[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3230 Placed on Calendar Senate (PCS)]
Calendar No. 414
104th CONGRESS
2d Session
H. R. 3230
_______________________________________________________________________
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.
_______________________________________________________________________
May 17, 1996
Received; read twice and placed on the calendar
Calendar No. 414
104th CONGRESS
2d Session
H. R. 3230
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 1996
Received; read twice and placed on the calendar
_______________________________________________________________________
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 certain aircraft.
Sec. 112. Multiyear procurement authority for Army programs.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Cost limitations for Seawolf submarine program.
Sec. 123. Pulse Doppler Radar modification.
Sec. 124. Reduction in number of vessels excluded from limit on
purchase of vessels built in foreign
shipyards.
Sec. 125. T-39N trainer aircraft for the Navy.
Subtitle D--Air Force Programs
Sec. 141. Repeal of limitation on procurement of F-15E aircraft.
Sec. 142. C-17 aircraft procurement.
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Live-fire survivability testing of V-22 aircraft.
Sec. 213. Live-fire survivability testing of F-22 aircraft.
Sec. 214. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 215. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological
warfare defense technology.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Unmanned aerial vehicles.
Sec. 218. Hydra-70 rocket product improvement program.
Sec. 219. Space-Based Infrared System program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Joint United States-Israeli Nautilus Laser/Theater High
Energy Laser program.
Sec. 222. Nonlethal weapons research and development program.
Sec. 223. High altitude endurance unmanned aerial reconnaissance
system.
Sec. 224. Certification of capability of United States to prevent
illegal importation of nuclear, biological,
or chemical weapons.
Subtitle C--Ballistic Missile Defense Programs
Sec. 231. Funding for Ballistic Missile Defense programs for fiscal
year 1997.
Sec. 232. Certification of capability of United States to defend
against single ballistic missile.
Sec. 233. Policy on compliance with the ABM Treaty.
Sec. 234. Requirement that multilateralization of the ABM Treaty be
done only through treaty-making power.
Sec. 235. Report on ballistic missile defense and proliferation.
Sec. 236. Revision to annual report on Ballistic Missile Defense
programs.
Sec. 237. ABM Treaty defined.
Sec. 238. Capability of National Missile Defense system.
Subtitle D--Other Matters
Sec. 241. Uniform procedures and criteria for maintenance and repair at
Air Force installations.
Sec. 242. Requirements relating to Small Business Innovation Research
Program.
Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic
Guided Missile (EFOG-M) system.
Sec. 244. Amendment to University Research Initiative Support program.
Sec. 245. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 246. Elimination of report on the use of competitive procedures
for the award of certain contracts to
colleges and universities.
Sec. 247. National Oceanographic Partnership Program.
Sec. 248. Funding increase for field emission flat panel technology.
Sec. 249. Natural resources assessment and training delivery system.
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.
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. Exclusion of large maintenance and repair projects from
percentage limitation on contracting for
depot-level maintenance.
Subtitle C--Environmental Provisions
Sec. 321. Repeal of report on contractor reimbursement costs.
Sec. 322. Payments of stipulated penalties assessed under CERCLA.
Sec. 323. Conservation and Readiness Program.
Sec. 324. Navy compliance with shipboard solid waste control
requirements.
Sec. 325. Authority to develop and implement land use plans for Defense
Environmental Restoration Program.
Sec. 326. Pilot program to test alternative technologies for limiting
air emissions during shipyard blasting and
coating operations.
Sec. 327. Navy program to monitor ecological effects of organotin.
Sec. 328. Agreements for services of other agencies in support of
environmental technology demonstration and
validation.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
Sec. 331. Repeal of prohibition on payment of lodging expenses when
adequate Government quarters are available.
Sec. 332. Voluntary separation incentive pay modification.
Sec. 333. Wage-board compensatory time off.
Sec. 334. Simplification of rules relating to the observance of certain
holidays.
Sec. 335. Phased retirement.
Sec. 336. Modification of authority for civilian employees of
Department of Defense to participate
voluntarily in reductions in force.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies and instrumentalities for goods
and services.
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 F--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Requirement regarding use of private shipyards for complex
naval ship repair contracts.
Subtitle G--Other Matters
Sec. 360. Termination of Defense Business Operations Fund and
preparation of plan regarding improved
operation of working-capital funds.
Sec. 361. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 362. Transfer of excess personal property to support law
enforcement activities.
Sec. 363. Storage of motor vehicle in lieu of transportation.
Sec. 364. Control of transportation systems in time of war.
Sec. 365. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 366. Modifications to Armed Forces Retirement Home Act of 1991.
Sec. 367. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 368. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 369. Expansion of authority to donate unusable food.
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.
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.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
Sec. 501. Authorization for senior enlisted members to reenlist for an
indefinite period of time.
Sec. 502. Authority to extend entry on active duty under the Delayed
Entry Program.
Sec. 503. Permanent authority for Navy spot promotions for certain
lieutenants.
Sec. 504. Reports on response to recommendations concerning
improvements to Department of Defense Joint
Manpower Process.
Sec. 505. Frequency of reports to Congress on Joint Officer Management
Policies.
Sec. 506. Repeal of requirement that commissioned officers be initially
appointed in a reserve grade.
Sec. 507. Continuation on active status for certain reserve officers of
the Air Force.
Sec. 508. Clarification of applicability of certain management
constraints on major range and test
facility base structure.
Subtitle B--Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Training for reserves on active duty in support of the
reserves.
Sec. 513. Clarification to definition of active status.
Sec. 514. Appointment above grade of 0-2 in the Naval Reserve.
Sec. 515. Report on number of advisers in active component support of
reserves pilot program.
Sec. 516. Sense of Congress and report regarding reemployment rights
for mobilized reservists employed in
foreign countries.
Sec. 517. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Subtitle C--Jurisdiction and Powers of Courts-Martial for the National
Guard When Not in Federal Service
Sec. 531. Composition, jurisdiction, and procedures of courts-martial.
Sec. 532. General courts-martial.
Sec. 533. Special courts-martial.
Sec. 534. Summary courts-martial.
Sec. 535. Repeal of authority for confinement in lieu of fine.
Sec. 536. Approval of sentence of bad conduct discharge or confinement.
Sec. 537. Authority of military judges.
Sec. 538. Statutory reorganization.
Sec. 539. Effective date.
Sec. 540. Conforming amendments to Uniform Code of Military Justice.
Subtitle D--Education and Training Programs
Sec. 551. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers'
Training Corps and the service academies.
Sec. 552. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 553. ROTC scholarship student participation in simultaneous
membership program.
Sec. 554. Expansion of ROTC advanced training program to include
graduate students.
Sec. 555. Reserve credit for members of Armed Forces Health Professions
Scholarship and Financial Assistance
Program.
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 E--Other Matters
Sec. 561. Hate crimes in the military.
Sec. 562. Authority of a reserve judge advocate to act as a notary
public.
Sec. 563. Authority to provide legal assistance to Public Health
Service officers.
Sec. 564. Excepted appointment of certain judicial non-attorney staff
in the United States Court of Appeals for
the Armed Forces.
Sec. 565. Replacement of certain American theater campaign ribbons.
Sec. 566. Restoration of regulations prohibiting service of homosexuals
in the Armed Forces.
Sec. 567. Reenactment and modification of mandatory separation from
service for members diagnosed with HIV-1
virus.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Availability of basic allowance for quarters for certain
members without dependents who serve on sea
duty.
Sec. 603. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and
nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Special incentives to recruit and retain dental officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Temporary lodging expenses of member in connection with first
permanent change of station.
Sec. 622. Allowance in connection with shipping motor vehicle at
government expense.
Sec. 623. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 624. Allowance for travel performed in connection with leave
between consecutive overseas tours.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Increase in annual limit on days of inactive duty training
creditable towards reserve retirement.
Sec. 632. Authority for retirement in grade in which a member has been
selected for promotion when a physical
disability intervenes.
Sec. 633. Eligibility for reserve disability retirement for reserves
injured while away from home overnight for
inactive-duty training.
Sec. 634. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative
reduction in enlisted grade.
Sec. 635. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 636. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 637. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Sec. 639. Nonsubstantive restatement of Survivor Benefit Plan statute.
Subtitle E--Other Matters
Sec. 651. Technical correction clarifying ability of certain members to
elect not to occupy Government quarters.
Sec. 652. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted
National Guard technicians.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Medical and dental care for reserve component members in a
duty status.
Sec. 702. Preventive health care screening for colon and prostate
cancer.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 713. Improved information exchange between military treatment
facilities and TRICARE program contractors.
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. Authority to waive or reduce CHAMPUS deductible amounts for
reservists called to active duty in support
of contingency operations.
Sec. 733. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 734. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 735. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 736. Expansion of collection authorities from third-party payers.
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. Exception to strength limitations for Public Health Service
officers assigned to Department of Defense.
Sec. 743. Continued operation of Uniformed Services University of the
Health Sciences.
Sec. 744. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and
Financial Assistance program.
Sec. 745. Report regarding specialized treatment facility program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 802. Exclusion from certain post-education duty assignments for
members of Acquisition Corps.
Sec. 803. Extension of authority to carry out certain prototype
projects.
Sec. 804. Increase in threshold amounts for major systems.
Sec. 805. Revisions in information required to be included in Selected
Acquisition Reports.
Sec. 806. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 807. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 808. Extension of pilot mentor-protege program.
Subtitle B--Other Matters
Sec. 821. Amendment to definition of national security system under
Information Technology Management Reform
Act of 1995.
Sec. 822. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 823. Repeal of annual report by advocate for competition.
Sec. 824. Repeal of biannual report on procurement regulatory activity.
Sec. 825. Repeal of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 826. Streamlined notice requirements to contractors and employees
regarding termination or substantial
reduction in contracts under major defense
programs.
Sec. 827. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 828. Testing of defense acquisition programs.
Sec. 829. Dependency of national technology and industrial base on
supplies available only from foreign
countries.
Sec. 830. Sense of Congress regarding treatment of Department of
Defense cable television franchise
agreements.
Sec. 831. Extension of domestic source limitation for valves and
machine tools.
Sec. 832. Demonstration project for purchase of fire, security, police,
public works, and utility services from
local government agencies.
Sec. 833. Study of effectiveness of defense mergers.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Additional required reduction in defense acquisition
workforce.
Sec. 902. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 903. Report on military department headquarters staffs.
Sec. 904. Extension of effective date for charter for Joint
Requirements Oversight Council.
Sec. 905. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 906. Membership of the Ammunition Storage Board.
Sec. 907. Department of Defense disbursing official check cashing and
exchange transactions.
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 budget requests for Defense Airborne
Reconnaissance program.
Subtitle B--Reports and Studies
Sec. 1021. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1022. Report on protection of national information infrastructure.
Sec. 1023. Report on witness interview procedures for Department of
Defense criminal investigations.
Subtitle C--Other Matters
Sec. 1031. Information systems security program.
Sec. 1032. Aviation and vessel war risk insurance.
Sec. 1033. Aircraft accident investigation boards.
Sec. 1034. Authority for use of appropriated funds for recruiting
functions.
Sec. 1035. Authority for award of Medal of Honor to certain African
American soldiers who served during World
War II.
Sec. 1036. Compensation for persons awarded prisoner of war medal who
did not previously receive compensation as
a prisoner of war.
Sec. 1037. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1038. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1039. Technical and clerical amendments.
Sec. 1040. Prohibition on carrying out SR-71 strategic reconnaissance
program during fiscal year 1997.
Sec. 1041. Defense burdensharing.
Sec. 1042. Authority to transport health professionals seeking to
provide health-related humanitarian relief
services.
Sec. 1043. Treatment of excess defense articles of Coast Guard under
Foreign Assistance Act of 1961.
Sec. 1044. Forfeiture of retired pay of members who are absent from the
United States to avoid prosecution.
Sec. 1045. Chemical stockpile emergency preparedness program.
Sec. 1046. Quarterly reports regarding coproduction agreements.
Sec. 1047. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel
practice.
Sec. 1048. Sense of Congress and Presidential report regarding nuclear
weapons proliferation and policies of the
People's Republic of China.
Sec. 1049. Transfer of U.S.S. Drum to City of Vallejo, California.
Sec. 1050. Evaluation of digital video network equipment used in
Olympic games.
Sec. 1051. Mission of the White House Communications Agency.
Sec. 1052. Transfer of naval vessels to certain foreign countries.
Sec. 1053. Annual report relating to Buy American Act.
Sec. 1054. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1055. Southwest Border States Anti-Drug Information System.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1997 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are
submitted.
Sec. 1105. Availability of funds.
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.
Sec. 1215. Technical amendment reflecting prior revision to National
Guard Bureau charter.
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. Codification of annual authority to pay transient housing
charges or provide lodging in kind for
members performing active duty for training
or inactive-duty 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. Commendation of Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
reserve service.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Miscellaneous Matters
Sec. 1301. One-year extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Certification required before observance of moratorium on
use by Armed Forces of antipersonnel
landmines.
Sec. 1304. Department of Defense demining program.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1307. Authority to accept services from foreign governments and
international organizations for defense
purposes.
Sec. 1308. 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--SIKES ACT IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Definition of Sikes Act for purposes of amendments.
Sec. 1403. Codification of short title of Act.
Sec. 1404. Integrated natural resource management plans.
Sec. 1405. Review for preparation of integrated natural resource
management plans.
Sec. 1406. Annual reviews and reports.
Sec. 1407. Transfer of wildlife conservation fees from closed military
installations.
Sec. 1408. Federal enforcement of integrated natural resource
management plans and enforcement of other
laws.
Sec. 1409. Natural resource management services.
Sec. 1410. Definitions.
Sec. 1411. Cooperative agreements.
Sec. 1412. Repeal of superseded provision.
Sec. 1413. Clerical amendments.
Sec. 1414. Authorizations of appropriations.
TITLE XV--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
Sec. 1501. Terms of loans under the foreign military financing program.
Sec. 1502. Additional requirements under the foreign military financing
program.
Sec. 1503. Drawdown special authorities.
Sec. 1504. Transfer of excess defense articles.
Sec. 1505. Excess defense articles for certain European countries.
Subtitle B--International Military Education and Training.
Sec. 1511. Assistance for Indonesia.
Sec. 1512. Additional requirements.
Subtitle C--Antiterrorism Assistance.
Sec. 1521. Antiterrorism training assistance.
Sec. 1522. Research and development expenses.
Subtitle D--Narcotics Control Assistance.
Sec. 1531. Additional requirements.
Sec. 1532. Notification requirement.
Sec. 1533. Waiver of restrictions for narcotics-related economic
assistance.
Subtitle E--Other Provisions.
Sec. 1541. Standardization of Congressional review procedures for arms
transfers.
Sec. 1542. Increased standardization, rationalization, and
interoperability of assistance and sales
programs.
Sec. 1543. Definition of significant military equipment.
Sec. 1544. Elimination of annual reporting requirement relating to the
special defense acquisition fund.
Sec. 1545. Cost of leased defense articles that have been lost or
destroyed.
Sec. 1546. Designation of major non-NATO allies.
Sec. 1547. Certification thresholds.
Sec. 1548. Depleted uranium ammunition.
Sec. 1549. End-use monitoring of defense articles and defense services.
Sec. 1550. Brokering activities relating to commercial sales of defense
articles and services.
Sec. 1551. Return and exchanges of defense articles previously
transferred pursuant to the Arms Export
Control Act.
Sec. 1552. National security interest determination to waive
reimbursement of depreciation for leased
defense articles.
Sec. 1553. Eligibility of Panama under Arms Export Control Act.
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. Correction in authorized uses of funds, Fort Irwin,
California.
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. 2206. Lease to facilitate construction of reserve center, Naval
Air Station, Meridian, Mississippi.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Naming of range at Camp Shelby, Mississippi.
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 and Military Family Housing
Sec. 2801. North Atlantic Treaty Organization Security Investment
Program.
Sec. 2802. Authority to demolish excess facilities.
Sec. 2803. Improvements to family housing units.
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 Ammunization Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer and exchange of jurisdiction, Arlington National
Cemetery, Arlington, Virginia.
Sec. 2822. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2824. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Release of condition on reconveyance of transferred land,
Guam.
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.
Part III--Air Force Conveyances
Sec. 2841. Conveyance of primate research complex, Holloman Air Force
Base, New Mexico.
Sec. 2842. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
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.
Subtitle D--Other Matters
Sec. 2861. 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. Designation of Michael O'Callaghan Military Hospital.
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.
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.
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. Production of high explosives.
Sec. 3134. Limitation on use of funds by laboratories for laboratory-
directed research and development.
Sec. 3135. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3136. International cooperative stockpile stewardship programs.
Sec. 3137. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3138. Management structure for nuclear weapons production
facilities and nuclear weapons
laboratories.
Subtitle D--Other Matters
Sec. 3141. Report on nuclear weapons stockpile memorandum.
Sec. 3142. Report on plutonium pit production and remanufacturing
plans.
Sec. 3143. Amendments relating to baseline environmental management
reports.
Sec. 3144. Requirement to develop future use plans for environmental
management program.
Sec. 3145. Worker health and safety improvements at Defense Nuclear
Complex, Miamisburg, Ohio.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3151. Purpose.
Sec. 3152. Covered defense nuclear facilities.
Sec. 3153. Site manager.
Sec. 3154. Department of Energy orders.
Sec. 3155. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3156. Performance-based contracting.
Sec. 3157. Designation of defense nuclear facilities as national
environmental cleanup demonstration areas.
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.
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 expenses.
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.
Sec. 3548. Miscellaneous conforming amendments to title 5, United
States Code.
Sec. 3549. Repeal of Panama Canal Code.
Sec. 3550. Miscellaneous clerical and conforming amendments.
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
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, $1,556,615,000.
(2) For missiles, $1,027,829,000.
(3) For weapons and tracked combat vehicles,
$1,334,814,000.
(4) For ammunition, $1,160,728,000.
(5) For other procurement, $2,812,240,000.
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, $6,668,952,000.
(2) For weapons, including missiles and torpedoes,
$1,305,308,000.
(3) For shipbuilding and conversion, $5,479,930,000.
(4) For other procurement, $2,871,495,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Marine Corps in the amount
of $546,748,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for Navy and the
Marine Corps in the amount of $599,239,000.
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, $7,271,928,000.
(2) For missiles, $4,341,178,000.
(3) For ammunition, $303,899,000.
(4) For other procurement, $6,117,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1997
for Defense-wide procurement in the amount of $1,890,212,000.
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, $118,000,000.
(2) For the Air National Guard, $158,000,000.
(3) For the Army Reserve, $106,000,000.
(4) For the Naval Reserve, $192,000,000.
(5) For the Air Force Reserve, $148,000,000.
(6) For the Marine Corps Reserve, $83,000,000.
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.
(a) Authorization.--There is hereby authorized to be appropriated
for fiscal year 1997 the amount of $799,847,000 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.
(b) Amount for Alternative Technology and Approaches Project.--Of
the amount specified in subsection (a), $21,000,000 shall be available
for the Alternative Technology and Approaches Project.
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 CERTAIN AIRCRAFT.
(a) Apache Helicopters.--Section 132 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1383) is repealed.
(b) OH-58D Armed Kiowa Warrior Helicopters.--Section 133 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 Defense Missile 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).
Subtitle C--Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized From SCN Account.--Of the amount authorized
by section 102 to be appropriated for Shipbuilding and Conversion,
Navy, for fiscal year 1997--
(1) $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;
(2) $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
(3) $504,000,000 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.
(b) Amounts Authorized From Navy RDT&E Account.--(1) Of the amount
authorized to be appropriated by section 201 for Research, Development,
Test, and Evaluation, Navy, $489,443,000 is available for the design of
the submarine previously designated by the Navy as the New Attack
Submarine. Such funds shall be available for obligation and expenditure
under 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, updated
design base, and other research and development initiatives related to
the design of such submarine.
(2)(A) Of the amount authorized to be appropriated by section
201(2), $60,000,000 is available to address the inclusion on future
nuclear attack submarines of the specific 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 referred to in subparagraph (A), $20,000,000
shall be equally divided between the two shipyards for the purpose of
ensuring that the shipyards are principal participants in the process
of addressing the inclusion of technologies referred to in subparagraph
(A). The Secretary of the Navy shall ensure that those shipyards have
access for such purpose (under procedures prescribed by the Secretary)
to the Navy laboratories and the Office of Naval Intelligence and (in
accordance with arrangements to be made by the Secretary) to the
Defense Advanced Research Projects Agency.
(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).
(4) Of the amount authorized to be appropriated by section 201(2),
$40,000,000 is available to provide funds for the design improvements
in accordance with subsection (f), to be equally divided between the
two shipyards.
(5)(A) Of the amount authorized to be appropriated by section
201(2), $50,000,000 is available to initiate the design of a new, next-
generation nuclear attack submarine, the design of which is not
intended to be an outgrowth of the submarine program described in
section 131 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 208). Those funds shall be equally
divided between the two shipyards and shall provide alternatives to the
design or designs to be derived in accordance with subsection (f). The
Secretary of the Navy shall compete those alternative designs with the
design or designs to be derived in accordance with subsection (f) for
serial production beginning not earlier than fiscal year 2003.
(B) The design under subparagraph (A) should proceed from, but not
be limited to, the technology specified in paragraph (2)(A), especially
with respect to hydrodynamics concepts and technologies. The Secretary
shall require the two shipyards to submit to the Secretary an annual
report on the progress of the design work under subparagraph (A) and
shall transmit each such report to the committees specified in
subsection (d)(1).
(c) Contracts Authorized.--(1) The Secretary of the Navy is
authorized, using funds available pursuant to paragraphs (2) and (3) of
subsection (a), 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.
(d) Limitations.--(1) Of the amounts specified in subsection (a),
not more than $50,000,000 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 to be
constructed after four submarines are procured as provided for in the
plan described in section 131(c) of the National Defense Authorization
Act for fiscal year 1996 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 best value to the Government.
(2) Of the amounts specified in subsection (a), not more than
$50,000,000 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.
(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 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 are designed to or which could, in
the opinion of the Under Secretary, 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, Newport News
Shipbuilding, or both.
(3) Of the amount specified in subsection (b)(1), not more than
$50,000,000 may be obligated or expended until the Under Secretary of
Defense (Comptroller) certifies in writing to the congressional
committees specified in paragraph (1) that the Department has complied
with section 132 of the National Defense Authorization Act for Fiscal
Year 1996 and that the funds specified in paragraphs (2), (3), and (4)
of subsection (b), have been obligated.
(e) Acquisition Simplification.--(1) In furtherance of the
direction provided by subsection (d) of section 131 of the National
Defense Authorization Act for Fiscal Year 1996 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 the acquisition reform initiatives begun by the
Secretary of the Air Force in May 1995 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 (d)(1) a report on the results of the implementation of such
initiatives.
(f) 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 neither of the two shipyards has the lead
responsibility for submarine design under the program. Each of the two
shipyards involved in the design and construction of the four
submarines described in that section shall be allowed to propose to the
Secretary any design improvement that shipyard considers appropriate
for the submarines to be built at that shipyard as part of those four
submarines. Control of the configuration of each of the four submarines
shall be separately maintained, and there shall be no single design to
compete for serial production with those designs derived from the
design work under subsection (b)(5), such competition to occur not
earlier than fiscal year 2003.
(2) The Secretary of the Navy shall submit an annual report to the
committees specified in subsection (d)(1) on the design improvements
proposed by the two shipyards under paragraph (1) for incorporation on
any of the four submarines using the funds specified in subsection
(b)(4). 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.
SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE PROGRAM.
(a) First Two Submarines.--The total amount obligated or expended
for procurement of the first two Seawolf-class submarines (designated
as SSN-21 and SSN-22) may not exceed $4,793,557,000.
(b) Third Submarine.--The total amount obligated or expended for
procurement of the third Seawolf-class submarine (designated as SSN-23)
may not exceed $2,430,102,000.
(c) Automatic Increase in SSN-21 and SSN-22 Limitation Amount.--The
amount of the limitation set forth in subsection (a) is increased by
the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in that subsection.
(2) The amounts of increases in costs for those submarines
attributable to economic inflation after September 30, 1995.
(3) The amounts of increases in costs for those submarines
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1995.
(d) Automatic Increase in SSN-23 Limitation Amount.--The amount of
the limitation set forth in subsection (b) is increased by the
following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarine referred to in that subsection.
(2) The amounts of increases in costs for that submarine
attributable to economic inflation after September 30, 1995.
(3) The amounts of increases in costs for that submarine
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1995.
(e) Repeal of Superseded Provision.--Section 133 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 211) is repealed.
SEC. 123. PULSE DOPPLER RADAR MODIFICATION.
The Secretary of the Navy shall, to the extent specifically
provided in an appropriations Act enacted after the date of the
enactment of this Act, spend $29,000,000 solely for development and
procurement of the Pulse Doppler Upgrade modification to the AN/SPS-48E
radar system, to be derived by the Secretary from amounts appropriated
for Other Procurement, Navy, for fiscal years before fiscal year 1997
that are unobligated and remain available for obligation.
SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED FROM LIMIT ON
PURCHASE OF VESSELS BUILT IN FOREIGN SHIPYARDS.
Section 1023 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2838) is amended by striking
out ``three ships'' and inserting in lieu thereof ``one ship''.
SEC. 125. T-39N TRAINER AIRCRAFT FOR THE NAVY.
(a) Procurement.--The Secretary of the Navy shall, 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 only for the acquisition of not less
than 17 T-39N aircraft for naval flight officer training that are
suitable for low-level training flights. The Secretary shall use
procurement procedures authorized under section 2304(c) of title 10,
United States Code, for a contract under subsection (a). The Secretary
shall enter into such a contract not later than 15 days after the date
of the enactment of this Act.
(b) Conforming Repeal.--Subsection (a) of section 137 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 212) is repealed.
Subtitle D--Air Force Programs
SEC. 141. 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. 142. C-17 AIRCRAFT PROCUREMENT.
The Secretary of the Air Force may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear contract
under the C-17 aircraft program for the procurement of a total of not
more than 80 aircraft. Such a contract may (notwithstanding subsection
(k) of such section 2306b) be entered into for a period of six program
years, beginning with fiscal year 1997.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,669,979,000.
(2) For the Navy, $8,189,957,000.
(3) For the Air Force, $13,271,087,000.
(4) For Defense-wide activities, $9,406,377,000, of which--
(A) $252,038,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1997.--Of the amounts authorized to be appropriated
by section 201, $4,088,043,000 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 PROGRAMS.
(a) Designation of Official for Dual-Use Programs.--The Secretary
of Defense shall designate a senior official in the Office of the
Secretary of Defense whose sole responsibility is developing policy
relating to, and ensuring effective implementation of, dual-use
programs and the integration of commercial technologies into current
and future military systems for 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.
(b) Funding Requirement.--Of the amounts appropriated for the
Department of Defense for science and technology programs for each of
fiscal years 1997 through 2000, at least the following percentages of
such amounts shall be available in the applicable fiscal year only for
dual-use programs of the Department of Defense:
(1) For fiscal year 1997, five percent.
(2) For fiscal year 1998, seven percent.
(3) For fiscal year 1999, 10 percent.
(4) For fiscal year 2000, 15 percent.
(c) Limitation on Obligations.--(1) Except as provided in paragraph
(2), funds made available pursuant to subsection (b) may not be
obligated until the senior official designated under subsection (a)
approves the obligation.
(2) Paragraph (1) does not apply with respect to funds made
available pursuant to subsection (b) to the Department of the Air Force
or to the Defense Advanced Research Projects Agency.
(3) Funds made available pursuant to subsection (b) may be used for
a dual-use program only if the contract, cooperative agreement, or
other transaction by which the program is carried out is entered into
through the use of competitive procedures.
(d) Transfer Authority.--The Secretary of Defense may transfer
funds made available pursuant to subsection (b) for a dual-use program
from a military department or defense agency to another military
department or defense agency to ensure efficient implementation of the
program. The Secretary may delegate the authority provided in the
preceding sentence to the senior official designated under subsection
(a).
(e) Federal Cost Share.--(1) The share contributed by the Secretary
of a military department for the cost of a dual-use program during the
fiscal years 1997, 1998, 1999, and 2000 may not be greater than 50
percent.
(2) In calculating the share of the costs of a dual-use program
contributed by a military department or a non-Government entity, the
Secretaries of the military departments may not consider in-kind
contributions.
(f) Definitions.--In this section:
(1) The term ``dual-use program'' means a program of a
military department--
(A) 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
(B) the costs of which are shared between the
Department of Defense and non-Government entities.
(2) 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.
(g) Repeal.--Section 2371(e) of title 10, United States Code, is
amended--
(1) by inserting ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount appropriated pursuant to
the authorization in section 201(3), $50,000,000 shall be available for
a competitive reusable launch vehicle technology program (PE 63401F).
(b) Limitation.--Funds made available pursuant to subsection (a)(1)
may be obligated only to the extent that the fiscal year 1997 current
operating plan of the National Aeronautics and Space Administration
allocates at least an equal amount for its Reusable Space Launch
Vehicle program.
SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense may
exercise the waiver authority in section 2366(c) of title 10, United
States Code, with respect to the application of survivability testing
to the V-22 aircraft system, notwithstanding that such system has
entered engineering and manufacturing development.
(b) Report to Congress.--In exercising the waiver authority in
section 2366(c), the Secretary shall submit to Congress a report
explaining how the Secretary plans to evaluate the survivability of the
V-22 aircraft system and assessing possible alternatives to realistic
survivability testing of the system.
(c) Alternative Survivability Testing Requirements.--If the
Secretary of Defense submits a certification under section 2366(c)(2)
of such title that live-fire testing of the V-22 aircraft system under
such section would be unreasonably expensive and impractical, the
Secretary shall require that sufficiently large and realistic
components and subsystems that could affect the survivability of the V-
22 aircraft system be made available for any alternative live-fire
testing of such system.
(d) Funding.--The funds required to carry out any alternative live-
fire testing of the V-22 aircraft system shall be made available from
amounts appropriated for the V-22 program.
SEC. 213. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense may
exercise the waiver authority in section 2366(c) of title 10, United
States Code, with respect to the application of survivability testing
to the F-22 aircraft system, notwithstanding that such system has
entered engineering and manufacturing development.
(b) Alternative Survivability Testing Requirements.--If the
Secretary of Defense submits a certification under section 2366(c)(2)
of such title that live-fire testing of the F-22 aircraft system under
such section would be unreasonably expensive and impractical, the
Secretary of Defense shall require that sufficiently large and
realistic components and subsystems that could affect the survivability
of the F-22 aircraft system be made available for any alternative live-
fire testing of such system.
(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. 214. 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. 215. 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. 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. UNMANNED AERIAL VEHICLES.
(a) Prohibition.--(1) The Secretary of Defense may not enter into a
contract for the Joint Tactical Unmanned Aerial Vehicle project, and no
funds authorized to be appropriated by this Act may be obligated for
such project, until a period of 30 days has expired after the date on
which the Secretary of Defense submits to Congress a certification that
the reconnaissance programs of the Department of Defense--
(A) are justified on the basis of the projected national
security threat;
(B) have been subjected to a roles and missions
determination;
(C) are supported by an overall national, joint, and
tactical reconnaissance plan;
(D) are affordable within the budget of the Department of
Defense as projected by the future-years defense program; and
(E) are fully programmed for in the future-years defense
program.
(2) In this subsection, the term `reconnaissance programs of the
Department of Defense' means programs for tactical unmanned aerial
vehicles, endurance unmanned aerial vehicles, airborne reconnaissance,
manned reconnaissance, and distributed common ground systems that--
(A) are described in the budget justification documents of
the Defense Airborne Reconnaissance Office;
(B) are included in the funding request for the Department
of Defense; or
(C) are certified as acquisition reconnaissance
requirements by the Joint Requirements Oversight Council for
the future-years defense program.
(b) 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.
(c) 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.
(d) 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.
(e) Funding.--Of the amounts authorized to be appropriated by
section 201 for program element 35154D, $10,000,000 shall be available
only for an advanced concepts technology demonstration of air-to-
surface precision guided munitions employment using a Predator, Hunter,
or Pioneer unmanned aerial vehicle and a nondevelopmental laser target
designator.
SEC. 218. 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, $15,000,000 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 type, along with other nondevelopmental item candidate
motors that use composite propellent as the propulsion
component and that have passed initial insensitive munition
criteria tests.
(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) and also includes an item the
flight capability of which has been demonstrated from a current Hydra-
70 rocket launcher.
SEC. 219. 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, $180,390,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Limitation.--None of the funds authorized under subsection (a)
to be made available for the Space-Based Infrared System program may be
obligated or expended until the Secretary of Defense certifies to
Congress that the requirements of section 216(a) of Public Law 104-106
(110 Stat. 220) have been carried out.
(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. 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,
$589,069,000 shall be available only for advanced technology
development for the Joint Advanced Strike Technology (JAST) program. Of
that amount--
(1) $246,833,000 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) Limitation.--None of the funds authorized to be appropriated
pursuant to the authorizations in section 201 may be used for Advanced
Short Takeoff and Vertical Landing aircraft development.
(c) Force Structure Analysis.--Of the amount made available under
subsection (a), up to $10,000,000 shall be available for the conduct of
an analysis by the Institutes of Defense Analysis of the following:
(1) The weapons systems force structure requirements to
meet the projected threat for the period beginning on January
1, 2000, and ending on December 31, 2025.
(2) Alternative force structures, including, at a minimum,
JAST derivative aircraft; remanufactured AV-8 aircraft; F-18C/
D, F-18E/F, AH-64, AH-1W, F-14, F-16, F-15, F-117, and F-22
aircraft; and air-to-surface and surface-to-surface weapons
systems.
(3) Affordability, effectiveness, commonality, and roles
and missions alternatives related to the alternative force
structures analyzed under paragraph (2).
(d) Cost Review.--The cost analysis and improvement group of the
Office of the Secretary of Defense shall review cost estimates made
under the analysis conducted under subsection (c) and shall provide a
sensitivity analysis for the alternatives evaluated under paragraphs
(2) and (3) of subsection (c).
(e) Deadline.--The Secretary of Defense shall submit to the
congressional defense committees a copy of the analysis conducted under
subsection (c) and the review conducted under subsection (d) not later
than February 1, 1997.
SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/THEATER HIGH
ENERGY LASER PROGRAM.
The Congress strongly supports the Joint United States-Israeli
Nautilus Laser/Theater High Energy Laser programs and encourages the
Secretary of Defense to request authorization to develop these programs
as agreed to on April 28, 1996, in the statement of intent signed by
the Secretary of Defense and the Prime Minister of the State of Israel.
SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOPMENT PROGRAM.
Of the amounts authorized to be appropriated by section 201 for
program element 63640M, $3,000,000 shall be available for the Nonlethal
Weapons Research and Development Program.
SEC. 223. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECONNAISSANCE
SYSTEM.
Any funds authorized to be appropriated under this title to develop
concepts for an improved Tier III Minus (High Altitude Endurance
Unmanned Aerial Reconnaissance System) that would increase the unit
flyaway cost above the established contracted for amount must be
awarded through competitive acquisition procedures.
SEC. 224. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT
ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, OR 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, or chemical weapons into the United
States and its possessions.
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL
YEAR 1997.
Of the amount appropriated pursuant to section 201(4), not more
than $3,258,982,000 may be obligated for programs managed by the
Ballistic Missile Defense Organization.
SEC 232. 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. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) Policy Concerning Systems Subject to ABM Treaty.--Congress
finds that, unless and until a missile defense system, system upgrade,
or system component is flight tested in an ABM-qualifying flight test
(as defined in subsection (c)), such system, system upgrade, or system
component--
(1) has not, for purposes of the ABM Treaty, been tested in
an ABM mode nor been given capabilities to counter strategic
ballistic missiles; and
(2) therefore is not subject to any application,
limitation, or obligation under the ABM Treaty.
(b) Prohibitions.--(1) Funds appropriated to the Department of
Defense may not be obligated or expended for the purpose of--
(A) prescribing, enforcing, or implementing any Executive
order, regulation, or policy that would apply the ABM Treaty
(or any limitation or obligation under such Treaty) to
research, development, testing, or deployment of a theater
missile defense system, a theater missile defense system
upgrade, or a theater missile defense system component; or
(B) taking any other action to provide for the ABM Treaty
(or any limitation or obligation under such Treaty) to be
applied to research, development, testing, or deployment of a
theater missile defense system, a theater missile defense
system upgrade, or a theater missile defense system component.
(2) This subsection applies with respect to each missile defense
system, missile defense system upgrade, or missile defense system
component that is capable of countering modern theater ballistic
missiles.
(3) This subsection shall cease to apply with respect to a missile
defense system, missile defense system upgrade, or missile defense
system component when that system, system upgrade, or system component
has been flight tested in an ABM-qualifying flight test.
(c) ABM-Qualifying Flight Test Defined.--For purposes of this
section, an ABM-qualifying flight test is a flight test against a
ballistic missile which, in that flight test, exceeds (1) a range of
3,500 kilometers, or (2) a velocity of 5 kilometers per second.
SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF THE ABM TREATY BE
DONE ONLY THROUGH TREATY-MAKING POWER.
Any addition of a new signatory party to the ABM Treaty (in
addition to the United States and the Russian Federation) constitutes
an amendment to the treaty that can only be agreed to by the United
States through the treaty-making power of the United States. No funds
appropriated or otherwise available for any fiscal year may be
obligated or expended for the purpose of implementing or making binding
upon the United States the participation of any additional nation as a
party to the ABM Treaty unless that nation is made a party to the
treaty by an amendment to the Treaty that is made in the same manner as
the manner by which a treaty is made.
SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND PROLIFERATION.
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. 236. 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. 237. 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.
SEC. 238. 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.
Subtitle D--Other Matters
SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR MAINTENANCE AND REPAIR AT
AIR FORCE INSTALLATIONS.
The Secretary of the Air Force shall apply uniform procedures and
criteria to allocate funds authorized to be appropriated pursuant to
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.
SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
(a) Management and Execution by Program Manager.--The Secretary of
Defense, in conducting within the Department of Defense the Small
Business Innovation Research Program (as defined by section 2491(13) of
title 10, United States Code), shall ensure that the Program is managed
and executed, for each program element for research and development for
which $20,000,000 or more is authorized for a fiscal year, by the
program manager for that element.
(b) Report.--Not later than March 30, 1997, the Comptroller General
shall submit to Congress and to the Secretary of Defense a report
setting forth 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 Small Business
Innovation Research Program since fiscal year 1995.
SEC. 243. 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. 244. 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. 245. 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) by striking out ``Director of the National
Science Foundation'' and inserting in lieu thereof
``Under Secretary of Defense for Acquisition and
Technology'';
(B) by striking out ``as determined by the
Director'' and inserting in lieu thereof ``as
determined by the Under Secretary'';
(C) in subparagraph (A), by striking out ``(to be
determined in consultation with the Secretary of
Defense);'' and inserting in lieu thereof ``; and'';
(D) by striking out ``; and'' at the end of
subparagraph (B) and inserting in lieu thereof a
period; and
(E) by striking out subparagraph (C).
SEC. 246. 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. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) 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.
(b) 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 Partnership Coordinating Group.
``7904. 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, who shall be the Chairman
of the Council.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration, who shall be the Vice Chairman of
the Council.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The 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) 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.
``(d) Responsibilities.--The Council shall have the following
responsibilities:
``(1) To establish the Ocean Research Partnership
Coordinating Group as provided in section 7903.
``(2) To establish the Ocean Research Advisory Panel as
provided in section 7904.
``(3) To submit to Congress an annual report pursuant to
subsection (e).
``(e) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
``(1) A description of activities of the program carried
out during the fiscal year before the fiscal year in which the
report is prepared. The description also shall include a list
of the members of the Ocean Research Partnership Coordinating
Group, 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 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.
``Sec. 7903. Ocean Research Partnership Coordinating Group
``(a) Establishment.--The Council shall establish an entity to be
known as the `Ocean Research Partnership Coordinating Group'
(hereinafter in this chapter referred to as the `Coordinating Group').
``(b) Membership.--The Coordinating Group shall consist of members
appointed by the Council, with one member appointed from each Federal
department or agency having an oceanographic research or development
program.
``(c) Chairman.--The Council shall appoint the Chairman of the
Coordinating Group.
``(d) Responsibilities.--Subject to the authority, direction, and
control of the Council, the Coordinating Group 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 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 promote participation in partnership projects by
each Federal department and agency involved with oceanographic
research and development by publicizing the program and by
prescribing guidelines for participation in the program.
``(4) To submit to the Council an annual report pursuant to
subsection (i).
``(e) Partnership Program Office.--The Coordinating Group shall
establish, using competitive procedures, and oversee a partnership
program office to carry out such duties as the Chairman of the
Coordinating Group considers appropriate to implement the National
Oceanographic Partnership Program, including the following:
``(1) To establish and oversee working groups to propose
partnership projects to the Coordinating Group and advise the
Group on such projects.
``(2) To manage peer review of partnership projects
proposed to the Coordinating Group and competitions for
projects selected by the Group.
``(3) To submit to the Coordinating Group an annual report
on the status of all partnership projects and activities of the
office.
``(f) Contract and Grant Authority.--The Coordinating Group may
authorize one or more of the departments or agencies represented in the
Group to enter into contracts and make grants, using funds appropriated
pursuant to an authorization for the National Oceanographic Partnership
Program, for the purpose of implementing the program and carrying out
the Coordinating Group's responsibilities.
``(g) Forms of Partnership Projects.--Partnership projects selected
by the Coordinating Group may be in any form that the Coordinating
Group considers appropriate, including memoranda of understanding,
demonstration projects, cooperative research and development
agreements, and similar instruments.
``(h) Annual Report.--Not later than February 1 of each year, the
Coordinating Group shall submit to the Council a report on the National
Oceanographic Partnership Program. The report shall contain, at a
minimum, copies of any recommendations or reports to the Coordinating
Group by the Ocean Research Advisory Panel.
``Sec. 7904. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall appoint an Ocean Research
Advisory Panel (hereinafter in this chapter referred to as the
`Advisory Panel') consisting of not less than 10 and not more than 18
members.
``(b) Membership.--Members of the Advisory Panel shall be appointed
from among persons who are 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.
``(c) Responsibilities.--(1) The Coordinating Group shall refer to
the Advisory Panel, and the Advisory Panel shall review, each proposed
partnership project estimated to cost more than $500,000. The Advisory
Panel shall make any recommendations to the Coordinating Group that the
Advisory Panel considers appropriate regarding such projects.
``(2) The Advisory Panel shall make any recommendations to the
Coordinating Group regarding activities that should be addressed by the
National Oceanographic Partnership Program that the Advisory Panel
considers appropriate.''.
(2) The tables of chapters at the beginning of subtitle C of title
10, United States Code, and at the beginning of part IV of such
subtitle, are each amended by inserting after the item relating to
chapter 663 the following:
``665. National Oceanographic Partnership Program........... 7901''.
(c) 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 (b)(1), not later than
December 1, 1996.
(d) 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 (b)(1), shall make the
appointments required by section 7904 of such title not later than
January 1, 1997.
(e) First Annual Report of National Ocean Research Leadership
Council.--The first annual report required by section 7902(e) of title
10, United States Code, as added by subsection (b)(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.
(f) Authorization.--Of the amount authorized to be appropriated to
the Department of Defense in section 201, $30,000,000 is authorized for
the National Oceanographic Partnership Program established pursuant to
section 7901 of title 10, United States Code, as added by subsection
(b)(1).
(g) Required 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
7903(e) of title 10, United States Code, for such fiscal year.
SEC. 248. FUNDING INCREASE FOR FIELD EMISSION FLAT PANEL TECHNOLOGY.
(a) Increase.--The amount authorized in section 201(1) for the
Combat Vehicle Improvement Program for M1 Tank Upgrade (program element
23735A DD30) is hereby increased by $10,000,000 to assist in funding
the development of field emission flat panel technology.
(b) Offset.--The amount authorized in section 101 is hereby
decreased by $10,000,000.
SEC. 249. NATURAL RESOURCES ASSESSMENT AND TRAINING DELIVERY SYSTEM.
Of the amount authorized to be appropriated by section 201(4) for
program element 65804D, funding shall be available for a proposed
natural resources assessment and training delivery system to enhance
the ability of the Department of Defense to mitigate the environmental
impact of its operational training of forces and testing of weapons
systems on military installations where problems are most acute.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $18,436,929,000.
(2) For the Navy, $20,433,797,000.
(3) For the Marine Corps, $2,524,677,000.
(4) For the Air Force, $17,982,955,000.
(5) For Defense-wide activities, $10,375,368,000.
(6) For the Army Reserve, $1,155,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $106,467,000.
(9) For the Air Force Reserve, $1,504,553,000.
(10) For the Army National Guard, $2,297,477,000.
(11) For the Air National Guard, $2,688,473,000.
(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, Defense,
$1,333,016,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $682,724,000.
(16) For Medical Programs, Defense, $9,831,288,000.
(17) For Cooperative Threat Reduction programs,
$302,900,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,544,000.
(19) For payment to Kaho'olawe Island, $10,000,000.
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, $1,123,002,000.
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 $250,000,000 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, $83,334,000.
(2) For the Navy, $83,333,000.
(3) For the Air Force, $83,333,000.
(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.
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. EXCLUSION OF LARGE MAINTENANCE AND REPAIR PROJECTS FROM
PERCENTAGE LIMITATION ON CONTRACTING FOR DEPOT-LEVEL
MAINTENANCE.
Section 2466 of title 10, United States Code, is amended by
inserting after subsection (a) the following new subsection:
``(b) Treatment of Certain Large Projects.--If a single maintenance
or repair project contracted for performance by non-Federal Government
personnel accounts for five percent or more of the funds made available
in a fiscal year to a military department or a Defense Agency for
depot-level maintenance and repair workload, the project and the funds
necessary for the project shall not be considered when applying the
percentage limitation specified in subsection (a) to that military
department or Defense Agency.''.
Subtitle C--Environmental Provisions
SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIMBURSEMENT COSTS.
Section 2706 of title 10, United States Code, is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 322. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER CERCLA.
The Secretary of Defense may pay, from funds appropriated pursuant
to section 301(14), the following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986, in amounts as follows:
(A) Not more than $34,000 assessed against the
United States Army at Fort Riley, Kansas, under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts,
under such Act.
(C) Not more than $10,000 assessed against the F.E.
Warren Air Force Base, Wyoming, under such Act.
(D) Not more than $30,000 assessed against the
Naval Education and Training Center, Newport, Rhode
Island, under such Act.
(E) Not more than $37,500 assessed against Lake
City Army Ammunition Plant, under such Act.
(2) Not more than $500,000 to carry out two environmental
restoration projects, as part of a negotiated agreement in lieu
of stipulated penalties assessed under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) against the Massachusetts Military
Reservation, Massachusetts.
SEC. 323. CONSERVATION AND READINESS PROGRAM.
(a) Establishment.--The Secretary of Defense may establish and
carry out a program to be known as the ``Conservation and Readiness
Program''.
(b) Purpose.--The purpose of the Conservation and Readiness Program
is to conduct and manage in a coordinated manner those conservation and
cultural activities that have regional, multicomponent, or Department
of Defense-wide significance and are necessary to meet legal
requirements or to support military operations. These activities
include the following:
(1) The development of ecosystem-wide land management
plans.
(2) The conduct of wildlife studies to ensure the safety of
military operations.
(3) 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 of Defense, to the appropriate
Native American tribes.
(4) The control of invasive species that may hinder
military activities or degrade military training ranges.
(5) The establishment of a regional curation system for
artifacts found on military installations.
(c) Cooperative Agreements and Grants.--The Secretary of Defense
may negotiate and enter into cooperative agreements with, and award
grants to, public and private agencies, organizations, institutions,
individuals, or other entities to carry out the Conservation and
Readiness Program.
(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.
SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID WASTE CONTROL
REQUIREMENTS.
(a) Amendment to the Act to Prevent Pollution from Ships.--
Subsection (c) of section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902(c)) is amended--
(1) in paragraph (1), by inserting ``, except as provided
in paragraphs (4) and (5) of this subsection'' before the
period at the end;
(2) by striking out paragraph (4); and
(3) by adding at the end the following new paragraphs:
``(4) A vessel owned or operated by the Department of the Navy for
which the Secretary of the Navy determines under the compliance plan
submitted under paragraph (2) that, due to unique military design,
construction, manning, or operating requirements, full compliance with
paragraph (1) would not be technologically feasible, would impair the
vessel's operations, and would impair the vessel's operational
capability, is authorized to discharge garbage consisting of either of
the following:
``(A) A slurry of seawater, paper, cardboard, and food
waste that does not contain more than the minimum amount
practicable of plastic, if such slurry is discharged not less
than 3 nautical miles from the nearest land and is capable of
passing through a screen with openings of no greater than 12
millimeters.
``(B) Metal and glass garbage that has been shredded and
bagged to ensure negative buoyancy and is discharged not less
than 12 nautical miles from the nearest land.
``(5) Not later than December 31, 2000, the Secretary of the Navy
shall publish in the Federal Register--
``(A) a list of those surface ships planned to be
decommissioned between January 1, 2001, and December 31, 2005;
and
``(B) standards to ensure, so far as is reasonable and
practicable, without impairing the operations or operational
capabilities of such ships, that such ships act in a manner
consistent with the special area requirements of Regulation 5
of Annex V to the Convention.''.
(b) Goal To Achieve Full Compliance.--It shall be the goal of the
Secretary of the Navy to achieve full compliance with Annex V to the
International Convention for the Prevention of Pollution from Ships,
1973, as soon as practicable.
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 use plan 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
of Defense 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 of
Defense 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.--Not later than December 31, 1998, the Secretary of
Defense shall submit to Congress a report 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 report shall include recommendations on
whether such land use plans should be developed and implemented
throughout the Department of Defense.
(h) 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 TECHNOLOGIES FOR LIMITING
AIR EMISSIONS DURING SHIPYARD BLASTING AND COATING
OPERATIONS.
(a) Pilot Program.--The Secretary of the Navy shall establish a
pilot program to test 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. 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.
(b) Report.--Upon completion of the test conducted under the pilot
program, the Secretary of the Navy 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. 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) 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 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.
(c) Sense of Congress.--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. 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).
SEC. 328. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF
ENVIRONMENTAL TECHNOLOGY DEMONSTRATION AND VALIDATION.
(a) Authority.--The Secretary of Defense may enter into a
cooperative agreement with an agency of a State or local government to
obtain assistance in demonstrating, validating, and certifying
environmental technologies.
(b) 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.
(c) Service Charges.--The cooperative agreement may provide for the
payment by the Secretary of service charges to the agency if the
charges are reasonable, nondiscriminatory, and do not exceed the actual
or estimated cost to the agency of providing the service.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODGING EXPENSES WHEN
ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE.
(a) Repeal.--Section 1589 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking out the item relating
to section 1589.
SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODIFICATION.
(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. 333. 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) The head of an agency may, on request of an employee, grant
the employee compensatory time off from his 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.''.
(b) Conforming Amendment.--Section 5544(c) of title 5, United
States Code, is amended by inserting ``and the provisions of section
5543(b)'' before ``shall apply''.
SEC. 334. 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. 335. PHASED RETIREMENT.
(a) Civil Service Retirement System.--Section 8344 of title 5,
United States Code, is amended by adding at the end the following new
subsection:
``(m)(1) In order to promote the retention of employees having
knowledge, skills, or expertise needed by the Department of Defense, in
a manner consistent with ongoing downsizing efforts, the Secretary of
Defense or his designee may waive the application of subsection (a),
with respect to reemployed annuitants of the Department of Defense,
under this subsection.
``(2) A waiver under this subsection--
``(A) may not be granted except upon appropriate written
application submitted and approved not later than the date of
separation on which entitlement to annuity is based;
``(B) shall be contingent on the reemployment commencing
within such time as the Secretary or his designee may require,
may remain in effect for a period of not to exceed 2 years, and
shall not be renewable; and
``(C) may be granted and thereafter remain in effect only
if, with respect to the position in which reemployed, the
number of regularly scheduled hours in each week or other
period is at least \1/2\ but not more than \3/4\ those last in
effect for the individual before the separation referred to in
subparagraph (A).
``(3)(A) In no event shall the sum of the rate of basic pay for,
plus annuity allocable to, any period of service as a reemployed
annuitant under this subsection exceed the rate of basic pay that would
then be in effect for service performed during such period if
separation had not occurred.
``(B) If the limitation under subparagraph (A) would otherwise be
exceeded, an amount equal to the excess shall be deducted from basic
pay for the period involved (but not to exceed total basic pay for such
period), and any amount so deducted shall be deposited in the Treasury
of the United States to the credit of the Fund.
``(4) The number of reemployed annuitants under this subsection at
any given time may not, when taken together with the then current
number under section 8468(j), exceed a total of 50.
``(5) All waivers under this subsection shall cease to be effective
after September 30, 2001.''.
(b) Federal Employees' Retirement System.--Section 8468 of title 5,
United States Code, is amended by adding at the end the following new
subsection:
``(j)(1) In order to promote the retention of employees having
knowledge, skills, or expertise needed by the Department of Defense, in
a manner consistent with ongoing downsizing efforts, the Secretary of
Defense or his designee may waive the application of subsections (a)
and (b), with respect to reemployed annuitants of the Department of
Defense, under this subsection.
``(2) A waiver under this subsection--
``(A) may not be granted except upon appropriate written
application submitted and approved not later than the date of
separation on which entitlement to annuity is based;
``(B) shall be contingent on the reemployment commencing
within such time as the Secretary or his designee may require,
may remain in effect for a period of not to exceed 2 years, and
shall not be renewable; and
``(C) may be granted and thereafter remain in effect only
if, with respect to the position in which reemployed, the
number of regularly scheduled hours in each week or other
period is at least \1/2\ but not more than \3/4\ those last in
effect for the individual before the separation referred to in
subparagraph (A).
``(3)(A) In no event shall the sum of the rate of basic pay for,
plus annuity allocable to, any period of service as a reemployed
annuitant under this subsection exceed the rate of basic pay that would
then be in effect for service performed during such period if
separation had not occurred.
``(B) If the limitation under subparagraph (A) would otherwise be
exceeded, an amount equal to the excess shall be deducted from basic
pay for the period involved (but not to exceed total basic pay for such
period), and any amount so deducted shall be deposited in the Treasury
of the United States to the credit of the Fund.
``(4) The number of reemployed annuitants under this subsection at
any given time may not, when taken together with the then current
number under section 8344(m), exceed a total of 50.
``(5) All waivers under this subsection shall cease to be effective
after September 30, 2001.''.
(c) Reporting Requirement.--Not later than December 31, 2000, the
Secretary of Defense shall submit to each House of Congress and the
Office of Personnel Management a written report on the operation of
sections 8344(m) and 8468(j) of title 5, United States Code, as amended
by this section. Such report shall include--
(1) recommendations as to whether or not those provisions
of law should be continued beyond September 30, 2001, and, if
so, under what conditions or constraints; and
(2) any other information which the Secretary of Defense
may consider appropriate.
SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF
DEPARTMENT OF DEFENSE TO PARTICIPATE VOLUNTARILY IN
REDUCTIONS IN FORCE.
Section 3502(f) 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.''.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES AND INSTRUMENTALITIES FOR GOODS
AND SERVICES.
(a) Contracts to Promote Efficient Operation and Management.--
Chapter 147 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2490b. Contracts with other agencies and instrumentalities for
goods and services
``An agency or instrumentality of the Department of Defense that
supports the operation of the exchange or morale, welfare, and
recreation systems of the Department of Defense may enter into a
contract or other agreement with another department, agency, or
instrumentality of the Department of Defense or another Federal agency
to provide goods and services beneficial to the efficient management
and operation of the exchange or morale, welfare, and recreation
systems.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2490b. Contracts with other agencies and instrumentalities for goods
and 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.--The amendment made by subsection
(a) shall not affect the terms, conditions, or duration of any contract
entered into by the Secretary of Defense before the date of the
enactment of this Act for the procurement of commercial items for
resale in commissary stores.
SEC. 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 adding after section 2490b, as added by section 341, the
following new section:
``Sec. 2490c. Sale or rental of sexually explicit material prohibited
``(a) Prohibition of Sale or Rental.--The Secretary of Defense may
not permit the sale or rental of sexually explicit written or
videotaped 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
for sale, remuneration, or rental may not provide 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 ship stores.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2490b, as added by
section 341, the following new item:
``2490c. Sale or rental of sexually explicit material prohibited.''.
(b) Effective Date.--Subsection (a) of section 2490c 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 F--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 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
Government; 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. REQUIREMENT REGARDING USE OF PRIVATE SHIPYARDS FOR COMPLEX
NAVAL SHIP REPAIR CONTRACTS.
(a) In General.--(1) Chapter 633 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7315. Use of private shipyards for complex ship repair work:
limitation to certain shipyards
``(a) Limitation on Repair Locations.--Whenever a naval vessel
(other than a submarine) is to undergo complex ship repairs and the
Secretary of the Navy determines that a private shipyard contractor is
to be used for the work required, such work--
``(1) may be performed only by a qualifying shipyard
contractor; and
``(2) shall be performed at the shipyard facility of the
contractor selected unless the Secretary determines that the
work should be conducted elsewhere in the interest of national
security.
``(b) Qualifying Shipyard Contractor.--For the purposes of this
section, a qualifying shipyard contractor, with respect to the award of
any contract for ship repair work, is a private shipyard that--
``(1) is capable of performing the repair and overhaul of
ships with a displacement of 800 tons or more;
``(2) performs at least 55 percent of repairs with its own
facilities and work force;
``(3) possesses or has access to a dry-dock and a pier with
the capability to berth a ship with a displacement of 800 tons
or more; and
``(4) has all the facilities and organizational elements
needed for the repair of a ship with a displacement of 800 tons
or more.
``(c) Complex Ship Repairs.--In this section, the term `complex
ship repairs' means repairs to a vessel performed at a shipyard that
are estimated (before work on the repairs by a shipyard begins) to
require expenditure of $750,000 or more.
``(d) Exception Regarding Pacific Coast.--This section shall not
apply in the case of complex ship repairs to be performed at a shipyard
facility located on the Pacific Coast of the United States.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7315. Use of private shipyards for complex ship repair work:
limitation to certain shipyards.''.
(b) Effective Date.--Section 7315 of title 10, United States Code,
as added by subsection (a), shall apply with respect to contracts for
complex ship repairs that are awarded after the date of the enactment
of this Act.
Subtitle G--Other Matters
SEC. 360. TERMINATION OF DEFENSE BUSINESS OPERATIONS FUND AND
PREPARATION OF PLAN REGARDING IMPROVED OPERATION OF
WORKING-CAPITAL FUNDS.
(a) Repeal of Defense Business Operations Fund.--(1) Section 2216
of title 10, United States Code, as added by section 371(a) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 277), is repealed.
(2) The table of sections at the beginning of chapter 131 of title
10, United States Code, is amended by striking out the item relating to
such section.
(3) The amendments made by this subsection shall take effect on
October 1, 1998.
(b) 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.
(c) Elements of Plan.--The plan required by subsection (b) shall
address the following issues:
(1) The ability of each military department 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.
(3) Liability for operating losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense for each
military department's fair share of the costs of legitimate
common business support services provided by the Department of
Defense (such as accounting and financial services and central
logistics services).
(5) The role of the Department of Defense in setting
charges or imposing surcharges for activities managed by the
military department business accounts (except for the common
business support costs 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.
(7) The ability of military departments to purchase
industrial and supply services from, and provide such services
to, other military departments.
(8) Standardization of financial management and accounting
practices employed by military department business accounts.
(9) Reporting requirements related to actual and projected
performance of military department business management account
activities.
SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE BUSINESS
OPERATIONS FUND.
Section 2216 of title 10, United States Code, as added by section
371(a) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 227), is amended in subsection (i)(1) by
striking out ``$50,000'' and inserting in lieu thereof ``$100,000''.
SEC. 362. 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 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 may transfer personal
property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense; and
``(2) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment.
``(c) Consideration.--Personal property may be transferred under
this section without cost 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
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. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) Storage Authorized.--(1) Section 2634 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g)(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 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.--Section 406(h)(1) of title 37, United
States Code, is amended by striking out subparagraph (B) and inserting
in lieu thereof the following new subparagraph:
``(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 (g) of such section.''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 1997.
SEC. 364. CONTROL OF TRANSPORTATION SYSTEMS IN TIME OF WAR.
(a) Responsibility of Secretary of Defense.--Chapter 157 of title
10, United States Code is amended by adding at the end the following
new section:
``Sec. 2644. Control of transportation systems in time of war
``In time of war, the President, acting through the Secretary of
Defense, may take possession and assume control of all or any part of a
system of transportation to transport troops, war material, and
equipment, or for other purposes related to the emergency. So far as
necessary, the Secretary may use the transportation system to the
exclusion of other traffic.''.
(b) Conforming Repeals.--Sections 4742 and 9742 of title 10, United
States Code are repealed.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 447 of such title is amended by striking out the
item relating to section 4742.
(2) The table of sections at the beginning of chapter 947 of such
title is amended by striking out the item relating to section 9742.
(3) The table of sections at the beginning of chapter 157 of such
title 10 is amended by inserting after the item relating to section
2643 the following new item:
``2644. Control of transportation systems in time of war.''.
SEC. 365. 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 Amendment.--(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. 366. MODIFICATIONS TO ARMED FORCES RETIREMENT HOME ACT OF 1991.
(a) Term of Office.--Section 1515 of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 415) is amended--
(1) in subsection (e), by adding at the end the following:
``(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.''; and
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(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.''.
(b) Disposal of Real Property.--Section 1516(d) of such Act (24
U.S.C. 416(d)) is amended by striking out ``(d)'' and all that follows
through the end of paragraph (1) and inserting in lieu thereof the
following:
``(d) Disposal of Real Property.--(1) The Retirement Home Board may
dispose of real property of the Retirement Home by sale or otherwise,
except that the disposal may not occur until after the end of a period
of 30 legislative days or 60 calendar days, whichever is longer,
beginning on the date on which the Retirement Home Board notifies the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives of the proposed disposal. The
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.), section 501 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411), and any other provision of law or regulation
relating to the handling or disposal of real property by the United
States shall not apply to the disposal of real property by the
Retirement Home Board.''.
(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.''.
(d) Effect of Amendment.--The amendment made by subsection (a)(2)
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 in effect before the date of the
enactment of this Act.
SEC. 367. 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) $50,000,000 shall be available for providing
educational agencies assistance (as defined in subsection
(d)(1)) to local educational agencies; and
(2) $8,000,000 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. 368. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY TRAINING
BASES TRANSFERRED TO NATIONAL GUARD.
(a) Military Training Installations Affected.--This section applies
with respect to each military training installation that--
(1) was approved for closure in 1995 under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note);
(2) is scheduled for transfer during fiscal year 1997 to
National Guard operation and control; and
(3) will continue to be used, after such transfer, to
provide training support to active and reserve components of
the Armed Forces.
(b) Retention of Employee Positions.--In the case of a military
training installation described in subsection (a), the Secretary of
Defense 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.
(c) Maximum Positions Retained.--The maximum number of civilian
employee positions retained at an installation under this section shall
not exceed 20 percent of the Federal civilian workforce employed at the
installation as of September 8, 1995.
(d) Removal of Position.--The requirement to maintain a civilian
employee position at an installation under this section shall terminate
upon the later of the following:
(1) The date of the departure or retirement of the civilian
employee initially employed or retained in a civilian employee
position at the installation as a result of this section.
(2) The date on which the Secretary certifies to Congress
that a civilian employee position at the installation is no
longer required to ensure that effective support is provided at
the installation for active and reserve component training.
SEC. 369. 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 the
following: ``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),''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1997, as follows:
(1) The Army, 495,000.
(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.
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.''.
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:
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) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on September 1, 1997, except that with the approval
of the Secretary of Defense the Secretary of a military department may
prescribe an earlier date for that Secretary's military department. Any
such date shall be published in the Federal Register.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1997.--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, 108,843.
(6) The Air Force Reserve, 73,281.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component for a fiscal year
shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1997, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,378.
(6) The Air Force Reserve, 625.
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,
22,906.
(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 (and the
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,''.
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
$70,206,030,000. 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--Personnel Management
SEC. 501. AUTHORIZATION FOR SENIOR ENLISTED MEMBERS TO REENLIST FOR AN
INDEFINITE PERIOD OF TIME.
Subsection (d) of section 505 of title 10, United States Code, is
amended to read as follows:
``(d)(1) For a member with less than 10 years of service, 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 periods of at least two but not more
than six years.
``(2) At the discretion of the Secretary concerned, a member with
10 or more years of service who reenlists in the Regular Army, Regular
Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard,
as the case may be, and who meets all qualifications for continued
service, may be accepted for reenlistment of an unspecified period of
time.''.
SEC. 502. AUTHORITY TO EXTEND ENTRY ON ACTIVE DUTY UNDER THE DELAYED
ENTRY PROGRAM.
Section 513(b) of title 10, United States Code, is amended--
(1) by adding after the first sentence the following new
sentence: ``The Secretary concerned may extend the 365-day
period for any person for up to an additional 180 days if the
Secretary considers such extension to be warranted on a case-
by-case basis.''; and
(2) in the last sentence, by striking out ``the preceding
sentence'' and inserting in lieu thereof ``under this
subsection''.
SEC. 503. PERMANENT AUTHORITY FOR NAVY SPOT PROMOTIONS FOR CERTAIN
LIEUTENANTS.
Section 5721 of title 10, United States Code, is amended by
striking out subsection (g).
SEC. 504. 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.
(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
report referred to in subsection (a) and shall submit a report to
Congress, not later than one year after the date of enactment of this
Act, providing the Comptroller General's findings and recommendations.
SEC. 505. 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''.
SEC. 506. REPEAL OF REQUIREMENT THAT COMMISSIONED OFFICERS BE INITIALLY
APPOINTED IN A RESERVE GRADE.
Section 532 of title 10, United States Code, is amended by striking
out subsection (e).
SEC. 507. 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. 508. 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 after ``industrial-
type activities'' the following: ``, the Major Range and Test
Facility Base,''; and
(2) by adding at the end the following new subsection:
``(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.''.
Subtitle B--Reserve Component Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AUTHORITY.
(a) IRR Members Subject To Order to Active Duty Other Than During
War or National Emergency.--Section 10144 of title 10, United States
Code, is amended--
(1) by inserting ``(a)'' before ``Within the Ready
Reserve''; and
(2) by adding at the end the following:
``(b)(1) Within the Individual Ready Reserve of each reserve
component there is a mobilization category of members, as designated by
the Secretary concerned, who are subject to being ordered to active
duty involuntarily in accordance with section 12304 of this title. A
member may not be placed in that mobilization category unless--
``(A) the member volunteers for that category; and
``(B) the member is selected for that category by the
Secretary concerned, based upon the needs of the service and
the grade and military skills of that member.
``(2) A member of the Individual Ready Reserve may not be carried
in the mobilization category of members under paragraph (1) after the
end of the 24-month period beginning on the date of the separation of
the member from active service.
``(3) The Secretary shall designate the grades and critical
military skills or specialities of members to be eligible for placement
in such mobilization category.
``(4) A member in such mobilization category shall be eligible for
benefits (other than pay and training) as are normally available to
members of the Selected Reserve, as determined by the Secretary of
Defense.''.
(b) Criteria for Ordering to Active Duty.--Subsection (a) of
section 12304 of title 10, United States Code, is amended by inserting
after ``of this title),'' the following: ``or any member in the
Individual Ready Reserve mobilization category and designated as
essential under regulations prescribed by the Secretary concerned,''.
(c) Maximum Number.--Subsection (c) of such section is amended--
(1) by inserting ``and the Individual Ready Reserve'' after
``Selected Reserve''; and
(2) by inserting ``, of whom not more than 30,000 may be
members of the Individual Ready Reserve'' before the period at
the end.
(d) Conforming Amendments.--Such section is further amended--
(1) in subsection (f), by inserting ``or Individual Ready
Reserve'' after ``Selected Reserve'';
(2) in subsection (g), by inserting ``, or member of the
Individual Ready Reserve,'' after ``to serve as a unit''; and
(3) by adding at the end the following new subsection:
``(i) For purposes of this section, the term `Individual Ready
Reserve mobilization category' means, in the case of any reserve
component, the category of the Individual Ready Reserve described in
section 10144(b) of this title.''.
(e) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during war or
national emergency''.
(2) The item relating to section 12304 in the table of sections at
the beginning of chapter 1209 of such title is amended to read as
follows:
``12304. Selected Reserve and certain Individual Ready Reserve members;
order to active duty other than during war
or national emergency''.
SEC. 512. 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 and professional development opportunities
consistent with those provided to other members on active duty, as the
Secretary concerned sees fit.''.
SEC. 513. CLARIFICATION TO 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 ``a member
of a reserve component''.
SEC. 514. APPOINTMENT ABOVE GRADE OF 0-2 IN THE NAVAL RESERVE.
Paragraph (3) of section 12205(b) of title 10, United States Code,
is amended by inserting ``or the Seaman to Admiral Program'' before the
period at the end.
SEC. 515. 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. 516. 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. During Operation
Joint Endeavor, a number of Reservists who are currently living and
working abroad and who were involuntarily ordered to active duty in
support of that operation did in fact face reemployment problems with
their civilian employers. 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. 517. 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.''.
Subtitle C--Jurisdiction and Powers of Courts-Martial for the National
Guard When Not in Federal Service
SEC. 531. COMPOSITION, JURISDICTION, AND PROCEDURES OF COURTS-MARTIAL.
Section 326 of title 32, United States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the text of
the section;
(2) by striking out the second sentence and inserting in
lieu thereof the following: ``They shall follow substantially
the forms and procedures provided for those courts and shall
provide accused members of the National Guard the rights and
protections provided in those courts.''; and
(3) by adding at the end the following:
``(b) Courts-martial of the National Guard not in Federal service
do not have jurisdiction over those persons who are subject to the
jurisdiction of a court-martial pursuant to section 802 of title 10.
``(c) A court-martial of the National Guard not in Federal service
shall have such jurisdiction and powers, consistent with the provisions
of this chapter, as may be provided by the law of the State or
Territory, Puerto Rico, or District of Columbia in which the court-
martial is convened.''.
SEC. 532. GENERAL COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 327 of title
32, United States Code, is amended by inserting ``or adjutant general''
after ``governor''.
(b) Punishments.--Subsection (b) of such section is amended to read
as follows:
``(b) A general court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $500 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $500 for a single offense or any forfeiture of pay
for not more than six months.
``(3) A reprimand.
``(4) Dismissal, bad conduct discharge, or dishonorable
discharge.
``(5) In the case of an enlisted member, reduction to a
lower grade.
``(6) Confinement for not more than 180 days.
``(7) Any combination of the punishments specified in
paragraphs (1) through (6).''.
(c) Limitation on Punitive Discharges.--Such section is further
amended by adding at the end the following new subsection:
``(c)(1) A dismissal or bad conduct or dishonorable discharge may
not be adjudged unless counsel was detailed to represent the accused
and a military judge was detailed to the trial.
``(2) In a case in which the sentence adjudged includes dismissal
or a bad conduct or dishonorable discharge, a verbatim record of the
proceedings shall be made.''.
SEC. 533. SPECIAL COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 328 of title
32, United States Code, is amended by inserting ``, if a National Guard
officer,'' after ``the commanding officer''.
(b) Punishments.--Subsection (b) of such section is amended to read
as follows:
``(b) A special court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $300 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $300 for a single offense, but adjudged forfeiture of
pay may not exceed two-thirds pay per month and forfeitures may
not extend for more than six months.
``(3) A reprimand.
``(4) Bad conduct discharge.
``(5) In the case of an enlisted member, reduction to a
lower grade.
``(6) Confinement for not more than 100 days.
``(7) Any combination of the punishments specified in
paragraphs (1) through (6).''.
(c) Limitation on Bad Conduct Discharges.--Subsection (c) of such
section is amended to read as follows:
``(c)(1) A bad conduct discharge may not be adjudged unless counsel
was detailed to represent the accused and a military judge was detailed
to the trial.
``(2) In a case in which the sentence adjudged includes a bad
conduct discharge, a verbatim record of the proceedings shall be
made.''.
SEC. 534. SUMMARY COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 329 of title
32, United States Code, is amended--
(1) by inserting ``, if a National Guard officer,'' after
``the commanding officer''; and
(2) by inserting after the first sentence the following new
sentence: ``Summary courts-martial may also be convened by
superior authority.''.
(b) Jurisdiction.--Subsection (a) of such section is further
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) A summary court-martial may not try a commissioned
officer.''.
(c) Punishments.--Subsection (b) of such section is amended to read
as follows:
``(b) A summary court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $200 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $200 for a single offense, but not to exceed two-
thirds of one month's pay.
``(3) Reduction to a lower grade.
``(4) Any combination of the punishments specified in
paragraphs (1) through (3).''.
(d) Consent of Accused for Summary Court-Martial.--Such section is
further amended by adding at the end the following new subsection:
``(c) An accused with respect to whom summary courts-martial have
jurisdiction may not be brought to trial before a summary court-martial
if the accused objects thereto. If an accused so objects to trial by
summary court-martial, the convening authority may order trial by
special or general court-martial, as may be appropriate.''.
SEC. 535. REPEAL OF AUTHORITY FOR CONFINEMENT IN LIEU OF FINE.
Section 330 of title 32, United States Code, is repealed.
SEC. 536. APPROVAL OF SENTENCE OF BAD CONDUCT DISCHARGE OR CONFINEMENT.
(a) In General.--Section 331 of title 32, United States Code, is
amended by striking out ``or dishonorable discharge'' and inserting in
lieu thereof ``, bad conduct discharge, dishonorable discharge, or
confinement for three months or more''.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows:
``Sec. 331. Sentences requiring approval of governor''.
SEC. 537. AUTHORITY OF MILITARY JUDGES.
Section 332 of title 32, United States Code, is amended by
inserting ``or military judge'' after ``the president''.
SEC. 538. STATUTORY REORGANIZATION.
(a) New Title 32 Chapter.--(1) Title 32, United States Code, is
amended by inserting after section 325 the following:
``CHAPTER 4--COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL
SERVICE
``Sec.
``401. Courts-martial: composition, jurisdiction, and procedures.
``402. General courts-martial.
``403. Special courts-martial.
``404. Summary courts-martial.
``405. Sentences requiring approval of governor.
``406. Compelling attendance of accused and witnesses.
``407. Execution of process and sentence.''.
(2) The table of chapters at the beginning of such title is amended
by inserting after the item relating to chapter 3 the following new
item:
``4. Courts-Martial for the National Guard When not in 401''.
Federal Service.
(3) The table of sections at the beginning of chapter 3 of such
title is amended by striking out the items relating to sections 326
through 333.
(b) Redesignation of Sections.--The following sections of title 32,
United States Code (as amended by this subtitle), are redesignated as
follows:
Section
Redesignated section
326.......................................... 401
327.......................................... 402
328.......................................... 403
329.......................................... 404
331.......................................... 405
332.......................................... 406
333.......................................... 407
(c) Section Headings.--The headings for sections 401, 402, 403, and
404 of title 32, United States Code, as redesignated by subsection (b),
are amended by striking out ``of National Guard not in Federal
service''.
SEC. 539. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on the date
of the enactment of this Act, except that for an offense committed
before that date the maximum punishment shall be the maximum punishment
in effect at the time of the commission of the offense.
SEC. 540. CONFORMING AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE.
(a) Article 20.--Section 820 of title 10, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Subject to'';
(2) by striking out the second and third sentences and
inserting in lieu thereof the following:
``(b) An accused with respect to whom summary courts-martial have
jurisdiction may not be brought to trial before a summary court-martial
if the accused objects thereto. If an accused so objects to trial by
summary court-martial, the convening authority may order trial by
special or general court-martial, as may be appropriate.''; and
(3) by designating as subsection (c) the sentence beginning
``Summary courts-martial may,''.
(b) Article 54.--Section 854(c)(1) of such title is amended by
striking out ``complete record of the proceedings and testimony'' and
inserting in lieu thereof ``verbatim record of the proceedings''.
Subtitle D--Education and Training Programs
SEC. 551. 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. 552. 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.''.
(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. 553. ROTC SCHOLARSHIP STUDENT PARTICIPATION IN SIMULTANEOUS
MEMBERSHIP PROGRAM.
Section 2103 of title 10, United States Code, is amended by adding
after subsection (e), as added by section 552, the following new
subsection:
``(f) The Secretary of Defense shall ensure that, in carrying out
the program, the Secretaries of the military departments permit any
person who is receiving financial assistance under section 2107 of this
title simultaneously to be a member of the Selected Reserve.''.
SEC. 554. EXPANSION OF ROTC ADVANCED TRAINING PROGRAM TO INCLUDE
GRADUATE STUDENTS.
(a) In General.--Section 2107(c) of title 10, United States Code,
is amended by inserting before the last sentence the following new
sentence: ``The Secretary of the military department concerned may
provide similar financial assistance 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.''.
(b) Definitional Change.--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''.
SEC. 555. RESERVE CREDIT FOR MEMBERS OF ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Service Credit.--Section 2126 of title 10, United States Code,
is amended--
(1) by striking out ``Service performed'' and inserting in
lieu thereof ``(a) General Rule Against Provision of Service
Credit.--Except as provided in subsection (b), service
performed''; and
(2) by adding at the end the following:
``(b) Service Credit for Certain Purposes.--(1) This subsection
applies with respect to a member of the Selected Reserve who--
``(A) completed a course of study under this subchapter as
a member of the program;
``(B) completed 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) Upon satisfactory completion of a year of service in the
Selected Reserve by a member of the Selected Reserve described in
paragraph (1), the Secretary concerned may credit the member with a
maximum of 50 points creditable toward the computation of the member's
years of service under section 12732(a)(2) of this title for one year
of participation in a course of study under this subchapter. Not more
than four years of participation in a course of study under this
subchapter may be considered under this paragraph.
``(3) In the case of a member of the Selected Reserve described in
paragraph (1), the Secretary concerned may also credit the service of
the member while pursuing a course of study under this subchapter, but
not to exceed a total of four years, for purposes of computing years of
service creditable under section 205 of title 37.
``(c) Limitations.--(1) A member of the Selected Reserve relieved
of any portion of the minimum active duty obligation imposed under
section 2123(a) of this title may not receive any point or service
credit under subsection (b).
``(2) A member of the Selected Reserve awarded points or service
credit under subsection (b) shall not be considered to have been in an
active status, by reason of the award of the points or credit, while
pursuing a course of study under this subchapter for purposes of any
provision of law other than section 12732(a)(2) of this title and
section 205 of title 37.''.
(b) Retroactivity Barred.--A member of the Selected Reserve is not
entitled to any retroactive award or increase in pay or allowances as a
result of the amendments made by subsection (a).
(c) Effective Date.--The amendments made by this section shall
apply to individuals receiving financial assistance under section 2107
of title 10, United States Code, after September 30, 1996.
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 5 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 a
corresponding 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 E--Other Matters
SEC. 561. 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 the race 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 biennial 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. 562. AUTHORITY OF A RESERVE JUDGE ADVOCATE TO ACT AS A NOTARY
PUBLIC.
(a) Notary Public Authority to Include Reserve Lawyers of the Armed
Forces.--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 not on active
duty'';
(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 not on
active duty''; 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 not on active duty,''.
(b) Ratification of Prior Notarial Acts.--Any notarial act
performed before the enactment of this Act, the validity of which has
not been challenged or negated in a case pending before or decided by a
court or administrative agency of competent jurisdiction, on or before
the date of the enactment of this Act, is hereby confirmed, ratified,
and approved with full effect as if such act was performed after the
enactment of this Act.
SEC. 563. 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.
SEC. 564. EXCEPTED APPOINTMENT OF CERTAIN JUDICIAL NON-ATTORNEY STAFF
IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES.
Section 943(c) of title 10, United States Code, is amended--
(1) in the heading for the subsection, by inserting ``and
Certain Other'' after ``Attorney''; and
(2) in paragraph (1), by inserting ``and non-attorney
positions on the personal staff of a judge'' after ``Court of
Appeals for the Armed Forces''.
SEC. 565. 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.
SEC. 566. RESTORATION OF REGULATIONS PROHIBITING SERVICE OF HOMOSEXUALS
IN THE ARMED FORCES.
(a) Termination of Existing Administrative Policy.--Effective on
the date of the enactment of this Act, the following measures of the
executive branch are rescinded and shall cease to be effective:
(1) The memorandum of the Secretary of Defense to the
Secretaries of the military departments and the Chairman of the
Joint Chiefs of Staff dated July 19, 1993, that stated its
subject to be: ``Policy on Homsexual Conduct in the Armed
Forces''.
(2) The four-page document entitled ``Policy Guidelines on
Homsexual Conduct in the Armed Forces'' that was issued by the
Secretary of Defense as an attachment to the memorandum referred to in
paragraph (1).
(3) The revisions to Department of Defense directives
1332.30, 1332.14, and 1304.26 that were directed to be made by
the General Counsel of the Department of Defense by memorandum
dated February 28, 1994, to the Director of Administration and
Management of the Department of Defense.
(b) Reinstatement of Former Regulations.--Immediately upon the
enactment of this Act and effective as of the date of the enactment of
this Act--
(1) the Secretary of Defense shall reinstate the
regulations (including Department of Defense directives) of the
Department of Defense regarding service of homosexuals in the
Armed Forces that were in effect on January 19, 1993; and
(2) the Secretary of each military department shall
reinstate the regulations of that military department regarding
service of homosexuals in the Armed Forces that were in effect
on January 19, 1993.
(c) Revision Prohibited.--The regulations (including Department of
Defense directives) reinstated pursuant to subsection (b), insofar as
they relate to the service of homosexuals in the Armed Forces, may not
be revised except as specifically provided by a law enacted after the
enactment of this Act.
(d) Rule of Construction.--In the case of a conflict between the
regulations required to be prescribed by subsection (b) and the
provisions of section 654 of title 10, United States Code, or any other
provision of law, the requirements of such provision of law shall be
given effect.
(e) Restoration of Questioning of New Entrants into Military
Service.--(1) Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall issue instructions for the
resumption of questioning of potential new entrants into the Armed
Forces as to homosexuality in accordance with the policy and practices
of the Department of Defense as of January 19, 1993 (as reinstated
pursuant to subsection (b)).
(2) Section 571(d) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1673; 10 U.S.C. 654
note) is repealed.
SEC. 567. REENACTMENT AND MODIFICATION OF MANDATORY SEPARATION FROM
SERVICE FOR MEMBERS DIAGNOSED WITH HIV-1 VIRUS.
(a) Reenactment and Modification.--(1) Chapter 59 of title 10,
United States Code, is amended by inserting after section 1176 the
following:
``Sec. 1177. Members infected with HIV-1 virus: mandatory discharge or
retirement
``(a) Mandatory Separation.--(1) A member of the Army, Navy, Air
Force, or Marine Corps who is HIV-positive and who on the date on which
the medical determination is made that the member is HIV-positive has
less than 15 years of creditable service shall be separated. Such
separation shall be made on a date determined by the Secretary
concerned, which shall be as soon as practicable after the date on
which the medical determination is made that the member is HIV-positive
and not later than the last day of the second month beginning after
such date.
``(2) In determining the years of creditable service of a member
for purposes of paragraph (1)--
``(A) in the case of a member on active duty or full-time
National Guard duty, the member's years of creditable service
are the number of years of service of the member as computed
for the purpose of determining the member's eligibility for
retirement under any provision of law (other than chapter 61 or
1223 of this title); and
``(B) in the case of a member in an active status, the
member's years of creditable service are the number of years of
service creditable to the member under section 12732 of this
title.
``(b) Form of Separation.--The characterization of the service of
the member shall be determined without regard to the determination that
the member is HIV-positive.
``(c) Separation To Be Considered Involuntary.--A separation under
this section shall be considered to be an involuntary separation for
purposes of any other provision of law.
``(d) Counseling About Available Medical Care.--A member to be
separated under this section shall be provided information, in writing,
before such separation of the available medical care (through the
Department of Veterans Affairs and otherwise) to treat the member's
condition. Such information shall include identification of specific
medical locations near the member's home of record or point of
discharge at which the member may seek necessary medical care.
``(e) HIV-Positive Members.--A member shall be considered to be
HIV-positive for purposes of this section if there is serologic
evidence that the member is infected with the virus known as Human
Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated
with the acquired immune deficiency syndrome (AIDS) in the United
States. Such serologic evidence shall be considered to exist if there
is a reactive result given by an enzyme-linked immunosorbent assay
(ELISA) serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate samples. Any
such serologic test must be one that is approved by the Food and Drug
Administration.''.
(2) The table of sections at the beginning of chapter 59 of such
title is amended by inserting after the item relating to section 1176
the following new item:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United States Code,
as added by subsection (a), applies with respect to members of the
Army, Navy, Air Force, and Marine Corps determined to be HIV-positive
before, on, or after the date of the enactment of this Act. In the case
of a member of the Army, Navy, Air Force, or Marine Corps determined to
be HIV-positive before such date, the deadline for separation of the
member under subsection (a) of such section shall be determined from
the date of the enactment of this Act (rather than from the date of
such determination), except that no such member shall be separated by
reason of such section (without the consent of the member) before
October 1, 1996.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1997 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective on January 1, 1997,
the rates of basic pay and basic allowance for subsistence of members
of the uniformed services are increased by 3 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. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN
MEMBERS WITHOUT DEPENDENTS WHO SERVE ON SEA DUTY.
(a) Availability of Allowance.--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
subparagraph (B) or (C), a member'';
(2) by striking out the second sentence; and
(3) by adding at the end the following new subparagraphs:
``(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 under the jurisdiction of the
Secretary when the member is without dependents, 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) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-5 who are married
to each other, have no other dependents, and are simultaneously
assigned to sea duty are entitled to a single 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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 1997.
SEC. 603. 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 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.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) 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''.
(b) 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''.
(c) 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''.
(d) 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''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1997'' and inserting in lieu thereof ``September 30, 1998''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998,''.
(b) Special Pay for Health Care Professionals Who Serve in the
Selected Reserve in Critically Short Wartime Specialties.--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''.
(c) 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''.
(d) 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''.
(e) Special Pay for Enlisted Members of the Selected Reserve
Assigned to Certain High Priority Units.--Section 308d(c) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
(f) 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''.
(g) 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''.
(h) 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''.
(i) 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 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)''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. TEMPORARY LODGING EXPENSES OF MEMBER IN CONNECTION WITH FIRST
PERMANENT CHANGE OF STATION.
(a) Payment or Reimbursement Authorized.--Section 404a(a) of title
37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) in paragraph (2), by inserting ``or'' after
``Alaska;''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) from home of record or initial technical school to
first duty station;''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 1997.
SEC. 622. 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. 623. DISLOCATION ALLOWANCE AT A RATE EQUAL TO TWO AND ONE-HALF
MONTHS BASIC ALLOWANCE FOR QUARTERS.
(a) Section 407(a) of title 37, United States Code, is amended in
the matter preceding the paragraphs 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. 624. ALLOWANCE FOR TRAVEL PERFORMED IN CONNECTION WITH LEAVE
BETWEEN CONSECUTIVE OVERSEAS TOURS.
(a) Additional Deferral.--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 the participation of the member in a
critical operational mission, as determined by the Secretary concerned,
the member may defer the travel, under the regulations referred to in
paragraph (1), for a period not to exceed one year after the date on
which the member's participation in the critical operational mission
ends.''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply to members of the uniformed services participating, on or
after November 1, 1995, in critical operational missions designated by
the Secretary of Defense.
Subtitle D--Retired Pay, Survivior Benefits, and Related Matters
SEC. 631. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY TRAINING
CREDITABLE TOWARDS RESERVE RETIREMENT.
(a) Increase in Limit.--Section 12733(3) is amended by inserting
before the period at the end the following: ``before the year 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''.
(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. 632. AUTHORITY FOR RETIREMENT IN GRADE IN WHICH A MEMBER HAS BEEN
SELECTED FOR PROMOTION WHEN A PHYSICAL DISABILITY
INTERVENES.
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. 633. ELIGIBILITY FOR RESERVE DISABILITY RETIREMENT FOR RESERVES
INJURED WHILE AWAY FROM HOME OVERNIGHT FOR INACTIVE-DUTY
TRAINING.
Section 1204(2) of title 10, United States Code, is amended by
inserting before the semicolon at the end the following: ``or is
incurred in line of duty 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 from the member's residence''.
SEC. 634. 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 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 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 October 1, 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 October 1, 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 October 1, 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. 635. 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. 636. TECHNICAL CORRECTION TO PRIOR AUTHORITY FOR PAYMENT OF BACK
PAY 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 determined that
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. 637. 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. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM INCOME
WIDOWS.
(a) Payments To Be Made by Secretary of Veterans Affairs.--Section
4 of Public Law 92-425 (10 U.S.C. 1448 note) is 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 this title do not apply.
``(3) The Secretary concerned shall promptly notify the Secretary
of Veterans Affairs of any change in beneficiaries under this
section.''.
(b) Effective Date.--Subsection (e) of section 4 of Public Law 92-
425, as added by subsection (a), shall apply with respect to payments
of benefits for any month after June 1997.
SEC. 639. 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.
``(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 the person for at least one
year immediately before the person's 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 retirement,
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 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 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
person notified 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 or approved by a
court order, or (II) has been filed with the
court of appropriate jurisdiction in accordance
with applicable 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 of age, 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 compensation; 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) Officer with enlisted service who is not yet eligible
to retire as an officer.--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 offset computation.--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 provision of
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
retirees.--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 $421 (as adjusted
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 through reserve-component
annuity coverage under the Plan.
``(ii) Amount under pre-flat-rate
reduction.--An amount equal to 2\1/2\ percent
of the first $421 (as adjusted 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 after January 1, 1996, 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 after January 1, 1996. 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 shall be 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 under this 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.--
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 amount
sufficient 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.''.
Subtitle E--Other Matters
SEC. 651. TECHNICAL CORRECTION CLARIFYING ABILITY OF CERTAIN MEMBERS TO
ELECT NOT TO OCCUPY GOVERNMENT QUARTERS.
Effective July 1, 1996, 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. 652. 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''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. MEDICAL AND DENTAL CARE FOR RESERVE COMPONENT MEMBERS IN A
DUTY STATUS.
(a) Availability of Medical and Dental Care.--(1) Section 1074a of
title 10, United States Code, is amended to read as follows:
``Sec. 1074a. Medical and dental care: reserve component members in a
duty status
``(a) Health Care Described.--A person described in subsection (b)
is entitled to the medical and dental care appropriate for the
treatment of the injury, illness, or disease of the person until the
person completes treatment and is physically able to resume the
military duties of the person or has completed processing in accordance
with chapter 61 of this title.
``(b) Members Entitled to Care.--Under joint regulations prescribed
by the administering Secretaries, the following persons are entitled to
the benefits described in this section:
``(1) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease in the line of duty
while performing--
``(A) active duty, including active duty for
training and annual training duty, or full-time
National Guard duty; or
``(B) inactive-duty training, regardless of whether
the member is in a pay or nonpay status.
``(2) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease while traveling
directly to or from the place at which that member is to
perform or has performed--
``(A) active duty, including active duty for
training and annual training duty, or full-time
National Guard duty, or
``(B) inactive-duty training, regardless of whether
the member is in a pay or nonpay status.
``(3) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease in the line of duty
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 of inactive-duty
training is outside reasonable commuting distance from the
member's residence.
``(c) Additional Benefits.--(1) At the request of a person
described in paragraph (1)(A) or (2)(A) of subsection (b), the person
may continue on active duty or full-time National Guard duty during any
period of hospitalization resulting from the injury, illness, or
disease.
``(2) A person described in subsection (b) is entitled to the pay
and allowances authorized in accordance with subsections (g) and (h) of
section 204 of title 37.
``(d) Limitation.--A person described in subsection (b) is not
entitled to benefits under this section if the injury, illness, or
disease, or aggravation of the injury, illness, or disease, is the
result of the gross negligence or misconduct of the person.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 55 of title 10, United States Code, is amended
to read as follows:
``1074a. Medical and dental care: reserve component members in a duty
status.''.
(b) Annual Medical and Dental Screenings and Care for Certain
Selected Reserve Members.--Section 10206 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) The Secretary of the Army shall provide to members of the
Selected Reserve of the Army who are assigned to units scheduled for
deployment within 75 days after mobilization the following medical and
dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a full
physical examination not less often than once every two years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual dental
screening as required to ensure that a member meets the dental
standards required for deployment in the event of mobilization.
``(2) The services provided under this subsection shall be provided
at no cost to the member.''.
SEC. 702. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND PROSTATE
CANCER.
(a) Members and Former Members.--(1) Subsection (a) of section
1074d of title 10, United States Code, is amended--
(A) by inserting ``(1)'' before ``Female''; and
(B) 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.''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 1074d. Primary and preventive health care services
(B) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as
follows:
``1074d. Primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
Subtitle B--TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM.
For purposes of this subtitle, 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. 712. 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 ``emergency''.
SEC. 713. IMPROVED INFORMATION EXCHANGE BETWEEN MILITARY TREATMENT
FACILITIES AND TRICARE PROGRAM CONTRACTORS.
(a) Uniform Interfaces.--With respect to the automated medical
information system being developed by the Department of Defense and
known as the Composite Health Care System, the Secretary of Defense
shall ensure that 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) Phased Implementation.--The Secretary of Defense shall test the
uniform version of the Composite Health Care System required under
subsection (a) in one region of the TRICARE program for six months
before deploying the information system throughout the health care
delivery system of the uniformed services.
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; 95 Stat. 603) and that, before the date of the enactment of
this Act, was deemed to be a facility of the uniformed services
for the purposes of chapter 55 of title 10, United States Code.
The term includes any legal successor in interest of the
transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the TRICARE
PRIME option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED SERVICES
HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system of the
uniformed services shall include the designated providers.
(b) Agreements to Provide Managed Health Care Services.--(1) After
consultation with the other administering Secretaries, the Secretary of
Defense shall negotiate and enter into an agreement with each
designated provider, under which the designated provider will provide
managed health care services to covered beneficiaries who enroll with
the designated provider.
(2) The agreement shall be entered into on a sole source basis. The
Federal Acquisition Regulation, except for those requirements regarding
competition, issued pursuant to section 25(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)) shall apply to the agreements
as acquisitions of commercial items.
(3) The implementation of an agreement is subject to availability
of funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier effective
date is agreed upon by the Secretary and the designated provider, the
agreement shall take effect upon the later of the following:
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider whose
service area includes Seattle, Washington, shall implement its
agreement as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation Agreements.--
The Secretary shall extend the participation agreement of a designated
provider in effect immediately before the date of the enactment of this
Act under section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) until the
agreement required by this section takes effect under subsection (c).
(e) Service Area.--The Secretary may not reduce the size of the
service area of a designated provider below the size of the service
area in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1) Unless
otherwise agreed upon by the Secretary and a designated provider, the
designated provider shall comply with necessary and appropriate
administrative requirements established by the Secretary for other
providers of health care services and requirements established by the
Secretary of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C. 1395mm). The
Secretary and the designated provider shall determine and apply only
such administrative requirements as are minimally necessary and
appropriate. A designated provider shall not be required to comply with
a law or regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than five
percent of its primary care enrollment without the approval of the
Secretary, except in the case of primary care contracts between a
designated provider and a primary care contractor in force on the date
of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall offer to
enrollees the health benefit option prescribed and implemented by the
Secretary under section 731 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 1073 note),
including accompanying cost-sharing requirements.
(b) Time for Implementation of Benefit.--A designated provider
shall offer the health benefit option described in subsection (a) to
enrollees upon the later of the following:
(1) The date on which health care services within the
health care delivery system of the uniformed services are
rendered through the TRICARE program in the region in which the
designated provider operates.
(2) October 1, 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 after fiscal year
1997, the number of enrollees in managed care plans offered by
designated providers may not exceed 110 percent of the number of such
enrollees as of the first day of the immediately preceding fiscal year.
The Secretary may waive this limitation as provided in subsection
(a)(2).
(c) Retention of Current Enrollees.--An enrollee in the managed
care program of a designated provider as of September 30, 1997, or such
earlier date as the designated provider and the Secretary may agree
upon, shall continue receiving services from the designated provider
pursuant to the agreement entered into under section 722 unless the
enrollee disenrolls from the designated provider. Except as provided in
subsection (e), the administering Secretaries may not disenroll such an
enrollee unless the disenrollment is agreed to by the Secretary and the
designated provider.
(d) Additional Enrollment Authority.--Other covered beneficiaries
may also receive health care services from a designated provider,
except that the designated provider may market such services to, and
enroll, only those covered beneficiaries who--
(1) do not have other primary health insurance coverage
(other than medicare coverage) covering basic primary care and
inpatient and outpatient services; or
(2) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered
beneficiaries were users of the health care delivery system of
the uniformed services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a covered
beneficiary who desires to enroll in the managed care program of a
designated provider is also entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.), the covered beneficiary shall elect whether to receive health
care services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee who
subsequently violates the election made under this subsection and
receives benefits under part A of title XVIII of the Social Security
Act.
(f) Information Regarding Eligible Covered Beneficiaries.--The
Secretary shall provide, in a timely manner, a designated provider with
an accurate list of covered beneficiaries within the marketing area of
the designated provider to whom the designated provider may offer
enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection (b), the
Secretary shall require a private facility or health care provider that
is a health care provider under the Civilian Health and Medical Program
of the Uniformed Services to apply the payment rules described in
section 1074(c) of title 10, United States Code, in imposing charges
for health care that the private facility or provider provides to
enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed under
subsection (a) shall be subject to such modifications as the Secretary
considers appropriate. The Secretary may authorize a lower rate than
the maximum rate that would otherwise apply under subsection (a) if the
lower rate is agreed to by the designated provider and the private
facility or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations to
implement this section after consultation with the other administering
Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United States
Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the Secretary
and a designated provider, the form of payment for services provided by
a designated provider shall be full risk capitation. The capitation
payments shall be negotiated and agreed upon by the Secretary and the
designated provider. In addition to such other factors as the parties
may agree to apply, the capitation payments shall be based on the
utilization experience of enrollees and competitive market rates for
equivalent health care services for a comparable population to such
enrollees in the area in which the designated provider is located.
(b) Limitation on Total Payments.--Total capitation payments to a
designated provider shall not exceed an amount equal to the cost that
would have been incurred by the Government if the enrollees had
received their care through a military treatment facility, the TRICARE
program, or the medicare program, as the case may be.
(c) Establishment of Payment Rates on Annual Basis.--The Secretary
and a designated provider shall establish capitation payments on an
annual basis, subject to periodic review for actuarial soundness and to
adjustment for any adverse or favorable selection reasonably
anticipated to result from the design of the program.
(d) Alternative Basis for Calculating Payments.--After September
30, 1999, the Secretary and a designated provider may mutually agree
upon a new basis for calculating capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization
Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c
note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c note).
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997.
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 (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. AUTHORITY TO WAIVE OR REDUCE CHAMPUS DEDUCTIBLE AMOUNTS FOR
RESERVISTS CALLED TO ACTIVE DUTY IN SUPPORT OF
CONTINGENCY OPERATIONS.
Section 1079(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by inserting ``(1)'' after ``(b)'';
(3) in subparagraph (B), as so redesignated, by striking
out ``clause (3)'' and inserting in lieu thereof ``subparagraph
(C)'';
(4) in subparagraph (D), as so redesignated--
(A) by striking out ``this clause'' and inserting
in lieu thereof ``this subparagraph''; and
(B) by striking out ``clauses (2) and (3)'' and
inserting in lieu thereof ``subparagraphs (B) and
(C)''; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may waive or reduce the deductible
amounts required by subparagraphs (B) and (C) of paragraph (1) in the
case of the dependents of a member of a reserve component of the
uniformed services who serves on active duty in support of a
contingency operation under a call or order to active duty of less than
one year.''.
SEC. 733. 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) Except in an area in which the Secretary of Defense has
entered into an at-risk contract for the provision of health care
services, 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 costs lower than standard CHAMPUS for the required
services.''.
SEC. 734. CODIFICATION OF ANNUAL AUTHORITY TO CREDIT CHAMPUS REFUNDS TO
CURRENT YEAR APPROPRIATION.
(a) Codification.--(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 supporting the program in the year in
which the 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. 735. 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 Amendment.--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. 736. EXPANSION OF COLLECTION AUTHORITIES FROM THIRD-PARTY PAYERS.
(a) Expansion of Collection Authorities.--Section 1095 of title 10,
United States Code, is amended--
(1) in subsection (g)(1), by inserting ``or through'' after
``provided at'';
(2) in subsection (h)(1), by inserting before the period at
the end of the first sentence the following: ``and a workers'
compensation program or plan''; and
(3) in subsection (h)(2)--
(A) by striking ``organization and'' and inserting
in lieu thereof ``organization,''; and
(B) by inserting before the period at the end the
following: ``, and personal injury protection or
medical payments benefits in cases involving personal
injuries resulting from operation of a motor vehicle''.
(b) Inclusion of Third Party Payer in Collection Efforts.--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 a component of the Selected
Reserve for a period not less than twice as long as the
member's remaining active duty service obligation.
``(B) 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.
``(C) With the concurrence of the Secretary of Health and
Human Services, transfer of the active duty service obligation
to an obligation equal in time in the National Health Service
Corps under section 338C of the Public Health Service Act (42
U.S.C. 254m) and subject to all requirements and procedures
applicable to obligated members of the National Health Service
Corps.
``(D) 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) The Secretary of Defense shall prescribe regulations
describing the manner in which an alternative obligation may be given
under paragraph (1).''.
(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
comparable to the alternative obligations authorized in subparagraphs
(A) and (B) of section 2123(e)(1) of this title 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.
SEC. 742. EXCEPTION TO STRENGTH LIMITATIONS FOR PUBLIC HEALTH SERVICE
OFFICERS ASSIGNED TO 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. 743. CONTINUED OPERATION OF UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Closure Prohibited.--In light of the important role of the
Uniformed Services University of the Health Sciences in providing
trained health care providers for the uniformed services, Congress
reaffirms the requirement contained in section 922 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat 2829) that the Uniformed Services University of the Health
Sciences may not be closed.
(b) Budgetary Commitment to Continuation.--It is the sense of
Congress that the Secretary of Defense should budget for the operation
of the Uniformed Services University of the Health Sciences during
fiscal year 1998 at a level at least equal to the level of operations
conducted at the University during fiscal year 1995.
SEC. 744. 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.
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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
SEC. 801. 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. 2340 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. 802. EXCLUSION FROM CERTAIN POST-EDUCATION DUTY ASSIGNMENTS FOR
MEMBERS OF ACQUISITION CORPS.
Section 663(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary of Defense may exclude from the requirements of
paragraph (1) or (2) an officer who is a member of an Acquisition Corps
established pursuant to 1731 of this title if the officer--
``(A) has graduated from a senior level course of
instruction designed for personnel serving in critical
acquisition positions; and
``(B) is assigned, upon graduation, to a critical
acquisition position designated pursuant to section 1733 of
this title.''.
SEC. 803. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) Authority.--Section 845(a) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1721) is amended by inserting after ``Agency'' the following: ``, the
Secretary of a military department, or any other official designated by
the Secretary of Defense''.
(b) Period of Authority.--Section 845(c) of such Act is amended by
striking out ``3 years after the date of the enactment of this Act''
and inserting in lieu thereof ``on 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. 804. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR SYSTEMS.
Section 2302(5) of title 10, United States Code, is amended--
(1) by striking out ``$75,000,000 (based on fiscal year
1980 constant dollars)'' and inserting in lieu thereof
``$115,000,000 (based on fiscal year 1990 dollars)'';
(2) by striking out ``$300,000,000 (based on fiscal year
1980 constant dollars)'' and inserting in lieu thereof
``$540,000,000 (based on fiscal year 1990 constant dollars)'';
and
(3) by adding at the end the following: ``The Secretary of
Defense may adjust the amounts and the base fiscal year
provided in clause (A) on the basis of Department of Defense
escalation rates. An adjustment under this paragraph 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.''.
SEC. 805. 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)--
(A) by striking out ``and'' at the end of
subparagraph (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. 806. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR HUMANITARIAN
OR PEACEKEEPING OPERATIONS.
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.''.
SEC. 807. 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
and 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. 808. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Paragraphs (1) and (2) of section 831(j) of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) are each
amended by striking out ``1996'' and inserting in lieu thereof
``1997''.
Subtitle B--Other Matters
SEC. 821. AMENDMENT TO DEFINITION OF NATIONAL SECURITY SYSTEM UNDER
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT OF 1995.
Section 5142(a) of the Information Technology Management Reform Act
of 1996 (division E of Public Law 104-106; 110 Stat. 689; 40 U.S.C.
1452) is amended--
(1) by striking out ``or'' at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new paragraph:
``(6) involves the storage, processing, or forwarding of
classified information and is protected at all times by
procedures established for the handling of classified
information.''.
SEC. 822. 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) 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) 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) 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.
``(2) 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. 823. REPEAL OF ANNUAL REPORT BY ADVOCATE FOR COMPETITION.
Section 20(b) of the Office of Federal Procurement Policy Act (41
U.S.C. 418(b)) is amended--
(1) by striking out ``and'' at the end of paragraph (3)(B);
(2) by striking out paragraph (4); and
(3) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
SEC. 824. REPEAL OF BIANNUAL REPORT ON PROCUREMENT REGULATORY ACTIVITY.
Subsection (g) of section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) is repealed.
SEC. 825. REPEAL 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''.
SEC. 826. 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
contract; 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 ``that program,'' 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),'';
(2) in paragraph (1)--
(A) by striking out ``for that program under a
contract'' and inserting in lieu thereof ``for 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. 827. 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. 828. TESTING OF DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 2366 of title 10, United States Code, is
amended--
(1) by striking out ``survivability'' each place it appears
(including in the section heading) and inserting in lieu
thereof ``vulnerability''; and
(2) in subsection (b)--
(A) by striking out ``Survivability'' and inserting
in lieu thereof ``Vulnerability''; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Testing should begin at the component, subsystem, and
subassembly level, culminating with tests of the complete system
configured for combat.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 139 of such title is
amended to read as follows:
``2366. Major systems and munitions programs: vulnerability testing and
lethality testing required before full-
scale production.''.
SEC. 829. DEPENDENCY OF NATIONAL TECHNOLOGY AND INDUSTRIAL 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 with minimal
reliance 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.''.
(b) Assessment of Extent of United States Dependency on Foreign
Source Items.--Subsection (c) of section 2505 of such title is amended
to read as follows:
``(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
shall include the following:
``(1) An assessment of the overall degree of dependence by
the national technology and industrial base on such foreign
items, including a comparison with the degree of dependence
identified in the preceding assessment.
``(2) Identification of major systems (as defined in
section 2302 of this title) under development or production
containing such foreign items, including an identification of
all such foreign items for each system.
``(3) An analysis of the production or development risks
resulting from the possible disruption of access to such
foreign items, including consideration of both peacetime and
wartime scenarios.
``(4) An analysis of the importance of retaining domestic
production sources for the items specified in section 2534 of
this title.
``(5) A discussion of programs and initiatives in place to
reduce dependence by the national technology and industrial
base on such foreign items.
``(6) A discussion of proposed policy or legislative
initiatives recommended to reduce the dependence of the
national technology and industrial base on such foreign
items.''.
(c) Time for Completion of Next Defense Capability Assessment.--
Notwithstanding the schedule prescribed by the Secretary of Defense
under subsection (d) of section 2505 of title 10, United States Code,
the National Defense Technology and Industrial Base Council shall
complete the next defense capability assessment required under such
section not later than March 1, 1997.
SEC. 830. SENSE OF CONGRESS REGARDING TREATMENT OF DEPARTMENT OF
DEFENSE CABLE TELEVISION FRANCHISE AGREEMENTS.
It is the sense of Congress that the United States Court of Federal
Claims should transmit to Congress the report required by section 823
of Public Law 104-106 (110 Stat. 399) on or before the date specified
in that section.
SEC. 831. EXTENSION OF DOMESTIC SOURCE LIMITATION FOR VALVES AND
MACHINE TOOLS.
Subparagraph (C) of section 2534(c)(2) is amended by striking out
``1996'' and inserting in lieu thereof ``2001''.
SEC. 832. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE, SECURITY, POLICE,
PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT
AGENCIES.
(a) Extension of Demonstration Project.--Section 816 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2820) is amended by adding at the end the following
new subsection:
``(c) Duration of Project.--The authority to purchase services
under the demonstration project shall expire on September 30, 1998.''.
(b) Reporting Requirements.--Subsection (b) of such section is
amended by striking out ``, 1996'' and inserting in lieu thereof ``of
each of the years 1997 and 1998''.
SEC. 833. 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.
(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).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. ADDITIONAL REQUIRED REDUCTION IN DEFENSE ACQUISITION
WORKFORCE.
Section 906(d) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 405) is amended--
(1) in paragraph (1), by striking out ``during fiscal year
1996'' and all that follows and inserting in lieu thereof ``so
that--
``(A) the total number of such positions as of October 1,
1996, is less than the baseline number by at least 15,000; and
``(B) the total number of such positions as of October 1,
1997, is less than the baseline number by at least 40,000.'';
and
(2) 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 positions as of
October 1, 1995.''.
SEC. 902. 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 Department 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 limitation under that subsection with respect to
that fiscal year may be waived. 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 limitation under that subsection with respect to that
fiscal year may be waived. 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. 410) is repealed.
SEC. 903. 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 in the
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 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. 904. EXTENSION OF EFFECTIVE DATE FOR CHARTER FOR JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 905(b) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 404) is amended by striking
out ``January 31, 1997'' and inserting in lieu thereof ``January 31,
1998''.
SEC. 905. 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. 906. 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. 907. 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 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.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1997 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on National Security of the House of Representatives to
accompany 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 BUDGET REQUESTS FOR DEFENSE AIRBORNE
RECONNAISSANCE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure that in the
budget justification documents for any fiscal year there is set forth
separately amounts requested for each program, project, or activity
within the Defense Airborne Reconnaissance Program, with a unique
program element provided for funds requested for research, development,
test, and evaluation for each such program, project, or activity and a
unique procurement line item provided for funds requested for
procurement for each such program, project, or activity.
(b) Defense Budget.--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.
Subtitle B--Reports and Studies
SEC. 1021. 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
in southern Iraq.
(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. 1022. REPORT ON PROTECTION OF NATIONAL INFORMATION INFRASTRUCTURE.
(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 the national policy on protecting the national
information infrastructure against strategic attacks.
(b) Matters To Be Included.--The report shall include the
following:
(1) A description of the national policy and plans to meet
essential Government and civilian needs during a national
security emergency associated with a strategic attack on
elements of the national 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 critical national
infrastructures described under paragraph (1).
(c) Outstanding Issues.--The report shall also identify any
outstanding issues in need of further study and resolution, such as
technology and funding shortfalls, and legal and regulatory
considerations.
SEC. 1023. 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 military criminal investigative
organizations with respect to the manner in which interviews of
suspects and witnesses are conducted in connection with criminal
investigations. The purpose of the survey shall be to ascertain whether
or not investigators and agents from those organizations engage in
illegal, unnecessary, or inappropriate harassment and intimidation of
individuals being interviewed.
(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 military
criminal investigative organizations engage in illegal or
inappropriate practices in connection with interviews of
suspects in or witnesses to crimes.
(2) The extent to which the interview policies established
by the Department of Defense directive or service regulation
are adequate to instruct and guide investigators in the proper
conduct of subject and witness interviews.
(3) The desirability and feasibility of requiring the video
and audio recording of all interviews.
(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 directives or regulations
specify a prohibition against the display by agents of those
organizations of weapons during interviews and the extent to
which agents conducting interviews inappropriately display
weapons during interviews.
(6) The extent to which existing directives or regulations
forbid agents of those organizations from making judgmental
statements during interviews regarding the guilt of the
interviewee or the consequences of failing to cooperate with
investigators, and the extent to which agents conducting
interviews nevertheless engage in such practices.
(7) Any recommendation for legislation to ensure that
investigators and agents of the military criminal investigative
organizations use legal and proper tactics during interviews in
connection with Department of Defense criminal investigations.
(c) Results of Interviews and Surveys.--The Comptroller General
shall include in the report under subsection (b) the results of
interviews and surveys conducted under subsection (a) with persons who
were witnesses or subjects in investigations conducted by military
criminal investigative organizations.
(d) Definition.--For the purposes of this section, the term
``military criminal investigative organization'' means any of the
following:
(1) The Army Criminal Investigation Command.
(2) The Air Force Office of Special Investigations.
(3) The Naval Criminal Investigative Service.
(4) The Defense Criminal Investigative Service.
Subtitle C--Other Matters
SEC. 1031. 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 1998 through 2001, the Secretary of Defense shall allocate to an
information systems security program, under a separate program element,
amounts as follows:
(1) For fiscal year 1998, 2.5 percent.
(2) For fiscal year 1999, 3.0 percent.
(3) For fiscal year 2000, 3.5 percent.
(4) For fiscal year 2001, 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
information security development, acquisition, and operations.
(c) Annual Report.--The Secretary of Defense shall submit to the
congressional defense committee and congressional intelligence
committees a report not later than April 15 of each year from 1998
through 2002 that describes information security objectives of the
Department of Defense, the progress made during the previous year in
meeting those objectives, and plans of the Secretary with respect to
meeting those objectives for the next fiscal year.
SEC. 1032. 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.--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. The Secretary of Defense shall make such
indemnification--
``(1) in the case of a claim for the loss of an aircraft
hull, not later than 30 days following the date of the
presentment of the claim to the Secretary of Transportation;
and
``(2) in the case of any other claim, not later than 180
days after the date on which the claim is determined by the
Secretary of Transportation to be payable.
``(b) Source of Funds for Payment of Indemnity.--The Secretary 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 those funds,
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) 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 added by
section 364(a), the following new section:
``Sec. 2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance
``(a) Prompt Indemnification Required.--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. The Secretary of Defense shall make such indemnification--
``(1) in the case of a claim for a loss to a vessel, not
later than 90 days following the date of the adjudication or
settlement of the claim by the Secretary of Transportation; and
``(2) in the case of any other claim, not later than 180
days after the date on which the claim is determined by the
Secretary of Transportation to be payable.
``(b) Source of Funds for Payment of Indemnity.--The Secretary 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.--(1) 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)).
``(2) In this subsection, 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)).
``(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 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.
``(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) 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) 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 364(c)(3), the following new item:
``2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance.''.
SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) Independence and Objectivity of Boards.--(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: independence and
objectivity
``(a) Required Membership of Boards.--Whenever the Secretary of a
military department convenes a aircraft accident investigation board to
conduct an accident investigation of an 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 voting members of the board are
selected from units outside the chain of command of the mishap
unit; and
``(2) at least one voting member of the board is an officer
or an employee assigned to the relevant service safety center.
``(b) Determination of Units Outside Same Chain of Command.--For
purposes of this section, a unit shall be considered to be outside the
chain of command of another unit if the two units do not have a common
commander in their respective chains of command below a position for
which the authorized grade is major general or rear admiral.
``(c) Mishap Unit Defined.--In this section, the term `mishap
unit', with respect to an aircraft accident investigation, means the
unit of the armed forces (at the squadron level or equivalent) to which
was assigned the flight crew of the aircraft that sustained the
accident that is the subject of the investigation.
``(d) Service Safety Center.--For purposes of this section, a
service safety center is the single office or separate operating agency
of a military department that has responsibility for the management of
aviation safety matters for that military department.''.
(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: independence and
objectivity.''.
(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. 1034. 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
``Under regulations prescribed by the Secretary concerned, funds
appropriated to the Department of Defense may be expended for small
meals and snacks during recruiting functions for the following persons:
``(1) Persons who have entered the Delayed Entry Program
under section 513 of this title and other persons who are the
subject of recruiting efforts.
``(2) Persons in communities who assist the military
departments in recruiting efforts.
``(3) Military or civilian personnel whose attendance at
such functions is mandatory.
``(4) Other persons whose presence at recruiting functions
will contribute to recruiting efforts.''.
(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. 1035. 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 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. 1036. 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. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC SECURITY
STUDIES.
(a) Acceptance of Contributions.--The Secretary of Defense may
accept, on behalf of the George C. Marshall European Center for
Security Studies, from any foreign nation any contribution of money or
services made by such nation to defray the cost of, or enhance the
operations of, the George C. Marshall European Center for Security
Studies. Such contributions may include guest lecturers, faculty
services, research materials, and other donations through foundations
or similar sources.
(b) Notice to Congress.--The Secretary of Defense shall notify
Congress if total contributions of money under subsection (a) exceed
$2,000,000 in any fiscal year. Any such notice shall list the nations
and the amounts of each such contribution.
(c) Marshall Center Attendance and Reporting Requirement.--(1) The
Secretary of Defense may authorize participation by a European or
Eurasian nation in Marshall Center programs if--
(A) the Secretary determines, after consultation with the
Secretary of State, that such participation is in the national
interest of the United States; and
(B) the Secretary determines that such participation
(notwithstanding any other provision of law) by that nation in
Marshall Center programs will materially contribute to the
reform of the electoral process or development of democratic
institutions or democratic political parties in that nation.
(2) The Secretary of Defense shall notify Congress of such
determination not less than 90 days in advance of any such
participation by such nation pursuant to the determination concerning
that nation.
(3) The Secretary of Defense shall submit to Congress an annual
report on the participation of European and Eurasian nations in
programs of the Marshall Center.
(d) Marshall Center Board of Visitors.--(1) In the case of any
United States citizen invited to serve without compensation on the
Marshall Center Board of Visitors, the Secretary of Defense may waive
any requirement for financial disclosure that would otherwise be
applicable to that person by reason of service on such Board of
Visitors.
(2) Notwithstanding section 219 of title 18, United States Code, a
non-United States citizen may serve on the Board even though registered
as a foreign agent.
SEC. 1038. PARTICIPATION OF MEMBERS, DEPENDENTS, AND OTHER PERSONS IN
CRIME PREVENTION EFFORTS AT INSTALLATIONS.
(a) Crime Prevention.--The Secretary of Defense shall prescribe
regulations intended to require 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.
(b) Sanctions.--As part of the regulations, the Secretary shall
consider the feasibility of imposing sanctions against a person
described in subsection (a), particularly a member of the Armed Forces,
who fails to report the occurrence of a crime or criminal activity as
required by the regulations.
(c) Report Regarding Implementation.--Not later than February 1,
1997, the Secretary shall submit to Congress a report describing the
plans of the Secretary to implement this section.
SEC. 1039. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Corrections in Statutory References.--
(1) Reference to command formerly known as the north
american air 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''.
(2) References to former naval records and history office
and fund.--(A) Section 7222 of title 10, United States Code, is
amended in subsections (a) and (c) by striking out ``Office of
Naval Records and History'' each place it appears and inserting
in lieu thereof ``Naval Historical Center''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 7222. Naval Historical Center Fund''.
(ii) 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.''.
(C) 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.''.
(3) 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)''.
(b) 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, by striking out ``, beginning
on October 1, 1993,'' in subsections (a) and (b);
(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 the table 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) 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 10542(b)(21) is amended by striking out
``261'' and inserting in lieu thereof ``12001''.
(21) Section 12205(a) is amended by striking out ``After
September 30, 1995, no person'' and inserting in lieu thereof
``No person''.
(c) 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 903(e)(1) (110 Stat. 402) is amended--
(A) in subparagraph (A), by striking out
``paragraphs (6) and (8)'' and inserting in lieu
thereof ``paragraph (6)''; and
(B) in subparagraph (B), by inserting ``(8),''
after ``(7),'' and by striking out ``and (9),'' and
inserting in lieu thereof ``(9), and (10),''.
(3) Section 1092(b)(2) (110 Stat. 460) is amended by
striking out the period at the end and inserting in lieu
thereof ``; and''.
(4) Section 4301(a)(1) (110 Stat. 656) is amended by
inserting ``of subsection (a)'' after ``in paragraph (2)''.
(5) 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''.
(d) 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.
(e) 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 and
inserting in lieu thereof ``An''.
(f) 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.
SEC. 1040. PROHIBITION ON CARRYING OUT SR-71 STRATEGIC RECONNAISSANCE
PROGRAM DURING FISCAL YEAR 1997.
The Secretary of Defense may not carry out any aerial
reconnaissance program during fiscal year 1997 using the SR-71
aircraft.
SEC. 1041. DEFENSE BURDENSHARING.
(a) Findings.--Congress makes the following findings:
(1) Although the Cold War has ended, the United States
continues to spend billions of dollars to promote regional
security and to make preparations for regional contingencies.
(2) United States defense expenditures primarily promote
United States national security interests; however, they also
significantly contribute to the defense of our allies.
(3) In 1993, the gross domestic product of the United
States equaled $6,300,000,000,000, while the gross domestic
product of other NATO member countries totaled
$7,200,000,000,000.
(4) Over the course of 1993, the United States spent 4.7
percent of its gross domestic product on defense, while other
NATO members collectively spent 2.5 percent of their gross
domestic product on defense.
(5) In addition to military spending, foreign assistance
plays a vital role in the establishment and maintenance of
stability in other nations and in implementing the United
States national security strategy.
(6) This assistance has often prevented the outbreak of
conflicts which otherwise would have required costly military
interventions by the United States and our allies.
(7) From 1990-1993, the United States spent $59,000,000,000
in foreign assistance, a sum which represents an amount greater
than any other nation in the world.
(8) In 1995, the United States spent over $10,000,000,000
to promote European security, while European NATO nations only
contributed $2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and a larger
defense budget than its European NATO allies, the United States
shoulders an unfair share of the burden of the common defense.
(10) Because of this unfair burden, the Congress previously
voted to require United States allies to bear a greater share
of the costs incurred for keeping United States military forces
permanently assigned in their countries.
(11) As a result of this action, for example, Japan now
pays over 75 percent of the nonpersonnel costs incurred by
United States military forces permanently assigned there, while
our European allies pay for less than 25 percent of these same
costs. Japan signed a new Special Measures Agreement this year
which will increase Japan's contribution toward the cost of
stationing United States troops in Japan by approximately
$30,000,000 a year over the next five years.
(12) These increased contributions help to rectify the
imbalance in the burden shouldered by the United States for the
common defense.
(13) The relative share of the burden of the common defense
still falls too heavily on the United States, and our allies
should dedicate more of their own resources to defending
themselves.
(b) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) For any nation in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States Government for stationing
United States military personnel in that nation, with a goal of
achieving the following percentages of such costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation under this
paragraph may include the elimination of taxes, fees, or other
charges levied on United States military personnel, equipment,
or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide, including United
Nations or regional peace operations.
(c) Authorities to Encourage Actions by United States Allies.--In
seeking the actions described in subsection (b) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation taxes, fees, or other charges
similar to those that such nation imposes on United States
forces stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1997, the Secretary of Defense shall submit to
Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in subsection (c), to achieve the actions described
in subsection (b); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best
allocation of budgetary resources, the President shall undertake a
review of the status of elements of the United States Armed Forces that
are permanently stationed outside the United States. The review shall
include an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule
of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the review
under paragraph (1). The report shall be submitted not later than March
1, 1997, in classified and unclassified form.
SEC. 1042. AUTHORITY TO TRANSPORT HEALTH PROFESSIONALS SEEKING TO
PROVIDE HEALTH-RELATED HUMANITARIAN RELIEF SERVICES.
Section 402 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and subject to
paragraph (2), the Secretary of Defense may transport to any country,
without charge, health professionals who are traveling in order to
furnish health-care related services as part of a humanitarian relief
activity. Such transportation may be provided only on an invitational
space-required noninterference basis.
``(2) Any expenses incurred as a direct result of providing such
transportation shall be paid out of funds specifically appropriated to
the Department of Defense for Overseas Humanitarian, Disaster, and
Civic Aid (OHDACA) programs of the Department.''.
SEC. 1043. TREATMENT OF EXCESS DEFENSE ARTICLES OF COAST GUARD UNDER
FOREIGN ASSISTANCE ACT OF 1961.
(a) Definition of Excess Defense Article.--Section 644(g) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)) is amended by adding
at the end the following new sentence: ``Such term includes excess
property of the Coast Guard.''.
(b) Conforming Amendment.--Section 517 of such Act (22 U.S.C.
2321k) is amended by striking out subsection (k).
SEC. 1044. FORFEITURE OF RETIRED PAY OF MEMBERS WHO ARE ABSENT FROM THE
UNITED STATES TO AVOID PROSECUTION.
(a) Development of Forfeiture Procedures.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall develop uniform procedures under which the Secretary of a
military department may cause to be forfeited the retired pay of a
member or former member of the uniformed services who willfully remains
outside the United States to avoid criminal prosecution or civil
liability. The types of offenses for which the procedures shall be used
shall include the offenses specified in section 8312 of title 5, United
States Code, and such other criminal offenses and civil proceedings as
the Secretary of Defense considers to be appropriate.
(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 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.--In 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.
SEC. 1045. 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. 1046. 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. 1047. FAILURE TO COMPLY WITH VETERANS' PREFERENCE REQUIREMENTS TO
BE TREATED AS A PROHIBITED PERSONNEL PRACTICE.
(a) In General.--An employee of the Department of Defense who has
authority to take, direct others to take, recommend, or approve any
personnel action, shall not, with respect to such authority, take or
fail to take any personnel action with respect to an employee or
applicant for employment if the taking of or failure to take such
action would violate any law, rule, or regulation implementing, or
directly concerning, veterans' preference.
(b) Effect of Noncompliance.--A failure to comply with subsection
(a) shall be treated as a prohibited personnel practice.
(c) Reporting Requirement.--The Secretary of Defense shall, not
later than 6 months after the date of the enactment of this Act, submit
a written report to each House of Congress with respect to--
(1) the implementation of this section; and
(2) the administration of veterans' preference requirements
by the Department of Defense generally.
(d) Definitions.--For the purpose of this section, the terms
``personnel action'' and ``prohibited personnel practice'' shall have
the respective meanings given them by section 2302 of title 5, United
States Code.
SEC. 1048. SENSE OF CONGRESS AND PRESIDENTIAL REPORT REGARDING NUCLEAR
WEAPONS PROLIFERATION AND POLICIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) intelligence investigations by the United States have
revealed transfers from the People's Republic of China to
Pakistan of sophisticated equipment important to the
development of nuclear weapons;
(2) 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'') as a nuclear-weapon state
on March 9, 1992;
(3) Article I of the NPT stipulates that a nuclear-weapon
state party to the treaty shall not in any way encourage,
assist, or induce any non-nuclear-weapon state to manufacture
or otherwise acquire nuclear weapons;
(4) the NPT establishes a non-nuclear-weapon state as one
which has not manufactured and exploded a nuclear weapon by
January 1, 1967;
(5) Pakistan had not manufactured and exploded a nuclear
weapon by January 1, 1967;
(6) Article III of the NPT requires each party to the
treaty not to provide to any non-nuclear-weapon state equipment
or material designed or prepared for the processing, use, or
production of special fissionable material, unless the material
is subject to the safeguards stipulated in the treaty;
(7) Pakistan has not acceded to the NPT, and nuclear-
related equipment and material provided to Pakistan is not
subject to international safeguards;
(8) under the NPT, assisting a non-nuclear-weapon state to
acquire unsafeguarded nuclear material important to the
manufacture of nuclear weapons is a violation of Articles I and
III of the NPT;
(9) this transfer constitutes the latest example in a
consistent pattern of nuclear weapon-related exports by the
People's Republic of China to non-nuclear-weapon states in
violation of international treaties and agreements and United
States laws relating to the nonproliferation of nuclear
weapons;
(10) failure to enforce the applicable sanctions available
under United States law in this case compromises vital security
interests and undermines the credibility of United States and
international efforts to discourage commerce in nuclear-related
equipment, technology, and materials;
(11) recent claims by senior Chinese officials that the
Government of the People's Republic of China was unaware of any
transfers of ring magnets by a goverment-owned entity, if true,
call into question the reliability and effectiveness of Chinese
export controls; and
(12) recent exports of sophisticated nuclear-related
technologies reduce the credibility of previous assurances by
the People's Republic of China concerning its nonproliferation
policies since the ratification of the NPT.
(b) Sense of Congress.--It is the sense of the Congress that in
responding to the transfer from the People's Republic of China to
Pakistan of equipment important to the development of a nuclear weapons
program--
(1) the President should not have decided that there was
not a sufficient basis to warrant a determination that
sanctionable activity occurred 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; and
(2) the President should have imposed the strongest
possible sanctions available under United States law on all
Chinese official and commercial entities associated directly or
indirectly with the research, development, sale,
transportation, or financing of any nuclear or military
industrial product or service made available for export since
March 9, 1992.
(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 on the
response of the United States to the transfer from the People's
Republic of China to Pakistan of equipment important to the development
of a nuclear weapons program. The President shall include in the report
the following:
(1) The specific justification of the Secretary of State
for determining that there was not 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 such
transfer from the People's Republic of China to 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) 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.
(4) 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.
(5) If the President is unable or unwilling to make the
certifications and reports referred to in paragraph (3), 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 Pakistan.
SEC. 1049. 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. 1050. 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 appropriate 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 December 31, 1996, the Secretary of
Defense shall submit to Congress a report on the results of the
evaluation conducted under subsection (a).
SEC. 1051. MISSION OF THE WHITE HOUSE COMMUNICATIONS AGENCY.
The Secretary of Defense shall ensure that the activities of the
White House Communications Agency (or any successor agency) in
providing support services for the President from funds appropriated
for the Department of Defense for any fiscal year (beginning with
fiscal year 1997) are limited to the provision of telecommunications
support to the President and Vice President and related elements (as
defined in regulations of that agency and specified by the President
with respect to particular individuals within those related elements).
SEC. 1052. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Authority To Transfer Naval Vessels.--The Secretary of the Navy
is authorized to transfer to other nations and instrumentalities
vessels as follows:
(1) Egypt.--To the Government of Egypt, the Oliver Hazard
Perry class frigate Gallery.
(2) Mexico.--To the Government of Mexico, the Knox class
frigates Stein (FF 1065) and Marvin Shields (FF 1066).
(3) New zealand.--To the Government of New Zealand, the
Stalwart class ocean surveillance ship Tenacious.
(4) Portugal.--To the Government of Portugal, the Stalwart
class ocean surveillance ship Audacious.
(5) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act)--
(A) the Knox class frigates Aylwin (FF 1081),
Pharris (FF 1094), and Valdez (FF 1096); and
(B) the Newport class tank landing ship Newport
(LST 1179).
(6) Thailand.--To the Government of Thailand, the Knox
class frigate Ouellet (FF 1077).
(b) Form of Transfer.--(1) Except as provided in paragraphs (2) and
(3), each transfer authorized by this section shall be made on a sales
basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761),
relating to the foreign military sales program.
(2) The transfer authorized by subsection (a)(4) shall be made on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j), relating to transfers of excess defense articles.
(3) The transfer authorized by subsection (a)(5)(B) shall be made
on a lease basis under section 61 of the Arms Export Control Act (22
U.S.C. 2796).
(c) Costs of Transfers.--Any expense of the United States in
connection with a transfer authorized by this section shall be charged
to the recipient.
(d) Expiration of Authority.--The authority granted by subsection
(a) shall expire at the end of the two-year period beginning on the
date of the enactment of this Act.
(e) Repair and Refurbishment of Vessels in United States
Shipyards.--The Secretary of the Navy shall require, to the maximum
extent possible, as a condition of a transfer of a vessel under this
section, that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, performed at a shipyard located
in the United States, including a United States Navy shipyard.
SEC. 1053. ANNUAL REPORT RELATING TO BUY AMERICAN ACT.
The Secretary of Defense shall submit to Congress, not later than
60 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. 1054. 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 weapons.
(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. 1055. SOUTHWEST BORDER STATES ANTI-DRUG INFORMATION SYSTEM.
It is the sense of Congress that the Federal Government should
support and encourage the full utilization of the Southwest Border
States Anti-Drug Information System.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1101. 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. 1102. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
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, $74,500,000.
(2) For elimination of strategic offensive weapons in
Russia, Ukraine, Belarus, and Kazakhstan, $52,000,000.
(3) For nuclear infrastructure elimination in Ukraine,
Belarus, and Kazakhstan, $47,000,000.
(4) For planning and design of a storage facility for
Russian fissile material, $46,000,000.
(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 $19,900,000.
SEC. 1103. 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 pursuant to this or any other Act may be
obligated or expended for the provision of assistance to Russia or any
other state of the former Soviet Union to promote defense conversion,
including assistance through the Defense Enterprise Fund.
SEC. 1104. 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 1997 required under section
1205(c) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2883).
SEC. 1105. 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 XII--RESERVE FORCES REVITALIZATION
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. Army Reserve Command.
``10172. Naval Reserve Force.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. Army Reserve Command
``(a) Establishment of Command.--The Secretary of the Army, with
the advice and assistance of the Chief of Staff of the Army, shall
establish a United States Army Reserve Command. The Army Reserve
Command shall be operated as a separate command of the Army.
``(b) Commander.--The Chief of Army Reserve is the commander of the
Army Reserve Command. The commander of the Army Reserve Command reports
directly to the Chief of Staff of the Army.
``(c) Assignment of Forces.--The Secretary of the Army--
``(1) shall assign to the Army Reserve Command all forces
of the Army 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 Army specified in section 3013 of this
title, shall assign all such forces assigned to the Army
Reserve Command under paragraph (1) to the commanders of the
combatant commands in the manner specified by the Secretary of
Defense.
``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
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.
(a) In General.--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. CODIFICATION OF ANNUAL AUTHORITY TO PAY TRANSIENT HOUSING
CHARGES OR PROVIDE LODGING IN KIND FOR MEMBERS PERFORMING
ACTIVE DUTY FOR TRAINING OR INACTIVE-DUTY TRAINING.
(a) Codification.--Section 404(j) of title 37, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking out ``annual training duty'' and
inserting in lieu thereof ``active duty for training'';
and
(B) by striking out ``the Secretary concerned may''
and all that follows through the period and inserting
in lieu thereof the following ``the Secretary concerned--
``(A) may reimburse the member for housing service charge
expenses incurred by the member in occupying transient
government housing during the performance of such duty; or
``(B) if transient government quarters are unavailable, may
provide the member with contract quarters as lodging in kind as
if the member were entitled to such an allowance under
subsection (a).''; and
(2) in paragraph (3), by inserting ``and expenses for
contract quarters'' after ``service charge expenses''.
(b) Conforming Repeal.--Section 8057 of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 663), is
repealed.
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. COMMENDATION OF 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 Armed Forces 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.
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.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Miscellaneous Matters
SEC. 1301. ONE-YEAR EXTENSION OF COUNTER- PROLIFERATION AUTHORITIES.
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''.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Limitation on Use of Funds.--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 strategic nuclear delivery systems specified in subsection (b).
(b) Specified Systems.--Subsection (a) applies with respect to the
following systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
SEC. 1303. CERTIFICATION REQUIRED BEFORE OBSERVANCE OF MORATORIUM ON
USE BY ARMED FORCES OF ANTIPERSONNEL LANDMINES.
Any moratorium imposed by law (whether enacted before, on, or after
the date of the enactment of this Act) on the use of antipersonnel
landmines by the Armed Forces may be implemented only if (and after)
the Secretary of Defense, after consultation with the Chairman of the
Joint Chiefs of Staff, certifies to Congress that--
(1) the moratorium will not adversely affect the ability of
United States forces to defend against attack on land by
hostile forces; and
(2) the Armed Forces have systems that are effective
substitutes for antipersonnel landmines.
SEC. 1304. DEPARTMENT OF DEFENSE DEMINING PROGRAM.
Section 401(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of assistance described in subsection (e)(5),
expenses that may be paid out of funds appropriated pursuant to
paragraph (1) include--
``(A) expenses for travel, transportation, and subsistence
of members of the armed forces participating in activities
described in that subsection; and
``(B) the cost of equipment, supplies, and services
acquired for the purpose of carrying out or directly supporting
activities described in that subsection.''.
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 the development of advanced intelligence, surveillance,
and reconnaissance capabilities, including gaining access to
commercial or third-party systems with military significance.
(2) Efforts by the People's Republic of China to develop
highly accurate and stealthy ballistic and cruise missiles,
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
command and control networks, particularly those capable of
battle management of 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 for military
purposes, including commercial land surveillance satellites,
particularly those signs indicative of an attempt to increase
accuracy of weapons or 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. 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 Joint Defense 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. 1307. 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. 1308. 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'' (hereinafter 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) 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 responsibilities.
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.
TITLE XIV--SIKES ACT IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Sikes Act Improvement Amendments
of 1996''.
SEC. 1402. DEFINITION OF SIKES ACT FOR PURPOSES OF AMENDMENTS.
In this title, the term ``Sikes Act'' means the Act entitled ``An
Act to promote effectual planning, development, maintenance, and
coordination of wildlife, fish, and game conservation and
rehabilitation in military reservations'', approved September 15, 1960
(16 U.S.C. 670a et seq.), commonly referred to as the ``Sikes Act''.
SEC. 1403. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting
before title I the following new section:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sikes Act'.''.
SEC. 1404. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS.
(a) Plans Required.--Section 101(a) of the Sikes Act (16 U.S.C.
670a(a)) is amended--
(1) by striking out ``is authorized to'' and inserting in
lieu thereof ``shall'';
(2) by striking out ``in each military reservation in
accordance with a cooperative plan'' and inserting in lieu
thereof the following: ``on military installations. Under the
program, the Secretary shall prepare and implement for each
military installation in the United States an integrated
natural resource management plan'';
(3) by inserting after ``reservation is located'' the
following: ``, except that the Secretary is not required to
prepare such a plan for a military installation if the
Secretary determines that preparation of such a plan for the
installation is not appropriate''; and
(4) by inserting ``(1)'' after ``(a)'' and adding at the
end the following new paragraph:
``(2) Consistent with essential military requirements to enhance
the national security of the United States, the Secretary of Defense
shall manage each military installation to provide--
``(A) for the conservation of fish and wildlife on the
military installation and sustained multipurpose uses of those
resources, including hunting, fishing, and trapping; and
``(B) public access that is necessary or appropriate for
those uses.''.
(b) Conforming Amendments.--Title I of the Sikes Act is amended--
(1) in section 101(b) (16 U.S.C. 670a(b)), in the matter
preceding paragraph (1) by striking out ``cooperative plan''
and inserting in lieu thereof ``integrated natural resource
management plan'';
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by
striking out ``cooperative plan'' each place it appears and
inserting in lieu thereof ``integrated natural resource
management plan'';
(3) in section 101(c) (16 U.S.C. 670a(c)), in the matter
preceding paragraph (1) by striking out ``a cooperative plan''
and inserting in lieu thereof ``an integrated natural resource
management plan'';
(4) in section 101(d) (16 U.S.C. 670a(d)), in the matter
preceding paragraph (1) by striking out ``cooperative plans''
and inserting in lieu thereof ``integrated natural resource
management plans'';
(5) in section 101(e) (16 U.S.C. 670a(e)), by striking out
``Cooperative plans'' and inserting in lieu thereof
``Integrated natural resource management plans'';
(6) in section 102 (16 U.S.C. 670b), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an
integrated natural resource management plan'';
(7) in section 103 (16 U.S.C. 670c), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an
integrated natural resource management plan'';
(8) in section 106(a) (16 U.S.C. 670f(a)), by striking out
``cooperative plans'' and inserting in lieu thereof
``integrated natural resource management plans''; and
(9) in section 106(c) (16 U.S.C. 670f(c)), by striking out
``cooperative plans'' and inserting in lieu thereof
``integrated natural resource management plans''.
(c) Contents of Plans.--Section 101(b) of the Sikes Act (16 U.S.C.
670a(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking out ``and''
after the semicolon;
(B) in subparagraph (D), by striking out the
semicolon at the end and inserting in lieu thereof a
comma; and
(C) by adding at the end the following new
subparagraphs:
``(E) wetland protection and restoration, and
wetland creation where necessary, for support of fish
or wildlife,
``(F) consideration of conservation needs for all
biological communities, and
``(G) the establishment of specific natural
resource management goals, objectives, and time-frames
for proposed actions;'';
(2) by striking out paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) shall for the military installation for which it is
prepared--
``(A) address the needs for fish and wildlife
management, land management, forest management, and
wildlife-oriented recreation,
``(B) ensure the integration of, and consistency
among, the various activities conducted under the plan,
``(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation,
``(D) provide for sustained use by the public of
natural resources, to the extent that such use is not
inconsistent with the military mission of the
installation or the needs of fish and wildlife
management,
``(E) provide the public access to the installation
that is necessary or appropriate for that use, to the
extent that access is not inconsistent with the
military mission of the installation, and
``(F) provide for professional enforcement of
natural resource laws and regulations;''; and
(5) in paragraph (4)(A), by striking out ``collect the fees
therefor,'' and inserting in lieu thereof ``collect, spend,
administer, and account for fees therefor,''.
(d) Public Comment.--Section 101 of the Sikes Act (16 U.S.C. 670a)
is amended by adding at the end the following new subsection:
``(f) Public Comment.--The Secretary of Defense shall provide an
opportunity for public comment on each integrated natural resource
management plan prepared under subsection (a).''.
SEC. 1405. REVIEW FOR PREPARATION OF INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS.
(a) Review of Military Installations.--
(1) Review.--The Secretary of each military department
shall, by not later than nine months after the date of the
enactment of this Act--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resource
management plan under section 101 of the Sikes Act, as
amended by this title, is appropriate; and
(B) submit to the Secretary of Defense a report on
those determinations.
(2) Report to congress.--The Secretary of Defense shall, by
not later than 12 months after the date of the enactment of
this Act, submit to the Congress a report on the reviews
conducted under paragraph (1). The report shall include--
(A) a list of those military installations reviewed
under paragraph (1) for which the Secretary of Defense
determines the preparation of an integrated natural
resource management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of the reasons
such a plan is not appropriate.
(b) Deadline for Integrated Natural Resource Management Plans.--Not
later than two years after the date of the submission of the report
required under subsection (a)(2), the Secretary of Defense shall, for
each military installation for which the Secretary has not determined
under subsection (a)(2)(A) that preparation of an integrated natural
resource management plan is not appropriate--
(1) prepare and begin implementing such a plan mutually
agreed to by the Secretary of the Interior and the head of the
appropriate State agencies under section 101(a) of the Sikes
Act, as amended by this title; or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of the enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan to
constitute an integrated natural resource plan that complies
with that section, as amended by this title.
(c) Public Comment.--The Secretary of Defense shall provide an
opportunity for the submission of public comments on--
(1) integrated natural resource management plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursuant to
subsection (b)(2).
SEC. 1406. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by adding
after subsection (f) (as added by section 1404(d)) the following new
subsection:
``(g) Reviews and Reports.--
``(1) Secretary of defense.--The Secretary of Defense
shall, by not later than March 1 of each year, review the
extent to which integrated natural resource management plans
were prepared or in effect and implemented in accordance with
this Act in the preceding year, and submit a report on the
findings of that review to the committees. Each report shall
include--
``(A) the number of integrated natural resource
management plans in effect in the year covered by the
report, including the date on which each plan was
issued in final form or most recently revised;
``(B) the amount of moneys expended on conservation
activities conducted pursuant to those plans in the
year covered by the report, including amounts expended
under the Legacy Resource Management Program
established under section 8120 of the Act of November
5, 1990 (Public Law 101-511; 104 Stat. 1905); and
``(C) an assessment of the extent to which the
plans comply with the requirements of subsection (b)(1)
and (2), including specifically the extent to which the
plans ensure in accordance with subsection (b)(2)(C)
that there is no net loss of lands to support the
military missions of military installations.
``(2) Secretary of the interior.--The Secretary of the
Interior, by not later than March 1 of each year and in
consultation with State agencies responsible for conservation
or management of fish or wildlife, shall submit a report to the
committees on the amount of moneys expended by the Department
of the Interior and those State agencies in the year covered by
the report on conservation activities conducted pursuant to
integrated natural resource management plans.
``(3) Committees defined.--For purposes of this subsection,
the term `committees' means the Committee on Resources and the
Committee on National Security of the House of Representatives
and the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate.''.
SEC. 1407. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED MILITARY
INSTALLATIONS.
Section 101(b)(4)(B) of the Sikes Act (16 U.S.C. 670a(b)(4)(B)) is
amended by inserting before the period at the end the following: ``,
unless that military installation is subsequently closed, in which case
the fees may be transferred to another military installation to be used
for the same purposes''.
SEC. 1408. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS AND ENFORCEMENT OF OTHER LAWS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended--
(1) by redesignating section 106, as amended by section
1404(b), as section 109; and
(2) by inserting after section 105 the following new
section:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the conservation of natural
resources on Federal lands may be enforced by the Secretary of Defense
with respect to violations of those laws which occur on military
installations within the United States.''.
SEC. 1409. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting after section 106 (as added by section 1408) the following
new section:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``The Secretary of each military department shall ensure that
sufficient numbers of professionally trained natural resource
management personnel and natural resource law enforcement personnel are
available and assigned responsibility to perform tasks necessary to
comply with this Act, including the preparation and implementation of
integrated natural resource management plans.''.
SEC. 1410. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting after section 107 (as added by section 1409) the following
new section:
``SEC. 108. DEFINITIONS.
``In this title:
``(1) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the Secretary of a military department; and
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
Secretary of a military department.
``(2) State fish and wildlife agency.--The term `State fish
and wildlife agency' means an agency of State government that
is responsible under State law for managing fish or wildlife
resources.
``(3) United states.--The term `United States' means the
States, the District of Columbia, and the territories and
possessions of the United States.''.
SEC. 1411. COOPERATIVE AGREEMENTS.
(a) Cost Sharing.--Section 103a(b) of the Sikes Act (16 U.S.C.
670c-1(b)) is amended by striking out ``matching basis'' each place it
appears and inserting in lieu thereof ``cost-sharing basis''.
(b) Accounting.--Section 103a(c) of the Sikes Act (16 U.S.C. 670c-
1(c)) is amended by inserting before the period at the end the
following: ``, and shall not be subject to section 1535 of that
title''.
SEC. 1412. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law 99-651; 16
U.S.C. 670a-1), is repealed.
SEC. 1413. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title, is amended--
(1) in the heading for the title by striking out ``military
reservations'' and inserting in lieu thereof ``military
installations'';
(2) in section 101(a) (16 U.S.C. 670a(a)), by striking out
``the reservation'' and inserting in lieu thereof ``the
installation'';
(3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
(A) in subparagraph (A), by striking out ``the
reservation'' and inserting in lieu thereof ``the
installation''; and
(B) in subparagraph (B), by striking out ``the
military reservation'' and inserting in lieu thereof
``the military installation'';
(4) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1), by striking out ``a military
reservation'' and inserting in lieu thereof ``a
military installation''; and
(B) in paragraph (2), by striking out ``the
reservation'' and inserting in lieu thereof ``the
installation'';
(5) in section 102 (16 U.S.C. 670b), by striking out
``military reservations'' and inserting in lieu thereof
``military installations''; and
(6) in section 103 (16 U.S.C. 670c)--
(A) by striking out ``military reservations'' and
inserting in lieu thereof ``military installations'';
and
(B) by striking out ``such reservations'' and
inserting in lieu thereof ``such installations''.
SEC. 1414. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Programs on Military Installations.--Subsections (b) and (c) of
section 109 of the Sikes Act (as redesignated by section 1408) are each
amended by striking out ``1983'' and all that follows through ``1993,''
and inserting in lieu thereof ``1983 through 1998,''.
(b) Programs on Public Lands.--Section 209 of the Sikes Act (16
U.S.C. 670o) is amended--
(1) in subsection (a), by striking out ``the sum of
$10,000,000'' and all that follows through ``to enable the
Secretary of the Interior'' and inserting in lieu thereof
``$4,000,000 for each of fiscal years 1997 and 1998, to enable
the Secretary of the Interior''; and
(2) in subsection (b), by striking out ``the sum of
$12,000,000'' and all that follows through ``to enable the
Secretary of Agriculture'' and inserting in lieu thereof
``$5,000,000 for each of fiscal years 1997 and 1998, to enable
the Secretary of Agriculture''.
TITLE XV--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
SEC. 1501. TERMS OF LOANS UNDER THE FOREIGN MILITARY FINANCING PROGRAM.
Section 31(c) of the Arms Export Control Act (22 U.S.C. 2771(c)) is
amended to read as follows:
``(c) Loans available under section 23 shall be provided at rates
of interest that are not less than the current average market yield on
outstanding marketable obligations of the United States of comparable
maturities.''.
SEC. 1502. ADDITIONAL REQUIREMENTS UNDER THE FOREIGN MILITARY FINANCING
PROGRAM.
(a) Audit of Certain Private Firms.--Section 23 of the Arms Export
Control Act (22 U.S.C. 2763) is amended by adding at the end the
following new subsection:
``(f) For each fiscal year, the Secretary of Defense, as requested
by the Director of the Defense Security Assistance Agency, shall
conduct audits on a nonreimbursable basis of private firms that have
entered into contracts with foreign governments under which defense
articles, defense services, or design and construction services are to
be procured by such firms for such governments from financing under
this section.''.
(b) Notification Requirement With Respect to Cash Flow Financing.--
Section 23 of such Act (22 U.S.C. 2763), as amended by subsection (a),
is further amended by adding at the end the following new subsection:
``(g)(1) For each country and international organization that has
been approved for cash flow financing under this section, any letter of
offer and acceptance or other purchase agreement, or any amendment
thereto, for a procurement of defense articles, defense services, or
design and construction services in excess of $100,000,000 that is to
be financed in whole or in part with funds made available under this
Act or the Foreign Assistance Act of 1961 shall be submitted to the
congressional committees specified in section 634A(a) of the Foreign
Assistance Act of 1961 in accordance with the procedures applicable to
reprogramming notifications under that section.
``(2) For purposes of this subsection, the term `cash flow
financing' has the meaning given such term in the second subsection (d)
of section 25.''.
(c) Limitations on Use of Funds for Direct Commercial Contracts.--
Section 23 of such Act (22 U.S.C. 2763), as amended by subsection (b),
is further amended by adding at the end the following new subsection:
``(h) Of the amounts made available for a fiscal year to carry out
this section, not more than $100,000,000 for such fiscal year may be
made available for countries other than Israel and Egypt for the
purpose of financing the procurement of defense articles, defense
services, and design and construction services that are not sold by the
United States Government under this Act.''.
(d) Annual Estimate and Justification for Sales Program.--Section
25(a) of such Act (22 U.S.C. 2765(a)) is amended--
(1) by striking ``and'' at the end of paragraph (11);
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12)(A) a detailed accounting of all articles, services,
credits, guarantees, or any other form of assistance furnished
by the United States to each country and international
organization, including payments to the United Nations, during
the preceding fiscal year for the detection and clearance of
landmines, including activities relating to the furnishing of
education, training, and technical assistance for the detection
and clearance of landmines; and
``(B) for each provision of law making funds available or
authorizing appropriations for demining activities described in
subparagraph (A), an analysis and description of the objectives
and activities undertaken during the preceding fiscal year,
including the number of personnel involved in performing such
activities; and''.
SEC. 1503. DRAWDOWN SPECIAL AUTHORITIES.
(a) Unforeseen Emergency Drawdown.--Section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is amended by
striking ``$75,000,000'' and inserting ``$100,000,000''.
(b) Additional Drawdown.--Section 506 of such Act (22 U.S.C. 2318)
is amended--
(1) in subsection (a)(2)(A), by striking ``defense articles
from the stocks'' and all that follows and inserting the
following: ``articles and services from the inventory and
resources of any agency of the United States Government and
military education and training from the Department of Defense,
the President may direct the drawdown of such articles,
services, and military education and training--
``(i) for the purposes and under the authorities
of--
``(I) chapter 8 of part I (relating to
international narcotics control assistance);
``(II) chapter 9 of part I (relating to
international disaster assistance); or
``(III) the Migration and Refugee
Assistance Act of 1962; or
``(ii) for the purpose of providing such articles,
services, and military education and training to
Vietnam, Cambodia, and Laos as the President determines
are necessary--
``(I) to support cooperative efforts to
locate and repatriate members of the United
States Armed Forces and civilians employed
directly or indirectly by the United States
Government who remain unaccounted for from the
Vietnam War; and
``(II) to ensure the safety of United
States Government personnel engaged in such
cooperative efforts and to support Department
of Defense-sponsored humanitarian projects
associated with such efforts.'';
(2) in subsection (a)(2)(B), by striking ``$75,000,000''
and all that follows and inserting ``$150,000,000 in any fiscal
year of such articles, services, and military education and
training may be provided pursuant to subparagraph (A) of this
paragraph--
``(i) not more than $75,000,000 of which may be
provided from the drawdown from the inventory and
resources of the Department of Defense;
``(ii) not more than $75,000,000 of which may be
provided pursuant to clause (i)(I) of such
subparagraph; and
``(iii) not more than $15,000,000 of which may be
provided to Vietnam, Cambodia, and Laos pursuant to
clause (ii) of such subparagraph.''; and
(3) in subsection (b)(1), by adding at the end the
following: ``In the case of drawdowns authorized by subclauses
(I) and (III) of subsection (a)(2)(A)(i), notifications shall
be provided to those committees at least 15 days in advance of
the drawdowns in accordance with the procedures applicable to
reprogramming notifications under section 634A.''.
(c) Notice to Congress of Exercise of Special Authorities.--Section
652 of such Act (22 U.S.C. 2411) is amended by striking ``prior to the
date'' and inserting ``before''.
SEC. 1504. TRANSFER OF EXCESS DEFENSE ARTICLES.
(a) In General.--Section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) is amended to read as follows:
``SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
``(a) Authorization.--The President is authorized to transfer
excess defense articles under this section to countries for which
receipt of such articles was justified pursuant to the annual
congressional presentation documents for military assistance programs,
or for programs under chapter 8 of part I of this Act, submitted under
section 634 of this Act, or for which receipt of such articles was
separately justified to the Congress, for the fiscal year in which the
transfer is authorized.
``(b) Limitations on Transfers.--The President may transfer excess
defense articles under this section only if--
``(1) such articles are drawn from existing stocks of the
Department of Defense;
``(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in connection
with the transfer;
``(3) the transfer of such articles will not have an
adverse impact on the military readiness of the United States;
``(4) with respect to a proposed transfer of such articles
on a grant basis, such a transfer is preferable to a transfer
on a sales basis, after taking into account the potential
proceeds from, and likelihood of, such sales, and the
comparative foreign policy benefits that may accrue to the
United States as the result of a transfer on either a grant or
sales basis;
``(5) the President determines that the transfer of such
articles will not have an adverse impact on the national
technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national technology
and industrial base to sell new or used equipment to the
countries to which such articles are transferred; and
``(6) the transfer of such articles is consistent with the
policy framework for the Eastern Mediterranean established
under section 620C of this Act.
``(c) Terms of Transfers.--
``(1) No cost to recipient country.--Excess defense
articles may be transferred under this section without cost to
the recipient country.
``(2) Priority.--Notwithstanding any other provision of
law, the delivery of excess defense articles under this section
to member countries of the North Atlantic Treaty Organization
(NATO) on the southern and southeastern flank of NATO and to
major non-NATO allies on such southern and southeastern flank
shall be given priority to the maximum extent feasible over the
delivery of such excess defense articles to other countries.
``(d) Waiver of Requirement for Reimbursement of Department of
Defense Expenses.--Section 632(d) shall not apply with respect to
transfers of excess defense articles (including transportation and
related costs) under this section.
``(e) Transportation and Related Costs.--
``(1) In general.--Except as provided in paragraph (2),
funds available to the Department of Defense may not be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of this
section.
``(2) Exception.--The President may provide for the
transportation of excess defense articles without charge to a
country for the costs of such transportation if--
``(A) it is determined that it is in the national
interest of the United States to do so;
``(B) the recipient is a developing country
receiving less than $10,000,000 of assistance under
chapter 5 of part II of this Act (relating to
international military education and training) or
section 23 of the Arms Export Control Act (22 U.S.C.
2763; relating to the Foreign Military Financing
program) in the fiscal year in which the transportation
is provided;
``(C) the total weight of the transfer does not
exceed 25,000 pounds; and
``(D) such transportation is accomplished on a
space available basis.
``(f) Advance Notification to Congress for Transfer of Certain
Excess Defense Articles.--
``(1) In general.--The President may not transfer excess
defense articles that are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
excess defense articles valued (in terms of original
acquisition cost) at $7,000,000 or more, under this section or
under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
until 15 days after the date on which the President has
provided notice of the proposed transfer to the congressional
committees specified in section 634A(a) in accordance with
procedures applicable to reprogramming notifications under that
section.
``(2) Contents.--Such notification shall include--
``(A) a statement outlining the purposes for which
the article is being provided to the country, including
whether such article has been previously provided to
such country;
``(B) an assessment of the impact of the transfer
on the military readiness of the United States;
``(C) an assessment of the impact of the transfer
on the national technology and industrial base and,
particularly, the impact on opportunities of entities
in the national technology and industrial base to sell
new or used equipment to the countries to which such
articles are to be transferred; and
``(D) a statement describing the current value of
such article and the value of such article at
acquisition.
``(g) Aggregate Annual Limitation.--
``(1) In general.--The aggregate value of excess defense
articles transferred to countries under this section in any
fiscal year may not exceed $350,000,000.
``(2) Effective date.--The limitation contained in
paragraph (1) shall apply only with respect to fiscal years
beginning after fiscal year 1996.
``(h) Congressional Presentation Documents.--Documents described in
subsection (a) justifying the transfer of excess defense articles shall
include an explanation of the general purposes of providing excess
defense articles as well as a table which provides an aggregate annual
total of transfers of excess defense articles in the preceding year by
country in terms of offers and actual deliveries and in terms of
acquisition cost and current value. Such table shall indicate whether
such excess defense articles were provided on a grant or sale basis.
``(i) Excess Coast Guard Property.--For purposes of this section,
the term `excess defense articles' shall be deemed to include excess
property of the Coast Guard, and the term `Department of Defense' shall
be deemed, with respect to such excess property, to include the Coast
Guard.''.
(b) Conforming Amendments.--
(1) Arms export control act.--Section 21(k) of the Arms
Export Control Act (22 U.S.C. 2761(k)) is amended by striking
``the President shall'' and all that follows and inserting the
following: ``the President shall determine that the sale of
such articles will not have an adverse impact on the national
technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national technology
and industrial base to sell new or used equipment to the
countries to which such articles are transferred.''.
(2) Repeals.--The following provisions of law are hereby
repealed:
(A) Section 502A of the Foreign Assistance Act of
1961 (22 U.S.C. 2303).
(B) Sections 517 through 520 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321k through 2321n).
(C) Section 31(d) of the Arms Export Control Act
(22 U.S.C. 2771(d)).
SEC. 1505. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES.
Notwithstanding section 516(e) of the Foreign Assistance Act of
1961, during each of the fiscal years 1996 and 1997, funds available to
the Department of Defense may be expended for crating, packing,
handling, and transportation of excess defense articles transferred
under the authority of section 516 of such Act to countries that are
eligible to participate in the Partnership for Peace and that are
eligible for assistance under the Support for East European Democracy
(SEED) Act of 1989.
Subtitle B--International Military Education and Training
SEC. 1511. ASSISTANCE FOR INDONESIA.
Funds made available for fiscal years 1996 and 1997 to carry out
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.) may be obligated for Indonesia only for expanded military
and education training that meets the requirements of clauses (i)
through (iv) of the second sentence of section 541 of such Act (22
U.S.C. 2347).
SEC. 1512. ADDITIONAL REQUIREMENTS.
(a) General Authority.--Section 541 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2347) is amended in the second sentence in the
matter preceding clause (i) by inserting ``and individuals who are not
members of the government'' after ``legislators''.
(b) Exchange Training.--Section 544 of such Act (22 U.S.C. 2347c)
is amended--
(1) by striking ``In carrying out this chapter'' and
inserting ``(a) In carrying out this chapter''; and
(2) by adding at the end the following new subsection:
``(b) The President may provide for the attendance of foreign
military and civilian defense personnel at flight training schools and
programs (including test pilot schools) in the United States without
charge, and without charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act), if such attendance is
pursuant to an agreement providing for the exchange of students on a
one-for-one basis each fiscal year between those United States flight
training schools and programs (including test pilot schools) and
comparable flight training schools and programs of foreign
countries.''.
(c) Assistance for Certain High-Income Foreign Countries.--
(1) Amendment to the foreign assistance act of 1961.--
Chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) is
amended by adding at the end the following new section:
``SEC. 546. PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME
FOREIGN COUNTRIES.
``(a) In General.--None of the funds made available for a fiscal
year for assistance under this chapter may be made available for
assistance on a grant basis for any of the high-income foreign
countries described in subsection (b) for military education and
training of military and related civilian personnel of such country.
``(b) High-Income Foreign Countries Described.--The high-income
foreign countries described in this subsection are Austria, Finland,
the Republic of Korea, Singapore, and Spain.''.
(2) Amendment to the arms export control act.--Section
21(a)(1)(C) of the Arms Export Control Act (22 U.S.C. 2761) is
amended by inserting ``or to any high-income foreign country
(as described in that chapter)'' after ``Foreign Assistance Act
of 1961''.
Subtitle C--Antiterrorism Assistance
SEC. 1521. ANTITERRORISM TRAINING ASSISTANCE.
(a) In General.--Section 571 of the Foreign Assistance Act of 1961
(22 U.S.C. 2349aa) is amended by striking ``Subject to the provisions
of this chapter'' and inserting ``Notwithstanding any other provision
of law that restricts assistance to foreign countries (other than
sections 502B and 620A of this Act)''.
(b) Limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is
amended--
(1) in the heading, by striking ``Specific Authorities
and'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively; and
(4) in subsection (c) (as redesignated)--
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (1) through (3), respectively; and
(C) by amending paragraph (2) (as redesignated) to
read as follows:
``(2)(A) Except as provided in subparagraph (B), funds made
available to carry out this chapter shall not be made available for the
procurement of weapons and ammunition.
``(B) Subparagraph (A) shall not apply to small arms and ammunition
in categories I and III of the United States Munitions List that are
integrally and directly related to antiterrorism training provided
under this chapter if, at least 15 days before obligating those funds,
the President notifies the appropriate congressional committees
specified in section 634A of this Act in accordance with the procedures
applicable to reprogramming notifications under such section.
``(C) The value (in terms of original acquisition cost) of all
equipment and commodities provided under this chapter in any fiscal
year may not exceed 25 percent of the funds made available to carry out
this chapter for that fiscal year.''.
(c) Annual Report.--Section 574 of such Act (22 U.S.C. 2349aa-3) is
hereby repealed.
(d) Technical Corrections.--Section 575 (22 U.S.C. 2349aa-4) and
section 576 (22 U.S.C. 2349aa-5) of such Act are redesignated as
sections 574 and 575, respectively.
SEC. 1522. RESEARCH AND DEVELOPMENT EXPENSES.
Funds made available for fiscal years 1996 and 1997 to carry out
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa et seq.; relating to antiterrorism assistance) may be made
available to the Technical Support Working Group of the Department of
State for research and development expenses related to contraband
detection technologies or for field demonstrations of such technologies
(whether such field demonstrations take place in the United States or
outside the United States).
Subtitle D--Narcotics Control Assistance
SEC. 1531. ADDITIONAL REQUIREMENTS.
(a) Policy and General Authorities.--Section 481(a) of the Foreign
Assistance Act (22 U.S.C. 2291(a)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (F)
as subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) International criminal activities, particularly
international narcotics trafficking, money laundering, and
corruption, endanger political and economic stability and
democratic development, and assistance for the prevention and
suppression of international criminal activities should be a
priority for the United States.''; and
(2) in paragraph (4), by adding before the period at the
end the following: ``, or for other anticrime purposes''.
(b) Contributions and Reimbursement.--Section 482(c) of that Act
(22 U.S.C. 2291a(c)) is amended--
(1) by striking ``Contribution by Recipient Country.--To''
and inserting ``Contributions and Reimbursement.--(1) To''; and
(2) by adding at the end the following new paragraphs:
``(2)(A) The President is authorized to accept contributions from
foreign governments to carry out the purposes of this chapter. Such
contributions shall be deposited as an offsetting collection to the
applicable appropriation account and may be used under the same terms
and conditions as funds appropriated pursuant to this chapter.
``(B) At the time of submission of the annual congressional
presentation documents required by section 634(a), the President shall
provide a detailed report on any contributions received in the
preceding fiscal year, the amount of such contributions, and the
purposes for which such contributions were used.
``(3) The President is authorized to provide assistance under this
chapter on a reimbursable basis. Such reimbursements shall be deposited
as an offsetting collection to the applicable appropriation and may be
used under the same terms and conditions as funds appropriated pursuant
to this chapter.''.
(c) Implementation of Law Enforcement Assistance.--Section 482 of
such Act (22 U.S.C. 2291a) is amended by adding at the end the
following new subsections:
``(f) Treatment of Funds.--Funds transferred to and consolidated
with funds appropriated pursuant to this chapter may be made available
on such terms and conditions as are applicable to funds appropriated
pursuant to this chapter. Funds so transferred or consolidated shall be
apportioned directly to the bureau within the Department of State
responsible for administering this chapter.
``(g) Excess Property.--For purposes of this chapter, the Secretary
of State may use the authority of section 608, without regard to the
restrictions of such section, to receive nonlethal excess property from
any agency of the United States Government for the purpose of providing
such property to a foreign government under the same terms and
conditions as funds authorized to be appropriated for the purposes of
this chapter.''.
SEC. 1532. NOTIFICATION REQUIREMENT.
(a) In General.--The authority of section 1003(d) of the National
Narcotics Control Leadership Act of 1988 (21 U.S.C. 1502(d)) may be
exercised with respect to funds authorized to be appropriated pursuant
to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and with
respect to the personnel of the Department of State only to the extent
that the appropriate congressional committees have been notified 15
days in advance in accordance with the reprogramming procedures
applicable under section 634A of that Act (22 U.S.C. 2394).
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcotics-related
assistance under part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) may be provided notwithstanding any other
provision of law that restricts assistance to foreign countries (other
than section 490(e) or section 502B of that Act (22 U.S.C. 2291j(e) and
2304)) if, at least 15 days before obligating funds for such
assistance, the President notifies the appropriate congressional
committees (as defined in section 481(e) of that Act (22 U.S.C.
2291(e))) in accordance with the procedures applicable to reprogramming
notifications under section 634A of that Act (22 U.S.C. 2394).
Subtitle E--Other Provisions
SEC. 1541. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR ARMS
TRANSFERS.
(a) Third Country Transfers Under FMS Sales.--Section 3(d)(2) of
the Arms Export Control Act (22 U.S.C. 2753(d)(2)) is amended--
(1) in subparagraph (A), by striking ``, as provided for in
sections 36(b)(2) and 36(b)(3) of this Act'';
(2) in subparagraph (B), by striking ``law'' and inserting
``joint resolution''; and
(3) by adding at the end the following:
``(C) If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which requires that
consent to the proposed transfer become effective immediately in the
national security interests of the United States, thus waiving the
requirements of that subparagraph, the President shall set forth in the
certification a detailed justification for his determination, including
a description of the emergency circumstances which necessitate
immediate consent to the transfer and a discussion of the national
security interests involved.
``(D)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion to
proceed to the consideration of any such joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.''.
(b) Third Country Transfers Under Commercial Sales.--Section
3(d)(3) of such Act (22 U.S.C. 2753(d)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in the first sentence--
(A) by striking ``at least 30 calendar days''; and
(B) by striking ``report'' and inserting
``certification''; and
(3) by striking the last sentence and inserting the
following: ``Such certification shall be submitted--
``(i) at least 15 calendar days before such consent is
given in the case of a transfer to a country which is a member
of the North Atlantic Treaty Organization or Australia, Japan,
or New Zealand; and
``(ii) at least 30 calendar days before such consent is
given in the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become
effective immediately and a discussion of the national security
interests involved.
``(B) Consent to a transfer subject to subparagraph (A) shall
become effective after the end of the 15-day or 30-day period specified
in subparagraph (A)(i) or (ii), as the case may be, only if the
Congress does not enact, within that period, a joint resolution
prohibiting the proposed transfer.
``(C)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion to
proceed to the consideration of any such joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.''.
(c) Commercial Sales.--Section 36(c)(2) of such Act (22 U.S.C.
2776(c)(2)) is amended by amending subparagraphs (A) and (B) to read as
follows:
``(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand, shall not be
issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if
the Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
``(B) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives
such certification, and shall not be issued then if the
Congress, within that 30-day period, enacts a joint resolution
prohibiting the proposed export.''.
(d) Commercial Manufacturing Agreements.--Section 36(d) of such Act
(22 U.S.C. 2776(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``for or in a country not a member of the
North Atlantic Treaty Organization''; and
(3) by adding at the end the following:
``(2) A certification under this subsection shall be submitted--
``(A) at least 15 days before approval is given in the case
of an agreement for or in a country which is a member of the
North Atlantic Treaty Organization or Australia, Japan, or New
Zealand; and
``(B) at least 30 days before approval is given in the case
of an agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States.
``(3) If the President states in his certification that an
emergency exists which requires the immediate approval of the agreement
in the national security interests of the United States, thus waiving
the requirements of paragraph (4), he shall set forth in the
certification a detailed justification for his determination, including
a description of the emergency circumstances which necessitate the
immediate approval of the agreement and a discussion of the national
security interests involved.
``(4) Approval for an agreement subject to paragraph (1) may not be
given under section 38 if the Congress, within the 15-day or 30-day
period specified in paragraph (2)(A) or (B), as the case may be, enacts
a joint resolution prohibiting such approval.
``(5)(A) Any joint resolution under paragraph (4) shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(B) For the purpose of expediting the consideration and enactment
of joint resolutions under paragraph (4), a motion to proceed to the
consideration of any such joint resolution after it has been reported
by the appropriate committee shall be treated as highly privileged in
the House of Representatives.''.
(e) Government-to-Government Leases.--
(1) Congressional review period.--Section 62 of such Act
(22 U.S.C. 2796a) is amended--
(A) in subsection (a), by striking ``Not less than
30 days before'' and inserting ``Before'';
(B) in subsection (b)--
(i) by striking ``determines, and
immediately reports to the Congress'' and
inserting ``states in his certification''; and
(ii) by adding at the end of the subsection
the following: ``If the President states in his
certification that such an emergency exists, he
shall set forth in the certification a detailed
justification for his determination, including
a description of the emergency circumstances
which necessitate that the lease be entered
into immediately and a discussion of the
national security interests involved.''; and
(C) by adding at the end of the section the
following:
``(c) The certification required by subsection (a) shall be
transmitted--
``(1) not less than 15 calendar days before the agreement
is entered into or renewed in the case of an agreement with the
North Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand; and
``(2) not less than 30 calendar days before the agreement
is entered into or renewed in the case of an agreement with any
other organization or country.''.
(2) Congressional disapproval.--Section 63(a) of such Act
(22 U.S.C. 2796b(a)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)'';
(B) by striking out the ``30 calendar days after
receiving the certification with respect to that
proposed agreement pursuant to section 62(a),'' and
inserting in lieu thereof ``the 15-day or 30-day period
specified in section 62(c) (1) or (2), as the case may
be,''; and
(C) by striking paragraph (2).
(f) Effective Date.--The amendments made by this section apply with
respect to certifications required to be submitted on or after the date
of the enactment of this Act.
SEC. 1542. INCREASED STANDARDIZATION, RATIONALIZATION, AND
INTEROPERABILITY OF ASSISTANCE AND SALES PROGRAMS.
Paragraph (6) of section 515(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321i(a)(6)) is amended by striking ``among members of
the North Atlantic Treaty Organization and with the Armed Forces of
Japan, Australia, and New Zealand''.
SEC. 1543. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) `significant military equipment' means articles--
``(A) for which special export controls are warranted
because of the capacity of such articles for substantial
military utility or capability; and
``(B) identified on the United States Munitions List.''.
SEC. 1544. ELIMINATION OF ANNUAL REPORTING REQUIREMENT RELATING TO THE
SPECIAL DEFENSE ACQUISITION FUND.
(a) In General.--Section 53 of the Arms Export Control Act (22
U.S.C. 2795b) is hereby repealed.
(b) Conforming Amendment.--Section 51(a)(4) of such Act (22 U.S.C.
2795(a)(4)) is amended--
(1) by striking ``(a)''; and
(2) by striking subparagraph (B).
SEC. 1545. COST OF LEASED DEFENSE ARTICLES THAT HAVE BEEN LOST OR
DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22 U.S.C.
2796(a)(4)) is amended by striking ``and the replacement cost'' and all
that follows and inserting the following: ``and, if the articles are
lost or destroyed while leased--
``(A) in the event the United States intends to
replace the articles lost or destroyed, the replacement
cost (less any depreciation in the value) of the
articles; or
``(B) in the event the United States does not
intend to replace the articles lost or destroyed, an
amount not less than the actual value (less any
depreciation in the value) specified in the lease
agreement.''.
SEC. 1546. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) Designation.--
(1) Notice to congress.--Chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), as
amended by this title, is further amended by adding at the end
the following new section:
``SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
``(a) Notice to Congress.--The President shall notify the Congress
in writing at least 30 days before--
``(1) designating a country as a major non-NATO ally for
purposes of this Act and the Arms Export Control Act (22 U.S.C.
2751 et seq.); or
``(2) terminating such a designation.
``(b) Initial Designations.--Australia, Egypt, Israel, Japan, the
Republic of Korea, and New Zealand shall be deemed to have been so
designated by the President as of the effective date of this section,
and the President is not required to notify the Congress of such
designation of those countries.''.
(2) Definition.--Section 644 of such Act (22 U.S.C. 2403)
is amended by adding at the end the following:
``(q) `Major non-NATO ally' means a country which is designated in
accordance with section 517 as a major non-NATO ally for purposes of
this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).''.
(3) Existing definitions.--(A) The last sentence of section
21(g) of the Arms Export Control Act (22 U.S.C. 2761(g)) is
repealed.
(B) Section 65(d) of such Act (22 U.S.C. 2796d(d)) is
amended--
(i) by striking ``or major non-NATO''; and
(ii) by striking out ``or a'' and all that follows
through ``Code''.
(b) Cooperative Training Agreements.--Section 21(g) of the Arms
Export Control Act (22 U.S.C. 2761(g)) is amended in the first sentence
by striking ``similar agreements'' and all that follows through ``other
countries'' and inserting ``similar agreements with countries''.
SEC. 1547. CERTIFICATION THRESHOLDS.
(a) Increase in Dollar Thresholds.--The Arms Export Control Act (22
U.S.C. 2751 et seq.) is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3), by striking
``$14,000,000'' each place it appears and inserting
``$25,000,000''; and
(B) in paragraphs (1) and (3), by striking
``$50,000,000'' each place it appears and inserting
``$75,000,000'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsections (b)(1), (b)(5)(C), and (c)(1),
by striking ``$14,000,000'' each place it appears and
inserting ``$25,000,000'';
(B) in subsections (b)(1), (b)(5)(C), and (c)(1),
by striking ``$50,000,000'' each place it appears and
inserting ``$75,000,000''; and
(C) in subsections (b)(1) and (b)(5)(C), by
striking ``$200,000,000'' each place it appears and
inserting ``$300,000,000''; and
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$50,000,000'' and inserting
``$75,000,000''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to certifications submitted on or after the date of the
enactment of this Act.
SEC. 1548. DEPLETED URANIUM AMMUNITION.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2370 et seq.), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 620G. DEPLETED URANIUM AMMUNITION.
``(a) Prohibition.--Except as provided in subsection (b), none of
the funds made available to carry out this Act or any other Act may be
made available to facilitate in any way the sale of M-833 antitank
shells or any comparable antitank shells containing a depleted uranium
penetrating component to any country other than--
``(1) a country that is a member of the North Atlantic
Treaty Organization;
``(2) a country that has been designated as a major non-
NATO ally (as defined in section 644(q)); or
``(3) Taiwan.
``(b) Exception.--The prohibition contained in subsection (a) shall
not apply with respect to the use of funds to facilitate the sale of
antitank shells to a country if the President determines that to do so
is in the national security interest of the United States.''.
SEC. 1549. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES.
(a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended by inserting after chapter 3 the following new
chapter:
``CHAPTER 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES
``SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES.
``(a) Establishment of Monitoring Program.--
``(1) In general.--In order to improve accountability with
respect to defense articles and defense services sold, leased,
or exported under this Act or the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), the President shall establish a
program which provides for the end-use monitoring of such
articles and services.
``(2) Requirements of program.--To the extent practicable,
such program--
``(A) shall provide for the end-use monitoring of
defense articles and defense services in accordance
with the standards that apply for identifying high-risk
exports for regular end-use verification developed
under section 38(g)(7) of this Act (commonly referred
to as the `Blue Lantern' program); and
``(B) shall be designed to provide reasonable
assurance that--
``(i) the recipient is complying with the
requirements imposed by the United States
Government with respect to use, transfers, and
security of defense articles and defense
services; and
``(ii) such articles and services are being
used for the purposes for which they are
provided.
``(b) Conduct of Program.--In carrying out the program established
under subsection (a), the President shall ensure that the program--
``(1) provides for the end-use verification of defense
articles and defense services that incorporate sensitive
technology, defense articles and defense services that are
particularly vulnerable to diversion or other misuse, or
defense articles or defense services whose diversion or other
misuse could have significant consequences; and
``(2) prevents the diversion (through reverse engineering
or other means) of technology incorporated in defense articles.
``(c) Report to Congress.--Not later than 6 months after the date
of the enactment of this section, and annually thereafter as a part of
the annual congressional presentation documents submitted under section
634 of the Foreign Assistance Act of 1961, the President shall transmit
to the Congress a report describing the actions taken to implement this
section, including a detailed accounting of the costs and number of
personnel associated with the monitoring program.
``(d) Third Country Transfers.--For purposes of this section,
defense articles and defense services sold, leased, or exported under
this Act or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
includes defense articles and defense services that are transferred to
a third country or other third party.''.
(b) Effective Date.--Section 40A of the Arms Export Control Act, as
added by subsection (a), applies with respect to defense articles and
defense services provided before or after the date of the enactment of
this Act.
SEC. 1550. BROKERING ACTIVITIES RELATING TO COMMERCIAL SALES OF DEFENSE
ARTICLES AND SERVICES.
(a) In General.--Section 38(b)(1)(A) of the Arms Export Control Act
(22 U.S.C. 2778(b)(1)(A)) is amended--
(1) in the first sentence, by striking ``As prescribed in
regulations'' and inserting ``(i) As prescribed in
regulations''; and
(2) by adding at the end the following new clause:
``(ii)(I) As prescribed in regulations issued under this section,
every person (other than an officer or employee of the United States
Government acting in official capacity) who engages in the business of
brokering activities with respect to the manufacture, export, import,
or transfer of any defense article or defense service designated by the
President under subsection (a)(1), or in the business of brokering
activities with respect to the manufacture, export, import, or transfer
of any foreign defense article or defense service (as defined in
subclause (IV)), shall register with the United States Government
agency charged with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regulations.
``(II) Such brokering activities shall include the financing,
transportation, freight forwarding, or taking of any other action that
facilitates the manufacture, export, or import of a defense article or
defense service.
``(III) No person may engage in the business of brokering
activities described in subclause (I) without a license, issued in
accordance with this Act, except that no license shall be required for
such activities undertaken by or for an agency of the United States
Government--
``(aa) for use by an agency of the United States
Government; or
``(bb) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of the
President by other means.
``(IV) For purposes of this clause, the term `foreign defense
article or defense service' includes any non-United States defense
article or defense service of a nature described on the United States
Munitions List regardless of whether such article or service is of
United States origin or whether such article or service contains United
States origin components.''.
(b) Effective Date.--Section 38(b)(1)(A)(ii) of the Arms Export
Control Act, as added by subsection (a), shall apply with respect to
brokering activities engaged in beginning on or after 120 days after
the enactment of this Act.
SEC. 1551. RETURN AND EXCHANGES OF DEFENSE ARTICLES PREVIOUSLY
TRANSFERRED PURSUANT TO THE ARMS EXPORT CONTROL ACT.
(a) Repair of Defense Articles.--Section 21 of the Arms Export
Control Act (22 U.S.C. 2761) is amended by adding at the end the
following new subsection:
``(l) Repair of defense articles.--
``(1) In general.--The President may acquire a repairable
defense article from a foreign country or international
organization if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not an end item; and
``(C) will be exchanged for a defense article of
the same type that is in the stocks of the Department
of Defense.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article
being returned; and
``(ii) has available sufficient funds authorized
and appropriated for such purpose; or
``(B)(i) is accepting the return of the defense
article for subsequent transfer to another foreign
government or international organization pursuant to a
letter of offer and acceptance implemented in
accordance with this Act; and
``(ii) has available sufficient funds provided by
or on behalf of such other foreign government or
international organization pursuant to a letter of
offer and acceptance implemented in accordance with
this Act.
``(3) Requirement.--(A) The foreign government or
international organization receiving a new or repaired defense
article in exchange for a repairable defense article pursuant
to paragraph (1) shall, upon the acceptance by the United
States Government of the repairable defense article being
returned, be charged the total cost associated with the repair
and replacement transaction.
``(B) The total cost charged pursuant to subparagraph (A)
shall be the same as that charged the United States Armed
Forces for a similar repair and replacement transaction, plus
an administrative surcharge in accordance with subsection
(e)(1)(A) of this section.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a repairable
defense article as provided in subsection (a) shall not be
subject to chapter 137 of title 10, United States Code, or any
other provision of law relating to the conclusion of
contracts.''.
(b) Return of Defense Articles.--Section 21 of such Act (22 U.S.C.
2761), as amended by subsection (a), is further amended by adding at
the end the following new subsection:
``(m) Return of Defense Articles.--
``(1) In general.--The President may accept the return of a
defense article from a foreign country or international
organization if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not significant military equipment (as
defined in section 47(9) of this Act); and
``(C) is in fully functioning condition without
need of repair or rehabilitation.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article
being returned; and
``(ii) has available sufficient funds authorized
and appropriated for such purpose; or
``(B)(i) is accepting the return of the defense
article for subsequent transfer to another foreign
government or international organization pursuant to a
letter of offer and acceptance implemented in
accordance with this Act; and
``(ii) has available sufficient funds provided by
or on behalf of such other foreign government or
international organization pursuant to a letter of
offer and acceptance implemented in accordance with
this Act.
``(3) Credit for transaction.--Upon acquisition and
acceptance by the United States Government of a defense article
under paragraph (1), the appropriate Foreign Military Sales
account of the provider shall be credited to reflect the
transaction.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a defense
article as provided in paragraph (1) shall not be subject to
chapter 137 of title 10, United States Code, or any other
provision of law relating to the conclusion of contracts.''.
(c) Regulations.--Under the direction of the President, the
Secretary of Defense shall promulgate regulations to implement
subsections (l) and (m) of section 21 of the Arms Export Control Act,
as added by this section.
SEC. 1552. NATIONAL SECURITY INTEREST DETERMINATION TO WAIVE
REIMBURSEMENT OF DEPRECIATION FOR LEASED DEFENSE
ARTICLES.
(a) In General.--Section 61(a) of the Arms Export Control Act (22
U.S.C. 2796(a)) is amended--
(1) in the second sentence, by striking ``, or to any
defense article which has passed three-quarters of its normal
service life''; and
(2) by inserting after the second sentence the following
new sentence: ``The President may waive the requirement of
paragraph (4) for reimbursement of depreciation for any defense
article which has passed three-quarters of its normal service
life if the President determines that to do so is important to
the national security interest of the United States.''.
(b) Effective Date.--The third sentence of section 61(a) of the
Arms Export Control Act, as added by subsection (a)(2), shall apply
only with respect to a defense article leased on or after the date of
the enactment of this Act.
SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT CONTROL ACT.
The Government of the Republic of Panama shall be eligible to
purchase defense articles and defense services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), except as otherwise specifically
provided by law.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1997''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Total
------------------------------------------------------------------------
Arizona...................... Fort Huachuca............ $21,000,000
California................... Army project, Naval
Weapons Station, Concord $27,000,000
Camp Roberts............. $5,500,000
Fort Irwin............... $7,000,000
Colorado..................... Fort Carson.............. $17,550,000
District of Columbia......... Fort McNair.............. $6,900,000
Georgia...................... Fort Benning............. $53,400,000
Fort McPherson........... $9,100,000
Fort Stewart, Hunter Army
Air Field............... $6,000,000
Kansas....................... Fort Riley............... $26,000,000
Kentucky..................... Fort Campbell............ $51,100,000
Fort Knox................ $20,500,000
New Jersey................... Picatinny Arsenal........ $7,500,000
New Mexico................... White Sands Missile Range $10,000,000
New York..................... Fort Drum................ $11,400,000
North Carolina............... Fort Bragg............... $14,000,000
Texas........................ Fort Hood................ $52,700,000
Virginia..................... Fort Eustis.............. $3,550,000
Washington................... Fort Lewis............... $54,600,000
CONUS Classified............. Classified Location...... $4,600,000
Total................ $409,400,000
------------------------------------------------------------------------
(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
Spinelli Barracks...... $8,100,000
Taylor Barracks........ $9,300,000
Italy.......................... Camp Ederle, Vincenza.. $3,100,000
Korea.......................... Camp Casey............. $16,000,000
Camp Red Cloud......... $14,000,000
Overseas Classified............ Classified Location.... $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)(6)(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
----------------------------------------------------------------------------------------------------------------
Alabama............................... Redstone Arsenal......... 70 Units..................... $8,000,000
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............... 85 Units..................... $12,000,000
Fort Hood................ 140 Units.................... $18,500,000
---------------
Total:................... $59,190,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(6)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $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
sections 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $114,450,000.
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 $2,037,653,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $409,400,000.
(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,
$8,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $54,384,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $176,603,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,257,466,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS, FORT IRWIN,
CALIFORNIA.
In the case of amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103-
337) and section 2104(a)(1) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106) for a
military construction project for Fort Irwin, California, involving the
construction of an air field for the National Training Center at
Barstow-Daggett, California, the Secretary of the Army may use such
amounts for the construction of a heliport at the same location.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Navy Detachment, Camp
Navajo................ $3,920,000
Marine Corps Air
Station, Yuma......... $14,600,000
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 $51,630,000
Pendleton.
Naval Air Station, $86,502,000
North Island.
Naval Facility, San $17,000,000
Clemente Island.
Naval Station, San $7,050,000
Diego.
Naval Command Control &
Ocean Surveillance
Center, San Diego..... $1,960,000
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........................ Marine Corps Logistics $1,630,000
Base, Albany.
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
Nevada......................... Naval Air Station, $16,200,000
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 $4,990,000
Detachment, Parris
Island.
Texas.......................... Naval Station, $16,850,000
Ingleside.
Naval Air Station, $1,810,000
Kingsville.
Virginia....................... Armed Forces Staff $12,900,000
College, Norfolk.
Fleet Combat Training
Command, Dam Neck..... $7,000,000
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 $6,800,000
Center.
CONUS Various.................. Defense access roads... $300,000
---------------
Total.............. $583,652,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $5,980,000
Unit, Bahrain.
Greece......................... Naval Support Activity, $11,050,000
Souda Bay.
Italy.......................... Naval Air Station, $15,700,000
Sigonella.
Naval Support Activity, $8,620,000
Naples.
United Kingdom................. Joint Maritime
Communications Center,
St. Mawgan............ $4,700,000
---------------
Total.............. $46,050,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................. Marine Corps Air
Station, Yuma......... Ancillary Facility............... $709,000
California.......................... Marine Corps Air-Ground
Combat Center,
Twentynine Palms...... Ancillary Facility............... $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..... 466 Units........................ $63,429,000
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............... 125 Units........................ $13,360,000
South Carolina...................... Marine Corps Air
Station, Beaufort..... 200 Units........................ $19,110,000
Texas............................... Corpus Christi Naval
Complex............... 156 Units........................ $17,425,000
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........................ $300,771,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(6)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $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)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $209,133,000.
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 $2,309,273,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $583,652,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $46,050,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,115,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,959,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $532,456,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $1,058,241,000.
(7) For the construction of a bachelor enlisted quarters at
the Naval Construction Batallion 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.
(8) 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.
(9) 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 the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (9) 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
endeavor to 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.
(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,
except that, within amounts appropriated for the project, Federal
expenditures may not exceed $9,630,000 for beach replenishment.
SEC. 2206. 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.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $7,875,000
Alaska......................... Elmendorf Air Force $21,530,000
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.. $16,230,000
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... $7,980,000
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........................ Robins Air Force Base.. $22,645,000
Idaho.......................... Mountain Home Air Force $15,845,000
Base.
Kansas......................... McConnell Air Force $15,580,000
Base.
Louisiana...................... Barksdale Air Force $4,890,000
Base.
Maryland....................... Andrews Air Force Base. $5,990,000
Mississippi.................... Keesler Air Force Base. $14,465,000
Nevada......................... Indian Springs Air
Force Auxiliary Air
Field................. $4,690,000
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.... $5,665,000
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
Base.................. $3,700,000
---------------
Total.............. $525,684,000
------------------------------------------------------------------------
(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)(6)(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 25 Units......................... $6,425,000
Base.
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
Maryland............................ Hanscom Air Force Base. 32 Units......................... $5,100,000
Missouri............................ Whiteman Air Force Base 68 Units......................... $9,600,000
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 132 Units........................ $11,500,000
Lackland Air Force Base Ancillary Facility............... $800,000
Washington.......................... McChord Air Force Base. 50 Units......................... $5,659,000
---------------
Total........................ $168,828,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(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)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$125,650,000.
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
$1,823,456,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $525,684,000.
(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, $12,328,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $47,387,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $304,068,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $840,474,000.
(7) 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).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2406(a)(1), 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 such 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
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.......... $18,000,000
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.. $1,300,000
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.............. $509,590,000
------------------------------------------------------------------------
(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), $35,000,000 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), $10,000,000 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 out any 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 $3,431,670,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $346,487,000.
(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 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,
$16,874,000.
(10) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $9,500,000.
(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, $35,000,000.
(D) For credit to the Department of Defense
Military Unaccompanied Housing Improvement Fund as
authorized by section 2404(a)(2) of this Act,
$10,000,000.
(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) $161,503,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Pueblo Army Depot,
Colorado); and
(3) $1,600,000 (the balance of the amount authorized under
section 2401(a) of this Act for the construction of a
replacement facility for the medical and dental clinic, Key
West Naval Air Station, Florida).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1996, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Security Investment Program as authorized by section
2501, in the amount of $177,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1996, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $41,316,000; and
(B) for the Army Reserve, $50,159,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $33,169,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $118,394,000; and
(B) for the Air Force Reserve, $51,655,000.
SEC. 2602. 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.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Infrastructure 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 Infrastructure 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
Infrastructure 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
----------------------------------------------------------------------------------------------------------------
Installation or
State or Location 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
----------------------------------------------------------------------------------------------------------------
Installation or
State 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
----------------------------------------------------------------------------------------------------------------
Installation or
State 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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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 and Military Family Housing
SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM.
(a) Change in Reference to Earlier Program.--(1) Section 2806(b) 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 2861(b)(3) of such title is amended by striking out
``North Atlantic Treaty Organization Infrastructure program'' and
inserting in lieu thereof ``North Atlantic Treaty Organization Security
Investment Program''.
(b) Clerical Amendments.--(1) The heading of section 2806 of such
title is amended to read as follows:
``Sec. 2806. Contributions for North Atlantic Treaty Organization
Security Investment Program''.
(2) The item relating to such section in the table of sections at
the beginning of subchapter I of chapter 169 of such title is amended
to read as follows:
``2806. Contributions for North Atlantic Treaty Organization Security
Investment Program.''.
SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.
(a) Demolition Authorized.--Subchapter I of chapter 169 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 2814. Demolition of excess facilities
``(a) Demolition Using Military Construction Appropriations.--
Within an amount equal to 125 percent of the amount appropriated for
such purpose in the military construction account, the Secretary
concerned may carry out the demolition of a facility on a military
installation when the facility is determined by the Secretary concerned
to be--
``(1) excess to the needs of the military department or
Defense Agency concerned; and
``(2) not suitable for reuse.
``(b) Demolitions Using Operations and Maintenance Funds.--Using
funds available to the Secretary concerned for operation and
maintenance, the Secretary concerned may carry out a demolition project
involving an excess facility described in subsection (a), except that
the amount obligated on the project may not exceed the maximum amount
authorized for a minor construction project under section 2805(c)(1) of
this title.
``(c) Advance Approval of Certain Projects.--(1) A demolition
project under this section that would cost more than $500,000 may not
be carried out under this section unless approved in advance by the
Secretary concerned.
``(2) When a decision is made to demolish a facility covered by
paragraph (1), the Secretary concerned shall submit a report in writing
to the appropriate committees of Congress on that decision. Each such
report shall include--
``(A) the justification for the demolition and the current
estimate of its costs, and
``(B) the justification for carrying out the project under
this section.
``(3) The demolition project may be carried out only after the end
of the 21-day period beginning on the date the notification is received
by such committees.
``(d) Certain Projects Prohibited.--(1) A demolition project
involving military family housing may not be carried out under the
authority of this section.
``(2) A demolition project required as a result of a base closure
action authorized by title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note) or 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) may
not be carried out under the authority of this section.
``(3) A demolition project required as a result of environmental
contamination shall be carried out under the authority of the
environmental restoration program under section 2701(b)(3) of this
title.
``(e) Demolition Included in Specific Military Construction
Project.--Nothing in this section is intended to preclude the inclusion
of demolition of facilities as an integral part of a specific military
construction project when the demolition is required for accomplishment
of the intent of that construction project.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2814. Demolition of excess facilities.''.
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.''.
(b) Limitation.--Subsection (b) of such 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 the following:
``(A) The cost of major maintenance or repair work
(excluding day-to-day maintenance and repair) undertaken in
connection with the improvement.
``(B) Any cost, beyond the five-foot line of a housing
unit, 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.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN INTRAGOVERNMENT
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) 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 (title II of Public Law
100-526; 10 U.S.C. 2687 note), is amended by inserting ``or at
facilities remaining on 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
remaining on 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 (title II of Public Law 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 Congress 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 AND EXCHANGE OF JURISDICTION, ARLINGTON NATIONAL
CEMETERY, ARLINGTON, VIRGINIA.
(a) Transfer of Certain Section 29 Lands.--(1) 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 unit
of the National Park System known as Arlington National Cemetery,
Virginia:
(A) The lands known as the Arlington National Cemetery
Interment Zone.
(B) The lands known as the Robert E. Lee Memorial
Preservation Zone, except those lands in the preservation zone
that the Secretary of the Interior determines to retain because
of the historical significance of the lands.
(2) The transfer of lands under paragraph (1) shall be carried out
in accordance with the Interagency Agreement entered into by the
Secretary of the Army and the Secretary of the Interior on February 22,
1995.
(b) Exchange of Additional Land.--(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) In exchange for the transfer under paragraph (1), 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 Secretary of the Army shall grant to the Secretary
of the Interior a perpetual right of ingress and egress to the parcel
transferred this paragraph.
(c) Legal Description.--The exact acreage and legal descriptions of
the lands to be transferred pursuant to this section shall be
determined by surveys satisfactory to the Secretary of the Interior and
the Secretary of the Army. The costs of the surveys shall be borne by
the Secretary of the Army.
SEC. 2822. 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. 2823. 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. 2824. 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. 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. 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 agree--
(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).
PART III--AIR FORCE CONVEYANCES
SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COMPLEX, HOLLOMAN AIR FORCE
BASE, NEW MEXICO.
(a) Conveyance Authorized.--Notwithstanding any other provision of
law, 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 conveyance may
include the colony of chimpanzees owned by the Air Force that are
housed at or managed from the primate research complex. The conveyance
may not include the real property on which the primate research complex
is located.
(b) Competitive Procedures Required.--The Secretary shall use
competitive procedures in making the conveyance authorized by
subsection (a).
(c) Care and Use Standards.--As part of the solicitation of bids
for the conveyance authorized by subsection (a), the Secretary shall
develop standards for the care and use of the primate research complex,
and of chimpanzees. The Secretary shall develop the standards in
consultation with the Secretary of Agriculture and the Director of the
National Institutes of Health.
(d) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the followings conditions:
(1) That the recipient of the primate research complex--
(A) utilize any chimpanzees included in the
conveyance for scientific research or medical research
purposes; or
(B) retire and provide adequate care for such
chimpanzees.
(2) That the recipient of the primate research complex
assume from the Secretary any leases at the primate research
complex that are in effect at the time of the conveyance.
(e) Description of Complex.--The exact legal description of the
primate research complex to be conveyed under subsection (a) shall be
determined by a survey or other means satisfactory to the Secretary.
The cost of any survey or other services performed at the direction of
the Secretary under the authority in the preceding sentence shall be
borne by the recipient of the primate research complex.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2842. 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.
PART IV--OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST SITE, MISSISSIPPI.
(a) Transfer.--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 wilderness area and working demonstration forest.
(c) Designation.--The property to be conveyed is hereby designated
as the ``Jamie Whitten Wilderness 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 the subsurface estate
below a specified depth. The specified depth shall be 1000 feet
below sea level unless a lesser depth is agreed upon by the
Secretary and the State.
(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 determines appropriate to protect
the interests of the United States.
SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING PLANT, ROLLA,
NORTH DAKOTA.
(a) Authority To Convey.--The Administrator of General Services may
convey, without consideration, to the Job Development Authority of the
City of Rolla, North Dakota (in this section referred to as the
``Authority''), all right, title, and interest of the United States in
and to a parcel of real property, with improvements thereon and all
associated personal property, consisting of approximately 9.77 acres
and comprising the William Langer Jewel Bearing Plant in Rolla, North
Dakota.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the Authority--
(1) use the real and personal property and improvements
conveyed under that subsection for economic development
relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or
private entity or person to lease such property and
improvements to that entity or person for such economic
development; or
(3) enter into an agreement with an appropriate public or
private entity or person to sell such property and improvements
to that entity or person for such economic development.
(c) Preference for Domestic Disposal of Jewel Bearings.--(1) In
offering to enter into agreements pursuant to any provision of law for
the disposal of jewel bearings from the National Defense Stockpile, the
President shall give a right of first refusal on all such offers to the
Authority or to the appropriate public or private entity or person with
which the Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, the term ``National Defense
Stockpile'' means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of
Plant.--Notwithstanding any other provision of law, funds available in
fiscal year 1995 for the maintenance of the William Langer Jewel
Bearing Plant in Public Law 103-335 shall be available for the
maintenance of that plant in fiscal year 1996, pending conveyance, and
for the conveyance of that plant under this section.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Administrator. The cost of
the survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under this section as the Administrator determines appropriate to
protect the interests of the United States.
Subtitle D--Other Matters
SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.
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 (12);
(3) in paragraph (12), as so redesignated, by striking out
``or by the Act of March 4, 1911 (43 U.S.C. 961)''; and
(4) by inserting after paragraph (9) the following new
paragraph:
``(10) poles and lines for the transmission and
distribution of electrical power;
``(11) poles and lines for communication purposes, and for
radio, television, and other forms of communication
transmitting, relay, and receiving structures and facilities;
and''.
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, local government, or other entity for the preservation,
management, maintenance, and improvement of cultural resources on
military installations and for the conducting 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 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) Any building, structure, site, district, or object
included in or eligible for inclusion in the National Register
of Historic Places under section 101 of the National Historic
Preservation Act (16 U.S.C. 470a).
``(2) Cultural items, as 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 defined in section
3(1) of the Archaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1)).
``(4) Archaeological artifact collections and associated
records, as defined in 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 the congressional defense
committees a report on the agreement to be entered into,
including the costs to be incurred by the United States under
the agreement; and
(B) a period of 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
and 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) 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. 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''.
TITLE XXIX--MILITARY LAND WITHDRAWALS
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 4.
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 6, during the period of withdrawal, the
Secretary of the Army shall manage for military purposes 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 to implement 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 8(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 lands withdrawn 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 laws and 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 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.
(a) Stockpile Stewardship.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997 for
stockpile stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,676,767,000, to be
allocated as follows:
(1) For core stockpile stewardship, $1,250,907,000 for
fiscal year 1997, to be allocated as follows:
(A) For operation and maintenance, $1,162,570,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $88,337,000, to be
allocated as follows:
Project 96-D-102, stockpile stewardship
facilities revitalization, Phase VI, various
locations, $19,250,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$15,100,000.
Project 96-D-104, processing and
environmental technology laboratory (PETL),
Sandia National Laboratories, Albuquerque, New
Mexico, $14,100,000.
Project 96-D-105, contained firing facility
addition, Lawrence Livermore National
Laboratory, Livermore, California, $17,100,000.
Project 95-D-102, Chemical and Metallurgy
Research Building upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$15,000,000.
Project 94-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase V, various locations,
$7,787,000.
(2) For inertial fusion, $366,460,000, to be allocated as
follows:
(A) For operation and maintenance, $234,560,000.
(B) For 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), $131,900,000 to be
allocated as follows:
Project 96-D-111, national ignition
facility, TBD, $131,900,000.
(3) For technology transfer and education, $59,400,000.
(b) Stockpile Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997 for
stockpile management in carrying out weapons activities necessary for
national security programs in the amount of $1,923,831,000, to be
allocated as follows:
(1) For operation and maintenance, $1,829,470,000.
(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, consolidation pit packaging
system, Pantex Plant, Amarillo, Texas, $870,000.
Project 97-D-122, nuclear materials storage
facility renovation, LANL, 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 HVAC 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.--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 $334,404,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (i), 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 $1,812,194,000, of which
$376,648,000 shall be allocated to the uranium enrichment
decontamination and decommissioning fund.
(b) Waste Management.--Subject to subsection (i), 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 $1,536,653,000, to be allocated as
follows:
(1) For operation and maintenance, $1,448,326,000.
(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 for the 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 (i), 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 $1,269,290,000 to be allocated as follows:
(1) For operation and maintenance, $1,151,718,000.
(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, Aiken, South Carolina,
$2,500,000.
Project 97-D-473, health physics site support
facility, Savannah River, 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, CFC HVAC/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, 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 (i), 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 $375,511,000.
(e) Technology Development.--Subject to subsection (i), 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 (i), 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 (i),
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
(i), 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) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts specified in
subsections (a) through (h) 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.
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.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1997 for other defense
activities in carrying out programs necessary for national security in
the amount of $1,487,800,000, to be allocated as follows:
(1) For verification and control technology, $399,648,000,
to be allocated as follows:
(A) For nonproliferation and verification research
and development, $194,919,000.
(B) For arms control, $169,544,000.
(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, nonproliferation, and national
security, $95,622,000.
(6) For environment, safety, and health, defense,
$63,800,000.
(7) For worker and community transition assistance,
$67,000,000.
(8) For fissile materials disposition, $93,796,000, to be
allocated as follows:
(A) For operations and maintenance, $76,796,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and
land acquisition related thereto):
Project 97-D-140, consolidated special
nuclear materials storage facility, site to be
determined, $17,000,000.
(9) For nuclear security/Russian production reactor
shutdown, $6,000,000.
(10) 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 specified in
subsection (a) reduced by $6,000,000 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.
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.
(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 appropriation 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) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $100,000,000 shall be
available to carry out the following activities within the stockpile
stewardship program:
(1) $20,000,000 for enhanced surveillance involving the
nuclear production plants and the nuclear weapons design
laboratories.
(2) $15,000,000 for a production capability assurance
program for critical non-nuclear components.
(3) $25,000,000 for an accelerated capability to produce
prototype war reserve-quality plutonium pits.
(4) $20,000,000 for dual revalidation of warheads in the
nuclear weapons stockpile.
(5) $20,000,000 for the stockpile life extension program.
(b) Report.--Not later than October 15, 1996, 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 stockpile stewardship program.
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NUCLEAR WEAPONS STOCKPILE.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $125,000,000 shall be
available to carry out the stockpile manufacturing infrastructure
program.
(b) Required Capabilities.--The manufacturing infrastructure
established under the program shall include the capabilities listed in
subsection (b) of section 3137 of Public Law 104-106 (110 Stat. 620).
(c) Report.--Not later than October 15, 1996, 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 stockpile manufacturing infrastructure
program.
(d) Stockpile Manufacturing Infrastructure Program.--In this
section, the term ``stockpile manufacturing infrastructure program''
means the program carried out pursuant to section 3137 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 620).
SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.
The manufacture and fabrication of high explosives and energetic
materials for use as components in nuclear weapons systems shall be
carried out at the Pantex Plant, Amarillo, Texas. No funds appropriated
or otherwise made available to the Department of Energy 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 to any other site or facility of
the Department of Energy.
SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORATORIES FOR LABORATORY-
DIRECTED RESEARCH AND DEVELOPMENT.
(a) Reduction of Funding.--Section 3132(c) of Public Law 101-510
(104 Stat. 1832) is amended by striking out ``6 percent'' and inserting
in lieu thereof ``2 percent''.
(b) Limitation.--None of the funds provided in a fiscal year,
beginning with fiscal year 1997, by the Secretary of Energy to be used
by laboratories for laboratory-directed research and development
pursuant to section 3132(c) of Public Law 101-510 (42 U.S.C. 7257a(c))
may be obligated or expended by such laboratories until a period of 15
days has expired after the Secretary of Energy submits to the
congressional defense committees a report setting forth in detail
information about the manner in which such funds are planned to be used
during that fiscal year. The report shall include a description and
justification of the planned uses of the funds.
SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES WITH
PEOPLE'S REPUBLIC OF CHINA.
(a) Funding Prohibition.--Funds authorized to be appropriated to,
or otherwise available to, the Department of Energy for fiscal year
1997 may not 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 or restricted data were or will be
revealed, and a determination of whether classified or
restricted data 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 October 15, 1996.
SEC. 3136. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.
(a) Funding Prohibition.--Funds authorized to be appropriated to,
or otherwise available to, the Department of Energy for fiscal year
1997 may not be obligated or expended to conduct any activities
associated with international cooperative stockpile stewardship.
(b) Exception.--Subsection (a) does not apply with respect to such
activities conducted between the United States and the United Kingdom,
and between the United States and France.
SEC. 3137. 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 done only one time in a fiscal year to or from
each program or project, and the amount transferred to or from the
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 risk to 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.
SEC. 3138. 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 Defense Programs Management Council to 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 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.
Subtitle D--Other Matters
SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE MEMORANDUM.
(a) Submission of Copy of Memorandum.--Not less than 15 days after
the date of the enactment of this Act, the President shall submit to
the congressional defense committees a copy of the Nuclear Weapons
Stockpile Memorandum approved by the President in April 1996.
(b) Submission of Copy of Memorandum and Report.--Not less than 30
days after the President has approved any update to the Nuclear Weapons
Stockpile Memorandum, the President shall submit to the congressional
defense committees a copy of that Memorandum, together with a report
describing the changes to the Memorandum compared to the previous
submission.
(c) Form.--The submissions required by this section shall be in
classified and unclassified form.
SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND REMANUFACTURING
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. 3143. AMENDMENTS RELATING TO BASELINE ENVIRONMENTAL MANAGEMENT
REPORTS.
Section 3153 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160;107 Stat. 1950) 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''; and
(B) in paragraph (1)(B), by striking out ``in each
year thereafter'' and inserting in lieu thereof ``in
each odd-numbered year thereafter''.
SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR ENVIRONMENTAL
MANAGEMENT PROGRAM.
(a) Authority To Develop Future Use Plans.--The Secretary 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 of
Energy 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) Future Use Advisory Board.--(1) At a defense nuclear facility
where the Secretary of Energy intends to develop a future use plan and
no citizen advisory board has been established, the Secretary shall
establish a future use advisory board.
(2) The Secretary may prescribe regulations regarding the
establishment, characteristics, composition, and funding of future use
advisory boards pursuant to this subsection.
(3) The Secretary may authorize the manager of a defense nuclear
facility for which a future use plan is developed (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 future use advisory board established for that site. 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 Future Use 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
future use 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 site listed in subsection (b), the
Secretary shall develop a draft plan by October 1, 1997, and a final
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 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. 3145. WORKER HEALTH AND SAFETY IMPROVEMENTS AT DEFENSE NUCLEAR
COMPLEX, MIAMISBURG, OHIO.
(a) Worker Health and Safety Activities.--The Secretary of Energy
shall carry out the following activities at the defense nuclear complex
at Miamisburg, Ohio:
(1) Within 12 months after the date of the enactment of
this Act, completion of the evaluation of pre-1989 internal
radiation dose assessments for workers who may have received a
dose greater than 20 rem.
(2) Installation of state-of-the-art automated personnel
contamination monitors at appropriate radiation control points
and facility exits, and purchase and installation of an
automated personnel access control system.
(3) Upgrading of the radiological records software and
integration with a radiation work permit system.
(4) Implementation of a program that will characterize the
radiological conditions of the site and facilities prior to
decontamination so that radiological hazards are clearly
identified and results of the characterization validated.
(5) Review and improvement of the evaluation of continuous
air monitoring and implementation of a personal air sampling
program within 60 days after the date of the enactment of this
Act.
(6) Upgrading of bioassay analytical procedures to ensure
that contract laboratories are properly selected and
independently validated by the Department of Energy and that
quality control is assured.
(7) Implementation of bioassay and internal dose
calculation methods that are specific to the radiological
hazards identified at the site.
(b) Funding.--Of the funds authorized in section 3102(e),
$5,000,000 shall be available to the Secretary of Energy to perform the
activities required by subsection (a) and such other activities to
improve worker health and safety at the defense nuclear complex at
Miamisburg, Ohio, as the Secretary considers appropriate.
(c) Savings Provision.--Nothing in this section shall be construed
as affecting applicable statutory or regulatory requirements relating
to worker health and safety.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
SEC. 3151. PURPOSE.
The purpose of this subtitle is to provide for the expedited
environmental restoration and waste management of Department of Energy
defense nuclear facilities through the use of cost-effective management
mechanisms and innovative technologies.
SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.
(a) Applicability.--This subtitle applies to any defense nuclear
facility of the Department of Energy for which the fiscal year 1996
environmental management budget was $350,000,000 or more.
(b) Defense Nuclear Facility Defined.--In this subtitle, the term
``defense nuclear facility'' means a former or current defense nuclear
production facility that is owned and managed by the Department of
Energy.
SEC. 3153. SITE MANAGER.
(a) Appointment.--The Secretary of Energy shall expeditiously
appoint a Site Manager for each Department of Energy defense nuclear
facility (in this subtitle referred to as the ``Site Manager'').
(b) Scope.--(1) In addition to other authorities provided for in
this Act, the Secretary of Energy 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 of Energy 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 of Energy;
(D) manage Department of Energy 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 significant life cycle costs to the Department of Energy
without the approval of the Secretary of Energy.
(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 of Energy's
authority to delegate other authorities as necessary.
(c) Information to Secretary of Energy.--The Site Manager of a
defense nuclear facility shall regularly inform the Secretary of
Energy, 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. 3154. 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 of Energy 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, or the
fulfillment of current legal requirements.
SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF DEFENSE NUCLEAR
WASTE.
(a) In General.--The Secretary of Energy shall encourage the Site
Manager of each defense nuclear facility to promote the deployment of
innovative environmental technologies for remediation of defense
nuclear waste at the facility.
(b) Criteria.--To carry out subsection (a), the Secretary shall
encourage the Site Manager of a defense nuclear facility to establish a
program at the facility to enhance the deployment of innovative
environmental technologies at the facility. The Secretary may require
the Site Manager, in establishing such a program--
(1) to establish a simplified, standardized, and timely
process for the acceptance and deployment of environmental
technologies;
(2) to solicit applications to deploy environmental
technologies suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) to enter into contracts and other agreements with other
public and private entities to deploy environmental
technologies at the facility; and
(4) to include incentives, such as product performance
specifications, in contracts to encourage the implementation of
innovative environmental technologies.
SEC. 3156. PERFORMANCE-BASED CONTRACTING.
(a) Program.--The Secretary of Energy 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 and
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, allocation of fee or profit reduction
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 of
Energy shall consult with interested parties.
(d) Deadline.--The Secretary of Energy 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. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILITIES AS NATIONAL
ENVIRONMENTAL CLEANUP DEMONSTRATION AREAS.
(a) Designation.--The Secretary of Energy, upon receipt of a
request from a Governor of a State in which a defense nuclear facility
is situated, may designate the facility as a ``National Environmental
Cleanup Demonstration Area'' to carry out the purposes of this
subtitle.
(b) Sense of Congress.--It is the sense of Congress that Federal
and State regulatory agencies, members of the community surrounding the
facilities designated under subsection (a), and other affected parties
should work to develop expedited and streamlined processes and systems
for cleaning up the facilities, to eliminate unnecessary bureaucratic
delay, and to proceed expeditiously with environmental restoration
activities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1997,
$17,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
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.
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 consumed or exhausted during
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.
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.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act, 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 Commission
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 funds in the Panama Canal Commission 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 built in the
United States, 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.
(a) In General.--In section 3 (22 U.S.C. 3602)--
(1) the heading is amended to read as follows:
``definitions
(2) 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
(3) by striking subsection (d).
(b) Clerical Amendment.--The table of contents in section 1 is
amended in the item relating to section 3 by striking ``and
recommendation for legislation''.
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
difference provided for in section 1217 of this Act.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended in the item relating to section 1104 by striking ``and Chief
Engineer''.
(c) 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 uniform 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.
(a) In General.--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.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 1209 and inserting the
following:
``Sec. 1209. Applicability of certain benefits.''.
SEC. 3528. TRAVEL AND TRANSPORTATION EXPENSES.
Section 1210 (22 U.S.C. 3650) is amended to read as follows:
``travel and transportation expenses
``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 of title 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.''.
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.
``(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.
(a) Repeal.--Section 1214 (22 U.S.C. 3654) is repealed.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 1214.
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 and
subchapter II of chapter 84 of title 5, United States Code,
relating to retirement;''.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AUTHORITY OF COMMISSION.
(a) In General.--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.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 1223 and inserting the
following:
``Sec. 1223. Central Examining Office.''.
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
(a) In General.--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 and transportation).
``(11) Chapter 59 (relating to allowances).
``(12) Chapter 63 (relating to leave).
``(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).''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 1224 and inserting the
following:
``Sec. 1224. Applicability of title 5, United States Code.''.
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.
(a) In General.--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.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 1245 and inserting the
following:
``Sec. 1245. Administration of certain disability benefits.''.
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 built in the United States,
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 in any 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 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 depository 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.
(a) In General.--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.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by inserting after the item relating to section 1305 the
following new item:
``Sec. 1306. Printing.''.
SEC. 3541. ACCOUNTING POLICIES.
Section 1311 (22 U.S.C. 3721), the first sentence in subsection (a)
is amended to read as follows: ``The Commission shall establish and
maintain its accounts in accordance with chapter 91 of title 31, United
States Code, and the provisions of this chapter.''.
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 section 5924 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) Clerical Amendments.--Section 1 is amended in the table of
contents by striking each of the items relating to a title, chapter, or
section repealed by subsection (a).
SEC. 3547. EXEMPTION.
(a) In General.--Section 3302 is amended to read as follows:
``exemption
``Sec. 3302. The Commission is exempt from the provisions of
subchapter II of chapter 6 of title 15, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 3302 and inserting the
following:
``Sec. 3302. Exemption.''.
SEC. 3548. MISCELLANEOUS CONFORMING AMENDMENTS TO TITLE 5, UNITED
STATES CODE.
Title 5, United States Code, is amended--
(1) in section 3401(1) by striking clause (v) and
redesignating clauses (vi) through (viii) as clauses (v)
through (vii), respectively;
(2) in section 5102(a)(1) by striking clause (vi) and
redesignating clauses (vii) through (xi) as clauses (vi)
through (ix), respectively;
(3) in section 5315 by striking ``Administrator of the
Panama Canal Commission.'';
(4) in section 5342(a)(1) by striking subparagraph (G) and
redesignating subparagraphs (H) through (L) as subparagraphs
(G) through (K), respectively;
(5) in section 5343(a)(5) by striking ``the areas and
installations'' and all that follows through ``Panama Canal Act
of 1979),'';
(6) in section 5348--
(A) by striking subsection (b) and redesignating
subsection (c) as subsection (b); and
(B) in subsection (a) by striking ``subsections (b)
and (c)'' and inserting ``subsection (b)'';
(7) in section 5373 by striking paragraph (1) and
redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively;
(8) in section 5537(c) by striking ``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 ``the District Court of Guam and the District
Court of the Virgin Islands.'';
(9) in section 5541(2)(xii)--
(A) by inserting ``or'' after ``Services
Administration,''; and
(B) by striking ``, or a vessel employee of the
Panama Canal Commission'';
(10) in section 7901 by amending subsection (f) to read as
follows:
``(f) The health programs conducted by the Tennessee Valley
Authority are not affected by this section.'';
(11) in section 5102(c) by repealing paragraph (12);
(12) in section 5924(3) by striking the last sentence
thereof; and
(13) in section 6322(a) by striking ``, or the Republic of
Panama''.
SEC. 3549. REPEAL OF PANAMA CANAL CODE.
Section 3303 (22 U.S.C. 3602 note) is amended by adding at the end
the following new subsection:
``(c) The Panama Canal Code is repealed effective on the date of
the enactment of the Panama Canal Act Amendments of 1996.''.
SEC. 3550. MISCELLANEOUS CLERICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendments.--The table of contents in section 1 is
amended in the items relating to sections 1101, 1102a, 1102b, and 1313
by inserting ``Sec.'' before the section number.
(b) Conforming Amendment.--Section 1303 (22 U.S.C. 3713) is amended
by striking ``section 1302(c)(1)'' each place it appears and inserting
``section 1302(b)(1)''.
Passed the House of Representatives May 15, 1996.
Attest:
ROBIN H. CARLE,
Clerk.