[Congressional Record Volume 142, Number 67 (Tuesday, May 14, 1996)]
[House]
[Pages H4925-H5033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

  The SPEAKER pro tempore. Pursuant to House Resolution 430 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3230.

                              {time}  1555


                     in the committee of the whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3230) to authorize appropriations for fiscal year 1997 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 1997, and for other purposes, with 
Mr. Barrett of Nebraska in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from South Carolina [Mr. Spence] and 
the gentleman from California [Mr. Dellums] will each control 1 hour.
  The Chair recognizes the gentleman from South Carolina [Mr. Spence].


             altering order of consideration of amendments

  Mr. SPENCE. Mr. Chairman, pursuant to section 4(c) of House 
Resolution 430, I request that during the consideration of H.R. 3230, 
amendments Nos. 1 and 2 printed in part A of House Report 104-570 be 
considered after all other amendments printed in that part of the 
report.
  The CHAIRMAN. The gentleman's request is noted.
  Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
  (Mr. SPENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. SPENCE. Mr. Chairman, H.R. 3230 continues an effort we began last 
year to revitalize this country's national defenses after a decade of 
spending decline and force structure reductions. For the second 
consecutive year, and in a bipartisan fashion, the National Security 
Committee has reported a bill that I believe considers the future more 
realistically, and address shortfalls and shortcomings in the present 
more aggressively, than does the administration. Moreover, the 
committee's efforts have been undertaken within the broader context and 
constraints of a commitment to balance the budget by the year 2002.
  The primary mission of our military forces has not changed very much 
since the fall of the Berlin Wall--it remains the protection and 
promotion of vital U.S. interests around the world. Despite the end of 
the cold war, the events of just the past year clearly demonstrate that 
new challenges to U.S. global interests are emerging on many fronts.
  China, as an emerging power, has demonstrated a disturbing 
willingness to use military force as a tool of coercion as it threatens 
stability, prosperity and the growth of democracy in East Asia. The 
administration's decision last week to waive sanctions against the 
Chinese for their export of nuclear sensitive technology to Pakistan 
undermines this country's commitment to nonproliferation in the eyes of 
much of the world, and seemingly rewards Beijing's leaders for their 
increasingly assertive and aggressive diplomacy throughout the region.
  Russia, as a disintegrating military superpower, careens back and 
forth from extreme nationalism to unreconstructed communism as it 
struggles to hold itself together in the post-cold-war world. As it 
does, it

[[Page H4926]]

wages a bloody war in Chechnya, threatens the use of nuclear weapons in 
response to NATO expansion and sells advanced weaponry of all kinds--
including nuclear technologies--to anyone willing to pay cash. We spend 
United States taxpayer's dollars to assist Russia and other countries 
of the former Soviet Union to dismantle their nuclear weapons, yet 
Moscow maintains its nuclear forces at cold war levels of readiness and 
continues to invest scarce resources in further strategic 
modernization.
  And throughout the world, America confronts a lengthening list of 
failed and failing states, terrorism, proliferation of weapons of mass 
destruction and ethnic, tribal, and religious conflict. The events of 
the past year and the range of U.S. peacekeeping and humanitarian 
missions testifies to the rise of ethnic violence, terrorism and other 
challenges to the evolving post-cold-war world.
  The administration's underfunding of U.S. military forces stands in 
stark contrast to this troubling strategic landscape, as does its 
extensive use of the military on missions of peripheral U.S. national 
interest. The gap between our national military strategy and the 
resources this administration has decided to commit to executing that 
strategy, estimated by some to be greater than $100 billion, continues 
to widen. So the result is a Department of Defense that has been 
designed to carry out one set of missions, is being called upon to 
execute an entirely different set of missions, and is inadequately 
funded for either. The result is a deepening sense of confusion, 
frustration, and disarray in our military.
  Consequently, H.R. 3230 once again attempts to address the shortfalls 
and shortcomings created by the internal contradictions of the 
administration's defense program. Beginning last year, the committee 
focused its efforts on the four key pillars of a sound national 
defense; improving the quality of military life; sustaining core 
readiness; revitalizing an underfunded modernization plan; reforming 
and innovating the Pentagon. H.R. 3230 builds on last year's efforts in 
these four key areas.
  The bill provides $266.7 billion in budget authority for Department 
of Defense and Department of Energy programs and is $600 million below 
the spending levels set by the Budget Committee for the national 
security budget function in fiscal year 1997. The bill provides for 
$2.4 billion more than current fiscal year 1996 authorized spending 
which, when adjusted for inflation, represents a real decline of 
approximately 1.5 percent in spending and not an increase. The fact 
that this bill authorizes defense spending at a level that is $12.4 
billion greater than the President's request, yet still reflects 
spending decline, speaks volumes about the extent to which the 
President is underfunding the military.

  I will leave discussion of the many important initiatives in the bill 
to my colleagues on the National Security Committee who have worked 
very hard since late February to get this bill to the floor this early 
in the year. In particular, I would like to recognize the diligence and 
dedication of the subcommittee and panel chairman and ranking members. 
Unlike most committees in the House, the National Security Committee's 
seven subcommittees and panels are each responsible for producing 
discreet pieces of the broader bill. From the outset of the process, 
ensuring that the bill comes together in a coherent product requires a 
lot of planning, coordination and teamwork, all of which I have 
consistently been able to count on.
  Because our fiscal year 1996 defense authorization bill was not 
enacted until this past February, the National Security Committee had 
no chance to pause before launching into the fiscal year 1997 hearing 
and mark-up process in order to get the bill to the floor this early in 
the legislative cycle. I applaud the efforts of my colleagues on the 
committee, all or who are responsible for us being here today.
  In particular, I would like to recognize the contributions of the 
gentleman from California, the committee's ranking member, Mr. Dellums. 
He is one of this institution's most articulate Members as well as 
strongest proponents of the deliberative process. The committee's work, 
and this bill, are that much better because of it.
  And finally, Mr. Chairman, I would like to thank the staff. This bill 
authorizes funding for approximately 50 percent of the Federal 
Government's discretionary budget. To say it is a lot of work is an 
understatement. We have a small staff relative to the size of the 
committee and the magnitude of our oversight responsibilities, so the 
work gets done only through great dedication and effort.
  In sum, Mr. Chairman, I urge strong bipartisan support for this 
bipartisan bill. The Constitution makes raising and maintaining the 
military one of Congress's most fundamental responsibilities. H.R. 3230 
clearly demonstrates the extent to which the National Security 
Committee has taken this responsibility seriously.

                              {time}  1600

  Mr. Chairman, I reserve the balance of my time.
  Mr. DELLUMS. Mr. Chairman, I yield myself 11 minutes.
  Mr. Chairman, I take a few moments to express my concerns with H.R. 
3230, the National Defense Authorization Act for fiscal year 1997. I 
would begin at the outset by thanking my distinguished colleague for 
his very kind and generous remarks with respect to this gentleman in 
his opening remarks.
  Second, I would like to thank the gentleman from South Carolina, 
Chairman Spence, again for a more bipartisan approach to this year's 
bill, both at the staff and member level. But I would hasten to add, 
Mr. Chairman, civility, collegiality and some effort at bipartisanship 
notwithstanding, there remain many issues that caused me to vote 
against the bill in committee and to offer additional and dissenting 
views on its reports.
  I refer my colleagues who are interested to those views and will 
request that at the appropriate time they be approved for inclusion 
into the Record.
  Let me enumerate some of my concerns. First, Mr. Chairman, the 
unwarranted, I underscore, unwarranted addition of nearly $13 billion 
to the defense topline is justified primarily to meet a notional 
modernization crisis. The hue and cry over modernization reminds me of 
last year's readiness crisis, another purported crisis that quickly 
evaporated before conference was concluded on last year's bill.
  Careful thinking would conclude that there is no modernization 
crisis. The leadership of the Department of Defense has offered a 
cogent and calm viewpoint demonstrating that the drawdown of our forces 
has allowed for a slower replacement of our weapon systems. The 
carefully crafted future years defense plan adequately meets 
modernization requirements while allowing us to fund other important 
accounts in our overall budget.
  In many cases, it would appear that the committee adds were made with 
little consideration to the ability to sustain the program, which will 
cause disruptive program instabilities and forestall our ability to 
meet future program needs.
  Rather than, Mr. Chairman, buying more hardware now, we should invest 
in technologies of the future, both the direct military technologies, 
including innovative nonlethal weapons technology more appropriate to 
operations other than war, to operations such as operations that are 
being carried out in Bosnia, humanitarian efforts in other parts of the 
world and into those dual-use technologies that will give our economy a 
leg up as we move into the next century. Our failure to plan and invest 
wisely for the future because of hyperbolic claims about a 
modernization crisis will harm our national security in both the short 
and long term.
  Mr. Chairman, it is true as well that failure to fund the domestic 
education and economic development programs that form a critical 
element of our national security strategy is contrary to our long-term 
national interests.
  Second, the bill fails to take advantage of the opportunities to move 
further beyond the nuclear abyss, Mr. Chairman, whether it is in the 
form of constraints on the cooperative threat reduction program, 
euphemistically referred to as the Nunn-Lugar program, that destroys 
nuclear weapons in the former Soviet Union or the needless acceleration 
of Department of Energy weapons programs or the continuing restrictions 
on retiring strategic systems, these are all missed opportunities.

[[Page H4927]]

  Third, the bill contains the funding for an overly aggressive and 
unnecessary national missile defense program that would be noncompliant 
with the ABM Treaty.

  The combination of all these three issues, when combined with the 
prospect of near-term NATO expansion, has contributed dramatically, in 
this gentleman's view, to destabilizing our relationship with Russia. 
In turn, it has reduced the prospect that we can work with democratic 
forces in Eastern Europe to achieve long-term stability in Europe, 
stability based upon a respect for human rights, economic development 
and a nonthreatening balance of military power in the region.
  Fourth, the bill grabs hold of numerous hot button cultural issues. 
The Committee, without hearings, Mr. Chairman, negated the do not ask 
do not tell policy in its mark and returns us to an era in which 
capable, willing gay men and lesbians are completely denied the 
opportunity to serve their Nation in uniform.
  The committee, again without hearings, required the discharge of 
personnel who test positively for HIV-1 virus, which is neither 
medically nor militarily necessary. It flies in the face, Mr. Chairman, 
it flies in the face of Congress's very recent appeal of such a policy 
before it even went into effect. Our service personnel, who have served 
this Nation with honor, with distinction and professionalism, need 
better treatment from their Government than this.
  The committee refused to return the right of secure safe abortion to 
servicewomen serving overseas. The committee trampled on the 
Constitution's first amendment protections by embracing overly broad 
and vague language in an effort to suppress lascivious literature and 
other media.
  Mr. Chairman, before I conclude, let me just say that I believe that 
because all of these reasons, in order to make it in order that we be 
able to more successfully fix the problems that are in this bill, I 
urge the committee to reject this bill as reported by the committee.
  With whatever time I have remaining, I would like to point out to my 
colleagues that, as I said before, the topline in this budget increases 
President Clinton's budget request by nearly $13 billion, no small sum 
at all. That is what makes politics. That is why there is a Republican 
Party and a Democratic Party, left, right and center on the political 
perspective.
  What is tragic to this gentleman, who has always attempted to take 
the floor of this body not to challenge on the basis of partisanship, 
not to challenge on the basis of personality but to be prepared to 
challenge any Member of Congress on the issues of the day, on the 
critical, vital issues of our time, we ought to be able to debate, win 
or lose. The tragedy is that the rule that governed this bill did not 
allow, Mr. Chairman, not one single amendment to reduce the overall 
level of the military budget in a post-cold-war environment.
  Some may rationalize the inclusion of 13 additional billion dollars. 
But there are some of us in this body who are prepared to discuss 
rationally, intelligently and cogently and substantively that there is 
no rational military requirement to add $13 billion in a post-cold war 
so-called balanced budget limited dollar environment. But we were 
denied the opportunity.
  For the first time in my 25-plus years in the Congress, denied 
outright any opportunity to cut the budget, rendering those of us who 
believe that $13 billion additional in the budget is virtually obscene, 
rendered us impotent in our capacity to challenge on behalf of 
constituencies in this country who believe that there is no need for 
$13 billion additional. No opportunity whatsoever.
  Mr. Chairman, if we look at the amendments that were made in order, 
it does not allow us not only to break into the topline, we cannot even 
get at the priorities. Of the six major amendments that have been made 
in order, two of them are not going to be offered. So we are down to 
four. Of the 35 minor amendments that were primarily language 
amendments, noncontroversial, seeking studies and reports, most of 
those 35 amendments will be rolled into two omnibus amendments, 
bipartisan, noncontroversial. So for a military budget of close to $170 
billion, we will move across this floor with a degree of alacrity that 
staggers the imagination, in this gentleman's opinion, is frightening.
  In the atmosphere of a balanced budget, we ought to pay more 
attention to nearly $270 billion. In a post-cold-war environment, where 
we are not moving into an era of change and transition and challenge 
and opportunity, we ought to be able to talk about a rational military 
budget that walks us into the 21st century with pride and dignity and 
competence and capability. But to deny that in the rule means that when 
my colleagues adopted the rule, they adopted this budget. With rare 
exception we could have given the rule, and what I am saying to my 
colleagues is, with rare exception, this military budget, $267 billion, 
could have been offered on the suspension calendar. There are no major 
amendments here; there are no amendments that take $1 out of this 
budget. There are no amendments, with rare exception, that make any 
major policy changes.

                              {time}  1615

  Something is wrong with this process. I did not labor marching uphill 
to find us in a post-cold war environment with great opportunities for 
25 years, to come to the floor, rendered totally impotent, in my 
capacity to try to shake the reality, along with my colleagues, of the 
billions of dollars we are spending on defense and to move us in a 
direction that makes sense.
  I conclude that I will oppose this bill for all the reasons that I 
have enunciated. I urge my colleagues to reject this bill. Let us go 
back to committee and fix the problems.
  Mr. Chairman, I include the following material for the Record:

          Additional and Dissenting Views of Ronald V. Dellums

       I offer dissenting views because I am deeply troubled by 
     several aspects of the authorization bill and its report, 
     most especially by its overall focus and directions. I remain 
     convinced that the authorization top line is significantly 
     higher than required for the military aspects of our national 
     security strategy. It may be true that the committee marked 
     to a top line that it anticipates in the coming fiscal year 
     1997 budget resolution. Despite this, I believe it had the 
     opportunity to make prudent reductions in the overall program 
     authorization, thereby providing guidance to the Committee on 
     the Budget as to how better to meet deficit reduction goals. 
     Moreover, I remain convinced that the significant plus-up 
     over the President's request has caused a lack of focus and a 
     lack of discipline in our procurement and research and 
     development accounts, a point to which I will return later.
       Despite the collegial and effective working relationship 
     between the committee's majority leadership and the minority, 
     there has at times been a troubling partisan appearance to 
     some of the committee's business and is reflected in the 
     committee report as well. Most troubling has been an 
     unwillingness to hear from administration witnesses on 
     important policy issues before the committee. It is certainly 
     true that outside experts provide important insight into the 
     policy choices and strategic circumstances we confront, but 
     we owe ourselves the responsibility to hear also from 
     government experts and responsible officials. What is 
     especially troubling is that we have failed to request the 
     traditional intelligence threat briefing which has provided a 
     cogent perspective on the strategic requirements that we 
     face. Given our rapidly changing world, this annual review is 
     even more important now than it was during the period of the 
     Cold War.
       A small but important additional example of this problem is 
     the committee's determination to plumb the conclusions 
     reached by the Intelligence Community in a National 
     Intelligence Estimate (NIE) on the ballistic missile threat 
     to the United States. Whether or not there is a legitimate 
     concern about the development of the NIE and whatever 
     questions one has regarding the validity of its conclusions, 
     it is unconscionable that we have failed to have the 
     Intelligence Community before the committee to testify on the 
     NIE's contents and its methodology. I have requested such a 
     committee hearing on several occasions, and am disappointed 
     that this has not occurred. While I am willing to support the 
     provisions contained in the committee report asking the 
     Director of Central Intelligence to review both the matter of 
     the NIE and to develop an updated and expanded assessment, 
     and while I accept the majority's interest in having an 
     alternative analysis analysis rendered, it concerns me that 
     we have gotten to this point without a full committee 
     deliberation on the substance and development of the IN.
       While the fiscal year 1997 authorization bill reported by 
     the committee does not itself contain highly contentious 
     provisions on the command and control of U.S. armed forces 
     participating in peacekeeping operations, the issue arises in 
     a free-standing piece of legislation marked-up the same day 
     by the committee and reported as H.R. 3308 just three months 
     after the Congress sustained the President's veto of the 
     National Defense

[[Page H4928]]

     Authorization Act for Fiscal Year 1996 on this issue, among 
     other reasons.
       The same point can be made for the committee's decision to 
     report out H.R. 3144, a national missile defense program 
     guideline clearly calculated to breach the ABM Treaty and 
     return the United States to pursuit of a ``star wars'' 
     missile defense program. A less extreme formulation for 
     national missile defense program activity was met with a 
     Presidential veto on last year's defense authorization bill. 
     As with the command and control issue, it strikes this 
     gentleman that there is a little legislative reason to have 
     decided to push forward an even more extreme ballistic 
     missile defense program, given that it is surely destined to 
     meet a Presidential veto as well. Our committee must achieve 
     its policy goals through legislation, and obviously that 
     activity must be bound by the constraints of our 
     Constitution's separation of powers between the Branches. 
     Pursuing legislation knowing that it will be vetoed, when 
     nothing has occurred to change the imaginable outcome seems a 
     political rather than a legislative course.
       But the national ballistic missile defense issue is also 
     embedded in the committee recommendation and report on H.R. 
     3230 in important ways. And there is much more commonality 
     between the administration and the Congress on this issue 
     than the political rhetoric would suggest. Many of the 
     differences between the two approaches are rooted on a 
     perception of the timing of the appearance of a threat to 
     which we would need such a response. This is essentially a 
     function of risk management, and how to determine what type 
     of ``insurance policy'' we wish to purchase against such a 
     future contingency. What is less focused on but should be 
     very central to the debate, is the cost and character of the 
     alternative ``insurance policies'' that are available to the 
     Nation. And this is where the parties diverge.
       The administration's current national ballistic missile 
     defense plan can provide for an affordable defense against 
     limited ballistic missile threats before those threats will 
     emerge. It does so in a way that anticipates likely changes 
     in the threat from today's estimates. It also does so in a 
     way that avoids becoming trapped in a technological cul-de-
     sac by a premature deployment of a potentially misdirected 
     system.
       The committee recommendation and its report would unfocus 
     U.S. efforts by pursuing space-based interceptors without 
     regard to ABM Treaty requirements, START treaty 
     considerations and the threat reduction and strategic 
     stability goals that the treaties promise.
       This course of action commits us as well to an incredibly 
     expensive and ultimately unaffordable path. Both the 
     department's 3+3 program and the Spratt substitute to H.R. 
     3144, provide for a more capable missile defense system when 
     deployed, and one that is affordable within current budget 
     projections. It blends arms control and 
     counterproliferation activities with deterrence and 
     missile intercept capabilities. It thus pursues the most 
     effective approach to missile defense, preventing missiles 
     from being deployed at all, while providing a prudent 
     ``insurance policy'' against limited but as of yet non-
     existent threats.
       The overreliance by the committee on a ``hardware'' 
     solution to intercept incoming missiles in the final minutes 
     of their flight time, risks constructing a very expensive 
     21st Century Maginot Line. Such a defense strategy may well 
     prove as ineffective to the 21st Century threats we might 
     face as the original Maginot Line was in defending France 
     during World War II.
       Returning now to refocus on the issue of the size of the 
     top line and its impact on our procurement choices, I am 
     reminded of echoes from last year's debate on the fiscal year 
     1996 authorization bill.
       During that debate, we heard a hue and cry that there 
     existed a readiness crisis in the services. Foregone training 
     and maintenance, as well as ``optempo'' stress were all 
     allegedly impacting adversely on the U.S. armed force's 
     ability to perform its principal missions. This hue and cry 
     was raised despite assurances by the top military leadership 
     that the force was receiving historically high levels of 
     operational funding and was as ready a force as we had ever 
     had. Facts have borne out their more sober assessment and, 
     indeed, one can say that the relatively modest increased 
     investment that the fiscal year 1996 defense authorization 
     conference in the end committed to the readiness accounts 
     confirmed the view that a ``crisis'' did not really exist. 
     The small increase in the readiness account proposed in the 
     fiscal year 1997 authorization bill lends additional credence 
     to this assessment.
       This year's hue and cry is that there is a 
     ``modernization'' crisis, with much displaying of data to 
     support the view that low levels of procurement spending must 
     equate with an insufficient modernization strategy. What is 
     so remarkably similar about this debate with last year's 
     debate on readiness are three things.
       First, the services generally agree that they could all 
     ``use'' more money for procurement this year, but that they 
     could meet their requirements with what had been budgeted as 
     long as long-term trends supported their needs. This sounds 
     very much like ``we're missing some training'' but ``we're as 
     ready as we've ever been.''
       Second, the leadership of the Department of Defense has 
     offered a cogent and calm viewpoint that the drawdown of the 
     force structure from its Cold War levels allowed them one 
     more year's grace before they needed to begin to replace 
     equipment that had been procured in large numbers during the 
     1980s for a much larger force. In other words, they had a 
     plan, it was being managed, and they could perform their 
     mission. And they could more appropriately use defense 
     resources in other accounts and reserve for the future year's 
     defense plan a significant increase in procurement dollars.
       Third, while the committee invited the service chiefs to 
     submit their ``wish list'' for additional procurement items, 
     it has not followed the Secretary of Defense's plea to limit 
     procurement additions to those items needed by the services. 
     By my calculation approximately half of the procurement 
     plus-up does not meet that qualification.
       Not satisfied with this explanation the committee 
     recommendation would spend an additional $7.5 billion on 
     procurement, and as I noted above much of that on 
     requirements not established by the service chiefs. I believe 
     that this unsolicited largess is imprudent and will have 
     significant adverse impact on our ability to meet real future 
     requirements. It will provoke budget and program disruptions 
     in the near term and it will preempt important opportunities 
     into the future.
       In many cases it would appear that these adds were made 
     with little consideration to the ability to sustain the 
     program in the next year. The disruptive business and human 
     implications of creating program instabilities by ``spiking'' 
     procurement for one or two years could haunt the military 
     industrial base for years to come. This is a costly and 
     ineffective way to approach long-term modernization 
     requirements. In addition, it would also appear that program 
     risks, indeed even assessing the department's ability to even 
     execute a program, may not have been given adequate 
     consideration in determining authorization levels.
       Equally important and worse, the committee recommendation 
     throws much of this money into systems that were designed 
     ``to fight the last war.'' This is a common failing that is 
     so easily avoidable. In addition, the procurement ``theme'' 
     to solve the ``crisis'' appears to be only to buy more, and 
     often not more of what the service chiefs requested. This 
     binge in procurement both purchases needlessly redundant 
     weapons capabilities and does so in excessive amounts. With 
     regard to the former, we will end making purchases of too 
     many different systems, rather than making choices and 
     sticking with the best choice. With regard to the latter, we 
     are spending our investment capital to buy unneeded equipment 
     for today that will prevent us from purchasing the right 
     equipment when it becomes available tomorrow.
       Rather than buying more hardware now, we should invest in 
     the technologies of the future, both the direct military 
     technologies, including innovative non-lethal weapons 
     technology more appropriate to operations other than war, and 
     into those dual-use technologies that will give our economy a 
     leg up as we move into the next century. Our failure to plan 
     and invest wisely for the future because of hyperbolic claims 
     about a modernization ``crisis'' will harm our national 
     security in both the short and long term.
       Much more could be said about this particular problem. Let 
     me summarize my views in this area by saying that this 
     extravagant level of spending is neither needed for our 
     current military requirements nor prudent for meeting the 
     needs of the future. In addition, it contributes to a defense 
     authorization top line that needlessly consumes resources 
     from the two other elements of our national security triad: 
     our economy and our foreign policy program that can dampen 
     the circumstances that give rise to war. And, unlike money 
     put into the operations and maintenance accounts, it is not 
     easily or efficaciously diverted to other priorities when 
     hindsight establishes that the perceived requirement in fact 
     does not exist.
       There are other issues and problems in this report other 
     than with its dollar level and the procurement choices. They 
     deserve illumination as well.
       Foremost among them are the several issues that erupted in 
     the personnel title of the bill and report. While I do not 
     support the current ``don't ask, don't tell'' policy on gays 
     and lesbians serving in the military, I more strongly reject 
     the committee's view that we should return to an era in which 
     capable and willing gay men and lesbians were denied the 
     opportunity to serve their nation in uniform. I support a 
     policy that would allow individuals to serve regardless of 
     sexual orientation. Clearly ``don't ask, don't tell'' has not 
     provided the protections to such individuals that its 
     crafters felt it would; but a return to an era of repression 
     and intolerance is not the solution.
       By way of explanation of the necessity for the change in 
     policy under section 566 of this legislation, the committee 
     elsewhere in this report cites at length the decision in the 
     case by the United States Court of Appeals for the Fourth 
     Circuit in the case of Paul G. Thomasson, Lieutenant, United 
     States Navy, Plaintiff-Appellant, v. William J. Perry, 
     Secretary of Defense; John H. Dalton, Secretary of the Navy, 
     Defendants-Applies.
       It is useful to note that this case is but one of several 
     that are expected to be heard before the United States 
     Supreme Court later this year on the issue of the 
     Administration's ``don't ask, don't tell'' policy. No fewer 
     than eight other cases on the policy are presently before the 
     federal courts. In the last year, judges in two of those 
     cases reached the opposite view of the judges in

[[Page H4929]]

     the Thomasson case, yet the committee does not make reference 
     to those decisions.
       The committee has not held a single hearing on the issue of 
     gays and lesbians in the military in either the first or 
     second session of the 104th Congress--the period during which 
     the current policy has been implemented. Though the committee 
     obviously feels that it is of utmost importance to change the 
     current policy, it did not choose to expend any time or 
     effort to get the views of witnesses from the military, the 
     administration or the public on the issue. Instead, it relies 
     on the decision on one court case to base a major change to 
     military policy.
       If the committee is to make an informed and thoughtful 
     decision on this matter, it should make the effort to shed 
     light on the competing views and experiences that represent 
     all sides on this complex and important issue through the 
     committee hearing process. The committee avoids the subject 
     by relying instead on the judicial branch for justification 
     and to explain Congressional intent. By including legislative 
     provisions in the subcommittee chairman's mark without any 
     discussion of the matter, the committee demonstrates a lack 
     of faith in the hearing process, betrays a lack of confidence 
     that its provision would prevail under scrutiny, and abuses 
     the prerogatives of the majority.
       Similarly the committee's recommendation to discharge 
     personnel who test positive for the HIV-1 virus is medically 
     and militarily unnecessary and flies in the face of the 
     Congress's very recent determination to rescind such a policy 
     even before it went into effect. Of even greater concern than 
     having established a policy for which there is no military 
     requirement, the committee's recommendation pretends that it 
     has protected the medical disability rights of personnel 
     who will face discharge under its provisions. This is a 
     disingenuous formulation given that the committee was 
     fully apprised that in order to provide such protection it 
     would have to do so in legislative language, which it 
     refused to do because of the direct spending implications 
     that would have forced funding cuts in other accounts. Our 
     service personnel who have served this nation with honor, 
     distinction and professionalism need better from their 
     government than this.
       In language on section 567, elsewhere in this report, the 
     committee directs the Secretary of Defense to ``deem 
     separating service members determined to be HIV-positive as 
     meeting all other requirements for disability retirement * * 
     *.''
       While giving the appearance of providing for medical 
     retirement, the fact is that such language had to be stripped 
     from the bill by amendment in the full committee markup 
     because of direct spending implications. The Congressional 
     Budget Office has scored this provision as costing $27 
     million over the next five years, and it could not be enacted 
     without identifying an offset to pay for it. The committee 
     could not accomplish this and, instead, decided to foist the 
     problem off on the Department of Defense as an unfunded 
     mandate, and then take credit for supposedly providing the 
     medical retirement benefit.
       Worse yet, it turns out that the Secretary of Defense may 
     not have the statutory authority to fund such a mandate ``out 
     of hide'' in any case. 10 U.S.C. Sec. 1201 and 1204 direct 
     DoD to use the Department of Veterans Affairs rating 
     schedule. While the tables currently indicate that a 
     servicemember who is symptomatic of AIDS is eligible for 
     medical retirement, it rates a servicemember who has 
     asymptomatic HIV with a zero percent disability rating. 
     Consequently, they would not be entitled to disability 
     retired pay.
       Under these circumstances, and since the law which would be 
     reinstated by this section was repealed, the member who is 
     discharged under section 567 would have no medical or 
     retirement benefits at all, nor would the members of his or 
     her family. He or she would be promptly discharged within two 
     months of testing positive for HIV-1 virus. It would be the 
     height of irresponsibility to enact such a provision without 
     first clearing up these discrepancies.
       The committee's refusal to return the right to secure safe 
     abortion services to servicewomen serving overseas is an 
     additional reason why I could not support the bill being 
     reported. Of equal concern to our servicewomen should be the 
     committee's apparent view of the role of women in combat-
     related specialties and the important equal-opportunity 
     problems that its position raises.
       On another social issue, the committee has trampled on the 
     Constitution's First Amendment protections by embracing 
     overly broad and vague language in an effort to suppress 
     pornographic literature and other media. Despite the 
     obviously degrading and sexist imagery of such media, those 
     who would publish, sell or purchase them enjoy the protection 
     of the Constitution. Surely better ways exist to overcome 
     these problems than by legislating overly broad and 
     unconstitutional attacks on the problem.
       The committee's decision to weigh in on these cultural 
     battles in this manner will, I believe, be to the ultimate 
     detriment of the morale and welfare of our service personnel. 
     We are a diverse society, with varying views on these issues. 
     As such, we should decline as a legislature to impose a 
     narrow view that fails to account fully for the human dignity 
     of all in our society. Civility, morality and the 
     Constitution all argue for such restraint. Failure to yield 
     to the natural progression of expanded civil and human rights 
     will only result in further turmoil, which will be adverse to 
     the national security interests of our nation.
       In this regard, let me note my appreciation for the 
     committee's action to confront in a purposeful and reasonable 
     manner the problem of hate crime in the military. Obviously, 
     we are a multi-racial, multi-ethnic and multi-cultural 
     society, a society with varying religious traditions. With a 
     Constitution committed to the equality of each person, we 
     seek to vindicate the promise of that equality. The provision 
     in the committee recommendation helps to build upon the 
     military's successes in moving toward making that principle a 
     reality, and should help to overcome the shortcomings where 
     they have occurred.
       The committee's treatment of international, peacekeeping 
     and arms control issues displays a continuing resistance to 
     realign our requirements and resources to the realities 
     emerging in this new strategic era. It has become apparent 
     that operations other than war, such as our participation in 
     the peacekeeping effort in Bosnia-Herzegovina, will become 
     more and more common. Yet the image of the U.S. servicemember 
     as peacekeeper is new and it does not yet fit comfortably in 
     the view of the committee. As a result, the committee 
     attempts to micromanage the services, and the Commander in 
     Chief, as I noted above, as they seek to implement these 
     efforts at which we are relatively new participants. The 
     report language requiring probing insight into military plans 
     to withdraw from what is thus far a highly successful effort 
     in Bosnia, for example, is both insulting to our service 
     leadership and potentially dangerous in what it could reveal 
     about our planning process.
       The committee and the Congress surely have an oversight 
     responsibility; but it is equally clear that we do not have 
     management responsibility, and the Framers of our 
     Constitution clearly viewed it that way. I would have hoped 
     that we could have demonstrated more confidence in our 
     service leaderships and their ability to develop and 
     implement an appropriate plan for the withdrawal of the U.S. 
     forces in Bosnia. Similarly, the committee's recommendations 
     concerning humanitarian demining and amending the prospective 
     land-mine use moratorium are disturbing and will unduly 
     constrain our theater CINCS in pursuing demining programs 
     that are an essential part of their overall strategy in their 
     area of responsibility.
       On another positive note, let me support the determination 
     reached in this bill that the environmental management and 
     restoration programs operated by the Department of Defense 
     and the Department of Energy are important and integral parts 
     of our military requirements. I am pleased that we have not 
     had the same struggle over both funding levels and authority 
     that I believe plagued last year's effort and I look forward 
     to continuing to work with the committee to fashion effective 
     programs for accelerating clean-up, making environmental 
     management more effective and efficient and for saving 
     money on these accounts as a result.
       I remain concerned though with the funding levels and 
     program direction of the nuclear weapons program accounts of 
     Title XXXI. The addition of funds to the requested levels for 
     stockpile stewardship and management seem unnecessary given 
     the still pending Programmatic Environmental Impact Statement 
     on Stockpile Stewardship and Management. While I appreciate 
     the committee's responsiveness in establishing a modest fence 
     around the stewardship increase, I do not believe that the 
     committee has taken sufficient time to inquire fully into the 
     opportunities available for a more fundamental reassessment 
     of our nuclear weapons policy.
       The permanent extension of the Non Proliferation Treaty 
     concluded last year was achieved in part because of the U.S. 
     reaffirmation of its adherence to the Treaty's Article VI 
     requirement to reduce our arsenal towards elimination. 
     Despite the fact, that this is, and remains, the policy of 
     our government, we are not proceeding outside of our 
     bilateral discussions with Russia under the START process to 
     pursue further reductions. I am concerned that such a failure 
     will lead to lost opportunities that seemed so promising only 
     a year and a half ago, when President Clinton and Russian 
     President Yeltsin jointly declared that each nation would 
     consider pursuing such unilateral initiatives.
       Finally, let me note that, despite my disagreements with 
     the committee report, I applaud the chairman and my 
     colleagues for their willingness to work cooperatively where 
     possible to find common ground on the important issues 
     covered in the recommended bill and its accompanying report. 
     I am concerned that, despite this collegiality, we may have 
     produced a committee recommendation that remains vulnerable 
     to a Presidential veto because of the weight of the many 
     contentious matters that it contains.

  Mr. DELLUMS. Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from 
California [Mr. Hunter] who is chairman of our Subcommittee on 
Procurement.
  Mr. HUNTER. Mr. Chairman, let me start off by giving also my 
congratulations to our chairman, the gentleman from South Carolina [Mr. 
Spence] who has done a superb job of working on this defense bill, 
walking us through

[[Page H4930]]

the hearings that we had to have in rapid fire order, marshaling this 
great staff that we have got on the majority side and the minority side 
to put this bill together, answering the tough questions and the tough 
issues that we had to answer this year in bringing it to the floor. Let 
me thank him.
  Let me also thank the ranking member the gentleman from California 
[Mr. Dullums], and let me tell my colleagues as we go through the 
debate, and Mr. Dellums reminded us that we have had in the past some 
long debates on defense issues, I remember the 6-week debate we had on 
the nuclear freeze that we Republicans enjoyed, quite frankly, and the 
great times that we have had engaging. I wish myself that we had more 
time to discuss the top line because I think it is a great debate; I 
agree with the gentleman that it is an important issue for the country.
  Let me answer what I think are three important questions that the 
American people have about this bill. First, do we need this level of 
spending? And this level of spending is a little over $12 million above 
what the President has asked for. The answer, I think is yes, and I 
think our hearings showed that we need this level of spending.
  When we asked the Secretary of Defense if he wanted to get to $60 
billion in modernization spending instead of the $38.9 billion that we 
have got this year in the President's budget, he said yes. He said I 
want to get there as soon as possible. General Shalikashvili said, yes, 
I want to get there as soon as possible. They had recommended initially 
having that level of spending in 1998, $60 billion in spending instead 
of $38.9. When President Clinton put his defense budget together 2 
years ago in 1995 and said here is what I am going to want in 1997, 
here is a blueprint, his blueprint for this year was $50 billion. Well, 
we have gone up from $38.9 billion $6.2 billion. We have added an 
additional $6.2. We asked the services to come in and tell us what 
equipment they needed; they gave us a list. This is the uniformed 
services of the Clinton administration, gave us a list for about $15 
billion, and when we decided on the new equipment we were going to put 
in, the things that we have put in for additions in terms of 
modernized equipment were 95 percent in commonality with what the 
services asked for.

  So if the question is did the services ask for this equipment, the 
answer is, yes, the services asked for this equipment, and if somebody 
could throw me down that Marine ammo belt that I have been carrying 
around for the past couple of days, some people told me that is a silly 
prop, but I think that is the essence of this defense bill because this 
Marine ammo belt symbolizes the meeting that I had with the Marines and 
with the other services, with all of the people who are in charge of 
ammunition supply for the services. The Marines looked us in the eye 
and said, Mr. Chairman, Congressman, we cannot fight the two-war 
scenario that the President has given us the responsibility to fight, 
and they said we are short of M-16 bullets and a lot of other ammo. We 
found out they were 96 million M-16 bullets short. That means they run 
out unless they borrow from somebody else, and if that other service 
has their minimum requirement, then they are out of ammunition.
  So we plussed up over $300 million for Marine ammunition. That was 
the M-16 and mortar rounds and many other things that they needed.
  So, yes, we do safety upgrade the Marine Harriers, the AV-8B's the 
crashes. They said that they would like to have those 24 Harriers that 
the administration did not plan to upgrade safety upgraded to give 
those pilots a better chance of surviving. We did provide ammunition, 
and we did help to modernize the forces across the board.
  We have done the right thing for America. This is a good defense 
bill, and I ask every Member to support this work that the committee 
has done.
  Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to my distinguished 
colleague, the gentleman from Mississippi [Mr. Montgomery], the ranking 
member, the senior Democrat on our side.
  (Mr. MONTGOMERY asked and was given permission to revise and extend 
his remarks.)
  Mr. MONTGOMERY. Mr. Chairman, I would like to thank the gentleman 
from California [Mr. Dellums] for yielding me this time and to thank 
him, for over the years he has been my chairman, for many years, for 
the support he has given me; sometimes, not that much, we have 
disagreed on military matters, but he is always considerate and fair to 
me, and I certainly want this to appear in the Record today. And 
Chairman Spence I thank for our cooperation over the years, and I have 
enjoyed working with him very, very much, as to as well the committee 
and also to the staff.
  Now, Mr. Chairman, I rise in support of the defense authorization 
bill. The National Guard, and I know I am taking some by surprise that 
I will talk about the National Guard and Reserve, they have done very 
well in this legislation. We have tried to improve the readiness, 
modernization and standard of living in this bill. We have added $805 
million for Guard and Reserve equipment, modernization, above the 
President's budget. We have increased the good year retirement points 
for the Reserves from 60 points to 75 points. This had not been changed 
since 1948. There is a 3-percent military pay raise for both the active 
and reserve forces. We have allowed active guard and reserve enlisted 
members to retire at the highest rank that they will obtain. Officers 
can do that now.

  However, I am disappointed that the Defense Department provided the 
Guard and Reserve $294 million for military construction. Now, Mr. 
Chairman, this is only 3 percent of the total funds for construction 
for all the military, and the Guard and Reserve, I point this out, have 
40 percent of the mission. We have inserted in this bill asking the 
military to give us a report of actually what the Guard and Reserve 
need for military construction and armory construction, and I might say 
that the chairman from Colorado [Mr. Hefley] and ranking member, the 
gentleman from Texas [Mr. Ortiz] were very fair to us. They tried to 
help.
  We have added the funding to keep the air guard fighters at 15 in a 
squadron instead of dropping the level to less effective 12 planes per 
squadron. By adopting the amendment that will mean en bloc reservists 
will have a second chance to take out mobilization insurance if they 
decide to go into the Guard or the Reserve.
  We have done many other things. We have a revitalization for the 
Guard and Reserve, and finally, Mr. Chairman, I am very glad that my 
good friend, the gentleman from New Jersey [Mr. Saxton] will not be 
offering his amendment to this bill. Now there is strong feeling on 
both sides whether the Army Reserve should report to two commanders or 
one commander. We prefer the one commander, just like the other reserve 
services do. The committee has supported our position on this 
throughout the debate. We are trying, Mr. Chairman, to improve the Army 
Reserve, not tear it down, and I am pleased that this amendment will 
not be offered and we can work out this disagreement in conference.
  Mr. SPENCE. Mr. Chairman, I yield myself such time as I might 
consume.
  Mr. Chairman, I might add this particular point. As a lot of people 
realize, the gentleman from Mississippi [Mr. Montgomery] is retiring 
after this year, and personally I would like to offer him my gratitude 
for all he has meant to this committee and to this country for his 
service here over the years. I know of no one who stood stronger and 
taller for national defense than the gentleman from Mississippi [Mr. 
Montgomery], and he is going to be going down in history and known as 
Mr. National Guard and Reserve, and we are going to miss you, Sonny.
  Mr. Chairman, I yield 2 minutes to the gentleman from Virginia [Mr. 
Bateman].
  Mr. BATEMAN. Mr. Chairman, less than 2 years ago, the National 
Security Committee brought to light the downward trend in readiness 
throughout the military services resulting from defense spending cuts, 
diversion of funds to meet unbudgeted contingency operations, force 
structure reductions, and a high pace of operations. Routine training 
was being canceled. We also heard reports of deferred maintenance, 
spare parts shortages, and a quality of life for our servicemembers 
which was suffering. under the strong leadership of Chairman Spence, 
the committee undertook a multifaceted strategy to maintain readiness 
which has helped to address the unacceptable trends in short-term 
readiness.

[[Page H4931]]

  Readiness is a perishable commodity which demands our constant 
attention. The root causes which led to the readiness problems less 
than 2 years ago still exist. Defense spending is being cut, force 
structure is being reduced, and the pace of operations is still high. 
Adding to my concern is what I view as the administration trying to 
squeeze defense requirements into a topline driven budget which does 
not satisfy the current and future needs of our military forces. This 
has resulted in a juggling exercise that unfortunately pits near-term 
readiness against modernization. This should not be an either-or-
proposition.
  H.R. 3230, the National Defense Authorization Act for Fiscal Year 
1997 continues last year's work, achieving the goals that we all share: 
providing the necessary resources to ensure force readiness and 
improving the quality of life for the men and women of our Armed 
Forces.
  H.R. 3230 fully funds the military services' operations and training 
accounts, and adds significant resources to other important readiness 
activities which have been underfunded by the Department of Defense in 
the fiscal year 1997 budget request, including real property 
maintenance to address health, safety, and mission critical 
deficiencies; depot maintenance to reduce backlogs; base operations 
support to address shortfalls in programs which sustain mission 
capability, quality of life and work force productivity, mobility 
enhancements to help deploy U.S. forces more rapidly and efficiently, 
and reserve component training.
  The bill also contains several provisions in the area of civilian 
employees to provide the Department of Defense better tools for 
managing the work force and for saving resources.
  I would like to thank the ranking member of the Readiness 
Subcommittee, my colleague from Virginia, Mr. Sisisky for his 
outstanding cooperation, knowledge, and leadership through the year on 
the many issues which came before the Readiness Subcommittee.
  Mr. Chairman, H.R. 3230 is a responsible, meaningful bill that will 
provide adequate resources for the continued readiness of our military 
forces. I urge my colleagues to vote yes on the bill.

                              {time}  1630

  Mr. DELLUMS. Mr. Chairman, I yield 5 minutes to my distinguished 
colleague, the gentleman from Virginia [Mr. Sisisky], the ranking 
member of the Subcommittee on Military Readiness of the Committee on 
National Security.
  Mr. SISISKY. Mr. Chairman, I ask my colleagues to support the DOD 
authorization bill.
  This bill will go a long way toward supporting and sustaining our 
U.S. military forces.
  As ranking member of the Readiness Subcommittee, I want to commend 
our chairman, Herb Bateman.
  He continues to have the foresight necessary to address some of the 
long-term issues we have identified.
  We worked together to add nearly $2 billion to O&M accounts, from $89 
billion to $91 billion.
  We added $1 billion to real property maintenance, $190 million to 
depots, $190 million to base ops, $100 million to mobility, and $90 
million for reserve component training.
  But what we did not do may be just as important.
  We did not authorize DOD to go forward with their privatization plan.
  As one who represents significant public and private sector 
interests, let me tell you why.
  DOD recognizes that they save money through public-private 
competition.
  Nevertheless, DOD wants to eliminate the public sector as a 
competitor.
  DOD believes the private sector can do anything better and cheaper.
  I'm here to tell you that I've ``been there, done that''--and ``it 
ain't necessarily so.''
  We've got to responsibly pick and choose where and when we give 
someone a monopoly.
  We've got to have the business sense to recognize that two overheads 
cost more than one--whether you talk about air logistics centers, or 
working on 5-inch guns in Louisville.
  It's simple arithmetic, but when you factor in brac politics, it 
comes out as new math nobody understands.
  I don't think anyone opposes it, but we oppose going into it blind--
with such a vague roadmap of the future.
  Our silence on the privatization issue tells DOD they need to go back 
to the drawing board on this one.
  The issue is far too important to risk national security by going too 
far, too fast. We need to be careful.
  Herb Bateman and I also worked to reform DOD financial management, 
specifically the defense business operating fund--or DBOF.
  DBOF has long been a thorn in the side of some of the most dedicated 
proponents of better business practices at DOD.
  Centralized cash management and standardized cost accounting is 
absolutely necessary to run an organization as big as DOD.
  However, to create an $80 billion slush fund to pay for unfunded 
contingencies--as they did early on--or to hide the real cost of brac--
or maybe even environmental clean-up--behind the fig leaf of DBOF 
cannot be allowed to continue.
  Our bill says DOD will develop a plan to improve DOD cash management 
by the end of September, 1997.
  They will implement those plans and terminate DBOF by October 1, 
1998.
  Bill language outlines nine specific elements of any new plan--such 
as rates that more accurately reflect real operating costs--as opposed 
to surcharges tacked on to replenish losses in entirely unrelated 
areas.
  As is often the case, had DOD been willing to do this in the first 
place, legislation wouldn't be necessary.
  In conclusion, I think the bill, on balance, achieves many of the 
goals Members of both parties have said they wanted to reach at DOD.
  I think it is a good bill, it deserves strong bipartisan support with 
a few exceptions and I ask my colleagues to support the bill.
  Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from 
Pennsylvania [Mr. Weldon], chairman of our Subcommittee on Military 
Research and Development of the Committee on National Security, has 
just returned from Moscow, where he met with all the senior Russian 
military people. He can give us a report on it.
  (Mr. WELDON of Pennsylvania asked and was given permission to revise 
and extend his remarks.)
  Mr. WELDON of Pennsylvania. Mr. Chairman, I rise and thank the 
distinguished chairman of our full committee and the ranking member, 
two fine gentlemen who have worked together with us to achieve this 
piece of legislation. While we may disagree in certain elements, we 
certainly come together and respect each other's views. In the end, 
hopefully we will have a bill that all of us can support.
  In terms of the Subcommittee on Research and Development, Mr. 
Chairman, I would like to thank the ranking member, the gentleman from 
South Carolina [Mr. Spratt] for his cooperation and support. The 
request by the administration was $34.7 billion, $1.5 billion less than 
the fiscal year 1996 request. Because of the request by the service 
chiefs, which amounted to $20 billion of additional funding in the R&D 
area alone, we increase slightly the R&D account to a level of $35.5 
billion.
  As I said, Mr. Chairman, the service chiefs asked us for an 
additional $20 billion that we just could not provide. It is somewhat 
discouraging, Mr. Chairman, that we were criticized very heavily last 
year by both the White House and the Secretary of Defense's office for 
plusing up the defense budget, but then in this year's hearings, the 
Secretary came in and showed us charts taking credit for flattening out 
the acquisition downturn; in effect, taking credit for funds that we 
were criticized for putting in last year. The same thing is happening 
this year, Mr. Chairman. That is somewhat disheartening to me, as 
someone who tries to support the administration and their defense 
requests, and the requests of the service chiefs.
  In particular, we have plused up some specific priorities that were 
raised in our hearings, and by the members of our subcommittee, 
including chemical biological defense, $44 million to address 
shortfalls as a result of the General Accounting Office report, a very 
needed effort in the area of chem-bio defense that all of us feel 
strongly about; $43 million of additional money

[[Page H4932]]

for the countermine program, especially important for our troops on the 
ground in Bosnia and around the world. This Congress has taken a 
leadership role in plusing up funding to find solutions to protect our 
troops from the threat of mines in any hostile environment.
  Dual use technology. We reinvigorated a program that will allow the 
Defense Department and the services to control where dual use 
applications can occur. There will be no outside agency interference. 
We have funded it to the level of $350 million, including a special 
allocation at the office of the Secretary and at Dr. Kaminski's level 
to oversee as aggressively as possible the efforts toward dual use 
technology and off-the-shelf acquisition.
  We have also added an initiative that we are currently working on 
with two other committees, the Committee on Resources and the Committee 
on Science, in terms of consolidating oceanographic efforts. The Navy 
has been the lead agency in this area, and we in fact give them a 
further coordinating role with a $30 million allocation to expand 
partnerships that first of all have a defense implication, but 
secondarily have an implication for both the environment and for 
economic opportunities with the oceans.
  Mr. Chairman, the real change here in R&D is in missile defense. We 
will debate that this week. Mr. Chairman, the key difference between 
this administration and this Congress was and will be this year, the 
area of missile defense. After a robust series of hearings, after a 
detailed analysis of what is occurring throughout the world, including 
those countries that are trying to get missile technology, we have 
crafted very carefully, with the full cooperation of General O'Neill, a 
missile defense program that we feel very confident with.

  We have plused up national missile defense, theater missile defense, 
brillian eyes, so we have a space-based sensor program as well as our 
cruise missile defense. All of these initiatives, Mr. Chairman, we feel 
are vitally important. We have even put $20 million in this year's bill 
for joint Russian-United States missile defense initiatives, so we can 
show that we are not about just sticking it in the eye of the Russians; 
that we in fact want to work with them in jointly exploring missile 
defense capabilities.
  We no longer live in a biopolar world. We know the North Koreans and 
the Chinese are developing capabilities. We know Iraq has achieved some 
technologies from Russia. We know the threat is there, and it is there 
now. We must meet that threat. This bill does that.
  Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to the distinguished 
gentleman from Missouri [Mr. Skelton], the ranking member of the 
Subcommittee on Military Procurement of the Committee on National 
Security.
  Mr. SKELTON. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, for our men and women in uniform, I ask for support of 
this authorization bill. For our soldiers in the U.S. Army in places 
like Sinai, Ecuador, Peru, South Korea, Haiti, and the Balkans, I ask 
for support of increased spending for equipment and maintenance 
accounts. For our sailors and Marines off the coast of Liberia and 
places such as the Arabian Gulf Coast, East China Sea, and the 
Adriatic, I ask for support of increased pay and benefits. For U.S. Air 
Force airmen, 81,000 of whom are deployed abroad and 9,300 are on 
temporary duty, I ask for support to improve operations and eliminate 
fatigue.
  For the talented and highly specialized men and women of our Special 
Operations Forces currently deployed in over 60 nations, some in excess 
of 200 days during the past year, I ask for support of the 
modernization priorities contained in this bill. If we must talk about 
quality of life, let us speak of providing the most capable and modern 
equipment available as we ask our troops to go into harm's way.
  For the past 2 years I have testified before the Committee on the 
Budget in favor of increased defense spending. This year, while 
readiness and quality of life remains pressing issues, I feel the lack 
of military modernization has reached a critical level. Our 
subcommittee chairman, the gentleman from California, Duncan Hunter, 
has worked hard to correct this modernization problem. I have enjoyed 
working as ranking member of that subcommittee.
  Let me commend the chairman, the gentleman from South Carolina [Mr. 
Spence], for his leadership in writing legislation to address this 
trend. This bill, with almost $13 billion in new spending, is a step in 
the right direction.
  Let me also point out that the ranking member, the gentleman from 
California, Ron Dellums, has shown again his unwavering commitment to 
caring for our troops. I thank him for that.
  Mr. Speaker, I fear we have reached the danger point, the point of 
breaking our forces with high operational tempo rates. The Army's pace 
of operations has increased 300 percent, with over 25 deployments in 
the past 6 years. Gen. George Joulwan has noted that his European 
command has experienced the highest tempo rate in its history. The Air 
Force has averaged 3 to 4 times the level of overseas deployment as 
during the cold war. Air crews abroad AWAC's, JSTARS, and EF-111's are 
in especially high demand. Naval and marine personnel are abroad so 
often that back-to-back temporary assignments away from home are no 
longer uncommon. Our carrier battle groups, intent on providing 
deterrence with continued presence, are straining to guard against 
aggressive acts throughout the world's oceans.

  Members of our special forces, trained in specialties such as 
language, carpentry, electricity, and cultural affairs, have been the 
first to answer our Nation's call in Bosnia, Haiti, and Liberia. 
Although few in number, together they are great in influence, deploying 
in adverse conditions, day or night, and often assisting local 
officials with tasks traditionally nonmilitary in nature.
  As I ask my colleagues for support for the priorities in this bill, I 
also ask for support for improvements. I would have preferred language 
to continue research and development of the CORPS SAM/MEADS theater 
missile defense system, the only system designed to protect our 
frontline highly mobile troops from missile attack. This threat is upon 
our troops today, and threatened our troops during Operation Desert 
Storm in 1991. I am disappointed, Mr. Chairman, sorely disappointed, 
that the Committee on Rules did not allow my amendment in order to 
address this and look to conference for improvement.
  Mr. Chairman, from the Bosnian theater, Maj. Gen. Bill Nash recently 
said, ``The number one thing we've used so far that has allowed us to 
enforce the peace is a weapons system called the American soldier.'' On 
behalf of that soldier, I ask for support of this bill, and I ask for 
continued commitment to this excellent weapons system as we move to 
conference with the Senate.
  Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from 
Colorado [Mr. Hefley], chairman of our Subcommittee on Military 
Construction.
  Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, I rise today in strong support of H.R. 3230. As the 
chairman of the Subcommittee on Military Installations and Facilities, 
I want to focus my remarks on the important bipartisan initiatives we 
are bringing to the House today concerning the military construction 
program for fiscal 1997.
  H.R. 3230 would continue the bipartisan effort of the Congress to 
rebuild and enhance our crumbling military infrastructure, and I want 
to express my appreciation to the ranking member of the subcommittee, 
the gentleman from Texas, Solomon Ortiz, for his tireless efforts to 
help to put this bill together.
  Based on the hearing record, we know the military services have a 
steep backlog of construction and maintenance requirements that will 
take decades to resolve unless we accelerate the program. That backlog 
has serious implications for operational readiness and impairs the 
quality of life for men and women and their families who volunteer to 
serve the Nation.

                              {time}  1645

  Mr. Chairman, it is unacceptable to me and it should be unacceptable 
to this House that 20 percent of the Army's facilities are considered 
unsuitable due to either deteriorated conditions or an inability to 
meet mission

[[Page H4933]]

requirements and that roughly two-thirds of the barracks, dormitories 
and military family housing units in the service's inventory are 
considered unsuitable. These are just two glaring examples of the 
impact of years of neglect.
  But where is the administration?
  The President proposes to spend 18 percent less than current levels 
on military construction and, amazingly, 5 percent less than he told us 
he would spend in fiscal year 1997 when he submitted budget estimates 
in February of 1995.
  In every major category of direct benefit to the modernization of 
military facilities, the President proposes a cut. This chart shows the 
problem and how we propose to fix it: MILCON for the active forces and 
reserve components cut, family housing cut, troop housing cut. troop 
housing cut. The child development centers, this is one that is truly 
unbelievable and virtually defunded. It is fashionable in this 
administration to say it takes a village to raise children. Evidently 
the President does not believe that sense of community support should 
extend to our military families.
  This bill adds funding to every one of these major categories.
  Even those programs which Secretary Perry has placed great emphasis 
upon, quality of life, family housing, do not fare well under this 
President.
  The next chart will explain the point better than I can. Two years 
ago, with great fanfare, the President announced a $25 billion plus-up 
for defense and made a big deal out of his commitment to improve the 
quality of life for our military personnel. The President said that we 
ask much of our military and we owe much to them in return. Everyone 
apparently agrees, except the President's budget does not support that 
rhetoric.
  Mr. Chairman, just 2 months ago, senior administration officials were 
on the Hill trying to defend the budget request. Secretary Perry 
admitted that it would be a lot easier to deal with the military 
housing crisis if we simply had more money. Mr. Hamre seemed equally at 
a loss to explain the administration's position.
  This is a good bill, I urge the Members to support H.R. 3230.
  Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to the distinguished 
gentleman from Texas [Mr. Ortiz], the ranking member of the 
Subcommittee on Military Installations and Facilities.
  (Mr. ORTIZ asked and was given permission to revise and extend his 
remarks.)
  Mr. ORTIZ. Mr. Chairman, I rise in support of this legislation, and 
would like to lend my strong endorsement of the military construction 
title of the bill.
  I want to express my great appreciation to the leadership of both 
sides of the aisle in compiling what I believe to be a truly bipartisan 
legislative package to address our Nation's military construction 
backlog.
  The military construction portion of this bill places a very strong 
emphasis on quality of life initiatives and addresses our military's 
need for modernization.
  I am extremely pleased that as a committee, we have been successful 
in allocating to quality of life programs approximately 70 percent of 
the additional funds which have been made available for military 
construction this year.
  During committee deliberations, we were careful to fund those 
projects that were identified by the military services as a top 
priority.
  I think this portion of the defense authorization bill makes a strong 
statement of congressional concern for our military and bolsters our 
commitment to maintaining readiness and modernization.
  Furthermore, this bill continues the pledge made by Congress last 
year to stretch housing dollars by increasing the funds available to 
the military services for public/private partnership initiatives.
  On balance, I believe that this is a good bill that emphasizes 
readiness and quality of life projects, and I congratulate Chairman 
Hefley, Chairman Spence, and our distinguished ranking minority member 
for the full committee, Congressman Dellums, for a job well done.
  Again, I urge my colleagues to join me in supporting this bill.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from New 
Jersey [Mr. Saxton].
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Chairman, whether we talk about acquisition or 
research and development to keep our forces modern or quality of life, 
one thing was very evident to us at the outset of this process. That is 
that the President again severely underfunded with his request.
  Make no mistake about it. The principle upon which we guided our 
actions this year was that we needed to do more for our military. We 
simply were tired of an administration which was trying to talk the 
talk without walking the walk. The administration is eager to sing the 
praises of our military but is simply unwilling to provide the 
necessary support needed to ensure that we continue to have a capable, 
modern force.
  Just last year, the Committee on National Security received testimony 
from the General Accounting Office and from the CBO. Both organizations 
stated that the administration's defense plan was underfunded to the 
tune of $120 to $150 billion over the next 5 to 7 years. The White 
House's response? Request $30 billion less this year. With respect to 
military construction alone and family housing, as the gentleman from 
Colorado [Mr. Hefley] just pointed out, the budget was 18 percent less 
than current funding for this year.
  Mr. Chairman, some Members are quick to point out that the cold war 
is over, and I agree. Yes, it is, and the world is different today than 
it was in the 1980's, but not necessarily safer.
  The list of post-war operations grows daily. Think about the 
headlines that describe places our soldiers and airmen and sailors are, 
all over the world: carrier groups off Taiwan, mass evacuations by 
United States special forces in Liberia, 22,000 troops in Bosnia, 
actions in Haiti, in Somalia, in Panama, in the Middle East. The list 
goes on and on. It is our duty, Mr. Chairman, at least in my opinion, 
it is our duty to properly finance these men and women who go around 
the world to do the great job that they have been tasked to do.
  Mr. DELLUMS. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Florida [Mr. Peterson], a member of the committee.
  (Mr. PETERSON of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. PETERSON of Florida. I thank the gentleman for yielding time.
  Mr. Chairman, I want to thank the gentleman from South Carolina, 
Chairman Spence, and the gentleman from California, Mr. Dellums, the 
ranking member, for putting together what is generally a very good 
bill. We worked very hard to address the issues that were facing the 
military in outyears, and I think we have done a pretty good job with 
that.
  Mr. Chairman, it is not a perfect bill. Clearly there are far too 
many social mandates contained in this bill that could invite a veto. 
But it also contains a provision prohibiting R&D funding for the 
JASTOVL variant.
  While I am adamantly opposed to the bill's provision which would kill 
the Marine Corps' advanced short takeoff and vertical landing aircraft, 
I have been assured by senior members that this language would be 
satisfactorily resolved in conference. Those assurances have been 
bolstered by additional discussions between committee leaders, Marine 
Corps representatives and key committee staffers. I appreciate my 
colleagues' support on this issue.
  For the record, I would like to make the following points;
  The ASTOVL variant of the Joint Strike Fighter is crucial to the 
Marine Corps long-range plan. That criticality is based on the Marine 
Corps' strong dependence upon the use of integrated air assets in its 
combined arms scheme of warfare. It is this air support that allows the 
Marines to maintain their expeditionary nature by radically reducing 
their dependence upon armor and artillery, and in doing so, has helped 
ensure that they have the strategic mobility necessary to remain the 
``Nation's 9-1-1 Force.''
  What needs to be perfectly clear is that cancellation of the program 
would not affect only the Marine Corps. The Air Force is looking at 
purchasing the variant as well. The ASTOVL is in fact an integral leg 
in the three-legged

[[Page H4934]]

Joint Strike Fighter program which links Air Force, Navy, and Marine 
Corps aircraft development into a single design that can be modified to 
individual military branch needs. This element of commonality 
consolidates numerous fixed-wing programs and provides enormous cost 
savings. Those cost savings will disappear with the removal of 
participation by either the Marine Corps, Air Force, or Navy.
  One final issue of note is that without the protection provided by 
ASTOVL, the Marine Corps would be forced to substantially increase its 
amphibious lift because of a need for Marine Corps ground forces to 
increase their artillery forces to compensate for the lack of air 
cover. This is a costly solution financially and puts an unconscionable 
number of warriors at risk, who otherwise could be protected by an 
aircraft manned by a one-or-two man crew.
  Recognizing that there is no more logical choice than for this 
program to go forward, I join my colleagues in their efforts to resolve 
this issue in conference.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts [Mr. Torkildsen], a valuable member of our committee.
  Mr. TORKILDSEN. Mr. Chairman, I am pleased to rise in support of this 
measure. The gentleman from South Carolina [Mr. Spence] and his 
extremely capable staff, led by Andrew Ellis, have brought to this 
floor a sound bill that strengthens our Nation's defense in an 
increasingly unstable world.
  While I support the measure, I have strong reservations regarding 
many of the social policies adopted in the military personnel section 
of the bill. As my colleagues are well aware, I am personally opposed 
to limiting the right of servicewoman to choose whether or not to have 
an abortion. Additionally, I am opposed to changing the Pentagon's 
current policy regarding HIV positive service members.
  Consequently, I will support the amendment of the gentlewoman from 
Connecticut [Ms. DeLauro], but I will decline to offer my amendment on 
the issue of personnel who test positive for the HIV virus. I have had 
many conversations with Members in the other body and am confident that 
we can resolve this issue more appropriately in conference than on the 
floor of the House.
  My overall support for this authorization bill is based upon my 
confidence that it adequately sustains the core capabilities of our 
military. Indeed, the Clinton budget request, once again, has passed 
the buck and declined to preserve vital elements of our national 
security apparatus.
  The bill before us addresses fundamental defense issues like 
readiness, modernization, and military housing. Key aspects of 
disagreement between the administration and Congress regarding missile 
defense and U.N. command and control have been removed and will be 
addressed at a later time. I believe this strategy is wise and does not 
weigh down the larger work represented in this measure to maintain our 
troops.
  I urge my colleagues to support passage of this bill.
  Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to the distinguished 
gentlewoman from the District of Columbia [Ms. Norton].
  Ms. NORTON. Mr. Chairman, I appreciate the hard work of the able 
gentleman from California, and I appreciate very much his yielding time 
to me.
  Outrageously, this bill revisits and denies choice for women in the 
Armed Forces who have made the choice to serve their country.
  There is a tag line on the end of a Republican ad on television 
attacking the President for his gas tax proposal. I say, what is sauce 
for the goose should be sauce for Republicans.
  We get lots of lip service on children, for example, with 
disproportionate cuts; on families with disproportionate cuts. Now what 
we get for military women is patriotism and abandonment overseas if 
they happen to need an abortion.
  Imagine. A woman in the armed service, in Bosnia, or Haiti, who needs 
an abortion. Are we prepared to guarantee a safe abortion in those 
countries or in any one of the trouble spots in which women now serve 
their country?
  What are we going to do if a woman ends up dead or injured because an 
abortion was performed in a Third World country where safe abortions 
are unavailable? Does a woman lose her constitutional right to pay 
American medical personnel to perform a legal procedure simply by 
singing up for the armed services? Join the armed service and lose your 
constitutional rights. That ought to be the tag line on the next 
commercial.
  Mr. Chairman, words of patriotism are nice, but women in the armed 
services want actions that speak louder than words, to quote my 
distinguished colleagues on the other side of the aisle.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas [Mr. Thornberry], another very valuable member of our committee.
  Mr. THORNBERRY. I thank the gentleman for yielding me the time.
  Mr. Chairman, this is a good bill. It enhances the security of the 
United States in ways that are going to get very little notice today. 
One of those ways is in people issues. The bill has a pay raise for our 
troops and it increases their housing allowance substantially. It also 
fills a $500 million shortfall in the administration's request for 
health care. Although more work is needed here so that we provide the 
health care we promise to those who serve and those who had served, 
there is a lot to be proud of.
  Another key issue in this bill is the safety and effectiveness of our 
nuclear weapons. Making sure that our nuclear arsenal is safe and 
reliable and effective is as important now as it has ever been. We 
received testimony that at least $4 billion a year is required to 
ensure that our nuclear arsenal works without nuclear testing. Yet here 
again the administration request was severely short.
  Mr. Chairman, we should not forget some basic facts. First, our 
nuclear weapons were designed to last about 20 years. We are about at 
the end of that design life. Someday soon we are going to have to build 
weapons again, to modernize and replace those that are getting out of 
date.
  Second, we are going from 18 facilities down to 8 facilities in our 
nuclear weapons complex. We are going to have to modernize those 8 
facilities to do the job of 18, to make sure they can do the job and do 
it safely and effectively.
  Third, to make sure that our weapons work well without nuclear 
testing is going to be an expensive proposition. All those fancy 
machines we have got to buy to replace testing is expensive. It is 
absolutely essential that we get and keep the best people we can at the 
labs and at the production facilities, and we should not forget them.
  With the Communists threatening to return to power in Russia, with 
China, North Korea, and other places, nuclear weapons is not the place 
to be penny wise and pound foolish. This bill takes steps in the right 
direction, but more work will be needed.

                              {time}  1700

  Mr. DELLUMS. Mr. Chairman, I yield 1 minute to my distinguished 
colleague, the gentlewoman from Georgia [Ms. McKinney].
  Ms. McKINNEY. Mr. Chairman, we are here today not to debate the size 
of the military budget, but to debate which arms manufacturers will get 
more of taxpayers' dollars.
  How is it that we can find an extra $13 billion to give away to 
defense contractors, but we can't find the money to increase education 
funding?
  As this chart demonstrates, Mr. Chairman, we spend more on the 
military than Russia, China, Iran, Iraq, Syria, Libya, North Korea, and 
Cuba combined.
  It appears that we are paying an extra $13 billion so that companies 
like Lockheed-Martin can send around these cassette tapes of radio 
programs to all the Members of Congress. Why, Mr. Chairman, must we 
throw another $13 billion at the largest and most wasteful bureaucracy 
in the world? The answer is simple, more Pentagon pork for military 
contractors means more campaign contributions for big defense 
defenders. Just one more example of the GOP's new and improved cash-and 
carry government.
  Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Jacksonville, FL [Mrs. Fowler].
  (Mrs. FOWLER asked and was given permission to revise and extend her 
remarks.)
  Mrs. FOWLER. Mr. Chairman, when President Clinton sent us his fiscal 
year 1997 budget, he requested the lowest level of spending for defense 
procurement in nearly 50 years. He reduced operations and maintenance

[[Page H4935]]

funding by $1.5 billion. And he reduced military construction dollars 
by 18 percent.
  President Clinton did this despite the fact the Joint Chiefs say we 
need a $60 billion modernization budget if we want to meet the needs of 
the 21st century, and despite reports from the Defense science board 
that over 60 percent of military housing is unsuitable.
  H.R. 3230 restores balance to this request. It adds $8 billion for 
new weapons, consistent with the need to invest in modernization now. 
It restores O&M funding to assure readiness. It funds the advanced 
technologies necessary to meet our security needs, including $350 
million more for national missile defense. And it increases military 
pay and housing allowances, providing the quality of life necessary to 
keep the best and the brightest in our military.
  I congratulate the Chairman for bringing forward this urgently needed 
legislation, and urge its adoption.
  Mr. DELLUMS. Mr. Chairman, I yield 7 minutes to my distinguished 
colleague, the gentleman from South Carolina [Mr. Spratt], the ranking 
member of the Subcommittee on Research and Development.
  (Mr. SPRATT asked and was given permission to revise and extend his 
remarks.)
  Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, this authorization bill may be the last of the big time 
spenders. It does plus up the President's request by a substantial 
amount, $12.9 billion, but it takes up defense spending next year by 
only $2.6 billion over the current fiscal year. From next year onward, 
defense spending, according to the budget program, does not go up in 
any year more than $2 to $3 billion. We are going into a future of very 
constrained defense budgets after this year.
  So the question that should concern us greatly in this debate as we 
add $12.9 billion to the Pentagon's request, is whether we can sustain, 
finish, in the out years what we are starting beefing up and speeding 
up next year. This question looms in particular over ballistic missile 
defense, national and theater, which was increased by $940 million in 
this bill. There are, as a consequence, out-year funding requirements 
which we simply may not be able to meet in a defense budget programmed 
to go up by no more than $2 to 3 billion a year.
  I rise to speak to just one small piece of that partly to illustrate 
the problem, but also to illustrate a very important problem, which I 
think needs correcting, and I will offer an amendment to that effect. 
The piece that I want to speak about is something called space and 
missile tracking system. I have an amendment that will deal with this, 
and let me explain the reason for it and the problem that we have in 
this bill.
  When deployed, these so-called SMTS, once called Brilliant Eyes, now 
called SMTS for space missile and tracking system, is a constellation 
of 18 to 24 satellites, all of them in low-earth orbit. They compliment 
satellites in higher orbit, including the DSP and geosynchronous orbit, 
which serve to spot missiles which might be launched against us and 
then hand off the data to the SMTS.
  These SMTS missiles circling the globe in low-earth orbit will 
acquire the incoming missiles or reentry vehicles, track them for a 
period of time, feed that data to ground-based radars and battle 
management computers, and these in turn will cue the ground-based 
interceptors and give them their initial target vectors to go get the 
oncoming missiles.
  All of these are components of what is called the space-based infra-
red system, or SBIR's. They are vital programs, vitally important, and 
they have my full support.
  The Air Force, which manages the SMTS on behalf of the other 
services, first planned to deploy it in the year 2006, because they 
thought at that time it could be optimized and serve several different 
missions rather than just one. But last year in conference, the defense 
bill was changed to mandate deployment by the year 2003. We 
legislatively mandated an IOC, an initial operational capability. There 
were no hearings, there was no debate, there was no discussion of the 
consequences.
  Here are the consequences which we never weighed. First of all, by 
forcing the deployment schedule to a much earlier date, SMTS has to be 
downscoped in the words of the Air Force. For example, the more sensors 
can sense or see an object, trying to track it, the more accurate a 
track they can get on the object. This frequency is referred to as a 
revisit rate. The more often you ping it, the better the data you get 
back. By forcing deployment in the year 2003, the acquisition sensor 
revisit rate rate will be less than half the rate which was originally 
specified for mission effectiveness.
  Point two: The SMTS works well by itself, but it works best as part 
of an integrated system, high earth orbit satellites, geosynchronous 
satellites, ground-based radar. By forcing deployment in the year 2003, 
the data rate for crosslinking and downlinking information has to be 
reduced by 80 percent. Some call this dumbing down the system.
  Furthermore, the requiring that the system be deployed early, we will 
probably rob from it one of its essential missions. We wanted it to do 
three things: Provide sensors, infrared sensors in space for theater 
ballistic missile defense, provide sensors for national missile 
defense, and also through this network of low earth orbit satellites 
encircling the globe, provide technical intelligence data that we could 
use for battlefield characterization all over the world, vastly 
enhancing our technical intelligence sources. All three missions were 
to be wrapped into one system, but this cannot be done if we force the 
deployment in 2003, rather than waiting for the system to be developed.
  The design life of the satellites if we force early deployment will 
be cut nearly in half. The mean mission duration drops from 8.5 years 
to 5 years. Although everyone agrees, everybody agrees, that theater 
missile defense is the most immediate and pressing threat, national 
missile defense capabilities, because of last year's bill, are given 
priority over theater missile defense and these other roles and 
missions of this particular satellite system are simply put on the back 
burner. They will have to wait until later.
  To cap it off, to buy this diminished system, we will have to spend 
$2 billion more between now and 2003 to accelerate the program to meet 
the deadline that we legislated last year.
  Mr. Chairman, in general, I am opposed. I think we should all be 
opposed to Congress thinking it knows best and trying to legislate 
deployment dates or IOC's. We take the technical risk in increasing, we 
place mission cam capabilities in jeopardy, and we put program managers 
in untenable positions. They either break the law or field a system 
that is less than optimal.
  Last year's conference requirement is especially shaky. It not only 
usurped the Services' role in determining what was the right 
acquisition schedule, it ignored the Air Force's suggestions for 
accelerating this program.
  Last fall the Air Force proposed a faster schedule, one that would 
field the original design, the baseline system, in the year 2005. To 
meet the conference requirements, the Air Force will now attempt to 
field a limited system in 2004 at the expense of delaying full fielding 
of the baseline system until the year 2009. In a rush to deploy 
something, we are on line to get our best system 4 years late, in order 
to get a limited system 1 year early.
  The opponents of my amendment say it is an attack on the high segment 
of the space based infrared system. They are wrong. We do not mention 
that. They are still an integral part of it, just like a fully capable 
SMTS is an integral part of the overall system.
  Opponents also say it will disrupt or delay the acquisition system. 
It will not. My amendment does not direct the Air Force to change 
anything. If the services are dissatisfied with the block one 
capabilities, they can proceed with it.
  I thank the gentleman for the opportunity to explain this amendment.
  Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from 
Kentucky [Mr. Lewis], a very valuable member of our committee.
  Mr. LEWIS of Kentucky. Mr. Chairman, I rise today in support of H.R. 
3230--the 1997 National Defense Authorization Act.
  I'd like to address the first of the four main goals of the House 
National Security Committee:

[[Page H4936]]

  Improving the quality of life for military personnel and their 
families.
  Our all-volunteer service men and women choose to join the military. 
And each few years, they will choose whether or not to stay in uniform.
  If these folks don't have a decent place to live and work, they're 
not going to choose to stay. We need these people, and their 
experience. Too many are leaving, too soon.
  Mr. Chairman, I'm privileged to represent Fort Knox, in Kentucky's 
Second District.
  In order to keep men and women in uniform, our defense authorization 
bill includes $20.5 million for new enlisted barracks at Fort Knox 
along with a wide variety of quality-of-life improvements, and a 3-
percent pay raise for our service men and women.
  Let me close by saying I also support the 13 million urban combat 
training center at Fort Knox included on the Senate side.
  Soldiers from nearly every armed service, as well as National 
Guardsmen and civilian police, would train there. It's likely that more 
and more future battles will be fought in urban areas--consider our 
experiences in Somalia and Haiti.
  When it comes time to go to conference, I hope the Members of this 
body will give that project consideration as well.
  Mr. DELLUMS. Mr. Chairman, I yield myself 4 minutes.
  Mr. Chairman, at this time I would like to underscore the comments of 
two of my colleagues, first the gentlewoman from Georgia [Ms. 
McKinney]. What the gentlewoman was attempting to point out is 
something that we have to reiterate over and over until we get the 
point.
  Mr. Chairman, American people need to know and understand that 
America's military budget is roughly equal to all of the combined 
budgets in the rest of the world. That in and of itself is awesome. But 
what the gentlewoman went further to point out was that when you 
combine the military budget of the United States and its allies, its 
friends, that budget exceeds 80 percent of the world's military budget.
  We have to keep repeating, less than 20 percent of the military 
budget is being spent in that so-called reservoir of nations that can 
potentially be adversaries, which means we outspend, the United States 
and its allies, the rest of the world 4 to 1.
  So it ought to place it in some proper context when we understand 
exactly what it means to plus up a military budget beyond the 
administration's request by $13 billion and not allow this body to have 
any access to challenging that figure.
  The second point that I would like to make is to underscore a very 
significant point offered by the gentleman from South Carolina [Mr. 
Spratt]. This year's budget pluses up the military budget by $13 
billion. But if you look at the Republican's budget over the several 
out years of their balanced budget, their own figures only increase the 
military budget each year after this year. Each year after this year, 
by your own figures, you only increase the military budget by slightly 
over $2 billion a year.
  Now, that money could be eaten up in inflation costs alone. I 
reiterate the point I made in my opening remarks: In many cases it 
would appear that the committee adds were made with little 
consideration to the ability to sustain the program, which will cause 
disruptive program instabilities and forestall our ability to meet 
future program needs.
  The point is simple: Are we starting programs that we cannot finance 
in the out years? I believe the answer is yes. Are we now starting 
programs in this $13 billion spike in the budget that will preclude our 
ability to reach into the future and develop and purchase new 
technologies that are better suited as we march into the 21st century 
on activities other than war, peacekeeping, humanitarian assistance?

                              {time}  1715

  I think the answer to all of those questions is yes. So while it 
might make people feel good that they put $13 billion in this year's 
military budget, the question we ought to be addressing as we carry out 
our fiduciary responsibilities to the voters and to the taxpayer is, is 
this a rational way to do business and can we fund these matters in the 
outyears?
  My prediction, underscore it, Mr. Chairman is that this budget will 
produce instability and it will be extraordinarily disruptive because 
we are purchasing equipment to fight last year's wars and we are 
maintaining a budget to produce jobs, the most expensive way we can 
produce jobs, when we ought to be investing in our people and investing 
in our economy and investing in the strategies of economic conversion 
that move us into a peace oriented economy so that we do not have to 
spend billions of dollars building weapon system that we do not field.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield 4 minutes and 15 seconds to the 
gentleman from California [Mr. Dornan] who is chairman of our 
Subcommittee on Military Personnel.
  Mr. DORNAN. Mr. Chairman, when the Republicans took the leadership 
helm of this, the world's greatest legislative body, and with unanimity 
looked forward to the leadership of the gentleman from South Carolina, 
Navy Capt. Floyd Spence, at the chairmanship of this committee, we 
reduced the subcommittee chairmanships from six to five. We figured 
that each of the five areas of responsibility, procurement, R&D, 
readiness, personnel, and installations could do their own oversight.
  So when the five subcommittee chairman met, we said how can we refer 
to ourselves with one term? I suggested we were going to be the 
marshals for Sheriff Spence. And as the marshal of military personnel, 
I am very, very proud of the Democrats on our subcommittee, of our 
staff on both sides, particularly the hard work John Chapla, our chief 
of staff, and Michael Higgins and Donna Hoffmeier have done on our 
staff in all the areas that we rather quickly call quality of life.
  Now, I have taken a lot of heat and some heavy-duty press, big 
artillery, on what I tried to do about the culture of degradation in 
our military. I would tell the gentleman from California [Mr. Dellums] 
directly, and I know this appeals not only to his keen intellect but 
also to his heart, young Americans on Okinawa are going to spend the 
rest of their adult lives rotting in Japanese prisons because they 
raped not a teenager but a 12-year-old, and kidnaped her and tied her 
up and degraded her. That must stop.
  We have also seen the collapse of brilliant naval combat careers, 
flag officers to be, because of an unfair, too far extension of what 
came to be called the Tailhook scandal. But I sat in that committee 
with five four-stars in front of me, the gentleman from California was 
there, and I said if my daughter was a naval officer, or one of any 
nieces, as two of my nephews are officers in the Air Force and the 
Navy, and she had gotten off an elevator on the third floor at the 
Hilton in Vegas, and I was on the next elevator up, it would have all 
been elbows and feet and karate chops as I defended the honor of my 
daughter.
  So I am not making light of what is called Tailhook, but it has gone 
too far, and it comes out of the culture of degradation.
  And the hits I have taken on homosexuals in the military, keeping 
people with a fatal venereal disease, a regiment of them, on active 
duty; or the abortion in the military, which is public law as of 
February 10, Dornan initiated and supported in the majority in this 
House, public law which was going to be discussing in a few minutes; or 
taking Hustler, read today's paper where Larry Flint from his drug 
soaked wheelchair, his own daughter damns her father's whole rotten 
life, that is all under the culture of degradation.
  And because I have taken hits on that, I have not had a chance to 
talk about the quality of life things we did. So here it is, and I will 
put in the Record what we have done on the Military Personnel 
Subcommittee with health care, with raises, with basic allowance for 
quarters. These personnel readiness and quality of life provisions were 
the product of a bipartisan effort for which I thank all my colleagues 
and thank the gentleman from California [Mr. Dellums] on his side.
  I believe that as a result of all the input of the Committee on 
National Security and the support of this entire legislative package 
that we are about

[[Page H4937]]

to consider, that therein are many provisions designed to redress major 
shortcoming in Mr. Clinton's defense budget request.
  I will only get a chance to probably mention one out of seven key 
points here.
  First, his budget sets the stage for a continued personnel drawdown 
beginning in 1998 below their own Bottom-Up Review levels. The army 
will shrink by 20,000 and the Air Force by 6,000. This despite public 
testimony by Clinton officials that the drawdown is just about over, 
quote-unquote.
  Second, touts strong quality of life programs providing a 3-percent 
military pay raise. However, after browbeating Mr. Clinton into giving 
us this 3-percent pay raise, it largely reneges on the promise made by 
Secretary of Defense Perry last year to continue a 6-year effort to 
reduce military personnel out-of-pocket costs. And as others have said 
before me, it goes on and on and on what we have done for our men and 
women in uniform.
  I submit the rest for the Record, Mr. Chairman.
  Listen to this, Mr. Chairman, 2 weeks ago, the House National 
Security Committee reported out H.R. 3230--a bill that contains a 
strong package of legislation that, in my opinion, does more than any 
other part of the fiscal year 1997 National Defense Authorization Act 
to directly improve the personnel readiness and quality of life of the 
people who serve in our military forces.
  These personnel readiness and quality of life provisions were the 
product of a bi-partisan effort for which I thank my colleagues. I 
believe that as a result of their input and support the legislative 
package that we are about to consider contains many provisions designed 
to redress the major shortcomings of the President's defense budget 
request. Specifically the President's budget:
  Sets the stage for a continued personnel drawdown beginning in fiscal 
year 1998 below the administration's own Bottom-Up Review levels. The 
Army will shrink by 20,000, the Air Force by 6,000. This despite public 
testimony by administration officials that ``the drawdown is just about 
over.''
  Touts strong quality of life programs and provides a 3-percent 
military pay raise. However, it largely reneges the promise made by the 
Secretary of Defense last year to continue a 6-year effort to reduce 
military personnel out-of-pocket housing costs.
  Does nothing to reduce the 30-percent out-of-pocket costs born by 
service members and their families each time they make a permanent 
change of station move in response to military orders.
  Underfunds the defense health program by nearly $500 million, a move 
undertaken in order to stretch an inadequate budget to fund 
modernization.
  In response to these areas of concern, the H.R. 3230 takes several 
major initiatives, including:
  A 4.6-percent basic allowance for quarters buyback instead of the 3-
percent BAQ increase contained in the President's budget.
  Restrictions on end-strength reductions below the floors set in 1996.
  A package of enhanced reimbursements for permanent change of station 
moves.
  Restoration of the defense health fund shortfall.
  H.R. 3230 also provides force structure additions for National Guard 
fighter squadrons and Navy P3C maritime patrol aircraft. It also adds 
full-time support personnel for the Army Reserve, and increases 
recruiting funding for the Army Reserve and the U.S. Marine Corps.
  Even more to the point that the administration's defense budget 
request is clearly insufficient to meet the needs of the services, H.R. 
3230 adds nearly $150 million to the Army's military personnel accounts 
to solve continuing manpower readiness shortfalls.
  In reporting out H.R. 3230, the full committee also approved two 
other major initiatives. The first initiative would restore the 
Department's regulations and policy regarding homosexuals that were in 
effect on January 19, 1993. The second initiative would require the 
discharge of persons who become HIV-positive while also providing for 
the medical retirement of HIV-positive service members. Medical 
retirement would guarantee full health care for discharged service 
personnel and their dependents, as well as an income.
  Overall, I consider H.R. 3230 to be a strong defense bill, the 
product of a bipartisan consensus. I urge my colleagues to support it.
  Mr. DELLUMS. Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Indiana [Mr. Hostettler].
  (Mr. HOSTETTLER asked and was given permission to revise and extend 
his remarks.)
  Mr. HOSTETTLER. Mr. Chairman, I rise in strong support of this bill.
  I thank Chairman Spence and the subcommittee chairman for their good 
work. Despite difficult fiscal times, this bill is evidence of a 
careful keeping of the constitutional duty to provide for defense--a 
duty which we all took an oath to fulfill.
  I am especially appreciative of the initiatives taken to improve the 
quality of life of our Armed Forces.
  The 3-percent pay raise--the 50-percent increase over the President's 
budget for housing allowance. The many additions for quality of life 
projects such as family housing, barracks, and child care facilities. 
These were all desperately needed by the men and women serving their 
country.
  I believe that a continued emphasis on quality of life is critical if 
we are to recruit and maintain a highly competent voluntary service.
  This bill obviously benefits those already serving. Less obvious, but 
equally important, by improving the quality of life of our Armed Forces 
we will continue to attract the very best to serve.
  The Armed Forces of the United States are the best in the world. This 
bill will help to keep it that way.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Georgia [Mr. Chambliss].
  (Mr. CHAMBLISS asked and was given permission to revise and extend 
his remarks.)
  Mr. CHAMBLISS. Mr. Chairman, this bill does many of the things very 
necessary for the modernization of our Nation's military. I would like 
to personally thank my friend, Chairman Spence, and my friend, ranking 
member Dellums, the subcommittee chairman and the other ranking members 
that have worked together to prioritize and lead the committee into the 
authorization of these programs that will protect this country as we 
enter a new century.
  I am very encouraged by what I see in this bill. Chairman Spence's 
consultation with priorities outlined by the individual services has 
resulted in the creation of a good bill that has America's national 
security interests at its very heart.
  I have heard the concern expressed by a few Members that balancing 
the budget must come first. Nobody in this body wants to balance the 
budget of this country more than I do, and I would remind those Members 
that this bill fits within the balanced budget plan that this House 
passed last year by some $600 million.
  In fact, this authorization represents a real decline in spending of 
1.5 percent. To roll spending back even further would do a serious 
disservice to the brave Americans that pledge their lives to the 
defense of this Nation.
  There are two other issues extremely important to me. One is the 
issue of quality of life. We compete in the services every day with the 
private sector for the highest quality of young men and women that we 
produce in our high schools and our colleges.
  We need that 3-percent pay raise. We need to upgrade the quality of 
living in dorms and housing. We need to upgrade the medical and dental 
service treatment that we give our men and women, in order to attract 
those men and women and to keep those men and women once we get them in 
the services.
  The second thing I wanted to address is the two MRC scenario we 
constantly hear about. We have talked and we have heard folks complain 
that we are upping the President's budget by $13 billion. If we are 
going to be able to put our troops in harm's way to defend two MRC's, 
we have to do that. I urge support of this bill.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Tennessee [Mr. Hilleary], another valuable member of our committee.
  (Mr. HILLEARY asked and was given permission to revise and extend his 
remarks.)
  Mr. HILLEARY. Mr. Chairman, I rise in strong support of H.R. 3230, 
the National Defense Authorization Act for Fiscal Year 1997. As a 
veteran of Desert Storm and Desert Shield, I had the honor of serving 
my country in a major conflict. I felt secure in the knowledge that we 
had the best equipment, the best training, and the best leadership in 
the world.
  I consider it my sacred duty to do everything in my power to make 
sure that in any current or future military operation our brave men and 
women

[[Page H4938]]

will have the same support. With this bill, I believe Congress is doing 
its part to make sure we maintain that kind of fighting force.
  Under President Clinton's budget proposal for fiscal year 1997, 
defense spending would continue on its dangerous descent. As a 
percentage of gross domestic product, defense spending is now at its 
lowest level since World War II. As a result, our military preparedness 
has fallen to a dangerously low level.
  Last year's budget was a good start toward stabilizing and reversing 
the rapid downward spiral in spending and readiness. We must stay the 
course, not because it is easy in this time of budgetary crisis, but 
because we must be ready to meet the challenges of an increasingly 
volatile world.
  The world is still a dangerous place. We cannot forget about Saddam 
Hussein or North Korea and their quest to try to get nuclear weapons. 
We cannot forget about China in its drive for improved weapons of mass 
destruction and to become a major world military power. If we continued 
with the budget President Clinton proposed, I am very concerned that it 
would leave the United States ill-prepared to defend our national 
security interests.
  The President's procurement request for fiscal year 1997 was $38.9 
billion, a level that is at its lowest in real terms in nearly 50 
years, and $5 billion below what he was recommending only 1 year ago.
  Through research and development, we must continue to strive to 
maintain our technical advantage which was so evident in the gulf war. 
In this bill we continue to support our troops with a 3-percent pay 
raise and 4.6-percent increase in basic allowance for quarters.
  This is the second consecutive year we have had to try to stabilize 
the defense spending decreases. I urge my colleagues to support this 
bill.
  Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from 
North Carolina [Mr. Jones], who is the son of a distinguished former 
Member of this body.
  Mr. JONES. Mr. Chairman, I rise today in strong support of this bill. 
This bill is a bipartisan bill that has been skillfully put together by 
Chairman Floyd Spence of my neighboring State of South Carolina.
  As a Representative of the Third District of North Carolina, I 
represent such well-known facilities as the Marine Corps Air Station 
Cherry Point, Camp Lejeune, and Seymour-Johnson Air Force Base. 
Improving quality of life is extremely important to me. I am, 
therefore, pleased that this bill provides for a 3-percent pay raise, 
increases housing allowances 50 percent over the President's request, 
and authorizes $900 million above the President's request for military 
construction.
  This bill also appropriately addresses our military modernization. As 
my colleagues know, we must continue to provide our soldiers, sailors, 
airmen, and marines with the technological edge to dominate on the new 
world battlefield.
  I urge my colleagues to support the men and women who bravely serve 
our country in uniform by voting in favor of H.R. 3230.

                              {time}  1730

  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
California [Mr. Cunningham], our top gun on the committee.
  Mr. CUNNINGHAM. Mr. Chairman, this bill came out of our committee 49 
to 2. That is Republicans and Democrats voting for a bill 49 to 2. But 
yet the far left still wants more and more defense cuts. This President 
has devastated national security and defense cuts, but yet he tries to 
stand up and say he is a strong defense President, national security. A 
bill that comes out 49 to 2, and this President threatens to veto it? 
This is Republicans and Democrats, just like the bipartisan two-time 
welfare bill that the President vetoed.
  My colleagues have gone through and described what is in this bill 
and why it is good. We need to provide for our men and women in 
service. We have decimated the 1980 buildup that we had in national 
security, that is leaving our forces without equipment that are 
upgraded. For example, the AV-8 that the Marines are flying, a simple 
fix increases the safety record by over 50 percent. But yet it was not 
funded. The F-144's that we have lost, simple fixes like flight 
controls, we added the money to fix those. A system called Argonne, in 
Vietnam we used a Shriek missile, fought against Sampson surface-to-air 
missiles. When the enemy turns off his radar, the missile goes stupid 
so we had another system called Harm, could only be carried on a 
certain A-6 and F-111 and a very low kill probability.
  Now we have a system called Argonne. It uses the latest technology 
called GPS. When the enemy turns on its radar like in the case of 
Captain O'Grady, that radar site would be gone and those pilots would 
be safe. But yet this President continues to cut defense. It has 
devastated California by over a million jobs. Between BRAC and defense 
cuts, he is diminishing national security hurting California.
  Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to my distinguished 
colleague from Virginia [Mr. Pickett], the ranking member of the 
Subcommittee on Military Personnel.
  Mr. PICKETT. Mr. Chairman, I thank the chairman for yielding me the 
time.
  Mr. Chairman, the military personnel provisions of H.R. 3230 evolved 
in a manner that gave fair consideration to minority concerns. I want 
to thank Chairman Dornan for that. I also want to thank the staff for 
their efforts.
  H.R. 3230 solidly enhances quality of life and readiness efforts, 
reflecting this committee's continued support of our military service 
members through significant enhancements in these areas.
  To highlight just a few of the more significant personnel initiatives 
contained in H.R. 3230, I would begin by mentioning a 3-percent 
military pay raise, requested by the President, as well as a 4.6-
percent increase in the basic allowance for quarters [BAQ]. This 
increase in BAQ will fully fund a 1 percent reduction in out-of-pocket 
housing expenses for service members.
  Once again, the military personnel titles of H.R. 3230 provide the 
Secretary of Defense with the authority to establish a minimum variable 
housing allowance so that even very junior services members can acquire 
safe and adequate housing in high cost areas. Additionally, the 
military personnel provisions include several enhancements to the 
reimbursements for permanent change of station moves. Military members 
shouldn't be required to use their personal savings to offset the cost 
of a government-directed move.
  To minimize the readiness impact of continued shortfalls in the Army 
military personnel account, this bill includes nearly $150 million more 
than the President's budget request for the Army military personnel 
account.
  H.R. 3230 also restores the nearly half a billion dollar shortfall in 
the Defense Health Program. Medical care consistently rates as a top 
quality of life issue. Not correcting this problem would have had 
disruptive and adverse consequences for active-duty family members and 
retirees who have a difficult enough time already trying to obtain 
medical care in military facilities. It would have been perceived as a 
significant breach of faith with our military members and retirees.
  I am disappointed, however, that H.R. 3230 does not include a 
demonstration program for Medicare subvention in the military personnel 
titles. CBO has contrived, without any basis in fact, to score 
demonstration legislation that is specifically and clearly budget 
neutral as having direct spending implications. The Parliamentarian has 
ruled that this matter falls under the primary jurisdiction of the Ways 
and Means Committee and the Commerce Committee. Everyone in this body 
should urge members of these two committees to consider acting on this 
important matter.
  Mr. Chairman, in closing, let me say that overall I believe the 
military personnel provisions of this bill represent an integrated 
approach to improving the quality of life of our military men and women 
while ensuring a well-trained, ready force. It exemplifies our 
commitment to readiness, training and taking care of the men and women 
who serve in our armed forces.
  I urge my colleagues to support passage of H.R. 3230.
  Mr. DELLUMS. Mr. Chairman, I yield such time as he may consume to my 
distinguished colleague, the gentleman from Pennsylvania [Mr. McHale], 
a member of our committee.

[[Page H4939]]

  (Mr. McHALE asked and was given permission to revise and extend his 
remarks.)
  Mr. McHALE. Mr. Chairman, I rise in support of the bill, and insert 
in the Record a statement concerning section 220 and the future 
participation of the Marine Corps in the JAST program.
  Mr. Chairman, H.R. 3230, as currently written, contains a provision--
subsection (b) of section 220--which precludes the Marine Corps from 
pursuing an advanced short takeoff and vertical landing variant under 
the JAST program--the future of Marine Corps aviation. I had submitted 
an amendment to the Rules Committee--along with my colleagues 
Congressman Longley, and Congressman Peterson of Florida--to strike 
this language, but our amendment was not allowed under the rule. 
However, based on firm assurances given to me by the chairman of the 
Rules Committee, and senior members of the National Security Committee, 
I am confident that subsection (b) of section 220 will be 
satisfactorily modified in conference.
  Subsection (b), of section 220 of the bill, as currently written 
would deliver a crippling blow to the future of Marine Corps aviation. 
It would effectively bar the Marine Corps from any participation in the 
development of our Nation's next generation of fighter aircraft, the 
JAST program.
  I am a member of both the National Security Committee and the 
Research and Development Subcommittee. The language of section 220, now 
contained in the bill, was inserted without notice to the committee 
members. There was no debate. There was no consideration of the issue 
at either the committee or subcommittee levels. There was no prior 
notice to the Marine Corps. In short, this attack upon Marine Corps 
aviation came completely without warning, without Member involvement, 
and without service consultation.
  In light of the foregoing information and the importance of this 
issue, I will rely on assurances given to me, Congressman Longley, and 
Congressman Peterson, and will anticipate a final conference report 
which presents no barriers to Marine Corps ASTOVL development under the 
JAST program. Whether some young marine, on some future battlefield, 
has the air support he needs, when he needs it, may well turn upon the 
wisdom of the deliberations of the appointed conferees. Relying upon 
the assurances given to me, I will trust in their judgment.
  Mr. SPENCE. Mr. Chairman, I yield 10 minutes to the gentleman from 
Pennsylvania [Mr. Weldon].
  (Mr. WELDON of Pennsylvania asked and was given permission to revise 
and extend his remarks.)
  Mr. WELDON of Pennsylvania. Mr. Chairman, I thank our distinguished 
chairman of the full committee for yielding me the time to talk in 
general about this bill and one of the major problems that I have with 
this administration when it comes to defense spending.
  There have been a number of evidences, Mr. Chairman, of hypocrisy as 
we walk through the defense process that I want to talk about today. As 
I mentioned earlier, Mr. Chairman, it started last year when in a 
combined conference of the House and the Senate, we added approximately 
$7 billion to the authorization bill in the authorization process. We 
were severely criticized by the President and by Secretary Perry for 
putting money in that they said was not necessary, even though we put 
money in for such things as cruise missile defense, money in for pay 
raises for the military personnel, improving housing, qualify of 
housing initiatives for military personnel around the country, 
including money for countermine measures.
  What really aggravated me, Mr. Chairman, was when Secretary Perry 
came before our committee, and I respect the gentleman and respect the 
position that he took last year that the add-ons that we made were 
unnecessary. But in presenting to use the flow charts that talked about 
how much money the Clinton administration was requesting for 
acquisition, what was interesting is that the line was bottomed out. 
Secretary Perry said to us in the committee, as you can see, there are 
no further cuts requested in terms of acquisition. In fact, the 
bottoming out has occurred and we are actually starting to increase.
  Mr. Chairman, what the Secretary was doing was taking credit for 
money that we put in last year that he criticized us for. Mr. Chairman, 
we cannot have it both ways. If we really feel that we added too much 
money in, that is fine. I respect the gentleman if that is in fact his 
position. But do not come back this year and then take credit for that 
and say we have really done the service well in terms of maintaining 
the acquisition levels.
  Now more specifically, Mr. Chairman, unlike many of my colleagues on 
this side, I opposed the B-2 bomber. I felt it was a technology that I 
like but we just cannot afford. The President railed about the B-2 
bomber, said it was unnecessary. The conference put money in for the B-
2, and what did the President do? He goes out to southern California to 
the areas where the B-2 bomber is built and he stands up and says, I am 
going to build one more B-2 bomber. I am going to use the technology 
available to reconfigure one that we have left, one more platform to go 
to 20.

  Obviously that is well received by all those workers. But then he 
goes on to say, and I am going to commission a study of deep-strike 
bomber capabilities. And oh, by the way, that study probably will not 
be out until after the November election.
  Mr. Chairman, that is outrageous. If we are against the B-2 bomber, 
then we are against the B-2 bomber in Pennsylvania and in California, 
regardless of who we are talking to.
  Now, Mr. Chairman, we added $7 billion last year. Much of that money 
has gone to pay for the missions that this President has assigned our 
troops, to Somalia, to Haiti, around the world. But what really 
aggravates me, Mr. Chairman, is that here is a President criticizing us 
for putting more money in but not willing to tell the American people 
that some of the money that is being asked to be reprogrammed is going 
to be used to train the Haitian police force. And it is going to be 
used for travel costs for the Haitian police force. Now, I have got 
some police in Philadelphia who could use some training, and I have got 
some police who could use some travel expenses. But the President does 
not want to talk about that because he asked for that money. He wants 
to use the money for those purposes that he feels are priorities that 
in my mind are not militarily significant.
  Mr. Chairman, this bill is a good bill. We take the priorities that 
the Joint Chiefs have given us in terms of adding on additional dollars 
for key issues. Our troops in Bosnia need more money for countermine 
measures. Our troops around the world need more money and support for 
understanding a threat from chemical and biological weapons.
  Mr. Chairman, let me really get to the heart of what this debate is 
all about. I read the veto message put out by the President where in 
the end, after saying he is going to veto the bill, he talks about the 
Nautilus program, the program that we are doing to help Israel. Mr. 
Chairman, I want our colleagues to listen to this, because this 
President went before AIPAC and he told AIPAC at their national 
convention, I urge my colleagues to read his statement, that he is 
committed to an agreement to expand our theater missile defense program 
so that we will have the ability to detect and destroy incoming 
missiles. That way Israel will not only have the advantage it needs 
today, but will be able to defeat the threats of tomorrow, which is 
basically the Nautilus program.
  This President is all for it and so is Secretary Perry. But like 
every other defense priority, what did this President do, Mr. Chairman? 
When the funding requests were made, what we are talking about, the 
high energy laser program, which is in fact the Nautilus program, in 
fiscal year 1994, the Clinton budget was $4.8 million. This Congress 
put in $24.8 million. In fiscal year 1995, this President, who had the 
audacity to go before AIPAC and say I support you and the high energy 
laser program must go forward, asked for zero money. He zeroed the 
program out. Not one dime of money. Yet he is taking credit for that 
initiative in front of every person concerned about Israel's security 
across the world.
  What did they ask for it this year before there was an incident of 
the Katyusha rockets being fired? They asked for $3 million, starvation 
of the program.
  Mr. Chairman, the time for the demagoguery of this administration on 
defense spending has got to come to an end. This President can no 
longer get away with saying one thing and doing something else, whether 
it is the Nautilus program, whether it is the B-2 bomber or whether it 
is missile defense.

[[Page H4940]]

  Mr. Chairman, let me say we are not about tweaking Russia in this 
bill. In my conversations with key Russian leaders over the weekend 
with Senator Bill Bradley, we did not hear one word about missile 
defense. What do we hear in terms of jeopardizing the START II talks? 
We heard about this administration's plan to expand NATO. But we never 
hear the President talk about that, because that is a key priority. 
That is the only thing the Russians talked about the entire time we 
were there. In fact, I said to them, I have heard more about NATO 
expansion in 2 days than I have heard on the floor of the Congress in 2 
years. But this administration does not talk about that, because it is 
not consistent with their position.
  In fact, Mr. Chairman, under the leadership of this full committee 
chairman, we have reached out to the Russians in a way that has never 
been done before; $20 million of joint missile defense initiatives with 
the Russians so that we can continue the Ramos project, the Skipper 
project and do joint technology work. Under the leadership of this 
chairman, we have reached out to the Russians to show them that we want 
to work together.
  Mr. Chairman, let me also say we are not going to be shortchanged by 
looking at a military leadership in Russia that was the same when it 
was the former Soviet Union. While democracy is occurring over there 
and economic reform and stability and hopefully the elections will turn 
out well next month, the military leadership is the same. Mr. Chairman, 
I would ask my colleagues if they would get a copy of what is called 
the Sirikov document, an internal document circulated among the Russian 
Ministry of Defense that shows some of the military thought about what 
their posture should be with the United States.
  This is not my document, Mr. Chairman. This was circulated in the 
Russian media 2 short months ago. I had it translated. What does it 
say? It says that Russia should look at the United States militarily as 
a long-term adversary. That Russia should look at the United States in 
a way that allows them, if they are backed into a corner, to share 
technology and missile defense capability and offensive missile 
technology with Iraq, Iran, and Syria.
  It further states that the Baltic States of Estonia, Latvia, and 
Lithuania are rogue nations run by mafiosi. Mr. Chairman, that is the 
problem. We are not talking about Boris Yelstin. We are not talking 
about those leaders like Mr. Lukin who definitely want better 
relations. We are talking about a military that we still have to be 
prepared to deal with. I urge my colleagues to support this important 
bill.
  Mr. Chairman, we are committed to work with Russia. We are committed 
to work with the leaders. The current efforts that are being put forth 
by the Utah Russian Institute to establish a working relationship with 
those members of the Russian Duma who want us to work together 
cooperatively. Under Speaker Gingrich's leadership we have established 
a new landmark process that will allow us for the first time to have 
the Speaker of the Russian Duma, Mr. Seleznyov and the Speaker of this 
Congress to come together twice a year where our Members who are 
interested in key issues can get to know their colleagues, both in the 
Russian Duma and in this American Congress.

                              {time}  1745

  Mr. Chairman, what we are saying is we want to work with the 
Russians, we want to reach out to them, we want to share technology. 
But in the end we do not want to shortchange the American people. This 
administration will have us believe that arms control agreements are 
the end all and the cure all. I do not disagree with arms control 
agreements, but when I see the administration ignore a violation of the 
missile control technology regime, as they did in December, and not 
even call the Russians for it, when I see not even calling the Russians 
on a nuclear test that occurred in Nove Zamky, I wonder how we can say 
we base our relationship on arms control agreements when we do not want 
to call the Russians when they violate those same agreements.
  What we are saying, Mr. Chairman, is we have a solid approach to work 
with the Russians, to show that we no longer live in a bipolar world, 
that we must, first of all, protect and defend the American people.
  It is so ironic, Mr. Chairman, with all the rhetoric of the 
administration that both the Air Force and the Army have said they can 
give us an ABM Treaty compliant missile defense capability, not for the 
tens of billions of dollars that President Clinton cites in his veto 
message, but for between $2 and $5 billion.
  These are the administration's leaders in the Pentagon who are 
telling us we can give the American people something they do not now 
have, and that is a protection against what? Five incoming missiles. 
What is so outrageous is that while we try to give the American people 
this protection, the Russians have had an operational ABM system for 
the past 20 years that protects 80 percent of their population.
  Mr. Chairman, I ask our colleagues to support this bill.
  Mr. DELLUMS. Mr. Chairman, I yield myself 9\1/2\ minutes.
  First, let me say, Mr. Chairman, that with respect to premature 
expansion of NATO I would tend to agree with the gentleman from 
Pennsylvania [Mr. Weldon], but I would remind my colleague that in the 
context of H.R. 7, Contract for America, there was a great deal of very 
poignant, strident remarks with respect to the issue of the expansion 
of NATO, and it is slightly disingenuous to make that attack at this 
point when those remarks were contained in the Republican sponsored 
H.R. 7.
  Second, I tried to listen very carefully to the distinguished 
gentleman from Pennsylvania [Mr. Weldon], who pointed out that they 
could purchase a missile, a national missile defense, from between $2 
and $3 billion. That is not the missile defense system that is 
contained in the freestanding piece of legislation that will come to 
the floor over the next several days. As a matter of fact, as I 
understand it, the Congressional Budget Office, in costing the 
potential of the freestanding piece of legislation dealing with 
nationalistic defense, would more approximate $8 billion, and that is 
if we just keep it on the ground. If we go into space with Brilliant 
Pebbles, et cetera, we could be talking about a missile system well in 
excess of $30 billion, maybe approaching even $40 billion. So this $2 
or $3 billion does not square with the reality.
  Now, there are several comments that have been made during the course 
of this debate that I think we need to clarify. With respect to this 
so-called modernization crisis and the need for procurement, my 
colleagues on this side of the aisle plused up the procurement budget 
by $7.5 billion, an incredible amount of money. Now, their argument is 
that we had a procurement crisis, a modernization crisis. Mr. Chairman, 
the simple facts are as follows:
  In the context of a post-cold-war environment we began to downsize 
our military force structure. In downsizing our military force 
structure after the $300 billion per year spending that characterized 
the 1980's, we had an incredible inventory of resources designed to 
serve a much larger force structure.
  Now, one does not have to be a rocket scientist to understand that if 
we got inventory to support a force structure here and we are 
downsizing to a force structure here, that that excess inventory can 
handle this force structure. So for several years obviously the 
procurement budget went down as we drew from these excesses in the 
inventory. The thought was that down the road, they ran back up as we 
move beyond this so-called procurement holiday, saving taxpayers 
billions of dollars. That was rational, that was calm, that was cogent, 
that was responsible. But we are adding $7.5 billion over and above all 
of that.

  Next comment: We are now operating on the basis of the Bottom-Up 
Review that justifies a military budget to carry out two major regional 
contingencies. I would suggest, Mr. Chairman, that that Bottom-Up 
Review was more a first cautious step away from the end of the cold war 
than it was a bold step into the future, and I asked Secretary Perry 
should the Bottom-Up Review be perceived as a dynamic living document 
and not a static document? His answer was, yes, that we are presently 
looking at the world through a glass darkly, and as we gain greater 
knowledge about the world, we must then begin to change the assumptions 
upon which we build a military budget.

[[Page H4941]]

  I believe we are beginning to develop that kind of analysis. I have 
said over and over and continue to believe that there is much less 
chance that we would engage in some major regional war than it is we 
would be involved in the Somalias, the Haitis, the Rwandas, and the 
Bosnias of the world, activities other than war. But we are building a 
military budget to fight the last war. We still cling tenaciously to 
the notions of the cold war. Even one of my colleagues used an 
antiquated term like the far left. I thought we were beyond that, Mr. 
Chairman. The cold war is over.
  Old labels make no sense. Old ideas make no sense. Old paradigms make 
no sense. We have to strip those labels, strip those ideas, strip those 
paradigms and come to the table intellectually honest enough to develop 
a military budget based on the realities of the emerging world, and we 
ought to be challenging each other intellectually, we ought to be 
challenging each other with respect to our fiduciary responsibilities 
to the taxpayer. Spending $267 billion in the context of the cold war, 
post-cold-war, is obscene when we are challenging education budgets, 
welfare budgets, jobs budgets, health budgets and other budgets, 
finding money to balance the budget. But some kind of way we found $13 
billion to build the military budget. Who are we afraid of in the 
world? Some Third World country?
  When we fought in Desert Storm, the President told us we were 
fighting the fourth largest military in the world. The Soviet Union 
vanished. The Warsaw Pact evaporated. We were spending over 200 and 
some odd billion dollars per year to wage war, potentially wage war, on 
two entities that no longer exist.
  Mr. Chairman, we do not need this military budget.
  Finally, let me say this. I was hoping that we would come to this 
floor to explore the realities of what we ned in a post-cold-war 
environment. None of us could have anticipated this moment. Historians 
will decide who won the cold war and how it ended. I do not have time 
for that. It is real, it is here, it is now, and we must step up to the 
plate and address it.
  I believe the end of the cold war allows us to develop a new national 
security strategy with three components: First, a healthy vibrant 
economy, which means that we invest in our people and we invest in our 
country, where we have an intelligent, enlightened, educated, informed, 
and well-trained society. Healthy, where we invest in technologies and 
research that enhance the quality of human life as we march into the 
21st century at the end of the post-cold-war world, the end of the cold 
war.
  The second element is a foreign policy based upon the notion that it 
is a heck of a lot more responsible to attempt to prevent war than it 
is to walk cocky into war. The problems of the world do not necessarily 
lend themselves to a military solution. The problems of the world are 
political and economic and social and cultural and need to be resolved 
in that context. We ought to be about prevention, political solution, 
dialog, sitting at the peace table.
  Why have we produced peace in Bosnia? Because people came to the 
negotiating table. Diplomacy was the order of the day, not building 
more bombs and more missiles and more weapons so that we stride across 
the world prepared to wage war. The world has changed, and we must 
change with it.
  The third element is a properly sized, properly trained, properly 
equipped military to meet the national security needs into the 21st 
century. I do not believe this budget does that. We have not taken the 
time to review the bottom-up review and come up with a new one if we do 
not think it works. We have not taken the time to sit down to develop a 
national security strategy so that our children and our children's 
children inherit a world that is indeed worthy of them.

  That is why we are paid to be here, to grapple with each other, to 
debate beyond that, to think and to have the audacity to think new and 
to think fresh and to think boldly. But we are marching cautiously away 
from the cold war, funding weapon systems that we do not need.
  In conclusion, we are doing it because of unemployment. We are doing 
it because we know that people work on these weapon systems, and I 
understand that. Each of us has to get up each day and pay our bills 
and pay our rent and educate our children, house our family. So I am 
not cavalier about jobs. But there is a better way to produce jobs in 
this country than for the military budget to be a jobs bill. Our 
strategy ought to be a strategy that embraces full employment, that 
embraces economic conversion, that invests in people and invests in our 
society, but not use the military budget because we lack the courage 
and lack the willingness to move boldly into the future.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, we look back at history. What is being said today on 
both sides of the aisle is not a whole lot different from what we 
experienced before. if we look back at history, we always have found 
people who thought we were doing too much in defense of our country, 
and we also found people who thought that we were not doing enough, and 
somehow or another we have been able to overcome those arguments from 
people who refuse to see the threats that we face in the world, our 
freedom, and we have remained free because of it.
  The fight is a continuing fight, it has always been here, it is 
always going to be here. Today is rehash of the same thing.
  We have a dangerous world. Our obligation is to keep our country 
free, what we are trying to do.
  Mr. Chairman, I yield 2 minutes to the gentleman from Pensacola, FL 
[Mr. Scarborough].
  Mr. SCARBOROUGH. Mr. Chairman I want to make a couple quick comments.
  The ranking member talked about how the world had changed, and I have 
a great deal of respect for the gentleman from California [Mr. 
Dellums], but I will agree with him on this point. The world has 
changed.

                              {time}  1800

  The cold war world is over. We are no longer a bipolar world. 
Unfortunately, we have gone from being a bipolar world to becoming a 
singularly polar world. For the first time since the end of the fifth 
century, we are the sole superpower on the planet. There is only one 
superpower for the first time since the end of the Roman Empire.
  If we are going to be the world's policeman, as the gentleman argued 
that we should have been in Bosnia and in Haiti and in Somalia and 
around the four corners of the globe while taking care of our troops, 
we are going to have to make an investment. If we want to ensure that 
our men and women who are enlisted can serve this country without the 
fear of having to be on food stamps, then we have to make an adequate 
investment.
  If we want to make sure that service families do not continue to 
deteriorate and fall apart because the President has fired 300,000 
people in the military, and he is still asking them to do more with 
less and more with less, year in and year out and year in and year out, 
then we are going to have to make an investment.
  If we want to ensure that we can protect this country at least from a 
ballistic missile from an emerging Third World country, or if we want 
to be prepared for the great China threat, and Mr. Chairman, it is 
coming, the 21st century may not be the China century but there is a 
good chance it is going to be the Asian century, if we are going to 
look forward and protect against those threats, then we have to make 
the investment. This bill does it. I support it.
  Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from New 
Jersey [Mr. Saxton].
  Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Missouri [Mr. Skelton] for a combined 5 minutes, to 
allow them to enter into a colloquy.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Chairman, I would like to enter into a discussion 
with the distinguished gentleman from Missouri [Mr. Skelton]. As the 
gentleman knows, I had planned to offer an amendment which would keep 
in place

[[Page H4942]]

the administrative command structure for the Army Reserve. As a senior 
member of the Subcommittee on Military Personnel which has jurisdiction 
over this matter, I think it would be beneficial to the Members if the 
gentleman could explain the impact of the provisions and whereby you 
support the provision as it is currently written in keeping the U.S. 
Army Reserve Command as it currently exists.
  Mr. SKELTON. Mr. Chairman, I thank my good friend, the gentleman from 
New Jersey, and I appreciate the opportunity to speak on this important 
issue of Army Reserve.
  Title XII of H.R. 3230, the reserve forces revitalization, is 
intended to set forth the administrative and organizational structure 
of our Nation's reserve forces. This provision was not contained in the 
chairman's original mark but was included following a spirited debate 
on the issue. Several subcommittee members and I remain particularly 
concerned about the language that would change the command structure of 
the Army Reserve.
  The U.S. Army Reserve Command is responsible for providing well 
trained and equipped soldiers to augment active duty forces during 
times of conflict. Currently the Army Reserve Command reports to the 
Chief of Staff to the Army through the Army's Forces Command. Since 
Forces Command is the provider of ground forces to the war-fighting 
Commanders-in-Chief, this relationship seems both appropriate and 
beneficial. The adopted provision would alter this command organization 
by making the United States Army Reserve Command a wholly separate 
command and have the Reserve commander report directly to the Chief of 
Staff. Under this structure the U.S. Army Reserve Command would have to 
advocate for needed resources without the benefit of the commanding 
general of Forces Command, an influential four-star general.
  Mr. Chairman, I am concerned with this change on two accounts. First, 
the current command relationship is operating well and making good 
progress towards addressing noted weaknesses. While it is true that in 
the past, Reserve forces seem to be last in line to receive needed 
resources, significant changes have been made which make restructuring 
unnecessary at this time.
  In the words of the current Chief of Staff of the Army Reserve, Maj. 
Gen. Max Barantz, from a letter addressed to me on May 3, 1996: 
``Because 100 percent of the Army Reserve line units and 92 percent of 
the support units are utilized in the CINCs' current war-fighting 
plans, I believe it is a good idea between peacetime and war to work 
directly for the people one will fight with. We have been under this 
system for 4 years and our readiness has increased during this time as 
a direct result of this command relationship.
  Second, in the Military Personnel Subcommittee markup, I offered 
language which would allow the Army's leadership to determine whether 
or not to restructure. This seemed a better approach than to mandate 
what is essentially a military decision.
  Mr. SAXTON. Mr. Chairman, I thank the gentleman for providing the 
Members with that insight. I share the gentleman's views on the issue. 
In fact, it was in response to those concerns that I proposed my 
amendment to keep the situation the way it is.
  In addition to the points which the gentleman has raised, I would 
like to add two other points. First, as the gentleman knows, within the 
Pentagon the budget battles are ultimately decided by four-star 
generals. Left unchanged, H.R. 3230 would set up a command structure 
which puts the commander of the Army Reserve, a two-star general, in 
competition with generals that wear four stars. I am concerned that in 
that arrangement, the U.S. Army Reserve will inevitably end up with the 
short end of the stick.

  In addition, I know of no other command within the military which has 
been the subject of such congressional oversight and attention as the 
Army Reserve has. The Army Reserve Command is a relatively new command 
established in 1991. In 1994 Congress mandated a significant change in 
the command structure. Both actions require time to fully implement and 
to determine whether further changes are necessary.
  Mr. Chairman, I believe that, at this time, mandating a change in the 
U.S. Army Reserve Command structure is premature. My amendment was 
intended to keep all options open to retain the current command 
structure, yet permit the change to take place should it be necessary. 
I have elected to withdraw my amendment, understanding that this issue 
will be taken up in conference.
  Mr. DELLUMS. Mr. Chairman, I yield 1 minute to the gentleman from 
Mississippi [Mr. Montgomery].
  Mr. MONTGOMERY. Mr. Chairman, I thank the gentleman for yielding time 
to me. I want to thank the gentleman from New Jersey for withdrawing 
that amendment. I would point out that this colloquy is not what is in 
the bill. The bill is the amendment that we sponsored that said the 
Army Reserve commander would only report to one person, the Chief of 
Staff. That is the biggest difference between this amendment they are 
talking about. They want two people that the Army Reserve chief has to 
report to.
  The Army Reserve commander is the only one that has to report to two 
chiefs. The Army Guard, the Air Guard, the Air Reserve, the Marine 
Reserve, the Naval Reserve, their commanders go directly to those 
Chiefs of Staff. It is simple. It makes a lot of sense to do it that 
way.
  Mr. Chairman, I have five letters from former commanders of the Army 
Reserve. I will read part of one from General Ward, who was former 
chief of the Army Reserve. He said: ``Having two bosses is something 
less than ideal. The conflicts that arise are frequent and not easily 
resolved as you attempt to advise and comply with the guidance of two 
superiors whose points of view are different.''
  Really, he says that this is inefficient, ineffective, and flies in 
the face of logic. He says we need common sense. We only need one 
commander that the Army Reserve reports to. That is what is in the 
bill. We hope it stays in there.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Indiana [Mr. Buyer].
  (Mr. BUYER asked and was given permission to revise and extend his 
remarks.)
  Mr. BUYER. Mr. Chairman, I rise in support of this bill, and offer 
compliments to the chairman, the gentleman from South Carolina [Mr. 
Spence].
  Mr. SPENCE. Mr. Chairman, I yield the remainder of my time to the 
gentleman from New York, Mr. Jerry Solomon, chairman of the Committee 
on Rules.
  The CHAIRMAN. The gentleman from New York [Mr. Solomon] is recognized 
for three-quarters of a minute.
  Mr. SOLOMON. Mr. Chairman, I wanted to rise to commend the chairman 
of the committee and the ranking member, because they have done an 
outstanding job with probably the most important legislation that ever 
will come before this body each year, and also to call attention to my 
amendment that will be first up tomorrow morning dealing with the Nunn-
Lugar issue. I hope every Member comes over, listens to the debate, and 
supports my amendment.
  With that, Mr. Chairman, I commend the chairman and his staff for a 
job well done.
  Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to my distinguished 
colleague, the gentleman from Colorado [Mr. Skaggs].
  Mr. SKAGGS. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, many in the new majority seem determined to do anything 
they possibly can to interfere with a woman's privacy rights and 
freedom of choice about abortion. They even want to turn this bill into 
a battleground on that issue. This bill should be about defending the 
country, not making war on a woman's right to choose.
  Mr. Chairman, we will soon be taking up the DeLauro amendment, which 
would protect the rights of U.S. servicewomen abroad by allowing them 
to exercise the same constitutional rights available to women here at 
home. I ask my colleagues to support it. I ask them in the strongest 
possible terms.
  It is ironic, I think, that when we ask members of the U.S. Armed 
Forces serving abroad, women members of the Armed Forces to defend this 
country and its Constitution, we at the same time, if the language in 
the bill is retained, deny them the fundamental

[[Page H4943]]

rights accorded every other woman in this society under the very 
Constitution they are being asked to defend. Of all people for us to 
single out, of all the people to deny the fundamental protections of 
the Constitution, rights to privacy and freedom of choice, we certainly 
should not be doing it to those women in uniform willing to risk their 
lives to defend this country and the rest of us.
  Mr. Chairman, I urge the majority in this body to leave these 
soldiers alone. Do not target them for this very ill-advised and I 
think ill-considered act of ideological retribution. They have enough 
to worry about as they go about doing their jobs without having to face 
the prospect that in an unfortunate situation, their only choice is to 
rely on suspect and frequently dangerous clinics in a strange land to 
deal with the most anguished personal problem they might face.
  Many in the new majority seem determined to do anything to interfere 
with a woman's privacy rights and freedom of choice about abortion. 
They even want to turn Defense authorization into an ideological battle 
ground on this issue. This bill should be about defending the country, 
not making war on a woman's right to choose.
  Mr. Chairman, we will soon take up the DeLauro amendment to protect 
the rights of U.S. service women overseas by allowing them to exercise 
their constitutional rights in the same way as women at home. I ask my 
colleagues to support it.
  The U.S. Constitution guarantees women the right to privacy and to 
choose whether to have an abortion or not. Without the DeLauro 
amendment, the bill before us makes a mockery of that right by denying 
access to safe, sanitary reproductive health care to women who have 
volunteered to serve their country in uniform.
  Imagine your sister or daughter in a strange land struggling with 
what may well be the most difficult decision of her life. Why shouldn't 
she have access--at her own expense--to military hospitals and health 
care? Why should the country for which she is willing to risk her life 
deny her the same rights and choices all other American women have?
  As members of the U.S. armed services abroad, military women defend 
this country and its Constitution. Without the DeLauro amendment, this 
bill will deny them the fundamental rights accorded every other 
American woman under the very Constitution they defend.
  Of all people for this body to single out--of all people to deny 
fundamental rights--those willing to risk their lives to defend the 
United States should be the last.
  I urge the majority in this body to leave these soldiers alone; find 
another ideological target. These soldiers have enough to worry about 
as they go about their jobs without having to worry about relying on 
suspect, possibly dangerous, clinics in strange lands in one of the 
most difficult and anguished circumstances they'll ever face.
  Vote ``yes'' on the DeLauro amendment.
  Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to my distinguished 
colleague, the gentlewoman from Texas [Ms. Jackson-Lee].
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the ranking member 
for yielding time to me.
  Mr. Chairman, to the chairman of the committee and to the ranking 
member, let me first say that I hope as we proceed with this very 
important discussion that we will unshackle ourselves from the 
definition of doves and hawks. We now move into the 21st century, when 
all of us have claimed the birthright of a safe and secure nation. To 
categorize those of us who have come to this floor to ask that we have 
a reasonable debate on reducing this defense budget is inaccurate and 
unfair.
  Let me simply say that I believe in defense as well, and am proud of 
the men and women who serve in the U.S. military; equally more proud of 
the African-Americans who lost their lives who will now be honored by 
this authorization bill.
  But I come honestly to say have we done the right thing by our 
children and by America, for the fact that we did not allow one single 
amendment that would discuss the reducing of a $13 billion excess, even 
to half it, as I had offered in the Committee on Rules? The real thing 
is we are doing good things for the military personnel by including a 
percentage for a raise. We are including a percentage for a housing 
allowance. We are recognizing the value of human resources.
  But I must share the remarks of my ranking member, the gentleman from 
California [Mr. Dellums], who made a very vital point: This is a new 
world order. We will not fight, as we can imagine, the kind of massive 
war we have fought in the past. We hope that we will again sit down to 
the table of peace and be able to resolve the Bosnia's and the Haiti's 
and the Rwanda's and the Somalia's, and yes, maybe a South Africa. What 
we must understand is that this country must be a leader in defense, 
yes; I do not deny that, but we must also be a leader in peace. 
Therefore, our strategy of defense must be one carved with the details 
of peace and negotiation in showing the readiness of our military, 
providing housing, securing fairness to all, but yet not overburdening 
this budget.
  Mr. Chairman, I ask that we defeat this authorization and recognize 
that we can go back to the table.
  Mr. DELLUMS. Mr. Chairman, I yield the balance of my time to the 
gentleman from Massachusetts [Mr. Meehan], my distinguished colleague 
and a member of the committee.
  Mr. MEEHAN. Mr. Chairman, as we close general debate on the fiscal 
1997 national defense authorization bill, I wonder what sort of message 
we are sending to the citizens of this country. For months the American 
public has heard nothing but the dangers of the growing deficit and the 
need to tighten our belts and balance the budget. Frankly, I could not 
agree more.

                              {time}  1815

  Unfortunately, today we are considering a bill that adds $13 billion 
to the Pentagon's request. That is right, $13 billion more than the 
Pentagon asked for. The same Congress that shut down the Government 
twice in the name of balancing the budget is sending a Government 
agency $13 billion more than it wants. Congress is sinking $13 billion 
into defense, and we will not even be discussing the final cost to the 
defense budget during this debate because the Republican-controlled 
leadership has refused to put a single amendment in order that would 
cut this budget.
  We added $7 billion in the fiscal year. Now we are adding $13 billion 
in this fiscal year. The defense budget is half of all discretionary 
spending we have in this country. If half of discretionary spending, we 
are going to tell the Government they need to spend more, $20 billion 
over 2 years, how in the world are we going to make the investments in 
education, in student loans, in children?
  We are not making that investment because we do not have the courage 
to make the difficult choices when it comes to the defense budget in 
this country. This is an outrage, that we cannot even have an amendment 
before this House, the people's House, to determine whether or not we 
should add $13 million to a budget where the Pentagon said they already 
had enough.
  The American public ought to be outraged that we are actually coming 
before this House. I urge us not to vote for this bill.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today to argue for 
eliminating the Defense authorization provisions requiring that members 
of the armed services who are diagnosed with HIV be discharged from the 
service. The systematic discharge of those personnel that are HIV-
positive is discriminatory and unnecessary.
  Defense Secretary Perry, General Shalikashvili, Chairman of the Joint 
Chiefs of Staff, and other military leaders have all successfully urged 
repeal of the requirement that HIV personnel be discharged. If military 
personnel are able to perform their duties, we cannot in good 
conscience discharge them when we have no justifiable reason to do so.
  I oppose provisions to summarily discharge someone based on their 
medical condition. This violates our sense of fairness and justice. We 
should not be punishing someone for contracting HIV, or any other 
disease. We do not systematically discharge personnel who have 
contracted cancer or diabetes. These military personnel have served 
honorably and are prepared in heart and body to defend and protect our 
Nation. I think we do a great disservice to all of the armed services 
when we support a discriminatory policy to those who would sacrifice 
their lives for our Nation.
  As this legislation proceeds through the House and Senate and to the 
conferences, I

[[Page H4944]]

expect that the right decision will be made and these strikingly 
discriminatory provisions that disregard the service of our military 
personnel, who are infected with HIV, will be rejected.
  Ms. HARMAN. Mr. Chairman, as we have added funds to the Pentagon's 
budget, we have unfortunately neglected, until this year, changing the 
mindset of the military on how it makes purchasing decisions. 
Regardless of how much Congress provides, we must ensure that all of 
the dollars are spent wisely.
  As my colleagues know, I am a strong and vocal advocate for creating 
an industrial base that can meet both commercial and military 
requirements. It is clear that we cannot afford to maintain two 
distinct industrial bases--one for defense, one for commercial 
applications--as we have had the luxury of maintaining in the past.
  Instead, we must pursue policies and develop programs that encourage 
cooperative ventures in which defense and commercial expertise and 
technology complement and support each other. As such, I want to 
commend Mr. Weldon, chairman of the research and development 
subcommittee, and bring to my colleagues' attention section 203 of the 
bill.
  Section 203 creates an innovative and robust dual-use technology 
program. It does this by elevating within the Department of Defense an 
emphasis on integrating commercial technologies into current and future 
military systems. It devotes over the next 4 fiscal years increasing 
percentages of the DOD science and technology budget for dual use 
applications. And it encourages program managers to use these funds to 
develop and acquire technologies with both military and commercial 
applications, rather than purchasing more expensive milspec items. And 
it does this while sharing the costs of development with industry.
  I strongly believe that the dual use program authorized in the bill 
will make defense dollars stretch farther while sustaining critical 
components of our Nation's industrial base. I will fight for it in 
conference and trust Mr. Weldon will join me.
  Mr. Chairman, I also want to bring to my colleagues' attention 
another provision which I believe is widely supported by this body.
  As you know, on April 28, the Secretary of Defense and the Prime 
Minister of Israel entered into an agreement for the joint development 
of the Nautilus Laser/Theater High Energy Laser Program.
  This program will lead to the development of a ballistic-missile 
defense system for Israel--a goal which in itself will ensure continued 
stability and peace for the Middle East.
  Unfortunately, at the time of our subcommittee markup, the 
administration had still not forwarded its funding request nor 
identified offsets to pay the estimated $40 to $50 million U.S. share.
  As a result, the subcommittee included at my request, and with the 
full support of all members, a statement expressing strong 
congressional support for the Nautilus Program and encouraging the 
Secretary to send up a funding request.
  I am hopeful that by the time the House and Senate conference on the 
defense bill, we will be in a position to authorize the funds necessary 
to develop this critical missile defense program.
  I am pleased that committee also authorized funds to continue several 
badly-needed weapons programs. Ten C-17's, for example, were funded and 
the 6-year procurement of 80 aircraft approved. By buying the transport 
aircraft in this fashion, the taxpayers save nearly $1 billion.
  The committee also added $290 million to improve the conventional 
mission capability of the B-2 strategic bomber and $49 million for 
similar improvements to the B-1. Both recommendations deserve the 
support of this body.
  Mr. Chairman, I am hopeful that there will be some changes and 
modifications to the bill in conference, including the repeal of the 
abortion language, the HIV-discharge requirement, other discriminatory 
provision affecting gays and lesbians, and the unconstitutional 
restrictions on the sale and rental of materials at military PXs.
  I would hope that a clean prodefense bill will pass this House this 
week, pass the Senate soon, be reported by a Senate-House conference 
and signed into law by the President. Our national security, our 
military, and our industrial base depend on it.
  Mr. McKEON. Mr. Speaker, I rise in support of H.R. 3230, the 
Department of Defense Authorization Act. As many Members know, the 
decline in defense spending that began in the aftermath of the cold war 
has drastically accelerated under the Clinton administration. Troop 
levels, air wings, and naval vessels have all been impacted. At the 
same time, demands on our military are increasing and we must ensure 
that our military can effectively respond to these demands.
  I want to inform Members who might be concerned about the 
modernization levels in the bill that the President cut these levels 
after promising last year that modernization spending would rise. In 
fact, the Chairman of the Joint Chiefs of Staff testified in support of 
a $60 million funding level for modernization accounts. Because we are 
reducing our overall troop levels and forward military presence, it is 
critical to finance these needs. H.R. 3230 will arm our bombers and 
fighters with smart weapons and protect our ships from missile attack. 
I urge support for this legislation.
  Mr. EVERETT. Mr. Chairman, the Clinton administration's national 
security strategy is based on being able to fight two regional 
contingencies [MRC's] simultaneously, yet the administration has 
underfunded this strategy by as much as $150 billion over the next 5 
years. The national Defense authorization bill for fiscal year 1997 
before us today will help shore up the inadequacies of Clinton's 
defense budget.
  In staying with the congressional Republican commitment to prevent 
the hollowing of the Nation's military, the National Security Committee 
added nearly $13 billion to Clinton's request of $255 billion which is 
consistent with Congress' plan to balance the budget by 2002. These 
additional funds are primarily focused on three areas, to include 
quality of life enhancements for service members and their families, 
maintaining military readiness, and modernizing outdated weapon 
systems. All three of these areas are crucial if America wants to 
maintain a highly motivated and highly capable military, and I feel 
this defense keeps the country moving in this direction.
  While I am supportive of most provisions contained in this 
legislation, I am concerned about the lack of a cogent depot 
maintenance policy in the bill. Last year, the House supported the 
elimination of the 60/40 policy with the hope that the Pentagon would 
arrive at a sensible maintenance policy that preserves an in-house 
capability to support the CORE workload requirements, but also utilizes 
the private sector industrial base for DOD's remaining maintenance 
workload.
  This already complex industrial base/military readiness matter 
involving outsourcing and privatization became embroiled in 
Presidential politics in the aftermath of the 1995 Base Realignment and 
Closure Act. President Clinton's unwise, and in my view, flagrant abuse 
of the base closure process resulted in the privatization in place 
concept at Kelly and McClellan Air Force Logistics Centers for 
political expediency in Texas and California. The Pentagon has done 
little to clarify this matter.
  Last month, Department of Defense officials testified before the 
National Security Committee and failed to put forth a balanced depot 
maintenance policy. In fact, the comments about wholesale depot 
privatization enraged committee members and lent credence to the 60/40 
policy. Rather than clear up any confusion or ambiguity, the Pentagon's 
unfocused testimony forced the committee to withhold any action until 
conference negotiations with the Senate.
  The 60/40 depot-level maintenance policy is archaic and based on a 
public/private worksharing arrangement that has no relevance to 
readiness or military capability. I believe the $15 billion that the 
taxpayer pays annually for this purpose can be pared significantly if a 
sound maintenance policy is put in place.
  From a private sector industrial base perspective, I have a specific 
example in my district of just how harmful the current policy is. A 
private helicopter remanufacturing company has tried repeatedly to bid 
on depot-level maintenance for Army Blackhawk helicopters. They have a 
long history of performing very good work on UH-60 and CH-53E 
helicopters.
  But as a result of the Army's interpretation of this 60/40 policy, 
the 40 percent of the work this firm can actually bid on is being 
largely consumed by organizational and intermediate-level maintenance 
for fixed-wing aircraft.
  Not only is the firm in my district, that specializes in helicopter 
work, inhibited from competing for depot-level maintenance work on 
Blackhawks, but the 40 percent share set aside for the private sector 
is nearly fully consumed by fixed-wing work comprised of emptying 
ashtrays and changing windshield wiper blades. The ramifications of 
this haphazard policy yield virtually no industrial base benefits to 
support rotary-wing, or for that matter fixed-wing, aircraft. This is 
not a cogent industrial base policy for our national defense.
  Mr. Chairman, the 60/40 workload split makes even less sense today 
than it did when it was first adopted, and I hope this maintenance 
issue is examined thoroughly when the House and Senate go to conference 
on this legislation.
  Mr. BROWDER. Mr. Chairman, the Chemical Stockpile Emergency 
Preparedness Program [CSEPP] was established in 1988 to assist 
communities near the eight chemical weapons storage sites in the United 
States. The program, currently managed jointly by the Army and FEMA, 
provides States and local governments funding and technical assistance 
to improve emergency response capabilities

[[Page H4945]]

for an accident involving the chemical stockpile.
  Although the Federal Government has spend $387 million on CSEPP, 
communities near the storage sites are not fully prepared to respond to 
a chemical emergency. Since 1993, GAO reports have attributed CSEPP's 
lack of progress to Federal management weaknesses including fragmented 
responsibilities, poor guidance, and inadequate financial controls. The 
amendment I am offering today to H.R. 3230, 1997 National Defense 
authorization bill, seeks to rectify this situation.
  Efforts are ongoing between the Army, FEMA, and the States to 
establish site specific integrated product and process teams as a 
management tool for the CSEPP portion of the Chemical Demilitarization 
Program. In view of CSEPP's past management difficulties, I encourage 
the expeditious establishment of the IPT's. My amendment requires the 
Army to report within 120 days of enactment on the success of the IPT 
process.
  But if at the end of the 120-day period the Army and FEMA have been 
unsuccessful in implementing site-specific IPT's with each of the 
affected States, my amendment authorizes the Army to assume full 
control and responsibility for CSEPP, eliminating FEMA's role as joint 
program manager. This will allow the Army to negotiate directly with 
the States regarding program requirements, implementation schedules, 
training and exercise requirements, and funding in the form of direct 
grants for program support.
  Mr. Chairman, during consideration of H.R. 3230 by the House National 
Security Committee, I called on the committee to schedule full and open 
hearings next year on the stockpile program. We as a nation need to 
answer three central questions about our aging chemical weapons 
stockpile: First, do we really need to destroy these weapons; second, 
how should we destroy these weapons; and third, how much are we willing 
to pay to destroy these weapons?
  The price tag for the destruction program has already climbed above 
$12 billion, making it one of DOD's largest procurement programs. If 
this were an airplane or a ship or a missile, my colleagues in the 
House, the media, and the American public would be screaming from the 
rooftops about the outrageous cost and mismanagement of this program. 
But because it involves chemical weapons, it isn't sexy enough to merit 
more than lip service from our Nation's highest officials.
  I ask your support of my amendment to H.R. 3230 as we attempt to try 
to bring some sanity and fiscal constraint to CSEPP and the Chemical 
Stockpile Destruction Program.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I rise at this time to 
speak about an issue which I believe to be very important. I requested 
that the committee consider including language in the fiscal year 1997 
Defense authorization bill authorizing additional funds for the 
purchase of combat boots during fiscal year 1997 and directing the 
Defense Personnel Support Center [DPSC], a unit of the Defense 
Logistics Agency [DLA], to procure a minimum of 85 percent of the 
anticipated consumption of combat boots. Over a period of 3 years this 
plan would provide a reduction in inventories of 557,000 pairs. At the 
end of that time, this country would have a 38-week peacetime supply of 
combat boots--including a 20-week mobilization stock. This supply, only 
a few weeks of boots at Desert Storm consumption rates, compares to an 
18-week supply currently planned by the DPSC.
  Late last year the Military Boot Manufacturers Association [MBMA], 
which is comprised of the four manufacturers of combat boots for the 
military services, brought to my attention the fact that the DPSC 
planned to continue its reduction in inventory of combat boots over the 
next 3 years from the present 65-week supply to an 18-week supply of 
boots. By letter dated February 29, 1996, Congressmen Hefner, Costello, 
Lewis, Romero-Barcelo, Kingston, and I wrote to the Department of 
Defense and expressed concern about the DPSC's plan to purchase between 
579,000 and 869,000 boots per year, when the annual consumption of 
boots is expected to be 1.2 million, resulting in an inventory decrease 
of approximately 380,000 pairs per year, or 1.14 million pairs over a 
3-year period.
  While I recognize and appreciate the need to reduce inventories to 
the lowest practical level, the 18-week supply contemplated by the DPSC 
may be insufficient in the event of a national emergency or 
mobilization and could impair the viability of our producers. Moreover, 
in view of the fact that 90 percent of the footwear in the United 
States is imported, the Department of Defense has recognized the 
importance of preserving the small industrial base represented by the 
MBMA.
  The January 30, 1996, response we received from Brig. Gen. Carl H. 
Freeman of the DPSC, confirmed the statistics cited in our letter but 
asserted that ``DPSC is no longer authorized to carry mobilization 
stocks, only to maintain safety levels.'' According to the DPSC, due to 
the need to prioritize limited funding and to comply with a September 
5, 1991, Department of Defense comptroller decision which requires DPSC 
to reduce mobilization stocks to ``safety levels,'' DPSC plans to 
continue purchasing reduced numbers of boots over the next 3 years 
unless it receives additional funding specified for boots and an 
authorization to carry additional inventory.
  Mr. Chairman, I also wish to bring to the committee's attention an 
innovative distribution plan for combat boots which the MBMA members 
recently proposed to the DPSC. Under the plan, boots would be shipped 
by contractors directly to recruit induction centers and other boot 
consumers, bypassing the present Government depots and saving the 
Government freight and administrative costs. Each contractor would 
provide quick response shipment upon receipt of Government delivery 
orders transmitted via electronic data interchange [EDI]. The plan is 
consistent with the DLA's goal of lowering costs and improving customer 
service through director vendor delivery [DVD] and EDI. Inventories 
would be reduced at a rate of 15 percent of consumption per year rather 
than the more drastic reduction in inventory contemplated by DPSC. I 
hope that the committee will encourage the DLA to give careful 
consideration to the plan as a means of ensuring an adequate supply of 
combat boots in the event of a national emergency or mobilization and 
preserving a fragile industrial base.
  Thank you Mr. Chairman and I look forward to working with you and the 
DLA on this crucial matter.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 3230

       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.

[[Page H4946]]

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.

             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.

                  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.

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.

                 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.

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.

[[Page H4947]]

                       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.

                      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.

      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.

[[Page H4948]]

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.

  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 funds.
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.

            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.

        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.

                      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.

[[Page H4949]]

Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South 
              Carolina.

                       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.

    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

[[Page H4950]]

     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.

       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.

     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

[[Page H4951]]

     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.
       (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.
    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).

[[Page H4952]]

       (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:

[[Page H4953]]

       (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.
             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.

[[Page H4954]]



     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:

[[Page H4955]]

       ``(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.
                  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--

[[Page H4956]]

       (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).

[[Page H4957]]

       (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).
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

[[Page H4958]]

     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''.

[[Page H4959]]



     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

[[Page H4960]]

       (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   

[[Page H4961]]

                                                                                                                
  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

[[Page H4962]]

     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.
                 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.

[[Page H4963]]


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 Federa401''.ice.

       (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''.

[[Page H4964]]



     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--

[[Page H4965]]

       ``(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.''.


[[Page H4966]]


       (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

[[Page H4967]]

     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

[[Page H4968]]

     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

[[Page H4969]]

     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

[[Page H4970]]

     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

[[Page H4971]]

     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

[[Page H4972]]

     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.--

[[Page H4973]]

       ``(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

[[Page H4974]]

     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

[[Page H4975]]

     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.

[[Page H4976]]

       ``(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

[[Page H4977]]

     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.''.
                      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, 1996.
       (c) Adjustments.--The Secretary may establish a later date 
     under subsection (b)(2) or prescribe reduced cost-sharing 
     requirements for enrollees.

     SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.

       (a) Fiscal Year 1997 Limitation.--(1) During fiscal year 
     1997, the number of covered beneficiaries who are enrolled in 
     managed care plans offered by designated providers may not 
     exceed the number of such enrollees as of October 1, 1995.
       (2) The Secretary may waive the limitation under paragraph 
     (1) if the Secretary determines that additional enrollment 
     authority for a designated provider is required to 
     accommodate covered beneficiaries who are dependents of 
     members of the uniformed services entitled to health care 
     under section 1074(a) of title 10, United States Code.

[[Page H4978]]

       (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''.

[[Page H4979]]

       (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

[[Page H4980]]

     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

[[Page H4981]]

       ``(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''.
      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.

[[Page H4982]]

       (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.

[[Page H4983]]

       (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

[[Page H4984]]

     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.

[[Page H4985]]



     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''.

[[Page H4986]]

       (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.
  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.

       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 defense conversion.
       (4) Provision of assistance to promote environmental 
     restoration.
       (5) Provision of assistance to promote job retraining.

     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.

[[Page H4987]]



     ``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.

[[Page H4988]]

       ``(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

[[Page H4989]]

     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.

[[Page H4990]]

       (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'';

[[Page H4991]]

       (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

[[Page H4992]]

     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''.
            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
                                                                                                 ---------------

[[Page H4993]]

                                                                                                                
                                                                     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
                                                         ---------------

[[Page H4994]]

                                                                        
                                   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.

[[Page H4995]]


                         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 units......................        $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

[[Page H4996]]

                                                                                                                
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:

[[Page H4997]]



               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.
        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--

[[Page H4998]]

       (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                                 
----------------------------------------------------------------------------------------------------------------
           State or Location             Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
California............................  Camp Pendleton Marine                                                   
                                         Corps Base..............  Sewage Facility..............      $7,930,000
Connecticut...........................  New London Naval                                                        
                                         Submarine Base..........  Hazardous Waste Transfer                     
                                                                    Facility....................      $1,450,000
New Jersey............................  Earle Naval Weapons                                                     
                                         Station.................  Explosives Holding Yard......      $1,290,000
Virginia..............................  Oceana Naval Air Station.  Jet Engine Test Cell                         
                                                                    Replacement.................      $5,300,000
Various Locations.....................  Various Locations........  Land Acquisition Inside the                  
                                                                    United States...............        $540,000
Various Locations.....................  Various Locations........  Land Acquisition Outside the                 
                                                                    United States...............        $800,000
----------------------------------------------------------------------------------------------------------------


                               Air Force: Extension of 1994 Project Authorizations                              
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Alaska................................  Eielson Air Force Base...  Upgrade Water Treatment Plant      $3,750,000
                                        Elmendorf Air Force Base.  Corrosion Control Facility...      $5,975,000
California............................  Beale Air Force Base.....  Educational Center...........      $3,150,000
Florida...............................  Tyndall Air Force Base...  Base Supply Logistics Center.      $2,600,000
Mississippi...........................  Keesler Air Force Base...  Upgrade Student Dormitory....      $4,500,000
North Carolina........................  Pope Air Force Base......  Add To and Alter Dormitories.      $4,300,000
Virginia..............................  Langley Air Force Base...  Fire Station.................      $3,850,000
----------------------------------------------------------------------------------------------------------------


                          Army National Guard: Extension of 1994 Project Authorizations                         
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Alabama...............................  Birmingham...............  Aviation Support Facility....      $4,907,000
Arizona...............................  Marana...................  Organizational Maintenance                   
                                                                    Shop........................        $553,000
                                        Marana...................  Dormitory/Dining Facility....      $2,919,000
California............................  Fresno...................  Organizational Maintenance                   
                                                                    Shop Modification...........        $905,000
                                        Van Nuys.................  Armory Addition..............      $6,518,000
New Mexico............................  White Sands Missile Range  Organizational Maintenance                   
                                                                    Shop........................      $2,940,000
                                                                   Tactical Site................      $1,995,000
                                                                   MATES........................      $3,570,000
Pennsylvania..........................  Indiantown Gap...........  State Military Building......      $9,200,000
                                        Johnstown................  Armory Addition/Flight                       
                                                                    Facility....................      $5,004,000
                                        Johnstown................  Armory.......................      $3,000,000
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------


[[Page H4999]]



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

[[Page H5000]]

     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.
                      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.

                       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.

[[Page H5001]]



     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--

[[Page H5002]]

       (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.

[[Page H5003]]

       (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.''.

[[Page H5004]]

       (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

[[Page H5005]]

     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.

[[Page H5006]]

       (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.

       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 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.

     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,

[[Page H5007]]

     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

[[Page H5008]]

     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.

[[Page H5009]]

       (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.
    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.

[[Page H5010]]


          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.

[[Page H5011]]

       ``(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).

[[Page H5012]]

       ``(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.

[[Page H5013]]

       (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)''.

  The CHAIRMAN. No amendments to the committee amendment in the nature 
of a substitute are in order except amendments printed in House Report 
104-570 and amendments en bloc described in section 3 of House 
Resolution 430.
  Except as specified in section 4 of the resolution, the amendments 
shall be considered in the order printed, may be offered only by a 
Member designated in the report, shall be considered read and shall not 
be subject to a demand for a division of the question.
  Unless otherwise specified in the report, each amendment shall be 
debatable for 10 minutes, equally divided and controlled by the 
proponent and an opponent of the amendment, and shall not be subject to 
amendment, except that the chairman and ranking minority member of the 
Committee on National Security each may offer one pro forma amendment 
for the purpose of further debate on any pending amendment.
  By virtue of notice given pursuant to section 4(c) of the resolution, 
amendments A-1 and A-2 of part A of the report will be considered after 
other amendments in part A of the report have been disposed of. 
Consideration of those amendments shall begin with an additional period 
of general debate, confined to the subject of cooperative threat 
reduction with the states of the former Soviet Union. That period of 
debate shall not exceed 40 minutes, equally divided and controlled by 
the chairman and ranking minority member.
  It shall be in order at any time for the chairman of the Committee on 
National Security or a designee to offer amendments en bloc consisting 
of amendments printed in part B of the report or germane modifications 
of any such amendment.
  Amendments en bloc shall be considered as read, except that 
modifications shall be reported, shall be debatable for 20 minutes, 
equally divided and controlled by the chairman and ranking minority 
member, shall not be subject to amendment, and shall not be subject to 
a demand for a division of the question.
  The original proponent of an amendment included in amendments en bloc 
may insert a statement in the Congressional Record immediately before 
disposition of the amendments en bloc.
  The Chairman of the Committee of the Whole may postpone until a time 
during further consideration in the Committee of the Whole a request 
for a recorded vote on any amendment made in order by the resolution 
and may reduce to not less than 5 minutes the time for voting by 
electronic device on any postponed question that immediately follows 
another vote by electronic device without intervening business, 
provided that the time for voting by electronic device on the first in 
any series of questions shall not be less than 15 minutes.
  The Chairman of the Committee of the Whole may recognize for 
consideration of any amendment made in order by the resolution out of 
the order printed, but not sooner than 1 hour after the chairman of the 
Committee on National Security or a designee announces from the floor a 
request to that effect.
  Pursuant to section 4(c) of the resolution, it is now in order to 
consider amendment No. A-3 printed in Part A of House Report 104-570.


                Amendment No. A-3 Offered by Ms. DeLauro

  Ms. DeLAURO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Ms. DeLauro:
       At the end of title VII (page 298, after line 24), insert 
     the following new section:

     SEC.  . RESTORATION OF PRIOR POLICY REGARDING RESTRICTIONS ON 
                   USE OF DEPARTMENT OF DEFENSE MEDICAL 
                   FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking out ``(a) Restriction on Use of Funds.--''; 
     and
       (2) by striking out subsection (b).

  The CHAIRMAN. Pursuant to the rule, the gentlewoman from Connecticut 
[Ms. DeLauro] and a Member opposed, each will control 20 minutes.
  The Chair recognizes the gentlewoman from Connecticut [Ms. DeLauro].
  Ms. DeLAURO. Mr. Chairman, I yield myself 2 minutes.
  (Ms. DeLAURO asked and was given permission to revise and extend her 
remarks.)
  Ms. DeLAURO. Mr. Chairman, I offer this bipartisan amendment on 
behalf of myself, the gentleman from Massachusetts [Mr. Torkildsen], 
the gentlewoman from California [Ms. Harman], and the gentleman from 
Kentucky [Mr. Ward].
  Our amendment strikes language adopted in last year's defense bills 
that would prohibit privately funded abortions from being performed at 
overseas military hospitals. This amendment restores the right to 
choose for female military personnel and dependents and it ensures that 
they are not denied safe medical care simply because they are assigned 
to duties in another country.
  I want to emphasize several points about our amendment. First, it 
simply restores the previous policy that allowed women to use their own 
funds, let me repeat that, their own funds to pay for abortions in 
overseas military hospitals.
  Second, no medical providers will be forced to perform abortions. 
This amendment preserves the conscience clause that already exists in 
the military services.
  Third, this is not a new policy. Privately funded abortions were 
allowed at overseas military facilities from 1973 to 1988, including 
all but a few months of the Reagan administration, and from 1993 to 
1996.
  I am a strong supporter of our Nation's defenses, and deeply regret 
that efforts to advance an extreme social agenda have jeopardized 
funding for

[[Page H5014]]

important defense priorities. This amendment simply restores previous 
policy and assures that women who serve in the Armed Forces have access 
to safe medical care. I urge support for this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DORNAN. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentleman from California [Mr. Dornan] will control 
20 minutes.
  Mr. DORNAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, there were some statements prior to now, not by the 
gentlewoman from Connecticut [Ms. DeLauro] but prior to that, that said 
we should not be discussing abortion yet again on the House floor and 
that they did not want this in a defense bill.
  Mr. Chairman, it is public law. Clinton signed this type of 
legislation on last year's defense authorization. It went through 
several appropriations committees and several conferences and he signed 
it into law and did not even gripe about it. He was busy griping about 
other things.
  It undid one of his five, what the Pope has called, culture of death 
Executive orders on his first day in office after the inauguration--and 
then finding their desks the second day--on the 20th anniversary of the 
fraudulent Roe versus Wade decision based on a rape that never happened 
and an abortion that never happened, Clinton signed an Executive order 
allowing abortions in all military hospitals, overseas and domestic, 
and, yes, it was a Dornan amendment in last year's defense 
authorization that caused him with his own pen to undo his own order of 
death. It is a done deed.
  So here comes an amendment from the minority on the floor to discuss 
something they claim they do not want to discuss. Well, then, why are 
we doing it?
  Because there are three other social issues on the defense bill that 
this chairman of the Subcommittee on Personnel did put in the 
chairman's mark, going back to the George Washington through Reagan-
Bush policy that homosexuality is incompatible with military service. 
That is in there. No vote in full committee. No vote on the House 
floor.
  The HIV amendment with merciful honorable discharge and even more 
medical benefits is back again. This is something that America would 
want if they studied it. A vote where it was like 39 to 13 or 14 in 
committee. No vote on the House floor. The gentleman from Massachusetts 
[Mr. Torkildsen] announced today they will try and resolve that in star 
chamber, secret conference but this is not a continuing appropriations 
conference. This is going to be the type of authorization defense 
conference that it survived in three weekends of hand-to-hand sort of 
verbal combat over this.
  But the biggest of all, no homosexual in the military, and the 
amendment of the gentleman from Maryland [Mr. Bartlett] that they would 
not vote in full committee on no Hustler magazine on our PX's a 
facilitator to the tune of almost $20 billion of pushing this kind of 
pornography, no vote on the House floor on that. Again they think they 
are going to roll us in conference on this.
  So it comes down to one social issue debate, a 40-minute long debate 
on something that is already public law. They know they are going to 
lose. They are going to lose by something like in the 230's to 240's to 
190 something. Why will they suffer this loss? Because they think that 
it will widen the gender gap.
  But, Mr. Chairman, everybody who is advancing this, with the 
exception of the gentleman from Massachusetts [Mr. Torkildsen], voted 
for what the Vatican called a brutal act of aggression, infanticide, 
the so-called partial-birth execution-Mafia-style attack to the base of 
the baby's brain when it is 80 percent out of the mother's body, that 
which has been condemned by Rev. Billy Graham to Clinton's face on May 
1 of this year and then he alluded to it in his beautiful remarks of 
May 2 where he said, and I read from where I put it in the 
Congressional Record--and his full remarks will be in the Record 
today--on the occasion of his getting the Gold Congressional Medal, he 
says, ``We are a society poised on the brink of self-destruction.''
  Mr. Chairman, Mr. Torkildsen, everybody in this Chamber, Mr. Dellums, 
do you think the Pope was talking about minimum wage? Do you think 
Billy Graham is talking about minimum wage when he says we are poised 
on the brink of self-destruction? Is he talking about the B-2 bomber? 
Is he talking about a 4.3-cent tax on every gallon of gas? He is 
talking about the culture of death and the culture of degradation that 
we have imposed upon ourselves.
  Thirty-three people that put Catholic in their bios voted for a 
brutal act of aggression on this House floor. Not the gentleman from 
Massachusetts [Mr. Torkildsen]. Not any Catholic who has the honor to 
put it in his biography on this side of the aisle. This abortion issue 
is wrecking our society. It is a brutal act of aggression against 
living human life with an immortal soul and not a single military 
doctor, male or female, has written to this chairman, not once, but I 
have had doctors write to me that we are to defend life in the 
military, we are here to keep our peace and provide for the common 
defense of our country, not to snuff out life in mother's wombs. That 
should not be a part of our defense budget and it is not, thanks to my 
amendment passing all the way through a star chamber appropriations 
process and an authorization process last year.
  Mr. Chairman, I have more speakers than I can accommodate on our 
side. I will begin that line-up of speakers starting with Army doctors 
who are now serving on this side who watched this culture of death in 
the military and saw it happily ended finally at the end of the Reagan 
years and during the Bush years.
  Ms. DeLAURO. Mr. Chairman, I yield myself such time as I may consume.
  First of all let me just repeat, this simply restores previous policy 
allowing women to use their own funds. This was current law from 1973 
through 1988, a full 7 years under the Reagan administration. Despite 
what the chairman would like to talk about in terms of new policy, this 
would restore us to what was current policy before the chairman 
introduced this into a defense authorization bill. No medical providers 
are forced to perform abortions. There is a conscience clause that 
already exists in the military services. This is about denying female 
members of the military and their dependents what their constitutional 
rights are in the United States.
  If we were to follow what the chairman would like us to follow in 
doing, we would ask women who served in the military, who give of their 
time, their effort, their dedication to this Nation, to park their 
constitutional rights at the water's edge and go to foreign stations 
and perform their duty without safe and adequate health care and 
medical care.
  Mr. Chairman, I yield 2 minutes to the gentleman from Massachusetts 
[Mr. Torkildsen]. I am delighted to have his support on this issue.

                              {time}  1830

  Mr. TORKILDSEN. Mr. Chairman, I thank the gentlewoman for taking the 
initiative on this issue and for offering this amendment.
  I think the overall defense bill is basically a good bill. It 
includes things like $428 million more than President Clinton asked for 
for family housing. But there are some problems in the bill, as I 
mentioned earlier, and the provision that the woman's amendment seeks 
to address is one of them. We all understand, whether we agree or not, 
that safe and legal access to abortion is the law of the land. It is 
shameful that this Congress has denied thousands of servicewomen, 
spouses of servicemen, and dependents who serve overseas, the basic law 
of our country.
  The previous Department of Defense policy did not contribute any 
taxpayer funds for abortion services, and that is important. Also, as 
has been mentioned, any military personnel could refuse to perform or 
participate in this procedure.
  I am a supporter of the Hyde amendment and I agreed with that 
previous Department of Defense policy. This amendment before us will 
simply allow women to use their own funds, let me repeat that, to use 
their own funds if they personally choose to seek an abortion. It is 
nothing more and nothing less than that.
  Mr. Chairman, let us stop the policy that treats our women in uniform 
like

[[Page H5015]]

second class citizens. Let us support this amendment and return common 
sense in this one very personal area back to our defense policy.
  Mr. DORNAN. Mr. Chairman, I happily yield 1 minute to the gentleman 
from the beautiful State of Maryland, Mr. Roscoe Bartlett, a fellow 
grandfather of 10. He and I are in a dead heat here.
  (Mr. BARTLETT of Maryland asked and was given permission to revise 
and extend his remarks.)
  Mr. BARTLETT of Maryland. Mr. Chairman, I rise today in strong 
opposition to the amendment offered by my friend and fellow committee 
member, Ms. DeLauro. Last year, H.R. 1530, the defense authorization 
bill, returned us to the policy that stood during the Reagan-Bush years 
that prohibited abortions from being performed at military hospitals. 
Today's amendment would strike this section of existing law and restore 
the radical change to this policy by Bill Clinton when he became 
President.
  Mr. Chairman, it boggles my mind that we are even here today debating 
such an amendment. The purpose of our military is to save lives, not to 
take them. Most military doctors believe this so strongly it is next to 
impossible to find a military doctor who will perform an abortion. But 
to get around this policy, the pro-abortion forces are attempting to 
bring civilians into military facilities, who they will pay large sums 
of money, to perform abortions. Most members of the military medical 
corps are so outraged by this procedure that they do not feel 
comfortable being on the same base where abortions are being performed.
  Bill Clinton tried social experimentation with the military once 
before and lost. Let us not make a similar mistake. Let us save 
innocent life, not take it. Let us abort the DeLauro amendmenmt.
  Ms. DeLauro. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from Colorado [Mrs. Schroeder].
  Mrs. SCHROEDER. Mr. Chairman, I thank the gentlewoman for her 
leadership on this, and I must say here comes the Congress acting as 
the moral policeman for our military people. You know, our military 
people cannot have the Constitution like everybody else. Oh, no, no, 
no. They are going to get the Congress. The Congress is going to tell 
them what to read, what to do, how to behave, everything.
  But especially women. There is even in here they want to study women 
again. But if a woman is sent overseas and she is raped or if a woman 
is sent overseas and becomes seriously ill during her pregnancy, well, 
too bad. If she thinks she has a Constitution to protect her, no way. 
She has got the Congress saying she cannot even spend her own money in 
military installations overseas to deal with those kind of reproductive 
health programs. I think that is why there is a gender gap. This finger 
in your face to women constantly saying you may think you have rights, 
but none if you are in the military, we in the Congress are going to 
run your life 24 hours a day, that is what this amendment is about, 
treating them as second class citizens. And I think women are very 
tired of it.
  We hear about the medical profession. As the gentlewoman from 
Connecticut has said over and over and over again, there is a 
conscience clause. No military person is ever forced to do something if 
it is against their conscience. But for crying out loud, why do you 
force women to check their constitutional rights, to say we totally 
surrender what you in Congress say we are going to have, and become 
second class citizens just for joining the military? This is wrong. 
Vote for the amendment.
  Mr. DORNAN. Mr. Chairman, I yield myself 15 seconds.
  Mr. Chairman, out of respect for my worthy adversary, Mrs. Schroeder, 
she opened by saying here we go again preaching for morality to the 
military, or something like that. You mean like Tailhook, Pat, where I 
joined you on that? Like your name on a filthy sign at the Top Cat 
Follies at the beer mart where I joined you in defense of that? You bet 
we are discussing morality.
  Mr. Chairman, I yield 1 minute to the distinguished gentlewoman from 
Idaho [Mrs. Chenoweth].
  Mr. CHENOWETH. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I rise today to voice my emphatic opposition to the 
DeLauro amendment. This amendment would establish the practices of 
elective abortions in our military facilities overseas. Frankly, Mr. 
Chairman, I think it is a shame that we have to revisit this issue, 
since we have addressed it just this last February. In fact, the House 
has voted three times to prohibit abortions overseas in medical 
military facilities. Three times, Mr. Chairman. When it comes to this 
amendment's sponsors, what do you not understand, or what part of it do 
you not understand?
  Mr. Chairman, we should not drag our service men and women into the 
abortion battle. Our military heroes need places of caring, healing, 
and strengthening. They need hospitals, not abortion clinics.
  Ms. DeLAURO. Mr. Chairman, I yield myself 15 seconds.
  Mr. Chairman, the honorable women who serve in the military need safe 
medical care, and they take care of this without any taxpayer expense. 
They pay $361 to the Office of the Treasury before any procedure. What 
we need to be concerned about is the health and safety of American 
women when they serve overseas.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Massachusetts [Mr. Meehan].
  Mr. MEEHAN. Mr. Chairman, I rise to urge my colleagues to support the 
DeLauro amendment. When the 1996 Defense authorization bill became law, 
it banned privately funded abortion to U.S. military hospitals 
overseas, except in the case of rape or incest. The DeLauro amendment 
simply strikes this language.
  Mr. Chairman, I understand that many of my colleagues disagree that a 
woman has a right to choose. I also understand many of my colleagues 
believe that Government funds should not be used to pay for abortions. 
But, Mr. Chairman, this is not a debate about abortion, and not a 
debate about Government subsidizing abortion. This is a debate about 
the safety of our soldiers in our armed services and their dependents.
  The issue here is whether we are going to give a woman who is 
overseas, because we sent her there, her right to use a safe U.S. 
military medical facility. If a woman can freely use these facilities 
when she has the flu or appendicitis, why can she not go there for a 
legal procedure, particularly when she is using her own funds?
  Now, the reality is, many of our women are stationed in countries 
where these medical procedures may be prohibited or where adequate 
medical facilities are not available. If we deny a woman adequate 
medical care on base, we may force her to an unsafe facility.
  This ban does not make any sense. It makes a difficult decision even 
more difficult, and it needlessly risks the safety and health of women 
who are serving our country. I urge my colleagues to support the 
DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, I mentioned earlier we have former Army 
doctors serving with us on this side, and I yield 1 minute to the 
gentleman from Florida [Mr. Weldon], also an Army doctor.
  Mr. WELDON of Florida. Mr. Chairman, I thank the gentleman for 
yielding me time.
  Mr. Chairman, as was alluded to earlier, this is old ground we are 
going over today. This amendment has been defeated three times 
previously, and it is up again. I would urge all my colleagues to vote 
``no'' on the DeLauro amendment.
  I will say what I have said in the past. I am a former Army 
physician. I went into the military in 1981, and I can tell you that 
when I went in, we were very, very pleased with the Reagan 
administration policy banning abortions at military hospitals. The 
reason for that is because most doctors, even if they are pro-choice, 
most nurses, even if they are pro-choice, do not want to have anything 
to do with this procedure, because once you see it, you know exactly 
what it is. It is morally wrong to do it.
  People go into the military because they want to defend their 
country. They do not want to be involved with this business. I think it 
is really wrong to be dragging our military into this debate.

[[Page H5016]]


  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentleman from 
Kentucky [Mr. Ward], who is a cosponsor of the bill.
  Mr. WARD. Mr. Chairman, let me first in response to the gentleman's 
assertion that people do not want to have anything to do with this 
procedure remind the gentleman and remind the House that no one has to 
be involved in this procedure. We have drawn into the law the 
opportunity for people to opt out, for medical professionals not to be 
involved in this procedure if they choose not to.
  But I rise in support of our women in uniform serving overseas. This 
amendment allows women stationed overseas to obtain safe health care at 
military hospitals with their own money. If enacted, this amendment 
would reinstate Department of Defense policy that was in place from 
1973 until 1988, and was reinstated in 1993, and then banned in last 
year's authorization bill.
  Our military servicewomen and military dependents deserve protection 
from foreign back alleys by allowing safe, legal, and comprehensive 
reproductive services.
  Mr. DORNAN. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from New Jersey [Mr. Smith], one of our subcommittee chairmen.
  Mr. SMITH of New Jersey. Mr. Chairman, the recent debate on 
legislation to ban partial-birth abortion was America's wake-up call on 
the inherent violence of abortion. Somehow, the euphemisms and attempts 
to sanitize the killing of unborn kids did not work as well that time 
as it has in the past.
  Somehow, the seemingly benign, always self-assured pro-abortion 
lobby, including the folks at Planned Parenthood and NARAL, did not 
look so humane or caring as most in the Congress and a huge majority of 
American public reacted with shock, dismay and disgust when they 
learned that some abortionists were routinely delivering babies most of 
the way, only to stab the child in the back of the head with scissors 
and then suck the brains out of his or her head.
  Most of us recognize child abuse when we see it, which brings me to 
the DeLauro amendment. When President Clinton issued an Executive order 
on January 22, 1993, to turn DOD health care facilities into abortion 
mills, every military obstetrician, nurse, and anesthesiologist refused 
to comply. In other words, they refused to destroy unborn babies.
  That, Mr. Chairman, is moral courage. They, too, recognize child 
abuse when they see it, because the methods of abortion, the methods of 
extermination, are not really different from the violence used to kill 
a child in a partial-birth abortion.
  In a suction abortion, Mr. Speaker, the so-called doctor cuts and 
dismembers the unborn baby with a loop shaped knife connected to a high 
powered suction device which is between 20 to 30 times more powerful 
than a household vacuum cleaner. Both the D&C abortion method and a D&E 
abortion also relies on dismemberment of the child's fragile little 
body. Limb by limb of an unborn baby, the neck, the torso, are all cut 
and dismembered--it's shocking and its child abuse.
  In a saline abortion, a high concentration salt solution is injected 
into the baby's amniotic sack. The child breathes in that salt 
solution--the unborn child ``breathes'' amniotic fluid to develop his 
or her lungs--and the baby swallows it, and about 2 hours later the 
baby dies from the corrosive and toxic effects of the salt.
  That is a child abuse, I say to my friends. The DeLauro amendment 
would facilitate the killing of unborn babies by dismemberment and by 
chemical poisoning.
  I urge Members to vote down this misguided amendment, and keep the 
current law--the Dornan amendment--which allows abortions in military 
hospitals only in cases of rape, incest, or life of the mother.
  Ms. DeLAURO. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, first of all, once again, no personnel has to perform 
the procedure, because there is a conscience clause that exists. 
Understand that the Constitution of the United States of America allows 
women the right to an abortion. There is no reason why women who serve 
in the military have to leave their constitutional rights behind when 
they are sent overseas to serve this country, and they do it valiantly, 
and that they are not allowed to have the proper and adequate and safe 
health care.
  Mr. Chairman, I yield 1 minute to the gentlewoman from Texas [Ms. 
Jackson-Lee].

                              {time}  1845

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentlewoman from 
Connecticut and her cosponsors for the wisdom of this amendment.
  There is no way, Mr. Chairman, that we could resolve this in an 
emotionally charged debate, which my colleagues on the Republican side 
of the aisle are attempting to do. This is a fair and evenhanded 
amendment that simply restores the rights of our military women who are 
serving this country and dedicating their lives to our freedom, to 
secure a legal abortion. This is simply a plain and evenhanded manner 
in which to allow them to use their own funds to protect their bodies 
and to protect their health.
  It is crucial, Mr. Chairman, that we allow those who are in this 
particular condition to be treated fairly, and to likewise be treated 
as fairly as we would want those civilians who are not in the United 
States military.
  Mr. Chairman, I simply say to my colleagues who have decided to give 
us a very descriptive detailing of procedures that are not even 
included in this particular amendment, that they would do well to be 
fair to American military women. Give them the right of all women, the 
right to choose.
  Mr. Chairman, I rise in strong support of the DeLauro amendment. This 
amendment simply ensures that female military personnel and dependents 
stationed overseas can exercise the same constitutional right to choose 
that is available to all women in this country. In its present form the 
ban discriminates against women who have volunteered to serve their 
country by prohibiting them from exercising their legally protected 
right to choose simply because they are stationed overseas.
  This ban may also cause a woman stationed overseas who is facing an 
unintended pregnancy to be forced to delay the procedure for several 
weeks until she can travel to a location where safe, adequate care is 
available. For each week an abortion is delayed, the risks to the 
women's health increases.
  Furthermore, prohibiting women from using their own funds to obtain 
an abortion at overseas military facilities endangers their health. 
Women stationed overseas depend on their base hospitals for medical 
care, and are often situated in areas where local facilities are 
inadequate or unavailable. The current policy may force women facing 
pregnancy to seek out an illegal, unsafe abortion procedure.
  The DeLauro amendment does not in any way, shape or form provide any 
Federal funds to pay for abortions. It is the patient, not the Federal 
Government, that would pay for the needed procedure.
  Furthermore, this amendment will not force military doctors and 
health providers to perform abortions if it is in conflict with their 
beliefs.
  This is not a new policy, it was in effect most of the Reagan 
administration. Mr. Chairman, I urge my colleagues to do the right 
thing--vote for the DeLauro amendment and restore this reasonable and 
healthy policy.
  Mr DORNAN. Mr. Chairman, I yield 15 seconds to the gentleman from New 
Jersey [Mr. Smith].
  Mr. SMITH of New Jersey. Mr. Chairman, the D and C, the D and E, 
which are late-term dismemberment abortion methods, and the saline 
abortion method are routinely done in abortion mills in this country. 
There's nothing obscure about that, as suggested by the last speaker. 
If this language is approved, if the DeLauro amendment is approved, 
these methods of killing will begin in our military hospitals, turning 
them into abortion mills. That would be an outrage.
  Let's not facilitate abortion. Vote `no'' on the DeLauro amendment.
  Mr. DORNAN. God forbid it.
  Mr. Chairman, I yield 1 minute to the distinguished gentleman from 
Indiana, John Hostettler.
  (Mr. HOSTETTLER asked and was given permission to revise and extend 
his remarks.)
  Mr. HOSTETTLER. Mr. Chairman, I rise in strong opposition to this 
amendment.
  The Supreme Court has told us that we have to allow the killing of 
preborn children. It has not, however, told us that Government has an 
obligation to provide this service.
  This amendment would obligate the United States to make sure abortion

[[Page H5017]]

services and facilities are available at U.S. military bases.
  It is the obligation that I believe the House soundly rejected last 
year on so many occasions, and for good reason we should reject it 
again.
  For example, despite the assurances from the other side, I believe it 
is hard to argue there is no subsidy of abortion by U.S. taxpayers in 
this case.
  There is a subsidy, though it may be indirect, because everything in 
our military medical systems is taxpayer-funded--from the doctor's and 
nurse's education and availability, to the electricity powering the 
facility's equipment, to the very building itself.
  In addition, abortion remains a very divisive practice, and allowing 
abortions to be performed on military installations would bring that 
discord and dissension right onto our military bases, complete with 
pickets and the like.
  I think that the core principle at issue today--whether the 
Government is obligated to provide a right--is a serious issue with 
significant ramifications.
  Does the freedom of the press guaranteed by the first amendment 
obligate the Federal Government to provide every interested American 
with a printing press? I think not.
  Congress has the clear responsibility under the Constitution to 
provide for the rules and regulations of the military. We must not make 
it the policy of the United States to use its military facilities to 
destroy an innocent preborn life.
  I urge a ``no'' vote on this amendment.
  Ms. DeLauro. Mr. Chairman, I yield myself 15 seconds.
  Mr. Chairman, this was national policy between 1973 through 1988. 
There were no abortion mills. There was no picketing. This was what the 
law was in this country, and it resumed again in 1993 through 1996.
  This is not a new policy. It goes back to what was policy under the 
Reagan administration.
  Mr. Chairman, I yield 1 minute to the gentleman from California, [Mr. 
Farr].
  Mr. FARR of California. Mr. Chairman, I rise in the debate on the 
DeLauro amendment. I think this debate is really not about abortion. I 
think it is about our national security.
  National security assumes that you will have personal security. 
Existing law puts women in uniform at risk with their own health care. 
This amendment corrects that injustice which prohibits these same women 
in uniform from access to health care when they are in service abroad, 
even if they use their own money.
  Think about it. Women in uniform have pledged to uphold the 
Constitution of this country, which grants those women choice in these 
procedures. But because of existing misguided law, when they serve 
overseas it is taken away from them. We must not discriminate against 
women simply because they serve in the defense of our country.
  I urge support of the DeLauro-Harman-Ward amendment.
  Mr. DORNAN. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Kentucky [Mr. Lewis].
  Mr. LEWIS of Kentucky. Mr. Chairman, I rise to speak against the 
DeLauro amendment to the national defense authorization bill.
  One of President Clinton's first actions was an executive order that 
ended the Reagan-Bush ban on abortions in military hospitals overseas.
  As I said last year, so much for Mr. Clinton's promise to make 
abortion safe, legal and rare.
  Mr. Chairman, there are profound differences on this issue--in this 
country, and in this body. I believe abortion is the taking of an 
innocent life. Others feel differently.
  But who believes taxpayers should have to fund military operating 
facilities that deliver babies in one room and kill them in the next?
  Why should military doctors, who sacrifice many productive and 
lucrative years to serve their country, be put in this position?
  Proponents of this bill say doctors can decline to perform 
abortions--and I'm sure many will. But will that display of conscience 
hurt their careers? Perhaps.
  Our military doctors nurses, and corpsmen did not join the armed 
services to become abortionists.
  While our service men and women may have to take a life in the 
defense of our country--they should never have to take the life of an 
innocent baby.
  I urge my colleagues to vote ``no'' on the DeLauro amendment.
  Ms. DeLAURO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California [Ms. Harman], a sponsor of the bill.
  (Ms. HARMAN asked and was given permission to revise and extend her 
remarks.)
  Ms. HARMAN. Mr. Chairman, I commend my colleague and friend, the 
gentlewoman from Connecticut, [Ms. DeLauro] for her leadership on this 
issue and stand here once again in defense of a woman's right to 
choose.
  I have always been and continue to be a strong supporter of a strong 
national defense and I believe that, on balance, this bill contributes 
to achieving that goal.
  But I regret that in crafting it, the committee expended as much as 
half of its markup time and energies debating divisive social issues, 
access to abortions, the sale of adult publications and videotapes on 
military bases, and whether to discharge HIV-infected service 
personnel.
  I believe that the disproportionate amount of time debating these 
provisions distracted the committee from the central debate on how best 
to address, with the limited resources available, the serious defense 
needs our Nation faces as we approach the 21st century. I fear that the 
house is now embarked on a similar course.
  Mr. Chairman, women who volunteer to serve in our Armed Forces 
already give up many freedoms, forego privacy, and risk their lives to 
defend our country. They should not have to sacrifice their privacy, 
their careers, their health, and perhaps even their lives to a policy 
with no valid military purpose.
  Often times, local facilities are not equipped to handle a procedure 
or medical standards much worse than those in the United States. We are 
putting some of our own at risk. Even where safe abortions are 
available in the local economy, a servicewoman needs a leave from duty. 
The process of obtaining permission to seek nonmilitary medical care 
grossly violates normal boundaries of medical privacy. She must inform 
her immediate supervisor and others in the chain of command.
  A combination of military regulations and practical hurdles mean that 
a pregnant servicewoman who needs an abortion may face lengthy travel, 
serious delays, high expenses, substandard medical options, restricted 
information, compromised privacy, and career consequences.
  This constitutes an undue burden on the woman's right to choose. In 
Planned Parenthood versus Casey, judges used the term undue burden to 
analyze what kinds of Government restrictions on abortion improperly 
interfere with a woman's exercise of her right to choose. The judges 
defined undue burden as having the purpose or effect of placing a 
substantial obstacle in the path of a woman seeking an abortion. Casey, 
505 U.S. at 877. Barring medical military facilities from these 
procedures definitely places a substantial obstacle in the way of the 
servicewoman.
  To unnecessarily jeopardize readiness in potentially hostile overseas 
engagements in order to return a servicewoman to the United States, or 
to force a woman who chooses to bravely serve her country and defend 
American interests to carry an unintended pregnancy to term, is 
irrational if not cruel.
  This is bad policy--and likely unconstitutional law--and ought to be 
repealed.
  Support the DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, it is not provision, it is law, and I yield 
30 seconds to the gentleman from Florida, Mr. Cliff Stearns, who says 
he can get the truth done in half a minute.
  Mr. STEARNS. Mr. Chairman, I rise this evening in strong opposition 
to the DeLauro-Harman-Ward amendment.
  Let me pose this question for the citizens that are watching on 
television and let me pose this question to the people here in the 
Chamber. Do we want to be a facilitator for abortions at taxpayers' 
expense at our military hospitals? That is what the whole question is. 
Do we want to be facilitators or do we not?

[[Page H5018]]

  I think the question is that over there, they want to facilitate 
abortions at taxpayers' expense in military hospitals and the majority 
of people on this side do not agree. It is that simple.


                      announcement by the chairman

  The CHAIRMAN. The Chair would apprise the gentleman and other 
speakers that they are to address the Chair and not the television 
audience.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Georgia [Ms. McKinney].
  Ms. McKINNEY. Mr. Chairman, I thank the gentlewoman for yielding me 
this time.
  American women should not have to check their reproductive rights at 
the door once they enlist in the U.S. military. This amendment would 
simply allow U.S. servicewomen to spend their own money should they 
require an abortion.
  Thousands of our servicewomen are stationed in countries like Saudi 
Arabia where abortions are illegal. This leaves them no choice but to 
have their abortions performed at a U.S. military facility. Why should 
our servicewomen have their bodies governed by Saudi law and not 
American law?
  If men were the ones getting pregnant, Mr. Chairman, I am certain 
none of us would even be here right now. We need to pass the DeLauro 
amendment.
  Mr. DORNAN. Mr. Chairman, I yield 1 minute to the gentleman from 
Kansas, Mr. Todd Tiahrt, a valuable member of my subcommittee.
  Mr. TIAHRT. Mr. Chairman, I rise in opposition to the gentlewoman's 
amendment. The amendment requires the American people to subsidize 
facilities for the taking of life of the most helpless among us, the 
unborn child. Most of the American people do not want to go out of 
their way to ensure a preborn child is killed, let alone paying for the 
medical facility in which the abortion is committed.
  Our views often do not agree on this issue, but one thing the vast 
majority do agree on, and that is they do not want their tax dollars 
going to fund abortions. The Reagan and Bush administrations did not 
allow abortions in overseas hospitals, Congress has voted three times 
to prohibit it, once in the DOD appropriations bill and twice in the 
national security appropriations bill.
  I urge my colleagues to once again vote no on the DeLauro amendment.
  Ms. DeLAURO. Mr. Chairman, I yield myself 15 seconds.
  There is no taxpayer money involved in this. The women pay for the 
services themselves. This was law under 7 years of the Reagan 
administration. This is not new policy. It goes back to what was 
current policy in this country.
  Mr. Chairman, I yield 30 seconds to the gentlewoman from Oregon [Ms. 
Furse].
  Ms. FURSE. Mr. Chairman, we must not deny our servicewomen their 
legal rights when they leave the U.S. soil. The current ban on 
abortions in military hospitals makes military women second class 
citizens.
  Now, whether we like it or not, abortion is legal. Roe versus Wade is 
the law of the land, and all women have the right to access a safe 
abortion, and that includes military women.
  For the health and safety of our servicewomen, I urge support for the 
DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, how much time do we have remaining?
  The CHAIRMAN. The gentleman from California [Mr. Dornan] has 5 
minutes remaining, and the gentlewoman from Connecticut [Ms. Delauro] 
has 5\1/2\ minutes remaining.
  Mr. DORNAN. Mr. Chairman, I yield myself 1 minute to clear up a point 
here.
  Every person who has spoken today, except one, voted for Mafia 
execution-style assault to the base of the brain so-called partial 
birth infanticide. So I do not mind telling my colleagues what they are 
not telling them today, and that is that military hospitals are 
federally funded. Everything in there from the electricity to the 
equipment is taxpayer financed.
  And, Mr. Chairman, when Clinton ordered the military in 1993 to make 
abortions available, the Pentagon started looking into hiring civilian 
abortionists to perform the killing procedure, which means the Clinton 
administration, a pro abortion, on demand for any reason or no reason 
at all administration, actually planned on hiring new personnel at our 
taxpayer expense.
  Those are the facts, Jack, Mr. Chairman.
  Mr. Chairman, I yield 1 minute to my colleague, the gentleman from 
San Diego, CA, Mr. Duncan Hunter.

                              {time}  1900

  Mr. HUNTER. Mr. Chairman, I thank my friend for yielding me the time.
  Mr. Chairman, I think one of the most important points that has been 
made in this debate was the statement by Mr. Weldon, who was a military 
doctor, to the effect that having the abortions in military hospitals 
was demoralizing. It was demoralizing to the nurses. It was 
demoralizing to the doctors. And I would say even if we bring in 
outside doctors, introducing the specter of abortion in military 
hospitals is going to demoralize the military.
  Every great general has talked about the importance of military 
morale and being fair to soldiers, allowing them to have their own 
moral code and moral culture. If the gentlewoman says, and I heard her 
say that stopping abortion is not militarily relevant, I would simply 
answer to her that abortion itself is not militarily relevant. If we 
have abortions at the sacrifice of morale, then we have done an 
injustice to the fighting man. We have done an injustice to the 
military system.
  I hope that my colleagues would vote against this amendment.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California [Ms. Pelosi].
  Ms. PELOSI. Mr. Chairman, I rise in strong support of the DeLauro 
amendment and commend the gentlewoman from Connecticut [Ms. DeLauro] 
for her leadership and courage in bringing this amendment to the floor.
  I am pleased to join a long line of women Members of Congress for 
this amendment to strike the prohibition prohibiting the honorable 
women serving overseas from using their own funds, I repeat, their own 
funds to obtain full reproductive rights at military medical 
facilities, full reproductive services.
  Mr. Chairman, addressing the concern expressed by our colleague about 
the morale in the armed services, what about the morale of the women in 
the armed services? There was no lessening of morale from 1973 to 1988, 
when this very policy was in effect. There was no lessening of morale, 
lowering of morale from 1993 to 1996, when this same policy was in 
effect.
  Mr. Chairman, when a woman chooses to serve her country, she 
volunteers to risk her life for her country. Her bravery should not be 
met by a danger to her health and a violation of her constitutional 
rights.
  I urge our colleagues to support the DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, I yield myself 1 minute and 15 seconds.
  Mr. Chairman, I want to point out again that, if those on our side 
had failed last year to make this public law--I wish I had the line and 
verse where it is public law--and the Congress had not changed the 
leadership on November 8, 1994, and we are trying to ban partial birth 
execution style infanticide in military hospitals, the same players 
would be on the floor with the exception of one who has spoken so far 
making that case of brutal act of aggression, what Billy Graham said 
causes us to be poised on the brink of self-destruction, which he told 
Clinton in the Oval Office on May 1.
  Ms. PELOSI. Mr. Chairman, will the gentleman yield?
  Mr. DORNAN. I yield to the gentlewoman from California.
  Ms. PELOSI. Mr. Chairman, what is the gentleman suggesting? I believe 
in this body we all respect each other's opinions, and we all respect 
our rights to have differing opinions. Is the gentleman questioning the 
morality of Members of Congress?
  Mr. DORNAN. No, Mr. Chairman. What I am suggesting is that we crossed 
the Rubicon into infanticide, as Billy Graham suggests, Mother Teresa, 
the Pope, great bishops of the Protestant faith and every single 
Catholic bishop. We now have a new issue on this floor, Mafia style 
execution abortion of a living child.
  Mr. Chairman, I yield 30 second to the gentleman from New Jersey [Mr. 
Smith].
  Mr. SMITH of New Jersey. Mr. Chairman, just to respond briefly to my

[[Page H5019]]

friend, the gentlelady from California. Ms. Pelosi's argument is that 
pro-lifers who assert that abortion is morally wrong are trying to set 
themselves up as being morally superior. Her argument has surface 
appeal, and is a very nice ploy and distraction, but it does not carry 
any weight and misses the mark completely.
  I believe that our position, not me personally but our position, in 
favor of defending innocent lives from dismemberment, chemical 
poisoning and other brutal, violent methods employed by the 
abortionists is right and moral and I make absolutely no apologies for 
that.
  I judge no one. I look at the deed--killing babies--and make 
judgments about the deed and whether this Congress should facilitate 
this unethical deed.
  Ms. PELOSI. Is the gentleman questioning the morality of those who 
disagree with him?
  Mr. SMITH of New Jersey. On this issue, I question the morality of 
your position to facilitate the killing of unborn babies.
  Ms. DeLAURO. Mr. Chairman, I yield I minute to the gentlewoman from 
Maryland [Mrs. Morella].
  Mrs. MORELLA. Mr. Chairman, I rise in strong support of the DeLauro 
amendment, which would restore the guarantee that women serving in our 
Armed Forces can exercise their full range of constitutionally 
protected rights.
  This amendment is not about using U.S. taxpayers dollars to finance 
abortion. Rather, it is an effort to assure that servicewomen based in 
countries that do not allow abortion will be able to access the medical 
facilities which we provide for them to attend to their own medical 
needs as they see fit. Even if women are serving in developing 
countries where abortion is legal, they are not likely to find the same 
high standards of cleanliness, safety, and medical expertise available 
at a U.S. facility.
  The DeLauro amendment would simply allow servicewomen to obtain the 
same range of health services at those facilities that they can now 
obtain at home. This is not a complicated issue. The amendment would 
assure that women of our Armed Forces that they need not sacrifice 
their constitutional rights in order to serve their country. It would 
also assure our military men that their spouses would retain their full 
rights.
  I urge members to support the DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, both before and after the dreaded and horrific Dred 
Scott decision, it was constitutional law in this country to steal 
people's whole lives and keep them in chains. It was called slavery. In 
Nazi Germany, it was legal to slaughter men, women, and children 
according to their religious heritage.
  There are things that are legal in this country that are tearing us 
apart and bringing us, to quote Dr. Graham again, to the brink of self-
destruction.
  Mr. Chairman, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
New York [Mrs. Maloney].
  Mrs. MALONEY. Mr. Chairman, I thank the gentlewoman for yielding me 
the time, and I rise in strong support of the DeLauro amendment.
  Mr. Chairman, what we have before us today is yet another attempt to 
repeal choice, procedure by procedure. The new Republican majority has 
passed 17 separate antichoice pieces of legislation, chipping away at a 
woman's right to choose. Today the radical right wants to deny U.S. 
servicewomen serving overseas the same freedoms they enjoy in the 
United States: The freedom to pay out of their own pockets to have an 
abortion. In other words, American servicewomen are overseas protecting 
our freedom while Congress is busy at home repealing their freedom and 
constitutional right to have choice.
  Enough is enough. Support the DeLauro amendment.
  Mr. DORNAN. Mr. Chairman, I yield myself such time as I may consume.
  My staff has helped me, for those who follow these proceedings, Mr. 
Chairman, tell the world and the whole country, sea to shining sea, it 
is number 10 U.S. Code, 1093B. That is Public Law 104-106. It is law.
  If I am an extremist, so are most of the bishops in this country, all 
the Catholic bishops, Mother Teresa, the Pope, and Billy Graham.
  Why did everybody on that side of the aisle who maintains this is 
extremism vote the gold Congressional Medal to Billy Graham, who says 
this issue is one of many that brings us to the edge of self-
destruction?
  Mr. Chairman, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California [Ms. Waters].
  Ms. WATERS. Mr. Chairman, today I rise in support of the DeLauro-
Harman amendment and all women who want to exercise their 
constitutional right to choose. American women are simply sick and 
tired of men who want to control our bodies, including the Catholic 
bishops. Our military women are not second-class citizens who can be 
denied the right to pay for their own abortions.
  Mr. Chairman, these women serve our country. It is hypocritical to 
ask them to defend our Nation but restrict their rights while they are 
doing it. A military woman may find herself in a position of having no 
other medical facility available except our own military hospital. If 
she is willing to pay for abortion services, they certainly should be 
made available. I know of no medical services that are denied to men. 
Support the DeLauro amendment. Servicewomen stationed overseas must 
have the same access to abortion services as do women in the United 
States.
  The CHAIRMAN. The gentleman from California, [Mr. Dornan] has 15 
seconds remaining and has the right to close, and the gentlewoman from 
Connecticut [Ms. DeLauro] has 1\1/2\ minutes remaining.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minutes to the gentlewoman from 
New York [Mrs. Lowey].
  Mrs. LOWEY. Mr. Chairman, I rise in strong support of the DeLauro-
Torkildsen-Ward-Harman amendment. This amendment does not impact or 
require the use of State funds. What this amendment does is put the 
health of our military women at risk.
  Many of these women are stationed in countries where there is no 
access to safe and legal abortions outside of the military hospitals. A 
woman forced to seek an abortion at local facilities or forced to wait 
to travel to acquire safe abortion services faces tremendous health 
risks. It is unimaginable to me and to the American people that we 
would reward American servicewomen who have volunteered to serve this 
Nation by violating their constitutional right to a safe abortion.
  Mr. Chairman, I urge Members to support the DeLauro amendment.
  Ms. DeLAURO. Mr. Chairman, I yield 30 seconds to the gentlewoman from 
California [Ms. Millender-McDonald].
  Ms. MILLENDER-McDONALD. Mr. Chairman, I rise in strong support of the 
DeLauro-Harman amendment. I am proud of the women who serve as members 
of our Nation's military service. Enough is enough. Women in service 
who do a job for our Nation should be given the opportunity to receive 
the same legal, medical services as women at home.
  Mr. Chairman, I urge my colleagues to support the DeLauro-Harman 
amendment.
  The CHAIRMAN. The gentleman from California [Mr. Dornan] has 15 
seconds remaining for the purpose of closing the debate.
  Mr. DORNAN. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, just in one service, almost 1,300 women became pregnant 
during Desert Storm or Desert Shield. They were all sent home to either 
give birth or kill the fetus inside of them. There was no problem 
there, no one was put at medical risk.
  I urge my colleagues to once again join me in opposition to taxpayer-
financed, funded abortions.
  Mr. DELLUMS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in support of the DeLauro amendment. At the 
outset, let me read what I perceive to be an important legal 
memorandum: Government regulation of abortion may not constitute an 
undue burden on the right to choose abortion. The joint opinion in 
Planned Parenthood versus Casey, adjudicated in 1992, defines an undue 
burden as having the purpose or effect of placing a substantial 
obstacle in the path of a woman seeking an abortion. For a law to pass 
muster, it

[[Page H5020]]

must have a valid purpose, one not designed to strike at the right 
itself. It also must not impose a serious barrier to access.
  Mr. Chairman, closing military medical facilities to abortion clearly 
places a substantial obstacle in the path of a servicewoman who needs 
this procedure. A combination of military regulations and practical 
hurdles means that a pregnant servicewoman who needs an abortion may 
now face lengthy travel, serious delays, high expenses, substandard 
medical options, restricted information, compromised privacy, career 
consequences, and an almost complete absence of free choice throughout 
her decisionmaking process.
  Given these circumstances, the facilities ban unconstitutionally 
burdens the right to choose of American servicewomen.
  What I believe this says, Mr. Chairman, beyond the obvious 
constitutional implications, is that, while the matter that triggers 
this debate is one of abortion, it is this gentleman's opinion that 
this is not about abortion. This is an issue of simple fairness.
  Mr. Chairman, as I said last year, we applaud women who go into 
service. We applaud their patriotism. We applaud their courage. We 
applaud their service to this country.

                              {time}  1915

  But when it comes down to their rights and prerogatives, they then 
become second class citizens.
  I think there is something contradictory and hypocritical, 
unconstitutional and unfair about that. This is an issue of fairness, 
not about abortions; make no mistake about that. Members have many 
platforms to debate and to discuss this issue. But the few times we 
come here to discuss the matter of fairness, we ought to discuss the 
matter of fairness.
  I hope my colleagues will vote in favor of the DeLauro amendment on 
the basis of fairness and the basis of integrity and applaud the 
servicewomen who serve this country with great brilliance and great 
courage.
  Mr. Chairman, I yield the balance of my time to the distinguished 
gentlewoman from Connecticut [Ms. DeLauro].
  Ms. DeLAURO. Mr. Chairman, I thank the ranking member of the 
Committee on National Security for yielding. Let me just say to my 
colleagues in closing that I want to emphasize that this amendment is 
not about public funding, nor is it about special treatment. As the 
ranking member has said, this is a matter of simple fairness. It is 
about preserving the right to choose and save health care for American 
military women, women who are far from home, far from their families 
and who sacrifice, sacrifice their lives every single day, for the 
United States of America. They are protected under the Constitution of 
the United States, and if they were to serve their time in this country 
the right to choose would be protected.
  We have said to them, ``We will send you overseas. Fight for the 
United States, for its freedom and its democracy,'' and yet we would 
take that freedom and democracy away from them. We ask them to leave 
their constitutional rights at the border. It is wrong. It is about 
upholding the Constitution, and it is letting military women and their 
dependents maintain those rights. It is about fairness for military 
women.
  I urge the support of this amendment, and I would just say to my 
colleagues this is antiwomen. Make no mistake about what is being done 
here. We have an obligation and we have a commitment to those who serve 
on our behalf, men and women. Do not deny women in this country their 
constitutional rights because they want to serve and they willingly 
serve on our behalf.
  This is at their own expense. There is a conscience clause. No 
doctor, no nurse has to provide this kind of a service. The women pay 
for it themselves. We have made sure that not a dime of taxpayers' 
money is being spent on their behalf. They make their checks out to the 
U.S. Treasury.
  Let us protect women's rights, let us make sure they have safe and 
healthy health care when they are abroad.
  Mr. SPENCE. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I yield to the gentleman from California [Mr. Dornan].
  Mr. DORNAN. Mr. Chairman, I have the vote on the DeLauro amendment 
last year when she was beaten 230 to 196, and this amendment became, my 
amendment became, public law to protect human life. The vote was 230 to 
196. We know it is not going to change much. I know we are engaging in 
Presidential politics here, trying to widen the gender gap. But I think 
that if people will listen to a repeat of my former remarks that I ask 
unanimous consent to insert in the Record at this point, which answers 
all of the taxpayer funding provisions, all of the safety provisions 
for women getting military air transport to come home and do what they 
will, it solves all of those problems.
  Mr. SPENCE. Mr. Chairman, I yield to the gentleman from Oklahoma [Mr. 
Coburn].
  Mr. COBURN. Mr. Chairman, I would like to make one point.
  I have talked to hundreds of military doctors, and the fact is they 
do not care to perform abortions, they do not want to perform 
abortions. This is the practice today, that we do not do this in 
military hospitals. Military physicians do not wish to perform this 
procedure, and so it should be stopped there. People who perform 
abortions in this country do it because they so want to, and physicians 
as a group, the military physicians, have chosen not to perform this 
procedure.
  Mr. SPENCE. Mr. Chairman, I yield to the gentleman from California 
[Mr. Dornan].
  Mr. DORNAN. Mr. Chairman, I will not use all of my 2 minutes. I would 
like to yield again to one of the many Republican women from the 
freshman class on this side to make a very brief point. But first I 
want to read in slight detail Dr. Billy Graham's words in the rotunda 
when by a unanimous vote he got the Gold Medal of Freedom from 
Congress. He says:

       Tensions threaten to rip apart our cities and 
     neighborhoods. Crime and violence is of epidemic proportions 
     in most of our cities among the young. Children take weapons 
     to school. Broken families, poverty, drugs, teenage 
     pregnancy, corruption; the list is almost endless.

  Would the first recipients of the congressional award and he referred 
to George Washington in his opening, even recognize our society that 
they sacrificed to establish? Doctor Graham says:

       I fear not. We have confused liberty with license, and we 
     are paying the awful price. We are a society poised on the 
     brink of self destruction.

  The culture of death involving abortion, Mr. chairman, is why this 
country is unraveling.
  Mr. SPENCE. How much time do I have remaining, Mr. Chairman?
  Mr. CHAIRMAN. The gentleman from South Carolina has 1\1/2\ minutes 
remaining.
  Mr. SPENCE. Mr. Chairman, I yield the balance of our time to the 
gentlewoman from Idaho [Mrs. Chenoweth].
  Mrs. CHENOWETH. Mr. chairman, I thank the gentleman for yielding.
  In response to a comment made by the gentlewoman from Connecticut 
[Ms. DeLauro], I just wanted to say that this issue is not an issue 
that is antiwoman. I am a freshman woman, and I want the Record to show 
that this is not an antiwoman issue. This issue is plain and simple. 
This is an issue that asks the question do we want Federal taxpayers' 
money paying for abortions in military hospitals overseas?
  Mr. NADLER. Mr. Chairman, I rise in support of the amendment offered 
by the gentlewoman from Connecticut and ask unanimous consent to revise 
and extend my remarks.
  Mr. Chairman, this amendment poses a question of single justice and 
decency for the members of this House: should the women in our armed 
forces, who willing place their lives on the line to defend our freedom 
be entitled to the same rights as everyone else?
  These women are not asking for any special privileges, or for 
publicly funded abortions. All they seek is the right to use their own 
personal money, and receive medical services which are the 
constitutionally protected right of every American woman.
  Now I know that this is an election year.
  I know that some of our colleagues need to do a little grandstanding 
for the extremist right.
  I know that American service women are not a potent voting or 
fundraising bloc.
  But for all the loud rhetoric we hear from the self-styled patriots 
day after day on this floor, you would think a little respect, and a 
little decency, might creep into their actions.
  Honor our women in uniform with more than just rhetoric. Leave 
politics at the door just this once. Support the DeLauro amendment.

[[Page H5021]]


  Ms. WOOLSEY. Mr. Chairman, I would like to remind this Congress that 
the Constitution applies to all Americans, including women in the Armed 
Forces.
  But, current law prohibits women in the armed services from paying 
for abortions in military hospitals. This is an assault on the spirit 
of Roe. Plain and simple.
  Roe versus Wade is the law of the land. In spite of that, military 
policy states that if you are a woman, and you need an abortion, but 
happen to serve our country in the military overseas--tough luck.
  To all my colleagues, regardless of your position on choice, ask 
yourself a question. What would you want for your daughter, or your 
sister, or your wife? If she were stationed overseas, wouldn't you want 
her to go to the hospital of her choice? Wouldn't you want her to go to 
an American military hospital?
   Vote yes on the DeLauro amendment, and cast a vote for women in the 
military.
  Mrs. COLLINS of Illinois. Mr. Chairman, I rise in support of the 
DeLauro, Torkildsen, Harman, and Ward amendment to the Defense 
Department authorization fiscal year 1997 that would reinstate the 
rights of American citizens to make decisions about their personal and 
reproductive health when they are overseas and to otherwise receive 
their medical care at a U.S. military medical facility.
  This amendment will correct a provision inserted in the Defense 
Department authorization fiscal year 1996 by the radically conservative 
Republicans that prohibited U.S. military facilities overseas from 
performing certain medical procedures for servicewomen or a female 
military dependent. Even if these U.S. citizens would pay for the 
procedure out of their own pocket, military doctors were prevented from 
assisting these women in receiving the same medical care and attention 
that they would be entitled to by law if they were in the United 
States.
  This amendment will only permit the use of private funds by the U.S. 
citizen in exercising her rights to determine her own health choices. 
All costs to the Federal Government for use of the facilities will be 
compensated. No medical provider will be forced to perform abortions. 
This amendment restores previous DOD policy. This amendment protects 
military servicewomen and military dependents from foreign back alleys 
by allowing safe, legal, and comprehensive health services to be 
provided by U.S. medical personnel in U.S. facilities.
  This is a bipartisan amendment to protect U.S. citizens overseas. I 
urge my colleagues to support the DeLauro amendment.
  Ms. BROWN of Florida. Mr. Chairman, as a member of the House 
Veterans' Affairs Committee, I am constantly appalled by the 
discrimination that women veterans experience. This issue is just 
another example of how women are treated differently than men. There is 
never a discussion of cost for health care for men, but only for women. 
When it's women we're talking about we get all kinds of attention and 
charts, and so forth.
  The military is not the appropriate place for this Congress to play 
moral policeman. Let's leave these women alone. Let's, instead, focus 
the debate on military readiness--and the best way to prepare the 
military to protect and defend our Nation.
  Let's put fairness back in the system. Let's treat men and women the 
same. I urge my colleagues to support the DeLauro amendment.
  This bill contains a provision to continue the practice of 
restricting a woman's access to a safe abortion while she is stationed 
at an overseas military facility. I believe that this is wrong.
  In 1993, President Clinton signed an Executive order declaring that a 
woman who was stationed overseas could obtain an abortion if she paid 
for it privately. With the recently enacted fiscal year 1996 Defense 
bill, this Congress overturned the President's Executive order. This 
bill continues the same wrong-headed rule. Congresswoman DeLauro will 
offer an amendment to overturn this provision, so that the law reflects 
the President's Executive order.
  The military is not the appropriate place for this Congress to play 
moral policeman. Let's leave these women alone. Let's, instead, focus 
the debate on military readiness--and the best way to prepare the 
military to protect and defend our Nation.
  The potential danger in requiring a long wait for a woman to return 
to the United States to receive medical care may adversely affect our 
readiness. If a woman wants to use private funds to pay for an 
abortion, it is our responsibility to ensure that she can get a safe 
one at a military facility.
  The bottom line is very clear: Prohibiting a woman from obtaining an 
abortion if she is stationed overseas will not improve military 
readiness.
  I support women having the ability to exercise their constitutional 
right to have an abortion while serving in the military overseas. 
Especially if she is willing to use her own private money. It is the 
right thing to do. It was the Clinton administration policy. It was the 
Reagan administration policy. It made sense then. It makes sense now. I 
urge my colleagues to support the DeLauro amendment.
  Mr. EMERSON. Mr. Chairman, I rise today in opposition to the DeLauro 
amendment.
  It is my hope that today with the support of my colleagues we will 
continue to show our support for the Reagan-Bush policy, reinstated 
last year, prohibiting the performance of abortions at overseas U.S. 
military medical facilities, except when the life of the mother is in 
danger. I strongly oppose spending my fellow citizens tax dollars on 
abortions in the United States and cannot see sending their money to 
military medical facilities across the world that perform abortions.
  Ms. DeLauro claims no Federal money is involved because the abortion 
procedure is paid for by the woman. She must realize, however, that the 
military hospitals that perform abortions are federally funded and 
procedures at these facilities are subsidized by the U.S. Government 
with our tax dollars. I strongly oppose the DeLauro amendment and urge 
my colleagues to do the same.
  Over the past few years military doctors stationed at these overseas 
facilities have been forced to perform abortions no matter what their 
personal beliefs may be. No one should be coerced into doing something 
as unethical and immoral as taking the life of an unborn child, 
especially a military doctor whose purpose and duty is to preserve 
life. I do not believe U.S. taxpayers should be coerced into 
subsidizing abortions both in this country or in its military medical 
facilities overseas. I urge my colleagues to support the Dornan 
amendment, and oppose the DeLauro substitute.
  Mr. SPENCE. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Connecticut [Ms. DeLauro].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Ms. DeLauro. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 192, 
noes 225, not voting 16, as follows:

                             [Roll No. 167]

                               AYES--192

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baldacci
     Barrett (WI)
     Bass
     Becerra
     Beilenson
     Bentsen
     Berman
     Bishop
     Boehlert
     Bonior
     Bono
     Boucher
     Brewster
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Campbell
     Cardin
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Coyne
     Cramer
     Cummings
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Dunn
     Durbin
     Edwards
     Ehrlich
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Foley
     Ford
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Gutierrez
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Horn
     Houghton
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Klug
     Kolbe
     Lantos
     Leach
     Levin
     Lewis (GA)
     Lofgren
     Longley
     Lowey
     Luther
     Maloney
     Markey
     Martinez
     Martini
     Matsui
     McCarthy
     McDermott
     McHale
     McInnis
     McKinney
     Meehan
     Meek
     Menendez
     Meyers
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moran
     Morella
     Nadler
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pickett
     Pomeroy
     Porter
     Ramstad
     Rangel
     Reed
     Richardson
     Rivers
     Rose
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schiff
     Schroeder
     Schumer
     Scott
     Shays
     Sisisky
     Skaggs
     Slaughter
     Spratt
     Stark
     Stokes
     Studds
     Tanner
     Thomas
     Thompson
     Thurman
     Torkildsen
     Torres
     Torricelli
     Traficant
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     White
     Williams
     Wilson
     Wise
     Woolsey
     Wynn
     Yates
     Zeliff

                               NOES--225

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehner
     Bonilla
     Borski
     Browder
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp

[[Page H5022]]


     Canady
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Costello
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fields (TX)
     Flanagan
     Forbes
     Fox
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gillmor
     Goodlatte
     Goodling
     Goss
     Graham
     Greene (UT)
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson, Sam
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klink
     Knollenberg
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lucas
     Manton
     Manzullo
     Mascara
     McCollum
     McCrery
     McDade
     McHugh
     McIntosh
     McKeon
     McNulty
     Metcalf
     Mica
     Moakley
     Montgomery
     Moorhead
     Murtha
     Myers
     Myrick
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Peterson (MN)
     Petri
     Pombo
     Portman
     Poshard
     Quillen
     Quinn
     Radanovich
     Rahall
     Regula
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Seastrand
     Sensenbrenner
     Shadegg
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Stupak
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thornberry
     Tiahrt
     Upton
     Volkmer
     Vucanovich
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     de la Garza
     Hayes
     Holden
     Laughlin
     Lincoln
     Molinari
     Mollohan
     Oberstar
     Paxon
     Pryce
     Riggs
     Serrano
     Shaw
     Thornton
     Towns
     Zimmer

                              {time}  1943

  The Clerk announced the following pairs:
  On this vote:

       Ms. Pryce for, with Mr. Riggs against.
       Mr. Serrano for, with Mr. Paxon against.

  Mr. ENSIGN and Mr. ORTIZ changed their vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

                              {time}  1945

  The CHAIRMAN. It is now in order to consider amendment No. 4 printed 
in part A of House Report 104-570.
  Does the gentleman from Massachusetts [Mr. Torkildsen] wish to offer 
amendment No. 4?
  If not, it is now in order to consider amendment No. 5 printed in 
part A of the report.
  Does the gentleman from New Jersey [Mr. Saxton] wish to offer 
amendment No. 5?
  If not, it is now in order to consider amendment No. 6 printed in 
part A of the report.


                 Amendment No. A-6 Offered by Mr. Shays

  Mr. SHAYS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Shays:
       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC.  . 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 Untied 
     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 dedicated 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 nonpersonal 
     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);

[[Page H5023]]

       (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.

  The CHAIRMAN. Pursuant to the rule, the gentleman from Connecticut 
[Mr. Shays] and a Member opposed will each control 15 minutes.
  The Chair recognizes the gentleman from Connecticut [Mr. Shays].
  Mr. SHAYS. Mr. Chairman, I yield half my time to the gentleman from 
Massachusetts [Mr. Frank] and ask unanimous consent that he be 
permitted to control that time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Connecticut?
  There was no objection.
  Mr. SHAYS. Mr. Chairman, I yield myself such time as I may consume to 
briefly describe this amendment.
  Mr. Chairman, I offer this amendment on behalf of a number of 
colleagues on both sides of the aisle. This is an amendment designed to 
encourage the administration to ask our allies in Europe to pay more of 
the nonsalaried costs of our troops in Europe. Presently we have 
116,000 troops in Europe. The nonpersonnel cost is $8.3 billion. Our 
allies contribute about $2 billion in in-kind and cash, but their cash 
contribution is $46 million. In contrast, we have 45,000 troops in 
Japan. The total nonpersonnel cost is $5.8 billion. The contribution of 
the Japanese is $4.6 billion.
  In Europe our allies contribute $2 billion to an $8 billion cost. In 
Japan our allies contribute $4.6 billion out of a $5.8 billion cost. In 
cash contributions to the United States from Japan, we receive $3.8 
billion. Our European allies contribute $46 million in cash 
contribution.
  An amendment similar to this passed the House last year, 273-156. The 
year before it passed 268-144. It has clear support in the House but 
has not passed the Senate and has not been in a conference report.
  This is an attempt to take the considerations of our colleagues in 
the Senate and have an amendment we think that they also can support. 
It would not reduce the number of troops in Europe but would enable the 
President to allow for four different types of assistance on the part 
of the Europeans, that they contribute more, and more to the indirect 
costs of our troops in Europe, that if they cannot do that, increase 
their own defense spending or their own foreign aid assistance or their 
own military contributions to other countries but bear a bigger burden 
of sharing the cost of defending the free world, and it gives the 
President four basic options. One is to reduce the level of troops but 
not require a reduction in the number of troops.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentlemen from South Carolina [Mr. Spence] will 
control 15 minutes.
  Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
  (Mr. SPENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. SPENCE. Mr. Chairman, I rise in reluctant opposition to the 
amendment offered by my colleagues. I commend them for their efforts to 
address many of the concerns that have been voiced over previous 
formulations on this issue, and for coming forward for what is clearly 
a better provision than those offered in the past.
  But, however well intentioned, these provisions still suffer from the 
basic problems of previous amendments. This amendment is still based on 
a fundamental misunderstanding of America's alliances and their 
purpose, which is to advance our own security interests. Also, the 
amendment reflects a skewed perspective on the relative value between 
humanitarian, peacekeeping, and foreign assistance contributions and 
military coalition efforts. Finally, it still resorts to the use of 
legislated statistical formulas as the principal measure of the worth 
and value of our security alliances.
  Mr. Chairman, I find it ironic that many of my colleagues who have 
the highest hopes for peace in this turbulent, post-cold-war world 
would work to weaken some of the key instruments that have brought us 
this peace and are the best hope for preserving it in the future.
  Alliances are, by their very nature, fragile. Napoleon said that he 
always preferred to fight against coalitions, observing that the often 
contradictory policies of his enemies worked to devalue whatever 
combined military forces they could mount against him. Yet, despite the 
inherent weaknesses of alliances, the United States was able to 
maintain a durable global coalition for five long decades of cold war. 
If we are to maintain the health of these instruments of peace and 
American security in these uncertain times, we must not try to fashion 
our alliances into things they were not designed to be.
  Let me elaborate on these three objections I have just raised. First, 
the purpose of our alliances must be to further American national 
security interests and those of our partners. While the rhetoric in 
this debate may lead one to believe that we have a presence in Europe 
solely to benefit our NATO Allies, the fact remains that we maintain a 
sizable forward deployed force in Europe principally to serve 
legitimate and important American security interests.
  Second, this amendment places too much value on the activities that 
are secondary to principal security concerns, like peacekeeping and 
humanitarian operations. Under the formula advanced in the amendment, a 
staunch ally such as Great Britain, whose troops regularly fight 
alongside American troops, might be exposed to burdensharing penalties 
while other nations, content to participate in U.N. operations, might 
be exempt.
  This leads me to the third objection. A true measure of an ally's 
worth is difficult to quantify, especially when measured simply in 
dollars. Consider the case of the Saudis, who have run considerable 
domestic political risk to allow American troops to be stationed and 
operate on their soil. If the Saudis cut back on their substantial 
financial contribution to this effort, would we truly want to withdraw 
from that region? We simply cannot take an accountant's approach to 
security strategy and expect to continue to emphasize American 
leadership around the world.
  Mr. Chairman, let me again commend the sponsors of this amendment for 
their continuing efforts on this issue, but despite these efforts I 
must still urge a ``no'' vote.
  Mr. Chairman, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, I am very pleased to be 
able to yield 3 minutes to the gentleman

[[Page H5024]]

from Missouri [Mr. Gephardt], the democratic leader and a man who had a 
lot to do with drafting this amendment.
  Mr. GEPHARDT. Mr. Chairman, I urge a large bipartisan vote for this 
amendment. We have had burdensharing amendments in the past and I am 
afraid they have not gotten the result that all of us want. The 
progress that we have made in this area has been not enough in my view. 
This is a new amendment that we have worked on in a bipartisan way. It 
broadens the traditional approach that we have taken to burdensharing. 
We are asking our allies not merely to pay more but to do more, to play 
an active role in their own defense and in their region's affairs.
  This bill is intended to increase burdensharing in four critical 
areas: financial support, defense spending, participation in 
multinational military operations, and foreign aid. We believe it gives 
the President the leverage he needs to achieve that goal, and it gives 
the Congress the information it needs to take action unilaterally if 
our allies do not rise to the challenge.
  I believe this amendment is a much better approach than the one that 
we have used in the past. We will not simply reduce over presence 
overseas if our allies do not do more, because in some cases that hurts 
us more than it hurts them. Instead, we will provide the incentives to 
make it in our allies' clear interests to play a greater role, as they 
should. If that fails, we can take serious unilateral action. And, 
believe me, we should do that if we do not get the result that we have 
been asking for.
  The new world order demands a new world partnership. And at a time of 
smaller governments here at home, it makes sense to share our burdens 
all around the world.
  I urge every Member, Democrat and Republican, to vote for this 
amendment to make clear that America can lead the world without always 
paying all of the bill, and to ensure that just as all nations share 
the blessings of peace and security, we should all bear the burdens as 
well.
  I urge every Member to vote for this amendment to send a signal to 
our administration that we want them to take this most seriously and, 
more importantly, that our allies should take it seriously as well.
  I commend the gentleman from Connecticut and others on the Republican 
side with my friend from Massachusetts, who has led on this effort for 
taking this effort on and improving this amendment in such important 
ways.

                              {time}  2000

  Mr. SPENCE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Nebraska [Mr. Bereuter].
  (Mr. BEREUTER asked and was given permission to revise and extend his 
remarks.)
  Mr. BEREUTER. Mr. Chairman, I rise in opposition to the amendment. 
Certainly, every responsible American wants and expects our allies to 
shoulder their fair share of the burden of defense. Unfortunately, 
however, this amendment helps perpetuate an underlying misconception 
regarding the rationale for the forward-basing of U.S. military forces.
  As the legislation itself acknowledges, U.S. defense expenditures 
primarily promote U.S. national security interests. The promotion of 
these interests are also the primary reason for the stationing of U.S. 
forces overseas. The fact that their presence also benefits our key 
allies is a secondary but important benefit to us. To risk a conflict 
in any of the regions where our personnel are now stationed--even those 
countries far from our borders--would mean jeopardizing U.S. lives and 
commerce, and contribute to global instability.
  This amendment's citation of Japan's burdensharing figure of 75 
percent of nonpersonnel costs as a role model for other allies to 
emulate is very misleading. Following World War II, the United States 
compelled the Japanese to adopt the Peace Constitution, whereby they 
abandoned all but the most limited and parochial security 
responsibilities. For 50 years, we have been the guarantor of Japanese 
security. Our European partners, on the other hand, are full allies 
with a commitment to fight side-by-side to defend our common vital 
interests.
  What is the difference? The difference, Mr. Chairman, could be 
clearly seen when the United States sent two carrier battle groups to 
the Taiwan Strait and because of their Peace Constitution our Japanese 
friends stood back and watched. On the other hand, our NATO Allies are 
on the ground in Bosnia, forming the bulk of IFOR, and they were there 
before us as a part of UNPROFOR. This is a significant difference, one 
that this Member hopes his colleagues would recognize.
  There are also numerous extenuating circumstances at play in 
determining the appropriate allied burdensharing responsibility. This 
includes the expense that has been shouldered by many of our European 
allies on other allied priorities, including peacekeeping--
responsibilities not yet significantly assumed by the Japanese. In 
addition, disparities in construction and housing costs also factor 
into the burdensharing disparities between Japan and European allies.
  Finally, the amendment grants far-reaching discretionary authority to 
the President, who would be free to impose such measures as troop 
reductions and suspension of bilateral agreements in response to an 
individual country's failure to meet specified arbitrary goals. Mr. 
Chairman, such actions are unlikely to be in our national interest, and 
could in the long run result in considerable expenditure of U.S. lives 
and treasure.
  Mr. Chairman, I urge my colleagues to reject the Shays-Frank 
amendment.
  Mr. SHAYS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
California [Mr. Cunningham].
  Mr. CUNNINGHAM. Mr. Chairman, as in the past, I rise in support of 
the Shays amendment. First of all, foreign nations should pay more. 
They should do more. And yes, national security for the United States 
and economic benefit helps from those allies. But it also helps our 
allies. You are telling me that we cannot ask them to do more and share 
more of the burden? I disagree. Yes, we can.
  One thing I do disagree with, though: I absolutely do not want a new 
world order. I do not want the United Nations to be at the head of our 
troops. I want a strong military, but not a one world order. But that 
does not mean that foreign nations cannot pay their fair share.
  I look at the case of Japan. We give billions of dollars to Japan, 
the trade deficit we have, and then they spend $3 billion a year 
subsidizing their shipbuilding and ship repair industry. And we have 
our ships in their ports doing the same thing. And they have nearly 
forced our workers and our ship builders out of work here in this 
country.
  They can pay more. Other nations can pay more. I fully support the 
Shays amendment and ask for its passage.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts [Mr. Torkildsen].
  Mr. TORKILDSEN. Mr. Chairman, I rise in opposition to the amendment 
of my friend and colleague from Connecticut [Mr. Shays]. I do so 
because I feel it would jeopardize the ability of the United States to 
defend its own national security interests. U.S. troops are not for 
sale. If it is in our interests to have troops located somewhere in the 
world, they should be located there. If it is not in our interests, 
they should not be, no matter how much money another country is willing 
to pay us. It just should not be that way.
  The United States must defend its own interests, whether maintaining 
peace in a hostile part of the world or here at home. It should not 
rely on payments from a foreign nation.
  Another point that was brought up earlier underscores why this 
amendment, though well-intentioned, misses the point. Troops located in 
Germany do not only defend Germany. They do not only defend Europe. 
Troops in Europe were used most recently in Operation Desert Storm. And 
what does this amendment say when our troops are going to be sent 
around the world? Our troops are every bit in danger, but they are 
every bit fighting for our national interests. We should not hold them 
hostage. We should not hold our own policy hostage to a policy that 
says one country has to pay, even though our troops are there to help 
nations around the world, help democracy around the world, and help our 
own U.S. interests. This amendment is well-intentioned, but it is 
misguided. I would hope all Members would vote

[[Page H5025]]

against it and support the very rational policy articulated by the 
gentleman from South Carolina.
  Mr. FRANK of Massachusetts. Mr. Chairman, I yield 1\1/2\ minutes to 
the gentlewoman from Oregon [Ms. Furse], one of the cosponsors and a 
long supporter of this.
  Ms. FURSE. Mr. Chairman, for 3 years I have joined my distinguished 
colleague from Massachusetts in sponsoring this amendment to require 
greater burdensharing of our allies. Now that the cold war is over, we 
can no longer afford to bear the full cost of our allies' defense. As 
we struggle to balance the budget at home, it is only fair that our 
allies pick up the cost of their defense.
  Here in the United States, we spend 4.7 percent of our GNP on the 
military. NATO countries in Europe spend just 2.7 percent and Japan 
spends 1 percent. It simply is not fair.
  We have a choice: We can invest in our jobs, safety on our streets, 
our education, or we can pick up the billions of dollars for our 
allies' defense while they invest in their own citizens' health care 
and education.
  I would say the choice is simple. Our amendment is about fairness and 
common sense, and that is why it is endorsed by Citizens Against 
Government Waste, National Taxpayers Union, and the Concord Coalition. 
Our amendment will save over $11 billion. By bringing this money home, 
we begin to give our own constituents a break. My constituents and all 
Americans deserve nothing less.
  Vote yes on our burdensharing amendment. Vote yes on the Frank-Shays 
amendment.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia [Mr. Bateman].
  (Mr. BATEMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. BATEMAN. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I join the chairman of the full committee in opposing 
this amendment, but I must say if the House gave an award to the most 
improved amendment writing, the authors of this amendment would 
certainly win that award. It is a vast improvement over the burden 
sharing amendments of prior sessions.
  But it still has the same fundamental flaw. It proceeds from the 
notion that our forces stationed and deployed abroad are there in 
defense of Englishmen, Frenchmen, Germans, Belgians or someone else. 
They are there in the interests of the national security of the United 
States. They are not mercenaries.
  The amendment is totally simplistic in seeking to say, in effect, we 
will unilaterally define what fair share burdens will be. You will pay 
it or otherwise sanctions will be imposed. How are we going to 
determine that Portugal should be paying the same share as a France or 
Germany?
  The amendment simply does not have a practical underpinning to 
support it, and should be resisted.
  Mr. SHAYS. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey [Mr. Martini].
  Mr. MARTINI. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I rise today in support of this important amendment. 
Like most of my colleagues, I am committed to ensuring that the United 
States military is the finest fighting force in the world. We certainly 
owe this to our brave men and women who serve their country in uniform. 
However, I am also very concerned about the fiscal crisis facing 
America. With a $5 trillion public debt, we must look to reduce 
unnecessary Federal spending everywhere we can.
  During the cold war, the forward presence of U.S. troops on the 
European continent was necessary to neutralize the impending Soviet 
threat. But the time has come for our European allies to contribute to 
the cost of freedom. In the Pacific arena, Japan already assumes 79 
percent and Korea 63 percent of the non-personnel costs for United 
States troops deployed in these countries. Yet, astonishingly, our 
European friends contribute less than 25 percent of the non-personnel 
costs. That this occurs in 1996 is simply wrong.
  Our European allies must step up to the plate. This broad amendment 
will offer our friends several options to meet their share of U.S. 
support. According to CBO, our proposal would save the American 
taxpayers in excess of $7 billion over the next 4 years.
  Let us do the right thing and pass this important amendment today.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Idaho [Mrs. Chenoweth].
  Mrs. CHENOWETH. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I rise today in support of the Spence en bloc amendment 
to the 1997 National Defense Authorization Act, and I also want to 
voice my strong support for this entire bill. I am pleased with the 
priorities that we have established for funding, that ensures our 
soldiers have access to the best information possible through the best 
technology available.
  Mr. Chairman, there is nothing more important in terms of what the 
Federal Government should be doing than defending this country from 
foreign invasion. And within that concept, there is nothing more 
important than sending our men and women to combat with the best, most 
sophisticated technology that we can afford them. I do not mean just by 
dollars, I mean by a national commitment.
  One such commitment is the field emissions display unit that the 
chairman included in his en bloc amendment that was brought in by this 
Member. This unit would allow for a fraction of the cost to be spent 
for this display unit to be installed in the M-1 tanks, and the new 
display unit would be far more effective.
  Mr. Chairman, again, I want to say that there is nothing more 
important that this body can do than to provide for the proper defense.
  Mr. FRANK of Massachusetts. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Colorado [Mrs. Schroeder], who actually will speak on 
this amendment.
  Mrs. SCHROEDER. Mr. Chairman, I thank the gentleman. I urge everybody 
to support this amendment. I have been the room-clearer at more 
international conferences, because I have been talking about this for 
20 years. It is amazing how your allies clear out. And I have been on 
this floor over and over arguing for different amendments, and have had 
many of you stand there and tell me if my amendment passed, it would 
the end of everything, that it would be over.
  Guess what? We are down to about 100,000 in Europe, and it is going 
well. We pushed the Japanese and we pushed the Japanese, and they are 
doing a great job. Now what this amendment is saying is we ought to 
have the Europeans do the same thing.
  Let me tell you about doom and gloom. The new doom and gloom is the 
threat of the debt. We are not allowed any cutting amendments on the 
floor but this one. This is the only chance, and this says that we are 
recognizing the fact our military allies are also trading competitors. 
And by our paying for all their defense, we put ourselves at a terrible 
global disadvantage.

                              {time}  2015

  Vote for this amendment, it is about time.
  Mr. SHAYS. Mr. Chairman, I yield 1 \1/2\ minutes to my colleague the 
gentleman from Michigan [Mr. Upton]
  Mr. UPTON. Mr. Chairman, I care deeply about the deficit and 
maintaining a strong national defense. Next year we will be spending 
more just on the interest servicing the $5.5 trillion national debt 
than all of the Defense Department budget and foreign aid put together; 
and, consequently, we need to look under every rock and stone for 
savings.
  Last year a similar amendment passed this body 273 to 176. Our 
amendment this year provides flexibility to offset the cost of our 
troops overseas by our European NATO Allies. If we can ask Americans to 
tighten their belts on a whole host of issues, is there any reason why 
we cannot ask our European allies to do the same?
  This amendment can save the taxpayers $11 billion. That is certainly 
worth a ``yes'' vote.
  Mr. SPENCE. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, how much time is remaining 
on our side?

[[Page H5026]]

  The CHAIRMAN. The Chair advises the gentleman there are 2 minutes 
remaining on his side.
  Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself the balance 
of my time.
  This is a very clear-cut issue. Members have said American troops are 
not there to defend other countries, they are there to defend us, but 
the fact is that they are doing both. No one thinks that we have no 
role in defending other countries. The question is not whether we 
should pay. We will. Even under this amendment the American taxpayers 
pay the great bulk of this. What we are talking about is whether or not 
these other nations should get a free ride. We will spend most of the 
money.
  People have said, gee, if we do not put out all the extra money, we 
will lose out on all our allies. How come we have to constantly bribe 
them to let us defend them? The way people argue, you would think 
America was the baby that was so ugly one had to put a lamb chop around 
its neck so the dog would play with it.
  Apparently, the notion is that we would be so bereft of helping 
people, that if we did not bribe people by picking up their defense 
budgets they would not do it.
  People say it worked in Japan but not here. The very same people are 
trying to kill this amendment today voted against us when we imposed it 
on Japan. They used the same arguments.
  We are performing a task in the common defense. It is not just for 
us, it is for them. What is not common is the burden. We are picking up 
all the tab and they are getting all the benefit for free. What we need 
to do is to share the burden, and that is what this calls for.
  We are going to run into, as Members of this House, an increasing 
crunch if we get to a zero deficit. There will be a terrible crunch on 
other discretionary spending. This is a chance to say to the 
beneficiaries of American fighting people on American tax dollars that 
they can make a reasonable small contribution. We ought to do it.
  And for people who say we can never accept money under those 
circumstances, then we owe a lot of people a lot of money for the gulf 
war. We took money to fight the gulf war in the common interest. We got 
money from our allies because we were bearing that burden, and it 
worked very well.
  The only thing we accomplish by voting ``no'' is to have the American 
taxpayer continue to pick up the tab for the rest of the world.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SHAYS. Mr. Chairman, I yield myself the remainder of my time.
  I want to thank first my colleague, the gentleman from Massachusetts 
[Mr. Frank], who has been working on this issue for so many years, and 
colleagues on both sides of the aisle who are trying to provide a 
workable solution to a very real problem.
  The last I heard, our country had a financial crisis. The last I 
heard, Members on this side of the aisle believe we need to get our 
financial house in order and balance our Federal budget. We are cutting 
domestic spending, we are cutting foreign aid, we are freezing defense 
spending, and we are slowing the growth of entitlements. We are asking 
every part of our Government to recognize that we have to get our 
financial house in order.
  We need to ask our allies in Europe to do what our allies in Korea 
and Japan are doing. Our allies in Japan are paying $3.8 billion in 
direct payments to help us defray the cost of our troops in Japan, $3.8 
billion. Our allies in Europe are paying $46 million. We are asking our 
colleagues to do their part in this effort.
  This amendment in the past was opposed by the State Department and 
the Defense Department. Because of the work of the gentleman from 
Missouri [Mr. Gephardt] and the gentleman from Massachusetts [Mr. 
Frank] and others, it has received their support, and certainly not 
their opposition.
  I encourage my colleagues to recognize this amendment passed last 
year and it was a stronger amendment then, 273 to 156; the year before 
268 to 144. This amendment has had the support of our colleagues on 
both sides of the aisle in the past. It is an amendment that will help 
us get our financial house in order, and I urge its adoption.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DELLUMS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, as one of the sponsors and drafters of the amendment, I 
obviously rise in support of it. I tried to listen very carefully 
during the course of the debate to those persons who rose in opposition 
to this amendment. I would like to respond to a few of their remarks as 
I noted their comments.
  One of my colleagues, the gentleman from Virginia, indicated that 
this was the most improved amendment. The gentleman is correct. Last 
year the Department of defense opposed the burden-sharing amendment. 
This year the Department of Defense generally supports the amendment, 
and I quote verbatim:

       After detailed review, analysis and consideration of the 
     provisions of the amendment, the Department believes it 
     provides a solid basis upon which to proceed in future 
     discussions and negotiations with our allies around the world 
     to attain greater respensibility sharing in defense and 
     security issues of national concern.

  Second, with respect to the improved amendment, this has, over the 
years, been a controversial amendment. I have had conversations with 
the gentleman from Connecticut and the gentleman from Massachusetts 
saying that we ought to update the burden-sharing amendment so that it 
speaks to the realities of the post-cold war world and not the cold 
war. They were receptive to those ideas. So we are here with an 
amendment that corresponds to a post-cold war environment as we march 
toward the 21st century.
  Several of my colleagues on the other side of the aisle in opposition 
to the amendment say there is a misperception about why American troops 
are forward deployed. It is not either/or. Wake up. They are forward 
deployed because of shared security reasons. That means the other 
countries' concerns and our concerns. Therefore, we have a right to 
enter into a process that says our burden-sharing ought to reach some 
accommodation that speaks to equity.
  Now, Mr. Chairman, for those Members who oppose it, read the 
amendment. The amendment in part says:

       In efforts to increase allied burden-sharing, the President 
     shall seek to have each nation that has cooperative military 
     relationships with the United States, including security 
     agreements, basing arrangements, or mutual participation in 
     multinational military organizations or operations, to take 
     one or more of the following actions.

  Action No. 1, to attempt to reach as a goal a percentage of the 
investment. Second, to increase their military outlays in order to 
provide an opportunity for increased sharing of the cost. A third could 
be that they increase their annual budgetary outlays for foreign 
assistance to promote democratization, economic stabilization, 
transparency arrangements, defense economic conversion, respect for the 
rule of law, and internationally organized human rights. So that is a 
third.
  The fourth, the gentleman from Nebraska [Mr. Bereuter], raised and I 
want to respond to that. Increase the amount of military assets, 
including personnel, equipment, logistic 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.
  The gentleman spoke to IFOR and UNPROFOR. That is exactly, Mr. 
Chairman, what this fourth provision provides the President an option 
to deal with. It is not one option, it is several options. And if 
people stop long enough to read the legislation and not react to last 
year's amendment, then they will understand that the arguments are not 
well founded.
  Finally, one of my colleagues said that the amendment is well 
intended but misguided. I would suggest that what is misguided are the 
arguments in opposition to the amendment. I urge my colleagues on both 
sides of the aisle on a bipartisan basis to overwhelmingly adopt the 
proposition before the body.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Connecticut [Mr. Shays].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             recorded vote

  Mr. SHAYS. Mr. Chairman, I demand a recorded vote.

[[Page H5027]]

  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 353, 
noes 62, not voting 18, as follows:

                             [Roll No. 168]

                               AYES--353

     Abercrombie
     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baldacci
     Ballenger
     Barcia
     Barrett (WI)
     Barton
     Bass
     Becerra
     Bentsen
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Bonior
     Bono
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Burr
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Cooley
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cummings
     Cunningham
     Danner
     Davis
     Deal
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Filner
     Flake
     Flanagan
     Foglietta
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green (TX)
     Greene (UT)
     Greenwood
     Gunderson
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Harman
     Hastert
     Hastings (FL)
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hinchey
     Hobson
     Hoekstra
     Hoke
     Horn
     Hoyer
     Hutchinson
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     Kingston
     Klink
     Klug
     LaFalce
     LaHood
     Lantos
     Largent
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lightfoot
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Longley
     Lowey
     Lucas
     Luther
     Maloney
     Manton
     Manzullo
     Markey
     Martinez
     Martini
     Mascara
     Matsui
     McCarthy
     McCollum
     McDade
     McDermott
     McHale
     McInnis
     McIntosh
     McKeon
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Metcalf
     Meyers
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moakley
     Montgomery
     Moorhead
     Moran
     Morella
     Myers
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Pallone
     Parker
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (MN)
     Petri
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sanford
     Sawyer
     Schaefer
     Schiff
     Schroeder
     Schumer
     Scott
     Seastrand
     Sensenbrenner
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas
     Thompson
     Thornton
     Thurman
     Tiahrt
     Torres
     Torricelli
     Towns
     Traficant
     Upton
     Velazquez
     Vento
     Visclosky
     Volkmer
     Walsh
     Wamp
     Ward
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wynn
     Young (FL)

                                NOES--62

     Baker (CA)
     Baker (LA)
     Barr
     Barrett (NE)
     Bartlett
     Bateman
     Beilenson
     Bereuter
     Berman
     Bonilla
     Bunning
     Burton
     Chenoweth
     Chrysler
     Combest
     DeLay
     Dicks
     Doolittle
     Edwards
     Funderburk
     Gekas
     Geren
     Gilman
     Hansen
     Hastings (WA)
     Hayworth
     Hostettler
     Houghton
     Hunter
     Hyde
     Johnson (CT)
     Johnson, Sam
     Jones
     King
     Knollenberg
     Kolbe
     Latham
     Laughlin
     Livingston
     McCrery
     McHugh
     Mica
     Murtha
     Packard
     Peterson (FL)
     Pickett
     Rogers
     Salmon
     Saxton
     Scarborough
     Shadegg
     Skelton
     Spence
     Stump
     Taylor (NC)
     Thornberry
     Torkildsen
     Vucanovich
     Walker
     White
     Young (AK)
     Zeliff

                             NOT VOTING--18

     Boehner
     Buyer
     Clinger
     de la Garza
     Dornan
     Fields (TX)
     Hayes
     Holden
     Johnston
     Kleczka
     Lincoln
     Molinari
     Mollohan
     Paxon
     Pryce
     Serrano
     Yates
     Zimmer

                              {time}  2046

  The Clerk announced the following pair:
  On this vote:

       Mr. Serrano for, with Mr. Paxon against.

  Messrs. JONES, LAUGHLIN, BARR of Georgia, FUNDERBURK, and EDWARDS 
changed their vote from ``aye'' to ``no.''
  Messrs. SMITH of Texas, WILLIAMS, and LAZIO of New York and Mrs. 
FOWLER changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                         parliamentary inquiry

  Mr. SOLOMON. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state his parliamentary inquiry.
  Mr. SOLOMON. If I understand it correctly, Mr. Chairman, this group 
of en bloc amendments will either go by a voice vote or the vote will 
be rolled until tomorrow. Therefore, we do not expect any other votes 
tonight.
  It that correct?
  The CHAIRMAN. That is the Chair's understanding at this point.


         amendments en bloc, as modified, offered by mr. spence

  Mr. SPENCE. Mr. Chairman, pursuant to section 3 of House Resolution 
430, I offer en bloc amendments consisting of amendments, 1, 2, 3, 5, 
6, 8, 9, 10, 11, amendment No. 12, as modified, amendments 15, 18, 21, 
22, 23, 24, 25, amendment No. 26, as modified, and amendments 27, 29, 
30 and 33 printed in part B of House Report 104-570.
  The CHAIRMAN. The Clerk will designate the amendments en bloc and 
report the modifications.
  The Clerk designated the amendments en bloc and proceeded to read the 
modifications.

       Amendments en bloc, as modified, consisting of amendments 
     1, 2, 3, 5, 6, 8, 9, 10, 11, as modified, 15, 18, 21, 22, 23, 
     24, 25, 26 as modified, 27, 29, 30 and 33, offered by Mr. 
     Spence:


amendment to h.r. 3230, as reported offered by mr. mcinnis of colorado 
                  (amdt. b-1 of house report 104-570)

       In section 107 (page 20, beginning on line 9)------
       (1) insert ``(a) Authorization.--'' before ``There is 
     hereby authorized''; and
       (2) add the following at the end:
       (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.
                                                                    ____



amendment to h.r. 3230, as reported offered by mr. hunter of california 
     or mrs. chenoweth of idaho (amdt. b-2 of house report 104-570)

       At the end of title II, (page 70, after line 15), add the 
     following new section:

     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 here by 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.
                                                                    ____



     amendment to h.r. 3230, as reported offered by mr. weldon of 
pennsylvania or mr. spratt of south carolina (amdt. b-3 of house report 
                                104-570)

       In section 203, add at the end of subsection (c) (page 36, 
     after line 6) the following new paragraph:
       (3) Funds made available pursuant to subsection (b) may be 
     used for 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.
       Add at the end of section 203 (page 37, after line 11) the 
     following new subsection:
       (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).
                                                                    ____



   amendment to h.r. 3230, as reported offered by mr. cunningham of 
             california (Amdt b-5 in house report 104-570)

       At the end of subtitle B of title II (page 50, after line 
     6), insert the following new section:

[[Page H5028]]



     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.
                                                                    ____



     amendment to h.r. 3230, as reported offered by mr. taylor of 
             Mississippi (Amdt b-6 in house report 104-570)

       At the end of subtitle B of title II (page 50, after line 
     6), insert the following new section:

     SEC. 223. 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.
                                                                    ____



amendment to h.r. 3230, as reported offered by mr. hansen of utah (Amdt 
                      b-8 of house report 104-570)

       At the end of title II (page 70, after line 15), insert the 
     following new section:

     SEC. 248. 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.
                                                                    ____



     amendment to h.r. 3230, as reported offered by mr. dellums of 
             california (Amdt b-9 in house report 104-570)

       At the end of subtitle C of title III (page 84, after line 
     25), insert the following new section:

     SEC. 328. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN 
                   SUPPORT OF ENVIRONMENTAL 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, non-discriminatory, and 
     do not exceed the actual or estimated cost to the agency of 
     providing the service.
                                                                    ____



     amendment to h.r. 3230, as reported offered by mr. mc keon of 
             california (amdt b-10 in house report 104-570)

       At the end of subtitle A of title V (page 129, after line 
     7), insert the following new section:

     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.''.
                                                                    ____



   amendment to h.r. 3230, as reported offered by mr. montgomery of 
            mississippi (amdt b-11 in house report 104-570)

       At the end of subtitle B of title V (page 136, after line 
     8), insert the following new section:

     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.''.
                                                                    ____



  modification to the amendment offered by mr. oberstar of minnesota 
                  (amdt b-12 in house report 104-570)

       The amendment as modified is as follows:
       At the end of subtitle A of title VII (page 274, after line 
     15), insert the following new section:

     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.''.
       Section 2079(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''.
                                                                    ____



 amendment to h.r. 3230, as reported offered by mr. farr of california 
                  (amdt b-15 in house report 104-570)

       At the end of title VIII (page 316, after line 14), insert 
     the following new section:

     SEC.  . 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''.
                                                                    ____



    amendment to h.r. 3230, as reported offered by mr. oberstar of 
             minnesota (amdt b-18 in house report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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.''.
                                                                    ____



   Amendment to H.R. 3230, as reported offered by Mr. Scarborough of 
              Florida (Amdt. B-21 in House Report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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).
                                                                    ____



Amendment to H.R. 3230, as reported offered by Mr. Pickett of Virginia 
                  (Amdt. B-22 in House Report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

[[Page H5029]]



     SEC.   . 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 of 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.


 Amendment to H.R. 3230, as reported offered by Mr. Browder of Alabama 
                  (Amdt. B-23 in House Report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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.


amendment to h.r. 3230, as reported offered by ms. mc kinney of georgia 
                  (Amdt. B-24 in House Report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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.


amendment to H.R. 3230, as reported offered by mr. solomon of new york 
                  (amdt. B-25 in house report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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.


 modification to the amendment offered by mr. markey of massachusetts 
                (amendment b-26 in house report 104-570)

       The amendment as modified is as follows:
       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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,

[[Page H5030]]

     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.
                                                                    ____



amendment to h.r. 3230, as reported offered by mr. miller of california 
                (amendment b-27 in house report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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.
                                                                    ____



amendment to h.r. 3230, as reported offered by mr. chambliss of georgia 
                (amendment b-29 in house report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC. 1041. 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).
                                                                    ____



  amendment to h.r. 3230, as reported offered by mr. spence of south 
           carolina (amendment b-30 in house report 104-570)

       At the end of title X (page 359, after line 20), insert the 
     following new section:

     SEC.   . 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).
                                                                    ____



 amendment to h.r. 3230, as reported offered by mr. porter of illinois 
                (amendment b-33 in House Report 104-570)

       At the end of part I of subtitle C of title XXVIII (page 
     462, after line 25), insert the following new section:

     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).
  Mr. SPENCE (during the reading). Mr. Chairman, I ask unanimous 
consent that the modifications be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
South Carolina?
  There was no objection.
  The CHAIRMAN. Pursuant to the rule, the gentleman from South Carolina 
[Mr. Spence] and the gentleman from California [Mr. Dellums] each will 
control 10 minutes.
  The Chair recognizes the gentleman from South Carolina [Mr. Spence].
  Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from New 
York [Mr. Solomon] the chairman of the Committee on Rules.
  Mr. SOLOMON. Mr. Chairman, I thank Chairman Spence and the National 
Security Committee for accepting my amendment dealing with veterans' 
preference as part of this en bloc amendment.
  Mr. Chairman, it is unclear whether managers, not necessarily within 
the Department of Defense but throughout this Government, are fully 
aware of the proper hiring procedures when it comes to giving veterans 
a priority.
  My amendment seeks to remedy enforcement problems when it comes to 
veterans' preference that might be rooted within the Federal 
bureaucracy.
  It does that by holding those managers and supervisors in a position 
to hire and fire directly responsible for failing to implement veterans 
preference procedures.
  In other words, failure to do so is defined as a prohibited personnel 
practice, and will be punishable by DOD procedures reserved for those 
found guilty of engaging in such prohibited practices.
  Mr. Chairman, I will be offering the same amendment to all bills 
reauthorizing each department of Government as we proceed through this 
session of Congress.
  This amendment has the endorsement of the American Legion and the 
Veterans of Foreign Wars and I urge all of my colleagues to support my 
amendment and America's veterans.
  Mr. DELLUMS. Mr. Chairman, I submit for the Record at this point the 
comments of the gentleman from Massachusetts [Mr. Markey].
  Mr. MARKEY. Mr. Chairman, I am pleased to join with my distinguished 
colleague Congressman Gerry Solomon in offering a bi-partisan which we 
hope will put China and other would-be proliferators on notice that the 
United States will punish nations that trample our arms control laws 
and violate international treaties designed to curb the spread of 
nuclear weapons.
  China is a pathological proliferator, plain and simple. Over the 
years, Beijing's rulers have compiled a mile-long radioactive rapsheet 
of weapons offenses that make China the Al Capone of atomic commerce.
  Despite rock solid evidence that China broke United States law by 
selling nuclear-related equipment to Pakistan and cruise missiles to 
Iran, the State Department has decided to let Beijing off the hook. No 
sanctions will be imposed in response to China's latest violations.
  The amendment which Congressman Solomon and I are offering today 
expresses the sense of the Congress that sanctions should have been 
imposed on China for its most recent illegal sales.
  Our amendment also contains a tough reporting requirement. Within 60 
days after the enactment of the authorization bill, the amendment 
requires the President to report to Congress on what commitment our 
Government is seeking from China to ensure that China establishes an 
effective border enforcement system to prevent future transfers such as 
the Pakistan sale from taking place.
  The reporting requirement also directs the President to explain the 
significance of China's assurances made last week that it won't 
misbehave again.

[[Page H5031]]

  This bipartisan amendment has the support of Members on both sides of 
the aisle, and I urge its adoption.
  Mr. DELLUMS. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Georgia [Ms. McKinney], my distinguished colleague.
  Ms. McKINNEY. Mr. Chairman, I rise to thank the distinguished 
chairman and ranking member of the National Security Committee for 
their cooperation in accepting my co-production reporting amendment.
  The committee bill devotes significant additional resources to 
modernization, because in the words of the committee, ``the U.S. 
military's technical superiority depends on a steady investment in 
modernization of new and upgraded weapons systems and equipment.''
  The taxpayers' investment in modernization and new military 
technologies should be carefully guarded just as we seek to protect 
patented products and intellectual property from pirating overseas.
  Mr. Chairman, Congress and the public must be fully informed about 
our arms production technologies being exported abroad. My co-
production reporting amendment would do just that with a simple 
reporting requirement on all co-production agreements between the 
United States and foreign countries.
  Again I thank the distinguished chairman and the ranking member.
  Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from 
Indiana [Mr. Buyer].
  Mr. BUYER. Mr. Chairman, I rise tonight to speak on two amendments 
that are in the en bloc. First is the McInnis amendment on chem demil. 
I rise in strong support of the McInnis amendment to add $5 million to 
the chemical demilitarization technology approaches on that project.
  Mr. Chairman, the U.S. stockpile consists of 30,000 tons of chemical 
weapons. Four percent of its total is stored in my district, the 
Newport Army ammunition plant in Indiana. To destroy this stockpile the 
Army has undertaken a 12-year plan to incinerate this material at an 
estimated cost of $12.5 billion. I expect this figure to rise 
dramatically as the program proceeds.
  Alternative technologies to safe incineration could offer us--
alternative technologies to incineration could offer a safe, effective, 
and more cost efficient method of destroying certain agents and 
material in the stockpile, such as bulk nerve gas stored at Newport. 
Currently the Army and the National Research Council are evaluating 
five alternative technologies to incineration. A decision to proceed 
with this pilot program will be made later this year. This additional 
$5 million will help accelerate this process.
  Mr. Chairman, I commend my colleague for offering this amendment and 
urge a ``yes'' vote on his amendment which will be offered en bloc.
  The other for which I rise in strong support is on the Solomon 
amendment with regard to veterans preference. I serve as chairman on 
the Subcommittee on Veterans Affairs with regards to the veterans 
preference issue. I am very concerned right now and I lay most of my 
concerns at the feet of a professional bureaucracy within the Federal 
Government which seems dedicated to routing out veterans through an 
avoidance of proper hiring and downsizing procedures. Veterans 
preference must remain the first criteria in hiring, promotion, and 
retention. To me, veterans preference is blind as to race, gender, age, 
and religion, and I believe that America understands the sacrifices of 
veterans and that we must maintain veterans preference in regard to our 
hiring of veterans in the country.
  Mr. DELLUMS. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Alabama [Mr. Browder] a member of the committee.
  Mr. BROWDER. Mr. Chairman, I want to speak on this amendment, 
particularly the part dealing with the chemical stockpile emergency 
preparedness program. We have got chemical weapons stored all around 
this country. They need to be destroyed. We need to get some focus to 
this program. We need to ask ourselves, first, do we really want to get 
rid of these weapons and why; second, how do we want to get rid of 
them; and, thirds, what are we willing to pay to get rid of them?
  Those questions have not been adequately addressed by this country, 
and this amendment would cause us to stop and focus on this issue.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Nebraska [Mr. Bereuter] for the purposes of a colloquy.
  Mr. BEREUTER. Mr. Chairman, this Member would like to take a brief 
moment to raise a point associated with a portion of the en bloc 
amendment, the amendment offered by the distinguished gentleman from 
California [Mr. Farr]. The gentleman's amendment addresses legitimate 
concerns related to problems experienced at a military facility in his 
district; specifically, unnecessary regulatory requirements that impede 
the implementation of more cost-effective alternatives to providing 
municipal services at the facility.
  These problems are not unique to California. A military facility in 
this Member's district, the Lincoln Municipal Airport, has experienced 
cost-ineffective practices related to fire services. Although a 
commonsense solution exists to solve the problems involving the 
international guard unit, this Member has been told that their cost-
saving initiative has been stalled at the national level of the 
National Guard. Clearly this is an issue that merits examination.
  This Member would ask the chairman of the National Security 
Committee, the distinguished gentleman from South Carolina [Mr. 
Spence], to work with him to address these concerns in a constructive 
manner.
  Mr. SPENCE. Mr. Chairman, if the gentleman will yield, I would be 
pleased to work with the gentleman on this issue.
  Mr. BEREUTER. Mr. Chairman, I thank the gentleman for that assurance.
  Mr. DELLUMS. Mr. Chairman, I yield 1\1/2\ minutes to the 
distinguished gentleman from Mississippi [Mr. Taylor], a member of the 
committee.
  Mr. TAYLOR of Mississippi. Mr. Chairman, I want to thank the 
distinguished ranking minority member of the committee for yielding 
this time to me. I rise in support of the en bloc amendment. Contained 
in it is language that would require the President of the United States 
within 15 days to certify to Congress whether or not this Nation 
possesses the ability to detect the smuggling or importation of 
nuclear, biological, or chemical weapons into our country.
  Mr. Chairman, there are 4 million cargo containers a year that come 
into this country, 40-foot container equivalents. There are also 
between 20 and 30 nations that possess either nuclear, biological, or 
chemical weapons. While the gentleman from Pennsylvania [Mr. Weldon], 
and the gentleman from California [Mr. Hunter], in particular have done 
a great job of making the Nation aware of our Nation's vulnerability to 
the two nations that possess ballistic missiles that can strike our 
Nation, there are at least 5 rogue nations--including Iran, Iraq, 
Libya, Cuba and North Korea--that possess chemical weapons, biological 
weapons and, some fear, nuclear weapons, that could smuggle them into 
our country. The purpose of this amendment is to make the commander in 
chief, the Department of Defense, and this administration aware of that 
threat to our Nation, and hopefully in next year's defense bill that is 
presented to the Congress, they will take some steps to address that 
threat to the people of this country.

                              {time}  2100

  In my opinion, it is a bigger threat to this country than the threat 
of ballistic attack.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Alabama [Mr. Everett].
  Mr. EVERETT. Mr. Chairman, I rise to engage our distinguished 
chairman of the Subcommittee on Military Procurement, the gentleman 
from California [Mr. Hunter], in a brief colloquy regarding the Army's 
Hellfire II missile. It is my understanding that the Army's fiscal year 
1997 budget request contains $108 million for 1,800 Hellfire II 
missiles. This is the first year of a plan for 7,569 missiles over a 5-
year period, is that correct?
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. EVERETT. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, the very distinguished gentleman from

[[Page H5032]]

Alabama is correct in his understanding. The Subcommittee on Military 
Procurement recommended, as did the full committee, approval of the 
request for Hellfire II procurement.
  Mr. EVERETT. I also understand that the Army proposed fiscal year 
1997 as a stand-alone year, followed by a 4-year multiyear procurement 
of the balance of the 5,769 Hellfire II missiles. Does the chairman 
support the Army's acquisition plan for Hellfire II and will he give 
full consideration of a proposed 4-year multiyear procurement Hellfire 
II next year?
  Mr. HUNTER. I acknowledge that the Chairman of the Joint Chiefs has 
recommended that the modernization of the semiactive laser Hellfire 
inventory be continued, and I support the Army's proposed procurement 
to achieve that goal. The gentleman from Alabama has my assurance that 
the subcommittee will give full consideration to any proposed multiyear 
plan submitted with the fiscal year 1998 budget.
  Mr. EVERETT. I thank the distinguished chairman for his comments and 
his support.
  Mr. HUNTER. We thank the gentleman for his hard work on this program.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Maryland [Mr. Bartlett] for the purpose of a colloquy.
  Mr. BARTLETT of Maryland. Mr. Chairman, I would ask the gentleman 
from California [Mr. Hunter], chairman of the Subcommittee on Military 
Procurement, during the committee's markup of this defense 
authorization bill we discussed the urgent requirements facing the 
Navy's FA-18C/D aircraft to prove their self-detection capability. 
Following the shootdown of the F-16 over Bosnia last June, Secretary 
Perry directed the installation of the limited numbers of the ALQ-165 
jammer on Navy and Marine Corps F/A-18-C/D's operating in the Bosnia 
theater. It is my understanding that without this jammer, the Navy and 
Marine Corps' F/A-18-C/D aircraft have no electronic self-detection 
against pulse doppler or continuous wave radar threats which 
characterize the most widely deployed air-to-air and surface-to-air 
threats to tactical aircraft.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. BARTLETT of Maryland. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, the gentleman is correct.
  Mr. BARTLETT of Maryland. Mr. Chairman, the committee is concerned 
that the limited number of ALQ-165 systems in the Navy's inventory 
could prevent the Navy from providing adequate self-protection for its 
F-18-C/D aircraft in future contingencies.
  For this reason, the committee added $50 million to the budget 
request for common ECM equipment in the aircraft procurement Navy 
account to be used to purchase ALQ-165 jammers. Is that correct?
  Mr. HUNTER. The gentleman is correct, and we are grateful to the 
gentleman for his leadership in this area.
  Mr. BARTLETT of Maryland. Mr. Chairman, I thank the gentleman very 
much for the clarification.
  Mr. SPENCE. Mr. Chairman, I am pleased to yield such time as he may 
consume to the gentleman from Florida [Mr. Mica] for a colloquy.
  Mr. MICA. Mr. Chairman, I rise to engage the chairman of the 
Committee on National Security in a colloquy.
  Mr. Chairman, it is my understanding that the fiscal year 1997 
defense authorization bill includes a provision which would permit the 
Secretary of Defense to waive certain requirements for full-scale live 
fire testing of the V-22 tiltrotor and F-22 fighter aircraft.
  I know the gentleman agrees that the live-fire test program plays a 
critical role in assuring the operational suitability of new equipment 
for use by our Armed Forces.
  Mr. SPENCE. Mr. Chairman, will the gentleman yield?
  Mr. MICA. I yield to the gentleman from South Carolina.
  Mr. SPENCE. Mr. Chairman, the gentleman is correct.
  Mr. MICA. The Defense Department is making great uses of advances in 
modeling and simulation technologies of our military services, defense 
agencies, industry, and academia. These advances are being used for a 
wide range of activities, including development of new materiel, 
testing and evaluation, manufacturing, training, and operational 
planning.
  I believe the application of these technologies to the Department's 
live-fire test program would permit more thorough and realistic 
evaluation of new equipment for our Armed Forces and would reduce 
testing costs and time. Their transfer to the private sector would also 
increase the fidelity of testing in the automotive, aircraft, and other 
industrial sectors.
  Mr. Chairman, I would ask the gentleman from South Carolina if he 
would assist me in working with the Department of Defense to extend the 
advanced modeling and simulation technology to the live-fire test 
program, and if possible, would he address this potential issue with 
the other body as we complete the defense authorization bill?
  Mr. SPENCE. I thank the gentleman from Florida, Mr. Chairman, for his 
observations, and agree that the Department's advances in development, 
modeling, and simulation technology may hold significant promise for 
more cost-effective and comprehensive tests and evaluation of new 
materiel for our Armed Forces, including live-fire testing. I would be 
pleased to work with the gentleman from Florida and the Department of 
Defense in this area.
  Mr. MICA. Mr. Chairman, I thank the gentleman for his assistance.
  Mr. SPENCE. Mr. Chairman, I am pleased to yield 1 minute to the 
gentleman from Pennsylvania [Mr. Fox].
  Mr. FOX of Pennsylvania. Mr. Chairman, I thank the chairman for his 
outstanding leadership in moving forward the National Defense 
Authorization Act. This bill is very important because it supports 
troops and their families by ensuring quality medical care for military 
families and enhances military readiness by increasing key underfunded 
readiness accounts. It funds key modernization programs identified by 
the service chiefs and, Mr. Chairman, it also builds a smarter Pentagon 
for innovation reform.
  Finally, I think what is very important for our colleagues and our 
constituents, it ensures veterans preference protection. I believe that 
this legislation is very much one that should be embraced by both sides 
of the aisle, and I look forward to its passage.
  Mr. CLINGER. Mr. Chairman, I appreciate the gentleman's yielding and 
rise in strong support of the Spence en bloc amendment and the bill.
  Let me begin, Mr. Chairman, by once again thanking Chairman Spence 
for his hard work on the significant procurement reforms our committees 
have achieved in the past 2 years. I would also like to offer my 
support for the report language he has included in H.R. 3230 on the 
acquisition process. The report recognizes that the work of Congress in 
enacting new reforms is winding down and that the burden for continuing 
has now shifted to the executive branch. In addition, the report 
clarifies the intent of Congress with respect to the Government's audit 
rights for commercial pricing data. Although we believe that Congress 
has spoken clearly on Truth in Negotiations Act audit rights, the 
report's language should eliminate any remaining doubts as to 
congressional intent.
  Turning to the gentleman's en bloc amendment, I commend him for 
including as part of that amendment much-needed reforms to the White 
House Communications Agency.
  The Committee on Government Reform and Oversight initiated a review 
of the management and operations of the White House Communications 
Agency nearly 3 years ago. Our inquiry began after discussions with 
White House staff indicated that WHCA maintained a very broad, but ill-
defined role in the Executive Mansion. WHCA's own staff admitted to 
being uncomfortable with the breadth of services they were sometimes 
asked to provide and with the Agency's lack of clear mission control. 
Those concerns led me to ask first the GAO, and then the Department of 
Defense inspector general to review WHCA's mission, role and 
activities.
  Last month, the DOD IG issued its final WHCA report showing an agency 
rife with mismanagement, lacking in oversight, and suffering mission 
creep. The IG found that although a military unit within DOD, WHCA has 
functioned outside the Department's operational control and with little 
or no Defense Department oversight. The IG concluded that WHCA's 
budgets have gone largely unreviewed; its annual performance plan has 
failed to meet DOD standards; its acquisition planning has been 
inadequate and resulted in wasteful purchases; and that the agency has 
ignored Federal procurement law, purchasing goods and services without 
contracts or legal

[[Page H5033]]

authority. The IG further reported that inadequate financial controls 
have resulted in excess and sometimes duplicate payment of unverified 
bills. Finally, the IG concluded that WHCA is providing the White House 
with services and equipment outside the scope of its mission of 
telecommunications support to the President.
  The Assistant Secretary of Defense concurred with the IG's findings. 
He promised corrective action in the areas of budgeting, management, 
acquisition and oversight. The administration disagreed, however, with 
the IG's recommendation that unauthorized services be stopped. This 
sole remaining area of disagreement is the subject of the 
Spence amendment.

  The Spence WHCA amendment simply reaffirms the Agency's traditional 
role by limiting its use of DOD appropriations to providing 
telecommunications support to the President, the Vice President, and 
others specified by the President. Adoption of the amendment will 
refocus WHCA's mission and prohibit the improper funding of 
nontelecommunications activities through Defense dollars. Those 
activities will be returned to the White House for executive funding, 
management, and control.
  While Chairman Spence, Subcommittee Chairman Zeliff, and I had hoped 
to pursue this correction informally, we have been stymied by the 
administration's refusal to address the problem. The White House has 
even prohibited its witnesses from appearing at the oversight hearing 
which Mr. Zeliff will chair on Thursday. Because the administration has 
rejected the inspector general's recommendation and refused to discuss 
informal correction, we have no choice but to proceed with the 
amendment.
  I appreciate the gentleman's sponsorship of this small, but important 
reform, commend him on his work, and urge the amendment's adoption.
  Mr. DELLUMS. Mr. Chairman, I yield back the balance of my time.
  Mr. SPENCE. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. The question is on the amendments en bloc, as modified, 
offered by the gentleman from South Carolina [Mr. Spence].
  The amendments en bloc, as modified, were agreed to.
  Mr. SPENCE. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Chabot) having assumed the chair, Mr. Barrett of Nebraska, Chairman of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill, (H.R. 
3230) to authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 1997, and for other purposes, had 
come to no resolution thereon.

                          ____________________