakota............................ Grand Forks Air Force Base 66 Units.................. $7,784,000
Minot Air Force Base...... 46 Units.................. $8,740,000
Texas................................... Lackland Air Force Base... 82 Units.................. $11,500,000
Lackland Air Force Base... Ancillary Facility........ $800,000
Washington.............................. McChord Air Force Base.... 50 Units.................. $5,659,000
---------------
Total:................ $184,516,000
----------------------------------------------------------------------------------------------------------------
(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 $9,590,000.
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
$123,650,000.
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
$1,894,594,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $603,834,000.
(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, $9,328,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$50,687,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$317,756,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $829,474,000.
(6) For the construction of a corrosion control facility at
Tinker Air Force Base, Oklahoma, authorized by section 2301(a) of
the Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 530), $5,400,000.
(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).
SEC. 2305. ELIMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1995
PROJECT, SPANGDAHLEM AIR FORCE BASE, GERMANY.
(a) Elimination of Project.--The table in section 2301(b) of the
Military Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3037) is amended in the item
relating to Spangdahlem Air Base, Germany, by striking out
``$9,473,000'' in the amount column and inserting in lieu thereof
``$7,373,000'', such reduction corresponding to the project to upgrade
the sewage and storm water system at the installation.
(b) Conforming Amendment to Authorization of Appropriations.--
Section 2304(a) of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3038) is
amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,601,602,000'' and inserting in lieu thereof
``$1,599,502,000''; and
(2) in paragraph (2), by striking out ``$38,273,000'' and
inserting in lieu thereof ``$36,173,000''.
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.
Sec. 2407. Reduction in amounts authorized to be appropriated for fiscal
year 1996 Defense Agencies military construction, land acquisition, and
military family housing functions.
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), and, in
the case of the projects described in paragraphs (2) and (3) of section
2406(b), other amounts appropriated pursuant to authorizations enacted
after this Act for the projects, 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 Demilitarization
Program....................... Pueblo Chemical
Activity, Colorado.... $179,000,000
Defense Finance & Accounting
Service....................... Charleston, South
Carolina.............. $6,200,000
Fort Sill, Oklahoma.... $12,864,000
Gentile Air Force
Station, Ohio......... $11,400,000
Griffiss Air Force
Base, New York........ $10,200,000
Loring Air Force Base,
Maine................. $6,900,000
Naval Training Center,
Orlando, Florida...... $2,600,000
Norton Air Force Base,
California............ $13,800,000
Offutt Air Force Base,
Nebraska.............. $7,000,000
Rock Island Arsenal,
Illinois.............. $14,400,000
Defense Intelligence Agency.... Bolling Air Force Base,
District of Columbia.. $6,790,000
Defense Logistics Agency....... Altus Air Force Base,
Oklahoma.............. $3,200,000
Andrews Air Force Base,
Maryland.............. $12,100,000
Barksdale Air Force
Base, Louisiana....... $4,300,000
Defense Construction
Supply Center,
Columbus, Ohio........ $600,000
Defense Distribution,
San Diego, California. $15,700,000
Elmendorf Air Force
Base, Alaska.......... $21,000,000
McConnell Air Force
Base, Kansas.......... $2,200,000
Naval Air Facility, El
Centro, California.... $5,700,000
Naval Air Station,
Fallon, Nevada........ $2,100,000
Naval Air Station,
Oceana, Virginia...... $1,500,000
Shaw Air Force Base,
South Carolina........ $2,900,000
Travis Air Force Base,
California............ $15,200,000
Defense Medical Facility Office Andrews Air Force Base,
Maryland.............. $15,500,000
Charleston Air Force
Base, South Carolina.. $1,800,000
Fort Bliss, Texas...... $6,600,000
Fort Bragg, North
Carolina.............. $11,400,000
Fort Hood, Texas....... $1,950,000
Marine Corps Base, Camp
Pendleton, California. $3,300,000
Maxwell Air Force Base,
Alabama............... $25,000,000
Naval Air Station, Key
West, Florida......... $15,200,000
Naval Air Station,
Norfolk, Virginia..... $1,250,000
Naval Air Station,
Lemoore, California... $38,000,000
Special Operations Command..... Fort Bragg, North
Carolina.............. $14,000,000
Fort Campbell, Kentucky $4,200,000
MacDill Air Force Base,
Florida............... $9,600,000
Naval Amphibious Base,
Coronado, California.. $7,700,000
Naval Station, Ford
Island, Pearl Harbor,
Hawaii................ $12,800,000
---------------
Total:............. $525,454,000
------------------------------------------------------------------------
(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....... Moron Air Base, Spain.. $12,958,000
Naval Air Station,
Sigonella, Italy...... $6,100,000
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)(14)(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)(14)(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.--(1) Of the amount authorized to be appropriated pursuant to
section 2406(a)(14)(C), $25,000,000 shall be available for credit to
the Department of Defense Family Housing Improvement Fund established
by section 2883(a)(1) of title 10, United States Code.
(2) Of the amount authorized to be appropriated pursuant to section
2406(a)(14)(D), $5,000,000 shall be available for credit to the
Department of Defense Military Unaccompanied Housing Improvement Fund
established by section 2883(a)(2) of such title.
(b) Use of Funds.--(1) The Secretary of Defense may use funds
credited to the Department of Defense Family Housing Improvement Fund
under subsection (a)(1) to carry outany activities authorized by
subchapter IV of chapter 169 of such title with respect to military
family housing.
(2) The Secretary of Defense may use funds credited to the
Department of Defense Military Unaccompanied Housing Improvement Fund
under subsection (a)(2) to carry out any activities authorized by
subchapter IV of chapter 169 of such title 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 $3,379,703,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $344,854,000.
(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), $72,000,000.
(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 the 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,
$4,500,000.
(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, $12,239,000.
(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 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)(1) of this
Act, $25,000,000.
(D) For credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund as authorized by section
2404(a)(2) of this Act, $5,000,000.
(E) 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) $179,000,000 (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).
SEC. 2407. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR
FISCAL YEAR 1996 DEFENSE AGENCIES MILITARY CONSTRUCTION, LAND
ACQUISITION, AND MILITARY FAMILY HOUSING FUNCTIONS.
Section 2405 of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 537) is
amended by adding at the end the following new subsection:
``(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by $7,000,000, which represents the combination of project savings
resulting from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.''.
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. 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.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization and funding for construction and improvement of
Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
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,
$59,194,000; and
(B) for the Army Reserve, $55,543,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $32,779,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$188,505,000; and
(B) for the Air Force Reserve, $52,805,000.
SEC. 2602. AUTHORIZATION AND FUNDING FOR CONSTRUCTION AND IMPROVEMENT
OF NAVAL RESERVE CENTERS.
(a) Army Reserve Centers.--Using amounts appropriated under the
heading ``Military Construction, Naval Reserve'' in the Military
Construction Appropriations Act, 1995 (Public Law 103-307; 108 Stat.
1661), for the construction of a Naval Reserve Center in Seattle,
Washington, the Secretary of the Army may carry out a military
construction project for the construction of an Army Reserve Center at
Fort Lawton, Washington, in the total amount of $5,200,000, of which
$700,000 may be used for program and design activities relating to such
construction.
(b) Naval Reserve Facilities.--Using amounts appropriated under the
heading ``Military Construction, Naval Reserve'' in the Military
Construction Appropriations Act, 1995 (Public Law 103-307; 108 Stat.
1661), for the construction of a Naval Reserve Center in Seattle,
Washington, the Secretary of the Navy may carry out--
(1) a military construction project for the construction of an
addition to the Naval Reserve Center in Tacoma, Washington, in the
total amount of $4,200,000;
(2) unspecified minor construction at Naval Reserve facilities
in the total amount of $500,000; and
(3) planning and design activities with respect to improvements
at Naval Reserve facilities in the total amount of $500,000.
SEC. 2603. UPGRADE AIR NATIONAL GUARD FACILITIES, BANGOR INTERNATIONAL
AIRPORT, MAINE.
(a) Project Authorized.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2601(3)(A) and amounts
appropriated pursuant to authorizations of appropriations enacted after
the date of the enactment of this Act, the Secretary of the Air Force
may carry out a construction project to upgrade Air National Guard base
and support facilities at Bangor International Airport, Maine. The
Secretary may contract for architectural and engineering services and
construction design services in connection with the construction
project.
(b) Limitation on Total Cost of Project.--The total cost of the
construction project authorized by subsection (a) may not exceed
$13,000,000.
(c) Fiscal Year 1997 Funding.--Of the amount authorized to be
appropriated in section 2601(3)(A), $7,000,000 shall be available to
carry out the construction project authorized by subsection (a).
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. Effective date.
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 Facility..... $4,400,000
North Carolina.......................... Fort Bragg................ Land Acquisition.......... $15,000,000
Wisconsin............................... Fort McCoy................ Family Housing
Construction (16 units).. $2,950,000
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or location Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton Marine
Corps Base............... Sewage Facility........... $7,930,000
Connecticut............................. New London Naval Submarine
Base..................... Hazardous Waste Transfer
Facility................. $1,450,000
New Jersey.............................. Earle Naval Weapons
Station.................. Explosives Holding Yard... $1,290,000
Virginia................................ Oceana Naval Air Station.. Jet Engine Test Cell
Replacement.............. $5,300,000
Various Locations....................... Various Locations......... Land Acquisition Inside
the United States........ $540,000
Various Locations....................... Various Locations......... Land Acquisition Outside
the United States........ $800,000
----------------------------------------------------------------------------------------------------------------
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.................... Organizational Maintenance
Shop..................... $553,000
Marana.................... Dormitory/Dining Facility. $2,919,000
California.............................. Fresno.................... Organizational Maintenance
Shop Modification........ $905,000
Van Nuys.................. Armory Addition........... $6,518,000
New Mexico.............................. White Sands Missile Range. Organizational Maintenance
Shop..................... $2,940,000
Tactical Site............. $1,995,000
MATES..................... $3,570,000
Pennsylvania............................ Indiantown Gap............ State Military Building... $9,200,000
Johnstown................. Armory Addition/Flight
Facility................. $5,004,000
Johnstown................. Armory.................... $3,000,000
South Carolina.......................... Summerville............... Organizational Maintenance
Shop..................... $834,000
----------------------------------------------------------------------------------------------------------------
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 1601 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 Support
Facility................. $15,000,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................ Lajes Field............... Water Wells............... $865,000
----------------------------------------------------------------------------------------------------------------
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
New Mexico.............................. Clayton................... Armory.................... $1,400,000
----------------------------------------------------------------------------------------------------------------
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 2201
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 Support
Facility................. $3,600,000
Umatilla Army Depot....... Ammunition
Demilitarization
Utilities................ $7,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2705. 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.
Sec. 2802. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and unaccompanied
housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center, Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of reserve center, Naval Air
Station, Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air Reserve Station,
Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center, Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
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. 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 new item:
``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''.
SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.
(a) Authorized Improvements.--Subsection (a)(2) of section 2825 of
title 10, United States Code, is amended--
(1) by inserting ``major'' before ``maintenance''; and
(2) by adding at the end the following: ``Such term does not
include day-to-day maintenance and repair work.''.
(b) Limitation.--Subsection (b) of such section is amended by
striking out paragraph (2) and inserting in lieu thereof the following
new paragraph:
``(2) In determining the applicability of the limitation contained
in paragraph (1), the Secretary concerned shall include as part of the
cost of the improvement of the unit or units concerned the following:
``(A) The cost of major maintenance or repair work undertaken
in connection with the improvement.
``(B) Any cost, other than the cost of activities undertaken
beyond a distance of five feet from the unit or units concerned, in
connection with--
``(i) the furnishing of electricity, gas, water, and sewage
disposal;
``(ii) the construction or repair of roads, drives, and
walks; and
``(iii) grading and drainage work.''.
SEC. 2804. AVAILABILITY OF FUNDS FOR PLANNING, EXECUTION, AND
ADMINISTRATION OF CONTRACTS FOR FAMILY HOUSING AND UNACCOMPANIED
HOUSING.
(a) Contracts for Family Housing.--Paragraph (1) of section 2883(d)
of title 10, United States Code, is amended by adding at the end the
following: ``The Secretary may also use for expenses of activities
required in connection with the planning, execution, and administration
of such contracts funds that are otherwise available to the Department
of Defense for such types of expenses.''.
(b) Contracts for Unaccompanied Housing.--Paragraph (2) of such
section is amended by adding at the end the following: ``The Secretary
may also use for expenses of activities required in connection with the
planning, execution, and administration of such contracts funds that
are otherwise available to the Department of Defense for such types of
expenses.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN INTRA- GOVERNMENT
TRANSFERS UNDER 1988 BASE CLOSURE LAW.
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 of Defense 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.''.
SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FACILITIES REMAINING ON
CLOSED INSTALLATIONS.
(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''.
SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MANUFACTURED HOUSING.
(a) 1988 Law.--Section 204 of the Defense Authorization Amendments
and Base Closure and Realignment Act (PublicLaw 100-526; 10 U.S.C. 2687
note), is amended by adding at the end the following new subsection:
``(f) Acquisition of Manufactured Housing.--(1) In closing or
realigning any military installation under this title, the Secretary
may purchase any or all right, title, and interest of a member of the
Armed Forces and any spouse of the member in manufactured housing
located at a manufactured housing park established at an installation
closed or realigned under this title, or make a payment to the member
to relocate the manufactured housing to a suitable new site, if the
Secretary determines that--
``(A) it is in the best interests of the Federal Government to
eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured housing
park would result in an unreasonable financial hardship to the
owners of the manufactured housing.
``(2) Any payment made under this subsection shall not exceed 90
percent of the purchase price of the manufactured housing, as paid by
the member or any spouse of the member, plus the cost of any permanent
improvements subsequently made to the manufactured housing by the
member or spouse of the member.
``(3) The Secretary shall dispose of manufactured housing acquired
under this subsection through resale, donation, trade or otherwise
within one year of acquisition.''.
(b) 1990 Law.--Section 2905 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 adding at the end the following new
subsection:
``(g) Acquisition of Manufactured Housing.--(1) In closing or
realigning any military installation under this part, the Secretary may
purchase any or all right, title, and interest of a member of the Armed
Forces and any spouse of the member in manufactured housing located at
a manufactured housing park established at an installation closed or
realigned under this part, or make a payment to the member to relocate
the manufactured housing to a suitable new site, if the Secretary
determines that--
``(A) it is in the best interests of the Federal Government to
eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured housing
park would result in an unreasonable financial hardship to the
owners of the manufactured housing.
``(2) Any payment made under this subsection shall not exceed 90
percent of the purchase price of the manufactured housing, as paid by
the member or any spouse of the member, plus the cost of any permanent
improvements subsequently made to the manufactured housing by the
member or spouse of the member.
``(3) The Secretary shall dispose of manufactured housing acquired
under this subsection through resale, donation, trade or otherwise
within one year of acquisition.''.
SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUSTMENT AND DIVERSIFICATION
ASSISTANCE IS AUTHORIZED.
Section 2391(b)(5) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order to
assist a State in enhancing its capacities--
``(i) to assist communities, businesses, and workers adversely
affected by an action described in paragraph (1);
``(ii) to support local adjustment and diversification
initiatives; and
``(iii) to stimulate cooperation between statewide and local
adjustment and diversification efforts.''.
SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH LORING AIR FORCE BASE, MAINE.
From amounts in the Department of Defense Base Closure Account 1990
established by section 2906(a)(1) 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), the Secretary of Defense may expend not more than
$50,000 to pay stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) against Loring Air Force Base, Maine.
SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR DISPOSAL OF
MISSISSIPPI ARMY AMMUNITION PLANT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to the congressional
defense committees a plan for the utilization, reutilization, or
disposal of the Mississippi Army Ammunition Plant, Hancock County,
Mississippi.
Subtitle C--Land Conveyances
PART I--ARMY 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.);
(iii) an accounting of the effect of the transfer that
satisfies the requirements of section 106 of the National Historic
Preservation Act (16 U.S.C. 470f); and
(iv) 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, FORT SILL, OKLAHOMA.
(a) Transfer of Land for National Cemetery.--The Secretary of the
Army may transfer, without reimbursement, tothe 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.
(b) Use of Property.--The Secretary of Veterans Affairs shall use
the real property transferred under subsection (a) as a national
cemetery under chapter 24 of title 38, United States Code.
(c) Return of Unused Portion.--If the Secretary of Veterans Affairs
determines that any portion of the real property transferred under
subsection (a) is not needed for use as a national cemetery, the
Secretary shall return such portion to the administrative jurisdiction
of the Secretary of the Army.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Army. The
cost of the survey shall be borne by the Secretary of Veterans Affairs.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER, RUSHVILLE, INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Rushville, Indiana (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of excess real property, including
improvements thereon, that is located in Rushville, Indiana, and
contains the Rushville Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City retain
the conveyed property for the use and benefit of the Rushville Police
Department.
(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 Secretary. The cost
of the survey shall be borne by the City.
(d) 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. 2824. LAND CONVEYANCE, ARMY RESERVE CENTER, ANDERSON, SOUTH
CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the County of Anderson, South Carolina (in
this section referred to as the ``County''), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 805 East Whitner
Street in Anderson, South Carolina, and contains an Army Reserve
Center.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the County retain
the conveyed property for the use and benefit of the Anderson County
Department of Education.
(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 Secretary. The cost
of the survey shall be borne by the County.
(d) 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. 2825. LAND CONVEYANCE, ARMY RESERVE CENTER, MONTPELIER, VERMONT.
(a) Conveyance Authorized.--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) 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.
(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 Secretary. The cost
of the survey shall be borne by the City.
(d) 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. 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. 2827. 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 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. 2828. 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).
PART II--NAVY CONVEYANCES
SEC. 2831. LAND TRANSFER, POTOMAC ANNEX, DISTRICT OF COLUMBIA.
(a) Transfer Authorized.--The Secretary of the Navy may 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. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK NAVAL SHIPYARD,
VIRGINIA.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey to such private person as the Secretary considers appropriate
(in this section referred to as the ``transferee'') all right, title,
and interest of the United States in and to a parcel of real property
that is located at the Norfolk Naval Shipyard, Virginia, and, as of the
date of the enactment of this Act, is a portion of the property leased
to the Norfolk Shipbuilding and Drydock Company pursuant to the
Department of the Navy lease N00024-84-L-0004, effective October 1,
1984, as extended.
(2) Pending completion of the conveyance authorized by paragraph
(1), the Secretary may lease the real property to the transferee upon
such terms as the Secretary considers appropriate.
(b) Consideration.--As consideration for the conveyance under
subsection (a), including any interim lease authorized by such
subsection, the transferee shall--
(1) convey to the United States all right, title, and interest
to a parcel or parcels of real property, together with any
improvements thereon, located in the area of Portsmouth, Virginia,
which are determined to be acceptable to the Secretary; and
(2) pay to the Secretary an amount equal to the amount, if any,
by which the fair market value of the parcel conveyed by the
Secretary under subsection (a) exceeds the fair market value of the
parcel conveyed to the United States under paragraph (1).
(c) Use of Rental Amounts.--The Secretary may use the amounts
received as rent from any lease entered into under the authority of
subsection (a)(2) to fund environmental studies of the parcels of real
property to be conveyed under this section.
(d) In-Kind Consideration.--The Secretary and the transferee may
agree that, in lieu of all or any part of the consideration required by
subsection (b)(2), the transferee may provide and the Secretary may
accept the improvement, maintenance, protection, repair, or restoration
of real property under the control of the Secretary in the area of
Hampton Roads, Virginia.
(e) Determination of Fair Market Value and Property Description.--
The Secretary shall determine the fair market value of the parcels of
real property to be conveyed under subsections (a) and (b)(1). The
exact acreage and legal description of the parcels shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the transferee.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, CALVERTON PINE BARRENS, NAVAL WEAPONS
INDUSTRIAL RESERVE PLANT, CALVERTON, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the Department of Environmental Conservation
of the State of New York (in this section referred to as the
``Department''), all right, title, and interest of the United States in
and to the Calverton Pine Barrens located at the Naval Weapons
Industrial Reserve Plant, Calverton, New York.
(b) Effect on Other Conveyance Authority.--The conveyance
authorized by this subsection shall not affect the transfer of
jurisdiction of a portion of the Calverton Pine Barrens authorized by
section 2865 of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104-106; 110 Stat. 576).
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Department agrees--
(1) to maintain the conveyed property as a nature preserve, as
required by section 2854 of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2626), as amended by section 2823 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3058);
(2) to designate the conveyed property as the ``Otis G. Pike
Preserve''; and
(3) to continue to allow the level of sporting activities on
the conveyed property as permitted at the time of the conveyance.
(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 Department.
(e) 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.
(f) Calverton Pine Barrens Defined.--In this section, the term
``Calverton Pine Barrens'' has the meaning given that term in section
2854(d)(1) of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2626).
SEC. 2834. LAND CONVEYANCE, FORMER NAVAL RESERVE FACILITY, LEWES,
DELAWARE.
(a) Conveyance Authorized.--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) 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.
(c) Reversion.--If the Secretary of the Navy 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.
(d) 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.
(e) 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. 2835. MODIFICATION OF LAND CONVEYANCE AUTHORITY, NAVAL RESERVE
CENTER, SEATTLE, WASHINGTON.
Paragraph (2) of section 127(d) of the Military Construction
Appropriations Act, 1995 (Public Law 103-307; 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 of 1969 (42 U.S.C. 4321 et seq.) with respect
to such facility.''.
SEC. 2836. RELEASE OF CONDITION ON RECONVEYANCE OF TRANSFERRED LAND,
GUAM.
(a) In General.--Section 818(b)(2) of the Military Construction
Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1782), relating to
a condition on disposal by Guam of lands conveyed to Guam by the United
States, shall have no force or effect and is repealed.
(b) Execution of Instruments.--The Secretary of the Navy and the
Administrator of General Services shall execute all instruments
necessary to implement this section.
SEC. 2837. LEASE TO FACILITATE CONSTRUCTION OF RESERVE CENTER, NAVAL
AIR STATION, MERIDIAN, MISSISSIPPI.
(a) Lease of Property for Construction of Reserve Center.--(1) The
Secretary of the Navy may lease, without reimbursement, to the State of
Mississippi (in this section referred to as the ``State''),
approximately five acres of real property located at Naval Air Station,
Meridian, Mississippi. The State shall use the property to construct a
reserve center of approximately 22,000 square feet and ancillary
supporting facilities.
(2) The term of the lease under this subsection shall expire on the
same date that the lease authorized by subsection (b) expires.
(b) Leaseback of Reserve Center.--(1) The Secretary may lease from
the State the property and improvements constructed pursuant to
subsection (a) for a five-year period. The term of the lease shall
begin on the date on which the improvements are available for
occupancy, as determined by the Secretary.
(2) Rental payments under the lease under paragraph (1) may not
exceed $200,000 per year, and the total amount of the rental payments
for the entire period may not exceed 20 percent of the total cost of
constructing the reserve center and ancillary supporting facilities.
(3) Subject to the availability of appropriations for this purpose,
the Secretary may use funds appropriated pursuant to an authorization
of appropriations for the operation and maintenance of the Naval
Reserve to make rental payments required under this subsection.
(c) Effect of Termination of Leases.--At the end of the lease term
under subsection (b), the State shall convey, without reimbursement, to
the United States all right, title, and interest of the State in the
reserve center and ancillary supporting facilities subject to the
lease.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the leases
under this section as the Secretary considers appropriate to protect
the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE FOURCHE,
SOUTH DAKOTA.
(a) Conveyance Authorized.--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 located in Belle Fourche, South
Dakota. The conveyance may not include any portion of the radar bomb
scoring site located in the State of Wyoming.
(b) 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 such
subsection for education, economic development, and 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.
(c) 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.
(d) 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. 2842. CONVEYANCE OF PRIMATE RESEARCH COMPLEX AND AIR FORCE-OWNED
CHIMPANZEES, HOLLOMAN AIR FORCE BASE, NEW MEXICO.
(a) Disposal 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 dispose of all right, title, and interest of the
United States in and to the primate research complex at Holloman Air
Force Base, New Mexico. The disposal may include the chimpanzees owned
by the Air Force that are housed at or managed from the primate
research complex. The disposal shall not include the underlying real
property on which the primate research complex is located. The disposal
of the primate research complex shall be at no cost to the Air Force.
(b) Competitive, Negotiated Disposal Process Required.--The
Secretary shall select the persons or entities to which the primate
research complex and chimpanzees are to be disposed of under subsection
(a) using a competitive, negotiated process.
(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 the chimpanzees, to be used in soliciting bids for the
disposal 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 Disposal.--The disposal authorized by subsection
(a) shall be subject to the followings conditions:
(1) That a recipient of any chimpanzees--
(A) utilize such chimpanzees only for scientific research
or medical research purposes; or
(B) retire and provide adequate care for such chimpanzees.
(2) That any recipient of chimpanzees, or the primate research
complex, take such chimpanzees, or the primate research complex,
subject to any existing leases or other encumbrances at the time of
the disposal.
(e) Description of Complex and Chimpanzees.--The exact legal
description of the primate research complex and chimpanzees to be
disposed of 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 property concerned.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the disposal
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
PART IV--OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST SITE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of Energy may convey,
without compensation, to the State of Mississippi (in this section
referred to as the ``State'') the property known as the Tatum Salt Dome
Test Site, as generally depicted on the map of the Department of Energy
numbered 301913.104.02 and dated June 25, 1993.
(b) Condition on Conveyance.--The conveyance under this section
shall be subject to the condition that the State use the conveyed
property as a wildlife refuge and working demonstration forest.
(c) Designation.--The property to be conveyed is hereby designated
as the ``Jamie Whitten Forest Management Area''.
(d) Retained Rights.--The conveyance under this section shall be
subject to each of the following rights to be retained by the United
States:
(1) Retention by the United States of subsurface estates below
the property conveyed.
(2) Retention by the United States of rights of access, by
easement or otherwise, for such purposes as the Secretary considers
appropriate, including access to monitoring wells for sampling.
(3) Retention by the United States of the right to install
wells additional to those identified in the remediation plan for
the property to the extent such additional wells are considered
necessary by the Secretary to monitor potential pathways of
contaminant migration. Such wells shall be in such locations as
specified by 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. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING PLANT, ROLLA,
NORTH DAKOTA.
(a) Conveyance Authorized.--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
under the Department of Defense Appropriations Act, 1995 (Public Law
103-335), in fiscal year 1995 for the maintenance of the William Langer
Jewel Bearing Plant shall be available for the maintenance of the plant
pending the conveyance of the plant and for the conveyance of the 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. 2853. LAND CONVEYANCE, AIR FORCE PLANT NO. 85, COLUMBUS, OHIO.
(a) Conveyance Authorized.--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--
(1) 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
(2) is located adjacent to the Port Columbus International
Airport.
(b) Effect of Change in Administrative Jurisdiction.--If, on the
date of the enactment of this Act, the Secretary of the Air Force does
not have administrative jurisdiction over the property to be conveyed,
the conveyance shall be made by the Federal official who has
administrative jurisdiction over the parcel as of that date.
(c) Requirement for Federal Screening.--The Federal official
responsible for making the conveyance authorized in subsection (a) may
not convey the property 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.
(d) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the Authority use
the conveyed property for public airport purposes.
(e) 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 the condition in subsection (d),
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.
(f) 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
responsible for making the conveyance. The cost of the survey shall be
borne by the Authority.
(g) Additional Terms and Conditions.--The Federal official
responsible for 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. 2854. MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL MONUMENT
AND WHITE SANDS MISSILE RANGE.
(a) Transfer of Lands by Secretary of Army.--The Secretary of the
Army may transfer to the administrative jurisdiction of the Secretary
of the Interior the following lands as generally depicted on the map
entitled ``White Sands National Monument, Boundary Proposal'', numbered
142/80,061, and dated January 1994:
(1) Lands consisting of approximately 2,524 acres located
within White Sands National Monument, New Mexico.
(2) Lands consisting of approximately 5,758 acres located
within White Sands Missile Range, New Mexico, and abutting White
Sands National Monument.
(b) Transfer of Lands by Secretary of Interior.--The Secretary of
the Interior may transfer to the administrative jurisdiction of the
Secretary of the Army lands consisting of approximately 4,277 acres
located in White Sands National Monument, which lands are generally
depicted on the map referred to in subsection (a).
(c) Boundary Modifications.--(1) The Secretary of the Army and the
Secretary of the Interior shall jointly modify the boundary of White
Sands National Monument so as to include within the national monument
the lands transferred under subsection (a) and to exclude from the
national monument the lands transferred under subsection (b).
(2) The Secretary of the Army and the Secretary of the Interior
shall jointly modify the boundary of White Sands Missile Range as to
include within the missile range the lands transferred under subsection
(b) and exclude from the missile range the lands transferred under
subsection (a).
(d) Administration of Transferred Lands.--(1) The Secretary of the
Interior shall administer the lands transferred to that Secretary under
subsection (a) in accordance with the laws applicable to the White
Sands National Monument.
(2) The Secretary of the Army shall administer the lands
transferred to that Secretary under subsection (b) as part of White
Sands Missile Range.
(3) The Secretary of the Army shall maintain control of the
airspace above the lands transferred to that Secretary under subsection
(b) and administer that airspace in a mannerconsistent with the use of
such lands as part of White Sands Missile Range.
(e) Public Availability of Map of Monument.--The Secretary of the
Interior and the Secretary of the Army shall jointly prepare, and the
Secretary of the Interior shall keep on file for public inspection in
the headquarters of White Sands National Monument, a map showing the
boundary of White Sands National Monument as modified by this section.
(f) Waiver of Limitation Under Prior Law.--Notwithstanding section
303(b)(1) of the National Parks and Recreation Act of 1978 (Public Law
95-625; 92 Stat. 3476), land or an interest in land that was deleted
from White Sands National Monument by section 301(19) of the Act (92
Stat. 3475) may, at the election of the Secretary of the Interior, be--
(1) 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;
(2) transferred to the jurisdiction of any other Federal agency
without monetary consideration; or
(3) administered as public land.
Subtitle D--Other Matters
SEC. 2861. 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)''.
SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE AGREEMENTS FOR THE
MANAGEMENT OF CULTURAL RESOURCES ON MILITARY INSTALLATIONS.
(a) Agreements Authorized.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2683 the following new
section:
``Sec. 2684. Cooperative agreements for management of cultural
resources
``(a) Authority.--The Secretary of Defense or the Secretary of a
military department may enter into a cooperative agreement with a State
or local government or other entity for the preservation, management,
maintenance, and improvement of cultural resources on military
installations and for the conduct of research regarding the cultural
resources. Activities under the cooperative agreement shall be subject
to the availability of funds to carry out the cooperative agreement.
``(b) Application of Other Laws.--Section 1535 and chapter 63 of
title 31, United States Code, shall not apply to a cooperative
agreement entered into under this section.
``(c) Cultural Resource Defined.--In 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) Cultural items, 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 inserting after the item relating to section
2683 the following new item:
``2684. Cooperative agreements for management of cultural resources.''.
SEC. 2863. 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, consistent with
State law, under which the utility or company 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 Congress 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 30 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,
consistent with State law, as the Secretary and the utility or company
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 shall own the electric power distribution system
installed under the agreement.
(e) Rate.--The rate charged by the utility or company for providing
or distributing electric power at Youngstown Air Reserve Station
through the electric power distribution system installed under the
agreement under subsection (b) shall be the rate established by the
appropriate Federal or State regulatory authority.
(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
Congress 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) Application of Other Law.--Nothing in this section shall
authorize actions which are inconsistent with Federal or State law.
(i) 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. 2864. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such actions as are necessary
to ensure that the total cost of the renovation of the Pentagon
Reservation does not exceed $1,118,000,000.
SEC. 2865. PLAN FOR REPAIRS AND STABILIZATION OF THE HISTORIC DISTRICT
AT THE FOREST GLEN ANNEX OF WALTER REED MEDICAL CENTER, MARYLAND.
Not later than 120 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.
SEC. 2866. NAMING OF RANGE AT CAMP SHELBY, MISSISSIPPI.
(a) Name.--The Multi Purpose Range Complex (Heavy) at Camp Shelby,
Mississippi, shall after the date of the enactment of this Act be known
and designated as the ``G.V. (Sonny) Montgomery Range''. Any reference
to such range in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a reference to the
G. V. (Sonny) Montgomery Range.
(b) Effective Date.--Subsection (a) shall take effect at noon on
January 3, 1997, or the first day on which G. V. (Sonny) Montgomery
otherwise ceases to be a Member of the House of Representatives.
SEC. 2867. DESIGNATION OF MICHAEL O'CALLAGHAN MILITARY HOSPITAL.
(a) Designation.--The Nellis Federal Hospital, a Federal building
located at 4700 North Las Vegas Boulevard, Las Vegas, Nevada, shall be
known and designated as the ``Michael O'Callaghan Military Hospital''.
(b) 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 (a) shall be deemed to be a reference to the
``Michael O'Callaghan Military Hospital''.
SEC. 2868. NAMING OF BUILDING AT THE UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
It is the sense of Congress that the Secretary of Defense should
name Building A at the Uniformed Services University of the Health
Sciences as the ``David Packard Building''.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reservation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
SEC. 2901. SHORT TITLE.
This subtitle may be cited as the ``Fort Carson-Pinon Canyon
Military Lands Withdrawal Act''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON MILITARY
RESERVATION.
(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subtitle, the lands at the Fort Carson
Military Reservation, Colorado, that are described in subsection (c)
are hereby withdrawn from all forms of appropriation under the public
land laws, including the mining laws, the mineral and geothermal
leasing laws, and the mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a) are
reserved for use by the Secretary of the Army--
(1) for military maneuvering, training and weapons firing; and
(2) for other defense related purposes consistent with the uses
specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection (a)
comprise 3,133.02 acres of public land and 11,415.16 acres of
federally-owned minerals in El Paso, Pueblo, and Fremont Counties,
Colorado, as generally depicted on the map entitled ``Fort Carson
Proposed Withdrawal--Fort Carson Base'', dated February 6, 1992, and
published in accordance with section 2904.
SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT PINON CANYON MANEUVER
SITE.
(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this subtitle, the lands at the Pinon Canyon
Maneuver Site, Colorado, that are described in subsection (c) are
hereby withdrawn from all forms of appropriation under the public land
laws, including the mining laws, the mineral and geothermal leasing
laws, and the mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a) are
reserved for use by the Secretary of the Army--
(1) for military maneuvering and training; and
(2) for other defense related purposes consistent with the uses
specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection (a)
comprise 2,517.12 acres of public lands and 130,139 acres of federally-
owned minerals in Las Animas County, Colorado, as generally depicted on
the map entitled ``Fort Carson Proposed Withdrawal--Fort Carson
Maneuver Area--Pinon Canyon site'', dated February 6, 1992, and
published in accordance with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Description.--As soon as
practicable after the date of the enactment of this subtitle, the
Secretary of the Interior shall prepare maps depicting the lands
withdrawn and reserved by this subtitle and publish in the Federal
Register a notice containing the legal description of such lands.
(b) Legal Effect.--Such maps and legal descriptions shall have the
same force and effect as if they were included in this subtitle, except
that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability of Maps and Legal Description.--Copies of such
maps and legal descriptions shall be available for public inspection in
the offices of the Colorado State Director and the Canon City District
Manager of the Bureau of Land Management and in the offices of the
Commander of Fort Carson, Colorado.
(d) Costs.--The Secretary of the Army shall reimburse the Secretary
of the Interior for the costs of implementing this section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Guidelines.--
(1) Management by secretary of the army.--Except as provided in
section 2906, during the period of withdrawal, the Secretary of the
Army shall manage for military pur- poses the lands covered by this
subtitle and may authorize use of the lands by the other military
departments and agencies of the Department of Defense, and the
National Guard, as appropriate.
(2) Access restrictions.--When military operations, public
safety, or national security, as determined by the Secretary of the
Army, require the closure of roads and trails on the lands
withdrawn by this subtitle commonly in public use, the Secretary of
the Army is authorized to take such action, except that such
closures shall be limited to the minimum areas and periods required
for the purposes specified in this subsection. Appropriate warning
notices shall be kept posted during closures.
(3) Suppression of fires.--The Secretary of the Army shall take
necessary precautions to prevent and suppress brush and range fires
occurring within and outside the lands as a result of military
activities and may seek assistance from the Bureau of Land
Management in suppressing such fires. The memorandum of
understanding required by this section shall provide for Bureau of
Land Management assistance in the suppression of such fires, and
for a transfer of funds from the Department of the Army to the
Bureau of Land Management as compensation for such assistance.
(b) Management Plan.--
(1) Development required.--The Secretary of the Army, with the
concurrence of the Secretary of the Interior, shall develop a plan
for the management of acquired lands and lands withdrawn under
sections 2902 and 2903 for the period of withdrawal. The plan
shall--
(A) be consistent with applicable law;
(B) include such provisions as may be necessary for proper
resource management and protection of the natural, cultural,
and other resources and values of such lands; and
(C) identify those withdrawn and acquired lands, if any,
which are to be open to mining or mineral and geothermal
leasing, including mineral materials disposal.
(2) Time for development.--The management plan required by this
subsection shall be developed not later than 5 years after the date
of the enactment of this subtitle.
(c) Implementation of Management Plan.--
(1) Memorandum of understanding required.--The Secretary of the
Army and the Secretary of the Interior shall enter into a
memorandum of understanding toimplement the management plan
developed under subsection (b).
(2) Duration.--The duration of any such memorandum of
understanding shall be the same as the period of withdrawal
specified in section 2908(a).
(3) Amendment.--The memorandum of understanding may be amended
by agreement of both Secretaries.
(d) Use of Certain Resources.--The Secretary of the Army is
authorized to utilize sand, gravel, or similar mineral or mineral
material resources from the lands withdrawn by this subtitle when the
use of such resources is required for construction needs of the Fort
Carson Reservation or Pinon Canyon Maneuver Site.
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES.
Except as provided in section 2905(d), the Secretary of the
Interior shall manage all withdrawn and acquired mineral resources
within the boundaries of the Fort Carson Military Reservation and Pinon
Canyon Maneuver Site in the same manner as provided in section 12 of
the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat.
3466) for mining and mineral leasing on certain lands withdrawn by that
Act from all forms of appropriation under the public land laws.
SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn and
reserved by this subtitle shall be conducted in accordance with section
2671 of title 10, United States Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--The withdrawal and reservation made by this
subtitle shall terminate 15 years after the date of the enactment of
this subtitle.
(b) Determination of Continuing Military Need.--
(1) Determination required.--At least three years before the
termination under subsection (a) of the withdrawal and reservation
established by this subtitle, the Secretary of the Army shall
advise the Secretary of the Interior as to whether or not the
Department of the Army will have a continuing military need for any
of the lands after the termination date.
(2) Method of making determination.--If the Secretary of the
Army concludes under paragraph (1) that there will be a continuing
military need for any of the lands after the termination date
established by subsection (a), the Secretary of the Army, in
accordance with applicable law, shall--
(A) evaluate the environmental effects of renewal of such
withdrawal and reservation;
(B) hold at least one public hearing in Colorado concerning
such evaluation; and
(C) file, after completing the requirements of
subparagraphs (A) and (B), an application for extension of the
withdrawal and reservation of such lands in accordance with the
regulations and procedures of the Department of the Interior
applicable to the extension of withdrawals for military uses.
(3) Notification.--The Secretary of the Interior shall notify
the Congress concerning a filing under paragraph (3)(C).
(c) Early Relinquishment of Withdrawal.--If the Secretary of the
Army concludes under subsection (b) that before the termination date
established by subsection (a) there will be no military need for all or
any part of the lands withdrawn and reserved by this subtitle, or if,
during the period of withdrawal, the Secretary of the Army otherwise
decides to relinquish any or all of the lands withdrawn and reserved
under this subtitle, the Secretary of the Army shall file with the
Secretary of the Interior a notice of intention to relinquish such
lands.
(d) Acceptance of Lands Proposed for Relinquishment.--
Notwithstanding any other provision of law, the Secretary of the
Interior, upon deciding that it is in the public interest to accept
jurisdiction over the lands proposed for relinquishment, may revoke the
withdrawal and reservation established by this subtitle as it applies
to the lands proposed for relinquishment. Should the decision be made
to revoke the withdrawal and reservation, the Secretary of the Interior
shall publish in the Federal Register an appropriate order which
shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over
the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to the
operation of the public land laws, including the mining laws if
appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINATION AND EFFECT OF
CONTAMINATION.
(a) Determination of Presence of Contamination.--
(1) Before relinquishment notice.--Before filing a
relinquishment notice under section 2908(c), the Secretary of the
Army shall prepare a written determination as to whether and to
what extent the lands to be relinquished are contaminated with
explosive, toxic, or other hazardous materials. A copy of the
determination made by the Secretary of the Army shall be supplied
with the relinquishment notice. Copies of both the relinquishment
notice and the determination under this subsection shall be
published in the Federal Register by the Secretary of the Interior.
(2) Upon termination of withdrawal.--At the expiration of the
withdrawal period made by this Act, the Secretary of the Interior
shall determine whether and to what extent the lands withdrawn by
this subtitle are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land laws.
(b) Program of Decontamination.--
(1) In general.--Throughout the duration of the withdrawal and
reservation made by this subtitle, the Secretary of the Army, to
the extent funds are made available, shall maintain a program of
decontamination of the landswithdrawn by this subtitle at least at
the level of effort carried out during fiscal year 1992.
(2) Decontamination of lands to be relinquished.--In the case
of lands subject to a relinquishment notice under section 2908(c)
that are contaminated, the Secretary of the Army shall
decontaminate the land to the extent that funds are appropriated
for such purpose if the Secretary of the Interior, in consultation
with the Secretary of the Army, determines that--
(A) decontamination of the lands is practicable and
economically feasible, taking into consideration the potential
future use and value of the land; and
(B) upon decontamination, the land could be opened to the
operation of some or all of the public land laws, including the
mining laws.
(c) Authority of Secretary of the Interior To Refuse Contaminated
Lands.--The Secretary of the Interior shall not be required to accept
lands proposed for relinquishment if the Secretary of the Army and the
Secretary of the Interior conclude that--
(1) decontamination of any or all of the lands proposed for
relinquishment is not practicable or economically feasible;
(2) the lands cannot be decontaminated sufficiently to allow
them to be opened to the operation of the public land laws; or
(3) insufficient funds are appropriated for the purpose of
decontaminating the lands.
(d) Effect of Continued Contamination.--If the Secretary of the
Interior declines under subsection (c) to accept jurisdiction of lands
proposed for relinquishment or if the Secretary of the Interior
determines under subsection (a)(2) that some of the lands withdrawn by
this subtitle are contaminated to an extent that prevents opening the
contaminated lands to operation of the public land laws--
(1) the Secretary of the Army shall take appropriate steps to
warn the public of the contaminated state of such lands and any
risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary of
the Army shall undertake no activities on such lands except in
connection with decontamination of such lands; and
(3) the Secretary of the Army shall report to the Secretary of
the Interior and to the Congress concerning the status of such
lands and all actions taken under paragraphs (1) and (2).
(e) Effect of Subsequent Decontamination.--If the lands described
in subsection (d) are subsequently decontaminated, upon certification
by the Secretary of the Army that the lands are safe for all
nonmilitary uses, the Secretary of the Interior shall reconsider
accepting jurisdiction over the lands.
(f) Effect on Other Laws.--Nothing in this subtitle shall affect,
or be construed to affect, the obligations of the Secretary of the
Army, if any, to decontaminate lands withdrawn by this subtitle
pursuant to applicable law, including the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2910. DELEGATION.
The functions of the Secretary of the Army under this subtitle may
be delegated. The functions of the Secretary of the Interior under this
subtitle may be delegated, except that the order referred to in section
2908(d) may be approved and signed only by the Secretary of the
Interior, the Deputy Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leasing
activity on lands comprising the Fort Carson Reservation or Pinon
Canyon Maneuver Site shall indemnify the United States against any
costs, fees, damages, or other liabilities (including costs of
litigation) incurred by the United States and arising from or relating
to such mining activities, including costs of mineral materials
disposal, whether arising under the Comprehensive Environmental
Response Compensation and Liability Act of 1980, the Solid Waste
Disposal Act, or otherwise.
SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF 1986.
(a) Use of Certain Resources.--Section 3(f) of the Military Lands
Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3461) is amended
by adding at the end the following new paragraph:
``(2) Subject to valid existing rights, the Secretary of the
military department concerned may utilize sand, gravel, or similar
mineral or material resources when the use of such resources is
required for construction needs on the respective lands withdrawn by
this Act.''.
(b) Technical Correction.--Section 9(b) of the Military Lands
Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3466) is amended
by striking ``section 7(f)'' and inserting in lieu thereof ``section
8(f)''.
SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subtitle.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``El Centro
Naval Air Facility Ranges Withdrawal Act''.
(b) Definitions.--In this subtitle:
(1) The term ``El Centro'' means the Naval Air Facility, El
Centro, California.
(2) The term ``cooperative agreement'' means the cooperative
agreement entered into between the Bureau of Land Management, the
Bureau of Reclamation, and the Department of the Navy, dated June
29, 1987, with regard to the defense-related uses of Federal lands
to further the mission of El Centro.
(3) The term ``relinquishment notice'' means a notice of
intention by the Secretary of the Navy under section 2928(a) to
relinquish, before the termination date specified in section 2925,
the withdrawal and reservation of certain lands withdrawn under
this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR EL CENTRO.
(a) Withdrawals.--Subject to valid existing rights, and except as
otherwise provided in this subtitle, the Federal lands utilized in the
mission of the Naval Air Facility, El Centro, California, that are
described in subsection (c) are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining laws,
but not the mineral leasing or geothermal leasing laws or the mineral
materials sales laws.
(b) Reservation.--The lands withdrawn under subsection (a) are
reserved for the use by the Secretary of the Navy--
(1) for defense-related purposes in accordance with the
cooperative agreement; and
(2) subject to notice to the Secretary of the Interior under
section 2924(e), for other defense-related purposes determined by
the Secretary of the Navy.
(c) Description of Withdrawn Lands.--The lands withdrawn and
reserved under subsection (a) are--
(1) the Federal lands comprising approximately 46,600 acres in
Imperial County, California, as generally depicted in part on a map
entitled ``Exhibit A, Naval Air Facility, El Centro, California,
Land Acquisition Map, Range 2510 (West Mesa)'' and dated March 1993
and in part on a map entitled ``Exhibit B, Naval Air Facility, El
Centro, California, Land Acquisition Map Range 2512 (East Mesa)''
and dated March 1993; and
(2) and all other areas within the boundaries of such lands as
depicted on such maps that may become subject to the operation of
the public land laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirements.--As soon as practicable
after the date of the enactment of this subtitle, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved under this
subtitle; and
(2) file maps and the legal description of the lands withdrawn
and reserved under this subtitle with the Committee on Energy and
Natural Resources of the Senate and with the Committee on Resources
of the House of Representatives.
(b) Legal Effect.--The maps and legal description prepared under
subsection (a) shall have the same force and effect as if they were
included in this subtitle, except that the Secretary of the Interior
may correct clerical and typographical errors in the maps and legal
description.
(c) Availability for Public Inspection.--Copies of the maps and
legal description prepared under subsection (a) shall be available for
public inspection in--
(1) the Office of the State Director, California State Office
of the Bureau of Land Management, Sacramento, California;
(2) the Office of the District Manager, California Desert
District of the Bureau of Land Management, Riverside, California;
and
(3) the Office of the Commanding Officer, Marine Corps Air
Station, Yuma, Arizona.
(d) Reimbursement.--The Secretary of Navy shall reimburse the
Secretary of the Interior for the cost of implementing this section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Consistent With Cooperative Agreement.--The lands
and resources shall be managed in accordance with the cooperative
agreement, revised as necessary to conform to the provisions of this
subtitle. The parties to the cooperative agreement shall review the
cooperative agreement for conformance with this subtitle and amend the
cooperative agreement, if appropriate, within 120 days after the date
of the enactment of this subtitle. The term of the cooperative
agreement shall be amended so that its duration is at least equal to
the duration of the withdrawal made by section 2925. The cooperative
agreement may be reviewed and amended by the managing agencies as
necessary.
(b) Management by Secretary of the Interior.--
(1) General management authority.--During the period of
withdrawal, the Secretary of the Interior shall manage the lands
withdrawn and reserved under this subtitle pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable laws, including this subtitle.
(2) Specific authorities.--To the extent consistent with
applicable laws, Executive orders, and the cooperative agreement,
the lands withdrawn and reserved under this subtitle may be managed
in a manner permitting--
(A) protection of wildlife and wildlife habitat;
(B) control of predatory and other animals;
(C) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(D) geothermal leasing and development and related power
production, mineral leasing and development, and mineral
material sales.
(3) Effect of withdrawal.--The Secretary of the Interior shall
manage the lands withdrawn and reserved under this subtitle, in
coordination with the Secretary of the Navy, such that all
nonmilitary use of such lands, including the uses described in
paragraph (2), shall be subject to such conditions and restrictions
as may be necessary to permit the military use of such lands for
the purposes specified in the cooperative agreement or authorized
pursuant to this subtitle.
(c) Certain Activities Subject to Concurrence of Navy.--The
Secretary of the Interior may issue a lease, easement, right-of-way, or
other authorization with respect to the nonmilitary use of the
withdrawn lands only with the concurrence of the Secretary of the Navy
and under the terms of the cooperative agreement.
(d) Access Restrictions.--If the Secretary of the Navy determines
that military operations, public safety, or national security require
the closure to public use of any road, trail, or other portion of the
lands withdrawn under this subtitle, the Secretary may take such action
as the Secretary determines necessary or desirable to effect and
maintain such closure. Any such closure shall be limited to the minimum
areas and periods which the Secretary of the Navy determines are
required to carry out this subsection. Before and during any closure
under this subsection, the Secretary of the Navy shall keep appropriate
warning notices posted and take appropriate steps to notify the public
concerning such closures.
(e) Additional Military Uses.--Lands withdrawn under this subtitle
may be used for defense-related uses other than those specified in the
cooperative agreement. The Secretary of the Navy shall promptly notify
the Secretary of the Interior in the event that the lands withdrawn
under this subtitle will be used for additional defense-related
purposes. Such notification shall indicate the additional use or uses
involved, the proposed duration of such uses, and the extent to which
such additional military uses of the withdrawn lands will require that
additional or more stringent conditions or restrictions be imposed on
otherwise-permitted nonmilitary uses of all or any portion of the
withdrawn lands.
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this subtitle shall
terminate 25 years after the date of the enactment of this subtitle.
SEC. 2926. CONTINUATION OF ONGOING DECONTAMINATION ACTIVITIES.
Throughout the duration of the withdrawal and reservation made
under this subtitle, and subject to the availability of funds, the
Secretary of the Navy shall maintain a program of decontamination of
the lands withdrawn under this subtitle at least at the level of
decontamination activities performed on such lands in fiscal year 1995.
Such activities shall be subject to applicable laws, such as the
amendments made by the Federal Facility Compliance Act of 1992 (Public
Law 102-386; 106 Stat. 1505) and the Defense Environmental Restoration
Program established under section 2701 of title 10, United States Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) Notice of Continued Military Need.--Not later than five years
before the termination date specified in section 2925, the Secretary of
the Navy shall advise the Secretary of the Interior as to whether or
not the Navy will have a continuing military need for any or all of the
lands withdrawn and reserved under this subtitle after the termination
date.
(b) Application for Extension.--If the Secretary of the Navy
determines that there will be a continuing military need for any or all
of the withdrawn lands after the termination date specified in section
2925, the Secretary of the Navy shall file an application for extension
of the withdrawal and reservation of the lands in accordance with the
then existing regulations and procedures of the Department of the
Interior applicable to extension of withdrawal of lands for military
purposes and that are consistent with this subtitle. Such application
shall be filed with the Department of the Interior not later than four
years before the termination date.
(c) Extension Process.--The withdrawal and reservation established
by this subtitle may not be extended except by an Act or Joint
Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) Filing of Relinquishment Notice.--If, during the period of
withdrawal and reservation specified in section 2925, the Secretary of
the Navy decides to relinquish all or any portion of the lands
withdrawn and reserved under this subtitle, the Secretary of the Navy
shall file a notice of intention to relinquish with the Secretary of
the Interior.
(b) Determination of Presence of Contamination.--Before
transmitting a relinquishment notice under subsection (a), the
Secretary of the Navy, in consultation with the Secretary of the
Interior, shall prepare a written determination concerning whether and
to what extent the lands to be relinquished are contaminated with
explosive, toxic, or other hazardous wastes and substances. A copy of
such determination shall be transmitted with the relinquishment notice.
(c) Decontamination and Remediation.--In the case of contaminated
lands which are the subject of a relinquishment notice, the Secretary
of the Navy shall decontaminate or remediate the land to the extent
that funds are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Navy, determines
that--
(1) decontamination or remediation of the lands is practicable
and economically feasible, taking into consideration the potential
future use and value of the land; and
(2) upon decontamination or remediation, the land could be
opened to the operation of some or all of the public land laws,
including the mining laws.
(d) Decontamination and Remediation Activities Subject to Other
Laws.--The activities of the Secretary of the Navy under subsection (c)
are subject to applicable lawsand regulations, including the Defense
Environmental Restoration Program established under section 2701 of
title 10, United States Code, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(e) Authority of Secretary of the Interior To Refuse Contaminated
Lands.--The Secretary of the Interior shall not be required to accept
lands specified in a relinquishment notice if the Secretary of the
Interior, after consultation with the Secretary of the Navy, concludes
that--
(1) decontamination or remediation of any land subject to the
relinquishment notice is not practicable or economically feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all of the public
land laws; or
(3) a sufficient amount of funds are not appropriated for the
decontamination of the land.
(f) Status of Contaminated Lands.--If, because of the condition of
the lands, the Secretary of the Interior declines to accept
jurisdiction of lands proposed for relinquishment or, if at the
expiration of the withdrawal made under this subtitle, the Secretary of
the Interior determines that some of the lands withdrawn under this
subtitle are contaminated to an extent which prevents opening such
contaminated lands to operation of the public land laws--
(1) the Secretary of the Navy shall take appropriate steps to
warn the public of the contaminated state of such lands and any
risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary of
the Navy shall retain jurisdiction over the withdrawn lands, but
shall undertake no activities on such lands except in connection
with the decontamination or remediation of such lands; and
(3) the Secretary of the Navy shall report to the Secretary of
the Interior and to the Congress concerning the status of such
lands and all actions taken under paragraphs (1) and (2).
(g) Subsequent Decontamination or Remediation.--If lands covered by
subsection (f) are subsequently decontaminated or remediated and the
Secretary of the Navy certifies that the lands are safe for nonmilitary
uses, the Secretary of the Interior shall reconsider accepting
jurisdiction over the lands.
(h) Revocation Authority.--Notwithstanding any other provision of
law, upon deciding that it is in the public interest to accept
jurisdiction over lands specified in a relinquishment notice, the
Secretary of the Interior may revoke the withdrawal and reservation
made under this subtitle as it applies to such lands. If the decision
be made to accept the relinquishment and to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in the Federal
Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over
the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to the
operation of the public land laws, including the mining laws, if
appropriate.
SEC. 2929. DELEGATION OF AUTHORITY.
(a) Department of the Navy.--The functions of the Secretary of the
Navy under this subtitle may be delegated.
(b) Department of the Interior.--The functions of the Secretary of
the Interior under this subtitle may be delegated, except that an order
described in section 2928(h) may be approved and signed only by the
Secretary of the Interior, the Deputy Secretary of the Interior, or an
Assistant Secretary of the Department of the Interior.
SEC. 2930. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn under
this subtitle shall be conducted in accordance with section 2671 of
title 10, United States Code.
SEC. 2931. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leasing
activity on lands withdrawn and reserved under this subtitle shall
indemnify the United States against any costs, fees, damages, or other
liabilities (including costs of litigation) incurred by the United
States and arising from or relating to such mining activities,
including costs of mineral materials disposal, whether arising under
the Comprehensive Environmental Response Compensation and Liability Act
of 1980, the Solid Waste Disposal Act, or otherwise.
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. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. 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. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the defense waste processing facility, Savannah River Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
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. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Subject to subsection (d), 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
$1,661,767,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,235,907,000, to be
allocated as follows:
(A) For operation and maintenance, $1,147,570,000.
(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 AlamosNational 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), $131,900,000 to be allocated as follows:
Project 96-D-111, national ignition facility, location
to be determined, $131,900,000.
(3) For technology transfer and education, $59,400,000.
(b) Stockpile Management.--Subject to subsection (d), 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
$1,962,831,000, to be allocated as follows:
(1) For operation and maintenance, $1,868,470,000.
(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 wastewater 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, 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.--Subject to subsection (d), 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 $313,404,000.
(d) Adjustment.--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 (c) reduced by $20,000,000 for
use of prior year balances.
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 $1,762,194,000, of which
$376,648,000 shall be allocated to the uranium enrichment
decontamination and decommissioning fund.
(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 $1,578,653,000, to be allocated as
follows:
(1) For operation and maintenance, $1,490,326,000.
(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 farm 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, 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, Aiken, 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) 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 $1,291,290,000 to be allocated as follows:
(1) For operation and maintenance, $1,173,718,000.
(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), $117,572,000, 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 97-D-470, environmental monitoring laboratory,
Savannah River Site, Aiken, South Carolina, $2,500,000.
Project 97-D-473, health physics site support facility,
Savannah River Site, Aiken, South Carolina, $2,000,000.
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $60,672,000.
Project 96-D-461, electrical distribution upgrade, Idaho
National Engineering Laboratory, Idaho, $6,790,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $10,440,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River Site,
Aiken, South Carolina, $8,541,000.
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 Site, South Carolina, $4,137,000.
Project 95-D-456, security facilities consolidation, Idaho
Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $4,645,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $547,000.
(d) 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 $411,511,000.
(e) 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 $303,771,000.
(f) Policy and Management.--Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1997 for policy and management in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $23,155,000.
(g) Environmental Science Program.--Subject to subsection (j),
funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for the environmental science program in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of $62,136,000.
(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 in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $185,000,000.
(i) Closure Projects.--Subject to subsection (j), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1997 for closure projects selected under section 3143 in the
amount of $50,000,000.
(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. DEFENSE FIXED ASSET ACQUISITION/PRIVATIZATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for the defense fixed asset acquisition/
privatization program in the amount of $182,000,000.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1997 for other defense activities in carryingout programs
necessary for national security in the amount of $1,590,231,000, 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 emergency management, $16,794,000.
(5) For program direction, $88,122,000.
(6) For international nuclear safety, $15,200,000.
(7) For environment, safety, and health, defense, $63,800,000.
(8) For worker and community transition assistance,
$67,000,000.
(9) For fissile materials disposition, $93,796,000, to be
allocated as follows:
(A) For operation and maintenance, $76,796,000.
(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 facility, site to be determined,
$17,000,000.
(10) For nuclear security/Russian production reactor shutdown,
$6,000,000.
(11) For naval reactors development, $681,932,000, to be
allocated as follows:
(A) For operation and infrastructure, $649,330,000.
(B) For program direction, $18,902,000.
(C) 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 refurbishment, 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.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (10) of subsection (a) reduced
by $25,500,000 for use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 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 $2,000,000.
(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 $2,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
(c) Report on Permanent Authorization of Appropriations for General
Plant Projects.--(1) Not later than February 1, 1997, the Secretary of
Energy shall submit to the congressional defense committees a report on
the desirability of a permanent authorization of appropriations for the
defense general plant projects and civilian general plant projects of
the Department of Energy.
(2) If the Secretary determines for purposes of the report under
paragraph (1) that a permanent authorization of appropriations is
desirable, the report shall include--
(A) recommendations for legislation to provide for a permanent
authorization of appropriations, including a formula for adjusting
for inflation the amount authorized to be appropriated for the
projects to be covered by such authorization of appropriations; and
(B) a description of the actions to be undertaken by the
Secretary to control costs with respect to such projects, including
any actions that may depend on the size, nature, or scope of the
project concerned.
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 $2,000,000; 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. STOCKPILE STEWARDSHIP PROGRAM.
(a) Purpose.--The purpose of this section is to provide for the
enhanced implementation of the Department of Energy stockpile
stewardship and management program, in order to provide greater
confidence in the safety and continuing reliability of the nuclear
weapons stockpile.
(b) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $85,000,000 shall be
available to enhance the Department's stockpile stewardship and
management program for activities determined appropriate by the
Secretary of Energy, including the following:
(1) Enhanced surveillance of the nuclear weapons stockpile.
(2) Dual revalidation of the warheads in the nuclear weapons
stockpile.
(3) Stockpile life extension programs.
(4) Production capability assurance programs for critical non-
nuclear components.
(5) Accelerating capability to produce prototype war reserve-
quality plutonium pits.
(6) Conducting subcritical tests.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Energy shall submit to the congressional
defense committees a report on the obligations the Secretary has
incurred, and plans to incur, during fiscal year 1997 for the funds
made available by subsection (b).
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR 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, $90,000,000 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. 3133. 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 of Energy 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 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), $160,000,000 shall
be available for activities related to tritium production.
SEC. 3134. MODERNIZATION AND CONSOLIDATION OF TRITIUM RECYCLING
FACILITIES.
(a) In General.--The Secretary of Energy shall carry out activities
at the Savannah River Site, South Carolina, to--
(1) modernize and consolidate the facilities for recycling
tritium from weapons; and
(2) provide a modern tritium extraction facility so as to
ensure that such facilities have a capacity to recycle tritium from
weapons that is adequate to meet the requirements for tritium 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 $9,000,000
shall be available for activities under subsection (a).
SEC. 3135. PRODUCTION OF HIGH EXPLOSIVES.
No funds appropriated or otherwise made available to the Department
of Energy for fiscal year 1997 or any prior fiscal year may be used to
move, or prepare to move, the manufacture and fabrication of high
explosives and energetic materials for use as components in nuclear
weapons systems from the Pantex Plant, Amarillo, Texas, to any other
site or facility.
SEC. 3136. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND
DEVELOPMENT PURPOSES.
(a) Limitation.--No funds authorized to be 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. 3137. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES WITH
PEOPLE'S REPUBLIC OF CHINA.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1997
may be obligated or expended for any activity associated with the
conduct of cooperative programs relating to nuclear weapons or nuclear
weapons technology, including stockpile stewardship, safety, and use
control, with the People's Republic of China.
(b) Report.--(1) The Secretary of Energy shall prepare, in
consultation with the Secretary of Defense, a report containing a
description of all discussions and activities between the United States
and the People's Republic of China regarding nuclear weapons matters
that have occurred before the date of the enactment of this Act and
that are planned to occur after such date. For each such discussion or
activity, the report shall include--
(A) the authority under which the discussion or activity took
or will take place;
(B) the subject of the discussion or activity;
(C) participants or likely participants;
(D) the source and amount of funds used or to be used to pay
for the discussion or activity; and
(E) a description of the actions taken or to be taken to ensure
that no classified information or unclassified controlled
information was or will be revealed, and a determination of whether
classified information or unclassified controlled information was
revealed in previous discussions.
(2) The report shall be submitted to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives not later than January 15, 1997.
SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1997
may be obligated or expended to conduct any activities associated with
international cooperative stockpile stewardship.
(b) Exception.--Subsection (a) does not apply--
(1) with respect to such activities conducted between the
United States and the United Kingdom and between the United States
and France; and
(2) to activities carried out under title XV of this Act
(relating to cooperative threat reduction with states of the former
Soviet Union).
SEC. 3139. TEMPORARY AUTHORITY RELATING TO TRANSFERS OF DEFENSE
ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project. Any
such transfer may be made only once in a fiscal year to or from a
program or project, and the amount transferred to or from a program or
project may not exceed $5,000,000 in a fiscal year.
(b) Determination.--A transfer may not be carried out by a manager
of a field office pursuant to the authority provided under subsection
(a) unless the manager determines that such transfer is necessary to
address a riskto health, safety, or the environment or to assure the
most efficient use of defense environmental management funds at that
field office.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary of Energy, acting through the
Assistant Secretary of Energy for Environmental Management, shall
notify Congress of any transfer of funds pursuant to subsection (a) not
later than 30 days after such a transfer occurs.
(e) Limitation.--Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically denied
funds or for a new program or project that has not been authorized by
Congress.
(f) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the following:
(A) A project listed in subsection (b) or (c) of section
3102 being carried out by the office.
(B) A program referred to in subsection (a), (b), (c), (e),
(g), or (h) of section 3102 being carried out by the office.
(C) A project or program not described in subparagraph (A)
or (B) that is for environmental restoration or waste
management activities necessary for national security programs
of the Department of Energy, that is being carried out by the
office, and for which defense environmental management funds
have been authorized and appropriated before the date of the
enactment of this Act.
(2) The term ``defense environmental management funds'' means
funds appropriated to the Department of Energy pursuant to an
authorization for carrying out environmental restoration and waste
management activities necessary for national security programs.
(g) Duration of Authority.--The authority provided under subsection
(a) to a manager of a field office shall be in effect from the date of
the enactment of this Act to September 30, 1997.
(h) Report.--Not later than September 1, 1997, the Secretary of
Energy shall submit to the congressional defense committees a report on
the effectiveness of the authority provided under subsection (a) in
meeting an objective specified in subsection (b). The report shall
include recommendations on whether the duration of the authority, as
provided in subsection (g), should be extended.
SEC. 3140. MANAGEMENT STRUCTURE FOR NUCLEAR WEAPONS PRODUCTION
FACILITIES AND NUCLEAR WEAPONS LABORATORIES.
(a) Limitation on Delegation of Authority.--(1) The Secretary of
Energy, in carrying out national security programs, may delegate
specific management and planning authority over matters relating to
site operation of the facilities and laboratories covered by this
section only to the Assistant Secretary of Energy for Defense Programs.
Such Assistant Secretary may redelegate such authority only to managers
of area offices of the Department of Energy located at such facilities
and laboratories.
(2) Nothing in this section may be construed as affecting the
delegation by the Secretary of Energy of authority relating to
reporting, management, and oversight of matters relating to the
Department of Energy generally, or safety, environment, and health at
such facilities and laboratories.
(b) Requirement To Consult With Area Offices.--The Assistant
Secretary of Energy for Defense Programs, in exercising any delegated
authority to oversee management of matters relating to site operation
of a facility or laboratory, shall exercise such authority only after
direct consultation with the manager of the area office of the
Department of Energy located at the facility or laboratory.
(c) Requirement for Direct Communication From Area Offices.--The
Secretary of Energy, acting through the Assistant Secretary of Energy
for Defense Programs, shall require the head of each area office of the
Department of Energy located at each facility and laboratory covered by
this section to report on matters relating to site operation other than
those matters set forth in subsection (a)(2) directly to the Assistant
Secretary of Energy for Defense Programs, without obtaining the
approval or concurrence of any other official within the Department of
Energy.
(d) Defense Programs Reorganization Plan and Report.--(1) The
Secretary of Energy shall develop a plan to reorganize the field
activities and management of the national security functions of the
Department of Energy.
(2) Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the plan
developed under paragraph (1). The report shall specifically identify
all significant functions performed by the operations offices relating
to any of the facilities and laboratories covered by this section and
which of those functions could be performed--
(A) by the area offices of the Department of Energy located at
the facilities and laboratories covered by this section; or
(B) by the Assistant Secretary of Energy for Defense Programs.
(3) The report also shall address and make recommendations with
respect to other internal streamlining and reorganization initiatives
that the Department could pursue with respect to military or national
security programs.
(e) Defense Programs Management Council.--The Secretary of Energy
shall establish a council to be known as the ``Defense Programs
Management Council''. The Council shall advise the Secretary on policy
matters, operational concerns, strategic planning, and development of
priorities relating to the national security functions of the
Department of Energy. The Council shall be composed of the directors of
the facilities and laboratories covered by this section and shall
report directly to the Assistant Secretary of Energy for Defense
Programs.
(f) Covered Site Operations.--For purposes of this section, matters
relating to site operation of a facility or laboratory include matters
relating to personnel, budget, and procurement in national security
programs.
(g) Covered Facilities and Laboratories.--This section applies to
the following facilities and laboratories of the Department of Energy:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y-12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South Carolina.
(5) Los Alamos National Laboratory, Los Alamos, New Mexico.
(6) Sandia National Laboratories, Albuquerque, New Mexico.
(7) Lawrence Livermore National Laboratory, Livermore,
California.
(8) The Nevada Test Site, Nevada.
SEC. 3141. 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, South Carolina,
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. 3142. PROCESSING AND TREATMENT OF HIGH-LEVEL NUCLEAR WASTE AND
SPENT NUCLEAR FUEL RODS.
(a) In General.--(1) In order to provide for an effective response
to requirements for managing the spent nuclear fuel described in
paragraph (2), there shall be available to the Secretary of Energy,
from amounts authorized to be appropriated pursuant to section 3102(c),
the following amounts for the purposes stated:
(A) Not more than $43,000,000 for the development and
implementation of a program to accelerate the receipt, processing
(including the H-canyon restart operations), reprocessing,
separation, reduction, deactivation, stabilization, isolation, and
interim storage of high-level nuclear waste associated with
Department of Energy aluminum clad spent fuel rods, foreign spent
fuel rods, and other nuclear materials.
(B) Not more than $15,000,000 for the development and
implementation of a program for the receipt, treatment,
preparation, conditioning, interim storage, and final disposition
of high-level nuclear waste and spent nuclear fuel (including naval
spent nuclear fuel), non-aluminum clad fuel rods, and foreign fuel
rods.
(2) The spent nuclear fuel referred to in paragraph (1) is the
following:
(A) 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.
(B) Spent nuclear fuel described in the Interim Management of
Nuclear Materials Environmental Impact Statement, dated October
1995.
(C) Other spent nuclear fuel located at the Savannah River Site
as of the date of the enactment of this Act.
(3) The amounts made available under paragraph (1) are in addition
to other amounts authorized to be appropriated by section 3102(c) for
the purposes stated in subparagraphs (A) and (B) of that paragraph.
(b) Use of Funds for Settlement Agreement.--Funds made available
pursuant to subsection (a)(1)(B) for the Idaho National Engineering
Laboratory shall be considered to be funds made available in partial
fulfillment of the terms and obligations set forth in the settlement
agreement entered into by the United States with the State of Idaho in
the actions captioned Public Service Co. of Colorado v. Batt, Civil No.
91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in
the United States District Court for the District of Idaho and the
consent order of the United States District Court for the District of
Idaho, dated October 17, 1995, that effectuates the settlement
agreement.
(c) Amendments to Implementation Plan for Managing Spent Nuclear
Fuel at Certain Sites.--Section 3142(b) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
622) is amended--
(1) by striking out ``April 30, 1996'' and inserting in lieu
thereof ``September 30, 1996'';
(2) by striking out ``and'' at the end of paragraph (3);
(3) by striking out the period at the end of paragraph (4) and
inserting in lieu thereof ``; and''; and
(4) by adding at the end the following new paragraph:
``(5) an assessment of the progress made in implementing the
programs.''.
(d) Near-Term Plan for Processing Spent Fuel Rods at Savannah River
Site.--(1) Not later than March 15, 1997, the Secretary of Energy shall
submit to Congress a plan for a near-term program to process, treat,
package, and dispose of spent nuclear fuel rods described in paragraph
(2) 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 included in 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 spent nuclear fuel rods being sent to the site for
processing, interim storage, and other treatment.
(e) Multi-Year Plan for Clean-Up at Savannah River 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, treating, packaging, and disposal of
Department of Energy domestic and foreign spent nuclear fuel rods
at the site.
(f) Requirement for Continuing Operations at Savannah River Site.--
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 (e).
SEC. 3143. PROJECTS TO ACCELERATE CLOSURE ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES.
(a) In General.--The Secretary of Energy shall select and carry out
closure-acceleration projects in accordance with this section.
(b) Purpose.--The purpose of a closure-acceleration project shall
be, within a fixed period of time, to clean up or decommission a
Department of Energy defense nuclear facility or portion thereof and to
make the facility safe by stabilizing, consolidating, treating, or
removing nuclear materials from the facility in order to reduce
significantly or eliminate future costs at the facility.
(c) Eligible Projects.--(1) The Secretary of Energy may establish a
closure-acceleration project as eligible for selection under subsection
(e) by--
(A) developing a plan for the project that meets the criteria
under paragraph (2); and
(B) determining that the project will achieve significant long-
term cost savings to the Federal Government from the baseline cost
estimate made by the Department of Energy for the project.
(2) A plan for a closure-acceleration project under this section
shall--
(A) define a clear, delineated scope of work for completion of
the project;
(B) demonstrate that, with respect to the site of the proposed
project, there is a regulatory agreement between the Department of
Energy and other appropriate authorities for the implementation of
environmental remediation requirements that would allow for
successful completion of the project;
(C) demonstrate, to the maximum extent possible, the support of
State and local elected officials and the public for the project;
(D) contain performance-based provisions to be included in the
contract for the project, including--
(i) clearly stated and results-oriented performance
criteria and measures;
(ii) appropriate incentives for the contractor to meet and
exceed the performance criteria effectively and efficiently;
(iii) appropriate criteria and incentives for the con-
tractor to seek and engage subcontractors who may more
effectively and efficiently perform either unique and
technologically challenging tasks or routine and
interchangeable services;
(iv) specific incentives for cost savings;
(v) financial accountability; and
(vi) when appropriate, reduction of fee for failure to meet
minimum performance criteria and standards;
(E) demonstrate that the project will use new and innovative
cleanup and waste management technology with potential for
application to other locations and facilities without requiring the
development of new technologies; and
(F) demonstrate that the project can be completed within 10
years from the date of its selection.
(d) Program Administration.--The Secretary of Energy, acting
through the Assistant Secretary for Environmental Management, shall
implement a program to carry out the provisions of this section.
(e) Selection of Projects.--(1) The Secretary of Energy shall
select closure-acceleration projects to be carried out under this
section from among those projects established as eligible under
subsection (c) that will result in the most significant long-term cost
savings to the Government and the most significant reduction of
imminent risk.
(2) For each project selected, the Secretary shall submit to
Congress a report setting forth the reasons why the project was
selected, based on the criteria under subsection (c)(2) and paragraph
(1) of this subsection.
(f) Multiyear Contracts.--Notwithstanding section 304B(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254c(d)), the Secretary of Energy may enter into multi- year contracts
to carry out projects selected under this section for up to 10 program
years.
(g) Funding.--(1) In the budget submitted to Congress under section
1105(a) of title 31, United States Code, each year, the President shall
set forth funds for carrying out closure-acceleration projects under
this section as a separate item in the environmental restoration and
waste management account of the Department of Energy budget.
(2) Funds appropriated for purposes of carrying out projects under
this section shall remain available until expended.
(3) If a closure-acceleration project is being carried out at a
defense nuclear facility with funds appropriated for such projects, the
Secretary of Energy may not reduce the funds otherwise allocated to
that defense nuclear facility for environmental restoration and waste
management by reason of the funds being used for the project at that
facility.
(4) Funds appropriated for purposes of carrying out projects under
this section may not be used for an item for which Congress has
specifically denied funds or for a new program or project that has not
been authorized by Congress.
(h) Annual Report.--The Secretary of Energy shall submit each year
to Congress a report on the status of each closure-acceleration project
being carried out under this section. The report shall include, for
each such project, the following:
(1) A description of the funding already provided for the
project.
(2) A description of the extent of the cleanup,
decommissioning, stabilization, consolidation, treatment, or
removal activities completed.
(3) A comparison of the actual results of the project to the
original proposal and the actual cost of the project to the
originally proposed cost.
(4) A description of the funding needed in future fiscal years
for completion of the project.
(i) Duration of Program.--No closure-acceleration project selected
under this section may be carried out after the expiration of the 15-
year period beginning on the date of the enactment of this Act.
(j) Savings Provision.--Nothing in this section may be construed to
affect statutory requirements for an environmental restoration or waste
management activity or project or to modify or otherwise affect
applicable statutory or regulatory environmental restoration and waste
management requirements, including substantive standards intended to
protect public health and the environment, nor shall anything in this
section be construed to preempt or impair any local land use planning
or zoning authority or State authority.
SEC. 3144. 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. REPORT ON PLUTONIUM PIT PRODUCTION AND RE- MANUFACTURING
PLANS.
(a) Report Requirement.--The Secretary of Energy shall submit to
the congressional defense committees a report on plans for achieving
the capability to produce and remanufacture plutonium pits. The report
shall include a description of the baseline plan of the Department of
Energy for achieving such capability, including the following:
(1) The funding necessary, by fiscal year, to achieve the
capability.
(2) The schedule necessary to achieve the capability, including
important technical and programmatic milestones.
(3) Siting, capacity for expansion, and other issues included
in the baseline plan.
(b) Deadline.--The report required by subsection (a) shall be
submitted not later than 60 days after the date of the enactment of
this Act.
SEC. 3152. AMENDMENTS RELATING TO BASELINE ENVIRONMENTAL MANAGEMENT
REPORTS.
Section 3153 of the National Defense Authorization Act for Fiscal
Year 1994 (42 U.S.C. 7274k) is amended--
(1) in subsection (b)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial''; and
(B) in paragraph (2)(B), by inserting before ``year after
1995'' the following: ``odd-numbered''; and
(2) in subsection (d)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial'';
(B) in paragraph (1)(B), by striking out ``in each year
thereafter'' and inserting in lieu thereof ``in each odd-
numbered year thereafter''; and
(C) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by striking out
``fiscal year immediately'' and inserting in lieu thereof
``two fiscal years immediately''; and
(ii) in clause (ii), by striking out ``prior fiscal
year'' and inserting in lieu thereof ``prior fiscal
years''.
SEC. 3153. REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR ENVIRONMENTAL
MANAGEMENT PROGRAM.
(a) Authority To Develop Future Use Plans.--The Secretary of Energy
may develop future use plans for any defense nuclear facility at which
environmental restoration and waste management activities are
occurring.
(b) Requirement To Develop Future Use Plans.--The Secretary shall
develop a future use plan for each of the following defense nuclear
facilities:
(1) Hanford Site, Richland, Washington.
(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Carolina.
(4) Idaho National Engineering Laboratory, Idaho.
(c) Citizen Advisory Board.--(1) At each defense nuclear facility
for which the Secretary of Energy intends or is required to develop a
future use plan under this section and for which no citizen advisory
board has been established, the Secretary shall establish a citizen
advisory board.
(2) The Secretary may authorize the manager of a defense nuclear
facility for which a future use plan is developed under this section
(or, if there is no such manager, an appropriate official of the
Department of Energy designated by the Secretary) to pay routine
administrative expenses of a citizen advisory board established for
that facility. Such payments shall be made from funds available to the
Secretary for program direction in carrying out environmental
restoration and waste management activities necessary for national
security programs.
(d) Requirement To Consult With Citizen Advisory Board.--In
developing a future use plan under this section with respect to a
defense nuclear facility, the Secretary of Energy shall consult with a
citizen advisory board established pursuant to subsection (c) or a
similar advisory board already in existence as of the date of the
enactment of this Act for such facility, affected local governments
(including any local future use redevelopment authorities), and other
appropriate State agencies.
(e) 50-Year Planning Period.--A future use plan developed under
this section shall cover a period of at least 50 years.
(f) Deadlines.--For each facility listed in subsection (b), the
Secretary of Energy shall develop a draft future use plan by October 1,
1997, and a final future use plan by March 15, 1998.
(g) Report.--Not later than 60 days after completing development of
a final plan for a site listed in subsection (b), the Secretary of
Energy shall submit to Congress a report on the plan. The report shall
describe the plan and contain such findings and recommendations with
respect to the site as the Secretary considers appropriate.
(h) Savings Provisions.--(1) Nothing in this section, or in a
future use plan developed under this section with respect to a defense
nuclear facility, shall be construed as requiring any modification to a
future use plan with respect to a defense nuclear facility that was
developed before the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect statutory
requirements for an environmental restoration or waste management
activity or project or to modify or otherwise affect applicable
statutory or regulatory environmental restoration and waste management
requirements, including substantive standards intended to protect
public health and the environment, nor shall anything in this section
be construed to preempt or impair any local land use planning or zoning
authority or State authority.
SEC. 3154. 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 to determine the extent and valuation of the 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 and valuation of the injury to,
destruction of, or loss of natural resources for purposes of the study,
the Secretary shall--
(A) treat the Department as a private person liable for
response, removal, and remediation costs and damages under section
107(a)(4) of that Act (42 U.S.C. 9607(a)(4)) and subject to an
action for damages by public trustees of natural resources under
section 107(f) of that Act (42 U.S.C. 9607(f)) or by any other
person pursuant to section 107(e) or 113(f) of that Act (42 U.S.C.
9607(e) and 9613(f)); and
(B) determine the value of natural resource damages associated
with each site in accordance with all regulations promulgated under
section 301(c) of that Act (42 U.S.C. 9651(c)).
(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, Armed
Services, and Energy and Natural Resources of the Senate.
(2) The Committees on Commerce, National Security,
Transportation and Infrastructure, and Resources of the House of
Representatives.
SEC. 3155. 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. 3156. 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 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, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3157. 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. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.
Not later than June 1, 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. 3159. 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, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3160. 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 ``October 1, 1997''.
SEC. 3161. SENSE OF SENATE RELATING TO REDESIGNATION OF DEFENSE
ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT PROGRAM.
(a) Sense of Senate.--It is the sense of the Senate 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 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. 3162. 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 eight 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) Two 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 Speaker of the
House of Representatives, the minority leader of the Senate, and the
minority leader of the House of Representatives.
(D) Members shall be appointed not later than 60 days after the
date of the enactment of this Act.
(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. 3163. SENSE OF CONGRESS REGARDING RELIABILITY AND SAFETY OF
REMAINING NUCLEAR FORCES.
(a) Findings.--Congress 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 facilities for nuclear weapons components 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 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 Congress Regarding Presidential Con- sultation With
Congress.--It is the sense of Congress that the President should
consult closely with Congress regarding United States policy and
practices to ensure confidence in the safety, reliability, and
performance of the nuclear stockpile of the United States.
(c) Sense of Congress Regarding Notification and Consultation.--It
is the sense of Congress that, upon a determination by the President
that a problem with the safety, reliability, or performance 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 the advisability of
withdrawing from any treaty that prohibits underground testing
of nuclear weapons.
SEC. 3164. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.
(a) Report.--Not later than March 15, 1997, the Secretary of Energy
shall submit to the congressional defense committees a report regarding
the status of projects and programs to improve worker safety and health
at the Mound Facility in Miamisburg, Ohio.
(b) Matters Covered.--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
worker safety and health at the Mound Facility.
(4) An accounting of expenditures for worker safety and health
at the Mound Facility by fiscal year from fiscal year 1994 through
and including fiscal year 1996.
SEC. 3165. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD IMPROVEMENT
PROJECT, LIVERMORE, CALIFORNIA.
(a) Funding.--The Secretary of Energy shall include in the 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. 3166. 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 actions the Department has taken to implement the
fellowship program;
(B) the amount the Secretary proposes to obligate;
(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.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
SEC. 3171. PURPOSE.
The purpose of this subtitle is to provide for the expedited
environmental restoration and waste management of defense nuclear
facilities through the use of cost-effective management mechanisms and
innovative technologies.
SEC. 3172. APPLICABILITY.
(a) In General.--The provisions of this subtitle shall apply to the
following defense nuclear facilities:
(1) Any defense nuclear facility for which the fiscal year 1996
environmental management budget was $350,000,000 or more.
(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 sub- title; 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 Congress of the Secretary's receipt of the request.
SEC. 3173. SITE MANAGER.
(a) Appointment.--(1) Subject to paragraph (2), the Secretary shall
expeditiously appoint a Site Manager for each defense nuclear facility
(in this subtitle referred to as the ``Site Manager'').
(2) In the case of a defense nuclear facility at which another
program, in addition to environmental management operations, is carried
out, and such other program is subject to management by a site manager,
field office manager, or operations office manager, the Secretary shall
appoint such manager to be the Site Manager for such facility for
purposes of this subtitle.
(b) Authority.--(1) In addition to other authorities provided for
in this Act, the Secretary may delegate to the Site Manager of a
defense nuclear facility authority to oversee and direct environmental
management 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 funds among accounts in order to
facilitate the most efficient and timely environmental restoration
and waste management of the facility, and, in the event that the
Department headquarters does not act upon the request within 60
days, submit such request to the appropriate congressional
committees for review;
(C) subject to paragraph (2), negotiate amendments to
environmental agreements for the Department;
(D) manage Department personnel at the facility;
(E) consider the costs, risk reduction benefits, and other
benefits for the purposes of ensuring protection of human health
and the environment or safety, with respect to any environmental
remediation activity the cost of which exceeds $25,000,000; and
(F) have assessments prepared for environmental restoration
activities (in several documents or a single document, as
determined by the Site Manager).
(2) In using the authority described in paragraph (1)(C), a Site
Manager may not negotiate an amendment that is expected to result in
additional life cycle costs to the Department without the approval of
the Secretary.
(3) In using any authority described in paragraph (1), a Site
Manager of a facility shall consult with the State where the facility
is located and the advisory board for the facility.
(4) The delegation of any authority pursuant to this subsection
shall not be construed as restricting the Secretary's authority to
delegate other authorities as necessary.
(c) Information to Secretary.--The Site Manager of a defense
nuclear facility shall regularly inform the Secretary, Congress, and
the advisory board for the facility of the progress made by the Site
Manager to achieve the expedited environmental restoration and waste
management of the facility.
SEC. 3174. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of this Act
relating to the execution of environmental restoration, waste
management, or technology development activities at a defense nuclear
facility under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)
may be imposed by the Secretary at the defense nuclear facility only if
the Secretary finds that the order is necessary for the protection of
human health and the environment or safety, the fulfillment of current
legal requirements, or the conduct of critical administrative
functions.
SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF DEFENSE NUCLEAR
WASTE.
(a) In General.--The Site Manager of each defense nuclear facility
shall promote the deployment of innovative environmental technologies
for remediation of defense nuclear waste at the facility.
(b) Criteria.--To carry out subsection (a), the Site Manager of a
defense nuclear facility shall establish a program at the facility for
the testing and deployment of innovative 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, verification, certification, and deployment of
environmental technologies;
(2) solicit applications to test and deploy environmental
technologies 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 verification and certification of
environmental technologies at the facility;
(4) pay the costs of the demonstration of such technologies;
(5) enter into contracts and other agreements with other public
and private entities to deploy environmental technologies at the
facility; and
(6) include incentives, such as product performance
specifications, in contracts to encourage the implementation of
innovative environmental 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)(6) 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
tested, verified, certified, and deployed 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. 3176. PERFORMANCE-BASED CONTRACTING.
(a) Program.--The Secretary shall develop and implement a program
for performance-based contracting for contracts entered into for
environmental remediation at defense nuclear facilities. The program
shall ensure that, to the maximum extent practicable and appropriate,
such contracts include the following:
(1) Clearly stated and results oriented performance criteria
and measures.
(2) Appropriate incentives for contractors to meet or exceed
the performance criteria effectively and efficiently.
(3) Appropriate criteria and incentives for contractors to seek
and engage subcontractors who may more effectively and efficiently
perform either unique and technologically challenging tasks or
routine and interchangeable services.
(4) Specific incentives for cost savings.
(5) Financial accountability.
(6) When appropriate, reduction of fee for failure to meet
minimum performance criteria and standards.
(b) Criteria and Measures.--Performance criteria and measures
should take into consideration, at a minimum, the following: managerial
control; elimination or reduction of risk to public health and the
environment; workplace safety; financial control; goal-oriented work
scope; use of innovative and alternative technologies and techniques
that result in cleanups being performed less expensively, more quickly,
and within quality parameters; and performing within benchmark cost
estimates.
(c) Consultation.--In implementing this section, the Secretary
shall consult with interested parties.
(d) Deadline.--The Secretary shall implement this section not later
than October 1, 1997, unless the Secretary submits to Congress before
that date a report with a schedule for completion of action under this
section.
SEC. 3177. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL CLEANUP
DEMONSTRATION AREAS.
(a) Designation.--Each defense nuclear facility is hereby
designated as an environmental cleanup demonstration area to carry out
the purposes of this subtitle, including the utilizationand evaluation
of 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 communities surrounding
any defense nuclear facility, and other affected parties with respect
to the facility 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 cleanup
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 cleanup
remedies at such facility; and
(5) identify and recommend to Congress changes in law needed to
expedite the cleanup of such facility.
SEC. 3178. DEFINITIONS.
In this subtitle:
(1) The term ``Secretary'' means the Secretary of Energy.
(2) The term ``Department'' means the Department of Energy.
(3) 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).
SEC. 3179. TERMINATION.
This subtitle is repealed effective September 30, 2001.
SEC. 3180. REPORT.
Not later than September 30, 2000, the Secretary shall submit to
Congress a report on the effectiveness of this subtitle in expediting
environmental restoration and waste management of defense nuclear
facilities. The report shall include recommendations on whether this
subtitle should remain in effect beyond September 30, 2001.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
SEC. 3181. SHORT TITLE.
This subtitle may be cited as the ``Waste Isolation Pilot Plant
Land Withdrawal Amendment Act''.
SEC. 3182. DEFINITIONS.
Section 2 of the Waste Isolation Pilot Plant Land Withdrawal Act
(Public Law 102-579; 106 Stat. 4777) is amended--
(1) by striking paragraphs (18) and (19); and
(2) by redesignating paragraphs (20), (21), and (22), as
paragraphs (18), (19), and (20), respectively.
SEC. 3183. MANAGEMENT PLAN.
Section 4(b)(5)(B) of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4781) is amended by striking ``or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 3184. REPEAL OF TEST PHASE AND RETRIEVAL PLANS.
(a) Repeal.--Section 5 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4782) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (106 Stat. 4777) is amended by striking out the item relating
to section 5.
SEC. 3185. TEST PHASE ACTIVITIES.
Section 6 of the Waste Isolation Pilot Plant Land Withdrawal Act
(106 Stat. 4783) 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.
Subsection (b) of section 7 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4785) 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 com- pletion 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 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) of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4786) 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 the date of the submittal of the schedule. 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) of such Act 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 paragraphs (1), (2), (3), and (4),
respectively.
(c) Section 8(g).--Section 8(g) of such Act 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) of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4788) 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 of such Act is
repealed.
(c) Section 9(c)(2).--Subsection (c)(2) of section 9 of such Act is
repealed.
(d) Section 14.--Section 14 of such Act (106 Stat. 4791) 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. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACEMENT OF
TRANSURANIC WASTE.
(a) In General.--Section 10 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4789) is amended to read as follows:
``SEC. 10. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACEMENT OF
TRANSURANIC WASTE.
``It is the sense of Congress that the Secretary should complete
all actions required under section 7(b) to commence emplacement of
transuranic waste underground for disposal at WIPP not later than
November 30, 1997, provided that before that date all applicable health
and safety standards have been met and all applicable laws have been
complied with.''.
(b) Clerical Amendment.--The item relating to section 10 in the
table of contents in section 1 is amended to read as follows:
``Sec. 10. Sense of Congress on commencement of emplacement of
transuranic waste.''.
SEC. 3190. DECOMMISSIONING OF WIPP.
Section 13 of the Waste Isolation Pilot Plant Land Withdrawal Act
(106 Stat. 4791) is amended--
(1) by striking subsection (a); and
(2) 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. AUTHORIZATIONS FOR ECONOMIC ASSISTANCE AND MISCELLANEOUS
PAYMENTS.
(a) Authorization Amendment.--Section 15(a) of the Waste Isolation
Pilot Plant Land Withdrawal Act (106 Stat. 4791) is amended--
(1) in the subsection caption, by striking ``15-Year'' and
inserting ``14-Year''; and
(2) by striking ``15 fiscal years beginning with the fiscal
year in which the transport of transuranic waste to WIPP is
initiated'' and inserting ``14 fiscal years beginning with fiscal
year 1998''.
(b) Requirement for Separate Authorizations.--Such section 15(a) is
further amended by adding at the end the following: ``The authorization
of appropriations for funds for payments to the State under the
preceding sentence shall be separate from any authorization of
appropriations of funds for WIPP.''.
(c) Fiscal Year 1997 Funding.--Of the amount authorized to be
appropriated for the Department of Energy by section 3102(b),
$20,000,000 shall be available for the purpose of a payment by the
Secretary of Energy to the State of New Mexico for road improvements in
connection with the Waste Isolation Pilot Plant.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
Subtitle A--Authorization of Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
(1) 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. 98c).
(2) The term ``National Defense Stockpile Transaction Fund''
means the fund in the Treasury of the United States established
under section 9(a) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--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 for the
authorized uses of such funds under section 9(b)(2) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).
(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. 3303. DISPOSAL OF CERTAIN 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) $81,000,000 during fiscal year 1997; and
(2) $612,000,000 during the ten-fiscal year period ending
September 30, 2006.
(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.................................... 26,000,000 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) 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.--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--
(1) deposited into the general fund of the Treasury; and
(2) to the extent necessary, used to offset the revenues that
will be lost as a result of execution of the amendments made by
section 4303(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
(e) Qualifying Offsetting Legislation.--This section is
specifically enacted as qualifying offsetting legislation for the
purpose of offsetting fully the estimated 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), and as such is deemed to satisfy the conditions in
subsection (b) of such section.
(f) 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.
Subtitle B--Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIREMENTS.
(a) National Emergency Planning Assumptions.--Section 14 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5) is
amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b) Each report under this section shall set forth the national
emergency planning assumptions used by the Secretary in making the
Secretary's recommendations under subsection (a)(1) with respect to
stockpile requirements. The Secretary shall base the national emergency
planning assumptions on a military conflict scenario consistent with
the scenario used by the Secretary in budgeting and defense planning
purposes. The assumptions to be set forth include assumptions relating
to each of the following:
``(1) The length and intensity of the assumed military
conflict.
``(2) The military force structure to be mobilized.
``(3) The losses anticipated from enemy action.
``(4) The military, industrial, and essential civilian
requirements to support the national emergency.
``(5) The availability of supplies of strategic and critical
materials from foreign sources during the mobilization period, the
military conflict, and the subsequent period of replenishment,
taking into consideration possible shipping losses.
``(6) The domestic production of strategic and critical
materials during the mobilization period, the military conflict,
and the subsequent period of replenishment, taking into
consideration possible shipping losses.
``(7) Civilian austerity measures required during the
mobilization period and military conflict.
``(c) The stockpile requirements shall be based on those strategic
and critical materials necessary for the United States to replenish or
replace, within three years of the end of the military conflict
scenario required under subsection (b), all munitions, combat support
items, and weapons systems that would be required after such a military
conflict.
``(d) The Secretary shall also include in each report under this
section an examination of the effect that alternative mobilization
periods under the military conflict scenario required under subsection
(b), as well as a range of other military conflict scenarios addressing
potentially more serious threats to national security, would have on
the Secretary's recommendations under subsection (a)(1) with respect to
stockpile requirements.''.
(b) Conforming Amendment.--Section 2 of such Act (50 U.S.C. 98a) is
amended by striking out subsection (c) and inserting in lieu thereof
the following new subsection:
``(c) The purpose of the National Defense Stockpile is to serve the
interest of national defense only. The National Defense Stockpile is
not to be used for economic or budgetary purposes.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) Proposed Changes in Stockpile Quantities.--Section 3(c)(2) of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(c)(2)) is amended--
(1) by striking out ``effective on or after the 30th
legislative day following'' and inserting in lieu thereof ``after
the end of the 45-day period beginning on''; and
(2) by striking out the last sentence.
(b) Waiver of Acquisition and Disposal Requirements.--Section
6(d)(1) of such Act (50 U.S.C. 98e(d)(1)) is amended by striking out
``thirty days'' and inserting in lieu thereof ``45 days''.
(c) Time To Begin Disposal.--Section 6(d)(2) of such Act (50 U.S.C.
98e(d)(2)) is amended by striking out ``thirty days'' and inserting in
lieu thereof ``45 days''.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS.
Section 13 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-4) is amended--
(1) by striking out ``as a Communist-dominated country or
area''; and
(2) by striking out ``such Communist-dominated countries or
areas'' and inserting in lieu thereof ``a country or area listed in
such general note''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
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.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL
YEAR 1997.
Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1997, any sale of any part of the United States
share of petroleum produced from Naval Petroleum Reserves Numbered 1,
2, and 3 shall be made at a price not less than 90 percent of the
current sales price, as estimated by the Secretary of Energy, of
comparable petroleum in the same area.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of
Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle 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 use amounts in the Panama Canal Revolving
Fund 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, 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 other provisions of law, the funds available to
the Commission shall be available for the purchase and transportation
to the Republic of Panama of passenger motor vehicles, including large,
heavy-duty vehicles.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
SEC. 3521. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Panama Canal
Act Amendments of 1996''.
(b) References.--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
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEGISLATION.
Section 3 (22 U.S.C. 3602) is amended--
(1) in subsection (b), by inserting ``and'' after the semicolon
at the end of paragraph (4), by striking the semicolon at the end
of paragraph (5) and inserting a period, and striking paragraphs
(6) and (7); and
(2) by striking subsection (d).
SEC. 3523. ADMINISTRATOR.
(a) In General.--Section 1103 (22 U.S.C. 3613) is amended to read
as follows:
``administrator
``Sec. 1103. (a) There shall be an Administrator of the Commission
who shall be appointed by the President, by and with the advice and
consent of the Senate, and shall hold office at the pleasure of the
President.
``(b) The Administrator shall be paid compensation in an amount,
established by the Board, not to exceed level III of the Executive
Schedule.''.
(b) Savings Provisions.--Nothing in this section (or section
3549(3)) shall be considered to affect--
(1) the tenure of the individual serving as Administrator of
the Commission on the day before subsection (a) takes effect; or
(2) until modified under section 1103(b) of the Panama Canal
Act of 1979, as amended by subsection (a), the compensation of the
individual so serving.
SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.
(a) In General.--Section 1104 (22 U.S.C. 3614) is amended to read
as follows:
``deputy administrator
``Sec. 1104. (a) There shall be a Deputy Administrator of the
Commission who shall be appointed by the President. The Deputy
Administrator shall perform such duties as may be prescribed by the
Board.
``(b) The Deputy Administrator shall be paid compensation at a rate
of pay, established by the Board, which does not exceed the rate of
basic pay in effect for level IV of the Executive Schedule, and, if
eligible, shall be paid the overseas recruitment and retention
differential provided for in section 1217 of this Act.''.
(b) Savings Provisions.--Nothing in this section shall be
considered to affect--
(1) the tenure of the individual serving as Deputy
Administrator of the Commission on the day before subsection (a)
takes effect; or
(2) until modified under section 1104(b) of the Panama Canal
Act of 1979, as amended by subsection (a), the compensation of the
individual so serving.
SEC. 3525. OFFICE OF OMBUDSMAN.
Section 1113 (22 U.S.C. 3623) is amended by striking subsection (d)
and redesignating subsection (e) as subsection (d).
SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.
Section 1202 (22 U.S.C. 3642) is amended to read as follows:
``appointment and compensation; duties
``Sec. 1202. (a) In accordance with this chapter, the Commission
may appoint, fix the compensation of, and define the authority and
duties of officers and employees (other than the Administrator and
Deputy Administrator) necessary for the management, operation, and
maintenance of the Panama Canal and its complementary works,
installations, and equipment.
``(b) Individuals serving in any Executive agency (other than the
Commission) or the Smithsonian Institution, including individuals in
the uniformed services, may, if appointed under this section or section
1104 of this Act, serve as officers or employees of the Commission.''.
SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.
Section 1209 (22 U.S.C. 3649) is amended to read as follows:
``applicability of certain benefits
``Sec. 1209. Chapter 81 of title 5, United States Code, relating to
compensation for work injuries, chapters 83 and 84 of such title 5,
relating to retirement, chapter 87 of such title 5, relating to life
insurance, and chapter 89 of such title 5, relating to health
insurance, are applicable to Commission employees, except any
individual--
``(1) who is not a citizen of the United States;
``(2) whose initial appointment by the Commission occurs after
October 1, 1979; and
``(3) who is covered by the Social Security System of the
Republic of Panama pursuant to any provision of the Panama Canal
Treaty of 1977 and related agreements.''.
SEC. 3528. TRAVEL AND TRANSPORTATION.
Section 1210 (22 U.S.C. 3650) is amended to read as follows:
``travel and transportation
``Sec. 1210. (a) Subject to subsections (b) and (c), the Commission
may pay travel and transportation expenses for employees in accordance
with subchapter II of chapter 57 of title 5, United States Code.
``(b) For an employee to whom section 1206 applies, the Commission
may pay travel and transportation expenses associated with vacation
leave for the employee and the immediate family of the employee
notwithstanding requirements regarding periods of service established
by subchapter II of chapter 57 oftitle 5, United States Code, or the
regulations promulgated thereunder.
``(c) For an employee to whom section 1206 does not apply, the
Commission may pay travel and transportation expenses associated with
vacation leave for the employee and the immediate family of the
employee notwithstanding requirements regarding a written agreement
concerning the duration of a continuing service obligation established
by subchapter II of chapter 57 of title 5, United States Code, or the
regulations promulgated thereunder.
``(d)(1) Notwithstanding any other provision of law (except
paragraph (2)), the Commission may contract with Panamanian carriers
registered under the laws of the Republic of Panama to provide air
transportation to officials and employees of the Commission who are
citizens of the Republic of Panama.
``(2) Notwithstanding paragraph (1), an official or employee of the
Commission referred to in paragraph (1) may elect, for security or
other reasons, to travel by an air carrier holding a certificate under
section 41102 of title 49, United States Code.''.
SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.
Subparagraph (B) of section 1211(1) (22 U.S.C. 3651(1)(B)) is
amended to read as follows:
``(B) any other Executive agency or the Smithsonian
Institution, to the extent of any election in effect under
section 1212(b) of this Act;''.
SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER EMPLOYMENT
REQUIREMENTS.
(a) In General.--Section 1212 (22 U.S.C. 3652) is amended to read
as follows:
``panama canal employment system; merit and other employment
requirements
``Sec. 1212. (a) The Commission shall establish a Panama Canal
Employment System and prescribe the regulations necessary for its
administration. The Panama Canal Employment System shall--
``(1) be established in accordance with and be subject to the
provisions of the Panama Canal Treaty of 1977 and related
agreements, the provisions of this chapter, and any other
applicable provision of law;
``(2) be based on the consideration of the merit of each
employee or candidate for employment and the qualifications and
fitness of the employee to hold the position concerned;
``(3) conform, to the extent practicable and consistent with
the provisions of this Act, to the policies, principles, and
standards applicable to the competitive service;
``(4) in the case of employees who are citizens of the United
States, provide for the appropriate interchange of those employees
between positions under the Panama Canal Employment System and
positions in the competitive service; and
``(5) not be subject to the provisions of title 5, United
States Code, unless specifically made applicable by this Act.
``(b)(1) The head of any Executive agency (other than the
Commission) and the Smithsonian Institution may elect to have the
Panama Canal Employment System made applicable in whole or in part to
personnel of that agency in the Republic of Panama.
``(2) Any Executive agency (other than the Commission) and the
Smithsonian Institution, to the extent of any election under paragraph
(1), shall conduct its employment and pay practices relating to
employees in accordance with the Panama Canal Employment System.
``(3) Notwithstanding any other provision of this Act or the Panama
Canal Act Amendments of 1996, this subchapter, as last in effect before
the effective date of section 3530 of the Panama Canal Act Amendments
of 1996, shall continue to apply to an Executive agency or the
Smithsonian Institution to the extent of an election under paragraph
(1) by the head of agency or the Institution, respectively.
``(c) The Commission may exclude any employee or position from
coverage under any provision of this subchapter, other than the
interchange rights extended under subsection (a)(4).''.
(b) Savings Provisions.--The Panama Canal Employment System and all
elections, rules, regulations, and orders relating thereto, as last in
effect before the amendment made by subsection (a) takes effect, shall
continue in effect, according to their terms, until modified,
terminated, or superseded under section 1212 of the Panama Canal Act of
1979, as amended by subsection (a).
SEC. 3531. EMPLOYMENT STANDARDS.
Section 1213 (22 U.S.C. 3653) is amended in the first sentence by
striking ``The head of each agency'' and inserting ``The Commission''.
SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING INTERIM APPLICATION
OF CANAL ZONE MERIT SYSTEM.
Section 1214 (22 U.S.C. 3654) is repealed.
SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUITMENT AND RETENTION
REMUNERATION.
Section 1217(d) (22 U.S.C. 3657(d)) is repealed.
SEC. 3534. BENEFITS BASED ON BASIC PAY.
Section 1218(2) (22 U.S.C. 3658(2)) is amended to read as follows:
``(2) benefits under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, relating to retirement;''.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AUTHORITY OF COMMISSION.
Section 1223 (22 U.S.C. 3663) is amended to read as follows:
``central examining office
``Sec. 1223. The Commission shall establish a Central Examining
Office. The purpose of the office shall be to implement the provisions
of the Panama Canal Treaty of 1977 and related agreements with respect
to recruitment, examination, determination of qualification standards,
and similar matters relating to employment of the Commission.''.
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
Section 1224 (22 U.S.C. 3664) is amended to read as follows:
``applicability of title 5, united states code
``Sec. 1224. The following provisions of title 5, United States
Code, apply to the Panama Canal Commission:
``(1) Part I of title 5 (relating to agencies generally).
``(2) Chapter 21 (relating to employee definitions).
``(3) Section 2302(b)(8) (relating to whistleblower protection)
and all provisions of title 5 relating to the administration or
enforcement or any other aspect thereof, as identified in
regulations prescribed by the Commission in consultation with the
Office of Personnel Management.
``(4) All provisions relating to preference eligibles.
``(5) Section 5514 (relating to offset from salary).
``(6) Section 5520a (relating to garnishments).
``(7) Sections 5531-5535 (relating to dual pay and employment).
``(8) Subchapter VI of chapter 55 (relating to accumulated and
accrued leave).
``(9) Subchapter IX of chapter 55 (relating to severance and
back pay).
``(10) Chapter 57 (relating to travel, transportation, and
subsistence).
``(11) Chapter 59 (relating to allowances).
``(12) Chapter 63 (relating to leave for CONUS employees).
``(13) Section 6323 (relating to military leave; Reserves and
National Guardsmen).
``(14) Chapter 71 (relating to labor relations).
``(15) Subchapters II and III of chapter 73 (relating to
employment limitations and political activities, respectively) and
all provisions of title 5 relating to the administration or
enforcement or any other aspect thereof, as identified in
regulations prescribed by the Commission in consultation with the
Office of Personnel Management.
``(16) Chapter 81 (relating to compensation for work injuries).
``(17) Chapters 83 and 84 (relating to retirement).
``(18) Chapter 85 (relating to unemployment compensation).
``(19) Chapter 87 (relating to life insurance).
``(20) Chapter 89 (relating to health insurance).''.
SEC. 3537. REPEAL OF PROVISION RELATING TO TRANSFERRED OR REEMPLOYED
EMPLOYEES.
Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is repealed.
SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENEFITS.
Section 1245 (22 U.S.C. 3682) is amended by striking so much as
precedes subsection (b) and inserting the following:
``administration of certain disability benefits
``Sec. 1245. (a)(1) The Commission, or any other United States
Government agency or private entity acting pursuant to an agreement
with the Commission, under the Act entitled `An Act authorizing cash
relief for certain employees of the Panama Canal not coming within the
provisions of the Canal Zone Retirement Act', approved July 8, 1937 (50
Stat. 478; 68 Stat. 17), may continue the payments of cash relief to
those individual former employees of the Canal Zone Government or
Panama Canal Company or their predecessor agencies not coming within
the scope of the former Canal Zone Retirement Act whose services were
terminated prior to October 5, 1958, because of unfitness for further
useful service by reason of mental or physical disability resulting
from age or disease.
``(2) Subject to subsection (b), cash relief under this subsection
may not exceed $1.50 per month for each year of service of the
employees so furnished relief, with a maximum of $45 per month, plus
the amount of any cost-of-living increases in such cash relief granted
before October 1, 1979, pursuant to section 181 of title 2 of the Canal
Zone Code (as in effect on September 30, 1979), nor be paid to any
employee who, at the time of termination for disability prior to
October 5, 1958, had less than 10 years' service with the Canal Zone
Government, the Panama Canal Company, or their predecessor agencies on
the Isthmus of Panama.''.
SEC. 3539. PANAMA CANAL REVOLVING FUND.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C. 3712) is
amended to read as follows:
``panama canal revolving fund
``Sec. 1302. (a) There is established in the Treasury of the United
States a revolving fund to be known as `Panama Canal Revolving Fund'.
The Panama Canal Revolving Fund shall, subject to subsection (b), be
available to the Commission to carry out the purposes, functions, and
powers authorized by this Act, including for--
``(1) the hire of passenger motor vehicles and aircraft;
``(2) uniforms or allowances therefor;
``(3) official receptions and representation expenses of the
Board, the Secretary of the Commission, and the Administrator;
``(4) the operation of guide services;
``(5) a residence for the Administrator;
``(6) disbursements by the Administrator for employee and
community projects;
``(7) the procurement of expert and consultant services;
``(8) promotional activities, including the preparation,
distribution, or use of any kit, pamphlet, booklet, publication,
radio, television, film, or other media presentation designed to
promote the Panama Canal as a resource of the world shipping
industry; and
``(9) the purchase and transportation to the Republic of Panama
of passenger motor vehicles, including large, heavy-duty vehicles.
``(b)(1) There shall be deposited in the Panama Canal Revolving
Fund, on a continuing basis, toll receipts (other than amounts of toll
receipts deposited into the Panama Canal Commission Dissolution Fund
under section 1305) and all other receipts of the Commission. Except as
provided in section 1303, no funds may be obligated or expended by the
Commission inany fiscal year unless such obligation or expenditure has
been specifically authorized by law.
``(2) No funds may be authorized for the use of the Commission, or
obligated or expended by the Commission in any fiscal year; in excess
of--
``(A) the amount of revenues deposited in the Panama Canal
Revolving Fund and the Panama Canal Commission Dissolution Fund
during such fiscal year; plus
``(B) the amount of revenues deposited in the Panama Canal
Revolving Fund before such fiscal year and remaining unobligated at
the beginning of such fiscal year; plus
``(C) the $100,000,000 borrowing authority provided for in
section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the Secretary
of the Treasury shall report to the Congress the amount of revenues
deposited in the Panama Canal Revolving Fund during such fiscal year.
``(c) With the approval of the Secretary of the Treasury, the
Commission may deposit amounts in the Panama Canal Revolving Fund in
any Federal Reserve bank, any depositary for public funds, or such
other place and in such manner as the Commission and the Secretary may
agree.
``(d)(1) It is the sense of the Congress that the additional costs
resulting from the implementation of the Panama Canal Treaty of 1977
and related agreements should be kept to the absolute minimum level. To
this end, the Congress declares appropriated costs of implementation to
be borne by the taxpayers over the life of such Treaty should be kept
to a level no greater than the March 1979 estimate of those costs
($870,700,000) presented to the Congress by the executive branch during
consideration of this Act by the Congress, less personnel retirement
costs of $205,000,000, which were subtracted and charged to tolls,
therefore resulting in net taxpayer cost of approximately $665,700,000,
plus appropriate adjustments for inflation.
``(2) It is further the sense of the Congress that the actual costs
of implementation be consistent with the obligations of the United
States to operate the Panama Canal safely and efficiently and keep it
secure.''.
SEC. 3540. PRINTING.
Title I is amended in chapter 3 (22 U.S.C. 3711 et seq.) by adding
at the end of subchapter I the following new section:
``printing
``Sec. 1306. (a) Section 501 of title 44, United States Code, shall
not apply to direct purchase by the Commission for its use of printing,
binding, and blank-book work in the Republic of Panama when the
Commission determines that such direct purchase is in the best interest
of the Government.
``(b) This section shall not affect the Commission's authority,
under chapter 5 of title 44, United States Code, to operate a field
printing plant.''.
SEC. 3541. ACCOUNTING POLICIES.
(a) Section 1311.--Section 1311(a) (22 U.S.C. 3721(a)) is amended
by striking out ``the Accounting and Auditing Act of 1950 (31 U.S.C. 65
et seq.)'' in the first sentence and inserting in lieu thereof
``chapter 91 of title 31, United States Code,''.
(b) Section 1313.--Section 1313 (22 U.S.C. 3723) is amended by
striking out ``the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et
seq.)'' in subsections (a) and (c) and inserting in lieu thereof
``chapter 91 of title 31, United States Code,''.
SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.
Section 1321(e) (22 U.S.C. 3731(e)) is amended by adding at the end
the following sentence:
``Notwithstanding the provisions relating to the availability of
adequate schools contained in section 5924(4)(A) of title 5, United
States Code, the Commission shall by regulation determine the extent to
which costs of educational services may be defrayed under this
subsection.''.
SEC. 3543. POSTAL SERVICE.
Section 1331 (22 U.S.C. 3741) is amended to read as follows:
``postal service
``Sec. 1331. (a) The Commission shall take possession of and
administer the funds of the Canal Zone postal service and shall assume
its obligations.
``(b) Effective December 1, 1999, neither the Commission nor the
United States Government shall be responsible for the distribution of
any accumulated unpaid balances relating to Canal Zone postal-savings
deposits, postal-savings certificates, and postal money orders.
``(c) Mail addressed to the Canal Zone from or through the
continental United States may be routed by the United States Postal
Service to the military post offices of the United States Armed Forces
in the Republic of Panama. Such military post offices shall provide the
required directory services and shall accept such mail to the extent
permitted under the Panama Canal Treaty of 1977 and related agreements.
The Commission shall furnish personnel, records, and other services to
such military post offices to assure wherever appropriate the
distribution, rerouting, or return of such mail.''.
SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIVING RISE TO CLAIM.
Section 1417(1) (22 U.S.C. 3777(1)) is amended to read as follows:
``(1) an investigation of the accident or injury giving rise to
the claim has been completed, which shall include a hearing by the
Board of Local Inspectors of the Commission; and''.
SEC. 3545. OPERATIONS REGULATIONS.
Section 1801 (22 U.S.C. 3811) is amended by striking ``President''
and inserting ``Commission''.
SEC. 3546. MISCELLANEOUS REPEALS.
(a) Repeals.--The following provisions are repealed:
(1) Section 1605 (22 U.S.C. 3795), relating to interim toll
adjustment.
(2) Section 1701 (22 U.S.C. 3801), relating to the authority of
the President to prescribe certain regulations.
(3) Section 1702 (22 U.S.C. 3802), relating to the authority of
the Panama Canal Commission to prescribe certain regulations.
(4) Title II (22 U.S.C. 3841-3852), relating to the Treaty
transition period.
(5) Chapter 1 of title III (22 U.S.C. 3861), relating to
cemeteries.
(6) Section 1246, relating to appliances for certain injured
employees.
(7) Section 1251, relating to leave for jury or witness
service.
(8) Section 1301, relating to Canal Zone Government funds.
(9) Section 1313(c), relating to audits.
(b) Conforming Amendments.--Section 1313 is further amended by
redesignating subsections (d) and (e) as subsections (c) and (d),
respectively.
SEC. 3547. EXEMPTION FROM METRIC CONVERSION ACT OF 1975.
Section 3302 is amended to read as follows:
``exemption from metric conversion act of 1975
``Sec. 3302. The Commission is exempt from the provisions of the
Metric Conversion Act of 1975 (15 U.S.C. 205a et seq.).''.
SEC. 3548. CONFORMING AND CLERICAL AMENDMENTS.
(a) Title 5 Employment Law.--Title 5, United States Code, is
amended as follows:
(1) Section 3401(1) is amended--
(A) by striking out clause (v); and
(B) by redesignating clauses (vi), (vii), and (viii) as
clauses (v), (vi), and (vii), respectively.
(2) Section 5102 is amended--
(A) in subsection (a)(1)--
(i) by striking out clause (vi); and
(ii) by redesignating clauses (vii), (viii), (ix), (x),
and (xi) as clauses (vi), (vii), (viii), (ix), and (x),
respectively; and
(B) in subsection (c), by striking out paragraph (12).
(3) Subchapter IV of chapter 53 is amended--
(A) in section 5342(a)(1)--
(i) by striking out subparagraph (G); and
(ii) by redesignating subparagraphs (H), (I), (J), (K),
and (L) as subparagraphs (G), (H), (I), (J), and (K)
respectively;
(B) in section 5343(a)(5), by striking out ``the areas and
installations in the Republic of Panama'' and all that follows
through ``Panama Canal Act of 1979),''; and
(C) in section 5348--
(i) by striking out subsection (b);
(ii) by redesignating subsection (c) as subsection (b);
and
(iii) in subsection (a), by striking out ``subsections
(b) and (c)'' and inserting in lieu thereof ``sub- section
(b)''.
(4) Section 5373 is amended--
(A) by striking out paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3) respectively.
(5) Section 5537(c) is amended by striking out ``the United
States District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin
Islands.'' and inserting in lieu thereof ``the District Court of
Guam and the District Court of the Virgin Islands.''.
(6) Section 5541(2)(xii) is amended--
(A) by inserting ``or'' after ``Services Admini-
stration,''; and
(B) by striking out ``, or a vessel employee of the Panama
Canal Commission'';
(7) Section 5924(3) is amended by striking out the last
sentence.
(8) Section 6322(a) is amended--
(A) by striking out ``Puerto Rico,'' and inserting in lieu
thereof ``Puerto Rico or''; and
(B) by striking out ``, or the Republic of Panama''.
(9) Section 7901(f) is amended to read as follows:
``(f) The health programs conducted by the Tennessee Valley
Authority are not affected by this section.''.
(b) Cross References in Panama Canal Act.--
(1) Section 1211(1)(B) (22 U.S.C. 3651(1)(B)) is amended by
striking out ``section 1212(B)(2)'' and inserting in lieu thereof
``section 1212(b)''.
(2) Section 1303 (22 U.S.C. 3713) is amended by striking out
``section 1302(c)(1)'' both places it appears and inserting in lieu
thereof ``section 1302(b)(1)''.
(3) Section 1341(f) (22 U.S.C. 3751(f)) is amended by striking
out ``section 1302(c)'' and inserting in lieu thereof ``section
1302(b)''.
(c) Section Headings.--
(1) The heading of section 3 (22 U.S.C. 3602) is amended to
read as follows:
``definitions''.
(2) The heading of section 1245 (22 U.S.C. 3682) is amended to
read as follows:
``administration of certain disability benefits''.
(d) Table of Contents.--The table of contents in section 1 is
amended as follows:
(1) The items relating to sections 1101, 1102a, 1102b, and 1313
are amended by inserting ``Sec.'' before the section number.
(2) The item relating to section 3 is amended to read as
follows:
``Sec. 3. Definitions.''.
(3) The item relating to section 1104 is amended to read as
follows:
``Sec. 1104. Deputy Administrator.''.
(4) The items relating to sections 1209 and 1210 are amended to
read as follows:
``Sec. 1209. Applicability of certain benefits.
``Sec. 1210. Travel and transportation.''.
(5) The items relating to sections 1223 and 1224 are amended to
read as follows:
``Sec. 1223. Central Examining Office.
``Sec. 1224. Applicability of title 5, United States Code.''.
(6) The item relating to section 1245 is amended to read as
follows:
``Sec. 1245. Administration of certain disability benefits.''.
(7) The item relating to section 3302 is amended to read as
follows:
``Sec. 3302. Exemption from Metric Conversion Act of 1975.''.
(8) Such table of contents is further amended by inserting
after the item relating to section 1305 the following new item:
``Sec. 1306. Printing.''.
(9) Such table of contents is further amended--
(A) by striking out the items relating to sections 1214,
1246, 1251, 1301, 1605, 1701, 1702, 2101, 2201, 2202, 2203,
2204, 2205, 2206, 2301, 2401, 2402, and 3101; and
(B) by striking out the items relating to the heading of
title II, the headings of chapters 1, 2, 3, and 4 of such
title, and the heading of chapter 1 of title III.
SEC. 3549. REPEAL OF PANAMA CANAL CODE.
The Panama Canal Code is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.