In the Senate of the United States,

July 10, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3230) entitled ‘‘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.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 1997’’.

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

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Department of Defense Author9 izations.
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1 (2) Division B—Military Construction Author2 izations.

3 (3) Division C—Department of Energy National

4 Security Authorizations and Other Authorizations.

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

6 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

Sec. 4. General limitation.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health program.

Sec. 109. Defense Nuclear Agency.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement of Javelin missile system.

Sec. 112. Army assistance for Chemical Demilitarization Citizens’ Advisory Commissions.

Sec. 113. Study regarding neutralization of the chemical weapons stockpile.

Sec. 114. Permanent authority to carry out arms initiative.

Sec. 115. Type classification of Electro Optic Augmentation (EOA) system.

Sec. 116. Bradley TOW 2 Test Program sets.

Sec. 117. Demilitarization of assembled chemical munitions.

Subtitle C—Navy Programs

Sec. 121. EA–6B aircraft reactive jammer program.

Sec. 122. Penguin missile program.

Sec. 123. Nuclear attack submarine programs.

Sec. 124. Arleigh Burke class destroyer program.

Sec. 125. Maritime prepositioning ship program enhancement.

Sec. 126. Additional exception from cost limitation for Seawolf submarine program.

Sec. 127. Radar modernization.
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Subtitle D—Air Force Programs

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

Subtitle E—Reserve Components

Sec. 141. Assessments of modernization priorities of the reserve components.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Defense Nuclear Agency.

Sec. 204. Funds for research, development, test, and evaluation relating to humanitarian demining technologies.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Space launch modernization.

Sec. 212. Department of Defense Space Architect.

Sec. 213. Space-based infrared system program.

Sec. 214. Research for advanced submarine technology.

Sec. 215. Clementine 2 micro-satellite development program.

Sec. 216. Tier III minus unmanned aerial vehicle.

Sec. 217. Defense airborne reconnaissance program.

Sec. 218. Cost analysis of F–22 aircraft program.

Sec. 219. F–22 aircraft program reports.

Sec. 220. Nonlethal weapons and technologies programs.

Sec. 221. Counterproliferation support program.

Sec. 222. Federally funded research and development centers and university-affiliated research centers.

Sec. 223. Advanced submarine technologies.

Sec. 224. Funding for basic research in nuclear seismic monitoring.

Sec. 225. Cyclone class craft self-defense.

Sec. 226. Computer-assisted education and training.

Sec. 227. Seamless High Off-Chip Connectivity.

Sec. 228. Cost-benefit analysis of F/A–18E/F aircraft program.

Sec. 229. National Polar-Orbiting Operational Environmental Satellite System.

Sec. 230. Surgical strike vehicle for use against hardened and deeply buried targets.

Subtitle C—Ballistic Missile Defense

Sec. 231. Conversion of ABM treaty to multilateral treaty.

Sec. 232. Funding for upper tier theater missile defense systems.

Sec. 233. Elimination of requirements for certain items to be included in the annual report on the ballistic missile defense program.

Sec. 234. ABM treaty defined.

Sec. 235. Scorpius space launch technology program.

Sec. 236. Corps SAM/MEADS program.

Sec. 237. Annual report on threat of attack by ballistic missiles carrying nuclear,

chemical, or biological warheads.

Sec. 238. Air Force national missile defense plan.
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Sec. 239. Extension of prohibition on use of funds to implement an international

agreement concerning theater missile defense systems.

Subtitle D—Other Matters

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

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

Sec. 243. Amendment to University Research Initiative Support Program.

Sec. 244. Desalting technologies.

Subtitle E—National Oceanographic Partnership

Sec. 251. Short title.

Sec. 252. National Oceanographic Partnership Program.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Defense Nuclear Agency.

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

Sec. 305. Civil Air Patrol.

Sec. 306. SR–71 contingency reconnaissance force.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Funding for second and third maritime prepositioning ships out of National Defense Sealift Fund.

Sec. 312. National Defense Sealift Fund.

Sec. 313. Nonlethal weapons capabilities.

Sec. 314. Restriction on Coast Guard funding.

Sec. 315. Ocenographic ship operations and data analysis.

Subtitle C—Depot-Level Activities

Sec. 321. Department of Defense performance of core logistics functions.

Sec. 322. Increase in percentage limitation on contractor performance of depotlevel maintenance and repair workloads.

Sec. 323. Report on depot-level maintenance and repair.

Sec. 324. Depot-level maintenance and repair workload defined.

Sec. 325. Strategic plan relating to depot-level maintenance and repair.

Sec. 326. Annual report on competitive procedures.

Sec. 327. Annual risk assessments regarding private performance of depot-level

maintenance work.

Sec. 328. Extension of authority for naval shipyards and aviation depots to engage in defense-related production and services.

Sec. 329. Limitation on use of funds for F–18 aircraft depot maintenance.

Sec. 330. Depot maintenance and repair at facilities closed by BRAC.

Subtitle D—Environmental Provisions

Sec. 341. Establishment of separate environmental restoration accounts for each

military department.

Sec. 342. Defense contractors covered by requirement for reports on contractor reimbursement costs for response actions.
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Sec. 343. Repeal of redundant notification and consultation requirements regarding remedial investigations and feasibility studies at certain installations to be closed under the base closure laws.

Sec. 344. Payment of certain stipulated civil penalties.

Sec. 345. Authority to withhold listing of Federal facilities on National Priorities

List.

Sec. 346. Authority to transfer contaminated Federal property before completion

of required remedial actions.

Sec. 347. Clarification of meaning of uncontaminated property for purposes of

transfer by the United States.

Sec. 348. Shipboard solid waste control.

Sec. 349. Cooperative agreements for the management of cultural resources on

military installations.

Sec. 350. Report on withdrawal of public lands at El Centro Naval Air Facility,

California.

Sec. 351. Use of hunting and fishing permit fees collected at closed military reservations.

Sec. 352. Authority for agreements with Indian tribes for services under Environmental Restoration Program.

Subtitle E—Other Matters

Sec. 361. Firefighting and security-guard functions at facilities leased by the

Government.

Sec. 362. Authorized use of recruiting funds.

Sec. 363. Noncompetitive procurement of brand-name commercial items for resale

in commissary stores.

Sec. 364. Administration of midshipmen’s store and other Naval Academy support activities as nonappropriated fund instrumentalities.

Sec. 365. Assistance to committees involved in inauguration of the President.

Sec. 366. Department of Defense support for sporting events.

Sec. 367. Renovation of building for Defense Finance and Accounting Service

Center, Fort Benjamin Harrison, Indiana.

Sec. 368. Computer Emergency Response Team at Software Engineering Institute.

Sec. 369. Reimbursement under agreement for instruction of civilian students at

Foreign Language Institute of the Defense Language Institute.

Sec. 370. Authority of Air National Guard to provide certain services at Lincoln

Municipal Airport, Lincoln Nebraska.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary flexibility relating to permanent end strength levels.

Sec. 403. Authorized strengths for commissioned officers in grades O–4, O–5, and

O–6.

Sec. 404. Extension of requirement for recommendations regarding appointments

to joint 4-star officer positions.

Sec. 405. Increase in authorized number of general officers on active duty in the

Marine Corps.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.
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Sec. 413. Personnel management relating to assignment to service in the Selective

Service System.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

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

Sec. 502. Exception to baccalaureate degree requirement for appointment in the

Naval Reserve in grades above O–2.

Sec. 503. Time for award of degrees by unaccredited educational institutions for

graduates to be considered educationally qualified for appointment as Reserve officers in grade O–3.

Sec. 504. Chief Warrant Officer promotions.

Sec. 505. Frequency of periodic report on promotion rates of officers currently or

formerly serving in joint duty assignments.

Sec. 506. Grade of Chief of Naval Research.

Sec. 507. Service credit for senior ROTC cadets and midshipmen in simultaneous

membership program.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Clarification of definition of active status.

Sec. 512. Amendments to Reserve Officer Personnel Management Act provisions.

Sec. 513. Repeal of requirement for physical examinations of members of National Guard called into Federal service.

Sec. 514. Authority for a Reserve on active duty to waive retirement sanctuary.

Sec. 515. Retirement of Reserves disabled by injury or disease incurred or aggravated during overnight stay between inactive duty training periods.

Sec. 516. Reserve credit for participation in the Health Professions Scholarship

and Financial Assistance Program.

Sec. 517. Report on Guard and Reserve force structure.

Sec. 518. Modified end strength authorization for military technicians for the Air

National Guard for fiscal year 1997.

Subtitle C—Officer Education Programs

Sec. 521. Increased age limit on appointment as a cadet or midshipman in the

Senior Reserve Officers’ Training Corps and the service academies.

Sec. 522. Demonstration project for instruction and support of Army ROTC

units by members of the Army Reserve and National Guard.

Sec. 523. Prohibition on reorganization of Army ROTC Cadet Command of termination of Senior ROTC units pending report on ROTC.

Subtitle D—Other Matters

Sec. 531. Retirement at grade to which selected for promotion when a physical

disability is found at any physical examination.

Sec. 532. Limitations on recall of retired members to active duty.

Sec. 533. Disability coverage for officers granted excess leave for educational purposes.
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Sec. 534. Uniform policy regarding retention of members who are permanently

nonworldwide assignable.

Sec. 535. Authority to extend period for enlistment in regular component under

the delayed entry program.

Sec. 536. Career service reenlistments for members with at least 10 years of service.

Sec. 537. Revisions to missing persons authorities.

Sec. 538. Inapplicability of Soldiers’ and Sailors’ Civil Relief Act of 1940 to the

period of limitations for filing claims for corrections of military

records.

Sec. 539. Medal of Honor for certain African-American soldiers who served in

World War II.

Sec. 540. Chief and assistant chief of Army Nurse Corps.

Sec. 541. Chief and assistant chief of Air Force Nurse Corps.

Sec. 542. Waiver of time limitations for award of certain decorations to specified

persons.

Sec. 543. Military Personnel Stalking Punishment and Prevention Act of 1996.

Subtitle E—Commissioned Corps of the Public Health Service

Sec. 561. Applicability to Public Health Service of prohibition on crediting cadet

or midshipmen service at the service academies.

Sec. 562. Exception to grade limitations for Public Health Service officers assigned to the Department of Defense.

Subtitle F—Defense Economic Adjustment, Diversification,

Conversion, and Stabilization

Sec. 571. Authority to expand law enforcement placement program to include

firefighters.

Sec. 572. Troops-to-teachers program improvements.

Subtitle G—Armed Forces Retirement Home

Sec. 581. References to Armed Forces Retirement Home Act of 1991.

Sec. 582. Acceptance of uncompensated services.

Sec. 583. Disposal of real property.

Sec. 584. Matters concerning personnel.

Sec. 585. Fees for residents.

Sec. 586. Authorization of appropriations.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Rate of cadet and midshipman pay.

Sec. 603. Pay of senior noncommissioned officers while hospitalized.

Sec. 604. Basic allowance for quarters for members assigned to sea duty.

Sec. 605. Uniform applicability of discretion to deny an election not to occupy

Government quarters.

Sec. 606. Family separation allowance for members separated by military orders

from spouses who are members.

Sec. 607. Waiver of time limitations for claim for pay and allowances.
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Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

pays.

Sec. 614. Increased special pay for dental officers of the Armed Forces.

Sec. 615. Retention special pay for Public Health Service optometrists.

Sec. 616. Special pay for nonphysician health care providers in the Public

Health Service.

Sec. 617. Foreign language proficiency pay for Public Health Service and National Oceanic and Atmospheric Administration officers.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Round trip travel allowances for shipping motor vehicles at Government

expense.

Sec. 622. Option to store instead of transport a privately owned vehicle at the

expense of the United States.

Sec. 623. Deferral of travel with travel and transportation allowances in connection with leave between consecutive overseas tours.

Sec. 624. Funding for transportation of household effects of Public Health Service

officers.

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

Sec. 631. Effective date for military retiree cost-of-living adjustment for fiscal

year 1998.

Sec. 632. Allotment of retired or retainer pay.

Sec. 633. Cost-of-living increases in SBP contributions to be effective concurrently

with payment of related retired pay cost-of-living increases.

Sec. 634. Annuities for certain military surviving spouses.

Sec. 635. Adjusted annual income limitation applicable to eligibility for income

supplement for certain widows of members of the uniformed services.

Sec. 636. Prevention of circumvention of court order by waiver of retired pay to

enhance civil service retirement annuity.

Subtitle E—Other Matters

Sec. 641. Reimbursement for adoption expenses incurred in adoptions through

private placements.

Sec. 642. Waiver of recoupment of amounts withheld for tax purposes from certain separation pay received by involuntarily separated members and former members of the Armed Forces.

Sec. 643. Payment to Vietnamese commandos captured and interned by North

Vietnam.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—General

Sec. 701. Implementation of requirement for Selected Reserve dental insurance

plan.

Sec. 702. Dental insurance plan for military retirees and certain dependents.
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Sec. 703. Uniform composite health care system software.

Sec. 704. Enhancement of third-party collection and secondary payer authorities

under CHAMPUS.

Sec. 705. Codification of authority to credit CHAMPUS collections to program

accounts.

Sec. 706. Comptroller General review of health care activities of the Department

of Defense relating to Persian Gulf illnesses.

Sec. 707. Restoration of previous policy regarding restrictions on use of Department of Defense Medical Facilities.

Sec. 708. Plans for medicare subvention demonstration programs.

Sec. 709. Research and benefits relating to Gulf War service.

Sec. 710. Preventive health care screening for colon and prostate cancer.

Subtitle B—Uniformed Services Treatment Facilities

Sec. 721. Definitions.

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

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

Sec. 724. Enrollment of covered beneficiaries.

Sec. 725. Application of CHAMPUS payment rules.

Sec. 726. Payments for services.

Sec. 727. Repeal of superseded authorities.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Procurement technical assistance programs.

Sec. 802. Extension of pilot mentor-protege program.

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

Sec. 804. Revisions to the program for the assessment of the national defense technology and industrial base.

Sec. 805. Procurements to be made from small arms industrial base firms.

Sec. 806. Exception to prohibition on procurement of foreign goods.

Sec. 807. Treatment of Department of Defense cable television franchise agreements.

Sec. 808. Remedies for reprisals against contractor employee whistleblowers.

Sec. 809. Implementation of information technology management reform.

Sec. 810. Research under transactions other than contracts and grants.

Sec. 811. Reporting requirement under demonstration project for purchase of fire,

security, police, public works, and utility services from local

Government agencies.

Sec. 812. Test programs for modernization-through-spares.

Sec. 813. Pilot program for transfer of defense technology information to private

industry.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—General Matters

Sec. 901. Repeal of reorganization of Office of Secretary of Defense.

Sec. 902. Codification of requirements relating to continued operation of the Uniformed Services University of the Health Sciences.

Sec. 903. Codification of requirement for United States Army Reserve Command.

Sec. 904. Transfer of authority to control transportation systems in time of war.
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Sec. 905. Redesignation of Office of Naval Records and History Fund and correction of related references.

Sec. 906. Role of Director of Central Intelligence in appointment and evaluation

of certain intelligence officials.

Sec. 907. Matters to be considered in next assessment of current missions, responsibilities, and force structure of the unified combatant commands.

Sec. 908. Actions to limit adverse effects of establishment of National Missile Defense Joint Program Office on private sector employment.

Subtitle B—National Imagery and Mapping Agency

Sec. 911. Short title.

Sec. 912. Findings.

PART I—ESTABLISHMENT

Sec. 921. Establishment, missions, and authority.

Sec. 922. Transfers.

Sec. 923. Compatibility with authority under the National Security Act of 1947.

Sec. 924. Other personnel management authorities.

Sec. 925. Creditable civilian service for career conditional employees of the Defense Mapping Agency.

Sec. 926. Saving provisions.

Sec. 927. Definitions.

Sec. 928. Authorization of appropriations.

PART II—CONFORMING AMENDMENTS AND EFFECTIVE DATES

Sec. 931. Redesignation and repeals.

Sec. 932. References.

Sec. 933. Headings and clerical amendments.

Sec. 934. Effective dates.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authority for obligation of certain unauthorized fiscal year 1996 defense appropriations.

Sec. 1003. Authorization of prior emergency supplemental appropriations for fiscal year 1996.

Sec. 1004. Use of funds transferred to the Coast Guard.

Sec. 1005. Use of military-to-military contacts funds for professional military

education and training.

Sec. 1006. Payment of certain expenses relating to humanitarian and civic assistance.

Sec. 1007. Reimbursement of Department of Defense for costs of disaster assistance provided outside the United States.

Sec. 1008. Fisher House Trust Fund for the Navy.

Sec. 1009. Designation and liability of disbursing and certifying officials for the

Coast Guard.

Sec. 1010. Authority to suspend or terminate collection actions against deceased

members of the Coast Guard.

Sec. 1011. Check cashing and exchange transactions with credit unions outside

the United States.
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Subtitle B—Naval Vessels and Shipyards

Sec. 1021. Authority to transfer naval vessels.

Sec. 1022. Transfer of certain obsolete tugboats of the Navy.

Sec. 1023. Repeal of requirement for continuous applicability of contracts for

phased maintenance of AE class ships.

Sec. 1024. Contract options for LMSR vessels.

Sec. 1025. Sense of the Senate concerning USS LCS 102 (LSSL 102).

Subtitle C—Counter-Drug Activities

Sec. 1031. Authority to provide additional support for counter-drug activities of

Mexico.

Sec. 1032. Limitation on defense funding of the National Drug Intelligence Center.

Sec. 1033. Investigation of the National Drug Intelligence Center.

Subtitle D—Matters Relating to Foreign Countries

Sec. 1041. Agreements for exchange of defense personnel between the United States

and foreign countries.

Sec. 1042. Authority for reciprocal exchange of personnel between the United

States and foreign countries for flight training.

Sec. 1043. Extension of counterproliferation authorities.

Sec. 1044. Prohibition on collection and release of detailed satellite imagery relating to Israel and other countries and areas.

Sec. 1045. Defense burdensharing.

Sec. 1046. Sense of the Senate concerning export controls.

Sec. 1047. Report on NATO enlargement.

Subtitle E—Miscellaneous Reporting Requirements

Sec. 1051. Annual report on emerging operational concepts.

Sec. 1052. Annual joint warfighting science and technology plan.

Sec. 1053. Report on military readiness requirements of the Armed Forces.

Sec. 1054. Annual report of reserve forces policy board.

Sec. 1055. Information on proposed funding for the Guard and Reserve components in future-years Defense programs.

Sec. 1056. Report on facilities used for testing launch vehicle engines.

Subtitle F—Other Matters

Sec. 1061. Uniform Code of Military Justice amendments.

Sec. 1062. Limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1063. Correction of references to Department of Defense organizations.

Sec. 1064. Authority of certain members of the Armed Forces to perform notarial

or consular acts.

Sec. 1065. Training of members of the uniformed services at non-Government facilities.

Sec. 1066. Third-party liability to United States for tortious infliction of injury

or disease on members of the uniformed services.

Sec. 1067. Display of State flags at installations and facilities of the Department

of Defense.

Sec. 1068. George C. Marshall European Center for Strategic Security Studies.
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Sec. 1069. Authority to award to civilian participants in the defense of Pearl

Harbor the Congressional medal previously authorized only for

military participants in the defense of Pearl Harbor.

Sec. 1070. Michael O’Callaghan Federal Hospital, Las Vegas, Nevada.

Sec. 1071. Naming of building at the Uniformed Services University of the

Health Sciences.

Sec. 1072. Sense of the Senate regarding the United States-Japan semiconductor

trade agreement.

Sec. 1073. Food donation pilot program at the service academies.

Sec. 1074. Designation of memorial as National D–Day Memorial.

Sec. 1075. Improvements to National Security Education Program.

Sec. 1076. Reimbursement for excessive compensation of contractor personnel prohibited.

Sec. 1077. Sense of the Senate on Department of Defense sharing of experiences

under military youth programs.

Sec. 1078. Sense of the Senate on Department of Defense sharing of experiences

with military child care.

Sec. 1079. Increase in penalties for certain traffic offenses on military installations.

Sec. 1080. Pharmaceutical industry special equity.

Sec. 1081. Clarification of national security systems to which the Information

Technology Management Reform Act of 1996 applies.

Sec. 1082. Sale of chemicals used to namufacture controlled substances by Federal

departments or agencies.

Sec. 1083. Operational support airlift aircraft.

Sec. 1084. Sense of Senate regarding Bosnia and Herzegovina.

Sec. 1085. Strengthening certain sanctions against nuclear proliferation activities.

Sec. 1086. Technical amendment.

Sec. 1087. Facility for military dependent children with disabilities, Lackland

Air Force Base, Texas.

Sec. 1088. Prohibition on the distribution of information relating to explosive

materials for a criminal purpose.

Sec. 1089. Exemption for savings institutions serving military personnel.

Subtitle G—Review of Armed Forces Force Structures

Sec. 1091. Short title.

Sec. 1092. Findings.

Sec. 1093. Quadrennial Defense Review

Sec. 1094. National Defense Panel.

Sec. 1095. Postponement of deadlines.

Sec. 1096. Definitions.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Subtitle A—Personnel Management, Pay, and Allowances

Sec. 1101. Scope of requirement for conversion of military positions to civilian

positions.

Sec. 1102. Retention of civilian employee positions at military training bases

transferred to National Guard.

Sec. 1103. Clarification of limitation on furnishing clothing or paying a uniform

allowance to enlisted National Guard technicians.
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Sec. 1104. Travel expenses and health care for civilian employees of the Department of Defense abroad.

Sec. 1105. Travel, transportation, and relocation allowances for certain former

nonappropriated fund employees.

Sec. 1106. Employment and salary practices applicable to Department of Defense

overseas teachers.

Sec. 1107. Employment and compensation of civilian faculty members at certain

Department of Defense schools.

Sec. 1108. Reimbursement of Department of Defense domestic dependent school

board members for certain expenses.

Sec. 1109. Extension of authority for civilian employees of Department of Defense

to participate voluntarily in reductions in force.

Sec. 1110. Compensatory time off for overtime work performed by wage-board employees.

Sec. 1111. Liquidation of restored annual leave that remains unused upon transfer of employee from installation being closed or realigned.

Sec. 1112. Waiver of requirement for repayment of voluntary separation incentive

pay by former Department of Defense employees reemployed by

the Government without pay.

Sec. 1113. Federal holiday observance rules for Department of Defense employees.

Sec. 1114. Revision of certain travel management authorities.

Subtitle B—Defense Economic Adjustment, Diversification,

Conversion, and Stabilization

Sec. 1121. Pilot programs for defense employees converted to contractor employees

due to privatization at closed military installations.

Sec. 1122. Troops-to-teachers program improvements applied to civilian personnel.

Subtitle C—Defense Intelligence Personnel

Sec. 1131. Short title.

Sec. 1132. Civilian intelligence personnel management.

Sec. 1133. Repeals.

Sec. 1134. Clerical amendments.

TITLE XII—FEDERAL CHARTER FOR THE FLEET RESERVE

ASSOCIATION

Sec. 1201. Recognition and grant of Federal charter.

Sec. 1202. Powers.

Sec. 1203. Purposes.

Sec. 1204. Service of process.

Sec. 1205. Membership.

Sec. 1206. Board of directors.

Sec. 1207. Officers.

Sec. 1208. Restrictions.

Sec. 1209. Liability.

Sec. 1210. Maintenance and inspection of books and records.

Sec. 1211. Audit of financial transactions.

Sec. 1212. Annual report.

Sec. 1213. Reservation of right to amend or repeal charter.

Sec. 1214. Tax-exempt status.

Sec. 1215. Termination.

Sec. 1216. Definition.
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TITLE XIII—DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION

Sec. 1301. Short title.

Sec. 1302. Findings.

Sec. 1303. Definitions.

Subtitle A—Domestic Preparedness

Sec. 1311. Emergency response assistance program.

Sec. 1312. Nuclear, chemical, and biological emergency response.

Sec. 1313. Military assistance to civilian law enforcement officials in emergency

situations involving biological or chemical weapons.

Sec. 1314. Testing of preparedness for emergencies involving nuclear, radiological,

chemical, and biological weapons.

Subtitle B—Interdiction of Weapons of Mass Destruction and

Related Materials

Sec. 1321. United States border security.

Sec. 1322. Nonproliferation and counter-proliferation research and development.

Sec. 1323. International Emergency Economic Powers Act.

Sec. 1324. Criminal penalties.

Sec. 1325. International border security.

Subtitle C—Control and Disposition of Weapons of Mass Destruction and Related Materials Threatening the United

States

Sec. 1331. Protection and control of materials constituting a threat to the United

States.

Sec. 1332. Verification of dismantlement and conversion of weapons and materials.

Sec. 1333. Elimination of plutonium production.

Sec. 1334. Industrial partnership programs to demilitarize weapons of mass destruction production facilities.

Sec. 1335. Lab-to-lab program to improve the safety and security of nuclear materials.

Sec. 1336. Cooperative activities on security of highly enriched uranium used for

propulsion of Russian ships.

Sec. 1337. Military-to-military relations.

Sec. 1338. Transfer authority.

Subtitle D—Coordination of Policy and Countermeasures

Against Proliferation of Weapons of Mass Destruction

Sec. 1341. National coordinator on nonproliferation.

Sec. 1342. National Security Council Committee on Nonproliferation.

Sec. 1343. Comprehensive preparedness program.

Sec. 1344. Termination.

Subtitle E—Miscellaneous

Sec. 1351. Contracting policy.

Sec. 1352. Transfers of allocations among cooperative threat reduction programs.

Sec. 1353. Additional certifications.

Sec. 1354. Purchase of low-enriched uranium derived from Russian highly enriched uranium.
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Sec. 1355. Purchase, packaging, and transportation of fissile materials at risk of

theft.

Sec. 1356. Reductions in authorization of appropriations.

TITLE XIV—FEDERAL EMPLOYEE TRAVEL REFORM

Sec. 1401. Short title.

Subtitle A—Relocation Benefits

Sec. 1411. Modification of allowance for seeking permanent residence quarters.

Sec. 1412. Modification of temporary quarters subsistence expenses allowance.

Sec. 1413. Modification of residence transaction expenses allowance.

Sec. 1414. Authority to pay for property management services.

Sec. 1415. Authority to transport a privately owned motor vehicle within the continental United States

Sec. 1416. Authority to pay limited relocation allowances to an employee who is

performing an extended assignment.

Sec. 1417. Authority to pay a home marketing incentive.

Sec. 1418. Conforming amendments.

Subtitle B—Miscellaneous Provisions

Sec. 1431. Repeal of the long-distance telephone call certification requirement.

Sec. 1432. Transfer of authority to issue regulations.

Sec. 1433. Report on assessment of cost savings.

Sec. 1434. Effective date; issuance of regulations.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Plan for repairs and stabilization of the historic district at the Forest

Glen Annex of Walter Reed Medical Center, Maryland.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Defense access roads.

Sec. 2205. Authorization of appropriations, Navy.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.
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TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing planning and design.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Military housing improvement program.

Sec. 2405. Energy conservation projects.

Sec. 2406. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2503. Redesignation of North Atlantic Treaty Organization Infrastructure

program.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Funding for construction and improvement of reserve centers in the

State of Washington.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

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

Sec. 2705. Prohibition on use of funds for certain projects.

Sec. 2706. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Increase in certain thresholds for unspecified minor construction

projects.

Sec. 2802. Clarification of authority to improve military family housing.

Sec. 2803. Authority to grant easements for rights-of-way.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Restoration of authority under 1988 base closure law to transfer property and facilities to other entities in the Department of Defense.

Sec. 2812. Agreements for services at installations after closure.

Subtitle C—Land Conveyances

Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington, Virginia.

Sec. 2822. Land transfer, Potomac Annex, District of Columbia.

Sec. 2823. Land conveyance, Army Reserve Center, Montpelier, Vermont.

Sec. 2824. Land conveyance, former Naval Reserve Facility, Lewes, Delaware.
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Sec. 2825. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South Dakota.

Sec. 2826. Conveyance of primate research complex, Holloman Air Force Base,

New Mexico.

Sec. 2827. Demonstration project for installation and operation of electric power

distribution system at Youngstown Air Reserve Station, Ohio.

Sec. 2828. Transfer of jurisdiction and land conveyance, Fort Sill, Oklahoma.

Sec. 2829. Renovation of the Pentagon Reservation.

Sec. 2830. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North

Dakota.

Sec. 2831. Reaffirmation of land conveyances, Fort Sheridan, Illinois.

Sec. 2832. Land conveyance, Crafts Brothers Reserve Training Center, Manchester, New Hampshire.

Sec. 2833. Land transfer, Vernon Ranger District, Kisatchie National Forest,

Louisiana.

Sec. 2834. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.

Sec. 2835. Land conveyance, Pine Bluff Arsenal, Arkansas.

Sec. 2836. Modification of boundaries of White Sands National Monument and

White Sands Missile Range.

Sec. 2837. Bandelier National Monument.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Tritium production.

Sec. 3132. Modernization and consolidation of tritium recycling facilities.

Sec. 3133. Modification of requirements for manufacturing infrastructure for refabrication and certification of nuclear weapons stockpile.

Sec. 3134. Limitation on use of funds for certain research and development purposes.

Sec. 3135. Accelerated schedule for isolating high-level nuclear waste at the Defense Waste Processing Facility, Savannah River Site.
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Sec. 3136. Processing of high-level nuclear waste and spent nuclear fuel rods.

Sec. 3137. Fellowship program for development of skills critical to Department of

Energy nuclear weapons complex.

Sec. 3138. Payment of costs of operation and maintenance of infrastructure at

Nevada Test Site.

Subtitle D—Other Matters

Sec. 3151. Requirement for annual five-year budget for the national security programs of the Department of Energy.

Sec. 3152. Requirements for Department of Energy weapons activities budgets for

fiscal years after fiscal year 1997.

Sec. 3153. Repeal of requirement relating to accounting procedures for Department of Energy funds.

Sec. 3154. Plans for activities to process nuclear materials and clean up nuclear

waste at the Savannah River Site.

Sec. 3155. Update of report on nuclear test readiness postures.

Sec. 3156. Reports on critical difficulties at nuclear weapons laboratories and nuclear weapons production plants.

Sec. 3157. Extension of applicability of notice-and-wait requirement regarding

proposed cooperation agreements.

Sec. 3158. Sense of Congress relating to redesignation of Defense Environmental

Restoration and Waste Management Program.

Sec. 3159. Commission on Maintaining United States Nuclear Weapons Expertise.

Sec. 3160. Sense of Senate regarding reliability and safety of remaining nuclear

forces.

Sec. 3161. Report on Department of Energy liability at Department superfund

sites.

Sec. 3162. Fiscal year 1998 funding for Greenville Road Improvement Project,

Livermore, California.

Sec. 3163. Opportunity for review and comment by State of Oregon regarding

certain remedial actions at Hanford Reservation, Washington.

Sec. 3164. Sense of Senate on Hanford memorandum of understanding.

Sec. 3165. Foreign environmental technology.

Sec. 3166. Study on worker protection at the Mound Facility.

Subtitle E—Environmental Restoration at Defense Nuclear

Facilities

Sec. 3171. Short title.

Sec. 3172. Applicability.

Sec. 3173. Designation of covered facilities as environmental cleanup demonstration areas.

Sec. 3174. Site managers.

Sec. 3175. Department of Energy orders.

Sec. 3176. Demonstrations of technology for remediation of defense nuclear waste.

Sec. 3177. Reports to Congress.

Sec. 3178. Termination.

Sec. 3179. Definitions.

Subtitle F—Waste Isolation Pilot Plant Land Withdrawal Act

Amendments.

Sec. 3181. Short title and reference.

Sec. 3182. Definitions.
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Sec. 3183. Test phase and retrieval plans.

Sec. 3184. Management plan.

Sec. 3185. Test phase activities.

Sec. 3186. Disposal operations.

Sec. 3187. Environmental Protection Agency disposal regulations.

Sec. 3188. Compliance with environmental laws and regulations.

Sec. 3189. Retrievability.

Sec. 3190. Decommissioning of WIPP

Sec. 3191. Economic assistance and miscellaneous payments.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Disposal of certain materials in National Defense Stockpile.

Sec. 3303. Additional authority to dispose of materials in National Defense

Stockpile.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures in accordance with other laws.

TITLE XXXVI—MISCELLANEOUS PROVISION

Sec. 3601. Sense of the Senate regarding the reopening of Pennsylvania Avenue.

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 SEC. 4. GENERAL LIMITATION.

2 Notwithstanding any other provision of this Act, the

3 total amount authorized to be appropriated for fiscal year

4 1997 for the national defense function under the provisions

5 of this Act is $265,583,000,000.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for fis13 cal year 1997 for procurement for the Army as follows:

14 (1) For aircraft, $1,508,515,000.

15 (2) For missiles, $1,160,829,000.

16 (3) For weapons and tracked combat vehicles,

17 $1,460,115,000.

18 (4) For ammunition, $1,156,728,000.

19 (5) For other procurement, $3,298,940,000.

20 SEC. 102. NAVY AND MARINE CORPS.

21 (a) NAVY.—Funds are hereby authorized to be appro22 priated for fiscal year 1997 for procurement for the Navy

23 as follows:

24 (1) For aircraft, $6,911,352,000.

25 (2) For weapons, including missiles and tor26 pedoes, $1,513,263,000.
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1 (3) For shipbuilding and conversion,

2 $6,567,330,000.

3 (4) For other procurement, $3,005,040,000.

4 (b) MARINE CORPS.—Funds are hereby authorized to

5 be appropriated for fiscal year 1997 for procurement for

6 the Marine Corps in the amount of $816,107,000.

7 SEC. 103. AIR FORCE.

8 Funds are hereby authorized to be appropriated for fis9 cal year 1997 for procurement for the Air Force as follows:

10 (1) For aircraft, $7,003,528,000.

11 (2) For missiles, $2,847,177,000.

12 (3) For other procurement, $5,889,519,000.

13 SEC. 104. DEFENSE-WIDE ACTIVITIES.

14 Funds are hereby authorized to be appropriated for fis15 cal year 1997 for Defense-wide procurement in the amount

16 of $1,908,012,000.

17 SEC. 105. RESERVE COMPONENTS.

18 Funds are hereby authorized to be appropriated for fis19 cal year 1997 for procurement of aircraft, vehicles, commu20 nications equipment, and other equipment for the reserve

21 components of the Armed Forces as follows:

22 (1) For the Army National Guard, $224,000,000.

23 (2) For the Air National Guard, $305,800,000.

24 (3) For the Army Reserve, $90,000,000.

25 (4) For the Naval Reserve, $40,000,000.
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1 (5) For the Air Force Reserve, $40,000,000.

2 (6) For the Marine Corps Reserve, $60,000,000.

3 SEC. 106. DEFENSE INSPECTOR GENERAL.

4 Funds are hereby authorized to be appropriated for fis5 cal year 1997 for procurement for the Inspector General of

6 the Department of Defense in the amount of $2,000,000.

7 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

8 There is hereby authorized to be appropriated for fiscal

9 year 1997 the amount of $802,847,000 for—

10 (1) the destruction of lethal chemical agents and

11 munitions in accordance with section 1412 of the De12 partment of Defense Authorization Act, 1986 (50

13 U.S.C. 1521); and

14 (2) the destruction of chemical warfare materiel

15 of the United States that is not covered by section

16 1412 of such Act.

17 SEC. 108. DEFENSE HEALTH PROGRAM.

18 Funds are hereby authorized to be appropriated for fis19 cal year 1997 for the Department of Defense for procure20 ment for carrying out health care programs, projects, and

21 activities of the Department of Defense in the total amount

22 of $269,470,000.
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1 SEC. 109. DEFENSE NUCLEAR AGENCY.

2 Of the amounts authorized to be appropriated for the

3 Department of Defense under section 104, $7,900,000 shall

4 be available for the Defense Nuclear Agency.

5 Subtitle B—Army Programs

6 SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE

7 SYSTEM.

8 The Secretary of the Army may, in accordance with

9 section 2306b of title 10, United States Code, enter into

10 multiyear procurement contracts for the procurement of the

11 Javelin missile system.

12 SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILITARIZA13 TION CITIZENS’ ADVISORY COMMISSIONS.

14 Subsections (b) and (f) of section 172 of the National

15 Defense Authorization Act for Fiscal Year 1993 (Public

16 Law 102–484; 106 Stat. 2341; 50 U.S.C. 1521 note) are

17 each amended by striking out ‘‘Assistant Secretary of the

18 Army (Installations, Logistics and Environment)’’ and in19 serting in lieu thereof ‘‘Assistant Secretary of the Army

20 (Research, Development and Acquisition)’’.

21 SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE

22 CHEMICAL WEAPONS STOCKPILE.

23 (a) STUDY.—The Secretary of Defense shall conduct a

24 study to determine the cost of incineration of the current

25 chemical munitions stockpile by building incinerators at

26 each existing facility compared to the proposed cost of dis-
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1 mantling those same munitions, neutralizing them at each

2 storage site and transporting the neutralized remains and

3 all munitions parts to a centrally located incinerator with4 in the United States for incineration.

5 (b) REPORT.—Not later than 180 days after the date

6 of the enactment of this Act, the Secretary shall submit to

7 the appropriate committees of the Congress a report on the

8 study carried out under subsection (a).

9 SEC. 114. PERMANENT AUTHORITY TO CARRY OUT ARMS

10 INITIATIVE.

11 Section 193(a) of the Armament Retooling and Manu12 facturing Support Initiative Act of 1992 (subtitle H of title

13 I of Public Law 102–484; 10 U.S.C. 2501 note) is amended

14 by striking out ‘‘During fiscal years 1993 through 1996’’,

15 and inserting in lieu thereof ‘‘During fiscal years 1993

16 through 1998’’.

17 SEC. 115. TYPE CLASSIFICATION OF ELECTRO OPTIC AUG18 MENTATION (EOA) SYSTEM.

19 (a) REQUIREMENT.—The Secretary of the Army shall

20 type classify the Electro Optic Augmentation (EOA) sys21 tem.

22 (b) FUNDING.—Of the amounts authorized to be appro23 priated for the Army by this division, $100,000 shall made

24 be available to the Armored Systems Modernization Pro-
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1 gram manager for the type classification required by sub2 section (a).

3 SEC. 116. BRADLEY TOW 2 TEST PROGRAM SETS.

4 Of the funds authorized to be appropriated under sec5 tion 101(3) of the National Defense Authorization Act for

6 Fiscal Year 1996 (110 Stat. 204), $6,000,000 is available

7 for the procurement of Bradley TOW 2 Test Program sets.

8 SEC. 117. DEMILITARIZATION OF ASSEMBLED CHEMICAL

9 MUNITIONS.

10 (a) PILOT PROGRAM.—The Secretary of Defense shall

11 conduct a pilot program to identify and demonstrate fea12 sible alternatives to incineration for the demilitarization of

13 assembled chemical munitions.

14 (b) PROGRAM REQUIREMENTS.—(1) The Secretary of

15 Defense shall designate an executive agent to carry out the

16 pilot program required to be conducted under subsection

17 (a).

18 (2) The executive agent shall—

19 (A) be an officer or executive of the United

20 States Government;

21 (B) be accountable to the Secretary of Defense;

22 and

23 (C) not be, or have been, in direct or immediate

24 control of the chemical weapon stockpile demilitariza25 tion program established by 1412 of the Department
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1 of Defense Authorization Act, 1986 (50 U.S.C. 1521)

2 or the alternative disposal process program carried

3 out under sections 174 and 175 of the National De4 fense Authorization Act for Fiscal Year 1993 (Public

5 Law 102–484; 50 U.S.C. 1521 note).

6 (3) The executive agent may—

7 (A) carry out the pilot program directly;

8 (B) enter into a contract with a private entity

9 to carry out the pilot program; or

10 (C) transfer funds to another department or

11 agency of the Federal Government in order to provide

12 for such department or agency to carry out the pilot

13 program.

14 (4) A department or agency that carries out the pilot

15 program under paragraph (3)(C) may not, for purposes of

16 the pilot program, contract with or competitively select the

17 organization within the Army that exercises direct or im18 mediate management control over either program referred

19 to in paragraph (2)(C).

20 (5) The pilot program shall terminate not later than

21 September 30, 2000.

22 (c) ANNUAL REPORT.—Not later than December 15 of

23 each year in which the Secretary carries out the pilot pro24 gram, the Secretary shall submit to Congress a report on
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1 the activities under the pilot program during the preceding

2 fiscal year.

3 (d) EVALUATION AND REPORT.—Not later than De4 cember 31, 2000, the Secretary of Defense shall—

5 (1) evaluate each demilitarization alternative

6 identified and demonstrated under the pilot program

7 to determine whether that alternative—

8 (A) is as safe and cost efficient as inciner9 ation for disposing of assembled chemical muni10 tions; and

11 (B) meets the requirements of section 1412

12 of the Department of Defense Authorization Act,

13 1986; and

14 (2) submit to Congress a report containing the

15 evaluation.

16 (e) LIMITATION ON LONG LEAD CONTRACTING.—(1)

17 Notwithstanding any other provision of law and except as

18 provided in paragraph (2), the Secretary may not enter

19 into any contract for the purchase of long lead materials

20 considered to be baseline incineration specific materials for

21 the construction of an incinerator at any site in Kentucky

22 or Colorado, within one year of the date of enactment of

23 this Act or, thereafter until the executive agent designated

24 for the pilot program submits an application for such per25 mits as are necessary under the law of the State of Kentucky
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1 or the law of the State of Colorado, as the case may be,

2 for the construction at that site of a plant for demilitariza3 tion of assembled chemical munitions by means of an alter4 native to incineration.

5 (2) Provided, however, That the Secretary may enter

6 into a contract described in paragraph (1) beginning 60

7 days after the date on which the Secretary submits to Con8 gress—

9 (A) the report required by subsection (d)(2); and

10 (B) the certification of the executive agent that

11 there exists no alternative technology as safe and cost

12 efficient as incineration for demilitarizing chemical

13 munitions at non-bulk sites that can meet the require14 ments of section 1412 of the Department of Defense

15 Authorization Act, 1986.

16 (f) ASSEMBLED CHEMICAL MUNITION DEFINED.—For

17 the purpose of this section, the term ‘‘assembled chemical

18 munition’’ means an entire chemical munition, including

19 component parts, chemical agent, propellant, and explosive.

20 (g) FUNDING.—(1) Of the amount authorized to be ap21 propriated under section 107, $60,000,000 shall be available

22 for the pilot program under this section. Such funds may

23 not be derived from funds to be made available under the

24 chemical demilitarization program for the alternative tech25 nologies research and development program at bulk sites.
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1 (2) Funds made available for the pilot program pursu2 ant to paragraph (1) shall be made available to the execu3 tive agent for use for the pilot program.

4 Subtitle C—Navy Programs

5 SEC. 121. EA–6B AIRCRAFT REACTIVE JAMMER PROGRAM.

6 (a) LIMITATION.—None of the funds appropriated pur7 suant to section 102(a)(1) for modifications or upgrades of

8 EA–6B aircraft may be obligated, other than for a reactive

9 jammer program for such aircraft, until 30 days after the

10 date on which the Secretary of the Navy submits to the con11 gressional defense committees in writing—

12 (1) a certification that some or all of such funds

13 have been obligated for a reactive jammer program

14 for EA–6B aircraft; and

15 (2) a report that sets forth a detailed, well-de16 fined program for—

17 (A) developing a reactive jamming capabil18 ity for EA–6B aircraft; and

19 (B) upgrading the EA–6B aircraft of the

20 Navy to incorporate the reactive jamming capa21 bility.

22 (b) CONTINGENT TRANSFER OF FUNDS TO AIR

23 FORCE.—(1) If the Secretary of the Navy has not submitted

24 the certification and report described in subsection (a) to

25 the congressional defense committees before June 1, 1997,
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1 then, on that date, the Secretary of Defense shall transfer

2 to Air Force, out of appropriations available to the Navy

3 for fiscal year 1997 for procurement of aircraft, the amount

4 equal to the amount appropriated to the Navy for fiscal

5 year 1997 for modifications and upgrades of EA–6B air6 craft.

7 (2) Funds transferred to the Air Force pursuant to

8 paragraph (1) shall be available for maintaining and up9 grading the jamming capability of EF–111 aircraft.

10 SEC. 122. PENGUIN MISSILE PROGRAM.

11 (a) MULTIYEAR PROCUREMENT AUTHORITY.—The

12 Secretary of the Navy may, in accordance with section

13 2306b of title 10, United States Code, enter into multiyear

14 procurement contracts for the procurement of not more than

15 106 Penguin missile systems.

16 (b) LIMITATION ON TOTAL COST.—The total amount

17 obligated or expended for procurement of Penguin missile

18 systems under contracts under subsection (a) may not ex19 ceed $84,800,000.

20 SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.

21 (a) AMOUNTS AUTHORIZED.—(1) Of the amount au22 thorized to be appropriated by section 102(a)(3)—

23 (A) $804,100,000 shall be available for construc24 tion of the third vessel (designated SSN–23) in the

25 Seawolf attack submarine class;
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1 (B) $296,200,000 shall be available for long-lead

2 and advance construction and procurement of compo3 nents for construction of a submarine (previously des4 ignated by the Navy as the New Attack Submarine)

5 beginning in fiscal year 1998 to be built by Electric

6 Boat Division; and

7 (C) $701,000,000 shall be available for long-lead

8 and advance construction and procurement of compo9 nents for construction of a second submarine (pre10 viously designated by the Navy as the New Attack

11 Submarine) beginning in fiscal year 1999 to be built

12 by Newport News Shipbuilding.

13 (2) In addition to the purposes for which the amount

14 authorized to be appropriated by section 102(a)(3) is avail15 able under subparagraphs (B) and (C) of paragraph (1),

16 the amounts available under such subparagraphs are also

17 available for contracts with Electric Boat Division and

18 Newport News Shipbuilding to carry out the provisions of

19 the ‘‘Memorandum of Agreement Among the Department of

20 the Navy, Electric Boat Corporation (EB) and Newport

21 News Shipbuilding and Drydock Company (NNS) Concern22 ing the New Attack Submarine’’, dated April 5, 1996, relat23 ing to design data transfer, design improvements, inte24 grated process teams, and updated design base.
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1 (b) CONTRACTS AUTHORIZED.—(1) The Secretary of

2 the Navy is authorized, using funds available pursuant to

3 subparagraphs (B) and (C) of subsection (a)(1), to enter

4 into contracts with Electric Boat Division and Newport

5 News Shipbuilding, and suppliers of components, during

6 fiscal year 1997 for—

7 (A) the procurement of long-lead components for

8 the submarines referred to in such subparagraphs;

9 and

10 (B) advance construction of such components

11 and other components for such submarines.

12 (2) The Secretary of the Navy may enter into a con13 tract or contracts under this section with the shipbuilder

14 of the submarine referred to in subsection (a)(1)(B) only

15 if the Secretary enters into a contract or contracts under

16 this section with the shipbuilder of the submarine referred

17 to in subsection (a)(1)(C).

18 (c) COMPETITION AND LIMITATIONS ON OBLIGA19 TIONS.—(1)(A) Of the amounts made available pursuant to

20 subsection (a)(1), not more than $100,000,000 may be obli21 gated or expended until the Secretary of Defense certifies

22 in writing to the Committee on Armed Services of the Sen23 ate and the Committee on National Security of the House

24 of Representatives that procurement of nuclear attack sub25 marines described in subparagraph (B) will be provided for
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1 under one or more contracts that are entered into after a

2 competition between Electric Boat Division and Newport

3 News Shipbuilding in which the Secretary of the Navy solic4 its competitive proposals and awards the contract or con5 tracts on the basis of price.

6 (B) The submarines referred to in subparagraph (A)

7 are nuclear attack submarines that are to be constructed

8 beginning—

9 (i) after fiscal year 1999; or

10 (ii) if four submarines are to be procured as pro11 vided for in the plan required under section 131(c) of

12 the National Defense Authorization Act for Fiscal

13 Year 1996 (Public Law 104–106; 110 Stat. 209),

14 after fiscal year 2001.

15 (2) Of the amounts made available pursuant to sub16 section (a)(1), not more than $100,000,000 may be obli17 gated or expended until the Under Secretary of Defense for

18 Acquisition and Technology submits to the committees re19 ferred to in paragraph (1) a written report that describes

20 in detail—

21 (A) the oversight activities undertaken by the

22 Under Secretary up to the date of the report pursuant

23 to section 131(b)(2)(C) of the National Defense Au24 thorization Act for Fiscal Year 1996 (Public Law

25 104–106; 110 Stat. 207), and the plans for the future
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1 development and improvement of the nuclear attack

2 submarine program of the Navy;

3 (B) the implementation of, and activities con4 ducted under, the program required to be established

5 by the Director of the Defense Advanced Research

6 Projects Agency by section 131(i) of such Act (110

7 Stat. 210) for the development and demonstration of

8 advanced submarine technologies and a rapid proto9 type acquisition strategy for both land-based and at10 sea subsystem and system demonstrations of such

11 technologies; and

12 (C) all research, development, test, and evalua13 tion programs, projects, or activities within the De14 partment of Defense which, in the opinion of the

15 Under Secretary, are designed to contribute to the de16 velopment and demonstration of advanced submarine

17 technologies leading to a more capable, more afford18 able nuclear attack submarine, together with a spe19 cific identification of ongoing involvement, and plans

20 for future involvement, in any such program, project,

21 or activity by Electric Boat Division, Newport News

22 Shipbuilding, or both.

23 (d) REFERENCES TO SHIPBUILDERS.—For purposes of

24 this section—
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1 (1) the shipbuilder referred to as ‘‘Electric Boat

2 Division’’ is the Electric Boat Division of the General

3 Dynamics Corporation; and

4 (2) the shipbuilder referred to as ‘‘Newport News

5 Shipbuilding’’ is the Newport News Shipbuilding and

6 Drydock Company.

7 (e) NEXT ATTACK SUBMARINE AFTER NEW ATTACK

8 SUBMARINE.—The Secretary of Defense shall modify the

9 plan (relating to development of a program leading to pro10 duction of a more capable and less expensive submarine

11 than the New Attack Submarine) that was submitted to

12 Congress pursuant to section 131(c) of Public Law 104–

13 106 (110 Stat. 208) in order to provide in such plan for

14 selection of a design for a next submarine for serial produc15 tion not earlier than fiscal year 2000 (rather than fiscal

16 year 2003, as provided in paragraph (3)(B) of such section

17 131(c)).

18 SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

19 (a) FUNDING.—(1) Subject to paragraph (3), funds

20 authorized to be appropriated by section 102(a)(3) may be

21 made available for contracts entered into in fiscal year 1996

22 under subsection (b)(1) of section 135 of the National De23 fense Authorization Act for Fiscal Year 1996 (Public Law

24 104–106; 110 Stat. 211) for construction for the third of

25 the three Arleigh Burke class destroyers covered by that sub-
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1 section. Such funds are in addition to amounts made avail2 able for such contracts by the second sentence of subsection

3 (a) of that section.

4 (2) Subject to paragraph (3), funds authorized to be

5 appropriated by section 102(a)(3) may be made available

6 for contracts entered into in fiscal year 1997 under sub7 section (b)(2) of such section 135 for construction (including

8 advance procurement) for the Arleigh Burke class destroyers

9 covered by such subsection (b)(2).

10 (3) The aggregate amount of funds available under

11 paragraphs (1) and (2) for contracts referred to in such

12 paragraphs may not exceed $3,483,030,000.

13 (4) Within the amount authorized to be appropriated

14 by section 102(a)(3), $750,000,000 is authorized to be ap15 propriated for advance procurement for construction for the

16 Arleigh Burke class destroyers authorized by subsection (b).

17 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

18 TWELVE VESSELS.—The Secretary of the Navy is author19 ized, pursuant to section 2306b of title 10, United States

20 Code, to enter into multiyear contracts for the procurement

21 of a total of 12 Arleigh Burke class destroyers at a procure22 ment rate of three ships in each of fiscal years, 1998, 1999,

23 2000, and 2001 in accordance with this subsection and sub24 sections (a)(4) and (c), subject to the availability of appro25 priations for such destroyers. A contract for construction
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1 of one or more vessels that is entered into in accordance

2 with this subsection shall include a clause that limits the

3 liability of the Government to the contractor for any termi4 nation of the contract.

5 SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM EN6 HANCEMENT.

7 Section 2218(f) of title 10, United States Code, shall

8 not apply in the case of the purchase of three ships for the

9 purpose of enhancing Marine Corps prepositioning ship

10 squadrons.

11 SEC. 126. ADDITIONAL EXCEPTION FROM COST LIMITATION

12 FOR SEAWOLF SUBMARINE PROGRAM.

13 Section 133 of the National Defense Authorization Act

14 for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 211)

15 is amended—

16 (1) in subsection (a), by striking out ‘‘subsection

17 (b)’’ and inserting in lieu thereof ‘‘subsections (b) and

18 (c)’’; and

19 (2) by striking out subsection (c) and inserting

20 in lieu thereof the following:

21 ‘‘(c) COSTS NOT INCLUDED.—The previous obligations

22 of $745,700,000 for the SSN–23, SSN–24, and SSN–25 sub23 marines, out of funds appropriated for fiscal years 1990,

24 1991, and 1992, that were subsequently canceled (as a result

25 of a cancellation of such submarines) shall not be taken into
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1 account in the application of the limitation in subsection

2 (a).’’.

3 SEC. 127. RADAR MODERNIZATION.

4 Funds appropriated for the Navy for fiscal years before

5 fiscal year 1997 may not be used for development and pro6 curement of the Pulse Doppler Upgrade modification to the

7 AN/SPS–48E radar system.

8 Subtitle D—Air Force Programs

9 SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE

10 C–17 AIRCRAFT PROGRAM.

11 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The Sec12 retary of the Air Force may, pursuant to section 2306b of

13 title 10, United States Code (except as provided in sub14 section (b)(1)), enter into one or more multiyear contracts

15 for the procurement of not more than a total of 80 C–17

16 aircraft.

17 (b) CONTRACT PERIOD.—(1) Notwithstanding section

18 2306b(k) of title 10, United States Code, the period covered

19 by a contract entered into on a multiyear basis under the

20 authority of subsection (a) may exceed five years, but may

21 not exceed seven years.

22 (2) Paragraph (1) shall not be construed as prohibit23 ing the Secretary of the Air Force from entering into a

24 multiyear contract for a period of less than seven years.
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1 In determining to do so, the Secretary shall consider wheth2 er—

3 (A) sufficient funding is provided for in the fu4 ture-years defense program for procurement, within

5 the shorter period, of the total number of aircraft to

6 be procured (within the number set forth in subsection

7 (a)); and

8 (B) the contractor is capable of delivering that

9 total number of aircraft within the shorter period.

10 (c) OPTION TO CONVERT TO ONE-YEAR PROCURE11 MENTS.—Each multiyear contract for the procurement of

12 C–17 aircraft authorized by subsection (a) shall include a

13 clause that permits the Secretary of the Air Force—

14 (1) to terminate the contract as of September 30,

15 1998, without a modification in the price of each air16 craft and without incurring any obligation to pay the

17 contractor termination costs; and

18 (2) to then enter into follow-on one-year con19 tracts with the contractor for the procurement of C–

20 17 aircraft (within the total number of aircraft au21 thorized under subsection (a)) at a negotiated price

22 that is not to exceed the price that is negotiated before

23 September 30, 1998, for the annual production con24 tract for the C–17 aircraft in lot VIII and subsequent

25 lots.
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1 Subtitle E—Reserve Components

2 SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES

3 OF THE RESERVE COMPONENTS.

4 (a) ASSESSMENTS REQUIRED.—Not later than Decem5 ber 1, 1996, each officer referred to in subsection (b) shall

6 submit to the congressional defense committees an assess7 ment of the modernization priorities established for the re8 serve component or reserve components for which that offi9 cer is responsible.

10 (b) RESPONSIBLE OFFICERS.—The officers required to

11 submit a report under subsection (a) are as follows:

12 (1) The Chief of the National Guard Bureau.

13 (2) The Chief of Army Reserve.

14 (3) The Chief of Air Force Reserve.

15 (4) The Director of Naval Reserve.

16 (5) The Commanding General, Marine Forces

17 Reserve.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for fis8 cal year 1997 for the use of the Department of Defense for

9 research, development, test, and evaluation as follows:

10 (1) For the Army, $4,958,140,000.

11 (2) For the Navy, $9,041,534,000.

12 (3) For the Air Force, $14,786,356,000.

13 (4) For Defense-wide activities, $9,699,542,000,

14 of which—

15 (A) $252,038,000 is authorized for the ac16 tivities of the Director, Test and Evaluation; and

17 (B) $21,968,000 is authorized for the Direc18 tor of Operational Test and Evaluation.

19 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR20 ATORY DEVELOPMENT.

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

22 to be appropriated by section 201, $4,005,787,000 shall be

23 available for basic research and exploratory development

24 projects.
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1 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP2 MENT DEFINED.—For purposes of this section, the term

3 ‘‘basic research and exploratory development’’ means work

4 funded in program elements for defense research and devel5 opment under Department of Defense category 6.1 or 6.2.

6 SEC. 203. DEFENSE NUCLEAR AGENCY.

7 Of the amounts authorized to be appropriated for the

8 Department of Defense under section 201, $221,330,000

9 shall be available for the Defense Nuclear Agency.

10 SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, TEST,

11 AND EVALUATION RELATING TO HUMANI12 TARIAN DEMINING TECHNOLOGIES.

13 Of the amounts authorized to be appropriated by sec14 tion 201(4), $18,000,000 shall be available for research, de15 velopment, test, and evaluation activities relating to hu16 manitarian demining technologies (PE0603120D), to be ad17 ministered by the Assistant Secretary of Defense for Special

18 Operations and Low Intensity Conflict.

19 Subtitle B—Program Requirements,

20 Restrictions, and Limitations

21 SEC. 211. SPACE LAUNCH MODERNIZATION.

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

23 authorization of appropriations in section 201(3) are au24 thorized to be made available for space launch moderniza25 tion for purposes and in amounts as follows:
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1 (1) For the Evolved Expendable Launch Vehicle

2 program, $44,457,000.

3 (2) For a competitive reusable launch vehicle

4 technology program, $25,000,000.

5 (b) LIMITATIONS.—(1) Of the funds made available for

6 the reusable launch vehicle technology program pursuant to

7 subsection (a)(2), the total amount obligated for such pur8 pose may not exceed the total amount allocated in the fiscal

9 year 1997 current operating plan of the National Aero10 nautics and Space Administration for the Reusable Space

11 Launch program of the National Aeronautics and Space

12 Administration.

13 (2) None of the funds made available for the Evolved

14 Expendable Launch Vehicle program pursuant to subsection

15 (a)(1) may be obligated until the Secretary of Defense cer16 tifies to Congress that the Secretary has made available for

17 obligation the funds, if any, that are made available for

18 the reusable launch vehicle technology program pursuant to

19 subsection (a)(2).

20 SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.

21 (a) REQUIRED PROGRAM ELEMENT.—The Secretary of

22 Defense shall include the kinetic energy tactical anti-sat23 ellite program of the Department of Defense as an element

24 of the space control architecture being developed by the De25 partment of Defense Space Architect.
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1 (b) LIMITATION ON USE OF FUNDS.—None of the funds

2 authorized to be appropriated pursuant to this Act, or oth3 erwise made available to the Department of Defense for fis4 cal year 1997, may be obligated or expended for the Depart5 ment of Defense Space Architect until the Secretary of De6 fense certifies to Congress that—

7 (1) the Secretary is complying with the require8 ment in subsection (a);

9 (2) funds appropriated for the kinetic energy

10 tactical anti-satellite program for fiscal year 1996

11 have been obligated in accordance with section 218 of

12 Public Law 104–106 and the Joint Explanatory

13 Statement of the Committee of Conference accompany14 ing S. 1124 (House Report 104–450 (104th Congress,

15 second session)); and

16 (3) the Secretary has made available for obliga17 tion the funds appropriated for the kinetic energy tac18 tical anti-satellite program for fiscal year 1997 in ac19 cordance with this Act.

20 SEC. 213. SPACE-BASED INFRARED SYSTEM PROGRAM.

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

22 authorization of appropriations in section 201(3) are au23 thorized to be made available for the Space-Based Infrared

24 System program for purposes and in amounts as follows:

25 (1) For Space Segment High, $192,390,000.
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1 (2) For Space Segment Low (the Space and Mis2 sile Tracking System), $247,221,000.

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

4 (b) CONDITIONAL TRANSFER OF MANAGEMENT OVER5 SIGHT.—Not later than 30 days after the date of the enact6 ment of this Act, the Secretary of Defense shall transfer the

7 management oversight responsibilities for the Space and

8 Missile Tracking System from the Secretary of the Air

9 Force to the Director of the Ballistic Missile Defense Orga10 nization.

11 (c) CERTIFICATION.—If, within the 30-day period de12 scribed in subsection (b), the Secretary of Defense submits

13 to Congress a certification that the Secretary has established

14 a program baseline for the Space-Based Infrared System

15 that satisfies the requirements of section 216(a) of Public

16 Law 104–106 (110 Stat. 220), then subsection (b) of this

17 section shall cease to be effective on the date on which the

18 Secretary submits the certification.

19 SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECH20 NOLOGY.

21 Section 132 of the National Defense Authorization Act

22 for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 210)

23 is repealed.
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1 SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT

2 PROGRAM.

3 (a) AMOUNT FOR PROGRAM.—Of the amount author4 ized to be appropriated under section 201(3), $50,000,000

5 shall be available for the Clementine 2 micro-satellite near6 Earth asteroid interception mission.

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

8 appropriated pursuant to this Act for the global positioning

9 system (GPS) Block II F Satellite system may be obligated

10 until the Secretary of Defense certifies to Congress that—

11 (1) funds appropriated for fiscal year 1996 for

12 the Clementine 2 Micro-Satellite development pro13 gram have been obligated in accordance with Public

14 Law 104–106 and the Joint Explanatory Statement

15 of the Committee of Conference accompanying S. 1124

16 (House Report 104–450 (104th Congress, second ses17 sion)); and

18 (2) the Secretary has made available for obliga19 tion the funds appropriated for fiscal year 1997 for

20 the Clementine 2 micro-satellite development program

21 in accordance with this section.

22 SEC. 216. TIER III MINUS UNMANNED AERIAL VEHICLE.

23 No official of the Department of Defense may enter

24 into a contract for the procurement of (including advance

25 procurement for) a higher number of Dark Star (tier III)

26 low observable, high altitude endurance unmanned aerial
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1 vehicles than is necessary to complete procurement of a total

2 of three such vehicles until flight testing has been completed.

3 SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PRO4 GRAM.

5 (a) REPORT REQUIRED.—The Secretary of Defense

6 shall submit to Congress a report comparing the Predator

7 unmanned aerial vehicle program with the Dark Star (tier

8 III) low observable, high altitude endurance unmanned aer9 ial vehicle program. The report shall contain the following:

10 (1) A comparison of the capabilities of the Pred11 ator unmanned aerial vehicle with the capabilities of

12 the Dark Star unmanned aerial vehicle.

13 (2) A comparison of the costs of the Predator

14 program with the costs of the Dark Star program.

15 (3) A recommendation on which program should

16 be funded in the event that funds are authorized to

17 be appropriated, and are appropriated, for only one

18 of the two programs in the future.

19 (b) LIMITATION ON USE OF FUNDS PENDING SUBMIS20 SION OF REPORT.—Funds appropriated pursuant to sec21 tion 104 may not be obligated for any contract to be entered

22 into after the date of the enactment of this Act for the pro23 curement of Predator unmanned aerial vehicles until the

24 date that is 60 days after the date on which the Secretary

25 of Defense submits the report required by subsection (a).
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1 SEC. 218. COST ANALYSIS OF F–22 AIRCRAFT PROGRAM.

2 (a) REVIEW OF PROGRAM.—The Secretary of Defense

3 shall direct the Cost Analysis Improvement Group in the

4 Office of the Secretary of Defense to review the F–22 air5 craft program, analyze and estimate the production costs

6 of the program, and submit to the Secretary a report on

7 the results of the review. The report shall include—

8 (1) a comparison of—

9 (A) the results of the review, with

10 (B) the results of the last independent esti11 mate of production costs of the program that was

12 prepared by the Cost Analysis Improvement

13 Group in July 1991; and

14 (2) a description of any major changes in pro15 grammatic assumptions that have occurred since the

16 estimate referred to in paragraph (1)(B) was made,

17 including any major change in assumptions regard18 ing the program schedule, the quantity of aircraft to

19 be developed and acquired, and the annual rates of

20 production, together with an assessment of the effects

21 of such changes on the program.

22 (b) REPORT.—Not later than March 30, 1997, the Sec23 retary shall transmit to the congressional defense commit24 tees the report prepared under paragraph (1), together with

25 the Secretary’s views on the matters covered by the report.
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1 (c) LIMITATION ON USE OF FUNDS PENDING SUBMIS2 SION OF REPORT.—Not more than 92 percent of the funds

3 appropriated for the F–22 aircraft program pursuant to

4 the authorization of appropriations in section 103(1) may

5 be expended until the Secretary of Defense submits the re6 port required by subsection (b).

7 SEC. 219. F–22 AIRCRAFT PROGRAM REPORTS.

8 (a) ANNUAL REPORT.—(1) At the same time as the

9 President submits the budget for a fiscal year to Congress

10 pursuant to section 1105(a) of title 31, United States Code,

11 the Secretary of Defense shall submit to Congress a report

12 on event-based decisionmaking for the F–22 aircraft pro13 gram for that fiscal year. The Secretary shall submit the

14 report for fiscal year 1997 not later than October 1, 1996.

15 (2) The report for a fiscal year shall include the follow16 ing:

17 (A) A discussion of each decision (known as an

18 ‘‘event-based decision’’) that is expected to be made

19 during that fiscal year regarding whether the F–22

20 program is to proceed into a new phase or into a new

21 administrative subdivision of a phase.

22 (B) The criteria (known as ‘‘exit criteria’’) to be

23 applied, for purposes of making the event-based deci24 sion, in determining whether the F–22 aircraft pro25 gram has demonstrated the specific progress necessary
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1 for proceeding into the new phase or administrative

2 subdivision of a phase.

3 (b) REPORT ON EVENT-BASED DECISIONS.—Not later

4 than 30 days after an event-based decision has been made

5 for the F–22 aircraft program, the Secretary of Defense

6 shall submit to Congress a report on the decision. The report

7 shall include the following:

8 (1) A discussion of the commitments made, and

9 the commitments to be made, under the program as

10 a result of the decision.

11 (2) The exit criteria applied for purposes of the

12 decision.

13 (3) How, in terms of the exit criteria, the pro14 gram demonstrated the specific progress justifying the

15 decision.

16 SEC. 220. NONLETHAL WEAPONS AND TECHNOLOGIES PRO17 GRAMS.

18 (a) FUNDING.—Of the amount authorized to be appro19 priated under section 201(2), $15,000,000 shall be available

20 for joint service research, development, test, and evaluation

21 of nonlethal weapons and nonlethal technologies under the

22 program element established pursuant to subsection (b).

23 (b) NEW PROGRAM ELEMENT REQUIRED.—The Sec24 retary of Defense shall establish a new program element for

25 the funds authorized to be appropriated under subsection
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1 (a). The funds within that program element shall be admin2 istered by the executive agent designated for joint service

3 research, development, test, and evaluation of nonlethal

4 weapons and nonlethal technologies.

5 (c) LIMITATION PENDING RELEASE OF FUNDS.—(1)

6 None of the funds authorized to be appropriated for the De7 partment of Defense for fiscal year 1997 for foreign com8 parative testing (program element 605130D) may be obli9 gated until the funds authorized to be appropriated in sec10 tion 219(d) of the National Defense Authorization Act for

11 Fiscal Year 1996 (Public Law 104–106; 110 Stat. 223) are

12 released for obligation by the executive agent referred to in

13 subsection (b).

14 (2) Not more than 50 percent of the funds authorized

15 to be appropriated for the Department of Defense for fiscal

16 year 1997 for NATO research and development (program

17 element 603790D) may be obligated until the funds author18 ized to be appropriated in subsection (a) are released for

19 obligation by the executive agent referred to in subsection

20 (b).

21 SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.

22 (a) FUNDING.—Of the funds authorized to be appro23 priated to the Department of Defense under section 201(4),

24 $176,200,000 shall be available for the Counterproliferation
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1 Support Program, of which $75,000,000 shall be available

2 for a tactical antisatellite technologies program.

3 (b) ADDITIONAL AUTHORITY TO TRANSFER AUTHOR4 IZATIONS.—(1) In addition to the transfer authority pro5 vided in section 1001, upon determination by the Secretary

6 of Defense that such action is necessary in the national in7 terest, the Secretary may transfer amounts of authoriza8 tions made available to the Department of Defense in this

9 division for fiscal year 1997 to counterproliferation pro10 grams, projects, and activities identified as areas for

11 progress by the Counterproliferation Program Review Com12 mittee established by section 1605 of the National Defense

13 Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751

14 note). Amounts of authorizations so transferred shall be

15 merged with and be available for the same purposes as the

16 authorization to which transferred.

17 (2) The total amount of authorizations transferred

18 under the authority of this subsection may not exceed

19 $50,000,000.

20 (3) The authority provided by this subsection to trans21 fer authorizations—

22 (A) may only be used to provide authority for

23 items that have a higher priority than the items from

24 which authority is transferred; and
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1 (B) may not be used to provide authority for an

2 item that has been denied authorization by Congress.

3 (4) A transfer made from one account to another under

4 the authority of this subsection shall be deemed to increase

5 the amount authorized for the account to which the amount

6 is transferred by an amount equal to the amount trans7 ferred.

8 (5) The Secretary of Defense shall promptly notify

9 Congress of transfers made under the authority of this sub10 section.

11 (c) LIMITATION ON USE OF FUNDS FOR TECHNICAL

12 STUDIES AND ANALYSES PENDING RELEASE OF FUNDS.—

13 (1) None of the funds authorized to be appropriated to the

14 Department of Defense for fiscal year 1997 for program ele15 ment 605104D, relating to technical studies and analyses,

16 may be obligated or expended until the funds referred to

17 in paragraph (2) have been released to the program man18 ager of the tactical anti-satellite technology program for im19 plementation of that program.

20 (2) The funds for release referred to in paragraph (1)

21 are as follows:

22 (A) Funds authorized to be appropriated by sec23 tion 218(a) of the National Defense Authorization Act

24 for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
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1 222) that are available for the program referred to in

2 paragraph (1).

3 (B) Funds authorized to be appropriated to the

4 Department for fiscal year 1997 by this Act for the

5 Counterproliferation Support Program that are to be

6 made available for that program.

7 SEC. 222. FEDERALLY FUNDED RESEARCH AND DEVELOP8 MENT CENTERS AND UNIVERSITY-AFFILI9 ATED RESEARCH CENTERS.

10 (a) CENTERS COVERED.—Funds authorized to be ap11 propriated for the Department of Defense for fiscal year

12 1997 under section 201 may be obligated to procure work

13 from a federally funded research and development center (in

14 this section referred to as an ‘‘FFRDC’’) or a university15 affiliated research center (in this section referred to as a

16 ‘‘UARC’’) only in the case of a center named in the report

17 required by subsection (b) and, in the case of such a center,

18 only in an amount not in excess of the amount of the pro19 posed funding level set forth for that center in such report.

20 (b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not

21 later than 30 days after the date of the enactment of this

22 Act, the Secretary of Defense shall submit to the Committee

23 on Armed Services of the Senate and the Committee on Na24 tional Security of the House of Representatives a report

25 containing—
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1 (A) the name of each FFRDC and UARC from

2 which work is proposed to be procured for the Depart3 ment of Defense for fiscal year 1997; and

4 (B) for each such center, the proposed funding

5 level and the estimated personnel level for fiscal year

6 1997.

7 (2) The total of the proposed funding levels set forth

8 in the report for all FFRDCs and UARCs may not exceed

9 the amount set forth in subsection (d).

10 (c) LIMITATION PENDING SUBMISSION OF REPORT.—

11 Not more than 15 percent of the funds authorized to be ap12 propriated for the Department of Defense for fiscal year

13 1997 for FFRDCs and UARCs under section 201 may be

14 obligated to procure work from an FFRDC or UARC until

15 the Secretary of Defense submits the report required by sub16 section (b).

17 (d) FUNDING.—Of the amounts authorized to be ap18 propriated by section 201, not more than a total of

19 $1,668,850,000 may be obligated to procure services from

20 the FFRDCs and UARCs named in the report required by

21 subsection (b).

22 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

23 The Secretary of Defense may waive the limitation regard24 ing the maximum funding amount that applies under sub25 section (a) to an FFRDC or UARC. Whenever the Secretary
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1 proposes to make such a waiver, the Secretary shall submit

2 to the Committee on Armed Services of the Senate and the

3 Committee on National Security of the House of Represent4 atives notice of the proposed waiver and the reasons for the

5 waiver. The waiver may then be made only after the end

6 of the 60-day period that begins on the date on which the

7 notice is submitted to those committees, unless the Secretary

8 determines that it is essential to the national security that

9 funds be obligated for work at that center in excess of that

10 limitation before the end of such period and notifies those

11 committees of that determination and the reasons for the

12 determination.

13 SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.

14 (a) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC15 COUNT.—Of the amount authorized to be appropriated by

16 section 201(2)—

17 (1) $489,443,000 is available for the design of

18 the submarine previously designated by the Navy as

19 the New Attack Submarine; and

20 (2) $100,000,000 is available to address the in21 clusion on future nuclear attack submarines of core

22 advanced technologies, category I advanced tech23 nologies, and category II advanced technologies, as

24 such advanced technologies are identified by the Sec25 retary of Defense in Appendix C of the report of the
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1 Secretary entitled ‘‘Report on Nuclear Attack Sub2 marine Procurement and Submarine Technology’’,

3 submitted to Congress on March 26, 1996.

4 (b) CERTAIN TECHNOLOGIES TO BE EMPHASIZED.—

5 In using funds made available in accordance with sub6 section (a)(2), the Secretary of the Navy shall emphasize

7 research, development, test, and evaluation of the tech8 nologies identified by the Submarine Technology Assessment

9 Panel (in the final report of the panel to the Assistant Sec10 retary of the Navy for Research, Development, and Acquisi11 tion, dated March 15, 1996) as having the highest priority

12 for initial investment.

13 (c) SHIPYARDS INVOLVED IN TECHNOLOGY DEVELOP14 MENT.—To further implement the recommendations of the

15 Submarine Technology Assessment Panel, the Secretary of

16 the Navy shall ensure that the shipyards involved in the

17 construction of nuclear attack submarines are also prin18 cipal participants in the process of developing advanced

19 submarine technologies and including the technologies in fu20 ture submarine designs. The Secretary shall ensure that

21 those shipyards have access for such purpose (under proce22 dures prescribed by the Secretary) to the Navy laboratories

23 and the Office of Naval Intelligence and (in accordance with

24 arrangements to be made by the Secretary) to the Defense

25 Advanced Research Projects Agency.
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1 (d) FUNDING FOR CONTRACTS UNDER 1996 AGREE2 MENT AMONG THE NAVY AND SHIPYARDS.—In addition to

3 the purposes of which the amount authorized to be appro4 priated by section 201(2) are available under paragraphs

5 (1) and (2) of subsection (a), the amounts available under

6 such paragraphs are also available for contracts with Elec7 tric Boat Division and Newport News Shipbuilding to

8 carry out the provisions of the ‘‘Memorandum of Agreement

9 Among the Department of the Navy, Electric Boat Corpora10 tion (EB), and Newport News Shipbuilding and Drydock

11 Company (NNS) Concerning the New Attack Submarine’’,

12 dated April 5, 1996, for research and development activities

13 under that memorandum of agreement.

14 SEC. 224. FUNDING FOR BASIC RESEARCH IN NUCLEAR

15 SEISMIC MONITORING.

16 Of the amount authorized to be appropriated by sec17 tion 201(3) and made available for arms control implemen18 tation for the Air Force (account PE0305145F), $6,500,000

19 shall be available for basic research in nuclear seismic mon20 itoring.

21 SEC. 225. CYCLONE CLASS CRAFT SELF-DEFENSE.

22 (a) STUDY REQUIRED.—Not later than March 31,

23 1997, the Secretary of Defense shall—

24 (1) carry out a study of vessel self-defense op25 tions for the Cyclone class patrol craft; and
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1 (2) submit to the Committee on Armed Services

2 of the Senate and the Committee on National Secu3 rity of the House of Representatives a report on the

4 results of the study.

5 (b) SOCOM INVOLVEMENT.—The Secretary shall

6 carry out the study through the Commander of the Special

7 Operations Command.

8 (c) SPECIFIC SYSTEM TO BE EVALUATED.—The study

9 under subsection (a) shall include an evaluation of the

10 BARAK ship self-defense missile system.

11 SEC. 226. COMPUTER-ASSISTED EDUCATION AND TRAINING.

12 Of the amount authorized to be appropriated under

13 section 201(4), $10,000,000 shall be available under pro14 gram element 0601103D for computer-assisted education

15 and training at the Defense Advanced Research Projects

16 Agency.

17 SEC. 227. SEAMLESS HIGH OFF-CHIP CONNECTIVITY.

18 Of the amount authorized to be appropriated by this

19 Act, $7,000,000 shall be available for the Defense Advanced

20 Research Projects Agency for research and development on

21 Seamless High Off-Chip Connectivity (SHOCC) under the

22 materials and electronic technology program

23 (PE 0602712E).
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1 SEC. 228. COST-BENEFIT ANALYSIS OF F/A–18E/F AIRCRAFT

2 PROGRAM.

3 (a) REPORT ON PROGRAM.—Not later than March 30,

4 1997, the Secretary of Defense shall submit to the congres5 sional defense committees a report on the F/A–

6 18E/F aircraft program.

7 (b) CONTENT OF REPORT.—The report shall contain

8 the following:

9 (1) A review of the F/A–18E/F aircraft program.

10 (2) An analysis and estimate of the production

11 costs of the program for the total number of aircraft

12 realistically expected to be procured at each of three

13 annual production rates as follows:

14 (A) 18 aircraft.

15 (B) 24 aircraft.

16 (C) 36 aircraft.

17 (3) A comparison of the costs and benefits of the

18 program with the costs and benefits of the F/A–

19 18C/D aircraft program taking into account the oper20 ational combat effectiveness of the aircraft.

21 (c) LIMITATION ON USE OF FUNDS PENDING TRANS22 MITTAL OF REPORT.—No more than 90 percent of the funds

23 authorized to be appropriated by this Act may be obligated

24 or expended for the procurement of F/A–18E/F aircraft be25 fore the date that is 30 days after the date on which the
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1 congressional defense committees receive the report required

2 under subsection (a).

3 SEC. 229. NATIONAL POLAR-ORBITING OPERATIONAL ENVI4 RONMENTAL SATELLITE SYSTEM.

5 (a) FUNDS AVAILABLE FOR POLAR-ORBITING OPER6 ATIONAL ENVIRONMENTAL SATELLITE SYSTEM.—Of the

7 amount authorized to be appropriated under section 201(3),

8 $29,024,000 is available for the National Polar-Orbiting

9 Operational Environmental Satellite System (Space) pro10 gram (PE 0603434F).

11 (b) FUNDS AVAILABLE FOR INTERCONTINENTAL BAL12 LISTIC MISSILE.—Of the amount authorized to be appro13 priated under section 201(3), $212,895,000 is available for

14 the Intercontinental Ballistic Missile—EMD program (PE

15 0604851F).

16 SEC. 230. SURGICAL STRIKE VEHICLE FOR USE AGAINST

17 HARDENED AND DEEPLY BURIED TARGETS.

18 (a) AMOUNT AUTHORIZED.—Of the amount authorized

19 to be appropriated by section 201(4) for

20 counterproliferation support program $3,000,000 shall be

21 made available to the Air Combat Command for research

22 and development into the near-term development of a capa23 bility to defeat hardened and deeply buried targets, includ24 ing tunnels and deeply buried facilities for the production
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1 and storage of chemical, biological, and nuclear weapons

2 and their delivery systems.

3 (b) REQUIREMENTS.—Nothing in this section shall be

4 construed as precluding the application of the requirements

5 of the Competition in Contracting Act.

6 Subtitle C—Ballistic Missile

7 Defense

8 SEC. 231. CONVERSION OF ABM TREATY TO MULTILATERAL

9 TREATY.

10 (a) FISCAL YEAR 1997.—It is the sense of the Senate

11 that during fiscal year 1997, the United States shall not

12 be bound by any international agreement entered into by

13 the President that would substantively modify the ABM

14 Treaty, including any agreement that would add one or

15 more countries as signatories to the treaty or would other16 wise convert the treaty from a bilateral treaty to a multilat17 eral treaty, unless the agreement is entered pursuant to the

18 treaty making power of the President under the Constitu19 tion.

20 (b) RELATIONSHIP TO OTHER LAW.—This section

21 shall not be construed as superseding section 232 of the Na22 tional Defense Authorization Act for Fiscal Year 1995 (Pub23 lic Law 103–337; 108 Stat. 2701) for any fiscal year other

24 than fiscal year 1997, including any fiscal year after fiscal

25 year 1997.
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1 SEC. 232. FUNDING FOR UPPER TIER THEATER MISSILE DE2 FENSE SYSTEMS.

3 (a) FUNDING.—Funds authorized to be appropriated

4 under section 201(4) shall be available for purposes and in

5 amounts as follows:

6 (1) For the Theater High Altitude Area Defense

7 (THAAD) System, $621,798,000.

8 (2) For the Navy Upper Tier (Theater Wide)

9 system, $304,171,000.

10 (b) LIMITATION.—None of the funds appropriated or

11 otherwise made available for the Department of Defense

12 pursuant to this or any other Act may be obligated or ex13 pended by the Office of the Under Secretary of Defense for

14 Acquisition and Technology for official representation ac15 tivities, or related activities, until the Secretary of Defense

16 certifies to Congress that—

17 (1) the Secretary has made available for obliga18 tion the funds provided under subsection (a) for the

19 purposes specified in that subsection and in the

20 amounts appropriated pursuant to that subsection;

21 and

22 (2) the Secretary has included the Navy Upper

23 Tier theater missile defense system in the theater mis24 sile defense core program.
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1 SEC. 233. ELIMINATION OF REQUIREMENTS FOR CERTAIN

2 ITEMS TO BE INCLUDED IN THE ANNUAL RE3 PORT ON THE BALLISTIC MISSILE DEFENSE

4 PROGRAM.

5 Section 224(b) of the National Defense Authorization

6 Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note),

7 is amended—

8 (1) by striking out paragraphs (3), (4), (7), (9),

9 and (10); and

10 (2) by redesignating paragraphs (5), (6), and

11 (8), as paragraphs (3), (4), and (5), respectively.

12 SEC. 234. ABM TREATY DEFINED.

13 In this subtitle, the term ‘‘ABM Treaty’’ means the

14 Treaty Between the United States of America and the

15 Union of Soviet Socialist Republics on the Limitation of

16 Anti-Ballistic Missile Systems, signed in Moscow on May

17 26, 1972, with related protocol, signed in Moscow on July

18 3, 1974.

19 SEC. 235. SCORPIUS SPACE LAUNCH TECHNOLOGY PRO20 GRAM.

21 Of the amount authorized to be appropriated under

22 section 201(4) for the Ballistic Missile Defense Organization

23 for Support Technologies/Follow-On Technologies (PE

24 63173C), up to $7,500,000 is available for the Scorpius

25 space launch technology program.
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1 SEC. 236. CORPS SAM/MEADS PROGRAM.

2 (a) FUNDING.—Of the amount authorized to be appro3 priated under section 201(4)—

4 (1) $56,200,000 is available for the Corps sur5 face-to-air missile (SAM)/Medium Extended Air De6 fense System (MEADS) program (PE63869C); and

7 (2) $515,711,000 is available for Other Theater

8 Missile Defense programs, projects, and activities

9 (PE63872C).

10 (b) INTERNATIONAL COOPERATION.—The Secretary of

11 Defense may carry out the program referred to in subsection

12 (a) in accordance with the memorandum of understanding

13 entered into on May 25, 1996 by the governments of the

14 United States, Germany, and Italy regarding international

15 cooperation on such program (including any amendments

16 to the memorandum of understanding).

17 (c) LIMITATIONS.—Not more than $15,000,000 of the

18 amount available for the Corps SAM/MEADS program

19 under subsection (a) may be obligated until the Secretary

20 of Defense submits to the congressional defense committees

21 the following:

22 (1) An initial program estimate for the Corps

23 SAM/MEADS program, including a tentative sched24 ule of major milestones and an estimate of the total

25 program cost through initial operational capability.
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1 (2) A report on the options associated with the

2 use of existing systems, technologies, and program

3 management mechanisms to satisfy the requirement

4 for the Corps surface-to-air missile, including an as5 sessment of cost and schedule implications in relation

6 to the program estimate submitted under paragraph

7 (1).

8 (3) A certification that there will be no increase

9 in overall United States funding commitment to the

10 project definition and validation phase of the Corps

11 SAM/MEADS program as a result of the withdrawal

12 of France from participation in the program.

13 SEC. 237. ANNUAL REPORT ON THREAT OF ATTACK BY BAL14 LISTIC MISSILES CARRYING NUCLEAR, CHEM15 ICAL, OR BIOLOGICAL WARHEADS.

16 (a) FINDINGS.—Congress makes the following findings:

17 (1) The worldwide proliferation of ballistic mis18 siles is a potential threat to the United States na19 tional interests overseas and challenges United States

20 defense planning.

21 (2) In the absence of a national missile defense,

22 the United States remains vulnerable to long-range

23 missile threats.

24 (3) Russia has a ground-based missile defense

25 system deployed around Moscow.
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1 (4) Several countries, including Iraq, Iran, and

2 North Korea may soon be technologically capable of

3 threatening the United States and Russia with ballis4 tic missile attack.

5 (b) REPORT REQUIRED.—(1) Each year, the President

6 shall submit to Congress a report on the threats to the Unit7 ed States of attack by ballistic missiles carrying nuclear,

8 biological, or chemical warheads.

9 (2) The President shall submit the first report not later

10 than 180 days after the date of the enactment of this Act.

11 (c) CONTENT OF REPORT.—The report shall contain

12 the following:

13 (1) A list of all countries thought to have nu14 clear, chemical, or biological weapons, the estimated

15 numbers of such weapons that each country has, and

16 the destructive potential of the weapons.

17 (2) A list of all countries thought to have ballis18 tic missiles, the estimated number of such missiles

19 that each country has, and an assessment of the abil20 ity of those countries to integrate their ballistic mis21 sile capabilities with their nuclear, chemical, or bio22 logical weapons technologies.

23 (3) A comparison of the United States civil de24 fense capabilities with the civil defense capabilities of

25 each country that has nuclear, chemical, or biological
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1 weapons and ballistic missiles capable of delivering

2 such weapons.

3 (4) An estimate of the number of American fa4 talities and injuries that could result, and an esti5 mate of the value of property that could be lost, from

6 an attack on the United States by ballistic missiles

7 carrying nuclear, chemical, or biological weapons if

8 the United States were left undefended by a national

9 missile defense system covering all 50 States.

10 (5) Assuming the use of any existing theater bal11 listic missile defense system for defense of the United

12 States, a list of the States that would be left exposed

13 to nuclear ballistic missile attacks and the criteria

14 used to determine which States would be left exposed.

15 (6) The means by which the United States is

16 preparing to defend itself against the potential threat

17 of ballistic missile attacks by North Korea, Iran, Iraq,

18 and other countries obtaining ballistic missiles capa19 ble of delivering nuclear, chemical, and biological

20 weapons in the near future.

21 (7) For each country that is capable of attacking

22 the United States with ballistic missiles carrying a

23 nuclear, biological, or chemical weapon, a comparison

24 of—
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1 (A) the vulnerability of the United States to

2 such an attack if theater missile defenses were

3 used to defend against the attack; and

4 (B) the vulnerability of the United States to

5 such an attack if a national missile defense were

6 in place to defend against the attack.

7 SEC. 238. AIR FORCE NATIONAL MISSILE DEFENSE PLAN.

8 (a) SENSE OF THE SENATE.—It is the sense of the Sen9 ate that—

10 (1) the Air Force proposal for a Minuteman

11 based national missile defense system is an important

12 national missile defense option and is worthy of seri13 ous consideration; and

14 (2) the Secretary of Defense should give the Air

15 Force National Missile Defense Proposal full consider16 ation.

17 (b) REPORT.—Not later than 120 days after the enact18 ment of this Act, the Secretary of Defense shall provide the

19 congressional defense committees a report on the following

20 matters in relation to the Air Force National Missile De21 fense Proposal:

22 (1) The cost and operational effectiveness of a

23 system that could be developed pursuant to the Air

24 Forces’ plan.
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1 (2) The Arms Control implications of such sys2 tem.

3 (3) Growth potential to meet future threats.

4 (4) The Secretary’s recommendation for improve5 ments to the Air Force’s plan.

6 SEC. 239. EXTENSION OF PROHIBITION ON USE OF FUNDS

7 TO IMPLEMENT AN INTERNATIONAL AGREE8 MENT CONCERNING THEATER MISSILE DE9 FENSE SYSTEMS.

10 Section 235(c) of the National Defense Authorization

11 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

12 232) is amended in the matter preceding paragraph (1) by

13 inserting ‘‘or 1997’’ after ‘‘fiscal year 1996’’.

14 Subtitle D—Other Matters

15 SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR16 CRAFT.

17 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

18 Secretary of Defense may, in accordance with section

19 2366(c) of title 10, United States Code, waive for the F–

20 22 aircraft program the survivability tests required by that

21 section, notwithstanding that such program has entered

22 full-scale engineering development.

23 (b) REPORTING REQUIREMENT.—(1) If the Secretary

24 of Defense submits in accordance with section 2366(c)(1)

25 of title 10, United States Code, a certification that live-fire
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1 testing of the F–22 aircraft would be unreasonably expen2 sive and impractical, the Secretary of Defense shall require

3 that F–22 aircraft components and subsystems be made

4 available for any alternative live-fire test program.

5 (2) The components and subsystem required by the

6 Secretary to be made available for such a program shall

7 be components that—

8 (A) could affect the survivability of the F–22 air9 craft; and

10 (B) are sufficiently large and realistic that

11 meaningful conclusions about the survivability of F–

12 22 aircraft can be drawn from the test results.

13 (c) FUNDING.—Funds available for the F–22 aircraft

14 program may be used for carrying out any alternative live15 fire testing program for F–22 aircraft.

16 SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR17 CRAFT.

18 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

19 Secretary of Defense may, in accordance with section

20 2366(c) of title 10, United States Code, waive for the V–

21 22 aircraft program the survivability tests required by that

22 section, notwithstanding that such program has entered en23 gineering and manufacturing development.

24 (b) ALTERNATIVE SURVIVABILITY TEST REQUIRE25 MENTS.—If the Secretary of Defense submits in accordance
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1 with section 2366(c)(1) of title 10, United States Code, a

2 certification that live-fire testing of the V–22 aircraft would

3 be unreasonably expensive and impractical, the Secretary

4 of Defense shall require that a sufficient number of compo5 nents critical to the survivability of the V–22 aircraft be

6 tested in an alternative live-fire test program involving re7 alistic threat environments that meaningful conclusions

8 about the survivability of V–22 aircraft can be drawn from

9 the test results.

10 (c) FUNDING.—Funds available for the V–22 aircraft

11 program may be used for carrying out any alternative live12 fire testing program for V–22 aircraft.

13 SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIA14 TIVE SUPPORT PROGRAM.

15 Section 802(c) of the National Defense Authorization

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

17 1701; 10 U.S.C. 2358 note) is amended by striking out ‘‘fis18 cal years before the fiscal year in which the institution sub19 mits a proposal’’ and inserting in lieu thereof ‘‘most recent

20 fiscal years for which complete statistics are available when

21 proposals are requested’’.

22 SEC. 244. DESALTING TECHNOLOGIES.

23 (a) FINDINGS.—Congress makes the following findings:

24 (1) Access to scarce fresh water is likely to be a

25 cause of future military conflicts in the Middle East
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1 and has a direct impact on stability and security in

2 the region.

3 (2) The Middle East is an area of vital and stra4 tegic importance to the United States.

5 (3) The United States has played a military role

6 in the Middle East, most recently in the Persian Gulf

7 War, and may likely be called upon again to deter

8 aggression in the region.

9 (4) United States troops have used desalting

10 technologies to guarantee the availability of fresh

11 water in past deployments in the Middle East.

12 (5) Adequate, efficient, and cheap access to high13 quality fresh water will be vital to maintaining the

14 readiness and sustainability of United States troops,

15 and those of our allies.

16 (b) SENSE OF SENATE.—It is the sense of the Senate

17 that, as improved access to fresh water will be an important

18 factor in helping prevent future conflicts in the Middle

19 East, the United States should, in cooperation with its al20 lies, promote and invest in technologies to reduce the costs

21 of converting saline water into fresh water.

22 (c) FUNDING FOR RESEARCH AND DEVELOPMENT.—

23 Of the amounts authorized to be appropriated by this title,

24 the Secretary shall place greater emphasis on making funds

25 available for research and development into efficient and
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1 economical processes and methods for converting saline

2 water into fresh water.

3 Subtitle E—National

4 Oceanographic Partnership

5 SEC. 251. SHORT TITLE.

6 This subtitle may be cited as the ‘‘National Oceano7 graphic Partnership Act’’.

8 SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO9 GRAM.

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

11 United States Code, is amended by inserting after chapter

12 663 the following new chapter:

13 ‘‘CHAPTER 665—NATIONAL OCEANO14 GRAPHIC PARTNERSHIP PROGRAM

‘‘Sec.

‘‘7901. National Oceanographic Partnership Program.

‘‘7902. National Ocean Research Leadership Council.

‘‘7903. Partnership program projects.

15 ‘‘§ 7901. National Oceanographic Partnership Pro16 gram

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

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

19 Oceanographic Partnership Program’.

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

21 follows:

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

23 national security, advancing economic development,
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1 protecting quality of life, and strengthening science

2 education and communication through improved

3 knowledge of the ocean.

4 ‘‘(2) To coordinate and strengthen oceanographic

5 efforts in support of those goals by—

6 ‘‘(A) identifying and carrying out partner7 ships among Federal agencies, institutions of

8 higher education, industry, and other members of

9 the oceanographic scientific community in the

10 areas of data, resources, education, and commu11 nication; and

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

13 program.

14 ‘‘(c) NATIONAL COASTAL DATA CENTER.—(1) The Sec15 retary of the Navy shall establish a National Coastal Data

16 Center at each of two educational institutions that are ei17 ther well-established oceanographic institutes or graduate

18 schools of oceanography. The Secretary shall select for the

19 center one institution located at or near the east coast of

20 the continental United States and one institution located

21 at or near the west coast of the continental United States.

22 ‘‘(2) The purpose of the center is to collect, maintain,

23 and make available for research and educational purposes

24 information on coastal oceanographic phenomena.
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1 ‘‘(3) The Secretary shall complete the establishment of

2 the National Coastal Data Center not later than one year

3 after the date of the enactment of the National Defense Au4 thorization Act for Fiscal Year 1997.

5 ‘‘§ 7902. National Ocean Research Leadership Council

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

7 Leadership Council (hereinafter in this chapter referred to

8 as the ‘‘Council’’).

9 ‘‘(b) MEMBERSHIP.—The Council is composed of the

10 following members:

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

12 chairman of the Council.

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

14 and Atmospheric Administration, who shall be the

15 vice chairman of the Council.

16 ‘‘(3) The Director of the National Science Foun17 dation.

18 ‘‘(4) The Administrator of the National Aero19 nautics and Space Administration.

20 ‘‘(5) The Commandant of the Coast Guard.

21 ‘‘(6) With their consent, the President of the Na22 tional Academy of Sciences, the President of the Na23 tional Academy of Engineering, and the President of

24 the Institute of Medicine.
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1 ‘‘(7) Up to five members appointed by the Chair2 man from among individuals who will represent the

3 views of ocean industries, institutions of higher edu4 cation, and State governments.

5 ‘‘(c) TERM OF OFFICE.—The term of office of a mem6 ber of the Council appointed under paragraph (7) of sub7 section (b) shall be two years, except that any person ap8 pointed to fill a vacancy occurring before the expiration of

9 the term for which his predecessor was appointed shall be

10 appointed for the remainder of such term.

11 ‘‘(d) ANNUAL REPORT.—Not later than March 1 of

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

13 on the National Oceanographic Partnership Program. The

14 report shall contain the following:

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

16 carried out during the fiscal year before the fiscal

17 year in which the report is prepared. The description

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

19 Research Partnership Coordinating Group (estab20 lished pursuant to subsection (e)), the Ocean Research

21 Advisory Panel (established pursuant to subsection

22 (f)), and any working groups in existence during the

23 fiscal year covered.
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1 ‘‘(2) A general outline of the activities planned

2 for the program during the fiscal year in which the

3 report is prepared.

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

5 fiscal year before the fiscal year in which the report

6 is prepared and projects expected to be started during

7 the fiscal year in which the report is prepared and

8 during the following fiscal year.

9 ‘‘(4) A description of the involvement of the pro10 gram with Federal interagency coordinating entities.

11 ‘‘(5) The amounts requested, in the budget sub12 mitted to Congress pursuant to section 1105(a) of title

13 31 for the fiscal year following the fiscal year in

14 which the report is prepared, for the programs,

15 projects, and activities of the program and the esti16 mated expenditures under such programs, projects,

17 and activities during such following fiscal year.

18 ‘‘(e) OCEAN RESEARCH PARTNERSHIP COORDINATING

19 GROUP.—(1) The Council shall establish an Ocean Research

20 Partnership Coordinating Group consisting of not more

21 than 10 members appointed by the Council from among of22 ficers and employees of the Government, persons employed

23 in the maritime industry, educators at institutions of high24 er education, and officers and employees of State govern25 ments.
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1 ‘‘(2) The Council shall designate a member of the Co2 ordinating Group to serve as Chairman of the group.

3 ‘‘(3) The Council shall assign to the Coordinating

4 Group responsibilities that the Council considers appro5 priate. The Coordinating Group shall be subject to the au6 thority, direction, and control of the Council in the perform7 ance the assigned responsibilities.

8 ‘‘(f) OCEAN RESEARCH ADVISORY PANEL.—(1) The

9 Council shall establish an Ocean Research Advisory Panel

10 consisting of members appointed by the Council from

11 among persons eminent in the fields of oceanography, ocean

12 sciences, or marine policy (or related fields) who are rep13 resentative of the interests of governments, institutions of

14 higher education, and industry in the matters covered by

15 the purposes of the National Oceanographic Partnership

16 Program (as set forth in section 7901(b) of this title).

17 ‘‘(2) The Council shall assign to the Advisory Panel

18 responsibilities that the Council consider appropriate. The

19 Coordinating Group shall be subject the authority, direc20 tion, and control of the Council to in the performance of

21 the assigned responsibilities.

22 ‘‘§ 7903. Partnership program projects

23 ‘‘(a) SELECTION OF PARTNERSHIP PROJECTS.—The

24 National Ocean Research Leadership Council shall select

25 the partnership projects that are to be considered eligible
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1 for support under the National Oceanographic Partnership

2 Program. A project partnership may be established by any

3 instrument that the Council considers appropriate, includ4 ing a memorandum of understanding, a cooperative re5 search and development agreement, and any similar instru6 ment.

7 ‘‘(b) CONTRACT AND GRANT AUTHORITY.—(1) The

8 Council may authorize one or more of the departments and

9 agencies of the Federal Government represented on the

10 Council to enter into contracts or to make grants for the

11 support of partnership projects selected under subsection

12 (a).

13 ‘‘(2) Funds appropriated or otherwise made available

14 for the National Oceanographic Partnership Program may

15 be used for contracts entered into or grants awarded under

16 authority provided pursuant to paragraph (1).’’.

17 (2) The table of chapters at the beginning of subtitle

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

19 part IV of such subtitle, are each amended by inserting after

20 the item relating to chapter 663 the following:

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

21 (b) INITIAL APPOINTMENTS OF COUNCIL MEMBERS.—

22 The Chairman of the National Ocean Research Leadership

23 Council established under section 7902 of title 10, United

24 States Code, as added by subsection (a)(1), shall make the
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1 appointments required by subsection (b)(7) of such section

2 not later than December 1, 1996.

3 (c) FIRST ANNUAL REPORT OF NATIONAL OCEAN RE4 SEARCH LEADERSHIP COUNCIL.—The first annual report

5 required by section 7902(d) of title 10, United States Code,

6 as added by subsection (a)(1), shall be submitted to Con7 gress not later than March 1, 1997. The first report shall

8 include, in addition to the information required by such

9 section, information about the terms of office, procedures,

10 and responsibilities of the Ocean Research Advisory Panel

11 established by the Council.

12 (d) FUNDING.—Of the funds authorized to be appro13 priated by section 201(2), $13,000,000 shall be available for

14 the National Oceanographic Partnership Program.

15 TITLE III—OPERATION AND

16 MAINTENANCE

17 Subtitle A—Authorization of

18 Appropriations

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

20 Funds are hereby authorized to be appropriated for fis21 cal year 1997 for the use of the Armed Forces and other

22 activities and agencies of the Department of Defense for ex23 penses, not otherwise provided for, for operation and main24 tenance, in amounts as follows:

25 (1) For the Army, $18,147,623,000.
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1 (2) For the Navy, $20,298,339,000.

2 (3) For the Marine Corps, $2,279,477,000.

3 (4) For the Air Force, $17,949,339,000.

4 (5) For Defense-wide activities, $9,863,942,000.

5 (6) For the Army Reserve, $1,094,436,000.

6 (7) For the Naval Reserve, $851,027,000.

7 (8) For the Marine Corps Reserve, $110,367,000.

8 (9) For the Air Force Reserve, $1,493,553,000.

9 (10) For the Army National Guard,

10 $2,218,477,000.

11 (11) For the Air National Guard,

12 $2,699,173,000.

13 (12) For the Defense Inspector General,

14 $136,501,000.

15 (13) For the United States Court of Appeals for

16 the Armed Forces, $6,797,000.

17 (14) For Environmental Restoration, Army,

18 $356,916,000.

19 (15) For Environmental Restoration, Navy,

20 $302,900,000.

21 (16) For Environmental Restoration, Air Force,

22 $414,700,000.

23 (17) For Environmental Restoration, Defense24 wide, $258,500,000.
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1 (18) For Drug Interdiction and Counter-drug

2 Activities, Defense-wide, $793,824,000.

3 (19) For Medical Programs, Defense,

4 $9,375,988,000.

5 (20) For Cooperative Threat Reduction pro6 grams, $327,900,000.

7 (21) For Overseas Humanitarian, Disaster, and

8 Civic Aid programs, $49,000,000.

9 SEC. 302. WORKING CAPITAL FUNDS.

10 Funds are hereby authorized to be appropriated for fis11 cal year 1997 for the use of the Armed Forces and other

12 activities and agencies of the Department of Defense for

13 providing capital for working capital and revolving funds

14 in amounts as follows:

15 (1) For the Defense Business Operations Fund,

16 $947,900,000.

17 (2) For the National Defense Sealift Fund,

18 $1,268,002,000.

19 SEC. 303. DEFENSE NUCLEAR AGENCY.

20 Of the amounts authorized to be appropriated for the

21 Department of Defense under section 301(5), $88,083,000

22 shall be available for the Defense Nuclear Agency.
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1 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

2 TRANSACTION FUND.

3 (a) TRANSFER AUTHORITY.—To the extent provided in

4 appropriations Acts, not more than $150,000,000 is author5 ized to be transferred from the National Defense Stockpile

6 Transaction Fund to operation and maintenance accounts

7 for fiscal year 1997 in amounts as follows:

8 (1) For the Army, $50,000,000.

9 (2) For the Navy, $50,000,000.

10 (3) For the Air Force, $50,000,000.

11 (b) TREATMENT OF TRANSFERS.—Amounts trans12 ferred under this section—

13 (1) shall be merged with, and be available for the

14 same purposes and the same period as, the amounts

15 in the accounts to which transferred; and

16 (2) may not be expended for an item that has

17 been denied authorization of appropriations by Con18 gress.

19 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR20 ITY.—The transfer authority provided in this section is in

21 addition to the transfer authority provided in section 1001.

22 SEC. 305. CIVIL AIR PATROL.

23 (a) FUNDING.—Of the amounts authorized to be ap24 propriated pursuant to this Act, $14,526,000 may be made

25 available to the Civil Air Patrol Corporation.
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1 (b) AMOUNT FOR SEARCH AND RESCUE OPER2 ATIONS.—Of the amount made available pursuant to sub3 section (a), not more than 75 percent of such amount may

4 be available for costs other than the costs of search and res5 cue missions.

6 SEC. 306. SR–71 CONTINGENCY RECONNAISSANCE FORCE.

7 Of the funds authorized to be appropriated by section

8 301(4), $30,000,000 is authorized to be made available for

9 the SR–71 contingency reconnaissance force.

10 Subtitle B—Program Requirements,

11 Restrictions, and Limitations

12 SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME

13 PREPOSITIONING SHIPS OUT OF NATIONAL

14 DEFENSE SEALIFT FUND.

15 (a) NATIONAL DEFENSE SEALIFT FUND.—To the ex16 tent provided in appropriations Acts, funds in the National

17 Defense Sealift Fund may be obligated and expended for

18 the purchase and conversion, or construction, of a total of

19 three ships for the purpose of enhancing Marine Corps

20 prepositioning ship squadrons.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the

22 amount authorized to be appropriated under section 302(2),

23 $240,000,000 is authorized to be appropriated for the pur24 pose stated in subsection (a).
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1 SEC. 312. NATIONAL DEFENSE SEALIFT FUND.

2 Section 2218 of title 10, United States Code, is amend3 ed—

4 (1) in subsection (c)(1)(E), by striking out ‘‘, but

5 only for vessels built in United States shipyards’’;

6 (2) in subsection (f)—

7 (A) in paragraph (1)—

8 (i) by striking out ‘‘five’’ and inserting

9 in lieu thereof ‘‘ten’’; and

10 (ii) by striking out ‘‘(c)(1)’’ and in11 serting in lieu thereof ‘‘(c)(1)(A)’’; and

12 (B) in paragraph (2), by striking out

13 ‘‘(c)(1)’’ and inserting in lieu thereof

14 ‘‘(c)(1)(A)’’; and

15 (3) in subsection (j), by striking out ‘‘(c)(1) (A),

16 (B), (C), and (D)’’ and inserting in lieu thereof

17 ‘‘(c)(1) (A), (B), (C), (D), and (E)’’.

18 SEC. 313. NONLETHAL WEAPONS CAPABILITIES.

19 Of the amount authorized to be appropriated under

20 section 301, $5,000,000 shall be available for the immediate

21 procurement of nonlethal weapons capabilities to meet ex22 isting deficiencies in inventories of such capabilities, of

23 which—

24 (1) $2,000,000 shall be available for the Army;

25 and
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1 (2) $3,000,000 shall be available for the Marine

2 Corps.

3 SEC. 314. RESTRICTION ON COAST GUARD FUNDING.

4 No funds are authorized by this Act to be appropriated

5 to the Department of Defense for the Coast Guard within

6 budget subfunction 054.

7 SEC. 315. OCEANOGRAPHIC SHIP OPERATIONS AND DATA

8 ANALYSIS.

9 (a) FUNDS AUTHORIZED.—Of the funds provided by

10 section 301(2), an additional $6,200,000 may be authorized

11 for the reduction, storage, modeling and conversion of

12 oceanographic data for use by the Navy, consistent with

13 Navy’s requirements.

14 (b) PURPOSE.—Such funds identified in subsection (a)

15 shall be in addition to such amounts already provided for

16 this purpose in the budget request.

17 Subtitle C—Depot-Level Activities

18 SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF

19 CORE LOGISTICS FUNCTIONS.

20 Section 2464(a) of title 10, United States Code is

21 amended by striking out paragraph (2) and inserting in

22 lieu thereof the following:

23 ‘‘(2) The Secretary of Defense shall maintain within

24 the Department of Defense those logistics activities and ca25 pabilities that are necessary to provide the logistics capabil-
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1 ity described in paragraph (1). The logistics activities and

2 capabilities maintained under this paragraph shall include

3 all personnel, equipment, and facilities that are necessary

4 to maintain and repair the weapon systems and other mili5 tary equipment identified under paragraph (3).

6 ‘‘(3) The Secretary of Defense, in consultation with the

7 Joint Chiefs of Staff, shall identify the weapon systems and

8 other military equipment that it is necessary to maintain

9 and repair within the Department of Defense in order to

10 maintain within the department the capability described

11 in paragraph (1).

12 ‘‘(4) The Secretary shall require that the core logistics

13 functions identified pursuant to paragraph (3) be per14 formed in Government-owned, Government-operated facili15 ties of the Department of Defense by Department of Defense

16 personnel using Department of Defense equipment.’’.

17 SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CON18 TRACTOR PERFORMANCE OF DEPOT-LEVEL

19 MAINTENANCE AND REPAIR WORKLOADS.

20 (a) FIFTY PERCENT LIMITATION.—Section 2466(a) of

21 title 10, United States Code, is amended by striking out

22 ‘‘40 percent’’ in the first sentence and inserting in lieu

23 thereof ‘‘50 percent’’.

24 (b) INCREASE DELAYED PENDING RECEIPT OF STRA25 TEGIC PLAN FOR THE PERFORMANCE OF DEPOT-LEVEL
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1 MAINTENANCE AND REPAIR.—(1) Notwithstanding the first

2 sentence of section 2466(a) of title 10, United States Code

3 (as amended by subsection (a)), until the strategic plan for

4 the performance of depot-level maintenance and repair is

5 submitted under section 325, not more than 40 percent of

6 the funds made available in a fiscal year to a military de7 partment or a Defense Agency for depot-level maintenance

8 and repair workload may be used to contract for the per9 formance by non-Federal Government personnel of such

10 workload for the military department or the Defense Agen11 cy.

12 (2) In paragraph (1), the term ‘‘depot-level mainte13 nance and repair workload’’ has the meaning given such

14 term in section 2466(f) of title 10, United States Code.

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

16 REPAIR.

17 Subsection (e) of section 2466 of title 10, United States

18 Code, is amended to read as follows:

19 ‘‘(e) REPORT.—(1) Not later than February 1 of each

20 year, the Secretary of Defense shall submit to Congress a

21 report identifying, for each military department and De22 fense Agency—

23 ‘‘(A) the percentage of the funds referred to in

24 subsection (a) that were used during the preceding fis25 cal year for performance of depot-level maintenance
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1 and repair workloads by Federal Government person2 nel; and

3 ‘‘(B) the percentage of the funds referred to in

4 subsection (a) that were used during the preceding fis5 cal year to contract for the performance of depot-level

6 maintenance and repair workloads by non-Federal

7 Government personnel.

8 ‘‘(2) Not later than 90 days after the date on which

9 the Secretary submits the annual report under paragraph

10 (1), the Comptroller General shall submit to the Committees

11 on Armed Services and on Appropriations of the Senate

12 and the Committees on National Security and on Appro13 priations of the House of Representatives the Comptroller’s

14 views on whether the Department of Defense has complied

15 with the requirements of subsection (a) for the fiscal year

16 covered by the report.’’.

17 SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORK18 LOAD DEFINED.

19 Section 2466 of title 10, United States Code, is amend20 ed by adding at the end the following:

21 ‘‘(f) DEPOT-LEVEL MAINTENANCE AND REPAIR WORK22 LOAD DEFINED.—In this section, the term ‘depot-level

23 maintenance and repair workload’—

24 ‘‘(1) means material maintenance requiring

25 major overhaul or complete rebuilding of parts, as-
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1 semblies, or subassemblies, and testing and reclama2 tion of equipment as necessary, including all aspects

3 of software maintenance;

4 ‘‘(2) includes those portions of interim contractor

5 support, contractor logistics support, or any similar

6 contractor support for the performance of services de7 scribed in paragraph (1); and

8 ‘‘(3) does not include ship modernization and

9 other repair activities that—

10 ‘‘(A) are funded out of appropriations

11 available to the Department of Defense for pro12 curement; and

13 ‘‘(B) were not considered to be depot-level

14 maintenance and repair workload activities

15 under regulations of the Department of Defense

16 in effect on February 10, 1996.’’.

17 SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL

18 MAINTENANCE AND REPAIR.

19 (a) STRATEGIC PLAN REQUIRED.—(1) As soon as pos20 sible after the enactment of this Act, the Secretary of De21 fense shall submit to the Committee on Armed Services of

22 the Senate and the Committee on National Security of the

23 House of Representatives a strategic plan for the perform24 ance of depot-level maintenance and repair.
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1 (2) The strategic plan shall cover the performance of

2 depot-level maintenance and repair for the Department of

3 Defense in fiscal years 1998 through 2007. The plan shall

4 provide for maintaining the capability described in section

5 2464 of title 10, United States Code.

6 (b) ADDITIONAL MATTERS COVERED.—The Secretary

7 of Defense shall include in the strategic plan submitted

8 under subsection (a) a detailed discussion of the following

9 matters:

10 (1) For each military department, as determined

11 after consultation with the Secretary of that military

12 department and the Chairman of the Joint Chiefs of

13 Staff, the depot-level maintenance and repair activi14 ties and workloads that are necessary to perform

15 within the Department of Defense in order to main16 tain the core logistics capability required by section

17 2464 of title 10, United States Code.

18 (2) For each military department, as determined

19 after consultation with the Secretary of that military

20 department and the Chairman of the Joint Chiefs of

21 Staff, the depot-level maintenance and repair activi22 ties and workloads that the Secretary of Defense plans

23 to perform within the Department of Defense in order

24 to satisfy the requirements of section 2466 of title 10,

25 United States Code.
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1 (3) For the activities identified pursuant to

2 paragraphs (1) and (2), a discussion of which specific

3 existing weapon systems or other existing equipment,

4 and which specific planned weapon systems or other

5 planned equipment, are weapon systems or equipment

6 for which it is necessary to maintain a core depot7 level maintenance and repair capability within the

8 Department of Defense.

9 (4) The core capabilities, including sufficient

10 skilled personnel, equipment, and facilities, that—

11 (A) are of sufficient size—

12 (i) to ensure a ready and controlled

13 source of the technical competencies, and the

14 maintenance and repair capabilities, that

15 are necessary to meet the requirements of

16 the national military strategy and other re17 quirements for responding to mobilizations

18 and military contingencies; and

19 (ii) to provide for rapid augmentation

20 in time of emergency; and

21 (B) are assigned a sufficient workload to

22 ensure cost efficiency and technical proficiency

23 in peacetime.

24 (5) The environmental liability issues associated

25 with any projected privatization of the performance of
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1 depot-level maintenance and repair, together with de2 tailed projections of the cost to the United States of

3 satisfying environmental liabilities associated with

4 such privatized performance.

5 (6) Any significant issues and risks concerning

6 exchange of technical data on depot-level maintenance

7 and repair between the Federal Government and the

8 private sector.

9 (7) Any deficiencies in Department of Defense fi10 nancial systems that hinder effective evaluation of

11 competitions (whether among private-sector sources or

12 among depot-level activities owned and operated by

13 the Department of Defense and private-sector sources),

14 and merit-based selections (among depot-level activi15 ties owned and operated by the Department of De16 fense), for a depot-level maintenance and repair work17 load, together with plans to correct such deficiencies.

18 (9) The type of facility (whether a private sector

19 facility or a Government owned and operated facility)

20 in which depot-level maintenance and repair of any

21 new weapon systems that will reach full scale develop22 ment is to be performed.

23 (10) The workloads necessary to maintain Gov24 ernment owned and operated depots at 50 percent, 70

25 percent, and 85 percent of operating capacity.
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1 (11) A plan for improving the productivity of

2 the Government owned and operated depot mainte3 nance and repair facilities, together with manage4 ment plans for changing administrative and missions

5 processes to achieve productivity gains, a discussion

6 of any barriers to achieving desired productivity

7 gains at the depots, and any necessary changes in ci8 vilian personnel policies that are necessary to im9 prove productivity.

10 (12) The criteria used to make decisions on

11 whether to convert to contractor performance of depot12 level maintenance and repair, the officials responsible

13 for making the decision to convert, and any depot14 level maintenance and repair workloads that are pro15 posed to be converted to contractor performance before

16 the end of fiscal year 2001.

17 (13) A detailed analysis of savings proposed to

18 be achieved by contracting for the performance of

19 depot-level maintenance and repair workload by pri20 vate sector sources, together with the report on the re21 view of the analysis (and the assumptions underlying

22 the analysis) provided for under subsection (c).

23 (c) INDEPENDENT REVIEW OF SAVINGS ANALYSIS.—

24 The Secretary shall provide for a public accounting firm

25 (independent of Department of Defense influence) to review
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1 the analysis referred to in subsection (b)(13) and the as2 sumptions underlying the analysis for submission to the

3 committees referred to in subsection (a) and to the Comp4 troller General.

5 (d) REVIEW BY COMPTROLLER GENERAL.—(1) At the

6 same time that the Secretary of Defense transmits the stra7 tegic plan under subsection (a), the Secretary shall transmit

8 a copy of the plan (including the report of the public ac9 counting firm provided for under subsection (c)) to the

10 Comptroller General of the United States and make avail11 able to the Comptroller General all information used by the

12 Department of Defense in preparing the plan and analysis.

13 (2) Not later than 60 days after the date on which

14 the Secretary submits the strategic plan required by sub15 section (a), the Comptroller General shall transmit to Con16 gress a report containing a detailed analysis of the strategic

17 plan.

18 (e) ADDITIONAL REPORTING REQUIREMENT FOR

19 COMPTROLLER GENERAL.—Not later than February 1,

20 1997, the Comptroller General shall submit to the commit21 tees referred to in subsection (a) a report on the effectiveness

22 of the oversight by the Department of Defense of the man23 agement of existing contracts with private sector sources of

24 depot-level maintenance and repair of weapon systems, the

25 adequacy of Department of Defense financial and informa-
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1 tion systems to support effective decisions to contract for

2 private sector performance of depot-level maintenance and

3 repair workloads that are being or have been performed by

4 Government personnel, the status of reengineering efforts at

5 depots owned and operated by the United States, and any

6 overall management weaknesses within the Department of

7 Defense that would hinder effective use of contracting for

8 the performance of depot-level maintenance and repair.

9 SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCEDURES.

10 (a) ANNUAL REPORT.—Section 2469 of title 10, Unit11 ed States Code, is amended by adding at the end the follow12 ing:

13 ‘‘(d) ANNUAL REPORT.—Not later than March 31 of

14 each year, the Secretary of Defense shall submit to the Com15 mittee on Armed Services of the Senate and the Committee

16 on National Security of the House of Representatives a re17 port describing the competitive procedures used during the

18 preceding fiscal year for competitions referred to in sub19 section (a).’’.

20 (b) FIRST REPORT.—The first report under subsection

21 (d) of section 2469 of title 10, United States Code (as added

22 by subsection (a)), shall be submitted not later than March

23 31, 1997.
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1 SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRI2 VATE PERFORMANCE OF DEPOT-LEVEL MAIN3 TENANCE WORK.

4 (a) REPORTS.—Chapter 146 of title 10, United States

5 Code, is amended by adding at the end the following:

6 ‘‘§ 2473. Reports on privatization of depot-level main7 tenance work

8 ‘‘(a) ANNUAL RISK ASSESSMENTS.—(1) Not later than

9 January 1 of each year, the Joint Chiefs of Staff shall sub10 mit to the Secretary of Defense a report on the privatization

11 of the performance of the various depot-level maintenance

12 workloads of the Department of Defense.

13 ‘‘(2) The report shall include with respect to each

14 depot-level maintenance workload the following:

15 ‘‘(A) An assessment of the risk to the readiness,

16 sustainability, and technology of the Armed Forces in

17 a full range of anticipated scenarios for peacetime

18 and for wartime of—

19 ‘‘(i) using public entities to perform the

20 workload;

21 ‘‘(ii) using private entities to perform the

22 workload; and

23 ‘‘(iii) using a combination of public entities

24 and private entities to perform the workload.

25 ‘‘(B) The recommendation of the Joint Chiefs as

26 to whether public entities, private entities, or a com-
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1 bination of public entities and private entities could

2 perform the workload without jeopardizing military

3 readiness.

4 ‘‘(3) Not later than 30 days after receiving the report

5 under paragraph (2)(B), the Secretary shall transmit the

6 report to Congress. If the Secretary does not concur in the

7 recommendation made by the Joint Chiefs pursuant to

8 paragraph (2)(B), the Secretary shall include in the report

9 under this paragraph—

10 ‘‘(A) the recommendation of the Secretary; and

11 ‘‘(B) a justification for the differences between

12 the recommendation of the Joint Chiefs and the rec13 ommendation of the Secretary.

14 ‘‘(b) ANNUAL REPORT ON PROPOSED PRIVATIZA15 TION.—(1) Not later than February 28 of each year, the

16 Joint Chiefs of Staff shall submit to the Secretary of Defense

17 a report on each depot-level maintenance workload of the

18 Department of Defense that the Joint Chiefs believe could

19 be converted to performance by private entities during the

20 next fiscal year without jeopardizing military readiness.

21 ‘‘(2) Not later than 30 days after receiving a report

22 under paragraph (1), the Secretary shall transmit the re23 port to Congress. If the Secretary does not concur in the

24 proposal of the Joint Chiefs in the report, the Secretary

25 shall include in the report under this paragraph—
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1 ‘‘(A) each depot-level maintenance workload of

2 the Department that the Secretary proposes to be per3 formed by private entities during the fiscal year con4 cerned; and

5 ‘‘(B) a justification for the differences between

6 the proposal of the Joint Chiefs and the proposal of

7 the Secretary.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of such chapter is amended by adding at the

10 end the following:

‘‘2473. Reports on privatization of depot-level maintenance work.’’.

11 SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIP12 YARDS AND AVIATION DEPOTS TO ENGAGE IN

13 DEFENSE-RELATED PRODUCTION AND SERV14 ICES.

15 (a) EXTENSION OF AUTHORITY.—Section 1425(e) of

16 the National Defense Authorization Act for Fiscal Year

17 1991 (Public Law 101–510) is amended by striking out ‘‘ex18 pires on September 30, 1995’’ and inserting in lieu thereof

19 ‘‘may not be exercised after September 30, 1997’’.

20 (b) REVIVAL OF EXPIRED AUTHORITY.—The authority

21 provided in section 1425 of the National Defense Authoriza22 tion Act for Fiscal Year 1991 may be exercised after Sep23 tember 30, 1995, subject to the limitation in subsection (e)

24 of such section as amended by subsection (a) of this section.
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1 SEC. 329. LIMITATION ON USE OF FUNDS FOR F–18 AIR2 CRAFT DEPOT MAINTENANCE.

3 Of the amounts authorized to be appropriated by sec4 tion 301(2), not more than $5,000,000 may be used for the

5 performance of depot maintenance on F–18 aircraft until

6 30 days after the date on which the Secretary of Defense

7 submits to the congressional defense committees a report on

8 aviation depot maintenance. The report shall contain the

9 following:

10 (1) The results of a competition which the Sec11 retary shall conduct between all Department of De12 fense aviation depots for selection for the performance

13 of depot maintenance on F–18 aircraft.

14 (2) An analysis of the total cost of transferring

15 the F–18 aircraft depot maintenance workload to an

16 aviation depot not performing such workload as of the

17 date of the enactment of this Act.

18 SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILITIES

19 CLOSED BY BRAC.

20 The Secretary may not contract for the performance

21 by a private sector source of any of the depot maintenance

22 workload performed as of the date of the enactment of this

23 Act at Sacramento Air Logistics Center or the San Antonio

24 Air Logistics Center until the Secretary—

25 (1) publishes criteria for the evaluation of bids

26 and proposals to perform such workload;
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1 (2) conducts a competition for the workload be2 tween public and private entities;

3 (3) pursuant to the competition, determines in

4 accordance with the criteria published under para5 graph (1) that an offer submitted by a private sector

6 source to perform the workload is the best value for

7 the United States; and

8 (4) submits to Congress the following—

9 (A) a detailed comparison of the cost of the

10 performance of the workload by civilian employ11 ees of the Department of Defense with the cost of

12 the performance of the workload by that source;

13 and

14 (B) an analysis which demonstrates that the

15 performance of the workload by that source will

16 provide the best value for the United States over

17 the life of the contract.

18 Subtitle D—Environmental

19 Provisions

20 SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL

21 RESTORATION ACCOUNTS FOR EACH MILI22 TARY DEPARTMENT.

23 (a) ESTABLISHMENT.—(1) Section 2703 of title 10,

24 United States Code, is amended to read as follows:
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1 ‘‘§ 2703. Environmental restoration accounts

2 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There are here3 by established in the Department of Defense the following

4 accounts:

5 ‘‘(1) An account to be known as the ‘Defense En6 vironmental Restoration Account’.

7 ‘‘(2) An account to be known as the ‘Army Envi8 ronmental Restoration Account’.

9 ‘‘(3) An account to be known as the ‘Navy Envi10 ronmental Restoration Account’.

11 ‘‘(4) An account to be known as the ‘Air Force

12 Environmental Restoration Account’.

13 ‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—Funds

14 authorized for deposit in an account under subsection (a)

15 may be obligated or expended from the account only in

16 order to carry out the environmental restoration functions

17 of the Secretary of Defense and the Secretaries of the mili18 tary departments under this chapter and under any other

19 provision of law. Funds so authorized shall remain avail20 able until expended.

21 ‘‘(c) BUDGET REPORTS.—In proposing the budget for

22 any fiscal year pursuant to section 1105 of title 31, the

23 President shall set forth separately the amounts requested

24 for environmental restoration programs of the Department

25 of Defense and of each of the military departments under

26 this chapter and under any other Act.
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1 ‘‘(d) AMOUNTS RECOVERED.—The following amounts

2 shall be credited to the appropriate environmental restora3 tion account:

4 ‘‘(1) Amounts recovered under CERCLA for re5 sponse actions.

6 ‘‘(2) Any other amounts recovered from a con7 tractor, insurer, surety, or other person to reimburse

8 the Department of Defense or a military department

9 for any expenditure for environmental response ac10 tivities.

11 ‘‘(e) PAYMENTS OF FINES AND PENALTIES.—None of

12 the funds appropriated to the Defense Environmental Res13 toration Account for fiscal years 1995 through 1999, or to

14 any environmental restoration account of a military de15 partment for fiscal years 1997 through 1999, may be used

16 for the payment of a fine or penalty (including any supple17 mental environmental project carried out as part of such

18 penalty) imposed against the Department of Defense or a

19 military department unless the act or omission for which

20 the fine or penalty is imposed arises out of an activity fund21 ed by the environmental restoration account concerned and

22 the payment of the fine or penalty has been specifically au23 thorized by law.’’.

24 (2) The table of sections at the beginning of chapter

25 160 of title 10, United States Code, is amended by striking
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1 out the item relating to section 2703 and inserting in lieu

2 thereof the following new item:

‘‘2703. Environmental restoration accounts.’’.

3 (b) REFERENCES.—Any reference to the Defense Envi4 ronmental Restoration Account in any Federal law, Execu5 tive Order, regulation, delegation of authority, or document

6 of or pertaining to the Department of Defense shall be

7 deemed to refer to the appropriate environmental restora8 tion account established under section 2703(a)(1) of title 10,

9 United States Code (as amended by subsection (a)(1)).

10 (c) CONFORMING AMENDMENT.—Section 2705(g)(1) of

11 title 10, United States Code, is amended by striking out

12 ‘‘the Defense Environmental Restoration Account’’ and in13 serting in lieu thereof ‘‘the environmental restoration ac14 count concerned’’.

15 (d) TREATMENT OF UNOBLIGATED BALANCES.—Any

16 unobligated balances that remain in the Defense Environ17 mental Restoration Account under section 2703(a) of title

18 10, United States Code, as of the effective date specified in

19 subsection (e) shall be transferred on such date to the De20 fense Environmental Restoration Account established under

21 section 2703(a)(1) of title 10, United States Code (as

22 amended by subsection (a)(1)).

23 (e) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on the later of—

25 (1) October 1, 1996; or
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1 (2) the date of the enactment of this Act.

2 SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIRE3 MENT FOR REPORTS ON CONTRACTOR REIM4 BURSEMENT COSTS FOR RESPONSE ACTIONS.

5 Section 2706(d)(1)(A) of title 10, United States Code,

6 is amended by striking out ‘‘100’’ and inserting in lieu

7 thereof ‘‘20’’.

8 SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND CON9 SULTATION REQUIREMENTS REGARDING RE10 MEDIAL INVESTIGATIONS AND FEASIBILITY

11 STUDIES AT CERTAIN INSTALLATIONS TO BE

12 CLOSED UNDER THE BASE CLOSURE LAWS.

13 Section 334 of the National Defense Authorization Act

14 for Fiscal Years 1992 and 1993 (Public Law 102–190; 105

15 Stat. 1340; 10 U.S.C. 2687 note) is repealed.

16 SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PEN17 ALTIES.

18 (a) AUTHORITY.—The Secretary of Defense may pay

19 to the Hazardous Substance Superfund established under

20 section 9507 of the Internal Revenue Code of 1986 (26

21 U.S.C. 9507) stipulated civil penalties assessed under

22 CERCLA in amounts, and using funds, as follows:

23 (1) Using funds authorized to be appropriated to

24 the Army Environmental Restoration Account estab25 lished under section 2703(a)(1)(B) of title 10, United
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1 States Code, as amended by section 341 of this Act,

2 $34,000 assessed against Fort Riley, Kansas, under

3 CERCLA.

4 (2) Using funds authorized to be appropriated to

5 the Navy Environmental Restoration Account estab6 lished under section 2703(a)(1)(C) of that title, as so

7 amended, $30,000 assessed against the Naval Edu8 cation and Training Center, Newport, Rhode Island,

9 under CERCLA.

10 (3) Using funds authorized to be appropriated to

11 the Air Force Environmental Restoration Account es12 tablished under section 2703(a)(1)(D) of that title, as

13 so amended—

14 (A) $550,000 assessed against the Massa15 chusetts Military Reservation, Massachusetts,

16 under CERCLA, of which $500,000 shall be for

17 the supplemental environmental project for a

18 groundwater modeling project that constitutes a

19 part of the negotiated settlement of a penalty

20 against the reservation; and

21 (B) $10,000 assessed against F.E. Warren

22 Air Force Base, Wyoming, under CERCLA.

23 (4) Using funds authorized to be appropriated to

24 the Department of Defense Base Closure Account 1990

25 by section 2406(a)(13) of this Act, $50,000 assessed
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1 against Loring Air Force Base, Maine, under

2 CERCLA.

3 (b) CERCLA DEFINED.—In this section, the term

4 ‘‘CERCLA’’ means the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 U.S.C.

6 9601 et seq.).

7 SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL

8 FACILITIES ON NATIONAL PRIORITIES LIST.

9 Section 120(d) of the Comprehensive Environmental

10 Response, Compensation, and Liability Act of 1980 (42

11 U.S.C. 9620(d)) is amended—

12 (1) by redesignating paragraphs (1) and (2) as

13 subparagraphs (A) and (B), respectively;

14 (2) by striking ‘‘Not later than 18 months after

15 the enactment of the Superfund Amendments and Re16 authorization Act of 1986, the Administrator’’ and

17 inserting the following:

18 ‘‘(1) IN GENERAL.—The Administrator’’; and

19 (3) by striking ‘‘Such criteria’’ and all that fol20 lows through the end of the subsection and inserting

21 the following:

22 ‘‘(2) APPLICATION OF CRITERIA.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the criteria referred to in paragraph

25 (1) shall be applied in the same manner as the
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1 criteria are applied to facilities that are owned

2 or operated by persons other than the United

3 States.

4 ‘‘(B) RESPONSE UNDER OTHER LAW.—That

5 the head of the department, agency, or instru6 mentality that owns or operates a facility has

7 arranged with the Administrator or appropriate

8 State authorities to respond appropriately,

9 under authority of a law other than this Act, to

10 a release or threatened release of a hazardous

11 substance shall be an appropriate factor to be

12 taken into consideration for the purposes of sec13 tion 105(a)(8)(A).

14 ‘‘(3) COMPLETION.—Evaluation and listing

15 under this subsection shall be completed in accordance

16 with a reasonable schedule established by the Admin17 istrator.’’.

18 SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FED19 ERAL PROPERTY BEFORE COMPLETION OF

20 REQUIRED REMEDIAL ACTIONS.

21 (a) IN GENERAL.—Section 120(h)(3) of the Com22 prehensive Environmental Response, Compensation, and

23 Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amended—
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1 (1) by redesignating subparagraph (A) as clause

2 (i) and clauses (i), (ii), and (iii) of that subpara3 graph as subclauses (I), (II), and (III), respectively;

4 (2) by striking ‘‘After the last day’’ and insert5 ing the following:

6 ‘‘(A) IN GENERAL.—After the last day’’;

7 (3) by redesignating subparagraph (B) as clause

8 (ii) and clauses (i) and (ii) of that subparagraph as

9 subclauses (I) and (II), respectively;

10 (4) by redesignating subparagraph (C) as clause

11 (iii);

12 (5) by striking ‘‘For purposes of subparagraph

13 (B)(i)’’ and inserting the following:

14 ‘‘(B) COVENANT REQUIREMENTS.—For pur15 poses of subparagraphs (A)(ii)(I) and (C)(iii)’’;

16 (6) in subparagraph (B), as designated by para17 graph (5), by striking ‘‘subparagraph (B)’’ each place

18 it appears and inserting ‘‘subparagraph (A)(ii)’’; and

19 (7) by adding at the end the following:

20 ‘‘(C) DEFERRAL.—

21 ‘‘(i) IN GENERAL.—The Administrator

22 (in the case of real property at a Federal

23 facility that is listed on the National Prior24 ities List) or the Governor of the State in

25 which the facility is located (in the case of
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1 real property at a Federal facility not listed

2 on the National Priorities List) may defer

3 the requirement of subparagraph (A)(ii)(I)

4 with respect to the property if the Adminis5 trator or the Governor, as the case may be,

6 determines that—

7 ‘‘(I) the property is suitable for

8 transfer for the use intended by the

9 transferee;

10 ‘‘(II) the deed or other agreement

11 proposed to govern the transfer between

12 the United States and the transferee of

13 the property contains the assurances

14 set forth in clause (ii); and

15 ‘‘(III) the Federal agency request16 ing deferral has provided notice, by

17 publication in a newspaper of general

18 circulation in the vicinity of the prop19 erty, of the proposed transfer and of

20 the opportunity for the public to sub21 mit, within a period of not less than

22 30 days after the date of the notice,

23 written comments on the finding by the

24 agency that the property is suitable for

25 transfer.
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1 ‘‘(ii) REMEDIAL ACTION ASSUR2 ANCES.—With regard to a release or threat3 ened release of a hazardous substance for

4 which a Federal agency is potentially re5 sponsible under this section, the deed or

6 other agreement proposed to govern the

7 transfer shall contain assurances that—

8 ‘‘(I) provide for any necessary re9 strictions to ensure the protection of

10 human health and the environment;

11 ‘‘(II) provide that there will be re12 strictions on use necessary to ensure

13 required remedial investigations, reme14 dial actions, and oversight activities

15 will not be disrupted;

16 ‘‘(III) provide that all appro17 priate remedial action will be taken

18 and identify the schedules for inves19 tigation and completion of all nec20 essary remedial action; and

21 ‘‘(IV) provide that the Federal

22 agency responsible for the property

23 subject to transfer will submit a budget

24 request to the Director of the Office of

25 Management and Budget that ade-
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1 quately addresses schedules, subject to

2 congressional authorizations and ap3 propriations.

4 ‘‘(iii) WARRANTY.—When all remedial

5 action necessary to protect human health

6 and the environment with respect to any

7 substance remaining on the property on the

8 date of transfer has been taken, the United

9 States shall execute and deliver to the trans10 feree an appropriate document containing a

11 warranty that all such remedial action has

12 been completed, and the making of the war13 ranty shall be considered to satisfy the re14 quirement of subparagraph (A)(ii)(I).

15 ‘‘(iv) FEDERAL RESPONSIBILITY.—A

16 deferral under this subparagraph shall not

17 increase, diminish, or affect in any manner

18 any rights or obligations of a Federal agen19 cy with respect to a property transferred

20 under this subparagraph.’’.

21 (b) CONTINUED APPLICATION OF STATE LAW.—The

22 first sentence of section 120(a)(4) of the Comprehensive En23 vironmental Response, Compensation, and Liability Act of

24 1980 (42 U.S.C. 9620(a)(4)) is amended by inserting ‘‘or
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1 facilities that are the subject of a deferral under subsection

2 (h)(3)(C)’’ after ‘‘United States’’.

3 SEC. 347. CLARIFICATION OF MEANING OF

4 UNCONTAMINATED PROPERTY FOR PUR5 POSES OF TRANSFER BY THE UNITED

6 STATES.

7 Section 120(h)(4)(A) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 1980

9 (42 U.S.C. 9620(h)(4)(A)) is amended in the first sentence

10 by striking ‘‘stored for one year or more, known to have

11 been released,’’ and inserting ‘‘known to have been re12 leased’’.

13 SEC. 348. SHIPBOARD SOLID WASTE CONTROL.

14 (a) IN GENERAL.—Section 3(c) of the Act to Prevent

15 Pollution from Ships (33 U.S.C. 1902(c)) is amended—

16 (1) in paragraph (1), by striking ‘‘Not later

17 than’’ and inserting ‘‘Except as provided in para18 graphs (2) and (3), not later than’’; and

19 (2) by striking paragraphs (2), (3), and (4) and

20 inserting the following:

21 ‘‘(2)(A) Subject to subparagraph (B), any ship de22 scribed in subparagraph (C) may discharge, without regard

23 to the special area requirements of Regulation 5 of Annex

24 V to the Convention, the following non-plastic, non-floating

25 garbage:
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1 ‘‘(i) A slurry of seawater, paper, cardboard, or

2 food waste that is capable of passing through a screen

3 with openings no larger than 12 millimeters in diam4 eter.

5 ‘‘(ii) Metal and glass that have been shredded

6 and bagged so as to ensure negative buoyancy.

7 ‘‘(B)(i) Garbage described subparagraph (A)(i) may

8 not be discharged within 3 nautical miles of land.

9 ‘‘(ii) Garbage described in subparagraph (A)(ii) may

10 not be discharged within 12 nautical miles of land.

11 ‘‘(C) This paragraph applies to any ship that is owned

12 or operated by the Department of the Navy that, as deter13 mined by the Secretary of the Navy—

14 ‘‘(i) has unique military design, construction,

15 manning, or operating requirements; and

16 ‘‘(ii) cannot fully comply with the special area

17 requirements of Regulation 5 of Annex V to the Con18 vention because compliance is not technologically fea19 sible or would impair the operations or operational

20 capability of the ship.

21 ‘‘(3)(A) Not later than December 31, 2000, the Sec22 retary of the Navy shall prescribe and publish in the Fed23 eral Register standards to ensure that each ship described

24 in subparagraph (B) is, to the maximum extent practicable

25 without impairing the operations or operational capabili-
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1 ties of the ship, operated in a manner that is consistent

2 with the special area requirements of Regulation 5 of Annex

3 V to the Convention.

4 ‘‘(B) Subparagraph (A) applies to surface ships that

5 are owned or operated by the Department of the Navy that

6 the Secretary plans to decommission during the period be7 ginning on January 1, 2001, and ending on December 31,

8 2005.

9 ‘‘(C) At the same time that the Secretary publishes

10 standards under subparagraph (A), the Secretary shall pub11 lish in the Federal Register a list of the ships covered by

12 subparagraph (B).’’.

13 (b) SENSE OF CONGRESS.—

14 (1) COMPLIANCE WITH ANNEX V.—It is the sense

15 of Congress that it should be an objective of the Navy

16 to achieve full compliance with Annex V to the Con17 vention as part of the Navy’s development of ships

18 that are environmentally sound.

19 (2) DEFINITION.—In this subsection, the terms

20 ‘‘Convention’’ and ‘‘ship’’ have the meanings provided

21 in section 2(a) of the Act to Prevent Pollution from

22 Ships (33 U.S.C. 1901(a)).

23 (c) REPORT ON COMPLIANCE WITH ANNEX V TO THE

24 CONVENTION.—The Secretary of Defense shall include in

25 each report on environmental compliance activities submit-
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1 ted to Congress under section 2706(b) of title 10, United

2 States Code, the following information:

3 (1) A list of the ships types, if any, for which

4 the Secretary of the Navy has made the determination

5 referred to in paragraph (2)(C) of section 3(c) of the

6 Act to Prevent Pollution from Ships, as amended by

7 subsection (a)(2) of this section.

8 (2) A list of ship types which the Secretary of the

9 Navy has determined can comply with Regulation 5

10 of Annex V to the Convention.

11 (3) A summary of the progress made by the

12 Navy in implementing the requirements of para13 graphs (2) and (3) such section 3(c), as so amended.

14 (4) A description of any emerging technologies

15 offering the potential to achieve full compliance with

16 Regulation 5 of Annex V to the Convention.

17 (d) PUBLICATION REGARDING SPECIAL AREA DIS18 CHARGES.—Section 3(e)(4) of the Act to Prevent Pollution

19 from Ships (33 U.S.C. 1902(e)(4)) is amended by striking

20 out subparagraph (A) and inserting in lieu thereof the fol21 lowing:

22 ‘‘(A) The amount and nature of the dis23 charges in special areas, not otherwise authorized

24 under this title, during the preceding year from

25 ships referred to in subsection (b)(1)(A) of this
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1 section owned or operated by the Department of

2 the Navy.’’.

3 SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGE4 MENT OF CULTURAL RESOURCES ON MILI5 TARY INSTALLATIONS.

6 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

7 Chapter 159 of title 10, United States Code, is amended

8 by adding at the end the following new section:

9 ‘‘§ 2694. Cooperative agreements for management of

10 cultural resources on military installa11 tions

12 ‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—The

13 Secretary of Defense and the Secretaries of the military de14 partments may enter into cooperative agreements with

15 States, local governments, and appropriate public and pri16 vate entities in order to provide for the preservation, man17 agement, maintenance, and rehabilitation of cultural re18 sources on military installations.

19 ‘‘(b) INAPPLICABILITY OF CERTAIN FEDERAL FINAN20 CIAL MANAGEMENT LAWS.—A cooperative agreement under

21 subsection (a) shall not be treated as a cooperative agree22 ment for purposes of chapter 63 of title 31.

23 ‘‘(c) LIMITATION ON AUTHORITY TO CARRY OUT

24 AGREEMENTS.—The authority of the Secretary of Defense

25 or the Secretary of a military department to carry out an
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1 agreement entered into under subsection (a) shall be subject

2 to the availability of funds for that purpose.

3 ‘‘(d) DEFINITION.—For purposes of this section, the

4 term ‘cultural resource’ means any of the following:

5 ‘‘(1) A building, structure, site, district, or object

6 eligible for or included in the National Register of

7 Historic Places maintained under section 101(a) of

8 the National Historic Preservation Act (16 U.S.C.

9 470a(a)).

10 ‘‘(2) A cultural item as that term is defined in

11 section 2(3) of the Native American Graves Protection

12 and Repatriation Act (25 U.S.C. 3001(3)).

13 ‘‘(3) An archaeological resource as that term is

14 defined in section 3(1) of the Archaeological Resources

15 Protection Act of 1979 (16 U.S.C. 470bb(1)).

16 ‘‘(4) An archaeological artifact collection and as17 sociated records covered by section 79 of title 36, Code

18 of Federal Regulations.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of such chapter is amended by adding at the

21 end the following new item:

‘‘2694. Cooperative agreements for management of cultural resources on military

installations.’’.
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1 SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT

2 EL CENTRO NAVAL AIR FACILITY, CALIFOR3 NIA.

4 (a) REPORT.—Not later than March 15, 1997, the Sec5 retary of Defense, acting through the Deputy Under Sec6 retary of Defense for Environmental Security, shall submit

7 to the congressional defense committees a report that as8 sesses the effects of the proposed withdrawal of public lands

9 at El Centro Naval Air Facility, California, on the oper10 ational and training requirements of the Department of De11 fense at that facility.

12 (b) REPORT ELEMENTS.—The report under subsection

13 (a) shall—

14 (1) describe in detail the operational and train15 ing requirements of the Department of Defense at El

16 Centro Naval Air Facility;

17 (2) assess the effects of the proposed withdrawal

18 on such operational and training requirements;

19 (3) describe the relationship, if any, of the pro20 posed withdrawal to the withdrawal of other public

21 lands under the California Desert Protection Act of

22 1994 (Public Law 103–433);

23 (4) assess the additional responsibilities, if any,

24 of the Navy for land management at the facility as

25 a result of the proposed withdrawal; and
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1 (5) assess the costs, if any, to the Navy resulting

2 from the proposed withdrawal.

3 SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES

4 COLLECTED AT CLOSED MILITARY RESERVA5 TIONS.

6 Subparagraph (B) of section 101(b)(4) of the Act of

7 September 15, 1960 (commonly known as the ‘‘Sikes Act’’;

8 16 U.S.C. 670a(b)(4)), is amended to read as follows:

9 ‘‘(B) the fees collected under this para10 graph—

11 ‘‘(i) shall be expended at the military

12 reservation with respect to which collected;

13 or

14 ‘‘(ii) if collected with respect to a mili15 tary reservation that is closed, shall be

16 available for expenditure at any other mili17 tary reservation for purposes of the protec18 tion, conservation, and management of fish

19 and wildlife at such reservation.’’.

20 SEC. 352. AUTHORITY FOR AGREEMENTS WITH INDIAN

21 TRIBES FOR SERVICES UNDER ENVIRON22 MENTAL RESTORATION PROGRAM.

23 Section 2701(d) of title 10, United States Code, is

24 amended—
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1 (1) in the first sentence of paragraph (1), by

2 striking out ‘‘, or with any State or local government

3 agency,’’ and inserting in lieu thereof ‘‘, with any

4 State or local government agency, or with any Indian

5 tribe,’’; and

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

7 ‘‘(3) DEFINITION.—In this subsection, the term

8 ‘Indian tribe’ has the meaning given such term in

9 section 101(36) of the Comprehensive Environmental

10 Response, Compensation, and Liability Act of 1980

11 (42 U.S.C. 9601(36)).’’.

12 Subtitle E—Other Matters

13 SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNC14 TIONS AT FACILITIES LEASED BY THE GOV15 ERNMENT.

16 Section 2465(b) of title 10, United States Code, is

17 amended—

18 (1) by striking out ‘‘or’’ at the end of paragraph

19 (2);

20 (2) by striking out the period at the end of para21 graph (3) and inserting in lieu thereof ‘‘; or’’; and

22 (3) by adding at the end the following:

23 ‘‘(4) to a contract to be carried out at a private

24 facility at which a Federal Government activity is lo-
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1 cated pursuant to a lease of the facility to the Govern2 ment.’’.

3 SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.

4 (a) AUTHORITY.—Chapter 31 of title 10, United States

5 Code, is amended by adding at the end the following new

6 section:

7 ‘‘§ 520c. Authorized use of recruiting funds

8 ‘‘(a) MEALS AND REFRESHMENTS.—Under regulations

9 prescribed by the Secretary concerned, funds appropriated

10 to the Department of Defense for recruitment of military

11 personnel may be expended for small meals and refresh12 ments that are provided in the performance of personnel

13 recruiting functions of the armed forces to—

14 ‘‘(1) persons who have enlisted under the De15 layed Entry Program authorized by section 513 of

16 this title;

17 ‘‘(2) persons who are objects of armed forces re18 cruiting efforts;

19 ‘‘(3) influential persons in communities when as20 sisting the military departments in recruiting efforts;

21 ‘‘(4) members of the armed forces and Federal

22 Government employees when attending recruiting

23 events in accordance with a requirement to do so; and

24 ‘‘(5) other persons when contributing to recruit25 ing efforts by attending recruiting events.
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1 ‘‘(b) ANNUAL REPORT.—Not later than February 1 of

2 each year, the Secretary of Defense shall submit to Congress

3 a report on the extent to which the authority under sub4 section (a) was exercised during the fiscal year ending in

5 the preceding year.

6 ‘‘(c) TERMINATION OF AUTHORITY.—(1) The authority

7 in subsection (a) may not be exercised after September 30,

8 2001.

9 ‘‘(2) No report is required under subsection (b) after

10 2002.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of such chapter is amended by adding at the

13 end the following new item:

‘‘520c. Authorized use of recruiting funds.’’.

14 SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND15 NAME COMMERCIAL ITEMS FOR RESALE IN

16 COMMISSARY STORES.

17 (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE

18 PROCUREMENT.—Section 2486 of title 10, United States

19 Code, is amended by adding at the end the following:

20 ‘‘(e) The Secretary of Defense may not, under the ex21 ception provided in section 2304(c)(5) of this title, use pro22 cedures other than competitive procedures for the procure23 ment of a brand-name commercial item for resale in com24 missary stores unless the commercial item is regularly sold
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1 outside of commissary stores under the same brand name

2 as the commercial item will be sold in commissary stores.’’.

3 (b) EFFECT ON EXISTING CONTRACTS.—The amend4 ment made by subsection (a) shall not affect the terms, con5 ditions, or duration of any contract entered into by the Sec6 retary of Defense before the date of the enactment of this

7 Act for the procurement of commercial items for resale in

8 commissary stores.

9 SEC. 364. ADMINISTRATION OF MIDSHIPMEN’S STORE AND

10 OTHER NAVAL ACADEMY SUPPORT ACTIVI11 TIES AS NONAPPROPRIATED FUND INSTRU12 MENTALITIES.

13 (a) IN GENERAL.—(1) Chapter 603 of title 10, United

14 States Code, is amended by striking out sections 6970 and

15 6971 and inserting in lieu thereof the following new section:

16 ‘‘§ 6970. Midshipmen’s store and Naval Academy

17 shops, laundry, and dairy: nonappro18 priated fund accounts

19 ‘‘(a) IN GENERAL.—Under regulations prescribed by

20 the Secretary of the Navy, the Superintendent of the Naval

21 Academy shall administer a nonappropriated fund account

22 for each of the Academy activities referred to in subsection

23 (b).

24 ‘‘(b) ACTIVITIES.—Subsection (a) applies to the follow25 ing Academy activities:
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1 ‘‘(1) The midshipmen’s store.

2 ‘‘(2) The barber shop.

3 ‘‘(3) The cobbler shop.

4 ‘‘(4) The tailor shop.

5 ‘‘(5) The dairy.

6 ‘‘(6) The laundry.

7 ‘‘(c) CREDITING OF REVENUE.—The Superintendent

8 shall credit to each account administered with respect to

9 an activity under subsection (a) all revenue received from

10 the activity.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by striking out the items relating to sections

13 6970 and 6971 and inserting in lieu thereof the following

14 new item:

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

15 (b) EMPLOYMENT STATUS OF EMPLOYEES OF ACTIVI16 TIES.—Section 2105 of title 5, United States Code, is

17 amended by striking out subsection (b).

18 SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAU19 GURATION OF THE PRESIDENT.

20 (a) IN GENERAL.—Section 2543 of title 10, United

21 States Code, is amended to read to read as follows:
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1 ‘‘§ 2543. Equipment and services: Presidential inau2 gural committees

3 ‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary of De4 fense may provide the assistance referred to in subsection

5 (b) to the following committees:

6 ‘‘(1) An Inaugural Committee established under

7 the first section of the Presidential Inaugural Cere8 monies Act (36 U.S.C. 721).

9 ‘‘(2) A joint committee of the Senate and House

10 of Representatives appointed under section 9 of that

11 Act (36 U.S.C. 729).

12 ‘‘(b) ASSISTANCE.—The following assistance may be

13 provided under subsection (a):

14 ‘‘(1) Planning and carrying out activities relat15 ing to security and safety.

16 ‘‘(2) Planning and carrying out ceremonial ac17 tivities.

18 ‘‘(3) Loan of property.

19 ‘‘(4) Any other assistance that the Secretary con20 siders appropriate.

21 ‘‘(c) REIMBURSEMENT.—(1) An inaugural committee

22 referred to in subsection (a)(1) shall reimburse the Sec23 retary for any costs incurred in connection with the provi24 sion to the committee of assistance referred to in subsection

25 (b)(4).
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1 ‘‘(2) Costs reimbursed under paragraph (1) shall be

2 credited to the appropriations from which the costs were

3 paid. The amount credited to an appropriation shall be

4 proportionate to the amount of the costs charged to that

5 appropriation.

6 ‘‘(d) LOANED PROPERTY.—(1) Property loaned for a

7 presidential inauguration under subsection (b)(3) shall be

8 returned within nine days after the date of the ceremony

9 inaugurating the President.

10 ‘‘(2) An inaugural committee referred to in subsection

11 (a)(1) shall give good and sufficient bond for the return in

12 good order and condition of property loaned to the commit13 tee under subsection (b)(3).

14 ‘‘(3) An inaugural committee referred to in subsection

15 (a)(1) shall—

16 ‘‘(A) indemnify the United States for any loss of,

17 or damage to, property loaned to the committee under

18 subsection (b)(3); and

19 ‘‘(B) defray any expense incurred for the deliv20 ery, return, rehabilitation, replacement, or operation

21 of the property.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of subchapter II of chapter 152 of such title

24 is amended by striking out the item relating to section 2543

25 and inserting in lieu thereof the following:

‘‘2543. Equipment and services: Presidential inaugural committees.’’.
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1 SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORT2 ING EVENTS.

3 (a) SECURITY AND SAFETY ASSISTANCE.—At the re4 quest of a Federal, State, or local government agency re5 sponsible for providing law enforcement services, security

6 services, or safety services, the Secretary of Defense may au7 thorize the commander of a military installation or other

8 facility of the Department of Defense or the commander of

9 a specified or unified combatant command to provide as10 sistance for the World Cup Soccer Games, the Goodwill

11 Games, the Olympics, and any other civilian sporting event

12 in support of essential security and safety at such event,

13 but only if the Attorney General certifies that such assist14 ance is necessary to meet essential security and safety needs.

15 (b) OTHER ASSISTANCE.—The Secretary may author16 ize a commander referred to in subsection (a) to provide

17 assistance for a sporting event referred to in that subsection

18 in support of other needs relating to such event, but only—

19 (1) to the extent that such needs cannot reason20 ably be met by a source other than the Department;

21 (2) to the extent that the provision of such assist22 ance does not adversely affect the military prepared23 ness of the Armed Forces; and

24 (3) if the organization requesting such assistance

25 agrees to reimburse the Department for amounts ex26 pended by the Department in providing the assistance
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1 in accordance with the provisions of section 377 of

2 title 10, United States Code, and other applicable

3 provisions of law.

4 (c) INAPPLICABILITY TO CERTAIN EVENTS.—Sub5 sections (a) and (b) do not apply to the following sporting

6 events:

7 (1) Sporting events for which funds have been

8 appropriated before the date of the enactment of this

9 Act.

10 (2) The Special Olympics.

11 (3) The Paralympics.

12 (d) TERMS AND CONDITIONS.—The Secretary may re13 quire such terms and conditions in connection with the pro14 vision of assistance under this section as the Secretary con15 siders necessary and appropriate to protect the interests of

16 the United States.

17 (e) REPORT ON ASSISTANCE.—Not later than January

18 30 of each year following a year in which the Secretary

19 provides assistance under this section, the Secretary shall

20 submit to the congressional defense committees a report on

21 the assistance provided. The report shall set forth—

22 (1) a description of the assistance provided;

23 (2) the amount expended by the Department in

24 providing the assistance;
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1 (3) if the assistance was provided under sub2 section (a), the certification of the Attorney General

3 with respect to the assistance under that subsection;

4 and

5 (4) if the assistance was provided under sub6 section (b)—

7 (A) an explanation why the assistance could

8 not reasonably be met by a source other than the

9 Department; and

10 (B) the amount the Department was reim11 bursed under that subsection.

12 (f) RELATIONSHIP TO OTHER LAWS.—Assistance pro13 vided under this section shall be subject to the provisions

14 of sections 375 and 376 of title 10, United States Code.

15 SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FI16 NANCE AND ACCOUNTING SERVICE CENTER,

17 FORT BENJAMIN HARRISON, INDIANA.

18 (a) TRANSFER AUTHORITY.—Subject to subsection (b),

19 the Secretary of Defense may transfer funds available to

20 the Department of Defense for the Defense Finance and Ac21 counting Service for a fiscal year for operation and mainte22 nance to the Administrator of General Services for paying

23 the costs of planning, design, and renovation of Building

24 One, Fort Benjamin Harrison, Indiana, for use as a De25 fense Finance and Accounting Service Center.
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1 (b) AUTHORITY SUBJECT TO AUTHORIZATIONS AND

2 APPROPRIATIONS.—To the extent provided in appropria3 tions Acts—

4 (1) of funds appropriated for fiscal year 1997,

5 $9,000,000 may be transferred pursuant to subsection

6 (a); and

7 (2) of funds appropriated for fiscal years 1998,

8 1999, 2000, and 2001, funds may be transferred pur9 suant to subsection (a) in such amounts as are au10 thorized to be transferred in an Act enacted after the

11 date of the enactment of this Act.

12 SEC. 368. COMPUTER EMERGENCY RESPONSE TEAM AT

13 SOFTWARE ENGINEERING INSTITUTE.

14 (a) FUNDING.—Of the amounts authorized to be ap15 propriated under this Act, $2,000,000 shall be available to

16 the Software Engineering Institute only for use by the Com17 puter Emergency Response Team.

18 (b) CHALLENGE ATHENA PROGRAM.—Funds author19 ized by section 301(2) for the Challenge Athena program

20 shall be reduced by $2,000,000.
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1 SEC. 369. REIMBURSEMENT UNDER AGREEMENT FOR IN2 STRUCTION OF CIVILIAN STUDENTS AT FOR3 EIGN LANGUAGE INSTITUTE OF THE DE4 FENSE LANGUAGE INSTITUTE.

5 Section 559(a)(1) of the National Defense Authoriza6 tion Act for Fiscal Year 1995 (Public Law 103–337; 108

7 Stat. 2776; 10 U.S.C. 4411 note) is amended by striking

8 out ‘‘on a cost-reimbursable, space-available basis’’ and in9 serting in lieu thereof ‘‘on a space-available basis and for

10 such reimbursement (whether in whole or in part) as the

11 Secretary considers appropriate’’.

12 SEC. 370. AUTHORITY OF AIR NATIONAL GUARD TO PRO13 VIDE CERTAIN SERVICES AT LINCOLN MUNIC14 IPAL AIRPORT, LINCOLN, NEBRASKA.

15 (a) AUTHORITY.—Subject to subsections (b) and (c),

16 the Nebraska Air National Guard may provide fire protec17 tion services and rescue services relating to aircraft at Lin18 coln Municipal Airport, Lincoln, Nebraska, on behalf of the

19 Lincoln Municipal Airport Authority, Lincoln, Nebraska.

20 (b) AGREEMENT.—The Nebraska Air National Guard

21 may not provide services under subsection (a) until the Ne22 braska Air National Guard and the authority enter into

23 an agreement under which the authority reimburses the Ne24 braska Air National Guard for the cost of the services pro25 vided.
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1 (c) CONDITIONS.—These services may only be provided

2 to the extent that the provision of such services does not

3 adversely affect the military preparedness of the Armed

4 Forces.

5 TITLE IV—MILITARY PERSONNEL

6 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, of which not more than

12 80,300 may be commissioned officers.

13 (2) The Navy, 407,318, of which not more than

14 56,165 may be commissioned officers.

15 (3) The Marine Corps, 174,000, of which not

16 more than 17,978 may be commissioned officers.

17 (4) The Air Force, 381,222, of which not more

18 than 74,445 may be commissioned officers.

19 SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMA20 NENT END STRENGTH LEVELS.

21 Section 691(d) of title 10, United States Code, is

22 amended by striking out ‘‘not more than 0.5 percent’’ and

23 inserting in lieu thereof ‘‘not more than 5 percent’’.
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1 SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED

2 OFFICERS IN GRADES O–4, O–5, AND O–6.

3 (a) ARMY, AIR FORCE, AND MARINE CORPS.—The

4 table in section 523(a)(1) of title 10, United States Code,

5 is amended 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:

20,000 ....................................................................................................... 6,848 5,253 1,613

25,000 ....................................................................................................... 7,539 5,642 1,796

30,000 ....................................................................................................... 8,231 6,030 1,980

35,000 ....................................................................................................... 8,922 6,419 2,163

40,000 ....................................................................................................... 9,614 6,807 2,347

45,000 ....................................................................................................... 10,305 7,196 2,530

50,000 ....................................................................................................... 10,997 7,584 2,713

55,000 ....................................................................................................... 11,688 7,973 2,897

60,000 ....................................................................................................... 12,380 8,361 3,080

65,000 ....................................................................................................... 13,071 8,750 3,264

70,000 ....................................................................................................... 13,763 9,138 3,447

75,000 ....................................................................................................... 14,454 9,527 3,631

80,000 ....................................................................................................... 15,146 9,915 3,814

85,000 ....................................................................................................... 15,837 10,304 3,997

90,000 ....................................................................................................... 16,529 10,692 4,181

95,000 ....................................................................................................... 17,220 11,081 4,364

100,000 ..................................................................................................... 17,912 11,469 4,548

110,000 ..................................................................................................... 19,295 12,246 4,915

120,000 ..................................................................................................... 20,678 13,023 5,281

130,000 ..................................................................................................... 22,061 13,800 5,648

170,000 ..................................................................................................... 27,593 16,908 7,116

Air Force:

35,000 ....................................................................................................... 9,216 7,090 2,125

40,000 ....................................................................................................... 10,025 7,478 2,306

45,000 ....................................................................................................... 10,835 7,866 2,487

50,000 ....................................................................................................... 11,645 8,253 2,668

55,000 ....................................................................................................... 12,454 8,641 2,849

60,000 ....................................................................................................... 13,264 9,029 3,030

65,000 ....................................................................................................... 14,073 9,417 3,211

70,000 ....................................................................................................... 14,883 9,805 3,392

75,000 ....................................................................................................... 15,693 10,193 3,573

80,000 ....................................................................................................... 16,502 10,582 3,754

85,000 ....................................................................................................... 17,312 10,971 3,935

90,000 ....................................................................................................... 18,121 11,360 4,115

95,000 ....................................................................................................... 18,931 11,749 4,296

100,000 ..................................................................................................... 19,741 12,138 4,477

105,000 ..................................................................................................... 20,550 12,527 4,658

110,000 ..................................................................................................... 21,360 12,915 4,838

115,000 ..................................................................................................... 22,169 13,304 5,019

120,000 ..................................................................................................... 22,979 13,692 5,200

125,000 ..................................................................................................... 23,789 14,081 5,381

Marine Corps:

10,000 ....................................................................................................... 2,525 1,480 571

12,500 ....................................................................................................... 2,900 1,600 592

15,000 ....................................................................................................... 3,275 1,720 613

17,500 ....................................................................................................... 3,650 1,840 633

20,000 ....................................................................................................... 4,025 1,960 654

22,500 ....................................................................................................... 4,400 2,080 675

25,000 ....................................................................................................... 4,775 2,200 695’’.

6 (b) NAVY.—The table in section 523(a)(2) of title 10,

7 United States Code, is amended to read as follows:
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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

Navy:

30,000 ..................................................................................................... 7,331 5,018 2,116

33,000 ..................................................................................................... 7,799 5,239 2,223

36,000 ..................................................................................................... 8,267 5,460 2,330

39,000 ..................................................................................................... 8,735 5,681 2,437

42,000 ..................................................................................................... 9,203 5,902 2,544

45,000 ..................................................................................................... 9,671 6,123 2,651

48,000 ..................................................................................................... 10,139 6,343 2,758

51,000 ..................................................................................................... 10,606 6,561 2,864

54,000 ..................................................................................................... 11,074 6,782 2,971

57,000 ..................................................................................................... 11,541 7,002 3,078

60,000 ..................................................................................................... 12,009 7,222 3,185

63,000 ..................................................................................................... 12,476 7,441 3,292

66,000 ..................................................................................................... 12,944 7,661 3,398

70,000 ..................................................................................................... 13,567 7,954 3,541

90,000 ..................................................................................................... 16,683 9,419 4,254’’.

1 (c) REPEAL OF TEMPORARY AUTHORITY FOR VARI2 ATIONS IN END STRENGTHS.—The following provisions of

3 law are repealed:

4 (1) Section 402 of the National Defense Author5 ization Act for Fiscal Year 1994 (Public Law 103–

6 160; 107 Stat. 1639; 10 U.S.C. 523 note).

7 (2) Section 402 of the National Defense Author8 ization Act for Fiscal Year 1995 (Public Law 103–

9 337; 108 Stat. 2743; 10 U.S.C. 523 note).

10 (3) Section 402 of the National Defense Author11 ization Act for Fiscal Year 1996 (Public Law 104–

12 106; 110 Stat. 286; 10 U.S.C. 523 note).

13 (d) EFFECTIVE DATE.—The amendments made by

14 subsections (a), (b), and (c) shall take effect on September

15 1, 1997.
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1 SEC. 404. EXTENSION OF REQUIREMENT FOR REC2 OMMENDATIONS REGARDING APPOINTMENTS

3 TO JOINT 4-STAR OFFICER POSITIONS.

4 Section 604(c) of title 10, United States Code, is

5 amended by striking out ‘‘September 30, 1997’’ and insert6 ing in lieu thereof ‘‘September 30, 2000’’.

7 SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL

8 OFFICERS ON ACTIVE DUTY IN THE MARINE

9 CORPS.

10 Section 526(a)(4) of title 10, United States Code, is

11 amended by striking out ‘‘68’’ and inserting in lieu thereof

12 ‘‘80’’.

13 Subtitle B—Reserve Forces

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

15 (a) IN GENERAL.—The Armed Forces are authorized

16 strengths for Selected Reserve personnel of the reserve com17 ponents as of September 30, 1997, as follows:

18 (1) The Army National Guard of the United

19 States, 366,758.

20 (2) The Army Reserve, 214,925.

21 (3) The Naval Reserve, 96,304.

22 (4) The Marine Corps Reserve, 42,000.

23 (5) The Air National Guard of the United

24 States, 108,904.

25 (6) The Air Force Reserve, 73,281.

26 (7) The Coast Guard Reserve, 8,000.
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1 (b) WAIVER AUTHORITY.—The Secretary of Defense

2 may vary the end strength authorized by subsection (a) by

3 not more than 2 percent.

4 (c) ADJUSTMENTS.—The end strengths prescribed by

5 subsection (a) for the Selected Reserve of any reserve compo6 nent for a fiscal year shall be proportionately reduced by—

7 (1) the total authorized strength of units orga8 nized to serve as units of the Selected Reserve of such

9 component which are on active duty (other than for

10 training) at the end of the fiscal year, and

11 (2) the total number of individual members not

12 in units organized to serve as units of the Selected

13 Reserve of such component who are on active duty

14 (other than for training or for unsatisfactory partici15 pation in training) without their consent at the end

16 of the fiscal year.

17 Whenever such units or such individual members are re18 leased from active duty during any fiscal year, the end

19 strength prescribed for such fiscal year for the Selected Re20 serve of such reserve component shall be proportionately in21 creased by the total authorized strengths of such units and

22 by the total number of such individual members.
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section 411(a),

4 the reserve components of the Armed Forces are authorized,

5 as of September 30, 1997, the following number of Reserves

6 to be serving on full-time active duty or full-time duty, in

7 the case of members of the National Guard, for the purpose

8 of organizing, administering, recruiting, instructing, or

9 training the reserve components:

10 (1) The Army National Guard of the United

11 States, 22,798.

12 (2) The Army Reserve, 11,475.

13 (3) The Naval Reserve, 16,603.

14 (4) The Marine Corps Reserve, 2,559.

15 (5) The Air National Guard of the United

16 States, 10,403.

17 (6) The Air Force Reserve, 655.

18 SEC. 413. PERSONNEL MANAGEMENT RELATING TO ASSIGN19 MENT TO SERVICE IN THE SELECTIVE SERV20 ICE SYSTEM.

21 Section 10 of the Military Selective Service Act (50

22 U.S.C. App. 460) is amended—

23 (1) in subsection (b)(2), by inserting ‘‘, subject to

24 subsection (e),’’ after ‘‘to employ such number of civil25 ians, and’’; and
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1 (2) by inserting after subsection (d) the follow2 ing:

3 ‘‘(e)(1) The number of armed forces personnel assigned

4 to the Selective Service System under subsection (b)(2) may

5 not exceed 745, except in a time of war declared by Congress

6 or national emergency declared by Congress or the Presi7 dent.

8 ‘‘(2) Members of the Selected Reserve assigned to the

9 Selective Service System under subsection (b)(2) shall not

10 be counted for purposes of any limitation on the authorized

11 strength of Selected Reserve personnel of the reserve compo12 nents under any law authorizing the end strength of such

13 personnel.’’.

14 Subtitle C—Authorization of

15 Appropriations

16 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI17 TARY PERSONNEL.

18 There is hereby authorized to be appropriated to the

19 Department of Defense for military personnel for fiscal year

20 1997 a total of $69,880,430,000. The authorization in the

21 preceding sentence supersedes any other authorization of

22 appropriations (definite or indefinite) for such purpose for

23 fiscal year 1997.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel Policy

4 SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY

5 PROMOTIONS FOR CERTAIN NAVY LIEUTEN6 ANTS WITH CRITICAL SKILLS.

7 Section 5721(g) of title 10, United States Code, is

8 amended by striking out ‘‘September 30, 1996’’ and insert9 ing in lieu thereof ‘‘September 30, 1997’’.

10 SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE RE11 QUIREMENT FOR APPOINTMENT IN THE

12 NAVAL RESERVE IN GRADES ABOVE O–2.

13 Section 12205(b)(3) of title 10, United States Code, is

14 amended by inserting ‘‘or the Seaman to Admiral pro15 gram’’ after ‘‘(NAVCAD) program’’.

16 SEC. 503. TIME FOR AWARD OF DEGREES BY

17 UNACCREDITED EDUCATIONAL INSTITU18 TIONS FOR GRADUATES TO BE CONSIDERED

19 EDUCATIONALLY QUALIFIED FOR APPOINT20 MENT AS RESERVE OFFICERS IN GRADE O–3.

21 Section 12205(c)(2)(C) of title 10, United States Code,

22 is amended by striking out ‘‘three years’’ and inserting in

23 lieu thereof ‘‘eight years’’.
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1 SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.

2 (a) REDUCTION OF MINIMUM TIME IN GRADE RE3 QUIRED FOR CONSIDERATION FOR PROMOTION.—Section

4 574(e) of title 10, United States Code, is amended by strik5 ing out ‘‘three years of service’’ and inserting in lieu thereof

6 ‘‘two years of service’’.

7 (b) BELOW-ZONE SELECTION.—Section 575(b)(1) of

8 such title is amended by inserting ‘‘chief warrant officer,

9 W–3,’’ in the first sentence after ‘‘to consider warrant offi10 cers for selection for promotion to the grade of’’.

11 SEC. 505. FREQUENCY OF PERIODIC REPORT ON PRO12 MOTION RATES OF OFFICERS CURRENTLY OR

13 FORMERLY SERVING IN JOINT DUTY ASSIGN14 MENTS.

15 Section 662(b) of title 10, United States Code, is

16 amended by striking out ‘‘not less often than every six

17 months’’ in the parenthetical in the first sentence and in18 serting in lieu thereof ‘‘not less often than every twelve

19 months’’.

20 SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.

21 Section 5022(a) of title 10, United States Code, is

22 amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

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

25 ‘‘(2) Unless appointed to higher grade under another

26 provision of law, an officer, while serving in the Office of
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1 Naval Research as Chief of Naval Research, has the rank

2 of rear admiral (upper half).’’.

3 SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND

4 MIDSHIPMEN IN SIMULTANEOUS MEMBER5 SHIP PROGRAM.

6 (a) AMENDMENTS TO TITLE 10.—(1) Section 2106(c)

7 of title 10, United States Code, is amended by striking out

8 ‘‘while serving on active duty other than for training after

9 July 31, 1990, while a member of the Selected Reserve’’ and

10 inserting in lieu thereof ‘‘performed on or after August 1,

11 1979, as a member of the Selected Reserve’’.

12 (2) Section 2107(g) of such title is amended by striking

13 out ‘‘while serving on active duty other than for training

14 after July 31, 1990, while a member of the Selected Reserve’’

15 and inserting in lieu thereof ‘‘performed on or after August

16 1, 1979, as a member of the Selected Reserve’’.

17 (3) Section 2107a(g) of such title is amended by insert18 ing ‘‘, other than enlisted service performed after August

19 1, 1979, as a member of Selected Reserve’’ after ‘‘service

20 as a cadet or with concurrent enlisted service’’.

21 (b) AMENDMENT TO TITLE 37.—Section 205(d) of title

22 37, United States Code, is amended by striking out ‘‘that

23 service after July 31, 1990, that the officer performed while

24 serving on active duty’’ and inserting in lieu thereof ‘‘for
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1 service that the officer performed on or after August 1,

2 1979.’’.

3 (c) BENEFITS NOT TO ACCRUE FOR PRIOR PERI4 ODS.—No increase in pay or retired or retainer pay shall

5 accrue for periods before the date of the enactment of this

6 Act by reason of the amendments made by this section.

7 Subtitle B—Matters Relating to

8 Reserve Components

9 SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STA10 TUS.

11 Section 101(d)(4) of title 10, United States Code, is

12 amended by striking out ‘‘a reserve commissioned officer,

13 other than a commissioned warrant officer,’’ and inserting

14 in lieu thereof the following: ‘‘a member of a reserve compo15 nent’’.

16 SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL

17 MANAGEMENT ACT PROVISIONS.

18 (a) SERVICE REQUIREMENT FOR RETIREMENT IN

19 HIGHEST GRADE HELD.—Section 1370(d) of title 10, Unit20 ed States Code, is amended—

21 (1) by redesignating paragraph (3) as para22 graph (4);

23 (2) in paragraph (2)(A), by striking out ‘‘(A)’’;

24 (3) by redesignating paragraph (2)(B) as para25 graph (3); and
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1 (4) in paragraph (3), as so redesignated—

2 (A) by designating the first sentence as sub3 paragraph (A);

4 (B) by designating the second sentence as

5 subparagraph (B) and realigning such subpara6 graph, as so redesignated, flush to the left mar7 gin;

8 (C) in subparagraph (B), as so redesig9 nated, by striking out ‘‘the preceding sentence’’

10 and inserting in lieu thereof ‘‘subparagraph

11 (A)’’; and

12 (D) by adding at the end the following:

13 ‘‘(C) If a person covered by subparagraph (A) has com14 pleted at least six months of satisfactory service in grade,

15 the person was serving in that grade while serving in a

16 position of adjutant general required under section 314 of

17 title 32 or while serving in a position of assistant adjutant

18 general subordinate to such a position of adjutant general,

19 and the person has failed to complete three years of service

20 in that grade solely because the person’s appointment to

21 such position has been terminated or vacated as described

22 in section 324(b) of such title, then such person may be cred23 ited with satisfactory service in that grade, notwithstanding

24 the failure to complete three years of service in that grade.
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1 ‘‘(D) To the extent authorized by the Secretary of the

2 military department concerned, a person who, after having

3 been recommended for promotion in a report of a promotion

4 board but before being promoted to the recommended grade,

5 served in a position for which that grade is the minimum

6 authorized grade may be credited for purposes of subpara7 graph (A) as having served in that grade for the period

8 for which the person served in that position while in the

9 next lower grade. The period credited may not include any

10 period before the date on which the Senate provides advice

11 and consent for the appointment of that person in the rec12 ommended grade.

13 ‘‘(E) To the extent authorized by the Secretary of the

14 military department concerned, a person who, after having

15 been extended temporary Federal recognition as a reserve

16 officer of the Army National Guard in a particular grade

17 under section 308 of title 32 or temporary Federal recogni18 tion as a reserve officer of the Air National Guard in a

19 particular grade under such section, served in a position

20 for which that grade is the minimum authorized grade may

21 be credited for purposes of subparagraph (A) as having

22 served in that grade for the period for which the person

23 served in that position while extended the temporary Fed24 eral recognition, but only if the person was subsequently

25 extended permanent Federal recognition as a reserve officer
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1 in that grade and also served in that position after being

2 extended the permanent Federal recognition.’’.

3 (b) EXCEPTION TO REQUIREMENT FOR RETENTION OF

4 RESERVE OFFICERS UNTIL COMPLETION OF REQUIRED

5 SERVICE.—Section 12645(b)(2) of such title is amended by

6 inserting ‘‘or a reserve active-status list’’ after ‘‘active-duty

7 list’’.

8 (c) TECHNICAL CORRECTION.—Section 14314(b)(2)(B)

9 of such title is amended by striking out ‘‘of the Air Force’’.

10 SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMI11 NATIONS OF MEMBERS OF NATIONAL GUARD

12 CALLED INTO FEDERAL SERVICE.

13 (a) REPEAL.—Section 12408 of title 10, United States

14 Code, is repealed.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of chapter 1209 is amended by striking out

17 the item relating to section 12408.

18 SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO

19 WAIVE RETIREMENT SANCTUARY.

20 Section 12686 of title 10, United States Code, is

21 amended—

22 (1) by inserting ‘‘(a) LIMITATION.—’’ before

23 ‘‘Under regulations’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(b) WAIVER.—(1) The Secretary concerned may au2 thorize a member described in paragraph (2) to waive the

3 applicability of the limitation under subsection (a) to the

4 member for the period of active duty described in that para5 graph. A member shall exercise any such waiver option, if

6 at all, before the period of active duty begins.

7 ‘‘(2) The authority provided in paragraph (1) applies

8 to a member of a reserve component who is on active duty

9 (other than for training) pursuant to an order to active

10 duty under section 12301 of this title that specifies a period

11 of less than 180 days.’’.

12 SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY

13 OR DISEASE INCURRED OR AGGRAVATED

14 DURING OVERNIGHT STAY BETWEEN INAC15 TIVE DUTY TRAINING PERIODS.

16 Paragraph (2) of section 1204 of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘(2) the disability is a result of—

19 ‘‘(A) performing active duty or inactive20 duty training;

21 ‘‘(B) traveling directly to or from the place

22 at which such duty is performed; or

23 ‘‘(C) an injury, illness, or disease incurred

24 or aggravated while remaining overnight, be25 tween successive periods of inactive-duty train-
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1 ing, at or in the vicinity of the site of the inac2 tive duty training, if the site is outside reason3 able commuting distance of the member’s resi4 dence;’’.

5 SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE

6 HEALTH PROFESSIONS SCHOLARSHIP AND FI7 NANCIAL ASSISTANCE PROGRAM.

8 (a) CREDIT AUTHORIZED.—Section 2126 of title 10,

9 United States Code, is amended—

10 (1) by striking out ‘‘Service performed’’ and in11 serting in lieu thereof ‘‘(a) SERVICE NOT CRED12 ITABLE.—Except as provided in subsection (b), serv13 ice performed’’; and

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

15 ‘‘(b) EXCEPTION.—(1) The Secretary concerned may

16 authorize service performed by a member of the program

17 in pursuit of a course of study under this subchapter to

18 be counted in accordance with this subsection if the mem19 ber—

20 ‘‘(A) completes the course of study;

21 ‘‘(B) completes the active duty obligation im22 posed under section 2123(a) of this title; and

23 ‘‘(C) possesses a specialty designated by the Sec24 retary concerned as critically needed in wartime.
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1 ‘‘(2) Service credited under paragraph (1) counts only

2 for the following purposes:

3 ‘‘(A) Award of retirement points for computation

4 of years of service under section 12732 of this title

5 and for computation of retired pay under section

6 12733 of this title.

7 ‘‘(B) Computation of years of service creditable

8 under section 205 of title 37.

9 ‘‘(3) For purposes of paragraph (2)(A), a member may

10 be credited in accordance with paragraph (1) with not more

11 than 50 points for each year of participation in a course

12 of study that the member satisfactorily completes as a mem13 ber of the program.

14 ‘‘(4) Service may not be counted under paragraph (1)

15 for more than four years of participation in a course of

16 study as a member of the program.

17 ‘‘(5) A member who is dropped from the program

18 under section 2123(c) of this title may not receive any cred19 it under paragraph (1) for participation in a course of

20 study as a member of the program. Any credit awarded

21 for participation in the program before the member is

22 dropped shall be rescinded.

23 ‘‘(6) A member is not entitled to any retroactive award

24 of, or increase in, pay or allowances under title 37 by rea25 son of an award of service credit under paragraph (1).’’.
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1 (b) AWARD OF RETIREMENT POINTS.—(1) Section

2 12732(a)(2) of such title is amended—

3 (A) by inserting after clause (C) the following:

4 ‘‘(D) Points credited for the year under sec5 tion 2126(b) of this title.’’; and

6 (B) in the matter following clause (D), as in7 serted by paragraph (1), by striking out ‘‘and (C)’’

8 and inserting in lieu thereof ‘‘(C), and (D)’’.

9 (2) Section 12733(3) of such title is amended by strik10 ing out ‘‘or (C)’’ and inserting in lieu thereof ‘‘(C), or (D)’’.

11 SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUC12 TURE.

13 (a) REPORT.—Not later than March 1, 1997, the Sec14 retary of Defense shall submit to Congress a report on the

15 current force structure and the projected force structure of

16 the National Guard and the other reserve components.

17 (b) REPORT ELEMENTS.—The report required by sub18 section (a) shall address the following:

19 (1) The role of specific guard and reserve units

20 in the current force structure of the guard and re21 serves.

22 (2) The projected role of specific guard units and

23 reserve units in a major regional contingency.

24 (3) Whether or not the current force structure of

25 the guard and reserves is excess to the combat readi-
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1 ness requirements of the Armed Forces and, if so, to

2 what extent.

3 (4) The effect of decisions relating to the force

4 structure of the guard and reserves on combat readi5 ness within the tiered structure of combat readiness

6 applied to the Armed Forces.

7 SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR

8 MILITARY TECHNICIANS FOR THE AIR NA9 TIONAL GUARD FOR FISCAL YEAR 1997.

10 Section 513(b)(3) of the National Defense Authoriza11 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

12 Stat. 305; 10 U.S.C. 115 note) is amended to read as fol13 lows:

14 ‘‘(3) Air National Guard:

15 ‘‘(A) For fiscal year 1996, 22,906.

16 ‘‘(B) For fiscal year 1997, 22,956.’’.

17 Subtitle C—Officer Education

18 Programs

19 SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A

20 CADET OR MIDSHIPMAN IN THE SENIOR RE21 SERVE OFFICERS’ TRAINING CORPS AND THE

22 SERVICE ACADEMIES.

23 (a) SENIOR RESERVE OFFICERS’ TRAINING CORPS.—

24 Section 2107(a) of title 10, United States Code, is amended
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1 by striking out ‘‘25 years of age’’ and inserting in lieu

2 thereof ‘‘27 years of age’’.

3 (b) UNITED STATES MILITARY ACADEMY.—Section

4 4346(a) of title 10, United States Code, is amended by strik5 ing out ‘‘twenty-second birthday’’ and inserting in lieu

6 thereof ‘‘twenty-third birthday’’.

7 (c) UNITED STATES NAVAL ACADEMY.—Section

8 6958(a)(1) of title 10, United States Code, is amended by

9 striking out ‘‘twenty-second birthday’’ and inserting in lieu

10 thereof ‘‘twenty-third birthday’’.

11 (d) UNITED STATES AIR FORCE ACADEMY.—Section

12 9346(a) of title 10, United States Code, is amended by strik13 ing out ‘‘twenty-second birthday’’ and inserting in lieu

14 thereof ‘‘twenty-third birthday’’.

15 SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION

16 AND SUPPORT OF ARMY ROTC UNITS BY MEM17 BERS OF THE ARMY RESERVE AND NATIONAL

18 GUARD.

19 (a) IN GENERAL.—The Secretary of the Army shall

20 carry out a demonstration project in order to assess the fea21 sibility and advisability of providing instruction and simi22 lar support to units of the Reserve Officers Training Corps

23 of the Army through members of the Army Reserve (includ24 ing members of the Individual Ready Reserve) and members

25 of the Army National Guard.
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1 (b) PROJECT REQUIREMENTS.—(1) The Secretary

2 shall carry out the demonstration project at least one insti3 tution.

4 (2) In order to enhance the value of the project, the

5 Secretary may take actions to ensure that members of the

6 Army Reserve and the Army National Guard provide in7 struction and support under the project in a variety of in8 novative ways.

9 (c) INAPPLICABILITY OF LIMITATION ON RESERVES IN

10 SUPPORT OF ROTC.—The assignment of a member of the

11 Army Reserve or the Army National Guard to provide in12 struction or support under the demonstration project shall

13 not be treated as an assignment of the member to duty with

14 a unit of a Reserve Officer Training Corps program for

15 purposes of section 12321 of title 10, United States Code.

16 (d) REPORTS.—Not later than February 1 in each of

17 1998, 1999, 2000, and 2001, the Secretary shall submit to

18 Congress a report assessing the activities under the project

19 during the preceding year. The report submitted in 2000

20 shall include the Secretary’s recommendation as to the ad21 visability of continuing or expanding the authority for the

22 project.

23 (e) TERMINATION.—The authority of the Secretary to

24 carry out the demonstration project shall expire four years

25 after the date of the enactment of this Act.
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1 SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY

2 ROTC CADET COMMAND OR TERMINATION OF

3 SENIOR ROTC UNITS PENDING REPORT ON

4 ROTC.

5 (a) PROHIBITION.—Notwithstanding any other provi6 sion of law, the Secretary of the Army may not reorganize

7 or restructure the Reserve Officers Training Corps Cadet

8 Command or terminate any Senior Reserve Officer Train9 ing Corps units identified in the Information for Members

10 of Congress concerning Senior Reserve Officer Training

11 Corps (ROTC) Unit Closures dated May 20, 1996, until

12 180 days after the date on which the Secretary submits to

13 the congressional defense committees the report described in

14 subsection (b).

15 (b) REPORT.—The report referred to in subsection (a)

16 shall—

17 (1) describe the selection process used to identify

18 the Reserve Officer Training Corps units of the Army

19 to be terminated;

20 (2) list the criteria used by the Army to select

21 Reserve Officer Training Corps units for termination;

22 (3) set forth the specific ranking of each unit of

23 the Reserve Officer Training Corps of the Army to be

24 terminated as against all other such units;

25 (4) set forth the authorized and actual cadre

26 staffing of each such unit to be termination for each
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1 fiscal year of the 10-fiscal year period ending with

2 fiscal year 1996;

3 (5) set forth the production goals and perform4 ance evaluations of each Reserve Officer Training

5 Corps unit of the Army on the closure list for each

6 fiscal year of the 10-fiscal year period ending with

7 fiscal year 1996;

8 (6) describe how cadets currently enrolled in the

9 units referred to in paragraph (5) will be accommo10 dated after the closure of such units;

11 (7) describe the incentives to enhance the Reserve

12 Officer Training Corps program that are provided by

13 each of the colleges on the closure list;

14 (8) include the projected officer accession plan by

15 source of commission for the active-duty Army, the

16 Army Reserve, and the Army National Guard; and

17 (9) describe whether the closure of any ROTC

18 unit will adversely effect the recruitment of minority

19 officer candidates.
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1 Subtitle D—Other Matters

2 SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED

3 FOR PROMOTION WHEN A PHYSICAL DISABIL4 ITY IS FOUND AT ANY PHYSICAL EXAMINA5 TION.

6 Section 1372(3) of title 10, United States Code, is

7 amended by striking out ‘‘his physical examination for pro8 motion’’ and inserting in lieu thereof ‘‘a physical examina9 tion’’.

10 SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS

11 TO ACTIVE DUTY.

12 (a) NUMBER ON ACTIVE DUTY CONCURRENTLY.—Sub13 section (c) of section 688 of title 10, United States Code,

14 is amended—

15 (1) by striking out ‘‘(c) Except in time of war,

16 or of national emergency declared by Congress or the

17 President after November 30, 1980, not’’ and insert18 ing in lieu thereof ‘‘(c)(1) Not’’; and

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

20 ‘‘(2)(A) Not more than 25 officers of any one armed

21 force may be serving on active duty concurrently pursuant

22 to orders to active duty issued under this section.

23 ‘‘(B) In the administration of subparagraph (A), the

24 following officers shall not be counted:
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1 ‘‘(i) A chaplain who is assigned to duty as a

2 chaplain for the period of active duty to which or3 dered.

4 ‘‘(ii) A health care professional (as characterized

5 by the Secretary concerned) who is assigned to duty

6 as a health care professional for the period of the ac7 tive duty to which ordered.

8 ‘‘(iii) Any officer assigned to duty with the

9 American Battle Monuments Commission for the pe10 riod of active duty to which ordered.’’.

11 (b) OFFICERS RETIRED ON SELECTIVE EARLY RE12 TIREMENT BASIS.—Such section is amended by adding at

13 the end the following:

14 ‘‘(e) The following officers may not be ordered to active

15 duty under this section:

16 ‘‘(1) An officer who retired under section 638 of

17 this title.

18 ‘‘(2) An officer who—

19 ‘‘(A) after having been notified that the offi20 cer was to be considered for early retirement

21 under section 638 of this title by a board con22 vened under section 611(b) of this title and be23 fore being considered by that board, requested re24 tirement under section 3911, 6323, or 8911 of

25 this title; and
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1 ‘‘(B) was retired pursuant to that request.’’.

2 (c) LIMITATION OF PERIOD OF RECALL SERVICE.—

3 Such section, as amended by subsection (b), is further

4 amended by adding at the end the following:

5 ‘‘(f) A member ordered to active duty under subsection

6 (a) may not serve on active duty pursuant to orders under

7 such subsection for more than 12 months within the 24

8 months following the first day of the active duty to which

9 ordered under this section.’’.

10 (d) WAIVER FOR PERIODS OF WAR OR NATIONAL

11 EMERGENCY.—Such section, as amended by subsection (c),

12 is further amended by adding at the end the following:

13 ‘‘(g)(1) Subsection (c)(1) does not apply in time of war

14 or of national emergency declared by Congress or the Presi15 dent after November 30, 1980.

16 ‘‘(2) Subsections (c)(2), (e), and (f) do not apply in

17 time of war or of national emergency declared by Congress

18 or the President.’’.

19 SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED

20 EXCESS LEAVE FOR EDUCATIONAL PUR21 POSES.

22 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201 of

23 title 10, United States Code, is amended—

24 (1) by inserting ‘‘(a) RETIREMENT.—’’ before

25 ‘‘Upon a determination’’;
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1 (2) by striking out ‘‘a member of a regular com2 ponent of the armed forces entitled to basic pay, or

3 any other member of the armed forces entitled to basic

4 pay who has been called or ordered to active duty

5 (other than for training under section 10148(a) of

6 this title) for a period of more than 30 days,’’ and

7 inserting in lieu thereof ‘‘a member described in sub8 section (b)’’;

9 (3) by inserting after ‘‘incurred while entitled to

10 basic pay’’ the following: ‘‘or incurred while absent as

11 described in section 502(b) of title 37 to participate

12 in an educational program (even though not entitled

13 to basic pay by operation of such section)’’; and

14 (4) by adding at the end the following:

15 ‘‘(b) ELIGIBLE MEMBERS.—This section applies to the

16 following members:

17 ‘‘(1) A member of a regular component of the

18 armed forces entitled to basic pay.

19 ‘‘(2) Any other member of the armed forces enti20 tled to basic pay who has been called or ordered to

21 active duty (other than for training under section

22 10148(a) of this title) for a period of more than 30

23 days.

24 ‘‘(3) A member of a regular component of the

25 armed forces who is on active duty but is absent as
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1 described in section 502(b) of title 37 to participate

2 in an educational program.’’.

3 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY DIS4 ABILITY RETIREMENT LIST.—Section 1202 of title 10,

5 United States Code, is amended—

6 (1) by inserting ‘‘(a) TEMPORARY RETIRE7 MENT.—’’ before ‘‘Upon a determination’’; and

8 (2) by striking out ‘‘a member of a regular com9 ponent of the armed forces entitled to basic pay, or

10 any other member of the armed forces entitled to basic

11 pay who has been called or ordered to active duty

12 (other than for training under section 10148(a) of

13 this title) for a period of more than 30 days,’’ and

14 inserting in lieu thereof ‘‘a member described in sec15 tion 1201(b) of this title’’.

16 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

17 title 10, United States Code, is amended—

18 (1) by inserting ‘‘(a) SEPARATION.—’’ before

19 ‘‘Upon a determination’’;

20 (2) by striking out ‘‘a member of a regular com21 ponent of the armed forces entitled to basic pay, or

22 any other member of the armed forces entitled to basic

23 pay who has been called or ordered to active duty

24 (other than for training under section 10148(a) of

25 this title) for a period of more than 30 days,’’ and
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1 inserting in lieu thereof ‘‘a member described in sec2 tion 1201(b) of this title’’; and

3 (3) by inserting after ‘‘incurred while entitled to

4 basic pay’’ the following: ‘‘or incurred while absent as

5 described in section 502(b) of title 37 to participate

6 in an educational program (even though not entitled

7 to basic pay by operation of such section)’’.

8 (d) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on the date of the enactment of this

10 Act and shall apply with respect to physical disabilities in11 curred on or after such date.

12 SEC. 534. UNIFORM POLICY REGARDING RETENTION OF

13 MEMBERS WHO ARE PERMANENTLY NON14 WORLDWIDE ASSIGNABLE.

15 (a) POLICY REQUIRED.—Chapter 59 of title 10, Unit16 ed States Code, is amended by inserting after section 1176

17 the following:

18 ‘‘§ 1177. Uniform policy regarding retention of mem19 bers who are permanently nonworldwide

20 assignable

21 ‘‘The Secretary of Defense shall prescribe regulations

22 setting forth uniform policies and procedures regarding re23 tention of members of the Army, Navy, Air Force, and Ma24 rine Corps who are permanently nonworldwide assignable

25 for medical reasons.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by inserting after

3 the item relating to section 1176 the following:

‘‘1177. Uniform policy regarding retention of members who are permanently nonworldwide assignable.’’.

4 SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLIST5 MENT IN REGULAR COMPONENT UNDER THE

6 DELAYED ENTRY PROGRAM.

7 (a) AUTHORITY.—Section 513(b) of title 10, United

8 States Code, is amended by inserting after the first sentence

9 the following: ‘‘The Secretary concerned may extend the

10 365-day period for a person for up to 180 additional days

11 if the Secretary determines that it is in the best interests

12 of the armed force under the Secretary’s jurisdiction to do

13 so.’’.

14 (b) TECHNICAL AMENDMENTS.—Section 513(b) of such

15 title, as amended by subsection (a), is further amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

17 (2) by designating the third sentence as para18 graph (2) and realigning such paragraph, as so des19 ignated, flush to the left margin; and

20 (3) in paragraph (2), as so designated, by strik21 ing out ‘‘the preceding sentence’’ and inserting in lieu

22 thereof ‘‘paragraph (1)’’.
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1 SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEMBERS

2 WITH AT LEAST 10 YEARS OF SERVICE.

3 Subsection (d) of section 505 of title 10, United States

4 Code, is amended to read as follows:

5 ‘‘(d)(1) The Secretary concerned may accept a reenlist6 ment in the Regular Army, Regular Navy, Regular Air

7 Force, Regular Marine Corps, or Regular Coast Guard, as

8 the case may be, for a period determined under this sub9 section.

10 ‘‘(2) In the case of a member who has less than 10

11 years of service in the armed forces as of the day before

12 the first day of the period for which reenlisted, the period

13 for which the member reenlists shall be at least two years

14 but not more than six years.

15 ‘‘(3) In the case of a member who has at least 10 years

16 of service in the armed forces as of the day before the first

17 day of the period for which reenlisted, the Secretary con18 cerned may accept a reenlistment for either—

19 ‘‘(A) a specified period of at least two years

20 but not more than six years; or

21 ‘‘(B) an unspecified period.

22 ‘‘(4) No enlisted member is entitled to be reenlisted for

23 a period that would expire before the end of the member’s

24 current enlistment.’’.
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1 SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.

2 (a) REPEAL OF APPLICABILITY OF AUTHORITIES TO

3 DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES AND

4 CONTRACTOR EMPLOYEES.—(1) Section 1501 of title 10,

5 United States Code, is amended—

6 (A) by striking out subsection (c) and inserting

7 in lieu thereof the following new subsection (c):

8 ‘‘(c) COVERED PERSONS.—Section 1502 of this title

9 applies in the case of any member of the armed forces on

10 active duty who becomes involuntarily absent as a result

11 of a hostile action, or under circumstances suggesting that

12 the involuntary absence is a result of a hostile action, and

13 whose status is undetermined or who is unaccounted for.’’;

14 and

15 (B) by striking out subsection (f).

16 (2) Section 1503(c) of such title is amended—

17 (A) in paragraph (1), by striking out ‘‘one indi18 vidual described in paragraph (2)’’ and inserting in

19 lieu thereof ‘‘one military officer’’;

20 (B) by striking out paragraph (2); and

21 (C) by redesignating paragraphs (3) and (4) as

22 paragraphs (2) and (3), respectively.

23 (3) Section 1504(d) of such title is amended—

24 (A) by striking out the text of paragraph (1) and

25 inserting in lieu thereof the following new text: ‘‘A

26 board under this section shall be composed of at least
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1 three members who are officers having the grade of

2 major or lieutenant commander or above.’’; and

3 (B) in paragraph (4), by striking out ‘‘section

4 1503(c)(4)’’ and inserting in lieu thereof ‘‘section

5 1503(c)(3)’’.

6 (4) Paragraph (1) of section 1513 of such title is

7 amended to read as follows:

8 ‘‘(1) The term ‘missing person’ means a member

9 of the armed forces on active duty who is in a miss10 ing status.’’.

11 (b) REPORT ON PRELIMINARY ASSESSMENT OF STA12 TUS.—(1) Section 1502 of title 10, United States Code, is

13 amended—

14 (A) in subsection (a)(2)—

15 (i) by striking out ‘‘48 hours’’ and inserting

16 in lieu thereof ‘‘10 days’’; and

17 (ii) by striking out ‘‘theater component

18 commander with jurisdiction over the missing

19 person’’ and inserting in lieu thereof ‘‘Secretary

20 concerned’’;

21 (B) by striking out subsection (b);

22 (C) by redesignating subsection (c) as subsection

23 (b); and

24 (D) in subsection (b), as so redesignated, by

25 striking out the second sentence.
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1 (2) Section 1503(a) of such title is amended by strik2 ing out ‘‘section 1502(b)’’ and inserting in lieu thereof ‘‘sec3 tion 1502(a)’’.

4 (3) Section 1513 of such title is amended by striking

5 out paragraph (8).

6 (c) REPEAL OF REQUIREMENTS FOR COUNSELS FOR

7 MISSING PERSONS.—(1) Section 1503 of title 10, United

8 States Code, is amended—

9 (A) by striking out subsection (f); and

10 (B) by redesignating subsections (g) through (k)

11 as subsections (f) through (j), respectively.

12 (2) Section 1504 of such title is amended—

13 (A) by striking out subsection (f); and

14 (B) by redesignating subsections (g) through (m)

15 as subsections (f) through (l), respectively.

16 (3) Such section 1503 is further amended—

17 (A) in subsection (g)(3), as redesignated by

18 paragraph (1)(B) of this subsection, by striking out

19 ‘‘subsection (j)’’ and inserting in lieu thereof ‘‘sub20 section (i)’’;

21 (B) in subsection (h)(1), as so redesignated, by

22 striking out ‘‘subsection (h)’’ and inserting in lieu

23 thereof ‘‘subsection (g)’’;

24 (C) in subsection (i), as so redesignated—
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1 (i) by striking out ‘‘subsection (i)’’ in the

2 matter preceding paragraph (1) and inserting in

3 lieu thereof ‘‘subsection (h)’’; and

4 (ii) in paragraph (1)(B), by striking out

5 ‘‘subsection (h)’’ and inserting in lieu thereof

6 ‘‘subsection (g)’’; and

7 (D) in subsection (j), as so redesignated, by

8 striking out ‘‘subsection (i)’’ and inserting in lieu

9 thereof ‘‘subsection (h)’’.

10 (4) Such section 1504 of such title is amended—

11 (A) in subsection (a), by striking out ‘‘section

12 1503(i)’’ and inserting in lieu thereof ‘‘section

13 1503(h)’’;

14 (B) in subsection (e)(1), by striking out ‘‘section

15 1503(h)’’ and inserting in lieu thereof ‘‘section

16 1503(g)’’;

17 (C) in subsection (f), as redesignated by para18 graph (2)(B) of this subsection, by striking out ‘‘sub19 section (i)’’ each place it appears in paragraphs

20 (4)(D) and (5)(B) and inserting in lieu thereof ‘‘sub21 section (h)’’;

22 (D) in subsection (g)(3)(A), as so redesignated,

23 by striking out ‘‘and the counsel for the missing per24 son appointed under subsection (f)’’;

25 (E) in subsection (j), as so redesignated—
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1 (i) in paragraph (1)—

2 (I) by striking out ‘‘subsection (j)’’ in

3 the matter preceding subparagraph (A) and

4 inserting in lieu thereof ‘‘subsection (i)’’;

5 (II) by inserting ‘‘and’’ at the end of

6 subparagraph (A);

7 (III) by striking out subparagraph

8 (B); and

9 (IV) by redesignating subparagraph

10 (C) as subparagraph (B) and in that sub11 paragraph, as so redesignated, by striking

12 out ‘‘subsection (g)(5)’’ and inserting in

13 lieu thereof ‘‘subsection (f)(5)’’; and

14 (ii) in paragraph (2), by striking out ‘‘sub15 paragraph (C)’’ and inserting in lieu thereof

16 ‘‘subparagraph (B)’’;

17 (F) in subsection (k), as redesignated by para18 graph (2)(B) of this subsection, by striking out ‘‘sub19 section (k)’’ in the matter preceding paragraph (1)

20 and inserting in lieu thereof ‘‘subsection (j)’’; and

21 (G) in subsection (l), as so redesignated, by strik22 ing out ‘‘subsection (k)’’ and inserting in lieu thereof

23 ‘‘subsection (l)’’.

24 (5) Section 1505(c) of such title is amended—
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1 (A) in paragraph (2), by striking out ‘‘(A) the

2 designated missing person’s counsel for that person,

3 and (B)’’; and

4 (B) in paragraph (3), by striking out ‘‘, with the

5 advice’’ and all that follows through ‘‘paragraph

6 (2),’’.

7 (6) Section 1509(a) of such title is amended by strik8 ing out ‘‘section 1504(g)’’ and inserting in lieu thereof ‘‘sec9 tion 1504(f)’’.

10 (d) FREQUENCY OF SUBSEQUENT REVIEWS.—Sub11 section (b) of section 1505 of title 10, United States Code,

12 is amended to read as follows:

13 ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The

14 Secretary concerned shall conduct inquiries into the where15 abouts and status of a person under subsection (a) upon

16 receipt of information that may result in a change of status

17 of the person. The Secretary concerned shall appoint a

18 board to conduct such inquiries.’’.

19 (e) REPEAL OF STATUTORY PENALTIES FOR WRONG20 FUL WITHHOLDING OF INFORMATION.—Section 1506 of

21 title 10, United States Code, is amended—

22 (1) by striking out subsection (e); and

23 (2) by redesignating subsection (f) as subsection

24 (e).
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1 (f) INFORMATION TO ACCOMPANY RECOMMENDATION

2 OF STATUS OF DEATH.—Section 1507(b) of title 10, United

3 States Code, is amended by striking out paragraphs (3) and

4 (4).

5 (g) REPEAL OF RIGHT OF JUDICIAL REVIEW.—Section

6 1508 of title 10, United States Code, is repealed.

7 (h) SCOPE OF PREENACTMENT REVIEW.—(1) Section

8 1509 of title 10, United States Code, is amended—

9 (A) in subsection (b)—

10 (i) by striking out paragraph (1); and

11 (ii) by redesignating paragraphs (2) and

12 (3) as paragraphs (1) and (2), respectively;

13 (B) by striking out subsection (c);

14 (C) by redesignating subsection (d) as subsection

15 (c); and

16 (D) in subsection (c), as so redesignated—

17 (i) by striking out paragraph (1); and

18 (ii) by redesignating paragraphs (2) and

19 (3) as paragraphs (1) and (2), respectively.

20 (2) The section heading of such section is amended by

21 striking out ‘‘, special interest cases’’.

22 (i) CLERICAL AMENDMENTS.—The table of sections at

23 the beginning of chapter 76 of title 10, United States Code,

24 is amended—
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1 (1) in the item relating to section 1509, by strik2 ing out ‘‘, special interest cases’’; and

3 (2) by striking out the item relating to section

4 1509.

5 SEC. 538. INAPPLICABILITY OF SOLDIERS’ AND SAILORS’

6 CIVIL RELIEF ACT OF 1940 TO THE PERIOD OF

7 LIMITATIONS FOR FILING CLAIMS FOR COR8 RECTIONS OF MILITARY RECORDS.

9 (a) EXTENSION OF PERIOD.—Section 1552(b) of title

10 10, United States Code, is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

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

13 ‘‘(2) Notwithstanding the provisions of section 205 of

14 the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50

15 U.S.C. App. 525), and any other provision of law, the three16 year period for filing a request for correction of records is

17 not extended by reason of military service. However, in de18 termining under paragraph (1) whether it is in the interest

19 of justice to excuse a failure timely to file a request for cor20 rection, the board shall consider the claimant’s military

21 service and its effect on the claimant’s ability to file a

22 claim.’’.

23 (b) EFFECTIVE DATE.—Paragraph (2) of section

24 1552(b) of such title, as added by subsection (a), shall take

25 effect three years after the date of the enactment of this Act.
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1 SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMER2 ICAN SOLDIERS WHO SERVED IN WORLD WAR

3 II.

4 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not5 withstanding the time limitations in section 3744(b) of title

6 10, United States Code, or any other time limitation, the

7 President may award the Medal of Honor to each person

8 identified in subsection (b), each such person having distin9 guished himself conspicuously by gallantry and intrepidity

10 at the risk of his life above and beyond the call of duty

11 while serving in the United States Army during World War

12 II.

13 (b) APPLICABILITY.—The authority in this section ap14 plies with respect to the following persons:

15 (1) Vernon J. Baker, who served as a first lieu16 tenant in the 370th Infantry Regiment, 92nd Infan17 try Division.

18 (2) Edward A. Carter, who served as a staff ser19 geant in the 56th Armored Infantry Battalion, 12th

20 Armored Division.

21 (3) John R. Fox, who served as a first lieutenant

22 in the 366th Infantry Regiment, 92nd Infantry Divi23 sion.

24 (4) Willy F. James, Jr., who served as a private

25 first class in the 413th Infantry Regiment, 104th In26 fantry Division.
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1 (5) Ruben Rivers, who served as a staff sergeant

2 in the 761st Tank Battalion.

3 (6) Charles L. Thomas, who served as a first

4 lieutenant in the 614th Tank Destroyer Battalion.

5 (7) George Watson, who served as a private in

6 the 29th Quartermaster Regiment.

7 (c) POSTHUMOUS AWARD.—The Medal of Honor may

8 be awarded under this section posthumously, as provided

9 in section 3752 of title 10, United States Code.

10 (d) PRIOR AWARD.—The Medal of Honor may be

11 awarded under this section for service for which a Distin12 guished-Service Cross, or other award, has been awarded.

13 SEC. 540. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE

14 CORPS.

15 (a) CHIEF OF ARMY NURSE CORPS.—Subsection (b)

16 of section 3069 of title 10, United States Code, is amend17 ed—

18 (1) in the first sentence, by striking out ‘‘major’’

19 and inserting in lieu thereof ‘‘lieutenant colonel’’;

20 (2) by inserting after the first sentence the fol21 lowing: ‘‘An appointee who holds a lower regular

22 grade shall be appointed in the regular grade of brig23 adier general.’’; and

24 (3) in the last sentence, by inserting ‘‘to the same

25 position’’ before the period at the end.
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1 (b) ASSISTANT CHIEF.—Subsection (c) of such section

2 is amended by striking out ‘‘major’’ in the first sentence

3 and inserting in lieu thereof ‘‘lieutenant colonel’’.

4 (c) CLERICAL AMENDMENTS.—(1) The heading of such

5 section is amended to read as follows:

6 ‘‘§ 3069. Army Nurse Corps: composition; Chief and as7 sistant chief; appointment; grade

8 (2) The item relating to such section in the table of

9 sections at the beginning of chapter 307 of title 10, United

10 States Code, is amended to read as follows:

‘‘3069. Army Nurse Corps: composition; Chief and assistant chief; appointment;

grade.’’.

11 SEC. 541. CHIEF AND ASSISTANT CHIEF OF AIR FORCE

12 NURSE CORPS.

13 (a) POSITIONS AND APPOINTMENT.—Chapter 807 of

14 title 10, United States Code, is amended by inserting after

15 section 8067 the following:

16 ‘‘§ 3069. Air Force nurses: Chief and assistant chief;

17 appointment; grade

18 ‘‘(a) POSITIONS OF CHIEF AND ASSISTANT CHIEF.—

19 There are a Chief and assistant chief of the Air Force Nurse

20 Corps.

21 ‘‘(b) CHIEF.—The Secretary of the Air Force shall ap22 point the Chief from the officers of the Regular Air Force

23 designated as Air Force nurses whose regular grade is above

24 lieutenant colonel and who are recommended by the Sur-
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1 geon General. An appointee who holds a lower regular grade

2 shall be appointed in the regular grade of brigadier general.

3 The Chief serves during the pleasure of the Secretary, but

4 not for more than three years, and may not be reappointed

5 to the same position.

6 ‘‘(c) ASSISTANT CHIEF.—The Surgeon General shall

7 appoint the assistant chief from the officers of the Regular

8 Air Force designated as Air Force nurses whose regular

9 grade is above lieutenant colonel.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of such chapter is amended by inserting after

12 section 8067 the following:

‘‘3069. Air Force Nurse Corps: Chief and assistant chief; appointment; grade.’’.

13 SEC. 542. WAIVER OF TIME LIMITATIONS FOR AWARD OF

14 CERTAIN DECORATIONS TO SPECIFIED PER15 SONS.

16 (a) WAIVER OF TIME LIMITATION.—Any limitation es17 tablished by law or policy for the time within which a rec18 ommendation for the award of a military decoration or

19 award must be submitted shall not apply in the case of

20 awards of decorations as described in subsection (b), the

21 award of each such decoration having been determined by

22 the Secretary of the Navy to be warranted in accordance

23 with section 1130 of title 10, United States Code.
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1 (b) DISTINGUISHED FLYING CROSS.—Subsection (a)

2 applies to awards of the Distinguished Flying Cross for

3 service during World War II as follows:

4 (1) FIRST AWARD.—First award, for completion

5 of at least 20 qualifying combat missions, to the fol6 lowing members and former members of the Armed

7 Forces:

8 Vernard V. Aiken of Wilmington, Vermont.

9 Ira V. Babcock of Dothan, Georgia.

10 George S. Barlow of Grafton, Virginia.

11 Earl A. Bratton of Bodega Bay, California.

12 Herman C. Edwards of Johns Island, South

13 Carolina.

14 James M. Fitzgerald of Anchorage, Alaska.

15 Paul L. Hitchcock of Raleigh, North Caro16 lina.

17 Harold H. Hottle of Hillsboro, Ohio.

18 Samuel M. Keith of Anderson, South Caro19 lina.

20 Otis Lancaster of Wyoming, Michigan.

21 John B. McCabe of Biglerville, Pennsylva22 nia.

23 James P. Merriman of Midland, Texas.

24 The late Michael L. Michalak, formerly of

25 Akron, New York.
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1 The late Edward J. Naparkowsky, formerly

2 of Hartford, Connecticut.

3 A. Jerome Pfeiffer of Racine, Wisconsin.

4 Duane L. Rhodes of Earp, California.

5 Frank V. Roach of Bloomfield, New Jersey.

6 Arnold V. Rosekrans of Horseheads, New

7 York.

8 Joseph E. Seaman, Jr. of Bordentown, New

9 Jersey.

10 Luther E. Thomas of Panama City, Flor11 ida.

12 Merton S. Ward of South Hamilton, Massa13 chusetts.

14 Simon L. Webb of Magnolia, Mississippi.

15 Jerry W. Webster of Leander, Texas.

16 Stanley J. Orlowski of Jackson, Michigan.

17 (2) SECOND AWARD.—Second award, for comple18 tion of at least 40 qualifying combat missions, to the

19 following members and former members of the Armed

20 Forces:

21 Ralph J. Deceuster of Dover, Ohio.

22 Elbert J. Kimble of San Francisco, Califor23 nia.

24 George W. Knauff of Monument, Colorado.
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1 John W. Lincoln of Rockland, Massachu2 setts.

3 Alan D. Marker of Sonoma, California.

4 Joseph J. Oliver of White Haven, Penn5 sylvania.

6 Arthur C. Adair of Grants Pass, Oregon.

7 Daniel K. Connors of Hampton, New

8 Hampshire.

9 Glen E. Danielson of Whittier, California.

10 Prescott C. Jernegan of Hemet, California.

11 Stephen K. Johnson of Englewood, Florida.

12 Warren E. Johnson of Vista, California.

13 Albert P. Emsley of Bothell, Washington.

14 Robert B. Carnes of West Yarmouth, Massa15 chusetts.

16 Urbain J. Fournier of Houma, Louisiana.

17 John B. Tagliapiri of St. Helena, Califor18 nia.

19 Ray B. Stiltner of Centralia, Washington.

20 (3) THIRD AWARD.—Third award, for comple21 tion of at least 60 qualifying combat missions, to the

22 following members and former members of the Armed

23 Forces:

24 Glenn Bowers of Dillsburg, Pennsylvania.

25 Arthur C. Casey of Irving, California.
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1 Robert J. Larsen of Gulf Breeze, Florida.

2 William A. Nickerson of Portland, Oregon.

3 David Mendoza of McAllen, Texas.

4 (4) FOURTH AWARD.—Fourth award, for comple5 tion of at least 80 qualifying combat missions, to the

6 following members and former members of the Armed

7 Forces:

8 Arvid L. Kretz of Santa Rosa, California.

9 George E. McClane of Cocoa Beach, Florida.

10 Robert Bair of Ontario, California.

11 (5) FIFTH AWARD.—Fifth award, for completion

12 of at least 100 qualifying combat missions, to the fol13 lowing members and former members of the Armed

14 Forces:

15 William A. Baldwin of San Clemente, Cali16 fornia.

17 George Bobb of Blackwood, New Jersey.

18 John R. Conrad of Hot Springs, Arkansas.

19 Herbert R. Hetrick of Roaring Springs,

20 Pennsylvania.

21 William L. Wells of Cordele, Georgia.

22 (6) SIXTH AWARD.—Sixth award, for completion

23 of at least 120 qualifying combat missions, to Rich24 ard L. Murray of Dallas, Texas.
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1 SEC. 543. MILITARY PERSONNEL STALKING PUNISHMENT

2 AND PREVENTION ACT OF 1996.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Military Personnel Stalking Punishment and Prevention

5 Act of 1996’’.

6 (b) IN GENERAL.—Title 18, United States Code, is

7 amended by inserting after section 2261 the following:

8 ‘‘§ 2261A. Stalking of members of the Armed Forces of

9 the United States

10 ‘‘(a) IN GENERAL.—Whoever, within the special mari11 time and territorial jurisdiction of the United States or in

12 the course of interstate travel, with the intent to injure or

13 harass any military person, places that military person in

14 reasonable fear of the death of, or serious bodily injury to,

15 that military person or a member of the immediate family

16 of that military person shall be punished as provided in

17 section 2261.

18 ‘‘(b) DEFINITIONS.—For purposes of this section—

19 ‘‘(1) the term ‘immediate family’ has the same

20 meaning as in section 115; and

21 ‘‘(2) the term ‘military person’ means—

22 ‘‘(A) any member of the Armed Forces of

23 the United States (including a member of any

24 reserve component); and

25 ‘‘(B) any member of the immediate family

26 of a person described in subparagraph (A).’’.
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1 (c) CONFORMING AMENDMENTS.—

2 (1) Section 2261(b) of title 18, United States

3 Code, is amended by inserting ‘‘or section 2261A’’

4 after ‘‘this section’’.

5 (2) Sections 2261(b) and 2262(b) of title 18,

6 United States Code, are each amended by striking

7 ‘‘offender’s spouse or intimate partner’’ each place it

8 appears and inserting ‘‘victim’’.

9 (3) The chapter heading for chapter 110A of title

10 18, United States Code, is amended by inserting

11 ‘‘AND STALKING’’ after ‘‘VIOLENCE’’.

12 (d) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of chapter 110A of title 18, United States

14 Code, is amended by inserting after the item relating to

15 section 2261 the following new item:

‘‘2261A. Stalking of members of the Armed Forces of the United States.’’.

16 (e) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on the day after

18 the date of enactment of this Act.
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1 Subtitle E—Commissioned Corps of

2 the Public Health Service

3 SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF

4 PROHIBITION ON CREDITING CADET OR MID5 SHIPMEN SERVICE AT THE SERVICE ACAD6 EMIES.

7 Section 971(b) of title 10, United States Code, is

8 amended—

9 (1) in subsection (a), by inserting before the pe10 riod at the end the following: ‘‘or an officer in the

11 Commissioned Corps of the Public Health Service’’;

12 and

13 (2) in subsection (b)—

14 (A) by striking out ‘‘and’’ at the end of

15 paragraph (2);

16 (B) by striking out the period at the end of

17 paragraph (3) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(4) no officer in the Commissioned Corps of the

22 Public Health Service may be credited with service as

23 a midshipman at the United States Naval Academy

24 or as a cadet at the United States Military Academy,
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1 United States Air Force Academy, or United States

2 Coast Guard Academy.’’.

3 SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC

4 HEALTH SERVICE OFFICERS ASSIGNED TO

5 THE DEPARTMENT OF DEFENSE.

6 Section 206 of the Public Health Service Act (42

7 U.S.C. 207 et seq.) is amended by adding at the end thereof

8 the following new subsection:

9 ‘‘(f) EXCEPTION TO GRADE LIMITATIONS FOR OFFI10 CERS ASSIGNED TO DEPARTMENT OF DEFENSE.—In com11 puting the maximum number of commissioned officers of

12 the Public Health Service authorized by law to hold a grade

13 which corresponds to the grade of captain, major, lieutenant

14 colonel, or colonel, there may be excluded from such com15 putation officers who hold such a grade while the officers

16 are assigned to duty in the Department of Defense.’’.

17 Subtitle F—Defense Economic Ad18 justment, Diversification, Con19 version, and Stabilization

20 SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT

21 PLACEMENT PROGRAM TO INCLUDE FIRE22 FIGHTERS.

23 Section 1152(g) of title 10, United States Code, is

24 amended—
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1 (1) by striking out ‘‘(g) CONDITIONAL EXPAN2 SION OF PLACEMENT TO INCLUDE FIREFIGHTERS.—

3 (1) Subject to paragraph (2), the’’ and inserting in

4 lieu thereof ‘‘(g) AUTHORITY TO EXPAND PLACEMENT

5 TO INCLUDE FIREFIGHTERS.—The’’; and

6 (2) in paragraph (2), by striking out the first

7 sentence.

8 SEC. 572. TROOPS-TO-TEACHERS PROGRAM IMPROVE9 MENTS.

10 (a) SEPARATED MEMBERS OF THE ARMED FORCES.—

11 (1) Subsection (a) of section 1151 of title 10, United States

12 Code, is amended by striking out ‘‘may establish’’ and in13 serting in lieu thereof ‘‘shall establish’’.

14 (2) Such section is further amended—

15 (A) in subsection (f)(2), by striking out ‘‘five

16 school years’’ in subparagraphs (A) and (B) and in17 serting in lieu thereof ‘‘two school years’’; and

18 (B) in subsection (h)(3)(A), by striking out ‘‘five

19 consecutive school years’’ and inserting in lieu thereof

20 ‘‘two consecutive school years’’.

21 (3) Subsection (g)(2) of such section is amended—

22 (A) by striking out the comma after ‘‘section

23 1174a of this title’’ and inserting in lieu thereof ‘‘or’’;

24 and
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1 (B) by striking out ‘‘, or retires pursuant to the

2 authority provided in section 4403 of the National

3 Defense Authorization Act for fiscal year 1993 (Public

4 Law 102–484; 10 U.S.C. 1293 note)’’.

5 (4) Subsection (h)(3)(B) of such section is amended—

6 (A) in clause (i), by striking out ‘‘$25,000’’ and

7 inserting in lieu thereof ‘‘$17,000’’;

8 (B) in clause (ii)—

9 (i) by striking out ‘‘40 percent’’ and insert10 ing in lieu thereof ‘‘25 percent’’; and

11 (ii) by striking out ‘‘$10,000’’ and inserting

12 in lieu thereof ‘‘$8,000’’; and

13 (C) by striking out clauses (iii), (iv), and (v).

14 (b) SAVINGS PROVISION.—The amendments made by

15 this section do not effect obligations under agreements en16 tered into in accordance with section 1151 of title 10, Unit17 ed States Code, before the date of the enactment of this Act.

18 Subtitle G—Armed Forces

19 Retirement Home

20 SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT

21 HOME ACT OF 1991.

22 Except as otherwise expressly provided, whenever in

23 this subtitle an amendment or repeal is expressed in terms

24 of an amendment to, or repeal of, a section or other provi25 sion, the reference shall be considered to be made to a section
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1 or other provision of the Armed Forces Retirement Home

2 Act of 1991 (title XV of Public Law 101–510; 24 U.S.C.

3 401 et seq.).

4 SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.

5 (a) AUTHORITY.—Part A is amended by adding at the

6 end the following:

7 ‘‘SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPEN8 SATED SERVICES.

9 ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject to

10 subsection (b) and notwithstanding section 1342 of title 31,

11 United States Code, the Chairman of the Retirement Home

12 Board or the Director of each establishment of the Retire13 ment Home may accept from any person voluntary per14 sonal services or gratuitous services unless the acceptance

15 of the voluntary services is disapproved by the Retirement

16 Home Board.

17 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The

18 Chairman of the Retirement Home Board or the Director

19 of the establishment accepting the services shall notify the

20 person of the scope of the services accepted.

21 ‘‘(2) The Chairman or Director shall—

22 ‘‘(A) supervise the person providing the services

23 to the same extent as that official would supervise a

24 compensated employee providing similar services; and
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1 ‘‘(B) ensure that the person is licensed, privi2 leged, has appropriate credentials, or is otherwise

3 qualified under applicable laws or regulations to pro4 vide such services.

5 ‘‘(3) A person providing services accepted under sub6 section (a) may not—

7 ‘‘(A) serve in a policymaking position of the Re8 tirement Home; or

9 ‘‘(B) be compensated for the services by the Re10 tirement Home.

11 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS

12 PROVIDING SERVICES.—The Chairman of the Retirement

13 Home Board or the Director of an establishment of the Re14 tirement Home may recruit and train persons to provide

15 services authorized to be accepted under subsection (a).

16 ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—(1)

17 Subject to paragraph (3), while providing services accepted

18 under subsection (a) or receiving training under subsection

19 (c), a person shall be considered to be an employee of the

20 Federal Government only for purposes of the following pro21 visions of law:

22 ‘‘(A) Subchapter I of chapter 81 of title 5, Unit23 ed States Code (relating to compensation for work-re24 lated injuries).
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1 ‘‘(B) Chapter 171 of title 28, United States Code

2 (relating to claims for damages or loss).

3 ‘‘(2) A person providing services accepted under sub4 section (a) shall be considered to be an employee of the Fed5 eral Government under paragraph (1) only with respect to

6 services that are within the scope of the services accepted.

7 ‘‘(3) For purposes of determining the compensation for

8 work-related injuries payable under chapter 81 of title 5,

9 United States Code (pursuant to this subsection) to a per10 son providing services accepted under subsection (a), the

11 monthly pay of the person for such services shall be deemed

12 to be the amount determined by multiplying—

13 ‘‘(A) the average monthly number of hours that

14 the person provided the services, by

15 ‘‘(B) the minimum wage determined in accord16 ance with section 6(a)(1) of the Fair Labor Stand17 ards Act of 1938 (29 U.S.C. 206(a)(1)).

18 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

19 The Chairman of the Retirement Board or the Director of

20 the establishment accepting services under subsection (a)

21 may provide for reimbursement of a person for incidental

22 expenses incurred by the person in providing the services

23 accepted under subsection (a). The Chairman or Director

24 shall determine which expenses qualify for reimbursement

25 under this subsection.’’.
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1 (b) FEDERAL STATUS OF RESIDENTS PAID FOR PART2 TIME OR INTERMITTENT SERVICES.—Paragraph (2) of sec3 tion 1521(b) (24 U.S.C. 421(b)) is amended to read as fol4 lows:

5 ‘‘(2) being an employee of the United States for

6 any purpose other than—

7 ‘‘(A) subchapter I of chapter 81 of title 5,

8 United States Code (relating to compensation for

9 work-related injuries); and

10 ‘‘(B) chapter 171 of title 28, United States

11 Code (relating to claims for damages or loss).’’.

12 SEC. 583. DISPOSAL OF REAL PROPERTY.

13 (a) DISPOSAL AUTHORIZED.—Notwithstanding title II

14 the Federal Property and Administrative Services Act of

15 1949 (40 U.S.C. 481 et seq.), title VIII of such Act (40

16 U.S.C. 531 et seq.), section 501 of the Stewart B. McKinney

17 Homeless Assistance Act (42 U.S.C. 11411), or any other

18 provision of law relating to the management and disposal

19 of real property by the United States, but subject to sub20 section (d), the Retirement Home Board may, by sale or

21 otherwise, convey all right, title, and interest of the United

22 States in a parcel of real property, including improvements

23 thereof, consisting of approximately 49 acres located in

24 Washington, District of Columbia, east of North Capitol

25 Street, and recorded as District Parcel 121/19.
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1 (b) MANNER, TERMS, AND CONDITIONS OF DIS2 POSAL.—The Retirement Home may determine—

3 (1) the manner for the disposal of the real prop4 erty under subsection (a); and

5 (2) the terms and conditions for the conveyance

6 of that property, including any terms and conditions

7 that the Board considers necessary to protect the in8 terests of the United States.

9 (c) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Board. The cost of the survey shall be borne

13 by the party or parties to which the property is to be con14 veyed.

15 (d) CONGRESSIONAL NOTIFICATION.—(1) Before dis16 posing of real property under subsection (a), the Board

17 shall notify the Committee on Armed Services of the Senate

18 and the Committee on National Security of the House of

19 Representatives of the proposed disposal. The Board may

20 not dispose of the real property until the later of—

21 (A) the date that is 60 days after the date on

22 which the notification is received by the committees;

23 or

24 (B) the date of the next day following the expira25 tion of the first period of 30 days of continuous ses-
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1 sion of Congress that follows the date on which the no2 tification is received by the committees.

3 (2) For the purposes of paragraph (1)—

4 (A) continuity of session is broken only by an

5 adjournment of Congress sine die; and

6 (B) the days on which either House is not in ses7 sion because of an adjournment of more than three

8 days to a day certain are excluded in the computa9 tion of any period of time in which Congress is in

10 continuous session.

11 SEC. 584. MATTERS CONCERNING PERSONNEL.

12 (a) TERMS OF APPOINTMENT TO GOVERNING

13 BOARDS.—Section 1515(e) (24 U.S.C. 415(e)) is amend14 ed—

15 (1) in paragraph (1), by striking out ‘‘subsection

16 (f)’’ and inserting in lieu thereof ‘‘paragraph (2)’’;

17 (2) by redesignating paragraph (2) as para18 graph (4); and

19 (3) by adding after paragraph (1) the following

20 new paragraphs:

21 ‘‘(2)(A) In the case of a member of a board who is

22 appointed or designated under subsection (b) or (c) on the

23 basis of a particular status described in a paragraph under

24 that subsection, the appointment or designation of that

25 member terminates on the date on which the member ceases
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1 to hold that status. The preceding sentence applies only to

2 members of the Armed Forces on active duty and employees

3 of the United States.

4 ‘‘(B) Paragraph (1) does not apply with respect to an

5 appointment or designation of a member of a board for a

6 term of less than five years that is made in accordance with

7 subsection (f).

8 ‘‘(3) A member of the Retirement Home Board and

9 a member of a Local Board may be reappointed for one

10 consecutive term by the Chairman of that board.’’.

11 (b) DUAL COMPENSATION.—(1) Section 1517 (24

12 U.S.C. 417) is amended—

13 (A) by redesignating subsection (f) as subsection

14 (g); and

15 (B) by inserting after subsection (e) the following

16 new subsection (f):

17 ‘‘(f) DUAL COMPENSATION.—(1) The Retirement

18 Home Board may waive the application of section 5532 of

19 title 5, United States Code, to the Director of an establish20 ment of the Retirement Home or any employee of the Retire21 ment Home (to the extent that such section would otherwise

22 apply to the Director or employee by reason of the employ23 ment as Director or employee). The Chairman of the Board

24 shall notify the Secretary of the Treasury of any waiver
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1 exercised under the preceding sentence and the effective date

2 of the waiver.

3 ‘‘(2) If the application of section 5532 of title 5, United

4 States Code, to a Director or employee is waived under

5 paragraph (1), the rate of pay payable out of the Retire6 ment Home Trust Fund for the Director or employee shall

7 be the amount equal to the excess, if any, of the periodic

8 rate of pay fixed for the position of the Director or employee

9 over the amount by which the retired or retainer pay pay10 able to the Director or employee would have been reduced

11 (computed on the basis of that periodic rate of pay for that

12 position) if section 5532 of title 5, United States Code, had

13 not been waived.

14 ‘‘(3)(A) In the case of a Director or employee paid at

15 a rate of pay that is reduced under paragraph (2), the

16 amounts deducted and withheld from pay for purposes of

17 chapter 81, subchapter III of chapter 83, chapter 84, chap18 ter 87, or chapter 89 of title 5, United States Code, all agen19 cy contributions required under such provisions of law, the

20 maximum amount of contributions that may be made to

21 the Thrift Saving Fund under subchapter III of chapter 84

22 of title 5, United States Code, the rate of disability com23 pensation payable under subchapter I of chapter 81 of such

24 title, the levels of life insurance coverage provided under

25 chapter 87 of such title, and the amounts of annuities under
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1 subchapter III of chapter 83 of such title and subchapter

2 II of chapter 84 of such title shall be computed as if the

3 Director or employee were paid the full rate of pay fixed

4 for the position of the Director or employee for the period

5 for which the Director was paid at the reduced rate of pay

6 under that paragraph.

7 ‘‘(B) If the amount payable to a Director or employee

8 under paragraph (2) is less than the total amount required

9 to be deducted and withheld from the pay of the Director

10 or employee under a provision of law referred to in sub11 paragraph (A), the amount of the deficiency shall be paid

12 by the Director or employee. The participation or benefits

13 available to a Director or employee who fails to pay a defi14 ciency promptly shall be restricted in accordance with regu15 lations which the Director of the Office of Personnel Man16 agement shall prescribe.

17 ‘‘(4) In this section, the term ‘retired or retainer pay’

18 has the meaning given such term in section 5531 of title

19 5, United States Code.’’.

20 (2) Section 1516(f) (24 U.S.C. 416(f)) is amended—

21 (A) by inserting ‘‘(1)’’ after ‘‘(f) ANNUAL RE22 PORT.—’’; and

23 (B) by adding at the end the following:

24 ‘‘(2) In addition to other matters covered by the an25 nual report for a fiscal year, the annual report shall iden-
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1 tify each Director or employee, if any, whose pay was re2 duced for any period during that fiscal year pursuant to

3 an exercise of the waiver authority under section 1517(f),

4 and shall include a discussion that demonstrates that the

5 unreduced rate of pay established for the position of that

6 Director or employee is comparable to the prevailing rates

7 of pay provided for personnel in the retirement home indus8 try who perform functions similar to those performed by

9 the Director or employee.’’.

10 (3) Subsection (f) of section 1517 (as added by para11 graph (1)(B)) and subsection (f)(2) of section 1516 (as

12 added by paragraph (2)(B)) shall apply with respect to pay

13 periods beginning on or after January 1, 1997.

14 SEC. 585. FEES FOR RESIDENTS.

15 (a) ONE-YEAR DELAY IN IMPLEMENTATION OF NEW

16 FEE STRUCTURE.—(1) Subsection (d)(2) of section 371 of

17 the National Defense Authorization Act for Fiscal Year

18 1995 (Public Law 103–337; 108 Stat. 2735; 24 U.S.C. 414

19 note) is amended by striking out ‘‘October 1, 1997’’ and

20 inserting in lieu thereof ‘‘October 1, 1998’’.

21 (2) Subsection (b)(2)(B) of such section is amended by

22 striking out ‘‘1998’’, ‘‘1999’’, and ‘‘2000’’ in paragraphs (1)

23 and (2) of the subsection (d) that is set forth in such sub24 section (b)(2)(B) as an amendment to section 1514 of the
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1 Armed Forces Retirement Home Act of 1991 and inserting

2 in lieu thereof ‘‘1999’’, ‘‘2000’’, and ‘‘2001’’, respectively.

3 (b) REPORT ON FUNDING THE ARMED FORCES RE4 TIREMENT HOME.—(1) Not later than March 3, 1997, the

5 Secretary of Defense shall submit to Congress a report on

6 meeting the funding needs of the Armed Forces Retirement

7 Home in a manner that is fair and equitable to the resi8 dents and to the members of the Armed Forces who provide

9 required monthly contributions for the home.

10 (2) The report shall include the following:

11 (A) The increment between levels of income of a

12 resident of the Armed Forces Retirement Home that

13 is appropriate for applying the next higher monthly

14 fee to a resident under a monthly fee structure for the

15 residents of the home.

16 (B) The categories of income and disability pay17 ments that should generally be considered as monthly

18 income for the purpose of determining the fee applica19 ble to a resident and the conditions under which each

20 such category should be considered as monthly income

21 for such purpose.

22 (C) The degree of flexibility that should be pro23 vided the Armed Forces Retirement Home Board for

24 the setting of fees for residents.
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1 (D) A discussion of whether the Armed Forces

2 Retirement Home Board has and should have author3 ity to vary the fee charged a resident under excep4 tional circumstances, together with any recommended

5 legislation regarding such an authority.

6 (E) A discussion of how to ensure fairness and

7 equitable treatment of residents and of warrant offi8 cers and enlisted members of the Armed Forces in

9 meeting the funding needs of the Armed Forces Re10 tirement Home.

11 (F) The advisability of exercising existing au12 thority to increase the amount deducted from the pay

13 of warrant officers and enlisted personnel for the

14 Armed Forces Retirement Home under section 1007(i)

15 of title 37, United States Code.

16 (G) Options for ways to meet the funding needs

17 of the Armed Forces Retirement Home without in18 creasing the amount deducted from pay under section

19 1007(i) of title 37, United States Code.

20 (H) Any other matters that the Secretary of De21 fense, after the consultation required by paragraph

22 (3), considers appropriate regarding funding of the

23 Armed Forces Retirement Home.
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1 (3) The Secretary shall consult the Armed Forces Re2 tirement Home Board and the secretaries of the military

3 departments in preparing the report under this subsection.

4 SEC. 586. AUTHORIZATION OF APPROPRIATIONS.

5 There is hereby authorized to be appropriated for fiscal

6 year 1997 from the Armed Forces Retirement Home Trust

7 Fund the sum of $57,345,000 for the operation of the Armed

8 Forces Retirement Home.

9 TITLE VI—COMPENSATION AND

10 OTHER PERSONNEL BENEFITS

11 Subtitle A—Pay and Allowances

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

13 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

14 adjustment required by section 1009 of title 37, United

15 States Code, in elements of compensation of members of the

16 uniformed services to become effective during fiscal year

17 1997 shall not be made.

18 (b) INCREASE IN BASIC PAY AND BAS.—Effective

19 January 1, 1997, the rates of basic pay and basic allowance

20 for subsistence of members of the uniformed services are in21 creased by 3.0 percent.

22 (c) INCREASE IN BAQ.—Effective January 1, 1997,

23 the rates of basic allowance for quarters of members of the

24 uniformed services are increased by 4.0 percent.
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1 SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY.

2 Section 203(c) of title 37, United States Code, is

3 amended—

4 (1) by striking out paragraph (2); and

5 (2) in paragraph (1), by striking out ‘‘(1)’’.

6 SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS

7 WHILE HOSPITALIZED.

8 (a) IN GENERAL.—Section 210 of title 37, United

9 States Code, is amended—

10 (1) by redesignating subsection (b) as subsection

11 (c); and

12 (2) by inserting after subsection (a) the following

13 new subsection (b):

14 ‘‘(b) A senior enlisted member of an armed force shall

15 continue to be entitled to the rate of basic pay authorized

16 for the senior enlisted member of that armed force while

17 the member is hospitalized, beginning on the day of the hos18 pitalization and ending on the day the member is dis19 charged from the hospital, but not for more than 180 days.’’.

20 (b) CLERICAL AMENDMENTS.—(1) The heading of such

21 section is amended to read as follows:
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1 ‘‘§ 210. Pay of the senior noncommissioned officer of

2 an armed force during terminal leave and

3 while hospitalized’’.

4 (2) The item relating to such section in the table of

5 sections at the beginning of chapter 3 of title 10, United

6 States Code, is amended to read as follows:

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

7 SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR MEM8 BERS ASSIGNED TO SEA DUTY.

9 (a) ENTITLEMENT OF SINGLE MEMBERS ABOVE

10 GRADE E–5.—Section 403(c)(2) of title 37, United States

11 Code, is amended by striking out the second sentence.

12 (b) ENTITLEMENT OF CERTAIN SINGLE MEMBERS IN

13 GRADE E–5.—Section 403(c)(2) of such title, as amended

14 by subsection (a), is further amended by adding at the end

15 the following: ‘‘However, the Secretary concerned may au16 thorize payment of the basic allowance for quarters to mem17 bers of a uniformed service without dependents who are in

18 pay grade E–5, are on sea duty, and are not provided Gov19 ernment quarters ashore.’’.

20 (c) ENTITLEMENT WHEN BOTH SPOUSES IN GRADES

21 BELOW GRADE E–6 ARE ASSIGNED TO SEA DUTY.—Sec22 tion 403(c)(2) of such title, as amended by subsections (a)

23 and (b), is further amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
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1 (2) by adding at the end the following: ‘‘Notwith2 standing section 421 of this title, two members of the

3 uniformed services in pay grades below E–6 who are

4 married to each other, have no dependent other than

5 the spouse, and are simultaneously assigned to sea

6 duty on ships are jointly entitled to one basic allow7 ance for quarters at the rate provided for members

8 with dependents in the highest pay grade in which ei9 ther spouse is serving.’’.

10 (d) EFFECTIVE DATE.—The amendments made by

11 subsections (a), (b), and (c) shall take effect on October 1,

12 1996.

13 SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO

14 DENY AN ELECTION NOT TO OCCUPY GOV15 ERNMENT QUARTERS.

16 Section 403(b)(3) of title 37, United States Code, is

17 amended by striking out ‘‘A member’’ and inserting in lieu

18 thereof ‘‘Subject to the provisions of subsection (j), a mem19 ber’’.

20 SEC. 606. FAMILY SEPARATION ALLOWANCE FOR MEMBERS

21 SEPARATED BY MILITARY ORDERS FROM

22 SPOUSES WHO ARE MEMBERS.

23 Section 427(b) of title 37, United States Code, is

24 amended—

25 (1) in paragraph (1)—
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1 (A) by striking out ‘‘or’’ at the end of sub2 paragraph (B);

3 (B) by striking out the period at the end of

4 subparagraph (C) and inserting in lieu thereof ‘‘;

5 or’’; and

6 (C) by adding at the end the following:

7 ‘‘(D) the member is married to a member of a

8 uniformed service, the member has no dependent other

9 than the spouse, the two members are separated by

10 reason of the execution of military orders, and the two

11 members were residing together immediately before

12 being separated by reason of execution of military or13 ders.’’; and

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

15 ‘‘(5) Section 421 of this title does not apply to bar

16 an entitlement to an allowance under paragraph (1)(D).

17 However, not more than one monthly allowance may be

18 paid with respect to a married couple under paragraph

19 (1)(D) for any month.’’.

20 SEC. 607. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR

21 PAY AND ALLOWANCES.

22 Section 3702 of title 31, United States Code, is amend23 ed by adding at the end the following:

24 ‘‘(e)(1) Upon the request of the Secretary concerned (as

25 defined in section 101 of title 37), the Comptroller General
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1 may waive the time limitations set forth in subsection (b)

2 or (c) in the case of a claim for pay or allowances provided

3 under title 37 and, subject to paragraph (2), settle the

4 claim.

5 ‘‘(2) Payment of a claim settled under paragraph (1)

6 shall be subject to the availability of appropriations for

7 payment of that particular claim.

8 ‘‘(3) This subsection does not apply to a claim in ex9 cess of $25,000.’’.

10 Subtitle B—Bonuses and Special

11 and Incentive Pays

12 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

13 FORCES.

14 (a) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

15 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec16 tion 302g(f) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1997’’ and inserting in lieu

18 thereof ‘‘September 30, 1998’’.

19 (b) SELECTED RESERVE REENLISTMENT BONUS.—

20 Section 308b(f) of title 37, United States Code, is amended

21 by striking out ‘‘September 30, 1997’’ and inserting in lieu

22 thereof ‘‘September 30, 1998’’.

23 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec24 tion 308c(e) 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 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

4 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR5 ITY UNITS.—Section 308d(c) of title 37, United States

6 Code, is amended by striking out ‘‘September 30, 1997’’ and

7 inserting in lieu thereof ‘‘September 30, 1998’’.

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of title 37, United States Code, is amended by

10 striking out ‘‘September 30, 1997’’ and inserting in lieu

11 thereof ‘‘September 30, 1998’’.

12 (f) READY RESERVE ENLISTMENT AND REENLISTMENT

13 BONUS.—Section 308h(g) of title 37, United States Code,

14 is amended by striking out ‘‘September 30, 1997’’ and in15 serting in lieu thereof ‘‘September 30, 1998’’.

16 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

17 308i(i) of title 37, United States Code, is amended by strik18 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

19 ‘‘September 30, 1998’’.

20 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

21 PAY FOR NURSE OFFICER CANDIDATES, REG22 ISTERED NURSES, AND NURSE ANES23 THETISTS.

24 (a) NURSE OFFICER CANDIDATE ACCESSION PRO25 GRAM.—Section 2130a(a)(1) of title 10, United States Code,
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1 is amended by striking out ‘‘September 30, 1997’’ and in2 serting in lieu thereof ‘‘September 30, 1998’’.

3 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

4 Section 302d(a)(1) of title 37, United States Code, is

5 amended by striking out ‘‘September 30, 1997’’ and insert6 ing in lieu thereof ‘‘September 30, 1998’’.

7 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES8 THETISTS.—Section 302e(a)(1) of title 37, United States

9 Code, is amended by striking out ‘‘September 30, 1997’’ and

10 inserting in lieu thereof ‘‘September 30, 1998’’.

11 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY12 MENT OF OTHER BONUSES AND SPECIAL

13 PAYS.

14 (a) AVIATION OFFICER RETENTION BONUS.—Section

15 301b(a) of title 37, United States Code, is amended by strik16 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

17 ‘‘September 30, 1998,’’.

18 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

19 Section 308(g) of title 37, United States Code, is amended

20 by striking out ‘‘September 30, 1997’’ and inserting in lieu

21 thereof ‘‘September 30, 1998’’.

22 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

23 Sections 308a(c) and 308f(c) of title 37, United States Code,

24 are each amended by striking out ‘‘September 30, 1997’’

25 and inserting in lieu thereof ‘‘September 30, 1998’’.
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1 (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS

2 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

3 of title 37, United States Code, is amended by striking out

4 ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘Sep5 tember 30, 1998’’.

6 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

7 312b(c) of title 37, United States Code, is amended by strik8 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

9 ‘‘September 30, 1998’’.

10 (f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

11 Section 312c(d) of title 37, United States Code, is amended

12 by striking out ‘‘October 1, 1997’’ and inserting in lieu

13 thereof ‘‘October 1, 1998’’.

14 (g) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

15 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

16 RESERVE.—Section 16302(d) of title 10, United States

17 Code, is amended by striking out ‘‘October 1, 1997’’ and

18 inserting in lieu thereof ‘‘October 1, 1998’’.

19 SEC. 614. INCREASED SPECIAL PAY FOR DENTAL OFFICERS

20 OF THE ARMED FORCES.

21 (a) INCREASED RATES.—Section 302b(a) of title 37,

22 United States Code, is amended—

23 (1) in paragraph (2)—

24 (A) in subparagraph (A), by striking out

25 ‘‘$1,200’’ and inserting in lieu thereof ‘‘$3,000’’;
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1 (B) in subparagraph (B), by striking out

2 ‘‘$2,000’’ and inserting in lieu thereof ‘‘$7,000’’;

3 and

4 (C) in subparagraph (C), by striking out

5 ‘‘$4,000’’ and inserting in lieu thereof ‘‘$7,000’’;

6 (2) in paragraph (4), by redesignating subpara7 graphs (A), (B), and (C) as subparagraphs (B), (C),

8 and (D), respectively, and by inserting before sub9 paragraph (B), as so redesignated, the following new

10 subparagraph (A):

11 ‘‘(A) $4,000 per year, if the officer has less than

12 three years of creditable service.’’; and

13 (3) in paragraph (5)—

14 (A) in subparagraph (A)—

15 (i) by striking out ‘‘$2,000’’ and in16 serting in lieu thereof ‘‘$2,500’’; and

17 (ii) by striking out ‘‘12 years’’ and in18 serting in lieu thereof ‘‘10 years’’;

19 (B) in subparagraph (B)—

20 (i) by striking out ‘‘$3,000’’ and in21 serting in lieu thereof ‘‘$3,500’’; and

22 (ii) by striking out ‘‘12 but less than

23 14 years’’ and inserting in lieu thereof ‘‘10

24 but less than 12 years’’; and
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1 (C) in subparagraph (C), by striking out

2 ‘‘14 or more years’’ and inserting in lieu thereof

3 ‘‘12 or more years’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall take effect on October 1, 1996.

6 SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC HEALTH

7 SERVICE OPTOMETRISTS.

8 Section 302a(b) of title 37, United States Code, is

9 amended—

10 (1) in paragraph (2)—

11 (A) by striking out ‘‘an armed force’’ in the

12 matter preceding subparagraph (A) and insert13 ing in lieu thereof ‘‘a uniformed service’’; and

14 (B) by striking out ‘‘of the military depart15 ment’’ in subparagraph (C); and

16 (2) in paragraph (4), by striking out ‘‘of the

17 military department’’.

18 SEC. 616. SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE

19 PROVIDERS IN THE PUBLIC HEALTH SERVICE.

20 Section 302c(d) of title 37, United States Code, is

21 amended—

22 (1) in the matter preceding paragraph (1), by

23 striking out ‘‘Secretary of Defense’’ and inserting in

24 lieu thereof ‘‘Secretary concerned’’; and

25 (2) in paragraph (1)—
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1 (A) by striking out ‘‘or’’ the third place it

2 appears; and

3 (B) by inserting before the period at the end

4 the following: ‘‘, or an officer in the Regular or

5 Reserve Corps of the Public Health Service’’.

6 SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUB7 LIC HEALTH SERVICE AND NATIONAL OCE8 ANIC AND ATMOSPHERIC ADMINISTRATION

9 OFFICERS.

10 (a) ELIGIBILITY.—Section 316 of title 37, United

11 States Code, is amended in subsection (a)—

12 (1) in the matter preceding paragraph (1), by

13 striking out ‘‘armed forces’’ and inserting in lieu

14 thereof ‘‘uniformed services’’;

15 (2) in paragraph (2)—

16 (A) by striking out ‘‘Secretary of Defense’’

17 and inserting in lieu thereof ‘‘Secretary con18 cerned’’; and

19 (B) by inserting ‘‘or public health’’ after

20 ‘‘national defense’’; and

21 (3) in paragraph (3)—

22 (A) in subparagraph (A), by striking out

23 ‘‘military’’ and inserting in lieu thereof ‘‘uni24 formed services’’;
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1 (B) in subparagraph (C), by striking out

2 ‘‘military’’; and

3 (C) in subparagraph (D)—

4 (i) by striking out ‘‘Department of De5 fense’’ and inserting in lieu thereof ‘‘uni6 formed service’’; and

7 (ii) by striking out ‘‘Secretary of De8 fense’’ and inserting in lieu thereof ‘‘Sec9 retary concerned’’.

10 (b) ADMINISTRATION.—Subsection (d) of such section

11 is amended—

12 (1) by striking out ‘‘his jurisdiction and’’ and

13 inserting in lieu thereof ‘‘the Secretary’s jurisdic14 tion,’’; and

15 (2) by inserting before the period at the end ‘‘,

16 by the Secretary of Health and Human Services for

17 the Commissioned Corps of the Public Health Service,

18 and by the Secretary of Commerce for the National

19 Oceanic and Atmospheric Administration’’.

20 (c) EFFECTIVE DATE.—The amendments made by sub21 sections (a) and (b) shall take effect on October 1, 1996,

22 and apply with respect to months beginning on or after

23 such date.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. ROUND TRIP TRAVEL ALLOWANCES FOR SHIP4 PING MOTOR VEHICLES AT GOVERNMENT EX5 PENSE.

6 (a) IN GENERAL.—Section 406(b)(1)(B) of title 37,

7 United States Code, is amended as follows—

8 (1) in clause (i)(I), by inserting ‘‘, including re9 turn travel to the old duty station,’’ after ‘‘nearest the

10 old duty station’’; and

11 (2) in clause (ii), by inserting ‘‘, including trav12 el from the new duty station to the port of debarka13 tion to pick up the vehicle’’ after ‘‘to the new duty

14 station’’.

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall take effect on April 1, 1997.

17 SEC. 622. OPTION TO STORE INSTEAD OF TRANSPORT A

18 PRIVATELY OWNED VEHICLE AT THE EX19 PENSE OF THE UNITED STATES.

20 (a) IN GENERAL.—Section 2634 of title 10, United

21 States Code, is amended—

22 (1) by redesignating subsection (b) as subsection

23 (g);

24 (2) by transferring subsection (g), as so redesig25 nated, to the end of such section; and
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1 (3) by inserting after subsection (a) the following

2 new subsection (b):

3 ‘‘(b) When a member is ordered to make a change of

4 permanent station to a foreign country and the member is

5 authorized under subsection (a) to have a vehicle trans6 ported under that subsection, the Secretary may authorize

7 the member to store the vehicle (instead of having it trans8 ported) if restrictions imposed by the foreign country or the

9 United States preclude entry of the vehicle into that country

10 or require extensive modification of the vehicle as a condi11 tion for entry of the vehicle into the country. The cost of

12 the storage of the vehicle, and costs associated with the deliv13 ery of the vehicle for storage and removal of the vehicle for

14 delivery from storage shall be paid by the United States.

15 Costs paid under this subsection may not exceed reasonable

16 amounts, as determined under regulations prescribed by the

17 Secretary of Defense (and the Secretary of Transportation

18 with respect to the Coast Guard when it is not operating

19 as a service in the Navy).’’.

20 (b) UNACCOMPANIED TOURS.—Subsection (h)(1)(B) of

21 section 406 of title 37, United States Code, is amended to

22 read as follows:

23 ‘‘(B) in the case of a member described in para24 graph (2)(A), authorize the transportation of one

25 motor vehicle that is owned by the member (or a de-
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1 pendent of a member) and is for his dependent’s per2 sonal use to that location by means of transportation

3 authorized under section 2634 of title 10, or authorize

4 storage of such motor vehicle if the storage of the

5 motor vehicle is otherwise authorized under that sec6 tion.’’.

7 (c) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on October 1, 1996.

9 SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL AND TRANS10 PORTATION ALLOWANCES IN CONNECTION

11 WITH LEAVE BETWEEN CONSECUTIVE OVER12 SEAS TOURS.

13 (a) AUTHORITY FOR ADDITIONAL DEFERRAL OF TRAV14 EL.—Section 411b(a)(2) of title 37, United States Code, is

15 amended by adding at the end the following: ‘‘A member

16 may defer the travel for one additional year if, due to par17 ticipation in a contingency operation, the member is unable

18 to commence the travel within the one-year period provided

19 for under the preceding sentence.’’.

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section shall (a) take effect as of November 1, 1995, and

22 shall apply with respect to members of the uniformed serv23 ices who, on or after that date, participate in critical oper24 ational missions, as determined under the third sentence
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1 of section 411b(a)(2) of title 37, United States Code (as

2 added by subsection (a)).

3 SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD

4 EFFECTS OF PUBLIC HEALTH SERVICE OFFI5 CERS.

6 Section 406(j)(1) of title 37, United States Code, is

7 amended in the first sentence—

8 (1) by inserting ‘‘, and appropriations available

9 to the Department of Health and Human Services for

10 providing transportation of household effects of mem11 bers of the Commissioned Corps of the Public Health

12 Service under subsection (b),’’ after ‘‘members of the

13 armed forces under subsection (b)’’; and

14 (2) by striking out ‘‘of the military department’’.

15 Subtitle D—Retired Pay, Survivor

16 Benefits, and Related Matters

17 SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST18 OF-LIVING ADJUSTMENT FOR FISCAL YEAR

19 1998.

20 (a) REPEAL OF ADJUSTMENT OF EFFECTIVE DATE

21 FOR FISCAL YEAR 1998.—Section 1401a(b)(2)(B) of title

22 10, United States Code, is amended—

23 (1) by striking out ‘‘(B) SPECIAL RULES’’ and

24 all that follows through ‘‘In the case of’’ in clause (i)
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1 and inserting in lieu thereof ‘‘(B) SPECIAL RULE FOR

2 FISCAL YEAR 1996.—In the case of’’; and

3 (2) by striking out clause (ii).

4 (b) REPEAL OF CONTINGENT ALTERNATIVE DATE FOR

5 FISCAL YEAR 1998.—Section 631 of the National Defense

6 Authorization Act for Fiscal Year 1996 (Public Law 104–

7 106; 110 Stat. 364) is amended by striking out subsection

8 (b).

9 SEC. 632. ALLOTMENT OF RETIRED OR RETAINER PAY.

10 (a) AUTHORITY.—(1) Part II of subtitle A of title 10,

11 United States Code, is amended by inserting after chapter

12 71 the following new chapter:

13 ‘‘CHAPTER 72—MISCELLANEOUS RETIRED

14 AND RETAINER PAY AUTHORITIES

‘‘Sec.

‘‘1421. Allotments.

15 ‘‘§ 1421. Allotments

16 ‘‘(a) AUTHORITY.—Subject to such conditions and re17 strictions as may be provided in regulations prescribed

18 under subsection (b), a member or former member of the

19 armed forces entitled to retired or retainer pay may trans20 fer or assign the member or former member’s retired or re21 tainer pay account when due and payable.

22 ‘‘(b) REGULATIONS.—The Secretaries of the military

23 departments and the Secretary of Transportation (with re24 spect to the Coast Guard when it is not operating as a serv-
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1 ice in the Navy) shall prescribe uniform regulations for the

2 administration of subsection (a).’’.

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

4 A of such title and the beginning of part II of such subtitle

5 are amended by inserting after the item relating to chapter

6 71 the following:

‘‘72. Miscellaneous retired and retainer pay authorities .............................. 1421’’.

7 (b) IMPLEMENTATION.—(1) Notwithstanding section

8 1421 of title 10, United States Code (as added by subsection

9 (a)), a person entitled to retired or retainer pay may not

10 initiate a transfer or assignment of retired or retainer pay

11 under such section until regulations prescribed under sub12 section (b) of such section take effect.

13 (2) The Secretaries of the military departments and

14 the Secretary of Transportation shall prescribe regulations

15 under subsection (b) of such section that ensure that, begin16 ning not later than October 1, 1997, a person may make

17 up to six transfers or assignments of the person’s retired

18 or retainer pay account when due and payable for payment

19 of any financial obligations.

20 SEC. 633. COST-OF-LIVING INCREASES IN SBP CONTRIBU21 TIONS TO BE EFFECTIVE CONCURRENTLY

22 WITH PAYMENT OF RELATED RETIRED PAY

23 COST-OF-LIVING INCREASES.

24 (a) SURVIVOR BENEFIT PLAN.—Section 1452(h) of

25 title 10, United States Code, is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

2 (2) by adding at the end the following new sub3 section:

4 ‘‘(2)(A) Notwithstanding paragraph (1), when the ini5 tial payment of an increase in retired pay under section

6 1401a of this title (or any other provision of law) to a per7 son is later than the effective date of that increase by reason

8 of the application of subsection (b)(2)(B) of such section (or

9 section 631(b) of Public Law 104–106 (110 Stat. 364)),

10 then the amount of the reduction in the person’s retired pay

11 shall be effective on the date of that initial payment of the

12 increase in retired pay rather than the effective date of the

13 increase in retired pay.

14 ‘‘(B) Subparagraph (A) may not be construed as de15 laying, for purposes of determining the amount of a month16 ly annuity under section 1451 of this title, the effective date

17 of an increase in a base amount under subsection (h) of

18 such section from the effective date of an increase in retired

19 pay under section 1401a of this title to the date on which

20 the initial payment of that increase in retired pay is made

21 in accordance with subsection (b)(2)(B) of such section

22 1401a.’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect with respect to retired pay pay-
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1 able for months beginning on or after the date of the enact2 ment of this Act.

3 SEC. 634. ANNUITIES FOR CERTAIN MILITARY SURVIVING

4 SPOUSES.

5 (a) SURVIVOR ANNUITY.—(1) The Secretary concerned

6 shall pay an annuity to the qualified surviving spouse of

7 each member of the uniformed services who—

8 (A) died before March 21, 1974, and was entitled

9 to retired or retainer pay on the date of death; or

10 (B) was a member of a reserve component of the

11 Armed Forces during the period beginning on Sep12 tember 21, 1972, and ending on October 1, 1978, and

13 at the time of his death would have been entitled to

14 retired pay under chapter 67 of title 10, United

15 States Code (as in effect before December 1, 1994), but

16 for the fact that he was under 60 years of age.

17 (2) A qualified surviving spouse for purposes of this

18 section is a surviving spouse who has not remarried and

19 who is not eligible for an annuity under section 4 of Public

20 Law 92–425 (10 U.S.C. 1448 note).

21 (b) AMOUNT OF ANNUITY.—(1) An annuity under this

22 section shall be paid at the rate of $165 per month, as ad23 justed from time to time under paragraph (3).

24 (2) An annuity paid to a surviving spouse under this

25 section shall be reduced by the amount of any dependency
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1 and indemnity compensation (DIC) to which the surviving

2 spouse is entitled under section 1311(a) of title 38, United

3 States Code.

4 (3) Whenever after the date of the enactment of this

5 Act retired or retainer pay is increased under section

6 1401a(b)(2) of title 10, United States Code, each annuity

7 that is payable under this section shall be increased at the

8 same time and by the same total percent. The amount of

9 the increase shall be based on the amount of the monthly

10 annuity payable before any reduction under this section.

11 (c) APPLICATION REQUIRED.—No benefit shall be paid

12 to any person under this section unless an application for

13 such benefit is filed with the Secretary concerned by or on

14 behalf of such person.

15 (d) DEFINITIONS.—For purposes of this section:

16 (1) The terms ‘‘uniformed services’’ and ‘‘Sec17 retary concerned’’ have the meanings given such terms

18 in section 101 of title 37, United States Code.

19 (2) The term ‘‘surviving spouse’’ has the mean20 ing given the terms ‘‘widow’’ and ‘‘widower’’ in para21 graphs (3) and (4) of section 1447 of title 10, United

22 States Code.

23 (e) PROSPECTIVE APPLICABILITY.—(1) Annuities

24 under this section shall be paid for months beginning after

25 the month in which this Act is enacted.
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1 (2) No benefit shall accrue to any person by reason

2 of the enactment of this section for any period before the

3 first month referred to in paragraph (1).

4 (f) EXPIRATION OF AUTHORITY.—The authority to

5 pay annuities under this section shall expire on September

6 30, 2001.

7 SEC. 635. ADJUSTED ANNUAL INCOME LIMITATION APPLI8 CABLE TO ELIGIBILITY FOR INCOME SUPPLE9 MENT FOR CERTAIN WIDOWS OF MEMBERS OF

10 THE UNIFORMED SERVICES.

11 Section 4 of Public Law 92–425 (10 U.S.C. 1448 note)

12 is amended by striking out ‘‘$2,340’’ in subsection (a)(3)

13 and in the first sentence of subsection (b) and inserting in

14 lieu thereof ‘‘$5,448’’.

15 SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT

16 ORDER BY WAIVER OF RETIRED PAY TO EN17 HANCE CIVIL SERVICE RETIREMENT ANNU18 ITY.

19 (a) CIVIL SERVICE RETIREMENT AND DISABILITY SYS20 TEM.—

21 (1) IN GENERAL.—Subsection (c) of section 8332

22 of title 5, United States Code, is amended by adding

23 at the end the following:

24 ‘‘(4) If an employee or Member waives retired pay that

25 is subject to a court order for which there has been effective
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1 service on the Secretary concerned for purposes of section

2 1408 of title 10, the military service on which the retired

3 pay is based may be credited as service for purposes of this

4 subchapter only if, in accordance with regulations pre5 scribed by the Director of the Office of Personnel Manage6 ment, the employee or Member authorizes the Director to

7 deduct and withhold from the annuity payable to the em8 ployee or Member under this subchapter, and to pay to the

9 former spouse covered by the court order, the same amount

10 that would have been deducted and withheld from the em11 ployee’s or Member’s retired pay and paid to that former

12 spouse under such section 1408.’’.

13 (2) CONFORMING AMENDMENT.—Paragraph (1)

14 of such subsection is amended by striking ‘‘Except as

15 provided in paragraph (2)’’ and inserting ‘‘Except as

16 provided in paragraphs (2) and (4)’’.

17 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

18 (1) IN GENERAL.—Subsection (c) of section 8411

19 of title 5, United States Code, is amended by adding

20 at the end the following:

21 ‘‘(5) If an employee or Member waives retired pay that

22 is subject to a court order for which there has been effective

23 service on the Secretary concerned for purposes of section

24 1408 of title 10, the military service on which the retired

25 pay is based may be credited as service for purposes of this
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1 chapter only if, in accordance with regulations prescribed

2 by the Director of the Office of Personnel Management, the

3 employee or Member authorizes the Director to deduct and

4 withhold from the annuity payable to the employee or Mem5 ber under this subchapter, and to pay to the former spouse

6 covered by the court order, the same amount that would

7 have been deducted and withheld from the employee’s or

8 Member’s retired pay and paid to that former spouse under

9 such section 1408.’’.

10 (2) CONFORMING AMENDMENT.—Paragraph (1)

11 of such subsection is amended by striking ‘‘Except as

12 provided in paragraph (2) or (3)’’ and inserting ‘‘Ex13 cept as provided in paragraphs (2), (3), and (5)’’.

14 (c) EFFECTIVE DATE.—The amendments made by sub15 sections (a) and (b) shall take effect on January 1, 1997.

16 Subtitle E—Other Matters

17 SEC. 641. REIMBURSEMENT FOR ADOPTION EXPENSES IN18 CURRED IN ADOPTIONS THROUGH PRIVATE

19 PLACEMENTS.

20 (a) DEPARTMENT OF DEFENSE.—Section 1052(g)(1)

21 of title 10, United States Code, is amended by striking out

22 ‘‘adoption or by a nonprofit, voluntary adoption agency

23 which is authorized by State or local law to place children

24 for adoption’’ and inserting in lieu thereof ‘‘adoption, by

25 a nonprofit, voluntary adoption agency which is authorized
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1 by State or local law to place children for adoption, or by

2 any other source if the adoption is supervised by a court

3 under State or local law’’.

4 (b) COAST GUARD.—Section 514(g)(1) of title 14,

5 United States Code, is amended by striking out ‘‘adoption

6 or by a nonprofit, voluntary adoption agency which is au7 thorized by State or local law to place children for adop8 tion’’ and inserting in lieu thereof ‘‘adoption, by a non9 profit, voluntary adoption agency which is authorized by

10 State or local law to place children for adoption, or by any

11 other source if the adoption is supervised by a court under

12 State or local law’’.

13 SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS WITH14 HELD FOR TAX PURPOSES FROM CERTAIN

15 SEPARATION PAY RECEIVED BY INVOLUNTAR16 ILY SEPARATED MEMBERS AND FORMER

17 MEMBERS OF THE ARMED FORCES.

18 (a) IN GENERAL.—Section 1174(h) of title 10, United

19 States Code, is amended—

20 (1) in paragraph (1), by inserting ‘‘(less the

21 amount of Federal income tax withheld from such

22 pay)’’ before the period at the end; and

23 (2) in paragraph (2), by inserting ‘‘(less the

24 amount of Federal income tax withheld from such

25 pay)’’ before the period at the end of the first sentence.
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1 (b) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on October 1, 1996, and shall apply

3 to payments of separation pay, severance pay, or readjust4 ment pay that are made after October 1, 1996.

5 SEC. 643. PAYMENT TO VIETNAMESE COMMANDOS CAP6 TURED AND INTERNED BY NORTH VIETNAM.

7 (a) PAYMENT AUTHORIZED.—(1) The Secretary of De8 fense shall make a payment to any person who demonstrates

9 that he or she was captured and incarcerated by the Demo10 cratic Republic of Vietnam after having entered into the

11 territory of the Democratic Republic of Vietnam pursuant

12 to operations conducted under OPLAN 34A or its prede13 cessor.

14 (2) No payment may be made under this section to

15 any individual who the Secretary of Defense determines,

16 based on the available evidence, served in the Peoples Army

17 of Vietnam or who provided active assistance to the Govern18 ment of the Democratic Republic of Vietnam during the pe19 riod 1958 through 1975.

20 (3) In the case of a decedent who would have been eligi21 ble for a payment under this section if the decedent had

22 lived, the payment shall be made to survivors of the decedent

23 in the order in which the survivors are listed, as follows:

24 (A) To the surviving spouse.
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1 (B) If there is no surviving spouse, to the surviv2 ing children (including natural children and adopted

3 children) of the decedent, in equal shares.

4 (b) AMOUNT PAYABLE.—The amount payable to or

5 with respect to a person under this section is $40,000.

6 (c) TIME LIMITATIONS.—(1) In order to be eligible for

7 payment under this section, the claimant must file his or

8 her claim with the Secretary of Defense within 18 months

9 of the effective date of the regulations implementing this sec10 tion.

11 (2) Not later than 18 months after the Secretary re12 ceives a claim for payment under this section—

13 (A) the claimant’s eligibility for payment of the

14 claim under subsection (a) shall be determined; and

15 (B) if the claimant is determined eligible, the

16 claim shall be paid.

17 (d) DETERMINATION AND PAYMENT OF CLAIMS.—(1)

18 SUBMISSION AND DETERMINATION OF CLAIMS.—The Sec19 retary of Defense shall establish by regulation procedures

20 whereby individuals may submit claims for payment under

21 this section. Such regulations shall be issued within 6

22 months of the date of enactment of this Act.

23 (2) PAYMENT OF CLAIMS.—The Secretary of Defense,

24 in consultation with the other affected agencies, may estab25 lish guidelines for determining what constitutes adequate
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1 documentation that an individual was captured and incar2 cerated by the Democratic Republic of Vietnam after having

3 entered the territory of the Democratic Republic of Vietnam

4 pursuant to operations conducted under OPLAN 34A or its

5 predecessor.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the

7 total amount authorized to be appropriated under section

8 301, $20,000,000 is available for payments under this sec9 tion. Notwithstanding section 301, that amount is author10 ized to be appropriated so as to remain available until ex11 pended.

12 (f) PAYMENT IN FULL SATISFACTION OF CLAIMS

13 AGAINST THE UNITED STATES.—The acceptance of pay14 ment by an individual under this section shall be in full

15 satisfaction of all claims by or on behalf of that individual

16 against the United States arising from operations under

17 OPLAN 34A or its predecessor.

18 (g) ATTORNEY FEES.—Notwithstanding any contract,

19 the representative of an individual may not receive, for

20 services rendered in connection with the claim of an indi21 vidual under this section, more than ten percent of a pay22 ment made under this section on such claim.

23 (h) NO RIGHT TO JUDICIAL REVIEW.—All determina24 tions by the Secretary of Defense pursuant to this section

25 are final and conclusive, notwithstanding any other provi-
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1 sion of law. Claimants under this program have no right

2 to judicial review, and such review is specifically precluded.

3 (i) REPORTS.—(1) No later than 24 months after the

4 enactment of this Act, the Secretary of Defense shall submit

5 a report to the Congress on the payment of claims pursuant

6 to this section.

7 (2) No later than 42 months after the enactment of

8 this Act, the Secretary of Defense shall submit a final report

9 to the Congress on the payment of claims pursuant to this

10 section.

11 TITLE VII—HEALTH CARE

12 PROVISIONS

13 Subtitle A—General

14 SEC. 701. IMPLEMENTATION OF REQUIREMENT FOR SE15 LECTED RESERVE DENTAL INSURANCE PLAN.

16 (a) IMPLEMENTATION BY CONTRACT.—Section

17 1076b(a) of title 10, United States Code, is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY TO

19 ESTABLISH PLAN.—’’;

20 (2) by designating the third sentence as para21 graph (3); and

22 (3) by inserting after paragraph (1), as des23 ignated by paragraph (1) of this subsection, the fol24 lowing:
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1 ‘‘(2) The Secretary shall provide benefits under the

2 plan through one or more contracts awarded after full and

3 open competition.’’.

4 (b) SCHEDULE FOR IMPLEMENTATION.—Section

5 705(b) of the National Defense Authorization Act for Fiscal

6 Year 1996 (Public Law 104–106; 110 Stat. 373; 10 U.S.C.

7 1076b note) is amended—

8 (1) by striking out ‘‘Beginning not later than

9 October 1, 1996’’ in the first sentence and inserting

10 in lieu thereof ‘‘During fiscal year 1997’’;

11 (2) by striking out ‘‘fiscal year 1996’’ both places

12 it appears and inserting in lieu thereof ‘‘fiscal years

13 1996 and 1997’’; and

14 (3) in the second sentence, by striking out ‘‘by

15 that date’’ and inserting in lieu thereof ‘‘during fiscal

16 year 1997’’.

17 SEC. 702. DENTAL INSURANCE PLAN FOR MILITARY RETIR18 EES AND CERTAIN DEPENDENTS.

19 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

20 States Code, is amended by inserting after section 1076b

21 the following new section:

22 ‘‘§ 1076c. Military retirees’ dental insurance plan

23 ‘‘(a) REQUIREMENT.—(1) The Secretary of Defense

24 shall establish a dental insurance plan for—
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1 ‘‘(A) members and former members of the armed

2 forces who are entitled to retired or retainer pay;

3 ‘‘(B) members of the Retired Reserve who, except

4 for not having attained 60 years of age, would be en5 titled to retired pay; and

6 ‘‘(C) eligible dependents of members and former

7 members covered by the enrollment of such members

8 or former members in the plan.

9 ‘‘(2) The dental insurance plan shall provide for vol10 untary enrollment of participants and shall authorize a

11 member or former member to enroll for self only or for self

12 and eligible dependents.

13 ‘‘(3) The plan shall be administered under regulations

14 prescribed by the Secretary of Defense, in consultation with

15 the Secretary of Transportation.

16 ‘‘(b) PREMIUMS.—(1) Subject to paragraph (2), a

17 member or former member enrolled in the dental insurance

18 plan shall pay the premiums charged for the insurance cov19 erage. The amount of the premiums payable by a member

20 or former member entitled to retired or retainer pay shall

21 be deducted and withheld from the retired or retainer pay

22 and shall be disbursed to pay the premiums. The regula23 tions prescribed under subsection (a)(3) shall specify the

24 procedures for payment of the premiums by other enrolled

25 members and former members.
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1 ‘‘(2) The Secretary of Defense may provide for pre2 mium-sharing between the Department of Defense and the

3 members and former members enrolled in the plan.

4 ‘‘(c) BENEFITS AVAILABLE UNDER PLAN.—The dental

5 insurance plan established under subsection (a) shall pro6 vide benefits for basic dental care and treatment, including

7 diagnostic services, preventative services, basic restorative

8 services (including endodontics), surgical services, and

9 emergency services.

10 ‘‘(d) COVERAGE.—(1) The Secretary shall prescribe a

11 minimum required period for enrollment by a member or

12 former member in the dental insurance plan established

13 under subsection (a).

14 ‘‘(2) The Secretary shall terminate the enrollment in

15 the plan of any member or former member, and any de16 pendents covered by the enrollment, upon the occurrence of

17 one of the following events:

18 ‘‘(A) Termination of the member or former mem19 ber’s entitlement to retired pay or retainer pay.

20 ‘‘(B) Termination of the member or former mem21 ber’s status as a member of the Retired Reserve.

22 ‘‘(e) CONTINUATION OF DEPENDENTS’ ENROLLMENT

23 UPON DEATH OF ENROLLEE.—Coverage of a dependent

24 under an enrollment of a member or former member who

25 dies during the period of enrollment shall continue until
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1 the end of that period, except that the coverage may be ter2 minated on any earlier date when the premiums paid are

3 no longer sufficient to cover continuation of the enrollment.

4 The Secretary shall prescribe in regulations the parties re5 sponsible for paying the remaining premiums due on the

6 enrollment and the manner for collection of the premiums.

7 ‘‘(f) ELIGIBLE DEPENDENT DEFINED.—In this sec8 tion, the term ‘eligible dependent’ means a dependent de9 scribed in subparagraph (A), (D), or (I) of section 1072(2)

10 of this title.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by inserting after the item relating to section

13 1076b the following new item:

‘‘1076c. Military retirees’ dental insurance plan.’’.

14 (b) IMPLEMENTATION.—Beginning not later than Oc15 tober 1, 1997, the Secretary of Defense shall offer members

16 and former members of the Armed Forces referred to in sub17 section (a)(1) of section 1076c of title 10, United States

18 Code (as added by subsection (a)(1) of this section), the op19 portunity to enroll in the dental insurance plan required

20 under such section and to receive the benefits under the plan

21 immediately upon enrollment.

22 SEC. 703. UNIFORM COMPOSITE HEALTH CARE SYSTEM

23 SOFTWARE.

24 (a) REQUIREMENT FOR USE OF UNIFORM SOFT25 WARE.—The Secretary of Defense, in consultation with the
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1 other administering Secretaries, shall take such action as

2 is necessary promptly—

3 (1) to provide a uniform software package for

4 use by providers of health care under the TRICARE

5 program and by military treatment facilities for the

6 computerized processing of information; and

7 (2) to require such providers to use the uniform

8 software package in connection with providing health

9 care under the TRICARE program or otherwise

10 under chapter 55 of title 10, United States Code.

11 (b) CONTENT OF UNIFORM SOFTWARE PACKAGE.—The

12 uniform software package required to be used under sub13 section (a) shall, at a minimum, provide for processing of

14 the following information:

15 (1) TRICARE program enrollment.

16 (2) Determinations of eligibility for health care.

17 (3) Provider network information.

18 (4) Eligibility of beneficiaries to receive health

19 benefits from other sources.

20 (5) Appointment scheduling.

21 (c) MODIFICATION OF CONTRACTS.—Notwithstanding

22 any other provision of law, the Secretary may modify any

23 existing contract with a health care provider under the

24 TRICARE program as necessary to require the health care
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1 provider to use the uniform software package required

2 under subsection (a).

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘administering Secretaries’’ has the

5 meaning given such term in section 1072(3) of title

6 10, United States Code.

7 (2) The term ‘‘military treatment facility’’—

8 (A) means a facility of the uniformed serv9 ices in which health care is provided under chap10 ter 55 of title 10, United States Codes; and

11 (B) includes a facility deemed to be a facil12 ity of the uniformed services by virtue of section

13 911(a) of the Military Construction Authoriza14 tion Act, 1982 (42 U.S.C. 248c(a)).

15 (3) The term ‘‘TRICARE program’’ means the

16 managed health care program that is established by

17 the Secretary of Defense under the authority of chap18 ter 55 of title 10, United States Code, principally sec19 tion 1097 of such title, and includes the competitive

20 selection of contractors to financially underwrite the

21 delivery of health care services under the Civilian

22 Health and Medical Program of the Uniformed Serv23 ices.
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1 SEC. 704. ENHANCEMENT OF THIRD-PARTY COLLECTION

2 AND SECONDARY PAYER AUTHORITIES

3 UNDER CHAMPUS.

4 (a) RETENTION AND USE BY TREATMENT FACILITIES

5 OF AMOUNTS COLLECTED.—Subsection (g)(1) of section

6 1095 of title 10, United States Code, is amended by insert7 ing ‘‘or through’’ after ‘‘provided at’’.

8 (b) EXPANSION OF DEFINITION OF THIRD PARTY

9 PAYER.—Subsection (h) of such section is amended—

10 (1) in the first sentence of paragraph (1), by in11 serting ‘‘and a workers’ compensation program or

12 plan’’ before the period; and

13 (2) in paragraph (2)—

14 (A) by striking out ‘‘organization and’’ and

15 inserting in lieu thereof a ‘‘organization,’’; and

16 (B) by inserting ‘‘, and a personal injury

17 protection plan or medical payments benefit

18 plan for personal injuries resulting from the op19 eration of a motor vehicle’’ before the period.

20 (c) APPLICABILITY OF SECONDARY PAYER REQUIRE21 MENT.—Section 1079(j)(1) of such title is amended by in22 serting ‘‘, including any plan offered by a third party payer

23 (as defined in section 1095(h)(1) of this title),’’ after ‘‘or

24 health plan’’.
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1 SEC. 705. CODIFICATION OF AUTHORITY TO CREDIT

2 CHAMPUS COLLECTIONS TO PROGRAM AC3 COUNTS.

4 (a) CREDITS TO CHAMPUS ACCOUNTS.—Chapter 55

5 of title 10, United States Code, is amended by inserting

6 after section 1079 the following:

7 ‘‘§ 1079a. Crediting of CHAMPUS collections to pro8 gram accounts

9 ‘‘All refunds and other amounts collected by or for the

10 United States in the administration of the Civilian Health

11 and Medical Program of the Uniformed Services

12 (CHAMPUS) shall be credited to the appropriation avail13 able for that program for the fiscal year in which col14 lected.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of such chapter is amended by inserting after

17 the item relating to section 1079 the following new item:

‘‘1079a. Crediting of CHAMPUS collections to program accounts.’’.

18 SEC. 706. COMPTROLLER GENERAL REVIEW OF HEALTH

19 CARE ACTIVITIES OF THE DEPARTMENT OF

20 DEFENSE RELATING TO PERSIAN GULF ILL21 NESSES.

22 (a) MEDICAL RESEARCH AND CLINICAL CARE PRO23 GRAMS.—The Comptroller General shall analyze the effec24 tiveness of the medical research programs and clinical care

25 programs of the Department of Defense that relate to ill-
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1 nesses that might have been contracted by members of the

2 Armed Forces as a result of service in the Southwest Asia

3 theater of operations during the Persian Gulf War.

4 (b) EXPERIMENTAL DRUGS.—The Comptroller General

5 shall analyze the scope and effectiveness of the policies of

6 the Department of Defense with respect to the investiga7 tional use of drugs, the experimental use of drugs, and the

8 use of drugs not approved by the Food and Drug Adminis9 tration to treat illnesses referred to in subsection (a).

10 (c) ADMINISTRATION OF MEDICAL RECORDS.—The

11 Comptroller General shall analyze the administration of

12 medical records by the military departments in order to as13 sess the extent to which such records accurately reflect the

14 pre-deployment medical assessments, immunization records,

15 informed consent releases, complaints during routine sick

16 call, emergency room visits, visits with unit medics during

17 deployment, and other relevant medical information relat18 ing to the members and former members referred to in sub19 section (a) with respect to the illnesses referred to in that

20 subsection.

21 (d) REPORTS.—The Comptroller General shall submit

22 to Congress a separate report on each of the analyses re23 quired under subsections (a), (b), and (c). The Comptroller

24 General shall submit the reports not later than March 1,

25 1997.
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1 SEC. 707. RESTORATION OF PREVIOUS POLICY REGARDING

2 RESTRICTIONS ON USE OF DEPARTMENT OF

3 DEFENSE MEDICAL FACILITIES.

4 Section 1093 of title 10, United States Code, is amend5 ed—

6 (1) by striking out subsection (b); and

7 (2) in subsection (a), by striking out ‘‘(a) RE8 STRICTION ON USE OF FUNDS.—’’.

9 SEC. 708. PLANS FOR MEDICARE SUBVENTION DEMONSTRA10 TION PROGRAMS.

11 (a) PROGRAM FOR ENROLLMENT IN TRICARE MAN12 AGED CARE OPTION.—(1) Not later than September 6,

13 1996, the Secretary of Defense and the Secretary of Health

14 and Human Services shall jointly submit to Congress and

15 the President a report that sets forth a specific plan and

16 the Secretaries’ recommendations regarding the establish17 ment of a demonstration program under which—

18 (A) military retirees who are eligible for medi19 care are permitted to enroll in the managed care op20 tion of the Tricare program; and

21 (B) the Secretary of Health and Human Services

22 reimburses the Secretary of Defense from the medicare

23 program on a capitated basis for the costs of provid24 ing health care services to military retirees who en25 roll.

26 (2) The report shall include the following:
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1 (A) The number of military retirees projected to

2 participate in the demonstration program and the

3 minimum number of such participants necessary to

4 conduct the demonstration program effectively.

5 (B) A plan for notifying military retirees of

6 their eligibility for enrollment in the demonstration

7 program and for any other matters connected with

8 enrollment.

9 (C) A recommendation for the duration of the

10 demonstration program.

11 (D) A recommendation for the geographic regions

12 in which the demonstration program should be con13 ducted.

14 (E) The appropriate level of capitated reim15 bursement, and a schedule for such reimbursement,

16 from the medicare program to the Department of De17 fense for health care services provided enrollees in the

18 demonstration program.

19 (F) An estimate of the amounts to be allocated

20 by the Department for the provision of health care

21 services to military retirees eligible for medicare in

22 the regions in which the demonstration program is

23 proposed to be conducted in the absence of the pro24 gram and an assessment of revisions to such alloca-
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1 tion that would result from the conduct of the pro2 gram.

3 (G) An estimate of the cost to the Department

4 and to the medicare program of providing health care

5 services to medicare eligible military retirees who en6 roll in the demonstration program.

7 (H) An assessment of the likelihood of cost shift8 ing among the Department and the medicare program

9 under the demonstration program.

10 (I) A proposal for mechanisms for reconciling

11 and reimbursing any improper payments among the

12 Department and the medicare program under the

13 demonstration program.

14 (J) A methodology for evaluating the demonstra15 tion program, including cost analyses.

16 (K) As assessment of the extent to which the

17 Tricare program is prepared to meet requirements of

18 the medicare program for purposes of the demonstra19 tion program and the provisions of law or regulation

20 that would have to be waived in order to facilitate the

21 carrying out of the demonstration program.

22 (L) An assessment of the impact of the dem23 onstration program on military readiness.

24 (M) Contingency plans for the provision of

25 health care services under the demonstration program
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1 in the event of the mobilization of health care person2 nel.

3 (N) A recommendation of the reports that the

4 Department and the Department of Health and

5 Human Services should submit to Congress describing

6 the conduct of the demonstration program.

7 (b) FEASABILITY STUDY FOR PROGRAM FOR ENROLL8 MENT IN TRICARE FEE-FOR-SERVICE OPTION.—Not later

9 than January 3, 1997, the Secretary of Defense and the Sec10 retary of Health and Human Services shall jointly submit

11 to Congress and the President a report on the feasibility

12 and advisability of expanding the demonstration program

13 referred to in subsection (a) so as to provide the Department

14 with reimbursement from the medicare program on a fee15 for-service basis for health care services provided medicare16 eligible military retirees who enroll in the demonstration

17 program. The report shall include a proposal for the expan18 sion of the program if the expansion is determined to be

19 advisable.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the

21 amounts authorized to be appropriated in section 301,

22 $75,000,000 shall be made available to carry out the dem23 onstration program referred to in subsection (a) if Congress

24 authorizes the program by the end of the Second Session

25 of the One Hundred Fourth Congress.
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1 SEC. 709. RESEARCH AND BENEFITS RELATING TO GULF

2 WAR SERVICE.

3 (a) RESEARCH.—(1) The Secretary of Defense shall,

4 by contract, grant, or other transaction, provide for sci5 entific research to be carried out by entities independent

6 of the Federal Government on possible causal relationships

7 between the complex of illnesses and symptoms commonly

8 known as ‘‘Gulf War syndrome’’ and the possible exposures

9 of members of the Armed Forces to chemical warfare agents

10 or other hazardous materials during Gulf War service.

11 (2) The Secretary shall prescribe the procedures for

12 making awards under paragraph (1). The procedures

13 shall—

14 (A) include a comprehensive, independent peer15 review process for the evaluation of proposals for sci16 entific research that are submitted to the Department

17 of Defense; and

18 (B) provide for the final selection of proposals

19 for award to be based on the scientific merit and pro20 gram relevance of the proposed research.

21 (3) Of the amount authorized to be appropriated under

22 section 301(19), $10,000,000 is available for research under

23 paragraph (1).

24 (b) HEALTH CARE BENEFITS FOR AFFLICTED CHIL25 DREN OF GULF WAR VETERANS.—(1) Under regulations

26 prescribed by the Secretary of Defense, any child of a Gulf
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1 War veteran who has been born after August 2, 1990, and

2 has a congenital defect or catastrophic illness not excluded

3 from coverage under paragraph (2) is eligible for medical

4 and dental care under chapter 55 of title 10, United States

5 Code, for the congenital defect or catastrophic illness, and

6 associated conditions, of the child.

7 (2) The administering Secretaries may exclude from

8 coverage under this subsection—

9 (A) any congenital defect or catastrophic illness

10 that, as determined by the Secretary of Defense to a

11 reasonable degree of scientific certainty on the basis

12 of scientific research, is not a defect or catastrophic

13 illness that can result in a child from an exposure of

14 a parent of the child to a chemical warfare agent or

15 other hazardous material to which members of the

16 Armed Forces might have been exposed during Gulf

17 War service; and

18 (B) a particular congenital defect or catastrophic

19 illness (and any associated condition) of a particular

20 child if the onset of the defect or illness is determined

21 to have preceded any possible exposure of the parent

22 or parents of the child to a chemical warfare agent

23 or other hazardous material during Gulf War service.

24 (3) No fee, deductible, or copayment requirement may

25 be imposed or enforced for medical or dental care provided
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1 under chapter 55 of title 10, United States Code, in the

2 case of a child who is eligible for such care under this sub3 section (even if the child would otherwise be subject to such

4 a requirement on the basis of any eligibility for such care

5 that the child also has under any provision of law other

6 than this subsection).

7 (c) DEFINITIONS.—(1) In this section:

8 (A) The term ‘‘Gulf War veteran’’ means a vet9 eran of Gulf War service.

10 (B) The term ‘‘Gulf War service’’ means service

11 on active duty as a member of the Armed Forces in

12 the Southwest Asia theater of operations during the

13 Persian Gulf War.

14 (C) The term ‘‘Persian Gulf War’’ has the mean15 ing given that term in section 101(33) of title 38,

16 United States Code.

17 (D) The term ‘‘administering Secretaries’’ has

18 the meaning given that term in section 1072(3) of

19 title 10, United States Code.

20 (E) The term ‘‘child’’ means a natural child.

21 (2) The Secretary of Defense shall prescribe in regula22 tions a definition of the terms ‘‘congenital defect’’ and ‘‘cat23 astrophic illness’’ for the purposes of this section.
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1 SEC. 710. PREVENTIVE HEALTH CARE SCREENING FOR

2 COLON AND PROSTATE CANCER.

3 (a) MEMBERS AND FORMER MEMBERS.—(1) Section

4 1074d of title 10, United States Code, is amended—

5 (A) in subsection (a)—

6 (i) by inserting ‘‘(1)’’ before ‘‘Female’’; and

7 (ii) by adding at the end the following new

8 paragraph:

9 ‘‘(2) Male members and former members of the uni10 formed services entitled to medical care under section 1074

11 or 1074a of this title shall also be entitled to preventive

12 health care screening for colon or prostate cancer at such

13 intervals and using such screening methods as the admin14 istering Secretaries consider appropriate.’’; and

15 (B) in subsection (b), by adding at the end the

16 following new paragraph:

17 ‘‘(8) Colon cancer screening, at the intervals and

18 using the screening methods prescribed under sub19 section (a)(2).’’.

20 (2)(A) The heading of such section is amended to read

21 as follows:

22 ‘‘§ 1074d. Primary and preventive health care services

23 (B) The item relating to such section in the table of

24 sections at the beginning of chapter 55 of such title is

25 amended to read as follows:

‘‘1074d. Primary and preventive health care services.’’.
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1 (b) DEPENDENTS.—(1) Section 1077(a) of such title

2 is amended by adding at the end the following new para3 graph:

4 ‘‘(14) Preventive health care screening for colon

5 or prostate cancer, at the intervals and using the

6 screening methods prescribed under section

7 1074d(a)(2) of this title.’’.

8 (2) Section 1079(a)(2) of such title is amended—

9 (A) in the matter preceding subparagraph (A),

10 by inserting ‘‘the schedule and method of colon and

11 prostate cancer screenings,’’ after ‘‘pap smears and

12 mammograms,’’; and

13 (B) in subparagraph (B), by inserting ‘‘or colon

14 and prostate cancer screenings’’ after ‘‘pap smears

15 and mammograms’’.

16 Subtitle B—Uniformed Services

17 Treatment Facilities

18 SEC. 721. DEFINITIONS.

19 In this subtitle:

20 (1) The term ‘‘administering Secretaries’’ means

21 the Secretary of Defense, the Secretary of Transpor22 tation, and the Secretary of Health and Human Serv23 ices.
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1 (2) The term ‘‘agreement’’ means the agreement

2 required under section 722(b) between the Secretary of

3 Defense and a designated provider.

4 (3) The term ‘‘capitation payment’’ means an

5 actuarially sound payment for a defined set of health

6 care services that is established on a per enrollee per

7 month basis.

8 (4) The term ‘‘covered beneficiary’’ means a ben9 eficiary under chapter 55 of title 10, United States

10 Code, other than a beneficiary under section 1074(a)

11 of such title.

12 (5) The term ‘‘designated provider’’ means a

13 public or nonprofit private entity that was a trans14 feree of a Public Health Service hospital or other sta15 tion under section 987 of the Omnibus Budget Rec16 onciliation Act of 1981 (Public Law 97–35; 95 Stat.

17 603) and that, before the date of the enactment of this

18 Act, was deemed to be a facility of the uniformed

19 services for the purposes of chapter 55 of title 10,

20 United States Code. The term includes any legal suc21 cessor in interest of the transferee.

22 (6) The term ‘‘enrollee’’ means a covered bene23 ficiary who enrolls with a designated provider.

24 (7) The term ‘‘health care services’’ means the

25 health care services provided under the health plan
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1 known as the TRICARE PRIME option under the

2 TRICARE program.

3 (8) The term ‘‘Secretary’’ means the Secretary of

4 Defense.

5 (9) The term ‘‘TRICARE program’’ means the

6 managed health care program that is established by

7 the Secretary of Defense under the authority of chap8 ter 55 of title 10, United States Code, principally sec9 tion 1097 of such title, and includes the competitive

10 selection of contractors to financially underwrite the

11 delivery of health care services under the Civilian

12 Health and Medical Program of the Uniformed Serv13 ices.

14 SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNI15 FORMED SERVICES HEALTH CARE DELIVERY

16 SYSTEM.

17 (a) INCLUSION IN SYSTEM.—The health care delivery

18 system of the uniformed services shall include the designated

19 providers.

20 (b) AGREEMENTS TO PROVIDE MANAGED HEALTH

21 CARE SERVICES.—(1) After consultation with the other ad22 ministering Secretaries, the Secretary of Defense shall nego23 tiate and enter into an agreement with each designated pro24 vider, under which the designated provider will provide
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1 managed health care services to covered beneficiaries who

2 enroll with the designated provider.

3 (2) The agreement shall be entered into on a sole source

4 basis. The Federal Acquisition Regulation, except for those

5 requirements regarding competition, issued pursuant to sec6 tion 25(c) of the Office of Federal Procurement Policy Act

7 (41 U.S.C. 421(c)) shall apply to the agreements as acquisi8 tions of commercial items.

9 (3) The implementation of an agreement is subject to

10 availability of funds for such purpose.

11 (c) EFFECTIVE DATE OF AGREEMENTS.—(1) Unless

12 an earlier effective date is agreed upon by the Secretary

13 and the designated provider, the agreement shall take effect

14 upon the later of the following:

15 (A) The date on which a managed care support

16 contract under the TRICARE program is imple17 mented in the service area of the designated provider.

18 (B) October 1, 1997.

19 (2) Notwithstanding paragraph (1), the designated

20 provider whose service area includes Seattle, Washington,

21 shall implement its agreement as soon as the agreement per22 mits.

23 (d) TEMPORARY CONTINUATION OF EXISTING PARTICI24 PATION AGREEMENTS.—The Secretary shall extend the par25 ticipation agreement of a designated provider in effect im-
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1 mediately before the date of the enactment of this Act under

2 section 718(c) of the National Defense Authorization Act for

3 Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1587)

4 until the agreement required by this section takes effect

5 under subsection (c).

6 (e) SERVICE AREA.—The Secretary may not reduce the

7 size of the service area of a designated provider below the

8 size of the service area in effect as of September 30, 1996.

9 (f) COMPLIANCE WITH ADMINISTRATIVE REQUIRE10 MENTS.—(1) Unless otherwise agreed upon by the Secretary

11 and a designated provider, the designated provider shall

12 comply with necessary and appropriate administrative re13 quirements established by the Secretary for other providers

14 of health care services and requirements established by the

15 Secretary of Health and Human Services for risk-sharing

16 contractors under section 1876 of the Social Security Act

17 (42 U.S.C. 1395mm). The Secretary and the designated

18 provider shall determine and apply only such administra19 tive requirements as are minimally necessary and appro20 priate. A designated provider shall not be required to com21 ply with a law or regulation of a State government requir22 ing licensure as a health insurer or health maintenance or23 ganization.

24 (2) A designated provider may not contract out more

25 than five percent of its primary care enrollment without
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1 the approval of the Secretary, except in the case of primary

2 care contracts between a designated provider and a primary

3 care contractor in force on the date of the enactment of this

4 Act.

5 SEC. 723. PROVISION OF UNIFORM BENEFIT BY DES6 IGNATED PROVIDERS.

7 (a) UNIFORM BENEFIT REQUIRED.—A designated pro8 vider shall offer to enrollees the health benefit option pre9 scribed and implemented by the Secretary under section 731

10 of the National Defense Authorization Act for Fiscal Year

11 1994 (Public Law 103–160; 10 U.S.C. 1073 note), includ12 ing accompanying cost-sharing requirements.

13 (b) TIME FOR IMPLEMENTATION OF BENEFIT.—A des14 ignated provider shall offer the health benefit option de15 scribed in subsection (a) to enrollees upon the later of the

16 following:

17 (1) The date on which health care services within

18 the health care delivery system of the uniformed serv19 ices are rendered through the TRICARE program in

20 the region in which the designated provider operates.

21 (2) October 1, 1996.

22 (c) ADJUSTMENTS.—The Secretary may establish a

23 later date under subsection (b)(2) or prescribe reduced cost24 sharing requirements for enrollees.
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1 SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.

2 (a) FISCAL YEAR 1997 LIMITATION.—(1) During fis3 cal year 1997, the number of covered beneficiaries who are

4 enrolled in managed care plans offered by designated pro5 viders may not exceed the number of such enrollees as of

6 October 1, 1995.

7 (2) The Secretary may waive the limitation under

8 paragraph (1) if the Secretary determines that additional

9 enrollment authority for a designated provider is required

10 to accommodate covered beneficiaries who are dependents

11 of members of the uniformed services entitled to health care

12 under section 1074(a) of title 10, United States Code.

13 (b) PERMANENT LIMITATION.—For each fiscal year

14 after fiscal year 1997, the number of enrollees in managed

15 care plans offered by designated providers may not exceed

16 110 percent of the number of such enrollees as of the first

17 day of the immediately preceding fiscal year. The Secretary

18 may waive this limitation as provided in subsection (a)(2).

19 (c) RETENTION OF CURRENT ENROLLEES.—An en20 rollee in the managed care program of a designated pro21 vider as of September 30, 1997, or such earlier date as the

22 designated provider and the Secretary may agree upon,

23 shall continue receiving services from the designated pro24 vider pursuant to the agreement entered into under section

25 722 unless the enrollee disenrolls from the designated pro26 vider. Except as provided in subsection (e), the administer-
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1 ing Secretaries may not disenroll such an enrollee unless

2 the disenrollment is agreed to by the Secretary and the des3 ignated provider.

4 (d) ADDITIONAL ENROLLMENT AUTHORITY.—Other

5 covered beneficiaries may also receive health care services

6 from a designated provider, except that the designated pro7 vider may market such services to, and enroll, only those

8 covered beneficiaries who—

9 (1) do not have other primary health insurance

10 coverage (other than medicare coverage) covering

11 basic primary care and inpatient and outpatient

12 services; or

13 (2) are enrolled in the direct care system under

14 the TRICARE program, regardless of whether the cov15 ered beneficiaries were users of the health care deliv16 ery system of the uniformed services in prior years.

17 (e) SPECIAL RULE FOR MEDICARE-ELIGIBLE BENE18 FICIARIES.—If a covered beneficiary who desires to enroll

19 in the managed care program of a designated provider is

20 also entitled to hospital insurance benefits under part A

21 of title XVIII of the Social Security Act (42 U.S.C. 1395c

22 et seq.), the covered beneficiary shall elect whether to receive

23 health care services as an enrollee or under part A of title

24 XVIII of the Social Security Act. The Secretary may

25 disenroll an enrollee who subsequently violates the election
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1 made under this subsection and receives benefits under part

2 A of title XVIII of the Social Security Act.

3 (f) INFORMATION REGARDING ELIGIBLE COVERED

4 BENEFICIARIES.—The Secretary shall provide, in a timely

5 manner, a designated provider with an accurate list of cov6 ered beneficiaries within the marketing area of the des7 ignated provider to whom the designated provider may offer

8 enrollment.

9 SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.

10 (a) APPLICATION OF PAYMENT RULES.—Subject to

11 subsection (b), the Secretary shall require a private facility

12 or health care provider that is a health care provider under

13 the Civilian Health and Medical Program of the Uniformed

14 Services to apply the payment rules described in section

15 1074(c) of title 10, United States Code, in imposing charges

16 for health care that the private facility or provider provides

17 to enrollees of a designated provider.

18 (b) AUTHORIZED ADJUSTMENTS.—The payment rules

19 imposed under subsection (a) shall be subject to such modi20 fications as the Secretary considers appropriate. The Sec21 retary may authorize a lower rate than the maximum rate

22 that would otherwise apply under subsection (a) if the lower

23 rate is agreed to by the designated provider and the private

24 facility or health care provider.
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1 (c) REGULATIONS.—The Secretary shall prescribe reg2 ulations to implement this section after consultation with

3 the other administering Secretaries.

4 (d) CONFORMING AMENDMENT.—Section 1074 of title

5 10, United States Code, is amended by striking out sub6 section (d).

7 SEC. 726. PAYMENTS FOR SERVICES.

8 (a) FORM OF PAYMENT.—Unless otherwise agreed to

9 by the Secretary and a designated provider, the form of

10 payment for services provided by a designated provider

11 shall be full risk capitation. The capitation payments shall

12 be negotiated and agreed upon by the Secretary and the

13 designated provider. In addition to such other factors as

14 the parties may agree to apply, the capitation payments

15 shall be based on the utilization experience of enrollees and

16 competitive market rates for equivalent health care services

17 for a comparable population to such enrollees in the area

18 in which the designated provider is located.

19 (b) LIMITATION ON TOTAL PAYMENTS.—Total capita20 tion payments to a designated provider shall not exceed an

21 amount equal to the cost that would have been incurred by

22 the Government if the enrollees had received their care

23 through a military treatment facility, the TRICARE pro24 gram, or the medicare program, as the case may be.
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1 (c) ESTABLISHMENT OF PAYMENT RATES ON ANNUAL

2 BASIS.—The Secretary and a designated provider shall es3 tablish capitation payments on an annual basis, subject to

4 periodic review for actuarial soundness and to adjustment

5 for any adverse or favorable selection reasonably antici6 pated to result from the design of the program.

7 (d) ALTERNATIVE BASIS FOR CALCULATING PAY8 MENTS.—After September 30, 1999, the Secretary and a

9 designated provider may mutually agree upon a new basis

10 for calculating capitation payments.

11 SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.

12 (a) REPEALS.—The following provisions of law are re13 pealed:

14 (1) Section 911 of the Military Construction Au15 thorization Act, 1982 (42 U.S.C. 248c).

16 (2) Section 1252 of the Department of Defense

17 Authorization Act, 1984 (42 U.S.C. 248d).

18 (3) Section 718(c) of the National Defense Au19 thorization Act for Fiscal year 1991 (Public Law

20 101–510; 42 U.S.C. 248c note).

21 (4) Section 726 of the National Defense Author22 ization Act for Fiscal Year 1996 (Public Law 104–

23 106; 42 U.S.C. 248c note).

24 (b) EFFECTIVE DATE.—The amendments made by this

25 section shall take effect on October 1, 1997.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PRO6 GRAMS.

7 (a) FUNDING.—Of the amount authorized to be appro8 priated under section 301(5), $12,000,000 shall be available

9 for carrying out the provisions of chapter 142 of title 10,

10 United States Code.

11 (b) SPECIFIC PROGRAMS.—Of the amounts made

12 available pursuant to subsection (a), $600,000 shall be

13 available for fiscal year 1997 for the purpose of carrying

14 out programs sponsored by eligible entities referred to in

15 subparagraph (D) of section 2411(1) of title 10, United

16 States Code, that provide procurement technical assistance

17 in distressed areas referred to in subparagraph (B) of sec18 tion 2411(2) of such title. If there is an insufficient number

19 of satisfactory proposals for cooperative agreements in such

20 distressed areas to allow effective use of the funds made

21 available in accordance with this subsection in such areas,

22 the funds shall be allocated among the Defense Contract Ad23 ministration Services regions in accordance with section

24 2415 of such title.
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1 SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PRO2 GRAM.

3 Section 831(j) of the National Defense Authorization

4 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend5 ed—

6 (1) in paragraph (1), by striking out ‘‘1995’’

7 and inserting in lieu thereof ‘‘1998’’; and

8 (2) in paragraph (2), by striking out ‘‘1996’’

9 and inserting in lieu thereof ‘‘1999’’.

10 SEC. 803. MODIFICATION OF AUTHORITY TO CARRY OUT

11 CERTAIN PROTOTYPE PROJECTS.

12 (a) AUTHORIZED OFFICIALS.—(1) Subsection (a) of

13 section 845 of the National Defense Authorization Act for

14 Fiscal Year 1994 (107 Stat. 1547; 10 U.S.C. 2371 note)

15 is amended by inserting ‘‘, the Secretary of a military de16 partment, or any other official designated by the Secretary

17 of Defense’’ after ‘‘Agency’’.

18 (2) Subsection (b)(2) of such section is amended to

19 read as follows:

20 ‘‘(2) To the maximum extent practicable, competitive

21 procedures shall be used when entering into agreements to

22 carry out projects under subsection (a).’’.

23 (b) EXTENSION OF AUTHORITY.—Subsection (c) of

24 such section is amended by striking out ‘‘terminate’’ and

25 all that follows and inserting in lieu thereof ‘‘terminate at

26 the end of September 30, 2001.’’.
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1 SEC. 804. REVISIONS TO THE PROGRAM FOR THE ASSESS2 MENT OF THE NATIONAL DEFENSE TECH3 NOLOGY AND INDUSTRIAL BASE.

4 (a) NATIONAL DEFENSE PROGRAM FOR ANALYSIS OF

5 THE TECHNOLOGY AND INDUSTRIAL BASE.—Section 2503

6 of title 10, United States Code, is amended—

7 (1) in subsection (a)—

8 (A) by striking out ‘‘(1) The Secretary of

9 Defense, in consultation with the National De10 fense Technology and Industrial Base Council’’

11 in paragraph (1) and inserting in lieu thereof

12 ‘‘The Secretary of Defense, in consultation with

13 the Secretary of Commerce’’; and

14 (B) by striking out paragraphs (2), (3), and

15 (4); and

16 (2) in subsection (c)(3)(A)—

17 (A) by striking out ‘‘the National Defense

18 Technology and Industrial Base Council in’’ and

19 inserting in lieu thereof ‘‘the Secretary of De20 fense for’’; and

21 (B) by striking out ‘‘and the periodic plans

22 required by section 2506 of this title’’.

23 (b) PERIODIC DEFENSE CAPABILITY ASSESSMENTS.—

24 (1) Section 2505 of title 10, United States Code, is amended

25 to read as follows:
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1 ‘‘§ 2505. National technology and industrial base:

2 periodic defense capability assessments

3 ‘‘(a) PERIODIC ASSESSMENT.—Each fiscal year, the

4 Secretary of Defense shall prepare selected assessments of

5 the capability of the national technology and industrial

6 base to attain the national security objectives set forth in

7 section 2501(a) of this title.

8 ‘‘(b) ASSESSMENT PROCESS.—The Secretary of De9 fense shall ensure that technology and industrial capability

10 assessments—

11 ‘‘(1) describe sectors or capabilities, their under12 lying infrastructure and processes;

13 ‘‘(2) analyze present and projected financial per14 formance of industries supporting the sectors or capa15 bilities in the assessment; and

16 ‘‘(3) identify technological and industrial capa17 bilities and processes for which there is potential for

18 the national industrial and technology base not to be

19 able to support the achievement of national security

20 objectives.

21 ‘‘(c) FOREIGN DEPENDENCY CONSIDERATIONS.—In

22 the preparation of the periodic assessments, the Secretary

23 shall include considerations of foreign dependency.

24 ‘‘(d) INTEGRATED PROCESS.—The Secretary of De25 fense shall ensure that consideration of the technology and

26 industrial base assessments is integrated into the overall
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1 budget, acquisition, and logistics support decision processes

2 of the Department of Defense.’’.

3 (2) Section 2502(b) of title 10, United States Code, is

4 amended—

5 (A) by striking out ‘‘the following responsibil6 ities:’’ and all that follows through ‘‘effective coopera7 tion’’ and inserting in lieu thereof ‘‘the responsibility

8 to ensure effective cooperation’’; and

9 (B) by striking out paragraph (2); and

10 (3) by redesignating subparagraphs (A), (B),

11 and (C) as paragraphs (1), (2), and (3), respectively,

12 and adjusting the margin of such paragraphs two ems

13 to the left.

14 (c) REPEAL OF REQUIREMENT FOR PERIODIC DE15 FENSE CAPABILITY PLAN.—Section 2506 of title 10, United

16 States Code, is repealed.

17 (d) DEPARTMENT OF DEFENSE TECHNOLOGY AND IN18 DUSTRIAL BASE POLICY GUIDANCE.—Subchapter II of

19 chapter 148 of title 10, United States Code, is amended by

20 inserting after section 2505 the following new section 2506:

21 ‘‘§ 2506. Department of Defense technology and indus22 trial base policy guidance

23 ‘‘(a) DEPARTMENTAL GUIDANCE.—The Secretary of

24 Defense shall prescribe departmental guidance for the at25 tainment of each of the national security objectives set forth
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1 in section 2501(a) of this title. Such guidance shall provide

2 for technological and industrial capability considerations

3 to be integrated into the budget allocation, weapons acquisi4 tion, and logistics support decision processes.

5 ‘‘(b) REPORT TO CONGRESS.—The Secretary of De6 fense shall report on the implementation of the depart7 mental guidance in the annual report to Congress submitted

8 pursuant to section 2508 of this title.’’.

9 (e) ANNUAL REPORT TO CONGRESS.—Such subchapter

10 is amended by inserting after section 2507 the following

11 new section:

12 ‘‘§ 2508. Annual report to Congress

13 ‘‘The Secretary of Defense shall transmit to the Com14 mittee on Armed Services of the Senate and the Committee

15 on National Security of the House of Representatives by

16 March 1 of each year a report which shall include the fol17 lowing information:

18 ‘‘(1) A description of the departmental guidance

19 prepared pursuant to section 2506 of this title.

20 ‘‘(2) A description of the methods and analyses

21 being undertaken by the Department of Defense alone

22 or in cooperation with other Federal agencies, to

23 identify and address concerns regarding technological

24 and industrial capabilities of the national technology

25 and industrial base.
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1 ‘‘(3) A description of the assessments prepared

2 pursuant to section 2505 of this title and other analy3 ses used in developing the budget submission of the

4 Department of Defense for the next fiscal year.

5 ‘‘(4) Identification of each program designed to

6 sustain specific essential technological and industrial

7 capabilities and processes of the national technology

8 and industrial base.’’.

9 (f) REPEAL OF REQUIREMENT TO COORDINATE THE

10 ENCOURAGEMENT OF TECHNOLOGY TRANSFER WITH THE

11 COUNCIL.—Subsection 2514(c) of title 10, United States

12 Code, is amended by striking out paragraph (5).

13 (g) CLERICAL AMENDMENTS.—The table of sections at

14 the beginning of subchapter II of chapter 148 of title 10,

15 United States Code, is amended—

16 (1) by striking out the item relating to section

17 2506 and inserting in lieu thereof the following:

‘‘2506. Department of Defense technology and industrial base policy guidance.’’;

18 and

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

‘‘2508. Annual report to Congress.’’.

20 (h) REPEAL OF SUPERSEDED AND EXECUTED LAW.—

21 Sections 4218, 4219, and 4220 of the National Defense Au22 thorization Act for Fiscal Year 1993 (Public Law 102–484;

23 10 U.S.C. 2505 note and 2506 note) are repealed.
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1 SEC. 805. PROCUREMENTS TO BE MADE FROM SMALL ARMS

2 INDUSTRIAL BASE FIRMS.

3 (a) REQUIREMENT.—Chapter 146 of title 10, United

4 States Code, is amended by adding at the end the following:

5 ‘‘§ 2473. Procurements from the small arms industrial

6 base

7 ‘‘(a) AUTHORITY TO DESIGNATE EXCLUSIVE

8 SOURCES.—To the extent that the Secretary of Defense de9 termines necessary to preserve the part of the national tech10 nology and industrial base that supplies property and serv11 ices described in subsection (b), the Secretary may require

12 that the procurements of such items for the Department of

13 Defense be made only from the firms listed in the plan enti14 tled ‘Preservation of Critical Elements of the Small Arms

15 Industrial Base’, dated January 8, 1994, that was prepared

16 by an independent assessment panel of the Army Science

17 Board.

18 ‘‘(b) COVERED ITEMS.—The authority provided in

19 subsection (a) applies to the following property and serv20 ices:

21 ‘‘(1) Repair parts for small arms.

22 ‘‘(2) Modifications of parts to improve small

23 arms used by the armed forces.

24 ‘‘(3) Overhaul of unserviceable small arms of the

25 armed forces.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following:

‘‘2473. Procurements from the small arms industrial base.’’.

4 SEC. 806. EXCEPTION TO PROHIBITION ON PROCUREMENT

5 OF FOREIGN GOODS.

6 Section 2534(d)(3) of title 10, United States Code, is

7 amended by inserting ‘‘or would impede the reciprocal pro8 curement of defense items under a memorandum of under9 standing providing for reciprocal procurement of defense

10 items that is entered into under section 2531 of this title,’’

11 after ‘‘a foreign country,’’.

12 SEC. 807. TREATMENT OF DEPARTMENT OF DEFENSE

13 CABLE TELEVISION FRANCHISE AGREE14 MENTS.

15 (a) TREATMENT AS CONTRACT FOR TELECOMMUNI16 CATIONS SERVICES.—Subject to subsection (b), a cable tele17 vision franchise agreement for the Department of Defense

18 shall be considered a contract for telecommunications serv19 ices for purposes of part 49 of the Federal Acquisition Regu20 lation.

21 (b) LIMITATION.—The treatment of a cable television

22 franchise agreement as a contract for telecommunications

23 services shall be subject to such terms, conditions, limita24 tions, restrictions, and requirements relating to the power

25 of the executive branch to treat such an agreement as such
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1 a contract as are identified in the advisory opinion re2 quired under section 823 of the National Defense Authoriza3 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

4 Stat. 399).

5 (c) APPLICABILITY.—This section applies to cable tele6 vision franchise agreements for the Department of Defense

7 only if the United States Court of Federal Claims states

8 in an advisory opinion referred to in subsection (b) that

9 it is within the power of the executive branch to treat cable

10 television franchise agreements for the construction, instal11 lation, or capital improvement of cable television systems

12 at military installations of the Department of Defense as

13 contracts under part 49 of the Federal Acquisition Regula14 tion without violating title VI of the Communications Act

15 of 1934 (47 U.S.C. 521 et seq.).

16 SEC. 808. REMEDIES FOR REPRISALS AGAINST CONTRAC17 TOR EMPLOYEE WHISTLEBLOWERS.

18 Section 2409(c)(1) of title 10, United States Code, is

19 amended by striking out subparagraph (B) and inserting

20 in lieu thereof the following:

21 ‘‘(B) Order the contractor either—

22 ‘‘(i) to reinstate the person to the position

23 that the person held before the reprisal, together

24 with the compensation (including back pay), em25 ployment benefits, and other terms and condi-
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1 tions of employment that would apply to the per2 son in that position if the reprisal had not been

3 taken; or

4 ‘‘(ii) without reinstating the person, to pay

5 the person an amount equal to the compensation

6 (including back pay) that, if the reprisal had not

7 been taken, would have been paid the person in

8 that position up to the date on which the head

9 of the agency determines that the person has been

10 subjected to a reprisal prohibited under sub11 section (a).’’.

12 SEC. 809. IMPLEMENTATION OF INFORMATION TECH13 NOLOGY MANAGEMENT REFORM.

14 (a) REPORT.—(1) The Secretary of Defense shall in15 clude in the report submitted in 1997 under section 381

16 of Public Law 103–337 (108 Stat. 2739) a discussion of

17 the following matters relating to information resources

18 management by the Federal Government:

19 (A) The progress made in implementing the In20 formation Technology Management Reform Act of

21 1996 (division E of Public Law 104–106; 110 Stat.

22 679; 40 U.S.C. 1401 et seq.) and the amendments

23 made by that Act.

24 (B) The progress made in implementing the

25 strategy for the development or modernization of
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1 automated information systems for the Department of

2 Defense, as required by section 366 of Public Law

3 104–106 (110 Stat 275; 10 U.S.C. 113 note).

4 (C) Plans of the Department of Defense for estab5 lishing an integrated framework for management of

6 information resources within the department.

7 (2) The discussion of matters under paragraph (1)

8 shall specifically include a discussion of the following:

9 (A) The status of the implementation of a set of

10 strategic, outcome-oriented performance measures.

11 (B) The specific actions being taken to link the

12 proposed performance measures to the planning, pro13 gramming, and budgeting system of the Department

14 of Defense and to the life-cycle management processes

15 of the department.

16 (C) The results of pilot program testing of pro17 posed performance measures.

18 (D) The additional training necessary for the

19 implementation of performance-based information

20 management.

21 (E) Plans for integrating management improve22 ment programs of the Department of Defense.

23 (F) The department-wide actions that are nec24 essary to comply with the requirements of the follow25 ing provisions of law:
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1 (i) The amendments made by the Govern2 ment Performance and Results Act of 1993 (Pub3 lic Law 103–62; 107 Stat. 285).

4 (ii) The Information Management Reform

5 Act of 1996 (division E of Public Law 104–106;

6 110 Stat 679; 40 U.S.C. 1401 et seq.) and the

7 amendments made by that Act.

8 (iii) Title V of the Federal Acquisition

9 Management Streamlining Act of 1994 (Public

10 Law 103–355; 108 Stat. 3349) and the amend11 ments made by that title.

12 (iv) The Chief Financial Officers Act of

13 1990 (Public Law 101–576; 104 Stat. 2838) and

14 the amendments made by that Act.

15 (G) A strategic information resources plan for

16 the Department of Defense that is based on the strat17 egy of the Secretary of Defense for support of the de18 partment’s overall strategic goals by the core and sup19 porting processes of the department.

20 (b) YEAR 2000 SOFTWARE CONVERSION.—(1) The Sec21 retary of Defense shall ensure that all information tech22 nology acquired by the Department of Defense pursuant to

23 contracts entered into after September 30, 1996, have the

24 capabilities that comply with time and date standards es25 tablished by the National Institute of Standards and Tech-
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1 nology or, if there is no such standard, generally accepted

2 industry standards for providing fault-free processing of

3 date and date-related data in 2000.

4 (2) The Secretary, acting through the chief information

5 officers within the department (as designated pursuant to

6 section 3506 of title 44, United States Code), shall assess

7 all information technology within the Department of De8 fense to determine the extent to which such technology have

9 the capabilities to operate effectively with technology that

10 meet the standards referred to in paragraph (1).

11 (3) Not later than January 1, 1997, the Secretary shall

12 submit to Congress a detailed plan for eliminating any defi13 ciencies identified pursuant to paragraph (2). The plan

14 shall include—

15 (A) a prioritized list of all affected programs;

16 (B) a description of how the deficiencies could

17 affect the national security of the United States; and

18 (C) an estimate of the resources that are nec19 essary to eliminate the deficiencies.

20 SEC. 810. RESEARCH UNDER TRANSACTIONS OTHER THAN

21 CONTRACTS AND GRANTS.

22 (a) CONDITIONS FOR USE OF AUTHORITY.—Sub23 section (e) of section 2371 of title 10, United States Code,

24 is amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B);

3 (2) by inserting ‘‘and’’ after the semicolon at the

4 end of subparagraph (A), as so redesignated;

5 (3) by striking out ‘‘; and’’ at the end of sub6 paragraph (B), as so redesignated, and inserting in

7 lieu thereof a period;

8 (4) by inserting ‘‘(1)’’ after ‘‘(e) CONDITIONS.—

9 ’’; and

10 (5) by striking out paragraph (3) and inserting

11 in lieu thereof the following:

12 ‘‘(2) A cooperative agreement containing a clause

13 under subsection (d) or a transaction authorized under sub14 section (a) may be used for a research project when the use

15 of a standard contract, grant, or cooperative agreement for

16 such project is not feasible or appropriate.’’.

17 (b) REVISED REQUIREMENT FOR ANNUAL REPORT.—

18 Section 2371 of such title is amended by striking out sub19 section (h) and inserting in lieu thereof the following:

20 ‘‘(h) ANNUAL REPORT.—(1) Not later than 90 days

21 after the end of each fiscal year, the Secretary of Defense

22 shall submit to the Committee on Armed Services of the

23 Senate and the Committee on National Security of the

24 House of Representatives a report on Department of Defense

25 use during such fiscal year of—
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1 ‘‘(A) cooperative agreements authorized under

2 section 2358 of this title that contain a clause under

3 subsection (d); and

4 ‘‘(B) transactions authorized under subsection

5 (a).

6 ‘‘(2) The report shall include, with respect to the coop7 erative agreements and other transactions covered by the

8 report, the following:

9 ‘‘(A) The technology areas in which research

10 projects were conducted under such agreements or

11 other transactions.

12 ‘‘(B) The extent of the cost-sharing among Fed13 eral Government and non-Federal sources.

14 ‘‘(C) The extent to which the use of the coopera15 tive agreements and other transactions—

16 ‘‘(i) has contributed to a broadening of the

17 technology and industrial base available for

18 meeting Department of Defense needs; and

19 ‘‘(ii) has fostered within the technology and

20 industrial base new relationships and practices

21 that support the national security of the United

22 States.

23 ‘‘(D) The total amount of payments, if any, that

24 were received by the Federal Government during the

25 fiscal year covered by the report pursuant to a clause
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1 described in subsection (d) that was included in the

2 cooperative agreements and transactions, and the

3 amount of such payments, if any, that were credited

4 to each account established under subsection (f).’’.

5 (c) PROTECTION OF CERTAIN INFORMATION FROM

6 DISCLOSURE.—Such section, as amended by subsection (b),

7 is further amended by inserting after subsection (h) the fol8 lowing:

9 ‘‘(i) PROTECTION OF CERTAIN INFORMATION FROM

10 DISCLOSURE.—(1) Disclosure of information described in

11 paragraph (2) is not required, and may not be compelled,

12 under section 552 of title 5 for five years after the date on

13 which the information is received by the Department of De14 fense.

15 ‘‘(2) Paragraph (1) applies to the following informa16 tion in the records of the Department of Defense if the infor17 mation was submitted to the department in a competitive

18 or noncompetitive process having the potential for resulting

19 in an award, to the submitters, of a cooperative agreement

20 that includes a clause described in subsection (d) or other

21 transaction authorized under subsection (a):

22 ‘‘(A) Proposals, proposal abstracts, and support23 ing documents.

24 ‘‘(B) Business plans submitted on a confidential

25 basis.
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1 ‘‘(C) Technical information submitted on a con2 fidential basis.’’.

3 (d) DIVISION OF SECTION INTO DISTINCT PROVISIONS

4 BY SUBJECT MATTER.—(1) Chapter 139 of title 10, United

5 States Code, is amended—

6 (A) by inserting before the last subsection of sec7 tion 2371 (relating to cooperative research and devel8 opment agreements under the Stevenson-Wydler Tech9 nology Innovation Act of 1980) the following:

10 ‘‘§ 2371a. Cooperative research and development

11 agreements under Stevenson-Wydler Tech12 nology Innovation Act of 1980’’;

13 (B) by striking out ‘‘(i) COOPERATIVE RE14 SEARCH AND DEVELOPMENT AGREEMENTS UNDER

15 STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT

16 OF 1980.—’’; and

17 (C) in the table of sections at the beginning of

18 such chapter, by inserting after the item relating to

19 section 2371 the following:

‘‘2371a. Cooperative research and development agreements under StevensonWydler Technology Innovation Act of 1980.’’.

20 (2) Section 2358(d) of such title is amended by strik21 ing out ‘‘section 2371’’ and inserting in lieu thereof ‘‘sec22 tions 2371 and 2371a’’.
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1 SEC. 811. REPORTING REQUIREMENT UNDER DEMONSTRA2 TION PROJECT FOR PURCHASE OF FIRE, SE3 CURITY, POLICE, PUBLIC WORKS, AND UTIL4 ITY SERVICES FROM LOCAL GOVERNMENT

5 AGENCIES.

6 Section 816(b) of the National Defense Authorization

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

8 2820) is amended by striking out ‘‘1996’’ and inserting in

9 lieu thereof ‘‘1998’’.

10 SEC. 812. TEST PROGRAMS FOR MODERNIZATION11 THROUGH-SPARES.

12 Not later than 60 days after the date of enactment of

13 this Act, the Secretary of the Army shall report to the Com14 mittee on Armed Services of the Senate and the Committee

15 on National Security of the House of Representatives on

16 the steps he has taken to ensure that each program included

17 in the Army’s modernization-through-spares program is

18 conducted in accordance with—

19 (1) the competition requirements in section 2304

20 of title 10;

21 (2) the core logistics requirements in section

22 2464 of title 10;

23 (3) the public-private competition requirements

24 in section 2469 of title 10; and

25 (4) requirements relating to contract bundling

26 and spare parts breakout in sections 15(a) and 15(l)
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1 of the Small Business Act (15 U.S.C. 644) and imple2 menting regulations in the Defense FAR Supplement.

3 SEC. 813. PILOT PROGRAM FOR TRANSFER OF DEFENSE

4 TECHNOLOGY INFORMATION TO PRIVATE IN5 DUSTRY.

6 (a) PROGRAM REQUIRED.—The Secretary of Defense

7 shall carry out a pilot program to demonstrate online

8 transfers of information on defense technologies to busi9 nesses in the private sector through an interactive data net10 work involving Small Business Development Centers of in11 stitutions of higher education.

12 (b) COMPUTERIZED DATA BASE OF DEFENSE TECH13 NOLOGIES.—(1) Under the pilot program, the Secretary

14 shall enter into an agreement with the head of an eligible

15 institution of higher education that provides for such insti16 tution—

17 (A) to develop and maintain a computerized

18 data base of information on defense technologies;

19 (B) to make such information available online

20 to—

21 (i) businesses; and

22 (ii) other institutions of higher education

23 entering into partnerships with the Secretary

24 under subsection (c).
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1 (2) The online accessibility may be established by

2 means of any of, or any combination of, the following:

3 (A) Digital teleconferencing.

4 (B) International Signal Digital Network

5 lines.

6 (C) Direct modem hookup.

7 (c) PARTNERSHIP NETWORK.—Under the pilot pro8 gram, the Secretary shall seek to enter into agreements with

9 the heads of several eligible institutions of higher education

10 having strong business education programs to provide for

11 the institutions of higher education entering into such

12 agreements—

13 (1) to establish interactive computer links with

14 the data base developed and maintained under sub15 section (b); and

16 (2) to assist the Secretary in making informa17 tion on defense technologies available online to the

18 broadest practicable number, types, and sizes of busi19 nesses.

20 (d) ELIGIBLE INSTITUTIONS.—For the purposes of this

21 section, an institution of higher education is eligible to

22 enter into an agreement under subsection (b) or (c) if the

23 institution has a Small Business Development Center.

24 (e) DEFENSE TECHNOLOGIES COVERED.—(1) The Sec25 retary shall designate the technologies to be covered by the
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1 pilot program from among the existing and experimental

2 technologies that the Secretary determines—

3 (A) are useful in meeting Department of Defense

4 needs; and

5 (B) should be made available under the pilot

6 program to facilitate the satisfaction of such needs by

7 private sector sources.

8 (2) Technologies covered by the program should include

9 technologies useful for defense purposes that can also be used

10 for nondefense purposes (without or without modification).

11 (f) DEFINITIONS.—In this section:

12 (1) The term ‘‘Small Business Development Cen13 ter’’ means a small business development center estab14 lished pursuant to section 21 of the Small Business

15 Act (15 U.S.C. 648).

16 (2) The term ‘‘defense technology’’ means a tech17 nology designated by the Secretary of Defense under

18 subsection (d).

19 (3) The term ‘‘partnership’’ means an agreement

20 entered into under subsection (c).

21 (g) TERMINATION OF PILOT PROGRAM.—The pilot

22 program shall terminate one year after the Secretary enters

23 into an agreement under subsection (b).

24 (h) AUTHORIZATION OF APPROPRIATIONS.—Of the

25 amount authorized to be appropriated under section 201(4)
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1 for university research initiatives, $3,000,000 is available

2 for the pilot program.

3 TITLE IX—DEPARTMENT OF DE4 FENSE ORGANIZATION AND

5 MANAGEMENT

6 Subtitle A—General Matters

7 SEC. 901. REPEAL OF REORGANIZATION OF OFFICE OF SEC8 RETARY OF DEFENSE.

9 Sections 901 and 903 of the National Defense Author10 ization Act for Fiscal Year 1996 (Public Law 104–106; 110

11 Stat. 399 and 401) are repealed.

12 SEC. 902. CODIFICATION OF REQUIREMENTS RELATING TO

13 CONTINUED OPERATION OF THE UNIFORMED

14 SERVICES UNIVERSITY OF THE HEALTH

15 SCIENCES.

16 (a) CODIFICATION OF EXISTING LAW.—(1) Chapter

17 104 of title 10, United States Code, is amended by inserting

18 after section 2112 the following:

19 ‘‘§ 2112a. Continued operation of University

20 ‘‘(a) CLOSURE PROHIBITED.—The University may not

21 be closed.

22 ‘‘(b) PERSONNEL STRENGTH.—During the five-year

23 period beginning on October 1, 1996, the personnel staffing

24 levels for the University may not be reduced below the per-
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1 sonnel staffing levels for the University on October 1,

2 1993.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by inserting after the item relating to section

5 2112 the following:

‘‘2112a. Continued operation of University.’’.

6 (b) REPEAL OF SUPERSEDED LAW.—(1) Section 922

7 of the National Defense Authorization Act for Fiscal Year

8 1995 (Public Law 103–337; 108 Stat. 282; 10 U.S.C. 2112

9 note) is amended by striking out subsection (a).

10 (2) Section 1071 of the National Defense Authorization

11 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

12 445; 10 U.S.C. 2112 note) is amended by striking out sub13 section (b).

14 SEC. 903. CODIFICATION OF REQUIREMENT FOR UNITED

15 STATES ARMY RESERVE COMMAND.

16 (a) REQUIREMENT FOR ARMY RESERVE COMMAND.—

17 (1) Chapter 307 of title 10, United States Code, is amended

18 by inserting after section 3074 the following:

19 ‘‘§ 3074a. United States Army Reserve Command

20 ‘‘(a) COMMAND.—The United States Army Reserve

21 Command is a separate command of the Army commanded

22 by the Chief of Army Reserve.

23 ‘‘(b) CHAIN OF COMMAND.—Except as otherwise pre24 scribed by the Secretary of Defense, the Secretary of the
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1 Army shall prescribe the chain of command for the United

2 States Army Reserve Command.

3 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

4 Army—

5 ‘‘(1) shall assign to the United States Army Re6 serve Command all forces of the Army Reserve in the

7 continental United States other than forces assigned

8 to the unified combatant command for special oper9 ations forces established pursuant to section 167 of

10 this title; and

11 ‘‘(2) except as otherwise directed by the Secretary

12 of Defense in the case of forces assigned to carry out

13 functions of the Secretary of the Army specified in

14 section 3013 of this title, shall assign all such forces

15 of the Army Reserve to the commander of the United

16 States Atlantic Command.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by inserting after the item relating to section

19 3074 the following:

‘‘3074a. United States Army Reserve Command.’’.

20 (b) REPEAL OF SUPERSEDED LAW.—Section 903 of

21 the National Defense Authorization Act for Fiscal Year

22 1991 (Public Law 101–510; 104 Stat. 1620; 10 U.S.C. 3074

23 note) is repealed.
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1 SEC. 904. TRANSFER OF AUTHORITY TO CONTROL TRANS2 PORTATION SYSTEMS IN TIME OF WAR.

3 (a) AUTHORITY OF SECRETARY OF DEFENSE.—Sec4 tion 4742 of title 10, United States Code, is amended by

5 striking out ‘‘Secretary of the Army’’ and inserting in lieu

6 thereof ‘‘Secretary of Defense’’.

7 (b) TRANSFER OF SECTION.—Such section, as amend8 ed by subsection (a), is transferred to the end of chapter

9 157 of such title and is redesignated as section 2644.

10 (c) CONFORMING AMENDMENT.—Section 9742 of such

11 title is repealed.

12 (d) CLERICAL AMENDMENTS.—(1) The table of sections

13 at the beginning of chapter 157 of such title is amended

14 by inserting after the item relating to section 2643 the fol15 lowing new item:

‘‘2644. Control of transportation systems in time of war.’’.

16 (2) The table of sections at the beginning of chapter

17 447 of such title is amended by striking out the item relat18 ing to section 4742.

19 (3) The table of sections at the beginning of chapter

20 947 of such title is amended by striking out the item relat21 ing to section 9742.
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1 SEC. 905. REDESIGNATION OF OFFICE OF NAVAL RECORDS

2 AND HISTORY FUND AND CORRECTION OF

3 RELATED REFERENCES.

4 (a) NAME OF FUND.—Subsection (a) of section 7222

5 of title 10, United States Code, is amended by striking out

6 ‘‘ ‘Office of Naval Records and History Fund’ ’’ in the sec7 ond sentence and inserting in lieu thereof ‘‘ ‘Naval Histori8 cal Center Fund’ ’’.

9 (b) CORRECTION OF REFERENCE TO ADMINISTERING

10 OFFICE.—Subsection (a) of such section, as amended by

11 subsection (a), is further amended by striking out ‘‘Office

12 of Naval Records and History’’ in the first sentence and

13 inserting in lieu thereof ‘‘Naval Historical Center’’.

14 (c) CONFORMING REFERENCE.—Subsection (c) of such

15 section is amended by striking out ‘‘Office of Naval Records

16 and History Fund’’ in the second sentence and inserting

17 in lieu thereof ‘‘Naval Historical Center Fund’’.

18 (d) CLERICAL AMENDMENTS.—(1) The heading of such

19 section is amended to read as follows:

20 ‘‘§ 7222. Naval Historical Center Fund’’.

21 (2) The item relating to such section in the table of

22 sections at the beginning of chapter 631 of title 10, United

23 States Code, is amended to read as follows:

‘‘7222. Naval Historical Center Fund.’’.
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1 SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE

2 IN APPOINTMENT AND EVALUATION OF CER3 TAIN INTELLIGENCE OFFICIALS.

4 (a) IN GENERAL.—Section 201 of title 10, United

5 States Code, is amended to read as follows:

6 ‘‘§ 201. Certain intelligence officials: consultation and

7 concurrence regarding appointments;

8 evaluation of performance

9 ‘‘(a) CONSULTATION REGARDING APPOINTMENT.—Be10 fore submitting a recommendation to the President regard11 ing the appointment of an individual to the position of Di12 rector of the Defense Intelligence Agency, the Secretary of

13 Defense shall consult with the Director of Central Intel14 ligence regarding the recommendation.

15 ‘‘(b) CONCURRENCE IN APPOINTMENT.—Before submit16 ting a recommendation to the President regarding the ap17 pointment of an individual to a position referred to in

18 paragraph (2), the Secretary of Defense shall seek the con19 currence of the Director of Central Intelligence in the rec20 ommendation. If the Director does not concur in the rec21 ommendation, the Secretary may make the recommendation

22 to the President without the Director’s concurrence, but

23 shall include in the recommendation a statement that the

24 Director does not concur in the recommendation.

25 ‘‘(2) Paragraph (1) applies to the following positions:
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1 ‘‘(A) The Director of the National Security Agen2 cy.

3 ‘‘(B) The Director of the National Reconnais4 sance Office.

5 ‘‘(c) PERFORMANCE EVALUATIONS.—(1) The Director

6 of Central Intelligence shall provide annually to the Sec7 retary of Defense, for the Secretary’s consideration, an eval8 uation of the performance of the individuals holding the po9 sitions referred to in paragraph (2) in fulfilling their re10 spective responsibilities with regard to the National Foreign

11 Intelligence Program.

12 ‘‘(2) The positions referred to in paragraph (1) are

13 the following:

14 ‘‘(A) The Director of the National Security Agen15 cy.

16 ‘‘(B) The Director of the National Reconnais17 sance Office.

18 ‘‘(C) The Director of the National Imagery and

19 Mapping Agency.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of subchapter II of chapter 8 of such title

22 is amended by striking out the item relating to section 201

23 and inserting in lieu thereof the following new item:

‘‘201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance.’’.
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1 SEC. 907. MATTERS TO BE CONSIDERED IN NEXT ASSESS2 MENT OF CURRENT MISSIONS, RESPONSIBIL3 ITIES, AND FORCE STRUCTURE OF THE UNI4 FIED COMBATANT COMMANDS.

5 The Chairman of the Joint Chiefs of Staff shall con6 sider, as part of the next periodic review of the missions,

7 responsibilities, and force structure of the unified combatant

8 commands under section 161(b) of title 10, United States

9 Code, the following matters:

10 (1) For each Area of Responsibility of the re11 gional unified combatant commands—

12 (A) the foremost threats to United States or

13 allied security in the near- and long-term;

14 (B) the total area of ocean and total area

15 of land encompassed; and

16 (C) the number of countries and total popu17 lation encompassed.

18 (2) Whether any one Area of Responsibility en19 compasses a disproportionately high or low share of

20 threats, mission requirements, land or ocean area,

21 number of countries, or population.

22 (3) The other factors used to establish the current

23 Areas of Responsibility.

24 (4) Whether any of the factors addressed under

25 paragraph (3) account for any apparent imbalances

26 indicated in the response to paragraph (2).
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1 (5) Whether, in light of recent reductions in the

2 overall force structure of the Armed Forces, the United

3 States could better execute its warfighting plans with

4 fewer unified combatant commands, including—

5 (A) a total of five or fewer commands, all

6 of which are regional;

7 (B) an eastward-oriented command, a west8 ward-oriented command, and a central com9 mand; or

10 (C) a purely functional command structure,

11 involving (for example) a first theater command,

12 a second theater command, a logistics command,

13 a special contingencies command, and a strate14 gic command.

15 (6) Whether any missions, staff, facilities, equip16 ment, training programs, or other assets or activities

17 of the unified combatant commands are redundant.

18 (7) Whether warfighting requirements are ade19 quate to justify the current functional commands.

20 (8) Whether the exclusion of Russia from a spe21 cific Area of Responsibility presents any difficulties

22 for the unified combatant commands with respect to

23 contingency planning for that area and its periphery.

24 (9) Whether the current geographic boundary be25 tween the Central Command and the European Com-
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1 mand through the Middle East could create command

2 conflicts in the context of fighting a major regional

3 conflict in the Middle East.

4 SEC. 908. ACTIONS TO LIMIT ADVERSE EFFECTS OF ESTAB5 LISHMENT OF NATIONAL MISSILE DEFENSE

6 JOINT PROGRAM OFFICE ON PRIVATE SEC7 TOR EMPLOYMENT.

8 The Director of the Ballistic Missile Defense Organiza9 tion shall take such actions as are necessary in connection

10 with the establishment of the National Missile Defense Joint

11 Program Office to ensure that the establishment of that of12 fice does not make it necessary for a Federal Government

13 contractor to reduce the number of persons employed by the

14 contractor for supporting the national missile defense devel15 opment program at any particular location outside the Na16 tional Capital Region (as defined in section 2674(f)(2) of

17 title 10, United States Code).

18 Subtitle B—National Imagery and

19 Mapping Agency

20 SEC. 911. SHORT TITLE.

21 This subtitle may be cited as the ‘‘National Imagery

22 and Mapping Agency Act of 1996’’.

23 SEC. 912. FINDINGS.

24 Congress makes the following findings:
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1 (1) There is a need within the Department of

2 Defense and the Intelligence Community of the United

3 States to provide a single agency focus for the grow4 ing number and diverse types of customers for im5 agery and geospatial information resources within the

6 Government, to ensure visibility and accountability

7 for those resources, and to harness, leverage, and focus

8 rapid technological developments to serve the imagery,

9 imagery intelligence, and geospatial information cus10 tomers.

11 (2) There is a need for a single Government

12 agency to solicit and advocate the needs of that grow13 ing and diverse pool of customers.

14 (3) A single combat support agency dedicated to

15 imagery, imagery intelligence, and geospatial infor16 mation could act as a focal point for support of all

17 imagery intelligence and geospatial information cus18 tomers, including customers in the Department of De19 fense, the Intelligence Community, and related agen20 cies outside of the Department of Defense.

21 (4) Such an agency would best serve the needs of

22 the imagery, imagery intelligence, and geospatial in23 formation customers if it were organized—

24 (A) to carry out its mission responsibilities

25 under the authority, direction, and control of the
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1 Secretary of Defense, with the advice of the

2 Chairman of the Joint Chiefs of Staff; and

3 (B) to carry out its responsibilities to na4 tional intelligence customers in accordance with

5 policies and priorities established by the Director

6 of Central Intelligence.

7 PART I—ESTABLISHMENT

8 SEC. 921. ESTABLISHMENT, MISSIONS, AND AUTHORITY.

9 (a) ESTABLISHMENT IN TITLE 10, UNITED STATES

10 CODE.—Part I of subtitle A of title 10, United States Code,

11 is amended—

12 (1) by redesignating chapter 22 as chapter 23;

13 and

14 (2) by inserting after chapter 21 the following

15 new chapter 22:

16 ‘‘CHAPTER 22—NATIONAL IMAGERY AND

17 MAPPING AGENCY

‘‘Subchapter Sec.

‘‘I. Establishment, Missions, and Authority .................................................. 441

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

‘‘III. Personnel Management ........................................................................... 461

‘‘IV. Definitions ................................................................................................ 471

18 ‘‘SUBCHAPTER I—ESTABLISHMENT, MISSIONS,

19 AND AUTHORITY

‘‘Sec.

‘‘441. Establishment.

‘‘442. Missions.

‘‘443. Imagery intelligence and geospatial information support for foreign countries

‘‘444. Support from Central Intelligence Agency.

‘‘445. Protection of agency identifications and organizational information.
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1 ‘‘§ 441. Establishment

2 ‘‘(a) ESTABLISHMENT.—The National Imagery and

3 Mapping Agency is a combat support agency of the Depart4 ment of Defense and has significant national missions.

5 ‘‘(b) DIRECTOR.—(1) The Director of the National Im6 agery and Mapping Agency is the head of the agency. The

7 President shall appoint the Director.

8 ‘‘(2)(A) Upon a vacancy in the position of Director,

9 the Secretary of Defense shall recommend to the President

10 an individual for appointment to the position.

11 ‘‘(B) The Secretary shall seek the concurrence of the

12 Director of Central Intelligence in recommending an indi13 vidual for appointment under subparagraph (A). If the Di14 rector does not concur in the recommendation, the Secretary

15 may make the recommendation to the President without the

16 Director’s concurrence, but shall include in the rec17 ommendation a statement that the Director does not concur

18 in the recommendation.

19 ‘‘(3) If an officer of the armed forces is appointed to

20 the position of Director under this subsection, the position

21 is a position of importance and responsibility for purposes

22 of section 601 of this title and carries the grade of lieutenant

23 general, or, in the case of an officer of the Navy, vice admi24 ral.

25 ‘‘(c) COLLECTION TASKING AUTHORITY.—The Director

26 of Central Intelligence shall have authority to approve col-
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1 lection requirements, determine collection priorities, and re2 solve conflicts in collection priorities levied on national im3 agery collection assets, except as otherwise agreed by the Di4 rector and the Secretary of Defense pursuant to the direc5 tion of the President.

6 ‘‘§ 442. Missions

7 ‘‘(a) DEPARTMENT OF DEFENSE MISSIONS.—The Na8 tional Imagery and Mapping Agency shall—

9 ‘‘(1) provide timely, relevant, and accurate im10 agery, imagery intelligence, and geospatial informa11 tion in support of the national security objectives of

12 the United States;

13 ‘‘(2) improve means of navigating vessels of the

14 Navy and the merchant marine by providing, under

15 the authority of the Secretary of Defense, accurate

16 and inexpensive nautical charts, sailing directions,

17 books on navigation, and manuals of instructions for

18 the use of all vessels of the United States and of navi19 gators generally; and

20 ‘‘(3) prepare and distribute maps, charts, books,

21 and geodetic products as authorized under subchapter

22 II of this chapter.

23 ‘‘(b) NATIONAL MISSION.—The National Imagery and

24 Mapping Agency shall also have national missions as speci25 fied in section 120(a) of the National Security Act of 1947.
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1 ‘‘(c) LIFE CYCLE SUPPORT.—The National Imagery

2 and Mapping Agency may, in furtherance of a mission of

3 the agency, design, develop, deploy, operate, and maintain

4 systems related to the processing and dissemination of im5 agery intelligence and geospatial information that may be

6 transferred to, accepted or used by, or used on behalf of—

7 ‘‘(1) the armed forces, including any combatant

8 command, component of a combatant command, joint

9 task force, or tactical unit; or

10 ‘‘(2) to any other department or agency of the

11 United States.

12 ‘‘§ 443. Imagery intelligence and geospatial informa13 tion support for foreign countries

14 ‘‘(a) APPROPRIATED FUNDS.—The Director of the Na15 tional Imagery and Mapping Agency may use appropriated

16 funds available to the National Imagery and Mapping

17 Agency to provide foreign countries with imagery intel18 ligence and geospatial information support.

19 ‘‘(b) FUNDS OTHER THAN APPROPRIATED FUNDS.—

20 (1) Subject to paragraphs (2), (3), and (4), the Director

21 is also authorized to use funds other than appropriated

22 funds to provide foreign countries with imagery intelligence

23 and geospatial information support.

24 ‘‘(2) Funds other than appropriated funds may not be

25 expended, in whole or in part, by or for the benefit of the
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1 National Imagery and Mapping Agency for a purpose for

2 which Congress had previously denied funds.

3 ‘‘(3) Proceeds from the sale of imagery intelligence or

4 geospatial information items may be used only to purchase

5 replacement items similar to the items that are sold.

6 ‘‘(4) Funds other than appropriated funds may not be

7 expended to acquire items or services for the principal bene8 fit of the United States.

9 ‘‘(5) The authority to use funds other than appro10 priated funds under this section may be exercised notwith11 standing provisions of law relating to the expenditure of

12 funds of the United States.

13 ‘‘(c) ACCOMMODATION PROCUREMENTS.—The author14 ity under this section may be exercised to conduct accommo15 dation procurements on behalf of foreign countries.

16 ‘‘(d) COORDINATION WITH DIRECTOR OF CENTRAL IN17 TELLIGENCE.—The Director shall coordinate with the Di18 rector of Central Intelligence any action under this section

19 that involves imagery intelligence or intelligence products

20 or involves providing support to an intelligence or security

21 service of a foreign country.

22 ‘‘§ 444. Support from Central Intelligence Agency

23 ‘‘(a) SUPPORT AUTHORIZED.—The Director of Central

24 Intelligence may provide support in accordance with this

25 section to the Director of the National Imagery and Map-
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1 ping Agency. The Director of the National Imagery and

2 Mapping Agency may accept support provided under this

3 section.

4 ‘‘(b) ADMINISTRATIVE AND CONTRACT SERVICES.—(1)

5 In furtherance of the national intelligence effort, the Direc6 tor of Central Intelligence may provide administrative and

7 contract services to the National Imagery and Mapping

8 Agency as if that agency were an organizational element

9 of the Central Intelligence Agency.

10 ‘‘(2) Services provided under paragraph (1) may in11 clude the services of security police. For purposes of section

12 15 of the Central Intelligence Agency Act of 1949 (50 U.S.C.

13 403o), an installation of the National Imagery and Map14 ping Agency provided security police services under this sec15 tion shall be considered an installation of the Central Intel16 ligence Agency.

17 ‘‘(3) Support provided under this subsection shall be

18 provided under terms and conditions agreed upon by the

19 Secretary of Defense and the Director of Central Intel20 ligence.

21 ‘‘(c) DETAIL OF PERSONNEL.—The Director of Central

22 Intelligence may detail Central Intelligence Agency person23 nel indefinitely to the National Imagery and Mapping

24 Agency without regard to any limitation on the duration

25 of interagency details of Federal Government personnel.
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1 ‘‘(d) REIMBURSABLE OR NONREIMBURSABLE SUP2 PORT.—Support under this section may be provided and

3 accepted on either a reimbursable basis or a nonreimburs4 able basis.

5 ‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1) The Di6 rector of the National Imagery and Mapping Agency may

7 transfer funds available for the agency to the Director of

8 Central Intelligence for the Central Intelligence Agency.

9 ‘‘(2) The Director of Central Intelligence—

10 ‘‘(A) may accept funds transferred under para11 graph (1); and

12 ‘‘(B) shall expend such funds, in accordance with

13 the Central Intelligence Agency Act of 1949 (50

14 U.S.C. 403a et seq.), to provide administrative and

15 contract services or detail personnel to the National

16 Imagery and Mapping Agency under this section.

17 ‘‘§ 445. Protection of agency identifications and orga18 nizational information

19 ‘‘(a) UNAUTHORIZED USE OF AGENCY NAME, INI20 TIALS, OR SEAL.—(1) Except with the written permission

21 of the Secretary of Defense, no person may knowingly use,

22 in connection with any merchandise, retail product, imper23 sonation, solicitation, or commercial activity in a manner

24 reasonably calculated to convey the impression that such
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1 use is approved, endorsed, or authorized by the Secretary

2 of Defense, any of the following:

3 ‘‘(A) The words ‘National Imagery and Mapping

4 Agency’, the initials ‘NIMA’, or the seal of the Na5 tional Imagery and Mapping Agency.

6 ‘‘(B) The words ‘Defense Mapping Agency’, the

7 initials ‘DMA’, or the seal of the Defense Mapping

8 Agency.

9 ‘‘(C) Any colorable imitation of such words, ini10 tials, or seals.

11 ‘‘(2) Whenever it appears to the Attorney General that

12 any person is engaged or about to engage in an act or prac13 tice which constitutes or will constitute conduct prohibited

14 by paragraph (1), the Attorney General may initiate a civil

15 proceeding in a district court of the United States to enjoin

16 such act or practice. Such court shall proceed as soon as

17 practicable to a hearing and determination of such action

18 and may, at any time before such final determination, enter

19 such restraining orders or prohibitions, or take such other

20 action as is warranted, to prevent injury to the United

21 States or to any person or class of persons for whose protec22 tion the action is brought.

23 ‘‘(b) PROTECTION OF ORGANIZATIONAL INFORMA24 TION.—Notwithstanding any other provision of law, the Di25 rector of the National Imagery and Mapping Agency is not
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1 required to disclose the organization of the agency, any

2 function of the agency, any information with respect to the

3 activities of the agency, or the names, titles, salaries, or

4 number of the persons employed by the agency. This sub5 section does not apply to disclosures of information to Con6 gress.

7 ‘‘SUBCHAPTER II—MAPS, CHARTS, AND

8 GEODETIC PRODUCTS

‘‘Sec.

‘‘451. Maps, charts, and books.

‘‘452. Pilot charts.

‘‘453. Prices of maps, charts, and navigational publications.

‘‘454. Exchange of mapping, charting, and geodetic data with foreign countries

and international organizations

‘‘455. Maps, charts, and geodetic data: public availability; exceptions.

‘‘456. Civil actions barred.

9 ‘‘SUBCHAPTER III—PERSONNEL MANAGEMENT

‘‘Sec.

‘‘461. Civilian personnel management generally.

‘‘462. National Imagery and Mapping Senior Executive Service.

‘‘463. Management rights.

10 ‘‘§ 461. Civilian personnel management generally

11 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec12 retary of Defense may, without regard to the provisions of

13 any other law relating to the appointment, number, classi14 fication, or compensation of Federal employees—

15 ‘‘(1) establish such excepted service positions for

16 employees in the National Imagery and Mapping

17 Agency as the Secretary considers necessary to carry

18 out the functions of those agencies, including positions
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1 designated under subsection (f) as National Imagery

2 and Mapping Senior Level positions;

3 ‘‘(2) appoint individuals to those positions; and

4 ‘‘(3) fix the compensation for service in those po5 sitions.

6 ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY AND

7 OTHER ALLOWANCES AND BENEFITS.—(1) The Secretary

8 of Defense shall, subject to subsection (c), fix the rates of

9 basic pay for positions established under subsection (a) in

10 relation to the rates of basic pay provided in subpart D

11 of part III of title 5 for positions subject to that title which

12 have corresponding levels of duties and responsibilities. Ex13 cept as otherwise provided by law, an employee of the Na14 tional Imagery and Mapping Agency may not be paid basic

15 pay at a rate in excess of the maximum rate payable under

16 section 5376 of title 5.

17 ‘‘(2) The Secretary of Defense may provide employees

18 in positions of the National Imagery and Mapping Agency

19 compensation (in addition to basic pay under paragraph

20 (1)) and benefits, incentives, and allowances consistent

21 with, and not in excess of the levels authorized for, com22 parable positions authorized by title 5.

23 ‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary of

24 Defense may, consistent with section 5341 of title 5, adopt

25 such provisions of that title as provide for prevailing rate
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1 systems of basic pay and may apply those provisions to

2 positions in or under which the National Imagery and

3 Mapping Agency may employ individuals described in sec4 tion 5342(a)(2)(A) of such title.

5 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND EN6 VIRONMENT FOR EMPLOYEES STATIONED OUTSIDE CON7 TINENTAL UNITED STATES OR IN ALASKA.—(1) In addition

8 to the basic compensation payable under subsection (b), em9 ployees of the National Imagery and Mapping Agency de10 scribed in paragraph (3) may be paid an allowance, in ac11 cordance with regulations prescribed by the Secretary of De12 fense, at a rate not in excess of the allowance authorized

13 to be paid under section 5941(a) of title 5 for employees

14 whose rates of basic pay are fixed by statute.

15 ‘‘(2) Such allowance shall be based on—

16 ‘‘(A) living costs substantially higher than in the

17 District of Columbia;

18 ‘‘(B) conditions of environment which—

19 ‘‘(i) differ substantially from conditions of

20 environment in the continental United States;

21 and

22 ‘‘(ii) warrant an allowance as a recruit23 ment incentive; or

24 ‘‘(C) both of those factors.

25 ‘‘(3) This subsection applies to employees who—
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1 ‘‘(A) are citizens or nationals of the United

2 States; and

3 ‘‘(B) are stationed outside the continental United

4 States or in Alaska.

5 ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Notwith6 standing any other provision of law, the Secretary of De7 fense may terminate the employment of any employee of

8 the National Imagery and Mapping Agency if the Sec9 retary—

10 ‘‘(A) considers such action to be in the interests

11 of the United States; and

12 ‘‘(B) determines that the procedures prescribed

13 in other provisions of law that authorize the termi14 nation of the employment of such employee cannot be

15 invoked in a manner consistent with the national se16 curity.

17 ‘‘(2) A decision by the Secretary of Defense to termi18 nate the employment of an employee under this subsection

19 is final and may not be appealed or reviewed outside the

20 Department of Defense.

21 ‘‘(3) The Secretary of Defense shall promptly notify

22 the Committee on National Security and the Permanent Se23 lect Committee on Intelligence of the House of Representa24 tives and the Committee on Armed Services and the Select

25 Committee on Intelligence of the Senate whenever the Sec-
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1 retary terminates the employment of any employee under

2 the authority of this subsection.

3 ‘‘(4) Any termination of employment under this sub4 section shall not affect the right of the employee involved

5 to seek or accept employment with any other department

6 or agency of the United States if that employee is declared

7 eligible for such employment by the Director of the Office

8 of Personnel Management.

9 ‘‘(5) The authority of the Secretary of Defense under

10 this subsection may be delegated only to the Deputy Sec11 retary of Defense and the Director of the National Imagery

12 and Mapping Agency. An action to terminate employment

13 of an employee by any such officer may be appealed to the

14 Secretary of Defense.

15 ‘‘(f) NATIONAL IMAGERY AND MAPPING SENIOR LEVEL

16 POSITIONS.—(1) In carrying out subsection (a)(1), the Sec17 retary may designate positions described in paragraph (3)

18 as National Imagery and Mapping Senior Level positions.

19 ‘‘(2) Positions designated under this subsection shall

20 be treated as equivalent for purposes of compensation to the

21 senior level positions to which section 5376 of title 5 is ap22 plicable.

23 ‘‘(3) Positions that may be designated as National Im24 agery and Mapping Senior Level positions are positions in

25 the National Imagery and Mapping Agency that (A) are
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1 classified above the GS–15 level, (B) emphasize function ex2 pertise and advisory activity, but (C) do not have the orga3 nizational or program management functions necessary for

4 inclusion in the National Imagery and Mapping Senior

5 Executive Service.

6 ‘‘(4) Positions referred to in paragraph (3) include Na7 tional Imagery and Mapping Senior Technical positions

8 and National Imagery and Mapping Senior Professional

9 positions. For purposes of this subsection National Imagery

10 and Mapping Senior Technical positions are positions cov11 ered by paragraph (3) if—

12 ‘‘(A) the positions involve—

13 ‘‘(i) research and development;

14 ‘‘(ii) test and evaluation;

15 ‘‘(iii) substantive analysis, liaison, or advi16 sory activity focusing on engineering, physical

17 sciences, computer science, mathematics, biology,

18 chemistry, medicine, or other closely related sci19 entific and technical fields; or

20 ‘‘(iv) intelligence disciplines including pro21 duction, collection, and operations in close asso22 ciation with any of the activities described in

23 clauses (i), (ii), and (iii) or related activities; or

24 ‘‘(B) the positions emphasize staff, liaison, ana25 lytical, advisory, or other activity focusing on intel-
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1 ligence, law, finance and accounting, program and

2 budget, human resources management, training, in3 formation services, logistics, security, and other ap4 propriate fields.

5 ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OFFI6 CERS.—In this section, the term ‘employee’, with respect to

7 the National Imagery and Mapping Agency, includes any

8 civilian officer of that agency.

9 ‘‘§ 462. National Imagery and Mapping Senior Execu10 tive Service

11 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense may

12 establish a National Imagery and Mapping Senior Execu13 tive Service for senior civilian personnel within the Na14 tional Imagery and Mapping Agency.

15 ‘‘(b) REQUIREMENTS FOR THE SERVICE.—In estab16 lishing a National Imagery and Mapping Senior Executive

17 Service the Secretary shall—

18 ‘‘(1) meet the requirements set forth for the Sen19 ior Executive Service in section 3131 of title 5;

20 ‘‘(2) ensure that the National Imagery and Map21 ping Senior Executive Service positions satisfy re22 quirements that are consistent with the provisions of

23 section 3132(a)(2) of title 5;

24 ‘‘(3) prescribe rates of pay for the National Im25 agery and Mapping Senior Executive Service that are
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1 not in excess of the maximum rate of basic pay, nor

2 less than the minimum rate of basic pay, established

3 for the Senior Executive Service under section 5382

4 of title 5;

5 ‘‘(4) provide for adjusting the rates of pay at the

6 same time and to the same extent as rates of basic

7 pay for the Senior Executive Service are adjusted;

8 ‘‘(5) provide a performance appraisal system for

9 the National Imagery and Mapping Senior Executive

10 Service that conforms to the provisions of subchapter

11 II of chapter 43 of title 5;

12 ‘‘(6) provide for removal consistent with section

13 3592 of title 5, and removal or suspension consistent

14 with subsections (a), (b), and (c) of section 7543 of

15 title 5 (except that any hearing or appeal to which

16 a member of the National Imagery and Mapping Sen17 ior Executive Service is entitled shall be held or de18 cided pursuant to procedures established by the Sec19 retary of Defense);

20 ‘‘(7) permit the payment of performance awards

21 to members of the National Imagery and Mapping

22 Senior Executive Service consistent with the provi23 sions applicable to performance awards under section

24 5384 of title 5;
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1 ‘‘(8) provide that members of the National Im2 agery and Mapping Senior Executive Service may be

3 granted sabbatical leaves consistent with the provi4 sions of section 3396(c) of title 5; and

5 ‘‘(9) provide for the recertification of members of

6 the National Imagery and Mapping Senior Executive

7 Service consistent with the provisions of section 3393a

8 of title 5.

9 ‘‘(c) AUTHORITY.—Except as otherwise provided in

10 subsection (b), the Secretary of Defense may—

11 ‘‘(1) make applicable to the National Imagery

12 and Mapping Senior Executive Service any of the

13 provisions of title 5 that are applicable to applicants

14 for or members of the Senior Executive Service; and

15 ‘‘(2) appoint, promote, and assign individuals to

16 positions established within the National Imagery

17 and Mapping Senior Executive Service without re18 gard to the provisions of title 5 governing appoint19 ments and other personnel actions in the competitive

20 service.

21 ‘‘(d) AWARD OF RANK.—The President, based on the

22 recommendations of the Secretary of Defense, may award

23 ranks to individuals who occupy positions in the National

24 Imagery and Mapping Senior Executive Service in a man-
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1 ner consistent with the provisions of section 4507 of title

2 5.

3 ‘‘(e) DETAILS AND ASSIGNMENTS.—Notwithstanding

4 any other provisions of this section, the Secretary of Defense

5 may detail or assign any member of the National Imagery

6 and Mapping Senior Executive Service to serve in a posi7 tion outside the National Imagery and Mapping Agency in

8 which the member’s expertise and experience may be of ben9 efit to the National Imagery and Mapping Agency or an10 other Government agency. Any such member shall not by

11 reason of such detail or assignment lose any entitlement or

12 status associated with membership in the National Imagery

13 and Mapping Senior Executive Service.

14 ‘‘§ 463. Management rights

15 ‘‘(a) SCOPE.—If there is no obligation under the provi16 sions of chapter 71 of title 5 for the head of an agency of

17 the United States to consult or negotiate with a labor orga18 nization on a particular matter by reason of that matter

19 being covered by a provision of law or a Governmentwide

20 regulation, the Director of the National Imagery and Map21 ping Agency is not obligated to consult or negotiate with

22 a labor organization on that matter even if that provision

23 of law or regulation is inapplicable to the National Imagery

24 and Mapping Agency.
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1 ‘‘(b) BARGAINING UNITS.—The National Imagery and

2 Mapping Agency shall accord exclusive recognition to a

3 labor organization under section 7111 of title 5 only for

4 a bargaining unit that was recognized as appropriate for

5 the Defense Mapping Agency on the day before the date on

6 which employees and positions of the Defense Mapping

7 Agency in that bargaining unit became employees and posi8 tions of the National Imagery and Mapping Agency under

9 the National Imagery and Mapping Agency Act of 1996

10 (subtitle B of title IX of the National Defense Authorization

11 Act for Fiscal Year 1997).

12 ‘‘(c) TERMINATION OF BARGAINING UNIT COVERAGE

13 OF POSITION MODIFIED TO AFFECT NATIONAL SECURITY

14 DIRECTLY.—(1) If the Director of the National Imagery

15 and Mapping Agency determines that the responsibilities

16 of a position within a collective bargaining unit should be

17 modified to include intelligence, counterintelligence, inves18 tigative, or security duties not previously assigned to that

19 position and that the performance of the newly assigned du20 ties directly affects the national security of the United

21 States, then, upon such a modification of the responsibil22 ities of that position, the position shall cease to be covered

23 by the collective bargaining unit and the employee in that

24 position shall cease to be entitled to representation by a
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1 labor organization accorded exclusive recognition for that

2 collective bargaining unit.

3 ‘‘(2) A determination described in paragraph (1) that

4 is made by the Director of the National Imagery and Map5 ping Agency may not be reviewed by the Federal Labor Re6 lations Authority or any court of the United States.

7 ‘‘SUBCHAPTER IV—DEFINITIONS

‘‘Sec.

‘‘471. Definitions.

8 ‘‘§ 471. Definitions

9 ‘‘In this chapter:

10 ‘‘(1) The term ‘function’ means any duty, obliga11 tion, responsibility, privilege, activity, or program.

12 ‘‘(2)(A) The term ‘imagery’ means, except as

13 provided in subparagraph (B), a likeness or presen14 tation of any natural or manmade feature or related

15 object or activity and the positional data acquired at

16 the same time the likeness or representation was ac17 quired, including—

18 ‘‘(i) products produced by space-based na19 tional intelligence reconnaissance systems; and

20 ‘‘(ii) likenesses or presentations produced by

21 satellites, airborne platforms, unmanned aerial

22 vehicles, or other similar means.
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1 ‘‘(B) The term does not include handheld or

2 clandestine photography taken by or on behalf of

3 human intelligence collection organizations.

4 ‘‘(3) The term ‘imagery intelligence’ means the

5 technical, geographic, and intelligence information de6 rived through the interpretation or analysis of im7 agery and collateral materials.

8 ‘‘(4) The term ‘geospatial information’ means in9 formation that identifies the geographic location and

10 characteristics of natural or constructed features and

11 boundaries on the earth and includes—

12 ‘‘(A) statistical data and information de13 rived from, among other things, remote sensing,

14 mapping, and surveying technologies;

15 ‘‘(B) mapping, charting, and geodetic data;

16 and

17 ‘‘(C) geodetic products, as defined in section

18 455(c) of this title.’’.

19 (b) TRANSFER OF CHAPTER 167 PROVISIONS.—Sec20 tions 2792, 2793, 2794, 2795, 2796, and 2798 of title 10,

21 United States Code, are transferred to subchapter II of

22 chapter 22 of such title, as added by subsection (a), are in23 serted in that sequence in such subchapter following the

24 table of sections, and are redesignated in accordance with

25 the following table:
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Section Section as

transferred redesignated

2792 .......................................................................................................... 451

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

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

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

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

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

1 (c) OVERSIGHT OF AGENCY AS A COMBAT SUPPORT

2 AGENCY.—Section 193 of title 10, United States Code, is

3 amended—

4 (1) in subsection (d)—

5 (A) by striking out the caption and insert6 ing in lieu thereof ‘‘REVIEW OF NATIONAL SECU7 RITY AGENCY AND NATIONAL IMAGERY AND

8 MAPPING AGENCY.—’’;

9 (B) in paragraph (1)—

10 (i) by inserting ‘‘and the National Im11 agery and Mapping Agency’’ after ‘‘the Na12 tional Security Agency’’; and

13 (ii) by striking out ‘‘the Agency’’ and

14 inserting in lieu thereof ‘‘that the agencies’’;

15 and

16 (C) in paragraph (2), by inserting ‘‘and the

17 National Imagery and Mapping Agency’’ after

18 ‘‘the National Security Agency’’;

19 (2) in subsection (e)—
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1 (A) by striking out ‘‘DIA AND NSA’’ in the

2 caption and inserting in lieu thereof the follow3 ing: ‘‘DIA, NSA, AND NIMA.—’’; and

4 (B) by striking out ‘‘and the National Secu5 rity Agency’’ and inserting in lieu thereof ‘‘, the

6 National Security Agency, and the National Im7 agery and Mapping Agency’’; and

8 (3) in subsection (f), by striking out paragraph

9 (4) and inserting in lieu thereof the following:

10 ‘‘(4) The National Imagery and Mapping Agen11 cy.’’.

12 (d) SPECIAL PRINTING AUTHORITY FOR AGENCY.—(1)

13 Section 207(a)(2)(B) of the Legislative Branch Appropria14 tions Act, 1993 (Public Law 102–392; 44 U.S.C. 501 note)

15 is amended by inserting ‘‘National Imagery and Mapping

16 Agency,’’ after ‘‘Defense Intelligence Agency,’’.

17 (2) Section 1336 of title 44, United States Code, is

18 amended—

19 (A) by striking out ‘‘Secretary of the Navy’’ and

20 inserting in lieu thereof ‘‘Director of the National Im21 agery and Mapping Agency’’; and

22 (B) by striking out ‘‘United States Naval Ocean23 ographic Office’’ and inserting in lieu thereof ‘‘Na24 tional Imagery and Mapping Agency’’.
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1 SEC. 922. TRANSFERS.

2 (a) DEPARTMENT OF DEFENSE.—The missions and

3 functions of the following elements of the Department of De4 fense are transferred to the National Imagery and Mapping

5 Agency:

6 (A) The Defense Mapping Agency.

7 (B) The Central Imagery Office.

8 (C) Other elements of the Department of Defense

9 as provided in the classified annex to this Act.

10 (b) CENTRAL INTELLIGENCE AGENCY.—The missions

11 and functions of the following elements of the Central Intel12 ligence Agency are transferred to the National Imagery and

13 Mapping Agency:

14 (A) The National Photographic Interpretation

15 Center.

16 (B) Other elements of the Central Intelligence

17 Agency as provided in the classified annex to this Act.

18 (c) PERSONNEL AND ASSETS.—(1) Subject to para19 graphs (2) and (3), the personnel, assets, unobligated bal20 ances of appropriations and authorizations of appropria21 tions, and, to the extent jointly determined appropriate by

22 the Secretary of Defense and Director of Central Intel23 ligence, obligated balances of appropriations and authoriza24 tions of appropriations employed, used, held, arising from,

25 or available in connection with the missions and functions

26 transferred under subsection (a) or (b) are transferred to
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1 the National Imagery and Mapping Agency. A transfer

2 may not be made under the preceding sentence for any pro3 gram or function for which funds are not appropriated to

4 the National Imagery and Mapping Agency for fiscal year

5 1997. Transfers of appropriations from the Central Intel6 ligence Agency under this paragraph shall be made in ac7 cordance with section 1531 of title 31, United States Code.

8 (2) Not earlier than two years after the effective date

9 of this subtitle, the Secretary of Defense and the Director

10 of Central Intelligence shall determine which, if any, posi11 tions and personnel of the Central Intelligence Agency are

12 to be transferred to the National Imagery and Mapping

13 Agency. The positions to be transferred, and the employees

14 serving in such positions, shall be transferred to the Na15 tional Imagery and Mapping Agency under terms and con16 ditions prescribed by the Secretary of Defense and the Di17 rector of Central Intelligence.

18 (3) If the National Photographic Interpretation Center

19 of the Central Intelligence Agency or any imagery-related

20 activity of the Central Intelligence Agency authorized to be

21 performed by the National Imagery and Mapping Agency

22 is not completely transferred to the National Imagery and

23 Mapping Agency, the Secretary of Defense and the Director

24 of Central Intelligence shall—
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1 (A) jointly determine which, if any, contracts,

2 leases, property, and records employed, used, held,

3 arising from, available to, or otherwise relating to

4 such Center or activity is to be transferred to the Na5 tional Imagery and Intelligence Agency; and

6 (B) provide by written agreement for the transfer

7 of such items.

8 SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE

9 NATIONAL SECURITY ACT OF 1947.

10 (a) AGENCY FUNCTIONS.—Section 105(b) of the Na11 tional Security Act of 1947 (50 U.S.C. 403–5(b)) is amend12 ed by striking out paragraph (2) and inserting in lieu

13 thereof the following:

14 ‘‘(2) through the National Imagery and Mapping

15 Agency (except as otherwise directed by the President

16 or the National Security Council), with appropriate

17 representation from the intelligence community, the

18 continued operation of an effective unified organiza19 tion within the Department of Defense—

20 ‘‘(A) for carrying out tasking of imagery

21 collection;

22 ‘‘(B) for the coordination of imagery proc23 essing and exploitation activities;
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1 ‘‘(C) for ensuring the dissemination of im2 agery in a timely manner to authorized recipi3 ents; and

4 ‘‘(D) notwithstanding any other provision

5 of law, for—

6 ‘‘(i) prescribing technical architecture

7 and standards related to imagery intel8 ligence and geospatial information and en9 suring compliance with such architecture

10 and standards; and

11 ‘‘(ii) developing and fielding systems of

12 common concern related o imagery intel13 ligence and geospatial information;’’.

14 (b) NATIONAL MISSION.—Title I of such Act (50

15 U.S.C. 402 et seq.) is amended by adding at the end the

16 following:

17 ‘‘NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING

18 AGENCY

19 ‘‘SEC. 120. (a) IN GENERAL.—In addition to the De20 partment of Defense missions set forth in section 442 of title

21 10, United States Code, the National Imagery and Mapping

22 Agency shall also support the imagery requirements of the

23 Department of State and other departments and agencies

24 of the United States outside the Department of Defense.

25 ‘‘(b) REQUIREMENTS AND PRIORITIES.—The Director

26 of Central Intelligence shall establish requirements and pri-
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1 orities governing the collection of national intelligence by

2 the National Imagery and Mapping Agency under sub3 section (a).

4 ‘‘(c) CORRECTION OF DEFICIENCIES.—The Director of

5 Central Intelligence shall develop and implement such pro6 grams and policies as the Director and the Secretary jointly

7 determine necessary to review and correct deficiencies iden8 tified in the capabilities of the National Imagery and Map9 ping Agency to accomplish assigned national missions. The

10 Director shall consult with the Secretary of Defense on the

11 development and implementation of such programs and

12 policies. The Secretary shall obtain the advice of the Chair13 man of the Joint Chiefs of Staff regarding the matters on

14 which the Director and the Secretary are to consult under

15 the preceding sentence.’’.

16 (c) TASKING OF IMAGERY ASSETS.—Title I of such Act

17 is further amended by adding at the end the following:

18 ‘‘COLLECTION TASKING AUTHORITY

19 ‘‘SEC. 121. The Director of Central Intelligence shall

20 have authority to approve collection requirements, deter21 mine collection priorities, and resolve conflicts in collection

22 priorities levied on national imagery collection assets, ex23 cept as otherwise agreed by the Director and the Secretary

24 of Defense pursuant to the direction of the President.’’.
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1 (d) CLERICAL AMENDMENT.—The table of contents in

2 the first section of such Act is amended by inserting after

3 section 109 the following new items:

‘‘Sec. 120. National mission of National Imagery and Mapping Agency.

‘‘Sec. 121. Collection tasking authority.’’.

4 SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

5 (a) COMPARABLE TREATMENT WITH OTHER INTEL6 LIGENCE SENIOR EXECUTIVE SERVICES.—Title 5, United

7 States Code, is amended as follows:

8 (1) In section 2108(3), by inserting ‘‘the Na9 tional Imagery and Mapping Senior Executive Serv10 ice,’’ after ‘‘the Senior Cryptologic Executive Service,’’

11 in the matter following subparagraph (F)(iii).

12 (2) In section 6304(f)(1), by—

13 (A) by striking out ‘‘or’’ at the end of sub14 paragraph (D);

15 (B) by striking out the period at the end of

16 in subparagraph (E) and inserting in lieu there17 of ‘‘; or’’; and

18 (C) by adding at the end the following:

19 ‘‘(F) the National Imagery and Mapping

20 Senior Executive Service.’’; and

21 (3) In sections 8336(h)(2) and 8414(a)(2), by

22 striking out ‘‘or the Senior Cryptologic Executive

23 Service’’ and inserting in lieu thereof ‘‘, the Senior
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1 Cryptologic Executive Service, or the National Im2 agery and Mapping Senior Executive Service’’.

3 (b) CENTRAL IMAGERY OFFICE PERSONNEL MANAGE4 MENT AUTHORITIES.—

5 (1) NONDUPLICATION OF COVERAGE BY DEFENSE

6 INTELLIGENCE SENIOR EXECUTIVE SERVICE.—Section

7 1601 of title 10, United States Code, is amended—

8 (A) in subsection (a), by striking out ‘‘and

9 the Central Imagery Office’’;

10 (B) in subsection (d), by striking out ‘‘or

11 the Central Imagery Office in which the mem12 ber’s expertise and experience may be of benefit

13 to the Defense Intelligence Agency, the Central

14 Imagery Office,’’ in the first sentence and insert15 ing in lieu thereof ‘‘in which the member’s exper16 tise and experience may be of benefit to the De17 fense Intelligence Agency’’; and

18 (C) in subsection (e), by striking out ‘‘and

19 the Central Imagery Office’’ in the first sentence.

20 (2) MERIT PAY.—Section 1602 of such title is

21 amended by striking out ‘‘and Central Imagery Of22 fice’’.

23 (3) MISCELLANEOUS AUTHORITIES.—Subsection

24 1604 of such title is amended—

25 (A) in subsection (a)(1)—
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1 (i) by striking out ‘‘and the Central

2 Imagery Office’’; and

3 (ii) by striking out ‘‘and Office’’;

4 (B) in subsection (b)—

5 (i) in paragraph (1), by striking out

6 ‘‘or the Central Imagery Office’’ in the sec7 ond sentence; and

8 (ii) in paragraph (2), by striking out

9 ‘‘and the Central Imagery Office’’;

10 (C) in subsection (c), by striking out ‘‘or the

11 Central Imagery Office’’;

12 (D) in subsection (d)(1), by striking out

13 ‘‘and the Central Imagery Office’’;

14 (E) in subsection (e)—

15 (i) in paragraph (1), by striking out

16 ‘‘or the Central Imagery Office’’; and

17 (ii) in paragraph (5) by striking out ‘‘,

18 the Director of the Defense Intelligence

19 Agency (with respect to employees of the De20 fense Intelligence Agency), and the Director

21 of the Central Imagery Office (with respect

22 to employees of the Central Imagery Of23 fice)’’ and inserting in lieu thereof ‘‘and the

24 Director of the Defense Intelligence Agency
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1 (with respect to employees of the Defense In2 telligence Agency)’’;

3 (F) in subsection (f)(3), by striking out

4 ‘‘and Central Imagery Office’’; and

5 (G) in subsection (g)—

6 (i) by striking out ‘‘or the Central Im7 agery Office’’; and

8 (ii) by striking out ‘‘or Office’’.

9 (c) APPLICABILITY OF FEDERAL LABOR-MANAGEMENT

10 RELATIONS SYSTEM.—Section 7103(a)(3) of title 5, United

11 States Code is amended—

12 (1) by inserting ‘‘or’’ at the end of subparagraph

13 (F);

14 (2) by striking out ‘‘; or’’ at the end of subpara15 graph (G) and inserting in lieu thereof a period; and

16 (3) by striking out subparagraph (H).

17 (d) APPLICABILITY OF AUTHORITY AND PROCEDURES

18 FOR IMPOSING CERTAIN ADVERSE ACTIONS.—Section

19 7511(b)(8) of title 5, United States Code, is amended by

20 striking out ‘‘Central Imagery Office’’.

21 SEC. 925. CREDITABLE CIVILIAN SERVICE FOR CAREER

22 CONDITIONAL EMPLOYEES OF THE DEFENSE

23 MAPPING AGENCY.

24 In the case of an employee of the National Imagery

25 and Mapping Agency who, on the day before the effective
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1 date of this subtitle, was an employee of the Defense Map2 ping Agency in a career-conditional status, the continuous

3 service of that employee as an employee of the National Im4 agery and Mapping Agency on and after such date shall

5 be considered creditable service for the purpose of any deter6 mination of the career status of the employee.

7 SEC. 926. SAVING PROVISIONS.

8 (a) CONTINUING EFFECT ON LEGAL DOCUMENTS.—All

9 orders, determinations, rules, regulations, permits, agree10 ments, international agreements, grants, contracts, leases,

11 certificates, licenses, registrations, privileges, and other ad12 ministrative actions—

13 (1) which have been issued, made, granted, or al14 lowed to become effective by the President, any Fed15 eral agency or official thereof, or by a court of com16 petent jurisdiction, in connection with any of the

17 functions which are transferred under this subtitle or

18 any function that the National Imagery and Map19 ping Agency is authorized to perform by law, and

20 (2) which are in effect at the time this title takes

21 effect, or were final before the effective date of this

22 subtitle and are to become effective on or after the ef23 fective date of this subtitle,

24 shall continue in effect according to their terms until modi25 fied, terminated, superseded, set aside, or revoked in accord-
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1 ance with law by the President, the Secretary of Defense,

2 the Director of the National Imagery and Mapping Agency

3 or other authorized official, a court of competent jurisdic4 tion, or by operation of law.

5 (b) PROCEEDINGS NOT AFFECTED.—This subtitle and

6 the amendments made by this subtitle shall not affect any

7 proceedings, including notices of proposed rulemaking, or

8 any application for any license, permit, certificate, or fi9 nancial assistance pending before an element of the Depart10 ment of Defense or Central Intelligence Agency at the time

11 this subtitle takes effect, with respect to function of that ele12 ment transferred by section 922, but such proceedings and

13 applications shall be continued. Orders shall be issued in

14 such proceedings, appeals shall be taken therefrom, and

15 payments shall be made pursuant to such orders, as if this

16 subtitle had not been enacted, and orders issued in any such

17 proceedings shall continue in effect until modified, termi18 nated, superseded, or revoked by a duly authorized official,

19 by a court of competent jurisdiction, or by operation of law.

20 Nothing in this section shall be deemed to prohibit the dis21 continuance or modification of any such proceeding under

22 the same terms and conditions and to the same extent that

23 such proceeding could have been discontinued or modified

24 if this subtitle had not been enacted.
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1 (c) SEVERABILITY.—If any provision of this subtitle

2 (or any amendment made by this subtitle), or the applica3 tion of such provision (or amendment) to any person or

4 circumstance is held unconstitutional, the remainder of this

5 subtitle (or of the amendments made by this subtitle) shall

6 not be affected by that holding.

7 SEC. 927. DEFINITIONS.

8 In this part, the terms ‘‘function’’, ‘‘imagery’’, ‘‘im9 agery intelligence’’, and ‘‘geospatial information’’ have the

10 meanings given those terms in section 461 of title 10, Unit11 ed States Code, as added by section 921.

12 SEC. 928. AUTHORIZATION OF APPROPRIATIONS.

13 Funds are authorized to be appropriated for the Na14 tional Imagery and Mapping Agency for fiscal year 1997

15 in amounts and for purposes, and subject to the terms, con16 ditions, limitations, restrictions, and requirements, that are

17 set forth in the Classified Annex to this Act.

18 PART II—CONFORMING AMENDMENTS AND

19 EFFECTIVE DATES

20 SEC. 931. REDESIGNATION AND REPEALS.

21 (a) REDESIGNATION.—Chapter 23 of title 10, United

22 States Code (as redesignated by section 921(a)(1)) is

23 amended by redesignating the section in that chapter as sec24 tion 481.
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1 (b) REPEAL OF SUPERSEDED LAW.—Chapter 167 of

2 such title, as amended by section 921(b), is repealed.

3 SEC. 932. REFERENCES.

4 (a) TITLE 5, UNITED STATES CODE.—Title 5, United

5 States Code, is amended as follows:

6 (1) CENTRAL IMAGERY OFFICE.—In sections

7 2302(a)(2)(C)(ii), 3132(a)(1)(B), 4301(1) (in clause

8 (ii)), 4701(a)(1)(B), 5102(a)(1) (in clause (xi)),

9 5342(a)(1)(L), 6339(a)(1)(E), and

10 7323(b)(2)(B)(i)(XIII), by striking out ‘‘Central Im11 agery Office’’ and inserting in lieu thereof ‘‘National

12 Imagery and Mapping Agency’’.

13 (2) DIRECTOR, CENTRAL IMAGERY OFFICE.—In

14 section 6339(a)(2)(E), by striking out ‘‘Central Im15 agery Office, the Director of the Central Imagery Of16 fice’’ and inserting in lieu thereof ‘‘National Imagery

17 and Mapping Agency, the Director of the National

18 Imagery and Mapping Agency’’.

19 (b) TITLE 10, UNITED STATES CODE.—Title 10, Unit20 ed States Code, is amended as follows:

21 (1) CENTRAL IMAGERY OFFICE.—In section

22 1599(f)(4), by striking out ‘‘Central Imagery Office’’

23 and inserting in lieu thereof ‘‘National Imagery and

24 Mapping Agency’’.
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1 (2) DEFENSE MAPPING AGENCY.—In sections

2 451(1), 452, 453, 454, and 455 (in subsections (a)

3 and (b)(1)(C)), and 456, as redesignated by section

4 921(b), by striking out ‘‘Defense Mapping Agency’’

5 each place it appears and inserting in lieu thereof

6 ‘‘National Imagery and Mapping Agency’’.

7 (c) OTHER LAWS.—

8 (1) NATIONAL SECURITY ACT OF 1947.—Section

9 3(4)(E) of the National Security Act of 1947 (50

10 U.S.C. 401a(4)(E) is amended by striking out

11 ‘‘Central Imagery Office’’ and inserting in lieu there12 of ‘‘National Imagery and Mapping Agency’’.

13 (2) ETHICS IN GOVERNMENT ACT OF 1978.—Sec14 tion 105(a) of the Ethics in Government Act of 1978

15 (Public Law 95–521; 5 U.S.C. App. 4) is amended by

16 striking out ‘‘Central Imagery Office’’ and inserting

17 in lieu thereof ‘‘National Imagery and Mapping

18 Agency’’.

19 (3) EMPLOYEE POLYGRAPH PROTECTION ACT.—

20 Section 7(b)(2)(A)(i) of the Employee Polygraph Pro21 tection Act of 1988 (Public Law 100–347; 29 U.S.C.

22 2006(b)(2)(A)(i)) is amended by striking out ‘‘Central

23 Imagery Office’’ and inserting in lieu thereof ‘‘Na24 tional Imagery and Mapping Agency’’.
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1 (d) CROSS REFERENCE.—Section 82 of title 14, Unit2 ed States Code, is amended by striking out ‘‘chapter 167’’

3 and inserting in lieu thereof ‘‘subchapter II of chapter 22’’.

4 SEC. 933. HEADINGS AND CLERICAL AMENDMENTS.

5 (a) TITLE 10, UNITED STATES CODE.—

6 (1) HEADING.—The heading of chapter 83 of

7 title 10, United States Code, is amended to read as

8 follows:

9 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

10 AGENCY CIVILIAN PERSONNEL’’.

11 (2) CLERICAL AMENDMENTS.—(A) The table of

12 chapters at the beginning of subtitle A of title 10,

13 United States Code, is amended—

14 (i) by striking out the item relating to

15 chapter 22 and inserting in lieu thereof the fol16 lowing:

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

‘‘23. Miscellaneous Studies and Reports ...................................... 471’’;

17 (ii) by striking out the item relating to

18 chapter 83 and inserting in lieu thereof the fol19 lowing:

‘‘83. Defense Intelligence Agency Civilian Personnel ............ 1601’’;

20 and

21 (iii) by striking out the item relating to

22 chapter 167.
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1 (B) The table of chapters at the beginning of

2 part I of such subtitle is amended by striking out the

3 item relating to chapter 22 and inserting in lieu

4 thereof the following:

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

‘‘23. Miscellaneous Studies and Reports ...................................... 471’’;

5 (C) The item relating to chapter 83 in the table

6 of chapters at the beginning of part II of such subtitle

7 is amended to read as follows:

‘‘83. Defense Intelligence Agency Civilian Personnel ............ 1601’’.

8 (D) The table of chapters at the beginning of

9 part IV of such subtitle is amended by striking out

10 the item relating to chapter 167.

11 (E) The item in the table of sections at the begin12 ning of chapter 23 of title 10, United States Code (as

13 redesignated by section 921), is amended to read as

14 follows:

‘‘481. Racial and ethnic issues; biennial survey; biennial report.’’.

15 (b) TITLE 44, UNITED STATES CODE.—

16 (1) SECTION HEADING.—The heading of section

17 1336 of title 44, United States Code, is amended to

18 read as follows:

19 ‘‘§ 1336. National Imagery and Mapping Agency: spe20 cial publications’’.

21 (2) CLERICAL AMENDMENT.—The item relating

22 to such section in the tables of sections at the begin-
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1 ning of chapter 13 of such title is amended to read

2 as follows:

‘‘1336. National Imagery and Mapping Agency: special publications.’’.

3 SEC. 934. EFFECTIVE DATES.

4 (a) IN GENERAL.—Except as provided in subsection

5 (b), this subtitle and the amendments made by this subtitle

6 shall take effect on the later of October 1, 1996, or the date

7 of the enactment of an Act appropriating funds for fiscal

8 year 1997 for the National Imagery and Mapping Agency.

9 (b) EXCEPTION.—Section 928 shall take effect on the

10 date of the enactment of this Act.

11 TITLE X—GENERAL PROVISIONS

12 Subtitle A—Financial Matters

13 SEC. 1001. TRANSFER AUTHORITY.

14 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

15 Upon determination by the Secretary of Defense that such

16 action is necessary in the national interest, the Secretary

17 may transfer amounts of authorizations made available to

18 the Department of Defense in this division for fiscal year

19 1997 between any such authorizations for that fiscal year

20 (or any subdivisions thereof). Amounts of authorizations so

21 transferred shall be merged with and be available for the

22 same purposes as the authorization to which transferred.

23 (2) The total amount of authorizations that the Sec24 retary of Defense may transfer under the authority of this

25 section may not exceed $2,000,000,000.
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1 (b) LIMITATIONS.—The authority provided by this sec2 tion to transfer authorizations—

3 (1) may only be used to provide authority for

4 items that have a higher priority than the items from

5 which authority is transferred; and

6 (2) may not be used to provide authority for an

7 item that has been denied authorization by Congress.

8 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans9 fer made from one account to another under the authority

10 of this section shall be deemed to increase the amount au11 thorized for the account to which the amount is transferred

12 by an amount equal to the amount transferred.

13 (d) NOTICE TO CONGRESS.—The Secretary shall

14 promptly notify Congress of each transfer made under sub15 section (a).

16 SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UN17 AUTHORIZED FISCAL YEAR 1996 DEFENSE AP18 PROPRIATIONS.

19 (a) AUTHORITY.—The amounts described in subsection

20 (b) may be obligated and expended for programs, projects,

21 and activities of the Department of Defense in accordance

22 with fiscal year 1996 defense appropriations.

23 (b) COVERED AMOUNTS.—The amounts referred to in

24 subsection (a) are the amounts provided for programs,

25 projects, and activities of the Department of Defense in fis-
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1 cal year 1996 defense appropriations that are in excess of

2 the amounts provided for such programs, projects, and ac3 tivities in fiscal year 1996 defense authorizations.

4 (c) DEFINITIONS.—For the purposes of this section:

5 (1) FISCAL YEAR 1996 DEFENSE APPROPRIA6 TIONS.—The term ‘‘fiscal year 1996 defense appro7 priations’’ means amounts appropriated or otherwise

8 made available to the Department of Defense for fiscal

9 year 1996 in the Department of Defense Appropria10 tions Act, 1996 (Public Law 104–61).

11 (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA12 TIONS.—The term ‘‘fiscal year 1996 defense author13 izations’’ means amounts authorized to be appro14 priated for the Department of Defense for fiscal year

15 1996 in the National Defense Authorization Act for

16 Fiscal Year 1996 (Public Law 104–106).

17 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLE18 MENTAL APPROPRIATIONS FOR FISCAL YEAR

19 1996.

20 Amounts authorized to be appropriated to the Depart21 ment of Defense for fiscal year 1996 in the National Defense

22 Authorization Act for Fiscal Year 1996 (Public Law 104–

23 106) are hereby adjusted, with respect to any such author24 ized amount, by the amount by which appropriations pur25 suant to such authorization were increased (by a supple-
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1 mental appropriation) or decreased (by a rescission), or

2 both, in the Omnibus Consolidated Rescissions and Appro3 priations Act of 1996 (Public Law 104–134).

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

5 GUARD.

6 (a) LIMITATION.—Funds appropriated to the Depart7 ment of Defense for fiscal year 1997 that are transferred

8 to the Coast Guard may be used only for the performance

9 of national security functions of the Coast Guard in support

10 of the Department of Defense.

11 (b) CERTIFICATION REQUIRED.—Funds described in

12 subsection (a) may not be transferred to the Coast Guard

13 until the Secretary of Defense and the Secretary of Trans14 portation jointly certify to Congress that the funds so trans15 ferred will be used only as described in subsection (a).

16 (c) GAO AUDIT.—The Comptroller General of the

17 United States shall—

18 (1) audit, from time to time, the use of funds

19 transferred to the Coast Guard from appropriations

20 for the Department of Defense for fiscal year 1997 in

21 order to verify that the funds are being used in ac22 cordance with the limitation in subsection (a); and

23 (2) notify the congressional defense committees of

24 any use of such funds that, in the judgment of the
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1 Comptroller General, is a significant violation of such

2 limitation.

3 SEC. 1005. USE OF MILITARY-TO-MILITARY CONTACTS

4 FUNDS FOR PROFESSIONAL MILITARY EDU5 CATION AND TRAINING.

6 Section 168(c) of title 10, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(9) Military education and training for mili9 tary and civilian personnel of foreign countries (in10 cluding transportation expenses, expenses for trans11 lation services, and administrative expenses to the ex12 tent that the expenses are related to the providing of

13 such education and training to such personnel).’’.

14 SEC. 1006. PAYMENT OF CERTAIN EXPENSES RELATING TO

15 HUMANITARIAN AND CIVIC ASSISTANCE.

16 Section 401(c) of title 10, United States Code, is

17 amended—

18 (1) by redesignating paragraph (2) as para19 graph (3); and

20 (2) by inserting after paragraph (1) the follow21 ing new paragraph (2):

22 ‘‘(2) Expenses covered by paragraph (1) include the

23 following expenses incurred in the providing of assistance

24 described in subsection (e)(5):
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1 ‘‘(A) Travel, transportation, and subsistence ex2 penses of Department of Defense personnel providing

3 the assistance.

4 ‘‘(B) The cost of any equipment, services, or sup5 plies acquired for the purpose of carrying out or sup6 porting activities described in such subsection (e)(5),

7 including any nonlethal, individual or small-team

8 landmine cleaning equipment or supplies that are to

9 be transferred or otherwise furnished to a foreign

10 country in furtherance of the provision of assistance

11 under this section.

12 ‘‘(C) The cost of any equipment, services, or sup13 plies provided pursuant to subparagraph (B) may not

14 exceed $5,000,000 each year.’’.

15 SEC. 1007. REIMBURSEMENT OF DEPARTMENT OF DEFENSE

16 FOR COSTS OF DISASTER ASSISTANCE PRO17 VIDED OUTSIDE THE UNITED STATES.

18 Section 404 of title 10, United States Code, is amend19 ed—

20 (1) by redesignating subsection (d) as subsection

21 (e); and

22 (2) by inserting after subsection (c) the following

23 new subsection (d):

24 ‘‘(d) REIMBURSEMENT POLICY.—It is the sense of Con25 gress that, whenever the President directs the Secretary of
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1 Defense to provide disaster assistance outside the United

2 States under subsection (a)—

3 ‘‘(1) the President should direct the Adminis4 trator of the Agency for International Development to

5 reimburse the Department of Defense for the cost to

6 the Department of Defense of the assistance provided;

7 and

8 ‘‘(2) a reimbursement by the Administrator

9 should be paid out of funds available under chapter

10 9 of part I of the Foreign Assistance Act of 1961 for

11 international disaster assistance for the fiscal year in

12 which the cost is incurred.’’.

13 SEC. 1008. FISHER HOUSE TRUST FUND FOR THE NAVY.

14 (a) AUTHORITY.—Section 2221 of title 10, United

15 States Code, is amended—

16 (1) in subsection (a), by adding at the end the

17 following:

18 ‘‘(3) The Fisher House Trust Fund, Department

19 of the Navy.’’;

20 (2) in subsection (c)—

21 (A) by redesignating paragraph (3) as

22 paragraph (4); and

23 (B) by inserting after paragraph (2) the fol24 lowing new paragraph (3):
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1 ‘‘(3) Amounts in the Fisher House Trust Fund, De2 partment of the Navy, that are attributable to earnings or

3 gains realized from investments shall be available for the

4 operation and maintenance of Fisher houses that are lo5 cated in proximity to medical treatment facilities of the

6 Navy.’’; and

7 (3) in subsection (d)(1), by striking out ‘‘or the

8 Air Force’’ and inserting in lieu thereof ‘‘, the Air

9 Force, or the Navy’’.

10 (b) CORPUS OF TRUST FUNDS.—The Secretary of the

11 Navy shall transfer to the Fisher House Trust Fund, De12 partment of the Navy, established by section 2221(a)(3) of

13 title 10, United States Code (as added by subsection (a)(1)),

14 all amounts in the accounts for Navy installations and

15 other facilities that, as of the date of the enactment of this

16 Act, are available for operation and maintenance of Fisher

17 houses, as defined in section 2221(d) of such title.

18 (c) CONFORMING AMENDMENTS.—Section 1321 of title

19 31, United States Code, is amended—

20 (1) in subsection (a), by adding at the end the

21 following:

22 ‘‘(94) Fisher House Trust Fund, Department of

23 the Navy.’’; and

24 (2) in subsection (b)(2), by adding at the end the

25 following:
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1 ‘‘(D) Fisher House Trust Fund, Department of

2 the Navy.’’.

3 SEC. 1009. DESIGNATION AND LIABILITY OF DISBURSING

4 AND CERTIFYING OFFICIALS FOR THE COAST

5 GUARD.

6 (a) DISBURSING OFFICIALS.—(1) Section 3321(c) of

7 title 31, United States Code, is amended by adding at the

8 end the following:

9 ‘‘(3) The Department of Transportation (with re10 spect to public money available for expenditure by the

11 Coast Guard when it is not operating as a service in

12 the Navy).’’.

13 (2)(A) Chapter 17 of title 14, United States Code, is

14 amended by adding at the end the following:

15 ‘‘§ 673. Designation, powers, and accountability of

16 deputy disbursing officials

17 ‘‘(a)(1) Subject to paragraph (3), a disbursing official

18 of the Coast Guard may designate a deputy disbursing offi19 cial—

20 ‘‘(A) to make payments as the agent of the dis21 bursing official;

22 ‘‘(B) to sign checks drawn on disbursing ac23 counts of the Secretary of the Treasury; and

24 ‘‘(C) to carry out other duties required under

25 law.
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1 ‘‘(2) The penalties for misconduct that apply to a dis2 bursing official apply to a deputy disbursing official des3 ignated under this subsection.

4 ‘‘(3) A disbursing official may make a designation

5 under paragraph (1) only with the approval of the Sec6 retary of Transportation (when the Coast Guard is not op7 erating as a service in the Navy).

8 ‘‘(b)(1) If a disbursing official of the Coast Guard dies,

9 becomes disabled, or is separated from office, a deputy dis10 bursing official may continue the accounts and payments

11 in the name of the former disbursing official until the last

12 day of the second month after the month in which the death,

13 disability, or separation occurs. The accounts and pay14 ments shall be allowed, audited, and settled as provided by

15 law. The Secretary of the Treasury shall honor checks signed

16 in the name of the former disbursing official in the same

17 way as if the former disbursing official had continued in

18 office.

19 ‘‘(2) The deputy disbursing official, and not the former

20 disbursing official or the estate of the former disbursing offi21 cial, is liable for the actions of the deputy disbursing official

22 under this subsection.

23 ‘‘(c)(1) Except as provided in paragraph (2), this sec24 tion does not apply to the Coast Guard when section 2773
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1 of title 10 applies to the Coast Guard by reason of the oper2 ation of the Coast Guard as a service in the Navy.

3 ‘‘(2) A designation of a deputy disbursing official

4 under subsection (a) that is made while the Coast Guard

5 is not operating as a service in the Navy continues in effect

6 for purposes of section 2773 of title 10 while the Coast

7 Guard operates as a service in the Navy unless and until

8 the designation is terminated by the disbursing official who

9 made the designation or an official authorized to approve

10 such a designation under subsection (a)(3) of such section.’’.

11 (B) The table of sections at the beginning of such chap12 ter is amended by adding at the end the following:

‘‘673. Designation, powers, and accountability of deputy disbursing officials.’’.

13 (b) DESIGNATION OF MEMBERS OF THE ARMED

14 FORCES TO HAVE AUTHORITY TO CERTIFY VOUCHERS.—

15 Section 3325(b) of title 31, United States Code, is amended

16 by striking out ‘‘members of the armed forces under the ju17 risdiction of the Secretary of Defense may certify vouchers

18 when authorized, in writing, by the Secretary to do so’’ and

19 inserting in lieu thereof ‘‘members of the armed forces may

20 certify vouchers when authorized, in writing, by the Sec21 retary of Defense or, in the case of the Coast Guard when

22 it is not operating as a service in the Navy, by the Secretary

23 of Transportation’’.

24 (c) CONFORMING AMENDMENTS.—(1) Section 1007(a)

25 of title 37, United States Code, is amended by inserting
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1 after ‘‘Secretary of Defense’’ the following: ‘‘(or the Sec2 retary of Transportation, in the case of an officer of the

3 Coast Guard when the Coast Guard is not operating as a

4 service in the Navy)’’.

5 (2) Section 3527(b)(1) of title 31, United States Code,

6 is amended—

7 (A) in subparagraph (A)(i), by inserting after

8 ‘‘Department of Defense’’ the following: ‘‘(or the Sec9 retary of Transportation, in the case of a disbursing

10 official of the Coast Guard when the Coast Guard is

11 not operating as a service in the Navy)’’; and

12 (B) in subparagraph (B), by inserting after ‘‘or

13 the Secretary of the appropriate military depart14 ment’’ the following: ‘‘(or the Secretary of Transpor15 tation, in the case of a disbursing official of the Coast

16 Guard when the Coast Guard is not operating as a

17 service in the Navy)’’.

18 SEC. 1010. AUTHORITY TO SUSPEND OR TERMINATE COL19 LECTION ACTIONS AGAINST DECEASED MEM20 BERS OF THE COAST GUARD.

21 Section 3711(g) of title 31, United States Code, is

22 amended—

23 (1) in paragraph (1), by striking out ‘‘or Marine

24 Corps’’ and inserting in lieu thereof ‘‘Marine Corps,

25 or Coast Guard’’;
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1 (2) by redesignating paragraph (2) as para2 graph (3); and

3 (3) by inserting after paragraph (1) the follow4 ing new paragraph (2):

5 ‘‘(2) The Secretary of Transportation may suspend or

6 terminate an action by the Secretary under subsection (a)

7 to collect a claim against the estate of a person who died

8 while serving on active duty as a member of the Coast

9 Guard if the Secretary determines that, under the cir10 cumstances applicable with respect to the deceased person,

11 it is appropriate to do so.’’.

12 SEC. 1011. CHECK CASHING AND EXCHANGE TRANS13 ACTIONS WITH CREDIT UNIONS OUTSIDE THE

14 UNITED STATES.

15 Section 3342(b) of title 31, United States Code, is

16 amended—

17 (1) by striking out ‘‘and’’ at the end of para18 graph (5);

19 (2) by striking out the period at the end of para20 graph (6) and inserting in lieu thereof ‘‘; and’’; and

21 (3) by adding at the end the following:

22 ‘‘(7) a Federal credit union (as defined in sec23 tion 101(1) of the Federal Credit Union Act (12

24 U.S.C. 1752(1)) that is operating at Department of

25 Defense invitation in a foreign country where con-
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1 tractor-operated military banking facilities are not

2 available.’’.

3 Subtitle B—Naval Vessels and

4 Shipyards

5 SEC. 1021. AUTHORITY TO TRANSFER NAVAL VESSELS.

6 (a) EGYPT.—The Secretary of the Navy may transfer

7 to the Government of Egypt the ‘‘OLIVER HAZARD

8 PERRY’’ frigate GALLERY. Such transfer shall be on a

9 sales basis under section 21 of the Arms Export Control

10 Act (22 U.S.C. 2761; relating to the foreign military sales

11 program).

12 (b) MEXICO.—The Secretary of the Navy may transfer

13 to the Government of Mexico the ‘‘KNOX’’ class frigates

14 STEIN (FF 1065) and MARVIN SHIELDS (FF 1066).

15 Such transfers shall be on a sales basis under section 21

16 of the Arms Export Control Act (22 U.S.C. 2761).

17 (c) NEW ZEALAND.—The Secretary of the Navy may

18 transfer to the Government of New Zealand the ‘‘STAL19 WART’’ class ocean surveillance ship TENACIOUS. Such

20 transfer shall be on a sales basis under section 21 of the

21 Arms Export Control Act (22 U.S.C. 2761).

22 (d) PORTUGAL.—The Secretary of the Navy may

23 transfer to the Government of Portugal the ‘‘STALWART’’

24 class ocean surveillance ship AUDACIOUS. Such transfer

25 shall be on a grant basis under section 516 of the Foreign
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1 Assistance Act of 1961 (22 U.S.C. 2321j; relating to trans2 fers of excess defense articles).

3 (e) TAIWAN.—The Secretary of the Navy may transfer

4 to the Taipei Economic and Cultural Representative Office

5 in the United States (which is the Taiwan instrumentality

6 designated pursuant to section 10(a) of the Taiwan Rela7 tions Act) the following:

8 (1) The ‘‘KNOX’’ class frigates AYLWIN (FF

9 1081), PHARRIS (FF 1094), and VALDEZ (FF

10 1096). Such transfers shall be on a sales basis under

11 section 21 of the Arms Export Control Act (22 U.S.C.

12 2761).

13 (2) The ‘‘NEWPORT’’ class tank landing ship

14 NEWPORT (LST 1179). Such transfer shall be on a

15 lease basis under section 61 of the Arms Export Con16 trol Act (22 U.S.C. 2796).

17 (f) THAILAND.—The Secretary of the Navy may trans18 fer to the Government of Thailand the ‘‘KNOX’’ class frigate

19 OUELLET (FF 1077). Such transfer shall be on a sales

20 basis under section 21 of the Arms Export Control Act (22

21 U.S.C. 2761).

22 (g) COSTS OF TRANSFER.—Any expense of the United

23 States in connection with a transfer authorized by this sec24 tion shall be charged to the recipient.
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1 (h) REPAIR AND REFURBISHMENT OF VESSELS.—The

2 Secretary of the Navy shall require, to the maximum extent

3 possible, as a condition of a transfer of a vessel under this

4 section, that the country to which the vessel is transferred

5 have such repair or refurbishment of the vessel as is needed,

6 before the vessel joins the naval forces of that country, per7 formed at a shipyard located in the United States, includ8 ing a United States Navy shipyard.

9 (i) EXPIRATION OF AUTHORITY.—Any authority for

10 transfer granted by this section shall expire at the end of

11 the 2-year period beginning on the date of the enactment

12 of this Act.

13 SEC. 1022. TRANSFER OF CERTAIN OBSOLETE TUGBOATS

14 OF THE NAVY.

15 (a) REQUIREMENT TO TRANSFER VESSELS.—The Sec16 retary of the Navy shall transfer the six obsolete tugboats

17 of the Navy specified in subsection (b) to the Northeast Wis18 consin Railroad Transportation Commission, an instru19 mentality of the State of Wisconsin, if the Secretary deter20 mines that the tugboats are not needed for transfer, dona21 tion, or other disposal under title II of the Federal Property

22 and Administrative Services Act of 1949 (40 U.S.C. 481

23 et seq.). A transfer made under the preceding sentence shall

24 be made without reimbursement to the United States.
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1 (b) VESSELS COVERED.—The requirement in sub2 section (a) applies to the six decommissioned Cherokee class

3 tugboats, listed as of the date of the enactment of this Act

4 as being surplus to the Navy, that are designated as ATF–

5 105, ATF–110, ATF–149, ATF–158, ATF–159, and ATF–

6 160.

7 (c) CONDITION RELATING TO ENVIRONMENTAL COM8 PLIANCE.—The Secretary shall require as a condition of the

9 transfer of a vessel under subsection (a) that use of the vessel

10 by the Commission not commence until the terms of any

11 necessary environmental compliance letter or agreement

12 with respect to that vessel have been complied with.

13 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 (including a requirement that the transfer be at no cost to

16 the Government) in connection with the transfers required

17 by subsection (a) as the Secretary considers appropriate.

18 SEC. 1023. REPEAL OF REQUIREMENT FOR CONTINUOUS AP19 PLICABILITY OF CONTRACTS FOR PHASED

20 MAINTENANCE OF AE CLASS SHIPS.

21 Section 1016 of the National Defense Authorization

22 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

23 425) is repealed.
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1 SEC. 1024. CONTRACT OPTIONS FOR LMSR VESSELS.

2 (a) FINDINGS.—Congress reaffirms the findings set

3 forth in section 1013(a) of the National Defense Authoriza4 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

5 Stat. 422), and makes the following modifications and sup6 plemental findings:

7 (1) Since the findings set forth in section

8 1013(a) of such Act were originally formulated, the

9 Secretary of the Navy has exercised options for the ac10 quisition of two of the six additional large, medium11 speed, roll-on/roll-off (LMSR) vessels that may be ac12 quired by exercise of options provided for under con13 tracts covering the acquisition of a total of 17 LMSR

14 vessels.

15 (2) Therefore, under those contracts, the Sec16 retary has placed orders for the acquisition of 13

17 LMSR vessels and has remaining options for the ac18 quisition of four more LMSR vessels, all of which

19 would be new construction vessels.

20 (3) The remaining options allow the Secretary to

21 place orders for one vessel to be constructed at each

22 of two shipyards for award before December 31, 1996,

23 and December 31, 1997, respectively.

24 (b) SENSE OF CONGRESS.—Congress also reaffirms its

25 declaration of the sense of Congress, as set forth in section

26 1013(b) of Public Law 104–106, that the Secretary of the
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1 Navy should plan for, and budget to provide for, the acqui2 sition as soon as possible of a total of 19 large, medium3 speed, roll-on/roll-off (LMSR) vessels (the number deter4 mined to be required in the report entitled ‘‘Mobility Re5 quirements Study Bottom-Up Review Update’’, submitted

6 by the Secretary of Defense to Congress in April 1995),

7 rather than only 17 such vessels (which is the number of

8 vessels under contract as of April 1996).

9 (c) ADDITIONAL NEW CONSTRUCTION CONTRACT OP10 TION.—The Secretary of the Navy should negotiate with

11 each of the two shipyards holding new construction con12 tracts referred to in subsection (a)(1) (Department of the

13 Navy contracts numbered N00024–93–C–2203 and

14 N00024–93–C–2205) for an option under each such con15 tract for construction of one additional such LMSR vessel,

16 with such option to be available to the Secretary for exercise

17 not earlier than fiscal year 1998, subject to the availability

18 of funds authorized and appropriated for such purpose.

19 Nothing in this subsection shall be construed to preclude

20 the Secretary of the Navy from competing the award of the

21 two options between the two shipyards holding new con22 struction contracts referred to in subsection (a)(1).

23 (d) REPORT.—The Secretary of the Navy shall submit

24 to the congressional defense committees, by March 31, 1997,

25 a report stating the intentions of the Secretary regarding
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1 the acquisition of options for the construction of two addi2 tional LMSR vessels as described in subsection (c).

3 (e) REPEAL OF SUPERSEDED PROVISION.—Section

4 1013 of the National Defense Authorization Act for Fiscal

5 Year 1996 (Public Law 104–106; 110 Stat 422) is amended

6 by striking out subsection (c).

7 SEC. 1025. SENSE OF THE SENATE CONCERNING USS LCS

8 102 (LSSL 102).

9 It is the sense of the Senate that the Secretary of De10 fense should use existing authorities in law to seek the expe11 ditious return, upon completion of service, of the former

12 USS LCS 102 (LSSL 102) from the Government of Thai13 land in order for the ship to be transferred to the United

14 States Shipbuilding Museum in Quincy, Massachusetts.

15 Subtitle C—Counter-Drug Activities

16 SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT

17 FOR COUNTER-DRUG ACTIVITIES OF MEXICO.

18 (a) AUTHORITY TO PROVIDE ADDITIONAL SUPPORT.—

19 Subject to subsections (e) and (f), the Secretary of Defense

20 may, during fiscal year 1997, provide the Government of

21 Mexico the support described in subsection (b) for the

22 counter-drug activities of the Government of Mexico. Such

23 support shall be in addition to support provided the Gov24 ernment of Mexico under any other provision of law.
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1 (b) TYPES OF SUPPORT.—The Secretary may provide

2 the following support under subsection (a):

3 (1) The transfer of spare parts and non-lethal

4 equipment and materiel, including radios, night vi5 sion goggles, global positioning systems, uniforms,

6 command, control, communications, and intelligence

(C3 7 I) integration equipment, detection equipment,

8 and monitoring equipment.

9 (2) The maintenance and repair of equipment of

10 the Government of Mexico that is used for counter11 narcotics activities.

12 (c) APPLICABILITY OF OTHER SUPPORT AUTHORI13 TIES.—Except as otherwise provided in this section, the

14 provisions of section 1004 of the National Defense Author15 ization Act for Fiscal Year 1991 (10 U.S.C. 374 note) shall

16 apply to the provision of support under this section.

17 (d) FUNDING.—Of the amounts authorized to be ap18 propriated for fiscal year 1997 for the Department of De19 fense for drug interdiction and counter-drug activities, not

20 more than $10,000,000 shall be available in that fiscal year

21 for the provision of support under this section.

22 (e) LIMITATIONS.—(1) The Secretary may not obligate

23 or expend funds to provide support under this section until

24 15 days after the date on which the Secretary submits to
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1 the committees referred to in paragraph (3) the certification

2 described in paragraph (2).

3 (2) The certification referred to in paragraph (1) is

4 a written certification of the following:

5 (A) That the provision of support under this sec6 tion will not adversely affect the military prepared7 ness of the United States Armed Forces.

8 (B) That the equipment and materiel provided

9 as support will be used only by officials and employ10 ees of the Government of Mexico who have undergone

11 a background check by that government.

12 (C) That the Government of Mexico has certified

13 to the Secretary that—

14 (i) the equipment and material provided as

15 support will be used only by the officials and

16 employees referred to in subparagraph (B);

17 (ii) none of the equipment or materiel will

18 be transferred (by sale, gift, or otherwise) to any

19 person or entity not authorized by the United

20 States to receive the equipment or materiel; and

21 (iii) the equipment and materiel will be

22 used only for the purposes intended by the Unit23 ed States Government.

24 (D) That the Government of Mexico has imple25 mented, to the satisfaction of the Secretary, a system
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1 that will provide an accounting and inventory of the

2 equipment and materiel provided as support.

3 (E) That the departments, agencies, and instru4 mentalities of the Government of Mexico will grant

5 United States Government personnel unrestricted ac6 cess to any of the equipment or materiel provided as

7 support, or to any of the records relating to such

8 equipment or materiel, under terms and conditions

9 similar to the terms and conditions imposed with re10 spect to such access under section 505(a)(3) of the

11 Foreign Assistance Act of 1961 (22 U.S.C.

12 2314(a)(3)).

13 (F) That the Government of Mexico will provide

14 security with respect to the equipment and materiel

15 provided as support that is equivalent to the security

16 that the United States Government would provide

17 with respect to such equipment and materiel.

18 (G) That the Government of Mexico will permit

19 continuous observation and review by United States

20 Government personnel of the use of the equipment and

21 materiel provided as support under terms and condi22 tions similar to the terms and conditions imposed

23 with respect to such observation and review under sec24 tion 505(a)(3) of the Foreign Assistance Act of 1961

25 (22 U.S.C. 2314(a)(3)).
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1 (3) The committees referred to in this paragraph are

2 the following:

3 (A) The Committees on Armed Services and For4 eign Relations of the Senate.

5 (B) The Committees on National Security and

6 International Relations of the House of Representa7 tives.

8 (f) PROHIBITION ON PROVISION OF CERTAIN MILITARY

9 EQUIPMENT.—The Secretary may not provide as support

10 under this section—

11 (1) any article of military equipment for which

12 special export controls are warranted because of the

13 substantial military utility or capability of such

14 equipment;

15 (2) any military equipment identified on the

16 United States Munitions List; or

17 (3) any of the following military equipment

18 (whether or not the equipment has been equipped, re19 equipped, or modified for military operations):

20 (A) Cargo aircraft bearing ‘‘C’’ designa21 tions, including aircraft with designations C–45

22 through C–125, C–131 aircraft, and aircraft

23 bearing ‘‘C’’ designations that use reciprocating

24 engines.
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1 (B) Trainer aircraft bearing ‘‘T’’ designa2 tions, including aircraft bearing such designa3 tions that use reciprocating engines or turboprop

4 engines delivering less than 600 horsepower.

5 (C) Utility aircraft bearing ‘‘U’’ designa6 tions, including UH–1 aircraft and UH/EH–60

7 aircraft and aircraft bearing such designations

8 that use reciprocating engines.

9 (D) Liaison aircraft bearing ‘‘L’’ designa10 tions.

11 (E) Observation aircraft bearing ‘‘O’’ des12 ignations, including OH–58 aircraft and air13 craft bearing such designations that use recip14 rocating engines.

15 (F) Truck, tractors, trailers, and vans, in16 cluding all vehicles bearing ‘‘M’’ designations.

17 SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NA18 TIONAL DRUG INTELLIGENCE CENTER.

19 (a) LIMITATION ON USE OF FUNDS.—Except as pro20 vided in subsection (b), funds appropriated or otherwise

21 made available for the Department of Defense pursuant to

22 this or any other Act may not be obligated or expended for

23 the National Drug Intelligence Center, Johnstown, Penn24 sylvania.
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1 (b) EXCEPTION.—If the Attorney General operates the

2 National Drug Intelligence Center using funds available for

3 the Department of Justice, the Secretary of Defense may

4 continue to provide Department of Defense intelligence per5 sonnel to support intelligence activities at the Center. The

6 number of such personnel providing support to the Center

7 after the date of the enactment of this Act may not exceed

8 the number of the Department of Defense intelligence per9 sonnel who are supporting intelligence activities at the Cen10 ter on the day before such date.

11 SEC. 1033. INVESTIGATION OF THE NATIONAL DRUG INTEL12 LIGENCE CENTER.

13 (a) INVESTIGATION REQUIRED.—The Inspector Gen14 eral of the Department of Defense, the Inspector General

15 of the Department of Justice, the Inspector General of the

16 Central Intelligence Agency, and the Comptroller General

17 of the United States shall—

18 (1) jointly investigate the operations of the Na19 tional Drug Intelligence Center, Johnstown, Penn20 sylvania; and

21 (2) not later than March 31, 1997, jointly sub22 mit to the President pro tempore of the Senate and

23 the Speaker of the House of Representatives a report

24 on the results of the investigation.
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1 (b) CONTENT OF REPORT.—The joint report shall con2 tain a determination regarding whether there is a signifi3 cant likelihood that the funding of the operation of the Na4 tional Drug Intelligence Center, a domestic law enforcement

5 program, through an appropriation under the control of the

6 Director of Central Intelligence will result in a violation

7 of the National Security Act of 1947 or Executive Order

8 12333.

9 Subtitle D—Matters Relating to

10 Foreign Countries

11 SEC. 1041. AGREEMENTS FOR EXCHANGE OF DEFENSE PER12 SONNEL BETWEEN THE UNITED STATES AND

13 FOREIGN COUNTRIES.

14 (a) EXCHANGE AUTHORITY.—Subchapter II of chapter

15 138 of title 10, United States Code, is amended by adding

16 at the end the following new section:

17 ‘‘§ 2350l. Exchange of defense personnel between the

18 United States and foreign countries

19 ‘‘(a) INTERNATIONAL EXCHANGE AGREEMENTS AU20 THORIZED.—The Secretary of Defense is authorized to enter

21 into agreements with the governments of allies of the United

22 States and other friendly foreign countries for the exchange

23 of military and civilian personnel of the Department of De24 fense and military and civilian personnel of the defense

25 ministries of such foreign governments.
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1 ‘‘(b) ASSIGNMENT OF PERSONNEL.—(1) Pursuant to

2 an agreement entered into under subsection (a), personnel

3 of the defense ministry of a foreign government may be as4 signed to positions in the Department of Defense, and per5 sonnel of the Department of Defense may be assigned to po6 sitions in the defense ministry of that foreign government.

7 Positions to which exchanged personnel are assigned may

8 include positions of instructors.

9 ‘‘(2) An agreement for the exchange of personnel en10 gaged in research and development activities may provide

11 for assignment of Department of Defense personnel to posi12 tions in private industry that support the defense ministry

13 of the host foreign government.

14 ‘‘(3) A specific position and the individual to be as15 signed to that position shall be acceptable to both govern16 ments.

17 ‘‘(c) RECIPROCITY OF PERSONNEL QUALIFICATIONS

18 REQUIRED.—Each government shall be required under an

19 agreement authorized by subsection (a) to provide personnel

20 having qualifications, training, and skills that are essen21 tially equal to those of the personnel provided by the other

22 government.

23 ‘‘(d) PAYMENT OF PERSONNEL COSTS.—(1) Each gov24 ernment shall pay the salary, per diem, cost of living, trav25 el, cost of language or other training, and other costs for
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1 its own personnel in accordance with the laws and regula2 tions of such government that pertain to such matters.

3 ‘‘(2) The requirement in paragraph (1) does not apply

4 to the following costs:

5 ‘‘(A) Cost of temporary duty directed by the host

6 government.

7 ‘‘(B) Costs of training programs conducted to fa8 miliarize, orient, or certify exchanged personnel re9 garding unique aspects of the exchanged personnel’s

10 assignments.

11 ‘‘(C) Costs incident to the use of host government

12 facilities in the performance of assigned duties.

13 ‘‘(e) PROHIBITED CONDITIONS.—No personnel ex14 changed pursuant to an agreement under this section may

15 take or be required to take an oath of allegiance to the host

16 country or to hold an official capacity in the government

17 of such country.

18 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Nothing

19 in this section limits any authority of the secretaries of the

20 military departments to enter into an agreement with the

21 government of a foreign country to provide for exchange of

22 members of the armed forces and military personnel of the

23 foreign country except that subsections (c) and (d) shall

24 apply in the exercise of that authority. The Secretary of
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1 Defense may prescribe regulations for the application of

2 such subsections in the exercise of such authority.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of subchapter II of such chapter is amended

5 by adding at the end the following new item:

‘‘2350l. Exchange of defense personnel between the United States and foreign countries.’’.

6 SEC. 1042. AUTHORITY FOR RECIPROCAL EXCHANGE OF

7 PERSONNEL BETWEEN THE UNITED STATES

8 AND FOREIGN COUNTRIES FOR FLIGHT

9 TRAINING.

10 Section 544 of the Foreign Assistance Act of 1961 (22

11 U.S.C. 2347c) is amended—

12 (1) by inserting ‘‘, and for attendance of foreign

13 military personnel at flight training schools or pro14 grams (including test pilot schools) in the United

15 States,’’ after ‘‘(other than service academies)’’; and

16 (2) by striking out ‘‘and comparable institu17 tions’’ and inserting in lieu thereof ‘‘ or flight train18 ing schools or programs, as the case may be, and com19 parable institutions, schools, or programs’’.

20 SEC. 1043. EXTENSION OF COUNTERPROLIFERATION AU21 THORITIES.

22 Section 1505 of the Weapons of Mass Destruction Con23 trol Act of 1992 (title XV of Public Law 104–484; 22 U.S.C.

24 5859a) is amended—
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1 (1) in subsection (d)(3)—

2 (A) by striking out ‘‘fiscal year 1995, or’’

3 and inserting in lieu thereof ‘‘fiscal year 1995,’’;

4 and

5 (B) by inserting before the period at the end

6 the following: ‘‘, $15,000,000 for fiscal year 1997,

7 or $15,000,000 for fiscal year 1998’’; and

8 (2) in subsection (f), by striking out ‘‘fiscal year

9 1996’’ and inserting in lieu thereof ‘‘fiscal year

10 1998’’.

11 SEC. 1044. PROHIBITION ON COLLECTION AND RELEASE OF

12 DETAILED SATELLITE IMAGERY RELATING TO

13 ISRAEL AND OTHER COUNTRIES AND AREAS.

14 (a) COLLECTION AND DISSEMINATION.—No depart15 ment or agency of the Federal Government may license the

16 collection or dissemination by any non-Federal entity of

17 satellite imagery with respect to Israel, or to any other

18 country or geographic area designated by the President for

19 this purpose, unless such imagery is no more detailed or

20 precise than satellite imagery of the country or geographic

21 area concerned that is routinely available from commercial

22 sources.

23 (b) DECLASSIFICATION AND RELEASE.—No depart24 ment or agency of the Federal Government may declassify

25 or otherwise release satellite imagery with respect to Israel,
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1 or to any other country or geographic area designated by

2 the President for this purpose, unless such imagery is no

3 more detailed or precise than satellite imagery of the coun4 try or geographic area concerned that is routinely available

5 from commercial sources.

6 SEC. 1045. DEFENSE BURDENSHARING.

7 (a) FINDINGS.—Congress makes the following findings:

8 (1) The United States continues to spend billions

9 of dollars to promote regional security and to make

10 preparations for regional contingencies.

11 (2) United States defense expenditures promote

12 United States national security interests; however,

13 they also significantly contribute to the defense of our

14 allies.

15 (3) In 1993, the gross domestic product of the

16 United States equaled $6,300,000,000,000, while the

17 gross domestic product of other NATO member coun18 tries totaled $7,200,000,000,000.

19 (4) Over the course of 1993, the United States

20 spent 4.7 percent of its gross domestic product on de21 fense, while other NATO members collectively spent

22 2.5 percent of their gross domestic product on defense.

23 (5) In addition to military spending, foreign as24 sistance plays a vital role in the establishment and

25 maintenance of stability in other nations and in im-
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1 plementing the United States national security strat2 egy.

3 (6) This assistance has often prevented the out4 break of conflicts which otherwise would have required

5 costly military interventions by the United States

6 and our allies.

7 (7) From 1990–1993, the United States spent

8 $59,000,000,000 in foreign assistance, a sum which

9 represents an amount greater than any other nation

10 in the world.

11 (8) In 1995, the United States spent over

12 $10,000,000,000 to promote European security, while

13 European NATO nations only contributed

14 $2,000,000,000 toward this effort.

15 (9) With a smaller gross domestic product and a

16 larger defense budget than its European NATO allies,

17 the United States shoulders an unfair share of the

18 burden of the common defense.

19 (10) Japan now pays over 75 percent of the non20 personnel costs incurred by United States military

21 forces permanently assigned there, while our Euro22 pean allies pay for less than 25 percent of these same

23 costs. Japan signed a new Special Measures Agree24 ment this year which will increase Japan’s contribu25 tion toward the cost of stationing United States
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1 troops in Japan by approximately $30,000,000 a

2 year over the next five years.

3 (11) These increased contributions help to rectify

4 the imbalance in the burden shouldered by the United

5 States for the common defense.

6 (12) The relative share of the burden of the com7 mon defense still falls too heavily on the United

8 States, and our allies should dedicate more of their

9 own resources to defending themselves.

10 (b) EFFORTS TO INCREASE ALLIED

11 BURDENSHARING.—The President shall seek to have each

12 nation that has cooperative military relations with the

13 United States (including security agreements, basing ar14 rangements, or mutual participation in multinational

15 military organizations or operations) take one or more of

16 the following actions:

17 (1) Increase its financial contributions to the

18 payment of the nonpersonnel costs incurred by the

19 United States Government for stationing United

20 States military personnel in that nation, with a goal

21 of achieving the following percentages of such costs:

22 (A) By September 30, 1997, 37.5 percent.

23 (B) By September 30, 1998, 50 percent.

24 (C) By September 30, 1999, 62.5 percent.

25 (D) By September 30, 2000, 75 percent.
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1 An increase in financial contributions by any nation

2 under this paragraph may include the elimination of

3 taxes, fees, or other charges levied on United States

4 military personnel, equipment, or facilities stationed

5 in that nation.

6 (2) Increase its annual budgetary outlays for na7 tional defense as a percentage of its gross domestic

8 product by 10 percent or at least to a level commensu9 rate to that of the United States by September 30,

10 1997.

11 (3) Increase its annual budgetary outlays for for12 eign assistance (to promote democratization, economic

13 stabilization, transparency arrangements, defense eco14 nomic conversion, respect for the rule of law, and

15 internationally recognized human rights) by 10 per16 cent or at least to a level commensurate to that of the

17 United States by September 30, 1997.

18 (4) Increase the amount of military assets (in19 cluding personnel, equipment, logistics, support and

20 other resources) that it contributes, or would be pre21 pared to contribute, to multinational military activi22 ties worldwide.

23 (c) AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED

24 STATES ALLIES.—In seeking the actions described in sub25 section (b) with respect to any nation, or in response to
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1 a failure by any nation to undertake one or more of such

2 actions, the President may take any of the following meas3 ures:

4 (1) Reduce the end strength level of members of

5 the Armed Forces assigned to permanent duty ashore

6 in that nation.

7 (2) Impose on that nation taxes, fees, or other

8 charges similar to those that such nation imposes on

9 United States forces stationed in that nation.

10 (3) Reduce (through rescission, impoundment, or

11 other appropriate procedures as authorized by law)

12 the amount the United States contributes to the

13 NATO Civil Budget, Military Budget, or Security In14 vestment Program.

15 (4) Suspend, modify, or terminate any bilateral

16 security agreement the United States has with that

17 nation.

18 (5) Reduce (through rescission, impoundment or

19 other appropriate procedures as authorized by law)

20 any United States bilateral assistance appropriated

21 for that nation.

22 (6) Take any other action the President deter23 mines to be appropriate as authorized by law.
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1 (d) REPORT ON PROGRESS IN INCREASING ALLIED

2 BURDENSHARING.—Not later than March 1, 1997, the Sec3 retary of Defense shall submit to Congress a report on—

4 (1) steps taken by other nations to complete the

5 actions described in subsection (b);

6 (2) all measures taken by the President, includ7 ing those authorized in subsection (c), to achieve the

8 actions described in subsection (b); and

9 (3) the budgetary savings to the United States

10 that are expected to accrue as a result of the steps de11 scribed under paragraph (1).

12 (e) REPORT ON NATIONAL SECURITY BASES FOR FOR13 WARD DEPLOYMENT AND BURDENSHARING RELATION14 SHIPS.—(1) In order to ensure the best allocation of budg15 etary resources, the President shall undertake a review of

16 the status of elements of the United States Armed Forces

17 that are permanently stationed outside the United States.

18 The review shall include an assessment of the following:

19 (A) The alliance requirements that are to be

20 found in agreements between the United States and

21 other countries.

22 (B) The national security interests that support

23 permanently stationing elements of the United States

24 Armed Forces outside the United States.
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1 (C) The stationing costs associated with the for2 ward deployment of elements of the United States

3 Armed Forces.

4 (D) The alternatives available to forward deploy5 ment (such as material prepositioning, enhanced air6 lift and sealift, or joint training operations) to meet

7 such alliance requirements or national security inter8 ests, with such alternatives identified and described in

9 detail.

10 (E) The costs and force structure configurations

11 associated with such alternatives to forward deploy12 ment.

13 (F) The financial contributions that allies of the

14 United States make to common defense efforts (to pro15 mote democratization, economic stabilization, trans16 parency arrangements, defense economic conversion,

17 respect for the rule of law, and internationally recog18 nized human rights).

19 (G) The contributions that allies of the United

20 States make to meeting the stationing costs associated

21 with the forward deployment of elements of the Unit22 ed States Armed Forces.

23 (H) The annual expenditures of the United

24 States and its allies on national defense, and the rel-
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1 ative percentages of each nation’s gross domestic prod2 uct constituted by those expenditures.

3 (2) The President shall submit to Congress a report

4 on the review under paragraph (1). The report shall be sub5 mitted not later than March 1, 1997, in classified and un6 classified form.

7 SEC. 1046. SENSE OF THE SENATE CONCERNING EXPORT

8 CONTROLS.

9 (a) FINDINGS.—The Senate makes the following find10 ings:

11 (1) Export controls are a part of a comprehen12 sive response to national security threats. United

13 States exports should be restricted where those threats

14 exist to national security, nonproliferation, and for15 eign policy interests of the United States.

16 (2) The export of certain commodities and tech17 nology may adversely affect the national security and

18 foreign policy of the United States by making a sig19 nificant contribution to the military potential of in20 dividual countries or by disseminating the capability

21 to design, develop, test, produce, stockpile, or use

22 weapons of mass destruction, missile delivery systems,

23 and other significant military capabilities. Therefore,

24 the administration of export controls should empha25 size the control of these exports.
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1 (3) The acquisition of sensitive commodities and

2 technologies by those countries and end users whose

3 actions or policies run counter to United States na4 tional security or foreign policy interests may en5 hance the military capabilities of those countries, par6 ticularly their ability to design, develop, test, produce,

7 stockpile, use, and deliver nuclear, chemical, and bio8 logical weapons, missile delivery systems, and other

9 significant military capabilities. This enhancement

10 threatens the security of the United States and its al11 lies. The availability to countries and end users of

12 items that contribute to military capabilities or the

13 proliferation of weapons of mass destruction is a fun14 damental concern of the United States and should be

15 eliminated through deterrence, negotiations, and other

16 appropriate means whenever possible.

17 (4) The national security of the United States

18 depends not only on wise foreign policies and a

19 strong defense, but also a vibrant national economy.

20 To be truly effective, export controls should be applied

21 uniformly by all suppliers.

22 (5) On November 5, 1995, President William J.

23 Clinton extended Executive Order No. 12938 regard24 ing ‘‘Weapons of Mass Destruction’’, and ‘‘declared a

25 national emergency with respect to the unusual and
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1 extraordinary threat to the national security, foreign

2 policy, and economy of the United States posed by the

3 proliferation of nuclear, biological, and chemical

4 weapons and the means of delivering such weapons’’.

5 (6) A successor regime to COCOM (the Coordi6 nating Commission on Multilateral Controls) has not

7 been established. Currently, each nation is determin8 ing independently which dual-use military items, if

9 any, will be controlled for export.

10 (7) The United States should play a leading role

11 in promoting transparency and responsibility with

12 regard to the transfers of sensitive dual-use goods and

13 technologies.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that—

16 (1) establishing an international export control

17 regime, empowered to control exports of dual-use tech18 nology, is critically important and should become a

19 top priority for the United States; and

20 (2) the United States should strongly encourage

21 its allies and friends to—

22 (A) adopt a commodity control list which

23 governs the same or similar items as are con24 trolled by the United States Commodity Control

25 list;
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1 (B) strengthen enforcement activities; and

2 (C) explore the use of unilateral export con3 trols where the possibility exists that an export

4 could contribute to proliferation.

5 SEC. 1047. REPORT ON NATO ENLARGEMENT.

6 (a) REPORT.—Not later than December 1, 1996, the

7 President shall transmit a report on NATO enlargement to

8 the Committee on Armed Services and the Committee on

9 Foreign Relations of the Senate and the Committee on Na10 tional Security and the Committee on International Rela11 tions of the House of Representatives. The report shall con12 tain a comprehensive discussion of the following:

13 (1) Geopolitical and financial costs and benefits,

14 including financial savings, associated with—

15 (A) enlargement of NATO;

16 (B) further delays in the process of NATO

17 enlargement; and

18 (C) a failure to enlarge NATO.

19 (2) Additional NATO and United States mili20 tary expenditures requested by prospective NATO

21 members to facilitate their admission into NATO.

22 (3) Modifications necessary in NATO’s military

23 strategy and force structure required by the inclusion

24 of new members and steps necessary to integrate new

25 members, including the role of nuclear and conven-
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1 tional capabilities, reinforcement, force deployments,

2 prepositioning of equipment, mobility, and head3 quarter locations.

4 (4) The relationship between NATO enlargement

5 and transatlantic stability and security.

6 (5) The state of military preparedness and inter7 operability of Central and Eastern European nations

8 as it relates to the responsibilities of NATO member9 ship and additional security costs or benefits that

10 may accrue to the United States from NATO enlarge11 ment.

12 (6) The state of democracy and free market de13 velopment as it affects the preparedness of Central

14 and Eastern European nations for the responsibilities

15 of NATO membership, including civilian control of

16 the military, the rule of law, human rights, and par17 liamentary oversight.

18 (7) The state of relations between prospective

19 NATO members and their neighbors, steps taken by

20 prospective members to reduce tensions, and mecha21 nisms for the peaceful resolution of border disputes.

22 (8) The commitment of prospective NATO mem23 bers to the principles of the North Atlantic Treaty

24 and the security of the North Atlantic area.
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1 (9) The effect of NATO enlargement on the polit2 ical, economic, and security conditions of European

3 Partnership for Peace nations not among the first

4 new NATO members.

5 (10) The relationship between NATO enlarge6 ment and EU enlargement and the costs and benefits

7 of both.

8 (11) The relationship between NATO enlarge9 ment and treaties relevant to United States and Eu10 ropean security, such as the Conventional Armed

11 Forces in Europe Treaty.

12 (12) The anticipated impact both of NATO en13 largement and further delays of NATO enlargement

14 on Russian foreign and defense policies and the costs

15 and benefits of a security relationship between NATO

16 and Russia.

17 (b) INDEPENDENT ASSESSMENT.—Not later than 15

18 days after enactment of this Act, the Majority Leader of

19 the Senate and the Speaker of the House of Representatives

20 shall appoint a chairman and two other Members and the

21 Minority Leaders of the Senate and House of Representa22 tives shall appoint two Members to serve on a bipartisan

23 review group of nongovernmental experts to conduct an

24 independent assessment of NATO enlargement, including a

25 comprehensive review of the issues in subsection (a) (1)
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1 through (12) above. The report of the review group shall

2 be completed no later than December 1, 1996. The Secretary

3 of Defense shall furnish the review group administrative

4 and support services requested by the review group. The ex5 penses of the review group shall be paid out of funds avail6 able for the payment of similar expenses incurred by the

7 Department of Defense.

8 (c) INTERPRETATION.—Nothing in this section should

9 be interpreted or construed to affect the implementation of

10 the NATO Participation Act of 1994, as amended (Public

11 Law 103–447), or any other program or activity which fa12 cilitates or assists prospective NATO members.

13 Subtitle E—Miscellaneous

14 Reporting Requirements

15 SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL

16 CONCEPTS.

17 (a) REPORT REQUIRED.—Not later than March 1 of

18 each year, the Chairman of the Joint Chiefs of Staff shall

19 submit to the Committee on Armed Services of the Senate

20 and the Committee on National Security of the House of

21 Representatives a report on emerging operational concepts.

22 The report shall contain a description, for the year preced23 ing the year in which submitted, of the following:

24 (1) The process undertaken in each of the Army,

25 Navy, Air Force, and Marine Corps to define and de-
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1 velop doctrine, operational concepts, organizational

2 concepts, and acquisition strategies based on—

3 (A) the potential of emerging technologies

4 for significantly improving the operational effec5 tiveness of that armed force;

6 (B) changes in the international order that

7 may necessitate changes in the operational capa8 bilities of that armed force;

9 (C) emerging capabilities of potential ad10 versary states; and

11 (D) changes in defense budget projections

12 that put existing acquisition programs of the

13 service at risk.

14 (2) The manner in which the process undertaken

15 in each of the Army, Navy, Air Force, and Marine

16 Corps is harmonized with a joint vision and with the

17 similar processes of the other armed forces to ensure

18 that there is a sufficient consideration of the develop19 ment of joint doctrine, operational concepts, and ac20 quisition strategies.

21 (3) The manner in which the process undertaken

22 by each of the Army, Navy, Air Force, and Marine

23 Corps is coordinated through the Joint Requirements

24 Oversight Council or another entity to ensure that the

25 results of the process are considered in the planning,
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1 programming, and budgeting process of the Depart2 ment of Defense.

3 (4) Proposals under consideration by the Joint

4 Requirements Oversight Council or other entity with5 in the Department of Defense to modify the roles and

6 missions of any of the Army, Navy, Air Force, and

7 Marine Corps as a result of the processes described in

8 paragraph (1).

9 (b) FIRST REPORT.—The first report under this sec10 tion shall be submitted not later than March 1, 1997.

11 (c) TERMINATION OF REQUIREMENT AFTER FOURTH

12 REPORT.—Notwithstanding subsection (a), no report is re13 quired under this section after 2000.

14 SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND

15 TECHNOLOGY PLAN.

16 (a) ANNUAL PLAN REQUIRED.—On March 1 of each

17 year, the Secretary of Defense shall submit to the Committee

18 on Armed Services of the Senate and the Committee on Na19 tional Security of the House of Representatives a plan for

20 ensuring that the science and technology program of the De21 partment of Defense supports the development of the future

22 joint warfighting capabilities identified as priority require23 ments for the Armed Forces.

24 (b) FIRST PLAN.—The first plan shall be submitted not

25 later than March 1, 1997.
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1 SEC. 1053. REPORT ON MILITARY READINESS REQUIRE2 MENTS OF THE ARMED FORCES.

3 (a) REQUIREMENT.—Not later than January 31, 1997,

4 the Chairman of the Joint Chiefs of Staff shall submit to

5 the congressional defense committees a report on the mili6 tary readiness requirements of the active and reserve com7 ponents of the Armed Forces (including combat units, com8 bat support units, and combat service support units) pre9 pared by the officers referred to in subsection (b). The report

10 shall assess such requirements under a tiered readiness and

11 response system that categorizes a given unit according to

12 the likelihood that it will be required to respond to a mili13 tary conflict and the time in which it will be required to

14 respond.

15 (b) OFFICERS.—The report required by subsection (a)

16 shall be prepared jointly by the Chief of Staff of the Army,

17 the Chief of Naval Operations, the Chief of Staff of the Air

18 Force, the Commandant of the Marine Corps, and the Com19 mander of the Special Operations Command.

20 (c) ASSESSMENT SCENARIO.—The report shall assess

21 readiness requirements in a scenario based on the following

22 assumptions:

23 (1) The conflict is in a generic theater of oper24 ations located anywhere in the world and does not ex25 ceed the notional limits for a major regional contin26 gency.
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1 (2) The forces available for deployment include

2 the forces described in the Bottom Up Review force

3 structure, including all planned force enhancements.

4 (3) Assistance is not available from allies.

5 (d) ASSESSMENT ELEMENTS.—The report shall iden6 tify by unit type, and assess the readiness requirements of,

7 all active and reserve component units. Each such unit shall

8 be categorized within one of the following classifications:

9 (1) Forward-deployed and crisis response forces,

10 or ‘‘Tier I’’ forces, that possess limited internal

11 sustainment capability and do not require immediate

12 access to regional air bases or ports or overflight

13 rights, including the following:

14 (A) Force units that are routinely deployed

15 forward at sea or on land outside the United

16 States.

17 (B) Combat-ready crises response forces that

18 are capable of mobilizing and deploying within

19 10 days after receipt of orders.

20 (C) Forces that are supported by

21 prepositioning equipment afloat or are capable

22 of being inserted into a theater upon the capture

23 of a port or airfield by forcible entry forces.
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1 (2) Combat-ready follow-on forces, or ‘‘Tier II’’

2 forces, that can be mobilized and deployed to a theater

3 within approximately 60 days after receipt of orders.

4 (3) Combat-ready conflict resolution forces, or

5 ‘‘Tier III’’ forces, that can be mobilized and deployed

6 to a theater within approximately 180 days after re7 ceipt of orders.

8 (4) All other active and reserve component force

9 units which are not categorized within a classifica10 tion described in paragraph (1), (2), or (3).

11 (e) FORM OF REPORT.—The report under this section

12 shall be submitted in unclassified form but may contain

13 a classified annex.

14 SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY

15 BOARD.

16 Section 113(c) of title 10, United States Code, is

17 amended—

18 (1) by striking out paragraph (3);

19 (2) by redesignating paragraphs (1), (2), and (4)

20 as subparagraphs (A), (B), and (C), respectively;

21 (3) by inserting ‘‘(1)’’ after ‘‘(c)’’;

22 (4) by inserting ‘‘and’’ at the end of subpara23 graph (B), as redesignated by paragraph (2); and

24 (5) by adding at the end the following:
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1 ‘‘(2) At the same time that the Secretary submits the

2 annual report under paragraph (1), the Secretary shall

3 transmit to the President and Congress a separate report

4 from the Reserve Forces Policy Board on the reserve pro5 grams of the Department of Defense and on any other mat6 ters that the Reserve Forces Policy Board considers appro7 priate to include in the report.’’.

8 SEC. 1055. INFORMATION ON PROPOSED FUNDING FOR THE

9 GUARD AND RESERVE COMPONENTS IN FU10 TURE-YEARS DEFENSE PROGRAMS.

11 (a) REQUIREMENT.—The Secretary of Defense shall

12 specify in each future-years defense program submitted to

13 Congress after the date of the enactment of this Act the esti14 mated expenditures and proposed appropriations for the

15 procurement of equipment and for military construction for

16 each of the Guard and Reserve components.

17 (b) DEFINITION.—For purposes of this section, the

18 term ‘‘Guard and Reserve components’’ means the follow19 ing:

20 (1) The Army Reserve.

21 (2) The Army National Guard of the United

22 States.

23 (3) The Naval Reserve.

24 (4) The Marine Corps Reserve.

25 (5) The Air Force Reserve.
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1 (6) The Air National Guard of the United

2 States.

3 SEC. 1056. REPORT ON FACILITIES USED FOR TESTING

4 LAUNCH VEHICLE ENGINES.

5 (a) REPORT REQUIRED.—Not later than 30 days after

6 the date of the enactment of this Act, the Secretary of De7 fense, in consultation with the Administrator of the Na8 tional Aeronautics and Space Administration, shall submit

9 to Congress a report on the facilities used for testing launch

10 vehicle engines.

11 (b) CONTENT OF REPORT.—The report shall contain

12 an analysis of the duplication between Air Force and Na13 tional Aeronautics and Space Administration hydrogen

14 rocket test facilities and the potential benefits of further co15 ordinating activities at such facilities.

16 Subtitle F—Other Matters

17 SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMEND18 MENTS.

19 (a) TECHNICAL AMENDMENT REGARDING FORFEIT20 URES DURING CONFINEMENT ADJUDGED BY A COURT-MAR21 TIAL.—(1) Section 858b(a)(1) of title 10, United States

22 Code (article 58b(a)(1) of the Uniform Code of Military

23 Justice), is amended—
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1 (A) in the first sentence, by inserting ‘‘(if ad2 judged by a general court-martial)’’ after ‘‘all pay

3 and’’; and

4 (B) in the third sentence, by striking out ‘‘two5 thirds of all pay and allowances’’ and inserting in

6 lieu thereof ‘‘two-thirds of all pay’’.

7 (2) The amendments made by paragraph (1) shall take

8 effect as of April 1, 1996, and shall apply to any case in

9 which a sentence is adjudged by a court-martial on or after

10 that date.

11 (b) EXCEPTED SERVICE APPOINTMENTS TO CERTAIN

12 NONATTORNEY POSITIONS OF THE UNITED STATES COURT

13 OF APPEALS FOR THE ARMED FORCES..—(1) Subsection (c)

14 of section 943 of title 10, United States Code (article 143(c)

15 of the Uniform Code of Military Justice) is amended in

16 paragraph (1), by inserting after the first sentence the fol17 lowing: ‘‘A position of employment under the Court that

18 is provided primarily for the service of one judge of the

19 court, reports directly to the judge, and is a position of a

20 confidential character is excepted from the competitive serv21 ice.’’.

22 (2) The caption for such subsection is amended by

23 striking out ‘‘ATTORNEY’’ in the subsection caption and in24 serting in lieu thereof ‘‘CERTAIN’’.
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1 (c) REPEAL OF 13-YEAR SPECIAL LIMIT ON TERM OF

2 TRANSITIONAL JUDGE OF UNITED STATES COURT OF AP3 PEALS FOR THE ARMED FORCES.—(1) Subsection (d)(2) of

4 section 1301 of the National Defense Authorization Act for

5 Fiscal Years 1990 and 1991 (Public Law 101–189; 103

6 Stat. 1575; 10 U.S.C. 942 note) is amended by striking out

7 ‘‘to the judges who are first appointed to the two new posi8 tions of the court created as of October 1, 1990—’’ and all

9 that follows and inserting in lieu thereof ‘‘to the judge who

10 is first appointed to one of the two new positions of the

11 court created as of October 1, 1990, as designated by the

12 President at the time of appointment, the anniversary re13 ferred to in subparagraph (A) of that paragraph shall be

14 treated as being the seventh anniversary and the number

15 of years referred to in subparagraph (B) of that paragraph

16 shall be treated as being seven.’’.

17 (2) Subsection (e)(1) of such section is amended by

18 striking out ‘‘each judge’’ and inserting in lieu thereof ‘‘a

19 judge’’.

20 SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLE21 MENT OF STRATEGIC NUCLEAR DELIVERY

22 SYSTEMS.

23 (a) FUNDING LIMITATION.—Funds available to the De24 partment of Defense may not be obligated or expended dur25 ing fiscal year 1997 for retiring or dismantling, or for pre-
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1 paring to retire or dismantle, any of the following strategic

2 nuclear delivery systems:

3 (1) B-52H bomber aircraft.

4 (2) Trident ballistic missile submarines.

5 (3) Minuteman III intercontinental ballistic

6 missiles.

7 (4) Peacekeeper intercontinental ballistic mis8 siles.

9 (b) WAIVER AUTHORITY.—If the START II Treaty en10 ters into force during fiscal year 1997, the Secretary of De11 fense may waive the application of the limitation under

12 paragraphs (2), (3), and (4) of subsection (a) to Trident

13 ballistic missile submarines, Minuteman III interconti14 nental ballistic missiles, and Peacekeeper intercontinental

15 ballistic missiles, respectively, to the extent that the Sec16 retary determines necessary in order to implement the trea17 ty.

18 (c) START II TREATY DEFINED.—In this section, the

19 term ‘‘START II Treaty’’ means the Treaty Between the

20 United States of America and the Russian Federation on

21 Further Reduction and Limitation of Strategic Offensive

22 Arms, signed at Moscow on January 3, 1993, including the

23 following protocols and memorandum of understanding, all

24 such documents being integral parts of and collectively re-
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1 ferred to as the ‘‘START II Treaty’’ (contained in Treaty

2 Document 103–1):

3 (1) The Protocol on Procedures Governing Elimi4 nation of Heavy ICBMs and on Procedures Govern5 ing Conversion of Silo Launchers of Heavy ICBMs

6 Relating to the Treaty Between the United States of

7 America and the Russian Federation on Further Re8 duction and Limitation of Strategic Offensive Arms

9 (also known as the ‘‘Elimination and Conversion Pro10 tocol’’).

11 (2) The Protocol on Exhibitions and Inspections

12 of Heavy Bombers Relating to the Treaty Between the

13 United States and the Russian Federation on Further

14 Reduction and Limitation of Strategic Offensive

15 Arms (also known as the ‘‘Exhibitions and Inspec16 tions Protocol’’).

17 (3) The Memorandum of Understanding on War18 head Attribution and Heavy Bomber Data Relating

19 to the Treaty Between the United States of America

20 and the Russian Federation on Further Reduction

21 and Limitation of Strategic Offensive Arms (also

22 known as the ‘‘Memorandum on Attribution’’).

23 (d) RETENTION OF B–52H AIRCRAFT ON ACTIVE STA24 TUS.—(1) The Secretary of the Air Force shall maintain

25 in active status (including the performance of standard
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1 maintenance and upgrades) the current fleet of B–52H

2 bomber aircraft.

3 (2) For purposes of carrying out upgrades of B–52H

4 bomber aircraft during fiscal year 1997, the Secretary shall

5 treat the entire current fleet of such aircraft as aircraft ex6 pected to be maintained in active status during the five7 year period beginning on October 1, 1996.

8 SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT

9 OF DEFENSE ORGANIZATIONS.

10 (a) NORTH AMERICAN AEROSPACE DEFENSE COM11 MAND.—Section 162 of title 10, United States Code, is

12 amended in paragraphs (1), (2), and (3) of subsection (a)

13 by striking out ‘‘North American Air Defense Command’’

14 and inserting in lieu thereof ‘‘North American Aerospace

15 Defense Command’’.

16 (b) DEFENSE DISTRIBUTION CENTER, ANNISTON.—

17 The Corporation for the Promotion of Rifle Practice and

18 Firearms Safety Act (title XVI of Public Law 104–106; 110

19 Stat. 515; 36 U.S.C. 5501 et seq.) is amended by striking

20 out ‘‘Anniston Army Depot’’ each place it appears in the

21 following provisions and inserting in lieu thereof ‘‘Defense

22 Distribution Depot, Anniston’’:

23 (1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).

24 (2) Section 1616(b) (36 U.S.C. 5506(b)).

25 (3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).
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1 SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE

2 ARMED FORCES TO PERFORM NOTARIAL OR

3 CONSULAR ACTS.

4 Section 1044a(b) of title 10, United States Code, is

5 amended—

6 (1) in paragraph (1), by striking out ‘‘on active

7 duty or performing inactive-duty for training’’ and

8 inserting in lieu thereof ‘‘of the armed forces, includ9 ing members of reserve components who are judge ad10 vocates (whether or not in a duty status)’’;

11 (2) in paragraph (3), by striking out ‘‘adjutants

12 on active duty or performing inactive-duty training’’

13 and inserting in lieu thereof ‘‘adjutants, including

14 members of reserve components acting as such an ad15 jutant (whether or not in a duty status)’’; and

16 (3) in paragraph (4), by striking out ‘‘persons

17 on active duty or performing inactive-duty training’’

18 and inserting in lieu thereof ‘‘members of the armed

19 forces, including members of reserve components

20 (whether or not in a duty status),’’.

21 SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED

22 SERVICES AT NON-GOVERNMENT FACILITIES.

23 (a) USE OF NON-GOVERNMENT FACILITIES.—Section

24 4105 of title 5, United States Code, is amended—
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1 (1) by inserting ‘‘and members of a uniformed

2 service under the jurisdiction of the head of the agen3 cy’’ after ‘‘employees of the agency’’; and

4 (2) by adding at the end the following: ‘‘For the

5 purposes of this section, the term ‘agency’ includes a

6 military department.’’.

7 (b) EXPENSES OF TRAINING.—Section 4109 of such

8 title is amended—

9 (1) in subsection (a)—

10 (A) in the matter preceding paragraph (1),

11 by striking out ‘‘under regulations prescribed

12 under section 4118(a)(8) of this title and’’;

13 (B) in paragraph (1), by inserting after

14 ‘‘an employee of the agency’’ the following: ‘‘, or

15 the pay of a member of a uniformed service

16 within the agency, who is’’; and

17 (C) in paragraph (2)—

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘or member of a

20 uniformed service’’ after ‘‘reimburse the em21 ployee’’;

22 (ii) in subparagraph (A), by striking

23 out ‘‘commissioned officers of the National

24 Oceanic and Atmospheric Administration’’
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1 and inserting in lieu thereof ‘‘a member of

2 a uniformed service’’; and

3 (iii) in subparagraph (B), by striking

4 out ‘‘commissioned officers of the National

5 Oceanic and Atmospheric Administration’’

6 and inserting in lieu thereof ‘‘a member of

7 a uniformed service’’; and

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

9 ‘‘(d) In the exercise of authority under subsection (a)

10 with respect to an employee of an agency, the head of the

11 agency shall comply with regulations prescribed under sec12 tion 4118(a)(8) of this title.

13 ‘‘(e) For the purposes of this section, the term ‘agency’

14 includes a military department.’’.

15 SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR

16 TORTIOUS INFLICTION OF INJURY OR DIS17 EASE ON MEMBERS OF THE UNIFORMED

18 SERVICES.

19 (a) RECOVERY OF PAY AND ALLOWANCES.—Section 1

20 of Public Law 87–693 (42 U.S.C. 2651) is amended—

21 (1) in the first sentence of subsection (a)—

22 (A) by inserting ‘‘or pay for’’ after ‘‘re23 quired by law to furnish’’; and

24 (B) by striking out ‘‘or to be furnished’’

25 each place that phrase appears and inserting in
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1 lieu thereof ‘‘, to be furnished, paid for, or to be

2 paid for’’;

3 (2) by redesignating subsections (b) and (c) as

4 subsections (d) and (e), respectively;

5 (3) by inserting after subsection (a), the follow6 ing new subsections:

7 ‘‘(b) If a member of the uniformed services is injured,

8 or contracts a disease, under circumstances creating a tort

9 liability upon a third person (other than or in addition

10 to the United States and except employers of seamen re11 ferred to in subsection (a)) for damages for such injury or

12 disease and the member is unable to perform the member’s

13 regular military duties as a result of the injury or disease,

14 the United States shall have a right (independent of the

15 rights of the member) to recover from the third person or

16 an insurer of the third person, or both, the amount equal

17 to the total amount of the pay that accrues and is to accrue

18 to the member for the period for which the member is unable

19 to perform such duties as a result of the injury or disease

20 and is not assigned to perform other military duties.

21 ‘‘(c)(1) If, pursuant to the laws of a State that are

22 applicable in a case of a member of the uniformed services

23 who is injured or contracts a disease as a result of tortious

24 conduct of a third person, there is in effect for such a case

25 (as a substitute or alternative for compensation for damages
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1 through tort liability) a system of compensation or reim2 bursement for expenses of hospital, medical, surgical, or

3 dental care and treatment or for lost pay pursuant to a

4 policy of insurance, contract, medical or hospital service

5 agreement, or similar arrangement, the United States shall

6 be deemed to be a third-party beneficiary of such a policy,

7 contract, agreement, or arrangement.

8 ‘‘(2) For the purposes of paragraph (1)—

9 ‘‘(A) the expenses incurred or to be incurred by

10 the United States for care and treatment for an in11 jured or diseased member as described in subsection

12 (a) shall be deemed to have been incurred by the

13 member;

14 ‘‘(B) the cost to the United States of the pay of

15 the member as described in subsection (b) shall be

16 deemed to have been pay lost by the member as a re17 sult of the injury or disease; and

18 ‘‘(C) the United States shall be subrogated to any

19 right or claim that the injured or diseased member or

20 the member’s guardian, personal representative, es21 tate, dependents, or survivors have under a policy,

22 contract, agreement, or arrangement referred to in

23 paragraph (1) to the extent of the reasonable value of

24 the care and treatment and the total amount of the

25 pay deemed lost under subparagraph (B).’’;
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1 (4) in subsection (d), as redesignated by para2 graph (2), by inserting ‘‘or paid for’’ after ‘‘treatment

3 is furnished’’; and

4 (5) by adding at the end the following:

5 ‘‘(f)(1) Any amounts recovered under this section for

6 medical care and related services furnished by a military

7 medical treatment facility or similar military activity shall

8 be credited to the appropriation or appropriations support9 ing the operation of that facility or activity, as determined

10 under regulations prescribed by the Secretary of Defense.

11 ‘‘(2) Any amounts recovered under this section for the

12 cost to the United States of pay of an injured or diseased

13 member of the uniformed services shall be credited to the

14 appropriation that supports the operation of the command,

15 activity, or other unit to which the member was assigned

16 at the time of the injury or illness, as determined under

17 regulations prescribed by the Secretary concerned.

18 ‘‘(g) For the purposes of this section:

19 ‘‘(A) The term ‘uniformed services’ has the mean20 ing given such term in section 1072(1) of title 10,

21 United States Code.

22 ‘‘(B) The term ‘tortious conduct’ includes any

23 tortious omission.

24 ‘‘(C) The term ‘pay’, with respect to a member

25 of the uniformed services, means basic pay, special
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1 pay, and incentive pay that the member is authorized

2 to receive under title 37, United States Code, or any

3 other law providing pay for service in the uniformed

4 services.

5 ‘‘(D) The term ‘Secretary concerned’ means—

6 ‘‘(i) the Secretary of Defense, with respect to

7 the Army, the Navy, the Air Force, the Marine

8 Corps, and the Coast Guard (when it is operat9 ing as a service in the Navy);

10 ‘‘(ii) the Secretary of Transportation, with

11 respect to the Coast Guard when it is not operat12 ing as a service in the Navy;

13 ‘‘(iii) the Secretary of Health and Human

14 Services, with respect to the Commissioned Corps

15 of the Public Health Service; and

16 ‘‘(iv) the Secretary of Commerce, with re17 spect to the Commissioned Corps of the National

18 Oceanic and Atmospheric Administration.’’.

19 (b) CONFORMING AMENDMENTS.—Section 1 of Public

20 Law 87–693 (42 U.S.C. 2651) is amended—

21 (1) in the first sentence of subsection (a)—

22 (A) by inserting ‘‘(independent of the rights

23 of the injured or diseased person)’’ after ‘‘a right

24 to recover’’; and
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1 (B) by inserting ‘‘, or that person’s in2 surer,’’ after ‘‘from said third person’’;

3 (2) in subsection (d), as redesignated by sub4 section (a)(2)—

5 (A) by striking out ‘‘such right,’’ and in6 serting in lieu thereof ‘‘a right under subsections

7 (a), (b), and (c)’’; and

8 (B) by inserting ‘‘, or the insurance carrier

9 or other entity responsible for the payment or re10 imbursement of medical expenses or lost pay,’’

11 after ‘‘the third person who is liable for the in12 jury or disease’’ each place that it appears.

13 (c) APPLICABILITY.—The authority to collect pursuant

14 to the amendments made by this section shall apply to ex15 penses described in the first section of Public Law 87–693

16 (as amended by this section) that are incurred, or are to

17 be incurred, by the United States on or after the date of

18 the enactment of this Act, whether the event from which the

19 claim arises occurred before, on, or after that date.

20 SEC. 1067. DISPLAY OF STATE FLAGS AT INSTALLATIONS

21 AND FACILITIES OF THE DEPARTMENT OF DE22 FENSE.

23 (a) IN GENERAL.—Except as provided in subsection

24 (b) and notwithstanding any other provision of law, no

25 funds appropriated or otherwise made available to the De-
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1 partment of Defense may be used to adopt or enforce any

2 rule or other prohibition that discriminates against the dis3 play of the official flag of a particular State, territory, or

4 possession of the United States at an official ceremony at

5 any installation or other facility of the Department of De6 fense at which the official flags of the other States, terri7 tories, or possessions of the United States are being dis8 played.

9 (b) POSITION AND MANNER OF DISPLAY.—The display

10 of an official flag referred to in subsection (a) at an instal11 lation or other facility of the Department shall be governed

12 by the provisions of section 3 of the Joint Resolution of June

13 22, 1942 (56 Stat. 378, chapter 435; 36 U.S.C. 175), and

14 any modification of such provisions under section 8 of that

15 Joint Resolution (36 U.S.C. 178).

16 SEC. 1068. GEORGE C. MARSHALL EUROPEAN CENTER FOR

17 STRATEGIC SECURITY STUDIES.

18 (a) AUTHORITY TO ACCEPT FUNDS, MATERIALS, AND

19 SERVICES.—(1) The Secretary of Defense may, on behalf

20 of the George C. Marshall European Center for Strategic

21 Security Studies, accept gifts or donations of funds, mate22 rials (including research materials), property, and services

23 (including lecture services and faculty services) from foreign

24 governments, foundations and other charitable organiza25 tions in foreign countries, and individuals in foreign coun-
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1 tries in order to defray the costs of the operation of the Cen2 ter.

3 (2) Funds received by the Secretary under paragraph

4 (1) shall be credited to appropriations available for the De5 partment of Defense for the George C. Marshall European

6 Center for Strategic Security Studies. Funds so credited

7 shall be merged with the appropriations to which credited

8 and shall be available for the Center for the same purposes

9 and same period as the appropriations with which merged.

10 (b) PARTICIPATION OF FOREIGN NATIONS OTHERWISE

11 PROHIBITED.—(1) The Secretary may permit representa12 tives of a foreign government to participate in a program

13 of the George C. Marshall European Center for Strategic

14 Security Studies, notwithstanding any other provision of

15 law that would otherwise prevent representatives of that for16 eign government from participating in the program. Before

17 doing so, the Secretary shall determine, in consultation

18 with the Secretary of State, that the participation of rep19 resentatives of that foreign government in the program is

20 in the national interest of the United States.

21 (2) Not later than January 31 of each year, the Sec22 retary of Defense shall, with the assistance of the Director

23 of the Center, submit to Congress a report setting forth the

24 foreign governments permitted to participate in programs
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1 of the Center during the preceding year under the authority

2 provided in paragraph (1).

3 (c) WAIVER OF CERTAIN REQUIREMENTS FOR BOARD

4 OF VISITORS.—(1) The Secretary may waive the applica5 tion of any financial disclosure requirement imposed by law

6 to a foreign member of the Board of Visitors of the Center

7 if that requirement would otherwise apply to the member

8 solely by reason of the service as a member of the Board.

9 The authority under the preceding sentence applies only in

10 the case of a foreign member who serves on the Board with11 out compensation.

12 (2) Notwithstanding any other provision of law, a

13 member of the Board of Visitors may not be required to

14 register as an agent of a foreign government solely by reason

15 of service as a member of the Board.

16 SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN PARTICI17 PANTS IN THE DEFENSE OF PEARL HARBOR

18 THE CONGRESSIONAL MEDAL PREVIOUSLY

19 AUTHORIZED ONLY FOR MILITARY PARTICI20 PANTS IN THE DEFENSE OF PEARL HARBOR.

21 (a) AUTHORITY.—The Speaker of the House of Rep22 resentatives and the President pro tempore of the Senate

23 are authorized jointly to present, on behalf of Congress, a

24 bronze medal provided for under section 1492 of the Na25 tional Defense Authorization Act for Fiscal Year 1991 (104
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1 Stat. 1721) to any person who meets the eligibility require2 ments set forth in subsection (d) of that section other than

3 the requirement for membership in the Armed Forces, as

4 certified under subsection (e) of that section or under sub5 section (b) of this section.

6 (b) CERTIFICATION.—The Secretary of Defense shall,

7 not later than 12 months after the date of the enactment

8 of this Act, certify to the Speaker of the House of Represent9 atives and the President pro tempore of the Senate the

10 names of persons who are eligible for award of the medal

11 under this Act and have not previously been certified under

12 section 1492(e) of the National Defense Authorization Act

13 for Fiscal Year 1991.

14 (c) APPLICATIONS.—Subsections (d)(2) and (f) of sec15 tion 1492 of the National Defense Authorization Act for Fis16 cal Year 1991 shall apply in the administration of this Act.

17 (d) ADDITIONAL STRIKING AUTHORITY.—The Sec18 retary of the Treasury shall strike such additional medals

19 as may be necessary for presentation under the authority

20 of subsection (a).

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated such sum as may be nec23 essary to carry out this section.
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1 (f) RETROACTIVE EFFECTIVE DATE.—The authority

2 under subsection (a) shall be effective as of November 5,

3 1990.

4 SEC. 1070. MICHAEL O’CALLAGHAN FEDERAL HOSPITAL,

5 LAS VEGAS, NEVADA.

6 (a) FINDINGS.—Congress makes the following findings:

7 (1) Michael O’Callaghan, former Governor of the

8 State of Nevada, served in three branches of the

9 Armed Forces of the United States, namely, the

10 Army, the Air Force, and the Marine Corps.

11 (2) At 16 years of age, Michael O’Callaghan en12 listed in the United States Marine Corps to serve dur13 ing the end of World War II.

14 (3) During the Korean conflict, Michael

15 O’Callaghan served successively in the Air Force and

16 the Army and, during such service, suffered wounds

17 in combat that necessitated the amputation of his left

18 leg.

19 (4) Michael O’Callaghan was awarded the Silver

20 Star, the Bronze Star with Valor Device, and the

21 Purple Heart for his military service.

22 (5) In 1963, Michael O’Callaghan became the

23 first director of the Health and Welfare Department

24 of the State of Nevada.
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1 (6) In 1970, Michael O’Callaghan became Gov2 ernor of the State of Nevada and served in that posi3 tion through 1978, making him one of only five two4 term governors in the history of the State of Nevada.

5 (7) In 1982, Michael O’Callaghan received the

6 Air Force Exceptional Service Award.

7 (8) It is appropriate to name the Nellis Federal

8 Hospital, Las Vegas, Nevada, a hospital operated

9 jointly by the Department of Defense, through Nellis

10 Air Force Base, and the Department of Veterans Af11 fairs, through the Las Vegas Veterans Affairs Out12 patient Clinic, after Michael O’Callaghan, a man who

13 (A) has served his country with honor in three

14 branches of the Armed Forces, (B) as a disabled vet15 eran knows personally the tragic sacrifices that are so

16 often made in the service of his country in the Armed

17 Forces, and (C) has spent his entire career working

18 to improve the lives of all Nevadans.

19 (b) DESIGNATION OF MICHAEL O’CALLAGHAN FED20 ERAL HOSPITAL.—The Nellis Federal Hospital, a Federal

21 building located at 4700 North Las Vegas Boulevard, Las

22 Vegas, Nevada, is designated as the ‘‘Michael O’Callaghan

23 Federal Hospital’’.

24 (c) REFERENCES.—Any reference in a law, map, regu25 lation, document, paper, or other record of the United
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1 States to the Federal building referred to in subsection (b)

2 shall be deemed to be a reference to the ‘‘Michael

3 O’Callaghan Federal Hospital’’.

4 SEC. 1071. NAMING OF BUILDING AT THE UNIFORMED

5 SERVICES UNIVERSITY OF THE HEALTH

6 SCIENCES.

7 It is the sense of the Senate that the Secretary of De8 fense should name Building A at the Uniformed Services

9 University of the Health Sciences as the ‘‘David Packard

10 Building’’.

11 SEC. 1072. SENSE OF THE SENATE REGARDING THE UNITED

12 STATES–JAPAN SEMICONDUCTOR TRADE

13 AGREEMENT.

14 (a) FINDINGS.—The Senate makes the following find15 ings:

16 (1) The United States and Japan share a long

17 and important bilateral relationship which serves as

18 an anchor of peace and stability in the Asia Pacific

19 region, an alliance which was reaffirmed at the recent

20 summit meeting between President Clinton and

21 Prime Minister Hashimoto in Tokyo.

22 (2) The Japanese economy has experienced dif23 ficulty over the past few years, demonstrating that it

24 is no longer possible for Japan, the world’s second

25 largest economy, to use exports as the sole engine of
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1 economic growth, but that the Government of Japan

2 must promote deregulation of its domestic economy in

3 order to increase economic growth.

4 (3) Deregulation of the Japanese economy re5 quires government attention to the removal of barriers

6 to imports of manufactured goods.

7 (4) The United States-Japan Semiconductor

8 Trade Agreement has begun the process of deregula9 tion in the semiconductor sector and is opening the

10 Japanese market to competitive foreign products.

11 (5) The United States-Japan Semiconductor

12 Trade Agreement has put in place both government13 to-government and industry-to-industry mechanisms

14 which have played a vital role in allowing coopera15 tion to replace conflict in this important high tech16 nology sector.

17 (6) The mechanisms include joint calculation of

18 foreign market share, deterrence of dumping, and pro19 motion of industrial cooperation in the design of for20 eign semiconductor devices.

21 (7) Because of these actions under the United

22 States-Japan Semiconductor Trade Agreement, the

23 United States and Japan today enjoy trade in semi24 conductors which is mutually beneficial, harmonious,
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1 and free from the friction that once characterized the

2 semiconductor industry.

3 (8) Because of structural barriers in Japan, a

4 gap still remains between the share of the world mar5 ket for semiconductor products outside Japan that the

6 United States and other foreign semiconductor sources

7 are able to capture through competitiveness and the

8 share of the Japanese semiconductor market that the

9 United States and those other sources are able to cap10 ture through competitiveness, and that gap is consist11 ent across the full range of semiconductor products as

12 well as a full range of end-use applications.

13 (9) The competitiveness and health of the United

14 States semiconductor industry is of critical impor15 tance to the overall economic well-being and high

16 technology defense capabilities of the United States.

17 (10) The economic interests of both the United

18 States and Japan are best served by well functioning,

19 open markets, deterrence of dumping, and continuing

20 good cooperative relationships in all sectors, including

21 semiconductors.

22 (11) A strong and healthy and military and po23 litical alliance between the United States and Japan

24 requires continuation of the industrial and economic
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1 cooperation promoted by the United States-Japan

2 Semiconductor Trade Agreement.

3 (12) President Clinton has called on the Govern4 ment of Japan to agree to a continuation of a United

5 States-Japan Semiconductor Trade Agreement beyond

6 the current agreement’s expiration on July 31, 1996.

7 (13) The Government of Japan has opposed any

8 continuation of a government-to-government agree9 ment to promote cooperation in United States-Japan

10 semiconductor trade.

11 (b) SENSE OF SENATE.—It is the sense of the Senate

12 that—

13 (1) it is regrettable that the Government of

14 Japan has refused to consider continuation of a gov15 ernment-to-government agreement to ensure that co16 operation continues in the semiconductor sector be17 yond the expiration of the Semiconductor Trade

18 Agreement on July 31, 1996; and

19 (2) the President should take all necessary and

20 appropriate actions to ensure the continuation of a

21 government-to-government United States-Japan

22 Semiconductor Trade Agreement before the current

23 agreement expires on that date.

24 (c) DEFINITION.—As used in this section, the term

25 ‘‘United States-Japan Semiconductor Trade Agreement’’
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1 refers to the agreement between the United States and

2 Japan concerning trade in semiconductor products, with

3 arrangement, done by exchange of letters at Washington on

4 June 11, 1991.

5 SEC. 1073. FOOD DONATION PILOT PROGRAM AT THE SERV6 ICE ACADEMIES.

7 (a) PROGRAM AUTHORIZED.—The Secretaries of the

8 military departments and the Secretary of Transportation

9 may each carry out a food donation pilot program at the

10 service academy under the jurisdiction of the Secretary.

11 (b) DONATIONS AND COLLECTIONS OF FOOD AND GRO12 CERY PRODUCTS.—Under the pilot program, the Secretary

13 concerned may donate to, and permit others to collect for,

14 a nonprofit organization any food or grocery product

15 that—

16 (1) is—

17 (A) an apparently wholesome food;

18 (B) an apparently fit grocery product; or

19 (C) a food or grocery product that is do20 nated in accordance with section 402(e) of the

21 National and Community Service Act of 1990

22 (42 U.S.C. 12672(e));

23 (2) is owned by the United States;

24 (3) is located at a service academy under the ju25 risdiction of the Secretary; and
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1 (4) is excess to the requirements of the academy.

2 (c) PROGRAM COMMENCEMENT.—The Secretary con3 cerned shall commence carrying out the pilot program, if

4 at all, during fiscal year 1997.

5 (d) APPLICABILITY OF GOOD SAMARITAN FOOD DONA6 TION ACT..—Section 402 of the National and Community

7 Service Act of 1990 (42 U.S.C. 12672) shall apply to dona8 tions and collections of food and grocery products under the

9 pilot program without regard to section 403 of such Act

10 (42 U.S.C. 12673).

11 (e) REPORTS.—(1) Each Secretary that carries out a

12 pilot program at a service academy under this section shall

13 submit to Congress an interim report and a final report

14 on the pilot program.

15 (2) The Secretary concerned shall submit the interim

16 report not later than one year after the date on which the

17 Secretary commences the pilot program at a service acad18 emy.

19 (3) The Secretary concerned shall submit the final re20 port not later than 90 days after the Secretary completes

21 the pilot program at a service academy.

22 (4) Each report shall include the following:

23 (A) A description of the conduct of the pilot pro24 gram.
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1 (B) A discussion of the experience under the pilot

2 program.

3 (C) An evaluation of the extent to which section

4 402 of the National and Community Service Act of

5 1990 (42 U.S.C. 12672) has been effective in protect6 ing the United States and others from liabilities asso7 ciated with actions taken under the pilot program.

8 (D) Any recommendations for legislation to fa9 cilitate donations or collections of excess food and gro10 cery products of the United States or others for non11 profit organizations.

12 (f) DEFINITIONS.—In this section:

13 (1) The term ‘‘service academy’’ means each of

14 the following:

15 (A) The United States Military Academy.

16 (B) The United States Naval Academy.

17 (C) The United States Air Force Academy.

18 (D) The United States Coast Guard Acad19 emy.

20 (2) The term ‘‘Secretary concerned’’ means the

21 following:

22 (A) The Secretary of the Army, with respect

23 to the United States Military Academy.

24 (B) The Secretary of the Navy, with respect

25 to the United States Naval Academy.
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1 (C) The Secretary of the Air Force, with re2 spect to the United States Air Force Academy.

3 (D) The Secretary of Transportation, with

4 respect to the United States Coast Guard Acad5 emy.

6 (3) The terms ‘‘apparently fit grocery product’’,

7 ‘‘apparently wholesome food’’, ‘‘donate’’, ‘‘food’’, and

8 ‘‘grocery product’’ have the meanings given those

9 terms in section 402(b) of the National and Commu10 nity Service Act of 1990 (42 U.S.C. 12672(b)).

11 SEC. 1074. DESIGNATION OF MEMORIAL AS NATIONAL D–

12 DAY MEMORIAL.

13 (a) DESIGNATION.—The memorial to be constructed by

14 the National D–Day Memorial Foundation in Bedford, Vir15 ginia, is hereby designated as a national memorial to be

16 known as the ‘‘National D–Day Memorial’’. The memorial

17 shall serve to honor the members of the Armed Forces of

18 the United States who served in the invasion of Normandy,

19 France, in June 1944.

20 (b) PUBLIC PROCLAMATION.—The President is re21 quested and urged to issue a public proclamation acknowl22 edging the designation of the memorial to be constructed

23 by the National D–Day Memorial Foundation in Bedford,

24 Virginia, as the National D–Day Memorial.
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1 (c) MAINTENANCE OF MEMORIAL.—All expenses for

2 maintenance and care of the memorial shall be paid for

3 with non-Federal funds, including funds provided by the

4 National D–Day Memorial Foundation. The United States

5 shall not be liable for any expense incurred for the mainte6 nance and care of the memorial.

7 SEC. 1075. IMPROVEMENTS TO NATIONAL SECURITY EDU8 CATION PROGRAM.

9 (a) REPEAL OF TEMPORARY REQUIREMENT RELATING

10 TO EMPLOYMENT.—Title VII of the Department of Defense

11 Appropriations Act, 1996 (Public Law 104–61; 109 Stat.

12 650), is amended under the heading ‘‘NATIONAL SECURITY

13 EDUCATION TRUST FUND’’ by striking out the proviso.

14 (b) GENERAL PROGRAM REQUIREMENTS.—Subsection

15 (a)(1) of section 802 of the David L. Boren National Secu16 rity Education Act of 1991 (title VIII of Public Law 102–

17 183; 50 U.S.C. 1902) is amended—

18 (1) by striking out subparagraph (A) and insert19 ing in lieu thereof the following new subparagraph

20 (A):

21 ‘‘(A) awarding scholarships to undergradu22 ate students who—

23 ‘‘(i) are United States citizens in order

24 to enable such students to study, for at least

25 one academic semester or equivalent term,
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1 in foreign countries that are critical coun2 tries (as determined under section

3 803(d)(4)(A) of this title) in those languages

4 and study areas where deficiencies exist (as

5 identified in the assessments undertaken

6 pursuant to section 806(d) of this title); and

7 ‘‘(ii) pursuant to subsection (b)(2)(A)

8 of this section, enter into an agreement to

9 work for, and make their language skills

10 available to, an agency or office of the Fed11 eral Government or work in the field of

12 higher education in the area of study for

13 which the scholarship was awarded;’’; and

14 (2) in subparagraph (B)—

15 (A) in clause (i), by inserting ‘‘relating to

16 the national security interests of the United

17 States’’ after ‘‘international fields’’; and

18 (B) in clause (ii)—

19 (i) by striking out ‘‘subsection (b)(2)’’

20 and inserting in lieu thereof ‘‘subsection

21 (b)(2)(B)’’; and

22 (ii) by striking out ‘‘work for an agen23 cy or office of the Federal Government or

24 in’’ and inserting in lieu thereof ‘‘work for,

25 and make their language skills available to,
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1 an agency or office of the Federal Govern2 ment or work in’’.

3 (c) SERVICE AGREEMENT.—Subsection (b) of that sec4 tion is amended—

5 (1) in the matter preceding paragraph (1), by

6 striking out ‘‘, or of scholarships’’ and all that follows

7 through ‘‘12 months or more,’’ and inserting in lieu

8 thereof ‘‘or any scholarship’’.

9 (2) by striking out paragraph (2) and inserting

10 in lieu thereof the following new paragraph (2):

11 ‘‘(2) will—

12 ‘‘(A) not later than eight years after such

13 recipient’s completion of the study for which

14 scholarship assistance was provided under the

15 program, and in accordance with regulations is16 sued by the Secretary—

17 ‘‘(i) work in an agency or office of the

18 Federal Government having national secu19 rity responsibilities (as determined by the

20 Secretary in consultation with the National

21 Security Education Board) and make avail22 able such recipient’s foreign language skills

23 to an agency or office of the Federal Gov24 ernment approved by the Secretary (in con25 sultation with the Board), upon the request
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1 of the agency or office, for a period specified

2 by the Secretary, which period shall be no

3 longer than the period for which scholarship

4 assistance was provided; or

5 ‘‘(ii) if the recipient demonstrates to

6 the Secretary (in accordance with such reg7 ulations) that no position in an agency or

8 office of the Federal Government having na9 tional security responsibilities is available,

10 work in the field of higher education in a

11 discipline relating to the foreign country,

12 foreign language, area study, or inter13 national field of study for which the schol14 arship was awarded, for a period specified

15 by the Secretary, which period shall be de16 termined in accordance with clause (i); or

17 ‘‘(B) upon completion of such recipient’s

18 education under the program, and in accordance

19 with such regulations—

20 ‘‘(i) work in an agency or office of the

21 Federal Government having national secu22 rity responsibilities (as so determined) and

23 make available such recipient’s foreign lan24 guage skills to an agency or office of the

25 Federal Government approved by the Sec-
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1 retary (in consultation with the Board),

2 upon the request of the agency or office, for

3 a period specified by the Secretary, which

4 period shall be not less than one and not

5 more than three times the period for which

6 the fellowship assistance was provided; or

7 ‘‘(ii) if the recipient demonstrates to

8 the Secretary (in accordance with such reg9 ulations) that no position in an agency or

10 office of the Federal Government having na11 tional security responsibilities is available

12 upon the completion of the degree, work in

13 the field of higher education in a discipline

14 relating to the foreign country, foreign lan15 guage, area study, or international field of

16 study for which the fellowship was awarded,

17 for a period specified by the Secretary,

18 which period shall be established in accord19 ance with clause (i); and’’.

20 (d) EVALUATION OF PROGRESS IN LANGUAGE

21 SKILLS.—Such section 802 is further amended by—

22 (1) redesignating subsections (c), (d), and (e) as

23 subsections (d), (e), and (f), respectively; and

24 (2) by inserting after subsection (b) the following

25 new subsection (c):
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1 ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE

2 SKILLS.—The Secretary shall, through the National Secu3 rity Education Program office, administer a test of the for4 eign language skills of each recipient of a scholarship or

5 fellowship under this title before the commencement of the

6 study or education for which the scholarship or fellowship

7 is awarded and after the completion of such study or edu8 cation. The purpose of the tests is to evaluate the progress

9 made by recipients of scholarships and fellowships in devel10 oping foreign language skills as a result of assistance under

11 this title.’’.

12 (e) FUNCTIONS OF THE NATIONAL SECURITY EDU13 CATION BOARD.—Section 803(d) of that Act (50 U.S.C.

14 1903(d)) is amended—

15 (1) in paragraph (1), by inserting ‘‘, including

16 an order of priority in such awards that favors indi17 viduals expressing an interest in national security is18 sues or pursuing a career in an agency or office of

19 the Federal Government having national security re20 sponsibilities’’ before the period;

21 (2) in paragraph (4)—

22 (A) in the matter preceding subparagraph

23 (A), by striking out ‘‘Make recommendations’’

24 and inserting in lieu thereof ‘‘After taking into

25 account the annual analyses of trends in lan-
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1 guage, international, and area studies under sec2 tion 806(b)(1), make recommendations’’;

3 (B) in subparagraph (A), by inserting ‘‘and

4 countries which are of importance to the na5 tional security interests of the United States’’

6 after ‘‘are studying’’; and

7 (C) in subparagraph (B), by inserting ‘‘re8 lating to the national security interests of the

9 United States’’ after ‘‘of this title’’;

10 (3) by redesignating paragraph (5) as para11 graph (7); and

12 (4) by inserting after paragraph (4) the follow13 ing new paragraphs:

14 ‘‘(5) Encourage applications for fellowships

15 under this title from graduate students having an

16 educational background in disciplines relating to

17 science or technology.

18 ‘‘(6) Provide the Secretary on an on-going basis

19 with a list of scholarship recipients and fellowship re20 cipients who are available to work for, or make their

21 language skills available to, an agency or office of the

22 Federal Government having national security respon23 sibilities.’’.

24 (f) REPORT ON PROGRAM.—(1) Not later than six

25 months after the date of the enactment of this Act, the Sec-
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1 retary of Defense shall submit to Congress a report assessing

2 the improvements to the program established under the

3 David L. Boren National Security Education Act of 1991

4 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.)

5 that result from the amendments made by this section.

6 (2) The report shall also include an assessment of the

7 contribution of the program, as so improved, in meeting

8 the national security objectives of the United States.

9 SEC. 1076. REIMBURSEMENT FOR EXCESSIVE COMPENSA10 TION OF CONTRACTOR PERSONNEL PROHIB11 ITED.

12 (a) ARMED SERVICES PROCUREMENTS.—Section

13 2324(e)(1) of title 10, United States Code, is amended by

14 adding at the end the following:

15 ‘‘(P) Costs of compensation (including bo16 nuses and other incentives) paid with respect to

17 the services (including termination of services) of

18 any one individual to the extent that the total

19 amount of the compensation paid in a fiscal

20 year exceeds $200,000.’’.

21 (b) CIVILIAN AGENCY PROCUREMENTS.—Section

22 306(e)(1) of the Federal Property and Administrative Serv23 ices Act of 1949 (41 U.S.C. 256(e)(1)) is amended by add24 ing at the end the following:
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1 ‘‘(P) Costs of compensation (including bo2 nuses and other incentives) paid with respect to

3 the services (including termination of services) of

4 any one individual to the extent that the total

5 amount of the compensation paid in a fiscal

6 year exceeds $200,000.’’.

7 SEC. 1077. SENSE OF THE SENATE ON DEPARTMENT OF DE8 FENSE SHARING OF EXPERIENCES UNDER

9 MILITARY YOUTH PROGRAMS.

10 (a) FINDINGS.—The Senate makes the following find11 ings:

12 (1) Programs of the Department of Defense for

13 youth who are dependents of members of the Armed

14 Forces have not received the same level of attention

15 and resources as have child care programs of the De16 partment since the passage of the Military Child Care

17 Act of 1989 (title XV of Public Law 101–189; 10

18 U.S.C. 113 note).

19 (2) Older children deserve as much attention to

20 their developmental needs as do younger children.

21 (3) The Department has started to direct more

22 attention to programs for youths who are dependents

23 of members of the Armed Forces by funding the imple24 mentation of 20 model community programs to ad25 dress the needs of such youths.
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1 (4) The lessons learned from such programs

2 could apply to civilian youth programs as well.

3 (b) SENSE OF SENATE.—It is the sense of the Senate

4 that—

5 (1) the Department of Defense, Federal, State,

6 and local agencies, and businesses and communities

7 involved in conducting youth programs could benefit

8 from the development of partnerships to foster an ex9 change of ideas, information, and materials relating

10 to such programs and to encourage closer relation11 ships between military installations and the commu12 nities that support them;

13 (2) such partnerships could benefit all families

14 by helping the providers of services for youths ex15 change ideas about innovative ways to address bar16 riers to the effective provision of such services; and

17 (3) there are many ways that such partnerships

18 could be developed, including—

19 (A) cooperation between the Department

20 and Federal and State educational agencies in

21 exploring the use of public school facilities for

22 child care programs and youth programs that

23 are mutually beneficial to the Department and

24 civilian communities and complement programs
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1 of the Department carried out at its facilities;

2 and

3 (B) improving youth programs that enable

4 adolescents to relate to new peer groups when

5 families of members of the Armed Forces are re6 located.

7 (c) REPORT.—Not later than June 30, 1997, the Sec8 retary of Defense shall submit to Congress a report on the

9 status of any initiatives undertaken this section, including

10 recommendations for additional ways to improve the youth

11 programs of the Department of Defense and to improve such

12 programs so as to benefit communities in the vicinity of

13 military installations.

14 SEC. 1078. SENSE OF THE SENATE ON DEPARTMENT OF DE15 FENSE SHARING OF EXPERIENCES WITH MILI16 TARY CHILD CARE.

17 (a) FINDINGS.—The Senate makes the following find18 ings:

19 (1) The Department of Defense should be con20 gratulated on the successful implementation of the

21 Military Child Care Act of 1989 (title XV of Public

22 Law 101–189; 10 U.S.C. 113 note).

23 (2) The actions taken by the Department as a re24 sult of that Act have dramatically improved the avail25 ability, affordability, quality, and consistency of the
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1 child care services provided to members of the Armed

2 Forces.

3 (3) Child care is important to the readiness of

4 members of the Armed Forces because single parents

5 and couples in military service must have access to

6 affordable child care of good quality if they are to

7 perform their jobs and respond effectively to long

8 work hours or deployments.

9 (4) Child care is important to the retention of

10 members of the Armed Forces in military service be11 cause the dissatisfaction of the families of such mem12 bers with military life is a primary reason for the de13 parture of such members from military service.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that—

16 (1) the civilian and military child care commu17 nities, Federal, State, and local agencies, and busi18 nesses and communities involved in the provision of

19 child care services could benefit from the development

20 of partnerships to foster an exchange of ideas, infor21 mation, and materials relating to their experiences

22 with the provision of such services and to encourage

23 closer relationships between military installations

24 and the communities that support them;
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1 (2) such partnerships would be beneficial to all

2 families by helping providers of child care services ex3 change ideas about innovative ways to address bar4 riers to the effective provision of such services; and

5 (3) there are many ways that these partnerships

6 can be developed, including—

7 (A) cooperation between the directors and

8 curriculum specialists of military child develop9 ment centers and civilian child development cen10 ters in assisting such centers in the accreditation

11 process;

12 (B) use of family support staff to conduct

13 parent and family workshops for new parents

14 and parents with young children in family hous15 ing on military installations and in commu16 nities in the vicinity of such installations;

17 (C) internships in Department of Defense

18 child care programs for civilian child care pro19 viders to broaden the base of good-quality child

20 care services in communities in the vicinity of

21 military installations; and

22 (D) attendance by civilian child care pro23 viders at Department child-care training classes

24 on a space-available basis.
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1 (c) REPORT.—Not later than June 30, 1997, the Sec2 retary of Defense shall submit to Congress a report on the

3 status of any initiatives undertaken this section, including

4 recommendations for additional ways to improve the child

5 care programs of the Department of Defense and to improve

6 such programs so as to benefit civilian child care providers

7 in communities in the vicinity of military installations.

8 SEC. 1079. INCREASE IN PENALTIES FOR CERTAIN TRAFFIC

9 OFFENSES ON MILITARY INSTALLATIONS.

10 Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c)

11 is amended to read as follows:

12 ‘‘SEC. 4. (a) Except as provided in subsection (b), who13 ever shall violate any rule or regulation promulgated pursu14 ant to section 2 of this Act may be fined not more than

15 $50 or imprisoned for not more than thirty days, or both.

16 ‘‘(b) Whoever shall violate any rule or regulation for

17 the control of vehicular or pedestrian traffic on military

18 installations that is promulgated by the Secretary of De19 fense, or the designee of the Secretary, under the authority

20 delegated pursuant to section 2 of this Act may be fined

21 an amount not to exceed the amount of a fine for a like

22 or similar offense under the criminal or civil law of the

23 State, territory, possession, or district where the military

24 installation is located, or imprisoned for not more than

25 thirty days, or both.’’.
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1 SEC. 1080. PHARMACEUTICAL INDUSTRY SPECIAL EQUITY.

2 (a) SHORT TITLE.—This section may be cited as the

3 ‘‘Pharmaceutical Industry Special Equity Act of 1996’’.

4 (b) APPROVAL OF GENERIC DRUGS.—

5 (1) IN GENERAL.—With respect to any patent,

6 the term of which is modified under section 154(c)(1)

7 of title 35, United States Code, as amended by the

8 Uruguay Round Agreements Act (Public Law 103–

9 465; 108 Stat. 4983), the remedies of section 271(e)(4)

10 of title 35, United States Code, shall not apply if—

11 (A) such patent is the subject of a certifi12 cation described under—

13 (i) section 505 (b)(2)(A)(iv) or

14 (j)(2)(A)(vii)(IV) of the Federal Food, Drug,

15 and Cosmetic Act (21 U.S.C. 355

16 (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV)); or

17 (ii) section 512(n)(1)(H)(iv) of such

18 Act (21 U.S.C. 360b(n)(1)(H)(iv));

19 (B) on or after the date of enactment of this

20 section, such a certification is made in an appli21 cation that was filed under section 505 or 512

22 of the Federal Food, Drug, and Cosmetic Act and

23 accepted for filing by the Food and Drug Admin24 istration prior to June 8, 1995; and

25 (C) a final order, from which no appeal is

26 pending or may be made, has been entered in an
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1 action brought under chapter 28 or 29 of title

2 35, United States Code—

3 (i) finding that the person who submit4 ted such certification made a substantial in5 vestment of the type described under section

6 154(c)(2) of title 35, United States Code, as

7 amended by the Uruguay Round Agree8 ments Act; and

9 (ii) establishing the amount of equi10 table remuneration of the type described

11 under section 154(c)(3) of title 35, United

12 States Code, as amended by the Uruguay

13 Round Agreements Act, that is required to

14 be paid by the person who submitted such

15 certification to the patentee for the product

16 that is the subject of the certification.

17 (2) DETERMINATION OF SUBSTANTIAL INVEST18 MENT.—In determining whether a substantial invest19 ment has been made in accordance with this section,

20 the court shall find that—

21 (A) a complete application submitted under

22 section 505 or 512 of the Federal Food, Drug,

23 and Cosmetic Act was found by the Secretary of

24 Health and Human Services on or before June
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1 8, 1995 to be sufficiently complete to permit sub2 stantive review; and

3 (B) the total sum of the investment made by

4 the person submitting such an application—

5 (i) is specifically related to the re6 search, development, manufacture, sale,

7 marketing, or other activities undertaken in

8 connection with, the product covered by

9 such an application; and

10 (ii) does not solely consist of that per11 son’s expenditures related to the develop12 ment and submission of the information

13 contained in such an application.

14 (3) EFFECTIVE DATE OF APPROVAL OF APPLICA15 TION.—In no event shall the Food and Drug Admin16 istration make the approval of an application under

17 sections 505 or 512 of the Federal Food, Drug, and

18 Cosmetic Act, which is subject to the provisions of this

19 section, effective prior to the entry of the order de20 scribed in paragraph (1)(C).

21 (4) APPLICABILITY.—The provisions of this sub22 section shall not apply to any patent the term of

23 which, inclusive of any restoration period provided

24 under section 156 of title 35, United States Code,
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1 would have expired on or after June 8, 1998, under

2 the law in effect on the date before December 8, 1994.

3 (c) APPLICATION OF CERTAIN BENEFITS AND TERM

4 EXTENSIONS TO ALL PATENTS IN FORCE ON A CERTAIN

5 DATE.—For the purposes of this section and the provisions

6 of title 35, United States Code, all patents in force on June

7 8, 1995, including those in force by reason of section 156

8 of title 35, United States Code, are entitled to the full bene9 fit of the Uruguay Round Agreements Act of 1994 and any

10 extension granted before such date under section 156 of title

11 35, United States Code.

12 (d) EXTENSION OF PATENTS RELATING TO NON13 STEROIDAL ANTI-INFLAMMATORY DRUGS.—

14 (1) IN GENERAL.—Notwithstanding section 154

15 of title 35, United States Code, the term of patent

16 shall be extended for any patent which encompasses

17 within its scope of composition of matter known as a

18 nonsteroidal anti-inflammatory drug if—

19 (A) during the regulatory review of the drug

20 by the Food and Drug Administration the pat21 entee—

22 (i) filed a new drug application in

23 1982 under section 505 of the Federal Food,

24 Drug and Cosmetic Act (21 U.S.C. 355);

25 and
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1 (ii) awaited approval by the Food and

2 Drug Administration for at least 96

3 months; and

4 (B) such new drug application was ap5 proved in 1991.

6 (2) TERM.—The term of any patent described in

7 paragraph (1) shall be extended from its current expi8 ration date for a period of 2 years.

9 (3) NOTIFICATION.—No later than 90 days after

10 the date of enactment of this section, the patentee of

11 any patent described in paragraph (1) shall notify

12 the Commissioner of Patents and Trademarks of the

13 number of any patent extended under such para14 graph. On receipt of such notice, the Commissioner

15 shall confirm such extension by placing a notice

16 thereof in the official file of such patent and publish17 ing an appropriate notice of such extension in the Of18 ficial Gazette of the Patent and Trademark Office.

19 (e) EXPEDITED PROCEDURES FOR CIVIL ACTIONS.—

20 (1) APPLICATION.—(A) This subsection applies

21 to any civil action in a court of the United States

22 brought to determine the rights of the parties under

23 this section, including any determination made under

24 subsection (b).
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1 (B) For purposes of this subsection the term

2 ‘‘civil action’’ refers to a civil action described under

3 subparagraph (A).

4 (2) SUPERSEDING PROVISIONS.—Procedures

5 adopted under this subsection shall supersede any

6 provision of title 28, United States Code, the Federal

7 Rules of Civil Procedure, or the Federal Rules of Ap8 pellate Procedure to the extent of any inconsistency.

9 (3) PROCEDURES IN DISTRICT COURT.—No later

10 than 60 days after the date of the enactment of this

11 Act, each district court of the United States shall

12 adopt procedures to—

13 (A) provide for priority in consideration of

14 civil actions on an expedited basis, including

15 consideration of determinations relating to sub16 stantial investment, equitable remuneration, and

17 equitable compensation;

18 (B) provide that—

19 (i) no later than 10 days after a party

20 files an answer to a complaint filed in a

21 civil action the court shall order that all

22 discovery (including a hearing on any dis23 covery motions) shall be completed no later

24 than 60 days after the date on which the

25 court enters the order; and
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1 (ii) the court may grant a single exten2 sion of the 60-day period referred to under

3 clause (i) for an additional period of no

4 more than 30 days upon a showing of good

5 cause;

6 (C) require any dispositive motion in a

7 civil action to be filed no later than 30 days

8 after completion of discovery;

9 (D) require that—

10 (i) if a dispositive motion is filed in a

11 civil action, the court shall rule on such a

12 motion no later than 30 days after the date

13 on which the motion is filed;

14 (ii) the court shall begin the trial of a

15 civil action no later than 60 days after the

16 later of—

17 (I) the date on which discovery is

18 completed in accordance with subpara19 graph (B); or

20 (II) the last day of the 30-day pe21 riod referred to under clause (i), if a

22 dispositive motion is filed;

23 (E) require that if a person does not hold

24 the patent which is the subject of a civil action

25 and is the prevailing party in the civil action,
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1 the court shall order the nonprevailing party to

2 pay damages to the prevailing party;

3 (F) the damages payable to such persons

4 shall include—

5 (i) the costs resulting from the delay

6 caused by the civil action; and

7 (ii) lost profits from such delay; and

8 (G) provide that the prevailing party in a

9 civil action shall be entitled to recover reasonable

10 attorney’s fees and court costs.

11 (4) PROCEDURES IN FEDERAL CIRCUIT COURT.—

12 No later than 60 days after the date of the enactment

13 of this Act, the United States Court of Appeals for the

14 Federal Circuit shall adopt procedures to provide for

15 expedited considerations of civil actions brought

16 under this Act.

17 SEC. 1081. CLARIFICATION OF NATIONAL SECURITY SYS18 TEMS TO WHICH THE INFORMATION TECH19 NOLOGY MANAGEMENT REFORM ACT OF 1996

20 APPLIES.

21 Section 5142(b) of the Information Technology Man22 agement Reform Act of 1996 (division E of Public Law

23 104–106; 110 Stat. 689; 40 U.S.C. 1452(b)) is amended—

24 (1) by striking out ‘‘(b) LIMITATION.—’’ and in25 serting in lieu thereof ‘‘(b) LIMITATIONS.—(1)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) Notwithstanding any other provision of this sec3 tion or any other provision of law, for the purposes of this

4 subtitle, a system that, in function, operation, or use, in5 volves the storage, processing, or forwarding of classified in6 formation and is protected at all times by procedures estab7 lished for the handling of classified information shall be

8 considered as a national security system under the defini9 tion in subsection (a) only if the function, operation, or

10 use of the system—

11 ‘‘(A) involves activities described in paragraph

12 (1), (2), or (3) of subsection (a);

13 ‘‘(B) involves equipment described in paragraph

14 (4) of subsection (a); or

15 ‘‘(C) is critical to an objective described in para16 graph (5) of subsection (a) and is not excluded by

17 paragraph (1) of this subsection.’’.

18 SEC. 1082. SALE OF CHEMICALS USED TO MANUFACTURE

19 CONTROLLED SUBSTANCES BY FEDERAL DE20 PARTMENTS OR AGENCIES.

21 A Federal department or agency may not sell from the

22 stocks of the department or agency any chemical which, as

23 determined by the Administrator of the Drug Enforcement

24 Agency, could be used in the manufacture of a controlled

25 substance as defined in section 102 of the Controlled Sub-
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1 stances Act (21 U.S.C. 802) unless the Administrator cer2 tifies in writing to the head of the department or agency

3 that there is no reasonable cause to believe that the sale of

4 the chemical would result in the illegal manufacture of a

5 controlled substance.

6 SEC. 1083. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.

7 (a) STATUS OF EXCESS AIRCRAFT.—Operational sup8 port airlift aircraft excess to the requirements of the Depart9 ment of Defense shall be placed in an inactive status and

10 stored at Davis-Monthan Air Force Base, Arizona, pending

11 the completion of any study or analysis of the costs and

12 benefits of disposing of or operating such aircraft that pre13 cedes a decision to dispose of or continue to operate such

14 aircraft.

15 (b) OPERATIONAL SUPPORT AIRLIFT AIRCRAFT DE16 FINED.—In this section, the term ‘‘operational support air17 lift aircraft’’ has the meaning given such term in section

18 1086(f) of the National Defense Authorization Act for Fiscal

19 Year 1996 (Public Law 104–106; 110 Stat. 458).

20 SEC. 1084. SENSE OF SENATE REGARDING BOSNIA AND

21 HERZEGOVINA.

22 It is the sense of the Senate that, notwithstanding any

23 other provision of law, in order to maximize the amount

24 of equipment provided to the Government of Bosnia and

25 Herzegovina under the authority contained in section 540
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1 of the Foreign Operations Act of 1996 (Public Law 104–

2 107), the price of the transferred equipment shall not exceed

3 the lowest level at which the same or similar equipment has

4 been transferred to any other country under any other Unit5 ed States Government program.

6 SEC. 1085. STRENGTHENING CERTAIN SANCTIONS AGAINST

7 NUCLEAR PROLIFERATION ACTIVITIES.

8 (a) IN GENERAL.—Section 2(b)(4) of the Export-Im9 port Bank Act of 1945 (12 U.S.C. 635(b)(4)) is amended—

10 (1) by inserting after ‘‘any country has willfully

11 aided or abetted’’ the following: ‘‘, or any person has

12 knowingly aided or abetted,’’;

13 (2) by striking ‘‘or countries’’ and inserting ‘‘,

14 countries, person, or persons’’;

15 (3) by inserting after ‘‘United States exports to

16 such country’’ the following: ‘‘or, in the case of any

17 such person, give approval to guarantee, insure, or ex18 tend credit, or participate in the extension of credit

19 in support of, exports to or by any such person for

20 a 12-month period,’’;

21 (4) by inserting ‘‘(A)’’ immediately after ‘‘(4)’’;

22 (5) by inserting after ‘‘United States exports to

23 such country’’ the second place it appears the follow24 ing: ‘‘, except as provided in subparagraph (B),’’; and

25 (6) by adding at the end the following:
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1 ‘‘(B) In the case of any country or person aiding or

2 abetting a non-nuclear-weapon state as described in sub3 paragraph (A), the prohibition on financing by the Bank

4 contained in the second sentence of that subparagraph shall

5 not apply to the country or person, as the case may be,

6 if the President determines and certifies in writing to the

7 Congress that—

8 ‘‘(i) reliable information indicates that the coun9 try or person with respect to which the determination

10 is made has ceased to aid or abet any non-nuclear11 weapon state to acquire any nuclear explosive device

12 or to acquire unsafeguarded special nuclear material;

13 and

14 ‘‘(ii) the President has received reliable assur15 ances from the country or person that such country

16 or person will not, in the future, aid or abet any non17 nuclear-weapon state in its efforts to acquire any nu18 clear explosive device or any unsafeguarded special

19 nuclear material.

20 ‘‘(C) For purposes of subparagraphs (A) and (B)—

21 ‘‘(i) the term ‘country’ has the meaning given to

22 ‘foreign state’ in section 1603(a) of title 28, United

23 States Code;
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1 ‘‘(ii) the term ‘knowingly’ is used within the

2 meaning of the term ‘knowing’ in section 104 of the

3 Foreign Corrupt Practices Act; and

4 ‘‘(iii) the term ‘person’ means a natural person

5 as well as a corporation, business association, part6 nership, society, trust, any other nongovernmental en7 tity, organization, or group, and any governmental

8 entity operating as a business enterprise, and any

9 successor of any such entity.’’.

10 (b) EFFECTIVE DATE.—(1) The amendments made by

11 paragraphs (1) through (5) of subsection (a) shall apply

12 to persons, and the amendment made by subsection (a)(6),

13 shall apply to countries and persons, aiding or abetting

14 non-nuclear weapon states on or after June 29, 1994.

15 (2) Nothing in this section or the amendments made

16 by this section shall apply to obligations undertaken pursu17 ant to guarantees, insurance, and the extension of credits

18 (and participation in the extension of credits) made before

19 the date of enactment of this Act.

20 SEC. 1086. TECHNICAL AMENDMENT.

21 Paragraph (3) of section 8003(a) of the Elementary

22 and Secondary Education Act of 1965 (20 U.S.C. 7703(a))

23 is amended—
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1 (1) by striking ‘‘2000 and such number equals or

2 exceeds 15’’ and inserting ‘‘1000 or such number

3 equals or exceeds 10’’; and

4 (2) by inserting ‘‘, except that notwithstanding

5 any other provision of this title the Secretary shall

6 not make a payment computed under this paragraph

7 for a child described in subparagraph (F) or (G) of

8 paragraph (1) who is associated with Federal prop9 erty used for Department of Defense activities unless

10 funds for such payment are made available to the

11 Secretary from funds available to the Secretary of De12 fense’’ before the period.

13 SEC. 1087. FACILITY FOR MILITARY DEPENDENT CHILDREN

14 WITH DISABILITIES, LACKLAND AIR FORCE

15 BASE, TEXAS.

16 (a) FUNDING.—Of the amounts authorized to be ap17 propriated by this Act for the Department of the Air Force,

18 $2,000,000 may be available for the construction at

19 Lackland Air Force Base, Texas, of a facility (and support20 ing infrastructure) to provide comprehensive care and reha21 bilitation services to children with disabilities who are de22 pendents of members of the Armed Forces.

23 (b) TRANSFER OF FUNDS.—Subject to subsection (c),

24 the Secretary of the Air Force may grant the funds avail25 able under subsection (a) to the Children’s Association for
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1 Maximum Potential (CAMP) for use by the association to

2 defray the costs of designing and constructing the facility

3 referred to in subsection (a).

4 (c) LEASE OF FACILITY.—(1) The Secretary may not

5 make a grant of funds under subsection (b) until the Sec6 retary and the association enter into an agreement under

7 which the Secretary leases to the association the facility to

8 be constructed using the funds.

9 (2)(A) The term of the lease under paragraph (1) may

10 not be less than 25 years.

11 (B) As consideration for the lease of the facility, the

12 association shall assume responsibility for the operation

13 and maintenance of the facility, including the costs of such

14 operation and maintenance.

15 (3) The Secretary may require such additional terms

16 and conditions in connection with the lease as the Secretary

17 considers appropriate to protect the interests of the United

18 States.

19 SEC. 1088. PROHIBITION ON THE DISTRIBUTION OF INFOR20 MATION RELATING TO EXPLOSIVE MATE21 RIALS FOR A CRIMINAL PURPOSE.

22 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

23 United States Code, is amended by adding at the end the

24 following new subsection:
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1 ‘‘(l) It shall be unlawful for any person to teach or

2 demonstrate the making of explosive materials, or to distrib3 ute by any means information pertaining to, in whole or

4 in part, the manufacture of explosive materials, if the per5 son intends or knows, that such explosive materials or infor6 mation will be used for, or in furtherance of, an activity

7 that constitutes a Federal criminal offense or a criminal

8 purpose affecting interstate commerce.’’.

9 (b) PENALTY.—Section 844(a) of title 18, United

10 States Code, is amended—

11 (1) by striking ‘‘(a) Any person’’ and inserting

12 ‘‘(a)(1) Any person’’; and

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

14 ‘‘(2) Any person who violates subsection (l) of section

15 842 of this chapter shall be fined under this title, impris16 oned not more than 20 years, or both.’’.

17 SEC. 1089. EXEMPTION FOR SAVINGS INSTITUTIONS SERV18 ING MILITARY PERSONNEL.

19 Section 10(m)(3)(F) of the Home Owners’ Loan Act

20 (12 U.S.C. 1467a(m)(3)(F)) is amended to read as follows:

21 ‘‘(F) EXEMPTION FOR SPECIALIZED SAV22 INGS ASSOCIATIONS SERVING CERTAIN MILITARY

23 PERSONNEL.—Subparagraph (A) does not apply

24 to a savings association subsidiary of a savings

25 and loan holding company if not less than 90
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1 percent of the customers of the savings and loan

2 holding company and the subsidiaries and affili3 ates of such company are active or former offi4 cers in the United States military services or the

5 widows, widowers, divorced spouses, or current

6 or former dependents of such officers.’’.

7 Subtitle G—Review of Armed Forces

8 Force Structures

9 SEC. 1091. SHORT TITLE.

10 This subtitle may be cited as the ‘‘Armed Forces Force

11 Structures Review Act of 1996’’.

12 SEC. 1092. FINDINGS.

13 Congress makes the following findings:

14 (1) Since the collapse of the Soviet Union in

15 1991, the United States has conducted two substantial

16 assessments of the force structure of the Armed Forces

17 necessary to meet United States defense requirements.

18 (2) The assessment by the Bush Administration

19 (known as the ‘‘Base Force’’ assessment) and the as20 sessment by the Clinton Administration (known as

21 the ‘‘Bottom-Up Review’’) were intended to reassess

22 the force structure of the Armed Forces in light of the

23 changing realities of the post-Cold War world.

24 (3) Both assessments served an important pur25 pose in focusing attention on the need to reevaluate
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1 the military posture of the United States, but the pace

2 of global change necessitates a new, comprehensive as3 sessment of the defense strategy of the United States

4 and the force structure of the Armed Forces required

5 to meet the threats to the United States in the 21st

6 century.

7 (4) The Bottom-Up Review has been criticized on

8 several points, including—

9 (A) the assumptions underlying the strategy

10 of planning to fight and win two nearly simulta11 neous major regional conflicts;

12 (B) the force levels recommended to carry

13 out that strategy; and

14 (C) the funding proposed for such rec15 ommended force levels.

16 (5) In response to the recommendations of the

17 Commission on Roles and Missions of the Armed

18 Forces, the Secretary of Defense endorsed the concept

19 of conducting a quadrennial review of the defense pro20 gram at the beginning of each newly elected Presi21 dential administration, and the Secretary intends to

22 complete the first such review in 1997.

23 (6) The review is to involve a comprehensive ex24 amination of defense strategy, the force structure of

25 the active, guard, and reserve components, force mod-
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1 ernization plans, infrastructure, and other elements of

2 the defense program and policies in order to deter3 mine and express the defense strategy of the United

4 States and to establish a revised defense program

5 through the year 2005.

6 (7) In order to ensure that the force structure of

7 the Armed Forces is adequate to meet the challenges

8 to the national security interests of the United States

9 in the 21st century, to assist the Secretary of Defense

10 in conducting the review referred to in paragraph (5),

11 and to assess the appropriate force structure of the

12 Armed Forces through the year 2010 and beyond (if

13 practicable), it is important to provide for the con14 duct of an independent, non-partisan review of the

15 force structure that is more comprehensive than prior

16 assessments of the force structure, extends beyond the

17 quadrennial defense review, and explores innovative

18 and forward-thinking ways of meeting such chal19 lenges.

20 SEC. 1093. QUADRENNIAL DEFENSE REVIEW.

21 (a) REQUIREMENT IN 1997.—The Secretary of Defense,

22 in consultation with the Chairman of the Joint Chiefs of

23 Staff, shall complete in 1997 a review of the defense pro24 gram of the United States intended to satisfy the require25 ments for a Quadrennial Defense Review as identified in
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1 the recommendations of the Commission on Roles and Mis2 sions of the Armed Forces. The review shall include a com3 prehensive examination of the defense strategy, force struc4 ture, force modernization plans, infrastructure, and other

5 elements of the defense program and policies with a view

6 toward determining and expressing the defense strategy of

7 the United States and establishing a revised defense pro8 gram through the year 2005.

9 (b) INVOLVEMENT OF NATIONAL DEFENSE PANEL.—

10 (1) The Secretary shall apprise the National Defense Panel

11 established under section 1084, on an on-going basis, of the

12 work undertaken in the conduct of the review.

13 (2) Not later than March 14, 1997, the Chairman of

14 the National Defense Panel shall submit to the Secretary

15 the Panel’s assessment of work undertaken in the conduct

16 of the review as of that date and shall include in the assess17 ment the recommendations of the Panel for improvements

18 to the review, including recommendations for additional

19 matters to be covered in the review.

20 (c) ASSESSMENTS OF REVIEW.—Upon completion of

21 the review, the Chairman of the Joint Chiefs of Staff and

22 the Chairman of the National Defense Panel shall each pre23 pare and submit to the Secretary such chairman’s assess24 ment of the review in time for the inclusion of the assess25 ment in its entirety in the report under subsection (d).
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1 (d) REPORT.—Not later than May 15, 1997, the Sec2 retary shall submit to the Committee on Armed Services

3 of the Senate and the Committee on National Security of

4 the House of Representatives a comprehensive report on the

5 review. The report shall include the following:

6 (1) The results of the review, including a com7 prehensive discussion of the defense strategy of the

8 United States and the force structure best suited to

9 implement the strategy.

10 (2) The threats examined for purposes of the re11 view and the scenarios developed in the examination

12 of such threats.

13 (3) The assumptions used in the review, includ14 ing assumptions relating to the cooperation of allies

15 and mission-sharing, levels of acceptable risk, warn16 ing times, and intensity and duration of conflict.

17 (4) The effect on the force structure of prepara18 tions for and participation in peace operations and

19 military operations other than war.

20 (5) The effect on the force structure of the utiliza21 tion by the Armed Forces of technologies anticipated

22 to be available by the year 2005, including precision

23 guided munitions, stealth, night vision, digitization,

24 and communications, and the changes in doctrine
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1 and operational concepts that would result from the

2 utilization of such technologies.

3 (6) The manpower and sustainment policies re4 quired under the defense strategy to support engage5 ment in conflicts lasting more than 120 days.

6 (7) The anticipated roles and missions of the re7 serve components in the defense strategy and the

8 strength, capabilities, and equipment necessary to as9 sure that the reserve components can capably dis10 charge such roles and missions.

11 (8) The appropriate ratio of combat forces to

12 support forces (commonly referred to as the ‘‘tooth-to13 tail’’ ratio) under the defense strategy, including, in

14 particular, the appropriate number and size of head15 quarter units and Defense Agencies for that purpose.

16 (9) The air-lift and sea-lift capabilities required

17 to support the defense strategy.

18 (10) The forward presence, pre-positioning, and

19 other anticipatory deployments necessary under the

20 defense strategy for conflict deterrence and adequate

21 military response to anticipated conflicts.

22 (11) The extent to which resources must be shift23 ed among two or more theaters under the defense

24 strategy in the event of conflict in such theaters.
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1 (12) The advisability of revisions to the Unified

2 Command Plan as a result of the defense strategy.

3 SEC. 1094. NATIONAL DEFENSE PANEL.

4 (a) ESTABLISHMENT.—Not later than December 1,

5 1996, the Secretary of Defense shall establish a non-par6 tisan, independent panel to be known as the National De7 fense Panel (in this section referred to as the ‘‘Panel’’). The

8 Panel shall have the duties set forth in this section.

9 (b) MEMBERSHIP.—The Panel shall be composed of a

10 chairman and eight other individuals appointed by the Sec11 retary, in consultation with the Chairman and ranking

12 member of the Committee on Armed Services of the Senate

13 and the Chairman and ranking member of the Committee

14 on National Security of the House of Representatives, from

15 among individuals in the private sector who are recognized

16 experts in matters relating to the national security of the

17 United States.

18 (c) DUTIES.—The Panel shall—

19 (1) conduct and submit to the Secretary the as20 sessment of the review under section 1083 that is re21 quired by subsection (b)(2) of that section;

22 (2) conduct and submit to the Secretary the com23 prehensive assessment of the review that is required

24 by subsection (c) of that section upon completion of

25 the review; and
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1 (3) conduct the assessment of alternative force

2 structures for the Armed Forces required under sub3 section (d).

4 (d) ALTERNATIVE FORCE STRUCTURE ASSESSMENT.—

5 (1) The Panel shall submit to the Secretary an independent

6 assessment of a variety of possible force structures of the

7 Armed Forces through the year 2010 and beyond, including

8 the force structure identified in the report on the review

9 under section 1083(d). The purpose of the assessment is to

10 develop proposals for an ‘‘above the line’’ force structure of

11 the Armed Forces and to provide the Secretary and Con12 gress recommendations regarding the optimal force struc13 ture to meet anticipated threats to the national security of

14 the United States through the time covered by the assess15 ment.

16 (2) In conducting the assessment, the Panel shall ex17 amine a variety of potential threats (including near-term

18 threats and long-term threats) to the national security in19 terests of the United States, including the following:

20 (A) Conventional threats across a spectrum of

21 conflicts.

22 (B) The proliferation of weapons of mass de23 struction and the means of delivering such weapons,

24 and the illicit transfer of technology relating to such

25 weapons.
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1 (C) The vulnerability of United States tech2 nology to non-traditional threats, including informa3 tion warfare.

4 (D) Domestic and international terrorism.

5 (E) The emergence of a major challenger having

6 military capabilities similar to those of the United

7 States.

8 (F) Any other significant threat, or combination

9 of threats, identified by the Panel.

10 (3) For purposes of the assessment, the Panel shall de11 velop a variety of scenarios requiring a military response

12 by the Armed Forces, including the following:

13 (A) Scenarios developed in light of the threats

14 examined under paragraph (2).

15 (B) Scenarios developed in light of a continuum

16 of conflicts ranging from a conflict of lesser mag17 nitude than the conflict described in the Bottom-Up

18 Review to a conflict of greater magnitude than the

19 conflict so described.

20 (4) As part of the assessment, the Panel shall also—

21 (A) develop recommendations regarding a vari22 ety of force structures for the Armed Forces that per23 mit the forward deployment of sufficient land- and

24 sea-based forces to provide an effective deterrent to

25 conflict and to permit a military response by the
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1 United States to the scenarios developed under para2 graph (3);

3 (B) to the extent practicable, estimate the fund4 ing required by fiscal year, in constant fiscal year

5 1997 dollars, to organize, equip, and support the

6 forces contemplated under the force structures assessed

7 in the assessment; and

8 (C) comment on each of the matters also to be in9 cluded by the Secretary in the report required by sec10 tion 1083(d).

11 (e) REPORT.—(1) Not later than December 1, 1997,

12 the Panel shall submit to the Secretary a report setting forth

13 the activities, findings and recommendations of the Panel

14 under subsection (d), including any recommendations for

15 legislation that the Panel considers appropriate.

16 (2) Not later than December 15, 1997, the Secretary

17 shall, after consultation with the Chairman of the Joint

18 Chiefs of Staff, submit to the committees referred to in sub19 section (b)(1) a copy of the report under paragraph (1),

20 together with the Secretary’s comments on the report.

21 (f) INFORMATION FROM FEDERAL AGENCIES.—The

22 Panel may secure directly from the Department of Defense

23 and any of its components and from any other Federal de24 partment and agency such information as the Panel consid25 ers necessary to carry out its duties under this section. The
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1 head of the department or agency concerned shall ensure

2 that information requested by the Panel under this sub3 section is promptly provided.

4 (g) PERSONNEL MATTERS.—(1) Each member of the

5 Panel shall be compensated at a rate equal to the daily

6 equivalent of the annual rate of basic pay prescribed for

7 level IV of the Executive Schedule under section 5315 of title

8 5, United States Code, for each day (including travel time)

9 during which such member is engaged in the performance

10 of the duties of the Panel.

11 (2) The members of the Panel shall be allowed travel

12 expenses, including per diem in lieu of subsistence, at rates

13 authorized for employees of agencies under subchapter I of

14 chapter 57 of title 5, United States Code, while away from

15 their homes or regular places of business in the performance

16 of services for the Panel.

17 (3)(A) The chairman of the Panel may, without regard

18 to the civil service laws and regulations, appoint and termi19 nate an executive director, and a staff of not more than

20 four additional individuals, if the Panel determines that

21 an executive director and staff are necessary in order for

22 the Panel to perform its duties effectively. The employment

23 of an executive director shall be subject to confirmation by

24 the Panel.
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1 (B) The chairman may fix the compensation of the ex2 ecutive director without regard to the provisions of chapter

3 51 and subchapter III of chapter 53 of title 5, United States

4 Code, relating to classification of positions and General

5 Schedule pay rates, except that the rate of pay for the execu6 tive director may not exceed the rate payable for level V

7 of the Executive Schedule under section 5316 of such title.

8 (4) Any Federal Government employee may be detailed

9 to the Panel without reimbursement, and such detail shall

10 be without interruption or loss of civil service status or

11 privilege. The Secretary shall ensure that sufficient person12 nel are detailed to the Panel to enable the Panel to carry

13 out its duties effectively.

14 (5) To the maximum extent practicable, the members

15 and employees of the Panel shall travel on military aircraft,

16 military ships, military vehicles, or other military convey17 ances when travel is necessary in the performance of a duty

18 of the Panel, except that no such aircraft, ship, vehicle, or

19 other conveyance may be scheduled primarily for the trans20 portation of any such member or employee when the cost

21 of commercial transportation is less expensive.

22 (h) ADMINISTRATIVE PROVISIONS.—(1) The Panel

23 may use the United States mails and obtain printing and

24 binding services in the same manner and under the same
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1 conditions as other departments and agencies of the Federal

2 Government.

3 (2) The Secretary shall furnish the Panel any adminis4 trative and support services requested by the Panel.

5 (3) The Panel may accept, use, and dispose of gifts

6 or donations of services or property.

7 (i) PAYMENT OF PANEL EXPENSES.—The compensa8 tion, travel expenses, and per diem allowances of members

9 and employees of the Panel shall be paid out of funds avail10 able to the Department of Defense for the payment of com11 pensation, travel allowances, and per diem allowances, re12 spectively, of civilian employees of the Department. The

13 other expenses of the Panel shall be paid out of funds avail14 able to the Department for the payment of similar expenses

15 incurred by the Department.

16 (j) TERMINATION.—The Panel shall terminate 30 days

17 after the date on which the Panel submits its report to the

18 Secretary under subsection (e).

19 SEC. 1095. POSTPONEMENT OF DEADLINES.

20 In the event that the election of President of the United

21 States in 1996 results in a change in administrations, each

22 deadline set forth in this subtitle shall be postponed by 3

23 months.

24 SEC. 1096. DEFINITIONS.

25 In this subtitle:
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1 (1) The term ‘‘ ‘above the line’ force structure of

2 the Armed Forces’’ means a force structure (including

3 numbers, strengths, and composition and major items

4 of equipment) for the Armed Forces at the following

5 unit levels:

6 (A) In the case of the Army, the division.

7 (B) In the case of the Navy, the battle

8 group.

9 (C) In the case of the Air Force, the wing.

10 (D) In the case of the Marine Corps, the ex11 peditionary force.

12 (E) In the case of special operations forces

13 of the Army, Navy, or Air Force, the major oper14 ating unit.

15 (F) In the case of the strategic forces, the

16 ballistic missile submarine fleet, the heavy bomb17 er force, and the intercontinental ballistic missile

18 force.

19 (2) The term ‘‘Commission on Roles and Mis20 sions of the Armed Forces’’ means the Commission on

21 Roles and Missions of the Armed Forces established by

22 subtitle E of title IX of the National Defense Author23 ization Act for Fiscal Year 1994 (Public Law 103–

24 160; 107 Stat. 1738; 10 U.S.C. 111 note).
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1 (3) The term ‘‘military operation other than

2 war’’ means any operation other than war that re3 quires the utilization of the military capabilities of

4 the Armed Forces, including peace operations, hu5 manitarian assistance operations and activities,

6 counter-terrorism operations and activities, disaster

7 relief activities, and counter-drug operations and ac8 tivities.

9 (4) The term ‘‘peace operations’’ means military

10 operations in support of diplomatic efforts to reach

11 long-term political settlements of conflicts and in12 cludes peacekeeping operations and peace enforcement

13 operations.

14 TITLE XI—DEPARTMENT OF

15 DEFENSE CIVILIAN PERSONNEL

16 Subtitle A—Personnel Management,

17 Pay, and Allowances

18 SEC. 1101. SCOPE OF REQUIREMENT FOR CONVERSION OF

19 MILITARY POSITIONS TO CIVILIAN POSI20 TIONS.

21 Section 1032(a) of the National Defense Authorization

22 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

23 429; 10 U.S.C. 129a note) is amended—

24 (1) by striking out the text of paragraph (1) and

25 inserting in lieu thereof the following: ‘‘By September
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1 30, 1996, the Secretary of Defense shall convert at

2 least 3,000 military positions to civilian positions.’’;

3 (2) by striking out paragraph (2); and

4 (3) by redesignating paragraph (3) as para5 graph (2).

6 SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE POSITIONS

7 AT MILITARY TRAINING BASES TRANSFERRED

8 TO NATIONAL GUARD.

9 (a) MILITARY TRAINING INSTALLATIONS AFFECTED.—

10 This section applies with respect to each military training

11 installation that—

12 (1) was approved for closure in 1995 under the

13 Defense Base Closure and Realignment Act of 1990

14 (part A of title XXIX of Public Law 101–510; 10

15 U.S.C. 2687 note);

16 (2) is scheduled for transfer to National Guard

17 operation and control; and

18 (3) will continue to be used, after such transfer,

19 to provide training support to active and reserve com20 ponents of the Armed Forces.

21 (b) RETENTION OF EMPLOYEE POSITIONS.—In the

22 case of a military training installation described in sub23 section (a), the Secretary of Defense may retain civilian

24 employee positions of the Department of Defense at the in25 stallation after transfer to the National Guard of a State
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1 in order to facilitate active and reserve component training

2 at the installation. The Secretary, in consultation with the

3 Adjutant General of the National Guard of that State, shall

4 determine the extent to which positions at that installation

5 are to be retained as positions in the Department of De6 fense.

7 (c) MAXIMUM NUMBER OF POSITIONS RETAINED.—

8 The maximum number of civilian employee positions re9 tained at an installation under this section shall not exceed

10 20 percent of the Federal civilian workforce employed at

11 the installation as of September 8, 1995.

12 (d) REMOVAL OF POSITION.—The decision to retain ci13 vilian employee positions at an installation under this sec14 tion shall cease to apply to a position so retained on the

15 date on which the Secretary certifies to Congress that it is

16 no longer necessary to retain the position in order to ensure

17 that effective support is provided at the installation for ac18 tive and reserve component training.

19 SEC. 1103. CLARIFICATION OF LIMITATION ON FURNISHING

20 CLOTHING OR PAYING A UNIFORM ALLOW21 ANCE TO ENLISTED NATIONAL GUARD TECH22 NICIANS.

23 Section 418(c) of title 37, United States Code, is

24 amended by striking out ‘‘for which a uniform allowance

25 is paid under section 415 or 416 of this title’’ and inserting
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1 in lieu thereof ‘‘for which clothing is furnished or a uniform

2 allowance is paid under this section’’.

3 SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE FOR CI4 VILIAN EMPLOYEES OF THE DEPARTMENT OF

5 DEFENSE ABROAD.

6 (a) IN GENERAL.—Chapter 81 of title 10, United

7 States Code, is amended by adding at the end the following

8 new section:

9 ‘‘§ 1599b. Employees abroad: travel expenses; health

10 care

11 ‘‘(a) IN GENERAL.—The Secretary of Defense may pro12 vide civilian employees, and members of their families,

13 abroad with benefits that are comparable to certain benefits

14 that are provided by the Secretary of State to members of

15 the Foreign Service and their families abroad as described

16 in subsections (b) and (c). The Secretary may designate the

17 employees and members of families who are eligible to re18 ceive the benefits.

19 ‘‘(b) TRAVEL AND RELATED EXPENSES.—The Sec20 retary of Defense may pay travel expenses and related ex21 penses for purposes and in amounts that are comparable

22 to the purposes for which, and the amounts in which, travel

23 and related expenses are paid by the Secretary of State

24 under section 901 of the Foreign Service Act of 1980 (22

25 U.S.C. 4081).
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1 ‘‘(c) HEALTH CARE PROGRAM.—The Secretary of De2 fense may establish a health care program that is com3 parable to the health care program established by the Sec4 retary of State under section 904 of that Act (22 U.S.C.

5 4084).

6 ‘‘(d) ASSISTANCE.—The Secretary of Defense may

7 enter into agreements with the heads of other departments

8 and agencies of the Federal Government in order to facili9 tate the payment of expenses authorized by subsection (b)

10 and to carry out a health care program authorized by sub11 section (c).

12 ‘‘(e) ABROAD DEFINED.—In this section, the term

13 ‘abroad’ means outside—

14 ‘‘(1) the United States; and

15 ‘‘(2) the territories and possessions of the United

16 States.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections at

18 the beginning of such chapter is amended by inserting after

19 the item relating to section 1599a the following new item:

‘‘1599b. Employees abroad: travel expenses; health care.’’.

20 SEC. 1105. TRAVEL, TRANSPORTATION, AND RELOCATION

21 ALLOWANCES FOR CERTAIN FORMER NON22 APPROPRIATED FUND EMPLOYEES.

23 (a) IN GENERAL.—(1) Subchapter II of chapter 57 of

24 title 5, United States Code, is amended by adding at the

25 end the following new section:
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1 ‘‘§ 5736. Travel, transportation, and relocation ex2 penses of certain nonappropriated fund

3 employees

4 ‘‘An employee of a nonappropriated fund instrumen5 tality of the Department of Defense or the Coast Guard de6 scribed in section 2105(c) of this title who moves, without

7 a break in service of more than 3 days, to a position in

8 the Department of Defense or the Coast Guard, respectively,

9 may be authorized travel, transportation, and relocation ex10 penses and allowances under the same conditions and to

11 the same extent authorized by this subchapter for trans12 ferred employees.’’.

13 (2) The table of sections at the beginning of chapter

14 57 of such title is amended by inserting after the item relat15 ing to section 5735 the following new item:

‘‘5736. Travel, transportation, and relocation expenses of certain nonappropriated

fund employees.’’.

16 (b) APPLICABILITY.—Section 5736 of title 5, United

17 States Code (as added by subsection (a)(1)), shall apply to

18 moves between positions as described in such section that

19 are effective on or after October 1, 1996.

20 SEC. 1106. EMPLOYMENT AND SALARY PRACTICES APPLICA21 BLE TO DEPARTMENT OF DEFENSE OVER22 SEAS TEACHERS.

23 (a) EXPANSION OF SCOPE OF EDUCATORS COV24 ERED.—Section 2 of the Defense Department Overseas
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1 Teachers Pay and Personnel Practices Act (20 U.S.C. 901)

2 is amended—

3 (1) in subparagraph (A) of paragraph (1), by

4 inserting ‘‘, or are performed by an individual who

5 carried out certain teaching activities identified in

6 regulations prescribed by the Secretary of Defense’’

7 after ‘‘Defense,’’; and

8 (2) by striking out subparagraph (C) of para9 graph (2) and inserting in lieu thereof the following:

10 ‘‘(C) who is employed in a teaching position

11 described in paragraph (1).’’.

12 (b) TRANSFER OF RESPONSIBILITY FOR EMPLOYMENT

13 AND SALARY PRACTICES.—Section 5 of such Act (20 U.S.C.

14 903) is amended—

15 (1) in subsection (a)—

16 (A) by striking out ‘‘secretary of each mili17 tary department in the Department of Defense’’

18 and inserting in lieu thereof ‘‘Secretary of De19 fense’’; and

20 (B) by striking out ‘‘his military depart21 ment’’ and inserting in lieu thereof ‘‘the Depart22 ment of Defense’’;

23 (2) in subsection (b)—

24 (A) in the matter preceding paragraph (1),

25 by striking out ‘‘secretary of each military de-
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1 partment—’’ and inserting in lieu thereof ‘‘Sec2 retary of Defense—’’; and

3 (B) in paragraph (1), by striking out ‘‘his

4 military department,’’ and inserting in lieu

5 thereof ‘‘the Department of Defense’’;

6 (3) in subsection (c)—

7 (A) by striking out ‘‘Secretary of each mili8 tary department’’ and inserting in lieu thereof

9 ‘‘Secretary of Defense’’; and

10 (B) by striking out ‘‘his military depart11 ment’’ and inserting in lieu thereof ‘‘the Depart12 ment of Defense’’; and

13 (4) in subsection (d), by striking out ‘‘Secretary

14 of each military department’’ and inserting in lieu

15 thereof ‘‘Secretary of Defense’’.

16 SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN

17 FACULTY MEMBERS AT CERTAIN DEPART18 MENT OF DEFENSE SCHOOLS.

19 (a) FACULTIES.—Section 1595(c) of title 10, United

20 States Code, is amended by inserting after paragraph (3)

21 the following new paragraph (4):

22 ‘‘(4) The English Language Center of the Defense

23 Language Institute.

24 ‘‘(5) The Asia-Pacific Center for Security Stud25 ies.’’.
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1 (b) CERTAIN ADMINISTRATORS.—Such section 1595 is

2 amended by adding at the end the following:

3 ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DIREC4 TOR AT ASIA-PACIFIC CENTER FOR SECURITY STUDIES.—

5 In the case of the Asia-Pacific Center for Security Studies,

6 this section also applies with respect to the Director and

7 the Deputy Director.’’.

8 SEC. 1108. REIMBURSEMENT OF DEPARTMENT OF DEFENSE

9 DOMESTIC DEPENDENT SCHOOL BOARD MEM10 BERS FOR CERTAIN EXPENSES.

11 Section 2164(d) of title 10, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(7) The Secretary may provide for reimbursement of

14 a school board member for expenses incurred by the member

15 for travel, transportation, program fees, and activity fees

16 that the Secretary determines are reasonable and necessary

17 for the performance of school board duties by the member.’’.

18 SEC. 1109. EXTENSION OF AUTHORITY FOR CIVILIAN EM19 PLOYEES OF DEPARTMENT OF DEFENSE TO

20 PARTICIPATE VOLUNTARILY IN REDUCTIONS

21 IN FORCE.

22 Section 3502(f)(5) of title 5, United States Code, is

23 amended by striking out ‘‘September 30, 1996’’ and insert24 ing in lieu thereof ‘‘September 30, 2001’’.
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1 SEC. 1110. COMPENSATORY TIME OFF FOR OVERTIME WORK

2 PERFORMED BY WAGE-BOARD EMPLOYEES.

3 Section 5543 of title 5, United States Code, is amended

4 by adding at the end the following:

5 ‘‘(c) The head of an agency may, on request of an em6 ployee, grant the employee compensatory time off from the

7 employee’s scheduled tour of duty instead of payment under

8 section 5544 of this title or section 7 of the Fair Labor

9 Standards Act of 1938 for an equal amount of time spent

10 in irregular or occasional overtime work.’’.

11 SEC. 1111. LIQUIDATION OF RESTORED ANNUAL LEAVE

12 THAT REMAINS UNUSED UPON TRANSFER OF

13 EMPLOYEE FROM INSTALLATION BEING

14 CLOSED OR REALIGNED.

15 (a) LUMP-SUM PAYMENT REQUIRED.—Section 5551 of

16 title 5, United States Code, is amended by adding at the

17 end the following new subsection:

18 ‘‘(c)(1) Annual leave that is restored to an employee

19 of the Department of Defense under section 6304(d) of this

20 title by reason of the operation of paragraph (3) of such

21 section and remains unused upon the transfer of the em22 ployee to a position described in paragraph (2) shall be liq23 uidated by payment of a lump-sum for such leave to the

24 employee upon the transfer.

25 ‘‘(2) A position referred to in paragraph (1) is a posi26 tion in a department or agency of the Federal Government
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1 outside the Department of Defense or a Department of De2 fense position that is not located at a Department of Defense

3 installation being closed or realigned as described in section

4 6304(d)(3) of this title.’’.

5 (b) APPLICABILITY.—Subsection (c) of section 5551 of

6 title 5, United States Code (as added by subsection (a)),

7 shall apply with respect to transfers described in such sub8 section (c) that take effect on or after the date of the enact9 ment of this Act.

10 SEC. 1112. WAIVER OF REQUIREMENT FOR REPAYMENT OF

11 VOLUNTARY SEPARATION INCENTIVE PAY BY

12 FORMER DEPARTMENT OF DEFENSE EMPLOY13 EES REEMPLOYED BY THE GOVERNMENT

14 WITHOUT PAY.

15 Section 5597(g) of title 5, United States Code, is

16 amended by adding at the end the following new paragraph:

17 ‘‘(5) If the employment is without compensation, the

18 appointing official may waive the repayment.’’.

19 SEC. 1113. FEDERAL HOLIDAY OBSERVANCE RULES FOR DE20 PARTMENT OF DEFENSE EMPLOYEES.

21 (a) HOLIDAYS OCCURRING ON NONWORKDAYS.—Sec22 tion 6103(b) of title 5, United States Code, is amended by

23 inserting after paragraph (2) the following new paragraph:

24 ‘‘(3) In the case of a full-time employee of the

25 Department of Defense, the following rules apply:
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1 ‘‘(A) When a legal public holiday occurs on

2 a Sunday that is not a regular weekly workday

3 for an employee, the employee’s next workday is

4 the legal public holiday for the employee.

5 ‘‘(B) When a legal public holiday occurs on

6 a regular weekly nonworkday that is adminis7 tratively scheduled for an employee instead of

8 Sunday, the employee’s next workday is the legal

9 public holiday for the employee.

10 ‘‘(C) When a legal public holiday occurs on

11 an employee’s regular weekly nonworkday imme12 diately following a regular weekly nonworkday

13 that is administratively scheduled for the em14 ployee instead of Sunday, the employee’s next

15 workday is the legal public holiday for the em16 ployee.

17 ‘‘(D) When a legal public holiday occurs on

18 an employee’s regular weekly nonworkday that is

19 not a nonworkday referred to in subparagraph

20 (A), (B), or (C), the employee’s preceding work21 day is the legal public holiday for the employee.

22 ‘‘(E) The Secretary concerned (as defined in

23 section 101(a) of title 10) may schedule a legal

24 public holiday for an employee to be on a dif25 ferent day than the one that would otherwise
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1 apply for the employee under subparagraph (A),

2 (B), (C), or (D).

3 ‘‘(F) If a legal public holiday for an em4 ployee would be different under paragraph (1) or

5 (2) than the day determined under this para6 graph, the legal public holiday for the employee

7 shall be the day that is determined under this

8 paragraph.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Section 6103(b) of such title, as amended by subsection (a),

11 is further amended—

12 (1) in paragraph (1), by striking out ‘‘legal pub13 lic holiday for—’’ and all that follows through the pe14 riod and inserting in lieu thereof ‘‘legal public holi15 day for employees whose basic workweek is Monday

16 through Friday.’’; and

17 (2) in the matter following paragraph (3), by

18 striking out ‘‘This subsection, except subparagraph

19 (B) of paragraph (1),’’ and inserting in lieu thereof

20 ‘‘Paragraphs (1) and (2)’’.

21 SEC. 1114. REVISION OF CERTAIN TRAVEL MANAGEMENT

22 AUTHORITIES.

23 (a) REPEAL OF REQUIREMENTS RELATING TO FIRE24 SAFE ACCOMMODATIONS.—(1) Section 5707 of title 5, Unit25 ed States Code, is amended by striking out subsection (d).
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1 (2) Subsection (b) of section 5 of the Hotel and Motel

2 Fire Safety Act of 1990 (Public Law 101–391; 104 Stat.

3 751; 5 U.S.C. 5707 note) is repealed.

4 (b) REPEAL OF PROHIBITION ON PAYMENT OF LODG5 ING EXPENSES OF DEPARTMENT OF DEFENSE EMPLOYEES

6 AND OTHER CIVILIANS WHEN ADEQUATE GOVERNMENT

7 QUARTERS ARE AVAILABLE.—(1) Section 1589 of title 10,

8 United States Code, is repealed.

9 (2) The table of sections at the beginning of chapter

10 81 of such title is amended by striking out the item relating

11 to such section.

12 Subtitle B—Defense Economic Ad13 justment, Diversification, Con14 version, and Stabilization

15 SEC. 1121. PILOT PROGRAMS FOR DEFENSE EMPLOYEES

16 CONVERTED TO CONTRACTOR EMPLOYEES

17 DUE TO PRIVATIZATION AT CLOSED MILI18 TARY INSTALLATIONS.

19 (a) PILOT PROGRAMS AUTHORIZED.—(1) The Sec20 retary of Defense, after consultation with the Secretary of

21 the Navy, the Secretary of the Air Force, and the Director

22 of the Office of Personnel Management, may establish a

23 pilot program under which Federal retirement benefits are

24 provided in accordance with this section to persons who

25 convert from Federal employment in the Department of the
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1 Navy or the Department of the Air Force to employment

2 by a Department of Defense contractor in connection with

3 the privatization of the performance of functions at selected

4 military installations being closed under the base closure

5 and realignment process.

6 (2) The Secretary of Defense shall select the installa7 tions to be covered by a pilot program under this section.

8 (b) ELIGIBLE TRANSFERRED EMPLOYEES.—(1) A per9 son is a transferred employee eligible for benefits under this

10 section if the person is a former employee of the Department

11 of Defense (other than a temporary employee) who—

12 (A) while employed by the Department of De13 fense in a function recommended to be privatized as

14 part of the closure and realignment of military in15 stallations pursuant to section 2903(e) of the Defense

16 Base Closure and Realignment Act of 1990 (title

17 XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

18 and while covered under the Civil Service Retirement

19 System, separated from Federal service after being no20 tified that the employee would be separated in a re21 duction-in-force resulting from conversion from per22 formance of a function by Department of Defense em23 ployees at that military installation to performance of

24 that function by a defense contractor at that installa25 tion or in the vicinity of that installation;
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1 (B) is employed by the defense contractor within

2 60 days following such separation to perform substan3 tially the same function performed before the separa4 tion;

5 (C) remains employed by the defense contractor

6 (or a successor defense contractor) or subcontractor of

7 the defense contractor (or successor defense contractor)

8 until attaining early deferred retirement age (unless

9 the employment is sooner involuntarily terminated

10 for reasons other than performance or conduct of the

11 employee);

12 (D) at the time separated from Federal service,

13 was not eligible for an immediate annuity under the

14 Civil Service Retirement System; and

15 (E) does not withdraw retirement contributions

16 under section 8342 of title 5, United States Code.

17 (2) A person who, under paragraph (1), would other18 wise be eligible for an early deferred annuity under this

19 section shall not be eligible for such benefits if the person

20 received separation pay or severance pay due to a separa21 tion described in subparagraph (A) of that paragraph un22 less the person repays the full amount of such pay with

23 interest (computed at a rate determined appropriate by the

24 Director of the Office of Personnel Management) to the De-
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1 partment of Defense before attaining early deferred retire2 ment age.

3 (c) RETIREMENT BENEFITS OF TRANSFERRED EM4 PLOYEES.—In the case of a transferred employee covered

5 by a pilot program under this section, payment of a de6 ferred annuity for which the transferred employee is eligible

7 under section 8338(a) of title 5, United States Code, shall

8 commence on the first day of the first month that begins

9 after the date on which the transferred employee attains

10 early deferred retirement age, notwithstanding the age re11 quirement under that section.

12 (d) COMPUTATION OF AVERAGE PAY.—(1)(A) This

13 paragraph applies to a transferred employee who was em14 ployed in a position classified under the General Schedule

15 immediately before the employee’s covered separation from

16 Federal service.

17 (B) Subject to subparagraph (C), for purposes of com18 puting the deferred annuity for a transferred employee re19 ferred to in subparagraph (A), the average pay of the trans20 ferred employee, computed under section 8331(4) of title 5,

21 United States Code, as of the date of the employee’s covered

22 separation from Federal service, shall be adjusted at the

23 same time and by the same percentage that rates of basic

24 pay are increased under section 5303 of such title during

25 the period beginning on that date and ending on the date
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1 on which the transferred employee attains early deferred re2 tirement age.

3 (C) The average pay of a transferred employee, as ad4 justed under subparagraph (B), may not exceed the amount

5 to which an annuity of the transferred employee could be

6 increased under section 8340 of title 5, United States Code,

7 in accordance with the limitation in subsection (g)(1) of

8 such section (relating to maximum pay, final pay, or aver9 age pay).

10 (2)(A) This paragraph applies to a transferred em11 ployee who was a prevailing rate employee (as defined

12 under section 5342(2) of title 5, United States Code) imme13 diately before the employee’s covered separation from Fed14 eral service.

15 (B) For purposes of computing the deferred annuity

16 for a transferred employee referred to in subparagraph (A),

17 the average pay of the transferred employee, computed

18 under section 8331(4) of title 5, United States Code, as of

19 the date of the employee’s covered separation from Federal

20 service, shall be adjusted at the same time and by the same

21 percentage that pay rates for positions that are in the same

22 area as, and are comparable to, the last position the trans23 ferred employee held as a prevailing rate employee, are in24 creased under section 5343(a) of such title during the period

25 beginning on that date and ending on the date on which
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1 the transferred employee attains early deferred retirement

2 age.

3 (e) PAYMENT OF UNFUNDED LIABILITY.—(1) The

4 military department concerned shall be liable for that por5 tion of any estimated increase in the unfunded liability of

6 the Civil Service Retirement and Disability Fund estab7 lished under section 8348 of title 5, United States Code,

8 which is attributable to any benefits payable from such

9 Fund to a transferred employee, and any survivor of a

10 transferred employee, when the increase results from—

11 (A) an increase in the average pay of the trans12 ferred employee under subsection (d) upon which such

13 benefits are computed; and

14 (B) the commencement of an early deferred an15 nuity in accordance with this section before the at16 tainment of 62 years of age by the transferred em17 ployee.

18 (2) The estimated increase in the unfunded liability

19 for each department referred to in paragraph (1), shall be

20 determined by the Director of the Office of Personnel Man21 agement. In making the determination, the Director shall

22 consider any savings to the Fund as a result of the program

23 established under this section. The Secretary of the military

24 department concerned shall pay the amount so determined

25 to the Director in 10 equal annual installments with inter-
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1 est computed at the rate used in the most recent valuation

2 of the Civil Service Retirement System, with the first pay3 ment thereof due at the end of the fiscal year in which an

4 increase in average pay under subsection (d) becomes effec5 tive.

6 (f) CONTRACTOR SERVICE NOT CREDITABLE.—Service

7 performed by a transferred employee for a defense contrac8 tor after the employee’s covered separation from Federal

9 service is not creditable service for purposes of subchapter

10 III of chapter 83 of title 5, United States Code.

11 (g) RECEIPT OF BENEFITS WHILE EMPLOYED BY A

12 DEFENSE CONTRACTOR.—A transferred employee may

13 commence receipt of an early deferred annuity in accord14 ance with this section while continuing to work for a defense

15 contractor.

16 (h) LUMP-SUM CREDIT PAYMENT.—If a transferred

17 employee dies before attaining early deferred retirement

18 age, such employee shall be treated as a former employee

19 who dies not retired for purposes of payment of the lump20 sum credit under section 8342(d) of title 5, United States

21 Code.

22 (i) CONTINUED FEDERAL HEALTH BENEFITS COV23 ERAGE.—Notwithstanding section 5905a(e)(1)(A) of title 5,

24 United States Code, the continued coverage of a transferred

25 employee for health benefits under chapter 89 of such title
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1 by reason of the application of section 8905a of such title

2 to such employee shall terminate 90 days after the date of

3 the employee’s covered separation from Federal employ4 ment. For the purposes of the preceding sentence, a person

5 who, except for subsection (b)(2), would be a transferred em6 ployee shall be considered a transferred employee.

7 (j) REPORT BY GAO.—The Comptroller General of the

8 United States shall conduct a study of each pilot program,

9 if any, established under this section and submit a report

10 on the pilot program to Congress not later than two years

11 after the date on which the program is established. The re12 port shall contain the following:

13 (1) A review and evaluation of the program, in14 cluding—

15 (A) an evaluation of the success of the pri16 vatization outcomes of the program;

17 (B) a comparison and evaluation of such

18 privatization outcomes with the privatization

19 outcomes with respect to facilities at other mili20 tary installations closed or realigned under the

21 base closure laws;

22 (C) an evaluation of the impact of the pro23 gram on the Federal workforce and whether the

24 program results in the maintenance of a skilled
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1 workforce for defense contractors at an acceptable

2 cost to the military department concerned; and

3 (D) an assessment of the extent to which the

4 pilot program is a cost-effective means of facili5 tating privatization of the performance of Fed6 eral activities.

7 (2) Recommendations relating to the expansion

8 of the program to other installations and employees.

9 (3) Any other recommendation relating to the

10 program.

11 (k) IMPLEMENTING REGULATIONS.—Not later than 30

12 days after the Secretary of Defense notifies the Director of

13 the Office of Personnel Management of a decision to estab14 lish a pilot program under this section, the Director shall

15 prescribe regulations to carry out the provisions of this sec16 tion with respect to that pilot program. Before prescribing

17 the regulations, the Director shall consult with the Sec18 retary.

19 (l) DEFINITIONS.—In this section:

20 (1) The term ‘‘transferred employee’’ means a

21 person who, pursuant to subsection (b), is eligible for

22 benefits under this section.

23 (2) The term ‘‘covered separation from Federal

24 service’’ means a separation from Federal service as

25 described under subsection (b)(1)(A).
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1 (3) The term ‘‘Civil Service Retirement System’’

2 means the retirement system under subchapter III of

3 chapter 83 of title 5, United States Code.

4 (4) The term ‘‘defense contractor’’ means any en5 tity that—

6 (A) contracts with the Department of De7 fense to perform a function previously performed

8 by Department of Defense employees;

9 (B) performs that function at the same in10 stallation at which such function was previously

11 performed by Department of Defense employees

12 or in the vicinity of that installation; and

13 (C) is the employer of one or more trans14 ferred employees.

15 (5) The term ‘‘early deferred retirement age’’

16 means the first age at which a transferred employee

17 would have been eligible for immediate retirement

18 under subsection (a) or (b) of section 8336 of title 5,

19 United States Code, if such transferred employee had

20 remained an employee within the meaning of section

21 8331(1) of such title continuously until attaining

22 such age.

23 (6) The term ‘‘severance pay’’ means severance

24 pay payable under section 5595 of title 5, United

25 States Code.
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1 (7) The term ‘‘separation pay’’ means separation

2 pay payable under section 5597 of title 5, United

3 States Code.

4 (m) EFFECTIVE DATE.—This section shall take effect

5 on August 1, 1996, and shall apply to covered separations

6 from Federal service on or after that date.

7 SEC. 1122. TROOPS-TO-TEACHERS PROGRAM IMPROVE8 MENTS APPLIED TO CIVILIAN PERSONNEL.

9 (a) SEPARATED CIVILIAN EMPLOYEES OF THE DE10 PARTMENT OF DEFENSE.—(1) Subsection (a) of section

11 1598 of title 10, United States Code, is amended by striking

12 out ‘‘may establish’’ and inserting in lieu thereof ‘‘shall es13 tablish’’.

14 (2) Subsection (d)(2) of such section is amended by

15 striking out ‘‘five school years’’ in subparagraphs (A) and

16 (B) and inserting in lieu thereof ‘‘two school years’’.

17 (b) DISPLACED DEPARTMENT OF DEFENSE CONTRAC18 TOR EMPLOYEES.—Section 2410j(f)(2) of such title is

19 amended by striking out ‘‘five school years’’ in subpara20 graphs (A) and (B) and inserting in lieu thereof ‘‘two school

21 years’’.

22 (c) SAVINGS PROVISION.—The amendments made by

23 this section do not effect obligations under agreements en24 tered into in accordance with section 1598 or 2410j of title
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1 10, United States Code, before the date of the enactment

2 of this Act.

3 Subtitle C—Defense Intelligence

4 Personnel

5 SEC. 1131. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Department of De7 fense Civilian Intelligence Personnel Reform Act of 1996’’.

8 SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL

9 MANAGEMENT.

10 Section 1590 of title 10, United States Code, is amend11 ed to read as follows:

12 ‘‘§ 1590. Management of civilian intelligence

13 personnel of the Department of Defense

14 ‘‘(a) GENERAL PERSONNEL MANAGEMENT AUTHOR15 ITY.—The Secretary of Defense may, without regard to the

16 provisions of any other law relating to the appointment,

17 number, classification, or compensation of employees—

18 ‘‘(1) establish—

19 ‘‘(A) as positions in the excepted service,

20 such defense intelligence component positions

21 (including Intelligence Senior Level positions) as

22 the Secretary determines necessary to carry out

23 the intelligence functions of the defense intel24 ligence components, but not to exceed in number
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1 the number of the defense intelligence component

2 positions established as of January 1, 1996; and

3 ‘‘(B) such Intelligence Senior Executive

4 Service positions as the Secretary determines

5 necessary to carry out functions referred to in

6 subparagraph (B);

7 ‘‘(2) appoint individuals to such positions (after

8 taking into consideration the availability of pref9 erence eligibles for appointment to such positions);

10 and

11 ‘‘(3) fix the compensation of such individuals for

12 service in such positions.

13 ‘‘(b) BASIC PAY.—(1)(A) Subject to subparagraph (B)

14 and paragraph (2), the Secretary of Defense shall fix the

15 rates of basic pay for positions established under subsection

16 (a) in relation to the rates of basic pay provided in subpart

17 D of part III of title 5 for positions subject to that subpart

18 which have corresponding levels of duties and responsibil19 ities.

20 ‘‘(B) Except as otherwise provided by law, no rate of

21 basic pay fixed under subparagraph (A) for a position es22 tablished under subsection (a) may exceed—

23 ‘‘(i) in the case of an Intelligence Senior Execu24 tive Service position, the maximum rate provided in

25 section 5382 of title 5;
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1 ‘‘(ii) in the case of an Intelligence Senior Level

2 position, the maximum rate provided in section 5382

3 of title 5; and

4 ‘‘(iii) in the case of any other defense intelligence

5 component position, the maximum rate provided in

6 section 5306(e) of title 5.

7 ‘‘(2) The Secretary of Defense may, consistent with sec8 tion 5341 of title 5, adopt such provisions of that title as

9 provide for prevailing rate systems of basic pay and may

10 apply those provisions to positions for civilian employees

11 in or under which the Department of Defense may employ

12 individuals described by section 5342(a)(2)(A) of such title.

13 ‘‘(c) ADDITIONAL COMPENSATION, INCENTIVES, AND

14 ALLOWANCES.—(1) Employees in defense intelligence com15 ponent positions may be paid additional compensation, in16 cluding benefits, incentives, and allowances, in accordance

17 with this subsection if, and to the extent, authorized in reg18 ulations prescribed by the Secretary of Defense.

19 ‘‘(2) Additional compensation under this subsection

20 shall be consistent with, and not in excess of the levels au21 thorized for, comparable positions authorized by title 5.

22 ‘‘(3)(A) Employees in defense intelligence component

23 positions, if citizens or nationals of the United States, may

24 be paid an allowance while stationed outside the continen25 tal United States or in Alaska.
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1 ‘‘(B) Subject to subparagraph (C), allowances under

2 subparagraph (A) shall be based on—

3 ‘‘(i) living costs substantially higher than in the

4 District of Columbia;

5 ‘‘(ii) conditions of environment which differ sub6 stantially from conditions of environment in the con7 tinental United States and warrant an allowance as

8 a recruitment incentive; or

9 ‘‘(iii) both of the factors described in clauses (i)

10 and (ii).

11 ‘‘(C) An allowance under subparagraph (A) may not

12 exceed an allowance authorized to be paid by section

13 5941(a) of title 5 for employees whose rates of basic pay

14 are fixed by statute.

15 ‘‘(d) INTELLIGENCE SENIOR EXECUTIVE SERVICE.—

16 (1) The Secretary of Defense may establish an Intelligence

17 Senior Executive Service for defense intelligence component

18 positions established pursuant to subsection (a) that are

19 equivalent to Senior Executive Service positions.

20 ‘‘(2) The Secretary of Defense shall prescribe regula21 tions for the Intelligence Senior Executive Service which are

22 consistent with the requirements set forth in sections 3131,

23 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title

24 5, subsections (a), (b), and (c) of section 7543 of such title

25 (except that any hearing or appeal to which a member of
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1 the Intelligence Senior Executive Service is entitled shall

2 be held or decided pursuant to the regulations), and sub3 chapter II of chapter 43 of such title. To the extent that

4 the Secretary determines it practicable to apply to members

5 of, or applicants for, the Intelligence Senior Executive Serv6 ice other provisions of title 5 that apply to members of, or

7 applicants for, the Senior Executive Service, the Secretary

8 shall also prescribe regulations to implement those sections

9 with respect to the Intelligence Senior Executive Service.

10 ‘‘(e) AWARD OF RANK TO MEMBERS OF THE INTEL11 LIGENCE SENIOR EXECUTIVE SERVICE.—The President,

12 based on the recommendations of the Secretary of Defense,

13 may award a rank referred to in section 4507 of title 5

14 to members of the Intelligence Senior Executive Service

15 whose positions may be established pursuant to this section.

16 The awarding of such rank shall be made in a manner con17 sistent with the provisions of that section.

18 ‘‘(f) INTELLIGENCE SENIOR LEVEL POSITIONS.—The

19 Secretary of Defense may, in accordance with regulations

20 prescribed by the Secretary, designate as an Intelligence

21 Senior Level position any defense intelligence component

22 position that, as determined by the Secretary—

23 ‘‘(1) is classifiable above grade GS–15 of the

24 General Schedule;
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1 ‘‘(2) does not satisfy functional or program man2 agement criteria for being designated an Intelligence

3 Senior Executive Service position; and

4 ‘‘(3) has no more than minimal supervisory re5 sponsibilities.

6 ‘‘(g) TIME LIMITED APPOINTMENTS.—(1) The Sec7 retary of Defense may, in regulations, authorize appointing

8 officials to make time limited appointments to defense intel9 ligence component positions specified in the regulations.

10 ‘‘(2) The Secretary of Defense shall review each time

11 limited appointment in a defense intelligence component

12 position at the end of the first year of the period of the

13 appointment and determine whether the appointment

14 should be continued for the remainder of the period. The

15 continuation of a time limited appointment after the first

16 year shall be subject to the approval of the Secretary.

17 ‘‘(3) An employee serving in a defense intelligence com18 ponent position pursuant to a time limited appointment

19 is not eligible for a permanent appointment to an Intel20 ligence Senior Executive Service position (including a posi21 tion in which serving) unless selected for the permanent ap22 pointment on a competitive basis.

23 ‘‘(4) In this subsection, the term ‘time limited appoint24 ment’ means an appointment (subject to the condition in

25 paragraph (2)) for a period not to exceed two years.
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1 ‘‘(h) TERMINATION OF CIVILIAN INTELLIGENCE

2 EMPLOYEES.—(1) Notwithstanding any other provision of

3 law, the Secretary of Defense may terminate the employ4 ment of any employee in a defense intelligence component

5 position if the Secretary—

6 ‘‘(A) considers such action to be in the interests

7 of the United States; and

8 ‘‘(B) determines that the procedures prescribed

9 in other provisions of law that authorize the termi10 nation of the employment of such employee cannot be

11 invoked in a manner consistent with the national se12 curity.

13 ‘‘(2) A decision by the Secretary of Defense to termi14 nate the employment of an employee under this subsection

15 is final and may not be appealed or reviewed outside the

16 Department of Defense.

17 ‘‘(3) The Secretary of Defense shall promptly notify

18 the Committee on National Security and the Permanent Se19 lect Committee on Intelligence of the House of Representa20 tives and the Committee on Armed Services and the Select

21 Committee on Intelligence of the Senate whenever the Sec22 retary terminates the employment of any employee under

23 the authority of this subsection.

24 ‘‘(4) Any termination of employment under this sub25 section shall not affect the right of the employee involved
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1 to seek or accept employment with any other department

2 or agency of the United States if that employee is declared

3 eligible for such employment by the Director of the Office

4 of Personnel Management.

5 ‘‘(5) The authority of the Secretary of Defense under

6 this subsection may be delegated only to the Deputy Sec7 retary of Defense and the head of a defense intelligence com8 ponent (with respect to employees of that component). An

9 action to terminate employment of such an employee by any

10 such official may be appealed to the Secretary of Defense.

11 ‘‘(i) REDUCTIONS AND OTHER ADJUSTMENTS IN

12 FORCE.—(1) The Secretary of Defense, in consultation with

13 the Director of the Office of Personnel Management, shall

14 prescribe regulations for the separation of employees in de15 fense intelligence component positions, including members

16 of the Intelligence Senior Executive Service and employees

17 in Intelligence Senior Level positions, in a reduction in

18 force or other adjustment in force. The regulations shall

19 apply to such a reduction in force or other adjustment in

20 force notwithstanding sections 3501(b) and 3502 of title 5.

21 ‘‘(2) The regulations shall give effect to—

22 ‘‘(A) tenure of employment;

23 ‘‘(B) military preference, subject to sections

24 3501(a)(3) and 3502(b) of title 5;
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1 ‘‘(C) the veteran’s preference under section

2 3502(b) of title 5;

3 ‘‘(D) performance; and

4 ‘‘(E) length of service computed in accordance

5 with the second sentence of section 3502(a) of title 5.

6 ‘‘(2) The regulations relating to removal from the In7 telligence Senior Executive Service in a reduction in force

8 or other adjustment in force shall be consistent with section

9 3595(a) of title 5.

10 ‘‘(3)(A) The regulations shall provide a right of appeal

11 regarding a personnel action under the regulations. The ap12 peal shall be determined within the Department of Defense.

13 An appeal determined at the highest level provided in the

14 regulations shall be final and not subject to review outside

15 the Department of Defense. A personnel action covered by

16 the regulations is not subject to any other provision of law

17 that provides appellate rights or procedures.

18 ‘‘(B) Notwithstanding subparagraph (A), a preference

19 eligible referred to in section 7511(a)(1)(B) of title 5 may

20 appeal to the Merit Systems Protection Board any person21 nel action taken under the regulations. Section 7701 of title

22 5 shall apply to any such appeal.

23 ‘‘(j) APPLICABILITY OF MERIT SYSTEM PRINCIPLES.—

24 Section 2301 of title 5 shall apply to the exercise of author25 ity under this section.
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1 ‘‘(k) COLLECTIVE BARGAINING AGREEMENTS.—Noth2 ing in this section may be construed to impair the contin3 ued effectiveness of a collective bargaining agreement with

4 respect to an agency or office that is a successor to an agen5 cy or office covered by the agreement before the succession.

6 ‘‘(l) NOTIFICATION OF CONGRESS.—At least 60 days

7 before the effective date of regulations prescribed to carry

8 out this section, the Secretary of Defense shall submit the

9 regulations to the Committee on National Security and the

10 Permanent Select Committee on Intelligence of the House

11 of Representatives and the Committee on Armed Services

12 and the Select Committee on Intelligence of the Senate.

13 ‘‘(m) DEFINITIONS.—In this section:

14 ‘‘(1) The term ‘defense intelligence component

15 position’ means a position of civilian employment as

16 an intelligence officer or employee of a defense intel17 ligence component.

18 ‘‘(2) The term ‘defense intelligence component’

19 means each of the following components of the

20 Department of Defense:

21 ‘‘(A) The National Security Agency.

22 ‘‘(B) The Defense Intelligence Agency.

23 ‘‘(C) The Central Imagery Office.

24 ‘‘(D) Any component of a military depart25 ment that performs intelligence functions and is
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1 designated as a defense intelligence component by

2 the Secretary of Defense.

3 ‘‘(E) Any other component of the Depart4 ment of Defense that performs intelligence func5 tions and is designated as a defense intelligence

6 component by the Secretary of Defense.

7 ‘‘(F) Any successor to a component listed

8 in, or designated pursuant to, this paragraph.

9 ‘‘(3) The term ‘Intelligence Senior Level position’

10 means a defense intelligence component position des11 ignated as an Intelligence Senior Level position pur12 suant to subsection (f).

13 ‘‘(4) The term ‘excepted service’ has the meaning

14 given such term in section 2103 of title 5.

15 ‘‘(5) The term ‘preference eligible’ has the mean16 ing given such term in section 2108(3) of title 5.

17 ‘‘(6) The term ‘Senior Executive Service posi18 tion’ has the meaning given such term in section

19 3132(a)(2) of title 5.

20 ‘‘(7) The term ‘collective bargaining agreement’

21 has the meaning given such term in section 7103(8)

22 of title 5.’’.
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1 SEC. 1133. REPEALS.

2 (a) DEFENSE INTELLIGENCE SENIOR EXECUTIVE

3 SERVICE.—Sections 1601, 1603, and 1604 of title 10, Unit4 ed States Code, are repealed.

5 (b) NATIONAL SECURITY AGENCY PERSONNEL MAN6 AGEMENT AUTHORITIES.—(1) Sections 2 and 4 of the

7 National Security Agency Act of 1959 (50 U.S.C. 402 note)

8 are repealed.

9 (2) Section 303 of the Internal Security Act of 1950

10 (50 U.S.C. 833) is repealed.

11 SEC. 1134. CLERICAL AMENDMENTS.

12 (a) AMENDED SECTION HEADING.—The item relating

13 to section 1590 in the table of sections at the beginning of

14 chapter 81 of title 10, United States Code, is amended to

15 read as follows:

‘‘1590. Management of civilian intelligence personnel of the Department of

Defense.’’.

16 (b) REPEALED SECTIONS.—The table of sections at the

17 beginning of chapter 83 of title 10, United States Code, is

18 amended by striking out the items relating to sections 1601,

19 1603, and 1604.
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1 TITLE XII—FEDERAL CHARTER

2 FOR THE FLEET RESERVE AS3 SOCIATION

4 SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHAR5 TER.

6 The Fleet Reserve Association, a nonprofit corporation

7 organized under the laws of the State of Delaware, is recog8 nized as such and granted a Federal charter.

9 SEC. 1202. POWERS.

10 The Fleet Reserve Association (in this title referred to

11 as the ‘‘association’’) shall have only those powers granted

12 to it through its bylaws and articles of incorporation filed

13 in the State in which it is incorporated and subject to the

14 laws of such State.

15 SEC. 1203. PURPOSES.

16 The purposes of the association are those provided in

17 its bylaws and articles of incorporation and shall include

18 the following:

19 (1) Upholding and defending the Constitution of

20 the United States.

21 (2) Aiding and maintaining an adequate naval

22 defense for the United States.

23 (3) Assisting the recruitment of the best person24 nel available for the United States Navy, United

25 States Marine Corps, and United States Coast Guard.
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1 (4) Providing for the welfare of the personnel

2 who serve in the United States Navy, United States

3 Marine Corps, and United States Coast Guard.

4 (5) Continuing to serve loyally the United States

5 Navy, United States Marine Corps, and United

6 States Coast Guard.

7 (6) Preserving the spirit of shipmanship by pro8 viding assistance to shipmates and their families.

9 (7) Instilling love of the United States and the

10 flag and promoting soundness of mind and body in

11 the youth of the United States.

12 SEC. 1204. SERVICE OF PROCESS.

13 With respect to service of process, the association shall

14 comply with the laws of the State in which it is incor15 porated and those States in which it carries on its activities

16 in furtherance of its corporate purposes.

17 SEC. 1205. MEMBERSHIP.

18 Except as provided in section 1208(g), eligibility for

19 membership in the association and the rights and privileges

20 of members shall be as provided in the bylaws and articles

21 of incorporation of the association.

22 SEC. 1206. BOARD OF DIRECTORS.

23 Except as provided in section 1208(g), the composition

24 of the board of directors of the association and the respon25 sibilities of the board shall be as provided in the bylaws
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1 and articles of incorporation of the association and in con2 formity with the laws of the State in which it is incor3 porated.

4 SEC. 1207. OFFICERS.

5 Except as provided in section 1208(g), the positions

6 of officers of the association and the election of members

7 to such officers shall be as provided in the bylaws and arti8 cles of incorporation of the association and in conformity

9 with the laws of the State in which it is incorporated.

10 SEC. 1208. RESTRICTIONS.

11 (a) INCOME AND COMPENSATION.—No part of the in12 come or assets of the association may inure to the benefit

13 of any member, officer, or director of the association or be

14 distributed to any such individual during the life of this

15 charter. Nothing in this subsection may be construed to pre16 vent the payment of reasonable compensation to the officers

17 and employees of the association or reimbursement for ac18 tual and necessary expenses in amounts approved by the

19 board of directors.

20 (b) LOANS.—The association may not make any loan

21 to any member, officer, director, or employee of the associa22 tion.

23 (c) ISSUANCE OF STOCK AND PAYMENT OF DIVI24 DENDS.—The association may not issue any shares of stock

25 or declare or pay any dividend.
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1 (d) FEDERAL APPROVAL.—The association may not

2 claim the approval of the Congress or the authorization of

3 the Federal Government for any of its activities by virtue

4 of this title.

5 (e) CORPORATE STATUS.—The association shall main6 tain its status as a corporation organized and incorporated

7 under the laws of the State of Delaware.

8 (f) CORPORATE FUNCTION.—The association shall

9 function as an educational, patriotic, civic, historical, and

10 research organization under the laws of the State in which

11 it is incorporated.

12 (g) NONDISCRIMINATION.—In establishing the condi13 tions of membership in the association and in determining

14 the requirements for serving on the board of directors or

15 as an officer of the association, the association may not dis16 criminate on the basis of race, color, religion, sex, handicap,

17 age, or national origin.

18 SEC. 1209. LIABILITY.

19 The association shall be liable for the acts of its offi20 cers, directors, employees, and agents whenever such indi21 viduals act within the scope of their authority.

22 SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND

23 RECORDS.

24 (a) BOOKS AND RECORDS OF ACCOUNT.—The associa25 tion shall keep correct and complete books and records of
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1 account and minutes of any proceeding of the association

2 involving any of its members, the board of directors, or any

3 committee having authority under the board of directors.

4 (b) NAMES AND ADDRESSES OF MEMBERS.—The asso5 ciation shall keep at its principal office a record of the

6 names and addresses of all members having the right to vote

7 in any proceeding of the association.

8 (c) RIGHT TO INSPECT BOOKS AND RECORDS.—All

9 books and records of the association may be inspected by

10 any member having the right to vote in any proceeding of

11 the association, or by any agent or attorney of such member,

12 for any proper purpose at any reasonable time.

13 (d) APPLICATION OF STATE LAW.—This section may

14 not be construed to contravene any applicable State law.

15 SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

16 The first section of the Act entitled ‘‘An Act to provide

17 for audit of accounts of private corporations established

18 under Federal law’’, approved August 30, 1964 (36 U.S.C.

19 1101), is amended by adding at the end the following:

20 ‘‘(77) Fleet Reserve Association.’’.

21 SEC. 1212. ANNUAL REPORT.

22 The association shall annually submit to Congress a

23 report concerning the activities of the association during

24 the preceding fiscal year. The annual report shall be sub25 mitted on the same date as the report of the audit required
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1 by reason of the amendment made in section 1211. The an2 nual report shall not be printed as a public document.

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

4 CHARTER.

5 The right to alter, amend, or repeal this title is ex6 pressly reserved to Congress.

7 SEC. 1214. TAX-EXEMPT STATUS.

8 The association shall maintain its status as an organi9 zation exempt from taxation as provided in the Internal

10 Revenue Code of 1986.

11 SEC. 1215. TERMINATION.

12 The charter granted in this title shall expire if the as13 sociation fails to comply with any of the provisions of this

14 title.

15 SEC. 1216. DEFINITION.

16 For purposes of this title, the term ‘‘State’’ means any

17 of the several States, the District of Columbia, the Common18 wealth of Puerto Rico, the Commonwealth of the Northern

19 Mariana Islands, the United States Virgin Islands, Guam,

20 American Samoa, the Republic of the Marshall Islands, the

21 Federated States Of Micronesia, the Republic of Palau, and

22 any other territory or possession of the United States.
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1 TITLE XIII—DEFENSE AGAINST

2 WEAPONS OF MASS DESTRUC3 TION

4 SEC. 1301. SHORT TITLE.

5 This title may be cited as the ‘‘Defense Against Weap6 ons of Mass Destruction Act of 1996’’.

7 SEC. 1302. FINDINGS.

8 Congress makes the following findings:

9 (1) Weapons of mass destruction and related ma10 terials and technologies are increasingly available

11 from worldwide sources. Technical information relat12 ing to such weapons is readily available on the

13 Internet, and raw materials for chemical, biological,

14 and radiological weapons are widely available for le15 gitimate commercial purposes.

16 (2) The former Soviet Union produced and

17 maintained a vast array of nuclear, biological, and

18 chemical weapons of mass destruction.

19 (3) Many of the states of the former Soviet

20 Union retain the facilities, materials, and tech21 nologies capable of producing additional quantities of

22 weapons of mass destruction.

23 (4) The disintegration of the former Soviet

24 Union was accompanied by disruptions of command

25 and control systems, deficiencies in accountability for
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1 weapons, weapons-related materials and technologies,

2 economic hardships, and significant gaps in border

3 control among the states of the former Soviet Union.

4 The problems of organized crime and corruption in

5 the states of the former Soviet Union increase the po6 tential for proliferation of nuclear, radiological, bio7 logical, and chemical weapons and related materials.

8 (5) The conditions described in paragraph (4)

9 have substantially increased the ability of potentially

10 hostile nations, terrorist groups, and individuals to

11 acquire weapons of mass destruction and related ma12 terials and technologies from within the states of the

13 former Soviet Union and from unemployed scientists

14 who worked on those programs.

15 (6) As a result of such conditions, the capability

16 of potentially hostile nations and terrorist groups to

17 acquire nuclear, radiological, biological, and chemical

18 weapons is greater than any time in history.

19 (7) The President has identified North Korea,

20 Iraq, Iran, and Libya as hostile states which already

21 possess some weapons of mass destruction and are de22 veloping others.

23 (8) The acquisition or the development and use

24 of weapons of mass destruction is well within the ca-
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1 pability of many extremist and terrorist movements,

2 acting independently or as proxies for foreign states.

3 (9) Foreign states can transfer weapons to or

4 otherwise aid extremist and terrorist movements indi5 rectly and with plausible deniability.

6 (10) Terrorist groups have already conducted

7 chemical attacks against civilian targets in the Unit8 ed States and Japan, and a radiological attack in

9 Russia.

10 (11) The potential for the national security of

11 the United States to be threatened by nuclear, radio12 logical, chemical, or biological terrorism must be

13 taken as seriously as the risk of an attack by long14 range ballistic missiles carrying nuclear weapons.

15 (12) There is a significant and growing threat of

16 attack by weapons of mass destruction on targets that

17 are not military targets in the usual sense of the

18 term.

19 (13) Concomitantly, the threat posed to the citi20 zens of the United States by nuclear, radiological, bio21 logical, and chemical weapons delivered by unconven22 tional means is significant and growing.

23 (14) Mass terror may result from terrorist inci24 dents involving nuclear, radiological, biological, or
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1 chemical materials, even if such materials are not

2 configured as military weapons.

3 (15) Facilities required for production of radio4 logical, biological, and chemical weapons are much

5 smaller and harder to detect than nuclear weapons fa6 cilities, and biological, and chemical weapons can be

7 deployed by alternative delivery means that are much

8 harder to detect than long-range ballistic missiles.

9 (16) Such delivery systems have no assignment

10 of responsibility, unlike ballistic missiles, for which a

11 launch location would be unambiguously known.

12 (17) Covert or unconventional means of delivery

13 of nuclear, radiological, biological, and chemical

14 weapons, which might be preferable to foreign states

15 and nonstate organizations, include cargo ships, pas16 senger aircraft, commercial and private vehicles and

17 vessels, and commercial cargo shipments routed

18 through multiple destinations.

19 (18) Traditional arms control efforts assume

20 large state efforts with detectable manufacturing pro21 grams and weapons production programs, but are in22 effective in monitoring and controlling smaller,

23 though potentially more dangerous, unconventional

24 proliferation efforts.
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1 (19) Conventional counterproliferation efforts

2 would do little to detect or prevent the rapid develop3 ment of a capability to suddenly manufacture several

4 hundred chemical or biological weapons with nothing

5 but commercial supplies and equipment.

6 (20) The United States lacks adequate planning

7 and countermeasures to address the threat of nuclear,

8 radiological, biological, and chemical terrorism.

9 (21) The Department of Energy has established

10 a Nuclear Emergency Response Team which is avail11 able in case of nuclear or radiological emergencies,

12 but no comparable units exist to deal with emer13 gencies involving biological, or chemical weapons or

14 related materials.

15 (22) State and local emergency response person16 nel are not adequately prepared or trained for inci17 dents involving nuclear, radiological, biological, or

18 chemical materials.

19 (23) Exercises of the Federal, State, and local re20 sponse to nuclear, radiological, biological, or chemical

21 terrorism have revealed serious deficiencies in pre22 paredness and severe problems of coordination.

23 (24) The development of, and allocation of re24 sponsibilities for, effective countermeasures to nuclear,

25 radiological, biological, or chemical terrorism in the
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1 United States requires well-coordinated participation

2 of many Federal agencies, and careful planning by

3 the Federal Government and State and local govern4 ments.

5 (25) Training and exercises can significantly

6 improve the preparedness of State and local emer7 gency response personnel for emergencies involving

8 nuclear, radiological, biological, or chemical weapons

9 or related materials.

10 (26) Sharing of the expertise and capabilities of

11 the Department of Defense, which traditionally has

12 provided assistance to Federal, State, and local offi13 cials in neutralizing, dismantling, and disposing of

14 explosive ordnance, as well as radiological, biological,

15 and chemical materials, can be a vital contribution

16 to the development and deployment of counter17 measures against nuclear, biological, and chemical

18 weapons of mass destruction.

19 (27) The United States lacks effective policy co20 ordination regarding the threat posed by the pro21 liferation of weapons of mass destruction.

22 SEC. 1303. DEFINITIONS.

23 In this title:

24 (1) The term ‘‘weapon of mass destruction’’

25 means any weapon or device that is intended, or has
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1 the capability, to cause death or serious bodily injury

2 to a significant number of people through the release,

3 dissemination, or impact of—

4 (A) toxic or poisonous chemicals or their

5 precursors;

6 (B) a disease organism; or

7 (C) radiation or radioactivity.

8 (2) The term ‘‘independent states of the former

9 Soviet Union’’ has the meaning given the term in sec10 tion 3 of the FREEDOM Support Act (22 U.S.C.

11 5801).

12 (3) The term ‘‘highly enriched uranium’’ means

13 uranium enriched to 20 percent or more in the iso14 tope U–235.

15 Subtitle A—Domestic Preparedness

16 SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.

17 (a) PROGRAM REQUIRED.—(1) The Secretary of De18 fense shall carry out a program to provide civilian person19 nel of Federal, State, and local agencies with training and

20 expert advice regarding emergency responses to a use or

21 threatened use of a weapon of mass destruction or related

22 materials.

23 (2) The President may designate the head of an agency

24 other than the Department of Defense to assume the respon25 sibility for carrying out the program on or after October
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1 1, 1999, and relieve the Secretary of Defense of that respon2 sibility upon the assumption of the responsibility by the

3 designated official.

4 (3) Hereafter in this section, the official responsible for

5 carrying out the program is referred to as the ‘‘lead offi6 cial’’.

7 (b) COORDINATION.—In carrying out the program, the

8 lead official shall coordinate with each of the following offi9 cials who is not serving as the lead official:

10 (1) The Director of the Federal Emergency Man11 agement Agency.

12 (2) The Secretary of Energy.

13 (3) The Secretary of Defense.

14 (4) The heads of any other Federal, State, and

15 local government agencies that have an expertise or

16 responsibilities relevant to emergency responses de17 scribed in subsection (a)(1).

18 (c) ELIGIBLE PARTICIPANTS.—The civilian personnel

19 eligible to receive assistance under the program are civilian

20 personnel of Federal, State, and local agencies who have

21 emergency preparedness responsibilities.

22 (d) INVOLVEMENT OF OTHER FEDERAL AGENCIES.—

23 (1) The lead official may use personnel and capabilities of

24 Federal agencies outside the agency of the lead official to

25 provide training and expert advice under the program.
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1 (2)(A) Personnel used under paragraph (1) shall be

2 personnel who have special skills relevant to the particular

3 assistance that the personnel are to provide.

4 (B) Capabilities used under paragraph (1) shall be ca5 pabilities that are especially relevant to the particular as6 sistance for which the capabilities are used.

7 (e) AVAILABLE ASSISTANCE.—Assistance available

8 under this program shall include the following:

9 (1) Training in the use, operation, and mainte10 nance of equipment for—

11 (A) detecting a chemical or biological agent

12 or nuclear radiation;

13 (B) monitoring the presence of such an

14 agent or radiation;

15 (C) protecting emergency personnel and the

16 public; and

17 (D) decontamination.

18 (2) Establishment of a designated telephonic link

19 (commonly referred to as a ‘‘hot line’’) to a designated

20 source of relevant data and expert advice for the use

21 of State or local officials responding to emergencies

22 involving a weapon of mass destruction or related

23 materials.

24 (3) Use of the National Guard and other reserve

25 components for purposes authorized under this section
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1 that are specified by the lead official (with the con2 currence of the Secretary of Defense if the Secretary

3 is not the lead official).

4 (4) Loan of appropriate equipment.

5 (f) LIMITATIONS ON DEPARTMENT OF DEFENSE AS6 SISTANCE TO LAW ENFORCEMENT AGENCIES.—Assistance

7 provided by the Department of Defense to law enforcement

8 agencies under this section shall be provided under the au9 thority of, and subject to the restrictions provided in, chap10 ter 18 of title 10, United States Code.

11 (g) ADMINISTRATION OF DEPARTMENT OF DEFENSE

12 ASSISTANCE.—The Secretary of Defense shall designate an

13 official within the Department of Defense to serve as the

14 executive agent of the Secretary for the coordination of the

15 provision of Department of Defense assistance under this

16 section.

17 (h) FUNDING.—(1) Of the total amount authorized to

18 be appropriated under section 301, $35,000,000 is available

19 for the program required under this section.

20 (2) Of the amount available for the program pursuant

21 to paragraph (1), $10,500,000 is available for use by the

22 Secretary of Defense to assist the Surgeon General of the

23 United States in the establishment of metropolitan emer24 gency medical response teams (commonly referred to as

25 ‘‘Metropolitan Medical Strike Force Teams’’) to provide
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1 medical services that are necessary or potentially necessary

2 by reason of a use or threatened use of a weapon of mass

3 destruction.

4 (3) The amount available for the program under para5 graph (1) is in addition to any other amounts authorized

6 to be appropriated for the program under section 301.

7 SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMER8 GENCY RESPONSE.

9 (a) DEPARTMENT OF DEFENSE.—The Secretary of De10 fense shall designate an official within the Department of

11 Defense as the executive agent for—

12 (1) the coordination of Department of Defense

13 assistance to Federal, State, and local officials in re14 sponding to threats involving biological or chemical

15 weapons or related materials or technologies, includ16 ing assistance in identifying, neutralizing, disman17 tling, and disposing of biological and chemical weap18 ons and related materials and technologies; and

19 (2) the coordination of Department of Defense

20 assistance to the Department of Energy in carrying

21 out that department’s responsibilities under sub22 section (b).

23 (b) DEPARTMENT OF ENERGY.—The Secretary of En24 ergy shall designate an official within the Department of

25 Energy as the executive agent for—
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1 (1) the coordination of Department of Energy

2 assistance to Federal, State, and local officials in re3 sponding to threats involving nuclear weapons or re4 lated materials or technologies, including assistance

5 in identifying, neutralizing, dismantling, and dispos6 ing of nuclear weapons and related materials and

7 technologies; and

8 (2) the coordination of Department of Energy

9 assistance to the Department of Defense in carrying

10 out that department’s responsibilities under sub11 section (a).

12 (c) FUNDING.—(1)(A) Of the total amount authorized

13 to be appropriated under section 301, $15,000,000 is avail14 able for providing assistance described in subsection (a).

15 (B) The amount available under subparagraph (A) for

16 providing assistance described in subsection (a) is in addi17 tion to any other amounts authorized to be appropriated

18 under section 301 for that purpose.

19 (2)(A) Of the total amount authorized to be appro20 priated under title XXXI, $15,000,000 is available for pro21 viding assistance described in subsection (b).

22 (B) The amount available under subparagraph (A) for

23 providing assistance is in addition to any other amounts

24 authorized to be appropriated under title XXXI for that

25 purpose.
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1 SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW EN2 FORCEMENT OFFICIALS IN EMERGENCY SITU3 ATIONS INVOLVING BIOLOGICAL OR CHEMI4 CAL WEAPONS.

5 (a) ASSISTANCE AUTHORIZED.—(1) The chapter 18 of

6 title 10, United States Code, is amended by adding at the

7 end the following:

8 ‘‘§ 382. Emergency situations involving chemical or bi9 ological weapons of mass destruction

10 ‘‘(a) IN GENERAL.—The Secretary of Defense, upon the

11 request of the Attorney General, may provide assistance in

12 support of Department of Justice activities relating to the

13 enforcement of section 175 or 2332c of title 18 during an

14 emergency situation involving a biological or chemical

15 weapon of mass destruction. Department of Defense re16 sources, including personnel of the Department of Defense,

17 may be used to provide such assistance if—

18 ‘‘(1) the Secretary of Defense and the Attorney

19 General jointly determine that an emergency situa20 tion exists; and

21 ‘‘(2) the Secretary of Defense determines that the

22 provision of such assistance will not adversely affect

23 the military preparedness of the United States.

24 ‘‘(b) EMERGENCY SITUATIONS COVERED.—As used in

25 this section, the term ‘emergency situation involving a bio26 logical or chemical weapon of mass destruction’ means a
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1 circumstance involving a biological or chemical weapon of

2 mass destruction—

3 ‘‘(1) that poses a serious threat to the interests

4 of the United States; and

5 ‘‘(2) in which—

6 ‘‘(A) civilian expertise and capabilities are

7 not readily available to provide the required as8 sistance to counter the threat immediately posed

9 by the weapon involved;

10 ‘‘(B) special capabilities and expertise of

11 the Department of Defense are necessary and

12 critical to counter the threat posed by the weap13 on involved; and

14 ‘‘(C) enforcement of section 175 or 2332c of

15 title 18 would be seriously impaired if the De16 partment of Defense assistance were not pro17 vided.

18 ‘‘(c) FORMS OF ASSISTANCE.—The assistance referred

19 to in subsection (a) includes the operation of equipment (in20 cluding equipment made available under section 372 of this

21 title) to monitor, contain, disable, or dispose of the weapon

22 involved or elements of the weapon.

23 ‘‘(d) REGULATIONS.—(1) The Secretary of Defense and

24 the Attorney General shall jointly issue regulations concern25 ing the types of assistance that may be provided under this
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1 section. Such regulations shall also describe the actions that

2 Department of Defense personnel may take in cir3 cumstances incident to the provision of assistance under

4 this section.

5 ‘‘(2)(A) Except as provided in subparagraph (B), the

6 regulations may not authorize the following actions:

7 ‘‘(i) Arrest.

8 ‘‘(ii) Any direct participation in conducting a

9 search for or seizure of evidence related to a violation

10 of section 175 or 2332c of title 18.

11 ‘‘(iii) Any direct participation in the collection

12 of intelligence for law enforcement purposes.

13 ‘‘(B) The regulations may authorize an action de14 scribed in subparagraph (A) to be taken under the following

15 conditions:

16 ‘‘(i) The action is considered necessary for the

17 immediate protection of human life, and civilian law

18 enforcement officials are not capable of taking the ac19 tion.

20 ‘‘(ii) The action is otherwise authorized under

21 subsection (c) or under otherwise applicable law.

22 ‘‘(e) REIMBURSEMENTS.—The Secretary of Defense

23 shall require reimbursement as a condition for providing

24 assistance under this section to the extent required under

25 section 377 of this title.
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1 ‘‘(f) DELEGATIONS OF AUTHORITY.—(1) Except to the

2 extent otherwise provided by the Secretary of Defense, the

3 Deputy Secretary of Defense may exercise the authority of

4 the Secretary of Defense under this section. The Secretary

5 of Defense may delegate the Secretary’s authority under this

6 section only to an Under Secretary of Defense or an Assist7 ant Secretary of Defense and only if the Under Secretary

8 or Assistant Secretary to whom delegated has been des9 ignated by the Secretary to act for, and to exercise the gen10 eral powers of, the Secretary.

11 ‘‘(2) Except to the extent otherwise provided by the At12 torney General, the Deputy Attorney General may exercise

13 the authority of the Attorney General under this section.

14 The Attorney General may delegate that authority only to

15 the Associate Attorney General or an Assistant Attorney

16 General and only if the Associate Attorney General or As17 sistant Attorney General to whom delegated has been des18 ignated by the Attorney General to act for, and to exercise

19 the general powers of, the Attorney General.

20 ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Nothing

21 in this section shall be construed to restrict any executive

22 branch authority regarding use of members of the armed

23 forces or equipment of the Department of Defense that was

24 in effect before the date of the enactment of the National

25 Defense Authorization Act for Fiscal Year 1997.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following:

‘‘382. Emergency situations involving chemical or biological weapons of mass destruction.’’.

3 (b) CONFORMING AMENDMENT TO CONDITION FOR

4 PROVIDING EQUIPMENT AND FACILITIES.—Section

5 372(b)(1) of title 10, United States Code, is amended by

6 adding at the end the following: ‘‘The requirement for a

7 determination that an item is not reasonably available from

8 another source does not apply to assistance provided under

9 section 382 of this title pursuant to a request of the Attorney

10 General for the assistance.’’.

11 (c) CONFORMING AMENDMENTS RELATING TO AU12 THORITY TO REQUEST ASSISTANCE.—(1)(A) Chapter 10 of

13 title 18, United States Code, is amended by inserting after

14 section 175 the following:

15 ‘‘§ 175a. Requests for military assistance to enforce

16 prohibition in certain emergencies

17 ‘‘The Attorney General may request the Secretary of

18 Defense to provide assistance under section 382 of title 10

19 in support of Department of Justice activities relating to

20 the enforcement of section 175 of this title in an emergency

21 situation involving a biological weapon of mass destruction.

22 The authority to make such a request may be exercised by

23 another official of the Department of Justice in accordance

24 with section 382(f)(2) of title 10.’’.
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1 (B) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 175 the following:

‘‘175a. Requests for military assistance to enforce prohibition in certain emergencies.’’.

4 (2)(A) The chapter 133B of title 18, United States

5 Code, that relates to terrorism is amended by inserting after

6 section 2332c the following:

7 ‘‘§ 2332d. Requests for military assistance to enforce

8 prohibition in certain emergencies

9 ‘‘The Attorney General may request the Secretary of

10 Defense to provide assistance under section 382 of title 10

11 in support of Department of Justice activities relating to

12 the enforcement of section 2332c of this title during an

13 emergency situation involving a chemical weapon of mass

14 destruction. The authority to make such a request may be

15 exercised by another official of the Department of Justice

16 in accordance with section 382(f)(2) of title 10.’’.

17 (B) The table of sections at the beginning of such chap18 ter is amended by inserting after the item relating to section

19 2332c the following:

‘‘2332d. Requests for military assistance to enforce prohibition in certain emergencies.’’.

20 (d) CIVILIAN EXPERTISE.—The President shall take

21 reasonable measures to reduce the reliance of civilian law

22 enforcement officials on Department of Defense resources to

23 counter the threat posed by the use or potential use of bio-
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1 logical and chemical weapons of mass destruction within

2 the United States. The measures shall include—

3 (1) actions to increase civilian law enforcement

4 expertise to counter such a threat; and

5 (2) actions to improve coordination between ci6 vilian law enforcement officials and other civilian

7 sources of expertise, within and outside the Federal

8 Government, to counter such a threat.

9 (e) REPORTS.—The President shall submit to Congress

10 the following reports:

11 (1) Not later than 90 days after the date of the

12 enactment of this Act, a report describing the respec13 tive policy functions and operational roles of Federal

14 agencies in countering the threat posed by the use or

15 potential use of biological and chemical weapons of

16 mass destruction within the United States.

17 (2) Not later than one year after such date, a re18 port describing—

19 (A) the actions planned to be taken to carry

20 out subsection (d); and

21 (B) the costs of such actions.

22 (3) Not later than three years after such date, a

23 report updating the information provided in the re24 ports submitted pursuant to paragraphs (1) and (2),
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1 including the measures taken pursuant to subsection

2 (d).

3 SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES

4 INVOLVING NUCLEAR, RADIOLOGICAL, CHEM5 ICAL, AND BIOLOGICAL WEAPONS.

6 (a) EMERGENCIES INVOLVING CHEMICAL OR BIOLOGI7 CAL WEAPONS.—(1) The Secretary of Defense shall develop

8 and carry out a program for testing and improving the re9 sponses of Federal, State, and local agencies to emergencies

10 involving biological weapons and related materials and

11 emergencies involving chemical weapons and related mate12 rials.

13 (2) The program shall include exercises to be carried

14 out during each of five successive fiscal years beginning

15 with fiscal year 1997.

16 (3) In developing and carrying out the program, the

17 Secretary shall coordinate with the Director of the Federal

18 Bureau of Investigation, the Director of the Federal Emer19 gency Management Agency, the Secretary of Energy, and

20 the heads of any other Federal, State, and local government

21 agencies that have an expertise or responsibilities relevant

22 to emergencies described in paragraph (1).

23 (b) EMERGENCIES INVOLVING NUCLEAR AND RADIO24 LOGICAL WEAPONS.—(1) The Secretary of Energy shall de25 velop and carry out a program for testing and improving
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1 the responses of Federal, State, and local agencies to emer2 gencies involving nuclear and radiological weapons and re3 lated materials.

4 (2) The program shall include exercises to be carried

5 out during each of five successive fiscal years beginning

6 with fiscal year 1997.

7 (3) In developing and carrying out the program, the

8 Secretary shall coordinate with the Director of the Federal

9 Bureau of Investigation, the Director of the Federal Emer10 gency Management Agency, the Secretary of Defense, and

11 the heads of any other Federal, State, and local government

12 agencies that have an expertise or responsibilities relevant

13 to emergencies described in paragraph (1).

14 (c) ANNUAL REVISIONS OF PROGRAMS.—The official

15 responsible for carrying out a program developed under

16 subsection (a) or (b) shall revise the program not later than

17 June 1 in each fiscal year covered by the program. The revi18 sions shall include adjustments that the official determines

19 necessary or appropriate on the basis of the lessons learned

20 from the exercise or exercises carried out under the program

21 in the fiscal year, including lessons learned regarding co22 ordination problems and equipment deficiencies.

23 (d) OPTION TO TRANSFER RESPONSIBILITY.—(1) The

24 President may designate the head of an agency outside the

25 Department of Defense to assume the responsibility for car-
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1 rying out the program developed under subsection (a) begin2 ning on or after October 1, 1999, and relieve the Secretary

3 of Defense of that responsibility upon the assumption of the

4 responsibility by the designated official.

5 (2) The President may designate the head of an agency

6 outside the Department of Energy to assume the responsibil7 ity for carrying out the program developed under subsection

8 (b) beginning on or after October 1, 1999, and relieve the

9 Secretary of Energy of that responsibility upon the assump10 tion of the responsibility by the designated official.

11 (e) FUNDING.—(1) Of the total amount authorized to

12 be appropriated under section 301, $15,000,000 is available

13 for the development and execution of the programs required

14 by this section, including the participation of State and

15 local agencies in exercises carried out under the programs.

16 (2) The amount available under paragraph (1) for the

17 development and execution of programs referred to in that

18 paragraph is in addition to any other amounts authorized

19 to be appropriated under section 301 for such purposes.
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1 Subtitle B—Interdiction of Weapons

2 of Mass Destruction and Related

3 Materials

4 SEC. 1321. UNITED STATES BORDER SECURITY.

5 (a) PROCUREMENT OF DETECTION EQUIPMENT.—(1)

6 Of the amount authorized to be appropriated by section

7 301, $15,000,000 is available for the procurement of—

8 (A) equipment capable of detecting the movement

9 of weapons of mass destruction and related materials

10 into the United States;

11 (B) equipment capable of interdicting the move12 ment of weapons of mass destruction and related ma13 terials into the United States; and

14 (C) materials and technologies related to use of

15 equipment described in subparagraph (A) or (B).

16 (2) The amount available under paragraph (1) for the

17 procurement of items referred to in that paragraph is in

18 addition to any other amounts authorized to be appro19 priated under section 301 for such purpose.

20 (b) AVAILABILITY OF EQUIPMENT TO COMMISSIONER

21 OF CUSTOMS.—To the extent authorized under chapter 18

22 of title 10, United States Code, the Secretary of Defense

23 may make equipment of the Department of Defense de24 scribed in subsection (a), and related materials and tech25 nologies, available to the Commissioner of Customs for use
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1 in detecting and interdicting the movement of weapons of

2 mass destruction into the United States.

3 SEC. 1322. NONPROLIFERATION AND COUNTER4 PROLIFERATION RESEARCH AND DEVELOPMENT.

5 (a) ACTIVITIES AUTHORIZED.—The Secretary of De6 fense and the Secretary of Energy are each authorized to

7 carry out research on and development of technical means

8 for detecting the presence, transportation, production, and

9 use of weapons of mass destruction and technologies and

10 materials that are precursors of weapons of mass destruc11 tion.

12 (b) FUNDING.—(1)(A) There is authorized to be appro13 priated for the Department of Defense for fiscal year 1997,

14 $10,000,000 for research and development carried out by

15 the Secretary of Defense pursuant to subsection (a).

16 (B) The amount authorized to be appropriated for re17 search and development under subparagraph (A) is in addi18 tion any other amounts that are authorized to be appro19 priated under this Act for such research and development,

20 including funds authorized to be appropriated for research

21 and development relating to nonproliferation of weapons of

22 mass destruction.

23 (2)(A) Of the total amount authorized to be appro24 priated under title XXXI, $19,000,000 is available for re-
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1 search and development carried out by the Secretary of En2 ergy pursuant to subsection (a).

3 (B) The amount available under subparagraph (B) is

4 in addition to any other amount authorized to be appro5 priated under title XXXI for such research and develop6 ment.

7 SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POW8 ERS ACT.

9 Section 203 of the International Emergency Economic

10 Powers Act (50 U.S.C. 1702) is amended—

11 (1) in subsection (a)(1)(B), by striking out ‘‘im12 portation or exportation of,’’ and inserting in lieu

13 thereof ‘‘importation, exportation, or attempted im14 portation or exportation of,’’; and

15 (2) in subsection (b)(3), by striking out ‘‘impor16 tation from any country, or the exportation’’ and in17 serting in lieu thereof ‘‘importation or attempted im18 portation from any country, or the exportation or at19 tempted exportation’’.

20 SEC. 1324. CRIMINAL PENALTIES.

21 It is the sense of Congress that—

22 (1) the sentencing guidelines prescribed by the

23 United States Sentencing Commission for the offenses

24 of importation, attempted importation, exportation,

25 and attempted exportation of nuclear, biological, and
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1 chemical weapons materials constitute inadequate

2 punishment for such offenses; and

3 (2) Congress urges the United States Sentencing

4 Commission to revise the relevant sentencing guide5 lines to provide for increased penalties for offenses re6 lating to importation, attempted importation, expor7 tation, and attempted exportation of nuclear, biologi8 cal, or chemical weapons or related materials or tech9 nologies under—

10 (A) section 11 of the Export Administration

11 Act of 1979 (50 U.S.C. App. 2410);

12 (B) sections 38 and 40 the Arms Export

13 Control Act (22 U.S.C. 2778 and 2780);

14 (C) the International Emergency Economic

15 Powers Act (50 U.S.C. 1701 et seq.); and

16 (D) section 309(c) of the Nuclear Non-Pro17 liferation Act of 1978 (22 U.S.C. 2156a(c).

18 SEC. 1325. INTERNATIONAL BORDER SECURITY.

19 (a) SECRETARY OF DEFENSE RESPONSIBILITY.—The

20 Secretary of Defense, in consultation and cooperation with

21 the Commissioner of Customs, shall carry out programs for

22 assisting customs officials and border guard officials in the

23 independent states of the former Soviet Union, the Baltic

24 states, and other countries of Eastern Europe in preventing

25 unauthorized transfer and transportation of nuclear, bio-
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1 logical, and chemical weapons and related materials.

2 Training, expert advice, maintenance of equipment, loan

3 of equipment, and audits may be provided under or in con4 nection with the programs.

5 (b) FUNDING.—(1) Of the total amount authorized to

6 be appropriated by section 301, $15,000,000 is available for

7 carrying out the programs referred to in subsection (a).

8 (2) The amount available under paragraph (1) for

9 programs referred to in that paragraph is in addition to

10 any other amounts authorized to be appropriated under sec11 tion 301 for such programs.

12 Subtitle C—Control and Disposition

13 of Weapons of Mass Destruction

14 and Related Materials Threaten15 ing the United States

16 SEC. 1331. PROTECTION AND CONTROL OF MATERIALS CON17 STITUTING A THREAT TO THE UNITED

18 STATES.

19 (a) DEPARTMENT OF ENERGY PROGRAM.—Subject to

20 subsection (c)(1), the Secretary of Energy may, under mate21 rials protection, control, and accounting assistance of the

22 Department of Energy, provide assistance for securing from

23 theft or other unauthorized disposition nuclear materials

24 that are not so secured and are located at any site within
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1 the former Soviet Union where effective controls for securing

2 such materials are not in place.

3 (b) DEPARTMENT OF DEFENSE PROGRAM.—Subject to

4 subsection (c)(2), the Secretary of Defense may provide ma5 terials protection, control, and accounting assistance under

6 the Cooperative Threat Reduction Programs of the Depart7 ment of Defense for securing from theft or other unauthor8 ized disposition, or for destroying, nuclear, radiological, bi9 ological, or chemical weapons (or related materials) that

10 are not so secure and are located at any site within the

11 former Soviet Union where effective controls for securing

12 such weapons are not in place.

13 (c) FUNDING.—(1)(A) Of the total amount authorized

14 to be appropriated under title XXXI, $15,000,000 is avail15 able for materials protection, control, and accounting as16 sistance of the Department of Energy for providing assist17 ance under subsection (a).

18 (B) The amount available under subparagraph (A) is

19 in addition to any other funds that are authorized to be

20 appropriated under title XXXI for materials protection,

21 control, and accounting assistance of the Department of En22 ergy.

23 (2)(A) Of the total amount authorized to be appro24 priated under section 301, $10,000,000 is available for the

25 Cooperative Threat Reduction Programs of the Department
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1 of Defense for providing materials protection, control, and

2 accounting assistance under subsection (b).

3 (B) The amount available under subparagraph (A) is

4 in addition to any other funds that are authorized to be

5 appropriated by section 301 for materials protection, con6 trol, and accounting assistance of the Department of De7 fense.

8 SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CON9 VERSION OF WEAPONS AND MATERIALS.

10 (a) FUNDING FOR COOPERATIVE ACTIVITIES FOR DE11 VELOPMENT OF TECHNOLOGIES.—Of the total amount au12 thorized to be appropriated under title XXXI, $10,000,000

13 is available for continuing and expediting cooperative ac14 tivities with the Government of Russia to develop and de15 ploy—

16 (1) technologies for improving verification of nu17 clear warhead dismantlement;

18 (2) technologies for converting plutonium from

19 weapons into forms that—

20 (A) are better suited for long-term storage

21 than are the forms from which converted;

22 (B) facilitate verification; and

23 (C) are suitable for nonweapons use; and

24 (3) technologies that promote openness in Rus25 sian production, storage, use, and final and interim
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1 disposition of weapon-usable fissible material, includ2 ing at tritium/isotope production reactors, uranium

3 enrichment plants, chemical separation plants, and

4 fabrication facilities associated with naval and civil

5 research reactors.

6 (b) WEAPONS-USABLE FISSILE MATERIALS TO BE

7 COVERED BY COOPERATIVE THREAT REDUCTION PRO8 GRAMS ON ELIMINATION OR TRANSPORTATION OF NUCLEAR

9 WEAPONS.—Section 1201(b)(1) of the National Defense Au10 thorization Act for Fiscal Year 1996 (Public Law 104–106;

11 110 Stat. 469; 22 U.S.C. 5955 note) is amended by insert12 ing ‘‘, fissile material suitable for use in nuclear weapons,’’

13 after ‘‘other weapons’’.

14 SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.

15 (a) REPLACEMENT PROGRAM.—The Secretary of De16 fense, in consultation with the Secretary of Energy, shall

17 develop a cooperative program with the Government of Rus18 sia to eliminate the production of weapons grade plutonium

19 by modifying or replacing the reactor cores at Tomsk–7 and

20 Krasnoyarsk–26 with reactor cores that are less suitable for

21 the production of weapons-grade plutonium.

22 (b) PROGRAM REQUIREMENTS.—(1) The program

23 shall be designed to achieve completion of the modifications

24 or replacements of the reactor cores within three years after
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1 the modification or replacement activities under the pro2 gram are begun.

3 (2) The plan for the program shall—

4 (A) specify—

5 (i) successive steps for the modification or

6 replacement of the reactor cores; and

7 (ii) clearly defined milestones to be

8 achieved; and

9 (B) include estimates of the costs of the program.

10 (c) SUBMISSION OF PROGRAM PLAN TO CONGRESS.—

11 Not later than 180 days after the date of the enactment of

12 this Act, the Secretary of Defense shall submit to Congress—

13 (1) a plan for the program under subsection (a);

14 (2) an estimate of the United States funding that

15 is necessary for carrying out the activities under the

16 program for each fiscal year covered by the program;

17 and

18 (3) a comparison of the benefits of the program

19 with the benefits of other nonproliferation programs.

20 (d) FUNDING FOR INITIAL PHASE.—(1) Of the total

21 amount authorized to be appropriated by section 301 other

22 than for Cooperative Threat Reduction programs,

23 $16,000,000 is available for the initial phase of the program

24 under subsection (a).
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1 (2) The amount available for the initial phase of the

2 reactor modification or replacement program under para3 graph (1) is in addition to amounts authorized to be appro4 priated for Cooperative Threat Reduction programs under

5 section 301(20).

6 SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DE7 MILITARIZE WEAPONS OF MASS DESTRUC8 TION PRODUCTION FACILITIES.

9 (a) DEPARTMENT OF ENERGY PROGRAM.—The Sec10 retary of Energy shall expand the Industrial Partnership

11 Program of the Department of Energy to include coverage

12 of all of the independent states of the former Soviet Union.

13 (b) DEPARTMENT OF DEFENSE PROGRAM.—The Sec14 retary of Defense shall establish a program to support the

15 dismantlement or conversion of the biological and chemical

16 weapons facilities in the independent states of the former

17 Soviet Union to uses for nondefense purposes. The Secretary

18 may carry out such program in conjunction with, or sepa19 rately from, the organization designated as the Defense En20 terprise Fund (formerly designated as the ‘‘Demilitariza21 tion Enterprise Fund’’ under section 1204 of the National

22 Defense Authorization Act for Fiscal Year 1994 (Public

23 Law 103–160; 22 U.S.C. 5953)).

24 (c) FUNDING FOR DEPARTMENT OF DEFENSE PRO25 GRAM.—(1)(A) Of the total amount authorized to be appro-
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1 priated under section 301, $15,000,000 is available for the

2 program under subsection (b).

3 (B) The amount available under subparagraph (A) for

4 the industrial partnership program of the Department of

5 Defense established pursuant to subsection (b) is in addition

6 to the amount authorized to be appropriated for Coopera7 tive Threat Reduction programs under section 301.

8 (2) It is the sense of Congress that the Secretary of

9 Defense should transfer to the Defense Enterprise Fund,

10 $20,000,000 out of the funds appropriated for Cooperative

11 Threat Reduction programs for fiscal years before fiscal

12 year 1997 that remain available for obligation.

13 SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY

14 AND SECURITY OF NUCLEAR MATERIALS.

15 (a) PROGRAM EXPANSION AUTHORIZED.—The Sec16 retary of Energy is authorized to expand the Lab-to-Lab

17 program of the Department of Energy to improve the safety

18 and security of nuclear materials in the independent states

19 of the former Soviet Union where the Lab-to-Lab program

20 is not being carried out on the date of the enactment of

21 this Act.

22 (b) FUNDING.—(1) Of the total amount authorized to

23 be appropriated under title XXXI, $20,000,000 is available

24 for expanding the Lab-to-Lab program as authorized under

25 subsection (a).
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1 (2) The amount available under paragraph (1) is in

2 addition to any other amount otherwise available for the

3 Lab-to-Lab program.

4 SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF

5 HIGHLY ENRICHED URANIUM USED FOR PRO6 PULSION OF RUSSIAN SHIPS.

7 (a) RESPONSIBLE UNITED STATES OFFICIAL.—The

8 Secretary of Energy shall be responsible for carrying out

9 United States cooperative activities with the Government

10 of the Russian Federation on improving the security of

11 highly enriched uranium that is used for propulsion of Rus12 sian military and civilian ships.

13 (b) PLAN REQUIRED.—(1) The Secretary shall develop

14 and periodically update a plan for the cooperative activities

15 referred to in subsection (a).

16 (2) The Secretary shall coordinate the development and

17 updating of the plan with the Secretary of Defense. The Sec18 retary of Defense shall involve the Joint Chiefs of Staff in

19 the coordination.

20 (c) FUNDING.—(1) Of the total amount authorized to

21 be appropriated by title XXXI, $6,000,000 is available for

22 materials protection, control, and accounting program of

23 the Department of Energy for the cooperative activities re24 ferred to in subsection (a).
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1 (2) The amount available for the Department of En2 ergy for materials protection, control, and accounting pro3 gram under paragraph (1) is in addition to other amounts

4 authorized to be appropriated by title XXXI for such pro5 gram.

6 SEC. 1337. MILITARY-TO-MILITARY RELATIONS.

7 (a) FUNDING.—Of the total amount authorized to be

8 appropriated under section 301, $2,000,000 is available for

9 expanding military-to-military programs of the United

10 States that focus on countering the threats of proliferation

11 of weapons of mass destruction so as to include the security

12 forces of independent states of the former Soviet Union, par13 ticularly states in the Caucasus region and Central Asia.

14 (b) RELATIONSHIP TO OTHER FUNDING AUTHOR15 ITY.—The amount available for expanding military-to16 military programs under subsection (a) is in addition to

17 the amount authorized to be appropriated for Cooperative

18 Threat Reduction programs under section 301.

19 SEC. 1338. TRANSFER AUTHORITY.

20 (a) SECRETARY OF DEFENSE.—(1) To the extent pro21 vided in appropriations Acts, the Secretary of Defense may

22 transfer amounts appropriated pursuant to this subtitle for

23 the Department of Defense for programs and authorities

24 under this subtitle to appropriations available for programs

25 authorized under subtitle A.
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1 (2) Amounts so transferred shall be merged with the

2 appropriations to which transferred and shall be available

3 for the programs for which the amounts are transferred.

4 (3) The transfer authority under paragraph (1) is in

5 addition to any other transfer authority provided by this

6 Act.

7 (b) SECRETARY OF ENERGY.—(1) To the extent pro8 vided in appropriations Acts, the Secretary of Energy may

9 transfer amounts appropriated pursuant to this subtitle for

10 the Department of Energy for programs and authorities

11 under this subtitle to appropriations available for programs

12 authorized under subtitle A.

13 (2) Amounts so transferred shall be merged with the

14 appropriations to which transferred and shall be available

15 for the programs for which the amounts are transferred.

16 (3) The transfer authority under paragraph (1) is in

17 addition to any other transfer authority provided by this

18 Act.
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1 Subtitle D—Coordination of Policy

2 and Countermeasures Against

3 Proliferation of Weapons of Mass

4 Destruction

5 SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERA6 TION.

7 (a) DESIGNATION OF POSITION.—The President shall

8 designate an individual to serve in the Executive Office of

9 the President as the National Coordinator for Nonprolifera10 tion Matters.

11 (b) DUTIES.—The Coordinator shall have the following

12 responsibilities:

13 (1) To be the principal adviser to the President

14 on nonproliferation of weapons of mass destruction,

15 including issues related to terrorism, arms control,

16 and international organized crime.

17 (2) To chair the Committee on Nonproliferation

18 established under section 1342.

19 (3) To take such actions as are necessary to en20 sure that there is appropriate emphasis in, coopera21 tion on, and coordination of, nonproliferation re22 search efforts of the United States, including activities

23 of Federal agencies as well as activities of contractors

24 funded by the Federal Government.
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1 (c) RELATIONSHIP TO CERTAIN SENIOR DIRECTORS

2 OF NATIONAL SECURITY COUNCIL.—(1) The senior direc3 tors of the National Security Council report to the Coordi4 nator regarding the following matters:

5 (A) Nonproliferation of weapons of mass destruc6 tion and related issues.

7 (B) Management of crises involving use or

8 threatened use of weapons of mass destruction, and on

9 management of the consequences of the use or threat10 ened use of such a weapon.

11 (C) Terrorism, arms control, and organized

12 crime issues that relate to the threat of proliferation

13 of weapons of mass destruction.

14 (2) Nothing in paragraph (1) shall be construed to af15 fect the reporting relationship between a senior director and

16 the Assistant to the President for National Security Affairs

17 or any other supervisor regarding matters other than mat18 ters described in paragraph (1).

19 (d) ALLOCATION OF FUNDS.—Of the total amount au20 thorized to be appropriated under section 201, $2,000,000

21 is available for carrying out research referred to in sub22 section (b)(3). Such amount is in addition to any other

23 amounts authorized to be appropriated under section 201

24 for such purpose.
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1 SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON

2 NONPROLIFERATION.

3 (a) ESTABLISHMENT.—The Committee on Non4 proliferation (in this section referred to as the ‘‘Commit5 tee’’) is established as a committee of the National Security

6 Council.

7 (b) MEMBERSHIP.—(1) The Committee shall be com8 posed of the following:

9 (A) The Secretary of State.

10 (B) The Secretary of Defense.

11 (C) The Director of Central Intelligence.

12 (D) The Attorney General.

13 (E) The Secretary of Energy.

14 (F) The Administrator of the Federal Emergency

15 Management Agency.

16 (G) The Secretary of the Treasury.

17 (H) The Secretary of Commerce.

18 (I) Such other members as the President may

19 designate.

20 (2) The National Coordinator for Nonproliferation

21 Matters shall chair the Committee on Nonproliferation.

22 (c) RESPONSIBILITIES.—The Committee has the fol23 lowing responsibilities:

24 (1) To review and coordinate Federal programs,

25 policies, and directives relating to the proliferation of

26 weapons of mass destruction and related materials
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1 and technologies, including matters relating to terror2 ism and international organized crime.

3 (2) To make recommendations to the President

4 regarding the following:

5 (A) Integrated national policies for counter6 ing the threats posed by weapons of mass de7 struction.

8 (B) Options for integrating Federal agency

9 budgets for countering such threats.

10 (C) Means to ensure that the Federal, State,

11 and local governments have adequate capabilities

12 to manage crises involving nuclear, radiological,

13 biological, or chemical weapons or related mate14 rials or technologies, and to manage the con15 sequences of a use of such a weapon or related

16 materials or technologies, and that use of those

17 capabilities is coordinated.

18 (D) Means to ensure appropriate coopera19 tion on, and coordination of, the following:

20 (i) Preventing the smuggling of weap21 ons of mass destruction and related mate22 rials and technologies.

23 (ii) Promoting domestic and inter24 national law enforcement efforts against

25 proliferation-related efforts.
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1 (iii) Countering the involvement of or2 ganized crime groups in proliferation-relat3 ed activities.

4 (iv) Safeguarding weapons of mass de5 struction materials and related technologies.

6 (v) Improving coordination and co7 operation among intelligence activities, law

8 enforcement, and the Departments of De9 fense, State, Commerce, and Energy in sup10 port of nonproliferation and

11 counterproliferation efforts.

12 (vi) Ensuring the continuation of effec13 tive export controls over materials and tech14 nologies that can contribute to the acquisi15 tion of weapons of mass destruction.

16 (vii) Reducing proliferation of weap17 ons of mass destruction and related mate18 rials and technologies.

19 SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.

20 (a) PROGRAM REQUIRED.—The President, acting

21 through the Committee on Nonproliferation established

22 under section 1342, shall develop a comprehensive program

23 for carrying out this title.

24 (b) CONTENT OF PROGRAM.—The program set forth in

25 the report shall include specific plans as follows:
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1 (1) Plans for countering proliferation of weapons

2 of mass destruction and related materials and tech3 nologies.

4 (2) Plans for training and equipping Federal,

5 State, and local officials for managing a crisis involv6 ing a use or threatened use of a weapon of mass de7 struction, including the consequences of the use of

8 such a weapon.

9 (3) Plans for providing for regular sharing of in10 formation among intelligence, law enforcement, and

11 customs agencies.

12 (4) Plans for training and equipping law en13 forcement units, customs services, and border security

14 personnel to counter the smuggling of weapons of

15 mass destruction and related materials and tech16 nologies.

17 (5) Plans for establishing appropriate centers for

18 analyzing seized nuclear, radiological, biological, and

19 chemical weapons, and related materials and tech20 nologies.

21 (6) Plans for establishing in the United States

22 appropriate legal controls and authorities relating to

23 the exporting of nuclear, radiological, biological, and

24 chemical weapons, and related materials and tech25 nologies.
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1 (7) Plans for encouraging and assisting govern2 ments of foreign countries to implement and enforce

3 laws that set forth appropriate penalties for offenses

4 regarding the smuggling of weapons of mass destruc5 tion and related materials and technologies.

6 (8) Plans for building the confidence of the Unit7 ed States and Russia in each other’s controls over

8 United States and Russian nuclear weapons and

9 fissile materials, including plans for verifying the dis10 mantlement of nuclear weapons.

11 (9) Plans for reducing United States and Rus12 sian stockpiles of excess plutonium, reflecting—

13 (A) consideration of the desirability and

14 feasibility of a United States-Russian agreement

15 governing fissile material disposition and the

16 specific technologies and approaches to be used

17 for disposition of excess plutonium; and

18 (B) an assessment of the options for United

19 States cooperation with Russia in the disposition

20 of Russian plutonium.

21 (10) Plans for studying the merits and costs of

22 establishing a global network of means for detecting

23 and responding to terroristic or other criminal use of

24 biological agents against people or other forms of life

25 in the United States or any foreign country.
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1 (c) REPORT.—(1) At the same time that the President

2 submits the budget for fiscal year 1998 to Congress pursu3 ant to section 1105(a) of title 31, United States Code, the

4 President shall submit to Congress a report that sets forth

5 the comprehensive program developed under subsection (a).

6 (2) The report shall include the following:

7 (A) The specific plans for the program that are

8 required under subsection (b).

9 (B) Estimates of the funds necessary for carry10 ing out such plans in fiscal year 1998.

11 (3) The report shall be in an unclassified form. If there

12 is a classified version of the report, the President shall sub13 mit the classified version at the same time.

14 SEC. 1344. TERMINATION.

15 After September 30, 1999, the President—

16 (1) is not required to maintain a National Coor17 dinator for Nonproliferation Matters under section

18 1341; and

19 (2) may terminate the Committee on Non20 proliferation established under section 1342.

21 Subtitle E—Miscellaneous

22 SEC. 1351. CONTRACTING POLICY.

23 It is the sense of Congress that the Secretary of Defense,

24 the Secretary of Energy, the Secretary of the Treasury, and

25 the Secretary of State—
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1 (1) in the administration of funds available to

2 such officials in accordance with this title, should (to

3 the extent possible under law) contract directly with

4 suppliers in independent states of the former Soviet

5 Union to facilitate the purchase of goods and services

6 necessary to carry out effectively the programs and

7 authorities provided or referred to in subtitle C; and

8 (2) to do so should seek means, consistent with

9 law, to utilize innovative contracting approaches to

10 avoid delay and increase the effectiveness of such pro11 grams and of the exercise of such authorities.

12 SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERA13 TIVE THREAT REDUCTION PROGRAMS.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) The various Cooperative Threat Reduction

16 programs are being carried out at different rates in

17 the various countries covered by such programs.

18 (2) It is necessary to authorize transfers of fund19 ing allocations among the various programs in order

20 to maximize the effectiveness of United States efforts

21 under such programs.

22 (b) TRANSFERS AUTHORIZED.—Funds appropriated

23 for the purposes set forth in subsection (a) of section 1202

24 of the National Defense Authorization Act for Fiscal Year

25 1996 (Public Law 104–106; 110 Stat. 409) may be used
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1 for any such purpose without regard to the allocation set

2 forth in that section and without regard to subsection (b)

3 of such section.

4 SEC. 1353. ADDITIONAL CERTIFICATIONS.

5 (a) SENSE OF CONGRESS.—It is the sense of Congress

6 that—

7 (1) the Cooperative Threat Reduction programs

8 and other United States programs that are derived

9 from programs established under the Former Soviet

10 Union Demilitarization Act of 1992 (title XIV of

11 Public Law 102–484; 22 U.S.C. 2901 et seq.) should

12 be expanded by offering assistance under those pro13 grams to other independent states of the former Soviet

14 Union in addition to Russia, Ukraine, Kazakstan,

15 and Belarus; and

16 (2) the President should offer assistance to addi17 tional independent states of the former Soviet Union

18 in each case in which the participation of such states

19 would benefit national security interests of the United

20 States by improving border controls and safeguards

21 over materials and technology associated with weap22 ons of mass destruction.

23 (b) EXTENSION OF COVERAGE.—Assistance under pro24 grams referred to in subsection (a) may, notwithstanding

25 any other provision of law, be extended to include an inde-
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1 pendent state of the former Soviet Union if the President

2 certifies to Congress that it is in the national interests of

3 the United States to extend the assistance to that state.

4 SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DE5 RIVED FROM RUSSIAN HIGHLY ENRICHED

6 URANIUM.

7 (a) SENSE OF CONGRESS.—It is the sense of Congress

8 that the allies of the United States and other nations should

9 participate in efforts to ensure that stockpiles of weapons10 grade nuclear material are reduced.

11 (b) ACTIONS BY THE SECRETARY OF STATE.—Con12 gress urges the Secretary of State to encourage, in consulta13 tion with the Secretary of Energy, other countries to pur14 chase low-enriched uranium that is derived from highly en15 riched uranium extracted from Russian nuclear weapons.

16 SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION

17 OF FISSILE MATERIALS AT RISK OF THEFT.

18 It is the sense of Congress that—

19 (1) the Secretary of Defense, the Secretary of En20 ergy, the Secretary of the Treasury, and the Secretary

21 of State should purchase, package, and transport to

22 secure locations weapons-grade nuclear materials

23 from a stockpile of such materials if such officials de24 termine that—
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1 (A) there is a significant risk of theft of

2 such materials; and

3 (B) there is no reasonable and economically

4 feasible alternative for securing such materials;

5 and

6 (2) if it is necessary to do so in order to secure

7 the materials, the materials should be imported into

8 the United States, subject to the laws and regulations

9 that are applicable to the importation of such mate10 rials into the United States.

11 SEC. 1356. REDUCTIONS IN AUTHORIZATION OF APPRO12 PRIATIONS.

13 (a) NAVY RDT&E.—(1) The total amount authorized

14 to be appropriated under section 201(2) is reduced by

15 $150,000,000.

16 (2) The reduction in paragraph (1) shall be applied

17 to reduce by $150,000,000 the amount authorized to be ap18 propriated under section 201(2) for the Distributed Surveil19 lance System.

20 (b) OPERATIONS AND MAINTENANCE, DEFENSE21 WIDE.—The total amount authorized to be appropriated

22 under section 301(5) is reduced by $85,000,000.
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1 TITLE XIV—FEDERAL EMPLOYEE

2 TRAVEL REFORM

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Travel Reform and Sav5 ings Act of 1996’’.

6 Subtitle A—Relocation Benefits

7 SEC. 1411. MODIFICATION OF ALLOWANCE FOR SEEKING

8 PERMANENT RESIDENCE QUARTERS.

9 Section 5724a of title 5, United States Code, is amend10 ed to read as follows:

11 ‘‘§ 5724a. Relocation expenses of employees trans12 ferred or reemployed

13 ‘‘(a) An agency shall pay to or on behalf of an em14 ployee who transfers in the interest of the Government, a

15 per diem allowance or the actual subsistence expenses, or

16 a combination thereof, of the immediate family of the em17 ployee for en route travel of the immediate family between

18 the employee’s old and new official stations.

19 ‘‘(b)(1) An agency may pay to or on behalf of an em20 ployee who transfers in the interest of the Government be21 tween official stations located within the United States—

22 ‘‘(A) the expenses of transportation, and either a

23 per diem allowance or the actual subsistence expenses,

24 or a combination thereof, of the employee and the em-
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1 ployee’s spouse for travel to seek permanent residence

2 quarters at a new official station; or

3 ‘‘(B) the expenses of transportation, and an

4 amount for subsistence expenses in lieu of a per diem

5 allowance or the actual subsistence expenses or a com6 bination thereof, authorized in subparagraph (A) of

7 this paragraph.

8 ‘‘(2) Expenses authorized under this subsection may

9 be allowed only for one round trip in connection with each

10 change of station of the employee.’’.

11 SEC. 1412. MODIFICATION OF TEMPORARY QUARTERS SUB12 SISTENCE EXPENSES ALLOWANCE.

13 Section 5724a of title 5, United States Code, is further

14 amended by adding at the end the following new subsection:

15 ‘‘(c)(1) An agency may pay to or on behalf of an em16 ployee who transfers in the interest of the Government—

17 ‘‘(A) actual subsistence expenses of the employee

18 and the employee’s immediate family for a period of

19 up to 60 days while occupying temporary quarters

20 when the new official station is located within the

21 United States as defined in subsection (d) of this sec22 tion; or

23 ‘‘(B) an amount for subsistence expenses instead

24 of the actual subsistence expenses authorized in sub25 paragraph (A) of this paragraph.
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1 ‘‘(2) The period authorized in paragraph (1) of this

2 subsection for payment of expenses for residence in tem3 porary quarters may be extended up to an additional 60

4 days if the head of the agency concerned or the designee

5 of such head of the agency determines that there are compel6 ling reasons for the continued occupancy of temporary

7 quarters.

8 ‘‘(3) The regulations implementing paragraph (1)(A)

9 shall prescribe daily rates and amounts for subsistence ex10 penses per individual.’’.

11 SEC. 1413. MODIFICATION OF RESIDENCE TRANSACTION

12 EXPENSES ALLOWANCE.

13 (a) EXPENSES OF SALE.—Section 5724a of title 5,

14 United States Code, is further amended by adding at the

15 end the following new subsection:

16 ‘‘(d)(1) An agency shall pay to or on behalf of an em17 ployee who transfers in the interest of the Government, ex18 penses of the sale of the residence (or the settlement of an

19 unexpired lease) of the employee at the old official station

20 and purchase of a residence at the new official station that

21 are required to be paid by the employee, when the old and

22 new official stations are located within the United States.

23 ‘‘(2) An agency shall pay to or on behalf of an em24 ployee who transfers in the interest of the Government from

25 a post of duty located outside the United States to an offi-
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1 cial station within the United States (other than the official

2 station within the United States from which the employee

3 was transferred when assigned to the foreign tour of

4 duty)—

5 ‘‘(A) expenses required to be paid by the em6 ployee of the sale of the residence (or the settlement

7 of an unexpired lease) of the employee at the old offi8 cial station from which the employee was transferred

9 when the employee was assigned to the post of duty

10 located outside the United States; and

11 ‘‘(B) expenses required to be paid by the em12 ployee of the purchase of a residence at the new offi13 cial station within the United States.

14 ‘‘(3) Reimbursement of expenses under paragraph (2)

15 of this subsection shall not be allowed for any sale (or settle16 ment of an unexpired lease) or purchase transaction that

17 occurs prior to official notification that the employee’s re18 turn to the United States would be to an official station

19 other than the official station from which the employee was

20 transferred when assigned to the post of duty outside the

21 United States.

22 ‘‘(4) Reimbursement for brokerage fees on the sale of

23 the residence and other expenses under this subsection may

24 not exceed those customarily charged in the locality where

25 the residence is located.
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1 ‘‘(5) Reimbursement may not be made under this sub2 section for losses incurred by the employee on the sale of

3 the residence.

4 ‘‘(6) This subsection applies regardless of whether title

5 to the residence or the unexpired lease is—

6 ‘‘(A) in the name of the employee alone;

7 ‘‘(B) in the joint names of the employee and a

8 member of the employee’s immediate family; or

9 ‘‘(C) in the name of a member of the employee’s

10 immediate family alone.

11 ‘‘(7)(A) In connection with the sale of the residence at

12 the old official station, reimbursement under this subsection

13 shall not exceed 10 percent of the sale price.

14 ‘‘(B) In connection with the purchase of a residence

15 at the new official station, reimbursement under this sub16 section shall not exceed 5 percent of the purchase price.

17 ‘‘(8) For purposes of this subsection, the term ‘United

18 States’ means the several States of the United States, the

19 District of Columbia, the territories and possessions of the

20 United States, the Commonwealth of Puerto Rico, the Com21 monwealth of the Northern Mariana Islands, and the areas

22 and installations in the Republic of Panama made avail23 able to the United States pursuant to the Panama Canal

24 Treaty of 1977 and related agreements (as described in sec25 tion 3(a) of the Panama Canal Act of 1979).’’.
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1 (b) RELOCATION SERVICES.—Section 5724c of title 5,

2 United State Code, is amended to read as follows:

3 ‘‘§ 5724c. Relocation services

4 ‘‘Under regulations prescribed under section 5737,

5 each agency may enter into contracts to provide relocation

6 services to agencies and employees for the purpose of carry7 ing out this subchapter. An agency may pay a fee for such

8 services. Such services include arranging for the purchase

9 of a transferred employee’s residence.’’.

10 SEC. 1414. AUTHORITY TO PAY FOR PROPERTY MANAGE11 MENT SERVICES.

12 Section 5724a of title 5, United States Code, is further

13 amended—

14 (1) in subsection (d) (as added by section 1413

15 of this title)—

16 (A) by redesignating paragraph (8) as

17 paragraph (9); and

18 (B) by inserting after paragraph (7) the fol19 lowing new paragraph:

20 ‘‘(8) An agency may pay to or on behalf of an em21 ployee who transfers in the interest of the Government, ex22 penses of property management services when the agency

23 determines that such transfer is advantageous and cost-ef24 fective to the Government, instead of expenses under para-
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1 graph (2) or (3) of this subsection, for sale of the employee’s

2 residence.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(e) An agency may pay to or on behalf of an employee

6 who transfers in the interest of the Government, the expenses

7 of property management services when the employee trans8 fers to a post of duty outside the United States as defined

9 in subsection (d) of this section. Such payment shall termi10 nate upon return of the employee to an official station with11 in the United States as defined in subsection (d) of this

12 section.’’.

13 SEC. 1415. AUTHORITY TO TRANSPORT A PRIVATELY

14 OWNED MOTOR VEHICLE WITHIN THE CON15 TINENTAL UNITED STATES.

16 (a) IN GENERAL.—Section 5727 of title 5, United

17 States Code, is amended—

18 (1) by redesignating subsections (c) through (e)

19 as subsections (d) through (f), respectively;

20 (2) by inserting after subsection (b) the following

21 new subsection:

22 ‘‘(c) Under regulations prescribed under section 5737,

23 the privately owned motor vehicle or vehicles of an em24 ployee, including a new appointee or a student trainee for

25 whom travel and transportation expenses are authorized
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1 under section 5723, may be transported at Government ex2 pense to a new official station of the employee when the

3 agency determines that such transport is advantageous and

4 cost-effective to the Government.’’; and

5 (3) in subsection (e) (as so redesignated), by

6 striking ‘‘subsection (b) of this section’’ and by insert7 ing ‘‘subsection (b) or (c) of this section’’.

8 (b) AVAILABILITY OF APPROPRIATIONS.—(1) Section

9 5722(a) of title 5, United States Code, is amended—

10 (A) by striking ‘‘and’’ at the end of paragraph

11 (1);

12 (B) by striking the period at the end of para13 graph (2) and inserting ‘‘; and’’; and

14 (C) by adding at the end the following:

15 ‘‘(3) the expenses of transporting a privately

16 owned motor vehicle to the extent authorized under

17 section 5727(c).’’.

18 (2) Section 5723(a) of title 5, United States Code, is

19 amended—

20 (A) by striking ‘‘and’’ at the end of paragraph

21 (1);

22 (B) by inserting ‘‘and’’ after the semicolon at the

23 end of paragraph (2); and

24 (C) by adding at the end the following:
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1 ‘‘(3) the expenses of transporting a privately

2 owned motor vehicle to the extent authorized under

3 section 5727(c);’’.

4 SEC. 1416. AUTHORITY TO PAY LIMITED RELOCATION AL5 LOWANCES TO AN EMPLOYEE WHO IS PER6 FORMING AN EXTENDED ASSIGNMENT.

7 (a) IN GENERAL.—Subchapter II of chapter 57 of title

8 5, United States Code, is amended by adding at the end

9 the following new section:

10 ‘‘§ 5736. Relocation expenses of an employee who is

11 performing an extended assignment

12 ‘‘(a) Under regulations prescribed under section 5737,

13 an agency may pay to or on behalf of an employee assigned

14 from the employee’s official station to a duty station for

15 a period of no less than 6 months and no greater than 30

16 months, the following expenses in lieu of payment of ex17 penses authorized under subchapter I of this chapter:

18 ‘‘(1) Travel expenses to and from the assignment

19 location in accordance with section 5724.

20 ‘‘(2) Transportation expenses of the immediate

21 family and household goods and personal effects to

22 and from the assignment location in accordance with

23 section 5724.
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1 ‘‘(3) A per diem allowance for the employee’s im2 mediate family to and from the assignment location

3 in accordance with section 5724a(a).

4 ‘‘(4) Travel and transportation expenses of the

5 employee and spouse to seek residence quarters at the

6 assignment location in accordance with section

7 5724a(b).

8 ‘‘(5) Subsistence expenses of the employee and the

9 employee’s immediate family while occupying tem10 porary quarters upon commencement and termi11 nation of the assignment in accordance with section

12 5724a(c).

13 ‘‘(6) An amount, in accordance with section

14 5724a(g), to be used by the employee for miscellaneous

15 expenses.

16 ‘‘(7) The expenses of transporting a privately

17 owned motor vehicle or vehicles to the assignment lo18 cation in accordance with section 5727.

19 ‘‘(8) An allowance as authorized under section

20 5724b of this title for Federal, State, and local income

21 taxes incurred on reimbursement of expenses paid

22 under this section or on services provided in kind

23 under this section.

24 ‘‘(9) Expenses of nontemporary storage of house25 hold goods and personal effects as defined in section
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1 5726(a). The weight of the household goods and per2 sonal effects stored under this subsection, together

3 with the weight of property transported under section

4 5724(a), may not exceed the total maximum weight

5 which could be transported in accordance with section

6 5724(a).

7 ‘‘(10) Expenses of property management services.

8 ‘‘(b) An agency shall not make payment under this sec9 tion to or on behalf of the employee for expenses incurred

10 after termination of the temporary assignment.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections for

12 chapter 57 of title 5, United States Code, is amended by

13 inserting after the item relating to section 5735 the follow14 ing new item:

‘‘5736. Relocation expenses of an employee who is performing an extended assignment.’’.

15 SEC. 1417. AUTHORITY TO PAY A HOME MARKETING INCEN16 TIVE.

17 (a) IN GENERAL.—Subchapter IV of chapter 57 of title

18 5, United States Code, is amended by adding at the end

19 the following new section:

20 ‘‘§ 5756. Home marketing incentive payment

21 ‘‘(a) Under such regulations as the Administrator of

22 General Services may prescribe, an agency may pay to an

23 employee who transfers in the interest of the Government

24 an amount, not to exceed a maximum payment amount es-
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1 tablished by the Administrator in consultation with the Di2 rector of the Office of Management and Budget, to encourage

3 the employee to aggressively market the employee’s residence

4 at the old official station when—

5 ‘‘(1) the residence is entered into a program es6 tablished under a contract in accordance with section

7 5724c of this chapter, to arrange for the purchase of

8 the residence;

9 ‘‘(2) the employee finds a buyer who completes

10 the purchase of the residence through the program;

11 and

12 ‘‘(3) the sale of the residence to the individual re13 sults in a reduced cost to the Government.

14 ‘‘(b) For fiscal years 1997 and 1998, the Adminis15 trator shall establish a maximum payment amount of 5

16 percent of the sales price of the residence.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections for

18 chapter 57 of title 5, United States Code, is amended by

19 inserting at the end the following:

‘‘5756. Home marketing incentive payment.’’.

20 SEC. 1418. CONFORMING AMENDMENTS.

21 (a) AMENDMENTS TO TITLE 5, UNITED STATES

22 CODE.—(1) Section 5724a of title 5, United States Code,

23 is further amended by adding at the end the following new

24 subsections:
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1 ‘‘(g)(1) Subject to paragraph (2), an employee who is

2 reimbursed under subsections (a) through (f) of this section

3 or section 5724(a) of this title is entitled to an amount for

4 miscellaneous expenses—

5 ‘‘(A) not to exceed 2 weeks’ basic pay, if such

6 employee has an immediate family; or

7 ‘‘(B) not to exceed 1 week’s basic pay, if such

8 employee does not have an immediate family.

9 ‘‘(2) Amounts paid under paragraph (1) may not ex10 ceed amounts determined at the maximum rate payable for

11 a position at GS–13 of the General Schedule.

12 ‘‘(h) A former employee separated by reason of reduc13 tion in force or transfer of function who within 1 year after

14 the separation is reemployed by a nontemporary appoint15 ment at a different geographical location from that where

16 the separation occurred, may be allowed and paid the ex17 penses authorized by sections 5724, 5725, 5726(b), and 5727

18 of this title, and may receive the benefits authorized by sub19 sections (a) through (g) of this section, in the same manner

20 as though such employee had been transferred in the interest

21 of the Government without a break in service to the location

22 of reemployment from the location where separated.

23 ‘‘(i) Payments for subsistence expenses, including

24 amounts in lieu of per diem or actual subsistence expenses

25 or a combination thereof, authorized under this section shall
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1 not exceed the maximum payment allowed under regula2 tions which implement section 5702 of this title.

3 ‘‘(j) Subsections (a), (b), and (c) shall be implemented

4 under regulations issued under section 5737.’’.

5 (2) Section 3375 of title 5, United States Code, is

6 amended—

7 (A) in subsection (a)(3), by striking ‘‘section

8 5724a(a)(1) of this title’’ and inserting ‘‘section

9 5724a(a) of this title’’;

10 (B) in subsection (a)(4), by striking ‘‘section

11 5724a(a)(3) of this title’’ and inserting ‘‘section

12 5724a(c) of this title’’; and

13 (C) in subsection (a)(5), by striking ‘‘section

14 5724a(b) of this title’’ and inserting ‘‘section 5724a(g)

15 of this title’’.

16 (3) Section 5724(e) of title 5, United States Code, is

17 amended by striking ‘‘section 5724a(a), (b) of this title’’

18 and inserting ‘‘section 5724a(a) through (g) of this title’’.

19 (b) MISCELLANEOUS.—(1) Section 707 of title 38,

20 United States Code, is amended—

21 (A) in subsection (a)(6), by striking ‘‘Section

22 5724a(a)(3)’’ and inserting ‘‘Section 5724a(c)’’; and

23 (B) in subsection (a)(7), by striking ‘‘Section

24 5724a(a)(4)’’ and inserting ‘‘section 5724a(d)’’.
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1 (2) Section 501 of the Public Health Service Act (42

2 U.S.C. 290aa) is amended—

3 (A) in subsection (g)(2)(A), by striking

4 ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and

5 (B) in subsection (g)(2)(A), by striking

6 ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’.

7 (3) Section 925 of the Public Health Service Act (42

8 U.S.C. 299c–4) is amended—

9 (A) in subsection (f)(2)(A), by striking

10 ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and

11 (B) in subsection (f)(2)(A), by striking

12 ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’.

13 Subtitle B—Miscellaneous

14 Provisions

15 SEC. 1431. REPEAL OF THE LONG-DISTANCE TELEPHONE

16 CALL CERTIFICATION REQUIREMENT.

17 Section 1348 of title 31, United States Code, is amend18 ed—

19 (1) by striking the last sentence of subsection

20 (a)(2);

21 (2) by striking subsection (b); and

22 (3) by redesignating subsections (c) and (d) as

23 subsections (b) and (c), respectively.
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1 SEC. 1432. TRANSFER OF AUTHORITY TO ISSUE REGULA2 TIONS.

3 (a) IN GENERAL.—Subchapter II of chapter 57 of title

4 5, United States Code, is further amended by adding at

5 the end the following new section:

6 ‘‘§ 5737. Regulations

7 ‘‘(a)(1) Except as specifically provided in this sub8 chapter, the Administrator of General Services shall pre9 scribe regulations necessary for the administration of this

10 subchapter.

11 ‘‘(2) Notwithstanding any limitation of this sub12 chapter, in promulgating regulations under paragraph (1)

13 of this subsection, the Administrator of General Services

14 shall include a provision authorizing the head of an agency

15 or his designee to waive any limitation of this subchapter

16 or in any implementing regulation for any employee relo17 cating to or from a remote or isolated location who would

18 otherwise suffer hardship.

19 ‘‘(b) The Administrator of General Services shall pre20 scribe regulations necessary for the implementation of sec21 tion 5724b of this subchapter in consultation with the Sec22 retary of the Treasury.

23 ‘‘(c) The Secretary of Defense shall prescribe regula24 tions necessary for the implementation of section 5735 of

25 this subchapter.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections for

2 chapter 57 of title 5, United States Code, is further amended

3 by inserting after the item relating to section 5736 the fol4 lowing new item:

‘‘5737. Regulations.’’.

5 (c) CONFORMING AMENDMENTS.—(1) Section 5722 of

6 title 5, United States Code, is amended by striking ‘‘Under

7 such regulations as the President may prescribe’’, and in8 serting ‘‘Under regulations prescribed under section 5737

9 of this title’’.

10 (2) Section 5723 of title 5, United States Code, is

11 amended by striking ‘‘Under such regulations as the Presi12 dent may prescribe’’, and inserting ‘‘Under regulations pre13 scribed under section 5737 of this title’’.

14 (3) Section 5724 of title 5, United States Code, is

15 amended—

16 (A) in subsections (a) through (c), by striking

17 ‘‘Under such regulations as the President may pre18 scribe’’ each place it appears and inserting ‘‘Under

19 regulations prescribed under section 5737 of this

20 title’’;

21 (B) in subsections (c) and (e), by striking

22 ‘‘under regulations prescribed by the President’’ and

23 inserting ‘‘under regulations prescribed under section

24 5737 of this title’’; and
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1 (C) in subsection (f), by striking ‘‘under the reg2 ulations of the President’’ and inserting ‘‘under regu3 lations prescribed under section 5737 of this title’’.

4 (4) Section 5724b of title 5, United States Code, is

5 amended by striking ‘‘Under such regulations as the Presi6 dent may prescribe’’ and inserting ‘‘Under regulations pre7 scribed under section 5737 of this title’’.

8 (5) Section 5726 of title 5, United States Code, is

9 amended—

10 (A) in subsection (a), by striking ‘‘as the Presi11 dent may by regulation authorize’’ and inserting ‘‘as

12 authorized under regulations prescribed under section

13 5737 of this title’’; and

14 (B) in subsections (b) and (c), by striking

15 ‘‘Under such regulations as the President may pre16 scribe’’ each place it appears and inserting ‘‘under

17 regulations prescribed under section 5737 of this

18 title’’.

19 (6) Section 5727(b) of title 5, United States Code, is

20 amended by striking ‘‘Under such regulations as the Presi21 dent may prescribe’’ and inserting ‘‘Under regulations pre22 scribed under section 5737 of this title’’.

23 (7) Section 5728 of title 5, United States Code, is

24 amended in subsections (a), (b), and (c)(1), by striking

25 ‘‘Under such regulations as the President may prescribe’’
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1 each place it appears and inserting ‘‘Under regulations pre2 scribed under section 5737 of this title’’.

3 (8) Section 5729 of title 5, United States Code, is

4 amended in subsections (a) and (b), by striking ‘‘Under

5 such regulations as the President may prescribe’’ each place

6 it appears and inserting ‘‘Under regulations prescribed

7 under section 5737 of this title’’.

8 (9) Section 5731 of title 5, United States Code, is

9 amended by striking ‘‘in accordance with regulations pre10 scribed by the President’’ and inserting ‘‘in accordance with

11 regulations prescribed under section 5737 of this title’’.

12 SEC. 1433. REPORT ON ASSESSMENT OF COST SAVINGS.

13 No later than 1 year after the effective date of the final

14 regulations issued under section 1434(b), the General Ac15 counting Office shall submit a report to the Committee on

16 Governmental Affairs of the Senate and the Committee on

17 Government Reform and Oversight of the House of Rep18 resentatives on an assessment of the cost savings to Federal

19 travel administration resulting from statutory and regu20 latory changes under this Act.

21 SEC. 1434. EFFECTIVE DATE; ISSUANCE OF REGULATIONS.

22 (a) EFFECTIVE DATE.—The amendments made by this

23 title shall take effect upon the expiration of the 180-day pe24 riod beginning on the date of the enactment of this Act.
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1 (b) REGULATIONS.—The Administrator of General

2 Services shall issue final regulations implementing the

3 amendments made by this title by not later than the expira4 tion of the period referred to in subsection (a).

5 DIVISION B—MILITARY CON6 STRUCTION AUTHORIZA7 TIONS

8 SEC. 2001. SHORT TITLE.

9 This division may be cited as the ‘‘Military Construc10 tion Authorization Act for Fiscal Year 1997’’.

11 TITLE XXI—ARMY

12 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

13 ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations

16 in section 2104(a)(1), the Secretary of the Army may ac17 quire real property and carry out military construction

18 projects for the installations and locations inside the United

19 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Total

Alabama ............................. Fort Rucker .............................................. $3,250,000

California ........................... Camp Roberts ........................................... $5,500,000

Naval Weapons Station, Concord ........... $27,000,000

Colorado ............................. Fort Carson .............................................. $13,000,000

District of Columbia ......... Fort McNair ............................................. $6,900,000

Georgia ............................... Fort Benning ............................................ $53,400,000

Fort McPherson ........................................ $3,500,000

Fort Stewart ............................................. $6,000,000

Hawaii ............................... Schofield Barracks ................................... $16,500,000

Kansas ................................ Fort Riley ................................................. $29,350,000

Kentucky ............................ Fort Campbell ........................................... $67,600,000

Fort Knox ................................................. $13,000,000

Louisiana ........................... Fort Polk ................................................... $4,800,000
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Army: Inside the United States—Continued

State Installation or location Total

New Mexico ........................ White Sands Missile Range ..................... $10,000,000

New York ............................ Fort Drum ................................................ $6,500,000

Texas ................................... Fort Hood ................................................. $40,900,000

Fort Sam Houston ................................... $3,100,000

Virginia .............................. Fort Eustis ............................................... $3,550,000

Washington ........................ Fort Lewis ................................................ $54,600,000

CONUS Classified ............. Classified Locations ................................. $4,600,000

Total: ................................................. $373,050,000

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 may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Total

Germany .................................. Spinellii Barracks, Mannheim .......... $8,100,000

Taylor Barracks, Mannheim .............. $9,300,000

Italy ......................................... Camp Ederle ........................................ $3,100,000

Korea ....................................... Camp Casey ......................................... $16,000,000

Camp Red Cloud ................................. $14,000,000

Overseas Classified ................. Classified Locations ............................ $64,000,000

Worldwide ............................... Host Nation Support .......................... $20,000,000

Total: ............................................ $134,500,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:
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Army: Family Housing

State Installation Purpose Total

Hawaii ............................ Schofield Barracks ......... 54 Units ........... $10,000,000

North Carolina ............... Fort Bragg ...................... 88 Units ........... $9,800,000

Texas ............................... Fort Hood ....................... 140 Units ......... $18,500,000

Total: ........ $38,300,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to

7 exceed $4,083,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in sections 2104(a)(5)(A), the

13 Secretary of the Army may improve existing military fam14 ily housing units in an amount not to exceed $109,750,000.

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1996, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Army in the total amount of $1,910,897,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2101(a),

3 $373,050,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2101(b),

6 $134,500,000.

7 (3) For unspecified minor military construction

8 projects authorized by section 2805 of title 10, United

9 States Code, $7,000,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $31,748,000.

13 (5) For military family housing functions:

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military

16 family housing and facilities, $152,133,000.

17 (B) For support of military family housing

18 (including the functions described in section

19 2833 of title 10, United States Code),

20 $1,212,466,000.

21 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

22 PROJECTS.—Notwithstanding the cost variations author23 ized by section 2853 of title 10, United States Code, and

24 any other cost variation authorized by law, the total cost

25 of all projects carried out under section 2101 of this Act
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1 may not exceed the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection (a).

3 SEC. 2105. PLAN FOR REPAIRS AND STABILIZATION OF THE

4 HISTORIC DISTRICT AT THE FOREST GLEN

5 ANNEX OF WALTER REED MEDICAL CENTER,

6 MARYLAND.

7 Not later than 30 days after the date of the enactment

8 of this Act, the Secretary of the Army shall submit to the

9 congressional defense committees a comprehensive plan for

10 basic repairs and stabilization measures throughout the his11 toric district at the Forest Glen Annex of Walter Reed Army

12 Medical Center, Maryland, together with funding options

13 for the implementation of the plan.

14 TITLE XXII—NAVY

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations

19 in section 2205(a)(1), the Secretary of the Navy may ac20 quire real property and carry out military construction

21 projects for the installations and locations inside the United

22 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ............................. Navy Detachment, Camp Navajo ................ $3,920,000

California ......................... Marine Corps Air-Ground Combat Center,

Twentynine Palms.

$4,020,000

Marine Corps Air Station, Camp Pendleton.$6,240,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Base, Camp Pendleton ......... $51,630,000

Marine Corps Recruit Depot, San Diego ... $8,150,000

Naval Air Station, North Island ................ $76,872,000

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, Commandant, Washington $19,300,000

Florida .............................. Naval Air Station, Key West ...................... $2,250,000

Hawaii .............................. 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 Training Center, Great Lakes .......... $22,900,000

Maryland .......................... Naval Air Warfare Center, Patuxent River $1,270,000

United States Naval Academy .................... $10,480,000

Mississippi ........................ Naval Station, Pascagoula .......................... $4,990,000

Stennis Space Center ................................... $7,960,000

Nevada .............................. Naval Air Station, Fallon ........................... $20,600,000

North Carolina ................. Marine Corps Air Station, Cherry Point ... $1,630,000

Marine Corps Air Station, New River ....... $17,040,000

Marine Corps Base, Camp LeJeune ........... $20,750,000

Rhode Island ..................... Naval Undersea Warfare Center ................. $8,900,000

South Carolina ................. Marine Corps Recruit Depot, Parris Island.$2,550,000

Texas ................................. Naval Station, Ingleside .............................. $16,850,000

Naval Air Station, Kingsville ..................... $1,810,000

Virginia ............................ Armed Forces Staff College, Norfolk ........... $12,900,000

Marine Corps Combat Development Command, Quantico.$14,570,000

Naval Station, Norfolk ................................. $47,920,000

Naval Surface Warfare Center, Dahlgren $8,030,000

Washington ....................... Naval Station, Everett ................................. $25,740,000

Total: ..................................................... $521,752,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2205(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 Unit6 ed States, and in the amounts, set forth in the following

7 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 .......... $7,050,000

Italy .................................. Naval Air Station, Sigonella ...................... $15,700,000

Naval Support Activity, Naples .................. $8,620,000
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Navy: Outside the United States—Continued

Country Installation or location Amount

Puerto Rico ....................... Naval Station, Roosevelt Roads .................. $23,600,000

United Kingdom .............. Joint Maritime Communications Center,

St. Mawgan.

$4,700,000

Total: ..................................................... $65,650,000

1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2205(a)(6)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation Purpose Amount

Arizona ...................... Marine Corps Air Station, Yuma.Community

Center.

$709,000

California .................. Marine Corps AirGround Combat Center, Twentynine Palms.Community

Center.

$1,982,000

Marine Corps AirGround Combat Center, Twentynine Palms.Housing Office $956,000

Marine Corps Base,

Camp Pendleton.

128 Units ......... $19,483,000

Naval Air Station,

Lemoore.

276 Units ......... $39,837,000

Navy Public Works Center, San Diego.366 Units ......... $48,719,000

Hawaii ....................... Marine Corps Air Station, Kaneohe Bay.54 Units ........... $11,676,000

Navy Public Works Center, Pearl Harbor.264 Units ......... $52,586,000

Maryland ................... Naval Air Warfare Center, Patuxent River.Community

Center.

$1,233,000

North Carolina .......... Marine Corps Base,

Camp LeJeune.

Community

Center.

$845,000

Virginia ...................... AEGIS Combat Systems

Center, Wallops Island.

20 Units ........... $2,975,000

Naval Security Group

Activity, Northwest.

Community

Center.

$741,000

Washington ................ Naval Station, Everett ... 100 Units ......... $15,015,000

Naval Submarine Base,

Bangor.

Housing Office $934,000

Total: ........ $197,691,000
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2205(a)(6)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of military family housing units in an amount

7 not to exceed $23,142,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2205(a)(6)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in an amount not to exceed $189,383,000.

15 SEC. 2204. DEFENSE ACCESS ROADS.

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2205(a)(5), the Sec18 retary of the Navy may make advances to the Secretary

19 of Transportation for the construction of defense access

20 roads under section 210 of title 23, United States Code, at

21 various locations in the amount of $300,000.

22 SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY.

23 (a) IN GENERAL.—Funds are hereby authorized to be

24 appropriated for fiscal years beginning after September 30,

25 1996, for military construction, land acquisition, and mili-
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1 tary family housing functions of the Department of the

2 Navy in the total amount of $2,054,793,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2201(a),

5 $515,952,000.

6 (2) For military construction projects outside the

7 United States authorized by section 2201(b),

8 $65,650,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $7,115,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $47,519,000.

15 (5) For advances to the Secretary of Transpor16 tation for construction of defense access roads under

17 section 210 of title 23, United States Code, $300,000.

18 (6) For military family housing functions:

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military

21 family housing and facilities, $410,216,000.

22 (B) For support of military housing (in23 cluding functions described in section 2833 of

24 title 10, United States Code), $1,014,241,000.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2201 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 (c) ADJUSTMENT.—The total amount authorized to be

9 appropriated pursuant to paragraphs (1) through (6) of

10 subsection (a) is the sum of the amounts authorized to be

11 appropriated in such paragraphs, reduced by $12,000,000,

12 which represents the combination of project savings result13 ing from favorable bids, reduced overhead costs, and can14 cellations due to force structure changes.

15 TITLE XXIII—AIR FORCE

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

17 LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2304(a)(1), the Secretary of the Air Force may

21 acquire real property and carry out military construction

22 projects for the installations and locations inside the United

23 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama .................................... Maxwell Air Force Base ...................... $7,875,000

Alaska ........................................ Eielson Air Force Base ........................ $3,900,000

Elmendorf Air Force Base ................... $21,530,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

King Salmon Air Force Base .............. $5,700,000

Arizona ...................................... Davis–Monthan Air Force Base ......... $9,920,000

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 ......................... $14,980,000

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 .......................... $19,980,000

Florida ...................................... Eglin Air Force Base ........................... $4,590,000

Eglin Auxiliary Field 9 ...................... $6,825,000

Patrick Air Force Base ........................ $10,495,000

Tyndall Air Force Base ....................... $3,600,000

Georgia ...................................... Moody Air Force Base ......................... $3,350,000

Robins Air Force Base ......................... $25,045,000

Idaho ......................................... Mountain Home Air Force Base ........ $15,945,000

Kansas ....................................... McConnell Air Force Base ................... $25,830,000

Louisiana .................................. Barksdale Air Force Base .................... $4,890,000

Maryland .................................. Andrews Air Force Base ...................... $8,140,000

Mississippi ................................ Keesler Air Force Base ........................ $14,465,000

Montana .................................... Malmstrom Air Force Base ................. $6,300,000

Nevada ....................................... Indian Springs Air Force Auxiliary

Air Field.

$4,690,000

Nellis Air Force Base ........................... $14,700,000

New Jersey ................................ McGuire Air Force Base ...................... $8,080,000

New Mexico ............................... Cannon Air Force Base ....................... $7,100,000

Kirtland Air Force Base ..................... $16,300,000

North Carolina ......................... Pope Air Force Base ............................ $5,915,000

Seymour Johnson Air 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 .................. $43,110,000

Shaw Air Force Base ........................... $14,465,000

South Dakota ............................ Ellsworth Air Force Base .................... $4,150,000

Tennessee ................................... Arnold Engineering Development

Center.

$6,781,000

Texas ......................................... Dyess Air Force Base ........................... $5,895,000

Kelly Air Force Base ........................... $3,250,000

Lackland Air Force Base ..................... $9,413,000

Sheppard Air Force Base .................... $9,400,000

Utah ........................................... Hill Air Force Base ............................. $3,690,000

Virginia ..................................... Langley Air Force Base ....................... $8,005,000

Washington ............................... Fairchild Air Force Base .................... $18,155,000

McChord Air Force Base ..................... $57,065,000

Total: ............................................. $607,334,000

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 construc-
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1 tion projects for the installations and locations outside the

2 United States, and in the amounts, set forth in the following

3 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 ................................... $10,066,000

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

Overseas Classified ................... Classified Locations ............................. $18,395,000

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

4 SEC. 2302. FAMILY HOUSING.

5 (a) CONSTRUCTION AND ACQUISITION.—Using

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2304(a)(5)(A), the Secretary of the

8 Air Force may construct or acquire family housing units

9 (including land acquisition) at the installations, for the

10 purposes, and in the amounts set forth in the following

11 table:

Air Force: Family Housing

State Installation Purpose Amount

Alaska .............................. Eielson Air Force Base 72 units ............ $21,127,000

Fire Station ..... $2,950,000

California ........................ Beale Air Force Base ..... 56 units ............ $8,893,000

Travis Air Force Base ... 70 units ............ $8,631,000

Vandenberg Air Force

Base.

112 units .......... $20,891,000

District of Columbia ...... Bolling Air Force Base 40 units ............ $5,000,000

Florida ............................ Eglin Auxiliary Field 9 1 unit ............... $249,000

MacDill Air Force Base 56 units ............ $8,822,000

Patrick Air Force Base Housing Maintenance Facility.$853,000

Housing Support & Storage Facility.$756,000

Housing Office $821,000

Louisiana ........................ Barksdale Air Force

Base.

80 units ............ $9,570,000
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Air Force: Family Housing—Continued

State Installation Purpose Amount

Massachusetts .................. Hanscom Air Force Base 32 units ............ $5,100,000

Missouri .......................... Whiteman Air Force

Base.

68 units ............ $9,600,000

Montana .......................... Malmstrom Air Force

Base.

20 units ............ $5,242,000

New Mexico ..................... Kirtland Air Force Base 87 units ............ $11,850,000

North Dakota .................. Grand Forks Air Force

Base.

66 units ............ $7,784,000

Minot Air Force Base .... 46 units ............ $8,740,000

Texas ............................... Lackland Air Force Base 50 units ............ $6,500,000

Housing Office $450,000

Housing Maintenance Facility.$350,000

Washington ..................... McChord Air Force Base 40 units ............ $5,659,000

United Kingdom ............. Lakenheath Royal Air

Force Base.

Family Housing, Phase I.$8,300,000

Total: ........ $158,138,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(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 $12,350,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(5)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $94,550,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 1996, for military construction, land acquisition, and mili6 tary family housing functions of the Department of the Air

7 Force in the total amount of $1,844,786,000 as follows:

8 (1) For military construction projects inside the

9 United States authorized by section 2301(a),

10 $607,334,000.

11 (2) For military construction projects outside the

12 United States authorized by section 2301(b),

13 $78,115,000.

14 (3) For unspecified minor construction projects

15 authorized by section 2805 of title 10, United States

16 Code, $11,328,000.

17 (4) For architectural and engineering services

18 and construction design under section 2807 of title

19 10, United States Code, $53,497,000.

20 (5) For military housing functions:

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military

23 family housing and facilities, $265,038,000.

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 $829,474,000.

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 2301 of this Act

8 may not exceed the total amount authorized to be appro9 priated under paragraphs (1) and (2) of subsection (a).

10 TITLE XXIV—DEFENSE

11 AGENCIES

12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC13 TION AND LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations

16 in section 2406(a)(1), the Secretary of Defense may acquire

17 real property and carry out military construction projects

18 for the installations and locations inside the United States,

19 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Agents and Munitions Destruction.

Pueblo Army Depot, Colorado ............. $179,000,000

Defense Finance & Accounting

Service.

Norton Air Force Base, California ..... $13,800,000

Naval Training Center, Orlando,

Florida .............................................. $2,600,000

Rock Island Arsenal, Illinois .............. $14,400,000

Loring Air Force Base, Maine ............ $6,900,000

Offutt Air Force Base, Nebraska ......... $7,000,000

Griffiss Air Force Base, New York ..... $10,200,000

Gentile Air Force Station, Ohio ......... $11,400,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Charleston, South Carolina ................. $6,200,000

Defense Intelligence Agency.

Bolling Air Force Base, District of

Columbia ........................................... $6,790,000

National Ground Intelligence Center,

Charlottesville, Virginia .................. $2,400,000

Defense Logistics Agency.

Elmendorf Air Force Base, Alaska ..... $21,000,000

Defense Distribution, San Diego,

California ......................................... $15,700,000

Naval Air Facility, El Centro, California ................................................ $5,700,000

Travis Air Force Base, California ...... $15,200,000

McConnell Air Force Base, Kansas .... $2,200,000

Barksdale Air Force Base, Louisiana $4,300,000

Andrews Air Force Base, Maryland ... $12,100,000

Naval Air Station, Fallon, Nevada .... $2,100,000

Defense Construction Supply Center,

Columbus, Ohio ................................ $600,000

Altus Air Force Base, Oklahoma ........ $3,200,000

Shaw Air Force Base, South Carolina $2,900,000

Naval Air Station, Oceana, Virginia $1,500,000

Defense Medical Facility Office.

Maxwell Air Force Base, Alabama ..... $25,000,000

Marine Corps Base, Camp Pendleton,

California ......................................... $3,300,000

Naval Air Station, Lemoore, California ..................................................... $38,000,000

Naval Air Station, Key West, Florida $15,200,000

Andrews Air Force Base, Maryland ... $15,500,000

Fort Bragg, North Carolina ................ $11,400,000

Charleston Air Force Base, South

Carolina ............................................ $1,300,000

Fort Bliss, Texas .................................. $6,600,000

Fort Hood, Texas ................................. $1,950,000

Naval Air Station, Norfolk, Virginia $1,250,000

Special Operations Command.

Naval Amphibious Base, Coronado,

California ......................................... $7,700,000

Naval Station, Ford Island, Pearl

Harbor, Hawaii ............................... $12,800,000

Fort Campbell, Kentucky .................... $4,200,000

Fort Bragg, North Carolina ................ $14,000,000

Total: ............................................. $505,390,000

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 Unit-
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1 ed States, and in the amounts, set forth in the following

2 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency.

Naval Air Station, Sigonella, Italy .... $6,100,000

Moron Air Base, Spain ....................... $12,958,000

Defense Medical Facility Office.

Administrative Support Unit, Bahrain, Bahrain ................................... $4,600,000

Total: ............................................. $23,658,000

3 SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.

4 Using amounts appropriated pursuant to the author5 ization of appropriation in section 2406(a)(15)(A), the Sec6 retary of Defense may carry out architectural and engineer7 ing services and construction design activities with respect

8 to the construction or improvement of military family hous9 ing units in an amount not to exceed $500,000.

10 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriation in section 2406(a)(15)(A), the Sec15 retary of Defense may improve existing military family

16 housing units in an amount not to exceed $3,871,000.

17 SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.

18 (a) AVAILABILITY OF FUNDS FOR CREDIT TO FAMILY

19 HOUSING IMPROVEMENT FUND.—The amount authorized to

20 be appropriated pursuant to section 2406(a)(15)(C) shall
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1 be available for crediting to the Department of Defense

2 Family Housing Improvement Fund established by section

3 2883(a)(1) of title 10, United States Code.

4 (b) AVAILABILITY OF FUNDS FOR CREDIT TO UNAC5 COMPANIED HOUSING IMPROVEMENT FUND.—The amount

6 authorized to be appropriated pursuant to section

7 2406(a)(14) shall be available for crediting to the Depart8 ment of Defense Military Unaccompanied Housing Im9 provement Fund established by section 2883(a)(2) of title

10 10, United States Code.

11 (c) USE OF FUNDS.—The Secretary of Defense may

12 use funds credited to the Department of Defense Family

13 Housing Improvement Fund under subsection (a) to carry

14 out any activities authorized by subchapter IV of chapter

15 169 of such title with respect to military family housing

16 and may use funds credited to the Department of Defense

17 Military Unaccompanied Housing Improvement Fund

18 under subsection (b) to carry out any activities authorized

19 by that subchapter with respect to military unaccompanied

20 housing.

21 SEC. 2405. ENERGY CONSERVATION PROJECTS.

22 Using amounts appropriated pursuant to the author23 ization of appropriations in section 2406(a)(12), the Sec24 retary of Defense may carry out energy conservation

25 projects under section 2865 of title 10, United States Code.
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1 SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

2 AGENCIES.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 1996, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense

7 (other than the military departments), in the total amount

8 of $3,399,166,000 as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $340,287,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2401(b),

14 $23,658,000.

15 (3) For military construction projects at Naval

16 Hospital, Portsmouth, Virginia, hospital replacement,

17 authorized by section 2401(a) of the Military Con18 struction Authorization Act for Fiscal Years 1990 and

19 1991 (division B of Public Law 101–189; 103 Stat.

20 1640), $24,000,000.

21 (4) For military construction projects at Walter

22 Reed Army Institute of Research, Maryland, hospital

23 replacement, authorized by section 2401(a) of the

24 Military Construction Authorization Act for Fiscal

25 Year 1993 (division B of Public Law 102–484; 106

26 Stat. 2599), $92,000,000.
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1 (5) For military construction projects at Fort

2 Bragg, North Carolina, hospital replacement, author3 ized by section 2401(a) of the Military Construction

4 Authorization Act for Fiscal Year 1993 (106 Stat.

5 2599), $89,000,000.

6 (6) For military construction projects at Pine

7 Bluff Arsenal, Arkansas, authorized by section

8 2401(a) of the Military Construction Authorization

9 Act for Fiscal Year 1995 (division B of the Public

10 Law 103–337; 108 Stat. 3040), $46,000,000.

11 (7) For military construction projects at

12 Umatilla Army Depot, Oregon, authorized by section

13 2401(a) of the Military Construction Authorization

14 Act for Fiscal Year 1995 (108 Stat. 3040),

15 $64,000,000.

16 (8) For military construction projects at Defense

17 Finance and Accounting Service, Columbus, Ohio,

18 authorized by section 2401(a) of the Military Con19 struction Authorization Act of Fiscal Year 1996 (divi20 sion B of Public Law 104–106; 110 Stat. 535),

21 $20,822,000.

22 (9) For contingency construction projects of the

23 Secretary of Defense under section 2804 of title 10,

24 United States Code, $9,500,000.
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1 (10) For unspecified minor construction projects

2 under section 2805 of title 10, United States Code,

3 $21,874,000.

4 (11) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $14,239,000.

7 (12) For energy conservation projects under sec8 tion 2865 of title 10, United States Code,

9 $47,765,000.

10 (13) For base closure and realignment activities

11 as authorized by the Defense Base Closure and Re12 alignment Act of 1990 (part A of title XXIX of Public

13 Law 101–510; 10 U.S.C. 2687 note), $2,507,476,000.

14 (14) For credit to the Department of Defense

15 Military Unaccompanied Housing Improvement

16 Fund as authorized by section 2404(b) of this Act,

17 $5,000,000.

18 (15) For military family housing functions:

19 (A) For improvement and planning of mili20 tary family housing and facilities, $4,371,000.

21 (B) For support of military housing (in22 cluding functions described in section 2833 of

23 title 10, United States Code), $30,963,000, of

24 which not more than $25,637,000 may be obli-
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1 gated or expended for the leasing of military

2 family housing units worldwide.

3 (C) For credit to the Department of Defense

4 Family Housing Improvement Fund as author5 ized by section 2404(a) of this Act, $20,000,000.

6 (D) For the Homeowners Assistance Pro7 gram as authorized by section 2832 of title 10,

8 United States Code, $36,181,000, to remain

9 available until expended.

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variation authorized

12 by section 2853 of title 10, United States Code, and any

13 other cost variations authorized by law, the total cost of

14 all projects carried out under section 2401 of this Act may

15 not exceed—

16 (1) the total amount authorized to be appro17 priated under paragraphs (1) and (2) of subsection

18 (a);

19 (2) $161,503,000 (the balance of the amount au20 thorized under section 2401(a) of this Act for the con21 struction of a chemical demilitarization facility at

22 Pueblo Army Depot, Colorado); and

23 (3) $1,600,000 (the balance of the amount au24 thorized under section 2401(a) of this Act for the con-
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1 struction of a replacement facility for the medical and

2 dental clinic, Key West Naval Air Station, Florida).

3 TITLE XXV—NORTH ATLANTIC

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

8 ACQUISITION PROJECTS.

9 The Secretary of Defense may make contributions for

10 the North Atlantic Treaty Organization Security Invest11 ment program as provided in section 2806 of title 10, Unit12 ed States Code, in an amount not to exceed the sum of the

13 amount authorized to be appropriated for this purpose in

14 section 2502 and the amount collected from the North At15 lantic Treaty Organization as a result of construction pre16 viously financed by the United States.

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 1996, for contribu20 tions by the Secretary of Defense under section 2806 of title

21 10, United States Code, for the share of the United States

22 of the cost of projects for the North Atlantic Treaty Security

23 Investment program as authorized by section 2501, in the

24 amount of $172,000,000.
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1 SEC. 2503. REDESIGNATION OF NORTH ATLANTIC TREATY

2 ORGANIZATION INFRASTRUCTURE PROGRAM.

3 (a) REDESIGNATION.—Subsection (b) of section 2806

4 of title 10, United States Code, is amended by striking out

5 ‘‘North Atlantic Treaty Organization Infrastructure pro6 gram’’ and inserting in lieu thereof ‘‘North Atlantic Treaty

7 Organization Security Investment program’’.

8 (b) REFERENCES.—Any reference to the North Atlan9 tic Treaty Organization Infrastructure program in any

10 Federal law, Executive order, regulation, delegation of au11 thority, or document of or pertaining to the Department

12 of Defense shall be deemed to refer to the North Atlantic

13 Treaty Organization Security Investment program.

14 (c) CLERICAL AMENDMENTS.—(1) The section heading

15 of such section is amended to read as follows:

16 ‘‘§ 2806. Contributions for North Atlantic Treaty Orga17 nizations Security Investment’’.

18 (2) The table of sections at the beginning of subchapter

19 I of chapter 169 of title 10, United States Code, is amended

20 by striking out the item relating to section 2806 and insert21 ing in lieu thereof the following:

‘‘2806. Contributions for North Atlantic Treaty Organizations Security Investment.’’.

22 (d) CONFORMING AMENDMENTS.—(1) Section

23 2861(b)(3) of title 10, United States Code, is amended by

24 striking out ‘‘North Atlantic Treaty Organization Infra-
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1 structure program’’ and inserting in lieu thereof ‘‘North At2 lantic Treaty Organization Security Investment program’’.

3 (2) Section 21(h)(1)(B) of the Arms Export Control

4 Act (22 U.S.C. 2761(h)(1)(B)) is amended by striking out

5 ‘‘North Atlantic Treaty Organization Infrastructure Pro6 gram’’ and inserting in lieu thereof ‘‘North Atlantic Treaty

7 Organization Security Investment program’’.

8 TITLE XXVI—GUARD AND

9 RESERVE FORCES FACILITIES

10 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC11 TION AND LAND ACQUISITION PROJECTS.

12 There are authorized to be appropriated for fiscal

13 years beginning after September 30, 1996, for the costs of

14 acquisition, architectural and engineering services, and

15 construction of facilities for the Guard and Reserve Forces,

16 and for contributions therefor, under chapter 1803 of title

17 10, United States Code (including the cost of acquisition

18 of land for those facilities), the following amounts:

19 (1) For the Department of the Army—

20 (A) for the Army National Guard of the

21 United States, $94,528,000: Notwithstanding

22 any other provision of this Act, none of the funds

23 authorized for construction, phase I, of a com24 bined support maintenance shop at Camp

25 Guernsey, Wyoming may be obligated until the
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1 Secretary of Defense certifies to Congress that the

2 project is in the future years defense plan; and

3 (B) for the Army Reserve, $59,174,000.

4 (2) For the Department of the Navy, for the

5 Naval and Marine Corps Reserve, $32,743,000.

6 (3) For the Department of the Air Force—

7 (A) for the Air National Guard of the Unit8 ed States, $209,884,000; and

9 (B) for the Air Force Reserve, $54,770,000.

10 SEC. 2602. FUNDING FOR CONSTRUCTION AND IMPROVE11 MENT OF RESERVE CENTERS IN THE STATE

12 OF WASHINGTON.

13 (a) FUNDING.—Notwithstanding any other provision

14 of law, of the funds appropriated under the heading ‘‘MILI15 TARY CONSTRUCTION, NAVAL RESERVE’’ in the Military

16 Construction Appropriations Act, 1995 (Public Law 103–

17 307; 108 Stat. 1661), that are available for the construction

18 of a Naval Reserve center in Seattle, Washington—

19 (1) $5,200,000 shall be available for the construc20 tion of an Army Reserve Center at Fort Lawton,

21 Washington, of which $700,000 may be used for pro22 gram and design activities relating to such construc23 tion;
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1 (2) $4,200,000 shall be available for the construc2 tion of an addition to the Naval Reserve Center in

3 Tacoma, Washington;

4 (3) $500,000 shall be available for unspecified

5 minor construction at Naval Reserve facilities in the

6 State of Washington; and

7 (4) $500,000 shall be available for planning and

8 design activities with respect to improvements at

9 Naval Reserve facilities in the State of Washington.

10 (b) MODIFICATION OF LAND CONVEYANCE AUTHOR11 ITY.—Paragraph (2) of section 127(d) of the Military Con12 struction Appropriations Act, 1995 (Public Law 103–337;

13 108 Stat. 1666), is amended to read as follows:

14 ‘‘(2) Before commencing construction of a facility to

15 be the replacement facility for the Naval Reserve Center

16 under paragraph (1), the Secretary shall comply with the

17 requirements of the National Environmental Policy Act (42

18 U.S.C. 4321 et seq.) with respect to such facility.’’.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall expire

14 on the later of—

15 (1) October 1, 1999; or

16 (2) the date of the enactment of an Act authoriz17 ing funds for military construction for fiscal year

18 2000.

19 (b) EXCEPTION.—Subsection (a) shall not apply to au20 thorizations for military construction projects, land acqui21 sition, family housing projects and facilities, and contribu22 tions to the North Atlantic Treaty Organization Security

23 Investment program (and authorizations of appropriations

24 therefor), for which appropriated funds have been obligated

25 before the later of—
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1 (1) October 1, 1999; or

2 (2) the date of the enactment of an Act authoriz3 ing funds for fiscal year 2000 for military construc4 tion projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1994 PROJECTS.

10 (a) EXTENSIONS.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal Year

12 1994 (division B of Public Law 103–160; 107 Stat. 1880),

13 authorizations for the projects set forth in the tables in sub14 section (b), as provided in section 2101, 2102, 2201, 2301,

15 or 2601 of that Act, shall remain in effect until October

16 1, 1997, or the date of the enactment of an Act authorizing

17 funds for military construction for fiscal year 1998, which18 ever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 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
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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

Air Force: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alaska .............................. Eielson Air Force Base Upgrade Water

Treatment

Plant.

$3,750,000

Elmendorf Air Force

Base.

Corrosion Control Facility.$5,975,000

California ........................ Beale Air Force Base ..... Educational

Center.

$3,150,000

Florida ............................ Tyndall Air Force Base Base Supply

Logistics

Center.

$2,600,000

Mississippi ...................... Keesler Air Force Base Upgrade Student Dormitory.$4,500,000

North Carolina ............... Pope Air Force Base ...... Add To and

Alter Dormitories.

$4,300,000

Virginia ........................... Langley Air Force Base Fire Station ..... $3,850,000

Army National Guard: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alabama .......................... Birmingham ................... Aviation Support Facility.$4,907,000

Arizona ............................ Marana ........................... Organization

Maintenance

Shop.

$553,000

Marana ........................... Dormitory/Dining Facility.$2,919,000

California ........................ Fresno .............................. Organization

Maintenance

Shop Modification.

$905,000

Van Nuys ........................ Armory Addition.$6,518,000
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Army National Guard: Extension of 1994 Project Authorizations—

Continued

State Installation or Location Project Amount

New Mexico ..................... White Sands Missile

Range.

Organization

Maintenance

Shop.

$2,940,000

White Sands Missile

Range.

Tactical Site .... $1,995,000

White Sands Missile

Range.

Mobilization

and Training

Equipment

Site.

$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 Year

5 1993 (division B of Public Law 102–484; 106 Stat. 2602),

6 authorizations for the projects set forth in the tables in sub7 section (b), as provided in section 2101, 2301, or 2601 of

8 that Act and extended by section 2702 of the Military Con9 struction Authorization Act for Fiscal Year 1996 (division

10 B of Public Law 104–106; 110 Stat. 541), shall remain in

11 effect until October 1, 1997, or the date of the enactment

12 of an Act authorizing funds for military construction for

13 fiscal year 1998, whichever is later.

14 (b) TABLES.—The tables referred to in subsection (a)

15 are as follows:
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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 ...... $950,000

Army National Guard: Extension of 1993 Project Authorizations

State Installation or location Project Amount

Alabama .......................... Tuscaloosa ....................... Armory ............. $2,273,000

Union Springs ................ Armory ............. $813,000

1 SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1992 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal Year

5 1992 (division B of Public Law 102–190; 105 Stat. 1535),

6 authorizations for the projects set forth in the table in sub7 section (b), as provided in section 2101 of that Act and ex8 tended by section 2702(a) of the Military Construction Au9 thorization Act for Fiscal Year 1995 (division B of Public

10 Law 103–337; 108 Stat. 3047) and section 2703(a) of the

11 Military Construction Authorization Act for Fiscal Year

12 1996 (division B of Public Law 104–106; 110 Stat. 543),

13 shall remain in effect until October 1, 1997, or the date

14 of the enactment of an Act authorizing funds for military

15 construction for fiscal year 1998, whichever is later.
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1 (b) TABLE.—The table referred to in subsection (a) is

2 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

3 SEC. 2705. PROHIBITION ON USE OF FUNDS FOR CERTAIN

4 PROJECTS.

5 (a) PROHIBITION.—Notwithstanding any other provi6 sion of this Act, no funds authorized to be appropriated

7 by this Act may be obligated or expended for the military

8 construction project listed under subsection (b) until the

9 Secretary of Defense certifies to Congress that the project

10 is included in the current future-years defense program.

11 (b) COVERED PROJECT.—Subsection (a) applies to the

12 following military construction project:

13 (1) Phase II, Construction, Consolidated Edu14 cation Center, Fort Campbell, Kentucky.

15 (2) Phase III, Construction, Western Kentucky

16 Training Site.

17 SEC. 2706. EFFECTIVE DATE.

18 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

19 take effect on the later of—

20 (1) October 1, 1996; or
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1 (2) the date of the enactment of this Act.

2 TITLE XXVIII—GENERAL

3 PROVISIONS

4 Subtitle A—Military Construction

5 Program and Military Family

6 Housing Changes

7 SEC. 2801. INCREASE IN CERTAIN THRESHOLDS FOR UN8 SPECIFIED MINOR CONSTRUCTION

9 PROJECTS.

10 (a) O&M FUNDING FOR PROJECTS.—Section

11 2805(c)(1)(B) of title 10, United States Code, is amended

12 by striking out ‘‘$300,000’’ and inserting in lieu thereof

13 ‘‘$500,000’’.

14 (b) O&M FUNDING FOR RESERVE COMPONENT FACILI15 TIES.—Subsection (b) of section 18233a of such title is

16 amended by striking out ‘‘$300,000’’ and inserting in lieu

17 thereof ‘‘$500,000’’.

18 (c) NOTIFICATION FOR EXPENDITURES AND CON19 TRIBUTIONS FOR RESERVE COMPONENT FACILITIES.—Sub20 section (a)(1) of such section 18233a is amended by striking

21 out ‘‘$400,000’’ and inserting in lieu thereof ‘‘$1,500,000’’.

22 SEC. 2802. CLARIFICATION OF AUTHORITY TO IMPROVE

23 MILITARY FAMILY HOUSING.

24 (a) EXCLUSION OF MINOR MAINTENANCE AND RE25 PAIR.—Subsection (a)(2) of section 2825 of title 10, United
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1 States Code, is amended by inserting ‘‘(other than day-to2 day maintenance or repair work)’’ after ‘‘work’’.

3 (b) APPLICABILITY OF LIMITATION ON FUNDS FOR IM4 PROVEMENTS.—Subsection (b)(2) of such section is amend5 ed—

6 (1) by striking out ‘‘the cost of repairs’’ and all

7 that follows through ‘‘in connection with’’ and insert8 ing in lieu thereof ‘‘of the unit or units concerned the

9 cost of maintenance or repairs undertaken in connec10 tion with the improvement of the unit or units and

11 any cost (other than the cost of activities undertaken

12 beyond a distance of five feet from the unit or units)

13 in connection with’’; and

14 (2) by inserting ‘‘, drives,’’ after ‘‘roads’’.

15 SEC. 2803. AUTHORITY TO GRANT EASEMENTS FOR RIGHTS16 OF-WAY.

17 (a) EASEMENTS FOR ELECTRIC POLES AND LINES AND

18 FOR COMMUNICATIONS LINES AND FACILITIES.—Section

19 2668(a) of title 10, United States Code, is amended—

20 (1) by striking out ‘‘and’’ at the end of para21 graph (9);

22 (2) by redesignating paragraph (10) as para23 graph (13); and

24 (3) by inserting after paragraph (9) the follow25 ing new paragraphs:
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1 ‘‘(10) poles and lines for the transmission or dis2 tribution of electric power;

3 ‘‘(11) poles and lines for the transmission or dis4 tribution of communications signals (including tele5 phone and telegraph signals);

6 ‘‘(12) structures and facilities for the trans7 mission, reception, and relay of such signals; and’’.

8 (b) CONFORMING AMENDMENTS.—Such section is fur9 ther amended—

10 (1) in paragraph (3), by striking out ‘‘, tele11 phone lines, and telegraph lines,’’; and

12 (2) in paragraph (13), as redesignated by sub13 section (a)(2), by striking out ‘‘or by the Act of March

14 4, 1911 (43 U.S.C. 961)’’.

15 Subtitle B—Defense Base Closure

16 and Realignment

17 SEC. 2811. RESTORATION OF AUTHORITY UNDER 1988 BASE

18 CLOSURE LAW TO TRANSFER PROPERTY AND

19 FACILITIES TO OTHER ENTITIES IN THE DE20 PARTMENT OF DEFENSE.

21 (a) RESTORATION OF AUTHORITY.—Section 204(b)(2)

22 of the Defense Authorization Amendments and Base Closure

23 and Realignment Act (Public Law 100–526; 10 U.S.C.

24 2687 note) is amended—
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1 (1) by redesignating subparagraphs (D) and (E)

2 as subparagraphs (E) and (F), respectively; and

3 (2) by inserting after subparagraph (C) the fol4 lowing new subparagraph (D):

5 ‘‘(D) The Secretary may transfer real property or fa6 cilities located at a military installation to be closed or re7 aligned under this title, with or without reimbursement, to

8 a military department or other entity (including a non9 appropriated fund instrumentality) within the Department

10 of Defense or the Coast Guard.’’.

11 (b) RATIFICATION OF TRANSFERS—Any transfer by

12 the Secretary of Defense of real property or facilities at a

13 military installation closed or realigned under title II of

14 the Defense Authorization Amendments and Base Closure

15 and Realignment Act (Public Law 100–526; 10 U.S.C.

16 2687 note) to a military department or other entity of the

17 Department of Defense or the Coast Guard during the pe18 riod beginning on November 30, 1993, and ending on the

19 date of the enactment of this Act is hereby ratified.

20 SEC. 2812. AGREEMENTS FOR SERVICES AT INSTALLATIONS

21 AFTER CLOSURE.

22 (a) 1988 LAW.—Section 204(b)(8)(A) of the Defense

23 Authorization Amendments and Base Closure and Realign24 ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is

25 amended by inserting ‘‘, or at facilities not yet transferred
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1 or otherwise disposed of in the case of installations closed

2 under this title,’’ after ‘‘under this title’’.

3 (b) 1990 LAW.—Section 2905(b)(8)(A) of the Defense

4 Base Closure and Realignment Act of 1990 (part A of title

5 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

6 amended by inserting ‘‘, or at facilities not yet transferred

7 or otherwise disposed of in the case of installations closed

8 under this part,’’ after ‘‘under this part’’.

9 Subtitle C—Land Conveyances

10 SEC. 2821. TRANSFER OF LANDS, ARLINGTON NATIONAL

11 CEMETERY, ARLINGTON, VIRGINIA.

12 (a) REQUIREMENT FOR SECRETARY OF INTERIOR TO

13 TRANSFER CERTAIN SECTION 29 LANDS.—(1) Subject to

14 paragraph (2), the Secretary of the Interior shall transfer

15 to the Secretary of the Army administrative jurisdiction

16 over the following lands located in section 29 of the National

17 Park System at Arlington National Cemetery, Virginia:

18 (A) The lands known as the Arlington National

19 Cemetery Interment Zone.

20 (B) All lands in the Robert E. Lee Memorial

21 Preservation Zone, other than those lands in the Pres22 ervation Zone that the Secretary of the Interior deter23 mines must be retained because of the historical sig24 nificance of such lands or for the maintenance of

25 nearby lands or facilities.
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1 (2)(A) The Secretary of the Interior may not make the

2 transfer referred to in paragraph (1)(B) until 60 days after

3 the date on which the Secretary submits to the Committee

4 on Armed Services of the Senate and the Committee on Na5 tional Security of the House of Representatives—

6 (i) a summary of the document entitled ‘‘Cul7 tural Landscape and Archaeological Study, Section

8 29, Arlington House, The Robert E. Lee Memorial’’;

9 (ii) a summary of any environmental analysis

10 required with respect to the transfer under the Na11 tional Environmental Policy Act of 1969 (42 U.S.C.

12 4321 et seq.); and

13 (iii) the proposal of the Secretary and the Sec14 retary of the Army setting forth the lands to be trans15 ferred and the general manner in which the Secretary

16 of the Army will develop such lands after transfer.

17 (B) The Secretary of the Interior shall submit the in18 formation required under subparagraph (A) not later than

19 October 31, 1997.

20 (3) The transfer of lands under paragraph (1) shall

21 be carried out in accordance with the Interagency Agree22 ment Between the Department of the Interior, the National

23 Park Service, and the Department of the Army, Dated Feb24 ruary 22, 1995.
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1 (4) The exact acreage and legal descriptions of the

2 lands to be transferred under paragraph (1) shall be deter3 mined by surveys satisfactory to the Secretary of the Inte4 rior and the Secretary of the Army.

5 (b) REQUIREMENT FOR ADDITIONAL TRANSFERS.—(1)

6 The Secretary of the Interior shall transfer to the Secretary

7 of the Army administrative jurisdiction over a parcel of

8 land, including any improvements thereon, consisting of

9 approximately 2.43 acres, located in the Memorial Drive

10 entrance area to Arlington National Cemetery.

11 (2)(A) The Secretary of the Army shall transfer to the

12 Secretary of the Interior administrative jurisdiction over

13 a parcel of land, including any improvements thereon, con14 sisting of approximately 0.17 acres, located at Arlington

15 National Cemetery, and known as the Old Administrative

16 Building site. The site is part of the original reservation

17 of Arlington National Cemetery.

18 (B) In connection with the transfer under subpara19 graph (A), the Secretary of the Army shall grant to the Sec20 retary of the Interior a perpetual right of ingress and egress

21 to the parcel transferred under that subparagraph.

22 (3) The exact acreage and legal descriptions of the

23 lands to be transferred pursuant to this subsection shall be

24 determined by surveys satisfactory to the Secretary of the
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1 Interior and the Secretary of the Army. The costs of such

2 surveys shall be borne by the Secretary of the Army.

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

4 COLUMBIA.

5 (a) TRANSFER REQUIRED.—Subject to subsection (b),

6 the Secretary of the Navy shall transfer, without consider7 ation other than the reimbursement provided for in sub8 section (d), to the United States Institute of Peace (in this

9 section referred to as the ‘‘Institute’’) administrative juris10 diction over a parcel of real property, including any im11 provements thereon, consisting of approximately 3 acres, at

12 the northwest corner of Twenty-third Street and Constitu13 tion Avenue, Northwest, District of Columbia, the site of

14 the Potomac Annex.

15 (b) CONDITION.—The Secretary may not make the

16 transfer specified in subsection (a) unless the Institute

17 agrees to provide the Navy a number of parking spaces at

18 or in the vicinity of the headquarters to be constructed on

19 the parcel transferred equal to the number of parking spaces

20 available to the Navy on the parcel as of the date of the

21 transfer.

22 (c) REQUIREMENT RELATING TO TRANSFER.—The

23 transfer specified in subsection (a) may not occur until the

24 Institute obtains all permits, approvals, and site plan re-
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1 views required by law with respect to the construction on

2 the parcel of a headquarters for operations of the Institute.

3 (d) COSTS.—The Institute shall reimburse the Sec4 retary for the costs incurred by the Secretary in carrying

5 out the transfer specified in subsection (a).

6 (e) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the property to be transferred under

8 subsection (a) shall be determined by a survey that is satis9 factory to the Secretary. The cost of the survey shall be borne

10 by the Institute.

11 SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER,

12 MONTPELIER, VERMONT.

13 (a) CONVEYANCE AUTHORIZED.—Subject to subsection

14 (b), the Secretary of the Army may convey, without consid15 eration, to the City of Montpelier, Vermont (in this section

16 referred to as the ‘‘City’’), all right, title, and interest of

17 the United States in and to a parcel of real property, in18 cluding improvements thereon, consisting of approximately

19 4.3 acres and located on Route 2 in Montpelier, Vermont,

20 the site of the Army Reserve Center, Montpelier, Vermont.

21 (b) REQUIREMENT FOR FEDERAL SCREENING OF

22 PROPERTY.—The Secretary may not carry out the convey23 ance of property authorized by subsection (a) unless the Sec24 retary determines that no department or agency of the Fed25 eral Government will accept the transfer of the property.
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1 (c) CONDITION.—The conveyance authorized under

2 subsection (a) shall be subject to the condition that the City

3 agree to lease to the Civil Air Patrol, at no rental charge

4 to the Civil Air Patrol, the portion of the real property and

5 improvements located on the parcel to be conveyed that the

6 Civil Air Patrol leases from the Secretary as of the date

7 of the enactment of this Act.

8 (d) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary. The cost of the survey shall be borne

12 by the City.

13 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under this section as the

16 Secretary considers appropriate to protect the interests of

17 the United States.

18 SEC. 2824. LAND CONVEYANCE, FORMER NAVAL RESERVE

19 FACILITY, LEWES, DELAWARE.

20 (a) CONVEYANCE AUTHORIZED.—Subject to subsection

21 (b), the Secretary of the Navy may convey, without consid22 eration, to the State of Delaware (in this section referred

23 to as the ‘‘State’’), all right, title, and interest of the United

24 States in and to a parcel of real property, including any

25 improvements thereon, consisting of approximately 16.8
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1 acres at the site of the former Naval Reserve Facility,

2 Lewes, Delaware.

3 (b) REQUIREMENT FOR FEDERAL SCREENING OF

4 PROPERTY.—The Secretary may not carry out the convey5 ance of property authorized by subsection (a) unless the Sec6 retary determines that no department or agency of the Fed7 eral Government will accept the transfer of the property.

8 (c) CONDITION OF CONVEYANCE.—The conveyance

9 under subsection (a) shall be subject to the condition that

10 the State use the real property conveyed under that sub11 section in perpetuity solely for public park or recreational

12 purposes.

13 (d) REVERSION.—If the Secretary of the Interior deter14 mines at any time that the real property conveyed pursuant

15 to this section is not being used for a purpose specified in

16 subsection (b), all right, title, and interest in and to such

17 real property, including any improvements thereon, shall

18 revert to the United States and the United States shall have

19 the right of immediate entry thereon.

20 (e) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the real property to be conveyed

22 pursuant to this section shall be determined by a survey

23 satisfactory to the Secretary of the Navy. The cost of such

24 survey shall be borne by the State.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary of the Navy may require such additional terms and

3 conditions in connection with the conveyance under this

4 section as the Secretary considers appropriate to protect the

5 interests of the United States.

6 SEC. 2825. LAND CONVEYANCE, RADAR BOMB SCORING

7 SITE, BELLE FOURCHE, SOUTH DAKOTA.

8 (a) CONVEYANCE AUTHORIZED.—Subject to subsection

9 (b), the Secretary of the Air Force may convey, without con10 sideration, to the Belle Fourche School District, Belle Four11 che, South Dakota (in this section referred to as the ‘‘Dis12 trict’’), all right, title, and interest of the United States in

13 and to a parcel of real property, together with any improve14 ments thereon, consisting of approximately 37 acres located

15 in Belle Fourche, South Dakota, which has served as the

16 location of a support complex and housing facilities for De17 tachment 21 of the 554th Range Squadron, an Air Force

18 radar bomb scoring site. The conveyance may not include

19 any portion of the radar bomb scoring site located in the

20 State of Wyoming.

21 (b) REQUIREMENT FOR FEDERAL SCREENING OF

22 PROPERTY.—The Secretary may not carry out the convey23 ance of property authorized by subsection (a) unless the Sec24 retary determines that no department or agency of the Fed25 eral Government will accept the transfer of the property.
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1 (c) CONDITION OF CONVEYANCE.—The conveyance au2 thorized under subsection (a) shall be subject to the condi3 tion that the District—

4 (1) use the property and facilities conveyed

5 under that subsection for education, economic develop6 ment, or housing purposes; or

7 (2) enter into an agreement with an appropriate

8 public or private entity to sell or lease the property

9 and facilities to such entity for such purposes.

10 (d) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the property conveyed under this

12 section shall be determined by a survey satisfactory to the

13 Secretary. The cost of the survey shall be borne by the Dis14 trict.

15 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the conveyance under this section as the

18 Secretary considers appropriate to protect the interests of

19 the United States.

20 SEC. 2826. CONVEYANCE OF PRIMATE RESEARCH COMPLEX,

21 HOLLOMAN AIR FORCE BASE, NEW MEXICO.

22 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

23 any provision of the Federal Property and Administrative

24 Services Act of 1949 (40 U.S.C. 471 et seq.), or any regula25 tions prescribed thereunder, the Secretary of the Air Force
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1 may convey all right, title, and interest of the United States

2 in and to the primate research complex at Holloman Air

3 Force Base, New Mexico. The conveyance shall include the

4 colony of chimpanzees owned by the Air Force that are

5 housed at or managed from the primate research complex.

6 The conveyance may not include the real property on which

7 the primate research complex is located.

8 (b) COMPETITIVE PROCEDURES REQUIRED.—The Sec9 retary shall use competitive procedures in selecting the per10 son or entity to which to make the conveyance authorized

11 by subsection (a).

12 (c) STANDARDS TO BE USED IN SOLICITATION OF

13 BIDS.—The Secretary shall develop standards for the care

14 and use of the primate research complex, and of chim15 panzees, to be used in soliciting bids for the conveyance au16 thorized by subsection (a). The Secretary shall develop such

17 standards in consultation with the Secretary of Agriculture

18 and the Director of the National Institutes of Health.

19 (d) CONDITIONS OF CONVEYANCE.—The conveyance

20 authorized by subsection (a) shall be subject to the

21 followings conditions:

22 (1) That the recipient of the primate research

23 complex—
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1 (A) utilize any chimpanzees included in the

2 conveyance only for scientific research or medical

3 research purposes; or

4 (B) retire and provide adequate care for

5 such chimpanzees.

6 (2) That the recipient of the primate research

7 complex assume from the Secretary any leases at the

8 primate research complex that are in effect at the

9 time of the conveyance.

10 (e) DESCRIPTION OF COMPLEX.—The exact legal de11 scription of the primate research complex to be conveyed

12 under subsection (a) shall be determined by a survey or

13 other means satisfactory to the Secretary. The cost of any

14 survey or other services performed at the direction of the

15 Secretary under the authority in the preceding sentence

16 shall be borne by the recipient of the primate research com17 plex.

18 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under subsection (a) as

21 the Secretary considers appropriate to protect the interests

22 of the United States.
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1 SEC. 2827. DEMONSTRATION PROJECT FOR INSTALLATION

2 AND OPERATION OF ELECTRIC POWER DIS3 TRIBUTION SYSTEM AT YOUNGSTOWN AIR RE4 SERVE STATION, OHIO.

5 (a) AUTHORITY.—The Secretary of the Air Force may

6 carry out a demonstration project to assess the feasibility

7 and advisability of permitting private entities to install,

8 operate, and maintain electric power distribution systems

9 at military installations. The Secretary shall carry out the

10 demonstration project through an agreement under sub11 section (b).

12 (b) AGREEMENT.—(1) In order to carry out the dem13 onstration project, the Secretary shall enter into an agree14 ment with an electric utility or other company in the

15 Youngstown, Ohio, area under which the utility or com16 pany, as the case may be, installs, operates, and maintains

17 (in a manner satisfactory to the Secretary and the utility

18 or company) an electric power distribution system at

19 Youngstown Air Reserve Station, Ohio.

20 (2) The Secretary may not enter into an agreement

21 under this subsection until—

22 (A) the Secretary submits to the congressional

23 defense committees a report on the agreement to be en24 tered into, including the costs to be incurred by the

25 United States under the agreement; and
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1 (B) a period of 21 days has elapsed from the

2 date of the receipt of the report by the committees.

3 (c) LICENSES AND EASEMENTS.—In order to facilitate

4 the installation, operation, and maintenance of the electric

5 power distribution system under the agreement under sub6 section (b), the Secretary may grant the utility or company

7 with which the Secretary enters into the agreement such li8 censes, easements, and rights-of-way as the Secretary and

9 the utility or company, as the case may be, jointly deter10 mine necessary for such purposes.

11 (d) OWNERSHIP OF SYSTEM.—The agreement between

12 the Secretary and the utility or company under subsection

13 (b) may provide that the utility or company, as the case

14 may be, shall own the electric power distribution system

15 installed under the agreement.

16 (e) RATES.—The rates charged by the utility or com17 pany for providing and distributing electric power at

18 Youngstown Air Reserve Station through the electric power

19 distribution system installed under the agreement under

20 subsection (b) may not include the costs, including the am21 ortization of any costs, incurred by the utility or company,

22 as the case may be, in installing the system.

23 (f) REPORTS.—Not later than February 1, 1997, and

24 February 1 of each year following a year in which the Sec25 retary carries out the demonstration project under this sec-
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1 tion, the Secretary shall submit to the congressional defense

2 committees a report on the project. The report shall include

3 the Secretary’s current assessment of the project and the rec4 ommendations, if any, of the Secretary of extending the au5 thority with respect to the project to other facilities and in6 stallations of the Department of Defense.

7 (g) FUNDING.—In order to pay the costs of the United

8 States under the agreement under subsection (b), the Sec9 retary may use funds authorized to be appropriated by sec10 tion 2601(3)(B) of the Military Construction Authorization

11 Act for Fiscal Year 1996 (division B of Public Law 104–

12 106; 110 Stat. 540) for the purpose of rebuilding the electric

13 power distribution system at the Youngstown Air Reserve

14 Station that were appropriated for that purpose by the

15 Military Construction Appropriations Act, 1996 (Public

16 Law 104–32; 109 Stat. 283) and that remain available for

17 obligation for that purpose as of the date of the enactment

18 of this Act.

19 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in the agreement under subsection (b) as the Secretary con22 siders appropriate to protect the interests of the United

23 States.
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1 SEC. 2828. TRANSFER OF JURISDICTION AND LAND CON2 VEYANCE, FORT SILL, OKLAHOMA.

3 (a) TRANSFER OF LAND FOR NATIONAL CEMETERY.—

4 (1) TRANSFER AUTHORIZED.—The Secretary of

5 the Army may transfer, without reimbursement, to

6 the administrative jurisdiction of the Secretary of

7 Veterans Affairs a parcel of real property (including

8 any improvements thereon) consisting of approxi9 mately 400 acres and comprising a portion of Fort

10 Sill, Oklahoma.

11 (2) USE OF LAND.—The Secretary of Veterans

12 Affairs shall use the real property transferred under

13 paragraph (1) as a national cemetery under chapter

14 24 of title 38, United States Code.

15 (3) RETURN OF UNUSED LAND.—If the Secretary

16 of Veterans Affairs determines that any portion of the

17 real property transferred under paragraph (1) is not

18 needed for use as a national cemetery, the Secretary

19 of Veterans Affairs shall return such portion to the

20 administrative jurisdiction of the Secretary of the

21 Army.

22 (b) LEGAL DESCRIPTION.—The exact acreage and legal

23 description of the real property to be transferred or con24 veyed under this section shall be determined by surveys that

25 are satisfactory to the Secretary of the Army. The cost of
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1 such surveys shall be borne by the recipient of the real prop2 erty.

3 SEC. 2829. RENOVATION OF THE PENTAGON RESERVATION.

4 The Secretary of Defense shall take such action as is

5 necessary to reduce the total cost of the renovation of the

6 Pentagon Reservation to not more than $1,118,000,000.

7 SEC. 2830. LAND CONVEYANCE, WILLIAM LANGER JEWEL

8 BEARING PLANT, ROLLA, NORTH DAKOTA.

9 (a) AUTHORITY TO CONVEY.—The Administrator of

10 General Services may convey, without consideration, to the

11 Job Development Authority of the City of Rolla, North Da12 kota (in this section referred to as the ‘‘Authority’’), all

13 right, title, and interest of the United States in and to a

14 parcel of real property, with improvements thereon and all

15 associated personal property, consisting of approximately

16 9.77 acres and comprising the William Langer Jewel Bear17 ing Plant in Rolla, North Dakota.

18 (b) CONDITION OF CONVEYANCE.—The conveyance au19 thorized under subsection (a) shall be subject to the condi20 tion that the Authority—

21 (1) use the real and personal property and im22 provements conveyed under that subsection for eco23 nomic development relating to the jewel bearing

24 plant;
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1 (2) enter into an agreement with an appropriate

2 public or private entity or person to lease such prop3 erty and improvements to that entity or person for

4 such economic development; or

5 (3) enter into an agreement with an appropriate

6 public or private entity or person to sell such prop7 erty and improvements to that entity or person for

8 such economic development.

9 (c) PREFERENCE FOR DOMESTIC DISPOSAL OF JEWEL

10 BEARINGS.—(1) In offering to enter into agreements pursu11 ant to any provision of law for the disposal of jewel bear12 ings from the National Defense Stockpile, the President

13 shall give a right of first refusal on all such offers to the

14 Authority or to the appropriate public or private entity or

15 person with which the Authority enters into an agreement

16 under subsection (b).

17 (2) For the purposes of this section, the term ‘‘National

18 Defense Stockpile’’ means the stockpile provided for in sec19 tion 4 of the Strategic and Critical Materials Stock Piling

20 Act (50 U.S.C. 98(c)).

21 (d) AVAILABILITY OF FUNDS FOR MAINTENANCE AND

22 CONVEYANCE OF PLANT.—Notwithstanding any other pro23 vision of law, funds available in fiscal year 1995 for the

24 maintenance of the William Langer Jewel Bearing Plant

25 in Public Law 103–335 shall be available for the mainte-
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1 nance of that plant in fiscal year 1996, pending convey2 ance, and for the conveyance of that plant under this sec3 tion.

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the property conveyed under this

6 section shall be determined by a survey satisfactory to the

7 Administrator. The cost of the survey shall be borne by the

8 Administrator.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Ad10 ministrator may require such additional terms and condi11 tions in connection with the conveyance under this section

12 as the Administrator determines appropriate to protect the

13 interests of the United States.

14 SEC. 2831. REAFFIRMATION OF LAND CONVEYANCES, FORT

15 SHERIDAN, ILLINOIS.

16 As soon as practicable after the date of the enactment

17 of this Act, the Secretary of the Army shall complete the

18 land conveyances involving Fort Sheridan, Illinois, re19 quired or authorized under section 125 of the Military Con20 struction Appropriations Act, 1996 (Public Law 104–32;

21 109 Stat. 290).
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1 SEC. 2832. LAND CONVEYANCE, CRAFTS BROTHERS RE2 SERVE TRAINING CENTER, MANCHESTER,

3 NEW HAMPSHIRE.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

5 Army may convey, without consideration, to Saint Anselm

6 College, Manchester, New Hampshire, all right, title, and

7 interest of the United States in and to a parcel of real prop8 erty, including improvements thereon, consisting of ap9 proximately 3.5 acres and located on Rockland Avenue in

10 Manchester, New Hampshire, the site of the Crafts Brothers

11 Reserve Training Center.

12 (b) REQUIREMENT RELATING TO CONVEYANCE.—The

13 Secretary may not make the conveyance authorized by sub14 section (a) until the Army Reserve units currently housed

15 at the Crafts Brothers Reserve Training Center are relo16 cated to the Joint Service Reserve Center to be constructed

17 at the Manchester Airport, New Hampshire.

18 (c) REQUIREMENT FOR FEDERAL SCREENING OF

19 PROPERTY.—The Secretary may not carry out the convey20 ance of property authorized by subsection (a) unless the Sec21 retary determines that no department or agency of the Fed22 eral Government will accept the transfer of the property.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis26 factory to the Secretary.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under this section as the

4 Secretary considers appropriate to protect the interests of

5 the United States.

6 SEC. 2833. LAND TRANSFER, VERNON RANGER DISTRICT,

7 KISATCHIE NATIONAL FOREST, LOUISIANA.

8 (a) TRANSFER PURSUANT TO ADMINISTRATIVE

9 AGREEMENT.—(1) Not later than six months after the date

10 of the enactment of this Act, the Secretary of the Army and

11 the Secretary of Agriculture shall enter into an agreement

12 providing for the transfer to the Secretary of the Army of

13 administrative jurisdiction over such portion of land cur14 rently owned by the United States within the Vernon Rang15 er District of the Kisatchie National Forest, Louisiana, as

16 the Secretary of the Army and the Secretary of Agriculture

17 jointly determine appropriate for military training activi18 ties in connection with Fort Polk, Louisiana. The agree19 ment shall allocate responsibility for land management and

20 conservation activities with respect to the property trans21 ferred between the Secretary of the Army and the Secretary

22 of Agriculture.

23 (2) The Secretary of the Army and the Secretary of

24 Agriculture may jointly extend the deadline for entering
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1 into an agreement under paragraph (1). The deadline may

2 be extended by not more than six months.

3 (b) ALTERNATIVE TRANSFER REQUIREMENT.—If the

4 Secretary of the Army and the Secretary of Agriculture fail

5 to enter into the agreement referred to paragraph (1) of sub6 section (a) within the time provided for in that subsection,

7 the Secretary of Agriculture shall, at the end of such time,

8 transfer to the Secretary of the Army administrative juris9 diction over property consisting of approximately 84,825

10 acres of land currently owned by the United States and lo11 cated in the Vernon Ranger District of the Kisatchie Na12 tional Forest, Louisiana, as generally depicted on the map

13 entitled ‘‘Fort Polk Military Installation map’’, dated June

14 1995.

15 (c) LIMITATION ON ACQUISITION OF PRIVATE PROP16 ERTY.—The Secretary of the Army may acquire privately17 owned land within the property transferred under this sec18 tion only with the consent of the owner of the land.

19 (d) USE OF PROPERTY.—(1) Subject to paragraph (2),

20 the Secretary of the Army shall use the property transferred

21 under this section for military maneuvers, training and

22 weapons firing, and other military activities in connection

23 with Fort Polk, Louisiana.

24 (2) The Secretary may not permit the firing of live

25 ammunition on or over any portion of the property unless
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1 the firing of such ammunition on or over such portion is

2 permitted as of the date of the enactment of this Act.

3 (e) MAP AND LEGAL DESCRIPTION.—(1) As soon as

4 practicable after the date of the transfer of property under

5 this section, the Secretary of Agriculture shall—

6 (A) publish in the Federal Register a notice con7 taining the legal description of the property trans8 ferred; and

9 (B) file a map and the legal description of the

10 property with the Committee on Energy and Natural

11 Resources, the Committee on Agriculture, Nutrition,

12 and Forestry, and the Committee on Armed Services

13 of the Senate and the Committee on Resources, the

14 Committee on Agriculture, and the Committee on Na15 tional Security of the House of Representatives.

16 (2) The maps and legal descriptions prepared under

17 paragraph (1) shall have the same force and effect as if in18 cluded in this subsection, except that the Secretary of Agri19 culture may correct clerical and typographical errors in the

20 maps and legal descriptions.

21 (3) As soon as practicable after the date of the enact22 ment of this Act, copies of the maps and legal descriptions

23 prepared under paragraph (1) shall be available for public

24 inspection in the following offices:

25 (A) The Office of the Secretary of Agriculture.
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1 (B) Such offices of the United States Forest

2 Service as the Secretary of Agriculture shall des3 ignate.

4 (C) The Office of the Commander of Fort Polk,

5 Louisiana.

6 (D) The appropriate office in the Vernon Parish

7 Court House, Louisiana.

8 (f) MANAGEMENT OF PROPERTY.—(1) If the transfer

9 of property under this section occurs under subsection (a),

10 the Secretary of the Army and the Secretary of Agriculture

11 shall manage the property in accordance with the agree12 ment entered into under that subsection.

13 (2)(A) If the transfer of property under this section

14 occurs under subsection (b), the Secretary of the Army and

15 the Secretary of Agriculture shall manage the property in

16 accordance with the management plan under subparagraph

17 (B) and the memorandum of understanding under subpara18 graph (C).

19 (B)(i) For purposes of managing the property under

20 this paragraph, the Secretary of the Army shall, with the

21 concurrence of the Secretary of Agriculture, develop a plan

22 for the management of the property not later than two years

23 after the transfer of the property. The Secretary of the Army

24 shall provide for a period of public comment in developing

25 the plan in order to ensure that the concerns of local citizens
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1 are taken into account in the development of the plan. The

2 Secretary of the Army may utilize the property pending

3 the completion of the plan.

4 (ii) The Secretary of the Army shall develop and im5 plement the plan in compliance with applicable Federal

6 law, including the provisions of the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

8 (iii) The plan shall provide for the management of the

9 natural, cultural, and other resources of the property, in10 cluding grazing, the management of wildlife and wildlife

11 habitat, recreational uses (including hunting and fishing),

12 and non-public uses of non-Federal lands within the prop13 erty.

14 (C)(i) For purposes of managing the property under

15 this paragraph, the Secretary of the Army and the Sec16 retary of Agriculture shall enter into a memorandum of un17 derstanding in order to provide for—

18 (I) the implementation of the management plan

19 developed under subparagraph (B); and

20 (II) the management by the Secretary of Agri21 culture of such areas of the property as the Secretary

22 of the Army and the Secretary of Agriculture des23 ignate for use for non-military purposes.
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1 (ii) The Secretary of the Army and the Secretary of

2 Agriculture may amend the memorandum of understanding

3 by mutual agreement.

4 (g) REVERSION.—If at any time after the transfer of

5 property under this section the Secretary of the Army deter6 mines that the property, or any portion thereof, is no longer

7 to be retained by the Army for possible use for military

8 purposes, jurisdiction over the property, or such portion

9 thereof, shall revert to the Secretary of Agriculture who shall

10 manage the property, or portion thereof, as part of the

11 Kisatchie National Forest.

12 (h) IDENTIFICATION OF LAND FOR TRANSFER TO FOR13 EST SERVICE.—The Secretary of Defense shall seek to iden14 tify land equal in acreage to the land transferred under

15 this section and under the jurisdiction of the Department

16 of Defense that is suitable for transfer to the Secretary of

17 Agriculture for use by the Forest Service.

18 SEC. 2834. LAND CONVEYANCE, AIR FORCE PLANT NO. 85,

19 COLUMBUS, OHIO.

20 (a) CONVEYANCE AUTHORIZED.—(1) Notwithstanding

21 any other provision of law, the Secretary of the Air Force

22 may instruct the Administrator of General Services to con23 vey, without consideration, to the Columbus Municipal Air24 port Authority (in this section referred to as the ‘‘Author25 ity’’) all right, title, and interest of the United States in
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1 and to a parcel of real property, together with improve2 ments thereon, at Air Force Plant No. 85, Columbus, Ohio,

3 consisting of approximately 240 acres that contains the

4 land and buildings referred to as the ‘‘airport parcel’’ in

5 the correspondence from the General Services Administra6 tion to the Authority dated April 30, 1996, and is located

7 adjacent to the Port Columbus International Airport.

8 (2) If the Secretary does not have administrative juris9 diction over the parcel on the date of the enactment of this

10 Act, the conveyance shall be made by the Federal official

11 who has administrative jurisdiction over the parcel as of

12 that date.

13 (b) REQUIREMENT FOR FEDERAL SCREENING.—The

14 Federal official may not carry out the conveyance of prop15 erty authorized in subsection (a) unless the Federal official

16 determines, in consultation with the Administrator of Gen17 eral Services, that no department or agency of the Federal

18 Government will accept the transfer of the property.

19 (c) CONDITION OF CONVEYANCE.—The conveyance re20 quired under subsection (a) shall be subject to the condition

21 that the Authority use the conveyed property for public air22 port purposes.

23 (d) REVERSION.—If the Federal official making the

24 conveyance under subsection (a) determines that any por25 tion of the conveyed property is not being utilized in accord-
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1 ance with subsection (c), all right, title, and interest in and

2 to such portion shall revert to the United States and the

3 United States shall have immediate right of entry thereon.

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the real property to be conveyed

6 under subsection (a) shall be determined by a survey satis7 factory to the Federal official making the conveyance. The

8 cost of the survey shall be borne by the Authority.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Fed10 eral official making the conveyance of property under sub11 section (a) may require such additional terms and condi12 tions in connection with the conveyance as such official con13 siders appropriate to protect the interests of the United

14 States.

15 SEC. 2835. LAND CONVEYANCE, PINE BLUFF ARSENAL, AR16 KANSAS.

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

18 Army may convey, without consideration, to the Economic

19 Development Alliance of Jefferson County, Arkansas (in

20 this section referred to as the ‘‘Alliance’’), all right, title,

21 and interest of the United States in and to a parcel of real

22 property, together with any improvements thereon, consist23 ing of approximately 1,500 acres and comprising a portion

24 of the Pine Bluff Arsenal, Arkansas.
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1 (b) REQUIREMENTS RELATING TO CONVEYANCE.—The

2 Secretary may not carry out the conveyance of property

3 authorized under subsection (a) until—

4 (1) the completion by the Secretary of any envi5 ronmental restoration and remediation that is re6 quired with the respect to the property under applica7 ble law;

8 (2) the Secretary secures all permits required

9 under law applicable regarding the conduct of the

10 proposed chemical demilitarization mission at the ar11 senal; and

12 (3) the Secretary of Defense submits to the Com13 mittee on Armed Services of the Senate and the Com14 mittee on National Security of the House of Rep15 resentatives a certification that the conveyance will

16 not adversely affect the ability of the Department of

17 Defense to conduct that chemical demilitarization

18 mission.

19 (c) CONDITIONS OF CONVEYANCE.—The conveyance

20 authorized under subsection (a) shall be subject to the fol21 lowing conditions:

22 (1) That the Alliance agree not to carry out any

23 activities on the property to be conveyed that interfere

24 with the construction, operation, and decommission25 ing of the chemical demilitarization facility to be con-
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1 structed at Pine Bluff Arsenal. If the Alliance fails to

2 comply with its agreement in paragraph (1) the prop3 erty conveyed under this section, all rights, title, and

4 interest in and to the property shall revert to the

5 United States and the United States shall have imme6 diate rights of entry thereon.

7 (2) That the property be used during the 25-year

8 period beginning on the date of the conveyance only

9 as the site of the facility known as the ‘‘Bioplex’’, and

10 for activities related thereto.

11 (d) COSTS OF CONVEYANCE.—The Alliance shall be re12 sponsible for any costs of the Army associated with the con13 veyance of property under this section, including adminis14 trative costs, the costs of an environmental baseline survey

15 with respect to the property, and the cost of any protection

16 services required by the Secretary in order to secure oper17 ations of the chemical demilitarization facility from activi18 ties on the property after the conveyance.

19 (e) REVERSIONARY INTERESTS.—If the Secretary de20 termines at any time during the 25-year period referred

21 to in subsection (c)(2) that the property conveyed under this

22 section is not being used in accordance with that subsection,

23 all right, title, and interest in and to the property shall

24 revert to the United States and the United States shall have

25 immediate right of entry thereon.
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1 (f) SALE OF PROPERTY BY ALLIANCE.—If at any time

2 during the 25-year period referred to in subsection (c)(2)

3 the Alliance sells all or a portion of the property conveyed

4 under this section, the Alliance shall pay the United States

5 an amount equal to the lesser of—

6 (1) the amount of the sale of the property sold;

7 or

8 (2) the fair market value of the property sold at

9 the time of the sale, excluding the value of any im10 provements to the property sold that have been made

11 by the Alliance.

12 (g) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the property conveyed under this

14 section shall be determined by a survey satisfactory to the

15 Secretary. The cost of the survey shall be borne by the Alli16 ance.

17 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions

19 in connection with conveyance under this section as the Sec20 retary considers appropriate to protect the interests of the

21 United States.
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1 SEC. 2836. MODIFICATION OF BOUNDARIES OF WHITE

2 SANDS NATIONAL MONUMENT AND WHITE

3 SANDS MISSILE RANGE.

4 (a) PURPOSE.—The purpose of this section is to effect

5 an exchange between the Secretary of the Interior and the

6 Secretary of the Army of administrative jurisdiction over

7 the lands described in subsection (c) in order to facilitate

8 administration of the White Sands National Monument

9 and the White Sands Missile Range.

10 (b) DEFINITIONS.—In this section:

11 (1) MISSILE RANGE.—The term ‘‘missile range’’

12 means the White Sands Missile Range, New Mexico,

13 administered by the Secretary of the Army.

14 (2) MONUMENT.—The term ‘‘monument’’ means

15 the White Sands National Monument, New Mexico,

16 established by Proclamation No. 2025 (16 U.S.C. 431

17 note) and administered by the Secretary of the Inte18 rior.

19 (c) EXCHANGE OF JURISDICTION.—The lands ex20 changed under this Act are the lands generally depicted on

21 the map entitled ‘‘White Sands National Monument,

22 Boundary Proposal’’, numbered 142/80,061 and dated Jan23 uary 1994, comprising—

24 (1) approximately 2,524 acres of land within the

25 monument that is under the jurisdiction of the Sec-
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1 retary of the Army, which are transferred to the Sec2 retary of the Interior;

3 (2) approximately 5,758 acres of land within the

4 missile range abutting the monument, which are

5 transferred to the Secretary of the Interior; and

6 (3) approximately 4,277 acres of land within the

7 monument abutting the missile range, which are

8 transferred to the Secretary of the Army.

9 (d) BOUNDARY MODIFICATION.—The boundary of the

10 monument is modified to include the land transferred to

11 the Secretary of the Interior and exclude the land trans12 ferred to the Secretary of the Army by subsection (c). The

13 boundary of the missile range is modified accordingly.

14 (e) ADMINISTRATION.—

15 (1) MONUMENT.—The Secretary of the Interior

16 shall administer the lands transferred to the Secretary

17 of the Interior by subsection (c) in accordance with

18 laws (including regulations) applicable to the monu19 ment.

20 (2) MISSILE RANGE.—The Secretary of the Army

21 shall administer the lands transferred to the Secretary

22 of the Army by subsection (c) as part of the missile

23 range.

24 (3) AIRSPACE.—The Secretary of the Army shall

25 maintain control of the airspace above the lands
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1 transferred to the Secretary of the Army by subsection

2 (c) as part of the missile range.

3 (f) PUBLIC AVAILABILITY OF MAP.—The Secretary of

4 the Interior and the Secretary of the Army shall prepare,

5 and the Secretary of the Interior shall keep on file for public

6 inspection in the headquarters of the monument, a map

7 showing the boundary of the monument as modified by this

8 Act.

9 (g) WAIVER OF LIMITATION UNDER PRIOR LAW.—

10 Notwithstanding section 303(b)(1) of the National Parks

11 and Recreation Act of 1978 (92 Stat. 3476), land or an

12 interest in land that was deleted from the monument by

13 section 301(19) of the Act (92 Stat. 3475) may be exchanged

14 for land owned by the State of New Mexico within the

15 boundaries of any unit of the National Park System in the

16 State of New Mexico, may be transferred to the jurisdiction

17 of any other Federal agency without monetary consider18 ation, or may be administered as public land, as the Sec19 retary considers appropriate.

20 SEC. 2837. BANDELIER NATIONAL MONUMENT.

21 (a) FINDINGS AND PURPOSE.—

22 (1) FINDINGS.—Congress finds that—

23 (A) under the provisions of a special use

24 permit, sewage lagoons for Bandelier National

25 Monument, established by Proclamation No.
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1 1322 (16 U.S.C. 431 note) (referred to in this

2 section as the ‘‘monument’’) are located on land

3 administered by the Secretary of Energy that is

4 adjacent to the monument; and

5 (B) modification of the boundary of the

6 monument to include the land on which the sew7 age lagoons are situated—

8 (i) would facilitate administration of

9 both the monument and the adjacent land

10 that would remain under the administrative

11 jurisdiction of the Secretary of Energy; and

12 (ii) can be accomplished at no cost.

13 (2) PURPOSE.—The purpose of this section is to

14 modify the boundary between the monument and ad15 jacent Department of Energy land to facilitate man16 agement of the monument and Department of Energy

17 land.

18 (b) BOUNDARY MODIFICATION.—

19 (1) TRANSFER OF ADMINISTRATIVE JURISDIC20 TION.—There is transferred from the Secretary of En21 ergy to the Secretary of the Interior administrative

22 jurisdiction over the land comprising approximately

23 4.47 acres depicted on the map entitled ‘‘Boundary

24 Map, Bandelier National Monument’’, No. 315/

25 80,051, dated March 1995.
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1 (2) BOUNDARY MODIFICATION.—The boundary of

2 the monument is modified to include the land trans3 ferred by paragraph (1).

4 (3) PUBLIC AVAILABILITY OF MAP.—The map de5 scribed in paragraph (1) shall be on file and avail6 able for public inspection in the Lands Office at the

7 Southwest System Support Office of the National

8 Park Service, Santa Fe, New Mexico, and in the Su9 perintendent’s Office of Bandelier National Monu10 ment.

11 DIVISION C—DEPARTMENT OF

12 ENERGY NATIONAL SECURITY

13 AUTHORIZATIONS AND

14 OTHER AUTHORIZATIONS

15 TITLE XXXI—DEPARTMENT OF

16 ENERGY NATIONAL SECURITY

17 PROGRAMS

18 Subtitle A—National Security

19 Programs Authorizations

20 SEC. 3101. WEAPONS ACTIVITIES.

21 (a) STOCKPILE STEWARDSHIP.—Funds are hereby au22 thorized to be appropriated to the Department of Energy

23 for fiscal year 1997 for stockpile stewardship in carrying

24 out weapons activities necessary for national security pro-
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1 grams in the amount of $1,636,767,000, to be allocated as

2 follows:

3 (1) For core stockpile stewardship,

4 $1,200,907,000, to be allocated as follows:

5 (A) For operation and maintenance,

6 $1,112,570,000.

7 (B) For plant projects (including mainte8 nance, restoration, planning, construction, ac9 quisition, modification of facilities, and the con10 tinuation of projects authorized in prior years,

11 and land acquisition related thereto),

12 $88,337,000, to be allocated as follows:

13 Project 96–D–102, stockpile steward14 ship facilities revitalization, Phase VI, var15 ious locations, $19,250,000.

16 Project 96–D–103, ATLAS, Los Ala17 mos National Laboratory, Los Alamos, New

18 Mexico, $15,100,000.

19 Project 96–D–104, processing and en20 vironmental technology laboratory (PETL),

21 Sandia National Laboratories, Albuquerque,

22 New Mexico, $14,100,000.

23 Project 96–D–105, contained firing fa24 cility addition, Lawrence Livermore Na-
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1 tional Laboratory, Livermore, California,

2 $17,100,000.

3 Project 95–D–102, Chemical and Met4 allurgy Research Building upgrades project,

5 Los Alamos National Laboratory, Los Ala6 mos, New Mexico, $15,000,000.

7 Project 94–D–102, nuclear weapons re8 search, development, and testing facilities

9 revitalization, Phase V, various locations,

10 $7,787,000.

11 (2) For inertial fusion, $366,460,000, to be allo12 cated as follows:

13 (A) For operation and maintenance,

14 $234,560,000.

15 (B) For the following plant project (includ16 ing maintenance, restoration, planning, con17 struction, acquisition, and modification of facili18 ties, and land acquisition related thereto):

19 Project 96–D–111, national ignition

20 facility, location to be determined,

21 $131,900,000.

22 (3) For technology transfer and education,

23 $69,400,000.

24 (b) STOCKPILE MANAGEMENT.—Funds are hereby au25 thorized to be appropriated to the Department of Energy
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1 for fiscal year 1997 for stockpile management in carrying

2 out weapons activities necessary for national security pro3 grams in the amount of $1,988,831,000, to be allocated as

4 follows:

5 (1) For operation and maintenance,

6 $1,894,470,000.

7 (2) For plant projects (including maintenance,

8 restoration, planning, construction, acquisition, modi9 fication of facilities, and the continuation of projects

10 authorized in prior years, and land acquisition relat11 ed thereto), $94,361,000, to be allocated as follows:

12 Project 97–D–121, consolidated pit packag13 ing system, Pantex Plant, Amarillo, Texas,

14 $870,000.

15 Project 97–D–122, nuclear materials stor16 age facility renovation, Los Alamos National

17 Laboratory, Los Alamos, New Mexico,

18 $4,000,000.

19 Project 97–D–123, structural upgrades,

20 Kansas City Plant, Kansas City, Missouri,

21 $1,400,000.

22 Project 97–D–124, steam plant waste water

23 treatment facility upgrade, Y–12 plant, Oak

24 Ridge, Tennessee, $600,000.
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1 Project 96–D–122, sewage treatment quality

2 upgrade (STQU), Pantex Plant, Amarillo,

3 Texas, $100,000.

4 Project 96–D–123, retrofit heating, ventila5 tion, and air conditioning and chillers for ozone

6 protection, Y–12 plant, Oak Ridge, Tennessee,

7 $7,000,000.

8 Project 96–D–125, Washington measure9 ments operations facility, Andrews Air Force

10 Base, Camp Springs, Maryland, $3,825,000.

11 Project 95–D–122, sanitary sewer upgrade,

12 Y–12 plant, Oak Ridge, Tennessee, $10,900,000.

13 Project 94–D–124, hydrogen fluoride supply

14 system, Y–12 plant, Oak Ridge, Tennessee,

15 $4,900,000.

16 Project 94–D–125, upgrade life safety, Kan17 sas City Plant, Kansas City, Missouri,

18 $5,200,000.

19 Project 94–D–127, emergency notification

20 system, Pantex Plant, Amarillo, Texas,

21 $2,200,000.

22 Project 93–D–122, life safety upgrades, Y–

23 12 plant, Oak Ridge, Tennessee, $7,200,000.

24 Project 93–D–123, non-nuclear reconfigura25 tion, complex-21, various locations, $14,487,000.
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1 Project 88–D–122, facilities capability as2 surance program, various locations, $21,940,000.

3 Project 88–D–123, security enhancement,

4 Pantex Plant, Amarillo, Texas, $9,739,000.

5 (c) PROGRAM DIRECTION.—Funds are hereby author6 ized to be appropriated to the Department of Energy for

7 fiscal year 1997 for program direction in carrying out

8 weapons activities necessary for national security programs

9 in the amount of $323,404,000.

10 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT.

12 (a) ENVIRONMENTAL RESTORATION.—Subject to sub13 section (j), funds are hereby authorized to be appropriated

14 to the Department of Energy for fiscal year 1997 for envi15 ronmental restoration in carrying out environmental res16 toration and waste management activities necessary for na17 tional security programs in the amount of $1,777,194,000.

18 (b) WASTE MANAGEMENT.—Subject to subsection (j),

19 funds are hereby authorized to be appropriated to the De20 partment of Energy for fiscal year 1997 for waste manage21 ment in carrying out environmental restoration and waste

22 management activities necessary for national security pro23 grams in the amount of $1,601,653,000, to be allocated as

24 follows:
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1 (1) For operation and maintenance,

2 $1,513,326,000.

3 (2) For plant projects (including maintenance,

4 restoration, planning, construction, acquisition, modi5 fication of facilities, and the continuation of projects

6 authorized in prior years, and land acquisition relat7 ed thereto), $88,327,000, to be allocated as follows:

8 Project 97–D–402, tank restoration and safe

9 operations, Richland, Washington, $7,584,000.

10 Project 96–D–408, waste management up11 grades, various locations, $11,246,000.

12 Project 95–D–402, install permanent elec13 trical service, Waste Isolation Pilot Plant, Carls14 bad, New Mexico, $752,000.

15 Project 95–D–405, industrial landfill V and

16 construction/demolition landfill VII, Phase III,

17 Y–12 Plant, Oak Ridge, Tennessee, $200,000.

18 Project 94–D–404, Melton Valley storage

19 tank capacity increase, Oak Ridge National Lab20 oratory, Oak Ridge, Tennessee, $6,345,000.

21 Project 94–D–407, initial tank retrieval

22 systems, Richland, Washington, $12,600,000.

23 Project 93–D–182, replacement of cross-site

24 transfer system, Richland, Washington,

25 $8,100,000.
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1 Project 93–D–187, high-level waste removal

2 from filled waste tanks, Savannah River Site,

3 South Carolina, $20,000,000.

4 Project 89–D–174, replacement high-level

5 waste evaporator, Savannah River Site, Aiken,

6 South Carolina, $11,500,000.

7 Project 86–D–103, decontamination and

8 waste treatment facility, Lawrence Livermore

9 National Laboratory, Livermore, California,

10 $10,000,000.

11 (c) TECHNOLOGY DEVELOPMENT.—Subject to sub12 section (j), funds are hereby authorized to be appropriated

13 to the Department of Energy for fiscal year 1997 for tech14 nology development in carrying out environmental restora15 tion and waste management activities necessary for na16 tional security programs in the amount of $328,771,000.

17 (d) NUCLEAR MATERIALS AND FACILITIES STABILIZA18 TION.—Subject to subsection (j), funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1997 for nuclear materials and facilities sta21 bilization in carrying out environmental restoration and

22 waste management activities necessary for national security

23 programs in the amount of $994,821,000, to be allocated

24 as follows:
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1 (1) For operation and maintenance,

2 $909,664,000.

3 (2) For plant projects (including maintenance,

4 restoration, planning, construction, acquisition, modi5 fication of facilities, and the continuation of projects

6 authorized in prior years, and land acquisition relat7 ed thereto), $85,157,000, to be allocated as follows:

8 Project 97–D–450, actinide packaging and

9 storage facility, Savannah River Site, Aiken,

10 South Carolina, $7,900,000.

11 Project 97–D–451, B–plant safety class ven12 tilation upgrades, Richland, Washington,

13 $1,500,000.

14 Project 96–D–406, spent nuclear fuels can15 ister storage and stabilization facility, Richland,

16 Washington, $60,672,000.

17 Project 96–D–464, electrical and utility sys18 tems upgrade, Idaho Chemical Processing Plant,

19 Idaho National Engineering Laboratory, Idaho,

20 $10,440,000.

21 Project 95–D–456, security facilities up22 grade, Idaho Chemical Processing Plant, Idaho

23 National Engineering Laboratory, Idaho,

24 $4,645,000.
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1 (e) POLICY AND MANAGEMENT.—Subject to subsection

2 (j), funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 1997 policy and man4 agement activities (including development and direction of

5 policy, training and education, and management) in carry6 ing out environmental restoration and waste management

7 activities necessary for national security programs in the

8 amount of $26,155,000.

9 (f) SITE OPERATIONS.—Subject to subsection (j), funds

10 are hereby authorized to be appropriated to the Department

11 of Energy for fiscal year 1997 for site operations in carry12 ing out environmental restoration and waste management

13 activities necessary for national security programs in the

14 amount of $363,469,000, to be allocated as follows:

15 (1) For operation and maintenance,

16 $331,054,000.

17 (2) For plant projects (including maintenance,

18 restoration, planning, construction, acquisition, modi19 fication of facilities, and the continuation of projects

20 authorized in prior years, and land acquisition relat21 ed thereto), $32,415,000, to be allocated as follows:

22 Project 96–D–461, electrical distribution

23 upgrade, Idaho National Engineering Labora24 tory, Idaho, $6,790,000.
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1 Project 96–D–470, environmental monitor2 ing laboratory, Savannah River Site, Aiken,

3 South Carolina, $2,500,000.

4 Project 96–D–471, chlorofluorocarbon heat5 ing, ventilation, and air conditioning and chiller

6 retrofit, Savannah River Site, Aiken, South

7 Carolina, $8,541,000.

8 Project 96–D–473, health physics site sup9 port facility, Savannah River Site, Aiken, South

10 Carolina, $2,000,000.

11 Project 95–E–600, hazardous materials

12 management and emergency response training

13 center, Richland, Washington, $7,900,000.

14 Project 95–D–155, upgrade site road infra15 structure, Savannah River, South Carolina,

16 $4,137,000.

17 Project 94–D–401, emergency response facil18 ity, Idaho National Engineering Laboratory,

19 Idaho, $547,000.

20 (g) ENVIRONMENTAL SCIENCE AND RISK POLICY.—

21 Subject to subsection (j), funds are hereby authorized to be

22 appropriated to the Department of Energy for fiscal year

23 1997 for environmental science and risk policy activities

24 in carrying out environmental restoration and waste man-
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1 agement activities necessary for national security programs

2 in the amount of $52,136,000.

3 (h) ENVIRONMENTAL MANAGEMENT PRIVATIZATION.—

4 Subject to subsection (j), funds are hereby authorized to be

5 appropriated to the Department of Energy for fiscal year

6 1997 for environmental management privatization activi7 ties in carrying out environmental restoration and waste

8 management necessary for national security programs in

9 the amount of $185,000,000.

10 (i) PROGRAM DIRECTION.—Subject to subsection (j),

11 funds are hereby authorized to be appropriated to the De12 partment of Energy for fiscal year 1997 for program direc13 tion in carrying out environmental restoration and waste

14 management activities necessary for national security pro15 grams in the amount of $436,511,000.

16 (j) ADJUSTMENTS.—The total amount authorized to be

17 appropriated pursuant to this section is the sum of the

18 amounts authorized to be appropriated in subsections (a)

19 through (i) reduced by the sum of—

20 (1) $150,400,000, for use of prior year balances;

21 and

22 (2) $8,000,000, for Savannah River Pension Re23 fund.
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1 SEC. 3103. OTHER DEFENSE ACTIVITIES.

2 Funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 1997 for other defense

4 activities in carrying out programs necessary for national

5 security in the amount of $1,560,700,000, to be allocated

6 as follows:

7 (1) For verification and control technology,

8 $456,348,000, to be allocated as follows:

9 (A) For nonproliferation and verification

10 research and development, $204,919,000.

11 (B) For arms control, $216,244,000.

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 environment, safety, and health, defense,

17 $53,094,000.

18 (5) For program direction, environment, safety,

19 and health, defense, $10,706,000.

20 (6) For worker and community transition assist21 ance, $62,659,000.

22 (7) For program direction, worker and commu23 nity transition assistance, $4,341,000.

24 (8) For fissile materials $93,796,000, to be allo25 cated as follows:
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HR 3230 EAS

1 (A) For control and disposition,

2 $73,163,000.

3 (B) For the following plant project (includ4 ing maintenance, restoration, planning, con5 struction, acquisition, and modification of facili6 ties, and land acquisition related thereto):

7 Project 97–D–140, consolidated special

8 nuclear materials storage plant, location to

9 be determined, $17,000,000.

10 (C) For program direction, $3,633,000.

11 (9) For emergency management, $16,794,000.

12 (10) For program direction, nonproliferation

13 and national security, $90,622,000.

14 (11) For naval reactors development,

15 $681,932,000, to be allocated as follows:

16 (A) For operation and infrastructure,

17 $649,330,000.

18 (B) For plant projects (including mainte19 nance, restoration, planning, construction, ac20 quisition, modification of facilities, and the con21 tinuation of projects authorized in prior years,

22 and land acquisition related thereto),

23 $13,700,000, to be allocated as follows:

24 Project 97–D–201, advanced test reac25 tor secondary coolant system upgrades
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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 reac7 tor radioactive waste system upgrades,

8 Idaho National Engineering Laboratory,

9 Idaho, $500,000.

10 Project 90–N–102, expended core facil11 ity dry cell project, Naval Reactors Facility,

12 Idaho, $8,000,000.

13 (C) For program direction, $18,902,000.

14 (12) For international nuclear safety,

15 $15,200,000.

16 (13) For nuclear security, $6,000,000.

17 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

18 Funds are hereby authorized to be appropriated to the

19 Department of Energy for fiscal year 1996 for payment to

20 the Nuclear Waste Fund established in section 302(c) of the

21 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

22 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 sub5 mits to the congressional defense committees the report re6 ferred to in subsection (b) and a period of 30 days has

7 elapsed after the date on which such committees receive the

8 report, the Secretary may not use amounts appropriated

9 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 requested

16 of, Congress.

17 (b) REPORT.—(1) The report referred to in subsection

18 (a) is a report containing a full and complete statement

19 of the action proposed to be taken and the facts and cir20 cumstances relied upon in support of such proposed action.

21 (2) In the computation of the 30-day period under sub22 section (a), there shall be excluded any day on which either

23 House of Congress is not in session because of an adjourn24 ment 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 the

3 total amount authorized to be appropriated by this title.

4 (2) Funds appropriated pursuant to this title may not

5 be used for an item for which Congress has specifically de6 nied funds.

7 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

8 (a) IN GENERAL.—The Secretary of Energy may carry

9 out any construction project under the general plant

10 projects authorized by this title if the total estimated cost

11 of the construction project does not exceed $5,000,000.

12 (b) REPORT TO CONGRESS.—If, at any time during

13 the construction of any general plant project authorized by

14 this title, the estimated cost of the project is revised because

15 of unforeseen cost variations and the revised cost of the

16 project exceeds $5,000,000, the Secretary shall immediately

17 furnish a complete report to the congressional defense com18 mittees explaining the reasons for the cost variation.

19 (c) STUDY ON PERMANENT AUTHORIZATION FOR GEN20 ERAL PLANT PROJECTS.—Not later than February 1, 1997,

21 the Secretary of Energy shall report to the appropriate con22 gressional committees on the need for, and desirability of,

23 a permanent authorization formula for defense and civilian

24 general plant projects in the Department of Energy that

25 includes periodic adjustments for inflation, including any
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1 legislative recommendations to enact such formula into per2 manent law. The report of the Secretary shall describe ac3 tions that would be taken by the Department to provide for

4 cost control of general plant projects, taking into account

5 the size and nature of such projects.

6 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

7 (a) IN GENERAL.—(1) Except as provided in para8 graph (2), construction on a construction project may not

9 be started or additional obligations incurred in connection

10 with the project above the total estimated cost, whenever the

11 current estimated cost of the construction project, which is

12 authorized by section 3101, 3102, or 3103, or which is in

13 support of national security programs of the Department

14 of Energy and was authorized by any previous Act, exceeds

15 by more than 25 percent the higher of—

16 (A) the amount authorized for the project; or

17 (B) the amount of the total estimated cost for the

18 project as shown in the most recent budget justifica19 tion data submitted to Congress.

20 (2) An action described in paragraph (1) may be taken

21 if—

22 (A) the Secretary of Energy has submitted to the

23 congressional defense committees a report on the ac24 tions and the circumstances making such action nec25 essary; and
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1 (B) a period of 30 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (3) In the computation of the 30-day period under

5 paragraph (2), there shall be excluded any day on which

6 either House of Congress is not in session because of an

7 adjournment of more than 3 days to a day certain.

8 (b) EXCEPTION.—Subsection (a) shall not apply to

9 any construction project which has a current estimated cost

10 of less than $5,000,000.

11 SEC. 3124. FUND TRANSFER AUTHORITY.

12 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

13 Secretary of Energy may transfer funds authorized to be

14 appropriated to the Department of Energy pursuant to this

15 title to other Federal agencies for the performance of work

16 for which the funds were authorized. Funds so transferred

17 may be merged with and be available for the same purposes

18 and for the same period as the authorizations of the Federal

19 agency to which the amounts are transferred.

20 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

21 LIMITATIONS.—(1) Subject to paragraph (2), the Secretary

22 of Energy may transfer funds authorized to be appropriated

23 to the Department of Energy pursuant to this title between

24 any such authorizations. Amounts of authorizations so

25 transferred may be merged with and be available for the
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1 same purposes and for the same period as the authorization

2 to which the amounts are transferred.

3 (2) Not more than five percent of any such authoriza4 tion may be transferred between authorizations under para5 graph (1). No such authorization may be increased or de6 creased by more than five percent by a transfer under such

7 paragraph.

8 (3) The authority provided by this section to transfer

9 authorizations—

10 (A) may only be used to provide funds for items

11 relating to weapons activities necessary for national

12 security programs that have a higher priority than

13 the items from which the funds are transferred; and

14 (B) may not be used to provide authority for an

15 item that has been denied funds by Congress.

16 (c) NOTICE TO CONGRESS.—The Secretary of Energy

17 shall promptly notify the Committee on Armed Services of

18 the Senate and the Committee on National Security of the

19 House of Representatives of any transfer of funds to or from

20 authorizations under this title.

21 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC22 TION DESIGN.

23 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

24 Subject to paragraph (2) and except as provided in para25 graph (3), before submitting to Congress a request for funds
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1 for a construction project that is in support of a national

2 security program of the Department of Energy, the Sec3 retary of Energy shall complete a conceptual design for that

4 project. The Secretary shall submit to Congress a report on

5 each conceptual design completed under this paragraph.

6 (2) If the estimated cost of completing a conceptual

7 design for a construction project exceeds $3,000,000, the

8 Secretary shall submit to Congress a request for funds for

9 the conceptual design before submitting a request for funds

10 for the construction project.

11 (3) The requirement in paragraph (1) does not apply

12 to a request for funds—

13 (A) for a construction project the total estimated

14 cost of which is less than $5,000,000; or

15 (B) for emergency planning, design, and con16 struction activities under section 3126.

17 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

18 Within the amounts authorized by this title, the Secretary

19 of Energy may carry out construction design (including ar20 chitectural and engineering services) in connection with

21 any proposed construction project if the total estimated cost

22 for such design does not exceed $600,000.

23 (2) If the total estimated cost for construction design

24 in connection with any construction project exceeds
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1 $600,000, funds for such design must be specifically author2 ized by law.

3 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE4 SIGN, AND CONSTRUCTION ACTIVITIES.

5 (a) AUTHORITY.—The Secretary of Energy may use

6 any funds available to the Department of Energy pursuant

7 to an authorization in this title, including those funds au8 thorized to be appropriated for advance planning and con9 struction design under sections 3101, 3102, and 3103, to

10 perform planning, design, and construction activities for

11 any Department of Energy national security program con12 struction project that, as determined by the Secretary, must

13 proceed expeditiously in order to protect public health and

14 safety, to meet the needs of national defense, or to protect

15 property.

16 (b) LIMITATION.—The Secretary may not exercise the

17 authority under subsection (a) in the case of any construc18 tion project until the Secretary has submitted to the con19 gressional defense committees a report on the activities that

20 the Secretary intends to carry out under this section and

21 the circumstances making such activities necessary.

22 (c) SPECIFIC AUTHORITY.—The requirement of section

23 3125(b)(2) does not apply to emergency planning, design,

24 and construction activities conducted under this section.
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1 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriations Acts and

5 section 3121, amounts appropriated pursuant to this title

6 for management and support activities and for general

7 plant projects are available for use, when necessary, in con8 nection with all national security programs of the Depart9 ment of Energy.

10 SEC. 3128. AVAILABILITY OF FUNDS.

11 When so specified in an appropriations Act, amounts

12 appropriated for operation and maintenance or for plant

13 projects may remain available until expended.

14 Subtitle C—Program Authoriza15 tions, Restrictions, and Limita16 tions

17 SEC. 3131. TRITIUM PRODUCTION.

18 (a) ACCELERATION OF TRITIUM PRODUCTION.—(1)

19 The Secretary of Energy shall, during fiscal year 1997,

20 make a final decision on the technologies to be utilized, and

21 the accelerated schedule to be adopted, for tritium produc22 tion in order to meet the requirements of the Nuclear Weap23 ons Stockpile Memorandum relating to tritium production,

24 including the new tritium production date of 2005 specified

25 in the Nuclear Weapons Stockpile Memorandum.
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1 (2) In making the final decision, the Secretary shall

2 take into account the following:

3 (A) The requirements for tritium production

4 specified in the Nuclear Weapons Stockpile Memoran5 dum, including, in particular, the requirements for

6 the ‘‘upload hedge’’ component of the nuclear weapons

7 stockpile.

8 (B) The ongoing activities of the Department re9 lating to the evaluation and demonstration of tech10 nologies under the accelerator reactor program and

11 the commercial light water reactor program.

12 (b) REPORT.—(1) Not later than April 15, 1997, the

13 Secretary shall submit to the Congress a report that sets

14 forth the final decision of the Secretary under subsection

15 (a)(1). The report shall set forth in detail—

16 (A) the technologies decided on under that sub17 section; and

18 (B) the accelerated schedule for the production of

19 tritium decided on under that subsection.

20 (2) If the Secretary determines that it is not possible

21 to make the final decision by the date specified in para22 graph (1), the Secretary shall submit to Congress on that

23 date a report that explains in detail why the final decision

24 cannot be made by that date.
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1 (c) NEW TRITIUM PRODUCTION FACILITY.—The Sec2 retary shall commence planning and design activities and

3 infrastructure development for a new tritium production fa4 cility.

5 (d) IN-REACTOR TESTS.—The Secretary may perform

6 in-reactor tests of tritium target rods as part of the activi7 ties carried out under the commercial light water reactor

8 program.

9 (e) FUNDING.—Of the funds authorized to be appro10 priated to the Department of Energy pursuant to section

11 3101(b)(1)—

12 (1) not more than $45,000,000 shall be available

13 for research, development, and technology demonstra14 tion activities and other activities relating to the pro15 duction of tritium in accelerators;

16 (2) not more than $15,000,000 shall be available

17 for the commercial light water reactor project, includ18 ing activities relating to target development, extrac19 tion capability, and reactor acquisition or initial

20 tritium operations; and

21 (3) not more than $100,000,000 shall be avail22 able for other tritium production research activities.
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1 SEC. 3132. MODERNIZATION AND CONSOLIDATION OF TRIT2 IUM RECYCLING FACILITIES.

3 (a) IN GENERAL.—The Secretary of Energy shall

4 carry out activities to modernize and consolidate the facili5 ties for recycling tritium for weapons at the Savannah

6 River Site, South Carolina, so as to ensure that such facili7 ties have a capacity to recycle tritium from weapons that

8 is adequate to meet the tritium requirements for weapons

9 specified in the Nuclear Weapons Stockpile Memorandum.

10 (b) FUNDING.—Of the funds authorized to be appro11 priated to the Department of Energy pursuant to section

12 3101, not more than $6,000,000 shall be available for ac13 tivities under subsection (a).

14 SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANU15 FACTURING INFRASTRUCTURE FOR REFAB16 RICATION AND CERTIFICATION OF NUCLEAR

17 WEAPONS STOCKPILE.

18 (a) GENERAL PROGRAM REQUIREMENTS.—Subsection

19 (a) of section 3137 of the National Defense Authorization

20 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

21 620; 42 U.S.C. 2121 note) is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

23 Energy’’;

24 (2) by redesignating paragraphs (1) through (5)

25 as subparagraphs (A) through (E), respectively; and

26 (3) by adding at the end the following:
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1 ‘‘(2) The purpose of the program carried out under

2 paragraph (1) shall also be to develop manufacturing capa3 bilities and capacities necessary to meet the requirements

4 specified in the annual Nuclear Weapons Stockpile Re5 view.’’.

6 (b) REQUIRED CAPABILITIES.—Subsection (b)(3) of

7 such section is amended to read as follows:

8 ‘‘(3) The capabilities of the Savannah River Site

9 relating to tritium recycling and fissile materials

10 components processing and fabrication.’’.

11 (c) PLAN AND REPORT.—Not later than March 1,

12 1997, the Secretary of Energy shall submit to Congress a

13 report containing a plan for carrying out the program es14 tablished under section 3137(a) of the National Defense Au15 thorization Act for Fiscal Year 1996, as amended by this

16 section. The report shall set forth the obligations that the

17 Secretary has incurred, and proposes to incur, during fiscal

18 year 1997 in carrying out the program.

19 (d) FUNDING.—Of the funds authorized to be appro20 priated pursuant to section 3101(b), $5,000,000 shall be

21 available for carrying out the program established under

22 section 3137(a) of the National Defense Authorization Act

23 for Fiscal Year 1996, as so amended.
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1 SEC. 3134. LIMITATION ON USE OF FUNDS FOR CERTAIN RE2 SEARCH AND DEVELOPMENT PURPOSES.

3 (a) LIMITATION.—No funds appropriated or otherwise

4 made available to the Department of Energy for fiscal year

5 1997 under section 3101 may be obligated or expended for

6 activities under the Department of Energy Laboratory Di7 rected Research and Development Program, or under any

8 Department of Energy technology transfer program or coop9 erative research and development agreement, unless such ac10 tivities support the national security mission of the Depart11 ment of Energy.

12 (b) ANNUAL REPORT.—(1) The Secretary of Energy

13 shall annually submit to the congressional defense commit14 tees a report on the funds expended during the preceding

15 fiscal year on activities under the Department of Energy

16 Laboratory Directed Research and Development Program.

17 The purpose of the report is to permit an assessment of the

18 extent to which such activities support the national security

19 mission of the Department of Energy.

20 (2) Each report shall be prepared by the officials re21 sponsible for Federal oversight of the funds expended on ac22 tivities under the program.

23 (3) Each report shall set forth the criteria utilized by

24 the officials preparing the report in determining whether

25 or not the activities reviewed by such officials support the

26 national security mission of the Department.
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1 SEC. 3135. ACCELERATED SCHEDULE FOR ISOLATING HIGH2 LEVEL NUCLEAR WASTE AT THE DEFENSE

3 WASTE PROCESSING FACILITY, SAVANNAH

4 RIVER SITE.

5 The Secretary of Energy shall accelerate the schedule

6 for the isolation of high-level nuclear waste in glass can7 isters at the Defense Waste Processing Facility at the Sa8 vannah River Site if the Secretary determines that the ac9 celeration of such schedule—

10 (1) will achieve long-term cost savings to the

11 Federal Government; and

12 (2) could accelerate the removal and isolation of

13 high-level nuclear waste from long-term storage tanks

14 at the site.

15 SEC. 3136. PROCESSING OF HIGH-LEVEL NUCLEAR WASTE

16 AND SPENT NUCLEAR FUEL RODS.

17 (a) IN GENERAL.—In order to provide for an effective

18 response to requirements for managing spent nuclear fuel

19 that is sent to Department of Energy consolidation sites

20 pursuant to the Department of Energy Programmatic

21 Spent Nuclear Fuel Management and Idaho National Engi22 neering Laboratory Environmental Restoration and Waste

23 Management Programs Final Environmental Impact

24 Statement, dated April 1995, there shall be available to the

25 Secretary of Energy, from amounts authorized to be appro-
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1 priated pursuant to section 3102(b), the following amounts

2 for the purposes stated:

3 (1) Not more than $65,700,000 for the develop4 ment and implementation of a program for the proc5 essing, reprocessing, separation, reduction, isolation,

6 and interim storage of high-level nuclear waste associ7 ated with Department of Energy aluminum clad

8 spent fuel rods and foreign spent fuel rods in the H9 canyon facility and F-canyon facility.

10 (2) Not more than $80,000,000 for the develop11 ment and implementation of a program for the treat12 ment, preparation, and conditioning of high-level nu13 clear waste associated with Department of Energy

14 non-aluminum clad spent nuclear fuel rods (includ15 ing naval spent nuclear fuel) for interim storage and

16 final disposition.

17 (b) UPDATE OF IMPLEMENTATION PLAN.—Not later

18 than April 30, 1997, the Secretary shall submit to Congress

19 a plan which updates the five-year plan required by section

20 3142(b) of the National Defense Authorization Act for Fis21 cal Year 1996 (Public Law 104–106; 110 Stat. 622). The

22 updated plan shall include—

23 (1) the matters required by paragraphs (1)

24 through (4) of such section, current as of the date of

25 the updated plan; and
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1 (2) the assessment of the Secretary of the

2 progress made in implementing the program covered

3 by the plans.

4 SEC. 3137. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF

5 SKILLS CRITICAL TO DEPARTMENT OF EN6 ERGY NUCLEAR WEAPONS COMPLEX.

7 (a) FUNDING.—Subject to subsection (b), of the funds

8 authorized to be appropriated pursuant to section 3101(b),

9 $5,000,000 may be used for conducting the fellowship pro10 gram for the development of skills critical to the ongoing

11 mission of the Department of Energy nuclear weapons com12 plex required by section 3140 of the National Defense Au13 thorization Act for Fiscal Year 1996 (Public Law 104–106;

14 110 Stat. 621; 42 U.S.C. 2121 note).

15 (b) NOTICE AND WAIT.—The Secretary of Energy may

16 not obligate or expend funds under subsection (a) for the

17 fellowship program referred to in that subsection until—

18 (1) the Secretary submits to Congress a report

19 setting forth—

20 (A) the steps the Department has taken to

21 implement the fellowship program;

22 (B) the amount the Secretary proposes to

23 obligate; and

24 (C) the purposes for which such amount

25 will be obligated; and
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1 (2) a period of 21 days elapses from the date of

2 the receipt of the report by Congress.

3 SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAIN4 TENANCE OF INFRASTRUCTURE AT NEVADA

5 TEST SITE.

6 Notwithstanding any other provision of law and effec7 tive as of September 30, 1996, the costs associated with op8 erating and maintaining the infrastructure at the Nevada

9 Test Site, Nevada, with respect to any activities initiated

10 at the site after that date by the Department of Defense

11 pursuant to a work for others agreement may be paid for

12 from funds authorized to be appropriated to the Department

13 of Energy for activities at the Nevada Test Site.

14 Subtitle D—Other Matters

15 SEC. 3151. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET

16 FOR THE NATIONAL SECURITY PROGRAMS OF

17 THE DEPARTMENT OF ENERGY.

18 (a) REQUIREMENT.—The Secretary of Energy shall

19 prepare each year a budget for the national security pro20 grams of the Department of Energy for the five-year period

21 beginning in the year the budget is prepared. Each budget

22 shall contain the estimated expenditures and proposed ap23 propriations necessary to support the programs, projects,

24 and activities of the national security programs during the

25 five-year period covered by the budget and shall be at a
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1 level of detail comparable to that contained in the budget

2 submitted by the President to Congress under section 1105

3 of title 31, United States Code.

4 (b) SUBMITTAL.—The Secretary shall submit each

5 year to the congressional defense committees the budget re6 quired under subsection (a) in that year at the same time

7 as the President submits to Congress the budget for the com8 ing fiscal year pursuant to such section 1105.

9 SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF ENERGY

10 WEAPONS ACTIVITIES BUDGETS FOR FISCAL

11 YEARS AFTER FISCAL YEAR 1997.

12 (a) IN GENERAL.—The weapons activities budget of

13 the Department of Energy for any fiscal year after fiscal

14 year 1997 shall—

15 (1) set forth with respect to each of the activities

16 under the budget (including stockpile stewardship,

17 stockpile management, and program direction) the

18 funding requested to carry out each project or activity

19 that is necessary to meet the requirements of the Nu20 clear Weapons Stockpile Memorandum; and

21 (2) identify specific infrastructure requirements

22 arising from the Nuclear Posture Review, the Nuclear

23 Weapons Stockpile Memorandum, and the pro24 grammatic and technical requirements associated

25 with the review and memorandum.
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1 (b) REQUIRED DETAIL.—The Secretary of Energy

2 shall include in the materials that the Secretary submits

3 to Congress in support of the budget for any fiscal year

4 after fiscal year 1997 that is submitted by the President

5 pursuant to section 1105 of title 31, United States Code,

6 the following:

7 (1) A long-term program plan, and a near-term

8 program plan, for the certification and stewardship of

9 the nuclear weapons stockpile.

10 (2) An assessment of the effects of the plans re11 ferred to in paragraph (1) on each nuclear weapons

12 laboratory and each nuclear weapons production

13 plant.

14 (c) DEFINITIONS.—In this section:

15 (1) The term ‘‘Nuclear Posture Review’’ means

16 the Department of Defense Nuclear Posture Review as

17 contained in the report of the Secretary of Defense to

18 the President and the Congress dated February 19,

19 1995, or in subsequent such reports.

20 (2) The term ‘‘nuclear weapons laboratory’’

21 means the following:

22 (A) Lawrence Livermore National Labora23 tory, California.

24 (B) Los Alamos National Laboratory, New

25 Mexico.
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1 (C) Sandia National Laboratories.

2 (3) The term ‘‘nuclear weapons production

3 plant’’ means the following:

4 (A) The Pantex Plant.

5 (B) The Savannah River Site.

6 (C) The Kansas City Plant, Missouri.

7 (D) The Y–12 Plant, Oak Ridge, Tennessee.

8 SEC. 3153. REPEAL OF REQUIREMENT RELATING TO AC9 COUNTING PROCEDURES FOR DEPARTMENT

10 OF ENERGY FUNDS.

11 Section 3151 of the National Defense Authorization

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

13 3089) is repealed.

14 SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS NUCLEAR

15 MATERIALS AND CLEAN UP NUCLEAR WASTE

16 AT THE SAVANNAH RIVER SITE.

17 (a) NEAR-TERM PLAN FOR PROCESSING SPENT FUEL

18 RODS.—(1) Not later than March 15, 1997, the Secretary

19 of Energy shall submit to Congress a plan for a near-term

20 program to process the spent nuclear fuel rods described in

21 paragraph (2) in the H-canyon facility and the F-canyon

22 facility at the Savannah River Site. The plan shall include

23 cost projections and resource requirements for the program

24 and identify program milestones for the program.
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1 (2) The spent nuclear fuel rods to be processed under

2 the program referred to in paragraph (1) are the following:

3 (A) Spent nuclear fuel rods produced at the Sa4 vannah River Site.

5 (B) Spent nuclear fuel rods being sent to the site

6 from other Department of Energy facilities for proc7 essing, interim storage, and other treatment.

8 (C) Foreign nuclear spent fuel rods being sent to

9 the site for processing, interim storage, and other

10 treatment.

11 (b) MULTI-YEAR PLAN FOR CLEAN-UP AT SITE.—The

12 Secretary shall develop and implement a multi-year plan

13 for the clean-up of nuclear waste at the Savannah River

14 Site that results, or has resulted, from the following:

15 (1) Nuclear weapons activities carried out at the

16 site.

17 (2) The processing of Department of Energy do18 mestic and foreign spent nuclear fuel rods at the site.

19 (c) REQUIREMENT FOR CONTINUING OPERATIONS.—

20 The Secretary shall continue operations and maintain a

21 high state of readiness at the H-canyon facility and the F22 canyon facility at the Savannah River Site, and shall pro23 vide technical staff necessary to operate and so maintain

24 such facilities, pending the development and implementa25 tion of the plan referred to in subsection (b).
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1 SEC. 3155. UPDATE OF REPORT ON NUCLEAR TEST READI2 NESS POSTURES.

3 Not later than February 15, 1997, the Secretary of En4 ergy shall submit to Congress a report which updates the

5 report submitted by the Secretary under section 3152 of the

6 National Defense Authorization Act for Fiscal Year 1996

7 (Public Law 104–106; 110 Stat. 623). The updated report

8 shall include the matters specified under such section, cur9 rent as of the date of the updated report.

10 SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES AT NU11 CLEAR WEAPONS LABORATORIES AND NU12 CLEAR WEAPONS PRODUCTION PLANTS.

13 (a) REPORTS BY HEADS OF LABORATORIES AND

14 PLANTS.—In the event of a difficulty at a nuclear weapons

15 laboratory or a nuclear weapons production plant that has

16 a significant bearing on confidence in the safety or reliabil17 ity of a nuclear weapon or nuclear weapon type, the head

18 of the laboratory or plant, as the case may be, shall submit

19 to the Assistant Secretary of Energy for Defense Programs

20 a report on the difficulty. The head of the laboratory or

21 plant shall submit the report as soon as practicable after

22 discovery of the difficulty.

23 (b) TRANSMITTAL BY ASSISTANT SECRETARY.—As

24 soon as practicable after receipt of a report under subsection

25 (a), the Assistant Secretary shall transmit the report (to26 gether with the comments of the Assistant Secretary) to the
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1 congressional defense committees and to the Secretary of

2 Energy and the Secretary of Defense.

3 (c) REPORTS BY NUCLEAR WEAPONS COUNCIL.—Sec4 tion 179 of title 10, United States Code, is amended—

5 (1) by redesignating subsection (e) as subsection

6 (f); and

7 (2) by inserting after subsection (d) the following

8 new subsection (e):

9 ‘‘(e) In addition to the responsibilities set forth in sub10 section (d), the Council shall also submit to Congress a re11 port on any analysis conducted by the Council with respect

12 to difficulties at nuclear weapons laboratories or nuclear

13 weapons production plants that have significant bearing on

14 confidence in the safety or reliability of nuclear weapons

15 or nuclear weapon types.’’.

16 (d) DEFINITIONS.—In this section:

17 (1) The term ‘‘nuclear weapons laboratory’’

18 means the following:

19 (A) Lawrence Livermore National Labora20 tory, California.

21 (B) Los Alamos National Laboratory, New

22 Mexico.

23 (C) Sandia National Laboratories.

24 (2) The term ‘‘nuclear weapons production

25 plant’’ means the following:
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1 (A) The Pantex Plant.

2 (B) The Savannah River Site.

3 (C) The Kansas City Plant, Missouri.

4 (D) The Y–12 Plant, Oak Ridge, Tennessee.

5 SEC. 3157. EXTENSION OF APPLICABILITY OF NOTICE-AND6 WAIT REQUIREMENT REGARDING PROPOSED

7 COOPERATION AGREEMENTS.

8 Section 3155(b) of the National Defense Authorization

9 Act for Fiscal Year 1995 (42 U.S.C. 2153 note) is amended

10 by striking out ‘‘October 1, 1996’’ and inserting in lieu

11 thereof ‘‘December 31, 1997’’.

12 SEC. 3158. SENSE OF CONGRESS RELATING TO REDESIGNA13 TION OF DEFENSE ENVIRONMENTAL RES14 TORATION AND WASTE MANAGEMENT PRO15 GRAM.

16 (a) SENSE OF CONGRESS.—It is the sense of Congress

17 that the program of the Department of Energy known as

18 the Defense Environmental Restoration and Waste Manage19 ment Program, and also known as the Environmental Man20 agement Program, be redesignated as the Defense Nuclear

21 Waste Management Program of the Department of Energy.

22 (b) REPORT ON REDESIGNATION.—Not later than Jan23 uary 31, 1997, the Secretary of Energy shall submit to the

24 congressional defense committees a report on the costs and

25 other difficulties, if any, associated with the following:
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1 (1) The redesignation of the program of known

2 as the Defense Environmental Restoration and Waste

3 Management Program, and also known as the Envi4 ronmental Management Program, as the Defense Nu5 clear Waste Management Program of the Department

6 of Energy.

7 (2) The redesignation of the Defense Environ8 mental Restoration and Waste Management Account

9 as the Defense Nuclear Waste Management Account.

10 SEC. 3159. COMMISSION ON MAINTAINING UNITED STATES

11 NUCLEAR WEAPONS EXPERTISE.

12 (a) ESTABLISHMENT.—There is hereby established a

13 commission to be known as the ‘‘Commission on Maintain14 ing United States Nuclear Weapons Expertise’’ (in this sec15 tion referred to as the ‘‘Commission’’).

16 (b) ORGANIZATIONAL MATTERS.—(1)(A) The Commis17 sion shall be composed of nine members appointed from

18 among individuals in the public and private sectors who

19 have significant experience in matters relating to nuclear

20 weapons as follows:

21 (i) Two shall be appointed by the Majority Lead22 er of the Senate (in consultation with the Minority

23 Leader of the Senate).
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1 (ii) One shall be appointed by the Minority

2 Leader of the Senate (in consultation with the Major3 ity Leader of the Senate).

4 (iii) Two shall be appointed by the Speaker of

5 the House of Representatives (in consultation with the

6 Minority Leader of the House of Representatives).

7 (iv) One shall be appointed by the Minority

8 Leader of the House of Representatives (in consulta9 tion with the Speaker of the House of Representa10 tives).

11 (v) Three shall be appointed by the Secretary of

12 Energy.

13 (B) Members shall be appointed for the life of the Com14 mission. Any vacancy in the Commission shall not affect

15 its powers, but shall be filled in the same manner as the

16 original appointment.

17 (C) The chairman of the Commission shall be des18 ignated from among the members of the Commission ap19 pointed under subparagraph (A) by the Majority Leader

20 of the Senate, in consultation with the Minority Leader of

21 the Senate.

22 (2) The members of the Commission shall establish pro23 cedures for the activities of the Commission, including pro24 cedures for calling meetings, requirements for quorums, and

25 the manner of taking votes.
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1 (c) DUTIES.—(1) The Commission shall develop a plan

2 for recruiting and retaining within the Department of En3 ergy nuclear weapons complex such scientific, engineering,

4 and technical personnel as the Commission determines ap5 propriate in order to permit the Department to maintain

6 over the long term a safe and reliable nuclear weapons

7 stockpile without engaging in underground testing.

8 (2) In developing the plan, the Commission shall—

9 (A) identify actions that the Secretary may un10 dertake to attract qualified scientific, engineering,

11 and technical personnel to the nuclear weapons com12 plex of the Department; and

13 (B) review and recommend improvements to the

14 on-going efforts of the Department to attract such per15 sonnel to the nuclear weapons complex.

16 (d) REPORT.—Not later than March 15, 1998, the

17 Commission shall submit to the Secretary and to Congress

18 a report containing the plan developed under subsection (c).

19 The report may include recommendations for legislation

20 and administrative action.

21 (e) COMMISSION PERSONNEL MATTERS.—(1) Each

22 member of the Commission who is not an officer or em23 ployee of the Federal Government shall be compensated at

24 a rate equal to the daily equivalent of the annual rate of

25 basic pay prescribed for level IV of the Executive Schedule
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1 under section 5315 of title 5, United States Code, for each

2 day (including travel time) during which such member is

3 engaged in the performance of the duties of the Commission.

4 All members of the Commission who are officers or employ5 ees of the United States shall serve without compensation

6 in addition to that received for their services as officers or

7 employees of the United States.

8 (2) The members of the Commission shall be allowed

9 travel expenses, including per diem in lieu of subsistence,

10 at rates authorized for employees of agencies under sub11 chapter I of chapter 57 of title 5, United States Code, while

12 away from their homes or regular places of business in the

13 performance of services for the Commission.

14 (3) The Commission may, without regard to the civil

15 service laws and regulations, appoint and terminate such

16 personnel as may be necessary to enable the Commission

17 to perform its duties. The Commission may fix the com18 pensation of the personnel of the Commission without re19 gard to the provisions of chapter 51 and subchapter III of

20 chapter 53 of title 5, United States Code, relating to classi21 fication of positions and General Schedule pay rates.

22 (4) Any Federal Government employee may be detailed

23 to the Commission without reimbursement, and such detail

24 shall be without interruption or loss of civil service status

25 or privilege.
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1 (f) TERMINATION.—The Commission shall terminate

2 30 days after the date on which the Commission submits

3 its report under subsection (d).

4 (g) APPLICABILITY OF FACA.—The provisions of the

5 Federal Advisory Committee Act (5 U.S.C. App.) shall not

6 apply to the activities of the Commission.

7 (h) FUNDING.—Of the amounts authorized to be appro8 priated pursuant to section 3101, not more than $1,000,000

9 shall be available for the activities of the Commission under

10 this section. Funds made available to the Commission under

11 this section shall remain available until expended.

12 SEC. 3160. SENSE OF SENATE REGARDING RELIABILITY AND

13 SAFETY OF REMAINING NUCLEAR FORCES.

14 (a) FINDINGS.—The Senate makes the following find15 ings:

16 (1) The United States is committed to proceeding

17 with a robust science-based stockpile stewardship pro18 gram with respect to production of nuclear weapons,

19 and to maintaining nuclear weapons production ca20 pabilities and capacities, that are adequate—

21 (A) to ensure the safety, reliability, and

22 performance of the United States nuclear arse23 nal; and

24 (B) to meet such changing national security

25 requirements as may result from international
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1 developments or technical problems with nuclear

2 warheads.

3 (2) The United States is committed to reestab4 lishing and maintaining production of nuclear weap5 ons at levels that are sufficient—

6 (A) to satisfy requirements for the safety,

7 reliability, and performance of United States nu8 clear weapons; and

9 (B) to demonstrate and sustain production

10 capabilities and capacities.

11 (3) The United States is committed to maintain12 ing the nuclear weapons laboratories and protecting

13 core nuclear weapons competencies.

14 (4) The United States is committed to ensuring

15 the rapid access to a new production source of tritium

16 within the next decade, as it currently has no mean17 ingful capability to produce tritium, a component

18 that is essential to the performance of modern nuclear

19 weapons.

20 (5) The United States reserves the right, consist21 ent with United States law, to resume underground

22 nuclear testing to maintain confidence in the United

23 States’ stockpile of nuclear weapons if warhead design

24 flaws or aging of nuclear weapons result in problems
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1 that a robust stockpile stewardship program cannot

2 solve.

3 (6) The United States is committed to funding

4 the Nevada Test Site at a level that maintains the

5 ability of the United States to resume underground

6 nuclear testing within one year after a national deci7 sion to do so is made.

8 (7) The United States reserves the right to invoke

9 the supreme national interest of the United States

10 and withdraw from any future arms control agree11 ment to limit underground nuclear testing.

12 (b) SENSE OF THE SENATE REGARDING PRESI13 DENTIAL CONSULTATION WITH CONGRESS.—It is the sense

14 of the Senate that the President should consult closely with

15 Congress regarding United States policy and practices to

16 ensure confidence in the safety and reliability of the nuclear

17 stockpile of the United States.

18 (c) SENSE OF THE SENATE REGARDING NOTIFICATION

19 AND CONSULTATION.—It is the sense of the Senate that,

20 upon a determination by the President that a problem with

21 the safety or reliability of the nuclear stockpile has occurred

22 and that the problem cannot be corrected within the stock23 pile stewardship program, the President shall—

24 (1) immediately notify Congress of the problem;

25 and
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1 (2) submit to Congress in a timely manner a

2 plan for corrective action with respect to the problem,

3 including—

4 (A) a technical description of the activities

5 required under the plan; and

6 (B) if underground testing of nuclear weap7 ons would assist in such corrective action, an as8 sessment of advisability of withdrawing from

9 any treaty that prohibits underground testing of

10 nuclear weapons.

11 SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABILITY

12 AT DEPARTMENT SUPERFUND SITES.

13 (a) STUDY.—The Secretary of Energy shall, using

14 funds authorized to be appropriated to the Department of

15 Energy by section 3102, carry out a study of the liability

16 of the Department for damages for injury to, destruction

17 of, or loss of natural resources under section 107(a)(4)(C)

18 of the Comprehensive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C))

20 at each site controlled or operated by the Department that

21 is or is anticipated to become subject to the provisions of

22 that Act.

23 (b) CONDUCT OF STUDY.—(1) The Secretary shall

24 carry out the study using personnel of the Department or

25 by contract with an appropriate private entity.
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1 (2) In determining the extent of Department liability

2 for purposes of the study, the Secretary shall treat the De3 partment as a private person liable for damages under sec4 tion 107(f) of that Act (42 U.S.C. 9607(f)) and subject to

5 suit by public trustees of natural resources under such sec6 tion 107(f) for such damages.

7 (c) REPORT.—Not later than 90 days after the date

8 of the enactment of this Act, the Secretary shall submit a

9 report on the study carried out under subsection (a) to the

10 following committees:

11 (1) The Committees on Environment and Public

12 Works and Armed Services and Energy and Natural

13 Resources of the Senate.

14 (2) The Committees on Commerce and National

15 Security and Resources of the House of Representa16 tives.

17 SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE

18 ROAD IMPROVEMENT PROJECT, LIVERMORE,

19 CALIFORNIA.

20 (a) FUNDING.—The Secretary of Energy shall include

21 in budget for fiscal year 1998 submitted by the Secretary

22 of Energy to the Office of Management and Budget, a re23 quest for sufficient funds to pay the United States portion

24 of the cost of transportation improvements under the Green25 ville Road Improvement Project, Livermore, California.
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1 (b) COOPERATION WITH LIVERMORE, CALIFORNIA.—

2 The Secretary shall work with the City of Livermore, Cali3 fornia, to determine the cost of the transportation improve4 ments referred to in subsection (a).

5 SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY

6 STATE OF OREGON REGARDING CERTAIN RE7 MEDIAL ACTIONS AT HANFORD RESERVA8 TION, WASHINGTON.

9 (a) OPPORTUNITY.—(1) Subject to subsection (b), the

10 Site Manager at the Hanford Reservation, Washington,

11 shall, in consultation with the signatories to the Tri-Party

12 Agreement, provide the State of Oregon an opportunity to

13 review and comment upon any information the Site Man14 ager provides the State of Washington under the Hanford

15 Tri-Party Agreement if the agreement provides for the re16 view of and comment upon such information by the State

17 of Washington.

18 (2) In order to facilitate the review and comment of

19 the State of Oregon under paragraph (1), the Site Manager

20 shall provide information referred to in that paragraph to

21 the State of Oregon at the same time, or as soon thereafter

22 as is practicable, that the Site Manager provides such infor23 mation to the State of Washington

24 (b) CONSTRUCTION.—This section may not be con25 strued—
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1 (1) to require the Site Manager to provide the

2 State of Oregon sensitive information on enforcement

3 under the Tri-Party Agreement or information on the

4 negotiation, dispute resolution, or State cost recovery

5 provisions of the agreement;

6 (2) to require the Site Manager to provide con7 fidential information on the budget or procurement at

8 Hanford under terms other than those provided in the

9 Tri-Party Agreement for the transmission of such

10 confidential information to the State of Washington;

11 (3) to authorize the State of Oregon to partici12 pate in enforcement actions, dispute resolution, or ne13 gotiation actions conducted under the provisions of

14 the Tri-Party Agreement;

15 (4) to authorize any delay in the implementation

16 of remedial, environmental management, or other pro17 grammatic activities at Hanford; or

18 (5) to require the Department of Energy to pro19 vide funds to the State of Oregon.

20 SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM

21 OF UNDERSTANDING.

22 It is the sense of the Senate that—

23 (1) the State of Oregon has the authority to enter

24 into a memorandum of understanding with the State

25 of Washington, or a memorandum of understanding
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1 with the State of Washington and the Site Manager

2 of the Hanford Reservation, Washington, in order to

3 address issues of mutual concern to such States re4 garding the Hanford Reservation; and

5 (2) such agreements are not expected to create

6 any additional obligation of the Department of En7 ergy to provide funds to the State of Oregon.

8 SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.

9 Section 2536(b) of title 10, United States Code, is

10 amended to read as follows:

11 (b) WAIVER AUTHORITY.—(1) The Secretary concerned

12 may waive the application of subsection (a) to a contract

13 award if—

14 (A) the Secretary concerned determines that the

15 waiver is essential to the national security interests

16 of the United States; or

17 (B) in the case of a Department of Energy con18 tract awarded for environmental restoration, remedi19 ation, or waste management at a Department of En20 ergy facility—

21 (i) the Secretary determines that the waiver

22 will advance the environmental restoration, re23 mediation, or waste management objectives of the

24 Department of Energy and will not harm the
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1 national security interests of the United States;

2 and

3 (ii) the entity to which the contract is

4 awarded is controlled by a foreign government

5 with which the Secretary is authorized to ex6 change Restricted Data under section 144(c) of

7 the Atomic Energy Act of 1954 (42 U.S.C.

8 2164(c)).

9 (2) The Secretary of Energy shall notify the appro10 priate committees of Congress of any decision to grant a

11 waiver under paragraph (1)(B). The contract may be exe12 cuted only after the end of the 45-day period beginning on

13 the date the notification is received by the committees.

14 SEC. 3166. STUDY ON WORKER PROTECTION AT THE MOUND

15 FACILITY.

16 (a) Not later than March 15, 1997, the Secretary of

17 Energy shall report to the defense committees of the Con18 gress regarding the status of projects and programs to im19 prove worker safety and health at the Mound Facility in

20 Miamisburg, Ohio.

21 (b) The report shall include the following:

22 (1) the status of actions completed in fiscal year

23 1996;

24 (2) the status of actions completed or proposed to

25 be completed in fiscal years 1997 and 1998;
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1 (3) a description of the fiscal year 1998 budget

2 request for Mound worker safety and health protec3 tion; and

4 (4) an accounting of expenditures for worker

5 safety and health at Mound by year from fiscal year

6 1994 through and including fiscal year 1996.

7 Subtitle E—Environmental Restora8 tion at Defense Nuclear Facili9 ties

10 SEC. 3171. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Defense Nuclear Fa12 cility Environmental Restoration Pilot Program Act of

13 1996’’.

14 SEC. 3172. APPLICABILITY.

15 (a) IN GENERAL.—The provisions of this subtitle shall

16 apply to the following defense nuclear facilities:

17 (1) Hanford.

18 (2) Any other defense nuclear facility if—

19 (A) the chief executive officer of the State in

20 which the facility is located submits to the Sec21 retary a request that the facility be covered by

22 the provisions of this subtitle; and

23 (B) the Secretary approves the request.

24 (b) LIMITATION.—The Secretary may not approve a

25 request under subsection (a)(2) until 60 days after the date
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1 on which the Secretary notifies the congressional defense

2 committees of the Secretary’s receipt of the request.

3 SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVI4 RONMENTAL CLEANUP DEMONSTRATION

5 AREAS.

6 (a) DESIGNATION.—Each defense nuclear facility cov7 ered by this subtitle under section 3172(a) is hereby des8 ignated as an environmental cleanup demonstration area.

9 The purpose of the designation is to establish each such fa10 cility as a demonstration area at which to utilize and

11 evaluate new technologies to be used in environmental res12 toration and remediation at other defense nuclear facilities.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that Federal and State regulatory agencies, members of the

15 surrounding communities, and other affected parties with

16 respect to each defense nuclear facility covered by this sub17 title should continue to—

18 (1) develop expedited and streamlined processes

19 and systems for cleaning up such facility;

20 (2) eliminate unnecessary administrative com21 plexity and unnecessary duplication of regulation

22 with respect to the clean up of such facility;

23 (3) proceed expeditiously and cost-effectively

24 with environmental restoration and remediation ac25 tivities at such facility;
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1 (4) consider future land use in selecting environ2 mental clean up remedies at such facility; and

3 (5) identify and recommend to Congress changes

4 in law needed to expedite the clean up of such facil5 ity.

6 SEC. 3174. SITE MANAGERS.

7 (a) APPOINTMENT.—(1)(A) The Secretary shall ap8 point a site manager for Hanford not later than 90 days

9 after the date of the enactment of this Act.

10 (B) The Secretary shall develop a list of the criteria

11 to be used in appointing a site manager for Hanford. The

12 Secretary may consult with affected and knowledgeable par13 ties in developing the list.

14 (2) The Secretary shall appoint the site manager for

15 any other defense nuclear facility covered by this subtitle

16 not later than 90 days after the date of the approval of

17 the request with respect to the facility under section

18 3172(a)(2).

19 (3) An individual appointed as a site manager under

20 this subsection shall, if not an employee of the Department

21 at the time of the appointment, be an employee of the De22 partment while serving as a site manager under this sub23 title.

24 (b) DUTIES.—(1) Subject to paragraphs (2) and (3),

25 in addition to other authorities provided for in this subtitle,
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1 the site manager for a defense nuclear facility shall have

2 full authority to oversee and direct operations at the facil3 ity, including the authority to—

4 (A) enter into and modify contractual agree5 ments to enhance environmental restoration and

6 waste management at the facility;

7 (B) request that the Department headquarters

8 submit to Congress a reprogramming package shifting

9 among accounts funds available for the facility in

10 order to facilitate the most efficient and timely envi11 ronmental restoration and waste management at the

12 facility, and, in the event that the Department head13 quarters does not act upon the request within 30 days

14 of the date of the request, submit such request to the

15 appropriate committees of Congress for review;

16 (C) negotiate amendments to environmental

17 agreements applicable to the facility for the Depart18 ment; and

19 (D) manage environmental management and

20 programmatic personnel of the Department at the fa21 cility.

22 (2) A site manager shall negotiate amendments under

23 paragraph (1)(C) with the concurrence of the Secretary.

24 (3) A site manager may not undertake or provide for

25 any action under paragraph (1) that would result in an
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1 expenditure of funds for environmental restoration or waste

2 management at the defense nuclear facility concerned in ex3 cess of the amount authorized to be expended for environ4 mental restoration or waste management at the facility

5 without the approval of such action by the Secretary.

6 (c) INFORMATION ON PROGRESS.—The Secretary shall

7 regularly inform Congress of the progress made by site man8 agers under this subtitle in achieving expedited environ9 mental restoration and waste management at the defense

10 nuclear facilities covered by this subtitle.

11 SEC. 3175. DEPARTMENT OF ENERGY ORDERS.

12 Effective 60 days after the appointment of a site man13 ager for a defense nuclear facility under section 3174(a),

14 an order relating to the execution of environmental restora15 tion, waste management, technology development, or other

16 site operation activities at the facility may be imposed at

17 the facility if the Secretary makes a finding that the

18 order—

19 (1) is essential to the protection of human health

20 or the environment or to the conduct of critical ad21 ministrative functions; and

22 (2) will not interfere with bringing the facility

23 into compliance with environmental laws, including

24 the terms of any environmental agreement.
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1 SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REME2 DIATION OF DEFENSE NUCLEAR WASTE.

3 (a) IN GENERAL.—The site manager for a defense nu4 clear facility under this subtitle shall promote the dem5 onstration, verification, certification, and implementation

6 of innovative environmental technologies for the remedi7 ation of defense nuclear waste at the facility.

8 (b) DEMONSTRATION PROGRAM.—To carry out sub9 section (a), each site manager shall establish a program at

10 the defense nuclear facility concerned for testing environ11 mental technologies for the remediation of defense nuclear

12 waste at the facility. In establishing such a program, the

13 site manager may—

14 (1) establish a simplified, standardized, and

15 timely process for the testing and verification of envi16 ronmental technologies;

17 (2) solicit and accept applications to test envi18 ronmental technology suitable for environmental res19 toration and waste management activities at the fa20 cility, including prevention, control, characterization,

21 treatment, and remediation of contamination;

22 (3) consult and cooperate with the heads of exist23 ing programs at the facility for the certification and

24 verification of environmental technologies at the facil25 ity; and
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1 (4) pay the costs of the demonstration of such

2 technologies.

3 (c) FOLLOW-ON CONTRACTS.—(1) If the Secretary and

4 a person demonstrating a technology under the program

5 enter into a contract for remediation of nuclear waste at

6 a defense nuclear facility covered by this subtitle, or at any

7 other Department facility, as a follow-on to the demonstra8 tion of the technology, the Secretary shall ensure that the

9 contract provides for the Secretary to recoup from the con10 tractor the costs incurred by the Secretary pursuant to sub11 section (b)(4) for the demonstration.

12 (2) No contract between the Department and a con13 tractor for the demonstration of technology under subsection

14 (b) may provide for reimbursement of the costs of the con15 tractor on a cost plus fee basis.

16 (d) SAFE HARBORS.—In the case of an environmental

17 technology demonstrated, verified, certified, and imple18 mented at a defense nuclear facility under a program estab19 lished under subsection (b), the site manager of another de20 fense nuclear facility may request the Secretary to waive

21 or limit contractual or Department regulatory requirements

22 that would otherwise apply in implementing the same envi23 ronmental technology at such other facility.
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1 SEC. 3177. REPORTS TO CONGRESS.

2 Not later than 120 days after the date of the appoint3 ment of a site manager under section 3174(a), the site man4 ager shall submit to Congress and the Secretary a report

5 describing the expectations of the site manager with respect

6 to environmental restoration and waste management at the

7 defense nuclear facility concerned by reason of the exercise

8 of the authorities provided in this subtitle. The report shall

9 describe the manner in which the exercise of such authorities

10 is expected to improve environmental restoration and waste

11 management at the facility and identify saving that are

12 expected to accrue to the Department as a result of the exer13 cise of such authorities.

14 SEC. 3178. TERMINATION.

15 The authorities provided for in this subtitle shall ex16 pire five years after the date of the enactment of this Act.

17 SEC. 3179. DEFINITIONS.

18 In this subtitle:

19 (1) The term ‘‘Department’’ means the Depart20 ment of Energy.

21 (2) The term ‘‘defense nuclear facility’’ has the

22 meaning given the term ‘‘Department of Energy de23 fense nuclear facility’’ in section 318 of the Atomic

24 Energy Act of 1954 (42 U.S.C. 2286g).

25 (3) The term ‘‘Hanford’’ means the defense nu26 clear facility located in southeastern Washington
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1 State known as the Hanford Reservation, Washing2 ton.

3 (4) The term ‘‘Secretary’’ means the Secretary of

4 Energy.

5 Subtitle F—Waste Isolation Pilot

6 Plant Land Withdrawal Act

7 Amendments.

8 SEC. 3181. SHORT TITLE AND REFERENCE.

9 (a) SHORT TITLE.—This subtitle may be cited as the

10 ‘‘Waste Isolation Pilot Plant Land Withdrawal Amendment

11 Act’’.

12 (b) REFERENCE.—Except as otherwise expressly pro13 vided, whenever in this subtitle an amendment or repeal

14 is expressed in terms of an amendment to, or repeal of, a

15 section or other provision, the reference shall be considered

16 to be made to a section or other provision of the Waste Isola17 tion Pilot Plant Land Withdrawal Act (Public Law 102–

18 579).

19 SEC. 3182. DEFINITIONS.

20 Paragraphs (18) and (19) of section 2 are repealed.

21 SEC. 3183. TEST PHASE AND RETRIEVAL PLANS.

22 Section 5 and the item relating to such section in the

23 table of contents are repealed.
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1 SEC. 3184. MANAGEMENT PLAN.

2 Section 4(b)(5)(B) is amended by striking ‘‘or with the

3 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)’’.

4 SEC. 3185. TEST PHASE ACTIVITIES.

5 Section 6 is amended—

6 (1) by repealing subsections (a) and (b),

7 (2) by repealing paragraph (1) of subsection (c),

8 (3) by redesignating subsection (c) as subsection

9 (a) and in that subsection—

10 (A) by repealing subparagraph (A) of para11 graph (2),

12 (B) by striking the subsection heading and

13 the matter immediately following the subsection

14 heading and inserting ‘‘STUDY.—The following

15 study shall be conducted:’’,

16 (C) by striking ‘‘(2) REMOTE-HANDLED

17 WASTE.—’’,

18 (D) by striking ‘‘(B) STUDY.—’’,

19 (E) by redesignating clauses (i), (ii), and

20 (iii) as paragraphs (1), (2), and (3), respec21 tively, and

22 (F) by realigning the margins of such

23 clauses to be margins of paragraphs,

24 (4) in subsection (d), by striking ‘‘, during the

25 test phase, a biennial’’ and inserting ‘‘a’’ and by
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1 striking ‘‘, consisting of a documented analysis of’’

2 and inserting ‘‘as necessary to demonstrate’’, and

3 (5) by redesignating subsection (d) as subsection

4 (b).

5 SEC. 3186. DISPOSAL OPERATIONS.

6 Section 7(b) is amended to read as follows:

7 ‘‘(b) REQUIREMENTS FOR COMMENCEMENT OF DIS8 POSAL OPERATIONS.—The Secretary may commence em9 placement of transuranic waste underground for disposal

10 at WIPP only upon completion of—

11 ‘‘(1) the Administrator’s certification under sec12 tion 8(d)(1) that the WIPP facility will comply with

13 the final disposal regulations;

14 ‘‘(2) the acquisition by the Secretary (whether by

15 purchase, condemnation, or otherwise) of Federal Oil

16 and Gas Leases No. NMNM 02953 and No. NMNM

17 02953C, unless the Administrator determines, under

18 section 4(b)(5), that such acquisition is not required;

19 and,

20 ‘‘(3) the expiration of the 30-day period begin21 ning on the date on which the Secretary notifies Con22 gress that the requirements of section 9(a)(1) have

23 been met.’’.
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1 SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DIS2 POSAL REGULATIONS.

3 (a) SECTION 8(d)(1).—Section 8(d)(1) is amended—

4 (1) by amending subparagraph (A) to read as

5 follows:

6 ‘‘(A) APPLICATION FOR COMPLIANCE.—

7 Within 30 days after the date of the enactment

8 of the Waste Isolation Pilot Plant Land With9 drawal Amendment Act, the Secretary shall pro10 vide to Congress a schedule for the incremental

11 submission of chapters of the application to the

12 Administrator beginning no later than 30 days

13 after such date. The Administrator shall review

14 the submitted chapters and provide requests for

15 additional information from the Secretary as

16 needed for completeness within 45 days of the re17 ceipt of each chapter. The Administrator shall

18 notify Congress of such requests. The schedule

19 shall call for the Secretary to submit all chapters

20 to the Administrator no later than October 31,

21 1996. The Administrator may at any time re22 quest additional information from the Secretary

23 as needed to certify, pursuant to subparagraph

24 (B), whether the WIPP facility will comply with

25 the final disposal regulations.’’; and
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1 (2) in subparagraph (D), by striking ‘‘after the

2 application is’’ and inserting ‘‘after the full applica3 tion has been’’.

4 (b) SECTION 8(d) (2) and (3).—Section 8(d) is amend5 ed by striking paragraphs (2) and (3), by striking ‘‘(1)

6 COMPLIANCE WITH DISPOSAL REGULATIONS.—’’, and by re7 designating subparagraphs (A), (B), (C), and (D) of para8 graph (1) as paragraph (1), (2), (3), and (4), respectively.

9 (c) SECTION 8(g).—Section 8(g) is amended to read

10 as follows:

11 ‘‘(g) ENGINEERED AND NATURAL BARRIERS, ETC.—

12 The Secretary shall use both engineered and natural bar13 riers and any other measures (including waste form modi14 fications) to the extent necessary at WIPP to comply with

15 the final disposal regulations.’’.

16 SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND

17 REGULATIONS.

18 (a) SECTION 9(a)(1).—Section 9(a)(1) is amended by

19 adding after and below subparagraph (H) the following:

20 ‘‘With respect to transuranic mixed waste designated by the

21 Secretary for disposal at WIPP, such waste is exempt from

22 treatment standards promulgated pursuant to section

23 3004(m) of the Solid Waste Disposal Act (42 U.S.C.

24 6924(m)) and shall not be subject to the land disposal pro-
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1 hibitions in section 3004(d), (e), (f), and (g) of the Solid

2 Waste Disposal Act.’’.

3 (b) SECTION 9(b).—Subsection (b) of section 9 is re4 pealed.

5 (c) SECTION 9(c)(2).—Subsection (c)(2) of section 9 is

6 repealed.

7 (d) SECTION 14.—Section 14 is amended—

8 (1) in subsection (a), by striking ‘‘No provision’’

9 and inserting ‘‘Except for the exemption from the

10 land disposal restrictions described in section 9(a)(1),

11 no provision’’; and

12 (2) in subsection (b)(2), by striking ‘‘including

13 all terms and conditions of the No-Migration Deter14 mination’’ and inserting ‘‘except that the transuranic

15 mixed waste designated by the Secretary for disposal

16 at WIPP is exempt from the land disposal restrictions

17 described in section 9(a)(1)’’.

18 SEC. 3189. RETRIEVABILITY.

19 (a) SECTION 10.—Section 10 is amended to read as

20 follows:

21 ‘‘SEC. 10. TRANSURANIC WASTE.

22 ‘‘It is the intent of Congress that the Secretary will

23 complete all actions required under section 7(b) to com24 mence emplacement of transuranic waste underground for

25 disposal at WIPP no later than November 30, 1997.’’.
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1 (b) CONFORMING AMENDMENT.—The item relating to

2 section 10 in the table of contents is amended to read as

3 follows:

‘‘Sec. 10. Transuranic waste.’’.

4 SEC. 3190. DECOMMISSIONING OF WIPP

5 Section 13 is amended—

6 (1) by repealing subsection (a), and

7 (2) in subsection (b), by striking ‘‘(b) MANAGE8 MENT PLAN FOR THE WITHDRAWAL AFTER DECOM9 MISSIONING.—Within 5 years after the date of the en10 actment of this Act, the’’ and inserting ‘‘The’’.

11 SEC. 3191. ECONOMIC ASSISTANCE AND MISCELLANEOUS

12 PAYMENTS.

13 (a) Section 15(a) is amended by adding at the end

14 the following: ‘‘An appropriation to the State shall be in

15 addition to any appropriation for WIPP.’’.

16 (b) $20,000,000 is authorized to be appropriated in fis17 cal year 1997 to the Secretary for payment to the State

18 of New Mexico for road improvements in connection with

19 the WIPP.

20 TITLE XXXII—DEFENSE NU21 CLEAR FACILITIES SAFETY

22 BOARD

23 SEC. 3201. AUTHORIZATION.

24 There are authorized to be appropriated for fiscal year

25 1997, $17,000,000 for the operation of the Defense Nuclear
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1 Facilities Safety Board under chapter 21 of the Atomic En2 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

3 TITLE XXXIII—NATIONAL

4 DEFENSE STOCKPILE

5 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

6 (a) OBLIGATIONS AUTHORIZED.—During fiscal year

7 1997, the National Defense Stockpile Manager may obligate

8 up to $60,000,000 of the funds in the National Defense

9 Stockpile Transaction Fund established under subsection

10 (a) of section 9 of the Strategic and Critical Materials Stock

11 Piling Act (50 U.S.C. 98h) for the authorized uses of such

12 funds under subsection (b)(2) of such section.

13 (b) ADDITIONAL OBLIGATIONS.—The National Defense

14 Stockpile Manager may obligate amounts in excess of the

15 amount specified in subsection (a) if the National Defense

16 Stockpile Manager notifies Congress that extraordinary or

17 emergency conditions necessitate the additional obligations.

18 The National Defense Stockpile Manager may make the ad19 ditional obligations described in the notification after the

20 end of the 45-day period beginning on the date Congress

21 receives the notification.

22 (c) LIMITATIONS.—The authorities provided by this

23 section shall be subject to such limitations as may be pro24 vided in appropriations Acts.
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1 SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL

2 DEFENSE STOCKPILE.

3 (a) DISPOSAL REQUIRED.—The President shall dis4 pose of materials contained in the National Defense Stock5 pile and specified in the table in subsection (b) so as to

6 result in receipts to the United States in amounts equal

7 to—

8 (1) $338,000,000 during the five-fiscal year pe9 riod ending on September 30, 2001; and

10 (2) $649,000,000 during the seven-fiscal year pe11 riod ending on September 30, 2003.

12 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

13 quantities of materials authorized for disposal by the Presi14 dent under subsection (a) may not exceed the amounts set

15 forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ................................................................................... 62,881 short tons

Cobalt ........................................................................................... 30,000,000 pounds contained

Columbium Ferro ....................................................................... 930,911 pounds contained

Germanium Metal ...................................................................... 40,000 kilograms

Indium ......................................................................................... 35,000 troy ounces

Palladium .................................................................................... 15,000 troy ounces

Platinum ..................................................................................... 10,000 troy ounces

Rubber, Natural .......................................................................... 125,138 long tons

Tantalum, Carbide Powder ....................................................... 6,000 pounds contained

Tantalum, Minerals ................................................................... 750,000 pounds contained

Tantalum, Oxide ......................................................................... 40,000 pounds contained

16 (c) DEPOSIT OF RECEIPTS.—(1) Notwithstanding sec17 tion 9 of the Strategic and Critical Materials Stock Piling

18 Act (50 U.S.C. 98h) and except as provided in paragraph

19 (2), funds received as a result of the disposal of materials
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1 under subsection (a) shall be deposited into the general fund

2 of the Treasury.

3 (2) Funds received as a result of such disposal in excess

4 of the amount of receipts specified in subsection (a)(2) shall

5 be deposited in the National Defense Stockpile Transaction

6 Fund established by section 9(a) of that Act.

7 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR8 ITY.—The disposal authority provided in subsection (a) is

9 new disposal authority and is in addition to, and shall not

10 affect, any other disposal authority provided by law regard11 ing the materials specified in such subsection.

12 (e) DEFINITION.—The term ‘‘National Defense Stock13 pile’’ means the National Defense Stockpile provided for in

14 section 4 of the Strategic and Critical Materials Stock Pil15 ing Act (50 U.S.C. 98c).

16 SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATE17 RIALS IN NATIONAL DEFENSE STOCKPILE.

18 (a) DISPOSAL REQUIRED.—Subject to subsection (c),

19 the President shall dispose of materials contained in the Na20 tional Defense Stockpile and specified in the table in sub21 section (b) so as to result in receipts to the United States

22 in amounts equal to—

23 (1) $110,000,000 during the five-fiscal year pe24 riod ending September 30, 2001;
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1 (2) $260,000,000 during the seven-fiscal year pe2 riod ending September 30, 2003; and

3 (3) $440,000,000 during the nine-fiscal year pe4 riod ending September 30, 2005.

5 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

6 quantities of materials authorized for disposal by the Presi7 dent under subsection (a) may not exceed the amounts set

8 forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Chrome Metal, Electrolytic ........................................................ 8,471 short tons

Cobalt ........................................................................................... 9,902,774 pounds

Columbium Carbide .................................................................... 21,372 pounds

Columbium Ferro ....................................................................... 249,395 pounds

Diamond, Bort ............................................................................ 91,542 carats

Diamond, Stone .......................................................................... 3,029,413 carats

Germanium ................................................................................. 28,207 kilograms

Indium ......................................................................................... 15,205 troy ounces

Palladium .................................................................................... 1,249,601 troy ounces

Platinum ..................................................................................... 442,641 troy ounces

Rubber ......................................................................................... 567 long tons

Tantalum, Carbide Powder ....................................................... 22,688 pounds contained

Tantalum, Minerals ................................................................... 1,748,947 pounds contained

Tantalum, Oxide ......................................................................... 123,691 pounds contained

Titanium Sponge ........................................................................ 36,830 short tons

Tungsten ...................................................................................... 76,358,235 pounds

Tungsten, Carbide ....................................................................... 2,032,942 pounds

Tungsten, Metal Powder ............................................................ 1,181,921 pounds

Tungsten, Ferro .......................................................................... 2,024,143 pounds

9 (c) MINIMIZATION OF DISRUPTION AND LOSS.—The

10 President may not dispose of materials under subsection (a)

11 to the extent that the disposal will result in—

12 (1) undue disruption of the usual markets of

13 producers, processors, and consumers of the materials

14 proposed for disposal; or

15 (2) avoidable loss to the United States.
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1 (d) TREATMENT OF RECEIPTS.—(1) Notwithstanding

2 section 9 of the Strategic and Critical Materials Stock Pil3 ing Act (50 U.S.C. 98h), funds received as a result of the

4 disposal of materials under subsection (a) shall be deposited

5 into the general fund of the Treasury and used to offset the

6 revenues lost as a result of the amendments made by sub7 section (a) of section 4303 of the National Defense Author8 ization Act for Fiscal Year 1996 (Public Law 104–106; 110

9 Stat. 658).

10 (2) This section shall be treated as qualifying offsetting

11 legislation for purposes of subsection (b) of such section

12 4303.

13 (e) RELATIONSHIP TO OTHER DISPOSAL AUTHOR14 ITY.—The disposal authority provided in subsection (a) is

15 new disposal authority and is in addition to, and shall not

16 affect, any other disposal authority provided by law regard17 ing the materials specified in such subsection.

18 (f) DEFINITION.—The term ‘‘National Defense Stock19 pile’’ means the National Defense Stockpile provided for in

20 section 4 of the Strategic and Critical Materials Stock Pil21 ing Act (50 U.S.C. 98c).

22 (g) ADDITIONAL LIMITATION.—Of the amounts listed

23 in the table in subsection (b), titanium sponge may be sold

24 only to the extent necessary to attain the level of receipts
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1 specified in subsection (a), after taking into account the es2 timated receipts from the other materials in such table.

3 TITLE XXXIV—NAVAL

4 PETROLEUM RESERVES

5 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

6 There is hereby authorized to be appropriated to the

7 Secretary of Energy $149,500,000 for fiscal year 1997 for

8 the purpose of carrying out activities under chapter 641

9 of title 10, United States Code, relating to the naval petro10 leum reserves (as defined in section 7420(2) of such title).

11 Funds appropriated pursuant to such authorization shall

12 remain available until expended.

13 TITLE XXXV—PANAMA CANAL

14 COMMISSION

15 SEC. 3501. SHORT TITLE.

16 This title may be cited as the ‘‘Panama Canal Com17 mission Authorization Act for Fiscal Year 1997’’.

18 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

19 (a) IN GENERAL.—Subject to subsection (b), the Pan20 ama Canal Commission is authorized to make such expend21 itures within the limits of funds and borrowing authority

22 available to it in accordance with law, and to make such

23 contracts and commitments, to be derived from the Panama

24 Canal Commission Revolving Fund, as may be necessary

25 under the Panama Canal Act of 1979 (22 U.S.C. 3601 et
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1 seq.) for the operation, maintenance, improvement, and ad2 ministration of the Panama Canal for fiscal year 1997.

3 (b) LIMITATIONS.—For fiscal year 1997, the Panama

4 Canal Commission may expend from funds in the Panama

5 Canal Revolving Fund not more than $73,000 for reception

6 and representation expenses, of which—

7 (1) not more than $18,000 may be used for offi8 cial reception and representation expenses of the Su9 pervisory Board of the Commission;

10 (2) not more than $10,000 may be used for offi11 cial reception and representation expenses of the Sec12 retary of the Commission; and

13 (3) not more than $45,000 may be used for offi14 cial reception and representation expenses of the Ad15 ministrator of the Commission.

16 SEC. 3503. PURCHASE OF VEHICLES.

17 Notwithstanding any provision of law relating to pur18 chase of vehicles by agencies of the Federal Government,

19 funds available to the Panama Canal Commission shall be

20 available for the purchase of, and for transportation to the

21 Republic of Panama of, passenger motor vehicles, including

22 large, heavy-duty vehicles.
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1 SEC. 3504. EXPENDITURES IN ACCORDANCE WITH OTHER

2 LAWS.

3 Expenditures authorized under this title may be made

4 only in accordance with the Panama Canal Treaties of

5 1977 and any law of the United States implementing those

6 treaties.

7 TITLE XXXVI—MISCELLANEOUS

8 PROVISION

9 SEC. 3601. SENSE OF THE SENATE REGARDING THE RE10 OPENING OF PENNSYLVANIA AVENUE.

11 (a) FINDINGS.—The Senate makes the following find12 ings:

13 (1) In 1791, President George Washington com14 missioned Pierre Charles L’Enfant to draft a blue15 print for America’s new capital city; they envisioned

16 Pennsylvania Avenue as a bold, ceremonial boulevard

17 physically linking the U.S. Capitol building and the

18 White House, and symbolically the Legislative and

19 Executive branches of government.

20 (2) An integral element of the District of Colum21 bia, Pennsylvania Avenue stood for 195 years as a

22 vital, working, unbroken roadway, elevating it into a

23 place of national importance as ‘‘America’s Main

24 Street’’.

25 (3) 1600 Pennsylvania Avenue, the White House,

26 has become America’s most recognized address and a
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1 primary destination of visitors to the Nation’s Cap2 ital; ‘‘the People’s House’’ is host to 5,000 tourists

3 daily, and 15,000,000 annually.

4 (4) As home to the President, and given its

5 prominent location on Pennsylvania Avenue and its

6 proximity to the People, the White House has become

7 a powerful symbol of freedom, openness, and an indi8 vidual’s access to their government.

9 (5) On May 20, 1995, citing possible security

10 risks from vehicles transporting terrorist bombs,

11 President Clinton ordered the Secret Service, in con12 junction with the Department of the Treasury, to

13 close Pennsylvania Avenue to vehicular traffic for two

14 blocks in front of the White House.

15 (6) While the security of the President and visi16 tors to the White House is of grave concern and is not

17 to be taken lightly, the need to assure the President’s

18 safety must be balanced with the expectation of free19 dom inherent in a democracy; the present situation is

20 tilted too heavily toward security at freedom’s ex21 pense.

22 (7) By impeding access and imposing undue

23 hardships upon tourists, residents of the District,

24 commuters, and local business owners and their cus25 tomers, the closure of Pennsylvania Avenue, under-
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1 taken without the counsel of the government of the

2 District of Columbia, has replaced the former open3 ness of the area surrounding the White House with

4 barricades, additional security checkpoints, and an

5 atmosphere of fear and distrust.

6 (8) In the year following the closure of Penn7 sylvania Avenue, the taxpayers have borne a signifi8 cant burden for additional security measures along

9 the Avenue near the White House.

10 (b) SENSE OF THE SENATE.—It is the sense of the Sen11 ate that the President should request the Department of the

12 Treasury and the Secret Service to work with the Govern13 ment of the District of Columbia to develop a plan for the

14 permanent reopening to vehicular traffic of Pennsylvania

15 Avenue in front of the White House in order to restore the

16 Avenue to its original state and return it to the people: Pro17 vided, That the Secretary of the Treasury and the Secret

18 Service certify that the plan protects the security of the peo19 ple who live and work in the White House.

Amend the title so as to read: ‘‘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,
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to prescribe personnel strengths for such fiscal year for

the Armed Forces, and for other purposes.’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3230

AMENDMENTS
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