[Congressional Record Volume 142, Number 90 (Tuesday, June 18, 1996)]
[Senate]
[Pages S6313-S6383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

  The PRESIDING OFFICER (Mr. Brown). Under the previous order, the 
Senate will proceed, for debate only, to the consideration of S. 1745, 
which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1745) to authorize appropriations for fiscal 
     year 1997 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe 
     personnel strengths for such fiscal year for the Armed 
     Forces, and for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Armed Services, with amendments, as follows:

[[Page S6314]]

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 1745

       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:

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Sec. 109. Defense Nuclear Agency.

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement of Javelin missile system.
Sec. 112. Army assistance for Chemical Demilitarization Citizens' 
              Advisory Commissions.

                       Subtitle C--Navy Programs

Sec. 121. EA-6B aircraft reactive jammer program.
Sec. 122. Penguin missile program.
Sec. 123. Nuclear attack submarine programs.
Sec. 124. Arleigh Burke class destroyer program.

                     Subtitle D--Air Force Programs

Sec. 131. Multiyear contracting authority for the C-17 aircraft 
              program.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Defense Nuclear Agency.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.
Sec. 212. Department of Defense Space Architect.
Sec. 213. Space-based infrared system program.
Sec. 214. Research for advanced submarine technology.
Sec. 215. Clementine 2 micro-satellite development program.
Sec. 216. Tactical unmanned aerial vehicle program.
Sec. 217. Defense airborne reconnaissance program.
Sec. 218. Cost analysis of F-22 aircraft program.
Sec. 219. F-22 aircraft program reports.
Sec. 220. Nonlethal weapons and technologies programs.
Sec. 221. Counterproliferation support program.
Sec. 222. Federally funded research and development centers and 
              university-affiliated research centers.

                 Subtitle C--Ballistic Missile Defense

Sec. 231. United States compliance policy regarding development, 
              testing, and deployment of theater missile defense 
              systems.
Sec. 232. Prohibition on use of funds to implement an international 
              agreement concerning theater missile defense systems.
Sec. 233. Conversion of ABM treaty to multilateral treaty.
Sec. 234. Funding for upper tier theater missile defense systems.
Sec. 235. Elimination of requirements for certain items to be included 
              in the annual report on the ballistic missile defense 
              program.
Sec. 236. ABM treaty defined.

                       Subtitle D--Other Matters

Sec. 241. Live-fire survivability testing of F-22 aircraft.
Sec. 242. Live-fire survivability testing of V-22 aircraft.

             Subtitle E--National Oceanographic Partnership

Sec. 251. Short title.
Sec. 252. National Oceanographic Partnership Program.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Defense Nuclear Agency.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Sec. 306. SR-71 contingency reconnaissance force.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Funding for second and third maritime prepositioning ships 
              out of National Defense Sealift Fund.
Sec. 312. National Defense Sealift Fund.
Sec. 313. Nonlethal weapons capabilities.
Sec. 314. Restriction on Coast Guard funding.

                   Subtitle C--Depot-Level Activities

Sec. 321. Department of Defense performance of core logistics 
              functions.
Sec. 322. Increase in percentage limitation on contractor performance 
              of depot-level maintenance and repair workloads.
Sec. 323. Report on depot-level maintenance and repair.
Sec. 324. Depot-level maintenance and repair workload defined.
Sec. 325. Strategic plan relating to depot-level maintenance and 
              repair.
Sec. 326. Annual report on competitive procedures.
Sec. 327. Annual risk assessments regarding private performance of 
              depot-level maintenance work.
Sec. 328. Extension of authority for naval shipyards and aviation 
              depots to engage in defense-related production and 
              services.
Sec. 329. Limitation on use of funds for F-18 aircraft depot 
              maintenance.
Sec. 330. Depot maintenance and repair at facilities closed by BRAC.

                  Subtitle D--Environmental Provisions

Sec. 341. Establishment of separate environmental restoration transfer 
              accounts for each military department.
Sec. 342. Defense contractors covered by requirement for reports on 
              contractor reimbursement costs for response actions.
Sec. 343. Repeal of redundant notification and consultation 
              requirements regarding remedial investigations and 
              feasibility studies at certain installations to be closed 
              under the base closure laws.
Sec. 344. Payment of certain stipulated civil penalties.
Sec. 345. Authority to withhold listing of Federal facilities on 
              National Priorities List.
Sec. 346. Authority to transfer contaminated Federal property before 
              completion of required remedial actions.
Sec. 347. Clarification of meaning of uncontaminated property for 
              purposes of transfer by the United States.
Sec. 348. Shipboard solid waste control.
Sec. 349. Cooperative agreements for the management of cultural 
              resources on military installations.
Sec. 350. Report on withdrawal of public lands at El Centro Naval Air 
              Facility, California.
Sec. 351. Use of hunting and fishing permit fees collected at closed 
              military reservations.

                       Subtitle E--Other Matters

Sec. 361. Firefighting and security-guard functions at facilities 
              leased by the Government.
Sec. 362. Authorized use of recruiting funds.
Sec. 363. Noncompetitive procurement of brand-name commercial items for 
              resale in commissary stores.
Sec. 364. Administration of midshipmen's store and other Naval Academy 
              support activities as nonappropriated fund 
              instrumentalities.
Sec. 365. Assistance to committees involved in inauguration of the 
              President.
Sec. 366. Department of Defense support for sporting events.
Sec. 367. Renovation of building for Defense Finance and Accounting 
              Service Center, Fort Benjamin Harrison, Indiana.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Temporary flexibility relating to permanent end strength 
              levels.
Sec. 403. Authorized strengths for commissioned officers in grades O-4, 
              O-5, and O-6.
Sec. 404. Extension of requirement for recommendations regarding 
              appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active 
              duty in the Marine Corps.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.

              Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Extension of authority for temporary promotions for certain 
              Navy lieutenants with critical skills.

[[Page S6315]]

Sec. 502. Exception to baccalaureate degree requirement for appointment 
              in the Naval Reserve in grades above O-2.
Sec. 503. Time for award of degrees by unaccredited educational 
              institutions for graduates to be considered educationally 
              qualified for appointment as Reserve officers in grade O-
              3.
Sec. 504. Chief Warrant Officer promotions.
Sec. 505. Frequency of periodic report on promotion rates of officers 
              currently or formerly serving in joint duty assignments.

           Subtitle B--Matters Relating to Reserve Components

Sec. 511. Clarification of definition of active status.
Sec. 512. Amendments to Reserve Officer Personnel Management Act 
              provisions.
Sec. 513. Repeal of requirement for physical examinations of members of 
              National Guard called into Federal service.
Sec. 514. Authority for a Reserve on active duty to waive retirement 
              sanctuary.
Sec. 515. Retirement of Reserves disabled by injury or disease incurred 
              or aggravated during overnight stay between inactive duty 
              training periods.
Sec. 516. Reserve credit for participation in the Health Professions 
              Scholarship and Financial Assistance Program.
Sec. 517. Report on Guard and Reserve force structure.

                 Subtitle C--Officer Education Programs

Sec. 521. Increased age limit on appointment as a cadet or midshipman 
              in the Senior Reserve Officers' Training Corps and the 
              service academies.
Sec. 522. Demonstration project for instruction and support of Army 
              ROTC units by members of the Army Reserve and National 
              Guard.

                       Subtitle D--Other Matters

Sec. 531. Retirement at grade to which selected for promotion when a 
              physical disability is found at any physical examination.
Sec. 532. Limitations on recall of retired members to active duty.
Sec. 533. Disability coverage for officers granted excess leave for 
              educational purposes.
Sec. 534. Uniform policy regarding retention of members who are 
              permanently nonworldwide assignable.
Sec. 535. Authority to extend period for enlistment in regular 
              component under the delayed entry program.
Sec. 536. Career service reenlistments for members with at least 10 
              years of service.
Sec. 537. Revisions to missing persons authorities.
Sec. 538. Inapplicability of Soldiers' and Sailors' Civil Relief Act of 
              1940 to the period of limitations for filing claims for 
              corrections of military records.
Sec. 539. Medal of Honor for certain African-American soldiers who 
              served in World War II.

      Subtitle E--Commissioned Corps of the Public Health Service

Sec. 561. Applicability to Public Health Service of prohibition on 
              crediting cadet or midshipmen service at the service 
              academies.
Sec. 562. Exception to grade limitations for Public Health Service 
              officers assigned to the Department of Defense.

 Subtitle F--Defense Economic Adjustment, Diversification, Conversion, 
                           and Stabilization

Sec. 571. Authority to expand law enforcement placement program to 
              include firefighters.
Sec. 572. Troops-to-teachers program improvements.

                Subtitle G--Armed Forces Retirement Home

Sec. 581. References to Armed Forces Retirement Home Act of 1991.
Sec. 582. Acceptance of uncompensated services.
Sec. 583. Disposal of real property.
Sec. 584. Matters concerning personnel.
Sec. 585. Fees for residents.
Sec. 586. Authorization of appropriations.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Basic allowance for quarters for members assigned to sea 
              duty.
Sec. 605. Uniform applicability of discretion to deny an election not 
              to occupy Government quarters.
Sec. 606. Family separation allowance for members separated by military 
              orders from spouses who are members.
Sec. 607. Waiver of time limitations for claim for pay and allowances.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse 
              officer candidates, registered nurses, and nurse 
              anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses 
              and special pays.
Sec. 614. Increased special pay for dental officers of the Armed 
              Forces.
Sec. 615. Retention special pay for Public Health Service optometrists.
Sec. 616. Special pay for nonphysician health care providers in the 
              Public Health Service.
Sec. 617. Foreign language proficiency pay for Public Health Service 
              and National Oceanic and Atmospheric Administration 
              officers.

            Subtitle C--Travel and Transportation Allowances

Sec. 621. Round trip travel allowances for shipping motor vehicles at 
              Government expense.
Sec. 622. Option to store instead of transport a privately owned 
              vehicle at the expense of the United States.
Sec. 623. Deferral of travel with travel and transportation allowances 
              in connection with leave between consecutive overseas 
              tours.
Sec. 624. Funding for transportation of household effects of Public 
              Health Service officers.

    Subtitle D--Retired Pay, Survivor Benefits, and Related Matters

Sec. 631. Effective date for military retiree cost-of-living adjustment 
              for fiscal year 1998.
Sec. 632. Allotment of retired or retainer pay.
Sec. 633. Cost-of-living increases in SBP contributions to be effective 
              concurrently with payment of related retired pay cost-of-
              living increases.
Sec. 634. Annuities for certain military surviving spouses.
Sec. 635. Adjusted annual income limitation applicable to eligibility 
              for income supplement for certain widows of members of 
              the uniformed services.

                       Subtitle E--Other Matters

Sec. 641. Reimbursement for adoption expenses incurred in adoptions 
              through private placements.
Sec. 642. Waiver of recoupment of amounts withheld for tax purposes 
              from certain separation pay received by involuntarily 
              separated members and former members of the Armed Forces.

                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Implementation of requirement for Selected Reserve dental 
              insurance plan.
Sec. 702. Dental insurance plan for military retirees and certain 
              dependents.
Sec. 703. Uniform composite health care system software.
Sec. 704. Clarification of applicability of CHAMPUS payment rules to 
              private CHAMPUS providers for care provided to enrollees 
              in health care plans of Uniformed Services Treatment 
              Facilities.
Sec. 705. Enhancement of third-party collection and secondary payer 
              authorities under CHAMPUS.
Sec. 706. Codification of authority to credit CHAMPUS collections to 
              program accounts.
Sec. 707. Comptroller General review of health care activities of the 
              Department of Defense relating to Persian Gulf illnesses.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Modification of authority to carry out certain prototype 
              projects.
Sec. 804. Revisions to the program for the assessment of the national 
              defense technology and industrial base.
Sec. 805. Procurements to be made from small arms industrial base 
              firms.
Sec. 806. Exception to prohibition on procurement of foreign goods.
Sec. 807. Treatment of Department of Defense cable television franchise 
              agreements.
Sec. 808. Remedies for reprisals against contractor employee 
              whistleblowers.
Sec. 809. Implementation of information technology management reform.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                      Subtitle A--General Matters

Sec. 901. Repeal of reorganization of Office of Secretary of Defense.
Sec. 902. Codification of requirements relating to continued operation 
              of the Uniformed Services University of the Health 
              Sciences.
Sec. 903. Codification of requirement for United States Army Reserve 
              Command.

[[Page S6316]]

Sec. 904. Transfer of authority to control transportation systems in 
              time of war.
[Sec. 905. Executive oversight of defense human intelligence personnel.
[Sec. 906. Coordination of defense intelligence programs and 
              activities.]
Sec. [907.] 905. Redesignation of Office of Naval Records and History 
              Fund and correction of related references.
Sec. 906. Role of Director of Central Intelligence in appointment and 
              evaluation of certain intelligence officials.

            Subtitle B--National Imagery and Mapping Agency

Sec. 911. Short title.
Sec. 912. Findings.

                         Part I--Establishment

Sec. 921. Establishment, missions, and authority.
Sec. 922. Transfers.
Sec. 923. Compatibility with authority under the National Security Act 
              of 1947.
Sec. 924. Other personnel management authorities.
Sec. 925. Creditable civilian service for career conditional employees 
              of the Defense Mapping Agency.
Sec. 926. Saving provisions.
Sec. 927. Definitions.
Sec. 928. Authorization of appropriations.

           Part II--Conforming Amendments and Effective Dates

Sec. 931. Redesignation and repeals.
Sec. 932. References.
Sec. 933. Headings and clerical amendments.
Sec. 934. Effective dates.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year 
              1996 defense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations 
              for fiscal year 1996.
Sec. 1004. Use of funds transferred to the Coast Guard.
Sec. 1005. Use of military-to-military contacts funds for professional 
              military education and training.
Sec. 1006. Payment of certain expenses relating to humanitarian and 
              civic assistance.
[Sec. 1007. Prohibition on expenditure of Department of Defense funds 
              by officials outside the department.]
Sec. [1008.] 1007. Prohibition on use of funds for Office of Naval 
              Intelligence representation or related activities.
Sec. [1009.] 1008. Reimbursement of Department of Defense for costs of 
              disaster assistance provided outside the United States.
Sec. [1010.] 1009. Fisher House Trust Fund for the Navy.
Sec. [1011.] 1010. Designation and liability of disbursing and 
              certifying officials for the Coast Guard.
Sec. [1012.] 1011. Authority to suspend or terminate collection actions 
              against deceased members of the Coast Guard.
Sec. [1013.] 1012. Check cashing and exchange transactions with credit 
              unions outside the United States.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1021. Authority to transfer naval vessels.
Sec. 1022. Transfer of certain obsolete tugboats of the Navy.
Sec. 1023. Repeal of requirement for continuous applicability of 
              contracts for phased maintenance of AE class ships.
Sec. 1024. Contract options for LMSR vessels.

                  Subtitle C--Counter-Drug Activities

Sec. 1031. Authority to provide additional support for counter-drug 
              activities of Mexico.
Sec. 1032. Limitation on defense funding of the National Drug 
              Intelligence Center.
Sec. 1033. Investigation of the National Drug Intelligence Center.

           Subtitle D--Matters Relating to Foreign Countries

Sec. 1041. Agreements for exchange of defense personnel between the 
              United States and foreign countries.
Sec. 1042. Authority for reciprocal exchange of personnel between the 
              United States and foreign countries for flight training.
Sec. 1043. Extension of counterproliferation authorities.

            Subtitle E--Miscellaneous Reporting Requirements

Sec. 1051. Annual report on emerging operational concepts.
Sec. 1052. Annual joint warfighting science and technology plan.
Sec. 1053. Report on military readiness requirements of the Armed 
              Forces.

                       Subtitle F--Other Matters

Sec. 1061. Uniform Code of Military Justice amendments.
Sec. 1062. Limitation on retirement or dismantlement of strategic 
              nuclear delivery systems.
Sec. 1063. Correction of references to Department of Defense 
              organizations.
Sec. 1064. Authority of certain members of the Armed Forces to perform 
              notarial or consular acts.
Sec. 1065. Training of members of the uniformed services at non-
              Government facilities.
Sec. 1066. Third-party liability to United States for tortious 
              infliction of injury or disease on members of the 
              uniformed services.
Sec. 1067. Display of State flags at installations and facilities of 
              the Department of Defense.
Sec. 1068. George C. Marshall European Center for Strategic Security 
              Studies.
Sec. 1069. Authority to award to civilian participants in the defense 
              of Pearl Harbor the Congressional medal previously 
              authorized only for military participants in the defense 
              of Pearl Harbor.
Sec. 1070. Michael O'Callaghan Federal Hospital, Las Vegas, Nevada.
Sec. 1071. Naming of building at the Uniformed Services University of 
              the Health Sciences.

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

         Subtitle A--Personnel Management, Pay, and Allowances

Sec. 1101. Scope of requirement for conversion of military positions to 
              civilian positions.
Sec. 1102. Retention of civilian employee positions at military 
              training bases transferred to National Guard.
Sec. 1103. Clarification of limitation on furnishing clothing or paying 
              a uniform allowance to enlisted National Guard 
              technicians.
Sec. 1104. Travel expenses and health care for civilian employees of 
              the Department of Defense abroad.
Sec. 1105. Travel, transportation, and relocation allowances for 
              certain former nonappropriated fund employees.
Sec. 1106. Employment and salary practices applicable to Department of 
              Defense overseas teachers.
Sec. 1107. Employment and compensation of civilian faculty members at 
              certain Department of Defense schools.
Sec. 1108. Reimbursement of Department of Defense domestic dependent 
              school board members for certain expenses.
Sec. 1109. Extension of authority for civilian employees of Department 
              of Defense to participate voluntarily in reductions in 
              force.
Sec. 1110. Compensatory time off for overtime work performed by wage-
              board employees.
Sec. 1111. Liquidation of restored annual leave that remains unused 
              upon transfer of employee from installation being closed 
              or realigned.
Sec. 1112. Waiver of requirement for repayment of voluntary separation 
              incentive pay by former Department of Defense employees 
              reemployed by the Government without pay.
Sec. 1113. Federal holiday observance rules for Department of Defense 
              employees.
Sec. 1114. Revision of certain travel management authorities.

 Subtitle B--Defense Economic Adjustment, Diversification, Conversion, 
                           and Stabilization

Sec. 1121. Pilot programs for defense employees converted to contractor 
              employees due to privatization at closed military 
              installations.
Sec. 1122. Troops-to-teachers program improvements applied to civilian 
              personnel.

      TITLE XII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION

Sec. 1201. Recognition and grant of Federal charter.
Sec. 1202. Powers.
Sec. 1203. Purposes.
Sec. 1204. Service of process.
Sec. 1205. Membership.
Sec. 1206. Board of directors.
Sec. 1207. Officers.
Sec. 1208. Restrictions.
Sec. 1209. Liability.
Sec. 1210. Maintenance and inspection of books and records.
Sec. 1211. Audit of financial transactions.
Sec. 1212. Annual report.
Sec. 1213. Reservation of right to amend or repeal charter.
Sec. 1214. Tax-exempt status.
Sec. 1215. Termination.
Sec. 1216. Definition.

            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.

[[Page S6317]]

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Defense access roads.
Sec. 2205. Authorization of appropriations, Navy.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Redesignation of North Atlantic Treaty Organization 
              Infrastructure program.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993 
              projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992 
              projects.
Sec. 2705. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Increase in certain thresholds for unspecified minor 
              construction projects.
Sec. 2802. Clarification of authority to improve military family 
              housing.
Sec. 2803. Authority to grant easements for rights-of-way.

            Subtitle B--Defense Base Closure and Realignment

Sec. 2811. Restoration of authority under 1988 base closure law to 
              transfer property and facilities to other entities in the 
              Department of Defense.
Sec. 2812. Disposition of proceeds from disposal of commissary stores 
              and nonappropriated fund instrumentalities at 
              installations being closed or realigned.
Sec. 2813. Agreements for services at installations after closure.

                      Subtitle C--Land Conveyances

Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington, 
              Virginia.
Sec. 2822. Land transfer, Potomac Annex, District of Columbia.
Sec. 2823. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2824. Land conveyance, former Naval Reserve Facility, Lewes, 
              Delaware.
Sec. 2825. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, 
              South Dakota.
Sec. 2826. Conveyance of primate research complex, Holloman Air Force 
              Base, New Mexico.
Sec. 2827. Demonstration project for installation and operation of 
              electric power distribution system at Youngstown Air 
              Reserve Station, Ohio.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
              activities.
Sec. 3127. Funds available for all national security programs of the 
              Department of Energy.
Sec. 3128. Availability of funds.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Tritium production.
Sec. 3132. Modernization and consolidation of tritium recycling 
              facilities.
Sec. 3133. Modification of requirements for manufacturing 
              infrastructure for refabrication and certification of 
              nuclear weapons stockpile.
Sec. 3134. Limitation on use of funds for certain research and 
              development purposes.
Sec. 3135. Accelerated schedule for isolating high-level nuclear waste 
              at the Defense Waste Processing Facility, Savannah River 
              Site.
Sec. 3136. Processing of high-level nuclear waste and spent nuclear 
              fuel rods.
Sec. 3137. Fellowship program for development of skills critical to 
              Department of Energy nuclear weapons complex.

                       Subtitle D--Other Matters

Sec. 3151. Requirement for annual five-year budget for the national 
              security programs of the Department of Energy.
Sec. 3152. Requirements for Department of Energy weapons activities 
              budgets for fiscal years after fiscal year 1997.
Sec. 3153. Repeal of requirement relating to accounting procedures for 
              Department of Energy funds.
Sec. 3154. Plans for activities to process nuclear materials and clean 
              up nuclear waste at the Savannah River Site.
Sec. 3155. Update of report on nuclear test readiness postures.
Sec. 3156. Reports on critical difficulties at nuclear weapons 
              laboratories and nuclear weapons production plants.
Sec. 3157. Extension of applicability of notice-and-wait requirement 
              regarding proposed cooperation agreements.
Sec. 3158. Redesignation of Defense Environmental Restoration and Waste 
              Management Program as Defense Nuclear Waste Management 
              Program.
Sec. 3159. Commission on Maintaining United States Nuclear Weapons 
              Expertise.
Sec. 3160. Sense of Senate regarding reliability and safety of 
              remaining nuclear forces.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of certain materials in National Defense Stockpile.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures in accordance with other laws.

     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, $1,508,515,000.
       (2) For missiles, $1,160,829,000.
       (3) For weapons and tracked combat vehicles, 
     $1,460,115,000.
       (4) For ammunition, $1,156,728,000.
       (5) For other procurement, $3,298,940,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 1997 for procurement for the Navy as follows:
       (1) For aircraft, $6,911,352,000.
       (2) For weapons, including missiles and torpedoes, 
     $1,513,263,000.
       (3) For shipbuilding and conversion, $6,567,330,000.
       (4) For other procurement, $3,005,040,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 1997 for procurement for the 
     Marine Corps in the amount of $816,107,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for procurement for the Air Force as follows:
       (1) For aircraft, $7,003,528,000.
       (2) For missiles, $2,847,177,000.
       (3) For other procurement, $5,880,519,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for Defense-wide procurement in the amount of 
     $1,908,012,000.

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     SEC. 105. RESERVE COMPONENTS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for procurement of aircraft, vehicles, 
     communications equipment, and other equipment for the reserve 
     components of the Armed Forces as follows:
       (1) For the Army National Guard, $224,000,000.
       (2) For the Air National Guard, $305,800,000.
       (3) For the Army Reserve, $90,000,000.
       (4) For the Naval Reserve, $40,000,000.
       (5) For the Air Force Reserve, $40,000,000.
       (6) For the Marine Corps Reserve, $60,000,000.

     SEC. 106. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for procurement for the Inspector General of the 
     Department of Defense in the amount of $2,000,000.

     SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

       There is hereby authorized to be appropriated for fiscal 
     year 1997 the amount of $802,847,000 for--
       (1) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.

     SEC. 108. DEFENSE HEALTH PROGRAM.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for the Department of Defense for procurement for 
     carrying out health care programs, projects, and activities 
     of the Department of Defense in the total amount of 
     $269,470,000.

     SEC. 109. DEFENSE NUCLEAR AGENCY.

       Of the amounts authorized to be appropriated for the 
     Department of Defense under section 104, $7,900,000 shall be 
     available for the Defense Nuclear Agency.
                       Subtitle B--Army Programs

     SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE SYSTEM.

       The Secretary of the Army may, in accordance with section 
     2306b of title 10, United States Code, enter into multiyear 
     procurement contracts for the procurement of the Javelin 
     missile system.

     SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILITARIZATION 
                   CITIZENS' ADVISORY COMMISSIONS.

       Subsections (b) and (f) of section 172 of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 106 Stat. 2341; 50 U.S.C. 1521 note) are each 
     amended by striking out ``Assistant Secretary of the Army 
     (Installations, Logistics and Environment)'' and inserting in 
     lieu thereof ``Assistant Secretary of the Army (Research, 
     Development and Acquisition)''.
                       Subtitle C--Navy Programs

     SEC. 121. EA-6B AIRCRAFT REACTIVE JAMMER PROGRAM.

       (a) Limitation.--None of the funds appropriated pursuant to 
     section 102(a)(1) for modifications or upgrades of EA-6B 
     aircraft may be obligated, other than for a reactive jammer 
     program for such aircraft, until 30 days after the date on 
     which the Secretary of the Navy submits to the congressional 
     defense committees in writing--
       (1) a certification that some or all of such funds have 
     been obligated for a reactive jammer program for EA-6B 
     aircraft; and
       (2) a report that sets forth a detailed, well-defined 
     program for--
       (A) developing a reactive jamming capability for EA-6B 
     aircraft; and
       (B) upgrading the EA-6B aircraft of the Navy to incorporate 
     the reactive jamming capability.
       (b) Contingent Transfer of Funds to Air Force.--(1) If the 
     Secretary of the Navy has not submitted the certification and 
     report described in subsection (a) to the congressional 
     defense committees before June 1, 1997, then, on that date, 
     the Secretary of Defense shall transfer to Air Force, out of 
     appropriations available to the Navy for fiscal year 1997 for 
     procurement of aircraft, the amount equal to the amount 
     appropriated to the Navy for fiscal year 1997 for 
     modifications and upgrades of EA-6B aircraft.
       (2) Funds transferred to the Air Force pursuant to 
     paragraph (1) shall be available for maintaining and 
     upgrading the jamming capability of EF-111 aircraft.

     SEC. 122. PENGUIN MISSILE PROGRAM.

       (a) Multiyear Procurement Authority.--The Secretary of the 
     Navy may, in accordance with section 2306b of title 10, 
     United States Code, enter into multiyear procurement 
     contracts for the procurement of not more than 106 Penguin 
     missile systems.
       (b) Limitation on Total Cost.--The total amount obligated 
     or expended for procurement of Penguin missile systems under 
     contracts under subsection (a) may not exceed $84,800,000.

     SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.

       (a) Amounts Authorized.--(1) Of the amount authorized to be 
     appropriated by section 102(a)(3)--
       (A) $804,100,000 shall be available for construction of the 
     third vessel (designated SSN-23) in the Seawolf attack 
     submarine class;
       (B) $296,200,000 shall be available for long-lead and 
     advance construction and procurement of components for 
     construction of a submarine (previously designated by the 
     Navy as the New Attack Submarine) beginning in fiscal year 
     1998 to be built by Electric Boat Division; and
       (C) $701,000,000 shall be available for long-lead and 
     advance construction and procurement of components for 
     construction of a second submarine (previously designated by 
     the Navy as the New Attack Submarine) beginning in fiscal 
     year 1999 to be built by Newport News Shipbuilding.
       (2) Funds authorized to be appropriated by section 201(2) 
     for the design of the submarine previously designated by the 
     Navy as the New Attack Submarine 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.
       (b) Contracts Authorized.--(1) The Secretary of the Navy is 
     authorized, using funds available pursuant to subparagraphs 
     (B) and (C) of subsection (a)(1), to enter into contracts 
     with Electric Boat Division and Newport News Shipbuilding, 
     and suppliers of components, during fiscal year 1997 for--
       (A) the procurement of long-lead components for the 
     submarines referred to in such subparagraphs; and
       (B) advance construction of such components and other 
     components for such submarines.
       (2) The Secretary of the Navy may enter into a contract or 
     contracts under this section with the shipbuilder of the 
     submarine referred to in subsection (a)(1)(B) only if the 
     Secretary enters into a contract or contracts under this 
     section with the shipbuilder of the submarine referred to in 
     subsection (a)(1)(C).
       (c) Competition and Limitations on Obligations.--(1)(A) Of 
     the amounts made available pursuant to subsection (a)(1), not 
     more than $100,000,000 may be obligated or expended until the 
     Secretary of Defense certifies in writing to the Committee on 
     Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives that procurement of 
     nuclear attack submarines described in subparagraph (B) will 
     be provided for under one or more contracts that are entered 
     into after a competition between Electric Boat Division and 
     Newport News Shipbuilding in which the Secretary of the Navy 
     solicits competitive proposals and awards the contract or 
     contracts on the basis of price.
       (B) The submarines referred to in subparagraph (A) are 
     nuclear attack submarines that are to be constructed 
     beginning--
       (i) after fiscal year 1999; or
       (ii) if four submarines are to be procured as provided for 
     in the plan required under section 131(c) of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 209), after fiscal year 2001.
       (2) Of the amounts made available pursuant to subsection 
     (a)(1), not more than $100,000,000 may be obligated or 
     expended until the Under Secretary of Defense for Acquisition 
     and Technology submits to the committees referred to in 
     paragraph (1) a written report that describes in detail--
       (A) the oversight activities undertaken by the Under 
     Secretary up to the date of the report pursuant to section 
     131(b)(2)(C) of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 207), and the 
     plans for the future development and improvement of the 
     nuclear attack submarine program of the Navy;
       (B) the implementation of, and activities conducted under, 
     the program required to be established by the Director of the 
     Defense Advanced Research Projects Agency by section 131(i) 
     of such Act (110 Stat. 210) for the development and 
     demonstration of advanced submarine technologies and a rapid 
     prototype acquisition strategy for both land-based and at-sea 
     subsystem and system demonstrations of such technologies; and
       (C) all research, development, test, and evaluation 
     programs, projects, or activities within the Department of 
     Defense which, in the opinion of the Under Secretary, are 
     designed to contribute to the development and demonstration 
     of advanced submarine technologies leading to a more capable, 
     more affordable nuclear attack submarine, together with a 
     specific identification of ongoing involvement, and plans for 
     future involvement, in any such program, project, or activity 
     by Electric Boat Division, Newport News Shipbuilding, or 
     both.
       (d) References to Shipbuilders.--For purposes of this 
     section--
       (1) the shipbuilder referred to as ``Electric Boat 
     Division'' is the Electric Boat Division of the General 
     Dynamics Corporation; and
       (2) the shipbuilder referred to as ``Newport News 
     Shipbuilding'' is the Newport News Shipbuilding and Drydock 
     Company.

     SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

       (a) Funding.--(1) Subject to paragraph (3), funds 
     authorized to be appropriated by section 102(a)(3) may be 
     made available for contracts entered into in fiscal year 1996 
     under subsection (b)(1) of section 135 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 211) for construction for the third of the 
     three Arleigh Burke class destroyers covered by that 
     subsection. Such funds are in addition to amounts made 
     available for such contracts by the second sentence of 
     subsection (a) of that section.
       (2) Subject to paragraph (3), funds authorized to be 
     appropriated by section 102(a)(3) may be made available for 
     contracts entered

[[Page S6319]]

     into in fiscal year 1997 under subsection (b)(2) of such 
     section 135 for construction (including advance procurement) 
     for the Arleigh Burke class destroyers covered by such 
     subsection (b)(2).
       (3) The aggregate amount of funds available under 
     paragraphs (1) and (2) for contracts referred to in such 
     paragraphs may not exceed $3,483,030,000.
       (4) Within the amount authorized to be appropriated by 
     section 102(a)(3), $750,000,000 is authorized to be 
     appropriated for advance procurement for construction for the 
     Arleigh Burke class destroyers authorized by subsection (b).
       (b) Authority for Procurement of Twelve Vessels.--The 
     Secretary of the Navy is authorized to construct 12 Arleigh 
     Burke class destroyers in accordance with subsections (c) and 
     (d).
       (c) Contracts.--(1) The Secretary is authorized, in fiscal 
     year 1998, to enter into contracts for the construction of 
     three Arleigh Burke class destroyers covered by subsection 
     (b), subject to the availability of appropriations for such 
     destroyers.
       (2) The Secretary is authorized, in fiscal year 1999, to 
     enter into contracts for the construction of three Arleigh 
     Burke class destroyers covered by subsection (b), subject to 
     the availability of appropriations for such destroyers. The 
     destroyers covered by this paragraph are in addition to the 
     destroyers covered by paragraph (1).
       (3) The Secretary is authorized, in fiscal year 2000, to 
     enter into contracts for the construction of three Arleigh 
     Burke class destroyers covered by subsection (b), subject to 
     the availability of appropriations for such destroyers. The 
     destroyers covered by this paragraph are in addition to the 
     destroyers covered by paragraphs (1) and (2).
       (4) The Secretary is authorized, in fiscal year 2001, to 
     enter into contracts for the construction of three Arleigh 
     Burke class destroyers covered by subsection (b), subject to 
     the availability of appropriations for such destroyers. The 
     destroyers covered by this paragraph are in addition to the 
     destroyers covered by paragraphs (1), (2), and (3).
       (d) Use of Available Funds.--(1) Subject to paragraph (2), 
     the Secretary may take appropriate actions to use for full 
     funding of a contract entered into in accordance with 
     subsection (c)--
       (A) any funds that, having been appropriated for 
     shipbuilding and conversion programs of the Navy other than 
     Arleigh Burke class destroyer programs pursuant to the 
     authorization in section 102(a)(3), become excess to the 
     needs of the Navy for such programs by reason of cost savings 
     achieved for such programs;
       (B) any unobligated funds that are available to the 
     Secretary for shipbuilding and conversion for any fiscal year 
     before fiscal year 1997; and
       (C) any funds that are appropriated after the date of the 
     enactment of the Department of Defense Appropriations Act, 
     1997, to complete the full funding of the contract.
       (2) The Secretary may not, in the exercise of authority 
     provided in subparagraph (A) or (B) of paragraph (1), 
     obligate funds for a contract entered into in accordance with 
     subsection (c) until 30 days after the date on which the 
     Secretary submits to the congressional defense committees in 
     writing a notification of the intent to obligate the funds. 
     The notification shall set forth the source or sources of the 
     funds and the amount of the funds from each such source that 
     is to be so obligated.
                     Subtitle D--Air Force Programs

     SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE C-17 
                   AIRCRAFT PROGRAM.

       (a) Multiyear Contracts Authorized.--The Secretary of the 
     Air Force may, pursuant to section 2306b of title 10, United 
     States Code (except as provided in subsection (b)(1)), enter 
     into one or more multiyear contracts for the procurement of 
     not more than a total of 80 C-17 aircraft.
       (b) Contract Period.--(1) Notwithstanding section 2306b(k) 
     of title 10, United States Code, the period covered by a 
     contract entered into on a multiyear basis under the 
     authority of subsection (a) may exceed five years, but may 
     not exceed seven years.
       (2) Paragraph (1) shall not be construed as prohibiting the 
     Secretary of the Air Force from entering into a multiyear 
     contract for a period of less than seven years. In 
     determining to do so, the Secretary shall consider whether--
       (A) sufficient funding is provided for in the future-years 
     defense program for procurement, within the shorter period, 
     of the total number of aircraft to be procured (within the 
     number set forth in subsection (a)); and
       (B) the contractor is capable of delivering that total 
     number of aircraft within the shorter period.
       (c) Option To Convert to One-Year Procurements.--Each 
     multiyear contract for the procurement of C-17 aircraft 
     authorized by subsection (a) shall include a clause that 
     permits the Secretary of the Air Force--
       (1) to terminate the contract as of September 30, 1998, 
     without a modification in the price of each aircraft and 
     without incurring any obligation to pay the contractor 
     termination costs; and
       (2) to then enter into follow-on one-year contracts with 
     the contractor for the procurement of C-17 aircraft (within 
     the total number of aircraft authorized under subsection (a)) 
     at a negotiated price that is not to exceed the price that is 
     negotiated before September 30, 1998, for the annual 
     production contract for the C-17 aircraft in lot VIII and 
     subsequent lots.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $4,958,140,000.
       (2) For the Navy, $9,041,534,000.
       (3) For the Air Force, $14,788,356,000.
       (4) For Defense-wide activities, $9,662,542,000, of which--
       (A) $252,038,000 is authorized for the activities of the 
     Director, Test and Evaluation; and
       (B) $21,968,000 is authorized for the Director of 
     Operational Test and Evaluation.

     SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY 
                   DEVELOPMENT.

       (a) Fiscal Year 1997.--Of the amounts authorized to be 
     appropriated by section 201, $4,005,787,000 shall be 
     available for basic research and exploratory development 
     projects.
       (b) Basic Research and Exploratory Development Defined.--
     For purposes of this section, the term ``basic research and 
     exploratory development'' means work funded in program 
     elements for defense research and development under 
     Department of Defense category 6.1 or 6.2.

     SEC. 203. DEFENSE NUCLEAR AGENCY.

       Of the amounts authorized to be appropriated for the 
     Department of Defense under section 201, $221,330,000 shall 
     be available for the Defense Nuclear Agency.
    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. SPACE LAUNCH MODERNIZATION.

       (a) Funding.--Funds appropriated pursuant to the 
     authorization of appropriations in section 201(3) are 
     authorized to be made available for space launch 
     modernization for purposes and in amounts as follows:
       (1) For the Evolved Expendable Launch Vehicle program, 
     $44,457,000.
       (2) For a competitive reusable launch vehicle technology 
     program, $25,000,000.
       (b) Limitations.--(1) Of the funds made available for the 
     reusable launch vehicle technology program pursuant to 
     subsection (a)(2), the total amount obligated for such 
     purpose may not exceed the total amount allocated in the 
     fiscal year 1997 current operating plan of the National 
     Aeronautics and Space Administration for the Reusable Space 
     Launch program of the National Aeronautics and Space 
     Administration.
       (2) None of the funds made available for the Evolved 
     Expendable Launch Vehicle program pursuant to subsection 
     (a)(1) may be obligated until the Secretary of Defense 
     certifies to Congress that the Secretary has made available 
     for obligation the funds, if any, that are made available for 
     the reusable launch vehicle technology program pursuant to 
     subsection (a)(2).

     SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.

       (a) Required Program Element.--The Secretary of Defense 
     shall include the kinetic energy tactical anti-satellite 
     program of the Department of Defense as an element of the 
     space control architecture being developed by the Department 
     of Defense Space Architect.
       (b) Limitation on Use of Funds.--None of the funds 
     authorized to be appropriated pursuant to this Act, or 
     otherwise made available to the Department of Defense for 
     fiscal year 1997, may be obligated or expended for the 
     Department of Defense Space Architect until the Secretary of 
     Defense certifies to Congress that--
       (1) the Secretary is complying with the requirement in 
     subsection (a);
       (2) funds appropriated for the kinetic energy tactical 
     anti-satellite program for fiscal year 1996 have been 
     obligated in accordance with section 218 of Public Law 104-
     106 and the Joint Explanatory Statement of the Committee of 
     Conference accompanying S. 1124 (House Report 104-450 (104th 
     Congress, second session)); and
       (3) the Secretary has made available for obligation the 
     funds appropriated for the kinetic energy tactical anti-
     satellite program for fiscal year 1997 in accordance with 
     this Act.

     SEC. 213. SPACE-BASED INFRARED SYSTEM PROGRAM.

       (a) Funding.--Funds appropriated pursuant to the 
     authorization of appropriations in section 201(3) are 
     authorized to be made available for the Space-Based Infrared 
     System program for purposes and in amounts as follows:
       (1) For Space Segment High, $192,390,000.
       (2) For Space Segment Low (the Space and Missile Tracking 
     System), $247,221,000.
       (3) For Cobra Brass, $6,930,000.
       (b) Conditional Transfer of Management Oversight.--Not 
     later than 30 days after the date of the enactment of this 
     Act, the Secretary of Defense shall transfer the management 
     oversight responsibilities for the Space and Missile Tracking 
     System from the Secretary of the Air Force to the Director of 
     the Ballistic Missile Defense Organization.
       (c) Certification.--If, within the 30-day period described 
     in subsection (b), the Secretary of Defense submits to 
     Congress a certification that the Secretary has established a 
     program baseline for the Space-Based Infrared System that 
     satisfies the requirements of section 216(a) of Public Law 
     104-106 (110 Stat. 220), then subsection (b) of this section 
     shall cease to be effective on the date on

[[Page S6320]]

     which the Secretary submits the certification.

     SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.

       Section 132 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 210) is 
     repealed.

     SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.

       (a) Amount for Program.--Of the amount authorized to be 
     appropriated under section 201(3), $50,000,000 shall be 
     available for the Clementine 2 micro-satellite near-Earth 
     asteroid interception mission.
       (b) Limitation.--None of the funds authorized to be 
     appropriated pursuant to this Act for the global positioning 
     system (GPS) Block II F Satellite system may be obligated 
     until the Secretary of Defense certifies to Congress that--
       (1) funds appropriated for fiscal year 1996 for the 
     Clementine 2 Micro-Satellite development program have been 
     obligated in accordance with Public Law 104-106 and the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying S. 1124 (House Report 104-450 (104th Congress, 
     second session)); and
       (2) the Secretary has made available for obligation the 
     funds appropriated for fiscal year 1997 for the Clementine 2 
     micro-satellite development program in accordance with this 
     section.

     SEC. 216. TACTICAL UNMANNED AERIAL VEHICLE PROGRAM.

       No official of the Department of Defense may enter into a 
     contract for the procurement of (including advance 
     procurement for) a higher number of Dark Star (tier III) low 
     observable, high altitude endurance unmanned aerial vehicles 
     than is necessary to complete procurement of a total of three 
     such vehicles until flight testing has been completed.

     SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.

       (a) Report Required.--The Secretary of Defense shall submit 
     to Congress a report comparing the Predator unmanned aerial 
     vehicle program with the Dark Star (tier III) low observable, 
     high altitude endurance unmanned aerial vehicle program. The 
     report shall contain the following:
       (1) A comparison of the capabilities of the Predator 
     unmanned aerial vehicle with the capabilities of the Dark 
     Star unmanned aerial vehicle.
       (2) A comparison of the costs of the Predator program with 
     the costs of the Dark Star program.
       (3) A recommendation on which program should be funded in 
     the event that funds are authorized to be appropriated, and 
     are appropriated, for only one of the two programs in the 
     future.
       (b) Limitation on Use of Funds Pending Submission of 
     Report.--Funds appropriated pursuant to section 104 may not 
     be obligated for any contract to be entered into after the 
     date of the enactment of this Act for the procurement of 
     Predator unmanned aerial vehicles until the date that is 60 
     days after the date on which the Secretary of Defense submits 
     the report required by subsection (a).

     SEC. 218. COST ANALYSIS OF F-22 AIRCRAFT PROGRAM.

       (a) Review of Program.--The Secretary of Defense shall 
     direct the Cost Analysis Improvement Group in the Office of 
     the Secretary of Defense to review the F-22 aircraft program, 
     analyze and estimate the production costs of the program, and 
     submit to the Secretary a report on the results of the 
     review.
       (b) Report.--Not later than March 30, 1997, the Secretary 
     shall transmit to the congressional defense committees the 
     report prepared under paragraph (1), together with the 
     Secretary's views on the matters covered by the report.
       (c) Limitation on Use of Funds Pending Submission of 
     Report.--Not more than 92 percent of the funds appropriated 
     for the F-22 aircraft program pursuant to the authorization 
     of appropriations in section 103(1) may be expended until the 
     Secretary of Defense submits the report required by 
     subsection (b).

     SEC. 219. F-22 AIRCRAFT PROGRAM REPORTS.

       (a) Annual Report.--(1) At the same time as the President 
     submits the budget for a fiscal year to Congress pursuant to 
     section 1105(a) of title 31, United States Code, the 
     Secretary of Defense shall submit to Congress a report on 
     event-based decisionmaking for the F-22 aircraft program for 
     that fiscal year. The Secretary shall submit the report for 
     fiscal year 1997 not later than October 1, 1996.
       (2) The report for a fiscal year shall include the 
     following:
       (A) A discussion of each decision (known as an ``event-
     based decision'') that is expected to be made during that 
     fiscal year regarding whether the F-22 program is to proceed 
     into a new phase or into a new administrative subdivision of 
     a phase.
       (B) The criteria (known as ``exit criteria'') to be 
     applied, for purposes of making the event-based decision, in 
     determining whether the F-22 aircraft program has 
     demonstrated the specific progress necessary for proceeding 
     into the new phase or administrative subdivision of a phase.
       (b) Report on Event-Based Decisions.--Not later than 30 
     days after an event-based decision has been made for the F-22 
     aircraft program, the Secretary of Defense shall submit to 
     Congress a report on the decision. The report shall include 
     the following:
       (1) A discussion of the commitments made, and the 
     commitments to be made, under the program as a result of the 
     decision.
       (2) The exit criteria applied for purposes of the decision.
       (3) How, in terms of the exit criteria, the program 
     demonstrated the specific progress justifying the decision.

     SEC. 220. NONLETHAL WEAPONS AND TECHNOLOGIES PROGRAMS.

       (a) Funding.--Of the amount authorized to be appropriated 
     under section 201(2), $15,000,000 shall be available for 
     joint service research, development, test, and evaluation of 
     nonlethal weapons and nonlethal technologies under the 
     program element established pursuant to subsection (b).
       (b) New Program Element Required.--The Secretary of Defense 
     shall establish a new program element for the funds 
     authorized to be appropriated under subsection (a). The funds 
     within that program element shall be administered by the 
     executive agent designated for joint service research, 
     development, test, and evaluation of nonlethal weapons and 
     nonlethal technologies.
       (c) Limitation Pending Release of Funds.--(1) None of the 
     funds authorized to be appropriated for the Department of 
     Defense for fiscal year 1997 for foreign comparative testing 
     (program element 605130D) may be obligated until the funds 
     authorized to be appropriated in section 219(d) of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 223) are released for 
     obligation by the executive agent referred to in subsection 
     (b).
       (2) Not more than 50 percent of the funds authorized to be 
     appropriated for the Department of Defense for fiscal year 
     1997 for NATO research and development (program element 
     603790D) may be obligated until the funds authorized to be 
     appropriated in subsection (a) are released for obligation by 
     the executive agent referred to in subsection (b).

     SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.

       (a) Funding.--Of the funds authorized to be appropriated to 
     the Department of Defense under section 201(4), $176,200,000 
     shall be available for the Counterproliferation Support 
     Program, of which $75,000,000 shall be available for a 
     tactical antisatellite technologies program.
       (b) Additional Authority To Transfer Authorizations.--(1) 
     In addition to the transfer authority provided in section 
     1001, upon determination by the Secretary of Defense that 
     such action is necessary in the national interest, the 
     Secretary may transfer amounts of authorizations made 
     available to the Department of Defense in this division for 
     fiscal year 1997 to counterproliferation programs, projects, 
     and activities identified as areas for progress by the 
     Counterproliferation Program Review Committee established by 
     section 1605 of the National Defense Authorization Act for 
     Fiscal Year 1994 (22 U.S.C. 2751 note). Amounts of 
     authorizations so transferred shall be merged with and be 
     available for the same purposes as the authorization to which 
     transferred.
       (2) The total amount of authorizations transferred under 
     the authority of this subsection may not exceed $50,000,000.
       (3) The authority provided by this subsection to transfer 
     authorizations--
       (A) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (B) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (4) A transfer made from one account to another under the 
     authority of this subsection shall be deemed to increase the 
     amount authorized for the account to which the amount is 
     transferred by an amount equal to the amount transferred.
       (5) The Secretary of Defense shall promptly notify Congress 
     of transfers made under the authority of this subsection.
       (c) Limitation on Use of Funds for Technical Studies and 
     Analyses Pending Release of Funds.--(1) None of the funds 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 1997 for program element 605104D, relating to 
     technical studies and analyses, may be obligated or expended 
     until the funds referred to in paragraph (2) have been 
     released to the program manager of the tactical anti-
     satellite technology program for implementation of that 
     program.
       (2) The funds for release referred to in paragraph (1) are 
     as follows:
       (A) Funds authorized to be appropriated by section 218(a) 
     of the National Defense Authorization Act for Fiscal Year 
     1996 (Public Law 104-106; 110 Stat. 222) that are available 
     for the program referred to in paragraph (1).
       (B) Funds authorized to be appropriated to the Department 
     for fiscal year 1997 by this Act for the Counterproliferation 
     Support Program that are to be made available for that 
     program.

     SEC. 222. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS 
                   AND UNIVERSITY-AFFILIATED RESEARCH CENTERS.

       (a) Centers Covered.--Funds authorized to be appropriated 
     for the Department of Defense for fiscal year 1997 under 
     section 201 may be obligated to procure work from a federally 
     funded research and development center (in this section 
     referred to as an ``FFRDC'') or a university-affiliated 
     research center (in this section referred to as a ``UARC'') 
     only in the case of a center named in the report required by 
     subsection (b) and, in the case of such a center, only in an

[[Page S6321]]

     amount not in excess of the amount of the proposed funding 
     level set forth for that center in such report.
       (b) Report on Allocations for Centers.--(1) Not later than 
     30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on National Security 
     of the House of Representatives a report containing--
       (A) the name of each FFRDC and UARC from which work is 
     proposed to be procured for the Department of Defense for 
     fiscal year 1997; and
       (B) for each such center, the proposed funding level and 
     the estimated personnel level for fiscal year 1997.
       (2) The total of the proposed funding levels set forth in 
     the report for all FFRDCs and UARCs may not exceed the amount 
     set forth in subsection (d).
       (c) Limitation Pending Submission of Report.--Not more than 
     15 percent of the funds authorized to be appropriated for the 
     Department of Defense for fiscal year 1997 for FFRDCs and 
     UARCs under section 201 may be obligated to procure work from 
     an FFRDC or UARC until the Secretary of Defense submits the 
     report required by subsection (b).
       (d) Funding.--Of the amounts authorized to be appropriated 
     by section 201, not more than a total of $1,668,850,000 may 
     be obligated to procure services from the FFRDCs and UARCs 
     named in the report required by subsection (b).
       (e) Authority To Waive Funding Limitation.--The Secretary 
     of Defense may waive the limitation regarding the maximum 
     funding amount that applies under subsection (a) to an FFRDC 
     or UARC. Whenever the Secretary proposes to make such a 
     waiver, the Secretary shall submit to the Committee on Armed 
     Services of the Senate and the Committee on National Security 
     of the House of Representatives notice of the proposed waiver 
     and the reasons for the waiver. The waiver may then be made 
     only after the end of the 60-day period that begins on the 
     date on which the notice is submitted to those committees, 
     unless the Secretary determines that it is essential to the 
     national security that funds be obligated for work at that 
     center in excess of that limitation before the end of such 
     period and notifies those committees of that determination 
     and the reasons for the determination.
                 Subtitle C--Ballistic Missile Defense

     SEC. 231. UNITED STATES COMPLIANCE POLICY REGARDING 
                   DEVELOPMENT, TESTING, AND DEPLOYMENT OF THEATER 
                   MISSILE DEFENSE SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Pursuant to article VI(a) of the ABM Treaty, the United 
     States is bound by the following obligations:
       (A) Not to give missiles, launchers, or radars (other than 
     antiballistic missile interceptor missiles, launchers, or 
     radars) capabilities to counter strategic ballistic missiles 
     or elements of strategic ballistic missiles in the flight 
     trajectory.
       (B) Not to test missiles, launchers, or radars (other than 
     antiballistic missile interceptor missiles, launchers, or 
     radars) in an antiballistic missile mode.
       (2) It is a sovereign right and obligation of the parties 
     to the ABM Treaty, on a unilateral basis, to establish 
     compliance standards to implement the obligations specified 
     in article VI(a) of the ABM Treaty.
       (3) From October 3, 1972 (the date on which the ABM Treaty 
     entered into force) to the present, the United States has 
     maintained unilateral compliance standards with regard to the 
     obligations specified in Article VI(a) of the ABM Treaty, and 
     those standards have changed over time to accommodate 
     evolving technical, political, and strategic circumstances.
       (4) Pursuant to article XIII of the ABM Treaty, the parties 
     established the Standing Consultative Commission in which to 
     ``consider questions concerning compliance with the 
     obligations assumed and related situations which may be 
     considered''.
       (b) Compliance Policy.--It is the policy of the United 
     States that unless a missile defense system, system upgrade, 
     or system component (including one that exploits data from 
     space-based or other external sensors) is flight tested in an 
     ABM-qualifying flight test (as defined in subsection (c)), 
     that system, system upgrade, or system component has not, for 
     purposes of the ABM Treaty, been tested in an ABM mode nor 
     been given capabilities to counter strategic ballistic 
     missiles and, therefore, is not subject to any application, 
     limitation, or obligation under the ABM Treaty.
       (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. 232. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN 
                   INTERNATIONAL AGREEMENT CONCERNING THEATER 
                   MISSILE DEFENSE SYSTEMS.

       (a) Prohibition on Funding.--Funds appropriated or 
     otherwise made available to the Department of Defense for 
     fiscal year 1997 may not be obligated or expended to 
     implement any agreement, or any understanding with respect to 
     interpretation of the ABM Treaty, between the United States 
     and any of the independent states of the former Soviet Union 
     entered into after January 1, 1995, that--
       (1) would establish a demarcation between theater missile 
     defense systems and anti-ballistic missile defense systems 
     for purposes of the ABM Treaty; or
       (2) would restrict the performance, operations, or 
     deployment of United States theater missile defense systems.
       (b) Exceptions.--Subsection (a) does not apply--
       (1) to the extent otherwise provided in a law that is 
     enacted after the date of the enactment of this Act; or
       (2) to expenditures to implement any agreement or 
     understanding described in subsection (a) that is entered 
     into in the exercise of the treaty-making power under the 
     Constitution.

     SEC. 233. CONVERSION OF ABM TREATY TO MULTILATERAL TREATY.

       (a) Fiscal Year 1997.--During fiscal year 1997, the United 
     States shall not be bound by any international agreement 
     entered into by the President that would substantively modify 
     the ABM Treaty, including any agreement that would add one or 
     more countries as signatories to the treaty or would 
     otherwise convert the treaty from a bilateral treaty to a 
     multilateral treaty, unless the agreement is entered pursuant 
     to the treaty making power of the President under the 
     Constitution.
       (b) Relationship to Other Law.--This section shall not be 
     construed as superseding section 232 of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 2701) for any fiscal year other than fiscal year 
     1997, including any fiscal year after fiscal year 1997.

     SEC. 234. FUNDING FOR UPPER TIER THEATER MISSILE DEFENSE 
                   SYSTEMS.

       (a) Funding.--Funds authorized to be appropriated under 
     section 201(4) shall be available for purposes and in amounts 
     as follows:
       (1) For the Theater High Altitude Area Defense (THAAD) 
     System, $621,798,000.
       (2) For the Navy Upper Tier (Theater Wide) system, 
     $304,171,000.
       (b) Limitation.--None of the funds appropriated or 
     otherwise made available for the Department of Defense 
     pursuant to this or any other Act may be obligated or 
     expended by the Office of the Under Secretary of Defense for 
     Acquisition and Technology for official representation 
     activities, or related activities, until the Secretary of 
     Defense certifies to Congress that--
       (1) the Secretary has made available for obligation the 
     funds provided under subsection (a) for the purposes 
     specified in that subsection and in the amounts appropriated 
     pursuant to that subsection; and
       (2) the Secretary has included the Navy Upper Tier theater 
     missile defense system in the theater missile defense core 
     program.

     SEC. 235. ELIMINATION OF REQUIREMENTS FOR CERTAIN ITEMS TO BE 
                   INCLUDED IN THE ANNUAL REPORT ON THE BALLISTIC 
                   MISSILE DEFENSE PROGRAM.

       Section 224(b) of the National Defense Authorization Act 
     for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note), is 
     amended--
       (1) by striking out paragraphs (3), (4), (7), (9), and 
     (10); and
       (2) by redesignating paragraphs (5), (6), and (8), as 
     paragraphs (3), (4), and (5), respectively.

     SEC. 236. ABM TREATY DEFINED.

       In this subtitle, the term ``ABM Treaty'' means the Treaty 
     Between the United States of America and the Union of Soviet 
     Socialist Republics on the Limitation of Anti-Ballistic 
     Missile Systems, signed in Moscow on May 26, 1972, with 
     related protocol, signed in Moscow on July 3, 1974.
                       Subtitle D--Other Matters

     SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.

       (a) Authority for Retroactive Waiver.--The Secretary of 
     Defense may, in accordance with section 2366(c) of title 10, 
     United States Code, waive for the F-22 aircraft program the 
     survivability tests required by that section, notwithstanding 
     that such program has entered full-scale engineering 
     development.
       (b) Reporting Requirement.--(1) If the Secretary of Defense 
     submits in accordance with section 2366(c)(1) of title 10, 
     United States Code, a certification that live-fire testing of 
     the F-22 aircraft would be unreasonably expensive and 
     impractical, the Secretary of Defense shall require that F-22 
     aircraft components and subsystems be made available for any 
     alternative live-fire test program.
       (2) The components and subsystem required by the Secretary 
     to be made available for such a program shall be components 
     that--
       (A) could affect the survivability of the F-22 aircraft; 
     and
       (B) are sufficiently large and realistic that meaningful 
     conclusions about the survivability of F-22 aircraft can be 
     drawn from the test results.
       (c) Funding.--Funds available for the F-22 aircraft program 
     may be used for carrying out any alternative live-fire 
     testing program for F-22 aircraft.

     SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V-22 AIRCRAFT.

       (a) Authority for Retroactive Waiver.--The Secretary of 
     Defense may, in accordance with section 2366(c) of title 10, 
     United States Code, waive for the V-22 aircraft program the 
     survivability tests required by that section, notwithstanding 
     that such program has entered engineering and manufacturing 
     development.
       (b) Alternative Survivability Test Requirements.--If the 
     Secretary of Defense submits in accordance with section 
     2366(c)(1) of title 10, United States Code, a certification 
     that live-fire testing of the V-22 aircraft would be 
     unreasonably expensive and

[[Page S6322]]

     impractical, the Secretary of Defense shall require that a 
     sufficient number of components critical to the survivability 
     of the V-22 aircraft be tested in an alternative live-fire 
     test program involving realistic threat environments that 
     meaningful conclusions about the survivability of V-22 
     aircraft can be drawn from the test results.
       (c) Funding.--Funds available for the V-22 aircraft program 
     may be used for carrying out any alternative live-fire 
     testing program for V-22 aircraft.
             Subtitle E--National Oceanographic Partnership

     SEC. 251. SHORT TITLE.

       This subtitle may be cited as the ``National Oceanographic 
     Partnership Act''.

     SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

       (a) Program Required.--(1) Subtitle C of title 10, United 
     States Code, is amended by inserting after chapter 663 the 
     following new chapter:

       ``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM

``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Partnership program projects.

     ``Sec. 7901. National Oceanographic Partnership Program

       ``(a) Establishment.--The Secretary of the Navy shall 
     establish a program to be known as the `National 
     Oceanographic Partnership Program'.
       ``(b) Purposes.--The purposes of the program are as 
     follows:
       ``(1) To promote the national goals of assuring national 
     security, advancing economic development, protecting quality 
     of life, and strengthening science education and 
     communication through improved knowledge of the ocean.
       ``(2) To coordinate and strengthen oceanographic efforts in 
     support of those goals by--
       ``(A) identifying and carrying out partnerships among 
     Federal agencies, institutions of higher education, industry, 
     and other members of the oceanographic scientific community 
     in the areas of data, resources, education, and 
     communication; and
       ``(B) reporting annually to Congress on the program.

     ``Sec. 7902. National Ocean Research Leadership Council

       ``(a) Council.--There is a National Ocean Research 
     Leadership Council (hereinafter in this chapter referred to 
     as the `Council').
       ``(b) Membership.--The Council is composed of the following 
     members:
       ``(1) The Secretary of the Navy who shall be the chairman 
     of the Council.
       ``(2) The Administrator of the National Oceanic and 
     Atmospheric Administration, who shall be the vice chairman of 
     the Council.
       ``(3) The Director of the National Science Foundation.
       ``(4) The Administrator of the National Aeronautics and 
     Space Administration.
       ``(5) The Commandant of the Coast Guard.
       ``(6) With their consent, the President of the National 
     Academy of Sciences, the President of the National Academy of 
     Engineering, and the President of the Institute of Medicine.
       ``(7) Up to five members appointed by the Chairman from 
     among individuals who will represent the views of ocean 
     industries, institutions of higher education, and State 
     governments.
       ``(c) Term of Office.--The term of office of a member of 
     the Council appointed under paragraph (7) of subsection (b) 
     shall be two years, except that any person appointed to fill 
     a vacancy occurring before the expiration of the term for 
     which his predecessor was appointed shall be appointed for 
     the remainder of such term.
       ``(d) Annual Report.--Not later than March 1 of each year, 
     the Council shall submit to Congress a report on the National 
     Oceanographic Partnership Program. The report shall contain 
     the following:
       ``(1) A description of activities of the program carried 
     out during the fiscal year before the fiscal year in which 
     the report is prepared. The description also shall include a 
     list of the members of the Ocean esearch Partnership 
     Coordinating Group (established pursuant to subsection 
     (e)), the Ocean Research Advisory Panel (established 
     pursuant to subsection (f)), and any working groups in 
     existence during the fiscal year covered.
       ``(2) A general outline of the activities planned for the 
     program during the fiscal year in which the report is 
     prepared.
       ``(3) A summary of projects continued from the fiscal year 
     before the fiscal year in which the report is prepared and 
     projects expected to be started during the fiscal year in 
     which the report is prepared and during the following fiscal 
     year.
       ``(4) A description of the involvement of the program with 
     Federal interagency coordinating entities.
       ``(5) The amounts requested, in the budget submitted to 
     Congress pursuant to section 1105(a) of title 31 for the 
     fiscal year following the fiscal year in which the report is 
     prepared, for the programs, projects, and activities of the 
     program and the estimated expenditures under such programs, 
     projects, and activities during such following fiscal year.
       ``(e) Ocean Research Partnership Coordinating Group.--(1) 
     The Council shall establish an Ocean Research Partnership 
     Coordinating Group consisting of not more than 10 members 
     appointed by the Council from among officers and employees of 
     the Government, persons employed in the maritime industry, 
     educators at institutions of higher education, and officers 
     and employees of State governments.
       ``(2) The Council shall designate a member of the 
     Coordinating Group to serve as Chairman of the group.
       ``(3) The Council shall assign to the Coordinating Group 
     responsibilities that the Council considers appropriate. The 
     Coordinating Group shall be subject to the authority, 
     direction, and control of the Council in the performance the 
     assigned responsibilities.
       ``(f) Ocean Research Advisory Panel.--(1) The Council shall 
     establish an Ocean Research Advisory Panel consisting of 
     members appointed by the Council from among persons eminent 
     in the fields of oceanography, ocean sciences, or marine 
     policy (or related fields) who are representative of the 
     interests of governments, institutions of higher education, 
     and industry in the matters covered by the purposes of the 
     National Oceanographic Partnership Program (as set forth in 
     section 7901(b) of this title).
       ``(2) The Council shall assign to the Advisory Panel 
     responsibilities that the Council consider appropriate. The 
     Coordinating Group shall be subject the authority, direction, 
     and control of the Council to in the performance of the 
     assigned responsibilities.

     ``Sec. 7903. Partnership program projects

       ``(a) Selection of Partnership Projects.--The National 
     Ocean Research Leadership Council shall select the 
     partnership projects that are to be considered eligible for 
     support under the National Oceanographic Partnership Program. 
     A project partnership may be established by any instrument 
     that the Council considers appropriate, including a 
     memorandum of understanding, a cooperative research and 
     development agreement, and any similar instrument.
       ``(b) Contract and Grant Authority.--(1) The Council may 
     authorize one or more of the departments and agencies of the 
     Federal Government represented on the Council to enter into 
     contracts or to make grants for the support of partnership 
     projects selected under subsection (a).
       ``(2) Funds appropriated or otherwise made available for 
     the National Oceanographic Partnership Program may be used 
     for contracts entered into or grants awarded under authority 
     provided pursuant to paragraph (1).''.
       (2) The table of chapters at the beginning of subtitle C of 
     title 10, United States Code, and at the beginning of part IV 
     of such subtitle, are each amended by inserting after the 
     item relating to chapter 663 the following:

``665. National Oceanographic Partnership Program...........7901''.....

       (b) Initial Appointments of Council Members.--The Chairman 
     of the National Ocean Research Leadership Council established 
     under section 7902 of title 10, United States Code, as added 
     by subsection (a)(1), shall make the appointments required by 
     subsection (b)(7) of such section not later than December 1, 
     1996.
       (c) First Annual Report of National Ocean Research 
     Leadership Council.--The first annual report required by 
     section 7902(d) of title 10, United States Code, as added by 
     subsection (a)(1), shall be submitted to Congress not later 
     than March 1, 1997. The first report shall include, in 
     addition to the information required by such section, 
     information about the terms of office, procedures, and 
     responsibilities of the Ocean Research Advisory Panel 
     established by the Council.
       (d) Funding.--Of the funds authorized to be appropriated by 
     section 201(2), $13,000,000 shall be available for the 
     National Oceanographic Partnership Program.
                  TITLE III--OPERATION AND MAINTENANCE
              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $18,147,623,000.
       (2) For the Navy, $20,298,339,000.
       (3) For the Marine Corps, $2,279,477,000.
       (4) For the Air Force, $17,953,039,000.
       (5) For Defense-wide activities, $9,863,942,000.
       (6) For the Army Reserve, $1,094,436,000.
       (7) For the Naval Reserve, $851,027,000.
       (8) For the Marine Corps Reserve, $110,367,000.
       (9) For the Air Force Reserve, $1,493,553,000.
       (10) For the Army National Guard, $2,218,477,000.
       (11) For the Air National Guard, $2,692,473,000.
       (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, Army, $356,916,000.
       (15) For Environmental Restoration, Navy, $302,900,000.
       (16) For Environmental Restoration, Air Force, 
     $414,700,000.

[[Page S6323]]

       (17) For Environmental Restoration, Defense-wide, 
     $258,500,000.
       (18) For Drug Interdiction and Counter-drug Activities, 
     Defense-wide, $793,824,000.
       (19) For Medical Programs, Defense, $9,375,988,000.
       (20) For Cooperative Threat Reduction programs, 
     $327,900,000.
       (21) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $49,000,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1997 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Business Operations Fund, $947,900,000.
       (2) For the National Defense Sealift Fund, $1,268,002,000.

     SEC. 303. DEFENSE NUCLEAR AGENCY.

       Of the amounts authorized to be appropriated for the 
     Department of Defense under section 301(5), $88,083,000 shall 
     be available for the Defense Nuclear Agency.

     SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE 
                   TRANSACTION FUND.

       (a) Transfer Authority.--To the extent provided in 
     appropriations Acts, not more than $150,000,000 is authorized 
     to be transferred from the National Defense Stockpile 
     Transaction Fund to operation and maintenance accounts for 
     fiscal year 1997 in amounts as follows:
       (1) For the Army, $50,000,000.
       (2) For the Navy, $50,000,000.
       (3) For the Air Force, $50,000,000.
       (b) Treatment of Transfers.--Amounts transferred under this 
     section--
       (1) shall be merged with, and be available for the same 
     purposes and the same period as, the amounts in the accounts 
     to which transferred; and
       (2) may not be expended for an item that has been denied 
     authorization of appropriations by Congress.
       (c) Relationship to Other Transfer Authority.--The transfer 
     authority provided in this section is in addition to the 
     transfer authority provided in section 1001.

     SEC. 305. CIVIL AIR PATROL.

       (a) Funding.--Of the amounts authorized to be appropriated 
     pursuant to this Act, $14,526,000 may be made available to 
     the Civil Air Patrol Corporation.
       (b) Amount for Search and Rescue Operations.--Of the amount 
     made available pursuant to subsection (a), not more than 75 
     percent of such amount may be available for costs other than 
     the costs of search and rescue missions.

     SEC. 306. SR-71 CONTINGENCY RECONNAISSANCE FORCE.

       Of the funds authorized to be appropriated by section 
     301(4), $30,000,000 is authorized to be made available for 
     the SR-71 contingency reconnaissance force.
    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME 
                   PREPOSITIONING SHIPS OUT OF NATIONAL DEFENSE 
                   SEALIFT FUND.

       (a) National Defense Sealift Fund.--To the extent provided 
     in appropriations Acts, funds in the National Defense Sealift 
     Fund may be obligated and expended for the purchase and 
     conversion, or construction, of a total of three ships for 
     the purpose of enhancing Marine Corps prepositioning ship 
     squadrons.
       (b) Authorization of Appropriations.--Of the amount 
     authorized to be appropriated under section 302(2), 
     $240,000,000 is authorized to be appropriated for the purpose 
     stated in subsection (a).

     SEC. 312. NATIONAL DEFENSE SEALIFT FUND.

       Section 2218 of title 10, United States Code, is amended--
       (1) in subsection (c)(1)(E), by striking out ``, but only 
     for vessels built in United States shipyards'';
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking out ``five'' and inserting in lieu thereof 
     ``ten''; and
       (ii) by striking out ``(c)(1)'' and inserting in lieu 
     thereof ``(c)(1)(A)''; and
       (B) in paragraph (2), by striking out ``(c)(1)'' and 
     inserting in lieu thereof ``(c)(1)(A)''; and
       (3) in subsection (j), by striking out ``(c)(1) (A), (B), 
     (C), and (D)'' and inserting in lieu thereof ``(c)(1) (A), 
     (B), (C), (D), and (E)''.

     SEC. 313. NONLETHAL WEAPONS CAPABILITIES.

       Of the amount authorized to be appropriated under section 
     301, $5,000,000 shall be available for the immediate 
     procurement of nonlethal weapons capabilities to meet 
     existing deficiencies in inventories of such capabilities, of 
     which--
       (1) $2,000,000 shall be available for the Army; and
       (2) $3,000,000 shall be available for the Marine Corps.

     SEC. 314. RESTRICTION ON COAST GUARD FUNDING.

       No funds are authorized by this Act to be appropriated to 
     the Department of Defense for the Coast Guard within budget 
     subfunction 054.
                   Subtitle C--Depot-Level Activities

     SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF CORE LOGISTICS 
                   FUNCTIONS.

       Section 2464(a) of title 10, United States Code is amended 
     by striking out paragraph (2) and inserting in lieu thereof 
     the following:
       ``(2) The Secretary of Defense shall maintain within the 
     Department of Defense those logistics activities and 
     capabilities that are necessary to provide the logistics 
     capability described in paragraph (1). The logistics 
     activities and capabilities maintained under this paragraph 
     shall include all personnel, equipment, and facilities that 
     are necessary to maintain and repair the weapon systems and 
     other military equipment identified under paragraph (3).
       ``(3) The Secretary of Defense, in consultation with the 
     Joint Chiefs of Staff, shall identify the weapon systems and 
     other military equipment that it is necessary to maintain and 
     repair within the Department of Defense in order to maintain 
     within the department the capability described in paragraph 
     (1).
       ``(4) The Secretary shall require that the core logistics 
     functions identified pursuant to paragraph (3) be performed 
     in Government-owned, Government-operated facilities of the 
     Department of Defense by Department of Defense personnel 
     using Department of Defense equipment.''.

     SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CONTRACTOR 
                   PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND 
                   REPAIR WORKLOADS.

       (a) Fifty Percent Limitation.--Section 2466(a) of title 10, 
     United States Code, is amended by striking out ``40 percent'' 
     in the first sentence and inserting in lieu thereof ``50 
     percent''.
       (b) Increase Delayed Pending Receipt of Strategic Plan for 
     the Performance of Depot-Level Maintenance and Repair.--(1) 
     Notwithstanding the first sentence of section 2466(a) of 
     title 10, United States Code (as amended by subsection (a)), 
     until the strategic plan for the performance of depot-level 
     maintenance and repair is submitted under section 325, not 
     more than 40 percent of the funds made available in a fiscal 
     year to a military department or a Defense Agency for depot-
     level maintenance and repair workload may be used to contract 
     for the performance by non-Federal Government personnel of 
     such workload for the military department or the Defense 
     Agency.
       (2) In paragraph (1), the term ``depot-level maintenance 
     and repair workload'' has the meaning given such term in 
     section 2466(f) of title 10, United States Code.

     SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.

       Subsection (e) of section 2466 of title 10, United States 
     Code, is amended to read as follows:
       ``(e) Report.--(1) Not later than February 1 of each year, 
     the Secretary of Defense shall submit to Congress a report 
     identifying, for each military department and Defense 
     Agency--
       ``(A) the percentage of the funds referred to in subsection 
     (a) that were used during the preceding fiscal year for 
     performance of depot-level maintenance and repair workloads 
     by Federal Government personnel; and
       ``(B) the percentage of the funds referred to in subsection 
     (a) that were used during the preceding fiscal year to 
     contract for the performance of depot-level maintenance and 
     repair workloads by non-Federal Government personnel.
       ``(2) Not later than 90 days after the date on which the 
     Secretary submits the annual report under paragraph (1), the 
     Comptroller General shall submit to the Committees on Armed 
     Services and on Appropriations of the Senate and the 
     Committees on National Security and on Appropriations of the 
     House of Representatives the Comptroller's views on whether 
     the Department of Defense has complied with the requirements 
     of subsection (a) for the fiscal year covered by the 
     report.''.

     SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOAD 
                   DEFINED.

       Section 2466 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(f) Depot-Level Maintenance and Repair Workload 
     Defined.--In this section, the term `depot-level maintenance 
     and repair workload'--
       ``(1) means material maintenance requiring major overhaul 
     or complete rebuilding of parts, assemblies, or 
     subassemblies, and testing and reclamation of equipment as 
     necessary, including all aspects of software maintenance;
       ``(2) includes those portions of interim contractor 
     support, contractor logistics support, or any similar 
     contractor support for the performance of services described 
     in paragraph (1); and
       ``(3) does not include ship modernization and other repair 
     activities that--
       ``(A) are funded out of appropriations available to the 
     Department of Defense for procurement; and
       ``(B) were not considered to be depot-level maintenance and 
     repair workload activities under regulations of the 
     Department of Defense in effect on February 10, 1996.''.

     SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL MAINTENANCE 
                   AND REPAIR.

       (a) Strategic Plan Required.--(1) As soon as possible after 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on National Security of the House of 
     Representatives a strategic plan for the performance of 
     depot-level maintenance and repair.
       (2) The strategic plan shall cover the performance of 
     depot-level maintenance and repair for the Department of 
     Defense in fiscal years 1998 through 2007. The plan shall 
     provide for maintaining the capability described

[[Page S6324]]

     in section 2464 of title 10, United States Code.
       (b) Additional Matters Covered.--The Secretary of Defense 
     shall include in the strategic plan submitted under 
     subsection (a) a detailed discussion of the following 
     matters:
       (1) For each military department, as determined after 
     consultation with the Secretary of that military department 
     and the Chairman of the Joint Chiefs of Staff, the depot-
     level maintenance and repair activities and workloads that 
     are necessary to perform within the Department of Defense in 
     order to maintain the core logistics capability required by 
     section 2464 of title 10, United States Code.
       (2) For each military department, as determined after 
     consultation with the Secretary of that military department 
     and the Chairman of the Joint Chiefs of Staff, the depot-
     level maintenance and repair activities and workloads that 
     the Secretary of Defense plans to perform within the 
     Department of Defense in order to satisfy the requirements of 
     section 2466 of title 10, United States Code.
       (3) For the activities identified pursuant to paragraphs 
     (1) and (2), a discussion of which specific existing weapon 
     systems or other existing equipment, and which specific 
     planned weapon systems or other planned equipment, are weapon 
     systems or equipment for which it is necessary to maintain a 
     core depot-level maintenance and repair capability within the 
     Department of Defense.
       (4) The core capabilities, including sufficient skilled 
     personnel, equipment, and facilities, that--
       (A) are of sufficient size--
       (i) to ensure a ready and controlled source of the 
     technical competencies, and the maintenance and repair 
     capabilities, that are necessary to meet the requirements of 
     the national military strategy and other requirements for 
     responding to mobilizations and military contingencies; and
       (ii) to provide for rapid augmentation in time of 
     emergency; and
       (B) are assigned a sufficient workload to ensure cost 
     efficiency and technical proficiency in peacetime.
       (5) The environmental liability issues associated with any 
     projected privatization of the performance of depot-level 
     maintenance and repair, together with detailed projections of 
     the cost to the United States of satisfying environmental 
     liabilities associated with such privatized performance.
       (6) Any significant issues and risks concerning exchange of 
     technical data on depot-level maintenance and repair between 
     the Federal Government and the private sector.
       (7) Any deficiencies in Department of Defense financial 
     systems that hinder effective evaluation of competitions 
     (whether among private-sector sources or among depot-level 
     activities owned and operated by the Department of Defense 
     and private-sector sources), and merit-based selections 
     (among depot-level activities owned and operated by the 
     Department of Defense), for a depot-level maintenance and 
     repair workload, together with plans to correct such 
     deficiencies.
       (9) The type of facility (whether a private sector facility 
     or a Government owned and operated facility) in which depot-
     level maintenance and repair of any new weapon systems that 
     will reach full scale development is to be performed.
       (10) The workloads necessary to maintain Government owned 
     and operated depots at 50 percent, 70 percent, and 85 percent 
     of operating capacity.
       (11) A plan for improving the productivity of the 
     Government owned and operated depot maintenance and repair 
     facilities, together with management plans for changing 
     administrative and missions processes to achieve productivity 
     gains, a discussion of any barriers to achieving desired 
     productivity gains at the depots, and any necessary changes 
     in civilian personnel policies that are necessary to improve 
     productivity.
       (12) The criteria used to make decisions on whether to 
     convert to contractor performance of depot-level maintenance 
     and repair, the officials responsible for making the decision 
     to convert, and any depot-level maintenance and repair 
     workloads that are proposed to be converted to contractor 
     performance before the end of fiscal year 2001.
       (13) A detailed analysis of savings proposed to be achieved 
     by contracting for the performance of depot-level maintenance 
     and repair workload by private sector sources, together with 
     the report on the review of the analysis (and the assumptions 
     underlying the analysis) provided for under subsection (c).
       (c) Independent Review of Savings Analysis.--The Secretary 
     shall provide for a public accounting firm (independent of 
     Department of Defense influence) to review the analysis 
     referred to in subsection (b)(13) and the assumptions 
     underlying the analysis for submission to the committees 
     referred to in subsection (a) and to the Comptroller General.
       (d) Review By Comptroller General.--(1) At the same time 
     that the Secretary of Defense transmits the strategic plan 
     under subsection (a), the Secretary shall transmit a copy of 
     the plan (including the report of the public accounting firm 
     provided for under subsection (c)) to the Comptroller General 
     of the United States and make available to the Comptroller 
     General all information used by the Department of Defense in 
     preparing the plan and analysis.
       (2) Not later than 60 days after the date on which the 
     Secretary submits the strategic plan required by subsection 
     (a), the Comptroller General shall transmit to Congress a 
     report containing a detailed analysis of the strategic plan.
       (e) Additional Reporting Requirement for Comptroller 
     General.--Not later than February 1, 1997, the Comptroller 
     General shall submit to the committees referred to in 
     subsection (a) a report on the effectiveness of the oversight 
     by the Department of Defense of the management of existing 
     contracts with private sector sources of depot-level 
     maintenance and repair of weapon systems, the adequacy of 
     Department of Defense financial and information systems to 
     support effective decisions to contract for private sector 
     performance of depot-level maintenance and repair workloads 
     that are being or have been performed by Government 
     personnel, the status of reengineering efforts at depots 
     owned and operated by the United States, and any overall 
     management weaknesses within the Department of Defense that 
     would hinder effective use of contracting for the performance 
     of depot-level maintenance and repair.

     SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCEDURES.

       (a) Annual Report.--Section 2469 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(d) Annual Report.--Not later than March 31 of each year, 
     the Secretary of Defense shall submit to the Committee on 
     Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives a report describing 
     the competitive procedures used during the preceding fiscal 
     year for competitions referred to in subsection (a).''.
       (b) First Report.--The first report under subsection (d) of 
     section 2469 of title 10, United States Code (as added by 
     subsection (a)), shall be submitted not later than March 31, 
     1997.

     SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRIVATE 
                   PERFORMANCE OF DEPOT-LEVEL MAINTENANCE WORK.

       (a) Reports.--Chapter 146 of title 10, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 2473. Reports on privatization of depot-level 
       maintenance work

       ``(a) Annual Risk Assessments.--(1) Not later than January 
     1 of each year, the Joint Chiefs of Staff shall submit to the 
     Secretary of Defense a report on the privatization of the 
     performance of the various depot-level maintenance workloads 
     of the Department of Defense.
       ``(2) The report shall include with respect to each depot-
     level maintenance workload the following:
       ``(A) An assessment of the risk to the readiness, 
     sustainability, and technology of the Armed Forces in a full 
     range of anticipated scenarios for peacetime and for wartime 
     of--
       ``(i) using public entities to perform the workload;
       ``(ii) using private entities to perform the workload; and
       ``(iii) using a combination of public entities and private 
     entities to perform the workload.
       ``(B) The recommendation of the Joint Chiefs as to whether 
     public entities, private entities, or a combination of public 
     entities and private entities could perform the workload 
     without jeopardizing military readiness.
       ``(3) Not later than 30 days after receiving the report 
     under paragraph (2)(B), the Secretary shall transmit the 
     report to Congress. If the Secretary does not concur in the 
     recommendation made by the Joint Chiefs pursuant to paragraph 
     (2)(B), the Secretary shall include in the report under 
     this paragraph--
       ``(A) the recommendation of the Secretary; and
       ``(B) a justification for the differences between the 
     recommendation of the Joint Chiefs and the recommendation of 
     the Secretary.
       ``(b) Annual Report on Proposed Privatization.--(1) Not 
     later than February 28 of each year, the Joint Chiefs of 
     Staff shall submit to the Secretary of Defense a report on 
     each depot-level maintenance workload of the Department of 
     Defense that the Joint Chiefs believe could be converted to 
     performance by private entities during the next fiscal year 
     without jeopardizing military readiness.
       ``(2) Not later than 30 days after receiving a report under 
     paragraph (1), the Secretary shall transmit the report to 
     Congress. If the Secretary does not concur in the proposal of 
     the Joint Chiefs in the report, the Secretary shall include 
     in the report under this paragraph--
       ``(A) each depot-level maintenance workload of the 
     Department that the Secretary proposes to be performed by 
     private entities during the fiscal year concerned; and
       ``(B) a justification for the differences between the 
     proposal of the Joint Chiefs and the proposal of the 
     Secretary.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``2473. Reports on privatization of depot-level maintenance work.''.

     SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIPYARDS AND 
                   AVIATION DEPOTS TO ENGAGE IN DEFENSE-RELATED 
                   PRODUCTION AND SERVICES.

       (a) Extension of Authority.--Section 1425(e) of the 
     National Defense Authorization Act for Fiscal Year 1991 
     (Public Law 101-510) is amended by striking out ``expires on 
     September 30, 1995'' and inserting in lieu thereof ``may not 
     be exercised after September 30, 1997''.

[[Page S6325]]

       (b) Revival of Expired Authority.--The authority provided 
     in section 1425 of the National Defense Authorization Act for 
     Fiscal Year 1991 may be exercised after September 30, 1995, 
     subject to the limitation in subsection (e) of such section 
     as amended by subsection (a) of this section.

     SEC. 329. LIMITATION ON USE OF FUNDS FOR F-18 AIRCRAFT DEPOT 
                   MAINTENANCE.

       Of the amounts authorized to be appropriated by section 
     301(2), not more than $5,000,000 may be used for the 
     performance of depot maintenance on F-18 aircraft until 30 
     days after the date on which the Secretary of Defense submits 
     to the congressional defense committees a report on aviation 
     depot maintenance. The report shall contain the following:
       (1) The results of a competition which the Secretary shall 
     conduct between all Department of Defense aviation depots for 
     selection for the performance of depot maintenance on F-18 
     aircraft.
       (2) An analysis of the total cost of transferring the F-18 
     aircraft depot maintenance workload to an aviation depot not 
     performing such workload as of the date of the enactment of 
     this Act.

     SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILITIES CLOSED 
                   BY BRAC.

       The Secretary may not contract for the performance by a 
     private sector source of any of the depot maintenance 
     workload performed as of the date of the enactment of this 
     Act at Sacramento Air Logistics Center or the San Antonio Air 
     Logistics Center until the Secretary--
       (1) publishes criteria for the evaluation of bids and 
     proposals to perform such workload;
       (2) conducts a competition for the workload between public 
     and private entities;
       (3) pursuant to the competition, determines in accordance 
     with the criteria published under paragraph (1) that an offer 
     submitted by a private sector source to perform the workload 
     is the best value for the United States; and
       (4) submits to Congress the following--
       (A) a detailed comparison of the cost of the performance of 
     the workload by civilian employees of the Department of 
     Defense with the cost of the performance of the workload by 
     that source; and
       (B) an analysis which demonstrates that the performance of 
     the workload by that source will provide the best value for 
     the United States over the life of the contract.
                  Subtitle D--Environmental Provisions

     SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORATION 
                   TRANSFER ACCOUNTS FOR EACH MILITARY DEPARTMENT.

       (a) Establishment.--(1) Section 2703 of title 10, United 
     States Code, is amended to read as follows:

     ``Sec. 2703. Environmental restoration transfer accounts

       ``(a) Establishment of Transfer Accounts.--
       ``(1) Establishment.--There are hereby established in the 
     Department of Defense the following accounts:
       ``(A) An account to be known as the `Defense Environmental 
     Restoration Account'.
       ``(B) An account to be known as the `Army Environmental 
     Restoration Account'.
       ``(C) An account to be known as the `Navy Environmental 
     Restoration Account'.
       ``(D) An account to be known as the `Air Force 
     Environmental Restoration Account'.
       ``(2) Treatment of appropriations.--All sums appropriated 
     to the Department of Defense to carry out functions of the 
     Secretary of Defense or of the Secretaries of the military 
     departments relating to environmental restoration under this 
     chapter or under any other provision of law shall be 
     appropriated to the transfer account concerned.
       ``(3) Requirement of authorization of appropriations.--No 
     funds may be appropriated to a transfer account unless such 
     sums have been specifically authorized by law.
       ``(4) Availability of funds in transfer accounts.--Amounts 
     appropriated to a transfer account shall remain available 
     until transferred under subsection (b).
       ``(b) Authority To Transfer to Other Accounts.--Amounts in 
     a transfer account shall be available for transfer by the 
     Secretary of Defense (in the case of the Defense 
     Environmental Restoration Account) or by the Secretary of a 
     military department (in the case of the environmental 
     restoration account of that military department) to any 
     appropriation account or fund of the Department of Defense 
     (including an account or fund of a military department) for 
     obligation from the account or fund to which transferred.
       ``(c) Obligation of Transferred Amounts.--Funds transferred 
     under subsection (b) may only be obligated or expended from 
     the account or fund to which transferred in order to carry 
     out the environmental restoration functions of the Secretary 
     of Defense and the Secretaries of the military departments 
     under this chapter and under any other provision of law.
       ``(d) Budget Reports.--In proposing the budget for any 
     fiscal year pursuant to section 1105 of title 31, the 
     President shall set forth separately the amounts requested 
     for environmental restoration programs of the Department of 
     Defense and of each of the military departments under this 
     chapter and under any other Act.
       ``(e) Amounts Recovered.--The following amounts shall be 
     credited to the appropriate environmental restoration 
     account:
       ``(1) Amounts recovered under CERCLA for response actions.
       ``(2) Any other amounts recovered from a contractor, 
     insurer, surety, or other person to reimburse the Department 
     of Defense or a military department for any expenditure for 
     environmental response activities.
       ``(f) Payments of Fines and Penalties.--None of the funds 
     appropriated to the Defense Environmental Restoration Account 
     for fiscal years 1995 through 1999, or to any environmental 
     restoration account of a military department for fiscal years 
     1997 through 1999, may be used for the payment of a fine or 
     penalty (including any supplemental environmental project 
     carried out as part of such penalty) imposed against the 
     Department of Defense or a military department unless the act 
     or omission for which the fine or penalty is imposed arises 
     out of an activity funded by the environmental restoration 
     account concerned and the payment of the fine or penalty has 
     been specifically authorized by law.''.
       (2) The table of sections at the beginning of chapter 160 
     of title 10, United States Code, is amended by striking out 
     the item relating to section 2703 and inserting in lieu 
     thereof the following new item:

``2703. Environmental restoration transfer accounts.''.

       (b) References.--Any reference to the Defense Environmental 
     Restoration Account in any Federal law, Executive Order, 
     regulation, delegation of authority, or document of or 
     pertaining to the Department of Defense shall be deemed to 
     refer to the appropriate environmental restoration account 
     established under section 2703(a)(1) of title 10, United 
     States Code (as amended by subsection (a)(1)).
       (c) Conforming Amendment.--Section 2705(g)(1) of title 10, 
     United States Code, is amended by striking out ``the Defense 
     Environmental Restoration Account'' and inserting in lieu 
     thereof ``the environmental restoration account concerned''.
       (d) Treatment of Unobligated Balances.--Any unobligated 
     balances that remain in the Defense Environmental Restoration 
     Account under section 2703(a) of title 10, United States 
     Code, as of the effective date specified in subsection (e) 
     shall be transferred on such date to the Defense 
     Environmental Restoration Account established under section 
     2703(a)(1) of title 10, United States Code (as amended by 
     subsection (a)(1)).
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the later of--
       (1) October 1, 1996; or
       (2) the date of the enactment of this Act.

     SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIREMENT FOR 
                   REPORTS ON CONTRACTOR REIMBURSEMENT COSTS FOR 
                   RESPONSE ACTIONS.

       Section 2706(d)(1)(A) of title 10, United States Code, is 
     amended by striking out ``100'' and inserting in lieu thereof 
     ``20''.

     SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND CONSULTATION 
                   REQUIREMENTS REGARDING REMEDIAL INVESTIGATIONS 
                   AND FEASIBILITY STUDIES AT CERTAIN 
                   INSTALLATIONS TO BE CLOSED UNDER THE BASE 
                   CLOSURE LAWS.

       Section 334 of the National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1340; 10 U.S.C. 2687 note) is repealed.

     SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.

       (a) Authority.--The Secretary of Defense may pay to the 
     Hazardous Substance Superfund established under section 9507 
     of the Internal Revenue Code of 1986 (26 U.S.C. 9507) 
     stipulated civil penalties assessed under CERCLA in amounts, 
     and using funds, as follows:
       (1) Using funds authorized to be appropriated to the Army 
     Environmental Restoration Account established under section 
     2703(a)(1)(B) of title 10, United States Code, as amended by 
     section 341 of this Act, $34,000 assessed against Fort Riley, 
     Kansas, under CERCLA.
       (2) Using funds authorized to be appropriated to the Navy 
     Environmental Restoration Account established under section 
     2703(a)(1)(C) of that title, as so amended, $30,000 assessed 
     against the Naval Education and Training Center, Newport, 
     Rhode Island, under CERCLA.
       (3) Using funds authorized to be appropriated to the Air 
     Force Environmental Restoration Account established under 
     section 2703(a)(1)(D) of that title, as so amended--
       (A) $550,000 assessed against the Massachusetts Military 
     Reservation, Massachusetts, under CERCLA, of which $500,000 
     shall be for the supplemental environmental project for a 
     groundwater modeling project that constitutes a part of the 
     negotiated settlement of a penalty against the reservation; 
     and
       (B) $10,000 assessed against F.E. Warren Air Force Base, 
     Wyoming, under CERCLA.
       (4) Using funds authorized to be appropriated to the 
     Department of Defense Base Closure Account 1990 by section 
     2406(a)(13) of this Act, $50,000 assessed against Loring Air 
     Force Base, Maine, under CERCLA.
       (b) CERCLA Defined.--In this section, the term ``CERCLA'' 
     means the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

     SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL FACILITIES 
                   ON NATIONAL PRIORITIES LIST.

       Section 120(d) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)) 
     is amended--

[[Page S6326]]

       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``Not later than 18 months after the 
     enactment of the Superfund Amendments and Reauthorization Act 
     of 1986, the Administrator'' and inserting the following:
       ``(1) In general.--The Administrator''; and
       (3) by striking ``Such criteria'' and all that follows 
     through the end of the subsection and inserting the 
     following:
       ``(2) Application of criteria.--
       ``(A) In general.--Subject to subparagraph (B), the 
     criteria referred to in paragraph (1) shall be applied in the 
     same manner as the criteria are applied to facilities that 
     are owned or operated by persons other than the United 
     States.
       ``(B) Response under other law.--That the head of the 
     department, agency, or instrumentality that owns or operates 
     a facility has arranged with the Administrator or appropriate 
     State authorities to respond appropriately, under authority 
     of a law other than this Act, to a release or threatened 
     release of a hazardous substance shall be an appropriate 
     factor to be taken into consideration for the purposes of 
     section 105(a)(8)(A).
       ``(3) Completion.--Evaluation and listing under this 
     subsection shall be completed in accordance with a reasonable 
     schedule established by the Administrator.''.

     SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROPERTY 
                   BEFORE COMPLETION OF REQUIRED REMEDIAL ACTIONS.

       Section 120(h)(3) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)(3)) is amended--
       (1) by redesignating subparagraph (A) as clause (i) and 
     clauses (i), (ii), and (iii) of that subparagraph as 
     subclauses (I), (II), and (III), respectively;
       (2) by striking ``After the last day'' and inserting the 
     following:
       ``(A) In general.--After the last day'';
       (3) by redesignating subparagraph (B) as clause (ii) and 
     clauses (i) and (ii) of that subparagraph as subclauses (I) 
     and (II), respectively;
       (4) by redesignating subparagraph (C) as clause (iii);
       (5) by striking ``For purposes of subparagraph (B)(i)'' and 
     inserting the following:
       ``(B) Completion of construction.--For purposes of 
     subparagraph (A)(ii)(I)''; and
       (6) by adding at the end the following:
       ``(C) Deferral.--The Administrator (in the case of real 
     property at a Federal facility that is listed on the National 
     Priorities List) or the Governor of the State in which the 
     facility is located (in the case of real property at a 
     Federal facility not listed on the National Priorities List) 
     may defer the requirement of subparagraph (A)(ii) with 
     respect to the property if the Administrator or the Governor, 
     as the case may be, determines that--
       ``(i) the property is suitable for transfer; and
       ``(ii) the contract of sale or other agreement governing 
     the transfer between the United States and the transferee of 
     the property contains assurances that all appropriate 
     remedial action will be taken with respect to any releases or 
     threatened releases at or from the property that occurred or 
     existed prior to the transfer.''.

     SEC. 347. CLARIFICATION OF MEANING OF UNCONTAMINATED PROPERTY 
                   FOR PURPOSES OF TRANSFER BY THE UNITED STATES.

       Section 120(h)(4)(A) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)(4)(A)) is amended in the first sentence by striking 
     ``stored for one year or more, known to have been released,'' 
     and inserting ``known to have been released''.

     SEC. 348. SHIPBOARD SOLID WASTE CONTROL.

       (a) In General.--Section 3(c) of the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1902(c)) is amended--
       (1) in paragraph (1), by striking ``Not later than'' and 
     inserting ``Except as provided in paragraphs (2) and (3), not 
     later than''; and
       (2) by striking paragraphs (2), (3), and (4) and inserting 
     the following:
       ``(2)(A) Subject to subparagraph (B), any ship described in 
     subparagraph (C) may discharge, without regard to the special 
     area requirements of Regulation 5 of Annex V to the 
     Convention, the following non-plastic, non-floating garbage:
       ``(i) A slurry of seawater, paper, cardboard, or food waste 
     that is capable of passing through a screen with openings no 
     larger than 12 millimeters in diameter.
       ``(ii) Metal and glass that have been shredded and bagged 
     so as to ensure negative buoyancy.
       ``(B)(i) Garbage described subparagraph (A)(i) may not be 
     discharged within 3 nautical miles of land.
       ``(ii) Garbage described in subparagraph (A)(ii) may not be 
     discharged within 12 nautical miles of land.
       ``(C) This paragraph applies to any ship that is owned or 
     operated by the Department of the Navy that, as determined by 
     the Secretary of the Navy--
       ``(i) has unique military design, construction, manning, or 
     operating requirements; and
       ``(ii) cannot fully comply with the special area 
     requirements of Regulation 5 of Annex V to the Convention 
     because compliance is not technologically feasible or would 
     impair the operations or operational capability of the ship.
       ``(3)(A) Not later than December 31, 2000, the Secretary of 
     the Navy shall prescribe and publish in the Federal Register 
     standards to ensure that each ship described in subparagraph 
     (B) is, to the maximum extent practicable without impairing 
     the operations or operational capabilities of the ship, 
     operated in a manner that is consistent with the special area 
     requirements of Regulation 5 of Annex V to the Convention.
       ``(B) Subparagraph (A) applies to surface ships that are 
     owned or operated by the Department of the Navy that the 
     Secretary plans to decommission during the period beginning 
     on January 1, 2001, and ending on December 31, 2005.
       ``(C) At the same time that the Secretary publishes 
     standards under subparagraph (A), the Secretary shall publish 
     in the Federal Register a list of the ships covered by 
     subparagraph (B).''.
       (b) Sense of Congress.--
       (1) Compliance with annex v.--It is the sense of Congress 
     that it should be an objective of the Navy to achieve full 
     compliance with Annex V to the Convention as part of the 
     Navy's development of ships that are environmentally sound.
       (2) Definition.--In this subsection, the terms 
     ``Convention'' and ``ship'' have the meanings provided in 
     section 2(a) of the Act to Prevent Pollution from Ships (33 
     U.S.C. 1901(a)).

     SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGEMENT OF 
                   CULTURAL RESOURCES ON MILITARY INSTALLATIONS.

       (a) Authority To Enter Into Agreements.--Chapter 159 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 2694. Cooperative agreements for management of 
       cultural resources on military installations

       ``(a) Authority To Enter Into Agreements.--The Secretary of 
     Defense and the Secretaries of the military departments may 
     enter into cooperative agreements with States, local 
     governments, and appropriate public and private entities in 
     order to provide for the preservation, management, 
     maintenance, and rehabilitation of cultural resources on 
     military installations.
       ``(b) Inapplicability of Certain Federal Financial 
     Management Laws.--A cooperative agreement under subsection 
     (a) shall not be treated as a cooperative agreement for 
     purposes of chapter 63 of title 31.
       ``(c) Limitation on Authority To Carry Out Agreements.--The 
     authority of the Secretary of Defense or the Secretary of a 
     military department to carry out an agreement entered into 
     under subsection (a) shall be subject to the availability of 
     funds for that purpose.
       ``(d) Definition.--For purposes of this section, the term 
     `cultural resource' means any of the following:
       ``(1) A building, structure, site, district, or object 
     eligible for or included in the National Register of Historic 
     Places maintained under section 101(a) of the National 
     Historic Preservation Act (16 U.S.C. 470a(a)).
       ``(2) A cultural item as that term is defined in section 
     2(3) of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001(3)).
       ``(3) An archaeological resource as that term is defined in 
     section 3(1) of the Archaeological Resources Protection Act 
     of 1979 (16 U.S.C. 470bb(1)).
       ``(4) An archaeological artifact collection and associated 
     records covered by section 79 of title 36, Code of Federal 
     Regulations.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2694. Cooperative agreements for management of cultural resources on 
              military installations.''.

     SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT EL CENTRO 
                   NAVAL AIR FACILITY, CALIFORNIA.

       (a) Report.--Not later than March 15, 1997, the Secretary 
     of Defense, acting through the Deputy Under Secretary of 
     Defense for Environmental Security, shall submit to the 
     congressional defense committees a report that assesses the 
     effects of the proposed withdrawal of public lands at El 
     Centro Naval Air Facility, California, on the operational and 
     training requirements of the Department of Defense at that 
     facility.
       (b) Report Elements.--The report under subsection (a) 
     shall--
       (1) describe in detail the operational and training 
     requirements of the Department of Defense at El Centro Naval 
     Air Facility;
       (2) assess the effects of the proposed withdrawal on such 
     operational and training requirements;
       (3) describe the relationship, if any, of the proposed 
     withdrawal to the withdrawal of other public lands under the 
     California Desert Protection Act of 1994 (Public Law 103-
     433);
       (4) assess the additional responsibilities, if any, of the 
     Navy for land management at the facility as a result of the 
     proposed withdrawal; and
       (5) assess the costs, if any, to the Navy resulting from 
     the proposed withdrawal.

     SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES COLLECTED AT 
                   CLOSED MILITARY RESERVATIONS.

       Subparagraph (B) of section 101(b)(4) of the Act of 
     September 15, 1960 (commonly known as the ``Sikes Act''; 16 
     U.S.C. 670a(b)(4)), is amended to read as follows:
       ``(B) the fees collected under this paragraph--
       ``(i) shall be expended at the military reservation with 
     respect to which collected; or

[[Page S6327]]

       ``(ii) if collected with respect to a military reservation 
     that is closed, shall be available for expenditure at any 
     other military reservation for purposes of the protection, 
     conservation, and management of fish and wildlife at such 
     reservation.''.
                       Subtitle E--Other Matters

     SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNCTIONS AT 
                   FACILITIES LEASED BY THE GOVERNMENT.

       Section 2465(b) of title 10, United States Code, is 
     amended--
       (1) by striking out ``or'' at the end of paragraph (2);
       (2) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof ``; or''; and
       (3) by adding at the end the following:
       ``(4) to a contract to be carried out at a private facility 
     at which a Federal Government activity is located pursuant to 
     a lease of the facility to the Government.''.

     SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.

       (a) Authority.--Chapter 31 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 520c. Authorized use of recruiting funds

       ``(a) Meals and Refreshments.--Under regulations prescribed 
     by the Secretary concerned, funds appropriated to the 
     Department of Defense for recruitment of military personnel 
     may be expended for small meals and refreshments that are 
     provided in the performance of personnel recruiting functions 
     of the armed forces to--
       ``(1) persons who have enlisted under the Delayed Entry 
     Program authorized by section 513 of this title;
       ``(2) persons who are objects of armed forces recruiting 
     efforts;
       ``(3) influential persons in communities when assisting the 
     military departments in recruiting efforts;
       ``(4) members of the armed forces and Federal Government 
     employees when attending recruiting events in accordance with 
     a requirement to do so; and
       ``(5) other persons when contributing to recruiting efforts 
     by attending recruiting events.
       ``(b) Annual Report.--Not later than February 1 of each 
     year, the Secretary of Defense shall submit to Congress a 
     report on the extent to which the authority under subsection 
     (a) was exercised during the fiscal year ending in the 
     preceding year.
       ``(c) Termination of Authority.--(1) The authority in 
     subsection (a) may not be exercised after September 30, 2001.
       ``(2) No report is required under subsection (b) after 
     2002.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``520c. Authorized use of recruiting funds.''.

     SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL 
                   ITEMS FOR RESALE IN COMMISSARY STORES.

       (a) Clarification of Exception to Competitive 
     Procurement.--Section 2486 of title 10, United States Code, 
     is amended by adding at the end the following:
       ``(e) The Secretary of Defense may not, under the exception 
     provided in section 2304(c)(5) of this title, use procedures 
     other than competitive procedures for the procurement of a 
     brand-name commercial item for resale in commissary stores 
     unless the commercial item is regularly sold outside of 
     commissary stores under the same brand name as the commercial 
     item will be sold in commissary stores.''.
       (b) Effect on Existing Contracts.--The amendment made by 
     subsection (a) shall not affect the terms, conditions, or 
     duration of any contract entered into by the Secretary of 
     Defense before the date of the enactment of this Act for the 
     procurement of commercial items for resale in commissary 
     stores.

     SEC. 364. ADMINISTRATION OF MIDSHIPMEN'S STORE AND OTHER 
                   NAVAL ACADEMY SUPPORT ACTIVITIES AS 
                   NONAPPROPRIATED FUND INSTRUMENTALITIES.

       (a) In General.--(1) Chapter 603 of title 10, United States 
     Code, is amended by striking out sections 6970 and 6971 and 
     inserting in lieu thereof the following new section:

     ``Sec. 6970. Midshipmen's store and Naval Academy shops, 
       laundry, and dairy: nonappropriated fund accounts

       ``(a) In General.--Under regulations prescribed by the 
     Secretary of the Navy, the Superintendent of the Naval 
     Academy shall administer a nonappropriated fund account for 
     each of the Academy activities referred to in subsection (b).
       ``(b) Activities.--Subsection (a) applies to the following 
     Academy activities:
       ``(1) The midshipmen's store.
       ``(2) The barber shop.
       ``(3) The cobbler shop.
       ``(4) The tailor shop.
       ``(5) The dairy.
       ``(6) The laundry.
       ``(c) Crediting of Revenue.--The Superintendent shall 
     credit to each account administered with respect to an 
     activity under subsection (a) all revenue received from the 
     activity.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by striking out the items relating to sections 
     6970 and 6971 and inserting in lieu thereof the following new 
     item:

``6970. Midshipmen's store and Naval Academy shops, laundry, and dairy: 
              nonappropriated fund accounts.''.

       (b) Employment Status of Employees of Activities.--Section 
     2105 of title 5, United States Code, is amended by striking 
     out subsection (b).

     SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION 
                   OF THE PRESIDENT.

       (a) In General.--Section 2543 of title 10, United States 
     Code, is amended to read to read as follows:

     ``Sec. 2543. Equipment and services: Presidential inaugural 
       committees

       ``(a) Assistance Authorized.--The Secretary of Defense may 
     provide the assistance referred to in subsection (b) to the 
     following committees:
       ``(1) An Inaugural Committee established under the first 
     section of the Presidential Inaugural Ceremonies Act (36 
     U.S.C. 721).
       ``(2) A joint committee of the Senate and House of 
     Representatives appointed under section 9 of that Act (36 
     U.S.C. 729).
       ``(b) Assistance.--The following assistance may be provided 
     under subsection (a):
       ``(1) Planning and carrying out activities relating to 
     security and safety.
       ``(2) Planning and carrying out ceremonial activities.
       ``(3) Loan of property.
       ``(4) Any other assistance that the Secretary considers 
     appropriate.
       ``(c) Reimbursement.--(1) An inaugural committee referred 
     to in subsection (a)(1) shall reimburse the Secretary for any 
     costs incurred in connection with the provision to the 
     committee of assistance referred to in subsection (b)(4).
       ``(2) Costs reimbursed under paragraph (1) shall be 
     credited to the appropriations from which the costs were 
     paid. The amount credited to an appropriation shall be 
     proportionate to the amount of the costs charged to that 
     appropriation.
       ``(d) Loaned Property.--(1) Property loaned for a 
     presidential inauguration under subsection (b)(3) shall be 
     returned within nine days after the date of the ceremony 
     inaugurating the President.
       ``(2) An inaugural committee referred to in subsection 
     (a)(1) shall give good and sufficient bond for the return in 
     good order and condition of property loaned to the committee 
     under subsection (b)(3).
       ``(3) An inaugural committee referred to in subsection 
     (a)(1) shall--
       ``(A) indemnify the United States for any loss of, or 
     damage to, property loaned to the committee under subsection 
     (b)(3); and
       ``(B) defray any expense incurred for the delivery, return, 
     rehabilitation, replacement, or operation of the property.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 152 of such title is 
     amended by striking out the item relating to section 2543 and 
     inserting in lieu thereof the following:

``2543. Equipment and services: Presidential inaugural committees.''.

     SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS.

       (a) Local Support.--The Secretary of Defense may authorize 
     the commander of a military installation or other facility of 
     the Department of Defense or the commander of a specified or 
     unified combatant command to provide assistance for the World 
     Cup Soccer Games, the Goodwill Games, the Olympics, and any 
     other major civilian sporting event in support of essential 
     security and safety at such event, but only in accordance 
     with an agreement entered into by the Secretary and one or 
     more organizations sponsoring the event and only to the 
     extent that the essential security and safety needs cannot 
     reasonably be met by a source other than the Department of 
     Defense.
       (b) Agreement.--(1) An agreement entered into with an 
     organization under this section shall provide for the 
     Department of Defense to be reimbursed for amounts expended 
     by the Department of Defense in providing support for the 
     event, except that the agreement--
       (A) may not require reimbursement to be made by an 
     organization before the sporting event covered by the 
     agreement is complete and all of the costs under the 
     organization's other contractual obligations relating to the 
     event have been paid; and
       (B) shall include a clause providing that the amount of the 
     reimbursement shall be the lesser of--
       (i) the amount, if any, of the organization's surplus funds 
     remaining after payment of all of the costs referred to in 
     subparagraph (A); or
       (ii) the amount expended by the Department in providing 
     support for the event.
       (2) The Secretary of Defense may include in the agreement 
     such additional terms and conditions as the Secretary 
     considers appropriate in the interests of the Federal 
     Government.
       (3) Paragraph (1) does not apply to support for civilian 
     sporting events known as of the date of the enactment of this 
     Act as ``Special Olympics'' or ``Paralympics''.
       (c) Inapplicability to Events Already Funded.--This section 
     does not apply with respect to a sporting event for which 
     funds have been appropriated before the date of the enactment 
     of this Act.
       (d) Surplus Funds Defined.--For the purposes of this 
     section, the term ``surplus funds'', with respect to an 
     organization sponsoring a sporting event, means the amount 
     equal to the excess of--
       (1) the total amount of the funds received by the 
     organization for the event other than revenues derived from 
     any tax, over

[[Page S6328]]

       (2) the total amount expended by the organization for 
     payment of all of the costs under the organization's 
     contractual obligations (other than an agreement entered into 
     with the Secretary of Defense under this section) that relate 
     to the event.

     SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND 
                   ACCOUNTING SERVICE CENTER, FORT BENJAMIN 
                   HARRISON, INDIANA.

       (a) Transfer Authority.--Subject to subsection (b), the 
     Secretary of Defense may transfer funds available to the 
     Department of Defense for the Defense Finance and Accounting 
     Service for a fiscal year for operation and maintenance to 
     the Administrator of General Services for paying the costs of 
     planning, design, and renovation of Building One, Fort 
     Benjamin Harrison, Indiana, for use as a Defense Finance and 
     Accounting Service Center.
       (b) Authority Subject to Authorizations and 
     Appropriations.--To the extent provided in appropriations 
     Acts--
       (1) of funds appropriated for fiscal year 1997, $9,000,000 
     may be transferred pursuant to subsection (a); and
       (2) of funds appropriated for fiscal years 1998, 1999, 
     2000, and 2001, funds may be transferred pursuant to 
     subsection (a) in such amounts as are authorized to be 
     transferred in an Act enacted after the date of the enactment 
     of this Act.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 1997, as follows:
       (1) The Army, 495,000, of which not more than 80,300 may be 
     commissioned officers.
       (2) The Navy, 407,318, of which not more than 56,165 may be 
     commissioned officers.
       (3) The Marine Corps, 174,000, of which not more than 
     17,978 may be commissioned officers.
       (4) The Air Force, 381,222, of which not more than 74,445 
     may be commissioned officers.

     SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMANENT END 
                   STRENGTH LEVELS.

       Section 691(d) of title 10, United States Code, is amended 
     by striking out ``not more than 0.5 percent'' and inserting 
     in lieu thereof ``not more than 5 percent''.

     SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS IN 
                   GRADES O-4, O-5, AND O-6.

       (a) Army, Air Force, and Marine Corps.--The table in 
     section 523(a)(1) of title 10, United States Code, is amended 
     to read as follows:

  


------------------------------------------------------------------------
                                   Number of officers who may be serving
 ``Total number of commissioned       on active duty in the grade of:   
 officers (excluding officers in ---------------------------------------
     categories specified in                    Lieutenant              
 subsection (b)) on active duty:     Major        Colonel      Colonel  
------------------------------------------------------------------------
Army:                                                                   
  20,000........................      6,848         5,253          1,613
  25,000........................      7,539         5,642          1,796
  30,000........................      8,231         6,030          1,980
  35,000........................      8,922         6,419          2,163
  40,000........................      9,614         6,807          2,347
  45,000........................     10,305         7,196          2,530
  50,000........................     10,997         7,584          2,713
  55,000........................     11,688         7,973          2,897
  60,000........................     12,380         8,361          3,080
  65,000........................     13,071         8,750          3,264
  70,000........................     13,763         9,138          3,447
  75,000........................     14,454         9,527          3,631
  80,000........................     15,146         9,915          3,814
  85,000........................     15,837        10,304          3,997
  90,000........................     16,529        10,692          4,181
  95,000........................     17,220        11,081          4,364
  100,000.......................     17,912        11,469          4,548
  110,000.......................     19,295        12,246          4,915
  120,000.......................     20,678        13,023          5,281
  130,000.......................     22,061        13,800          5,648
  170,000.......................     27,593        16,908          7,116
Air Force:                                                              
  35,000........................      9,216         7,090          2,125
  40,000........................     10,025         7,478          2,306
  45,000........................     10,835         7,866          2,487
  50,000........................     11,645         8,253          2,668
  55,000........................     12,454         8,641          2,849
  60,000........................     13,264         9,029          3,030
  65,000........................     14,073         9,417          3,211
  70,000........................     14,883         9,805          3,392
  75,000........................     15,693        10,193          3,573
  80,000........................     16,502        10,582          3,754
  85,000........................     17,312        10,971          3,935
  90,000........................     18,121        11,360          4,115
  95,000........................     18,931        11,749          4,296
  100,000.......................     19,741        12,138          4,477
  105,000.......................     20,550        12,527          4,658
  110,000.......................     21,360        12,915          4,838
  115,000.......................     22,169        13,304          5,019
  120,000.......................     22,979        13,692          5,200
  125,000.......................     23,789        14,081          5,381
Marine Corps:                                                           
  10,000........................      2,525         1,480            571
  12,500........................      2,900         1,600            592
  15,000........................      3,275         1,720            613
  17,500........................      3,650         1,840            633
  20,000........................      4,025         1,960            654
  22,500........................      4,400         2,080            675
  25,000........................      4,775         2,200        695''. 
------------------------------------------------------------------------


       (b) Navy.--The table in section 523(a)(2) of title 10, 
     United States Code, is amended to read as follows:


------------------------------------------------------------------------
                                  Number of officers who may be serving 
 ``Total number of commissioned        on active duty in grade of:      
officers (excluding officers in ----------------------------------------
    categories specified in       Lieutenant                            
subsection (b)) on active duty:    Commander     Commander     Captain  
------------------------------------------------------------------------
Navy:                                                                   
  30,000.......................       7,331         5,018          2,116
  33,000.......................       7,799         5,239          2,223
  36,000.......................       8,267         5,460          2,330
  39,000.......................       8,735         5,681          2,437
  42,000.......................       9,203         5,902          2,544
  45,000.......................       9,671         6,123          2,651
  48,000.......................      10,139         6,343          2,758
  51,000.......................      10,606         6,561          2,864
  54,000.......................      11,074         6,782          2,971
  57,000.......................      11,541         7,002          3,078
  60,000.......................      12,009         7,222          3,185
  63,000.......................      12,476         7,441          3,292
  66,000.......................      12,944         7,661          3,398
  70,000.......................      13,567         7,954          3,541
  90,000.......................      16,683         9,419      4,254''. 
------------------------------------------------------------------------


       (c) Repeal of Temporary Authority for Variations in End 
     Strengths.--The following provisions of law are repealed:
       (1) Section 402 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1639; 10 
     U.S.C. 523 note).
       (2) Section 402 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2743; 10 
     U.S.C. 523 note).
       (3) Section 402 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 286; 10 
     U.S.C. 523 note).
       (d) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on September 1, 1997.

     SEC. 404. EXTENSION OF REQUIREMENT FOR RECOMMENDATIONS 
                   REGARDING APPOINTMENTS TO JOINT 4-STAR OFFICER 
                   POSITIONS.

       Section 604(c) of title 10, United States Code, is amended 
     by striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 2000''.

     SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS 
                   ON ACTIVE DUTY IN THE MARINE CORPS.

       Section 526(a)(4) of title 10, United States Code, is 
     amended by striking out ``68'' and inserting in lieu thereof 
     ``80''.
                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 1997, as follows:
       (1) The Army National Guard of the United States, 366,758.
       (2) The Army Reserve, 214,925.
       (3) The Naval Reserve, 96,304.
       (4) The Marine Corps Reserve, 42,000.
       (5) The Air National Guard of the United States, 108,594.
       (6) The Air Force Reserve, 73,281.
       (7) The Coast Guard Reserve, 8,000.
       (b) Waiver Authority.--The Secretary of Defense may vary 
     the end strength authorized by subsection (a) by not more 
     than 2 percent.
       (c) Adjustments.--The end strengths prescribed by 
     subsection (a) for the Selected Reserve of any reserve 
     component for a fiscal year shall be proportionately reduced 
     by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year, and
       (2) the total number of individual members not in units 
     organized to serve as units of the Selected Reserve of such 
     component who are on active duty (other than for training or 
     for unsatisfactory participation in training) without their 
     consent at the end of the fiscal year.

     Whenever such units or such individual members are released 
     from active duty during any fiscal year, the end strength 
     prescribed for such fiscal year for the Selected Reserve of 
     such reserve component shall be proportionately increased by 
     the total authorized strengths of such units and by the total 
     number of such individual members.

     SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
                   SUPPORT OF THE RESERVES.

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 1997, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 22,798.
       (2) The Army Reserve, 11,475.
       (3) The Naval Reserve, 16,603.
       (4) The Marine Corps Reserve, 2,559.
       (5) The Air National Guard of the United States, 10,378.
       (6) The Air Force Reserve, 655.
              Subtitle C--Authorization of Appropriations

     SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     1997 a total of $69,878,430,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 1997.

[[Page S6329]]

                   TITLE V--MILITARY PERSONNEL POLICY
                  Subtitle A--Officer Personnel Policy

     SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY PROMOTIONS FOR 
                   CERTAIN NAVY LIEUTENANTS WITH CRITICAL SKILLS.

       Section 5721(g) of title 10, United States Code, is amended 
     by striking out ``September 30, 1996'' and inserting in lieu 
     thereof ``September 30, 1997''.

     SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR 
                   APPOINTMENT IN THE NAVAL RESERVE IN GRADES 
                   ABOVE O-2.

       Section 12205(b)(3) of title 10, United States Code, is 
     amended by inserting ``or the Seaman to Admiral program'' 
     after ``(NAVCAD) program''.

     SEC. 503. TIME FOR AWARD OF DEGREES BY UNACCREDITED 
                   EDUCATIONAL INSTITUTIONS FOR GRADUATES TO BE 
                   CONSIDERED EDUCATIONALLY QUALIFIED FOR 
                   APPOINTMENT AS RESERVE OFFICERS IN GRADE O-3.

       Section 12205(c)(2)(C) of title 10, United States Code, is 
     amended by striking out ``three years'' and inserting in lieu 
     thereof ``eight years''.

     SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.

       (a) Reduction of Minimum Time in Grade Required for 
     Consideration for Promotion.--Section 574(e) of title 10, 
     United States Code, is amended by striking out ``three years 
     of service'' and inserting in lieu thereof ``two years of 
     service''.
       (b) Below-Zone Selection.--Section 575(b)(1) of such title 
     is amended by inserting ``chief warrant officer, W-3,'' in 
     the first sentence after ``to consider warrant officers for 
     selection for promotion to the grade of''.

     SEC. 505. FREQUENCY OF PERIODIC REPORT ON PROMOTION RATES OF 
                   OFFICERS CURRENTLY OR FORMERLY SERVING IN JOINT 
                   DUTY ASSIGNMENTS.

       Section 662(b) of title 10, United States Code, is amended 
     by striking out ``not less often than every six months'' in 
     the parenthetical in the first sentence and inserting in lieu 
     thereof ``not less often than every twelve months''.
           Subtitle B--Matters Relating to Reserve Components

     SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STATUS.

       Section 101(d)(4) of title 10, United States Code, is 
     amended by striking out ``a reserve commissioned officer, 
     other than a commissioned warrant officer,'' and inserting in 
     lieu thereof the following: ``a member of a reserve 
     component''.

     SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL MANAGEMENT 
                   ACT PROVISIONS.

       (a) Service Requirement for Retirement in Highest Grade 
     Held.--Section 1370(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4);
       (2) in paragraph (2)(A), by striking out ``(A)'';
       (3) by redesignating paragraph (2)(B) as paragraph (3); and
       (4) in paragraph (3), as so redesignated--
       (A) by designating the first sentence as subparagraph (A);
       (B) by designating the second sentence as subparagraph (B) 
     and realigning such subparagraph, as so redesignated, flush 
     to the left margin;
       (C) in subparagraph (B), as so redesignated, by striking 
     out ``the preceding sentence'' and inserting in lieu thereof 
     ``subparagraph (A)''; and
       (D) by adding at the end the following:
       ``(C) If a person covered by subparagraph (A) has completed 
     at least six months of satisfactory service in grade, the 
     person was serving in that grade while serving in a position 
     of adjutant general required under section 314 of title 32 or 
     while serving in a position of assistant adjutant general 
     subordinate to such a position of adjutant general, and the 
     person has failed to complete three years of service in that 
     grade solely because the person's appointment to such 
     position has been terminated or vacated as described in 
     section 324(b) of such title, then such person may be 
     credited with satisfactory service in that grade, 
     notwithstanding the failure to complete three years of 
     service in that grade.
       ``(D) To the extent authorized by the Secretary of the 
     military department concerned, a person who, after having 
     been recommended for promotion in a report of a promotion 
     board but before being promoted to the recommended grade, 
     served in a position for which that grade is the minimum 
     authorized grade may be credited for purposes of subparagraph 
     (A) as having served in that grade for the period for which 
     the person served in that position while in the next lower 
     grade. The period credited may not include any period before 
     the date on which the Senate provides advice and consent for 
     the appointment of that person in the recommended grade.
       ``(E) To the extent authorized by the Secretary of the 
     military department concerned, a person who, after having 
     been extended temporary Federal recognition as a reserve 
     officer of the Army National Guard in a particular grade 
     under section 308 of title 32 or temporary Federal 
     recognition as a reserve officer of the Air National Guard in 
     a particular grade under such section, served in a position 
     for which that grade is the minimum authorized grade may be 
     credited for purposes of subparagraph (A) as having served in 
     that grade for the period for which the person served in that 
     position while extended the temporary Federal recognition, 
     but only if the person was subsequently extended permanent 
     Federal recognition as a reserve officer in that grade and 
     also served in that position after being extended the 
     permanent Federal recognition.''.
       (b) Exception to Requirement for Retention of Reserve 
     Officers Until Completion of Required Service.--Section 
     12645(b)(2) of such title is amended by inserting ``or a 
     reserve active-status list'' after ``active-duty list''.
       (c) Technical Correction.--Section 14314(b)(2)(B) of such 
     title is amended by striking out ``of the Air Force''.

     SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMINATIONS OF 
                   MEMBERS OF NATIONAL GUARD CALLED INTO FEDERAL 
                   SERVICE.

       (a) Repeal.--Section 12408 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 is amended by striking out the item 
     relating to section 12408.

     SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE 
                   RETIREMENT SANCTUARY.

       Section 12686 of title 10, United States Code, is amended--
       (1) by inserting ``(a) Limitation.--'' before ``Under 
     regulations''; and
       (2) by adding at the end the following new subsection:
       ``(b) Waiver.--(1) The Secretary concerned may authorize a 
     member described in paragraph (2) to waive the applicability 
     of the limitation under subsection (a) to the member for the 
     period of active duty described in that paragraph. A member 
     shall exercise any such waiver option, if at all, before the 
     period of active duty begins.
       ``(2) The authority provided in paragraph (1) applies to a 
     member of a reserve component who is on active duty (other 
     than for training) pursuant to an order to active duty under 
     section 12301 of this title that specifies a period of less 
     than 180 days.''.

     SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY OR 
                   DISEASE INCURRED OR AGGRAVATED DURING OVERNIGHT 
                   STAY BETWEEN INACTIVE DUTY TRAINING PERIODS.

       Paragraph (2) of section 1204 of title 10, United States 
     Code, is amended to read as follows:
       ``(2) the disability is a result of--
       ``(A) performing active duty or inactive-duty training;
       ``(B) traveling directly to or from the place at which such 
     duty is performed; or
       ``(C) an injury, illness, or disease incurred or aggravated 
     while remaining overnight, between successive periods of 
     inactive-duty training, at or in the vicinity of the site of 
     the inactive duty training, if the site is outside reasonable 
     commuting distance of the member's residence;''.

     SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE HEALTH 
                   PROFESSIONS SCHOLARSHIP AND FINANCIAL 
                   ASSISTANCE PROGRAM.

       (a) Credit Authorized.--Section 2126 of title 10, United 
     States Code, is amended--
       (1) by striking out ``Service performed'' and inserting in 
     lieu thereof ``(a) Service Not Creditable.--Except as 
     provided in subsection (b), service performed''; and
       (2) by adding at the end the following:
       ``(b) Exception.--(1) The Secretary concerned may authorize 
     service performed by a member of the program in pursuit of a 
     course of study under this subchapter to be counted in 
     accordance with this subsection if the member--
       ``(A) completes the course of study;
       ``(B) completes the active duty obligation imposed under 
     section 2123(a) of this title; and
       ``(C) possesses a specialty designated by the Secretary 
     concerned as critically needed in wartime.
       ``(2) Service credited under paragraph (1) counts only for 
     the following purposes:
       ``(A) Award of retirement points for computation of years 
     of service under section 12732 of this title and for 
     computation of retired pay under section 12733 of this title.
       ``(B) Computation of years of service creditable under 
     section 205 of title 37.
       ``(3) For purposes of paragraph (2)(A), a member may be 
     credited in accordance with paragraph (1) with not more than 
     50 points for each year of participation in a course of study 
     that the member satisfactorily completes as a member of the 
     program.
       ``(4) Service may not be counted under paragraph (1) for 
     more than four years of participation in a course of study as 
     a member of the program.
       ``(5) A member who is dropped from the program under 
     section 2123(c) of this title may not receive any credit 
     under paragraph (1) for participation in a course of study as 
     a member of the program. Any credit awarded for participation 
     in the program before the member is dropped shall be 
     rescinded.
       ``(6) A member is not entitled to any retroactive award of, 
     or increase in, pay or allowances under title 37 by reason of 
     an award of service credit under paragraph (1).''.
       (b) Award of Retirement Points.--(1) Section 12732(a)(2) of 
     such title is amended--
       (A) by inserting after clause (C) the following:
       ``(D) Points credited for the year under section 2126(b) of 
     this title.''; and
       (B) in the matter following clause (D), as inserted by 
     paragraph (1), by striking out ``and (C)'' and inserting in 
     lieu thereof ``(C), and (D)''.
       (2) Section 12733(3) of such title is amended by striking 
     out ``or (C)'' and inserting in lieu thereof ``(C), or (D)''.

[[Page S6330]]

     SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUCTURE.

       (a) Report.--Not later than March 1, 1997, the Secretary of 
     Defense shall submit to Congress a report on the current 
     force structure and the projected force structure of the 
     National Guard and the other reserve components.
       (b) Report Elements.--The report required by subsection (a) 
     shall address the following:
       (1) The role of specific guard and reserve units in the 
     current force structure of the guard and reserves.
       (2) The projected role of specific guard units and reserve 
     units in a major regional contingency.
       (3) Whether or not the current force structure of the guard 
     and reserves is excess to the combat readiness requirements 
     of the Armed Forces and, if so, to what extent.
       (4) The effect of decisions relating to the force structure 
     of the guard and reserves on combat readiness within the 
     tiered structure of combat readiness applied to the Armed 
     Forces.
                 Subtitle C--Officer Education Programs

     SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A CADET OR 
                   MIDSHIPMAN IN THE SENIOR RESERVE OFFICERS' 
                   TRAINING CORPS AND THE SERVICE ACADEMIES.

       (a) Senior Reserve Officers' Training Corps.--Section 
     2107(a) of title 10, United States Code, is amended by 
     striking out ``25 years of age'' and inserting in lieu 
     thereof ``27 years of age''.
       (b) United States Military Academy.--Section 4346(a) of 
     title 10, United States Code, is amended by striking out 
     ``twenty-second birthday'' and inserting in lieu thereof 
     ``twenty-third birthday''.
       (c) United States Naval Academy.--Section 6958(a)(1) of 
     title 10, United States Code, is amended by striking out 
     ``twenty-second birthday'' and inserting in lieu thereof 
     ``twenty-third birthday''.
       (d) United States Air Force Academy.--Section 9346(a) of 
     title 10, United States Code, is amended by striking out 
     ``twenty-second birthday'' and inserting in lieu thereof 
     ``twenty-third birthday''.

     SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION AND SUPPORT 
                   OF ARMY ROTC UNITS BY MEMBERS OF THE ARMY 
                   RESERVE AND NATIONAL GUARD.

       (a) In General.--The Secretary of the Army shall carry out 
     a demonstration project in order to assess the feasibility 
     and advisability of providing instruction and similar support 
     to units of the Reserve Officers Training Corps of the Army 
     through members of the Army Reserve (including members of the 
     Individual Ready Reserve) and members of the Army National 
     Guard.
       (b) Project Requirements.--(1) The Secretary shall carry 
     out the demonstration project at least one institution.
       (2) In order to enhance the value of the project, the 
     Secretary may take actions to ensure that members of the Army 
     Reserve and the Army National Guard provide instruction and 
     support under the project in a variety of innovative ways.
       (c) Inapplicability of Limitation on Reserves in Support of 
     ROTC.--The assignment of a member of the Army Reserve or the 
     Army National Guard to provide instruction or support under 
     the demonstration project shall not be treated as an 
     assignment of the member to duty with a unit of a Reserve 
     Officer Training Corps program for purposes of section 12321 
     of title 10, United States Code.
       (d) Reports.--Not later than February 1 in each of 1998, 
     1999, 2000, and 2001, the Secretary shall submit to Congress 
     a report assessing the activities under the project during 
     the preceding year. The report submitted in 2000 shall 
     include the Secretary's recommendation as to the advisability 
     of continuing or expanding the authority for the project.
       (e) Termination.--The authority of the Secretary to carry 
     out the demonstration project shall expire four years after 
     the date of the enactment of this Act.
                       Subtitle D--Other Matters

     SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION 
                   WHEN A PHYSICAL DISABILITY IS FOUND AT ANY 
                   PHYSICAL EXAMINATION.

       Section 1372(3) of title 10, United States Code, is amended 
     by striking out ``his physical examination for promotion'' 
     and inserting in lieu thereof ``a physical examination''.

     SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE 
                   DUTY.

       (a) Number on Active Duty Concurrently.--Subsection (c) of 
     section 688 of title 10, United States Code, is amended--
       (1) by striking out ``(c) Except in time of war, or of 
     national emergency declared by Congress or the President 
     after November 30, 1980, not'' and inserting in lieu thereof 
     ``(c)(1) Not''; and
       (2) by adding at the end the following:
       ``(2) Not more than 25 officers of any one armed force may 
     be serving on active duty concurrently pursuant to orders to 
     active duty issued under this section.''.
       (b) Officers Retired on Selective Early Retirement Basis.--
     Such section is amended by adding at the end the following:
       ``(e) The following officers may not be ordered to active 
     duty under this section:
       ``(1) An officer who retired under section 638 of this 
     title.
       ``(2) An officer who--
       ``(A) after having been notified that the officer was to be 
     considered for early retirement under section 638 of this 
     title by a board convened under section 611(b) of this title 
     and before being considered by that board, requested 
     retirement under section 3911, 6323, or 8911 of this title; 
     and
       ``(B) was retired pursuant to that request.''.
       (c) Limitation of Period of Recall Service.--Such section, 
     as amended by subsection (b), is further amended by adding at 
     the end the following:
       ``(f)(1) A member ordered to active duty under subsection 
     (a) may not serve on active duty pursuant to orders under 
     such subsection for more than 12 months within the 24 months 
     following the first day of the active duty to which ordered 
     under this section.
       ``(2) Paragraph (1) does not apply to the following:
       ``(A) A chaplain who is assigned to duty as a chaplain for 
     the period of active duty to which ordered.
       ``(B) A health care professional (as characterized by the 
     Secretary concerned) who is assigned to duty as a health care 
     professional for the period of the active duty to which 
     ordered.
       ``(C) Any officer assigned to duty with the American Battle 
     Monuments Commission for the period of active duty to which 
     ordered.''.
       (d) Waiver for Periods of War or National Emergency.--Such 
     section, as amended by subsection (c), is further amended by 
     adding at the end the following:
       ``(g)(1) Subsection (c)(1) does not apply in time of war or 
     of national emergency declared by Congress or the President 
     after November 30, 1980.
       ``(2) Subsections (c)(2), (e), and (f) do not apply in time 
     of war or of national emergency declared by Congress or the 
     President.''.

     SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED EXCESS 
                   LEAVE FOR EDUCATIONAL PURPOSES.

       (a) Eligibility for Retirement.--Section 1201 of title 10, 
     United States Code, is amended--
       (1) by inserting ``(a) Retirement.--'' before ``Upon a 
     determination'';
       (2) by striking out ``a member of a regular component of 
     the armed forces entitled to basic pay, or any other member 
     of the armed forces entitled to basic pay who has been called 
     or ordered to active duty (other than for training under 
     section 10148(a) of this title) for a period of more than 30 
     days,'' and inserting in lieu thereof ``a member described in 
     subsection (b)'';
       (3) by inserting after ``incurred while entitled to basic 
     pay'' the following: ``or incurred while absent as described 
     in section 502(b) of title 37 to participate in an 
     educational program (even though not entitled to basic pay by 
     operation of such section)''; and
       (4) by adding at the end the following:
       ``(b) Eligible Members.--This section applies to the 
     following members:
       ``(1) A member of a regular component of the armed forces 
     entitled to basic pay.
       ``(2) Any other member of the armed forces entitled to 
     basic pay who has been called or ordered to active duty 
     (other than for training under section 10148(a) of this 
     title) for a period of more than 30 days.
       ``(3) A member of a regular component of the armed forces 
     who is on active duty but is absent as described in section 
     502(b) of title 37 to participate in an educational 
     program.''.
       (b) Eligibility for Placement on Temporary Disability 
     Retirement List.--Section 1202 of title 10, United States 
     Code, is amended--
       (1) by inserting ``(a) Temporary Retirement.--'' before 
     ``Upon a determination''; and
       (2) by striking out ``a member of a regular component of 
     the armed forces entitled to basic pay, or any other member 
     of the armed forces entitled to basic pay who has been called 
     or ordered to active duty (other than for training under 
     section 10148(a) of this title) for a period of more than 30 
     days,'' and inserting in lieu thereof ``a member described in 
     section 1201(b) of this title''.
       (c) Eligibility for Separation.--Section 1203 of title 10, 
     United States Code, is amended--
       (1) by inserting ``(a) Separation.--'' before ``Upon a 
     determination'';
       (2) by striking out ``a member of a regular component of 
     the armed forces entitled to basic pay, or any other member 
     of the armed forces entitled to basic pay who has been called 
     or ordered to active duty (other than for training under 
     section 10148(a) of this title) for a period of more than 30 
     days,'' and inserting in lieu thereof ``a member described in 
     section 1201(b) of this title''; and
       (3) by inserting after ``incurred while entitled to basic 
     pay'' the following: ``or incurred while absent as described 
     in section 502(b) of title 37 to participate in an 
     educational program (even though not entitled to basic pay by 
     operation of such section)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to physical disabilities 
     incurred on or after such date.

     SEC. 534. UNIFORM POLICY REGARDING RETENTION OF MEMBERS WHO 
                   ARE PERMANENTLY NONWORLDWIDE ASSIGNABLE.

       (a) Policy Required.--Chapter 59 of title 10, United States 
     Code, is amended by inserting after section 1176 the 
     following:

[[Page S6331]]

     ``Sec. 1177. Uniform policy regarding retention of members 
       who are permanently nonworldwide assignable

       ``The Secretary of Defense shall prescribe regulations 
     setting forth uniform policies and procedures regarding 
     retention of members of the Army, Navy, Air Force, and Marine 
     Corps who are permanently nonworldwide assignable for medical 
     reasons.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1176 the following:

``1177. Uniform policy regarding retention of members who are 
              permanently nonworldwide assignable.''.

     SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLISTMENT IN 
                   REGULAR COMPONENT UNDER THE DELAYED ENTRY 
                   PROGRAM.

       (a) Authority.--Section 513(b) of title 10, United States 
     Code, is amended by inserting after the first sentence the 
     following: ``The Secretary concerned may extend the 365-day 
     period for a person for up to 180 additional days if the 
     Secretary determines that it is in the best interests of the 
     armed force under the Secretary's jurisdiction to do so.''.
       (b) Technical Amendments.--Section 513(b) of such title, as 
     amended by subsection (a), is further amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by designating the third sentence as paragraph (2) and 
     realigning such paragraph, as so designated, flush to the 
     left margin; and
       (3) in paragraph (2), as so designated, by striking out 
     ``the preceding sentence'' and inserting in lieu thereof 
     ``paragraph (1)''.

     SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEMBERS WITH AT 
                   LEAST 10 YEARS OF SERVICE.

       Subsection (d) of section 505 of title 10, United States 
     Code, is amended to read as follows:
       ``(d)(1) The Secretary concerned may accept a reenlistment 
     in the Regular Army, Regular Navy, Regular Air Force, Regular 
     Marine Corps, or Regular Coast Guard, as the case may be, for 
     a period determined under this subsection.
       ``(2) In the case of a member who has less than 10 years of 
     service in the armed forces as of the day before the first 
     day of the period for which reenlisted, the period for which 
     the member reenlists shall be at least two years but not more 
     than six years.
       ``(3) In the case of a member who has at least 10 years of 
     service in the armed forces as of the day before the first 
     day of the period for which reenlisted, the Secretary 
     concerned may accept a reenlistment for either--
       ``(A) a specified period of at least two years but not more 
     than six years; or
       ``(B) an unspecified period.
       ``(4) No enlisted member is entitled to be reenlisted for a 
     period that would expire before the end of the member's 
     current enlistment.''.

     SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.

       (a) Repeal of Applicability of Authorities to Department of 
     Defense Civilian Employees and Contractor Employees.--(1) 
     Section 1501 of title 10, United States Code, is amended--
       (A) by striking out subsection (c) and inserting in lieu 
     thereof the following new subsection (c):
       ``(c) Covered Persons.--Section 1502 of this title applies 
     in the case of any member of the armed forces on active duty 
     who becomes involuntarily absent as a result of a hostile 
     action, or under circumstances suggesting that the 
     involuntary absence is a result of a hostile action, and 
     whose status is undetermined or who is unaccounted for.''; 
     and
       (B) by striking out subsection (f).
       (2) Section 1503(c) of such title is amended--
       (A) in paragraph (1), by striking out ``one individual 
     described in paragraph (2)'' and inserting in lieu thereof 
     ``one military officer'';
       (B) by striking out paragraph (2); and
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (3) Section 1504(d) of such title is amended--
       (A) by striking out the text of paragraph (1) and inserting 
     in lieu thereof the following new text: ``A board under this 
     section shall be composed of at least three members who are 
     officers having the grade of major or lieutenant commander or 
     above.''; and
       (B) in paragraph (4), by striking out ``section 
     1503(c)(4)'' and inserting in lieu thereof ``section 
     1503(c)(3)''.
       (4) Paragraph (1) of section 1513 of such title is amended 
     to read as follows:
       ``(1) The term `missing person' means a member of the armed 
     forces on active duty who is in a missing status.''.
       (b) Report on Preliminary Assessment of Status.--(1) 
     Section 1502 of title 10, United States Code, is amended--
       (A) in subsection (a)(2)--
       (i) by striking out ``48 hours'' and inserting in lieu 
     thereof ``10 days''; and
       (ii) by striking out ``theater component commander with 
     jurisdiction over the missing person'' and inserting in lieu 
     thereof ``Secretary concerned'';
       (B) by striking out subsection (b);
       (C) by redesignating subsection (c) as subsection (b); and
       (D) in subsection (b), as so redesignated, by striking out 
     the second sentence.
       (2) Section 1503(a) of such title is amended by striking 
     out ``section 1502(b)'' and inserting in lieu thereof 
     ``section 1502(a)''.
       (3) Section 1513 of such title is amended by striking out 
     paragraph (8).
       (c) Repeal of Requirements for Counsels for Missing 
     Persons.--(1) Section 1503 of title 10, United States Code, 
     is amended--
       (A) by striking out subsection (f); and
       (B) by redesignating subsections (g) through (k) as 
     subsections (f) through (j), respectively.
       (2) Section 1504 of such title is amended--
       (A) by striking out subsection (f); and
       (B) by redesignating subsections (g) through (m) as 
     subsections (f) through (l), respectively.
       (3) Such section 1503 is further amended--
       (A) in subsection (g)(3), as redesignated by paragraph 
     (1)(B) of this subsection, by striking out ``subsection (j)'' 
     and inserting in lieu thereof ``subsection (i)'';
       (B) in subsection (h)(1), as so redesignated, by striking 
     out ``subsection (h)'' and inserting in lieu thereof 
     ``subsection (g)'';
       (C) in subsection (i), as so redesignated--
       (i) by striking out ``subsection (i)'' in the matter 
     preceding paragraph (1) and inserting in lieu thereof 
     ``subsection (h)''; and
       (ii) in paragraph (1)(B), by striking out ``subsection 
     (h)'' and inserting in lieu thereof ``subsection (g)''; and
       (D) in subsection (j), as so redesignated, by striking out 
     ``subsection (i)'' and inserting in lieu thereof ``subsection 
     (h)''.
       (4) Such section 1504 of such title is amended--
       (A) in subsection (a), by striking out ``section 1503(i)'' 
     and inserting in lieu thereof ``section 1503(h)'';
       (B) in subsection (e)(1), by striking out ``section 
     1503(h)'' and inserting in lieu thereof ``section 1503(g)'';
       (C) in subsection (f), as redesignated by paragraph (2)(B) 
     of this subsection, by striking out ``subsection (i)'' each 
     place it appears in paragraphs (4)(D) and (5)(B) and 
     inserting in lieu thereof ``subsection (h)'';
       (D) in subsection (g)(3)(A), as so redesignated, by 
     striking out ``and the counsel for the missing person 
     appointed under subsection (f)'';
       (E) in subsection (j), as so redesignated--
       (i) in paragraph (1)--
       (I) by striking out ``subsection (j)'' in the matter 
     preceding subparagraph (A) and inserting in lieu thereof 
     ``subsection (i)'';
       (II) by inserting ``and'' at the end of subparagraph (A);
       (III) by striking out subparagraph (B); and
       (IV) by redesignating subparagraph (C) as subparagraph (B) 
     and in that subparagraph, as so redesignated, by striking out 
     ``subsection (g)(5)'' and inserting in lieu thereof 
     ``subsection (f)(5)''; and
       (ii) in paragraph (2), by striking out ``subparagraph (C)'' 
     and inserting in lieu thereof ``subparagraph (B)'';
       (F) in subsection (k), as redesignated by paragraph (2)(B) 
     of this subsection, by striking out ``subsection (k)'' in the 
     matter preceding paragraph (1) and inserting in lieu thereof 
     ``subsection (j)''; and
       (G) in subsection (l), as so redesignated, by striking out 
     ``subsection (k)'' and inserting in lieu thereof ``subsection 
     (l)''.
       (5) Section 1505(c) of such title is amended--
       (A) in paragraph (2), by striking out ``(A) the designated 
     missing person's counsel for that person, and (B)''; and
       (B) in paragraph (3), by striking out ``, with the advice'' 
     and all that follows through ``paragraph (2),''.
       (6) Section 1509(a) of such title is amended by striking 
     out ``section 1504(g)'' and inserting in lieu thereof 
     ``section 1504(f)''.
       (d) Frequency of Subsequent Reviews.--Subsection (b) of 
     section 1505 of title 10, United States Code, is amended to 
     read as follows:
       ``(b) Frequency of Subsequent Reviews.--The Secretary 
     concerned shall conduct inquiries into the whereabouts and 
     status of a person under subsection (a) upon receipt of 
     information that may result in a change of status of the 
     person. The Secretary concerned shall appoint a board to 
     conduct such inquiries.''.
       (e) Repeal of Statutory Penalties for Wrongful Withholding 
     of Information.--Section 1506 of title 10, United States 
     Code, is amended--
       (1) by striking out subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (f) Information To Accompany Recommendation of Status of 
     Death.--Section 1507(b) of title 10, United States Code, is 
     amended by striking out paragraphs (3) and (4).
       (g) Repeal of Right of Judicial Review.--Section 1508 of 
     title 10, United States Code, is repealed.
       (h) Scope of Preenactment Review.--(1) Section 1509 of 
     title 10, United States Code, is amended--
       (A) in subsection (b)--
       (i) by striking out paragraph (1); and
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (B) by striking out subsection (c);
       (C) by redesignating subsection (d) as subsection (c); and
       (D) in subsection (c), as so redesignated--
       (i) by striking out paragraph (1); and
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.
       (2) The section heading of such section is amended by 
     striking out ``, special interest cases''.
       (i) Clerical Amendments.--The table of sections at the 
     beginning of chapter 76 of title 10, United States Code, is 
     amended--

[[Page S6332]]

       (1) in the item relating to section 1509, by striking out 
     ``, special interest cases''; and
       (2) by striking out the item relating to section 1509.

     SEC. 538. INAPPLICABILITY OF SOLDIERS' AND SAILORS' CIVIL 
                   RELIEF ACT OF 1940 TO THE PERIOD OF LIMITATIONS 
                   FOR FILING CLAIMS FOR CORRECTIONS OF MILITARY 
                   RECORDS.

       (a) Extension of Period.--Section 1552(b) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding the provisions of section 205 of the 
     Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 
     App. 525), and any other provision of law, the three-year 
     period for filing a request for correction of records is not 
     extended by reason of military service. However, in 
     determining under paragraph (1) whether it is in the interest 
     of justice to excuse a failure timely to file a request for 
     correction, the board shall consider the claimant's military 
     service and its effect on the claimant's ability to file a 
     claim.''.
       (b) Effective Date.--Paragraph (2) of section 1552(b) of 
     such title, as added by subsection (a), shall take effect 
     three years after the date of the enactment of this Act.

     SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMERICAN 
                   SOLDIERS WHO SERVED IN WORLD WAR II.

       (a) Inapplicability of Time Limitations.--Notwithstanding 
     the time limitations in section 3744(b) of title 10, United 
     States Code, or any other time limitation, the President may 
     award the Medal of Honor to each person identified in 
     subsection (b), each such person having distinguished himself 
     conspicuously by gallantry and intrepidity at the risk of his 
     life above and beyond the call of duty while serving in the 
     United States Army during World War II.
       (b) Applicability.--The authority in this section applies 
     with respect to the following persons:
       (1) Vernon J. Baker, who served as a first lieutenant in 
     the 370th Infantry Regiment, 92nd Infantry Division.
       (2) Edward A. Carter, who served as a staff sergeant in the 
     56th Armored Infantry Battalion, 12th Armored Division.
       (3) John R. Fox, who served as a first lieutenant in the 
     366th Infantry Regiment, 92nd Infantry Division.
       (4) Willy F. James, Jr., who served as a private first 
     class in the 413th Infantry Regiment, 104th Infantry 
     Division.
       (5) Ruben Rivers, who served as a staff sergeant in the 
     761st Tank Battalion.
       (6) Charles L. Thomas, who served as a first lieutenant in 
     the 614th Tank Destroyer Battalion.
       (7) George Watson, who served as a private in the 29th 
     Quartermaster Regiment.
       (c) Posthumous Award.--The Medal of Honor may be awarded 
     under this section posthumously, as provided in section 3752 
     of title 10, United States Code.
       (d) Prior Award.--The Medal of Honor may be awarded under 
     this section for service for which a Distinguished-Service 
     Cross, or other award, has been awarded.
      Subtitle E--Commissioned Corps of the Public Health Service

     SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF 
                   PROHIBITION ON CREDITING CADET OR MIDSHIPMEN 
                   SERVICE AT THE SERVICE ACADEMIES.

       Section 971(b) of title 10, United States Code, is 
     amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``or an officer in the Commissioned 
     Corps of the Public Health Service''; and
       (2) in subsection (b)--
       (A) by striking out ``and'' at the end of paragraph (2);
       (B) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) no officer in the Commissioned Corps of the Public 
     Health Service may be credited with service as a midshipman 
     at the United States Naval Academy or as a cadet at the 
     United States Military Academy, United States Air Force 
     Academy, or United States Coast Guard Academy.''.

     SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC HEALTH 
                   SERVICE OFFICERS ASSIGNED TO THE DEPARTMENT OF 
                   DEFENSE.

       Section 206 of the Public Health Service Act (42 U.S.C. 207 
     et seq.) is amended by adding at the end thereof the 
     following new subsection:
       ``(f) Exception to Grade Limitations for Officers Assigned 
     to Department of Defense.--In computing the maximum number of 
     commissioned officers of the Public Health Service authorized 
     by law to hold a grade which corresponds to the grade of 
     captain, major, lieutenant colonel, or colonel, there may be 
     excluded from such computation officers who hold such a grade 
     while the officers are assigned to duty in the Department of 
     Defense.''.
 Subtitle F--Defense Economic Adjustment, Diversification, Conversion, 
                           and Stabilization

     SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT PLACEMENT 
                   PROGRAM TO INCLUDE FIREFIGHTERS.

       Section 1152(g) of title 10, United States Code, is 
     amended--
       (1) by striking out ``(g) Conditional Expansion of 
     Placement to Include Firefighters.--(1) Subject to paragraph 
     (2), the'' and inserting in lieu thereof ``(g) Authority To 
     Expand Placement To Include Firefighters.--The''; and
       (2) in paragraph (2), by striking out the first sentence.

     SEC. 572. TROOPS-TO-TEACHERS PROGRAM IMPROVEMENTS.

       (a) Separated Members of the Armed Forces.--(1) Subsection 
     (a) of section 1151 of title 10, United States Code, is 
     amended by striking out ``may establish'' and inserting in 
     lieu thereof ``shall establish''.
       (2) Such section is further amended--
       (A) in subsection (f)(2), by striking out ``five school 
     years'' in subparagraphs (A) and (B) and inserting in lieu 
     thereof ``two school years''; and
       (B) in subsection (h)(3)(A), by striking out ``five 
     consecutive school years'' and inserting in lieu thereof 
     ``two consecutive school years''.
       (3) Subsection (g)(2) of such section is amended--
       (A) by striking out the comma after ``section 1174a of this 
     title'' and inserting in lieu thereof ``or''; and
       (B) by striking out ``, or retires pursuant to the 
     authority provided in section 4403 of the National Defense 
     Authorization Act for fiscal year 1993 (Public Law 102-484; 
     10 U.S.C. 1293 note)''.
       (4) Subsection (h)(3)(B) of such section is amended--
       (A) in clause (i), by striking out ``$25,000'' and 
     inserting in lieu thereof ``$17,000'';
       (B) in clause (ii)--
       (i) by striking out ``40 percent'' and inserting in lieu 
     thereof ``25 percent''; and
       (ii) by striking out ``$10,000'' and inserting in lieu 
     thereof ``$8,000''; and
       (C) by striking out clauses (iii), (iv), and (v).
       (b) Savings Provision.--The amendments made by this section 
     do not effect obligations under agreements entered into in 
     accordance with section 1151 of title 10, United States Code, 
     before the date of the enactment of this Act.
                Subtitle G--Armed Forces Retirement Home

     SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT HOME ACT OF 
                   1991.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Armed Forces Retirement Home Act of 
     1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et seq.).

     SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.

       (a) Authority.--Part A is amended by adding at the end the 
     following:

     ``SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPENSATED 
                   SERVICES.

       ``(a) Authority To Accept Services.--Subject to subsection 
     (b) and notwithstanding section 1342 of title 31, United 
     States Code, the Chairman of the Retirement Home Board or the 
     Director of each establishment of the Retirement Home may 
     accept from any person voluntary personal services or 
     gratuitous services unless the acceptance of the voluntary 
     services is disapproved by the Retirement Home Board.
       ``(b) Requirements and Limitations.--(1) The Chairman of 
     the Retirement Home Board or the Director of the 
     establishment accepting the services shall notify the person 
     of the scope of the services accepted.
       ``(2) The Chairman or Director shall--
       ``(A) supervise the person providing the services to the 
     same extent as that official would supervise a compensated 
     employee providing similar services; and
       ``(B) ensure that the person is licensed, privileged, has 
     appropriate credentials, or is otherwise qualified under 
     applicable laws or regulations to provide such services.
       ``(3) A person providing services accepted under subsection 
     (a) may not--
       ``(A) serve in a policymaking position of the Retirement 
     Home; or
       ``(B) be compensated for the services by the Retirement 
     Home.
       ``(c) Authority To Recruit and Train Persons Providing 
     Services.--The Chairman of the Retirement Home Board or the 
     Director of an establishment of the Retirement Home may 
     recruit and train persons to provide services authorized to 
     be accepted under subsection (a).
       ``(d) Status of Persons Providing Services.--(1) Subject to 
     paragraph (3), while providing services accepted under 
     subsection (a) or receiving training under subsection (c), a 
     person shall be considered to be an employee of the Federal 
     Government only for purposes of the following provisions of 
     law:
       ``(A) Subchapter I of chapter 81 of title 5, United States 
     Code (relating to compensation for work-related injuries).
       ``(B) Chapter 171 of title 28, United States Code (relating 
     to claims for damages or loss).
       ``(2) A person providing services accepted under subsection 
     (a) shall be considered to be an employee of the Federal 
     Government under paragraph (1) only with respect to services 
     that are within the scope of the services accepted.
       ``(3) For purposes of determining the compensation for 
     work-related injuries payable under chapter 81 of title 5, 
     United States Code (pursuant to this subsection) to a person 
     providing services accepted under subsection (a), the monthly 
     pay of the person for such services shall be deemed to be the 
     amount determined by multiplying--
       ``(A) the average monthly number of hours that the person 
     provided the services, by
       ``(B) the minimum wage determined in accordance with 
     section 6(a)(1) of the Fair

[[Page S6333]]

     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
       ``(e) Reimbursement of Incidental Expenses.--The Chairman 
     of the Retirement Board or the Director of the establishment 
     accepting services under subsection (a) may provide for 
     reimbursement of a person for incidental expenses incurred by 
     the person in providing the services accepted under 
     subsection (a). The Chairman or Director shall determine 
     which expenses qualify for reimbursement under this 
     subsection.''.
       (b) Federal Status of Residents Paid for Part-Time or 
     Intermittent Services.--Paragraph (2) of section 1521(b) (24 
     U.S.C. 421(b)) is amended to read as follows:
       ``(2) being an employee of the United States for any 
     purpose other than--
       ``(A) subchapter I of chapter 81 of title 5, United States 
     Code (relating to compensation for work-related injuries); 
     and
       ``(B) chapter 171 of title 28, United States Code (relating 
     to claims for damages or loss).''.

     SEC. 583. DISPOSAL OF REAL PROPERTY.

       (a) Disposal Authorized.--Notwithstanding title II the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 481 et seq.), title VIII of such Act (40 U.S.C. 531 et 
     seq.), section 501 of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11411), or any other provision of 
     law relating to the management and disposal of real property 
     by the United States, but subject to subsection (d), the 
     Retirement Home Board may, by sale or otherwise, convey all 
     right, title, and interest of the United States in a parcel 
     of real property, including improvements thereof, consisting 
     of approximately 49 acres located in Washington, District of 
     Columbia, east of North Capitol Street, and recorded as 
     District Parcel 121/19.
       (b) Manner, Terms, and Conditions of Disposal.--The 
     Retirement Home may determine--
       (1) the manner for the disposal of the real property under 
     subsection (a); and
       (2) the terms and conditions for the conveyance of that 
     property, including any terms and conditions that the Board 
     considers necessary to protect the interests of the United 
     States.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Board. The cost of the survey shall be borne by the 
     party or parties to which the property is to be conveyed.
       (d) Congressional Notification.--(1) Before disposing of 
     real property under subsection (a), the Board shall notify 
     the Committee on Armed Services of the Senate and the 
     Committee on National Security of the House of 
     Representatives of the proposed disposal. The Board may not 
     dispose of the real property until the later of--
       (A) the date that is 60 days after the date on which the 
     notification is received by the committees; or
       (B) the date of the next day following the expiration of 
     the first period of 30 days of continuous session of Congress 
     that follows the date on which the notification is received 
     by the committees.
       (2) For the purposes of paragraph (1)--
       (A) continuity of session is broken only by an adjournment 
     of Congress sine die; and
       (B) the days on which either House is not in session 
     because of an adjournment of more than three days to a day 
     certain are excluded in the computation of any period of time 
     in which Congress is in continuous session.

     SEC. 584. MATTERS CONCERNING PERSONNEL.

       (a) Terms of Appointment to Governing Boards.--Section 
     1515(e) (24 U.S.C. 415(e)) is amended--
       (1) in paragraph (1), by striking out ``subsection (f)'' 
     and inserting in lieu thereof ``paragraph (2)'';
       (2) by redesignating paragraph (2) as paragraph (4); and
       (3) by adding after paragraph (1) the following new 
     paragraphs:
       ``(2)(A) In the case of a member of a board who is 
     appointed or designated under subsection (b) or (c) on the 
     basis of a particular status described in a paragraph under 
     that subsection, the appointment or designation of that 
     member terminates on the date on which the member ceases to 
     hold that status. The preceding sentence applies only to 
     members of the Armed Forces on active duty and employees of 
     the United States.
       ``(B) Paragraph (1) does not apply with respect to an 
     appointment or designation of a member of a board for a term 
     of less than five years that is made in accordance with 
     subsection (f).
       ``(3) A member of the Retirement Home Board and a member of 
     a Local Board may be reappointed for one consecutive term by 
     the Chairman of that board.''.
       (b) Dual Compensation.--(1) Section 1517 (24 U.S.C. 417) is 
     amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Dual Compensation.--(1) The Retirement Home Board may 
     waive the application of section 5532 of title 5, United 
     States Code, to the Director of an establishment of the 
     Retirement Home or any employee of the Retirement Home (to 
     the extent that such section would otherwise apply to the 
     Director or employee by reason of the employment as Director 
     or employee). The Chairman of the Board shall notify the 
     Secretary of the Treasury of any waiver exercised under the 
     preceding sentence and the effective date of the waiver.
       ``(2) If the application of section 5532 of title 5, United 
     States Code, to a Director or employee is waived under 
     paragraph (1), the rate of pay payable out of the Retirement 
     Home Trust Fund for the Director or employee shall be the 
     amount equal to the excess, if any, of the periodic rate of 
     pay fixed for the position of the Director or employee over 
     the amount by which the retired or retainer pay payable to 
     the Director or employee would have been reduced (computed on 
     the basis of that periodic rate of pay for that position) if 
     section 5532 of title 5, United States Code, had not been 
     waived.
       ``(3)(A) In the case of a Director or employee paid at a 
     rate of pay that is reduced under paragraph (2), the amounts 
     deducted and withheld from pay for purposes of chapter 81, 
     subchapter III of chapter 83, chapter 84, chapter 87, or 
     chapter 89 of title 5, United States Code, all agency 
     contributions required under such provisions of law, the 
     maximum amount of contributions that may be made to the 
     Thrift Saving Fund under subchapter III of chapter 84 of 
     title 5, United States Code, the rate of disability 
     compensation payable under subchapter I of chapter 81 of such 
     title, the levels of life insurance coverage provided under 
     chapter 87 of such title, and the amounts of annuities under 
     subchapter III of chapter 83 of such title and subchapter II 
     of chapter 84 of such title shall be computed as if the 
     Director or employee were paid the full rate of pay fixed for 
     the position of the Director or employee for the period for 
     which the Director was paid at the reduced rate of pay under 
     that paragraph.
       ``(B) If the amount payable to a Director or employee under 
     paragraph (2) is less than the total amount required to be 
     deducted and withheld from the pay of the Director or 
     employee under a provision of law referred to in subparagraph 
     (A), the amount of the deficiency shall be paid by the 
     Director or employee. The participation or benefits available 
     to a Director or employee who fails to pay a deficiency 
     promptly shall be restricted in accordance with regulations 
     which the Director of the Office of Personnel Management 
     shall prescribe.
       ``(4) In this section, the term `retired or retainer pay' 
     has the meaning given such term in section 5531 of title 5, 
     United States Code.''.
       (2) Section 1516(f) (24 U.S.C. 416(f)) is amended--
       (A) by inserting ``(1)'' after ``(f) Annual Report.--''; 
     and
       (B) by adding at the end the following:
       ``(2) In addition to other matters covered by the annual 
     report for a fiscal year, the annual report shall identify 
     each Director or employee, if any, whose pay was reduced for 
     any period during that fiscal year pursuant to an exercise of 
     the waiver authority under section 1517(f), and shall include 
     a discussion that demonstrates that the unreduced rate of pay 
     established for the position of that Director or employee is 
     comparable to the prevailing rates of pay provided for 
     personnel in the retirement home industry who perform 
     functions similar to those performed by the Director or 
     employee.''.
       (3) Subsection (f) of section 1517 (as added by paragraph 
     (1)(B)) and subsection (f)(2) of section 1516 (as added by 
     paragraph (2)(B)) shall apply with respect to pay periods 
     beginning on or after January 1, 1997.

     SEC. 585. FEES FOR RESIDENTS.

       (a) One-Year Delay in Implementation of New Fee 
     Structure.--(1) Subsection (d)(2) of section 371 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2735; 24 U.S.C. 414 note) is 
     amended by striking out ``October 1, 1997'' and inserting in 
     lieu thereof ``October 1, 1998''.
       (2) Subsection (b)(2)(B) of such section is amended by 
     striking out ``1998'', ``1999'', and ``2000'' in paragraphs 
     (1) and (2) of the subsection (d) that is set forth in such 
     subsection (b)(2)(B) as an amendment to section 1514 of the 
     Armed Forces Retirement Home Act of 1991 and inserting in 
     lieu thereof ``1999'', ``2000'', and ``2001'', respectively.
       (b) Report on Funding the Armed Forces Retirement Home.--
     (1) Not later than March 3, 1997, the Secretary of Defense 
     shall submit to Congress a report on meeting the funding 
     needs of the Armed Forces Retirement Home in a manner that is 
     fair and equitable to the residents and to the members of the 
     Armed Forces who provide required monthly contributions 
     for the home.
       (2) The report shall include the following:
       (A) The increment between levels of income of a resident of 
     the Armed Forces Retirement Home that is appropriate for 
     applying the next higher monthly fee to a resident under a 
     monthly fee structure for the residents of the home.
       (B) The categories of income and disability payments that 
     should generally be considered as monthly income for the 
     purpose of determining the fee applicable to a resident and 
     the conditions under which each such category should be 
     considered as monthly income for such purpose.
       (C) The degree of flexibility that should be provided the 
     Armed Forces Retirement Home Board for the setting of fees 
     for residents.
       (D) A discussion of whether the Armed Forces Retirement 
     Home Board has and should have authority to vary the fee 
     charged a resident under exceptional circumstances, together 
     with any recommended legislation regarding such an authority.
       (E) A discussion of how to ensure fairness and equitable 
     treatment of residents and of

[[Page S6334]]

     warrant officers and enlisted members of the Armed Forces in 
     meeting the funding needs of the Armed Forces Retirement 
     Home.
       (F) The advisability of exercising existing authority to 
     increase the amount deducted from the pay of warrant officers 
     and enlisted personnel for the Armed Forces Retirement Home 
     under section 1007(i) of title 37, United States Code.
       (G) Options for ways to meet the funding needs of the Armed 
     Forces Retirement Home without increasing the amount deducted 
     from pay under section 1007(i) of title 37, United States 
     Code.
       (H) Any other matters that the Secretary of Defense, after 
     the consultation required by paragraph (3), considers 
     appropriate regarding funding of the Armed Forces Retirement 
     Home.
       (3) The Secretary shall consult the Armed Forces Retirement 
     Home Board and the secretaries of the military departments in 
     preparing the report under this subsection.

     SEC. 586. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated for fiscal 
     year 1997 from the Armed Forces Retirement Home Trust Fund 
     the sum of $57,345,000 for the operation of the Armed Forces 
     Retirement Home.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
                     Subtitle A--Pay and Allowances

     SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.

       (a) Waiver of Section 1009 Adjustment.--Any adjustment 
     required by section 1009 of title 37, United States Code, in 
     elements of compensation of members of the uniformed services 
     to become effective during fiscal year 1997 shall not be 
     made.
       (b) Increase in Basic Pay and BAS.--Effective January 1, 
     1997, the rates of basic pay and basic allowance for 
     subsistence of members of the uniformed services are 
     increased by 3.0 percent.
       (c) Increase in BAQ.--Effective January 1, 1997, the rates 
     of basic allowance for quarters of members of the uniformed 
     services are increased by 4.0 percent.

     SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY.

       Section 203(c) of title 37, United States Code, is 
     amended--
       (1) by striking out paragraph (2); and
       (2) in paragraph (1), by striking out ``(1)''.

     SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE 
                   HOSPITALIZED.

       (a) In General.--Section 210 of title 37, United States 
     Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) A senior enlisted member of an armed force shall 
     continue to be entitled to the rate of basic pay authorized 
     for the senior enlisted member of that armed force while the 
     member is hospitalized, beginning on the day of the 
     hospitalization and ending on the day the member is 
     discharged from the hospital, but not for more than 180 
     days.''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 210. Pay of the senior noncommissioned officer of an 
       armed force during terminal leave and while hospitalized''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 3 of title 10, United 
     States Code, is amended to read as follows:

``210. Pay of the senior noncommissioned officer of an armed force 
              during terminal leave and while hospitalized.''.

     SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS ASSIGNED 
                   TO SEA DUTY.

       (a) Entitlement of Single Members Above Grade E-5.--Section 
     403(c)(2) of title 37, United States Code, is amended by 
     striking out the second sentence.
       (b) Entitlement of Certain Single Members in Grade E-5.--
     Section 403(c)(2) of such title, as amended by subsection 
     (a), is further amended by adding at the end the following: 
     ``However, the Secretary concerned may authorize payment of 
     the basic allowance for quarters to members of a uniformed 
     service without dependents who are in pay grade E-5, are on 
     sea duty, and are not provided Government quarters ashore.''.
       (c) Entitlement When Both Spouses in Grades Below Grade E-6 
     Are Assigned to Sea Duty.--Section 403(c)(2) of such title, 
     as amended by subsections (a) and (b), is further amended--
       (1) by inserting ``(A)'' after ``(2)''; and
       (2) by adding at the end the following: ``Notwithstanding 
     section 421 of this title, two members of the uniformed 
     services in pay grades below E-6 who are married to each 
     other, have no dependent other than the spouse, and are 
     simultaneously assigned to sea duty on ships are jointly 
     entitled to one basic allowance for quarters at the rate 
     provided for members with dependents in the highest pay grade 
     in which either spouse is serving.''.
       (d) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on October 1, 1996.

     SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO DENY AN 
                   ELECTION NOT TO OCCUPY GOVERNMENT QUARTERS.

       Section 403(b)(3) of title 37, United States Code, is 
     amended by striking out ``A member'' and inserting in lieu 
     thereof ``Subject to the provisions of subsection (j), a 
     member''.

     SEC. 606. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPARATED 
                   BY MILITARY ORDERS FROM SPOUSES WHO ARE 
                   MEMBERS.

       Section 427(b) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking out ``or'' at the end of subparagraph (B);
       (B) by striking out the period at the end of subparagraph 
     (C) and inserting in lieu thereof ``; or''; and
       (C) by adding at the end the following:
       ``(D) the member is married to a member of a uniformed 
     service, the member has no dependent other than the spouse, 
     the two members are separated by reason of the execution of 
     military orders, and the two members were residing together 
     immediately before being separated by reason of execution of 
     military orders.''; and
       (2) by adding at the end the following:
       ``(5) Section 421 of this title does not apply to bar an 
     entitlement to an allowance under paragraph (1)(D). However, 
     not more than one monthly allowance may be paid with respect 
     to a married couple under paragraph (1)(D) for any month.''.

     SEC. 607. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND 
                   ALLOWANCES.

       Section 3702 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(e)(1) Upon the request of the Secretary concerned (as 
     defined in section 101 of title 37), the Comptroller General 
     may waive the time limitations set forth in subsection (b) or 
     (c) in the case of a claim for pay or allowances provided 
     under title 37 and, subject to paragraph (2), settle the 
     claim.
       ``(2) Payment of a claim settled under paragraph (1) shall 
     be subject to the availability of appropriations for payment 
     of that particular claim.
       ``(3) This subsection does not apply to a claim in excess 
     of $25,000.''.

                                S. 1745

           Subtitle B--Bonuses and Special and Incentive Pays

     SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.

       (a) Special Pay for Critically Short Wartime Health 
     Specialists in the Selected Reserves.--Section 302g(f) of 
     title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.
       (b) Selected Reserve Reenlistment Bonus.--Section 308b(f) 
     of title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.
       (c) Selected Reserve Enlistment Bonus.--Section 308c(e) of 
     title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.
       (d) Special Pay for Enlisted Members of the Selected 
     Reserve Assigned to Certain High Priority Units.--Section 
     308d(c) of title 37, United States Code, is amended by 
     striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1998''.
       (e) Selected Reserve Affiliation Bonus.--Section 308e(e) of 
     title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.
       (f) Ready Reserve Enlistment and Reenlistment Bonus.--
     Section 308h(g) of title 37, United States Code, is amended 
     by striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1998''.
       (g) Prior Service Enlistment Bonus.--Section 308i(i) of 
     title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.

     SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR 
                   NURSE OFFICER CANDIDATES, REGISTERED NURSES, 
                   AND NURSE ANESTHETISTS.

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1998''.
       (b) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1998''.
       (c) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of title 37, United States Code, is amended by 
     striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1998''.

     SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER 
                   BONUSES AND SPECIAL PAYS.

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998,''.
       (b) Reenlistment Bonus for Active Members.--Section 308(g) 
     of title 37, United States Code, is amended by striking out 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``September 30, 1998''.
       (c) Enlistment Bonuses for Critical Skills.--Sections 
     308a(c) and 308f(c) of title 37, United States Code, are each 
     amended by striking out ``September 30, 1997'' and inserting 
     in lieu thereof ``September 30, 1998''.
       (d) Special Pay for Nuclear Qualified Officers Extending 
     Period of Active Service.--Section 312(e) of title 37, United 
     States Code, is amended by striking out ``September 30, 
     1997'' and inserting in lieu thereof ``September 30, 1998''.
       (e) Nuclear Career Accession Bonus.--Section 312b(c) of 
     title 37, United States

[[Page S6335]]

     Code, is amended by striking out ``September 30, 1997'' and 
     inserting in lieu thereof ``September 30, 1998''.
       (f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of title 37, United States Code, is amended by striking out 
     ``October 1, 1997'' and inserting in lieu thereof ``October 
     1, 1998''.
       (g) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of title 10, United States Code, is amended by 
     striking out ``October 1, 1997'' and inserting in lieu 
     thereof ``October 1, 1998''.

     SEC. 614. INCREASED SPECIAL PAY FOR DENTAL OFFICERS OF THE 
                   ARMED FORCES.

       (a) Increased Rates.--Section 302b(a) of title 37, United 
     States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking out ``$1,200'' and 
     inserting in lieu thereof ``$3,000'';
       (B) in subparagraph (B), by striking out ``$2,000'' and 
     inserting in lieu thereof ``$7,000''; and
       (C) in subparagraph (C), by striking out ``$4,000'' and 
     inserting in lieu thereof ``$7,000'';
       (2) in paragraph (4), by redesignating subparagraphs (A), 
     (B), and (C) as subparagraphs (B), (C), and (D), 
     respectively, and by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) $4,000 per year, if the officer has less than three 
     years of creditable service.''; and
       (3) in paragraph (5)--
       (A) in subparagraph (A)--
       (i) by striking out ``$2,000'' and inserting in lieu 
     thereof ``$2,500''; and
       (ii) by striking out ``12 years'' and inserting in lieu 
     thereof ``10 years'';
       (B) in subparagraph (B)--
       (i) by striking out ``$3,000'' and inserting in lieu 
     thereof ``$3,500''; and
       (ii) by striking out ``12 but less than 14 years'' and 
     inserting in lieu thereof ``10 but less than 12 years''; and
       (C) in subparagraph (C), by striking out ``14 or more 
     years'' and inserting in lieu thereof ``12 or more years''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1996.

     SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC HEALTH SERVICE 
                   OPTOMETRISTS.

       Section 302a(b) of title 37, United States Code, is 
     amended--
       (1) in paragraph (2)--
       (A) by striking out ``an armed force'' in the matter 
     preceding subparagraph (A) and inserting in lieu thereof ``a 
     uniformed service''; and
       (B) by striking out ``of the military department'' in 
     subparagraph (C); and
       (2) in paragraph (4), by striking out ``of the military 
     department''.

     SEC. 616. SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE PROVIDERS 
                   IN THE PUBLIC HEALTH SERVICE.

       Section 302c(d) of title 37, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by striking out 
     ``Secretary of Defense'' and inserting in lieu thereof 
     ``Secretary concerned''; and
       (2) in paragraph (1)--
       (A) by striking out ``or'' the third place it appears; and
       (B) by inserting before the period at the end the 
     following: ``, or an officer in the Regular or Reserve Corps 
     of the Public Health Service''.

     SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUBLIC HEALTH 
                   SERVICE AND NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION OFFICERS.

       (a) Eligibility.--Section 316 of title 37, United States 
     Code, is amended in subsection (a)--
       (1) in the matter preceding paragraph (1), by striking out 
     ``armed forces'' and inserting in lieu thereof ``uniformed 
     services'';
       (2) in paragraph (2)--
       (A) by striking out ``Secretary of Defense'' and inserting 
     in lieu thereof ``Secretary concerned''; and
       (B) by inserting ``or public health'' after ``national 
     defense''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking out ``military'' and 
     inserting in lieu thereof ``uniformed services'';
       (B) in subparagraph (C), by striking out ``military''; and
       (C) in subparagraph (D)--
       (i) by striking out ``Department of Defense'' and inserting 
     in lieu thereof ``uniformed service''; and
       (ii) by striking out ``Secretary of Defense'' and inserting 
     in lieu thereof ``Secretary concerned''.
       (b) Administration.--Subsection (d) of such section is 
     amended--
       (1) by striking out ``his jurisdiction and'' and inserting 
     in lieu thereof ``the Secretary's jurisdiction,''; and
       (2) by inserting before the period at the end ``, by the 
     Secretary of Health and Human Services for the Commissioned 
     Corps of the Public Health Service, and by the Secretary of 
     Commerce for the National Oceanic and Atmospheric 
     Administration''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 1996, and apply with 
     respect to months beginning on or after such date.
            Subtitle C--Travel and Transportation Allowances

     SEC. 621. ROUND TRIP TRAVEL ALLOWANCES FOR SHIPPING MOTOR 
                   VEHICLES AT GOVERNMENT EXPENSE.

       (a) In General.--Section 406(b)(1)(B) of title 37, United 
     States Code, is amended as follows--
       (1) in clause (i)(I), by inserting ``, including return 
     travel to the old duty station,'' after ``nearest the old 
     duty station''; and
       (2) in clause (ii), by inserting ``, including travel from 
     the new duty station to the port of debarkation to pick up 
     the vehicle'' after ``to the new duty station''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on April 1, 1997.

     SEC. 622. OPTION TO STORE INSTEAD OF TRANSPORT A PRIVATELY 
                   OWNED VEHICLE AT THE EXPENSE OF THE UNITED 
                   STATES.

       (a) In General.--Section 2634 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (b) as subsection (g);
       (2) by transferring subsection (g), as so redesignated, to 
     the end of such section; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) When a member is ordered to make a change of 
     permanent station to a foreign country and the member is 
     authorized under subsection (a) to have a vehicle transported 
     under that subsection, the Secretary may authorize the member 
     to store the vehicle (instead of having it transported) if 
     restrictions imposed by the foreign country or the United 
     States preclude entry of the vehicle into that country or 
     require extensive modification of the vehicle as a condition 
     for entry of the vehicle into the country. The cost of the 
     storage of the vehicle, and costs associated with the 
     delivery of the vehicle for storage and removal of the 
     vehicle for delivery from storage shall be paid by the United 
     States. Costs paid under this subsection may not exceed 
     reasonable amounts, as determined under regulations 
     prescribed by the Secretary of Defense (and the Secretary of 
     Transportation with respect to the Coast Guard when it is not 
     operating as a service in the Navy).''.
       (b) Unaccompanied Tours.--Subsection (h)(1)(B) of section 
     406 of title 37, United States Code, is amended to read as 
     follows:
       ``(B) in the case of a member described in paragraph 
     (2)(A), authorize the transportation of one motor vehicle 
     that is owned by the member (or a dependent of a member) and 
     is for his dependent's personal use to that location by means 
     of transportation authorized under section 2634 of title 10, 
     or authorize storage of such motor vehicle if the storage of 
     the motor vehicle is otherwise authorized under that 
     section.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1996.

     SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL AND TRANSPORTATION 
                   ALLOWANCES IN CONNECTION WITH LEAVE BETWEEN 
                   CONSECUTIVE OVERSEAS TOURS.

       (a) Authority for Additional Deferral of Travel.--Section 
     411b(a)(2) of title 37, United States Code, is amended by 
     adding at the end the following: ``A member may defer the 
     travel for one additional year if, due to participation in a 
     contingency operation, the member is unable to commence the 
     travel within the one-year period provided for under the 
     preceding sentence.''.
       (b) Effective Date.--The amendment made by subsection shall 
     (a) take effect as of November 1, 1995, and shall apply with 
     respect to members of the uniformed services who, on or after 
     that date, participate in critical operational missions, as 
     determined under the third sentence of section 411b(a)(2) of 
     title 37, United States Code (as added by subsection (a)).

     SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF 
                   PUBLIC HEALTH SERVICE OFFICERS.

       Section 406(j)(1) of title 37, United States Code, is 
     amended in the first sentence--
       (1) by inserting ``, and appropriations available to the 
     Department of Health and Human Services for providing 
     transportation of household effects of members of the 
     Commissioned Corps of the Public Health Service under 
     subsection (b),'' after ``members of the armed forces under 
     subsection (b)''; and
       (2) by striking out ``of the military department''.
    Subtitle D--Retired Pay, Survivor Benefits, and Related Matters

     SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING 
                   ADJUSTMENT FOR FISCAL YEAR 1998.

       (a) Repeal of Adjustment of Effective Date for Fiscal Year 
     1998.--Section 1401a(b)(2)(B) of title 10, United States 
     Code, is amended--
       (1) by striking out ``(B) Special rules'' and all that 
     follows through ``In the case of'' in clause (i) and 
     inserting in lieu thereof ``(B) Special rule for fiscal 
     year 1996.--In the case of''; and
       (2) by striking out clause (ii).
       (b) Repeal of Contingent Alternative Date for Fiscal Year 
     1998.--Section 631 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 364) is 
     amended by striking out subsection (b).

     SEC. 632. ALLOTMENT OF RETIRED OR RETAINER PAY.

       (a) Authority.--(1) Part II of subtitle A of title 10, 
     United States Code, is amended by

[[Page S6336]]

     inserting after chapter 71 the following new chapter:

    ``CHAPTER 72--MISCELLANEOUS RETIRED AND RETAINER PAY AUTHORITIES

``Sec.
``1421. Allotments.

     ``Sec. 1421. Allotments

       ``(a) Authority.--Subject to such conditions and 
     restrictions as may be provided in regulations prescribed 
     under subsection (b), a member or former member of the armed 
     forces entitled to retired or retainer pay may transfer or 
     assign the member or former member's retired or retainer pay 
     account when due and payable.
       ``(b) Regulations.--The Secretaries of the military 
     departments and the Secretary of Transportation (with respect 
     to the Coast Guard when it is not operating as a service in 
     the Navy) shall prescribe uniform regulations for the 
     administration of subsection (a).''.
       (2) The tables of chapters at the beginning of subtitle A 
     of such title and the beginning of part II of such subtitle 
     are amended by inserting after the item relating to chapter 
     71 the following:

``72. Miscellaneous retired and retainer pay authorities....1421''.....

       (b) Implementation.--(1) Notwithstanding section 1421 of 
     title 10, United States Code (as added by subsection (a)), a 
     person entitled to retired or retainer pay may not initiate a 
     transfer or assignment of retired or retainer pay under such 
     section until regulations prescribed under subsection (b) of 
     such section take effect.
       (2) The Secretaries of the military departments and the 
     Secretary of Transportation shall prescribe regulations under 
     subsection (b) of such section that ensure that, beginning 
     not later than October 1, 1997, a person may make up to six 
     transfers or assignments of the person's retired or retainer 
     pay account when due and payable for payment of any financial 
     obligations.

     SEC. 633. COST-OF-LIVING INCREASES IN SBP CONTRIBUTIONS TO BE 
                   EFFECTIVE CONCURRENTLY WITH PAYMENT OF RELATED 
                   RETIRED PAY COST-OF-LIVING INCREASES.

       (a) Survivor Benefit Plan.--Section 1452(h) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(h)''; and
       (2) by adding at the end the following new subsection:
       ``(2)(A) Notwithstanding paragraph (1), when the initial 
     payment of an increase in retired pay under section 1401a of 
     this title (or any other provision of law) to a person is 
     later than the effective date of that increase by reason of 
     the application of subsection (b)(2)(B) of such section (or 
     section 631(b) of Public Law 104-106 (110 Stat. 364)), then 
     the amount of the reduction in the person's retired pay shall 
     be effective on the date of that initial payment of the 
     increase in retired pay rather than the effective date of the 
     increase in retired pay.
       ``(B) Subparagraph (A) may not be construed as delaying, 
     for purposes of determining the amount of a monthly annuity 
     under section 1451 of this title, the effective date of an 
     increase in a base amount under subsection (h) of such 
     section from the effective date of an increase in retired pay 
     under section 1401a of this title to the date on which the 
     initial payment of that increase in retired pay is made in 
     accordance with subsection (b)(2)(B) of such section 
     1401a.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect with respect to retired pay payable for 
     months beginning on or after the date of the enactment of 
     this Act.

     SEC. 634. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.

       (a) Survivor Annuity.--(1) The Secretary concerned shall 
     pay an annuity to the qualified surviving spouse of each 
     member of the uniformed services who--
       (A) died before March 21, 1974, and was entitled to retired 
     or retainer pay on the date of death; or
       (B) was a member of a reserve component of the Armed Forces 
     during the period beginning on September 21, 1972, and ending 
     on October 1, 1978, and at the time of his death would have 
     been entitled to retired pay under chapter 67 of title 10, 
     United States Code (as in effect before December 1, 1994), 
     but for the fact that he was under 60 years of age.
       (2) A qualified surviving spouse for purposes of this 
     section is a surviving spouse who has not remarried and who 
     is not eligible for an annuity under section 4 of Public Law 
     92-425 (10 U.S.C. 1448 note).
       (b) Amount of Annuity.--(1) An annuity under this section 
     shall be paid at the rate of $165 per month, as adjusted from 
     time to time under paragraph (3).
       (2) An annuity paid to a surviving spouse under this 
     section shall be reduced by the amount of any dependency and 
     indemnity compensation (DIC) to which the surviving spouse is 
     entitled under section 1311(a) of title 38, United States 
     Code.
       (3) Whenever after the date of the enactment of this Act 
     retired or retainer pay is increased under section 
     1401a(b)(2) of title 10, United States Code, each annuity 
     that is payable under this section shall be increased at the 
     same time and by the same total percent. The amount of the 
     increase shall be based on the amount of the monthly annuity 
     payable before any reduction under this section.
       (c) Application Required.--No benefit shall be paid to any 
     person under this section unless an application for such 
     benefit is filed with the Secretary concerned by or on behalf 
     of such person.
       (d) Definitions.--For purposes of this section:
       (1) The terms ``uniformed services'' and ``Secretary 
     concerned'' have the meanings given such terms in section 101 
     of title 37, United States Code.
       (2) The term ``surviving spouse'' has the meaning given the 
     terms ``widow'' and ``widower'' in paragraphs (3) and (4) of 
     section 1447 of title 10, United States Code.
       (e) Prospective Applicability.--(1) Annuities under this 
     section shall be paid for months beginning after the month in 
     which this Act is enacted.
       (2) No benefit shall accrue to any person by reason of the 
     enactment of this section for any period before the first 
     month referred to in paragraph (1).

     SEC. 635. ADJUSTED ANNUAL INCOME LIMITATION APPLICABLE TO 
                   ELIGIBILITY FOR INCOME SUPPLEMENT FOR CERTAIN 
                   WIDOWS OF MEMBERS OF THE UNIFORMED SERVICES.

       Section 4 of Public Law 92-425 (10 U.S.C. 1448 note) is 
     amended by striking out ``$2,340'' in subsection (a)(3) and 
     in the first sentence of subsection (b) and inserting in lieu 
     thereof ``$5,448''.
                       Subtitle E--Other Matters

     SEC. 641. REIMBURSEMENT FOR ADOPTION EXPENSES INCURRED IN 
                   ADOPTIONS THROUGH PRIVATE PLACEMENTS.

       (a) Department of Defense.--Section 1052(g)(1) of title 10, 
     United States Code, is amended by striking out ``adoption or 
     by a nonprofit, voluntary adoption agency which is authorized 
     by State or local law to place children for adoption'' and 
     inserting in lieu thereof ``adoption, by a nonprofit, 
     voluntary adoption agency which is authorized by State or 
     local law to place children for adoption, or by any other 
     source if the adoption is supervised by a court under State 
     or local law''.
       (b) Coast Guard.--Section 514(g)(1) of title 14, United 
     States Code, is amended by striking out ``adoption or by a 
     nonprofit, voluntary adoption agency which is authorized by 
     State or local law to place children for adoption'' and 
     inserting in lieu thereof ``adoption, by a nonprofit, 
     voluntary adoption agency which is authorized by State or 
     local law to place children for adoption, or by any other 
     source if the adoption is supervised by a court under State 
     or local law''.

     SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX 
                   PURPOSES FROM CERTAIN SEPARATION PAY RECEIVED 
                   BY INVOLUNTARILY SEPARATED MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Section 1174(h) of title 10, United States 
     Code, is amended--
       (1) in paragraph (1), by inserting ``(less the amount of 
     Federal income tax withheld from such pay)'' before the 
     period at the end; and
       (2) in paragraph (2), by inserting ``(less the amount of 
     Federal income tax withheld from such pay)'' before the 
     period at the end of the first sentence.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1996, and shall apply to 
     payments of separation pay, severance pay, or readjustment 
     pay that are made after October 1, 1996.
                   TITLE VII--HEALTH CARE PROVISIONS

     SEC. 701. IMPLEMENTATION OF REQUIREMENT FOR SELECTED RESERVE 
                   DENTAL INSURANCE PLAN.

       (a) Implementation by Contract.--Section 1076b(a) of title 
     10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(a) Authority To Establish 
     Plan.--'';
       (2) by designating the third sentence as paragraph (3); and
       (3) by inserting after paragraph (1), as designated by 
     paragraph (1) of this subsection, the following:
       ``(2) The Secretary shall provide benefits under the plan 
     through one or more contracts awarded after full and open 
     competition.''.
       (b) Schedule for Implementation.--Section 705(b) of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 373; 10 U.S.C. 1076b note) is 
     amended--
       (1) by striking out ``Beginning not later than October 1, 
     1996'' in the first sentence and inserting in lieu thereof 
     ``During fiscal year 1997'';
       (2) by striking out ``fiscal year 1996'' both places it 
     appears and inserting in lieu thereof ``fiscal years 1996 and 
     1997''; and
       (3) in the second sentence, by striking out ``by that 
     date'' and inserting in lieu thereof ``during fiscal year 
     1997''.

     SEC. 702. DENTAL INSURANCE PLAN FOR MILITARY RETIREES AND 
                   CERTAIN DEPENDENTS.

       (a) In General.--(1) Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1076b the 
     following new section:

     ``Sec. 1076c. Military retirees' dental insurance plan

       ``(a) Requirement.--(1) The Secretary of Defense shall 
     establish a dental insurance plan for--
       ``(A) members and former members of the armed forces who 
     are entitled to retired or retainer pay;
       ``(B) members of the Retired Reserve who, except for not 
     having attained 60 years of age, would be entitled to retired 
     pay; and
       ``(C) eligible dependents of members and former members 
     covered by the enrollment

[[Page S6337]]

     of such members or former members in the plan.
       ``(2) The dental insurance plan shall provide for voluntary 
     enrollment of participants and shall authorize a member or 
     former member to enroll for self only or for self and 
     eligible dependents.
       ``(3) The plan shall be administered under regulations 
     prescribed by the Secretary of Defense, in consultation with 
     the Secretary of Transportation.
       ``(b) Premiums.--(1) Subject to paragraph (2), a member or 
     former member enrolled in the dental insurance plan shall pay 
     the premiums charged for the insurance coverage. The amount 
     of the premiums payable by a member or former member entitled 
     to retired or retainer pay shall be deducted and withheld 
     from the retired or retainer pay and shall be disbursed to 
     pay the premiums. The regulations prescribed under subsection 
     (a)(3) shall specify the procedures for payment of the 
     premiums by other enrolled members and former members.
       ``(2) The Secretary of Defense may provide for premium-
     sharing between the Department of Defense and the members and 
     former members enrolled in the plan.
       ``(c) Benefits Available Under Plan.--The dental insurance 
     plan established under subsection (a) shall provide benefits 
     for basic dental care and treatment, including diagnostic 
     services, preventative services, basic restorative services 
     (including endodontics), surgical services, and emergency 
     services.
       ``(d) Coverage.--(1) The Secretary shall prescribe a 
     minimum required period for enrollment by a member or former 
     member in the dental insurance plan established under 
     subsection (a).
       ``(2) The Secretary shall terminate the enrollment in the 
     plan of any member or former member, and any dependents 
     covered by the enrollment, upon the occurrence of one of the 
     following events:
       ``(A) Termination of the member or former member's 
     entitlement to retired pay or retainer pay.
       ``(B) Termination of the member or former member's status 
     as a member of the Retired Reserve.
       ``(e) Continuation of Dependents' Enrollment Upon Death of 
     Enrollee.--Coverage of a dependent under an enrollment of a 
     member or former member who dies during the period of 
     enrollment shall continue until the end of that period, 
     except that the coverage may be terminated on any earlier 
     date when the premiums paid are no longer sufficient to cover 
     continuation of the enrollment. The Secretary shall prescribe 
     in regulations the parties responsible for paying the 
     remaining premiums due on the enrollment and the manner for 
     collection of the premiums.
       ``(f) Eligible Dependent Defined.--In this section, the 
     term `eligible dependent' means a dependent described in 
     subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1076b the following new item:

``1076c. Military retirees' dental insurance plan.''.

       (b) Implementation.--Beginning not later than October 1, 
     1997, the Secretary of Defense shall offer members and former 
     members of the Armed Forces referred to in subsection (a)(1) 
     of section 1076c of title 10, United States Code (as added by 
     subsection (a)(1) of this section), the opportunity to enroll 
     in the dental insurance plan required under such section and 
     to receive the benefits under the plan immediately upon 
     enrollment.

     SEC. 703. UNIFORM COMPOSITE HEALTH CARE SYSTEM SOFTWARE.

       (a) Requirement for Use of Uniform Software.--The Secretary 
     of Defense, in consultation with the other administering 
     Secretaries, shall take such action as is necessary 
     promptly--
       (1) to provide a uniform software package for use by 
     providers of health care under the TRICARE program and by 
     military treatment facilities for the computerized processing 
     of information; and
       (2) to require such providers to use the uniform software 
     package in connection with providing health care under the 
     TRICARE program or otherwise under chapter 55 of title 10, 
     United States Code.
       (b) Content of Uniform Software Package.--The uniform 
     software package required to be used under subsection (a) 
     shall, at a minimum, provide for processing of the following 
     information:
       (1) TRICARE program enrollment.
       (2) Determinations of eligibility for health care.
       (3) Provider network information.
       (4) Eligibility of beneficiaries to receive health benefits 
     from other sources.
       (5) Appointment scheduling.
       (c) Modification of Contracts.--Notwithstanding any other 
     provision of law, the Secretary may modify any existing 
     contract with a health care provider under the TRICARE 
     program as necessary to require the health care provider to 
     use the uniform software package required under subsection 
     (a).
       (d) Definitions.--In this section:
       (1) The term ``administering Secretaries'' has the meaning 
     given such term in section 1072(3) of title 10, United States 
     Code.
       (2) The term ``military treatment facility''--
       (A) means a facility of the uniformed services in which 
     health care is provided under chapter 55 of title 10, United 
     States Codes; and
       (B) includes a facility deemed to be a facility of the 
     uniformed services by virtue of section 911(a) of the 
     Military Construction Authorization Act, 1982 (42 U.S.C. 
     248c(a)).
       (3) The term ``TRICARE program'' means the managed health 
     care program that is established by the Secretary of Defense 
     under the authority of chapter 55 of title 10, United States 
     Code, principally section 1097 of such title, and includes 
     the competitive selection of contractors to financially 
     underwrite the delivery of health care services under the 
     Civilian Health and Medical Program of the Uniformed 
     Services.

     SEC. 704. CLARIFICATION OF APPLICABILITY OF CHAMPUS PAYMENT 
                   RULES TO PRIVATE CHAMPUS PROVIDERS FOR CARE 
                   PROVIDED TO ENROLLEES IN HEALTH CARE PLANS OF 
                   UNIFORMED SERVICES TREATMENT FACILITIES.

       Section 1074(d)(1) of title 10, United States Code, is 
     amended--
       (1) by striking out ``may require'' and inserting in lieu 
     thereof ``shall require'';
       (2) by striking out ``member of the uniformed services'' 
     and inserting in lieu thereof ``covered beneficiary''; and
       (3) by striking out ``when the health care'' and all that 
     follows through ``facility''.

     SEC. 705. ENHANCEMENT OF THIRD-PARTY COLLECTION AND SECONDARY 
                   PAYER AUTHORITIES UNDER CHAMPUS.

       (a) Retention and Use by Treatment Facilities of Amounts 
     Collected.--Subsection (g)(1) of section 1095 of title 10, 
     United States Code, is amended by inserting ``or through'' 
     after ``provided at''.
       (b) Expansion of Definition of Third Party Payer.--
     Subsection (h) of such section is amended--
       (1) in the first sentence of paragraph (1), by inserting 
     ``and a workers' compensation program or plan'' before the 
     period; and
       (2) in paragraph (2)--
       (A) by striking out ``organization and'' and inserting in 
     lieu thereof a ``organization,''; and
       (B) by inserting ``, and a personal injury protection plan 
     or medical payments benefit plan for personal injuries 
     resulting from the operation of a motor vehicle'' before the 
     period.
       (c) Applicability of Secondary Payer Requirement.--Section 
     1079(j)(1) of such title is amended by inserting ``, 
     including any plan offered by a third party payer (as defined 
     in section 1095(h)(1) of this title),'' after ``or health 
     plan''.

     SEC. 706. CODIFICATION OF AUTHORITY TO CREDIT CHAMPUS 
                   COLLECTIONS TO PROGRAM ACCOUNTS.

       (a) Credits to CHAMPUS Accounts.--Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1079 the following:

     ``Sec. 1079a. Crediting of CHAMPUS collections to program 
       accounts

       ``All refunds and other amounts collected by or for the 
     United States in the administration of the Civilian Health 
     and Medical Program of the Uniformed Services (CHAMPUS) shall 
     be credited to the appropriation available for that program 
     for the fiscal year in which collected.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1079 the following new item:

``1079a. Crediting of CHAMPUS collections to program accounts.''.

     SEC. 707. COMPTROLLER GENERAL REVIEW OF HEALTH CARE 
                   ACTIVITIES OF THE DEPARTMENT OF DEFENSE 
                   RELATING TO PERSIAN GULF ILLNESSES.

       (a) Medical Research and Clinical Care Programs.--The 
     Comptroller General shall analyze the effectiveness of the 
     medical research programs and clinical care programs of the 
     Department of Defense that relate to illnesses that might 
     have been contracted by members of the Armed Forces as a 
     result of service in the Southwest Asia theater of operations 
     during the Persian Gulf War.
       (b) Experimental Drugs.--The Comptroller General shall 
     analyze the scope and effectiveness of the policies of the 
     Department of Defense with respect to the investigational use 
     of drugs, the experimental use of drugs, and the use of drugs 
     not approved by the Food and Drug Administration to treat 
     illnesses referred to in subsection (a).
       (c) Administration of Medical Records.--The Comptroller 
     General shall analyze the administration of medical records 
     by the military departments in order to assess the extent to 
     which such records accurately reflect the pre-deployment 
     medical assessments, immunization records, informed consent 
     releases, complaints during routine sick call, emergency room 
     visits, visits with unit medics during deployment, and other 
     relevant medical information relating to the members and 
     former members referred to in subsection (a) with respect to 
     the illnesses referred to in that subsection.
       (d) Reports.--The Comptroller General shall submit to 
     Congress a separate report on each of the analyses required 
     under subsections (a), (b), and (c). The Comptroller General 
     shall submit the reports not later than March 1, 1997.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

     SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

       (a) Funding.--Of the amount authorized to be appropriated 
     under section 301(5),

[[Page S6338]]

     $12,000,000 shall be available for carrying out the 
     provisions of chapter 142 of title 10, United States Code.
       (b) Specific Programs.--Of the amounts made available 
     pursuant to subsection (a), $600,000 shall be available for 
     fiscal year 1997 for the purpose of carrying out programs 
     sponsored by eligible entities referred to in subparagraph 
     (D) of section 2411(1) of title 10, United States Code, that 
     provide procurement technical assistance in distressed areas 
     referred to in subparagraph (B) of section 2411(2) of such 
     title. If there is an insufficient number of satisfactory 
     proposals for cooperative agreements in such distressed areas 
     to allow effective use of the funds made available in 
     accordance with this subsection in such areas, the funds 
     shall be allocated among the Defense Contract Administration 
     Services regions in accordance with section 2415 of such 
     title.

     SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.

       Section 831(j) of the National Defense Authorization Act 
     for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
       (1) in paragraph (1), by striking out ``1995'' and 
     inserting in lieu thereof ``1998''; and
       (2) in paragraph (2), by striking out ``1996'' and 
     inserting in lieu thereof ``1999''.

     SEC. 803. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   PROTOTYPE PROJECTS.

       (a) Authorized Officials.--(1) Subsection (a) of section 
     845 of the National Defense Authorization Act for Fiscal Year 
     1994 (107 Stat. 1547; 10 U.S.C. 2371 note) is amended by 
     inserting ``, the Secretary of a military department, or any 
     other official designated by the Secretary of Defense'' after 
     ``Agency''.
       (2) Subsection (b)(2) of such section is amended to read as 
     follows:
       ``(2) To the maximum extent practicable, competitive 
     procedures shall be used when entering into agreements to 
     carry out projects under subsection (a).''.
       (b) Extension of Authority.--Subsection (c) of such section 
     is amended by striking out ``terminate'' and all that follows 
     and inserting in lieu thereof ``terminate at the end of 
     September 30, 2001.''.

     SEC. 804. REVISIONS TO THE PROGRAM FOR THE ASSESSMENT OF THE 
                   NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL 
                   BASE.

       (a) National Defense Program for Analysis of the Technology 
     and Industrial Base.--Section 2503 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking out ``(1) The Secretary of Defense, in 
     consultation with the National Defense Technology and 
     Industrial Base Council'' in paragraph (1) and inserting in 
     lieu thereof ``The Secretary of Defense, in consultation with 
     the Secretary of Commerce''; and
       (B) by striking out paragraphs (2), (3), and (4); and
       (2) in subsection (c)(3)(A)--
       (A) by striking out ``the National Defense Technology and 
     Industrial Base Council in'' and inserting in lieu thereof 
     ``the Secretary of Defense for''; and
       (B) by striking out ``and the periodic plans required by 
     section 2506 of this title''.
       (b) Periodic Defense Capability Assessments.--(1) Section 
     2505 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 2505. National technology and industrial base: 
       periodic defense capability assessments

       ``(a) Periodic Assessment.--Each fiscal year, the Secretary 
     of Defense shall prepare selected assessments of the 
     capability of the national technology and industrial base to 
     attain the national security objectives set forth in section 
     2501(a) of this title.
       ``(b) Assessment Process.--The Secretary of Defense shall 
     ensure that technology and industrial capability 
     assessments--
       ``(1) describe sectors or capabilities, their underlying 
     infrastructure and processes;
       ``(2) analyze present and projected financial performance 
     of industries supporting the sectors or capabilities in the 
     assessment; and
       ``(3) identify technological and industrial capabilities 
     and processes for which there is potential for the national 
     industrial and technology base not to be able to support the 
     achievement of national security objectives.
       ``(c) Foreign Dependency Considerations.--In the 
     preparation of the periodic assessments, the Secretary shall 
     include considerations of foreign dependency.
       ``(d) Integrated Process.--The Secretary of Defense shall 
     ensure that consideration of the technology and industrial 
     base assessments is integrated into the overall budget, 
     acquisition, and logistics support decision processes of the 
     Department of Defense.''.
       (2) Section 2502(b) of title 10, United States Code, is 
     amended--
       (A) by striking out ``the following responsibilities:'' and 
     all that follows through ``effective cooperation'' and 
     inserting in lieu thereof ``the responsibility to ensure 
     effective cooperation''; and
       (B) by striking out paragraph (2); and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively, and adjusting the 
     margin of such paragraphs two ems to the left.
       (c) Repeal of Requirement for Periodic Defense Capability 
     Plan.--Section 2506 of title 10, United States Code, is 
     repealed.
       (d) Department of Defense Technology and Industrial Base 
     Policy Guidance.--Subchapter II of chapter 148 of title 10, 
     United States Code, is amended by inserting after section 
     2505 the following new section 2506:

     ``Sec. 2506. Department of Defense technology and industrial 
       base policy guidance

       ``(a) Departmental Guidance.--The Secretary of Defense 
     shall prescribe departmental guidance for the attainment of 
     each of the national security objectives set forth in 
     section 2501(a) of this title. Such guidance shall provide 
     for technological and industrial capability considerations 
     to be integrated into the budget allocation, weapons 
     acquisition, and logistics support decision processes.
       ``(b) Report to Congress.--The Secretary of Defense shall 
     report on the implementation of the departmental guidance in 
     the annual report to Congress submitted pursuant to section 
     2508 of this title.''.
       (e) Annual Report to Congress.--Such subchapter is amended 
     by inserting after section 2507 the following new section:

     ``Sec. 2508. Annual report to Congress

       ``The Secretary of Defense shall transmit to the Committee 
     on Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives by March 1 of each 
     year a report which shall include the following information:
       ``(1) A description of the departmental guidance prepared 
     pursuant to section 2506 of this title.
       ``(2) A description of the methods and analyses being 
     undertaken by the Department of Defense alone or in 
     cooperation with other Federal agencies, to identify and 
     address concerns regarding technological and industrial 
     capabilities of the national technology and industrial base.
       ``(3) A description of the assessments prepared pursuant to 
     section 2505 of this title and other analyses used in 
     developing the budget submission of the Department of Defense 
     for the next fiscal year.
       ``(4) Identification of each program designed to sustain 
     specific essential technological and industrial capabilities 
     and processes of the national technology and industrial 
     base.''.
       (f) Repeal of Requirement To Coordinate the Encouragement 
     of Technology Transfer With the Council.--Subsection 2514(c) 
     of title 10, United States Code, is amended by striking out 
     paragraph (5).
       (g) Clerical Amendments.--The table of sections at the 
     beginning of subchapter II of chapter 148 of title 10, United 
     States Code, is amended--
       (1) by striking out the item relating to section 2506 and 
     inserting in lieu thereof the following:

``2506. Department of Defense technology and industrial base policy 
              guidance.'';

     and
       (2) by adding at the end the following:

``2508. Annual report to Congress.''.

       (h) Repeal of Superseded and Executed Law.--Sections 4218, 
     4219, and 4220 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2505 note and 
     2506 note) are repealed.

     SEC. 805. PROCUREMENTS TO BE MADE FROM SMALL ARMS INDUSTRIAL 
                   BASE FIRMS.

       (a) Requirement.--Chapter 146 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2473. Procurements from the small arms industrial base

       ``(a) Authority To Designate Exclusive Sources.--To the 
     extent that the Secretary of Defense determines necessary to 
     preserve the part of the national technology and industrial 
     base that supplies property and services described in 
     subsection (b), the Secretary may require that the 
     procurements of such items for the Department of Defense be 
     made only from the firms listed in the plan entitled 
     `Preservation of Critical Elements of the Small Arms 
     Industrial Base', dated January 8, 1994, that was prepared by 
     an independent assessment panel of the Army Science Board.
       ``(b) Covered Items.--The authority provided in subsection 
     (a) applies to the following property and services:
       ``(1) Repair parts for small arms.
       ``(2) Modifications of parts to improve small arms used by 
     the armed forces.
       ``(3) Overhaul of unserviceable small arms of the armed 
     forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``2473. Procurements from the small arms industrial base.''.

     SEC. 806. EXCEPTION TO PROHIBITION ON PROCUREMENT OF FOREIGN 
                   GOODS.

       Section 2534(d)(3) of title 10, United States Code, is 
     amended by inserting ``or would impede the reciprocal 
     procurement of defense items under a memorandum of 
     understanding providing for reciprocal procurement of defense 
     items that is entered into under section 2531 of this 
     title,'' after ``a foreign country,''.

     SEC. 807. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELEVISION 
                   FRANCHISE AGREEMENTS.

       (a) Treatment as Contract for Telecommunications 
     Services.--Subject to subsection (b), a cable television 
     franchise agreement for the Department of Defense shall be 
     considered a contract for telecommunications services for 
     purposes of part 49 of the Federal Acquisition Regulation.
       (b) Limitation.--The treatment of a cable television 
     franchise agreement as a contract for telecommunications 
     services shall be subject to such terms, conditions, 
     limitations, restrictions, and requirements relating to the 
     power of the executive branch to

[[Page S6339]]

     treat such an agreement as such a contract as are identified 
     in the advisory opinion required under section 823 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 399).
       (c) Applicability.--This section applies to cable 
     television franchise agreements for the Department of Defense 
     only if the United States Court of Federal Claims states in 
     an advisory opinion referred to in subsection (b) that it is 
     within the power of the executive branch to treat cable 
     television franchise agreements for the construction, 
     installation, or capital improvement of cable television 
     systems at military installations of the Department of 
     Defense as contracts under part 49 of the Federal Acquisition 
     Regulation without violating title VI of the Communications 
     Act of 1934 (47 U.S.C. 521 et seq.).

     SEC. 808. REMEDIES FOR REPRISALS AGAINST CONTRACTOR EMPLOYEE 
                   WHISTLEBLOWERS.

       Section 2409(c)(1) of title 10, United States Code, is 
     amended by striking out subparagraph (B) and inserting in 
     lieu thereof the following:
       ``(B) Order the contractor either--
       ``(i) to reinstate the person to the position that the 
     person held before the reprisal, together with the 
     compensation (including back pay), employment benefits, and 
     other terms and conditions of employment that would apply to 
     the person in that position if the reprisal had not been 
     taken; or
       ``(ii) without reinstating the person, to pay the person an 
     amount equal to the compensation (including back pay) that, 
     if the reprisal had not been taken, would have been paid the 
     person in that position up to the date on which the head of 
     the agency determines that the person has been subjected to a 
     reprisal prohibited under subsection (a).''.

     SEC. 809. IMPLEMENTATION OF INFORMATION TECHNOLOGY MANAGEMENT 
                   REFORM.

       (a) Report.--(1) The Secretary of Defense shall include in 
     the report submitted in 1997 under section 381 of Public Law 
     103-337 (108 Stat. 2739) a discussion of the following 
     matters relating to information resources management by the 
     Federal Government:
       (A) The progress made in implementing the Information 
     Technology Management Reform Act of 1996 (division E of 
     Public Law 104-106; 110 Stat. 679; 40 U.S.C. 1401 et seq.) 
     and the amendments made by that Act.
       (B) The progress made in implementing the strategy for the 
     development or modernization of automated information systems 
     for the Department of Defense, as required by section 366 of 
     Public Law 104-106 (110 Stat 275; 10 U.S.C. 113 note).
       (C) Plans of the Department of Defense for establishing an 
     integrated framework for management of information resources 
     within the department.
       (2) The discussion of matters under paragraph (1) shall 
     specifically include a discussion of the following:
       (A) The status of the implementation of a set of strategic, 
     outcome-oriented performance measures.
       (B) The specific actions being taken to link the proposed 
     performance measures to the planning, programming, and 
     budgeting system of the Department of Defense and to the 
     life-cycle management processes of the department.
       (C) The results of pilot program testing of proposed 
     performance measures.
       (D) The additional training necessary for the 
     implementation of performance-based information management.
       (E) Plans for integrating management improvement programs 
     of the Department of Defense.
       (F) The department-wide actions that are necessary to 
     comply with the requirements of the following provisions of 
     law:
       (i) The amendments made by the Government Performance and 
     Results Act of 1993 (Public Law 103-62; 107 Stat. 285).
       (ii) The Information Management Reform Act of 1996 
     (division E of Public Law 104-106; 110 Stat 679; 40 U.S.C. 
     1401 et seq.) and the amendments made by that Act.
       (iii) Title V of the Federal Acquisition Management 
     Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3349) 
     and the amendments made by that title.
       (iv) The Chief Financial Officers Act of 1990 (Public Law 
     101-576; 104 Stat. 2838) and the amendments made by that Act.
       (G) A strategic information resources plan for the 
     Department of Defense that is based on the strategy of the 
     Secretary of Defense for support of the department's overall 
     strategic goals by the core and supporting processes of the 
     department.
       (b) Year 2000 Software Conversion.--(1) The Secretary of 
     Defense shall ensure that all information technology acquired 
     by the Department of Defense pursuant to contracts entered 
     into after September 30, 1996, have the capabilities that 
     comply with time and date standards established by the 
     National Institute of Standards and Technology or, if there 
     is no such standard, generally accepted industry standards 
     for providing fault-free processing of date and date-related 
     data in 2000.
       (2) The Secretary, acting through the chief information 
     officers within the department (as designated pursuant to 
     section 3506 of title 44, United States Code), shall assess 
     all information technology within the Department of Defense 
     to determine the extent to which such technology have the 
     capabilities to operate effectively with technology that meet 
     the standards referred to in paragraph (1).
       (3) Not later than January 1, 1997, the Secretary shall 
     submit to Congress a detailed plan for eliminating any 
     deficiencies identified pursuant to paragraph (2). The plan 
     shall include--
       (A) a prioritized list of all affected programs;
       (B) a description of how the deficiencies could affect the 
     national security of the United States; and
       (C) an estimate of the resources that are necessary to 
     eliminate the deficiencies.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
                      Subtitle A--General Matters

     SEC. 901. REPEAL OF REORGANIZATION OF OFFICE OF SECRETARY OF 
                   DEFENSE.

       Sections 901 and 903 of the National Defense Authorization 
     Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 399 
     and 401) are repealed.

     SEC. 902. CODIFICATION OF REQUIREMENTS RELATING TO CONTINUED 
                   OPERATION OF THE UNIFORMED SERVICES UNIVERSITY 
                   OF THE HEALTH SCIENCES.

       (a) Codification of Existing Law.--(1) Chapter 104 of title 
     10, United States Code, is amended by inserting after section 
     2112 the following:

     ``Sec. 2112a. Continued operation of University

       ``(a) Closure Prohibited.--The University may not be 
     closed.
       ``(b) Personnel Strength.--During the five-year period 
     beginning on October 1, 1996, the personnel staffing levels 
     for the University may not be reduced below the personnel 
     staffing levels for the University on October 1, 1993.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2112 the following:

``2112a. Continued operation of University.''.

       (b) Repeal of Superseded Law.--(1) Section 922 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 282; 10 U.S.C. 2112 note) is 
     amended by striking out subsection (a).
       (2) Section 1071 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 445; 10 
     U.S.C. 2112 note) is amended by striking out subsection (b).

     SEC. 903. CODIFICATION OF REQUIREMENT FOR UNITED STATES ARMY 
                   RESERVE COMMAND.

       (a) Requirement for Army Reserve Command.--(1) Chapter 307 
     of title 10, United States Code, is amended by inserting 
     after section 3074 the following:

     ``Sec. 3074a. United States Army Reserve Command

       ``(a) Command.--The United States Army Reserve Command is a 
     separate command of the Army commanded by the Chief of Army 
     Reserve.
       ``(b) Chain of Command.--Except as otherwise prescribed by 
     the Secretary of Defense, the Secretary of the Army shall 
     prescribe the chain of command for the United States Army 
     Reserve Command.
       ``(c) Assignment of Forces.--The Secretary of the Army--
       ``(1) shall assign to the United States Army Reserve 
     Command all forces of the Army Reserve in the continental 
     United States other than forces assigned to the unified 
     combatant command for special operations forces established 
     pursuant to section 167 of this title; and
       ``(2) except as otherwise directed by the Secretary of 
     Defense in the case of forces assigned to carry out functions 
     of the Secretary of the Army specified in section 3013 of 
     this title, shall assign all such forces of the Army Reserve 
     to the commander of the United States Atlantic Command.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     3074 the following:

``3074a. United States Army Reserve Command.''.

       (b) Repeal of Superseded Law.--Section 903 of the National 
     Defense Authorization Act for Fiscal Year 1991 (Public Law 
     101-510; 104 Stat. 1620; 10 U.S.C. 3074 note) is repealed.

     SEC. 904. TRANSFER OF AUTHORITY TO CONTROL TRANSPORTATION 
                   SYSTEMS IN TIME OF WAR.

       (a) Authority of Secretary of Defense.--Section 4742 of 
     title 10, United States Code, is amended by striking out 
     ``Secretary of the Army'' and inserting in lieu thereof 
     ``Secretary of Defense''.
       (b) Transfer of Section.--Such section, as amended by 
     subsection (a), is transferred to the end of chapter 157 of 
     such title and is redesignated as section 2644.
       (c) Conforming Amendment.--Section 9742 of such title is 
     repealed.
       (d) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 157 of such title is amended by 
     inserting after the item relating to section 2643 the 
     following new item:

``2644. Control of transportation systems in time of war.''.

       (2) The table of sections at the beginning of chapter 447 
     of such title is amended by striking out the item relating to 
     section 4742.
       (3) The table of sections at the beginning of chapter 947 
     of such title is amended by striking out the item relating to 
     section 9742.

     [SEC. 905. EXECUTIVE OVERSIGHT OF DEFENSE HUMAN INTELLIGENCE 
                   PERSONNEL.

       [Section 193 of title 10, United States Code, is amended--
       [(1) by redesignating subsection (f) as subsection (g); and

[[Page S6340]]

       [(2) by inserting after subsection (e) the following new 
     subsection (f):
       [``(f) Human Intelligence Personnel.--(1) Notwithstanding 
     any other provision of law, subject to the authority, 
     direction, and control of the President, the Secretary of 
     Defense shall perform the responsibility within the executive 
     branch for oversight of the clandestine activities of 
     Department of Defense human intelligence personnel. The 
     Secretary may delegate authority to carry out such 
     responsibility only to the Deputy Secretary of Defense.''.

     [SEC. 906. COORDINATION OF DEFENSE INTELLIGENCE PROGRAMS AND 
                   ACTIVITIES.

       [(a) Director of Military Intelligence and Defense 
     Intelligence Board.--Subchapter II of chapter 8 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     [``Sec. 203. Director of Military Intelligence; Defense 
       Intelligence Board

       [``(a) Designation of Director.--The Director of the 
     Defense Intelligence Agency is the Director of Military 
     Intelligence. The Director performs the duties of the 
     position under the authority, direction, and control of the 
     Secretary of Defense and reports directly to the Secretary.
       [``(b) Duties.--In addition to any other duties that are 
     assigned to the Director by the Secretary of Defense, the 
     Director--
       [``(1) manages the General Defense Intelligence Program; 
     and
       [``(2) is Chairman of the Military Intelligence Board.
       [``(c) Military Intelligence Board.--(1) There is a 
     Military Intelligence Board within the Department of Defense.
       [``(2) The Military Intelligence Board consists of the 
     Director of Military Intelligence, the Director of the 
     National Security Agency, the Director of the National 
     Imagery and Mapping Agency, the Director of the Defense 
     Information Systems Agency, the senior intelligence officer 
     of each armed force (as designated by the Secretary of the 
     military department having jurisdiction over that armed force 
     or, in the case of the Coast Guard, the Commandant of the 
     Coast Guard), the Deputy Director of the Defense Intelligence 
     Agency, the Director for Joint Staff Intelligence, and any 
     other persons designated as members of the board by the 
     Secretary of Defense.
       [``(3) The Military Intelligence Board shall be the 
     principal forum for coordination of the intelligence programs 
     and activities of the Department of Defense.''.
       [(b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following:

[``203. Director of Military Intelligence; Military Intelligence 
              Board.''.]

     SEC. [907.] 905. REDESIGNATION OF OFFICE OF NAVAL RECORDS AND 
                   HISTORY FUND AND CORRECTION OF RELATED 
                   REFERENCES.

       (a) Name of Fund.--Subsection (a) of section 7222 of title 
     10, United States Code, is amended by striking out `` `Office 
     of Naval Records and History Fund' '' in the second sentence 
     and inserting in lieu thereof `` `Naval Historical Center 
     Fund' ''.
       (b) Correction of Reference to Administering Office.--
     Subsection (a) of such section, as amended by subsection (a), 
     is further amended by striking out ``Office of Naval Records 
     and History'' in the first sentence and inserting in lieu 
     thereof ``Naval Historical Center''.
       (c) Conforming Reference.--Subsection (c) of such section 
     is amended by striking out ``Office of Naval Records and 
     History Fund'' in the second sentence and inserting in lieu 
     thereof ``Naval Historical Center Fund''.
       (d) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 7222. Naval Historical Center Fund''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 631 of title 10, United 
     States Code, is amended to read as follows:

``7222. Naval Historical Center Fund.''.

     SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN 
                   APPOINTMENT AND EVALUATION OF CERTAIN 
                   INTELLIGENCE OFFICIALS.

       (a) In General.--Section 201 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 201. Certain intelligence officials: consultation and 
       concurrence regarding appointments; evaluation of 
       performance

       ``(a) Consultation Regarding Appointment.--Before 
     submitting a recommendation to the President regarding the 
     appointment of an individual to the position of Director of 
     the Defense Intelligence Agency, the Secretary of Defense 
     shall consult with the Director of Central Intelligence 
     regarding the recommendation.
       ``(b) Concurrence in Appointment.--Before submitting a 
     recommendation to the President regarding the appointment of 
     an individual to a position referred to in paragraph (2), the 
     Secretary of Defense shall seek the concurrence of the 
     Director of Central Intelligence in the recommendation. If 
     the Director does not concur in the recommendation, the 
     Secretary may make the recommendation to the President 
     without the Director's concurrence, but shall include in the 
     recommendation a statement that the Director does not concur 
     in the recommendation.
       ``(2) Paragraph (1) applies to the following positions:
       ``(A) The Director of the National Security Agency.
       ``(B) The Director of the National Reconnaissance Office.
       ``(c) Performance Evaluations.--(1) The Director of Central 
     Intelligence shall provide annually to the Secretary of 
     Defense an evaluation of the performance of the individuals 
     holding the positions referred to in paragraph (2) in 
     fulfilling their respective responsibilities with regard to 
     the National Foreign Intelligence Program.
       ``(2) The positions referred to in paragraph (1) are the 
     following:
       ``(A) The Director of the National Security Agency.
       ``(B) The Director of the National Reconnaissance Office.
       ``(C) The Director of the National Imagery and Mapping 
     Agency.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 8 of such title is 
     amended by striking out the item relating to section 201 and 
     inserting in lieu thereof the following new item:

``201. Certain intelligence officials: consultation and concurrence 
              regarding appointments; evaluation of performance.''.
            Subtitle B--National Imagery and Mapping Agency

     SEC. 911. SHORT TITLE.

       This subtitle may be cited as the ``National Imagery and 
     Mapping Agency Act of 1996''.

     SEC. 912. FINDINGS.

       Congress makes the following findings:
       (1) There is a need within the Department of Defense and 
     the Intelligence Community of the United States to provide a 
     single agency focus for the growing number and diverse types 
     of customers for imagery and geospatial information resources 
     within the Government, to ensure visibility and 
     accountability for those resources, and to harness, leverage, 
     and focus rapid technological developments to serve the 
     imagery, imagery intelligence, and geospatial information 
     customers.
       (2) There is a need for a single Government agency to 
     solicit and advocate the needs of that growing and diverse 
     pool of customers.
       (3) A single combat support agency dedicated to imagery, 
     imagery intelligence, and geospatial information could act as 
     a focal point for support of all imagery intelligence and 
     geospatial information customers, including customers in the 
     Department of Defense, the Intelligence Community, and 
     related agencies outside of the Department of Defense.
       (4) Such an agency would best serve the needs of the 
     imagery, imagery intelligence, and geospatial information 
     customers if it were organized--
       (A) to carry out its mission responsibilities under the 
     authority, direction, and control of the Secretary of 
     Defense, with the advice of the Chairman of the Joint Chiefs 
     of Staff; and
       (B) to carry out its responsibilities to national 
     intelligence customers in accordance with policies and 
     priorities established by the Director of Central 
     Intelligence.

                         PART I--ESTABLISHMENT

     SEC. 921. ESTABLISHMENT, MISSIONS, AND AUTHORITY.

       (a) Establishment in Title 10, United States Code.--Part I 
     of subtitle A of title 10, United States Code, is amended--
       (1) by redesignating chapter 22 as chapter 23; and
       (2) by inserting after chapter 21 the following new chapter 
     22:

           ``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY

``Subchapter                                                       Sec.
``I. Establishment, Missions, and Authority.....................441....

``II. Maps, Charts, and Geodetic Products.......................451....

``III. Personnel Management.....................................461....

``IV. Definitions...............................................471....

         ``SUBCHAPTER I--ESTABLISHMENT, MISSIONS, AND AUTHORITY

``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information support for 
              foreign countries
``444. Support from Central Intelligence Agency.
[``445. Limitation on oversight by Inspector General of the Central 
              Intelligence Agency.]
``[446.] 445. Protection of agency identifications and organizational 
              information.

     ``Sec. 441. Establishment

       [``(a) Establishment.--The National Imagery and Mapping 
     Agency is a combat support agency of the Department of 
     Defense.
       [``(b) Director.--(1) The Director of the National Imagery 
     and Mapping Agency is the head of the agency. The President 
     shall appoint the Director, by and with the advice and 
     consent of the Senate, from among the officers of the regular 
     components of the armed forces.
       [``(2) The position of Director is a position of importance 
     and responsibility for purposes of section 601 of this title 
     and carries the grade of lieutenant general or, in the case 
     of an officer of the Navy, vice admiral.]
       ``(a) Establishment.--The National Imagery and Mapping 
     Agency is an agency of the Department of Defense.
       ``(b) Director.--(1) The Director of the National Imagery 
     and Mapping Agency is the head

[[Page S6341]]

     of the agency. The President shall appoint the Director.
       ``(2)(A) Upon a vacancy in the position of Director, the 
     Secretary of Defense shall recommend to the President an 
     individual for appointment to the position.
       ``(B) The Secretary shall seek the concurrence of the 
     Director of Central Intelligence in recommending an 
     individual for appointment under subparagraph (A). If the 
     Director does not concur in the recommendation, the Secretary 
     may make the recommendation to the President without the 
     Director's concurrence, but shall include in the 
     recommendation a statement that the Director does not concur 
     in the recommendation.
       ``(3) If an officer of the armed forces is appointed to the 
     position of Director under this subsection, the officer shall 
     hold the grade of lieutenant general or, in the case of an 
     officer of the Navy, vice admiral, while serving in the 
     position. An officer while serving in the position is in 
     addition to the number that would otherwise be permitted for 
     that officer's armed force for officers serving on active 
     duty in grades above major general or rear admiral, as the 
     case may be, under paragraph (1) or (2) of section 525(b) of 
     this title, as applicable.
       ``(c) Collection Tasking Authority.--The Director of 
     Central Intelligence shall have authority to approve 
     collection requirements, determine collection priorities, and 
     resolve conflicts in collection priorities levied on national 
     imagery collection assets, except as otherwise agreed by the 
     Director and the Secretary of Defense pursuant to the 
     direction of the President.

     ``Sec. 442. Missions

       ``(a) Department of Defense Missions.--The National Imagery 
     and Mapping Agency shall--
       ``(1) provide timely, relevant, and accurate imagery, 
     imagery intelligence, and geospatial information in support 
     of the national security objectives of the United States;
       ``(2) improve means of navigating vessels of the Navy and 
     the merchant marine by providing, under the authority of the 
     Secretary of Defense, accurate and inexpensive nautical 
     charts, sailing directions, books on navigation, and manuals 
     of instructions for the use of all vessels of the United 
     States and of navigators generally; and
       ``(3) prepare and distribute maps, charts, books, and 
     geodetic products as authorized under subchapter II of this 
     chapter.
       [``(b) National Mission.--(1) The National Imagery and 
     Mapping Agency shall also support the imagery requirements of 
     the Department of State and other departments and agencies of 
     the United States outside the Department of Defense.
       [``(2)(A) The Director of Central Intelligence shall 
     establish requirements and priorities to govern the 
     collection of national intelligence by the National Imagery 
     and Mapping Agency under paragraph (1).
       [``(B) The Director of Central Intelligence shall develop 
     and implement such policies and programs as the Secretary of 
     Defense and the Director jointly determine necessary to 
     review and correct deficiencies identified in the 
     capabilities of the National Imagery and Mapping Agency to 
     accomplish assigned national missions. The Director shall 
     consult with the Secretary of Defense on the development and 
     implementation of such policies and programs. The Secretary 
     of Defense shall obtain the advice of the Chairman of the 
     Joint Chiefs of Staff regarding the matters on which the 
     Director and the Secretary are to consult under the preceding 
     sentence.
       [``(C) The President may direct the Secretary of Defense to 
     exercise authority of the Director of Central Intelligence 
     under subparagraphs (A) and (B) during a war, military 
     crisis, or military operation.]
       ``(b) National Mission.--The National Imagery and Mapping 
     Agency shall also have national missions as specified in 
     section 120(a) of the National Security Act of 1947.
       ``(c) Life Cycle Support.--The National Imagery and Mapping 
     Agency may, in furtherance of a mission of the agency, 
     design, develop, deploy, operate, and maintain systems 
     related to the processing and dissemination of imagery 
     intelligence and geospatial information that may be 
     transferred to, accepted or used by, or used on behalf of--
       ``(1) the armed forces, including any combatant command, 
     component of a combatant command, joint task force, or 
     tactical unit; or
       ``(2) to any other department or agency of the United 
     States.

     ``Sec. 443. Imagery intelligence and geospatial information 
       support for foreign countries

       ``(a) Appropriated Funds.--The Director of the National 
     Imagery and Mapping Agency may use appropriated funds 
     available to the National Imagery and Mapping Agency to 
     provide foreign countries with imagery intelligence and 
     geospatial information support.
       ``(b) Funds Other Than Appropriated Funds.--(1) Subject to 
     paragraphs (2), (3), and (4), the Director is also authorized 
     to use funds other than appropriated funds to provide foreign 
     countries with imagery intelligence and geospatial 
     information support.
       ``(2) Funds other than appropriated funds may not be 
     expended, in whole or in part, by or for the benefit of the 
     National Imagery and Mapping Agency for a purpose for which 
     Congress had previously denied funds.
       ``(3) Proceeds from the sale of imagery intelligence or 
     geospatial information items may be used only to purchase 
     replacement items similar to the items that are sold.
       ``(4) Funds other than appropriated funds may not be 
     expended to acquire items or services for the principal 
     benefit of the United States.
       ``(5) The authority to use funds other than appropriated 
     funds under this section may be exercised notwithstanding 
     provisions of law relating to the expenditure of funds of the 
     United States.
       ``(c) Accommodation Procurements.--The authority under this 
     section may be exercised to conduct accommodation 
     procurements on behalf of foreign countries.
       ``(d) Coordination With Director of Central Intelligence.--
     The Director shall coordinate with the Director of Central 
     Intelligence any action under this section that involves 
     imagery intelligence or intelligence products or involves 
     providing support to an intelligence or security service of a 
     foreign country.

     ``Sec. 444. Support from Central Intelligence Agency

       ``(a) Support Authorized.--The Director of Central 
     Intelligence may provide support in accordance with this 
     section to the Director of the National Imagery and Mapping 
     Agency. The Director of the National Imagery and Mapping 
     Agency may accept support provided under this section.
       ``(b) Administrative and Contract Services.--(1) In 
     furtherance of the national intelligence effort, the Director 
     of Central Intelligence may provide administrative and 
     contract services to the National Imagery and Mapping Agency 
     as if that agency were an organizational element of the 
     Central Intelligence Agency.
       ``(2) Services provided under paragraph (1) may include the 
     services of security police. For purposes of section 15 of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), 
     an installation of the National Imagery and Mapping Agency 
     provided security police services under this section shall be 
     considered an installation of the Central Intelligence 
     Agency.
       ``(3) Support provided under this subsection shall be 
     provided under terms and conditions agreed upon by 
     the Secretary of Defense and the Director of Central 
     Intelligence.
       ``(c) Detail of Personnel.--The Director of Central 
     Intelligence may detail Central Intelligence Agency personnel 
     indefinitely to the National Imagery and Mapping Agency 
     without regard to any limitation on the duration of 
     interagency details of Federal Government personnel.
       ``(d) Reimbursable or Nonreimbursable Support.--Support 
     under this section may be provided and accepted on either a 
     reimbursable basis or a nonreimbursable basis.
       ``(e) Authority To Transfer Funds.--(1) The Director of the 
     National Imagery and Mapping Agency may transfer funds 
     available for the agency to the Director of Central 
     Intelligence for the Central Intelligence Agency.
       ``(2) The Director of Central Intelligence--
       ``(A) may accept funds transferred under paragraph (1); and
       ``(B) shall expend such funds, in accordance with the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
     seq.), to provide administrative and contract services or 
     detail personnel to the National Imagery and Mapping Agency 
     under this section.

     [``Sec. 445. Limitation on oversight by Inspector General of 
       the Central Intelligence Agency

       [``The Inspector General of the Central Intelligence Agency 
     may not conduct any inspection, investigation, or audit of 
     the National Imagery and Mapping Agency without the written 
     consent of the Inspector General of the Department of 
     Defense. In conducting an inspection, investigation, or audit 
     of the National Imagery and Mapping Agency, the Inspector 
     General of the Central Intelligence Agency shall be subject 
     to the authority, direction, and control of the Secretary of 
     Defense to the same extent as is the Inspector General of the 
     Department of Defense under section 8 of the Inspector 
     General Act of 1978 (5 U.S.C. App.).

     [``Sec. 446. Protection of agency identifications and 
       organizational information]

     ``Sec. 445. Protection of agency identifications and 
       organizational information

       ``(a) Unauthorized Use of Agency Name, Initials, or Seal.--
     (1) Except with the written permission of the Secretary of 
     Defense, no person may knowingly use, in connection with any 
     merchandise, retail product, impersonation, solicitation, or 
     commercial activity in a manner reasonably calculated to 
     convey the impression that such use is approved, endorsed, or 
     authorized by the Secretary of Defense, any of the following:
       ``(A) The words `National Imagery and Mapping Agency', the 
     initials `NIMA', or the seal of the National Imagery and 
     Mapping Agency.
       ``(B) The words `Defense Mapping Agency', the initials 
     `DMA', or the seal of the Defense Mapping Agency.
       ``(C) Any colorable imitation of such words, initials, or 
     seals.
       ``(2) Whenever it appears to the Attorney General that any 
     person is engaged or about to engage in an act or practice 
     which constitutes or will constitute conduct prohibited by 
     paragraph (1), the Attorney General may initiate a civil 
     proceeding in a district court of the United States to enjoin 
     such act or practice. Such court shall proceed as soon as 
     practicable to a hearing and determination of such action and 
     may, at any time before such final determination, enter such 
     restraining orders or prohibitions, or take such

[[Page S6342]]

     other action as is warranted, to prevent injury to the United 
     States or to any person or class of persons for whose 
     protection the action is brought.
       ``(b) Protection of Organizational Information.--
     Notwithstanding any other provision of law, the Director of 
     the National Imagery and Mapping Agency is not required to 
     disclose the organization of the agency, any function of the 
     agency, any information with respect to the activities of the 
     agency, or the names, titles, salaries, or number of the 
     persons employed by the agency. This subsection does not 
     apply to disclosures of information to Congress.

          ``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS

``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign 
              countries and international organizations.
``455. Maps, charts, and geodetic data: public availability; 
              exceptions.
``456. Civil actions barred.

                 ``SUBCHAPTER III--PERSONNEL MANAGEMENT

``Sec.
``461. Civilian personnel management generally.
``462. National Imagery and Mapping Senior Executive Service.
``463. Management rights.

     ``Sec. 461. Civilian personnel management generally

       ``(a) General Personnel Authority.--The Secretary of 
     Defense may, without regard to the provisions of any other 
     law relating to the appointment, number, classification, or 
     compensation of Federal employees--
       ``(1) establish such excepted service positions for 
     employees in the National Imagery and Mapping Agency as the 
     Secretary considers necessary to carry out the functions of 
     those agencies, including positions designated under 
     subsection (f) as National Imagery and Mapping Senior Level 
     positions;
       ``(2) appoint individuals to those positions; and
       ``(3) fix the compensation for service in those positions.
       ``(b) Authority To Fix Rates of Basic Pay and Other 
     Allowances and Benefits.--(1) The Secretary of Defense shall, 
     subject to subsection (c), fix the rates of basic pay for 
     positions established under subsection (a) in relation to the 
     rates of basic pay provided in subpart D of part III of title 
     5 for positions subject to that title which have 
     corresponding levels of duties and responsibilities. Except 
     as otherwise provided by law, an employee of the National 
     Imagery and Mapping Agency may not be paid basic pay at a 
     rate in excess of the maximum rate payable under section 5376 
     of title 5.
       ``(2) The Secretary of Defense may provide employees in 
     positions of the National Imagery and Mapping Agency 
     compensation (in addition to basic pay under paragraph (1)) 
     and benefits, incentives, and allowances consistent with, and 
     not in excess of the levels authorized for, comparable 
     positions authorized by title 5.
       ``(c) Prevailing Rates Systems.--The Secretary of Defense 
     may, consistent with section 5341 of title 5, adopt such 
     provisions of that title as provide for prevailing rate 
     systems of basic pay and may apply those provisions to 
     positions in or under which the National Imagery and 
     Mapping Agency may employ individuals described in section 
     5342(a)(2)(A) of such title.
       ``(d) Allowances Based on Living Costs and Environment for 
     Employees Stationed Outside Continental United States or in 
     Alaska.--(1) In addition to the basic compensation payable 
     under subsection (b), employees of the National Imagery and 
     Mapping Agency described in paragraph (3) may be paid an 
     allowance, in accordance with regulations prescribed by the 
     Secretary of Defense, at a rate not in excess of the 
     allowance authorized to be paid under section 5941(a) of 
     title 5 for employees whose rates of basic pay are fixed by 
     statute.
       ``(2) Such allowance shall be based on--
       ``(A) living costs substantially higher than in the 
     District of Columbia;
       ``(B) conditions of environment which--
       ``(i) differ substantially from conditions of environment 
     in the continental United States; and
       ``(ii) warrant an allowance as a recruitment incentive; or
       ``(C) both of those factors.
       ``(3) This subsection applies to employees who--
       ``(A) are citizens or nationals of the United States; and
       ``(B) are stationed outside the continental United States 
     or in Alaska.
       ``(e) Termination of Employees.--(1) Notwithstanding any 
     other provision of law, the Secretary of Defense may 
     terminate the employment of any employee of the National 
     Imagery and Mapping Agency if the Secretary--
       ``(A) considers such action to be in the interests of the 
     United States; and
       ``(B) determines that the procedures prescribed in other 
     provisions of law that authorize the termination of the 
     employment of such employee cannot be invoked in a manner 
     consistent with the national security.
       ``(2) A decision by the Secretary of Defense to terminate 
     the employment of an employee under this subsection is final 
     and may not be appealed or reviewed outside the Department of 
     Defense.
       ``(3) The Secretary of Defense shall promptly notify the 
     Committee on National Security and the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Committee on Armed Services and the Select Committee on 
     Intelligence of the Senate whenever the Secretary terminates 
     the employment of any employee under the authority of this 
     subsection.
       ``(4) Any termination of employment under this subsection 
     shall not affect the right of the employee involved to seek 
     or accept employment with any other department or agency of 
     the United States if that employee is declared eligible for 
     such employment by the Director of the Office of Personnel 
     Management.
       ``(5) The authority of the Secretary of Defense under this 
     subsection may be delegated only to the Deputy Secretary of 
     Defense and the Director of the National Imagery and Mapping 
     Agency. An action to terminate employment of an employee by 
     any such officer may be appealed to the Secretary of Defense.
       ``(f) National Imagery and Mapping Senior Level 
     Positions.--(1) In carrying out subsection (a)(1), the 
     Secretary may designate positions described in paragraph (3) 
     as National Imagery and Mapping Senior Level positions.
       ``(2) Positions designated under this subsection shall be 
     treated as equivalent for purposes of compensation to the 
     senior level positions to which section 5376 of title 5 is 
     applicable.
       ``(3) Positions that may be designated as National Imagery 
     and Mapping Senior Level positions are positions in the 
     National Imagery and Mapping Agency that (A) are classified 
     above the GS-15 level, (B) emphasize function expertise and 
     advisory activity, but (C) do not have the organizational or 
     program management functions necessary for inclusion in the 
     National Imagery and Mapping Senior Executive Service.
       ``(4) Positions referred to in paragraph (3) include 
     National Imagery and Mapping Senior Technical positions and 
     National Imagery and Mapping Senior Professional positions. 
     For purposes of this subsection National Imagery and Mapping 
     Senior Technical positions are positions covered by paragraph 
     (3) if--
       ``(A) the positions involve--
       ``(i) research and development;
       ``(ii) test and evaluation;
       ``(iii) substantive analysis, liaison, or advisory activity 
     focusing on engineering, physical sciences, computer science, 
     mathematics, biology, chemistry, medicine, or other closely 
     related scientific and technical fields; or
       ``(iv) intelligence disciplines including production, 
     collection, and operations in close association with any of 
     the activities described in clauses (i), (ii), and (iii) or 
     related activities; or
       ``(B) the positions emphasize staff, liaison, analytical, 
     advisory, or other activity focusing on intelligence, law, 
     finance and accounting, program and budget, human resources 
     management, training, information services, logistics, 
     security, and other appropriate fields.
       ``(g) `Employee' Defined as Including Officers.--In this 
     section, the term `employee', with respect to the National 
     Imagery and Mapping Agency, includes any civilian officer of 
     that agency.

     ``Sec. 462. National Imagery and Mapping Senior Executive 
       Service

       ``(a) Establishment.--The Secretary of Defense may 
     establish a National Imagery and Mapping Senior Executive 
     Service for senior civilian personnel within the National 
     Imagery and Mapping Agency.
       ``(b) Requirements for the Service.--In establishing a 
     National Imagery and Mapping Senior Executive Service the 
     Secretary shall--
       ``(1) meet the requirements set forth for the Senior 
     Executive Service in section 3131 of title 5;
       ``(2) ensure that the National Imagery and Mapping Senior 
     Executive Service positions satisfy requirements that are 
     consistent with the provisions of section 3132(a)(2) of title 
     5;
       ``(3) prescribe rates of pay for the National Imagery and 
     Mapping Senior Executive Service that are not in excess of 
     the maximum rate of basic pay, nor less than the minimum rate 
     of basic pay, established for the Senior Executive Service 
     under section 5382 of title 5;
       ``(4) provide for adjusting the rates of pay at the same 
     time and to the same extent as rates of basic pay for the 
     Senior Executive Service are adjusted;
       ``(5) provide a performance appraisal system for the 
     National Imagery and Mapping Senior Executive Service that 
     conforms to the provisions of subchapter II of chapter 43 of 
     title 5;
       ``(6) provide for removal consistent with section 3592 of 
     title 5, and removal or suspension consistent with 
     subsections (a), (b), and (c) of section 7543 of title 5 
     (except that any hearing or appeal to which a member of the 
     National Imagery and Mapping Senior Executive Service is 
     entitled shall be held or decided pursuant to procedures 
     established by the Secretary of Defense);
       ``(7) permit the payment of performance awards to members 
     of the National Imagery

[[Page S6343]]

     and Mapping Senior Executive Service consistent with the 
     provisions applicable to performance awards under section 
     5384 of title 5;
       ``(8) provide that members of the National Imagery and 
     Mapping Senior Executive Service may be granted sabbatical 
     leaves consistent with the provisions of section 3396(c) of 
     title 5; and
       ``(9) provide for the recertification of members of the 
     National Imagery and Mapping Senior Executive Service 
     consistent with the provisions of section 3393a of title 5.
       ``(c) Authority.--Except as otherwise provided in 
     subsection (b), the Secretary of Defense may--
       ``(1) make applicable to the National Imagery and Mapping 
     Senior Executive Service any of the provisions of title 5 
     that are applicable to applicants for or members of the 
     Senior Executive Service; and
       ``(2) appoint, promote, and assign individuals to positions 
     established within the National Imagery and Mapping Senior 
     Executive Service without regard to the provisions of title 5 
     governing appointments and other personnel actions in the 
     competitive service.
       ``(d) Award of Rank.--The President, based on the 
     recommendations of the Secretary of Defense, may award ranks 
     to individuals who occupy positions in the National Imagery 
     and Mapping Senior Executive Service in a manner consistent 
     with the provisions of section 4507 of title 5.
       ``(e) Details and Assignments.--Notwithstanding any other 
     provisions of this section, the Secretary of Defense may 
     detail or assign any member of the National Imagery and 
     Mapping Senior Executive Service to serve in a position 
     outside the National Imagery and Mapping Agency in which the 
     member's expertise and experience may be of benefit to the 
     National Imagery and Mapping Agency or another Government 
     agency. Any such member shall not by reason of such detail or 
     assignment lose any entitlement or status associated with 
     membership in the National Imagery and Mapping Senior 
     Executive Service.

     ``Sec. 463. Management rights

       ``(a) Scope.--If there is no obligation under the 
     provisions of chapter 71 of title 5 for the head of an agency 
     of the United States to consult or negotiate with a labor 
     organization on a particular matter by reason of that matter 
     being covered by a provision of law or a Governmentwide 
     regulation, the Director of the National Imagery and Mapping 
     Agency is not obligated to consult or negotiate with a labor 
     organization on that matter even if that provision of law or 
     regulation is inapplicable to the National Imagery and 
     Mapping Agency.
       ``(b) Bargaining Units.--The National Imagery and Mapping 
     Agency shall accord exclusive recognition to a labor 
     organization under section 7111 of title 5 only for a 
     bargaining unit that was recognized as appropriate for the 
     Defense Mapping Agency on the day before the date on which 
     employees and positions of the Defense Mapping Agency in that 
     bargaining unit became employees and positions of the 
     National Imagery and Mapping Agency under the National 
     Imagery and Mapping Agency Act of 1996 (subtitle B of title 
     IX of the National Defense Authorization Act for Fiscal Year 
     1997).
       ``(c) Termination of Bargaining Unit Coverage of Position 
     Modified To Affect National Security Directly.--(1) If the 
     Director of the National Imagery and Mapping Agency 
     determines that the responsibilities of a position within a 
     collective bargaining unit should be modified to include 
     intelligence, counterintelligence, investigative, or security 
     duties not previously assigned to that position and that the 
     performance of the newly assigned duties directly affects the 
     national security of the United States, then, upon such a 
     modification of the responsibilities of that position, the 
     position shall cease to be covered by the collective 
     bargaining unit and the employee in that position shall cease 
     to be entitled to representation by a labor organization 
     accorded exclusive recognition for that collective bargaining 
     unit.
       ``(2) A determination described in paragraph (1) that is 
     made by the Director of the National Imagery and Mapping 
     Agency may not be reviewed by the Federal Labor Relations 
     Authority or any court of the United States.

                      ``SUBCHAPTER IV--DEFINITIONS

``Sec.
``471. Definitions.

     ``Sec. 471. Definitions

       ``In this chapter:
       ``(1) The term `function' means any duty, obligation, 
     responsibility, privilege, activity, or program.
       ``(2)(A) The term `imagery' means, except as provided in 
     subparagraph (B), a likeness or presentation of any natural 
     or manmade feature or related object or activity and the 
     positional data acquired at the same time the likeness or 
     representation was acquired, including--
       ``(i) products produced by space-based national 
     intelligence reconnaissance systems; and
       ``(ii) likenesses or presentations produced by satellites, 
     airborne platforms, unmanned aerial vehicles, or other 
     similar means.
       ``(B) The term does not include handheld or clandestine 
     photography taken by or on behalf of human intelligence 
     collection organizations.
       ``(3) The term `imagery intelligence' means the technical, 
     geographic, and intelligence information derived through the 
     interpretation or analysis of imagery and collateral 
     materials.
       ``(4) The term `geospatial information' means information 
     that identifies the geographic location and characteristics 
     of natural or constructed features and boundaries on the 
     earth and includes--
       ``(A) statistical data and information derived from, among 
     other things, remote sensing, mapping, and surveying 
     technologies;
       ``(B) mapping, charting, and geodetic data; and
       ``(C) geodetic products, as defined in section 455(c) of 
     this title.''.
       (b) Transfer of Chapter 167 Provisions.--Sections 2792, 
     2793, 2794, 2795, 2796, and 2798 of title 10, United States 
     Code, are transferred to subchapter II of chapter 22 of such 
     title, as added by subsection (a), are inserted in that 
     sequence in such subchapter following the table of sections, 
     and are redesignated in accordance with the following table:

Section                                                      Section as
transferred                                                redesignated
  2792.........................................................451 ....

  2793.........................................................452 ....

  2794.........................................................453 ....

  2795.........................................................454 ....

  2796.........................................................455 ....

  2798.........................................................456.....

       [(c) Consultation on Appointment of Director.--Section 201 
     of title 10, United States Code, is amended by striking out 
     ``or Director of the National Security Agency'' and inserting 
     in lieu thereof ``, Director of the National Security Agency, 
     or Director of the National Imagery and Mapping Agency''.]
       [(d)] (c) Oversight of Agency as a Combat Support Agency.--
     Section 193 of title 10, United States Code, is amended--
       (1) in subsection (d)--
       (A) by striking out the caption and inserting in lieu 
     thereof ``Review of National Security Agency and National 
     Imagery and Mapping Agency.--'';
       (B) in paragraph (1)--
       (i) by inserting ``and the National Imagery and Mapping 
     Agency'' after ``the National Security Agency''; and
       (ii) by striking out ``the Agency'' and inserting in lieu 
     thereof ``that the agencies''; and
       (C) in paragraph (2), by inserting ``and the National 
     Imagery and Mapping Agency'' after ``the National Security 
     Agency'';
       (2) in subsection (e)--
       (A) by striking out ``DIA and NSA'' in the caption and 
     inserting in lieu thereof the following: ``DIA, NSA, and 
     NIMA.--''; and
       (B) by striking out ``and the National Security Agency'' 
     and inserting in lieu thereof ``, the National Security 
     Agency, and the National Imagery and Mapping Agency''; and
       (3) in subsection (f), by striking out paragraph (4) and 
     inserting in lieu thereof the following:
       ``(4) The National Imagery and Mapping Agency.''.
       [(e)] (d) Special Printing Authority for Agency.--(1) 
     Section 207(a)(2)(B) of the Legislative Branch Appropriations 
     Act, 1993 (Public Law 102-392; 44 U.S.C. 501 note) is amended 
     by inserting ``National Imagery and Mapping Agency,'' after 
     ``Defense Intelligence Agency,''.
       (2) Section 1336 of title 44, United States Code, is 
     amended--
       (A) by striking out ``Secretary of the Navy'' and inserting 
     in lieu thereof ``Director of the National Imagery and 
     Mapping Agency''; and
       (B) by striking out ``United States Naval Oceanographic 
     Office'' and inserting in lieu thereof ``National Imagery and 
     Mapping Agency''.

     SEC. 922. TRANSFERS.

       (a) Department of Defense.--The missions and functions of 
     the following elements of the Department of Defense are 
     transferred to the National Imagery and Mapping Agency:
       (A) The Defense Mapping Agency.
       (B) The Central Imagery Office.
       (C) Other elements of the Department of Defense as provided 
     in the classified annex to this Act.
       (b) Central Intelligence Agency.--The missions and 
     functions of the following elements of the Central 
     Intelligence Agency are transferred to the National Imagery 
     and Mapping Agency:
       (A) The National Photographic Interpretation Center.
       (B) Other elements of the Central Intelligence Agency as 
     provided in the classified annex to this Act.
       (c) Personnel and Assets.--(1) Subject to paragraphs (2) 
     and (3), the personnel, assets, unobligated balances of 
     appropriations and authorizations of appropriations, and, to 
     the extent jointly determined appropriate by the Secretary of 
     Defense and Director of Central Intelligence, obligated 
     balances of appropriations and authorizations of 
     appropriations employed, used, held, arising from, or 
     available in connection with the missions and functions 
     transferred under subsection (a) or (b) are transferred to 
     the National Imagery and Mapping Agency. A transfer may not 
     be made under the preceding sentence for any program or 
     function for which funds are not appropriated to the National 
     Imagery and Mapping Agency for fiscal year 1997. Transfers of 
     appropriations from the Central Intelligence Agency under 
     this paragraph shall be made in accordance with section 1531 
     of title 31, United States Code.
       (2) Not earlier than two years after the effective date of 
     this subtitle, the Secretary of

[[Page S6344]]

     Defense and the Director of Central Intelligence shall 
     determine which, if any, positions and personnel of the 
     Central Intelligence Agency are to be transferred to the 
     National Imagery and Mapping Agency. The positions to be 
     transferred, and the employees serving in such positions, 
     shall be transferred to the National Imagery and Mapping 
     Agency under terms and conditions prescribed by the Secretary 
     of Defense and the Director of Central Intelligence.
       (3) If the National Photographic Interpretation Center of 
     the Central Intelligence Agency or any imagery-related 
     activity of the Central Intelligence Agency authorized to be 
     performed by the National Imagery and Mapping Agency is not 
     completely transferred to the National Imagery and Mapping 
     Agency, the Secretary of Defense and the Director of Central 
     Intelligence shall--
       (A) jointly determine which, if any, contracts, leases, 
     property, and records employed, used, held, arising from, 
     available to, or otherwise relating to such Center or 
     activity is to be transferred to the National Imagery and 
     Intelligence Agency; and
       (B) provide by written agreement for the transfer of such 
     items.

     SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL 
                   SECURITY ACT OF 1947.

       (a) Agency Functions.--Section 105(b) of the National 
     Security Act of 1947 (50 U.S.C. 403-5(b)) is amended by 
     striking out paragraph (2) and inserting in lieu thereof the 
     following:
       ``(2) through the National Imagery and Mapping Agency 
     (except as otherwise directed by the President or the 
     National Security Council), with appropriate representation 
     from the intelligence community, the continued operation of 
     an effective unified organization within the Department of 
     Defense--
       ``(A) for carrying out tasking of imagery collection;
       ``(B) for the coordination of imagery processing and 
     exploitation activities;
       ``(C) for ensuring the dissemination of imagery in a timely 
     manner to authorized recipients; and
       ``(D) notwithstanding any other provision of law, for--
       ``(i) prescribing technical architecture and standards 
     related to imagery intelligence and geospatial information 
     and ensuring compliance with such architecture and standards; 
     and
       ``(ii) developing and fielding systems of common concern 
     related o imagery intelligence and geospatial information;''.
       [(b) Appointment of Director.--Section 106 of such Act (50 
     U.S.C. 403-6) is amended--
       [(1) by striking out subsection (b); and
       [(2) in subsection (a)--
       [(A) by inserting ``the National Imagery and Mapping 
     Agency,'' after ``the National Reconnaissance Office,''; and
       [(B) by striking out ``(a) Consultation With Regard to 
     Certain Appointments.--''.]
       (b) National Mission.--Title I of such Act (50 U.S.C. 402 
     et seq.) is amended by adding at the end the following:


       ``national mission of national imagery and mapping agency

       ``Sec. 120. (a) In General.--In addition to the Department 
     of Defense missions set forth in section 442 of title 10, 
     United States Code, the National Imagery and Mapping Agency 
     shall also support the imagery requirements of the Department 
     of State and other departments and agencies of the United 
     States outside the Department of Defense.
       ``(b) Requirements and Priorities.--The Director of Central 
     Intelligence shall establish requirements and priorities 
     governing the collection of national intelligence by the 
     National Imagery and Mapping Agency under subsection (a).
       ``(c) Correction of Deficiencies.--The Director of Central 
     Intelligence shall develop and implement such programs and 
     policies as the Director and the Secretary jointly determine 
     necessary to review and correct deficiencies identified in 
     the capabilities of the National Imagery and Mapping Agency 
     to accomplish assigned national missions. The Director shall 
     consult with the Secretary of Defense on the development and 
     implementation of such programs and policies. The Secretary 
     shall obtain the advice of the Chairman of the Joint Chiefs 
     of Staff regarding the matters on which the Director and the 
     Secretary are to consult under the preceding sentence.''.
       (c) Tasking of Imagery Assets.--Title I of such Act is 
     further amended by adding at the end the following:


                     ``collection tasking authority

       ``Sec. 121. The Director of Central Intelligence shall have 
     authority to approve collection requirements, determine 
     collection priorities, and resolve conflicts in collection 
     priorities levied on national imagery collection assets, 
     except as otherwise agreed by the Director and the Secretary 
     of Defense pursuant to the direction of the President.''.
       (d) Clerical Amendment.--The table of contents in the first 
     section of such Act is amended by inserting after section 109 
     the following new items:

``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.

     SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

       (a) Comparable Treatment With Other Intelligence Senior 
     Executive Services.--Title 5, United States Code, is amended 
     as follows:
       (1) In section 2108(3), by inserting ``the National Imagery 
     and Mapping Senior Executive Service,'' after ``the Senior 
     Cryptologic Executive Service,'' in the matter following 
     subparagraph (F)(iii).
       (2) In section 6304(f)(1), by--
       (A) by striking out ``or'' at the end of subparagraph (D);
       (B) by striking out the period at the end of in 
     subparagraph (E) and inserting in lieu thereof ``; or''; and
       (C) by adding at the end the following:
       ``(F) the National Imagery and Mapping Senior Executive 
     Service.''; and
       (3) In sections 8336(h)(2) and 8414(a)(2), by striking out 
     ``or the Senior Cryptologic Executive Service'' and inserting 
     in lieu thereof ``, the Senior Cryptologic Executive Service, 
     or the National Imagery and Mapping Senior Executive 
     Service''.
       (b) Central Imagery Office Personnel Management 
     Authorities.--
       (1) Nonduplication of coverage by defense intelligence 
     senior executive service.--Section 1601 of title 10, United 
     States Code, is amended--
       (A) in subsection (a), by striking out ``and the Central 
     Imagery Office'';
       (B) in subsection (d), by striking out ``or the Central 
     Imagery Office in which the member's expertise and experience 
     may be of benefit to the Defense Intelligence Agency, the 
     Central Imagery Office,'' in the first sentence and inserting 
     in lieu thereof ``in which the member's expertise and 
     experience may be of benefit to the Defense Intelligence 
     Agency''; and
       (C) in subsection (e), by striking out ``and the Central 
     Imagery Office'' in the first sentence.
       (2) Merit pay.--Section 1602 of such title is amended by 
     striking out ``and Central Imagery Office''.
       (3) Miscellaneous authorities.--Subsection 1604 of such 
     title is amended--
       (A) in subsection (a)(1)--
       (i) by striking out ``and the Central Imagery Office''; and
       (ii) by striking out ``and Office'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking out ``or the Central 
     Imagery Office'' in the second sentence; and
       (ii) in paragraph (2), by striking out ``and the Central 
     Imagery Office'';
       (C) in subsection (c), by striking out ``or the Central 
     Imagery Office'';
       (D) in subsection (d)(1), by striking out ``and the Central 
     Imagery Office'';
       (E) in subsection (e)--
       (i) in paragraph (1), by striking out ``or the Central 
     Imagery Office''; and
       (ii) in paragraph (5) by striking out ``, the Director of 
     the Defense Intelligence Agency (with respect to employees of 
     the Defense Intelligence Agency), and the Director of the 
     Central Imagery Office (with respect to employees of the 
     Central Imagery Office)'' and inserting in lieu thereof ``and 
     the Director of the Defense Intelligence Agency (with respect 
     to employees of the Defense Intelligence Agency)'';
       (F) in subsection (f)(3), by striking out ``and Central 
     Imagery Office''; and
       (G) in subsection (g)--
       (i) by striking out ``or the Central Imagery Office''; and
       (ii) by striking out ``or Office''.
       (c) Applicability of Federal Labor-Management Relations 
     System.--Section 7103(a)(3) of title 5, United States Code is 
     amended--
       (1) by inserting ``or'' at the end of subparagraph (F);
       (2) by striking out ``; or'' at the end of subparagraph (G) 
     and inserting in lieu thereof a period; and
       (3) by striking out subparagraph (H).
       (d) Applicability of Authority and Procedures for Imposing 
     Certain Adverse Actions.--Section 7511(b)(8) of title 5, 
     United States Code, is amended by striking out ``Central 
     Imagery Office''.

     SEC. 925. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL 
                   EMPLOYEES OF THE DEFENSE MAPPING AGENCY.

       In the case of an employee of the National Imagery and 
     Mapping Agency who, on the day before the effective date of 
     this subtitle, was an employee of the Defense Mapping Agency 
     in a career-conditional status, the continuous service of 
     that employee as an employee of the National Imagery and 
     Mapping Agency on and after such date shall be considered 
     creditable service for the purpose of any determination of 
     the career status of the employee.

     SEC. 926. SAVING PROVISIONS.

       (a) Continuing Effect on Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     international agreements, grants, contracts, leases, 
     certificates, licenses, registrations, privileges, and other 
     administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     connection with any of the functions which are transferred 
     under this subtitle or any function that the National Imagery 
     and Mapping Agency is authorized to perform by law, and
       (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this 
     subtitle and are to become effective on or after the 
     effective date of this subtitle,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance

[[Page S6345]]

     with law by the President, the Secretary of Defense, the 
     Director of the National Imagery and Mapping Agency or other 
     authorized official, a court of competent jurisdiction, or by 
     operation of law.
       (b) Proceedings Not Affected.--This subtitle and the 
     amendments made by this subtitle shall not affect any 
     proceedings, including notices of proposed rulemaking, or any 
     application for any license, permit, certificate, or 
     financial assistance pending before an element of the 
     Department of Defense or Central Intelligence Agency at the 
     time this subtitle takes effect, with respect to function of 
     that element transferred by section 922, but such proceedings 
     and applications shall be continued. Orders shall be issued 
     in such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     subtitle had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this section shall be deemed to 
     prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this subtitle had not been enacted.
       (c) Severability.--If any provision of this subtitle (or 
     any amendment made by this subtitle), or the application of 
     such provision (or amendment) to any person or circumstance 
     is held unconstitutional, the remainder of this subtitle (or 
     of the amendments made by this subtitle) shall not be 
     affected by that holding.

     SEC. 927. DEFINITIONS.

       In this part, the terms ``function'', ``imagery'', 
     ``imagery intelligence'', and ``geospatial information'' have 
     the meanings given those terms in section 461 of title 10, 
     United States Code, as added by section 921.

     SEC. 928. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for the National 
     Imagery and Mapping Agency for fiscal year 1997 in amounts 
     and for purposes, and subject to the terms, conditions, 
     limitations, restrictions, and requirements, that are set 
     forth in the Classified Annex to this Act.

           PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATES

     SEC. 931. REDESIGNATION AND REPEALS.

       (a) Redesignation.--Chapter 23 of title 10, United States 
     Code (as redesignated by section 921(a)(1)) is amended by 
     redesignating the section in that chapter as section 481.
       (b) Repeal of Superseded Law.--Chapter 167 of such title, 
     as amended by section 921(b), is repealed.

     SEC. 932. REFERENCES.

       (a) Title 5, United States Code.--Title 5, United States 
     Code, is amended as follows:
       (1) Central imagery office.--In sections 2302(a)(2)(C)(ii), 
     3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B), 
     5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), 
     and 7323(b)(2)(B)(i)(XIII), by striking out ``Central Imagery 
     Office'' and inserting in lieu thereof ``National Imagery and 
     Mapping Agency''.
       (2) Director, central imagery office.--In section 
     6339(a)(2)(E), by striking out ``Central Imagery Office, the 
     Director of the Central Imagery Office'' and inserting in 
     lieu thereof ``National Imagery and Mapping Agency, the 
     Director of the National Imagery and Mapping Agency''.
       (b) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) Central imagery office.--In section 1599(f)(4), by 
     striking out ``Central Imagery Office'' and inserting in lieu 
     thereof ``National Imagery and Mapping Agency''.
       (2) Defense mapping agency.--In sections 451(1), 452, 453, 
     454, and 455 (in subsections (a) and (b)(1)(C)), and 456, as 
     redesignated by section 921(b), by striking out ``Defense 
     Mapping Agency'' each place it appears and inserting in lieu 
     thereof ``National Imagery and Mapping Agency''.
       (c) Other Laws.--
       (1) National security act of 1947.--Section 3(4)(E) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)(E) is 
     amended by striking out ``Central Imagery Office'' and 
     inserting in lieu thereof ``National Imagery and Mapping 
     Agency''.
       (2) Ethics in government act of 1978.--Section 105(a) of 
     the Ethics in Government Act of 1978 (Public Law 95-521; 5 
     U.S.C. App. 4) is amended by striking out ``Central Imagery 
     Office'' and inserting in lieu thereof ``National Imagery and 
     Mapping Agency''.
       (3) Employee polygraph protection act.--Section 
     7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 
     1988 (Public Law 100-347; 29 U.S.C. 2006(b)(2)(A)(i)) is 
     amended by striking out ``Central Imagery Office'' and 
     inserting in lieu thereof ``National Imagery and Mapping 
     Agency''.
       (d) Cross Reference.--Section 82 of title 14, United States 
     Code, is amended by striking out ``chapter 167'' and 
     inserting in lieu thereof ``subchapter II of chapter 22''.

     SEC. 933. HEADINGS AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--
       (1) Heading.--The heading of chapter 83 of title 10, United 
     States Code, is amended to read as follows:

    ``CHAPTER 83--DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL''.

       (2) Clerical amendments.--(A) The table of chapters at the 
     beginning of subtitle A of title 10, United States Code, is 
     amended--
       (i) by striking out the item relating to chapter 22 and 
     inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency.....................441  ....

``23. Miscellaneous Studies and Reports......................471'';....

       (ii) by striking out the item relating to chapter 83 and 
     inserting in lieu thereof the following:

``83. Defense Intelligence Agency Civilian Personnel........1601'';....

     and
       (iii) by striking out the item relating to chapter 167.
       (B) The table of chapters at the beginning of part I of 
     such subtitle is amended by striking out the item relating to 
     chapter 22 and inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency.....................441  ....

``23. Miscellaneous Studies and Reports......................471'';....

       (C) The item relating to chapter 83 in the table of 
     chapters at the beginning of part II of such subtitle is 
     amended to read as follows:

``83. Defense Intelligence Agency Civilian Personnel........1601''.....

       (D) The table of chapters at the beginning of part IV of 
     such subtitle is amended by striking out the item relating to 
     chapter 167.
       (E) The item in the table of sections at the beginning of 
     chapter 23 of title 10, United States Code (as redesignated 
     by section 921), is amended to read as follows:

``481. Racial and ethnic issues; biennial survey; biennial report.''.
       (b) Title 44, United States Code.--
       (1) Section heading.--The heading of section 1336 of title 
     44, United States Code, is amended to read as follows:

     ``Sec. 1336. National Imagery and Mapping Agency: special 
       publications''.

       (2) Clerical amendment.--The item relating to such section 
     in the tables of sections at the beginning of chapter 13 of 
     such title is amended to read as follows:

``1336. National Imagery and Mapping Agency: special publications.''.
       [(c) National Security Act of 1947.--(1) The heading of 
     section 106 of the National Security Act of 1947 (50 U.S.C. 
     403-6) is amended to read as follows:


         [``consultation with regard to certain appointments''.

       [(2) The item relating to such section in the table of 
     contents in the first section of such Act is amended to read 
     as follows:

[Sec. 106. Consultation with regard to certain appointments.''.]

     SEC. 934. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle shall take 
     effect on the later of October 1, 1996, or the date of the 
     enactment of an Act appropriating funds for fiscal year 1997 
     for the National Imagery and Mapping Agency.
       (b) Exception.--Section 928 shall take effect on the date 
     of the enactment of this Act.
                      TITLE X--GENERAL PROVISIONS
                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--(1) Upon 
     determination by the Secretary of Defense that such action is 
     necessary in the national interest, the Secretary may 
     transfer amounts of authorizations made available to the 
     Department of Defense in this division for fiscal year 1997 
     between any such authorizations for that fiscal year (or any 
     subdivisions thereof). Amounts of authorizations so 
     transferred shall be merged with and be available for the 
     same purposes as the authorization to which transferred.
       (2) The total amount of authorizations that the Secretary 
     of Defense may transfer under the authority of this section 
     may not exceed $2,000,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED 
                   FISCAL YEAR 1996 DEFENSE APPROPRIATIONS.

       (a) Authority.--The amounts described in subsection (b) may 
     be obligated and expended for programs, projects, and 
     activities of the Department of Defense in accordance with 
     fiscal year 1996 defense appropriations.
       (b) Covered Amounts.--The amounts referred to in subsection 
     (a) are the amounts provided for programs, projects, and 
     activities of the Department of Defense in fiscal year 1996 
     defense appropriations that are in excess of the amounts 
     provided for such programs, projects, and activities in 
     fiscal year 1996 defense authorizations.
       (c) Definitions.--For the purposes of this section:

[[Page S6346]]

       (1) Fiscal year 1996 defense appropriations.--The term 
     ``fiscal year 1996 defense appropriations'' means amounts 
     appropriated or otherwise made available to the Department of 
     Defense for fiscal year 1996 in the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61).
       (2) Fiscal year 1996 defense authorizations.--The term 
     ``fiscal year 1996 defense authorizations'' means amounts 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 1996 in the National Defense Authorization 
     Act for Fiscal Year 1996 (Public Law 104-106).

     SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS FOR FISCAL YEAR 1996.

       Amounts authorized to be appropriated to the Department of 
     Defense for fiscal year 1996 in the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106) 
     are hereby adjusted, with respect to any such authorized 
     amount, by the amount by which appropriations pursuant to 
     such authorization were increased (by a supplemental 
     appropriation) or decreased (by a rescission), or both, in 
     the Omnibus Consolidated Rescissions and Appropriations Act 
     of 1996 (Public Law 104-134).

     SEC. 1004. USE OF FUNDS TRANSFERRED TO THE COAST GUARD.

       (a) Limitation.--Funds appropriated to the Department of 
     Defense for fiscal year 1997 that are transferred to the 
     Coast Guard may be used only for the performance of national 
     security functions of the Coast Guard in support of the 
     Department of Defense.
       (b) Certification Required.--Funds described in subsection 
     (a) may not be transferred to the Coast Guard until the 
     Secretary of Defense and the Secretary of Transportation 
     jointly certify to Congress that the funds so transferred 
     will be used only as described in subsection (a).
       (c) GAO Audit.--The Comptroller General of the United 
     States shall--
       (1) audit, from time to time, the use of funds transferred 
     to the Coast Guard from appropriations for the Department of 
     Defense for fiscal year 1997 in order to verify that the 
     funds are being used in accordance with the limitation in 
     subsection (a); and
       (2) notify the congressional defense committees of any use 
     of such funds that, in the judgment of the Comptroller 
     General, is a significant violation of such limitation.

     SEC. 1005. USE OF MILITARY-TO-MILITARY CONTACTS FUNDS FOR 
                   PROFESSIONAL MILITARY EDUCATION AND TRAINING.

       Section 168(c) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(9) Military education and training for military and 
     civilian personnel of foreign countries (including 
     transportation expenses, expenses for translation services, 
     and administrative expenses to the extent that the expenses 
     are related to the providing of such education and training 
     to such personnel).''.

     SEC. 1006. PAYMENT OF CERTAIN EXPENSES RELATING TO 
                   HUMANITARIAN AND CIVIC ASSISTANCE.

       Section 401(c) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Expenses covered by paragraph (1) include the 
     following expenses incurred in the providing of assistance 
     described in subsection (e)(5):
       ``(A) Travel, transportation, and subsistence expenses of 
     Department of Defense personnel providing the assistance.
       ``(B) The cost of any equipment, services, or supplies 
     acquired for the purpose of providing the assistance.''.

     [SEC. 1007. PROHIBITION ON EXPENDITURE OF DEPARTMENT OF 
                   DEFENSE FUNDS BY OFFICIALS OUTSIDE THE 
                   DEPARTMENT.

       [(a) Prohibition.--Section 2215 of title 10, United States 
     Code, is amended to read as follows:

     [``Sec. 2215. Prohibition on expenditure of Department of 
       Defense intelligence funds by officials outside the 
       department

       [``(a) In General.--Funds appropriated for the Department 
     of Defense for intelligence activities of that department may 
     not be obligated or expended by an officer or employee of the 
     United States who is not an officer or employee of the 
     Department of Defense.
       [``(b) Delegation of Authority Prohibited.--An officer or 
     employee of the Department of Defense may not delegate to an 
     officer or employee of the United States who is not an 
     officer or employee of the Department of Defense any 
     authority to obligate or expend funds described in subsection 
     (a).''.
       [(b) Clerical Amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 131 is 
     amended to read as follows:

[``2215. Prohibition on expenditure of Department of Defense 
              intelligence funds by officials outside the 
              department.''.]

     SEC. [1008.] 1007. PROHIBITION ON USE OF FUNDS FOR OFFICE OF 
                   NAVAL INTELLIGENCE REPRESENTATION OR RELATED 
                   ACTIVITIES.

     None of the funds authorized to be appropriated by this Act 
     or otherwise made available for the Navy for fiscal year 1997 
     may be obligated or expended by the Office of Naval 
     Intelligence for official representation activities or 
     related activities.

     SEC. [1009.] 1008. REIMBURSEMENT OF DEPARTMENT OF DEFENSE FOR 
                   COSTS OF DISASTER ASSISTANCE PROVIDED OUTSIDE 
                   THE UNITED STATES.

       Section 404 of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Reimbursement Policy.--It is the sense of Congress 
     that, whenever the President directs the Secretary of Defense 
     to provide disaster assistance outside the United States 
     under subsection (a)--
       ``(1) the President should direct the Administrator of the 
     Agency for International Development to reimburse the 
     Department of Defense for the cost to the Department of 
     Defense of the assistance provided; and
       ``(2) a reimbursement by the Administrator should be paid 
     out of funds available under chapter 9 of part I of the 
     Foreign Assistance Act of 1961 for international disaster 
     assistance for the fiscal year in which the cost is 
     incurred.''.

     SEC. [1010.] 1009. FISHER HOUSE TRUST FUND FOR THE NAVY.

       (a) Authority.--Section 2221 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) The Fisher House Trust Fund, Department of the 
     Navy.'';
       (2) in subsection (c)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Amounts in the Fisher House Trust Fund, Department of 
     the Navy, that are attributable to earnings or gains realized 
     from investments shall be available for the operation and 
     maintenance of Fisher houses that are located in proximity to 
     medical treatment facilities of the Navy.''; and
       (3) in subsection (d)(1), by striking out ``or the Air 
     Force'' and inserting in lieu thereof ``, the Air Force, or 
     the Navy''.
       (b) Corpus of Trust Funds.--The Secretary of the Navy shall 
     transfer to the Fisher House Trust Fund, Department of the 
     Navy, established by section 2221(a)(3) of title 10, United 
     States Code (as added by subsection (a)(1)), all amounts in 
     the accounts for Navy installations and other facilities 
     that, as of the date of the enactment of this Act, are 
     available for operation and maintenance of Fisher houses, as 
     defined in section 2221(d) of such title.
       (c) Conforming Amendments.--Section 1321 of title 31, 
     United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(94) Fisher House Trust Fund, Department of the Navy.''; 
     and
       (2) in subsection (b)(2), by adding at the end the 
     following:
       ``(D) Fisher House Trust Fund, Department of the Navy.''.

     SEC. 1011. 1010. DESIGNATION AND LIABILITY OF DISBURSING AND 
                   CERTIFYING OFFICIALS FOR THE COAST GUARD.

       (a) Disbursing Officials.--(1) Section 3321(c) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3) The Department of Transportation (with respect to 
     public money available for expenditure by the Coast Guard 
     when it is not operating as a service in the Navy).''.
       (2)(A) Chapter 17 of title 14, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 673. Designation, powers, and accountability of deputy 
       disbursing officials

       ``(a)(1) Subject to paragraph (3), a disbursing official of 
     the Coast Guard may designate a deputy disbursing official--
       ``(A) to make payments as the agent of the disbursing 
     official;
       ``(B) to sign checks drawn on disbursing accounts of the 
     Secretary of the Treasury; and
       ``(C) to carry out other duties required under law.
       ``(2) The penalties for misconduct that apply to a 
     disbursing official apply to a deputy disbursing official 
     designated under this subsection.
       ``(3) A disbursing official may make a designation under 
     paragraph (1) only with the approval of the Secretary of 
     Transportation (when the Coast Guard is not operating as a 
     service in the Navy).
       ``(b)(1) If a disbursing official of the Coast Guard dies, 
     becomes disabled, or is separated from office, a deputy 
     disbursing official may continue the accounts and payments in 
     the name of the former disbursing official until the last day 
     of the second month after the month in which the death, 
     disability, or separation occurs. The accounts and payments 
     shall be allowed, audited, and settled as provided by law. 
     The Secretary of the Treasury shall honor checks signed in 
     the name of the former disbursing official in the same way as 
     if the former disbursing official had continued in office.
       ``(2) The deputy disbursing official, and not the former 
     disbursing official or the estate of the former disbursing 
     official, is liable for the actions of the deputy disbursing 
     official under this subsection.
       ``(c)(1) Except as provided in paragraph (2), this section 
     does not apply to the Coast Guard when section 2773 of title 
     10 applies to the Coast Guard by reason of the operation of 
     the Coast Guard as a service in the Navy.

[[Page S6347]]

       ``(2) A designation of a deputy disbursing official under 
     subsection (a) that is made while the Coast Guard is not 
     operating as a service in the Navy continues in effect for 
     purposes of section 2773 of title 10 while the Coast Guard 
     operates as a service in the Navy unless and until the 
     designation is terminated by the disbursing official who 
     made the designation or an official authorized to approve 
     such a designation under subsection (a)(3) of such 
     section.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``673. Designation, powers, and accountability of deputy disbursing 
              officials.''.

       (b) Designation of Members of the Armed Forces To Have 
     Authority To Certify Vouchers.--Section 3325(b) of title 31, 
     United States Code, is amended by striking out ``members of 
     the armed forces under the jurisdiction of the Secretary of 
     Defense may certify vouchers when authorized, in writing, by 
     the Secretary to do so'' and inserting in lieu thereof 
     ``members of the armed forces may certify vouchers when 
     authorized, in writing, by the Secretary of Defense or, in 
     the case of the Coast Guard when it is not operating as a 
     service in the Navy, by the Secretary of Transportation''.
       (c) Conforming Amendments.--(1) Section 1007(a) of title 
     37, United States Code, is amended by inserting after 
     ``Secretary of Defense'' the following: ``(or the Secretary 
     of Transportation, in the case of an officer of the Coast 
     Guard when the Coast Guard is not operating as a service in 
     the Navy)''.
       (2) Section 3527(b)(1) of title 31, United States Code, is 
     amended--
       (A) in subparagraph (A)(i), by inserting after ``Department 
     of Defense'' the following: ``(or the Secretary of 
     Transportation, in the case of a disbursing official of the 
     Coast Guard when the Coast Guard is not operating as a 
     service in the Navy)''; and
       (B) in subparagraph (B), by inserting after ``or the 
     Secretary of the appropriate military department'' the 
     following: ``(or the Secretary of Transportation, in the case 
     of a disbursing official of the Coast Guard when the Coast 
     Guard is not operating as a service in the Navy)''.

     SEC. [1012.] 1011. AUTHORITY TO SUSPEND OR TERMINATE 
                   COLLECTION ACTIONS AGAINST DECEASED MEMBERS OF 
                   THE COAST GUARD.

       Section 3711(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by striking out ``or Marine Corps'' 
     and inserting in lieu thereof ``Marine Corps, or Coast 
     Guard'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Secretary of Transportation may suspend or 
     terminate an action by the Secretary under subsection (a) to 
     collect a claim against the estate of a person who died while 
     serving on active duty as a member of the Coast Guard if the 
     Secretary determines that, under the circumstances applicable 
     with respect to the deceased person, it is appropriate to do 
     so.''.

     SEC. [1013.] 1012. CHECK CASHING AND EXCHANGE TRANSACTIONS 
                   WITH CREDIT UNIONS OUTSIDE THE UNITED STATES.

       Section 3342(b) of title 31, United States Code, is 
     amended--
       (1) by striking out ``and'' at the end of paragraph (5);
       (2) by striking out the period at the end of paragraph (6) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following:
       ``(7) a Federal credit union (as defined in section 101(1) 
     of the Federal Credit Union Act (12 U.S.C. 1752(1)) that is 
     operating at Department of Defense invitation in a foreign 
     country where contractor-operated military banking 
     facilities are not available.''.
                Subtitle B--Naval Vessels and Shipyards

     SEC. 1021. AUTHORITY TO TRANSFER NAVAL VESSELS.

       (a) Egypt.--The Secretary of the Navy may transfer to the 
     Government of Egypt the ``OLIVER HAZARD PERRY'' frigate 
     GALLERY. Such transfer shall be on a sales basis under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761; 
     relating to the foreign military sales program).
       (b) Mexico.--The Secretary of the Navy may transfer to the 
     Government of Mexico the ``KNOX'' class frigates STEIN (FF 
     1065) and MARVIN SHIELDS (FF 1066). Such transfers shall be 
     on a sales basis under section 21 of the Arms Export Control 
     Act (22 U.S.C. 2761).
       (c) New Zealand.--The Secretary of the Navy may transfer to 
     the Government of New Zealand the ``STALWART'' class ocean 
     surveillance ship TENACIOUS. Such transfer shall be on a 
     sales basis under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761).
       (d) Portugal.--The Secretary of the Navy may transfer to 
     the Government of Portugal the ``STALWART'' class ocean 
     surveillance ship AUDACIOUS. Such transfer shall be on a 
     grant basis under section 516 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j; relating to transfers of excess 
     defense articles).
       (e) Taiwan.--The Secretary of the Navy may transfer to the 
     Taipei Economic and Cultural Representative Office in the 
     United States (which is the Taiwan instrumentality designated 
     pursuant to section 10(a) of the Taiwan Relations Act) the 
     following:
       (1) The ``KNOX'' class frigates AYLWIN (FF 1081), PHARRIS 
     (FF 1094), and VALDEZ (FF 1096). Such transfers shall be on a 
     sales basis under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761).
       (2) The ``NEWPORT'' class tank landing ship NEWPORT (LST 
     1179). Such transfer shall be on a lease basis under section 
     61 of the Arms Export Control Act (22 U.S.C. 2796).
       (f) Thailand.--The Secretary of the Navy may transfer to 
     the Government of Thailand the ``KNOX'' class frigate OUELLET 
     (FF 1077). Such transfer shall be on a sales basis under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761).
       (g) Costs of Transfer.--Any expense of the United States in 
     connection with a transfer authorized by this section shall 
     be charged to the recipient.
       (h) Repair and Refurbishment of Vessels.--The Secretary of 
     the Navy shall require, to the maximum extent possible, as a 
     condition of a transfer of a vessel under this section, that 
     the country to which the vessel is transferred have such 
     repair or refurbishment of the vessel as is needed, before 
     the vessel joins the naval forces of that country, performed 
     at a shipyard located in the United States, including a 
     United States Navy shipyard.
       (i) Expiration of Authority.--Any authority for transfer 
     granted by this section shall expire at the end of the 2-year 
     period beginning on the date of the enactment of this Act.

     SEC. 1022. TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF THE NAVY.

       (a) Requirement To Transfer Vessels.--The Secretary of the 
     Navy shall transfer the six obsolete tugboats of the Navy 
     specified in subsection (b) to the Northeast Wisconsin 
     Railroad Transportation Commission, an instrumentality of the 
     State of Wisconsin. Such transfers shall be made without 
     reimbursement to the United States.
       (b) Vessels Covered.--The requirement in subsection (a) 
     applies to the six decommissioned Cherokee class tugboats, 
     listed as of the date of the enactment of this Act as being 
     surplus to the Navy, that are designated as ATF-105, ATF-110, 
     ATF-149, ATF-158, ATF-159, and ATF-160.
       (c) Condition Relating to Environmental Compliance.--The 
     Secretary shall require as a condition of the transfer of a 
     vessel under subsection (a) that use of the vessel by the 
     Commission not commence until the terms of any necessary 
     environmental compliance letter or agreement with respect to 
     that vessel have been complied with.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions (including a 
     requirement that the transfer be at no cost to the 
     Government) in connection with the transfers required by 
     subsection (a) as the Secretary considers appropriate.

     SEC. 1023. REPEAL OF REQUIREMENT FOR CONTINUOUS APPLICABILITY 
                   OF CONTRACTS FOR PHASED MAINTENANCE OF AE CLASS 
                   SHIPS.

       Section 1016 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 425) is 
     repealed.

     SEC. 1024. CONTRACT OPTIONS FOR LMSR VESSELS.

       (a) Findings.--Congress reaffirms the findings set forth in 
     section 1013(a) of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 422), and 
     makes the following modifications and supplemental findings:
       (1) Since the findings set forth in section 1013(a) of such 
     Act were originally formulated, the Secretary of the Navy has 
     exercised options for the acquisition of two of the six 
     additional large, medium-speed, roll-on/roll-off (LMSR) 
     vessels that may be acquired by exercise of options provided 
     for under contracts covering the acquisition of a total of 17 
     LMSR vessels.
       (2) Therefore, under those contracts, the Secretary has 
     placed orders for the acquisition of 13 LMSR vessels and has 
     remaining options for the acquisition of four more LMSR 
     vessels, all of which would be new construction vessels.
       (3) The remaining options allow the Secretary to place 
     orders for one vessel to be constructed at each of two 
     shipyards for award before December 31, 1996, and December 
     31, 1997, respectively.
       (b) Sense of Congress.--Congress also reaffirms its 
     declaration of the sense of Congress, as set forth in section 
     1013(b) of Public Law 104-106, that the Secretary of the Navy 
     should plan for, and budget to provide for, the acquisition 
     as soon as possible of a total of 19 large, medium-speed, 
     roll-on/roll-off (LMSR) vessels (the number determined to be 
     required in the report entitled ``Mobility Requirements Study 
     Bottom-Up Review Update'', submitted by the Secretary of 
     Defense to Congress in April 1995), rather than only 17 such 
     vessels (which is the number of vessels under contract as of 
     April 1996).
       (c) Additional New Construction Contract Option.--The 
     Secretary of the Navy should negotiate with each of the two 
     shipyards holding new construction contracts referred to in 
     subsection (a)(1) (Department of the Navy contracts numbered 
     N00024-93-C-2203 and N00024-93-C-2205) for an option under 
     each such contract for construction of one additional such 
     LMSR vessel, with such option to be available to the 
     Secretary for exercise not earlier than fiscal year 1998, 
     subject to the availability of funds authorized and 
     appropriated for such purpose. Nothing in this subsection 
     shall be construed to preclude the Secretary of the Navy from

[[Page S6348]]

     competing the award of the two options between the two 
     shipyards holding new construction contracts referred to in 
     subsection (a)(1).
       (d) Report.--The Secretary of the Navy shall submit to the 
     congressional defense committees, by March 31, 1997, a report 
     stating the intentions of the Secretary regarding the 
     acquisition of options for the construction of two additional 
     LMSR vessels as described in subsection (c).
       (e) Repeal of Superseded Provision.--Section 1013 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat 422) is amended by striking out 
     subsection (c).
                  Subtitle C--Counter-Drug Activities

     SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR 
                   COUNTER-DRUG ACTIVITIES OF MEXICO.

       (a) Authority To Provide Additional Support.--The Secretary 
     of Defense may, during fiscal year 1997, provide the 
     Government of Mexico the support described in subsection (b) 
     for the counter-drug activities of the Government of Mexico. 
     Such support shall be in addition to support provided the 
     Government of Mexico under any other provision of law.
       (b) Types of Support.--The Secretary may provide the 
     following support under subsection (a):
       (1) The transfer of spare parts and non-lethal equipment 
     and materiel, including radios, night vision goggles, global 
     positioning systems, uniforms, command, control, 
     communications, and intelligence (C3I) integration 
     equipment, detection equipment, and monitoring equipment.
       (2) The maintenance and repair of equipment of the 
     Government of Mexico that is used for counter-narcotics 
     activities.
       (c) Applicability of Other Support Authorities.--Except as 
     otherwise provided in this section, the provisions of section 
     1004 of the National Defense Authorization Act for Fiscal 
     Year 1991 (10 U.S.C. 374 note) shall apply to the provision 
     of support under this section.
       (d) Funding.--Of the amounts authorized to be appropriated 
     for fiscal year 1997 for the Department of Defense for drug 
     interdiction and counter-drug activities, not more than 
     $10,000,000 shall be available in that fiscal year for the 
     provision of support under this section.

     SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NATIONAL DRUG 
                   INTELLIGENCE CENTER.

       (a) Limitation on Use of Funds.--Except as provided in 
     subsection (b), funds appropriated or otherwise made 
     available for the Department of Defense pursuant to this or 
     any other Act may not be obligated or expended for the 
     National Drug Intelligence Center, Johnstown, Pennsylvania.
       (b) Exception.--If the Attorney General operates the 
     National Drug Intelligence Center using funds available for 
     the Department of Justice, the Secretary of Defense may 
     continue to provide Department of Defense intelligence 
     personnel to support intelligence activities at the Center. 
     The number of such personnel providing support to the Center 
     after the date of the enactment of this Act may not exceed 
     the number of the Department of Defense intelligence 
     personnel who are supporting intelligence activities at the 
     Center on the day before such date.

     SEC. 1033. INVESTIGATION OF THE NATIONAL DRUG INTELLIGENCE 
                   CENTER.

       (a) Investigation Required.--The Inspector General of the 
     Department of Defense, the Inspector General of the 
     Department of Justice, the Inspector General of the Central 
     Intelligence Agency, and the Comptroller General of the 
     United States shall--
       (1) jointly investigate the operations of the National Drug 
     Intelligence Center, Johnstown, Pennsylvania; and
       (2) not later than March 31, 1997, jointly submit to the 
     President pro tempore of the Senate and the Speaker of the 
     House of Representatives a report on the results of the 
     investigation.
       (b) Content of Report.--The joint report shall contain a 
     determination regarding whether there is a significant 
     likelihood that the funding of the operation of the National 
     Drug Intelligence Center, a domestic law enforcement program, 
     through an appropriation under the control of the Director of 
     Central Intelligence will result in a violation of the 
     National Security Act of 1947 or Executive Order 12333.
           Subtitle D--Matters Relating to Foreign Countries

     SEC. 1041. AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL 
                   BETWEEN THE UNITED STATES AND FOREIGN 
                   COUNTRIES.

       (a) Exchange Authority.--Subchapter II of chapter 138 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 2350l. Exchange of defense personnel between the 
       United States and foreign countries

       ``(a) International Exchange Agreements Authorized.--The 
     Secretary of Defense is authorized to enter into agreements 
     with the governments of allies of the United States and other 
     friendly foreign countries for the exchange of military and 
     civilian personnel of the Department of Defense and military 
     and civilian personnel of the defense ministries of such 
     foreign governments.
       ``(b) Assignment of Personnel.--(1) Pursuant to an 
     agreement entered into under subsection (a), personnel of the 
     defense ministry of a foreign government may be assigned to 
     positions in the Department of Defense, and personnel of the 
     Department of Defense may be assigned to positions in the 
     defense ministry of that foreign government. Positions to 
     which exchanged personnel are assigned may include positions 
     of instructors.
       ``(2) An agreement for the exchange of personnel engaged in 
     research and development activities may provide for 
     assignment of Department of Defense personnel to positions in 
     private industry that support the defense ministry of the 
     host foreign government.
       ``(3) A specific position and the individual to be assigned 
     to that position shall be acceptable to both governments.
       ``(c) Reciprocity of Personnel Qualifications Required.--
     Each government shall be required under an agreement 
     authorized by subsection (a) to provide personnel having 
     qualifications, training, and skills that are essentially 
     equal to those of the personnel provided by the other 
     government.
       ``(d) Payment of Personnel Costs.--(1) Each government 
     shall pay the salary, per diem, cost of living, travel, cost 
     of language or other training, and other costs for its own 
     personnel in accordance with the laws and regulations of such 
     government that pertain to such matters.
       ``(2) The requirement in paragraph (1) does not apply to 
     the following costs:
       ``(A) Cost of temporary duty directed by the host 
     government.
       ``(B) Costs of training programs conducted to familiarize, 
     orient, or certify exchanged personnel regarding unique 
     aspects of the exchanged personnel's assignments.
       ``(C) Costs incident to the use of host government 
     facilities in the performance of assigned duties.
       ``(e) Prohibited Conditions.--No personnel exchanged 
     pursuant to an agreement under this section may take or be 
     required to take an oath of allegiance to the host country or 
     to hold an official capacity in the government of such 
     country.
       ``(f) Relationship to Other Authority.--Nothing in this 
     section limits any authority of the secretaries of the 
     military departments to enter into an agreement with the 
     government of a foreign country to provide for exchange of 
     members of the armed forces and military personnel of the 
     foreign country except that subsections (c) and (d) shall 
     apply in the exercise of that authority. The Secretary of 
     Defense may prescribe regulations for the application of such 
     subsections in the exercise of such authority.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of such chapter is amended by 
     adding at the end the following new item:

``2350l. Exchange of defense personnel between the United States and 
              foreign countries.''.

     SEC. 1042. AUTHORITY FOR RECIPROCAL EXCHANGE OF PERSONNEL 
                   BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES 
                   FOR FLIGHT TRAINING.

       Section 544 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2347c) is amended--
       (1) by inserting ``, and for attendance of foreign military 
     personnel at flight training schools or programs (including 
     test pilot schools) in the United States,'' after ``(other 
     than service academies)''; and
       (2) by striking out ``and comparable institutions'' and 
     inserting in lieu thereof `` or flight training schools or 
     programs, as the case may be, and comparable institutions, 
     schools, or programs''.

     SEC. 1043. EXTENSION OF COUNTERPRO-LIFERATION AUTHORITIES.

       Section 1505 of the Weapons of Mass Destruction Control Act 
     of 1992 (title XV of Public Law 104-484; 22 U.S.C. 5859a) is 
     amended--
       (1) in subsection (d)(3)--
       (A) by striking out ``fiscal year 1995, or'' and inserting 
     in lieu thereof ``fiscal year 1995,''; and
       (B) by inserting before the period at the end the 
     following: ``, $15,000,000 for fiscal year 1997, or 
     $15,000,000 for fiscal year 1998''; and
       (2) in subsection (f), by striking out ``fiscal year 1996'' 
     and inserting in lieu thereof ``fiscal year 1998''.
            Subtitle E--Miscellaneous Reporting Requirements

     SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.

       (a) Report Required.--Not later than March 1 of each year, 
     the Chairman of the Joint Chiefs of Staff shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on National Security of the House of Representatives a report 
     on emerging operational concepts. The report shall contain a 
     description, for the year preceding the year in which 
     submitted, of the following:
       (1) The process undertaken in each of the Army, Navy, Air 
     Force, and Marine Corps to define and develop doctrine, 
     operational concepts, organizational concepts, and 
     acquisition strategies based on--
       (A) the potential of emerging technologies for 
     significantly improving the operational effectiveness of that 
     armed force;
       (B) changes in the international order that may necessitate 
     changes in the operational capabilities of that armed force;
       (C) emerging capabilities of potential adversary states; 
     and
       (D) changes in defense budget projections that put existing 
     acquisition programs of the service at risk.
       (2) The manner in which the process undertaken in each of 
     the Army, Navy, Air Force,

[[Page S6349]]

     and Marine Corps is harmonized with a joint vision and with 
     the similar processes of the other armed forces to ensure 
     that there is a sufficient consideration of the development 
     of joint doctrine, operational concepts, and acquisition 
     strategies.
       (3) The manner in which the process undertaken by each of 
     the Army, Navy, Air Force, and Marine Corps is coordinated 
     through the Joint Requirements Oversight Council or another 
     entity to ensure that the results of the process are 
     considered in the planning, programming, and budgeting 
     process of the Department of Defense.
       (4) Proposals under consideration by the Joint Requirements 
     Oversight Council or other entity within the Department of 
     Defense to modify the roles and missions of any of the Army, 
     Navy, Air Force, and Marine Corps as a result of the 
     processes described in paragraph (1).
       (b) First Report.--The first report under this section 
     shall be submitted not later than March 1, 1997.
       (c) Termination of Requirement After Fourth Report.--
     Notwithstanding subsection (a), no report is required under 
     this section after 2000.

     SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY 
                   PLAN.

       (a) Annual Plan Required.--On March 1 of each year, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on National Security 
     of the House of Representatives a plan for ensuring that the 
     science and technology program of the Department of Defense 
     supports the development of the future joint warfighting 
     capabilities identified as priority requirements for the 
     Armed Forces.
       (b) First Plan.--The first plan shall be submitted not 
     later than March 1, 1997.

     SEC. 1053. REPORT ON MILITARY READINESS REQUIREMENTS OF THE 
                   ARMED FORCES.

       (a) Requirement.--Not later than January 31, 1997, the 
     Chairman of the Joint Chiefs of Staff shall submit to the 
     congressional defense committees a report on the military 
     readiness requirements of the active and reserve components 
     of the Armed Forces (including combat units, combat support 
     units, and combat service support units) prepared by the 
     officers referred to in subsection (b). The report shall 
     assess such requirements under a tiered readiness and 
     response system that categorizes a given unit according to 
     the likelihood that it will be required to respond to a 
     military conflict and the time in which it will be required 
     to respond.
       (b) Officers.--The report required by subsection (a) shall 
     be prepared jointly by the Chief of Staff of the Army, the 
     Chief of Naval Operations, the Chief of Staff of the Air 
     Force, the Commandant of the Marine Corps, and the Commander 
     of the Special Operations Command.
       (c) Assessment Scenario.--The report shall assess readiness 
     requirements in a scenario based on the following 
     assumptions:
       (1) The conflict is in a generic theater of operations 
     located anywhere in the world and does not exceed the 
     notional limits for a major regional contingency.
       (2) The forces available for deployment include the forces 
     described in the Bottom Up Review force structure, including 
     all planned force enhancements.
       (3) Assistance is not available from allies.
       (d) Assessment Elements.--The report shall identify by unit 
     type, and assess the readiness requirements of, all active 
     and reserve component units. Each such unit shall be 
     categorized within one of the following classifications:
       (1) Forward-deployed and crisis response forces, or ``Tier 
     I'' forces, that possess limited internal sustainment 
     capability and do not require immediate access to regional 
     air bases or ports or overflight rights, including the 
     following:
       (A) Force units that are routinely deployed forward at sea 
     or on land outside the United States.
       (B) Combat-ready crises response forces that are capable of 
     mobilizing and deploying within 10 days after receipt of 
     orders.
       (C) Forces that are supported by prepositioning equipment 
     afloat or are capable of being inserted into a theater upon 
     the capture of a port or airfield by forcible entry forces.
       (2) Combat-ready follow-on forces, or ``Tier II'' forces, 
     that can be mobilized and deployed to a theater within 
     approximately 60 days after receipt of orders.
       (3) Combat-ready conflict resolution forces, or ``Tier 
     III'' forces, that can be mobilized and deployed to a theater 
     within approximately 180 days after receipt of orders.
       (4) All other active and reserve component force units 
     which are not categorized within a classification described 
     in paragraph (1), (2), or (3).
       (e) Form of Report.--The report under this section shall be 
     submitted in unclassified form but may contain a classified 
     annex.
                       Subtitle F--Other Matters

     SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMENDMENTS.

       (a) Technical Amendment Regarding Forfeitures During 
     Confinement Adjudged by a Court-martial.--(1) Section 
     858b(a)(1) of title 10, United States Code (article 58b(a)(1) 
     of the Uniform Code of Military Justice), is amended--
       (A) in the first sentence, by inserting ``(if adjudged by a 
     general court-martial)'' after ``all pay and''; and
       (B) in the third sentence, by striking out ``two-thirds of 
     all pay and allowances'' and inserting in lieu thereof ``two-
     thirds of all pay''.
       (2) The amendments made by paragraph (1) shall take effect 
     as of April 1, 1996, and shall apply to any case in which a 
     sentence is adjudged by a court-martial on or after that 
     date.
       (b)  Excepted Service Appointments to Certain Nonattorney 
     Positions of the United States Court of Appeals for the Armed 
     Forces..--(1) Subsection (c) of section 943 of title 10, 
     United States Code (article 143(c) of the Uniform Code of 
     Military Justice) is amended in paragraph (1), by inserting 
     after the first sentence the following: ``A position of 
     employment under the Court that is provided primarily for the 
     service of one judge of the court, reports directly to the 
     judge, and is a position of a confidential character is 
     excepted from the competitive service.''.
       (2) The caption for such subsection is amended by striking 
     out ``attorney'' in the subsection caption and inserting in 
     lieu thereof ``certain''.

     SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF 
                   STRATEGIC NUCLEAR DELIVERY SYSTEMS.

       (a) Funding Limitation.--Funds available to the Department 
     of Defense may not be obligated or expended during fiscal 
     year 1997 for retiring or dismantling, or for preparing to 
     retire or dismantle, any of the following strategic nuclear 
     delivery systems:
       (1) B-52H bomber aircraft.
       (2) Trident ballistic missile submarines.
       (3) Minuteman III intercontinental ballistic missiles.
       (4) Peacekeeper intercontinental ballistic missiles.
       (b) Waiver Authority.--If the START II Treaty enters into 
     force during fiscal year 1997, the Secretary of Defense may 
     waive the application of the limitation under paragraphs (2), 
     (3), and (4) of subsection (a) to Trident ballistic missile 
     submarines, Minuteman III intercontinental ballistic 
     missiles, and Peacekeeper intercontinental ballistic 
     missiles, respectively, to the extent that the Secretary 
     determines necessary in order to implement the treaty.
       (c) START II Treaty Defined.--In this section, the term 
     ``START II Treaty'' means the Treaty Between the United 
     States of America and the Russian Federation on Further 
     Reduction and Limitation of Strategic Offensive Arms, signed 
     at Moscow on January 3, 1993, including the following 
     protocols and memorandum of understanding, all such documents 
     being integral parts of and collectively referred to as the 
     ``START II Treaty'' (contained in Treaty Document 103-1):
       (1) The Protocol on Procedures Governing Elimination of 
     Heavy ICBMs and on Procedures Governing Conversion of Silo 
     Launchers of Heavy ICBMs Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Elimination and Conversion Protocol'').
       (2) The Protocol on Exhibitions and Inspections of Heavy 
     Bombers Relating to the Treaty Between the United States and 
     the Russian Federation on Further Reduction and Limitation of 
     Strategic Offensive Arms (also known as the ``Exhibitions and 
     Inspections Protocol'').
       (3) The Memorandum of Understanding on Warhead Attribution 
     and Heavy Bomber Data Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Memorandum on Attribution'').

     SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT OF DEFENSE 
                   ORGANIZATIONS.

       (a) North American Aerospace Defense Command.--Section 162 
     of title 10, United States Code, is amended in paragraphs 
     (1), (2), and (3) of subsection (a) by striking out ``North 
     American Air Defense Command'' and inserting in lieu thereof 
     ``North American Aerospace Defense Command''.
       (b) Defense Distribution Center, Anniston.--The Corporation 
     for the Promotion of Rifle Practice and Firearms Safety Act 
     (title XVI of Public Law 104-106; 110 Stat. 515; 36 U.S.C. 
     5501 et seq.) is amended by striking out ``Anniston Army 
     Depot'' each place it appears in the following provisions and 
     inserting in lieu thereof ``Defense Distribution Depot, 
     Anniston'':
       (1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).
       (2) Section 1616(b) (36 U.S.C. 5506(b)).
       (3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).

     SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE ARMED FORCES 
                   TO PERFORM NOTARIAL OR CONSULAR ACTS.

       Section 1044a(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking out ``on active duty or 
     performing inactive-duty for training'' and inserting in lieu 
     thereof ``of the armed forces, including members of reserve 
     components who are judge advocates (whether or not in a duty 
     status)'';
       (2) in paragraph (3), by striking out ``adjutants on active 
     duty or performing inactive-duty training'' and inserting in 
     lieu thereof ``adjutants, including members of reserve 
     components acting as such an adjutant (whether or not in a 
     duty status)''; and
       (3) in paragraph (4), by striking out ``persons on active 
     duty or performing inactive-duty training'' and inserting in 
     lieu thereof ``members of the armed forces, including members 
     of reserve components (whether or not in a duty status),''.

[[Page S6350]]

     SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT 
                   NON-GOVERNMENT FACILITIES.

       (a) Use of Non-Government Facilities.--Section 4105 of 
     title 5, United States Code, is amended--
       (1) by inserting ``and members of a uniformed service under 
     the jurisdiction of the head of the agency'' after 
     ``employees of the agency''; and
       (2) by adding at the end the following: ``For the purposes 
     of this section, the term `agency' includes a military 
     department.''.
       (b) Expenses of Training.--Section 4109 of such title is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking out 
     ``under regulations prescribed under section 4118(a)(8) of 
     this title and'';
       (B) in paragraph (1), by inserting after ``an employee of 
     the agency'' the following: ``, or the pay of a member of a 
     uniformed service within the agency, who is''; and
       (C) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or member of a uniformed service'' after ``reimburse the 
     employee'';
       (ii) in subparagraph (A), by striking out ``commissioned 
     officers of the National Oceanic and Atmospheric 
     Administration'' and inserting in lieu thereof ``a member of 
     a uniformed service''; and
       (iii) in subparagraph (B), by striking out ``commissioned 
     officers of the National Oceanic and Atmospheric 
     Administration'' and inserting in lieu thereof ``a member of 
     a uniformed service''; and
       (2) by adding at the end the following:
       ``(d) In the exercise of authority under subsection (a) 
     with respect to an employee of an agency, the head of the 
     agency shall comply with regulations prescribed under section 
     4118(a)(8) of this title.
       ``(e) For the purposes of this section, the term `agency' 
     includes a military department.''.

     SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR 
                   TORTIOUS INFLICTION OF INJURY OR DISEASE ON 
                   MEMBERS OF THE UNIFORMED SERVICES.

       (a) Recovery of Pay and Allowances.--Section 1 of Public 
     Law 87-693 (42 U.S.C. 2651) is amended--
       (1) in the first sentence of subsection (a)--
       (A) by inserting ``or pay for'' after ``required by law to 
     furnish''; and
       (B) by striking out ``or to be furnished'' each place that 
     phrase appears and inserting in lieu thereof ``, to be 
     furnished, paid for, or to be paid for'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (a), the following new 
     subsections:
       ``(b) If a member of the uniformed services is injured, or 
     contracts a disease, under circumstances creating a tort 
     liability upon a third person (other than or in addition to 
     the United States and except employers of seamen referred to 
     in subsection (a)) for damages for such injury or disease and 
     the member is unable to perform the member's regular military 
     duties as a result of the injury or disease, the United 
     States shall have a right (independent of the rights of the 
     member) to recover from the third person or an insurer of the 
     third person, or both, the amount equal to the total amount 
     of the pay that accrues and is to accrue to the member for 
     the period for which the member is unable to perform such 
     duties as a result of the injury or disease and is not 
     assigned to perform other military duties.
       ``(c)(1) If, pursuant to the laws of a State that are 
     applicable in a case of a member of the uniformed services 
     who is injured or contracts a disease as a result of tortious 
     conduct of a third person, there is in effect for such a case 
     (as a substitute or alternative for compensation for damages 
     through tort liability) a system of compensation or 
     reimbursement for expenses of hospital, medical, surgical, or 
     dental care and treatment or for lost pay pursuant to a 
     policy of insurance, contract, medical or hospital service 
     agreement, or similar arrangement, the United States shall be 
     deemed to be a third-party beneficiary of such a policy, 
     contract, agreement, or arrangement.
       ``(2) For the purposes of paragraph (1)--
       ``(A) the expenses incurred or to be incurred by the United 
     States for care and treatment for an injured or diseased 
     member as described in subsection (a) shall be deemed to have 
     been incurred by the member;
       ``(B) the cost to the United States of the pay of the 
     member as described in subsection (b) shall be deemed to have 
     been pay lost by the member as a result of the injury or 
     disease; and
       ``(C) the United States shall be subrogated to any right or 
     claim that the injured or diseased member or the member's 
     guardian, personal representative, estate, dependents, or 
     survivors have under a policy, contract, agreement, or 
     arrangement referred to in paragraph (1) to the extent of the 
     reasonable value of the care and treatment and the total 
     amount of the pay deemed lost under subparagraph (B).'';
       (4) in subsection (d), as redesignated by paragraph (2), by 
     inserting ``or paid for'' after ``treatment is furnished''; 
     and
       (5) by adding at the end the following:
       ``(f)(1) Any amounts recovered under this section for 
     medical care and related services furnished by a military 
     medical treatment facility or similar military activity shall 
     be credited to the appropriation or appropriations supporting 
     the operation of that facility or activity, as determined 
     under regulations prescribed by the Secretary of Defense.
       ``(2) Any amounts recovered under this section for the cost 
     to the United States of pay of an injured or diseased member 
     of the uniformed services shall be credited to the 
     appropriation that supports the operation of the command, 
     activity, or other unit to which the member was assigned at 
     the time of the injury or illness, as determined under 
     regulations prescribed by the Secretary concerned.
       ``(g) For the purposes of this section:
       ``(A) The term `uniformed services' has the meaning given 
     such term in section 1072(1) of title 10, United States Code.
       ``(B) The term `tortious conduct' includes any tortious 
     omission.
       ``(C) The term `pay', with respect to a member of the 
     uniformed services, means basic pay, special pay, and 
     incentive pay that the member is authorized to receive under 
     title 37, United States Code, or any other law providing pay 
     for service in the uniformed services.
       ``(D) The term `Secretary concerned' means--
       ``(i) the Secretary of Defense, with respect to the Army, 
     the Navy, the Air Force, the Marine Corps, and the Coast 
     Guard (when it is operating as a service in the Navy);
       ``(ii) the Secretary of Transportation, with respect to the 
     Coast Guard when it is not operating as a service in the 
     Navy;
       ``(iii) the Secretary of Health and Human Services, with 
     respect to the Commissioned Corps of the Public Health 
     Service; and
       ``(iv) the Secretary of Commerce, with respect to the 
     Commissioned Corps of the National Oceanic and Atmospheric 
     Administration.''.
       (b) Conforming Amendments.--Section 1 of Public Law 87-693 
     (42 U.S.C. 2651) is amended--
       (1) in the first sentence of subsection (a)--
       (A) by inserting ``(independent of the rights of the 
     injured or diseased person)'' after ``a right to recover''; 
     and
       (B) by inserting ``, or that person's insurer,'' after 
     ``from said third person'';
       (2) in subsection (d), as redesignated by subsection 
     (a)(2)--
       (A) by striking out ``such right,'' and inserting in lieu 
     thereof ``a right under subsections (a), (b), and (c)''; and
       (B) by inserting ``, or the insurance carrier or other 
     entity responsible for the payment or reimbursement of 
     medical expenses or lost pay,'' after ``the third person who 
     is liable for the injury or disease'' each place that it 
     appears.
       (c) Applicability.--The authority to collect pursuant to 
     the amendments made by this section shall apply to expenses 
     described in the first section of Public Law 87-693 (as 
     amended by this section) that are incurred, or are to be 
     incurred, by the United States on or after the date of the 
     enactment of this Act, whether the event from which the claim 
     arises occurred before, on, or after that date.

     SEC. 1067. DISPLAY OF STATE FLAGS AT INSTALLATIONS AND 
                   FACILITIES OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, no funds 
     appropriated or otherwise made available to the Department of 
     Defense may be used to adopt or enforce any rule or other 
     prohibition that discriminates against the display of the 
     official flag of a particular State, territory, or possession 
     of the United States at an official ceremony at any 
     installation or other facility of the Department of Defense 
     at which the official flags of the other States, territories, 
     or possessions of the United States are being displayed.
       (b) Position and Manner of Display.--The display of an 
     official flag referred to in subsection (a) at an 
     installation or other facility of the Department shall be 
     governed by the provisions of section 3 of the Joint 
     Resolution of June 22, 1942 (56 Stat. 378, chapter 435; 36 
     U.S.C. 175), and any modification of such provisions under 
     section 8 of that Joint Resolution (36 U.S.C. 178).

     SEC. 1068. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC 
                   SECURITY STUDIES.

       (a) Authority To Accept Funds, Materials, and Services.--
     (1) The Secretary of Defense may, on behalf of the George C. 
     Marshall European Center for Strategic Security Studies, 
     accept gifts or donations of funds, materials (including 
     research materials), property, and services (including 
     lecture services and faculty services) from foreign 
     governments, foundations and other charitable organizations 
     in foreign countries, and individuals in foreign countries in 
     order to defray the costs of the operation of the Center.
       (2) Funds received by the Secretary under paragraph (1) 
     shall be credited to appropriations available for the 
     Department of Defense for the George C. Marshall European 
     Center for Strategic Security Studies. Funds so credited 
     shall be merged with the appropriations to which credited and 
     shall be available for the Center for the same purposes and 
     same period as the appropriations with which merged.
       (b) Participation of Foreign Nations Otherwise 
     Prohibited.--(1) The Secretary may permit representatives of 
     a foreign government to participate in a program of the 
     George C. Marshall European Center for Strategic Security 
     Studies, notwithstanding any other provision of law that 
     would otherwise prevent representatives of that foreign 
     government from participating in the program. Before doing 
     so, the Secretary shall

[[Page S6351]]

     determine, in consultation with the Secretary of State, that 
     the participation of representatives of that foreign 
     government in the program is in the national interest of the 
     United States.
       (2) Not later than January 31 of each year, the Secretary 
     of Defense shall, with the assistance of the Director of the 
     Center, submit to Congress a report setting forth the foreign 
     governments permitted to participate in programs of the 
     Center during the preceding year under the authority provided 
     in paragraph (1).
       (c) Waiver of Certain Requirements for Board of Visitors.--
     (1) The Secretary may waive the application of any financial 
     disclosure requirement imposed by law to a foreign member of 
     the Board of Visitors of the Center if that requirement would 
     otherwise apply to the member solely by reason of the service 
     as a member of the Board. The authority under the preceding 
     sentence applies only in the case of a foreign member who 
     serves on the Board without compensation.
       (2) Notwithstanding any other provision of law, a member of 
     the Board of Visitors may not be required to register as an 
     agent of a foreign government solely by reason of service as 
     a member of the Board.

     SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN PARTICIPANTS IN THE 
                   DEFENSE OF PEARL HARBOR THE CONGRESSIONAL MEDAL 
                   PREVIOUSLY AUTHORIZED ONLY FOR MILITARY 
                   PARTICIPANTS IN THE DEFENSE OF PEARL HARBOR.

       (a) Authority.--The Speaker of the House of Representatives 
     and the President pro tempore of the Senate are authorized 
     jointly to present, on behalf of Congress, a bronze medal 
     provided for under section 1492 of the National Defense 
     Authorization Act for Fiscal Year 1991 (104 Stat. 1721) to 
     any person who meets the eligibility requirements set forth 
     in subsection (d) of that section other than the requirement 
     for membership in the Armed Forces, as certified under 
     subsection (e) of that section or under subsection (b) of 
     this section.
       (b) Certification.--The Secretary of Defense shall, not 
     later than 12 months after the date of the enactment of this 
     Act, certify to the Speaker of the House of Representatives 
     and the President pro tempore of the Senate the names of 
     persons who are eligible for award of the medal under this 
     Act and have not previously been certified under section 
     1492(e) of the National Defense Authorization Act for Fiscal 
     Year 1991.
       (c) Applications.--Subsections (d)(2) and (f) of section 
     1492 of the National Defense Authorization Act for Fiscal 
     Year 1991 shall apply in the administration of this Act.
       (d) Additional Striking Authority.--The Secretary of the 
     Treasury shall strike such additional medals as may be 
     necessary for presentation under the authority of subsection 
     (a).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated such sum as may be necessary to carry out 
     this section.
       (f) Retroactive Effective Date.--The authority under 
     subsection (a) shall be effective as of November 5, 1990.

     SEC. 1070. MICHAEL O'CALLAGHAN FEDERAL HOSPITAL, LAS VEGAS, 
                   NEVADA.

       (a) Findings.--Congress makes the following findings:
       (1) Michael O'Callaghan, former Governor of the State of 
     Nevada, served in three branches of the Armed Forces of the 
     United States, namely, the Army, the Air Force, and the 
     Marine Corps.
       (2) At 16 years of age, Michael O'Callaghan enlisted in the 
     United States Marine Corps to serve during the end of World 
     War II.
       (3) During the Korean conflict, Michael O'Callaghan served 
     successively in the Air Force and the Army and, during such 
     service, suffered wounds in combat that necessitated the 
     amputation of his left leg.
       (4) Michael O'Callaghan was awarded the Silver Star, the 
     Bronze Star with Valor Device, and the Purple Heart for his 
     military service.
       (5) In 1963, Michael O'Callaghan became the first director 
     of the Health and Welfare Department of the State of Nevada.
       (6) In 1970, Michael O'Callaghan became Governor of the 
     State of Nevada and served in that position through 1978, 
     making him one of only five two-term governors in the history 
     of the State of Nevada.
       (7) In 1982, Michael O'Callaghan received the Air Force 
     Exceptional Service Award.
       (8) It is appropriate to name the Nellis Federal Hospital, 
     Las Vegas, Nevada, a hospital operated jointly by the 
     Department of Defense, through Nellis Air Force Base, and the 
     Department of Veterans Affairs, through the Las Vegas 
     Veterans Affairs Outpatient Clinic, after Michael 
     O'Callaghan, a man who (A) has served his country with honor 
     in three branches of the Armed Forces, (B) as a disabled 
     veteran knows personally the tragic sacrifices that are so 
     often made in the service of his country in the Armed Forces, 
     and (C) has spent his entire career working to improve the 
     lives of all Nevadans.
       (b) Designation of Michael O'Callaghan Federal Hospital.--
     The Nellis Federal Hospital, a Federal building located at 
     4700 North Las Vegas Boulevard, Las Vegas, Nevada, is 
     designated as the ``Michael O'Callaghan Federal Hospital''.
       (c) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal building referred to in subsection (b) shall be 
     deemed to be a reference to the ``Michael O'Callaghan Federal 
     Hospital''.

     SEC. 1071. NAMING OF BUILDING AT THE UNIFORMED SERVICES 
                   UNIVERSITY OF THE HEALTH SCIENCES.

       It is the sense of the Senate that the Secretary of Defense 
     should name Building A at the Uniformed Services University 
     of the Health Sciences as the ``David Packard Building''.
           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
         Subtitle A--Personnel Management, Pay, and Allowances

     SEC. 1101. SCOPE OF REQUIREMENT FOR CONVERSION OF MILITARY 
                   POSITIONS TO CIVILIAN POSITIONS.

       Section 1032(a) of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 429; 10 
     U.S.C. 129a note) is amended--
       (1) by striking out the text of paragraph (1) and inserting 
     in lieu thereof the following: ``By September 30, 1996, the 
     Secretary of Defense shall convert at least 3,000 military 
     positions to civilian positions.'';
       (2) by striking out paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).

     SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT 
                   MILITARY TRAINING BASES TRANSFERRED TO NATIONAL 
                   GUARD.

       (a) Military Training Installations Affected.--This section 
     applies with respect to each military training installation 
     that--
       (1) was approved for closure in 1995 under the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note);
       (2) is scheduled for transfer 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 may retain civilian employee 
     positions of the Department of Defense at the installation 
     after transfer to the National Guard of a State in order to 
     facilitate active and reserve component training at the 
     installation. The Secretary, in consultation with the 
     Adjutant General of the National Guard of that State, shall 
     determine the extent to which positions at that installation 
     are to be retained as positions in the Department of Defense.
       (c) Maximum Number of Positions Retained.--The maximum 
     number of civilian employee positions retained at an 
     installation under this section shall not exceed 20 percent 
     of the Federal civilian workforce employed at the 
     installation as of September 8, 1995.
       (d) Removal of Position.--The decision to retain civilian 
     employee positions at an installation under this section 
     shall cease to apply to a position so retained on the date on 
     which the Secretary certifies to Congress that it is no 
     longer necessary to retain the position in order to ensure 
     that effective support is provided at the installation for 
     active and reserve component training.

     SEC. 1103. CLARIFICATION OF LIMITATION ON FURNISHING CLOTHING 
                   OR PAYING A UNIFORM ALLOWANCE TO ENLISTED 
                   NATIONAL GUARD TECHNICIANS.

       Section 418(c) of title 37, United States Code, is amended 
     by striking out ``for which a uniform allowance is paid under 
     section 415 or 416 of this title'' and inserting in lieu 
     thereof ``for which clothing is furnished or a uniform 
     allowance is paid under this section''.

     SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE FOR CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE ABROAD.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599b. Employees abroad: travel expenses; health care

       ``(a) In General.--The Secretary of Defense may provide 
     civilian employees, and members of their families, abroad 
     with benefits that are comparable to certain benefits that 
     are provided by the Secretary of State to members of the 
     Foreign Service and their families abroad as described in 
     subsections (b) and (c). The Secretary may designate the 
     employees and members of families who are eligible to receive 
     the benefits.
       ``(b) Travel and Related Expenses.--The Secretary of 
     Defense may pay travel expenses and related expenses for 
     purposes and in amounts that are comparable to the purposes 
     for which, and the amounts in which, travel and related 
     expenses are paid by the Secretary of State under section 901 
     of the Foreign Service Act of 1980 (22 U.S.C. 4081).
       ``(c) Health Care Program.--The Secretary of Defense may 
     establish a health care program that is comparable to the 
     health care program established by the Secretary of State 
     under section 904 of that Act (22 U.S.C. 4084).
       ``(d) Assistance.--The Secretary of Defense may enter into 
     agreements with the heads of other departments and agencies 
     of the Federal Government in order to facilitate the payment 
     of expenses authorized by subsection (b) and to carry out a 
     health care program authorized by subsection (c).
       ``(e) Abroad Defined.--In this section, the term `abroad' 
     means outside--
       ``(1) the United States; and
       ``(2) the territories and possessions of the United 
     States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is

[[Page S6352]]

     amended by inserting after the item relating to section 1599a 
     the following new item:

``1599b. Employees abroad: travel expenses; health care.''.

     SEC. 1105. TRAVEL, TRANSPORTATION, AND RELOCATION ALLOWANCES 
                   FOR CERTAIN FORMER NONAPPROPRIATED FUND 
                   EMPLOYEES.

       (a) In General.--(1) Subchapter II of chapter 57 of title 
     5, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 5736. Travel, transportation, and relocation expenses 
       of certain nonappropriated fund employees

       ``An employee of a nonappropriated fund instrumentality of 
     the Department of Defense or the Coast Guard described in 
     section 2105(c) of this title who moves, without a break in 
     service of more than 3 days, to a position in the Department 
     of Defense or the Coast Guard, respectively, may be 
     authorized travel, transportation, and relocation expenses 
     and allowances under the same conditions and to the same 
     extent authorized by this subchapter for transferred 
     employees.''.
       (2) The table of sections at the beginning of chapter 57 of 
     such title is amended by inserting after the item relating to 
     section 5735 the following new item:

``5736. Travel, transportation, and relocation expenses of certain 
              nonappropriated fund employees.''.

       (b) Applicability.--Section 5736 of title 5, United States 
     Code (as added by subsection (a)(1)), shall apply to moves 
     between positions as described in such section that are 
     effective on or after October 1, 1996.

     SEC. 1106. EMPLOYMENT AND SALARY PRACTICES APPLICABLE TO 
                   DEPARTMENT OF DEFENSE OVERSEAS TEACHERS.

       (a) Expansion of Scope of Educators Covered.--Section 2 of 
     the Defense Department Overseas Teachers Pay and Personnel 
     Practices Act (20 U.S.C. 901) is amended--
       (1) in subparagraph (A) of paragraph (1), by inserting ``, 
     or are performed by an individual who carried out certain 
     teaching activities identified in regulations prescribed by 
     the Secretary of Defense'' after ``Defense,''; and
       (2) by striking out subparagraph (C) of paragraph (2) and 
     inserting in lieu thereof the following:
       ``(C) who is employed in a teaching position described in 
     paragraph (1).''.
       (b) Transfer of Responsibility for Employment and Salary 
     Practices.--Section 5 of such Act (20 U.S.C. 903) is 
     amended--
       (1) in subsection (a)--
       (A) by striking out ``secretary of each military department 
     in the Department of Defense'' and inserting in lieu thereof 
     ``Secretary of Defense''; and
       (B) by striking out ``his military department'' and 
     inserting in lieu thereof ``the Department of Defense'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking out 
     ``secretary of each military department--'' and inserting in 
     lieu thereof ``Secretary of Defense--''; and
       (B) in paragraph (1), by striking out ``his military 
     department,'' and inserting in lieu thereof ``the Department 
     of Defense'';
       (3) in subsection (c)--
       (A) by striking out ``Secretary of each military 
     department'' and inserting in lieu thereof ``Secretary of 
     Defense''; and
       (B) by striking out ``his military department'' and 
     inserting in lieu thereof ``the Department of Defense''; and
       (4) in subsection (d), by striking out ``Secretary of each 
     military department'' and inserting in lieu thereof 
     ``Secretary of Defense''.

     SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY 
                   MEMBERS AT CERTAIN DEPARTMENT OF DEFENSE 
                   SCHOOLS.

       (a) Faculties.--Section 1595(c) of title 10, United States 
     Code, is amended by inserting after paragraph (3) the 
     following new paragraph (4):
       ``(4) The English Language Center of the Defense Language 
     Institute.
       ``(5) The Asia-Pacific Center for Security Studies.''.
       (b) Certain Administrators.--Such section 1595 is amended 
     by adding at the end the following:
       ``(f) Application to Director and Deputy Director at Asia-
     Pacific Center for Security Studies.--In the case of the 
     Asia-Pacific Center for Security Studies, this section also 
     applies with respect to the Director and the Deputy 
     Director.''.

     SEC. 1108. REIMBURSEMENT OF DEPARTMENT OF DEFENSE DOMESTIC 
                   DEPENDENT SCHOOL BOARD MEMBERS FOR CERTAIN 
                   EXPENSES.

       Section 2164(d) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(7) The Secretary may provide for reimbursement of a 
     school board member for expenses incurred by the member for 
     travel, transportation, program fees, and activity fees that 
     the Secretary determines are reasonable and necessary for the 
     performance of school board duties by the member.''.

     SEC. 1109. EXTENSION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF 
                   DEPARTMENT OF DEFENSE TO PARTICIPATE 
                   VOLUNTARILY IN REDUCTIONS IN FORCE.

       Section 3502(f)(5) of title 5, United States Code, is 
     amended by striking out ``September 30, 1996'' and inserting 
     in lieu thereof ``September 30, 2001''.

     SEC. 1110. COMPENSATORY TIME OFF FOR OVERTIME WORK PERFORMED 
                   BY WAGE-BOARD EMPLOYEES.

       Section 5543 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(c) The head of an agency may, on request of an employee, 
     grant the employee compensatory time off from the employee's 
     scheduled tour of duty instead of payment under section 5544 
     of this title or section 7 of the Fair Labor Standards Act of 
     1938 for an equal amount of time spent in irregular or 
     occasional overtime work.''.

     SEC. 1111. LIQUIDATION OF RESTORED ANNUAL LEAVE THAT REMAINS 
                   UNUSED UPON TRANSFER OF EMPLOYEE FROM 
                   INSTALLATION BEING CLOSED OR REALIGNED.

       (a) Lump-Sum Payment Required.--Section 5551 of title 5, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c)(1) Annual leave that is restored to an employee of 
     the Department of Defense under section 6304(d) of this title 
     by reason of the operation of paragraph (3) of such section 
     and remains unused upon the transfer of the employee to a 
     position described in paragraph (2) shall be liquidated by 
     payment of a lump-sum for such leave to the employee upon the 
     transfer.
       ``(2) A position referred to in paragraph (1) is a position 
     in a department or agency of the Federal Government outside 
     the Department of Defense or a Department of Defense position 
     that is not located at a Department of Defense installation 
     being closed or realigned as described in section 6304(d)(3) 
     of this title.''.
       (b) Applicability.--Subsection (c) of section 5551 of title 
     5, United States Code (as added by subsection (a)), shall 
     apply with respect to transfers described in such subsection 
     (c) that take effect on or after the date of the enactment of 
     this Act.

     SEC. 1112. WAIVER OF REQUIREMENT FOR REPAYMENT OF VOLUNTARY 
                   SEPARATION INCENTIVE PAY BY FORMER DEPARTMENT 
                   OF DEFENSE EMPLOYEES REEMPLOYED BY THE 
                   GOVERNMENT WITHOUT PAY.

       Section 5597(g) of title 5, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) If the employment is without compensation, the 
     appointing official may waive the repayment.''.

     SEC. 1113. FEDERAL HOLIDAY OBSERVANCE RULES FOR DEPARTMENT OF 
                   DEFENSE EMPLOYEES.

       (a) Holidays Occurring on Nonworkdays.--Section 6103(b) of 
     title 5, United States Code, is amended by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) In the case of a full-time employee of the Department 
     of Defense, the following rules apply:
       ``(A) When a legal public holiday occurs on a Sunday that 
     is not a regular weekly workday for an employee, the 
     employee's next workday is the legal public holiday for the 
     employee.
       ``(B) When a legal public holiday occurs on a regular 
     weekly nonworkday that is administratively scheduled for an 
     employee instead of Sunday, the employee's next workday is 
     the legal public holiday for the employee.
       ``(C) When a legal public holiday occurs on an employee's 
     regular weekly nonworkday immediately following a regular 
     weekly nonworkday that is administratively scheduled for the 
     employee instead of Sunday, the employee's next workday is 
     the legal public holiday for the employee.
       ``(D) When a legal public holiday occurs on an employee's 
     regular weekly nonworkday that is not a nonworkday referred 
     to in subparagraph (A), (B), or (C), the employee's preceding 
     workday is the legal public holiday for the employee.
       ``(E) The Secretary concerned (as defined in section 101(a) 
     of title 10) may schedule a legal public holiday for an 
     employee to be on a different day than the one that would 
     otherwise apply for the employee under subparagraph (A), (B), 
     (C), or (D).
       ``(F) If a legal public holiday for an employee would be 
     different under paragraph (1) or (2) than the day determined 
     under this paragraph, the legal public holiday for the 
     employee shall be the day that is determined under this 
     paragraph.''.
       (b) Technical and Conforming Amendments.--Section 6103(b) 
     of such title, as amended by subsection (a), is further 
     amended--
       (1) in paragraph (1), by striking out ``legal public 
     holiday for--'' and all that follows through the period and 
     inserting in lieu thereof ``legal public holiday for 
     employees whose basic workweek is Monday through Friday.''; 
     and
       (2) in the matter following paragraph (3), by striking out 
     ``This subsection, except subparagraph (B) of paragraph 
     (1),'' and inserting in lieu thereof ``Paragraphs (1) and 
     (2)''.

     SEC. 1114. REVISION OF CERTAIN TRAVEL MANAGEMENT AUTHORITIES.

       (a) Repeal of Requirements Relating to Fire-Safe 
     Accommodations.--(1) Section 5707 of title 5, United States 
     Code, is amended by striking out subsection (d).
       (2) Subsection (b) of section 5 of the Hotel and Motel Fire 
     Safety Act of 1990 (Public Law 101-391; 104 Stat. 751; 5 
     U.S.C. 5707 note) is repealed.
       (b) Use of Funds for Long-Distance Charges.--Subsection (b) 
     of section 1348 of title 31, United States Code, is amended 
     to read as follows:
       ``(b) Appropriations of an agency are available to pay 
     charges assessed by commercial

[[Page S6353]]

     telecommunications carriers for long-distance telephone 
     services provided to individuals travelling on official 
     business of the agency if charges for such services are 
     included in a travel expense report and approved by the 
     official of the agency responsible for approving travel 
     expense reports.''.
       (c) Repeal of Prohibition on Payment of Lodging Expenses of 
     Department of Defense Employees and Other Civilians When 
     Adequate Government Quarters Are Available.--(1) Section 1589 
     of title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 81 of 
     such title is amended by striking out the item relating to 
     such section.
 Subtitle B--Defense Economic Adjustment, Diversification, Conversion, 
                           and Stabilization

     SEC. 1121. PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO 
                   CONTRACTOR EMPLOYEES DUE TO PRIVATIZATION AT 
                   CLOSED MILITARY INSTALLATIONS.

       (a) Pilot Programs Authorized.--(1) The Secretary of 
     Defense, after consultation with the Secretary of the Navy, 
     the Secretary of the Air Force, and the Director of the 
     Office of Personnel Management, may establish a pilot program 
     under which Federal retirement benefits are provided in 
     accordance with this section to persons who convert from 
     Federal employment in the Department of the Navy or the 
     Department of the Air Force to employment by a Department of 
     Defense contractor in connection with the privatization of 
     the performance of functions at selected military 
     installations being closed under the base closure and 
     realignment process.
       (2) The Secretary of Defense shall select the installations 
     to be covered by a pilot program under this section.
       (b) Eligible Transferred Employees.--(1) A person is a 
     transferred employee eligible for benefits under this section 
     if the person is a former employee of the Department of 
     Defense (other than a temporary employee) who--
       (A) while employed by the Department of Defense in a 
     function recommended to be privatized as part of the closure 
     and realignment of military installations pursuant to section 
     2903(e) of the Defense Base Closure and Realignment Act of 
     1990 (title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and while covered under the Civil Service Retirement System, 
     separated from Federal service after being notified that the 
     employee would be separated in a reduction-in-force resulting 
     from conversion from performance of a function by Department 
     of Defense employees at that military installation to 
     performance of that function by a defense contractor at that 
     installation or in the vicinity of that installation;
       (B) is employed by the defense contractor within 60 days 
     following such separation to perform substantially the same 
     function performed before the separation;
       (C) remains employed by the defense contractor (or a 
     successor defense contractor) or subcontractor of the defense 
     contractor (or successor defense contractor) until attaining 
     early deferred retirement age (unless the employment is 
     sooner involuntarily terminated for reasons other than 
     performance or conduct of the employee);
       (D) at the time separated from Federal service, was not 
     eligible for an immediate annuity under the Civil Service 
     Retirement System; and
       (E) does not withdraw retirement contributions under 
     section 8342 of title 5, United States Code.
       (2) A person who, under paragraph (1), would otherwise be 
     eligible for an early deferred annuity under this section 
     shall not be eligible for such benefits if the person 
     received separation pay or severance pay due to a separation 
     described in subparagraph (A) of that paragraph unless the 
     person repays the full amount of such pay with interest 
     (computed at a rate determined appropriate by the Director of 
     the Office of Personnel Management) to the Department of 
     Defense before attaining early deferred retirement age.
       (c) Retirement Benefits of Transferred Employees.--In the 
     case of a transferred employee covered by a pilot program 
     under this section, payment of a deferred annuity for which 
     the transferred employee is eligible under section 8338(a) of 
     title 5, United States Code, shall commence on the first day 
     of the first month that begins after the date on which the 
     transferred employee attains early deferred retirement age, 
     notwithstanding the age requirement under that section.
       (d) Computation of Average Pay.--(1)(A) This paragraph 
     applies to a transferred employee who was employed in a 
     position classified under the General Schedule immediately 
     before the employee's covered separation from Federal 
     service.
       (B) Subject to subparagraph (C), for purposes of computing 
     the deferred annuity for a transferred employee referred to 
     in subparagraph (A), the average pay of the transferred 
     employee, computed under section 8331(4) of title 5, United 
     States Code, as of the date of the employee's covered 
     separation from Federal service, shall be adjusted at the 
     same time and by the same percentage that rates of basic pay 
     are increased under section 5303 of such title during the 
     period beginning on that date and ending on the date on which 
     the transferred employee attains early deferred retirement 
     age.
       (C) The average pay of a transferred employee, as adjusted 
     under subparagraph (B), may not exceed the amount to which an 
     annuity of the transferred employee could be increased under 
     section 8340 of title 5, United States Code, in accordance 
     with the limitation in subsection (g)(1) of such section 
     (relating to maximum pay, final pay, or average pay).
       (2)(A) This paragraph applies to a transferred employee who 
     was a prevailing rate employee (as defined under section 
     5342(2) of title 5, United States Code) immediately before 
     the employee's covered separation from Federal service.
       (B) For purposes of computing the deferred annuity for a 
     transferred employee referred to in subparagraph (A), the 
     average pay of the transferred employee, computed under 
     section 8331(4) of title 5, United States Code, as of the 
     date of the employee's covered separation from Federal 
     service, shall be adjusted at the same time and by the same 
     percentage that pay rates for positions that are in the same 
     area as, and are comparable to, the last position the 
     transferred employee held as a prevailing rate employee, are 
     increased under section 5343(a) of such title during the 
     period beginning on that date and ending on the date on which 
     the transferred employee attains early deferred retirement 
     age.
       (e) Payment of Unfunded Liability.--(1) The military 
     department concerned shall be liable for that portion of any 
     estimated increase in the unfunded liability of the Civil 
     Service Retirement and Disability Fund established under 
     section 8348 of title 5, United States Code, which is 
     attributable to any benefits payable from such Fund to a 
     transferred employee, and any survivor of a transferred 
     employee, when the increase results from--
       (A) an increase in the average pay of the transferred 
     employee under subsection (d) upon which such benefits are 
     computed; and
       (B) the commencement of an early deferred annuity in 
     accordance with this section before the attainment of 62 
     years of age by the transferred employee.
       (2) The estimated increase in the unfunded liability for 
     each department referred to in paragraph (1), shall be 
     determined by the Director of the Office of Personnel 
     Management. In making the determination, the Director shall 
     consider any savings to the Fund as a result of the program 
     established under this section. The Secretary of the military 
     department concerned shall pay the amount so determined to 
     the Director in 10 equal annual installments with interest 
     computed at the rate used in the most recent valuation of the 
     Civil Service Retirement System, with the first payment 
     thereof due at the end of the fiscal year in which an 
     increase in average pay under subsection (d) becomes 
     effective.
       (f) Contractor Service Not Creditable.--Service performed 
     by a transferred employee for a defense contractor after the 
     employee's covered separation from Federal service is not 
     creditable service for purposes of subchapter III of chapter 
     83 of title 5, United States Code.
       (g) Receipt of Benefits While Employed by a Defense 
     Contractor.--A transferred employee may commence receipt of 
     an early deferred annuity in accordance with this section 
     while continuing to work for a defense contractor.
       (h) Lump-Sum Credit Payment.--If a transferred employee 
     dies before attaining early deferred retirement age, such 
     employee shall be treated as a former employee who dies not 
     retired for purposes of payment of the lump-sum credit under 
     section 8342(d) of title 5, United States Code.
       (i) Continued Federal Health Benefits Coverage.--
     Notwithstanding section 5905a(e)(1)(A) of title 5, United 
     States Code, the continued coverage of a transferred employee 
     for health benefits under chapter 89 of such title by reason 
     of the application of section 8905a of such title to such 
     employee shall terminate 90 days after the date of the 
     employee's covered separation from Federal employment. For 
     the purposes of the preceding sentence, a person who, except 
     for subsection (b)(2), would be a transferred employee shall 
     be considered a transferred employee.
       (j) Report by GAO.--The Comptroller General of the United 
     States shall conduct a study of each pilot program, if any, 
     established under this section and submit a report on the 
     pilot program to Congress not later than two years after the 
     date on which the program is established. The report shall 
     contain the following:
       (1) A review and evaluation of the program, including--
       (A) an evaluation of the success of the privatization 
     outcomes of the program;
       (B) a comparison and evaluation of such privatization 
     outcomes with the privatization outcomes with respect to 
     facilities at other military installations closed or 
     realigned under the base closure laws;
       (C) an evaluation of the impact of the program on the 
     Federal workforce and whether the program results in the 
     maintenance of a skilled workforce for defense contractors at 
     an acceptable cost to the military department concerned; and
       (D) an assessment of the extent to which the pilot program 
     is a cost-effective means of facilitating privatization of 
     the performance of Federal activities.
       (2) Recommendations relating to the expansion of the 
     program to other installations and employees.
       (3) Any other recommendation relating to the program.
       (k) Implementing Regulations.--Not later than 30 days after 
     the Secretary of Defense notifies the Director of the Office 
     of Personnel Management of a decision to establish a

[[Page S6354]]

     pilot program under this section, the Director shall 
     prescribe regulations to carry out the provisions of this 
     section with respect to that pilot program. Before 
     prescribing the regulations, the Director shall consult with 
     the Secretary.
       (l) Definitions.--In this section:
       (1) The term ``transferred employee'' means a person who, 
     pursuant to subsection (b), is eligible for benefits under 
     this section.
       (2) The term ``covered separation from Federal service'' 
     means a separation from Federal service as described under 
     subsection (b)(1)(A).
       (3) The term ``Civil Service Retirement System'' means the 
     retirement system under subchapter III of chapter 83 of title 
     5, United States Code.
       (4) The term ``defense contractor'' means any entity that--
       (A) contracts with the Department of Defense to perform a 
     function previously performed by Department of Defense 
     employees;
       (B) performs that function at the same installation at 
     which such function was previously performed by Department of 
     Defense employees or in the vicinity of that installation; 
     and
       (C) is the employer of one or more transferred employees.
       (5) The term ``early deferred retirement age'' means the 
     first age at which a transferred employee would have been 
     eligible for immediate retirement under subsection (a) or (b) 
     of section 8336 of title 5, United States Code, if such 
     transferred employee had remained an employee within the 
     meaning of section 8331(1) of such title continuously until 
     attaining such age.
       (6) The term ``severance pay'' means severance pay payable 
     under section 5595 of title 5, United States Code.
       (7) The term ``separation pay'' means separation pay 
     payable under section 5597 of title 5, United States Code.
       (m) Effective Date.--This section shall take effect on 
     August 1, 1996, and shall apply to covered separations from 
     Federal service on or after that date.

     SEC. 1122. TROOPS-TO-TEACHERS PROGRAM IMPROVEMENTS APPLIED TO 
                   CIVILIAN PERSONNEL.

       (a) Separated Civilian Employees of the Department of 
     Defense.--(1) Subsection (a) of section 1598 of title 10, 
     United States Code, is amended by striking out ``may 
     establish'' and inserting in lieu thereof ``shall 
     establish''.
       (2) Subsection (d)(2) of such section is amended by 
     striking out ``five school years'' in subparagraphs (A) and 
     (B) and inserting in lieu thereof ``two school years''.
       (b) Displaced Department of Defense Contractor Employees.--
     Section 2410j(f)(2) of such title is amended by striking out 
     ``five school years'' in subparagraphs (A) and (B) and 
     inserting in lieu thereof ``two school years''.
       (c) Savings Provision.--The amendments made by this section 
     do not effect obligations under agreements entered into in 
     accordance with section 1598 or 2410j of title 10, United 
     States Code, before the date of the enactment of this Act.
      TITLE XII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION

     SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHARTER.

       The Fleet Reserve Association, a nonprofit corporation 
     organized under the laws of the State of Delaware, is 
     recognized as such and granted a Federal charter.

     SEC. 1202. POWERS.

       The Fleet Reserve Association (in this title referred to as 
     the ``association'') shall have only those powers granted to 
     it through its bylaws and articles of incorporation filed in 
     the State in which it is incorporated and subject to the laws 
     of such State.

     SEC. 1203. PURPOSES.

       The purposes of the association are those provided in its 
     bylaws and articles of incorporation and shall include the 
     following:
       (1) Upholding and defending the Constitution of the United 
     States.
       (2) Aiding and maintaining an adequate naval defense for 
     the United States.
       (3) Assisting the recruitment of the best personnel 
     available for the United States Navy, United States Marine 
     Corps, and United States Coast Guard.
       (4) Providing for the welfare of the personnel who serve in 
     the United States Navy, United States Marine Corps, and 
     United States Coast Guard.
       (5) Continuing to serve loyally the United States Navy, 
     United States Marine Corps, and United States Coast Guard.
       (6) Preserving the spirit of shipmanship by providing 
     assistance to shipmates and their families.
       (7) Instilling love of the United States and the flag and 
     promoting soundness of mind and body in the youth of the 
     United States.

     SEC. 1204. SERVICE OF PROCESS.

       With respect to service of process, the association shall 
     comply with the laws of the State in which it is incorporated 
     and those States in which it carries on its activities in 
     furtherance of its corporate purposes.

     SEC. 1205. MEMBERSHIP.

       Except as provided in section 1208(g), eligibility for 
     membership in the association and the rights and privileges 
     of members shall be as provided in the bylaws and articles of 
     incorporation of the association.

     SEC. 1206. BOARD OF DIRECTORS.

       Except as provided in section 1208(g), the composition of 
     the board of directors of the association and the 
     responsibilities of the board shall be as provided in the 
     bylaws and articles of incorporation of the association and 
     in conformity with the laws of the State in which it is 
     incorporated.

     SEC. 1207. OFFICERS.

       Except as provided in section 1208(g), the positions of 
     officers of the association and the election of members to 
     such officers shall be as provided in the bylaws and articles 
     of incorporation of the association and in conformity with 
     the laws of the State in which it is incorporated.

     SEC. 1208. RESTRICTIONS.

       (a) Income and Compensation.--No part of the income or 
     assets of the association may inure to the benefit of any 
     member, officer, or director of the association or be 
     distributed to any such individual during the life of this 
     charter. Nothing in this subsection may be construed to 
     prevent the payment of reasonable compensation to the 
     officers and employees of the association or reimbursement 
     for actual and necessary expenses in amounts approved by the 
     board of directors.
       (b) Loans.--The association may not make any loan to any 
     member, officer, director, or employee of the association.
       (c) Issuance of Stock and Payment of Dividends.--The 
     association may not issue any shares of stock or declare or 
     pay any dividend.
       (d) Federal Approval.--The association may not claim the 
     approval of the Congress or the authorization of the Federal 
     Government for any of its activities by virtue of this title.
       (e) Corporate Status.--The association shall maintain its 
     status as a corporation organized and incorporated under the 
     laws of the State of Delaware.
       (f) Corporate Function.--The association shall function as 
     an educational, patriotic, civic, historical, and research 
     organization under the laws of the State in which it is 
     incorporated.
       (g) Nondiscrimination.--In establishing the conditions of 
     membership in the association and in determining the 
     requirements for serving on the board of directors or as an 
     officer of the association, the association may not 
     discriminate on the basis of race, color, religion, sex, 
     handicap, age, or national origin.

     SEC. 1209. LIABILITY.

       The association shall be liable for the acts of its 
     officers, directors, employees, and agents whenever such 
     individuals act within the scope of their authority.

     SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.

       (a) Books and Records of Account.--The association shall 
     keep correct and complete books and records of account and 
     minutes of any proceeding of the association involving any of 
     its members, the board of directors, or any committee having 
     authority under the board of directors.
       (b) Names and Addresses of Members.--The association shall 
     keep at its principal office a record of the names and 
     addresses of all members having the right to vote in any 
     proceeding of the association.
       (c) Right to Inspect Books and Records.--All books and 
     records of the association may be inspected by any member 
     having the right to vote in any proceeding of the 
     association, or by any agent or attorney of such member, for 
     any proper purpose at any reasonable time.
       (d) Application of State Law.--This section may not be 
     construed to contravene any applicable State law.

     SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

       The first section of the Act entitled ``An Act to provide 
     for audit of accounts of private corporations established 
     under Federal law'', approved August 30, 1964 (36 U.S.C. 
     1101), is amended by adding at the end the following:
       ``(77) Fleet Reserve Association.''.

     SEC. 1212. ANNUAL REPORT.

       The association shall annually submit to Congress a report 
     concerning the activities of the association during the 
     preceding fiscal year. The annual report shall be submitted 
     on the same date as the report of the audit required by 
     reason of the amendment made in section 1211. The annual 
     report shall not be printed as a public document.

     SEC. 1213. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.

       The right to alter, amend, or repeal this title is 
     expressly reserved to Congress.

     SEC. 1214. TAX-EXEMPT STATUS.

       The association shall maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986.

     SEC. 1215. TERMINATION.

       The charter granted in this title shall expire if the 
     association fails to comply with any of the provisions of 
     this title.

     SEC. 1216. DEFINITION.

       For purposes of this title, the term ``State'' means any of 
     the several States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, the Republic of the Marshall Islands, the 
     Federated States Of Micronesia, the Republic of Palau, and 
     any other territory or possession of the United States.
            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 1997''.

[[Page S6355]]

                            TITLE XXI--ARMY

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


                     Army: Inside the United States                     
------------------------------------------------------------------------
            State               Installation or location       Total    
------------------------------------------------------------------------
Alabama......................  Fort Rucker..............      $3,250,000
California...................  Camp Roberts.............      $5,500,000
                               Naval Weapons Station,        $27,000,000
                                Concord.                                
Colorado.....................  Fort Carson..............     $13,000,000
District of Columbia.........  Fort McNair..............      $6,900,000
Georgia......................  Fort Benning.............     $53,400,000
                               Fort McPherson...........      $3,500,000
                               Fort Stewart.............      $6,000,000
Hawaii.......................  Schofield Barracks.......     $16,500,000
Kansas.......................  Fort Riley...............     $29,350,000
Kentucky.....................  Fort Campbell............     $61,000,000
                               Fort Knox................     $13,000,000
Louisiana....................  Fort Polk................      $4,800,000
New York.....................  Fort Drum................      $6,500,000
Texas........................  Fort Hood................     $40,900,000
                               Fort Sam Houston.........      $3,100,000
Virginia.....................  Fort Eustis..............      $3,550,000
Washington...................  Fort Lewis...............     $54,600,000
CONUS Classified.............  Classified Locations.....      $4,600,000
                                                         ---------------
                                 Total:.................    $356,450,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(2), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     locations outside the United States, and in the amounts, set 
     forth in the following table:


                     Army: Outside the United States                    
------------------------------------------------------------------------
                                     Installation or                    
            Country                      location              Total    
------------------------------------------------------------------------
Germany........................  Spinellii Barracks,          $8,100,000
                                  Mannheim.                             
                                 Taylor Barracks,             $9,300,000
                                  Mannheim.                             
Italy..........................  Camp Ederle............      $3,100,000
Korea..........................  Camp Casey.............     $16,000,000
                                 Camp Red Cloud.........     $14,000,000
Overseas Classified............  Classified Locations...     $64,000,000
Worldwide......................  Host Nation Support....     $20,000,000
                                                         ---------------
                                   Total:...............    $134,500,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(5)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition) at the installations, for the purposes, and in 
     the amounts set forth in the following table:


                                              Army: Family Housing                                              
----------------------------------------------------------------------------------------------------------------
                 State                         Installation                   Purpose                  Total    
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Schofield Barracks.......  54 Units.....................     $10,000,000
North Carolina........................  Fort Bragg...............  88 Units.....................      $9,800,000
Texas.................................  Fort Hood................  140 Units....................     $18,500,000
                                                                                                 ---------------
                                                                     Total:.....................     $38,300,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $4,083,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in sections 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $109,750,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     1996, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $1,894,297,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $356,450,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $134,500,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $7,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $31,748,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $152,133,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $1,212,466,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).
                            TITLE XXII--NAVY

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2205(a)(1), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


[[Page S6356]]



                     Navy: Inside the United States                     
------------------------------------------------------------------------
                                     Installation or                    
             State                       location             Amount    
------------------------------------------------------------------------
Arizona........................  Navy Detachment, Camp        $3,920,000
                                  Navajo.                               
California.....................  Marine Corps Air-Ground      $4,020,000
                                  Combat Center,                        
                                  Twentynine Palms.                     
                                 Marine Corps Air             $6,240,000
                                  Station, Camp                         
                                  Pendleton.                            
                                 Marine Corps Base, Camp     $51,630,000
                                  Pendleton.                            
                                 Marine Corps Recruit         $8,150,000
                                  Depot, San Diego.                     
                                 Naval Air Station,          $76,872,000
                                  North Island.                         
                                 Naval Facility, San         $17,000,000
                                  Clemente Island.                      
                                 Naval Station, San           $7,050,000
                                  Diego.                                
                                 Naval Command Control &      $1,960,000
                                  Ocean Surveillance                    
                                  Center, San Diego.                    
Connecticut....................  Naval Submarine Base,       $13,830,000
                                  New London.                           
District of Columbia...........  Naval District,             $19,300,000
                                  Commandant, Washington.               
Florida........................  Naval Air Station, Key       $2,250,000
                                  West.                                 
Hawaii.........................  Naval Station, Pearl        $19,600,000
                                  Harbor.                               
                                 Naval Submarine Base,       $35,890,000
                                  Pearl Harbor.                         
Idaho..........................  Naval Surface Warfare        $7,150,000
                                  Center, Bayview.                      
Illinois.......................  Naval Training Center,      $22,900,000
                                  Great Lakes.                          
Maryland.......................  Naval Air Warfare            $1,270,000
                                  Center, Patuxent River.               
                                 United States Naval         $10,480,000
                                  Academy.                              
Mississippi....................  Naval Station,               $4,990,000
                                  Pascagoula.                           
                                 Stennis Space Center...      $7,960,000
Nevada.........................  Naval Air Station,          $14,800,000
                                  Fallon.                               
North Carolina.................  Marine Corps Air             $1,630,000
                                  Station, Cherry Point.                
                                 Marine Corps Air            $17,040,000
                                  Station, New River.                   
                                 Marine Corps Base, Camp     $20,750,000
                                  LeJeune.                              
South Carolina.................  Marine Corps Recruit         $2,550,000
                                  Depot, Parris Island.                 
Texas..........................  Naval Station,              $16,850,000
                                  Ingleside.                            
                                 Naval Air Station,           $1,810,000
                                  Kingsville.                           
Virginia.......................  Armed Forces Staff          $12,900,000
                                  College, Norfolk.                     
                                 Marine Corps Combat         $14,570,000
                                  Development Command,                  
                                  Quantico.                             
                                 Naval Station, Norfolk.     $47,920,000
                                 Naval Surface Warfare        $8,030,000
                                  Center, Dahlgren.                     
Washington.....................  Naval Station, Everett.     $25,740,000
                                                         ---------------
                                   Total:...............    $507,052,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2205(a)(2), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:


                     Navy: Outside the United States                    
------------------------------------------------------------------------
                                     Installation or                    
            Country                      location             Amount    
------------------------------------------------------------------------
Bahrain........................  Administrative Support       $5,980,000
                                  Unit, Bahrain.                        
Greece.........................  Naval Support Activity,      $7,050,000
                                  Souda Bay.                            
Italy..........................  Naval Air Station,          $15,700,000
                                  Sigonella.                            
                                 Naval Support Activity,      $8,620,000
                                  Naples.                               
Puerto Rico....................  Naval Station,              $23,600,000
                                  Roosevelt Roads.                      
United Kingdom.................  Joint Maritime               $4,700,000
                                  Communications Center,                
                                  St. Mawgan.                           
                                                         ---------------
                                   Total:...............     $65,650,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2205(a)(6)(A), the Secretary of the Navy may 
     construct or acquire family housing units (including land 
     acquisition) at the installations, for the purposes, and in 
     the amounts set forth in the following table:


                                              Navy: Family Housing                                              
----------------------------------------------------------------------------------------------------------------
                 State                         Installation                   Purpose                 Amount    
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Marine Corps Air Station,  Community Center.............        $709,000
                                         Yuma.                                                                  
California............................  Marine Corps Air-Ground    Community Center.............      $1,982,000
                                         Combat Center,                                                         
                                         Twentynine Palms.                                                      
                                        Marine Corps Air-Ground    Housing Office...............        $956,000
                                         Combat Center,                                                         
                                         Twentynine Palms.                                                      
                                        Marine Corps Base, Camp    128 Units....................     $19,483,000
                                         Pendleton.                                                             
                                        Naval Air Station,         276 Units....................     $39,837,000
                                         Lemoore.                                                               
                                        Navy Public Works Center,  366 Units....................     $48,719,000
                                         San Diego.                                                             
Hawaii................................  Marine Corps Air Station,  54 Units.....................     $11,676,000
                                         Kaneohe Bay.                                                           
                                        Navy Public Works Center,  264 Units....................     $52,586,000
                                         Pearl Harbor.                                                          
Maryland..............................  Naval Air Warfare Center,  Community Center.............      $1,233,000
                                         Patuxent River.                                                        
North Carolina........................  Marine Corps Base, Camp    Community Center.............        $845,000
                                         LeJeune.                                                               
Virginia..............................  AEGIS Combat Systems       20 Units.....................      $2,975,000
                                         Center, Wallops Island.                                                
                                        Naval Security Group       Community Center.............        $741,000
                                         Activity, Northwest.                                                   
Washington............................  Naval Station, Everett...  100 Units....................     $15,015,000
                                        Naval Submarine Base,      Housing Office...............        $934,000
                                         Bangor.                                                                
                                                                                                 ---------------
                                                                     Total:.....................    $197,691,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2205(a)(6)(A), the Secretary of the Navy may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $23,142,000.

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2205(a)(6)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $189,383,000.

     SEC. 2204. DEFENSE ACCESS ROADS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2205(a)(5), the Secretary of the 
     Navy may make advances to the Secretary of Transportation for 
     the construction of defense access roads under section 210 of 
     title 23, United States Code, at various locations in the 
     amount of $300,000.

     SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     1996, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Navy in the total amount of $2,040,093,000 as follows:

[[Page S6357]]

       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $507,052,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $65,650,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $7,115,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $47,519,000.
       (5) For advances to the Secretary of Transportation for 
     construction of defense access roads under section 210 of 
     title 23, United States Code, $300,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $410,216,000.
       (B) For support of military housing (including functions 
     described in section 2833 of title 10, United States Code), 
     $1,014,241,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (6) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated in such paragraphs, reduced by $12,000,000, 
     which represents the combination of project savings resulting 
     from favorable bids, reduced overhead costs, and 
     cancellations due to force structure changes.
                         TITLE XXIII--AIR FORCE

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


                   Air Force: Inside the United States                  
------------------------------------------------------------------------
                                     Installation or                    
             State                       location             Amount    
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base.      $7,875,000
Alaska.........................  Eielson Air Force Base.      $3,900,000
                                 Elmendorf Air Force         $21,530,000
                                  Base.                                 
                                 King Salmon Air Force        $5,700,000
                                  Base.                                 
Arizona........................  Davis-Monthan Air Force      $9,920,000
                                  Base.                                 
Arkansas.......................  Little Rock Air Force       $18,105,000
                                  Base.                                 
California.....................  Beale Air Force Base...     $14,425,000
                                 Edwards Air Force Base.     $20,080,000
                                 Travis Air Force Base..     $14,980,000
                                 Vandenberg Air Force         $3,290,000
                                  Base.                                 
Colorado.......................  Buckley Air National        $17,960,000
                                  Guard Base.                           
                                 Falcon Air Force             $2,095,000
                                  Station.                              
                                 Peterson Air Force Base     $20,720,000
                                 United States Air Force     $12,165,000
                                  Academy.                              
Delaware.......................  Dover Air Force Base...     $19,980,000
Florida........................  Eglin Air Force Base...      $4,590,000
                                 Eglin Auxiliary Field 9      $6,825,000
                                 Patrick Air Force Base.     $10,495,000
                                 Tyndall Air Force Base.      $3,600,000
Georgia........................  Moody Air Force Base...      $3,350,000
                                 Robins Air Force Base..     $25,045,000
Idaho..........................  Mountain Home Air Force     $15,945,000
                                  Base.                                 
Kansas.........................  McConnell Air Force         $25,830,000
                                  Base.                                 
Louisiana......................  Barksdale Air Force          $4,890,000
                                  Base.                                 
Maryland.......................  Andrews Air Force Base.      $8,140,000
Mississippi....................  Keesler Air Force Base.     $14,465,000
Montana........................  Malmstrom Air Force          $6,300,000
                                  Base.                                 
Nevada.........................  Indian Springs Air           $4,690,000
                                  Force Auxiliary Air                   
                                  Field.                                
                                 Nellis Air Force Base..     $14,700,000
New Jersey.....................  McGuire Air Force Base.      $8,080,000
New Mexico.....................  Cannon Air Force Base..      $7,100,000
                                 Kirtland Air Force Base     $16,300,000
North Carolina.................  Pope Air Force Base....      $5,915,000
                                 Seymour Johnson Air         $11,280,000
                                  Force Base.                           
North Dakota...................  Grand Forks Air Force       $12,470,000
                                  Base.                                 
                                 Minot Air Force Base...      $3,940,000
Ohio...........................  Wright-Patterson Air         $7,400,000
                                  Force Base.                           
Oklahoma.......................  Tinker Air Force Base..      $9,880,000
South Carolina.................  Charleston Air Force        $43,110,000
                                  Base.                                 
                                 Shaw Air Force Base....     $14,465,000
South Dakota...................  Ellsworth Air Force          $4,150,000
                                  Base.                                 
Tennessee......................  Arnold Engineering           $6,781,000
                                  Development Center.                   
Texas..........................  Dyess Air Force Base...      $5,895,000
                                 Kelly Air Force Base...      $3,250,000
                                 Lackland Air Force Base      $9,413,000
                                 Sheppard Air Force Base      $9,400,000
Utah...........................  Hill Air Force Base....      $3,690,000
Virginia.......................  Langley Air Force Base.      $8,005,000
Washington.....................  Fairchild Air Force         $18,155,000
                                  Base.                                 
                                 McChord Air Force Base.     $57,065,000
                                                         ---------------
                                   Total:...............    $607,334,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:


                  Air Force: Outside the United States                  
------------------------------------------------------------------------
                                     Installation or                    
            Country                      location             Amount    
------------------------------------------------------------------------
Germany........................  Ramstein Air Force Base      $5,370,000
                                 Spangdahlem Air Base...      $1,890,000
Italy..........................  Aviano Air Base........     $10,066,000
Korea..........................  Osan Air Base..........      $9,780,000
Turkey.........................  Incirlik Air Base......      $7,160,000
United Kingdom.................  Croughton Royal Air          $1,740,000
                                  Force Base.                           
                                 Lakenheath Royal Air        $17,525,000
                                  Force Base.                           
                                 Mildenhall Royal Air         $6,195,000
                                  Force Base.                           
Overseas Classified............  Classified Locations...     $18,395,000
                                                         ---------------

[[Page S6358]]

                                                                        
                                   Total:...............     $78,115,000
------------------------------------------------------------------------



     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(a)(5)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition) at the installations, for the purposes, and in 
     the amounts set forth in the following table:

  


                                            Air Force: Family Housing                                           
----------------------------------------------------------------------------------------------------------------
                 State                         Installation                   Purpose                 Amount    
----------------------------------------------------------------------------------------------------------------
Alaska................................  Eielson Air Force Base...  72 units.....................     $21,127,000
                                                                   Fire Station.................      $2,950,000
California............................  Beale Air Force Base.....  56 units.....................      $8,893,000
                                        Travis Air Force Base....  70 units.....................      $8,631,000
                                        Vandenberg Air Force Base  112 units....................     $20,891,000
District of Columbia..................  Bolling Air Force Base...  40 units.....................      $5,000,000
Florida...............................  Eglin Auxiliary Field 9..  1 unit.......................        $249,000
                                        MacDill Air Force Base...  56 units.....................      $8,822,000
                                        Patrick Air Force Base...  Housing Maintenance Facility.        $853,000
                                                                   Housing Support & Storage            $756,000
                                                                    Facility.                                   
                                                                   Housing Office...............        $821,000
Louisiana.............................  Barksdale Air Force Base.  80 units.....................      $9,570,000
Massachusetts.........................  Hanscom Air Force Base...  32 units.....................      $5,100,000
Missouri..............................  Whiteman Air Force Base..  68 units.....................      $9,600,000
Montana...............................  Malmstrom Air Force Base.  20 units.....................      $5,242,000
New Mexico............................  Kirtland Air Force Base..  87 units.....................     $11,850,000
North Dakota..........................  Grand Forks Air Force      66 units.....................      $7,784,000
                                         Base.                                                                  
                                        Minot Air Force Base.....  46 units.....................      $8,740,000
Texas.................................  Lackland Air Force Base..  50 units.....................      $6,500,000
                                                                   Housing Office...............        $450,000
                                                                   Housing Maintenance Facility.        $350,000
Washington............................  McChord Air Force Base...  40 units.....................      $5,659,000
United Kingdom........................  Lakenheath Royal Air       Family Housing, Phase I......      $8,300,000
                                         Force Base.                                                            
                                                                                                 ---------------
                                                                     Total:.....................    $158,138,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(5)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $12,350,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(5)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $94,550,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     1996, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Air Force in the total amount of $1,844,786,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $607,334,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $78,115,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $11,328,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $53,497,000.
       (5) For military housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $265,038,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $829,474,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).
                      TITLE XXIV--DEFENSE AGENCIES

     SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2406(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

  


               Defense Agencies: Inside the United States               
------------------------------------------------------------------------
                                     Installation or                    
             Agency                      location             Amount    
------------------------------------------------------------------------
Chemical Agents and Munitions                                           
 Destruction.                                                           
                                 Pueblo Army Depot,                     
                                  Colorado..............    $179,000,000
Defense Finance & Accounting                                            
 Service.                                                               
                                 Norton Air Force Base,                 
                                  California............     $13,800,000
                                 Naval Training Center,                 
                                  Orlando, Florida......      $2,600,000
                                 Rock Island Arsenal,                   
                                  Illinois..............     $14,400,000
                                 Loring Air Force Base,                 
                                  Maine.................      $6,900,000
                                 Offutt Air Force Base,                 
                                  Nebraska..............      $7,000,000
                                 Griffiss Air Force                     
                                  Base, New York........     $10,200,000
                                 Gentile Air Force                      
                                  Station, Ohio.........     $11,400,000
                                 Charleston, South                      
                                  Carolina..............      $6,200,000
Defense Intelligence Agency....                                         
                                 Bolling Air Force Base,                
                                  District of Columbia..      $6,790,000
                                 National Ground                        
                                  Intelligence Center,                  
                                  Charlottesville,                      
                                  Virginia..............      $2,400,000
Defense Logistics Agency.......                                         
                                 Elmendorf Air Force                    
                                  Base, Alaska..........     $18,000,000
                                 Defense Distribution,                  
                                  San Diego, California.     $15,700,000
                                 Naval Air Facility, El                 
                                  Centro, California....      $5,700,000
                                 Travis Air Force Base,                 
                                  California............     $15,200,000
                                 McConnell Air Force                    
                                  Base, Kansas..........      $2,200,000
                                 Barksdale Air Force                    
                                  Base, Louisiana.......      $4,300,000
                                 Andrews Air Force Base,                
                                  Maryland..............     $12,100,000

[[Page S6359]]

                                                                        
                                 Naval Air Station,                     
                                  Fallon, Nevada........      $2,100,000
                                 Defense Construction                   
                                  Supply Center,                        
                                  Columbus, Ohio........        $600,000
                                 Altus Air Force Base,                  
                                  Oklahoma..............      $3,200,000
                                 Shaw Air Force Base,                   
                                  South Carolina........      $2,900,000
                                 Naval Air Station,                     
                                  Oceana, Virginia......      $1,500,000
Defense Medical Facility Office                                         
                                 Maxwell Air Force Base,                
                                  Alabama...............     $25,000,000
                                 Marine Corps Base, Camp                
                                  Pendleton, California.      $3,300,000
                                 Naval Air Station,                     
                                  Lemoore, California...     $38,000,000
                                 Naval Air Station, Key                 
                                  West, Florida.........     $15,200,000
                                 Andrews Air Force Base,                
                                  Maryland..............     $15,500,000
                                 Fort Bragg, North                      
                                  Carolina..............     $11,400,000
                                 Charleston Air Force                   
                                  Base, South Carolina..      $1,300,000
                                 Fort Bliss, Texas......      $6,600,000
                                 Fort Hood, Texas.......      $1,950,000
                                 Naval Air Station,                     
                                  Norfolk, Virginia.....      $1,250,000
National Security Agency.......                                         
                                 Fort Meade, Maryland...     $25,200,000
Special Operations Command.....                                         
                                 Naval Amphibious Base,                 
                                  Coronado, California..      $7,700,000
                                 Naval Station, Ford                    
                                  Island, Pearl Harbor,                 
                                  Hawaii................     $12,800,000
                                 Fort Campbell, Kentucky      $4,200,000
                                 Fort Bragg, North                      
                                  Carolina..............     $14,000,000
                                                         ---------------
                                   Total:...............    $527,590,000
------------------------------------------------------------------------


       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2406(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:


               Defense Agencies: Outside the United States              
------------------------------------------------------------------------
                                     Installation or                    
             Agency                      location             Amount    
------------------------------------------------------------------------
Defense Logistics Agency.......                                         
                                 Naval Air Station,                     
                                  Sigonella, Italy......      $6,100,000
                                 Moron Air Base, Spain..     $12,958,000
Defense Medical Facility Office                                         
                                 Administrative Support                 
                                  Unit, Bahrain, Bahrain      $4,600,000
                                                         ---------------
                                   Total:...............     $23,658,000
------------------------------------------------------------------------

     SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.

       Using amounts appropriated pursuant to the authorization of 
     appropriation in section 2406(a)(15)(A), the Secretary of 
     Defense may carry out architectural and engineering services 
     and construction design activities with respect to the 
     construction or improvement of military family housing units 
     in an amount not to exceed $500,000.

     SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriation in section 2406(a)(15)(A), the Secretary of 
     Defense may improve existing military family housing units in 
     an amount not to exceed $3,871,000.

     SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.

       (a) Availability of Funds for Credit to Family Housing 
     Improvement Fund.--The amount authorized to be appropriated 
     pursuant to section 2406(a)(15)(C) shall be available for 
     crediting to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code.
       (b) Availability of Funds for Credit to Unaccompanied 
     Housing Improvement Fund.--The amount authorized to be 
     appropriated pursuant to section 2406(a)(14) shall be 
     available for crediting to the Department of Defense Military 
     Unaccompanied Housing Improvement Fund established by section 
     2883(a)(2) of title 10, United States Code.
       (c) Use of Funds.--The Secretary of Defense may use funds 
     credited to the Department of Defense Family Housing 
     Improvement Fund under subsection (a) to carry out any 
     activities authorized by subchapter IV of chapter 169 of such 
     title with respect to military family housing and may use 
     funds credited to the Department of Defense Military 
     Unaccompanied Housing Improvement Fund under subsection (b) 
     to carry out any activities authorized by that subchapter 
     with respect to military unaccompanied housing.

     SEC. 2405. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2406(a)(12), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code.

     SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     1996, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments), in the total 
     amount of $3,421,366,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $364,487,000.
       (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), $92,000,000.
       (5) For military construction projects at Fort Bragg, North 
     Carolina, hospital replacement, authorized by section 2401(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 1993 (106 Stat. 2599), $89,000,000.
       (6) For military construction projects at Pine Bluff 
     Arsenal, Arkansas, authorized by section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 1995 
     (division B of the Public Law 103-337; 108 Stat. 3040), 
     $46,000,000.
       (7) For military construction projects at Umatilla Army 
     Depot, Oregon, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1995 (108 
     Stat. 3040), $64,000,000.
       (8) For military construction projects at Defense Finance 
     and Accounting Service, Columbus, Ohio, authorized by section 
     2401(a) of the Military Construction Authorization Act of 
     Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 
     535), $20,822,000.
       (9) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $9,500,000.
       (10) For unspecified minor construction projects under 
     section 2805 of title 10, United States Code, $21,874,000.
       (11) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $14,239,000.
       (12) For energy conservation projects under section 2865 of 
     title 10, United States Code, $47,765,000.
       (13) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $2,507,476,000.
       (14) For credit to the Department of Defense Military 
     Unaccompanied Housing Improvement Fund as authorized by 
     section 2404(b) of this Act, $5,000,000.
       (15) For military family housing functions:
       (A) For improvement and planning of military family housing 
     and facilities, $4,371,000.
       (B) For support of military housing (including functions 
     described in section 2833 of title 10, United States Code), 
     $30,963,000, of which not more than $25,637,000 may be 
     obligated or expended for the leasing of military family 
     housing units worldwide.

[[Page S6360]]

       (C) For credit to the Department of Defense Family Housing 
     Improvement Fund as authorized by section 2404(a) of this 
     Act, $20,000,000.
       (D) For the Homeowners Assistance Program as authorized by 
     section 2832 of title 10, United States Code, $36,181,000, to 
     remain available until expended.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variation authorized by section 2853 
     of title 10, United States Code, and any other cost 
     variations authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $161,503,000 (the balance of the amount authorized 
     under section 2401(a) of this Act for the construction of a 
     chemical demilitarization facility at Pueblo Army Depot, 
     Colorado); and
       (3) $1,600,000 (the balance of the amount authorized under 
     section 2401(a) of this Act for the construction of a 
     replacement facility for the medical and dental clinic, Key 
     West Naval Air Station, Florida).
   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 1996, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Security 
     Investment program as authorized by section 2501, in the 
     amount of $197,000,000.

     SEC. 2503. REDESIGNATION OF NORTH ATLANTIC TREATY 
                   ORGANIZATION INFRASTRUCTURE PROGRAM.

       (a) Redesignation.--Subsection (b) of section 2806 of title 
     10, United States Code, is amended by striking out ``North 
     Atlantic Treaty Organization Infrastructure program'' and 
     inserting in lieu thereof ``North Atlantic Treaty 
     Organization Security Investment program''.
       (b) References.--Any reference to the North Atlantic Treaty 
     Organization Infrastructure program in any Federal law, 
     Executive order, regulation, delegation of authority, or 
     document of or pertaining to the Department of Defense shall 
     be deemed to refer to the North Atlantic Treaty Organization 
     Security Investment program.
       (c) Clerical Amendments.--(1) The section heading of such 
     section is amended to read as follows:

     ``Sec. 2806. Contributions for North Atlantic Treaty 
       Organizations Security Investment''.

       (2) The table of sections at the beginning of subchapter I 
     of chapter 169 of title 10, United States Code, is amended by 
     striking out the item relating to section 2806 and inserting 
     in lieu thereof the following:

``2806. Contributions for North Atlantic Treaty Organizations Security 
              Investment.''.
       (d) Conforming Amendments.--(1) Section 2861(b)(3) of title 
     10, United States Code, is amended by striking out ``North 
     Atlantic Treaty Organization Infrastructure program'' and 
     inserting in lieu thereof ``North Atlantic Treaty 
     Organization Security Investment program''.
       (2) Section 21(h)(1)(B) of the Arms Export Control Act (22 
     U.S.C. 2761(h)(1)(B)) is amended by striking out ``North 
     Atlantic Treaty Organization Infrastructure Program'' and 
     inserting in lieu thereof ``North Atlantic Treaty 
     Organization Security Investment program''.
            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

     SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       There are authorized to be appropriated for fiscal years 
     beginning after September 30, 1996, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $79,628,000; and
       (B) for the Army Reserve, $59,174,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $32,743,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $208,484,000; and
       (B) for the Air Force Reserve, $54,770,000.
        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 Security Investment program (and authorizations 
     of appropriations therefor) shall expire on the later of--
       (1) October 1, 1999; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2000.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, family housing projects and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program (and authorizations of 
     appropriations therefor), for which appropriated funds have 
     been obligated before the later of--
       (1) October 1, 1999; or
       (2) the date of the enactment of an Act authorizing funds 
     for fiscal year 2000 for military construction projects, land 
     acquisition, family housing projects and facilities, or 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program.

     SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   1994 PROJECTS.

       (a) Extensions.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1994 
     (division B of Public Law 103-160; 107 Stat. 1880), 
     authorizations for the projects set forth in the tables in 
     subsection (b), as provided in section 2101, 2102, 2201, 
     2301, or 2601 of that Act, shall remain in effect until 
     October 1, 1997, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     1998, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


                                 Army: Extension of 1994 Project Authorizations                                 
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
New Jersey............................  Picatinny Arsenal........  Advance Warhead Development        $4,400,000
                                                                    Facility.                                   
North Carolina........................  Fort Bragg...............  Land Acquisition.............     $15,000,000
Wisconsin.............................  Fort McCoy...............  Family Housing Construction        $2,950,000
                                                                    (16 units).                                 
----------------------------------------------------------------------------------------------------------------



                                 Navy: Extension of 1994 Project Authorizations                                 
----------------------------------------------------------------------------------------------------------------
           State or Location             Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
California............................  Camp Pendleton Marine      Sewage Facility..............      $7,930,000
                                         Corps Base.                                                            
Connecticut...........................  New London Naval           Hazardous Waste Transfer           $1,450,000
                                         Submarine Base.            Facility.                                   
New Jersey............................  Earle Naval Weapons        Explosives Holding Yard......      $1,290,000
                                         Station.                                                               
Virginia..............................  Oceana Naval Air Station.  Jet Engine Test Cell               $5,300,000
                                                                    Replacement.                                
Various Locations.....................  Various Locations........  Land Acquisition Inside the          $540,000
                                                                    United States.                              
Various Locations.....................  Various Locations........  Land Acquisition Outside the         $800,000
                                                                    United States.                              
----------------------------------------------------------------------------------------------------------------



[[Page S6361]]



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



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

     SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   1993 PROJECTS.

       (a) Extensions.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1993 
     (division B of Public Law 102-484; 106 Stat. 2602), 
     authorizations for the projects set forth in the tables in 
     subsection (b), as provided in section 2101, 2301, or 2601 of 
     that Act and extended by section 2702 of the Military 
     Construction Authorization Act for Fiscal Year 1996 (division 
     B of Public Law 104-106; 110 Stat. 541), shall remain in 
     effect until October 1, 1997, or the date of the enactment of 
     an Act authorizing funds for military construction for fiscal 
     year 1998, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


                                  Army: Extension of 1993 Project Authorization                                 
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Arkansas..............................  Pine Bluff Arsenal.......  Ammunition Demilitarization       $15,000,000
                                                                    Support Facility.                           
----------------------------------------------------------------------------------------------------------------



                               Air Force: Extension of 1993 Project Authorization                               
----------------------------------------------------------------------------------------------------------------
                Country                  Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Portugal..............................  Lajes Field..............  Water Wells..................        $950,000
----------------------------------------------------------------------------------------------------------------



                          Army National Guard: Extension of 1993 Project Authorizations                         
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Alabama...............................  Tuscaloosa...............  Armory.......................      $2,273,000
                                        Union Springs............  Armory.......................        $813,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   1992 PROJECTS.

       (a) Extensions.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1992 
     (division B of Public Law 102-190; 105 Stat. 1535), 
     authorizations for the projects set forth in the table in 
     subsection (b), as provided in section 2101 of that Act and 
     extended by section 2702(a) of the Military Construction 
     Authorization Act for Fiscal Year 1995 (division B of Public 
     Law 103-337; 108 Stat. 3047) and section 2703(a) of the 
     Military Construction Authorization Act for Fiscal Year 1996 
     (division B of Public Law 104-106; 110 Stat. 543), shall 
     remain in effect until October 1, 1997, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 1998, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:


                                 Army: Extension of 1992 Project Authorizations                                 
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount    
----------------------------------------------------------------------------------------------------------------
Oregon................................  Umatilla Army Depot......  Ammunition Demilitarization        $3,600,000
                                                                    Support Facility.                           
                                        Umatilla Army Depot......  Ammunition Demilitarization        $7,500,000
                                                                    Utilities.                                  
----------------------------------------------------------------------------------------------------------------

     SEC. 2705. 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.

[[Page S6362]]

                    TITLE XXVIII--GENERAL PROVISIONS
 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

     SEC. 2801. INCREASE IN CERTAIN THRESHOLDS FOR UNSPECIFIED 
                   MINOR CONSTRUCTION PROJECTS.

       (a) O&M Funding for Projects.--Section 2805(c)(1)(B) of 
     title 10, United States Code, is amended by striking out 
     ``$300,000'' and inserting in lieu thereof ``$500,000''.
       (b) O&M Funding for Reserve Component Facilities.--
     Subsection (b) of section 18233a of such title is amended by 
     striking out ``$300,000'' and inserting in lieu thereof 
     ``$500,000''.
       (c) Notification for Expenditures and Contributions for 
     Reserve Component Facilities.--Subsection (a)(1) of such 
     section 18233a is amended by striking out ``$400,000'' and 
     inserting in lieu thereof ``$1,500,000''.

     SEC. 2802. CLARIFICATION OF AUTHORITY TO IMPROVE MILITARY 
                   FAMILY HOUSING.

       (a) Exclusion of Minor Maintenance and Repair.--Subsection 
     (a)(2) of section 2825 of title 10, United States Code, is 
     amended by inserting ``(other than day-to-day maintenance or 
     repair work)'' after ``work''.
       (b) Applicability of Limitation on Funds for 
     Improvements.--Subsection (b)(2) of such section is amended--
       (1) by striking out ``the cost of repairs'' and all that 
     follows through ``in connection with'' and inserting in lieu 
     thereof ``of the unit or units concerned the cost of 
     maintenance or repairs undertaken in connection with the 
     improvement of the unit or units and any cost (other than the 
     cost of activities undertaken beyond a distance of five feet 
     from the unit or units) in connection with''; and
       (2) by inserting ``, drives,'' after ``roads''.

     SEC. 2803. AUTHORITY TO GRANT EASEMENTS FOR RIGHTS-OF-WAY.

       (a) Easements for Electric Poles and Lines and for 
     Communications Lines and Facilities.--Section 2668(a) of 
     title 10, United States Code, is amended--
       (1) by striking out ``and'' at the end of paragraph (9);
       (2) by redesignating paragraph (10) as paragraph (13); and
       (3) by inserting after paragraph (9) the following new 
     paragraphs:
       ``(10) poles and lines for the transmission or distribution 
     of electric power;
       ``(11) poles and lines for the transmission or distribution 
     of communications signals (including telephone and telegraph 
     signals);
       ``(12) structures and facilities for the transmission, 
     reception, and relay of such signals; and''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in paragraph (3), by striking out ``, telephone lines, 
     and telegraph lines,''; and
       (2) in paragraph (13), as redesignated by subsection 
     (a)(2), by striking out ``or by the Act of March 4, 1911 (43 
     U.S.C. 961)''.
            Subtitle B--Defense Base Closure and Realignment

     SEC. 2811. RESTORATION OF AUTHORITY UNDER 1988 BASE CLOSURE 
                   LAW TO TRANSFER PROPERTY AND FACILITIES TO 
                   OTHER ENTITIES IN THE DEPARTMENT OF DEFENSE.

       (a) Restoration of Authority.--Section 204(b)(2) of the 
     Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is 
     amended--
       (1) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) The Secretary may transfer real property or 
     facilities located at a military installation to be closed or 
     realigned under this title, with or without reimbursement, to 
     a military department or other entity (including a 
     nonappropriated fund instrumentality) within the Department 
     of Defense or the Coast Guard.''.
       (b) Ratification of Transfers--Any transfer by the 
     Secretary of Defense of real property or facilities at a 
     military installation closed or realigned under title II of 
     the Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) to 
     a military department or other entity of the Department of 
     Defense or the Coast Guard during the period beginning on 
     November 30, 1993, and ending on the date of the enactment of 
     this Act is hereby ratified.

     SEC. 2812. DISPOSITION OF PROCEEDS FROM DISPOSAL OF 
                   COMMISSARY STORES AND NONAPPROPRIATED FUND 
                   INSTRUMENTALITIES AT INSTALLATIONS BEING CLOSED 
                   OR REALIGNED.

       (a) 1988 Law.--(1) Section 204(b)(7)(C) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note) is amended--
       (A) in clause (i), by striking out ``shall be deposited'' 
     and all that follows through the end of the clause and 
     inserting in lieu thereof ``shall be deposited as follows:
       ``(I) In the case of proceeds of the transfer or other 
     disposal of property acquired, constructed, or improved with 
     commissary store funds, in the account in the Treasury known 
     as the Surcharge Collection, Sales of Commissary Stores, 
     Defense, account.
       ``(II) In the case of proceeds of the transfer or other 
     disposal of property acquired, constructed, or improved with 
     nonappropriated funds, in a nonappropriated fund account of 
     the Department of Defense designated by the Secretary.'';
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following new clause 
     (iii):
       ``(iii)(I) The Secretary may use amounts deposited under 
     clause (i)(I) in the account referred to in that clause for 
     the purpose of acquiring, constructing, and improving 
     commissary stores.
       ``(II) The Secretary may use amounts deposited under clause 
     (i)(II) in a nonappropriated fund account pursuant to that 
     clause for the purpose of acquiring, constructing, and 
     improving nonappropriated fund instrumentalities.''.
       (2) Section 206(a)(7) of that Act is amended by striking 
     out ``Proceeds received'' and inserting in lieu thereof 
     ``Except as provided in section 204(b)(7)(C), proceeds 
     received''.
       (b) 1990 Law.--Section 2906(d) 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--
       (1) in paragraph (1), by striking out ``shall be 
     deposited'' and all that follows through the end and 
     inserting in lieu thereof ``shall be deposited as follows:
       ``(A) In the case of proceeds of the transfer or other 
     disposal of property acquired, constructed, or improved with 
     commissary store funds, in the account in the Treasury known 
     as the Surcharge Collections, Sales of Commissary Stores, 
     Defense, account.
       ``(B) In the case of proceeds of the transfer or other 
     disposal of property acquired, constructed, or improved with 
     nonappropriated funds, in a nonappropriated fund account of 
     the Department of Defense designated by the Secretary.''; and
       (2) by striking out paragraph (3) and inserting in lieu 
     thereof the following new paragraph (3):
       ``(3)(A) The Secretary may use amounts deposited under 
     paragraph (1)(A) in the account referred to in that paragraph 
     for the purpose of acquiring, constructing, and improving 
     commissary stores.
       ``(B) The Secretary may use amounts deposited under 
     paragraph (1)(B) in a nonappropriated fund account pursuant 
     to that paragraph for the purpose of acquiring, constructing, 
     and improving nonappropriated fund instrumentalities.''.

     SEC. 2813. AGREEMENTS FOR SERVICES AT INSTALLATIONS AFTER 
                   CLOSURE.

       (a) 1988 Law.--Section 204(b)(8)(A) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note) is amended by 
     inserting ``, or at facilities not yet transferred or 
     otherwise disposed of in the case of installations closed 
     under this title,'' after ``under this title''.
       (b) 1990 Law.--Section 2905(b)(8)(A) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
     inserting ``, or at facilities not yet transferred or 
     otherwise disposed of in the case of installations closed 
     under this part,'' after ``under this part''.
                      Subtitle C--Land Conveyances

     SEC. 2821. TRANSFER OF LANDS, ARLINGTON NATIONAL CEMETERY, 
                   ARLINGTON, VIRGINIA.

       (a) Requirement for Secretary of the Interior To Transfer 
     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 National Park System at Arlington National Cemetery, 
     Virginia:
       (A) The lands known as the Arlington National Cemetery 
     Interment Zone.
       (B) All lands in the Robert E. Lee Memorial Preservation 
     Zone, other than those lands in the Preservation Zone that 
     the Secretary of the Interior determines must be retained 
     because of the historical significance of such lands or for 
     the maintenance of nearby lands or facilities.
       (2) The transfer of lands under paragraph (1) shall be 
     carried out in accordance with the Interagency Agreement 
     Between the Department of the Interior, the National Park 
     Service, and the Department of the Army, Dated February 22, 
     1995.
       (3) The exact acreage and legal descriptions of the lands 
     to be transferred under paragraph (1) shall be determined by 
     surveys satisfactory to the Secretary of the Interior and the 
     Secretary of the Army.
       (b) Requirement for Additional Transfers.--(1) The 
     Secretary of the Interior shall transfer to the Secretary of 
     the Army administrative jurisdiction over a parcel of land, 
     including any improvements thereon, consisting of 
     approximately 2.43 acres, located in the Memorial Drive 
     entrance area to Arlington National Cemetery.
       (2)(A) The Secretary of the Army shall transfer to the 
     Secretary of the Interior administrative jurisdiction over a 
     parcel of land, including any improvements thereon, 
     consisting of approximately 0.17 acres, located at Arlington 
     National Cemetery, and known as the Old Administrative 
     Building site. The site is part of the original reservation 
     of Arlington National Cemetery.
       (B) In connection with the transfer under subparagraph (A), 
     the Secretary of the Army shall grant to the Secretary of the 
     Interior a perpetual right of ingress and egress to the 
     parcel transferred under that subparagraph.
       (3) The exact acreage and legal descriptions of the lands 
     to be transferred pursuant to this subsection shall be 
     determined by surveys satisfactory to the Secretary of the 
     Interior and the Secretary of the Army. The costs of such 
     surveys shall be borne by the Secretary of the Army.

[[Page S6363]]

     SEC. 2822. LAND TRANSFER, POTOMAC ANNEX, DISTRICT OF 
                   COLUMBIA.

       (a) Transfer Required.--Subject to subsection (b), the 
     Secretary of the Navy shall transfer, without consideration 
     other than the reimbursement provided for in subsection (d), 
     to the United States Institute of Peace (in this section 
     referred to as the ``Institute'') administrative jurisdiction 
     over a parcel of real property, including any improvements 
     thereon, consisting of approximately 3 acres, at the 
     northwest corner of Twenty-third Street and Constitution 
     Avenue, Northwest, District of Columbia, the site of the 
     Potomac Annex.
       (b) Condition.--The Secretary may not make the transfer 
     specified in subsection (a) unless the Institute agrees to 
     provide the Navy a number of parking spaces at or in the 
     vicinity of the headquarters to be constructed on the parcel 
     transferred equal to the number of parking spaces available 
     to the Navy on the parcel as of the date of the transfer.
       (c) Requirement Relating to Transfer.--The transfer 
     specified in subsection (a) may not occur until the Institute 
     obtains all permits, approvals, and site plan reviews 
     required by law with respect to the construction on the 
     parcel of a headquarters for operations of the Institute.
       (d) Costs.--The Institute shall reimburse the Secretary for 
     the costs incurred by the Secretary in carrying out the 
     transfer specified in subsection (a).
       (e) Description of Property.--The exact acreage and legal 
     description of the property to be transferred under 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary. The cost of the survey shall 
     be borne by the Institute.

     SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER, MONTPELIER, 
                   VERMONT.

       (a) Conveyance Authorized.--Subject to subsection (b), the 
     Secretary of the Army may convey, without consideration, to 
     the City of Montpelier, Vermont (in this section referred to 
     as the ``City''), all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 4.3 acres 
     and located on Route 2 in Montpelier, Vermont, the site of 
     the Army Reserve Center, Montpelier, Vermont.
       (b) Requirement for Federal Screening of Property.--The 
     Secretary may not carry out the conveyance of property 
     authorized by subsection (a) unless the Secretary determines 
     that no department or agency of the Federal Government will 
     accept the transfer of the property.
       (c) Condition.--The conveyance authorized under subsection 
     (a) shall be subject to the condition that the City agree to 
     lease to the Civil Air Patrol, at no rental charge to the 
     Civil Air Patrol, the portion of the real property and 
     improvements located on the parcel to be conveyed that the 
     Civil Air Patrol leases from the Secretary as of the date of 
     the enactment of this Act.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the 
     United States.

     SEC. 2824. LAND CONVEYANCE, FORMER NAVAL RESERVE FACILITY, 
                   LEWES, DELAWARE.

       (a) Conveyance Authorized.--Subject to subsection (b), the 
     Secretary of the Navy may convey, without consideration, to 
     the State of Delaware (in this section referred to as the 
     ``State''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, consisting of approximately 16.8 acres 
     at the site of the former Naval Reserve Facility, Lewes, 
     Delaware.
       (b) Requirement for Federal Screening of Property.--The 
     Secretary may not carry out the conveyance of property 
     authorized by subsection (a) unless the Secretary determines 
     that no department or agency of the Federal Government will 
     accept the transfer of the property.
       (c) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     State use the real property conveyed under that subsection in 
     perpetuity solely for public park or recreational purposes.
       (d) Reversion.--If the Secretary of the Interior determines 
     at any time that the real property conveyed pursuant to this 
     section is not being used for a purpose specified in 
     subsection (b), all right, title, and interest in and to such 
     real property, including any improvements thereon, shall 
     revert to the United States and the United States shall have 
     the right of immediate entry thereon.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed pursuant to 
     this section shall be determined by a survey satisfactory to 
     the Secretary of the Navy. The cost of such survey shall be 
     borne by the State.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2825. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE 
                   FOURCHE, SOUTH DAKOTA.

       (a) Conveyance Authorized.--Subject to subsection (b), the 
     Secretary of the Air Force may convey, without consideration, 
     to the Belle Fourche School District, Belle Fourche, South 
     Dakota (in this section referred to as the ``District''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, together with any improvements 
     thereon, consisting of approximately 37 acres located in 
     Belle Fourche, South Dakota, which has served as the location 
     of a support complex and housing facilities for Detachment 21 
     of the 554th Range Squadron, an Air Force radar bomb scoring 
     site. The conveyance may not include any portion of the radar 
     bomb scoring site located in the State of Wyoming.
       (b) Requirement for Federal Screening of Property.--The 
     Secretary may not carry out the conveyance of property 
     authorized by subsection (a) unless the Secretary determines 
     that no department or agency of the Federal Government will 
     accept the transfer of the property.
       (c) Condition of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the condition that 
     the District--
       (1) use the property and facilities conveyed under that 
     subsection for education, economic development, or housing 
     purposes; or
       (2) enter into an agreement with an appropriate public or 
     private entity to sell or lease the property and facilities 
     to such entity for such purposes.
       (d) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be borne by the District.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2826. CONVEYANCE OF PRIMATE RESEARCH COMPLEX, HOLLOMAN 
                   AIR FORCE BASE, NEW MEXICO.

       (a) Conveyance Authorized.--Notwithstanding any provision 
     of the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 471 et seq.), or any regulations prescribed 
     thereunder, the Secretary of the Air Force may convey all 
     right, title, and interest of the United States in and to the 
     primate research complex at Holloman Air Force Base, New 
     Mexico. The conveyance shall include the colony of 
     chimpanzees owned by the Air Force that are housed at or 
     managed from the primate research complex. The conveyance may 
     not include the real property on which the primate research 
     complex is located.
       (b) Competitive Procedures Required.--The Secretary shall 
     use competitive procedures in selecting the person or entity 
     to which to make the conveyance authorized by subsection (a).
       (c) Standards To Be Used in Solicitation of Bids.--The 
     Secretary shall develop standards for the care and use of the 
     primate research complex, and of chimpanzees, to be used in 
     soliciting bids for the conveyance authorized by subsection 
     (a). The Secretary shall develop such standards in 
     consultation with the Secretary of Agriculture and the 
     Director of the National Institutes of Health.
       (d) Conditions of Conveyance.--The conveyance authorized by 
     subsection (a) shall be subject to the followings conditions:
       (1) That the recipient of the primate research complex--
       (A) utilize any chimpanzees included in the conveyance only 
     for scientific research or medical research purposes; or
       (B) retire and provide adequate care for such chimpanzees.
       (2) That the recipient of the primate research complex 
     assume from the Secretary any leases at the primate research 
     complex that are in effect at the time of the conveyance.
       (e) Description of Complex.--The exact legal description of 
     the primate research complex to be conveyed under subsection 
     (a) shall be determined by a survey or other means 
     satisfactory to the Secretary. The cost of any survey or 
     other services performed at the direction of the Secretary 
     under the authority in the preceding sentence shall be borne 
     by the recipient of the primate research complex.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2827. DEMONSTRATION PROJECT FOR INSTALLATION AND 
                   OPERATION OF ELECTRIC POWER DISTRIBUTION SYSTEM 
                   AT YOUNGSTOWN AIR RESERVE STATION, OHIO.

       (a) Authority.--The Secretary of the Air Force may carry 
     out a demonstration project to assess the feasibility and 
     advisability of permitting private entities to install, 
     operate, and maintain electric power distribution systems at 
     military installations. The Secretary shall carry out the 
     demonstration project through an agreement under subsection 
     (b).
       (b) Agreement.--(1) In order to carry out the demonstration 
     project, the Secretary shall enter into an agreement with an 
     electric utility or other company in the Youngstown, Ohio, 
     area under which the utility or

[[Page S6364]]

     company, as the case may be, installs, operates, and 
     maintains (in a manner satisfactory to the Secretary and the 
     utility or company) an electric power distribution system at 
     Youngstown Air Reserve Station, Ohio.
       (2) The Secretary may not enter into an agreement under 
     this subsection until--
       (A) the Secretary submits to the congressional defense 
     committees a report on the agreement to be entered into, 
     including the costs to be incurred by the United States under 
     the agreement; and
       (B) a period of 21 days has elapsed from the date of the 
     receipt of the report by the committees.
       (c) Licenses and Easements.--In order to facilitate the 
     installation, operation, and maintenance of the electric 
     power distribution system under the agreement under 
     subsection (b), the Secretary may grant the utility or 
     company with which the Secretary enters into the agreement 
     such licenses, easements, and rights-of-way as the Secretary 
     and the utility or company, as the case may be, jointly 
     determine necessary for such purposes.
       (d) Ownership of System.--The agreement between the 
     Secretary and the utility or company under subsection (b) may 
     provide that the utility or company, as the case may be, 
     shall own the electric power distribution system installed 
     under the agreement.
       (e) Rates.--The rates charged by the utility or company for 
     providing and distributing electric power at Youngstown Air 
     Reserve Station through the electric power distribution 
     system installed under the agreement under subsection (b) may 
     not include the costs, including the amortization of any 
     costs, incurred by the utility or company, as the case may 
     be, in installing the system.
       (f) Reports.--Not later than February 1, 1997, and February 
     1 of each year following a year in which the Secretary 
     carries out the demonstration project under this section, the 
     Secretary shall submit to the congressional defense 
     committees a report on the project. The report shall include 
     the Secretary's current assessment of the project and the 
     recommendations, if any, of the Secretary of extending the 
     authority with respect to the project to other facilities and 
     installations of the Department of Defense.
       (g) Funding.--In order to pay the costs of the United 
     States under the agreement under subsection (b), the 
     Secretary may use funds authorized to be appropriated by 
     section 2601(3)(B) of the Military Construction Authorization 
     Act for Fiscal Year 1996 (division B of Public Law 104-106; 
     110 Stat. 540) for the purpose of rebuilding the electric 
     power distribution system at the Youngstown Air Reserve 
     Station that were appropriated for that purpose by the 
     Military Construction Appropriations Act, 1996 (Public Law 
     104-32; 109 Stat. 283) and that remain available for 
     obligation for that purpose as of the date of the enactment 
     of this Act.
       (h) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in the agreement 
     under subsection (b) as the Secretary considers appropriate 
     to protect the interests of the United States.
 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
         Subtitle A--National Security Programs Authorizations

     SEC. 3101. WEAPONS ACTIVITIES.

       (a) Stockpile Stewardship.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1997 for stockpile stewardship in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $1,636,767,000, to be allocated as follows:
       (1) For core stockpile stewardship, $1,200,907,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $1,112,570,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $88,337,000, to be allocated as follows:
       Project 96-D-102, stockpile stewardship facilities 
     revitalization, Phase VI, various locations, $19,250,000.
       Project 96-D-103, ATLAS, Los Alamos National Laboratory, 
     Los Alamos, New Mexico, $15,100,000.
       Project 96-D-104, processing and environmental technology 
     laboratory (PETL), Sandia National Laboratories, Albuquerque, 
     New Mexico, $14,100,000.
       Project 96-D-105, contained firing facility addition, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $17,100,000.
       Project 95-D-102, Chemical and Metallurgy Research Building 
     upgrades project, Los Alamos National Laboratory, Los Alamos, 
     New Mexico, $15,000,000.
       Project 94-D-102, nuclear weapons research, development, 
     and testing facilities revitalization, Phase V, various 
     locations, $7,787,000.
       (2) For inertial fusion, $366,460,000, to be allocated as 
     follows:
       (A) For operation and maintenance, $234,560,000.
       (B) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, and 
     modification of facilities, and land acquisition related 
     thereto):
       Project 96-D-111, national ignition facility, location to 
     be determined, $131,900,000.
       (3) For technology transfer and education, $69,400,000.
       (b) Stockpile Management.--Funds are hereby authorized to 
     be appropriated to the Department of Energy for fiscal year 
     1997 for stockpile management in carrying out weapons 
     activities necessary for national security programs in the 
     amount of $1,988,831,000, to be allocated as follows:
       (1) For operation and maintenance, $1,894,470,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $94,361,000, to be allocated as follows:
       Project 97-D-121, consolidated pit packaging system, Pantex 
     Plant, Amarillo, Texas, $870,000.
       Project 97-D-122, nuclear materials storage facility 
     renovation, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $4,000,000.
       Project 97-D-123, structural upgrades, Kansas City Plant, 
     Kansas City, Missouri, $1,400,000.
       Project 97-D-124, steam plant waste water treatment 
     facility upgrade, Y-12 plant, Oak Ridge, Tennessee, $600,000.
       Project 96-D-122, sewage treatment quality upgrade (STQU), 
     Pantex Plant, Amarillo, Texas, $100,000.
       Project 96-D-123, retrofit heating, ventilation, and air 
     conditioning and chillers for ozone protection, Y-12 plant, 
     Oak Ridge, Tennessee, $7,000,000.
       Project 96-D-125, Washington measurements operations 
     facility, Andrews Air Force Base, Camp Springs, Maryland, 
     $3,825,000.
       Project 95-D-122, sanitary sewer upgrade, Y-12 plant, Oak 
     Ridge, Tennessee, $10,900,000.
       Project 94-D-124, hydrogen fluoride supply system, Y-12 
     plant, Oak Ridge, Tennessee, $4,900,000.
       Project 94-D-125, upgrade life safety, Kansas City Plant, 
     Kansas City, Missouri, $5,200,000.
       Project 94-D-127, emergency notification system, Pantex 
     Plant, Amarillo, Texas, $2,200,000.
       Project 93-D-122, life safety upgrades, Y-12 plant, Oak 
     Ridge, Tennessee, $7,200,000.
       Project 93-D-123, non-nuclear reconfiguration, complex-21, 
     various locations, $14,487,000.
       Project 88-D-122, facilities capability assurance program, 
     various locations, $21,940,000.
       Project 88-D-123, security enhancement, Pantex Plant, 
     Amarillo, Texas, $9,739,000.
       (c) Program Direction.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1997 
     for program direction in carrying out weapons activities 
     necessary for national security programs in the amount of 
     $323,404,000.

     SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

       (a) Environmental Restoration.--Subject to subsection (j), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1997 for environmental 
     restoration in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $1,777,194,000.
       (b) Waste Management.--Subject to subsection (j), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1997 for waste management in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $1,601,653,000, to be allocated as follows:
       (1) For operation and maintenance, $1,513,326,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $88,327,000, to be allocated as follows:
       Project 97-D-402, tank restoration and safe operations, 
     Richland, Washington, $7,584,000.
       Project 96-D-408, waste management upgrades, various 
     locations, $11,246,000.
       Project 95-D-402, install permanent electrical service, 
     Waste Isolation Pilot Plant, Carlsbad, New Mexico, $752,000.
       Project 95-D-405, industrial landfill V and construction/
     demolition landfill VII, Phase III, Y-12 Plant, Oak Ridge, 
     Tennessee, $200,000.
       Project 94-D-404, Melton Valley storage tank capacity 
     increase, Oak Ridge National Laboratory, Oak Ridge, 
     Tennessee, $6,345,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $12,600,000.
       Project 93-D-182, replacement of cross-site transfer 
     system, Richland, Washington, $8,100,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River Site, South Carolina, 
     $20,000,000.
       Project 89-D-174, replacement high-level waste evaporator, 
     Savannah River Site, Aiken, South Carolina, $11,500,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $10,000,000.
       (c) Technology Development.--Subject to subsection (j), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy

[[Page S6365]]

     for fiscal year 1997 for technology development in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $328,771,000.
       (d) Nuclear Materials and Facilities Stabilization.--
     Subject to subsection (j), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1997 
     for nuclear materials and facilities stabilization in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs in the 
     amount of $994,821,000, to be allocated as follows:
       (1) For operation and maintenance, $909,664,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $85,157,000, to be allocated as follows:
       Project 97-D-450, actinide packaging and storage facility, 
     Savannah River Site, Aiken, South Carolina, $7,900,000.
       Project 97-D-451, B-plant safety class ventilation 
     upgrades, Richland, Washington, $1,500,000.
       Project 96-D-406, spent nuclear fuels canister storage and 
     stabilization facility, Richland, Washington, $60,672,000.
       Project 96-D-464, electrical and utility systems upgrade, 
     Idaho Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $10,440,000.
       Project 95-D-456, security facilities upgrade, Idaho 
     Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $4,645,000.
       (e) Policy and Management.--Subject to subsection (j), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1997 policy and 
     management activities (including development and direction of 
     policy, training and education, and management) in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $26,155,000.
       (f) Site Operations.--Subject to subsection (j), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1997 for site operations in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $363,469,000, to be allocated as follows:
       (1) For operation and maintenance, $331,054,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $32,415,000, to be allocated as follows:
       Project 96-D-461, electrical distribution upgrade, Idaho 
     National Engineering Laboratory, Idaho, $6,790,000.
       Project 96-D-470, environmental monitoring laboratory, 
     Savannah River Site, Aiken, South Carolina, $2,500,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $8,541,000.
       Project 96-D-473, health physics site support facility, 
     Savannah River Site, Aiken, South Carolina, $2,000,000.
       Project 95-E-600, hazardous materials management and 
     emergency response training center, Richland, Washington, 
     $7,900,000.
       Project 95-D-155, upgrade site road infrastructure, 
     Savannah River, South Carolina, $4,137,000.
       Project 94-D-401, emergency response facility, Idaho 
     National Engineering Laboratory, Idaho, $547,000.
       (g) Environmental Science and Risk Policy.--Subject to 
     subsection (j), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1997 
     for environmental science and risk policy activities in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs in the 
     amount of $52,136,000.
       (h) Environmental Management Privatization.--Subject to 
     subsection (j), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1997 
     for environmental management privatization activities in 
     carrying out environmental restoration and waste management 
     necessary for national security programs in the amount of 
     $185,000,000.
       (i) Program Direction.--Subject to subsection (j), funds 
     are hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1997 for program direction in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $436,511,000.
       (j) Adjustments.--The total amount authorized to be 
     appropriated pursuant to this section is the sum of the 
     amounts authorized to be appropriated in subsections (a) 
     through (i) reduced by the sum of--
       (1) $150,400,000, for use of prior year balances; and
       (2) $8,000,000, for Savannah River Pension Refund.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1997 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $1,560,700,000, to be allocated as 
     follows:
       (1) For verification and control technology, $456,348,000, 
     to be allocated as follows:
       (A) For nonproliferation and verification research and 
     development, $204,919,000.
       (B) For arms control, $216,244,000.
       (C) For intelligence, $35,185,000.
       (2) For nuclear safeguards and security, $47,208,000.
       (3) For security investigations, $22,000,000.
       (4) For environment, safety, and health, defense, 
     $53,094,000.
       (5) For program direction, environment, safety, and health, 
     defense, $10,706,000.
       (6) For worker and community transition assistance, 
     $62,659,000.
       (7) For program direction, worker and community transition 
     assistance, $4,341,000.
       (8) For fissile materials $93,796,000, to be allocated as 
     follows:
       (A) For control and disposition, $73,163,000.
       (B) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, and 
     modification of facilities, and land acquisition related 
     thereto):
        Project 97-D-140, consolidated special nuclear materials 
     storage plant, location to be determined, $17,000,000.
       (C) For program direction, $3,633,000.
       (9) For emergency management, $16,794,000.
       (10) For program direction, nonproliferation and national 
     security, $90,622,000.
       (11) For naval reactors development, $681,932,000, to be 
     allocated as follows:
       (A) For operation and infrastructure, $649,330,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $13,700,000, to be allocated as follows:
       Project 97-D-201, advanced test reactor secondary coolant 
     system upgrades Idaho National Engineering Laboratory, Idaho, 
     $400,000.
       Project 95-D-200, laboratory systems and hot cell upgrades, 
     various locations, $4,800,000.
       Project 95-D-201, advanced test reactor radioactive waste 
     system upgrades, Idaho National Engineering Laboratory, 
     Idaho, $500,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors Facility, Idaho, $8,000,000.
       (C) For program direction, $18,902,000.
       (12) For international nuclear safety, $15,200,000.
       (13) For nuclear security, $6,000,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for payment to the 
     Nuclear Waste Fund established in section 302(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the 
     amount of $200,000,000.
                Subtitle B--Recurring General Provisions

     SEC. 3121. REPROGRAMMING.

       (a) In General.--Until the Secretary of Energy submits to 
     the congressional defense committees the report referred to 
     in subsection (b) and a period of 30 days has elapsed after 
     the date on which such committees receive the report, the 
     Secretary may not use amounts appropriated pursuant to this 
     title for any program--
       (1) in amounts that exceed, in a fiscal year--
       (A) 110 percent of the amount authorized for that program 
     by this title; or
       (B) $1,000,000 more than the amount authorized for that 
     program by this title; or
       (2) which has not been presented to, or requested of, 
     Congress.
       (b) Report.--(1) The report referred to in subsection (a) 
     is a report containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of such proposed action.
       (2) In the computation of the 30-day period under 
     subsection (a), there shall be excluded any day on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain.
       (c) Limitations.--(1) In no event may the total amount of 
     funds obligated pursuant to this title exceed the total 
     amount authorized to be appropriated by this title.
       (2) Funds appropriated pursuant to this title may not be 
     used for an item for which Congress has specifically denied 
     funds.

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

       (a) In General.--The Secretary of Energy may carry out any 
     construction project under the general plant projects 
     authorized by this title if the total estimated cost of the 
     construction project does not exceed $2,000,000.
       (b) Report to Congress.--If, at any time during the 
     construction of any general plant project authorized by this 
     title, the estimated cost of the project is revised because 
     of unforeseen cost variations and the revised cost of the 
     project exceeds $2,000,000, the Secretary shall immediately 
     furnish a complete report to the congressional defense 
     committees explaining the reasons for the cost variation.

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

       (a) In General.--(1) Except as provided in paragraph (2), 
     construction on a construction project may not be started or 
     additional obligations incurred in connection with the 
     project above the total estimated cost, whenever the current 
     estimated cost of the construction project, which is 
     authorized by section 3101, 3102, or 3103, or which is in 
     support

[[Page S6366]]

     of national security programs of the Department of Energy and 
     was authorized by any previous Act, exceeds by more than 25 
     percent the higher of--
       (A) the amount authorized for the project; or
       (B) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (2) An action described in paragraph (1) may be taken if--
       (A) the Secretary of Energy has submitted to the 
     congressional defense committees a report on the actions and 
     the circumstances making such action necessary; and
       (B) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (3) In the computation of the 30-day period under paragraph 
     (2), there shall be excluded any day on which either House of 
     Congress is not in session because of an adjournment of more 
     than 3 days to a day certain.
       (b) Exception.--Subsection (a) shall not apply to any 
     construction project which has a current estimated cost of 
     less than $5,000,000.

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be merged 
     with and be available for the same purposes and for the same 
     period as the authorizations of the Federal agency to which 
     the amounts are transferred.
       (b) Transfer Within Department of Energy; Limitations.--(1) 
     Subject to paragraph (2), the Secretary of Energy may 
     transfer funds authorized to be appropriated to the 
     Department of Energy pursuant to this title between any such 
     authorizations. Amounts of authorizations so transferred may 
     be merged with and be available for the same purposes and for 
     the same period as the authorization to which the amounts are 
     transferred.
       (2) Not more than five percent of any such authorization 
     may be transferred between authorizations under paragraph 
     (1). No such authorization may be increased or decreased by 
     more than five percent by a transfer under such paragraph.
       (3) The authority provided by this section to transfer 
     authorizations--
       (A) may only be used to provide funds for items relating to 
     weapons activities necessary for national security programs 
     that have a higher priority than the items from which the 
     funds are transferred; and
       (B) may not be used to provide authority for an item that 
     has been denied funds by Congress.
       (c) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives of any transfer of funds to or from 
     authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project. The Secretary 
     shall submit to Congress a report on each conceptual design 
     completed under this paragraph.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $2,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.
       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for such design must be specifically authorized by law.

     SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
                   CONSTRUCTION ACTIVITIES.

       (a) Authority.--The Secretary of Energy may use any funds 
     available to the Department of Energy pursuant to an 
     authorization in this title, including those funds authorized 
     to be appropriated for advance planning and construction 
     design under sections 3101, 3102, and 3103, to perform 
     planning, design, and construction activities for any 
     Department of Energy national security program construction 
     project that, as determined by the Secretary, must proceed 
     expeditiously in order to protect public health and safety, 
     to meet the needs of national defense, or to protect 
     property.
       (b) Limitation.--The Secretary may not exercise the 
     authority under subsection (a) in the case of any 
     construction project until the Secretary has submitted to the 
     congressional defense committees a report on the activities 
     that the Secretary intends to carry out under this section 
     and the circumstances making such activities necessary.
       (c) Specific Authority.--The requirement of section 
     3125(b)(2) does not apply to emergency planning, design, and 
     construction activities conducted under this section.

     SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
                   OF THE DEPARTMENT OF ENERGY.

       Subject to the provisions of appropriations Acts and 
     section 3121, amounts appropriated pursuant to this title for 
     management and support activities and for general plant 
     projects are available for use, when necessary, in connection 
     with all national security programs of the Department of 
     Energy.

     SEC. 3128. AVAILABILITY OF FUNDS.

       When so specified in an appropriations Act, amounts 
     appropriated for operation and maintenance or for plant 
     projects may remain available until expended.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

     SEC. 3131. TRITIUM PRODUCTION.

       (a) Acceleration of Tritium Production.--(1) The Secretary 
     of Energy shall, during fiscal year 1997, make a final 
     decision on the technologies to be utilized, and the 
     accelerated schedule to be adopted, for tritium production in 
     order to meet the requirements of the Nuclear Weapons 
     Stockpile Memorandum relating to tritium production, 
     including the new tritium production date of 2005 specified 
     in the Nuclear Weapons Stockpile Memorandum.
       (2) In making the final decision, the Secretary shall take 
     into account the following:
       (A) The requirements for tritium production specified in 
     the Nuclear Weapons Stockpile Memorandum, including, in 
     particular, the requirements for the ``upload hedge'' 
     component of the nuclear weapons stockpile.
       (B) The ongoing activities of the Department relating to 
     the evaluation and demonstration of technologies under the 
     accelerator reactor program and the commercial light water 
     reactor program.
       (b) Report.--(1) Not later than April 15, 1997, the 
     Secretary shall submit to the Congress a report that sets 
     forth the final decision of the Secretary under subsection 
     (a)(1). The report shall set forth in detail--
       (A) the technologies decided on under that subsection; and
       (B) the accelerated schedule for the production of tritium 
     decided on under that subsection.
       (2) If the Secretary determines that it is not possible to 
     make the final decision by the date specified in paragraph 
     (1), the Secretary shall submit to Congress on that date a 
     report that explains in detail why the final decision cannot 
     be made by that date.
       (c) New Tritium Production Facility.--The Secretary shall 
     commence planning and design activities and infrastructure 
     development for a new tritium production facility.
       (d) In-Reactor Tests.--The Secretary may perform in-reactor 
     tests of tritium target rods as part of the activities 
     carried out under the commercial light water reactor program.
       (e) Funding.--Of the funds authorized to be appropriated to 
     the Department of Energy pursuant to section 3101--
       (1) not more than $45,000,000 shall be available for 
     research, development, and technology demonstration 
     activities and other activities relating to the production of 
     tritium in accelerators; and
       (2) not more than $15,000,000 shall be available for the 
     commercial light water reactor project, including activities 
     relating to target development, extraction capability, and 
     reactor acquisition or initial tritium operations.

     SEC. 3132. MODERNIZATION AND CONSOLIDATION OF TRITIUM 
                   RECYCLING FACILITIES.

       (a) In General.--The Secretary of Energy shall carry out 
     activities to modernize and consolidate the facilities for 
     recycling tritium for weapons at the Savannah River Site, 
     South Carolina, so as to ensure that such facilities have a 
     capacity to recycle tritium from weapons that is adequate to 
     meet the requirements for tritium for weapons specified in 
     the Nuclear Weapons Stockpile Memorandum.
       (b) Funding.--Of the funds authorized to be appropriated to 
     the Department of Energy pursuant to section 3101, not more 
     than $6,000,000 shall be available for activities under 
     subsection (a).

     SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANUFACTURING 
                   INFRASTRUCTURE FOR REFABRICATION AND 
                   CERTIFICATION OF NUCLEAR WEAPONS STOCKPILE.

       (a) General Program Requirements.--Subsection (a) of 
     section 3137 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 620; 42 
     U.S.C. 2121 note) is amended--
       (1) by inserting ``(1)'' before ``The Secretary of 
     Energy'';
       (2) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively; and
       (3) by adding at the end the following:
       ``(2) The purpose of the program carried out under 
     paragraph (1) shall also be to develop manufacturing 
     capabilities and capacities necessary to meet the 
     requirements specified in the annual Nuclear Weapons 
     Stockpile Review.''.

[[Page S6367]]

       (b) Required Capabilities.--Subsection (b)(3) of such 
     section is amended to read as follows:
       ``(3) The capabilities of the Savannah River Site relating 
     to tritium recycling and fissile materials components 
     processing and fabrication.''.
       (c) Plan and Report.--Not later than March 1, 1997, the 
     Secretary of Energy shall submit to Congress a report 
     containing a plan for carrying out the program established 
     under section 3137(a) of the National Defense Authorization 
     Act for Fiscal Year 1996, as amended by this section. The 
     report shall set forth the obligations that the Secretary has 
     incurred, and proposes to incur, during fiscal year 1997 in 
     carrying out the program.
       (d) Funding.--Of the funds authorized to be appropriated 
     pursuant to section 3101(b), $5,000,000 shall be available 
     for carrying out the program established under section 
     3137(a) of the National Defense Authorization Act for Fiscal 
     Year 1996, as so amended.

     SEC. 3134. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH 
                   AND DEVELOPMENT PURPOSES.

       (a) Limitation.--No funds appropriated or otherwise made 
     available to the Department of Energy for fiscal year 1997 
     under section 3101 may be obligated or expended for 
     activities under the Department of Energy Laboratory Directed 
     Research and Development Program, or under any Department of 
     Energy technology transfer program or cooperative research 
     and development agreement, unless such activities support the 
     national security mission of the Department of Energy.
       (b) Annual Report.--(1) The Secretary of Energy shall 
     annually submit to the congressional defense committees a 
     report on the funds expended during the preceding fiscal year 
     on activities under the Department of Energy Laboratory 
     Directed Research and Development Program. The purpose of the 
     report is to permit an assessment of the extent to which such 
     activities support the national security mission of the 
     Department of Energy.
       (2) Each report shall be prepared by the officials 
     responsible for Federal oversight of the funds expended on 
     activities under the program.
       (3) Each report shall set forth the criteria utilized by 
     the officials preparing the report in determining whether or 
     not the activities reviewed by such officials support the 
     national security mission of the Department.

     SEC. 3135. ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL 
                   NUCLEAR WASTE AT THE DEFENSE WASTE PROCESSING 
                   FACILITY, SAVANNAH RIVER SITE.

       The Secretary of Energy shall accelerate the schedule for 
     the isolation of high-level nuclear waste in glass canisters 
     at the Defense Waste Processing Facility at the Savannah 
     River Site if the Secretary determines that the acceleration 
     of such schedule--
       (1) will achieve long-term cost savings to the Federal 
     Government; and
       (2) could accelerate the removal and isolation of high-
     level nuclear waste from long-term storage tanks at the site.

     SEC. 3136. PROCESSING OF HIGH-LEVEL NUCLEAR WASTE AND SPENT 
                   NUCLEAR FUEL RODS.

       (a) In General.--In order to provide for an effective 
     response to requirements for managing spent nuclear fuel that 
     is sent to Department of Energy consolidation sites pursuant 
     to the Department of Energy Programmatic Spent Nuclear Fuel 
     Management and Idaho National Engineering Laboratory 
     Environmental Restoration and Waste Management Programs Final 
     Environmental Impact Statement, dated April 1995, there shall 
     be available to the Secretary of Energy, from amounts 
     authorized to be appropriated pursuant to section 3102, the 
     following amounts for the purposes stated:
       (1) Not more than $43,000,000 for the development and 
     implementation of a program for the processing, reprocessing, 
     separation, reduction, isolation, and interim storage of 
     high-level nuclear waste associated with Department of Energy 
     aluminum clad spent fuel rods and foreign spent fuel rods in 
     the H-canyon facility and F-canyon facility.
       (2) Not more than $15,000,000 for the development and 
     implementation of a program for the treatment, preparation, 
     and conditioning of high-level nuclear waste associated with 
     Department of Energy stainless steel spent nuclear fuel rods 
     (including naval spent nuclear fuel) for interim storage and 
     final disposition.
       (b) Update of Implementation Plan.--Not later than April 
     30, 1997, the Secretary shall submit to Congress a plan which 
     updates the five-year plan required by section 3142(b) of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 622). The updated plan shall 
     include--
       (1) the matters required by paragraphs (1) through (4) of 
     such section, current as of the date of the updated plan; and
       (2) the assessment of the Secretary of the progress made in 
     implementing the program covered by the plans.

     SEC. 3137. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS 
                   CRITICAL TO DEPARTMENT OF ENERGY NUCLEAR 
                   WEAPONS COMPLEX.

       (a) Funding.--Subject to subsection (b), of the funds 
     authorized to be appropriated pursuant to section 3101(b), 
     $5,000,000 may be used for conducting the fellowship program 
     for the development of skills critical to the ongoing mission 
     of the Department of Energy nuclear weapons complex required 
     by section 3140 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 621; 42 
     U.S.C. 2121 note).
       (b) Notice and Wait.--The Secretary of Energy may not 
     obligate or expend funds under subsection (a) for the 
     fellowship program referred to in that subsection until--
       (1) the Secretary submits to Congress a report setting 
     forth--
       (A) the steps the Department has taken to implement the 
     fellowship program;
       (B) the amount the Secretary proposes to obligate; and
       (C) the purposes for which such amount will be obligated; 
     and
       (2) a period of 21 days elapses from the date of the 
     receipt of the report by Congress.
                       Subtitle D--Other Matters

     SEC. 3151. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET FOR THE 
                   NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF 
                   ENERGY.

       (a) Requirement.--The Secretary of Energy shall prepare 
     each year a budget for the national security programs of the 
     Department of Energy for the five-year period beginning in 
     the year the budget is prepared. Each budget shall contain 
     the estimated expenditures and proposed appropriations 
     necessary to support the programs, projects, and activities 
     of the national security programs during the five-year period 
     covered by the budget and shall be at a level of detail 
     comparable to that contained in the budget submitted by the 
     President to Congress under section 1105 of title 31, United 
     States Code.
       (b) Submittal.--The Secretary shall submit each year to the 
     congressional defense committees the budget required under 
     subsection (a) in that year at the same time as the President 
     submits to Congress the budget for the coming fiscal year 
     pursuant to such section 1105.

     SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS 
                   ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER 
                   FISCAL YEAR 1997.

       (a) In General.--The weapons activities budget of the 
     Department of Energy for any fiscal year after fiscal year 
     1997 shall--
       (1) set forth with respect to each of the activities under 
     the budget (including stockpile stewardship, stockpile 
     management, and program direction) the funding requested to 
     carry out each project or activity that is necessary to meet 
     the requirements of the Nuclear Weapons Stockpile Memorandum; 
     and
       (2) identify specific infrastructure requirements arising 
     from the Nuclear Posture Review, the Nuclear Weapons 
     Stockpile Memorandum, and the programmatic and technical 
     requirements associated with the review and memorandum.
       (b) Required Detail.--The Secretary of Energy shall include 
     in the materials that the Secretary submits to Congress in 
     support of the budget for any fiscal year after fiscal year 
     1997 that is submitted by the President pursuant to section 
     1105 of title 31, United States Code, the following:
       (1) A long-term program plan, and a near-term program plan, 
     for the certification and stewardship of the nuclear weapons 
     stockpile.
       (2) An assessment of the effects of the plans referred to 
     in paragraph (1) on each nuclear weapons laboratory and each 
     nuclear weapons production plant.
       (c) Definitions.--In this section:
       (1) The term ``Nuclear Posture Review'' means the 
     Department of Defense Nuclear Posture Review as contained in 
     the report of the Secretary of Defense to the President and 
     the Congress dated February 19, 1995, or in subsequent such 
     reports.
       (2) The term ``nuclear weapons laboratory'' means the 
     following:
       (A) Lawrence Livermore National Laboratory, California.
       (B) Los Alamos National Laboratory, New Mexico.
       (C) Sandia National Laboratories.
       (3) The term ``nuclear weapons production plant'' means the 
     following:
       (A) The Pantex Plant.
       (B) The Savannah River Site.
       (C) The Kansas City Plant, Missouri.
       (D) The Y-12 Plant, Oak Ridge, Tennessee.

     SEC. 3153. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING 
                   PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.

       Section 3151 of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3089) is 
     repealed.

     SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS NUCLEAR MATERIALS 
                   AND CLEAN UP NUCLEAR WASTE AT THE SAVANNAH 
                   RIVER SITE.

       (a) Near-Term Plan for Processing Spent Fuel Rods.--(1) Not 
     later than March 15, 1997, the Secretary of Energy shall 
     submit to Congress a plan for a near-term program to process 
     the spent nuclear fuel rods described in paragraph (2) in the 
     H-canyon facility and the F-canyon facility at the Savannah 
     River Site. The plan shall include cost projections and 
     resource requirements for the program and identify program 
     milestones for the program.
       (2) The spent nuclear fuel rods to be processed under the 
     program referred to in paragraph (1) are the following:
       (A) Spent nuclear fuel rods produced at the Savannah River 
     Site.
       (B) Spent nuclear fuel rods being sent to the site from 
     other Department of Energy facilities for processing, interim 
     storage, and other treatment.
       (C) Foreign nuclear spent fuel rods being sent to the site 
     for processing, interim storage, and other treatment.

[[Page S6368]]

       (b) Multi-Year Plan for Clean-Up at Site.--The Secretary 
     shall develop and implement a multi-year plan for the clean-
     up of nuclear waste at the Savannah River Site that results, 
     or has resulted, from the following:
       (1) Nuclear weapons activities carried out at the site.
       (2) The processing of Department of Energy domestic and 
     foreign spent nuclear fuel rods at the site.
       (c) Requirement for Continuing Operations.--The Secretary 
     shall continue operations and maintain a high state of 
     readiness at the H-canyon facility and the F-canyon facility 
     at the Savannah River Site, and shall provide technical staff 
     necessary to operate and so maintain such facilities, pending 
     the development and implementation of the plan referred to in 
     subsection (b).

     SEC. 3155. UPDATE OF REPORT ON NUCLEAR TEST READINESS 
                   POSTURES.

       Not later than February 15, 1997, the Secretary of Energy 
     shall submit to Congress a report which updates the report 
     submitted by the Secretary under section 3152 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 623). The updated report shall include the 
     matters specified under such section, current as of the date 
     of the updated report.

     SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR 
                   WEAPONS LABORATORIES AND NUCLEAR WEAPONS 
                   PRODUCTION PLANTS.

       (a) Reports by Heads of Laboratories and Plants.--In the 
     event of a difficulty at a nuclear weapons laboratory or a 
     nuclear weapons production plant that has a significant 
     bearing on confidence in the safety or reliability of a 
     nuclear weapon or nuclear weapon type, the head of the 
     laboratory or plant, as the case may be, shall submit to the 
     Assistant Secretary of Energy for Defense Programs a report 
     on the difficulty. The head of the laboratory or plant shall 
     submit the report as soon as practicable after discovery of 
     the difficulty.
       (b) Transmittal by Assistant Secretary.--As soon as 
     practicable after receipt of a report under subsection (a), 
     the Assistant Secretary shall transmit the report (together 
     with the comments of the Assistant Secretary) to the 
     congressional defense committees and to the Secretary of 
     Energy and the Secretary of Defense.
       (c) Reports by Nuclear Weapons Council.--Section 179 of 
     title 10, United States Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) In addition to the responsibilities set forth in 
     subsection (d), the Council shall also submit to Congress a 
     report on any analysis conducted by the Council with respect 
     to difficulties at nuclear weapons laboratories or nuclear 
     weapons production plants that have significant bearing on 
     confidence in the safety or reliability of nuclear weapons or 
     nuclear weapon types.''.
       (d) Definitions.--In this section:
       (1) The term ``nuclear weapons laboratory'' means the 
     following:
       (A) Lawrence Livermore National Laboratory, California.
       (B) Los Alamos National Laboratory, New Mexico.
       (C) Sandia National Laboratories.
       (2) The term ``nuclear weapons production plant'' means the 
     following:
       (A) The Pantex Plant.
       (B) The Savannah River Site.
       (C) The Kansas City Plant, Missouri.
       (D) The Y-12 Plant, Oak Ridge, Tennessee.

     SEC. 3157. EXTENSION OF APPLICABILITY OF NOTICE-AND-WAIT 
                   REQUIREMENT REGARDING PROPOSED COOPERATION 
                   AGREEMENTS.

       Section 3155(b) of the National Defense Authorization Act 
     for Fiscal Year 1995 (42 U.S.C. 2153 note) is amended by 
     striking out ``October 1, 1996'' and inserting in lieu 
     thereof ``December 31, 1997''.

     SEC. 3158. REDESIGNATION OF DEFENSE ENVIRONMENTAL RESTORATION 
                   AND WASTE MANAGEMENT PROGRAM AS DEFENSE NUCLEAR 
                   WASTE MANAGEMENT PROGRAM.

       (a) Redesignation of Program.--(1) The program of the 
     Department of Energy known as the Defense Environmental 
     Restoration and Waste Management Program, and also known as 
     the Environmental Management Program, shall be known as the 
     Defense Nuclear Waste Management Program of the Department of 
     Energy.
       (2) Any reference to the program of the Department of 
     Energy known as the Defense Environmental Restoration and 
     Waste Management Program, and also known as the Environmental 
     Management Program, in any Federal law, Executive order, 
     regulation, delegation of authority, or document of or 
     pertaining to the Department of Energy or the Department of 
     Defense shall be deemed to refer to the Defense Nuclear Waste 
     Management Program of the Department of Energy.
       (b) Redesignation of Assistant Secretary of Energy.--(1) 
     The Assistant Secretary of Energy appointed under section 
     203(a) of the Department of Energy Organization Act (42 
     U.S.C. 7133(a)) who is responsible for the program of the 
     Department of Energy known as the Defense Environmental 
     Restoration and Waste Management Program, and also known as 
     the Environmental Management Program, shall be known as the 
     Assistant Secretary of Energy for Defense Nuclear Waste 
     Management.
       (2) Any reference to the Assistant Secretary of Energy 
     described in paragraph (1) in any Federal law, Executive 
     order, regulation, delegation of authority, or document of or 
     pertaining to the Department of Energy or the Department of 
     Defense shall be deemed to refer to the Assistant Secretary 
     of Energy for Defense Nuclear Waste Management.
       (c) Redesignation of Account.--(1) Subsection (a) of 
     section 3134 of the National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1575; 42 U.S.C. 7274f) is amended by striking out ``Defense 
     Environmental Restoration and Waste Management Account'' and 
     inserting in lieu thereof ``Defense Nuclear Waste Management 
     Account''.
       (2) The section heading of such section is amended to read 
     as follows:

     ``SEC. 3134. DEFENSE NUCLEAR WASTE MANAGEMENT ACCOUNT.''.

       (d) Report on Redesignation.--Not later than January 31, 
     1997, the Secretary of Energy shall submit to congressional 
     defense committees a report on the redesignations to be made 
     under this section. The report shall estimate the costs, if 
     any, to the Department of Energy of the redesignations to be 
     made under this section and describe any potential problems 
     for the Department arising from such redesignations.
       (e) Effective Date.--This section and the amendments made 
     by subsection (c) shall take effect on October 1, 1997.

     SEC. 3159. COMMISSION ON MAINTAINING UNITED STATES NUCLEAR 
                   WEAPONS EXPERTISE.

       (a) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Maintaining 
     United States Nuclear Weapons Expertise'' (in this section 
     referred to as the ``Commission'').
       (b) Organizational Matters.--(1)(A) The Commission shall be 
     composed of nine members appointed from among individuals in 
     the public and private sectors who have significant 
     experience in matters relating to nuclear weapons as follows:
       (i) Two shall be appointed by the Majority Leader of the 
     Senate (in consultation with the Minority Leader of the 
     Senate).
       (ii) One shall be appointed by the Minority Leader of the 
     Senate (in consultation with the Majority Leader of the 
     Senate).
       (iii) Two shall be appointed by the Speaker of the House of 
     Representatives (in consultation with the Minority Leader of 
     the House of Representatives).
       (iv) One shall be appointed by the Minority Leader of the 
     House of Representatives (in consultation with the Speaker of 
     the House of Representatives).
       (v) Three shall be appointed by the Secretary of Energy.
       (B) Members shall be appointed for the life of the 
     Commission. Any vacancy in the Commission shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment.
       (C) The chairman of the Commission shall be designated from 
     among the members of the Commission appointed under 
     subparagraph (A) by the Majority Leader of the Senate, in 
     consultation with the Minority Leader of the Senate.
       (2) The members of the Commission shall establish 
     procedures for the activities of the Commission, including 
     procedures for calling meetings, requirements for quorums, 
     and the manner of taking votes.
       (c) Duties.--(1) The Commission shall develop a plan for 
     recruiting and retaining within the Department of Energy 
     nuclear weapons complex such scientific, engineering, and 
     technical personnel as the Commission determines appropriate 
     in order to permit the Department to maintain over the long 
     term a safe and reliable nuclear weapons stockpile without 
     engaging in underground testing.
       (2) In developing the plan, the Commission shall--
       (A) identify actions that the Secretary may undertake to 
     attract qualified scientific, engineering, and technical 
     personnel to the nuclear weapons complex of the Department; 
     and
       (B) review and recommend improvements to the on-going 
     efforts of the Department to attract such personnel to the 
     nuclear weapons complex.
       (d) Report.--Not later than March 15, 1998, the Commission 
     shall submit to the Secretary and to Congress a report 
     containing the plan developed under subsection (c). The 
     report may include recommendations for legislation and 
     administrative action.
       (e) Commission Personnel Matters.--(1) Each member of the 
     Commission who is not an officer or employee of the Federal 
     Government shall be compensated at a rate equal to the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which such member is engaged in the performance 
     of the duties of the Commission. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) The members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission.

[[Page S6369]]

       (3) The Commission may, without regard to the civil service 
     laws and regulations, appoint and terminate such personnel as 
     may be necessary to enable the Commission to perform its 
     duties. The Commission may fix the compensation of the 
     personnel of the Commission without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (4) Any Federal Government employee may be detailed to the 
     Commission without reimbursement, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (f) Termination.--The Commission shall terminate 30 days 
     after the date on which the Commission submits its report 
     under subsection (d).
       (g) Applicability of FACA.--The provisions of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     activities of the Commission.
       (h) Funding.--Of the amounts authorized to be appropriated 
     pursuant to section 3101, not more than $1,000,000 shall be 
     available for the activities of the Commission under this 
     section. Funds made available to the Commission under this 
     section shall remain available until expended.

     SEC. 3160. SENSE OF SENATE REGARDING RELIABILITY AND SAFETY 
                   OF REMAINING NUCLEAR FORCES.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States is committed to proceeding with a 
     robust science-based stockpile stewardship program with 
     respect to production of nuclear weapons, and to maintaining 
     nuclear weapons production capabilities and capacities, that 
     are adequate--
       (A) to ensure the safety, reliability, and performance of 
     the United States nuclear arsenal; and
       (B) to meet such changing national security requirements as 
     may result from international developments or technical 
     problems with nuclear warheads.
       (2) The United States is committed to reestablishing and 
     maintaining production of nuclear weapons at levels that are 
     sufficient--
       (A) to satisfy requirements for the safety, reliability, 
     and performance of United States nuclear weapons; and
       (B) to demonstrate and sustain production capabilities and 
     capacities.
       (3) The United States is committed to maintaining the 
     nuclear weapons laboratories and protecting core nuclear 
     weapons competencies.
       (4) The United States is committed to ensuring the rapid 
     access to a new production source of tritium within the next 
     decade, as it currently has no meaningful capability to 
     produce tritium, a component that is essential to the 
     performance of modern nuclear weapons.
       (5) The United States reserves the right, consistent with 
     United States law, to resume underground nuclear testing to 
     maintain confidence in the United States' stockpile of 
     nuclear weapons if warhead design flaws or aging of nuclear 
     weapons result in problems that a robust stockpile 
     stewardship program cannot solve.
       (6) The United States is committed to funding the Nevada 
     Test Site at a level that maintains the ability of the United 
     States to resume underground nuclear testing within one year 
     after a national decision to do so is made.
       (7) The United States reserves the right to invoke the 
     supreme national interest of the United States and withdraw 
     from any future arms control agreement to limit underground 
     nuclear testing.
       (b) Sense of the Senate Regarding Presidential Consultation 
     With Congress.--It is the sense of the Senate that the 
     President should consult closely with Congress regarding 
     United States policy and practices to ensure confidence in 
     the safety and reliability of the nuclear stockpile of the 
     United States.
       (c) Sense of the Senate Regarding Notification and 
     Consultation.--It is the sense of the Senate that, upon a 
     determination by the President that a problem with the safety 
     or reliability of the nuclear stockpile has occurred and that 
     the problem cannot be corrected within the stockpile 
     stewardship program, the President shall--
       (1) immediately notify Congress of the problem; and
       (2) submit to Congress in a timely manner a plan for 
     corrective action with respect to the problem, including--
       (A) a technical description of the activities required 
     under the plan; and
       (B) if underground testing of nuclear weapons would assist 
     in such corrective action, an assessment of advisability of 
     withdrawing from any treaty that prohibits underground 
     testing of nuclear weapons.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     1997, $17,000,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

       (a) Obligations Authorized.--During fiscal year 1997, the 
     National Defense Stockpile Manager may obligate up to 
     $60,000,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date Congress receives the 
     notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE 
                   STOCKPILE.

       (a) Disposal Required.--The President shall dispose of 
     materials contained in the National Defense Stockpile and 
     specified in the table in subsection (b) so as to result in 
     receipts to the United States in amounts equal to--
       (1) $338,000,000 during the five-fiscal year period ending 
     on September 30, 2001; and
       (2) $649,000,000 during the seven-fiscal year period ending 
     on September 30, 2003.
       (b) Limitation on Disposal Quantity.--The total quantities 
     of materials authorized for disposal by the President under 
     subsection (a) may not exceed the amounts set forth in the 
     following table:


                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
   Material for disposal                              Quantity          
------------------------------------------------------------------------
Aluminum..................................  62,881 short tons           
Cobalt....................................  30,000,000 pounds contained 
Columbium Ferro...........................  930,911 pounds contained    
Germanium Metal...........................  40,000 kilograms            
Indium....................................  35,000 troy ounces          
Palladium.................................  15,000 troy ounces          
Platinum..................................  10,000 troy ounces          
Rubber, Natural...........................  125,138 long tons           
Tantalum, Carbide Powder..................  6,000 pounds contained      
Tantalum, Minerals........................  750,000 pounds contained    
Tantalum, Oxide...........................  40,000 pounds contained     
------------------------------------------------------------------------

       (c) Deposit of Receipts.--(1) Notwithstanding section 9 of 
     the Strategic and Critical Materials Stock Piling Act (50 
     U.S.C. 98h) and except as provided in paragraph (2), funds 
     received as a result of the disposal of materials under 
     subsection (a) shall be deposited into the general fund of 
     the Treasury.
       (2) Funds received as a result of such disposal in excess 
     of the amount of receipts specified in subsection (a)(2) 
     shall be deposited in the National Defense Stockpile 
     Transaction Fund established by section 9(a) of that Act.
       (d) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding the 
     materials specified in such subsection.
       (e) Definition.--The term ``National Defense Stockpile'' 
     means the National Defense Stockpile provided for in section 
     4 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98c).
                 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.

[[Page S6370]]

                  TITLE XXXV--PANAMA CANAL COMMISSION

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Panama Canal Commission 
     Authorization Act for Fiscal Year 1997''.

     SEC. 3502. AUTHORIZATION OF EXPENDITURES.

       (a) In General.--Subject to subsection (b), the Panama 
     Canal Commission is authorized to make such expenditures 
     within the limits of funds and borrowing authority available 
     to it in accordance with law, and to make such contracts and 
     commitments, to be derived from the Panama Canal Commission 
     Revolving Fund, as may be necessary under the Panama Canal 
     Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, 
     maintenance, improvement, and administration of the Panama 
     Canal for fiscal year 1997.
       (b) Limitations.--For fiscal year 1997, the Panama Canal 
     Commission may expend from funds in the Panama Canal 
     Revolving Fund not more than $73,000 for reception and 
     representation expenses, of which--
       (1) not more than $18,000 may be used for official 
     reception and representation expenses of the Supervisory 
     Board of the Commission;
       (2) not more than $10,000 may be used for official 
     reception and representation expenses of the Secretary of the 
     Commission; and
       (3) not more than $45,000 may be used for official 
     reception and representation expenses of the Administrator of 
     the Commission.

     SEC. 3503. PURCHASE OF VEHICLES.

       Notwithstanding any provision of law relating to purchase 
     of vehicles by agencies of the Federal Government, funds 
     available to the Panama Canal Commission shall be available 
     for the purchase of, and for transportation to the Republic 
     of Panama of, passenger motor vehicles, including large, 
     heavy-duty vehicles.

     SEC. 3504. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.

       Expenditures authorized under this title may be made only 
     in accordance with the Panama Canal Treaties of 1977 and any 
     law of the United States implementing those treaties.

  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina [Mr. Thurmond] 
is recognized.
  Mr. THURMOND. Mr. President, today, the Senate begins consideration 
of S. 1745, the national defense authorization bill for fiscal year 
1997. In crafting this important legislation, the Committee on Armed 
Services placed the national security interests of the United States 
and the strength of our Armed Forces above other considerations. The 
national defense authorization bill for fiscal year 1997 reflects the 
committee's bipartisan approach to these overarching priorities, and 
provides a clear basis and direction for U.S. national security 
policies and programs into the 21st century.
  Mr. President, I would like to thank the distinguished ranking member 
of the Committee on Armed Services, Senator Nunn, for his outstanding 
leadership and cooperation in the formulation of this bill. It has been 
a singular privilege and honor for me to work with Senator Nunn over 
many years on the Armed Services Committee. I very much regret that 
this will be his last defense authorization bill, and hope that this 
bill will serve as a clear legacy to Senator Nunn's enduring 
contributions to the U.S. Armed Forces and this Nation's security.
  I would also like to recognize the distinguished contributions to 
national security of Senator Cohen and Senator Exon. This bill is also 
the last defense authorization bill for these two outstanding Senators, 
and I would like to thank them for their dedication to and support of 
our Armed Forces.
  Mr. President, the following priorities were our roadmap in 
formulating this authorization bill:
  Ensuring national security and the status of the United States as the 
world's preeminent military power; protecting the readiness of our 
Armed Forces; enhancing the quality of life of military personnel and 
their families; ensuring U.S. military superiority by continuing to 
fund a more robust, progressive modernization program to provide 
required capabilities for the future; accelerating the development and 
deployment of missile defense systems; and preserving the shipbuilding 
and submarine industrial base.
  I am satisfied that this bill does a good job in fulfilling these 
priorities. Let me mention some of its highlights:
  The bill gives our service personnel a well-deserved 3-percent pay 
raise and 4-percent raise in quarters allowance, effective January 1, 
1997.
  It authorizes the award of the Congressional Medal of Honor to seven 
African-Americans who served during World War II.
  The bill contains provisions to enhance our ability to protect our 
military forces from ballistic missile attacks.
  It adds essential funding for the modernization of our Armed Forces, 
including: $40 million for the Marine Corps to develop revolutionary 
operational concepts and technologies through a warfighting laboratory 
known as Sea Dragon; a funding program for the Army's Force 21 
initiatives to expedite the acquisition and evaluation of new equipment 
and associated technology for the future force; and $997 million for 
advance procurement and construction of the next two nuclear attack 
submarines.

  The bill also adds $1.2 billion to increase the readiness funding for 
otherwise unfunded priorities of the service chiefs, and it adds $150 
million in funding for the Department of Defense's activities to combat 
the flow of illegal drugs into the United States.
  Mr. President, I wish I could say that the national defense 
authorization bill for fiscal year 1997 is a major step in the road to 
recovery for our Armed Forces. It is not. However, this bill does a 
much better job than the President's budget request in funding our 
Armed Forces. By offsetting the President's requested decreases in 
certain key programs, this bill enhances our national security, while 
still authorizing $7.4 billion less in real defense spending than last 
year's bill.
  The main shortcoming in the President's budget request is its wholly 
inadequate funding for procurement. Our service chiefs, whose primary 
responsibility is to ensure that our forces are prepared and equipped 
to defeat any adversary, have repeatedly warned about increasing risks 
due to the low level of procurement. Our combatant commanders, who rely 
on adequately prepared and equipped forces to conduct military 
operations, have said the same. Further, General Shalikashvili, who as 
Chairman of the Joint Chiefs is specifically directed to serve ``as the 
spokesman for the combatant commanders, especially on the operational 
requirements of their commands,'' has this to say about procurement: 
``We must commit ourselves to a sufficient procurement goal, a goal I 
judge to be approximately $60 billion annually.'' Yet, despite the 
advice of his principal military adviser, the President requested only 
$39 billion for procurement. The Committee on Armed Services added $7.7 
billion to this requested amount for procurement. To do any less would 
be to ignore the very advice we have charged our military leaders to 
provide.
  As for the administration's repeated promises to compensate by 
increasing procurement in future years, the testimony of Admiral Owens, 
then-Chairman of the Joint Requirements Oversight Council, is 
revealing:

       [The administration said that in 1994] procurement would be 
     at 64 billion. Of course, what really happened was that it 
     went to 48 billion . . . and in 1995, [the administration] 
     said [procurement] was going to 55 billion. But, in fact, 
     what really happened was 46 billion. [The administration] 
     promised [again] it would go up. [But] in 1996, we're . . . 
     down to 39 billion and [the administration is] promising . . 
     . it will go up.

  As the saying goes, You don't learn much from the second kick of a 
mule. Or maybe I should say ``donkey.'' This administration's record is 
so bad, the Congress simply has no reason to believe that if we lower 
defense spending, the President will make up for it in future years.
  Mr. President, some of my colleagues may feel that this is a time 
when we can afford to cut defense spending. In fact, history teaches us 
the opposite. We have always enjoyed a period of relative calm before 
the winds of war. With the lethal technologies, emergence of fanatical 
movements, and proliferation of weapons of mass destruction that exist 
today, we do not have the luxury of investing in our military after the 
fact. We must remain ready and fully capable, both to deter and defeat. 
Although we cannot--and should not--commit to every conflict where we 
might have an interest, we must be able to dominate those where we 
clearly do have vital national security interests. Imagine what this 
world would be like without United States involvement and leadership in 
World Wars I and II, the Korean war, and the Persian Gulf war. Without 
a strong military, our identity as Americans would be a shadow of what 
it is today.

[[Page S6371]]

  Then, there are those who think that our military capabilities should 
depend solely on the threat. Their familiar refrain is: Where is the 
threat? What threat? That is exactly the point. What they see now is 
the result of a commitment to a strong defense in the past. When they 
do see a threat, it will be because of a lack of commitment to 
adequately fund our military today. As General Reimer, Army Chief of 
Staff, aptly says, ``History shows that those who wish to threaten us 
will do so at our weakest point * * *. They will seek to exploit a 
perceived lack of U.S. commitment.''
  Mr. President, our Armed Forces continue to suffer from a decline in 
size and spending levels. Fiscal year 1997 will witness the 12th 
straight decrease in defense funding, which has declined 41 percent 
since 1985. Some of my colleagues may not know what happened the last 
time our defense budget was this low. Let me tell them. Repeated budget 
cuts in the late 1940's, and their deleterious effects on our Armed 
Forces, served as a virtual invitation for aggression in Korea. By the 
time we saw this threat, it was too late. As described by former Army 
Chief of Staff, Gen. Creighton Abrams:

       We paid dearly for unpreparedness during those early days 
     in Korea with our most precious currency--the lives of our 
     young men. The monuments we raise to their heroism and 
     sacrifice are really monuments we owe to ourselves for our 
     blindness to reality, for our indifference to real threats to 
     our security, and . . . for our wishful thinking about how 
     war would not come.

  In Korea, we suffered nearly 50,000 American dead and had to settle 
for an embarrassing stalemate. Indeed, that war has yet to officially 
end, and we are still living with its consequences.
  Some saw Korea as a military embarrassment. But it was, in fact, a 
political embarrassment. Our lack of military readiness was a result of 
our lack of political commitment. I fear we may be laying the seeds for 
another Korea. Are we willing to suffer another such war?
  Mr. President, this bill is a sound bill. It provides a foundation to 
build on to prepare our Nation's Armed Forces to meet the challenges of 
the 21st century. I urge my colleagues to join the members of the 
Committee on Armed Services, who voted this bill out of committee 20 to 
0, and pass this bill with a strong bipartisan vote. Of special note, 
the committee vote reflects a consensus that the issue of national 
missile defense policy should be dealt with only in connection with S. 
1635, the Defend America Act. Accordingly, I strongly urge my 
colleagues to refrain from offering amendments relating to national 
missile defense policy to the defense authorization bill. If Members on 
either side of the aisle wish to debate national missile defense 
policy, I suggest we proceed to consideration of S. 1635 as soon as 
possible following passage of the defense authorization bill.
  Mr. President, I would like to remind my colleagues that any 
amendments to the defense authorization bill that would increase 
authorizations for defense spending should be accompanied by offsetting 
reductions. Finally, Mr. President, because the Armed Services 
Committee marked up this bill before the approval of this year's budget 
resolution, we marked to the defense allocation for fiscal year 1997 
contained in last year's budget resolution. I want to assure the Senate 
that the amount authorized for defense will conform to the funding 
level designated in this year's budget resolution when we complete the 
conference on this bill.
  I thank the Chair, and yield the floor.


                         Privilege of the Floor

  Mr. REID. Mr. President, I ask unanimous consent that Jerry Reed, a 
congressional fellow in my office, have the privilege of the floor 
during the consideration of this bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THURMOND. Mr. President, Senator Nunn is expected to be here 
momentarily to make his opening statement. I expect that other Members 
will follow thereafter. We want to get as many statements completed 
during these initial hours as possible.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
senior Senator from West Virginia is recognized.
  Mr. BYRD. Mr. President, I ask unanimous consent that I may proceed 
as if in morning business for the purpose of introducing a bill and 
making a statement thereon that will not exceed 10 minutes.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. BYRD. I thank the Chair. I thank the managers of the pending 
measure.
  (The remarks of Mr. Byrd pertaining to the introduction of S. 1881 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. BYRD. Mr. President, I yield the floor and suggest the absence of 
a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. NUNN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Georgia has the floor.
  Mr. NUNN. Mr. President, as we begin debate on the National Defense 
Authorization Act for fiscal year 1997, I first express my deep 
appreciation to Senator Thurmond, the chairman of the committee, for 
the bipartisan process under his leadership that was followed in 
marking up this legislation.
  I also thank Senator Thurmond for the very gracious remarks he made 
about me. This is my last Defense authorization bill that I will be 
helping to manage on the floor, and I deeply appreciate his remarks 
but, most of all, his friendship and his leadership and his stalwart 
support of national security for the entire time I have been in the 
U.S. Senate and really for many years before.
  I express my appreciation to Les Brownlee, the majority staff 
director, and the other members of the majority staff, for their hard 
work and cooperation during markup.
  Of course, I add my deep appreciation, on a continuing basis, to 
Arnold Punaro, minority staff director, as well as all members of the 
minority staff working with Mr. Punaro.
  The Armed Services Committee has a long tradition of members working 
across the aisle in the interest of national defense, and that was 
fully reflected in the process that was used to develop the bill now 
before us. So, Mr. President, I say to Senator Thurmond, I am very 
grateful to him and to his staff.
  We have had and will continue to have issues on which there are sharp 
differences of opinion between Senators on that side of the aisle and 
this side of the aisle, and between Senators on both sides of the aisle 
among themselves. It is not simply a breakdown of Democrats versus 
Republicans. There are a lot of individual views on defense, and that 
is how it should be on a defense bill, as important as it is, as much 
money is involved and as much is at stake, which is, indeed, the stake 
of our national security and our freedom.
  Those differences, however, should not obscure the fact there is a 
broad consensus in favor of the key features of this bill. Mr. 
President, there is strong support for provisions in the bill that 
enhance the quality of life for our men and women in uniform and their 
families, including a 3-percent pay raise, a 4-percent increase in 
basic allowance quarters, revised allowances for single personnel and 
for couples in which both spouses are members of the Armed Forces, and 
increased funding for military construction pertaining to family 
housing, unaccompanied personnel housing, dining facilities and, most 
important, child development centers.
  The bill also continues many of the committee's key initiatives over 
the last decade, including modernization of weapons systems and support 
for programs essential to the readiness of our military forces.
  Mr. President, there will certainly be a lot of controversy about the 
funding level in this bill, and I am sure we will have amendments to 
try to reduce the funding level of the bill. Let me state, I believe 
the overall funding level of

[[Page S6372]]

$267.4 billion represents a prudent increase by the committee to the 
administration's budget request. It is slightly higher than the $265.6 
billion that is contained in the conference report on the budget 
resolution because that budget resolution contains later information 
related to inflation. These differences will not require any major 
readjustment of the committee's priority, but we will need to reduce 
either on the floor or in conference this bill from $267.4 to $265.6 
billion, which is our guideline given to us by the budget resolution 
passed by both the House and the Senate.

  I hope that my colleagues on both sides of the funding question will 
recognize that even with this plus-up of the Clinton administration's 
budget, this bill still represents a real decrease in spending from 
last year. So I am sure, as usual, all the reports and headlines will 
read that this is a vast increase in defense. That is not accurate. 
This is not an increase in defense. This $265.6 billion in the budget 
resolution, compared to last year, is a reduction in real dollar terms 
from last year's funding level, but it is an increase over the 
President's recommended level by about $11 billion.
  Mr. President, some of the provisions of the bill are likely to be 
the subject of vigorous debate. Although we have avoided, thus far, 
many of the provisions that make the House-passed bill unacceptable to 
the administration, there are a number of issues that remain 
troublesome.
  I think it is important for everyone to bear in mind it is clear the 
House bill and a number of its provisions are unacceptable to the 
administration, and I hope we can avoid that here. It is clear that we 
do have some issues that already are unacceptable in this bill to the 
administration. For example, the language relating to the demarcation 
line between theater and national missile defense, which is in our 
bill, is not at this time acceptable to the administration, and the 
language concerning multilateralization, or adding new parties to the 
ABM Treaty. Both of these provisions, it is my hope, can be worked in a 
way that will avoid a veto by the President of this bill, but that 
remains a very serious challenge.
  We will also consider a number of amendments that are likely to draw 
broad bipartisan support, in terms of enhancing our national security. 
As I noted in my remarks on the floor on May 30, I have been working 
very diligently with Senator Lugar and Senator Domenici, and others, to 
address our Nation's lack of preparedness to cope with threats from the 
full range of weapons of mass destruction, including biological and 
chemical weapons.
  We will have an amendment on this bill by Senator Lugar, Senator 
Domenici, and myself that will strengthen the ability of the Department 
of Defense and the Department of Energy to assist local fire 
departments and police departments, local law enforcement, in terms of 
helping prepare them and equip them to deal with a possible chemical or 
biological attack by terrorists.
  Mr. President, the nuclear component of that, the so-called NEST 
capability, already exists in the Department of Energy. We do not have 
anything comparable on the chemical or biological side. It is my 
judgment, after having numerous hearings on this subject, after having 
considerable indepth hearings and a long preliminary investigation of 
the Aum Shinrikyo and the religious cult attack in Tokyo over a year 
ago that killed 12 people but injured 5,000. If that attack had been 
better prepared in terms of delivery system for the sarin gas, there 
would literally have been tens of thousands of people killed. That was 
a religious cult that existed and had over $1 billion in assets, 
although more members are in Russia than Japan. They had tested sarin 
gas in Australia and even embarked on preliminary stages of trying to 
develop biological weapons. They had a very serious chemical stockpile 
and had already, previous to the Tokyo attack, carried out other 
smaller chemical attacks in Tokyo.

  Not many of us would have predicted Japan would have been the first 
place that would have happened, but it is predictable that effort is 
going to be made in the United States, by either foreign or domestic 
terrorists.
  We had the World Trade Center attack. We have seen the devastation of 
that explosion. What many people do not realize, and what the judge 
noted in his findings, is that attack on the World Trade Center also 
included a chemical weapon that was consumed by the flames and, 
therefore, did not activate and did not cause damage. The damage was 
done by the conventional-type weapons.
  So we have already, according to the judge, had a chemical attempt in 
this country. So it is almost predictable, with very little doubt, that 
we are going to have chemical and biological efforts made against soft 
targets in this country, including our cities, including our population 
centers, over the next 5 to 10 years.
  We can either begin to get in front of it and deal with it in 
advance, try to prevent it from happening, or we can wait until it 
happens and then have everybody say, ``Why didn't we do something about 
it?''
  Mr. President, we are going to try to do something about it on this 
bill. We are going to have an amendment that would have the Department 
of Defense and the Department of Energy, in a very carefully prescribed 
way--we are not getting DOD and DOE involved in enforcing the law at a 
domestic level. We are not talking about that. We are talking about 
having them help prepare, in terms of training, in terms of equipment, 
our local police, and fire officials around this country to deal with 
what almost all experts on terrorism believe is an inevitable kind of 
threat we face to our own country.
  We have seen the work of domestic terrorists in Oklahoma City and the 
terrible, terrible destruction that was caused in terms of human 
suffering in Oklahoma City and to the Murrah Building there. We have 
seen the attack in Tokyo. We have seen the World Trade Center attack. 
Fortunately, the chemical part of that attack did not activate. There 
was enough destruction without it, but it would have been truly of a 
worse magnitude had the chemical component really done its job.
  Mr. President, we have also seen in Russia the Chechen or some group 
representing the Chechen rebels put a radiological weapon in a very 
prominent place near Moscow, a radiological weapon being using the 
radiation from nuclear materials without causing an explosion but 
causing huge destruction. That was not an effort to actually use the 
weapon but a warning that it could be done.
  So we are in a different kind of world now. We have moved from an era 
of very high risk of nuclear war to an era of much lower risk of 
nuclear war. But we have moved from an era of high stability because of 
that very risk of nuclear war and because the two superpowers knew 
that, if their clients got into a war or if there was some event that 
came that got out of control, the whole escalation could take place and 
we could have a nuclear war.
  Because of that, we had high stability, high risk but high stability, 
during the cold war. We moved to much lower risk in terms of a nuclear 
war. We can all be very thankful for that because of the change in 
climate, because of the arms control agreements, because of the 
substantial number of nuclear weapons in the Soviet Union. All of that 
greatly reduces the risk of nuclear war.
  But the decline of the Soviet Empire has also ushered in a new era of 
lower stability, meaning that there are countries all over the world 
that are having ethnic, religious conflict. We no longer have the two 
superpowers who are basically policing the world so that we do not have 
conflict between two superpowers.
  We are in another era. We are in an era of organized crime not only 
in Russia but in many other places. We are in an era where we have had 
the first empire in history disintegrate but still containing 30,000 or 
so nuclear weapons, over 40,000 tons of chemical weapons, and no one 
even knows how much in the way of biological weapons, and also 
scientists all over the former Soviet Union, not just in Russia, who 
know how to make these weapons of mass destruction, who know how to 
make ballistic missiles, but in many cases do not know how they are 
going to feed their families, and rogue nations all over the world 
trying to develop these kinds of capabilities, as we have seen in the 
past in Iraq and other places.

  The combination of organized crime, terrorism, empire disintegration, 
tons

[[Page S6373]]

of material and know-how in terms of weapons of mass destruction, all 
of that combined means that we are in a different era. What we have to 
make sure of, in terms of our overall debate in both the ballistic 
missile defense area, as well as this Nunn-Lugar-Domenici No. 2 effort, 
as we can call it, we have to make sure that we are not so obsessed 
with the past that we cannot think of the future.
  The future kind of threats we are going to face are going to be 
different. We are going to have to be more agile, as David Abshire, 
president of the Center for Strategic and International Studies, said 
in a recent article he wrote. We are going to have to be more agile, 
more flexible. We are going to have to understand the threats that face 
us in the future. And we are going to have to understand that the 
Department of Defense mission is still to protect the national security 
of this country. Included in that mission, I think at this stage, is a 
very critical need to help our police officials and our fire officials 
be able to deal with the kind of threat that they may face in the 
future.
  Mr. President, I will have more to say on this subject. I know that 
Senator Lugar and Senator Domenici will have more to say. But I did 
want to let people on both sides of the aisle know that sometime in the 
next few days while we are considering this bill there will be that 
kind of an amendment.
  Mr. President, it will be aimed primarily on the domestic side. It 
will be very carefully framed so that there will be no doubt that we 
are not getting DOD and DOE involved in the actual enforcement of the 
law. That is not the effort here. It is to equip and train and prepare 
our law enforcement officials to deal with these kinds of threats. 
There will be a part 2 of this that will deal with a growing need to 
beef up our Customs Service to make sure that they can do their part 
and do it well in preventing those kinds of materials from ever getting 
into this country, and also to help them be more effective in preparing 
the customs services of other nations, particularly the former Soviet 
Union, in preventing materials from getting out of those countries--a 
growing threat.
  So, Mr. President, there really are three parts of this overall Nunn-
Lugar effort. Part one is already underway and has been for about 4 or 
5 years. That is, in my mind, still the most crucial need because the 
window is open for cooperation with these former Soviet states, 
including but not limited to Russia. We are helping to do that. The 
last missile was just taken out of the Ukraine. The last nuclear 
warhead was taken out of the Ukraine the other day. So this is a 
remarkable success.
  Two years ago it appeared we were going to have four new nuclear 
states coming out of the one old one, the Soviet Union. It appeared we 
were going to have a nuclear component, very strong nuclear component, 
not only in Russia, but in the Ukraine, also in Kazakhstan and also in 
Belarus. I know all nuclear warheads have been taken out of Kazakhstan, 
all nuclear warheads have been taken out of Ukraine, and the last 
weapons, I am told, will be taken out of Belarus this year. The 
missiles will be destroyed. The Nunn-Lugar program has helped 
facilitate that. Secretary of Defense Perry told us this morning at the 
armed services breakfast, without that program we could not have done 
what has been done. There is a long way to go. There is a lot left to 
do.

  The most prominent feature of this program has been stopping these 
weapons at the source, preventing them from leaking all over the world. 
It is going to cost us hundreds of billions of dollars--if we have 
nuclear materials and chemical and biological materials and missile 
technology know-how disbursed all over the world, it is going to cost 
us hundreds and hundreds of billions of dollars to defend against it. 
Even then it will be extremely difficult to defend against.
  The first priority is to stop it at the source, to help these 
countries--not only Russia, but Ukraine and Kazakhstan and Belarus and 
others--get control of their own borders, to help them understand the 
priority of controlling nuclear materials and chemical materials and 
biological materials and know-how; second, to make sure that they have 
strong and effective border control and, where they want our help, to 
help them in that regard; third, to beef up our borders here in this 
country, to beef up our border protection; and, fourth, to be able to 
deal with this kind of catastrophe if it ever occurs. First to deter 
it, prevent it domestically, but to be able to deal with it, not only 
with police departments and fire departments, but also with health 
departments.
  In the Aum Shinrikyo attack in Tokyo, the Japanese police were 
certainly not prepared. There is no doubt about that. But the health 
officials, under the circumstances, did a pretty good job. There is 
strong indication that the Japanese were better prepared to deal with 
the health aspects of this kind of chemical attack than we are in this 
country. In fact, one of the key agencies in HHS to deal with this, one 
of the few agencies, very, very thinly staffed, has had almost all of 
its funding cut in the House. I hope that can be corrected because I am 
sure that the people who made those cuts did not realize the context in 
which that agency would have to work. So we are going to be talking 
about all those issues.


                         Privilege of the Floor

  Mr. President, I ask unanimous consent that the following named 14 
minority staff members on the Committee on Armed Services and two 
congressional fellows be granted the privilege of the floor during the 
consideration of and votes relating to S. 1745, the National Defense 
Authorization Act for fiscal year 1997.
  Minority staff members: Christine E. Cowart, Richard D. DeBobes, 
Andrew S. Effron, Andrew B. Fulford, Daniel B. Ginsberg, Mickie Jan 
Gordon, Creighton Greene, Patrick T. Henry, William E. Hoehn, Jr., 
Jennifer A. Lambert, Michael J. McCord, Frank Norton, Jr., Arnold L. 
Punaro, Julie K. Rief, James R. Thompson III. Congressional fellows: 
Maurice B. Hutchison and DeNeige V. Watson.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NUNN. Mr. President, summing up my remarks, I pledge to Senator 
Thurmond my cooperation on this bill. The chairman has an awesome 
responsibility to be here on the floor, to help manage the bill and to 
make judgment on amendments. My role will be to help him and assist him 
where he calls on me and where I can be of help.
  I hope that people who have important amendments will come to the 
floor and begin that process in the next few hours. I know that the 
majority leader is under a great deal of pressure with a lot of other 
bills. I have never known us to be able to pass this bill in less than 
3 or 4 days. It is my hope that we can do that in this context. That 
will depend on the cooperation of all of the Members.
  I yield the floor.
  Mr. THURMOND. Mr. President, I wish to thank the able Senator from 
Georgia, Senator Nunn, for his kind remarks. It will be a pleasure 
working with him on this bill. He is a former chairman of this 
committee. He is now the ranking member and does a very fine job for 
defense, and we are very proud of him.


                         Privilege of the Floor

  Mr. THURMOND. Mr. President, I ask unanimous consent that Craig 
Williams, a fellow on the staff of Senator McCain, be granted the 
privilege of the floor during the discussion of S. 1745.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THURMOND. Mr. President, I yield Senator Inhofe 15 minutes. Is 
that sufficient?
  Mr. INHOFE. Yes.
  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. INHOFE. First of all, Mr. President, I thank the distinguished 
Senator, the chairman of the committee, Senator Thurmond, for all of 
his hard work. I really believe that our committee has spent a lot of 
time, has had a lot of bipartisan cooperation in coming up with a 
product, which I think is still inadequate but is still the very best 
that we could come up with at this time.
  I think it is very unfortunate that most American people do not 
realize what a crisis our country is in in terms of our defense. I was 
very proud the other day before Senator Thurmond's committee when the 
four Chiefs of the four services came in and made the statement that we 
are $20 billion underfunded in our procurement accounts. I think this 
is something that

[[Page S6374]]

we have to listen to because this is unprecedented. At least I do not 
recall any time in history when the Chiefs themselves have come in and 
said that the President's budget is underfunding procurement by $20 
billion. They said that we need to get it up there in order to have the 
very minimum requirements the American people expect to defend our 
country.

  The administration's request is almost $20 billion less, in real 
terms, than we are spending this year, and there are several of us who 
are trying to do something about this by adding back an amount of 
money.
  So I guess what I am trying to say is that the authorization that we 
are dealing with in this bill is still, in my opinion, inadequate. Yet, 
I think it is the best that we can do at this time. Our budget has 
actually decreased for 12 consecutive years.
  There is a lot of talk about what to do about the deficit. All of the 
liberals will point toward defense and say, ``We need to cut defense 
spending,'' when we have done nothing but cut defense spending for the 
last 12 consecutive years. Back during the Kennedy administration, 60 
percent of our budget went to defending America and 17 percent to human 
services. Now, 17 percent of our budget goes to defending America and 
60 percent goes to human services. It just shows the change that has 
taken place in the attitude of the function of Government.
  We talked about the balanced budget amendment not long ago, and the 
fact that we need to do something to bring it into balance. So they 
always point toward national defense, when we have already taken cuts 
there.
  It is kind of interesting that there is a study documented --and it 
has not been refuted on the floor of the Senate, and I brought this up 
several times--that shows that if we were to put growth caps on 
Government--one was a 2-percent cap, and one was a 2.5-percent cap--we 
could actually balance the budget without cutting one Federal program. 
I can assure you that I would be delighted to have that kind of 
treatment in our defense budget because it has deteriorated and 
consistently gone down over the years. Since World War II, there have 
only been 4 years that have been lower than we are right now--1947, 
1948, 1949, and 1950. This is the lowest budget since 1950.
  So it gets down to the question, is there a reason for this? Is it 
because the threat is not as great out there as it was in previous 
years? I suggest that that is a matter of interpretation. You will get 
a lot of difference of opinion on this floor. To me, it is 
incontrovertible.
  I have some articles I will submit for the Record. I am going to 
paraphrase these. The first one--this is just in the last few days--was 
in the Washington Times. The last paragraph of this is:

       In a report released ahead of publication today, Stern--

  That is the German magazine.

     Said the plant was similar to one in Tarhunah, Libya. The 
     United States says that complex is a chemical weapons 
     factory. Libya says it is an irrigation plant.

  Then we have what appears to be a new relationship between Syria and 
Iraq. This was an article in the Washington Times on June 5.
  The third article I will submit is ``U.S. Investigates Ukraine-Libya 
Alliance.'' This is kind of a scary thing that is going on right now. 
All of these are recent.
  The fourth article is, ``Report Cites China-Pakistan Missile Links.''

       A new, draft U.S. Government report states that all 
     intelligence agencies believe with ``high confidence'' that 
     Pakistan has obtained medium-range ballistic missiles made by 
     China, and says for the first time that Pakistan probably has 
     finished developing nuclear warheads for these missiles, U.S. 
     officials said yesterday.

  Of course, we have been talking, time and time again, about the 
threat that is out there that is different than it has been before. I 
understand that we are not going to be really addressing the national 
missile defense problem that we have. We tried to do that with the 
Defend America Act.
  We have a President in the White House who vetoed last year's 
authorization bill because his veto message was that he did not want to 
spend more money on national missile defense.
  Time and time again, we have Members of this body stand up and talk 
about, well, we cannot spend another $50, $60, $70, or $80 billion more 
on star wars. Star wars is just a term to try to make it appear as if 
there is not any real threat out there. I suggested that back in 1983. 
We recognized that, in the medium term, we were going to have to defend 
America against ICBM's, a missile attack with weapons of mass 
destruction.
  Now, everything has gone in accordance with the schedule that was 
articulated at that time by President Reagan. So that here we are today 
with a system that was to be in place by the year 2000, and we have an 
investment of approximately $50 billion in a national missile defense 
system.
  Yet, we stopped it dead in its tracks in spite of the fact that the 
Russians have missiles, that China has missiles, and the Taepo Dong II 
missile from North Korea is one that will be able to reach the United 
States by somewhere around between the year of 1999 and 2002.
  So the threat is very real. It is out there. And we have people that 
are of the caliber of Saddam Hussein who made the statement back at the 
time of the Persian Gulf war. He said, ``If we had waited to invade 
Kuwait for 5 more years we would be able to have the missile capability 
of reaching the United States.'' Would he do it? Sure he would. Anyone 
who would kill his own grandchildren would do something like that. Look 
at what is happening in Libya. Qadhafi is developing weapons of mass 
destruction, and they have a new alliance with the Ukraine. We have 
very real problems that are out there.
  The Senator from Georgia, Senator Nunn, mentioned the crisis, the 
disaster, the bombing of the Murrah Federal Office Building in Oklahoma 
City and all the tragedy that was linked to that. It is something--that 
unless you are there to see not just the loss of lives of 168 innocent 
people but the brutality that was with it; the fact that all that 
happened with one bomb that is the equivalent of 1 ton of TNT. The 
smallest nuclear warhead known is 1 kiloton--1,000 times that power; 
that explosive power. So just imagine. No one is immune from that type 
of threat.
  We saw just recently China and how overt they are getting right now 
in the Taiwan Straits with their missile testing that is taking place. 
Then the statement that was made by a high ranking Chinese official--it 
has been verified that he did say it. He said, ``We are not concerned 
with the United States coming in and defending Taipei because they 
would rather defend Los Angeles.'' At a very minimum it is an indirect 
threat. Are we being held hostage? I think we are.
  We see the new developments in Syrian-controlled Lebanon and 
throughout the Middle East; that when Jim Woolsey 2 years ago--it has 
been 2 years now since. He certainly would not be considered a 
Republican. He was a CIA Director under two Democratic Presidents 
including President Clinton--said 2 years ago that we know of between 
20 and 25 nations that have or are developing in the final stages 
weapons of mass destruction, either biological, chemical, or nuclear, 
and working on the missile means of delivering it. That was 2 years 
ago. He has come out since then and expanded that up to 30 nations.
  So we are not talking about the days when we had two superpowers. Of 
course, we are looking at elections taking place right now in Russia. 
We do not know how they are going to come out. But we see a change in 
attitude in the former Soviet Union. We saw what happened in the newest 
elections last December when the Communists took over 153 seats to 
Yeltsin's 54 and Zhirinovsky roughly 53 or 54 seats. So we are seeing a 
change there.
  But let us assume that there was tranquillity and there was no 
problem between the United States and the former Soviet Union, as we 
talked about, during the cold war. The threat was there. I have always 
contended that the threat during the cold war was not as great as the 
threat is now because at least we could identify who enemy was at that 
time. We had the Soviet Union and we had the United States. We had at 
that time a treaty, an ABM Treaty, and said that we were going to agree 
to downgrade our nuclear capability. That was called mutually 
assured destruction. ``You shoot at us. We shoot back at you. Everyone 
dies, and everybody is happy.'' That is no longer the case. I did not 
agree with the policy. That was not a Democratic policy. It came under 
Nixon and Kissinger. That did not make any sense. But

[[Page S6375]]

there were those who did believe it was worthwhile. I talked to 
Kissinger about it. He said, ``It's nuts to make a virtue out of our 
vulnerability.'' That is what we have done. So here we are out there 
adhering to a policy through START II, which in my interpretation puts 
us back with the ABM Treaty where we are downgrading our nuclear 
capability with one other nation while the rest of the 25 or so rogue 
nations are increasing their nuclear capability.

  So I think that we do not address that in this. We should be 
addressing that in this authorization bill. But I know what would 
happen if we did. We would not get it passed and the President would 
veto it because he said that he would.
  So I say, Mr. President, that this bill does not go far enough. We 
have real serious problems today. During the Persian Gulf war we had 26 
divisions. We are going to be down to 15 divisions with this. I think 
that it is a very serious threat. We are right now No. 9, as I 
understand it, in ground forces, having been passed by Pakistan.
  So America is not at the strength level that America should be. While 
I say that, I am supporting this bill because it is the only dog in the 
fight. We need to have an authorization bill. I support this.
  Since the beginning of our country's history, national security has 
been the most solemn obligation our Government holds with its citizens. 
In order to honor this obligation, top priority must be given to the 
forces that guarantee our national security. These forces do not ask 
much of us for their service. But they do need a certain amount of 
support from their Government in order to carry out their duties and 
protect the security of the United States as well as maintain our 
status as the world's preeminent military power.
  However, in order to allow our military to honor their sworn duty, we 
have to provide them with the means to do many things. We must give 
them the authority to retain ample manpower in the form of adequate end 
strengths. Our military must have the means to recruit high-quality 
personnel to carry us into the 21st century. In addition, in order to 
keep our high-quality personnel, and protect their quality of life 
which is so important in maintaining morale, we must provide them with 
equitable pay and benefits--including a 3-percent pay raise to protect 
against inflation--and appropriate levels of funding for the 
construction and maintenance of troop billets and military family 
housing.
  We must keep the battle sword sharp by providing enough resources to 
maintain readiness and continue modernization efforts to provide the 
capabilities needed for future wars. Our military must also be given 
the means to field the type and quantity of weapons systems and 
equipment needed to fight and win battles decisively, with minimal risk 
to our troops, just as they did in the gulf war.
  Another important lesson learned in the gulf war was that we need to 
be able to protect our troops from ballistic missiles, missiles that 
are capable of delivering weapons of mass destruction. Whether it is 
nuclear, chemical, or biological, we must protect our forces while they 
are in the field and we must protect their families at home. The way we 
do this is through the development and deployment of missile defense 
systems: land and sea-based theater missile defense systems, which can 
protect United States and allied forces against cruise and ballistic 
missiles while deployed in the field; and a national missile defense 
system to defend American families at home. We will have a ballistic 
missile defense, it will either be before--or after--we first need it.
  I have spoken about what we must provide for our military, now I 
would like to point out what we can take away. To begin with, we can 
eliminate defense spending that does not contribute directly to the 
national security of the United States; such as policing of the Olympic 
Games. More importantly, we should stand back and evaluate U.S. 
involvement in nontraditional military operations, and its impact on 
combat readiness, budgeting, and our national interests. Bosnia, 
Somalia, and Haiti; these and other police actions continue to drain 
defense funds and put a strain on personnel who are already being 
stretched beyond their breaking point--the breaking point that our 
military as a whole is rapidly approaching. Bosnia alone is going to 
cost American taxpayers $3 billion in defense dollars.
  Some people never seem to see a breaking point, however. They say we 
are spending enough on defense. Some say that we are spending far more 
money on defense than other countries.
  Well--of course we spend more money on defense than other countries. 
In fact, in 1996 the United States will spend three times as much on 
defense as any other country on Earth, and more than all its 
prospective enemies and neutral nations combined.
  There are two problems with this comparison, however: it assumes that 
all countries are equal, and it suggests that the comparison between 
how much the United States spends versus other nations is a legitimate 
measure of which side will prevail in a conflict. But because of 
geography, all things aren't equal. We are separated from our potential 
enemies by two great oceans. And rather than fighting wars in our own 
backyard, Americans prefer to fight ``over there.'' Because we prefer 
to fight abroad, it will naturally cost us much more than it costs our 
enemies to field the same force, since we have to transport, sustain 
and operate our fighting force in a place where his already is. Each of 
these activities--moving, sustaining and fighting far away--increases 
the cost of our military without significantly changing the friendly-
to-enemy force ratio. This cost is raised further if we want to field a 
force that is not just equivalent to our enemy's, but one that can 
defeat his force, again, with minimal casualties as in the gulf war. 
The question, therefore, is not whether we will be paying more for our 
armed forces than our enemy does, but rather how much more we must pay. 
Is the right number three times as much, as with Russia, or more?
  More than 2,000 years ago, Sun Tzu said you should have five times 
the strength of an enemy to assure success. Well, there have been some 
changes in warfare since Sun Tzu's time. We now have tanks, and planes, 
and submarines, so the ratio has changed a little. And we can stand 
here and argue till we are blue in the face over what the proper force 
level is; two times, three times, five times as much as the other guy. 
But the cost of our unique geography makes any comparison between what 
we pay and what our enemies pay irrelevant. The point is: if you want 
to fight, ``over there,'' and win, decisively, with minimal losses, 
then you can expect to pay many times what the enemy pays for his 
military.
  Now, the people who complain that we spend three times as much on 
defense as any other country on Earth are smart people. They know that 
we must cross our oceans to fight. They know that what we consider 
defense spending may not be what our enemies consider defense spending: 
First, there is the high cost of our high-quality volunteer military: 
recruiting, paying, providing medical care and retirement. Many people 
do not realize it, but two-thirds of our defense budget is spent on 
paying people. Then there is the cost of supporting our worldwide 
surveillance network, our nuclear deterrent and so on. They know these 
costs are unique to the United States but they choose to ignore it in 
their arguments. Why? Because it supports their view of proper levels 
of defense spending.
  We can disagree on what it takes to field a given capability, but let 
us drop these invalid comparisons and let us deal with the facts. And 
with the facts in hand, let us spend no more than necessary to get the 
job done, and let us spend enough to fight, ``over there,'' and win, 
decisively, with minimal losses.
  In this regard, I have to say I was disappointed by the 
administration's budget request for 1997 defense spending. The 
administration's fiscal year 1997 budget request was $18.6 billion less 
in real terms than the level enacted for fiscal year 1996. Now, let me 
put that another way; in real terms, since the end of WWII, there have 
only been 5 years that the United States has spent less than the 
Clinton administration is recommending for fiscal year 1997. Only in 
fiscal year 1947, fiscal year 1948, fiscal year 1949, fiscal year 1950, 
those years immediately following WWII, and fiscal year 1955 
immediately after the Korean War, has defense spending been so low that 
it is less

[[Page S6376]]

than the President's recommendation for this year. Not even during the 
hollow force years of the 70's have we spent so little on defense. 
Clearly, it is time that we address these shortcomings.

  As we prepare to vote on the fiscal year 1997 defense bill, it should 
come as no surprise, that I am truly concerned about the effects that 
decreasing levels of defense spending have had upon our Armed Forces. 
If the general public fully understood the severity of defense cuts 
under the Clinton administration, I believe that they would also be 
very concerned. In my State of Oklahoma, I have heard this message 
already. We can see the cuts all around us and it is time to put these 
reckless defense cuts to an end. History has demonstrated that 
superpower status cannot be sustained cheaply, nor can it be sustained 
by budget requests which do not provide for adequate funding of our 
forces. I am committed to maintaining America's superpower status. 
However, I am skeptical about the administration's commitment to this 
goal.
  Right now our military--the finest fighting force on this Earth--is 
being torn in two directions. Our spending on defense is decreasing, 
while at the same time, the demands on our personnel are increasing. We 
are stretching the rubber band tighter and tighter, and if defense 
funding levels do not increase, I fear the rubber band will break and 
this dangerous combination may result in an exodus of high quality, 
trained-personnel and, ultimately, a military crises.
  It is our duty, as Senators of the United States, to do our part in 
providing for our national security. In doing our part, we must vote 
for a defense bill which gives our military the means to do their part. 
Our forces do not ask much of us for their service, but they do need a 
certain amount of support from their Government in order to carry out 
their duties and protect the security of the United States of America.
  I feel it is time we take a more responsible approach to defending 
this Nation, and I therefore urge my colleagues to support the fiscal 
year 1997 DOD authorization and its modest increase over the 
administration request.
  Mr. President, I ask unanimous consent that four articles be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Washington Times, June 5, 1996]

               U.S. Informs Bonn of Syrian Toxic-Gas Unit

       Bonn.--Syria is building a poison gas factory in the 
     western city of Aleppo that could constitute a major threat 
     to Israel's national security, a German magazine reported 
     yesterday.
       The weekly Stern said U.S. intelligence officials had 
     passed on satellite photographs of the plant to their German 
     counter-parts, who were checking if any Germans were 
     involved.
       In a report released ahead of publication today, Stern said 
     the plant was similar to one in Tarhunah, Libya. The United 
     States says that complex is a chemical weapons factory; Libya 
     says it is an irrigation plant.
                                                                    ____


               [From the Washington Times, June 5, 1996]

              Iraqi Opposition Tells of Talks in Damascus

       London.--A prominent Iraqi businessman with close ties to 
     the regime of his president, Saddam Hussein, is in Damascus 
     to discuss future cooperation between Syria and Iraq, an 
     Iraqi opposition group reported yesterday.
       Sattam Kaoud, who heads the Jordanian Iman company and 
     oversees other companies owned by Saddam's son Uday, arrived 
     in Damascus June 1 and is staying at the Meridien Hotel 
     there, according to the Iraqi Broadcasting Corp. (IBC), run 
     by the umbrella Iraqi National Congress.
       Mr. Kaoud's trip was arranged by a man named Mishaan 
     Jibouri, who is also in Damascus, the IBC said. It did not 
     provide details on Mr. Jibouri's identity, but other Iraqi 
     opposition sources say he attended an Iraqi opposition 
     conference in Syria this year.
       Mr. Jibouri and Mr. Kaoud have discussed the possibility of 
     reopening the Iraqi-Syrian border, the IBC said. Iraq, which 
     has been under international sanctions since its 1990 
     invasion of Kuwait, reached agreement last month with the 
     United States to resume limited oil sales to buy humanitarian 
     supplies.
                                                                    ____


               [From the Washington Times, June 13, 1996]

                U.S. Investigates Ukraine-Libya Alliance

       The State Department is investigating reports that Ukraine 
     and Libya are working on a strategic alliance that could 
     involve the transfer of weapons technology to the pro-
     terrorist regime in Libya, a department spokesman said.
       ``We're looking into it. We take it seriously,'' spokesman 
     Nicholas Burns said in response to a report of the Ukrainian-
     Libya cooperation in Monday's editions of The Washington 
     Times.
       Mr. Burns said the Clinton administration believes Ukraine 
     will honor existing U.S. sanctions against Libya, but it will 
     continue to watch the Libyan government to ensure it is not 
     acquiring weapons technology.
                                                                    ____


                       [From the Washington Post]

               Report Cites China-Pakistan Missile Links

                         (By R. Jeffrey Smith)

       A new, draft U.S. government report states that all 
     intelligence agencies believe with ``high confidence'' that 
     Pakistan has obtained medium-range ballistic missiles made by 
     China, and says for the first time that Pakistan probably has 
     finished developing nuclear warheads for these missiles, U.S. 
     officials said yesterday.
       The classified report's unanimous reaffirmation of a long-
     standing intelligence conclusion that complete Chinese M-11 
     missiles are in Pakistan puts additional pressure on the 
     Clinton administration to consider imposing tough economic 
     sanctions against both nations, as required under a U.S. law 
     aimed at punishing the global spread of such missiles, the 
     officials said.
       In the past, U.S. policymakers have repeatedly said that 
     while components of the M-11 missiles may be in Pakistan, 
     Washington lacks concrete evidence that the complete missiles 
     are there. As a result, these policymakers have said, 
     Washington need not invoke the law and cut off U.S. 
     government contracts with China, halt licenses for U.S. 
     exports to China or ban Chinese imports worth up to several 
     billion dollars.
       But with the imminent completion of the new report, which 
     updates a U.S. intelligence assessment on the issue that was 
     prepared in 1994, policymakers may have a tougher time 
     fending off calls by many proliferation experts, intelligence 
     analysts and certain lawmakers to acknowledge publicly that 
     the M-11 missiles are in Pakistan.
       Details of the draft report are emerging at a sensitive 
     moment in U.S.-Chinese relations, as administration officials 
     are conducting final negotiations with Beijing regarding 
     possible sanctions against China for copying U.S. commercial 
     goods. The administration is also defending a decision by 
     President Clinton to renew the most-favored-nation trading 
     status that allows Chinese goods to be imported with low U.S. 
     tariffs.
       The refusal of top policymakers to accept the intelligence 
     community's judgment regarding the presence of the M-11 
     missiles, as well as its recent decision not to impose 
     sanctions against China for selling nuclear weapons-related 
     equipment to Pakistan, has rankled certain U.S. officials who 
     favor a much tougher policy toward China. This 
     dissatisfaction has helped fuel a series of leaks about 
     Chinese wrongdoing over the years.
       The first U.S. intelligence report regarding the M-11s was 
     leaked in 1992. Last July, the Washington Post quoted 
     Intelligence officials as saying that more than 30 of the 
     missiles were stored in crates at Pakistan's Sargodha Air 
     Force Base west of Lahore.
       Several U.S. officials said yesterday that is where the 
     entire intelligence community believes the missiles remain. 
     But they added that a sharp dispute has broken out within the 
     community over whether the missiles should nonetheless be 
     described in the new report as ``operational,'' a term that 
     would raise policy alarms in Washington and upset the Indian 
     government.
       Yesterday's Washington Times reported the existence of the 
     new draft report and first described the dispute about its 
     contents.
       Representatives of the CIA and the Defense Intelligence 
     Agency, in particular, have argued that because a unit of the 
     Pakistani army has been assigned to operate the missiles and 
     has been trained by Chinese experts, the missiles can 
     probably be withdrawn from their crates and deployed in the 
     field within a matter of days.
       The State Department's Bureau of Intelligence and Research 
     (INR), alone among U.S. intelligence agencies, has argued to 
     the contrary that not enough information is known about 
     Pakistani training practices to reach this judgment. The 
     missiles cannot be considered operational until they have 
     actually been withdrawn from the crates and been used in such 
     training--and act that has not yet occurred, the bureaus has 
     argued.
       ``There is nothing new on this issue [of missile 
     operations],'' said one policymaker. That means ``it is kind 
     of a semantic question,'' rather than an act reflecting a 
     shift in Pakistani military strategy or security policy.
       A similar dispute has broken out over the draft report's 
     new conclusion that ``it is probable'' Pakistani weapons 
     engineers have completed the arduous task of creating nuclear 
     warheads compact enough to fit atop the missiles.
       Several officials said this conclusion is derived from an 
     estimate of how long Pakistan has been trying to complete 
     this task and certain information about the sophistication of 
     its weapons designs. But INR analysts have argued to the 
     contrary that the effort cannot be considered successful 
     until the warhead has been flight-tested--an act that again 
     has not yet occurred.
       Officials said the final wording of the report is to be 
     decided by CIA Director John M. Deutch, after further 
     drafting by the Weapons and Space Systems Intelligence

[[Page S6377]]

     Committee, a little-known panel that includes representatives 
     of all U.S. intelligence agencies as well as officials from 
     Australia, Canada and Britain, Australia and Canada have 
     sided with INR in concluding the M-11s are not yet 
     ``operational'' and that Pakistan might not yet have 
     completed the requisite nuclear warheads.

  Mr. INHOFE. I yield the floor.
  The PRESIDING OFFICER. Who seeks recognition?
  Mr. THURMOND. Mr. President, I wish to commend the able Senator from 
Oklahoma for his fine statement. He is a valuable member of the Armed 
Services Committee. We appreciate his coming here and making a good 
statement.
  I now yield to the able Senator from Indiana, Senator Coats, another 
valuable member of the Armed Services Committee.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. COATS. Mr. President, I thank our chairman and my friend, the 
Senator from South Carolina, for his kind statements and for allowing 
me this time.


                         Privilege of the Floor

  First of all, Mr. President, I would like to ask unanimous consent 
that a member of my staff, Maj. Sharon Dunbar, be allowed permission to 
be on the floor during the debate on the defense authorization bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COATS. Mr. President, I have a somewhat lengthy statement which I 
will try to abbreviate. There are essential points which I would like 
to make as we are debating the 1997 national defense bill.
  The President's proposed defense budget of $254 billion is, in my 
opinion, the epitome of a mindset that has been prevalent throughout 
the Congress and this administration that the military can do more with 
less. Not only does this budget figure as has been proposed to us 
constitute the 12th consecutive year of decline for defense spending 
but it flies squarely in the face of his many pledges and commitments 
to ensure a strong national defense, and at the same time in the face 
of this declining figure of 12 straight years our military is being 
asked to do more and more, to be prepared to do more, and actually is 
committed to more conflicts and more deployments around the world than 
it has in a long, long time.
  In his 1994 State of the Union Address the President said:

       From the day I took the oath of office, I pledged that our 
     Nation would maintain the best equipped, best trained, and 
     best prepared military on Earth.

  This year's defense budget is a disavowal of that pledge--that falls 
far short of meeting many of the needs of our Armed Forces. But the 
President's rhetoric in this instance, as in many other instances and 
many other issues, simply does not match the record. The President has 
praised our men and women in uniform for their courage and skill, and 
yet each budget that he sends up refuses to back up that praise and 
that commitment with adequate resources to allow them to do their job.
  Let me just give a couple of examples. In the area of procurement, in 
order to ensure future military readiness and superiority against 
threats from outside by tyrants, terrorists, rogue nations, and others, 
our military needs to, on a regular basis, recapitalize existing 
equipment and buy new systems.
  There is amazing change taking place today in technology and what is 
available to us. We saw vivid pictures of that during Desert Storm--a 
revolution in terms of the way warfare is fought to engage in that size 
conflict with that number of troops, and to come away with as few 
casualties as we have. It was extraordinary. Never in the history of 
warfare has this happened. It is due to those changes in technology 
which allow us to have a significant advantage over our adversaries. It 
is due to the extensive training of troops to utilize that new 
technology, to outstanding leadership, and the availability of a 
synergy of training, quality personnel, quality leadership, and modern 
technology in new weapons.
  Yet, in spite of warnings by senior military officials that 
procurement is in a crisis, in the defense budget the President seeks 
to fund procurement at its lowest level since the Korean war--$21 
billion less than what senior military leaders have testified as 
required by the year 1998. We are significantly under the procurement 
budget that is necessary to maintain pace with recapitalization of 
existing equipment.
  The war-fighting commanders, military service chiefs, and Chairman of 
the Joint Chiefs of Staff have all testified to their deep concerns 
about the President's budget. These senior military leaders universally 
have identified readiness, quality of life, and modernization as 
desperately requiring attention and increased funding. The Senate Armed 
Services Committee has weighed their testimony carefully. It authorized 
an additional $12.9 billion over the President's budget based upon the 
military's own needs and requirements. Even with this addition, the 
1997 committee bill will still be $5.6 billion below the inflation-
adjusted spending levels of last year's defense bill.
  So Members and colleagues need to understand that even though we are 
adding this to the President's request, we are still below what is 
necessary to maintain a level of funding over last year's bill.
  So we are now entering the 12th consecutive year of defense declines. 
The defense bill before us does not provide our troops with what is 
required for the defense of our Nation, what is required to sustain 
military superiority in a rapidly changing global environment. Rhetoric 
matters little if our troops lack the resources they need to execute 
the mission or enjoy an acceptable quality of life during military 
service. The bill that we are bringing forward authorizes our Armed 
Forces to modernize their equipment, to replace aging trucks, ships, 
and aircraft, and encourages our military to develop new operational 
capabilities based on emerging technologies and to better prepare 
themselves for a military technological revolution that may well be 
ushered in in the next century, a revolution that may profoundly change 
the character of future conflicts.
  Finally, the bill that the Armed Services Committee is bringing 
forward will improve the quality of life of our military personnel by 
addressing compensation, work and living conditions. Addressing these 
issues will enable the troops to focus on their mission rather than 
worry about the welfare of themselves or of their families.
  So, Mr. President, what I am stating here is that had we followed the 
President's requested budget, we would not have begun to address the 
concerns that were laid out before us as members of the committee and 
members of the armed services leadership came and testified.
  With this $12.9 billion plus up, in addition, even though we fall 
short of maintaining parity with spending last year inflation adjusted, 
we do address some of the critical areas that need to be addressed, 
primarily improving our readiness, improving quality of life for our 
troops and their families and beginning the process of modernizing to 
keep pace with the technological changes that are before us.
  As chairman of the Personnel Subcommittee, I have had the opportunity 
to visit our troops, listen to them testify before our committee and 
meet with them at many military installations around the country and 
the world. With a 30 percent less force structure, I found that our 
military is overextended in meeting many of the new demands of the 
post-cold-war world. By demanding more of those who remain in the 
military after a nearly 40 percent decrease in personnel levels and 
spending levels but by not training or equipping them to conduct these 
additional missions, we are eroding the state of military readiness and 
the quality of life of our military members.
  Let me give some examples. What is called personnel tempo, that is, 
the amount of time our military members spend away from their home 
base, has increased considerably since the end of the cold war. Today, 
four times as many Air Force personnel are deployed as there were in 
1989. People think we are in this peace period, post-cold-war period, 
where most of our troops are staying home and not having commitments 
for deployment or heavy training. That is simply not the case. Air 
Force personnel are deployed at four times the rate they were in 1989. 
General Reimer, the Army Chief of Staff, indicated that requirements 
for the

[[Page S6378]]

Army forces have risen 300 percent during that time. Today, more than 
41,000 U.S. soldiers are currently deployed on nearly 170 missions in 
60 countries. General Sheehan, the Commander in Chief of the U.S. 
Atlantic Command, has testified that he has forces deployed in 18 
separate operations worldwide, 70 ships, 400 aircraft, and 37,000 
personnel. At this pace, maintenance, morale, and readiness rapidly 
erode if they do not have the resources capable of meeting these 
demands.

  General Reimer has testified:

       Excessive time away from home is often cited by quality 
     professionals as the reason for their decision to leave the 
     military. It is common to find soldiers that have been away 
     from home for 140, 160 or 190 days in the past year. The 
     Army's future depends upon our ability to retain the best 
     soldiers to be tomorrow's leaders.

  The quality of our Armed Forces, their training, their 
professionalism, and their commitment, is what distinguishes the 
American military from all the others. Today we have an excellent, 
dedicated force, but in order to attract and retain the quality of 
personnel for which our military is known, we must pay attention to 
their needs and concerns.
  Quality of life is a factor of readiness that we cannot ignore. It 
involves not just where our military families live but how they live. 
We must not forget that training programs and the quality-of-life 
initiatives are major investments in the future of our Armed Forces. If 
we fail to address these issues today, our Armed Forces will suffer the 
consequences tomorrow.
  The defense bill before us addresses the quality-of-life issues that 
matter the most to our military personnel and their families. Included 
in this legislation are provisions to provide equitable pay and 
benefits and to restore funding for troops, barracks, and military 
family housing. The committee added $122 million to the fund for family 
housing requirements. This need was pointed out clearly by General 
Krulak, Commandant of the Marine Corps, who expressed his concern about 
conditions of housing. General Krulak testified:

       We are not where we ought to be. I went with my godchild to 
     his barracks and was appalled at what he was living in. 
     Appalled is probably a mild word for it. We are building some 
     barracks, we are building some homes, but it is not to the 
     level that I as Commandant or you as a public servant would 
     be very pleased about. It is simply a matter of available 
     money.

  Mr. President, I have visited barracks and family housing units at 
bases across this country and in different parts of the world. I wish I 
could take every Member of the Senate to these bases and show them 
personally what we are providing for our troops in terms of living 
arrangements. They would be appalled to see the conditions that we are 
asking our service members and their families to live in. Today, over 
60 percent of all military housing is deemed substandard by military 
standards, and those military standards are far lower than the 
standards we find in civilian occupations outside of the military--
soldiers with rotting shower stalls and running toilets, half of which 
do not work, with drywall with holes punched through, with leaky, 
rusted pipes and units with asbestos in the ceilings and in the walls. 
It is just extraordinary to see the disrepair that our troops are 
required to live with and raise their families in.
  I commend the Secretary of Defense for understanding this problem and 
taking initiatives to address this problem. He has established both an 
internal task force and an external task force to address this housing 
problem, but housing year after year after year has been deferred and 
delayed in terms of rebuilding new housing and maintaining existing 
housing because we have had scarce resources and have had to divert 
those resources into the essential needs of readiness and training and 
pay for our personnel, and yet we have ignored the very facilities in 
which they live. Members would feel it a disgrace if they visited these 
facilities. Members here would not think of raising their families 
under the conditions that our soldiers and sailors and marines and 
airmen are required to raise their families in. Soldiers today are 
pooling their own funds and going down to Home Depot to buy materials 
to bring back to their barracks to fix their shower stalls, to fix 
leaky windows, to fix rotting ceilings, to repair the facilities that 
they live in, with their own money on their own time.
  Our units are being organized by their commanders to do self-work 
projects in order just to obtain minimal living standards. It is a 
disgrace. So, for those who come to this floor and say the military has 
money flowing out of its pockets and is wasting taxpayers' dollars on 
defense needs, I would like them to join me on a short trip to a number 
of facilities so they can see what kind of quality of life our troops 
have, what conditions they are asked to live in.
  We take great pride in providing our troops with the best training, 
the best leadership, and the best weapons. Yet, when it comes to 
quality of life, whether it comes to the time they spend with their 
family or take the weekend off, they return to a substandard quality of 
life that this Nation ought to be ashamed of.
  One of the ways in which the committee is attempting to close this 
gap between military housing costs and housing allowances, to span that 
gap, is we have recommended a 4-percent increase in the basic housing 
allowance. We also have authorized single E-5's to receive basic 
allowance for quarters, one of the Navy's highest quality-of-life 
priorities.
  In addition, we provided a 3-percent pay raise for our troops, both 
needed and well deserved, which is, again, less than the Congressional 
Budget Office's 3.2 inflation estimate, but it is close. So it is 
hardly unreasonable to ask for a 3-percent increase in pay.
  Additionally, General Shelton, who is commander in chief of Special 
Operations Command, testified before our committee about his inability 
to pay Army special operation forces special duty assignment pay. He 
simply did not have the funds. So we authorized the funding to give 
them that pay that other special operations forces receive. These are 
just a few of the personnel initiatives that we have taken to attempt 
to address some serious personnel problems.
  With regard to modernization issues--procurement, research, 
development, test and evaluation, military construction, housing--the 
administration concedes that the budget is ``* * * contingent on the 
realization of savings expected to accrue from infrastructure 
reductions, especially base closings, and the successful implementation 
of acquisition reform initiatives.''
  Let me just comment briefly on that. I have some very fundamental 
concerns about the administration's approach to funding future needs 
based on assumptions that may not pan out. Many of these funding 
modernizations are critical to the future of our forces, yet we are 
depending on freeing up funds based on assumptions about inflation 
which will defy all past records of what inflation levels will be in 
the future. Any miscalculation is going to impact greatly the resources 
necessary for updating many of our programs.
  Second, planning for weapons modernization is not the same as funding 
weapons modernization. Mortgaging of modernization to fund near-term 
readiness over recent years has already created massive bow waves in 
weapons requirements. The tactical air fleet is reaching its half-life. 
Army and Marine utility helicopters have already exceeded their half-
life, and combat vehicles and trucks will reach their full life cycle 
by the end of the future year's defense plan. We have military 
personnel today who are flying aircraft and driving trucks that are 
older than they are.
  So linking future modernization funding to illusory savings from 
acquisition reform, base cloture and inflation is unacceptable. Even if 
these savings materialize, modernization at best will be funded at $60 
billion 4 years later than what is required. If these savings do not 
materialize, and I suspect they will not, modernization of our Armed 
Forces will be pushed further into the 21st century.

  Finally, let me just state that the assumptions behind the 
administration's defense budget are based upon its Bottom-Up Review 
strategy calling on our military to fight and win two nearly 
simultaneous major regional contingencies. It is not realistic to 
expect our military to fight two major regional conflicts with a $10 
billion nominal decline in the defense budget. Until the Department of 
Defense conducts another strategic review, our military

[[Page S6379]]

must continue to organize, train, and equip to execute this strategy.
  Many of us share concerns that the outdated Bottom-Up Review may be 
detracting from prudent defense investments. Misinvestments will 
adversely impact our war fighters, but it will also affect taxpayers. 
Because of these concerns, I am supporting, along with Senator 
Lieberman, an amendment calling for the Defense Department to undertake 
a comprehensive innovative study of alternative force structures in 
1997, and urge Members to participate in this debate and listen to the 
reasons why we need to do this.
  Last year, during the debate on the defense authorization bill, we 
heard from a number of Members who were offering amendments to cut 
funding for the Defense Department who were questioning the increases 
that we were seeking in the funding for the defense of our Nation. We 
heard them say over and over and over, ``Well, the Pentagon did not ask 
for this money, the Pentagon did not seek these funds. So, therefore, 
everything that is being requested on this floor that exceeds what the 
Pentagon sent over in its budget request has to be pork-barrel 
spending, it has to be unnecessary spending, wasteful spending, 
spending that is not needed.''
  I want to make sure my colleagues know that when this excuse is 
brought up this year in the context of discussion about this bill, or 
spending priorities, that this statement that ``the Pentagon did not 
ask for it, and therefore it is not needed,'' is an excuse that just 
simply will not wash. It does not square with the testimony received by 
the Senate Armed Services Committee. It only squares with what the 
President's budget department decided they would spend for defense. It 
does not come anywhere close to what the military has testified on the 
record that they need in order to accomplish the tasks and the missions 
that have been required of them by this administration.
  So that excuse, that this is above the Defense Department's own 
request, is a phony excuse. It does not reflect in any way the 
testimony we received from senior military leaders. It reflects what 
those senior leaders were told to say and the constraints that were 
placed on them by the administration. So let us make sure we understand 
what the difference is between defense needs and their stated needs, 
and what the administration has told them their needs are and their 
top-line spending is.
  In a December 1994 Rose Garden speech, President Clinton affirmed 
that ``We ask much of our military and owe much to them in return.'' 
What is a fair return to our troops for dedicating themselves to 
service for our Nation--for risking their lives to defend America's 
interests around the world? Our troops do not ask for much. In fact, 
their requests are actually quite reasonable--modernized weapon systems 
to defend America's interests, to give them a superior edge over those 
they fight against, training programs to improve their warfighting 
capabilities, a decent standard of living, and decent quarters in which 
to live. Attending to these basic needs is indeed a small investment 
for the services our Armed Forces provide to the Nation each day. 
Attending to these needs is a small return on the price we may 
ultimately ask our Armed Forces to pay in defense of our Nation.
  We must not squander the opportunity to plan our military's future 
during a time of peace. Nor should we be lulled into a false sense of 
security that in the 21st century--indeed in the years preceding it--
our Armed Forces will not again be called upon to defend America. I 
respect the argument that our Nation must grapple with many, often 
conflicting, priorities. Clearly, the Government has an obligation to 
get its financial house in order and balance the budget. However, we 
must avoid the temptation to act as if cutting defense spending has no 
consequences. History is replete with examples of the consequences of 
ignoring military preparedness.
  In speaking of our Nation's failure to address these very same issues 
after World War II, Gen. Creighton Abrams said:

       We paid dearly for unpreparedness during those early days 
     in Korea with our most precious currency--the lives of our 
     young men. The monuments we raise to their heroism and 
     sacrifices are really surrogates for the monuments we owe 
     ourselves for our blindness to reality, for our indifference 
     to real threats to our security, and our determination to 
     deal in intentions and perceptions, for our unsubstantiated 
     wishful thinking about how war would not come.

  In his annual report to the President and Congress, Defense Secretary 
Perry wrote:

       The world has changed dramatically over the past few years, 
     but one thing remains constant: a strong military force, made 
     up of the finest American men and women, is the Nation's best 
     insurance policy.

  I urge my colleagues to ponder the haunting words of General Abrams, 
and the deliberate words of Secretary Perry. As tempting as it may be 
in an era of scarce resources and competing priorities, we must not 
allow indifference to serve as the basis for today's defense spending. 
A strong, well-prepared military has been, and will continue to be, our 
Nation's only insurance. A strong national defense does not come 
cheaply. We should not delude ourselves into thinking otherwise.
  Mr. President, I will say to those who think defense needs to do more 
of its share in helping to reduce our spending, had every other item of 
Government done half the share that defense has provided of reduced 
spending over the past 12 years, we would more than have a balanced 
budget. If other agencies of Government had taken the same steps, or 
half the steps, taken by the Department of Defense, we would not be 
arguing over the need for a constitutional amendment to balance the 
budget or how we get to a balanced budget.
  The truth of the matter is that over the past 12 years, defense 
spending has declined nearly 40 percent, and it continues to go down, 
now the 12th consecutive year. Name me one other program of Government 
that has begun to match the record of reduced spending as the 
Department of Defense--40 percent less troops, 40 percent less spending 
for equipment, troops deployed all over the world, stretched to the 
limit, in many cases, in terms of their operations tempo and their 
personnel tempo, troops living in substandard housing.
  What Member of this Congress can take any sense of satisfaction in 
knowing that 60 percent or more of the men and women and families who 
have committed to defend this Nation live in absolutely substandard 
housing arrangements? It is a disgrace, and it is simply something that 
we absolutely have to correct.
  So, as we go forward in the debate on the defense bill, I hope my 
colleagues will remember defense has contributed more than its share in 
reducing our spending and trying to get in line with a balanced budget. 
No other agencies of Government can begin to compare with that. And in 
the end, one of the most essential, if not the most essential, 
functions for Federal Government is to provide for the common defense 
and the national security of this country. I can think of no higher 
spending priority. We need to understand that. We need to understand 
that this administration is not committed to that priority, despite 
their rhetoric.
  Let's hope that the debate will lead us to a satisfactory result, so 
we can at least tell our troops that we have done the best we can--we 
have not provided them everything they need, but we have at least taken 
steps in the right direction to recognize that they provide security 
and defense for more than 250 million people of this country and 
deserve adequate support in doing that.
  Mr. President, I yield the floor.
  Mr. DORGAN addressed the Chair.
  The PRESIDING OFFICER. Who seeks recognition?
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. Mr. President, I commend the able Senator from Indiana 
for the valuable contributions he has made to this debate.
  I now yield to the Senator from North Dakota.
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.
  Mr. DORGAN. Mr. President, I thank the Senator from South Carolina. I 
will start today by expressing my respect for the Senator from South 
Carolina. I think he has brought a bill to the floor that includes many 
features that are very important. He and Senator Nunn are two Senators 
for whom I have the highest regard. I appreciate very much the work he 
does on behalf of this country in the area of defense.
  I regret I am going to offer an amendment he likely will not support,

[[Page S6380]]

but that does not diminish in any way my respect for his work and 
effort, nor does it diminish in any way the respect I have for the 
others on the defense authorization committee.
  I intend to offer an amendment later today to reduce by $300 million 
the amount of money that was added to the National Missile Defense 
Program or, I call it, star wars, because it has a space-based, 
multisite component. But I intend to offer that, hopefully today, and 
give the Senate an opportunity to reduce by $300 million this Defense 
authorization bill.
  Mr. President, I ask unanimous consent to be able to show my 
colleagues the following piece of metal. It is an item that comes from 
a hinge to a door on a missile silo. The silo was silo No. 110 in 
Pervomaysk, Ukraine. It held an SS-19 missile that was targeted against 
the United States of America. That missile likely would have held, I 
believe, five or six warheads buried in the ground in the Ukraine. 
Missile No. 110 and SS-19. This piece of metal was taken from that 
destroyed missile silo.
  That missile does not exist anymore. Where this was part of a 
component to hold an SS-19 targeted against the United States, there 
now exists not a silo, not a missile, not a warhead, but a piece of 
level ground planted not with a missile but with sunflowers. Sunflowers 
have replaced an SS-19 that was targeted against the United States of 
America.
  How did that happen? How does it happen that I hold a piece of metal 
from a silo that housed a nuclear weapon targeted against our country? 
This has come from halfway around the world and from more than that 
distance, philosophically, in terms of what we have understood how we 
can make progress in arms reductions if we do the right thing.
  Senator Nunn and Senator Lugar proposed legislation that is now law 
that provides funding for the destruction of missiles under the arms 
reduction treaties we have with Russia and the old Soviet Union. Today, 
as I speak, there are missiles armed with nuclear warheads that used to 
be pointed at this country that are being chopped up and crushed and 
taken out of silos and destroyed.
  Surely, everyone would agree the best way to destroy a missile that 
is aimed at the United States is to destroy it before it leaves its 
silo. Hundreds of these missiles have been destroyed before they have 
left the silo under the Nunn-Lugar provisions, which have substantially 
reduced the nuclear threat and which, under the arms reduction 
treaties, have resulted in fewer missiles and fewer nuclear weapons 
threatening our country.
  In this Defense authorization bill, we are going to have a debate 
about whether to build a new National Missile Defense Program. Some 
call it Defend America. Some call it star wars. Some call it NMD. 
Whatever it is, the Congressional Research Service says it is from 
between a $30 billion to $60 billion new program to build a new set of 
missiles in our country to create some kind of an astrodome across 
America so that other potential enemy missiles are unable to penetrate.
  This defense authorization bill adds $300 million to the $508 million 
that was requested by the administration and the Pentagon on research 
and development on a national missile defense system. Let me be clear, 
I do not oppose research on a National Missile Defense Program. I do 
not oppose research. I do oppose going beyond research, adding hundreds 
of millions of dollars, demanding we deploy, as quickly as is possible, 
almost immediately, a national missile defense system.
  To do that will destroy the arms control agreements we now have. To 
destroy the arms control agreements makes no sense at all. Those are 
the agreements by which we are seeing the missiles in the Ukraine--the 
Ukraine, incidentally, is nuclear free. There are no more missiles, no 
more nuclear warheads in the Ukraine. There used to be thousands.
  To do what is being proposed, to undercut and destroy the foundation 
of the arms control agreements, means that we may no longer have the 
Nunn-Lugar program with the opportunity to have our former adversaries 
destroying missiles and destroying warheads that previously were once 
aimed at this country.
  Should we have a national missile defense program? I do not know. 
Should we decide immediately that we want to add extra money--$300 
million in this case, but a down payment at least on a program that is 
going to cost $60 billion--to demand early deployment of a multisite, 
spaced-based component of a national missile defense system? Should we 
do that now? Of course not. We should not spend money we do not have on 
something we do not need.
  We will have a longer debate on this. I am happy to engage in a 
debate with my colleagues. I will do so respectfully. I very much 
respect their views. We, however, have spent a lot of time wringing our 
hands, gnashing our teeth, mopping our brow about the Federal budget 
deficit. We should do that because it is a serious problem.
  But I find it fascinating that those who have bleated the loudest or 
brayed the loudest about the Federal deficit are at the first 
opportunity coming to the floor of the Senate saying, ``By the way, I 
am concerned about the Federal deficit, but I very much want to see us 
embark on a new $60 billion national missile defense program.''
  My amendment will be very simple. My amendment will be to say, let us 
preserve the $508 million the administration in the Defense Department 
asked for in research and development funds for a missile defense 
program. We may need one sometime. We may need to deploy it sometime 
after the turn of the century. I do not know. But I do not subscribe to 
those who believe we ought to deploy it on an expedited basis, who 
demand we need to build it now, we need to buy before we fly, we need 
to overstate a threat in order to justify a new program.
  So, again, with the greatest respect for those who disagree, I will 
offer an amendment to cut the $300 million from the defense 
authorization bill so that we are back at the $508 million on the 
national missile defense program that the Defense Department had 
requested in its budget. In the scheme of the Federal budget, $300 
million may not be the largest amount of money, but it is a significant 
amount of money. I hope my colleagues, when we have the larger debate 
about this subject, will agree.
  Let me finish where I began. This piece of metal is symbolic of what 
we do if we do the right things together. Arms control agreements work. 
This used to be housed in the silo that held a missile with nuclear 
warheads aimed at America. The missile and silo do not now exist. There 
are sunflowers planted on that ground in the Ukraine. Where missile 110 
used to exist, an SS-19 with a nuclear warhead, we now have a patch of 
sunflowers.
  That is the way to destroy an adversary's missile, in the ground 
before it is fired. Arms control agreements have worked. I cannot 
compliment Senator Lugar and Senator Nunn enough for the leadership 
they have shown in these areas. I say, let us be very, very, very 
careful, as we move forward on any missile defense program, that we do 
not undercut arms control agreements that have achieved significant and 
real results in reducing the nuclear threat.

  Mr. President, I yield the floor.
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. Mr. President, I thank the distinguished Senator for 
his comments. I look forward to a spirited debate on this subject.
  Mr. President, Senator Warner is a valuable member of the Armed 
Services Committee. He has been on the committee a long time and done a 
fine job. I now yield such time as he may require.
  Mr. WARNER. Mr. President, I thank my distinguished chairman.


                         Privilege of the Floor

  Mr. WARNER. Mr. President, first, I ask unanimous consent that Comdr. 
Mike Matthes, U.S. Navy, a fellow assigned to my office, be granted 
floor privileges during the consideration of S. 1745.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I will begin by again recognizing the fine 
leadership provided by Chairman Strom Thurmond of South Carolina, and 
Senator Sam Nunn of Georgia, our ranking member. This year, as in many 
years past, the defense authorization bill is truly a bipartisan 
product. I

[[Page S6381]]

have often thought that in areas of defense and foreign policy 
partisanship stops at the water's edge, a concept envisioned by one of 
our former colleagues many years ago. I think it is a concept that is 
as true today as it was then.
  Despite some differences, we were able to work together to 
unanimously report out the bill which is before the Senate at this 
time. Less than 3 months after receiving the administration's budget 
request, the Armed Services Committee had conducted a thorough set of 
hearings and completed its markup of the defense authorization bill. 
This record-setting pace is a tribute to the committee chairman, 
Senator Thurmond, and the ranking member, and the fine professional 
staff under the direction of Col. Les Brownlee, U.S. Army, and Gen. 
Arnold Punaro, U.S. Marine Corps.
  Mr. President, the bill before the Senate goes a long way towards 
ensuring that our Armed Forces will remain capable of meeting the many 
challenges that lie ahead. To achieve this goal, the committee added 
$12.9 billion to the Clinton administration's budget request and 
concentrated the additional funding in the vital modernization 
accounts.
  President Clinton's request of $254.4 billion represented an $18.6 
billion real decline in defense spending from the fiscal year 1996 
appropriated level. Over the past decade, Mr. President--I want to 
repeat that--over the past 10 years, the amount the United States has 
spent on defense has declined by 36 percent in real terms. Of course, 
that reflects adjustments for inflation. Even with the funding added by 
the Armed Services Committee, this year will mark the 12th straight 
year of declining defense budgets. To all of the critics, I simply say 
what we have done is not increase defense spending; we have merely 
slowed the rate of decline. That was the purpose of adding back these 
funds to the President's budget.

  I was particularly concerned with the inadequate funding of the 
procurement accounts contained in the President's budget. Despite last 
year's promises that a modernization ramp up would begin in 1997, 
procurement funding continued a dramatic decline. We are already at a 
40-year low, Mr. President. Not since the start of the Korean war have 
we spent so little on purchasing new weapons for the men and women of 
the Armed Forces today and, also, Mr. President, future generations.
  May I give a few examples.
  Ten years ago, fiscal year 1986, the United States of America 
purchased 840 new tanks. This year no new tanks are requested.
  Ten years ago, in 1986, the United States purchased almost 400 new 
tactical aircraft. This year only 34 new tactical aircraft were 
requested.
  Ten years ago, Mr. President, we purchased 40 new ships for the U.S. 
Navy. This year only 6 new ships were requested.
  Enough, I think, is enough, Mr. President.
  U.S. troops are currently deployed in 10 separate military operations 
overseas. Despite the end of the cold war, we are calling on men and 
women of the Armed Forces at an ever increasing rate. It is our 
responsibility to provide our troops with adequate resources so they 
can effectively and safely perform their missions. We must not ever 
send them into harm's way with equipment that is less than the best, 
particularly if it is outdated.
  As Army Chief of Staff Reimer told the Armed Services Committee in 
March of this year, and I quote that distinguished soldier:

       In the event of a conflict, a lack of modern equipment will 
     cost the lives of brave soldiers.

  I was impressed with the candor shown by the military leaders, 
particularly those of the Joint Chiefs, who testified before the Armed 
Services Committee this year during the course of the budget hearings. 
I told all of the service chiefs--I said I did--all members of the 
committee joined in advising these chiefs that their challenge is to 
ensure that their successors 10 years hence will have the forces and 
the equipment they will need to protect our Nation's interests.
  It was clear from their testimony that the budget submitted by 
President Clinton was not adequate to meet this challenge. In fact, 
prior to the administration's budget submission, the Joint Chiefs, to 
the man, unanimously recommended a procurement budget of $60 billion as 
soon as possible. Unfortunately, that advice was not followed, and the 
administration proposed a procurement budget of only $38.9 billion.
  During the committee's markup, the Armed Services Committee made 
progress in addressing this shortfall by adding almost $8 billion to 
the procurement accounts. The AirLand Forces Subcommittee, which I am 
privileged to chair, added over $4 billion for additional tactical 
aircraft, upgrades to existing aircraft, precision guided munitions, 
tank upgrades, new attack and scout helicopters, new radios, jeeps, 
night vision devices, and other critical equipment. These addition will 
not correct all of the modernization shortfalls, but they are a step in 
the right direction.
  I want to highlight one item contained in this bill that is very 
important to me, and has been for many, many years, beginning with my 
service as Under Secretary of the Navy in the year 1969, through my 
service as secretary in 1972 on into 1974, which is the U.S. Navy 
submarine program. Today, Russia, in my judgment, is putting a 
disproportionately large amount of their defense spending toward their 
military assets beneath the seas of the world. It is incumbent upon the 
United States of America, in every respect, to not only maintain the 
force we have today, but to modernize that force in the face of a 
determined effort by Russia to try and take command of the submarine 
tactical ability that they have and to meet us head on. That concerns 
me.
  That brings me to the subject of the New Attack Submarine Program. 
Last year, our committee fought long and hard to reach an agreement 
with the administration to provide for competition in the procurement 
of this new class of submarines. The administration had originally 
proposed a sole source award of this work to Electric Boat in 
Connecticut--effectively prohibiting competition and cutting Newport 
News Shipping & Dry Dock, which is located in my State, out of future 
submarine construction. Newport News has been in the new construction 
submarine programs since World War II. There is no question about its 
competence and its cost effectiveness to compete for the new class of 
submarines.
  We struck, in our committee--with the cooperation of the 
distinguished Senator from Connecticut, a valued member of our 
committee, and my colleague, Senator Robb, joining me in this effort--a 
compromise as part of the 1996 defense authorization bill, which 
provided for construction of the first 4 new attack submarines at two--
not one--shipyards--namely, that in Groton, CT and that in Newport 
News, VA--with a competition for the fifth and remaining boats in the 
class.
  Unfortunately, the administration failed to request adequate funding 
to execute the 1996 submarine program, largely initiated in the Senate. 
But then once in conference, very valuable contributions were made by 
my colleague, Congressman Bateman, and others, on the House committee. 
The final bill, of course, was shaped for 1996, which laid out a clear 
course for competition between these two yards. Competition, Mr. 
President, has proven, through the decades of procurement, to provide 
for the American taxpayer the greatest degree of savings. It was 
imperative that this competition be put in this very large program, 
envisioned to exceed perhaps over $50 billion in the next 20 years or 
so.
  The bill before the Senate today corrects this problem by providing 
both funding and directive language to ensure that the shipbuilding 
compromise and the competitive process mandated in the 1996 defense 
authorization bill is adhered to by the administration.
  Mr. President, before the Senate is a fine bill. I am proud to join 
my colleagues on the committee--and I think everyone in the U.S. 
Senate--in acknowledging that our military is second to none worldwide. 
We need no less than to carry out the very heavy responsibilities of 
this Nation in terms of its world role of leadership--not world role of 
policeman, but world role of leadership--if we are to remain the 
world's most powerful Nation in terms of leadership on security 
matters. We must be willing to provide adequate funding today for our 
troops and tomorrow in the form of procurement for

[[Page S6382]]

modern weapons. This bill accomplishes that goal.
  Mr. President, I salute, once again, the distinguished chairman of 
the committee, Mr. Thurmond of South Carolina, and the distinguished 
ranking member, Mr. Nunn of Georgia.
  Mr. President, I yield the floor.
  (Mr. ASHCROFT assumed the chair.)
  Mr. THURMOND. I wish to commend the able Senator from Virginia for 
the fine contribution he has made to this debate.
  Mr. WARNER. I thank my colleague.
  Mr. THURMOND. Mr. President, I yield to the able Senator from Texas, 
a valuable member of the Armed Services Committee, such time as she may 
require.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. I, too, want to thank the Senator from South Carolina 
for the leadership he has given to the committee and his strong and 
enduring, never-flagging support for the military of our country.
  Mr. President, the post-cold-war era has brought about tremendous 
changes in our security environment. The absence of great power 
confrontation is the peace dividend we have received as a result of our 
military investments in the 1980's. While the end of the cold war 
changed the strategic environment, serious threats remain. For just as 
soon as we paused in our celebration over the fall of the Berlin Wall, 
Saddam Hussein dashed all illusions that this new era meant an end to 
the requirement for a strong military capability.
  Shaping our military forces to meet existing and future challenges 
requires strong leadership, strong leadership by the Congress and the 
President together, to make sure that we have a military that will keep 
the freedom that we so enjoy.
  As we reduce our military forces to the lowest level since just prior 
to the outbreak of World War II, we must remain mindful that the 
threats we face are global in nature and that the training requirements 
of a smaller military must be even more rigorous to retain readiness.
  Mr. President, I am very concerned that continuing cuts in defense 
spending will leave us with a military force structure that lacks the 
manpower and materiel to defend the United States and our vital 
interests. This would be disastrous, not only for the United States, 
but certainly for our allies and for peace and stability in the world. 
We need to keep in mind that our national security assumptions are 
based on the capability of our drastically downsized military forces to 
fight and win two major regional conflicts. We do not know from where 
the threats will come in the future. But the magnitude of the challenge 
we have set forth for our military force is discernible from recent 
history.
  In addition to forces currently deployed in Haiti, northern Iraq, the 
Sinai, and now in Bosnia, we could also conceivably find ourselves 
facing the threat of all-out North Korean aggression, or renewed 
aggression by Saddam Hussein. Both represent very real threats to our 
national security interests, and both demonstrate the increased risk we 
face when we dissipate our military strength through involvement in 
operations such as Bosnia and Haiti, which do not represent clear 
national security interests.
  Mr. President, none of us wants to think of this scenario, but it is 
not inconceivable. In depending on our slimmed-down forces to meet 
these very real and terrible threats, we must have an expectation that 
our men and women in uniform can meet that threat if we provide the 
support that they need.
  The success in Operation Desert Storm demonstrated the unequaled 
capabilities of our military. Even after the post-cold-war drawdown our 
Army, Navy, Air Force, and Marines remained the best trained, the best 
led and the most formidable fighting forces in the world. But that 
superb quality could be at risk. If we do not make the correct 
strategic decisions today we will reap the sad rewards 5 to 10 years 
from now. Our responsibility in this Congress is to minimize the risk. 
I am personally committed to that goal. Before we send soldiers into 
harm's way, whether it be a Desert Storm, or a Somalia, or a Haiti, or 
a Bosnia, it is our responsibility here in Congress to ensure that our 
military personnel are provided the equipment and training they 
deserve.
  While the President is the Commander in Chief, under our Constitution 
our Founding Fathers established a primary role for Congress. Our 
Founding Fathers decided that the Congress would have the sole ability 
to declare war, the power to make regulations of the land and naval 
forces, the power to call forth the militia, to raise and support the 
Army and the Navy, the power to provide for organizing, arming and 
disciplining the military. When Congress deliberates and considers 
executive branch judgments on military policy, we are fulfilling our 
constitutional responsibility.
  I continue to have strong reservations about whether or not we are 
providing enough to enhance our military capability. While the major 
provisions of this bill go a long way toward addressing some of the 
serious defense shortfalls, I believe serious weaknesses remain which 
have not been adequately addressed.
  As we try to achieve an elusive peace dividend we do so at the 
expense of our military capability. We have cut too far too fast and 
too deep. Based on the threats we face today we still need a strong 
military capability.
  How do you define sufficient capability, and what does having this 
capability mean for our men and women in battle? To soldiers, sailors, 
airmen, or marines in harm's way sufficient military capability means 
they have what it takes to win decisively. It means they take fewer 
casualties. It means they survive the battles and come home to their 
loved ones.
  General Eisenhower once noted that, ``If asked to capture a village 
defended by a battalion, I would send a division and I would take the 
village without casualties.'' That is what having sufficient military 
capability means--accomplishing the mission with as few casualties as 
possible. This has always been the hallmark of U.S. military 
operations. We have as Americans preferred to expend firepower and 
resources--not personnel.
  As a member of the Armed Services Committee I have often gone on 
record with my concerns over the speed of the current drawdown and the 
implications for our national security. The current force structure 
simply does not meet our national security requirements.
  By further stretching our resources to participate in Bosnia 
operations I am afraid that we could soon be faced with the painful 
reality of just how much this drawdown has affected our military. 
President Bush, Secretary Cheney and General Powell proposed what they 
termed the ``base force.'' President Clinton's current force is 
referred to as the ``Bottom-Up Review force.'' It is significantly 
smaller than the Bush plan. The stated goal of both forces is to be 
able to prevail in two major regional conflicts, and it is referred to 
as the ``two MRC requirement.'' The main difference between the two is 
that under the base force we would be capable of winning under the base 
force. We would be capable of winning two simultaneous major regional 
conflicts. But under the Bottom-Up Review force we could prevail in 
winning two near simultaneous major regional conflicts. The difference 
between those two terms, Mr. President, is as vast as an ocean.
  First, what does ``near simultaneous'' mean? Is it a week? Is it 6 
months? Will we have 9 months to build up from a nonmilitary or 
security deployment of our troops? Under the base force it was assumed 
that some forces would be engaged in operations other than war, or 
peacekeeping such as we have in Bosnia. These forces would not be in 
the calculation for winning two major regional conflicts because the 
combat skills of any military unit degrade when they are not training 
for their primary mission. Rather than send troops into a combat 
situation for which they might be woefully unprepared they were 
excluded from the two MRC calculations.

  So what we are saying is under the base force that was put forward by 
President Bush these operations other than war would not count toward 
our goal of winning two major regional conflicts simultaneously. But 
the Bottom-Up Review force under President Clinton removes that 
cushion. General Shalikashvili said in testimony before the Senate 
Armed Services Committee that if one major regional conflict

[[Page S6383]]

arises, forces performing operations other than war will have to be 
withdrawn in order to go to a second major regional conflict.
  Mr. President, that is a vast difference from what the base force 
that President Bush envisioned would be capable of doing. That takes 
away the ability to have simultaneous conflicts that we would win, and 
says nearly simultaneous because we would have to rush out and retrain 
troops that were in an operation other than war because they are not 
trained and ready for combat when they are performing humanitarian or 
peacekeeping missions.
  We have a large force in Bosnia today. We have sent an entire Army 
division plus support troops to Bosnia totaling 20,000 personnel with 
5,000 at least in Croatia and Macedonia and with thousands more 
supporting this operation from Hungary, Italy, Germany, the 
Mediterranean and the United States. This deployment is said to last 
for a year, and during that time we are not able to have our troops in 
training for their combat missions. The Bosnian deployment will cost us 
billions of dollars in unprogrammed contingency defense expenditures in 
addition to the billions that we know it will cost up front. The 
military services could have to deplete vital training accounts to pay 
for these unplanned operations.
  As a member of the Armed Services Committee I am alarmed by the cuts 
that I see being contemplated in our Armed Forces. In my view, many of 
the reductions which have occurred in the past 5 years have seriously 
undermined the capability to support a national defense strategy in 
which we must be prepared to fight and prevail in two major regional 
conflicts simultaneously. In fact, I feel very strongly, Mr. President, 
that in rapidly reducing our Armed Forces from 2.1 to 1.4 million we 
have already reduced their size to a level that is inadequate to meet 
our needs, and we can reduce no further.
  When General Sullivan, the former Chief of Staff of the Army, assumed 
his position his watchword as the drawdown began was no more Task Force 
Smiths. He was referring, of course, to the task force commanded by Lt. 
Col. Bradley Smith which was rushed into battle in Korea in July 1950 
to counter the North Korean attack. This courageous American force was 
sent into battle outgunned, ill-equipped, and ill-prepared, and was 
quickly and easily overrun by the Soviet-equipped North Korean force. 
At the time Americans were shocked to learn that the same military 
which defeated the Japanese and the German armies 5 years before had so 
quickly become a hollow force.
  Last summer, our Nation dedicated a memorial to those who fought in 
the Korean war. That honor was long overdue. My husband served in the 
Navy during this time. He and I went to see the Korean monument. And I 
am going to tell you that visiting the monument to our veterans of the 
Korean war is one of the most poignant and beautiful experiences that I 
believe I have ever had.
  It is a real tribute to those valiant warriors. Now as we consider 
the 1997 defense authorization bill, we should reflect not only on 
those who died in Korea but on the lesson that we should have learned 
from that war. One of the finest books written about that Korean war is 
``This Kind of War: a Study in Unpreparedness,'' by T.R. Fehrenbach, a 
fellow Texan and close friend of mine. As an infantry commander, he 
experienced the conflict from a unique vantage point, and his book, 
first published in 1962, remains in print today. I commend this book to 
my colleagues because what Mr. Fehrenbach is saying is we must always 
have a trained and ready field force, that whatever we try to do from 
the air is not going to win a war and we are not going to protect our 
freedom throughout civilization if we do not have the ability to go 
into the field, and place soldiers on the ground, well equipped and 
well trained.
  Mr. President, what we are talking about today is making sure we have 
it all--that we have the technology, that we have the airlift and the 
sealift that will allow us to take that very last step, which is 
placing our troops on the ground. We are talking about having the 
training and arming our troops who must capture hold that ground while 
at the same time that we are making sure we have all of the strategic 
and technological advances which would keep them from having to go in 
the first place. But if we must send our forces, we want them to have 
all of the protections we can give them. So we need the technology; we 
need the equipment; we need the personnel; and we need the training. 
That is what we are talking about in this bill today.
  We are having a major conflict with the President and the Congress on 
just what we need in terms of military capability. Congress is trying 
to get the military spending up so that we will not have a hollow 
force, so that we will be able to win two major regional conflicts 
simultaneously, because that is what a ready force is, and so that we 
will be able to prevail in two major regional conflicts quickly and 
with the fewest possible casualties.
  That is our goal, and that is why Congress wants to spend $10 billion 
more than the President wants to spend to make sure that when the 
troops are in the field they are trained and equipped, to make sure 
they have the air cover they need, to make sure they have the equipment 
they need to protect them if they are in the field, and to make sure 
our shores are protected from any kind of incoming ballistic missile, 
which we now know 32 countries in the world have the capability to 
produce and someday soon send to our shores. We even have groups that 
are not countries with that capability. And with open borders, we could 
be vulnerable if we do not do what is right and make the strategic 
decisions that will protect the people who live in our country and will 
protect those who are protecting our freedom anywhere in the world in 
any theater from coming into harm's way if we can prevent it.
  Mr. President, those are the decisions we are making with this bill. 
I hope we can sit down with the President to make sure we are doing 
what is right for our troops in the field today, for the protection of 
freedom today, and to make sure we will not wake up 5 or 10 years from 
now and realize that we have allowed another task force Smith; that we 
did not do what we needed to do in terms of the strategic thinking 
necessary to make sure we were not vulnerable to any kind of attack 
from any source in the world.
  I commend the Senator from South Carolina for his leadership. I yield 
the floor.
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. I wish to commend the able Senator from Texas for the 
excellent remarks she has made on this bill. She has made a fine 
contribution to this debate.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. THURMOND. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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