[Congressional Record Volume 142, Number 101 (Wednesday, July 10, 1996)]
[Senate]
[Pages S7514-S7612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
The PRESIDING OFFICER. Under the previous order, the hour of 11:30
a.m. having arrived, the Senate will now resume consideration of S.
1745, which the clerk will report.
The assistant 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 resumed consideration of the bill.
Mr. THURMOND addressed the Chair.
The PRESIDING OFFICER (Mr. Frist). The Senator from South Carolina is
recognized.
Mr. THURMOND. Mr. President, the Senate has completed many long hours
of debate on S. 1745, the National Defense Authorization Act for fiscal
year 1997.
I would like to thank the distinguished ranking member of the
Committee on Armed Services, my good
[[Page S7515]]
friend Senator Nunn, for his insight, wisdom, and devotion to our
Nation. He and I have always worked to provide our Armed Forces with
the direction and resources they need to carry out their difficult
responsibilities. Our future collective efforts will be diminished by
his absence.
Senator Nunn was named chairman of the ad hoc Subcommittee on
Manpower and Personnel in 1974 and he served in that capacity until
1981. In 1983, he became the ranking minority member and in 1987 he
became the chairman of the committee. He served with distinction in
that capacity for 8 years, and earned the respect of leaders around the
globe for his wisdom, statesmanship, and insight. A hallmark of his
tenure, and a basis for his effectiveness, was the trustworthy and
bipartisan manner in which he conducted the committee's business. Our
Nation owes Senator Nunn its deepest appreciation for his truly
distinguished service.
I would also like to recognize the outstanding contributions of
Senators Cohen and Exon, who are departing the Senate. They have worked
and fought hard to preserve our national security, and provide for the
well-being of our men and women in uniform.
Mr. President, I want to extend my deep appreciation also to the
distinguished majority leader, Senator Lott, who has been most helpful
in every way in bringing this bill to final passage. He is a fine and
able leader of whom the Senate can be proud.
I also want to thank all the members from both sides of the
committee, and particularly Senator Warner and Senator McCain, for
their leadership and assistance on the floor.
In addition, I would like to commend the entire staff of the
Committee on Armed Services for their dedication and support. I would
like to recognize each of them individually for their effort on this
bill. I will soon ask unanimous consent that a list of the committee
staff be printed in the Record.
I also want to recognize and thank Greg Scott and Charlie Armstrong,
the legislative counsels who crafted the language of this bill.
We have achieved a number of important successes in this bill, and I
commend my colleagues for their good judgment. Among these successes
are:
Increasing the budget request by $11.2 billion to revitalize the
procurement, and research and development accounts, which form the core
of future readiness;
Significantly improving quality of life programs for our troops and
their families, including funds for housing, facilities, and real
property maintenance;
Authorizing a 3-percent pay raise for military members and a 4-
percent increase in the basic allowance for quarters, to arrest part of
the decline in compensation;
Establishing a dental health care insurance program for military
retirees and their families, to keep faith with those who have kept
faith with our Nation;
Increasing the level of funding requested in the President's budget
for Department of Defense counternarcotics activities, to combat the
flow of illegal drugs;
Authorizing increases for the Space and Missile Tracking System,
cruise missile defense programs, and ballistic missile defense advanced
technologies;
Accelerating the Department of Energy's phased approach to tritium
production, and upgrading tritium recycling facilities; and
Providing funding for essential equipment for the Active, Guard, and
Reserve components.
These are important achievements that reflect significant bipartisan
effort, both within the committee and on the Senate floor. I urge my
colleagues to endorse this bill with a solid vote of approval, to
support our men and women in uniform who go in harm's way every day to
protect our Nation.
I ask unanimous consent that the list of staff I referred to earlier
be printed in the Record.
There being no objection, the list was ordered to be printed in the
Record, as follows:
Armed Services Committee Staff
Majority
Les Brownlee, Staff Director. Charles S. Abell; Patricia L.
Banks; John R. Barnes; Lucia M. Chavez; Christine K. Cimko;
Kathie S. Connor; Donald A. Deline; Marie Fabrizio Dickinson;
Shawn H. Edwards; Jonathan L. Etherton; Pamela L. Farrell;
Cristina W. Fiori; Larry J. Hoag; Melinda M. Koutsoumpas;
Lawrence J. Lanzillotta; George W. Lauffer; Paul M.
Longsworth; Stephen L. Madey; John Reaves McLeod; John H.
Miller; Ann Mary Mittermeyer; Bert K. Mizusawa; Lind B.
Morris; Joseph G. Pallone; Cindy Pearson; Sharen E. Reaves;
Steven C. Saulnier; Cord Sterling; Eric H. Thoemmes; Roslyne
D. Turner; Mary Deas Boykin Wagner; Jennifer Lynn Wallace.
Minority
Arnold L. Punaro, Staff Director for the Minority.
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.;
Maurice Hutchinson; Jennifer Lambert; Michael J. McCord;
Frank Norton, Jr.; Julie K. Rief; James R. Thompson III;
DeNeige V. Watson.
Mr. NUNN addressed the Chair.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. NUNN. Mr. President, I thank Chairman Thurmond very much for his
gracious remarks concerning my participation in this bill and also my
participation over the last 24 years in the Defense authorization
process and matters affecting our national security.
I also say to my friend from South Carolina that I identify with and
completely support his remarks about two outstanding members of our
committee, Senator Exon on the Democratic side and Senator Cohen on the
Republican side. These two individuals have made truly enormous
contributions to our Nation's security.
I have worked with Senator Exon on many different matters over the
years. He has been a stalwart on strategic matters, and really has made
immense contributions to our overall security.
Senator Cohen and I have joined together time after time in working
on matters of great importance, including the special operating forces
where he truly has been an expert and a leader. Senator Cohen is an
expert on Asia and also has all sorts of legislative interests beyond
the Defense Committee. But he has made tremendous contributions to the
men and women who serve our Nation and to the taxpayers of our Nation.
These two individuals, Senator Cohen and Senator Exon, truly will be
missed.
In the brief time allotted to us today, I will defer my detailed
expression of appreciation to members of the committee and staff for
their dedicated service in securing passage of this legislation until
we act on the conference report.
But I would like to summarize my thoughts at this time.
First and foremost, I would like to thank our distinguished chairman,
Senator Thurmond. Through his leadership, his strength, and his
steadfast and dedicated commitment to the national defense, this bill
is about to pass. It is my honor and privilege to work with him on all
of the committee matters, and indeed have had the great pleasure of
working with him over the years. I know that his service will continue
with the strength and leadership that he has had in the past.
I am also grateful to all of the other committee members on both
sides of the aisle who have dedicated themselves to this important
bill. Our subcommittee staff have done yeomen service on this bill.
They deserve much credit for the passage of the bill. We brought a
sound, good defense bill to the floor.
There were a number of concerns that have now been ironed out. I
think of such as demarcation, as in the ballistic missile and theater
missile defense area, and also regarding the ABM Treaty; the
multilateral provision that was in the bill. Both of those have been
greatly improved on the floor. It is my strong impression that this
bill will be acceptable to the administration.
We have a real challenge in the House-Senate conference because there
are a number of provisions that clearly would not be acceptable to the
administration. In the House bill, we have to prevail upon those issues
if we are going to have a Defense bill signed into law this year.
The Senate also adopted a provision sponsored by Senator Lugar,
Senator
[[Page S7516]]
Domenici, and myself to bolster our defenses against weapons of mass
destruction, including nuclear, chemical, and biological weapons, both
at home and abroad. We need no reminder that we are in an era of
terrorism now. We spent all day yesterday in the hearing regarding the
tragedy that took place in Saudi Arabia. Of course, our heart goes out
to all of the families and to the men and women involved in that who
were serving our Nation.
The provision that passed the Senate in this bill improved existing
programs, such as the Nunn-Lugar program designed to stop proliferation
of nuclear, chemical, and biological weapons at its source, primarily
the former Soviet Union. But the primary new threat is on domestic
preparedness against terrorist use of weapons of mass destruction, such
as chemical, biological, and nuclear.
It is very, very clear by the hearings that we have had in the
Permanent Subcommittee on Investigations, as well as other hearings,
that we are not prepared as a nation to deal with chemical or
biological attack. We have a long way to go in the overall area of
getting our policemen, our firemen, and our health officials able to
handle one of these threats, if it ever comes. But primarily our effort
must continue to be to stop the sources of this proliferation at the
very beginning before they leave the country where the weapons are,
where the scientists are, and where the technology is; and also to make
sure, if that does happen, that we stop those weapons at our own
borders before we have to deal with the attacks. But we have to have a
tiered defense against this growing threat.
I think we will have an even stronger bill in conference since the
Senate has taken action on the floor. I urge my colleagues to support
this important defense measure.
The cooperation and help exhibited by all Senators, floor staff,
parliamentarians, clerks, the Reporters of Debates, attorneys, and the
Legislative Counsel's Office is very much appreciated by this manager
of the bill. I am sure the chairman feels likewise.
Finally, Mr. President, I have to express my appreciation to the
superb committee staff on both sides of the aisle, and to our two staff
directors, Les Brownlee with the majority and Arnold Punaro with the
minority. They have done a magnificent job of managing and motivating
in order to keep this bill on track and moving.
I particularly want to express my appreciation to Les Brownlee, who
has just become the staff director, although he has been a stalwart
both in his service to our Nation in the Army as well as his service on
this committee. But he has truly done a tremendous job as staff
director on this bill. We have enjoyed very much working with him in
his new capacity, as we did in his former capacity.
I appreciate the hard work of both of the staffs. I will have more to
say about them when we get the conference report back. They are not
through working yet. So I do not want to overcongratulate them until we
get through with the bill and we actually have it ready for conference.
I thank the chairman for his dedication.
I thank all of the members of our staff for their sacrifices which
they have endured, and their families, in order to bring this bill to
the floor.
Mr. President, as we conclude the debate on the national Defense
authorization bill for fiscal year 1997 I would like to take a moment
to bring to the Senate's attention recent remarks made by a former
Senate colleague and a valued friend, Alan Dixon.
Last year, Alan Dixon had the difficult task of chairing the 1995
Base Closure Commission. While some may not agree with various aspects
of the Commission's findings, the Commission, under the tremendous
leadership of Alan Dixon, fulfilled its obligation to make fair
assessments of Department of Defense recommendations for base closures
and realignments, to review additional closure and realignment options,
and to make final recommendations to the President on ways in which the
Department of Defense must reduce its excess infrastructure.
DOD and the military services are executing these final BRAC
decisions and affected local communities are making, plans for reuse
and economic development. Mr. President, there is no easy part to base
closure--the final recommendations were not easy for the Commission,
implementation of the final decisions by the services is not easy, and
base reuse by local communities is not easy. Not easy, but a necessary
part of the Department's ability to afford modernization and readiness
in the future.
Mr. President, Alan Dixon made a speech before the American Logistics
Association Conference on June 18 where he summarized the 1995 Base
Closure Commission's actions and commented on what should be considered
in terms of a future round of base closure. In his remarks, he pointed
out, as senior military and civilian defense leaders have also
indicated, that excess capacity and infrastructure will remain even
after all base realignment and closure actions from the 1988, 1991,
1993, and 1995 rounds have been completed. In order to address this
excess infrastructure using the same Commission-type framework, Senator
Dixon recommends that Congress authorize another Commission. I believe
it is important that Alan Dixon's remarks be made part of the Record
for all to read and consider.
Mr. President, I commend our former colleague, Alan Dixon, on his
leadership and dedicated service on issues of great importance to our
national security.
I ask unanimous consent that Senator Dixon's remarks be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Perspective on Future Base Closings
Thank you for the opportunity to speak to your convention
today. Throughout my career of public service I was a strong
advocate for the readiness of our military services and the
quality of life for our military members and their families,
so it is a real pleasure for me to be addressing a group that
contributes so much to these important goals.
Today I am going to talk a little bit about the base
closure process--both the work of the 1995 Base Closure
Commission which I chaired and what I see as the future of
the base closure process.
Let me start just by giving a quick summary of the work of
the 1995 Commission.
The 1995 Commission was actually the fourth--and under
current law--the final round of base closing authorized by
the Congress to operate under special expedited procedures.
The first base closing round was in 1988. In my view this
first round was seriously flawed from a procedural point of
view. I was one of the principal authors of the 1990 Base
Closure legislation that set up the succeeding three base
closure rounds, and I think we corrected most of the
procedural shortcomings of the 1988 rounds.
Altogether, the 1995 Commission recommended the closure of
79 military installations; the realignment of 26 others; and
approved 27 requests from the Defense Department to change
recommendations of previous Commissions.
The 1995 Commission rejected only 19 of the 146 closures or
realignments proposed by DOD, and we closed or realigned 9
installations not requested by the Pentagon.
Like previous Commissions, the 1995 Commission made changes
to the list of closures and realignments proposed by DOD only
in those cases where we found that the Secretary of Defense
deviated substantially from the force structure plan or the
selection criteria. Of the 147 recommendations on Secretary's
original list, we approved 123, or 84 percent. This is almost
identical to previous Commissions. The 1993 Commission
accepted 83 percent of DOD's recommendations, and the 1991
Commission accepted 83 percent.
The 1990 Base Closure Act anticipated that the Commission
would give great deference to the Secretary of Defenses's
recommendations, and you can see that all three Commissions
did that.
I am particularly proud of the fact that the estimated 20-
year savings from the 1995 Commission recommendations of just
over $19.3 billion were $323 million higher than the revised
savings baseline of $19.0 billion projected by DOD. This was
the only time in the three closure rounds that the Commission
achieved greater savings than contemplated by the Defense
Department.
The 1995 Commission also included in our report a set of 20
recommendations for the President, Congress and local
communities that suggested ways to improve the process of
helping local communities recover from the economic
consequences of a base closure.
Finally, and we will talk a little more about this in a
moment, the 1995 Commission recommended that Congress
authorize another round of base closures in the year 2001.
I think most of you are aware that President Clinton was a
little upset with a couple of our recommendations--
particularly the ones to close the Air Force Logistics
Centers in Sacramento, California and San Antonio, Texas--but
ultimately forwarded our recommendations to the Congress.
The Resolution of Disapproval introduced in the House of
Representatives was defeated by a vote of 343 to 75 on last
September 8.
[[Page S7517]]
After four separate base closure rounds, do we need to close more
bases?
In my view, the answer is yes.
In the last 10 years, the defense budget has declined in
real terms by almost 40 percent, and current plans call for
the defense budget to remain essentially stable through the
end of the century. Overall, DOD has reduced the size of the
military services by about 30 percent--and some are saying
that further reductions in force levels are likely before the
end of the decade.
The cumulative reduction in our domestic base structure
from the 4 base closures rounds is approximately 21 percent.
I am not saying that there should be a direct correlation
between reductions in force levels and reductions in basing
structure, but I think we can and should reduce more base
structure.
The senior DOD leadership also thinks we need to close more
bases.
Secretary of Defense Bill Perry told the Commission last
year that DOD would still have excess infrastructure after
the 1995 round, and suggested the need for an additional
round of closures and realignments in 3 to 4 years.
General Shalikashvili, the Chairman of the Joint Chiefs,
agreed with Secretary Perry on the need for additional base
closing authority in the future. He told us that
opportunities remain in DOD to increase cross-servicing,
particularly in the area of joint-use bases and training
facilities.
Josh Gotbaum, who at the time was Assistant Secretary of
Defense for Economic Security and oversaw the base closure
process for OSD, told the Commission that ``Even after BRAC
95 has been implemented we will continue to have excess
infrastructure. Future base closure authority will be
necessary.''
How many additional bases should be closed, and in which military
services?
It was painful enough last year to vote to close specific
bases, so I am not about to get in the business of suggesting
which ones ought to be closed in a future round. Those
decisions can only be made after a thorough review and
analysis by the military services and some future Commission.
I will suggest some functional areas that should be looked
at, based on the work that the 1995 Commission did.
In general, I would put a premium on retaining operational
bases that have unique strategic value or that have good
training ranges and airspace that provide opportunities for
realistic training. One of the keys to maintaining our
qualitative edge over future potential adversaries is to
provide our forces frequent, realistic opportunities to train
as they would have to fight. So where we have large bases
with operational units with access to good training airspace
or extensive land for training ground forces, we should think
long and hard before closing them.
I think the greatest opportunities for future closures lie
in the support infrastructure.
The Defense Department's industrial facilities represent
one area where I think further reductions are possible.
Secretary of the Army Togo West told the Commission last
year that ``our analysis tells us that the Department of
Defense is bleeding depot money. We are just spending money
on capacity that we simply do not need now.''
The Commission on Roles and Missions, chaired by my friend
John White who subsequently became the Deputy Secretary of
Defense, reached the same conclusion. Their Report in May of
last year said that ``With proper oversight, private
contractors could provide essentially all of the depot-level
maintenance services now conducted in government facilities
within the United States. . . . We recommend that the
Department make the transition to a depot maintenance system
relying mostly on the private sector. DOD should
retain organic depot capability only where private-sector
alternatives are not available and cannot be developed
reasonably.''
So I think the military services can look at their
industrial activities for more closures.
We also found in the 1995 Commission that there was a great
deal of overlap and duplication in the area of R&D labs and
test and evaluation facilities. In preparing the 1995
recommendations, OSD set up 6 cross-service groups to look at
functions across the military services, and we heard
testimony from the directors of each of those cross service
groups. The leaders of the Labs and Test and Evaluation
Facilities Cross Service Group told us that they were
frustrated by their inability to achieve any meaningful cross
servicing in this area and felt that much more could be done.
Military medical facilities are another area where I think
the military services can make some savings without
compromising care to military members and their families or
to military retirees. Some of the members of the 1995
Commission looked into this, and the Commission concluded in
our Report that many opportunities remain for consolidating
military medical facilities across service lines and with
civilian sector medical resources.
what should a future base closure process look like?
I have never seen a process that can't be improved on, but
the fact is that the base closure process set up under the
1990 Base Closure Act worked pretty well. My friend Jim
Courter, who chaired the 1991 and 1993 Commissions, deserves
a lot of credit for putting in place the policies and
procedures that ensured that the process was open, fair and
objective.
Communities might disagree with the final recommendations
of the Commission, but I don't think any community ever said
that they were not given an opportunity to make their case
and did not receive a fair hearing.
By the end of the 1995 process, President Clinton was not a
big fan of the base closure process, but he said in a letter
to me that ``The BRAC process is the only way that the
Congress and the executive branch have found to make closure
decisions with reasonable objectivity and finality.'' I
think the President was right.
Our Commission recommended that Congress authorize another
Base Closure Commission for the year 2001 similar to the
1991, 1993 and 1995 Commissions--after the Presidential
election in the year 2000. We realized that the Defense
Department would have a lot of work to do to implement the
closures from the 1995 and prior Commissions through the end
of this decade. Since the 1990 Base Closure Act gives DOD 6
years to complete closures, the closures from the 1995 round
will not be completed until 2001.
is congress likely to enact legislation setting up another base closure
round?
When I was Deputy Majority Whip of the United States Senate
I had a hard time predicting from one day to the next whether
I would be able to have dinner that night with my wife, so I
hesitate to predict what Congress is likely to do on this
sensitive subject.
There are some who say that Congress will not set up
another Base Closure Commission because it is too painful a
process to go through. There is no doubt that it was a
painful process for members of Congress. We wrote the 1990
Base Closure Act to insulate the process from political and
parochial influences as much as possible, and I think we
succeeded to a large extent. Our 1995 Commission listened
carefully to the view of members of Congress, but these
members did not have any more influence on the votes of our
Commission and the outcome of the process than the state and
local officials and even the individual citizens in the
communities affected by our decisions.
I was a member of the United States Senate for 12 years,
and I know that members of Congress don't like to be put in
the position that reduces their influence over the outcome of
a process that could affect the economic well-being of their
constituents. In this case, however, I think history shows
that the process of closing bases is so politically charged
that it has to be put in the hands of an independent
Commission that is insulated as much as possible from
partisan and parochial influences.
In my view, the defense budget is not likely to get much
larger in the next five years, and we still have a
requirement to maintain a ready, capable military. I am still
convinced that closing military bases is one of the keys to
the future readiness and modernization of our military
forces.
Ultimately, I think members of Congress realize this. As
painful as it is, we need to close more military bases, and I
think and hope that Congress will realize this and authorize
another Base Closure Commission in the future.
Mr. NUNN. Mr. President, I know Senator Pell is on the floor. I
believe Senator Helms is on the floor. So at this point I yield and
reserve any time I have remaining.
Mr. PELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. PELL. Mr. President, I share with the chairman of the Committee
on Foreign Relations, the Senator from North Carolina [Mr. Helms], and
the Senator from Maryland [Mr. Sarbanes] concerns with regard to
section 1005 of the Defense authorization bill. Senator Helms and I had
planned to offer an amendment to delete that section, but, as recess
approached, were not able to find an opportunity to do so.
This section of the bill would authorize spending under the Military-
to-Military Program for military education and training for military
personnel of foreign countries. The program would be in addition to the
International Military Education and Training Program now in operation
and overseen by the Committee on Foreign Relations, the Committee on
Appropriations, and their appropriate subcommittees. This new program
would not have the same congressional oversight.
Oversight of the International Military Education and Training [IMET]
Program has proved generally valuable in ensuring that the Congress is
comfortable with the activities undertaken pursuant to the program.
Just this year, for instance, the Department of Defense proposed a
program for a troubled country that was not consistent with its needs.
In consultation with two members of the Committee on Foreign Relations,
I requested that the Defense Security Assistance Agency modify the
program. They were quite prepared to consider our views and to
[[Page S7518]]
meet our request that the program be modified. I would point out that,
in that particular case, there has been a continuing and productive
dialog to ensure that the program for that nation does not conflict
with congressional concerns, but meets the reasonable objectives of the
Department of Defense.
There is no reason to conclude that the IMET Program is not supported
by the committees of jurisdiction. I would point out that the foreign
operations appropriations bill just reported by the
Senate Appropriations Committee provides a full $40 million for the
IMET Program in the next fiscal year. This sum represents an increase
in funding and reflects congressional willingness to back that well-
established program.
It makes no sense to create a duplicative military education and
training program under the Military-to-Military Contacts Program. The
IMET Program and the contacts program have different purposes and
goals. The Congress has been very careful to separate the programs to
ensure that the Military-to-Military Contacts Program would not be used
to circumvent the restrictions of the IMET Program and to prevent
duplication and overlaps.
Three provisions were added to prohibit funding for the Military-to-
Military Program from being used in countries that are ineligible for
IMET to require coordination with the Secretary of State and to prevent
the authorities from being used to transfer weapons. It is not at all
in the interests of the Congress or the country for the distinction
between these two programs to be blurred.
Mr. President, it is not at all clear why this provision is being
sought. It was not requested by the Department of Defense and it is
opposed by the Department of Defense and it is opposed by the
Department of State.
I believe very much that section 1005 has no place in this bill. I
hope that, with an eye both to comity and to good sense, it will be
dropped in conference.
Thank you, Mr. President.
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Mr. President, I believe there are 7\1/2\ minutes set
aside for me. Is that correct?
The PRESIDING OFFICER. That is correct.
Mr. HELMS. We are supposed to begin voting at 12?
The PRESIDING OFFICER. Correct.
Mr. HELMS. How many votes in tandem, three?
The PRESIDING OFFICER. We will have a series of five votes beginning
at 12 o'clock.
Mr. HELMS. I thank the Chair.
Mr. President, I have been around this place for almost 24 years now,
and I have never participated in the occasional turf battles that
occur, and I do not particularly enjoy making the comments I am about
to make but I feel obliged to make them for the record.
Mr. President, S. 1745, as introduced and reported by the Armed
Services Committee, contains, in my judgment, several significant
provisions falling clearly within the primary jurisdiction of the
Foreign Relations Committee. And I have disclosed now my interest in
that because I am chairman of the Foreign Relations Committee. I do not
think there can be a clearer case of imposing upon the jurisdiction of
the Foreign Relations Committee than section 1005 of the bill, entitled
``Use of Military-to-Military Contacts Funds for Professional Military
Education and Training.''
That is a lot of gobbledygook perhaps, but it is a provision that
represents an obvious effort by some to commandeer a longstanding
foreign policy instrument of the Department of State, that being the
International Military Education and Training program known familiarly
as IMET.
Section 1005 of this bill does not even pretend to differ
substantively from the existing IMET program. The proposed authority
would allow the Department of Defense to engage in a back-door foreign
assistance program without the supervision of the State Department or
the oversight of the Foreign Relations Committee by conducting
``military education and training for military and civilian personnel
of foreign countries.''
Mr. President, why should the United States establish this
duplicative program as identical authority already exists under chapter
5 of the Foreign Assistance Act which authorizes the President of the
United States to furnish ``military education and training to military
and related civilian personnel of foreign countries.''
Now, again, I am not going to get into any fight about the turf, but
I must point out that this is the second year that an attempt has been
made to seize foreign policy tools belonging solely to the Secretary of
State. At a time when we should be considering consolidating the
foreign affairs apparatus of the of the United States into the
Department of State, it makes no sense to me to proliferate the number
of foreign assistance programs outside the control of the Secretary of
State. It makes even less sense in light of the drastic budget cuts
undergone by the Department of Defense to pay for foreign aid in the
defense budget and from defense funds. The result will be more
nondefense spending in the 050 account.
This authority--and I have checked on this--was not requested by the
administration. It has not been agreed to in the administration's
interagency process, and I daresay that it likely is not supported by
the Secretary of State. However, I have not talked with or to Warren
Christopher about that. Because this provision falls within the
jurisdiction of the Foreign Relations Committee, I respectfully request
that this provision be removed from the bill during conference. That
action I believe would recognize appropriately the jurisdictional
responsibilities of both of our committees.
I thank the Chair, and I yield the floor.
Mr. SARBANES addressed the Chair.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. SARBANES. Mr. President, will the Senator from Rhode Island yield
me the remainder of his time?
Mr. PELL. I yield the remainder of my time to the Senator from
Maryland.
Mr. HELMS. And if I have any time I yield it to the Senator from
Maryland.
The PRESIDING OFFICER. The Senator has 3\1/2\ minutes.
Mr. SARBANES. Mr. President, I join in the concerns expressed by
Chairman Helms and by the ranking member of the Foreign Relations
Committee, Senator Pell, about section 1005 of this bill. This section
would have the effect of creating a second IMET Program, a new aid
program for foreign militaries.
IMET, the International Military Education and Training Program,
funds tuition for foreign military officers in U.S. professional
military training courses, and related activities. It has traditionally
been funded through the foreign aid bill.
In fact, the foreign operations appropriations bill reported by the
Senate Appropriations Committee provides a full $40 million for IMET in
fiscal year 1997. It is one of the only programs in the entire foreign
aid budget that is slated to get more money in fiscal year 1997 than in
fiscal year 1996 or 1995.
When the Military-to-Military Contacts Program was established in the
Defense Department, the justification was used that this would not--
would not--be another IMET Program. It was to be something entirely
separate. It was not going to duplicate IMET activities.
For that reason it was spelled out exactly what the new Military-to-
Military Contact Program was going to be. In the law, there are listed
eight specific activities, such as exchanges of personnel,
transportation for contact and liaison teams, seminars and conferences,
and distribution of publications, all distinct from the IMET
activities.
To further ensure that the new Military-to-Military Program would not
be used to circumvent the restrictions of the IMET Program, several
conditions were added to ensure coordination and prevent overlap.
Because of concerns about the potential for duplication in the two
programs, the fiscal year 1995 foreign operations appropriations bill
required a report from the Secretary of Defense addressing the future
of military training of foreign armed forces. In that report, which was
issued with the concurrence of the Secretary of State, the Defense
Department concluded:
The IMET Program and the traditional CINC military-to-
military activities are distinct efforts contributing to the
achievement
[[Page S7519]]
of common goals. From the beginning, both programs have
commanded close coordination between the Defense and State
Departments. Coordination between both departments ensures
program uniqueness and the effective utilization of scarce
resources in support of broad U.S. foreign policy and
national security goals.
Unfortunately, what the bill now before us would do is eliminate all
distinctions between the two programs. It would create, in effect, a
second IMET Program under different jurisdiction and separate funding.
The Military-to-Military Contacts Program is expected to receive
funding of $60 million in each of the fiscal years 1996 and 1997, out
of the Services' operations and maintenance accounts. That is on top of
the $40 million already going to IMET.
I wish to stress, as have my colleagues, that this authority was not
requested by the Defense Department. It is not something they believe
is needed. Furthermore, it is opposed by the State Department as well
as by the committees of jurisdiction over foreign aid funding.
I very much regret that section 1005 has not been stricken from the
bill. I make the observation that it plants the seeds for continuing
controversy, which I think is something that is highly undesirable. I
very strongly urge that it be dropped in conference.
Mr. NUNN addressed the Chair.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. NUNN. Mr. President, I am puzzled concerning the objections to
the use of Military-to-Military Contacts Program funds for
international military education and training [IMET].
The Armed Services Committee is told each year by the commanders in
chief of the combatant commands that IMET is the United States' most
cost effective program in terms of fostering friendly relations with
the foreign militaries. The combatant commanders routinely point out
that foreign military officers who have received IMET training come to
appreciate American values and the American way of life and that these
foreign officers often rise to assume senior positions of leadership
within their military and civilian hierarchies.
Pursuant to this testimony, the Armed Services Committee in the
Department of Defense Authorization Act for fiscal years 1992 and 1993
specifically authorized the creation of a CINC Initiative Fund to carry
out eight types of activities, including military education and
training to military and related civilian personnel of foreign
countries. The CINC Initiative Fund is designed to provide funding for
activities that were not foreseen when the budget request was submitted
to Congress and that would enhance the war fighting capability,
readiness, and sustainability of the forces assigned to the commander
requesting the funds. In the years since this authority was created,
the CINC Initiative Fund has only been used to provide IMET on a few
occasions. Incidentally, the use of this authority for IMET is limited
to $2 million per fiscal year.
The committee's initiative this year seeks to build upon an existing
program--the Military-to-Military Contacts Program which is designed to
encourage a democratic orientation of defense establishments and
military forces of other countries. Under existing law, this program is
primarily aimed at in-theater activities and generally involves the
establishment of military liaison teams and traveling contact teams in
engaging democracies to seek to identify those countries' needs and
then seek to design programs that are carried out by visiting experts,
seminars, conferences, or exchanges of personnel. When a larger need is
identified that would exceed the limited funding for this program, the
in-country liaison teams seek to identify programs under the Foreign
Assistance Act that can satisfy the need. When it comes to IMET,
however, we have found that existing funding for the IMET Program has
already been programmed and the traditional IMET Program is unable to
meet the need. We have also found that the needs of emerging
democracies in Eastern Europe have caused legitimate IMET needs of
countries in Latin America, Africa, and Asia to go unfunded. Thus, by
adding IMET as one of the activities that can be carried out under the
Military-to-Military Contacts Program, we are merely seeking to provide
a modest supplement to the traditional IMET Program when a truly
pressing need arises. We are, of course, amenable to put funding limits
on the use of the military-to-military contacts programs for IMET and
that has been communicated to the Foreign Relations Committee.
I hasten to point out that the Secretary of State must approve the
conduct of any activity--not just IMET--authorized under this program
and that funds cannot be provided for any country that is not eligible
for assistance under the Foreign Assistance Act.
In summary, Mr. President, this is a very modest supplement to the
traditional IMET Program, it has a precedent in prior congressional
action relating to the CINC Initiative Fund, and we are amenable to
including reasonable funding limitations to its use for IMET. I urge my
colleagues to support S. 1745.
Mr. President, I would simply say that the IMET Program is one of the
highest priorities of the commanders in chief we hear from every year
around the world. The newly emerging democracies in the former Soviet
Union and Eastern Europe have consumed a great deal of those funds,
leaving almost nothing for Asia, Africa, and Latin America.
We also take note of the fact that these IMET funds have been cut
each and every year, so they do not seem to have a high priority by the
Foreign Relations Committee but they do have an enormous priority for
our military. So we will be glad to work with our friends on the
Foreign Relations Committee to iron out jurisdictional problems with
the hope that we can unite behind one of the most important programs we
have to have contacts and influence all over the world through
military-to-military contacts that can end up bringing peace in areas
that otherwise would be in conflict.
So I would take into account what my colleagues have said, but we do
have a very high priority on this program and that has been exemplified
in testimony year after year after year by all of our military
commanders.
Mr. GLENN. Mr. President, I regret that the Senate again has produced
a bill that is gravely flawed. It suffers from many of the defects
associated with last year's bill. I voted to favorably report the bill
out of committee in the hope that the bill would be improved when it
was considered on the floor. While agreement was reached to eliminate
unacceptable missile defense provisions from the bill, the bill remains
fundamentally flawed. As a consequence, I will vote against its final
passage.
With respect to missile defense, I am pleased with the agreement
announced by the majority leader on June 28th to drop sections 231 and
232 from the bill. These sections related to U.S. compliance policy for
the development, testing, and deployment of theater missile defense
systems, and to the demarcation between theater and strategic missile
systems. I am also grateful to see that the language in the bill in
section 233 with respect to the mutilateralization of the ABM Treaty
has been dropped and converted into a sense of the Senate.
I understand full well, however, that we will soon be back on the
floor debating many of these same ill-advised proposals placed in
another bill. I intend to speak in more detail about those proposals at
the appropriate time. For now, I would just like to restate my
conviction that it would ill serve the interests of our country--and
surely not the interests of our taxpayers--to follow the misguided
missile defense plan that the majority appears determined to pursue in
the weeks ahead. As far as I am concerned, the missile defense language
I cited above would have made for bad law if enacted on this bill--
simply moving this language into another bill will not change this
basic quality of the proposal.
The bill contains more than $11 billion in unrequested funding with
huge increases in the procurement and research and development
accounts. For the most part, these additions are based on the Services'
so-called wish list--lists of programs the Services would like to see
funded if additional funding were made available. I agree with some of
the spending decisions, but I do not support this approach to defense
budgeting. It undermines the objectives of Goldwater-Nichols by
encouraging the submission of separate
[[Page S7520]]
spending priorities for each service that are set without regard to our
unified command structure's warfighting needs. Moreover, I cannot
support the magnitude of the increase in funding especially when we are
spending billions of dollars on programs we do not need now and some we
may not need ever.
The additions in procurement include $750 million for the DDG-51
destroyer program, $701 million for the new attack submarine program,
$351 million for the V-22 program, $249 million for the C-17 program,
$240 million for the E8-B program, $234 million for the F/A-18 C/D
program, $204 million for the C-130J program, $183 million for the
Apache longbow program, $158.4 million for the Kiowa warrior program,
$147 million for the MLRS program and $107 million for the F-16
program.
The additions in research and development include the $885 million
for missile defense programs to which I already alluded, $100 million
plus-ups for the Comanche Program and Army Force XXI, $305 million for
the national defense sealift fund, $147 million for the Arsenal Ship
and $116 for advanced submarine technology.
The bill contains more than $600 million in unrequested military
construction projects, an annual temptation that Members cannot seem to
resist, even though there is no compelling reason to move these
projects forward. I think it is particularly damning that at least $200
million of these projects not only did not make the initial cut of the
budget request but also did not make the second cut of the services'
wish lists. We are authorizing an additional $600 million in military
construction projects just so Members can say that they have brought
home the bacon.
Another rite of spring, the addition of hundreds of millions of
dollars in Guard and Reserve equipment warrants mention. Some progress
has been made in avoiding the earmarking problem we had last year. Only
about $485 million of the $760 million in funding is earmarked.
Unfortunately, no real progress has been made in eliciting a realistic
budget request from the Defense Department for Guard and Reserve
equipment. This failure invites earmarking funds for programs in
Members' districts and as a consequence, the funding decisions that
become law only bear relation to the Guard and Reserves' requirements
by happenstance. We should not be spending the taxpayers' money in this
way.
Several amendments to eliminate some or all of this unrequested
funding were offered. Unfortunately, Mr. President, these efforts were
defeated.
On other matters, I am concerned about the criteria used in
allocating an additional $200 million for DOE's environmental
restoration and waste management program. I could support, and, fact,
have long advocated increased funding for this program. However, rather
than accept the recommendations provided by the Department of Energy
which listed projects that, if given increased funding in the near
term, could save substantial dollars in the out-years, the bill factors
in additional criteria concerning site employment. I have grave
concerns that the credibility of the entire DOE cleanup operation will
be undermined if it is treated merely as a jobs program. A number of
factors should be assessed when deciding to increase funding for
cleanup projects such as: reducing the risk to the public, workers and
the environment, lessening the long term mortgage costs of the program;
mandates and the environment; lessening the long term mortgage costs of
the program; mandates from Federal and State laws; and stakeholder
input. I do not believe that the effect on a given site's employment
should be among these factors.
I disagree with the committee's report language concerning the
external regulation of the Department of Energy. I believe Secretary
O'Leary's Advisory Committee on External Regulation established
credible reasons for moving to external regulation, and I believe that
this goal can be accomplished without significant increased costs to
the taxpayer and without any detrimental impact on our Nation's
security. In my view, the Defense Nuclear Facilities Safety Board will
continue to play a key role in ensuring the safe operation of the
defense nuclear facilities. Since January of this year, the Department
has been carefully reviewing the options available for transitioning to
external regulation. A preferred option should be presented to the
Secretary within the next several weeks. I believe that the Department
should continue planning to move to external regulation for nuclear
safety. It is my hope that the plan presented to the Secretary will
outline the steps necessary for such a transition, recognizing that
such a transition may take several years.
During consideration on the floor, the committee accepted an
amendment I offered regarding worker safety and health at DOE's Mound.
For too long Congress has done too little to ensure that the workers in
our nuclear weapons complex were adequately protected from the many
hazards they face on a daily basis. While the situation has improved at
many sites, it is unfortunately the case that the Mound facility is
still not up to the standards of other DOE facilities, not to mention
commercial nuclear facilities. This amendment requires DOE to report to
Congress on progress to improve worker health and safety at the
facility.
On June 21, 1996, I received a letter from DOE Under Secretary Tom
Grumbly. This letter clearly establishes the Department's intent and
commitment to seriously and forthrightly address worker safety issues
at Mound. The letter lists a series of discrete program improvements
that will be taken at the mound site beginning immediately and
continuing through 1997. These important upgrades should begin at the
earliest possible opportunity. I remain concerned though that we may be
forcing a trade off between worker safety and health improvements and
the pace of cleanup at the Mound site. In order to avoid such a trade
off, it may be necessary to seek an authorization for these activities
during conference.
Finally, I would like to mention a special retirement provision for
Federal employees who happen to work at military bases where the work
will be privatized as part of base closure. The Committee on Armed
Services voted 11 to 9 to add nongermane legislation to the bill that
appropriately is in the jurisdiction of the Senate Governmental Affairs
Committee. This amendment also was recently introduced as a bill, S.
1686, which is pending before the Subcommittee on Post Office and Civil
Service of the Governmental Affairs Committee.
Its stated purpose is to make privatization more likely to succeed by
giving employees an incentive to stay at the base when a private
employer takes over the workload. Under the terms of the amendment, 30
percent of the Federal civilian employees at two DOD bases, one in
Indianapolis and one in Louisville, would enjoy civil service
retirement system [CSRS] benefits that no other Federal employee enjoys
today. I believe the authors of the amendment intended for it to apply
to a third base in Newark, OH, but it is unclear whether the workers at
the Ohio base will be eligible for the benefit. In addition, it is
unclear whether bases in Texas and California will also be covered by
the amendment.
Under the terms of the amendment, additional retirement system
credits would be given to employees in the civil service retirement
system [CSRS] whose jobs are being privatized, and who are not eligible
for immediate retirement benefits. The amendment would allow these
employees to count their time as a private contract employee as
qualifying service toward meeting the eligibility requirements under
CSRS. In addition, their current high-3 years of salary would be
indexed to general increases in Federal salaries. These benefits are
independent of additional subsequent retirement benefits earned by the
employees following privatization.
Under current law, the affected employees would be eligible for a
CSRS pension at age 62 with the high 3 years based on current
employment by the Federal Government. Under the terms of the amendment,
these employees could retire at an earlier age and their high-3 years
of salary would be at a level indexed during the years of
privatization. Of course, they would not even be required to contribute
toward the cost of these extra benefits, although Federal employees in
CSRS must contribute toward system costs.
[[Page S7521]]
While the stated purpose of the amendment is to encourage Navy
employees to accept contractor employment in Indianapolis and
Louisville, the proposed retirement incentives do not apply to 70
percent of the work force at the two facilities. Nineteen percent of
the employees at the two facilities are now eligible to retire under
CSRS and therefore, are ineligible for the proposed retirement
incentives. Fifty-one percent of the employees are covered under the
Federal employees retirement system [FERS] and therefore, are also
ineligible for the proposed retirement incentives. Therefore, in terms
of increasing their Federal retirement benefits, it would be to the
advantage of 70 percent of the work force at the two facilities, to
relocate and seek other Federal employment.
Newark Air Force Base in Ohio is privatizing in the same way that the
bases in Louisville and Indianapolis are scheduled to proceed, although
it is not clear from the legislation whether the employees at Newark
would be included in the pilot program. The privatization at Newark has
been working because employees want to remain employed and many want to
stay in the Newark area. Based upon Newark's experience, it is my view
that the amendment, offered by Senator Coats, proposes a solution to a
problem that does not really exist. Regrettably, given the nature of
the proposed solution, I believe that this legislation will create a
host of problems. Problems of equity and fairness that will fall
straight into the lap of the Committee on Governmental Affairs, the
committee with jurisdiction over Federal employment benefits.
We are in the process of downsizing the Federal Government. I note
that through the efforts of the Armed Services and Governmental Affairs
Committee and the administration, we have 240,000 fewer Federal
employees than when President Clinton took office. Many Federal jobs
are being privatized in place. Numerous Federal jobs are also being
eliminated. One Ohio constituent recently wrote to me and explained
that his job was being eliminated in July. He said that if we could
provide him with 4 additional months of service credit, he could apply
and be eligible for early retirement under the civil service retirement
system. I cannot explain to this constituent why he should not be
eligible for an additional 4 months of credit if we are providing years
of service credit to other employees who are not even losing their
jobs. They have the opportunity to continue working. They will be
eligible to accrue private employer pension benefits in addition to the
Federal benefits they will have already earned.
Perhaps, the Congress should consider retirement inducements for all
employees affected by privatization and downsizing. However, if this is
to be done, it should be done in a studied fashion. Changing a system
of universal retirement benefits--where everyone previously had
participated under the same benefit rules--should be the subject of
hearings in a bright light, where we understand exactly what equity
problems are created as well as the long-term cost of providing such
retirement credits.
My problem with the amendment adopted by the Armed Service Committee
is that it is not generous enough to discourage employees from seeking
other Federal employment and this is the purported purpose of the
legislation. The assumption that a majority of these employees will
move onto other Federal employment also assumes that these employees
will want to relocate and that they will find jobs through the priority
placement program. These are two assumptions that I question. To
repeat, the amendment is not generous enough to fulfill its stated
purpose, while at the same time it is too generous when one considers
that the Government is proposing to do nothing along these lines for
other employees being separated from Government employment. It is these
sorts of contradictions which should be the subject of congressional
hearings before we act.
western kentucky training site
Mr. FORD. Mr. President, the fiscal year 1997 Department of Defense
authorization bill we will pass today contains $10.8 million in
authorized funding for phase 3 construction of the Western Kentucky
Training Site in Muhlenburg County, KY.
I appreciated the willingness of my colleagues to secure this funding
for phase 3 construction at the site and wanted to share with them a
recent articles from Soldiers magazine.
This article gives an excellent review of the center's training
activities and its importance to our Nation's defense, calling it the
training site of choice of units stationed in the Eastern United
States.
Again, I would like to thank my colleagues for their support of this
military site, and I ask unanimous consent that the article be printed
in the Record.
There being no objection, the article was ordered to be printed in
the Record, as follows:
[From Soldiers magazine, July 1996]
Kentucky's NTC East
(By SSgt. David Altom)
Camouflaged soldiers bustle around the airstrip while, in
the distance, a formation of helicopters moves slowly across
the overcast sky, slingloads of vehicles and equipment
swinging beneath them.
A C-130H Hercules transport lands and kicks up a cloud of
dust as it taxis to the end of the strip. Turning around in
preparation for takeoff, the aircraft is immediately
surrounded by a team of soldiers emerging from the nearby
tree line.
A Humvee pulling a trailer is quickly off-loaded, the
soldiers move back into the woods. The C-130 stirs up another
dust storm as it roars back down the runway toward home base.
The entire operation take less than five minutes.
Welcome to the Western Kentucky Training Site.
Owned and operated by the Kentucky National Guard, the
WKYTS is proving popular with active and Reserve soldiers and
airmen, making it the training site of choice for units
stationed in the eastern United States.
The greatest appeal of the training site is the open
terrain. Occupying more than 700,000 acres of reclaimed strip
mine property near the western tip of Kentucky, the facility
has enough flat and rolling land to give commanders plenty of
training options. While nearby Fort Campbell and Fort Knox
have live-fire ranges, accommodating everything from M1
Abrams main battle tanks to Multiple Launch Rocket System,
the WKYTS has shown itself to be ideal for movement-to-
contact exercises and large-scale maneuvers.
The expanse of the WKYTS is a tanker's dream come true,
said Lt. Col. Norman Arflack, commander of the Kentucky Army
Guard's 1st Battalion, 123rd Armor.
``As a maneuver unit we need to conduct force-on-force
training, especially when we go to battalion-on-company
tactics,'' he said. ``That's hard to do unless you go some
place like Fort Hood. We feel fortunate to have a facility
like this so close, especially with training dollars so
tight.''
Arflack cited last summer's Advanced Warfighter Experiment
as an example of the value of the WKYTS. Called Focused
Dispatch, the experiment employed the latest developments in
satellite communications, global positioning systems and
computer technology to link armored vehicles at the Kentucky
site to simulations in Fort Knox, Ky., Fort Rucker, Ala., and
Fort Bliss, Texas. The result was a series of battles
involving both real and simulated tanks, attack helicopters
and air defense units.
``This was a great experience for us,'' said Arflack, whose
unit acted as the opposition force during the experiment.
``In addition to movement-to-contact missions, we found we
were able to complete a tank crew proficiency course during
our training period without having to leave the compound. I
saw our battalion grow in experience, and we didn't have to
travel a great distance or worry about overextending our
training budget.''
Col. Pat Ritter, director of the Fort Knox Battle Lab,
which oversaw Focused Dispatch, held a similar opinion. ``If
this isn't NTC east,'' he said, referring to the National
Training Center in California. ``I don't know what is.''
Following the pattern of modernization established at the
WKYTS is the recent addition of a new moving target system
using a laser interface device, similar to the familiar MILES
systems that most crews are already trained to use. Along
with various stationary popup targets and a wash rack
designed to accommodate the largest military hardware, the
training center possesses features of a fully equipped battle
training site.
There are plans to station a battalion of M1s at the site
this summer for year-round use. Visiting units will have
access to this equipment, making it unnecessary to ship their
own tanks, increasing training cost-effectiveness.
CWO 4 Joe Wilkins, WKYTS manager, is especially proud of
the expansion taking place at the site. Most recent is a $6.5
million project that will house 175 soldiers. Included is a
400-seat dining hall, a drill hall and classrooms for
simulator training. Future construction will include
additional administration and storage buildings, a physical
fitness center and a dispensary.
``It's our goal to create the best military training
facility possible,'' said Wilkins, ``not just for the
Kentucky Guard, but for anyone who has a need for quality
training. We don't like to think of ourselves as being
limited in our vision.''
[[Page S7522]]
The versatility of the WKYTS already pays off. Last fall's
Operation Mega Gold, for example, brought together elements
of the 101st Airborne Division with assets of the Kentucky
Air National Guard's 123rd Airlift Wing. More than 5,000
soldiers and airmen took part in the two-week exercise,
culminating in the simulated capture of an airfield behind
enemy lines.
Teamwork and high technology are also playing an important
part in preserving the ecological stance of the WKYTS. In
addition to implementing Army's Integrated Training Area
Management Program, site managers have begun working with
local universities in creating a comprehensive database
listing complete inventories of everything from endangered
species to the different types of soils. The goal is to
create a complete picture of the natural resources of the
WKYTS and, in turn, ensure more efficient management of the
site's training environment.
``We want our soldiers to train in a natural environment,
not a wasteland,'' said Faith Fiene, state environmental
manager for the Kentucky Department of Military Affairs.
``With better identification of training areas and areas of
avoidance by our soldiers today, we intend to preserve this
training area for future soldiers as well.''
In 1994 the site received the Kentucky Governor's
Environmental Excellence Awards in Soil Conservation. And an
agreement with the state's Department of Fish and Wildlife
Resources promises to dramatically expand the training assets
that will be available to the military, as well as the
recreational assets available to the public.
With its beginnings in 1969 as a 29-acre weekend training
site, the WKYTS has grown considerably during its development
into what many in the Kentucky Guard hope will prove to be
the state-of-the-art battle training center for the 21st
century.
Just as the nature of battle is one of constant change, the
WKYTS is constantly improving itself, mixing computer
simulation technology, satellite positioning systems, and
targeting with the mud and the dust of field training--all to
prepare today's soldier for tomorrow.
Mrs. FRAHM. Mr. President, I rise today in support of the fiscal year
1997 Defense authorization bill. Through the able guidance of the
distinguished chairman, Senator Thurmond, the committee has worked out
a strong bill, which not only ensures the readiness of our forces
today, but also, through the addition of funds for the procurement and
research and development accounts, takes significant steps toward
ensuring the future readiness of our military.
The bill currently before us represents the second straight year of
Republican leadership on defense--commonsense conservatism correcting
the drastic cuts to our defenses imposed by the current administration.
Had we simply rubberstamped the administrations request, we would have
again placed our military on the path back to a hollow force. Once
again, the Republican led congress has taken the leadership in
maintaining our Armed Forces preeminence. With additional funding in
the so-called investment accounts, increased funding for military
construction, and the fully funded pay raise, the Senate has taken
steps which will ensure that the men and women of the U.S. military are
not only the best trained and equipped, but also that they are provided
with an adequate quality of life.
Mr. President, I am also pleased that the bill contains a number of
provisions which are important to my State of Kansas. Whether in
Wichita, Parsons, or Junction City, this bill has great effects on
Kansas. For example, the bill includes funding for construction
projects at Fort Riley, McConnell AFB, and the Kansas National Guard.
Additionally, it also ensures the efficient procurement of the joint
primary aircraft training system, manufactured in Wichita, and the
sensor fuzed weapons, a program important to the Kansas Army Ammunition
plant.
In closing, Mr. President, as the newest member of the Armed Services
Committee, I look forward to working with my colleagues in conference
to craft a bill which will pass both Chambers and be presented to the
President for his signature. In so doing, we will invite the President
to join with us in restoring the U.S. military and ensuring their
future preparedness.
Ms. MOSELEY-BRAUN. Mr. President, after much thought and careful
consideration of our military obligations and needs, I have,
reluctantly, to vote against the National Defense Authorization Act. My
decision has been made all the more difficult because the bill two
amendments--protection of a woman's marital property rights if a spouse
rolls the military pension into a civil service pension and the
continuation of funding for the Computer Aided Education and Training
Institute --which I authored. This fact notwithstanding, I cannot, in
good conscience, vote in favor of the fiscal year 1997 National Defense
Authorization Act as reported out by the Armed Services Committee and
amended by the Senate.
Mr. President, my reasons for voting against S. 1745 are threefold.
First, and most important, the present bill still exceeds the
President and Pentagon's request by $11.3 billion. This includes $7.1
billion for unrequested procurement items--for some unexplained reason,
the bill does not provide $1.2 billion for requested procurement
projects--and $3.3 billion for weapons and weapon systems that are not
a part of the Department of Defense's long-range modernization plans.
Second, the bill includes $3.4 billion for unrequested research and
development items, while failing to provide $900 million for research
and development projects requested by the President.
These unrequested increases add to the budget deficit and our
national debt.
Third, many of the requested weapons and weapons systems, at best,
only marginally add to the national security of our Nation. In any
case, their cost do not justify their manufacture and implementation.
Mr. President, I believe in a strong defense. I also believe that
defense expenditures must be consistent with our military need and
obligations and that whatever we purchase it must be affordable. Sadly,
the fiscal year 1997 National Defense Authorization Act does not meet
either of those criteria.
usuhs
Mr. SARBANES. Mr. President, I want to express my strong support for
provisions in this legislation which ensure that our Nation's only
military medical school, the Uniformed Services University of the
Health Sciences [USUHS] will continue its important military medicine
training programs into the 21st century.
Since it was established in 1972, USUHS has played a vital role in
providing top-quality medical care to the men and women of our armed
services. The institution has consistently produced first-rate career
medical officers who excel in meeting the needs of military medicine
and military readiness.
USUHS provides a unique curriculum that contributes greatly to our
military preparedness by providing knowledge that is vastly different
from that taught in a civilian medical practice. This training includes
such areas as trauma, mass casualties, combat surgery, medical
logistics, nuclear medicine, tropical infectious diseases, and medical
responses to terrorism.
Over the years, the university's graduates have consistently
demonstrated a high level of performance during their various
deployments in combat areas and in support missions from Desert Storm
to Bosnia and Somalia. This performance based upon their extensive
military training has been validated by three Surgeons General, the
Assistant Secretary of Defense for Health Affairs, the American Medical
Association and the Military Coalition, the Retired Officers
Association, the National Association for Uniformed Services and the
American Legion, among others. I ask that letters from these
organizations attesting to the critical importance of the university be
printed in the Record immediately following my statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. SARBANES. I also want to underscore the long-term commitment made
by the majority of USUHS graduates to our armed services. Although
USUHS graduates are required to serve 7 years of active duty beyond the
time they devote to internships and residencies, the average time they
serve is actually 18.5 years. Of the 2,304 USUHS graduates-to-date,
more than 94 percent are still serving in the Air Force, the Army, the
Navy, or the Public Health Service. Even more incredible is the fact
that, even those who have completed their required obligation and could
leave for private practice, 85 percent continue to serve our Nation.
Mr. President, the continued operation of the Uniformed Services
University of the Health Sciences remains
[[Page S7523]]
critical to our ability to provide a continuous, experienced cadre of
military physicians to meet our Nation's special needs of military
medicine and medical readiness in the future. I appreciate my
colleagues' continued support and commitment in this very important
matter.
Exhibit 1
American Medical Association,
Chicago, IL, June 18, 1996.
Hon. Paul S. Sarbanes,
U.S. Senate,
Washington, DC.
Dear Senator Sarbanes: The American Medical Association
(AMA) is writing to request that the Senate oppose Senator
Feingold's anticipated amendment to the FY 1997 Department of
Defense Authorization bill (S. 1745) which would phase out
the Uniformed Services University of the Health Sciences
(USUHS). We urge you to join with your colleagues in the
House of Representatives who, on May 15, voted overwhelmingly
(343-82) not to close the USUHS.
Our Nation's only military medical school is a national
asset which contributes greatly to our military preparedness
as a cost effective source of physicians for the Uniformed
Services. Military physicians require special training to
equip them in handling peace and war time situations that are
not taught in traditional medical schools. For example,
during recent military deployments in Bosnia, Somalia and the
Gulf, the effects of modern weapons, the stress of continuous
operations, as well as the noise, toxins and other
battlefield hazards were adroitly handled by USUHS-trained
physicians. The knowledge imparted to these highly-equipped
physicians is vastly different from that taught in a civilian
medical practice.
Many are unaware that the USUHS not only educates its own
graduates, it also provides special continuing medical
education courses for other physicians. Such education
includes courses in combat casualty care, tropical medicine,
combat stress, disaster medicine, and medical responses to
terrorism--courses not available through civilian medical
schools.
A 1995 GAO study concluded that the USUHS is cost effective
to the federal government by producing medical graduates who
consistently meet the special needs of military medicine.
This same study acknowledged another telling advantage of
USUHS-trained physicians: 43 out of 44 commanders of major
military medical units perceived that physicians from the
USUHS have a greater overall understanding of the military,
greater commitment to the military, better preparation for
operational assignments, and better preparation for
leadership roles.
The AMA believes that the USUHS's mission and goals are
consistent with our national interests and should be allowed
to continue. It exemplifies the best in the federal
government, and should be identified for recognition and
support rather than closure.
We thank you for your consideration of the truly notable
contributions that USUHS makes to our military and ultimately
to our Nation.
Sincerely,
P. John Seward, MD.
______
The American Legion,
Washington, DC, June 18, 1996.
Dear Senator: The American Legion urges opposition to any
efforts to eliminate the Uniformed Services University of the
Health Sciences (USUHS).
This very special institution continues to serve as a
valuable source of military physicians for the armed forces
of the United States and the Public Health Service. It
provides the military with a corps of dedicated career
medical officers instilled with a unique degree of commitment
and selflessness found in doctors who are trained and skilled
in providing combat casualty care. This facility offers a
full range of instruction and care in those maladies
typically suffered primarily by military personnel. These
include tropical, epidemiological and parasitic ailments.
A recent GAO report concluded the total monetary cost for
USUHS compared to the Armed Forces Health Professional
Scholarship Program (AFHPSP) for civilian institutions are
merely identical. However, unlike civilian medical programs,
the USUHS provides military doctors well trained in primary
care medicine, as well as combat casualty care, tropical
medicine, combat stress and other conditions unique to
military deployments and combat conditions. According to DoD,
the retention rate in the armed forces is eighty-six percent
for USUHS graduates compared to fourteen percent for AFHPSP.
Military medical officers serve beside and in support of
U.S. service personnel when forces are deployed to a
conflict. This environment is harsh, chaotic and demanding.
The graduates of USUHS are trained to deal with these
extremes and difficult conditions and in fact, work and
improvise in some of the most deplorable circumstances where
U.S. military forces are stationed.
To eliminate USUHS would be a great disservice to the men
and women in the armed forces. We must do everything we can
to provide the armed forces with the best health and battle
casualty services available.
Once again, The American Legion urges you to oppose any
efforts, especially in the FY 1997 DoD Authorization bill,
which would eliminate the USUHS. We appreciate your continued
support and commitment on important veterans' issues.
Sincerely,
Steve A. Robertson,
Director, National Legislative Commission.
______
National Association for
Uniformed Services,
Springfield, VA, June 17, 1996.
Dear Senator: As a result of misleading and incomplete
information several attempts have been made to close the
Uniformed Services University of the Health Sciences (USUHS).
The National Association for Uniformed Services once again
urges you to support USUHS.
The General Accounting Office (GAO) recently confirmed what
we and other military associations have been asserting during
the past four consecutive attempts at closure . . . there is
NO DIFFERENCE to the federal government in the cost per year
of service between USUHS and the scholarship physicians (GAO/
HEHS-95-244, page 33 . . . $181,575/USUHS vs. $181,169/
Scholarship).
Further, there is a difference between medicine practiced
in civilian and military settings. During military
deployments to Bosnia, Somalia, Haiti and the Gulf, the
effects of modern weapons, the stress of continuous
operations, and the noise, toxins, and other hazards of the
battlefield were encountered and anticipated. Military
physicians had to deal with realities of risk assessment,
prevention, medical evacuation, and the clinical management
of diseases and injuries; the outstanding performance of
deployed USUHS physicians has been recognized and verified by
the Surgeons General during Congressional Hearings and by the
medical commanders in response to the GAO. It is a fact that
``the militarily unique courses provided by USUHS are NOT
available through civilian medical schools'' (American
Medical Association letter of endorsement to the Congress
dated May 14, 1996).
USUHS has consistently met, or exceeded, its mission. This
excellence in service was recognized in the House of
Representatives on May 15, 1996, with 343 votes for the
retention of USUHS vs. 82 votes for closure.
We believe that the Senate should reaffirm its decision for
the continuation of USUHS as a cost effective source of
militarily trained physicians for the Armed Forces. We
believe that we owe it to those who serve our Nation in the
Uniformed Services to provide them with the best medical
support that is available.
Sincerely,
J.C. Pennington,
Major General, USA, Retired,
President.
Mr. PELL. Mr. President, I would like to draw the attention of my
fellow Members to a significant nonproliferation amendment now in the
defense authorization bill. I am pleased to have joined with the
Senator from Ohio [Mr. Glenn] in the provision that would withhold for
a period of 1 year Export-Import Bank credits for any entity that
knowingly assists a nonnuclear-weapon state to acquire a nuclear
explosive device or the special nuclear materials for such a device. I
am pleased that the Senator from North Carolina [Mr. Helms] is joining
us as a cosponsor.
This amendment, which has been adopted, represents a significant
advance in our efforts to target companies that are profiting from
nuclear proliferation. It will strengthen the President's hand in
showing U.S. determination to do all that it can to prevent illicit
trafficking in nuclear weapons and the materials needed to make them.
Under current law, and subject to a national interest waiver,
Eximbank credits are denied to: First, any country that has violated an
international nuclear safeguards agreement; second, any country that
has violated an agreement for nuclear cooperation with the United
States; third, any nonnuclear weapons state that has detonated a
nuclear weapon, or fourth, any country that has willfully aided or
abetted a nonnuclear weapons state to get nuclear weapons.
This amendment requires the President to apply sanctions against
persons, including government-owned entities operating as commercial
enterprises, that knowingly aid or abet efforts by a country to acquire
a nuclear explosive device or the nuclear material for such a device.
The amendment also authorizes the President to terminate sanctions upon
receipt of reliable assurances that the effort to aid or abet has
ceased and that such country or person will not in the future aid or
abet any nonnuclear-weapons state in efforts to acquire nuclear
explosives or unsafeguarded materials.
Mr. President, in May the State Department announced that a firm
owned by the Chinese Government--CNEIC,
[[Page S7524]]
China Nuclear Energy Industry Corporation--had sent ring magnets to an
unsafeguarded Pakistani nuclear enrichment facility and it had engaged
in other undisclosed nuclear cooperation. The law provides for
sanctions in such a case against China if the transfer was the result
of a willful action by the Government of China. Under this amendment,
CNEIC could be sanctioned specifically for its activities for a period
of 1 year. With this amendment the United States would move away from a
situation in which Exim financing denial must be applied against a
whole country, or not at all, which has presented very difficult
choices. With this amendment, the denial of Exim financing can be
focused on the wrongdoer. This will help us avoid charades in which we
desperately avoid facing up to proliferation problems. As a result,
companies and countries tempted to misbehave in the proliferation area
will know that there is a much more real prospect of penalties that are
both painful and appropriate.
This amendment represents a further refinement of an expanding array
of sanctions legislation that is steadily evolving in order to make it
a more effective instrument of U.S. foreign policy in a bipartisan
effort to end the spread of nuclear weapons.
This has included the Glenn and Symington amendments of the mid-
1970's, the Nuclear Non-Proliferation Act of 1978, the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991, and the
Nuclear Proliferation Prevention Act of 1994 as well as a number of
other legislative initiatives.
The Senate has been in the lead of efforts to develop a coherent and
effective nonproliferation policy for the United States. At times,
those of us most involved have worked closely with the executive
branch. At other times we have been at odds, but we have been able to
reach reasonable compromises. As a result, the United States has set an
example for the rest of the world and has brought other nations along
with us. In addition, some of the nations most concerned about
proliferation have taken their own initiatives and the result is a
world steadily more attuned to the problems posed by nonproliferation
and better willing and able to deal with those problems.
doe nuclear safety
Mr. GLENN. Would the distinguished Senator from the State of Idaho
care to engage me in a colloquy concerning the Department of Energy's
compliance with its nuclear safety regulations?
Mr. KEMPTHORNE. I would be delighted to. The Idaho National
Engineering Laboratory is a key DOE facility located in my State, and I
am very concerned that it be operated in as safe a manner as possible
with regard to nuclear safety. As a fellow member of the Strategic
Forces Subcommittee who has DOE facilities in his own State, I know
that the Senator from Ohio shares these concerns.
Mr. GLENN. I certainly do. As the Senator knows, DOE has recently
issued regulations pursuant to the Price Anderson Act/Atomic Energy
Act. These regulations are entitled Nuclear Safety Management, 10 CFR
830, and Occupational Radiation Protection, 10 CFR 835. A primary
purpose of these regulations is to strengthen line management
accountability for nuclear safety. These regulations are enforceable
with sanctions, such as fines and penalties, as appropriate. The
strength of the regulations is enhanced by public accountability,
primarily of the DOE contractors, through self-reporting, as well as
through DOE inspections. Does the distinguished Senator from Idaho
agree that these regulations will enhance the DOE's goal of improving
nuclear safety?
Mr. KEMPTHORNE. Absolutely. A key factor in improving nuclear safety
at DOE defense nuclear facilities is line management accountability.
The Secretary of Energy and Defense Nuclear Facilities Safety Board
have repeatedly highlighted this point. In order for Congress to be
assured that such accountability is occurring, we should encourage the
Department of Energy to provide Congress with regular briefings on the
status of its compliance with the important nuclear safety regulations
which we have discussed here today.
Mr. GLENN. I agree. Such briefings could include: First, a list of
defense nuclear facilities evaluated and a discussion of progress made
in meeting the compliance requirements set forth in the Price Anderson
nuclear safety regulations; second, a list of noncompliance events and
violations of the regulations identified by line management and
headquarters oversight; third, improvements in public safety and worker
protection as a result of these regulations; and fourth, any other
information which the Department deems important.
Mr. KEMPTHORNE. I believe this is important information for Congress
to have as it carries out its responsibilities. I look forward to
continuing to work with the Senator from Ohio on this important issue.
Mr. GLENN. I thank the Senator and congratulate him on his leadership
on these issues on the Strategic Forces Subcommittee.
Mrs. BOXER. Mr. President, although I support many provisions of the
bill, I will vote against the National Defense Authorization Act of
1997.
This bill authorizes more than $10 billion above the funding level
requested by the administration and the Joint Chiefs of Staff. This
level of funding is simply unwarranted.
The United States spends more on its military than the next five
countries combined, most of which are our NATO allies. The Soviet Union
is no more and the cold war has been won. Our military must focus on
the very real threats of today, not the ghost of the Warsaw Pact.
Furthermore, more than $2 billion of the congressional add-on is
earmarked for programs that are not in the Pentagon's 5-year defense
plan. These are programs that the Pentagon says it does not need now
and will not need for the foreseeable future. Funneling billions of
dollars into programs the military has made clear it does not need is
bad policy in the extreme.
I am pleased that the managers have agreed to remove objectionable
language concerning the ABM Treaty from the bill. While the removal of
these legislative riders improves the bill, it still includes an
unjustifiable authorization level for ballistic missile defense
programs. I vigorously support funding for theater missile defense
systems, but oppose the shift in emphasis contained to national missile
defense systems. To deploy a national missile defense system as
envisioned by the sponsors of this bill could cost up to $60 billion
while contributing little to our national security.
The bill contains three amendments that I offered. An amendment
offered by Senator Grassley and myself would cap the amount of
reimbursable compensation for government contractors at $200,000. This
amendment will put an end to the multimillion dollar bonuses that
defense executives regularly pay themselves, and then pass the bill to
the American taxpayer.
Another amendment I offered would make it easier for civilians to
take advantage of the tremendous resources available at the Defense
Language Institute. Also, the managers accepted an amendment I offered
to extend a pilot program for the purchase of municipal services at the
closing Fort Ord. I hope that the managers will work to retain these
amendments in conference.
Mr. GORTON. Mr. President, I ask unanimous consent for 1 minute to
ask a question of the managers of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. Mr. President, I, too, have an amendment that I would
like considered in this bill. I have discussed it with the staff and
with the principals. Because they do not want to go back to second
reading, they did not want to do it at the present time. But in an
amendment which Senator Murray and I sponsored with relation to USTF's
and medical care, we have a portion of section 722 that the two of us
would like deleted. I simply wanted the assurances, which I am sure are
there, of the Senators that they will work to do the job right for
Seattle and the State of Washington in the course of the conference.
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. THURMOND. I assure the Senator we will be glad to discuss this
matter in conference.
Mr. NUNN. Mr. President, I respond to our friend from Washington that
we will be glad to work with him in conference to look at this. We have
just not had time to completely diagnose
[[Page S7525]]
and understand the effects of the amendment at this point, but we will
be glad to work with him in conference.
Mr. GORTON. I thank the managers of the bill.
Mr. THURMOND addressed the Chair.
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. THURMOND. Mr. President, I ask unanimous consent that all
remaining votes following the vote on passage of the DOD appropriations
bill be limited to 10 minutes in length, and there be 1 minute for
explanation to be provided prior to the votes with respect to the
Dorgan amendment and the Kassebaum amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THURMOND. Mr. President, going back to the defense bill, I just
want to take this opportunity, although I have had printed the name of
every staff member of the Armed Services Committee following my earlier
remarks in the Record--they all did a fine job--I just want to
especially commend the director, Les Brownlee, for the outstanding job
he has done. He has done one of the best jobs since I have been in the
Senate in connection with a defense bill.
I also would like to commend Arnold Punaro, the director on the
minority side, for doing such a fine job. He has been in the Senate
since 1973. We have been very fortunate to have Les Brownlee and Arnold
Punaro to work with us on this defense bill.
Mr. NUNN. Mr. President, have the yeas and nays been ordered on the
bill?
The PRESIDING OFFICER. They have not.
Mr. NUNN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question now occurs on the passage of S.
1745, as amended.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Mississippi [Mr.
Cochran] is necessarily absent.
The result was announced, yeas 68, nays 31, as follows:
[Rollcall Vote No. 187 Leg.]
YEAS--68
Abraham
Akaka
Ashcroft
Bennett
Bingaman
Bond
Breaux
Brown
Burns
Campbell
Chafee
Coats
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Faircloth
Feinstein
Ford
Frahm
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hatch
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kyl
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Murkowski
Nickles
Nunn
Pressler
Reid
Robb
Roth
Santorum
Shelby
Simpson
Smith
Snowe
Stevens
Thomas
Thompson
Thurmond
Warner
NAYS--31
Baucus
Biden
Boxer
Bradley
Bryan
Bumpers
Byrd
Dorgan
Exon
Feingold
Glenn
Harkin
Hatfield
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Moseley-Braun
Moynihan
Murray
Pell
Pryor
Rockefeller
Sarbanes
Simon
Specter
Wellstone
Wyden
NOT VOTING--1
Cochran
The bill (S. 1745), as amended, was passed as follows:
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:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. General limitation.
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.
Sec. 113. Study regarding neutralization of the chemical weapons
stockpile.
Sec. 114. Permanent authority to carry out arms initiative.
Sec. 115. Type classification of Electro Optic Augmentation (EOA)
system.
Sec. 116. Bradley TOW 2 Test Program sets.
Sec. 117. Demilitarization of assembled chemical munitions.
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.
Sec. 125. Maritime prepositioning ship program enhancement.
Sec. 126. Additional exception from cost limitation for Seawolf
submarine program.
Sec. 127. Radar modernization.
Subtitle D--Air Force Programs
Sec. 131. Multiyear contracting authority for the C-17 aircraft
program.
Subtitle E--Reserve Components
Sec. 141. Assessments of modernization priorities of the reserve
components.
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.
Sec. 204. Funds for research, development, test, and evaluation
relating to humanitarian demining technologies.
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. Tier III minus unmanned aerial vehicle.
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.
Sec. 223. Advanced submarine technologies.
Sec. 224. Funding for basic research in nuclear seismic monitoring.
Sec. 225. Cyclone class craft self-defense.
Sec. 226. Computer-assisted education and training.
Sec. 227. Seamless High Off-Chip Connectivity.
Sec. 228. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 229. National Polar-Orbiting Operational Environmental Satellite
System.
Sec. 230. Surgical strike vehicle for use against hardened and deeply
buried targets.
Subtitle C--Ballistic Missile Defense
Sec. 231. Conversion of ABM treaty to multilateral treaty.
Sec. 232. Funding for upper tier theater missile defense systems.
Sec. 233. Elimination of requirements for certain items to be included
in the annual report on the ballistic missile defense
program.
Sec. 234. ABM treaty defined.
Sec. 235. Scorpius space launch technology program.
Sec. 236. Corps SAM/MEADS program.
Sec. 237. Annual report on threat of attack by ballistic missiles
carrying nuclear, chemical, or biological warheads.
Sec. 238. Air Force national missile defense plan.
[[Page S7526]]
Sec. 239. Extension of prohibition on use of funds to implement an
international agreement concerning theater missile
defense systems.
Subtitle D--Other Matters
Sec. 241. Live-fire survivability testing of F-22 aircraft.
Sec. 242. Live-fire survivability testing of V-22 aircraft.
Sec. 243. Amendment to University Research Initiative Support Program.
Sec. 244. Desalting technologies.
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.
Sec. 315. Ocenographic ship operations and data analysis.
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 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.
Sec. 352. Authority for agreements with Indian tribes for services
under Environmental Restoration Program.
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.
Sec. 368. Computer Emergency Response Team at Software Engineering
Institute.
Sec. 369. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the Defense
Language Institute.
Sec. 370. Authority of Air National Guard to provide certain services
at Lincoln Municipal Airport, Lincoln Nebraska.
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.
Sec. 413. Personnel management relating to assignment to service in the
Selective Service System.
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.
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.
Sec. 506. Grade of Chief of Naval Research.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
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.
Sec. 518. Modified end strength authorization for military technicians
for the Air National Guard for fiscal year 1997.
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.
Sec. 523. Prohibition on reorganization of Army ROTC Cadet Command of
termination of Senior ROTC units pending report on ROTC.
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.
[[Page S7527]]
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.
Sec. 540. Chief and assistant chief of Army Nurse Corps.
Sec. 541. Chief and assistant chief of Air Force Nurse Corps.
Sec. 542. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 543. Military Personnel Stalking Punishment and Prevention Act of
1996.
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.
Sec. 636. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
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.
Sec. 643. Payment to Vietnamese commandos captured and interned by
North Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--General
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. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Sec. 705. Codification of authority to credit CHAMPUS collections to
program accounts.
Sec. 706. Comptroller General review of health care activities of the
Department of Defense relating to Persian Gulf illnesses.
Sec. 707. Restoration of previous policy regarding restrictions on use
of Department of Defense Medical Facilities.
Sec. 708. Plans for medicare subvention demonstration programs.
Sec. 709. Research and benefits relating to Gulf War service.
Sec. 710. Preventive health care screening for colon and prostate
cancer.
Subtitle B--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services
health care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
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.
Sec. 810. Research under transactions other than contracts and grants.
Sec. 811. Reporting requirement under demonstration project for
purchase of fire, security, police, public works, and
utility services from local Government agencies.
Sec. 812. Test programs for modernization-through-spares.
Sec. 813. Pilot program for transfer of defense technology information
to private industry.
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.
Sec. 904. Transfer of authority to control transportation systems in
time of war.
Sec. 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.
Sec. 907. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the
unified combatant commands.
Sec. 908. Actions to limit adverse effects of establishment of National
Missile Defense Joint Program Office on private sector
employment.
[[Page S7528]]
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. Reimbursement of Department of Defense for costs of disaster
assistance provided outside the United States.
Sec. 1008. Fisher House Trust Fund for the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. 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.
Sec. 1025. Sense of the Senate concerning USS LCS 102 (LSSL 102).
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.
Sec. 1044. Prohibition on collection and release of detailed satellite
imagery relating to Israel and other countries and areas.
Sec. 1045. Defense burdensharing.
Sec. 1046. Sense of the Senate concerning export controls.
Sec. 1047. Report on NATO enlargement.
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.
Sec. 1054. Annual report of reserve forces policy board.
Sec. 1055. Information on proposed funding for the Guard and Reserve
components in future-years Defense programs.
Sec. 1056. Report on facilities used for testing launch vehicle
engines.
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.
Sec. 1072. Sense of the Senate regarding the United States-Japan
semiconductor trade agreement.
Sec. 1073. Food donation pilot program at the service academies.
Sec. 1074. Designation of memorial as National D-Day Memorial.
Sec. 1075. Improvements to National Security Education Program.
Sec. 1076. Reimbursement for excessive compensation of contractor
personnel prohibited.
Sec. 1077. Sense of the Senate on Department of Defense sharing of
experiences under military youth programs.
Sec. 1078. Sense of the Senate on Department of Defense sharing of
experiences with military child care.
Sec. 1079. Increase in penalties for certain traffic offenses on
military installations.
Sec. 1080. Pharmaceutical industry special equity.
Sec. 1081. Clarification of national security systems to which the
Information Technology Management Reform Act of 1996
applies.
Sec. 1082. Sale of chemicals used to namufacture controlled substances
by Federal departments or agencies.
Sec. 1083. Operational support airlift aircraft.
Sec. 1084. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1085. Strengthening certain sanctions against nuclear
proliferation activities.
Sec. 1086. Technical amendment.
Sec. 1087. Facility for military dependent children with disabilities,
Lackland Air Force Base, Texas.
Sec. 1088. Prohibition on the distribution of information relating to
explosive materials for a criminal purpose.
Sec. 1089. Exemption for savings institutions serving military
personnel.
Subtitle G--Review of Armed Forces Force Structures
Sec. 1091. Short title.
Sec. 1092. Findings.
Sec. 1093. Quadrennial Defense Review
Sec. 1094. National Defense Panel.
Sec. 1095. Postponement of deadlines.
Sec. 1096. Definitions.
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.
[[Page S7529]]
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.
Subtitle C--Defense Intelligence Personnel
Sec. 1131. Short title.
Sec. 1132. Civilian intelligence personnel management.
Sec. 1133. Repeals.
Sec. 1134. Clerical amendments.
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.
TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1311. Emergency response assistance program.
Sec. 1312. Nuclear, chemical, and biological emergency response.
Sec. 1313. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical
weapons.
Sec. 1314. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1321. United States border security.
Sec. 1322. Nonproliferation and counter-proliferation research and
development.
Sec. 1323. International Emergency Economic Powers Act.
Sec. 1324. Criminal penalties.
Sec. 1325. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1331. Protection and control of materials constituting a threat to
the United States.
Sec. 1332. Verification of dismantlement and conversion of weapons and
materials.
Sec. 1333. Elimination of plutonium production.
Sec. 1334. Industrial partnership programs to demilitarize weapons of
mass destruction production facilities.
Sec. 1335. Lab-to-lab program to improve the safety and security of
nuclear materials.
Sec. 1336. Cooperative activities on security of highly enriched
uranium used for propulsion of Russian ships.
Sec. 1337. Military-to-military relations.
Sec. 1338. Transfer authority.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1341. National coordinator on nonproliferation.
Sec. 1342. National Security Council Committee on Nonproliferation.
Sec. 1343. Comprehensive preparedness program.
Sec. 1344. Termination.
Subtitle E--Miscellaneous
Sec. 1351. Contracting policy.
Sec. 1352. Transfers of allocations among cooperative threat reduction
programs.
Sec. 1353. Additional certifications.
Sec. 1354. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1355. Purchase, packaging, and transportation of fissile materials
at risk of theft.
Sec. 1356. Reductions in authorization of appropriations.
TITLE XIV--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1401. Short title.
Subtitle A--Relocation Benefits
Sec. 1411. Modification of allowance for seeking permanent residence
quarters.
Sec. 1412. Modification of temporary quarters subsistence expenses
allowance.
Sec. 1413. Modification of residence transaction expenses allowance.
Sec. 1414. Authority to pay for property management services.
Sec. 1415. Authority to transport a privately owned motor vehicle
within the continental United States
Sec. 1416. Authority to pay limited relocation allowances to an
employee who is performing an extended assignment.
Sec. 1417. Authority to pay a home marketing incentive.
Sec. 1418. Conforming amendments.
Subtitle B--Miscellaneous Provisions
Sec. 1431. Repeal of the long-distance telephone call certification
requirement.
Sec. 1432. Transfer of authority to issue regulations.
Sec. 1433. Report on assessment of cost savings.
Sec. 1434. Effective date; issuance of regulations.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center,
Maryland.
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.
Sec. 2602. Funding for construction and improvement of reserve centers
in the State of Washington.
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. Prohibition on use of funds for certain projects.
Sec. 2706. 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. 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.
[[Page S7530]]
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.
Sec. 2828. Transfer of jurisdiction and land conveyance, Fort Sill,
Oklahoma.
Sec. 2829. Renovation of the Pentagon Reservation.
Sec. 2830. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2831. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Sec. 2832. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2833. Land transfer, Vernon Ranger District, Kisatchie National
Forest, Louisiana.
Sec. 2834. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2835. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2836. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Sec. 2837. Bandelier National Monument.
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.
Sec. 3138. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
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. Sense of Congress relating to redesignation of Defense
Environmental Restoration and 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.
Sec. 3161. Report on Department of Energy liability at Department
superfund sites.
Sec. 3162. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3163. Opportunity for review and comment by State of Oregon
regarding certain remedial actions at Hanford
Reservation, Washington.
Sec. 3164. Sense of Senate on Hanford memorandum of understanding.
Sec. 3165. Foreign environmental technology.
Sec. 3166. Study on worker protection at the Mound Facility.
Subtitle E--Environmental Restoration at Defense Nuclear Facilities
Sec. 3171. Short title.
Sec. 3172. Applicability.
Sec. 3173. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3174. Site managers.
Sec. 3175. Department of Energy orders.
Sec. 3176. Demonstrations of technology for remediation of defense
nuclear waste.
Sec. 3177. Reports to Congress.
Sec. 3178. Termination.
Sec. 3179. Definitions.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.
Sec. 3181. Short title and reference.
Sec. 3182. Definitions.
Sec. 3183. Test phase and retrieval plans.
Sec. 3184. Management plan.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Retrievability.
Sec. 3190. Decommissioning of WIPP
Sec. 3191. Economic assistance and miscellaneous payments.
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.
Sec. 3303. Additional authority to dispose of 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.
TITLE XXXVI--MISCELLANEOUS PROVISION
Sec. 3601. Sense of the Senate regarding the reopening of Pennsylvania
Avenue.
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.
SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the total
amount authorized to be appropriated for fiscal year 1997 for
the national defense function under the provisions of this
Act is $265,583,000,000.
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, $5,889,519,000.
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 S7531]]
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)''.
SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE CHEMICAL
WEAPONS STOCKPILE.
(a) Study.--The Secretary of Defense shall conduct a study
to determine the cost of incineration of the current chemical
munitions stockpile by building incinerators at each existing
facility compared to the proposed cost of dismantling those
same munitions, neutralizing them at each storage site and
transporting the neutralized remains and all munitions parts
to a centrally located incinerator within the United States
for incineration.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of the Congress a report on the study
carried out under subsection (a).
SEC. 114. PERMANENT AUTHORITY TO CARRY OUT ARMS INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Initiative Act of 1992 (subtitle H of title I of
Public Law 102-484; 10 U.S.C. 2501 note) is amended by
striking out ``During fiscal years 1993 through 1996'', and
inserting in lieu thereof ``During fiscal years 1993 through
1998''.
SEC. 115. TYPE CLASSIFICATION OF ELECTRO OPTIC AUGMENTATION
(EOA) SYSTEM.
(a) Requirement.--The Secretary of the Army shall type
classify the Electro Optic Augmentation (EOA) system.
(b) Funding.--Of the amounts authorized to be appropriated
for the Army by this division, $100,000 shall made be
available to the Armored Systems Modernization Program
manager for the type classification required by subsection
(a).
SEC. 116. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under section
101(3) of the National Defense Authorization Act for Fiscal
Year 1996 (110 Stat. 204), $6,000,000 is available for the
procurement of Bradley TOW 2 Test Program sets.
SEC. 117. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.
(a) Pilot Program.--The Secretary of Defense shall conduct
a pilot program to identify and demonstrate feasible
alternatives to incineration for the demilitarization of
assembled chemical munitions.
(b) Program Requirements.--(1) The Secretary of Defense
shall designate an executive agent to carry out the pilot
program required to be conducted under subsection (a).
(2) The executive agent shall--
(A) be an officer or executive of the United States
Government;
(B) be accountable to the Secretary of Defense; and
(C) not be, or have been, in direct or immediate control of
the chemical weapon stockpile demilitarization program
established by 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521) or the alternative
disposal process program carried out under sections 174 and
175 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 50 U.S.C. 1521 note).
(3) The executive agent may--
(A) carry out the pilot program directly;
(B) enter into a contract with a private entity to carry
out the pilot program; or
(C) transfer funds to another department or agency of the
Federal Government in order to provide for such department or
agency to carry out the pilot program.
(4) A department or agency that carries out the pilot
program under paragraph (3)(C) may not, for purposes of the
pilot program, contract with or competitively select the
organization within the Army that exercises direct or
immediate management control over either program referred to
in paragraph (2)(C).
(5) The pilot program shall terminate not later than
September 30, 2000.
(c) Annual Report.--Not later than December 15 of each year
in which the Secretary carries out the pilot program, the
Secretary shall submit to Congress a report on the activities
under the pilot program during the preceding fiscal year.
(d) Evaluation and Report.--Not later than December 31,
2000, the Secretary of Defense shall--
(1) evaluate each demilitarization alternative identified
and demonstrated under the pilot program to determine whether
that alternative--
(A) is as safe and cost efficient as incineration for
disposing of assembled chemical munitions; and
(B) meets the requirements of section 1412 of the
Department of Defense Authorization Act, 1986; and
(2) submit to Congress a report containing the evaluation.
(e) Limitation on Long Lead Contracting.--(1)
Notwithstanding any other provision of law and except as
provided in paragraph (2), the Secretary may not enter into
any contract for the purchase of long lead materials
considered to be baseline incineration specific materials for
the construction of an incinerator at any site in Kentucky or
Colorado, within one year of the date of enactment of this
Act or, thereafter until the executive agent designated for
the pilot program submits an application for such permits as
are necessary under the law of the State of Kentucky or the
law of the State of Colorado, as the case may be, for the
construction at that site of a plant for demilitarization of
assembled chemical munitions by means of an alternative to
incineration.
(2) Provided, however, That the Secretary may enter into a
contract described in paragraph (1) beginning 60 days after
the date on which the Secretary submits to Congress--
(A) the report required by subsection (d)(2); and
(B) the certification of the executive agent that there
exists no alternative technology as safe and cost efficient
as incineration for demilitarizing chemical munitions at non-
bulk sites that can meet the requirements of section 1412 of
the Department of Defense Authorization Act, 1986.
(f) Assembled Chemical Munition Defined.--For the purpose
of this section, the term ``assembled chemical munition''
means an entire chemical munition, including component parts,
chemical agent, propellant, and explosive.
(g) Funding.--(1) Of the amount authorized to be
appropriated under section 107, $60,000,000 shall be
available for the pilot program under this section. Such
funds may not be derived from funds to be made available
under the chemical demilitarization program for the
alternative technologies research and development program at
bulk sites.
(2) Funds made available for the pilot program pursuant to
paragraph (1) shall be made available to the executive agent
for use for the pilot program.
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.
[[Page S7532]]
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) In addition to the purposes for which the amount
authorized to be appropriated by section 102(a)(3) is
available under subparagraphs (B) and (C) of paragraph (1),
the amounts available under such subparagraphs are also
available for 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, and
updated design base.
(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.
(e) Next Attack Submarine After New Attack Submarine.--The
Secretary of Defense shall modify the plan (relating to
development of a program leading to production of a more
capable and less expensive submarine than the New Attack
Submarine) that was submitted to Congress pursuant to section
131(c) of Public Law 104-106 (110 Stat. 208) in order to
provide in such plan for selection of a design for a next
submarine for serial production not earlier than fiscal year
2000 (rather than fiscal year 2003, as provided in paragraph
(3)(B) of such section 131(c)).
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 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 Multiyear Procurement of Twelve
Vessels.--The Secretary of the Navy is authorized, pursuant
to section 2306b of title 10, United States Code, to enter
into multiyear contracts for the procurement of a total of 12
Arleigh Burke class destroyers at a procurement rate of three
ships in each of fiscal years, 1998, 1999, 2000, and 2001 in
accordance with this subsection and subsections (a)(4) and
(c), subject to the availability of appropriations for such
destroyers. A contract for construction of one or more
vessels that is entered into in accordance with this
subsection shall include a clause that limits the liability
of the Government to the contractor for any termination of
the contract.
SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.
Section 2218(f) of title 10, United States Code, shall not
apply in the case of the purchase of three ships for the
purpose of enhancing Marine Corps prepositioning ship
squadrons.
SEC. 126. ADDITIONAL EXCEPTION FROM COST LIMITATION FOR
SEAWOLF SUBMARINE PROGRAM.
Section 133 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 211) is
amended--
(1) in subsection (a), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsections (b) and (c)'';
and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Costs Not Included.--The previous obligations of
$745,700,000 for the SSN-23, SSN-24, and SSN-25 submarines,
out of funds appropriated for fiscal years 1990, 1991, and
1992, that were subsequently canceled (as a result of a
cancellation of such submarines) shall not be taken into
account in the application of the limitation in subsection
(a).''.
SEC. 127. RADAR MODERNIZATION.
Funds appropriated for the Navy for fiscal years before
fiscal year 1997 may not be used for development and
procurement of the Pulse Doppler Upgrade modification to the
AN/SPS-48E radar system.
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
[[Page S7533]]
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.
Subtitle E--Reserve Components
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES OF THE
RESERVE COMPONENTS.
(a) Assessments Required.--Not later than December 1, 1996,
each officer referred to in subsection (b) shall submit to
the congressional defense committees an assessment of the
modernization priorities established for the reserve
component or reserve components for which that officer is
responsible.
(b) Responsible Officers.--The officers required to submit
a report under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces Reserve.
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, $14,786,356,000.
(4) For Defense-wide activities, $9,699,542,000, 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.
SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION RELATING TO HUMANITARIAN DEMINING
TECHNOLOGIES.
Of the amounts authorized to be appropriated by section
201(4), $18,000,000 shall be available for research,
development, test, and evaluation activities relating to
humanitarian demining technologies (PE0603120D), to be
administered by the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.
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 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. TIER III MINUS UNMANNED AERIAL VEHICLE.
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).
[[Page S7534]]
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. The report shall include--
(1) a comparison of--
(A) the results of the review, with
(B) the results of the last independent estimate of
production costs of the program that was prepared by the Cost
Analysis Improvement Group in July 1991; and
(2) a description of any major changes in programmatic
assumptions that have occurred since the estimate referred to
in paragraph (1)(B) was made, including any major change in
assumptions regarding the program schedule, the quantity of
aircraft to be developed and acquired, and the annual rates
of production, together with an assessment of the effects of
such changes on the program.
(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
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.
[[Page S7535]]
SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.
(a) Amounts Authorized From Navy RDT&E Account.--Of the
amount authorized to be appropriated by section 201(2)--
(1) $489,443,000 is available for the design of the
submarine previously designated by the Navy as the New Attack
Submarine; and
(2) $100,000,000 is available to address the inclusion on
future nuclear attack submarines of core advanced
technologies, category I advanced technologies, and category
II advanced technologies, as such advanced technologies are
identified by the Secretary of Defense in Appendix C of the
report of the Secretary entitled ``Report on Nuclear Attack
Submarine Procurement and Submarine Technology'', submitted
to Congress on March 26, 1996.
(b) Certain Technologies To Be Emphasized.--In using funds
made available in accordance with subsection (a)(2), the
Secretary of the Navy shall emphasize research, development,
test, and evaluation of the technologies identified by the
Submarine Technology Assessment Panel (in the final report of
the panel to the Assistant Secretary of the Navy for
Research, Development, and Acquisition, dated March 15, 1996)
as having the highest priority for initial investment.
(c) Shipyards Involved in Technology Development.--To
further implement the recommendations of the Submarine
Technology Assessment Panel, the Secretary of the Navy shall
ensure that the shipyards involved in the construction of
nuclear attack submarines are also principal participants in
the process of developing advanced submarine technologies and
including the technologies in future submarine designs. The
Secretary shall ensure that those shipyards have access for
such purpose (under procedures prescribed by the Secretary)
to the Navy laboratories and the Office of Naval Intelligence
and (in accordance with arrangements to be made by the
Secretary) to the Defense Advanced Research Projects Agency.
(d) Funding for Contracts Under 1996 Agreement Among the
Navy and Shipyards.--In addition to the purposes of which the
amount authorized to be appropriated by section 201(2) are
available under paragraphs (1) and (2) of subsection (a), the
amounts available under such paragraphs are also available
for 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, for research and development activities under
that memorandum of agreement.
SEC. 224. FUNDING FOR BASIC RESEARCH IN NUCLEAR SEISMIC
MONITORING.
Of the amount authorized to be appropriated by section
201(3) and made available for arms control implementation for
the Air Force (account PE0305145F), $6,500,000 shall be
available for basic research in nuclear seismic monitoring.
SEC. 225. CYCLONE CLASS CRAFT SELF-DEFENSE.
(a) Study Required.--Not later than March 31, 1997, the
Secretary of Defense shall--
(1) carry out a study of vessel self-defense options for
the Cyclone class patrol craft; and
(2) submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the results of the study.
(b) SOCOM Involvement.--The Secretary shall carry out the
study through the Commander of the Special Operations
Command.
(c) Specific System To Be Evaluated.--The study under
subsection (a) shall include an evaluation of the BARAK ship
self-defense missile system.
SEC. 226. COMPUTER-ASSISTED EDUCATION AND TRAINING.
Of the amount authorized to be appropriated under section
201(4), $10,000,000 shall be available under program element
0601103D for computer-assisted education and training at the
Defense Advanced Research Projects Agency.
SEC. 227. SEAMLESS HIGH OFF-CHIP CONNECTIVITY.
Of the amount authorized to be appropriated by this Act,
$7,000,000 shall be available for the Defense Advanced
Research Projects Agency for research and development on
Seamless High Off-Chip Connectivity (SHOCC) under the
materials and electronic technology program (PE 0602712E).
SEC. 228. COST-BENEFIT ANALYSIS OF F/A-18E/F AIRCRAFT
PROGRAM.
(a) Report on Program.--Not later than March 30, 1997, the
Secretary of Defense shall submit to the congressional
defense committees a report on the F/A-18E/F aircraft
program.
(b) Content of Report.--The report shall contain the
following:
(1) A review of the F/A-18E/F aircraft program.
(2) An analysis and estimate of the production costs of the
program for the total number of aircraft realistically
expected to be procured at each of three annual production
rates as follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the program
with the costs and benefits of the F/A-18C/D aircraft program
taking into account the operational combat effectiveness of
the aircraft.
(c) Limitation on Use of Funds Pending Transmittal of
Report.--No more than 90 percent of the funds authorized to
be appropriated by this Act may be obligated or expended for
the procurement of F/A-18E/F aircraft before the date that is
30 days after the date on which the congressional defense
committees receive the report required under subsection (a).
SEC. 229. NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL
SATELLITE SYSTEM.
(a) Funds Available for Polar-Orbiting Operational
Environmental Satellite System.--Of the amount authorized to
be appropriated under section 201(3), $29,024,000 is
available for the National Polar-Orbiting Operational
Environmental Satellite System (Space) program (PE 0603434F).
(b) Funds Available for Intercontinental Ballistic
Missile.--Of the amount authorized to be appropriated under
section 201(3), $212,895,000 is available for the
Intercontinental Ballistic Missile--EMD program (PE
0604851F).
SEC. 230. SURGICAL STRIKE VEHICLE FOR USE AGAINST HARDENED
AND DEEPLY BURIED TARGETS.
(a) Amount Authorized.--Of the amount authorized to be
appropriated by section 201(4) for counterproliferation
support program $3,000,000 shall be made available to the Air
Combat Command for research and development into the near-
term development of a capability to defeat hardened and
deeply buried targets, including tunnels and deeply buried
facilities for the production and storage of chemical,
biological, and nuclear weapons and their delivery systems.
(b) Requirements.--Nothing in this section shall be
construed as precluding the application of the requirements
of the Competition in Contracting Act.
Subtitle C--Ballistic Missile Defense
SEC. 231. CONVERSION OF ABM TREATY TO MULTILATERAL TREATY.
(a) Fiscal Year 1997.--It is the sense of the Senate that
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. 232. 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. 233. 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. 234. 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.
SEC. 235. SCORPIUS SPACE LAUNCH TECHNOLOGY PROGRAM.
Of the amount authorized to be appropriated under section
201(4) for the Ballistic Missile Defense Organization for
Support Technologies/Follow-On Technologies (PE 63173C), up
to $7,500,000 is available for the Scorpius space launch
technology program.
SEC. 236. CORPS SAM/MEADS PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated
under section 201(4)--
(1) $56,200,000 is available for the Corps surface-to-air
missile (SAM)/Medium Extended Air Defense System (MEADS)
program (PE63869C); and
(2) $515,711,000 is available for Other Theater Missile
Defense programs, projects, and activities (PE63872C).
[[Page S7536]]
(b) International Cooperation.--The Secretary of Defense
may carry out the program referred to in subsection (a) in
accordance with the memorandum of understanding entered into
on May 25, 1996 by the governments of the United States,
Germany, and Italy regarding international cooperation on
such program (including any amendments to the memorandum of
understanding).
(c) Limitations.--Not more than $15,000,000 of the amount
available for the Corps SAM/MEADS program under subsection
(a) may be obligated until the Secretary of Defense submits
to the congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/MEADS
program, including a tentative schedule of major milestones
and an estimate of the total program cost through initial
operational capability.
(2) A report on the options associated with the use of
existing systems, technologies, and program management
mechanisms to satisfy the requirement for the Corps surface-
to-air missile, including an assessment of cost and schedule
implications in relation to the program estimate submitted
under paragraph (1).
(3) A certification that there will be no increase in
overall United States funding commitment to the project
definition and validation phase of the Corps SAM/MEADS
program as a result of the withdrawal of France from
participation in the program.
SEC. 237. ANNUAL REPORT ON THREAT OF ATTACK BY BALLISTIC
MISSILES CARRYING NUCLEAR, CHEMICAL, OR
BIOLOGICAL WARHEADS.
(a) Findings.--Congress makes the following findings:
(1) The worldwide proliferation of ballistic missiles is a
potential threat to the United States national interests
overseas and challenges United States defense planning.
(2) In the absence of a national missile defense, the
United States remains vulnerable to long-range missile
threats.
(3) Russia has a ground-based missile defense system
deployed around Moscow.
(4) Several countries, including Iraq, Iran, and North
Korea may soon be technologically capable of threatening the
United States and Russia with ballistic missile attack.
(b) Report Required.--(1) Each year, the President shall
submit to Congress a report on the threats to the United
States of attack by ballistic missiles carrying nuclear,
biological, or chemical warheads.
(2) The President shall submit the first report not later
than 180 days after the date of the enactment of this Act.
(c) Content of Report.--The report shall contain the
following:
(1) A list of all countries thought to have nuclear,
chemical, or biological weapons, the estimated numbers of
such weapons that each country has, and the destructive
potential of the weapons.
(2) A list of all countries thought to have ballistic
missiles, the estimated number of such missiles that each
country has, and an assessment of the ability of those
countries to integrate their ballistic missile capabilities
with their nuclear, chemical, or biological weapons
technologies.
(3) A comparison of the United States civil defense
capabilities with the civil defense capabilities of each
country that has nuclear, chemical, or biological weapons and
ballistic missiles capable of delivering such weapons.
(4) An estimate of the number of American fatalities and
injuries that could result, and an estimate of the value of
property that could be lost, from an attack on the United
States by ballistic missiles carrying nuclear, chemical, or
biological weapons if the United States were left undefended
by a national missile defense system covering all 50 States.
(5) Assuming the use of any existing theater ballistic
missile defense system for defense of the United States, a
list of the States that would be left exposed to nuclear
ballistic missile attacks and the criteria used to determine
which States would be left exposed.
(6) The means by which the United States is preparing to
defend itself against the potential threat of ballistic
missile attacks by North Korea, Iran, Iraq, and other
countries obtaining ballistic missiles capable of delivering
nuclear, chemical, and biological weapons in the near future.
(7) For each country that is capable of attacking the
United States with ballistic missiles carrying a nuclear,
biological, or chemical weapon, a comparison of--
(A) the vulnerability of the United States to such an
attack if theater missile defenses were used to defend
against the attack; and
(B) the vulnerability of the United States to such an
attack if a national missile defense were in place to defend
against the attack.
SEC. 238. AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Air Force proposal for a Minuteman based national
missile defense system is an important national missile
defense option and is worthy of serious consideration; and
(2) the Secretary of Defense should give the Air Force
National Missile Defense Proposal full consideration.
(b) Report.--Not later than 120 days after the enactment of
this Act, the Secretary of Defense shall provide the
congressional defense committees a report on the following
matters in relation to the Air Force National Missile Defense
Proposal:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to the Air Forces' plan.
(2) The Arms Control implications of such system.
(3) Growth potential to meet future threats.
(4) The Secretary's recommendation for improvements to the
Air Force's plan.
SEC. 239. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
IMPLEMENT AN INTERNATIONAL AGREEMENT CONCERNING
THEATER MISSILE DEFENSE SYSTEMS.
Section 235(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 232) is
amended in the matter preceding paragraph (1) by inserting
``or 1997'' after ``fiscal year 1996''.
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 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.
SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802(c) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701; 10
U.S.C. 2358 note) is amended by striking out ``fiscal years
before the fiscal year in which the institution submits a
proposal'' and inserting in lieu thereof ``most recent fiscal
years for which complete statistics are available when
proposals are requested''.
SEC. 244. DESALTING TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a cause of
future military conflicts in the Middle East and has a direct
impact on stability and security in the region.
(2) The Middle East is an area of vital and strategic
importance to the United States.
(3) The United States has played a military role in the
Middle East, most recently in the Persian Gulf War, and may
likely be called upon again to deter aggression in the
region.
(4) United States troops have used desalting technologies
to guarantee the availability of fresh water in past
deployments in the Middle East.
(5) Adequate, efficient, and cheap access to high-quality
fresh water will be vital to maintaining the readiness and
sustainability of United States troops, and those of our
allies.
(b) Sense of Senate.--It is the sense of the Senate that,
as improved access to fresh water will be an important factor
in helping prevent future conflicts in the Middle East, the
United States should, in cooperation with its allies, promote
and invest in technologies to reduce the costs of converting
saline water into fresh water.
(c) Funding for Research and Development.--Of the amounts
authorized to be appropriated by this title, the Secretary
shall place greater emphasis on making funds available for
research and development into efficient and economical
processes and methods for converting saline water into fresh
water.
[[Page S7537]]
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.
``(c) National Coastal Data Center.--(1) The Secretary of
the Navy shall establish a National Coastal Data Center at
each of two educational institutions that are either well-
established oceanographic institutes or graduate schools of
oceanography. The Secretary shall select for the center one
institution located at or near the east coast of the
continental United States and one institution located at or
near the west coast of the continental United States.
``(2) The purpose of the center is to collect, maintain,
and make available for research and educational purposes
information on coastal oceanographic phenomena.
``(3) The Secretary shall complete the establishment of the
National Coastal Data Center not later than one year after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997.
``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 Research 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, $17,949,339,000.
(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, $2,699,173,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
[[Page S7538]]
(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.
(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.
SEC. 315. OCEANOGRAPHIC SHIP OPERATIONS AND DATA ANALYSIS.
(a) Funds Authorized.--Of the funds provided by section
301(2), an additional $6,200,000 may be authorized for the
reduction, storage, modeling and conversion of oceanographic
data for use by the Navy, consistent with Navy's
requirements.
(b) Purpose.--Such funds identified in subsection (a) shall
be in addition to such amounts already provided for this
purpose in the budget request.
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
[[Page S7539]]
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 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
[[Page S7540]]
``(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''.
(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
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 accounts
``(a) Establishment of Accounts.--There are hereby
established in the Department of Defense the following
accounts:
``(1) An account to be known as the `Defense Environmental
Restoration Account'.
``(2) An account to be known as the `Army Environmental
Restoration Account'.
``(3) An account to be known as the `Navy Environmental
Restoration Account'.
``(4) An account to be known as the `Air Force
Environmental Restoration Account'.
``(b) Obligation of Authorized Amounts.--Funds authorized
for deposit in an account under subsection (a) may be
obligated or expended from the account only 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.
Funds so authorized shall remain available until expended.
``(c) 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.
``(d) 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.
``(e) 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 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--
(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
[[Page S7541]]
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.
(a) In General.--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) Covenant requirements.--For purposes of subparagraphs
(A)(ii)(I) and (C)(iii)'';
(6) in subparagraph (B), as designated by paragraph (5), by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)(ii)''; and
(7) by adding at the end the following:
``(C) Deferral.--
``(i) In general.--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)(I) 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 for the use
intended by the transferee;
``(II) the deed or other agreement proposed to govern the
transfer between the United States and the transferee of the
property contains the assurances set forth in clause (ii);
and
``(III) the Federal agency requesting deferral has provided
notice, by publication in a newspaper of general circulation
in the vicinity of the property, of the proposed transfer and
of the opportunity for the public to submit, within a period
of not less than 30 days after the date of the notice,
written comments on the finding by the agency that the
property is suitable for transfer.
``(ii) Remedial action assurances.--With regard to a
release or threatened release of a hazardous substance for
which a Federal agency is potentially responsible under this
section, the deed or other agreement proposed to govern the
transfer shall contain assurances that--
``(I) provide for any necessary restrictions to ensure the
protection of human health and the environment;
``(II) provide that there will be restrictions on use
necessary to ensure required remedial investigations,
remedial actions, and oversight activities will not be
disrupted;
``(III) provide that all appropriate remedial action will
be taken and identify the schedules for investigation and
completion of all necessary remedial action; and
``(IV) provide that the Federal agency responsible for the
property subject to transfer will submit a budget request to
the Director of the Office of Management and Budget that
adequately addresses schedules, subject to congressional
authorizations and appropriations.
``(iii) Warranty.--When all remedial action necessary to
protect human health and the environment with respect to any
substance remaining on the property on the date of transfer
has been taken, the United States shall execute and deliver
to the transferee an appropriate document containing a
warranty that all such remedial action has been completed,
and the making of the warranty shall be considered to satisfy
the requirement of subparagraph (A)(ii)(I).
``(iv) Federal responsibility.--A deferral under this
subparagraph shall not increase, diminish, or affect in any
manner any rights or obligations of a Federal agency with
respect to a property transferred under this subparagraph.''.
(b) Continued Application of State Law.--The first sentence
of section 120(a)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(a)(4)) is amended by inserting ``or facilities that are
the subject of a deferral under subsection (h)(3)(C)'' after
``United States''.
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)).
(c) Report on Compliance with Annex V to the Convention.--
The Secretary of Defense shall include in each report on
environmental compliance activities submitted to Congress
under section 2706(b) of title 10, United States Code, the
following information:
(1) A list of the ships types, if any, for which the
Secretary of the Navy has made the determination referred to
in paragraph (2)(C) of section 3(c) of the Act to Prevent
Pollution from Ships, as amended by subsection (a)(2) of this
section.
(2) A list of ship types which the Secretary of the Navy
has determined can comply with Regulation 5 of Annex V to the
Convention.
(3) A summary of the progress made by the Navy in
implementing the requirements of paragraphs (2) and (3) such
section 3(c), as so amended.
(4) A description of any emerging technologies offering the
potential to achieve full compliance with Regulation 5 of
Annex V to the Convention.
(d) Publication Regarding Special Area Discharges.--Section
3(e)(4) of the Act to Prevent Pollution from Ships (33 U.S.C.
1902(e)(4)) is amended by striking out subparagraph (A) and
inserting in lieu thereof the following:
``(A) The amount and nature of the discharges in special
areas, not otherwise authorized under this title, during the
preceding year from ships referred to in subsection (b)(1)(A)
of this section owned or operated by the Department of the
Navy.''.
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,
[[Page S7542]]
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
``(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.''.
SEC. 352. AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR
SERVICES UNDER ENVIRONMENTAL RESTORATION
PROGRAM.
Section 2701(d) of title 10, United States Code, is
amended--
(1) in the first sentence of paragraph (1), by striking out
``, or with any State or local government agency,'' and
inserting in lieu thereof ``, with any State or local
government agency, or with any Indian tribe,''; and
(2) by adding at the end the following:
``(3) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 101(36) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).''.
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.
[[Page S7543]]
``(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) Security and Safety Assistance.--At the request of a
Federal, State, or local government agency responsible for
providing law enforcement services, security services, or
safety services, 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 civilian sporting event in support of essential
security and safety at such event, but only if the Attorney
General certifies that such assistance is necessary to meet
essential security and safety needs.
(b) Other Assistance.--The Secretary may authorize a
commander referred to in subsection (a) to provide assistance
for a sporting event referred to in that subsection in
support of other needs relating to such event, but only--
(1) to the extent that such needs cannot reasonably be met
by a source other than the Department;
(2) to the extent that the provision of such assistance
does not adversely affect the military preparedness of the
Armed Forces; and
(3) if the organization requesting such assistance agrees
to reimburse the Department for amounts expended by the
Department in providing the assistance in accordance with the
provisions of section 377 of title 10, United States Code,
and other applicable provisions of law.
(c) Inapplicability to Certain Events.--Subsections (a) and
(b) do not apply to the following sporting events:
(1) Sporting events for which funds have been appropriated
before the date of the enactment of this Act.
(2) The Special Olympics.
(3) The Paralympics.
(d) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the provision of
assistance under this section as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(e) Report on Assistance.--Not later than January 30 of
each year following a year in which the Secretary provides
assistance under this section, the Secretary shall submit to
the congressional defense committees a report on the
assistance provided. The report shall set forth--
(1) a description of the assistance provided;
(2) the amount expended by the Department in providing the
assistance;
(3) if the assistance was provided under subsection (a),
the certification of the Attorney General with respect to the
assistance under that subsection; and
(4) if the assistance was provided under subsection (b)--
(A) an explanation why the assistance could not reasonably
be met by a source other than the Department; and
(B) the amount the Department was reimbursed under that
subsection.
(f) Relationship to Other Laws.--Assistance provided under
this section shall be subject to the provisions of sections
375 and 376 of title 10, United States Code.
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.
SEC. 368. COMPUTER EMERGENCY RESPONSE TEAM AT SOFTWARE
ENGINEERING INSTITUTE.
(a) Funding.--Of the amounts authorized to be appropriated
under this Act, $2,000,000 shall be available to the Software
Engineering Institute only for use by the Computer Emergency
Response Team.
(b) Challenge Athena Program.--Funds authorized by section
301(2) for the Challenge Athena program shall be reduced by
$2,000,000.
SEC. 369. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF
CIVILIAN STUDENTS AT FOREIGN LANGUAGE INSTITUTE
OF THE DEFENSE LANGUAGE INSTITUTE.
Section 559(a)(1) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2776; 10
U.S.C. 4411 note) is amended by striking out ``on a cost-
reimbursable, space-available basis'' and inserting in lieu
thereof ``on a space-available basis and for such
reimbursement (whether in whole or in part) as the Secretary
considers appropriate''.
SEC. 370. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN
SERVICES AT LINCOLN MUNICIPAL AIRPORT, LINCOLN,
NEBRASKA.
(a) Authority.--Subject to subsections (b) and (c), the
Nebraska Air National Guard may provide fire protection
services and rescue services relating to aircraft at Lincoln
Municipal Airport, Lincoln, Nebraska, on behalf of the
Lincoln Municipal Airport Authority, Lincoln, Nebraska.
(b) Agreement.--The Nebraska Air National Guard may not
provide services under subsection (a) until the Nebraska Air
National Guard and the authority enter into an agreement
under which the authority reimburses the Nebraska Air
National Guard for the cost of the services provided.
(c) Conditions.--These services may only be provided to the
extent that the provision of such services does not adversely
affect the military preparedness of the Armed Forces.
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
[[Page S7544]]
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, 108,904.
(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, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413. PERSONNEL MANAGEMENT RELATING TO ASSIGNMENT TO
SERVICE IN THE SELECTIVE SERVICE SYSTEM.
Section 10 of the Military Selective Service Act (50 U.S.C.
App. 460) is amended--
(1) in subsection (b)(2), by inserting ``, subject to
subsection (e),'' after ``to employ such number of civilians,
and''; and
(2) by inserting after subsection (d) the following:
``(e)(1) The number of armed forces personnel assigned to
the Selective Service System under subsection (b)(2) may not
exceed 745, except in a time of war declared by Congress or
national emergency declared by Congress or the President.
``(2) Members of the Selected Reserve assigned to the
Selective Service System under subsection (b)(2) shall not be
counted for purposes of any limitation on the authorized
strength of Selected Reserve personnel of the reserve
components under any law authorizing the end strength of such
personnel.''.
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 $69,880,430,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1997.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--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''.
SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.
Section 5022(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Unless appointed to higher grade under another
provision of law, an officer, while serving in the Office of
Naval Research as Chief of Naval Research, has the rank of
rear admiral (upper half).''.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND
MIDSHIPMEN IN SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) Amendments to Title 10.--(1) Section 2106(c) of title
10, United States Code, is amended by striking out ``while
serving on active duty other than for training after July 31,
1990, while a member of the Selected Reserve'' and inserting
in lieu thereof ``performed on or after August 1, 1979, as a
member of the Selected Reserve''.
(2) Section 2107(g) of such title is amended by striking
out ``while serving on active duty other than for training
after July 31, 1990, while a member of the Selected Reserve''
and inserting in lieu thereof ``performed on or after August
1, 1979, as a member of the Selected Reserve''.
(3) Section 2107a(g) of such title is amended by inserting
``, other than enlisted service performed after August 1,
1979, as a member
[[Page S7545]]
of Selected Reserve'' after ``service as a cadet or with
concurrent enlisted service''.
(b) Amendment to Title 37.--Section 205(d) of title 37,
United States Code, is amended by striking out ``that service
after July 31, 1990, that the officer performed while serving
on active duty'' and inserting in lieu thereof ``for service
that the officer performed on or after August 1, 1979.''.
(c) Benefits Not To Accrue for Prior Periods.--No increase
in pay or retired or retainer pay shall accrue for periods
before the date of the enactment of this Act by reason of the
amendments made by this section.
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)''.
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.
SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR MILITARY
TECHNICIANS FOR THE AIR NATIONAL GUARD FOR
FISCAL YEAR 1997.
Section 513(b)(3) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 305; 10
U.S.C. 115 note) is amended to read as follows:
``(3) Air National Guard:
[[Page S7546]]
``(A) For fiscal year 1996, 22,906.
``(B) For fiscal year 1997, 22,956.''.
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.
SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET
COMMAND OR TERMINATION OF SENIOR ROTC UNITS
PENDING REPORT ON ROTC.
(a) Prohibition.--Notwithstanding any other provision of
law, the Secretary of the Army may not reorganize or
restructure the Reserve Officers Training Corps Cadet Command
or terminate any Senior Reserve Officer Training Corps units
identified in the Information for Members of Congress
concerning Senior Reserve Officer Training Corps (ROTC) Unit
Closures dated May 20, 1996, until 180 days after the date on
which the Secretary submits to the congressional defense
committees the report described in subsection (b).
(b) Report.--The report referred to in subsection (a)
shall--
(1) describe the selection process used to identify the
Reserve Officer Training Corps units of the Army to be
terminated;
(2) list the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) set forth the specific ranking of each unit of the
Reserve Officer Training Corps of the Army to be terminated
as against all other such units;
(4) set forth the authorized and actual cadre staffing of
each such unit to be termination for each fiscal year of the
10-fiscal year period ending with fiscal year 1996;
(5) set forth the production goals and performance
evaluations of each Reserve Officer Training Corps unit of
the Army on the closure list for each fiscal year of the 10-
fiscal year period ending with fiscal year 1996;
(6) describe how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the
closure of such units;
(7) describe the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the
colleges on the closure list;
(8) include the projected officer accession plan by source
of commission for the active-duty Army, the Army Reserve, and
the Army National Guard; and
(9) describe whether the closure of any ROTC unit will
adversely effect the recruitment of minority officer
candidates.
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)(A) 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) In the administration of subparagraph (A), the
following officers shall not be counted:
``(i) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(ii) 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.
``(iii) Any officer assigned to duty with the American
Battle Monuments Commission for the period of active duty to
which ordered.''.
(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) 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.''.
(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'';
[[Page S7547]]
(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:
``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).
[[Page S7548]]
(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--
(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.
SEC. 540. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS.
(a) Chief of Army Nurse Corps.--Subsection (b) of section
3069 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``major'' and
inserting in lieu thereof ``lieutenant colonel'';
(2) by inserting after the first sentence the following:
``An appointee who holds a lower regular grade shall be
appointed in the regular grade of brigadier general.''; and
(3) in the last sentence, by inserting ``to the same
position'' before the period at the end.
(b) Assistant Chief.--Subsection (c) of such section is
amended by striking out ``major'' in the first sentence and
inserting in lieu thereof ``lieutenant colonel''.
(c) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 3069. Army Nurse Corps: composition; Chief and
assistant chief; appointment; grade
(2) The item relating to such section in the table of
sections at the beginning of chapter 307 of title 10, United
States Code, is amended to read as follows:
``3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade.''.
SEC. 541. CHIEF AND ASSISTANT CHIEF OF AIR FORCE NURSE CORPS.
(a) Positions and Appointment.--Chapter 807 of title 10,
United States Code, is amended by inserting after section
8067 the following:
``Sec. 3069. Air Force nurses: Chief and assistant chief;
appointment; grade
``(a) Positions of Chief and Assistant Chief.--There are a
Chief and assistant chief of the Air Force Nurse Corps.
``(b) Chief.--The Secretary of the Air Force shall appoint
the Chief from the officers of the Regular Air Force
designated as Air Force nurses whose regular grade is above
lieutenant colonel and who are recommended by the Surgeon
General. An appointee who holds a lower regular grade shall
be appointed in the regular grade of brigadier general. The
Chief serves during the pleasure of the Secretary, but not
for more than three years, and may not be reappointed to the
same position.
``(c) Assistant Chief.--The Surgeon General shall appoint
the assistant chief from the officers of the Regular Air
Force designated as Air Force nurses whose regular grade is
above lieutenant colonel.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after
section 8067 the following:
``3069. Air Force Nurse Corps: Chief and assistant chief; appointment;
grade.''.
SEC. 542. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established
by law or policy for the time within which a recommendation
for the award of a military decoration or award must be
submitted shall not apply in the case of awards of
decorations as described in subsection (b), the award of each
such decoration having been determined by the Secretary of
the Navy to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to
awards of the Distinguished Flying Cross for service during
World War II as follows:
(1) First award.--First award, for completion of at least
20 qualifying combat missions, to the following members and
former members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Herman C. Edwards of Johns Island, South Carolina.
James M. Fitzgerald of Anchorage, Alaska.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Otis Lancaster of Wyoming, Michigan.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron, New York.
The late Edward J. Naparkowsky, formerly of Hartford,
Connecticut.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
Stanley J. Orlowski of Jackson, Michigan.
(2) Second award.--Second award, for completion of at least
40 qualifying combat missions, to the following members and
former members of the Armed Forces:
Ralph J. Deceuster of Dover, Ohio.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Arthur C. Adair of Grants Pass, Oregon.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
Albert P. Emsley of Bothell, Washington.
Robert B. Carnes of West Yarmouth, Massachusetts.
Urbain J. Fournier of Houma, Louisiana.
John B. Tagliapiri of St. Helena, California.
Ray B. Stiltner of Centralia, Washington.
(3) Third award.--Third award, for completion of at least
60 qualifying combat missions, to the following members and
former members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
William A. Nickerson of Portland, Oregon.
David Mendoza of McAllen, Texas.
[[Page S7549]]
(4) Fourth award.--Fourth award, for completion of at least
80 qualifying combat missions, to the following members and
former members of the Armed Forces:
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Robert Bair of Ontario, California.
(5) Fifth award.--Fifth award, for completion of at least
100 qualifying combat missions, to the following members and
former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs, Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) Sixth award.--Sixth award, for completion of at least
120 qualifying combat missions, to Richard L. Murray of
Dallas, Texas.
SEC. 543. MILITARY PERSONNEL STALKING PUNISHMENT AND
PREVENTION ACT OF 1996.
(a) Short Title.--This section may be cited as the
``Military Personnel Stalking Punishment and Prevention Act
of 1996''.
(b) In General.--Title 18, United States Code, is amended
by inserting after section 2261 the following:
``Sec. 2261A. Stalking of members of the Armed Forces of the
United States
``(a) In General.--Whoever, within the special maritime and
territorial jurisdiction of the United States or in the
course of interstate travel, with the intent to injure or
harass any military person, places that military person in
reasonable fear of the death of, or serious bodily injury to,
that military person or a member of the immediate family of
that military person shall be punished as provided in section
2261.
``(b) Definitions.--For purposes of this section--
``(1) the term `immediate family' has the same meaning as
in section 115; and
``(2) the term `military person' means--
``(A) any member of the Armed Forces of the United States
(including a member of any reserve component); and
``(B) any member of the immediate family of a person
described in subparagraph (A).''.
(c) Conforming Amendments.--
(1) Section 2261(b) of title 18, United States Code, is
amended by inserting ``or section 2261A'' after ``this
section''.
(2) Sections 2261(b) and 2262(b) of title 18, United States
Code, are each amended by striking ``offender's spouse or
intimate partner'' each place it appears and inserting
``victim''.
(3) The chapter heading for chapter 110A of title 18,
United States Code, is amended by inserting ``AND STALKING''
after ``VIOLENCE''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 110A of title 18, United States Code, is
amended by inserting after the item relating to section 2261
the following new item:
``2261A. Stalking of members of the Armed Forces of the United
States.''.
(e) Effective Date.--This section and the amendments made
by this section shall take effect on the day after the date
of enactment of this Act.
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--
[[Page S7550]]
``(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 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.
[[Page S7551]]
(E) A discussion of how to ensure fairness and equitable
treatment of residents and of 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.''.
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 S7552]]
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 S7553]]
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).
(f) Expiration of Authority.--The authority to pay
annuities under this section shall expire on September 30,
2001.
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''.
SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY
WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE
RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--
(1) In general.--Subsection (c) of section 8332 of title 5,
United States Code, is amended by adding at the end the
following:
``(4) If an employee or Member waives retired pay that is
subject to a court order for which there has been effective
service on the Secretary concerned for purposes of section
1408 of title 10, the military service on which the retired
pay is based may be credited as service for purposes of this
subchapter only if, in accordance with regulations prescribed
by the Director of the Office of Personnel Management, the
employee or Member authorizes the Director to deduct and
withhold from the annuity payable to the employee or Member
under this subchapter, and to pay to the former spouse
covered by the court order, the same amount that would have
been deducted and withheld from the employee's or Member's
retired pay and paid to that former spouse under such section
1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended by striking ``Except as provided in paragraph
(2)'' and inserting ``Except as provided in paragraphs (2)
and (4)''.
(b) Federal Employees' Retirement System.--
(1) In general.--Subsection (c) of section 8411 of title 5,
United States Code, is amended by adding at the end the
following:
``(5) If an employee or Member waives retired pay that is
subject to a court order for which there has been effective
service on the Secretary concerned for purposes of section
1408 of title 10, the military service on which the retired
pay is based may be credited as service for purposes of this
chapter only if, in accordance with regulations prescribed by
the Director of the Office of Personnel Management, the
employee or Member authorizes the Director to deduct and
withhold from the annuity payable to the employee or Member
under this subchapter, and to pay to the former spouse
covered by the court order, the same amount that would have
been deducted and withheld from the employee's or Member's
retired pay and paid to that former spouse under such section
1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended by striking ``Except as provided in paragraph (2)
or (3)'' and inserting ``Except as provided in paragraphs
(2), (3), and (5)''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on January 1, 1997.
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--
[[Page S7554]]
(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.
SEC. 643. PAYMENT TO VIETNAMESE COMMANDOS CAPTURED AND
INTERNED BY NORTH VIETNAM.
(a) Payment Authorized.--(1) The Secretary of Defense shall
make a payment to any person who demonstrates that he or she
was captured and incarcerated by the Democratic Republic of
Vietnam after having entered into the territory of the
Democratic Republic of Vietnam pursuant to operations
conducted under OPLAN 34A or its predecessor.
(2) No payment may be made under this section to any
individual who the Secretary of Defense determines, based on
the available evidence, served in the Peoples Army of Vietnam
or who provided active assistance to the Government of the
Democratic Republic of Vietnam during the period 1958 through
1975.
(3) In the case of a decedent who would have been eligible
for a payment under this section if the decedent had lived,
the payment shall be made to survivors of the decedent in the
order in which the survivors are listed, as follows:
(A) To the surviving spouse.
(B) If there is no surviving spouse, to the surviving
children (including natural children and adopted children) of
the decedent, in equal shares.
(b) Amount Payable.--The amount payable to or with respect
to a person under this section is $40,000.
(c) Time Limitations.--(1) In order to be eligible for
payment under this section, the claimant must file his or her
claim with the Secretary of Defense within 18 months of the
effective date of the regulations implementing this section.
(2) Not later than 18 months after the Secretary receives a
claim for payment under this section--
(A) the claimant's eligibility for payment of the claim
under subsection (a) shall be determined; and
(B) if the claimant is determined eligible, the claim shall
be paid.
(d) Determination and Payment of Claims.--(1) Submission
and determination of claims.--The Secretary of Defense shall
establish by regulation procedures whereby individuals may
submit claims for payment under this section. Such
regulations shall be issued within 6 months of the date of
enactment of this Act.
(2) Payment of claims.--The Secretary of Defense, in
consultation with the other affected agencies, may establish
guidelines for determining what constitutes adequate
documentation that an individual was captured and
incarcerated by the Democratic Republic of Vietnam after
having entered the territory of the Democratic Republic of
Vietnam pursuant to operations conducted under OPLAN 34A or
its predecessor.
(e) Authorization of Appropriations.--Of the total amount
authorized to be appropriated under section 301, $20,000,000
is available for payments under this section. Notwithstanding
section 301, that amount is authorized to be appropriated so
as to remain available until expended.
(f) Payment in Full Satisfaction of Claims Against the
United States.--The acceptance of payment by an individual
under this section shall be in full satisfaction of all
claims by or on behalf of that individual against the United
States arising from operations under OPLAN 34A or its
predecessor.
(g) Attorney Fees.--Notwithstanding any contract, the
representative of an individual may not receive, for services
rendered in connection with the claim of an individual under
this section, more than ten percent of a payment made under
this section on such claim.
(h) No Right to Judicial Review.--All determinations by the
Secretary of Defense pursuant to this section are final and
conclusive, notwithstanding any other provision of law.
Claimants under this program have no right to judicial
review, and such review is specifically precluded.
(i) Reports.--(1) No later than 24 months after the
enactment of this Act, the Secretary of Defense shall submit
a report to the Congress on the payment of claims pursuant to
this section.
(2) No later than 42 months after the enactment of this
Act, the Secretary of Defense shall submit a final report to
the Congress on the payment of claims pursuant to this
section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--General
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 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--
[[Page S7555]]
(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. 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. 705. 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. 706. 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.
SEC. 707. RESTORATION OF PREVIOUS POLICY REGARDING
RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE
MEDICAL FACILITIES.
Section 1093 of title 10, United States Code, is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Restriction on
Use of Funds.--''.
SEC. 708. PLANS FOR MEDICARE SUBVENTION DEMONSTRATION
PROGRAMS.
(a) Program for Enrollment in TRICARE Managed Care
Option.--(1) Not later than September 6, 1996, the Secretary
of Defense and the Secretary of Health and Human Services
shall jointly submit to Congress and the President a report
that sets forth a specific plan and the Secretaries'
recommendations regarding the establishment of a
demonstration program under which--
(A) military retirees who are eligible for medicare are
permitted to enroll in the managed care option of the Tricare
program; and
(B) the Secretary of Health and Human Services reimburses
the Secretary of Defense from the medicare program on a
capitated basis for the costs of providing health care
services to military retirees who enroll.
(2) The report shall include the following:
(A) The number of military retirees projected to
participate in the demonstration program and the minimum
number of such participants necessary to conduct the
demonstration program effectively.
(B) A plan for notifying military retirees of their
eligibility for enrollment in the demonstration program and
for any other matters connected with enrollment.
(C) A recommendation for the duration of the demonstration
program.
(D) A recommendation for the geographic regions in which
the demonstration program should be conducted.
(E) The appropriate level of capitated reimbursement, and a
schedule for such reimbursement, from the medicare program to
the Department of Defense for health care services provided
enrollees in the demonstration program.
(F) An estimate of the amounts to be allocated by the
Department for the provision of health care services to
military retirees eligible for medicare in the regions in
which the demonstration program is proposed to be conducted
in the absence of the program and an assessment of revisions
to such allocation that would result from the conduct of the
program.
(G) An estimate of the cost to the Department and to the
medicare program of providing health care services to
medicare eligible military retirees who enroll in the
demonstration program.
(H) An assessment of the likelihood of cost shifting among
the Department and the medicare program under the
demonstration program.
(I) A proposal for mechanisms for reconciling and
reimbursing any improper payments among the Department and
the medicare program under the demonstration program.
(J) A methodology for evaluating the demonstration program,
including cost analyses.
(K) As assessment of the extent to which the Tricare
program is prepared to meet requirements of the medicare
program for purposes of the demonstration program and the
provisions of law or regulation that would have to be waived
in order to facilitate the carrying out of the demonstration
program.
(L) An assessment of the impact of the demonstration
program on military readiness.
(M) Contingency plans for the provision of health care
services under the demonstration program in the event of the
mobilization of health care personnel.
(N) A recommendation of the reports that the Department and
the Department of Health and Human Services should submit to
Congress describing the conduct of the demonstration program.
(b) Feasability Study for Program for Enrollment in TRICARE
Fee-For-Service Option.--Not later than January 3, 1997, the
Secretary of Defense and the Secretary of Health and Human
Services shall jointly submit to Congress and the President a
report on the feasibility and advisability of expanding the
demonstration program referred to in subsection (a) so as to
provide the Department with reimbursement from the medicare
program on a fee-for-service basis for health care services
provided medicare-eligible military retirees who enroll in
the demonstration program. The report shall include a
proposal for the expansion of the program if the expansion is
determined to be advisable.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated in section 301, $75,000,000
shall be made available to carry out the demonstration
program referred to in subsection (a) if Congress authorizes
the program by the end of the Second Session of the One
Hundred Fourth Congress.
[[Page S7556]]
SEC. 709. RESEARCH AND BENEFITS RELATING TO GULF WAR SERVICE.
(a) Research.--(1) The Secretary of Defense shall, by
contract, grant, or other transaction, provide for scientific
research to be carried out by entities independent of the
Federal Government on possible causal relationships between
the complex of illnesses and symptoms commonly known as
``Gulf War syndrome'' and the possible exposures of members
of the Armed Forces to chemical warfare agents or other
hazardous materials during Gulf War service.
(2) The Secretary shall prescribe the procedures for making
awards under paragraph (1). The procedures shall--
(A) include a comprehensive, independent peer-review
process for the evaluation of proposals for scientific
research that are submitted to the Department of Defense; and
(B) provide for the final selection of proposals for award
to be based on the scientific merit and program relevance of
the proposed research.
(3) Of the amount authorized to be appropriated under
section 301(19), $10,000,000 is available for research under
paragraph (1).
(b) Health Care Benefits for Afflicted Children of Gulf War
Veterans.--(1) Under regulations prescribed by the Secretary
of Defense, any child of a Gulf War veteran who has been born
after August 2, 1990, and has a congenital defect or
catastrophic illness not excluded from coverage under
paragraph (2) is eligible for medical and dental care under
chapter 55 of title 10, United States Code, for the
congenital defect or catastrophic illness, and associated
conditions, of the child.
(2) The administering Secretaries may exclude from coverage
under this subsection--
(A) any congenital defect or catastrophic illness that, as
determined by the Secretary of Defense to a reasonable degree
of scientific certainty on the basis of scientific research,
is not a defect or catastrophic illness that can result in a
child from an exposure of a parent of the child to a chemical
warfare agent or other hazardous material to which members of
the Armed Forces might have been exposed during Gulf War
service; and
(B) a particular congenital defect or catastrophic illness
(and any associated condition) of a particular child if the
onset of the defect or illness is determined to have preceded
any possible exposure of the parent or parents of the child
to a chemical warfare agent or other hazardous material
during Gulf War service.
(3) No fee, deductible, or copayment requirement may be
imposed or enforced for medical or dental care provided under
chapter 55 of title 10, United States Code, in the case of a
child who is eligible for such care under this subsection
(even if the child would otherwise be subject to such a
requirement on the basis of any eligibility for such care
that the child also has under any provision of law other than
this subsection).
(c) Definitions.--(1) In this section:
(A) The term ``Gulf War veteran'' means a veteran of Gulf
War service.
(B) The term ``Gulf War service'' means service on active
duty as a member of the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War.
(C) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.
(D) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(E) The term ``child'' means a natural child.
(2) The Secretary of Defense shall prescribe in regulations
a definition of the terms ``congenital defect'' and
``catastrophic illness'' for the purposes of this section.
SEC. 710. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND
PROSTATE CANCER.
(a) Members and Former Members.--(1) Section 1074d of title
10, United States Code, is amended--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Female''; and
(ii) by adding at the end the following new paragraph:
``(2) Male members and former members of the uniformed
services entitled to medical care under section 1074 or 1074a
of this title shall also be entitled to preventive health
care screening for colon or prostate cancer at such intervals
and using such screening methods as the administering
Secretaries consider appropriate.''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(8) Colon cancer screening, at the intervals and using
the screening methods prescribed under subsection (a)(2).''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 1074d. Primary and preventive health care services
(B) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1074d. Primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is
amended by adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer, at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this
title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
Subtitle B--Uniformed Services Treatment Facilities
SEC. 721. DEFINITIONS.
In this subtitle:
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary of Transportation, and
the Secretary of Health and Human Services.
(2) The term ``agreement'' means the agreement required
under section 722(b) between the Secretary of Defense and a
designated provider.
(3) The term ``capitation payment'' means an actuarially
sound payment for a defined set of health care services that
is established on a per enrollee per month basis.
(4) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, other than
a beneficiary under section 1074(a) of such title.
(5) The term ``designated provider'' means a public or
nonprofit private entity that was a transferee of a Public
Health Service hospital or other station under section 987 of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
35; 95 Stat. 603) and that, before the date of the enactment
of this Act, was deemed to be a facility of the uniformed
services for the purposes of chapter 55 of title 10, United
States Code. The term includes any legal successor in
interest of the transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the TRICARE
PRIME option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes
the competitive selection of contractors to financially
underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed
Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED
SERVICES HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system
of the uniformed services shall include the designated
providers.
(b) Agreements to Provide Managed Health Care Services.--
(1) After consultation with the other administering
Secretaries, the Secretary of Defense shall negotiate and
enter into an agreement with each designated provider, under
which the designated provider will provide managed health
care services to covered beneficiaries who enroll with the
designated provider.
(2) The agreement shall be entered into on a sole source
basis. The Federal Acquisition Regulation, except for those
requirements regarding competition, issued pursuant to
section 25(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 421(c)) shall apply to the agreements as
acquisitions of commercial items.
(3) The implementation of an agreement is subject to
availability of funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier
effective date is agreed upon by the Secretary and the
designated provider, the agreement shall take effect upon the
later of the following:
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider
whose service area includes Seattle, Washington, shall
implement its agreement as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation
Agreements.--The Secretary shall extend the participation
agreement of a designated provider in effect immediately
before the date of the enactment of this Act under section
718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1587) until the
agreement required by this section takes effect under
subsection (c).
(e) Service Area.--The Secretary may not reduce the size of
the service area of a designated provider below the size of
the service area in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1)
Unless otherwise agreed upon by the Secretary and a
designated provider, the designated provider shall comply
with necessary and appropriate administrative requirements
established by the Secretary for other providers of health
care services and requirements established by the Secretary
of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C.
1395mm). The Secretary and the designated provider shall
determine and apply only such administrative requirements as
are minimally necessary and appropriate. A designated
provider shall not be required to comply with a law or
regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than
five percent of its primary
[[Page S7557]]
care enrollment without the approval of the Secretary, except
in the case of primary care contracts between a designated
provider and a primary care contractor in force on the date
of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED
PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall
offer to enrollees the health benefit option prescribed and
implemented by the Secretary under section 731 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 1073 note), including
accompanying cost-sharing requirements.
(b) Time for Implementation of Benefit.--A designated
provider shall offer the health benefit option described in
subsection (a) to enrollees upon the later of the following:
(1) The date on which health care services within the
health care delivery system of the uniformed services are
rendered through the TRICARE program in the region in which
the designated provider operates.
(2) October 1, 1996.
(c) Adjustments.--The Secretary may establish a later date
under subsection (b)(2) or prescribe reduced cost-sharing
requirements for enrollees.
SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.
(a) Fiscal Year 1997 Limitation.--(1) During fiscal year
1997, the number of covered beneficiaries who are enrolled in
managed care plans offered by designated providers may not
exceed the number of such enrollees as of October 1, 1995.
(2) The Secretary may waive the limitation under paragraph
(1) if the Secretary determines that additional enrollment
authority for a designated provider is required to
accommodate covered beneficiaries who are dependents of
members of the uniformed services entitled to health care
under section 1074(a) of title 10, United States Code.
(b) Permanent Limitation.--For each fiscal year after
fiscal year 1997, the number of enrollees in managed care
plans offered by designated providers may not exceed 110
percent of the number of such enrollees as of the first day
of the immediately preceding fiscal year. The Secretary may
waive this limitation as provided in subsection (a)(2).
(c) Retention of Current Enrollees.--An enrollee in the
managed care program of a designated provider as of September
30, 1997, or such earlier date as the designated provider and
the Secretary may agree upon, shall continue receiving
services from the designated provider pursuant to the
agreement entered into under section 722 unless the enrollee
disenrolls from the designated provider. Except as provided
in subsection (e), the administering Secretaries may not
disenroll such an enrollee unless the disenrollment is agreed
to by the Secretary and the designated provider.
(d) Additional Enrollment Authority.--Other covered
beneficiaries may also receive health care services from a
designated provider, except that the designated provider may
market such services to, and enroll, only those covered
beneficiaries who--
(1) do not have other primary health insurance coverage
(other than medicare coverage) covering basic primary care
and inpatient and outpatient services; or
(2) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered
beneficiaries were users of the health care delivery system
of the uniformed services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a
covered beneficiary who desires to enroll in the managed care
program of a designated provider is also entitled to hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.), the covered
beneficiary shall elect whether to receive health care
services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee
who subsequently violates the election made under this
subsection and receives benefits under part A of title XVIII
of the Social Security Act.
(f) Information Regarding Eligible Covered Beneficiaries.--
The Secretary shall provide, in a timely manner, a designated
provider with an accurate list of covered beneficiaries
within the marketing area of the designated provider to whom
the designated provider may offer enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection
(b), the Secretary shall require a private facility or health
care provider that is a health care provider under the
Civilian Health and Medical Program of the Uniformed Services
to apply the payment rules described in section 1074(c) of
title 10, United States Code, in imposing charges for health
care that the private facility or provider provides to
enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed
under subsection (a) shall be subject to such modifications
as the Secretary considers appropriate. The Secretary may
authorize a lower rate than the maximum rate that would
otherwise apply under subsection (a) if the lower rate is
agreed to by the designated provider and the private facility
or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations
to implement this section after consultation with the other
administering Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United
States Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the
Secretary and a designated provider, the form of payment for
services provided by a designated provider shall be full risk
capitation. The capitation payments shall be negotiated and
agreed upon by the Secretary and the designated provider. In
addition to such other factors as the parties may agree to
apply, the capitation payments shall be based on the
utilization experience of enrollees and competitive market
rates for equivalent health care services for a comparable
population to such enrollees in the area in which the
designated provider is located.
(b) Limitation on Total Payments.--Total capitation
payments to a designated provider shall not exceed an amount
equal to the cost that would have been incurred by the
Government if the enrollees had received their care through a
military treatment facility, the TRICARE program, or the
medicare program, as the case may be.
(c) Establishment of Payment Rates on Annual Basis.--The
Secretary and a designated provider shall establish
capitation payments on an annual basis, subject to periodic
review for actuarial soundness and to adjustment for any
adverse or favorable selection reasonably anticipated to
result from the design of the program.
(d) Alternative Basis for Calculating Payments.--After
September 30, 1999, the Secretary and a designated provider
may mutually agree upon a new basis for calculating
capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization
Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c
note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c
note).
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997.
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), $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
[[Page S7558]]
(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 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.
[[Page S7559]]
(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.
SEC. 810. RESEARCH UNDER TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS.
(a) Conditions for Use of Authority.--Subsection (e) of
section 2371 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (A), as so redesignated;
(3) by striking out ``; and'' at the end of subparagraph
(B), as so redesignated, and inserting in lieu thereof a
period;
(4) by inserting ``(1)'' after ``(e) Conditions.--''; and
(5) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(2) A cooperative agreement containing a clause under
subsection (d) or a transaction authorized under subsection
(a) may be used for a research project when the use of a
standard contract, grant, or cooperative agreement for such
project is not feasible or appropriate.''.
(b) Revised Requirement for Annual Report.--Section 2371 of
such title is amended by striking out subsection (h) and
inserting in lieu thereof the following:
``(h) Annual Report.--(1) Not later than 90 days after the
end of each fiscal 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 on Department of Defense use during
such fiscal year of--
``(A) cooperative agreements authorized under section 2358
of this title that contain a clause under subsection (d); and
``(B) transactions authorized under subsection (a).
``(2) The report shall include, with respect to the
cooperative agreements and other transactions covered by the
report, the following:
``(A) The technology areas in which research projects were
conducted under such agreements or other transactions.
``(B) The extent of the cost-sharing among Federal
Government and non-Federal sources.
``(C) The extent to which the use of the cooperative
agreements and other transactions--
``(i) has contributed to a broadening of the technology and
industrial base available for meeting Department of Defense
needs; and
``(ii) has fostered within the technology and industrial
base new relationships and practices that support the
national security of the United States.
``(D) The total amount of payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause described in
subsection (d) that was included in the cooperative
agreements and transactions, and the amount of such payments,
if any, that were credited to each account established under
subsection (f).''.
(c) Protection of Certain Information From Disclosure.--
Such section, as amended by subsection (b), is further
amended by inserting after subsection (h) the following:
``(i) Protection of Certain Information From Disclosure.--
(1) Disclosure of information described in paragraph (2) is
not required, and may not be compelled, under section 552 of
title 5 for five years after the date on which the
information is received by the Department of Defense.
``(2) Paragraph (1) applies to the following information in
the records of the Department of Defense if the information
was submitted to the department in a competitive or
noncompetitive process having the potential for resulting in
an award, to the submitters, of a cooperative agreement that
includes a clause described in subsection (d) or other
transaction authorized under subsection (a):
``(A) Proposals, proposal abstracts, and supporting
documents.
``(B) Business plans submitted on a confidential basis.
``(C) Technical information submitted on a confidential
basis.''.
(d) Division of Section Into Distinct Provisions by Subject
Matter.--(1) Chapter 139 of title 10, United States Code, is
amended--
(A) by inserting before the last subsection of section 2371
(relating to cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980)
the following:
``Sec. 2371a. Cooperative research and development agreements
under Stevenson-Wydler Technology Innovation Act of 1980'';
(B) by striking out ``(i) Cooperative Research and
Development Agreements Under Stevenson-Wydler Technology
Innovation Act of 1980.--''; and
(C) in the table of sections at the beginning of such
chapter, by inserting after the item relating to section 2371
the following:
``2371a. Cooperative research and development agreements under
Stevenson-Wydler Technology Innovation Act of 1980.''.
(2) Section 2358(d) of such title is amended by striking
out ``section 2371'' and inserting in lieu thereof ``sections
2371 and 2371a''.
SEC. 811. REPORTING REQUIREMENT UNDER DEMONSTRATION PROJECT
FOR PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC
WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820) is
amended by striking out ``1996'' and inserting in lieu
thereof ``1998''.
SEC. 812. TEST PROGRAMS FOR MODERNIZATION-THROUGH-SPARES.
Not later than 60 days after the date of enactment of this
Act, the Secretary of the Army shall report to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives on the steps he has
taken to ensure that each program included in the Army's
modernization-through-spares program is conducted in
accordance with--
(1) the competition requirements in section 2304 of title
10;
(2) the core logistics requirements in section 2464 of
title 10;
(3) the public-private competition requirements in section
2469 of title 10; and
(4) requirements relating to contract bundling and spare
parts breakout in sections 15(a) and 15(l) of the Small
Business Act (15 U.S.C. 644) and implementing regulations in
the Defense FAR Supplement.
SEC. 813. PILOT PROGRAM FOR TRANSFER OF DEFENSE TECHNOLOGY
INFORMATION TO PRIVATE INDUSTRY.
(a) Program Required.--The Secretary of Defense shall carry
out a pilot program to demonstrate online transfers of
information on defense technologies to businesses in the
private sector through an interactive data network involving
Small Business Development Centers of institutions of higher
education.
(b) Computerized Data Base of Defense Technologies.--(1)
Under the pilot program, the Secretary shall enter into an
agreement with the head of an eligible institution of higher
education that provides for such institution--
(A) to develop and maintain a computerized data base of
information on defense technologies;
(B) to make such information available online to--
(i) businesses; and
(ii) other institutions of higher education entering into
partnerships with the Secretary under subsection (c).
(2) The online accessibility may be established by means of
any of, or any combination of, the following:
(A) Digital teleconferencing.
(B) International Signal Digital Network lines.
[[Page S7560]]
(C) Direct modem hookup.
(c) Partnership Network.--Under the pilot program, the
Secretary shall seek to enter into agreements with the heads
of several eligible institutions of higher education having
strong business education programs to provide for the
institutions of higher education entering into such
agreements--
(1) to establish interactive computer links with the data
base developed and maintained under subsection (b); and
(2) to assist the Secretary in making information on
defense technologies available online to the broadest
practicable number, types, and sizes of businesses.
(d) Eligible Institutions.--For the purposes of this
section, an institution of higher education is eligible to
enter into an agreement under subsection (b) or (c) if the
institution has a Small Business Development Center.
(e) Defense Technologies Covered.--(1) The Secretary shall
designate the technologies to be covered by the pilot program
from among the existing and experimental technologies that
the Secretary determines--
(A) are useful in meeting Department of Defense needs; and
(B) should be made available under the pilot program to
facilitate the satisfaction of such needs by private sector
sources.
(2) Technologies covered by the program should include
technologies useful for defense purposes that can also be
used for nondefense purposes (without or without
modification).
(f) Definitions.--In this section:
(1) The term ``Small Business Development Center'' means a
small business development center established pursuant to
section 21 of the Small Business Act (15 U.S.C. 648).
(2) The term ``defense technology'' means a technology
designated by the Secretary of Defense under subsection (d).
(3) The term ``partnership'' means an agreement entered
into under subsection (c).
(g) Termination of Pilot Program.--The pilot program shall
terminate one year after the Secretary enters into an
agreement under subsection (b).
(h) Authorization of Appropriations.--Of the amount
authorized to be appropriated under section 201(4) for
university research initiatives, $3,000,000 is available for
the pilot program.
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. 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, for the Secretary's consideration, 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:
[[Page S7561]]
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.''.
SEC. 907. MATTERS TO BE CONSIDERED IN NEXT ASSESSMENT OF
CURRENT MISSIONS, RESPONSIBILITIES, AND FORCE
STRUCTURE OF THE UNIFIED COMBATANT COMMANDS.
The Chairman of the Joint Chiefs of Staff shall consider,
as part of the next periodic review of the missions,
responsibilities, and force structure of the unified
combatant commands under section 161(b) of title 10, United
States Code, the following matters:
(1) For each Area of Responsibility of the regional unified
combatant commands--
(A) the foremost threats to United States or allied
security in the near- and long-term;
(B) the total area of ocean and total area of land
encompassed; and
(C) the number of countries and total population
encompassed.
(2) Whether any one Area of Responsibility encompasses a
disproportionately high or low share of threats, mission
requirements, land or ocean area, number of countries, or
population.
(3) The other factors used to establish the current Areas
of Responsibility.
(4) Whether any of the factors addressed under paragraph
(3) account for any apparent imbalances indicated in the
response to paragraph (2).
(5) Whether, in light of recent reductions in the overall
force structure of the Armed Forces, the United States could
better execute its warfighting plans with fewer unified
combatant commands, including--
(A) a total of five or fewer commands, all of which are
regional;
(B) an eastward-oriented command, a westward-oriented
command, and a central command; or
(C) a purely functional command structure, involving (for
example) a first theater command, a second theater command, a
logistics command, a special contingencies command, and a
strategic command.
(6) Whether any missions, staff, facilities, equipment,
training programs, or other assets or activities of the
unified combatant commands are redundant.
(7) Whether warfighting requirements are adequate to
justify the current functional commands.
(8) Whether the exclusion of Russia from a specific Area of
Responsibility presents any difficulties for the unified
combatant commands with respect to contingency planning for
that area and its periphery.
(9) Whether the current geographic boundary between the
Central Command and the European Command through the Middle
East could create command conflicts in the context of
fighting a major regional conflict in the Middle East.
SEC. 908. ACTIONS TO LIMIT ADVERSE EFFECTS OF ESTABLISHMENT
OF NATIONAL MISSILE DEFENSE JOINT PROGRAM
OFFICE ON PRIVATE SECTOR EMPLOYMENT.
The Director of the Ballistic Missile Defense Organization
shall take such actions as are necessary in connection with
the establishment of the National Missile Defense Joint
Program Office to ensure that the establishment of that
office does not make it necessary for a Federal Government
contractor to reduce the number of persons employed by the
contractor for supporting the national missile defense
development program at any particular location outside the
National Capital Region (as defined in section 2674(f)(2) of
title 10, United States Code).
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. 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 and has significant national missions.
``(b) Director.--(1) The Director of the National Imagery
and Mapping Agency is the head 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 position 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.
``(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.--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
[[Page S7562]]
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. 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 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
[[Page S7563]]
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 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,
[[Page S7564]]
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) 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.''.
(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 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) 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
[[Page S7565]]
(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 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.
[[Page S7566]]
(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.''.
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:
(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 carrying out or supporting
activities described in such subsection (e)(5), including any
nonlethal, individual or small-team landmine cleaning
equipment or supplies that are to be transferred or otherwise
furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(C) The cost of any equipment, services, or supplies
provided pursuant to subparagraph (B) may not exceed
$5,000,000 each year.''.
SEC. 1007. 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. 1008. 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. 1009. 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:
[[Page S7567]]
``(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.
``(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. 1010. 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. 1011. 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, if the Secretary determines that the
tugboats are not needed for transfer, donation, or other
disposal under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
A transfer made under the preceding sentence 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.
[[Page S7568]]
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
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).
SEC. 1025. SENSE OF THE SENATE CONCERNING USS LCS 102 (LSSL
102).
It is the sense of the Senate that the Secretary of Defense
should use existing authorities in law to seek the
expeditious return, upon completion of service, of the former
USS LCS 102 (LSSL 102) from the Government of Thailand in
order for the ship to be transferred to the United States
Shipbuilding Museum in Quincy, Massachusetts.
Subtitle C--Counter-Drug Activities
SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Authority To Provide Additional Support.--Subject to
subsections (e) and (f), 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.
(e) Limitations.--(1) The Secretary may not obligate or
expend funds to provide support under this section until 15
days after the date on which the Secretary submits to the
committees referred to in paragraph (3) the certification
described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
written certification of the following:
(A) That the provision of support under this section will
not adversely affect the military preparedness of the United
States Armed Forces.
(B) That the equipment and materiel provided as support
will be used only by officials and employees of the
Government of Mexico who have undergone a background check by
that government.
(C) That the Government of Mexico has certified to the
Secretary that--
(i) the equipment and material provided as support will be
used only by the officials and employees referred to in
subparagraph (B);
(ii) none of the equipment or materiel will be transferred
(by sale, gift, or otherwise) to any person or entity not
authorized by the United States to receive the equipment or
materiel; and
(iii) the equipment and materiel will be used only for the
purposes intended by the United States Government.
(D) That the Government of Mexico has implemented, to the
satisfaction of the Secretary, a system that will provide an
accounting and inventory of the equipment and materiel
provided as support.
(E) That the departments, agencies, and instrumentalities
of the Government of Mexico will grant United States
Government personnel unrestricted access to any of the
equipment or materiel provided as support, or to any of the
records relating to such equipment or materiel, under terms
and conditions similar to the terms and conditions imposed
with respect to such access under section 505(a)(3) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
(F) That the Government of Mexico will provide security
with respect to the equipment and materiel provided as
support that is equivalent to the security that the United
States Government would provide with respect to such
equipment and materiel.
(G) That the Government of Mexico will permit continuous
observation and review by United States Government personnel
of the use of the equipment and materiel provided as support
under terms and conditions similar to the terms and
conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314(a)(3)).
(3) The committees referred to in this paragraph are the
following:
(A) The Committees on Armed Services and Foreign Relations
of the Senate.
(B) The Committees on National Security and International
Relations of the House of Representatives.
(f) Prohibition on Provision of Certain Military
Equipment.--The Secretary may not provide as support under
this section--
(1) any article of military equipment for which special
export controls are warranted because of the substantial
military utility or capability of such equipment;
(2) any military equipment identified on the United States
Munitions List; or
(3) any of the following military equipment (whether or not
the equipment has been equipped, re-equipped, or modified for
military operations):
(A) Cargo aircraft bearing ``C'' designations, including
aircraft with designations C-45 through C-125, C-131
aircraft, and aircraft bearing ``C'' designations that use
reciprocating engines.
(B) Trainer aircraft bearing ``T'' designations, including
aircraft bearing such designations that use reciprocating
engines or turboprop engines delivering less than 600
horsepower.
(C) Utility aircraft bearing ``U'' designations, including
UH-1 aircraft and UH/EH-60 aircraft and aircraft bearing such
designations that use reciprocating engines.
(D) Liaison aircraft bearing ``L'' designations.
(E) Observation aircraft bearing ``O'' designations,
including OH-58 aircraft and aircraft bearing such
designations that use reciprocating engines.
(F) Truck, tractors, trailers, and vans, including all
vehicles bearing ``M'' designations.
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
[[Page S7569]]
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 COUNTERPROLIFERATION 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''.
SEC. 1044. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED
SATELLITE IMAGERY RELATING TO ISRAEL AND OTHER
COUNTRIES AND AREAS.
(a) Collection and Dissemination.--No department or agency
of the Federal Government may license the collection or
dissemination by any non-Federal entity of satellite imagery
with respect to Israel, or to any other country or geographic
area designated by the President for this purpose, unless
such imagery is no more detailed or precise than satellite
imagery of the country or geographic area concerned that is
routinely available from commercial sources.
(b) Declassification and Release.--No department or agency
of the Federal Government may declassify or otherwise release
satellite imagery with respect to Israel, or to any other
country or geographic area designated by the President for
this purpose, unless such imagery is no more detailed or
precise than satellite imagery of the country or geographic
area concerned that is routinely available from commercial
sources.
SEC. 1045. DEFENSE BURDENSHARING.
(a) Findings.--Congress makes the following findings:
(1) The United States continues to spend billions of
dollars to promote regional security and to make preparations
for regional contingencies.
(2) United States defense expenditures promote United
States national security interests; however, they also
significantly contribute to the defense of our allies.
(3) In 1993, the gross domestic product of the United
States equaled $6,300,000,000,000, while the gross domestic
product of other NATO member countries totaled
$7,200,000,000,000.
(4) Over the course of 1993, the United States spent 4.7
percent of its gross domestic product on defense, while other
NATO members collectively spent 2.5 percent of their gross
domestic product on defense.
(5) In addition to military spending, foreign assistance
plays a vital role in the establishment and maintenance of
stability in other nations and in implementing the United
States national security strategy.
(6) This assistance has often prevented the outbreak of
conflicts which otherwise would have required costly military
interventions by the United States and our allies.
(7) From 1990-1993, the United States spent $59,000,000,000
in foreign assistance, a sum which represents an amount
greater than any other nation in the world.
(8) In 1995, the United States spent over $10,000,000,000
to promote European security, while European NATO nations
only contributed $2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and a larger
defense budget than its European NATO allies, the United
States shoulders an unfair share of the burden of the common
defense.
(10) Japan now pays over 75 percent of the nonpersonnel
costs incurred by United States military forces permanently
assigned there, while our European allies pay for less than
25 percent of these same costs. Japan signed a new Special
Measures Agreement this year which will increase Japan's
contribution toward the cost of stationing United States
troops in Japan by approximately $30,000,000 a year over the
next five years.
(11) These increased contributions help to rectify the
imbalance in the burden shouldered by the United States for
the common defense.
(12) The relative share of the burden of the common defense
still falls too heavily on the United States, and our allies
should dedicate more of their own resources to defending
themselves.
(b) Efforts To Increase Allied Burdensharing.--The
President shall seek to have each nation that has cooperative
military relations with the United States (including security
agreements, basing arrangements, or mutual participation in
multinational military organizations or operations) take one
or more of the following actions:
(1) Increase its financial contributions to the payment of
the nonpersonnel costs incurred by the United States
Government for stationing United States military personnel in
that nation, with a goal of achieving the following
percentages of such costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation under
this paragraph may include the elimination of taxes, fees, or
other charges levied on United States military personnel,
equipment, or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic
stabilization, transparency arrangements, defense economic
[[Page S7570]]
conversion, respect for the rule of law, and internationally
recognized human rights) by 10 percent or at least to a level
commensurate to that of the United States by September 30,
1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(c) Authorities to Encourage Actions by United States
Allies.--In seeking the actions described in subsection (b)
with respect to any nation, or in response to a failure by
any nation to undertake one or more of such actions, the
President may take any of the following measures:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation taxes, fees, or other charges
similar to those that such nation imposes on United States
forces stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United
States bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied
Burdensharing.--Not later than March 1, 1997, the Secretary
of Defense shall submit to Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in subsection (c), to achieve the actions
described in subsection (b); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Report on National Security Bases for Forward
Deployment and Burdensharing Relationships.--(1) In order to
ensure the best allocation of budgetary resources, the
President shall undertake a review of the status of elements
of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include
an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the
rule of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the
review under paragraph (1). The report shall be submitted not
later than March 1, 1997, in classified and unclassified
form.
SEC. 1046. SENSE OF THE SENATE CONCERNING EXPORT CONTROLS.
(a) Findings.--The Senate makes the following findings:
(1) Export controls are a part of a comprehensive response
to national security threats. United States exports should be
restricted where those threats exist to national security,
nonproliferation, and foreign policy interests of the United
States.
(2) The export of certain commodities and technology may
adversely affect the national security and foreign policy of
the United States by making a significant contribution to the
military potential of individual countries or by
disseminating the capability to design, develop, test,
produce, stockpile, or use weapons of mass destruction,
missile delivery systems, and other significant military
capabilities. Therefore, the administration of export
controls should emphasize the control of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose actions
or policies run counter to United States national security or
foreign policy interests may enhance the military
capabilities of those countries, particularly their ability
to design, develop, test, produce, stockpile, use, and
deliver nuclear, chemical, and biological weapons, missile
delivery systems, and other significant military
capabilities. This enhancement threatens the security of the
United States and its allies. The availability to countries
and end users of items that contribute to military
capabilities or the proliferation of weapons of mass
destruction is a fundamental concern of the United States and
should be eliminated through deterrence, negotiations, and
other appropriate means whenever possible.
(4) The national security of the United States depends not
only on wise foreign policies and a strong defense, but also
a vibrant national economy. To be truly effective, export
controls should be applied uniformly by all suppliers.
(5) On November 5, 1995, President William J. Clinton
extended Executive Order No. 12938 regarding ``Weapons of
Mass Destruction'', and ``declared a national emergency with
respect to the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States posed by the proliferation of nuclear, biological, and
chemical weapons and the means of delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating
Commission on Multilateral Controls) has not been
established. Currently, each nation is determining
independently which dual-use military items, if any, will be
controlled for export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard to the
transfers of sensitive dual-use goods and technologies.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) establishing an international export control regime,
empowered to control exports of dual-use technology, is
critically important and should become a top priority for the
United States; and
(2) the United States should strongly encourage its allies
and friends to--
(A) adopt a commodity control list which governs the same
or similar items as are controlled by the United States
Commodity Control list;
(B) strengthen enforcement activities; and
(C) explore the use of unilateral export controls where the
possibility exists that an export could contribute to
proliferation.
SEC. 1047. REPORT ON NATO ENLARGEMENT.
(a) Report.--Not later than December 1, 1996, the President
shall transmit a report on NATO enlargement to the Committee
on Armed Services and the Committee on Foreign Relations of
the Senate and the Committee on National Security and the
Committee on International Relations of the House of
Representatives. The report shall contain a comprehensive
discussion of the following:
(1) Geopolitical and financial costs and benefits,
including financial savings, associated with--
(A) enlargement of NATO;
(B) further delays in the process of NATO enlargement; and
(C) a failure to enlarge NATO.
(2) Additional NATO and United States military expenditures
requested by prospective NATO members to facilitate their
admission into NATO.
(3) Modifications necessary in NATO's military strategy and
force structure required by the inclusion of new members and
steps necessary to integrate new members, including the role
of nuclear and conventional capabilities, reinforcement,
force deployments, prepositioning of equipment, mobility, and
headquarter locations.
(4) The relationship between NATO enlargement and
transatlantic stability and security.
(5) The state of military preparedness and interoperability
of Central and Eastern European nations as it relates to the
responsibilities of NATO membership and additional security
costs or benefits that may accrue to the United States from
NATO enlargement.
(6) The state of democracy and free market development as
it affects the preparedness of Central and Eastern European
nations for the responsibilities of NATO membership,
including civilian control of the military, the rule of law,
human rights, and parliamentary oversight.
(7) The state of relations between prospective NATO members
and their neighbors, steps taken by prospective members to
reduce tensions, and mechanisms for the peaceful resolution
of border disputes.
(8) The commitment of prospective NATO members to the
principles of the North Atlantic Treaty and the security of
the North Atlantic area.
(9) The effect of NATO enlargement on the political,
economic, and security conditions of European Partnership for
Peace nations not among the first new NATO members.
(10) The relationship between NATO enlargement and EU
enlargement and the costs and benefits of both.
(11) The relationship between NATO enlargement and treaties
relevant to United States and European security, such as the
Conventional Armed Forces in Europe Treaty.
(12) The anticipated impact both of NATO enlargement and
further delays of NATO enlargement on Russian foreign and
defense policies and the costs and benefits of a security
relationship between NATO and Russia.
[[Page S7571]]
(b) Independent Assessment.--Not later than 15 days after
enactment of this Act, the Majority Leader of the Senate and
the Speaker of the House of Representatives shall appoint a
chairman and two other Members and the Minority Leaders of
the Senate and House of Representatives shall appoint two
Members to serve on a bipartisan review group of
nongovernmental experts to conduct an independent assessment
of NATO enlargement, including a comprehensive review of the
issues in subsection (a) (1) through (12) above. The report
of the review group shall be completed no later than December
1, 1996. The Secretary of Defense shall furnish the review
group administrative and support services requested by the
review group. The expenses of the review group shall be paid
out of funds available for the payment of similar expenses
incurred by the Department of Defense.
(c) Interpretation.--Nothing in this section should be
interpreted or construed to affect the implementation of the
NATO Participation Act of 1994, as amended (Public Law 103-
447), or any other program or activity which facilitates or
assists prospective NATO members.
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, 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.
SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY BOARD.
Section 113(c) of title 10, United States Code, is
amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4) as
subparagraphs (A), (B), and (C), respectively;
(3) by inserting ``(1)'' after ``(c)'';
(4) by inserting ``and'' at the end of subparagraph (B), as
redesignated by paragraph (2); and
(5) by adding at the end the following:
``(2) At the same time that the Secretary submits the
annual report under paragraph (1), the Secretary shall
transmit to the President and Congress a separate report from
the Reserve Forces Policy Board on the reserve programs of
the Department of Defense and on any other matters that the
Reserve Forces Policy Board considers appropriate to include
in the report.''.
SEC. 1055. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND
RESERVE COMPONENTS IN FUTURE-YEARS DEFENSE
PROGRAMS.
(a) Requirement.--The Secretary of Defense shall specify in
each future-years defense program submitted to Congress after
the date of the enactment of this Act the estimated
expenditures and proposed appropriations for the procurement
of equipment and for military construction for each of the
Guard and Reserve components.
(b) Definition.--For purposes of this section, the term
``Guard and Reserve components'' means the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
(6) The Air National Guard of the United States.
SEC. 1056. REPORT ON FACILITIES USED FOR TESTING LAUNCH
VEHICLE ENGINES.
(a) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Administrator of the National
Aeronautics and Space Administration, shall submit to
Congress a report on the facilities used for testing launch
vehicle engines.
(b) Content of Report.--The report shall contain an
analysis of the duplication between Air Force and National
Aeronautics and Space Administration hydrogen rocket test
facilities and the potential benefits of further coordinating
activities at such facilities.
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
[[Page S7572]]
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''.
(c) Repeal of 13-Year Special Limit on Term of Transitional
Judge of United States Court of Appeals for the Armed
Forces.--(1) Subsection (d)(2) of section 1301 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1575; 10 U.S.C. 942 note)
is amended by striking out ``to the judges who are first
appointed to the two new positions of the court created as of
October 1, 1990--'' and all that follows and inserting in
lieu thereof ``to the judge who is first appointed to one of
the two new positions of the court created as of October 1,
1990, as designated by the President at the time of
appointment, the anniversary referred to in subparagraph (A)
of that paragraph shall be treated as being the seventh
anniversary and the number of years referred to in
subparagraph (B) of that paragraph shall be treated as being
seven.''.
(2) Subsection (e)(1) of such section is amended by
striking out ``each judge'' and inserting in lieu thereof ``a
judge''.
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'').
(d) Retention of B-52H Aircraft on Active Status.--(1) The
Secretary of the Air Force shall maintain in active status
(including the performance of standard maintenance and
upgrades) the current fleet of B-52H bomber aircraft.
(2) For purposes of carrying out upgrades of B-52H bomber
aircraft during fiscal year 1997, the Secretary shall treat
the entire current fleet of such aircraft as aircraft
expected to be maintained in active status during the five-
year period beginning on October 1, 1996.
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),''.
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
[[Page S7573]]
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 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.
[[Page S7574]]
(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''.
SEC. 1072. SENSE OF THE SENATE REGARDING THE UNITED STATES-
JAPAN SEMICONDUCTOR TRADE AGREEMENT.
(a) Findings.--The Senate makes the following findings:
(1) The United States and Japan share a long and important
bilateral relationship which serves as an anchor of peace and
stability in the Asia Pacific region, an alliance which was
reaffirmed at the recent summit meeting between President
Clinton and Prime Minister Hashimoto in Tokyo.
(2) The Japanese economy has experienced difficulty over
the past few years, demonstrating that it is no longer
possible for Japan, the world's second largest economy, to
use exports as the sole engine of economic growth, but that
the Government of Japan must promote deregulation of its
domestic economy in order to increase economic growth.
(3) Deregulation of the Japanese economy requires
government attention to the removal of barriers to imports of
manufactured goods.
(4) The United States-Japan Semiconductor Trade Agreement
has begun the process of deregulation in the semiconductor
sector and is opening the Japanese market to competitive
foreign products.
(5) The United States-Japan Semiconductor Trade Agreement
has put in place both government-to-government and industry-
to-industry mechanisms which have played a vital role in
allowing cooperation to replace conflict in this important
high technology sector.
(6) The mechanisms include joint calculation of foreign
market share, deterrence of dumping, and promotion of
industrial cooperation in the design of foreign semiconductor
devices.
(7) Because of these actions under the United States-Japan
Semiconductor Trade Agreement, the United States and Japan
today enjoy trade in semiconductors which is mutually
beneficial, harmonious, and free from the friction that once
characterized the semiconductor industry.
(8) Because of structural barriers in Japan, a gap still
remains between the share of the world market for
semiconductor products outside Japan that the United States
and other foreign semiconductor sources are able to capture
through competitiveness and the share of the Japanese
semiconductor market that the United States and those other
sources are able to capture through competitiveness, and that
gap is consistent across the full range of semiconductor
products as well as a full range of end-use applications.
(9) The competitiveness and health of the United States
semiconductor industry is of critical importance to the
overall economic well-being and high technology defense
capabilities of the United States.
(10) The economic interests of both the United States and
Japan are best served by well functioning, open markets,
deterrence of dumping, and continuing good cooperative
relationships in all sectors, including semiconductors.
(11) A strong and healthy and military and political
alliance between the United States and Japan requires
continuation of the industrial and economic cooperation
promoted by the United States-Japan Semiconductor Trade
Agreement.
(12) President Clinton has called on the Government of
Japan to agree to a continuation of a United States-Japan
Semiconductor Trade Agreement beyond the current agreement's
expiration on July 31, 1996.
(13) The Government of Japan has opposed any continuation
of a government-to-government agreement to promote
cooperation in United States-Japan semiconductor trade.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) it is regrettable that the Government of Japan has
refused to consider continuation of a government-to-
government agreement to ensure that cooperation continues in
the semiconductor sector beyond the expiration of the
Semiconductor Trade Agreement on July 31, 1996; and
(2) the President should take all necessary and appropriate
actions to ensure the continuation of a government-to-
government United States-Japan Semiconductor Trade Agreement
before the current agreement expires on that date.
(c) Definition.--As used in this section, the term ``United
States-Japan Semiconductor Trade Agreement'' refers to the
agreement between the United States and Japan concerning
trade in semiconductor products, with arrangement, done by
exchange of letters at Washington on June 11, 1991.
SEC. 1073. FOOD DONATION PILOT PROGRAM AT THE SERVICE
ACADEMIES.
(a) Program Authorized.--The Secretaries of the military
departments and the Secretary of Transportation may each
carry out a food donation pilot program at the service
academy under the jurisdiction of the Secretary.
(b) Donations and Collections of Food and Grocery
Products.--Under the pilot program, the Secretary concerned
may donate to, and permit others to collect for, a nonprofit
organization any food or grocery product that--
(1) is--
(A) an apparently wholesome food;
(B) an apparently fit grocery product; or
(C) a food or grocery product that is donated in accordance
with section 402(e) of the National and Community Service Act
of 1990 (42 U.S.C. 12672(e));
(2) is owned by the United States;
(3) is located at a service academy under the jurisdiction
of the Secretary; and
(4) is excess to the requirements of the academy.
(c) Program Commencement.--The Secretary concerned shall
commence carrying out the pilot program, if at all, during
fiscal year 1997.
(d) Applicability of Good Samaritan Food Donation Act..--
Section 402 of the National and Community Service Act of 1990
(42 U.S.C. 12672) shall apply to donations and collections of
food and grocery products under the pilot program without
regard to section 403 of such Act (42 U.S.C. 12673).
(e) Reports.--(1) Each Secretary that carries out a pilot
program at a service academy under this section shall submit
to Congress an interim report and a final report on the pilot
program.
(2) The Secretary concerned shall submit the interim report
not later than one year after the date on which the Secretary
commences the pilot program at a service academy.
(3) The Secretary concerned shall submit the final report
not later than 90 days after the Secretary completes the
pilot program at a service academy.
(4) Each report shall include the following:
(A) A description of the conduct of the pilot program.
(B) A discussion of the experience under the pilot program.
(C) An evaluation of the extent to which section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672)
has been effective in protecting the United States and others
from liabilities associated with actions taken under the
pilot program.
(D) Any recommendations for legislation to facilitate
donations or collections of excess food and grocery products
of the United States or others for nonprofit organizations.
(f) Definitions.--In this section:
(1) The term ``service academy'' means each of the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Coast Guard Academy.
(2) The term ``Secretary concerned'' means the following:
(A) The Secretary of the Army, with respect to the United
States Military Academy.
(B) The Secretary of the Navy, with respect to the United
States Naval Academy.
(C) The Secretary of the Air Force, with respect to the
United States Air Force Academy.
(D) The Secretary of Transportation, with respect to the
United States Coast Guard Academy.
(3) The terms ``apparently fit grocery product'',
``apparently wholesome food'', ``donate'', ``food'', and
``grocery product'' have the meanings given those terms in
section 402(b) of the National and Community Service Act of
1990 (42 U.S.C. 12672(b)).
SEC. 1074. DESIGNATION OF MEMORIAL AS NATIONAL D-DAY
MEMORIAL.
(a) Designation.--The memorial to be constructed by the
National D-Day Memorial Foundation in Bedford, Virginia, is
hereby designated as a national memorial to be known as the
``National D-Day Memorial''. The memorial shall serve to
honor the members of the Armed Forces of the United States
who served in the invasion of Normandy, France, in June 1944.
(b) Public Proclamation.--The President is requested and
urged to issue a public proclamation acknowledging the
designation of the memorial to be constructed by the National
D-Day Memorial Foundation in Bedford, Virginia, as the
National D-Day Memorial.
(c) Maintenance of Memorial.--All expenses for maintenance
and care of the memorial shall be paid for with non-Federal
funds, including funds provided by the National D-Day
Memorial Foundation. The United States shall not be liable
for any expense incurred for the maintenance and care of the
memorial.
[[Page S7575]]
SEC. 1075. IMPROVEMENTS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Repeal of Temporary Requirement Relating to
Employment.--Title VII of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 650),
is amended under the heading ``National Security Education
Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--Subsection (a)(1) of
section 802 of the David L. Boren National Security Education
Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C.
1902) is amended--
(1) by striking out subparagraph (A) and inserting in lieu
thereof the following new subparagraph (A):
``(A) awarding scholarships to undergraduate students who--
``(i) are United States citizens in order to enable such
students to study, for at least one academic semester or
equivalent term, in foreign countries that are critical
countries (as determined under section 803(d)(4)(A) of this
title) in those languages and study areas where deficiencies
exist (as identified in the assessments undertaken pursuant
to section 806(d) of this title); and
``(ii) pursuant to subsection (b)(2)(A) of this section,
enter into an agreement to work for, and make their language
skills available to, an agency or office of the Federal
Government or work in the field of higher education in the
area of study for which the scholarship was awarded;''; and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``relating to the national
security interests of the United States'' after
``international fields''; and
(B) in clause (ii)--
(i) by striking out ``subsection (b)(2)'' and inserting in
lieu thereof ``subsection (b)(2)(B)''; and
(ii) by striking out ``work for an agency or office of the
Federal Government or in'' and inserting in lieu thereof
``work for, and make their language skills available to, an
agency or office of the Federal Government or work in''.
(c) Service Agreement.--Subsection (b) of that section is
amended--
(1) in the matter preceding paragraph (1), by striking out
``, or of scholarships'' and all that follows through ``12
months or more,'' and inserting in lieu thereof ``or any
scholarship''.
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph (2):
``(2) will--
``(A) not later than eight years after such recipient's
completion of the study for which scholarship assistance was
provided under the program, and in accordance with
regulations issued by the Secretary--
``(i) work in an agency or office of the Federal Government
having national security responsibilities (as determined by
the Secretary in consultation with the National Security
Education Board) and make available such recipient's foreign
language skills to an agency or office of the Federal
Government approved by the Secretary (in consultation with
the Board), upon the request of the agency or office, for a
period specified by the Secretary, which period shall be no
longer than the period for which scholarship assistance was
provided; or
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no position in an
agency or office of the Federal Government having national
security responsibilities is available, work in the field of
higher education in a discipline relating to the foreign
country, foreign language, area study, or international field
of study for which the scholarship was awarded, for a period
specified by the Secretary, which period shall be determined
in accordance with clause (i); or
``(B) upon completion of such recipient's education under
the program, and in accordance with such regulations--
``(i) work in an agency or office of the Federal Government
having national security responsibilities (as so determined)
and make available such recipient's foreign language skills
to an agency or office of the Federal Government approved by
the Secretary (in consultation with the Board), upon the
request of the agency or office, for a period specified by
the Secretary, which period shall be not less than one and
not more than three times the period for which the fellowship
assistance was provided; or
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no position in an
agency or office of the Federal Government having national
security responsibilities is available upon the completion of
the degree, work in the field of higher education in a
discipline relating to the foreign country, foreign language,
area study, or international field of study for which the
fellowship was awarded, for a period specified by the
Secretary, which period shall be established in accordance
with clause (i); and''.
(d) Evaluation of Progress in Language Skills.--Such
section 802 is further amended by--
(1) redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Evaluation of Progress in Language Skills.--The
Secretary shall, through the National Security Education
Program office, administer a test of the foreign language
skills of each recipient of a scholarship or fellowship under
this title before the commencement of the study or education
for which the scholarship or fellowship is awarded and after
the completion of such study or education. The purpose of the
tests is to evaluate the progress made by recipients of
scholarships and fellowships in developing foreign language
skills as a result of assistance under this title.''.
(e) Functions of the National Security Education Board.--
Section 803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(1) in paragraph (1), by inserting ``, including an order
of priority in such awards that favors individuals expressing
an interest in national security issues or pursuing a career
in an agency or office of the Federal Government having
national security responsibilities'' before the period;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
out ``Make recommendations'' and inserting in lieu thereof
``After taking into account the annual analyses of trends in
language, international, and area studies under section
806(b)(1), make recommendations'';
(B) in subparagraph (A), by inserting ``and countries which
are of importance to the national security interests of the
United States'' after ``are studying''; and
(C) in subparagraph (B), by inserting ``relating to the
national security interests of the United States'' after ``of
this title'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) Encourage applications for fellowships under this
title from graduate students having an educational background
in disciplines relating to science or technology.
``(6) Provide the Secretary on an on-going basis with a
list of scholarship recipients and fellowship recipients who
are available to work for, or make their language skills
available to, an agency or office of the Federal Government
having national security responsibilities.''.
(f) Report on Program.--(1) Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report assessing the
improvements to the program established under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102-183; 50 U.S.C. 1901 et seq.) that result from
the amendments made by this section.
(2) The report shall also include an assessment of the
contribution of the program, as so improved, in meeting the
national security objectives of the United States.
SEC. 1076. REIMBURSEMENT FOR EXCESSIVE COMPENSATION OF
CONTRACTOR PERSONNEL PROHIBITED.
(a) Armed Services Procurements.--Section 2324(e)(1) of
title 10, United States Code, is amended by adding at the end
the following:
``(P) Costs of compensation (including bonuses and other
incentives) paid with respect to the services (including
termination of services) of any one individual to the extent
that the total amount of the compensation paid in a fiscal
year exceeds $200,000.''.
(b) Civilian Agency Procurements.--Section 306(e)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 256(e)(1)) is amended by adding at the end the
following:
``(P) Costs of compensation (including bonuses and other
incentives) paid with respect to the services (including
termination of services) of any one individual to the extent
that the total amount of the compensation paid in a fiscal
year exceeds $200,000.''.
SEC. 1077. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE
SHARING OF EXPERIENCES UNDER MILITARY YOUTH
PROGRAMS.
(a) Findings.--The Senate makes the following findings:
(1) Programs of the Department of Defense for youth who are
dependents of members of the Armed Forces have not received
the same level of attention and resources as have child care
programs of the Department since the passage of the Military
Child Care Act of 1989 (title XV of Public Law 101-189; 10
U.S.C. 113 note).
(2) Older children deserve as much attention to their
developmental needs as do younger children.
(3) The Department has started to direct more attention to
programs for youths who are dependents of members of the
Armed Forces by funding the implementation of 20 model
community programs to address the needs of such youths.
(4) The lessons learned from such programs could apply to
civilian youth programs as well.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense, Federal, State, and local
agencies, and businesses and communities involved in
conducting youth programs could benefit from the development
of partnerships to foster an exchange of ideas, information,
and materials relating to such programs and to encourage
closer relationships between military installations and the
communities that support them;
(2) such partnerships could benefit all families by helping
the providers of services for youths exchange ideas about
innovative ways to address barriers to the effective
provision of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the Department and Federal and
State educational agencies
[[Page S7576]]
in exploring the use of public school facilities for child
care programs and youth programs that are mutually beneficial
to the Department and civilian communities and complement
programs of the Department carried out at its facilities; and
(B) improving youth programs that enable adolescents to
relate to new peer groups when families of members of the
Armed Forces are relocated.
(c) Report.--Not later than June 30, 1997, the Secretary of
Defense shall submit to Congress a report on the status of
any initiatives undertaken this section, including
recommendations for additional ways to improve the youth
programs of the Department of Defense and to improve such
programs so as to benefit communities in the vicinity of
military installations.
SEC. 1078. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE
SHARING OF EXPERIENCES WITH MILITARY CHILD
CARE.
(a) Findings.--The Senate makes the following findings:
(1) The Department of Defense should be congratulated on
the successful implementation of the Military Child Care Act
of 1989 (title XV of Public Law 101-189; 10 U.S.C. 113 note).
(2) The actions taken by the Department as a result of that
Act have dramatically improved the availability,
affordability, quality, and consistency of the child care
services provided to members of the Armed Forces.
(3) Child care is important to the readiness of members of
the Armed Forces because single parents and couples in
military service must have access to affordable child care of
good quality if they are to perform their jobs and respond
effectively to long work hours or deployments.
(4) Child care is important to the retention of members of
the Armed Forces in military service because the
dissatisfaction of the families of such members with military
life is a primary reason for the departure of such members
from military service.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the civilian and military child care communities,
Federal, State, and local agencies, and businesses and
communities involved in the provision of child care services
could benefit from the development of partnerships to foster
an exchange of ideas, information, and materials relating to
their experiences with the provision of such services and to
encourage closer relationships between military installations
and the communities that support them;
(2) such partnerships would be beneficial to all families
by helping providers of child care services exchange ideas
about innovative ways to address barriers to the effective
provision of such services; and
(3) there are many ways that these partnerships can be
developed, including--
(A) cooperation between the directors and curriculum
specialists of military child development centers and
civilian child development centers in assisting such centers
in the accreditation process;
(B) use of family support staff to conduct parent and
family workshops for new parents and parents with young
children in family housing on military installations and in
communities in the vicinity of such installations;
(C) internships in Department of Defense child care
programs for civilian child care providers to broaden the
base of good-quality child care services in communities in
the vicinity of military installations; and
(D) attendance by civilian child care providers at
Department child-care training classes on a space-available
basis.
(c) Report.--Not later than June 30, 1997, the Secretary of
Defense shall submit to Congress a report on the status of
any initiatives undertaken this section, including
recommendations for additional ways to improve the child care
programs of the Department of Defense and to improve such
programs so as to benefit civilian child care providers in
communities in the vicinity of military installations.
SEC. 1079. INCREASE IN PENALTIES FOR CERTAIN TRAFFIC OFFENSES
ON MILITARY INSTALLATIONS.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c) is
amended to read as follows:
``Sec. 4. (a) Except as provided in subsection (b), whoever
shall violate any rule or regulation promulgated pursuant to
section 2 of this Act may be fined not more than $50 or
imprisoned for not more than thirty days, or both.
``(b) Whoever shall violate any rule or regulation for the
control of vehicular or pedestrian traffic on military
installations that is promulgated by the Secretary of
Defense, or the designee of the Secretary, under the
authority delegated pursuant to section 2 of this Act may be
fined an amount not to exceed the amount of a fine for a like
or similar offense under the criminal or civil law of the
State, territory, possession, or district where the military
installation is located, or imprisoned for not more than
thirty days, or both.''.
SEC. 1080. PHARMACEUTICAL INDUSTRY SPECIAL EQUITY.
(a) Short Title.--This section may be cited as the
``Pharmaceutical Industry Special Equity Act of 1996''.
(b) Approval of Generic Drugs.--
(1) In general.--With respect to any patent, the term of
which is modified under section 154(c)(1) of title 35, United
States Code, as amended by the Uruguay Round Agreements Act
(Public Law 103-465; 108 Stat. 4983), the remedies of section
271(e)(4) of title 35, United States Code, shall not apply
if--
(A) such patent is the subject of a certification described
under--
(i) section 505 (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355
(b)(2)(A)(iv) or (j)(2)(A)(vii)(IV)); or
(ii) section 512(n)(1)(H)(iv) of such Act (21 U.S.C.
360b(n)(1)(H)(iv));
(B) on or after the date of enactment of this section, such
a certification is made in an application that was filed
under section 505 or 512 of the Federal Food, Drug, and
Cosmetic Act and accepted for filing by the Food and Drug
Administration prior to June 8, 1995; and
(C) a final order, from which no appeal is pending or may
be made, has been entered in an action brought under chapter
28 or 29 of title 35, United States Code--
(i) finding that the person who submitted such
certification made a substantial investment of the type
described under section 154(c)(2) of title 35, United States
Code, as amended by the Uruguay Round Agreements Act; and
(ii) establishing the amount of equitable remuneration of
the type described under section 154(c)(3) of title 35,
United States Code, as amended by the Uruguay Round
Agreements Act, that is required to be paid by the person who
submitted such certification to the patentee for the product
that is the subject of the certification.
(2) Determination of substantial investment.--In
determining whether a substantial investment has been made in
accordance with this section, the court shall find that--
(A) a complete application submitted under section 505 or
512 of the Federal Food, Drug, and Cosmetic Act was found by
the Secretary of Health and Human Services on or before June
8, 1995 to be sufficiently complete to permit substantive
review; and
(B) the total sum of the investment made by the person
submitting such an application--
(i) is specifically related to the research, development,
manufacture, sale, marketing, or other activities undertaken
in connection with, the product covered by such an
application; and
(ii) does not solely consist of that person's expenditures
related to the development and submission of the information
contained in such an application.
(3) Effective date of approval of application.--In no event
shall the Food and Drug Administration make the approval of
an application under sections 505 or 512 of the Federal Food,
Drug, and Cosmetic Act, which is subject to the provisions of
this section, effective prior to the entry of the order
described in paragraph (1)(C).
(4) Applicability.--The provisions of this subsection shall
not apply to any patent the term of which, inclusive of any
restoration period provided under section 156 of title 35,
United States Code, would have expired on or after June 8,
1998, under the law in effect on the date before December 8,
1994.
(c) Application of Certain Benefits and Term Extensions to
All Patents in Force on a Certain Date.--For the purposes of
this section and the provisions of title 35, United States
Code, all patents in force on June 8, 1995, including those
in force by reason of section 156 of title 35, United States
Code, are entitled to the full benefit of the Uruguay Round
Agreements Act of 1994 and any extension granted before such
date under section 156 of title 35, United States Code.
(d) Extension of Patents Relating to Nonsteroidal Anti-
Inflammatory Drugs.--
(1) In general.--Notwithstanding section 154 of title 35,
United States Code, the term of patent shall be extended for
any patent which encompasses within its scope of composition
of matter known as a nonsteroidal anti-inflammatory drug if--
(A) during the regulatory review of the drug by the Food
and Drug Administration the patentee--
(i) filed a new drug application in 1982 under section 505
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355);
and
(ii) awaited approval by the Food and Drug Administration
for at least 96 months; and
(B) such new drug application was approved in 1991.
(2) Term.--The term of any patent described in paragraph
(1) shall be extended from its current expiration date for a
period of 2 years.
(3) Notification.--No later than 90 days after the date of
enactment of this section, the patentee of any patent
described in paragraph (1) shall notify the Commissioner of
Patents and Trademarks of the number of any patent extended
under such paragraph. On receipt of such notice, the
Commissioner shall confirm such extension by placing a notice
thereof in the official file of such patent and publishing an
appropriate notice of such extension in the Official Gazette
of the Patent and Trademark Office.
(e) Expedited Procedures for Civil Actions.--
(1) Application.--(A) This subsection applies to any civil
action in a court of the United States brought to determine
the rights of the parties under this section, including any
determination made under subsection (b).
(B) For purposes of this subsection the term ``civil
action'' refers to a civil action described under
subparagraph (A).
(2) Superseding provisions.--Procedures adopted under this
subsection shall supersede any provision of title 28, United
States
[[Page S7577]]
Code, the Federal Rules of Civil Procedure, or the Federal
Rules of Appellate Procedure to the extent of any
inconsistency.
(3) Procedures in district court.--No later than 60 days
after the date of the enactment of this Act, each district
court of the United States shall adopt procedures to--
(A) provide for priority in consideration of civil actions
on an expedited basis, including consideration of
determinations relating to substantial investment, equitable
remuneration, and equitable compensation;
(B) provide that--
(i) no later than 10 days after a party files an answer to
a complaint filed in a civil action the court shall order
that all discovery (including a hearing on any discovery
motions) shall be completed no later than 60 days after the
date on which the court enters the order; and
(ii) the court may grant a single extension of the 60-day
period referred to under clause (i) for an additional period
of no more than 30 days upon a showing of good cause;
(C) require any dispositive motion in a civil action to be
filed no later than 30 days after completion of discovery;
(D) require that--
(i) if a dispositive motion is filed in a civil action, the
court shall rule on such a motion no later than 30 days after
the date on which the motion is filed;
(ii) the court shall begin the trial of a civil action no
later than 60 days after the later of--
(I) the date on which discovery is completed in accordance
with subparagraph (B); or
(II) the last day of the 30-day period referred to under
clause (i), if a dispositive motion is filed;
(E) require that if a person does not hold the patent which
is the subject of a civil action and is the prevailing party
in the civil action, the court shall order the nonprevailing
party to pay damages to the prevailing party;
(F) the damages payable to such persons shall include--
(i) the costs resulting from the delay caused by the civil
action; and
(ii) lost profits from such delay; and
(G) provide that the prevailing party in a civil action
shall be entitled to recover reasonable attorney's fees and
court costs.
(4) Procedures in federal circuit court.--No later than 60
days after the date of the enactment of this Act, the United
States Court of Appeals for the Federal Circuit shall adopt
procedures to provide for expedited considerations of civil
actions brought under this Act.
SEC. 1081. CLARIFICATION OF NATIONAL SECURITY SYSTEMS TO
WHICH THE INFORMATION TECHNOLOGY MANAGEMENT
REFORM ACT OF 1996 APPLIES.
Section 5142(b) of the Information Technology Management
Reform Act of 1996 (division E of Public Law 104-106; 110
Stat. 689; 40 U.S.C. 1452(b)) is amended--
(1) by striking out ``(b) Limitation.--'' and inserting in
lieu thereof ``(b) Limitations.--(1)''; and
(2) by adding at the end the following:
``(2) Notwithstanding any other provision of this section
or any other provision of law, for the purposes of this
subtitle, a system that, in function, operation, or use,
involves the storage, processing, or forwarding of classified
information and is protected at all times by procedures
established for the handling of classified information shall
be considered as a national security system under the
definition in subsection (a) only if the function, operation,
or use of the system--
``(A) involves activities described in paragraph (1), (2),
or (3) of subsection (a);
``(B) involves equipment described in paragraph (4) of
subsection (a); or
``(C) is critical to an objective described in paragraph
(5) of subsection (a) and is not excluded by paragraph (1) of
this subsection.''.
SEC. 1082. SALE OF CHEMICALS USED TO MANUFACTURE CONTROLLED
SUBSTANCES BY FEDERAL DEPARTMENTS OR AGENCIES.
A Federal department or agency may not sell from the stocks
of the department or agency any chemical which, as determined
by the Administrator of the Drug Enforcement Agency, could be
used in the manufacture of a controlled substance as defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802) unless the Administrator certifies in writing to the
head of the department or agency that there is no reasonable
cause to believe that the sale of the chemical would result
in the illegal manufacture of a controlled substance.
SEC. 1083. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.
(a) Status of Excess Aircraft.--Operational support airlift
aircraft excess to the requirements of the Department of
Defense shall be placed in an inactive status and stored at
Davis-Monthan Air Force Base, Arizona, pending the completion
of any study or analysis of the costs and benefits of
disposing of or operating such aircraft that precedes a
decision to dispose of or continue to operate such aircraft.
(b) Operational Support Airlift Aircraft Defined.--In this
section, the term ``operational support airlift aircraft''
has the meaning given such term in section 1086(f) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 458).
SEC. 1084. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.
It is the sense of the Senate that, notwithstanding any
other provision of law, in order to maximize the amount of
equipment provided to the Government of Bosnia and
Herzegovina under the authority contained in section 540 of
the Foreign Operations Act of 1996 (Public Law 104-107), the
price of the transferred equipment shall not exceed the
lowest level at which the same or similar equipment has been
transferred to any other country under any other United
States Government program.
SEC. 1085. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) In General.--Section 2(b)(4) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(4)) is amended--
(1) by inserting after ``any country has willfully aided or
abetted'' the following: ``, or any person has knowingly
aided or abetted,'';
(2) by striking ``or countries'' and inserting ``,
countries, person, or persons'';
(3) by inserting after ``United States exports to such
country'' the following: ``or, in the case of any such
person, give approval to guarantee, insure, or extend credit,
or participate in the extension of credit in support of,
exports to or by any such person for a 12-month period,'';
(4) by inserting ``(A)'' immediately after ``(4)'';
(5) by inserting after ``United States exports to such
country'' the second place it appears the following: ``,
except as provided in subparagraph (B),''; and
(6) by adding at the end the following:
``(B) In the case of any country or person aiding or
abetting a non-nuclear-weapon state as described in
subparagraph (A), the prohibition on financing by the Bank
contained in the second sentence of that subparagraph shall
not apply to the country or person, as the case may be, if
the President determines and certifies in writing to the
Congress that--
``(i) reliable information indicates that the country or
person with respect to which the determination is made has
ceased to aid or abet any non-nuclear-weapon state to acquire
any nuclear explosive device or to acquire unsafeguarded
special nuclear material; and
``(ii) the President has received reliable assurances from
the country or person that such country or person will not,
in the future, aid or abet any non-nuclear-weapon state in
its efforts to acquire any nuclear explosive device or any
unsafeguarded special nuclear material.
``(C) For purposes of subparagraphs (A) and (B)--
``(i) the term `country' has the meaning given to `foreign
state' in section 1603(a) of title 28, United States Code;
``(ii) the term `knowingly' is used within the meaning of
the term `knowing' in section 104 of the Foreign Corrupt
Practices Act; and
``(iii) the term `person' means a natural person as well as
a corporation, business association, partnership, society,
trust, any other nongovernmental entity, organization, or
group, and any governmental entity operating as a business
enterprise, and any successor of any such entity.''.
(b) Effective Date.--(1) The amendments made by paragraphs
(1) through (5) of subsection (a) shall apply to persons, and
the amendment made by subsection (a)(6), shall apply to
countries and persons, aiding or abetting non-nuclear weapon
states on or after June 29, 1994.
(2) Nothing in this section or the amendments made by this
section shall apply to obligations undertaken pursuant to
guarantees, insurance, and the extension of credits (and
participation in the extension of credits) made before the
date of enactment of this Act.
SEC. 1086. TECHNICAL AMENDMENT.
Paragraph (3) of section 8003(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is
amended--
(1) by striking ``2000 and such number equals or exceeds
15'' and inserting ``1000 or such number equals or exceeds
10''; and
(2) by inserting ``, except that notwithstanding any other
provision of this title the Secretary shall not make a
payment computed under this paragraph for a child described
in subparagraph (F) or (G) of paragraph (1) who is associated
with Federal property used for Department of Defense
activities unless funds for such payment are made available
to the Secretary from funds available to the Secretary of
Defense'' before the period.
SEC. 1087. FACILITY FOR MILITARY DEPENDENT CHILDREN WITH
DISABILITIES, LACKLAND AIR FORCE BASE, TEXAS.
(a) Funding.--Of the amounts authorized to be appropriated
by this Act for the Department of the Air Force, $2,000,000
may be available for the construction at Lackland Air Force
Base, Texas, of a facility (and supporting infrastructure) to
provide comprehensive care and rehabilitation services to
children with disabilities who are dependents of members of
the Armed Forces.
(b) Transfer of Funds.--Subject to subsection (c), the
Secretary of the Air Force may grant the funds available
under subsection (a) to the Children's Association for
Maximum Potential (CAMP) for use by the association to defray
the costs of designing and constructing the facility referred
to in subsection (a).
(c) Lease of Facility.--(1) The Secretary may not make a
grant of funds under subsection (b) until the Secretary and
the association enter into an agreement under which
[[Page S7578]]
the Secretary leases to the association the facility to be
constructed using the funds.
(2)(A) The term of the lease under paragraph (1) may not be
less than 25 years.
(B) As consideration for the lease of the facility, the
association shall assume responsibility for the operation and
maintenance of the facility, including the costs of such
operation and maintenance.
(3) The Secretary may require such additional terms and
conditions in connection with the lease as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1088. PROHIBITION ON THE DISTRIBUTION OF INFORMATION
RELATING TO EXPLOSIVE MATERIALS FOR A CRIMINAL
PURPOSE.
(a) Unlawful Conduct.--Section 842 of title 18, United
States Code, is amended by adding at the end the following
new subsection:
``(l) It shall be unlawful for any person to teach or
demonstrate the making of explosive materials, or to
distribute by any means information pertaining to, in whole
or in part, the manufacture of explosive materials, if the
person intends or knows, that such explosive materials or
information will be used for, or in furtherance of, an
activity that constitutes a Federal criminal offense or a
criminal purpose affecting interstate commerce.''.
(b) Penalty.--Section 844(a) of title 18, United States
Code, is amended--
(1) by striking ``(a) Any person'' and inserting ``(a)(1)
Any person''; and
(2) by adding at the end the following:
``(2) Any person who violates subsection (l) of section 842
of this chapter shall be fined under this title, imprisoned
not more than 20 years, or both.''.
SEC. 1089. EXEMPTION FOR SAVINGS INSTITUTIONS SERVING
MILITARY PERSONNEL.
Section 10(m)(3)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(m)(3)(F)) is amended to read as follows:
``(F) Exemption for specialized savings associations
serving certain military personnel.--Subparagraph (A) does
not apply to a savings association subsidiary of a savings
and loan holding company if not less than 90 percent of the
customers of the savings and loan holding company and the
subsidiaries and affiliates of such company are active or
former officers in the United States military services or the
widows, widowers, divorced spouses, or current or former
dependents of such officers.''.
Subtitle G--Review of Armed Forces Force Structures
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Armed Forces Force
Structures Review Act of 1996''.
SEC. 1092. FINDINGS.
Congress makes the following findings:
(1) Since the collapse of the Soviet Union in 1991, the
United States has conducted two substantial assessments of
the force structure of the Armed Forces necessary to meet
United States defense requirements.
(2) The assessment by the Bush Administration (known as the
``Base Force'' assessment) and the assessment by the Clinton
Administration (known as the ``Bottom-Up Review'') were
intended to reassess the force structure of the Armed Forces
in light of the changing realities of the post-Cold War
world.
(3) Both assessments served an important purpose in
focusing attention on the need to reevaluate the military
posture of the United States, but the pace of global change
necessitates a new, comprehensive assessment of the defense
strategy of the United States and the force structure of the
Armed Forces required to meet the threats to the United
States in the 21st century.
(4) The Bottom-Up Review has been criticized on several
points, including--
(A) the assumptions underlying the strategy of planning to
fight and win two nearly simultaneous major regional
conflicts;
(B) the force levels recommended to carry out that
strategy; and
(C) the funding proposed for such recommended force levels.
(5) In response to the recommendations of the Commission on
Roles and Missions of the Armed Forces, the Secretary of
Defense endorsed the concept of conducting a quadrennial
review of the defense program at the beginning of each newly
elected Presidential administration, and the Secretary
intends to complete the first such review in 1997.
(6) The review is to involve a comprehensive examination of
defense strategy, the force structure of the active, guard,
and reserve components, force modernization plans,
infrastructure, and other elements of the defense program and
policies in order to determine and express the defense
strategy of the United States and to establish a revised
defense program through the year 2005.
(7) In order to ensure that the force structure of the
Armed Forces is adequate to meet the challenges to the
national security interests of the United States in the 21st
century, to assist the Secretary of Defense in conducting the
review referred to in paragraph (5), and to assess the
appropriate force structure of the Armed Forces through the
year 2010 and beyond (if practicable), it is important to
provide for the conduct of an independent, non-partisan
review of the force structure that is more comprehensive than
prior assessments of the force structure, extends beyond the
quadrennial defense review, and explores innovative and
forward-thinking ways of meeting such challenges.
SEC. 1093. QUADRENNIAL DEFENSE REVIEW.
(a) Requirement in 1997.--The Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall complete in 1997 a review of the defense program of the
United States intended to satisfy the requirements for a
Quadrennial Defense Review as identified in the
recommendations of the Commission on Roles and Missions of
the Armed Forces. The review shall include a comprehensive
examination of the defense strategy, force structure, force
modernization plans, infrastructure, and other elements of
the defense program and policies with a view toward
determining and expressing the defense strategy of the United
States and establishing a revised defense program through the
year 2005.
(b) Involvement of National Defense Panel.--(1) The
Secretary shall apprise the National Defense Panel
established under section 1084, on an on-going basis, of the
work undertaken in the conduct of the review.
(2) Not later than March 14, 1997, the Chairman of the
National Defense Panel shall submit to the Secretary the
Panel's assessment of work undertaken in the conduct of the
review as of that date and shall include in the assessment
the recommendations of the Panel for improvements to the
review, including recommendations for additional matters to
be covered in the review.
(c) Assessments of Review.--Upon completion of the review,
the Chairman of the Joint Chiefs of Staff and the Chairman of
the National Defense Panel shall each prepare and submit to
the Secretary such chairman's assessment of the review in
time for the inclusion of the assessment in its entirety in
the report under subsection (d).
(d) Report.--Not later than May 15, 1997, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a comprehensive report on the review. The
report shall include the following:
(1) The results of the review, including a comprehensive
discussion of the defense strategy of the United States and
the force structure best suited to implement the strategy.
(2) The threats examined for purposes of the review and the
scenarios developed in the examination of such threats.
(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and
mission-sharing, levels of acceptable risk, warning times,
and intensity and duration of conflict.
(4) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
(5) The effect on the force structure of the utilization by
the Armed Forces of technologies anticipated to be available
by the year 2005, including precision guided munitions,
stealth, night vision, digitization, and communications, and
the changes in doctrine and operational concepts that would
result from the utilization of such technologies.
(6) The manpower and sustainment policies required under
the defense strategy to support engagement in conflicts
lasting more than 120 days.
(7) The anticipated roles and missions of the reserve
components in the defense strategy and the strength,
capabilities, and equipment necessary to assure that the
reserve components can capably discharge such roles and
missions.
(8) The appropriate ratio of combat forces to support
forces (commonly referred to as the ``tooth-to-tail'' ratio)
under the defense strategy, including, in particular, the
appropriate number and size of headquarter units and Defense
Agencies for that purpose.
(9) The air-lift and sea-lift capabilities required to
support the defense strategy.
(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the defense strategy
for conflict deterrence and adequate military response to
anticipated conflicts.
(11) The extent to which resources must be shifted among
two or more theaters under the defense strategy in the event
of conflict in such theaters.
(12) The advisability of revisions to the Unified Command
Plan as a result of the defense strategy.
SEC. 1094. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the
Secretary of Defense shall establish a non-partisan,
independent panel to be known as the National Defense Panel
(in this section referred to as the ``Panel''). The Panel
shall have the duties set forth in this section.
(b) Membership.--The Panel shall be composed of a chairman
and eight other individuals appointed by the Secretary, in
consultation with the Chairman and ranking member of the
Committee on Armed Services of the Senate and the Chairman
and ranking member of the Committee on National Security of
the House of Representatives, from among individuals in the
private sector who are recognized experts in matters relating
to the national security of the United States.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the review under section 1083 that is required by subsection
(b)(2) of that section;
(2) conduct and submit to the Secretary the comprehensive
assessment of the review
[[Page S7579]]
that is required by subsection (c) of that section upon
completion of the review; and
(3) conduct the assessment of alternative force structures
for the Armed Forces required under subsection (d).
(d) Alternative Force Structure Assessment.--(1) The Panel
shall submit to the Secretary an independent assessment of a
variety of possible force structures of the Armed Forces
through the year 2010 and beyond, including the force
structure identified in the report on the review under
section 1083(d). The purpose of the assessment is to develop
proposals for an ``above the line'' force structure of the
Armed Forces and to provide the Secretary and Congress
recommendations regarding the optimal force structure to meet
anticipated threats to the national security of the United
States through the time covered by the assessment.
(2) In conducting the assessment, the Panel shall examine a
variety of potential threats (including near-term threats and
long-term threats) to the national security interests of the
United States, including the following:
(A) Conventional threats across a spectrum of conflicts.
(B) The proliferation of weapons of mass destruction and
the means of delivering such weapons, and the illicit
transfer of technology relating to such weapons.
(C) The vulnerability of United States technology to non-
traditional threats, including information warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major challenger having military
capabilities similar to those of the United States.
(F) Any other significant threat, or combination of
threats, identified by the Panel.
(3) For purposes of the assessment, the Panel shall develop
a variety of scenarios requiring a military response by the
Armed Forces, including the following:
(A) Scenarios developed in light of the threats examined
under paragraph (2).
(B) Scenarios developed in light of a continuum of
conflicts ranging from a conflict of lesser magnitude than
the conflict described in the Bottom-Up Review to a conflict
of greater magnitude than the conflict so described.
(4) As part of the assessment, the Panel shall also--
(A) develop recommendations regarding a variety of force
structures for the Armed Forces that permit the forward
deployment of sufficient land- and sea-based forces to
provide an effective deterrent to conflict and to permit a
military response by the United States to the scenarios
developed under paragraph (3);
(B) to the extent practicable, estimate the funding
required by fiscal year, in constant fiscal year 1997
dollars, to organize, equip, and support the forces
contemplated under the force structures assessed in the
assessment; and
(C) comment on each of the matters also to be included by
the Secretary in the report required by section 1083(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel
shall submit to the Secretary a report setting forth the
activities, findings and recommendations of the Panel under
subsection (d), including any recommendations for legislation
that the Panel considers appropriate.
(2) Not later than December 15, 1997, the Secretary shall,
after consultation with the Chairman of the Joint Chiefs of
Staff, submit to the committees referred to in subsection
(b)(1) a copy of the report under paragraph (1), together
with the Secretary's comments on the report.
(f) Information from Federal Agencies.--The Panel may
secure directly from the Department of Defense and any of its
components and from any other Federal department and agency
such information as the Panel considers necessary to carry
out its duties under this section. The head of the department
or agency concerned shall ensure that information requested
by the Panel under this subsection is promptly provided.
(g) Personnel Matters.--(1) Each member of the Panel 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 Panel.
(2) The members of the Panel 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 Panel.
(3)(A) The chairman of the Panel may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director, and a staff of not more than four
additional individuals, if the Panel determines that an
executive director and staff are necessary in order for the
Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the
Panel.
(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are
detailed to the Panel to enable the Panel to carry out its
duties effectively.
(5) To the maximum extent practicable, the members and
employees of the Panel shall travel on military aircraft,
military ships, military vehicles, or other military
conveyances when travel is necessary in the performance of a
duty of the Panel, except that no such aircraft, ship,
vehicle, or other conveyance may be scheduled primarily for
the transportation of any such member or employee when the
cost of commercial transportation is less expensive.
(h) Administrative Provisions.--(1) The Panel may use the
United States mails and obtain printing and binding services
in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(2) The Secretary shall furnish the Panel any
administrative and support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or
donations of services or property.
(i) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of
the Panel shall be paid out of funds available to the
Department of Defense for the payment of compensation, travel
allowances, and per diem allowances, respectively, of
civilian employees of the Department. The other expenses of
the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by
the Department.
(j) Termination.--The Panel shall terminate 30 days after
the date on which the Panel submits its report to the
Secretary under subsection (e).
SEC. 1095. POSTPONEMENT OF DEADLINES.
In the event that the election of President of the United
States in 1996 results in a change in administrations, each
deadline set forth in this subtitle shall be postponed by 3
months.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) The term `` `above the line' force structure of the
Armed Forces'' means a force structure (including numbers,
strengths, and composition and major items of equipment) for
the Armed Forces at the following unit levels:
(A) In the case of the Army, the division.
(B) In the case of the Navy, the battle group.
(C) In the case of the Air Force, the wing.
(D) In the case of the Marine Corps, the expeditionary
force.
(E) In the case of special operations forces of the Army,
Navy, or Air Force, the major operating unit.
(F) In the case of the strategic forces, the ballistic
missile submarine fleet, the heavy bomber force, and the
intercontinental ballistic missile force.
(2) The term ``Commission on Roles and Missions of the
Armed Forces'' means the Commission on Roles and Missions of
the Armed Forces established by subtitle E of title IX of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note).
(3) The term ``military operation other than war'' means
any operation other than war that requires the utilization of
the military capabilities of the Armed Forces, including
peace operations, humanitarian assistance operations and
activities, counter-terrorism operations and activities,
disaster relief activities, and counter-drug operations and
activities.
(4) The term ``peace operations'' means military operations
in support of diplomatic efforts to reach long-term political
settlements of conflicts and includes peacekeeping operations
and peace enforcement operations.
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 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.
[[Page S7580]]
(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 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.
[[Page S7581]]
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) 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
[[Page S7582]]
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 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.
Subtitle C--Defense Intelligence Personnel
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense
Civilian Intelligence Personnel Reform Act of 1996''.
SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT.
Section 1590 of title 10, United States Code, is amended to
read as follows:
``Sec. 1590. Management of civilian intelligence personnel of
the Department of Defense
``(a) General Personnel Management Authority.--The
Secretary of Defense may, without regard to the provisions of
any other law relating to the appointment, number,
classification, or compensation of employees--
``(1) establish--
``(A) as positions in the excepted service, such defense
intelligence component positions (including Intelligence
Senior Level positions) as the Secretary determines necessary
to carry out the intelligence functions of the defense
intelligence components, but not to exceed in number the
number of the defense intelligence component positions
established as of January 1, 1996; and
``(B) such Intelligence Senior Executive Service positions
as the Secretary determines necessary to carry out functions
referred to in subparagraph (B);
``(2) appoint individuals to such positions (after taking
into consideration the availability of preference eligibles
for appointment to such positions); and
``(3) fix the compensation of such individuals for service
in such positions.
``(b) Basic Pay.--(1)(A) Subject to subparagraph (B) and
paragraph (2), the Secretary of Defense shall 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 subpart
which have corresponding levels of duties and
responsibilities.
``(B) Except as otherwise provided by law, no rate of basic
pay fixed under subparagraph (A) for a position established
under subsection (a) may exceed--
``(i) in the case of an Intelligence Senior Executive
Service position, the maximum rate provided in section 5382
of title 5;
``(ii) in the case of an Intelligence Senior Level
position, the maximum rate provided in section 5382 of title
5; and
``(iii) in the case of any other defense intelligence
component position, the maximum rate provided in section
5306(e) of title 5.
``(2) 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 for civilian employees in
or under which the Department of Defense may employ
individuals described by section 5342(a)(2)(A) of such title.
``(c) Additional Compensation, Incentives, and
Allowances.--(1) Employees in defense intelligence component
positions may be paid additional compensation, including
benefits, incentives, and allowances, in accordance with this
subsection if, and to the extent, authorized in regulations
prescribed by the Secretary of Defense.
``(2) Additional compensation under this subsection shall
be consistent with, and not in excess of the levels
authorized for, comparable positions authorized by title 5.
``(3)(A) Employees in defense intelligence component
positions, if citizens or nationals of the United States, may
be paid an allowance while stationed outside the continental
United States or in Alaska.
``(B) Subject to subparagraph (C), allowances under
subparagraph (A) shall be based on--
``(i) living costs substantially higher than in the
District of Columbia;
``(ii) conditions of environment which differ substantially
from conditions of environment in the continental United
States and warrant an allowance as a recruitment incentive;
or
``(iii) both of the factors described in clauses (i) and
(ii).
``(C) An allowance under subparagraph (A) may not exceed an
allowance authorized to be paid by section 5941(a) of title 5
for employees whose rates of basic pay are fixed by statute.
``(d) Intelligence Senior Executive Service.--(1) The
Secretary of Defense may establish an Intelligence Senior
Executive Service for defense intelligence component
positions established pursuant to subsection (a) that are
equivalent to Senior Executive Service positions.
``(2) The Secretary of Defense shall prescribe regulations
for the Intelligence Senior Executive Service which are
consistent with the requirements set forth in sections 3131,
[[Page S7583]]
3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title
5, subsections (a), (b), and (c) of section 7543 of such
title (except that any hearing or appeal to which a member of
the Intelligence Senior Executive Service is entitled shall
be held or decided pursuant to the regulations), and
subchapter II of chapter 43 of such title. To the extent that
the Secretary determines it practicable to apply to members
of, or applicants for, the Intelligence Senior Executive
Service other provisions of title 5 that apply to members of,
or applicants for, the Senior Executive Service, the
Secretary shall also prescribe regulations to implement those
sections with respect to the Intelligence Senior Executive
Service.
``(e) Award of Rank to Members of the Intelligence Senior
Executive Service.--The President, based on the
recommendations of the Secretary of Defense, may award a rank
referred to in section 4507 of title 5 to members of the
Intelligence Senior Executive Service whose positions may be
established pursuant to this section. The awarding of such
rank shall be made in a manner consistent with the provisions
of that section.
``(f) Intelligence Senior Level Positions.--The Secretary
of Defense may, in accordance with regulations prescribed by
the Secretary, designate as an Intelligence Senior Level
position any defense intelligence component position that, as
determined by the Secretary--
``(1) is classifiable above grade GS-15 of the General
Schedule;
``(2) does not satisfy functional or program management
criteria for being designated an Intelligence Senior
Executive Service position; and
``(3) has no more than minimal supervisory
responsibilities.
``(g) Time Limited Appointments.--(1) The Secretary of
Defense may, in regulations, authorize appointing officials
to make time limited appointments to defense intelligence
component positions specified in the regulations.
``(2) The Secretary of Defense shall review each time
limited appointment in a defense intelligence component
position at the end of the first year of the period of the
appointment and determine whether the appointment should be
continued for the remainder of the period. The continuation
of a time limited appointment after the first year shall be
subject to the approval of the Secretary.
``(3) An employee serving in a defense intelligence
component position pursuant to a time limited appointment is
not eligible for a permanent appointment to an Intelligence
Senior Executive Service position (including a position in
which serving) unless selected for the permanent appointment
on a competitive basis.
``(4) In this subsection, the term `time limited
appointment' means an appointment (subject to the condition
in paragraph (2)) for a period not to exceed two years.
``(h) Termination of Civilian Intelligence Employees.--(1)
Notwithstanding any other provision of law, the Secretary of
Defense may terminate the employment of any employee in a
defense intelligence component position 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 head of a defense intelligence component
(with respect to employees of that component). An action to
terminate employment of such an employee by any such official
may be appealed to the Secretary of Defense.
``(i) Reductions and Other Adjustments in Force.--(1) The
Secretary of Defense, in consultation with the Director of
the Office of Personnel Management, shall prescribe
regulations for the separation of employees in defense
intelligence component positions, including members of the
Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, in a reduction in force
or other adjustment in force. The regulations shall apply to
such a reduction in force or other adjustment in force
notwithstanding sections 3501(b) and 3502 of title 5.
``(2) The regulations shall give effect to--
``(A) tenure of employment;
``(B) military preference, subject to sections 3501(a)(3)
and 3502(b) of title 5;
``(C) the veteran's preference under section 3502(b) of
title 5;
``(D) performance; and
``(E) length of service computed in accordance with the
second sentence of section 3502(a) of title 5.
``(2) The regulations relating to removal from the
Intelligence Senior Executive Service in a reduction in force
or other adjustment in force shall be consistent with section
3595(a) of title 5.
``(3)(A) The regulations shall provide a right of appeal
regarding a personnel action under the regulations. The
appeal shall be determined within the Department of Defense.
An appeal determined at the highest level provided in the
regulations shall be final and not subject to review outside
the Department of Defense. A personnel action covered by the
regulations is not subject to any other provision of law that
provides appellate rights or procedures.
``(B) Notwithstanding subparagraph (A), a preference
eligible referred to in section 7511(a)(1)(B) of title 5 may
appeal to the Merit Systems Protection Board any personnel
action taken under the regulations. Section 7701 of title 5
shall apply to any such appeal.
``(j) Applicability of Merit System Principles.--Section
2301 of title 5 shall apply to the exercise of authority
under this section.
``(k) Collective Bargaining Agreements.--Nothing in this
section may be construed to impair the continued
effectiveness of a collective bargaining agreement with
respect to an agency or office that is a successor to an
agency or office covered by the agreement before the
succession.
``(l) Notification of Congress.--At least 60 days before
the effective date of regulations prescribed to carry out
this section, the Secretary of Defense shall submit the
regulations to 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.
``(m) Definitions.--In this section:
``(1) The term `defense intelligence component position'
means a position of civilian employment as an intelligence
officer or employee of a defense intelligence component.
``(2) The term `defense intelligence component' means each
of the following components of the Department of Defense:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The Central Imagery Office.
``(D) Any component of a military department that performs
intelligence functions and is designated as a defense
intelligence component by the Secretary of Defense.
``(E) Any other component of the Department of Defense that
performs intelligence functions and is designated as a
defense intelligence component by the Secretary of Defense.
``(F) Any successor to a component listed in, or designated
pursuant to, this paragraph.
``(3) The term `Intelligence Senior Level position' means a
defense intelligence component position designated as an
Intelligence Senior Level position pursuant to subsection
(f).
``(4) The term `excepted service' has the meaning given
such term in section 2103 of title 5.
``(5) The term `preference eligible' has the meaning given
such term in section 2108(3) of title 5.
``(6) The term `Senior Executive Service position' has the
meaning given such term in section 3132(a)(2) of title 5.
``(7) The term `collective bargaining agreement' has the
meaning given such term in section 7103(8) of title 5.''.
SEC. 1133. REPEALS.
(a) Defense Intelligence Senior Executive Service.--
Sections 1601, 1603, and 1604 of title 10, United States
Code, are repealed.
(b) National Security Agency Personnel Management
Authorities.--(1) Sections 2 and 4 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note) are repealed.
(2) Section 303 of the Internal Security Act of 1950 (50
U.S.C. 833) is repealed.
SEC. 1134. CLERICAL AMENDMENTS.
(a) Amended Section Heading.--The item relating to section
1590 in the table of sections at the beginning of chapter 81
of title 10, United States Code, is amended to read as
follows:
``1590. Management of civilian intelligence personnel of the Department
of Defense.''.
(b) Repealed Sections.--The table of sections at the
beginning of chapter 83 of title 10, United States Code, is
amended by striking out the items relating to sections 1601,
1603, and 1604.
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:
[[Page S7584]]
(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.
TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1996''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials and
technologies are increasingly available from worldwide
sources. Technical information relating to such weapons is
readily available on the Internet, and raw materials for
chemical, biological, and radiological weapons are widely
available for legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a vast
array of nuclear, biological, and chemical weapons of mass
destruction.
(3) Many of the states of the former Soviet Union retain
the facilities, materials, and technologies capable of
producing additional quantities of weapons of mass
destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control systems,
deficiencies in accountability for weapons, weapons-related
materials and technologies, economic hardships, and
significant gaps in border control among the states of the
former Soviet Union. The problems of organized crime and
corruption in the states of the former Soviet Union increase
the potential for proliferation of nuclear, radiological,
biological, and chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially hostile
nations, terrorist groups, and individuals to acquire weapons
of mass destruction and related materials and technologies
from within the states of the former Soviet Union and from
unemployed scientists who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to acquire
nuclear, radiological, biological, and chemical weapons is
greater than any time in history.
(7) The President has identified North Korea, Iraq, Iran,
and Libya as hostile states which already possess some
weapons of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons
of mass destruction is well within the capability of many
extremist and terrorist movements, acting independently or as
proxies for foreign states.
(9) Foreign states can transfer weapons to or otherwise aid
extremist and terrorist movements indirectly and with
plausible deniability.
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States and
Japan, and a radiological attack in Russia.
(11) The potential for the national security of the United
States to be threatened by nuclear, radiological, chemical,
or biological terrorism must be taken as seriously as the
risk of an attack by long-range ballistic missiles carrying
nuclear weapons.
(12) There is a significant and growing threat of attack by
weapons of mass destruction on targets that are not military
targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of the
United States by nuclear, radiological, biological, and
chemical weapons delivered by unconventional means is
significant and growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or chemical
materials, even if such materials are not configured as
military weapons.
(15) Facilities required for production of radiological,
biological, and chemical weapons are much smaller and harder
to detect than nuclear weapons facilities, and biological,
and chemical weapons can be deployed by alternative delivery
means that are much harder to detect than long-range
ballistic missiles.
(16) Such delivery systems have no assignment of
responsibility, unlike ballistic missiles, for which a launch
location would be unambiguously known.
[[Page S7585]]
(17) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons, which might
be preferable to foreign states and nonstate organizations,
include cargo ships, passenger aircraft, commercial and
private vehicles and vessels, and commercial cargo shipments
routed through multiple destinations.
(18) Traditional arms control efforts assume large state
efforts with detectable manufacturing programs and weapons
production programs, but are ineffective in monitoring and
controlling smaller, though potentially more dangerous,
unconventional proliferation efforts.
(19) Conventional counterproliferation efforts would do
little to detect or prevent the rapid development of a
capability to suddenly manufacture several hundred chemical
or biological weapons with nothing but commercial supplies
and equipment.
(20) The United States lacks adequate planning and
countermeasures to address the threat of nuclear,
radiological, biological, and chemical terrorism.
(21) The Department of Energy has established a Nuclear
Emergency Response Team which is available in case of nuclear
or radiological emergencies, but no comparable units exist to
deal with emergencies involving biological, or chemical
weapons or related materials.
(22) State and local emergency response personnel are not
adequately prepared or trained for incidents involving
nuclear, radiological, biological, or chemical materials.
(23) Exercises of the Federal, State, and local response to
nuclear, radiological, biological, or chemical terrorism have
revealed serious deficiencies in preparedness and severe
problems of coordination.
(24) The development of, and allocation of responsibilities
for, effective countermeasures to nuclear, radiological,
biological, or chemical terrorism in the United States
requires well-coordinated participation of many Federal
agencies, and careful planning by the Federal Government and
State and local governments.
(25) Training and exercises can significantly improve the
preparedness of State and local emergency response personnel
for emergencies involving nuclear, radiological, biological,
or chemical weapons or related materials.
(26) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dismantling, and disposing of explosive
ordnance, as well as radiological, biological, and chemical
materials, can be a vital contribution to the development and
deployment of countermeasures against nuclear, biological,
and chemical weapons of mass destruction.
(27) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons of
mass destruction.
SEC. 1303. DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means any
weapon or device that is intended, or has the capability, to
cause death or serious bodily injury to a significant number
of people through the release, dissemination, or impact of--
(A) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235.
Subtitle A--Domestic Preparedness
SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall
carry out a program to provide civilian personnel of Federal,
State, and local agencies with training and expert advice
regarding emergency responses to a use or threatened use of a
weapon of mass destruction or related materials.
(2) The President may designate the head of an agency other
than the Department of Defense to assume the responsibility
for carrying out the program on or after October 1, 1999, and
relieve the Secretary of Defense of that responsibility upon
the assumption of the responsibility by the designated
official.
(3) Hereafter in this section, the official responsible for
carrying out the program is referred to as the ``lead
official''.
(b) Coordination.--In carrying out the program, the lead
official shall coordinate with each of the following
officials who is not serving as the lead official:
(1) The Director of the Federal Emergency Management
Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local
government agencies that have an expertise or
responsibilities relevant to emergency responses described in
subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible
to receive assistance under the program are civilian
personnel of Federal, State, and local agencies who have
emergency preparedness responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead
official may use personnel and capabilities of Federal
agencies outside the agency of the lead official to provide
training and expert advice under the program.
(2)(A) Personnel used under paragraph (1) shall be
personnel who have special skills relevant to the particular
assistance that the personnel are to provide.
(B) Capabilities used under paragraph (1) shall be
capabilities that are especially relevant to the particular
assistance for which the capabilities are used.
(e) Available Assistance.--Assistance available under this
program shall include the following:
(1) Training in the use, operation, and maintenance of
equipment for--
(A) detecting a chemical or biological agent or nuclear
radiation;
(B) monitoring the presence of such an agent or radiation;
(C) protecting emergency personnel and the public; and
(D) decontamination.
(2) Establishment of a designated telephonic link (commonly
referred to as a ``hot line'') to a designated source of
relevant data and expert advice for the use of State or local
officials responding to emergencies involving a weapon of
mass destruction or related materials.
(3) Use of the National Guard and other reserve components
for purposes authorized under this section that are specified
by the lead official (with the concurrence of the Secretary
of Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law
Enforcement Agencies.--Assistance provided by the Department
of Defense to law enforcement agencies under this section
shall be provided under the authority of, and subject to the
restrictions provided in, chapter 18 of title 10, United
States Code.
(g) Administration of Department of Defense Assistance.--
The Secretary of Defense shall designate an official within
the Department of Defense to serve as the executive agent of
the Secretary for the coordination of the provision of
Department of Defense assistance under this section.
(h) Funding.--(1) Of the total amount authorized to be
appropriated under section 301, $35,000,000 is available for
the program required under this section.
(2) Of the amount available for the program pursuant to
paragraph (1), $10,500,000 is available for use by the
Secretary of Defense to assist the Surgeon General of the
United States in the establishment of metropolitan emergency
medical response teams (commonly referred to as
``Metropolitan Medical Strike Force Teams'') to provide
medical services that are necessary or potentially necessary
by reason of a use or threatened use of a weapon of mass
destruction.
(3) The amount available for the program under paragraph
(1) is in addition to any other amounts authorized to be
appropriated for the program under section 301.
SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY
RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the
executive agent for--
(1) the coordination of Department of Defense assistance to
Federal, State, and local officials in responding to threats
involving biological or chemical weapons or related materials
or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of biological and
chemical weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance to
the Department of Energy in carrying out that department's
responsibilities under subsection (b).
(b) Department of Energy.--The Secretary of Energy shall
designate an official within the Department of Energy as the
executive agent for--
(1) the coordination of Department of Energy assistance to
Federal, State, and local officials in responding to threats
involving nuclear weapons or related materials or
technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear weapons
and related materials and technologies; and
(2) the coordination of Department of Energy assistance to
the Department of Defense in carrying out that department's
responsibilities under subsection (a).
(c) Funding.--(1)(A) Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
providing assistance described in subsection (a).
(B) The amount available under subparagraph (A) for
providing assistance described in subsection (a) is in
addition to any other amounts authorized to be appropriated
under section 301 for that purpose.
(2)(A) Of the total amount authorized to be appropriated
under title XXXI, $15,000,000 is available for providing
assistance described in subsection (b).
(B) The amount available under subparagraph (A) for
providing assistance is in addition to any other amounts
authorized to be appropriated under title XXXI for that
purpose.
SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT
OFFICIALS IN EMERGENCY SITUATIONS INVOLVING
BIOLOGICAL OR CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) The chapter 18 of title 10,
United States Code, is amended by adding at the end the
following:
[[Page S7586]]
``Sec. 382. Emergency situations involving chemical or
biological weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the
request of the Attorney General, may provide assistance in
support of Department of Justice activities relating to the
enforcement of section 175 or 2332c of title 18 during an
emergency situation involving a biological or chemical weapon
of mass destruction. Department of Defense resources,
including personnel of the Department of Defense, may be used
to provide such assistance if--
``(1) the Secretary of Defense and the Attorney General
jointly determine that an emergency situation exists; and
``(2) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(b) Emergency Situations Covered.--As used in this
section, the term `emergency situation involving a biological
or chemical weapon of mass destruction' means a circumstance
involving a biological or chemical weapon of mass
destruction--
``(1) that poses a serious threat to the interests of the
United States; and
``(2) in which--
``(A) civilian expertise and capabilities are not readily
available to provide the required assistance to counter the
threat immediately posed by the weapon involved;
``(B) special capabilities and expertise of the Department
of Defense are necessary and critical to counter the threat
posed by the weapon involved; and
``(C) enforcement of section 175 or 2332c of title 18 would
be seriously impaired if the Department of Defense assistance
were not provided.
``(c) Forms of Assistance.--The assistance referred to in
subsection (a) includes the operation of equipment (including
equipment made available under section 372 of this title) to
monitor, contain, disable, or dispose of the weapon involved
or elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the
Attorney General shall jointly issue regulations concerning
the types of assistance that may be provided under this
section. Such regulations shall also describe the actions
that Department of Defense personnel may take in
circumstances incident to the provision of assistance under
this section.
``(2)(A) Except as provided in subparagraph (B), the
regulations may not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a search for
or seizure of evidence related to a violation of section 175
or 2332c of title 18.
``(iii) Any direct participation in the collection of
intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the immediate
protection of human life, and civilian law enforcement
officials are not capable of taking the action.
``(ii) The action is otherwise authorized under subsection
(c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall
require reimbursement as a condition for providing assistance
under this section to the extent required under section 377
of this title.
``(f) Delegations of Authority.--(1) Except to the extent
otherwise provided by the Secretary of Defense, the Deputy
Secretary of Defense may exercise the authority of the
Secretary of Defense under this section. The Secretary of
Defense may delegate the Secretary's authority under this
section only to an Under Secretary of Defense or an Assistant
Secretary of Defense and only if the Under Secretary or
Assistant Secretary to whom delegated has been designated by
the Secretary to act for, and to exercise the general powers
of, the Secretary.
``(2) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this section. The
Attorney General may delegate that authority only to the
Associate Attorney General or an Assistant Attorney General
and only if the Associate Attorney General or Assistant
Attorney General to whom delegated has been designated by the
Attorney General to act for, and to exercise the general
powers of, the Attorney General.
``(g) Relationship to Other Authority.--Nothing in this
section shall be construed to restrict any executive branch
authority regarding use of members of the armed forces or
equipment of the Department of Defense that was in effect
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``382. Emergency situations involving chemical or biological weapons of
mass destruction.''.
(b) Conforming Amendment to Condition for Providing
Equipment and Facilities.--Section 372(b)(1) of title 10,
United States Code, is amended by adding at the end the
following: ``The requirement for a determination that an item
is not reasonably available from another source does not
apply to assistance provided under section 382 of this title
pursuant to a request of the Attorney General for the
assistance.''.
(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States
Code, is amended by inserting after section 175 the
following:
``Sec. 175a. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in
support of Department of Justice activities relating to the
enforcement of section 175 of this title in an emergency
situation involving a biological weapon of mass destruction.
The authority to make such a request may be exercised by
another official of the Department of Justice in accordance
with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
175 the following:
``175a. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code,
that relates to terrorism is amended by inserting after
section 2332c the following:
``Sec. 2332d. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in
support of Department of Justice activities relating to the
enforcement of section 2332c of this title during an
emergency situation involving a chemical weapon of mass
destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in
accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2332c the following:
``2332d. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(d) Civilian Expertise.--The President shall take
reasonable measures to reduce the reliance of civilian law
enforcement officials on Department of Defense resources to
counter the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within
the United States. The measures shall include--
(1) actions to increase civilian law enforcement expertise
to counter such a threat; and
(2) actions to improve coordination between civilian law
enforcement officials and other civilian sources of
expertise, within and outside the Federal Government, to
counter such a threat.
(e) Reports.--The President shall submit to Congress the
following reports:
(1) Not later than 90 days after the date of the enactment
of this Act, a report describing the respective policy
functions and operational roles of Federal agencies in
countering the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within
the United States.
(2) Not later than one year after such date, a report
describing--
(A) the actions planned to be taken to carry out subsection
(d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a report
updating the information provided in the reports submitted
pursuant to paragraphs (1) and (2), including the measures
taken pursuant to subsection (d).
SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--
(1) The Secretary of Defense shall develop and carry out a
program for testing and improving the responses of Federal,
State, and local agencies to emergencies involving biological
weapons and related materials and emergencies involving
chemical weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of Energy, and the
heads of any other Federal, State, and local government
agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological
Weapons.--(1) The Secretary of Energy shall develop and carry
out a program for testing and improving the responses of
Federal, State, and local agencies to emergencies involving
nuclear and radiological weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of Defense, and
the heads of any other Federal, State, and local government
agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
[[Page S7587]]
(c) Annual Revisions of Programs.--The official responsible
for carrying out a program developed under subsection (a) or
(b) shall revise the program not later than June 1 in each
fiscal year covered by the program. The revisions shall
include adjustments that the official determines necessary or
appropriate on the basis of the lessons learned from the
exercise or exercises carried out under the program in the
fiscal year, including lessons learned regarding coordination
problems and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President
may designate the head of an agency outside the Department of
Defense to assume the responsibility for carrying out the
program developed under subsection (a) beginning on or after
October 1, 1999, and relieve the Secretary of Defense of that
responsibility upon the assumption of the responsibility by
the designated official.
(2) The President may designate the head of an agency
outside the Department of Energy to assume the responsibility
for carrying out the program developed under subsection (b)
beginning on or after October 1, 1999, and relieve the
Secretary of Energy of that responsibility upon the
assumption of the responsibility by the designated official.
(e) Funding.--(1) Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
the development and execution of the programs required by
this section, including the participation of State and local
agencies in exercises carried out under the programs.
(2) The amount available under paragraph (1) for the
development and execution of programs referred to in that
paragraph is in addition to any other amounts authorized to
be appropriated under section 301 for such purposes.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1321. UNITED STATES BORDER SECURITY.
(a) Procurement of Detection Equipment.--(1) Of the amount
authorized to be appropriated by section 301, $15,000,000 is
available for the procurement of--
(A) equipment capable of detecting the movement of weapons
of mass destruction and related materials into the United
States;
(B) equipment capable of interdicting the movement of
weapons of mass destruction and related materials into the
United States; and
(C) materials and technologies related to use of equipment
described in subparagraph (A) or (B).
(2) The amount available under paragraph (1) for the
procurement of items referred to in that paragraph is in
addition to any other amounts authorized to be appropriated
under section 301 for such purpose.
(b) Availability of Equipment to Commissioner of Customs.--
To the extent authorized under chapter 18 of title 10, United
States Code, the Secretary of Defense may make equipment of
the Department of Defense described in subsection (a), and
related materials and technologies, available to the
Commissioner of Customs for use in detecting and interdicting
the movement of weapons of mass destruction into the United
States.
SEC. 1322. NONPROLIFERATION AND COUNTER-
PROLIFERATION RESEARCH AND DEVELOPMENT.
(a) Activities Authorized.--The Secretary of Defense and
the Secretary of Energy are each authorized to carry out
research on and development of technical means for detecting
the presence, transportation, production, and use of weapons
of mass destruction and technologies and materials that are
precursors of weapons of mass destruction.
(b) Funding.--(1)(A) There is authorized to be appropriated
for the Department of Defense for fiscal year 1997,
$10,000,000 for research and development carried out by the
Secretary of Defense pursuant to subsection (a).
(B) The amount authorized to be appropriated for research
and development under subparagraph (A) is in addition any
other amounts that are authorized to be appropriated under
this Act for such research and development, including funds
authorized to be appropriated for research and development
relating to nonproliferation of weapons of mass destruction.
(2)(A) Of the total amount authorized to be appropriated
under title XXXI, $19,000,000 is available for research and
development carried out by the Secretary of Energy pursuant
to subsection (a).
(B) The amount available under subparagraph (B) is in
addition to any other amount authorized to be appropriated
under title XXXI for such research and development.
SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)(B), by striking out ``importation
or exportation of,'' and inserting in lieu thereof
``importation, exportation, or attempted importation or
exportation of,''; and
(2) in subsection (b)(3), by striking out ``importation
from any country, or the exportation'' and inserting in lieu
thereof ``importation or attempted importation from any
country, or the exportation or attempted exportation''.
SEC. 1324. CRIMINAL PENALTIES.
It is the sense of Congress that--
(1) the sentencing guidelines prescribed by the United
States Sentencing Commission for the offenses of importation,
attempted importation, exportation, and attempted exportation
of nuclear, biological, and chemical weapons materials
constitute inadequate punishment for such offenses; and
(2) Congress urges the United States Sentencing Commission
to revise the relevant sentencing guidelines to provide for
increased penalties for offenses relating to importation,
attempted importation, exportation, and attempted exportation
of nuclear, biological, or chemical weapons or related
materials or technologies under--
(A) section 11 of the Export Administration Act of 1979 (50
U.S.C. App. 2410);
(B) sections 38 and 40 the Arms Export Control Act (22
U.S.C. 2778 and 2780);
(C) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); and
(D) section 309(c) of the Nuclear Non-Proliferation Act of
1978 (22 U.S.C. 2156a(c).
SEC. 1325. INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of
Defense, in consultation and cooperation with the
Commissioner of Customs, shall carry out programs for
assisting customs officials and border guard officials in the
independent states of the former Soviet Union, the Baltic
states, and other countries of Eastern Europe in preventing
unauthorized transfer and transportation of nuclear,
biological, and chemical weapons and related materials.
Training, expert advice, maintenance of equipment, loan of
equipment, and audits may be provided under or in connection
with the programs.
(b) Funding.--(1) Of the total amount authorized to be
appropriated by section 301, $15,000,000 is available for
carrying out the programs referred to in subsection (a).
(2) The amount available under paragraph (1) for programs
referred to in that paragraph is in addition to any other
amounts authorized to be appropriated under section 301 for
such programs.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1331. PROTECTION AND CONTROL OF MATERIALS CONSTITUTING A
THREAT TO THE UNITED STATES.
(a) Department of Energy Program.--Subject to subsection
(c)(1), the Secretary of Energy may, under materials
protection, control, and accounting assistance of the
Department of Energy, provide assistance for securing from
theft or other unauthorized disposition nuclear materials
that are not so secured and are located at any site within
the former Soviet Union where effective controls for securing
such materials are not in place.
(b) Department of Defense Program.--Subject to subsection
(c)(2), the Secretary of Defense may provide materials
protection, control, and accounting assistance under the
Cooperative Threat Reduction Programs of the Department of
Defense for securing from theft or other unauthorized
disposition, or for destroying, nuclear, radiological,
biological, or chemical weapons (or related materials) that
are not so secure and are located at any site within the
former Soviet Union where effective controls for securing
such weapons are not in place.
(c) Funding.--(1)(A) Of the total amount authorized to be
appropriated under title XXXI, $15,000,000 is available for
materials protection, control, and accounting assistance of
the Department of Energy for providing assistance under
subsection (a).
(B) The amount available under subparagraph (A) is in
addition to any other funds that are authorized to be
appropriated under title XXXI for materials protection,
control, and accounting assistance of the Department of
Energy.
(2)(A) Of the total amount authorized to be appropriated
under section 301, $10,000,000 is available for the
Cooperative Threat Reduction Programs of the Department of
Defense for providing materials protection, control, and
accounting assistance under subsection (b).
(B) The amount available under subparagraph (A) is in
addition to any other funds that are authorized to be
appropriated by section 301 for materials protection,
control, and accounting assistance of the Department of
Defense.
SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CONVERSION OF
WEAPONS AND MATERIALS.
(a) Funding for Cooperative Activities for Development of
Technologies.--Of the total amount authorized to be
appropriated under title XXXI, $10,000,000 is available for
continuing and expediting cooperative activities with the
Government of Russia to develop and deploy--
(1) technologies for improving verification of nuclear
warhead dismantlement;
(2) technologies for converting plutonium from weapons into
forms that--
(A) are better suited for long-term storage than are the
forms from which converted;
(B) facilitate verification; and
(C) are suitable for nonweapons use; and
(3) technologies that promote openness in Russian
production, storage, use, and final and interim disposition
of weapon-usable fissible material, including at tritium/
isotope production reactors, uranium enrichment plants,
chemical separation plants, and fabrication facilities
associated with naval and civil research reactors.
(b) Weapons-Usable Fissile Materials To Be Covered by
Cooperative Threat Reduction Programs on Elimination or
Transportation of Nuclear Weapons.--Section 1201(b)(1) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 469; 22 U.S.C. 5955
[[Page S7588]]
note) is amended by inserting ``, fissile material suitable
for use in nuclear weapons,'' after ``other weapons''.
SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Defense, in
consultation with the Secretary of Energy, shall develop a
cooperative program with the Government of Russia to
eliminate the production of weapons grade plutonium by
modifying or replacing the reactor cores at Tomsk-7 and
Krasnoyarsk-26 with reactor cores that are less suitable for
the production of weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be
designed to achieve completion of the modifications or
replacements of the reactor cores within three years after
the modification or replacement activities under the program
are begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or replacement of
the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is
necessary for carrying out the activities under the program
for each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the
benefits of other nonproliferation programs.
(d) Funding for Initial Phase.--(1) Of the total amount
authorized to be appropriated by section 301 other than for
Cooperative Threat Reduction programs, $16,000,000 is
available for the initial phase of the program under
subsection (a).
(2) The amount available for the initial phase of the
reactor modification or replacement program under paragraph
(1) is in addition to amounts authorized to be appropriated
for Cooperative Threat Reduction programs under section
301(20).
SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DEMILITARIZE
WEAPONS OF MASS DESTRUCTION PRODUCTION
FACILITIES.
(a) Department of Energy Program.--The Secretary of Energy
shall expand the Industrial Partnership Program of the
Department of Energy to include coverage of all of the
independent states of the former Soviet Union.
(b) Department of Defense Program.--The Secretary of
Defense shall establish a program to support the
dismantlement or conversion of the biological and chemical
weapons facilities in the independent states of the former
Soviet Union to uses for nondefense purposes. The Secretary
may carry out such program in conjunction with, or separately
from, the organization designated as the Defense Enterprise
Fund (formerly designated as the ``Demilitarization
Enterprise Fund'' under section 1204 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
22 U.S.C. 5953)).
(c) Funding for Department of Defense Program.--(1)(A) Of
the total amount authorized to be appropriated under section
301, $15,000,000 is available for the program under
subsection (b).
(B) The amount available under subparagraph (A) for the
industrial partnership program of the Department of Defense
established pursuant to subsection (b) is in addition to the
amount authorized to be appropriated for Cooperative Threat
Reduction programs under section 301.
(2) It is the sense of Congress that the Secretary of
Defense should transfer to the Defense Enterprise Fund,
$20,000,000 out of the funds appropriated for Cooperative
Threat Reduction programs for fiscal years before fiscal year
1997 that remain available for obligation.
SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY AND
SECURITY OF NUCLEAR MATERIALS.
(a) Program Expansion Authorized.--The Secretary of Energy
is authorized to expand the Lab-to-Lab program of the
Department of Energy to improve the safety and security of
nuclear materials in the independent states of the former
Soviet Union where the Lab-to-Lab program is not being
carried out on the date of the enactment of this Act.
(b) Funding.--(1) Of the total amount authorized to be
appropriated under title XXXI, $20,000,000 is available for
expanding the Lab-to-Lab program as authorized under
subsection (a).
(2) The amount available under paragraph (1) is in addition
to any other amount otherwise available for the Lab-to-Lab
program.
SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF HIGHLY
ENRICHED URANIUM USED FOR PROPULSION OF RUSSIAN
SHIPS.
(a) Responsible United States Official.--The Secretary of
Energy shall be responsible for carrying out United States
cooperative activities with the Government of the Russian
Federation on improving the security of highly enriched
uranium that is used for propulsion of Russian military and
civilian ships.
(b) Plan Required.--(1) The Secretary shall develop and
periodically update a plan for the cooperative activities
referred to in subsection (a).
(2) The Secretary shall coordinate the development and
updating of the plan with the Secretary of Defense. The
Secretary of Defense shall involve the Joint Chiefs of Staff
in the coordination.
(c) Funding.--(1) Of the total amount authorized to be
appropriated by title XXXI, $6,000,000 is available for
materials protection, control, and accounting program of the
Department of Energy for the cooperative activities referred
to in subsection (a).
(2) The amount available for the Department of Energy for
materials protection, control, and accounting program under
paragraph (1) is in addition to other amounts authorized to
be appropriated by title XXXI for such program.
SEC. 1337. MILITARY-TO-MILITARY RELATIONS.
(a) Funding.--Of the total amount authorized to be
appropriated under section 301, $2,000,000 is available for
expanding military-to-military programs of the United States
that focus on countering the threats of proliferation of
weapons of mass destruction so as to include the security
forces of independent states of the former Soviet Union,
particularly states in the Caucasus region and Central Asia.
(b) Relationship to Other Funding Authority.--The amount
available for expanding military-to-military programs under
subsection (a) is in addition to the amount authorized to be
appropriated for Cooperative Threat Reduction programs under
section 301.
SEC. 1338. TRANSFER AUTHORITY.
(a) Secretary of Defense.--(1) To the extent provided in
appropriations Acts, the Secretary of Defense may transfer
amounts appropriated pursuant to this subtitle for the
Department of Defense for programs and authorities under this
subtitle to appropriations available for programs authorized
under subtitle A.
(2) Amounts so transferred shall be merged with the
appropriations to which transferred and shall be available
for the programs for which the amounts are transferred.
(3) The transfer authority under paragraph (1) is in
addition to any other transfer authority provided by this
Act.
(b) Secretary of Energy.--(1) To the extent provided in
appropriations Acts, the Secretary of Energy may transfer
amounts appropriated pursuant to this subtitle for the
Department of Energy for programs and authorities under this
subtitle to appropriations available for programs authorized
under subtitle A.
(2) Amounts so transferred shall be merged with the
appropriations to which transferred and shall be available
for the programs for which the amounts are transferred.
(3) The transfer authority under paragraph (1) is in
addition to any other transfer authority provided by this
Act.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate
an individual to serve in the Executive Office of the
President as the National Coordinator for Nonproliferation
Matters.
(b) Duties.--The Coordinator shall have the following
responsibilities:
(1) To be the principal adviser to the President on
nonproliferation of weapons of mass destruction, including
issues related to terrorism, arms control, and international
organized crime.
(2) To chair the Committee on Nonproliferation established
under section 1342.
(3) To take such actions as are necessary to ensure that
there is appropriate emphasis in, cooperation on, and
coordination of, nonproliferation research efforts of the
United States, including activities of Federal agencies as
well as activities of contractors funded by the Federal
Government.
(c) Relationship to Certain Senior Directors of National
Security Council.--(1) The senior directors of the National
Security Council report to the Coordinator regarding the
following matters:
(A) Nonproliferation of weapons of mass destruction and
related issues.
(B) Management of crises involving use or threatened use of
weapons of mass destruction, and on management of the
consequences of the use or threatened use of such a weapon.
(C) Terrorism, arms control, and organized crime issues
that relate to the threat of proliferation of weapons of mass
destruction.
(2) Nothing in paragraph (1) shall be construed to affect
the reporting relationship between a senior director and the
Assistant to the President for National Security Affairs or
any other supervisor regarding matters other than matters
described in paragraph (1).
(d) Allocation of Funds.--Of the total amount authorized to
be appropriated under section 201, $2,000,000 is available
for carrying out research referred to in subsection (b)(3).
Such amount is in addition to any other amounts authorized to
be appropriated under section 201 for such purpose.
SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON
NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in
this section referred to as the ``Committee'') is established
as a committee of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of the
following:
(A) The Secretary of State.
(B) The Secretary of Defense.
[[Page S7589]]
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency Management
Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may designate.
(2) The National Coordinator for Nonproliferation Matters
shall chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs, policies,
and directives relating to the proliferation of weapons of
mass destruction and related materials and technologies,
including matters relating to terrorism and international
organized crime.
(2) To make recommendations to the President regarding the
following:
(A) Integrated national policies for countering the threats
posed by weapons of mass destruction.
(B) Options for integrating Federal agency budgets for
countering such threats.
(C) Means to ensure that the Federal, State, and local
governments have adequate capabilities to manage crises
involving nuclear, radiological, biological, or chemical
weapons or related materials or technologies, and to manage
the consequences of a use of such a weapon or related
materials or technologies, and that use of those capabilities
is coordinated.
(D) Means to ensure appropriate cooperation on, and
coordination of, the following:
(i) Preventing the smuggling of weapons of mass destruction
and related materials and technologies.
(ii) Promoting domestic and international law enforcement
efforts against proliferation-related efforts.
(iii) Countering the involvement of organized crime groups
in proliferation-related activities.
(iv) Safeguarding weapons of mass destruction materials and
related technologies.
(v) Improving coordination and cooperation among
intelligence activities, law enforcement, and the Departments
of Defense, State, Commerce, and Energy in support of
nonproliferation and counterproliferation efforts.
(vi) Ensuring the continuation of effective export controls
over materials and technologies that can contribute to the
acquisition of weapons of mass destruction.
(vii) Reducing proliferation of weapons of mass destruction
and related materials and technologies.
SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the
Committee on Nonproliferation established under section 1342,
shall develop a comprehensive program for carrying out this
title.
(b) Content of Program.--The program set forth in the
report shall include specific plans as follows:
(1) Plans for countering proliferation of weapons of mass
destruction and related materials and technologies.
(2) Plans for training and equipping Federal, State, and
local officials for managing a crisis involving a use or
threatened use of a weapon of mass destruction, including the
consequences of the use of such a weapon.
(3) Plans for providing for regular sharing of information
among intelligence, law enforcement, and customs agencies.
(4) Plans for training and equipping law enforcement units,
customs services, and border security personnel to counter
the smuggling of weapons of mass destruction and related
materials and technologies.
(5) Plans for establishing appropriate centers for
analyzing seized nuclear, radiological, biological, and
chemical weapons, and related materials and technologies.
(6) Plans for establishing in the United States appropriate
legal controls and authorities relating to the exporting of
nuclear, radiological, biological, and chemical weapons, and
related materials and technologies.
(7) Plans for encouraging and assisting governments of
foreign countries to implement and enforce laws that set
forth appropriate penalties for offenses regarding the
smuggling of weapons of mass destruction and related
materials and technologies.
(8) Plans for building the confidence of the United States
and Russia in each other's controls over United States and
Russian nuclear weapons and fissile materials, including
plans for verifying the dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian stockpiles
of excess plutonium, reflecting--
(A) consideration of the desirability and feasibility of a
United States-Russian agreement governing fissile material
disposition and the specific technologies and approaches to
be used for disposition of excess plutonium; and
(B) an assessment of the options for United States
cooperation with Russia in the disposition of Russian
plutonium.
(10) Plans for studying the merits and costs of
establishing a global network of means for detecting and
responding to terroristic or other criminal use of biological
agents against people or other forms of life in the United
States or any foreign country.
(c) Report.--(1) At the same time that the President
submits the budget for fiscal year 1998 to Congress pursuant
to section 1105(a) of title 31, United States Code, the
President shall submit to Congress a report that sets forth
the comprehensive program developed under subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are required
under subsection (b).
(B) Estimates of the funds necessary for carrying out such
plans in fiscal year 1998.
(3) The report shall be in an unclassified form. If there
is a classified version of the report, the President shall
submit the classified version at the same time.
SEC. 1344. TERMINATION.
After September 30, 1999, the President--
(1) is not required to maintain a National Coordinator for
Nonproliferation Matters under section 1341; and
(2) may terminate the Committee on Nonproliferation
established under section 1342.
Subtitle E--Miscellaneous
SEC. 1351. CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense,
the Secretary of Energy, the Secretary of the Treasury, and
the Secretary of State--
(1) in the administration of funds available to such
officials in accordance with this title, should (to the
extent possible under law) contract directly with suppliers
in independent states of the former Soviet Union to
facilitate the purchase of goods and services necessary to
carry out effectively the programs and authorities provided
or referred to in subtitle C; and
(2) to do so should seek means, consistent with law, to
utilize innovative contracting approaches to avoid delay and
increase the effectiveness of such programs and of the
exercise of such authorities.
SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT
REDUCTION PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The various Cooperative Threat Reduction programs are
being carried out at different rates in the various countries
covered by such programs.
(2) It is necessary to authorize transfers of funding
allocations among the various programs in order to maximize
the effectiveness of United States efforts under such
programs.
(b) Transfers Authorized.--Funds appropriated for the
purposes set forth in subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 409) may be used for any such
purpose without regard to the allocation set forth in that
section and without regard to subsection (b) of such section.
SEC. 1353. ADDITIONAL CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and other
United States programs that are derived from programs
established under the Former Soviet Union Demilitarization
Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 2901
et seq.) should be expanded by offering assistance under
those programs to other independent states of the former
Soviet Union in addition to Russia, Ukraine, Kazakstan, and
Belarus; and
(2) the President should offer assistance to additional
independent states of the former Soviet Union in each case in
which the participation of such states would benefit national
security interests of the United States by improving border
controls and safeguards over materials and technology
associated with weapons of mass destruction.
(b) Extension of Coverage.--Assistance under programs
referred to in subsection (a) may, notwithstanding any other
provision of law, be extended to include an independent state
of the former Soviet Union if the President certifies to
Congress that it is in the national interests of the United
States to extend the assistance to that state.
SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM
RUSSIAN HIGHLY ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that
the allies of the United States and other nations should
participate in efforts to ensure that stockpiles of weapons-
grade nuclear material are reduced.
(b) Actions by the Secretary of State.--Congress urges the
Secretary of State to encourage, in consultation with the
Secretary of Energy, other countries to purchase low-enriched
uranium that is derived from highly enriched uranium
extracted from Russian nuclear weapons.
SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION OF FISSILE
MATERIALS AT RISK OF THEFT.
It is the sense of Congress that--
(1) the Secretary of Defense, the Secretary of Energy, the
Secretary of the Treasury, and the Secretary of State should
purchase, package, and transport to secure locations weapons-
grade nuclear materials from a stockpile of such materials if
such officials determine that--
(A) there is a significant risk of theft of such materials;
and
(B) there is no reasonable and economically feasible
alternative for securing such materials; and
(2) if it is necessary to do so in order to secure the
materials, the materials should be imported into the United
States, subject to the laws and regulations that are
applicable to the importation of such materials into the
United States.
SEC. 1356. REDUCTIONS IN AUTHORIZATION OF APPROPRIATIONS.
(a) Navy RDT&E.--(1) The total amount authorized to be
appropriated under section 201(2) is reduced by $150,000,000.
[[Page S7590]]
(2) The reduction in paragraph (1) shall be applied to
reduce by $150,000,000 the amount authorized to be
appropriated under section 201(2) for the Distributed
Surveillance System.
(b) Operations and Maintenance, Defense-Wide.--The total
amount authorized to be appropriated under section 301(5) is
reduced by $85,000,000.
TITLE XIV--FEDERAL EMPLOYEE TRAVEL REFORM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Travel Reform and Savings
Act of 1996''.
Subtitle A--Relocation Benefits
SEC. 1411. MODIFICATION OF ALLOWANCE FOR SEEKING PERMANENT
RESIDENCE QUARTERS.
Section 5724a of title 5, United States Code, is amended to
read as follows:
``Sec. 5724a. Relocation expenses of employees transferred or
reemployed
``(a) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government, a per diem
allowance or the actual subsistence expenses, or a
combination thereof, of the immediate family of the employee
for en route travel of the immediate family between the
employee's old and new official stations.
``(b)(1) An agency may pay to or on behalf of an employee
who transfers in the interest of the Government between
official stations located within the United States--
``(A) the expenses of transportation, and either a per diem
allowance or the actual subsistence expenses, or a
combination thereof, of the employee and the employee's
spouse for travel to seek permanent residence quarters at a
new official station; or
``(B) the expenses of transportation, and an amount for
subsistence expenses in lieu of a per diem allowance or the
actual subsistence expenses or a combination thereof,
authorized in subparagraph (A) of this paragraph.
``(2) Expenses authorized under this subsection may be
allowed only for one round trip in connection with each
change of station of the employee.''.
SEC. 1412. MODIFICATION OF TEMPORARY QUARTERS SUBSISTENCE
EXPENSES ALLOWANCE.
Section 5724a of title 5, United States Code, is further
amended by adding at the end the following new subsection:
``(c)(1) An agency may pay to or on behalf of an employee
who transfers in the interest of the Government--
``(A) actual subsistence expenses of the employee and the
employee's immediate family for a period of up to 60 days
while occupying temporary quarters when the new official
station is located within the United States as defined in
subsection (d) of this section; or
``(B) an amount for subsistence expenses instead of the
actual subsistence expenses authorized in subparagraph (A) of
this paragraph.
``(2) The period authorized in paragraph (1) of this
subsection for payment of expenses for residence in temporary
quarters may be extended up to an additional 60 days if the
head of the agency concerned or the designee of such head of
the agency determines that there are compelling reasons for
the continued occupancy of temporary quarters.
``(3) The regulations implementing paragraph (1)(A) shall
prescribe daily rates and amounts for subsistence expenses
per individual.''.
SEC. 1413. MODIFICATION OF RESIDENCE TRANSACTION EXPENSES
ALLOWANCE.
(a) Expenses of Sale.--Section 5724a of title 5, United
States Code, is further amended by adding at the end the
following new subsection:
``(d)(1) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government, expenses of
the sale of the residence (or the settlement of an unexpired
lease) of the employee at the old official station and
purchase of a residence at the new official station that are
required to be paid by the employee, when the old and new
official stations are located within the United States.
``(2) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government from a post
of duty located outside the United States to an official
station within the United States (other than the official
station within the United States from which the employee was
transferred when assigned to the foreign tour of duty)--
``(A) expenses required to be paid by the employee of the
sale of the residence (or the settlement of an unexpired
lease) of the employee at the old official station from which
the employee was transferred when the employee was assigned
to the post of duty located outside the United States; and
``(B) expenses required to be paid by the employee of the
purchase of a residence at the new official station within
the United States.
``(3) Reimbursement of expenses under paragraph (2) of this
subsection shall not be allowed for any sale (or settlement
of an unexpired lease) or purchase transaction that occurs
prior to official notification that the employee's return to
the United States would be to an official station other than
the official station from which the employee was transferred
when assigned to the post of duty outside the United States.
``(4) Reimbursement for brokerage fees on the sale of the
residence and other expenses under this subsection may not
exceed those customarily charged in the locality where the
residence is located.
``(5) Reimbursement may not be made under this subsection
for losses incurred by the employee on the sale of the
residence.
``(6) This subsection applies regardless of whether title
to the residence or the unexpired lease is--
``(A) in the name of the employee alone;
``(B) in the joint names of the employee and a member of
the employee's immediate family; or
``(C) in the name of a member of the employee's immediate
family alone.
``(7)(A) In connection with the sale of the residence at
the old official station, reimbursement under this subsection
shall not exceed 10 percent of the sale price.
``(B) In connection with the purchase of a residence at the
new official station, reimbursement under this subsection
shall not exceed 5 percent of the purchase price.
``(8) For purposes of this subsection, the term `United
States' means the several States of the United States, the
District of Columbia, the territories and possessions of the
United States, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and the areas
and installations in the Republic of Panama made available to
the United States pursuant to the Panama Canal Treaty of 1977
and related agreements (as described in section 3(a) of the
Panama Canal Act of 1979).''.
(b) Relocation Services.--Section 5724c of title 5, United
State Code, is amended to read as follows:
``Sec. 5724c. Relocation services
``Under regulations prescribed under section 5737, each
agency may enter into contracts to provide relocation
services to agencies and employees for the purpose of
carrying out this subchapter. An agency may pay a fee for
such services. Such services include arranging for the
purchase of a transferred employee's residence.''.
SEC. 1414. AUTHORITY TO PAY FOR PROPERTY MANAGEMENT SERVICES.
Section 5724a of title 5, United States Code, is further
amended--
(1) in subsection (d) (as added by section 1413 of this
title)--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following new
paragraph:
``(8) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government, expenses of
property management services when the agency determines that
such transfer is advantageous and cost-effective to the
Government, instead of expenses under paragraph (2) or (3) of
this subsection, for sale of the employee's residence.''; and
(2) by adding at the end the following new subsection:
``(e) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government, the expenses of
property management services when the employee transfers to a
post of duty outside the United States as defined in
subsection (d) of this section. Such payment shall terminate
upon return of the employee to an official station within the
United States as defined in subsection (d) of this
section.''.
SEC. 1415. AUTHORITY TO TRANSPORT A PRIVATELY OWNED MOTOR
VEHICLE WITHIN THE CONTINENTAL UNITED STATES.
(a) In General.--Section 5727 of title 5, United States
Code, is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) Under regulations prescribed under section 5737, the
privately owned motor vehicle or vehicles of an employee,
including a new appointee or a student trainee for whom
travel and transportation expenses are authorized under
section 5723, may be transported at Government expense to a
new official station of the employee when the agency
determines that such transport is advantageous and cost-
effective to the Government.''; and
(3) in subsection (e) (as so redesignated), by striking
``subsection (b) of this section'' and by inserting
``subsection (b) or (c) of this section''.
(b) Availability of Appropriations.--(1) Section 5722(a) of
title 5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle to the extent authorized under section 5727(c).''.
(2) Section 5723(a) of title 5, United States Code, is
amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by inserting ``and'' after the semicolon at the end of
paragraph (2); and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle to the extent authorized under section 5727(c);''.
SEC. 1416. AUTHORITY TO PAY LIMITED RELOCATION ALLOWANCES TO
AN EMPLOYEE WHO IS PERFORMING AN EXTENDED
ASSIGNMENT.
(a) In General.--Subchapter II of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following new section:
[[Page S7591]]
``Sec. 5736. Relocation expenses of an employee who is
performing an extended assignment
``(a) Under regulations prescribed under section 5737, an
agency may pay to or on behalf of an employee assigned from
the employee's official station to a duty station for a
period of no less than 6 months and no greater than 30
months, the following expenses in lieu of payment of expenses
authorized under subchapter I of this chapter:
``(1) Travel expenses to and from the assignment location
in accordance with section 5724.
``(2) Transportation expenses of the immediate family and
household goods and personal effects to and from the
assignment location in accordance with section 5724.
``(3) A per diem allowance for the employee's immediate
family to and from the assignment location in accordance with
section 5724a(a).
``(4) Travel and transportation expenses of the employee
and spouse to seek residence quarters at the assignment
location in accordance with section 5724a(b).
``(5) Subsistence expenses of the employee and the
employee's immediate family while occupying temporary
quarters upon commencement and termination of the assignment
in accordance with section 5724a(c).
``(6) An amount, in accordance with section 5724a(g), to be
used by the employee for miscellaneous expenses.
``(7) The expenses of transporting a privately owned motor
vehicle or vehicles to the assignment location in accordance
with section 5727.
``(8) An allowance as authorized under section 5724b of
this title for Federal, State, and local income taxes
incurred on reimbursement of expenses paid under this section
or on services provided in kind under this section.
``(9) Expenses of nontemporary storage of household goods
and personal effects as defined in section 5726(a). The
weight of the household goods and personal effects stored
under this subsection, together with the weight of property
transported under section 5724(a), may not exceed the total
maximum weight which could be transported in accordance with
section 5724(a).
``(10) Expenses of property management services.
``(b) An agency shall not make payment under this section
to or on behalf of the employee for expenses incurred after
termination of the temporary assignment.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of title 5, United States Code, is amended by inserting
after the item relating to section 5735 the following new
item:
``5736. Relocation expenses of an employee who is performing an
extended assignment.''.
SEC. 1417. AUTHORITY TO PAY A HOME MARKETING INCENTIVE.
(a) In General.--Subchapter IV of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 5756. Home marketing incentive payment
``(a) Under such regulations as the Administrator of
General Services may prescribe, an agency may pay to an
employee who transfers in the interest of the Government an
amount, not to exceed a maximum payment amount established by
the Administrator in consultation with the Director of the
Office of Management and Budget, to encourage the employee to
aggressively market the employee's residence at the old
official station when--
``(1) the residence is entered into a program established
under a contract in accordance with section 5724c of this
chapter, to arrange for the purchase of the residence;
``(2) the employee finds a buyer who completes the purchase
of the residence through the program; and
``(3) the sale of the residence to the individual results
in a reduced cost to the Government.
``(b) For fiscal years 1997 and 1998, the Administrator
shall establish a maximum payment amount of 5 percent of the
sales price of the residence.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of title 5, United States Code, is amended by inserting at
the end the following:
``5756. Home marketing incentive payment.''.
SEC. 1418. CONFORMING AMENDMENTS.
(a) Amendments to Title 5, United States Code.--(1) Section
5724a of title 5, United States Code, is further amended by
adding at the end the following new subsections:
``(g)(1) Subject to paragraph (2), an employee who is
reimbursed under subsections (a) through (f) of this section
or section 5724(a) of this title is entitled to an amount for
miscellaneous expenses--
``(A) not to exceed 2 weeks' basic pay, if such employee
has an immediate family; or
``(B) not to exceed 1 week's basic pay, if such employee
does not have an immediate family.
``(2) Amounts paid under paragraph (1) may not exceed
amounts determined at the maximum rate payable for a position
at GS-13 of the General Schedule.
``(h) A former employee separated by reason of reduction in
force or transfer of function who within 1 year after the
separation is reemployed by a nontemporary appointment at a
different geographical location from that where the
separation occurred, may be allowed and paid the expenses
authorized by sections 5724, 5725, 5726(b), and 5727 of this
title, and may receive the benefits authorized by subsections
(a) through (g) of this section, in the same manner as though
such employee had been transferred in the interest of the
Government without a break in service to the location of
reemployment from the location where separated.
``(i) Payments for subsistence expenses, including amounts
in lieu of per diem or actual subsistence expenses or a
combination thereof, authorized under this section shall not
exceed the maximum payment allowed under regulations which
implement section 5702 of this title.
``(j) Subsections (a), (b), and (c) shall be implemented
under regulations issued under section 5737.''.
(2) Section 3375 of title 5, United States Code, is
amended--
(A) in subsection (a)(3), by striking ``section 5724a(a)(1)
of this title'' and inserting ``section 5724a(a) of this
title'';
(B) in subsection (a)(4), by striking ``section 5724a(a)(3)
of this title'' and inserting ``section 5724a(c) of this
title''; and
(C) in subsection (a)(5), by striking ``section 5724a(b) of
this title'' and inserting ``section 5724a(g) of this
title''.
(3) Section 5724(e) of title 5, United States Code, is
amended by striking ``section 5724a(a), (b) of this title''
and inserting ``section 5724a(a) through (g) of this title''.
(b) Miscellaneous.--(1) Section 707 of title 38, United
States Code, is amended--
(A) in subsection (a)(6), by striking ``Section
5724a(a)(3)'' and inserting ``Section 5724a(c)''; and
(B) in subsection (a)(7), by striking ``Section
5724a(a)(4)'' and inserting ``section 5724a(d)''.
(2) Section 501 of the Public Health Service Act (42 U.S.C.
290aa) is amended--
(A) in subsection (g)(2)(A), by striking ``5724a(a)(1)''
and inserting ``5724a(a)''; and
(B) in subsection (g)(2)(A), by striking ``5724a(a)(3)''
and inserting ``5724a(c)''.
(3) Section 925 of the Public Health Service Act (42 U.S.C.
299c-4) is amended--
(A) in subsection (f)(2)(A), by striking ``5724a(a)(1)''
and inserting ``5724a(a)''; and
(B) in subsection (f)(2)(A), by striking ``5724a(a)(3)''
and inserting ``5724a(c)''.
Subtitle B--Miscellaneous Provisions
SEC. 1431. REPEAL OF THE LONG-DISTANCE TELEPHONE CALL
CERTIFICATION REQUIREMENT.
Section 1348 of title 31, United States Code, is amended--
(1) by striking the last sentence of subsection (a)(2);
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 1432. TRANSFER OF AUTHORITY TO ISSUE REGULATIONS.
(a) In General.--Subchapter II of chapter 57 of title 5,
United States Code, is further amended by adding at the end
the following new section:
``Sec. 5737. Regulations
``(a)(1) Except as specifically provided in this
subchapter, the Administrator of General Services shall
prescribe regulations necessary for the administration of
this subchapter.
``(2) Notwithstanding any limitation of this subchapter, in
promulgating regulations under paragraph (1) of this
subsection, the Administrator of General Services shall
include a provision authorizing the head of an agency or his
designee to waive any limitation of this subchapter or in any
implementing regulation for any employee relocating to or
from a remote or isolated location who would otherwise suffer
hardship.
``(b) The Administrator of General Services shall prescribe
regulations necessary for the implementation of section 5724b
of this subchapter in consultation with the Secretary of the
Treasury.
``(c) The Secretary of Defense shall prescribe regulations
necessary for the implementation of section 5735 of this
subchapter.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of title 5, United States Code, is further amended by
inserting after the item relating to section 5736 the
following new item:
``5737. Regulations.''.
(c) Conforming Amendments.--(1) Section 5722 of title 5,
United States Code, is amended by striking ``Under such
regulations as the President may prescribe'', and inserting
``Under regulations prescribed under section 5737 of this
title''.
(2) Section 5723 of title 5, United States Code, is amended
by striking ``Under such regulations as the President may
prescribe'', and inserting ``Under regulations prescribed
under section 5737 of this title''.
(3) Section 5724 of title 5, United States Code, is
amended--
(A) in subsections (a) through (c), by striking ``Under
such regulations as the President may prescribe'' each place
it appears and inserting ``Under regulations prescribed under
section 5737 of this title'';
(B) in subsections (c) and (e), by striking ``under
regulations prescribed by the President'' and inserting
``under regulations prescribed under section 5737 of this
title''; and
(C) in subsection (f), by striking ``under the regulations
of the President'' and inserting ``under regulations
prescribed under section 5737 of this title''.
(4) Section 5724b of title 5, United States Code, is
amended by striking ``Under such regulations as the President
may prescribe'' and inserting ``Under regulations prescribed
under section 5737 of this title''.
(5) Section 5726 of title 5, United States Code, is
amended--
[[Page S7592]]
(A) in subsection (a), by striking ``as the President may
by regulation authorize'' and inserting ``as authorized under
regulations prescribed under section 5737 of this title'';
and
(B) in subsections (b) and (c), by striking ``Under such
regulations as the President may prescribe'' each place it
appears and inserting ``under regulations prescribed under
section 5737 of this title''.
(6) Section 5727(b) of title 5, United States Code, is
amended by striking ``Under such regulations as the President
may prescribe'' and inserting ``Under regulations prescribed
under section 5737 of this title''.
(7) Section 5728 of title 5, United States Code, is amended
in subsections (a), (b), and (c)(1), by striking ``Under such
regulations as the President may prescribe'' each place it
appears and inserting ``Under regulations prescribed under
section 5737 of this title''.
(8) Section 5729 of title 5, United States Code, is amended
in subsections (a) and (b), by striking ``Under such
regulations as the President may prescribe'' each place it
appears and inserting ``Under regulations prescribed under
section 5737 of this title''.
(9) Section 5731 of title 5, United States Code, is amended
by striking ``in accordance with regulations prescribed by
the President'' and inserting ``in accordance with
regulations prescribed under section 5737 of this title''.
SEC. 1433. REPORT ON ASSESSMENT OF COST SAVINGS.
No later than 1 year after the effective date of the final
regulations issued under section 1434(b), the General
Accounting Office shall submit a report to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives on an assessment of the cost savings to
Federal travel administration resulting from statutory and
regulatory changes under this Act.
SEC. 1434. EFFECTIVE DATE; ISSUANCE OF REGULATIONS.
(a) Effective Date.--The amendments made by this title
shall take effect upon the expiration of the 180-day period
beginning on the date of the enactment of this Act.
(b) Regulations.--The Administrator of General Services
shall issue final regulations implementing the amendments
made by this title by not later than the expiration of the
period referred to in subsection (a).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1997''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State 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.......... $67,600,000
Fort Knox.............. $13,000,000
Louisiana...................... Fort Polk.............. $4,800,000
New Mexico..................... White Sands Missile $10,000,000
Range.
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:............... $373,050,000
------------------------------------------------------------------------
(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.
[[Page S7593]]
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 $1,910,897,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $373,050,000.
(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).
SEC. 2105. PLAN FOR REPAIRS AND STABILIZATION OF THE HISTORIC
DISTRICT AT THE FOREST GLEN ANNEX OF WALTER
REED MEDICAL CENTER, MARYLAND.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a comprehensive plan for
basic repairs and stabilization measures throughout the
historic district at the Forest Glen Annex of Walter Reed
Army Medical Center, Maryland, together with funding options
for the implementation of the plan.
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:
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, $20,600,000
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.
Rhode Island................... Naval Undersea Warfare $8,900,000
Center.
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:............... $521,752,000
------------------------------------------------------------------------
(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.
[[Page S7594]]
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 $2,054,793,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $515,952,000.
(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
[[Page S7595]]
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
---------------
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).
[[Page S7596]]
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.......... $21,000,000
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
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
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:............... $505,390,000
------------------------------------------------------------------------
(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 $3,399,166,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $340,287,000.
[[Page S7597]]
(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.
(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 $172,000,000.
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,
$94,528,000: Notwithstanding any other provision of this Act,
none of the funds authorized for construction, phase I, of a
combined support maintenance shop at Camp Guernsey, Wyoming
may be obligated until the Secretary of Defense certifies to
Congress that the project is in the future years defense
plan; 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,
$209,884,000; and
(B) for the Air Force Reserve, $54,770,000.
SEC. 2602. FUNDING FOR CONSTRUCTION AND IMPROVEMENT OF
RESERVE CENTERS IN THE STATE OF WASHINGTON.
(a) Funding.--Notwithstanding any other provision of law,
of the funds appropriated under the heading ``Military
Construction, Naval Reserve'' in the Military Construction
Appropriations Act, 1995 (Public Law 103-307; 108 Stat.
1661), that are available for the construction of a Naval
Reserve center in Seattle, Washington--
(1) $5,200,000 shall be available for the construction of
an Army Reserve Center at Fort Lawton, Washington, of which
$700,000 may be used for program and design activities
relating to such construction;
(2) $4,200,000 shall be available for the construction of
an addition to the Naval Reserve Center in Tacoma,
Washington;
(3) $500,000 shall be available for unspecified minor
construction at Naval Reserve facilities in the State of
Washington; and
(4) $500,000 shall be available for planning and design
activities with respect to improvements at Naval Reserve
facilities in the State of Washington.
(b) Modification of Land Conveyance Authority.--Paragraph
(2) of section 127(d) of the Military Construction
Appropriations Act, 1995 (Public Law 103-337; 108 Stat.
1666), is amended to read as follows:
``(2) Before commencing construction of a facility to be
the replacement facility for the Naval Reserve Center under
paragraph (1), the Secretary shall comply with the
requirements of the National Environmental Policy Act (42
U.S.C. 4321 et seq.) with respect to such facility.''.
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.
[[Page S7598]]
(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.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[[Page S7599]]
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. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROJECTS.
(a) Prohibition.--Notwithstanding any other provision of
this Act, no funds authorized to be appropriated by this Act
may be obligated or expended for the military construction
project listed under subsection (b) until the Secretary of
Defense certifies to Congress that the project is included in
the current future-years defense program.
(b) Covered Project.--Subsection (a) applies to the
following military construction project:
(1) Phase II, Construction, Consolidated Education Center,
Fort Campbell, Kentucky.
(2) Phase III, Construction, Western Kentucky Training
Site.
SEC. 2706. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction 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. 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 Interior To Transfer
Certain Section 29 Lands.--(1) Subject to paragraph (2), 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)(A) The Secretary of the Interior may not make the
transfer referred to in paragraph (1)(B) until 60 days after
the date on which the Secretary submits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives--
(i) a summary of the document entitled ``Cultural Landscape
and Archaeological Study, Section 29, Arlington House, The
Robert E. Lee Memorial'';
(ii) a summary of any environmental analysis required with
respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(iii) the proposal of the Secretary and the Secretary of
the Army setting forth the lands to be transferred and the
general manner in which the Secretary of the Army will
develop such lands after transfer.
(B) The Secretary of the Interior shall submit the
information required under subparagraph (A) not later than
October 31, 1997.
(3) The transfer of lands under paragraph (1) shall be
carried out in accordance with
[[Page S7600]]
the Interagency Agreement Between the Department of the
Interior, the National Park Service, and the Department of
the Army, Dated February 22, 1995.
(4) 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.
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
[[Page S7601]]
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 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.
SEC. 2828. TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT
SILL, OKLAHOMA.
(a) Transfer of Land for National Cemetery.--
(1) Transfer authorized.--The Secretary of the Army may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property (including any improvements thereon) consisting
of approximately 400 acres and comprising a portion of Fort
Sill, Oklahoma.
(2) Use of land.--The Secretary of Veterans Affairs shall
use the real property transferred under paragraph (1) as a
national cemetery under chapter 24 of title 38, United States
Code.
(3) Return of unused land.--If the Secretary of Veterans
Affairs determines that any portion of the real property
transferred under paragraph (1) is not needed for use as a
national cemetery, the Secretary of Veterans Affairs shall
return such portion to the administrative jurisdiction of the
Secretary of the Army.
(b) Legal Description.--The exact acreage and legal
description of the real property to be transferred or
conveyed under this section shall be determined by surveys
that are satisfactory to the Secretary of the Army. The cost
of such surveys shall be borne by the recipient of the real
property.
SEC. 2829. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such action as is
necessary to reduce the total cost of the renovation of the
Pentagon Reservation to not more than $1,118,000,000.
SEC. 2830. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING
PLANT, ROLLA, NORTH DAKOTA.
(a) Authority to Convey.--The Administrator of General
Services may convey, without consideration, to the Job
Development Authority of the City of Rolla, North Dakota (in
this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to a parcel
of real property, with improvements thereon and all
associated personal property, consisting of approximately
9.77 acres and comprising the William Langer Jewel Bearing
Plant in Rolla, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority--
(1) use the real and personal property and improvements
conveyed under that subsection for economic development
relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or
private entity or person to lease such property and
improvements to that entity or person for such economic
development; or
(3) enter into an agreement with an appropriate public or
private entity or person to sell such property and
improvements to that entity or person for such economic
development.
(c) Preference for Domestic Disposal of Jewel Bearings.--
(1) In offering to enter into agreements pursuant to any
provision of law for the disposal of jewel bearings from the
National Defense Stockpile, the President shall give a right
of first refusal on all such offers to the Authority or to
the appropriate public or private entity or person with which
the Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, the term ``National
Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of
Plant.--Notwithstanding any other provision of law, funds
available in fiscal year 1995 for the maintenance of the
William Langer Jewel Bearing Plant in Public Law 103-335
shall be available for the maintenance of that plant in
fiscal year 1996, pending conveyance, and for the conveyance
of that plant under this section.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Administrator.
The cost of the survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection
with the conveyance under this section as the Administrator
determines appropriate to protect the interests of the United
States.
SEC. 2831. REAFFIRMATION OF LAND CONVEYANCES, FORT SHERIDAN,
ILLINOIS.
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Army shall complete the land
conveyances involving Fort Sheridan, Illinois, required or
authorized under section 125 of the Military Construction
Appropriations Act, 1996 (Public Law 104-32; 109 Stat. 290).
SEC. 2832. LAND CONVEYANCE, CRAFTS BROTHERS RESERVE TRAINING
CENTER, MANCHESTER, NEW HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Saint Anselm College,
Manchester, New Hampshire, all right, title, and interest of
the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately
3.5 acres and located on Rockland Avenue in Manchester, New
Hampshire, the site of the Crafts Brothers Reserve Training
Center.
(b) Requirement Relating to Conveyance.--The Secretary may
not make the conveyance authorized by subsection (a) until
the Army Reserve units currently housed at the Crafts
Brothers Reserve Training Center are relocated to the Joint
Service Reserve Center to be constructed at the Manchester
Airport, New Hampshire.
(c) 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.
(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.
(e) Additional Terms and Conditions.--The Secretary may
require such additional
[[Page S7602]]
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. 2833. LAND TRANSFER, VERNON RANGER DISTRICT, KISATCHIE
NATIONAL FOREST, LOUISIANA.
(a) Transfer Pursuant to Administrative Agreement.--(1) Not
later than six months after the date of the enactment of this
Act, the Secretary of the Army and the Secretary of
Agriculture shall enter into an agreement providing for the
transfer to the Secretary of the Army of administrative
jurisdiction over such portion of land currently owned by the
United States within the Vernon Ranger District of the
Kisatchie National Forest, Louisiana, as the Secretary of the
Army and the Secretary of Agriculture jointly determine
appropriate for military training activities in connection
with Fort Polk, Louisiana. The agreement shall allocate
responsibility for land management and conservation
activities with respect to the property transferred between
the Secretary of the Army and the Secretary of Agriculture.
(2) The Secretary of the Army and the Secretary of
Agriculture may jointly extend the deadline for entering into
an agreement under paragraph (1). The deadline may be
extended by not more than six months.
(b) Alternative Transfer Requirement.--If the Secretary of
the Army and the Secretary of Agriculture fail to enter into
the agreement referred to paragraph (1) of subsection (a)
within the time provided for in that subsection, the
Secretary of Agriculture shall, at the end of such time,
transfer to the Secretary of the Army administrative
jurisdiction over property consisting of approximately 84,825
acres of land currently owned by the United States and
located in the Vernon Ranger District of the Kisatchie
National Forest, Louisiana, as generally depicted on the map
entitled ``Fort Polk Military Installation map'', dated June
1995.
(c) Limitation on Acquisition of Private Property.--The
Secretary of the Army may acquire privately-owned land within
the property transferred under this section only with the
consent of the owner of the land.
(d) Use of Property.--(1) Subject to paragraph (2), the
Secretary of the Army shall use the property transferred
under this section for military maneuvers, training and
weapons firing, and other military activities in connection
with Fort Polk, Louisiana.
(2) The Secretary may not permit the firing of live
ammunition on or over any portion of the property unless the
firing of such ammunition on or over such portion is
permitted as of the date of the enactment of this Act.
(e) Map and Legal Description.--(1) As soon as practicable
after the date of the transfer of property under this
section, the Secretary of Agriculture shall--
(A) publish in the Federal Register a notice containing the
legal description of the property transferred; and
(B) file a map and the legal description of the property
with the Committee on Energy and Natural Resources, the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Armed Services of the Senate and the Committee
on Resources, the Committee on Agriculture, and the Committee
on National Security of the House of Representatives.
(2) The maps and legal descriptions prepared under
paragraph (1) shall have the same force and effect as if
included in this subsection, except that the Secretary of
Agriculture may correct clerical and typographical errors in
the maps and legal descriptions.
(3) As soon as practicable after the date of the enactment
of this Act, copies of the maps and legal descriptions
prepared under paragraph (1) shall be available for public
inspection in the following offices:
(A) The Office of the Secretary of Agriculture.
(B) Such offices of the United States Forest Service as the
Secretary of Agriculture shall designate.
(C) The Office of the Commander of Fort Polk, Louisiana.
(D) The appropriate office in the Vernon Parish Court
House, Louisiana.
(f) Management of Property.--(1) If the transfer of
property under this section occurs under subsection (a), the
Secretary of the Army and the Secretary of Agriculture shall
manage the property in accordance with the agreement entered
into under that subsection.
(2)(A) If the transfer of property under this section
occurs under subsection (b), the Secretary of the Army and
the Secretary of Agriculture shall manage the property in
accordance with the management plan under subparagraph (B)
and the memorandum of understanding under subparagraph (C).
(B)(i) For purposes of managing the property under this
paragraph, the Secretary of the Army shall, with the
concurrence of the Secretary of Agriculture, develop a plan
for the management of the property not later than two years
after the transfer of the property. The Secretary of the Army
shall provide for a period of public comment in developing
the plan in order to ensure that the concerns of local
citizens are taken into account in the development of the
plan. The Secretary of the Army may utilize the property
pending the completion of the plan.
(ii) The Secretary of the Army shall develop and implement
the plan in compliance with applicable Federal law, including
the provisions of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(iii) The plan shall provide for the management of the
natural, cultural, and other resources of the property,
including grazing, the management of wildlife and wildlife
habitat, recreational uses (including hunting and fishing),
and non-public uses of non-Federal lands within the property.
(C)(i) For purposes of managing the property under this
paragraph, the Secretary of the Army and the Secretary of
Agriculture shall enter into a memorandum of understanding in
order to provide for--
(I) the implementation of the management plan developed
under subparagraph (B); and
(II) the management by the Secretary of Agriculture of such
areas of the property as the Secretary of the Army and the
Secretary of Agriculture designate for use for non-military
purposes.
(ii) The Secretary of the Army and the Secretary of
Agriculture may amend the memorandum of understanding by
mutual agreement.
(g) Reversion.--If at any time after the transfer of
property under this section the Secretary of the Army
determines that the property, or any portion thereof, is no
longer to be retained by the Army for possible use for
military purposes, jurisdiction over the property, or such
portion thereof, shall revert to the Secretary of Agriculture
who shall manage the property, or portion thereof, as part of
the Kisatchie National Forest.
(h) Identification of Land for Transfer to Forest
Service.--The Secretary of Defense shall seek to identify
land equal in acreage to the land transferred under this
section and under the jurisdiction of the Department of
Defense that is suitable for transfer to the Secretary of
Agriculture for use by the Forest Service.
SEC. 2834. LAND CONVEYANCE, AIR FORCE PLANT NO. 85, COLUMBUS,
OHIO.
(a) Conveyance Authorized.--(1) Notwithstanding any other
provision of law, the Secretary of the Air Force may instruct
the Administrator of General Services to convey, without
consideration, to the Columbus Municipal Airport Authority
(in this section referred to as the ``Authority'') all right,
title, and interest of the United States in and to a parcel
of real property, together with improvements thereon, at Air
Force Plant No. 85, Columbus, Ohio, consisting of
approximately 240 acres that contains the land and buildings
referred to as the ``airport parcel'' in the correspondence
from the General Services Administration to the Authority
dated April 30, 1996, and is located adjacent to the Port
Columbus International Airport.
(2) If the Secretary does not have administrative
jurisdiction over the parcel on the date of the enactment of
this Act, the conveyance shall be made by the Federal
official who has administrative jurisdiction over the parcel
as of that date.
(b) Requirement for Federal Screening.--The Federal
official may not carry out the conveyance of property
authorized in subsection (a) unless the Federal official
determines, in consultation with the Administrator of General
Services, that no department or agency of the Federal
Government will accept the transfer of the property.
(c) Condition of Conveyance.--The conveyance required under
subsection (a) shall be subject to the condition that the
Authority use the conveyed property for public airport
purposes.
(d) Reversion.--If the Federal official making the
conveyance under subsection (a) determines that any portion
of the conveyed property is not being utilized in accordance
with subsection (c), all right, title, and interest in and to
such portion shall revert to the United States and the United
States shall have immediate right of entry thereon.
(e) 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 Federal official making the conveyance. The cost of
the survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Federal official
making the conveyance of property under subsection (a) may
require such additional terms and conditions in connection
with the conveyance as such official considers appropriate to
protect the interests of the United States.
SEC. 2835. LAND CONVEYANCE, PINE BLUFF ARSENAL, ARKANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Economic Development
Alliance of Jefferson County, Arkansas (in this section
referred to as the ``Alliance''), 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 1,500 acres and comprising a portion of the
Pine Bluff Arsenal, Arkansas.
(b) Requirements Relating to Conveyance.--The Secretary may
not carry out the conveyance of property authorized under
subsection (a) until--
(1) the completion by the Secretary of any environmental
restoration and remediation that is required with the respect
to the property under applicable law;
(2) the Secretary secures all permits required under law
applicable regarding the conduct of the proposed chemical
demilitarization mission at the arsenal; and
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a certification that
the conveyance will not adversely affect the ability of the
Department of Defense to conduct that chemical
demilitarization mission.
[[Page S7603]]
(c) Conditions of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the following
conditions:
(1) That the Alliance agree not to carry out any activities
on the property to be conveyed that interfere with the
construction, operation, and decommissioning of the chemical
demilitarization facility to be constructed at Pine Bluff
Arsenal. If the Alliance fails to comply with its agreement
in paragraph (1) the property conveyed under this section,
all rights, title, and interest in and to the property shall
revert to the United States and the United States shall have
immediate rights of entry thereon.
(2) That the property be used during the 25-year period
beginning on the date of the conveyance only as the site of
the facility known as the ``Bioplex'', and for activities
related thereto.
(d) Costs of Conveyance.--The Alliance shall be responsible
for any costs of the Army associated with the conveyance of
property under this section, including administrative costs,
the costs of an environmental baseline survey with respect to
the property, and the cost of any protection services
required by the Secretary in order to secure operations of
the chemical demilitarization facility from activities on the
property after the conveyance.
(e) Reversionary Interests.--If the Secretary determines at
any time during the 25-year period referred to in subsection
(c)(2) that the property conveyed under this section is not
being used in accordance with that subsection, all right,
title, and interest in and to the property shall revert to
the United States and the United States shall have immediate
right of entry thereon.
(f) Sale of Property by Alliance.--If at any time during
the 25-year period referred to in subsection (c)(2) the
Alliance sells all or a portion of the property conveyed
under this section, the Alliance shall pay the United States
an amount equal to the lesser of--
(1) the amount of the sale of the property sold; or
(2) the fair market value of the property sold at the time
of the sale, excluding the value of any improvements to the
property sold that have been made by the Alliance.
(g) 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 Alliance.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2836. MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL
MONUMENT AND WHITE SANDS MISSILE RANGE.
(a) Purpose.--The purpose of this section is to effect an
exchange between the Secretary of the Interior and the
Secretary of the Army of administrative jurisdiction over the
lands described in subsection (c) in order to facilitate
administration of the White Sands National Monument and the
White Sands Missile Range.
(b) Definitions.--In this section:
(1) Missile range.--The term ``missile range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(2) Monument.--The term ``monument'' means the White Sands
National Monument, New Mexico, established by Proclamation
No. 2025 (16 U.S.C. 431 note) and administered by the
Secretary of the Interior.
(c) Exchange of Jurisdiction.--The lands exchanged under
this Act are the lands generally depicted on the map entitled
``White Sands National Monument, Boundary Proposal'',
numbered 142/80,061 and dated January 1994, comprising--
(1) approximately 2,524 acres of land within the monument
that is under the jurisdiction of the Secretary of the Army,
which are transferred to the Secretary of the Interior;
(2) approximately 5,758 acres of land within the missile
range abutting the monument, which are transferred to the
Secretary of the Interior; and
(3) approximately 4,277 acres of land within the monument
abutting the missile range, which are transferred to the
Secretary of the Army.
(d) Boundary Modification.--The boundary of the monument is
modified to include the land transferred to the Secretary of
the Interior and exclude the land transferred to the
Secretary of the Army by subsection (c). The boundary of the
missile range is modified accordingly.
(e) Administration.--
(1) Monument.--The Secretary of the Interior shall
administer the lands transferred to the Secretary of the
Interior by subsection (c) in accordance with laws (including
regulations) applicable to the monument.
(2) Missile range.--The Secretary of the Army shall
administer the lands transferred to the Secretary of the Army
by subsection (c) as part of the missile range.
(3) Airspace.--The Secretary of the Army shall maintain
control of the airspace above the lands transferred to the
Secretary of the Army by subsection (c) as part of the
missile range.
(f) Public Availability of Map.--The Secretary of the
Interior and the Secretary of the Army shall prepare, and the
Secretary of the Interior shall keep on file for public
inspection in the headquarters of the monument, a map showing
the boundary of the monument as modified by this Act.
(g) Waiver of Limitation Under Prior Law.--Notwithstanding
section 303(b)(1) of the National Parks and Recreation Act of
1978 (92 Stat. 3476), land or an interest in land that was
deleted from the monument by section 301(19) of the Act (92
Stat. 3475) may be exchanged for land owned by the State of
New Mexico within the boundaries of any unit of the National
Park System in the State of New Mexico, may be transferred to
the jurisdiction of any other Federal agency without monetary
consideration, or may be administered as public land, as the
Secretary considers appropriate.
SEC. 2837. BANDELIER NATIONAL MONUMENT.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) under the provisions of a special use permit, sewage
lagoons for Bandelier National Monument, established by
Proclamation No. 1322 (16 U.S.C. 431 note) (referred to in
this section as the ``monument'') are located on land
administered by the Secretary of Energy that is adjacent to
the monument; and
(B) modification of the boundary of the monument to include
the land on which the sewage lagoons are situated--
(i) would facilitate administration of both the monument
and the adjacent land that would remain under the
administrative jurisdiction of the Secretary of Energy; and
(ii) can be accomplished at no cost.
(2) Purpose.--The purpose of this section is to modify the
boundary between the monument and adjacent Department of
Energy land to facilitate management of the monument and
Department of Energy land.
(b) Boundary Modification.--
(1) Transfer of administrative jurisdiction.--There is
transferred from the Secretary of Energy to the Secretary of
the Interior administrative jurisdiction over the land
comprising approximately 4.47 acres depicted on the map
entitled ``Boundary Map, Bandelier National Monument'', No.
315/80,051, dated March 1995.
(2) Boundary modification.--The boundary of the monument is
modified to include the land transferred by paragraph (1).
(3) Public availability of map.--The map described in
paragraph (1) shall be on file and available for public
inspection in the Lands Office at the Southwest System
Support Office of the National Park Service, Santa Fe, New
Mexico, and in the Superintendent's Office of Bandelier
National Monument.
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
[[Page S7604]]
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 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:
[[Page S7605]]
(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 $5,000,000.
(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 $5,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
(c) Study on Permanent Authorization for General Plant
Projects.--Not later than February 1, 1997, the Secretary of
Energy shall report to the appropriate congressional
committees on the need for, and desirability of, a permanent
authorization formula for defense and civilian general plant
projects in the Department of Energy that includes periodic
adjustments for inflation, including any legislative
recommendations to enact such formula into permanent law. The
report of the Secretary shall describe actions that would be
taken by the Department to provide for cost control of
general plant projects, taking into account the size and
nature of such projects.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items relating to
weapons activities necessary for national security programs
that have a higher priority than the items from which the
funds are transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project. 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 $5,000,000; 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)
[[Page S7606]]
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(b)(1)--
(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;
(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; and
(3) not more than $100,000,000 shall be available for other
tritium production research activities.
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 tritium requirements 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.''.
(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(b),
the following amounts for the purposes stated:
(1) Not more than $65,700,000 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 $80,000,000 for the development and
implementation of a program for the treatment, preparation,
and conditioning of high-level nuclear waste associated with
Department of Energy non-aluminum clad 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
[[Page S7607]]
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.
SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE OF
INFRASTRUCTURE AT NEVADA TEST SITE.
Notwithstanding any other provision of law and effective as
of September 30, 1996, the costs associated with operating
and maintaining the infrastructure at the Nevada Test Site,
Nevada, with respect to any activities initiated at the site
after that date by the Department of Defense pursuant to a
work for others agreement may be paid for from funds
authorized to be appropriated to the Department of Energy for
activities at the Nevada Test Site.
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.
(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. SENSE OF CONGRESS RELATING TO REDESIGNATION OF
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
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, be
redesignated as the Defense Nuclear Waste Management Program
of the Department of Energy.
(b) Report on Redesignation.--Not later than January 31,
1997, the Secretary of Energy shall submit to the
congressional defense committees a report on the costs and
other difficulties, if any, associated with the following:
(1) The redesignation of the program of known as the
Defense Environmental Restoration and Waste Management
Program,
[[Page S7608]]
and also known as the Environmental Management Program, as
the Defense Nuclear Waste Management Program of the
Department of Energy.
(2) The redesignation of the Defense Environmental
Restoration and Waste Management Account as the Defense
Nuclear Waste Management Account.
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.
(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.
SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABILITY AT
DEPARTMENT SUPERFUND SITES.
(a) Study.--The Secretary of Energy shall, using funds
authorized to be appropriated to the Department of Energy by
section 3102, carry out a study of the liability of the
Department for damages for injury to, destruction of, or loss
of natural resources under section 107(a)(4)(C) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)) at each site
controlled or operated by the Department that is or is
anticipated to become subject to the provisions of that Act.
(b) Conduct of Study.--(1) The Secretary shall carry out
the study using personnel of the Department or by contract
with an appropriate private entity.
(2) In determining the extent of Department liability for
purposes of the study, the Secretary shall treat the
Department as a private person liable for damages under
section 107(f) of that Act (42 U.S.C. 9607(f)) and subject to
suit by public trustees of natural resources under such
section 107(f) for such damages.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report on
the study carried out under subsection (a) to the following
committees:
(1) The Committees on Environment and Public Works and
Armed Services and Energy and Natural Resources of the
Senate.
(2) The Committees on Commerce and National Security and
Resources of the House of Representatives.
SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD
IMPROVEMENT PROJECT, LIVERMORE, CALIFORNIA.
(a) Funding.--The Secretary of Energy shall include in
budget for fiscal year 1998 submitted by the Secretary of
Energy to the Office of Management and Budget, a request
[[Page S7609]]
for sufficient funds to pay the United States portion of the
cost of transportation improvements under the Greenville Road
Improvement Project, Livermore, California.
(b) Cooperation with Livermore, California.--The Secretary
shall work with the City of Livermore, California, to
determine the cost of the transportation improvements
referred to in subsection (a).
SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF
OREGON REGARDING CERTAIN REMEDIAL ACTIONS AT
HANFORD RESERVATION, WASHINGTON.
(a) Opportunity.--(1) Subject to subsection (b), the Site
Manager at the Hanford Reservation, Washington, shall, in
consultation with the signatories to the Tri-Party Agreement,
provide the State of Oregon an opportunity to review and
comment upon any information the Site Manager provides the
State of Washington under the Hanford Tri-Party Agreement if
the agreement provides for the review of and comment upon
such information by the State of Washington.
(2) In order to facilitate the review and comment of the
State of Oregon under paragraph (1), the Site Manager shall
provide information referred to in that paragraph to the
State of Oregon at the same time, or as soon thereafter as is
practicable, that the Site Manager provides such information
to the State of Washington
(b) Construction.--This section may not be construed--
(1) to require the Site Manager to provide the State of
Oregon sensitive information on enforcement under the Tri-
Party Agreement or information on the negotiation, dispute
resolution, or State cost recovery provisions of the
agreement;
(2) to require the Site Manager to provide confidential
information on the budget or procurement at Hanford under
terms other than those provided in the Tri-Party Agreement
for the transmission of such confidential information to the
State of Washington;
(3) to authorize the State of Oregon to participate in
enforcement actions, dispute resolution, or negotiation
actions conducted under the provisions of the Tri-Party
Agreement;
(4) to authorize any delay in the implementation of
remedial, environmental management, or other programmatic
activities at Hanford; or
(5) to require the Department of Energy to provide funds to
the State of Oregon.
SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM OF
UNDERSTANDING.
It is the sense of the Senate that--
(1) the State of Oregon has the authority to enter into a
memorandum of understanding with the State of Washington, or
a memorandum of understanding with the State of Washington
and the Site Manager of the Hanford Reservation, Washington,
in order to address issues of mutual concern to such States
regarding the Hanford Reservation; and
(2) such agreements are not expected to create any
additional obligation of the Department of Energy to provide
funds to the State of Oregon.
SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Section 2536(b) of title 10, United States Code, is amended
to read as follows:
(b) Waiver Authority.--(1) The Secretary concerned may
waive the application of subsection (a) to a contract award
if--
(A) the Secretary concerned determines that the waiver is
essential to the national security interests of the United
States; or
(B) in the case of a Department of Energy contract awarded
for environmental restoration, remediation, or waste
management at a Department of Energy facility--
(i) the Secretary determines that the waiver will advance
the environmental restoration, remediation, or waste
management objectives of the Department of Energy and will
not harm the national security interests of the United
States; and
(ii) the entity to which the contract is awarded is
controlled by a foreign government with which the Secretary
is authorized to exchange Restricted Data under section
144(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2164(c)).
(2) The Secretary of Energy shall notify the appropriate
committees of Congress of any decision to grant a waiver
under paragraph (1)(B). The contract may be executed only
after the end of the 45-day period beginning on the date the
notification is received by the committees.
SEC. 3166. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.
(a) Not later than March 15, 1997, the Secretary of Energy
shall report to the defense committees of the Congress
regarding the status of projects and programs to improve
worker safety and health at the Mound Facility in Miamisburg,
Ohio.
(b) The report shall include the following:
(1) the status of actions completed in fiscal year 1996;
(2) the status of actions completed or proposed to be
completed in fiscal years 1997 and 1998;
(3) a description of the fiscal year 1998 budget request
for Mound worker safety and health protection; and
(4) an accounting of expenditures for worker safety and
health at Mound by year from fiscal year 1994 through and
including fiscal year 1996.
Subtitle E--Environmental Restoration at Defense Nuclear Facilities
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Defense Nuclear
Facility Environmental Restoration Pilot Program Act of
1996''.
SEC. 3172. APPLICABILITY.
(a) In General.--The provisions of this subtitle shall
apply to the following defense nuclear facilities:
(1) Hanford.
(2) Any other defense nuclear facility if--
(A) the chief executive officer of the State in which the
facility is located submits to the Secretary a request that
the facility be covered by the provisions of this subtitle;
and
(B) the Secretary approves the request.
(b) Limitation.--The Secretary may not approve a request
under subsection (a)(2) until 60 days after the date on which
the Secretary notifies the congressional defense committees
of the Secretary's receipt of the request.
SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL
CLEANUP DEMONSTRATION AREAS.
(a) Designation.--Each defense nuclear facility covered by
this subtitle under section 3172(a) is hereby designated as
an environmental cleanup demonstration area. The purpose of
the designation is to establish each such facility as a
demonstration area at which to utilize and evaluate new
technologies to be used in environmental restoration and
remediation at other defense nuclear facilities.
(b) Sense of Congress.--It is the sense of Congress that
Federal and State regulatory agencies, members of the
surrounding communities, and other affected parties with
respect to each defense nuclear facility covered by this
subtitle should continue to--
(1) develop expedited and streamlined processes and systems
for cleaning up such facility;
(2) eliminate unnecessary administrative complexity and
unnecessary duplication of regulation with respect to the
clean up of such facility;
(3) proceed expeditiously and cost-effectively with
environmental restoration and remediation activities at such
facility;
(4) consider future land use in selecting environmental
clean up remedies at such facility; and
(5) identify and recommend to Congress changes in law
needed to expedite the clean up of such facility.
SEC. 3174. SITE MANAGERS.
(a) Appointment.--(1)(A) The Secretary shall appoint a site
manager for Hanford not later than 90 days after the date of
the enactment of this Act.
(B) The Secretary shall develop a list of the criteria to
be used in appointing a site manager for Hanford. The
Secretary may consult with affected and knowledgeable parties
in developing the list.
(2) The Secretary shall appoint the site manager for any
other defense nuclear facility covered by this subtitle not
later than 90 days after the date of the approval of the
request with respect to the facility under section
3172(a)(2).
(3) An individual appointed as a site manager under this
subsection shall, if not an employee of the Department at the
time of the appointment, be an employee of the Department
while serving as a site manager under this subtitle.
(b) Duties.--(1) Subject to paragraphs (2) and (3), in
addition to other authorities provided for in this subtitle,
the site manager for a defense nuclear facility shall have
full authority to oversee and direct operations at the
facility, including the authority to--
(A) enter into and modify contractual agreements to enhance
environmental restoration and waste management at the
facility;
(B) request that the Department headquarters submit to
Congress a reprogramming package shifting among accounts
funds available for the facility in order to facilitate the
most efficient and timely environmental restoration and waste
management at the facility, and, in the event that the
Department headquarters does not act upon the request within
30 days of the date of the request, submit such request to
the appropriate committees of Congress for review;
(C) negotiate amendments to environmental agreements
applicable to the facility for the Department; and
(D) manage environmental management and programmatic
personnel of the Department at the facility.
(2) A site manager shall negotiate amendments under
paragraph (1)(C) with the concurrence of the Secretary.
(3) A site manager may not undertake or provide for any
action under paragraph (1) that would result in an
expenditure of funds for environmental restoration or waste
management at the defense nuclear facility concerned in
excess of the amount authorized to be expended for
environmental restoration or waste management at the facility
without the approval of such action by the Secretary.
(c) Information on Progress.--The Secretary shall regularly
inform Congress of the progress made by site managers under
this subtitle in achieving expedited environmental
restoration and waste management at the defense nuclear
facilities covered by this subtitle.
SEC. 3175. DEPARTMENT OF ENERGY ORDERS.
Effective 60 days after the appointment of a site manager
for a defense nuclear facility under section 3174(a), an
order relating to the execution of environmental restoration,
waste management, technology development, or other site
operation activities at
[[Page S7610]]
the facility may be imposed at the facility if the Secretary
makes a finding that the order--
(1) is essential to the protection of human health or the
environment or to the conduct of critical administrative
functions; and
(2) will not interfere with bringing the facility into
compliance with environmental laws, including the terms of
any environmental agreement.
SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REMEDIATION OF
DEFENSE NUCLEAR WASTE.
(a) In General.--The site manager for a defense nuclear
facility under this subtitle shall promote the demonstration,
verification, certification, and implementation of innovative
environmental technologies for the remediation of defense
nuclear waste at the facility.
(b) Demonstration Program.--To carry out subsection (a),
each site manager shall establish a program at the defense
nuclear facility concerned for testing environmental
technologies for the remediation of defense nuclear waste at
the facility. In establishing such a program, the site
manager may--
(1) establish a simplified, standardized, and timely
process for the testing and verification of environmental
technologies;
(2) solicit and accept applications to test environmental
technology suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) consult and cooperate with the heads of existing
programs at the facility for the certification and
verification of environmental technologies at the facility;
and
(4) pay the costs of the demonstration of such
technologies.
(c) Follow-on Contracts.--(1) If the Secretary and a person
demonstrating a technology under the program enter into a
contract for remediation of nuclear waste at a defense
nuclear facility covered by this subtitle, or at any other
Department facility, as a follow-on to the demonstration of
the technology, the Secretary shall ensure that the contract
provides for the Secretary to recoup from the contractor the
costs incurred by the Secretary pursuant to subsection (b)(4)
for the demonstration.
(2) No contract between the Department and a contractor for
the demonstration of technology under subsection (b) may
provide for reimbursement of the costs of the contractor on a
cost plus fee basis.
(d) Safe Harbors.--In the case of an environmental
technology demonstrated, verified, certified, and implemented
at a defense nuclear facility under a program established
under subsection (b), the site manager of another defense
nuclear facility may request the Secretary to waive or limit
contractual or Department regulatory requirements that would
otherwise apply in implementing the same environmental
technology at such other facility.
SEC. 3177. REPORTS TO CONGRESS.
Not later than 120 days after the date of the appointment
of a site manager under section 3174(a), the site manager
shall submit to Congress and the Secretary a report
describing the expectations of the site manager with respect
to environmental restoration and waste management at the
defense nuclear facility concerned by reason of the exercise
of the authorities provided in this subtitle. The report
shall describe the manner in which the exercise of such
authorities is expected to improve environmental restoration
and waste management at the facility and identify saving that
are expected to accrue to the Department as a result of the
exercise of such authorities.
SEC. 3178. TERMINATION.
The authorities provided for in this subtitle shall expire
five years after the date of the enactment of this Act.
SEC. 3179. DEFINITIONS.
In this subtitle:
(1) The term ``Department'' means the Department of Energy.
(2) The term ``defense nuclear facility'' has the meaning
given the term ``Department of Energy defense nuclear
facility'' in section 318 of the Atomic Energy Act of 1954
(42 U.S.C. 2286g).
(3) The term ``Hanford'' means the defense nuclear facility
located in southeastern Washington State known as the Hanford
Reservation, Washington.
(4) The term ``Secretary'' means the Secretary of Energy.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.
SEC. 3181. SHORT TITLE AND REFERENCE.
(a) Short Title.--This subtitle may be cited as the ``Waste
Isolation Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--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 Waste Isolation Pilot Plant
Land Withdrawal Act (Public Law 102-579).
SEC. 3182. DEFINITIONS.
Paragraphs (18) and (19) of section 2 are repealed.
SEC. 3183. TEST PHASE AND RETRIEVAL PLANS.
Section 5 and the item relating to such section in the
table of contents are repealed.
SEC. 3184. MANAGEMENT PLAN.
Section 4(b)(5)(B) is amended by striking ``or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 3185. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection (c),
(3) by redesignating subsection (c) as subsection (a) and
in that subsection--
(A) by repealing subparagraph (A) of paragraph (2),
(B) by striking the subsection heading and the matter
immediately following the subsection heading and inserting
``Study.--The following study shall be conducted:'',
(C) by striking ``(2) Remote-handled waste.--'',
(D) by striking ``(B) Study.--'',
(E) by redesignating clauses (i), (ii), and (iii) as
paragraphs (1), (2), and (3), respectively, and
(F) by realigning the margins of such clauses to be margins
of paragraphs,
(4) in subsection (d), by striking ``, during the test
phase, a biennial'' and inserting ``a'' and by striking ``,
consisting of a documented analysis of'' and inserting ``as
necessary to demonstrate'', and
(5) by redesignating subsection (d) as subsection (b).
SEC. 3186. DISPOSAL OPERATIONS.
Section 7(b) is amended to read as follows:
``(b) Requirements for Commencement of Disposal
Operations.--The Secretary may commence emplacement of
transuranic waste underground for disposal at WIPP only upon
completion of--
``(1) the Administrator's certification under section
8(d)(1) that the WIPP facility will comply with the final
disposal regulations;
``(2) the acquisition by the Secretary (whether by
purchase, condemnation, or otherwise) of Federal Oil and Gas
Leases No. NMNM 02953 and No. NMNM 02953C, unless the
Administrator determines, under section 4(b)(5), that such
acquisition is not required; and,
``(3) the expiration of the 30-day period beginning on the
date on which the Secretary notifies Congress that the
requirements of section 9(a)(1) have been met.''.
SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL
REGULATIONS.
(a) Section 8(d)(1).--Section 8(d)(1) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Application for compliance.--Within 30 days after the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act, the Secretary shall provide to
Congress a schedule for the incremental submission of
chapters of the application to the Administrator beginning no
later than 30 days after such date. The Administrator shall
review the submitted chapters and provide requests for
additional information from the Secretary as needed for
completeness within 45 days of the receipt of each chapter.
The Administrator shall notify Congress of such requests. The
schedule shall call for the Secretary to submit all chapters
to the Administrator no later than October 31, 1996. The
Administrator may at any time request additional information
from the Secretary as needed to certify, pursuant to
subparagraph (B), whether the WIPP facility will comply with
the final disposal regulations.''; and
(2) in subparagraph (D), by striking ``after the
application is'' and inserting ``after the full application
has been''.
(b) Section 8(d) (2) and (3).--Section 8(d) is amended by
striking paragraphs (2) and (3), by striking ``(1) Compliance
with disposal regulations.--'', and by redesignating
subparagraphs (A), (B), (C), and (D) of paragraph (1) as
paragraph (1), (2), (3), and (4), respectively.
(c) Section 8(g).--Section 8(g) is amended to read as
follows:
``(g) Engineered and Natural Barriers, Etc.--The Secretary
shall use both engineered and natural barriers and any other
measures (including waste form modifications) to the extent
necessary at WIPP to comply with the final disposal
regulations.''.
SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND
REGULATIONS.
(a) Section 9(a)(1).--Section 9(a)(1) is amended by adding
after and below subparagraph (H) the following: ``With
respect to transuranic mixed waste designated by the
Secretary for disposal at WIPP, such waste is exempt from
treatment standards promulgated pursuant to section 3004(m)
of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) and shall
not be subject to the land disposal prohibitions in section
3004(d), (e), (f), and (g) of the Solid Waste Disposal
Act.''.
(b) Section 9(b).--Subsection (b) of section 9 is repealed.
(c) Section 9(c)(2).--Subsection (c)(2) of section 9 is
repealed.
(d) Section 14.--Section 14 is amended--
(1) in subsection (a), by striking ``No provision'' and
inserting ``Except for the exemption from the land disposal
restrictions described in section 9(a)(1), no provision'';
and
(2) in subsection (b)(2), by striking ``including all terms
and conditions of the No-Migration Determination'' and
inserting ``except that the transuranic mixed waste
designated by the Secretary for disposal at WIPP is exempt
from the land disposal restrictions described in section
9(a)(1)''.
SEC. 3189. RETRIEVABILITY.
(a) Section 10.--Section 10 is amended to read as follows:
``SEC. 10. TRANSURANIC WASTE.
``It is the intent of Congress that the Secretary will
complete all actions required
[[Page S7611]]
under section 7(b) to commence emplacement of transuranic
waste underground for disposal at WIPP no later than November
30, 1997.''.
(b) Conforming Amendment.--The item relating to section 10
in the table of contents is amended to read as follows:
``Sec. 10. Transuranic waste.''.
SEC. 3190. DECOMMISSIONING OF WIPP
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years
after the date of the enactment of this Act, the'' and
inserting ``The''.
SEC. 3191. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
(a) Section 15(a) is amended by adding at the end the
following: ``An appropriation to the State shall be in
addition to any appropriation for WIPP.''.
(b) $20,000,000 is authorized to be appropriated in fiscal
year 1997 to the Secretary for payment to the State of New
Mexico for road improvements in connection with the WIPP.
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).
SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATERIALS IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), 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) $110,000,000 during the five-fiscal year period ending
September 30, 2001;
(2) $260,000,000 during the seven-fiscal year period ending
September 30, 2003; and
(3) $440,000,000 during the nine-fiscal year period ending
September 30, 2005.
(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
------------------------------------------------------------------------
Chrome Metal, Electrolytic................ 8,471 short tons
Cobalt.................................... 9,902,774 pounds
Columbium Carbide......................... 21,372 pounds
Columbium Ferro........................... 249,395 pounds
Diamond, Bort............................. 91,542 carats
Diamond, Stone............................ 3,029,413 carats
Germanium................................. 28,207 kilograms
Indium.................................... 15,205 troy ounces
Palladium................................. 1,249,601 troy ounces
Platinum.................................. 442,641 troy ounces
Rubber.................................... 567 long tons
Tantalum, Carbide Powder.................. 22,688 pounds contained
Tantalum, Minerals........................ 1,748,947 pounds contained
Tantalum, Oxide........................... 123,691 pounds contained
Titanium Sponge........................... 36,830 short tons
Tungsten.................................. 76,358,235 pounds
Tungsten, Carbide......................... 2,032,942 pounds
Tungsten, Metal Powder.................... 1,181,921 pounds
Tungsten, Ferro........................... 2,024,143 pounds
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may
not dispose of materials under subsection (a) to the extent
that the disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
[[Page S7612]]
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--(1) Notwithstanding section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h), funds received as a result of the disposal of
materials under subsection (a) shall be deposited into the
general fund of the Treasury and used to offset the revenues
lost as a result of the amendments made by subsection (a) of
section 4303 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
(2) This section shall be treated as qualifying offsetting
legislation for purposes of subsection (b) of such section
4303.
(e) 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.
(f) 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).
(g) Additional Limitation.--Of the amounts listed in the
table in subsection (b), titanium sponge may be sold only to
the extent necessary to attain the level of receipts
specified in subsection (a), after taking into account the
estimated receipts from the other materials in such table.
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.
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.
TITLE XXXVI--MISCELLANEOUS PROVISION
SEC. 3601. SENSE OF THE SENATE REGARDING THE REOPENING OF
PENNSYLVANIA AVENUE.
(a) Findings.--The Senate makes the following findings:
(1) In 1791, President George Washington commissioned
Pierre Charles L'Enfant to draft a blueprint for America's
new capital city; they envisioned Pennsylvania Avenue as a
bold, ceremonial boulevard physically linking the U.S.
Capitol building and the White House, and symbolically the
Legislative and Executive branches of government.
(2) An integral element of the District of Columbia,
Pennsylvania Avenue stood for 195 years as a vital, working,
unbroken roadway, elevating it into a place of national
importance as ``America's Main Street''.
(3) 1600 Pennsylvania Avenue, the White House, has become
America's most recognized address and a primary destination
of visitors to the Nation's Capital; ``the People's House''
is host to 5,000 tourists daily, and 15,000,000 annually.
(4) As home to the President, and given its prominent
location on Pennsylvania Avenue and its proximity to the
People, the White House has become a powerful symbol of
freedom, openness, and an individual's access to their
government.
(5) On May 20, 1995, citing possible security risks from
vehicles transporting terrorist bombs, President Clinton
ordered the Secret Service, in conjunction with the
Department of the Treasury, to close Pennsylvania Avenue to
vehicular traffic for two blocks in front of the White House.
(6) While the security of the President and visitors to the
White House is of grave concern and is not to be taken
lightly, the need to assure the President's safety must be
balanced with the expectation of freedom inherent in a
democracy; the present situation is tilted too heavily toward
security at freedom's expense.
(7) By impeding access and imposing undue hardships upon
tourists, residents of the District, commuters, and local
business owners and their customers, the closure of
Pennsylvania Avenue, undertaken without the counsel of the
government of the District of Columbia, has replaced the
former openness of the area surrounding the White House with
barricades, additional security checkpoints, and an
atmosphere of fear and distrust.
(8) In the year following the closure of Pennsylvania
Avenue, the taxpayers have borne a significant burden for
additional security measures along the Avenue near the White
House.
(b) Sense of the Senate.--It is the sense of the Senate
that the President should request the Department of the
Treasury and the Secret Service to work with the Government
of the District of Columbia to develop a plan for the
permanent reopening to vehicular traffic of Pennsylvania
Avenue in front of the White House in order to restore the
Avenue to its original state and return it to the people:
Provided, That the Secretary of the Treasury and the Secret
Service certify that the plan protects the security of the
people who live and work in the White House.
Mr. THURMOND. Mr. President, I move to reconsider the vote.
Mr. NUNN. I move to table the motion.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER (Mr. Shelby). Under the previous order, the
Senate now proceeds en bloc to the consideration of S. 1762, S. 1763,
and S. 1764. All after the enacting clause of each bill is stricken and
the appropriate text of S. 1745, as amended, is inserted in lieu
thereof.
The Senate bills are considered read the third time and passed, and
the motion to reconsider the vote on passage is laid upon the table.
Under the previous order, the Senate will now proceed to
consideration of H.R. 3230. All after the enacting clause is stricken,
and the text of S. 1745, as amended, is inserted in lieu thereof. The
bill is read the third time and passed, and the motion to reconsider
the vote on passage is laid upon the table.
Under the previous order, the Senate insists on its amendment, and
requests a conference with the House.
The PRESIDING OFFICER (Mr. Shelby) appointed Mr. Thurmond, Mr.
Warner, Mr. Cohen, Mr. McCain, Mr. Coats, Mr. Smith, Mr. Kempthorne,
Mrs. Hutchison, Mr. Inhofe, Mr. Santorum, Mrs. Frahm, Mr. Nunn, Mr.
Exon, Mr. Levin, Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr. Byrd, Mr.
Robb, Mr. Lieberman, and Mr. Bryan, conferees on the part of the
Senate.
____________________