[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.
[[Page S6318]]
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
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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
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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
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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.
____________________