[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.
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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.
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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.
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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.
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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.
____________________