104TH CONGRESS

2D SESSION H. R. 3230

AN ACT

To authorize appropriations for fiscal year 1997 for

Armed Forces, and for other purposes.personnel strengths for such fiscal year for theties of the Department of Energy, to prescribefor military construction, and for defense activimilitary activities of the Department of Defense,
104TH CONGRESS

2D SESSION H. R. 3230

AN ACT

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1997’’.

6 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

7 CONTENTS.

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows:

10 (1) Division A—Department of Defense Au11 thorizations.

12 (2) Division B—Military Construction Author13 izations.

14 (3) Division C—Department of Energy Na15 tional Security Authorizations and Other Authoriza16 tions.

17 (b) TABLE OF CONTENTS.—The table of contents for

18 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.
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Sec. 107. Chemical Demilitarization Program.

Sec. 108. Defense health programs.

Subtitle B—Army Programs

Sec. 111. Repeal of limitation on procurement of certain aircraft.

Sec. 112. Multiyear procurement authority for Army programs.

Subtitle C—Navy Programs

Sec. 121. Nuclear attack submarine programs.

Sec. 122. Cost limitations for Seawolf submarine program.

Sec. 123. Pulse Doppler Radar modification.

Sec. 124. Reduction in number of vessels excluded from limit on purchase of

vessels built in foreign shipyards.

Sec. 125. T–39N trainer aircraft for the Navy.

Subtitle D—Air Force Programs

Sec. 141. Repeal of limitation on procurement of F–15E aircraft.

Sec. 142. C–17 aircraft procurement.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Sec. 203. Dual-use technology programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Space launch modernization.

Sec. 212. Live-fire survivability testing of V–22 aircraft.

Sec. 213. Live-fire survivability testing of F–22 aircraft.

Sec. 214. Demilitarization of conventional munitions, rockets, and explosives.

Sec. 215. Research activities of the Defense Advanced Research Projects Agency relating to chemical and biological warfare defense technology.

Sec. 216. Limitation on funding for F–16 tactical manned reconnaissance aircraft.

Sec. 217. Unmanned aerial vehicles.

Sec. 218. Hydra–70 rocket product improvement program.

Sec. 219. Space-Based Infrared System program.

Sec. 220. Joint Advanced Strike Technology (JAST) program.

Sec. 221. Joint United States-Israeli Nautilus Laser/Theater High Energy

Laser program.

Sec. 222. Nonlethal weapons research and development program.

Sec. 223. High altitude endurance unmanned aerial reconnaissance system.

Sec. 224. Certification of capability of United States to prevent illegal importation of nuclear, biological, or chemical weapons.

Subtitle C—Ballistic Missile Defense Programs

Sec. 231. Funding for Ballistic Missile Defense programs for fiscal year 1997.
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Sec. 232. Certification of capability of United States to defend against single

ballistic missile.

Sec. 233. Policy on compliance with the ABM Treaty.

Sec. 234. Requirement that multilateralization of the ABM Treaty be done only

through treaty-making power.

Sec. 235. Report on ballistic missile defense and proliferation.

Sec. 236. Revision to annual report on Ballistic Missile Defense programs.

Sec. 237. ABM Treaty defined.

Sec. 238. Capability of National Missile Defense system.

Subtitle D—Other Matters

Sec. 241. Uniform procedures and criteria for maintenance and repair at Air

Force installations.

Sec. 242. Requirements relating to Small Business Innovation Research Program.

Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic Guided

Missile (EFOG-M) system.

Sec. 244. Amendment to University Research Initiative Support program.

Sec. 245. Amendments to Defense Experimental Program To Stimulate Competitive Research.

Sec. 246. Elimination of report on the use of competitive procedures for the

award of certain contracts to colleges and universities.

Sec. 247. National Oceanographic Partnership Program.

Sec. 248. Funding increase for field emission flat panel technology.

Sec. 249. Natural resources assessment and training delivery system.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Subtitle B—Depot-Level Activities

Sec. 311. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.

Sec. 312. Exclusion of large maintenance and repair projects from percentage

limitation on contracting for depot-level maintenance.

Subtitle C—Environmental Provisions

Sec. 321. Repeal of report on contractor reimbursement costs.

Sec. 322. Payments of stipulated penalties assessed under CERCLA.

Sec. 323. Conservation and Readiness Program.

Sec. 324. Navy compliance with shipboard solid waste control requirements.

Sec. 325. Authority to develop and implement land use plans for Defense Environmental Restoration Program.

Sec. 326. Pilot program to test alternative technologies for limiting air emissions during shipyard blasting and coating operations.

Sec. 327. Navy program to monitor ecological effects of organotin.

Sec. 328. Agreements for services of other agencies in support of environmental

technology demonstration and validation.
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Subtitle D—Civilian Employees and Nonappropriated Fund

Instrumentality Employees

Sec. 331. Repeal of prohibition on payment of lodging expenses when adequate

Government quarters are available.

Sec. 332. Voluntary separation incentive pay modification.

Sec. 333. Wage-board compensatory time off.

Sec. 334. Simplification of rules relating to the observance of certain holidays.

Sec. 335. Phased retirement.

Sec. 336. Modification of authority for civilian employees of Department of Defense to participate voluntarily in reductions in force.

Subtitle E—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 341. Contracts with other agencies and instrumentalities for goods and

services.

Sec. 342. Noncompetitive procurement of brand-name commercial items for resale in commissary stores.

Sec. 343. Prohibition of sale or rental of sexually explicit material.

Subtitle F—Performance of Functions by Private-Sector

Sources

Sec. 351. Extension of requirement for competitive procurement of printing and

duplication services.

Sec. 352. Requirement regarding use of private shipyards for complex naval

ship repair contracts.

Subtitle G—Other Matters

Sec. 360. Termination of Defense Business Operations Fund and preparation

of plan regarding improved operation of working-capital funds.

Sec. 361. Increase in capital asset threshold under Defense Business Operations Fund.

Sec. 362. Transfer of excess personal property to support law enforcement activities.

Sec. 363. Storage of motor vehicle in lieu of transportation.

Sec. 364. Control of transportation systems in time of war.

Sec. 365. Security protections at Department of Defense facilities in National

Capital Region.

Sec. 366. Modifications to Armed Forces Retirement Home Act of 1991.

Sec. 367. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.

Sec. 368. Retention of civilian employee positions at military training bases

transferred to National Guard.

Sec. 369. Expansion of authority to donate unusable food.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Permanent end strength levels to support two major regional contingencies.
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Sec. 403. Authorized strengths for commissioned officers on active duty in

grades of major, lieutenant colonel, and colonel and Navy

grades of lieutenant commander, commander, and captain.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Sec. 413. End strengths for military technicians.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Personnel Management

Sec. 501. Authorization for senior enlisted members to reenlist for an indefinite

period of time.

Sec. 502. Authority to extend entry on active duty under the Delayed Entry

Program.

Sec. 503. Permanent authority for Navy spot promotions for certain lieutenants.

Sec. 504. Reports on response to recommendations concerning improvements to

Department of Defense Joint Manpower Process.

Sec. 505. Frequency of reports to Congress on Joint Officer Management Policies.

Sec. 506. Repeal of requirement that commissioned officers be initially appointed in a reserve grade.

Sec. 507. Continuation on active status for certain reserve officers of the Air

Force.

Sec. 508. Clarification of applicability of certain management constraints on

major range and test facility base structure.

Subtitle B—Reserve Component Matters

Sec. 511. Individual Ready Reserve activation authority.

Sec. 512. Training for reserves on active duty in support of the reserves.

Sec. 513. Clarification to definition of active status.

Sec. 514. Appointment above grade of 0–2 in the Naval Reserve.

Sec. 515. Report on number of advisers in active component support of reserves

pilot program.

Sec. 516. Sense of Congress and report regarding reemployment rights for mobilized reservists employed in foreign countries.

Sec. 517. Eligibility for enrollment in Ready Reserve mobilization income insurance program.

Subtitle C—Jurisdiction and Powers of Courts-Martial for the

National Guard When Not in Federal Service

Sec. 531. Composition, jurisdiction, and procedures of courts-martial.

Sec. 532. General courts-martial.

Sec. 533. Special courts-martial.

Sec. 534. Summary courts-martial.

Sec. 535. Repeal of authority for confinement in lieu of fine.

Sec. 536. Approval of sentence of bad conduct discharge or confinement.

Sec. 537. Authority of military judges.
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Sec. 538. Statutory reorganization.

Sec. 539. Effective date.

Sec. 540. Conforming amendments to Uniform Code of Military Justice.

Subtitle D—Education and Training Programs

Sec. 551. Extension of maximum age for appointment as a cadet or midshipman in the Senior Reserve Officers’ Training Corps and

the service academies.

Sec. 552. Oversight and management of Senior Reserve Officers’ Training

Corps program.

Sec. 553. ROTC scholarship student participation in simultaneous membership

program.

Sec. 554. Expansion of ROTC advanced training program to include graduate

students.

Sec. 555. Reserve credit for members of Armed Forces Health Professions

Scholarship and Financial Assistance Program.

Sec. 556. Expansion of eligibility for education benefits to include certain Reserve Officers’ Training Corps (ROTC) participants.

Sec. 557. Comptroller General report on cost and policy implications of permitting up to five percent of service academy graduates to be assigned directly to reserve duty upon graduation.

Subtitle E—Other Matters

Sec. 561. Hate crimes in the military.

Sec. 562. Authority of a reserve judge advocate to act as a notary public.

Sec. 563. Authority to provide legal assistance to Public Health Service officers.

Sec. 564. Excepted appointment of certain judicial non-attorney staff in the

United States Court of Appeals for the Armed Forces.

Sec. 565. Replacement of certain American theater campaign ribbons.

Sec. 566. Restoration of regulations prohibiting service of homosexuals in the

Armed Forces.

Sec. 567. Reenactment and modification of mandatory separation from service

for members diagnosed with HIV–1 virus.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1997.

Sec. 602. Availability of basic allowance for quarters for certain members without dependents who serve on sea duty.

Sec. 603. Establishment of minimum monthly amount of variable housing allowance for high housing cost areas.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.

Sec. 612. Extension of certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authority relating to payment of other bonuses and special pays.

Sec. 614. Special incentives to recruit and retain dental officers.

Subtitle C—Travel and Transportation Allowances
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Sec. 621. Temporary lodging expenses of member in connection with first permanent change of station.

Sec. 622. Allowance in connection with shipping motor vehicle at government

expense.

Sec. 623. Dislocation allowance at a rate equal to two and one-half months

basic allowance for quarters.

Sec. 624. Allowance for travel performed in connection with leave between consecutive overseas tours.

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

Sec. 631. Increase in annual limit on days of inactive duty training creditable

towards reserve retirement.

Sec. 632. Authority for retirement in grade in which a member has been selected for promotion when a physical disability intervenes.

Sec. 633. Eligibility for reserve disability retirement for reserves injured while

away from home overnight for inactive-duty training.

Sec. 634. Retirement of reserve enlisted members who qualify for active duty

retirement after administrative reduction in enlisted grade.

Sec. 635. Clarification of initial computation of retiree COLAs after retirement.

Sec. 636. Technical correction to prior authority for payment of back pay to

certain persons.

Sec. 637. Amendments to the Uniformed Services Former Spouses’ Protection

Act.

Sec. 638. Administration of benefits for so-called minimum income widows.

Sec. 639. Nonsubstantive restatement of Survivor Benefit Plan statute.

Subtitle E—Other Matters

Sec. 651. Technical correction clarifying ability of certain members to elect not

to occupy Government quarters.

Sec. 652. Technical correction clarifying limitation on furnishing clothing or allowances for enlisted National Guard technicians.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Medical and dental care for reserve component members in a duty

status.

Sec. 702. Preventive health care screening for colon and prostate cancer.

Subtitle B—TRICARE Program

Sec. 711. Definition of TRICARE program.

Sec. 712. CHAMPUS payment limits for TRICARE prime enrollees.

Sec. 713. Improved information exchange between military treatment facilities

and TRICARE program contractors.

Subtitle C—Uniformed Services Treatment Facilities

Sec. 721. Definitions.

Sec. 722. Inclusion of designated providers in uniformed services health care

delivery system.

Sec. 723. Provision of uniform benefit by designated providers.

Sec. 724. Enrollment of covered beneficiaries.

Sec. 725. Application of CHAMPUS payment rules.
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Sec. 726. Payments for services.

Sec. 727. Repeal of superseded authorities.

Subtitle D—Other Changes to Existing Laws Regarding

Health Care Management

Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically necessary treatment in connection with certain clinical trials.

Sec. 732. Authority to waive or reduce CHAMPUS deductible amounts for reservists called to active duty in support of contingency operations.

Sec. 733. Exception to maximum allowable payments to individual health-care

providers under CHAMPUS.

Sec. 734. Codification of annual authority to credit CHAMPUS refunds to current year appropriation.

Sec. 735. Exceptions to requirements regarding obtaining nonavailability-ofhealth-care statements.

Sec. 736. Expansion of collection authorities from third-party payers.

Subtitle E—Other Matters

Sec. 741. Alternatives to active duty service obligation under Armed Forces

Health Professions Scholarship and Financial Assistance program and Uniformed Services University of the Health

Sciences.

Sec. 742. Exception to strength limitations for Public Health Service officers

assigned to Department of Defense.

Sec. 743. Continued operation of Uniformed Services University of the Health

Sciences.

Sec. 744. Sense of Congress regarding tax treatment of Armed Forces Health

Professions Scholarship and Financial Assistance program.

Sec. 745. Report regarding specialized treatment facility program.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Management

Sec. 801. Authority to waive certain requirements for defense acquisition pilot

programs.

Sec. 802. Exclusion from certain post-education duty assignments for members

of Acquisition Corps.

Sec. 803. Extension of authority to carry out certain prototype projects.

Sec. 804. Increase in threshold amounts for major systems.

Sec. 805. Revisions in information required to be included in Selected Acquisition Reports.

Sec. 806. Increase in simplified acquisition threshold for humanitarian or

peacekeeping operations.

Sec. 807. Expansion of audit reciprocity among Federal agencies to include

post-award audits.

Sec. 808. Extension of pilot mentor-protege program.

Subtitle B—Other Matters

Sec. 821. Amendment to definition of national security system under Information Technology Management Reform Act of 1995.
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Sec. 822. Prohibition on release of contractor proposals under Freedom of Information Act.

Sec. 823. Repeal of annual report by advocate for competition.

Sec. 824. Repeal of biannual report on procurement regulatory activity.

Sec. 825. Repeal of multiyear limitation on contracts for inspection, maintenance, and repair.

Sec. 826. Streamlined notice requirements to contractors and employees regarding termination or substantial reduction in contracts under

major defense programs.

Sec. 827. Repeal of notice requirements for substantially or seriously affected

parties in downsizing efforts.

Sec. 828. Testing of defense acquisition programs.

Sec. 829. Dependency of national technology and industrial base on supplies

available only from foreign countries.

Sec. 830. Sense of Congress regarding treatment of Department of Defense

cable television franchise agreements.

Sec. 831. Extension of domestic source limitation for valves and machine tools.

Sec. 832. Demonstration project for purchase of fire, security, police, public

works, and utility services from local government agencies.

Sec. 833. Study of effectiveness of defense mergers.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Sec. 901. Additional required reduction in defense acquisition workforce.

Sec. 902. Reduction of personnel assigned to Office of the Secretary of Defense.

Sec. 903. Report on military department headquarters staffs.

Sec. 904. Extension of effective date for charter for Joint Requirements Oversight Council.

Sec. 905. Removal of Secretary of the Army from membership on the Foreign

Trade Zone Board.

Sec. 906. Membership of the Ammunition Storage Board.

Sec. 907. Department of Defense disbursing official check cashing and exchange transactions.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authority for obligation of certain unauthorized fiscal year 1996 defense appropriations.

Sec. 1004. Authorization of prior emergency supplemental appropriations for

fiscal year 1996.

Sec. 1005. Format for budget requests for Navy/Marine Corps and Air Force

ammunition accounts.

Sec. 1006. Format for budget requests for Defense Airborne Reconnaissance

program.

Subtitle B—Reports and Studies

Sec. 1021. Annual report on Operation Provide Comfort and Operation Enhanced Southern Watch.

Sec. 1022. Report on protection of national information infrastructure.
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Sec. 1023. Report on witness interview procedures for Department of Defense

criminal investigations.

Subtitle C—Other Matters

Sec. 1031. Information systems security program.

Sec. 1032. Aviation and vessel war risk insurance.

Sec. 1033. Aircraft accident investigation boards.

Sec. 1034. Authority for use of appropriated funds for recruiting functions.

Sec. 1035. Authority for award of Medal of Honor to certain African American

soldiers who served during World War II.

Sec. 1036. Compensation for persons awarded prisoner of war medal who did

not previously receive compensation as a prisoner of war.

Sec. 1037. George C. Marshall European Center for Strategic Security Studies.

Sec. 1038. Participation of members, dependents, and other persons in crime

prevention efforts at installations.

Sec. 1039. Technical and clerical amendments.

Sec. 1040. Prohibition on carrying out SR–71 strategic reconnaissance program

during fiscal year 1997.

Sec. 1041. Defense burdensharing.

Sec. 1042. Authority to transport health professionals seeking to provide

health-related humanitarian relief services.

Sec. 1043. Treatment of excess defense articles of Coast Guard under Foreign

Assistance Act of 1961.

Sec. 1044. Forfeiture of retired pay of members who are absent from the

United States to avoid prosecution.

Sec. 1045. Chemical stockpile emergency preparedness program.

Sec. 1046. Quarterly reports regarding coproduction agreements.

Sec. 1047. Failure to comply with veterans’ preference requirements to be

treated as a prohibited personnel practice.

Sec. 1048. Sense of Congress and Presidential report regarding nuclear weapons proliferation and policies of the People’s Republic of China.

Sec. 1049. Transfer of U.S.S. Drum to City of Vallejo, California.

Sec. 1050. Evaluation of digital video network equipment used in Olympic

games.

Sec. 1051. Mission of the White House Communications Agency.

Sec. 1052. Transfer of naval vessels to certain foreign countries.

Sec. 1053. Annual report relating to Buy American Act.

Sec. 1054. Sense of Congress concerning assisting other countries to improve

security of fissile material.

Sec. 1055. Southwest Border States Anti-Drug Information System.

TITLE XI—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1101. Specification of Cooperative Threat Reduction programs.

Sec. 1102. Fiscal year 1997 funding allocations.

Sec. 1103. Prohibition on use of funds for specified purposes.

Sec. 1104. Limitation on use of funds until specified reports are submitted.

Sec. 1105. Availability of funds.

TITLE XII—RESERVE FORCES REVITALIZATION

Sec. 1201. Short title.

Sec. 1202. Purpose.

Subtitle A—Reserve Component Structure
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Sec. 1211. Reserve component commands.

Sec. 1212. Reserve component chiefs.

Sec. 1213. Review of active duty and reserve general and flag officer authorizations.

Sec. 1214. Guard and Reserve technicians.

Sec. 1215. Technical amendment reflecting prior revision to National Guard

Bureau charter.

Subtitle B—Reserve Component Accessibility

Sec. 1231. Report to Congress on measures to improve National Guard and Reserve ability to respond to emergencies.

Sec. 1232. Report to Congress concerning tax incentives for employers of members of reserve components.

Sec. 1233. Report to Congress concerning income insurance program for activated reservists.

Sec. 1234. Report to Congress concerning small business loans for members released from reserve service during contingency operations.

Subtitle C—Reserve Forces Sustainment

Sec. 1251. Report concerning tax deductibility of nonreimbursable expenses.

Sec. 1252. Codification of annual authority to pay transient housing charges or

provide lodging in kind for members performing active duty for

training or inactive-duty training.

Sec. 1253. Sense of Congress concerning quarters allowance during service on

active duty for training.

Sec. 1254. Sense of Congress concerning military leave policy.

Sec. 1255. Commendation of Reserve Forces Policy Board.

Sec. 1256. Report on parity of benefits for active duty service and reserve service.

TITLE XIII—ARMS CONTROL AND RELATED MATTERS

Subtitle A—Miscellaneous Matters

Sec. 1301. One-year extension of counterproliferation authorities.

Sec. 1302. Limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1303. Certification required before observance of moratorium on use by

Armed Forces of antipersonnel landmines.

Sec. 1304. Department of Defense demining program.

Sec. 1305. Report on military capabilities of People’s Republic of China.

Sec. 1306. United States-People’s Republic of China Joint Defense Conversion

Commission.

Sec. 1307. Authority to accept services from foreign governments and international organizations for defense purposes.

Sec. 1308. Review by Director of Central Intelligence of National Intelligence

Estimate 95–19

Subtitle B—Commission to Assess the Ballistic Missile Threat

to the United States

Sec. 1321. Establishment of Commission.

Sec. 1322. Duties of Commission.

Sec. 1323. Report.

Sec. 1324. Powers.
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Sec. 1325. Commission procedures.

Sec. 1326. Personnel matters.

Sec. 1327. Miscellaneous administrative provisions.

Sec. 1328. Funding.

Sec. 1329. Termination of the Commission.

TITLE XIV—SIKES ACT IMPROVEMENT

Sec. 1401. Short title.

Sec. 1402. Definition of Sikes Act for purposes of amendments.

Sec. 1403. Codification of short title of Act.

Sec. 1404. Integrated natural resource management plans.

Sec. 1405. Review for preparation of integrated natural resource management

plans.

Sec. 1406. Annual reviews and reports.

Sec. 1407. Transfer of wildlife conservation fees from closed military installations.

Sec. 1408. Federal enforcement of integrated natural resource management

plans and enforcement of other laws.

Sec. 1409. Natural resource management services.

Sec. 1410. Definitions.

Sec. 1411. Cooperative agreements.

Sec. 1412. Repeal of superseded provision.

Sec. 1413. Clerical amendments.

Sec. 1414. Authorizations of appropriations.

TITLE XV—DEFENSE AND SECURITY ASSISTANCE

Subtitle A—Military and Related Assistance

Sec. 1501. Terms of loans under the foreign military financing program.

Sec. 1502. Additional requirements under the foreign military financing program.

Sec. 1503. Drawdown special authorities.

Sec. 1504. Transfer of excess defense articles.

Sec. 1505. Excess defense articles for certain European countries.

Subtitle B—International Military Education and Training.

Sec. 1511. Assistance for Indonesia.

Sec. 1512. Additional requirements.

Subtitle C—Antiterrorism Assistance.

Sec. 1521. Antiterrorism training assistance.

Sec. 1522. Research and development expenses.

Subtitle D—Narcotics Control Assistance.

Sec. 1531. Additional requirements.

Sec. 1532. Notification requirement.

Sec. 1533. Waiver of restrictions for narcotics-related economic assistance.

Subtitle E—Other Provisions.

Sec. 1541. Standardization of Congressional review procedures for arms transfers.
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Sec. 1542. Increased standardization, rationalization, and interoperability of assistance and sales programs.

Sec. 1543. Definition of significant military equipment.

Sec. 1544. Elimination of annual reporting requirement relating to the special

defense acquisition fund.

Sec. 1545. Cost of leased defense articles that have been lost or destroyed.

Sec. 1546. Designation of major non-NATO allies.

Sec. 1547. Certification thresholds.

Sec. 1548. Depleted uranium ammunition.

Sec. 1549. End-use monitoring of defense articles and defense services.

Sec. 1550. Brokering activities relating to commercial sales of defense articles

and services.

Sec. 1551. Return and exchanges of defense articles previously transferred pursuant to the Arms Export Control Act.

Sec. 1552. National security interest determination to waive reimbursement of

depreciation for leased defense articles.

Sec. 1553. Eligibility of Panama under Arms Export Control Act.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Correction in authorized uses of funds, Fort Irwin, California.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Beach replenishment, Naval Air Station, North Island, California.

Sec. 2206. Lease to facilitate construction of reserve center, Naval Air Station,

Meridian, Mississippi.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing planning and design.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Military housing improvement program.

Sec. 2405. Energy conservation projects.

Sec. 2406. Authorization of appropriations, Defense Agencies.
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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Naming of range at Camp Shelby, Mississippi.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1994 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1993 projects.

Sec. 2704. Extension of authorizations of certain fiscal year 1992 projects.

Sec. 2705. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction and Military Family

Housing

Sec. 2801. North Atlantic Treaty Organization Security Investment Program.

Sec. 2802. Authority to demolish excess facilities.

Sec. 2803. Improvements to family housing units.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Restoration of authority for certain intragovernment transfers under

1988 base closure law.

Sec. 2812. Contracting for certain services at facilities remaining on closed installations.

Sec. 2813. Authority to compensate owners of manufactured housing.

Sec. 2814. Additional purpose for which adjustment and diversification assistance is authorized.

Sec. 2815. Payment of stipulated penalties assessed under CERCLA in connection with Loring Air Force Base, Maine.

Sec. 2816. Plan for utilization, reutilization, or disposal of Mississippi Army

Ammunization Plant.

Subtitle C—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2821. Transfer and exchange of jurisdiction, Arlington National Cemetery,

Arlington, Virginia.

Sec. 2822. Land conveyance, Army Reserve Center, Rushville, Indiana.

Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South Carolina.

Sec. 2824. Reaffirmation of land conveyances, Fort Sheridan, Illinois.

PART II—NAVY CONVEYANCES

Sec. 2831. Release of condition on reconveyance of transferred land, Guam.
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Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, Virginia.

Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons Industrial Reserve Plant, Calverton, New York.

PART III—AIR FORCE CONVEYANCES

Sec. 2841. Conveyance of primate research complex, Holloman Air Force Base,

New Mexico.

Sec. 2842. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South

Dakota.

PART IV—OTHER CONVEYANCES

Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.

Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,

North Dakota.

Subtitle D—Other Matters

Sec. 2861. Easements for rights-of-way.

Sec. 2862. Authority to enter into cooperative agreements for the management

of cultural resources on military installations.

Sec. 2863. Demonstration project for installation and operation of electric

power distribution system at Youngstown Air Reserve Station,

Ohio.

Sec. 2864. Designation of Michael O’Callaghan Military Hospital.

TITLE XXIX—MILITARY LAND WITHDRAWALS

Subtitle A—Fort Carson-Pinon Canyon Military Lands

Withdrawal

Sec. 2901. Short title.

Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military Reservation.

Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver

Site.

Sec. 2904. Maps and legal descriptions.

Sec. 2905. Management of withdrawn lands.

Sec. 2906. Management of withdrawn and acquired mineral resources.

Sec. 2907. Hunting, fishing, and trapping.

Sec. 2908. Termination of withdrawal and reservation.

Sec. 2909. Determination of presence of contamination and effect of contamination.

Sec. 2910. Delegation.

Sec. 2911. Hold harmless.

Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.

Sec. 2913. Authorization of appropriations.

Subtitle B—El Centro Naval Air Facility Ranges Withdrawal

Sec. 2921. Short title and definitions.

Sec. 2922. Withdrawal and reservation of lands for El Centro.

Sec. 2923. Maps and legal descriptions.

Sec. 2924. Management of withdrawn lands.

Sec. 2925. Duration of withdrawal and reservation.

Sec. 2926. Continuation of ongoing decontamination activities.
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Sec. 2927. Requirements for extension.

Sec. 2928. Early relinquishment of withdrawal.

Sec. 2929. Delegation of authority.

Sec. 2930. Hunting, fishing, and trapping.

Sec. 2931. Hold harmless.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Defense fixed asset acquisition.

Sec. 3104. Other defense activities.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Stockpile stewardship program.

Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.

Sec. 3133. Production of high explosives.

Sec. 3134. Limitation on use of funds by laboratories for laboratory-directed research and development.

Sec. 3135. Prohibition on funding nuclear weapons activities with People’s Republic of China.

Sec. 3136. International cooperative stockpile stewardship programs.

Sec. 3137. Temporary authority relating to transfers of defense environmental

management funds.

Sec. 3138. Management structure for nuclear weapons production facilities and

nuclear weapons laboratories.

Subtitle D—Other Matters

Sec. 3141. Report on nuclear weapons stockpile memorandum.

Sec. 3142. Report on plutonium pit production and remanufacturing plans.

Sec. 3143. Amendments relating to baseline environmental management reports.

Sec. 3144. Requirement to develop future use plans for environmental management program.
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Sec. 3145. Worker health and safety improvements at Defense Nuclear Complex, Miamisburg, Ohio.

Subtitle E—Defense Nuclear Environmental Cleanup and

Management

Sec. 3151. Purpose.

Sec. 3152. Covered defense nuclear facilities.

Sec. 3153. Site manager.

Sec. 3154. Department of Energy orders.

Sec. 3155. Deployment of technology for remediation of defense nuclear waste.

Sec. 3156. Performance-based contracting.

Sec. 3157. Designation of defense nuclear facilities as national environmental

cleanup demonstration areas.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Subtitle A—Authorization of Disposals and Use of Funds

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Subtitle B—Programmatic Change

Sec. 3311. Biennial report on stockpile requirements.

Sec. 3312. Notification requirements.

Sec. 3313. Importation of strategic and critical materials.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Sec. 3402. Price requirement on sale of certain petroleum during fiscal year

1997.

TITLE XXXV—PANAMA CANAL COMMISSION

Subtitle A—Authorization of Appropriations

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures only in accordance with treaties.

Subtitle B—Amendments to Panama Canal Act of 1979

Sec. 3521. Short title; references.

Sec. 3522. Definitions and recommendation for legislation.

Sec. 3523. Administrator.

Sec. 3524. Deputy Administrator and Chief Engineer.

Sec. 3525. Office of Ombudsman.

Sec. 3526. Appointment and compensation; duties.

Sec. 3527. Applicability of certain benefits.

Sec. 3528. Travel and transportation expenses.

Sec. 3529. Clarification of definition of agency.
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Sec. 3530. Panama Canal Employment System; merit and other employment

requirements.

Sec. 3531. Employment standards.

Sec. 3532. Repeal of obsolete provision regarding interim application of Canal

Zone Merit System.

Sec. 3533. Repeal of provision relating to recruitment and retention remuneration.

Sec. 3534. Benefits based on basic pay.

Sec. 3535. Vesting of general administrative authority of Commission.

Sec. 3536. Applicability of certain laws.

Sec. 3537. Repeal of provision relating to transferred or reemployed employees.

Sec. 3538. Administration of special disability benefits.

Sec. 3539. Panama Canal Revolving Fund.

Sec. 3540. Printing.

Sec. 3541. Accounting policies.

Sec. 3542. Interagency services; reimbursements.

Sec. 3543. Postal service.

Sec. 3544. Investigation of accidents or injury giving rise to claim.

Sec. 3545. Operations regulations.

Sec. 3546. Miscellaneous repeals.

Sec. 3547. Exemption.

Sec. 3548. Miscellaneous conforming amendments to title 5, United States

Code.

Sec. 3549. Repeal of Panama Canal Code.

Sec. 3550. Miscellaneous clerical and conforming amendments.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1997 for procurement for the Army as follows:

9 (1) For aircraft, $1,556,615,000.

10 (2) For missiles, $1,027,829,000.

11 (3) For weapons and tracked combat vehicles,

12 $1,334,814,000.

13 (4) For ammunition, $1,160,728,000.

14 (5) For other procurement, $2,812,240,000.

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 1997 for procurement for the Navy

18 as follows:

19 (1) For aircraft, $6,668,952,000.

20 (2) For weapons, including missiles and tor21 pedoes, $1,305,308,000.

22 (3) For shipbuilding and conversion,

23 $5,479,930,000.

24 (4) For other procurement, $2,871,495,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 1997 for procurement for

3 the Marine Corps in the amount of $546,748,000.

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

5 are hereby authorized to be appropriated for procurement

6 of ammunition for Navy and the Marine Corps in the

7 amount of $599,239,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1997 for procurement for the Air Force as fol11 lows:

12 (1) For aircraft, $7,271,928,000.

13 (2) For missiles, $4,341,178,000.

14 (3) For ammunition, $303,899,000.

15 (4) For other procurement, $6,117,419,000.

16 SEC. 104. DEFENSE-WIDE ACTIVITIES.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1997 for Defense-wide procurement in the

19 amount of $1,890,212,000.

20 SEC. 105. RESERVE COMPONENTS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1997 for procurement of aircraft, vehicles, com23 munications equipment, and other equipment for the re24 serve components of the Armed Forces as follows:
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1 (1) For the Army National Guard,

2 $118,000,000.

3 (2) For the Air National Guard, $158,000,000.

4 (3) For the Army Reserve, $106,000,000.

5 (4) For the Naval Reserve, $192,000,000.

6 (5) For the Air Force Reserve, $148,000,000.

7 (6) For the Marine Corps Reserve,

8 $83,000,000.

9 SEC. 106. DEFENSE INSPECTOR GENERAL.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1997 for procurement for the Inspector General

12 of the Department of Defense in the amount of

13 $2,000,000.

14 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

15 (a) AUTHORIZATION.—There is hereby authorized to

16 be appropriated for fiscal year 1997 the amount of

17 $799,847,000 for—

18 (1) the destruction of lethal chemical agents

19 and munitions in accordance with section 1412 of

20 the Department of Defense Authorization Act, 1986

21 (50 U.S.C. 1521); and

22 (2) the destruction of chemical warfare materiel

23 of the United States that is not covered by section

24 1412 of such Act.
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1 (b) AMOUNT FOR ALTERNATIVE TECHNOLOGY AND

2 APPROACHES PROJECT.—Of the amount specified in sub3 section (a), $21,000,000 shall be available for the Alter4 native Technology and Approaches Project.

5 SEC. 108. DEFENSE HEALTH PROGRAMS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for the Department of Defense for pro8 curement for carrying out health care programs, projects,

9 and activities of the Department of Defense in the total

10 amount of $269,470,000.

11 Subtitle B—Army Programs

12 SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF

13 CERTAIN AIRCRAFT.

14 (a) APACHE HELICOPTERS.—Section 132 of the Na15 tional Defense Authorization Act for Fiscal Years 1990

16 and 1991 (Public Law 101–189; 103 Stat. 1383) is re17 pealed.

18 (b) OH–58D ARMED KIOWA WARRIOR HELI19 COPTERS.—Section 133 the National Defense Authoriza20 tion Act for Fiscal Years 1990 and 1991 (Public Law

21 101–189; 103 Stat. 1383) is repealed.

22 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR

23 ARMY PROGRAMS.

24 (a) AVENGER AIR DEFENSE MISSILE SYSTEM.—Not25 withstanding the limitation in subsection (k) of section
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1 2306b of title 10, United States Code, relating to the max2 imum duration of a multiyear contract under the authority

3 of that section, the Secretary of the Army may extend the

4 multiyear contract in effect during fiscal year 1996 for

5 the Avenger Air Defense Missile system through fiscal

6 year 1997 and may award such an extension.

7 (b) ARMY TACTICAL MISSILE SYSTEM.—The Sec8 retary of the Army may, in accordance with section 2306b

9 of title 10, United States Code, enter into a multiyear pro10 curement contract, beginning with the fiscal year 1997

11 program year, for procurement of the Army Tactical Mis12 sile System (Army TACMS).

13 Subtitle C—Navy Programs

14 SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.

15 (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—

16 Of the amount authorized by section 102 to be appro17 priated for Shipbuilding and Conversion, Navy, for fiscal

18 year 1997—

19 (1) $699,071,000 is available for continued con20 struction of the third vessel (designated SSN–23) in

21 the Seawolf attack submarine class, which shall be

22 the final vessel in that class;

23 (2) $296,186,000 is available for long-lead and

24 advance construction and procurement of compo25 nents for construction of a submarine (previously
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1 designated by the Navy as the New Attack Sub2 marine) beginning in fiscal year 1998 to be built by

3 Electric Boat Division; and

4 (3) $504,000,000 is available for long-lead and

5 advance construction and procurement of compo6 nents for construction of a second submarine (pre7 viously designated by the Navy as the New Attack

8 Submarine) beginning in fiscal year 1999 to be built

9 by Newport News Shipbuilding.

10 (b) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC11 COUNT.—(1) Of the amount authorized to be appropriated

12 by section 201 for Research, Development, Test, and Eval13 uation, Navy, $489,443,000 is available for the design of

14 the submarine previously designated by the Navy as the

15 New Attack Submarine. Such funds shall be available for

16 obligation and expenditure under contracts with Electric

17 Boat Division and Newport News Shipbuilding to carry

18 out the provisions of the ‘‘Memorandum of Agreement

19 Among the Department of the Navy, Electric Boat Cor20 poration (EB) and Newport News Shipbuilding and Dry21 dock Company (NNS) Concerning the New Attack Sub22 marine’’, dated April 5, 1996, relating to design data

23 transfer, design improvements, integrated process teams,

24 updated design base, and other research and development

25 initiatives related to the design of such submarine.
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1 (2)(A) Of the amount authorized to be appropriated

2 by section 201(2), $60,000,000 is available to address the

3 inclusion on future nuclear attack submarines of the spe4 cific advanced technologies that are identified by the Sec5 retary of Defense (in the report of the Secretary entitled

6 ‘‘Report on Nuclear Attack Submarine Procurement and

7 Submarine Technology’’, submitted to Congress on March

8 26, 1996) as those technologies the maturation of which

9 the Submarine Technology Assessment Panel rec10 ommended be addressed in its March 15, 1996, final re11 port to the Assistant Secretary of the Navy for Research,

12 Development, and Acquisition, as follows: hydrodynamics,

13 alternative sail designs, advanced arrays, electric drive, ex14 ternal weapons and active controls and mounts.

15 (B) Of the amount referred to in subparagraph (A),

16 $20,000,000 shall be equally divided between the two ship17 yards for the purpose of ensuring that the shipyards are

18 principal participants in the process of addressing the in19 clusion of technologies referred to in subparagraph (A).

20 The Secretary of the Navy shall ensure that those ship21 yards have access for such purpose (under procedures pre22 scribed by the Secretary) to the Navy laboratories and the

23 Office of Naval Intelligence and (in accordance with ar24 rangements to be made by the Secretary) to the Defense

25 Advanced Research Projects Agency.
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1 (3) Of the amount authorized to be appropriated by

2 section 201(2), $38,000,000 is available to begin funding

3 those Category I and Category II advanced technologies

4 described in Appendix C of the report of the Secretary

5 of Defense referred to in paragraph (2).

6 (4) Of the amount authorized to be appropriated by

7 section 201(2), $40,000,000 is available to provide funds

8 for the design improvements in accordance with subsection

9 (f), to be equally divided between the two shipyards.

10 (5)(A) Of the amount authorized to be appropriated

11 by section 201(2), $50,000,000 is available to initiate the

12 design of a new, next-generation nuclear attack sub13 marine, the design of which is not intended to be an out14 growth of the submarine program described in section 131

15 of the National Defense Authorization Act for Fiscal Year

16 1996 (Public Law 104–106; 110 Stat. 208). Those funds

17 shall be equally divided between the two shipyards and

18 shall provide alternatives to the design or designs to be

19 derived in accordance with subsection (f). The Secretary

20 of the Navy shall compete those alternative designs with

21 the design or designs to be derived in accordance with sub22 section (f) for serial production beginning not earlier than

23 fiscal year 2003.

24 (B) The design under subparagraph (A) should pro25 ceed from, but not be limited to, the technology specified
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1 in paragraph (2)(A), especially with respect to

2 hydrodynamics concepts and technologies. The Secretary

3 shall require the two shipyards to submit to the Secretary

4 an annual report on the progress of the design work under

5 subparagraph (A) and shall transmit each such report to

6 the committees specified in subsection (d)(1).

7 (c) CONTRACTS AUTHORIZED.—(1) The Secretary of

8 the Navy is authorized, using funds available pursuant to

9 paragraphs (2) and (3) of subsection (a), to enter into

10 contracts with Electric Boat Division and Newport News

11 Shipbuilding, and suppliers of components, during fiscal

12 year 1997 for—

13 (A) the procurement of long-lead components

14 for the fiscal year 1998 submarine and the fiscal

15 year 1999 submarine under this section; and

16 (B) advance construction of such components

17 and other components for such submarines.

18 (2) The Secretary may enter into a contract or con19 tracts under this section with the shipbuilder of the fiscal

20 year 1998 submarine only if the Secretary enters into a

21 contract or contracts under this section with the ship22 builder of the fiscal year 1999 submarine.

23 (d) LIMITATIONS.—(1) Of the amounts specified in

24 subsection (a), not more than $50,000,000 may be obli25 gated until the Secretary of Defense certifies in writing
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1 to the Committee on Armed Services of the Senate and

2 the Committee on National Security of the House of Rep3 resentatives that procurement of nuclear attack sub4 marines to be constructed after four submarines are pro5 cured as provided for in the plan described in section

6 131(c) of the National Defense Authorization Act for fis7 cal year 1996 will be under one or more contracts that

8 are entered into after competition between Electric Boat

9 Division and Newport News Shipbuilding in which the

10 Secretary of the Navy solicits competitive proposals and

11 awards the contract or contracts on the basis of best value

12 to the Government.

13 (2) Of the amounts specified in subsection (a), not

14 more than $50,000,000 may be obligated until the Under

15 Secretary of Defense for Acquisition and Technology sub16 mits to the congressional committees specified in para17 graph (1) a report in writing detailing the following:

18 (A) The Under Secretary’s oversight activities

19 to date, and plans for the future, for the develop20 ment and improvement of the nuclear attack sub21 marine program of the Navy as required by section

22 131(b)(2)(C) of the National Defense Authorization

23 Act for Fiscal Year 1996.

24 (B) The implementation of, and activities con25 ducted under, the program required to be estab-
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1 lished by the Director of the Defense Advanced Re2 search Projects Agency by section 131(i) of the Na3 tional Defense Authorization Act for Fiscal Year

4 1996 for the development and demonstration of ad5 vanced submarine technologies and a rapid prototype

6 acquisition strategy for both land-based and at-sea

7 subsystem and system demonstrations of such tech8 nologies.

9 (C) A description of all research, development,

10 test, and evaluation programs, projects, or activities

11 within the Department of Defense which are de12 signed to or which could, in the opinion of the

13 Under Secretary, contribute to the development and

14 demonstration of advanced submarine technologies

15 leading to a more capable, more affordable nuclear

16 attack submarine, specifically identifying ongoing in17 volvement, and plans for future involvement, in any

18 such program, project or activity by either Electric

19 Boat Division, Newport News Shipbuilding, or both.

20 (3) Of the amount specified in subsection (b)(1), not

21 more than $50,000,000 may be obligated or expended

22 until the Under Secretary of Defense (Comptroller) cer23 tifies in writing to the congressional committees specified

24 in paragraph (1) that the Department has complied with

25 section 132 of the National Defense Authorization Act for
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1 Fiscal Year 1996 and that the funds specified in para2 graphs (2), (3), and (4) of subsection (b), have been obli3 gated.

4 (e) ACQUISITION SIMPLIFICATION.—(1) In further5 ance of the direction provided by subsection (d) of section

6 131 of the National Defense Authorization Act for Fiscal

7 Year 1996 to the Secretary of Defense regarding the ap8 plication of acquisition reform policies and procedures to

9 the submarine program under that section, the Secretary

10 shall direct the Secretary of the Navy to implement for

11 the submarine programs of the Navy the acquisition re12 form initiatives begun by the Secretary of the Air Force

13 in May 1995 referred to as the ‘‘Lightning Bolt’’ initia14 tives. The Secretary of the Navy shall, not later than

15 March 31, 1997, submit to the congressional committees

16 specified in subsection (d)(1) a report on the results of

17 the implementation of such initiatives.

18 (f) DESIGN RESPONSIBILITY.—(1) The Secretary of

19 the Navy shall carry out the submarine program described

20 in section 131 of the National Defense Authorization Act

21 for Fiscal Year 1996 in a manner that ensures that nei22 ther of the two shipyards has the lead responsibility for

23 submarine design under the program. Each of the two

24 shipyards involved in the design and construction of the

25 four submarines described in that section shall be allowed
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1 to propose to the Secretary any design improvement that

2 shipyard considers appropriate for the submarines to be

3 built at that shipyard as part of those four submarines.

4 Control of the configuration of each of the four sub5 marines shall be separately maintained, and there shall be

6 no single design to compete for serial production with

7 those designs derived from the design work under sub8 section (b)(5), such competition to occur not earlier than

9 fiscal year 2003.

10 (2) The Secretary of the Navy shall submit an annual

11 report to the committees specified in subsection (d)(1) on

12 the design improvements proposed by the two shipyards

13 under paragraph (1) for incorporation on any of the four

14 submarines using the funds specified in subsection (b)(4).

15 Each annual report shall set forth each design improve16 ment proposed and whether that proposal was—

17 (A) reviewed, approved, and funded by the

18 Navy;

19 (B) reviewed and approved, but not funded; or

20 (C) not approved, in which case the report shall

21 include the reasons therefor and any views of the

22 shipyard making the proposal.
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1 SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE

2 PROGRAM.

3 (a) FIRST TWO SUBMARINES.—The total amount ob4 ligated or expended for procurement of the first two

5 Seawolf-class submarines (designated as SSN–21 and

6 SSN–22) may not exceed $4,793,557,000.

7 (b) THIRD SUBMARINE.—The total amount obligated

8 or expended for procurement of the third Seawolf-class

9 submarine (designated as SSN–23) may not exceed

10 $2,430,102,000.

11 (c) AUTOMATIC INCREASE IN SSN–21 AND SSN–22

12 LIMITATION AMOUNT.—The amount of the limitation set

13 forth in subsection (a) is increased by the following

14 amounts:

15 (1) The amounts of outfitting costs and post16 delivery costs incurred for the submarines referred

17 to in that subsection.

18 (2) The amounts of increases in costs for those

19 submarines attributable to economic inflation after

20 September 30, 1995.

21 (3) The amounts of increases in costs for those

22 submarines attributable to compliance with changes

23 in Federal, State, or local laws enacted after Sep24 tember 30, 1995.
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1 (d) AUTOMATIC INCREASE IN SSN–23 LIMITATION

2 AMOUNT.—The amount of the limitation set forth in sub3 section (b) is increased by the following amounts:

4 (1) The amounts of outfitting costs and post5 delivery costs incurred for the submarine referred to

6 in that subsection.

7 (2) The amounts of increases in costs for that

8 submarine attributable to economic inflation after

9 September 30, 1995.

10 (3) The amounts of increases in costs for that

11 submarine attributable to compliance with changes

12 in Federal, State, or local laws enacted after Sep13 tember 30, 1995.

14 (e) REPEAL OF SUPERSEDED PROVISION.—Section

15 133 of the National Defense Authorization Act for Fiscal

16 Year 1996 (Public Law 104–106; 110 Stat. 211) is re17 pealed.

18 SEC. 123. PULSE DOPPLER RADAR MODIFICATION.

19 The Secretary of the Navy shall, to the extent specifi20 cally provided in an appropriations Act enacted after the

21 date of the enactment of this Act, spend $29,000,000 sole22 ly for development and procurement of the Pulse Doppler

23 Upgrade modification to the AN/SPS–48E radar system,

24 to be derived by the Secretary from amounts appropriated

25 for Other Procurement, Navy, for fiscal years before fiscal
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1 year 1997 that are unobligated and remain available for

2 obligation.

3 SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED

4 FROM LIMIT ON PURCHASE OF VESSELS

5 BUILT IN FOREIGN SHIPYARDS.

6 Section 1023 of the National Defense Authorization

7 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

8 2838) is amended by striking out ‘‘three ships’’ and in9 serting in lieu thereof ‘‘one ship’’.

10 SEC. 125. T–39N TRAINER AIRCRAFT FOR THE NAVY.

11 (a) PROCUREMENT.—The Secretary of the Navy

12 shall, using funds appropriated for fiscal year 1996 for

13 procurement of T–39N trainer aircraft for the Navy that

14 remain available for obligation for such purpose, enter into

15 a contract only for the acquisition of not less than 17 T–

16 39N aircraft for naval flight officer training that are suit17 able for low-level training flights. The Secretary shall use

18 procurement procedures authorized under section 2304(c)

19 of title 10, United States Code, for a contract under sub20 section (a). The Secretary shall enter into such a contract

21 not later than 15 days after the date of the enactment

22 of this Act.

23 (b) CONFORMING REPEAL.—Subsection (a) of section

24 137 of the National Defense Authorization Act for Fiscal
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1 Year 1996 (Public Law 104–106; 110 Stat. 212) is re2 pealed.

3 Subtitle D—Air Force Programs

4 SEC. 141. REPEAL OF LIMITATION ON PROCUREMENT OF F–

5 15E AIRCRAFT.

6 Section 134 of the National Defense Authorization

7 Act for Fiscal Years 1990 and 1991 (Public Law 101–

8 189; 103 Stat. 1383) is repealed.

9 SEC. 142. C–17 AIRCRAFT PROCUREMENT.

10 The Secretary of the Air Force may, in accordance

11 with section 2306b of title 10, United States Code, enter

12 into a multiyear contract under the C–17 aircraft program

13 for the procurement of a total of not more than 80 air14 craft. Such a contract may (notwithstanding subsection

15 (k) of such section 2306b) be entered into for a period

16 of six program years, beginning with fiscal year 1997.

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION

20 Subtitle A—Authorization of

21 Appropriations

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 1997 for the use of the Department of Defense

25 for research, development, test, and evaluation as follows:
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1 (1) For the Army, $4,669,979,000.

2 (2) For the Navy, $8,189,957,000.

3 (3) For the Air Force, $13,271,087,000.

4 (4) For Defense-wide activities,

5 $9,406,377,000, of which—

6 (A) $252,038,000 is authorized for the ac7 tivities of the Director, Test and Evaluation;

8 and

9 (B) $21,968,000 is authorized for the Di10 rector of Operational Test and Evaluation.

11 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

12 (a) FISCAL YEAR 1997.—Of the amounts authorized

13 to be appropriated by section 201, $4,088,043,000 shall

14 be available for basic research and applied research

15 projects.

16 (b) BASIC RESEARCH AND APPLIED RESEARCH DE17 FINED.—For purposes of this section, the term ‘‘basic re18 search and applied research’’ means work funded in pro19 gram elements for defense research and development

20 under Department of Defense category 6.1 or 6.2.

21 SEC. 203. DUAL-USE TECHNOLOGY PROGRAMS.

22 (a) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO23 GRAMS.—The Secretary of Defense shall designate a sen24 ior official in the Office of the Secretary of Defense whose

25 sole responsibility is developing policy relating to, and en-
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1 suring effective implementation of, dual-use programs and

2 the integration of commercial technologies into current

3 and future military systems for the period beginning on

4 October 1, 1996, and ending on September 30, 2000.

5 Such official shall report directly to the Under Secretary

6 of Defense for Acquisition and Technology.

7 (b) FUNDING REQUIREMENT.—Of the amounts ap8 propriated for the Department of Defense for science and

9 technology programs for each of fiscal years 1997 through

10 2000, at least the following percentages of such amounts

11 shall be available in the applicable fiscal year only for

12 dual-use programs of the Department of Defense:

13 (1) For fiscal year 1997, five percent.

14 (2) For fiscal year 1998, seven percent.

15 (3) For fiscal year 1999, 10 percent.

16 (4) For fiscal year 2000, 15 percent.

17 (c) LIMITATION ON OBLIGATIONS.—(1) Except as

18 provided in paragraph (2), funds made available pursuant

19 to subsection (b) may not be obligated until the senior offi20 cial designated under subsection (a) approves the obliga21 tion.

22 (2) Paragraph (1) does not apply with respect to

23 funds made available pursuant to subsection (b) to the De24 partment of the Air Force or to the Defense Advanced

25 Research Projects Agency.
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1 (3) Funds made available pursuant to subsection (b)

2 may be used for a dual-use program only if the contract,

3 cooperative agreement, or other transaction by which the

4 program is carried out is entered into through the use of

5 competitive procedures.

6 (d) TRANSFER AUTHORITY.—The Secretary of De7 fense may transfer funds made available pursuant to sub8 section (b) for a dual-use program from a military depart9 ment or defense agency to another military department

10 or defense agency to ensure efficient implementation of

11 the program. The Secretary may delegate the authority

12 provided in the preceding sentence to the senior official

13 designated under subsection (a).

14 (e) FEDERAL COST SHARE.—(1) The share contrib15 uted by the Secretary of a military department for the

16 cost of a dual-use program during the fiscal years 1997,

17 1998, 1999, and 2000 may not be greater than 50 per18 cent.

19 (2) In calculating the share of the costs of a dual20 use program contributed by a military department or a

21 non-Government entity, the Secretaries of the military de22 partments may not consider in-kind contributions.

23 (f) DEFINITIONS.—In this section:

24 (1) The term ‘‘dual-use program’’ means a pro25 gram of a military department—
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1 (A) under which research or development

2 of a dual-use technology (as defined in section

3 2491 of title 10, United States Code) is carried

4 out; and

5 (B) the costs of which are shared between

6 the Department of Defense and non-Govern7 ment entities.

8 (2) The term ‘‘science and technology program’’

9 means a program of a military department under

10 which basic research, applied research, or advanced

11 technology development is carried out.

12 (g) REPEAL.—Section 2371(e) of title 10, United

13 States Code, is amended—

14 (1) by inserting ‘‘and’’ after the semicolon at

15 the end of paragraph (1);

16 (2) by striking out ‘‘; and’’ at the end of para17 graph (2) and inserting in lieu thereof a period; and

18 (3) by striking out paragraph (3).

19 Subtitle B—Program Require20 ments, Restrictions, and Limita21 tions

22 SEC. 211. SPACE LAUNCH MODERNIZATION.

23 (a) ALLOCATION OF FUNDS.—Of the amount appro24 priated pursuant to the authorization in section 201(3),
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1 $50,000,000 shall be available for a competitive reusable

2 launch vehicle technology program (PE 63401F).

3 (b) LIMITATION.—Funds made available pursuant to

4 subsection (a)(1) may be obligated only to the extent that

5 the fiscal year 1997 current operating plan of the National

6 Aeronautics and Space Administration allocates at least

7 an equal amount for its Reusable Space Launch Vehicle

8 program.

9 SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR10 CRAFT.

11 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

12 Secretary of Defense may exercise the waiver authority in

13 section 2366(c) of title 10, United States Code, with re14 spect to the application of survivability testing to the V–

15 22 aircraft system, notwithstanding that such system has

16 entered engineering and manufacturing development.

17 (b) REPORT TO CONGRESS.—In exercising the waiver

18 authority in section 2366(c), the Secretary shall submit

19 to Congress a report explaining how the Secretary plans

20 to evaluate the survivability of the V–22 aircraft system

21 and assessing possible alternatives to realistic survivability

22 testing of the system.

23 (c) ALTERNATIVE SURVIVABILITY TESTING RE24 QUIREMENTS.—If the Secretary of Defense submits a cer25 tification under section 2366(c)(2) of such title that live-
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1 fire testing of the V–22 aircraft system under such section

2 would be unreasonably expensive and impractical, the Sec3 retary shall require that sufficiently large and realistic

4 components and subsystems that could affect the surviv5 ability of the V–22 aircraft system be made available for

6 any alternative live-fire testing of such system.

7 (d) FUNDING.—The funds required to carry out any

8 alternative live-fire testing of the V–22 aircraft system

9 shall be made available from amounts appropriated for the

10 V–22 program.

11 SEC. 213. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR12 CRAFT.

13 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

14 Secretary of Defense may exercise the waiver authority in

15 section 2366(c) of title 10, United States Code, with re16 spect to the application of survivability testing to the F–

17 22 aircraft system, notwithstanding that such system has

18 entered engineering and manufacturing development.

19 (b) ALTERNATIVE SURVIVABILITY TESTING RE20 QUIREMENTS.—If the Secretary of Defense submits a cer21 tification under section 2366(c)(2) of such title that live22 fire testing of the F–22 aircraft system under such section

23 would be unreasonably expensive and impractical, the Sec24 retary of Defense shall require that sufficiently large and

25 realistic components and subsystems that could affect the
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1 survivability of the F–22 aircraft system be made available

2 for any alternative live-fire testing of such system.

3 (c) FUNDING.—The funds required to carry out any

4 alternative live-fire testing of the F–22 aircraft system

5 shall be made available from amounts appropriated for the

6 F–22 program.

7 SEC. 214. DEMILITARIZATION OF CONVENTIONAL MUNI8 TIONS, ROCKETS, AND EXPLOSIVES.

9 (a) ESTABLISHMENT OF CONVENTIONAL MUNI10 TIONS, ROCKETS, AND EXPLOSIVES DEMILITARIZATION

11 PROGRAM.—The Secretary of Defense shall establish an

12 integrated program for the development and demonstra13 tion of technologies for the demilitarization and disposal

14 of conventional munitions, rockets, and explosives in a

15 manner that complies with applicable environmental laws.

16 (b) DURATION OF PROGRAM.—The program estab17 lished pursuant to subsection (a) shall be in effect for a

18 period of at least five years, beginning with fiscal year

19 1997.

20 (c) FUNDING.—Of the amount authorized to be ap21 propriated in section 201, $15,000,000 is authorized to

22 be appropriated for the program established pursuant to

23 subsection (a). The funding request for the program shall

24 be set forth separately in the budget justification docu-
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1 ments for the budget of the Department of Defense for

2 each fiscal year during which the program is in effect.

3 (d) REPORTS.—The Secretary of Defense shall sub4 mit to Congress a report on the plan for the program es5 tablished pursuant to subsection (a) at the same time the

6 President submits to Congress the budget for fiscal year

7 1998. The Secretary shall submit an updated version of

8 such report, setting forth in detail the progress of the pro9 gram, at the same time the President submits the budget

10 for each fiscal year after fiscal year 1998 during which

11 the program is in effect.

12 SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE AD13 VANCED RESEARCH PROJECTS AGENCY RE14 LATING TO CHEMICAL AND BIOLOGICAL

15 WARFARE DEFENSE TECHNOLOGY.

16 (a) AUTHORITY.—Section 1701(c) of the National

17 Defense Authorization Act for Fiscal Year 1994 (Public

18 Law 103–160; 107 Stat. 1853; 50 U.S.C. 1522) is amend19 ed—

20 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

21 and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(2) The Director of the Defense Advanced Research

25 Projects Agency may conduct a program of basic and ap-
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1 plied research and advanced technology development on

2 chemical and biological warfare defense technologies and

3 systems. In conducting such program, the Director shall

4 seek to avoid unnecessary duplication of the activities

5 under the program with chemical and biological warfare

6 defense activities of the military departments and defense

7 agencies and shall coordinate the activities under the pro8 gram with those of the military departments and defense

9 agencies.’’.

10 (b) FUNDING.—Section 1701(d) of such Act is

11 amended—

12 (1) in paragraph (1), by striking out ‘‘military

13 departments’’ and inserting in lieu thereof ‘‘Depart14 ment of Defense’’;

15 (2) in paragraph (2), by inserting after ‘‘re16 quests for the program’’ in the first sentence the fol17 lowing: ‘‘(other than for activities under the program

18 conducted by the Defense Advanced Research

19 Projects Agency under subsection (c)(2))’’;

20 (3) by redesignating paragraph (3) as para21 graph (4); and

22 (4) by inserting after paragraph (2) the follow23 ing new paragraph (3):

24 ‘‘(3) The program conducted by the Defense Ad25 vanced Research Projects Agency under subsection (c)(2)
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1 shall be set forth as a separate program element in the

2 budget of that agency.’’.

3 SEC. 216. LIMITATION ON FUNDING FOR F–16 TACTICAL

4 MANNED RECONNAISSANCE AIRCRAFT.

5 (a) LIMITATION.—Effective on the date of the enact6 ment of this Act, not more than $50,000,000 (in fiscal

7 year 1997 constant dollars) may be obligated or expended

8 for—

9 (1) research, development, test, and evaluation

10 for, and acquisition and modification of, the F–16

11 tactical manned reconnaissance aircraft program;

12 and

13 (2) costs associated with the termination of

14 such program.

15 (b) EXCEPTION.—The limitation in subsection (a)

16 shall not apply to obligations required for improvements

17 planned before the date of the enactment of this Act to

18 incorporate the common data link into the F–16 tactical

19 manned reconnaissance aircraft.

20 SEC. 217. UNMANNED AERIAL VEHICLES.

21 (a) PROHIBITION.—(1) The Secretary of Defense

22 may not enter into a contract for the Joint Tactical Un23 manned Aerial Vehicle project, and no funds authorized

24 to be appropriated by this Act may be obligated for such

25 project, until a period of 30 days has expired after the
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1 date on which the Secretary of Defense submits to Con2 gress a certification that the reconnaissance programs of

3 the Department of Defense—

4 (A) are justified on the basis of the projected

5 national security threat;

6 (B) have been subjected to a roles and missions

7 determination;

8 (C) are supported by an overall national, joint,

9 and tactical reconnaissance plan;

10 (D) are affordable within the budget of the De11 partment of Defense as projected by the future-years

12 defense program; and

13 (E) are fully programmed for in the future14 years defense program.

15 (2) In this subsection, the term ‘reconnaissance pro16 grams of the Department of Defense’ means programs for

17 tactical unmanned aerial vehicles, endurance unmanned

18 aerial vehicles, airborne reconnaissance, manned recon19 naissance, and distributed common ground systems that—

20 (A) are described in the budget justification

21 documents of the Defense Airborne Reconnaissance

22 Office;

23 (B) are included in the funding request for the

24 Department of Defense; or
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1 (C) are certified as acquisition reconnaissance

2 requirements by the Joint Requirements Oversight

3 Council for the future-years defense program.

4 (b) PROCUREMENT FUNDING REQUEST.—The fund5 ing request for procurement for unmanned aerial vehicles

6 for any fiscal year shall be set forth under the funding

7 requests for the military departments in the budget of the

8 Department of Defense.

9 (c) TRANSFER OF PROGRAM MANAGEMENT.—Pro10 gram management for the Predator Unmanned Aerial Ve11 hicle, and programmed funding for such vehicle for fiscal

12 years 1998, 1999, 2000, 2001, and 2002 (as set forth in

13 the future-years defense program), shall be transferred to

14 the Department of the Air Force, effective October 1,

15 1996, or the date of the enactment of this Act, whichever

16 is later.

17 (d) PROHIBITION ON PROVIDING OPERATING CAPA18 BILITY FROM NAVAL VESSELS.—No funds authorized to

19 be appropriated by this Act may be obligated for purposes

20 of providing the capability of the Predator Unmanned Aer21 ial Vehicle to operate from naval vessels.

22 (e) FUNDING.—Of the amounts authorized to be ap23 propriated by section 201 for program element 35154D,

24 $10,000,000 shall be available only for an advanced con25 cepts technology demonstration of air-to-surface precision
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1 guided munitions employment using a Predator, Hunter,

2 or Pioneer unmanned aerial vehicle and a nondevelopmen3 tal laser target designator.

4 SEC. 218. HYDRA–70 ROCKET PRODUCT IMPROVEMENT

5 PROGRAM.

6 (a) FUNDING AUTHORIZATION.—Of the amount au7 thorized to be appropriated under section 201(1) for the

8 Army for Other Missile Product Improvement Programs,

9 $15,000,000 is authorized as specified in subsection (b)

10 for completion of the Hydra–70 product improvement pro11 gram authorized for fiscal year 1996.

12 (b) AUTHORIZED ACTIONS.—Funding is authorized

13 to be appropriated for the following:

14 (1) Procurement for test and flight qualification

15 of at least one nondevelopmental item 2.75-inch

16 composite rocket motor type, along with other non17 developmental item candidate motors that use com18 posite propellent as the propulsion component and

19 that have passed initial insensitive munition criteria

20 tests.

21 (2) Platform integration, including additional

22 quantities of the motor chosen for operational cer23 tification on the Apache attack helicopter.

24 (c) DEFINITION.—In this section, the term ‘‘non25 developmental item’’ has the meaning provided in section
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1 4 of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403) and also includes an item the flight capability

3 of which has been demonstrated from a current Hydra–

4 70 rocket launcher.

5 SEC. 219. SPACE-BASED INFRARED SYSTEM PROGRAM.

6 (a) FUNDING.—Funds appropriated pursuant to the

7 authorization of appropriations in section 201(3) are au8 thorized to be made available for the Space-Based Infra9 red System program for purposes and in amounts as fol10 lows:

11 (1) For Space Segment High, $180,390,000.

12 (2) For Space Segment Low (the Space and

13 Missile Tracking System), $247,221,000.

14 (3) For Cobra Brass, $6,930,000.

15 (b) LIMITATION.—None of the funds authorized

16 under subsection (a) to be made available for the Space17 Based Infrared System program may be obligated or ex18 pended until the Secretary of Defense certifies to Congress

19 that the requirements of section 216(a) of Public Law

20 104–106 (110 Stat. 220) have been carried out.

21 (c) PROGRAM MANAGEMENT.—Before the submission

22 of the President’s budget for fiscal year 1998, the Sec23 retary of Defense shall conduct a review of the appropriate

24 management responsibilities for the Space and Missile

25 Tracking System, including whether transferring such
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1 management responsibility from the Air Force to the Bal2 listic Missile Defense Organization would result in im3 proved program efficiencies and support.

4 SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST)

5 PROGRAM.

6 (a) ALLOCATION OF FUNDS.—Of the amounts au7 thorized to be appropriated pursuant to the authorizations

8 in section 201, $589,069,000 shall be available only for

9 advanced technology development for the Joint Advanced

10 Strike Technology (JAST) program. Of that amount—

11 (1) $246,833,000 shall be available only for

12 program element 63800N in the budget of the De13 partment of Defense for fiscal year 1997;

14 (2) $263,836,000 shall be available only for

15 program element 63800F in the budget of the De16 partment of Defense for fiscal year 1997; and

17 (3) $78,400,000 shall be available only for pro18 gram element 63800E in the budget of the Depart19 ment of Defense for fiscal year 1997.

20 (b) LIMITATION.—None of the funds authorized to

21 be appropriated pursuant to the authorizations in section

22 201 may be used for Advanced Short Takeoff and Vertical

23 Landing aircraft development.

24 (c) FORCE STRUCTURE ANALYSIS.—Of the amount

25 made available under subsection (a), up to $10,000,000
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1 shall be available for the conduct of an analysis by the

2 Institutes of Defense Analysis of the following:

3 (1) The weapons systems force structure re4 quirements to meet the projected threat for the pe5 riod beginning on January 1, 2000, and ending on

6 December 31, 2025.

7 (2) Alternative force structures, including, at a

8 minimum, JAST derivative aircraft; remanufactured

9 AV–8 aircraft; F–18C/D, F–18E/F, AH–64, AH–

10 1W, F–14, F–16, F–15, F–117, and F–22 aircraft;

11 and air-to-surface and surface-to-surface weapons

12 systems.

13 (3) Affordability, effectiveness, commonality,

14 and roles and missions alternatives related to the al15 ternative force structures analyzed under paragraph

16 (2).

17 (d) COST REVIEW.—The cost analysis and improve18 ment group of the Office of the Secretary of Defense shall

19 review cost estimates made under the analysis conducted

20 under subsection (c) and shall provide a sensitivity analy21 sis for the alternatives evaluated under paragraphs (2)

22 and (3) of subsection (c).

23 (e) DEADLINE.—The Secretary of Defense shall sub24 mit to the congressional defense committees a copy of the

25 analysis conducted under subsection (c) and the review
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1 conducted under subsection (d) not later than February

2 1, 1997.

3 SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/

4 THEATER HIGH ENERGY LASER PROGRAM.

5 The Congress strongly supports the Joint United

6 States-Israeli Nautilus Laser/Theater High Energy Laser

7 programs and encourages the Secretary of Defense to re8 quest authorization to develop these programs as agreed

9 to on April 28, 1996, in the statement of intent signed

10 by the Secretary of Defense and the Prime Minister of

11 the State of Israel.

12 SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOP13 MENT PROGRAM.

14 Of the amounts authorized to be appropriated by sec15 tion 201 for program element 63640M, $3,000,000 shall

16 be available for the Nonlethal Weapons Research and De17 velopment Program.

18 SEC. 223. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL

19 RECONNAISSANCE SYSTEM.

20 Any funds authorized to be appropriated under this

21 title to develop concepts for an improved Tier III Minus

22 (High Altitude Endurance Unmanned Aerial Reconnais23 sance System) that would increase the unit flyaway cost

24 above the established contracted for amount must be

25 awarded through competitive acquisition procedures.
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1 SEC. 224. CERTIFICATION OF CAPABILITY OF UNITED

2 STATES TO PREVENT ILLEGAL IMPORTATION

3 OF NUCLEAR, BIOLOGICAL, OR CHEMICAL

4 WEAPONS.

5 Not later than 15 days after the date of the enact6 ment of this Act, the President shall submit to Congress

7 a certification in writing stating specifically whether or not

8 the United States has the capability (as of the date of

9 the certification) to prevent the illegal importation of nu10 clear, biological, or chemical weapons into the United

11 States and its possessions.

12 Subtitle C—Ballistic Missile

13 Defense Programs

14 SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO15 GRAMS FOR FISCAL YEAR 1997.

16 Of the amount appropriated pursuant to section

17 201(4), not more than $3,258,982,000 may be obligated

18 for programs managed by the Ballistic Missile Defense Or19 ganization.

20 SEC 232. CERTIFICATION OF CAPABILITY OF UNITED

21 STATES TO DEFEND AGAINST SINGLE BALLIS22 TIC MISSILE.

23 Not later than 15 days after the date of the enact24 ment of this Act, the President shall submit to Congress

25 a certification in writing stating specifically whether or not

26 the United States has the military capability (as of the
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1 time of the certification) to intercept and destroy a single

2 ballistic missile launched at the territory of the United

3 States.

4 SEC. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.

5 (a) POLICY CONCERNING SYSTEMS SUBJECT TO

6 ABM TREATY.—Congress finds that, unless and until a

7 missile defense system, system upgrade, or system compo8 nent is flight tested in an ABM-qualifying flight test (as

9 defined in subsection (c)), such system, system upgrade,

10 or system component—

11 (1) has not, for purposes of the ABM Treaty,

12 been tested in an ABM mode nor been given capa13 bilities to counter strategic ballistic missiles; and

14 (2) therefore is not subject to any application,

15 limitation, or obligation under the ABM Treaty.

16 (b) PROHIBITIONS.—(1) Funds appropriated to the

17 Department of Defense may not be obligated or expended

18 for the purpose of—

19 (A) prescribing, enforcing, or implementing any

20 Executive order, regulation, or policy that would

21 apply the ABM Treaty (or any limitation or obliga22 tion under such Treaty) to research, development,

23 testing, or deployment of a theater missile defense

24 system, a theater missile defense system upgrade, or

25 a theater missile defense system component; or
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1 (B) taking any other action to provide for the

2 ABM Treaty (or any limitation or obligation under

3 such Treaty) to be applied to research, development,

4 testing, or deployment of a theater missile defense

5 system, a theater missile defense system upgrade, or

6 a theater missile defense system component.

7 (2) This subsection applies with respect to each mis8 sile defense system, missile defense system upgrade, or

9 missile defense system component that is capable of coun10 tering modern theater ballistic missiles.

11 (3) This subsection shall cease to apply with respect

12 to a missile defense system, missile defense system up13 grade, or missile defense system component when that sys14 tem, system upgrade, or system component has been flight

15 tested in an ABM-qualifying flight test.

16 (c) ABM-QUALIFYING FLIGHT TEST DEFINED.—

17 For purposes of this section, an ABM-qualifying flight test

18 is a flight test against a ballistic missile which, in that

19 flight test, exceeds (1) a range of 3,500 kilometers, or (2)

20 a velocity of 5 kilometers per second.

21 SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF

22 THE ABM TREATY BE DONE ONLY THROUGH

23 TREATY-MAKING POWER.

24 Any addition of a new signatory party to the ABM

25 Treaty (in addition to the United States and the Russian
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1 Federation) constitutes an amendment to the treaty that

2 can only be agreed to by the United States through the

3 treaty-making power of the United States. No funds ap4 propriated or otherwise available for any fiscal year may

5 be obligated or expended for the purpose of implementing

6 or making binding upon the United States the participa7 tion of any additional nation as a party to the ABM Trea8 ty unless that nation is made a party to the treaty by an

9 amendment to the Treaty that is made in the same man10 ner as the manner by which a treaty is made.

11 SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND

12 PROLIFERATION.

13 The Secretary of Defense shall submit to Congress

14 a report on ballistic missile defense and the proliferation

15 of weapons of mass destruction, including nuclear, chemi16 cal, and biological weapons, and the missiles that can be

17 used to deliver them. The report shall be submitted not

18 later than December 31, 1996, and shall include the fol19 lowing:

20 (1) An assessment of how United States theater

21 missile defenses contribute to United States efforts

22 to prevent proliferation, including an evaluation of

23 the specific effect United States theater missile de24 fense systems can have on dissuading other states

25 from acquiring ballistic missiles.
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1 (2) An assessment of how United States na2 tional missile defenses contribute to United States

3 efforts to prevent proliferation.

4 (3) An assessment of the effect of the lack of

5 national missile defenses on the desire of other

6 states to acquire ballistic missiles and an evaluation

7 of the types of missiles other states might seek to

8 acquire as a result.

9 (4) A detailed review of the linkages between

10 missile defenses (both theater and national) and

11 each of the categories of counterproliferation activi12 ties identified by the Secretary of Defense as part of

13 the Defense Counterproliferation Initiative an14 nounced by the Secretary in December 1993.

15 (5) A description of how theater and national

16 ballistic missile defenses can augment the effective17 ness of other counterproliferation tools.

18 SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC

19 MISSILE DEFENSE PROGRAM.

20 Section 224(b) of the National Defense Authorization

21 Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431

22 note) is amended—

23 (1) by striking out paragraphs (3), (4), and

24 (10);
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1 (2) by redesignating paragraphs (5) and (6) as

2 paragraphs (3) and (4), respectively;

3 (3) by redesignating paragraph (7) as para4 graph (5) and in that paragraph by striking out ‘‘of

5 the Soviet Union’’ and ‘‘for the Soviet Union’’;

6 (4) by redesignating paragraph (8) as para7 graph (6); and

8 (5) by redesignating paragraph (9) as para9 graph (7) and in that paragraph—

10 (A) by striking out ‘‘of the Soviet Union’’

11 in subparagraph (A);

12 (B) by striking out subparagraphs (C)

13 through (F); and

14 (C) by redesignating subparagraph (G) as

15 subparagraph (C).

16 SEC. 237. ABM TREATY DEFINED.

17 For purposes of this subtitle, the term ‘‘ABM Trea18 ty’’ means the Treaty Between the United States of Amer19 ica and the Union of Soviet Socialist Republics on the

20 Limitation of Anti-Ballistic Missile Systems, and signed

21 at Moscow on May 26, 1972, and includes the Protocols

22 to that Treaty, signed at Moscow on July 3, 1974.
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1 SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYS2 TEM.

3 The Secretary of Defense shall ensure that any Na4 tional Missile Defense system deployed by the United

5 States is capable of defeating the threat posed by the

6 Taepo Dong II missile of North Korea.

7 Subtitle D—Other Matters

8 SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR

9 MAINTENANCE AND REPAIR AT AIR FORCE

10 INSTALLATIONS.

11 The Secretary of the Air Force shall apply uniform

12 procedures and criteria to allocate funds authorized to be

13 appropriated pursuant to this title and title III of this Act

14 for maintenance and repair of real property at military

15 installations of the Department of the Air Force.

16 SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS

17 INNOVATION RESEARCH PROGRAM.

18 (a) MANAGEMENT AND EXECUTION BY PROGRAM

19 MANAGER.—The Secretary of Defense, in conducting

20 within the Department of Defense the Small Business In21 novation Research Program (as defined by section

22 2491(13) of title 10, United States Code), shall ensure

23 that the Program is managed and executed, for each pro24 gram element for research and development for which

25 $20,000,000 or more is authorized for a fiscal year, by

26 the program manager for that element.
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1 (b) REPORT.—Not later than March 30, 1997, the

2 Comptroller General shall submit to Congress and to the

3 Secretary of Defense a report setting forth an assessment

4 of whether there has been a demonstrable reduction in the

5 quality of research performed under funding agreements

6 awarded by the Department of Defense under the Small

7 Business Innovation Research Program since fiscal year

8 1995.

9 SEC. 243. EXTENSION OF DEADLINE FOR DELIVERY OF EN10 HANCED FIBER OPTIC GUIDED MISSILE

11 (EFOG–M) SYSTEM.

12 Section 272(a)(2) of the National Defense Authoriza13 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

14 Stat. 239) is amended by striking out ‘‘September 30,

15 1998,’’ and inserting in lieu thereof ‘‘September 30,

16 1999,’’.

17 SEC. 244. AMENDMENT TO UNIVERSITY RESEARCH INITIA18 TIVE SUPPORT PROGRAM.

19 Section 802(c) of the National Defense Authorization

20 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

21 1701; 10 U.S.C. 2358 note) is amended by striking out

22 ‘‘fiscal years before the fiscal year in which the institution

23 submits a proposal’’ and inserting in lieu thereof ‘‘most

24 recent fiscal years for which complete statistics are avail25 able when proposals are requested’’.
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1 SEC. 245. AMENDMENTS TO DEFENSE EXPERIMENTAL PRO2 GRAM TO STIMULATE COMPETITIVE RE3 SEARCH.

4 Section 257(d) of the National Defense Authorization

5 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

6 2705; 10 U.S.C. 2358 note) is amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘Director of the Na9 tional Science Foundation’’ and inserting in lieu

10 thereof ‘‘Under Secretary of Defense for Acqui11 sition and Technology’’; and

12 (B) by striking out ‘‘and shall notify the

13 Director of Defense Research and Engineering

14 of the States so designated’’; and

15 (2) in paragraph (2)—

16 (A) by striking out ‘‘Director of the Na17 tional Science Foundation’’ and inserting in lieu

18 thereof ‘‘Under Secretary of Defense for Acqui19 sition and Technology’’;

20 (B) by striking out ‘‘as determined by the

21 Director’’ and inserting in lieu thereof ‘‘as de22 termined by the Under Secretary’’;

23 (C) in subparagraph (A), by striking out

24 ‘‘(to be determined in consultation with the Sec25 retary of Defense);’’ and inserting in lieu there26 of ‘‘; and’’;
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1 (D) by striking out ‘‘; and’’ at the end of

2 subparagraph (B) and inserting in lieu thereof

3 a period; and

4 (E) by striking out subparagraph (C).

5 SEC. 246. ELIMINATION OF REPORT ON THE USE OF COM6 PETITIVE PROCEDURES FOR THE AWARD OF

7 CERTAIN CONTRACTS TO COLLEGES AND

8 UNIVERSITIES.

9 Section 2361 of title 10, United States Code, is

10 amended by striking out subsection (c).

11 SEC. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO12 GRAM.

13 (a) FINDINGS.—Congress finds the following:

14 (1) The oceans and coastal areas of the United

15 States are among the Nation’s most valuable natural

16 resources, making substantial contributions to eco17 nomic growth, quality of life, and national security.

18 (2) Oceans drive global and regional climate.

19 Hence, they contain information affecting agri20 culture, fishing, and the prediction of severe weath21 er.

22 (3) Understanding of the oceans through basic

23 and applied research is essential for using the

24 oceans wisely and protecting their limited resources.

25 Therefore, the United States should maintain its
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1 world leadership in oceanography as one key to its

2 competitive future.

3 (4) Ocean research and education activities take

4 place within Federal agencies, academic institutions,

5 and industry. These entities often have similar re6 quirements for research facilities, data, and other re7 sources (such as oceanographic research vessels).

8 (5) The need exists for a formal mechanism to

9 coordinate existing partnerships and establish new

10 partnerships for the sharing of resources, intellectual

11 talent, and facilities in the ocean sciences and edu12 cation, so that optimal use can be made of this most

13 important natural resource for the well-being of all

14 Americans.

15 (b) PROGRAM REQUIRED.—(1) Subtitle C of title 10,

16 United States Code, is amended by adding after chapter

17 663 the following new chapter:

18 ‘‘CHAPTER 665—NATIONAL OCEANO19 GRAPHIC PARTNERSHIP PROGRAM

‘‘Sec.

‘‘7901. National Oceanographic Partnership Program.

‘‘7902. National Ocean Research Leadership Council.

‘‘7903. Ocean Research Partnership Coordinating Group.

‘‘7904. Ocean Research Advisory Panel.
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1 ‘‘§ 7901. National Oceanographic Partnership Pro2 gram

3 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

4 shall establish a program to be known as the ‘National

5 Oceanographic Partnership Program’.

6 ‘‘(b) PURPOSES.—The purposes of the program are

7 as follows:

8 ‘‘(1) To promote the national goals of assuring

9 national security, advancing economic development,

10 protecting quality of life, and strengthening science

11 education and communication through improved

12 knowledge of the ocean.

13 ‘‘(2) To coordinate and strengthen oceano14 graphic efforts in support of those goals by—

15 ‘‘(A) identifying and carrying out partner16 ships among Federal agencies, academia, indus17 try, and other members of the oceanographic

18 scientific community in the areas of data, re19 sources, education, and communication; and

20 ‘‘(B) reporting annually to Congress on the

21 program.

22 ‘‘§ 7902. National Ocean Research Leadership Council

23 ‘‘(a) COUNCIL.—There is a National Ocean Research

24 Leadership Council (hereinafter in this chapter referred

25 to as the ‘Council’).
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1 ‘‘(b) MEMBERSHIP.—The Council is composed of the

2 following members:

3 ‘‘(1) The Secretary of the Navy, who shall be

4 the Chairman of the Council.

5 ‘‘(2) The Administrator of the National Oceanic

6 and Atmospheric Administration, who shall be the

7 Vice Chairman of the Council.

8 ‘‘(3) The Director of the National Science

9 Foundation.

10 ‘‘(4) The Administrator of the National Aero11 nautics and Space Administration.

12 ‘‘(5) The Deputy Secretary of Energy.

13 ‘‘(6) The Administrator of the Environmental

14 Protection Agency.

15 ‘‘(7) The Commandant of the Coast Guard.

16 ‘‘(8) The Director of the Geological Survey of

17 the Department of the Interior.

18 ‘‘(9) The Director of the Defense Advanced Re19 search Projects Agency.

20 ‘‘(10) The Director of the Minerals Manage21 ment Service of the Department of the Interior.

22 ‘‘(11) The President of the National Academy

23 of Sciences, the President of the National Academy

24 of Engineering, and the President of the Institute of

25 Medicine.
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1 ‘‘(12) The Director of the Office of Science and

2 Technology.

3 ‘‘(13) The Director of the Office of Manage4 ment and Budget.

5 ‘‘(14) One member appointed by the Chairman

6 from among individuals who will represent the views

7 of ocean industries.

8 ‘‘(15) One member appointed by the Chairman

9 from among individuals who will represent the views

10 of State governments.

11 ‘‘(16) One member appointed by the Chairman

12 from among individuals who will represent the views

13 of academia.

14 ‘‘(17) One member appointed by the Chairman

15 from among individuals who will represent such

16 other views as the Chairman considers appropriate.

17 ‘‘(c) TERM OF OFFICE.—The term of office of a

18 member of the Council appointed under paragraph (14),

19 (15), (16), or (17) of subsection (b) shall be two years,

20 except that any person appointed to fill a vacancy occur21 ring before the expiration of the term for which his prede22 cessor was appointed shall be appointed for the remainder

23 of such term.

24 ‘‘(d) RESPONSIBILITIES.—The Council shall have the

25 following responsibilities:
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1 ‘‘(1) To establish the Ocean Research Partner2 ship Coordinating Group as provided in section

3 7903.

4 ‘‘(2) To establish the Ocean Research Advisory

5 Panel as provided in section 7904.

6 ‘‘(3) To submit to Congress an annual report

7 pursuant to subsection (e).

8 ‘‘(e) ANNUAL REPORT.—Not later than March 1 of

9 each year, the Council shall submit to Congress a report

10 on the National Oceanographic Partnership Program. The

11 report shall contain the following:

12 ‘‘(1) A description of activities of the program

13 carried out during the fiscal year before the fiscal

14 year in which the report is prepared. The description

15 also shall include a list of the members of the Ocean

16 Research Partnership Coordinating Group, the

17 Ocean Research Advisory Panel, and any working

18 groups in existence during the fiscal year covered.

19 ‘‘(2) A general outline of the activities planned

20 for the program during the fiscal year in which the

21 report is prepared.

22 ‘‘(3) A summary of projects continued from the

23 fiscal year before the fiscal year in which the report

24 is prepared and projects expected to be started dur-
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1 ing the fiscal year in which the report is prepared

2 and during the following fiscal year.

3 ‘‘(4) A description of the involvement of the

4 program with Federal interagency coordinating enti5 ties.

6 ‘‘(5) The amounts requested, in the budget sub7 mitted to Congress pursuant to section 1105(a) of

8 title 31 for the fiscal year following the fiscal year

9 in which the report is prepared, for the programs,

10 projects, and activities of the program and the esti11 mated expenditures under such programs, projects,

12 and activities during such following fiscal year.

13 ‘‘§ 7903. Ocean Research Partnership Coordinating

14 Group

15 ‘‘(a) ESTABLISHMENT.—The Council shall establish

16 an entity to be known as the ‘Ocean Research Partnership

17 Coordinating Group’ (hereinafter in this chapter referred

18 to as the ‘Coordinating Group’).

19 ‘‘(b) MEMBERSHIP.—The Coordinating Group shall

20 consist of members appointed by the Council, with one

21 member appointed from each Federal department or agen22 cy having an oceanographic research or development pro23 gram.

24 ‘‘(c) CHAIRMAN.—The Council shall appoint the

25 Chairman of the Coordinating Group.
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1 ‘‘(d) RESPONSIBILITIES.—Subject to the authority,

2 direction, and control of the Council, the Coordinating

3 Group shall have the following responsibilities:

4 ‘‘(1) To prescribe policies and procedures to im5 plement the National Oceanographic Partnership

6 Program.

7 ‘‘(2) To review, select, and identify and allocate

8 funds for partnership projects for implementation

9 under the program, based on the following criteria:

10 ‘‘(A) Whether the project addresses critical

11 research objectives or operational goals, such as

12 data accessibility and quality assurance, sharing

13 of resources, education, or communication.

14 ‘‘(B) Whether the project has broad par15 ticipation within the oceanographic community.

16 ‘‘(C) Whether the partners have a long17 term commitment to the objectives of the

18 project.

19 ‘‘(D) Whether the resources supporting the

20 project are shared among the partners.

21 ‘‘(E) Whether the project has been sub22 jected to adequate peer review.

23 ‘‘(3) To promote participation in partnership

24 projects by each Federal department and agency in25 volved with oceanographic research and development
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1 by publicizing the program and by prescribing guide2 lines for participation in the program.

3 ‘‘(4) To submit to the Council an annual report

4 pursuant to subsection (i).

5 ‘‘(e) PARTNERSHIP PROGRAM OFFICE.—The Coordi6 nating Group shall establish, using competitive proce7 dures, and oversee a partnership program office to carry

8 out such duties as the Chairman of the Coordinating

9 Group considers appropriate to implement the National

10 Oceanographic Partnership Program, including the follow11 ing:

12 ‘‘(1) To establish and oversee working groups

13 to propose partnership projects to the Coordinating

14 Group and advise the Group on such projects.

15 ‘‘(2) To manage peer review of partnership

16 projects proposed to the Coordinating Group and

17 competitions for projects selected by the Group.

18 ‘‘(3) To submit to the Coordinating Group an

19 annual report on the status of all partnership

20 projects and activities of the office.

21 ‘‘(f) CONTRACT AND GRANT AUTHORITY.—The Co22 ordinating Group may authorize one or more of the de23 partments or agencies represented in the Group to enter

24 into contracts and make grants, using funds appropriated

25 pursuant to an authorization for the National Oceano-
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1 graphic Partnership Program, for the purpose of imple2 menting the program and carrying out the Coordinating

3 Group’s responsibilities.

4 ‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner5 ship projects selected by the Coordinating Group may be

6 in any form that the Coordinating Group considers appro7 priate, including memoranda of understanding, dem8 onstration projects, cooperative research and development

9 agreements, and similar instruments.

10 ‘‘(h) ANNUAL REPORT.—Not later than February 1

11 of each year, the Coordinating Group shall submit to the

12 Council a report on the National Oceanographic Partner13 ship Program. The report shall contain, at a minimum,

14 copies of any recommendations or reports to the Coordi15 nating Group by the Ocean Research Advisory Panel.

16 ‘‘§ 7904. Ocean Research Advisory Panel

17 ‘‘(a) ESTABLISHMENT.—The Council shall appoint

18 an Ocean Research Advisory Panel (hereinafter in this

19 chapter referred to as the ‘Advisory Panel’) consisting of

20 not less than 10 and not more than 18 members.

21 ‘‘(b) MEMBERSHIP.—Members of the Advisory Panel

22 shall be appointed from among persons who are eminent

23 in the fields of marine science or marine policy, or related

24 fields, and who are representative, at a minimum, of the

25 interests of government, academia, and industry.
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1 ‘‘(c) RESPONSIBILITIES.—(1) The Coordinating

2 Group shall refer to the Advisory Panel, and the Advisory

3 Panel shall review, each proposed partnership project esti4 mated to cost more than $500,000. The Advisory Panel

5 shall make any recommendations to the Coordinating

6 Group that the Advisory Panel considers appropriate re7 garding such projects.

8 ‘‘(2) The Advisory Panel shall make any rec9 ommendations to the Coordinating Group regarding activi10 ties that should be addressed by the National Oceano11 graphic Partnership Program that the Advisory Panel

12 considers appropriate.’’.

13 (2) The tables of chapters at the beginning of subtitle

14 C of title 10, United States Code, and at the beginning

15 of part IV of such subtitle, are each amended by inserting

16 after the item relating to chapter 663 the following:

‘‘665. National Oceanographic Partnership Program ......... 7901’’.

17 (c) INITIAL APPOINTMENTS OF COUNCIL MEM18 BERS.—The Secretary of the Navy shall make the ap19 pointments required by section 7902(b) of title 10, United

20 States Code, as added by subsection (b)(1), not later than

21 December 1, 1996.

22 (d) INITIAL APPOINTMENTS OF ADVISORY PANEL

23 MEMBERS.—The National Ocean Research Leadership

24 Council established by section 7902 of title 10, United
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1 States Code, as added by subsection (b)(1), shall make

2 the appointments required by section 7904 of such title

3 not later than January 1, 1997.

4 (e) FIRST ANNUAL REPORT OF NATIONAL OCEAN

5 RESEARCH LEADERSHIP COUNCIL.—The first annual re6 port required by section 7902(e) of title 10, United States

7 Code, as added by subsection (b)(1), shall be submitted

8 to Congress not later than March 1, 1997. The first report

9 shall include, in addition to the information required by

10 such section, information about the terms of office, proce11 dures, and responsibilities of the Ocean Research Advisory

12 Panel established by the Council.

13 (f) AUTHORIZATION.—Of the amount authorized to

14 be appropriated to the Department of Defense in section

15 201, $30,000,000 is authorized for the National Oceano16 graphic Partnership Program established pursuant to sec17 tion 7901 of title 10, United States Code, as added by

18 subsection (b)(1).

19 (g) REQUIRED FUNDING FOR PROGRAM OFFICE.—

20 Of the amount appropriated for the National Oceano21 graphic Partnership Program for fiscal year 1997, at least

22 $500,000, or 3 percent of the amount appropriated,

23 whichever is greater, shall be available for operations of

24 the partnership program office established pursuant to
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1 section 7903(e) of title 10, United States Code, for such

2 fiscal year.

3 SEC. 248. FUNDING INCREASE FOR FIELD EMISSION FLAT

4 PANEL TECHNOLOGY.

5 (a) INCREASE.—The amount authorized in section

6 201(1) for the Combat Vehicle Improvement Program for

7 M1 Tank Upgrade (program element 23735A DD30) is

8 hereby increased by $10,000,000 to assist in funding the

9 development of field emission flat panel technology.

10 (b) OFFSET.—The amount authorized in section 101

11 is hereby decreased by $10,000,000.

12 SEC. 249. NATURAL RESOURCES ASSESSMENT AND TRAIN13 ING DELIVERY SYSTEM.

14 Of the amount authorized to be appropriated by sec15 tion 201(4) for program element 65804D, funding shall

16 be available for a proposed natural resources assessment

17 and training delivery system to enhance the ability of the

18 Department of Defense to mitigate the environmental im19 pact of its operational training of forces and testing of

20 weapons systems on military installations where problems

21 are most acute.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

11 (1) For the Army, $18,436,929,000.

12 (2) For the Navy, $20,433,797,000.

13 (3) For the Marine Corps, $2,524,677,000.

14 (4) For the Air Force, $17,982,955,000.

15 (5) For Defense-wide activities,

16 $10,375,368,000.

17 (6) For the Army Reserve, $1,155,436,000.

18 (7) For the Naval Reserve, $858,927,000.

19 (8) For the Marine Corps Reserve,

20 $106,467,000.

21 (9) For the Air Force Reserve, $1,504,553,000.

22 (10) For the Army National Guard,

23 $2,297,477,000.

24 (11) For the Air National Guard,

25 $2,688,473,000.
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1 (12) For the Defense Inspector General,

2 $136,501,000.

3 (13) For the United States Court of Appeals

4 for the Armed Forces, $6,797,000.

5 (14) For Environmental Restoration, Defense,

6 $1,333,016,000.

7 (15) For Drug Interdiction and Counter-drug

8 Activities, Defense-wide, $682,724,000.

9 (16) For Medical Programs, Defense,

10 $9,831,288,000.

11 (17) For Cooperative Threat Reduction pro12 grams, $302,900,000.

13 (18) For Overseas Humanitarian, Disaster, and

14 Civic Aid programs, $60,544,000.

15 (19) For payment to Kaho’olawe Island,

16 $10,000,000.

17 SEC. 302. WORKING CAPITAL FUNDS.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 1997 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 providing capital for working capital and revolving funds

22 in amounts as follows:

23 (1) For the Defense Business Operations Fund,

24 $947,900,000.
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1 (2) For the National Defense Sealift Fund,

2 $1,123,002,000.

3 SEC. 303. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated for fis5 cal year 1997 from the Armed Forces Retirement Home

6 Trust Fund the sum of $57,300,000 for the operation of

7 the Armed Forces Retirement Home, including the United

8 States Soldiers’ and Airmen’s Home and the Naval Home.

9 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK10 PILE TRANSACTION FUND.

11 (a) TRANSFER AUTHORITY.—To the extent provided

12 in appropriations Acts, not more than $250,000,000 is au13 thorized to be transferred from the National Defense

14 Stockpile Transaction Fund to operation and maintenance

15 accounts for fiscal year 1997 in amounts as follows:

16 (1) For the Army, $83,334,000.

17 (2) For the Navy, $83,333,000.

18 (3) For the Air Force, $83,333,000.

19 (b) TREATMENT OF TRANSFERS.—Amounts trans20 ferred under this section—

21 (1) shall be merged with, and be available for

22 the same purposes and the same period as, the

23 amounts in the accounts to which transferred; and
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1 (2) may not be expended for an item that has

2 been denied authorization of appropriations by Con3 gress.

4 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR5 ITY.—The transfer authority provided in this section is in

6 addition to the transfer authority provided in section

7 1001.

8 Subtitle B—Depot-Level Activities

9 SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DE10 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

11 DEFENSE-RELATED PRODUCTION AND SERV12 ICES.

13 Section 1425(e) of the National Defense Authoriza14 tion Act for Fiscal Year 1991 (Public Law 101–510; 104

15 Stat. 1684) is amended by striking out ‘‘September 30,

16 1996’’ and inserting in lieu thereof ‘‘September 30,

17 1997’’.

18 SEC. 312. EXCLUSION OF LARGE MAINTENANCE AND RE19 PAIR PROJECTS FROM PERCENTAGE LIMITA20 TION ON CONTRACTING FOR DEPOT-LEVEL

21 MAINTENANCE.

22 Section 2466 of title 10, United States Code, is

23 amended by inserting after subsection (a) the following

24 new subsection:
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1 ‘‘(b) TREATMENT OF CERTAIN LARGE PROJECTS.—

2 If a single maintenance or repair project contracted for

3 performance by non-Federal Government personnel ac4 counts for five percent or more of the funds made available

5 in a fiscal year to a military department or a Defense

6 Agency for depot-level maintenance and repair workload,

7 the project and the funds necessary for the project shall

8 not be considered when applying the percentage limitation

9 specified in subsection (a) to that military department or

10 Defense Agency.’’.

11 Subtitle C—Environmental

12 Provisions

13 SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIM14 BURSEMENT COSTS.

15 Section 2706 of title 10, United States Code, is

16 amended—

17 (1) by striking out subsection (c); and

18 (2) by redesignating subsection (d) as sub19 section (c).

20 SEC. 322. PAYMENTS OF STIPULATED PENALTIES AS21 SESSED UNDER CERCLA.

22 The Secretary of Defense may pay, from funds ap23 propriated pursuant to section 301(14), the following:

24 (1) Stipulated civil penalties, to the Hazardous

25 Substance Superfund established under section 9507
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1 of the Internal Revenue Code of 1986, in amounts

2 as follows:

3 (A) Not more than $34,000 assessed

4 against the United States Army at Fort Riley,

5 Kansas, under the Comprehensive Environ6 mental Response, Compensation, and Liability

7 Act of 1980 (42 U.S.C. 9601 et seq.).

8 (B) Not more than $55,000 assessed

9 against the Massachusetts Military Reservation,

10 Massachusetts, under such Act.

11 (C) Not more than $10,000 assessed

12 against the F.E. Warren Air Force Base, Wyo13 ming, under such Act.

14 (D) Not more than $30,000 assessed

15 against the Naval Education and Training Cen16 ter, Newport, Rhode Island, under such Act.

17 (E) Not more than $37,500 assessed

18 against Lake City Army Ammunition Plant,

19 under such Act.

20 (2) Not more than $500,000 to carry out two

21 environmental restoration projects, as part of a ne22 gotiated agreement in lieu of stipulated penalties as23 sessed under the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42
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1 U.S.C. 9601 et seq.) against the Massachusetts Mili2 tary Reservation, Massachusetts.

3 SEC. 323. CONSERVATION AND READINESS PROGRAM.

4 (a) ESTABLISHMENT.—The Secretary of Defense

5 may establish and carry out a program to be known as

6 the ‘‘Conservation and Readiness Program’’.

7 (b) PURPOSE.—The purpose of the Conservation and

8 Readiness Program is to conduct and manage in a coordi9 nated manner those conservation and cultural activities

10 that have regional, multicomponent, or Department of De11 fense-wide significance and are necessary to meet legal re12 quirements or to support military operations. These activi13 ties include the following:

14 (1) The development of ecosystem-wide land

15 management plans.

16 (2) The conduct of wildlife studies to ensure the

17 safety of military operations.

18 (3) The identification and return of Native

19 American human remains and cultural items in the

20 possession or control of the Department of Defense,

21 or discovered on land under the jurisdiction of the

22 Department of Defense, to the appropriate Native

23 American tribes.
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1 (4) The control of invasive species that may

2 hinder military activities or degrade military training

3 ranges.

4 (5) The establishment of a regional curation

5 system for artifacts found on military installations.

6 (c) COOPERATIVE AGREEMENTS AND GRANTS.—The

7 Secretary of Defense may negotiate and enter into cooper8 ative agreements with, and award grants to, public and

9 private agencies, organizations, institutions, individuals,

10 or other entities to carry out the Conservation and Readi11 ness Program.

12 (d) EFFECT ON OTHER LAWS.—Nothing in this sec13 tion shall be construed or interpreted as preempting any

14 otherwise applicable Federal, State, or local law or regula15 tion relating to the management of natural and cultural

16 resources on military installations.

17 SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID

18 WASTE CONTROL REQUIREMENTS.

19 (a) AMENDMENT TO THE ACT TO PREVENT POLLU20 TION FROM SHIPS.—Subsection (c) of section 3 of the Act

21 to Prevent Pollution from Ships (33 U.S.C. 1902(c)) is

22 amended—

23 (1) in paragraph (1), by inserting ‘‘, except as

24 provided in paragraphs (4) and (5) of this sub25 section’’ before the period at the end;
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1 (2) by striking out paragraph (4); and

2 (3) by adding at the end the following new

3 paragraphs:

4 ‘‘(4) A vessel owned or operated by the Department

5 of the Navy for which the Secretary of the Navy deter6 mines under the compliance plan submitted under para7 graph (2) that, due to unique military design, construc8 tion, manning, or operating requirements, full compliance

9 with paragraph (1) would not be technologically feasible,

10 would impair the vessel’s operations, and would impair the

11 vessel’s operational capability, is authorized to discharge

12 garbage consisting of either of the following:

13 ‘‘(A) A slurry of seawater, paper, cardboard,

14 and food waste that does not contain more than the

15 minimum amount practicable of plastic, if such slur16 ry is discharged not less than 3 nautical miles from

17 the nearest land and is capable of passing through

18 a screen with openings of no greater than 12 milli19 meters.

20 ‘‘(B) Metal and glass garbage that has been

21 shredded and bagged to ensure negative buoyancy

22 and is discharged not less than 12 nautical miles

23 from the nearest land.

24 ‘‘(5) Not later than December 31, 2000, the Sec25 retary of the Navy shall publish in the Federal Register—
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1 ‘‘(A) a list of those surface ships planned to be

2 decommissioned between January 1, 2001, and De3 cember 31, 2005; and

4 ‘‘(B) standards to ensure, so far as is reason5 able and practicable, without impairing the oper6 ations or operational capabilities of such ships, that

7 such ships act in a manner consistent with the spe8 cial area requirements of Regulation 5 of Annex V

9 to the Convention.’’.

10 (b) GOAL TO ACHIEVE FULL COMPLIANCE.—It shall

11 be the goal of the Secretary of the Navy to achieve full

12 compliance with Annex V to the International Convention

13 for the Prevention of Pollution from Ships, 1973, as soon

14 as practicable.

15 SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND

16 USE PLANS FOR DEFENSE ENVIRONMENTAL

17 RESTORATION PROGRAM.

18 (a) AUTHORITY.—The Secretary of Defense may, to

19 the extent possible and practical, develop and implement,

20 as part of the Defense Environmental Restoration Pro21 gram provided for in chapter 160 of title 10, United

22 States Code, a land use plan for any defense site selected

23 by the Secretary under subsection (b).

24 (b) SELECTION OF SITES.—The Secretary may select

25 up to 10 defense sites, from among sites where the Sec-
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1 retary is planning or implementing environmental restora2 tion activities, for which land use plans may be developed

3 under this section.

4 (c) REQUIREMENT TO CONSULT WITH REVIEW COM5 MITTEE OR ADVISORY BOARD.—In developing a land use

6 plan under this section, the Secretary of Defense shall

7 consult with a technical review committee established pur8 suant to section 2705(c) of title 10, United States Code,

9 a restoration advisory board established pursuant to sec10 tion 2705(d) of such title, a local land use redevelopment

11 authority, or another appropriate State agency.

12 (d) 50-YEAR PLANNING PERIOD.—A land use plan

13 developed under this section shall cover a period of at least

14 50 years.

15 (e) IMPLEMENTATION.—For each defense site for

16 which the Secretary develops a land use plan under this

17 section, the Secretary shall take into account the land use

18 plan in selecting and implementing, in accordance with ap19 plicable law, environmental restoration activities at the

20 site.

21 (f) DEADLINES.—For each defense site for which the

22 Secretary of Defense intends to develop a land use plan

23 under this section, the Secretary shall develop a draft land

24 use plan by October 1, 1997, and a final land use plan

25 by March 15, 1998.
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1 (g) DEFINITION OF DEFENSE SITE.—For purposes

2 of this section, the term ‘‘defense site’’ means (A) any

3 building, structure, installation, equipment, pipe or pipe4 line (including any pipe into a sewer or publicly owned

5 treatment works), well, pit, pond, lagoon, impoundment,

6 ditch, landfill, storage container, motor vehicle, rolling

7 stock, or aircraft under the jurisdiction of the Department

8 of Defense, or (B) any site or area under the jurisdiction

9 of the Department of Defense where a hazardous sub10 stance has been deposited, stored, disposed of, or placed,

11 or otherwise come to be located; but does not include any

12 consumer product in consumer use or any vessel.

13 (h) REPORT.—Not later than December 31, 1998,

14 the Secretary of Defense shall submit to Congress a report

15 on the land use plans developed under this section and

16 the effect such plans have had on environmental restora17 tion activities at the defense sites where they have been

18 implemented. The report shall include recommendations

19 on whether such land use plans should be developed and

20 implemented throughout the Department of Defense.

21 (h) SAVINGS PROVISIONS.—(1) Nothing in this sec22 tion or in a land use plan developed under this section

23 with respect to a defense site shall be construed as requir24 ing any modification to a land use plan that was developed

25 before the date of the enactment of this Act.
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1 (2) Nothing in this section may be construed to affect

2 statutory requirements for an environmental restoration

3 or waste management activity or project or to modify or

4 otherwise affect applicable statutory or regulatory environ5 mental restoration and waste management requirements,

6 including substantive standards intended to protect public

7 health and the environment, nor shall anything in this sec8 tion be construed to preempt or impair any local land use

9 planning or zoning authority or State authority.

10 SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECH11 NOLOGIES FOR LIMITING AIR EMISSIONS

12 DURING SHIPYARD BLASTING AND COATING

13 OPERATIONS.

14 (a) PILOT PROGRAM.—The Secretary of the Navy

15 shall establish a pilot program to test an alternative tech16 nology designed to capture and destroy or remove particu17 late emissions and volatile air pollutants that occur during

18 abrasive blasting and coating operations at naval ship19 yards. In conducting the test, the Secretary shall seek to

20 demonstrate whether the technology is valid, cost effective,

21 and in compliance with environmental laws and regula22 tions.

23 (b) REPORT.—Upon completion of the test conducted

24 under the pilot program, the Secretary of the Navy shall

25 submit to the Committee on Armed Services of the Senate
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1 and the Committee on National Security of the House of

2 Representatives a report setting forth in detail the results

3 of the test. The report shall include recommendations on

4 whether the alternative technology merits implementation

5 at naval shipyards and such other recommendations as the

6 Secretary considers appropriate.

7 SEC. 327. NAVY PROGRAM TO MONITOR ECOLOGICAL EF8 FECTS OF ORGANOTIN.

9 (a) MONITORING REQUIREMENT.—The Secretary of

10 the Navy shall, in consultation with the Administrator of

11 the Environmental Protection Agency, develop and imple12 ment a program to monitor the concentrations of

13 organotin in the water column, sediments, and aquatic or14 ganisms of representative estuaries and near-coastal wa15 ters in the United States, as described in section 7(a) of

16 the Organotin Antifouling Paint Control Act of 1988 (33

17 U.S.C. 2406(a)). The program shall be designed to

18 produce high-quality data to enable the Environmental

19 Protection Agency to develop water quality criteria con20 cerning organotin compounds.

21 (b) REPORT.—Not later than June 1, 1997, the Sec22 retary of the Navy shall submit to Congress a report con23 taining the following:

24 (1) A description of the monitoring program de25 veloped pursuant to subsection (a).
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1 (2) An analysis of the results of the monitoring

2 program as of the date of the submission of the re3 port.

4 (3) Information about the progress of Navy

5 programs, referred to in section 7(c) of Organotin

6 Antifouling Paint Control Act of 1988 (33 U.S.C.

7 2406(c)), for evaluating the laboratory toxicity and

8 environmental risks associated with the use of

9 antifouling paints containing organotin.

10 (4) An assessment, developed in consultation

11 with the Administrator of the Environmental Protec12 tion Agency, of the effectiveness of existing laws and

13 rules concerning organotin compounds in ensuring

14 protection of human health and the environment.

15 (c) SENSE OF CONGRESS.—It is the sense of Con16 gress that the Administrator of the Environmental Protec17 tion Agency, in consultation with the Secretary of the

18 Navy, should develop, for purposes of the national pollut19 ant discharge elimination system, a model permit for the

20 discharge of organotin compounds at shipbuilding and

21 ship repair facilities. For purposes of this subsection, the

22 term ‘‘organotin’’ has the meaning provided in section 3

23 of the Organotin Antifouling Paint Control Act of 1988

24 (33 U.S.C. 2402).
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1 SEC. 328. AGREEMENTS FOR SERVICES OF OTHER AGEN2 CIES IN SUPPORT OF ENVIRONMENTAL

3 TECHNOLOGY DEMONSTRATION AND VALIDA4 TION.

5 (a) AUTHORITY.—The Secretary of Defense may

6 enter into a cooperative agreement with an agency of a

7 State or local government to obtain assistance in dem8 onstrating, validating, and certifying environmental tech9 nologies.

10 (b) TYPES OF ASSISTANCE.— The types of assistance

11 that may be obtained under subsection (a) include the fol12 lowing:

13 (1) Data collection and analysis.

14 (2) Technical assistance in conducting a dem15 onstration of an environmental technology, including

16 the implementation of quality assurance and quality

17 control programs.

18 (c) SERVICE CHARGES.—The cooperative agreement

19 may provide for the payment by the Secretary of service

20 charges to the agency if the charges are reasonable, non21 discriminatory, and do not exceed the actual or estimated

22 cost to the agency of providing the service.
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1 Subtitle D—Civilian Employees

2 and Nonappropriated Fund In3 strumentality Employees

4 SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODG5 ING EXPENSES WHEN ADEQUATE GOVERN6 MENT QUARTERS ARE AVAILABLE.

7 (a) REPEAL.—Section 1589 of title 10, United States

8 Code, is repealed.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 81 of such title is amended

11 by striking out the item relating to section 1589.

12 SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODI13 FICATION.

14 (a) IN GENERAL.—Section 5597(g) of title 5, United

15 States Code, is amended by adding at the end the follow16 ing new paragraph:

17 ‘‘(5) If the employment is without compensation, the

18 appointing official may waive the repayment.’’.

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply with respect to employment accept21 ed on or after the date of the enactment of this Act.

22 SEC. 333. WAGE-BOARD COMPENSATORY TIME OFF.

23 (a) IN GENERAL.—Section 5543 of title 5, United

24 States Code, is amended—
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1 (1) by redesignating subsection (b) as sub2 section (c); and

3 (2) by inserting after subsection (a) the follow4 ing new subsection:

5 ‘‘(b) The head of an agency may, on request of an

6 employee, grant the employee compensatory time off from

7 his scheduled tour of duty instead of payment under sec8 tion 5544 or section 7 of the Fair Labor Standards Act

9 of 1938 for an equal amount of time spent in irregular

10 or occasional overtime work.’’.

11 (b) CONFORMING AMENDMENT.—Section 5544(c) of

12 title 5, United States Code, is amended by inserting ‘‘and

13 the provisions of section 5543(b)’’ before ‘‘shall apply’’.

14 SEC. 334. SIMPLIFICATION OF RULES RELATING TO THE

15 OBSERVANCE OF CERTAIN HOLIDAYS.

16 Section 6103 of title 5, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(d)(1) For purposes of this subsection—

20 ‘‘(A) the term ‘compressed schedule’ has the

21 meaning given such term by section 6121(5); and

22 ‘‘(B) the term ‘adverse agency impact’ has the

23 meaning given such term by section 6131(b).

24 ‘‘(2) An agency may prescribe rules under which em25 ployees on a compressed schedule may, in the case of a
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1 holiday that occurs on a regularly scheduled non-workday

2 for such employees, and notwithstanding any other provi3 sion of law or the terms of any collective bargaining agree4 ment, be required to observe such holiday on a workday

5 other than as provided by subsection (b), if the agency

6 head determines that it is necessary to do so in order to

7 prevent an adverse agency impact.’’.

8 SEC. 335. PHASED RETIREMENT.

9 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

10 8344 of title 5, United States Code, is amended by adding

11 at the end the following new subsection:

12 ‘‘(m)(1) In order to promote the retention of employ13 ees having knowledge, skills, or expertise needed by the

14 Department of Defense, in a manner consistent with ongo15 ing downsizing efforts, the Secretary of Defense or his

16 designee may waive the application of subsection (a), with

17 respect to reemployed annuitants of the Department of

18 Defense, under this subsection.

19 ‘‘(2) A waiver under this subsection—

20 ‘‘(A) may not be granted except upon appro21 priate written application submitted and approved

22 not later than the date of separation on which enti23 tlement to annuity is based;

24 ‘‘(B) shall be contingent on the reemployment

25 commencing within such time as the Secretary or his
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1 designee may require, may remain in effect for a pe2 riod of not to exceed 2 years, and shall not be re3 newable; and

4 ‘‘(C) may be granted and thereafter remain in

5 effect only if, with respect to the position in which

6 reemployed, the number of regularly scheduled hours

in each week or other period is at least 1 7 ⁄2 but not

more than 3 8 ⁄4 those last in effect for the individual

9 before the separation referred to in subparagraph

10 (A).

11 ‘‘(3)(A) In no event shall the sum of the rate of basic

12 pay for, plus annuity allocable to, any period of service

13 as a reemployed annuitant under this subsection exceed

14 the rate of basic pay that would then be in effect for serv15 ice performed during such period if separation had not oc16 curred.

17 ‘‘(B) If the limitation under subparagraph (A) would

18 otherwise be exceeded, an amount equal to the excess shall

19 be deducted from basic pay for the period involved (but

20 not to exceed total basic pay for such period), and any

21 amount so deducted shall be deposited in the Treasury of

22 the United States to the credit of the Fund.

23 ‘‘(4) The number of reemployed annuitants under

24 this subsection at any given time may not, when taken
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1 together with the then current number under section

2 8468(j), exceed a total of 50.

3 ‘‘(5) All waivers under this subsection shall cease to

4 be effective after September 30, 2001.’’.

5 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

6 Section 8468 of title 5, United States Code, is amended

7 by adding at the end the following new subsection:

8 ‘‘(j)(1) In order to promote the retention of employ9 ees having knowledge, skills, or expertise needed by the

10 Department of Defense, in a manner consistent with ongo11 ing downsizing efforts, the Secretary of Defense or his

12 designee may waive the application of subsections (a) and

13 (b), with respect to reemployed annuitants of the Depart14 ment of Defense, under this subsection.

15 ‘‘(2) A waiver under this subsection—

16 ‘‘(A) may not be granted except upon appro17 priate written application submitted and approved

18 not later than the date of separation on which enti19 tlement to annuity is based;

20 ‘‘(B) shall be contingent on the reemployment

21 commencing within such time as the Secretary or his

22 designee may require, may remain in effect for a pe23 riod of not to exceed 2 years, and shall not be re24 newable; and
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1 ‘‘(C) may be granted and thereafter remain in

2 effect only if, with respect to the position in which

3 reemployed, the number of regularly scheduled hours

in each week or other period is at least 1 4 ⁄2 but not

more than 3 5 ⁄4 those last in effect for the individual

6 before the separation referred to in subparagraph

7 (A).

8 ‘‘(3)(A) In no event shall the sum of the rate of basic

9 pay for, plus annuity allocable to, any period of service

10 as a reemployed annuitant under this subsection exceed

11 the rate of basic pay that would then be in effect for serv12 ice performed during such period if separation had not oc13 curred.

14 ‘‘(B) If the limitation under subparagraph (A) would

15 otherwise be exceeded, an amount equal to the excess shall

16 be deducted from basic pay for the period involved (but

17 not to exceed total basic pay for such period), and any

18 amount so deducted shall be deposited in the Treasury of

19 the United States to the credit of the Fund.

20 ‘‘(4) The number of reemployed annuitants under

21 this subsection at any given time may not, when taken

22 together with the then current number under section

23 8344(m), exceed a total of 50.

24 ‘‘(5) All waivers under this subsection shall cease to

25 be effective after September 30, 2001.’’.
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1 (c) REPORTING REQUIREMENT.—Not later than De2 cember 31, 2000, the Secretary of Defense shall submit

3 to each House of Congress and the Office of Personnel

4 Management a written report on the operation of sections

5 8344(m) and 8468(j) of title 5, United States Code, as

6 amended by this section. Such report shall include—

7 (1) recommendations as to whether or not those

8 provisions of law should be continued beyond Sep9 tember 30, 2001, and, if so, under what conditions

10 or constraints; and

11 (2) any other information which the Secretary

12 of Defense may consider appropriate.

13 SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EM14 PLOYEES OF DEPARTMENT OF DEFENSE TO

15 PARTICIPATE VOLUNTARILY IN REDUCTIONS

16 IN FORCE.

17 Section 3502(f) of title 5, United States Code, is

18 amended to read as follows:

19 ‘‘(f)(1) The Secretary of Defense or the Secretary of

20 a military department may—

21 ‘‘(A) separate from service any employee who

22 volunteers to be separated under this subparagraph

23 even though the employee is not otherwise subject to

24 separation due to a reduction in force; and
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1 ‘‘(B) for each employee voluntarily separated

2 under subparagraph (A), retain an employee in a

3 similar position who would otherwise be separated

4 due to a reduction in force.

5 ‘‘(2) The separation of an employee under paragraph

6 (1)(A) shall be treated as an involuntary separation due

7 to a reduction in force.

8 ‘‘(3) An employee with critical knowledge and skills

9 (as defined by the Secretary concerned) may not partici10 pate in a voluntary separation under paragraph (1)(A) if

11 the Secretary concerned determines that such participa12 tion would impair the performance of the mission of the

13 Department of Defense or the military department con14 cerned.

15 ‘‘(4) The regulations prescribed under this section

16 shall incorporate the authority provided in this subsection.

17 ‘‘(5) No authority under paragraph (1) may be exer18 cised after September 30, 2001.’’.
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1 Subtitle E—Commissaries and Non2 appropriated Fund Instrumen3 talities

4 SEC. 341. CONTRACTS WITH OTHER AGENCIES AND IN5 STRUMENTALITIES FOR GOODS AND SERV6 ICES.

7 (a) CONTRACTS TO PROMOTE EFFICIENT OPER8 ATION AND MANAGEMENT.—Chapter 147 of title 10,

9 United States Code, is amended by adding at the end the

10 following new section:

11 ‘‘§ 2490b. Contracts with other agencies and instru12 mentalities for goods and services

13 ‘‘An agency or instrumentality of the Department of

14 Defense that supports the operation of the exchange or

15 morale, welfare, and recreation systems of the Department

16 of Defense may enter into a contract or other agreement

17 with another department, agency, or instrumentality of

18 the Department of Defense or another Federal agency to

19 provide goods and services beneficial to the efficient man20 agement and operation of the exchange or morale, welfare,

21 and recreation systems.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘2490b. Contracts with other agencies and instrumentalities for goods and services.’’.
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1 SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND2 NAME COMMERCIAL ITEMS FOR RESALE IN

3 COMMISSARY STORES.

4 (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE

5 PROCUREMENT.—Section 2486 of title 10, United States

6 Code, is amended by adding at the end the following new

7 subsection:

8 ‘‘(e) The Secretary of Defense may not use the excep9 tion provided in section 2304(c)(5) of this title regarding

10 the procurement of a brand-name commercial item for re11 sale in commissary stores unless the commercial item is

12 regularly sold outside of commissary stores under the

13 same brand name as the name by which the commercial

14 item will be sold in commissary stores.’’.

15 (b) EFFECT ON EXISTING CONTRACTS.—The amend16 ment made by subsection (a) shall not affect the terms,

17 conditions, or duration of any contract entered into by the

18 Secretary of Defense before the date of the enactment of

19 this Act for the procurement of commercial items for re20 sale in commissary stores.

21 SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY

22 EXPLICIT MATERIAL.

23 (a) IN GENERAL—(1) Chapter 147 of title 10, United

24 States Code, is amended by adding after section 2490b,

25 as added by section 341, the following new section:
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1 ‘‘§ 2490c. Sale or rental of sexually explicit material

2 prohibited

3 ‘‘(a) PROHIBITION OF SALE OR RENTAL.—The Sec4 retary of Defense may not permit the sale or rental of

5 sexually explicit written or videotaped material on prop6 erty under the jurisdiction of the Department of Defense.

7 ‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED SEXU8 ALLY EXPLICIT MATERIAL.—A member of the armed

9 forces or a civilian officer or employee of the Department

10 of Defense acting in an official capacity for sale, remu11 neration, or rental may not provide sexually explicit mate12 rial to another person.

13 ‘‘(c) REGULATIONS.—The Secretary of Defense shall

14 prescribe regulations to implement this section.

15 ‘‘(d) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘sexually explicit material’ means

17 an audio recording, a film or video recording, or a

18 periodical with visual depictions, produced in any

19 medium, the dominant theme of which depicts or de20 scribes nudity, including sexual or excretory activi21 ties or organs, in a lascivious way.

22 ‘‘(2) The term ‘property under the jurisdiction

23 of the Department of Defense’ includes com24 missaries, all facilities operated by the Army and Air

25 Force Exchange Service, the Navy Exchange Service
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1 Command, the Navy Resale and Services Support

2 Office, Marine Corps exchanges, and ship stores.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding after the item relating to

5 section 2490b, as added by section 341, the following new

6 item:

‘‘2490c. Sale or rental of sexually explicit material prohibited.’’.

7 (b) EFFECTIVE DATE.—Subsection (a) of section

8 2490c of title 10, United States Code, as added by sub9 section (a) of this section, shall take effect 90 days after

10 the date of the enactment of this Act.

11 Subtitle F—Performance of Func12 tions by Private-Sector Sources

13 SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE

14 PROCUREMENT OF PRINTING AND DUPLICA15 TION SERVICES.

16 (a) EXTENSION.—Section 351(a) of the National De17 fense Authorization Act for Fiscal Year 1996 (Public Law

18 104–106; 110 Stat. 266) is amended by striking out ‘‘fis19 cal year 1996’’ and inserting in lieu thereof ‘‘fiscal years

20 1996 and 1997’’.

21 (b) REPORTING REQUIREMENTS.—Such section is

22 further amended by adding at the end the following new

23 subsection:

24 ‘‘(c) REPORTING REQUIREMENTS.—(1) Not later

25 than 90 days after the end of each fiscal year in which
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1 the requirement of subsection (a) applies, the Secretary

2 of Defense shall submit to Congress a report—

3 ‘‘(A) describing the extent of the compliance of

4 the Secretary with the requirement during that fiscal

5 year;

6 ‘‘(B) specifying the total volume of printing and

7 duplication services procured by Department of De8 fense during that fiscal year—

9 ‘‘(i) from sources within the Department of

10 Defense;

11 ‘‘(ii) from private-sector sources; and

12 ‘‘(iii) from other sources in the Federal

13 Government; and

14 ‘‘(C) specifying the total volume of printed and

15 duplicated material during that fiscal year covered

16 by the exception in subsection (b).

17 ‘‘(2) The report required for fiscal year 1996 shall

18 also include the plans of the Secretary for further imple19 mentation of the requirement of subsection (a) during fis20 cal year 1997.’’.
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1 SEC. 352. REQUIREMENT REGARDING USE OF PRIVATE

2 SHIPYARDS FOR COMPLEX NAVAL SHIP RE3 PAIR CONTRACTS.

4 (a) IN GENERAL.—(1) Chapter 633 of title 10, Unit5 ed States Code, is amended by adding at the end the fol6 lowing new section:

7 ‘‘§ 7315. Use of private shipyards for complex ship re8 pair work: limitation to certain shipyards

9 ‘‘(a) LIMITATION ON REPAIR LOCATIONS.—When10 ever a naval vessel (other than a submarine) is to undergo

11 complex ship repairs and the Secretary of the Navy deter12 mines that a private shipyard contractor is to be used for

13 the work required, such work—

14 ‘‘(1) may be performed only by a qualifying

15 shipyard contractor; and

16 ‘‘(2) shall be performed at the shipyard facility

17 of the contractor selected unless the Secretary deter18 mines that the work should be conducted elsewhere

19 in the interest of national security.

20 ‘‘(b) QUALIFYING SHIPYARD CONTRACTOR.—For the

21 purposes of this section, a qualifying shipyard contractor,

22 with respect to the award of any contract for ship repair

23 work, is a private shipyard that—

24 ‘‘(1) is capable of performing the repair and

25 overhaul of ships with a displacement of 800 tons or

26 more;
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1 ‘‘(2) performs at least 55 percent of repairs

2 with its own facilities and work force;

3 ‘‘(3) possesses or has access to a dry-dock and

4 a pier with the capability to berth a ship with a dis5 placement of 800 tons or more; and

6 ‘‘(4) has all the facilities and organizational ele7 ments needed for the repair of a ship with a dis8 placement of 800 tons or more.

9 ‘‘(c) COMPLEX SHIP REPAIRS.—In this section, the

10 term ‘complex ship repairs’ means repairs to a vessel per11 formed at a shipyard that are estimated (before work on

12 the repairs by a shipyard begins) to require expenditure

13 of $750,000 or more.

14 ‘‘(d) EXCEPTION REGARDING PACIFIC COAST.—This

15 section shall not apply in the case of complex ship repairs

16 to be performed at a shipyard facility located on the Pa17 cific Coast of the United States.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following

20 new item:

‘‘7315. Use of private shipyards for complex ship repair work: limitation to certain shipyards.’’.

21 (b) EFFECTIVE DATE.—Section 7315 of title 10,

22 United States Code, as added by subsection (a), shall

23 apply with respect to contracts for complex ship repairs
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1 that are awarded after the date of the enactment of this

2 Act.

3 Subtitle G—Other Matters

4 SEC. 360. TERMINATION OF DEFENSE BUSINESS OPER5 ATIONS FUND AND PREPARATION OF PLAN

6 REGARDING IMPROVED OPERATION OF

7 WORKING-CAPITAL FUNDS.

8 (a) REPEAL OF DEFENSE BUSINESS OPERATIONS

9 FUND.—(1) Section 2216 of title 10, United States Code,

10 as added by section 371(a) of the National Defense Au11 thorization Act for Fiscal Year 1996 (Public Law 104–

12 106; 110 Stat. 277), is repealed.

13 (2) The table of sections at the beginning of chapter

14 131 of title 10, United States Code, is amended by strik15 ing out the item relating to such section.

16 (3) The amendments made by this subsection shall

17 take effect on October 1, 1998.

18 (b) PLAN FOR IMPROVED OPERATION OF WORKING19 CAPITAL FUNDS.—Not later than September 30, 1997,

20 the Secretary of Defense shall submit to Congress a plan

21 to improve the management and performance of the indus22 trial, commercial, and support type activities of the mili23 tary departments or the Defense Agencies that are cur24 rently managed through the Defense Business Operations

25 Fund.
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1 (c) ELEMENTS OF PLAN.—The plan required by sub2 section (b) shall address the following issues:

3 (1) The ability of each military department to

4 set working capital requirements and set charges at

5 its own industrial and supply activities.

6 (2) The desirability of separate business ac7 counts for the management of both industrial and

8 supply activities for each military department.

9 (3) Liability for operating losses at industrial

10 and supply activities.

11 (4) Reimbursement to the Department of De12 fense for each military department’s fair share of

13 the costs of legitimate common business support

14 services provided by the Department of Defense

15 (such as accounting and financial services and

16 central logistics services).

17 (5) The role of the Department of Defense in

18 setting charges or imposing surcharges for activities

19 managed by the military department business ac20 counts (except for the common business support

21 costs described in paragraph (4)), and what such

22 charges should properly reflect.

23 (6) The appropriate use of operating profits

24 arising from the operations of the industrial and

25 supply activities of a military department.
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1 (7) The ability of military departments to pur2 chase industrial and supply services from, and pro3 vide such services to, other military departments.

4 (8) Standardization of financial management

5 and accounting practices employed by military de6 partment business accounts.

7 (9) Reporting requirements related to actual

8 and projected performance of military department

9 business management account activities.

10 SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER

11 DEFENSE BUSINESS OPERATIONS FUND.

12 Section 2216 of title 10, United States Code, as

13 added by section 371(a) of the National Defense Author14 ization Act for Fiscal Year 1996 (Public Law 104–106;

15 110 Stat. 227), is amended in subsection (i)(1) by striking

16 out ‘‘$50,000’’ and inserting in lieu thereof ‘‘$100,000’’.

17 SEC. 362. TRANSFER OF EXCESS PERSONAL PROPERTY TO

18 SUPPORT LAW ENFORCEMENT ACTIVITIES.

19 (a) TRANSFER AUTHORITY.—(1) Chapter 153 of title

20 10, United States Code, is amended by inserting after sec21 tion 2576 the following new section:

22 ‘‘§ 2576a. Excess personal property: sale or donation

23 for law enforcement activities

24 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding

25 any other provision of law and subject to subsection (b),
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1 the Secretary of Defense may transfer to Federal and

2 State agencies personal property of the Department of De3 fense, including small arms and ammunition, that the Sec4 retary determines is—

5 ‘‘(A) suitable for use by the agencies in law en6 forcement activities, including counter-drug activi7 ties; and

8 ‘‘(B) excess to the needs of the Department of

9 Defense.

10 ‘‘(2) The Secretary shall carry out this section in con11 sultation with the Attorney General and the Director of

12 National Drug Control Policy.

13 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary

14 may transfer personal property under this section only

15 if—

16 ‘‘(1) the property is drawn from existing stocks

17 of the Department of Defense; and

18 ‘‘(2) the transfer is made without the expendi19 ture of any funds available to the Department of

20 Defense for the procurement of defense equipment.

21 ‘‘(c) CONSIDERATION.—Personal property may be

22 transferred under this section without cost to the recipient

23 agency.

24 ‘‘(d) PREFERENCE FOR CERTAIN TRANSFERS.—In

25 considering applications for the transfer of personal prop-
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1 erty under this section, the Secretary shall give a pref2 erence to those applications indicating that the transferred

3 property will be used in the counter-drug activities of the

4 recipient agency.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by inserting after the item relating

7 to section 2576 the following new item:

‘‘2576a. Excess personal property: sale or donation for law enforcement activities.’’.

8 (b) CONFORMING AMENDMENTS.—(1) Section 1208

9 of the National Defense Authorization Act for Fiscal

10 Years 1990 and 1991 (Public Law 101–189; 10 U.S.C.

11 372 note) is repealed.

12 (2) Section 1005 of the National Defense Authoriza13 tion Act for Fiscal Year 1991 (Public Law 101–510; 104

14 Stat. 1630) is amended by striking out ‘‘section 1208 of

15 the National Defense Authorization Act for Fiscal Years

16 1990 and 1991 (10 U.S.C. 372 note) and section 372’’

17 and inserting in lieu thereof ‘‘sections 372 and 2576a’’.

18 SEC. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANS19 PORTATION.

20 (a) STORAGE AUTHORIZED.—(1) Section 2634 of

21 title 10, United States Code, is amended by adding at the

22 end the following new subsection:

23 ‘‘(g)(1) In lieu of transportation authorized by this

24 section, if a member is ordered to make a change of per-
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1 manent station to a foreign country and the laws, regula2 tions, or other restrictions imposed by the foreign country

3 or the United States preclude entry of a motor vehicle de4 scribed in subsection (a) into that country, or would re5 quire extensive modification of the vehicle as a condition

6 to entry, the member may elect to have the vehicle stored

7 at the expense of the United States at a location approved

8 by the Secretary concerned.

9 ‘‘(2) If a member is transferred or assigned to duty

10 at a location other than the permanent station of the

11 member for a period of more than 30 consecutive days,

12 but the transfer or assignment is not considered a change

13 of permanent station, the member may elect to have a

14 motor vehicle described in subsection (a) stored at the ex15 pense of the United States at a location approved by the

16 Secretary concerned.

17 ‘‘(3) Authorized expenses under this subsection in18 clude costs associated with the delivery of the motor vehi19 cle for storage and removal of the vehicle for delivery to

20 a destination approved by the Secretary concerned.’’.

21 (2)(A) The heading of such section is amended to

22 read as follows:
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1 ‘‘§ 2634. Motor vehicles: transportation or storage for

2 members on change of permanent station

3 or extended deployment’’.

4 (B) The item relating to such section in the table of

5 sections at the beginning of chapter 157 of title 10, United

6 States Code, is amended to read as follows:

‘‘2634. Motor vehicles: transportation or storage for members on change of permanent station or extended deployment.’’.

7 (b) CONFORMING AMENDMENT.—Section 406(h)(1)

8 of title 37, United States Code, is amended by striking

9 out subparagraph (B) and inserting in lieu thereof the fol10 lowing new subparagraph:

11 ‘‘(B) in the case of a member described in para12 graph (2)(A), authorize the transportation of one

13 motor vehicle, which is owned or leased by the mem14 ber (or a dependent of the member) and is for the

15 personal use of a dependent of the member, to that

16 location by means of transportation authorized

17 under section 2634 of title 10 or authorize the stor18 age of the motor vehicle pursuant to subsection (g)

19 of such section.’’.

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on July 1, 1997.
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1 SEC. 364. CONTROL OF TRANSPORTATION SYSTEMS IN

2 TIME OF WAR.

3 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

4 Chapter 157 of title 10, United States Code is amended

5 by adding at the end the following new section:

6 ‘‘§ 2644. Control of transportation systems in time of

7 war

8 ‘‘In time of war, the President, acting through the

9 Secretary of Defense, may take possession and assume

10 control of all or any part of a system of transportation

11 to transport troops, war material, and equipment, or for

12 other purposes related to the emergency. So far as nec13 essary, the Secretary may use the transportation system

14 to the exclusion of other traffic.’’.

15 (b) CONFORMING REPEALS.—Sections 4742 and

16 9742 of title 10, United States Code are repealed.

17 (c) CLERICAL AMENDMENTS.—(1) The table of sec18 tions at the beginning of chapter 447 of such title is

19 amended by striking out the item relating to section 4742.

20 (2) The table of sections at the beginning of chapter

21 947 of such title is amended by striking out the item relat22 ing to section 9742.

23 (3) The table of sections at the beginning of chapter

24 157 of such title 10 is amended by inserting after the item

25 relating to section 2643 the following new item:

‘‘2644. Control of transportation systems in time of war.’’.
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1 SEC. 365. SECURITY PROTECTIONS AT DEPARTMENT OF DE2 FENSE FACILITIES IN NATIONAL CAPITAL RE3 GION.

4 (a) EXPANSION OF AUTHORITY.—Subsection (b) of

5 section 2674 of title 10, United States Code, is amended

6 by striking out ‘‘at the Pentagon Reservation’’ and insert7 ing in lieu thereof ‘‘in the National Capital Region’’.

8 (b) CLERICAL AMENDMENT.—(1) The heading of

9 such section is amended to read as follows:

10 ‘‘§ 2674. Operation and control of Pentagon Reserva11 tion and defense facilities in National

12 Capital Region’’.

13 (2) The item relating to such section in the table of

14 sections at the beginning of chapter 159 of such title is

15 amended to read as follows:

‘‘2674. Operation and control of Pentagon Reservation and defense facilities in

National Capital Region.’’.

16 SEC. 366. MODIFICATIONS TO ARMED FORCES RETIRE17 MENT HOME ACT OF 1991.

18 (a) TERM OF OFFICE.—Section 1515 of the Armed

19 Forces Retirement Home Act of 1991 (24 U.S.C. 415)

20 is amended—

21 (1) in subsection (e), by adding at the end the

22 following:

23 ‘‘(3) The chairman of the Retirement Home Board

24 may appoint a member of the Retirement Home Board
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1 for a second consecutive term. The chairman of a Local

2 Board may appoint a member of that Local Board for a

3 second consecutive term.’’; and

4 (2) by striking out subsection (f) and inserting

5 in lieu thereof the following:

6 ‘‘(f) EARLY EXPIRATION OF TERM.—A member of

7 the Armed Forces or Federal civilian employee who is ap8 pointed as a member of the Retirement Home Board or

9 a Local Board may serve as a board member only so long

10 as the member of the Armed Forces or Federal civilian

11 employee is assigned to or serving in the duty position that

12 gave rise to the appointment as a board member.’’.

13 (b) DISPOSAL OF REAL PROPERTY.—Section

14 1516(d) of such Act (24 U.S.C. 416(d)) is amended by

15 striking out ‘‘(d)’’ and all that follows through the end

16 of paragraph (1) and inserting in lieu thereof the follow17 ing:

18 ‘‘(d) DISPOSAL OF REAL PROPERTY.—(1) The Re19 tirement Home Board may dispose of real property of the

20 Retirement Home by sale or otherwise, except that the dis21 posal may not occur until after the end of a period of 30

22 legislative days or 60 calendar days, whichever is longer,

23 beginning on the date on which the Retirement Home

24 Board notifies the Committee on Armed Services of the

25 Senate and the Committee on National Security of the
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1 House of Representatives of the proposed disposal. The

2 Federal Property and Administrative Services Act of 1949

3 (40 U.S.C. 471 et seq.), section 501 of the Stewart B.

4 McKinney Homeless Assistance Act (42 U.S.C. 11411),

5 and any other provision of law or regulation relating to

6 the handling or disposal of real property by the United

7 States shall not apply to the disposal of real property by

8 the Retirement Home Board.’’.

9 (c) ANNUAL EVALUATION OF DIRECTORS.—Section

10 1517 of such Act (24 U.S.C. 417) is amended by striking

11 out subsection (f) and inserting in lieu thereof the follow12 ing:

13 ‘‘(f) ANNUAL EVALUATION OF DIRECTORS.—The

14 chairman of the Retirement Home Board shall annually

15 evaluate the performance of the Directors and shall make

16 such recommendations to the Secretary of Defense as the

17 chairman considers appropriate in light of the evalua18 tion.’’.

19 (d) EFFECT OF AMENDMENT.—The amendment

20 made by subsection (a)(2) shall not affect the staggered

21 terms of members of the Armed Forces Retirement Home

22 Board or a Local Board of the Retirement Home under

23 section 1515(f) of such Act, as in effect before the date

24 of the enactment of this Act.
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1 SEC. 367. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

2 THAT BENEFIT DEPENDENTS OF MEMBERS

3 OF THE ARMED FORCES AND DEPARTMENT

4 OF DEFENSE CIVILIAN EMPLOYEES.

5 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

6 PROGRAM FOR FISCAL YEAR 1997.—Of the amounts au7 thorized to be appropriated in section 301(5)—

8 (1) $50,000,000 shall be available for providing

9 educational agencies assistance (as defined in sub10 section (d)(1)) to local educational agencies; and

11 (2) $8,000,000 shall be available for making

12 educational agencies payments (as defined in sub13 section (d)(2)) to local educational agencies.

14 (b) NOTIFICATION.—Not later than June 30, 1997,

15 the Secretary of Defense shall—

16 (1) notify each local educational agency that is

17 eligible for educational agencies assistance for fiscal

18 year 1997 of that agency’s eligibility for such assist19 ance and the amount of such assistance for which

20 that agency is eligible; and

21 (2) notify each local educational agency that is

22 eligible for an educational agencies payment for fis23 cal year 1997 of that agency’s eligibility for such

24 payment and the amount of the payment for which

25 that agency is eligible.
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1 (c) DISBURSEMENT OF FUNDS.—The Secretary of

2 Defense shall disburse funds made available under para3 graphs (1) and (2) of subsection (a) not later than 30

4 days after the date on which notification to the eligible

5 local educational agencies is provided pursuant to sub6 section (b).

7 (d) DEFINITIONS.—In this section:

8 (1) The term ‘‘educational agencies assistance’’

9 means assistance authorized under section 386(b) of

10 the National Defense Authorization Act for Fiscal

11 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

12 note).

13 (2) The term ‘‘educational agencies payments’’

14 means payments authorized under section 386(d) of

15 the National Defense Authorization Act for Fiscal

16 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

17 note).

18 (3) The term ‘‘local educational agency’’ has

19 the meaning given that term in section 8013(9) of

20 the Elementary and Secondary Education Act of

21 1965 (20 U.S.C. 7713(9)).
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1 SEC. 368. RETENTION OF CIVILIAN EMPLOYEE POSITIONS

2 AT MILITARY TRAINING BASES TRANS3 FERRED TO NATIONAL GUARD.

4 (a) MILITARY TRAINING INSTALLATIONS AF5 FECTED.—This section applies with respect to each mili6 tary training installation that—

7 (1) was approved for closure in 1995 under the

8 Defense Base Closure and Realignment Act of 1990

9 (part A of title XXIX of Public Law 101–510; 10

10 U.S.C. 2687 note);

11 (2) is scheduled for transfer during fiscal year

12 1997 to National Guard operation and control; and

13 (3) will continue to be used, after such transfer,

14 to provide training support to active and reserve

15 components of the Armed Forces.

16 (b) RETENTION OF EMPLOYEE POSITIONS.—In the

17 case of a military training installation described in sub18 section (a), the Secretary of Defense shall retain civilian

19 employee positions of the Department of Defense at the

20 installation after transfer to the National Guard to facili21 tate active and reserve component training at the installa22 tion.

23 (c) MAXIMUM POSITIONS RETAINED.—The maxi24 mum number of civilian employee positions retained at an

25 installation under this section shall not exceed 20 percent
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1 of the Federal civilian workforce employed at the installa2 tion as of September 8, 1995.

3 (d) REMOVAL OF POSITION.—The requirement to

4 maintain a civilian employee position at an installation

5 under this section shall terminate upon the later of the

6 following:

7 (1) The date of the departure or retirement of

8 the civilian employee initially employed or retained

9 in a civilian employee position at the installation as

10 a result of this section.

11 (2) The date on which the Secretary certifies to

12 Congress that a civilian employee position at the in13 stallation is no longer required to ensure that effec14 tive support is provided at the installation for active

15 and reserve component training.

16 SEC. 369. EXPANSION OF AUTHORITY TO DONATE UNUS17 ABLE FOOD.

18 (a) AUTHORITY FOR DONATIONS FROM DEFENSE

19 AGENCIES.—Section 2485 of title 10, United States Code,

20 is amended by striking out ‘‘Secretary of a military de21 partment’’ in subsections (a) and (b) and inserting in lieu

22 thereof ‘‘Secretary of Defense’’.

23 (b) EXPANSION OF ELIGIBLE RECIPIENTS.—Such

24 section is further amended—
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1 (1) in subsection (a), by striking out ‘‘author2 ized charitable nonprofit food banks’’ and inserting

3 in lieu thereof ‘‘entities specified under subsection

4 (d)’’; and

5 (2) in subsection (d), by striking out ‘‘may only

6 be made’’ and all that follows and inserting in lieu

7 thereof the following: ‘‘may only be made to an en8 tity that is one of the following:

9 ‘‘(1) A charitable nonprofit food bank that is

10 designated by the Secretary of Defense or the Sec11 retary of Health and Human Services as authorized

12 to receive such donations.

13 ‘‘(2) A State or local agency that is designated

14 by the Secretary of Defense or the Secretary of

15 Health and Human Services as authorized to receive

16 such donations.

17 ‘‘(3) A chapter or other local unit of a recog18 nized national veterans organization that provides

19 services to persons without adequate shelter and is

20 designated by the Secretary of Veterans Affairs as

21 authorized to receive such donations.

22 ‘‘(4) A not-for-profit organization that provides

23 care for homeless veterans and is designated by the

24 Secretary of Veterans Affairs as authorized to re25 ceive such donations.’’.
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1 (c) CLARIFICATION OF FOOD THAT MAY BE DO2 NATED.—Subsection (b) of such section is further amend3 ed by inserting ‘‘rations known as humanitarian daily ra4 tions (HDRs),’’ after ‘‘(MREs),’’.

5 TITLE IV—MILITARY

6 PERSONNEL AUTHORIZATIONS

7 Subtitle A—Active Forces

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

9 The Armed Forces are authorized strengths for active

10 duty personnel as of September 30, 1997, as follows:

11 (1) The Army, 495,000.

12 (2) The Navy, 407,318.

13 (3) The Marine Corps, 174,000.

14 (4) The Air Force, 381,100.

15 SEC. 402. PERMANENT END STRENGTH LEVELS TO SUP16 PORT TWO MAJOR REGIONAL CONTIN17 GENCIES.

18 Section 691 of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsections (d) and (e) as

21 subsections (e) and (f), respectively; and

22 (2) by striking out subsection (c) and inserting

23 in lieu thereof the following:

24 ‘‘(c) The budget for the Department of Defense for

25 any fiscal year as submitted to Congress shall include
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1 amounts for funding for each of the armed forces (other

2 than the Coast Guard) at least in the amounts necessary

3 to maintain the active duty end strengths prescribed in

4 subsection (b), as in effect at the time that such budget

5 is submitted.

6 ‘‘(d) No funds appropriated to the Department of De7 fense may be used to implement a reduction of the active

8 duty end strength for any of the armed forces (other than

9 the Coast Guard) for any fiscal year below the level speci10 fied in subsection (b) unless the reduction in end strength

11 for that armed force for that fiscal year is specifically au12 thorized by law.’’.

13 SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED

14 OFFICERS ON ACTIVE DUTY IN GRADES OF

15 MAJOR, LIEUTENANT COLONEL, AND COLO16 NEL AND NAVY GRADES OF LIEUTENANT

17 COMMANDER, COMMANDER, AND CAPTAIN.

18 (a) REVISION IN ARMY, AIR FORCE, AND MARINE

19 CORPS LIMITATIONS.—The table in paragraph (1) of sec20 tion 523(a) of title 10, United States Code, is amended

21 to read as follows:

‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in the

grade of:

Major Lieutenant Colonel Colonel

Army:

35,000 ...................................... 8,922 6,419 2,163

40,000 ...................................... 9,614 6,807 2,347

45,000 ...................................... 10,305 7,196 2,530

50,000 ...................................... 10,997 7,584 2,713

55,000 ...................................... 11,688 7,973 2,897
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‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in the

grade of:

Major Lieutenant Colonel Colonel

60,000 ...................................... 12,380 8,361 3,080

65,000 ...................................... 13,071 8,750 3,264

70,000 ...................................... 13,763 9,138 3,447

75,000 ...................................... 14,454 9,527 3,631

80,000 ...................................... 15,146 9,915 3,814

85,000 ...................................... 15,837 10,304 3,997

90,000 ...................................... 16,529 10,692 4,181

95,000 ...................................... 17,220 11,081 4,364

100,000 .................................... 17,912 11,469 4,548

110,000 .................................... 19,295 12,246 4,915

120,000 .................................... 20,678 13,023 5,281

130,000 .................................... 22,061 13,800 5,648

170,000 .................................... 27,593 16,908 7,116

Air Force:

35,000 ...................................... 9,216 7,090 2,125

40,000 ...................................... 10,025 7,478 2,306

45,000 ...................................... 10,835 7,866 2,487

50,000 ...................................... 11,645 8,253 2,668

55,000 ...................................... 12,454 8,641 2,849

60,000 ...................................... 13,264 9,029 3,030

65,000 ...................................... 14,073 9,417 3,211

70,000 ...................................... 14,883 9,805 3,392

75,000 ...................................... 15,693 10,193 3,573

80,000 ...................................... 16,502 10,582 3,754

85,000 ...................................... 17,312 10,971 3,935

90,000 ...................................... 18,121 11,360 4,115

95,000 ...................................... 18,931 11,749 4,296

100,000 .................................... 19,741 12,138 4,477

105,000 .................................... 20,550 12,527 4,658

110,000 .................................... 21,360 12,915 4,838

115,000 .................................... 22,169 13,304 5,019

120,000 .................................... 22,979 13,692 5,200

125,000 .................................... 23,789 14,081 5,381

Marine Corps:

10,000 ...................................... 2,525 1,480 571

12,500 ...................................... 2,900 1,600 592

15,000 ...................................... 3,275 1,720 613

17,500 ...................................... 3,650 1,840 633

20,000 ...................................... 4,025 1,960 654

22,500 ...................................... 4,400 2,080 675

25,000 ...................................... 4,775 2,200 695.’’

1 (b) REVISION IN NAVY LIMITATIONS.—The table in

2 paragraph (2) of such section is amended to read as fol3 lows:

‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in grade

of:

Lieutenant commander Commander Captain

Navy:

30,000 ...................................... 7,331 5,018 2,116
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‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in grade

of:

Lieutenant commander Commander Captain

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.’’

1 (c) EFFECTIVE DATE.—The amendments made by

2 subsections (a) and (b) shall take effect on September 1,

3 1997, except that with the approval of the Secretary of

4 Defense the Secretary of a military department may pre5 scribe an earlier date for that Secretary’s military depart6 ment. Any such date shall be published in the Federal

7 Register.

8 Subtitle B—Reserve Forces

9 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

10 (a) FISCAL YEAR 1997.—The Armed Forces are au11 thorized strengths for Selected Reserve personnel of the

12 reserve components as of September 30, 1997, as follows:

13 (1) The Army National Guard of the United

14 States, 366,758.

15 (2) The Army Reserve, 215,179.

16 (3) The Naval Reserve, 96,304.

17 (4) The Marine Corps Reserve, 42,000.
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1 (5) The Air National Guard of the United

2 States, 108,843.

3 (6) The Air Force Reserve, 73,281.

4 (7) The Coast Guard Reserve, 8,000.

5 (b) WAIVER AUTHORITY.—The Secretary of Defense

6 may vary the end strength authorized by subsection (a)

7 by not more than 2 percent.

8 (c) ADJUSTMENTS.—The end strengths prescribed by

9 subsection (a) for the Selected Reserve of any reserve com10 ponent for a fiscal year shall be proportionately reduced

11 by—

12 (1) the total authorized strength of units orga13 nized to serve as units of the Selected Reserve of

14 such component which are on active duty (other

15 than for training) at the end of the fiscal year, and

16 (2) the total number of individual members not

17 in units organized to serve as units of the Selected

18 Reserve of such component who are on active duty

19 (other than for training or for unsatisfactory partici20 pation in training) without their consent at the end

21 of the fiscal year.

22 Whenever such units or such individual members are re23 leased from active duty during any fiscal year, the end

24 strength prescribed for such fiscal year for the Selected

25 Reserve of such reserve component shall be proportion-
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1 ately increased by the total authorized strengths of such

2 units and by the total number of such individual members.

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

4 DUTY IN SUPPORT OF THE RESERVES.

5 Within the end strengths prescribed in section

6 411(a), the reserve components of the Armed Forces are

7 authorized, as of September 30, 1997, the following num8 ber of Reserves to be serving on full-time active duty or

9 full-time duty, in the case of members of the National

10 Guard, for the purpose of organizing, administering, re11 cruiting, instructing, or training the reserve components:

12 (1) The Army National Guard of the United

13 States, 22,798.

14 (2) The Army Reserve, 11,729.

15 (3) The Naval Reserve, 16,603.

16 (4) The Marine Corps Reserve, 2,559.

17 (5) The Air National Guard of the United

18 States, 10,378.

19 (6) The Air Force Reserve, 625.

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

21 (a) AUTHORIZATION FOR FISCAL YEAR 1997.—The

22 minimum number of military technicians as of the last day

23 of fiscal year 1997 for the reserve components of the Army

24 and the Air Force (notwithstanding section 129 of title

25 10, United States Code) shall be the following:
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1 (1) For the Army Reserve, 6,799.

2 (2) For the Army National Guard of the United

3 States, 25,500.

4 (3) For the Air Force Reserve, 9,802.

5 (4) For the Air National Guard of the United

6 States, 22,906.

7 (b) INFORMATION TO BE PROVIDED WITH FUTURE

8 AUTHORIZATION REQUESTS.—Section 10216 of title 10,

9 United States Code, is amended—

10 (1) by redesignating subsection (b) as sub11 section (c); and

12 (2) by inserting after subsection (a) the follow13 ing new subsection (b):

14 ‘‘(b) INFORMATION REQUIRED TO BE SUBMITTED

15 WITH ANNUAL END STRENGTH AUTHORIZATION RE16 QUEST.—(1) The Secretary of Defense shall include as

17 part of the budget justification documents submitted to

18 Congress with the budget of the Department of Defense

19 for any fiscal year the following information with respect

20 to the end strengths for military technicians requested in

21 that budget pursuant to section 115(g) of this title, shown

22 separately for each of the Army and Air Force reserve

23 components:
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1 ‘‘(A) The number of dual-status technicians in

2 the high priority units and organizations specified in

3 subsection (a)(1).

4 ‘‘(B) The number of technicians other than

5 dual-status technicians in the high priority units and

6 organizations specified in subsection (a)(1).

7 ‘‘(C) The number of dual-status technicians in

8 other than high priority units and organizations

9 specified in subsection (a)(1).

10 ‘‘(D) The number of technicians other than

11 dual-status technicians in other than high priority

12 units and organizations specified in subsection

13 (a)(1).

14 ‘‘(2)(A) If the budget submitted to Congress for any

15 fiscal year requests authorization for that fiscal year

16 under section 115(g) of this title of a military technician

17 end strength for a reserve component of the Army or Air

18 Force in a number that constitutes a reduction from the

19 end strength minimum established by law for that reserve

20 component for the fiscal year during which the budget is

21 submitted, the Secretary of Defense shall submit to the

22 congressional defense committees with that budget a jus23 tification providing the basis for that requested reduction

24 in technician end strength.
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1 ‘‘(B) Any justification submitted under subparagraph

2 (A) shall clearly delineate—

3 ‘‘(i) in the case of a reduction that includes a

4 reduction in technicians described in subparagraph

5 (A) or (C) of paragraph (1), the specific force struc6 ture reductions forming the basis for such requested

7 technician reduction (and the numbers related to

8 those force structure reductions); and

9 ‘‘(ii) in the case of a reduction that includes re10 ductions in technicians described in subparagraphs

11 (B) or (D) of paragraph (1), the specific force struc12 ture reductions, Department of Defense civilian per13 sonnel reductions, or other reasons forming the basis

14 for such requested technician reduction (and the

15 numbers related to those reductions).’’.

16 (c) TECHNICAL AMENDMENTS.—Such section is fur17 ther amended—

18 (1) in subsection (a), by striking out ‘‘section

19 115’’ and inserting in lieu thereof ‘‘section 115(g)’’;

20 and

21 (2) in subsection (c), as redesignated by sub22 section (b)(1), by striking out ‘‘after the date of the

23 enactment of this section’’ both places it appears

24 and inserting in lieu thereof ‘‘after February 10,

25 1996,’’.
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1 Subtitle C—Authorization of

2 Appropriations

3 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal

7 year 1997 a total of $70,206,030,000. The authorization

8 in the preceding sentence supersedes any other authoriza9 tion of appropriations (definite or indefinite) for such pur10 pose for fiscal year 1997.

11 TITLE V—MILITARY PERSONNEL

12 POLICY

13 Subtitle A—Personnel Management

14 SEC. 501. AUTHORIZATION FOR SENIOR ENLISTED MEM15 BERS TO REENLIST FOR AN INDEFINITE PE16 RIOD OF TIME.

17 Subsection (d) of section 505 of title 10, United

18 States Code, is amended to read as follows:

19 ‘‘(d)(1) For a member with less than 10 years of serv20 ice, the Secretary concerned may accept a reenlistment in

21 the Regular Army, Regular Navy, Regular Air Force, Reg22 ular Marine Corps, or Regular Coast Guard, as the case

23 may be, for periods of at least two but not more than six

24 years.
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1 ‘‘(2) At the discretion of the Secretary concerned, a

2 member with 10 or more years of service who reenlists

3 in the Regular Army, Regular Navy, Regular Air Force,

4 Regular Marine Corps, or Regular Coast Guard, as the

5 case may be, and who meets all qualifications for contin6 ued service, may be accepted for reenlistment of an un7 specified period of time.’’.

8 SEC. 502. AUTHORITY TO EXTEND ENTRY ON ACTIVE DUTY

9 UNDER THE DELAYED ENTRY PROGRAM.

10 Section 513(b) of title 10, United States Code, is

11 amended—

12 (1) by adding after the first sentence the follow13 ing new sentence: ‘‘The Secretary concerned may ex14 tend the 365-day period for any person for up to an

15 additional 180 days if the Secretary considers such

16 extension to be warranted on a case-by-case basis.’’;

17 and

18 (2) in the last sentence, by striking out ‘‘the

19 preceding sentence’’ and inserting in lieu thereof

20 ‘‘under this subsection’’.

21 SEC. 503. PERMANENT AUTHORITY FOR NAVY SPOT PRO22 MOTIONS FOR CERTAIN LIEUTENANTS.

23 Section 5721 of title 10, United States Code, is

24 amended by striking out subsection (g).
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1 SEC. 504. REPORTS ON RESPONSE TO RECOMMENDATIONS

2 CONCERNING IMPROVEMENTS TO DEPART3 MENT OF DEFENSE JOINT MANPOWER PROC4 ESS.

5 (a) SEMIANNUAL REPORT.—The Secretary of De6 fense shall submit to Congress a semiannual report on the

7 status of actions taken by the Secretary to implement the

8 recommendations made by the Department of Defense In9 spector General in the report of November 29, 1995, enti10 tled ‘‘Inspection of the Department of Defense Joint Man11 power Process’’ (Report No. 96–029). The first such re12 port shall be submitted not later than February 1, 1997.

13 (b) ADDITIONAL MATTER FOR FIRST REPORT.—As

14 part of the first report under subsection (a), the Secretary

15 shall include the following:

16 (1) The Secretary’s assessment as to the need

17 to establish a joint, centralized permanent organiza18 tion in the Department of Defense to determine,

19 validate, approve, and manage military and civilian

20 manpower requirements resources at joint organiza21 tions.

22 (2) The Secretary’s assessment of the Depart23 ment of Defense timeline and plan to increase the

24 capability of the joint professional military education

25 system (including the Armed Forces Staff College)
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1 to overcome the capacity limitations cited in the re2 port referred to in subsection (a).

3 (3) The Secretary’s plan and timeline to pro4 vide the necessary training and education of reserve

5 component officers.

6 (c) GAO ASSESSMENT.—The Comptroller General of

7 the United States shall assess the completeness and ade8 quacy of the corrective actions taken by the Secretary with

9 respect to the matters covered in the report referred to

10 in subsection (a) and shall submit a report to Congress,

11 not later than one year after the date of enactment of this

12 Act, providing the Comptroller General’s findings and rec13 ommendations.

14 SEC. 505. FREQUENCY OF REPORTS TO CONGRESS ON

15 JOINT OFFICER MANAGEMENT POLICIES.

16 (a) CHANGE FROM SEMIANNUAL TO ANNUAL RE17 PORT.—Section 662(b) of title 10, United States Code, is

18 amended by striking out ‘‘REPORT.—The Secretary of De19 fense shall periodically (and not less often than every six

20 months) report to Congress on the promotion rates’’ and

21 inserting in lieu thereof ‘‘ANNUAL REPORT.—Not later

22 than January 1 of each year, the Secretary of Defense

23 shall submit to Congress a report on the promotion rates

24 during the preceding fiscal year’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

2 Such section is further amended—

3 (1) in the first sentence, by striking out

4 ‘‘clauses’’ and inserting in lieu thereof ‘‘para5 graphs’’; and

6 (2) in the second sentence—

7 (A) by inserting ‘‘for any fiscal year’’ after

8 ‘‘such objectives’’; and

9 (B) by striking out ‘‘periodic report re10 quired by this subsection’’ and inserting in lieu

11 thereof ‘‘report for that fiscal year’’.

12 SEC. 506. REPEAL OF REQUIREMENT THAT COMMISSIONED

13 OFFICERS BE INITIALLY APPOINTED IN A RE14 SERVE GRADE.

15 Section 532 of title 10, United States Code, is

16 amended by striking out subsection (e).

17 SEC. 507. CONTINUATION ON ACTIVE STATUS FOR CERTAIN

18 RESERVE OFFICERS OF THE AIR FORCE.

19 (a) AUTHORITY.—Section 14507 of title 10, United

20 States Code, is amended by adding at the end the follow21 ing new subsection:

22 ‘‘(c) TEMPORARY AUTHORITY TO RETAIN CERTAIN

23 OFFICERS DESIGNATED AS JUDGE ADVOCATES.—(1)

24 Notwithstanding the provisions of subsections (a) and (b),

25 the Secretary of the Air Force may retain on the reserve
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1 active-status list any reserve officer of the Air Force who

2 is designated as a judge advocate and who obtained the

3 first professional degree in law while on an educational

4 delay program subsequent to being commissioned through

5 the Reserve Officers’ Training Corps.

6 ‘‘(2) No more than 50 officers may be retained on

7 the reserve active-status list under the authority of para8 graph (1) at any time.

9 ‘‘(3) No officer may be retained on the reserve active10 status list under the authority of paragraph (1) for a pe11 riod exceeding three years from the date on which, but

12 for that authority, that officer would have been removed

13 from the reserve active-status list under subsection (a) or

14 (b).

15 ‘‘(4) The authority of the Secretary of the Air Force

16 under paragraph (1) expires on September 30, 2003.’’.

17 (b) EFFECTIVE DATE.—Subsection (c) of section 14507

18 of title 10, United States Code, as added by subsection

19 (a), shall take effect on October 1, 1996.

20 SEC. 508. CLARIFICATION OF APPLICABILITY OF CERTAIN

21 MANAGEMENT CONSTRAINTS ON MAJOR

22 RANGE AND TEST FACILITY BASE STRUC23 TURE.

24 Section 129 of title 10, United States Code, is

25 amended—
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1 (1) in subsection (c)(1), by inserting after ‘‘in2 dustrial-type activities’’ the following: ‘‘, the Major

3 Range and Test Facility Base,’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(e) Subsections (a), (b), and (c) apply to the Major

7 Range and Test Facility Base (MRTFB) at the installa8 tion level. With respect to the MRTFB structure, the term

9 ‘‘funds made available’’ includes both direct appropriated

10 funds and funds provided by MRTFB customers.’’.

11 Subtitle B—Reserve Component

12 Matters

13 SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AU14 THORITY.

15 (a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE

16 DUTY OTHER THAN DURING WAR OR NATIONAL EMER17 GENCY.—Section 10144 of title 10, United States Code,

18 is amended—

19 (1) by inserting ‘‘(a)’’ before ‘‘Within the Ready

20 Reserve’’; and

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

22 ‘‘(b)(1) Within the Individual Ready Reserve of each

23 reserve component there is a mobilization category of

24 members, as designated by the Secretary concerned, who

25 are subject to being ordered to active duty involuntarily
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1 in accordance with section 12304 of this title. A member

2 may not be placed in that mobilization category unless—

3 ‘‘(A) the member volunteers for that category;

4 and

5 ‘‘(B) the member is selected for that category

6 by the Secretary concerned, based upon the needs of

7 the service and the grade and military skills of that

8 member.

9 ‘‘(2) A member of the Individual Ready Reserve may

10 not be carried in the mobilization category of members

11 under paragraph (1) after the end of the 24-month period

12 beginning on the date of the separation of the member

13 from active service.

14 ‘‘(3) The Secretary shall designate the grades and

15 critical military skills or specialities of members to be eligi16 ble for placement in such mobilization category.

17 ‘‘(4) A member in such mobilization category shall

18 be eligible for benefits (other than pay and training) as

19 are normally available to members of the Selected Reserve,

20 as determined by the Secretary of Defense.’’.

21 (b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—

22 Subsection (a) of section 12304 of title 10, United States

23 Code, is amended by inserting after ‘‘of this title),’’ the

24 following: ‘‘or any member in the Individual Ready Re-
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1 serve mobilization category and designated as essential

2 under regulations prescribed by the Secretary concerned,’’.

3 (c) MAXIMUM NUMBER.—Subsection (c) of such sec4 tion is amended—

5 (1) by inserting ‘‘and the Individual Ready Re6 serve’’ after ‘‘Selected Reserve’’; and

7 (2) by inserting ‘‘, of whom not more than

8 30,000 may be members of the Individual Ready Re9 serve’’ before the period at the end.

10 (d) CONFORMING AMENDMENTS.—Such section is

11 further amended—

12 (1) in subsection (f), by inserting ‘‘or Individual

13 Ready Reserve’’ after ‘‘Selected Reserve’’;

14 (2) in subsection (g), by inserting ‘‘, or member

15 of the Individual Ready Reserve,’’ after ‘‘to serve as

16 a unit’’; and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(i) For purposes of this section, the term ‘Individual

20 Ready Reserve mobilization category’ means, in the case

21 of any reserve component, the category of the Individual

22 Ready Reserve described in section 10144(b) of this

23 title.’’.

24 (e) CLERICAL AMENDMENTS.—(1) The heading of

25 such section is amended to read as follows:
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1 ‘‘§ 12304. Selected Reserve and certain Individual

2 Ready Reserve members; order to active

3 duty other than during war or national

4 emergency’’.

5 (2) The item relating to section 12304 in the table

6 of sections at the beginning of chapter 1209 of such title

7 is amended to read as follows:

‘‘12304. Selected Reserve and certain Individual Ready Reserve members; order

to active duty other than during war or national emergency’’.

8 SEC. 512. TRAINING FOR RESERVES ON ACTIVE DUTY IN

9 SUPPORT OF THE RESERVES.

10 Subsection (b) of section 12310 of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘(b) A Reserve on active duty as described in sub13 section (a) may be provided training and professional de14 velopment opportunities consistent with those provided to

15 other members on active duty, as the Secretary concerned

16 sees fit.’’.

17 SEC. 513. CLARIFICATION TO DEFINITION OF ACTIVE STA18 TUS.

19 Section 101(d)(4) of title 10, United States Code, is

20 amended by striking out ‘‘a reserve commissioned officer,

21 other than a commissioned warrant officer’’ and inserting

22 in lieu thereof ‘‘a member of a reserve component’’.
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1 SEC. 514. APPOINTMENT ABOVE GRADE OF 0–2 IN THE

2 NAVAL RESERVE.

3 Paragraph (3) of section 12205(b) of title 10, United

4 States Code, is amended by inserting ‘‘or the Seaman to

5 Admiral Program’’ before the period at the end.

6 SEC. 515. REPORT ON NUMBER OF ADVISERS IN ACTIVE

7 COMPONENT SUPPORT OF RESERVES PILOT

8 PROGRAM.

9 (a) REPORT ON NUMBER OF ACTIVE COMPONENT

10 ADVISERS.—Not later than six months after the date of

11 the enactment of this Act, the Secretary of Defense shall

12 submit to the Committee on Armed Services of the Senate

13 and the Committee on National Security of the House of

14 Representatives a report setting forth the Secretary’s de15 termination as to the appropriate number of active compo16 nent personnel to be assigned to serve as advisers to re17 serve components under section 414 of the National De18 fense Authorization Act for Fiscal Years 1992 and 1993

19 (10 U.S.C. 12001 note). If the Secretary’s determination

20 is that such number should be a number other than the

21 required minimum number in effect under subsection (c)

22 of such section, the Secretary shall include in the report

23 an explanation providing the Secretary’s justification for

24 the number recommended.

25 (b) TECHNICAL AMENDMENT.—Section 414(a) of the

26 National Defense Authorization Act for Fiscal Years 1992
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1 and 1993 (10 U.S.C. 12001 note) is amended by striking

2 out ‘‘During fiscal years 1992 and 1993, the Secretary

3 of the Army shall institute’’ and inserting in lieu thereof

4 ‘‘The Secretary of the Army shall carry out’’.

5 SEC. 516. SENSE OF CONGRESS AND REPORT REGARDING

6 REEMPLOYMENT RIGHTS FOR MOBILIZED

7 RESERVISTS EMPLOYED IN FOREIGN COUN8 TRIES.

9 (a) SENSE OF CONGRESS.—Congress is concerned

10 about the lack of reemployment rights afforded Reserve

11 component members who reside in foreign countries and

12 either work for United States companies that maintain of13 fices or operations in foreign countries or work for foreign

14 employers. Being outside the jurisdiction of the United

15 States, these employers are not subject to the provisions

16 of chapter 43 of title 38, United States Code, known as

17 the Uniformed Services Employment and Reemployment

18 Rights Act (USERRA). The purpose of that Act is to pro19 vide statutory employment protections that include rein20 statement, seniority, status, and rate of pay coverage for

21 Reservists who are ordered to active duty for a specified

22 period of time, including involuntary active duty in sup23 port of an operational contingency. While most Reserve

24 members are afforded the protections of that Act (which

25 covers reemployment rights in their civilian jobs upon
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1 completion of military service), approximately 2,000 mem2 bers of the Selected Reserve reside outside the United

3 States and its territories and, not being guaranteed the

4 job protection envisioned by the USERRA, are potentially

5 subject to reemployment problems after release from ac6 tive duty. During Operation Joint Endeavor, a number of

7 Reservists who are currently living and working abroad

8 and who were involuntarily ordered to active duty in sup9 port of that operation did in fact face reemployment prob10 lems with their civilian employers. This situation poses a

11 continuing personnel management challenge for the re12 serve components.

13 (b) RECOGNITION OF PROBLEM.—Congress, while

14 recognizing that foreign governments and companies lo15 cated abroad, not being within the jurisdiction of the Unit16 ed States, cannot be required to comply with the provi17 sions of the Uniformed Services Employment and Reem18 ployment Rights Act, also recognizes that there is a need

19 to provide assistance to Reservists in the situation de20 scribed in subsection (a), both in the near term and the

21 long term.

22 (c) REPORT REQUIREMENT.—Not later than April 1,

23 1997, the Secretary of Defense shall submit to the Com24 mittee on Armed Services of the Senate and the Commit25 tee on National Security of the House of Representatives
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1 a report that sets forth recommended actions to help alle2 viate reemployment problems for Reservists who are em3 ployed outside the United States and its territories by

4 United States companies that maintain offices or oper5 ations in foreign countries or by foreign employers. The

6 report shall include recommendations on the assistance

7 and support that may be required by other organizations

8 of the Government, including the Defense Attache ́ Offices,

9 the Department of Labor, and the Department of State.

10 The report shall be prepared in consultation with the Sec11 retary of State and the Secretary of Labor.

12 SEC. 517. ELIGIBILITY FOR ENROLLMENT IN READY RE13 SERVE MOBILIZATION INCOME INSURANCE

14 PROGRAM.

15 Section 12524 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(g) MEMBERS OF INDIVIDUAL READY RESERVE.—

19 Notwithstanding any other provision of this section, and

20 pursuant to regulations issued by the Secretary, a member

21 of the Individual Ready Reserve who becomes a member

22 of the Selected Reserve shall not be denied eligibility to

23 purchase insurance under this chapter upon becoming a

24 member of the Selected Reserve unless the member pre25 viously declined to enroll in the program of insurance
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1 under this chapter while a member of the Selected Re2 serve.’’.

3 Subtitle C—Jurisdiction and Pow4 ers of Courts-Martial for the Na5 tional Guard When Not in Fed6 eral Service

7 SEC. 531. COMPOSITION, JURISDICTION, AND PROCEDURES

8 OF COURTS-MARTIAL.

9 Section 326 of title 32, United States Code, is

10 amended—

11 (1) by inserting ‘‘(a)’’ at the beginning of the

12 text of the section;

13 (2) by striking out the second sentence and in14 serting in lieu thereof the following: ‘‘They shall fol15 low substantially the forms and procedures provided

16 for those courts and shall provide accused members

17 of the National Guard the rights and protections

18 provided in those courts.’’; and

19 (3) by adding at the end the following:

20 ‘‘(b) Courts-martial of the National Guard not in

21 Federal service do not have jurisdiction over those persons

22 who are subject to the jurisdiction of a court-martial pur23 suant to section 802 of title 10.

24 ‘‘(c) A court-martial of the National Guard not in

25 Federal service shall have such jurisdiction and powers,
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1 consistent with the provisions of this chapter, as may be

2 provided by the law of the State or Territory, Puerto Rico,

3 or District of Columbia in which the court-martial is con4 vened.’’.

5 SEC. 532. GENERAL COURTS-MARTIAL.

6 (a) CONVENING AUTHORITY.—Subsection (a) of sec7 tion 327 of title 32, United States Code, is amended by

8 inserting ‘‘or adjutant general’’ after ‘‘governor’’.

9 (b) PUNISHMENTS.—Subsection (b) of such section

10 is amended to read as follows:

11 ‘‘(b) A general court-martial may sentence an ac12 cused, upon conviction, to any of the following punish13 ments:

14 ‘‘(1) A fine of not more than $500 for a single

15 offense.

16 ‘‘(2) Forfeiture of pay and allowances in an

17 amount of not more than $500 for a single offense

18 or any forfeiture of pay for not more than six

19 months.

20 ‘‘(3) A reprimand.

21 ‘‘(4) Dismissal, bad conduct discharge, or dis22 honorable discharge.

23 ‘‘(5) In the case of an enlisted member, reduc24 tion to a lower grade.

25 ‘‘(6) Confinement for not more than 180 days.
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1 ‘‘(7) Any combination of the punishments speci2 fied in paragraphs (1) through (6).’’.

3 (c) LIMITATION ON PUNITIVE DISCHARGES.—Such

4 section is further amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(c)(1) A dismissal or bad conduct or dishonorable

7 discharge may not be adjudged unless counsel was detailed

8 to represent the accused and a military judge was detailed

9 to the trial.

10 ‘‘(2) In a case in which the sentence adjudged in11 cludes dismissal or a bad conduct or dishonorable dis12 charge, a verbatim record of the proceedings shall be

13 made.’’.

14 SEC. 533. SPECIAL COURTS-MARTIAL.

15 (a) CONVENING AUTHORITY.—Subsection (a) of sec16 tion 328 of title 32, United States Code, is amended by

17 inserting ‘‘, if a National Guard officer,’’ after ‘‘the com18 manding officer’’.

19 (b) PUNISHMENTS.—Subsection (b) of such section

20 is amended to read as follows:

21 ‘‘(b) A special court-martial may sentence an ac22 cused, upon conviction, to any of the following punish23 ments:

24 ‘‘(1) A fine of not more than $300 for a single

25 offense.
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1 ‘‘(2) Forfeiture of pay and allowances in an

2 amount of not more than $300 for a single offense,

3 but adjudged forfeiture of pay may not exceed two4 thirds pay per month and forfeitures may not extend

5 for more than six months.

6 ‘‘(3) A reprimand.

7 ‘‘(4) Bad conduct discharge.

8 ‘‘(5) In the case of an enlisted member, reduc9 tion to a lower grade.

10 ‘‘(6) Confinement for not more than 100 days.

11 ‘‘(7) Any combination of the punishments speci12 fied in paragraphs (1) through (6).’’.

13 (c) LIMITATION ON BAD CONDUCT DISCHARGES.—

14 Subsection (c) of such section is amended to read as fol15 lows:

16 ‘‘(c)(1) A bad conduct discharge may not be adjudged

17 unless counsel was detailed to represent the accused and

18 a military judge was detailed to the trial.

19 ‘‘(2) In a case in which the sentence adjudged in20 cludes a bad conduct discharge, a verbatim record of the

21 proceedings shall be made.’’.

22 SEC. 534. SUMMARY COURTS-MARTIAL.

23 (a) CONVENING AUTHORITY.—Subsection (a) of sec24 tion 329 of title 32, United States Code, is amended—
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1 (1) by inserting ‘‘, if a National Guard officer,’’

2 after ‘‘the commanding officer’’; and

3 (2) by inserting after the first sentence the fol4 lowing new sentence: ‘‘Summary courts-martial may

5 also be convened by superior authority.’’.

6 (b) JURISDICTION.—Subsection (a) of such section is

7 further amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

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

10 ‘‘(2) A summary court-martial may not try a commis11 sioned officer.’’.

12 (c) PUNISHMENTS.—Subsection (b) of such section is

13 amended to read as follows:

14 ‘‘(b) A summary court-martial may sentence an ac15 cused, upon conviction, to any of the following punish16 ments:

17 ‘‘(1) A fine of not more than $200 for a single

18 offense.

19 ‘‘(2) Forfeiture of pay and allowances in an

20 amount of not more than $200 for a single offense,

21 but not to exceed two-thirds of one month’s pay.

22 ‘‘(3) Reduction to a lower grade.

23 ‘‘(4) Any combination of the punishments speci24 fied in paragraphs (1) through (3).’’.
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1 (d) CONSENT OF ACCUSED FOR SUMMARY COURT2 MARTIAL.—Such section is further amended by adding at

3 the end the following new subsection:

4 ‘‘(c) An accused with respect to whom summary

5 courts-martial have jurisdiction may not be brought to

6 trial before a summary court-martial if the accused objects

7 thereto. If an accused so objects to trial by summary

8 court-martial, the convening authority may order trial by

9 special or general court-martial, as may be appropriate.’’.

10 SEC. 535. REPEAL OF AUTHORITY FOR CONFINEMENT IN

11 LIEU OF FINE.

12 Section 330 of title 32, United States Code, is re13 pealed.

14 SEC. 536. APPROVAL OF SENTENCE OF BAD CONDUCT DIS15 CHARGE OR CONFINEMENT.

16 (a) IN GENERAL.—Section 331 of title 32, United

17 States Code, is amended by striking out ‘‘or dishonorable

18 discharge’’ and inserting in lieu thereof ‘‘, bad conduct

19 discharge, dishonorable discharge, or confinement for

20 three months or more’’.

21 (b) CONFORMING AMENDMENT.—The heading of

22 such section is amended to read as follows:
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1 ‘‘§ 331. Sentences requiring approval of governor’’.

2 SEC. 537. AUTHORITY OF MILITARY JUDGES.

3 Section 332 of title 32, United States Code, is

4 amended by inserting ‘‘or military judge’’ after ‘‘the presi5 dent’’.

6 SEC. 538. STATUTORY REORGANIZATION.

7 (a) NEW TITLE 32 CHAPTER.—(1) Title 32, United

8 States Code, is amended by inserting after section 325 the

9 following:

10 ‘‘CHAPTER 4—COURTS-MARTIAL FOR THE

11 NATIONAL GUARD WHEN NOT IN FED12 ERAL SERVICE

‘‘Sec.

‘‘401. Courts-martial: composition, jurisdiction, and procedures.

‘‘402. General courts-martial.

‘‘403. Special courts-martial.

‘‘404. Summary courts-martial.

‘‘405. Sentences requiring approval of governor.

‘‘406. Compelling attendance of accused and witnesses.

‘‘407. Execution of process and sentence.’’.

13 (2) The table of chapters at the beginning of such

14 title is amended by inserting after the item relating to

15 chapter 3 the following new item:

‘‘4. Courts-Martial for the National Guard When not in Federal Service 401’’.

16 (3) The table of sections at the beginning of chapter

17 3 of such title is amended by striking out the items relat18 ing to sections 326 through 333.
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1 (b) REDESIGNATION OF SECTIONS.—The following

2 sections of title 32, United States Code (as amended by

3 this subtitle), are redesignated as follows:

Section Redesignated section

326 .................................................................................... 401

327 .................................................................................... 402

328 .................................................................................... 403

329 .................................................................................... 404

331 .................................................................................... 405

332 .................................................................................... 406

333 .................................................................................... 407

4 (c) SECTION HEADINGS.—The headings for sections

5 401, 402, 403, and 404 of title 32, United States Code,

6 as redesignated by subsection (b), are amended by striking

7 out ‘‘of National Guard not in Federal service’’.

8 SEC. 539. EFFECTIVE DATE.

9 The amendments made by this subtitle shall take ef10 fect on the date of the enactment of this Act, except that

11 for an offense committed before that date the maximum

12 punishment shall be the maximum punishment in effect

13 at the time of the commission of the offense.

14 SEC. 540. CONFORMING AMENDMENTS TO UNIFORM CODE

15 OF MILITARY JUSTICE.

16 (a) ARTICLE 20.—Section 820 of title 10, United

17 States Code, is amended—

18 (1) by inserting ‘‘(a)’’ before ‘‘Subject to’’;

19 (2) by striking out the second and third sen20 tences and inserting in lieu thereof the following:
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1 ‘‘(b) An accused with respect to whom summary

2 courts-martial have jurisdiction may not be brought to

3 trial before a summary court-martial if the accused objects

4 thereto. If an accused so objects to trial by summary

5 court-martial, the convening authority may order trial by

6 special or general court-martial, as may be appropriate.’’;

7 and

8 (3) by designating as subsection (c) the sen9 tence beginning ‘‘Summary courts-martial may,’’.

10 (b) ARTICLE 54.—Section 854(c)(1) of such title is

11 amended by striking out ‘‘complete record of the proceed12 ings and testimony’’ and inserting in lieu thereof ‘‘ver13 batim record of the proceedings’’.

14 Subtitle D—Education and

15 Training Programs

16 SEC. 551. EXTENSION OF MAXIMUM AGE FOR APPOINT17 MENT AS A CADET OR MIDSHIPMAN IN THE

18 SENIOR RESERVE OFFICERS’ TRAINING

19 CORPS AND THE SERVICE ACADEMIES.

20 (a) SENIOR RESERVE OFFICERS’ TRAINING

21 CORPS.—Sections 2107(a) and 2107a(a) of title 10, Unit22 ed States Code, are amended—

23 (1) by striking out ‘‘25 years of age’’ and in24 serting in lieu thereof ‘‘27 years of age’’; and
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1 (2) by striking out ‘‘29 years of age’’ and in2 serting in lieu thereof ‘‘30 years of age’’.

3 (b) UNITED STATES MILITARY ACADEMY.—Section

4 4346(a) of such title is amended by striking out ‘‘twenty5 second birthday’’ and inserting in lieu thereof ‘‘twenty6 third birthday’’.

7 (c) UNITED STATES NAVAL ACADEMY.—Section

8 6958(a)(1) of such title is amended by striking out ‘‘twen9 ty-second birthday’’ and inserting in lieu thereof ‘‘twenty10 third birthday’’.

11 (d) UNITED STATES AIR FORCE ACADEMY.—Section

12 9346(a) of such title is amended by striking out ‘‘twenty13 second birthday’’ and inserting in lieu thereof ‘‘twenty14 third birthday’’.

15 SEC. 552. OVERSIGHT AND MANAGEMENT OF SENIOR RE16 SERVE OFFICERS’ TRAINING CORPS PRO17 GRAM.

18 (a) ENROLLMENT PRIORITY TO BE CONSISTENT

19 WITH PURPOSE OF PROGRAM.—(1) Section 2103 of title

20 10, United States Code, is amended by adding at the end

21 the following new subsection:

22 ‘‘(e) An educational institution at which a unit of the

23 program has been established shall give priority for enroll24 ment in the program to students who are eligible for ad25 vanced training under section 2104 of this title.’’.
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1 (2) Section 2109 of such title is amended by adding

2 at the end the following new subsection:

3 ‘‘(c)(1) A person who is not qualified for, and (as de4 termined by the Secretary concerned) will not be able to

5 become qualified for, advanced training by reason of one

6 or more of the requirements prescribed in paragraphs (1)

7 through (3) of section 2104(b) of this title shall not be

8 permitted to participate in—

9 ‘‘(A) field training or a practice cruise under

10 section 2106(b)(6) of this title; or

11 ‘‘(B) practical military training under sub12 section (a).

13 ‘‘(2) The Secretary of the military department con14 cerned may waive the limitation in paragraph (1) under

15 procedures prescribed by the Secretary.’’.

16 (b) WEAR OF THE MILITARY UNIFORM.—Section

17 772(h) of such title is amended by inserting before the

18 period at the end the following: ‘‘if the wear of such uni19 form is specifically authorized under regulations pre20 scribed by the Secretary of the military department con21 cerned’’.
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1 SEC. 553. ROTC SCHOLARSHIP STUDENT PARTICIPATION IN

2 SIMULTANEOUS MEMBERSHIP PROGRAM.

3 Section 2103 of title 10, United States Code, is

4 amended by adding after subsection (e), as added by sec5 tion 552, the following new subsection:

6 ‘‘(f) The Secretary of Defense shall ensure that, in

7 carrying out the program, the Secretaries of the military

8 departments permit any person who is receiving financial

9 assistance under section 2107 of this title simultaneously

10 to be a member of the Selected Reserve.’’.

11 SEC. 554. EXPANSION OF ROTC ADVANCED TRAINING PRO12 GRAM TO INCLUDE GRADUATE STUDENTS.

13 (a) IN GENERAL.—Section 2107(c) of title 10, Unit14 ed States Code, is amended by inserting before the last

15 sentence the following new sentence: ‘‘The Secretary of the

16 military department concerned may provide similar finan17 cial assistance to a student enrolled in an advanced edu18 cation program beyond the baccalaureate degree level if

19 the student also is a cadet or midshipman in an advanced

20 training program.’’.

21 (b) DEFINITIONAL CHANGE.—Paragraph (3) of sec22 tion 2101 of title 10, United States Code, is amended by

23 inserting ‘‘students enrolled in an advanced education pro24 gram beyond the baccalaureate degree level or to’’ after

25 ‘instruction offered in the Senior Reserve Officers’ Train26 ing Corps to’’.
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1 SEC. 555. RESERVE CREDIT FOR MEMBERS OF ARMED

2 FORCES HEALTH PROFESSIONS SCHOLAR3 SHIP AND FINANCIAL ASSISTANCE PROGRAM.

4 (a) SERVICE CREDIT.—Section 2126 of title 10,

5 United States Code, is amended—

6 (1) by striking out ‘‘Service performed’’ and in7 serting in lieu thereof ‘‘(a) GENERAL RULE AGAINST

8 PROVISION OF SERVICE CREDIT.—Except as pro9 vided in subsection (b), service performed’’; and

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

11 ‘‘(b) SERVICE CREDIT FOR CERTAIN PURPOSES.—

12 (1) This subsection applies with respect to a member of

13 the Selected Reserve who—

14 ‘‘(A) completed a course of study under this

15 subchapter as a member of the program;

16 ‘‘(B) completed the active duty obligation im17 posed under section 2123(a) of this title; and

18 ‘‘(C) possesses a specialty designated by the

19 Secretary concerned as critically needed in wartime.

20 ‘‘(2) Upon satisfactory completion of a year of service

21 in the Selected Reserve by a member of the Selected Re22 serve described in paragraph (1), the Secretary concerned

23 may credit the member with a maximum of 50 points cred24 itable toward the computation of the member’s years of

25 service under section 12732(a)(2) of this title for one year

26 of participation in a course of study under this subchapter.
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1 Not more than four years of participation in a course of

2 study under this subchapter may be considered under this

3 paragraph.

4 ‘‘(3) In the case of a member of the Selected Reserve

5 described in paragraph (1), the Secretary concerned may

6 also credit the service of the member while pursuing a

7 course of study under this subchapter, but not to exceed

8 a total of four years, for purposes of computing years of

9 service creditable under section 205 of title 37.

10 ‘‘(c) LIMITATIONS.—(1) A member of the Selected

11 Reserve relieved of any portion of the minimum active

12 duty obligation imposed under section 2123(a) of this title

13 may not receive any point or service credit under sub14 section (b).

15 ‘‘(2) A member of the Selected Reserve awarded

16 points or service credit under subsection (b) shall not be

17 considered to have been in an active status, by reason of

18 the award of the points or credit, while pursuing a course

19 of study under this subchapter for purposes of any provi20 sion of law other than section 12732(a)(2) of this title

21 and section 205 of title 37.’’.

22 (b) RETROACTIVITY BARRED.—A member of the Se23 lected Reserve is not entitled to any retroactive award or

24 increase in pay or allowances as a result of the amend25 ments made by subsection (a).
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to individuals receiving financial

3 assistance under section 2107 of title 10, United States

4 Code, after September 30, 1996.

5 SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION

6 BENEFITS TO INCLUDE CERTAIN RESERVE

7 OFFICERS’ TRAINING CORPS (ROTC) PARTICI8 PANTS.

9 (a) ACTIVE DUTY SERVICE.—Section 3011(c) of title

10 38, United States Code, is amended—

11 (1) by striking out ‘‘or upon completion of a

12 program of educational assistance under section

13 2107 of title 10’’ in paragraph (2); and

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

15 ‘‘(3) An individual who after December 31, 1976, re16 ceives a commission as an officer in the Armed Forces

17 upon completion of a program of educational assistance

18 under section 2107 of title 10 is not eligible for edu19 cational assistance under this section if the individual en20 ters on active duty—

21 ‘‘(A) before October 1, 1996; or

22 ‘‘(B) after September 30, 1996, and while par23 ticipating in such program received more than

24 $2,000 for each year of such participation.’’.
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1 (b) SELECTED RESERVE.—Section 3012(d) of title

2 38, United States Code, is amended—

3 (1) by striking out ‘‘or upon completion of a

4 program of educational assistance under section

5 2107 of title 10’’ in paragraph (2); and

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

7 ‘‘(3) An individual who after December 31, 1976, re8 ceives a commission as an officer in the Armed Forces

9 upon completion of a program of educational assistance

10 under section 2107 of title 10 is not eligible for edu11 cational assistance under this section if the individual en12 ters on active duty—

13 ‘‘(A) before October 1, 1996; or

14 ‘‘(B) after September 30, 1996, and while par15 ticipating in such program received more than

16 $2,000 for each year of such participation.’’.

17 SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND

18 POLICY IMPLICATIONS OF PERMITTING UP

19 TO FIVE PERCENT OF SERVICE ACADEMY

20 GRADUATES TO BE ASSIGNED DIRECTLY TO

21 RESERVE DUTY UPON GRADUATION.

22 (a) REPORT REQUIRED.—The Comptroller General

23 of the United States shall submit to the Committee on

24 Armed Services of the Senate and the Committee on Na25 tional Security of the House of Representatives a report
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1 providing an analysis of the cost implications, and the pol2 icy implications, of permitting up to 5 percent of each

3 graduating class of each of the service academies to be

4 placed, upon graduation and commissioning, in an active

5 status in the appropriate reserve component (without a

6 minimum period of obligated active duty service), with a

7 corresponding increase in the number of ROTC graduates

8 each year who are permitted to serve on active duty upon

9 commissioning.

10 (b) INFORMATION ON CURRENT ACADEMY GRAD11 UATES IN RESERVE COMPONENTS.—The Comptroller

12 General shall include in the report information (shown in

13 the aggregate and separately for each of the Armed Forces

14 and for graduates of each service academy) on—

15 (1) the number of academy graduates who at

16 the time of the report are serving in an active status

17 in a reserve component; and

18 (2) within the number under paragraph (1), the

19 number for each reserve component and, of those,

20 the number within each reserve component who are

21 on active duty under section 12301(d) of title 10,

22 United States Code, for the purpose of organizing,

23 administering, recruiting, instructing, or training the

24 reserve components.
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1 (c) SUBMISSION OF REPORT.—The report shall be

2 submitted not later than six months after the date of the

3 enactment of this Act.

4 (d) SERVICE ACADEMIES.—For purposes of this sec5 tion, the term ‘‘service academies’’ means—

6 (1) the United States Military Academy;

7 (2) the United States Naval Academy; and

8 (3) the United States Air Force Academy.

9 Subtitle E—Other Matters

10 SEC. 561. HATE CRIMES IN THE MILITARY.

11 (a) HUMAN RELATIONS TRAINING.—(1) The Sec12 retary of Defense shall ensure that the Secretary of each

13 military department conducts ongoing programs for

14 human relations training for all members of the Armed

15 Forces under the jurisdiction of the Secretary. Matters to

16 be covered by such training include race relations, equal

17 opportunity, opposition to gender discrimination, and sen18 sitivity to ‘‘hate group’’ activity. Such training shall be

19 provided during basic training (or other initial military

20 training) and on a regular basis thereafter.

21 (2) The Secretary of Defense shall also ensure that

22 unit commanders are aware of their responsibilities in en23 suring that impermissible activity based upon discrimina24 tory motives does not occur in units under their command.
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1 (b) INFORMATION TO BE PROVIDED TO PROSPEC2 TIVE RECRUITS.—The Secretary of Defense shall ensure

3 that each individual preparing to enter an officer accession

4 program or to execute an original enlistment agreement

5 is provided information concerning the meaning of the

6 oath of office or oath of enlistment for service in the

7 Armed Forces in terms of the equal protection and civil

8 liberties guarantees of the Constitution, and each such in9 dividual shall be informed that if supporting those guaran10 tees is not possible personally for that individual, then that

11 individual should decline to enter the Armed Forces.

12 (c) ANNUAL SURVEY.—(1) Section 451 of title 10,

13 United States Code, is amended to read as follows:

14 ‘‘§ 451. Race relations, gender discrimination, and

15 hate group activity: annual survey and

16 report

17 ‘‘(a) ANNUAL SURVEY.—The Secretary of Defense

18 shall carry out an annual survey to measure the state of

19 racial, ethnic, and gender issues and discrimination among

20 members of the armed forces serving on active duty and

21 the extent (if any) of activity among such members that

22 may be seen as so-called ‘hate group’ activity. The survey

23 shall solicit information on the race relations and gender

24 relations climate in the armed forces, including—
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1 ‘‘(1) indicators of positive and negative trends

2 of relations among all racial and ethnic groups and

3 between the sexes;

4 ‘‘(2) the effectiveness of Department of Defense

5 policies designed to improve race, ethnic, and gender

6 relations; and

7 ‘‘(3) the effectiveness of current processes for

8 complaints on and investigations into racial, ethnic,

9 and gender discrimination.

10 ‘‘(b) IMPLEMENTING ENTITY.—The Secretary shall

11 carry out each annual survey through the entity in the

12 Department of Defense known as the Armed Forces Sur13 vey on Race/Ethnic Issues.

14 ‘‘(c) REPORTS TO CONGRESS.—Upon completion of

15 biennial survey under subsection (a), the Secretary shall

16 submit to Congress a report containing the results of the

17 survey.’’.

18 (2) The item relating to such section in the table of

19 sections at the beginning of chapter 22 of such title is

20 amended to read as follows:

‘‘451. Race relations, gender discrimination, and hate group activity: annual survey and report.’’.
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1 SEC. 562. AUTHORITY OF A RESERVE JUDGE ADVOCATE TO

2 ACT AS A NOTARY PUBLIC.

3 (a) NOTARY PUBLIC AUTHORITY TO INCLUDE RE4 SERVE LAWYERS OF THE ARMED FORCES.—Section

5 1044a(b) of title 10, United States Code, is amended—

6 (1) in paragraph (1), by striking out ‘‘on active

7 duty or performing inactive-duty training’’ and in8 serting in lieu thereof ‘‘, including reserve judge ad9 vocates not on active duty’’;

10 (2) in paragraph (3), by striking out ‘‘adjutants

11 on active duty or performing inactive-duty training’’

12 and inserting in lieu thereof ‘‘adjutants, including

13 reserve members not on active duty’’; and

14 (3) in paragraph (4), by striking out ‘‘persons

15 on active duty or performing inactive-duty training’’

16 and inserting in lieu thereof ‘‘members of the armed

17 forces, including reserve members not on active

18 duty,’’.

19 (b) RATIFICATION OF PRIOR NOTARIAL ACTS.—Any

20 notarial act performed before the enactment of this Act,

21 the validity of which has not been challenged or negated

22 in a case pending before or decided by a court or adminis23 trative agency of competent jurisdiction, on or before the

24 date of the enactment of this Act, is hereby confirmed,

25 ratified, and approved with full effect as if such act was

26 performed after the enactment of this Act.
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1 SEC. 563. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO

2 PUBLIC HEALTH SERVICE OFFICERS.

3 (a) LEGAL ASSISTANCE AVAILABLE.—Subsection (a)

4 of section 1044 of title 10, United States Code, is amend5 ed by striking out paragraph (3) and inserting in lieu

6 thereof the following:

7 ‘‘(3) Officers of the commissioned corps of the

8 Public Health Service who are on active duty or en9 titled to retired or equivalent pay.

10 ‘‘(4) Dependents of members and former mem11 bers described in paragraphs (1), (2), and (3).’’.

12 (b) LIMITATION ON ASSISTANCE.—Subsection (c) of

13 such section is amended—

14 (1) by striking out ‘‘armed forces’’ and insert15 ing in lieu thereof ‘‘uniformed services described in

16 subsection (a)’’; and

17 (2) by inserting ‘‘such’’ after ‘‘dependent of’’.

18 (c) CLARIFYING AMENDMENTS.—Subsection (a) of

19 such section is further amended by striking out ‘‘under

20 his jurisdiction’’ in paragraphs (1) and (2).

21 (d) STYLISTIC AMENDMENTS.—Subsection (a) of

22 such section is further amended—

23 (1) in the matter preceding paragraph (1), by

24 striking out ‘‘to—’’ and inserting in lieu thereof ‘‘to

25 the following persons:’’;
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1 (2) by capitalizing the first letter of the first

2 word of paragraphs (1) and (2);

3 (3) by striking out the semicolon at the end of

4 paragraph (1) and inserting in lieu thereof a period;

5 and

6 (4) by striking out ‘‘; and’’ at the end of para7 graph (2) and inserting in lieu thereof a period.

8 SEC. 564. EXCEPTED APPOINTMENT OF CERTAIN JUDICIAL

9 NON-ATTORNEY STAFF IN THE UNITED

10 STATES COURT OF APPEALS FOR THE ARMED

11 FORCES.

12 Section 943(c) of title 10, United States Code, is

13 amended—

14 (1) in the heading for the subsection, by insert15 ing ‘‘AND CERTAIN OTHER’’ after ‘‘ATTORNEY’’; and

16 (2) in paragraph (1), by inserting ‘‘and non-at17 torney positions on the personal staff of a judge’’

18 after ‘‘Court of Appeals for the Armed Forces’’.

19 SEC. 565. REPLACEMENT OF CERTAIN AMERICAN THEATER

20 CAMPAIGN RIBBONS.

21 (a) REPLACEMENT RIBBONS.—The Secretary of the

22 Army, pursuant to section 3751 of title 10, United States

23 Code, may replace any World War II decoration known

24 as the American Theater Campaign Ribbon that was
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1 awarded to a person listed in the order described in sub2 section (b).

3 (b) RIBBONS PROPERLY AWARDED.—Any person

4 listed in the document titled ‘‘General Order Number 1’’,

5 issued by the Third Auxiliary Surgical Group, APO 647,

6 United States Army, dated February 1, 1943, shall be

7 considered to have been properly awarded the American

8 Theater Campaign Ribbon for service during World War

9 II.

10 SEC. 566. RESTORATION OF REGULATIONS PROHIBITING

11 SERVICE OF HOMOSEXUALS IN THE ARMED

12 FORCES.

13 (a) TERMINATION OF EXISTING ADMINISTRATIVE

14 POLICY.—Effective on the date of the enactment of this

15 Act, the following measures of the executive branch are

16 rescinded and shall cease to be effective:

17 (1) The memorandum of the Secretary of De18 fense to the Secretaries of the military departments

19 and the Chairman of the Joint Chiefs of Staff dated

20 July 19, 1993, that stated its subject to be: ‘‘Policy

21 on Homsexual Conduct in the Armed Forces’’.

22 (2) The four-page document entitled ‘‘Policy

23 Guidelines on Homsexual Conduct in the Armed

24 Forces’’ that was issued by the Secretary of Defense
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1 as an attachment to the memorandum referred to

2 in paragraph (1).

3 (3) The revisions to Department of Defense di4 rectives 1332.30, 1332.14, and 1304.26 that were

5 directed to be made by the General Counsel of the

6 Department of Defense by memorandum dated Feb7 ruary 28, 1994, to the Director of Administration

8 and Management of the Department of Defense.

9 (b) REINSTATEMENT OF FORMER REGULATIONS.—

10 Immediately upon the enactment of this Act and effective

11 as of the date of the enactment of this Act—

12 (1) the Secretary of Defense shall reinstate the

13 regulations (including Department of Defense direc14 tives) of the Department of Defense regarding serv15 ice of homosexuals in the Armed Forces that were

16 in effect on January 19, 1993; and

17 (2) the Secretary of each military department

18 shall reinstate the regulations of that military de19 partment regarding service of homosexuals in the

20 Armed Forces that were in effect on January 19,

21 1993.

22 (c) REVISION PROHIBITED.—The regulations (in23 cluding Department of Defense directives) reinstated pur24 suant to subsection (b), insofar as they relate to the serv25 ice of homosexuals in the Armed Forces, may not be re-
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1 vised except as specifically provided by a law enacted after

2 the enactment of this Act.

3 (d) RULE OF CONSTRUCTION.—In the case of a con4 flict between the regulations required to be prescribed by

5 subsection (b) and the provisions of section 654 of title

6 10, United States Code, or any other provision of law, the

7 requirements of such provision of law shall be given effect.

8 (e) RESTORATION OF QUESTIONING OF NEW EN9 TRANTS INTO MILITARY SERVICE.—(1) Not later than 90

10 days after the date of the enactment of this Act, the Sec11 retary of Defense shall issue instructions for the resump12 tion of questioning of potential new entrants into the

13 Armed Forces as to homosexuality in accordance with the

14 policy and practices of the Department of Defense as of

15 January 19, 1993 (as reinstated pursuant to subsection

16 (b)).

17 (2) Section 571(d) of the National Defense Author18 ization Act for Fiscal Year 1994 (Public Law 103–160;

19 107 Stat. 1673; 10 U.S.C. 654 note) is repealed.

20 SEC. 567. REENACTMENT AND MODIFICATION OF MANDA21 TORY SEPARATION FROM SERVICE FOR MEM22 BERS DIAGNOSED WITH HIV–1 VIRUS.

23 (a) REENACTMENT AND MODIFICATION.—(1) Chap24 ter 59 of title 10, United States Code, is amended by in25 serting after section 1176 the following:
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1 ‘‘§ 1177. Members infected with HIV–1 virus: manda2 tory discharge or retirement

3 ‘‘(a) MANDATORY SEPARATION.—(1) A member of

4 the Army, Navy, Air Force, or Marine Corps who is HIV5 positive and who on the date on which the medical deter6 mination is made that the member is HIV-positive has less

7 than 15 years of creditable service shall be separated.

8 Such separation shall be made on a date determined by

9 the Secretary concerned, which shall be as soon as prac10 ticable after the date on which the medical determination

11 is made that the member is HIV-positive and not later

12 than the last day of the second month beginning after such

13 date.

14 ‘‘(2) In determining the years of creditable service of

15 a member for purposes of paragraph (1)—

16 ‘‘(A) in the case of a member on active duty or

17 full-time National Guard duty, the member’s years

18 of creditable service are the number of years of serv19 ice of the member as computed for the purpose of

20 determining the member’s eligibility for retirement

21 under any provision of law (other than chapter 61

22 or 1223 of this title); and

23 ‘‘(B) in the case of a member in an active sta24 tus, the member’s years of creditable service are the

25 number of years of service creditable to the member

26 under section 12732 of this title.
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1 ‘‘(b) FORM OF SEPARATION.—The characterization

2 of the service of the member shall be determined without

3 regard to the determination that the member is HIV-posi4 tive.

5 ‘‘(c) SEPARATION TO BE CONSIDERED INVOLUN6 TARY.—A separation under this section shall be consid7 ered to be an involuntary separation for purposes of any

8 other provision of law.

9 ‘‘(d) COUNSELING ABOUT AVAILABLE MEDICAL

10 CARE.—A member to be separated under this section shall

11 be provided information, in writing, before such separation

12 of the available medical care (through the Department of

13 Veterans Affairs and otherwise) to treat the member’s

14 condition. Such information shall include identification of

15 specific medical locations near the member’s home of

16 record or point of discharge at which the member may

17 seek necessary medical care.

18 ‘‘(e) HIV-POSITIVE MEMBERS.—A member shall be

19 considered to be HIV-positive for purposes of this section

20 if there is serologic evidence that the member is infected

21 with the virus known as Human Immunodeficiency Virus–

22 1 (HIV–1), the virus most commonly associated with the

23 acquired immune deficiency syndrome (AIDS) in the Unit24 ed States. Such serologic evidence shall be considered to

25 exist if there is a reactive result given by an enzyme-linked
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1 immunosorbent assay (ELISA) serologic test that is con2 firmed by a reactive and diagnostic immunoelectrophoresis

3 test (Western blot) on two separate samples. Any such se4 rologic test must be one that is approved by the Food and

5 Drug Administration.’’.

6 (2) The table of sections at the beginning of chapter

7 59 of such title is amended by inserting after the item

8 relating to section 1176 the following new item:

‘‘1177. Members infected with HIV–1 virus: mandatory discharge or retirement.’’.

9 (b) EFFECTIVE DATE.—Section 1177 of title 10,

10 United States Code, as added by subsection (a), applies

11 with respect to members of the Army, Navy, Air Force,

12 and Marine Corps determined to be HIV-positive before,

13 on, or after the date of the enactment of this Act. In the

14 case of a member of the Army, Navy, Air Force, or Marine

15 Corps determined to be HIV-positive before such date, the

16 deadline for separation of the member under subsection

17 (a) of such section shall be determined from the date of

18 the enactment of this Act (rather than from the date of

19 such determination), except that no such member shall be

20 separated by reason of such section (without the consent

21 of the member) before October 1, 1996.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

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

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

6 adjustment required by section 1009 of title 37, United

7 States Code, in elements of compensation of members of

8 the uniformed services to become effective during fiscal

9 year 1997 shall not be made.

10 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

11 January 1, 1997, the rates of basic pay and basic allow12 ance for subsistence of members of the uniformed services

13 are increased by 3 percent.

14 (c) INCREASE IN BAQ.—Effective on January 1,

15 1997, the rates of basic allowance for quarters of members

16 of the uniformed services are increased by 4.6 percent.

17 SEC. 602. AVAILABILITY OF BASIC ALLOWANCE FOR QUAR18 TERS FOR CERTAIN MEMBERS WITHOUT DE19 PENDENTS WHO SERVE ON SEA DUTY.

20 (a) AVAILABILITY OF ALLOWANCE.—Section

21 403(c)(2) of title 37, United States Code, is amended—

22 (1) by striking out ‘‘A member’’ in the first

23 sentence and inserting in lieu thereof ‘‘(A) Except as

24 provided in subparagraph (B) or (C), a member’’;

25 (2) by striking out the second sentence; and
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1 (3) by adding at the end the following new sub2 paragraphs:

3 ‘‘(B) Under regulations prescribed by the Secretary

4 concerned, the Secretary may authorize the payment of

5 a basic allowance for quarters to a member of a uniformed

6 service under the jurisdiction of the Secretary when the

7 member is without dependents, is serving in pay grade E–

8 5, and is assigned to sea duty. In prescribing regulations

9 under this subparagraph, the Secretary concerned shall

10 consider the availability of quarters for members serving

11 in pay grade E–5.

12 ‘‘(C) Notwithstanding section 421 of this title, two

13 members of the uniformed services in a pay grade below

14 pay grade E–5 who are married to each other, have no

15 other dependents, and are simultaneously assigned to sea

16 duty are entitled to a single basic allowance for quarters

17 during the period of such simultaneous sea duty. The

18 amount of the allowance shall be based on the without de19 pendents rate for the pay grade of the senior member.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect on July 1, 1997.
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1 SEC. 603. ESTABLISHMENT OF MINIMUM MONTHLY

2 AMOUNT OF VARIABLE HOUSING ALLOW3 ANCE FOR HIGH HOUSING COST AREAS.

4 (a) MINIMUM MONTHLY AMOUNT OF ALLOWANCE.—

5 Subsection (c) of section 403a of title 37, United States

6 Code, is amended by striking out paragraph (1) and in7 serting in lieu thereof the following new paragraph:

8 ‘‘(1) The monthly amount of a variable housing allow9 ance under this section for a member of a uniformed serv10 ice with respect to an area is equal to the greater of the

11 following amounts:

12 ‘‘(A) An amount equal to the difference be13 tween—

14 ‘‘(i) the median monthly cost of housing in

15 that area for members of the uniformed services

16 serving in the same pay grade and with the

17 same dependency status as that member; and

18 ‘‘(ii) 80 percent of the median monthly

19 cost of housing in the United States for mem20 bers of the uniformed services serving in the

21 same pay grade and with the same dependency

22 status as that member.

23 ‘‘(B) An amount equal to the difference be24 tween—

25 ‘‘(i) the adequate housing allowance floor

26 determined by the Secretary of Defense for all
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1 members of the uniformed services in that area

2 entitled to a variable housing allowance under

3 this section; and

4 ‘‘(ii) the monthly basic allowance for quar5 ters for members of the uniformed services

6 serving in the same pay grade and with the

7 same dependency status as that member.’’.

8 (b) ADEQUATE HOUSING ALLOWANCE FLOOR.—

9 Such subsection is further amended by adding at the end

10 the following new paragraph:

11 ‘‘(7)(A) For purposes of paragraph (1)(B)(i), the

12 Secretary of Defense shall establish an adequate housing

13 allowance floor for members of the uniformed services in

14 an area as a selected percentage, not to exceed 85 percent,

15 of the cost of adequate housing in that area based on an

16 index of housing costs selected by the Secretary of Defense

17 from among the following:

18 ‘‘(i) The fair market rentals established annu19 ally by the Secretary of Housing and Urban Devel20 opment under section 8(c)(1) of the United States

21 Housing Act of 1937 (42 U.S.C. 1437f(c)(1)).

22 ‘‘(ii) An index developed in the private sector

23 that the Secretary of Defense determines is com24 parable to the fair market rentals referred to in
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1 clause (i) and is appropriate for use to determine

2 the adequate housing allowance floor.

3 ‘‘(B) The Secretary of Defense shall carry out this

4 paragraph in consultation with the Secretary of Transpor5 tation, the Secretary of Commerce, and the Secretary of

6 Health and Human Services.’’.

7 (c) EFFECT ON TOTAL AMOUNT AVAILABLE FOR AL8 LOWANCE.—Subsection (d)(3) of such section is amended

9 in the second sentence by striking out ‘‘the second sen10 tence of subsection (c)(3)’’ and inserting in lieu thereof

11 ‘‘paragraph (1)(B) of subsection (c) and the second sen12 tence of paragraph (3) of that subsection’’.

13 (d) CONFORMING AMENDMENTS.—Subsection (c) of

14 such section is further amended—

15 (1) in paragraph (3), by striking out ‘‘this sub16 section’’ in the first sentence and inserting lieu

17 thereof ‘‘paragraph (1)(A) or the minimum amount

18 of a variable housing allowance under paragraph

19 (1)(B)’’; and

20 (2) in paragraph (5), by inserting ‘‘or minimum

21 amount of a variable housing allowance’’ after ‘‘costs

22 of housing’’.

23 (e) EFFECTIVE DATE.—The amendments made by

24 this section shall take effect on January 1, 1997, except

25 that the Secretary of Defense may delay implementation
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1 of the requirements imposed by the amendments to such

2 later date as the Secretary considers appropriate upon

3 publication of notice to that effect in the Federal Register.

4 Subtitle B—Bonuses and Special

5 and Incentive Pays

6 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

7 FORCES.

8 (a) SELECTED RESERVE REENLISTMENT BONUS.—

9 Section 308b(f) of title 37, United States Code, is amend10 ed by striking out ‘‘September 30, 1997’’ and inserting

11 in lieu thereof ‘‘September 30, 1998’’.

12 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec13 tion 308c(e) of title 37, United States Code, is amended

14 by striking out ‘‘September 30, 1997’’ and inserting in

15 lieu thereof ‘‘September 30, 1998’’.

16 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec17 tion 308e(e) of title 37, United States Code, is amended

18 by striking out ‘‘September 30, 1997’’ and inserting in

19 lieu thereof ‘‘September 30, 1998’’.

20 (d) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of title 37, United States

22 Code, is amended by striking out ‘‘September 30, 1997’’

23 and inserting in lieu thereof ‘‘September 30, 1998’’.

24 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

25 308i(i) of title 37, United States Code, is amended by
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1 striking out ‘‘September 30, 1997’’ and inserting in lieu

2 thereof ‘‘September 30, 1998’’.

3 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

4 PAY FOR NURSE OFFICER CANDIDATES, REG5 ISTERED NURSES, AND NURSE ANES6 THETISTS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States

9 Code, is amended by striking out ‘‘September 30, 1997’’

10 and inserting in lieu thereof ‘‘September 30, 1998’’.

11 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

12 Section 302d(a)(1) of title 37, United States Code, is

13 amended by striking out ‘‘September 30, 1997’’ and in14 serting in lieu thereof ‘‘September 30, 1998’’.

15 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES16 THETISTS.—Section 302e(a)(1) of title 37, United States

17 Code, is amended by striking out ‘‘September 30, 1997’’

18 and inserting in lieu thereof ‘‘September 30, 1998’’.

19 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY20 MENT OF OTHER BONUSES AND SPECIAL

21 PAYS.

22 (a) AVIATION OFFICER RETENTION BONUS.—Sec23 tion 301b(a) of title 37, United States Code, is amended

24 by striking out ‘‘September 30, 1997’’ and inserting in

25 lieu thereof ‘‘September 30, 1998,’’.
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1 (b) SPECIAL PAY FOR HEALTH CARE PROFES2 SIONALS WHO SERVE IN THE SELECTED RESERVE IN

3 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

4 302g(f) of title 37, United States Code, is amended by

5 striking out ‘‘September 30, 1997’’ and inserting in lieu

6 thereof ‘‘September 30, 1998’’.

7 (c) REENLISTMENT BONUS FOR ACTIVE MEM8 BERS.—Section 308(g) of title 37, United States Code, is

9 amended by striking out ‘‘September 30, 1997’’ and in10 serting in lieu thereof ‘‘September 30, 1998’’.

11 (d) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

12 Sections 308a(c) and 308f(c) of title 37, United States

13 Code, are each amended by striking out ‘‘September 30,

14 1997’’ and inserting in lieu thereof ‘‘September 30,

15 1998’’.

16 (e) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

17 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI18 ORITY UNITS.—Section 308d(c) of title 37, United States

19 Code, is amended by striking out ‘‘September 30, 1997’’

20 and inserting in lieu thereof ‘‘September 30, 1998’’.

21 (f) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI22 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

23 312(e) of title 37, United States Code, is amended by

24 striking out ‘‘September 30, 1997’’ and inserting in lieu

25 thereof ‘‘September 30, 1998’’.
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1 (g) NUCLEAR CAREER ACCESSION BONUS.—Section

2 312b(c) of title 37, United States Code, is amended by

3 striking out ‘‘September 30, 1997’’ and inserting in lieu

4 thereof ‘‘September 30, 1998’’.

5 (h) NUCLEAR CAREER ANNUAL INCENTIVE

6 BONUS.—Section 312c(d) of title 37, United States Code,

7 is amended by striking out ‘‘October 1, 1997’’ and insert8 ing in lieu thereof ‘‘October 1, 1998’’.

9 (i) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

10 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

11 RESERVE.—Section 16302(d) of title 10, United States

12 Code, is amended by striking out ‘‘October 1, 1997’’ and

13 inserting in lieu thereof ‘‘October 1, 1998’’.

14 SEC. 614. SPECIAL INCENTIVES TO RECRUIT AND RETAIN

15 DENTAL OFFICERS.

16 (a) VARIABLE, ADDITIONAL, AND BOARD CERTIFIED

17 SPECIAL PAYS FOR ACTIVE DUTY DENTAL OFFICERS.—

18 Section 302b(a) of title 37, United States Code is amend19 ed—

20 (1) in paragraph (2)—

21 (A) in subparagraph (A), by striking out

22 ‘‘$1,200’’ and inserting in lieu thereof

23 ‘‘$3,000’’;
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1 (B) in subparagraph (B), by striking out

2 ‘‘$2,000’’ and inserting in lieu thereof

3 ‘‘$7,000’’; and

4 (C) in subparagraph (C), by striking out

5 ‘‘$4,000’’ and inserting in lieu thereof

6 ‘‘$7,000’’;

7 (2) in paragraph (4), by striking out subpara8 graphs (A), (B), and (C) and inserting in lieu there9 of the following:

10 ‘‘(A) $4,000 per year, if the officer has less

11 than three years of creditable service.

12 ‘‘(B) $6,000 per year, if the officer has at least

13 three but less than 14 years of creditable service.

14 ‘‘(C) $8,000 per year, if the officer has at least

15 14 but less than 18 years of creditable service.

16 ‘‘(D) $10,000 per year, if the officer has at

17 least 18 or more years of creditable service.’’; and

18 (3) in paragraph (5), by striking out subpara19 graphs (A), (B), and (C) and inserting in lieu there20 of the following:

21 ‘‘(A) $2,500 per year, if the officer has less

22 than 10 years of creditable service.

23 ‘‘(B) $3,500 per year, if the officer has at least

24 10 but less than 12 years of creditable service.
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1 ‘‘(C) $4,000 per year, if the officer has at least

2 12 but less than 14 years of creditable service.

3 ‘‘(D) $5,000 per year, if the officer has at least

4 14 but less than 18 years of creditable service.

5 ‘‘(E) $6,000 per year, if the officer has 18 or

6 more years of creditable service.’’.

7 (b) RESERVE DENTAL OFFICERS SPECIAL PAY.—

8 Section 302b of title 37, United States Code, is amended

9 by adding at the end the following new subsection:

10 ‘‘(h) RESERVE DENTAL OFFICERS SPECIAL PAY.—

11 (1) A reserve dental officer described in paragraph (2) is

12 entitled to special pay at the rate of $350 a month for

13 each month of active duty, including active duty in the

14 form of annual training, active duty for training, and ac15 tive duty for special work.

16 ‘‘(2) A reserve dental officer referred to in paragraph

17 (1) is a reserve officer who—

18 ‘‘(A) is an officer of the Dental Corps of the

19 Army or the Navy or an officer of the Air Force des20 ignated as a dental officer; and

21 ‘‘(B) is on active duty under a call or order to

22 active duty for a period of less than one year.’’.

23 (c) ACCESSION BONUS FOR DENTAL SCHOOL GRAD24 UATES WHO ENTER THE ARMED FORCES.—(1) Chapter
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1 5 of title 37, United States Code, is amended by inserting

2 after section 302g the following new section:

3 ‘‘§ 302h. Special pay: accession bonus for dental offi4 cers

5 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

6 who is a graduate of an accredited dental school and who,

7 during the period beginning on the date of the enactment

8 of this section, and ending on September 30, 2002, exe9 cutes a written agreement described in subsection (c) to

10 accept a commission as an officer of the armed forces and

11 remain on active duty for a period of not less than four

12 years may, upon the acceptance of the agreement by the

13 Secretary concerned, be paid an accession bonus in an

14 amount determined by the Secretary concerned.

15 ‘‘(2) The amount of an accession bonus under para16 graph (1) may not exceed $30,000.

17 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A

18 person may not be paid a bonus under subsection (a) if—

19 ‘‘(1) the person, in exchange for an agreement

20 to accept an appointment as an officer, received fi21 nancial assistance from the Department of Defense

22 to pursue a course of study in dentistry; or

23 ‘‘(2) the Secretary concerned determines that

24 the person is not qualified to become and remain

25 certified and licensed as a dentist.
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1 ‘‘(c) AGREEMENT.—The agreement referred to in

2 subsection (a) shall provide that, consistent with the needs

3 of the armed service concerned, the person executing the

4 agreement will be assigned to duty, for the period of obli5 gated service covered by the agreement, as an officer of

6 the Dental Corps of the Army or the Navy or an officer

7 of the Air Force designated as a dental officer.

8 ‘‘(d) REPAYMENT.—(1) An officer who receives a

9 payment under subsection (a) and who fails to become and

10 remain certified or licensed as a dentist during the period

11 for which the payment is made shall refund to the United

12 States an amount equal to the full amount of such pay13 ment.

14 ‘‘(2) An officer who voluntarily terminates service on

15 active duty before the end of the period agreed to be

16 served under subsection (a) shall refund to the United

17 States an amount that bears the same ratio to the amount

18 paid to the officer as the unserved part of such period

19 bears to the total period agreed to be served.

20 ‘‘(3) An obligation to reimburse the United States

21 imposed under paragraph (1) or (2) is for all purposes

22 a debt owed to the United States.

23 ‘‘(4) A discharge in bankruptcy under title 11 that

24 is entered less than five years after the termination of an

25 agreement under this section does not discharge the per-
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1 son signing such agreement from a debt arising under

2 such agreement or this subsection. This paragraph applies

3 to any case commenced under title 11 after the date of

4 the enactment of this section.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by inserting after the item relating

7 to section 302g the following new item:

‘‘302h. Special pay: accession bonus for dental officers.’’.

8 (3) Section 303a of title 37, United States Code, is

9 amended by striking out ‘‘302g’’ each place it appears and

10 inserting in lieu thereof ‘‘302h’’.

11 (d) REPORT ON ADDITIONAL ACTIVITIES TO IN12 CREASE RECRUITMENT OF DENTISTS.—Not later than

13 April 1, 1997, the Secretary of Defense shall submit to

14 Congress a report describing the feasibility of increasing

15 the number of persons enrolled in the Armed Forces

16 Health Professions Scholarship and Financial Assistance

17 program who are pursuing a course of study in dentistry

18 in anticipation of service as an officer of the Dental Corps

19 of the Army or the Navy or an officer of the Air Force

20 designated as a dental officer.

21 (e) STYLISTIC AMENDMENTS.—Section 302b of title

22 37, United States Code, is amended—

23 (1) in subsection (a), by inserting ‘‘VARIABLE,

24 ADDITIONAL, AND BOARD CERTIFICATION SPECIAL

25 PAY.—’’ after ‘‘(a)’’;
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1 (2) in subsection (b), by inserting ‘‘ACTIVE2 DUTY AGREEMENT.—’’ after ‘‘(b)’’;

3 (3) in subsection (c), by inserting ‘‘REGULA4 TIONS.—’’ after ‘‘(c)’’;

5 (4) in subsection (d), by inserting ‘‘FREQUENCY

6 OF PAYMENTS.—’’ after ‘‘(d)’’;

7 (5) in subsection (e), by inserting ‘‘REFUND

8 FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—

9 ’’ after ‘‘(e)’’;

10 (6) in subsection (f), by inserting ‘‘EFFECT OF

11 DISCHARGE IN BANKRUPTCY.—’’ after ‘‘(f)’’; and

12 (7) in subsection (g), by inserting ‘‘DETER13 MINATION OF CREDITABLE SERVICE.—’’ after

14 ‘‘(g)’’.

15 Subtitle C—Travel and

16 Transportation Allowances

17 SEC. 621. TEMPORARY LODGING EXPENSES OF MEMBER IN

18 CONNECTION WITH FIRST PERMANENT

19 CHANGE OF STATION.

20 (a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—

21 Section 404a(a) of title 37, United States Code, is amend22 ed—

23 (1) by striking out ‘‘or’’ at the end of para24 graph (1);
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1 (2) in paragraph (2), by inserting ‘‘or’’ after

2 ‘‘Alaska;’’; and

3 (3) by inserting after paragraph (2) the follow4 ing new paragraph:

5 ‘‘(3) from home of record or initial technical

6 school to first duty station;’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall take effect on January 1, 1997.

9 SEC. 622. ALLOWANCE IN CONNECTION WITH SHIPPING

10 MOTOR VEHICLE AT GOVERNMENT EXPENSE.

11 (a) ALLOWANCE AUTHORIZED.—Section

12 406(b)(1)(B) of title 37, United States Code, is amended

13 by adding at the end the following: ‘‘If clause (i)(I) applies

14 to the transportation by the member of a motor vehicle

15 from the old duty station, the monetary allowance under

16 this subparagraph shall also cover return travel to the old

17 duty station by the member or other person transporting

18 the vehicle. In the case of transportation described in

19 clause (ii), the monetary allowance shall also cover travel

20 from the new duty station to the port of debarkation to

21 pick up the vehicle.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on January 1, 1997.
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1 SEC. 623. DISLOCATION ALLOWANCE AT A RATE EQUAL TO

2 TWO AND ONE-HALF MONTHS BASIC ALLOW3 ANCE FOR QUARTERS.

4 (a) Section 407(a) of title 37, United States Code,

5 is amended in the matter preceding the paragraphs by

6 striking out ‘‘two months’’ and inserting in lieu thereof

7 ‘‘two and one-half months’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall take effect on January 1, 1997.

10 SEC. 624. ALLOWANCE FOR TRAVEL PERFORMED IN CON11 NECTION WITH LEAVE BETWEEN CONSECU12 TIVE OVERSEAS TOURS.

13 (a) ADDITIONAL DEFERRAL.—Section 411b(a)(2) of

14 title 37, United States Code, is amended by adding at the

15 end the following: ‘‘If the member is unable to undertake

16 the travel before the end of such one-year period as a re17 sult of the participation of the member in a critical oper18 ational mission, as determined by the Secretary concerned,

19 the member may defer the travel, under the regulations

20 referred to in paragraph (1), for a period not to exceed

21 one year after the date on which the member’s participa22 tion in the critical operational mission ends.’’.

23 (b) APPLICATION OF AMENDMENT.—The amendment

24 made by subsection (a) shall apply to members of the uni25 formed services participating, on or after November 1,
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1 1995, in critical operational missions designated by the

2 Secretary of Defense.

3 Subtitle D—Retired Pay, Survivior

4 Benefits, and Related Matters

5 SEC. 631. INCREASE IN ANNUAL LIMIT ON DAYS OF INAC6 TIVE DUTY TRAINING CREDITABLE TOWARDS

7 RESERVE RETIREMENT.

8 (a) INCREASE IN LIMIT.—Section 12733(3) is

9 amended by inserting before the period at the end the fol10 lowing: ‘‘before the year in which the date of the enact11 ment of the National Defense Authorization Act for Fiscal

12 Year 1997 occurs and not more than 75 days in any sub13 sequent year’’.

14 (b) TRACKING SYSTEM FOR AWARD OF RETIREMENT

15 POINTS.—To better enable the Secretary of Defense and

16 Congress to assess the cost and the effect on readiness

17 of the amendment made by subsection (a) and of other

18 potential changes to the Reserve retirement system under

19 chapter 1223 of title 10, United States Code, the Sec20 retary of Defense shall require the Secretary of each mili21 tary department to implement a system to monitor the

22 award of retirement points for purposes of that chapter

23 by categories in accordance with the recommendation set

24 forth in the August 1988 report of the Sixth Quadrennial

25 Review of Military Compensation.
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1 (c) RECOMMENDATIONS TO CONGRESS.—The Sec2 retary shall submit to Congress, not later than one year

3 after the date of the enactment of this Act, the rec4 ommendations of the Secretary with regard to the adop5 tion of the following Reserve retirement initiatives rec6 ommended in the August 1988 report of the Sixth Quad7 rennial Review of Military Compensation:

8 (1) Elimination of membership points under

9 subparagraph (C) of section 12732(a)(2) of title 10,

10 United States Code, in conjunction with a decrease

11 from 50 to 35 in the number of points required for

12 a satisfactory year under that section.

13 (2) Limitation to 60 in any year on the number

14 of points that may be credited under subparagraph

15 (B) of section 12732(a)(2) of such title at two

16 points per day.

17 (3) Limitation to 360 in any year on the total

18 number of retirement points countable for purposes

19 of section 12733 of such title.

20 SEC. 632. AUTHORITY FOR RETIREMENT IN GRADE IN

21 WHICH A MEMBER HAS BEEN SELECTED FOR

22 PROMOTION WHEN A PHYSICAL DISABILITY

23 INTERVENES.

24 Section 1372 of title 10, United States Code, is

25 amended by striking out ‘‘his physical examination for
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1 promotion’’ in paragraphs (3) and (4) and inserting in lieu

2 thereof ‘‘a physical examination’’.

3 SEC. 633. ELIGIBILITY FOR RESERVE DISABILITY RETIRE4 MENT FOR RESERVES INJURED WHILE AWAY

5 FROM HOME OVERNIGHT FOR INACTIVE6 DUTY TRAINING.

7 Section 1204(2) of title 10, United States Code, is

8 amended by inserting before the semicolon at the end the

9 following: ‘‘or is incurred in line of duty while remaining

10 overnight, between successive periods of inactive-duty

11 training, at or in the vicinity of the site of the inactive12 duty training, if the site is outside reasonable commuting

13 distance from the member’s residence’’.

14 SEC. 634. RETIREMENT OF RESERVE ENLISTED MEMBERS

15 WHO QUALIFY FOR ACTIVE DUTY RETIRE16 MENT AFTER ADMINISTRATIVE REDUCTION

17 IN ENLISTED GRADE.

18 (a) ARMY.—(1) Chapter 369 of title 10, United

19 States Code, is amended by inserting after section 3962

20 the following new section:

21 ‘‘§ 3963. Highest grade held satisfactorily: Reserve en22 listed members reduced in grade not as a

23 result of the member’s misconduct

24 ‘‘(a) A Reserve enlisted member of the Army de25 scribed in subsection (b) who is retired under section 3914
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1 of this title shall be retired in the highest enlisted grade

2 in which the member served on active duty satisfactorily

3 (or, in the case of a member of the National Guard, in

4 which the member served on full-time duty satisfactorily),

5 as determined by the Secretary of the Army.

6 ‘‘(b) This section applies to a Reserve enlisted mem7 ber who—

8 ‘‘(1) at the time of retirement is serving on ac9 tive duty (or, in the case of a member of the Na10 tional Guard, on full-time National Guard duty) in

11 a grade lower than the highest enlisted grade held

12 by the member while on active duty (or full-time Na13 tional Guard duty); and

14 ‘‘(2) was previously administratively reduced in

15 grade not as a result of the member’s own mis16 conduct, as determined by the Secretary of the

17 Army.

18 ‘‘(c) This section applies with respect to Reserve en19 listed members who are retired under section 3914 of this

20 title after September 30, 1996.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by inserting after the item relating

23 to section 3962 the following new item:

‘‘3963. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.
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1 (b) NAVY AND MARINE CORPS.—(1) Chapter 571 of

2 title 10, United States Code, is amended by adding at the

3 end the following new section:

4 ‘‘§ 6336. Highest grade held satisfactorily: Reserve en5 listed members reduced in grade not as a

6 result of the member’s misconduct

7 ‘‘(a) A member of the Naval Reserve or Marine Corps

8 Reserve described in subsection (b) who is transferred to

9 the Fleet Reserve or the Fleet Marine Corps Reserve

10 under section 6330 of this title shall be transferred in the

11 highest enlisted grade in which the member served on ac12 tive duty satisfactorily, as determined by the Secretary of

13 the Navy.

14 ‘‘(b) This section applies to a Reserve enlisted mem15 ber who—

16 ‘‘(1) at the time of transfer to the Fleet Re17 serve or Fleet Marine Corps Reserve is serving on

18 active duty in a grade lower than the highest en19 listed grade held by the member while on active

20 duty; and

21 ‘‘(2) was previously administratively reduced in

22 grade not as a result of the member’s own mis23 conduct, as determined by the Secretary of the

24 Navy.
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1 ‘‘(c) This section applies with respect to enlisted

2 members of the Naval Reserve and Marine Corps Reserve

3 who are transferred to the Fleet Reserve or the Fleet Ma4 rine Corps Reserve after September 30, 1996.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by adding at the end the following

7 new item:

‘‘6336. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.

8 (c) AIR FORCE.—(1) Chapter 869 of title 10, United

9 States Code, is amended by inserting after section 8962

10 the following new section:

11 ‘‘§ 8963. Highest grade held satisfactorily: Reserve en12 listed members reduced in grade not as a

13 result of the member’s misconduct

14 ‘‘(a) A Reserve enlisted member of the Air Force de15 scribed in subsection (b) who is retired under section 8914

16 of this title shall be retired in the highest enlisted grade

17 in which the member served on active duty satisfactorily

18 (or, in the case of a member of the National Guard, in

19 which the member served on full-time duty satisfactorily),

20 as determined by the Secretary of the Air Force.

21 ‘‘(b) This section applies to a Reserve enlisted mem22 ber who—

23 ‘‘(1) at the time of retirement is serving on ac24 tive duty (or, in the case of a member of the Na-
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1 tional Guard, on full-time National Guard duty) in

2 a grade lower than the highest enlisted grade held

3 by the member while on active duty (or full-time Na4 tional Guard duty); and

5 ‘‘(2) was previously administratively reduced in

6 grade not as a result of the member’s own mis7 conduct, as determined by the Secretary of the Air

8 Force.

9 ‘‘(c) This section applies with respect to Reserve en10 listed members who are retired under section 8914 of this

11 title after September 30, 1996.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by inserting after the item relating

14 to section 8962 the following new item:

‘‘8963. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.

15 (d) COMPUTATION OF RETIRED AND RETAINER PAY

16 BASED UPON RETIRED GRADE.—(1) Section 3991 of

17 such title is amended by adding at the end the following

18 new subsection:

19 ‘‘(c) SPECIAL RULE FOR RETIRED RESERVE EN20 LISTED MEMBERS COVERED BY SECTION 3963.—In the

21 case of a Reserve enlisted member retired under section

22 3914 of this title whose retired grade is determined under

23 section 3963 of this title and who first became a member

24 of a uniformed service before October 1, 1980, the retired
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1 pay base of the member (notwithstanding section

2 1406(a)(1) of this title) is the amount of the monthly basic

3 pay of the member’s retired grade (determined based upon

4 the rates of basic pay applicable on the date of the mem5 ber’s retirement), and that amount shall be used for the

6 purposes of subsection (a)(1)(A) rather than the amount

7 computed under section 1406(c) of this title.’’.

8 (2) Section 6333 of such title is amended by adding

9 at the end the following new subsection:

10 ‘‘(c) In the case of a Reserve enlisted member whose

11 grade upon transfer to the Fleet Reserve or Fleet Marine

12 Corps Reserve is determined under section 6336 of this

13 title and who first became a member of a uniformed serv14 ice before October 1, 1980, the retainer pay base of the

15 member (notwithstanding section 1406(a)(1) of this title)

16 is the amount of the monthly basic pay of the grade in

17 which the member is so transferred (determined based

18 upon the rates of basic pay applicable on the date of the

19 member’s transfer), and that amount shall be used for the

20 purposes of the table in subsection (a) rather than the

21 amount computed under section 1406(d) of this title.’’.

22 (3) Section 8991 of such title is amended by adding

23 at the end the following new subsection:

24 ‘‘(c) SPECIAL RULE FOR RETIRED RESERVE EN25 LISTED MEMBERS COVERED BY SECTION 8963.—In the
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1 case of a Reserve enlisted member retired under section

2 8914 of this title whose retired grade is determined under

3 section 8963 of this title and who first became a member

4 of a uniformed service before October 1, 1980, the retired

5 pay base of the member (notwithstanding section

6 1406(a)(1) of this title) is the amount of the monthly basic

7 pay of the member’s retired grade (determined based upon

8 the rates of basic pay applicable on the date of the mem9 ber’s retirement), and that amount shall be used for the

10 purposes of subsection (a)(1)(A) rather than the amount

11 computed under section 1406(e) of this title.’’.

12 SEC. 635. CLARIFICATION OF INITIAL COMPUTATION OF

13 RETIREE COLAS AFTER RETIREMENT.

14 (a) IN GENERAL.—Section 1401a of title 10, United

15 States Code, is amended by striking out subsections (c)

16 and (d) and inserting in lieu thereof the following new sub17 sections:

18 ‘‘(c) FIRST COLA ADJUSTMENT FOR MEMBERS

19 WITH RETIRED PAY COMPUTED USING FINAL BASIC

20 PAY.—

21 ‘‘(1) FIRST ADJUSTMENT WITH INTERVENING

22 INCREASE IN BASIC PAY.—Notwithstanding sub23 section (b), if a person described in paragraph (3)

24 becomes entitled to retired pay based on rates of

25 monthly basic pay that became effective after the
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1 last day of the calendar quarter of the base index,

2 the retired pay of the member or former member

3 shall be increased on the effective date of the next

4 adjustment of retired pay under subsection (b) only

5 by the percent (adjusted to the nearest one-tenth of

6 1 percent) by which—

7 ‘‘(A) the price index for the base quarter

8 of that year, exceeds

9 ‘‘(B) the price index for the calendar quar10 ter immediately before the calendar quarter in

11 which the rates of monthly basic pay on which

12 the retired pay is based became effective.

13 ‘‘(2) FIRST ADJUSTMENT WITH NO INTERVEN14 ING INCREASE IN BASIC PAY.—If a person described

15 in paragraph (3) becomes entitled to retired pay on

16 or after the effective date of an adjustment in re17 tired pay under subsection (b) but before the effec18 tive date of the next increase in the rates of monthly

19 basic pay, the retired pay of the member or former

20 member shall be increased, effective on the date the

21 member becomes entitled to that pay, by the percent

22 (adjusted to the nearest one-tenth of 1 percent) by

23 which—

24 ‘‘(A) the base index, exceeds
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1 ‘‘(B) the price index for the calendar quar2 ter immediately before the calendar quarter in

3 which the rates of monthly basic pay on which

4 the retired pay is based became effective.

5 ‘‘(3) MEMBERS COVERED.—Paragraphs (1) and

6 (2) apply to a member or former member of an

7 armed force who first became a member of a uni8 formed service before August 1, 1986, and whose re9 tired pay base is determined under section 1406 of

10 this title.

11 ‘‘(d) FIRST COLA ADJUSTMENT FOR MEMBERS

12 WITH RETIRED PAY COMPUTED USING HIGH-THREE.—

13 Notwithstanding subsection (b), the retired pay of a mem14 ber or former member of an armed force who first became

15 a member of a uniformed service before August 1, 1986,

16 and whose retired pay base is determined under section

17 1407 of this title shall be increased on the effective date

18 of the first adjustment of retired pay under subsection (b)

19 after the member or former member becomes entitled to

20 retired pay by the percent (adjusted to the nearest one21 tenth of 1 percent) equal to the difference between the

22 percent by which—

23 ‘‘(1) the price index for the base quarter of that

24 year, exceeds
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1 ‘‘(2) the price index for the calendar quarter

2 immediately before the calendar quarter during

3 which the member became entitled to retired pay.’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall apply only to adjustments of retired

6 and retainer pay effective after the date of the enactment

7 of this Act.

8 SEC. 636. TECHNICAL CORRECTION TO PRIOR AUTHORITY

9 FOR PAYMENT OF BACK PAY TO CERTAIN

10 PERSONS.

11 Section 634 of the National Defense Authorization

12 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

13 366) is amended—

14 (1) in subsection (b)(1), by striking out ‘‘Island

15 of Bataan’’ and inserting in lieu thereof ‘‘peninsula

16 of Bataan or island of Corregidor’’; and

17 (2) in subsection (c), by inserting after the first

18 sentence the following: ‘‘For the purposes of this

19 subsection, the Secretary of War shall be deemed to

20 have determined that conditions in the Philippines

21 during the specified period justified payment under

22 applicable regulations of quarters and subsistence al23 lowances at the maximum special rate for duty

24 where emergency conditions existed.’’.
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1 SEC. 637. AMENDMENTS TO THE UNIFORMED SERVICES

2 FORMER SPOUSES’ PROTECTION ACT.

3 (a) MANNER OF SERVICE OF PROCESS.—Subsection

4 (b)(1)(A) of section 1408 of title 10, United States Code,

5 is amended by striking out ‘‘certified or registered mail,

6 return receipt requested’’ and inserting in lieu thereof

7 ‘‘facsimile or electronic transmission or by mail’’.

8 (b) SUBSEQUENT COURT ORDER FROM ANOTHER

9 STATE.—Subsection (d) of such section is amended by

10 adding at the end the following new paragraph:

11 ‘‘(6)(A) The Secretary concerned may not accept

12 service of a court order that is an out-of State modifica13 tion, or comply with the provisions of such a court order,

14 unless the court issuing that order has jurisdiction in the

15 manner specified in subsection (c)(4) over both the mem16 ber and the spouse or former spouse involved.

17 ‘‘(B) A court order shall be considered to be an out18 of-State modification for purposes of this paragraph if the

19 order—

20 ‘‘(i) modifies a previous court order under this

21 section upon which payments under this subsection

22 are based; and

23 ‘‘(ii) is issued by a court of a State other than

24 the State of the court that issued the previous court

25 order.’’.
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1 SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED

2 MINIMUM INCOME WIDOWS.

3 (a) PAYMENTS TO BE MADE BY SECRETARY OF VET4 ERANS AFFAIRS.—Section 4 of Public Law 92–425 (10

5 U.S.C. 1448 note) is amended by adding at the end the

6 following new subsection:

7 ‘‘(e)(1) Payment of annuities under this section shall

8 be made by the Secretary of Veterans Affairs. If appro9 priate for administrative convenience (or otherwise deter10 mined appropriate by the Secretary of Veterans Affairs),

11 that Secretary may combine a payment to any person for

12 any month under this section with any other payment for

13 that month under laws administered by the Secretary so

14 as to provide that person with a single payment for that

15 month.

16 ‘‘(2) The Secretary concerned shall annually transfer

17 to the Secretary of Veterans Affairs such amounts as may

18 be necessary for payments by the Secretary of Veterans

19 Affairs under this section and for costs of the Secretary

20 of Veterans Affairs in administering this section. Such

21 transfers shall be made from amounts that would other22 wise be used for payment of annuities by the Secretary

23 concerned under this section. The authority to make such

24 a transfer is in addition to any other authority of the Sec25 retary concerned to transfer funds for a purpose other

26 than the purpose for which the funds were originally made
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1 available. In the case of a transfer by the Secretary of

2 a military department, the provisions of section 2215 of

3 this title do not apply.

4 ‘‘(3) The Secretary concerned shall promptly notify

5 the Secretary of Veterans Affairs of any change in bene6 ficiaries under this section.’’.

7 (b) EFFECTIVE DATE.—Subsection (e) of section 4

8 of Public Law 92–425, as added by subsection (a), shall

9 apply with respect to payments of benefits for any month

10 after June 1997.

11 SEC. 639. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR

12 BENEFIT PLAN STATUTE.

13 Subchapter II of chapter 73 of title 10, United States

14 Code, is amended to read as follows:

15 ‘‘SUBCHAPTER II—SURVIVOR BENEFIT PLAN

‘‘Sec.

‘‘1447. Definitions.

‘‘1448. Application of Plan.

‘‘1449. Mental incompetency of member.

‘‘1450. Payment of annuity: beneficiaries.

‘‘1451. Amount of annuity.

‘‘1452. Reduction in retired pay.

‘‘1453. Recovery of amounts erroneously paid.

‘‘1454. Correction of administrative errors.

‘‘1455. Regulations.

16 ‘‘§ 1447. Definitions

17 ‘‘In this subchapter:

18 ‘‘(1) PLAN.—The term ‘Plan’ means the Survi19 vor Benefit Plan established by this subchapter.
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1 ‘‘(2) STANDARD ANNUITY.—The term ‘standard

2 annuity’ means an annuity provided by virtue of eli3 gibility under section 1448(a)(1)(A) of this title.

4 ‘‘(3) RESERVE-COMPONENT ANNUITY.—The

5 term ‘reserve-component annuity’ means an annuity

6 provided by virtue of eligibility under section

7 1448(a)(1)(B) of this title.

8 ‘‘(4) RETIRED PAY.—The term ‘retired pay’ in9 cludes retainer pay paid under section 6330 of this

10 title.

11 ‘‘(5) RESERVE-COMPONENT RETIRED PAY.—

12 The term ‘reserve-component retired pay’ means re13 tired pay under chapter 1223 of this title (or under

14 chapter 67 of this title as in effect before the effec15 tive date of the Reserve Officer Personnel Manage16 ment Act).

17 ‘‘(6) BASE AMOUNT.—The term ‘base amount’

18 means the following:

19 ‘‘(A) FULL AMOUNT UNDER STANDARD

20 ANNUITY.—In the case of a person who dies

21 after becoming entitled to retired pay, such

22 term means the amount of monthly retired pay

23 (determined without regard to any reduction

24 under section 1409(b)(2) of this title) to which

25 the person—
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1 ‘‘(i) was entitled when he became eli2 gible for that pay; or

3 ‘‘(ii) later became entitled by being

4 advanced on the retired list, performing ac5 tive duty, or being transferred from the

6 temporary disability retired list to the per7 manent disability retired list.

8 ‘‘(B) FULL AMOUNT UNDER RESERVE9 COMPONENT ANNUITY.—In the case of a person

10 who would have become eligible for reserve-com11 ponent retired pay but for the fact that he died

12 before becoming 60 years of age, such term

13 means the amount of monthly retired pay for

14 which the person would have been eligible—

15 ‘‘(i) if he had been 60 years of age on

16 the date of his death, for purposes of an

17 annuity to become effective on the day

18 after his death in accordance with a des19 ignation made under section 1448(e) of

20 this title.

21 ‘‘(ii) upon becoming 60 years of age

22 (if he had lived to that age), for purposes

23 of an annuity to become effective on the

24 60th anniversary of his birth in accordance
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1 with a designation made under section

2 1448(e) of this title.

3 ‘‘(C) REDUCED AMOUNT.—Such term

4 means any amount less than the amount other5 wise applicable under subparagraph (A) or (B)

6 with respect to an annuity provided under the

7 Plan but which is not less than $300 and which

8 is designated by the person (with the concur9 rence of the person’s spouse, if required under

10 section 1448(a)(3) of this title) providing the

11 annuity on or before—

12 ‘‘(i) the first day for which he be13 comes eligible for retired pay, in the case

14 of a person providing a standard annuity,

15 or

16 ‘‘(ii) the end of the 90-day period be17 ginning on the date on which he receives

18 the notification required by section

19 12731(d) of this title that he has com20 pleted the years of service required for eli21 gibility for reserve-component retired pay,

22 in the case of a person providing a reserve23 component annuity.

24 ‘‘(7) WIDOW.—The term ‘widow’ means the

25 surviving wife of a person who, if not married to the
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1 person at the time he became eligible for retired

2 pay—

3 ‘‘(A) was married to the person for at least

4 one year immediately before the person’s death;

5 or

6 ‘‘(B) is the mother of issue by that mar7 riage.

8 ‘‘(8) WIDOWER.—The term ‘widower’ means

9 the surviving husband of a person who, if not mar10 ried to the person at the time she became eligible for

11 retired pay—

12 ‘‘(A) was married to her for at least one

13 year immediately before her death; or

14 ‘‘(B) is the father of issue by that mar15 riage.

16 ‘‘(9) SURVIVING SPOUSE.—The term ‘surviving

17 spouse’ means a widow or widower.

18 ‘‘(10) FORMER SPOUSE.—The term ‘former

19 spouse’ means the surviving former husband or wife

20 of a person who is eligible to participate in the Plan.

21 ‘‘(11) DEPENDENT CHILD.—

22 ‘‘(A) IN GENERAL.—The term ‘dependent

23 child’ means a person who—

24 ‘‘(i) is unmarried;
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1 ‘‘(ii) is (I) under 18 years of age, (II)

2 at least 18, but under 22, years of age and

3 pursuing a full-time course of study or

4 training in a high school, trade school,

5 technical or vocational institute, junior col6 lege, college, university, or comparable rec7 ognized educational institution, or (III) in8 capable of self support because of a mental

9 or physical incapacity existing before the

10 person’s eighteenth birthday or incurred on

11 or after that birthday, but before the per12 son’s twenty-second birthday, while pursu13 ing such a full-time course of study or

14 training; and

15 ‘‘(iii) is the child of a person to whom

16 the Plan applies, including (I) an adopted

17 child, and (II) a stepchild, foster child, or

18 recognized natural child who lived with

19 that person in a regular parent-child rela20 tionship.

21 ‘‘(B) SPECIAL RULES FOR COLLEGE STU22 DENTS.—For the purpose of subparagraph (A),

23 a child whose twenty-second birthday occurs be24 fore July 1 or after August 31 of a calendar

25 year, and while regularly pursuing such a
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1 course of study or training, is considered to

2 have become 22 years of age on the first day

3 of July after that birthday. A child who is a

4 student is considered not to have ceased to be

5 a student during an interim between school

6 years if the interim is not more than 150 days

7 and if the child shows to the satisfaction of the

8 Secretary of Defense that the child has a bona

9 fide intention of continuing to pursue a course

10 of study or training in the same or a different

11 school during the school semester (or other pe12 riod into which the school year is divided) im13 mediately after the interim.

14 ‘‘(C) FOSTER CHILDREN.—A foster child,

15 to qualify under this paragraph as the depend16 ent child of a person to whom the Plan applies,

17 must, at the time of the death of that person,

18 also reside with, and receive over one-half of his

19 support from, that person, and not be cared for

20 under a social agency contract. The temporary

21 absence of a foster child from the residence of

22 that person, while a student as described in this

23 paragraph, shall not be considered to affect the

24 residence of such a foster child.
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1 ‘‘(12) COURT.—The term ‘court’ has the mean2 ing given that term by section 1408(a)(1) of this

3 title.

4 ‘‘(13) COURT ORDER.—

5 ‘‘(A) IN GENERAL.—The term ‘court order’

6 means a court’s final decree of divorce, dissolu7 tion, or annulment or a court ordered, ratified,

8 or approved property settlement incident to

9 such a decree (including a final decree modify10 ing the terms of a previously issued decree of

11 divorce, dissolution, annulment, or legal separa12 tion, or of a court ordered, ratified, or approved

13 property settlement agreement incident to such

14 previously issued decree).

15 ‘‘(B) FINAL DECREE.—The term ‘final de16 cree’ means a decree from which no appeal may

17 be taken or from which no appeal has been

18 taken within the time allowed for the taking of

19 such appeals under the laws applicable to such

20 appeals, or a decree from which timely appeal

21 has been taken and such appeal has been finally

22 decided under the laws applicable to such ap23 peals.

24 ‘‘(C) REGULAR ON ITS FACE.—The term

25 ‘regular on its face’, when used in connection
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1 with a court order, means a court order that

2 meets the conditions prescribed in section

3 1408(b)(2) of this title.

4 ‘‘§ 1448. Application of plan

5 ‘‘(a) GENERAL RULES FOR PARTICIPATION IN THE

6 PLAN.—

7 ‘‘(1) NAME OF PLAN; ELIGIBLE PARTICI8 PANTS.—The program established by this sub9 chapter shall be known as the Survivor Benefit Plan.

10 The following persons are eligible to participate in

11 the Plan:

12 ‘‘(A) Persons entitled to retired pay.

13 ‘‘(B) Persons who would be eligible for re14 serve-component retired pay but for the fact

15 that they are under 60 years of age.

16 ‘‘(2) PARTICIPANTS IN THE PLAN.—The Plan

17 applies to the following persons, who shall be partici18 pants in the Plan:

19 ‘‘(A) STANDARD ANNUITY PARTICI20 PANTS.—A person who is eligible to participate

21 in the Plan under paragraph (1)(A) and who is

22 married or has a dependent child when he be23 comes entitled to retired pay, unless he elects

24 (with his spouse’s concurrence, if required

25 under paragraph (3)) not to participate in the
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1 Plan before the first day for which he is eligible

2 for that pay.

3 ‘‘(B) RESERVE-COMPONENT ANNUITY PAR4 TICIPANTS.—A person who (i) is eligible to par5 ticipate in the Plan under paragraph (1)(B),

6 (ii) is married or has a dependent child when

7 he is notified under section 12731(d) of this

8 title that he has completed the years of service

9 required for eligibility for reserve-component re10 tired pay, and (iii) elects to participate in the

11 Plan (and makes a designation under sub12 section (e)) before the end of the 90-day period

13 beginning on the date he receives such notifica14 tion.

15 A person described in clauses (i) and (ii) of subpara16 graph (B) who does not elect to participate in the

17 Plan before the end of the 90-day period referred to

18 in that clause remains eligible, upon reaching 60

19 years of age and otherwise becoming entitled to re20 tired pay, to participate in the Plan in accordance

21 with eligibility under paragraph (1)(A).

22 ‘‘(3) ELECTIONS.—

23 ‘‘(A) SPOUSAL CONSENT FOR CERTAIN

24 ELECTIONS RESPECTING STANDARD ANNU25 ITY.—A married person who is eligible to pro-
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1 vide a standard annuity may not without the

2 concurrence of the person’s spouse elect—

3 ‘‘(i) not to participate in the Plan;

4 ‘‘(ii) to provide an annuity for the

5 person’s spouse at less than the maximum

6 level; or

7 ‘‘(iii) to provide an annuity for a de8 pendent child but not for the person’s

9 spouse.

10 ‘‘(B) SPOUSAL CONSENT FOR CERTAIN

11 ELECTIONS RESPECTING RESERVE-COMPONENT

12 ANNUITY.—A married person who elects to pro13 vide a reserve-component annuity may not with14 out the concurrence of the person’s spouse

15 elect—

16 ‘‘(i) to provide an annuity for the per17 son’s spouse at less than the maximum

18 level; or

19 ‘‘(ii) to provide an annuity for a de20 pendent child but not for the person’s

21 spouse.

22 ‘‘(C) EXCEPTION WHEN SPOUSE UNAVAIL23 ABLE.—A person may make an election de24 scribed in subparagraph (A) or (B) without the

25 concurrence of the person’s spouse if the person
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1 establishes to the satisfaction of the Secretary

2 concerned—

3 ‘‘(i) that the spouse’s whereabouts

4 cannot be determined; or

5 ‘‘(ii) that, due to exceptional cir6 cumstances, requiring the person to seek

7 the spouse’s consent would otherwise be in8 appropriate.

9 ‘‘(D) CONSTRUCTION WITH FORMER

10 SPOUSE ELECTION PROVISIONS.—This para11 graph does not affect any right or obligation to

12 elect to provide an annuity for a former spouse

13 (or for a former spouse and dependent child)

14 under subsection (b)(2).

15 ‘‘(E) NOTICE TO SPOUSE OF ELECTION TO

16 PROVIDE FORMER SPOUSE ANNUITY.—If a mar17 ried person who is eligible to provide a standard

18 annuity elects to provide an annuity for a

19 former spouse (or for a former spouse and de20 pendent child) under subsection (b)(2), that

21 person’s spouse shall be notified of that elec22 tion.

23 ‘‘(4) IRREVOCABILITY OF ELECTIONS.—

24 ‘‘(A) STANDARD ANNUITY.—An election

25 under paragraph (2)(A) not to participate in
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1 the Plan is irrevocable if not revoked before the

2 date on which the person first becomes entitled

3 to retired pay.

4 ‘‘(B) RESERVE-COMPONENT ANNUITY.—

5 An election under paragraph (2)(B) to partici6 pate in the Plan is irrevocable if not revoked

7 before the end of the 90-day period referred to

8 in that paragraph.

9 ‘‘(5) PARTICIPATION BY PERSON MARRYING

10 AFTER RETIREMENT, ETC.—

11 ‘‘(A) ELECTION TO PARTICIPATE IN

12 PLAN.—A person who is not married and has

13 no dependent child upon becoming eligible to

14 participate in the Plan but who later marries or

15 acquires a dependent child may elect to partici16 pate in the Plan.

17 ‘‘(B) MANNER AND TIME OF ELECTION.—

18 Such an election must be written, signed by the

19 person making the election, and received by the

20 Secretary concerned within one year after the

21 date on which that person marries or acquires

22 that dependent child.

23 ‘‘(C) LIMITATION ON REVOCATION OF

24 ELECTION.—Such an election may not be re-
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1 voked except in accordance with subsection

2 (b)(3).

3 ‘‘(D) EFFECTIVE DATE OF ELECTION.—

4 The election is effective as of the first day of

5 the first calendar month following the month in

6 which the election is received by the Secretary

7 concerned.

8 ‘‘(E) DESIGNATION IF RCSBP ELECTION.—

9 In the case of a person providing a reserve-com10 ponent annuity, such an election shall include a

11 designation under subsection (e).

12 ‘‘(6) ELECTION OUT OF PLAN BY PERSON WITH

13 SPOUSE COVERAGE WHO REMARRIES.—

14 ‘‘(A) GENERAL RULE.—A person—

15 ‘‘(i) who is a participant in the Plan

16 and is providing coverage under the Plan

17 for a spouse (or a spouse and child);

18 ‘‘(ii) who does not have an eligible

19 spouse beneficiary under the Plan; and

20 ‘‘(iii) who remarries,

21 may elect not to provide coverage under the

22 Plan for the person’s spouse.

23 ‘‘(B) EFFECT OF ELECTION ON RETIRED

24 PAY.—If such an election is made, reductions in
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1 the retired pay of that person under section

2 1452 of this title shall not be made.

3 ‘‘(C) TERMS AND CONDITIONS OF ELEC4 TION.—An election under this paragraph—

5 ‘‘(i) is irrevocable;

6 ‘‘(ii) shall be made within one year

7 after the person’s remarriage; and

8 ‘‘(iii) shall be made in such form and

9 manner as may be prescribed in regula10 tions under section 1455 of this title.

11 ‘‘(D) NOTICE TO SPOUSE.—If a person

12 makes an election under this paragraph—

13 ‘‘(i) not to participate in the Plan;

14 ‘‘(ii) to provide an annuity for the

15 person’s spouse at less than the maximum

16 level; or

17 ‘‘(iii) to provide an annuity for a de18 pendent child but not for the person’s

19 spouse,

20 the person’s spouse shall be notified of that

21 election.

22 ‘‘(E) CONSTRUCTION WITH FORMER

23 SPOUSE ELECTION PROVISIONS.—This para24 graph does not affect any right or obligation to
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1 elect to provide an annuity to a former spouse

2 under subsection (b).

3 ‘‘(b) INSURABLE INTEREST AND FORMER SPOUSE

4 COVERAGE.—

5 ‘‘(1) COVERAGE FOR PERSON WITH INSURABLE

6 INTEREST.—

7 ‘‘(A) GENERAL RULE.—A person who is

8 not married and does not have a dependent

9 child upon becoming eligible to participate in

10 the Plan may elect to provide an annuity under

11 the Plan to a natural person with an insurable

12 interest in that person. In the case of a person

13 providing a reserve-component annuity, such an

14 election shall include a designation under sub15 section (e).

16 ‘‘(B) TERMINATION OF COVERAGE.—An

17 election under subparagraph (A) for a bene18 ficiary who is not the former spouse of the per19 son providing the annuity may be terminated.

20 Any such termination shall be made by a par21 ticipant by the submission to the Secretary con22 cerned of a request to discontinue participation

23 in the Plan, and such participation in the Plan

24 shall be discontinued effective on the first day

25 of the first month following the month in which
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1 the request is received by the Secretary con2 cerned. Effective on such date, the Secretary

3 concerned shall discontinue the reduction being

4 made in such person’s retired pay on account

5 of participation in the Plan or, in the case of

6 a person who has been required to make depos7 its in the Treasury on account of participation

8 in the Plan, such person may discontinue mak9 ing such deposits effective on such date.

10 ‘‘(C) FORM FOR DISCONTINUATION.—A re11 quest under subparagraph (B) to discontinue

12 participation in the Plan shall be in such form

13 and shall contain such information as may be

14 required under regulations prescribed by the

15 Secretary of Defense.

16 ‘‘(D) WITHDRAWAL OF REQUEST FOR DIS17 CONTINUATION.—The Secretary concerned shall

18 furnish promptly to each person who submits a

19 request under subparagraph (B) to discontinue

20 participation in the Plan a written statement of

21 the advantages and disadvantages of participat22 ing in the Plan and the possible disadvantages

23 of discontinuing participation. A person may

24 withdraw the request to discontinue participa-
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1 tion if withdrawn within 30 days after having

2 been submitted to the Secretary concerned.

3 ‘‘(E) CONSEQUENCES OF DISCONTINU4 ATION.—Once participation is discontinued,

5 benefits may not be paid in conjunction with

6 the earlier participation in the Plan and pre7 miums paid may not be refunded. Participation

8 in the Plan may not later be resumed except

9 through a qualified election under paragraph

10 (5) of subsection (a).

11 ‘‘(2) FORMER SPOUSE COVERAGE UPON BECOM12 ING A PARTICIPANT IN THE PLAN.—

13 ‘‘(A) GENERAL RULE.—A person who has

14 a former spouse upon becoming eligible to par15 ticipate in the Plan may elect to provide an an16 nuity to that former spouse.

17 ‘‘(B) EFFECT OF FORMER SPOUSE ELEC18 TION ON SPOUSE OR DEPENDENT CHILD.—In

19 the case of a person with a spouse or a depend20 ent child, such an election prevents payment of

21 an annuity to that spouse or child (other than

22 a child who is a beneficiary under an election

23 under paragraph (4)), including payment under

24 subsection (d).
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1 ‘‘(C) DESIGNATION IF MORE THAN ONE

2 FORMER SPOUSE.—If there is more than one

3 former spouse, the person shall designate which

4 former spouse is to be provided the annuity.

5 ‘‘(D) DESIGNATION IF RCSBP ELECTION.—

6 In the case of a person providing a reserve-com7 ponent annuity, such an election shall include a

8 designation under subsection (e).

9 ‘‘(3) FORMER SPOUSE COVERAGE BY PERSONS

10 ALREADY PARTICIPATING IN PLAN.—

11 ‘‘(A) ELECTION OF COVERAGE.—

12 ‘‘(i) AUTHORITY FOR ELECTION.—A

13 person—

14 ‘‘(I) who is a participant in the

15 Plan and is providing coverage for a

16 spouse or a spouse and child (even

17 though there is no beneficiary cur18 rently eligible for such coverage), and

19 ‘‘(II) who has a former spouse

20 who was not that person’s former

21 spouse when that person became eligi22 ble to participate in the Plan,

23 may (subject to subparagraph (B)) elect to

24 provide an annuity to that former spouse.
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1 ‘‘(ii) TERMINATION OF PREVIOUS COV2 ERAGE.—Any such election terminates any

3 previous coverage under the Plan.

4 ‘‘(iii) MANNER AND TIME OF ELEC5 TION.—Any such election must be written,

6 signed by the person making the election,

7 and received by the Secretary concerned

8 within one year after the date of the decree

9 of divorce, dissolution, or annulment.

10 ‘‘(B) LIMITATION ON ELECTION.—A per11 son may not make an election under subpara12 graph (A) to provide an annuity to a former

13 spouse who that person married after becoming

14 eligible for retired pay unless—

15 ‘‘(i) the person was married to that

16 former spouse for at least one year, or

17 ‘‘(ii) that former spouse is the parent

18 of issue by that marriage.

19 ‘‘(C) IRREVOCABILITY, EFFECTIVE DATE,

20 ETC.—An election under this paragraph may

21 not be revoked except in accordance with sec22 tion 1450(f) of this title. Such an election is ef23 fective as of the first day of the first calendar

24 month following the month in which it is re25 ceived by the Secretary concerned. This para-
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1 graph does not provide the authority to change

2 a designation previously made under subsection

3 (e).

4 ‘‘(D) NOTICE TO SPOUSE.—If a person

5 who is married makes an election to provide an

6 annuity to a former spouse under this para7 graph, that person’s spouse shall be notified of

8 the election.

9 ‘‘(4) FORMER SPOUSE AND CHILD COVERAGE.—

10 A person who elects to provide an annuity for a

11 former spouse under paragraph (2) or (3) may, at

12 the time of the election, elect to provide coverage

13 under that annuity for both the former spouse and

14 a dependent child, if the child resulted from the per15 son’s marriage to that former spouse.

16 ‘‘(5) DISCLOSURE OF WHETHER ELECTION OF

17 FORMER SPOUSE COVERAGE IS REQUIRED.—A per18 son who elects to provide an annuity to a former

19 spouse under paragraph (2) or (3) shall, at the time

20 of making the election, provide the Secretary con21 cerned with a written statement (in a form to be

22 prescribed by that Secretary and signed by such per23 son and the former spouse) setting forth—
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1 ‘‘(A) whether the election is being made

2 pursuant to the requirements of a court order;

3 or

4 ‘‘(B) whether the election is being made

5 pursuant to a written agreement previously en6 tered into voluntarily by such person as a part

7 of, or incident to, a proceeding of divorce, dis8 solution, or annulment and (if so) whether such

9 voluntary written agreement has been incor10 porated in, or ratified or approved by, a court

11 order.

12 ‘‘(c) PERSONS ON TEMPORARY DISABILITY RETIRED

13 LIST.—The application of the Plan to a person whose

14 name is on the temporary disability retired list terminates

15 when his name is removed from that list and he is no

16 longer entitled to disability retired pay.

17 ‘‘(d) COVERAGE FOR SURVIVORS OF RETIREMENT18 ELIGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—

19 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec20 retary concerned shall pay an annuity under this

21 subchapter to the surviving spouse of a member who

22 dies on active duty after—

23 ‘‘(A) becoming eligible to receive retired

24 pay;
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1 ‘‘(B) qualifying for retired pay except that

2 he has not applied for or been granted that pay;

3 or

4 ‘‘(C) completing 20 years of active service

5 but before he is eligible to retire as a commis6 sioned officer because he has not completed 10

7 years of active commissioned service.

8 ‘‘(2) DEPENDENT CHILD ANNUITY.—The Sec9 retary concerned shall pay an annuity under this

10 subchapter to the dependent child of a member de11 scribed in paragraph (1) if there is no surviving

12 spouse or if the member’s surviving spouse subse13 quently dies.

14 ‘‘(3) MANDATORY FORMER SPOUSE ANNUITY.—

15 If a member described in paragraph (1) is required

16 under a court order or spousal agreement to provide

17 an annuity to a former spouse upon becoming eligi18 ble to be a participant in the Plan or has made an

19 election under subsection (b) to provide an annuity

20 to a former spouse, the Secretary—

21 ‘‘(A) may not pay an annuity under para22 graph (1) or (2); but

23 ‘‘(B) shall pay an annuity to that former

24 spouse as if the member had been a participant

25 in the Plan and had made an election under
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1 subsection (b) to provide an annuity to the

2 former spouse, or in accordance with that elec3 tion, as the case may be, if the Secretary re4 ceives a written request from the former spouse

5 concerned that the election be deemed to have

6 been made in the same manner as provided in

7 section 1450(f)(3) of this title.

8 ‘‘(4) PRIORITY.—An annuity that may be pro9 vided under this subsection shall be provided in pref10 erence to an annuity that may be provided under

11 any other provision of this subchapter on account of

12 service of the same member.

13 ‘‘(5) COMPUTATION.—The amount of an annu14 ity under this subsection is computed under section

15 1451(c) of this title.

16 ‘‘(e) DESIGNATION FOR COMMENCEMENT OF RE17 SERVE-COMPONENT ANNUITY.—In any case in which a

18 person electing to participate in the Plan is required to

19 make a designation under this subsection, the person mak20 ing such election shall designate whether, in the event he

21 dies before becoming 60 years of age, the annuity provided

22 shall become effective on—

23 ‘‘(1) the day after the date of his death; or

24 ‘‘(2) the 60th anniversary of his birth.
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1 ‘‘(f) COVERAGE OF SURVIVORS OF PERSONS DYING

2 WHEN ELIGIBLE TO ELECT RESERVE-COMPONENT AN3 NUITY.—

4 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec5 retary concerned shall pay an annuity under this

6 subchapter to the surviving spouse of a person who

7 is eligible to provide a reserve-component annuity

8 and who dies—

9 ‘‘(A) before being notified under section

10 12731(d) of this title that he has completed the

11 years of service required for eligibility for re12 serve-component retired pay; or

13 ‘‘(B) during the 90-day period beginning

14 on the date he receives notification under sec15 tion 12731(d) of this title that he has com16 pleted the years of service required for eligi17 bility for reserve-component retired pay if he

18 had not made an election under subsection

19 (a)(2)(B) to participate in the Plan.

20 ‘‘(2) DEPENDENT CHILD ANNUITY.—The Sec21 retary concerned shall pay an annuity under this

22 subchapter to the dependent child of a person de23 scribed in paragraph (1) if there is no surviving

24 spouse or if the person’s surviving spouse subse25 quently dies.
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1 ‘‘(3) MANDATORY FORMER SPOUSE ANNUITY.—

2 If a person described in paragraph (1) is required

3 under a court order or spousal agreement to provide

4 an annuity to a former spouse upon becoming eligi5 ble to be a participant in the Plan or has made an

6 election under subsection (b) to provide an annuity

7 to a former spouse, the Secretary—

8 ‘‘(A) may not pay an annuity under para9 graph (1) or (2); but

10 ‘‘(B) shall pay an annuity to that former

11 spouse as if the person had been a participant

12 in the Plan and had made an election under

13 subsection (b) to provide an annuity to the

14 former spouse, or in accordance with that elec15 tion, as the case may be, if the Secretary re16 ceives a written request from the former spouse

17 concerned that the election be deemed to have

18 been made in the same manner as provided in

19 section 1450(f)(3) of this title.

20 ‘‘(4) COMPUTATION.—The amount of an annu21 ity under this subsection is computed under section

22 1451(c) of this title.

23 ‘‘(g) ELECTION TO INCREASE COVERAGE UPON RE24 MARRIAGE.—

25 ‘‘(1) ELECTION.—A person—
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1 ‘‘(A) who is a participant in the Plan and

2 is providing coverage under subsection (a) for a

3 spouse or a spouse and child, but at less than

4 the maximum level; and

5 ‘‘(B) who remarries,

6 may elect, within one year of such remarriage, to in7 crease the level of coverage provided under the Plan

8 to a level not in excess of the current retired pay of

9 that person.

10 ‘‘(2) PAYMENT REQUIRED.—Such an election

11 shall be contingent on the person paying to the

12 United States the amount determined under para13 graph (3) plus interest on such amount at a rate de14 termined under regulations prescribed by the Sec15 retary of Defense.

16 ‘‘(3) AMOUNT TO BE PAID.—The amount re17 ferred to in paragraph (2) is the amount equal to

18 the difference between—

19 ‘‘(A) the amount that would have been

20 withheld from such person’s retired pay under

21 section 1452 of this title if the higher level of

22 coverage had been in effect from the time the

23 person became a participant in the Plan; and

24 ‘‘(B) the amount of such person’s retired

25 pay actually withheld.
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1 ‘‘(4) MANNER OF MAKING ELECTION.—An elec2 tion under paragraph (1) shall be made in such

3 manner as the Secretary shall prescribe and shall

4 become effective upon receipt of the payment re5 quired by paragraph (2).

6 ‘‘(5) DISPOSITION OF PAYMENTS.—A payment

7 received under this subsection by the Secretary of

8 Defense shall be deposited into the Department of

9 Defense Military Retirement Fund. Any other pay10 ment received under this subsection shall be depos11 ited in the Treasury as miscellaneous receipts.

12 ‘‘§ 1449. Mental incompetency of member

13 ‘‘(a) ELECTION BY SECRETARY CONCERNED ON BE14 HALF OF MENTALLY INCOMPETENT MEMBER.—If a per15 son to whom section 1448 of this title applies is deter16 mined to be mentally incompetent by medical officers of

17 the armed force concerned or of the Department of Veter18 ans Affairs, or by a court of competent jurisdiction, an

19 election described in subsection (a)(2) or (b) of section

20 1448 of this title may be made on behalf of that person

21 by the Secretary concerned.

22 ‘‘(b) REVOCATION OF ELECTION BY MEMBER.—

23 ‘‘(1) AUTHORITY UPON SUBSEQUENT DETER24 MINATION OF MENTAL COMPETENCE.—If a person

25 for whom the Secretary has made an election under
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1 subsection (a) is later determined to be mentally

2 competent by an authority named in that subsection,

3 that person may, within 180 days after that deter4 mination, revoke that election.

5 ‘‘(2) DEDUCTIONS FROM RETIRED PAY NOT TO

6 BE REFUNDED.—Any deduction made from retired

7 pay by reason of such an election may not be re8 funded.

9 ‘‘§ 1450. Payment of annuity: beneficiaries

10 ‘‘(a) IN GENERAL.—Effective as of the first day after

11 the death of a person to whom section 1448 of this title

12 applies (or on such other day as that person may provide

13 under subsection (j)), a monthly annuity under section

14 1451 of this title shall be paid to the person’s beneficiaries

15 under the Plan, as follows:

16 ‘‘(1) SURVIVING SPOUSE OR FORMER

17 SPOUSE.—The eligible surviving spouse or the eligi18 ble former spouse.

19 ‘‘(2) SURVIVING CHILDREN.—The surviving de20 pendent children in equal shares, if the eligible sur21 viving spouse or the eligible former spouse is dead,

22 dies, or otherwise becomes ineligible under this sec23 tion.

24 ‘‘(3) DEPENDENT CHILDREN.—The dependent

25 children in equal shares if the person to whom sec-
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1 tion 1448 of this title applies (with the concurrence

2 of the person’s spouse, if required under section

3 1448(a)(3) of this title) elected to provide an annu4 ity for dependent children but not for the spouse or

5 former spouse.

6 ‘‘(4) NATURAL PERSON DESIGNATED UNDER

7 ‘INSURABLE INTEREST’ COVERAGE.—The natural

8 person designated under section 1448(b)(1) of this

9 title, unless the election to provide an annuity to the

10 natural person has been changed as provided in sub11 section (f).

12 ‘‘(b) TERMINATION OF ANNUITY FOR DEATH, RE13 MARRIAGE BEFORE AGE 55, ETC.—

14 ‘‘(1) GENERAL RULE.—An annuity payable to

15 the beneficiary terminates effective as of the first

16 day of the month in which eligibility is lost.

17 ‘‘(2) TERMINATION OF SPOUSE ANNUITY UPON

18 DEATH OR REMARRIAGE BEFORE AGE 55.—An annu19 ity for a surviving spouse or former spouse shall be

20 paid to the surviving spouse or former spouse while

21 the surviving spouse or former spouse is living or, if

22 the surviving spouse or former spouse remarries be23 fore reaching age 55, until the surviving spouse or

24 former spouse remarries.
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1 ‘‘(3) EFFECT OF TERMINATION OF SUBSE2 QUENT MARRIAGE BEFORE AGE 55.—If the surviving

3 spouse or former spouse remarries before reaching

4 age 55 and that marriage is terminated by death,

5 annulment, or divorce, payment of the annuity shall

6 be resumed effective as of the first day of the month

7 in which the marriage is so terminated. However, if

8 the surviving spouse or former spouse is also entitled

9 to an annuity under the Plan based upon the mar10 riage so terminated, the surviving spouse or former

11 spouse may not receive both annuities but must elect

12 which to receive.

13 ‘‘(c) OFFSET FOR AMOUNT OF DEPENDENCY AND

14 INDEMNITY COMPENSATION.—

15 ‘‘(1) REQUIRED OFFSET.—If, upon the death of

16 a person to whom section 1448 of this title applies,

17 the surviving spouse or former spouse of that person

18 is also entitled to dependency and indemnity com19 pensation under section 1311(a) of title 38, the sur20 viving spouse or former spouse may be paid an an21 nuity under this section, but only in the amount that

22 the annuity otherwise payable under this section

23 would exceed that compensation.

24 ‘‘(2) EFFECTIVE DATE OF OFFSET.—A reduc25 tion in an annuity under this section required by
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1 paragraph (1) shall be effective on the date of the

2 commencement of the period of payment of such de3 pendency and indemnity compensation under title

4 38.

5 ‘‘(d) LIMITATION ON PAYMENT OF ANNUITIES WHEN

6 COVERAGE UNDER CIVIL SERVICE RETIREMENT ELECT7 ED.—If, upon the death of a person to whom section 1448

8 of this title applies, that person had in effect a waiver of

9 that person’s retired pay for the purposes of subchapter

10 III of chapter 83 of title 5, an annuity under this section

11 shall not be payable unless, in accordance with section

12 8339(j) of title 5, that person notified the Office of Per13 sonnel Management that he did not desire any spouse sur14 viving him to receive an annuity under section 8341(b)

15 of that title.

16 ‘‘(e) REFUND OF AMOUNTS DEDUCTED FROM RE17 TIRED PAY WHEN DIC OFFSET IS APPLICABLE.—

18 ‘‘(1) FULL REFUND WHEN DIC GREATER THAN

19 SBP ANNUITY.—If an annuity under this section is

20 not payable because of subsection (c), any amount

21 deducted from the retired pay of the deceased under

22 section 1452 of this title shall be refunded to the

23 surviving spouse or former spouse.

24 ‘‘(2) PARTIAL REFUND WHEN SBP ANNUITY RE25 DUCED BY DIC.—If, because of subsection (c), the
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1 annuity payable is less than the amount established

2 under section 1451 of this title, the annuity payable

3 shall be recalculated under that section. The amount

4 of the reduction in the retired pay required to pro5 vide that recalculated annuity shall be computed

6 under section 1452 of this title, and the difference

7 between the amount deducted before the computa8 tion of that recalculated annuity and the amount

9 that would have been deducted on the basis of that

10 recalculated annuity shall be refunded to the surviv11 ing spouse or former spouse.

12 ‘‘(f) CHANGE IN ELECTION OF INSURABLE INTEREST

13 OR FORMER SPOUSE BENEFICIARY.—

14 ‘‘(1) AUTHORIZED CHANGES.—

15 ‘‘(A) ELECTION IN FAVOR OF SPOUSE OR

16 CHILD.—A person who elects to provide an an17 nuity to a person designated by him under sec18 tion 1448(b) of this title may, subject to para19 graph (2), change that election and provide an

20 annuity to his spouse or dependent child.

21 ‘‘(B) NOTICE.—The Secretary concerned

22 shall notify the former spouse or other natural

23 person previously designated under section

24 1448(b) of this title of any change of election

25 under subparagraph (A).
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1 ‘‘(C) PROCEDURES, EFFECTIVE DATE,

2 ETC.—Any such change of election is subject to

3 the same rules with respect to execution, rev4 ocation, and effectiveness as are set forth in

5 section 1448(a)(5) of this title (without regard

6 to the eligibility of the person making the

7 change of election to make such an election

8 under that section).

9 ‘‘(2) LIMITATION ON CHANGE IN BENEFICIARY

10 WHEN FORMER SPOUSE COVERAGE IN EFFECT.—A

11 person who, incident to a proceeding of divorce, dis12 solution, or annulment, is required by a court order

13 to elect under section 1448(b) of this title to provide

14 an annuity to a former spouse (or to both a former

15 spouse and child), or who enters into a written

16 agreement (whether voluntary or required by a court

17 order) to make such an election, and who makes an

18 election pursuant to such order or agreement, may

19 not change that election under paragraph (1) unless,

20 of the following requirements, whichever are applica21 ble in a particular case are satisfied:

22 ‘‘(A) In a case in which the election is re23 quired by a court order, or in which an agree24 ment to make the election has been incor-
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1 porated in or ratified or approved by a court

2 order, the person—

3 ‘‘(i) furnishes to the Secretary con4 cerned a certified copy of a court order

5 which is regular on its face and which

6 modifies the provisions of all previous

7 court orders relating to such election, or

8 the agreement to make such election, so as

9 to permit the person to change the elec10 tion; and

11 ‘‘(ii) certifies to the Secretary con12 cerned that the court order is valid and in

13 effect.

14 ‘‘(B) In a case of a written agreement that

15 has not been incorporated in or ratified or ap16 proved by a court order, the person—

17 ‘‘(i) furnishes to the Secretary con18 cerned a statement, in such form as the

19 Secretary concerned may prescribe, signed

20 by the former spouse and evidencing the

21 former spouse’s agreement to a change in

22 the election under paragraph (1); and

23 ‘‘(ii) certifies to the Secretary con24 cerned that the statement is current and in

25 effect.
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1 ‘‘(3) REQUIRED FORMER SPOUSE ELECTION TO

2 BE DEEMED TO HAVE BEEN MADE.—

3 ‘‘(A) DEEMED ELECTION UPON REQUEST

4 BY FORMER SPOUSE.—If a person described in

5 paragraph (2) or (3) of section 1448(b) of this

6 title is required (as described in subparagraph

7 (B)) to elect under section 1448(b) of this title

8 to provide an annuity to a former spouse and

9 such person then fails or refuses to make such

10 an election, such person shall be deemed to

11 have made such an election if the Secretary

12 concerned receives the following:

13 ‘‘(i) REQUEST FROM FORMER

14 SPOUSE.—A written request, in such man15 ner as the Secretary shall prescribe, from

16 the former spouse concerned requesting

17 that such an election be deemed to have

18 been made.

19 ‘‘(ii) COPY OF COURT ORDER OR

20 OTHER OFFICIAL STATEMENT.—Either—

21 ‘‘(I) a copy of the court order,

22 regular on its face, which requires

23 such election or incorporates, ratifies,

24 or approves the written agreement of

25 such person; or
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1 ‘‘(II) a statement from the clerk

2 of the court (or other appropriate offi3 cial) that such agreement has been

4 filed with the court in accordance with

5 applicable State law.

6 ‘‘(B) PERSONS REQUIRED TO MAKE ELEC7 TION.—A person shall be considered for pur8 poses of subparagraph (A) to be required to

9 elect under section 1448(b) of this title to pro10 vide an annuity to a former spouse if—

11 ‘‘(i) the person enters, incident to a

12 proceeding of divorce, dissolution, or an13 nulment, into a written agreement to make

14 such an election and the agreement (I) has

15 been incorporated in or ratified or ap16 proved by a court order, or (II) has been

17 filed with the court of appropriate jurisdic18 tion in accordance with applicable State

19 law; or

20 ‘‘(ii) the person is required by a court

21 order to make such an election.

22 ‘‘(C) TIME LIMIT FOR REQUEST BY

23 FORMER SPOUSE.—An election may not be

24 deemed to have been made under subparagraph

25 (A) in the case of any person unless the Sec-
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1 retary concerned receives a request from the

2 former spouse of the person within one year of

3 the date of the court order or filing involved.

4 ‘‘(D) EFFECTIVE DATE OF DEEMED ELEC5 TION.—An election deemed to have been made

6 under subparagraph (A) shall become effective

7 on the first day of the first month which begins

8 after the date of the court order or filing in9 volved.

10 ‘‘(4) FORMER SPOUSE COVERAGE MAY BE RE11 QUIRED BY COURT ORDER.—A court order may re12 quire a person to elect (or to enter into an agree13 ment to elect) under section 1448(b) of this title to

14 provide an annuity to a former spouse (or to both

15 a former spouse and child).

16 ‘‘(g) LIMITATION ON CHANGING OR REVOKING ELEC17 TIONS.—

18 ‘‘(1) IN GENERAL.—An election under this sec19 tion may not be changed or revoked.

20 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

21 apply to—

22 ‘‘(A) a revocation of an election under sec23 tion 1449(b) of this title; or

24 ‘‘(B) a change in an election under sub25 section (f).
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1 ‘‘(h) TREATMENT OF ANNUITIES UNDER OTHER

2 LAWS.—Except as provided in section 1451 of this title,

3 an annuity under this section is in addition to any other

4 payment to which a person is entitled under any other pro5 vision of law. Such annuity shall be considered as income

6 under laws administered by the Secretary of Veterans Af7 fairs.

8 ‘‘(i) ANNUITIES EXEMPT FROM CERTAIN LEGAL

9 PROCESS.—Except as provided in subsection (l)(3)(B), an

10 annuity under this section is not assignable or subject to

11 execution, levy, attachment, garnishment, or other legal

12 process.

13 ‘‘(j) EFFECTIVE DATE OF RESERVE-COMPONENT

14 ANNUITIES.—

15 ‘‘(1) PERSONS MAKING SECTION 1448(e) DES16 IGNATION.—An annuity elected by a person provid17 ing a reserve-component annuity shall be effective in

18 accordance with the designation made by such per19 son under section 1448(e) of this title.

20 ‘‘(2) PERSONS DYING BEFORE MAKING SECTION

21 1448(e) DESIGNATION.—An annuity payable under

22 section 1448(f) of this title shall be effective on the

23 day after the date of the death of the person upon

24 whose service the right to the annuity is based.
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1 ‘‘(k) ADJUSTMENT OF SPOUSE OR FORMER SPOUSE

2 ANNUITY UPON LOSS OF DEPENDENCY AND INDEMNITY

3 COMPENSATION.—

4 ‘‘(1) READJUSTMENT IF BENEFICIARY 55 YEARS

5 OF AGE OR MORE.—If a surviving spouse or former

6 spouse whose annuity has been adjusted under sub7 section (c) subsequently loses entitlement to depend8 ency and indemnity compensation under section

9 1311(a) of title 38 because of the remarriage of the

10 surviving spouse, or former spouse, and if at the

11 time of such remarriage the surviving spouse or

12 former spouse is 55 years of age or more, the

13 amount of the annuity of the surviving spouse or

14 former spouse shall be readjusted, effective on the

15 effective date of such loss of dependency and indem16 nity compensation, to the amount of the annuity

17 which would be in effect with respect to the surviv18 ing spouse or former spouse if the adjustment under

19 subsection (c) had never been made.

20 ‘‘(2) REPAYMENT OF AMOUNTS PREVIOUSLY

21 REFUNDED.—

22 ‘‘(A) GENERAL RULE.—A surviving spouse

23 or former spouse whose annuity is readjusted

24 under paragraph (1) shall repay any amount re-
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1 funded under subsection (e) by reason of the

2 adjustment under subsection (c).

3 ‘‘(B) INTEREST REQUIRED IF REPAYMENT

4 NOT A LUMP SUM.—If the repayment is not

5 made in a lump sum, the surviving spouse or

6 former spouse shall pay interest on the amount

7 to be repaid. Such interest shall commence on

8 the date on which the first such payment is due

9 and shall be applied over the period during

10 which any part of the repayment remains to be

11 paid.

12 ‘‘(C) MANNER OF REPAYMENT; RATE OF

13 INTEREST.—The manner in which such repay14 ment shall be made, and the rate of any such

15 interest, shall be prescribed in regulations

16 under section 1455 of this title.

17 ‘‘(D) DEPOSIT OF AMOUNTS REPAID.—An

18 amount repaid under this paragraph (including

19 any such interest) received by the Secretary of

20 Defense shall be deposited into the Department

21 of Defense Military Retirement Fund. Any

22 other amount repaid under this paragraph shall

23 be deposited into the Treasury as miscellaneous

24 receipts.
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1 ‘‘(l) PARTICIPANTS IN THE PLAN WHO ARE MISS2 ING.—

3 ‘‘(1) AUTHORITY TO PRESUME DEATH OF MISS4 ING PARTICIPANT.—

5 ‘‘(A) IN GENERAL.—Upon application of

6 the beneficiary of a participant in the Plan who

7 is missing, the Secretary concerned may deter8 mine for purposes of this subchapter that the

9 participant is presumed dead.

10 ‘‘(B) PARTICIPANT WHO IS MISSING.—A

11 participant in the Plan is considered to be miss12 ing for purposes of this subsection if—

13 ‘‘(i) the retired pay of the participant

14 has been suspended on the basis that the

15 participant is missing; or

16 ‘‘(ii) in the case of a participant in

17 the Plan who would be eligible for reserve18 component retired pay but for the fact that

19 he is under 60 years of age, his retired

20 pay, if he were entitled to retired pay,

21 would be suspended on the basis that he is

22 missing.

23 ‘‘(C) REQUIREMENTS APPLICABLE TO PRE24 SUMPTION OF DEATH.—Any such determination

25 shall be made in accordance with regulations
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1 prescribed under section 1455 of this title. The

2 Secretary concerned may not make a deter3 mination for purposes of this subchapter that a

4 participant who is missing is presumed dead

5 unless the Secretary finds that—

6 ‘‘(i) the participant has been missing

7 for at least 30 days; and

8 ‘‘(ii) the circumstances under which

9 the participant is missing would lead a rea10 sonably prudent person to conclude that

11 the participant is dead.

12 ‘‘(2) COMMENCEMENT OF ANNUITY.—Upon a

13 determination under paragraph (1) with respect to a

14 participant in the Plan, an annuity otherwise pay15 able under this subchapter shall be paid as if the

16 participant died on the date as of which the retired

17 pay of the participant was suspended.

18 ‘‘(3) EFFECT OF PERSON NOT BEING DEAD.—

19 ‘‘(A) TERMINATION OF ANNUITY.—If,

20 after a determination under paragraph (1), the

21 Secretary concerned determines that the partic22 ipant is alive—

23 ‘‘(i) any annuity being paid under this

24 subchapter by reason of this subsection

25 shall be terminated; and
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1 ‘‘(ii) the total amount of any annuity

2 payments made by reason of this sub3 section shall constitute a debt to the Unit4 ed States.

5 ‘‘(B) COLLECTION FROM PARTICIPANT OF

6 ANNUITY AMOUNTS ERRONEOUSLY PAID.—A

7 debt under subparagraph (A)(ii) may be col8 lected or offset—

9 ‘‘(i) from any retired pay otherwise

10 payable to the participant;

11 ‘‘(ii) if the participant is entitled to

12 compensation under chapter 11 of title 38,

13 from that compensation; or

14 ‘‘(iii) if the participant is entitled to

15 any other payment from the United States,

16 from that payment.

17 ‘‘(C) COLLECTION FROM BENEFICIARY.—If

18 the participant dies before the full recovery of

19 the amount of annuity payments described in

20 subparagraph (A)(ii) has been made by the

21 United States, the remaining amount of such

22 annuity payments may be collected from the

23 participant’s beneficiary under the Plan if that

24 beneficiary was the recipient of the annuity

25 payments made by reason of this subsection.
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1 ‘‘§ 1451. Amount of annuity

2 ‘‘(a) COMPUTATION OF ANNUITY FOR A SPOUSE,

3 FORMER SPOUSE, OR CHILD.—

4 ‘‘(1) STANDARD ANNUITY.—In the case of a

5 standard annuity provided to a beneficiary under

6 section 1450(a) of this title (other than under sec7 tion 1450(a)(4)), the monthly annuity payable to the

8 beneficiary shall be determined as follows:

9 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

10 AGE.—If the beneficiary is under 62 years of

11 age or is a dependent child when becoming enti12 tled to the annuity, the monthly annuity shall

13 be the amount equal to 55 percent of the base

14 amount.

15 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

16 OLDER.—

17 ‘‘(i) GENERAL RULE.—If the bene18 ficiary (other than a dependent child) is 62

19 years of age or older when becoming enti20 tled to the annuity, the monthly annuity

21 shall be the amount equal to 35 percent of

22 the base amount.

23 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

24 FOR SOCIAL SECURITY OFFSET COMPUTA25 TION.—If the beneficiary is eligible to have

26 the annuity computed under subsection (e)
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1 and if, at the time the beneficiary becomes

2 entitled to the annuity, computation of the

3 annuity under that subsection is more fa4 vorable to the beneficiary than computa5 tion under clause (i), the annuity shall be

6 computed under that subsection rather

7 than under clause (i).

8 ‘‘(2) RESERVE-COMPONENT ANNUITY—In the

9 case of a reserve-component annuity provided to a

10 beneficiary under section 1450(a) of this title (other

11 than under section 1450(a)(4)), the monthly annuity

12 payable to the beneficiary shall be determined as fol13 lows:

14 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

15 AGE.—If the beneficiary is under 62 years of

16 age or is a dependent child when becoming enti17 tled to the annuity, the monthly annuity shall

18 be the amount equal to a percentage of the base

19 amount that—

20 ‘‘(i) is less than 55 percent; and

21 ‘‘(ii) is determined under subsection

22 (f).

23 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

24 OLDER.—
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1 ‘‘(i) GENERAL RULE.—If the bene2 ficiary (other than a dependent child) is 62

3 years of age or older when becoming enti4 tled to the annuity, the monthly annuity

5 shall be the amount equal to a percentage

6 of the base amount that—

7 ‘‘(I) is less than 35 percent; and

8 ‘‘(II) is determined under sub9 section (f).

10 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

11 FOR SOCIAL SECURITY OFFSET COMPUTA12 TION.—If the beneficiary is eligible to have

13 the annuity computed under subsection (e)

14 and if, at the time the beneficiary becomes

15 entitled to the annuity, computation of the

16 annuity under that subsection is more fa17 vorable to the beneficiary than computa18 tion under clause (i), the annuity shall be

19 computed under that subsection rather

20 than under clause (i).

21 ‘‘(b) INSURABLE INTEREST BENEFICIARY.—

22 ‘‘(1) STANDARD ANNUITY.—In the case of a

23 standard annuity provided to a beneficiary under

24 section 1450(a)(4) of this title, the monthly annuity

25 payable to the beneficiary shall be the amount equal
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1 to 55 percent of the retired pay of the person who

2 elected to provide the annuity after the reduction in

3 that pay in accordance with section 1452(c) of this

4 title.

5 ‘‘(2) RESERVE-COMPONENT ANNUITY.—In the

6 case of a reserve-component annuity provided to a

7 beneficiary under section 1450(a)(4) of this title, the

8 monthly annuity payable to the beneficiary shall be

9 the amount equal to a percentage of the retired pay

10 of the person who elected to provide the annuity

11 after the reduction in such pay in accordance with

12 section 1452(c) of this title that—

13 ‘‘(A) is less than 55 percent; and

14 ‘‘(B) is determined under subsection (f).

15 ‘‘(3) COMPUTATION OF RESERVE-COMPONENT

16 ANNUITY WHEN PARTICIPANT DIES BEFORE AGE

17 60.—For the purposes of paragraph (2), a person—

18 ‘‘(A) who provides an annuity that is de19 termined in accordance with that paragraph;

20 ‘‘(B) who dies before becoming 60 years of

21 age; and

22 ‘‘(C) who at the time of death is otherwise

23 entitled to retired pay,

24 shall be considered to have been entitled to retired

25 pay at the time of death. The retired pay of such
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1 person for the purposes of such paragraph shall be

2 computed on the basis of the rates of basic pay in

3 effect on the date on which the annuity provided by

4 such person is to become effective in accordance

5 with the designation of such person under section

6 1448(e) of this title.

7 ‘‘(c) ANNUITIES FOR SURVIVORS OF CERTAIN PER8 SONS DYING DURING A PERIOD OF SPECIAL ELIGIBILITY

9 FOR SBP.—

10 ‘‘(1) IN GENERAL.—In the case of an annuity

11 provided under section 1448(d) or 1448(f) of this

12 title, the amount of the annuity shall be determined

13 as follows:

14 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

15 AGE.—If the person receiving the annuity is

16 under 62 years of age or is a dependent child

17 when the member or former member dies, the

18 monthly annuity shall be the amount equal to

19 55 percent of the retired pay to which the mem20 ber or former member would have been entitled

21 if the member or former member had been enti22 tled to that pay based upon his years of active

23 service when he died.

24 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

25 OLDER.—
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1 ‘‘(i) GENERAL RULE.—If the person

2 receiving the annuity (other than a de3 pendent child) is 62 years of age or older

4 when the member or former member dies,

5 the monthly annuity shall be the amount

6 equal to 35 percent of the retired pay to

7 which the member or former member

8 would have been entitled if the member or

9 former member had been entitled to that

10 pay based upon his years of active service

11 when he died.

12 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

13 FOR SOCIAL SECURITY OFFSET COMPUTA14 TION.—If the beneficiary is eligible to have

15 the annuity computed under subsection (e)

16 and if, at the time the beneficiary becomes

17 entitled to the annuity, computation of the

18 annuity under that subsection is more fa19 vorable to the beneficiary than computa20 tion under clause (i), the annuity shall be

21 computed under that subsection rather

22 than under clause (i).

23 ‘‘(2) DIC OFFSET.—An annuity computed

24 under paragraph (1) that is paid to a surviving

25 spouse shall be reduced by the amount of depend-
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1 ency and indemnity compensation to which the sur2 viving spouse is entitled under section 1311(a) of

3 title 38. Any such reduction shall be effective on the

4 date of the commencement of the period of payment

5 of such compensation under title 38.

6 ‘‘(3) OFFICER WITH ENLISTED SERVICE WHO IS

7 NOT YET ELIGIBLE TO RETIRE AS AN OFFICER.—In

8 the case of an annuity provided by reason of the

9 service of a member described in section

10 1448(d)(1)(B) or 1448(d)(1)(C) of this title who

11 first became a member of a uniformed service before

12 September 8, 1980, the retired pay to which the

13 member would have been entitled when he died shall

14 be determined for purposes of paragraph (1) based

15 upon the rate of basic pay in effect at the time of

16 death for the grade in which the member was serv17 ing at the time of death, unless (as determined by

18 the Secretary concerned) the member would have

19 been entitled to be retired in a higher grade.

20 ‘‘(4) RATE OF PAY TO BE USED IN COMPUTING

21 ANNUITY.—In the case of an annuity paid under

22 section 1448(f) of this title by reason of the service

23 of a person who first became a member of a uni24 formed service before September 8, 1980, the retired

25 pay of the person providing the annuity shall for the
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1 purposes of paragraph (1) be computed on the basis

2 of the rates of basic pay in effect on the effective

3 date of the annuity.

4 ‘‘(d) REDUCTION OF ANNUITIES AT AGE 62.—

5 ‘‘(1) REDUCTION REQUIRED.—The annuity of a

6 person whose annuity is computed under subpara7 graph (A) of subsection (a)(1), (a)(2), or (c)(1) shall

8 be reduced on the first day of the month after the

9 month in which the person becomes 62 years of age.

10 ‘‘(2) AMOUNT OF ANNUITY AS REDUCED.—

11 ‘‘(A) 35 PERCENT ANNUITY.—Except as

12 provided in subparagraph (B), the reduced

13 amount of the annuity shall be the amount of

14 the annuity that the person would be receiving

15 on that date if the annuity had initially been

16 computed under subparagraph (B) of that sub17 section.

18 ‘‘(B) SAVINGS PROVISION FOR BENE19 FICIARIES ELIGIBLE FOR SOCIAL SECURITY

20 OFFSET COMPUTATION.—In the case of a per21 son eligible to have an annuity computed under

22 subsection (e) and for whom, at the time the

23 person becomes 62 years of age, the annuity

24 computed with a reduction under subsection

25 (e)(3) is more favorable than the annuity with
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1 a reduction described in subparagraph (A), the

2 reduction in the annuity shall be computed in

3 the same manner as a reduction under sub4 section (e)(3).

5 ‘‘(e) SAVINGS PROVISION FOR CERTAIN BENE6 FICIARIES.—

7 ‘‘(1) PERSONS COVERED.—The following bene8 ficiaries under the Plan are eligible to have an annu9 ity under the Plan computed under this subsection:

10 ‘‘(A) A beneficiary receiving an annuity

11 under the Plan on October 1, 1985, as the sur12 viving spouse or former spouse of the person

13 providing the annuity.

14 ‘‘(B) A spouse or former spouse bene15 ficiary of a person who on October 1, 1985—

16 ‘‘(i) was a participant in the Plan;

17 ‘‘(ii) was entitled to retired pay or

18 was qualified for that pay except that he

19 had not applied for and been granted that

20 pay; or

21 ‘‘(iii) would have been eligible for re22 serve-component retired pay but for the

23 fact that he was under 60 years of age.
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1 ‘‘(2) AMOUNT OF ANNUITY.—Subject to para2 graph (3), an annuity computed under this sub3 section is determined as follows:

4 ‘‘(A) STANDARD ANNUITY.—In the case of

5 the beneficiary of a standard annuity, the annu6 ity shall be the amount equal to 55 percent of

7 the base amount.

8 ‘‘(B) RESERVE COMPONENT ANNUITY.—In

9 the case of the beneficiary of a reserve-compo10 nent annuity, the annuity shall be the percent11 age of the base amount that—

12 ‘‘(i) is less than 55 percent; and

13 ‘‘(ii) is determined under subsection

14 (f).

15 ‘‘(C) BENEFICIARIES OF PERSONS DYING

16 DURING A PERIOD OF SPECIAL ELIGIBILITY FOR

17 SBP.—In the case of the beneficiary of an annu18 ity under section 1448(d) or 1448(f) of this

19 title, the annuity shall be the amount equal to

20 55 percent of the retired pay of the person pro21 viding the annuity (as that pay is determined

22 under subsection (c)).

23 ‘‘(3) SOCIAL SECURITY OFFSET.—An annuity

24 computed under this subsection shall be reduced by

25 the lesser of the following:
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1 ‘‘(A) SOCIAL SECURITY COMPUTATION.—

2 The amount of the survivor benefit, if any, to

3 which the surviving spouse (or the former

4 spouse, in the case of a former spouse bene5 ficiary who became a former spouse under a di6 vorce that became final after November 29,

7 1989) would be entitled under title II of the So8 cial Security Act (42 U.S.C. 401 et seq.) based

9 solely upon service by the person concerned as

10 described in section 210(l)(1) of such Act (42

11 U.S.C. 410(l)(1)) and calculated assuming that

12 the person concerned lives to age 65.

13 ‘‘(B) MAXIMUM AMOUNT OF REDUC14 TION.—40 percent of the amount of the month15 ly annuity as determined under paragraph (2).

16 ‘‘(4) SPECIAL RULES FOR SOCIAL SECURITY

17 OFFSET COMPUTATION.—

18 ‘‘(A) TREATMENT OF DEDUCTIONS MADE

19 ON ACCOUNT OF WORK.—For the purpose of

20 paragraph (3), a surviving spouse (or a former

21 spouse, in the case of a person who becomes a

22 former spouse under a divorce that becomes

23 final after November 29, 1989) shall not be

24 considered as entitled to a benefit under title II

25 of the Social Security Act (42 U.S.C. 401 et
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1 seq.) to the extent that such benefit has been

2 offset by deductions under section 203 of such

3 Act (42 U.S.C. 403) on account of work.

4 ‘‘(B) TREATMENT OF CERTAIN PERIODS

5 FOR WHICH SOCIAL SECURITY REFUNDS ARE

6 MADE.—In the computation of any reduction

7 made under paragraph (3), there shall be ex8 cluded any period of service described in section

9 210(l)(1) of the Social Security Act (42 U.S.C.

10 410(l)(1))—

11 ‘‘(i) which was performed after De12 cember 1, 1980; and

13 ‘‘(ii) which involved periods of service

14 of less than 30 continuous days for which

15 the person concerned is entitled to receive

16 a refund under section 6413(c) of the In17 ternal Revenue Code of 1986 of the social

18 security tax which the person had paid.

19 ‘‘(f) DETERMINATION OF PERCENTAGES APPLICA20 BLE TO COMPUTATION OF RESERVE-COMPONENT ANNU21 ITIES.—The percentage to be applied in determining the

22 amount of an annuity computed under subsection (a)(2),

23 (b)(2), or (e)(2)(B) shall be determined under regulations

24 prescribed by the Secretary of Defense. Such regulations

25 shall be prescribed taking into consideration the following:
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1 ‘‘(1) The age of the person electing to provide

2 the annuity at the time of such election.

3 ‘‘(2) The difference in age between such person

4 and the beneficiary of the annuity.

5 ‘‘(3) Whether such person provided for the an6 nuity to become effective (in the event he died before

7 becoming 60 years of age) on the day after his death

8 or on the 60th anniversary of his birth.

9 ‘‘(4) Appropriate group annuity tables.

10 ‘‘(5) Such other factors as the Secretary consid11 ers relevant.

12 ‘‘(g) ADJUSTMENTS TO ANNUITIES.—

13 ‘‘(1) PERIODIC ADJUSTMENTS FOR COST-OF14 LIVING.—

15 ‘‘(A) INCREASES IN ANNUITIES WHEN RE16 TIRED PAY INCREASED.—Whenever retired pay

17 is increased under section 1401a of this title (or

18 any other provision of law), each annuity that

19 is payable under the Plan shall be increased at

20 the same time.

21 ‘‘(B) PERCENTAGE OF INCREASE.—The in22 crease shall, in the case of any annuity, be by

23 the same percent as the percent by which the

24 retired pay of the person providing the annuity

25 would have been increased at such time if the
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1 person were alive (and otherwise entitled to

2 such pay).

3 ‘‘(C) CERTAIN REDUCTIONS TO BE DIS4 REGARDED.—The amount of the increase shall

5 be based on the monthly annuity payable before

6 any reduction under section 1450(c) of this title

7 or under subsection (c)(2).

8 ‘‘(2) ROUNDING DOWN.—The monthly amount

9 of an annuity payable under this subchapter, if not

10 a multiple of $1, shall be rounded to the next lower

11 multiple of $1.

12 ‘‘(h) ADJUSTMENTS TO BASE AMOUNT.—

13 ‘‘(1) PERIODIC ADJUSTMENTS FOR COST-OF14 LIVING.—

15 ‘‘(A) INCREASES IN BASE AMOUNT WHEN

16 RETIRED PAY INCREASED.—Whenever retired

17 pay is increased under section 1401a of this

18 title (or any other provision of law), the base

19 amount applicable to each participant in the

20 Plan shall be increased at the same time.

21 ‘‘(B) PERCENTAGE OF INCREASE.—The in22 crease shall be by the same percent as the per23 cent by which the retired pay of the participant

24 is so increased.
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1 ‘‘(2) RECOMPUTATION AT AGE 62.—When the

2 retired pay of a person who first became a member

3 of a uniformed service on or after August 1, 1986,

4 and who is a participant in the Plan is recomputed

5 under section 1410 of this title upon the person’s

6 becoming 62 years of age, the base amount applica7 ble to that person shall be recomputed (effective on

8 the effective date of the recomputation of such re9 tired pay under section 1410 of this title) so as to

10 be the amount equal to the amount of the base

11 amount that would be in effect on that date if in12 creases in such base amount under paragraph (1)

13 had been computed as provided in paragraph (2) of

14 section 1401a(b) of this title (rather than under

15 paragraph (3) of that section).

16 ‘‘(3) DISREGARDING OF RETIRED PAY REDUC17 TIONS FOR RETIREMENT BEFORE 30 YEARS OF

18 SERVICE.—Computation of a member’s retired pay

19 for purposes of this section shall be made without

20 regard to any reduction under section 1409(b)(2) of

21 this title.

22 ‘‘(i) RECOMPUTATION OF ANNUITY FOR CERTAIN

23 BENEFICIARIES.—In the case of an annuity under the

24 Plan which is computed on the basis of the retired pay

25 of a person who would have been entitled to have that re-
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1 tired pay recomputed under section 1410 of this title upon

2 attaining 62 years of age, but who dies before attaining

3 that age, the annuity shall be recomputed, effective on the

4 first day of the first month beginning after the date on

5 which the member or former member would have attained

6 62 years of age, so as to be the amount equal to the

7 amount of the annuity that would be in effect on that date

8 if increases under subsection (h)(1) in the base amount

9 applicable to that annuity to the time of the death of the

10 member or former member, and increases in such annuity

11 under subsection (g)(1), had been computed as provided

12 in paragraph (2) of section 1401a(b) of this title (rather

13 than under paragraph (3) of that section).

14 ‘‘§ 1452. Reduction in retired pay

15 ‘‘(a) SPOUSE AND FORMER SPOUSE ANNUITIES.—

16 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

17 Except as provided in subsection (b), the retired pay

18 of a participant in the Plan who is providing spouse

19 coverage (as described in paragraph (5)) shall be re20 duced as follows:

21 ‘‘(A) STANDARD ANNUITY.—If the annuity

22 coverage being providing is a standard annuity,

23 the reduction shall be as follows:

24 ‘‘(i) DISABILITY AND NONREGULAR

25 SERVICE RETIREES.—In the case of a per-
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1 son who is entitled to retired pay under

2 chapter 61 or chapter 1223 of this title,

3 the reduction shall be in whichever of the

4 alternative reduction amounts is more fa5 vorable to that person.

6 ‘‘(ii) MEMBERS AS OF ENACTMENT OF

7 FLAT-RATE REDUCTION.—In the case of a

8 person who first became a member of a

9 uniformed service before March 1, 1990,

10 the reduction shall be in whichever of the

11 alternative reduction amounts is more fa12 vorable to that person.

13 ‘‘(iii) NEW ENTRANTS AFTER ENACT14 MENT OF FLAT-RATE REDUCTION.—In the

15 case of a person who first becomes a mem16 ber of a uniformed service on or after

17 March 1, 1990, and who is entitled to re18 tired pay under a provision of law other

19 than chapter 61 or chapter 1223 of this

20 title, the reduction shall be in an amount

equal to 61 21 ⁄2 percent of the base amount.

22 ‘‘(iv) ALTERNATIVE REDUCTION

23 AMOUNTS.—For purposes of clauses (i)

24 and (ii), the alternative reduction amounts

25 are the following:
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1 ‘‘(I) FLAT-RATE REDUCTION.—

An amount equal to 61 2 ⁄2 percent of

3 the base amount.

4 ‘‘(II) AMOUNT UNDER PRE-FLAT5 RATE REDUCTION.—An amount equal

to 21 6 ⁄2 percent of the first $421 (as

7 adjusted under paragraph (4)) of the

8 base amount plus 10 percent of the

9 remainder of the base amount.

10 ‘‘(B) RESERVE-COMPONENT ANNUITY.—If

11 the annuity coverage being provided is a re12 serve-component annuity, the reduction shall be

13 in whichever of the following amounts is more

14 favorable to that person:

15 ‘‘(i) FLAT-RATE REDUCTION.—An

amount equal to 61 16 ⁄2 percent of the base

17 amount plus an amount determined in ac18 cordance with regulations prescribed by the

19 Secretary of Defense as a premium for the

20 additional coverage provided through re21 serve-component annuity coverage under

22 the Plan.

23 ‘‘(ii) AMOUNT UNDER PRE-FLAT-RATE

REDUCTION.—An amount equal to 21 24 ⁄2

25 percent of the first $421 (as adjusted
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1 under paragraph (4)) of the base amount

2 plus 10 percent of the remainder of the

3 base amount plus an amount determined

4 in accordance with regulations prescribed

5 by the Secretary of Defense as a premium

6 for the additional coverage provided

7 through reserve-component annuity cov8 erage under the Plan.

9 ‘‘(2) ADDITIONAL REDUCTION FOR CHILD COV10 ERAGE.—If there is a dependent child as well as a

11 spouse or former spouse, the amount prescribed

12 under paragraph (1) shall be increased by an

13 amount prescribed under regulations of the Sec14 retary of Defense.

15 ‘‘(3) NO REDUCTION WHEN NO BENEFICIARY.—

16 The reduction in retired pay prescribed by para17 graph (1) shall not be applicable during any month

18 in which there is no eligible spouse or former spouse

19 beneficiary.

20 ‘‘(4) PERIODIC ADJUSTMENTS.—

21 ‘‘(A) ADJUSTMENTS FOR INCREASES IN

22 RATES OF BASIC PAY.—Whenever there is an

23 increase in the rates of basic pay of members

24 of the uniformed services effective after Janu25 ary 1, 1996, the amounts under paragraph (1)
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1 with respect to which the percentage factor of

21 2 ⁄2 is applied shall be increased by the overall

3 percentage of such increase in the rates of basic

4 pay. The increase under the preceding sentence

5 shall apply only with respect to persons whose

6 retired pay is computed based on the rates of

7 basic pay in effect on or after the date of such

8 increase in rates of basic pay.

9 ‘‘(B) ADJUSTMENTS FOR RETIRED PAY

10 COLAS.—In addition to the increase under sub11 paragraph (A), the amounts under paragraph

12 (1) with respect to which the percentage factor

of 21 13 ⁄2 is applied shall be further increased at

14 the same time and by the same percentage as

15 an increase in retired pay under section 1401a

16 of this title effective after January 1, 1996.

17 Such increase under the preceding sentence

18 shall apply only with respect to a person who

19 initially participates in the Plan on a date

20 which is after both the effective date of such in21 crease under section 1401a and the effective

22 date of the rates of basic pay upon which that

23 person’s retired pay is computed.

24 ‘‘(5) SPOUSE COVERAGE DESCRIBED.—For the

25 purposes of paragraph (1), a participant in the Plan
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1 who is providing spouse coverage is a participant

2 who—

3 ‘‘(A) has (i) a spouse or former spouse, or

4 (ii) a spouse or former spouse and a dependent

5 child; and

6 ‘‘(B) has not elected to provide an annuity

7 to a person designated by him under section

8 1448(b)(1) of this title or, having made such an

9 election, has changed his election in favor of his

10 spouse under section 1450(f) of this title.

11 ‘‘(b) CHILD-ONLY ANNUITIES.—

12 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

13 The retired pay of a participant in the Plan who is

14 providing child-only coverage (as described in para15 graph (4)) shall be reduced by an amount prescribed

16 under regulations by the Secretary of Defense.

17 ‘‘(2) NO REDUCTION WHEN NO CHILD.—There

18 shall be no reduction in retired pay under paragraph

19 (1) for any month during which the participant has

20 no eligible dependent child.

21 ‘‘(3) SPECIAL RULE FOR CERTAIN RCSBP PAR22 TICIPANTS.—In the case of a participant in the Plan

23 who is participating in the Plan under an election

24 under section 1448(a)(2)(B) of this title and who

25 provided child-only coverage during a period before
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1 the participant becomes entitled to receive retired

2 pay, the retired pay of the participant shall be re3 duced by an amount prescribed under regulations by

4 the Secretary of Defense to reflect the coverage pro5 vided under the Plan during the period before the

6 participant became entitled to receive retired pay. A

7 reduction under this paragraph is in addition to any

8 reduction under paragraph (1) and is made without

9 regard to whether there is an eligible dependent

10 child during a month for which the reduction is

11 made.

12 ‘‘(4) CHILD-ONLY COVERAGE DEFINED.—For

13 the purposes of this subsection, a participant in the

14 Plan who is providing child-only coverage is a partic15 ipant who has a dependent child and who—

16 ‘‘(A) does not have an eligible spouse or

17 former spouse; or

18 ‘‘(B) has a spouse or former spouse but

19 has elected to provide an annuity for dependent

20 children only.

21 ‘‘(c) REDUCTION FOR INSURABLE INTEREST COV22 ERAGE.—

23 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

24 The retired pay of a person who has elected to pro25 vide an annuity to a person designated by him under
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1 section 1450(a)(4) of this title shall be reduced as

2 follows:

3 ‘‘(A) STANDARD ANNUITY.—In the case of

4 a person providing a standard annuity, the re5 duction shall be by 10 percent plus 5 percent

6 for each full five years the individual designated

7 is younger than that person.

8 ‘‘(B) RESERVE COMPONENT ANNUITY.—In

9 the case of a person providing a reserve-compo10 nent annuity, the reduction shall be by an

11 amount prescribed under regulations of the Sec12 retary of Defense.

13 ‘‘(2) LIMITATION ON TOTAL REDUCTION.—The

14 total reduction under paragraph (1) may not exceed

15 40 percent.

16 ‘‘(3) DURATION OF REDUCTION.—The reduc17 tion in retired pay prescribed by this subsection shall

18 continue during the lifetime of the person designated

19 under section 1450(a)(4) of this title or until the

20 person receiving retired pay changes his election

21 under section 1450(f) of this title.

22 ‘‘(4) RULE FOR COMPUTATION.—Computation

23 of a member’s retired pay for purposes of this sub24 section shall be made without regard to any reduc25 tion under section 1409(b)(2) of this title.
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1 ‘‘(d) DEPOSITS TO COVER PERIODS WHEN RETIRED

2 PAY NOT PAID.—

3 ‘‘(1) REQUIRED DEPOSITS.—If a person who

4 has elected to participate in the Plan has been

5 awarded retired pay and is not entitled to that pay

6 for any period, that person must deposit in the

7 Treasury the amount that would otherwise have

8 been deducted from his pay for that period.

9 ‘‘(2) DEPOSITS NOT REQUIRED WHEN PARTICI10 PANT ON ACTIVE DUTY.—Paragraph (1) does not

11 apply to a person with respect to any period when

12 that person is on active duty under a call or order

13 to active duty for a period of more than 30 days.

14 ‘‘(e) DEPOSITS NOT REQUIRED FOR CERTAIN PAR15 TICIPANTS IN CSRS.—When a person who has elected to

16 participate in the Plan waives that person’s retired pay

17 for the purposes of subchapter III of chapter 83 of title

18 5, that person shall not be required to make the deposit

19 otherwise required by subsection (d) as long as that waiver

20 is in effect unless, in accordance with section 8339(i) of

21 title 5, that person has notified the Office of Personnel

22 Management that he does not desire a spouse surviving

23 him to receive an annuity under section 8331(b) of title

24 5.

25 ‘‘(f) REFUNDS OF DEDUCTIONS NOT ALLOWED.—
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1 ‘‘(1) GENERAL RULE.—A person is not entitled

2 to refund of any amount deducted from retired pay

3 under this section.

4 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

5 apply—

6 ‘‘(A) in the case of a refund authorized by

7 section 1450(e) of this title; or

8 ‘‘(B) in case of a deduction made through

9 administrative error.

10 ‘‘(g) DISCONTINUATION OF PARTICIPATION BY PAR11 TICIPANTS WHOSE SURVIVING SPOUSES WILL BE ENTI12 TLED TO DIC.—

13 ‘‘(1) DISCONTINUATION.—

14 ‘‘(A) CONDITIONS.—Notwithstanding any

15 other provision of this subchapter but subject to

16 paragraphs (2) and (3), a person who has elect17 ed to participate in the Plan and who is suffer18 ing from a service-connected disability rated by

19 the Secretary of Veterans Affairs as totally dis20 abling and has suffered from such disability

21 while so rated for a continuous period of 10 or

22 more years (or, if so rated for a lesser period,

23 has suffered from such disability while so rated

24 for a continuous period of not less than 5 years

25 from the date of such person’s last discharge or
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1 release from active duty) may discontinue par2 ticipation in the Plan by submitting to the Sec3 retary concerned a request to discontinue par4 ticipation in the Plan.

5 ‘‘(B) EFFECTIVE DATE.—Participation in

6 the Plan of a person who submits a request

7 under subparagraph (A) shall be discontinued

8 effective on the first day of the first month fol9 lowing the month in which the request under

10 subparagraph (A) is received by the Secretary

11 concerned. Effective on such date, the Secretary

12 concerned shall discontinue the reduction being

13 made in such person’s retired pay on account of

14 participation in the Plan or, in the case of a

15 person who has been required to make deposits

16 in the Treasury on account of participation in

17 the Plan, such person may discontinue making

18 such deposits effective on such date.

19 ‘‘(C) FORM FOR REQUEST FOR DIS20 CONTINUATION.—Any request under this para21 graph to discontinue participation in the Plan

22 shall be in such form and shall contain such in23 formation as the Secretary concerned may re24 quire by regulation.
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1 ‘‘(2) CONSENT OF BENEFICIARIES REQUIRED.—

2 A person described in paragraph (1) may not dis3 continue participation in the Plan under such para4 graph without the written consent of the beneficiary

5 or beneficiaries of such person under the Plan.

6 ‘‘(3) INFORMATION ON PLAN TO BE PROVIDED

7 BY SECRETARY CONCERNED.—

8 ‘‘(A) INFORMATION TO BE PROVIDED

9 PROMPTLY TO PARTICIPANT.—The Secretary

10 concerned shall furnish promptly to each person

11 who files a request under paragraph (1) to dis12 continue participation in the Plan a written

13 statement of the advantages of participating in

14 the Plan and the possible disadvantages of dis15 continuing participation.

16 ‘‘(B) RIGHT TO WITHDRAW DISCONTINU17 ATION REQUEST.—A person may withdraw a re18 quest made under paragraph (1) if it is with19 drawn within 30 days after having been submit20 ted to the Secretary concerned.

21 ‘‘(4) REFUND OF DEDUCTIONS FROM RETIRED

22 PAY.—Upon the death of a person described in para23 graph (1) who discontinued participation in the Plan

24 in accordance with this subsection, any amount de25 ducted from the retired pay of that person under
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1 this section shall be refunded to the person’s surviv2 ing spouse.

3 ‘‘(5) RESUMPTION OF PARTICIPATION IN

4 PLAN.—

5 ‘‘(A) CONDITIONS FOR RESUMPTION.—A

6 person described in paragraph (1) who discon7 tinued participation in the Plan may elect to

8 participate again in the Plan if—

9 ‘‘(i) after having discontinued partici10 pation in the Plan the Secretary of Veter11 ans Affairs reduces that person’s service12 connected disability rating to a rating of

13 less than total; and

14 ‘‘(ii) that person applies to the Sec15 retary concerned, within such period of

16 time after the reduction in such person’s

17 service-connected disability rating has been

18 made as the Secretary concerned may pre19 scribe, to again participate in the Plan and

20 includes in such application such informa21 tion as the Secretary concerned may re22 quire.

23 ‘‘(B) EFFECTIVE DATE OF RESUMED COV24 ERAGE.—Such person’s participation in the

25 Plan under this paragraph is effective begin-
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1 ning on the first day of the month after the

2 month in which the Secretary concerned re3 ceives the application for resumption of partici4 pation in the Plan.

5 ‘‘(C) RESUMPTION OF CONTRIBUTIONS.—

6 When a person elects to participate in the Plan

7 under this paragraph, the Secretary concerned

8 shall begin making reductions in that person’s

9 retired pay, or require such person to make de10 posits in the Treasury under subsection (d), as

11 appropriate, effective on the effective date of

12 such participation under subparagraph (B).

13 ‘‘(h) INCREASES IN REDUCTION WITH INCREASES IN

14 RETIRED PAY.—Whenever retired pay is increased under

15 section 1401a of this title (or any other provision of law),

16 the amount of the reduction to be made under subsection

17 (a) or (b) in the retired pay of any person shall be in18 creased at the same time and by the same percentage as

19 such retired pay is so increased.

20 ‘‘(i) RECOMPUTATION OF REDUCTION UPON RECOM21 PUTATION OF RETIRED PAY.—When the retired pay of

22 a person who first became a member of a uniformed serv23 ice on or after August 1, 1986, and who is a participant

24 in the Plan is recomputed under section 1410 of this title

25 upon the person’s becoming 62 years of age, the amount
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1 of the reduction in such retired pay under this section

2 shall be recomputed (effective on the effective date of the

3 recomputation of such retired pay under section 1410 of

4 this title) so as to be the amount equal to the amount

5 of such reduction that would be in effect on that date if

6 increases in such retired pay under section 1401a(b) of

7 this title, and increases in reductions in such retired pay

8 under subsection (h), had been computed as provided in

9 paragraph (2) of section 1401a(b) of this title (rather than

10 under paragraph (3) of that section).

11 ‘‘§ 1453. Recovery of amounts erroneously paid

12 ‘‘(a) RECOVERY.—In addition to any other method

13 of recovery provided by law, the Secretary concerned may

14 authorize the recovery of any amount erroneously paid to

15 a person under this subchapter by deduction from later

16 payments to that person.

17 ‘‘(b) AUTHORITY TO WAIVE RECOVERY.—Recovery

18 of an amount erroneously paid to a person under this sub19 chapter is not required if, in the judgment of the Secretary

20 concerned and the Comptroller General—

21 ‘‘(1) there has been no fault by the person to

22 whom the amount was erroneously paid; and

23 ‘‘(2) recovery of such amount would be contrary

24 to the purposes of this subchapter or against equity

25 and good conscience.
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1 ‘‘§ 1454. Correction of administrative errors

2 ‘‘(a) AUTHORITY.—The Secretary concerned may,

3 under regulations prescribed under section 1455 of this

4 title, correct or revoke any election under this subchapter

5 when the Secretary considers it necessary to correct an

6 administrative error.

7 ‘‘(b) FINALITY.—Except when procured by fraud, a

8 correction or revocation under this section is final and con9 clusive on all officers of the United States.

10 ‘‘§ 1455. Regulations

11 ‘‘(a) IN GENERAL.—The President shall prescribe

12 regulations to carry out this subchapter. Those regulations

13 shall, so far as practicable, be uniform for the uniformed

14 services.

15 ‘‘(b) NOTICE OF ELECTIONS.—Regulations pre16 scribed under this section shall provide that before the

17 date on which a member becomes entitled to retired pay—

18 ‘‘(1) if the member is married, the member and

19 the member’s spouse shall be informed of the elec20 tions available under section 1448(a) of this title

21 and the effects of such elections; and

22 ‘‘(2) if the notification referred to in section

23 1448(a)(3)(E) of this title is required, any former

24 spouse of the member shall be informed of the elec25 tions available and the effects of such elections.
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1 ‘‘(c) PROCEDURE FOR DEPOSITING CERTAIN RE2 CEIPTS.—Regulations prescribed under this section shall

3 establish procedures for depositing the amounts referred

4 to in sections 1448(g), 1450(k)(2), and 1452(d) of this

5 title.

6 ‘‘(d) PAYMENTS TO GUARDIANS AND FIDUCIARIES.—

7 ‘‘(1) IN GENERAL.—Regulations prescribed

8 under this section shall provide procedures for the

9 payment of an annuity under this subchapter in the

10 case of—

11 ‘‘(A) a person for whom a guardian or

12 other fiduciary has been appointed; and

13 ‘‘(B) a minor, mentally incompetent, or

14 otherwise legally disabled person for whom a

15 guardian or other fiduciary has not been ap16 pointed.

17 ‘‘(2) AUTHORIZED PROCEDURES.—The regula18 tions under paragraph (1) may include provisions for

19 the following:

20 ‘‘(A) In the case of an annuitant referred

21 to in paragraph (1)(A), payment of the annuity

22 to the appointed guardian or other fiduciary.

23 ‘‘(B) In the case of an annuitant referred

24 to in paragraph (1)(B), payment of the annuity

25 to any person who, in the judgment of the Sec-
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1 retary concerned, is responsible for the care of

2 the annuitant.

3 ‘‘(C) Subject to subparagraphs (D) and

4 (E), a requirement for the payee of an annuity

5 to spend or invest the amounts paid on behalf

6 of the annuitant solely for benefit of the annu7 itant.

8 ‘‘(D) Authority for the Secretary concerned

9 to permit the payee to withhold from the annu10 ity payment such amount, not in excess of 4

11 percent of the annuity, as the Secretary con12 cerned considers a reasonable fee for the fidu13 ciary services of the payee when a court ap14 pointment order provides for payment of such a

15 fee to the payee for such services or the Sec16 retary concerned determines that payment of a

17 fee to such payee is necessary in order to obtain

18 the fiduciary services of the payee.

19 ‘‘(E) Authority for the Secretary concerned

20 to require the payee to provide a surety bond in

21 an amount sufficient to protect the interests of

22 the annuitant and to pay for such bond out of

23 the annuity.

24 ‘‘(F) A requirement for the payee of an

25 annuity to maintain and, upon request, to pro-
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1 vide to the Secretary concerned an accounting

2 of expenditures and investments of amounts

3 paid to the payee.

4 ‘‘(G) In the case of an annuitant referred

5 to in paragraph (1)(B)—

6 ‘‘(i) procedures for determining in7 competency and for selecting a payee to

8 represent the annuitant for the purposes of

9 this section, including provisions for notify10 ing the annuitant of the actions being

11 taken to make such a determination and to

12 select a representative payee, an oppor13 tunity for the annuitant to review the evi14 dence being considered, and an opportunity

15 for the annuitant to submit additional evi16 dence before the determination is made;

17 and

18 ‘‘(ii) standards for determining incom19 petency, including standards for determin20 ing the sufficiency of medical evidence and

21 other evidence.

22 ‘‘(H) Provisions for any other matter that

23 the President considers appropriate in connec24 tion with the payment of an annuity in the case

25 of a person referred to in paragraph (1).
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1 ‘‘(3) LEGAL EFFECT OF PAYMENT TO GUARD2 IAN OR FIDUCIARY.—An annuity paid to a person on

3 behalf of an annuitant in accordance with the regu4 lations prescribed pursuant to paragraph (1) dis5 charges the obligation of the United States for pay6 ment to the annuitant of the amount of the annuity

7 so paid.’’.

8 Subtitle E—Other Matters

9 SEC. 651. TECHNICAL CORRECTION CLARIFYING ABILITY

10 OF CERTAIN MEMBERS TO ELECT NOT TO OC11 CUPY GOVERNMENT QUARTERS.

12 Effective July 1, 1996, section 403(b)(3) of title 37,

13 United States Code, is amended by striking out ‘‘A mem14 ber’’ and inserting in lieu thereof ‘‘Subject to the provi15 sions of subsection (j), a member’’.

16 SEC. 652. TECHNICAL CORRECTION CLARIFYING LIMITA17 TION ON FURNISHING CLOTHING OR ALLOW18 ANCES FOR ENLISTED NATIONAL GUARD

19 TECHNICIANS.

20 Section 418(c) of title 37, United States Code, is

21 amended by striking out ‘‘for which a uniform allowance

22 is paid under section 415 or 416 of this title’’, and insert23 ing in lieu thereof ‘‘for which clothing is furnished or a

24 uniform allowance is paid under this section’’.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 Subtitle A—Health Care Services

4 SEC. 701. MEDICAL AND DENTAL CARE FOR RESERVE COM5 PONENT MEMBERS IN A DUTY STATUS.

6 (a) AVAILABILITY OF MEDICAL AND DENTAL

7 CARE.—(1) Section 1074a of title 10, United States Code,

8 is amended to read as follows:

9 ‘‘§ 1074a. Medical and dental care: reserve component

10 members in a duty status

11 ‘‘(a) HEALTH CARE DESCRIBED.—A person de12 scribed in subsection (b) is entitled to the medical and

13 dental care appropriate for the treatment of the injury,

14 illness, or disease of the person until the person completes

15 treatment and is physically able to resume the military

16 duties of the person or has completed processing in ac17 cordance with chapter 61 of this title.

18 ‘‘(b) MEMBERS ENTITLED TO CARE.—Under joint

19 regulations prescribed by the administering Secretaries,

20 the following persons are entitled to the benefits described

21 in this section:

22 ‘‘(1) Each member of a reserve component who

23 incurs or aggravates an injury, illness, or disease in

24 the line of duty while performing—
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1 ‘‘(A) active duty, including active duty for

2 training and annual training duty, or full-time

3 National Guard duty; or

4 ‘‘(B) inactive-duty training, regardless of

5 whether the member is in a pay or nonpay sta6 tus.

7 ‘‘(2) Each member of a reserve component who

8 incurs or aggravates an injury, illness, or disease

9 while traveling directly to or from the place at which

10 that member is to perform or has performed—

11 ‘‘(A) active duty, including active duty for

12 training and annual training duty, or full-time

13 National Guard duty, or

14 ‘‘(B) inactive-duty training, regardless of

15 whether the member is in a pay or nonpay sta16 tus.

17 ‘‘(3) Each member of a reserve component who

18 incurs or aggravates an injury, illness, or disease in

19 the line of duty while remaining overnight, between

20 successive periods of inactive-duty training, at or in

21 the vicinity of the site of the inactive-duty training,

22 if the site of inactive-duty training is outside reason23 able commuting distance from the member’s resi24 dence.
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1 ‘‘(c) ADDITIONAL BENEFITS.—(1) At the request of

2 a person described in paragraph (1)(A) or (2)(A) of sub3 section (b), the person may continue on active duty or full4 time National Guard duty during any period of hos5 pitalization resulting from the injury, illness, or disease.

6 ‘‘(2) A person described in subsection (b) is entitled

7 to the pay and allowances authorized in accordance with

8 subsections (g) and (h) of section 204 of title 37.

9 ‘‘(d) LIMITATION.—A person described in subsection

10 (b) is not entitled to benefits under this section if the in11 jury, illness, or disease, or aggravation of the injury, ill12 ness, or disease, is the result of the gross negligence or

13 misconduct of the person.’’.

14 (2) The item relating to such section in the table of

15 sections at the beginning of chapter 55 of title 10, United

16 States Code, is amended to read as follows:

‘‘1074a. Medical and dental care: reserve component members in a duty status.’’.

17 (b) ANNUAL MEDICAL AND DENTAL SCREENINGS

18 AND CARE FOR CERTAIN SELECTED RESERVE MEM19 BERS.—Section 10206 of title 10, United States Code, is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(c)(1) The Secretary of the Army shall provide to

23 members of the Selected Reserve of the Army who are as24 signed to units scheduled for deployment within 75 days
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1 after mobilization the following medical and dental serv2 ices:

3 ‘‘(A) An annual medical screening.

4 ‘‘(B) For members who are over 40 years of

5 age, a full physical examination not less often than

6 once every two years.

7 ‘‘(C) An annual dental screening.

8 ‘‘(D) The dental care identified in an annual

9 dental screening as required to ensure that a mem10 ber meets the dental standards required for deploy11 ment in the event of mobilization.

12 ‘‘(2) The services provided under this subsection shall

13 be provided at no cost to the member.’’.

14 SEC. 702. PREVENTIVE HEALTH CARE SCREENING FOR

15 COLON AND PROSTATE CANCER.

16 (a) MEMBERS AND FORMER MEMBERS.—(1) Sub17 section (a) of section 1074d of title 10, United States

18 Code, is amended—

19 (A) by inserting ‘‘(1)’’ before ‘‘Female’’; and

20 (B) by adding at the end the following new

21 paragraph:

22 ‘‘(2) Male members and former members of the uni23 formed services entitled to medical care under section

24 1074 or 1074a of this title shall also be entitled to preven25 tive health care screening for colon or prostate cancer at
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1 such intervals and using such screening methods as the

2 administering Secretaries consider appropriate.’’.

3 (2)(A) The heading of such section is amended to

4 read as follows:

5 ‘‘§ 1074d. Primary and preventive health care serv6 ices

7 (B) The item relating to such section in the table of

8 sections at the beginning of chapter 55 of such title is

9 amended to read as follows:

‘‘1074d. Primary and preventive health care services.’’.

10 (b) DEPENDENTS.—(1) Section 1077(a) of such title

11 is amended by adding at the end the following new para12 graph:

13 ‘‘(14) Preventive health care screening for colon

14 or prostate cancer at the intervals and using the

15 screening methods prescribed under section

16 1074d(a)(2) of this title.’’.

17 (2) Section 1079(a)(2) of such title is amended—

18 (A) in the matter preceding subparagraph (A),

19 by inserting ‘‘the schedule and method of colon and

20 prostate cancer screenings,’’ after ‘‘pap smears and

21 mammograms,’’; and

22 (B) in subparagraph (B), by inserting ‘‘or colon

23 and prostate cancer screenings’’ after ‘‘pap smears

24 and mammograms’’.
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1 Subtitle B—TRICARE Program

2 SEC. 711. DEFINITION OF TRICARE PROGRAM.

3 For purposes of this subtitle, the term ‘‘TRICARE

4 program’’ means the managed health care program that

5 is established by the Secretary of Defense under the au6 thority of chapter 55 of title 10, United States Code, prin7 cipally section 1097 of such title, and includes the com8 petitive selection of contractors to financially underwrite

9 the delivery of health care services under the Civilian

10 Health and Medical Program of the Uniformed Services.

11 SEC. 712. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME

12 ENROLLEES.

13 Section 1079(h)(4) of title 10, United States Code,

14 is amended in the second sentence by striking ‘‘emer15 gency’’.

16 SEC. 713. IMPROVED INFORMATION EXCHANGE BETWEEN

17 MILITARY TREATMENT FACILITIES AND

18 TRICARE PROGRAM CONTRACTORS.

19 (a) UNIFORM INTERFACES.—With respect to the

20 automated medical information system being developed by

21 the Department of Defense and known as the Composite

22 Health Care System, the Secretary of Defense shall ensure

23 that the Composite Health Care System provides for uni24 form interfaces between information systems of military

25 treatment facilities and private contractors under man-
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1 aged care programs of the TRICARE program. The uni2 form interface shall provide for a full electronic two-way

3 exchange of health care information between the military

4 treatment facilities and contractor information systems,

5 including enrollment information, information regarding

6 eligibility determinations, provider network information,

7 appointment information, and information regarding the

8 existence of third-party payers.

9 (b) AMENDMENT OF EXISTING CONTRACTS.—To as10 sure a single consistent source of information throughout

11 the health care delivery system of the uniformed services,

12 the Secretary of Defense shall amend each TRICARE pro13 gram contract, with the consent of the TRICARE pro14 gram contractor and notwithstanding any requirement for

15 competition, to require the contractor—

16 (1) to use software furnished under the Com17 posite Health Care System to record military treat18 ment facility provider appointments; and

19 (2) to record TRICARE program enrollment

20 through direct use of the Composite Health Care

21 System software or through the uniform two-way

22 interface between the contractor and military treat23 ment facilities systems, where applicable.

24 (c) PHASED IMPLEMENTATION.—The Secretary of

25 Defense shall test the uniform version of the Composite
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1 Health Care System required under subsection (a) in one

2 region of the TRICARE program for six months before

3 deploying the information system throughout the health

4 care delivery system of the uniformed services.

5 Subtitle C—Uniformed Services

6 Treatment Facilities

7 SEC. 721. DEFINITIONS.

8 In this subtitle:

9 (1) The term ‘‘administering Secretaries’’

10 means the Secretary of Defense, the Secretary of

11 Transportation, and the Secretary of Health and

12 Human Services.

13 (2) The term ‘‘agreement’’ means the agree14 ment required under section 722(b) between the Sec15 retary of Defense and a designated provider.

16 (3) The term ‘‘capitation payment’’ means an

17 actuarially sound payment for a defined set of health

18 care services that is established on a per enrollee per

19 month basis.

20 (4) The term ‘‘covered beneficiary’’ means a

21 beneficiary under chapter 55 of title 10, United

22 States Code, other than a beneficiary under section

23 1074(a) of such title.

24 (5) The term ‘‘designated provider’’ means a

25 public or nonprofit private entity that was a trans-
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1 feree of a Public Health Service hospital or other

2 station under section 987 of the Omnibus Budget

3 Reconciliation Act of 1981 (Public Law 97–35; 95

4 Stat. 603) and that, before the date of the enact5 ment of this Act, was deemed to be a facility of the

6 uniformed services for the purposes of chapter 55 of

7 title 10, United States Code. The term includes any

8 legal successor in interest of the transferee.

9 (6) The term ‘‘enrollee’’ means a covered bene10 ficiary who enrolls with a designated provider.

11 (7) The term ‘‘health care services’’ means the

12 health care services provided under the health plan

13 known as the TRICARE PRIME option under the

14 TRICARE program.

15 (8) The term ‘‘Secretary’’ means the Secretary

16 of Defense.

17 (9) The term ‘‘TRICARE program’’ means the

18 managed health care program that is established by

19 the Secretary of Defense under the authority of

20 chapter 55 of title 10, United States Code, prin21 cipally section 1097 of such title, and includes the

22 competitive selection of contractors to financially un23 derwrite the delivery of health care services under

24 the Civilian Health and Medical Program of the

25 Uniformed Services.
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1 SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNI2 FORMED SERVICES HEALTH CARE DELIVERY

3 SYSTEM.

4 (a) INCLUSION IN SYSTEM.—The health care delivery

5 system of the uniformed services shall include the des6 ignated providers.

7 (b) AGREEMENTS TO PROVIDE MANAGED HEALTH

8 CARE SERVICES.—(1) After consultation with the other

9 administering Secretaries, the Secretary of Defense shall

10 negotiate and enter into an agreement with each des11 ignated provider, under which the designated provider will

12 provide managed health care services to covered bene13 ficiaries who enroll with the designated provider.

14 (2) The agreement shall be entered into on a sole

15 source basis. The Federal Acquisition Regulation, except

16 for those requirements regarding competition, issued pur17 suant to section 25(c) of the Office of Federal Procure18 ment Policy Act (41 U.S.C. 421(c)) shall apply to the

19 agreements as acquisitions of commercial items.

20 (3) The implementation of an agreement is subject

21 to availability of funds for such purpose.

22 (c) EFFECTIVE DATE OF AGREEMENTS.—(1) Unless

23 an earlier effective date is agreed upon by the Secretary

24 and the designated provider, the agreement shall take ef25 fect upon the later of the following:
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1 (A) The date on which a managed care support

2 contract under the TRICARE program is imple3 mented in the service area of the designated pro4 vider.

5 (B) October 1, 1997.

6 (2) Notwithstanding paragraph (1), the designated

7 provider whose service area includes Seattle, Washington,

8 shall implement its agreement as soon as the agreement

9 permits.

10 (d) TEMPORARY CONTINUATION OF EXISTING PAR11 TICIPATION AGREEMENTS.—The Secretary shall extend

12 the participation agreement of a designated provider in ef13 fect immediately before the date of the enactment of this

14 Act under section 718(c) of the National Defense Author15 ization Act for Fiscal Year 1991 (Public Law 101–510;

16 104 Stat. 1587) until the agreement required by this sec17 tion takes effect under subsection (c).

18 (e) SERVICE AREA.—The Secretary may not reduce

19 the size of the service area of a designated provider below

20 the size of the service area in effect as of September 30,

21 1996.

22 (f) COMPLIANCE WITH ADMINISTRATIVE REQUIRE23 MENTS.—(1) Unless otherwise agreed upon by the Sec24 retary and a designated provider, the designated provider

25 shall comply with necessary and appropriate administra-
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1 tive requirements established by the Secretary for other

2 providers of health care services and requirements estab3 lished by the Secretary of Health and Human Services for

4 risk-sharing contractors under section 1876 of the Social

5 Security Act (42 U.S.C. 1395mm). The Secretary and the

6 designated provider shall determine and apply only such

7 administrative requirements as are minimally necessary

8 and appropriate. A designated provider shall not be re9 quired to comply with a law or regulation of a State gov10 ernment requiring licensure as a health insurer or health

11 maintenance organization.

12 (2) A designated provider may not contract out more

13 than five percent of its primary care enrollment without

14 the approval of the Secretary, except in the case of pri15 mary care contracts between a designated provider and a

16 primary care contractor in force on the date of the enact17 ment of this Act.

18 SEC. 723. PROVISION OF UNIFORM BENEFIT BY DES19 IGNATED PROVIDERS.

20 (a) UNIFORM BENEFIT REQUIRED.—A designated

21 provider shall offer to enrollees the health benefit option

22 prescribed and implemented by the Secretary under sec23 tion 731 of the National Defense Authorization Act for

24 Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 1073

25 note), including accompanying cost-sharing requirements.
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1 (b) TIME FOR IMPLEMENTATION OF BENEFIT.—A

2 designated provider shall offer the health benefit option

3 described in subsection (a) to enrollees upon the later of

4 the following:

5 (1) The date on which health care services with6 in the health care delivery system of the uniformed

7 services are rendered through the TRICARE pro8 gram in the region in which the designated provider

9 operates.

10 (2) October 1, 1997.

11 (c) ADJUSTMENTS.—The Secretary may establish a

12 later date under subsection (b)(2) or prescribe reduced

13 cost-sharing requirements for enrollees.

14 SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.

15 (a) FISCAL YEAR 1997 LIMITATION.—(1) During fis16 cal year 1997, the number of covered beneficiaries who

17 are enrolled in managed care plans offered by designated

18 providers may not exceed the number of such enrollees as

19 of October 1, 1995.

20 (2) The Secretary may waive the limitation under

21 paragraph (1) if the Secretary determines that additional

22 enrollment authority for a designated provider is required

23 to accommodate covered beneficiaries who are dependents

24 of members of the uniformed services entitled to health

25 care under section 1074(a) of title 10, United States Code.
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1 (b) PERMANENT LIMITATION.—For each fiscal year

2 after fiscal year 1997, the number of enrollees in managed

3 care plans offered by designated providers may not exceed

4 110 percent of the number of such enrollees as of the first

5 day of the immediately preceding fiscal year. The Sec6 retary may waive this limitation as provided in subsection

7 (a)(2).

8 (c) RETENTION OF CURRENT ENROLLEES.—An en9 rollee in the managed care program of a designated pro10 vider as of September 30, 1997, or such earlier date as

11 the designated provider and the Secretary may agree

12 upon, shall continue receiving services from the designated

13 provider pursuant to the agreement entered into under

14 section 722 unless the enrollee disenrolls from the des15 ignated provider. Except as provided in subsection (e), the

16 administering Secretaries may not disenroll such an en17 rollee unless the disenrollment is agreed to by the Sec18 retary and the designated provider.

19 (d) ADDITIONAL ENROLLMENT AUTHORITY.—Other

20 covered beneficiaries may also receive health care services

21 from a designated provider, except that the designated

22 provider may market such services to, and enroll, only

23 those covered beneficiaries who—

24 (1) do not have other primary health insurance

25 coverage (other than medicare coverage) covering
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1 basic primary care and inpatient and outpatient

2 services; or

3 (2) are enrolled in the direct care system under

4 the TRICARE program, regardless of whether the

5 covered beneficiaries were users of the health care

6 delivery system of the uniformed services in prior

7 years.

8 (e) SPECIAL RULE FOR MEDICARE-ELIGIBLE BENE9 FICIARIES.—If a covered beneficiary who desires to enroll

10 in the managed care program of a designated provider is

11 also entitled to hospital insurance benefits under part A

12 of title XVIII of the Social Security Act (42 U.S.C. 1395c

13 et seq.), the covered beneficiary shall elect whether to re14 ceive health care services as an enrollee or under part A

15 of title XVIII of the Social Security Act. The Secretary

16 may disenroll an enrollee who subsequently violates the

17 election made under this subsection and receives benefits

18 under part A of title XVIII of the Social Security Act.

19 (f) INFORMATION REGARDING ELIGIBLE COVERED

20 BENEFICIARIES.—The Secretary shall provide, in a timely

21 manner, a designated provider with an accurate list of cov22 ered beneficiaries within the marketing area of the des23 ignated provider to whom the designated provider may

24 offer enrollment.
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1 SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.

2 (a) APPLICATION OF PAYMENT RULES.—Subject to

3 subsection (b), the Secretary shall require a private facility

4 or health care provider that is a health care provider under

5 the Civilian Health and Medical Program of the Uni6 formed Services to apply the payment rules described in

7 section 1074(c) of title 10, United States Code, in impos8 ing charges for health care that the private facility or pro9 vider provides to enrollees of a designated provider.

10 (b) AUTHORIZED ADJUSTMENTS.—The payment

11 rules imposed under subsection (a) shall be subject to such

12 modifications as the Secretary considers appropriate. The

13 Secretary may authorize a lower rate than the maximum

14 rate that would otherwise apply under subsection (a) if

15 the lower rate is agreed to by the designated provider and

16 the private facility or health care provider.

17 (c) REGULATIONS.—The Secretary shall prescribe

18 regulations to implement this section after consultation

19 with the other administering Secretaries.

20 (d) CONFORMING AMENDMENT.—Section 1074 of

21 title 10, United States Code, is amended by striking out

22 subsection (d).

23 SEC. 726. PAYMENTS FOR SERVICES.

24 (a) FORM OF PAYMENT.—Unless otherwise agreed to

25 by the Secretary and a designated provider, the form of

26 payment for services provided by a designated provider
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1 shall be full risk capitation. The capitation payments shall

2 be negotiated and agreed upon by the Secretary and the

3 designated provider. In addition to such other factors as

4 the parties may agree to apply, the capitation payments

5 shall be based on the utilization experience of enrollees

6 and competitive market rates for equivalent health care

7 services for a comparable population to such enrollees in

8 the area in which the designated provider is located.

9 (b) LIMITATION ON TOTAL PAYMENTS.—Total capi10 tation payments to a designated provider shall not exceed

11 an amount equal to the cost that would have been incurred

12 by the Government if the enrollees had received their care

13 through a military treatment facility, the TRICARE pro14 gram, or the medicare program, as the case may be.

15 (c) ESTABLISHMENT OF PAYMENT RATES ON AN16 NUAL BASIS.—The Secretary and a designated provider

17 shall establish capitation payments on an annual basis,

18 subject to periodic review for actuarial soundness and to

19 adjustment for any adverse or favorable selection reason20 ably anticipated to result from the design of the program.

21 (d) ALTERNATIVE BASIS FOR CALCULATING PAY22 MENTS.—After September 30, 1999, the Secretary and a

23 designated provider may mutually agree upon a new basis

24 for calculating capitation payments.
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1 SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.

2 (a) REPEALS.—The following provisions of law are

3 repealed:

4 (1) Section 911 of the Military Construction

5 Authorization Act, 1982 (42 U.S.C. 248c).

6 (2) Section 1252 of the Department of Defense

7 Authorization Act, 1984 (42 U.S.C. 248d).

8 (3) Section 718(c) of the National Defense Au9 thorization Act for Fiscal year 1991 (Public Law

10 101–510; 42 U.S.C. 248c note).

11 (4) Section 726 of the National Defense Au12 thorization Act for Fiscal Year 1996 (Public Law

13 104–106; 42 U.S.C. 248c note).

14 (b) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on October 1, 1997.

16 Subtitle D—Other Changes to Ex17 isting Laws Regarding Health

18 Care Management

19 SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION RE20 GARDING NONMEDICALLY NECESSARY

21 TREATMENT IN CONNECTION WITH CERTAIN

22 CLINICAL TRIALS.

23 (a) WAIVER AUTHORITY.—Paragraph (13) of section

24 1079(a) of title 10, United States Code, is amended—

25 (1) by striking out ‘‘any service’’ and inserting

26 in lieu thereof ‘‘Any service’’;
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1 (2) by striking out the semicolon at the end and

2 inserting in lieu thereof a period; and

3 (3) by adding at the end the following: ‘‘Pursu4 ant to an agreement with the Secretary of Health

5 and Human Services and under such regulations as

6 the Secretary of Defense may prescribe, the Sec7 retary of Defense may waive the operation of this

8 paragraph in connection with clinical trials spon9 sored or approved by the National Institutes of

10 Health if the Secretary of Defense determines that

11 such a waiver will promote access by covered bene12 ficiaries to promising new treatments and contribute

13 to the development of such treatments.’’.

14 (b) CLERICAL AMENDMENTS.—Such section is fur15 ther amended—

16 (1) in the matter preceding paragraph (1), by

17 striking out ‘‘except that—’’ and inserting in lieu

18 thereof ‘‘except as follows:’’;

19 (2) by capitalizing the first letter of the first

20 word of each of paragraphs (1) through (17);

21 (3) by striking out the semicolon at the end of

22 each of paragraphs (1) through (15) and inserting

23 in lieu thereof a period; and

24 (4) in paragraph (16), by striking out ‘‘; and’’

25 and inserting in lieu thereof a period.
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1 SEC. 732. AUTHORITY TO WAIVE OR REDUCE CHAMPUS DE2 DUCTIBLE AMOUNTS FOR RESERVISTS

3 CALLED TO ACTIVE DUTY IN SUPPORT OF

4 CONTINGENCY OPERATIONS.

5 Section 1079(b) of title 10, United States Code, is

6 amended—

7 (1) by redesignating paragraphs (1) through

8 (5) as subparagraphs (A) through (E), respectively;

9 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’;

10 (3) in subparagraph (B), as so redesignated, by

11 striking out ‘‘clause (3)’’ and inserting in lieu there12 of ‘‘subparagraph (C)’’;

13 (4) in subparagraph (D), as so redesignated—

14 (A) by striking out ‘‘this clause’’ and in15 serting in lieu thereof ‘‘this subparagraph’’; and

16 (B) by striking out ‘‘clauses (2) and (3)’’

17 and inserting in lieu thereof ‘‘subparagraphs

18 (B) and (C)’’; and

19 (5) by adding at the end the following new

20 paragraph:

21 ‘‘(2) The Secretary of Defense may waive or reduce

22 the deductible amounts required by subparagraphs (B)

23 and (C) of paragraph (1) in the case of the dependents

24 of a member of a reserve component of the uniformed

25 services who serves on active duty in support of a contin-
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1 gency operation under a call or order to active duty of

2 less than one year.’’.

3 SEC. 733. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS

4 TO INDIVIDUAL HEALTH-CARE PROVIDERS

5 UNDER CHAMPUS.

6 Section 1079(h) of title 10, United States Code, is

7 amended—

8 (1) by redesignating paragraph (5) as para9 graph (6); and

10 (2) by inserting after paragraph (4) the follow11 ing new paragraph:

12 ‘‘(5) Except in an area in which the Secretary of De13 fense has entered into an at-risk contract for the provision

14 of health care services, the Secretary may authorize the

15 commander of a facility of the uniformed services, the lead

16 agent (if other than the commander), and the health care

17 contractor to modify the payment limitations under para18 graph (1) for certain health care providers when necessary

19 to ensure both the availability of certain services for cov20 ered beneficiaries and costs lower than standard

21 CHAMPUS for the required services.’’.
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1 SEC. 734. CODIFICATION OF ANNUAL AUTHORITY TO CRED2 IT CHAMPUS REFUNDS TO CURRENT YEAR

3 APPROPRIATION.

4 (a) CODIFICATION.—(1) Chapter 55 of title 10, Unit5 ed States Code, is amended by inserting after section 1079

6 the following new section:

7 ‘‘§ 1079a. CHAMPUS: treatment of refunds and other

8 amounts collected

9 ‘‘All refunds and other amounts collected in the ad10 ministration of the Civilian Health and Medical Program

11 of the Uniformed Services shall be credited to the appro12 priation supporting the program in the year in which the

13 amount is collected.’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by inserting after the item relating

16 to section 1079 the following new item:

‘‘1079a. CHAMPUS: treatment of refunds and other amounts collected.’’.

17 (b) CONFORMING REPEAL.—Section 8094 of the De18 partment of Defense Appropriations Act, 1996 (Public

19 Law 104–61; 109 Stat. 671), is repealed.

20 SEC. 735. EXCEPTIONS TO REQUIREMENTS REGARDING OB21 TAINING NONAVAILABILITY-OF-HEALTH22 CARE STATEMENTS.

23 (a) REFERENCE TO INPATIENT MEDICAL CARE.—(1)

24 Section 1080(a) of title 10, United States Code, is amend-
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1 ed by inserting ‘‘inpatient’’ before ‘‘medical care’’ in the

2 first sentence.

3 (2) Section 1086(e) of such title is amended in the

4 first sentence by striking out ‘‘benefits’’ and inserting in

5 lieu thereof ‘‘inpatient medical care’’.

6 (b) WAIVERS AND EXCEPTIONS TO REQUIRE7 MENTS.—(1) Section 1080 of such title is amended by

8 adding at the end the following new subsection:

9 ‘‘(c) WAIVERS AND EXCEPTIONS TO REQUIRE10 MENTS.—(1) A covered beneficiary enrolled in a managed

11 care plan offered pursuant to any contract or agreement

12 under this chapter for the provision of health care services

13 shall not be required to obtain a nonavailability-of-health14 care statement as a condition for the receipt of health

15 care.

16 ‘‘(2) The Secretary of Defense may waive the require17 ment to obtain nonavailability-of-health-care statements

18 following an evaluation of the effectiveness of such state19 ments in optimizing the use of facilities of the uniformed

20 services.’’.

21 (2) Section 1086(e) of such title is amended in the

22 last sentence by striking out ‘‘section 1080(b)’’ and insert23 ing in lieu thereof ‘‘subsections (b) and (c) of section

24 1080’’.
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1 (c) CONFORMING AMENDMENT.—Section 1080(b) of

2 such title is amended—

3 (1) by striking out ‘‘NONAVAILABILITY OF

4 HEALTH CARE STATEMENTS’’ and inserting in lieu

5 thereof ‘‘NONAVAILABILITY-OF-HEALTH-CARE

6 STATEMENTS; and

7 (2) by striking out ‘‘nonavailability of health

8 care statement’’ and inserting in lieu thereof ‘‘non9 availability of health care statement’’.

10 SEC. 736. EXPANSION OF COLLECTION AUTHORITIES FROM

11 THIRD-PARTY PAYERS.

12 (a) EXPANSION OF COLLECTION AUTHORITIES.—

13 Section 1095 of title 10, United States Code, is amend14 ed—

15 (1) in subsection (g)(1), by inserting ‘‘or

16 through’’ after ‘‘provided at’’;

17 (2) in subsection (h)(1), by inserting before the

18 period at the end of the first sentence the following:

19 ‘‘and a workers’ compensation program or plan’’;

20 and

21 (3) in subsection (h)(2)—

22 (A) by striking ‘‘organization and’’ and in23 serting in lieu thereof ‘‘organization,’’; and

24 (B) by inserting before the period at the

25 end the following: ‘‘, and personal injury protec-
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1 tion or medical payments benefits in cases in2 volving personal injuries resulting from oper3 ation of a motor vehicle’’.

4 (b) INCLUSION OF THIRD PARTY PAYER IN COLLEC5 TION EFFORTS.—Section 1079(j)(1) of such title is

6 amended by inserting after ‘‘or health plan’’ the following:

7 ‘‘(including any plan offered by a third-party payer (as

8 defined in section 1095(h)(1) of this title))’’.

9 Subtitle E—Other Matters

10 SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLI11 GATION UNDER ARMED FORCES HEALTH

12 PROFESSIONS SCHOLARSHIP AND FINANCIAL

13 ASSISTANCE PROGRAM AND UNIFORMED

14 SERVICES UNIVERSITY OF THE HEALTH

15 SCIENCES.

16 (a) ARMED FORCES HEALTH PROFESSIONS SCHOL17 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Sub18 section (e) of section 2123 of title 10, United States Code,

19 is amended to read as follows:

20 ‘‘(e)(1) A member of the program who is relieved of

21 the member’s active duty obligation under this subchapter

22 before the completion of that active duty obligation may

23 be given, with or without the consent of the member, any

24 of the following alternative obligations, as determined by

25 the Secretary of the military department concerned:
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1 ‘‘(A) A service obligation in a component of the

2 Selected Reserve for a period not less than twice as

3 long as the member’s remaining active duty service

4 obligation.

5 ‘‘(B) A service obligation as a civilian employee

6 employed as a health care professional in a facility

7 of the uniformed services for a period of time equal

8 to the member’s remaining active duty service obli9 gation.

10 ‘‘(C) With the concurrence of the Secretary of

11 Health and Human Services, transfer of the active

12 duty service obligation to an obligation equal in time

13 in the National Health Service Corps under section

14 338C of the Public Health Service Act (42 U.S.C.

15 254m) and subject to all requirements and proce16 dures applicable to obligated members of the Na17 tional Health Service Corps.

18 ‘‘(D) Repayment to the Secretary of Defense of

19 a percentage of the total cost incurred by the Sec20 retary under this subchapter on behalf of the mem21 ber equal to the percentage of the member’s total ac22 tive duty service obligation being relieved, plus inter23 est.
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1 ‘‘(2) The Secretary of Defense shall prescribe regula2 tions describing the manner in which an alternative obliga3 tion may be given under paragraph (1).’’.

4 (b) UNIFORMED SERVICES UNIVERSITY OF THE

5 HEALTH SCIENCES.—Section 2114 of title 10, United

6 States Code is amended by adding at the end the following

7 new subsection:

8 ‘‘(h) A graduate of the University who is relieved of

9 the graduate’s active-duty service obligation under sub10 section (b) before the completion of that active-duty serv11 ice obligation may be given, with or without the consent

12 of the graduate, an alternative obligation comparable to

13 the alternative obligations authorized in subparagraphs

14 (A) and (B) of section 2123(e)(1) of this title for members

15 of the Armed Forces Health Professions Scholarship and

16 Financial Assistance program.’’.

17 (c) APPLICATION OF AMENDMENTS.—The amend18 ments made by this section shall apply with respect to in19 dividuals who first become members of the Armed Forces

20 Health Professions Scholarship and Financial Assistance

21 program or students of the Uniformed Services University

22 of the Health Sciences on or after October 1, 1996.

23 (d) TRANSITION PROVISION.—(1) In the case of any

24 member of the Armed Forces Health Professions Scholar25 ship and Financial Assistance program who, as of October
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1 1, 1996, is serving an active duty obligation under the pro2 gram or is incurring an active duty obligation as a partici3 pant in the program, and who is subsequently relieved of

4 the active duty obligation before the completion of the obli5 gation, the alternative obligations authorized by the

6 amendment made by subsection (a) may be used by the

7 Secretary of the military department concerned with the

8 agreement of the member.

9 (2) In the case of any person who, as of October 1,

10 1996, is serving an active-duty service obligation as a

11 graduate of the Uniformed Services University of the

12 Health Sciences or is incurring an active-duty service obli13 gation as a student of the University, and who is subse14 quently relieved of the active-duty service obligation before

15 the completion of the obligation, the alternative obligations

16 authorized by the amendment made by subsection (b) may

17 be implemented by the Secretary of Defense with the

18 agreement of the person.

19 SEC. 742. EXCEPTION TO STRENGTH LIMITATIONS FOR

20 PUBLIC HEALTH SERVICE OFFICERS AS21 SIGNED TO DEPARTMENT OF DEFENSE.

22 Section 206 of the Public Health Service Act (42

23 U.S.C. 207) is amended by adding at the end the following

24 new subsection:
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1 ‘‘(f) In computing the maximum number of commis2 sioned officers of the Public Health Service authorized by

3 law or administrative determination to serve on active

4 duty, there may be excluded from such computation offi5 cers who are assigned to duty in the Department of De6 fense.’’.

7 SEC. 743. CONTINUED OPERATION OF UNIFORMED SERV8 ICES UNIVERSITY OF THE HEALTH SCIENCES.

9 (a) CLOSURE PROHIBITED.—In light of the impor10 tant role of the Uniformed Services University of the

11 Health Sciences in providing trained health care providers

12 for the uniformed services, Congress reaffirms the require13 ment contained in section 922 of the National Defense Au14 thorization Act for Fiscal Year 1995 (Public Law 103–

15 337; 108 Stat 2829) that the Uniformed Services Univer16 sity of the Health Sciences may not be closed.

17 (b) BUDGETARY COMMITMENT TO CONTINUATION.—

18 It is the sense of Congress that the Secretary of Defense

19 should budget for the operation of the Uniformed Services

20 University of the Health Sciences during fiscal year 1998

21 at a level at least equal to the level of operations conducted

22 at the University during fiscal year 1995.
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1 SEC. 744. SENSE OF CONGRESS REGARDING TAX TREAT2 MENT OF ARMED FORCES HEALTH PROFES3 SIONS SCHOLARSHIP AND FINANCIAL ASSIST4 ANCE PROGRAM.

5 It is the sense of Congress that the Secretary of De6 fense should work with the Secretary of the Treasury to

7 interpret section 117 of the Internal Revenue Code of

8 1986 so that the limitation on the amount of a qualified

9 scholarship or qualified tuition reduction excluded from

10 gross income does not apply to any portion of a scholar11 ship or financial assistance provided by the Secretary of

12 Defense to a person enrolled in the Armed Forces Health

13 Professions Scholarship and Financial Assistance program

14 under subchapter I of chapter 105 of title 10, United

15 States Code.

16 SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT

17 FACILITY PROGRAM.

18 Not later than April 1, 1997, the Secretary of De19 fense shall submit to Congress a report evaluating the im20 pact on the military health care system of limiting the

21 service area of a facility designated as part of the special22 ized treatment facility program under section 1105 of title

23 10, United States Code, to not more than 100 miles from

24 the facility.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Acquisition

6 Management

7 SEC. 801. AUTHORITY TO WAIVE CERTAIN REQUIREMENTS

8 FOR DEFENSE ACQUISITION PILOT PRO9 GRAMS.

10 (a) AUTHORITY.—The Secretary of Defense may

11 waive sections 2399, 2403, 2432, and 2433 of title 10,

12 United States Code, in accordance with this section for

13 any defense acquisition program designated by the Sec14 retary of Defense for participation in the defense acquisi15 tion pilot program authorized by section 809 of the Na16 tional Defense Authorization Act for Fiscal Year 1991

17 (Public Law 101–510; 10 U.S.C. 2340 note).

18 (b) OPERATIONAL TEST AND EVALUATION.—The

19 Secretary of Defense may waive the requirements for oper20 ational test and evaluation for such a defense acquisition

21 program as set forth in section 2399 of title 10, United

22 States Code, if the Secretary—

23 (1) determines (without delegation) that such

24 test would be unreasonably expensive or impractical;
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1 (2) develops a suitable alternate operational test

2 program for the system concerned;

3 (3) describes in the test and evaluation master

4 plan, as approved by the Director of Operational

5 Test and Evaluation, the method of evaluation that

6 will be used to evaluate whether the system will be

7 effective and suitable for combat; and

8 (4) submits to the congressional defense com9 mittees a report containing the determination that

10 was made under paragraph (1), a justification for

11 that determination, and a copy of the plan required

12 by paragraph (3).

13 (c) CONTRACTOR GUARANTEES FOR MAJOR WEAP14 ONS SYSTEMS.—The Secretary of Defense may waive the

15 requirements of section 2403 of title 10, United States

16 Code, for such a defense acquisition program if an alter17 native guarantee is used that ensures high quality weap18 ons systems.

19 (d) SELECTED ACQUISITION REPORTS.—The Sec20 retary of Defense may waive the requirements of sections

21 2432 and 2433 of title 10, United States Code, for such

22 a defense acquisition program if the Secretary provides a

23 single annual report to Congress at the end of each fiscal

24 year that describes the status of the program in relation
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1 to the baseline description for the program established

2 under section 2435 of such title.

3 SEC. 802. EXCLUSION FROM CERTAIN POST-EDUCATION

4 DUTY ASSIGNMENTS FOR MEMBERS OF AC5 QUISITION CORPS.

6 Section 663(d) of title 10, United States Code, is

7 amended by adding at the end the following new para8 graph:

9 ‘‘(3) The Secretary of Defense may exclude from the

10 requirements of paragraph (1) or (2) an officer who is

11 a member of an Acquisition Corps established pursuant

12 to 1731 of this title if the officer—

13 ‘‘(A) has graduated from a senior level course

14 of instruction designed for personnel serving in criti15 cal acquisition positions; and

16 ‘‘(B) is assigned, upon graduation, to a critical

17 acquisition position designated pursuant to section

18 1733 of this title.’’.

19 SEC. 803. EXTENSION OF AUTHORITY TO CARRY OUT CER20 TAIN PROTOTYPE PROJECTS.

21 (a) AUTHORITY.—Section 845(a) of the National De22 fense Authorization Act for Fiscal Year 1994 (Public Law

23 103–160; 107 Stat. 1721) is amended by inserting after

24 ‘‘Agency’’ the following: ‘‘, the Secretary of a military de-
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1 partment, or any other official designated by the Secretary

2 of Defense’’.

3 (b) PERIOD OF AUTHORITY.—Section 845(c) of such

4 Act is amended by striking out ‘‘3 years after the date

5 of the enactment of this Act’’ and inserting in lieu thereof

6 ‘‘on September 30, 1999’’.

7 (c) CONFORMING AND TECHNICAL AMENDMENTS.—

8 Section 845 of such Act is further amended—

9 (1) in subsection (b)—

10 (A) in paragraph (1), by striking out

11 ‘‘(c)(2) and (c)(3) of such section 2371, as re12 designated by section 827(b)(1)(B),’’ and in13 serting in lieu thereof ‘‘(e)(2) and (e)(3) of such

14 section 2371’’; and

15 (B) in paragraph (2), by inserting after

16 ‘‘Director’’ the following: ‘‘, Secretary, or other

17 official’’; and

18 (2) in subsection (c), by striking out ‘‘of the Di19 rector’’.

20 SEC. 804. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR

21 SYSTEMS.

22 Section 2302(5) of title 10, United States Code, is

23 amended—

24 (1) by striking out ‘‘$75,000,000 (based on fis25 cal year 1980 constant dollars)’’ and inserting in
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1 lieu thereof ‘‘$115,000,000 (based on fiscal year

2 1990 dollars)’’;

3 (2) by striking out ‘‘$300,000,000 (based on

4 fiscal year 1980 constant dollars)’’ and inserting in

5 lieu thereof ‘‘$540,000,000 (based on fiscal year

6 1990 constant dollars)’’; and

7 (3) by adding at the end the following: ‘‘The

8 Secretary of Defense may adjust the amounts and

9 the base fiscal year provided in clause (A) on the

10 basis of Department of Defense escalation rates. An

11 adjustment under this paragraph shall be effective

12 after the Secretary transmits to the Committee on

13 Armed Services of the Senate and the Committee on

14 National Security of the House of Representatives a

15 written notification of the adjustment.’’.

16 SEC. 805. REVISIONS IN INFORMATION REQUIRED TO BE

17 INCLUDED IN SELECTED ACQUISITION RE18 PORTS.

19 Section 2432 of title 10, United States Code, is

20 amended—

21 (1) in subsection (c)—

22 (A) by striking out ‘‘and’’ at the end of

23 subparagraph (B);

24 (B) by redesignating subparagraph (C) as

25 subparagraph (D); and
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1 (C) by inserting after subparagraph (B)

2 the following new subparagraph (C):

3 ‘‘(C) the current procurement unit cost for each

4 major defense acquisition program included in the

5 report and the history of that cost from the date the

6 program was first included in a Selected Acquisition

7 Report to the end of the quarter for which the cur8 rent report is submitted; and’’; and

9 (2) in subsection (e), by striking out paragraph

10 (8) and redesignating paragraph (9) as paragraph

11 (8).

12 SEC. 806. INCREASE IN SIMPLIFIED ACQUISITION THRESH13 OLD FOR HUMANITARIAN OR PEACEKEEPING

14 OPERATIONS.

15 Section 2302(7) of title 10, United States Code, is

16 amended—

17 (1) by inserting ‘‘(A)’’ after ‘‘(7)’’;

18 (2) by inserting after ‘‘contingency operation’’

19 the following: ‘‘or a humanitarian or peacekeeping

20 operation’’; and

21 (3) by adding at the end the following:

22 ‘‘(B) In subparagraph (A), the term ‘humani23 tarian or peacekeeping operation’ means a military

24 operation in support of the provision of humani25 tarian or foreign disaster assistance or in support of
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1 a peacekeeping operation under chapter VI or VII of

2 the Charter of the United Nations. The term does

3 not include routine training, force rotation, or sta4 tioning.’’.

5 SEC. 807. EXPANSION OF AUDIT RECIPROCITY AMONG FED6 ERAL AGENCIES TO INCLUDE POST-AWARD

7 AUDITS.

8 (a) ARMED SERVICES ACQUISITIONS.—Subsection

9 (d) of section 2313 of title 10, United States Code, is

10 amended to read as follows:

11 ‘‘(d) LIMITATION ON AUDITS RELATING TO INDI12 RECT COSTS.—The head of an agency may not perform

13 an audit of indirect costs under a contract, subcontract,

14 or modification before or after entering into the contract,

15 subcontract, or modification in any case in which the con16 tracting officer determines that the objectives of the audit

17 can reasonably be met by accepting the results of an audit

18 that was conducted by any other department or agency

19 of the Federal Government within one year preceding the

20 date of the contracting officer’s determination.’’.

21 (b) CIVILIAN AGENCY ACQUISITIONS.—Subsection

22 (d) of section 304C of the Federal Property and Adminis23 trative Services Act of 1949 (41 U.S.C. 254d) is amended

24 to read as follows:
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1 ‘‘(d) LIMITATION ON AUDITS RELATING TO INDI2 RECT COSTS.—An executive agency may not perform an

3 audit of indirect costs under a contract, subcontract, or

4 modification before or after entering into the contract,

5 subcontract, or modification in any case in which the con6 tracting officer determines that the objectives of the audit

7 can reasonably be met by accepting the results of an audit

8 that was conducted by any other department or agency

9 of the Federal Government within one year preceding the

10 date of the contracting officer’s determination.’’.

11 (c) GUIDELINES FOR ACCEPTANCE OF AUDITS BY

12 STATE AND LOCAL GOVERNMENTS RECEIVING FEDERAL

13 ASSISTANCE.—The Director of the Office and Manage14 ment and Budget shall issue guidelines to ensure that an

15 audit of indirect costs performed by the Federal Govern16 ment is accepted by State and local governments that re17 ceive Federal funds under contracts, grants, or other Fed18 eral assistance programs.

19 SEC. 808. EXTENSION OF PILOT MENTOR-PROTEGE PRO20 GRAM.

21 Paragraphs (1) and (2) of section 831(j) of the Na22 tional Defense Authorization Act for Fiscal Year 1991 (10

23 U.S.C. 2302 note) are each amended by striking out

24 ‘‘1996’’ and inserting in lieu thereof ‘‘1997’’.
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1 Subtitle B—Other Matters

2 SEC. 821. AMENDMENT TO DEFINITION OF NATIONAL SECU3 RITY SYSTEM UNDER INFORMATION TECH4 NOLOGY MANAGEMENT REFORM ACT OF 1995.

5 Section 5142(a) of the Information Technology Man6 agement Reform Act of 1996 (division E of Public Law

7 104–106; 110 Stat. 689; 40 U.S.C. 1452) is amended—

8 (1) by striking out ‘‘or’’ at the end of para9 graph (4);

10 (2) by striking out the period at the end of

11 paragraph (5) and inserting in lieu thereof ‘‘; or’’;

12 and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(6) involves the storage, processing, or for16 warding of classified information and is protected at

17 all times by procedures established for the handling

18 of classified information.’’.

19 SEC. 822. PROHIBITION ON RELEASE OF CONTRACTOR

20 PROPOSALS UNDER FREEDOM OF INFORMA21 TION ACT.

22 (a) ARMED SERVICES ACQUISITIONS.—Section 2305

23 of title 10, United States Code, is amended by adding at

24 the end the following new subsection:
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1 ‘‘(g) PROHIBITION ON RELEASE OF CONTRACTOR

2 PROPOSALS.—(1) A proposal in the possession or control

3 of the Department of Defense may not be made available

4 to any person under section 552 of title 5.

5 ‘‘(2) In this subsection, the term ‘proposal’ means

6 any proposal, including a technical, management, or cost

7 proposal, submitted by a contractor in response to the re8 quirements of a solicitation for a competitive proposal.’’.

9 (b) CIVILIAN AGENCY ACQUISITIONS.—Section 303B

10 of the Federal Property and Administrative Services Act

11 of 1949 (41 U.S.C. 253b) is amended by adding at the

12 end the following new subsection:

13 ‘‘(m) PROHIBITION ON RELEASE OF CONTRACTOR

14 PROPOSALS.—(1) A proposal in the possession or control

15 of an executive agency may not be made available to any

16 person under section 552 of title 5.

17 ‘‘(2) In this subsection, the term ‘proposal’ means

18 any proposal, including a technical, management, or cost

19 proposal, submitted by a contractor in response to the re20 quirements of a solicitation for a competitive proposal.’’.

21 SEC. 823. REPEAL OF ANNUAL REPORT BY ADVOCATE FOR

22 COMPETITION.

23 Section 20(b) of the Office of Federal Procurement

24 Policy Act (41 U.S.C. 418(b)) is amended—
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1 (1) by striking out ‘‘and’’ at the end of para2 graph (3)(B);

3 (2) by striking out paragraph (4); and

4 (3) by redesignating paragraphs (5), (6), and

5 (7) as paragraphs (4), (5), and (6), respectively.

6 SEC. 824. REPEAL OF BIANNUAL REPORT ON PROCURE7 MENT REGULATORY ACTIVITY.

8 Subsection (g) of section 25 of the Office of Federal

9 Procurement Policy Act (41 U.S.C. 421) is repealed.

10 SEC. 825. REPEAL OF MULTIYEAR LIMITATION ON CON11 TRACTS FOR INSPECTION, MAINTENANCE,

12 AND REPAIR.

13 Paragraph (14) of section 210(a) of the Federal

14 Property and Administrative Services Act of 1949 (40

15 U.S.C. 490(a)) is amended by striking out ‘‘for periods

16 not exceeding three years’’.

17 SEC. 826. STREAMLINED NOTICE REQUIREMENTS TO CON18 TRACTORS AND EMPLOYEES REGARDING

19 TERMINATION OR SUBSTANTIAL REDUCTION

20 IN CONTRACTS UNDER MAJOR DEFENSE

21 PROGRAMS.

22 (a) ELIMINATION OF UNNECESSARY REQUIRE23 MENTS.—Section 4471 of the Defense Conversion, Rein24 vestment, and Transition Assistance Act of 1992 (division
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1 D of Public Law 102–484; 10 U.S.C. 2501 note) is

2 amended—

3 (1) by striking out subsection (a);

4 (2) by striking out subsection (f), except para5 graph (4);

6 (3) by redesignating subsections (b), (c), (d),

7 (e), and (g) as subsections (a), (b), (c), (d), and (f),

8 respectively; and

9 (4) by redesignating such paragraph (4) as sub10 section (e).

11 (b) NOTICE TO CONTRACTORS.—Subsection (a) of

12 such section, as redesignated by subsection (a)(3), is

13 amended by striking out paragraphs (1) and (2) and in14 serting in lieu thereof the following:

15 ‘‘(1) shall identify each contract (if any) under

16 major defense programs of the Department of De17 fense that will be terminated or substantially re18 duced as a result of the funding levels provided in

19 that Act; and

20 ‘‘(2) shall ensure that notice of the termination

21 of, or substantial reduction in, the funding of the

22 contract is provided—

23 ‘‘(A) directly to the prime contractor under

24 the contract; and

25 ‘‘(B) directly to the Secretary of Labor.’’.
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1 (c) NOTICE TO SUBCONTRACTORS.—Subsection (b)

2 of such section, as redesignated by subsection (a)(3), is

3 amended—

4 (1) by striking out ‘‘As soon as’’ and all that

5 follows through ‘‘that program,’’ in the matter pre6 ceding paragraph (1) and inserting in lieu thereof

7 ‘‘Not later than 60 days after the date on which the

8 prime contractor for a contract under a major de9 fense program receives notice under subsection (a),’’;

10 (2) in paragraph (1)—

11 (A) by striking out ‘‘for that program

12 under a contract’’ and inserting in lieu thereof

13 ‘‘for that prime contract for subcontracts’’; and

14 (B) by striking out ‘‘for the program’’; and

15 (3) in paragraph (2)(A), by striking out ‘‘for

16 the program under a contract’’ and inserting in lieu

17 thereof ‘‘for subcontracts’’.

18 (d) NOTICE TO EMPLOYEES AND STATE DISLOCATED

19 WORKER UNIT.—Subsection (c) of such section, as redes20 ignated by subsection (a)(3), is amended by striking out

21 ‘‘under subsection (a)(1)’’ and all that follows through ‘‘a

22 defense program,’’ in the matter preceding paragraph (1)

23 and inserting in lieu thereof ‘‘under subsection (a),’’.
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1 (e) CROSS REFERENCES AND CONFORMING AMEND2 MENTS.—(1) Subsection (d) of such section, as redesig3 nated by subsection (a)(3), is amended—

4 (A) by striking out ‘‘a major defense program

5 provided under subsection (d)(1)’’ and inserting in

6 lieu thereof ‘‘a defense contract provided under sub7 section (c)(1)’’; and

8 (B) by striking out ‘‘the program’’ and insert9 ing in lieu thereof ‘‘the contract’’.

10 (2) Subsection (e) of such section, as redesignated by

11 subsection (a)(4), is amended—

12 (A) by striking out ‘‘ELIGIBILITY’’ and inserting

13 in lieu thereof ‘‘ELIGIBILITY’’; and

14 (B) by striking out ‘‘under paragraph (3)’’ and

15 inserting in lieu thereof ‘‘or cancellation of the ter16 mination of, or substantial reduction in, contract

17 funding’’.

18 (3) Subsection (f) of such section, as redesignated by

19 subsection (a)(3), is amended in paragraph (2)—

20 (A) by inserting ‘‘a defense contract under’’ be21 fore ‘‘a major defense program’’; and

22 (B) by striking out ‘‘contracts under the pro23 gram’’ and inserting in lieu thereof ‘‘the funds obli24 gated by the contract’’.
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1 SEC. 827. REPEAL OF NOTICE REQUIREMENTS FOR SUB2 STANTIALLY OR SERIOUSLY AFFECTED PAR3 TIES IN DOWNSIZING EFFORTS.

4 Sections 4101 and 4201 of the National Defense Au5 thorization Act for Fiscal Year 1991 (Public Law 101–

6 510; 104 Stat. 1850, 1851; 10 U.S.C. 2391 note) are re7 pealed.

8 SEC. 828. TESTING OF DEFENSE ACQUISITION PROGRAMS.

9 (a) IN GENERAL.—Section 2366 of title 10, United

10 States Code, is amended—

11 (1) by striking out ‘‘survivability’’ each place it

12 appears (including in the section heading) and in13 serting in lieu thereof ‘‘vulnerability’’; and

14 (2) in subsection (b)—

15 (A) by striking out ‘‘Survivability’’ and in16 serting in lieu thereof ‘‘Vulnerability’’; and

17 (B) by inserting after paragraph (2) the

18 following new paragraph:

19 ‘‘(3) Testing should begin at the component, sub20 system, and subassembly level, culminating with tests of

21 the complete system configured for combat.’’.

22 (b) CLERICAL AMENDMENT.—The item relating to

23 such section in the table of sections at the beginning of

24 chapter 139 of such title is amended to read as follows:

‘‘2366. Major systems and munitions programs: vulnerability testing and

lethality testing required before full-scale production.’’.
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1 SEC. 829. DEPENDENCY OF NATIONAL TECHNOLOGY AND

2 INDUSTRIAL BASE ON SUPPLIES AVAILABLE

3 ONLY FROM FOREIGN COUNTRIES.

4 (a) NATIONAL SECURITY OBJECTIVES FOR NA5 TIONAL TECHNOLOGY AND INDUSTRIAL BASE.—Section

6 2501(a) of title 10, United States Code, is amended by

7 adding at the end the following:

8 ‘‘(5) Providing for the development, manufac9 ture, and supply of items and technologies critical to

10 the production and sustainment of advanced military

11 weapon systems with minimal reliance on items for

12 which the source of supply, manufacture, or tech13 nology is outside of the United States and Canada

14 and for which there is no immediately available

15 source in the United States or Canada.’’.

16 (b) ASSESSMENT OF EXTENT OF UNITED STATES

17 DEPENDENCY ON FOREIGN SOURCE ITEMS.—Subsection

18 (c) of section 2505 of such title is amended to read as

19 follows:

20 ‘‘(c) ASSESSMENT OF EXTENT OF DEPENDENCY ON

21 FOREIGN SOURCE ITEMS.—Each assessment under sub22 section (a) shall include a separate discussion and presen23 tation regarding the extent to which the national tech24 nology and industrial base is dependent on items for which

25 the source of supply, manufacture, or technology is outside

26 of the United States and Canada and for which there is
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1 no immediately available source in the United States or

2 Canada. The discussion and presentation shall include the

3 following:

4 ‘‘(1) An assessment of the overall degree of de5 pendence by the national technology and industrial

6 base on such foreign items, including a comparison

7 with the degree of dependence identified in the pre8 ceding assessment.

9 ‘‘(2) Identification of major systems (as defined

10 in section 2302 of this title) under development or

11 production containing such foreign items, including

12 an identification of all such foreign items for each

13 system.

14 ‘‘(3) An analysis of the production or develop15 ment risks resulting from the possible disruption of

16 access to such foreign items, including consideration

17 of both peacetime and wartime scenarios.

18 ‘‘(4) An analysis of the importance of retaining

19 domestic production sources for the items specified

20 in section 2534 of this title.

21 ‘‘(5) A discussion of programs and initiatives in

22 place to reduce dependence by the national tech23 nology and industrial base on such foreign items.

24 ‘‘(6) A discussion of proposed policy or legisla25 tive initiatives recommended to reduce the depend-
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1 ence of the national technology and industrial base

2 on such foreign items.’’.

3 (c) TIME FOR COMPLETION OF NEXT DEFENSE CA4 PABILITY ASSESSMENT.—Notwithstanding the schedule

5 prescribed by the Secretary of Defense under subsection

6 (d) of section 2505 of title 10, United States Code, the

7 National Defense Technology and Industrial Base Council

8 shall complete the next defense capability assessment re9 quired under such section not later than March 1, 1997.

10 SEC. 830. SENSE OF CONGRESS REGARDING TREATMENT

11 OF DEPARTMENT OF DEFENSE CABLE TELE12 VISION FRANCHISE AGREEMENTS.

13 It is the sense of Congress that the United States

14 Court of Federal Claims should transmit to Congress the

15 report required by section 823 of Public Law 104–106

16 (110 Stat. 399) on or before the date specified in that

17 section.

18 SEC. 831. EXTENSION OF DOMESTIC SOURCE LIMITATION

19 FOR VALVES AND MACHINE TOOLS.

20 Subparagraph (C) of section 2534(c)(2) is amended

21 by striking out ‘‘1996’’ and inserting in lieu thereof

22 ‘‘2001’’.
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1 SEC. 832. DEMONSTRATION PROJECT FOR PURCHASE OF

2 FIRE, SECURITY, POLICE, PUBLIC WORKS,

3 AND UTILITY SERVICES FROM LOCAL GOV4 ERNMENT AGENCIES.

5 (a) EXTENSION OF DEMONSTRATION PROJECT.—

6 Section 816 of the National Defense Authorization Act for

7 Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2820)

8 is amended by adding at the end the following new sub9 section:

10 ‘‘(c) DURATION OF PROJECT.—The authority to pur11 chase services under the demonstration project shall expire

12 on September 30, 1998.’’.

13 (b) REPORTING REQUIREMENTS.—Subsection (b) of

14 such section is amended by striking out ‘‘, 1996’’ and in15 serting in lieu thereof ‘‘of each of the years 1997 and

16 1998’’.

17 SEC. 833. STUDY OF EFFECTIVENESS OF DEFENSE MERG18 ERS.

19 (a) STUDY.—The Secretary of Defense shall conduct

20 a study on mergers and acquisitions in the defense sector.

21 The study shall address the following:

22 (1) The effectiveness of defense mergers and

23 acquisitions in eliminating excess capacity within the

24 defense industry.
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1 (2) The degree of change in the dependence by

2 defense contractors on defense-related Federal con3 tracts within their overall business after mergers.

4 (3) The effect on defense industry employment

5 resulting from defense mergers and acquisitions oc6 curring during the three years preceding the date of

7 the enactment of this Act.

8 (b) REPORT.—Not later than six months after the

9 date of the enactment of this Act, the Secretary of Defense

10 shall submit to Congress a report on the results of the

11 study conducted under subsection (a).

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND

14 MANAGEMENT

15 SEC. 901. ADDITIONAL REQUIRED REDUCTION IN DEFENSE

16 ACQUISITION WORKFORCE.

17 Section 906(d) of the National Defense Authorization

18 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

19 405) is amended—

20 (1) in paragraph (1), by striking out ‘‘during

21 fiscal year 1996’’ and all that follows and inserting

22 in lieu thereof ‘‘so that—

23 ‘‘(A) the total number of such positions as of

24 October 1, 1996, is less than the baseline number by

25 at least 15,000; and
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1 ‘‘(B) the total number of such positions as of

2 October 1, 1997, is less than the baseline number by

3 at least 40,000.’’; and

4 (2) by adding at the end the following new

5 paragraph:

6 ‘‘(3) For purposes of this subsection, the term ‘base7 line number’ means the total number of defense acquisi8 tion personnel positions as of October 1, 1995.’’.

9 SEC. 902. REDUCTION OF PERSONNEL ASSIGNED TO OF10 FICE OF THE SECRETARY OF DEFENSE.

11 (a) PERMANENT LIMITATION ON OSD PERSON12 NEL.—Effective October 1, 1999, the number of OSD per13 sonnel may not exceed 75 percent of the baseline number.

14 (b) PHASED REDUCTION.—The number of OSD per15 sonnel—

16 (1) as of October 1, 1997, may not exceed 85

17 percent of the baseline number; and

18 (2) as of October 1, 1998, may not exceed 80

19 percent of the baseline number.

20 (c) BASELINE NUMBER.—For purposes of this sec21 tion, the term ‘‘baseline number’’ means the number of

22 OSD personnel as of October 1, 1994.

23 (d) OSD PERSONNEL DEFINED.—For purposes of

24 this section, the term ‘‘OSD personnel’’ means military

25 and civilian personnel of the Department of Defense who
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1 are assigned to, or employed in, functions in the Office

2 of the Secretary of Defense (including Direct Support Ac3 tivities of that Office and the Washington Headquarters

4 Services of the Department of Defense).

5 (e) LIMITATION ON REASSIGNMENT OF FUNC6 TIONS.—In carrying out reductions in the number of per7 sonnel assigned to, or employed in, the Office of the De8 partment of Defense in order to comply with this section,

9 the Secretary of Defense may not reassign functions solely

10 in order to evade the requirements contained in this sec11 tion.

12 (f) FLEXIBILITY.—If the Secretary of Defense deter13 mines, and certifies to Congress, that the limitation in

14 subsection (b) with respect to any fiscal year would ad15 versely affect United States national security, the limita16 tion under that subsection with respect to that fiscal year

17 may be waived. If the Secretary of Defense determines,

18 and certifies to Congress, that the limitation in subsection

19 (a) during fiscal year 1999 would adversely affect United

20 States national security, the limitation under that sub21 section with respect to that fiscal year may be waived. The

22 authority under this subsection may be used only once,

23 with respect to a single fiscal year.

24 (g) REPEAL OF PRIOR REQUIREMENT.—Section

25 901(d) of the National Defense Authorization Act for Fis-
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1 cal Year 1996 (Public Law 104–106; 110 Stat. 410) is

2 repealed.

3 SEC. 903. REPORT ON MILITARY DEPARTMENT HEAD4 QUARTERS STAFFS.

5 (a) REVIEW BY SECRETARY OF DEFENSE.—The Sec6 retary of Defense shall conduct a review of the size, mis7 sion, organization, and functions of the military depart8 ment headquarters staffs. This review shall include the fol9 lowing:

10 (1) An assessment on the adequacy of the

11 present organization structure to efficiently and ef12 fectively support the mission of the military depart13 ments.

14 (2) An assessment of options to reduce the

15 number of personnel assigned to the military depart16 ment headquarters staffs.

17 (3) An assessment of the extent of unnecessary

18 duplication of functions between the Office of the

19 Secretary of Defense and the military department

20 headquarters staffs.

21 (4) An assessment of the possible benefits that

22 could be derived from further functional consolida23 tion between the civilian secretariat of the military

24 departments and the staffs of the military service

25 chiefs.
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1 (5) An assessment of the possible benefits that

2 could be derived from reducing the number of civil3 ian officers in the military departments who are ap4 pointed by and with the advice and consent of the

5 Senate.

6 (b) REPORT.—Not later than March 1, 1997, the

7 Secretary of Defense shall submit to the congressional de8 fense committees a report containing—

9 (1) the findings and conclusions of the Sec10 retary resulting from the review under subsection

11 (a); and

12 (2) a plan for implementing resulting rec13 ommendations, including proposals for legislation

14 (with supporting rationale) that would be required

15 as result of the review.

16 (c) REDUCTION IN TOTAL NUMBER OF PERSONNEL

17 ASSIGNED.—In developing the plan under subsection

18 (b)(2), the Secretary shall make every effort to provide

19 for significant reductions in the overall number of military

20 and civilian personnel assigned to or serving in the mili21 tary department headquarters staffs.

22 (d) MILITARY DEPARTMENT HEADQUARTERS

23 STAFFS DEFINED.—For the purposes of this section, the

24 term ‘‘military department headquarters staffs’’ means
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1 the offices, organizations, and other elements of the De2 partment of Defense comprising the following:

3 (1) The Office of the Secretary of the Army.

4 (2) The Army Staff.

5 (3) The Office of the Secretary of the Air

6 Force.

7 (4) The Air Staff.

8 (5) The Office of the Secretary of the Navy.

9 (6) The Office of the Chief of Naval Oper10 ations.

11 (7) Headquarters, Marine Corps.

12 SEC. 904. EXTENSION OF EFFECTIVE DATE FOR CHARTER

13 FOR JOINT REQUIREMENTS OVERSIGHT

14 COUNCIL.

15 Section 905(b) of the National Defense Authorization

16 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

17 404) is amended by striking out ‘‘January 31, 1997’’ and

18 inserting in lieu thereof ‘‘January 31, 1998’’.

19 SEC. 905. REMOVAL OF SECRETARY OF THE ARMY FROM

20 MEMBERSHIP ON THE FOREIGN TRADE ZONE

21 BOARD.

22 The first section of the Act of June 18, 1934 (Public

23 Law Numbered 397, Seventy-third Congress; 48 Stat.

24 998) (19 U.S.C. 81a), popularly known as the ‘‘Foreign

25 Trade Zones Act’’, is amended—
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1 (1) in subsection (b), by striking out ‘‘the Sec2 retary of the Treasury, and the Secretary of War’’

3 and inserting in lieu thereof ‘‘and the Secretary of

4 the Treasury’’; and

5 (2) in subsection (c), by striking out ‘‘Alaska,

6 Hawaii,’’.

7 SEC. 906. MEMBERSHIP OF THE AMMUNITION STORAGE

8 BOARD.

9 Section 172(a) of title 10, United States Code, is

10 amended by striking out ‘‘a joint board of officers selected

11 by them’’ and inserting in lieu thereof ‘‘a joint board se12 lected by them composed of officers, civilian officers and

13 employees of the Department of Defense, or both’’.

14 SEC. 907. DEPARTMENT OF DEFENSE DISBURSING OFFI15 CIAL CHECK CASHING AND EXCHANGE

16 TRANSACTIONS.

17 Section 3342(b) of title 31, United States Code, is

18 amended—

19 (1) by striking out the period at the end of

20 paragraph (3) and inserting in lieu thereof a semi21 colon;

22 (2) by striking out ‘‘and’’ at the end of para23 graph (5);
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1 (3) by striking out the period at the end of

2 paragraph (6) and inserting in lieu thereof ‘‘; or’’;

3 and

4 (4) by adding at the end the following new

5 paragraph:

6 ‘‘(7) a Federal credit union that at the request

7 of the Secretary of Defense is operating on a United

8 States military installation in a foreign country, but

9 only if that country does not permit contractor-oper10 ated military banking facilities to operate on such

11 installations.’’.

12 TITLE X—GENERAL PROVISIONS

13 Subtitle A—Financial Matters

14 SEC. 1001. TRANSFER AUTHORITY.

15 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

16 (1) Upon determination by the Secretary of Defense that

17 such action is necessary in the national interest, the Sec18 retary may transfer amounts of authorizations made avail19 able to the Department of Defense in this division for fis20 cal year 1997 between any such authorizations for that

21 fiscal year (or any subdivisions thereof). Amounts of au22 thorizations so transferred shall be merged with and be

23 available for the same purposes as the authorization to

24 which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary of Defense may transfer under the authority of this

3 section may not exceed $2,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this

5 section to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items

8 from which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Con11 gress.

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

13 transfer made from one account to another under the au14 thority of this section shall be deemed to increase the

15 amount authorized for the account to which the amount

16 is transferred by an amount equal to the amount trans17 ferred.

18 (d) NOTICE TO CONGRESS.—The Secretary shall

19 promptly notify Congress of each transfer made under

20 subsection (a).

21 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

22 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

23 Annex prepared by the Committee on National Security

24 of the House of Representatives to accompany the bill

25 H.R. 3230 of the One Hundred Fourth Congress and
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1 transmitted to the President is hereby incorporated into

2 this Act.

3 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

4 ACT.—The amounts specified in the Classified Annex are

5 not in addition to amounts authorized to be appropriated

6 by other provisions of this Act.

7 (c) LIMITATION ON USE OF FUNDS.—Funds appro8 priated pursuant to an authorization contained in this Act

9 that are made available for a program, project, or activity

10 referred to in the Classified Annex may only be expended

11 for such program, project, or activity in accordance with

12 such terms, conditions, limitations, restrictions, and re13 quirements as are set out for that program, project, or

14 activity in the Classified Annex.

15 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

16 President shall provide for appropriate distribution of the

17 Classified Annex, or of appropriate portions of the annex,

18 within the executive branch of the Government.

19 SEC. 1003. AUTHORITY FOR OBLIGATION OF CERTAIN UN20 AUTHORIZED FISCAL YEAR 1996 DEFENSE AP21 PROPRIATIONS.

22 (a) AUTHORITY.—The amounts described in sub23 section (b) may be obligated and expended for programs,

24 projects, and activities of the Department of Defense in

25 accordance with fiscal year 1996 defense appropriations.
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1 (b) COVERED AMOUNTS.—The amounts referred to

2 in subsection (a) are the amounts provided for programs,

3 projects, and activities of the Department of Defense in

4 fiscal year 1996 defense appropriations that are in excess

5 of the amounts provided for such programs, projects, and

6 activities in fiscal year 1996 defense authorizations.

7 (c) DEFINITIONS.—For the purposes of this section:

8 (1) FISCAL YEAR 1996 DEFENSE APPROPRIA9 TIONS.—The term ‘‘fiscal year 1996 defense appro10 priations’’ means amounts appropriated or otherwise

11 made available to the Department of Defense for fis12 cal year 1996 in the Department of Defense Appro13 priations Act, 1996 (Public Law 104–61).

14 (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA15 TIONS.—The term ‘‘fiscal year 1996 defense author16 izations’’ means amounts authorized to be appro17 priated for the Department of Defense for fiscal

18 year 1996 in the National Defense Authorization

19 Act for Fiscal Year 1996 (Public Law 104–106).

20 SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUP21 PLEMENTAL APPROPRIATIONS FOR FISCAL

22 YEAR 1996.

23 Amounts authorized to be appropriated to the De24 partment of Defense for fiscal year 1996 in the National

25 Defense Authorization Act for Fiscal Year 1996 (Public
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1 Law 104–106) are hereby adjusted, with respect to any

2 such authorized amount, by the amount by which appro3 priations pursuant to such authorization were increased

4 (by a supplemental appropriation) or decreased (by a re5 scission), or both, in the Omnibus Consolidated Rescis6 sions and Appropriations Act of 1996 (Public Law 104–

7 134).

8 SEC. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/

9 MARINE CORPS AND AIR FORCE AMMUNI10 TION ACCOUNTS.

11 Section 114 of title 10, United States Code, is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(f) In each budget submitted by the President to

15 Congress under section 1105 of title 31, amounts re16 quested for procurement of ammunition for the Navy and

17 Marine Corps, and for procurement of ammunition for the

18 Air Force, shall be set forth separately from other

19 amounts requested for procurement.’’.

20 SEC. 1006. FORMAT FOR BUDGET REQUESTS FOR DEFENSE

21 AIRBORNE RECONNAISSANCE PROGRAM.

22 (a) REQUIREMENT.—The Secretary of Defense shall

23 ensure that in the budget justification documents for any

24 fiscal year there is set forth separately amounts requested

25 for each program, project, or activity within the Defense
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1 Airborne Reconnaissance Program, with a unique program

2 element provided for funds requested for research, devel3 opment, test, and evaluation for each such program,

4 project, or activity and a unique procurement line item

5 provided for funds requested for procurement for each

6 such program, project, or activity.

7 (b) DEFENSE BUDGET.—For purposes of subsection

8 (a), the term ‘‘budget justification documents’’ means the

9 supporting budget documentation submitted to the con10 gressional defense committees in support of the budget of

11 the Department of Defense for a fiscal year as included

12 in the budget of the President submitted under section

13 1105 of title 31, United States Code, for that fiscal year.

14 Subtitle B—Reports and Studies

15 SEC. 1021. ANNUAL REPORT ON OPERATION PROVIDE COM16 FORT AND OPERATION ENHANCED SOUTH17 ERN WATCH.

18 (a) ANNUAL REPORT.—Not later than March 1 of

19 each year, the Secretary of Defense shall submit to Con20 gress a report on Operation Provide Comfort and Oper21 ation Enhanced Southern Watch.

22 (b) MATTERS RELATING TO OPERATION PROVIDE

23 COMFORT.—Each report under subsection (a) shall in24 clude, with respect to Operation Provide Comfort, the fol25 lowing:
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1 (1) A detailed presentation of the projected

2 costs to be incurred by the Department of Defense

3 for that operation during the fiscal year in which the

4 report is submitted and projected for the following

5 fiscal year, together with a discussion of missions

6 and functions expected to be performed by the De7 partment as part of that operation during each of

8 those fiscal years.

9 (2) A detailed presentation of the projected

10 costs to be incurred by other departments and agen11 cies of the Federal Government participating in or

12 providing support to that operation during each of

13 those fiscal years.

14 (3) A discussion of options being pursued to re15 duce the involvement of the Department of Defense

16 in those aspects of that operation that are not di17 rectly related to the military mission of the Depart18 ment of Defense.

19 (4) A discussion of the exit strategy for United

20 States involvement in, and support for, that oper21 ation.

22 (5) A description of alternative approaches to

23 accomplishing the mission of that operation that are

24 designed to limit the scope and cost to the Depart-
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1 ment of Defense of accomplishing that mission while

2 maintaining mission success.

3 (6) The contributions (both in-kind and actual)

4 by other nations to the costs of conducting that op5 eration.

6 (7) A detailed presentation of significant Iraqi

7 military activity (including specific violations of the

8 no-fly zone) determined to jeopardize the security of

9 the Kurdish population in northern Iraq.

10 (c) MATTERS RELATING TO OPERATION ENHANCED

11 SOUTHERN WATCH.—Each report under subsection (a)

12 shall include, with respect to Operation Enhanced South13 ern Watch, the following:

14 (1) The expected duration and annual costs of

15 the various elements of that operation.

16 (2) The political and military objectives associ17 ated with that operation.

18 (3) The contributions (both in-kind and actual)

19 by other nations to the costs of conducting that op20 eration.

21 (4) A description of alternative approaches to

22 accomplishing the mission of that operation that are

23 designed to limit the scope and cost of accomplishing

24 that mission while maintaining mission success.
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1 (5) A comprehensive discussion of the political

2 and military objectives and initiatives that the De3 partment of Defense has pursued, and intends to

4 pursue, in order to reduce United States involvement

5 in that operation.

6 (6) A detailed presentation of significant Iraqi

7 military activity (including specific violations of the

8 no-fly zone) determined to jeopardize the security of

9 the Shiite population in southern Iraq.

10 (d) TERMINATION OF REPORT REQUIREMENT.—The

11 requirement under subsection (a) shall cease to apply with

12 respect to an operation named in that subsection upon the

13 termination of United States involvement in that oper14 ation.

15 (e) DEFINITIONS.—For purposes of this section:

16 (1) OPERATION ENHANCED SOUTHERN

17 WATCH.—The term ‘‘Operation Enhanced Southern

18 Watch’’ means the operation of the Department of

19 Defense that as of October 30, 1995, is designated

20 as Operation Enhanced Southern Watch.

21 (2) OPERATION PROVIDE COMFORT.—The term

22 ‘‘Operation Provide Comfort’’ means the operation

23 of the Department of Defense that as of October 30,

24 1995, is designated as Operation Provide Comfort.
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1 SEC. 1022. REPORT ON PROTECTION OF NATIONAL INFOR2 MATION INFRASTRUCTURE.

3 (a) REPORT REQUIREMENT.—Not later than 180

4 days after the date of the enactment of this Act, the Presi5 dent shall submit to Congress a report setting forth the

6 national policy on protecting the national information in7 frastructure against strategic attacks.

8 (b) MATTERS TO BE INCLUDED.—The report shall

9 include the following:

10 (1) A description of the national policy and

11 plans to meet essential Government and civilian

12 needs during a national security emergency associ13 ated with a strategic attack on elements of the na14 tional infrastructure the functioning of which depend

15 on networked computer systems.

16 (2) The identification of information infrastruc17 ture functions that must be performed during such

18 an emergency.

19 (3) The assignment of responsibilities to Fed20 eral departments and agencies, and a description of

21 the roles of Government and industry, relating to in22 dications and warning of, assessment of, response to,

23 and reconstitution after, potential strategic attacks

24 on the critical national infrastructures described

25 under paragraph (1).
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1 (c) OUTSTANDING ISSUES.—The report shall also

2 identify any outstanding issues in need of further study

3 and resolution, such as technology and funding shortfalls,

4 and legal and regulatory considerations.

5 SEC. 1023. REPORT ON WITNESS INTERVIEW PROCEDURES

6 FOR DEPARTMENT OF DEFENSE CRIMINAL

7 INVESTIGATIONS.

8 (a) SURVEY OF MILITARY DEPARTMENT POLICIES

9 AND PRACTICES.—The Comptroller General of the United

10 States shall conduct a survey of the policies and practices

11 of the military criminal investigative organizations with re12 spect to the manner in which interviews of suspects and

13 witnesses are conducted in connection with criminal inves14 tigations. The purpose of the survey shall be to ascertain

15 whether or not investigators and agents from those organi16 zations engage in illegal, unnecessary, or inappropriate

17 harassment and intimidation of individuals being inter18 viewed.

19 (b) REPORT.—Not later than 180 days after the date

20 of the enactment of this Act, the Comptroller General shall

21 submit to the Committee on National Security of the

22 House of Representatives and the Committee on Armed

23 Services of the Senate a report concerning the survey

24 under subsection (a). The report shall specifically address

25 the following:
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1 (1) The extent to which investigators of the

2 military criminal investigative organizations engage

3 in illegal or inappropriate practices in connection

4 with interviews of suspects in or witnesses to crimes.

5 (2) The extent to which the interview policies

6 established by the Department of Defense directive

7 or service regulation are adequate to instruct and

8 guide investigators in the proper conduct of subject

9 and witness interviews.

10 (3) The desirability and feasibility of requiring

11 the video and audio recording of all interviews.

12 (4) The desirability and feasibility of making

13 such recordings or written transcriptions of inter14 views, or both, available on demand to the subject or

15 witness interviewed.

16 (5) The extent to which existing directives or

17 regulations specify a prohibition against the display

18 by agents of those organizations of weapons during

19 interviews and the extent to which agents conducting

20 interviews inappropriately display weapons during

21 interviews.

22 (6) The extent to which existing directives or

23 regulations forbid agents of those organizations from

24 making judgmental statements during interviews re25 garding the guilt of the interviewee or the con-
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1 sequences of failing to cooperate with investigators,

2 and the extent to which agents conducting interviews

3 nevertheless engage in such practices.

4 (7) Any recommendation for legislation to en5 sure that investigators and agents of the military

6 criminal investigative organizations use legal and

7 proper tactics during interviews in connection with

8 Department of Defense criminal investigations.

9 (c) RESULTS OF INTERVIEWS AND SURVEYS.—The

10 Comptroller General shall include in the report under sub11 section (b) the results of interviews and surveys conducted

12 under subsection (a) with persons who were witnesses or

13 subjects in investigations conducted by military criminal

14 investigative organizations.

15 (d) DEFINITION.—For the purposes of this section,

16 the term ‘‘military criminal investigative organization’’

17 means any of the following:

18 (1) The Army Criminal Investigation Com19 mand.

20 (2) The Air Force Office of Special Investiga21 tions.

22 (3) The Naval Criminal Investigative Service.

23 (4) The Defense Criminal Investigative Service.
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1 Subtitle C—Other Matters

2 SEC. 1031. INFORMATION SYSTEMS SECURITY PROGRAM.

3 (a) ALLOCATION.—Of the amounts appropriated for

4 the Department of Defense for the Defense Information

5 Infrastructure for each of fiscal years 1998 through 2001,

6 the Secretary of Defense shall allocate to an information

7 systems security program, under a separate program ele8 ment, amounts as follows:

9 (1) For fiscal year 1998, 2.5 percent.

10 (2) For fiscal year 1999, 3.0 percent.

11 (3) For fiscal year 2000, 3.5 percent.

12 (4) For fiscal year 2001, 4.0 percent.

13 (b) RELATIONSHIP TO OTHER AMOUNTS.—Amounts

14 allocated under subsection (a) are in addition to amounts

15 appropriated to the National Security Agency and the De16 fense Advanced Research Projects Agency for information

17 security development, acquisition, and operations.

18 (c) ANNUAL REPORT.—The Secretary of Defense

19 shall submit to the congressional defense committee and

20 congressional intelligence committees a report not later

21 than April 15 of each year from 1998 through 2002 that

22 describes information security objectives of the Depart23 ment of Defense, the progress made during the previous

24 year in meeting those objectives, and plans of the Sec-
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1 retary with respect to meeting those objectives for the next

2 fiscal year.

3 SEC. 1032. AVIATION AND VESSEL WAR RISK INSURANCE.

4 (a) AVIATION RISK INSURANCE.—(1) Chapter 931 of

5 title 10, United States Code, is amended by adding at the

6 end the following new section:

7 ‘‘§ 9514. Indemnification of Department of Transpor8 tation for losses covered by defense-relat9 ed aviation insurance

10 ‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the

11 event of a loss that is covered by defense-related aviation

12 insurance, the Secretary of Defense shall promptly indem13 nify the Secretary of Transportation for the amount of

14 the loss. The Secretary of Defense shall make such indem15 nification—

16 ‘‘(1) in the case of a claim for the loss of an

17 aircraft hull, not later than 30 days following the

18 date of the presentment of the claim to the Sec19 retary of Transportation; and

20 ‘‘(2) in the case of any other claim, not later

21 than 180 days after the date on which the claim is

22 determined by the Secretary of Transportation to be

23 payable.

24 ‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM25 NITY.—The Secretary may pay an indemnity described in
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1 subsection (a) from any funds available to the Department

2 of Defense for operation and maintenance, and such sums

3 as may be necessary for payment of such indemnity are

4 hereby authorized to be transferred to the Secretary of

5 Transportation for such purpose.

6 ‘‘(c) NOTICE TO CONGRESS.—In the event of a loss

7 that is covered by defense-related aviation insurance in the

8 case of an incident in which the covered loss is (or is ex9 pected to be) in an amount in excess of $1,000,000, the

10 Secretary of Defense shall submit to Congress—

11 ‘‘(1) notification of the loss as soon after the

12 occurrence of the loss as possible and in no event

13 more than 30 days after the date of the loss; and

14 ‘‘(2) semiannual reports thereafter updating the

15 information submitted under paragraph (1) and

16 showing with respect to losses arising from such in17 cident the total amount expended to cover such

18 losses, the source of those funds, pending litigation,

19 and estimated total cost to the Government.

20 ‘‘(d) IMPLEMENTING MATTERS.—(1) Payment of in21 demnification under this section is not subject to section

22 2214 or 2215 of this title or any other provision of law

23 requiring notification to Congress before funds may be

24 transferred.
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1 ‘‘(2) Consolidation of claims arising from the same

2 incident is not required before indemnification of the Sec3 retary of Transportation for payment of a claim may be

4 made under this section.

5 ‘‘(e) CONSTRUCTION WITH OTHER TRANSFER AU6 THORITY.—Authority to transfer funds under this section

7 is in addition to any other authority provided by law to

8 transfer funds (whether enacted before, on, or after the

9 date of the enactment of this section) and is not subject

10 to any dollar limitation or notification requirement con11 tained in any other such authority to transfer funds.

12 ‘‘(f) DEFINITIONS.—In this section:

13 ‘‘(1) DEFENSE-RELATED AVIATION INSUR14 ANCE.—The term ‘defense-related aviation insur15 ance’ means aviation insurance and reinsurance pro16 vided through policies issued by the Secretary of

17 Transportation under chapter 443 of title 49 that

18 pursuant to section 44305(b) of that title is provided

19 by that Secretary without premium at the request of

20 the Secretary of Defense and is covered by an in21 demnity agreement between the Secretary of Trans22 portation and the Secretary of Defense.

23 ‘‘(2) LOSS.—The term ‘loss’ includes damage to

24 or destruction of property, personal injury or death,
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1 and other liabilities and expenses covered by the de2 fense-related aviation insurance.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘9514. Indemnification of Department of Transportation for losses covered by

defense-related aviation insurance.’’.

6 (b) VESSEL WAR RISK INSURANCE.—(1) Chapter

7 157 of title 10, United States Code, is amended by adding

8 after section 2644, as added by section 364(a), the follow9 ing new section:

10 ‘‘§ 2645. Indemnification of Department of Transpor11 tation for losses covered by vessel war

12 risk insurance

13 ‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the

14 event of a loss that is covered by vessel war risk insurance,

15 the Secretary of Defense shall promptly indemnify the

16 Secretary of Transportation for the amount of the loss.

17 The Secretary of Defense shall make such indemnifica18 tion—

19 ‘‘(1) in the case of a claim for a loss to a vessel,

20 not later than 90 days following the date of the ad21 judication or settlement of the claim by the Sec22 retary of Transportation; and

23 ‘‘(2) in the case of any other claim, not later

24 than 180 days after the date on which the claim is
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1 determined by the Secretary of Transportation to be

2 payable.

3 ‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM4 NITY.—The Secretary may pay an indemnity described in

5 subsection (a) from any funds available to the Department

6 of Defense for operation and maintenance, and such sums

7 as may be necessary for payment of such indemnity are

8 hereby authorized to be transferred to the Secretary of

9 Transportation for such purpose.

10 ‘‘(c) DEPOSIT OF FUNDS.—(1) Any amount trans11 ferred to the Secretary of Transportation under this sec12 tion shall be deposited in, and merged with amounts in,

13 the Vessel War Risk Insurance Fund as provided in the

14 second sentence of section 1208(a) of the Merchant Ma15 rine Act, 1936 (46 U.S.C. App. 1288(a)).

16 ‘‘(2) In this subsection, the term ‘Vessel War Risk

17 Insurance Fund’ means the insurance fund referred to in

18 the first sentence of section 1208(a) of the Merchant Ma19 rine Act, 1936 (46 U.S.C. App. 1288(a)).

20 ‘‘(d) NOTICE TO CONGRESS.—In the event of a loss

21 that is covered by vessel war risk insurance in the case

22 of an incident in which the covered loss is (or is expected

23 to be) in an amount in excess of $1,000,000, the Secretary

24 of Defense shall submit to Congress—
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1 ‘‘(1) notification of the loss as soon after the

2 occurrence of the loss as possible and in no event

3 more than 30 days after the date of the loss; and

4 ‘‘(2) semiannual reports thereafter updating the

5 information submitted under paragraph (1) and

6 showing with respect to losses arising from such in7 cident the total amount expended to cover such

8 losses, the source of such funds, pending litigation,

9 and estimated total cost to the Government.

10 ‘‘(e) IMPLEMENTING MATTERS.—(1) Payment of in11 demnification under this section is not subject to section

12 2214 or 2215 of this title or any other provision of law

13 requiring notification to Congress before funds may be

14 transferred.

15 ‘‘(2) Consolidation of claims arising from the same

16 incident is not required before indemnification of the Sec17 retary of Transportation for payment of a claim may be

18 made under this section.

19 ‘‘(f) CONSTRUCTION WITH OTHER TRANSFER AU20 THORITY.—Authority to transfer funds under this section

21 is in addition to any other authority provided by law to

22 transfer funds (whether enacted before, on, or after the

23 date of the enactment of this section) and is not subject

24 to any dollar limitation or notification requirement con25 tained in any other such authority to transfer funds.
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1 ‘‘(g) DEFINITIONS.—In this section:

2 ‘‘(1) VESSEL WAR RISK INSURANCE.—The term

3 ‘vessel war risk insurance’ means insurance and re4 insurance provided through policies issued by the

5 Secretary of Transportation under title XII of the

6 Merchant Marine Act, 1936 (46 U.S.C. App. 1281

7 et seq.), that is provided by that Secretary without

8 premium at the request of the Secretary of Defense

9 and is covered by an indemnity agreement between

10 the Secretary of Transportation and the Secretary of

11 Defense.

12 ‘‘(2) LOSS.—The term ‘loss’ includes damage to

13 or destruction of property, personal injury or death,

14 and other liabilities and expenses covered by the ves15 sel war risk insurance.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding after the item relating to

18 section 2644, as added by section 364(c)(3), the following

19 new item:

‘‘2645. Indemnification of Department of Transportation for losses covered by

vessel war risk insurance.’’.

20 SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.

21 (a) INDEPENDENCE AND OBJECTIVITY OF

22 BOARDS.—(1) Chapter 134 of title 10, United States

23 Code, is amended by adding at the end the following new

24 section:
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1 ‘‘§ 2255. Aircraft accident investigation boards: inde2 pendence and objectivity

3 ‘‘(a) REQUIRED MEMBERSHIP OF BOARDS.—When4 ever the Secretary of a military department convenes a

5 aircraft accident investigation board to conduct an acci6 dent investigation of an accident involving an aircraft

7 under the jurisdiction of the Secretary, the Secretary shall

8 select the membership of the board so that—

9 ‘‘(1) a majority of the voting members of the

10 board are selected from units outside the chain of

11 command of the mishap unit; and

12 ‘‘(2) at least one voting member of the board is

13 an officer or an employee assigned to the relevant

14 service safety center.

15 ‘‘(b) DETERMINATION OF UNITS OUTSIDE SAME

16 CHAIN OF COMMAND.—For purposes of this section, a

17 unit shall be considered to be outside the chain of com18 mand of another unit if the two units do not have a com19 mon commander in their respective chains of command

20 below a position for which the authorized grade is major

21 general or rear admiral.

22 ‘‘(c) MISHAP UNIT DEFINED.—In this section, the

23 term ‘mishap unit’, with respect to an aircraft accident

24 investigation, means the unit of the armed forces (at the

25 squadron level or equivalent) to which was assigned the
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1 flight crew of the aircraft that sustained the accident that

2 is the subject of the investigation.

3 ‘‘(d) SERVICE SAFETY CENTER.—For purposes of

4 this section, a service safety center is the single office or

5 separate operating agency of a military department that

6 has responsibility for the management of aviation safety

7 matters for that military department.’’.

8 (2) The table of sections at the beginning of sub9 chapter II of such chapter is amended by adding at the

10 end the following new item:

‘‘2255. Aircraft accident investigation boards: independence and objectivity.’’.

11 (b) EFFECTIVE DATE.—Section 2255 of title 10,

12 United States Code, as added by subsection (a), shall

13 apply with respect to any aircraft accident investigation

14 board convened by the Secretary of a military department

15 after the end of the six-month period beginning on the

16 date of the enactment of this Act.

17 SEC. 1034. AUTHORITY FOR USE OF APPROPRIATED FUNDS

18 FOR RECRUITING FUNCTIONS.

19 (a) AUTHORITY.—Chapter 31 of title 10, United

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘§ 520c. Recruiting functions: use of funds

23 ‘‘Under regulations prescribed by the Secretary con24 cerned, funds appropriated to the Department of Defense
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1 may be expended for small meals and snacks during re2 cruiting functions for the following persons:

3 ‘‘(1) Persons who have entered the Delayed

4 Entry Program under section 513 of this title and

5 other persons who are the subject of recruiting ef6 forts.

7 ‘‘(2) Persons in communities who assist the

8 military departments in recruiting efforts.

9 ‘‘(3) Military or civilian personnel whose attend10 ance at such functions is mandatory.

11 ‘‘(4) Other persons whose presence at recruiting

12 functions will contribute to recruiting efforts.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of such chapter is amended by adding

15 at the end the following new item:

‘‘520c. Recruiting functions: use of funds.’’.

16 SEC. 1035. AUTHORITY FOR AWARD OF MEDAL OF HONOR

17 TO CERTAIN AFRICAN AMERICAN SOLDIERS

18 WHO SERVED DURING WORLD WAR II.

19 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not20 withstanding the time limitations in section 3744(b) of

21 title 10, United States Code, or any other time limitation,

22 the President may award the Medal of Honor to the per23 sons specified in subsection (b), each of whom has been

24 found by the Secretary of the Army to have distinguished

25 himself conspicuously by gallantry and intrepidity at the
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1 risk of his life above and beyond the call of duty while

2 serving in the United States Army during World War II.

3 (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF

4 HONOR.—The persons referred to in subsection (a) are

5 the following:

6 (1) Vernon J. Baker, who served as a first lieu7 tenant in the 370th Infantry Regiment, 92nd Infan8 try Division.

9 (2) Edward A. Carter, who served as a staff

10 sergeant in the 56th Armored Infantry Battalion,

11 Twelfth Armored Division.

12 (3) John R. Fox, who served as a first lieuten13 ant in the 366th Infantry Regiment, 92nd Infantry

14 Division.

15 (4) Willy F. James, Jr., who served as a private

16 first class in 413th Infantry Regiment, 104th Infan17 try Division.

18 (5) Ruben Rivers, who served as a staff ser19 geant in the 761st Tank Battalion.

20 (6) Charles L. Thomas, who served as a first

21 lieutenant in the 614th Tank Destroyer Battalion.

22 (7) George Watson, who served as a private in

23 the 29th Quartermaster Regiment.
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1 (c) POSTHUMOUS AWARD.—The Medal of Honor may

2 be awarded under this section posthumously, as provided

3 in section 3752 of title 10, United States Code.

4 (d) PRIOR AWARD.—The Medal of Honor may be

5 awarded under this section for service for which a Distin6 guished-Service Cross, or other award, has been awarded.

7 SEC. 1036. COMPENSATION FOR PERSONS AWARDED PRIS8 ONER OF WAR MEDAL WHO DID NOT PRE9 VIOUSLY RECEIVE COMPENSATION AS A

10 PRISONER OF WAR.

11 (a) AUTHORITY TO MAKE PAYMENTS.—The Sec12 retary of the military department concerned shall make

13 payments in the manner provided in section 6 of the War

14 Claims Act of 1948 (50 U.S.C. App. 2005) to (or on be15 half of) any person described in subsection (b) who sub16 mits an application for such payment in accordance with

17 subsection (d).

18 (b) ELIGIBLE PERSONS.—This section applies with

19 respect to a member or former member of the Armed

20 Forces who—

21 (1) has received the prisoner of war medal

22 under section 1128 of title 10, United States Code;

23 and

24 (2) has not previously received a payment under

25 section 6 of the War Claims Act of 1948 (50 U.S.C.
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1 App. 2005) with respect to the period of internment

2 for which the person received the prisoner of war

3 medal.

4 (c) AMOUNT OF PAYMENT.—The amount of the pay5 ment to any person under this section shall be determined

6 based upon the provisions of section 6 of the War Claims

7 Act of 1948 that are applicable with respect to the period

8 of time during which the internment occurred for which

9 the person received the prisoner of war medal.

10 (d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLI11 CATIONS.—A payment may be made by reason of this sec12 tion only in the case of a person who submits an applica13 tion to the Secretary concerned for such payment during

14 the one-year period beginning on the date of the enact15 ment of this Act. Any such application shall be submitted

16 in such form and manner as the Secretary may require.

17 SEC. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR

18 STRATEGIC SECURITY STUDIES.

19 (a) ACCEPTANCE OF CONTRIBUTIONS.—The Sec20 retary of Defense may accept, on behalf of the George C.

21 Marshall European Center for Security Studies, from any

22 foreign nation any contribution of money or services made

23 by such nation to defray the cost of, or enhance the oper24 ations of, the George C. Marshall European Center for

25 Security Studies. Such contributions may include guest
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1 lecturers, faculty services, research materials, and other

2 donations through foundations or similar sources.

3 (b) NOTICE TO CONGRESS.—The Secretary of De4 fense shall notify Congress if total contributions of money

5 under subsection (a) exceed $2,000,000 in any fiscal year.

6 Any such notice shall list the nations and the amounts

7 of each such contribution.

8 (c) MARSHALL CENTER ATTENDANCE AND REPORT9 ING REQUIREMENT.—(1) The Secretary of Defense may

10 authorize participation by a European or Eurasian nation

11 in Marshall Center programs if—

12 (A) the Secretary determines, after consultation

13 with the Secretary of State, that such participation

14 is in the national interest of the United States; and

15 (B) the Secretary determines that such partici16 pation (notwithstanding any other provision of law)

17 by that nation in Marshall Center programs will ma18 terially contribute to the reform of the electoral

19 process or development of democratic institutions or

20 democratic political parties in that nation.

21 (2) The Secretary of Defense shall notify Congress

22 of such determination not less than 90 days in advance

23 of any such participation by such nation pursuant to the

24 determination concerning that nation.
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1 (3) The Secretary of Defense shall submit to Con2 gress an annual report on the participation of European

3 and Eurasian nations in programs of the Marshall Center.

4 (d) MARSHALL CENTER BOARD OF VISITORS.—(1)

5 In the case of any United States citizen invited to serve

6 without compensation on the Marshall Center Board of

7 Visitors, the Secretary of Defense may waive any require8 ment for financial disclosure that would otherwise be ap9 plicable to that person by reason of service on such Board

10 of Visitors.

11 (2) Notwithstanding section 219 of title 18, United

12 States Code, a non-United States citizen may serve on the

13 Board even though registered as a foreign agent.

14 SEC. 1038. PARTICIPATION OF MEMBERS, DEPENDENTS,

15 AND OTHER PERSONS IN CRIME PREVENTION

16 EFFORTS AT INSTALLATIONS.

17 (a) CRIME PREVENTION.—The Secretary of Defense

18 shall prescribe regulations intended to require members of

19 the Armed Forces, dependents of members, civilian em20 ployees of the Department of Defense, and employees of

21 defense contractors performing work at military installa22 tions to report to an appropriate military law enforcement

23 agency any crime or criminal activity that the person rea24 sonably believes occurred on a military installation.
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1 (b) SANCTIONS.—As part of the regulations, the Sec2 retary shall consider the feasibility of imposing sanctions

3 against a person described in subsection (a), particularly

4 a member of the Armed Forces, who fails to report the

5 occurrence of a crime or criminal activity as required by

6 the regulations.

7 (c) REPORT REGARDING IMPLEMENTATION.—Not

8 later than February 1, 1997, the Secretary shall submit

9 to Congress a report describing the plans of the Secretary

10 to implement this section.

11 SEC. 1039. TECHNICAL AND CLERICAL AMENDMENTS.

12 (a) CORRECTIONS IN STATUTORY REFERENCES.—

13 (1) REFERENCE TO COMMAND FORMERLY

14 KNOWN AS THE NORTH AMERICAN AIR DEFENSE

15 COMMAND.—Section 162(a) of title 10, United

16 States Code, is amended by striking out ‘‘North

17 American Air Defense Command’’ in paragraphs

18 (1), (2), and (3) and inserting in lieu thereof ‘‘North

19 American Aerospace Defense Command’’.

20 (2) REFERENCES TO FORMER NAVAL RECORDS

21 AND HISTORY OFFICE AND FUND.—(A) Section

22 7222 of title 10, United States Code, is amended in

23 subsections (a) and (c) by striking out ‘‘Office of

24 Naval Records and History’’ each place it appears
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1 and inserting in lieu thereof ‘‘Naval Historical Cen2 ter’’.

3 (B)(i) The heading of such section is amended

4 to read as follows:

5 ‘‘§ 7222. Naval Historical Center Fund’’.

6 (ii) The item relating to such section in the

7 table of sections at the beginning of chapter 631 of

8 title 10, United States Code, is amended to read as

9 follows:

‘‘7222. Naval Historical Center Fund.’’.

10 (C) Section 2055(g) of the Internal Revenue

11 Code of 1986 is amended by striking out paragraph

12 (4) and inserting in lieu thereof the following:

‘‘(4) For treatment of gifts and bequests for the

benefit of the Naval Historical Center as gifts or bequests to or for the use of the United States, see section 7222 of title 10, United States Code.’’.

13 (3) CHEMICAL DEMILITARIZATION CITIZENS

14 ADVISORY COMMISSIONS.—Section 172 of the Na15 tional Defense Authorization Act for Fiscal Year

16 1993 (Public Law 102–484; 106 Stat. 2341; 50

17 U.S.C. 1521 note) is amended by striking out ‘‘As18 sistant Secretary of the Army (Installations, Logis19 tics, and Environment)’’ in subsections (b) and (f)

20 and inserting in lieu thereof ‘‘Assistant Secretary of

21 the Army (Research, Development and Acquisi22 tion)’’.
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1 (b) MISCELLANEOUS AMENDMENTS TO TITLE 10,

2 United States Code.—Title 10, United States Code, is

3 amended as follows:

4 (1) Section 129(a) is amended by striking out

5 ‘‘the date of the enactment of the National Defense

6 Authorization Act for Fiscal Year 1996’’ and insert7 ing in lieu thereof ‘‘February 10, 1996,’’.

8 (2) Section 401 is amended—

9 (A) in subsection (a)(4), by striking out

10 ‘‘Armed Forces’’ both places it appears and in11 serting in lieu thereof ‘‘armed forces’’; and

12 (B) in subsection (e), by inserting ‘‘any of

13 the following’’ after ‘‘means’’.

14 (3) Section 528(b) is amended by striking out

15 ‘‘(1)’’ after ‘‘(b)’’ and inserting ‘‘(1)’’ before ‘‘The

16 limitation’’.

17 (4) Section 1078a(a) is amended by striking

18 out ‘‘Beginning on October 1, 1994, the’’ and insert19 ing in lieu thereof ‘‘The’’.

20 (5) Section 1161(b)(2) is amended by striking

21 out ‘‘section 1178’’ and inserting in lieu thereof

22 ‘‘section 1167’’.

23 (6) Section 1167 is amended by striking out

24 ‘‘person’’ and inserting in lieu thereof ‘‘member’’.
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1 (7) The table of sections at the beginning of

2 chapter 81 is amended by striking out ‘‘Sec.’’ in the

3 item relating to section 1599a.

4 (8) Section 1588(d)(1)(C) is amended by strik5 ing out ‘‘Section 522a’’ and inserting in lieu thereof

6 ‘‘Section 552a’’.

7 (9) Chapter 87 is amended—

8 (A) in section 1723(a), by striking out the

9 second sentence;

10 (B) in section 1724, by striking out ‘‘, be11 ginning on October 1, 1993,’’ in subsections (a)

12 and (b);

13 (C) in section 1733(a), by striking out ‘‘On

14 and after October 1, 1993, a’’ and inserting in

15 lieu thereof ‘‘A’’; and

16 (D) in section 1734—

17 (i) in subsection (a)(1), by striking

18 out ‘‘, on and after October 1, 1993,’’; and

19 (ii) in subsection (b)(1)(A), by strik20 ing out ‘‘, on and after October 1, 1991,’’.

21 (10) Section 2216, as added by section 371 of

22 the National Defense Authorization Act for Fiscal

23 Year 1996 (Public Law 104–106; 107 Stat. 277), is

24 redesignated as section 2216a, and the item relating

25 to that section in the table of sections at the begin-
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1 ning of chapter 131 is revised so as to reflect such

2 redesignation.

3 (11) Section 2305(b)(6) is amended—

4 (A) in subparagraph (B), by striking out

5 ‘‘of this section’’ and ‘‘of this paragraph’’;

6 (B) in subparagraph (C), by striking out

7 ‘‘this subsection’’ and inserting in lieu thereof

8 ‘‘subparagraph (A)’’; and

9 (C) in subparagraph (D), by striking out

10 ‘‘pursuant to this subsection’’ and inserting in

11 lieu thereof ‘‘under subparagraph (A)’’.

12 (12) Section 2306a(h)(3) is amended by insert13 ing ‘‘(41 U.S.C. 403(12))’’ before the period at the

14 end.

15 (13) Section 2323a(a) is amended by striking

16 out ‘‘section 1207 of the National Defense Author17 ization Act for Fiscal Year 1987 (10 U.S.C. 2301

18 note)’’ and inserting in lieu thereof ‘‘section 2323 of

19 this title’’.

20 (14) Section 2534(c)(4) is amended by striking

21 out ‘‘the date occurring two years after the date of

22 the enactment of the National Defense Authoriza23 tion Act for Fiscal Year 1996’’ and inserting in lieu

24 thereof ‘‘February 10, 1998’’.
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1 (15) The table of sections at the beginning of

2 chapter 155 is amended by striking out the item re3 lating to section 2609.

4 (16) Section 2610(e) is amended by striking

5 out ‘‘two years after the date of the enactment of

6 the National Defense Authorization Act for Fiscal

7 Year 1996’’ and inserting in lieu thereof ‘‘on Feb8 ruary 10, 1998’’.

9 (17) Sections 2824(c) and 2826(i)(1) are

10 amended by striking out ‘‘the date of the enactment

11 of the National Defense Authorization Act for Fiscal

12 Year 1996’’ and inserting in lieu thereof ‘‘February

13 10, 1996’’.

14 (18) Section 3036(d) is amended by striking

15 out ‘‘For purposes of this subsection,’’ and inserting

16 in lieu thereof ‘‘In this subsection,’’.

17 (19) The table of sections at the beginning of

18 chapter 641 is amended by striking out the item re19 lating to section 7434.

20 (20) Section 10542(b)(21) is amended by strik21 ing out ‘‘261’’ and inserting in lieu thereof ‘‘12001’’.

22 (21) Section 12205(a) is amended by striking

23 out ‘‘After September 30, 1995, no person’’ and in24 serting in lieu thereof ‘‘No person’’.
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1 (c) AMENDMENTS TO PUBLIC LAW 104–106.—The

2 National Defense Authorization Act for Fiscal Year 1996

3 (Public Law 104–106; 110 Stat. 186 et seq.) is amended

4 as follows:

5 (1) Section 561(d)(1) (110 Stat. 322) is

6 amended by inserting ‘‘of such title’’ after ‘‘Section

7 1405(c)’’.

8 (2) Section 903(e)(1) (110 Stat. 402) is amend9 ed—

10 (A) in subparagraph (A), by striking out

11 ‘‘paragraphs (6) and (8)’’ and inserting in lieu

12 thereof ‘‘paragraph (6)’’; and

13 (B) in subparagraph (B), by inserting

14 ‘‘(8),’’ after ‘‘(7),’’ and by striking out ‘‘and

15 (9),’’ and inserting in lieu thereof ‘‘(9), and

16 (10),’’.

17 (3) Section 1092(b)(2) (110 Stat. 460) is

18 amended by striking out the period at the end and

19 inserting in lieu thereof ‘‘; and’’.

20 (4) Section 4301(a)(1) (110 Stat. 656) is

21 amended by inserting ‘‘of subsection (a)’’ after ‘‘in

22 paragraph (2)’’.

23 (5) Section 5601 (110 Stat. 699) is amended—
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1 (A) in subsection (a), by inserting ‘‘of title

2 10, United States Code,’’ before ‘‘is amended’’;

3 and

4 (B) in subsection (c), by striking out ‘‘use

5 of equipment or services, if’’ in the second

6 quoted matter therein and inserting in lieu

7 thereof ‘‘use of the equipment or services’’.

8 (d) PROVISIONS EXECUTED BEFORE ENACTMENT OF

9 PUBLIC LAW 104–106.—

10 (1) Section 533(b) of the National Defense Au11 thorization Act for Fiscal Year 1996 (Public Law

12 104–106; 110 Stat. 315) shall apply as if enacted as

13 of December 31, 1995.

14 (2) The authority provided under section 942(f)

15 of title 10, United States Code, shall be effective as

16 if section 1142 of the National Defense Authoriza17 tion Act for Fiscal Year 1996 (Public Law 104–106;

18 110 Stat. 467) had been enacted on September 29,

19 1995.

20 (e) AMENDMENTS TO OTHER ACTS.—

21 (1) The last section of the Office of Federal

22 Procurement Policy Act (41 U.S.C. 434), as added

23 by section 5202 of Public Law 104–106 (110 Stat.

24 690), is redesignated as section 38, and the item ap25 pearing after section 34 in the table of contents in
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1 the first section of that Act is transferred to the end

2 of such table of contents and revised so as to reflect

3 such redesignation.

4 (2) Section 1412(g)(2) of the Department of

5 Defense Authorization Act, 1986 (50 U.S.C.

6 1521(g)(2)), is amended—

7 (A) in the matter preceding subparagraph

8 (A), by striking out ‘‘shall contain—’’ and in9 serting in lieu thereof ‘‘shall include the follow10 ing:’’;

11 (B) in subparagraph (A)—

12 (i) by striking out ‘‘a’’ before ‘‘site-by13 site’’ and inserting in lieu thereof ‘‘A’’; and

14 (ii) by striking out the semicolon at

15 the end and inserting in lieu thereof a pe16 riod; and

17 (C) in subparagraphs (B) and (C), by

18 striking out ‘‘an’’ at the beginning of the sub19 paragraph and and inserting in lieu thereof

20 ‘‘An’’.

21 (f) COORDINATION WITH OTHER AMENDMENTS.—

22 For purposes of applying amendments made by provisions

23 of this Act other than provisions of this section, this sec24 tion shall be treated as having been enacted immediately

25 before the other provisions of this Act.
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1 SEC. 1040. PROHIBITION ON CARRYING OUT SR–71 STRATE2 GIC RECONNAISSANCE PROGRAM DURING

3 FISCAL YEAR 1997.

4 The Secretary of Defense may not carry out any aer5 ial reconnaissance program during fiscal year 1997 using

6 the SR–71 aircraft.

7 SEC. 1041. DEFENSE BURDENSHARING.

8 (a) FINDINGS.—Congress makes the following find9 ings:

10 (1) Although the Cold War has ended, the

11 United States continues to spend billions of dollars

12 to promote regional security and to make prepara13 tions for regional contingencies.

14 (2) United States defense expenditures pri15 marily promote United States national security in16 terests; however, they also significantly contribute to

17 the defense of our allies.

18 (3) In 1993, the gross domestic product of the

19 United States equaled $6,300,000,000,000, while

20 the gross domestic product of other NATO member

21 countries totaled $7,200,000,000,000.

22 (4) Over the course of 1993, the United States

23 spent 4.7 percent of its gross domestic product on

24 defense, while other NATO members collectively

25 spent 2.5 percent of their gross domestic product on

26 defense.
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1 (5) In addition to military spending, foreign as2 sistance plays a vital role in the establishment and

3 maintenance of stability in other nations and in im4 plementing the United States national security strat5 egy.

6 (6) This assistance has often prevented the out7 break of conflicts which otherwise would have re8 quired costly military interventions by the United

9 States and our allies.

10 (7) From 1990–1993, the United States spent

11 $59,000,000,000 in foreign assistance, a sum which

12 represents an amount greater than any other nation

13 in the world.

14 (8) In 1995, the United States spent over

15 $10,000,000,000 to promote European security,

16 while European NATO nations only contributed

17 $2,000,000,000 toward this effort.

18 (9) With a smaller gross domestic product and

19 a larger defense budget than its European NATO

20 allies, the United States shoulders an unfair share

21 of the burden of the common defense.

22 (10) Because of this unfair burden, the Con23 gress previously voted to require United States allies

24 to bear a greater share of the costs incurred for
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1 keeping United States military forces permanently

2 assigned in their countries.

3 (11) As a result of this action, for example,

4 Japan now pays over 75 percent of the nonpersonnel

5 costs incurred by United States military forces per6 manently assigned there, while our European allies

7 pay for less than 25 percent of these same costs.

8 Japan signed a new Special Measures Agreement

9 this year which will increase Japan’s contribution to10 ward the cost of stationing United States troops in

11 Japan by approximately $30,000,000 a year over the

12 next five years.

13 (12) These increased contributions help to rec14 tify the imbalance in the burden shouldered by the

15 United States for the common defense.

16 (13) The relative share of the burden of the

17 common defense still falls too heavily on the United

18 States, and our allies should dedicate more of their

19 own resources to defending themselves.

20 (b) EFFORTS TO INCREASE ALLIED

21 BURDENSHARING.—The President shall seek to have each

22 nation that has cooperative military relations with the

23 United States (including security agreements, basing ar24 rangements, or mutual participation in multinational mili-
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1 tary organizations or operations) take one or more of the

2 following actions:

3 (1) For any nation in which United States mili4 tary personnel are assigned to permanent duty

5 ashore, increase its financial contributions to the

6 payment of the nonpersonnel costs incurred by the

7 United States Government for stationing United

8 States military personnel in that nation, with a goal

9 of achieving the following percentages of such costs:

10 (A) By September 30, 1997, 37.5 percent.

11 (B) By September 30, 1998, 50 percent.

12 (C) By September 30, 1999, 62.5 percent.

13 (D) By September 30, 2000, 75 percent.

14 An increase in financial contributions by any nation

15 under this paragraph may include the elimination of

16 taxes, fees, or other charges levied on United States

17 military personnel, equipment, or facilities stationed

18 in that nation.

19 (2) Increase its annual budgetary outlays for

20 national defense as a percentage of its gross domes21 tic product by 10 percent or at least to a level com22 mensurate to that of the United States by Septem23 ber 30, 1997.

24 (3) Increase its annual budgetary outlays for

25 foreign assistance (to promote democratization, eco-
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1 nomic stabilization, transparency arrangements, de2 fense economic conversion, respect for the rule of

3 law, and internationally recognized human rights) by

4 10 percent or at least to a level commensurate to

5 that of the United States by September 30, 1997.

6 (4) Increase the amount of military assets (in7 cluding personnel, equipment, logistics, support and

8 other resources) that it contributes, or would be pre9 pared to contribute, to multinational military activi10 ties worldwide, including United Nations or regional

11 peace operations.

12 (c) AUTHORITIES TO ENCOURAGE ACTIONS BY UNIT13 ED STATES ALLIES.—In seeking the actions described in

14 subsection (b) with respect to any nation, or in response

15 to a failure by any nation to undertake one or more of

16 such actions, the President may take any of the following

17 measures:

18 (1) Reduce the end strength level of members

19 of the Armed Forces assigned to permanent duty

20 ashore in that nation.

21 (2) Impose on that nation taxes, fees, or other

22 charges similar to those that such nation imposes on

23 United States forces stationed in that nation.

24 (3) Reduce (through rescission, impoundment,

25 or other appropriate procedures as authorized by
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1 law) the amount the United States contributes to

2 the NATO Civil Budget, Military Budget, or Secu3 rity Investment Program.

4 (4) Suspend, modify, or terminate any bilateral

5 security agreement the United States has with that

6 nation.

7 (5) Reduce (through rescission, impoundment

8 or other appropriate procedures as authorized by

9 law) any United States bilateral assistance appro10 priated for that nation.

11 (6) Take any other action the President deter12 mines to be appropriate as authorized by law.

13 (d) REPORT ON PROGRESS IN INCREASING ALLIED

14 BURDENSHARING.—Not later than March 1, 1997, the

15 Secretary of Defense shall submit to Congress a report

16 on—

17 (1) steps taken by other nations to complete the

18 actions described in subsection (b);

19 (2) all measures taken by the President, includ20 ing those authorized in subsection (c), to achieve the

21 actions described in subsection (b); and

22 (3) the budgetary savings to the United States

23 that are expected to accrue as a result of the steps

24 described under paragraph (1).
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1 (e) REPORT ON NATIONAL SECURITY BASES FOR

2 FORWARD DEPLOYMENT AND BURDENSHARING RELA3 TIONSHIPS.—(1) In order to ensure the best allocation of

4 budgetary resources, the President shall undertake a re5 view of the status of elements of the United States Armed

6 Forces that are permanently stationed outside the United

7 States. The review shall include an assessment of the fol8 lowing:

9 (A) The alliance requirements that are to be

10 found in agreements between the United States and

11 other countries.

12 (B) The national security interests that support

13 permanently stationing elements of the United

14 States Armed Forces outside the United States.

15 (C) The stationing costs associated with the

16 forward deployment of elements of the United States

17 Armed Forces.

18 (D) The alternatives available to forward de19 ployment (such as material prepositioning, enhanced

20 airlift and sealift, or joint training operations) to

21 meet such alliance requirements or national security

22 interests, with such alternatives identified and de23 scribed in detail.
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1 (E) The costs and force structure configura2 tions associated with such alternatives to forward

3 deployment.

4 (F) The financial contributions that allies of

5 the United States make to common defense efforts

6 (to promote democratization, economic stabilization,

7 transparency arrangements, defense economic con8 version, respect for the rule of law, and internation9 ally recognized human rights).

10 (G) The contributions that allies of the United

11 States make to meeting the stationing costs associ12 ated with the forward deployment of elements of the

13 United States Armed Forces.

14 (H) The annual expenditures of the United

15 States and its allies on national defense, and the rel16 ative percentages of each nation’s gross domestic

17 product constituted by those expenditures.

18 (2) The President shall submit to Congress a report

19 on the review under paragraph (1). The report shall be

20 submitted not later than March 1, 1997, in classified and

21 unclassified form.
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1 SEC. 1042. AUTHORITY TO TRANSPORT HEALTH PROFES2 SIONALS SEEKING TO PROVIDE HEALTH-RE3 LATED HUMANITARIAN RELIEF SERVICES.

4 Section 402 of title 10, United States Code, is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(e)(1) Notwithstanding any other provision of law,

8 and subject to paragraph (2), the Secretary of Defense

9 may transport to any country, without charge, health pro10 fessionals who are traveling in order to furnish health-care

11 related services as part of a humanitarian relief activity.

12 Such transportation may be provided only on an invita13 tional space-required noninterference basis.

14 ‘‘(2) Any expenses incurred as a direct result of pro15 viding such transportation shall be paid out of funds spe16 cifically appropriated to the Department of Defense for

17 Overseas Humanitarian, Disaster, and Civic Aid

18 (OHDACA) programs of the Department.’’.

19 SEC. 1043. TREATMENT OF EXCESS DEFENSE ARTICLES OF

20 COAST GUARD UNDER FOREIGN ASSISTANCE

21 ACT OF 1961.

22 (a) DEFINITION OF EXCESS DEFENSE ARTICLE.—

23 Section 644(g) of the Foreign Assistance Act of 1961 (22

24 U.S.C. 2403(g)) is amended by adding at the end the fol25 lowing new sentence: ‘‘Such term includes excess property

26 of the Coast Guard.’’.
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1 (b) CONFORMING AMENDMENT.—Section 517 of

2 such Act (22 U.S.C. 2321k) is amended by striking out

3 subsection (k).

4 SEC. 1044. FORFEITURE OF RETIRED PAY OF MEMBERS

5 WHO ARE ABSENT FROM THE UNITED STATES

6 TO AVOID PROSECUTION.

7 (a) DEVELOPMENT OF FORFEITURE PROCEDURES.—

8 Not later than 30 days after the date of the enactment

9 of this Act, the Secretary of Defense shall develop uniform

10 procedures under which the Secretary of a military depart11 ment may cause to be forfeited the retired pay of a mem12 ber or former member of the uniformed services who will13 fully remains outside the United States to avoid criminal

14 prosecution or civil liability. The types of offenses for

15 which the procedures shall be used shall include the of16 fenses specified in section 8312 of title 5, United States

17 Code, and such other criminal offenses and civil proceed18 ings as the Secretary of Defense considers to be appro19 priate.

20 (b) REPORT TO CONGRESS.—The Secretary of De21 fense shall submit to Congress a report describing the pro22 cedures developed under subsection (a). The report shall

23 include recommendations regarding changes to existing

24 law, including section 8313 of title 5, United States Code,
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1 that the Secretary determines are necessary to fully imple2 ment the procedures.

3 (c) RETIRED PAY DEFINED.—In this section, the

4 term ‘‘retired pay’’ means retired pay, retirement pay, re5 tainer pay, or equivalent pay, payable under a statute to

6 a member or former member of a uniformed service.

7 SEC. 1045. CHEMICAL STOCKPILE EMERGENCY PREPARED8 NESS PROGRAM.

9 (a) REPORT.—Not later than 120 days after the date

10 of the enactment of this Act, the Secretary of the Army

11 shall submit to the Committee on Armed Services of the

12 Senate and the Committee on National Security of the

13 House of Representatives a report assessing the imple14 mentation and success of the establishment of site-specific

15 Integrated Product and Process Teams as a management

16 tool for the Chemical Stockpile Emergency Preparedness

17 Program.

18 (b) CONTINGENT MANDATED REFORMS.—If at the

19 end of the 120-day period beginning on the date of the

20 enactment of this Act the Secretary of the Army and the

21 Director of the Federal Emergency Management Agency

22 have been unsuccessful in implementing a site-specific In23 tegrated Product and Process Team with each of the af24 fected States, the Secretary of the Army shall—
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1 (1) assume full control and responsibility for

2 the Chemical Stockpile Emergency Preparedness

3 Program (eliminating the role of the Director of the

4 Federal Emergency Management Agency as joint

5 manager of the program);

6 (2) establish programmatic agreement with

7 each of the affected States regarding program re8 quirements, implementation schedules, training and

9 exercise requirements, and funding (to include direct

10 grants for program support);

11 (3) clearly define the goals of the program; and

12 (4) establish fiscal constraints for the program.

13 SEC. 1046. QUARTERLY REPORTS REGARDING COPRODUC14 TION AGREEMENTS.

15 (a) QUARTERLY REPORTS ON COPRODUCTION

16 AGREEMENTS.—Section 36(a) of the Arms Export Con17 trol Act (22 U.S.C. 2776(a)) is amended—

18 (1) by striking out ‘‘and’’ at the end of para19 graph (10);

20 (2) by striking out the period at the end of

21 paragraph (11) and inserting in lieu thereof ‘‘; and’’;

22 and

23 (3) by inserting after paragraph (11) the fol24 lowing new paragraph:
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1 ‘‘(12) a report on all concluded government-to2 government agreements regarding foreign coproduc3 tion of defense articles of United States origin and

4 all other concluded agreements involving coproduc5 tion or licensed production outside of the United

6 States of defense articles of United States origin (in7 cluding coproduction memoranda of understanding

8 or agreement) that have not been previously re9 ported under this subsection, which shall include—

10 ‘‘(A) the identity of the foreign countries,

11 international organizations, or foreign firms in12 volved;

13 ‘‘(B) a description and the estimated value

14 of the articles authorized to be produced, and

15 an estimate of the quantity of the articles au16 thorized to be produced;

17 ‘‘(C) a description of any restrictions on

18 third party transfers of the foreign-manufac19 tured articles; and

20 ‘‘(D) if any such agreement does not pro21 vide for United States access to and verification

22 of quantities of articles produced overseas and

23 their disposition in the foreign country, a de24 scription of alternative measures and controls

25 incorporated in the coproduction or licensing
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1 program to ensure compliance with restrictions

2 in the agreement on production quantities and

3 third party transfers.’’.

4 (b) EFFECTIVE DATE.—Paragraph (12) of section

5 36(a) of the Arms Export Control Act, as added by sub6 section (a)(3), does not apply with respect to an agreement

7 described in such paragraph entered into before the date

8 of the enactment of this Act.

9 SEC. 1047. FAILURE TO COMPLY WITH VETERANS’ PREF10 ERENCE REQUIREMENTS TO BE TREATED AS

11 A PROHIBITED PERSONNEL PRACTICE.

12 (a) IN GENERAL.—An employee of the Department

13 of Defense who has authority to take, direct others to

14 take, recommend, or approve any personnel action, shall

15 not, with respect to such authority, take or fail to take

16 any personnel action with respect to an employee or appli17 cant for employment if the taking of or failure to take

18 such action would violate any law, rule, or regulation im19 plementing, or directly concerning, veterans’ preference.

20 (b) EFFECT OF NONCOMPLIANCE.—A failure to com21 ply with subsection (a) shall be treated as a prohibited

22 personnel practice.

23 (c) REPORTING REQUIREMENT.—The Secretary of

24 Defense shall, not later than 6 months after the date of
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1 the enactment of this Act, submit a written report to each

2 House of Congress with respect to—

3 (1) the implementation of this section; and

4 (2) the administration of veterans’ preference

5 requirements by the Department of Defense gen6 erally.

7 (d) DEFINITIONS.—For the purpose of this section,

8 the terms ‘‘personnel action’’ and ‘‘prohibited personnel

9 practice’’ shall have the respective meanings given them

10 by section 2302 of title 5, United States Code.

11 SEC. 1048. SENSE OF CONGRESS AND PRESIDENTIAL RE12 PORT REGARDING NUCLEAR WEAPONS PRO13 LIFERATION AND POLICIES OF THE PEOPLE’S

14 REPUBLIC OF CHINA.

15 (a) FINDINGS.—The Congress finds that—

16 (1) intelligence investigations by the United

17 States have revealed transfers from the People’s Re18 public of China to Pakistan of sophisticated equip19 ment important to the development of nuclear weap20 ons;

21 (2) the People’s Republic of China acceded to

22 the Treaty on the Non-Proliferation of Nuclear

23 Weapons (hereafter in this section referred to as the

24 ‘‘NPT’’) as a nuclear-weapon state on March 9,

25 1992;
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1 (3) Article I of the NPT stipulates that a nu2 clear-weapon state party to the treaty shall not in

3 any way encourage, assist, or induce any non-nu4 clear-weapon state to manufacture or otherwise ac5 quire nuclear weapons;

6 (4) the NPT establishes a non-nuclear-weapon

7 state as one which has not manufactured and ex8 ploded a nuclear weapon by January 1, 1967;

9 (5) Pakistan had not manufactured and ex10 ploded a nuclear weapon by January 1, 1967;

11 (6) Article III of the NPT requires each party

12 to the treaty not to provide to any non-nuclear13 weapon state equipment or material designed or pre14 pared for the processing, use, or production of spe15 cial fissionable material, unless the material is sub16 ject to the safeguards stipulated in the treaty;

17 (7) Pakistan has not acceded to the NPT, and

18 nuclear-related equipment and material provided to

19 Pakistan is not subject to international safeguards;

20 (8) under the NPT, assisting a non-nuclear21 weapon state to acquire unsafeguarded nuclear ma22 terial important to the manufacture of nuclear weap23 ons is a violation of Articles I and III of the NPT;

24 (9) this transfer constitutes the latest example

25 in a consistent pattern of nuclear weapon-related ex-
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1 ports by the People’s Republic of China to non-nu2 clear-weapon states in violation of international trea3 ties and agreements and United States laws relating

4 to the nonproliferation of nuclear weapons;

5 (10) failure to enforce the applicable sanctions

6 available under United States law in this case com7 promises vital security interests and undermines the

8 credibility of United States and international efforts

9 to discourage commerce in nuclear-related equip10 ment, technology, and materials;

11 (11) recent claims by senior Chinese officials

12 that the Government of the People’s Republic of

13 China was unaware of any transfers of ring magnets

14 by a goverment-owned entity, if true, call into ques15 tion the reliability and effectiveness of Chinese ex16 port controls; and

17 (12) recent exports of sophisticated nuclear-re18 lated technologies reduce the credibility of previous

19 assurances by the People’s Republic of China con20 cerning its nonproliferation policies since the ratifi21 cation of the NPT.

22 (b) SENSE OF CONGRESS.—It is the sense of the

23 Congress that in responding to the transfer from the Peo24 ple’s Republic of China to Pakistan of equipment impor25 tant to the development of a nuclear weapons program—
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1 (1) the President should not have decided that

2 there was not a sufficient basis to warrant a deter3 mination that sanctionable activity occurred under

4 section 2(b)(4) of the Export-Import Bank Act of

5 1945, as amended by section 825 of the Nuclear

6 Proliferation Prevention Act of 1994; and

7 (2) the President should have imposed the

8 strongest possible sanctions available under United

9 States law on all Chinese official and commercial en10 tities associated directly or indirectly with the re11 search, development, sale, transportation, or financ12 ing of any nuclear or military industrial product or

13 service made available for export since March 9,

14 1992.

15 (c) REPORT.—Not later than 60 days after the date

16 of the enactment of this Act, the President shall submit

17 to the Congress a report on the response of the United

18 States to the transfer from the People’s Republic of China

19 to Pakistan of equipment important to the development

20 of a nuclear weapons program. The President shall include

21 in the report the following:

22 (1) The specific justification of the Secretary of

23 State for determining that there was not sufficient

24 basis for imposing sanctions under section 2(b)(4) of

25 the Export-Import Bank Act of 1945, as amended
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1 by section 825 of the Nuclear Proliferation Preven2 tion Act of 1994, by reason of such transfer from

3 the People’s Republic of China to Pakistan.

4 (2) What commitment the United States Gov5 ernment is seeking from the People’s Republic of

6 China to ensure that the People’s Republic of China

7 establishes a fully effective export control system

8 that will prevent transfers (such as the Pakistan

9 sale) from taking place in the future.

10 (3) Whether, in light of the recent assurances

11 provided by the People’s Republic of China, the

12 President intends to make the certification and sub13 mit the report required by section 902(a)(6)(B) of

14 the Foreign Relations Authorization Act, Fiscal

15 Years 1990 and 1991 (22 U.S.C. 2151 note), and

16 make the certification and submit the report re17 quired by Public Law 99–183, relating to the ap18 proval and implementation of the agreement for nu19 clear cooperation between the United States and the

20 People’s Republic of China, and, if not, why not.

21 (4) Whether the Secretary of State considers

22 the recent assurances and clarifications provided by

23 the People’s Republic of China to have provided suf24 ficient information to allow the United States to de25 termine that the People’s Republic of China is not
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1 in violation of paragraph (2) of section 129 of the

2 Atomic Energy Act of 1954, as required by Public

3 Law 99–183.

4 (5) If the President is unable or unwilling to

5 make the certifications and reports referred to in

6 paragraph (3), a description of what the President

7 considers to be the significance of the clarifications

8 and assurances provided by the People’s Republic of

9 China in the course of the recent discussions regard10 ing the transfer by the People’s Republic of China

11 of nuclear-weapon-related equipment to Pakistan.

12 SEC. 1049. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO,

13 CALIFORNIA.

14 (a) TRANSFER.—The Secretary of the Navy shall

15 transfer the U.S.S. Drum (SSN–677) to the city of

16 Vallejo, California, in accordance with this section and

17 upon satisfactory completion of a ship donation applica18 tion. Before making such transfer, the Secretary of the

19 Navy shall remove from the vessel the reactor compart20 ment and other classified and sensitive military equip21 ment.

22 (b) FUNDING.—As provided in section 7306(c) of

23 title 10, United States Code, the transfer of the vessel au24 thorized by this section shall be made at no cost to the

25 United States (beyond the cost which the United States
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1 would otherwise incur for dismantling and recycling of the

2 vessel).

3 (c) APPLICABLE LAW.—The transfer under this sec4 tion shall be subject to subsection (b) of section 7306 of

5 title 10, United States Code, but the provisions of sub6 section (d) of such section shall not be applicable to such

7 transfer.

8 SEC. 1050. EVALUATION OF DIGITAL VIDEO NETWORK

9 EQUIPMENT USED IN OLYMPIC GAMES.

10 (a) EVALUATION.—The Secretary of Defense shall

11 evaluate the digital video network equipment used in the

12 1996 Olympic games to determine whether such equip13 ment would be appropriate for use as a test bed for the

14 military application of commercial off-the-shelf advanced

15 technology linking multiple continents, multiple satellites,

16 and multiple theaters of operations by compressed digital

17 audio and visual broadcasting technology.

18 (b) REPORT.—Not later than December 31, 1996,

19 the Secretary of Defense shall submit to Congress a report

20 on the results of the evaluation conducted under sub21 section (a).

22 SEC. 1051. MISSION OF THE WHITE HOUSE COMMUNICA23 TIONS AGENCY.

24 The Secretary of Defense shall ensure that the activi25 ties of the White House Communications Agency (or any
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1 successor agency) in providing support services for the

2 President from funds appropriated for the Department of

3 Defense for any fiscal year (beginning with fiscal year

4 1997) are limited to the provision of telecommunications

5 support to the President and Vice President and related

6 elements (as defined in regulations of that agency and

7 specified by the President with respect to particular indi8 viduals within those related elements).

9 SEC. 1052. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR10 EIGN COUNTRIES.

11 (a) AUTHORITY TO TRANSFER NAVAL VESSELS.—

12 The Secretary of the Navy is authorized to transfer to

13 other nations and instrumentalities vessels as follows:

14 (1) EGYPT.—To the Government of Egypt, the

15 Oliver Hazard Perry class frigate Gallery.

16 (2) MEXICO.—To the Government of Mexico,

17 the Knox class frigates Stein (FF 1065) and Marvin

18 Shields (FF 1066).

19 (3) NEW ZEALAND.—To the Government of

20 New Zealand, the Stalwart class ocean surveillance

21 ship Tenacious.

22 (4) PORTUGAL.—To the Government of Por23 tugal, the Stalwart class ocean surveillance ship Au24 dacious.
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1 (5) TAIWAN.—To the Taipei Economic and

2 Cultural Representative Office in the United States

3 (the Taiwan instrumentality designated pursuant to

4 section 10(a) of the Taiwan Relations Act)—

5 (A) the Knox class frigates Aylwin (FF

6 1081), Pharris (FF 1094), and Valdez (FF

7 1096); and

8 (B) the Newport class tank landing ship

9 Newport (LST 1179).

10 (6) THAILAND.—To the Government of Thai11 land, the Knox class frigate Ouellet (FF 1077).

12 (b) FORM OF TRANSFER.—(1) Except as provided in

13 paragraphs (2) and (3), each transfer authorized by this

14 section shall be made on a sales basis under section 21

15 of the Arms Export Control Act (22 U.S.C. 2761), relat16 ing to the foreign military sales program.

17 (2) The transfer authorized by subsection (a)(4) shall

18 be made on a grant basis under section 516 of the Foreign

19 Assistance Act of 1961 (22 U.S.C. 2321j), relating to

20 transfers of excess defense articles.

21 (3) The transfer authorized by subsection (a)(5)(B)

22 shall be made on a lease basis under section 61 of the

23 Arms Export Control Act (22 U.S.C. 2796).
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1 (c) COSTS OF TRANSFERS.—Any expense of the

2 United States in connection with a transfer authorized by

3 this section shall be charged to the recipient.

4 (d) EXPIRATION OF AUTHORITY.—The authority

5 granted by subsection (a) shall expire at the end of the

6 two-year period beginning on the date of the enactment

7 of this Act.

8 (e) REPAIR AND REFURBISHMENT OF VESSELS IN

9 UNITED STATES SHIPYARDS.—The Secretary of the Navy

10 shall require, to the maximum extent possible, as a condi11 tion of a transfer of a vessel under this section, that the

12 country to which the vessel is transferred have such repair

13 or refurbishment of the vessel as is needed, before the ves14 sel joins the naval forces of that country, performed at

15 a shipyard located in the United States, including a Unit16 ed States Navy shipyard.

17 SEC. 1053. ANNUAL REPORT RELATING TO BUY AMERICAN

18 ACT.

19 The Secretary of Defense shall submit to Congress,

20 not later than 60 days after the end of each fiscal year,

21 a report on the amount of purchases by the Department

22 of Defense from foreign entities in that fiscal year. Such

23 report shall separately indicate the dollar value of items

24 for which the Buy American Act (41 U.S.C. 10a et seq.)

25 was waived pursuant to any of the following:
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1 (1) Any reciprocal defense procurement memo2 randum of understanding described in section

3 849(c)(2) of Public Law 103–160 (41 U.S.C. 10b–

4 2 note).

5 (2) The Trade Agreements Act of 1979 (19

6 U.S.C. 2501 et seq.)

7 (3) Any international agreement to which the

8 United States is a party.

9 SEC. 1054. SENSE OF CONGRESS CONCERNING ASSISTING

10 OTHER COUNTRIES TO IMPROVE SECURITY

11 OF FISSILE MATERIAL.

12 (a) FINDINGS.—Congress finds the following:

13 (1) With the end of the Cold War, the world is

14 faced with the need to manage the dismantling of

15 vast numbers of nuclear weapons and the disposition

16 of the fissile materials that they contain.

17 (2) If recently agreed reductions in nuclear

18 weapons are fully implemented, tens of thousands of

19 nuclear weapons, containing a hundred tons or more

20 of plutonium and many hundreds of tons of highly

21 enriched uranium, will no longer be needed for mili22 tary purposes.

23 (3) Plutonium and highly enriched uranium are

24 the essential ingredients of nuclear weapons.
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1 (4) Limits on access to plutonium and highly

2 enriched uranium are the primary technical barrier

3 to acquiring nuclear weapons capability in the world

4 today.

5 (5) Several kilograms of plutonium, or several

6 times that amount of highly enriched uranium, are

7 sufficient to make a nuclear weapons.

8 (6) Plutonium and highly enriched uranium will

9 continue to pose a potential threat for as long as

10 they exist.

11 (7) Action is required to secure and account for

12 plutonium and highly enriched uranium.

13 (8) It is in the national interest of the United

14 States to—

15 (A) minimize the risk that fissile materials

16 could be obtained by unauthorized parties;

17 (B) minimize the risk that fissile materials

18 could be reintroduced into the arsenals from

19 which they came, halting or reversing the arms

20 reduction process; and

21 (C) strengthen the national and inter22 national control mechanisms and incentives de23 signed to ensure continued arms reductions and

24 prevent the spread of nuclear weapons.
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1 (b) SENSE OF CONGRESS.—In light of the findings

2 contained in subsection (a), it is the sense of Congress

3 that the United States has a national security interest in

4 assisting other countries to improve the security of their

5 stocks of fissile material.

6 SEC. 1055. SOUTHWEST BORDER STATES ANTI-DRUG INFOR7 MATION SYSTEM.

8 It is the sense of Congress that the Federal Govern9 ment should support and encourage the full utilization of

10 the Southwest Border States Anti-Drug Information Sys11 tem.

12 TITLE XI—COOPERATIVE

13 THREAT REDUCTION WITH

14 STATES OF FORMER SOVIET

15 UNION

16 SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE17 DUCTION PROGRAMS.

18 (a) IN GENERAL.—For purposes of section 301 and

19 other provisions of this Act, Cooperative Threat Reduction

20 programs are the programs specified in subsection (b).

21 (b) SPECIFIED PROGRAMS.—The programs referred

22 to in subsection (a) are the following programs with re23 spect to states of the former Soviet Union:

24 (1) Programs to facilitate the elimination, and

25 the safe and secure transportation and storage, of
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1 nuclear, chemical, and other weapons and their de2 livery vehicles.

3 (2) Programs to facilitate the safe and secure

4 storage of fissile materials derived from the elimi5 nation of nuclear weapons.

6 (3) Programs to prevent the proliferation of

7 weapons, weapons components, and weapons-related

8 technology and expertise.

9 (4) Programs to expand military-to-military and

10 defense contacts.

11 SEC. 1102. FISCAL YEAR 1997 FUNDING ALLOCATIONS.

12 Of the amount appropriated pursuant to the author13 ization of appropriations in section 301 for Cooperative

14 Threat Reduction programs, not more than the following

15 amounts may be obligated for the purposes specified:

16 (1) For planning and design of a chemical

17 weapons destruction facility in Russia, $74,500,000.

18 (2) For elimination of strategic offensive weap19 ons in Russia, Ukraine, Belarus, and Kazakhstan,

20 $52,000,000.

21 (3) For nuclear infrastructure elimination in

22 Ukraine, Belarus, and Kazakhstan, $47,000,000.

23 (4) For planning and design of a storage facil24 ity for Russian fissile material, $46,000,000.
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1 (5) For fissile material containers in Russia,

2 $38,500,000.

3 (6) For weapons storage security in Russia,

4 $15,000,000.

5 (7) For activities designated as Defense and

6 Military-to-Military Contacts in Russia, Ukraine,

7 Belarus, and Kazakhstan, $10,000,000.

8 (8) For activities designated as Other Assess9 ments/Administrative Support $19,900,000.

10 SEC. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED

11 PURPOSES.

12 (a) IN GENERAL.—None of the funds appropriated

13 pursuant to the authorization in section 301 for Coopera14 tive Threat Reduction programs, or appropriated for such

15 programs for any prior fiscal year and remaining available

16 for obligation, may be obligated or expended for any of

17 the following purposes:

18 (1) Conducting with Russia any peacekeeping

19 exercise or other peacekeeping-related activity.

20 (2) Provision of housing.

21 (3) Provision of assistance to promote environ22 mental restoration.

23 (4) Provision of assistance to promote job re24 training.
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1 (b) LIMITATION WITH RESPECT TO DEFENSE CON2 VERSION ASSISTANCE.—None of the funds appropriated

3 pursuant to this or any other Act may be obligated or ex4 pended for the provision of assistance to Russia or any

5 other state of the former Soviet Union to promote defense

6 conversion, including assistance through the Defense En7 terprise Fund.

8 SEC. 1104. LIMITATION ON USE OF FUNDS UNTIL SPECI9 FIED REPORTS ARE SUBMITTED.

10 None of the funds appropriated pursuant to the au11 thorization in section 301 for Cooperative Threat Reduc12 tion programs may be obligated or expended until 15 days

13 after the date which is the latest of the following:

14 (1) The date on which the President submits to

15 Congress the determinations required under sub16 section (c) of section 211 of Public Law 102–228

17 (22 U.S.C. 2551 note) with respect to any certifi18 cation transmitted to Congress under subsection (b)

19 of that section before the date of the enactment of

20 this Act.

21 (2) The date on which the Secretary of Defense

22 submits to Congress the first report under section

23 1206(a) of the National Defense Authorization Act

24 for Fiscal Year 1996 (Public Law 104–106; 110

25 Stat. 471).
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1 (3) The date on which the Secretary of Defense

2 submits to Congress the report for fiscal year 1997

3 required under section 1205(c) of the National De4 fense Authorization Act for Fiscal Year 1995 (Pub5 lic Law 103–337; 108 Stat. 2883).

6 SEC. 1105. AVAILABILITY OF FUNDS.

7 Funds appropriated pursuant to the authorization of

8 appropriations in section 301 for Cooperative Threat Re9 duction programs shall be available for obligation for three

10 fiscal years.

11 TITLE XII—RESERVE FORCES

12 REVITALIZATION

13 SEC. 1201. SHORT TITLE.

14 This title may be cited as the ‘‘Reserve Forces Revi15 talization Act of 1996’’.

16 SEC. 1202. PURPOSE.

17 The purpose of this title is to revise the basic statu18 tory authorities governing the organization and adminis19 tration of the reserve components of the Armed Forces

20 in order to recognize the realities of reserve component

21 partnership in the Total Force and to better prepare the

22 American citizen-soldier, sailor, airman, and Marine in

23 time of peace for duties in war.
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1 Subtitle A—Reserve Component

2 Structure

3 SEC. 1211. RESERVE COMPONENT COMMANDS.

4 (a) ESTABLISHMENT.—(1) Part I of subtitle E of

5 title 10, United States Code, is amended by inserting after

6 chapter 1005 the following new chapter:

7 ‘‘CHAPTER 1006—RESERVE COMPONENT

8 COMMANDS

‘‘Sec.

‘‘10171. Army Reserve Command.

‘‘10172. Naval Reserve Force.

‘‘10173. Marine Forces Reserve.

‘‘10174. Air Force Reserve Command.

9 ‘‘§ 10171. Army Reserve Command

10 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

11 of the Army, with the advice and assistance of the Chief

12 of Staff of the Army, shall establish a United States Army

13 Reserve Command. The Army Reserve Command shall be

14 operated as a separate command of the Army.

15 ‘‘(b) COMMANDER.—The Chief of Army Reserve is

16 the commander of the Army Reserve Command. The com17 mander of the Army Reserve Command reports directly

18 to the Chief of Staff of the Army.

19 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

20 Army—

21 ‘‘(1) shall assign to the Army Reserve Com22 mand all forces of the Army Reserve stationed in the
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1 continental United States other than forces assigned

2 to the unified combatant command for special oper3 ations forces established pursuant to section 167 of

4 this title; and

5 ‘‘(2) except as otherwise directed by the Sec6 retary of Defense in the case of forces assigned to

7 carry out functions of the Secretary of the Army

8 specified in section 3013 of this title, shall assign all

9 such forces assigned to the Army Reserve Command

10 under paragraph (1) to the commanders of the com11 batant commands in the manner specified by the

12 Secretary of Defense.

13 ‘‘§ 10172. Naval Reserve Force

14 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

15 of the Navy, with the advice and assistance of the Chief

16 of Naval Operations, shall establish a Naval Reserve

17 Force. The Naval Reserve Force shall be operated as a

18 separate command of the Navy.

19 ‘‘(b) COMMANDER.—The Chief of Naval Reserve shall

20 be the commander of the Naval Reserve Force. The com21 mander of the Naval Reserve Force reports directly to the

22 Chief of Naval Operations.

23 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

24 Navy—
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1 ‘‘(1) shall assign to the Naval Reserve Force

2 specified portions of the Naval Reserve other than

3 forces assigned to the unified combatant command

4 for special operations forces established pursuant to

5 section 167 of this title; and

6 ‘‘(2) except as otherwise directed by the Sec7 retary of Defense in the case of forces assigned to

8 carry out functions of the Secretary of the Navy

9 specified in section 5013 of this title, shall assign to

10 the combatant commands all such forces assigned to

11 the Naval Reserve Force under paragraph (1) in the

12 manner specified by the Secretary of Defense.

13 ‘‘§ 10173. Marine Forces Reserve

14 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy,

15 with the advice and assistance of the Commandant of the

16 Marine Corps, shall establish in the Marine Corps a com17 mand known as the Marine Forces Reserve.

18 ‘‘(b) COMMANDER.—The Marine Forces Reserve is

19 commanded by the Commander, Marine Forces Reserve.

20 The Commander, Marine Forces Reserve, reports directly

21 to the Commandant of the Marine Corps.

22 ‘‘(c) ASSIGNMENT OF FORCES.—The Commandant of

23 the Marine Corps—

24 ‘‘(1) shall assign to the Marine Forces Reserve

25 the forces of the Marine Corps Reserve stationed in
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1 the continental United States other than forces as2 signed to the unified combatant command for special

3 operations forces established pursuant to section 167

4 of this title; and

5 ‘‘(2) except as otherwise directed by the Sec6 retary of Defense in the case of forces assigned to

7 carry out functions of the Secretary of the Navy

8 specified in section 5013 of this title, shall assign to

9 the combatant commands (through the Marine

10 Corps component commander for each such com11 mand) all such forces assigned to the Marine Forces

12 Reserve under paragraph (1) in the manner speci13 fied by the Secretary of Defense.

14 ‘‘§ 10174. Air Force Reserve Command

15 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

16 of the Air Force, with the advice and assistance of the

17 Chief of Staff of the Air Force, shall establish an Air

18 Force Reserve Command. The Air Force Reserve Com19 mand shall be operated as a separate command of the Air

20 Force.

21 ‘‘(b) COMMANDER.—The Chief of Air Force Reserve

22 is the Commander of the Air Force Reserve Command.

23 The commander of the Air Force Reserve Command re24 ports directly to the Chief of Staff of the Air Force.
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1 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

2 Air Force—

3 ‘‘(1) shall assign to the Air Force Reserve Com4 mand all forces of the Air Force Reserve stationed

5 in the continental United States other than forces

6 assigned to the unified combatant command for spe7 cial operations forces established pursuant to section

8 167 of this title; and

9 ‘‘(2) except as otherwise directed by the Sec10 retary of Defense in the case of forces assigned to

11 carry out functions of the Secretary of the Air Force

12 specified in section 8013 of this title, shall assign to

13 the combatant commands all such forces assigned to

14 the Air Force Reserve Command under paragraph

15 (1) in the manner specified by the Secretary of De16 fense.’’.

17 (2) The tables of chapters at the beginning of part

18 I of such subtitle and at the beginning of such subtitle

19 are each amended by inserting after the item relating to

20 chapter 1005 the following new item:

‘‘1006. Reserve Component Commands .....................................10171’’.

21 (b) CONFORMING REPEAL.—Section 903 of the Na22 tional Defense Authorization Act for Fiscal Year 1991 (10

23 U.S.C. 3074 note) is repealed.
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1 (c) IMPLEMENTATION SCHEDULE.—Implementation

2 of chapter 1006 of title 10, United States Code, as added

3 by subsection (a), shall begin not later than 90 days after

4 the date of the enactment of this Act and shall be com5 pleted not later than one year after such date.

6 SEC. 1212. RESERVE COMPONENT CHIEFS.

7 (a) CHIEF OF ARMY RESERVE.—Section 3038 of title

8 10, United States Code, is amended by adding at the end

9 the following new subsections:

10 ‘‘(d) BUDGET.—The Chief of Army Reserve is the of11 ficial within the executive part of the Department of the

12 Army who, subject to the authority, direction, and control

13 of the Secretary of the Army and the Chief of Staff, is

14 responsible for justification and execution of the person15 nel, operation and maintenance, and construction budgets

16 for the Army Reserve. As such, the Chief of Army Reserve

17 is the director and functional manager of appropriations

18 made for the Army Reserve in those areas.

19 ‘‘(e) FULL-TIME SUPPORT PROGRAM.—The Chief of

20 Army Reserve manages, with respect to the Army Reserve,

21 the personnel program of the Department of Defense

22 known as the Full Time Support Program.

23 ‘‘(f) ANNUAL REPORT.—(1) The Chief of Army Re24 serve shall submit to the Secretary of Defense, through

25 the Secretary of the Army, an annual report on the state
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1 of the Army Reserve and the ability of the Army Reserve

2 to meet its missions. The report shall be prepared in con3 junction with the Chief of Staff of the Army and may be

4 submitted in classified and unclassified versions.

5 ‘‘(2) The Secretary of Defense shall transmit the an6 nual report of the Chief of Army Reserve under paragraph

7 (1) to Congress, together with such comments on the re8 port as the Secretary considers appropriate. The report

9 shall be transmitted at the same time each year that the

10 annual report of the Secretary under section 113 of this

11 title is submitted to Congress.’’.

12 (b) CHIEF OF NAVAL RESERVE.—(1) Chapter 513

13 of such title is amended by inserting after section 5142a

14 the following new section:

15 ‘‘§ 5143. Office of Naval Reserve: appointment of

16 Chief

17 ‘‘(a) ESTABLISHMENT OF OFFICE: CHIEF OF NAVAL

18 RESERVE.—There is in the executive part of the Depart19 ment of the Navy, on the staff of the Chief of Naval Oper20 ations, an Office of the Naval Reserve, which is headed

21 by a Chief of Naval Reserve. The Chief of Naval Re22 serve—

23 ‘‘(1) is the principal adviser on Naval Reserve

24 matters to the Chief of Naval Operations; and
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1 ‘‘(2) is the commander of the Naval Reserve

2 Force.

3 ‘‘(b) APPOINTMENT.—The President, by and with the

4 advice and consent of the Senate, shall appoint the Chief

5 of Naval Reserve from officers who—

6 ‘‘(1) have had at least 10 years of commis7 sioned service;

8 ‘‘(2) are in a grade above captain; and

9 ‘‘(3) have been recommended by the Secretary

10 of the Navy.

11 ‘‘(c) GRADE.—(1) The Chief of Naval Reserve holds

12 office for a term determined by the Chief of Naval Oper13 ations, normally four years, but may be removed for cause

14 at any time. He is eligible to succeed himself.

15 ‘‘(2) The Chief of Naval Reserve, while so serving,

16 has a grade above rear admiral (lower half), without

17 vacating the officer’s permanent grade.

18 ‘‘(d) BUDGET.—The Chief of Naval Reserve is the

19 official within the executive part of the Department of the

20 Navy who, subject to the authority, direction, and control

21 of the Secretary of the Navy and the Chief of Naval Oper22 ations, is responsible for preparation, justification, and

23 execution of the personnel, operation and maintenance,

24 and construction budgets for the Naval Reserve. As such,

25 the Chief of Naval Reserve is the director and functional
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1 manager of appropriations made for the Naval Reserve in

2 those areas.

3 ‘‘(e) ANNUAL REPORT.—(1) The Chief of Naval Re4 serve shall submit to the Secretary of Defense, through

5 the Secretary of the Navy, an annual report on the state

6 of the Naval Reserve and the ability of the Naval Reserve

7 to meet its missions. The report shall be prepared in con8 junction with the Chief of Naval Operations and may be

9 submitted in classified and unclassified versions.

10 ‘‘(2) The Secretary of Defense shall transmit the an11 nual report of the Chief of Naval Reserve under paragraph

12 (1) to Congress, together with such comments on the re13 port as the Secretary considers appropriate. The report

14 shall be transmitted at the same time each year that the

15 annual report of the Secretary under section 113 of this

16 title is submitted to Congress.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by inserting after the item relating

19 to section 5142a the following new item:

‘‘5143. Office of Naval Reserve: appointment of Chief.’’.

20 (c) CHIEF OF MARINE FORCES RESERVE.—(1)

21 Chapter 513 of such title is amended by inserting after

22 section 5143 (as added by subsection (b)) the following

23 new section:
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1 ‘‘§ 5144. Office of Marine Forces Reserve: appoint2 ment of Commander

3 ‘‘(a) ESTABLISHMENT OF OFFICE; COMMANDER, MA4 RINE FORCES RESERVE.—There is in the executive part

5 of the Department of the Navy an Office of the Marine

6 Forces Reserve, which is headed by the Commander, Ma7 rine Forces Reserve. The Commander, Marine Forces Re8 serve is the principal adviser to the Commandant on Ma9 rine Forces Reserve matters.

10 ‘‘(b) APPOINTMENT.—The President, by and with the

11 advice and consent of the Senate, shall appoint the Com12 mander, Marine Forces Reserve, from officers of the Ma13 rine Corps who—

14 ‘‘(1) have had at least 10 years of commis15 sioned service;

16 ‘‘(2) are in a grade above colonel; and

17 ‘‘(3) have been recommended by the Secretary

18 of the Navy.

19 ‘‘(c) TERM OF OFFICE; GRADE.—(1) The Com20 mander, Marine Forces Reserve, holds office for a term

21 determined by the Commandant of the Marine Corps, nor22 mally four years, but may be removed for cause at any

23 time. He is eligible to succeed himself.

24 ‘‘(2) The Commander, Marine Forces Reserve, while

25 so serving, has a grade above brigadier general, without

26 vacating the officer’s permanent grade.
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1 ‘‘(d) ANNUAL REPORT.—(1) The Commander, Ma2 rine Forces Reserve, shall submit to the Secretary of De3 fense, through the Secretary of the Navy, an annual report

4 on the state of the Marine Corps Reserve and the ability

5 of the Marine Corps Reserve to meet its missions. The

6 report shall be prepared in conjunction with the Com7 mandant of the Marine Corps and may be submitted in

8 classified and unclassified versions.

9 ‘‘(2) The Secretary of Defense shall transmit the an10 nual report of the Commander, Marine Forces Reserve,

11 under paragraph (1) to Congress, together with such com12 ments on the report as the Secretary considers appro13 priate. The report shall be transmitted at the same time

14 each year that the annual report of the Secretary under

15 section 113 of this title is submitted to Congress.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by inserting after the item relating

18 to section 5143 (as added by subsection (b)) the following

19 new item:

‘‘5144. Office of Marine Forces Reserve: appointment of Commander.’’.

20 (d) CHIEF OF AIR FORCE RESERVE.—Section 8038

21 of such title is amended by adding at the end the following

22 new subsections:

23 ‘‘(d) BUDGET.—The Chief of Air Force Reserve is

24 the official within the executive part of the Department

25 of the Air Force who, subject to the authority, direction,
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1 and control of the Secretary of the Air Force and the Chief

2 of Staff, is responsible for preparation, justification, and

3 execution of the personnel, operation and maintenance,

4 and construction budgets for the Air Force Reserve. As

5 such, the Chief of Air Force Reserve is the director and

6 functional manager of appropriations made for the Air

7 Force Reserve in those areas.

8 ‘‘(e) FULL TIME SUPPORT PROGRAM.—(1) The Chief

9 of Air Force Reserve manages, with respect to the Air

10 Force Reserve, the personnel program of the Department

11 of Defense known as the Full Time Support Program.

12 ‘‘(f) ANNUAL REPORT.—(1) The Chief of Air Force

13 Reserve shall submit to the Secretary of Defense, through

14 the Secretary of the Air Force, an annual report on the

15 state of the Air Force Reserve and the ability of the Air

16 Force Reserve to meet its missions. The report shall be

17 prepared in conjunction with the Chief of Staff of the Air

18 Force and may be submitted in classified and unclassified

19 versions.

20 ‘‘(2) The Secretary of Defense shall transmit the an21 nual report of the Chief of Air Force Reserve under para22 graph (1) to Congress, together with such comments on

23 the report as the Secretary considers appropriate. The re24 port shall be transmitted at the same time each year that
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1 the annual report of the Secretary under section 113 of

2 this title is submitted to Congress.’’.

3 (e) CONFORMING AMENDMENT.—Section 641(1)(B)

4 of such title is amended by inserting ‘‘5143, 5144,’’ after

5 ‘‘3038,’’.

6 SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GEN7 ERAL AND FLAG OFFICER AUTHORIZATIONS.

8 (a) REPORT TO CONGRESS.—Not later than six

9 months after the date of the enactment of this Act, the

10 Secretary of Defense shall submit to Congress a report

11 containing any recommendations of the Secretary (to12 gether with the rationale of the Secretary for the rec13 ommendations) concerning the following:

14 (1) Revision of the limitations on general and

15 flag officer grade authorizations and distribution in

16 grade prescribed by sections 525, 526, and 12004 of

17 title 10, United States Code.

18 (2) Statutory designation of the positions and

19 grades of any additional general and flag officers in

20 the commands and offices created by sections 1211

21 and 1212.

22 (b) MATTERS TO BE INCLUDED.—The Secretary

23 shall include in the report under subsection (a) the Sec24 retary’s views on whether current limitations referred to

25 in subsection (a)—
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1 (1) permit the Secretaries of the military de2 partments, in view of increased requirements for as3 signment of general and flag officers in positions ex4 ternal to their organic services, to meet adequately

5 both internal and external requirements for general

6 and flag officers;

7 (2) adequately recognize the significantly in8 creased role of the reserve components in both serv9 ice-specific and joint operations; and

10 (3) permit the Secretaries of the military de11 partments and reserve components to assign general

12 and flag officers to active and reserve component po13 sitions with grades commensurate with the scope of

14 duties and responsibilities of the position.

15 (c) EXEMPTIONS FROM ACTIVE-DUTY CEILINGS.—

16 (1) The Secretary shall include in the report under sub17 section (a) the Secretary’s recommendations regarding the

18 merits of exempting from any active-duty ceiling (estab19 lished by law or administrative action) the following offi20 cers:

21 (A) Reserve general and flag officers assigned

22 to positions specified in the organizations created by

23 this title.
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1 (B) Reserve general and flag officers serving on

2 active duty, but who are excluded from the active3 duty list.

4 (2) If the Secretary determines under paragraph (1)

5 that any Reserve general or flag officers should be exempt

6 from active duty limits, the Secretary shall include in the

7 report under subsection (a) the Secretary’s recommenda8 tions for—

9 (A) the effective management of those Reserve

10 general and flag officers; and

11 (B) revision of active duty ceilings so as to pre12 vent an increase in the numbers of active general

13 and flag officers authorizations due solely to the re14 moval of Reserve general and flag officers from

15 under the active duty authorizations.

16 (3) If the Secretary determines under paragraph (1)

17 that active and reserve general officers on active duty

18 should continue to be managed under a common ceiling,

19 the Secretary shall make recommendations for the appro20 priate apportionment of numbers for general and flag offi21 cers among active and reserve officers.

22 (d) RESERVE FORCES POLICY BOARD PARTICIPA23 TION.—The Secretary of Defense shall ensure that the Re24 serve Forces Policy Board participates in the internal De25 partment of Defense process for development of the rec-
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1 ommendations of the Secretary contained in the report

2 under subsection (a). If the Board submits to the Sec3 retary any comments or recommendations for inclusion in

4 the report, the Secretary shall transmit them to Congress,

5 with the report, in the same form as that in which they

6 were submitted to the Secretary.

7 (e) GAO REVIEW.—The Comptroller General of the

8 United States shall assess the criteria used by the Sec9 retary of Defense to develop recommendations for pur10 poses of the report under this section and shall submit

11 to Congress, not later than 30 days after the date on

12 which the report of the Secretary under this section is sub13 mitted, a report setting forth the Comptroller General’s

14 conclusions concerning the adequacy and completeness of

15 the recommendations made by the Secretary in the report.

16 SEC. 1214. GUARD AND RESERVE TECHNICIANS.

17 (a) IN GENERAL.—Section 10216 of title 10, United

18 States Code, as amended by section 413, is amended—

19 (1) by redesignating subsections (a), (b), and

20 (c) as subsections (b), (c), and (d), respectively;

21 (2) by inserting after the section heading the

22 following new subsection (a):

23 ‘‘(a) IN GENERAL.—Military technicians are Federal

24 civilian employees hired under title 5 and title 32 who are

25 required to maintain dual-status as drilling reserve compo-
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1 nent members as a condition of their Federal civilian em2 ployment. Such employees shall be authorized and ac3 counted for as a separate category of dual-status civilian

4 employees, exempt as specified in subsection (b)(3) from

5 any general or regulatory requirement for adjustments in

6 Department of Defense civilian personnel.’’; and

7 (3) in paragraph (3) of subsection (b), as redes8 ignated by paragraph (1), by striking out ‘‘in high9 priority units and organizations specified in para10 graph (1)’’.

11 Subtitle B—Reserve Component

12 Accessibility

13 SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IM14 PROVE NATIONAL GUARD AND RESERVE

15 ABILITY TO RESPOND TO EMERGENCIES.

16 (a) REPORT.—Not later than six months after the

17 date of the enactment of this Act, the Secretary of Defense

18 shall submit to Congress a report regarding reserve com19 ponent responsiveness to both domestic emergencies and

20 national contingency operations. The report shall set forth

21 the measures taken, underway, and projected to be taken

22 to improve the timeliness, adequacy, and effectiveness of

23 reserve component responses to such emergencies and op24 erations.
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1 (b) MATTERS RELATED TO RESPONSIVENESS TO DO2 MESTIC EMERGENCIES.—The report shall address the fol3 lowing:

4 (1) The need to expand the time period set by

5 section 12301(b) of title 10, United States Code,

6 which permits the involuntary recall at any time to

7 active duty of units and individuals for up to 15

8 days per year.

9 (2) The recommendations of the 1995 report of

10 the RAND Corporation entitled ‘‘Assessing the State

11 and Federal Missions of the National Guard’’, as

12 follows:

13 (A) That Federal law be clarified and

14 amended to authorize Presidential use of the

15 Federal reserves of all military services for do16 mestic emergencies and disasters without any

17 time constraint.

18 (B) That the Secretary of Defense develop

19 and support establishment of an appropriate

20 national level compact for interstate sharing of

21 resources, including the domestic capabilities of

22 the national guards of the States, during emer23 gencies and disasters.
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1 (C) That Federal level contingency stocks

2 be created to support the National Guard in do3 mestic disasters.

4 (D) That Federal funding and regulatory

5 support be provided for Federal-State disaster

6 emergency response planning exercises.

7 (c) MATTERS RELATED TO PRESIDENTIAL RESERVE

8 CALL-UP AUTHORITY.—The report under this section

9 shall specifically address matters related to the authority

10 of the President to activate for service on active duty units

11 and members of reserve components under sections 12301,

12 12302, and 12304 of title 10, United States Code, includ13 ing—

14 (1) whether such authority is adequate to meet

15 the full range of reserve component missions for the

16 21st century, particularly with regard to the time

17 periods for which such units and members may be

18 on active duty under those authorities and the abil19 ity to activate both units and individual members;

20 and

21 (2) whether the three-tiered set of statutory au22 thorities (under such sections 12301, 12302, and

23 12304) should be consolidated, modified, or in part

24 eliminated in order to facilitate current and future

25 use of Reserve units and individual reserve compo-
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1 nent members for a broader range of missions, and,

2 if so, in what manner.

3 (d) MATTERS RELATED TO RELEASE FROM ACTIVE

4 DUTY.—The report under this section shall include find5 ings and recommendations (based upon a review of cur6 rent policies and procedures) concerning procedures for re7 lease from active duty of units and members of reserve

8 components who have been involuntarily called or ordered

9 to active duty under section 12301, 12302, or 12304 of

10 title 10, United States Code, with specific recommenda11 tions concerning the desirability of statutory provisions

12 to—

13 (1) establish specific guidelines for when it is

14 appropriate (or inappropriate) to retain on active

15 duty such reserve component units when active com16 ponent units are available to perform the mission

17 being performed by the reserve component unit;

18 (2) minimize the effects of frequent mobiliza19 tion of the civilian employers, as well as the effects

20 of frequent mobilization on recruiting and retention

21 in the reserve components; and

22 (3) address other matters relating to the needs

23 of such members of reserve components, their em24 ployers, and (in the case of such members who own
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1 businesses) their employees, while such members are

2 on active duty.

3 (e) RESERVE FORCES POLICY BOARD PARTICIPA4 TION.—The Secretary of Defense shall ensure that the Re5 serve Forces Policy Board participates in the internal De6 partment of Defense process for development of the rec7 ommendations of the Secretary contained in the report

8 under subsection (a). If the Board submits to the Sec9 retary any comments or recommendations for inclusion in

10 the report, the Secretary shall transmit them to Congress,

11 with the report, in the same form as that in which they

12 were submitted to the Secretary.

13 (f) GAO REVIEW.—The Comptroller General of the

14 United States shall assess the criteria used by the Sec15 retary of Defense to develop recommendations for pur16 poses of the report under this section and shall submit

17 to Congress, not later than 30 days after the date on

18 which the report of the Secretary under this section is sub19 mitted, a report setting forth the Comptroller General’s

20 conclusions concerning the adequacy and completeness of

21 the recommendations made by the Secretary in the report.
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1 SEC. 1232. REPORT TO CONGRESS CONCERNING TAX IN2 CENTIVES FOR EMPLOYERS OF MEMBERS OF

3 RESERVE COMPONENTS.

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit

6 to Congress a report setting forth a draft of legislation

7 to provide tax incentives to employers of members of re8 serve components in order to compensate employers for

9 absences of those employees due to required training and

10 for absences due to performance of active duty.

11 SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME

12 INSURANCE PROGRAM FOR ACTIVATED RE13 SERVISTS.

14 Not later than 180 days after the date of the enact15 ment of this Act, the Secretary of Defense shall submit

16 to Congress a report setting forth legislative recommenda17 tions for changes to chapter 1214 of title 10, United

18 States Code. Such recommendations shall in particular

19 provide, in the case of a mobilized member who owns a

20 business, income replacement for that business and for

21 employees of that member or business who have a loss of

22 income during the period of such activation attributable

23 to the activation of the member.
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1 SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL

2 BUSINESS LOANS FOR MEMBERS RELEASED

3 FROM RESERVE SERVICE DURING CONTIN4 GENCY OPERATIONS.

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Defense shall submit

7 to Congress a report setting forth a draft of legislation

8 to establish a small business loan program to provide

9 members of reserve components who are ordered to active

10 duty or active Federal service (other than for training)

11 during a contingency operation (as defined in section 101

12 of title 10, United States Code) low-cost loans to assist

13 those members in retaining or rebuilding businesses that

14 were affected by their service on active duty or in active

15 Federal service.

16 Subtitle C—Reserve Forces

17 Sustainment

18 SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF

19 NONREIMBURSABLE EXPENSES.

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of Defense shall submit

22 to Congress a report setting forth a draft of legislation

23 to restore the tax deductibility of nonreimbursable ex24 penses incurred by members of reserve components in con25 nection with military service.
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1 SEC. 1252. CODIFICATION OF ANNUAL AUTHORITY TO PAY

2 TRANSIENT HOUSING CHARGES OR PROVIDE

3 LODGING IN KIND FOR MEMBERS PERFORM4 ING ACTIVE DUTY FOR TRAINING OR INAC5 TIVE-DUTY TRAINING.

6 (a) CODIFICATION.—Section 404(j) of title 37, Unit7 ed States Code, is amended—

8 (1) in paragraph (1)—

9 (A) by striking out ‘‘annual training duty’’

10 and inserting in lieu thereof ‘‘active duty for

11 training’’; and

12 (B) by striking out ‘‘the Secretary con13 cerned may’’ and all that follows through the

14 period and inserting in lieu thereof the follow15 ing ‘‘the Secretary concerned—

16 ‘‘(A) may reimburse the member for housing

17 service charge expenses incurred by the member in

18 occupying transient government housing during the

19 performance of such duty; or

20 ‘‘(B) if transient government quarters are un21 available, may provide the member with contract

22 quarters as lodging in kind as if the member were

23 entitled to such an allowance under subsection (a).’’;

24 and
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1 (2) in paragraph (3), by inserting ‘‘and ex2 penses for contract quarters’’ after ‘‘service charge

3 expenses’’.

4 (b) CONFORMING REPEAL.—Section 8057 of the De5 partment of Defense Appropriations Act, 1996 (Public

6 Law 104–61; 109 Stat. 663), is repealed.

7 SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS

8 ALLOWANCE DURING SERVICE ON ACTIVE

9 DUTY FOR TRAINING.

10 It is the sense of Congress that the United States

11 should continue to pay members of reserve components ap12 propriate quarters allowances during periods of service on

13 active duty for training.

14 SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY

15 LEAVE POLICY.

16 It is the sense of Congress that military leave policies

17 in effect as of the date of the enactment of this Act with

18 respect to members of the reserve components should not

19 be changed.

20 SEC. 1255. COMMENDATION OF RESERVE FORCES POLICY

21 BOARD.

22 (a) COMMENDATION.—The Congress commends the

23 Reserve Forces Policy Board, created by the Armed

24 Forces Reserve Act of 1952 (Public Law 82–476), for its

25 fine work in the past as an independent source of advice
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1 to the Secretary of Defense on all matters pertaining to

2 the reserve components.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Reserve Forces Policy Board and the re5 serve forces policy committees for the individual branches

6 of the Armed Forces should continue to perform the vital

7 role of providing the civilian leadership of the Department

8 of Defense with independent advice on matters pertaining

9 to the reserve components.

10 SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE

11 DUTY SERVICE AND RESERVE SERVICE.

12 No later than six months after the date of the enact13 ment of this Act, the Secretary of Defense shall submit

14 to Congress a report providing recommendations for

15 changes in law that the Secretary considers necessary, fea16 sible, and affordable to reduce the disparities in pay and

17 benefits that occur between active component members of

18 the Armed Forces and reserve component members as a

19 result of eligibility based on length of time on active duty.
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1 TITLE XIII—ARMS CONTROL AND

2 RELATED MATTERS

3 Subtitle A—Miscellaneous Matters

4 SEC. 1301. ONE-YEAR EXTENSION OF COUNTER5 PROLIFERATION AUTHORITIES.

6 Section 1505 of the Weapons of Mass Destruction

7 Control Act of 1992 (title XV of Public Law 102–484;

8 22 U.S.C. 5859a) is amended—

9 (1) in subsection (d)(3), by striking out ‘‘or’’

10 after ‘‘fiscal year 1995,’’ and by inserting ‘‘, or

11 $15,000,000 for fiscal year 1997’’ before the period

12 at the end; and

13 (2) in subsection (f), by striking out ‘‘1996’’

14 and inserting in lieu thereof ‘‘1997’’.

15 SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLE16 MENT OF STRATEGIC NUCLEAR DELIVERY

17 SYSTEMS.

18 (a) LIMITATION ON USE OF FUNDS.—Funds avail19 able to the Department of Defense may not be obligated

20 or expended during fiscal year 1997 for retiring or dis21 mantling, or for preparing to retire or dismantle, any of

22 the strategic nuclear delivery systems specified in sub23 section (b).

24 (b) SPECIFIED SYSTEMS.—Subsection (a) applies

25 with respect to the following systems:
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1 (1) B–52H bomber aircraft.

2 (2) Trident ballistic missile submarines.

3 (3) Minuteman III intercontinental ballistic

4 missiles.

5 (4) Peacekeeper intercontinental ballistic mis6 siles.

7 SEC. 1303. CERTIFICATION REQUIRED BEFORE OBSERV8 ANCE OF MORATORIUM ON USE BY ARMED

9 FORCES OF ANTIPERSONNEL LANDMINES.

10 Any moratorium imposed by law (whether enacted be11 fore, on, or after the date of the enactment of this Act)

12 on the use of antipersonnel landmines by the Armed

13 Forces may be implemented only if (and after) the Sec14 retary of Defense, after consultation with the Chairman

15 of the Joint Chiefs of Staff, certifies to Congress that—

16 (1) the moratorium will not adversely affect the

17 ability of United States forces to defend against at18 tack on land by hostile forces; and

19 (2) the Armed Forces have systems that are ef20 fective substitutes for antipersonnel landmines.

21 SEC. 1304. DEPARTMENT OF DEFENSE DEMINING PRO22 GRAM.

23 Section 401(c) of title 10, United States Code, is

24 amended—
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1 (1) by redesignating paragraph (2) as para2 graph (3); and

3 (2) by inserting after paragraph (1) the follow4 ing new paragraph (2):

5 ‘‘(2) In the case of assistance described in subsection

6 (e)(5), expenses that may be paid out of funds appro7 priated pursuant to paragraph (1) include—

8 ‘‘(A) expenses for travel, transportation, and

9 subsistence of members of the armed forces partici10 pating in activities described in that subsection; and

11 ‘‘(B) the cost of equipment, supplies, and serv12 ices acquired for the purpose of carrying out or di13 rectly supporting activities described in that sub14 section.’’.

15 SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEO16 PLE’S REPUBLIC OF CHINA.

17 (a) REPORT.—The Secretary of Defense shall pre18 pare a report, in both classified and unclassified form, on

19 the future pattern of military modernization of the Peo20 ple’s Republic of China. The report shall address both the

21 probable course of military-technological development in

22 the People’s Liberation Army and the development of Chi23 nese military strategy and operational concepts.

24 (b) MATTERS TO BE INCLUDED.—The report shall

25 include analyses and forecasts of the following:
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1 (1) Trends that would lead the People’s Repub2 lic of China toward the development of advanced in3 telligence, surveillance, and reconnaissance capabili4 ties, including gaining access to commercial or third5 party systems with military significance.

6 (2) Efforts by the People’s Republic of China to

7 develop highly accurate and stealthy ballistic and

8 cruise missiles, particularly in numbers sufficient to

9 conduct attacks capable of overwhelming projected

10 defense capabilities in the region.

11 (3) Development by the People’s Republic of

12 China of command and control networks, particu13 larly those capable of battle management of long14 range precision strikes.

15 (4) Programs of the People’s Republic of China

16 involving unmanned aerial vehicles, particularly

17 those with extended ranges or loitering times.

18 (5) Exploitation by the People’s Republic of

19 China of the Global Positioning System or other

20 similar systems for military purposes, including com21 mercial land surveillance satellites, particularly those

22 signs indicative of an attempt to increase accuracy

23 of weapons or situational awareness of operating

24 forces.
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1 (6) Development by the People’s Republic of

2 China of capabilities for denial of sea control, such

3 as advanced sea mines or improved submarine capa4 bilities.

5 (7) Continued development by the People’s Re6 public of China of follow-on forces, particularly those

7 capable of rapid air or amphibious assault.

8 (c) SUBMISSION OF REPORT.—The report shall be

9 submitted to Congress not later than February 1, 1997.

10 SEC. 1306. UNITED STATES-PEOPLE’S REPUBLIC OF CHINA

11 JOINT DEFENSE CONVERSION COMMISSION.

12 None of the funds appropriated or otherwise available

13 for the Department of Defense for fiscal year 1997 or any

14 prior fiscal year may be obligated or expended for any ac15 tivity associated with the United States-People’s Republic

16 of China Joint Defense Conversion Commission until 15

17 days after the date on which the first semiannual report

18 required by section 1343 of the National Defense Author19 ization Act for Fiscal Year 1996 (Public Law 104–106;

20 110 Stat. 487) is received by Congress.

21 SEC. 1307. AUTHORITY TO ACCEPT SERVICES FROM FOR22 EIGN GOVERNMENTS AND INTERNATIONAL

23 ORGANIZATIONS FOR DEFENSE PURPOSES.

24 Section 2608(a) of title 10, United States Code, is

25 amended by inserting before the period at the end the fol-
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1 lowing: ‘‘and may accept from any foreign government or

2 international organization any contribution of services

3 made by such foreign government or international organi4 zation for use by the Department of Defense’’.

5 SEC. 1308. REVIEW BY DIRECTOR OF CENTRAL INTEL6 LIGENCE OF NATIONAL INTELLIGENCE ESTI7 MATE 95–19

8 (a) REVIEW.—The Director of Central Intelligence

9 shall conduct a review of the underlying assumptions and

10 conclusions of the National Intelligence Estimate des11 ignated as NIE 95–19 and entitled ‘‘Emerging Missile

12 Threats to North America During the Next 15 Years’’,

13 released by the Director in November 1995.

14 (b) METHODOLOGY FOR REVIEW.—The Director

15 shall carry out the review under subsection (a) through

16 a panel of independent, nongovernmental individuals with

17 appropriate expertise and experience. Such a panel shall

18 be convened by the Director not later than 45 days after

19 the date of the enactment of this Act.

20 (c) REPORT.—The Director shall submit the findings

21 resulting from the review under subsection (a), together

22 with any comments of the Director on the review and the

23 findings, to Congress not later than three months after

24 the appointment of the Commission under section 1321.
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1 Subtitle B—Commission to Assess

2 the Ballistic Missile Threat to

3 the United States

4 SEC. 1321. ESTABLISHMENT OF COMMISSION.

5 (a) ESTABLISHMENT.—There is hereby established a

6 commission to be known as the ‘‘Commission to Assess

7 the Ballistic Missile Threat to the United States’’ (herein8 after in this subtitle referred to as the ‘‘Commission’’).

9 (b) COMPOSITION.—The Commission shall be com10 posed of nine members appointed by the Director of

11 Central Intelligence. In selecting individuals for appoint12 ment to the Commission, the Director should consult

13 with—

14 (1) the Speaker of the House of Representa15 tives concerning the appointment of three of the

16 members of the Commission;

17 (2) the majority leader of the Senate concerning

18 the appointment of three of the members of the

19 Commission; and

20 (3) minority leader of the House of Representa21 tives and the minority leader of the Senate concern22 ing the appointment of three of the members of the

23 Commission.

24 (c) QUALIFICATIONS.—Members of the Commission

25 shall be appointed from among private United States citi-
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1 zens with knowledge and expertise in the political and mili2 tary aspects of proliferation of ballistic missiles and the

3 ballistic missile threat to the United States.

4 (d) CHAIRMAN.—The Speaker of the House of Rep5 resentatives, after consultation with the majority leader of

6 the Senate and the minority leaders of the House of Rep7 resentatives and the Senate, shall designate one of the

8 members of the Commission to serve as chairman of the

9 Commission.

10 (e) PERIOD OF APPOINTMENT; VACANCIES.—Mem11 bers shall be appointed for the life of the Commission. Any

12 vacancy in the Commission shall be filled in the same man13 ner as the original appointment.

14 (f) SECURITY CLEARANCES.—All members of the

15 Commission shall hold appropriate security clearances.

16 (g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

17 appointments to the Commission shall be made not later

18 than 45 days after the date of the enactment of this Act.

19 (2) The Commission shall convene its first meeting

20 not later than 30 days after the date as of which all mem21 bers of the Commission have been appointed, but not ear22 lier than October 15, 1996.

23 SEC. 1322. DUTIES OF COMMISSION.

24 (a) REVIEW OF BALLISTIC MISSILE THREAT.—The

25 Commission shall assess the nature and magnitude of the
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1 existing and emerging ballistic missile threat to the United

2 States.

3 (b) COOPERATION FROM GOVERNMENT OFFI4 CIALS.—In carrying out its duties, the Commission should

5 receive the full and timely cooperation of the Secretary

6 of Defense, the Director of Central Intelligence, and any

7 other United States Government official responsible for

8 providing the Commission with analyses, briefings, and

9 other information necessary for the fulfillment of its re10 sponsibilities.

11 SEC. 1323. REPORT.

12 The Commission shall, not later than six months

13 after the date of its first meeting, submit to the Congress

14 a report on its findings and conclusions.

15 SEC. 1324. POWERS.

16 (a) HEARINGS.—The Commission or, at its direction,

17 any panel or member of the Commission, may, for the pur18 pose of carrying out the provisions of this subtitle, hold

19 hearings, sit and act at times and places, take testimony,

20 receive evidence, and administer oaths to the extent that

21 the Commission or any panel or member considers advis22 able.

23 (b) INFORMATION.—The Commission may secure di24 rectly from the Department of Defense, the Central Intel25 ligence Agency, and any other Federal department or
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1 agency information that the Commission considers nec2 essary to enable the Commission to carry out its respon3 sibilities under this subtitle.

4 SEC. 1325. COMMISSION PROCEDURES.

5 (a) MEETINGS.—The Commission shall meet at the

6 call of the Chairman.

7 (b) QUORUM.—(1) Five members of the Commission

8 shall constitute a quorum other than for the purpose of

9 holding hearings.

10 (2) The Commission shall act by resolution agreed

11 to by a majority of the members of the Commission.

12 (c) COMMISSION.—The Commission may establish

13 panels composed of less than full membership of the Com14 mission for the purpose of carrying out the Commission’s

15 duties. The actions of each such panel shall be subject to

16 the review and control of the Commission. Any findings

17 and determinations made by such a panel shall not be con18 sidered the findings and determinations of the Commis19 sion unless approved by the Commission.

20 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM21 MISSION.—Any member or agent of the Commission may,

22 if authorized by the Commission, take any action which

23 the Commission is authorized to take under this subtitle.
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1 SEC. 1326. PERSONNEL MATTERS.

2 (a) PAY OF MEMBERS.—Members of the Commission

3 shall serve without pay by reason of their work on the

4 Commission.

5 (b) TRAVEL EXPENSES.—The members of the Com6 mission shall be allowed travel expenses, including per

7 diem in lieu of subsistence, at rates authorized for employ8 ees of agencies under subchapter I of chapter 57 of title

9 5, United States Code, while away from their homes or

10 regular places of business in the performance of services

11 for the Commission.

12 (c) STAFF.—(1) The chairman of the Commission

13 may, without regard to the provisions of title 5, United

14 States Code, governing appointments in the competitive

15 service, appoint a staff director and such additional per16 sonnel as may be necessary to enable the Commission to

17 perform its duties. The appointment of a staff director

18 shall be subject to the approval of the Commission.

19 (2) The chairman of the Commission may fix the pay

20 of the staff director and other personnel without regard

21 to the provisions of chapter 51 and subchapter III of chap22 ter 53 of title 5, United States Code, relating to classifica23 tion of positions and General Schedule pay rates, except

24 that the rate of pay fixed under this paragraph for the

25 staff director may not exceed the rate payable for level

26 V of the Executive Schedule under section 5316 of such
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1 title and the rate of pay for other personnel may not ex2 ceed the maximum rate payable for grade GS–15 of the

3 General Schedule.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

5 request of the chairman of the Commission, the head of

6 any Federal department or agency may detail, on a non7 reimbursable basis, any personnel of that department or

8 agency to the Commission to assist it in carrying out its

9 duties.

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The chairman of the Commission may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for individ14 uals which do not exceed the daily equivalent of the annual

15 rate of basic pay payable for level V of the Executive

16 Schedule under section 5316 of such title.

17 SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

18 (a) POSTAL AND PRINTING SERVICES.—The Com19 mission may use the United States mails and obtain print20 ing and binding services in the same manner and under

21 the same conditions as other departments and agencies of

22 the Federal Government.

23 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP24 PORT SERVICES.—The Director of Central Intelligence

25 shall furnish the Commission, on a reimbursable basis,
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1 any administrative and support services requested by the

2 Commission.

3 SEC. 1328. FUNDING.

4 Funds for activities of the Commission shall be pro5 vided from amounts appropriated for the Department of

6 Defense for operation and maintenance for Defense-wide

7 activities for fiscal year 1997. Upon receipt of a written

8 certification from the Chairman of the Commission speci9 fying the funds required for the activities of the Commis10 sion, the Secretary of Defense shall promptly disburse to

11 the Commission, from such amounts, the funds required

12 by the Commission as stated in such certification.

13 SEC. 1329. TERMINATION OF THE COMMISSION.

14 The Commission shall terminate 60 days after the

15 date of the submission of its report.

16 TITLE XIV—SIKES ACT

17 IMPROVEMENT

18 SEC. 1401. SHORT TITLE.

19 This title may be cited as the ‘‘Sikes Act Improve20 ment Amendments of 1996’’.

21 SEC. 1402. DEFINITION OF SIKES ACT FOR PURPOSES OF

22 AMENDMENTS.

23 In this title, the term ‘‘Sikes Act’’ means the Act en24 titled ‘‘An Act to promote effectual planning, development,

25 maintenance, and coordination of wildlife, fish, and game
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1 conservation and rehabilitation in military reservations’’,

2 approved September 15, 1960 (16 U.S.C. 670a et seq.),

3 commonly referred to as the ‘‘Sikes Act’’.

4 SEC. 1403. CODIFICATION OF SHORT TITLE OF ACT.

5 The Sikes Act (16 U.S.C. 670a et seq.) is amended

6 by inserting before title I the following new section:

7 ‘‘SECTION 1. SHORT TITLE.

8 ‘‘This Act may be cited as the ‘Sikes Act’.’’.

9 SEC. 1404. INTEGRATED NATURAL RESOURCE MANAGE10 MENT PLANS.

11 (a) PLANS REQUIRED.—Section 101(a) of the Sikes

12 Act (16 U.S.C. 670a(a)) is amended—

13 (1) by striking out ‘‘is authorized to’’ and in14 serting in lieu thereof ‘‘shall’’;

15 (2) by striking out ‘‘in each military reservation

16 in accordance with a cooperative plan’’ and inserting

17 in lieu thereof the following: ‘‘on military installa18 tions. Under the program, the Secretary shall pre19 pare and implement for each military installation in

20 the United States an integrated natural resource

21 management plan’’;

22 (3) by inserting after ‘‘reservation is located’’

23 the following: ‘‘, except that the Secretary is not re24 quired to prepare such a plan for a military installa25 tion if the Secretary determines that preparation of
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1 such a plan for the installation is not appropriate’’;

2 and

3 (4) by inserting ‘‘(1)’’ after ‘‘(a)’’ and adding

4 at the end the following new paragraph:

5 ‘‘(2) Consistent with essential military requirements

6 to enhance the national security of the United States, the

7 Secretary of Defense shall manage each military installa8 tion to provide—

9 ‘‘(A) for the conservation of fish and wildlife on

10 the military installation and sustained multipurpose

11 uses of those resources, including hunting, fishing,

12 and trapping; and

13 ‘‘(B) public access that is necessary or appro14 priate for those uses.’’.

15 (b) CONFORMING AMENDMENTS.—Title I of the

16 Sikes Act is amended—

17 (1) in section 101(b) (16 U.S.C. 670a(b)), in

18 the matter preceding paragraph (1) by striking out

19 ‘‘cooperative plan’’ and inserting in lieu thereof ‘‘in20 tegrated natural resource management plan’’;

21 (2) in section 101(b)(4) (16 U.S.C.

22 670a(b)(4)), by striking out ‘‘cooperative plan’’ each

23 place it appears and inserting in lieu thereof ‘‘inte24 grated natural resource management plan’’;
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1 (3) in section 101(c) (16 U.S.C. 670a(c)), in

2 the matter preceding paragraph (1) by striking out

3 ‘‘a cooperative plan’’ and inserting in lieu thereof

4 ‘‘an integrated natural resource management plan’’;

5 (4) in section 101(d) (16 U.S.C. 670a(d)), in

6 the matter preceding paragraph (1) by striking out

7 ‘‘cooperative plans’’ and inserting in lieu thereof ‘‘in8 tegrated natural resource management plans’’;

9 (5) in section 101(e) (16 U.S.C. 670a(e)), by

10 striking out ‘‘Cooperative plans’’ and inserting in

11 lieu thereof ‘‘Integrated natural resource manage12 ment plans’’;

13 (6) in section 102 (16 U.S.C. 670b), by striking

14 out ‘‘a cooperative plan’’ and inserting in lieu there15 of ‘‘an integrated natural resource management

16 plan’’;

17 (7) in section 103 (16 U.S.C. 670c), by striking

18 out ‘‘a cooperative plan’’ and inserting in lieu there19 of ‘‘an integrated natural resource management

20 plan’’;

21 (8) in section 106(a) (16 U.S.C. 670f(a)), by

22 striking out ‘‘cooperative plans’’ and inserting in lieu

23 thereof ‘‘integrated natural resource management

24 plans’’; and
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1 (9) in section 106(c) (16 U.S.C. 670f(c)), by

2 striking out ‘‘cooperative plans’’ and inserting in lieu

3 thereof ‘‘integrated natural resource management

4 plans’’.

5 (c) CONTENTS OF PLANS.—Section 101(b) of the

6 Sikes Act (16 U.S.C. 670a(b)) is amended—

7 (1) in paragraph (1)—

8 (A) in subparagraph (C), by striking out

9 ‘‘and’’ after the semicolon;

10 (B) in subparagraph (D), by striking out

11 the semicolon at the end and inserting in lieu

12 thereof a comma; and

13 (C) by adding at the end the following new

14 subparagraphs:

15 ‘‘(E) wetland protection and restoration,

16 and wetland creation where necessary, for sup17 port of fish or wildlife,

18 ‘‘(F) consideration of conservation needs

19 for all biological communities, and

20 ‘‘(G) the establishment of specific natural

21 resource management goals, objectives, and

22 time-frames for proposed actions;’’;

23 (2) by striking out paragraph (3);

24 (3) by redesignating paragraph (2) as para25 graph (3);
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1 (4) by inserting after paragraph (1) the follow2 ing new paragraph:

3 ‘‘(2) shall for the military installation for which

4 it is prepared—

5 ‘‘(A) address the needs for fish and wildlife

6 management, land management, forest manage7 ment, and wildlife-oriented recreation,

8 ‘‘(B) ensure the integration of, and con9 sistency among, the various activities conducted

10 under the plan,

11 ‘‘(C) ensure that there is no net loss in the

12 capability of installation lands to support the

13 military mission of the installation,

14 ‘‘(D) provide for sustained use by the pub15 lic of natural resources, to the extent that such

16 use is not inconsistent with the military mission

17 of the installation or the needs of fish and wild18 life management,

19 ‘‘(E) provide the public access to the in20 stallation that is necessary or appropriate for

21 that use, to the extent that access is not incon22 sistent with the military mission of the installa23 tion, and

24 ‘‘(F) provide for professional enforcement

25 of natural resource laws and regulations;’’; and
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1 (5) in paragraph (4)(A), by striking out ‘‘collect

2 the fees therefor,’’ and inserting in lieu thereof ‘‘col3 lect, spend, administer, and account for fees there4 for,’’.

5 (d) PUBLIC COMMENT.—Section 101 of the Sikes Act

6 (16 U.S.C. 670a) is amended by adding at the end the

7 following new subsection:

8 ‘‘(f) PUBLIC COMMENT.—The Secretary of Defense

9 shall provide an opportunity for public comment on each

10 integrated natural resource management plan prepared

11 under subsection (a).’’.

12 SEC. 1405. REVIEW FOR PREPARATION OF INTEGRATED

13 NATURAL RESOURCE MANAGEMENT PLANS.

14 (a) REVIEW OF MILITARY INSTALLATIONS.—

15 (1) REVIEW.—The Secretary of each military

16 department shall, by not later than nine months

17 after the date of the enactment of this Act—

18 (A) review each military installation in the

19 United States that is under the jurisdiction of

20 that Secretary to determine the military instal21 lations for which the preparation of an inte22 grated natural resource management plan

23 under section 101 of the Sikes Act, as amended

24 by this title, is appropriate; and
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1 (B) submit to the Secretary of Defense a

2 report on those determinations.

3 (2) REPORT TO CONGRESS.—The Secretary of

4 Defense shall, by not later than 12 months after the

5 date of the enactment of this Act, submit to the

6 Congress a report on the reviews conducted under

7 paragraph (1). The report shall include—

8 (A) a list of those military installations re9 viewed under paragraph (1) for which the Sec10 retary of Defense determines the preparation of

11 an integrated natural resource management

12 plan is not appropriate; and

13 (B) for each of the military installations

14 listed under subparagraph (A), an explanation

15 of the reasons such a plan is not appropriate.

16 (b) DEADLINE FOR INTEGRATED NATURAL RE17 SOURCE MANAGEMENT PLANS.—Not later than two years

18 after the date of the submission of the report required

19 under subsection (a)(2), the Secretary of Defense shall,

20 for each military installation for which the Secretary has

21 not determined under subsection (a)(2)(A) that prepara22 tion of an integrated natural resource management plan

23 is not appropriate—

24 (1) prepare and begin implementing such a plan

25 mutually agreed to by the Secretary of the Interior
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1 and the head of the appropriate State agencies

2 under section 101(a) of the Sikes Act, as amended

3 by this title; or

4 (2) in the case of a military installation for

5 which there is in effect a cooperative plan under sec6 tion 101(a) of the Sikes Act on the day before the

7 date of the enactment of this Act, complete negotia8 tions with the Secretary of the Interior and the

9 heads of the appropriate State agencies regarding

10 changes to that plan that are necessary for the plan

11 to constitute an integrated natural resource plan

12 that complies with that section, as amended by this

13 title.

14 (c) PUBLIC COMMENT.—The Secretary of Defense

15 shall provide an opportunity for the submission of public

16 comments on—

17 (1) integrated natural resource management

18 plans proposed pursuant to subsection (b)(1); and

19 (2) changes to cooperative plans proposed pur20 suant to subsection (b)(2).

21 SEC. 1406. ANNUAL REVIEWS AND REPORTS.

22 Section 101 of the Sikes Act (16 U.S.C. 670a) is

23 amended by adding after subsection (f) (as added by sec24 tion 1404(d)) the following new subsection:

25 ‘‘(g) REVIEWS AND REPORTS.—
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1 ‘‘(1) SECRETARY OF DEFENSE.—The Secretary

2 of Defense shall, by not later than March 1 of each

3 year, review the extent to which integrated natural

4 resource management plans were prepared or in ef5 fect and implemented in accordance with this Act in

6 the preceding year, and submit a report on the find7 ings of that review to the committees. Each report

8 shall include—

9 ‘‘(A) the number of integrated natural re10 source management plans in effect in the year

11 covered by the report, including the date on

12 which each plan was issued in final form or

13 most recently revised;

14 ‘‘(B) the amount of moneys expended on

15 conservation activities conducted pursuant to

16 those plans in the year covered by the report,

17 including amounts expended under the Legacy

18 Resource Management Program established

19 under section 8120 of the Act of November 5,

20 1990 (Public Law 101–511; 104 Stat. 1905);

21 and

22 ‘‘(C) an assessment of the extent to which

23 the plans comply with the requirements of sub24 section (b)(1) and (2), including specifically the

25 extent to which the plans ensure in accordance
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1 with subsection (b)(2)(C) that there is no net

2 loss of lands to support the military missions of

3 military installations.

4 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec5 retary of the Interior, by not later than March 1 of

6 each year and in consultation with State agencies re7 sponsible for conservation or management of fish or

8 wildlife, shall submit a report to the committees on

9 the amount of moneys expended by the Department

10 of the Interior and those State agencies in the year

11 covered by the report on conservation activities con12 ducted pursuant to integrated natural resource man13 agement plans.

14 ‘‘(3) COMMITTEES DEFINED.—For purposes of

15 this subsection, the term ‘committees’ means the

16 Committee on Resources and the Committee on Na17 tional Security of the House of Representatives and

18 the Committee on Armed Services and the Commit19 tee on Environment and Public Works of the Sen20 ate.’’.

21 SEC. 1407. TRANSFER OF WILDLIFE CONSERVATION FEES

22 FROM CLOSED MILITARY INSTALLATIONS.

23 Section 101(b)(4)(B) of the Sikes Act (16 U.S.C.

24 670a(b)(4)(B)) is amended by inserting before the period

25 at the end the following: ‘‘, unless that military installation
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1 is subsequently closed, in which case the fees may be

2 transferred to another military installation to be used for

3 the same purposes’’.

4 SEC. 1408. FEDERAL ENFORCEMENT OF INTEGRATED NAT5 URAL RESOURCE MANAGEMENT PLANS AND

6 ENFORCEMENT OF OTHER LAWS.

7 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

8 amended—

9 (1) by redesignating section 106, as amended

10 by section 1404(b), as section 109; and

11 (2) by inserting after section 105 the following

12 new section:

13 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

14 ‘‘All Federal laws relating to the conservation of nat15 ural resources on Federal lands may be enforced by the

16 Secretary of Defense with respect to violations of those

17 laws which occur on military installations within the Unit18 ed States.’’.

19 SEC. 1409. NATURAL RESOURCE MANAGEMENT SERVICES.

20 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

21 amended by inserting after section 106 (as added by sec22 tion 1408) the following new section:

23 ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

24 ‘‘The Secretary of each military department shall en25 sure that sufficient numbers of professionally trained nat-
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1 ural resource management personnel and natural resource

2 law enforcement personnel are available and assigned re3 sponsibility to perform tasks necessary to comply with this

4 Act, including the preparation and implementation of inte5 grated natural resource management plans.’’.

6 SEC. 1410. DEFINITIONS.

7 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

8 amended by inserting after section 107 (as added by sec9 tion 1409) the following new section:

10 ‘‘SEC. 108. DEFINITIONS.

11 ‘‘In this title:

12 ‘‘(1) MILITARY INSTALLATION.—The term

13 ‘military installation’—

14 ‘‘(A) means any land or interest in land

15 owned by the United States and administered

16 by the Secretary of Defense or the Secretary of

17 a military department; and

18 ‘‘(B) includes all public lands withdrawn

19 from all forms of appropriation under public

20 land laws and reserved for use by the Secretary

21 of Defense or the Secretary of a military de22 partment.

23 ‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The

24 term ‘State fish and wildlife agency’ means an agen-
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1 cy of State government that is responsible under

2 State law for managing fish or wildlife resources.

3 ‘‘(3) UNITED STATES.—The term ‘United

4 States’ means the States, the District of Columbia,

5 and the territories and possessions of the United

6 States.’’.

7 SEC. 1411. COOPERATIVE AGREEMENTS.

8 (a) COST SHARING.—Section 103a(b) of the Sikes

9 Act (16 U.S.C. 670c–1(b)) is amended by striking out

10 ‘‘matching basis’’ each place it appears and inserting in

11 lieu thereof ‘‘cost-sharing basis’’.

12 (b) ACCOUNTING.—Section 103a(c) of the Sikes Act

13 (16 U.S.C. 670c–1(c)) is amended by inserting before the

14 period at the end the following: ‘‘, and shall not be subject

15 to section 1535 of that title’’.

16 SEC. 1412. REPEAL OF SUPERSEDED PROVISION.

17 Section 2 of the Act of October 27, 1986 (Public Law

18 99–651; 16 U.S.C. 670a–1), is repealed.

19 SEC. 1413. CLERICAL AMENDMENTS.

20 Title I of the Sikes Act, as amended by this title,

21 is amended—

22 (1) in the heading for the title by striking out

23 ‘‘MILITARY RESERVATIONS’’ and inserting in lieu

24 thereof ‘‘MILITARY INSTALLATIONS’’;
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1 (2) in section 101(a) (16 U.S.C. 670a(a)), by

2 striking out ‘‘the reservation’’ and inserting in lieu

3 thereof ‘‘the installation’’;

4 (3) in section 101(b)(4) (16 U.S.C.

5 670a(b)(4))—

6 (A) in subparagraph (A), by striking out

7 ‘‘the reservation’’ and inserting in lieu thereof

8 ‘‘the installation’’; and

9 (B) in subparagraph (B), by striking out

10 ‘‘the military reservation’’ and inserting in lieu

11 thereof ‘‘the military installation’’;

12 (4) in section 101(c) (16 U.S.C. 670a(c))—

13 (A) in paragraph (1), by striking out ‘‘a

14 military reservation’’ and inserting in lieu

15 thereof ‘‘a military installation’’; and

16 (B) in paragraph (2), by striking out ‘‘the

17 reservation’’ and inserting in lieu thereof ‘‘the

18 installation’’;

19 (5) in section 102 (16 U.S.C. 670b), by striking

20 out ‘‘military reservations’’ and inserting in lieu

21 thereof ‘‘military installations’’; and

22 (6) in section 103 (16 U.S.C. 670c)—

23 (A) by striking out ‘‘military reservations’’

24 and inserting in lieu thereof ‘‘military installa25 tions’’; and
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1 (B) by striking out ‘‘such reservations’’

2 and inserting in lieu thereof ‘‘such installa3 tions’’.

4 SEC. 1414. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub6 sections (b) and (c) of section 109 of the Sikes Act (as

7 redesignated by section 1408) are each amended by strik8 ing out ‘‘1983’’ and all that follows through ‘‘1993,’’ and

9 inserting in lieu thereof ‘‘1983 through 1998,’’.

10 (b) PROGRAMS ON PUBLIC LANDS.—Section 209 of

11 the Sikes Act (16 U.S.C. 670o) is amended—

12 (1) in subsection (a), by striking out ‘‘the sum

13 of $10,000,000’’ and all that follows through ‘‘to en14 able the Secretary of the Interior’’ and inserting in

15 lieu thereof ‘‘$4,000,000 for each of fiscal years

16 1997 and 1998, to enable the Secretary of the Inte17 rior’’; and

18 (2) in subsection (b), by striking out ‘‘the sum

19 of $12,000,000’’ and all that follows through ‘‘to en20 able the Secretary of Agriculture’’ and inserting in

21 lieu thereof ‘‘$5,000,000 for each of fiscal years

22 1997 and 1998, to enable the Secretary of Agri23 culture’’.
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1 TITLE XV—DEFENSE AND

2 SECURITY ASSISTANCE

3 Subtitle A—Military and Related

4 Assistance

5 SEC. 1501. TERMS OF LOANS UNDER THE FOREIGN MILI6 TARY FINANCING PROGRAM.

7 Section 31(c) of the Arms Export Control Act (22

8 U.S.C. 2771(c)) is amended to read as follows:

9 ‘‘(c) Loans available under section 23 shall be pro10 vided at rates of interest that are not less than the current

11 average market yield on outstanding marketable obliga12 tions of the United States of comparable maturities.’’.

13 SEC. 1502. ADDITIONAL REQUIREMENTS UNDER THE FOR14 EIGN MILITARY FINANCING PROGRAM.

15 (a) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23

16 of the Arms Export Control Act (22 U.S.C. 2763) is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(f) For each fiscal year, the Secretary of Defense,

20 as requested by the Director of the Defense Security As21 sistance Agency, shall conduct audits on a nonreimburs22 able basis of private firms that have entered into contracts

23 with foreign governments under which defense articles, de24 fense services, or design and construction services are to
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1 be procured by such firms for such governments from fi2 nancing under this section.’’.

3 (b) NOTIFICATION REQUIREMENT WITH RESPECT

4 TO CASH FLOW FINANCING.—Section 23 of such Act (22

5 U.S.C. 2763), as amended by subsection (a), is further

6 amended by adding at the end the following new sub7 section:

8 ‘‘(g)(1) For each country and international organiza9 tion that has been approved for cash flow financing under

10 this section, any letter of offer and acceptance or other

11 purchase agreement, or any amendment thereto, for a pro12 curement of defense articles, defense services, or design

13 and construction services in excess of $100,000,000 that

14 is to be financed in whole or in part with funds made avail15 able under this Act or the Foreign Assistance Act of 1961

16 shall be submitted to the congressional committees speci17 fied in section 634A(a) of the Foreign Assistance Act of

18 1961 in accordance with the procedures applicable to re19 programming notifications under that section.

20 ‘‘(2) For purposes of this subsection, the term ‘cash

21 flow financing’ has the meaning given such term in the

22 second subsection (d) of section 25.’’.

23 (c) LIMITATIONS ON USE OF FUNDS FOR DIRECT

24 COMMERCIAL CONTRACTS.—Section 23 of such Act (22

25 U.S.C. 2763), as amended by subsection (b), is further
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1 amended by adding at the end the following new sub2 section:

3 ‘‘(h) Of the amounts made available for a fiscal year

4 to carry out this section, not more than $100,000,000 for

5 such fiscal year may be made available for countries other

6 than Israel and Egypt for the purpose of financing the

7 procurement of defense articles, defense services, and de8 sign and construction services that are not sold by the

9 United States Government under this Act.’’.

10 (d) ANNUAL ESTIMATE AND JUSTIFICATION FOR

11 SALES PROGRAM.—Section 25(a) of such Act (22 U.S.C.

12 2765(a)) is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (11);

15 (2) by redesignating paragraph (12) as para16 graph (13); and

17 (3) by inserting after paragraph (11) the fol18 lowing new paragraph:

19 ‘‘(12)(A) a detailed accounting of all articles,

20 services, credits, guarantees, or any other form of

21 assistance furnished by the United States to each

22 country and international organization, including

23 payments to the United Nations, during the preced24 ing fiscal year for the detection and clearance of

25 landmines, including activities relating to the fur-
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1 nishing of education, training, and technical assist2 ance for the detection and clearance of landmines;

3 and

4 ‘‘(B) for each provision of law making funds

5 available or authorizing appropriations for demining

6 activities described in subparagraph (A), an analysis

7 and description of the objectives and activities un8 dertaken during the preceding fiscal year, including

9 the number of personnel involved in performing such

10 activities; and’’.

11 SEC. 1503. DRAWDOWN SPECIAL AUTHORITIES.

12 (a) UNFORESEEN EMERGENCY DRAWDOWN.—Sec13 tion 506(a)(1) of the Foreign Assistance Act of 1961 (22

14 U.S.C. 2318(a)(1)) is amended by striking ‘‘$75,000,000’’

15 and inserting ‘‘$100,000,000’’.

16 (b) ADDITIONAL DRAWDOWN.—Section 506 of such

17 Act (22 U.S.C. 2318) is amended—

18 (1) in subsection (a)(2)(A), by striking ‘‘defense

19 articles from the stocks’’ and all that follows and in20 serting the following: ‘‘articles and services from the

21 inventory and resources of any agency of the United

22 States Government and military education and

23 training from the Department of Defense, the Presi24 dent may direct the drawdown of such articles, serv25 ices, and military education and training—
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1 ‘‘(i) for the purposes and under the au2 thorities of—

3 ‘‘(I) chapter 8 of part I (relating to

4 international narcotics control assistance);

5 ‘‘(II) chapter 9 of part I (relating to

6 international disaster assistance); or

7 ‘‘(III) the Migration and Refugee As8 sistance Act of 1962; or

9 ‘‘(ii) for the purpose of providing such arti10 cles, services, and military education and train11 ing to Vietnam, Cambodia, and Laos as the

12 President determines are necessary—

13 ‘‘(I) to support cooperative efforts to

14 locate and repatriate members of the Unit15 ed States Armed Forces and civilians em16 ployed directly or indirectly by the United

17 States Government who remain unac18 counted for from the Vietnam War; and

19 ‘‘(II) to ensure the safety of United

20 States Government personnel engaged in

21 such cooperative efforts and to support De22 partment of Defense-sponsored humani23 tarian projects associated with such ef24 forts.’’;
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1 (2) in subsection (a)(2)(B), by striking

2 ‘‘$75,000,000’’ and all that follows and inserting

3 ‘‘$150,000,000 in any fiscal year of such articles,

4 services, and military education and training may be

5 provided pursuant to subparagraph (A) of this para6 graph—

7 ‘‘(i) not more than $75,000,000 of which

8 may be provided from the drawdown from the

9 inventory and resources of the Department of

10 Defense;

11 ‘‘(ii) not more than $75,000,000 of which

12 may be provided pursuant to clause (i)(I) of

13 such subparagraph; and

14 ‘‘(iii) not more than $15,000,000 of which

15 may be provided to Vietnam, Cambodia, and

16 Laos pursuant to clause (ii) of such subpara17 graph.’’; and

18 (3) in subsection (b)(1), by adding at the end

19 the following: ‘‘In the case of drawdowns authorized

20 by subclauses (I) and (III) of subsection

21 (a)(2)(A)(i), notifications shall be provided to those

22 committees at least 15 days in advance of the

23 drawdowns in accordance with the procedures appli24 cable to reprogramming notifications under section

25 634A.’’.
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1 (c) NOTICE TO CONGRESS OF EXERCISE OF SPECIAL

2 AUTHORITIES.—Section 652 of such Act (22 U.S.C.

3 2411) is amended by striking ‘‘prior to the date’’ and in4 serting ‘‘before’’.

5 SEC. 1504. TRANSFER OF EXCESS DEFENSE ARTICLES.

6 (a) IN GENERAL.—Section 516 of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2321j) is amended to read

8 as follows:

9 ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE AR10 TICLES.

11 ‘‘(a) AUTHORIZATION.—The President is authorized

12 to transfer excess defense articles under this section to

13 countries for which receipt of such articles was justified

14 pursuant to the annual congressional presentation docu15 ments for military assistance programs, or for programs

16 under chapter 8 of part I of this Act, submitted under

17 section 634 of this Act, or for which receipt of such arti18 cles was separately justified to the Congress, for the fiscal

19 year in which the transfer is authorized.

20 ‘‘(b) LIMITATIONS ON TRANSFERS.—The President

21 may transfer excess defense articles under this section

22 only if—

23 ‘‘(1) such articles are drawn from existing

24 stocks of the Department of Defense;
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1 ‘‘(2) funds available to the Department of De2 fense for the procurement of defense equipment are

3 not expended in connection with the transfer;

4 ‘‘(3) the transfer of such articles will not have

5 an adverse impact on the military readiness of the

6 United States;

7 ‘‘(4) with respect to a proposed transfer of such

8 articles on a grant basis, such a transfer is pref9 erable to a transfer on a sales basis, after taking

10 into account the potential proceeds from, and likeli11 hood of, such sales, and the comparative foreign pol12 icy benefits that may accrue to the United States as

13 the result of a transfer on either a grant or sales

14 basis;

15 ‘‘(5) the President determines that the transfer

16 of such articles will not have an adverse impact on

17 the national technology and industrial base and, par18 ticularly, will not reduce the opportunities of entities

19 in the national technology and industrial base to sell

20 new or used equipment to the countries to which

21 such articles are transferred; and

22 ‘‘(6) the transfer of such articles is consistent

23 with the policy framework for the Eastern Medi24 terranean established under section 620C of this

25 Act.
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1 ‘‘(c) TERMS OF TRANSFERS.—

2 ‘‘(1) NO COST TO RECIPIENT COUNTRY.—Ex3 cess defense articles may be transferred under this

4 section without cost to the recipient country.

5 ‘‘(2) PRIORITY.—Notwithstanding any other

6 provision of law, the delivery of excess defense arti7 cles under this section to member countries of the

8 North Atlantic Treaty Organization (NATO) on the

9 southern and southeastern flank of NATO and to

10 major non-NATO allies on such southern and south11 eastern flank shall be given priority to the maximum

12 extent feasible over the delivery of such excess de13 fense articles to other countries.

14 ‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSE15 MENT OF DEPARTMENT OF DEFENSE EXPENSES.—Sec16 tion 632(d) shall not apply with respect to transfers of

17 excess defense articles (including transportation and relat18 ed costs) under this section.

19 ‘‘(e) TRANSPORTATION AND RELATED COSTS.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), funds available to the Department of De22 fense may not be expended for crating, packing,

23 handling, and transportation of excess defense arti24 cles transferred under the authority of this section.
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1 ‘‘(2) EXCEPTION.—The President may provide

2 for the transportation of excess defense articles with3 out charge to a country for the costs of such trans4 portation if—

5 ‘‘(A) it is determined that it is in the na6 tional interest of the United States to do so;

7 ‘‘(B) the recipient is a developing country

8 receiving less than $10,000,000 of assistance

9 under chapter 5 of part II of this Act (relating

10 to international military education and train11 ing) or section 23 of the Arms Export Control

12 Act (22 U.S.C. 2763; relating to the Foreign

13 Military Financing program) in the fiscal year

14 in which the transportation is provided;

15 ‘‘(C) the total weight of the transfer does

16 not exceed 25,000 pounds; and

17 ‘‘(D) such transportation is accomplished

18 on a space available basis.

19 ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS FOR

20 TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—

21 ‘‘(1) IN GENERAL.—The President may not

22 transfer excess defense articles that are significant

23 military equipment (as defined in section 47(9) of

24 the Arms Export Control Act) or excess defense arti25 cles valued (in terms of original acquisition cost) at
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1 $7,000,000 or more, under this section or under the

2 Arms Export Control Act (22 U.S.C. 2751 et seq.)

3 until 15 days after the date on which the President

4 has provided notice of the proposed transfer to the

5 congressional committees specified in section

6 634A(a) in accordance with procedures applicable to

7 reprogramming notifications under that section.

8 ‘‘(2) CONTENTS.—Such notification shall in9 clude—

10 ‘‘(A) a statement outlining the purposes

11 for which the article is being provided to the

12 country, including whether such article has

13 been previously provided to such country;

14 ‘‘(B) an assessment of the impact of the

15 transfer on the military readiness of the United

16 States;

17 ‘‘(C) an assessment of the impact of the

18 transfer on the national technology and indus19 trial base and, particularly, the impact on op20 portunities of entities in the national technology

21 and industrial base to sell new or used equip22 ment to the countries to which such articles are

23 to be transferred; and
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1 ‘‘(D) a statement describing the current

2 value of such article and the value of such arti3 cle at acquisition.

4 ‘‘(g) AGGREGATE ANNUAL LIMITATION.—

5 ‘‘(1) IN GENERAL.—The aggregate value of ex6 cess defense articles transferred to countries under

7 this section in any fiscal year may not exceed

8 $350,000,000.

9 ‘‘(2) EFFECTIVE DATE.—The limitation con10 tained in paragraph (1) shall apply only with respect

11 to fiscal years beginning after fiscal year 1996.

12 ‘‘(h) CONGRESSIONAL PRESENTATION DOCU13 MENTS.—Documents described in subsection (a) justifying

14 the transfer of excess defense articles shall include an ex15 planation of the general purposes of providing excess de16 fense articles as well as a table which provides an aggre17 gate annual total of transfers of excess defense articles

18 in the preceding year by country in terms of offers and

19 actual deliveries and in terms of acquisition cost and cur20 rent value. Such table shall indicate whether such excess

21 defense articles were provided on a grant or sale basis.

22 ‘‘(i) EXCESS COAST GUARD PROPERTY.—For pur23 poses of this section, the term ‘excess defense articles’

24 shall be deemed to include excess property of the Coast

25 Guard, and the term ‘Department of Defense’ shall be
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1 deemed, with respect to such excess property, to include

2 the Coast Guard.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) ARMS EXPORT CONTROL ACT.—Section

5 21(k) of the Arms Export Control Act (22 U.S.C.

6 2761(k)) is amended by striking ‘‘the President

7 shall’’ and all that follows and inserting the follow8 ing: ‘‘the President shall determine that the sale of

9 such articles will not have an adverse impact on the

10 national technology and industrial base and, particu11 larly, will not reduce the opportunities of entities in

12 the national technology and industrial base to sell

13 new or used equipment to the countries to which

14 such articles are transferred.’’.

15 (2) REPEALS.—The following provisions of law

16 are hereby repealed:

17 (A) Section 502A of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2303).

19 (B) Sections 517 through 520 of the For20 eign Assistance Act of 1961 (22 U.S.C. 2321k

21 through 2321n).

22 (C) Section 31(d) of the Arms Export Con23 trol Act (22 U.S.C. 2771(d)).
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1 SEC. 1505. EXCESS DEFENSE ARTICLES FOR CERTAIN EU2 ROPEAN COUNTRIES.

3 Notwithstanding section 516(e) of the Foreign As4 sistance Act of 1961, during each of the fiscal years 1996

5 and 1997, funds available to the Department of Defense

6 may be expended for crating, packing, handling, and

7 transportation of excess defense articles transferred under

8 the authority of section 516 of such Act to countries that

9 are eligible to participate in the Partnership for Peace and

10 that are eligible for assistance under the Support for East

11 European Democracy (SEED) Act of 1989.

12 Subtitle B—International Military

13 Education and Training

14 SEC. 1511. ASSISTANCE FOR INDONESIA.

15 Funds made available for fiscal years 1996 and 1997

16 to carry out chapter 5 of part II of the Foreign Assistance

17 Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated

18 for Indonesia only for expanded military and education

19 training that meets the requirements of clauses (i)

20 through (iv) of the second sentence of section 541 of such

21 Act (22 U.S.C. 2347).

22 SEC. 1512. ADDITIONAL REQUIREMENTS.

23 (a) GENERAL AUTHORITY.—Section 541 of the For24 eign Assistance Act of 1961 (22 U.S.C. 2347) is amended

25 in the second sentence in the matter preceding clause (i)
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1 by inserting ‘‘and individuals who are not members of the

2 government’’ after ‘‘legislators’’.

3 (b) EXCHANGE TRAINING.—Section 544 of such Act

4 (22 U.S.C. 2347c) is amended—

5 (1) by striking ‘‘In carrying out this chapter’’

6 and inserting ‘‘(a) In carrying out this chapter’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(b) The President may provide for the attendance

10 of foreign military and civilian defense personnel at flight

11 training schools and programs (including test pilot

12 schools) in the United States without charge, and without

13 charge to funds available to carry out this chapter (not14 withstanding section 632(d) of this Act), if such attend15 ance is pursuant to an agreement providing for the ex16 change of students on a one-for-one basis each fiscal year

17 between those United States flight training schools and

18 programs (including test pilot schools) and comparable

19 flight training schools and programs of foreign coun20 tries.’’.

21 (c) ASSISTANCE FOR CERTAIN HIGH-INCOME FOR22 EIGN COUNTRIES.—

23 (1) AMENDMENT TO THE FOREIGN ASSISTANCE

24 ACT OF 1961.—Chapter 5 of part II of such Act (22
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1 U.S.C. 2347 et seq.) is amended by adding at the

2 end the following new section:

3 ‘‘SEC. 546. PROHIBITION ON GRANT ASSISTANCE FOR CER4 TAIN HIGH INCOME FOREIGN COUNTRIES.

5 ‘‘(a) IN GENERAL.—None of the funds made avail6 able for a fiscal year for assistance under this chapter may

7 be made available for assistance on a grant basis for any

8 of the high-income foreign countries described in sub9 section (b) for military education and training of military

10 and related civilian personnel of such country.

11 ‘‘(b) HIGH-INCOME FOREIGN COUNTRIES DE12 SCRIBED.—The high-income foreign countries described in

13 this subsection are Austria, Finland, the Republic of

14 Korea, Singapore, and Spain.’’.

15 (2) AMENDMENT TO THE ARMS EXPORT CON16 TROL ACT.—Section 21(a)(1)(C) of the Arms Export

17 Control Act (22 U.S.C. 2761) is amended by insert18 ing ‘‘or to any high-income foreign country (as de19 scribed in that chapter)’’ after ‘‘Foreign Assistance

20 Act of 1961’’.

21 Subtitle C—Antiterrorism

22 Assistance

23 SEC. 1521. ANTITERRORISM TRAINING ASSISTANCE.

24 (a) IN GENERAL.—Section 571 of the Foreign Assist25 ance Act of 1961 (22 U.S.C. 2349aa) is amended by strik-
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1 ing ‘‘Subject to the provisions of this chapter’’ and insert2 ing ‘‘Notwithstanding any other provision of law that re3 stricts assistance to foreign countries (other than sections

4 502B and 620A of this Act)’’.

5 (b) LIMITATIONS.—Section 573 of such Act (22

6 U.S.C. 2349aa–2) is amended—

7 (1) in the heading, by striking ‘‘SPECIFIC AU8 THORITIES AND’’;

9 (2) by striking subsection (a);

10 (3) by redesignating subsections (b) through (f)

11 as subsections (a) through (e), respectively; and

12 (4) in subsection (c) (as redesignated)—

13 (A) by striking paragraphs (1) and (2);

14 (B) by redesignating paragraphs (3)

15 through (5) as paragraphs (1) through (3), re16 spectively; and

17 (C) by amending paragraph (2) (as redes18 ignated) to read as follows:

19 ‘‘(2)(A) Except as provided in subparagraph (B),

20 funds made available to carry out this chapter shall not

21 be made available for the procurement of weapons and am22 munition.

23 ‘‘(B) Subparagraph (A) shall not apply to small arms

24 and ammunition in categories I and III of the United

25 States Munitions List that are integrally and directly re-
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1 lated to antiterrorism training provided under this chapter

2 if, at least 15 days before obligating those funds, the

3 President notifies the appropriate congressional commit4 tees specified in section 634A of this Act in accordance

5 with the procedures applicable to reprogramming notifica6 tions under such section.

7 ‘‘(C) The value (in terms of original acquisition cost)

8 of all equipment and commodities provided under this

9 chapter in any fiscal year may not exceed 25 percent of

10 the funds made available to carry out this chapter for that

11 fiscal year.’’.

12 (c) ANNUAL REPORT.—Section 574 of such Act (22

13 U.S.C. 2349aa–3) is hereby repealed.

14 (d) TECHNICAL CORRECTIONS.—Section 575 (22

15 U.S.C. 2349aa–4) and section 576 (22 U.S.C. 2349aa–

16 5) of such Act are redesignated as sections 574 and 575,

17 respectively.

18 SEC. 1522. RESEARCH AND DEVELOPMENT EXPENSES.

19 Funds made available for fiscal years 1996 and 1997

20 to carry out chapter 8 of part II of the Foreign Assistance

21 Act of 1961 (22 U.S.C. 2349aa et seq.; relating to

22 antiterrorism assistance) may be made available to the

23 Technical Support Working Group of the Department of

24 State for research and development expenses related to

25 contraband detection technologies or for field demonstra-
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1 tions of such technologies (whether such field demonstra2 tions take place in the United States or outside the United

3 States).

4 Subtitle D—Narcotics Control

5 Assistance

6 SEC. 1531. ADDITIONAL REQUIREMENTS.

7 (a) POLICY AND GENERAL AUTHORITIES.—Section

8 481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a))

9 is amended—

10 (1) in paragraph (1)—

11 (A) by redesignating subparagraphs (D)

12 through (F) as subparagraphs (E) through (G),

13 respectively; and

14 (B) by inserting after subparagraph (C)

15 the following new subparagraph:

16 ‘‘(D) International criminal activities, particu17 larly international narcotics trafficking, money laun18 dering, and corruption, endanger political and eco19 nomic stability and democratic development, and as20 sistance for the prevention and suppression of inter21 national criminal activities should be a priority for

22 the United States.’’; and

23 (2) in paragraph (4), by adding before the pe24 riod at the end the following: ‘‘, or for other

25 anticrime purposes’’.
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1 (b) CONTRIBUTIONS AND REIMBURSEMENT.—Sec2 tion 482(c) of that Act (22 U.S.C. 2291a(c)) is amend3 ed—

4 (1) by striking ‘‘CONTRIBUTION BY RECIPIENT

5 COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS

6 AND REIMBURSEMENT.—(1) To’’; and

7 (2) by adding at the end the following new

8 paragraphs:

9 ‘‘(2)(A) The President is authorized to accept con10 tributions from foreign governments to carry out the pur11 poses of this chapter. Such contributions shall be depos12 ited as an offsetting collection to the applicable appropria13 tion account and may be used under the same terms and

14 conditions as funds appropriated pursuant to this chapter.

15 ‘‘(B) At the time of submission of the annual congres16 sional presentation documents required by section 634(a),

17 the President shall provide a detailed report on any con18 tributions received in the preceding fiscal year, the amount

19 of such contributions, and the purposes for which such

20 contributions were used.

21 ‘‘(3) The President is authorized to provide assist22 ance under this chapter on a reimbursable basis. Such re23 imbursements shall be deposited as an offsetting collection

24 to the applicable appropriation and may be used under the
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1 same terms and conditions as funds appropriated pursu2 ant to this chapter.’’.

3 (c) IMPLEMENTATION OF LAW ENFORCEMENT AS4 SISTANCE.—Section 482 of such Act (22 U.S.C. 2291a)

5 is amended by adding at the end the following new sub6 sections:

7 ‘‘(f) TREATMENT OF FUNDS.—Funds transferred to

8 and consolidated with funds appropriated pursuant to this

9 chapter may be made available on such terms and condi10 tions as are applicable to funds appropriated pursuant to

11 this chapter. Funds so transferred or consolidated shall

12 be apportioned directly to the bureau within the Depart13 ment of State responsible for administering this chapter.

14 ‘‘(g) EXCESS PROPERTY.—For purposes of this chap15 ter, the Secretary of State may use the authority of section

16 608, without regard to the restrictions of such section, to

17 receive nonlethal excess property from any agency of the

18 United States Government for the purpose of providing

19 such property to a foreign government under the same

20 terms and conditions as funds authorized to be appro21 priated for the purposes of this chapter.’’.

22 SEC. 1532. NOTIFICATION REQUIREMENT.

23 (a) IN GENERAL.—The authority of section 1003(d)

24 of the National Narcotics Control Leadership Act of 1988

25 (21 U.S.C. 1502(d)) may be exercised with respect to
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1 funds authorized to be appropriated pursuant to the For2 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and

3 with respect to the personnel of the Department of State

4 only to the extent that the appropriate congressional com5 mittees have been notified 15 days in advance in accord6 ance with the reprogramming procedures applicable under

7 section 634A of that Act (22 U.S.C. 2394).

8 (b) DEFINITION.—For purposes of this section, the

9 term ‘‘appropriate congressional committees’’ means the

10 Committee on International Relations and the Committee

11 on Appropriations of the House of Representatives and the

12 Committee on Foreign Relations and the Committee on

13 Appropriations of the Senate.

14 SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE15 LATED ECONOMIC ASSISTANCE.

16 For each of the fiscal years 1996 and 1997, narcot17 ics-related assistance under part I of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2151 et seq.) may be pro19 vided notwithstanding any other provision of law that re20 stricts assistance to foreign countries (other than section

21 490(e) or section 502B of that Act (22 U.S.C. 2291j(e)

22 and 2304)) if, at least 15 days before obligating funds

23 for such assistance, the President notifies the appropriate

24 congressional committees (as defined in section 481(e) of

25 that Act (22 U.S.C. 2291(e))) in accordance with the pro-
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1 cedures applicable to reprogramming notifications under

2 section 634A of that Act (22 U.S.C. 2394).

3 Subtitle E—Other Provisions

4 SEC. 1541. STANDARDIZATION OF CONGRESSIONAL REVIEW

5 PROCEDURES FOR ARMS TRANSFERS.

6 (a) THIRD COUNTRY TRANSFERS UNDER FMS

7 SALES.—Section 3(d)(2) of the Arms Export Control Act

8 (22 U.S.C. 2753(d)(2)) is amended—

9 (1) in subparagraph (A), by striking ‘‘, as pro10 vided for in sections 36(b)(2) and 36(b)(3) of this

11 Act’’;

12 (2) in subparagraph (B), by striking ‘‘law’’ and

13 inserting ‘‘joint resolution’’; and

14 (3) by adding at the end the following:

15 ‘‘(C) If the President states in his certification under

16 subparagraph (A) or (B) that an emergency exists which

17 requires that consent to the proposed transfer become ef18 fective immediately in the national security interests of the

19 United States, thus waiving the requirements of that sub20 paragraph, the President shall set forth in the certification

21 a detailed justification for his determination, including a

22 description of the emergency circumstances which neces23 sitate immediate consent to the transfer and a discussion

24 of the national security interests involved.
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1 ‘‘(D)(i) Any joint resolution under this paragraph

2 shall be considered in the Senate in accordance with the

3 provisions of section 601(b) of the International Security

4 Assistance and Arms Export Control Act of 1976.

5 ‘‘(ii) For the purpose of expediting the consideration

6 and enactment of joint resolutions under this paragraph,

7 a motion to proceed to the consideration of any such joint

8 resolution after it has been reported by the appropriate

9 committee shall be treated as highly privileged in the

10 House of Representatives.’’.

11 (b) THIRD COUNTRY TRANSFERS UNDER COMMER12 CIAL SALES.—Section 3(d)(3) of such Act (22 U.S.C.

13 2753(d)(3)) is amended—

14 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

15 (2) in the first sentence—

16 (A) by striking ‘‘at least 30 calendar

17 days’’; and

18 (B) by striking ‘‘report’’ and inserting

19 ‘‘certification’’; and

20 (3) by striking the last sentence and inserting

21 the following: ‘‘Such certification shall be submit22 ted—

23 ‘‘(i) at least 15 calendar days before such con24 sent is given in the case of a transfer to a country
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1 which is a member of the North Atlantic Treaty Or2 ganization or Australia, Japan, or New Zealand; and

3 ‘‘(ii) at least 30 calendar days before such con4 sent is given in the case of a transfer to any other

5 country,

6 unless the President states in his certification that an

7 emergency exists which requires that consent to the pro8 posed transfer become effective immediately in the na9 tional security interests of the United States. If the Presi10 dent states in his certification that such an emergency ex11 ists (thus waiving the requirements of clause (i) or (ii),

12 as the case may be, and of subparagraph (B)) the Presi13 dent shall set forth in the certification a detailed justifica14 tion for his determination, including a description of the

15 emergency circumstances which necessitate that consent

16 to the proposed transfer become effective immediately and

17 a discussion of the national security interests involved.

18 ‘‘(B) Consent to a transfer subject to subparagraph

19 (A) shall become effective after the end of the 15-day or

20 30-day period specified in subparagraph (A)(i) or (ii), as

21 the case may be, only if the Congress does not enact, with22 in that period, a joint resolution prohibiting the proposed

23 transfer.

24 ‘‘(C)(i) Any joint resolution under this paragraph

25 shall be considered in the Senate in accordance with the
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1 provisions of section 601(b) of the International Security

2 Assistance and Arms Export Control Act of 1976.

3 ‘‘(ii) For the purpose of expediting the consideration

4 and enactment of joint resolutions under this paragraph,

5 a motion to proceed to the consideration of any such joint

6 resolution after it has been reported by the appropriate

7 committee shall be treated as highly privileged in the

8 House of Representatives.’’.

9 (c) COMMERCIAL SALES.—Section 36(c)(2) of such

10 Act (22 U.S.C. 2776(c)(2)) is amended by amending sub11 paragraphs (A) and (B) to read as follows:

12 ‘‘(A) in the case of a license for an export to

13 the North Atlantic Treaty Organization, any mem14 ber country of that Organization or Australia,

15 Japan, or New Zealand, shall not be issued until at

16 least 15 calendar days after the Congress receives

17 such certification, and shall not be issued then if the

18 Congress, within that 15-day period, enacts a joint

19 resolution prohibiting the proposed export; and

20 ‘‘(B) in the case of any other license, shall not

21 be issued until at least 30 calendar days after the

22 Congress receives such certification, and shall not be

23 issued then if the Congress, within that 30-day pe24 riod, enacts a joint resolution prohibiting the pro25 posed export.’’.
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1 (d) COMMERCIAL MANUFACTURING AGREEMENTS.—

2 Section 36(d) of such Act (22 U.S.C. 2776(d)) is amend3 ed—

4 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

5 (2) by striking ‘‘for or in a country not a mem6 ber of the North Atlantic Treaty Organization’’; and

7 (3) by adding at the end the following:

8 ‘‘(2) A certification under this subsection shall be

9 submitted—

10 ‘‘(A) at least 15 days before approval is given

11 in the case of an agreement for or in a country

12 which is a member of the North Atlantic Treaty Or13 ganization or Australia, Japan, or New Zealand; and

14 ‘‘(B) at least 30 days before approval is given

15 in the case of an agreement for or in any other

16 country;

17 unless the President states in his certification that an

18 emergency exists which requires the immediate approval

19 of the agreement in the national security interests of the

20 United States.

21 ‘‘(3) If the President states in his certification that

22 an emergency exists which requires the immediate ap23 proval of the agreement in the national security interests

24 of the United States, thus waiving the requirements of

25 paragraph (4), he shall set forth in the certification a de-
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1 tailed justification for his determination, including a de2 scription of the emergency circumstances which neces3 sitate the immediate approval of the agreement and a dis4 cussion of the national security interests involved.

5 ‘‘(4) Approval for an agreement subject to paragraph

6 (1) may not be given under section 38 if the Congress,

7 within the 15-day or 30-day period specified in paragraph

8 (2)(A) or (B), as the case may be, enacts a joint resolution

9 prohibiting such approval.

10 ‘‘(5)(A) Any joint resolution under paragraph (4)

11 shall be considered in the Senate in accordance with the

12 provisions of section 601(b) of the International Security

13 Assistance and Arms Export Control Act of 1976.

14 ‘‘(B) For the purpose of expediting the consideration

15 and enactment of joint resolutions under paragraph (4),

16 a motion to proceed to the consideration of any such joint

17 resolution after it has been reported by the appropriate

18 committee shall be treated as highly privileged in the

19 House of Representatives.’’.

20 (e) GOVERNMENT-TO-GOVERNMENT LEASES.—

21 (1) CONGRESSIONAL REVIEW PERIOD.—Section

22 62 of such Act (22 U.S.C. 2796a) is amended—

23 (A) in subsection (a), by striking ‘‘Not less

24 than 30 days before’’ and inserting ‘‘Before’’;

25 (B) in subsection (b)—
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1 (i) by striking ‘‘determines, and im2 mediately reports to the Congress’’ and in3 serting ‘‘states in his certification’’; and

4 (ii) by adding at the end of the sub5 section the following: ‘‘If the President

6 states in his certification that such an

7 emergency exists, he shall set forth in the

8 certification a detailed justification for his

9 determination, including a description of

10 the emergency circumstances which neces11 sitate that the lease be entered into imme12 diately and a discussion of the national se13 curity interests involved.’’; and

14 (C) by adding at the end of the section the

15 following:

16 ‘‘(c) The certification required by subsection (a) shall

17 be transmitted—

18 ‘‘(1) not less than 15 calendar days before the

19 agreement is entered into or renewed in the case of

20 an agreement with the North Atlantic Treaty Orga21 nization, any member country of that Organization

22 or Australia, Japan, or New Zealand; and

23 ‘‘(2) not less than 30 calendar days before the

24 agreement is entered into or renewed in the case of
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1 an agreement with any other organization or coun2 try.’’.

3 (2) CONGRESSIONAL DISAPPROVAL.—Section

4 63(a) of such Act (22 U.S.C. 2796b(a)) is amend5 ed—

6 (A) by striking ‘‘(a)(1)’’ and inserting

7 ‘‘(a)’’;

8 (B) by striking out the ‘‘30 calendar days

9 after receiving the certification with respect to

10 that proposed agreement pursuant to section

11 62(a),’’ and inserting in lieu thereof ‘‘the 15-

12 day or 30-day period specified in section 62(c)

13 (1) or (2), as the case may be,’’; and

14 (C) by striking paragraph (2).

15 (f) EFFECTIVE DATE.—The amendments made by

16 this section apply with respect to certifications required

17 to be submitted on or after the date of the enactment of

18 this Act.

19 SEC. 1542. INCREASED STANDARDIZATION, RATIONALIZA20 TION, AND INTEROPERABILITY OF ASSIST21 ANCE AND SALES PROGRAMS.

22 Paragraph (6) of section 515(a) of the Foreign As23 sistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended

24 by striking ‘‘among members of the North Atlantic Treaty
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1 Organization and with the Armed Forces of Japan, Aus2 tralia, and New Zealand’’.

3 SEC. 1543. DEFINITION OF SIGNIFICANT MILITARY EQUIP4 MENT.

5 Section 47 of the Arms Export Control Act (22

6 U.S.C. 2794) is amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (8), by striking the period at

10 the end and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(9) ‘significant military equipment’ means articles—

14 ‘‘(A) for which special export controls are war15 ranted because of the capacity of such articles for

16 substantial military utility or capability; and

17 ‘‘(B) identified on the United States Munitions

18 List.’’.

19 SEC. 1544. ELIMINATION OF ANNUAL REPORTING REQUIRE20 MENT RELATING TO THE SPECIAL DEFENSE

21 ACQUISITION FUND.

22 (a) IN GENERAL.—Section 53 of the Arms Export

23 Control Act (22 U.S.C. 2795b) is hereby repealed.

24 (b) CONFORMING AMENDMENT.—Section 51(a)(4) of

25 such Act (22 U.S.C. 2795(a)(4)) is amended—
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1 (1) by striking ‘‘(a)’’; and

2 (2) by striking subparagraph (B).

3 SEC. 1545. COST OF LEASED DEFENSE ARTICLES THAT

4 HAVE BEEN LOST OR DESTROYED.

5 Section 61(a)(4) of the Arms Export Control Act (22

6 U.S.C. 2796(a)(4)) is amended by striking ‘‘and the re7 placement cost’’ and all that follows and inserting the fol8 lowing: ‘‘and, if the articles are lost or destroyed while

9 leased—

10 ‘‘(A) in the event the United States in11 tends to replace the articles lost or destroyed,

12 the replacement cost (less any depreciation in

13 the value) of the articles; or

14 ‘‘(B) in the event the United States does

15 not intend to replace the articles lost or de16 stroyed, an amount not less than the actual

17 value (less any depreciation in the value) speci18 fied in the lease agreement.’’.

19 SEC. 1546. DESIGNATION OF MAJOR NON-NATO ALLIES.

20 (a) DESIGNATION.—

21 (1) NOTICE TO CONGRESS.—Chapter 2 of part

22 II of the Foreign Assistance Act of 1961 (22 U.S.C.

23 2311 et seq.), as amended by this title, is further

24 amended by adding at the end the following new sec25 tion:
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1 ‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.

2 ‘‘(a) NOTICE TO CONGRESS.—The President shall no3 tify the Congress in writing at least 30 days before—

4 ‘‘(1) designating a country as a major non5 NATO ally for purposes of this Act and the Arms

6 Export Control Act (22 U.S.C. 2751 et seq.); or

7 ‘‘(2) terminating such a designation.

8 ‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is9 rael, Japan, the Republic of Korea, and New Zealand shall

10 be deemed to have been so designated by the President

11 as of the effective date of this section, and the President

12 is not required to notify the Congress of such designation

13 of those countries.’’.

14 (2) DEFINITION.—Section 644 of such Act (22

15 U.S.C. 2403) is amended by adding at the end the

16 following:

17 ‘‘(q) ‘Major non-NATO ally’ means a country which

18 is designated in accordance with section 517 as a major

19 non-NATO ally for purposes of this Act and the Arms Ex20 port Control Act (22 U.S.C. 2751 et seq.).’’.

21 (3) EXISTING DEFINITIONS.—(A) The last sen22 tence of section 21(g) of the Arms Export Control

23 Act (22 U.S.C. 2761(g)) is repealed.

24 (B) Section 65(d) of such Act (22 U.S.C.

25 2796d(d)) is amended—

26 (i) by striking ‘‘or major non-NATO’’; and
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1 (ii) by striking out ‘‘or a’’ and all that fol2 lows through ‘‘Code’’.

3 (b) COOPERATIVE TRAINING AGREEMENTS.—Section

4 21(g) of the Arms Export Control Act (22 U.S.C.

5 2761(g)) is amended in the first sentence by striking

6 ‘‘similar agreements’’ and all that follows through ‘‘other

7 countries’’ and inserting ‘‘similar agreements with coun8 tries’’.

9 SEC. 1547. CERTIFICATION THRESHOLDS.

10 (a) INCREASE IN DOLLAR THRESHOLDS.—The Arms

11 Export Control Act (22 U.S.C. 2751 et seq.) is amended—

12 (1) in section 3(d) (22 U.S.C. 2753(d))—

13 (A) in paragraphs (1) and (3), by striking

14 ‘‘$14,000,000’’ each place it appears and in15 serting ‘‘$25,000,000’’; and

16 (B) in paragraphs (1) and (3), by striking

17 ‘‘$50,000,000’’ each place it appears and in18 serting ‘‘$75,000,000’’;

19 (2) in section 36 (22 U.S.C. 2776)—

20 (A) in subsections (b)(1), (b)(5)(C), and

21 (c)(1), by striking ‘‘$14,000,000’’ each place it

22 appears and inserting ‘‘$25,000,000’’;

23 (B) in subsections (b)(1), (b)(5)(C), and

24 (c)(1), by striking ‘‘$50,000,000’’ each place it

25 appears and inserting ‘‘$75,000,000’’; and
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1 (C) in subsections (b)(1) and (b)(5)(C), by

2 striking ‘‘$200,000,000’’ each place it appears

3 and inserting ‘‘$300,000,000’’; and

4 (3) in section 63(a) (22 U.S.C. 2796b(a))—

5 (A) by striking ‘‘$14,000,000’’ and insert6 ing ‘‘$25,000,000’’; and

7 (B) by striking ‘‘$50,000,000’’ and insert8 ing ‘‘$75,000,000’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) apply with respect to certifications submit11 ted on or after the date of the enactment of this Act.

12 SEC. 1548. DEPLETED URANIUM AMMUNITION.

13 Chapter 1 of part III of the Foreign Assistance Act

14 of 1961 (22 U.S.C. 2370 et seq.), as amended by this title,

15 is further amended by adding at the end the following new

16 section:

17 ‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION.

18 ‘‘(a) PROHIBITION.—Except as provided in sub19 section (b), none of the funds made available to carry out

20 this Act or any other Act may be made available to facili21 tate in any way the sale of M–833 antitank shells or any

22 comparable antitank shells containing a depleted uranium

23 penetrating component to any country other than—

24 ‘‘(1) a country that is a member of the North

25 Atlantic Treaty Organization;
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1 ‘‘(2) a country that has been designated as a

2 major non-NATO ally (as defined in section 644(q));

3 or

4 ‘‘(3) Taiwan.

5 ‘‘(b) EXCEPTION.—The prohibition contained in sub6 section (a) shall not apply with respect to the use of funds

7 to facilitate the sale of antitank shells to a country if the

8 President determines that to do so is in the national secu9 rity interest of the United States.’’.

10 SEC. 1549. END-USE MONITORING OF DEFENSE ARTICLES

11 AND DEFENSE SERVICES.

12 (a) IN GENERAL.—The Arms Export Control Act (22

13 U.S.C. 2751 et seq.) is amended by inserting after chapter

14 3 the following new chapter:

15 ‘‘CHAPTER 3A—END-USE MONITORING OF

16 DEFENSE ARTICLES AND DEFENSE

17 SERVICES

18 ‘‘SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES

19 AND DEFENSE SERVICES.

20 ‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—

21 ‘‘(1) IN GENERAL.—In order to improve ac22 countability with respect to defense articles and de23 fense services sold, leased, or exported under this

24 Act or the Foreign Assistance Act of 1961 (22

25 U.S.C. 2151 et seq.), the President shall establish a
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1 program which provides for the end-use monitoring

2 of such articles and services.

3 ‘‘(2) REQUIREMENTS OF PROGRAM.—To the ex4 tent practicable, such program—

5 ‘‘(A) shall provide for the end-use monitor6 ing of defense articles and defense services in

7 accordance with the standards that apply for

8 identifying high-risk exports for regular end-use

9 verification developed under section 38(g)(7) of

10 this Act (commonly referred to as the ‘Blue

11 Lantern’ program); and

12 ‘‘(B) shall be designed to provide reason13 able assurance that—

14 ‘‘(i) the recipient is complying with

15 the requirements imposed by the United

16 States Government with respect to use,

17 transfers, and security of defense articles

18 and defense services; and

19 ‘‘(ii) such articles and services are

20 being used for the purposes for which they

21 are provided.

22 ‘‘(b) CONDUCT OF PROGRAM.—In carrying out the

23 program established under subsection (a), the President

24 shall ensure that the program—
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1 ‘‘(1) provides for the end-use verification of de2 fense articles and defense services that incorporate

3 sensitive technology, defense articles and defense

4 services that are particularly vulnerable to diversion

5 or other misuse, or defense articles or defense serv6 ices whose diversion or other misuse could have sig7 nificant consequences; and

8 ‘‘(2) prevents the diversion (through reverse en9 gineering or other means) of technology incorporated

10 in defense articles.

11 ‘‘(c) REPORT TO CONGRESS.—Not later than 6

12 months after the date of the enactment of this section,

13 and annually thereafter as a part of the annual congres14 sional presentation documents submitted under section

15 634 of the Foreign Assistance Act of 1961, the President

16 shall transmit to the Congress a report describing the ac17 tions taken to implement this section, including a detailed

18 accounting of the costs and number of personnel associ19 ated with the monitoring program.

20 ‘‘(d) THIRD COUNTRY TRANSFERS.—For purposes of

21 this section, defense articles and defense services sold,

22 leased, or exported under this Act or the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2151 et seq.) includes de24 fense articles and defense services that are transferred to

25 a third country or other third party.’’.
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1 (b) EFFECTIVE DATE.—Section 40A of the Arms Ex2 port Control Act, as added by subsection (a), applies with

3 respect to defense articles and defense services provided

4 before or after the date of the enactment of this Act.

5 SEC. 1550. BROKERING ACTIVITIES RELATING TO COMMER6 CIAL SALES OF DEFENSE ARTICLES AND

7 SERVICES.

8 (a) IN GENERAL.—Section 38(b)(1)(A) of the Arms

9 Export Control Act (22 U.S.C. 2778(b)(1)(A)) is amend10 ed—

11 (1) in the first sentence, by striking ‘‘As pre12 scribed in regulations’’ and inserting ‘‘(i) As pre13 scribed in regulations’’; and

14 (2) by adding at the end the following new

15 clause:

16 ‘‘(ii)(I) As prescribed in regulations issued under this

17 section, every person (other than an officer or employee

18 of the United States Government acting in official capac19 ity) who engages in the business of brokering activities

20 with respect to the manufacture, export, import, or trans21 fer of any defense article or defense service designated by

22 the President under subsection (a)(1), or in the business

23 of brokering activities with respect to the manufacture, ex24 port, import, or transfer of any foreign defense article or

25 defense service (as defined in subclause (IV)), shall reg-
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1 ister with the United States Government agency charged

2 with the administration of this section, and shall pay a

3 registration fee which shall be prescribed by such regula4 tions.

5 ‘‘(II) Such brokering activities shall include the fi6 nancing, transportation, freight forwarding, or taking of

7 any other action that facilitates the manufacture, export,

8 or import of a defense article or defense service.

9 ‘‘(III) No person may engage in the business of

10 brokering activities described in subclause (I) without a

11 license, issued in accordance with this Act, except that no

12 license shall be required for such activities undertaken by

13 or for an agency of the United States Government—

14 ‘‘(aa) for use by an agency of the United States

15 Government; or

16 ‘‘(bb) for carrying out any foreign assistance or

17 sales program authorized by law and subject to the

18 control of the President by other means.

19 ‘‘(IV) For purposes of this clause, the term ‘foreign

20 defense article or defense service’ includes any non-United

21 States defense article or defense service of a nature de22 scribed on the United States Munitions List regardless of

23 whether such article or service is of United States origin

24 or whether such article or service contains United States

25 origin components.’’.
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1 (b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of

2 the Arms Export Control Act, as added by subsection (a),

3 shall apply with respect to brokering activities engaged in

4 beginning on or after 120 days after the enactment of this

5 Act.

6 SEC. 1551. RETURN AND EXCHANGES OF DEFENSE ARTI7 CLES PREVIOUSLY TRANSFERRED PURSUANT

8 TO THE ARMS EXPORT CONTROL ACT.

9 (a) REPAIR OF DEFENSE ARTICLES.—Section 21 of

10 the Arms Export Control Act (22 U.S.C. 2761) is amend11 ed by adding at the end the following new subsection:

12 ‘‘(l) REPAIR OF DEFENSE ARTICLES.—

13 ‘‘(1) IN GENERAL.—The President may acquire

14 a repairable defense article from a foreign country

15 or international organization if such defense arti16 cle—

17 ‘‘(A) previously was transferred to such

18 country or organization under this Act;

19 ‘‘(B) is not an end item; and

20 ‘‘(C) will be exchanged for a defense article

21 of the same type that is in the stocks of the De22 partment of Defense.

23 ‘‘(2) LIMITATION.—The President may exercise

24 the authority provided in paragraph (1) only to the

25 extent that the Department of Defense—
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1 ‘‘(A)(i) has a requirement for the defense

2 article being returned; and

3 ‘‘(ii) has available sufficient funds author4 ized and appropriated for such purpose; or

5 ‘‘(B)(i) is accepting the return of the de6 fense article for subsequent transfer to another

7 foreign government or international organiza8 tion pursuant to a letter of offer and acceptance

9 implemented in accordance with this Act; and

10 ‘‘(ii) has available sufficient funds provided

11 by or on behalf of such other foreign govern12 ment or international organization pursuant to

13 a letter of offer and acceptance implemented in

14 accordance with this Act.

15 ‘‘(3) REQUIREMENT.—(A) The foreign govern16 ment or international organization receiving a new

17 or repaired defense article in exchange for a repair18 able defense article pursuant to paragraph (1) shall,

19 upon the acceptance by the United States Govern20 ment of the repairable defense article being re21 turned, be charged the total cost associated with the

22 repair and replacement transaction.

23 ‘‘(B) The total cost charged pursuant to sub24 paragraph (A) shall be the same as that charged the

25 United States Armed Forces for a similar repair and
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1 replacement transaction, plus an administrative sur2 charge in accordance with subsection (e)(1)(A) of

3 this section.

4 ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI5 SIONS OF LAW.—The authority of the President to

6 accept the return of a repairable defense article as

7 provided in subsection (a) shall not be subject to

8 chapter 137 of title 10, United States Code, or any

9 other provision of law relating to the conclusion of

10 contracts.’’.

11 (b) RETURN OF DEFENSE ARTICLES.—Section 21 of

12 such Act (22 U.S.C. 2761), as amended by subsection (a),

13 is further amended by adding at the end the following new

14 subsection:

15 ‘‘(m) RETURN OF DEFENSE ARTICLES.—

16 ‘‘(1) IN GENERAL.—The President may accept

17 the return of a defense article from a foreign coun18 try or international organization if such defense arti19 cle—

20 ‘‘(A) previously was transferred to such

21 country or organization under this Act;

22 ‘‘(B) is not significant military equipment

23 (as defined in section 47(9) of this Act); and

24 ‘‘(C) is in fully functioning condition with25 out need of repair or rehabilitation.
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1 ‘‘(2) LIMITATION.—The President may exercise

2 the authority provided in paragraph (1) only to the

3 extent that the Department of Defense—

4 ‘‘(A)(i) has a requirement for the defense

5 article being returned; and

6 ‘‘(ii) has available sufficient funds author7 ized and appropriated for such purpose; or

8 ‘‘(B)(i) is accepting the return of the de9 fense article for subsequent transfer to another

10 foreign government or international organiza11 tion pursuant to a letter of offer and acceptance

12 implemented in accordance with this Act; and

13 ‘‘(ii) has available sufficient funds provided

14 by or on behalf of such other foreign govern15 ment or international organization pursuant to

16 a letter of offer and acceptance implemented in

17 accordance with this Act.

18 ‘‘(3) CREDIT FOR TRANSACTION.—Upon acqui19 sition and acceptance by the United States Govern20 ment of a defense article under paragraph (1), the

21 appropriate Foreign Military Sales account of the

22 provider shall be credited to reflect the transaction.

23 ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI24 SIONS OF LAW.—The authority of the President to

25 accept the return of a defense article as provided in
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1 paragraph (1) shall not be subject to chapter 137 of

2 title 10, United States Code, or any other provision

3 of law relating to the conclusion of contracts.’’.

4 (c) REGULATIONS.—Under the direction of the Presi5 dent, the Secretary of Defense shall promulgate regula6 tions to implement subsections (l) and (m) of section 21

7 of the Arms Export Control Act, as added by this section.

8 SEC. 1552. NATIONAL SECURITY INTEREST DETERMINA9 TION TO WAIVE REIMBURSEMENT OF DEPRE10 CIATION FOR LEASED DEFENSE ARTICLES.

11 (a) IN GENERAL.—Section 61(a) of the Arms Export

12 Control Act (22 U.S.C. 2796(a)) is amended—

13 (1) in the second sentence, by striking ‘‘, or to

14 any defense article which has passed three-quarters

15 of its normal service life’’; and

16 (2) by inserting after the second sentence the

17 following new sentence: ‘‘The President may waive

18 the requirement of paragraph (4) for reimbursement

19 of depreciation for any defense article which has

20 passed three-quarters of its normal service life if the

21 President determines that to do so is important to

22 the national security interest of the United States.’’.

23 (b) EFFECTIVE DATE.—The third sentence of section

24 61(a) of the Arms Export Control Act, as added by sub25 section (a)(2), shall apply only with respect to a defense
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1 article leased on or after the date of the enactment of this

2 Act.

3 SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT

4 CONTROL ACT.

5 The Government of the Republic of Panama shall be

6 eligible to purchase defense articles and defense services

7 under the Arms Export Control Act (22 U.S.C. 2751 et

8 seq.), except as otherwise specifically provided by law.

9 DIVISION B—MILITARY CON10 STRUCTION AUTHORIZA11 TIONS

12 SEC. 2001. SHORT TITLE.

13 This division may be cited as the ‘‘Military Construc14 tion Authorization Act for Fiscal Year 1997’’.

15 TITLE XXI—ARMY

16 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

17 ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts

19 appropriated pursuant to the authorization of appropria20 tions in section 2104(a)(1), the Secretary of the Army

21 may acquire real property and carry out military construc22 tion projects for the installations and locations inside the

23 United States, and in the amounts, set forth in the follow24 ing table:
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Army: Inside the United States

State Installation or location Total

Arizona ............................ Fort Huachuca ..................................... $21,000,000

California ......................... Army project, Naval Weapons Station,

Concord ............................................ $27,000,000

Camp Roberts ...................................... $5,500,000

Fort Irwin ............................................ $7,000,000

Colorado .......................... Fort Carson ......................................... $17,550,000

District of Columbia ........ Fort McNair ........................................ $6,900,000

Georgia ............................ Fort Benning ....................................... $53,400,000

Fort McPherson ................................... $9,100,000

Fort Stewart, Hunter Army Air Field $6,000,000

Kansas ............................. Fort Riley ............................................. $26,000,000

Kentucky ......................... Fort Campbell ...................................... $51,100,000

Fort Knox ............................................ $20,500,000

New Jersey ...................... Picatinny Arsenal ................................. $7,500,000

New Mexico ..................... White Sands Missile Range ................. $10,000,000

New York ........................ Fort Drum ........................................... $11,400,000

North Carolina ................ Fort Bragg ........................................... $14,000,000

Texas ............................... Fort Hood ............................................ $52,700,000

Virginia ........................... Fort Eustis .......................................... $3,550,000

Washington ..................... Fort Lewis ........................................... $54,600,000

CONUS Classified ........... Classified Location ............................... $4,600,000

Total ............................................. $409,400,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Total

Germany ............................... Lincoln Village ................................ $7,300,000

Spinelli Barracks ............................ $8,100,000

Taylor Barracks .............................. $9,300,000

Italy ...................................... Camp Ederle, Vincenza .................. $3,100,000

Korea .................................... Camp Casey .................................... $16,000,000

Camp Red Cloud ............................ $14,000,000

Overseas Classified ............... Classified Location ......................... $64,000,000

Total ........................................ $121,800,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2104(a)(6)(A), the Secretary of the

2 Army may construct or acquire family housing units (in3 cluding land acquisition) at the installations, for the pur4 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Total

Alabama ....................... Redstone Arsenal ......... 70 Units .......... $8,000,000

Hawaii .......................... Schofield Barracks ...... 54 Units .......... $10,000,000

North Carolina ............. Fort Bragg .................. 88 Units .......... $9,800,000

Pennsylvania ................. Tobyhanna Army

Depot ....................... 200 Units ........ $890,000

Texas ............................ Fort Bliss .................... 85 Units .......... $12,000,000

Fort Hood .................... 140 Units ........ $18,500,000

Total: ....... $59,190,000

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in

7 section 2104(a)(6)(A), the Secretary of the Army may

8 carry out architectural and engineering services and con9 struction design activities with respect to the construction

10 or improvement of family housing units in an amount not

11 to exceed $2,963,000.

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

13 UNITS.

14 Subject to section 2825 of title 10, United States

15 Code, and using amounts appropriated pursuant to the

16 authorization of appropriations in sections 2104(a)(6)(A),

17 the Secretary of the Army may improve existing military

18 family housing units in an amount not to exceed

19 $114,450,000.
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 1996, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Army in the total amount of $2,037,653,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2101(a),

9 $409,400,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2101(b),

12 $121,800,000.

13 (3) For unspecified minor military construction

14 projects authorized by section 2805 of title 10, Unit15 ed States Code, $8,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $54,384,000.

19 (5) For demolition of excess facilities under sec20 tion 2814 of title 10, United States Code, as added

21 by section 2802, $10,000,000.

22 (6) For military family housing functions:

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military

25 family housing and facilities, $176,603,000.
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1 (B) For support of military family housing

2 (including the functions described in section

3 2833 of title 10, United States Code),

4 $1,257,466,000.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2101 of this Act

10 may not exceed the total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection (a).

12 SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS,

13 FORT IRWIN, CALIFORNIA.

14 In the case of amounts appropriated pursuant to the

15 authorization of appropriations in section 2104(a)(1) of

16 the Military Construction Authorization Act for Fiscal

17 Year 1995 (division B of Public Law 103–337) and sec18 tion 2104(a)(1) of the Military Construction Authorization

19 Act for Fiscal Year 1996 (division B of Public Law 104–

20 106) for a military construction project for Fort Irwin,

21 California, involving the construction of an air field for

22 the National Training Center at Barstow-Daggett, Cali23 fornia, the Secretary of the Army may use such amounts

24 for the construction of a heliport at the same location.
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1 TITLE XXII—NAVY

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may

7 acquire real property and carry out military construction

8 projects for the installations and locations inside the Unit9 ed States, and in the amounts, set forth in the following

10 table:

Navy: Inside the United States

State Installation or location Amount

Arizona .......................... Navy Detachment, Camp Navajo ............ $3,920,000

Marine Corps Air Station, Yuma ............. $14,600,000

California ....................... Marine Corps Air-Ground Combat Center, Twentynine Palms ......................... $4,020,000

Marine Corps Air Station, Camp Pendleton ........................................................ $6,240,000

Marine Corps Base, Camp Pendleton ...... $51,630,000

Naval Air Station, North Island .............. $86,502,000

Naval Facility, San Clemente Island ....... $17,000,000

Naval Station, San Diego ........................ $7,050,000

Naval Command Control & Ocean Surveillance Center, San Diego ................. $1,960,000

Connecticut .................... Naval Submarine Base, New London ...... $13,830,000

District of Columbia ...... Naval District, Washington ..................... $19,300,000

Florida ........................... Naval Air Station, Key West ................... $2,250,000

Naval Station, Mayport ........................... $2,800,000

Georgia .......................... Marine Corps Logistics Base, Albany ...... $1,630,000

Naval Submarine Base, Kings Bay ......... $1,550,000

Hawaii ........................... Marine Corps Air Station, Kaneohe Bay $20,080,000

Naval Station, Pearl Harbor ................... $19,600,000

Naval Submarine Base, Pearl Harbor ..... $35,890,000

Idaho .............................. Naval Surface Warfare Center, Bayview $7,150,000

Illinois ............................ Naval Hospital, Great Lakes ................... $15,200,000

Naval Training Center, Great Lakes ....... $22,900,000

Indiana ........................... Naval Surface Warfare Center, Crane ..... $5,000,000

Maryland ........................ Naval Air Warfare Center, Patuxent

River ..................................................... $1,270,000

Nevada ........................... Naval Air Station, Fallon ........................ $16,200,000

North Carolina .............. Marine Corps Air Station, Cherry Point $1,630,000

Marine Corps Air Station, New River ..... $20,290,000

Marine Corps Base, Camp LeJeune ........ $20,750,000

Pennsylvania .................. Philadelphia Naval Shipyard ................... $8,300,000

South Carolina ............... Marine Corps Recruit Detachment, Parris Island.$4,990,000

Texas ............................. Naval Station, Ingleside ........................... $16,850,000

Naval Air Station, Kingsville ................... $1,810,000

Virginia .......................... Armed Forces Staff College, Norfolk ...... $12,900,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Fleet Combat Training Command, Dam

Neck ..................................................... $7,000,000

Marine Corps Combat Development Command, Quantico .................................... $14,570,000

Naval Station, Norfolk ............................. $56,120,000

Naval Surface Warfare Center, Dahlgren $8,030,000

Washington .................... Naval Station, Everett ............................. $25,740,000

Naval Undersea Warfare Center ............. $6,800,000

CONUS Various ............ Defense access roads ................................ $300,000

.

Total ................................................. $583,652,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Administrative Support Unit, Bahrain .... $5,980,000

Greece ............................ Naval Support Activity, Souda Bay ......... $11,050,000

Italy ............................... Naval Air Station, Sigonella .................... $15,700,000

Naval Support Activity, Naples ............... $8,620,000

United Kingdom ............ Joint Maritime Communications Center,

St. Mawgan .......................................... $4,700,000

Total ................................................. $46,050,000

8 SEC. 2202. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(a)(6)(A), the Secretary of the

12 Navy may construct or acquire family housing units (in13 cluding land acquisition) at the installations, for the pur14 poses, and in the amounts set forth in the following table:
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Navy: Family Housing

State Installation Purpose Amount

Arizona ................. Marine Corps Air

Station, Yuma ....... Ancillary Facility ... $709,000

California ............. Marine Corps AirGround Combat

Center, Twentynine

Palms .................... Ancillary Facility ... $2,938,000

Marine Corps Base,

Camp Pendleton ... 202 Units .............. $29,483,000

Naval Air Station,

Lemoore ................ 276 Units .............. $39,837,000

Navy Public Works

Center, San Diego 466 Units .............. $63,429,000

Florida .................. Naval Station,

Mayport ................ 100 Units .............. $10,000,000

Hawaii .................. Marine Corps Air

Station, Kaneohe

Bay ....................... 54 Units ................ $11,676,000

Navy Public Works

Center, Pearl Harbor ......................... 264 Units .............. $52,586,000

Maine ................... Naval Air Station,

Brunswick ............. 92 Units ................ $10,925,000

Maryland .............. Naval Air Warfare

Center, Patuxent

River ..................... Ancillary Facility ... $1,233,000

North Carolina ..... Marine Corps Base,

Camp LeJeune ...... Ancillary Facility ... $845,000

Marine Corps Base,

Camp LeJeune ...... 125 Units .............. $13,360,000

South Carolina ..... Marine Corps Air

Station, Beaufort 200 Units .............. $19,110,000

Texas .................... Corpus Christi Naval

Complex ................ 156 Units .............. $17,425,000

Naval Air Station,

Kingsville .............. 48 Units ................ $7,550,000

Virginia ................ AEGIS Combat Systems Center, Wallops Island ............ 20 Units ................ $2,975,000

Naval Security Group

Activity, Northwest Ancillary Facility ... $741,000

Washington .......... Naval Station, Everett .......................... 100 Units .............. $15,015,000

Naval Submarine

Base, Bangor ........ Ancillary Facility ... $934,000

Total .............. $300,771,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(6)(A), the Secretary of the Navy may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction
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1 or improvement of military family housing units in an

2 amount not to exceed $22,552,000.

3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

7 authorization of appropriations in section 2204(a)(6)(A),

8 the Secretary of the Navy may improve existing military

9 family housing units in an amount not to exceed

10 $209,133,000.

11 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

12 (a) IN GENERAL.—Funds are hereby authorized to

13 be appropriated for fiscal years beginning after September

14 30, 1996, for military construction, land acquisition, and

15 military family housing functions of the Department of the

16 Navy in the total amount of $2,309,273,000 as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2201(a),

19 $583,652,000.

20 (2) For military construction projects outside

21 the United States authorized by section 2201(b),

22 $46,050,000.

23 (3) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $8,115,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $50,959,000.

4 (5) For demolition of excess facilities under sec5 tion 2814 of title 10, United States Code, as added

6 by section 2802, $10,000,000.

7 (6) For military family housing functions:

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military

10 family housing and facilities, $532,456,000.

11 (B) For support of military housing (in12 cluding functions described in section 2833 of

13 title 10, United States Code), $1,058,241,000.

14 (7) For the construction of a bachelor enlisted

15 quarters at the Naval Construction Batallion Center,

16 Port Hueneme, California, authorized by section

17 2201(a) of the Military Construction Authorization

18 Act for Fiscal Year 1996 (division B of Public Law

19 104–106; 110 Stat. 525), $7,700,000.

20 (8) For the construction of a Strategic Mari21 time Research Center at the Naval War College,

22 Newport, Rhode Island, authorized by section

23 2201(a) of the Military Construction Authorization

24 Act for Fiscal Year 1995 (division B of Public Law

25 103–337; 108 Stat. 3031), $8,000,000.
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1 (9) For the construction of the large anachoic

2 chamber facility at the Patuxent River Naval War3 fare Center, Aircraft Division, Maryland, authorized

4 by section 2201(a) of the Military Construction Au5 thorization Act for Fiscal Year 1993 (division B of

6 Public Law 102–484; 106 Stat. 2590), $10,000,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2201 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a).

14 (c) ADJUSTMENT.—The total amount authorized to

15 be appropriated pursuant to paragraphs (1) through (9)

16 of subsection (a) is the sum of the amounts authorized

17 to be appropriated in such paragraphs, reduced by

18 $12,000,000, which represents the combination of project

19 savings resulting from favorable bids, reduced overhead

20 costs, and cancellations due to force structure changes.

21 SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION,

22 NORTH ISLAND, CALIFORNIA.

23 (a) COST-SHARING AGREEMENT.—With regard to

24 the portion of the military construction project for Naval

25 Air Station, North Island, California, authorized by sec-
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1 tion 2201(a) and involving on-shore and near-shore beach

2 replenishment, the Secretary of the Navy shall endeavor

3 to enter into an agreement with the State of California

4 and local governments in the vicinity of the project, under

5 which the State and local governments agree to cover not

6 less than 50 percent of the cost incurred by the Secretary

7 to carry out the beach replenishment portion of the

8 project.

9 (b) ACTIVITIES PENDING AGREEMENT.—The Sec10 retary shall not delay commencement of, or activities

11 under, the construction project described in subsection (a),

12 including the beach replenishment portion of the project,

13 pending the execution of the cost-sharing agreement, ex14 cept that, within amounts appropriated for the project,

15 Federal expenditures may not exceed $9,630,000 for

16 beach replenishment.

17 SEC. 2206. LEASE TO FACILITATE CONSTRUCTION OF RE18 SERVE CENTER, NAVAL AIR STATION, MERID19 IAN, MISSISSIPPI.

20 (a) LEASE OF PROPERTY FOR CONSTRUCTION OF

21 RESERVE CENTER.—(1) The Secretary of the Navy may

22 lease, without reimbursement, to the State of Mississippi

23 (in this section referred to as the ‘‘State’’), approximately

24 five acres of real property located at Naval Air Station,

25 Meridian, Mississippi. The State shall use the property to
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1 construct a reserve center of approximately 22,000 square

2 feet and ancillary supporting facilities.

3 (2) The term of the lease under this subsection shall

4 expire on the same date that the lease authorized by sub5 section (b) expires.

6 (b) LEASEBACK OF RESERVE CENTER.—(1) The

7 Secretary may lease from the State the property and im8 provements constructed pursuant to subsection (a) for a

9 five-year period. The term of the lease shall begin on the

10 date on which the improvements are available for occu11 pancy, as determined by the Secretary.

12 (2) Rental payments under the lease under paragraph

13 (1) may not exceed $200,000 per year, and the total

14 amount of the rental payments for the entire period may

15 not exceed 20 percent of the total cost of constructing the

16 reserve center and ancillary supporting facilities.

17 (3) Subject to the availability of appropriations for

18 this purpose, the Secretary may use funds appropriated

19 pursuant to an authorization of appropriations for the op20 eration and maintenance of the Naval Reserve to make

21 rental payments required under this subsection.

22 (c) EFFECT OF TERMINATION OF LEASES.—At the

23 end of the lease term under subsection (b), the State shall

24 convey, without reimbursement, to the United States all
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1 right, title, and interest of the State in the reserve center

2 and ancillary supporting facilities subject to the lease.

3 (d) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the leases under this section as

6 the Secretary considers appropriate to protect the inter7 ests of the United States.

8 TITLE XXIII—AIR FORCE

9 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

10 LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts

12 appropriated pursuant to the authorization of appropria13 tions in section 2304(a)(1), the Secretary of the Air Force

14 may acquire real property and carry out military construc15 tion projects for the installations and locations inside the

16 United States, and in the amounts, set forth in the follow17 ing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................. Maxwell Air Force Base ................... $7,875,000

Alaska .................................... Elmendorf Air Force Base ............... $21,530,000

Arizona .................................. Davis–Monthan Air Force Base ....... $9,920,000

Luke Air Force Base ........................ $6,700,000

Arkansas ................................ Little Rock Air Force Base .............. $18,105,000

California ............................... Beale Air Force Base ....................... $14,425,000

Edwards Air Force Base .................. $20,080,000

Travis Air Force Base ...................... $16,230,000

Vandenberg Air Force Base ............. $3,290,000

Colorado ................................ Buckley Air National Guard Base ... $17,960,000

Falcon Air Force Station ................. $2,095,000

Peterson Air Force Base .................. $20,720,000

United States Air Force Academy ... $12,165,000

Delaware ................................ Dover Air Force Base ...................... $7,980,000

Florida ................................... Eglin Air Force Base ....................... $4,590,000

Eglin Auxiliary Field 9 .................... $6,825,000

Patrick Air Force Base .................... $2,595,000

Tyndall Air Force Base .................... $3,600,000

Georgia .................................. Robins Air Force Base ..................... $22,645,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Idaho ..................................... Mountain Home Air Force Base ...... $15,845,000

Kansas ................................... McConnell Air Force Base ............... $15,580,000

Louisiana ............................... Barksdale Air Force Base ................ $4,890,000

Maryland ............................... Andrews Air Force Base .................. $5,990,000

Mississippi ............................. Keesler Air Force Base .................... $14,465,000

Nevada ................................... Indian Springs Air Force Auxiliary

Air Field ....................................... $4,690,000

New Jersey ............................ McGuire Air Force Base .................. $8,080,000

North Carolina ...................... Pope Air Force Base ........................ $5,915,000

Seymour Johnson Air Force Base ... $11,280,000

North Dakota ........................ Grand Forks Air Force Base ........... $12,470,000

Minot Air Force Base ...................... $3,940,000

Ohio ....................................... Wright–Patterson Air Force Base ... $7,400,000

Oklahoma .............................. Tinker Air Force Base ..................... $9,880,000

South Carolina ...................... Charleston Air Force Base ............... $37,410,000

Shaw Air Force Base ....................... $5,665,000

Tennessee .............................. Arnold Engineering Development

Center ........................................... $12,481,000

Texas ..................................... Brooks Air Force Base .................... $5,400,000

Dyess Air Force Base ...................... $12,295,000

Kelly Air Force Base ........................ $3,250,000

Lackland Air Force Base ................. $9,413,000

Sheppard Air Force Base ................. $9,400,000

Utah ...................................... Hill Air Force Base .......................... $3,690,000

Virginia .................................. Langley Air Force Base ................... $8,005,000

Washington ............................ Fairchild Air Force Base ................. $18,155,000

McChord Air Force Base ................. $57,065,000

Wyoming ................................ F. E. Warren Air Force Base .......... $3,700,000

Total ......................................... $525,684,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................ Ramstein Air Force Base ................. $5,370,000

Spangdahlem Air Base ..................... $1,890,000

Italy ....................................... Aviano Air Base ............................... $10,060,000

Korea ..................................... Osan Air Base .................................. $9,780,000

Turkey ................................... Incirlik Air Base ............................... $7,160,000

United Kingdom .................... Croughton Royal Air Force Base ..... $1,740,000

Lakenheath Royal Air Force Base ... $17,525,000

Mildenhall Royal Air Force Base ..... $6,195,000
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Air Force: Outside the United States—Continued

Country Installation or location Amount

Overseas Classified ................ Classified Locations .......................... $18,395,000

Total ......................................... $78,115,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) at the installations, for the

7 purposes, and in the amounts set forth in the following

8 table:

Air Force: Family Housing

State Installation Purpose Amount

Alaska ....................... Eielson Air Force

Base.

72 Units ................ $21,127,000

Eielson Air Force

Base.

Ancillary Facility ... $2,950,000

California .................. Beale Air Force Base 56 Units ................ $8,893,000

Los Angeles Air

Force Base.

25 Units ................ $6,425,000

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.

Ancillary Facility ... $2,430,000

Tyndall Air Force

Base.

42 Units ................ $6,000,000

Georgia ...................... Robins Air Force

Base ...................... 46 Units ................ $5,252,000

Louisiana .................. Barksdale Air Force

Base ...................... 80 Units ................ $9,570,000

Maryland ................... Hanscom Air Force

Base.

32 Units ................ $5,100,000

Missouri .................... Whiteman Air Force

Base ...................... 68 Units ................ $9,600,000

Nevada ...................... Nellis Air Force Base 50 Units ................ $7,955,000

New Mexico ............... Kirtland Air Force

Base ...................... 50 Units ................ $5,450,000
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Air Force: Family Housing—Continued

State Installation Purpose Amount

North Dakota ............ Grand Forks Air

Force Base ............ 66 Units ................ $7,784,000

Minot Air Force Base 46 Units ................ $8,740,000

Texas ......................... Lackland Air Force

Base ...................... 132 Units .............. $11,500,000

Lackland Air Force

Base ...................... Ancillary Facility ... $800,000

Washington ............... McChord Air Force

Base ...................... 50 Units ................ $5,659,000

Total .............. $168,828,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,590,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(6)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $125,650,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September
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1 30, 1996, for military construction, land acquisition, and

2 military family housing functions of the Department of the

3 Air Force in the total amount of $1,823,456,000 as fol4 lows:

5 (1) For military construction projects inside the

6 United States authorized by section 2301(a),

7 $525,684,000.

8 (2) For military construction projects outside

9 the United States authorized by section 2301(b),

10 $78,115,000.

11 (3) For unspecified minor construction projects

12 authorized by section 2805 of title 10, United States

13 Code, $12,328,000.

14 (4) For architectural and engineering services

15 and construction design under section 2807 of title

16 10, United States Code, $47,387,000.

17 (5) For demolition of excess facilities under sec18 tion 2814 of title 10, United States Code, as added

19 by section 2802, $10,000,000.

20 (6) For military housing functions:

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military

23 family housing and facilities, $304,068,000.

24 (B) For support of military family housing

25 (including the functions described in section
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1 2833 of title 10, United States Code),

2 $840,474,000.

3 (7) For the construction of a corrosion control

4 facility at Tinker Air Force Base, Oklahoma, au5 thorized by section 2301(a) of the Military Construc6 tion Authorization Act for Fiscal Year 1996 (divi7 sion B of Public Law 104–106; 110 Stat. 530),

8 $5,400,000.

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and

12 any other cost variation authorized by law, the total cost

13 of all projects carried out under section 2301 of this Act

14 may not exceed the total amount authorized to be appro15 priated under paragraphs (1) and (2) of subsection (a).

16 TITLE XXIV—DEFENSE

17 AGENCIES

18 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC19 TION AND LAND ACQUISITION PROJECTS.

20 (a) INSIDE THE UNITED STATES.—Using amounts

21 appropriated pursuant to the authorization of appropria22 tions in section 2406(a)(1), and, in the case of the projects

23 described in paragraphs (2) and (3) of section 2406(b),

24 other amounts appropriated pursuant to authorizations

25 enacted after this Act for such projects, the Secretary of
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1 Defense may acquire real property and carry out military

2 construction projects for the installations and locations in3 side the United States, and in the amounts, set forth in

4 the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization

Program ............................. Pueblo Chemical Activity, Colorado $179,000,000

Defense Finance & Accounting Service ......................... Charleston, South Carolina .............. $6,200,000

Gentile Air Force Station, Ohio ....... $11,400,000

Griffiss Air Force Base, New York $10,200,000

Loring Air Force Base, Maine ......... $6,900,000

Naval Training Center, Orlando,

Florida .......................................... $2,600,000

Norton Air Force Base, California $13,800,000

Offutt Air Force Base, Nebraska .... $7,000,000

Rock Island Arsenal, Illinois ............ $14,400,000

Defense Intelligence Agency Bolling Air Force Base, District of

Columbia ....................................... $6,790,000

Defense Logistics Agency ...... Altus Air Force Base, Oklahoma ..... $3,200,000

Andrews Air Force Base, Maryland $12,100,000

Barksdale Air Force Base, Louisiana ................................................ $4,300,000

Defense Construction Supply Center, Columbus, Ohio ..................... $600,000

Defense Distribution, San Diego,

California ...................................... $15,700,000

Elmendorf Air Force Base, Alaska $18,000,000

McConnell Air Force Base, Kansas $2,200,000

Naval Air Facility, El Centro, California ............................................ $5,700,000

Naval Air Station, Fallon, Nevada $2,100,000

Naval Air Station, Oceana, Virginia $1,500,000

Shaw Air Force Base, South Carolina ................................................ $2,900,000

Travis Air Force Base, California .... $15,200,000

Defense Medical Facility Office ..................................... Andrews Air Force Base, Maryland $15,500,000

Charleston Air Force Base, South

Carolina ........................................ $1,300,000

Fort Bliss, Texas .............................. $6,600,000

Fort Bragg, North Carolina ............. $11,400,000

Fort Hood, Texas ............................. $1,950,000

Marine Corps Base, Camp Pendleton, California .............................. $3,300,000

Maxwell Air Force Base, Alabama ... $25,000,000

Naval Air Station, Key West, Florida ................................................. $15,200,000

Naval Air Station, Norfolk, Virginia $1,250,000

Naval Air Station, Lemoore, California ................................................. $38,000,000

Special Operations Command Fort Bragg, North Carolina ............. $14,000,000

Fort Campbell, Kentucky ................. $4,200,000

MacDill Air Force Base, Florida ..... $9,600,000

Naval Amphibious Base, Coronado,

California ...................................... $7,700,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Naval Station, Ford Island, Pearl

Harbor, Hawaii ............................ $12,800,000

Total ......................................... $509,590,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2406(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency ...... Moron Air Base, Spain .................... $12,958,000

Naval Air Station, Sigonella, Italy ... $6,100,000

Defense Medical Facility Office ..................................... Administrative Support Unit, Bahrain, Bahrain ................................ $4,600,000

Total ......................................... $23,658,000

8 SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.

9 Using amounts appropriated pursuant to the author10 ization of appropriation in section 2406(a)(14)(A), the

11 Secretary of Defense may carry out architectural and en12 gineering services and construction design activities with

13 respect to the construction or improvement of military

14 family housing units in an amount not to exceed

15 $500,000.
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1 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriation in section 2406(a)(14)(A),

6 the Secretary of Defense may improve existing military

7 family housing units in an amount not to exceed

8 $3,871,000.

9 SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.

10 (a) AVAILABILITY OF FUNDS FOR CREDIT TO FAM11 ILY HOUSING IMPROVEMENT FUND.—(1) Of the amount

12 authorized to be appropriated pursuant to section

13 2406(a)(14)(C), $35,000,000 shall be available for credit

14 to the Department of Defense Family Housing Improve15 ment Fund established by section 2883(a)(1) of title 10,

16 United States Code.

17 (2) Of the amount authorized to be appropriated pur18 suant to section 2406(a)(14)(D), $10,000,000 shall be

19 available for credit to the Department of Defense Military

20 Unaccompanied Housing Improvement Fund established

21 by section 2883(a)(2) of such title.

22 (b) USE OF FUNDS.—(1) The Secretary of Defense

23 may use funds credited to the Department of Defense

24 Family Housing Improvement Fund under subsection

25 (a)(1) to carry out any activities authorized by subchapter
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1 IV of chapter 169 of such title with respect to military

2 family housing.

3 (2) The Secretary of Defense may use funds credited

4 to the Department of Defense Military Unaccompanied

5 Housing Improvement Fund under subsection (a)(2) to

6 carry out any activities authorized by subchapter IV of

7 chapter 169 of such title with respect to military unaccom8 panied housing.

9 SEC. 2405. ENERGY CONSERVATION PROJECTS.

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2406(a)(12), the Sec12 retary of Defense may carry out energy conservation

13 projects under section 2865 of title 10, United States

14 Code.

15 SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DE16 FENSE AGENCIES.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 1996, for military construction, land acquisition, and

20 military family housing functions of the Department of

21 Defense (other than the military departments), in the total

22 amount of $3,431,670,000 as follows:

23 (1) For military construction projects inside the

24 United States authorized by section 2401(a),

25 $346,487,000.
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1 (2) For military construction projects outside

2 the United States authorized by section 2401(b),

3 $23,658,000.

4 (3) For military construction projects at Naval

5 Hospital, Portsmouth, Virginia, hospital replace6 ment, authorized by section 2401(a) of the Military

7 Construction Authorization Act for Fiscal Years

8 1990 and 1991 (division B of Public Law 101–189;

9 103 Stat. 1640), $24,000,000.

10 (4) For military construction projects at Walter

11 Reed Army Institute of Research, Maryland, hospital

12 replacement, authorized by section 2401(a) of the

13 Military Construction Authorization Act for Fiscal

14 Year 1993 (division B of Public Law 102–484; 106

15 Stat. 2599), $72,000,000.

16 (5) For military construction projects at Fort

17 Bragg, North Carolina, hospital replacement, au18 thorized by section 2401(a) of the Military Construc19 tion Authorization Act for Fiscal Year 1993 (106

20 Stat. 2599), $89,000,000.

21 (6) For military construction projects at Pine

22 Bluff Arsenal, Arkansas, authorized by section

23 2401(a) of the Military Construction Authorization

24 Act for Fiscal Year 1995 (division B of the Public

25 Law 103–337; 108 Stat. 3040), $46,000,000.
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1 (7) For military construction projects at

2 Umatilla Army Depot, Oregon, authorized by section

3 2401(a) of the Military Construction Authorization

4 Act for Fiscal Year 1995 (108 Stat. 3040),

5 $64,000,000.

6 (8) For military construction projects at De7 fense Finance and Accounting Service, Columbus,

8 Ohio, authorized by section 2401(a) of the Military

9 Construction Authorization Act of Fiscal Year 1996

10 (division B of Public Law 104–106; 110 Stat. 535),

11 $20,822,000.

12 (9) For contingency construction projects of the

13 Secretary of Defense under section 2804 of title 10,

14 United States Code, $16,874,000.

15 (10) For unspecified minor construction

16 projects under section 2805 of title 10, United

17 States Code, $9,500,000.

18 (11) For architectural and engineering services

19 and construction design under section 2807 of title

20 10, United States Code, $12,239,000.

21 (12) For energy conservation projects under

22 section 2865 of title 10, United States Code,

23 $47,765,000.

24 (13) For base closure and realignment activities

25 as authorized by the Defense Base Closure and Re-
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1 alignment Act of 1990 (part A of title XXIX of

2 Public Law 101–510; 10 U.S.C. 2687 note),

3 $2,507,476,000.

4 (14) For military family housing functions:

5 (A) For improvement and planning of mili6 tary family housing and facilities, $4,371,000.

7 (B) For support of military housing (in8 cluding functions described in section 2833 of

9 title 10, United States Code), $30,963,000, of

10 which not more than $25,637,000 may be obli11 gated or expended for the leasing of military

12 family housing units worldwide.

13 (C) For credit to the Department of De14 fense Family Housing Improvement Fund as

15 authorized by section 2404(a)(1) of this Act,

16 $35,000,000.

17 (D) For credit to the Department of De18 fense Military Unaccompanied Housing Im19 provement Fund as authorized by section

20 2404(a)(2) of this Act, $10,000,000.

21 (E) For the Homeowners Assistance Pro22 gram as authorized by section 2832 of title 10,

23 United States Code, $36,181,000, to remain

24 available until expended.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variation author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variations authorized by law, the total cost

5 of all projects carried out under section 2401 of this Act

6 may not exceed—

7 (1) the total amount authorized to be appro8 priated under paragraphs (1) and (2) of subsection

9 (a);

10 (2) $161,503,000 (the balance of the amount

11 authorized under section 2401(a) of this Act for the

12 construction of a chemical demilitarization facility at

13 Pueblo Army Depot, Colorado); and

14 (3) $1,600,000 (the balance of the amount au15 thorized under section 2401(a) of this Act for the

16 construction of a replacement facility for the medical

17 and dental clinic, Key West Naval Air Station, Flor18 ida).
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1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 The Secretary of Defense may make contributions for

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10,

10 United States Code, in an amount not to exceed the sum

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States.

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

16 Funds are hereby authorized to be appropriated for

17 fiscal years beginning after September 30, 1996, for con18 tributions by the Secretary of Defense under section 2806

19 of title 10, United States Code, for the share of the United

20 States of the cost of projects for the North Atlantic Treaty

21 Security Investment Program as authorized by section

22 2501, in the amount of $177,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1996, for the costs

7 of acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve

9 Forces, and for contributions therefor, under chapter

10 1803 of title 10, United States Code (including the cost

11 of acquisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $41,316,000; and

16 (B) for the Army Reserve, $50,159,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $33,169,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $118,394,000; and

22 (B) for the Air Force Reserve,

23 $51,655,000.
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1 SEC. 2602. NAMING OF RANGE AT CAMP SHELBY, MIS2 SISSIPPI.

3 (a) NAME.—The Multi Purpose Range Complex

4 (Heavy) at Camp Shelby, Mississippi, shall after the date

5 of the enactment of this Act be known and designated as

6 the ‘‘G.V. (Sonny) Montgomery Range’’. Any reference to

7 such range in any law, regulation, map, document, record,

8 or other paper of the United States shall be considered

9 to be a reference to the G. V. (Sonny) Montgomery Range.

10 (b) EFFECTIVE DATE.—Subsection (a) shall take ef11 fect at noon on January 3, 1997, or the first day on which

12 G. V. (Sonny) Montgomery otherwise ceases to be a Mem13 ber of the House of Representatives.

14 TITLE XXVII—EXPIRATION AND

15 EXTENSION OF AUTHORIZA16 TIONS

17 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

18 AMOUNTS REQUIRED TO BE SPECIFIED BY

19 LAW.

20 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

21 YEARS.—Except as provided in subsection (b), all author22 izations contained in titles XXI through XXVI for military

23 construction projects, land acquisition, family housing

24 projects and facilities, and contributions to the North At25 lantic Treaty Organization Infrastructure program (and
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1 authorizations of appropriations therefor) shall expire on

2 the later of—

3 (1) October 1, 1999; or

4 (2) the date of the enactment of an Act author5 izing funds for military construction for fiscal year

6 2000.

7 (b) EXCEPTION.—Subsection (a) shall not apply to

8 authorizations for military construction projects, land ac9 quisition, family housing projects and facilities, and con10 tributions to the North Atlantic Treaty Organization In11 frastructure program (and authorizations of appropria12 tions therefor), for which appropriated funds have been

13 obligated before the later of—

14 (1) October 1, 1999; or

15 (2) the date of the enactment of an Act author16 izing funds for fiscal year 2000 for military con17 struction projects, land acquisition, family housing

18 projects and facilities, or contributions to the North

19 Atlantic Treaty Organization Infrastructure pro20 gram.

21 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

22 FISCAL YEAR 1994 PROJECTS.

23 (a) EXTENSIONS.—Notwithstanding section 2701 of

24 the Military Construction Authorization Act for Fiscal

25 Year 1994 (division B of Public Law 103–160; 107 Stat.
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1 1880), authorizations for the projects set forth in the ta2 bles in subsection (b), as provided in section 2101, 2102,

3 2201, 2301, or 2601 of that Act, shall remain in effect

4 until October 1, 1997, or the date of the enactment of

5 an Act authorizing funds for military construction for fis6 cal year 1998, whichever is later.

7 (b) TABLES.—The tables referred to in subsection (a)

8 are as follows:

Army: Extension of 1994 Project Authorizations

State Installation or location Project Amount

New Jersey ................... Picatinny Arsenal ........ Advance Warhead Development Facility ............ $4,400,000

North Carolina ............. Fort Bragg .................. Land Acquisition .............. $15,000,000

Wisconsin ..................... Fort McCoy ................. Family Housing Construction (16

units) ........... $2,950,000

Navy: Extension of 1994 Project Authorizations

State or Location Installation or location Project Amount

California .................. Camp Pendleton Marine Corps Base .... Sewage Facility ..... $7,930,000

Connecticut ............... New London Naval

Submarine Base .... Hazardous Waste

Transfer Facility $1,450,000

New Jersey ............... Earle Naval Weapons

Station .................. Explosives Holding

Yard ................... $1,290,000

Virginia ..................... Oceana Naval Air

Station .................. Jet Engine Test

Cell Replacement $5,300,000

Various Locations ..... Various Locations ..... Land Acquisition

Inside the United

States ................. $540,000

Various Locations ..... Various Locations ..... Land Acquisition

Outside the United States ............ $800,000
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Air Force: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alaska ....................... Eielson Air Force

Base.

Upgrade Water

Treatment Plant $3,750,000

Elmendorf Air Force

Base ...................... Corrosion Control

Facility .............. $5,975,000

California .................. Beale Air Force Base Educational Center $3,150,000

Florida ...................... Tyndall Air Force

Base.

Base Supply Logistics Center ......... $2,600,000

Mississippi ................. Keesler Air Force

Base.

Upgrade Student

Dormitory .......... $4,500,000

North Carolina .......... Pope Air Force Base Add To and Alter

Dormitories ........ $4,300,000

Virginia ..................... Langley Air Force

Base ...................... Fire Station ........... $3,850,000

Army National Guard: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alabama .................... Birmingham .............. Aviation Support

Facility .............. $4,907,000

Arizona ...................... Marana ..................... Organizational

Maintenance

Shop ................... $553,000

Marana ..................... Dormitory/Dining

Facility .............. $2,919,000

California .................. Fresno ....................... Organizational

Maintenance

Shop Modification .................... $905,000

Van Nuys .................. Armory Addition ... $6,518,000

New Mexico ............... White Sands Missile

Range .................... Organizational

Maintenance

Shop ................... $2,940,000

Tactical Site .......... $1,995,000

MATES ................. $3,570,000

Pennsylvania ............. Indiantown Gap ........ State Military

Building ............. $9,200,000

Johnstown ................. Armory Addition/

Flight Facility ... $5,004,000

Johnstown ................. Armory .................. $3,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1993 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1993 (division B of Public Law 102–484; 106 Stat.

6 2602), authorizations for the projects set forth in the ta-
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1 bles in subsection (b), as provided in section 2101, 2301,

2 or 1601 of that Act and extended by section 2702 of the

3 Military Construction Authorization Act for Fiscal Year

4 1996 (division B of Public Law 104–106; 110 Stat. 541),

5 shall remain in effect until October 1, 1997, or the date

6 of the enactment of an Act authorizing funds for military

7 construction for fiscal year 1998, whichever is later.

8 (b) TABLES.—The tables referred to in subsection (a)

9 are as follows:

Army: Extension of 1993 Project Authorization

State Installation or location Project Amount

Arkansas ....................... Pine Bluff Arsenal ....... Ammunition

Demilitarization Support

Facility ........ $15,000,000

Air Force: Extension of 1993 Project Authorization

Country Installation or location Project Amount

Portugal ........................ Lajes Field ................... Water Wells .... $865,000

Army National Guard: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

Alabama ....................... Tuscaloosa ................... Armory ............ $2,273,000

Union Springs .............. Armory ............ $813,000

10 SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN

11 FISCAL YEAR 1992 PROJECTS.

12 (a) EXTENSIONS.—Notwithstanding section 2701 of

13 the Military Construction Authorization Act for Fiscal

14 Year 1992 (division B of Public Law 102–190; 105 Stat.

15 1535), authorizations for the projects set forth in the table

16 in subsection (b), as provided in section 2201 of that Act
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1 and extended by section 2702(a) of the Military Construc2 tion Authorization Act for Fiscal Year 1995 (division B

3 of Public Law 103–337; 108 Stat. 3047) and section

4 2703(a) of the Military Construction Authorization Act

5 for Fiscal Year 1996 (division B of Public Law 104–106;

6 110 Stat. 543), shall remain in effect until October 1,

7 1997, or the date of the enactment of an Act authorizing

8 funds for military construction for fiscal year 1998, which9 ever is later.

10 (b) TABLE.—The table referred to in subsection (a)

11 is as follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Oregon .......................... Umatilla Army Depot Ammunition

Demilitarization Support

Facility ........ $3,600,000

Umatilla Army Depot Ammunition

Demilitarization Utilities $7,500,000

12 SEC. 2705. EFFECTIVE DATE.

13 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

14 shall take effect on the later of—

15 (1) October 1, 1996; or

16 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 and Military Family Housing

5 SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECU6 RITY INVESTMENT PROGRAM.

7 (a) CHANGE IN REFERENCE TO EARLIER PRO8 GRAM.—(1) Section 2806(b) of title 10, United States

9 Code, is amended by striking out ‘‘North Atlantic Treaty

10 Organization Infrastructure program’’ and inserting in

11 lieu thereof ‘‘North Atlantic Treaty Organization Security

12 Investment Program’’.

13 (2) Section 2861(b)(3) of such title is amended by

14 striking out ‘‘North Atlantic Treaty Organization Infra15 structure program’’ and inserting in lieu thereof ‘‘North

16 Atlantic Treaty Organization Security Investment Pro17 gram’’.

18 (b) CLERICAL AMENDMENTS.—(1) The heading of

19 section 2806 of such title is amended to read as follows:

20 ‘‘§ 2806. Contributions for North Atlantic Treaty Or21 ganization Security Investment Pro22 gram’’.

23 (2) The item relating to such section in the table of

24 sections at the beginning of subchapter I of chapter 169

25 of such title is amended to read as follows:
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‘‘2806. Contributions for North Atlantic Treaty Organization Security Investment Program.’’.

1 SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.

2 (a) DEMOLITION AUTHORIZED.—Subchapter I of

3 chapter 169 of title 10, United States Code, is amended

4 by adding at the end the following new section:

5 ‘‘§ 2814. Demolition of excess facilities

6 ‘‘(a) DEMOLITION USING MILITARY CONSTRUCTION

7 APPROPRIATIONS.—Within an amount equal to 125 per8 cent of the amount appropriated for such purpose in the

9 military construction account, the Secretary concerned

10 may carry out the demolition of a facility on a military

11 installation when the facility is determined by the Sec12 retary concerned to be—

13 ‘‘(1) excess to the needs of the military depart14 ment or Defense Agency concerned; and

15 ‘‘(2) not suitable for reuse.

16 ‘‘(b) DEMOLITIONS USING OPERATIONS AND MAIN17 TENANCE FUNDS.—Using funds available to the Secretary

18 concerned for operation and maintenance, the Secretary

19 concerned may carry out a demolition project involving an

20 excess facility described in subsection (a), except that the

21 amount obligated on the project may not exceed the maxi22 mum amount authorized for a minor construction project

23 under section 2805(c)(1) of this title.
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1 ‘‘(c) ADVANCE APPROVAL OF CERTAIN PROJECTS.—

2 (1) A demolition project under this section that would cost

3 more than $500,000 may not be carried out under this

4 section unless approved in advance by the Secretary con5 cerned.

6 ‘‘(2) When a decision is made to demolish a facility

7 covered by paragraph (1), the Secretary concerned shall

8 submit a report in writing to the appropriate committees

9 of Congress on that decision. Each such report shall in10 clude—

11 ‘‘(A) the justification for the demolition and the

12 current estimate of its costs, and

13 ‘‘(B) the justification for carrying out the

14 project under this section.

15 ‘‘(3) The demolition project may be carried out only

16 after the end of the 21-day period beginning on the date

17 the notification is received by such committees.

18 ‘‘(d) CERTAIN PROJECTS PROHIBITED.—(1) A demo19 lition project involving military family housing may not be

20 carried out under the authority of this section.

21 ‘‘(2) A demolition project required as a result of a

22 base closure action authorized by title II of the Defense

23 Authorization Amendments and Base Closure and Re24 alignment Act (Public Law 100–526; 10 U.S.C. 2687

25 note) or the Defense Base Closure and Realignment Act
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1 of 1990 (part A of title XXIX of Public Law 101–510;

2 10 U.S.C. 2687 note) may not be carried out under the

3 authority of this section.

4 ‘‘(3) A demolition project required as a result of envi5 ronmental contamination shall be carried out under the

6 authority of the environmental restoration program under

7 section 2701(b)(3) of this title.

8 ‘‘(e) DEMOLITION INCLUDED IN SPECIFIC MILITARY

9 CONSTRUCTION PROJECT.—Nothing in this section is in10 tended to preclude the inclusion of demolition of facilities

11 as an integral part of a specific military construction

12 project when the demolition is required for accomplish13 ment of the intent of that construction project.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such subchapter is amended by adding

16 at the end the following new item:

‘‘2814. Demolition of excess facilities.’’.

17 SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.

18 (a) AUTHORIZED IMPROVEMENTS.—Subsection

19 (a)(2) of section 2825 of title 10, United States Code, is

20 amended—

21 (1) by inserting ‘‘major’’ before ‘‘maintenance’’;

22 and

23 (2) by adding at the end the following: ‘‘Such

24 term does not include day-to-day maintenance and

25 repair.’’.
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1 (b) LIMITATION.—Subsection (b) of such is amended

2 by striking out paragraph (2) and inserting in lieu thereof

3 the following new paragraph:

4 ‘‘(2) In determining the applicability of the limitation

5 contained in paragraph (1), the Secretary concerned shall

6 include as part of the cost of the improvement the follow7 ing:

8 ‘‘(A) The cost of major maintenance or repair

9 work (excluding day-to-day maintenance and repair)

10 undertaken in connection with the improvement.

11 ‘‘(B) Any cost, beyond the five-foot line of a

12 housing unit, in connection with—

13 ‘‘(i) the furnishing of electricity, gas,

14 water, and sewage disposal;

15 ‘‘(ii) the construction or repair of roads,

16 drives, and walks; and

17 ‘‘(iii) grading and drainage work.’’.

18 Subtitle B—Defense Base Closure

19 and Realignment

20 SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN

21 INTRAGOVERNMENT TRANSFERS UNDER 1988

22 BASE CLOSURE LAW.

23 Section 204(b)(2) of the Defense Authorization

24 Amendments and Base Closure and Realignment Act
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1 (Public Law 100–526; 10 U.S.C. 2687 note), is amend2 ed—

3 (1) by redesignating subparagraphs (D) and

4 (E) as subparagraphs (E) and (F), respectively; and

5 (2) by inserting after subparagraph (C) the fol6 lowing new subparagraph:

7 ‘‘(D) The Secretary of Defense may transfer real

8 property or facilities located at a military installation to

9 be closed or realigned under this title, with or without re10 imbursement, to a military department or other entity (in11 cluding a nonappropriated fund instrumentality) within

12 the Department of Defense or the Coast Guard.’’.

13 SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FA14 CILITIES REMAINING ON CLOSED INSTALLA15 TIONS.

16 (a) 1988 LAW.—Section 204(b)(8)(A) of the Defense

17 Authorization Amendments and Base Closure and Re18 alignment Act (title II of Public Law 100–526; 10 U.S.C.

19 2687 note), is amended by inserting ‘‘or at facilities re20 maining on installations closed under this title’’ after

21 ‘‘under this title’’.

22 (b) 1990 LAW.—Section 2905(b)(8)(A) of the De23 fense Base Closure and Realignment Act of 1990 (part

24 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

25 note), is amended by inserting ‘‘or at facilities remaining
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1 on installations closed under this part’’ after ‘‘under this

2 part’’.

3 SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MAN4 UFACTURED HOUSING.

5 (a) 1988 LAW.—Section 204 of the Defense Author6 ization Amendments and Base Closure and Realignment

7 Act (title II of Public Law 100–526; 10 U.S.C. 2687

8 note), is amended by adding at the end the following new

9 subsection:

10 ‘‘(f) ACQUISITION OF MANUFACTURED HOUSING.—

11 (1) In closing or realigning any military installation under

12 this title, the Secretary may purchase any or all right,

13 title, and interest of a member of the Armed Forces and

14 any spouse of the member in manufactured housing lo15 cated at a manufactured housing park established at an

16 installation closed or realigned under this title, or make

17 a payment to the member to relocate the manufactured

18 housing to a suitable new site, if the Secretary determines

19 that—

20 ‘‘(A) it is in the best interests of the Federal

21 Government to eliminate or relocate the manufac22 tured housing park; and

23 ‘‘(B) the elimination or relocation of the manu24 factured housing park would result in an unreason-
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1 able financial hardship to the owners of the manu2 factured housing.

3 ‘‘(2) Any payment made under this subsection shall

4 not exceed 90 percent of the purchase price of the manu5 factured housing, as paid by the member or any spouse

6 of the member, plus the cost of any permanent improve7 ments subsequently made to the manufactured housing by

8 the member or spouse of the member.

9 ‘‘(3) The Secretary shall dispose of manufactured

10 housing acquired under this subsection through resale, do11 nation, trade or otherwise within one year of acquisition.’’.

12 (b) 1990 LAW.—Section 2905 of the Defense Base

13 Closure and Realignment Act of 1990 (part A of title

14 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(g) ACQUISITION OF MANUFACTURED HOUSING.—

18 (1) In closing or realigning any military installation under

19 this part, the Secretary may purchase any or all right,

20 title, and interest of a member of the Armed Forces and

21 any spouse of the member in manufactured housing lo22 cated at a manufactured housing park established at an

23 installation closed or realigned under this part, or make

24 a payment to the member to relocate the manufactured
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1 housing to a suitable new site, if the Secretary determines

2 that—

3 ‘‘(A) it is in the best interests of the Federal

4 Government to eliminate or relocate the manufac5 tured housing park; and

6 ‘‘(B) the elimination or relocation of the manu7 factured housing park would result in an unreason8 able financial hardship to the owners of the manu9 factured housing.

10 ‘‘(2) Any payment made under this subsection shall

11 not exceed 90 percent of the purchase price of the manu12 factured housing, as paid by the member or any spouse

13 of the member, plus the cost of any permanent improve14 ments subsequently made to the manufactured housing by

15 the member or spouse of the member.

16 ‘‘(3) The Secretary shall dispose of manufactured

17 housing acquired under this subsection through resale, do18 nation, trade or otherwise within one year of acquisition.’’.

19 SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUST20 MENT AND DIVERSIFICATION ASSISTANCE IS

21 AUTHORIZED.

22 Section 2391(b)(5) of title 10, United States Code,

23 is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and
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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) The Secretary of Defense may also make

4 grants, conclude cooperative agreements, and supplement

5 other Federal funds in order to assist a State in enhancing

6 its capacities—

7 ‘‘(i) to assist communities, businesses, and

8 workers adversely affected by an action described in

9 paragraph (1);

10 ‘‘(ii) to support local adjustment and diver11 sification initiatives; and

12 ‘‘(iii) to stimulate cooperation between state13 wide and local adjustment and diversification ef14 forts.’’.

15 SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED

16 UNDER CERCLA IN CONNECTION WITH

17 LORING AIR FORCE BASE, MAINE.

18 From amounts in the Department of Defense Base

19 Closure Account 1990 established by section 2906(a)(1)

20 of the Defense Base Closure and Realignment Act of 1990

21 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

22 2687 note), the Secretary of Defense may expend not

23 more than $50,000 to pay stipulated civil penalties as24 sessed under the Comprehensive Environmental Response,
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1 Compensation, and Liability Act of 1980 (42 U.S.C. 9601

2 et seq.) against Loring Air Force Base, Maine.

3 SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR

4 DISPOSAL OF MISSISSIPPI ARMY AMMUNI5 TION PLANT.

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of the Army shall submit

8 to Congress a plan for the utilization, reutilization, or dis9 posal of the Mississippi Army Ammunition Plant, Han10 cock County, Mississippi.

11 Subtitle C—Land Conveyances

12 PART I—ARMY CONVEYANCES

13 SEC. 2821. TRANSFER AND EXCHANGE OF JURISDICTION,

14 ARLINGTON NATIONAL CEMETERY, ARLING15 TON, VIRGINIA.

16 (a) TRANSFER OF CERTAIN SECTION 29 LANDS.—

17 (1) The Secretary of the Interior shall transfer to the Sec18 retary of the Army administrative jurisdiction over the fol19 lowing lands located in section 29 of the unit of the Na20 tional Park System known as Arlington National Ceme21 tery, Virginia:

22 (A) The lands known as the Arlington National

23 Cemetery Interment Zone.

24 (B) The lands known as the Robert E. Lee Me25 morial Preservation Zone, except those lands in the
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1 preservation zone that the Secretary of the Interior

2 determines to retain because of the historical signifi3 cance of the lands.

4 (2) The transfer of lands under paragraph (1) shall

5 be carried out in accordance with the Interagency Agree6 ment entered into by the Secretary of the Army and the

7 Secretary of the Interior on February 22, 1995.

8 (b) EXCHANGE OF ADDITIONAL LAND.—(1) The Sec9 retary of the Interior shall transfer to the Secretary of

10 the Army administrative jurisdiction over a parcel of land,

11 including any improvements thereon, consisting of ap12 proximately 2.43 acres, located in the Memorial Drive en13 trance area to Arlington National Cemetery.

14 (2) In exchange for the transfer under paragraph (1),

15 the Secretary of the Army shall transfer to the Secretary

16 of the Interior administrative jurisdiction over a parcel of

17 land, including any improvements thereon, consisting of

18 approximately 0.17 acres, located at Arlington National

19 Cemetery, and known as the Old Administrative Building

20 site. The Secretary of the Army shall grant to the Sec21 retary of the Interior a perpetual right of ingress and

22 egress to the parcel transferred this paragraph.

23 (c) LEGAL DESCRIPTION.—The exact acreage and

24 legal descriptions of the lands to be transferred pursuant

25 to this section shall be determined by surveys satisfactory
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1 to the Secretary of the Interior and the Secretary of the

2 Army. The costs of the surveys shall be borne by the Sec3 retary of the Army.

4 SEC. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER,

5 RUSHVILLE, INDIANA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Army may convey, without consideration, to the City

8 of Rushville, Indiana (in this section referred to as the

9 ‘‘City’’), all right, title, and interest of the United States

10 in and to a parcel of excess real property, including im11 provements thereon, that is located in Rushville, Indiana,

12 and contains the Rushville Army Reserve Center.

13 (b) CONDITION OF CONVEYANCE.—The conveyance

14 authorized under subsection (a) shall be subject to the

15 condition that the City retain the conveyed property for

16 the use and benefit of the Rushville Police Department.

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. The cost of the survey shall be

21 borne by the City.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 ANDERSON, SOUTH CAROLINA.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Army may convey, without consideration, to the Coun7 ty of Anderson, South Carolina (in this section referred

8 to as the ‘‘County’’), all right, title, and interest of the

9 United States in and to a parcel of real property, including

10 improvements thereon, that is located at 805 East

11 Whitner Street in Anderson, South Carolina, and contains

12 an Army Reserve Center.

13 (b) CONDITION OF CONVEYANCE.—The conveyance

14 authorized under subsection (a) shall be subject to the

15 condition that the County retain the conveyed property for

16 the use and benefit of the Anderson County Department

17 of Education.

18 (c) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the real property to be conveyed

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary. The cost of the survey shall be

22 borne by the County.

23 (d) ADDITIONAL TERMS AND CONDITIONS.—The

24 Secretary may require such additional terms and condi25 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 2824. REAFFIRMATION OF LAND CONVEYANCES, FORT

4 SHERIDAN, ILLINOIS.

5 As soon as practicable after the date of the enactment

6 of this Act, the Secretary of the Army shall complete the

7 land conveyances involving Fort Sheridan, Illinois, re8 quired or authorized under section 125 of the Military

9 Construction Appropriations Act, 1996 (Public Law 104–

10 32; 109 Stat. 290).

11 PART II—NAVY CONVEYANCES

12 SEC. 2831. RELEASE OF CONDITION ON RECONVEYANCE OF

13 TRANSFERRED LAND, GUAM.

14 (a) IN GENERAL.—Section 818(b)(2) of the Military

15 Construction Authorization Act, 1981 (Public Law 96–

16 418; 94 Stat. 1782), relating to a condition on disposal

17 by Guam of lands conveyed to Guam by the United States,

18 shall have no force or effect and is repealed.

19 (b) EXECUTION OF INSTRUMENTS.—The Secretary

20 of the Navy and the Administrator of General Services

21 shall execute all instruments necessary to implement this

22 section.
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1 SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK

2 NAVAL SHIPYARD, VIRGINIA.

3 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

4 of the Navy may convey to such private person as the Sec5 retary considers appropriate (in this section referred to as

6 the ‘‘transferee’’) all right, title, and interest of the United

7 States in and to a parcel of real property that is located

8 at the Norfolk Naval Shipyard, Virginia, and, as of the

9 date of the enactment of this Act, is a portion of the prop10 erty leased to the Norfolk Shipbuilding and Drydock Com11 pany pursuant to the Department of the Navy lease

12 N00024–84–L–0004, effective October 1, 1984, as ex13 tended.

14 (2) Pending completion of the conveyance authorized

15 by paragraph (1), the Secretary may lease the real prop16 erty to the transferee upon such terms as the Secretary

17 considers appropriate.

18 (b) CONSIDERATION.—As consideration for the con19 veyance under subsection (a), including any interim lease

20 authorized by such subsection, the transferee shall—

21 (1) convey to the United States all right, title,

22 and interest to a parcel or parcels of real property,

23 together with any improvements thereon, located in

24 the area of Portsmouth, Virginia, which are deter25 mined to be acceptable to the Secretary; and
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1 (2) pay to the Secretary an amount equal to the

2 amount, if any, by which the fair market value of

3 the parcel conveyed by the Secretary under sub4 section (a) exceeds the fair market value of the par5 cel conveyed to the United States under paragraph

6 (1).

7 (c) USE OF RENTAL AMOUNTS.—The Secretary may

8 use the amounts received as rent from any lease entered

9 into under the authority of subsection (a)(2) to fund envi10 ronmental studies of the parcels of real property to be con11 veyed under this section.

12 (d) IN-KIND CONSIDERATION.—The Secretary and

13 the transferee may agree that, in lieu of all or any part

14 of the consideration required by subsection (b)(2), the

15 transferee may provide and the Secretary may accept the

16 improvement, maintenance, protection, repair, or restora17 tion of real property under the control of the Secretary

18 in the area of Hampton Roads, Virginia.

19 (e) DETERMINATION OF FAIR MARKET VALUE AND

20 PROPERTY DESCRIPTION.—The Secretary shall determine

21 the fair market value of the parcels of real property to

22 be conveyed under subsections (a) and (b)(1). The exact

23 acreage and legal description of the parcels shall be deter24 mined by a survey satisfactory to the Secretary. The cost

25 of the survey shall be borne by the transferee.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyances under this section as

4 the Secretary considers appropriate to protect the inter5 ests of the United States.

6 SEC. 2833. LAND CONVEYANCE, CALVERTON PINE

7 BARRENS, NAVAL WEAPONS INDUSTRIAL RE8 SERVE PLANT, CALVERTON, NEW YORK.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of

10 the Navy may convey, without consideration, to the De11 partment of Environmental Conservation of the State of

12 New York (in this section referred to as the ‘‘Depart13 ment’’), all right, title, and interest of the United States

14 in and to the Calverton Pine Barrens located at the Naval

15 Weapons Industrial Reserve Plant, Calverton, New York.

16 (b) EFFECT ON OTHER CONVEYANCE AUTHORITY.—

17 The conveyance authorized by this subsection shall not af18 fect the transfer of jurisdiction of a portion of the

19 Calverton Pine Barrens authorized by section 2865 of the

20 Military Construction Authorization Act for Fiscal Year

21 1996 (division B of Public Law 104–106; 110 Stat. 576).

22 (c) CONDITION OF CONVEYANCE.—The conveyance

23 under subsection (a) shall be subject to the condition that

24 the Department agree—
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1 (1) to maintain the conveyed property as a na2 ture preserve, as required by section 2854 of the

3 Military Construction Authorization Act for Fiscal

4 Year 1993 (division B of Public Law 102–484; 106

5 Stat. 2626), as amended by section 2823 of the Mili6 tary Construction Authorization Act for Fiscal Year

7 1995 (division B of Public Law 103–337; 108 Stat.

8 3058);

9 (2) to designate the conveyed property as the

10 ‘‘Otis G. Pike Preserve’’; and

11 (3) to continue to allow the level of sporting ac12 tivities on the conveyed property as permitted at the

13 time of the conveyance.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be

18 borne by the Department.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.

24 (f) CALVERTON PINE BARRENS DEFINED.—In this

25 section, the term ‘‘Calverton Pine Barrens’’ has the mean-
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1 ing given that term in section 2854(d)(1) of the Military

2 Construction Authorization Act for Fiscal Year 1993 (di3 vision B of Public Law 102–484; 106 Stat. 2626).

4 PART III—AIR FORCE CONVEYANCES

5 SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COM6 PLEX, HOLLOMAN AIR FORCE BASE, NEW

7 MEXICO.

8 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

9 any other provision of law, the Secretary of the Air Force

10 may dispose of all right, title, and interest of the United

11 States in and to the primate research complex at

12 Holloman Air Force Base, New Mexico. The conveyance

13 may include the colony of chimpanzees owned by the Air

14 Force that are housed at or managed from the primate

15 research complex. The conveyance may not include the

16 real property on which the primate research complex is

17 located.

18 (b) COMPETITIVE PROCEDURES REQUIRED.—The

19 Secretary shall use competitive procedures in making the

20 conveyance authorized by subsection (a).

21 (c) CARE AND USE STANDARDS.—As part of the so22 licitation of bids for the conveyance authorized by sub23 section (a), the Secretary shall develop standards for the

24 care and use of the primate research complex, and of

25 chimpanzees. The Secretary shall develop the standards
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1 in consultation with the Secretary of Agriculture and the

2 Director of the National Institutes of Health.

3 (d) CONDITIONS OF CONVEYANCE.—The conveyance

4 authorized by subsection (a) shall be subject to the

5 followings conditions:

6 (1) That the recipient of the primate research

7 complex—

8 (A) utilize any chimpanzees included in the

9 conveyance for scientific research or medical re10 search purposes; or

11 (B) retire and provide adequate care for

12 such chimpanzees.

13 (2) That the recipient of the primate research

14 complex assume from the Secretary any leases at the

15 primate research complex that are in effect at the

16 time of the conveyance.

17 (e) DESCRIPTION OF COMPLEX.—The exact legal de18 scription of the primate research complex to be conveyed

19 under subsection (a) shall be determined by a survey or

20 other means satisfactory to the Secretary. The cost of any

21 survey or other services performed at the direction of the

22 Secretary under the authority in the preceding sentence

23 shall be borne by the recipient of the primate research

24 complex.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under subsection (a) as

4 the Secretary considers appropriate to protect the inter5 ests of the United States.

6 SEC. 2842. LAND CONVEYANCE, RADAR BOMB SCORING

7 SITE, BELLE FOURCHE, SOUTH DAKOTA.

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of

9 the Air Force may convey, without consideration, to the

10 Belle Fourche School District, Belle Fourche, South Da11 kota (in this section referred to as the ‘‘District’’), all

12 right, title, and interest of the United States in and to

13 a parcel of real property, together with any improvements

14 thereon, consisting of approximately 37 acres located in

15 Belle Fourche, South Dakota, which has served as the lo16 cation of a support complex and housing facilities for De17 tachment 21 of the 554th Range Squadron, an Air Force

18 Radar Bomb Scoring Site located in Belle Fourche, South

19 Dakota. The conveyance may not include any portion of

20 the radar bomb scoring site located in the State of Wyo21 ming.

22 (b) CONDITION OF CONVEYANCE.—The conveyance

23 authorized under subsection (a) shall be subject to the

24 condition that the District—
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1 (1) use the property and facilities conveyed

2 under such subsection for education, economic devel3 opment, and housing purposes; or

4 (2) enter into an agreement with an appro5 priate public or private entity to sell or lease the

6 property and facilities to such entity for such pur7 poses.

8 (c) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the property conveyed under this

10 section shall be determined by a survey satisfactory to the

11 Secretary. The cost of the survey shall be borne by the

12 District.

13 (d) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary may require such additional terms and condi15 tions in connection with the conveyance under this section

16 as the Secretary considers appropriate to protect the inter17 ests of the United States.

18 PART IV—OTHER CONVEYANCES

19 SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST

20 SITE, MISSISSIPPI.

21 (a) TRANSFER.—The Secretary of Energy may con22 vey, without compensation, to the State of Mississippi (in

23 this section referred to as the ‘‘State’’) the property known

24 as the Tatum Salt Dome Test Site, as generally depicted
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1 on the map of the Department of Energy numbered

2 301913.104.02 and dated June 25, 1993.

3 (b) CONDITION ON CONVEYANCE.—The conveyance

4 under this section shall be subject to the condition that

5 the State use the conveyed property as a wilderness area

6 and working demonstration forest.

7 (c) DESIGNATION.—The property to be conveyed is

8 hereby designated as the ‘‘Jamie Whitten Wilderness

9 Area’’.

10 (d) RETAINED RIGHTS.—The conveyance under this

11 section shall be subject to each of the following rights to

12 be retained by the United States:

13 (1) Retention by the United States of the sub14 surface estate below a specified depth. The specified

15 depth shall be 1000 feet below sea level unless a

16 lesser depth is agreed upon by the Secretary and the

17 State.

18 (2) Retention by the United States of rights of

19 access, by easement or otherwise, for such purposes

20 as the Secretary considers appropriate, including ac21 cess to monitoring wells for sampling.

22 (3) Retention by the United States of the right

23 to install wells additional to those identified in the

24 remediation plan for the property to the extent such

25 additional wells are considered necessary by the Sec-
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1 retary to monitor potential pathways of contaminant

2 migration. Such wells shall be in such locations as

3 specified by the Secretary.

4 (e) ADDITIONAL TERMS AND CONDITIONS.—The

5 Secretary may require such additional terms and condi6 tions in connection with the conveyance under this section

7 as the Secretary determines appropriate to protect the in8 terests of the United States.

9 SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL

10 BEARING PLANT, ROLLA, NORTH DAKOTA.

11 (a) AUTHORITY TO CONVEY.—The Administrator of

12 General Services may convey, without consideration, to the

13 Job Development Authority of the City of Rolla, North

14 Dakota (in this section referred to as the ‘‘Authority’’),

15 all right, title, and interest of the United States in and

16 to a parcel of real property, with improvements thereon

17 and all associated personal property, consisting of approxi18 mately 9.77 acres and comprising the William Langer

19 Jewel Bearing Plant in Rolla, North Dakota.

20 (b) CONDITION OF CONVEYANCE.—The conveyance

21 authorized under subsection (a) shall be subject to the

22 condition that the Authority—

23 (1) use the real and personal property and im24 provements conveyed under that subsection for eco-
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1 nomic development relating to the jewel bearing

2 plant;

3 (2) enter into an agreement with an appro4 priate public or private entity or person to lease

5 such property and improvements to that entity or

6 person for such economic development; or

7 (3) enter into an agreement with an appro8 priate public or private entity or person to sell such

9 property and improvements to that entity or person

10 for such economic development.

11 (c) PREFERENCE FOR DOMESTIC DISPOSAL OF

12 JEWEL BEARINGS.—(1) In offering to enter into agree13 ments pursuant to any provision of law for the disposal

14 of jewel bearings from the National Defense Stockpile, the

15 President shall give a right of first refusal on all such of16 fers to the Authority or to the appropriate public or pri17 vate entity or person with which the Authority enters into

18 an agreement under subsection (b).

19 (2) For the purposes of this section, the term ‘‘Na20 tional Defense Stockpile’’ means the stockpile provided for

21 in section 4 of the Strategic and Critical Materials Stock

22 Piling Act (50 U.S.C. 98(c)).

23 (d) AVAILABILITY OF FUNDS FOR MAINTENANCE

24 AND CONVEYANCE OF PLANT.—Notwithstanding any

25 other provision of law, funds available in fiscal year 1995
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1 for the maintenance of the William Langer Jewel Bearing

2 Plant in Public Law 103–335 shall be available for the

3 maintenance of that plant in fiscal year 1996, pending

4 conveyance, and for the conveyance of that plant under

5 this section.

6 (e) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the property conveyed under this

8 section shall be determined by a survey satisfactory to the

9 Administrator. The cost of the survey shall be borne by

10 the Administrator.

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The Ad12 ministrator may require such additional terms and condi13 tions in connection with the conveyance under this section

14 as the Administrator determines appropriate to protect

15 the interests of the United States.

16 Subtitle D—Other Matters

17 SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.

18 Section 2668(a) of title 10, United States Code, is

19 amended—

20 (1) by striking out ‘‘and’’ at the end of para21 graph (9);

22 (2) by redesignating paragraph (10) as para23 graph (12);
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1 (3) in paragraph (12), as so redesignated, by

2 striking out ‘‘or by the Act of March 4, 1911 (43

3 U.S.C. 961)’’; and

4 (4) by inserting after paragraph (9) the follow5 ing new paragraph:

6 ‘‘(10) poles and lines for the transmission and

7 distribution of electrical power;

8 ‘‘(11) poles and lines for communication pur9 poses, and for radio, television, and other forms of

10 communication transmitting, relay, and receiving

11 structures and facilities; and’’.

12 SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE

13 AGREEMENTS FOR THE MANAGEMENT OF

14 CULTURAL RESOURCES ON MILITARY IN15 STALLATIONS.

16 (a) AGREEMENTS AUTHORIZED.—Chapter 159 of

17 title 10, United States Code, is amended by inserting after

18 section 2683 the following new section:

19 ‘‘§ 2684. Cooperative agreements for management of

20 cultural resources

21 ‘‘(a) AUTHORITY.—The Secretary of Defense or the

22 Secretary of a military department may enter into a coop23 erative agreement with a State, local government, or other

24 entity for the preservation, management, maintenance,

25 and improvement of cultural resources on military instal-
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1 lations and for the conducting of research regarding the

2 cultural resources. Activities under the cooperative agree3 ment shall be subject to the availability of funds to carry

4 out the cooperative agreement.

5 ‘‘(b) APPLICATION OF OTHER LAWS.—Section 1535

6 and chapter 63 of title 31 shall not apply to a cooperative

7 agreement entered into under this section.

8 ‘‘(c) CULTURAL RESOURCE DEFINED.—In this sec9 tion, the term ‘cultural resource’ means any of the follow10 ing:

11 ‘‘(1) Any building, structure, site, district, or

12 object included in or eligible for inclusion in the Na13 tional Register of Historic Places under section 101

14 of the National Historic Preservation Act (16 U.S.C.

15 470a).

16 ‘‘(2) Cultural items, as defined in section 2(3)

17 of the Native American Graves Protection and Repa18 triation Act (25 U.S.C. 3001(3)).

19 ‘‘(3) An archaeological resource, as defined in

20 section 3(1) of the Archaeological Resources Protec21 tion Act of 1979 (16 U.S.C. 470bb(1)).

22 ‘‘(4) Archaeological artifact collections and as23 sociated records, as defined in section 79 of title 36,

24 Code of Federal Regulations.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 2683 the following new

4 item:

‘‘2684. Cooperative agreements for management of cultural resources.’’.

5 SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION

6 AND OPERATION OF ELECTRIC POWER DIS7 TRIBUTION SYSTEM AT YOUNGSTOWN AIR

8 RESERVE STATION, OHIO.

9 (a) AUTHORITY.—The Secretary of the Air Force

10 may carry out a demonstration project to assess the fea11 sibility and advisability of permitting private entities to

12 install, operate, and maintain electric power distribution

13 systems at military installations. The Secretary shall carry

14 out the demonstration project through an agreement

15 under subsection (b).

16 (b) AGREEMENT.—(1) In order to carry out the dem17 onstration project, the Secretary shall enter into an agree18 ment with an electric utility or other company in the

19 Youngstown, Ohio, area, consistent with State law, under

20 which the utility or company installs, operates, and main21 tains (in a manner satisfactory to the Secretary and the

22 utility or company) an electric power distribution system

23 at Youngstown Air Reserve Station, Ohio.

24 (2) The Secretary may not enter into an agreement

25 under this subsection until—
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1 (A) the Secretary submits to the congressional

2 defense committees a report on the agreement to be

3 entered into, including the costs to be incurred by

4 the United States under the agreement; and

5 (B) a period of 30 days has elapsed from the

6 date of the receipt of the report by the committees.

7 (c) LICENSES AND EASEMENTS.—In order to facili8 tate the installation, operation, and maintenance of the

9 electric power distribution system under the agreement

10 under subsection (b), the Secretary may grant the utility

11 or company with which the Secretary enters into the

12 agreement such licenses, easements, and rights-of-way,

13 consistent with State law, as the Secretary and the utility

14 or company jointly determine necessary for such purposes.

15 (d) OWNERSHIP OF SYSTEM.—The agreement be16 tween the Secretary and the utility or company under sub17 section (b) may provide that the utility or company shall

18 own the electric power distribution system installed under

19 the agreement.

20 (e) RATE.—The rate charged by the utility or com21 pany for providing and distributing electric power at

22 Youngstown Air Reserve Station through the electric

23 power distribution system installed under the agreement

24 under subsection (b) shall be the rate established by the

25 appropriate Federal or State regulatory authority.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in the agreement under subsection (b) as the Secretary

4 considers appropriate to protect the interests of the Unit5 ed States.

6 SEC. 2864. DESIGNATION OF MICHAEL O’CALLAGHAN MILI7 TARY HOSPITAL.

8 (a) DESIGNATION.—The Nellis Federal Hospital, a

9 Federal building located at 4700 North Las Vegas Boule10 vard, Las Vegas, Nevada, shall be known and designated

11 as the ‘‘Michael O’Callaghan Military Hospital’’.

12 (b) REFERENCES.—Any reference in a law, map, reg13 ulation, document, paper, or other record of the United

14 States to the Federal building referred to in subsection

15 (a) shall be deemed to be a reference to the ‘‘Michael

16 O’Callaghan Military Hospital’’.

17 TITLE XXIX—MILITARY LAND

18 WITHDRAWALS

19 Subtitle A—Fort Carson-Pinon

20 Canyon Military Lands Withdrawal

21 SEC. 2901. SHORT TITLE.

22 This subtitle may be cited as the ‘‘Fort Carson-Pinon

23 Canyon Military Lands Withdrawal Act’’.
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1 SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT

2 FORT CARSON MILITARY RESERVATION.

3 (a) WITHDRAWAL.—Subject to valid existing rights

4 and except as otherwise provided in this subtitle, the lands

5 at the Fort Carson Military Reservation, Colorado, that

6 are described in subsection (c) are hereby withdrawn from

7 all forms of appropriation under the public land laws, in8 cluding the mining laws, the mineral and geothermal leas9 ing laws, and the mineral materials disposal laws.

10 (b) RESERVATION.—The lands withdrawn under sub11 section (a) are reserved for use by the Secretary of the

12 Army—

13 (1) for military maneuvering, training and

14 weapons firing; and

15 (2) for other defense related purposes consist16 ent with the uses specified in paragraph (1).

17 (c) LAND DESCRIPTION.—The lands referred to in

18 subsection (a) comprise 3,133.02 acres of public land and

19 11,415.16 acres of federally-owned minerals in El Paso,

20 Pueblo, and Fremont Counties, Colorado, as generally de21 picted on the map entitled ‘‘Fort Carson Proposed With22 drawal—Fort Carson Base’’, dated February 6, 1992, and

23 published in accordance with section 4.
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1 SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT

2 PINON CANYON MANEUVER SITE.

3 (a) WITHDRAWAL.—Subject to valid existing rights

4 and except as otherwise provided in this subtitle, the lands

5 at the Pinon Canyon Maneuver Site, Colorado, that are

6 described in subsection (c) are hereby withdrawn from all

7 forms of appropriation under the public land laws, includ8 ing the mining laws, the mineral and geothermal leasing

9 laws, and the mineral materials disposal laws.

10 (b) RESERVATION.—The lands withdrawn under sub11 section (a) are reserved for use by the Secretary of the

12 Army—

13 (1) for military maneuvering and training; and

14 (2) for other defense related purposes consist15 ent with the uses specified in paragraph (1).

16 (c) LAND DESCRIPTION.—The lands referred to in

17 subsection (a) comprise 2,517.12 acres of public lands and

18 130,139 acres of federally-owned minerals in Las Animas

19 County, Colorado, as generally depicted on the map enti20 tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson

21 Maneuver Area—Pinon Canyon site’’, dated February 6,

22 1992, and published in accordance with section 2904.

23 SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.

24 (a) PREPARATION OF MAPS AND LEGAL DESCRIP25 TION.—As soon as practicable after the date of the enact26 ment of this subtitle, the Secretary of the Interior shall
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1 prepare maps depicting the lands withdrawn and reserved

2 by this subtitle and publish in the Federal Register a no3 tice containing the legal description of such lands.

4 (b) LEGAL EFFECT.—Such maps and legal descrip5 tions shall have the same force and effect as if they were

6 included in this subtitle, except that the Secretary of the

7 Interior may correct clerical and typographical errors in

8 such maps and legal descriptions.

9 (c) AVAILABILITY OF MAPS AND LEGAL DESCRIP10 TION.—Copies of such maps and legal descriptions shall

11 be available for public inspection in the offices of the Colo12 rado State Director and the Canon City District Manager

13 of the Bureau of Land Management and in the offices of

14 the Commander of Fort Carson, Colorado.

15 (d) COSTS.—The Secretary of the Army shall reim16 burse the Secretary of the Interior for the costs of imple17 menting this section.

18 SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.

19 (a) MANAGEMENT GUIDELINES.—

20 (1) MANAGEMENT BY SECRETARY OF THE

21 ARMY.—Except as provided in section 6, during the

22 period of withdrawal, the Secretary of the Army

23 shall manage for military purposes the lands covered

24 by this subtitle and may authorize use of the lands

25 by the other military departments and agencies of
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1 the Department of Defense, and the National

2 Guard, as appropriate.

3 (2) ACCESS RESTRICTIONS.—When military op4 erations, public safety, or national security, as deter5 mined by the Secretary of the Army, require the clo6 sure of roads and trails on the lands withdrawn by

7 this subtitle commonly in public use, the Secretary

8 of the Army is authorized to take such action, except

9 that such closures shall be limited to the minimum

10 areas and periods required for the purposes specified

11 in this subsection. Appropriate warning notices shall

12 be kept posted during closures.

13 (3) SUPPRESSION OF FIRES.—The Secretary of

14 the Army shall take necessary precautions to prevent

15 and suppress brush and range fires occurring within

16 and outside the lands as a result of military activi17 ties and may seek assistance from the Bureau of

18 Land Management in suppressing such fires. The

19 memorandum of understanding required by this sec20 tion shall provide for Bureau of Land Management

21 assistance in the suppression of such fires, and for

22 a transfer of funds from the Department of the

23 Army to the Bureau of Land Management as com24 pensation for such assistance.

25 (b) MANAGEMENT PLAN.—
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1 (1) DEVELOPMENT REQUIRED.—The Secretary

2 of the Army, with the concurrence of the Secretary

3 of the Interior, shall develop a plan for the manage4 ment of acquired lands and lands withdrawn under

5 sections 2902 and 2903 for the period of with6 drawal. The plan shall—

7 (A) be consistent with applicable law;

8 (B) include such provisions as may be nec9 essary for proper resource management and

10 protection of the natural, cultural, and other re11 sources and values of such lands; and

12 (C) identify those withdrawn and acquired

13 lands, if any, which are to be open to mining

14 or mineral and geothermal leasing, including

15 mineral materials disposal.

16 (2) TIME FOR DEVELOPMENT.—The manage17 ment plan required by this subsection shall be devel18 oped not later than 5 years after the date of the en19 actment of this subtitle.

20 (c) IMPLEMENTATION OF MANAGEMENT PLAN.—

21 (1) MEMORANDUM OF UNDERSTANDING RE22 QUIRED.—The Secretary of the Army and the Sec23 retary of the Interior shall enter into a memoran24 dum of understanding to implement the manage25 ment plan developed under subsection (b).
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1 (2) DURATION.—The duration of any such

2 memorandum of understanding shall be the same as

3 the period of withdrawal specified in section 8(a).

4 (3) AMENDMENT.—The memorandum of under5 standing may be amended by agreement of both Sec6 retaries.

7 (d) USE OF CERTAIN RESOURCES.—The Secretary of

8 the Army is authorized to utilize sand, gravel, or similar

9 mineral or mineral material resources from the lands with10 drawn by this subtitle when the use of such resources is

11 required for construction needs of the Fort Carson Res12 ervation or Pinon Canyon Maneuver Site.

13 SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED

14 MINERAL RESOURCES.

15 Except as provided in section 2905(d), the Secretary

16 of the Interior shall manage all withdrawn and acquired

17 mineral resources within the boundaries of the Fort Car18 son Military Reservation and Pinon Canyon Maneuver

19 Site in the same manner as provided in section 12 of the

20 Military Lands Withdrawal Act of 1986 (Public Law 99–

21 606; 100 Stat. 3466) for mining and mineral leasing on

22 certain lands withdrawn by that Act from all forms of ap23 propriation under the public land laws.
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1 SEC. 2907. HUNTING, FISHING, AND TRAPPING.

2 All hunting, fishing, and trapping on the lands with3 drawn and reserved by this subtitle shall be conducted in

4 accordance with section 2671 of title 10, United States

5 Code.

6 SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVA7 TION.

8 (a) TERMINATION DATE.—The withdrawal and res9 ervation made by this subtitle shall terminate 15 years

10 after the date of the enactment of this subtitle.

11 (b) DETERMINATION OF CONTINUING MILITARY

12 NEED.—

13 (1) DETERMINATION REQUIRED.—At least

14 three years before the termination under subsection

15 (a) of the withdrawal and reservation established by

16 this subtitle, the Secretary of the Army shall advise

17 the Secretary of the Interior as to whether or not

18 the Department of the Army will have a continuing

19 military need for any of the lands after the termi20 nation date.

21 (2) METHOD OF MAKING DETERMINATION.—If

22 the Secretary of the Army concludes under para23 graph (1) that there will be a continuing military

24 need for any of the lands after the termination date

25 established by subsection (a), the Secretary of the

26 Army, in accordance with applicable law, shall—
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1 (A) evaluate the environmental effects of

2 renewal of such withdrawal and reservation;

3 (B) hold at least one public hearing in Col4 orado concerning such evaluation; and

5 (C) file, after completing the requirements

6 of subparagraphs (A) and (B), an application

7 for extension of the withdrawal and reservation

8 of such lands in accordance with the regulations

9 and procedures of the Department of the Inte10 rior applicable to the extension of withdrawals

11 for military uses.

12 (3) NOTIFICATION.—The Secretary of the Inte13 rior shall notify the Congress concerning a filing

14 under paragraph (3)(C).

15 (c) EARLY RELINQUISHMENT OF WITHDRAWAL.—If

16 the Secretary of the Army concludes under subsection (b)

17 that before the termination date established by subsection

18 (a) there will be no military need for all or any part of

19 the lands withdrawn and reserved by this subtitle, or if,

20 during the period of withdrawal, the Secretary of the

21 Army otherwise decides to relinquish any or all of the

22 lands withdrawn and reserved under this subtitle, the Sec23 retary of the Army shall file with the Secretary of the Inte24 rior a notice of intention to relinquish such lands.
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1 (d) ACCEPTANCE OF LANDS PROPOSED FOR RELIN2 QUISHMENT.—Notwithstanding any other provision of

3 law, the Secretary of the Interior, upon deciding that it

4 is in the public interest to accept jurisdiction over the

5 lands proposed for relinquishment, may revoke the with6 drawal and reservation established by this subtitle as it

7 applies to the lands proposed for relinquishment. Should

8 the decision be made to revoke the withdrawal and res9 ervation, the Secretary of the Interior shall publish in the

10 Federal Register an appropriate order which shall—

11 (1) terminate the withdrawal and reservation;

12 (2) constitute official acceptance of full jurisdic13 tion over the lands by the Secretary of the Interior;

14 and

15 (3) state the date upon which the lands will be

16 opened to the operation of the public land laws, in17 cluding the mining laws if appropriate.

18 SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINA19 TION AND EFFECT OF CONTAMINATION.

20 (a) DETERMINATION OF PRESENCE OF CONTAMINA21 TION.—

22 (1) BEFORE RELINQUISHMENT NOTICE.—Be23 fore filing a relinquishment notice under section

24 2908(c), the Secretary of the Army shall prepare a

25 written determination as to whether and to what ex-
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1 tent the lands to be relinquished are contaminated

2 with explosive, toxic, or other hazardous materials. A

3 copy of the determination made by the Secretary of

4 the Army shall be supplied with the relinquishment

5 notice. Copies of both the relinquishment notice and

6 the determination under this subsection shall be

7 published in the Federal Register by the Secretary

8 of the Interior.

9 (2) UPON TERMINATION OF WITHDRAWAL.—At

10 the expiration of the withdrawal period made by this

11 Act, the Secretary of the Interior shall determine

12 whether and to what extent the lands withdrawn by

13 this subtitle are contaminated to an extent which

14 prevents opening such contaminated lands to oper15 ation of the public land laws.

16 (b) PROGRAM OF DECONTAMINATION.—

17 (1) IN GENERAL.—Throughout the duration of

18 the withdrawal and reservation made by this sub19 title, the Secretary of the Army, to the extent funds

20 are made available, shall maintain a program of de21 contamination of the lands withdrawn by this sub22 title at least at the level of effort carried out during

23 fiscal year 1992.

24 (2) DECONTAMINATION OF LANDS TO BE RE25 LINQUISHED.—In the case of lands subject to a re-
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1 linquishment notice under section 2908(c) that are

2 contaminated, the Secretary of the Army shall de3 contaminate the land to the extent that funds are

4 appropriated for such purpose if the Secretary of the

5 Interior, in consultation with the Secretary of the

6 Army, determines that—

7 (A) decontamination of the lands is prac8 ticable and economically feasible, taking into

9 consideration the potential future use and value

10 of the land; and

11 (B) upon decontamination, the land could

12 be opened to the operation of some or all of the

13 public land laws, including the mining laws.

14 (c) AUTHORITY OF SECRETARY OF THE INTERIOR TO

15 REFUSE CONTAMINATED LANDS.—The Secretary of the

16 Interior shall not be required to accept lands proposed for

17 relinquishment if the Secretary of the Army and the Sec18 retary of the Interior conclude that—

19 (1) decontamination of any or all of the lands

20 proposed for relinquishment is not practicable or

21 economically feasible;

22 (2) the lands cannot be decontaminated suffi23 ciently to allow them to be opened to the operation

24 of the public land laws; or
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1 (3) insufficient funds are appropriated for the

2 purpose of decontaminating the lands.

3 (d) EFFECT OF CONTINUED CONTAMINATION.—If

4 the Secretary of the Interior declines under subsection (c)

5 to accept jurisdiction of lands proposed for relinquishment

6 or if the Secretary of the Interior determines under sub7 section (a)(2) that some of the lands withdrawn by this

8 subtitle are contaminated to an extent that prevents open9 ing the contaminated lands to operation of the public land

10 laws—

11 (1) the Secretary of the Army shall take appro12 priate steps to warn the public of the contaminated

13 state of such lands and any risks associated with

14 entry onto such lands;

15 (2) after the expiration of the withdrawal, the

16 Secretary of the Army shall undertake no activities

17 on such lands except in connection with decon18 tamination of such lands; and

19 (3) the Secretary of the Army shall report to

20 the Secretary of the Interior and to the Congress

21 concerning the status of such lands and all actions

22 taken under paragraphs (1) and (2).

23 (e) EFFECT OF SUBSEQUENT DECONTAMINATION.—

24 If the lands described in subsection (d) are subsequently

25 decontaminated, upon certification by the Secretary of the
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1 Army that the lands are safe for all nonmilitary uses, the

2 Secretary of the Interior shall reconsider accepting juris3 diction over the lands.

4 (f) EFFECT ON OTHER LAWS.—Nothing in this sub5 title shall affect, or be construed to affect, the obligations

6 of the Secretary of the Army, if any, to decontaminate

7 lands withdrawn by this subtitle pursuant to applicable

8 law, including the Comprehensive Environmental Re9 sponse Compensation and Liability Act of 1980 (42

10 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act

11 (42 U.S.C. 6901 et seq.).

12 SEC. 2910. DELEGATION.

13 The functions of the Secretary of the Army under

14 this subtitle may be delegated. The functions of the Sec15 retary of the Interior under this subtitle may be delegated,

16 except that the order referred to in section 2908(d) may

17 be approved and signed only by the Secretary of the Inte18 rior, the Deputy Secretary of the Interior, or an Assistant

19 Secretary of the Department of the Interior.

20 SEC. 2911. HOLD HARMLESS.

21 Any party conducting any mining, mineral, or geo22 thermal leasing activity on lands comprising the Fort Car23 son Reservation or Pinon Canyon Maneuver Site shall in24 demnify the United States against any costs, fees, dam25 ages, or other liabilities (including costs of litigation) in-
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1 curred by the United States and arising from or relating

2 to such mining activities, including costs of mineral mate3 rials disposal, whether arising under the Comprehensive

4 Environmental Response Compensation and Liability Act

5 of 1980, the Solid Waste Disposal Act, or otherwise.

6 SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL

7 ACT OF 1986.

8 (a) USE OF CERTAIN RESOURCES.—Section 3(f) of

9 the Military Lands Withdrawal Act of 1986 (Public Law

10 99–606; 100 Stat. 3461) is amended by adding at the end

11 the following new paragraph:

12 ‘‘(2) Subject to valid existing rights, the Secretary

13 of the military department concerned may utilize sand,

14 gravel, or similar mineral or material resources when the

15 use of such resources is required for construction needs

16 on the respective lands withdrawn by this Act.’’.

17 (b) TECHNICAL CORRECTION.—Section 9(b) of the

18 Military Lands Withdrawal Act of 1986 (Public Law 99–

19 606; 100 Stat. 3466) is amended by striking ‘‘section

20 7(f)’’ and inserting in lieu thereof ‘‘section 8(f)’’.

21 SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.

22 There are hereby authorized to be appropriated such

23 sums as may be necessary to carry out the purposes of

24 this subtitle.
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1 Subtitle B—El Centro Naval Air

2 Facility Ranges Withdrawal

3 SEC. 2921. SHORT TITLE AND DEFINITIONS.

4 (a) SHORT TITLE.—This subtitle may be cited as the

5 ‘‘El Centro Naval Air Facility Ranges Withdrawal Act’’.

6 (b) DEFINITIONS.—In this subtitle:

7 (1) The term ‘‘El Centro’’ means the Naval Air

8 Facility, El Centro, California.

9 (2) The term ‘‘cooperative agreement’’ means

10 the cooperative agreement entered into between the

11 Bureau of Land Management, the Bureau of Rec12 lamation, and the Department of the Navy, dated

13 June 29, 1987, with regard to the defense-related

14 uses of Federal lands to further the mission of El

15 Centro.

16 (3) The term ‘‘relinquishment notice’’ means a

17 notice of intention by the Secretary of the Navy

18 under section 2928(a) to relinquish, before the ter19 mination date specified in section 2925, the with20 drawal and reservation of certain lands withdrawn

21 under this subtitle.

22 SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR

23 EL CENTRO.

24 (a) WITHDRAWALS.—Subject to valid existing rights,

25 and except as otherwise provided in this subtitle, the Fed-
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1 eral lands utilized in the mission of the Naval Air Facility,

2 El Centro, California, that are described in subsection (c)

3 are hereby withdrawn from all forms of appropriation

4 under the public land laws, including the mining laws, but

5 not the mineral leasing or geothermal leasing laws or the

6 mineral materials sales laws.

7 (b) RESERVATION.—The lands withdrawn under sub8 section (a) are reserved for the use by the Secretary of

9 the Navy—

10 (1) for defense-related purposes in accordance

11 with the cooperative agreement; and

12 (2) subject to notice to the Secretary of the In13 terior under section 2924(e), for other defense-relat14 ed purposes determined by the Secretary of the

15 Navy.

16 (c) DESCRIPTION OF WITHDRAWN LANDS.—The

17 lands withdrawn and reserved under subsection (a) are—

18 (1) the Federal lands comprising approximately

19 46,600 acres in Imperial County, California, as gen20 erally depicted in part on a map entitled ‘‘Exhibit A,

21 Naval Air Facility, El Centro, California, Land Ac22 quisition Map, Range 2510 (West Mesa)’’ and dated

23 March 1993 and in part on a map entitled ‘‘Exhibit

24 B, Naval Air Facility, El Centro, California, Land
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1 Acquisition Map Range 2512 (East Mesa)’’ and

2 dated March 1993; and

3 (2) and all other areas within the boundaries of

4 such lands as depicted on such maps that may be5 come subject to the operation of the public land

6 laws.

7 SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.

8 (a) PUBLICATION AND FILING REQUIREMENTS.—As

9 soon as practicable after the date of the enactment of this

10 subtitle, the Secretary of the Interior shall—

11 (1) publish in the Federal Register a notice

12 containing the legal description of the lands with13 drawn and reserved under this subtitle; and

14 (2) file maps and the legal description of the

15 lands withdrawn and reserved under this subtitle

16 with the Committee on Energy and Natural Re17 sources of the Senate and with the Committee on

18 Resources of the House of Representatives.

19 (b) LEGAL EFFECT.—The maps and legal description

20 prepared under subsection (a) shall have the same force

21 and effect as if they were included in this subtitle, except

22 that the Secretary of the Interior may correct clerical and

23 typographical errors in the maps and legal description.
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1 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies

2 of the maps and legal description prepared under sub3 section (a) shall be available for public inspection in—

4 (1) the Office of the State Director, California

5 State Office of the Bureau of Land Management,

6 Sacramento, California;

7 (2) the Office of the District Manager, Califor8 nia Desert District of the Bureau of Land Manage9 ment, Riverside, California; and

10 (3) the Office of the Commanding Officer, Ma11 rine Corps Air Station, Yuma, Arizona.

12 (d) REIMBURSEMENT.—The Secretary of Navy shall

13 reimburse the Secretary of the Interior for the cost of im14 plementing this section.

15 SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.

16 (a) MANAGEMENT CONSISTENT WITH COOPERATIVE

17 AGREEMENT.—The lands and resources shall be managed

18 in accordance with the cooperative agreement, revised as

19 necessary to conform to the provisions of this subtitle. The

20 parties to the cooperative agreement shall review the coop21 erative agreement for conformance with this subtitle and

22 amend the cooperative agreement, if appropriate, within

23 120 days after the date of the enactment of this subtitle.

24 The term of the cooperative agreement shall be amended

25 so that its duration is at least equal to the duration of
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1 the withdrawal made by section 2925. The cooperative

2 agreement may be reviewed and amended by the managing

3 agencies as necessary.

4 (b) MANAGEMENT BY SECRETARY OF THE INTE5 RIOR.—

6 (1) GENERAL MANAGEMENT AUTHORITY.—Dur7 ing the period of withdrawal, the Secretary of the

8 Interior shall manage the lands withdrawn and re9 served under this subtitle pursuant to the Federal

10 Land Policy and Management Act of 1976 (43

11 U.S.C. 1701 et seq.) and other applicable laws, in12 cluding this subtitle.

13 (2) SPECIFIC AUTHORITIES.—To the extent

14 consistent with applicable laws, Executive orders,

15 and the cooperative agreement, the lands withdrawn

16 and reserved under this subtitle may be managed in

17 a manner permitting—

18 (A) protection of wildlife and wildlife habi19 tat;

20 (B) control of predatory and other ani21 mals;

22 (C) the prevention and appropriate sup23 pression of brush and range fires resulting from

24 nonmilitary activities; and
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1 (D) geothermal leasing and development

2 and related power production, mineral leasing

3 and development, and mineral material sales.

4 (3) EFFECT OF WITHDRAWAL.—The Secretary

5 of the Interior shall manage the lands withdrawn

6 and reserved under this subtitle, in coordination

7 with the Secretary of the Navy, such that all non8 military use of such lands, including the uses de9 scribed in paragraph (2), shall be subject to such

10 conditions and restrictions as may be necessary to

11 permit the military use of such lands for the pur12 poses specified in the cooperative agreement or au13 thorized pursuant to this subtitle.

14 (c) CERTAIN ACTIVITIES SUBJECT TO CONCURRENCE

15 OF NAVY.—The Secretary of the Interior may issue a

16 lease, easement, right-of-way, or other authorization with

17 respect to the nonmilitary use of the withdrawn lands only

18 with the concurrence of the Secretary of the Navy and

19 under the terms of the cooperative agreement.

20 (d) ACCESS RESTRICTIONS.—If the Secretary of the

21 Navy determines that military operations, public safety,

22 or national security require the closure to public use of

23 any road, trail, or other portion of the lands withdrawn

24 under this subtitle, the Secretary may take such action

25 as the Secretary determines necessary or desirable to ef-
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1 fect and maintain such closure. Any such closure shall be

2 limited to the minimum areas and periods which the Sec3 retary of the Navy determines are required to carry out

4 this subsection. Before and during any closure under this

5 subsection, the Secretary of the Navy shall keep appro6 priate warning notices posted and take appropriate steps

7 to notify the public concerning such closures.

8 (e) ADDITIONAL MILITARY USES.—Lands withdrawn

9 under this subtitle may be used for defense-related uses

10 other than those specified in the cooperative agreement.

11 The Secretary of the Navy shall promptly notify the Sec12 retary of the Interior in the event that the lands with13 drawn under this subtitle will be used for additional de14 fense-related purposes. Such notification shall indicate the

15 additional use or uses involved, the proposed duration of

16 such uses, and the extent to which such additional military

17 uses of the withdrawn lands will require that additional

18 or more stringent conditions or restrictions be imposed on

19 otherwise-permitted nonmilitary uses of all or any portion

20 of the withdrawn lands.

21 SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.

22 The withdrawal and reservation made under this sub23 title shall terminate 25 years after the date of the enact24 ment of this subtitle.
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1 SEC. 2926. CONTINUATION OF ONGOING DECONTAMINA2 TION ACTIVITIES.

3 Throughout the duration of the withdrawal and res4 ervation made under this subtitle, and subject to the avail5 ability of funds, the Secretary of the Navy shall maintain

6 a program of decontamination of the lands withdrawn

7 under this subtitle at least at the level of decontamination

8 activities performed on such lands in fiscal year 1995.

9 Such activities shall be subject to applicable laws, such

10 as the amendments made by the Federal Facility Compli11 ance Act of 1992 (Public Law 102–386; 106 Stat. 1505)

12 and the Defense Environmental Restoration Program es13 tablished under section 2701 of title 10, United States

14 Code.

15 SEC. 2927. REQUIREMENTS FOR EXTENSION.

16 (a) NOTICE OF CONTINUED MILITARY NEED.—Not

17 later than five years before the termination date specified

18 in section 2925, the Secretary of the Navy shall advise

19 the Secretary of the Interior as to whether or not the Navy

20 will have a continuing military need for any or all of the

21 lands withdrawn and reserved under this subtitle after the

22 termination date.

23 (b) APPLICATION FOR EXTENSION.—If the Secretary

24 of the Navy determines that there will be a continuing

25 military need for any or all of the withdrawn lands after

26 the termination date specified in section 2925, the Sec-
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1 retary of the Navy shall file an application for extension

2 of the withdrawal and reservation of the lands in accord3 ance with the then existing regulations and procedures of

4 the Department of the Interior applicable to extension of

5 withdrawal of lands for military purposes and that are

6 consistent with this subtitle. Such application shall be filed

7 with the Department of the Interior not later than four

8 years before the termination date.

9 (c) EXTENSION PROCESS.—The withdrawal and res10 ervation established by this subtitle may not be extended

11 except by an Act or Joint Resolution of Congress.

12 SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.

13 (a) FILING OF RELINQUISHMENT NOTICE.—If, dur14 ing the period of withdrawal and reservation specified in

15 section 2925, the Secretary of the Navy decides to relin16 quish all or any portion of the lands withdrawn and re17 served under this subtitle, the Secretary of the Navy shall

18 file a notice of intention to relinquish with the Secretary

19 of the Interior.

20 (b) DETERMINATION OF PRESENCE OF CONTAMINA21 TION.—Before transmitting a relinquishment notice under

22 subsection (a), the Secretary of the Navy, in consultation

23 with the Secretary of the Interior, shall prepare a written

24 determination concerning whether and to what extent the

25 lands to be relinquished are contaminated with explosive,
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1 toxic, or other hazardous wastes and substances. A copy

2 of such determination shall be transmitted with the relin3 quishment notice.

4 (c) DECONTAMINATION AND REMEDIATION.—In the

5 case of contaminated lands which are the subject of a re6 linquishment notice, the Secretary of the Navy shall de7 contaminate or remediate the land to the extent that funds

8 are appropriated for such purpose if the Secretary of the

9 Interior, in consultation with the Secretary of the Navy,

10 determines that—

11 (1) decontamination or remediation of the lands

12 is practicable and economically feasible, taking into

13 consideration the potential future use and value of

14 the land; and

15 (2) upon decontamination or remediation, the

16 land could be opened to the operation of some or all

17 of the public land laws, including the mining laws.

18 (d) DECONTAMINATION AND REMEDIATION ACTIVI19 TIES SUBJECT TO OTHER LAWS.—The activities of the

20 Secretary of the Navy under subsection (c) are subject to

21 applicable laws and regulations, including the Defense En22 vironmental Restoration Program established under sec23 tion 2701 of title 10, United States Code, the Comprehen24 sive Environmental Response Compensation and Liability
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1 Act of 1980 (42 U.S.C. 9601 et seq.), and the Solid Waste

2 Disposal Act (42 U.S.C. 6901 et seq.).

3 (e) AUTHORITY OF SECRETARY OF THE INTERIOR TO

4 REFUSE CONTAMINATED LANDS.—The Secretary of the

5 Interior shall not be required to accept lands specified in

6 a relinquishment notice if the Secretary of the Interior,

7 after consultation with the Secretary of the Navy, con8 cludes that—

9 (1) decontamination or remediation of any land

10 subject to the relinquishment notice is not prac11 ticable or economically feasible;

12 (2) the land cannot be decontaminated or reme13 diated sufficiently to be opened to operation of some

14 or all of the public land laws; or

15 (3) a sufficient amount of funds are not appro16 priated for the decontamination of the land.

17 (f) STATUS OF CONTAMINATED LANDS.—If, because

18 of the condition of the lands, the Secretary of the Interior

19 declines to accept jurisdiction of lands proposed for relin20 quishment or, if at the expiration of the withdrawal made

21 under this subtitle, the Secretary of the Interior deter22 mines that some of the lands withdrawn under this sub23 title are contaminated to an extent which prevents opening

24 such contaminated lands to operation of the public land

25 laws—
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1 (1) the Secretary of the Navy shall take appro2 priate steps to warn the public of the contaminated

3 state of such lands and any risks associated with

4 entry onto such lands;

5 (2) after the expiration of the withdrawal, the

6 Secretary of the Navy shall retain jurisdiction over

7 the withdrawn lands, but shall undertake no activi8 ties on such lands except in connection with the de9 contamination or remediation of such lands; and

10 (3) the Secretary of the Navy shall report to

11 the Secretary of the Interior and to the Congress

12 concerning the status of such lands and all actions

13 taken under paragraphs (1) and (2).

14 (g) SUBSEQUENT DECONTAMINATION OR REMEDI15 ATION.—If lands covered by subsection (f) are subse16 quently decontaminated or remediated and the Secretary

17 of the Navy certifies that the lands are safe for non18 military uses, the Secretary of the Interior shall reconsider

19 accepting jurisdiction over the lands.

20 (h) REVOCATION AUTHORITY.—Notwithstanding any

21 other provision of law, upon deciding that it is in the pub22 lic interest to accept jurisdiction over lands specified in

23 a relinquishment notice, the Secretary of the Interior may

24 revoke the withdrawal and reservation made under this

25 subtitle as it applies to such lands. If the decision be made
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1 to accept the relinquishment and to revoke the withdrawal

2 and reservation, the Secretary of the Interior shall publish

3 in the Federal Register an appropriate order which shall—

4 (1) terminate the withdrawal and reservation;

5 (2) constitute official acceptance of full jurisdic6 tion over the lands by the Secretary of the Interior;

7 and

8 (3) state the date upon which the lands will be

9 opened to the operation of the public land laws, in10 cluding the mining laws, if appropriate.

11 SEC. 2929. DELEGATION OF AUTHORITY.

12 (a) DEPARTMENT OF THE NAVY.—The functions of

13 the Secretary of the Navy under this subtitle may be dele14 gated.

15 (b) DEPARTMENT OF INTERIOR.—The functions of

16 the Secretary of the Interior under this subtitle may be

17 delegated, except that an order described in section

18 2928(h) may be approved and signed only by the Sec19 retary of the Interior, the Deputy Secretary of the Inte20 rior, or an Assistant Secretary of the Department of the

21 Interior.

22 SEC. 2930. HUNTING, FISHING, AND TRAPPING.

23 All hunting, fishing, and trapping on the lands with24 drawn under this subtitle shall be conducted in accordance

25 with section 2671 of title 10, United States Code.
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1 SEC. 2931. HOLD HARMLESS.

2 Any party conducting any mining, mineral, or geo3 thermal leasing activity on lands withdrawn and reserved

4 under this subtitle shall indemnify the United States

5 against any costs, fees, damages, or other liabilities (in6 cluding costs of litigation) incurred by the United States

7 and arising from or relating to such mining activities, in8 cluding costs of mineral materials disposal, whether aris9 ing under the Comprehensive Environmental Response

10 Compensation and Liability Act of 1980, the Solid Waste

11 Disposal Act, or otherwise.

12 DIVISION C—DEPARTMENT OF

13 ENERGY NATIONAL

14 SECURITY AUTHORIZATIONS

15 AND OTHER AUTHORIZATIONS

16 TITLE XXXI—DEPARTMENT OF

17 ENERGY NATIONAL SECURITY

18 PROGRAMS

19 Subtitle A—National Security

20 Programs Authorizations

21 SEC. 3101. WEAPONS ACTIVITIES.

22 (a) STOCKPILE STEWARDSHIP.—Funds are hereby

23 authorized to be appropriated to the Department of En24 ergy for fiscal year 1997 for stockpile stewardship in car25 rying out weapons activities necessary for national secu-
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1 rity programs in the amount of $1,676,767,000, to be allo2 cated as follows:

3 (1) For core stockpile stewardship,

4 $1,250,907,000 for fiscal year 1997, to be allocated

5 as follows:

6 (A) For operation and maintenance,

7 $1,162,570,000.

8 (B) For plant projects (including mainte9 nance, restoration, planning, construction, ac10 quisition, modification of facilities, and the con11 tinuation of projects authorized in prior years,

12 and land acquisition related thereto),

13 $88,337,000, to be allocated as follows:

14 Project 96–D–102, stockpile steward15 ship facilities revitalization, Phase VI, var16 ious locations, $19,250,000.

17 Project 96–D–103, ATLAS, Los Ala18 mos National Laboratory, Los Alamos,

19 New Mexico, $15,100,000.

20 Project 96–D–104, processing and en21 vironmental technology laboratory

22 (PETL), Sandia National Laboratories,

23 Albuquerque, New Mexico, $14,100,000.

24 Project 96–D–105, contained firing

25 facility addition, Lawrence Livermore Na-
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1 tional Laboratory, Livermore, California,

2 $17,100,000.

3 Project 95–D–102, Chemical and

4 Metallurgy Research Building upgrades

5 project, Los Alamos National Laboratory,

6 Los Alamos, New Mexico, $15,000,000.

7 Project 94–D–102, nuclear weapons

8 research, development, and testing facili9 ties revitalization, Phase V, various loca10 tions, $7,787,000.

11 (2) For inertial fusion, $366,460,000, to be al12 located as follows:

13 (A) For operation and maintenance,

14 $234,560,000.

15 (B) For plant projects (including mainte16 nance, restoration, planning, construction, ac17 quisition, modification of facilities, and the con18 tinuation of projects authorized in prior years,

19 and land acquisition related thereto),

20 $131,900,000 to be allocated as follows:

21 Project 96–D–111, national ignition

22 facility, TBD, $131,900,000.

23 (3) For technology transfer and education,

24 $59,400,000.
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1 (b) STOCKPILE MANAGEMENT.—Funds are hereby

2 authorized to be appropriated to the Department of En3 ergy for fiscal year 1997 for stockpile management in car4 rying out weapons activities necessary for national secu5 rity programs in the amount of $1,923,831,000, to be allo6 cated as follows:

7 (1) For operation and maintenance,

8 $1,829,470,000.

9 (2) For plant projects (including maintenance,

10 restoration, planning, construction, acquisition,

11 modification of facilities, and the continuation of

12 projects authorized in prior years, and land acquisi13 tion related thereto), $94,361,000, to be allocated as

14 follows:

15 Project 97–D–121, consolidation pit pack16 aging system, Pantex Plant, Amarillo, Texas,

17 $870,000.

18 Project 97–D–122, nuclear materials stor19 age facility renovation, LANL, Los Alamos,

20 New Mexico, $4,000,000.

21 Project 97–D–123, structural upgrades,

22 Kansas City Plant, Kansas City, Missouri,

23 $1,400,000.
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•HR 3230 EH

1 Project 97–D–124, steam plant wastewater

2 treatment facility upgrade, Y–12 plant, Oak

3 Ridge, Tennessee, $600,000.

4 Project 96–D–122, sewage treatment qual5 ity upgrade (STQU), Pantex Plant, Amarillo,

6 Texas, $100,000.

7 Project 96–D–123, retrofit HVAC and

8 chillers for ozone protection, Y–12 Plant, Oak

9 Ridge, Tennessee, $7,000,000.

10 Project 96–D–125, Washington measure11 ments operations facility, Andrews Air Force

12 Base, Camp Springs, Maryland, $3,825,000.

13 Project 95–D–122, sanitary sewer up14 grade, Y–12 Plant, Oak Ridge, Tennessee,

15 $10,900,000.

16 Project 94–D–124, hydrogen fluoride sup17 ply system, Y–12 Plant, Oak Ridge, Tennessee,

18 $4,900,000.

19 Project 94–D–125, upgrade life safety,

20 Kansas City Plant, Kansas City, Missouri,

21 $5,200,000.

22 Project 94–D–127, emergency notification

23 system, Pantex Plant, Amarillo, Texas,

24 $2,200,000.
608

•HR 3230 EH

1 Project 93–D–122, life safety upgrades,

2 Y–12 Plant, Oak Ridge, Tennessee,

3 $7,200,000.

4 Project 93–D–123, complex-21, various lo5 cations, $14,487,000.

6 Project 88–D–122, facilities capability as7 surance program, various locations,

8 $21,940,000.

9 Project 88–D–123, security enhancement,

10 Pantex Plant, Amarillo, Texas, $9,739,000.

11 (c) PROGRAM DIRECTION.—Funds are hereby au12 thorized to be appropriated to the Department of Energy

13 for fiscal year 1997 for program direction in carrying out

14 weapons activities necessary for national security pro15 grams in the amount of $334,404,000.

16 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

17 MANAGEMENT.

18 (a) ENVIRONMENTAL RESTORATION.—Subject to

19 subsection (i), funds are hereby authorized to be appro20 priated to the Department of Energy for fiscal year 1997

21 for environmental restoration in carrying out environ22 mental restoration and waste management activities nec23 essary for national security programs in the amount of

24 $1,812,194,000, of which $376,648,000 shall be allocated
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1 to the uranium enrichment decontamination and decom2 missioning fund.

3 (b) WASTE MANAGEMENT.—Subject to subsection

4 (i), funds are hereby authorized to be appropriated to the

5 Department of Energy for fiscal year 1997 for waste man6 agement in carrying out environmental restoration and

7 waste management activities necessary for national secu8 rity programs in the amount of $1,536,653,000, to be allo9 cated as follows:

10 (1) For operation and maintenance,

11 $1,448,326,000.

12 (2) For plant projects (including maintenance,

13 restoration, planning, construction, acquisition,

14 modification of facilities, and the continuation of

15 projects authorized in prior years, and land acquisi16 tion related thereto), $88,327,000, to be allocated as

17 follows:

18 Project 97–D–402, tank farm restoration

19 and safe operations, Richland, Washington,

20 $7,584,000.

21 Project 96–D–408, waste management up22 grades, various locations, $11,246,000.

23 Project 95–D–402, install permanent elec24 trical service for the Waste Isolation Pilot

25 Plant, Carlsbad, New Mexico, $752,000.
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•HR 3230 EH

1 Project 95–D–405, industrial landfill V

2 and construction/demolition landfill VII, Y–12

3 Plant, Oak Ridge, Tennessee, $200,000.

4 Project 94–D–404, Melton Valley storage

5 tank capacity increase, Oak Ridge National

6 Laboratory, Oak Ridge, Tennessee, $6,345,000.

7 Project 94–D–407, initial tank retrieval

8 systems, Richland, Washington, $12,600,000.

9 Project 93–D–182, replacement of cross10 site transfer system, Richland, Washington,

11 $8,100,000.

12 Project 93–D–187, high-level waste re13 moval from filled waste tanks, Savannah River

14 Site, Aiken, South Carolina, $20,000,000.

15 Project 89–D–174, replacement high-level

16 waste evaporator, Savannah River Site, Aiken,

17 South Carolina, $11,500,000.

18 Project 86–D–103, decontamination and

19 waste treatment facility, Lawrence Livermore

20 National Laboratory, Livermore, California,

21 $10,000,000.

22 (c) NUCLEAR MATERIALS AND FACILITIES STA23 BILIZATION.—Subject to subsection (i), funds are hereby

24 authorized to be appropriated to the Department of En25 ergy for fiscal year 1997 for nuclear materials and facili-
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1 ties stabilization in carrying out environmental restoration

2 and waste management activities necessary for national

3 security programs in the amount of $1,269,290,000 to be

4 allocated as follows:

5 (1) For operation and maintenance,

6 $1,151,718,000.

7 (2) For plant projects (including maintenance,

8 restoration, planning, construction, acquisition,

9 modification of facilities, and the continuation of

10 projects authorized in prior years, and land acquisi11 tion related thereto), $117,572,000, to be allocated

12 as follows:

13 Project 97–D–450, Actinide packaging and

14 storage facility, Savannah River Site, Aiken,

15 South Carolina, $7,900,000.

16 Project 97–D–451, B-Plant safety class

17 ventilation upgrades, Richland, Washington,

18 $1,500,000.

19 Project 97–D–470, environmental monitor20 ing laboratory, Savannah River, Aiken, South

21 Carolina, $2,500,000.

22 Project 97–D–473, health physics site sup23 port facility, Savannah River, Aiken, South

24 Carolina, $2,000,000.
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1 Project 96–D–406, spent nuclear fuels

2 canister storage and stabilization facility, Rich3 land, Washington, $60,672,000.

4 Project 96–D–461, electrical distribution

5 upgrade, Idaho National Engineering Labora6 tory, Idaho, $6,790,000.

7 Project 96–D–464, electrical and utility

8 systems upgrade, Idaho Chemical Processing

9 Plant, Idaho National Engineering Laboratory,

10 Idaho, $10,440,000.

11 Project 96–D–471, CFC HVAC/chiller ret12 rofit, Savannah River Site, Aiken, South Caro13 lina, $8,541,000.

14 Project 95–E–600, hazardous materials

15 management and emergency response training

16 center, Richland, Washington, $7,900,000.

17 Project 95–D–155, upgrade site road in18 frastructure, Savannah River, South Carolina,

19 $4,137,000.

20 Project 95–D–456, security facilities con21 solidation, Idaho Chemical Processing Plant,

22 Idaho National Engineering Laboratory, Idaho,

23 $4,645,000.
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1 Project 94–D–401, emergency response fa2 cility, Idaho National Engineering Laboratory,

3 Idaho, $547,000.

4 (d) PROGRAM DIRECTION.—Subject to subsection (i),

5 funds are hereby authorized to be appropriated to the De6 partment of Energy for fiscal year 1997 for program di7 rection in carrying out environmental restoration and

8 waste management activities necessary for national secu9 rity programs in the amount of $375,511,000.

10 (e) TECHNOLOGY DEVELOPMENT.—Subject to sub11 section (i), funds are hereby authorized to be appropriated

12 to the Department of Energy for fiscal year 1997 for tech13 nology development in carrying out environmental restora14 tion and waste management activities necessary for na15 tional security programs in the amount of $303,771,000.

16 (f) POLICY AND MANAGEMENT.—Subject to sub17 section (i), funds are hereby authorized to be appropriated

18 to the Department of Energy for fiscal year 1997 for pol19 icy and management in carrying out environmental res20 toration and waste management activities necessary for

21 national security programs in the amount of $23,155,000.

22 (g) ENVIRONMENTAL SCIENCE PROGRAM.—Subject

23 to subsection (i), funds are hereby authorized to be appro24 priated to the Department of Energy for fiscal year 1997

25 for the environmental science program in carrying out en-
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1 vironmental restoration and waste management activities

2 necessary for national security programs in the amount

3 of $62,136,000.

4 (h) ENVIRONMENTAL MANAGEMENT PRIVATIZA5 TION.—Subject to subsection (i), funds are hereby author6 ized to be appropriated to the Department of Energy for

7 fiscal year 1997 for environmental management privatiza8 tion in carrying out environmental restoration and waste

9 management activities necessary for national security pro10 grams in the amount of $185,000,000.

11 (i) ADJUSTMENTS.—The total amount authorized to

12 be appropriated pursuant to this section is the sum of the

13 amounts specified in subsections (a) through (h) reduced

14 by the sum of—

15 (1) $150,400,000, for use of prior year bal16 ances; and

17 (2) $8,000,000 for Savannah River Pension Re18 fund.

19 SEC. 3103. DEFENSE FIXED ASSET ACQUISITION.

20 Funds are hereby authorized to be appropriated to

21 the Department of Energy for fiscal year 1997 for the

22 defense fixed asset acquisition/privatization program in

23 the amount of $182,000,000.
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1 SEC. 3104. OTHER DEFENSE ACTIVITIES.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated to the Department of Energy for fiscal

4 year 1997 for other defense activities in carrying out pro5 grams necessary for national security in the amount of

6 $1,487,800,000, to be allocated as follows:

7 (1) For verification and control technology,

8 $399,648,000, to be allocated as follows:

9 (A) For nonproliferation and verification

10 research and development, $194,919,000.

11 (B) For arms control, $169,544,000.

12 (C) For intelligence, $35,185,000.

13 (2) For nuclear safeguards and security,

14 $47,208,000.

15 (3) For security investigations, $22,000,000.

16 (4) For emergency management, $16,794,000.

17 (5) For program direction, nonproliferation,

18 and national security, $95,622,000.

19 (6) For environment, safety, and health, de20 fense, $63,800,000.

21 (7) For worker and community transition as22 sistance, $67,000,000.

23 (8) For fissile materials disposition,

24 $93,796,000, to be allocated as follows:

25 (A) For operations and maintenance,

26 $76,796,000.
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1 (B) For the following plant project (includ2 ing maintenance, restoration, planning, con3 struction, acquisition, modification of facilities,

4 and the continuation of projects authorized in

5 prior years, and land acquisition related there6 to):

7 Project 97–D–140, consolidated spe8 cial nuclear materials storage facility, site

9 to be determined, $17,000,000.

10 (9) For nuclear security/Russian production re11 actor shutdown, $6,000,000.

12 (10) For naval reactors development,

13 $681,932,000, to be allocated as follows:

14 (A) For operation and infrastructure,

15 $649,330,000.

16 (B) For program direction, $18,902,000.

17 (C) For plant projects (including mainte18 nance, restoration, planning, construction, ac19 quisition, modification of facilities, and the con20 tinuation of projects authorized in prior years,

21 and land acquisition related thereto),

22 $13,700,000, to be allocated as follows:

23 Project 97–D–201, advanced test re24 actor secondary coolant refurbishment,
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1 Idaho National Engineering Laboratory,

2 Idaho, $400,000.

3 Project 95–D–200, laboratory systems

4 and hot cell upgrades, various locations,

5 $4,800,000.

6 Project 95–D–201, advanced test re7 actor radioactive waste system upgrades,

8 Idaho National Engineering Laboratory,

9 Idaho, $500,000.

10 Project 90–N–102, expended core fa11 cility dry cell project, Naval Reactors facil12 ity, Idaho, $8,000,000.

13 (b) ADJUSTMENT.—The total amount authorized to

14 be appropriated pursuant to this section is the sum of the

15 amounts specified in subsection (a) reduced by $6,000,000

16 for use of prior year balances.

17 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

18 Funds are hereby authorized to be appropriated to

19 the Department of Energy for fiscal year 1997 for pay20 ment to the Nuclear Waste Fund established in section

21 302(c) of the Nuclear Waste Policy Act of 1982 (42

22 U.S.C. 10222(c)) in the amount of $200,000,000.
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1 Subtitle B—Recurring General

2 Provisions

3 SEC. 3121. REPROGRAMMING.

4 (a) IN GENERAL.—Until the Secretary of Energy

5 submits to the congressional defense committees the re6 port referred to in subsection (b) and a period of 30 days

7 has elapsed after the date on which such committees re8 ceive the report, the Secretary may not use amounts ap9 propriated pursuant to this title for any program—

10 (1) in amounts that exceed, in a fiscal year—

11 (A) 110 percent of the amount authorized

12 for that program by this title; or

13 (B) $1,000,000 more than the amount au14 thorized for that program by this title; or

15 (2) which has not been presented to, or re16 quested of, Congress.

17 (b) REPORT.—(1) The report referred to in sub18 section (a) is a report containing a full and complete state19 ment of the action proposed to be taken and the facts and

20 circumstances relied upon in support of such proposed ac21 tion.

22 (2) In the computation of the 30-day period under

23 subsection (a), there shall be excluded any day on which

24 either House of Congress is not in session because of an

25 adjournment of more than 3 days to a day certain.
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1 (c) LIMITATIONS.—(1) In no event may the total

2 amount of funds obligated pursuant to this title exceed

3 the total amount authorized to be appropriated by this

4 title.

5 (2) Funds appropriated pursuant to this title may not

6 be used for an item for which Congress has specifically

7 denied funds.

8 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

9 (a) IN GENERAL.—The Secretary of Energy may

10 carry out any construction project under the general plant

11 projects authorized by this title if the total estimated cost

12 of the construction project does not exceed $2,000,000.

13 (b) REPORT TO CONGRESS.—If, at any time during

14 the construction of any general plant project authorized

15 by this title, the estimated cost of the project is revised

16 because of unforeseen cost variations and the revised cost

17 of the project exceeds $2,000,000, the Secretary shall im18 mediately furnish a complete report to the congressional

19 defense committees explaining the reasons for the cost

20 variation.

21 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—(1) Except as provided in para23 graph (2), construction on a construction project may not

24 be started or additional obligations incurred in connection

25 with the project above the total estimated cost, whenever
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1 the current estimated cost of the construction project,

2 which is authorized by section 3101, 3102, or 3103, or

3 which is in support of national security programs of the

4 Department of Energy and was authorized by any pre5 vious Act, exceeds by more than 25 percent the higher

6 of—

7 (A) the amount authorized for the project; or

8 (B) the amount of the total estimated cost for

9 the project as shown in the most recent budget jus10 tification data submitted to Congress.

11 (2) An action described in paragraph (1) may be

12 taken if—

13 (A) the Secretary of Energy has submitted to

14 the congressional defense committees a report on the

15 actions and the circumstances making such action

16 necessary; and

17 (B) a period of 30 days has elapsed after the

18 date on which the report is received by the commit19 tees.

20 (3) In the computation of the 30-day period under

21 paragraph (2), there shall be excluded any day on which

22 either House of Congress is not in session because of an

23 adjournment of more than 3 days to a day certain.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 any construction project which has a current estimated

3 cost of less than $5,000,000.

4 SEC. 3124. FUND TRANSFER AUTHORITY.

5 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

6 The Secretary of Energy may transfer funds authorized

7 to be appropriated to the Department of Energy pursuant

8 to this title to other Federal agencies for the performance

9 of work for which the funds were authorized. Funds so

10 transferred may be merged with and be available for the

11 same purposes and for the same period as the authoriza12 tions of the Federal agency to which the amounts are

13 transferred.

14 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

15 LIMITATIONS.—(1) Subject to paragraph (2), the Sec16 retary of Energy may transfer funds authorized to be ap17 propriated to the Department of Energy pursuant to this

18 title between any such authorizations. Amounts of author19 izations so transferred may be merged with and be avail20 able for the same purposes and for the same period as

21 the authorization to which the amounts are transferred.

22 (2) Not more than five percent of any such authoriza23 tion may be transferred between authorizations under

24 paragraph (1). No such authorization may be increased
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1 or decreased by more than five percent by a transfer under

2 such paragraph.

3 (3) The authority provided by this section to transfer

4 authorizations—

5 (A) may only be used to provide funds for items

6 relating to weapons activities necessary for national

7 security programs that have a higher priority than

8 the items from which the funds are transferred; and

9 (B) may not be used to provide authority for an

10 item that has been denied funds by Congress.

11 (c) NOTICE TO CONGRESS.—The Secretary of Energy

12 shall promptly notify the Committee on Armed Services

13 of the Senate and the Committee on National Security of

14 the House of Representatives of any transfer of funds to

15 or from authorizations under this title.

16 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC17 TION DESIGN.

18 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

19 Subject to paragraph (2) and except as provided in para20 graph (3), before submitting to Congress a request for

21 funds for a construction project that is in support of a

22 national security program of the Department of Energy,

23 the Secretary of Energy shall complete a conceptual de24 sign for that project.
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1 (2) If the estimated cost of completing a conceptual

2 design for a construction project exceeds $3,000,000, the

3 Secretary shall submit to Congress a request for funds for

4 the conceptual design before submitting a request for

5 funds for the construction project.

6 (3) The requirement in paragraph (1) does not apply

7 to a request for funds—

8 (A) for a construction project the total esti9 mated cost of which is less than $2,000,000; or

10 (B) for emergency planning, design, and con11 struction activities under section 3126.

12 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

13 Within the amounts authorized by this title, the Secretary

14 of Energy may carry out construction design (including

15 architectural and engineering services) in connection with

16 any proposed construction project if the total estimated

17 cost for such design does not exceed $600,000.

18 (2) If the total estimated cost for construction design

19 in connection with any construction project exceeds

20 $600,000, funds for such design must be specifically au21 thorized by law.

22 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE23 SIGN, AND CONSTRUCTION ACTIVITIES.

24 (a) AUTHORITY.—The Secretary of Energy may use

25 any funds available to the Department of Energy pursuant
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1 to an authorization in this title, including those funds au2 thorized to be appropriated for advance planning and con3 struction design under sections 3101, 3102, and 3103, to

4 perform planning, design, and construction activities for

5 any Department of Energy national security program con6 struction project that, as determined by the Secretary,

7 must proceed expeditiously in order to protect public

8 health and safety, to meet the needs of national defense,

9 or to protect property.

10 (b) LIMITATION.—The Secretary may not exercise

11 the authority under subsection (a) in the case of any con12 struction project until the Secretary has submitted to the

13 congressional defense committees a report on the activities

14 that the Secretary intends to carry out under this section

15 and the circumstances making such activities necessary.

16 (c) SPECIFIC AUTHORITY.—The requirement of sec17 tion 3125(b)(2) does not apply to emergency planning, de18 sign, and construction activities conducted under this sec19 tion.

20 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU21 RITY PROGRAMS OF THE DEPARTMENT OF

22 ENERGY.

23 Subject to the provisions of appropriations Acts and

24 section 3121, amounts appropriated pursuant to this title

25 for management and support activities and for general
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1 plant projects are available for use, when necessary, in

2 connection with all national security programs of the De3 partment of Energy.

4 SEC. 3128. AVAILABILITY OF FUNDS.

5 When so specified in an appropriation Act, amounts

6 appropriated for operation and maintenance or for plant

7 projects may remain available until expended.

8 Subtitle C—Program Authoriza9 tions, Restrictions, and Limita10 tions

11 SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.

12 (a) FUNDING.—Of the funds authorized to be appro13 priated to the Department of Energy pursuant to section

14 3101, $100,000,000 shall be available to carry out the fol15 lowing activities within the stockpile stewardship program:

16 (1) $20,000,000 for enhanced surveillance in17 volving the nuclear production plants and the nu18 clear weapons design laboratories.

19 (2) $15,000,000 for a production capability as20 surance program for critical non-nuclear compo21 nents.

22 (3) $25,000,000 for an accelerated capability to

23 produce prototype war reserve-quality plutonium

24 pits.
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1 (4) $20,000,000 for dual revalidation of war2 heads in the nuclear weapons stockpile.

3 (5) $20,000,000 for the stockpile life extension

4 program.

5 (b) REPORT.—Not later than October 15, 1996, the

6 Secretary of Energy shall submit to the congressional de7 fense committees a report on the obligations the Secretary

8 has incurred, and plans to incur, during fiscal year 1997

9 for the stockpile stewardship program.

10 SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NU11 CLEAR WEAPONS STOCKPILE.

12 (a) FUNDING.—Of the funds authorized to be appro13 priated to the Department of Energy pursuant to section

14 3101, $125,000,000 shall be available to carry out the

15 stockpile manufacturing infrastructure program.

16 (b) REQUIRED CAPABILITIES.—The manufacturing

17 infrastructure established under the program shall include

18 the capabilities listed in subsection (b) of section 3137 of

19 Public Law 104–106 (110 Stat. 620).

20 (c) REPORT.—Not later than October 15, 1996, the

21 Secretary of Energy shall submit to the congressional de22 fense committees a report on the obligations the Secretary

23 has incurred, and plans to incur, during fiscal year 1997

24 for the stockpile manufacturing infrastructure program.
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1 (d) STOCKPILE MANUFACTURING INFRASTRUCTURE

2 PROGRAM.—In this section, the term ‘‘stockpile manufac3 turing infrastructure program’’ means the program car4 ried out pursuant to section 3137 of the National Defense

5 Authorization Act for Fiscal Year 1996 (Public Law 104–

6 106; 110 Stat. 620).

7 SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.

8 The manufacture and fabrication of high explosives

9 and energetic materials for use as components in nuclear

10 weapons systems shall be carried out at the Pantex Plant,

11 Amarillo, Texas. No funds appropriated or otherwise made

12 available to the Department of Energy may be used to

13 move, or prepare to move, the manufacture and fabrica14 tion of high explosives and energetic materials for use as

15 components in nuclear weapons systems from the Pantex

16 Plant to any other site or facility of the Department of

17 Energy.

18 SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORA19 TORIES FOR LABORATORY-DIRECTED RE20 SEARCH AND DEVELOPMENT.

21 (a) REDUCTION OF FUNDING.—Section 3132(c) of

22 Public Law 101–510 (104 Stat. 1832) is amended by

23 striking out ‘‘6 percent’’ and inserting in lieu thereof ‘‘2

24 percent’’.
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1 (b) LIMITATION.—None of the funds provided in a

2 fiscal year, beginning with fiscal year 1997, by the Sec3 retary of Energy to be used by laboratories for laboratory4 directed research and development pursuant to section

5 3132(c) of Public Law 101–510 (42 U.S.C. 7257a(c))

6 may be obligated or expended by such laboratories until

7 a period of 15 days has expired after the Secretary of En8 ergy submits to the congressional defense committees a

9 report setting forth in detail information about the man10 ner in which such funds are planned to be used during

11 that fiscal year. The report shall include a description and

12 justification of the planned uses of the funds.

13 SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS

14 ACTIVITIES WITH PEOPLE’S REPUBLIC OF

15 CHINA.

16 (a) FUNDING PROHIBITION.—Funds authorized to be

17 appropriated to, or otherwise available to, the Department

18 of Energy for fiscal year 1997 may not be obligated or

19 expended for any activity associated with the conduct of

20 cooperative programs relating to nuclear weapons or nu21 clear weapons technology, including stockpile stewardship,

22 safety, and use control, with the People’s Republic of

23 China.

24 (b) REPORT.—(1) The Secretary of Energy shall pre25 pare, in consultation with the Secretary of Defense, a re-
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1 port containing a description of all discussions and activi2 ties between the United States and the People’s Republic

3 of China regarding nuclear weapons matters that have oc4 curred before the date of the enactment of this Act and

5 that are planned to occur after such date. For each such

6 discussion or activity, the report shall include—

7 (A) the authority under which the discussion or

8 activity took or will take place;

9 (B) the subject of the discussion or activity;

10 (C) participants or likely participants;

11 (D) the source and amount of funds used or to

12 be used to pay for the discussion or activity; and

13 (E) a description of the actions taken or to be

14 taken to ensure that no classified or restricted data

15 were or will be revealed, and a determination of

16 whether classified or restricted data was revealed in

17 previous discussions.

18 (2) The report shall be submitted to the Committee

19 on Armed Services of the Senate and the Committee on

20 National Security of the House of Representatives not

21 later than October 15, 1996.

22 SEC. 3136. INTERNATIONAL COOPERATIVE STOCKPILE

23 STEWARDSHIP PROGRAMS.

24 (a) FUNDING PROHIBITION.—Funds authorized to be

25 appropriated to, or otherwise available to, the Department
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1 of Energy for fiscal year 1997 may not be obligated or

2 expended to conduct any activities associated with inter3 national cooperative stockpile stewardship.

4 (b) EXCEPTION.—Subsection (a) does not apply with

5 respect to such activities conducted between the United

6 States and the United Kingdom, and between the United

7 States and France.

8 SEC. 3137. TEMPORARY AUTHORITY RELATING TO TRANS9 FERS OF DEFENSE ENVIRONMENTAL MAN10 AGEMENT FUNDS.

11 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON12 MENTAL MANAGEMENT FUNDS.—The Secretary of En13 ergy shall provide the manager of each field office of the

14 Department of Energy with the authority to transfer de15 fense environmental management funds from a program

16 or project under the jurisdiction of the office to another

17 such program or project. Any such transfer may be done

18 only one time in a fiscal year to or from each program

19 or project, and the amount transferred to or from the pro20 gram or project may not exceed $5,000,000 in a fiscal

21 year.

22 (b) DETERMINATION.—A transfer may not be carried

23 out by a manager of a field office pursuant to the author24 ity provided under subsection (a) unless the manager de25 termines that such transfer is necessary to address a risk
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1 to health, safety, or the environment or to assure the most

2 efficient use of defense environmental management funds

3 at that field office.

4 (c) EXEMPTION FROM REPROGRAMMING REQUIRE5 MENTS.—The requirements of section 3121 shall not

6 apply to transfers of funds pursuant to subsection (a).

7 (d) NOTIFICATION.—The Secretary of Energy, acting

8 through the Assistant Secretary of Energy for Environ9 mental Management, shall notify Congress of any transfer

10 of funds pursuant to subsection (a) not later than 30 days

11 after such a transfer occurs.

12 (e) LIMITATION.—Funds transferred pursuant to

13 subsection (a) may not be used for an item for which Con14 gress has specifically denied funds or for a new program

15 or project that has not been authorized by Congress.

16 (f) DEFINITIONS.—In this section:

17 (1) The term ‘‘program or project’’ means, with

18 respect to a field office of the Department of En19 ergy, any of the following:

20 (A) A project listed in subsection (b) or (c)

21 of section 3102 being carried out by the office.

22 (B) A program referred to in subsection

23 (a), (b), (c), (e), (g), or (h) of section 3102

24 being carried out by the office.
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1 (C) A project or program not described in

2 subparagraph (A) or (B) that is for environ3 mental restoration or waste management activi4 ties necessary for national security programs of

5 the Department of Energy, that is being carried

6 out by the office, and for which defense envi7 ronmental management funds have been au8 thorized and appropriated before the date of the

9 enactment of this Act.

10 (2) The term ‘‘defense environmental manage11 ment funds’’ means funds appropriated to the De12 partment of Energy pursuant to an authorization for

13 carrying out environmental restoration and waste

14 management activities necessary for national secu15 rity programs.

16 (g) DURATION OF AUTHORITY.—The authority pro17 vided under subsection (a) to a manager of a field office

18 shall be in effect from the date of the enactment of this

19 Act to September 30, 1997.

20 SEC. 3138. MANAGEMENT STRUCTURE FOR NUCLEAR

21 WEAPONS PRODUCTION FACILITIES AND NU22 CLEAR WEAPONS LABORATORIES.

23 (a) LIMITATION ON DELEGATION OF AUTHORITY.—

24 (1) The Secretary of Energy, in carrying out national se25 curity programs, may delegate specific management and
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1 planning authority over matters relating to site operation

2 of the facilities and laboratories covered by this section

3 only to the Assistant Secretary of Energy for Defense Pro4 grams. Such Assistant Secretary may redelegate such au5 thority only to managers of area offices of the Department

6 of Energy located at such facilities and laboratories.

7 (2) Nothing in this section may be construed as af8 fecting the delegation by the Secretary of Energy of au9 thority relating to reporting, management, and oversight

10 of matters relating to the Department of Energy gen11 erally, or safety, environment, and health at such facilities

12 and laboratories.

13 (b) REQUIREMENT TO CONSULT WITH AREA OF14 FICES.—The Assistant Secretary of Energy for Defense

15 Programs, in exercising any delegated authority to oversee

16 management of matters relating to site operation of a fa17 cility or laboratory, shall exercise such authority only after

18 direct consultation with the manager of the area office of

19 the Department of Energy located at the facility or labora20 tory.

21 (c) REQUIREMENT FOR DIRECT COMMUNICATION

22 FROM AREA OFFICES.—The Secretary of Energy, acting

23 through the Assistant Secretary of Energy for Defense

24 Programs, shall require the head of each area office of

25 the Department of Energy located at each facility and lab-
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1 oratory covered by this section to report on matters relat2 ing to site operation other than those matters set forth

3 in subsection (a)(2) directly to the Assistant Secretary of

4 Energy for Defense Programs, without obtaining the ap5 proval or concurrence of any other official within the De6 partment of Energy.

7 (d) DEFENSE PROGRAMS REORGANIZATION PLAN

8 AND REPORT.—(1) The Secretary of Energy shall develop

9 a plan to reorganize the field activities and management

10 of the national security functions of the Department of

11 Energy.

12 (2) Not later than 120 days after the date of the en13 actment of this Act, the Secretary shall submit to Con14 gress a report on the plan developed under paragraph (1).

15 The report shall specifically identify all significant func16 tions performed by the operations offices relating to any

17 of the facilities and laboratories covered by this section

18 and which of those functions could be performed—

19 (A) by the area offices of the Department of

20 Energy located at the facilities and laboratories cov21 ered by this section; or

22 (B) by the Assistant Secretary of Energy for

23 Defense Programs.

24 (3) The report also shall address and make rec25 ommendations with respect to other internal streamlining
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1 and reorganization initiatives that the Department could

2 pursue with respect to military or national security pro3 grams.

4 (e) DEFENSE PROGRAMS MANAGEMENT COUNCIL.—

5 The Secretary of Energy shall establish a Defense Pro6 grams Management Council to advise the Secretary on

7 policy matters, operational concerns, strategic planning,

8 and development of priorities relating to the national secu9 rity functions of the Department of Energy. The Council

10 shall be composed of the directors of the facilities and lab11 oratories and shall report directly to the Assistant Sec12 retary of Energy for Defense Programs.

13 (f) COVERED SITE OPERATIONS.—For purposes of

14 this section, matters relating to site operation of a facility

15 or laboratory include matters relating to personnel, budg16 et, and procurement in national security programs.

17 (g) COVERED FACILITIES AND LABORATORIES.—

18 This section applies to the following facilities and labora19 tories of the Department of Energy:

20 (1) The Kansas City Plant, Kansas City, Mis21 souri.

22 (2) The Pantex Plant, Amarillo, Texas.

23 (3) The Y–12 Plant, Oak Ridge, Tennessee.

24 (4) The Savannah River Site, Aiken, South

25 Carolina.
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1 (5) Los Alamos National Laboratory, Los Ala2 mos, New Mexico.

3 (6) Sandia National Laboratories, Albuquerque,

4 New Mexico.

5 (7) Lawrence Livermore National Laboratory,

6 Livermore, California.

7 (8) The Nevada Test Site, Nevada.

8 Subtitle D—Other Matters

9 SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE

10 MEMORANDUM.

11 (a) SUBMISSION OF COPY OF MEMORANDUM.—Not

12 less than 15 days after the date of the enactment of this

13 Act, the President shall submit to the congressional de14 fense committees a copy of the Nuclear Weapons Stockpile

15 Memorandum approved by the President in April 1996.

16 (b) SUBMISSION OF COPY OF MEMORANDUM AND

17 REPORT.—Not less than 30 days after the President has

18 approved any update to the Nuclear Weapons Stockpile

19 Memorandum, the President shall submit to the congres20 sional defense committees a copy of that Memorandum,

21 together with a report describing the changes to the

22 Memorandum compared to the previous submission.

23 (c) FORM.—The submissions required by this section

24 shall be in classified and unclassified form.
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1 SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND

2 REMANUFACTURING PLANS.

3 (a) REPORT REQUIREMENT.—The Secretary of En4 ergy shall submit to the congressional defense committees

5 a report on plans for achieving the capability to produce

6 and remanufacture plutonium pits. The report shall in7 clude a description of the baseline plan of the Department

8 of Energy for achieving such capability, including the fol9 lowing:

10 (1) The funding necessary, by fiscal year, to

11 achieve the capability.

12 (2) The schedule necessary to achieve the capa13 bility, including important technical and pro14 grammatic milestones.

15 (3) Siting, capacity for expansion, and other is16 sues included in the baseline plan.

17 (b) DEADLINE.—The report required by subsection

18 (a) shall be submitted not later than 60 days after the

19 date of the enactment of this Act.

20 SEC. 3143. AMENDMENTS RELATING TO BASELINE ENVI21 RONMENTAL MANAGEMENT REPORTS.

22 Section 3153 of the National Defense Authorization

23 Act for Fiscal Year 1994 (Public Law 103–160;107 Stat.

24 1950) is amended—

25 (1) in subsection (b)—
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1 (A) by striking out the first word in the

2 heading and inserting in lieu thereof ‘‘BIEN3 NIAL’’; and

4 (B) in paragraph (2)(B), by inserting be5 fore ‘‘year after 1995’’ the following: ‘‘odd6 numbered’’; and

7 (2) in subsection (d)—

8 (A) by striking out the first word in the

9 heading and inserting in lieu thereof ‘‘BIEN10 NIAL’’; and

11 (B) in paragraph (1)(B), by striking out

12 ‘‘in each year thereafter’’ and inserting in lieu

13 thereof ‘‘in each odd-numbered year there14 after’’.

15 SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS

16 FOR ENVIRONMENTAL MANAGEMENT PRO17 GRAM.

18 (a) AUTHORITY TO DEVELOP FUTURE USE

19 PLANS.—The Secretary may develop future use plans for

20 any defense nuclear facility at which environmental res21 toration and waste management activities are occurring.

22 (b) REQUIREMENT TO DEVELOP FUTURE USE

23 PLANS.—The Secretary of Energy shall develop a future

24 use plan for each of the following defense nuclear facilities:

25 (1) Hanford Site, Richland, Washington.
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1 (2) Rocky Flats Plant, Golden, Colorado.

2 (3) Savannah River Site, Aiken, South Caro3 lina.

4 (4) Idaho National Engineering Laboratory,

5 Idaho.

6 (c) FUTURE USE ADVISORY BOARD.—(1) At a de7 fense nuclear facility where the Secretary of Energy in8 tends to develop a future use plan and no citizen advisory

9 board has been established, the Secretary shall establish

10 a future use advisory board.

11 (2) The Secretary may prescribe regulations regard12 ing the establishment, characteristics, composition, and

13 funding of future use advisory boards pursuant to this

14 subsection.

15 (3) The Secretary may authorize the manager of a

16 defense nuclear facility for which a future use plan is de17 veloped (or, if there is no such manager, an appropriate

18 official of the Department of Energy designated by the

19 Secretary) to pay routine administrative expenses of a fu20 ture use advisory board established for that site. Such

21 payments shall be made from funds available to the Sec22 retary for program direction in carrying out environmental

23 restoration and waste management activities necessary for

24 national security programs.
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1 (d) REQUIREMENT TO CONSULT WITH FUTURE USE

2 ADVISORY BOARD.—In developing a future use plan under

3 this section with respect to a defense nuclear facility, the

4 Secretary of Energy shall consult with a future use advi5 sory board established pursuant to subsection (c) or a

6 similar advisory board already in existence as of the date

7 of the enactment of this Act for such facility, affected local

8 governments (including any local future use redevelopment

9 authorities), and other appropriate State agencies.

10 (e) 50-YEAR PLANNING PERIOD.—A future use plan

11 developed under this section shall cover a period of at least

12 50 years.

13 (f) DEADLINES.—For each site listed in subsection

14 (b), the Secretary shall develop a draft plan by October

15 1, 1997, and a final plan by March 15, 1998.

16 (g) REPORT.—Not later than 60 days after complet17 ing development of a final plan for a site listed in sub18 section (b), the Secretary of Energy shall submit to Con19 gress a report on the plan. The report shall describe the

20 plan and contain such findings and recommendations with

21 respect to the site as the Secretary considers appropriate.

22 (h) SAVINGS PROVISIONS.—(1) Nothing in this sec23 tion or in a future use plan developed under this section

24 with respect to a defense nuclear facility shall be construed

25 as requiring any modification to a future use plan that
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1 was developed before the date of the enactment of this

2 Act.

3 (2) Nothing in this section may be construed to affect

4 statutory requirements for an environmental restoration

5 or waste management activity or project or to modify or

6 otherwise affect applicable statutory or regulatory environ7 mental restoration and waste management requirements,

8 including substantive standards intended to protect public

9 health and the environment, nor shall anything in this sec10 tion be construed to preempt or impair any local land use

11 planning or zoning authority or State authority.

12 SEC. 3145. WORKER HEALTH AND SAFETY IMPROVEMENTS

13 AT DEFENSE NUCLEAR COMPLEX,

14 MIAMISBURG, OHIO.

15 (a) WORKER HEALTH AND SAFETY ACTIVITIES.—

16 The Secretary of Energy shall carry out the following ac17 tivities at the defense nuclear complex at Miamisburg,

18 Ohio:

19 (1) Within 12 months after the date of the en20 actment of this Act, completion of the evaluation of

21 pre-1989 internal radiation dose assessments for

22 workers who may have received a dose greater than

23 20 rem.

24 (2) Installation of state-of-the-art automated

25 personnel contamination monitors at appropriate ra-
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1 diation control points and facility exits, and pur2 chase and installation of an automated personnel ac3 cess control system.

4 (3) Upgrading of the radiological records soft5 ware and integration with a radiation work permit

6 system.

7 (4) Implementation of a program that will char8 acterize the radiological conditions of the site and

9 facilities prior to decontamination so that radiologi10 cal hazards are clearly identified and results of the

11 characterization validated.

12 (5) Review and improvement of the evaluation

13 of continuous air monitoring and implementation of

14 a personal air sampling program within 60 days

15 after the date of the enactment of this Act.

16 (6) Upgrading of bioassay analytical procedures

17 to ensure that contract laboratories are properly se18 lected and independently validated by the Depart19 ment of Energy and that quality control is assured.

20 (7) Implementation of bioassay and internal

21 dose calculation methods that are specific to the ra22 diological hazards identified at the site.

23 (b) FUNDING.—Of the funds authorized in section

24 3102(e), $5,000,000 shall be available to the Secretary of

25 Energy to perform the activities required by subsection (a)
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1 and such other activities to improve worker health and

2 safety at the defense nuclear complex at Miamisburg,

3 Ohio, as the Secretary considers appropriate.

4 (c) SAVINGS PROVISION.—Nothing in this section

5 shall be construed as affecting applicable statutory or reg6 ulatory requirements relating to worker health and safety.

7 Subtitle E—Defense Nuclear Envi8 ronmental Cleanup and Man9 agement

10 SEC. 3151. PURPOSE.

11 The purpose of this subtitle is to provide for the expe12 dited environmental restoration and waste management of

13 Department of Energy defense nuclear facilities through

14 the use of cost-effective management mechanisms and in15 novative technologies.

16 SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.

17 (a) APPLICABILITY.—This subtitle applies to any de18 fense nuclear facility of the Department of Energy for

19 which the fiscal year 1996 environmental management

20 budget was $350,000,000 or more.

21 (b) DEFENSE NUCLEAR FACILITY DEFINED.—In

22 this subtitle, the term ‘‘defense nuclear facility’’ means a

23 former or current defense nuclear production facility that

24 is owned and managed by the Department of Energy.
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1 SEC. 3153. SITE MANAGER.

2 (a) APPOINTMENT.—The Secretary of Energy shall

3 expeditiously appoint a Site Manager for each Department

4 of Energy defense nuclear facility (in this subtitle referred

5 to as the ‘‘Site Manager’’).

6 (b) SCOPE.—(1) In addition to other authorities pro7 vided for in this Act, the Secretary of Energy may delegate

8 to the Site Manager of a defense nuclear facility authority

9 to oversee and direct environmental management oper10 ations at the facility, including the authority to—

11 (A) enter into and modify contractual agree12 ments to enhance environmental restoration and

13 waste management at the facility;

14 (B) request that the Department of Energy

15 headquarters submit to Congress a reprogramming

16 package shifting funds among accounts in order to

17 facilitate the most efficient and timely environmental

18 restoration and waste management of the facility,

19 and, in the event that the Department headquarters

20 does not act upon the request within 60 days, sub21 mit such request to the appropriate congressional

22 committees for review;

23 (C) subject to paragraph (2), negotiate amend24 ments to environmental agreements for the Depart25 ment of Energy;
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1 (D) manage Department of Energy personnel

2 at the facility;

3 (E) consider the costs, risk reduction benefits,

4 and other benefits for the purposes of ensuring pro5 tection of human health and the environment or

6 safety, with respect to any environmental remedi7 ation activity the cost of which exceeds $25,000,000;

8 and

9 (F) have assessments prepared for environ10 mental restoration activities (in several documents or

11 a single document, as determined by the Site Man12 ager).

13 (2) In using the authority described in paragraph

14 (1)(C), a Site Manager may not negotiate an amendment

15 that is expected to result in additional significant life cycle

16 costs to the Department of Energy without the approval

17 of the Secretary of Energy.

18 (3) In using any authority described in paragraph

19 (1), a Site Manager of a facility shall consult with the

20 State where the facility is located and the advisory board

21 for the facility.

22 (4) The delegation of any authority pursuant to this

23 subsection shall not be construed as restricting the Sec24 retary of Energy’s authority to delegate other authorities

25 as necessary.
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1 (c) INFORMATION TO SECRETARY OF ENERGY.—The

2 Site Manager of a defense nuclear facility shall regularly

3 inform the Secretary of Energy, Congress, and the advi4 sory board for the facility of the progress made by the

5 Site Manager to achieve the expedited environmental res6 toration and waste management of the facility.

7 SEC. 3154. DEPARTMENT OF ENERGY ORDERS.

8 An order imposed after the date of the enactment of

9 this Act relating to the execution of environmental restora10 tion, waste management, or technology development activi11 ties at a defense nuclear facility under the Atomic Energy

12 Act of 1954 (42 U.S.C. 2011 et seq.) may be imposed

13 by the Secretary of Energy at the defense nuclear facility

14 only if the Secretary finds that the order is necessary for

15 the protection of human health and the environment or

16 safety, or the fulfillment of current legal requirements.

17 SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDI18 ATION OF DEFENSE NUCLEAR WASTE.

19 (a) IN GENERAL.—The Secretary of Energy shall en20 courage the Site Manager of each defense nuclear facility

21 to promote the deployment of innovative environmental

22 technologies for remediation of defense nuclear waste at

23 the facility.

24 (b) CRITERIA.—To carry out subsection (a), the Sec25 retary shall encourage the Site Manager of a defense nu-
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1 clear facility to establish a program at the facility to en2 hance the deployment of innovative environmental tech3 nologies at the facility. The Secretary may require the Site

4 Manager, in establishing such a program—

5 (1) to establish a simplified, standardized, and

6 timely process for the acceptance and deployment of

7 environmental technologies;

8 (2) to solicit applications to deploy environ9 mental technologies suitable for environmental res10 toration and waste management activities at the fa11 cility, including prevention, control, characterization,

12 treatment, and remediation of contamination;

13 (3) to enter into contracts and other agree14 ments with other public and private entities to de15 ploy environmental technologies at the facility; and

16 (4) to include incentives, such as product per17 formance specifications, in contracts to encourage

18 the implementation of innovative environmental

19 technologies.

20 SEC. 3156. PERFORMANCE-BASED CONTRACTING.

21 (a) PROGRAM.—The Secretary of Energy shall de22 velop and implement a program for performance-based

23 contracting for contracts entered into for environmental

24 remediation at defense nuclear facilities. The program
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1 shall ensure that, to the maximum extent practicable and

2 appropriate, such contracts include the following:

3 (1) Clearly stated and results oriented perform4 ance criteria and measures.

5 (2) Appropriate incentives for contractors to

6 meet and exceed the performance criteria effectively

7 and efficiently.

8 (3) Appropriate criteria and incentives for con9 tractors to seek and engage subcontractors who may

10 more effectively and efficiently perform either unique

11 and technologically challenging tasks or routine and

12 interchangeable services.

13 (4) Specific incentives for cost savings.

14 (5) Financial accountability.

15 (6) When appropriate, allocation of fee or profit

16 reduction for failure to meet minimum performance

17 criteria and standards.

18 (b) CRITERIA AND MEASURES.—Performance criteria

19 and measures should take into consideration, at a mini20 mum, the following: managerial control; elimination or re21 duction of risk to public health and the environment;

22 workplace safety; financial control; goal-oriented work

23 scope; use of innovative and alternative technologies and

24 techniques that result in cleanups being performed less ex-
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1 pensively, more quickly, and within quality parameters;

2 and performing within benchmark cost estimates.

3 (c) CONSULTATION.—In implementing this section,

4 the Secretary of Energy shall consult with interested par5 ties.

6 (d) DEADLINE.—The Secretary of Energy shall im7 plement this section not later than October 1, 1997, unless

8 the Secretary submits to Congress before that date a re9 port with a schedule for completion of action under this

10 section.

11 SEC. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILI12 TIES AS NATIONAL ENVIRONMENTAL CLEAN13 UP DEMONSTRATION AREAS.

14 (a) DESIGNATION.—The Secretary of Energy, upon

15 receipt of a request from a Governor of a State in which

16 a defense nuclear facility is situated, may designate the

17 facility as a ‘‘National Environmental Cleanup Dem18 onstration Area’’ to carry out the purposes of this subtitle.

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that Federal and State regulatory agencies, mem21 bers of the community surrounding the facilities des22 ignated under subsection (a), and other affected parties

23 should work to develop expedited and streamlined proc24 esses and systems for cleaning up the facilities, to elimi-
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1 nate unnecessary bureaucratic delay, and to proceed expe2 ditiously with environmental restoration activities.

3 TITLE XXXII—DEFENSE NU4 CLEAR FACILITIES SAFETY

5 BOARD

6 SEC. 3201. AUTHORIZATION.

7 There are authorized to be appropriated for fiscal

8 year 1997, $17,000,000 for the operation of the Defense

9 Nuclear Facilities Safety Board under chapter 21 of the

10 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

11 TITLE XXXIII—NATIONAL

12 DEFENSE STOCKPILE

13 Subtitle A—Authorization of

14 Disposals and Use of Funds

15 SEC. 3301. DEFINITIONS.

16 In this title:

17 (1) The term ‘‘National Defense Stockpile’’

18 means the stockpile provided for in section 4 of the

19 Strategic and Critical Materials Stock Piling Act (50

20 U.S.C. 98c).

21 (2) The term ‘‘National Defense Stockpile

22 Transaction Fund’’ means the fund in the Treasury

23 of the United States established under section 9(a)

24 of the Strategic and Critical Materials Stock Piling

25 Act (50 U.S.C. 98h(a)).
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1 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

2 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis3 cal year 1997, the National Defense Stockpile Manager

4 may obligate up to $60,000,000 of the funds in the Na5 tional Defense Stockpile Transaction Fund for the author6 ized uses of such funds under section 9(b)(2) of the Stra7 tegic and Critical Materials Stock Piling Act (50 U.S.C.

8 98h(b)(2)).

9 (b) ADDITIONAL OBLIGATIONS.—The National De10 fense Stockpile Manager may obligate amounts in excess

11 of the amount specified in subsection (a) if the National

12 Defense Stockpile Manager notifies Congress that extraor13 dinary or emergency conditions necessitate the additional

14 obligations. The National Defense Stockpile Manager may

15 make the additional obligations described in the notifica16 tion after the end of the 45-day period beginning on the

17 date Congress receives the notification.

18 (c) LIMITATIONS.—The authorities provided by this

19 section shall be subject to such limitations as may be pro20 vided in appropriations Acts.

21 Subtitle B—Programmatic Change

22 SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIRE23 MENTS.

24 (a) NATIONAL EMERGENCY PLANNING ASSUMP25 TIONS.—Section 14 of the Strategic and Critical Materials

26 Stock Piling Act (50 U.S.C. 98h–5) is amended—
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1 (1) by redesignating subsection (c) as sub2 section (e); and

3 (2) by striking out subsection (b) and inserting

4 in lieu thereof the following new subsection:

5 ‘‘(b) Each report under this section shall set forth

6 the national emergency planning assumptions used by the

7 Secretary in making the Secretary’s recommendations

8 under subsection (a)(1) with respect to stockpile require9 ments. The Secretary shall base the national emergency

10 planning assumptions on a military conflict scenario con11 sistent with the scenario used by the Secretary in budget12 ing and defense planning purposes. The assumptions to

13 be set forth include assumptions relating to each of the

14 following:

15 ‘‘(1) The length and intensity of the assumed

16 military conflict.

17 ‘‘(2) The military force structure to be mobi18 lized.

19 ‘‘(3) The losses anticipated from enemy action.

20 ‘‘(4) The military, industrial, and essential civil21 ian requirements to support the national emergency.

22 ‘‘(5) The availability of supplies of strategic and

23 critical materials from foreign sources during the

24 mobilization period, the military conflict, and the
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1 subsequent period of replenishment, taking into con2 sideration possible shipping losses.

3 ‘‘(6) The domestic production of strategic and

4 critical materials during the mobilization period, the

5 military conflict, and the subsequent period of re6 plenishment, taking into consideration possible ship7 ping losses.

8 ‘‘(7) Civilian austerity measures required dur9 ing the mobilization period and military conflict.

10 ‘‘(c) The stockpile requirements shall be based on

11 those strategic and critical materials necessary for the

12 United States to replenish or replace, within three years

13 of the end of the military conflict scenario required under

14 subsection (b), all munitions, combat support items, and

15 weapons systems that would be consumed or exhausted

16 during such a military conflict.

17 ‘‘(d) The Secretary shall also include in each report

18 under this section an examination of the effect that alter19 native mobilization periods under the military conflict sce20 nario required under subsection (b), as well as a range

21 of other military conflict scenarios addressing potentially

22 more serious threats to national security, would have on

23 the Secretary’s recommendations under subsection (a)(1)

24 with respect to stockpile requirements.’’.
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1 (b) CONFORMING AMENDMENT.—Section 2 of such

2 Act (50 U.S.C. 98a) is amended by striking out subsection

3 (c) and inserting in lieu thereof the following new sub4 section:

5 ‘‘(c) The purpose of the National Defense Stockpile

6 is to serve the interest of national defense only. The Na7 tional Defense Stockpile is not to be used for economic

8 or budgetary purposes.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on October 1, 1996.

11 SEC. 3312. NOTIFICATION REQUIREMENTS.

12 (a) PROPOSED CHANGES IN STOCKPILE QUAN13 TITIES.—Section 3(c)(2) of the Strategic and Critical Ma14 terials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amend15 ed—

16 (1) by striking out ‘‘effective on or after the

17 30th legislative day following’’ and inserting in lieu

18 thereof ‘‘after the end of the 45-day period begin19 ning on’’; and

20 (2) by striking out the last sentence.

21 (b) WAIVER OF ACQUISITION AND DISPOSAL RE22 QUIREMENTS.—Section 6(d)(1) of such Act (50 U.S.C.

23 98e(d)(1)) is amended by striking out ‘‘thirty days’’ and

24 inserting in lieu thereof ‘‘45 days’’.
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1 (c) TIME TO BEGIN DISPOSAL.—Section 6(d)(2) of

2 such Act (50 U.S.C. 98e(d)(2)) is amended by striking

3 out ‘‘thirty days’’ and inserting in lieu thereof ‘‘45 days’’.

4 SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MA5 TERIALS.

6 Section 13 of the Strategic and Critical Materials

7 Stock Piling Act (50 U.S.C. 98h–4) is amended—

8 (1) by striking out ‘‘as a Communist-dominated

9 country or area’’; and

10 (2) by striking out ‘‘such Communist-dominated

11 countries or areas’’ and inserting in lieu thereof ‘‘a

12 country or area listed in such general note’’.

13 TITLE XXXIV—NAVAL

14 PETROLEUM RESERVES

15 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

16 There is hereby authorized to be appropriated to the

17 Secretary of Energy $149,500,000 for fiscal year 1997 for

18 the purpose of carrying out activities under chapter 641

19 of title 10, United States Code, relating to the naval petro20 leum reserves (as defined in section 7420(2) of such title).

21 Funds appropriated pursuant to such authorization shall

22 remain available until expended.
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1 SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE2 TROLEUM DURING FISCAL YEAR 1997.

3 Notwithstanding section 7430(b)(2) of title 10, Unit4 ed States Code, during fiscal year 1997, any sale of any

5 part of the United States share of petroleum produced

6 from Naval Petroleum Reserves Numbered 1, 2, and 3

7 shall be made at a price not less than 90 percent of the

8 current sales price, as estimated by the Secretary of En9 ergy, of comparable petroleum in the same area.

10 TITLE XXXV—PANAMA CANAL

11 COMMISSION

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 3501. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Panama Canal

16 Commission Authorization Act, Fiscal Year 1997’’.

17 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

18 (a) IN GENERAL.—Subject to subsection (b), the

19 Panama Canal Commission is authorized to use amounts

20 in the Panama Canal Commission Revolving Fund to

21 make such expenditures within the limits of funds and

22 borrowing authority available to it in accordance with law,

23 and to make such contracts and commitments, as may be

24 necessary under the Panama Canal Act of 1979 (22

25 U.S.C. 3601 et seq.) for the operation, maintenance, im-
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1 provement, and administration of the Panama Canal for

2 fiscal year 1997.

3 (b) LIMITATIONS.—For fiscal year 1997, the Panama

4 Canal Commission may expend funds in the Panama

5 Canal Commission Revolving Fund not more than

6 $73,000 for reception and representation expenses, of

7 which—

8 (1) not more than $18,000 may be used for of9 ficial reception and representation expenses of the

10 Supervisory Board of the Commission;

11 (2) not more than $10,000 may be used for of12 ficial reception and representation expenses of the

13 Secretary of the Commission; and

14 (3) not more than $45,000 may be used for of15 ficial reception and representation expenses of the

16 Administrator of the Commission.

17 SEC. 3503. PURCHASE OF VEHICLES.

18 Notwithstanding any other provisions of law, the

19 funds available to the Commission shall be available for

20 the purchase and transportation to the Republic of Pan21 ama, of passenger motor vehicles built in the United

22 States, including large, heavy-duty vehicles.
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1 SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH

2 TREATIES.

3 Expenditures authorized under this subtitle may be

4 made only in accordance with the Panama Canal Treaties

5 of 1977 and any law of the United States implementing

6 those treaties.

7 Subtitle B—Amendments to

8 Panama Canal Act of 1979

9 SEC. 3521. SHORT TITLE; REFERENCES.

10 (a) SHORT TITLE.—This subtitle may be cited as the

11 ‘‘Panama Canal Act Amendments of 1996’’.

12 (b) REFERENCES.—Except as otherwise expressly

13 provided, whenever in this subtitle an amendment or re14 peal is expressed in terms of an amendment to, or repeal

15 of, a section or other provision, the reference shall be con16 sidered to be made to a section or other provision of the

17 Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).

18 SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEG19 ISLATION.

20 (a) IN GENERAL.—In section 3 (22 U.S.C. 3602)—

21 (1) the heading is amended to read as follows:

22 ‘‘DEFINITIONS

23 (2) in subsection (b), by inserting ‘‘and’’ after

24 the semicolon at the end of paragraph (4), by strik25 ing the semicolon at the end of paragraph (5) and
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1 inserting a period, and striking paragraphs (6) and

2 (7); and

3 (3) by striking subsection (d).

4 (b) CLERICAL AMENDMENT.—The table of contents

5 in section 1 is amended in the item relating to section 3

6 by striking ‘‘and recommendation for legislation’’.

7 SEC. 3523. ADMINISTRATOR.

8 (a) IN GENERAL.—Section 1103 (22 U.S.C. 3613)

9 is amended to read as follows:

10 ‘‘ADMINISTRATOR

11 ‘‘SEC. 1103. (a) There shall be an Administrator of

12 the Commission who shall be appointed by the President,

13 by and with the advice and consent of the Senate, and

14 shall hold office at the pleasure of the President.

15 ‘‘(b) The Administrator shall be paid compensation

16 in an amount, established by the Board, not to exceed level

17 III of the Executive Schedule.’’.

18 (b) SAVINGS PROVISIONS.—Nothing in this section

19 (or section 3549(3)) shall be considered to affect—

20 (1) the tenure of the individual serving as Ad21 ministrator of the Commission on the day before

22 subsection (a) takes effect; or

23 (2) until modified under section 1103(b) of the

24 Panama Canal Act of 1979, as amended by sub25 section (a), the compensation of the individual so

26 serving.
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1 SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.

2 (a) IN GENERAL.—Section 1104 (22 U.S.C. 3614)

3 is amended to read as follows:

4 ‘‘DEPUTY ADMINISTRATOR

5 ‘‘SEC. 1104. (a) There shall be a Deputy Adminis6 trator of the Commission who shall be appointed by the

7 President. The Deputy Administrator shall perform such

8 duties as may be prescribed by the Board.

9 ‘‘(b) The Deputy Administrator shall be paid com10 pensation at a rate of pay, established by the Board, which

11 does not exceed the rate of basic pay in effect for level

12 IV of the Executive Schedule, and, if eligible, shall be paid

13 the overseas recruitment and retention difference provided

14 for in section 1217 of this Act.’’.

15 (b) CLERICAL AMENDMENT.—The table of contents

16 in section 1 is amended in the item relating to section

17 1104 by striking ‘‘and Chief Engineer’’.

18 (c) SAVINGS PROVISIONS.—Nothing in this section

19 shall be considered to affect—

20 (1) the tenure of the individual serving as Dep21 uty Administrator of the Commission on the day be22 fore subsection (a) takes effect; or

23 (2) until modified under section 1104(b) of the

24 Panama Canal Act of 1979, as amended by sub25 section (a), the compensation of the individual so

26 serving.
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1 SEC. 3525. OFFICE OF OMBUDSMAN.

2 Section 1113 (22 U.S.C. 3623) is amended by strik3 ing subsection (d) and redesignating subsection (e) as sub4 section (d).

5 SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.

6 Section 1202 (22 U.S.C. 3642) is amended to read

7 as follows:

8 ‘‘APPOINTMENT AND COMPENSATION; DUTIES

9 ‘‘SEC. 1202. (a) In accordance with this chapter, the

10 Commission may appoint, fix the compensation of, and de11 fine the authority and duties of officers and employees

12 (other than the Administrator and Deputy Administrator)

13 necessary for the management, operation, and mainte14 nance of the Panama Canal and its complementary works,

15 installations, and equipment.

16 ‘‘(b) Individuals serving in any Executive agency

17 (other than the Commission) or the Smithsonian Institu18 tion, including individuals in the uniform services, may,

19 if appointed under this section or section 1104 of this Act,

20 serve as officers or employees of the Commission.’’.

21 SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.

22 (a) IN GENERAL.—Section 1209 (22 U.S.C. 3649)

23 is amended to read as follows:

24 ‘‘APPLICABILITY OF CERTAIN BENEFITS

25 ‘‘SEC. 1209. Chapter 81 of title 5, United States

26 Code, relating to compensation for work injuries, chapters
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1 83 and 84 of such title 5, relating to retirement, chapter

2 87 of such title 5, relating to life insurance, and chapter

3 89 of such title 5, relating to health insurance, are applica4 ble to Commission employees, except any individual—

5 ‘‘(1) who is not a citizen of the United States;

6 ‘‘(2) whose initial appointment by the Commis7 sion occurs after October 1, 1979; and

8 ‘‘(3) who is covered by the Social Security Sys9 tem of the Republic of Panama pursuant to any pro10 vision of the Panama Canal Treaty of 1977 and re11 lated agreements.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents

13 in section 1 is amended by striking the item relating to

14 section 1209 and inserting the following:

‘‘Sec. 1209. Applicability of certain benefits.’’.

15 SEC. 3528. TRAVEL AND TRANSPORTATION EXPENSES.

16 Section 1210 (22 U.S.C. 3650) is amended to read

17 as follows:

18 ‘‘TRAVEL AND TRANSPORTATION EXPENSES

19 ‘‘SEC. 1210. (a) Subject to subsections (b) and (c),

20 the Commission may pay travel and transportation ex21 penses for employees in accordance with subchapter II of

22 chapter 57 of title 5, United States Code.

23 ‘‘(b) For an employee to whom section 1206 applies,

24 the Commission may pay travel and transportation ex25 penses associated with vacation leave for the employee and
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1 the immediate family of the employee notwithstanding re2 quirements regarding periods of service established by

3 subchapter II of chapter 57 of title 5, United States Code,

4 or the regulations promulgated thereunder.

5 ‘‘(c) For an employee to whom section 1206 does not

6 apply, the Commission may pay travel and transportation

7 expenses associated with vacation leave for the employee

8 and the immediate family of the employee notwithstanding

9 requirements regarding a written agreement concerning

10 the duration of a continuing service obligation established

11 by subchapter II of chapter 57 of title 5, United States

12 Code or the regulations promulgated thereunder.’’.

13 SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.

14 Subparagraph (B) of section 1211(1) (22 U.S.C.

15 3651(1)(B)) is amended to read as follows:

16 ‘‘(B) any other Executive agency or the

17 Smithsonian Institution, to the extent of any

18 election in effect under section 1212(b) of this

19 Act;’’.

20 SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT

21 AND OTHER EMPLOYMENT REQUIREMENTS.

22 (a) IN GENERAL.—Section 1212 (22 U.S.C. 3652)

23 is amended to read as follows:
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1 ‘‘PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND

2 OTHER EMPLOYMENT REQUIREMENTS

3 ‘‘SEC. 1212. (a) The Commission shall establish a

4 Panama Canal Employment System and prescribe the reg5 ulations necessary for its administration. The Panama

6 Canal Employment System shall—

7 ‘‘(1) be established in accordance with and be

8 subject to the provisions of the Panama Canal Trea9 ty of 1977 and related agreements, the provisions of

10 this chapter, and any other applicable provision of

11 law;

12 ‘‘(2) be based on the consideration of the merit

13 of each employee or candidate for employment and

14 the qualifications and fitness of the employee to hold

15 the position concerned;

16 ‘‘(3) conform, to the extent practicable and con17 sistent with the provisions of this Act, to the poli18 cies, principles, and standards applicable to the com19 petitive service;

20 ‘‘(4) in the case of employees who are citizens

21 of the United States, provide for the appropriate

22 interchange of those employees between positions

23 under the Panama Canal Employment System and

24 positions in the competitive service; and
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1 ‘‘(5) not be subject to the provisions of title 5,

2 United States Code, unless specifically made applica3 ble by this Act.

4 ‘‘(b)(1) The head of any Executive agency (other

5 than the Commission) and the Smithsonian Institution

6 may elect to have the Panama Canal Employment System

7 made applicable in whole or in part to personnel of that

8 agency in the Republic of Panama.

9 ‘‘(2) Any Executive agency (other than the Commis10 sion) and the Smithsonian Institution, to the extent of any

11 election under paragraph (1), shall conduct its employ12 ment and pay practices relating to employees in accord13 ance with the Panama Canal Employment System.

14 ‘‘(c) The Commission may exclude any employee or

15 position from coverage under any provision of this sub16 chapter, other than the interchange rights extended under

17 subsection (a)(4).’’.

18 (b) SAVINGS PROVISIONS.—The Panama Canal Em19 ployment System and all elections, rules, regulations, and

20 orders relating thereto, as last in effect before the amend21 ment made by subsection (a) takes effect, shall continue

22 in effect, according to their terms, until modified, termi23 nated, or superseded under section 1212 of the Panama

24 Canal Act of 1979, as amended by subsection (a).
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1 SEC. 3531. EMPLOYMENT STANDARDS.

2 Section 1213 (22 U.S.C. 3653) is amended in the

3 first sentence by striking ‘‘The head of each agency’’ and

4 inserting ‘‘The Commission’’.

5 SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING

6 INTERIM APPLICATION OF CANAL ZONE

7 MERIT SYSTEM.

8 (a) REPEAL.—Section 1214 (22 U.S.C. 3654) is re9 pealed.

10 (b) CLERICAL AMENDMENT.—The table of contents

11 in section 1 is amended by striking the item relating to

12 section 1214.

13 SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUIT14 MENT AND RETENTION REMUNERATION.

15 Section 1217(d) (22 U.S.C. 3657(d)) is repealed.

16 SEC. 3534. BENEFITS BASED ON BASIC PAY.

17 Section 1218(2) (22 U.S.C. 3658(2)) is amended to

18 read as follows:

19 ‘‘(2) benefits under subchapter III of chapter

20 83 and subchapter II of chapter 84 of title 5, United

21 States Code, relating to retirement;’’.

22 SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AU23 THORITY OF COMMISSION.

24 (a) IN GENERAL.—Section 1223 (22 U.S.C. 3663)

25 is amended to read as follows:
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1 ‘‘CENTRAL EXAMINING OFFICE

2 ‘‘SEC. 1223. The Commission shall establish a

3 Central Examining Office. The purpose of the office shall

4 be to implement the provisions of the Panama Canal Trea5 ty of 1977 and related agreements with respect to recruit6 ment, examination, determination of qualification stand7 ards, and similar matters relating to employment of the

8 Commission.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents

10 in section 1 is amended by striking the item relating to

11 section 1223 and inserting the following:

‘‘Sec. 1223. Central Examining Office.’’.

12 SEC. 3536. APPLICABILITY OF CERTAIN LAWS.

13 (a) IN GENERAL.—Section 1224 (22 U.S.C. 3664)

14 is amended to read as follows:

15 ‘‘APPLICABILITY OF TITLE 5, UNITED STATES CODE

16 ‘‘SEC. 1224. The following provisions of title 5, Unit17 ed States Code, apply to the Panama Canal Commission:

18 ‘‘(1) Part I of title 5 (relating to agencies gen19 erally).

20 ‘‘(2) Chapter 21 (relating to employee defini21 tions).

22 ‘‘(3) Section 2302(b)(8) (relating to whistle23 blower protection) and all provisions of title 5 relat24 ing to the administration or enforcement or any

25 other aspect thereof, as identified in regulations pre-
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1 scribed by the Commission in consultation with the

2 Office of Personnel Management.

3 ‘‘(4) All provisions relating to preference eligi4 bles.

5 ‘‘(5) Section 5514 (relating to offset from sal6 ary).

7 ‘‘(6) Section 5520a (relating to garnishments).

8 ‘‘(7) Sections 5531-5535 (relating to dual pay

9 and employment).

10 ‘‘(8) Subchapter VI of chapter 55 (relating to

11 accumulated and accrued leave).

12 ‘‘(9) Subchapter IX of chapter 55 (relating to

13 severance and back pay).

14 ‘‘(10) Chapter 57 (relating to travel and trans15 portation).

16 ‘‘(11) Chapter 59 (relating to allowances).

17 ‘‘(12) Chapter 63 (relating to leave).

18 ‘‘(13) Section 6323 (relating to military leave;

19 Reserves and National Guardsmen).

20 ‘‘(14) Chapter 71 (relating to labor relations).

21 ‘‘(15) Subchapters II and III of chapter 73 (re22 lating to employment limitations and political activi23 ties, respectively) and all provisions of title 5 relat24 ing to the administration or enforcement or any

25 other aspect thereof, as identified in regulations pre-
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1 scribed by the Commission in consultation with the

2 Office of Personnel Management.

3 ‘‘(16) Chapter 81 (relating to compensation for

4 work injuries).

5 ‘‘(17) Chapters 83 and 84 (relating to retire6 ment).

7 ‘‘(18) Chapter 85 (relating to unemployment

8 compensation).

9 ‘‘(19) Chapter 87 (relating to life insurance).

10 ‘‘(20) Chapter 89 (relating to health insur11 ance).’’.

12 (b) CLERICAL AMENDMENT.—The table of contents

13 in section 1 is amended by striking the item relating to

14 section 1224 and inserting the following:

‘‘Sec. 1224. Applicability of title 5, United States Code.’’.

15 SEC. 3537. REPEAL OF PROVISION RELATING TO TRANS16 FERRED OR REEMPLOYED EMPLOYEES.

17 Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is re18 pealed.

19 SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENE20 FITS.

21 (a) IN GENERAL.—Section 1245 (22 U.S.C. 3682)

22 is amended by striking so much as precedes subsection

23 (b) and inserting the following:
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1 ‘‘ADMINISTRATION OF CERTAIN DISABILITY BENEFITS

2 ‘‘SEC. 1245. (a)(1) The Commission, or any other

3 United States Government agency or private entity acting

4 pursuant to an agreement with the Commission, under the

5 Act entitled ‘An Act authorizing cash relief for certain em6 ployees of the Panama Canal not coming within the provi7 sions of the Canal Zone Retirement Act’, approved July

8 8, 1937 (50 Stat. 478; 68 Stat. 17), may continue the

9 payments of cash relief to those individual former employ10 ees of the Canal Zone Government or Panama Canal Com11 pany or their predecessor agencies not coming within the

12 scope of the former Canal Zone Retirement Act whose

13 services were terminated prior to October 5, 1958, because

14 of unfitness for further useful service by reason of mental

15 or physical disability resulting from age or disease.

16 ‘‘(2) Subject to subsection (b), cash relief under this

17 subsection may not exceed $1.50 per month for each year

18 of service of the employees so furnished relief, with a maxi19 mum of $45 per month, plus the amount of any cost-of20 living increases in such cash relief granted before October

21 1, 1979, pursuant to section 181 of title 2 of the Canal

22 Zone Code (as in effect on September 30, 1979), nor be

23 paid to any employee who, at the time of termination for

24 disability prior to October 5, 1958, had less than 10 years’

25 service with the Canal Zone Government, the Panama
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1 Canal Company, or their predecessor agencies on the Isth2 mus of Panama.’’.

3 (b) CLERICAL AMENDMENT.—The table of contents

4 in section 1 is amended by striking the item relating to

5 section 1245 and inserting the following:

‘‘Sec. 1245. Administration of certain disability benefits.’’.

6 SEC. 3539. PANAMA CANAL REVOLVING FUND.

7 Section 1302 of the Panama Canal Act of 1979 (22

8 U.S.C. 3712) is amended to read as follows:

9 ‘‘PANAMA CANAL REVOLVING FUND

10 ‘‘SEC. 1302. (a) There is established in the Treasury

11 of the United States a revolving fund to be known as ‘Pan12 ama Canal Revolving Fund’. The Panama Canal Revolv13 ing Fund shall, subject to subsection (b), be available to

14 the Commission to carry out the purposes, functions, and

15 powers authorized by this Act, including for—

16 ‘‘(1) the hire of passenger motor vehicles and

17 aircraft;

18 ‘‘(2) uniforms or allowances therefor;

19 ‘‘(3) official receptions and representation ex20 penses of the Board, the Secretary of the Commis21 sion, and the Administrator;

22 ‘‘(4) the operation of guide services;

23 ‘‘(5) a residence for the Administrator;

24 ‘‘(6) disbursements by the Administrator for

25 employee and community projects;
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1 ‘‘(7) the procurement of expert and consultant

2 services;

3 ‘‘(8) promotional activities, including the prepa4 ration, distribution, or use of any kit, pamphlet,

5 booklet, publication, radio, television, film, or other

6 media presentation designed to promote the Panama

7 Canal as a resource of the world shipping industry;

8 and

9 ‘‘(9) the purchase and transportation to the Re10 public of Panama of passenger motor vehicles built

11 in the United States, including large, heavy-duty ve12 hicles.

13 ‘‘(b)(1) There shall be deposited in the Panama

14 Canal Revolving Fund, on a continuing basis, toll receipts

15 (other than amounts of toll receipts deposited into the

16 Panama Canal Commission Dissolution Fund under sec17 tion 1305) and all other receipts of the Commission. Ex18 cept as provided in section 1303, no funds may be obli19 gated or expended by the Commission in any fiscal year

20 unless such obligation or expenditure has been specifically

21 authorized by law.

22 ‘‘(2) No funds may be authorized for the use of the

23 Commission, or obligated or expended by the Commission

24 in any fiscal year, in excess of—
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1 ‘‘(A) the amount of revenues deposited in the

2 Panama Canal Revolving Fund and the Panama

3 Canal Dissolution Fund during such fiscal year, plus

4 ‘‘(B) the amount of revenues deposited in the

5 Panama Canal Revolving Fund before such fiscal

6 year and remaining unobligated at the beginning of

7 such fiscal year; plus

8 ‘‘(C) the $100,000,000 borrowing authority

9 provided for in section 1304 of this Act.

10 Not later than 30 days after the end of each fiscal year,

11 the Secretary of the Treasury shall report to the Congress

12 the amount of revenues deposited in the Panama Canal

13 Revolving Fund during such fiscal year.

14 ‘‘(c) With the approval of the Secretary of the Treas15 ury, the Commission may deposit amounts in the Panama

16 Canal Revolving Fund in any Federal Reserve bank, any

17 depository for public funds, or such other place and in

18 such manner as the Commission and the Secretary may

19 agree.

20 ‘‘(d)(1) It is the sense of the Congress that the addi21 tional costs resulting from the implementation of the Pan22 ama Canal Treaty of 1977 and related agreements should

23 be kept to the absolute minimum level. To this end, the

24 Congress declares appropriated costs of implementation to

25 be borne by the taxpayers over the life of such Treaty
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1 should be kept to a level no greater than the March 1979

2 estimate of those costs ($870,700,000) presented to the

3 Congress by the executive branch during consideration of

4 this Act by the Congress, less personnel retirement costs

5 of $205,000,000, which were subtracted and charged to

6 tolls, therefore resulting in net taxpayer cost of approxi7 mately $665,700,000, plus appropriate adjustments for

8 inflation.

9 ‘‘(2) It is further the sense of the Congress that the

10 actual costs of implementation be consistent with the obli11 gations of the United States to operate the Panama Canal

12 safely and efficiently and keep it secure.’’.

13 SEC. 3540. PRINTING.

14 (a) IN GENERAL.—Title I is amended in chapter 3

15 (22 U.S.C. 3711 et seq.) by adding at the end of sub16 chapter I the following new section:

17 ‘‘PRINTING

18 ‘‘SEC. 1306. (a) Section 501 of title 44, United

19 States Code, shall not apply to direct purchase by the

20 Commission for its use of printing, binding, and blank21 book work in the Republic of Panama when the Commis22 sion determines that such direct purchase is in the best

23 interest of the Government.

24 ‘‘(b) This section shall not affect the Commission’s

25 authority, under chapter 5 of title 44, United States Code,

26 to operate a field printing plant.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 in section 1 is amended by inserting after the item relating

3 to section 1305 the following new item:

‘‘Sec. 1306. Printing.’’.

4 SEC. 3541. ACCOUNTING POLICIES.

5 Section 1311 (22 U.S.C. 3721), the first sentence in

6 subsection (a) is amended to read as follows: ‘‘The Com7 mission shall establish and maintain its accounts in ac8 cordance with chapter 91 of title 31, United States Code,

9 and the provisions of this chapter.’’.

10 SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.

11 Section 1321(e) (22 U.S.C. 3731(e)) is amended by

12 adding at the end the following sentence:

13 ‘‘Notwithstanding section 5924 of title 5, United States

14 Code, the Commission shall by regulation determine the

15 extent to which costs of educational services may be de16 frayed under this subsection.’’.

17 SEC. 3543. POSTAL SERVICE.

18 Section 1331 (22 U.S.C. 3741) is amended to read

19 as follows:

20 ‘‘POSTAL SERVICE

21 ‘‘SEC. 1331. (a) The Commission shall take posses22 sion of and administer the funds of the Canal Zone postal

23 service and shall assume its obligations.

24 ‘‘(b) Effective December 1, 1999, neither the Com25 mission nor the United States Government shall be re-
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1 sponsible for the distribution of any accumulated unpaid

2 balances relating to Canal Zone postal-savings deposits,

3 postal-savings certificates, and postal money orders.

4 ‘‘(c) Mail addressed to the Canal Zone from or

5 through the continental United States may be routed by

6 the United States Postal Service to the military post of7 fices of the United States Armed Forces in the Republic

8 of Panama. Such military post offices shall provide the

9 required directory services and shall accept such mail to

10 the extent permitted under the Panama Canal Treaty of

11 1977 and related agreements. The Commission shall fur12 nish personnel, records, and other services to such military

13 post offices to assure wherever appropriate the distribu14 tion, rerouting, or return of such mail.’’.

15 SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIV16 ING RISE TO CLAIM.

17 Section 1417(1) (22 U.S.C. 3777(1)) is amended to

18 read as follows:

19 ‘‘(1) an investigation of the accident or injury

20 giving rise to the claim has been completed, which

21 shall include a hearing by the Board of Local In22 spectors of the Commission; and’’.

23 SEC. 3545. OPERATIONS REGULATIONS.

24 Section 1801 (22 U.S.C. 3811) is amended by strik25 ing ‘‘President’’ and inserting ‘‘Commission’’.
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1 SEC. 3546. MISCELLANEOUS REPEALS.

2 (a) REPEALS.—The following provisions are repealed:

3 (1) Section 1605 (22 U.S.C. 3795), relating to

4 interim toll adjustment.

5 (2) Section 1701 (22 U.S.C. 3801), relating to

6 the authority of the President to prescribe certain

7 regulations.

8 (3) Section 1702 (22 U.S.C. 3802), relating to

9 the authority of the Panama Canal Commission to

10 prescribe certain regulations.

11 (4) Title II (22 U.S.C. 3841–3852), relating to

12 the Treaty transition period.

13 (5) Chapter 1 of title III (22 U.S.C. 3861), re14 lating to cemeteries.

15 (6) Section 1246, relating to appliances for cer16 tain injured employees.

17 (7) Section 1251, relating to leave for jury or

18 witness service.

19 (8) Section 1301, relating to Canal Zone Gov20 ernment funds.

21 (9) Section 1313(c), relating to audits.

22 (b) CLERICAL AMENDMENTS.—Section 1 is amended

23 in the table of contents by striking each of the items relat24 ing to a title, chapter, or section repealed by subsection

25 (a).
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1 SEC. 3547. EXEMPTION.

2 (a) IN GENERAL.—Section 3302 is amended to read

3 as follows:

4 ‘‘EXEMPTION

5 ‘‘SEC. 3302. The Commission is exempt from the pro6 visions of subchapter II of chapter 6 of title 15, United

7 States Code.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 in section 1 is amended by striking the item relating to

10 section 3302 and inserting the following:

‘‘Sec. 3302. Exemption.’’.

11 SEC. 3548. MISCELLANEOUS CONFORMING AMENDMENTS

12 TO TITLE 5, UNITED STATES CODE.

13 Title 5, United States Code, is amended—

14 (1) in section 3401(1) by striking clause (v)

15 and redesignating clauses (vi) through (viii) as

16 clauses (v) through (vii), respectively;

17 (2) in section 5102(a)(1) by striking clause (vi)

18 and redesignating clauses (vii) through (xi) as

19 clauses (vi) through (ix), respectively;

20 (3) in section 5315 by striking ‘‘Administrator

21 of the Panama Canal Commission.’’;

22 (4) in section 5342(a)(1) by striking subpara23 graph (G) and redesignating subparagraphs (H)

24 through (L) as subparagraphs (G) through (K), re25 spectively;
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1 (5) in section 5343(a)(5) by striking ‘‘the areas

2 and installations’’ and all that follows through ‘‘Pan3 ama Canal Act of 1979),’’;

4 (6) in section 5348—

5 (A) by striking subsection (b) and redesig6 nating subsection (c) as subsection (b); and

7 (B) in subsection (a) by striking ‘‘sub8 sections (b) and (c)’’ and inserting ‘‘subsection

9 (b)’’;

10 (7) in section 5373 by striking paragraph (1)

11 and redesignating paragraphs (2) through (4) as

12 paragraphs (1) through (3), respectively;

13 (8) in section 5537(c) by striking ‘‘the United

14 States District Court for the District of the Canal

15 Zone, the District Court of Guam, and the District

16 Court of the Virgin Islands.’’ and inserting ‘‘the Dis17 trict Court of Guam and the District Court of the

18 Virgin Islands.’’;

19 (9) in section 5541(2)(xii)—

20 (A) by inserting ‘‘or’’ after ‘‘Services Ad21 ministration,’’; and

22 (B) by striking ‘‘, or a vessel employee of

23 the Panama Canal Commission’’;

24 (10) in section 7901 by amending subsection (f)

25 to read as follows:
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1 ‘‘(f) The health programs conducted by the Ten2 nessee Valley Authority are not affected by this section.’’;

3 (11) in section 5102(c) by repealing paragraph

4 (12);

5 (12) in section 5924(3) by striking the last sen6 tence thereof; and

7 (13) in section 6322(a) by striking ‘‘, or the

8 Republic of Panama’’.

9 SEC. 3549. REPEAL OF PANAMA CANAL CODE.

10 Section 3303 (22 U.S.C. 3602 note) is amended by

11 adding at the end the following new subsection:

12 ‘‘(c) The Panama Canal Code is repealed effective on

13 the date of the enactment of the Panama Canal Act

14 Amendments of 1996.’’.

15 SEC. 3550. MISCELLANEOUS CLERICAL AND CONFORMING

16 AMENDMENTS.

17 (a) CLERICAL AMENDMENTS.—The table of contents

18 in section 1 is amended in the items relating to sections

19 1101, 1102a, 1102b, and 1313 by inserting ‘‘Sec.’’ before

20 the section number.
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1 (b) CONFORMING AMENDMENT.—Section 1303 (22

2 U.S.C. 3713) is amended by striking ‘‘section 1302(c)(1)’’

3 each place it appears and inserting ‘‘section 1302(b)(1)’’.

Passed the House of Representatives May 15, 1996.

Attest:

Clerk.