[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.

                          ____________________