Union Calendar No. 276

104TH CONGRESS

2D SESSION H. R. 3230

[Report No. 104–563]

A BILL

To authorize appropriations for fiscal year 1997 for

cal year 1997, and for other purposes.to prescribe military personnel strengths for fismilitary activities of the Department of Defense,

MAY 7, 1996

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 276

104TH CONGRESS

2D SESSION H. R. 3230

[Report No. 104–563]

To authorize appropriations for fiscal year 1997 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1997, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1996

Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the

following bill; which was referred to the Committee on National Security

MAY 7, 1996

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 15, 1996]

A BILL

To authorize appropriations for fiscal year 1997 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1997, and

for other purposes.

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

10 (2) Division B—Military Construction Author11 izations.

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.

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

15 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical Demilitarization Program.

Sec. 108. Defense health programs.

Subtitle B—Army Programs

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

Sec. 112. Multiyear procurement authority for Army programs.
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Subtitle C—Navy Programs

Sec. 121. Nuclear attack submarine programs.

Sec. 122. Cost limitations for Seawolf submarine program.

Sec. 123. Pulse Doppler Radar modification.

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

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

Subtitle D—Air Force Programs

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

Sec. 142. C–17 aircraft procurement.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Sec. 203. Dual-use technology programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Space launch modernization.

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

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

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

Sec. 215. Research activities of the Defense Advanced Research Projects Agency

relating to chemical and biological warfare defense technology.

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

Sec. 217. Unmanned aerial vehicles.

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

Sec. 219. Space-Based Infrared System program.

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

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

program.

Sec. 222. Nonlethal weapons research and development program.

Subtitle C—Ballistic Missile Defense Programs

Sec. 231. Funding for Ballistic Missile Defense programs for fiscal year 1997.

Sec. 232. Certification of capability of United States to defend against single ballistic missile.

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

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

through treaty-making power.

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

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

Sec. 237. ABM Treaty defined.

Sec. 238. Capability of National Missile Defense system.
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Subtitle D—Other Matters

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

Force installations.

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

Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic Guided Missile (EFOG-M) system.

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

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

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

award of certain contracts to colleges and universities.

Sec. 247. National Oceanographic Partnership Program.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Subtitle B—Depot-Level Activities

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

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

limitation on contracting for depot-level maintenance.

Subtitle C—Environmental Provisions

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

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

Sec. 323. Conservation and Readiness Program.

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

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

Sec. 326. Pilot program to test alternative technologies for limiting air emissions

during shipyard blasting and coating operations.

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

Subtitle D—Civilian Employees and Nonappropriated Fund

Instrumentality Employees

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

Government quarters are available.

Sec. 332. Voluntary separation incentive pay modification.

Sec. 333. Wage-board compensatory time off.

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

Sec. 335. Phased retirement.

Sec. 336. Modification of authority for civilian employees of Department of Defense to participate voluntarily in reductions in force.
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Subtitle E—Commissaries and Nonappropriated Fund

Instrumentalities

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

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

in commissary stores.

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

Subtitle F—Performance of Functions by Private-Sector

Sources

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

duplication services.

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

repair contracts.

Subtitle G—Other Matters

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

plan regarding improved operation of working-capital funds.

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

Fund.

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

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

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

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

Capital Region.

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

Sec. 367. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

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

transferred to National Guard.

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Permanent end strength levels to support two major regional contingencies.

Sec. 403. Authorized strengths for commissioned officers on active duty in grades

of major, lieutenant colonel, and colonel and Navy grades of

lieutenant commander, commander, and captain.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Sec. 413. End strengths for military technicians.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Personnel Management

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

period of time.

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

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

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

Department of Defense Joint Manpower Process.

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

Sec. 506. Repeal of requirement that commissioned officers be initially appointed

in a reserve grade.

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

Force.

Subtitle B—Reserve Component Matters

Sec. 511. Individual Ready Reserve activation authority.

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

Sec. 513. Clarification to definition of active status.

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

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

pilot program.

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

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

National Guard When Not in Federal Service

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

Sec. 532. General courts-martial.

Sec. 533. Special courts-martial.

Sec. 534. Summary courts-martial.

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

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

Sec. 537. Authority of military judges.

Sec. 538. Statutory reorganization.

Sec. 539. Effective date.

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

Subtitle D—Education and Training Programs

Sec. 551. Extension of maximum age for appointment as a cadet or midshipman

in the Senior Reserve Officers’ Training Corps and the service

academies.

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

program.

Sec. 553. ROTC scholarship student participation in simultaneous membership

program.

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

students.

Sec. 555. Reserve credit for members of Armed Forces Health Professions Scholarship and Financial Assistance Program.

Sec. 556. Expansion of eligibility for education benefits to include certain Reserve

Officers’ Training Corps (ROTC) participants.
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Sec. 557. Comptroller General report on cost and policy implications of permitting up to five percent of service academy graduates to be assigned directly to reserve duty upon graduation.

Subtitle E—Other Matters

Sec. 561. Hate crimes in the military.

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

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

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

United States Court of Appeals for the Armed Forces.

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

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

Armed Forces.

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

members diagnosed with HIV–1 virus.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Availability of basic allowance for quarters for certain members without

dependents who serve on sea duty.

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

pays.

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

Subtitle C—Travel and Transportation Allowances

Sec. 621. Temporary lodging expenses of member in connection with first permanent change of station.

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

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

allowance for quarters.

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

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

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

towards reserve retirement.

Sec. 632. Authority for retirement in grade in which a member has been selected

for promotion when a physical disability intervenes.

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

away from home overnight for inactive-duty training.
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Sec. 634. Retirement of reserve enlisted members who qualify for active duty retirement after administrative reduction in enlisted grade.

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

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

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

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

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

Subtitle E—Other Matters

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

to occupy Government quarters.

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

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

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

Subtitle B—TRICARE Program

Sec. 711. Definition of TRICARE program.

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

Sec. 713. Improved information exchange between military treatment facilities

and TRICARE program contractors.

Subtitle C—Uniformed Services Treatment Facilities

Sec. 721. Definitions.

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

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

Sec. 724. Enrollment of covered beneficiaries.

Sec. 725. Application of CHAMPUS payment rules.

Sec. 726. Payments for services.

Sec. 727. Repeal of superseded authorities.

Subtitle D—Other Changes to Existing Laws Regarding Health

Care Management

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

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

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

providers under CHAMPUS.

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

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

Sec. 736. Expansion of collection authorities from third-party payers.
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Subtitle E—Other Matters

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

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

Sec. 742. Exception to strength limitations for Public Health Service officers assigned to Department of Defense.

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

Sciences.

Sec. 744. Sense of Congress regarding tax treatment of Armed Forces Health Professions Scholarship and Financial Assistance program.

Sec. 745. Report regarding specialized treatment facility program.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Management

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

programs.

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

Acquisition Corps.

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

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

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

Reports.

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

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

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

Subtitle B—Other Matters

Sec. 821. Amendment to definition of national security system under Information

Technology Management Reform Act of 1995.

Sec. 822. Prohibition on release of contractor proposals under Freedom of Information Act.

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

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

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

Sec. 826. Streamlined notice requirements to contractors and employees regarding

termination or substantial reduction in contracts under major

defense programs.

Sec. 827. Repeal of notice requirements for substantially or seriously affected parties in downsizing efforts.

Sec. 828. Testing of defense acquisition programs.

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

available only from foreign countries.

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

television franchise agreements.

Sec. 831. Extension of domestic source limitation for valves and machine tools.
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

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

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

Sec. 903. Report on military department headquarters staffs.

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

Council.

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

Trade Zone Board.

Sec. 906. Membership of the Ammunition Storage Board.

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

transactions.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

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

Sec. 1004. Authorization of prior emergency supplemental appropriations for fiscal year 1996.

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

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

Subtitle B—Reports and Studies

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

Sec. 1022. Report on protection of national information infrastructure.

Sec. 1023. Report on witness interview procedures for Department of Defense

criminal investigations.

Subtitle C—Other Matters

Sec. 1031. Information systems security program.

Sec. 1032. Aviation and vessel war risk insurance.

Sec. 1033. Aircraft accident investigation boards.

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

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

soldiers who served during World War II.

Sec. 1036. Compensation for persons awarded prisoner of war medal who did not

previously receive compensation as a prisoner of war.

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

Sec. 1038. Participation of members, dependents, and other persons in crime prevention efforts at installations.

Sec. 1039. Technical and clerical amendments.

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

during fiscal year 1997.
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TITLE XI—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1101. Specification of Cooperative Threat Reduction programs.

Sec. 1102. Fiscal year 1997 funding allocations.

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

Sec. 1104. Limitation on funds.

Sec. 1105. Availability of funds.

TITLE XII—RESERVE FORCES REVITALIZATION

Sec. 1201. Short title.

Sec. 1202. Purpose.

Subtitle A—Reserve Component Structure

Sec. 1211. Reserve component commands.

Sec. 1212. Reserve component chiefs.

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

Sec. 1214. Guard and Reserve technicians.

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

Subtitle B—Reserve Component Accessibility

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

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

of reserve components.

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

reservists.

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

Subtitle C—Reserve Forces Sustainment

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

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

provide lodging in kind for members performing active duty for

training or inactive-duty training.

Sec. 1253. Sense of Congress concerning quarters allowance during service on active duty for training.

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

Sec. 1255. Commendation of Reserve Forces Policy Board.

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

TITLE XIII—ARMS CONTROL AND RELATED MATTERS

Subtitle A—Miscellaneous Matters

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

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

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

Armed Forces of antipersonnel landmines.

Sec. 1304. Department of Defense demining program.

Sec. 1305. Report on military capabilities of People’s Republic of China.
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Sec. 1306. United States-People’s Republic of China Joint Defense Conversion

Commission.

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

Sec. 1308. Review by Director of Central Intelligence of National Intelligence Estimate 95–19

Subtitle B—Commission to Assess the Ballistic Missile Threat

to the United States

Sec. 1321. Establishment of Commission.

Sec. 1322. Duties of Commission.

Sec. 1323. Report.

Sec. 1324. Powers.

Sec. 1325. Commission procedures.

Sec. 1326. Personnel matters.

Sec. 1327. Miscellaneous administrative provisions.

Sec. 1328. Funding.

Sec. 1329. Termination of the Commission.

TITLE XIV—SIKES ACT IMPROVEMENT

Sec. 1401. Short title.

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

Sec. 1403. Codification of short title of Act.

Sec. 1404. Integrated natural resource management plans.

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

plans.

Sec. 1406. Annual reviews and reports.

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

Sec. 1408. Federal enforcement of integrated natural resource management plans

and enforcement of other laws.

Sec. 1409. Natural resource management services.

Sec. 1410. Definitions.

Sec. 1411. Cooperative agreements.

Sec. 1412. Repeal of superseded provision.

Sec. 1413. Clerical amendments.

Sec. 1414. Authorizations of appropriations.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.
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Sec. 2204. Authorization of appropriations, Navy.

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

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

Meridian, Mississippi.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing planning and design.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Military housing improvement program.

Sec. 2405. Energy conservation projects.

Sec. 2406. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

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

Sec. 2705. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction and Military Family Housing

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

Sec. 2802. Authority to demolish excess facilities.

Sec. 2803. Improvements to family housing units.

Subtitle B—Defense Base Closure and Realignment

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

1988 base closure law.

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

Sec. 2813. Authority to compensate owners of manufactured housing.
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Sec. 2814. Additional purpose for which adjustment and diversification assistance

is authorized.

Sec. 2815. Payment of stipulated penalties assessed under CERCLA in connection

with Loring Air Force Base, Maine.

Subtitle C—Land Conveyances

PART I—ARMY CONVEYANCES

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

Arlington, Virginia.

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

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

PART II—NAVY CONVEYANCES

Sec. 2831. Release of condition on reconveyance of transferred land, Guam.

Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, Virginia.

Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons Industrial

Reserve Plant, Calverton, New York.

PART III—AIR FORCE CONVEYANCES

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

New Mexico.

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

PART IV—OTHER CONVEYANCES

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

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

Dakota.

Subtitle D—Other Matters

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

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

cultural resources on military installations.

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

distribution system at Youngstown Air Reserve Station, Ohio.

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

TITLE XXIX—MILITARY LAND WITHDRAWALS

Subtitle A—Fort Carson-Pinon Canyon Military Lands

Withdrawal

Sec. 2901. Short title.

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

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

Sec. 2904. Maps and legal descriptions.

Sec. 2905. Management of withdrawn lands.

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

Sec. 2907. Hunting, fishing, and trapping.

Sec. 2908. Termination of withdrawal and reservation.
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Sec. 2909. Determination of presence of contamination and effect of contamination.

Sec. 2910. Delegation.

Sec. 2911. Hold harmless.

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

Sec. 2913. Authorization of appropriations.

Subtitle B—El Centro Naval Air Facility Ranges Withdrawal

Sec. 2921. Short title and definitions.

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

Sec. 2923. Maps and legal descriptions.

Sec. 2924. Management of withdrawn lands.

Sec. 2925. Duration of withdrawal and reservation.

Sec. 2926. Continuation of ongoing decontamination activities.

Sec. 2927. Requirements for extension.

Sec. 2928. Early relinquishment of withdrawal.

Sec. 2929. Delegation of authority.

Sec. 2930. Hunting, fishing, and trapping.

Sec. 2931. Hold harmless.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL

SECURITY AUTHORIZATIONS AND OTHER

AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Defense fixed asset acquisition.

Sec. 3104. Other defense activities.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Stockpile stewardship program.

Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.

Sec. 3133. Production of high explosives.

Sec. 3134. Limitation on use of funds by laboratories for laboratory-directed research and development.
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Sec. 3135. Prohibition on funding nuclear weapons activities with People’s Republic of China.

Sec. 3136. International cooperative stockpile stewardship programs.

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

management funds.

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

nuclear weapons laboratories.

Subtitle D—Other Matters

Sec. 3141. Report on nuclear weapons stockpile memorandum.

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

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

Sec. 3144. Requirement to develop future use plans for environmental management program.

Subtitle E—Defense Nuclear Environmental Cleanup and

Management

Sec. 3151. Purpose.

Sec. 3152. Covered defense nuclear facilities.

Sec. 3153. Site manager.

Sec. 3154. Department of Energy orders.

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

Sec. 3156. Performance-based contracting.

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

cleanup demonstration areas.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Subtitle A—Authorization of Disposals and Use of Funds

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Subtitle B—Programmatic Change

Sec. 3311. Biennial report on stockpile requirements.

Sec. 3312. Notification requirements.

Sec. 3313. Importation of strategic and critical materials.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1997.

TITLE XXXV—PANAMA CANAL COMMISSION

Subtitle A—Authorization of Appropriations

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures only in accordance with Treaties.
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Subtitle B—Amendments to Panama Canal Act of 1979

Sec. 3521. Short title; references.

Sec. 3522. Definitions and recommendation for legislation.

Sec. 3523. Administrator.

Sec. 3524. Deputy Administrator and Chief Engineer.

Sec. 3525. Office of Ombudsman.

Sec. 3526. Appointment and compensation; duties.

Sec. 3527. Applicability of certain benefits.

Sec. 3528. Travel and transportation expenses.

Sec. 3529. Clarification of definition of agency.

Sec. 3530. Panama Canal Employment System; merit and other employment requirements.

Sec. 3531. Employment standards.

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

Zone Merit System.

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

Sec. 3534. Benefits based on basic pay.

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

Sec. 3536. Applicability of certain laws.

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

Sec. 3538. Administration of special disability benefits.

Sec. 3539. Panama Canal Revolving Fund.

Sec. 3540. Printing.

Sec. 3541. Accounting policies.

Sec. 3542. Interagency services; reimbursements.

Sec. 3543. Postal service.

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

Sec. 3545. Operations regulations.

Sec. 3546. Miscellaneous repeals.

Sec. 3547. Exemption.

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

Sec. 3549. Repeal of Panama Canal Code.

Sec. 3550. Miscellaneous clerical and conforming amendments.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

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

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for fis8 cal year 1997 for procurement for the Army as follows:

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

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

11 (3) For weapons and tracked combat vehicles,

12 $1,334,814,000.

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

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

15 SEC. 102. NAVY AND MARINE CORPS.

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

18 as follows:

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

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

22 (3) For shipbuilding and conversion,

23 $5,479,930,000.

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

2 be appropriated for fiscal year 1997 for procurement for

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

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

5 are hereby authorized to be appropriated for procurement

6 of ammunition for Navy and the Marine Corps in the

7 amount of $599,239,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1997 for procurement for the Air Force as follows:

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

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

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

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

15 SEC. 104. DEFENSE-WIDE ACTIVITIES.

16 Funds are hereby authorized to be appropriated for fis17 cal year 1997 for Defense-wide procurement in the amount

18 of $1,890,212,000.

19 SEC. 105. RESERVE COMPONENTS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 1997 for procurement of aircraft, vehicles, commu22 nications equipment, and other equipment for the reserve

23 components of the Armed Forces as follows:

24 (1) For the Army National Guard, $118,000,000.

25 (2) For the Air National Guard, $158,000,000.
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1 (3) For the Army Reserve, $106,000,000.

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

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

4 (6) For the Marine Corps Reserve, $83,000,000.

5 SEC. 106. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for fis7 cal year 1997 for procurement for the Inspector General of

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

9 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

10 There is hereby authorized to be appropriated for fiscal

11 year 1997 the amount of $799,847,000 for—

12 (1) the destruction of lethal chemical agents and

13 munitions in accordance with section 1412 of the De14 partment of Defense Authorization Act, 1986 (50

15 U.S.C. 1521); and

16 (2) the destruction of chemical warfare materiel

17 of the United States that is not covered by section

18 1412 of such Act.

19 SEC. 108. DEFENSE HEALTH PROGRAMS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 1997 for the Department of Defense for procure22 ment for carrying out health care programs, projects, and

23 activities of the Department of Defense in the total amount

24 of $269,470,000.
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1 Subtitle B—Army Programs

2 SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF

3 CERTAIN AIRCRAFT.

4 (a) APACHE HELICOPTERS.—Section 132 of the Na5 tional Defense Authorization Act for Fiscal Years 1990 and

6 1991 (Public Law 101–189; 103 Stat. 1383) is repealed.

7 (b) OH–58D ARMED KIOWA WARRIOR HELI8 COPTERS.—Section 133 the National Defense Authorization

9 Act for Fiscal Years 1990 and 1991 (Public Law 101–189;

10 103 Stat. 1383) is repealed.

11 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR

12 ARMY PROGRAMS.

13 (a) AVENGER AIR DEFENSE MISSILE SYSTEM.—Not14 withstanding the limitation in subsection (k) of section

15 2306b of title 10, United States Code, relating to the maxi16 mum duration of a multiyear contract under the authority

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

18 multiyear contract in effect during fiscal year 1996 for the

19 Avenger Air Defense Missile system through fiscal year 1997

20 and may award such an extension.

21 (b) ARMY TACTICAL MISSILE SYSTEM.—The Secretary

22 of the Army may, in accordance with section 2306b of title

23 10, United States Code, enter into a multiyear procurement

24 contract, beginning with the fiscal year 1997 program year,
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1 for procurement of the Army Tactical Missile System

2 (Army TACMS).

3 Subtitle C—Navy Programs

4 SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.

5 (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—

6 Of the amount authorized by section 102 to be appropriated

7 for Shipbuilding and Conversion, Navy, for fiscal year

8 1997—

9 (1) $699,071,000 is available for continued con10 struction of the third vessel (designated SSN–23) in

11 the Seawolf attack submarine class, which shall be the

12 final vessel in that class;

13 (2) $296,186,000 is available for long-lead and

14 advance construction and procurement of components

15 for construction of a submarine (previously des16 ignated by the Navy as the New Attack Submarine)

17 beginning in fiscal year 1998 to be built by Electric

18 Boat Division; and

19 (3) $504,000,000 is available for long-lead and

20 advance construction and procurement of components

21 for construction of a second submarine (previously

22 designated by the Navy as the New Attack Sub23 marine) beginning in fiscal year 1999 to be built by

24 Newport News Shipbuilding.
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1 (b) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC2 COUNT.—(1) Of the amount authorized to be appropriated

3 by section 201 for Research, Development, Test, and Eval4 uation, Navy, $489,443,000 is available for the design of

5 the submarine previously designated by the Navy as the

6 New Attack Submarine. Such funds shall be available for

7 obligation and expenditure under contracts with Electric

8 Boat Division and Newport News Shipbuilding to carry out

9 the provisions of the ‘‘Memorandum of Agreement Among

10 the Department of the Navy, Electric Boat Corporation

11 (EB) and Newport News Shipbuilding and Drydock Com12 pany (NNS) Concerning the New Attack Submarine’’, dated

13 April 5, 1996, relating to design data transfer, design im14 provements, integrated process teams, updated design base,

15 and other research and development initiatives related to

16 the design of such submarine.

17 (2)(A) Of the amount authorized to be appropriated

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

19 inclusion on future nuclear attack submarines of the spe20 cific advanced technologies that are identified by the Sec21 retary of Defense (in the report of the Secretary entitled

22 ‘‘Report on Nuclear Attack Submarine Procurement and

23 Submarine Technology’’, submitted to Congress on March

24 26, 1996) as those technologies the maturation of which the

25 Submarine Technology Assessment Panel recommended be
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1 addressed in its March 15, 1996, final report to the Assist2 ant Secretary of the Navy for Research, Development, and

3 Acquisition, as follows: hydrodynamics, alternative sail de4 signs, advanced arrays, electric drive, external weapons and

5 active controls and mounts.

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

7 $20,000,000 shall be equally divided between the two ship8 yards for the purpose of ensuring that the shipyards are

9 principal participants in the process of addressing the in10 clusion of technologies referred to in subparagraph (A). The

11 Secretary of the Navy shall ensure that those shipyards have

12 access for such purpose (under procedures prescribed by the

13 Secretary) to the Navy laboratories and the Office of Naval

14 Intelligence and (in accordance with arrangements to be

15 made by the Secretary) to the Defense Advanced Research

16 Projects Agency.

17 (3) Of the amount authorized to be appropriated by

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

19 those Category I and Category II advanced technologies de20 scribed in Appendix C of the report of the Secretary of De21 fense referred to in paragraph (2).

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

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

24 for the design improvements in accordance with subsection

25 (f), to be equally divided between the two shipyards.
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1 (5)(A) Of the amount authorized to be appropriated

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

3 design of a new, next-generation nuclear attack submarine,

4 the design of which is not intended to be an outgrowth of

5 the submarine program described in section 131 of the Na6 tional Defense Authorization Act for Fiscal Year 1996 (Pub7 lic Law 104–106; 110 Stat. 208). Those funds shall be

8 equally divided between the two shipyards and shall provide

9 alternatives to the design or designs to be derived in accord10 ance with subsection (f). The Secretary of the Navy shall

11 compete those alternative designs with the design or designs

12 to be derived in accordance with subsection (f) for serial

13 production beginning not earlier than fiscal year 2003.

14 (B) The design under subparagraph (A) should proceed

15 from, but not be limited to, the technology specified in para16 graph (2)(A), especially with respect to hydrodynamics con17 cepts and technologies. The Secretary shall require the two

18 shipyards to submit to the Secretary an annual report on

19 the progress of the design work under subparagraph (A) and

20 shall transmit each such report to the committees specified

21 in subsection (d)(1).

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

23 the Navy is authorized, using funds available pursuant to

24 paragraphs (2) and (3) of subsection (a), to enter into con25 tracts with Electric Boat Division and Newport News Ship-
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1 building, and suppliers of components, during fiscal year

2 1997 for—

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

4 the fiscal year 1998 submarine and the fiscal year

5 1999 submarine under this section; and

6 (B) advance construction of such components

7 and other components for such submarines.

8 (2) The Secretary may enter into a contract or con9 tracts under this section with the shipbuilder of the fiscal

10 year 1998 submarine only if the Secretary enters into a

11 contract or contracts under this section with the shipbuilder

12 of the fiscal year 1999 submarine.

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

14 subsection (a), not more than $50,000,000 may be obligated

15 until the Secretary of Defense certifies in writing to the

16 Committee on Armed Services of the Senate and the Com17 mittee on National Security of the House of Representatives

18 that procurement of nuclear attack submarines to be con19 structed after four submarines are procured as provided for

20 in the plan described in section 131(c) of the National De21 fense Authorization Act for fiscal year 1996 will be under

22 one or more contracts that are entered into after competi23 tion between Electric Boat Division and Newport News

24 Shipbuilding in which the Secretary of the Navy solicits
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1 competitive proposals and awards the contract or contracts

2 on the basis of best value to the Government.

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

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

5 Secretary of Defense for Acquisition and Technology sub6 mits to the congressional committees specified in paragraph

7 (1) a report in writing detailing the following:

8 (A) The Under Secretary’s oversight activities to

9 date, and plans for the future, for the development

10 and improvement of the nuclear attack submarine

11 program of the Navy as required by section

12 131(b)(2)(C) of the National Defense Authorization

13 Act for Fiscal Year 1996.

14 (B) The implementation of, and activities con15 ducted under, the program required to be established

16 by the Director of the Defense Advanced Research

17 Projects Agency by section 131(i) of the National De18 fense Authorization Act for Fiscal Year 1996 for the

19 development and demonstration of advanced sub20 marine technologies and a rapid prototype acquisi21 tion strategy for both land-based and at-sea subsystem

22 and system demonstrations of such technologies.

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

24 test, and evaluation programs, projects, or activities

25 within the Department of Defense which are designed
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1 to or which could, in the opinion of the Under Sec2 retary, contribute to the development and demonstra3 tion of advanced submarine technologies leading to a

4 more capable, more affordable nuclear attack sub5 marine, specifically identifying ongoing involvement,

6 and plans for future involvement, in any such pro7 gram, project or activity by either Electric Boat Divi8 sion, Newport News Shipbuilding, or both.

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

10 more than $50,000,000 may be obligated or expended until

11 the Under Secretary of Defense (Comptroller) certifies in

12 writing to the congressional committees specified in para13 graph (1) that the Department has complied with section

14 132 of the National Defense Authorization Act for Fiscal

15 Year 1996 and that the funds specified in paragraphs (2),

16 (3), and (4) of subsection (b), have been obligated.

17 (e) ACQUISITION SIMPLIFICATION.—(1) In furtherance

18 of the direction provided by subsection (d) of section 131

19 of the National Defense Authorization Act for Fiscal Year

20 1996 to the Secretary of Defense regarding the application

21 of acquisition reform policies and procedures to the sub22 marine program under that section, the Secretary shall di23 rect the Secretary of the Navy to implement for the sub24 marine programs of the Navy the acquisition reform initia25 tives begun by the Secretary of the Air Force in May 1995
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1 referred to as the ‘‘Lightning Bolt’’ initiatives. The Sec2 retary of the Navy shall, not later than March 31, 1997,

3 submit to the congressional committees specified in sub4 section (d)(1) a report on the results of the implementation

5 of such initiatives.

6 (f) DESIGN RESPONSIBILITY.—(1) The Secretary of the

7 Navy shall carry out the submarine program described in

8 section 131 of the National Defense Authorization Act for

9 Fiscal Year 1996 in a manner that ensures that neither

10 of the two shipyards has the lead responsibility for sub11 marine design under the program. Each of the two ship12 yards involved in the design and construction of the four

13 submarines described in that section shall be allowed to pro14 pose to the Secretary any design improvement that ship15 yard considers appropriate for the submarines to be built

16 at that shipyard as part of those four submarines. Control

17 of the configuration of each of the four submarines shall

18 be separately maintained, and there shall be no single de19 sign to compete for serial production with those designs de20 rived from the design work under subsection (b)(5), such

21 competition to occur not earlier than fiscal year 2003.

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

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

24 the design improvements proposed by the two shipyards

25 under paragraph (1) for incorporation on any of the four
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1 submarines using the funds specified in subsection (b)(4).

2 Each annual report shall set forth each design improvement

3 proposed and whether that proposal was—

4 (A) reviewed, approved, and funded by the Navy;

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

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

7 include the reasons therefor and any views of the

8 shipyard making the proposal.

9 SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE

10 PROGRAM.

11 (a) FIRST TWO SUBMARINES.—The total amount obli12 gated or expended for procurement of the first two Seawolf13 class submarines (designated as SSN–21 and SSN–22) may

14 not exceed $4,793,557,000.

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

16 or expended for procurement of the third Seawolf-class sub17 marine (designated as SSN–23) may not exceed

18 $2,430,102,000.

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

20 LIMITATION AMOUNT.—The amount of the limitation set

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

22 amounts:

23 (1) The amounts of outfitting costs and post-de24 livery costs incurred for the submarines referred to in

25 that subsection.
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1 (2) The amounts of increases in costs for those

2 submarines attributable to economic inflation after

3 September 30, 1995.

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

5 submarines attributable to compliance with changes

6 in Federal, State, or local laws enacted after Septem7 ber 30, 1995.

8 (d) AUTOMATIC INCREASE IN SSN–23 LIMITATION

9 AMOUNT.—The amount of the limitation set forth in sub10 section (b) is increased by the following amounts:

11 (1) The amounts of outfitting costs and post-de12 livery costs incurred for the submarine referred to in

13 that subsection.

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

15 submarine attributable to economic inflation after

16 September 30, 1995.

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

18 submarine attributable to compliance with changes in

19 Federal, State, or local laws enacted after September

20 30, 1995.

21 (e) REPEAL OF SUPERSEDED PROVISION.—Section

22 133 of the National Defense Authorization Act for Fiscal

23 Year 1996 (Public Law 104–106; 110 Stat. 211) is repealed.
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1 SEC. 123. PULSE DOPPLER RADAR MODIFICATION.

2 The Secretary of the Navy shall, to the extent specifi3 cally provided in an appropriations Act enacted after the

4 date of the enactment of this Act, spend $29,000,000 solely

5 for development and procurement of the Pulse Doppler Up6 grade modification to the AN/SPS–48E radar system, to

7 be derived by the Secretary from amounts appropriated for

8 Other Procurement, Navy, for fiscal years before fiscal year

9 1997 that are unobligated and remain available for

10 obligation.

11 SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED

12 FROM LIMIT ON PURCHASE OF VESSELS

13 BUILT IN FOREIGN SHIPYARDS.

14 Section 1023 of the National Defense Authorization

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

16 2838) is amended by striking out ‘‘three ships’’ and insert17 ing in lieu thereof ‘‘one ship’’.

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

19 (a) PROCUREMENT.—The Secretary of the Navy shall,

20 using funds appropriated for fiscal year 1996 for procure21 ment of T–39N trainer aircraft for the Navy that remain

22 available for obligation for such purpose, enter into a con23 tract only for the acquisition of not less than 17 T–39N

24 aircraft for naval flight officer training that are suitable

25 for low-level training flights. The Secretary shall use pro26 curement procedures authorized under section 2304(c) of
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1 title 10, United States Code, for a contract under subsection

2 (a). The Secretary shall enter into such a contract not later

3 than 15 days after the date of the enactment of this Act.

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

5 137 of the National Defense Authorization Act for Fiscal

6 Year 1996 (Public Law 104–106; 110 Stat. 212) is repealed.

7 Subtitle D—Air Force Programs

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

9 15E AIRCRAFT.

10 Section 134 of the National Defense Authorization Act

11 for Fiscal Years 1990 and 1991 (Public Law 101–189; 103

12 Stat. 1383) is repealed.

13 SEC. 142. C–17 AIRCRAFT PROCUREMENT.

14 The Secretary of the Air Force may, in accordance

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

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

17 for the procurement of a total of not more than 80 aircraft.

18 Such a contract may (notwithstanding subsection (k) of

19 such section 2306b) be entered into for a period of six pro20 gram years, beginning with fiscal year 1997.
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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, $4,669,979,000.

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

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

13 (4) For Defense-wide activities, $9,406,377,000,

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 AND APPLIED RESEARCH.

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

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

22 available for basic research and applied research projects.

23 (b) BASIC RESEARCH AND APPLIED RESEARCH DE24 FINED.—For purposes of this section, the term ‘‘basic re25 search and applied research’’ means work funded in pro-
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1 gram elements for defense research and development under

2 Department of Defense category 6.1 or 6.2.

3 SEC. 203. DUAL-USE TECHNOLOGY PROGRAMS.

4 (a) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO5 GRAMS.—The Secretary of Defense shall designate a senior

6 official in the Office of the Secretary of Defense whose sole

7 responsibility is developing policy relating to, and ensuring

8 effective implementation of, dual-use programs and the in9 tegration of commercial technologies into current and future

10 military systems for the period beginning on October 1,

11 1996, and ending on September 30, 2000. Such official shall

12 report directly to the Under Secretary of Defense for Acqui13 sition and Technology.

14 (b) FUNDING REQUIREMENT.—Of the amounts appro15 priated for the Department of Defense for science and tech16 nology programs for each of fiscal years 1997 through 2000,

17 at least the following percentages of such amounts shall be

18 available in the applicable fiscal year only for dual-use pro19 grams of the Department of Defense:

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

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

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

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

24 (c) LIMITATION ON OBLIGATIONS.—(1) Except as pro25 vided in paragraph (2), funds made available pursuant to
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1 subsection (b) may not be obligated until the senior official

2 designated under subsection (a) approves the obligation.

3 (2) Paragraph (1) does not apply with respect to funds

4 made available pursuant to subsection (b) to the Depart5 ment of the Air Force or to the Defense Advanced Research

6 Projects Agency.

7 (d) TRANSFER AUTHORITY.—The Secretary of Defense

8 may transfer funds made available pursuant to subsection

9 (b) for a dual-use program from a military department or

10 defense agency to another military department or defense

11 agency to ensure efficient implementation of the program.

12 The Secretary may delegate the authority provided in the

13 preceding sentence to the senior official designated under

14 subsection (a).

15 (e) FEDERAL COST SHARE.—(1) The share contributed

16 by the Secretary of a military department for the cost of

17 a dual-use program during the fiscal years 1997, 1998,

18 1999, and 2000 may not be greater than 50 percent.

19 (2) In calculating the share of the costs of a dual-use

20 program contributed by a military department or a non21 Government entity, the Secretaries of the military depart22 ments may not consider in-kind contributions.

23 (f) DEFINITIONS.—In this section:

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

2 a dual-use technology (as defined in section 2491

3 of title 10, United States Code) is carried out;

4 and

5 (B) the costs of which are shared between

6 the Department of Defense and non-Government

7 entities.

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

9 means a program of a military department under

10 which basic research, applied research, or advanced

11 technology development is carried out.

12 Subtitle B—Program Requirements,

13 Restrictions, and Limitations

14 SEC. 211. SPACE LAUNCH MODERNIZATION.

15 (a) ALLOCATION OF FUNDS.—Of the amount appro16 priated pursuant to the authorization in section 201(3),

17 $50,000,000 shall be available for a competitive reusable

18 launch vehicle technology program (PE 63401F).

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

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

21 the fiscal year 1997 current operating plan of the National

22 Aeronautics and Space Administration allocates at least an

23 equal amount for its Reusable Space Launch Vehicle pro24 gram.
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1 SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR2 CRAFT.

3 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

4 Secretary of Defense may exercise the waiver authority in

5 section 2366(c) of title 10, United States Code, with respect

6 to the application of survivability testing to the V–22 air7 craft system, notwithstanding that such system has entered

8 engineering and manufacturing development.

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

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

11 Congress a report explaining how the Secretary plans to

12 evaluate the survivability of the V–22 aircraft system and

13 assessing possible alternatives to realistic survivability test14 ing of the system.

15 (c) ALTERNATIVE SURVIVABILITY TESTING REQUIRE16 MENTS.—If the Secretary of Defense submits a certification

17 under section 2366(c)(2) of such title that live-fire testing

18 of the V–22 aircraft system under such section would be

19 unreasonably expensive and impractical, the Secretary

20 shall require that sufficiently large and realistic compo21 nents and subsystems that could affect the survivability of

22 the V–22 aircraft system be made available for any alter23 native live-fire testing of such system.

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

25 alternative live-fire testing of the V–22 aircraft system shall
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1 be made available from amounts appropriated for the V–

2 22 program.

3 SEC. 213. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR4 CRAFT.

5 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

6 Secretary of Defense may exercise the waiver authority in

7 section 2366(c) of title 10, United States Code, with respect

8 to the application of survivability testing to the F–22 air9 craft system, notwithstanding that such system has entered

10 engineering and manufacturing development.

11 (b) ALTERNATIVE SURVIVABILITY TESTING REQUIRE12 MENTS.—If the Secretary of Defense submits a certification

13 under section 2366(c)(2) of such title that live-fire testing

14 of the F–22 aircraft system under such section would be

15 unreasonably expensive and impractical, the Secretary of

16 Defense shall require that sufficiently large and realistic

17 components and subsystems that could affect the surviv18 ability of the F–22 aircraft system be made available for

19 any alternative live-fire testing of such system.

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

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

22 be made available from amounts appropriated for the F–

23 22 program.
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1 SEC. 214. DEMILITARIZATION OF CONVENTIONAL MUNI2 TIONS, ROCKETS, AND EXPLOSIVES.

3 (a) ESTABLISHMENT OF CONVENTIONAL MUNITIONS,

4 ROCKETS, AND EXPLOSIVES DEMILITARIZATION PRO5 GRAM.—The Secretary of Defense shall establish an inte6 grated program for the development and demonstration of

7 technologies for the demilitarization and disposal of conven8 tional munitions, rockets, and explosives in a manner that

9 complies with applicable environmental laws.

10 (b) DURATION OF PROGRAM.—The program estab11 lished pursuant to subsection (a) shall be in effect for a pe12 riod of at least five years, beginning with fiscal year 1997.

13 (c) FUNDING.—Of the amount authorized to be appro14 priated in section 201, $15,000,000 is authorized to be ap15 propriated for the program established pursuant to sub16 section (a). The funding request for the program shall be

17 set forth separately in the budget justification documents

18 for the budget of the Department of Defense for each fiscal

19 year during which the program is in effect.

20 (d) REPORTS.—The Secretary of Defense shall submit

21 to Congress a report on the plan for the program established

22 pursuant to subsection (a) at the same time the President

23 submits to Congress the budget for fiscal year 1998. The

24 Secretary shall submit an updated version of such report,

25 setting forth in detail the progress of the program, at the

26 same time the President submits the budget for each fiscal
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1 year after fiscal year 1998 during which the program is

2 in effect.

3 SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE AD4 VANCED RESEARCH PROJECTS AGENCY RE5 LATING TO CHEMICAL AND BIOLOGICAL WAR6 FARE DEFENSE TECHNOLOGY.

7 (a) AUTHORITY.—Section 1701(c) of the National De8 fense Authorization Act for Fiscal Year 1994 (Public Law

9 103–160; 107 Stat. 1853; 50 U.S.C. 1522) is amended—

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

11 and

12 (2) by adding at the end the following new para13 graph:

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

15 Projects Agency may conduct a program of basic and ap16 plied research and advanced technology development on

17 chemical and biological warfare defense technologies and

18 systems. In conducting such program, the Director shall

19 seek to avoid unnecessary duplication of the activities under

20 the program with chemical and biological warfare defense

21 activities of the military departments and defense agencies

22 and shall coordinate the activities under the program with

23 those of the military departments and defense agencies.’’.

24 (b) FUNDING.—Section 1701(d) of such Act is amend25 ed—
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1 (1) in paragraph (1), by striking out ‘‘military

2 departments’’ and inserting in lieu thereof ‘‘Depart3 ment of Defense’’;

4 (2) in paragraph (2), by inserting after ‘‘re5 quests for the program’’ in the first sentence the fol6 lowing: ‘‘(other than for activities under the program

7 conducted by the Defense Advanced Research Projects

8 Agency under subsection (c)(2))’’;

9 (3) by redesignating paragraph (3) as para10 graph (4); and

11 (4) by inserting after paragraph (2) the follow12 ing new paragraph (3):

13 ‘‘(3) The program conducted by the Defense Advanced

14 Research Projects Agency under subsection (c)(2) shall be

15 set forth as a separate program element in the budget of

16 that agency.’’.

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

18 MANNED RECONNAISSANCE AIRCRAFT.

19 (a) LIMITATION.—Effective on the date of the enact20 ment of this Act, not more than $50,000,000 (in fiscal year

21 1997 constant dollars) may be obligated or expended for—

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

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

24 tactical manned reconnaissance aircraft program;

25 and
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1 (2) costs associated with the termination of such

2 program.

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

4 shall not apply to obligations required for improvements

5 planned before the date of the enactment of this Act to incor6 porate the common data link into the F–16 tactical manned

7 reconnaissance aircraft.

8 SEC. 217. UNMANNED AERIAL VEHICLES.

9 (a) PROHIBITION.—(1) The Secretary of Defense may

10 not enter into a contract for the Joint Tactical Unmanned

11 Aerial Vehicle project, and no funds authorized to be appro12 priated by this Act may be obligated for such project, until

13 a period of 30 days has expired after the date on which

14 the Secretary of Defense submits to Congress a certification

15 that the reconnaissance programs of the Department of De16 fense—

17 (A) are justified on the basis of the projected na18 tional security threat;

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

20 determination;

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

22 and tactical reconnaissance plan;

23 (D) are affordable within the budget of the De24 partment of Defense as projected by the future-years

25 defense program; and
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1 (E) are fully programmed for in the future-years

2 defense program.

3 (2) In this subsection, the term ‘reconnaissance pro4 grams of the Department of Defense’ means programs for

5 tactical unmanned aerial vehicles, endurance unmanned

6 aerial vehicles, airborne reconnaissance, manned reconnais7 sance, and distributed common ground systems that—

8 (A) are described in the budget justification doc9 uments of the Defense Airborne Reconnaissance Office;

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

11 Department of Defense; or

12 (C) are certified as acquisition reconnaissance

13 requirements by the Joint Requirements Oversight

14 Council for the future-years defense program.

15 (b) PROCUREMENT FUNDING REQUEST.—The funding

16 request for procurement for unmanned aerial vehicles for

17 any fiscal year shall be set forth under the funding requests

18 for the military departments in the budget of the Depart19 ment of Defense.

20 (c) TRANSFER OF PROGRAM MANAGEMENT.—Program

21 management for the Predator Unmanned Aerial Vehicle,

22 and programmed funding for such vehicle for fiscal years

23 1998, 1999, 2000, 2001, and 2002 (as set forth in the future24 years defense program), shall be transferred to the Depart-
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1 ment of the Air Force, effective October 1, 1996, or the date

2 of the enactment of this Act, whichever is later.

3 (d) PROHIBITION ON PROVIDING OPERATING CAPABIL4 ITY FROM NAVAL VESSELS.—No funds authorized to be ap5 propriated by this Act may be obligated for purposes of pro6 viding the capability of the Predator Unmanned Aerial Ve7 hicle to operate from naval vessels.

8 (e) FUNDING.—Of the amounts authorized to be appro9 priated by section 201 for program element 35154D,

10 $10,000,000 shall be available only for an advanced con11 cepts technology demonstration of air-to-surface precision

12 guided munitions employment using a Predator, Hunter,

13 or Pioneer unmanned aerial vehicle and a nondevelopmen14 tal laser target designator.

15 SEC. 218. HYDRA–70 ROCKET PRODUCT IMPROVEMENT PRO16 GRAM.

17 (a) FUNDING AUTHORIZATION.—Of the amount au18 thorized to be appropriated under section 201(1) for the

19 Army for Other Missile Product Improvement Programs,

20 $15,000,000 is authorized as specified in subsection (b) for

21 completion of the Hydra–70 product improvement program

22 authorized for fiscal year 1996.

23 (b) AUTHORIZED ACTIONS.—Funding is authorized to

24 be appropriated for the following:
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1 (1) Procurement for test and flight qualification

2 of at least one nondevelopmental item 2.75-inch com3 posite rocket motor type, along with other nondevel4 opmental item candidate motors that use composite

5 propellent as the propulsion component and that have

6 passed initial insensitive munition criteria tests.

7 (2) Platform integration, including additional

8 quantities of the motor chosen for operational certifi9 cation on the Apache attack helicopter.

10 (c) DEFINITION.—In this section, the term ‘‘nondevel11 opmental item’’ has the meaning provided in section 4 of

12 the Office of Federal Procurement Policy Act (41 U.S.C.

13 403) and also includes an item the flight capability of

14 which has been demonstrated from a current Hydra–70

15 rocket launcher.

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

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

18 authorization of appropriations in section 201(3) are au19 thorized to be made available for the Space-Based Infrared

20 System program for purposes and in amounts as follows:

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

22 (2) For Space Segment Low (the Space and Mis23 sile Tracking System), $247,221,000.

24 (3) For Cobra Brass, $6,930,000.
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1 (b) LIMITATION.—None of the funds authorized under

2 subsection (a) to be made available for the Space-Based In3 frared System program may be obligated or expended until

4 the Secretary of Defense certifies to Congress that the re5 quirements of section 216(a) of Public Law 104–106 (110

6 Stat. 220) have been carried out.

7 (c) PROGRAM MANAGEMENT.—Before the submission of

8 the President’s budget for fiscal year 1998, the Secretary

9 of Defense shall conduct a review of the appropriate man10 agement responsibilities for the Space and Missile Tracking

11 System, including whether transferring such management

12 responsibility from the Air Force to the Ballistic Missile

13 Defense Organization would result in improved program ef14 ficiencies and support.

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

16 PROGRAM.

17 (a) ALLOCATION OF FUNDS.—Of the amounts author18 ized to be appropriated pursuant to the authorizations in

19 section 201, $589,069,000 shall be available only for ad20 vanced technology development for the Joint Advanced

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

22 (1) $246,833,000 shall be available only for pro23 gram element 63800N in the budget of the Depart24 ment of Defense for fiscal year 1997;
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1 (2) $263,836,000 shall be available only for pro2 gram element 63800F in the budget of the Depart3 ment of Defense for fiscal year 1997; and

4 (3) $78,400,000 shall be available only for pro5 gram element 63800E in the budget of the Depart6 ment of Defense for fiscal year 1997.

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

8 appropriated pursuant to the authorizations in section 201

9 may be used for Advanced Short Takeoff and Vertical Land10 ing aircraft development.

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

12 made available under subsection (a), up to $10,000,000

13 shall be available for the conduct of an analysis by the In14 stitutes of Defense Analysis of the following:

15 (1) The weapons systems force structure require16 ments to meet the projected threat for the period be17 ginning on January 1, 2000, and ending on Decem18 ber 31, 2025.

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

20 minimum, JAST derivative aircraft; remanufactured

21 AV–8 aircraft; F–18C/D, F–18E/F, AH–64, AH–1W,

22 F–14, F–16, F–15, F–117, and F–22 aircraft; and

23 air-to-surface and surface-to-surface weapons systems.
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1 (3) Affordability, effectiveness, commonality, and

2 roles and missions alternatives related to the alter3 native force structures analyzed under paragraph (2).

4 (d) COST REVIEW.—The cost analysis and improve5 ment group of the Office of the Secretary of Defense shall

6 review cost estimates made under the analysis conducted

7 under subsection (c) and shall provide a sensitivity analysis

8 for the alternatives evaluated under paragraphs (2) and (3)

9 of subsection (c).

10 (e) DEADLINE.—The Secretary of Defense shall submit

11 to the congressional defense committees a copy of the analy12 sis conducted under subsection (c) and the review conducted

13 under subsection (d) not later than February 1, 1997.

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

15 THEATER HIGH ENERGY LASER PROGRAM.

16 The Congress strongly supports the Joint United

17 States-Israeli Nautilus Laser/Theater High Energy Laser

18 programs and encourages the Secretary of Defense to request

19 authorization to develop these programs as agreed to on

20 April 28, 1996, in the statement of intent signed by the

21 Secretary of Defense and the Prime Minister of the State

22 of Israel.
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1 SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOP2 MENT PROGRAM.

3 Of the amounts authorized to be appropriated by sec4 tion 201 for program element 63640M, $3,000,000 shall be

5 available for the Nonlethal Weapons Research and Develop6 ment Program.

7 Subtitle C—Ballistic Missile

8 Defense Programs

9 SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO10 GRAMS FOR FISCAL YEAR 1997.

11 Of the amount appropriated pursuant to section

12 201(4), not more than $3,258,982,000 may be obligated for

13 programs managed by the Ballistic Missile Defense Organi14 zation.

15 SEC 232. CERTIFICATION OF CAPABILITY OF UNITED

16 STATES TO DEFEND AGAINST SINGLE BALLIS17 TIC MISSILE.

18 Not later than 15 days after the date of the enactment

19 of this Act, the President shall submit to Congress a certifi20 cation in writing stating specifically whether or not the

21 United States has the military capability (as of the time

22 of the certification) to intercept and destroy a single ballis23 tic missile launched at the territory of the United States.

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

25 (a) POLICY CONCERNING SYSTEMS SUBJECT TO ABM

26 TREATY.—Congress finds that, unless and until a missile
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1 defense system, system upgrade, or system component is

2 flight tested in an ABM-qualifying flight test (as defined

3 in subsection (c)), such system, system upgrade, or system

4 component—

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

6 been tested in an ABM mode nor been given capabili7 ties to counter strategic ballistic missiles; and

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

9 limitation, or obligation under the ABM Treaty.

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

11 Department of Defense may not be obligated or expended

12 for the purpose of—

13 (A) prescribing, enforcing, or implementing any

14 Executive order, regulation, or policy that would

15 apply the ABM Treaty (or any limitation or obliga16 tion under such Treaty) to research, development,

17 testing, or deployment of a theater missile defense sys18 tem, a theater missile defense system upgrade, or a

19 theater missile defense system component; or

20 (B) taking any other action to provide for the

21 ABM Treaty (or any limitation or obligation under

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

23 testing, or deployment of a theater missile defense sys24 tem, a theater missile defense system upgrade, or a

25 theater missile defense system component.
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1 (2) This subsection applies with respect to each missile

2 defense system, missile defense system upgrade, or missile

3 defense system component that is capable of countering

4 modern theater ballistic missiles.

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

6 to a missile defense system, missile defense system upgrade,

7 or missile defense system component when that system, sys8 tem upgrade, or system component has been flight tested

9 in an ABM-qualifying flight test.

10 (c) ABM-QUALIFYING FLIGHT TEST DEFINED.—For

11 purposes of this section, an ABM-qualifying flight test is

12 a flight test against a ballistic missile which, in that flight

13 test, exceeds (1) a range of 3,500 kilometers, or (2) a velocity

14 of 5 kilometers per second.

15 SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF

16 THE ABM TREATY BE DONE ONLY THROUGH

17 TREATY-MAKING POWER.

18 Any addition of a new signatory party to the ABM

19 Treaty (in addition to the United States and the Russian

20 Federation) constitutes an amendment to the treaty that

21 can only be agreed to by the United States through the trea22 ty-making power of the United States. No funds appro23 priated or otherwise available for any fiscal year may be

24 obligated or expended for the purpose of implementing or

25 making binding upon the United States the participation
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1 of any additional nation as a party to the ABM Treaty

2 unless that nation is made a party to the treaty by an

3 amendment to the Treaty that is made in the same manner

4 as the manner by which a treaty is made.

5 SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND

6 PROLIFERATION.

7 The Secretary of Defense shall submit to Congress a

8 report on ballistic missile defense and the proliferation of

9 weapons of mass destruction, including nuclear, chemical,

10 and biological weapons, and the missiles that can be used

11 to deliver them. The report shall be submitted not later than

12 December 31, 1996, and shall include the following:

13 (1) An assessment of how United States theater

14 missile defenses contribute to United States efforts to

15 prevent proliferation, including an evaluation of the

16 specific effect United States theater missile defense

17 systems can have on dissuading other states from ac18 quiring ballistic missiles.

19 (2) An assessment of how United States national

20 missile defenses contribute to United States efforts to

21 prevent proliferation.

22 (3) An assessment of the effect of the lack of na23 tional missile defenses on the desire of other states to

24 acquire ballistic missiles and an evaluation of the
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1 types of missiles other states might seek to acquire as

2 a result.

3 (4) A detailed review of the linkages between

4 missile defenses (both theater and national) and each

5 of the categories of counterproliferation activities

6 identified by the Secretary of Defense as part of the

7 Defense Counterproliferation Initiative announced by

8 the Secretary in December 1993.

9 (5) A description of how theater and national

10 ballistic missile defenses can augment the effectiveness

11 of other counterproliferation tools.

12 SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC

13 MISSILE DEFENSE PROGRAM.

14 Section 224(b) of the National Defense Authorization

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

16 is amended—

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

18 (10);

19 (2) by redesignating paragraphs (5) and (6) as

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

21 (3) by redesignating paragraph (7) as para22 graph (5) and in that paragraph by striking out ‘‘of

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

24 (4) by redesignating paragraph (8) as para25 graph (6); and
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1 (5) by redesignating paragraph (9) as para2 graph (7) and in that paragraph—

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

4 in subparagraph (A);

5 (B) by striking out subparagraphs (C)

6 through (F); and

7 (C) by redesignating subparagraph (G) as

8 subparagraph (C).

9 SEC. 237. ABM TREATY DEFINED.

10 For purposes of this subtitle, the term ‘‘ABM Treaty’’

11 means the Treaty Between the United States of America

12 and the Union of Soviet Socialist Republics on the Limita13 tion of Anti-Ballistic Missile Systems, and signed at Mos14 cow on May 26, 1972, and includes the Protocols to that

15 Treaty, signed at Moscow on July 3, 1974.

16 SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYS17 TEM.

18 The Secretary of Defense shall ensure that any Na19 tional Missile Defense system deployed by the United States

20 is capable of defeating the threat posed by the Taepo Dong

21 II missile of North Korea.
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1 Subtitle D—Other Matters

2 SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR MAIN3 TENANCE AND REPAIR AT AIR FORCE INSTAL4 LATIONS.

5 The Secretary of the Air Force shall apply uniform

6 procedures and criteria to allocate funds authorized to be

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

8 for maintenance and repair of real property at military

9 installations of the Department of the Air Force.

10 SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS

11 INNOVATION RESEARCH PROGRAM.

12 (a) MANAGEMENT AND EXECUTION BY PROGRAM MAN13 AGER.—The Secretary of Defense, in conducting within the

14 Department of Defense the Small Business Innovation Re15 search Program (as defined by section 2491(13) of title 10,

16 United States Code), shall ensure that the Program is man17 aged and executed, for each program element for research

18 and development for which $20,000,000 or more is author19 ized for a fiscal year, by the program manager for that ele20 ment.

21 (b) REPORT.—Not later than March 30, 1997, the

22 Comptroller General shall submit to Congress and to the

23 Secretary of Defense a report setting forth an assessment

24 of whether there has been a demonstrable reduction in the

25 quality of research performed under funding agreements
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1 awarded by the Department of Defense under the Small

2 Business Innovation Research Program since fiscal year

3 1995.

4 SEC. 243. EXTENSION OF DEADLINE FOR DELIVERY OF EN5 HANCED FIBER OPTIC GUIDED MISSILE

6 (EFOG–M) SYSTEM.

7 Section 272(a)(2) of the National Defense Authoriza8 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

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

10 1998,’’ and inserting in lieu thereof ‘‘September 30, 1999,’’.

11 SEC. 244. AMENDMENT TO UNIVERSITY RESEARCH INITIA12 TIVE SUPPORT PROGRAM.

13 Section 802(c) of the National Defense Authorization

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

15 1701; 10 U.S.C. 2358 note) is amended by striking out ‘‘fis16 cal years before the fiscal year in which the institution sub17 mits a proposal’’ and inserting in lieu thereof ‘‘most recent

18 fiscal years for which complete statistics are available when

19 proposals are requested’’.

20 SEC. 245. AMENDMENTS TO DEFENSE EXPERIMENTAL PRO21 GRAM TO STIMULATE COMPETITIVE RE22 SEARCH.

23 Section 257(d) of the National Defense Authorization

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

25 2705; 10 U.S.C. 2358 note) is amended—
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1 (1) in paragraph (1)—

2 (A) by striking out ‘‘Director of the Na3 tional Science Foundation’’ and inserting in lieu

4 thereof ‘‘Under Secretary of Defense for Acquisi5 tion and Technology’’; and

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

7 Director of Defense Research and Engineering of

8 the States so designated’’; and

9 (2) in paragraph (2)—

10 (A) by striking out ‘‘Director of the Na11 tional Science Foundation’’ and inserting in lieu

12 thereof ‘‘Under Secretary of Defense for Acquisi13 tion and Technology’’;

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

15 Director’’ and inserting in lieu thereof ‘‘as deter16 mined by the Under Secretary’’;

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

18 ‘‘(to be determined in consultation with the Sec19 retary of Defense);’’ and inserting in lieu thereof

20 ‘‘; and’’;

21 (D) by striking out ‘‘; and’’ at the end of

22 subparagraph (B) and inserting in lieu thereof a

23 period; and

24 (E) by striking out subparagraph (C).
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1 SEC. 246. ELIMINATION OF REPORT ON THE USE OF COM2 PETITIVE PROCEDURES FOR THE AWARD OF

3 CERTAIN CONTRACTS TO COLLEGES AND UNI4 VERSITIES.

5 Section 2361 of title 10, United States Code, is amend6 ed by striking out subsection (c).

7 SEC. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO8 GRAM.

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

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

11 States are among the Nation’s most valuable natural

12 resources, making substantial contributions to eco13 nomic growth, quality of life, and national security.

14 (2) Oceans drive global and regional climate.

15 Hence, they contain information affecting agriculture,

16 fishing, and the prediction of severe weather.

17 (3) Understanding of the oceans through basic

18 and applied research is essential for using the oceans

19 wisely and protecting their limited resources. There20 fore, the United States should maintain its world

21 leadership in oceanography as one key to its competi22 tive future.

23 (4) Ocean research and education activities take

24 place within Federal agencies, academic institutions,

25 and industry. These entities often have similar re-
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1 quirements for research facilities, data, and other re2 sources (such as oceanographic research vessels).

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

4 coordinate existing partnerships and establish new

5 partnerships for the sharing of resources, intellectual

6 talent, and facilities in the ocean sciences and edu7 cation, so that optimal use can be made of this most

8 important natural resource for the well-being of all

9 Americans.

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

11 United States Code, is amended by adding 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. Ocean Research Partnership Coordinating Group.

‘‘7904. Ocean Research Advisory Panel.

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, academia, indus8 try, and other members of the oceanographic sci9 entific community in the areas of data, re10 sources, education, and communication; and

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

12 program.

13 ‘‘§ 7902. National Ocean Research Leadership Council

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

15 Leadership Council (hereinafter in this chapter referred to

16 as the ‘Council’).

17 ‘‘(b) MEMBERSHIP.—The Council is composed of the

18 following members:

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

20 Chairman of the Council.

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

22 and Atmospheric Administration, who shall be the

23 Vice Chairman of the Council.

24 ‘‘(3) The Director of the National Science Foun25 dation.
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1 ‘‘(4) The Administrator of the National Aero2 nautics and Space Administration.

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

4 ‘‘(6) The Administrator of the Environmental

5 Protection Agency.

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

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

8 Department of the Interior.

9 ‘‘(9) The Director of the Defense Advanced Re10 search Projects Agency.

11 ‘‘(10) The Director of the Minerals Management

12 Service of the Department of the Interior.

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

14 Sciences, the President of the National Academy of

15 Engineering, and the President of the Institute of

16 Medicine.

17 ‘‘(12) The Director of the Office of Science and

18 Technology.

19 ‘‘(13) The Director of the Office of Management

20 and Budget.

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

22 from among individuals who will represent the views

23 of ocean industries.
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1 ‘‘(15) One member appointed by the Chairman

2 from among individuals who will represent the views

3 of State governments.

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

5 from among individuals who will represent the views

6 of academia.

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

8 from among individuals who will represent such other

9 views as the Chairman considers appropriate.

10 ‘‘(c) TERM OF OFFICE.—The term of office of a mem11 ber of the Council appointed under paragraph (14), (15),

12 (16), or (17) of subsection (b) shall be two years, except

13 that any person appointed to fill a vacancy occurring before

14 the expiration of the term for which his predecessor was

15 appointed shall be appointed for the remainder of such

16 term.

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

18 following responsibilities:

19 ‘‘(1) To establish the Ocean Research Partner20 ship Coordinating Group as provided in section 7903.

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

22 Panel as provided in section 7904.

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

24 pursuant to subsection (e).
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1 ‘‘(e) ANNUAL REPORT.—Not later than March 1 of

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

3 on the National Oceanographic Partnership Program. The

4 report shall contain the following:

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

6 carried out during the fiscal year before the fiscal

7 year in which the report is prepared. The description

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

9 Research Partnership Coordinating Group, the Ocean

10 Research Advisory Panel, and any working groups in

11 existence during the fiscal year covered.

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

13 for the program during the fiscal year in which the

14 report is prepared.

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

16 fiscal year before the fiscal year in which the report

17 is prepared and projects expected to be started during

18 the fiscal year in which the report is prepared and

19 during the following fiscal year.

20 ‘‘(4) A description of the involvement of the pro21 gram with Federal interagency coordinating entities.

22 ‘‘(5) The amounts requested, in the budget sub23 mitted to Congress pursuant to section 1105(a) of title

24 31 for the fiscal year following the fiscal year in

25 which the report is prepared, for the programs,
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1 projects, and activities of the program and the esti2 mated expenditures under such programs, projects,

3 and activities during such following fiscal year.

4 ‘‘§ 7903. Ocean Research Partnership Coordinating

5 Group

6 ‘‘(a) ESTABLISHMENT.—The Council shall establish an

7 entity to be known as the ‘Ocean Research Partnership Co8 ordinating Group’ (hereinafter in this chapter referred to

9 as the ‘Coordinating Group’).

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

11 consist of members appointed by the Council, with one

12 member appointed from each Federal department or agency

13 having an oceanographic research or development program.

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

15 Chairman of the Coordinating Group.

16 ‘‘(d) RESPONSIBILITIES.—Subject to the authority, di17 rection, and control of the Council, the Coordinating Group

18 shall have the following responsibilities:

19 ‘‘(1) To prescribe policies and procedures to im20 plement the National Oceanographic Partnership Pro21 gram.

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

23 funds for partnership projects for implementation

24 under the program, based on the following criteria:
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1 ‘‘(A) Whether the project addresses critical

2 research objectives or operational goals, such as

3 data accessibility and quality assurance, sharing

4 of resources, education, or communication.

5 ‘‘(B) Whether the project has broad partici6 pation within the oceanographic community.

7 ‘‘(C) Whether the partners have a long-term

8 commitment to the objectives of the project.

9 ‘‘(D) Whether the resources supporting the

10 project are shared among the partners.

11 ‘‘(E) Whether the project has been subjected

12 to adequate peer review.

13 ‘‘(3) To promote participation in partnership

14 projects by each Federal department and agency in15 volved with oceanographic research and development

16 by publicizing the program and by prescribing guide17 lines for participation in the program.

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

19 pursuant to subsection (i).

20 ‘‘(e) PARTNERSHIP PROGRAM OFFICE.—The Coordi21 nating Group shall establish, using competitive procedures,

22 and oversee a partnership program office to carry out such

23 duties as the Chairman of the Coordinating Group consid24 ers appropriate to implement the National Oceanographic

25 Partnership Program, including the following:
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1 ‘‘(1) To establish and oversee working groups to

2 propose partnership projects to the Coordinating

3 Group and advise the Group on such projects.

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

5 projects proposed to the Coordinating Group and

6 competitions for projects selected by the Group.

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

8 annual report on the status of all partnership projects

9 and activities of the office.

10 ‘‘(f) CONTRACT AND GRANT AUTHORITY.—The Coordi11 nating Group may authorize one or more of the depart12 ments or agencies represented in the Group to enter into

13 contracts and make grants, using funds appropriated pur14 suant to an authorization for the National Oceanographic

15 Partnership Program, for the purpose of implementing the

16 program and carrying out the Coordinating Group’s re17 sponsibilities.

18 ‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner19 ship projects selected by the Coordinating Group may be

20 in any form that the Coordinating Group considers appro21 priate, including memoranda of understanding, demonstra22 tion projects, cooperative research and development agree23 ments, and similar instruments.

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

25 each year, the Coordinating Group shall submit to the
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1 Council a report on the National Oceanographic Partner2 ship Program. The report shall contain, at a minimum,

3 copies of any recommendations or reports to the Coordinat4 ing Group by the Ocean Research Advisory Panel.

5 ‘‘§ 7904. Ocean Research Advisory Panel

6 ‘‘(a) ESTABLISHMENT.—The Council shall appoint an

7 Ocean Research Advisory Panel (hereinafter in this chapter

8 referred to as the ‘Advisory Panel’) consisting of not less

9 than 10 and not more than 18 members.

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

11 shall be appointed from among persons who are eminent

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

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

14 interests of government, academia, and industry.

15 ‘‘(c) RESPONSIBILITIES.—(1) The Coordinating Group

16 shall refer to the Advisory Panel, and the Advisory Panel

17 shall review, each proposed partnership project estimated

18 to cost more than $500,000. The Advisory Panel shall make

19 any recommendations to the Coordinating Group that the

20 Advisory Panel considers appropriate regarding such

21 projects.

22 ‘‘(2) The Advisory Panel shall make any recommenda23 tions to the Coordinating Group regarding activities that

24 should be addressed by the National Oceanographic Part-
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1 nership Program that the Advisory Panel considers appro2 priate.’’.

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

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

5 part IV of such subtitle, are each amended by inserting after

6 the item relating to chapter 663 the following:

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

7 (c) INITIAL APPOINTMENTS OF COUNCIL MEMBERS.—

8 The Secretary of the Navy shall make the appointments re9 quired by section 7902(b) of title 10, United States Code,

10 as added by subsection (b)(1), not later than December 1,

11 1996.

12 (d) INITIAL APPOINTMENTS OF ADVISORY PANEL

13 MEMBERS.—The National Ocean Research Leadership

14 Council established by section 7902 of title 10, United

15 States Code, as added by subsection (b)(1), shall make the

16 appointments required by section 7904 of such title not

17 later than January 1, 1997.

18 (e) FIRST ANNUAL REPORT OF NATIONAL OCEAN RE19 SEARCH LEADERSHIP COUNCIL.—The first annual report

20 required by section 7902(e) of title 10, United States Code,

21 as added by subsection (b)(1), shall be submitted to Congress

22 not later than March 1, 1997. The first report shall include,

23 in addition to the information required by such section, in24 formation about the terms of office, procedures, and respon-
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1 sibilities of the Ocean Research Advisory Panel established

2 by the Council.

3 (f) AUTHORIZATION.—Of the amount authorized to be

4 appropriated to the Department of Defense in section 201,

5 $30,000,000 is authorized for the National Oceanographic

6 Partnership Program established pursuant to section 7901

7 of title 10, United States Code, as added by subsection

8 (b)(1).

9 (g) REQUIRED FUNDING FOR PROGRAM OFFICE.—Of

10 the amount appropriated for the National Oceanographic

11 Partnership Program for fiscal year 1997, at least

12 $500,000, or 3 percent of the amount appropriated, which13 ever is greater, shall be available for operations of the part14 nership program office established pursuant to section

15 7903(e) of title 10, United States Code, for such fiscal year.

16 TITLE III—OPERATION AND

17 MAINTENANCE

18 Subtitle A—Authorization of

19 Appropriations

20 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

21 Funds are hereby authorized to be appropriated for fis22 cal year 1997 for the use of the Armed Forces and other

23 activities and agencies of the Department of Defense for ex24 penses, not otherwise provided for, for operation and main25 tenance, in amounts as follows:
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1 (1) For the Army, $18,436,929,000.

2 (2) For the Navy, $20,433,797,000.

3 (3) For the Marine Corps, $2,524,677,000.

4 (4) For the Air Force, $17,982,955,000.

5 (5) For Defense-wide activities, $10,375,368,000.

6 (6) For the Army Reserve, $1,155,436,000.

7 (7) For the Naval Reserve, $858,927,000.

8 (8) For the Marine Corps Reserve, $106,467,000.

9 (9) For the Air Force Reserve, $1,504,553,000.

10 (10) For the Army National Guard,

11 $2,297,477,000.

12 (11) For the Air National Guard,

13 $2,688,473,000.

14 (12) For the Defense Inspector General,

15 $136,501,000.

16 (13) For the United States Court of Appeals for

17 the Armed Forces, $6,797,000.

18 (14) For Environmental Restoration, Defense,

19 $1,333,016,000.

20 (15) For Drug Interdiction and Counter-drug

21 Activities, Defense-wide, $682,724,000.

22 (16) For Medical Programs, Defense,

23 $9,831,288,000.

24 (17) For Cooperative Threat Reduction pro25 grams, $302,900,000.
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1 (18) For Overseas Humanitarian, Disaster, and

2 Civic Aid programs, $60,544,000.

3 (19) For payment to Kaho’olawe Island,

4 $10,000,000.

5 SEC. 302. WORKING CAPITAL FUNDS.

6 Funds are hereby authorized to be appropriated for fis7 cal year 1997 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 providing capital for working capital and revolving funds

10 in amounts as follows:

11 (1) For the Defense Business Operations Fund,

12 $947,900,000.

13 (2) For the National Defense Sealift Fund,

14 $1,123,002,000.

15 SEC. 303. ARMED FORCES RETIREMENT HOME.

16 There is hereby authorized to be appropriated for fiscal

17 year 1997 from the Armed Forces Retirement Home Trust

18 Fund the sum of $57,300,000 for the operation of the Armed

19 Forces Retirement Home, including the United States Sol20 diers’ and Airmen’s Home and the Naval Home.

21 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

22 TRANSACTION FUND.

23 (a) TRANSFER AUTHORITY.—To the extent provided in

24 appropriations Acts, not more than $250,000,000 is author25 ized to be transferred from the National Defense Stockpile
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1 Transaction Fund to operation and maintenance accounts

2 for fiscal year 1997 in amounts as follows:

3 (1) For the Army, $83,334,000.

4 (2) For the Navy, $83,333,000.

5 (3) For the Air Force, $83,333,000.

6 (b) TREATMENT OF TRANSFERS.—Amounts trans7 ferred under this section—

8 (1) shall be merged with, and be available for the

9 same purposes and the same period as, the amounts

10 in the accounts to which transferred; and

11 (2) may not be expended for an item that has

12 been denied authorization of appropriations by Con13 gress.

14 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR15 ITY.—The transfer authority provided in this section is in

16 addition to the transfer authority provided in section 1001.

17 Subtitle B—Depot-Level Activities

18 SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DE19 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

20 DEFENSE-RELATED PRODUCTION AND SERV21 ICES.

22 Section 1425(e) of the National Defense Authorization

23 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

24 1684) is amended by striking out ‘‘September 30, 1996’’

25 and inserting in lieu thereof ‘‘September 30, 1997’’.
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1 SEC. 312. EXCLUSION OF LARGE MAINTENANCE AND RE2 PAIR PROJECTS FROM PERCENTAGE LIMITA3 TION ON CONTRACTING FOR DEPOT-LEVEL

4 MAINTENANCE.

5 Section 2466 of title 10, United States Code, is amend6 ed by inserting after subsection (a) the following new sub7 section:

8 ‘‘(b) TREATMENT OF CERTAIN LARGE PROJECTS.—If

9 a single maintenance or repair project contracted for per10 formance by non-Federal Government personnel accounts

11 for five percent or more of the funds made available in a

12 fiscal year to a military department or a Defense Agency

13 for depot-level maintenance and repair workload, the

14 project and the funds necessary for the project shall not be

15 considered when applying the percentage limitation speci16 fied in subsection (a) to that military department or De17 fense Agency.’’.

18 Subtitle C—Environmental

19 Provisions

20 SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIM21 BURSEMENT COSTS.

22 Section 2706 of title 10, United States Code, is amend23 ed—

24 (1) by striking out subsection (c); and

25 (2) by redesignating subsection (d) as subsection

26 (c).
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1 SEC. 322. PAYMENTS OF STIPULATED PENALTIES ASSESSED

2 UNDER CERCLA.

3 The Secretary of Defense may pay, from funds appro4 priated pursuant to section 301(14), the following:

5 (1) Stipulated civil penalties, to the Hazardous

6 Substance Superfund established under section 9507

7 of the Internal Revenue Code of 1986, in amounts as

8 follows:

9 (A) Not more than $34,000 assessed against

10 the United States Army at Fort Riley, Kansas,

11 under the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980

13 (42 U.S.C. 9601 et seq.).

14 (B) Not more than $55,000 assessed against

15 the Massachusetts Military Reservation, Massa16 chusetts, under such Act.

17 (C) Not more than $10,000 assessed against

18 the F.E. Warren Air Force Base, Wyoming,

19 under such Act.

20 (D) Not more than $30,000 assessed against

21 the Naval Education and Training Center, New22 port, Rhode Island, under such Act.

23 (E) Not more than $37,500 assessed against

24 Lake City Army Ammunition Plant, under such

25 Act.
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1 (2) Not more than $500,000 to carry out two en2 vironmental restoration projects, as part of a nego3 tiated agreement in lieu of stipulated penalties as4 sessed under the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9601 et seq.) against the Massachusetts Mili7 tary Reservation, Massachusetts.

8 SEC. 323. CONSERVATION AND READINESS PROGRAM.

9 (a) ESTABLISHMENT.—The Secretary of Defense may

10 establish and carry out a program to be known as the ‘‘Con11 servation and Readiness Program’’.

12 (b) PURPOSE.—The purpose of the Conservation and

13 Readiness Program is to conduct and manage in a coordi14 nated manner those conservation and cultural activities

15 that have regional, multicomponent, or Department of De16 fense-wide significance and are necessary to meet legal re17 quirements or to support military operations. These activi18 ties include the following:

19 (1) The development of ecosystem-wide land

20 management plans.

21 (2) The conduct of wildlife studies to ensure the

22 safety of military operations.

23 (3) The identification and return of Native

24 American human remains and cultural items in the

25 possession or control of the Department of Defense, or
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1 discovered on land under the jurisdiction of the De2 partment of Defense, to the appropriate Native Amer3 ican tribes.

4 (4) The control of invasive species that may

5 hinder military activities or degrade military train6 ing ranges.

7 (5) The establishment of a regional curation sys8 tem for artifacts found on military installations.

9 (c) COOPERATIVE AGREEMENTS AND GRANTS.—The

10 Secretary of Defense may negotiate and enter into coopera11 tive agreements with, and award grants to, public and pri12 vate agencies, organizations, institutions, individuals, or

13 other entities to carry out the Conservation and Readiness

14 Program.

15 (d) EFFECT ON OTHER LAWS.—Nothing in this section

16 shall be construed or interpreted as preempting any other17 wise applicable Federal, State, or local law or regulation

18 relating to the management of natural and cultural re19 sources on military installations.

20 SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID

21 WASTE CONTROL REQUIREMENTS.

22 (a) AMENDMENT TO THE ACT TO PREVENT POLLUTION

23 FROM SHIPS.—Subsection (c) of section 3 of the Act to Pre24 vent Pollution from Ships (33 U.S.C. 1902(c)) is amend25 ed—
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1 (1) in paragraph (1), by inserting ‘‘, except as

2 provided in paragraphs (4) and (5) of this sub3 section’’ before the period at the end;

4 (2) by striking out paragraph (4); and

5 (3) by adding at the end the following new para6 graphs:

7 ‘‘(4) A vessel owned or operated by the Department

8 of the Navy for which the Secretary of the Navy determines

9 under the compliance plan submitted under paragraph (2)

10 that, due to unique military design, construction, manning,

11 or operating requirements, full compliance with paragraph

12 (1) would not be technologically feasible, would impair the

13 vessel’s operations, and would impair the vessel’s oper14 ational capability, is authorized to discharge garbage con15 sisting of either of the following:

16 ‘‘(A) A slurry of seawater, paper, cardboard, and

17 food waste that does not contain more than the mini18 mum amount practicable of plastic, if such slurry is

19 discharged not less than 3 nautical miles from the

20 nearest land and is capable of passing through a

21 screen with openings of no greater than 12 millime22 ters.

23 ‘‘(B) Metal and glass garbage that has been

24 shredded and bagged to ensure negative buoyancy and
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1 is discharged not less than 12 nautical miles from the

2 nearest land.

3 ‘‘(5) Not later than December 31, 2000, the Secretary

4 of the Navy shall publish in the Federal Register—

5 ‘‘(A) a list of those surface ships planned to be

6 decommissioned between January 1, 2001, and De7 cember 31, 2005; and

8 ‘‘(B) standards to ensure, so far as is reasonable

9 and practicable, without impairing the operations or

10 operational capabilities of such ships, that such ships

11 act in a manner consistent with the special area re12 quirements of Regulation 5 of Annex V to the Conven13 tion.’’.

14 (b) GOAL TO ACHIEVE FULL COMPLIANCE.—It shall

15 be the goal of the Secretary of the Navy to achieve full com16 pliance with Annex V to the International Convention for

17 the Prevention of Pollution from Ships, 1973, as soon as

18 practicable.

19 SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND

20 USE PLANS FOR DEFENSE ENVIRONMENTAL

21 RESTORATION PROGRAM.

22 (a) AUTHORITY.—The Secretary of Defense may, to the

23 extent possible and practical, develop and implement, as

24 part of the Defense Environmental Restoration Program

25 provided for in chapter 160 of title 10, United States Code,
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1 a land use plan for any defense site selected by the Secretary

2 under subsection (b).

3 (b) SELECTION OF SITES.—The Secretary may select

4 up to 10 defense sites, from among sites where the Secretary

5 is planning or implementing environmental restoration ac6 tivities, for which land use plans may be developed under

7 this section.

8 (c) REQUIREMENT TO CONSULT WITH REVIEW COM9 MITTEE OR ADVISORY BOARD.—In developing a land use

10 plan under this section, the Secretary of Defense shall con11 sult with a technical review committee established pursuant

12 to section 2705(c) of title 10, United States Code, a restora13 tion advisory board established pursuant to section 2705(d)

14 of such title, a local land use redevelopment authority, or

15 another appropriate State agency.

16 (d) 50-YEAR PLANNING PERIOD.—A land use plan de17 veloped under this section shall cover a period of at least

18 50 years.

19 (e) IMPLEMENTATION.—For each defense site for which

20 the Secretary develops a land use plan under this section,

21 the Secretary shall take into account the land use plan in

22 selecting and implementing, in accordance with applicable

23 law, environmental restoration activities at the site.

24 (f) DEADLINES.—For each defense site for which the

25 Secretary of Defense intends to develop a land use plan
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1 under this section, the Secretary shall develop a draft land

2 use plan by October 1, 1997, and a final land use plan

3 by March 15, 1998.

4 (g) DEFINITION OF DEFENSE SITE.—For purposes of

5 this section, the term ‘‘defense site’’ means (A) any building,

6 structure, installation, equipment, pipe or pipeline (includ7 ing any pipe into a sewer or publicly owned treatment

8 works), well, pit, pond, lagoon, impoundment, ditch, land9 fill, storage container, motor vehicle, rolling stock, or air10 craft under the jurisdiction of the Department of Defense,

11 or (B) any site or area under the jurisdiction of the Depart12 ment of Defense where a hazardous substance has been de13 posited, stored, disposed of, or placed, or otherwise come to

14 be located; but does not include any consumer product in

15 consumer use or any vessel.

16 (h) REPORT.—Not later than December 31, 1998, the

17 Secretary of Defense shall submit to Congress a report on

18 the land use plans developed under this section and the ef19 fect such plans have had on environmental restoration ac20 tivities at the defense sites where they have been imple21 mented. The report shall include recommendations on

22 whether such land use plans should be developed and imple23 mented throughout the Department of Defense.

24 (h) SAVINGS PROVISIONS.—(1) Nothing in this section

25 or in a land use plan developed under this section with
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1 respect to a defense site shall be construed as requiring any

2 modification to a land use plan that was developed before

3 the date of the enactment of this Act.

4 (2) Nothing in this section may be construed to affect

5 statutory requirements for an environmental restoration or

6 waste management activity or project or to modify or other7 wise affect applicable statutory or regulatory environmental

8 restoration and waste management requirements, including

9 substantive standards intended to protect public health and

10 the environment, nor shall anything in this section be con11 strued to preempt or impair any local land use planning

12 or zoning authority or State authority.

13 SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECH14 NOLOGIES FOR LIMITING AIR EMISSIONS

15 DURING SHIPYARD BLASTING AND COATING

16 OPERATIONS.

17 (a) PILOT PROGRAM.—The Secretary of the Navy shall

18 establish a pilot program to test an alternative technology

19 designed to capture and destroy or remove particulate emis20 sions and volatile air pollutants that occur during abrasive

21 blasting and coating operations at naval shipyards. In con22 ducting the test, the Secretary shall seek to demonstrate

23 whether the technology is valid, cost effective, and in com24 pliance with environmental laws and regulations.
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1 (b) REPORT.—Upon completion of the test conducted

2 under the pilot program, the Secretary of the Navy shall

3 submit to the Committee on Armed Services of the Senate

4 and the Committee on National Security of the House of

5 Representatives a report setting forth in detail the results

6 of the test. The report shall include recommendations on

7 whether the alternative technology merits implementation

8 at naval shipyards and such other recommendations as the

9 Secretary considers appropriate.

10 SEC. 327. NAVY PROGRAM TO MONITOR ECOLOGICAL EF11 FECTS OF ORGANOTIN.

12 (a) MONITORING REQUIREMENT.—The Secretary of

13 the Navy shall, in consultation with the Administrator of

14 the Environmental Protection Agency, develop and imple15 ment a program to monitor the concentrations of organotin

16 in the water column, sediments, and aquatic organisms of

17 representative estuaries and near-coastal waters in the

18 United States, as described in section 7(a) of the Organotin

19 Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)).

20 The program shall be designed to produce high-quality data

21 to enable the Environmental Protection Agency to develop

22 water quality criteria concerning organotin compounds.

23 (b) REPORT.—Not later than June 1, 1997, the Sec24 retary of the Navy shall submit to Congress a report con25 taining the following:
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1 (1) A description of the monitoring program de2 veloped pursuant to subsection (a).

3 (2) An analysis of the results of the monitoring

4 program as of the date of the submission of the report.

5 (3) Information about the progress of Navy pro6 grams, referred to in section 7(c) of Organotin

7 Antifouling Paint Control Act of 1988 (33 U.S.C.

8 2406(c)), for evaluating the laboratory toxicity and

9 environmental risks associated with the use of

10 antifouling paints containing organotin.

11 (4) An assessment, developed in consultation

12 with the Administrator of the Environmental Protec13 tion Agency, of the effectiveness of existing laws and

14 rules concerning organotin compounds in ensuring

15 protection of human health and the environment.

16 (c) SENSE OF CONGRESS.—It is the sense of Congress

17 that the Administrator of the Environmental Protection

18 Agency, in consultation with the Secretary of the Navy,

19 should develop, for purposes of the national pollutant dis20 charge elimination system, a model permit for the discharge

21 of organotin compounds at shipbuilding and ship repair

22 facilities. For purposes of this subsection, the term

23 ‘‘organotin’’ has the meaning provided in section 3 of the

24 Organotin Antifouling Paint Control Act of 1988 (33

25 U.S.C. 2402).
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1 Subtitle D—Civilian Employees and

2 Nonappropriated Fund Instru3 mentality Employees

4 SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODG5 ING EXPENSES WHEN ADEQUATE GOVERN6 MENT QUARTERS ARE AVAILABLE.

7 (a) REPEAL.—Section 1589 of title 10, United States

8 Code, is repealed.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 81 of such title is amended by

11 striking out the item relating to section 1589.

12 SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODI13 FICATION.

14 (a) IN GENERAL.—Section 5597(g) of title 5, United

15 States Code, is amended by adding at the end the following

16 new paragraph:

17 ‘‘(5) If the employment is without compensation, the

18 appointing official may waive the repayment.’’.

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply with respect to employment accepted

21 on or after the date of the enactment of this Act.

22 SEC. 333. WAGE-BOARD COMPENSATORY TIME OFF.

23 (a) IN GENERAL.—Section 5543 of title 5, United

24 States Code, is amended—
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1 (1) by redesignating subsection (b) as subsection

2 (c); and

3 (2) by inserting after subsection (a) the following

4 new subsection:

5 ‘‘(b) The head of an agency may, on request of an em6 ployee, grant the employee compensatory time off from his

7 scheduled tour of duty instead of payment under section

8 5544 or section 7 of the Fair Labor Standards Act of 1938

9 for an equal amount of time spent in irregular or occasional

10 overtime work.’’.

11 (b) CONFORMING AMENDMENT.—Section 5544(c) of

12 title 5, United States Code, is amended by inserting ‘‘and

13 the provisions of section 5543(b)’’ before ‘‘shall apply’’.

14 SEC. 334. SIMPLIFICATION OF RULES RELATING TO THE OB15 SERVANCE OF CERTAIN HOLIDAYS.

16 Section 6103 of title 5, United States Code, is amended

17 by adding at the end the following new subsection:

18 ‘‘(d)(1) For purposes of this subsection—

19 ‘‘(A) the term ‘compressed schedule’ has the

20 meaning given such term by section 6121(5); and

21 ‘‘(B) the term ‘adverse agency impact’ has the

22 meaning given such term by section 6131(b).

23 ‘‘(2) An agency may prescribe rules under which em24 ployees on a compressed schedule may, in the case of a holi25 day that occurs on a regularly scheduled non-workday for
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1 such employees, and notwithstanding any other provision

2 of law or the terms of any collective bargaining agreement,

3 be required to observe such holiday on a workday other than

4 as provided by subsection (b), if the agency head determines

5 that it is necessary to do so in order to prevent an adverse

6 agency impact.’’.

7 SEC. 335. PHASED RETIREMENT.

8 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

9 8344 of title 5, United States Code, is amended by adding

10 at the end the following new subsection:

11 ‘‘(m)(1) In order to promote the retention of employees

12 having knowledge, skills, or expertise needed by the Depart13 ment of Defense, in a manner consistent with ongoing

14 downsizing efforts, the Secretary of Defense or his designee

15 may waive the application of subsection (a), with respect

16 to reemployed annuitants of the Department of Defense,

17 under this subsection.

18 ‘‘(2) A waiver under this subsection—

19 ‘‘(A) may not be granted except upon appro20 priate written application submitted and approved

21 not later than the date of separation on which entitle22 ment to annuity is based;

23 ‘‘(B) shall be contingent on the reemployment

24 commencing within such time as the Secretary or his

25 designee may require, may remain in effect for a pe-
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1 riod of not to exceed 2 years, and shall not be renew2 able; and

3 ‘‘(C) may be granted and thereafter remain in

4 effect only if, with respect to the position in which re5 employed, the number of regularly scheduled hours in

each week or other period is at least 1 6 ⁄2 but not more

than 3 7 ⁄4 those last in effect for the individual before

8 the separation referred to in subparagraph (A).

9 ‘‘(3)(A) In no event shall the sum of the rate of basic

10 pay for, plus annuity allocable to, any period of service

11 as a reemployed annuitant under this subsection exceed the

12 rate of basic pay that would then be in effect for service

13 performed during such period if separation had not oc14 curred.

15 ‘‘(B) If the limitation under subparagraph (A) would

16 otherwise be exceeded, an amount equal to the excess shall

17 be deducted from basic pay for the period involved (but not

18 to exceed total basic pay for such period), and any amount

19 so deducted shall be deposited in the Treasury of the United

20 States to the credit of the Fund.

21 ‘‘(4) The number of reemployed annuitants under this

22 subsection at any given time may not, when taken together

23 with the then current number under section 8468(j), exceed

24 a total of 50.
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1 ‘‘(5) All waivers under this subsection shall cease to

2 be effective after September 30, 2001.’’.

3 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

4 Section 8468 of title 5, United States Code, is amended by

5 adding at the end the following new subsection:

6 ‘‘(j)(1) In order to promote the retention of employees

7 having knowledge, skills, or expertise needed by the Depart8 ment of Defense, in a manner consistent with ongoing

9 downsizing efforts, the Secretary of Defense or his designee

10 may waive the application of subsections (a) and (b), with

11 respect to reemployed annuitants of the Department of De12 fense, under this subsection.

13 ‘‘(2) A waiver under this subsection—

14 ‘‘(A) may not be granted except upon appro15 priate written application submitted and approved

16 not later than the date of separation on which entitle17 ment to annuity is based;

18 ‘‘(B) shall be contingent on the reemployment

19 commencing within such time as the Secretary or his

20 designee may require, may remain in effect for a pe21 riod of not to exceed 2 years, and shall not be renew22 able; and

23 ‘‘(C) may be granted and thereafter remain in

24 effect only if, with respect to the position in which re25 employed, the number of regularly scheduled hours in
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each week or other period is at least 1 1 ⁄2 but not more

than 3 2 ⁄4 those last in effect for the individual before

3 the separation referred to in subparagraph (A).

4 ‘‘(3)(A) In no event shall the sum of the rate of basic

5 pay for, plus annuity allocable to, any period of service

6 as a reemployed annuitant under this subsection exceed the

7 rate of basic pay that would then be in effect for service

8 performed during such period if separation had not oc9 curred.

10 ‘‘(B) If the limitation under subparagraph (A) would

11 otherwise be exceeded, an amount equal to the excess shall

12 be deducted from basic pay for the period involved (but not

13 to exceed total basic pay for such period), and any amount

14 so deducted shall be deposited in the Treasury of the United

15 States to the credit of the Fund.

16 ‘‘(4) The number of reemployed annuitants under this

17 subsection at any given time may not, when taken together

18 with the then current number under section 8344(m), exceed

19 a total of 50.

20 ‘‘(5) All waivers under this subsection shall cease to

21 be effective after September 30, 2001.’’.

22 (c) REPORTING REQUIREMENT.—Not later than De23 cember 31, 2000, the Secretary of Defense shall submit to

24 each House of Congress and the Office of Personnel Manage25 ment a written report on the operation of sections 8344(m)
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1 and 8468(j) of title 5, United States Code, as amended by

2 this section. Such report shall include—

3 (1) recommendations as to whether or not those

4 provisions of law should be continued beyond Septem5 ber 30, 2001, and, if so, under what conditions or

6 constraints; and

7 (2) any other information which the Secretary of

8 Defense may consider appropriate.

9 SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EM10 PLOYEES OF DEPARTMENT OF DEFENSE TO

11 PARTICIPATE VOLUNTARILY IN REDUCTIONS

12 IN FORCE.

13 Section 3502(f) of title 5, United States Code, is

14 amended to read as follows:

15 ‘‘(f)(1) The Secretary of Defense or the Secretary of

16 a military department may—

17 ‘‘(A) separate from service any employee who

18 volunteers to be separated under this subparagraph

19 even though the employee is not otherwise subject to

20 separation due to a reduction in force; and

21 ‘‘(B) for each employee voluntarily separated

22 under subparagraph (A), retain an employee in a

23 similar position who would otherwise be separated

24 due to a reduction in force.
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1 ‘‘(2) The separation of an employee under paragraph

2 (1)(A) shall be treated as an involuntary separation due

3 to a reduction in force.

4 ‘‘(3) An employee with critical knowledge and skills

5 (as defined by the Secretary concerned) may not participate

6 in a voluntary separation under paragraph (1)(A) if the

7 Secretary concerned determines that such participation

8 would impair the performance of the mission of the Depart9 ment of Defense or the military department concerned.

10 ‘‘(4) The regulations prescribed under this section shall

11 incorporate the authority provided in this subsection.

12 ‘‘(5) No authority under paragraph (1) may be exer13 cised after September 30, 2001.’’.

14 Subtitle E—Commissaries and Non15 appropriated Fund Instrumen16 talities

17 SEC. 341. CONTRACTS WITH OTHER AGENCIES AND INSTRU18 MENTALITIES FOR GOODS AND SERVICES.

19 (a) CONTRACTS TO PROMOTE EFFICIENT OPERATION

20 AND MANAGEMENT.—Chapter 147 of title 10, United States

21 Code, is amended by adding at the end the following new

22 section:
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1 ‘‘§ 2490b. Contracts with other agencies and instru2 mentalities for goods and services

3 ‘‘An agency or instrumentality of the Department of

4 Defense that supports the operation of the exchange or mo5 rale, welfare, and recreation systems of the Department of

6 Defense may enter into a contract or other agreement with

7 another department, agency, or instrumentality of the De8 partment of Defense or another Federal agency to provide

9 goods and services beneficial to the efficient management

10 and operation of the exchange or morale, welfare, and recre11 ation systems.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of such chapter is amended by adding at the

14 end the following new item:

‘‘2490b. Contracts with other agencies and instrumentalities for goods and services.’’.

15 SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND16 NAME COMMERCIAL ITEMS FOR RESALE IN

17 COMMISSARY STORES.

18 (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE

19 PROCUREMENT.—Section 2486 of title 10, United States

20 Code, is amended by adding at the end the following new

21 subsection:

22 ‘‘(e) The Secretary of Defense may not use the excep23 tion provided in section 2304(c)(5) of this title regarding

24 the procurement of a brand-name commercial item for re-
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1 sale in commissary stores unless the commercial item is reg2 ularly sold outside of commissary stores under the same

3 brand name as the name by which the commercial item will

4 be sold in commissary stores.’’.

5 (b) EFFECT ON EXISTING CONTRACTS.—The amend6 ment made by subsection (a) shall not affect the terms, con7 ditions, or duration of any contract entered into by the Sec8 retary of Defense before the date of the enactment of this

9 Act for the procurement of commercial items for resale in

10 commissary stores.

11 SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY

12 EXPLICIT MATERIAL.

13 (a) IN GENERAL—(1) Chapter 147 of title 10, United

14 States Code, is amended by adding after section 2490b, as

15 added by section 341, the following new section:

16 ‘‘§ 2490c. Sale or rental of sexually explicit material

17 prohibited

18 ‘‘(a) PROHIBITION OF SALE OR RENTAL.—The Sec19 retary of Defense may not permit the sale or rental of sexu20 ally explicit written or videotaped material on property

21 under the jurisdiction of the Department of Defense.

22 ‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED SEXU23 ALLY EXPLICIT MATERIAL.—A member of the armed forces

24 or a civilian officer or employee of the Department of De25 fense acting in an official capacity for sale, remuneration,
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1 or rental may not provide sexually explicit material to an2 other person.

3 ‘‘(c) REGULATIONS.—The Secretary of Defense shall

4 prescribe regulations to implement this section.

5 ‘‘(d) DEFINITIONS.—In this section:

6 ‘‘(1) The term ‘sexually explicit material’ means

7 an audio recording, a film or video recording, or a

8 periodical with visual depictions, produced in any

9 medium, the dominant theme of which depicts or de10 scribes nudity, including sexual or excretory activities

11 or organs, in a lascivious way.

12 ‘‘(2) The term ‘property under the jurisdiction of

13 the Department of Defense’ includes commissaries, all

14 facilities operated by the Army and Air Force Ex15 change Service, the Navy Exchange Service Com16 mand, the Navy Resale and Services Support Office,

17 Marine Corps exchanges, and ship stores.’’.

18 (2) The table of sections at the beginning of such chap19 ter is amended by adding after the item relating to section

20 2490b, as added by section 341, the following new item:

‘‘2490c. Sale or rental of sexually explicit material prohibited.’’.

21 (b) EFFECTIVE DATE.—Subsection (a) of section 2490c

22 of title 10, United States Code, as added by subsection (a)

23 of this section, shall take effect 90 days after the date of

24 the enactment of this Act.
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1 Subtitle F—Performance of

2 Functions by Private-Sector Sources

3 SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE

4 PROCUREMENT OF PRINTING AND DUPLICA5 TION SERVICES.

6 (a) EXTENSION.—Section 351(a) of the National De7 fense Authorization Act for Fiscal Year 1996 (Public Law

8 104–106; 110 Stat. 266) is amended by striking out ‘‘fiscal

9 year 1996’’ and inserting in lieu thereof ‘‘fiscal years 1996

10 and 1997’’.

11 (b) REPORTING REQUIREMENTS.—Such section is fur12 ther amended by adding at the end the following new sub13 section:

14 ‘‘(c) REPORTING REQUIREMENTS.—(1) Not later than

15 90 days after the end of each fiscal year in which the re16 quirement of subsection (a) applies, the Secretary of Defense

17 shall submit to Congress a report—

18 ‘‘(A) describing the extent of the compliance of

19 the Secretary with the requirement during that fiscal

20 year;

21 ‘‘(B) specifying the total volume of printing and

22 duplication services procured by Department of De23 fense during that fiscal year—

24 ‘‘(i) from sources within the Department of

25 Defense;
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1 ‘‘(ii) from private-sector sources; and

2 ‘‘(iii) from other sources in the Federal

3 Government; and

4 ‘‘(C) specifying the total volume of printed and

5 duplicated material during that fiscal year covered by

6 the exception in subsection (b).

7 ‘‘(2) The report required for fiscal year 1996 shall also

8 include the plans of the Secretary for further implementa9 tion of the requirement of subsection (a) during fiscal year

10 1997.’’.

11 SEC. 352. REQUIREMENT REGARDING USE OF PRIVATE

12 SHIPYARDS FOR COMPLEX NAVAL SHIP RE13 PAIR CONTRACTS.

14 (a) IN GENERAL.—(1) Chapter 633 of title 10, United

15 States Code, is amended by adding at the end the following

16 new section:

17 ‘‘§ 7315. Use of private shipyards for complex ship re18 pair work: limitation to certain shipyards

19 ‘‘(a) LIMITATION ON REPAIR LOCATIONS.—Whenever

20 a naval vessel (other than a submarine) is to undergo com21 plex ship repairs and the Secretary of the Navy determines

22 that a private shipyard contractor is to be used for the work

23 required, such work—

24 ‘‘(1) may be performed only by a qualifying

25 shipyard contractor; and
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1 ‘‘(2) shall be performed at the shipyard facility

2 of the contractor selected unless the Secretary deter3 mines that the work should be conducted elsewhere in

4 the interest of national security.

5 ‘‘(b) QUALIFYING SHIPYARD CONTRACTOR.—For the

6 purposes of this section, a qualifying shipyard contractor,

7 with respect to the award of any contract for ship repair

8 work, is a private shipyard that—

9 ‘‘(1) is capable of performing the repair and

10 overhaul of ships with a displacement of 800 tons or

11 more;

12 ‘‘(2) performs at least 55 percent of repairs with

13 its own facilities and work force;

14 ‘‘(3) possesses or has access to a dry-dock and a

15 pier with the capability to berth a ship with a dis16 placement of 800 tons or more; and

17 ‘‘(4) has all the facilities and organizational ele18 ments needed for the repair of a ship with a displace19 ment of 800 tons or more.

20 ‘‘(c) COMPLEX SHIP REPAIRS.—In this section, the

21 term ‘complex ship repairs’ means repairs to a vessel per22 formed at a shipyard that are estimated (before work on

23 the repairs by a shipyard begins) to require expenditure

24 of $750,000 or more.
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1 ‘‘(d) EXCEPTION REGARDING PACIFIC COAST.—This

2 section shall not apply in the case of complex ship repairs

3 to be performed at a shipyard facility located on the Pacific

4 Coast of the United States.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘7315. Use of private shipyards for complex ship repair work: limitation to certain shipyards.’’.

7 (b) EFFECTIVE DATE.—Section 7315 of title 10, Unit8 ed States Code, as added by subsection (a), shall apply with

9 respect to contracts for complex ship repairs that are

10 awarded after the date of the enactment of this Act.

11 Subtitle G—Other Matters

12 SEC. 360. TERMINATION OF DEFENSE BUSINESS OPER13 ATIONS FUND AND PREPARATION OF PLAN

14 REGARDING IMPROVED OPERATION OF

15 WORKING-CAPITAL FUNDS.

16 (a) REPEAL OF DEFENSE BUSINESS OPERATIONS

17 FUND.—(1) Section 2216 of title 10, United States Code,

18 as added by section 371(a) of the National Defense Author19 ization Act for Fiscal Year 1996 (Public Law 104–106; 110

20 Stat. 277), is repealed.

21 (2) The table of sections at the beginning of chapter

22 131 of title 10, United States Code, is amended by striking

23 out the item relating to such section.
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1 (3) The amendments made by this subsection shall take

2 effect on October 1, 1998.

3 (b) PLAN FOR IMPROVED OPERATION OF WORKING4 CAPITAL FUNDS.—Not later than September 30, 1997, the

5 Secretary of Defense shall submit to Congress a plan to im6 prove the management and performance of the industrial,

7 commercial, and support type activities of the military de8 partments or the Defense Agencies that are currently man9 aged through the Defense Business Operations Fund.

10 (c) ELEMENTS OF PLAN.—The plan required by sub11 section (b) shall address the following issues:

12 (1) The ability of each military department to

13 set working capital requirements and set charges at

14 its own industrial and supply activities.

15 (2) The desirability of separate business accounts

16 for the management of both industrial and supply ac17 tivities for each military department.

18 (3) Liability for operating losses at industrial

19 and supply activities.

20 (4) Reimbursement to the Department of Defense

21 for each military department’s fair share of the costs

22 of legitimate common business support services pro23 vided by the Department of Defense (such as account24 ing and financial services and central logistics serv25 ices).
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1 (5) The role of the Department of Defense in set2 ting charges or imposing surcharges for activities

3 managed by the military department business ac4 counts (except for the common business support costs

5 described in paragraph (4)), and what such charges

6 should properly reflect.

7 (6) The appropriate use of operating profits

8 arising from the operations of the industrial and sup9 ply activities of a military department.

10 (7) The ability of military departments to pur11 chase industrial and supply services from, and pro12 vide such services to, other military departments.

13 (8) Standardization of financial management

14 and accounting practices employed by military de15 partment business accounts.

16 (9) Reporting requirements related to actual and

17 projected performance of military department busi18 ness management account activities.

19 SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER

20 DEFENSE BUSINESS OPERATIONS FUND.

21 Section 2216 of title 10, United States Code, as added

22 by section 371(a) of the National Defense Authorization Act

23 for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 227),

24 is amended in subsection (i)(1) by striking out ‘‘$50,000’’

25 and inserting in lieu thereof ‘‘$100,000’’.
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1 SEC. 362. TRANSFER OF EXCESS PERSONAL PROPERTY TO

2 SUPPORT LAW ENFORCEMENT ACTIVITIES.

3 (a) TRANSFER AUTHORITY.—(1) Chapter 153 of title

4 10, United States Code, is amended by inserting after sec5 tion 2576 the following new section:

6 ‘‘§ 2576a. Excess personal property: sale or donation

7 for law enforcement activities

8 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding

9 any other provision of law and subject to subsection (b),

10 the Secretary of Defense may transfer to Federal and State

11 agencies personal property of the Department of Defense,

12 including small arms and ammunition, that the Secretary

13 determines is—

14 ‘‘(A) suitable for use by the agencies in law en15 forcement activities, including counter-drug activities;

16 and

17 ‘‘(B) excess to the needs of the Department of De18 fense.

19 ‘‘(2) The Secretary shall carry out this section in con20 sultation with the Attorney General and the Director of Na21 tional Drug Control Policy.

22 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary

23 may transfer personal property under this section only if—

24 ‘‘(1) the property is drawn from existing stocks

25 of the Department of Defense; and
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1 ‘‘(2) the transfer is made without the expenditure

2 of any funds available to the Department of Defense

3 for the procurement of defense equipment.

4 ‘‘(c) CONSIDERATION.—Personal property may be

5 transferred under this section without cost to the recipient

6 agency.

7 ‘‘(d) PREFERENCE FOR CERTAIN TRANSFERS.—In

8 considering applications for the transfer of personal prop9 erty under this section, the Secretary shall give a preference

10 to those applications indicating that the transferred prop11 erty will be used in the counter-drug activities of the recipi12 ent agency.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by inserting after the item relating to section

15 2576 the following new item:

‘‘2576a. Excess personal property: sale or donation for law enforcement activities.’’.

16 (b) CONFORMING AMENDMENTS.—(1) Section 1208 of

17 the National Defense Authorization Act for Fiscal Years

18 1990 and 1991 (Public Law 101–189; 10 U.S.C. 372 note)

19 is repealed.

20 (2) Section 1005 of the National Defense Authorization

21 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

22 1630) is amended by striking out ‘‘section 1208 of the Na23 tional Defense Authorization Act for Fiscal Years 1990 and
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1 1991 (10 U.S.C. 372 note) and section 372’’ and inserting

2 in lieu thereof ‘‘sections 372 and 2576a’’.

3 SEC. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANS4 PORTATION.

5 (a) STORAGE AUTHORIZED.—(1) Section 2634 of title

6 10, United States Code, is amended by adding at the end

7 the following new subsection:

8 ‘‘(g)(1) In lieu of transportation authorized by this sec9 tion, if a member is ordered to make a change of permanent

10 station to a foreign country and the laws, regulations, or

11 other restrictions imposed by the foreign country or the

12 United States preclude entry of a motor vehicle described

13 in subsection (a) into that country, or would require exten14 sive modification of the vehicle as a condition to entry, the

15 member may elect to have the vehicle stored at the expense

16 of the United States at a location approved by the Secretary

17 concerned.

18 ‘‘(2) If a member is transferred or assigned to duty

19 at a location other than the permanent station of the mem20 ber for a period of more than 30 consecutive days, but the

21 transfer or assignment is not considered a change of perma22 nent station, the member may elect to have a motor vehicle

23 described in subsection (a) stored at the expense of the Unit24 ed States at a location approved by the Secretary concerned.
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1 ‘‘(3) Authorized expenses under this subsection include

2 costs associated with the delivery of the motor vehicle for

3 storage and removal of the vehicle for delivery to a destina4 tion approved by the Secretary concerned.’’.

5 (2)(A) The heading of such section is amended to read

6 as follows:

7 ‘‘§ 2634. Motor vehicles: transportation or storage for

8 members on change of permanent station

9 or extended deployment’’.

10 (B) The item relating to such section in the table of

11 sections at the beginning of chapter 157 of title 10, United

12 States Code, is amended to read as follows:

‘‘2634. Motor vehicles: transportation or storage for members on change of permanent station or extended deployment.’’.

13 (b) CONFORMING AMENDMENT.—Section 406(h)(1) of

14 title 37, United States Code, is amended by striking out

15 subparagraph (B) and inserting in lieu thereof the follow16 ing new subparagraph:

17 ‘‘(B) in the case of a member described in para18 graph (2)(A), authorize the transportation of one

19 motor vehicle, which is owned or leased by the mem20 ber (or a dependent of the member) and is for the per21 sonal use of a dependent of the member, to that loca22 tion by means of transportation authorized under sec23 tion 2634 of title 10 or authorize the storage of the
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1 motor vehicle pursuant to subsection (g) of such sec2 tion.’’.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on July 1, 1997.

5 SEC. 364. CONTROL OF TRANSPORTATION SYSTEMS IN

6 TIME OF WAR.

7 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

8 Chapter 157 of title 10, United States Code is amended by

9 adding at the end the following new section:

10 ‘‘§ 2644. Control of transportation systems in time of

11 war

12 ‘‘In time of war, the President, acting through the Sec13 retary of Defense, may take possession and assume control

14 of all or any part of a system of transportation to transport

15 troops, war material, and equipment, or for other purposes

16 related to the emergency. So far as necessary, the Secretary

17 may use the transportation system to the exclusion of other

18 traffic.’’.

19 (b) CONFORMING REPEALS.—Sections 4742 and 9742

20 of title 10, United States Code are repealed.

21 (c) CLERICAL AMENDMENTS.—(1) The table of sections

22 at the beginning of chapter 447 of such title is amended

23 by striking out the item relating to section 4742.
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1 (2) The table of sections at the beginning of chapter

2 947 of such title is amended by striking out the item relat3 ing to section 9742.

4 (3) The table of sections at the beginning of chapter

5 157 of such title 10 is amended by inserting after the item

6 relating to section 2643 the following new item:

‘‘2644. Control of transportation systems in time of war.’’.

7 SEC. 365. SECURITY PROTECTIONS AT DEPARTMENT OF DE8 FENSE FACILITIES IN NATIONAL CAPITAL RE9 GION.

10 (a) EXPANSION OF AUTHORITY.—Subsection (b) of sec11 tion 2674 of title 10, United States Code, is amended by

12 striking out ‘‘at the Pentagon Reservation’’ and inserting

13 in lieu thereof ‘‘in the National Capital Region’’.

14 (b) CLERICAL AMENDMENT.—(1) The heading of such

15 section is amended to read as follows:

16 ‘‘§ 2674. Operation and control of Pentagon Reserva17 tion and defense facilities in National

18 Capital Region’’.

19 (2) The item relating to such section in the table of

20 sections at the beginning of chapter 159 of such title is

21 amended to read as follows:

‘‘2674. Operation and control of Pentagon Reservation and defense facilities in

National Capital Region.’’.
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1 SEC. 366. MODIFICATIONS TO ARMED FORCES RETIREMENT

2 HOME ACT OF 1991.

3 (a) TERM OF OFFICE.—Section 1515 of the Armed

4 Forces Retirement Home Act of 1991 (24 U.S.C. 415) is

5 amended—

6 (1) in subsection (e), by adding at the end the

7 following:

8 ‘‘(3) The chairman of the Retirement Home Board

9 may appoint a member of the Retirement Home Board for

10 a second consecutive term. The chairman of a Local Board

11 may appoint a member of that Local Board for a second

12 consecutive term.’’; and

13 (2) by striking out subsection (f) and inserting

14 in lieu thereof the following:

15 ‘‘(f) EARLY EXPIRATION OF TERM.—A member of the

16 Armed Forces or Federal civilian employee who is ap17 pointed as a member of the Retirement Home Board or a

18 Local Board may serve as a board member only so long

19 as the member of the Armed Forces or Federal civilian em20 ployee is assigned to or serving in the duty position that

21 gave rise to the appointment as a board member.’’.

22 (b) DISPOSAL OF REAL PROPERTY.—Section 1516(d)

23 of such Act (24 U.S.C. 416(d)) is amended by striking out

24 ‘‘(d)’’ and all that follows through the end of paragraph

25 (1) and inserting in lieu thereof the following:
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1 ‘‘(d) DISPOSAL OF REAL PROPERTY.—(1) The Retire2 ment Home Board may dispose of real property of the Re3 tirement Home by sale or otherwise, except that the disposal

4 may not occur until after the end of a period of 30 legisla5 tive days or 60 calendar days, whichever is longer, begin6 ning on the date on which the Retirement Home Board no7 tifies the Committee on Armed Services of the Senate and

8 the Committee on National Security of the House of Rep9 resentatives of the proposed disposal. The Federal Property

10 and Administrative Services Act of 1949 (40 U.S.C. 471

11 et seq.), section 501 of the Stewart B. McKinney Homeless

12 Assistance Act (42 U.S.C. 11411), and any other provision

13 of law or regulation relating to the handling or disposal

14 of real property by the United States shall not apply to

15 the disposal of real property by the Retirement Home

16 Board.’’.

17 (c) ANNUAL EVALUATION OF DIRECTORS.—Section

18 1517 of such Act (24 U.S.C. 417) is amended by striking

19 out subsection (f) and inserting in lieu thereof the following:

20 ‘‘(f) ANNUAL EVALUATION OF DIRECTORS.—The chair21 man of the Retirement Home Board shall annually evaluate

22 the performance of the Directors and shall make such rec23 ommendations to the Secretary of Defense as the chairman

24 considers appropriate in light of the evaluation.’’.
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1 (d) EFFECT OF AMENDMENT.—The amendment made

2 by subsection (a)(2) shall not affect the staggered terms of

3 members of the Armed Forces Retirement Home Board or

4 a Local Board of the Retirement Home under section

5 1515(f) of such Act, as in effect before the date of the enact6 ment of this Act.

7 SEC. 367. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

8 THAT BENEFIT DEPENDENTS OF MEMBERS

9 OF THE ARMED FORCES AND DEPARTMENT

10 OF DEFENSE CIVILIAN EMPLOYEES.

11 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

12 PROGRAM FOR FISCAL YEAR 1997.—Of the amounts au13 thorized to be appropriated in section 301(5)—

14 (1) $50,000,000 shall be available for providing

15 educational agencies assistance (as defined in sub16 section (d)(1)) to local educational agencies; and

17 (2) $8,000,000 shall be available for making edu18 cational agencies payments (as defined in subsection

19 (d)(2)) to local educational agencies.

20 (b) NOTIFICATION.—Not later than June 30, 1997, the

21 Secretary of Defense shall—

22 (1) notify each local educational agency that is

23 eligible for educational agencies assistance for fiscal

24 year 1997 of that agency’s eligibility for such assist-
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1 ance and the amount of such assistance for which that

2 agency is eligible; and

3 (2) notify each local educational agency that is

4 eligible for an educational agencies payment for fiscal

5 year 1997 of that agency’s eligibility for such pay6 ment and the amount of the payment for which that

7 agency is eligible.

8 (c) DISBURSEMENT OF FUNDS.—The Secretary of De9 fense shall disburse funds made available under paragraphs

10 (1) and (2) of subsection (a) not later than 30 days after

11 the date on which notification to the eligible local edu12 cational agencies is provided pursuant to subsection (b).

13 (d) DEFINITIONS.—In this section:

14 (1) The term ‘‘educational agencies assistance’’

15 means assistance authorized under section 386(b) of

16 the National Defense Authorization Act for Fiscal

17 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

18 note).

19 (2) The term ‘‘educational agencies payments’’

20 means payments authorized under section 386(d) of

21 the National Defense Authorization Act for Fiscal

22 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

23 note).

24 (3) The term ‘‘local educational agency’’ has the

25 meaning given that term in section 8013(9) of the El-
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1 ementary and Secondary Education Act of 1965 (20

2 U.S.C. 7713(9)).

3 SEC. 368. RETENTION OF CIVILIAN EMPLOYEE POSITIONS

4 AT MILITARY TRAINING BASES TRANSFERRED

5 TO NATIONAL GUARD.

6 (a) MILITARY TRAINING INSTALLATIONS AFFECTED.—

7 This section applies with respect to each military training

8 installation that—

9 (1) was approved for closure in 1995 under the

10 Defense Base Closure and Realignment Act of 1990

11 (part A of title XXIX of Public Law 101–510; 10

12 U.S.C. 2687 note);

13 (2) is scheduled for transfer during fiscal year

14 1997 to National Guard operation and control; and

15 (3) will continue to be used, after such transfer,

16 to provide training support to active and reserve com17 ponents of the Armed Forces.

18 (b) RETENTION OF EMPLOYEE POSITIONS.—In the

19 case of a military training installation described in sub20 section (a), the Secretary of Defense shall retain civilian

21 employee positions of the Department of Defense at the in22 stallation after transfer to the National Guard to facilitate

23 active and reserve component training at the installation.

24 (c) MAXIMUM POSITIONS RETAINED.—The maximum

25 number of civilian employee positions retained at an instal-
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1 lation under this section shall not exceed 20 percent of the

2 Federal civilian workforce employed at the installation as

3 of September 8, 1995.

4 (d) REMOVAL OF POSITION.—The requirement to

5 maintain a civilian employee position at an installation

6 under this section shall terminate upon the later of the fol7 lowing:

8 (1) The date of the departure or retirement of the

9 civilian employee initially employed or retained in a

10 civilian employee position at the installation as a re11 sult of this section.

12 (2) The date on which the Secretary certifies to

13 Congress that a civilian employee position at the in14 stallation is no longer required to ensure that effective

15 support is provided at the installation for active and

16 reserve component training.

17 SEC. 369. EXPANSION OF AUTHORITY TO DONATE UNUS18 ABLE FOOD.

19 (a) AUTHORITY FOR DONATIONS FROM DEFENSE

20 AGENCIES.—Section 2485 of title 10, United States Code,

21 is amended by striking out ‘‘Secretary of a military depart22 ment’’ in subsections (a) and (b) and inserting in lieu

23 thereof ‘‘Secretary of Defense’’.

24 (b) EXPANSION OF ELIGIBLE RECIPIENTS.—Such sec25 tion is further amended—
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1 (1) in subsection (a), by striking out ‘‘authorized

2 charitable nonprofit food banks’’ and inserting in lieu

3 thereof ‘‘entities specified under subsection (d)’’; and

4 (2) in subsection (d), by striking out ‘‘may only

5 be made’’ and all that follows and inserting in lieu

6 thereof the following: ‘‘may only be made to an entity

7 that is one of the following:

8 ‘‘(1) A charitable nonprofit food bank that is des9 ignated by the Secretary of Defense or the Secretary

10 of Health and Human Services as authorized to re11 ceive such donations.

12 ‘‘(2) A State or local agency that is designated

13 by the Secretary of Defense or the Secretary of Health

14 and Human Services as authorized to receive such do15 nations.

16 ‘‘(3) A chapter or other local unit of a recognized

17 national veterans organization that provides services

18 to persons without adequate shelter and is designated

19 by the Secretary of Veterans Affairs as authorized to

20 receive such donations.

21 ‘‘(4) A not-for-profit organization that provides

22 care for homeless veterans and is designated by the

23 Secretary of Veterans Affairs as authorized to receive

24 such donations.’’.
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1 (c) CLARIFICATION OF FOOD THAT MAY BE DO2 NATED.—Subsection (b) of such section is further amended

3 by inserting ‘‘rations known as humanitarian daily rations

4 (HDRs),’’ after ‘‘(MREs),’’.

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.

12 (2) The Navy, 407,318.

13 (3) The Marine Corps, 174,000.

14 (4) The Air Force, 381,100.

15 SEC. 402. PERMANENT END STRENGTH LEVELS TO SUP16 PORT TWO MAJOR REGIONAL CONTIN17 GENCIES.

18 Section 691 of title 10, United States Code, is amend19 ed—

20 (1) by redesignating subsections (d) and (e) as

21 subsections (e) and (f), respectively; and

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

23 in lieu thereof the following:

24 ‘‘(c) The budget for the Department of Defense for any

25 fiscal year as submitted to Congress shall include amounts
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1 for funding for each of the armed forces (other than the

2 Coast Guard) at least in the amounts necessary to maintain

3 the active duty end strengths prescribed in subsection (b),

4 as in effect at the time that such budget is submitted.

5 ‘‘(d) No funds appropriated to the Department of De6 fense may be used to implement a reduction of the active

7 duty end strength for any of the armed forces (other than

8 the Coast Guard) for any fiscal year below the level specified

9 in subsection (b) unless the reduction in end strength for

10 that armed force for that fiscal year is specifically author11 ized by law.’’.

12 SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED

13 OFFICERS ON ACTIVE DUTY IN GRADES OF

14 MAJOR, LIEUTENANT COLONEL, AND COLO15 NEL AND NAVY GRADES OF LIEUTENANT

16 COMMANDER, COMMANDER, AND CAPTAIN.

17 (a) REVISION IN ARMY, AIR FORCE, AND MARINE

18 CORPS LIMITATIONS.—The table in paragraph (1) of sec19 tion 523(a) of title 10, United States Code, is amended to

20 read as follows:

‘‘Total number of commissioned officers (excluding

officers in categories specified in subsection (b)) on

active duty:

Number of officers who may be serving on active duty in the

grade of:

Major Lieutenant

Colonel Colonel

Army:

35,000 ............................................... 8,922 6,419 2,163

40,000 ............................................... 9,614 6,807 2,347

45,000 ............................................... 10,305 7,196 2,530

50,000 ............................................... 10,997 7,584 2,713

55,000 ............................................... 11,688 7,973 2,897

60,000 ............................................... 12,380 8,361 3,080

65,000 ............................................... 13,071 8,750 3,264
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‘‘Total number of commissioned officers (excluding

officers in categories specified in subsection (b)) on

active duty:

Number of officers who may be serving on active duty in the

grade of:

Major Lieutenant

Colonel Colonel

70,000 ............................................... 13,763 9,138 3,447

75,000 ............................................... 14,454 9,527 3,631

80,000 ............................................... 15,146 9,915 3,814

85,000 ............................................... 15,837 10,304 3,997

90,000 ............................................... 16,529 10,692 4,181

95,000 ............................................... 17,220 11,081 4,364

100,000 ............................................. 17,912 11,469 4,548

110,000 ............................................. 19,295 12,246 4,915

120,000 ............................................. 20,678 13,023 5,281

130,000 ............................................. 22,061 13,800 5,648

170,000 ............................................. 27,593 16,908 7,116

Air Force:

35,000 ............................................... 9,216 7,090 2,125

40,000 ............................................... 10,025 7,478 2,306

45,000 ............................................... 10,835 7,866 2,487

50,000 ............................................... 11,645 8,253 2,668

55,000 ............................................... 12,454 8,641 2,849

60,000 ............................................... 13,264 9,029 3,030

65,000 ............................................... 14,073 9,417 3,211

70,000 ............................................... 14,883 9,805 3,392

75,000 ............................................... 15,693 10,193 3,573

80,000 ............................................... 16,502 10,582 3,754

85,000 ............................................... 17,312 10,971 3,935

90,000 ............................................... 18,121 11,360 4,115

95,000 ............................................... 18,931 11,749 4,296

100,000 ............................................. 19,741 12,138 4,477

105,000 ............................................. 20,550 12,527 4,658

110,000 ............................................. 21,360 12,915 4,838

115,000 ............................................. 22,169 13,304 5,019

120,000 ............................................. 22,979 13,692 5,200

125,000 ............................................. 23,789 14,081 5,381

Marine Corps:

10,000 ............................................... 2,525 1,480 571

12,500 ............................................... 2,900 1,600 592

15,000 ............................................... 3,275 1,720 613

17,500 ............................................... 3,650 1,840 633

20,000 ............................................... 4,025 1,960 654

22,500 ............................................... 4,400 2,080 675

25,000 ............................................... 4,775 2,200 695.’’

1 (b) REVISION IN NAVY LIMITATIONS.—The table in

2 paragraph (2) of such section is amended to read as 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

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
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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

45,000 ............................................... 9,671 6,123 2,651

48,000 ............................................... 10,139 6,343 2,758

51,000 ............................................... 10,606 6,561 2,864

54,000 ............................................... 11,074 6,782 2,971

57,000 ............................................... 11,541 7,002 3,078

60,000 ............................................... 12,009 7,222 3,185

63,000 ............................................... 12,476 7,441 3,292

66,000 ............................................... 12,944 7,661 3,398

70,000 ............................................... 13,567 7,954 3,541

90,000 ............................................... 16,683 9,419 4,254.’’

1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall take effect on September 1, 1997,

3 except that with the approval of the Secretary of Defense

4 the Secretary of a military department may prescribe an

5 earlier date for that Secretary’s military department. Any

6 such date shall be published in the Federal Register.

7 Subtitle B—Reserve Forces

8 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

9 (a) FISCAL YEAR 1997.—The Armed Forces are au10 thorized strengths for Selected Reserve personnel of the re11 serve components as of September 30, 1997, as follows:

12 (1) The Army National Guard of the United

13 States, 366,758.

14 (2) The Army Reserve, 215,179.

15 (3) The Naval Reserve, 96,304.

16 (4) The Marine Corps Reserve, 42,000.

17 (5) The Air National Guard of the United

18 States, 108,843.

19 (6) The Air Force Reserve, 73,281.
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1 (7) The Coast Guard Reserve, 8,000.

2 (b) WAIVER AUTHORITY.—The Secretary of Defense

3 may vary the end strength authorized by subsection (a) by

4 not more than 2 percent.

5 (c) ADJUSTMENTS.—The end strengths prescribed by

6 subsection (a) for the Selected Reserve of any reserve compo7 nent for a fiscal year shall be proportionately reduced by—

8 (1) the total authorized strength of units orga9 nized to serve as units of the Selected Reserve of such

10 component which are on active duty (other than for

11 training) at the end of the fiscal year, and

12 (2) the total number of individual members not

13 in units organized to serve as units of the Selected

14 Reserve of such component who are on active duty

15 (other than for training or for unsatisfactory partici16 pation in training) without their consent at the end

17 of the fiscal year.

18 Whenever such units or such individual members are re19 leased from active duty during any fiscal year, the end

20 strength prescribed for such fiscal year for the Selected Re21 serve of such reserve component shall be proportionately in22 creased by the total authorized strengths of such units and

23 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, 11,729.

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, 10,378.

17 (6) The Air Force Reserve, 625.

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

19 (a) AUTHORIZATION FOR FISCAL YEAR 1997.—The

20 minimum number of military technicians as of the last day

21 of fiscal year 1997 for the reserve components of the Army

22 and the Air Force (notwithstanding section 129 of title 10,

23 United States Code) shall be the following:

24 (1) For the Army Reserve, 6,799.

25 (2) For the Army National Guard of the United

26 States, 25,500.
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1 (3) For the Air Force Reserve, 9,802.

2 (4) For the Air National Guard of the United

3 States, 22,906.

4 (b) INFORMATION TO BE PROVIDED WITH FUTURE

5 AUTHORIZATION REQUESTS.—Section 10216 of title 10,

6 United States Code, is amended—

7 (1) by redesignating subsection (b) as subsection

8 (c); and

9 (2) by inserting after subsection (a) the following

10 new subsection (b):

11 ‘‘(b) INFORMATION REQUIRED TO BE SUBMITTED

12 WITH ANNUAL END STRENGTH AUTHORIZATION RE13 QUEST.—(1) The Secretary of Defense shall include as part

14 of the budget justification documents submitted to Congress

15 with the budget of the Department of Defense for any fiscal

16 year the following information with respect to the end

17 strengths for military technicians requested in that budget

18 pursuant to section 115(g) of this title, shown separately

19 for each of the Army and Air Force reserve components:

20 ‘‘(A) The number of dual-status technicians in

21 the high priority units and organizations specified in

22 subsection (a)(1).

23 ‘‘(B) The number of technicians other than dual24 status technicians in the high priority units and or25 ganizations specified in subsection (a)(1).
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1 ‘‘(C) The number of dual-status technicians in

2 other than high priority units and organizations

3 specified in subsection (a)(1).

4 ‘‘(D) The number of technicians other than dual5 status technicians in other than high priority units

6 and organizations specified in subsection (a)(1).

7 ‘‘(2)(A) If the budget submitted to Congress for any

8 fiscal year requests authorization for that fiscal year under

9 section 115(g) of this title of a military technician end

10 strength for a reserve component of the Army or Air Force

11 in a number that constitutes a reduction from the end

12 strength minimum established by law for that reserve com13 ponent for the fiscal year during which the budget is sub14 mitted, the Secretary of Defense shall submit to the congres15 sional defense committees with that budget a justification

16 providing the basis for that requested reduction in techni17 cian end strength.

18 ‘‘(B) Any justification submitted under subparagraph

19 (A) shall clearly delineate—

20 ‘‘(i) in the case of a reduction that includes a re21 duction in technicians described in subparagraph (A)

22 or (C) of paragraph (1), the specific force structure

23 reductions forming the basis for such requested techni24 cian reduction (and the numbers related to those force

25 structure reductions); and
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1 ‘‘(ii) in the case of a reduction that includes re2 ductions in technicians described in subparagraphs

3 (B) or (D) of paragraph (1), the specific force struc4 ture reductions, Department of Defense civilian per5 sonnel reductions, or other reasons forming the basis

6 for such requested technician reduction (and the num7 bers related to those reductions).’’.

8 (c) TECHNICAL AMENDMENTS.—Such section is fur9 ther amended—

10 (1) in subsection (a), by striking out ‘‘section

11 115’’ and inserting in lieu thereof ‘‘section 115(g)’’;

12 and

13 (2) in subsection (c), as redesignated by sub14 section (b)(1), by striking out ‘‘after the date of the

15 enactment of this section’’ both places it appears and

16 inserting in lieu thereof ‘‘after February 10, 1996,’’.

17 Subtitle C—Authorization of

18 Appropriations

19 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI20 TARY PERSONNEL.

21 There is hereby authorized to be appropriated to the

22 Department of Defense for military personnel for fiscal year

23 1997 a total of $70,206,030,000. The authorization in the

24 preceding sentence supersedes any other authorization of
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1 appropriations (definite or indefinite) for such purpose for

2 fiscal year 1997.

3 TITLE V—MILITARY PERSONNEL

4 POLICY

5 Subtitle A—Personnel Management

6 SEC. 501. AUTHORIZATION FOR SENIOR ENLISTED MEM7 BERS TO REENLIST FOR AN INDEFINITE PE8 RIOD OF TIME.

9 Subsection (d) of section 505 of title 10, United States

10 Code, is amended to read as follows:

11 ‘‘(d)(1) For a member with less than 10 years of serv12 ice, the Secretary concerned may accept a reenlistment in

13 the Regular Army, Regular Navy, Regular Air Force, Regu14 lar Marine Corps, or Regular Coast Guard, as the case may

15 be, for periods of at least two but not more than six years.

16 ‘‘(2) At the discretion of the Secretary concerned, a

17 member with 10 or more years of service who reenlists in

18 the Regular Army, Regular Navy, Regular Air Force, Regu19 lar Marine Corps, or Regular Coast Guard, as the case may

20 be, and who meets all qualifications for continued service,

21 may be accepted for reenlistment of an unspecified period

22 of time.’’.
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1 SEC. 502. AUTHORITY TO EXTEND ENTRY ON ACTIVE DUTY

2 UNDER THE DELAYED ENTRY PROGRAM.

3 Section 513(b) of title 10, United States Code, is

4 amended—

5 (1) by adding after the first sentence the follow6 ing new sentence: ‘‘The Secretary concerned may ex7 tend the 365-day period for any person for up to an

8 additional 180 days if the Secretary considers such

9 extension to be warranted on a case-by-case basis.’’;

10 and

11 (2) in the last sentence, by striking out ‘‘the pre12 ceding sentence’’ and inserting in lieu thereof ‘‘under

13 this subsection’’.

14 SEC. 503. PERMANENT AUTHORITY FOR NAVY SPOT PRO15 MOTIONS FOR CERTAIN LIEUTENANTS.

16 Section 5721 of title 10, United States Code, is amend17 ed by striking out subsection (g).

18 SEC. 504. REPORTS ON RESPONSE TO RECOMMENDATIONS

19 CONCERNING IMPROVEMENTS TO DEPART20 MENT OF DEFENSE JOINT MANPOWER PROC21 ESS.

22 (a) SEMIANNUAL REPORT.—The Secretary of Defense

23 shall submit to Congress a semiannual report on the status

24 of actions taken by the Secretary to implement the rec25 ommendations made by the Department of Defense Inspec26 tor General in the report of November 29, 1995, entitled
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1 ‘‘Inspection of the Department of Defense Joint Manpower

2 Process’’ (Report No. 96–029). The first such report shall

3 be submitted not later than February 1, 1997.

4 (b) ADDITIONAL MATTER FOR FIRST REPORT.—As

5 part of the first report under subsection (a), the Secretary

6 shall include the following:

7 (1) The Secretary’s assessment as to the need to

8 establish a joint, centralized permanent organization

9 in the Department of Defense to determine, validate,

10 approve, and manage military and civilian man11 power requirements resources at joint organizations.

12 (2) The Secretary’s assessment of the Department

13 of Defense timeline and plan to increase the capabil14 ity of the joint professional military education system

15 (including the Armed Forces Staff College) to over16 come the capacity limitations cited in the report re17 ferred to in subsection (a).

18 (3) The Secretary’s plan and timeline to provide

19 the necessary training and education of reserve com20 ponent officers.

21 (c) GAO ASSESSMENT.—The Comptroller General of

22 the United States shall assess the completeness and ade23 quacy of the corrective actions taken by the Secretary with

24 respect to the matters covered in the report referred to in

25 subsection (a) and shall submit a report to Congress, not
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1 later than one year after the date of enactment of this Act,

2 providing the Comptroller General’s findings and rec3 ommendations.

4 SEC. 505. FREQUENCY OF REPORTS TO CONGRESS ON

5 JOINT OFFICER MANAGEMENT POLICIES.

6 (a) CHANGE FROM SEMIANNUAL TO ANNUAL RE7 PORT.—Section 662(b) of title 10, United States Code, is

8 amended by striking out ‘‘REPORT.—The Secretary of De9 fense shall periodically (and not less often than every six

10 months) report to Congress on the promotion rates’’ and

11 inserting in lieu thereof ‘‘ANNUAL REPORT.—Not later than

12 January 1 of each year, the Secretary of Defense shall sub13 mit to Congress a report on the promotion rates during the

14 preceding fiscal year’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Such section is further amended—

17 (1) in the first sentence, by striking out

18 ‘‘clauses’’ and inserting in lieu thereof ‘‘paragraphs’’;

19 and

20 (2) in the second sentence—

21 (A) by inserting ‘‘for any fiscal year’’ after

22 ‘‘such objectives’’; and

23 (B) by striking out ‘‘periodic report re24 quired by this subsection’’ and inserting in lieu

25 thereof ‘‘report for that fiscal year’’.
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1 SEC. 506. REPEAL OF REQUIREMENT THAT COMMISSIONED

2 OFFICERS BE INITIALLY APPOINTED IN A RE3 SERVE GRADE.

4 Section 532 of title 10, United States Code, is amended

5 by striking out subsection (e).

6 SEC. 507. CONTINUATION ON ACTIVE STATUS FOR CERTAIN

7 RESERVE OFFICERS OF THE AIR FORCE.

8 (a) AUTHORITY.—Section 14507 of title 10, United

9 States Code, is amended by adding at the end the following

10 new subsection:

11 ‘‘(c) TEMPORARY AUTHORITY TO RETAIN CERTAIN

12 OFFICERS DESIGNATED AS JUDGE ADVOCATES.—(1) Not13 withstanding the provisions of subsections (a) and (b), the

14 Secretary of the Air Force may retain on the reserve active15 status list any reserve officer of the Air Force who is des16 ignated as a judge advocate and who obtained the first pro17 fessional degree in law while on an educational delay pro18 gram subsequent to being commissioned through the Reserve

19 Officers’ Training Corps.

20 ‘‘(2) No more than 50 officers may be retained on the

21 reserve active-status list under the authority of paragraph

22 (1) at any time.

23 ‘‘(3) No officer may be retained on the reserve active24 status list under the authority of paragraph (1) for a period

25 exceeding three years from the date on which, but for that
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1 authority, that officer would have been removed from the

2 reserve active-status list under subsection (a) or (b).

3 ‘‘(4) The authority of the Secretary of the Air Force

4 under paragraph (1) expires on September 30, 2003.’’.

5 (b) EFFECTIVE DATE.—Subsection (c) of section 14507

6 of title 10, United States Code, as added by subsection (a),

7 shall take effect on October 1, 1996.

8 Subtitle B—Reserve Component

9 Matters

10 SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AU11 THORITY.

12 (a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE

13 DUTY OTHER THAN DURING WAR OR NATIONAL EMER14 GENCY.—Section 10144 of title 10, United States Code, is

15 amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘Within the Ready

17 Reserve’’; and

18 (2) by adding at the end the following:

19 ‘‘(b)(1) Within the Individual Ready Reserve of each

20 reserve component there is a mobilization category of mem21 bers, as designated by the Secretary concerned, who are sub22 ject to being ordered to active duty involuntarily in accord23 ance with section 12304 of this title. A member may not

24 be placed in that mobilization category unless—
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1 ‘‘(A) the member volunteers for that category;

2 and

3 ‘‘(B) the member is selected for that category by

4 the Secretary concerned, based upon the needs of the

5 service and the grade and military skills of that mem6 ber.

7 ‘‘(2) A member of the Individual Ready Reserve may

8 not be carried in the mobilization category of members

9 under paragraph (1) after the end of the 24-month period

10 beginning on the date of the separation of the member from

11 active service.

12 ‘‘(3) The Secretary shall designate the grades and criti13 cal military skills or specialities of members to be eligible

14 for placement in such mobilization category.

15 ‘‘(4) A member in such mobilization category shall be

16 eligible for benefits (other than pay and training) as are

17 normally available to members of the Selected Reserve, as

18 determined by the Secretary of Defense.’’.

19 (b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—Sub20 section (a) of section 12304 of title 10, United States Code,

21 is amended by inserting after ‘‘of this title),’’ the following:

22 ‘‘or any member in the Individual Ready Reserve mobiliza23 tion category and designated as essential under regulations

24 prescribed by the Secretary concerned,’’.
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1 (c) MAXIMUM NUMBER.—Subsection (c) of such section

2 is amended—

3 (1) by inserting ‘‘and the Individual Ready Re4 serve’’ after ‘‘Selected Reserve’’; and

5 (2) by inserting ‘‘, of whom not more than

6 30,000 may be members of the Individual Ready Re7 serve’’ before the period at the end.

8 (d) CONFORMING AMENDMENTS.—Such section is fur9 ther amended—

10 (1) in subsection (f), by inserting ‘‘or Individual

11 Ready Reserve’’ after ‘‘Selected Reserve’’;

12 (2) in subsection (g), by inserting ‘‘, or member

13 of the Individual Ready Reserve,’’ after ‘‘to serve as

14 a unit’’; and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(i) For purposes of this section, the term ‘Individual

18 Ready Reserve mobilization category’ means, in the case of

19 any reserve component, the category of the Individual

20 Ready Reserve described in section 10144(b) of this title.’’.

21 (e) CLERICAL AMENDMENTS.—(1) The heading of such

22 section is amended to read as follows:
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1 ‘‘§ 12304. Selected Reserve and certain Individual

2 Ready Reserve members; order to active

3 duty other than during war or national

4 emergency’’.

5 (2) The item relating to section 12304 in the table of

6 sections at the beginning of chapter 1209 of such title is

7 amended to read as follows:

‘‘12304. Selected Reserve and certain Individual Ready Reserve members; order

to active duty other than during war or national emergency’’.

8 SEC. 512. TRAINING FOR RESERVES ON ACTIVE DUTY IN

9 SUPPORT OF THE RESERVES.

10 Subsection (b) of section 12310 of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘(b) A Reserve on active duty as described in sub13 section (a) may be provided training and professional de14 velopment opportunities consistent with those provided to

15 other members on active duty, as the Secretary concerned

16 sees fit.’’.

17 SEC. 513. CLARIFICATION TO DEFINITION OF ACTIVE STA18 TUS.

19 Section 101(d)(4) of title 10, United States Code, is

20 amended by striking out ‘‘a reserve commissioned officer,

21 other than a commissioned warrant officer’’ and inserting

22 in lieu thereof ‘‘a member of a reserve component’’.
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1 SEC. 514. APPOINTMENT ABOVE GRADE OF 0–2 IN THE

2 NAVAL RESERVE.

3 Paragraph (3) of section 12205(b) of title 10, United

4 States Code, is amended by inserting ‘‘or the Seaman to

5 Admiral Program’’ before the period at the end.

6 SEC. 515. REPORT ON NUMBER OF ADVISERS IN ACTIVE

7 COMPONENT SUPPORT OF RESERVES PILOT

8 PROGRAM.

9 (a) REPORT ON NUMBER OF ACTIVE COMPONENT AD10 VISERS.—Not later than six months after the date of the

11 enactment of this Act, the Secretary of Defense shall submit

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

13 Committee on National Security of the House of Represent14 atives a report setting forth the Secretary’s determination

15 as to the appropriate number of active component personnel

16 to be assigned to serve as advisers to reserve components

17 under section 414 of the National Defense Authorization Act

18 for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note).

19 If the Secretary’s determination is that such number should

20 be a number other than the required minimum number in

21 effect under subsection (c) of such section, the Secretary

22 shall include in the report an explanation providing the

23 Secretary’s justification for the number recommended.

24 (b) TECHNICAL AMENDMENT.—Section 414(a) of the

25 National Defense Authorization Act for Fiscal Years 1992

26 and 1993 (10 U.S.C. 12001 note) is amended by striking
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1 out ‘‘During fiscal years 1992 and 1993, the Secretary of

2 the Army shall institute’’ and inserting in lieu thereof ‘‘The

3 Secretary of the Army shall carry out’’.

4 SEC. 516. SENSE OF CONGRESS AND REPORT REGARDING

5 REEMPLOYMENT RIGHTS FOR MOBILIZED RE6 SERVISTS EMPLOYED IN FOREIGN COUN7 TRIES.

8 (a) SENSE OF CONGRESS.—Congress is concerned

9 about the lack of reemployment rights afforded Reserve com10 ponent members who reside in foreign countries and either

11 work for United States companies that maintain offices or

12 operations in foreign countries or work for foreign employ13 ers. Being outside the jurisdiction of the United States, these

14 employers are not subject to the provisions of chapter 43

15 of title 38, United States Code, known as the Uniformed

16 Services Employment and Reemployment Rights Act

17 (USERRA). The purpose of that Act is to provide statutory

18 employment protections that include reinstatement, senior19 ity, status, and rate of pay coverage for Reservists who are

20 ordered to active duty for a specified period of time, includ21 ing involuntary active duty in support of an operational

22 contingency. While most Reserve members are afforded the

23 protections of that Act (which covers reemployment rights

24 in their civilian jobs upon completion of military service),

25 approximately 2,000 members of the Selected Reserve reside
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1 outside the United States and its territories and, not being

2 guaranteed the job protection envisioned by the USERRA,

3 are potentially subject to reemployment problems after re4 lease from active duty. During Operation Joint Endeavor,

5 a number of Reservists who are currently living and work6 ing abroad and who were involuntarily ordered to active

7 duty in support of that operation did in fact face reemploy8 ment problems with their civilian employers. This situation

9 poses a continuing personnel management challenge for the

10 reserve components.

11 (b) RECOGNITION OF PROBLEM.—Congress, while rec12 ognizing that foreign governments and companies located

13 abroad, not being within the jurisdiction of the United

14 States, cannot be required to comply with the provisions

15 of the Uniformed Services Employment and Reemployment

16 Rights Act, also recognizes that there is a need to provide

17 assistance to Reservists in the situation described in sub18 section (a), both in the near term and the long term.

19 (c) REPORT REQUIREMENT.—Not later than April 1,

20 1997, the Secretary of Defense shall submit to the Commit21 tee on Armed Services of the Senate and the Committee on

22 National Security of the House of Representatives a report

23 that sets forth recommended actions to help alleviate reem24 ployment problems for Reservists who are employed outside

25 the United States and its territories by United States com-
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1 panies that maintain offices or operations in foreign coun2 tries or by foreign employers. The report shall include rec3 ommendations on the assistance and support that may be

4 required by other organizations of the Government, includ5 ing the Defense Attache ́ Offices, the Department of Labor,

6 and the Department of State. The report shall be prepared

7 in consultation with the Secretary of State and the Sec8 retary of Labor.

9 Subtitle C—Jurisdiction and Pow10 ers of Courts-Martial for the Na11 tional Guard When Not in Fed12 eral Service

13 SEC. 531. COMPOSITION, JURISDICTION, AND PROCEDURES

14 OF COURTS-MARTIAL.

15 Section 326 of title 32, United States Code, is amend16 ed—

17 (1) by inserting ‘‘(a)’’ at the beginning of the

18 text of the section;

19 (2) by striking out the second sentence and in20 serting in lieu thereof the following: ‘‘They shall fol21 low substantially the forms and procedures provided

22 for those courts and shall provide accused members of

23 the National Guard the rights and protections pro24 vided in those courts.’’; and

25 (3) by adding at the end the following:
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1 ‘‘(b) Courts-martial of the National Guard not in Fed2 eral service do not have jurisdiction over those persons who

3 are subject to the jurisdiction of a court-martial pursuant

4 to section 802 of title 10.

5 ‘‘(c) A court-martial of the National Guard not in

6 Federal service shall have such jurisdiction and powers,

7 consistent with the provisions of this chapter, as may be

8 provided by the law of the State or Territory, Puerto Rico,

9 or District of Columbia in which the court-martial is con10 vened.’’.

11 SEC. 532. GENERAL COURTS-MARTIAL.

12 (a) CONVENING AUTHORITY.—Subsection (a) of section

13 327 of title 32, United States Code, is amended by inserting

14 ‘‘or adjutant general’’ after ‘‘governor’’.

15 (b) PUNISHMENTS.—Subsection (b) of such section is

16 amended to read as follows:

17 ‘‘(b) A general court-martial may sentence an accused,

18 upon conviction, to any of the following punishments:

19 ‘‘(1) A fine of not more than $500 for a single

20 offense.

21 ‘‘(2) Forfeiture of pay and allowances in an

22 amount of not more than $500 for a single offense or

23 any forfeiture of pay for not more than six months.

24 ‘‘(3) A reprimand.
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1 ‘‘(4) Dismissal, bad conduct discharge, or dis2 honorable discharge.

3 ‘‘(5) In the case of an enlisted member, reduction

4 to a lower grade.

5 ‘‘(6) Confinement for not more than 180 days.

6 ‘‘(7) Any combination of the punishments speci7 fied in paragraphs (1) through (6).’’.

8 (c) LIMITATION ON PUNITIVE DISCHARGES.—Such

9 section is further amended by adding at the end the follow10 ing new subsection:

11 ‘‘(c)(1) A dismissal or bad conduct or dishonorable dis12 charge may not be adjudged unless counsel was detailed to

13 represent the accused and a military judge was detailed to

14 the trial.

15 ‘‘(2) In a case in which the sentence adjudged includes

16 dismissal or a bad conduct or dishonorable discharge, a ver17 batim record of the proceedings shall be made.’’.

18 SEC. 533. SPECIAL COURTS-MARTIAL.

19 (a) CONVENING AUTHORITY.—Subsection (a) of section

20 328 of title 32, United States Code, is amended by inserting

21 ‘‘, if a National Guard officer,’’ after ‘‘the commanding offi22 cer’’.

23 (b) PUNISHMENTS.—Subsection (b) of such section is

24 amended to read as follows:
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1 ‘‘(b) A special court-martial may sentence an accused,

2 upon conviction, to any of the following punishments:

3 ‘‘(1) A fine of not more than $300 for a single

4 offense.

5 ‘‘(2) Forfeiture of pay and allowances in an

6 amount of not more than $300 for a single offense,

7 but adjudged forfeiture of pay may not exceed two8 thirds pay per month and forfeitures may not extend

9 for more than six months.

10 ‘‘(3) A reprimand.

11 ‘‘(4) Bad conduct discharge.

12 ‘‘(5) In the case of an enlisted member, reduction

13 to a lower grade.

14 ‘‘(6) Confinement for not more than 100 days.

15 ‘‘(7) Any combination of the punishments speci16 fied in paragraphs (1) through (6).’’.

17 (c) LIMITATION ON BAD CONDUCT DISCHARGES.—

18 Subsection (c) of such section is amended to read as follows:

19 ‘‘(c)(1) A bad conduct discharge may not be adjudged

20 unless counsel was detailed to represent the accused and a

21 military judge was detailed to the trial.

22 ‘‘(2) In a case in which the sentence adjudged includes

23 a bad conduct discharge, a verbatim record of the proceed24 ings shall be made.’’.
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1 SEC. 534. SUMMARY COURTS-MARTIAL.

2 (a) CONVENING AUTHORITY.—Subsection (a) of section

3 329 of title 32, United States Code, is amended—

4 (1) by inserting ‘‘, if a National Guard officer,’’

5 after ‘‘the commanding officer’’; and

6 (2) by inserting after the first sentence the fol7 lowing new sentence: ‘‘Summary courts-martial may

8 also be convened by superior authority.’’.

9 (b) JURISDICTION.—Subsection (a) of such section is

10 further amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (2) by adding at the end the following:

13 ‘‘(2) A summary court-martial may not try a commis14 sioned officer.’’.

15 (c) PUNISHMENTS.—Subsection (b) of such section is

16 amended to read as follows:

17 ‘‘(b) A summary court-martial may sentence an ac18 cused, upon conviction, to any of the following punishments:

19 ‘‘(1) A fine of not more than $200 for a single

20 offense.

21 ‘‘(2) Forfeiture of pay and allowances in an

22 amount of not more than $200 for a single offense,

23 but not to exceed two-thirds of one month’s pay.

24 ‘‘(3) Reduction to a lower grade.

25 ‘‘(4) Any combination of the punishments speci26 fied in paragraphs (1) through (3).’’.
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1 (d) CONSENT OF ACCUSED FOR SUMMARY COURT2 MARTIAL.—Such section is further amended by adding at

3 the end the following new subsection:

4 ‘‘(c) An accused with respect to whom summary

5 courts-martial have jurisdiction may not be brought to trial

6 before a summary court-martial if the accused objects there7 to. If an accused so objects to trial by summary court-mar8 tial, the convening authority may order trial by special or

9 general court-martial, as may be appropriate.’’.

10 SEC. 535. REPEAL OF AUTHORITY FOR CONFINEMENT IN

11 LIEU OF FINE.

12 Section 330 of title 32, United States Code, is repealed.

13 SEC. 536. APPROVAL OF SENTENCE OF BAD CONDUCT DIS14 CHARGE OR CONFINEMENT.

15 (a) IN GENERAL.—Section 331 of title 32, United

16 States Code, is amended by striking out ‘‘or dishonorable

17 discharge’’ and inserting in lieu thereof ‘‘, bad conduct dis18 charge, dishonorable discharge, or confinement for three

19 months or more’’.

20 (b) CONFORMING AMENDMENT.—The heading of such

21 section is amended to read as follows:

22 ‘‘§ 331. Sentences requiring approval of governor’’.

23 SEC. 537. AUTHORITY OF MILITARY JUDGES.

24 Section 332 of title 32, United States Code, is amended

25 by inserting ‘‘or military judge’’ after ‘‘the president’’.
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1 SEC. 538. STATUTORY REORGANIZATION.

2 (a) NEW TITLE 32 CHAPTER.—(1) Title 32, United

3 States Code, is amended by inserting after section 325 the

4 following:

5 ‘‘CHAPTER 4—COURTS-MARTIAL FOR THE

6 NATIONAL GUARD WHEN NOT IN FED7 ERAL SERVICE

‘‘Sec.

‘‘401. Courts-martial: composition, jurisdiction, and procedures.

‘‘402. General courts-martial.

‘‘403. Special courts-martial.

‘‘404. Summary courts-martial.

‘‘405. Sentences requiring approval of governor.

‘‘406. Compelling attendance of accused and witnesses.

‘‘407. Execution of process and sentence.’’.

8 (2) The table of chapters at the beginning of such title

9 is amended by inserting after the item relating to chapter

10 3 the following new item:

‘‘4. Courts-Martial for the National Guard When not in Federal Service 401’’.

11 (3) The table of sections at the beginning of chapter

12 3 of such title is amended by striking out the items relating

13 to sections 326 through 333.

14 (b) REDESIGNATION OF SECTIONS.—The following sec15 tions of title 32, United States Code (as amended by this

16 subtitle), are redesignated as follows:

Section Redesignated section

326 ........................................................................................... 401

327 ........................................................................................... 402

328 ........................................................................................... 403

329 ........................................................................................... 404

331 ........................................................................................... 405

332 ........................................................................................... 406

333 ........................................................................................... 407
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1 (c) SECTION HEADINGS.—The headings for sections

2 401, 402, 403, and 404 of title 32, United States Code, as

3 redesignated by subsection (b), are amended by striking out

4 ‘‘of National Guard not in Federal service’’.

5 SEC. 539. EFFECTIVE DATE.

6 The amendments made by this subtitle shall take effect

7 on the date of the enactment of this Act, except that for

8 an offense committed before that date the maximum punish9 ment shall be the maximum punishment in effect at the

10 time of the commission of the offense.

11 SEC. 540. CONFORMING AMENDMENTS TO UNIFORM CODE

12 OF MILITARY JUSTICE.

13 (a) ARTICLE 20.—Section 820 of title 10, United

14 States Code, is amended—

15 (1) by inserting ‘‘(a)’’ before ‘‘Subject to’’;

16 (2) by striking out the second and third sentences

17 and inserting in lieu thereof the following:

18 ‘‘(b) An accused with respect to whom summary

19 courts-martial have jurisdiction may not be brought to trial

20 before a summary court-martial if the accused objects there21 to. If an accused so objects to trial by summary court-mar22 tial, the convening authority may order trial by special or

23 general court-martial, as may be appropriate.’’; and

24 (3) by designating as subsection (c) the sentence

25 beginning ‘‘Summary courts-martial may,’’.
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1 (b) ARTICLE 54.—Section 854(c)(1) of such title is

2 amended by striking out ‘‘complete record of the proceedings

3 and testimony’’ and inserting in lieu thereof ‘‘verbatim

4 record of the proceedings’’.

5 Subtitle D—Education and

6 Training Programs

7 SEC. 551. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT

8 AS A CADET OR MIDSHIPMAN IN THE SENIOR

9 RESERVE OFFICERS’ TRAINING CORPS AND

10 THE SERVICE ACADEMIES.

11 (a) SENIOR RESERVE OFFICERS’ TRAINING CORPS.—

12 Sections 2107(a) and 2107a(a) of title 10, United States

13 Code, are amended—

14 (1) by striking out ‘‘25 years of age’’ and insert15 ing in lieu thereof ‘‘27 years of age’’; and

16 (2) by striking out ‘‘29 years of age’’ and insert17 ing in lieu thereof ‘‘30 years of age’’.

18 (b) UNITED STATES MILITARY ACADEMY.—Section

19 4346(a) of such title is amended by striking out ‘‘twenty20 second birthday’’ and inserting in lieu thereof ‘‘twenty21 third birthday’’.

22 (c) UNITED STATES NAVAL ACADEMY.—Section

23 6958(a)(1) of such title is amended by striking out ‘‘twenty24 second birthday’’ and inserting in lieu thereof ‘‘twenty25 third birthday’’.
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1 (d) UNITED STATES AIR FORCE ACADEMY.—Section

2 9346(a) of such title is amended by striking out ‘‘twenty3 second birthday’’ and inserting in lieu thereof ‘‘twenty4 third birthday’’.

5 SEC. 552. OVERSIGHT AND MANAGEMENT OF SENIOR RE6 SERVE OFFICERS’ TRAINING CORPS PRO7 GRAM.

8 (a) ENROLLMENT PRIORITY TO BE CONSISTENT WITH

9 PURPOSE OF PROGRAM.—(1) Section 2103 of title 10, Unit10 ed States Code, is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(e) An educational institution at which a unit of the

13 program has been established shall give priority for enroll14 ment in the program to students who are eligible for ad15 vanced training under section 2104 of this title.’’.

16 (2) Section 2109 of such title is amended by adding

17 at the end the following new subsection:

18 ‘‘(c)(1) A person who is not qualified for, and (as de19 termined by the Secretary concerned) will not be able to

20 become qualified for, advanced training by reason of one

21 or more of the requirements prescribed in paragraphs (1)

22 through (3) of section 2104(b) of this title shall not be per23 mitted to participate in—

24 ‘‘(A) field training or a practice cruise under

25 section 2106(b)(6) of this title; or
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1 ‘‘(B) practical military training under sub2 section (a).

3 ‘‘(2) The Secretary of the military department con4 cerned may waive the limitation in paragraph (1) under

5 procedures prescribed by the Secretary.’’.

6 (b) WEAR OF THE MILITARY UNIFORM.—Section

7 772(h) of such title is amended by inserting before the pe8 riod at the end the following: ‘‘if the wear of such uniform

9 is specifically authorized under regulations prescribed by

10 the Secretary of the military department concerned’’.

11 SEC. 553. ROTC SCHOLARSHIP STUDENT PARTICIPATION IN

12 SIMULTANEOUS MEMBERSHIP PROGRAM.

13 Section 2103 of title 10, United States Code, is amend14 ed by adding after subsection (e), as added by section 552,

15 the following new subsection:

16 ‘‘(f) The Secretary of Defense shall ensure that, in car17 rying out the program, the Secretaries of the military de18 partments permit any person who is receiving financial as19 sistance under section 2107 of this title simultaneously to

20 be a member of the Selected Reserve.’’.

21 SEC. 554. EXPANSION OF ROTC ADVANCED TRAINING PRO22 GRAM TO INCLUDE GRADUATE STUDENTS.

23 (a) IN GENERAL.—Section 2107(c) of title 10, United

24 States Code, is amended by inserting before the last sentence

25 the following new sentence: ‘‘The Secretary of the military
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1 department concerned may provide similar financial assist2 ance to a student enrolled in an advanced education pro3 gram beyond the baccalaureate degree level if the student

4 also is a cadet or midshipman in an advanced training

5 program.’’.

6 (b) DEFINITIONAL CHANGE.—Paragraph (3) of section

7 2101 of title 10, United States Code, is amended by insert8 ing ‘‘students enrolled in an advanced education program

9 beyond the baccalaureate degree level or to’’ after ‘instruc10 tion offered in the Senior Reserve Officers’ Training Corps

11 to’’.

12 SEC. 555. RESERVE CREDIT FOR MEMBERS OF ARMED

13 FORCES HEALTH PROFESSIONS SCHOLAR14 SHIP AND FINANCIAL ASSISTANCE PROGRAM.

15 (a) SERVICE CREDIT.—Section 2126 of title 10, Unit16 ed States Code, is amended—

17 (1) by striking out ‘‘Service performed’’ and in18 serting in lieu thereof ‘‘(a) GENERAL RULE AGAINST

19 PROVISION OF SERVICE CREDIT.—Except as provided

20 in subsection (b), service performed’’; and

21 (2) by adding at the end the following:

22 ‘‘(b) SERVICE CREDIT FOR CERTAIN PURPOSES.—(1)

23 This subsection applies with respect to a member of the Se24 lected Reserve who—
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1 ‘‘(A) completed a course of study under this sub2 chapter as a member of the program;

3 ‘‘(B) completed the active duty obligation im4 posed under section 2123(a) of this title; and

5 ‘‘(C) possesses a specialty designated by the Sec6 retary concerned as critically needed in wartime.

7 ‘‘(2) Upon satisfactory completion of a year of service

8 in the Selected Reserve by a member of the Selected Reserve

9 described in paragraph (1), the Secretary concerned may

10 credit the member with a maximum of 50 points creditable

11 toward the computation of the member’s years of service

12 under section 12732(a)(2) of this title for one year of par13 ticipation in a course of study under this subchapter. Not

14 more than four years of participation in a course of study

15 under this subchapter may be considered under this para16 graph.

17 ‘‘(3) In the case of a member of the Selected Reserve

18 described in paragraph (1), the Secretary concerned may

19 also credit the service of the member while pursuing a

20 course of study under this subchapter, but not to exceed a

21 total of four years, for purposes of computing years of serv22 ice creditable under section 205 of title 37.

23 ‘‘(c) LIMITATIONS.—(1) A member of the Selected Re24 serve relieved of any portion of the minimum active duty
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1 obligation imposed under section 2123(a) of this title may

2 not receive any point or service credit under subsection (b).

3 ‘‘(2) A member of the Selected Reserve awarded points

4 or service credit under subsection (b) shall not be considered

5 to have been in an active status, by reason of the award

6 of the points or credit, while pursuing a course of study

7 under this subchapter for purposes of any provision of law

8 other than section 12732(a)(2) of this title and section 205

9 of title 37.’’.

10 (b) RETROACTIVITY BARRED.—A member of the Se11 lected Reserve is not entitled to any retroactive award or

12 increase in pay or allowances as a result of the amendments

13 made by subsection (a).

14 (c) EFFECTIVE DATE.—The amendments made by this

15 section shall apply to individuals receiving financial assist16 ance under section 2107 of title 10, United States Code,

17 after September 30, 1996.

18 SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION

19 BENEFITS TO INCLUDE CERTAIN RESERVE

20 OFFICERS’ TRAINING CORPS (ROTC) PARTICI21 PANTS.

22 (a) ACTIVE DUTY SERVICE.—Section 3011(c) of title

23 38, United States Code, is amended—
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1 (1) by striking out ‘‘or upon completion of a pro2 gram of educational assistance under section 2107 of

3 title 10’’ in paragraph (2); and

4 (2) by adding at the end the following:

5 ‘‘(3) An individual who after December 31, 1976, re6 ceives a commission as an officer in the Armed Forces upon

7 completion of a program of educational assistance under

8 section 2107 of title 10 is not eligible for educational assist9 ance under this section if the individual enters on active

10 duty—

11 ‘‘(A) before October 1, 1996; or

12 ‘‘(B) after September 30, 1996, and while par13 ticipating in such program received more than $2,000

14 for each year of such participation.’’.

15 (b) SELECTED RESERVE.—Section 3012(d) of title 38,

16 United States Code, is amended—

17 (1) by striking out ‘‘or upon completion of a pro18 gram of educational assistance under section 2107 of

19 title 10’’ in paragraph (2); and

20 (2) by adding at the end the following:

21 ‘‘(3) An individual who after December 31, 1976, re22 ceives a commission as an officer in the Armed Forces upon

23 completion of a program of educational assistance under

24 section 2107 of title 10 is not eligible for educational assist-
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1 ance under this section if the individual enters on active

2 duty—

3 ‘‘(A) before October 1, 1996; or

4 ‘‘(B) after September 30, 1996, and while par5 ticipating in such program received more than $2,000

6 for each year of such participation.’’.

7 SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND

8 POLICY IMPLICATIONS OF PERMITTING UP

9 TO FIVE PERCENT OF SERVICE ACADEMY

10 GRADUATES TO BE ASSIGNED DIRECTLY TO

11 RESERVE DUTY UPON GRADUATION.

12 (a) REPORT REQUIRED.—The Comptroller General of

13 the United States shall submit to the Committee on Armed

14 Services of the Senate and the Committee on National Secu15 rity of the House of Representatives a report providing an

16 analysis of the cost implications, and the policy implica17 tions, of permitting up to 5 percent of each graduating class

18 of each of the service academies to be placed, upon gradua19 tion and commissioning, in an active status in the appro20 priate reserve component (without a minimum period of

21 obligated active duty service), with a corresponding increase

22 in the number of ROTC graduates each year who are per23 mitted to serve on active duty upon commissioning.

24 (b) INFORMATION ON CURRENT ACADEMY GRADUATES

25 IN RESERVE COMPONENTS.—The Comptroller General shall
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1 include in the report information (shown in the aggregate

2 and separately for each of the Armed Forces and for grad3 uates of each service academy) on—

4 (1) the number of academy graduates who at the

5 time of the report are serving in an active status in

6 a reserve component; and

7 (2) within the number under paragraph (1), the

8 number for each reserve component and, of those, the

9 number within each reserve component who are on

10 active duty under section 12301(d) of title 10, United

11 States Code, for the purpose of organizing, admin12 istering, recruiting, instructing, or training the re13 serve components.

14 (c) SUBMISSION OF REPORT.—The report shall be sub15 mitted not later than six months after the date of the enact16 ment of this Act.

17 (d) SERVICE ACADEMIES.—For purposes of this sec18 tion, the term ‘‘service academies’’ means—

19 (1) the United States Military Academy;

20 (2) the United States Naval Academy; and

21 (3) the United States Air Force Academy.

22 Subtitle E—Other Matters

23 SEC. 561. HATE CRIMES IN THE MILITARY.

24 (a) HUMAN RELATIONS TRAINING.—(1) The Secretary

25 of Defense shall ensure that the Secretary of each military
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1 department conducts ongoing programs for human relations

2 training for all members of the Armed Forces under the ju3 risdiction of the Secretary. Matters to be covered by such

4 training include race relations, equal opportunity, opposi5 tion to gender discrimination, and sensitivity to ‘‘hate

6 group’’ activity. Such training shall be provided during

7 basic training (or other initial military training) and on

8 a regular basis thereafter.

9 (2) The Secretary of Defense shall also ensure that unit

10 commanders are aware of their responsibilities in ensuring

11 that impermissible activity based upon discriminatory mo12 tives does not occur in units under their command.

13 (b) INFORMATION TO BE PROVIDED TO PROSPECTIVE

14 RECRUITS.—The Secretary of Defense shall ensure that each

15 individual preparing to enter an officer accession program

16 or to execute an original enlistment agreement is provided

17 information concerning the meaning of the oath of office

18 or oath of enlistment for service in the Armed Forces in

19 terms of the equal protection and civil liberties guarantees

20 of the Constitution, and each such individual shall be in21 formed that if supporting those guarantees is not possible

22 personally for that individual, then that individual should

23 decline to enter the Armed Forces.

24 (c) ANNUAL SURVEY.—(1) Section 451 of title 10,

25 United States Code, is amended to read as follows:
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1 ‘‘§ 451. Race relations, gender discrimination, and

2 hate group activity: annual survey and re3 port

4 ‘‘(a) ANNUAL SURVEY.—The Secretary of Defense shall

5 carry out an annual survey to measure the state of racial,

6 ethnic, and gender issues and discrimination among mem7 bers of the armed forces serving on active duty and the ex8 tent (if any) of activity among such members that may be

9 seen as so-called ‘hate group’ activity. The survey shall so10 licit information on the race relations and gender relations

11 climate in the armed forces, including—

12 ‘‘(1) indicators of positive and negative trends of

13 relations among all racial and ethnic groups and be14 tween the sexes;

15 ‘‘(2) the effectiveness of Department of Defense

16 policies designed to improve race, ethnic, and gender

17 relations; and

18 ‘‘(3) the effectiveness of current processes for com19 plaints on and investigations into racial, ethnic, and

20 gender discrimination.

21 ‘‘(b) IMPLEMENTING ENTITY.—The Secretary shall

22 carry out each annual survey through the entity in the De23 partment of Defense known as the Armed Forces Survey on

24 Race/Ethnic Issues.

25 ‘‘(c) REPORTS TO CONGRESS.—Upon completion of bi26 ennial survey under subsection (a), the Secretary shall sub-
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1 mit to Congress a report containing the results of the sur2 vey.’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 22 of such title is

5 amended to read as follows:

‘‘451. Race relations, gender discrimination, and hate group activity: annual survey and report.’’.

6 SEC. 562. AUTHORITY OF A RESERVE JUDGE ADVOCATE TO

7 ACT AS A NOTARY PUBLIC.

8 (a) NOTARY PUBLIC AUTHORITY TO INCLUDE RE9 SERVE LAWYERS OF THE ARMED FORCES.—Section

10 1044a(b) of title 10, United States Code, is amended—

11 (1) in paragraph (1), by striking out ‘‘on active

12 duty or performing inactive-duty training’’ and in13 serting in lieu thereof ‘‘, including reserve judge advo14 cates not on active duty’’;

15 (2) in paragraph (3), by striking out ‘‘adjutants

16 on active duty or performing inactive-duty training’’

17 and inserting in lieu thereof ‘‘adjutants, including re18 serve members not on active duty’’; and

19 (3) in paragraph (4), by striking out ‘‘persons

20 on active duty or performing inactive-duty training’’

21 and inserting in lieu thereof ‘‘members of the armed

22 forces, including reserve members not on active

23 duty,’’.
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1 (b) RATIFICATION OF PRIOR NOTARIAL ACTS.—Any

2 notarial act performed before the enactment of this Act, the

3 validity of which has not been challenged or negated in a

4 case pending before or decided by a court or administrative

5 agency of competent jurisdiction, on or before the date of

6 the enactment of this Act, is hereby confirmed, ratified, and

7 approved with full effect as if such act was performed after

8 the enactment of this Act.

9 SEC. 563. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO

10 PUBLIC HEALTH SERVICE OFFICERS.

11 (a) LEGAL ASSISTANCE AVAILABLE.—Subsection (a)

12 of section 1044 of title 10, United States Code, is amended

13 by striking out paragraph (3) and inserting in lieu thereof

14 the following:

15 ‘‘(3) Officers of the commissioned corps of the

16 Public Health Service who are on active duty or enti17 tled to retired or equivalent pay.

18 ‘‘(4) Dependents of members and former members

19 described in paragraphs (1), (2), and (3).’’.

20 (b) LIMITATION ON ASSISTANCE.—Subsection (c) of

21 such section is amended—

22 (1) by striking out ‘‘armed forces’’ and inserting

23 in lieu thereof ‘‘uniformed services described in sub24 section (a)’’; and

25 (2) by inserting ‘‘such’’ after ‘‘dependent of’’.
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1 (c) CLARIFYING AMENDMENTS.—Subsection (a) of such

2 section is further amended by striking out ‘‘under his juris3 diction’’ in paragraphs (1) and (2).

4 (d) STYLISTIC AMENDMENTS.—Subsection (a) of such

5 section is further amended—

6 (1) in the matter preceding paragraph (1), by

7 striking out ‘‘to—’’ and inserting in lieu thereof ‘‘to

8 the following persons:’’;

9 (2) by capitalizing the first letter of the first

10 word of paragraphs (1) and (2);

11 (3) by striking out the semicolon at the end of

12 paragraph (1) and inserting in lieu thereof a period;

13 and

14 (4) by striking out ‘‘; and’’ at the end of para15 graph (2) and inserting in lieu thereof a period.

16 SEC. 564. EXCEPTED APPOINTMENT OF CERTAIN JUDICIAL

17 NON-ATTORNEY STAFF IN THE UNITED

18 STATES COURT OF APPEALS FOR THE ARMED

19 FORCES.

20 Section 943(c) of title 10, United States Code, is

21 amended—

22 (1) in the heading for the subsection, by insert23 ing ‘‘AND CERTAIN OTHER’’ after ‘‘ATTORNEY’’; and
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1 (2) in paragraph (1), by inserting ‘‘and non-at2 torney positions on the personal staff of a judge’’ after

3 ‘‘Court of Appeals for the Armed Forces’’.

4 SEC. 565. REPLACEMENT OF CERTAIN AMERICAN THEATER

5 CAMPAIGN RIBBONS.

6 (a) REPLACEMENT RIBBONS.—The Secretary of the

7 Army, pursuant to section 3751 of title 10, United States

8 Code, may replace any World War II decoration known as

9 the American Theater Campaign Ribbon that was awarded

10 to a person listed in the order described in subsection (b).

11 (b) RIBBONS PROPERLY AWARDED.—Any person list12 ed in the document titled ‘‘General Order Number 1’’, issued

13 by the Third Auxiliary Surgical Group, APO 647, United

14 States Army, dated February 1, 1943, shall be considered

15 to have been properly awarded the American Theater Cam16 paign Ribbon for service during World War II.

17 SEC. 566. RESTORATION OF REGULATIONS PROHIBITING

18 SERVICE OF HOMOSEXUALS IN THE ARMED

19 FORCES.

20 (a) TERMINATION OF EXISTING ADMINISTRATIVE POL21 ICY.—Effective on the date of the enactment of this Act, the

22 following measures of the executive branch are rescinded

23 and shall cease to be effective:

24 (1) The memorandum of the Secretary of Defense

25 to the Secretaries of the military departments and the
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1 Chairman of the Joint Chiefs of Staff dated July 19,

2 1993, that stated its subject to be: ‘‘Policy on

3 Homsexual Conduct in the Armed Forces’’.

4 (2) The four-page document entitled ‘‘Policy

5 Guidelines on Homsexual Conduct in the Armed

6 Forces’’ that was issued by the Secretary of Defense

7 as an attachment to the memorandum referred to in

8 paragraph (1).

9 (3) The revisions to Department of Defense direc10 tives 1332.30, 1332.14, and 1304.26 that were di11 rected to be made by the General Counsel of the De12 partment of Defense by memorandum dated February

13 28, 1994, to the Director of Administration and Man14 agement of the Department of Defense.

15 (b) REINSTATEMENT OF FORMER REGULATIONS.—Im16 mediately upon the enactment of this Act and effective as

17 of the date of the enactment of this Act—

18 (1) the Secretary of Defense shall reinstate the

19 regulations (including Department of Defense direc20 tives) of the Department of Defense regarding service

21 of homosexuals in the Armed Forces that were in ef22 fect on January 19, 1993; and

23 (2) the Secretary of each military department

24 shall reinstate the regulations of that military depart-
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1 ment regarding service of homosexuals in the Armed

2 Forces that were in effect on January 19, 1993.

3 (c) REVISION PROHIBITED.—The regulations (includ4 ing Department of Defense directives) reinstated pursuant

5 to subsection (b), insofar as they relate to the service of ho6 mosexuals in the Armed Forces, may not be revised except

7 as specifically provided by a law enacted after the enact8 ment of this Act.

9 (d) RULE OF CONSTRUCTION.—In the case of a conflict

10 between the regulations required to be prescribed by sub11 section (b) and the provisions of section 654 of title 10,

12 United States Code, or any other provision of law, the re13 quirements of such provision of law shall be given effect.

14 (e) RESTORATION OF QUESTIONING OF NEW EN15 TRANTS INTO MILITARY SERVICE.—(1) Not later than 90

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall issue instructions for the resumption

18 of questioning of potential new entrants into the Armed

19 Forces as to homosexuality in accordance with the policy

20 and practices of the Department of Defense as of January

21 19, 1993 (as reinstated pursuant to subsection (b)).

22 (2) Section 571(d) of the National Defense Authoriza23 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

24 Stat. 1673; 10 U.S.C. 654 note) is repealed.
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1 SEC. 567. REENACTMENT AND MODIFICATION OF MANDA2 TORY SEPARATION FROM SERVICE FOR MEM3 BERS DIAGNOSED WITH HIV–1 VIRUS.

4 (a) REENACTMENT AND MODIFICATION.—(1) Chapter

5 59 of title 10, United States Code, is amended by inserting

6 after section 1176 the following:

7 ‘‘§ 1177. Members infected with HIV–1 virus: manda8 tory discharge or retirement

9 ‘‘(a) MANDATORY SEPARATION.—(1) A member of the

10 Army, Navy, Air Force, or Marine Corps who is HIV-posi11 tive and who on the date on which the medical determina12 tion is made that the member is HIV-positive has less than

13 15 years of creditable service shall be separated. Such sepa14 ration shall be made on a date determined by the Secretary

15 concerned, which shall be as soon as practicable after the

16 date on which the medical determination is made that the

17 member is HIV-positive and not later than the last day of

18 the second month beginning after such date.

19 ‘‘(2) In determining the years of creditable service of

20 a member for purposes of paragraph (1)—

21 ‘‘(A) in the case of a member on active duty or

22 full-time National Guard duty, the member’s years of

23 creditable service are the number of years of service

24 of the member as computed for the purpose of deter25 mining the member’s eligibility for retirement under
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1 any provision of law (other than chapter 61 or 1223

2 of this title); and

3 ‘‘(B) in the case of a member in an active status,

4 the member’s years of creditable service are the num5 ber of years of service creditable to the member under

6 section 12732 of this title.

7 ‘‘(b) FORM OF SEPARATION.—The characterization of

8 the service of the member shall be determined without re9 gard to the determination that the member is HIV-positive.

10 ‘‘(c) SEPARATION TO BE CONSIDERED INVOLUN11 TARY.—A separation under this section shall be considered

12 to be an involuntary separation for purposes of any other

13 provision of law.

14 ‘‘(d) COUNSELING ABOUT AVAILABLE MEDICAL

15 CARE.—A member to be separated under this section shall

16 be provided information, in writing, before such separation

17 of the available medical care (through the Department of

18 Veterans Affairs and otherwise) to treat the member’s condi19 tion. Such information shall include identification of spe20 cific medical locations near the member’s home of record

21 or point of discharge at which the member may seek nec22 essary medical care.

23 ‘‘(e) HIV-POSITIVE MEMBERS.—A member shall be

24 considered to be HIV-positive for purposes of this section

25 if there is serologic evidence that the member is infected
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1 with the virus known as Human Immunodeficiency Virus–

2 1 (HIV–1), the virus most commonly associated with the

3 acquired immune deficiency syndrome (AIDS) in the Unit4 ed States. Such serologic evidence shall be considered to

5 exist if there is a reactive result given by an enzyme-linked

6 immunosorbent assay (ELISA) serologic test that is con7 firmed by a reactive and diagnostic immunoelectrophoresis

8 test (Western blot) on two separate samples. Any such sero9 logic test must be one that is approved by the Food and

10 Drug Administration.’’.

11 (2) The table of sections at the beginning of chapter

12 59 of such title is amended by inserting after the item relat13 ing to section 1176 the following new item:

‘‘1177. Members infected with HIV–1 virus: mandatory discharge or retirement.’’.

14 (b) EFFECTIVE DATE.—Section 1177 of title 10, Unit15 ed States Code, as added by subsection (a), applies with

16 respect to members of the Army, Navy, Air Force, and Ma17 rine Corps determined to be HIV-positive before, on, or after

18 the date of the enactment of this Act. In the case of a mem19 ber of the Army, Navy, Air Force, or Marine Corps deter20 mined to be HIV-positive before such date, the deadline for

21 separation of the member under subsection (a) of such sec22 tion shall be determined from the date of the enactment of

23 this Act (rather than from the date of such determination),

24 except that no such member shall be separated by reason
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1 of such section (without the consent of the member) before

2 October 1, 1996.

3 TITLE VI—COMPENSATION AND

4 OTHER PERSONNEL BENEFITS

5 Subtitle A—Pay and Allowances

6 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.

7 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

8 adjustment required by section 1009 of title 37, United

9 States Code, in elements of compensation of members of the

10 uniformed services to become effective during fiscal year

11 1997 shall not be made.

12 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

13 January 1, 1997, the rates of basic pay and basic allowance

14 for subsistence of members of the uniformed services are in15 creased by 3 percent.

16 (c) INCREASE IN BAQ.—Effective on January 1, 1997,

17 the rates of basic allowance for quarters of members of the

18 uniformed services are increased by 4.6 percent.

19 SEC. 602. AVAILABILITY OF BASIC ALLOWANCE FOR QUAR20 TERS FOR CERTAIN MEMBERS WITHOUT DE21 PENDENTS WHO SERVE ON SEA DUTY.

22 (a) AVAILABILITY OF ALLOWANCE.—Section 403(c)(2)

23 of title 37, United States Code, is amended—
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1 (1) by striking out ‘‘A member’’ in the first sen2 tence and inserting in lieu thereof ‘‘(A) Except as

3 provided in subparagraph (B) or (C), a member’’;

4 (2) by striking out the second sentence; and

5 (3) by adding at the end the following new sub6 paragraphs:

7 ‘‘(B) Under regulations prescribed by the Secretary

8 concerned, the Secretary may authorize the payment of a

9 basic allowance for quarters to a member of a uniformed

10 service under the jurisdiction of the Secretary when the

11 member is without dependents, is serving in pay grade E–

12 5, and is assigned to sea duty. In prescribing regulations

13 under this subparagraph, the Secretary concerned shall con14 sider the availability of quarters for members serving in

15 pay grade E–5.

16 ‘‘(C) Notwithstanding section 421 of this title, two

17 members of the uniformed services in a pay grade below

18 pay grade E–5 who are married to each other, have no other

19 dependents, and are simultaneously assigned to sea duty

20 are entitled to a single basic allowance for quarters during

21 the period of such simultaneous sea duty. The amount of

22 the allowance shall be based on the without dependents rate

23 for the pay grade of the senior member.’’.

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect on July 1, 1997.
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1 SEC. 603. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT

2 OF VARIABLE HOUSING ALLOWANCE FOR

3 HIGH HOUSING COST AREAS.

4 (a) MINIMUM MONTHLY AMOUNT OF ALLOWANCE.—

5 Subsection (c) of section 403a of title 37, United States

6 Code, is amended by striking out paragraph (1) and insert7 ing in lieu thereof the following new paragraph:

8 ‘‘(1) The monthly amount of a variable housing allow9 ance under this section for a member of a uniformed service

10 with respect to an area is equal to the greater of the follow11 ing amounts:

12 ‘‘(A) An amount equal to the difference be13 tween—

14 ‘‘(i) the median monthly cost of housing in

15 that area for members of the uniformed services

16 serving in the same pay grade and with the

17 same dependency status as that member; and

18 ‘‘(ii) 80 percent of the median monthly cost

19 of housing in the United States for members of

20 the uniformed services serving in the same pay

21 grade and with the same dependency status as

22 that member.

23 ‘‘(B) An amount equal to the difference be24 tween—

25 ‘‘(i) the adequate housing allowance floor

26 determined by the Secretary of Defense for all
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1 members of the uniformed services in that area

2 entitled to a variable housing allowance under

3 this section; and

4 ‘‘(ii) the monthly basic allowance for quar5 ters for members of the uniformed services serv6 ing in the same pay grade and with the same de7 pendency status as that member.’’.

8 (b) ADEQUATE HOUSING ALLOWANCE FLOOR.—Such

9 subsection is further amended by adding at the end the fol10 lowing new paragraph:

11 ‘‘(7)(A) For purposes of paragraph (1)(B)(i), the Sec12 retary of Defense shall establish an adequate housing allow13 ance floor for members of the uniformed services in an area

14 as a selected percentage, not to exceed 85 percent, of the

15 cost of adequate housing in that area based on an index

16 of housing costs selected by the Secretary of Defense from

17 among the following:

18 ‘‘(i) The fair market rentals established annually

19 by the Secretary of Housing and Urban Development

20 under section 8(c)(1) of the United States Housing

21 Act of 1937 (42 U.S.C. 1437f(c)(1)).

22 ‘‘(ii) An index developed in the private sector

23 that the Secretary of Defense determines is com24 parable to the fair market rentals referred to in clause
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1 (i) and is appropriate for use to determine the ade2 quate housing allowance floor.

3 ‘‘(B) The Secretary of Defense shall carry out this

4 paragraph in consultation with the Secretary of Transpor5 tation, the Secretary of Commerce, and the Secretary of

6 Health and Human Services.’’.

7 (c) EFFECT ON TOTAL AMOUNT AVAILABLE FOR AL8 LOWANCE.—Subsection (d)(3) of such section is amended in

9 the second sentence by striking out ‘‘the second sentence of

10 subsection (c)(3)’’ and inserting in lieu thereof ‘‘paragraph

11 (1)(B) of subsection (c) and the second sentence of para12 graph (3) of that subsection’’.

13 (d) CONFORMING AMENDMENTS.—Subsection (c) of

14 such section is further amended—

15 (1) in paragraph (3), by striking out ‘‘this sub16 section’’ in the first sentence and inserting lieu thereof

17 ‘‘paragraph (1)(A) or the minimum amount of a

18 variable housing allowance under paragraph (1)(B)’’;

19 and

20 (2) in paragraph (5), by inserting ‘‘or minimum

21 amount of a variable housing allowance’’ after ‘‘costs

22 of housing’’.

23 (e) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on January 1, 1997, except that the

25 Secretary of Defense may delay implementation of the re-
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1 quirements imposed by the amendments to such later date

2 as the Secretary considers appropriate upon publication of

3 notice to that effect in the Federal Register.

4 Subtitle B—Bonuses and Special

5 and Incentive Pays

6 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

7 FORCES.

8 (a) SELECTED RESERVE REENLISTMENT BONUS.—

9 Section 308b(f) of title 37, United States Code, is amended

10 by striking out ‘‘September 30, 1997’’ and inserting in lieu

11 thereof ‘‘September 30, 1998’’.

12 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec13 tion 308c(e) of title 37, United States Code, is amended by

14 striking out ‘‘September 30, 1997’’ and inserting in lieu

15 thereof ‘‘September 30, 1998’’.

16 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec17 tion 308e(e) of title 37, United States Code, is amended by

18 striking out ‘‘September 30, 1997’’ and inserting in lieu

19 thereof ‘‘September 30, 1998’’.

20 (d) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of title 37, United States

22 Code, is amended by striking out ‘‘September 30, 1997’’ and

23 inserting in lieu thereof ‘‘September 30, 1998’’.

24 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

25 308i(i) of title 37, United States Code, is amended by strik-
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1 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

2 ‘‘September 30, 1998’’.

3 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

4 PAY FOR NURSE OFFICER CANDIDATES, REG5 ISTERED NURSES, AND NURSE ANES6 THETISTS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

9 is amended by striking out ‘‘September 30, 1997’’ and in10 serting in lieu thereof ‘‘September 30, 1998’’.

11 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

12 Section 302d(a)(1) of title 37, United States Code, is

13 amended by striking out ‘‘September 30, 1997’’ and insert14 ing in lieu thereof ‘‘September 30, 1998’’.

15 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES16 THETISTS.—Section 302e(a)(1) of title 37, United States

17 Code, is amended by striking out ‘‘September 30, 1997’’ and

18 inserting in lieu thereof ‘‘September 30, 1998’’.

19 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY20 MENT OF OTHER BONUSES AND SPECIAL

21 PAYS.

22 (a) AVIATION OFFICER RETENTION BONUS.—Section

23 301b(a) of title 37, United States Code, is amended by strik24 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

25 ‘‘September 30, 1998,’’.
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1 (b) SPECIAL PAY FOR HEALTH CARE PROFESSIONALS

2 WHO SERVE IN THE SELECTED RESERVE IN CRITICALLY

3 SHORT WARTIME SPECIALTIES.—Section 302g(f) of title

4 37, United States Code, is amended by striking out ‘‘Sep5 tember 30, 1997’’ and inserting in lieu thereof ‘‘September

6 30, 1998’’.

7 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

8 Section 308(g) of title 37, United States Code, is amended

9 by striking out ‘‘September 30, 1997’’ and inserting in lieu

10 thereof ‘‘September 30, 1998’’.

11 (d) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

12 Sections 308a(c) and 308f(c) of title 37, United States Code,

13 are each amended by striking out ‘‘September 30, 1997’’

14 and inserting in lieu thereof ‘‘September 30, 1998’’.

15 (e) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

16 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR17 ITY UNITS.—Section 308d(c) of title 37, United States

18 Code, is amended by striking out ‘‘September 30, 1997’’ and

19 inserting in lieu thereof ‘‘September 30, 1998’’.

20 (f) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS

21 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

22 of title 37, United States Code, is amended by striking out

23 ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘Sep24 tember 30, 1998’’.
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1 (g) NUCLEAR CAREER ACCESSION BONUS.—Section

2 312b(c) of title 37, United States Code, is amended by strik3 ing out ‘‘September 30, 1997’’ and inserting in lieu thereof

4 ‘‘September 30, 1998’’.

5 (h) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

6 Section 312c(d) of title 37, United States Code, is amended

7 by striking out ‘‘October 1, 1997’’ and inserting in lieu

8 thereof ‘‘October 1, 1998’’.

9 (i) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

10 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

11 RESERVE.—Section 16302(d) of title 10, United States

12 Code, is amended by striking out ‘‘October 1, 1997’’ and

13 inserting in lieu thereof ‘‘October 1, 1998’’.

14 SEC. 614. SPECIAL INCENTIVES TO RECRUIT AND RETAIN

15 DENTAL OFFICERS.

16 (a) VARIABLE, ADDITIONAL, AND BOARD CERTIFIED

17 SPECIAL PAYS FOR ACTIVE DUTY DENTAL OFFICERS.—

18 Section 302b(a) of title 37, United States Code is amend19 ed—

20 (1) in paragraph (2)—

21 (A) in subparagraph (A), by striking out

22 ‘‘$1,200’’ and inserting in lieu thereof ‘‘$3,000’’;

23 (B) in subparagraph (B), by striking out

24 ‘‘$2,000’’ and inserting in lieu thereof ‘‘$7,000’’;

25 and
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1 (C) in subparagraph (C), by striking out

2 ‘‘$4,000’’ and inserting in lieu thereof ‘‘$7,000’’;

3 (2) in paragraph (4), by striking out subpara4 graphs (A), (B), and (C) and inserting in lieu thereof

5 the following:

6 ‘‘(A) $4,000 per year, if the officer has less than

7 three years of creditable service.

8 ‘‘(B) $6,000 per year, if the officer has at least

9 three but less than 14 years of creditable service.

10 ‘‘(C) $8,000 per year, if the officer has at least

11 14 but less than 18 years of creditable service.

12 ‘‘(D) $10,000 per year, if the officer has at least

13 18 or more years of creditable service.’’; and

14 (3) in paragraph (5), by striking out subpara15 graphs (A), (B), and (C) and inserting in lieu thereof

16 the following:

17 ‘‘(A) $2,500 per year, if the officer has less than

18 10 years of creditable service.

19 ‘‘(B) $3,500 per year, if the officer has at least

20 10 but less than 12 years of creditable service.

21 ‘‘(C) $4,000 per year, if the officer has at least

22 12 but less than 14 years of creditable service.

23 ‘‘(D) $5,000 per year, if the officer has at least

24 14 but less than 18 years of creditable service.
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1 ‘‘(E) $6,000 per year, if the officer has 18 or

2 more years of creditable service.’’.

3 (b) RESERVE DENTAL OFFICERS SPECIAL PAY.—Sec4 tion 302b of title 37, United States Code, is amended by

5 adding at the end the following new subsection:

6 ‘‘(h) RESERVE DENTAL OFFICERS SPECIAL PAY.—(1)

7 A reserve dental officer described in paragraph (2) is enti8 tled to special pay at the rate of $350 a month for each

9 month of active duty, including active duty in the form of

10 annual training, active duty for training, and active duty

11 for special work.

12 ‘‘(2) A reserve dental officer referred to in paragraph

13 (1) is a reserve officer who—

14 ‘‘(A) is an officer of the Dental Corps of the

15 Army or the Navy or an officer of the Air Force des16 ignated as a dental officer; and

17 ‘‘(B) is on active duty under a call or order to

18 active duty for a period of less than one year.’’.

19 (c) ACCESSION BONUS FOR DENTAL SCHOOL GRAD20 UATES WHO ENTER THE ARMED FORCES.—(1) Chapter 5

21 of title 37, United States Code, is amended by inserting

22 after section 302g the following new section:
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1 ‘‘§ 302h. Special pay: accession bonus for dental offi2 cers

3 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

4 who is a graduate of an accredited dental school and who,

5 during the period beginning on the date of the enactment

6 of this section, and ending on September 30, 2002, executes

7 a written agreement described in subsection (c) to accept

8 a commission as an officer of the armed forces and remain

9 on active duty for a period of not less than four years may,

10 upon the acceptance of the agreement by the Secretary con11 cerned, be paid an accession bonus in an amount deter12 mined by the Secretary concerned.

13 ‘‘(2) The amount of an accession bonus under para14 graph (1) may not exceed $30,000.

15 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A per16 son may not be paid a bonus under subsection (a) if—

17 ‘‘(1) the person, in exchange for an agreement to

18 accept an appointment as an officer, received finan19 cial assistance from the Department of Defense to

20 pursue a course of study in dentistry; or

21 ‘‘(2) the Secretary concerned determines that the

22 person is not qualified to become and remain certified

23 and licensed as a dentist.

24 ‘‘(c) AGREEMENT.—The agreement referred to in sub25 section (a) shall provide that, consistent with the needs of

26 the armed service concerned, the person executing the agree-
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1 ment will be assigned to duty, for the period of obligated

2 service covered by the agreement, as an officer of the Dental

3 Corps of the Army or the Navy or an officer of the Air

4 Force designated as a dental officer.

5 ‘‘(d) REPAYMENT.—(1) An officer who receives a pay6 ment under subsection (a) and who fails to become and re7 main certified or licensed as a dentist during the period

8 for which the payment is made shall refund to the United

9 States an amount equal to the full amount of such payment.

10 ‘‘(2) An officer who voluntarily terminates service on

11 active duty before the end of the period agreed to be served

12 under subsection (a) shall refund to the United States an

13 amount that bears the same ratio to the amount paid to

14 the officer as the unserved part of such period bears to the

15 total period agreed to be served.

16 ‘‘(3) An obligation to reimburse the United States im17 posed under paragraph (1) or (2) is for all purposes a debt

18 owed to the United States.

19 ‘‘(4) A discharge in bankruptcy under title 11 that is

20 entered less than five years after the termination of an

21 agreement under this section does not discharge the person

22 signing such agreement from a debt arising under such

23 agreement or this subsection. This paragraph applies to any

24 case commenced under title 11 after the date of the enact25 ment of this section.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 302g the following new item:

‘‘302h. Special pay: accession bonus for dental officers.’’.

4 (3) Section 303a of title 37, United States Code, is

5 amended by striking out ‘‘302g’’ each place it appears and

6 inserting in lieu thereof ‘‘302h’’.

7 (d) REPORT ON ADDITIONAL ACTIVITIES TO INCREASE

8 RECRUITMENT OF DENTISTS.—Not later than April 1,

9 1997, the Secretary of Defense shall submit to Congress a

10 report describing the feasibility of increasing the number

11 of persons enrolled in the Armed Forces Health Professions

12 Scholarship and Financial Assistance program who are

13 pursuing a course of study in dentistry in anticipation of

14 service as an officer of the Dental Corps of the Army or

15 the Navy or an officer of the Air Force designated as a den16 tal officer.

17 (e) STYLISTIC AMENDMENTS.—Section 302b of title 37,

18 United States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘VARIABLE,

20 ADDITIONAL, AND BOARD CERTIFICATION SPECIAL

21 PAY.—’’ after ‘‘(a)’’;

22 (2) in subsection (b), by inserting ‘‘ACTIVE-DUTY

23 AGREEMENT.—’’ after ‘‘(b)’’;

24 (3) in subsection (c), by inserting ‘‘REGULA25 TIONS.—’’ after ‘‘(c)’’;
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1 (4) in subsection (d), by inserting ‘‘FREQUENCY

2 OF PAYMENTS.—’’ after ‘‘(d)’’;

3 (5) in subsection (e), by inserting ‘‘REFUND FOR

4 PERIOD OF UNSERVED OBLIGATED SERVICE.—’’ after

5 ‘‘(e)’’;

6 (6) in subsection (f), by inserting ‘‘EFFECT OF

7 DISCHARGE IN BANKRUPTCY.—’’ after ‘‘(f)’’; and

8 (7) in subsection (g), by inserting ‘‘DETERMINA9 TION OF CREDITABLE SERVICE.—’’ after ‘‘(g)’’.

10 Subtitle C—Travel and

11 Transportation Allowances

12 SEC. 621. TEMPORARY LODGING EXPENSES OF MEMBER IN

13 CONNECTION WITH FIRST PERMANENT

14 CHANGE OF STATION.

15 (a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—

16 Section 404a(a) of title 37, United States Code, is amend17 ed—

18 (1) by striking out ‘‘or’’ at the end of paragraph

19 (1);

20 (2) in paragraph (2), by inserting ‘‘or’’ after

21 ‘‘Alaska;’’; and

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

24 ‘‘(3) from home of record or initial technical

25 school to first duty station;’’.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect on January 1, 1997.

3 SEC. 622. ALLOWANCE IN CONNECTION WITH SHIPPING

4 MOTOR VEHICLE AT GOVERNMENT EXPENSE.

5 (a) ALLOWANCE AUTHORIZED.—Section 406(b)(1)(B)

6 of title 37, United States Code, is amended by adding at

7 the end the following: ‘‘If clause (i)(I) applies to the trans8 portation by the member of a motor vehicle from the old

9 duty station, the monetary allowance under this subpara10 graph shall also cover return travel to the old duty station

11 by the member or other person transporting the vehicle. In

12 the case of transportation described in clause (ii), the mone13 tary allowance shall also cover travel from the new duty

14 station to the port of debarkation to pick up the vehicle.’’.

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on January 1, 1997.

17 SEC. 623. DISLOCATION ALLOWANCE AT A RATE EQUAL TO

18 TWO AND ONE-HALF MONTHS BASIC ALLOW19 ANCE FOR QUARTERS.

20 (a) Section 407(a) of title 37, United States Code, is

21 amended in the matter preceding the paragraphs by strik22 ing out ‘‘two months’’ and inserting in lieu thereof ‘‘two

23 and one-half months’’.

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect on January 1, 1997.
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1 SEC. 624. ALLOWANCE FOR TRAVEL PERFORMED IN CON2 NECTION WITH LEAVE BETWEEN CONSECU3 TIVE OVERSEAS TOURS.

4 (a) ADDITIONAL DEFERRAL.—Section 411b(a)(2) of

5 title 37, United States Code, is amended by adding at the

6 end the following: ‘‘If the member is unable to undertake

7 the travel before the end of such one-year period as a result

8 of the participation of the member in a critical operational

9 mission, as determined by the Secretary concerned, the

10 member may defer the travel, under the regulations referred

11 to in paragraph (1), for a period not to exceed one year

12 after the date on which the member’s participation in the

13 critical operational mission ends.’’.

14 (b) APPLICATION OF AMENDMENT.—The amendment

15 made by subsection (a) shall apply to members of the uni16 formed services participating, on or after November 1, 1995,

17 in critical operational missions designated by the Secretary

18 of Defense.

19 Subtitle D—Retired Pay, Survivior

20 Benefits, and Related Matters

21 SEC. 631. INCREASE IN ANNUAL LIMIT ON DAYS OF INAC22 TIVE DUTY TRAINING CREDITABLE TOWARDS

23 RESERVE RETIREMENT.

24 (a) INCREASE IN LIMIT.—Section 12733(3) is amend25 ed by inserting before the period at the end the following:

26 ‘‘before the year in which the date of the enactment of the
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1 National Defense Authorization Act for Fiscal Year 1997

2 occurs and not more than 75 days in any subsequent year’’.

3 (b) TRACKING SYSTEM FOR AWARD OF RETIREMENT

4 POINTS.—To better enable the Secretary of Defense and

5 Congress to assess the cost and the effect on readiness of

6 the amendment made by subsection (a) and of other poten7 tial changes to the Reserve retirement system under chapter

8 1223 of title 10, United States Code, the Secretary of De9 fense shall require the Secretary of each military depart10 ment to implement a system to monitor the award of retire11 ment points for purposes of that chapter by categories in

12 accordance with the recommendation set forth in the August

13 1988 report of the Sixth Quadrennial Review of Military

14 Compensation.

15 (c) RECOMMENDATIONS TO CONGRESS.—The Secretary

16 shall submit to Congress, not later than one year after the

17 date of the enactment of this Act, the recommendations of

18 the Secretary with regard to the adoption of the following

19 Reserve retirement initiatives recommended in the August

20 1988 report of the Sixth Quadrennial Review of Military

21 Compensation:

22 (1) Elimination of membership points under

23 subparagraph (C) of section 12732(a)(2) of title 10,

24 United States Code, in conjunction with a decrease
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1 from 50 to 35 in the number of points required for

2 a satisfactory year under that section.

3 (2) Limitation to 60 in any year on the number

4 of points that may be credited under subparagraph

5 (B) of section 12732(a)(2) of such title at two points

6 per day.

7 (3) Limitation to 360 in any year on the total

8 number of retirement points countable for purposes of

9 section 12733 of such title.

10 SEC. 632. AUTHORITY FOR RETIREMENT IN GRADE IN

11 WHICH A MEMBER HAS BEEN SELECTED FOR

12 PROMOTION WHEN A PHYSICAL DISABILITY

13 INTERVENES.

14 Section 1372 of title 10, United States Code, is amend15 ed by striking out ‘‘his physical examination for pro16 motion’’ in paragraphs (3) and (4) and inserting in lieu

17 thereof ‘‘a physical examination’’.

18 SEC. 633. ELIGIBILITY FOR RESERVE DISABILITY RETIRE19 MENT FOR RESERVES INJURED WHILE AWAY

20 FROM HOME OVERNIGHT FOR INACTIVE-DUTY

21 TRAINING.

22 Section 1204(2) of title 10, United States Code, is

23 amended by inserting before the semicolon at the end the

24 following: ‘‘or is incurred in line of duty while remaining

25 overnight, between successive periods of inactive-duty train-
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1 ing, at or in the vicinity of the site of the inactive-duty

2 training, if the site is outside reasonable commuting dis3 tance from the member’s residence’’.

4 SEC. 634. RETIREMENT OF RESERVE ENLISTED MEMBERS

5 WHO QUALIFY FOR ACTIVE DUTY RETIRE6 MENT AFTER ADMINISTRATIVE REDUCTION

7 IN ENLISTED GRADE.

8 (a) ARMY.—(1) Chapter 369 of title 10, United States

9 Code, is amended by inserting after section 3962 the follow10 ing new section:

11 ‘‘§ 3963. Highest grade held satisfactorily: Reserve en12 listed members reduced in grade not as a

13 result of the member’s misconduct

14 ‘‘(a) A Reserve enlisted member of the Army described

15 in subsection (b) who is retired under section 3914 of this

16 title shall be retired in the highest enlisted grade in which

17 the member served on active duty satisfactorily (or, in the

18 case of a member of the National Guard, in which the mem19 ber served on full-time duty satisfactorily), as determined

20 by the Secretary of the Army.

21 ‘‘(b) This section applies to a Reserve enlisted member

22 who—

23 ‘‘(1) at the time of retirement is serving on ac24 tive duty (or, in the case of a member of the National

25 Guard, on full-time National Guard duty) in a grade
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1 lower than the highest enlisted grade held by the

2 member while on active duty (or full-time National

3 Guard duty); and

4 ‘‘(2) was previously administratively reduced in

5 grade not as a result of the member’s own misconduct,

6 as determined by the Secretary of the Army.

7 ‘‘(c) This section applies with respect to Reserve en8 listed members who are retired under section 3914 of this

9 title after September 30, 1996.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 3962 the following new item:

‘‘3963. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.

13 (b) NAVY AND MARINE CORPS.—(1) Chapter 571 of

14 title 10, United States Code, is amended by adding at the

15 end the following new section:

16 ‘‘§ 6336. Highest grade held satisfactorily: Reserve en17 listed members reduced in grade not as a

18 result of the member’s misconduct

19 ‘‘(a) A member of the Naval Reserve or Marine Corps

20 Reserve described in subsection (b) who is transferred to the

21 Fleet Reserve or the Fleet Marine Corps Reserve under sec22 tion 6330 of this title shall be transferred in the highest

23 enlisted grade in which the member served on active duty

24 satisfactorily, as determined by the Secretary of the Navy.
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1 ‘‘(b) This section applies to a Reserve enlisted member

2 who—

3 ‘‘(1) at the time of transfer to the Fleet Reserve

4 or Fleet Marine Corps Reserve is serving on active

5 duty in a grade lower than the highest enlisted grade

6 held by the member while on active duty; and

7 ‘‘(2) was previously administratively reduced in

8 grade not as a result of the member’s own misconduct,

9 as determined by the Secretary of the Navy.

10 ‘‘(c) This section applies with respect to enlisted mem11 bers of the Naval Reserve and Marine Corps Reserve who

12 are transferred to the Fleet Reserve or the Fleet Marine

13 Corps Reserve after September 30, 1996.’’.

14 (2) The table of sections at the beginning of such chap15 ter is amended by adding at the end the following new item:

‘‘6336. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.

16 (c) AIR FORCE.—(1) Chapter 869 of title 10, United

17 States Code, is amended by inserting after section 8962 the

18 following new section:

19 ‘‘§ 8963. Highest grade held satisfactorily: Reserve en20 listed members reduced in grade not as a

21 result of the member’s misconduct

22 ‘‘(a) A Reserve enlisted member of the Air Force de23 scribed in subsection (b) who is retired under section 8914

24 of this title shall be retired in the highest enlisted grade
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1 in which the member served on active duty satisfactorily

2 (or, in the case of a member of the National Guard, in

3 which the member served on full-time duty satisfactorily),

4 as determined by the Secretary of the Air Force.

5 ‘‘(b) This section applies to a Reserve enlisted member

6 who—

7 ‘‘(1) at the time of retirement is serving on ac8 tive duty (or, in the case of a member of the National

9 Guard, on full-time National Guard duty) in a grade

10 lower than the highest enlisted grade held by the

11 member while on active duty (or full-time National

12 Guard duty); and

13 ‘‘(2) was previously administratively reduced in

14 grade not as a result of the member’s own misconduct,

15 as determined by the Secretary of the Air Force.

16 ‘‘(c) This section applies with respect to Reserve en17 listed members who are retired under section 8914 of this

18 title after September 30, 1996.’’.

19 (2) The table of sections at the beginning of such chap20 ter is amended by inserting after the item relating to section

21 8962 the following new item:

‘‘8963. Highest grade held satisfactorily: Reserve enlisted members reduced in

grade not as a result of the member’s misconduct.’’.

22 (d) COMPUTATION OF RETIRED AND RETAINER PAY

23 BASED UPON RETIRED GRADE.—(1) Section 3991 of such
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1 title is amended by adding at the end the following new

2 subsection:

3 ‘‘(c) SPECIAL RULE FOR RETIRED RESERVE EN4 LISTED MEMBERS COVERED BY SECTION 3963.—In the

5 case of a Reserve enlisted member retired under section 3914

6 of this title whose retired grade is determined under section

7 3963 of this title and who first became a member of a uni8 formed service before October 1, 1980, the retired pay base

9 of the member (notwithstanding section 1406(a)(1) of this

10 title) is the amount of the monthly basic pay of the mem11 ber’s retired grade (determined based upon the rates of basic

12 pay applicable on the date of the member’s retirement), and

13 that amount shall be used for the purposes of subsection

14 (a)(1)(A) rather than the amount computed under section

15 1406(c) of this title.’’.

16 (2) Section 6333 of such title is amended by adding

17 at the end the following new subsection:

18 ‘‘(c) In the case of a Reserve enlisted member whose

19 grade upon transfer to the Fleet Reserve or Fleet Marine

20 Corps Reserve is determined under section 6336 of this title

21 and who first became a member of a uniformed service be22 fore October 1, 1980, the retainer pay base of the member

23 (notwithstanding section 1406(a)(1) of this title) is the

24 amount of the monthly basic pay of the grade in which the

25 member is so transferred (determined based upon the rates
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1 of basic pay applicable on the date of the member’s trans2 fer), and that amount shall be used for the purposes of the

3 table in subsection (a) rather than the amount computed

4 under section 1406(d) of this title.’’.

5 (3) Section 8991 of such title is amended by adding

6 at the end the following new subsection:

7 ‘‘(c) SPECIAL RULE FOR RETIRED RESERVE EN8 LISTED MEMBERS COVERED BY SECTION 8963.—In the

9 case of a Reserve enlisted member retired under section 8914

10 of this title whose retired grade is determined under section

11 8963 of this title and who first became a member of a uni12 formed service before October 1, 1980, the retired pay base

13 of the member (notwithstanding section 1406(a)(1) of this

14 title) is the amount of the monthly basic pay of the mem15 ber’s retired grade (determined based upon the rates of basic

16 pay applicable on the date of the member’s retirement), and

17 that amount shall be used for the purposes of subsection

18 (a)(1)(A) rather than the amount computed under section

19 1406(e) of this title.’’.

20 SEC. 635. CLARIFICATION OF INITIAL COMPUTATION OF RE21 TIREE COLAS AFTER RETIREMENT.

22 (a) IN GENERAL.—Section 1401a of title 10, United

23 States Code, is amended by striking out subsections (c) and

24 (d) and inserting in lieu thereof the following new sub25 sections:
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1 ‘‘(c) FIRST COLA ADJUSTMENT FOR MEMBERS WITH

2 RETIRED PAY COMPUTED USING FINAL BASIC PAY.—

3 ‘‘(1) FIRST ADJUSTMENT WITH INTERVENING IN4 CREASE IN BASIC PAY.—Notwithstanding subsection

5 (b), if a person described in paragraph (3) becomes

6 entitled to retired pay based on rates of monthly basic

7 pay that became effective after the last day of the cal8 endar quarter of the base index, the retired pay of the

9 member or former member shall be increased on the

10 effective date of the next adjustment of retired pay

11 under subsection (b) only by the percent (adjusted to

12 the nearest one-tenth of 1 percent) by which—

13 ‘‘(A) the price index for the base quarter of

14 that year, exceeds

15 ‘‘(B) the price index for the calendar quar16 ter immediately before the calendar quarter in

17 which the rates of monthly basic pay on which

18 the retired pay is based became effective.

19 ‘‘(2) FIRST ADJUSTMENT WITH NO INTERVENING

20 INCREASE IN BASIC PAY.—If a person described in

21 paragraph (3) becomes entitled to retired pay on or

22 after the effective date of an adjustment in retired

23 pay under subsection (b) but before the effective date

24 of the next increase in the rates of monthly basic pay,

25 the retired pay of the member or former member shall
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1 be increased, effective on the date the member becomes

2 entitled to that pay, by the percent (adjusted to the

3 nearest one-tenth of 1 percent) by which—

4 ‘‘(A) the base index, exceeds

5 ‘‘(B) the price index for the calendar quar6 ter immediately before the calendar quarter in

7 which the rates of monthly basic pay on which

8 the retired pay is based became effective.

9 ‘‘(3) MEMBERS COVERED.—Paragraphs (1) and

10 (2) apply to a member or former member of an armed

11 force who first became a member of a uniformed serv12 ice before August 1, 1986, and whose retired pay base

13 is determined under section 1406 of this title.

14 ‘‘(d) FIRST COLA ADJUSTMENT FOR MEMBERS WITH

15 RETIRED PAY COMPUTED USING HIGH-THREE.—Notwith16 standing subsection (b), the retired pay of a member or

17 former member of an armed force who first became a mem18 ber of a uniformed service before August 1, 1986, and whose

19 retired pay base is determined under section 1407 of this

20 title shall be increased on the effective date of the first ad21 justment of retired pay under subsection (b) after the mem22 ber or former member becomes entitled to retired pay by

23 the percent (adjusted to the nearest one-tenth of 1 percent)

24 equal to the difference between the percent by which—
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1 ‘‘(1) the price index for the base quarter of that

2 year, exceeds

3 ‘‘(2) the price index for the calendar quarter im4 mediately before the calendar quarter during which

5 the member became entitled to retired pay.’’.

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall apply only to adjustments of retired and

8 retainer pay effective after the date of the enactment of this

9 Act.

10 SEC. 636. TECHNICAL CORRECTION TO PRIOR AUTHORITY

11 FOR PAYMENT OF BACK PAY TO CERTAIN

12 PERSONS.

13 Section 634 of the National Defense Authorization Act

14 for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 366)

15 is amended—

16 (1) in subsection (b)(1), by striking out ‘‘Island

17 of Bataan’’ and inserting in lieu thereof ‘‘peninsula

18 of Bataan or island of Corregidor’’; and

19 (2) in subsection (c), by inserting after the first

20 sentence the following: ‘‘For the purposes of this sub21 section, the Secretary of War shall be deemed to have

22 determined that conditions in the Philippines during

23 the specified period justified payment under applica24 ble regulations of quarters and subsistence allowances
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1 at the maximum special rate for duty where emer2 gency conditions existed.’’.

3 SEC. 637. AMENDMENTS TO THE UNIFORMED SERVICES

4 FORMER SPOUSES’ PROTECTION ACT.

5 (a) MANNER OF SERVICE OF PROCESS.—Subsection

6 (b)(1)(A) of section 1408 of title 10, United States Code,

7 is amended by striking out ‘‘certified or registered mail, re8 turn receipt requested’’ and inserting in lieu thereof ‘‘fac9 simile or electronic transmission or by mail’’.

10 (b) SUBSEQUENT COURT ORDER FROM ANOTHER

11 STATE.—Subsection (d) of such section is amended by add12 ing at the end the following new paragraph:

13 ‘‘(6)(A) The Secretary concerned may not accept serv14 ice of a court order that is an out-of State modification,

15 or comply with the provisions of such a court order, unless

16 the court issuing that order has jurisdiction in the manner

17 specified in subsection (c)(4) over both the member and the

18 spouse or former spouse involved.

19 ‘‘(B) A court order shall be considered to be an out20 of-State modification for purposes of this paragraph if the

21 order—

22 ‘‘(i) modifies a previous court order under this

23 section upon which payments under this subsection

24 are based; and
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1 ‘‘(ii) is issued by a court of a State other than

2 the State of the court that issued the previous court

3 order.’’.

4 SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED

5 MINIMUM INCOME WIDOWS.

6 (a) PAYMENTS TO BE MADE BY SECRETARY OF VET7 ERANS AFFAIRS.—Section 4 of Public Law 92–425 (10

8 U.S.C. 1448 note) is amended by adding at the end the fol9 lowing new subsection:

10 ‘‘(e)(1) Payment of annuities under this section shall

11 be made by the Secretary of Veterans Affairs. If appropriate

12 for administrative convenience (or otherwise determined

13 appropriate by the Secretary of Veterans Affairs), that Sec14 retary may combine a payment to any person for any

15 month under this section with any other payment for that

16 month under laws administered by the Secretary so as to

17 provide that person with a single payment for that month.

18 ‘‘(2) The Secretary concerned shall annually transfer

19 to the Secretary of Veterans Affairs such amounts as may

20 be necessary for payments by the Secretary of Veterans Af21 fairs under this section and for costs of the Secretary of

22 Veterans Affairs in administering this section. Such trans23 fers shall be made from amounts that would otherwise be

24 used for payment of annuities by the Secretary concerned

25 under this section. The authority to make such a transfer
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1 is in addition to any other authority of the Secretary con2 cerned to transfer funds for a purpose other than the pur3 pose for which the funds were originally made available.

4 In the case of a transfer by the Secretary of a military de5 partment, the provisions of section 2215 of this title do not

6 apply.

7 ‘‘(3) The Secretary concerned shall promptly notify the

8 Secretary of Veterans Affairs of any change in beneficiaries

9 under this section.’’.

10 (b) EFFECTIVE DATE.—Subsection (e) of section 4 of

11 Public Law 92–425, as added by subsection (a), shall apply

12 with respect to payments of benefits for any month after

13 June 1997.

14 SEC. 639. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR

15 BENEFIT PLAN STATUTE.

16 Subchapter II of chapter 73 of title 10, United States

17 Code, is amended to read as follows:

18 ‘‘SUBCHAPTER II—SURVIVOR BENEFIT PLAN

‘‘Sec.

‘‘1447. Definitions.

‘‘1448. Application of Plan.

‘‘1449. Mental incompetency of member.

‘‘1450. Payment of annuity: beneficiaries.

‘‘1451. Amount of annuity.

‘‘1452. Reduction in retired pay.

‘‘1453. Recovery of amounts erroneously paid.

‘‘1454. Correction of administrative errors.

‘‘1455. Regulations.

19 ‘‘§ 1447. Definitions

20 ‘‘In this subchapter:
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1 ‘‘(1) PLAN.—The term ‘Plan’ means the Survivor

2 Benefit Plan established by this subchapter.

3 ‘‘(2) STANDARD ANNUITY.—The term ‘standard

4 annuity’ means an annuity provided by virtue of eli5 gibility under section 1448(a)(1)(A) of this title.

6 ‘‘(3) RESERVE-COMPONENT ANNUITY.—The term

7 ‘reserve-component annuity’ means an annuity pro8 vided by virtue of eligibility under section

9 1448(a)(1)(B) of this title.

10 ‘‘(4) RETIRED PAY.—The term ‘retired pay’ in11 cludes retainer pay paid under section 6330 of this

12 title.

13 ‘‘(5) RESERVE-COMPONENT RETIRED PAY.—The

14 term ‘reserve-component retired pay’ means retired

15 pay under chapter 1223 of this title (or under chapter

16 67 of this title as in effect before the effective date of

17 the Reserve Officer Personnel Management Act).

18 ‘‘(6) BASE AMOUNT.—The term ‘base amount’

19 means the following:

20 ‘‘(A) FULL AMOUNT UNDER STANDARD AN21 NUITY.—In the case of a person who dies after

22 becoming entitled to retired pay, such term

23 means the amount of monthly retired pay (deter24 mined without regard to any reduction under
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1 section 1409(b)(2) of this title) to which the per2 son—

3 ‘‘(i) was entitled when he became eligi4 ble for that pay; or

5 ‘‘(ii) later became entitled by being ad6 vanced on the retired list, performing active

7 duty, or being transferred from the tem8 porary disability retired list to the perma9 nent disability retired list.

10 ‘‘(B) FULL AMOUNT UNDER RESERVE-COM11 PONENT ANNUITY.—In the case of a person who

12 would have become eligible for reserve-component

13 retired pay but for the fact that he died before

14 becoming 60 years of age, such term means the

15 amount of monthly retired pay for which the

16 person would have been eligible—

17 ‘‘(i) if he had been 60 years of age on

18 the date of his death, for purposes of an an19 nuity to become effective on the day after

20 his death in accordance with a designation

21 made under section 1448(e) of this title.

22 ‘‘(ii) upon becoming 60 years of age (if

23 he had lived to that age), for purposes of an

24 annuity to become effective on the 60th an25 niversary of his birth in accordance with a
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1 designation made under section 1448(e) of

2 this title.

3 ‘‘(C) REDUCED AMOUNT.—Such term means

4 any amount less than the amount otherwise ap5 plicable under subparagraph (A) or (B) with re6 spect to an annuity provided under the Plan but

7 which is not less than $300 and which is des8 ignated by the person (with the concurrence of

9 the person’s spouse, if required under section

10 1448(a)(3) of this title) providing the annuity on

11 or before—

12 ‘‘(i) the first day for which he becomes

13 eligible for retired pay, in the case of a per14 son providing a standard annuity, or

15 ‘‘(ii) the end of the 90-day period be16 ginning on the date on which he receives the

17 notification required by section 12731(d) of

18 this title that he has completed the years of

19 service required for eligibility for reserve20 component retired pay, in the case of a per21 son providing a reserve-component annuity.

22 ‘‘(7) WIDOW.—The term ‘widow’ means the sur23 viving wife of a person who, if not married to the

24 person at the time he became eligible for retired

25 pay—
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1 ‘‘(A) was married to the person for at least

2 one year immediately before the person’s death;

3 or

4 ‘‘(B) is the mother of issue by that mar5 riage.

6 ‘‘(8) WIDOWER.—The term ‘widower’ means the

7 surviving husband of a person who, if not married to

8 the person at the time she became eligible for retired

9 pay—

10 ‘‘(A) was married to her for at least one

11 year immediately before her death; or

12 ‘‘(B) is the father of issue by that marriage.

13 ‘‘(9) SURVIVING SPOUSE.—The term ‘surviving

14 spouse’ means a widow or widower.

15 ‘‘(10) FORMER SPOUSE.—The term ‘former

16 spouse’ means the surviving former husband or wife

17 of a person who is eligible to participate in the Plan.

18 ‘‘(11) DEPENDENT CHILD.—

19 ‘‘(A) IN GENERAL.—The term ‘dependent

20 child’ means a person who—

21 ‘‘(i) is unmarried;

22 ‘‘(ii) is (I) under 18 years of age, (II)

23 at least 18, but under 22, years of age and

24 pursuing a full-time course of study or

25 training in a high school, trade school, tech-
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1 nical or vocational institute, junior college,

2 college, university, or comparable recognized

3 educational institution, or (III) incapable

4 of self support because of a mental or phys5 ical incapacity existing before the person’s

6 eighteenth birthday or incurred on or after

7 that birthday, but before the person’s twen8 ty-second birthday, while pursuing such a

9 full-time course of study or training; and

10 ‘‘(iii) is the child of a person to whom

11 the Plan applies, including (I) an adopted

12 child, and (II) a stepchild, foster child, or

13 recognized natural child who lived with that

14 person in a regular parent-child relation15 ship.

16 ‘‘(B) SPECIAL RULES FOR COLLEGE STU17 DENTS.—For the purpose of subparagraph (A), a

18 child whose twenty-second birthday occurs before

19 July 1 or after August 31 of a calendar year,

20 and while regularly pursuing such a course of

21 study or training, is considered to have become

22 22 years of age on the first day of July after that

23 birthday. A child who is a student is considered

24 not to have ceased to be a student during an in25 terim between school years if the interim is not
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1 more than 150 days and if the child shows to the

2 satisfaction of the Secretary of Defense that the

3 child has a bona fide intention of continuing to

4 pursue a course of study or training in the same

5 or a different school during the school semester

6 (or other period into which the school year is di7 vided) immediately after the interim.

8 ‘‘(C) FOSTER CHILDREN.—A foster child, to

9 qualify under this paragraph as the dependent

10 child of a person to whom the Plan applies,

11 must, at the time of the death of that person, also

12 reside with, and receive over one-half of his sup13 port from, that person, and not be cared for

14 under a social agency contract. The temporary

15 absence of a foster child from the residence of

16 that person, while a student as described in this

17 paragraph, shall not be considered to affect the

18 residence of such a foster child.

19 ‘‘(12) COURT.—The term ‘court’ has the meaning

20 given that term by section 1408(a)(1) of this title.

21 ‘‘(13) COURT ORDER.—

22 ‘‘(A) IN GENERAL.—The term ‘court order’

23 means a court’s final decree of divorce, dissolu24 tion, or annulment or a court ordered, ratified,

25 or approved property settlement incident to such
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1 a decree (including a final decree modifying the

2 terms of a previously issued decree of divorce,

3 dissolution, annulment, or legal separation, or of

4 a court ordered, ratified, or approved property

5 settlement agreement incident to such previously

6 issued decree).

7 ‘‘(B) FINAL DECREE.—The term ‘final de8 cree’ means a decree from which no appeal may

9 be taken or from which no appeal has been taken

10 within the time allowed for the taking of such

11 appeals under the laws applicable to such ap12 peals, or a decree from which timely appeal has

13 been taken and such appeal has been finally de14 cided under the laws applicable to such appeals.

15 ‘‘(C) REGULAR ON ITS FACE.—The term

16 ‘regular on its face’, when used in connection

17 with a court order, means a court order that

18 meets the conditions prescribed in section

19 1408(b)(2) of this title.

20 ‘‘§ 1448. Application of plan

21 ‘‘(a) GENERAL RULES FOR PARTICIPATION IN THE

22 PLAN.—

23 ‘‘(1) NAME OF PLAN; ELIGIBLE PARTICIPANTS.—

24 The program established by this subchapter shall be
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1 known as the Survivor Benefit Plan. The following

2 persons are eligible to participate in the Plan:

3 ‘‘(A) Persons entitled to retired pay.

4 ‘‘(B) Persons who would be eligible for re5 serve-component retired pay but for the fact that

6 they are under 60 years of age.

7 ‘‘(2) PARTICIPANTS IN THE PLAN.—The Plan ap8 plies to the following persons, who shall be partici9 pants in the Plan:

10 ‘‘(A) STANDARD ANNUITY PARTICIPANTS.—

11 A person who is eligible to participate in the

12 Plan under paragraph (1)(A) and who is mar13 ried or has a dependent child when he becomes

14 entitled to retired pay, unless he elects (with his

15 spouse’s concurrence, if required under para16 graph (3)) not to participate in the Plan before

17 the first day for which he is eligible for that pay.

18 ‘‘(B) RESERVE-COMPONENT ANNUITY PAR19 TICIPANTS.—A person who (i) is eligible to par20 ticipate in the Plan under paragraph (1)(B),

21 (ii) is married or has a dependent child when he

22 is notified under section 12731(d) of this title

23 that he has completed the years of service re24 quired for eligibility for reserve-component re25 tired pay, and (iii) elects to participate in the
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1 Plan (and makes a designation under subsection

2 (e)) before the end of the 90-day period beginning

3 on the date he receives such notification.

4 A person described in clauses (i) and (ii) of subpara5 graph (B) who does not elect to participate in the

6 Plan before the end of the 90-day period referred to

7 in that clause remains eligible, upon reaching 60

8 years of age and otherwise becoming entitled to re9 tired pay, to participate in the Plan in accordance

10 with eligibility under paragraph (1)(A).

11 ‘‘(3) ELECTIONS.—

12 ‘‘(A) SPOUSAL CONSENT FOR CERTAIN

13 ELECTIONS RESPECTING STANDARD ANNUITY.—A

14 married person who is eligible to provide a

15 standard annuity may not without the concur16 rence of the person’s spouse elect—

17 ‘‘(i) not to participate in the Plan;

18 ‘‘(ii) to provide an annuity for the per19 son’s spouse at less than the maximum level;

20 or

21 ‘‘(iii) to provide an annuity for a de22 pendent child but not for the person’s

23 spouse.

24 ‘‘(B) SPOUSAL CONSENT FOR CERTAIN

25 ELECTIONS RESPECTING RESERVE-COMPONENT
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1 ANNUITY.—A married person who elects to pro2 vide a reserve-component annuity may not with3 out the concurrence of the person’s spouse elect—

4 ‘‘(i) to provide an annuity for the per5 son’s spouse at less than the maximum level;

6 or

7 ‘‘(ii) to provide an annuity for a de8 pendent child but not for the person’s

9 spouse.

10 ‘‘(C) EXCEPTION WHEN SPOUSE UNAVAIL11 ABLE.—A person may make an election de12 scribed in subparagraph (A) or (B) without the

13 concurrence of the person’s spouse if the person

14 establishes to the satisfaction of the Secretary

15 concerned—

16 ‘‘(i) that the spouse’s whereabouts can17 not be determined; or

18 ‘‘(ii) that, due to exceptional cir19 cumstances, requiring the person to seek the

20 spouse’s consent would otherwise be inap21 propriate.

22 ‘‘(D) CONSTRUCTION WITH FORMER SPOUSE

23 ELECTION PROVISIONS.—This paragraph does

24 not affect any right or obligation to elect to pro25 vide an annuity for a former spouse (or for a
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1 former spouse and dependent child) under sub2 section (b)(2).

3 ‘‘(E) NOTICE TO SPOUSE OF ELECTION TO

4 PROVIDE FORMER SPOUSE ANNUITY.—If a mar5 ried person who is eligible to provide a standard

6 annuity elects to provide an annuity for a

7 former spouse (or for a former spouse and de8 pendent child) under subsection (b)(2), that per9 son’s spouse shall be notified of that election.

10 ‘‘(4) IRREVOCABILITY OF ELECTIONS.—

11 ‘‘(A) STANDARD ANNUITY.—An election

12 under paragraph (2)(A) not to participate in the

13 Plan is irrevocable if not revoked before the date

14 on which the person first becomes entitled to re15 tired pay.

16 ‘‘(B) RESERVE-COMPONENT ANNUITY.—An

17 election under paragraph (2)(B) to participate

18 in the Plan is irrevocable if not revoked before

19 the end of the 90-day period referred to in that

20 paragraph.

21 ‘‘(5) PARTICIPATION BY PERSON MARRYING

22 AFTER RETIREMENT, ETC.—

23 ‘‘(A) ELECTION TO PARTICIPATE IN PLAN.—

24 A person who is not married and has no depend25 ent child upon becoming eligible to participate
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1 in the Plan but who later marries or acquires a

2 dependent child may elect to participate in the

3 Plan.

4 ‘‘(B) MANNER AND TIME OF ELECTION.—

5 Such an election must be written, signed by the

6 person making the election, and received by the

7 Secretary concerned within one year after the

8 date on which that person marries or acquires

9 that dependent child.

10 ‘‘(C) LIMITATION ON REVOCATION OF ELEC11 TION.—Such an election may not be revoked ex12 cept in accordance with subsection (b)(3).

13 ‘‘(D) EFFECTIVE DATE OF ELECTION.—The

14 election is effective as of the first day of the first

15 calendar month following the month in which the

16 election is received by the Secretary concerned.

17 ‘‘(E) DESIGNATION IF RCSBP ELECTION.—

18 In the case of a person providing a reserve-com19 ponent annuity, such an election shall include a

20 designation under subsection (e).

21 ‘‘(6) ELECTION OUT OF PLAN BY PERSON WITH

22 SPOUSE COVERAGE WHO REMARRIES.—

23 ‘‘(A) GENERAL RULE.—A person—
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1 ‘‘(i) who is a participant in the Plan

2 and is providing coverage under the Plan

3 for a spouse (or a spouse and child);

4 ‘‘(ii) who does not have an eligible

5 spouse beneficiary under the Plan; and

6 ‘‘(iii) who remarries,

7 may elect not to provide coverage under the Plan

8 for the person’s spouse.

9 ‘‘(B) EFFECT OF ELECTION ON RETIRED

10 PAY.—If such an election is made, reductions in

11 the retired pay of that person under section 1452

12 of this title shall not be made.

13 ‘‘(C) TERMS AND CONDITIONS OF ELEC14 TION.—An election under this paragraph—

15 ‘‘(i) is irrevocable;

16 ‘‘(ii) shall be made within one year

17 after the person’s remarriage; and

18 ‘‘(iii) shall be made in such form and

19 manner as may be prescribed in regulations

20 under section 1455 of this title.

21 ‘‘(D) NOTICE TO SPOUSE.—If a person

22 makes an election under this paragraph—

23 ‘‘(i) not to participate in the Plan;
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1 ‘‘(ii) to provide an annuity for the per2 son’s spouse at less than the maximum level;

3 or

4 ‘‘(iii) to provide an annuity for a de5 pendent child but not for the person’s

6 spouse,

7 the person’s spouse shall be notified of that elec8 tion.

9 ‘‘(E) CONSTRUCTION WITH FORMER SPOUSE

10 ELECTION PROVISIONS.—This paragraph does

11 not affect any right or obligation to elect to pro12 vide an annuity to a former spouse under sub13 section (b).

14 ‘‘(b) INSURABLE INTEREST AND FORMER SPOUSE

15 COVERAGE.—

16 ‘‘(1) COVERAGE FOR PERSON WITH INSURABLE

17 INTEREST.—

18 ‘‘(A) GENERAL RULE.—A person who is not

19 married and does not have a dependent child

20 upon becoming eligible to participate in the Plan

21 may elect to provide an annuity under the Plan

22 to a natural person with an insurable interest in

23 that person. In the case of a person providing a

24 reserve-component annuity, such an election

25 shall include a designation under subsection (e).
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1 ‘‘(B) TERMINATION OF COVERAGE.—An

2 election under subparagraph (A) for a bene3 ficiary who is not the former spouse of the person

4 providing the annuity may be terminated. Any

5 such termination shall be made by a participant

6 by the submission to the Secretary concerned of

7 a request to discontinue participation in the

8 Plan, and such participation in the Plan shall

9 be discontinued effective on the first day of the

10 first month following the month in which the re11 quest is received by the Secretary concerned. Ef12 fective on such date, the Secretary concerned

13 shall discontinue the reduction being made in

14 such person’s retired pay on account of partici15 pation in the Plan or, in the case of a person

16 who has been required to make deposits in the

17 Treasury on account of participation in the

18 Plan, such person may discontinue making such

19 deposits effective on such date.

20 ‘‘(C) FORM FOR DISCONTINUATION.—A re21 quest under subparagraph (B) to discontinue

22 participation in the Plan shall be in such form

23 and shall contain such information as may be

24 required under regulations prescribed by the Sec25 retary of Defense.
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1 ‘‘(D) WITHDRAWAL OF REQUEST FOR DIS2 CONTINUATION.—The Secretary concerned shall

3 furnish promptly to each person who submits a

4 request under subparagraph (B) to discontinue

5 participation in the Plan a written statement of

6 the advantages and disadvantages of participat7 ing in the Plan and the possible disadvantages

8 of discontinuing participation. A person may

9 withdraw the request to discontinue participa10 tion if withdrawn within 30 days after having

11 been submitted to the Secretary concerned.

12 ‘‘(E) CONSEQUENCES OF DISCONTINU13 ATION.—Once participation is discontinued, ben14 efits may not be paid in conjunction with the

15 earlier participation in the Plan and premiums

16 paid may not be refunded. Participation in the

17 Plan may not later be resumed except through a

18 qualified election under paragraph (5) of sub19 section (a).

20 ‘‘(2) FORMER SPOUSE COVERAGE UPON BECOM21 ING A PARTICIPANT IN THE PLAN.—

22 ‘‘(A) GENERAL RULE.—A person who has a

23 former spouse upon becoming eligible to partici24 pate in the Plan may elect to provide an annu25 ity to that former spouse.
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1 ‘‘(B) EFFECT OF FORMER SPOUSE ELEC2 TION ON SPOUSE OR DEPENDENT CHILD.—In the

3 case of a person with a spouse or a dependent

4 child, such an election prevents payment of an

5 annuity to that spouse or child (other than a

6 child who is a beneficiary under an election

7 under paragraph (4)), including payment under

8 subsection (d).

9 ‘‘(C) DESIGNATION IF MORE THAN ONE

10 FORMER SPOUSE.—If there is more than one

11 former spouse, the person shall designate which

12 former spouse is to be provided the annuity.

13 ‘‘(D) DESIGNATION IF RCSBP ELECTION.—

14 In the case of a person providing a reserve-com15 ponent annuity, such an election shall include a

16 designation under subsection (e).

17 ‘‘(3) FORMER SPOUSE COVERAGE BY PERSONS

18 ALREADY PARTICIPATING IN PLAN.—

19 ‘‘(A) ELECTION OF COVERAGE.—

20 ‘‘(i) AUTHORITY FOR ELECTION.—A

21 person—

22 ‘‘(I) who is a participant in the

23 Plan and is providing coverage for a

24 spouse or a spouse and child (even
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1 though there is no beneficiary currently

2 eligible for such coverage), and

3 ‘‘(II) who has a former spouse

4 who was not that person’s former

5 spouse when that person became eligi6 ble to participate in the Plan,

7 may (subject to subparagraph (B)) elect to

8 provide an annuity to that former spouse.

9 ‘‘(ii) TERMINATION OF PREVIOUS COV10 ERAGE.—Any such election terminates any

11 previous coverage under the Plan.

12 ‘‘(iii) MANNER AND TIME OF ELEC13 TION.—Any such election must be written,

14 signed by the person making the election,

15 and received by the Secretary concerned

16 within one year after the date of the decree

17 of divorce, dissolution, or annulment.

18 ‘‘(B) LIMITATION ON ELECTION.—A person

19 may not make an election under subparagraph

20 (A) to provide an annuity to a former spouse

21 who that person married after becoming eligible

22 for retired pay unless—

23 ‘‘(i) the person was married to that

24 former spouse for at least one year, or
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1 ‘‘(ii) that former spouse is the parent

2 of issue by that marriage.

3 ‘‘(C) IRREVOCABILITY, EFFECTIVE DATE,

4 ETC.—An election under this paragraph may not

5 be revoked except in accordance with section

6 1450(f) of this title. Such an election is effective

7 as of the first day of the first calendar month fol8 lowing the month in which it is received by the

9 Secretary concerned. This paragraph does not

10 provide the authority to change a designation

11 previously made under subsection (e).

12 ‘‘(D) NOTICE TO SPOUSE.—If a person who

13 is married makes an election to provide an an14 nuity to a former spouse under this paragraph,

15 that person’s spouse shall be notified of the elec16 tion.

17 ‘‘(4) FORMER SPOUSE AND CHILD COVERAGE.—

18 A person who elects to provide an annuity for a

19 former spouse under paragraph (2) or (3) may, at the

20 time of the election, elect to provide coverage under

21 that annuity for both the former spouse and a de22 pendent child, if the child resulted from the person’s

23 marriage to that former spouse.

24 ‘‘(5) DISCLOSURE OF WHETHER ELECTION OF

25 FORMER SPOUSE COVERAGE IS REQUIRED.—A person
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1 who elects to provide an annuity to a former spouse

2 under paragraph (2) or (3) shall, at the time of mak3 ing the election, provide the Secretary concerned with

4 a written statement (in a form to be prescribed by

5 that Secretary and signed by such person and the

6 former spouse) setting forth—

7 ‘‘(A) whether the election is being made

8 pursuant to the requirements of a court order; or

9 ‘‘(B) whether the election is being made

10 pursuant to a written agreement previously en11 tered into voluntarily by such person as a part

12 of, or incident to, a proceeding of divorce, dis13 solution, or annulment and (if so) whether such

14 voluntary written agreement has been incor15 porated in, or ratified or approved by, a court

16 order.

17 ‘‘(c) PERSONS ON TEMPORARY DISABILITY RETIRED

18 LIST.—The application of the Plan to a person whose name

19 is on the temporary disability retired list terminates when

20 his name is removed from that list and he is no longer enti21 tled to disability retired pay.

22 ‘‘(d) COVERAGE FOR SURVIVORS OF RETIREMENT-ELI23 GIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—

24 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec25 retary concerned shall pay an annuity under this
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1 subchapter to the surviving spouse of a member who

2 dies on active duty after—

3 ‘‘(A) becoming eligible to receive retired

4 pay;

5 ‘‘(B) qualifying for retired pay except that

6 he has not applied for or been granted that pay;

7 or

8 ‘‘(C) completing 20 years of active service

9 but before he is eligible to retire as a commis10 sioned officer because he has not completed 10

11 years of active commissioned service.

12 ‘‘(2) DEPENDENT CHILD ANNUITY.—The Sec13 retary concerned shall pay an annuity under this

14 subchapter to the dependent child of a member de15 scribed in paragraph (1) if there is no surviving

16 spouse or if the member’s surviving spouse subse17 quently dies.

18 ‘‘(3) MANDATORY FORMER SPOUSE ANNUITY.—If

19 a member described in paragraph (1) is required

20 under a court order or spousal agreement to provide

21 an annuity to a former spouse upon becoming eligible

22 to be a participant in the Plan or has made an elec23 tion under subsection (b) to provide an annuity to a

24 former spouse, the Secretary—
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1 ‘‘(A) may not pay an annuity under para2 graph (1) or (2); but

3 ‘‘(B) shall pay an annuity to that former

4 spouse as if the member had been a participant

5 in the Plan and had made an election under

6 subsection (b) to provide an annuity to the

7 former spouse, or in accordance with that elec8 tion, as the case may be, if the Secretary receives

9 a written request from the former spouse con10 cerned that the election be deemed to have been

11 made in the same manner as provided in section

12 1450(f)(3) of this title.

13 ‘‘(4) PRIORITY.—An annuity that may be pro14 vided under this subsection shall be provided in pref15 erence to an annuity that may be provided under any

16 other provision of this subchapter on account of serv17 ice of the same member.

18 ‘‘(5) COMPUTATION.—The amount of an annuity

19 under this subsection is computed under section

20 1451(c) of this title.

21 ‘‘(e) DESIGNATION FOR COMMENCEMENT OF RESERVE22 COMPONENT ANNUITY.—In any case in which a person

23 electing to participate in the Plan is required to make a

24 designation under this subsection, the person making such

25 election shall designate whether, in the event he dies before
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1 becoming 60 years of age, the annuity provided shall become

2 effective on—

3 ‘‘(1) the day after the date of his death; or

4 ‘‘(2) the 60th anniversary of his birth.

5 ‘‘(f) COVERAGE OF SURVIVORS OF PERSONS DYING

6 WHEN ELIGIBLE TO ELECT RESERVE-COMPONENT ANNU7 ITY.—

8 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec9 retary concerned shall pay an annuity under this

10 subchapter to the surviving spouse of a person who is

11 eligible to provide a reserve-component annuity and

12 who dies—

13 ‘‘(A) before being notified under section

14 12731(d) of this title that he has completed the

15 years of service required for eligibility for re16 serve-component retired pay; or

17 ‘‘(B) during the 90-day period beginning on

18 the date he receives notification under section

19 12731(d) of this title that he has completed the

20 years of service required for eligibility for re21 serve-component retired pay if he had not made

22 an election under subsection (a)(2)(B) to partici23 pate in the Plan.

24 ‘‘(2) DEPENDENT CHILD ANNUITY.—The Sec25 retary concerned shall pay an annuity under this
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1 subchapter to the dependent child of a person de2 scribed in paragraph (1) if there is no surviving

3 spouse or if the person’s surviving spouse subsequently

4 dies.

5 ‘‘(3) MANDATORY FORMER SPOUSE ANNUITY.—If

6 a person described in paragraph (1) is required under

7 a court order or spousal agreement to provide an an8 nuity to a former spouse upon becoming eligible to be

9 a participant in the Plan or has made an election

10 under subsection (b) to provide an annuity to a

11 former spouse, the Secretary—

12 ‘‘(A) may not pay an annuity under para13 graph (1) or (2); but

14 ‘‘(B) shall pay an annuity to that former

15 spouse as if the person had been a participant

16 in the Plan and had made an election under

17 subsection (b) to provide an annuity to the

18 former spouse, or in accordance with that elec19 tion, as the case may be, if the Secretary receives

20 a written request from the former spouse con21 cerned that the election be deemed to have been

22 made in the same manner as provided in section

23 1450(f)(3) of this title.
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1 ‘‘(4) COMPUTATION.—The amount of an annuity

2 under this subsection is computed under section

3 1451(c) of this title.

4 ‘‘(g) ELECTION TO INCREASE COVERAGE UPON RE5 MARRIAGE.—

6 ‘‘(1) ELECTION.—A person—

7 ‘‘(A) who is a participant in the Plan and

8 is providing coverage under subsection (a) for a

9 spouse or a spouse and child, but at less than the

10 maximum level; and

11 ‘‘(B) who remarries,

12 may elect, within one year of such remarriage, to in13 crease the level of coverage provided under the Plan

14 to a level not in excess of the current retired pay of

15 that person.

16 ‘‘(2) PAYMENT REQUIRED.—Such an election

17 shall be contingent on the person paying to the Unit18 ed States the amount determined under paragraph

19 (3) plus interest on such amount at a rate determined

20 under regulations prescribed by the Secretary of De21 fense.

22 ‘‘(3) AMOUNT TO BE PAID.—The amount referred

23 to in paragraph (2) is the amount equal to the dif24 ference between—
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1 ‘‘(A) the amount that would have been with2 held from such person’s retired pay under section

3 1452 of this title if the higher level of coverage

4 had been in effect from the time the person be5 came a participant in the Plan; and

6 ‘‘(B) the amount of such person’s retired

7 pay actually withheld.

8 ‘‘(4) MANNER OF MAKING ELECTION.—An elec9 tion under paragraph (1) shall be made in such man10 ner as the Secretary shall prescribe and shall become

11 effective upon receipt of the payment required by

12 paragraph (2).

13 ‘‘(5) DISPOSITION OF PAYMENTS.—A payment

14 received under this subsection by the Secretary of De15 fense shall be deposited into the Department of De16 fense Military Retirement Fund. Any other payment

17 received under this subsection shall be deposited in the

18 Treasury as miscellaneous receipts.

19 ‘‘§ 1449. Mental incompetency of member

20 ‘‘(a) ELECTION BY SECRETARY CONCERNED ON BE21 HALF OF MENTALLY INCOMPETENT MEMBER.—If a person

22 to whom section 1448 of this title applies is determined to

23 be mentally incompetent by medical officers of the armed

24 force concerned or of the Department of Veterans Affairs,

25 or by a court of competent jurisdiction, an election de-
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1 scribed in subsection (a)(2) or (b) of section 1448 of this

2 title may be made on behalf of that person by the Secretary

3 concerned.

4 ‘‘(b) REVOCATION OF ELECTION BY MEMBER.—

5 ‘‘(1) AUTHORITY UPON SUBSEQUENT DETER6 MINATION OF MENTAL COMPETENCE.—If a person for

7 whom the Secretary has made an election under sub8 section (a) is later determined to be mentally com9 petent by an authority named in that subsection, that

10 person may, within 180 days after that determina11 tion, revoke that election.

12 ‘‘(2) DEDUCTIONS FROM RETIRED PAY NOT TO

13 BE REFUNDED.—Any deduction made from retired

14 pay by reason of such an election may not be re15 funded.

16 ‘‘§ 1450. Payment of annuity: beneficiaries

17 ‘‘(a) IN GENERAL.—Effective as of the first day after

18 the death of a person to whom section 1448 of this title

19 applies (or on such other day as that person may provide

20 under subsection (j)), a monthly annuity under section

21 1451 of this title shall be paid to the person’s beneficiaries

22 under the Plan, as follows:

23 ‘‘(1) SURVIVING SPOUSE OR FORMER SPOUSE.—

24 The eligible surviving spouse or the eligible former

25 spouse.
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1 ‘‘(2) SURVIVING CHILDREN.—The surviving de2 pendent children in equal shares, if the eligible sur3 viving spouse or the eligible former spouse is dead,

4 dies, or otherwise becomes ineligible under this sec5 tion.

6 ‘‘(3) DEPENDENT CHILDREN.—The dependent

7 children in equal shares if the person to whom section

8 1448 of this title applies (with the concurrence of the

9 person’s spouse, if required under section 1448(a)(3)

10 of this title) elected to provide an annuity for depend11 ent children but not for the spouse or former spouse.

12 ‘‘(4) NATURAL PERSON DESIGNATED UNDER ‘IN13 SURABLE INTEREST’ COVERAGE.—The natural person

14 designated under section 1448(b)(1) of this title, un15 less the election to provide an annuity to the natural

16 person has been changed as provided in subsection (f).

17 ‘‘(b) TERMINATION OF ANNUITY FOR DEATH, REMAR18 RIAGE BEFORE AGE 55, ETC.—

19 ‘‘(1) GENERAL RULE.—An annuity payable to

20 the beneficiary terminates effective as of the first day

21 of the month in which eligibility is lost.

22 ‘‘(2) TERMINATION OF SPOUSE ANNUITY UPON

23 DEATH OR REMARRIAGE BEFORE AGE 55.—An annu24 ity for a surviving spouse or former spouse shall be

25 paid to the surviving spouse or former spouse while
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1 the surviving spouse or former spouse is living or, if

2 the surviving spouse or former spouse remarries before

3 reaching age 55, until the surviving spouse or former

4 spouse remarries.

5 ‘‘(3) EFFECT OF TERMINATION OF SUBSEQUENT

6 MARRIAGE BEFORE AGE 55.—If the surviving spouse

7 or former spouse remarries before reaching age 55 and

8 that marriage is terminated by death, annulment, or

9 divorce, payment of the annuity shall be resumed ef10 fective as of the first day of the month in which the

11 marriage is so terminated. However, if the surviving

12 spouse or former spouse is also entitled to an annuity

13 under the Plan based upon the marriage so termi14 nated, the surviving spouse or former spouse may not

15 receive both annuities but must elect which to receive.

16 ‘‘(c) OFFSET FOR AMOUNT OF DEPENDENCY AND IN17 DEMNITY COMPENSATION.—

18 ‘‘(1) REQUIRED OFFSET.—If, upon the death of

19 a person to whom section 1448 of this title applies,

20 the surviving spouse or former spouse of that person

21 is also entitled to dependency and indemnity com22 pensation under section 1311(a) of title 38, the sur23 viving spouse or former spouse may be paid an annu24 ity under this section, but only in the amount that
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1 the annuity otherwise payable under this section

2 would exceed that compensation.

3 ‘‘(2) EFFECTIVE DATE OF OFFSET.—A reduction

4 in an annuity under this section required by para5 graph (1) shall be effective on the date of the com6 mencement of the period of payment of such depend7 ency and indemnity compensation under title 38.

8 ‘‘(d) LIMITATION ON PAYMENT OF ANNUITIES WHEN

9 COVERAGE UNDER CIVIL SERVICE RETIREMENT ELECT10 ED.—If, upon the death of a person to whom section 1448

11 of this title applies, that person had in effect a waiver of

12 that person’s retired pay for the purposes of subchapter III

13 of chapter 83 of title 5, an annuity under this section shall

14 not be payable unless, in accordance with section 8339(j)

15 of title 5, that person notified the Office of Personnel Man16 agement that he did not desire any spouse surviving him

17 to receive an annuity under section 8341(b) of that title.

18 ‘‘(e) REFUND OF AMOUNTS DEDUCTED FROM RE19 TIRED PAY WHEN DIC OFFSET IS APPLICABLE.—

20 ‘‘(1) FULL REFUND WHEN DIC GREATER THAN

21 SBP ANNUITY.—If an annuity under this section is

22 not payable because of subsection (c), any amount de23 ducted from the retired pay of the deceased under sec24 tion 1452 of this title shall be refunded to the surviv25 ing spouse or former spouse.
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1 ‘‘(2) PARTIAL REFUND WHEN SBP ANNUITY RE2 DUCED BY DIC.—If, because of subsection (c), the an3 nuity payable is less than the amount established

4 under section 1451 of this title, the annuity payable

5 shall be recalculated under that section. The amount

6 of the reduction in the retired pay required to provide

7 that recalculated annuity shall be computed under

8 section 1452 of this title, and the difference between

9 the amount deducted before the computation of that

10 recalculated annuity and the amount that would have

11 been deducted on the basis of that recalculated annu12 ity shall be refunded to the surviving spouse or former

13 spouse.

14 ‘‘(f) CHANGE IN ELECTION OF INSURABLE INTEREST

15 OR FORMER SPOUSE BENEFICIARY.—

16 ‘‘(1) AUTHORIZED CHANGES.—

17 ‘‘(A) ELECTION IN FAVOR OF SPOUSE OR

18 CHILD.—A person who elects to provide an an19 nuity to a person designated by him under sec20 tion 1448(b) of this title may, subject to para21 graph (2), change that election and provide an

22 annuity to his spouse or dependent child.

23 ‘‘(B) NOTICE.—The Secretary concerned

24 shall notify the former spouse or other natural

25 person previously designated under section
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1 1448(b) of this title of any change of election

2 under subparagraph (A).

3 ‘‘(C) PROCEDURES, EFFECTIVE DATE,

4 ETC.—Any such change of election is subject to

5 the same rules with respect to execution, revoca6 tion, and effectiveness as are set forth in section

7 1448(a)(5) of this title (without regard to the eli8 gibility of the person making the change of elec9 tion to make such an election under that sec10 tion).

11 ‘‘(2) LIMITATION ON CHANGE IN BENEFICIARY

12 WHEN FORMER SPOUSE COVERAGE IN EFFECT.—A

13 person who, incident to a proceeding of divorce, dis14 solution, or annulment, is required by a court order

15 to elect under section 1448(b) of this title to provide

16 an annuity to a former spouse (or to both a former

17 spouse and child), or who enters into a written agree18 ment (whether voluntary or required by a court

19 order) to make such an election, and who makes an

20 election pursuant to such order or agreement, may

21 not change that election under paragraph (1) unless,

22 of the following requirements, whichever are applica23 ble in a particular case are satisfied:

24 ‘‘(A) In a case in which the election is re25 quired by a court order, or in which an agree-
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1 ment to make the election has been incorporated

2 in or ratified or approved by a court order, the

3 person—

4 ‘‘(i) furnishes to the Secretary con5 cerned a certified copy of a court order

6 which is regular on its face and which

7 modifies the provisions of all previous court

8 orders relating to such election, or the agree9 ment to make such election, so as to permit

10 the person to change the election; and

11 ‘‘(ii) certifies to the Secretary con12 cerned that the court order is valid and in

13 effect.

14 ‘‘(B) In a case of a written agreement that

15 has not been incorporated in or ratified or ap16 proved by a court order, the person—

17 ‘‘(i) furnishes to the Secretary con18 cerned a statement, in such form as the Sec19 retary concerned may prescribe, signed by

20 the former spouse and evidencing the former

21 spouse’s agreement to a change in the elec22 tion under paragraph (1); and

23 ‘‘(ii) certifies to the Secretary con24 cerned that the statement is current and in

25 effect.
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1 ‘‘(3) REQUIRED FORMER SPOUSE ELECTION TO

2 BE DEEMED TO HAVE BEEN MADE.—

3 ‘‘(A) DEEMED ELECTION UPON REQUEST BY

4 FORMER SPOUSE.—If a person described in

5 paragraph (2) or (3) of section 1448(b) of this

6 title is required (as described in subparagraph

7 (B)) to elect under section 1448(b) of this title to

8 provide an annuity to a former spouse and such

9 person then fails or refuses to make such an elec10 tion, such person shall be deemed to have made

11 such an election if the Secretary concerned re12 ceives the following:

13 ‘‘(i) REQUEST FROM FORMER

14 SPOUSE.—A written request, in such man15 ner as the Secretary shall prescribe, from

16 the former spouse concerned requesting that

17 such an election be deemed to have been

18 made.

19 ‘‘(ii) COPY OF COURT ORDER OR

20 OTHER OFFICIAL STATEMENT.—Either—

21 ‘‘(I) a copy of the court order, reg22 ular on its face, which requires such

23 election or incorporates, ratifies, or ap24 proves the written agreement of such

25 person; or
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1 ‘‘(II) a statement from the clerk of

2 the court (or other appropriate official)

3 that such agreement has been filed with

4 the court in accordance with applicable

5 State law.

6 ‘‘(B) PERSONS REQUIRED TO MAKE ELEC7 TION.—A person shall be considered for purposes

8 of subparagraph (A) to be required to elect under

9 section 1448(b) of this title to provide an annu10 ity to a former spouse if—

11 ‘‘(i) the person enters, incident to a

12 proceeding of divorce, dissolution, or annul13 ment, into a written agreement to make

14 such an election and the agreement (I) has

15 been incorporated in or ratified or approved

16 by a court order, or (II) has been filed with

17 the court of appropriate jurisdiction in ac18 cordance with applicable State law; or

19 ‘‘(ii) the person is required by a court

20 order to make such an election.

21 ‘‘(C) TIME LIMIT FOR REQUEST BY FORMER

22 SPOUSE.—An election may not be deemed to

23 have been made under subparagraph (A) in the

24 case of any person unless the Secretary con25 cerned receives a request from the former spouse
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1 of the person within one year of the date of the

2 court order or filing involved.

3 ‘‘(D) EFFECTIVE DATE OF DEEMED ELEC4 TION.—An election deemed to have been made

5 under subparagraph (A) shall become effective on

6 the first day of the first month which begins after

7 the date of the court order or filing involved.

8 ‘‘(4) FORMER SPOUSE COVERAGE MAY BE RE9 QUIRED BY COURT ORDER.—A court order may re10 quire a person to elect (or to enter into an agreement

11 to elect) under section 1448(b) of this title to provide

12 an annuity to a former spouse (or to both a former

13 spouse and child).

14 ‘‘(g) LIMITATION ON CHANGING OR REVOKING ELEC15 TIONS.—

16 ‘‘(1) IN GENERAL.—An election under this sec17 tion may not be changed or revoked.

18 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

19 apply to—

20 ‘‘(A) a revocation of an election under sec21 tion 1449(b) of this title; or

22 ‘‘(B) a change in an election under sub23 section (f).

24 ‘‘(h) TREATMENT OF ANNUITIES UNDER OTHER

25 LAWS.—Except as provided in section 1451 of this title, an
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1 annuity under this section is in addition to any other pay2 ment to which a person is entitled under any other provi3 sion of law. Such annuity shall be considered as income

4 under laws administered by the Secretary of Veterans Af5 fairs.

6 ‘‘(i) ANNUITIES EXEMPT FROM CERTAIN LEGAL

7 PROCESS.—Except as provided in subsection (l)(3)(B), an

8 annuity under this section is not assignable or subject to

9 execution, levy, attachment, garnishment, or other legal

10 process.

11 ‘‘(j) EFFECTIVE DATE OF RESERVE-COMPONENT AN12 NUITIES.—

13 ‘‘(1) PERSONS MAKING SECTION 1448(e) DESIGNA14 TION.—An annuity elected by a person providing a

15 reserve-component annuity shall be effective in ac16 cordance with the designation made by such person

17 under section 1448(e) of this title.

18 ‘‘(2) PERSONS DYING BEFORE MAKING SECTION

19 1448(e) DESIGNATION.—An annuity payable under

20 section 1448(f) of this title shall be effective on the

21 day after the date of the death of the person upon

22 whose service the right to the annuity is based.

23 ‘‘(k) ADJUSTMENT OF SPOUSE OR FORMER SPOUSE

24 ANNUITY UPON LOSS OF DEPENDENCY AND INDEMNITY

25 COMPENSATION.—
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1 ‘‘(1) READJUSTMENT IF BENEFICIARY 55 YEARS

2 OF AGE OR MORE.—If a surviving spouse or former

3 spouse whose annuity has been adjusted under sub4 section (c) subsequently loses entitlement to depend5 ency and indemnity compensation under section

6 1311(a) of title 38 because of the remarriage of the

7 surviving spouse, or former spouse, and if at the time

8 of such remarriage the surviving spouse or former

9 spouse is 55 years of age or more, the amount of the

10 annuity of the surviving spouse or former spouse shall

11 be readjusted, effective on the effective date of such loss

12 of dependency and indemnity compensation, to the

13 amount of the annuity which would be in effect with

14 respect to the surviving spouse or former spouse if the

15 adjustment under subsection (c) had never been made.

16 ‘‘(2) REPAYMENT OF AMOUNTS PREVIOUSLY RE17 FUNDED.—

18 ‘‘(A) GENERAL RULE.—A surviving spouse

19 or former spouse whose annuity is readjusted

20 under paragraph (1) shall repay any amount re21 funded under subsection (e) by reason of the ad22 justment under subsection (c).

23 ‘‘(B) INTEREST REQUIRED IF REPAYMENT

24 NOT A LUMP SUM.—If the repayment is not

25 made in a lump sum, the surviving spouse or
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1 former spouse shall pay interest on the amount

2 to be repaid. Such interest shall commence on the

3 date on which the first such payment is due and

4 shall be applied over the period during which

5 any part of the repayment remains to be paid.

6 ‘‘(C) MANNER OF REPAYMENT; RATE OF IN7 TEREST.—The manner in which such repayment

8 shall be made, and the rate of any such interest,

9 shall be prescribed in regulations under section

10 1455 of this title.

11 ‘‘(D) DEPOSIT OF AMOUNTS REPAID.—An

12 amount repaid under this paragraph (including

13 any such interest) received by the Secretary of

14 Defense shall be deposited into the Department of

15 Defense Military Retirement Fund. Any other

16 amount repaid under this paragraph shall be de17 posited into the Treasury as miscellaneous re18 ceipts.

19 ‘‘(l) PARTICIPANTS IN THE PLAN WHO ARE MISS20 ING.—

21 ‘‘(1) AUTHORITY TO PRESUME DEATH OF MISS22 ING PARTICIPANT.—

23 ‘‘(A) IN GENERAL.—Upon application of

24 the beneficiary of a participant in the Plan who

25 is missing, the Secretary concerned may deter-
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1 mine for purposes of this subchapter that the

2 participant is presumed dead.

3 ‘‘(B) PARTICIPANT WHO IS MISSING.—A

4 participant in the Plan is considered to be miss5 ing for purposes of this subsection if—

6 ‘‘(i) the retired pay of the participant

7 has been suspended on the basis that the

8 participant is missing; or

9 ‘‘(ii) in the case of a participant in the

10 Plan who would be eligible for reserve-com11 ponent retired pay but for the fact that he

12 is under 60 years of age, his retired pay, if

13 he were entitled to retired pay, would be

14 suspended on the basis that he is missing.

15 ‘‘(C) REQUIREMENTS APPLICABLE TO PRE16 SUMPTION OF DEATH.—Any such determination

17 shall be made in accordance with regulations

18 prescribed under section 1455 of this title. The

19 Secretary concerned may not make a determina20 tion for purposes of this subchapter that a par21 ticipant who is missing is presumed dead unless

22 the Secretary finds that—

23 ‘‘(i) the participant has been missing

24 for at least 30 days; and
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1 ‘‘(ii) the circumstances under which

2 the participant is missing would lead a rea3 sonably prudent person to conclude that the

4 participant is dead.

5 ‘‘(2) COMMENCEMENT OF ANNUITY.—Upon a de6 termination under paragraph (1) with respect to a

7 participant in the Plan, an annuity otherwise pay8 able under this subchapter shall be paid as if the par9 ticipant died on the date as of which the retired pay

10 of the participant was suspended.

11 ‘‘(3) EFFECT OF PERSON NOT BEING DEAD.—

12 ‘‘(A) TERMINATION OF ANNUITY.—If, after a

13 determination under paragraph (1), the Sec14 retary concerned determines that the participant

15 is alive—

16 ‘‘(i) any annuity being paid under this

17 subchapter by reason of this subsection shall

18 be terminated; and

19 ‘‘(ii) the total amount of any annuity

20 payments made by reason of this subsection

21 shall constitute a debt to the United States.

22 ‘‘(B) COLLECTION FROM PARTICIPANT OF

23 ANNUITY AMOUNTS ERRONEOUSLY PAID.—A debt

24 under subparagraph (A)(ii) may be collected or

25 offset—
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1 ‘‘(i) from any retired pay otherwise

2 payable to the participant;

3 ‘‘(ii) if the participant is entitled to

4 compensation under chapter 11 of title 38,

5 from that compensation; or

6 ‘‘(iii) if the participant is entitled to

7 any other payment from the United States,

8 from that payment.

9 ‘‘(C) COLLECTION FROM BENEFICIARY.—If

10 the participant dies before the full recovery of the

11 amount of annuity payments described in sub12 paragraph (A)(ii) has been made by the United

13 States, the remaining amount of such annuity

14 payments may be collected from the participant’s

15 beneficiary under the Plan if that beneficiary

16 was the recipient of the annuity payments made

17 by reason of this subsection.

18 ‘‘§ 1451. Amount of annuity

19 ‘‘(a) COMPUTATION OF ANNUITY FOR A SPOUSE,

20 FORMER SPOUSE, OR CHILD.—

21 ‘‘(1) STANDARD ANNUITY.—In the case of a

22 standard annuity provided to a beneficiary under sec23 tion 1450(a) of this title (other than under section

24 1450(a)(4)), the monthly annuity payable to the bene25 ficiary shall be determined as follows:
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1 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

2 AGE.—If the beneficiary is under 62 years of age

3 or is a dependent child when becoming entitled

4 to the annuity, the monthly annuity shall be the

5 amount equal to 55 percent of the base amount.

6 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

7 OLDER.—

8 ‘‘(i) GENERAL RULE.—If the bene9 ficiary (other than a dependent child) is 62

10 years of age or older when becoming entitled

11 to the annuity, the monthly annuity shall

12 be the amount equal to 35 percent of the

13 base amount.

14 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

15 FOR SOCIAL SECURITY OFFSET COMPUTA16 TION.—If the beneficiary is eligible to have

17 the annuity computed under subsection (e)

18 and if, at the time the beneficiary becomes

19 entitled to the annuity, computation of the

20 annuity under that subsection is more fa21 vorable to the beneficiary than computation

22 under clause (i), the annuity shall be com23 puted under that subsection rather than

24 under clause (i).
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1 ‘‘(2) RESERVE-COMPONENT ANNUITY—In the

2 case of a reserve-component annuity provided to a

3 beneficiary under section 1450(a) of this title (other

4 than under section 1450(a)(4)), the monthly annuity

5 payable to the beneficiary shall be determined as fol6 lows:

7 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

8 AGE.—If the beneficiary is under 62 years of age

9 or is a dependent child when becoming entitled

10 to the annuity, the monthly annuity shall be the

11 amount equal to a percentage of the base amount

12 that—

13 ‘‘(i) is less than 55 percent; and

14 ‘‘(ii) is determined under subsection

15 (f).

16 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

17 OLDER.—

18 ‘‘(i) GENERAL RULE.—If the bene19 ficiary (other than a dependent child) is 62

20 years of age or older when becoming entitled

21 to the annuity, the monthly annuity shall

22 be the amount equal to a percentage of the

23 base amount that—

24 ‘‘(I) is less than 35 percent; and
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1 ‘‘(II) is determined under sub2 section (f).

3 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

4 FOR SOCIAL SECURITY OFFSET COMPUTA5 TION.—If the beneficiary is eligible to have

6 the annuity computed under subsection (e)

7 and if, at the time the beneficiary becomes

8 entitled to the annuity, computation of the

9 annuity under that subsection is more fa10 vorable to the beneficiary than computation

11 under clause (i), the annuity shall be com12 puted under that subsection rather than

13 under clause (i).

14 ‘‘(b) INSURABLE INTEREST BENEFICIARY.—

15 ‘‘(1) STANDARD ANNUITY.—In the case of a

16 standard annuity provided to a beneficiary under sec17 tion 1450(a)(4) of this title, the monthly annuity

18 payable to the beneficiary shall be the amount equal

19 to 55 percent of the retired pay of the person who

20 elected to provide the annuity after the reduction in

21 that pay in accordance with section 1452(c) of this

22 title.

23 ‘‘(2) RESERVE-COMPONENT ANNUITY.—In the

24 case of a reserve-component annuity provided to a

25 beneficiary under section 1450(a)(4) of this title, the
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1 monthly annuity payable to the beneficiary shall be

2 the amount equal to a percentage of the retired pay

3 of the person who elected to provide the annuity after

4 the reduction in such pay in accordance with section

5 1452(c) of this title that—

6 ‘‘(A) is less than 55 percent; and

7 ‘‘(B) is determined under subsection (f).

8 ‘‘(3) COMPUTATION OF RESERVE-COMPONENT AN9 NUITY WHEN PARTICIPANT DIES BEFORE AGE 60.—

10 For the purposes of paragraph (2), a person—

11 ‘‘(A) who provides an annuity that is deter12 mined in accordance with that paragraph;

13 ‘‘(B) who dies before becoming 60 years of

14 age; and

15 ‘‘(C) who at the time of death is otherwise

16 entitled to retired pay,

17 shall be considered to have been entitled to retired pay

18 at the time of death. The retired pay of such person

19 for the purposes of such paragraph shall be computed

20 on the basis of the rates of basic pay in effect on the

21 date on which the annuity provided by such person

22 is to become effective in accordance with the designa23 tion of such person under section 1448(e) of this title.
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1 ‘‘(c) ANNUITIES FOR SURVIVORS OF CERTAIN PER2 SONS DYING DURING A PERIOD OF SPECIAL ELIGIBILITY

3 FOR SBP.—

4 ‘‘(1) IN GENERAL.—In the case of an annuity

5 provided under section 1448(d) or 1448(f) of this title,

6 the amount of the annuity shall be determined as fol7 lows:

8 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

9 AGE.—If the person receiving the annuity is

10 under 62 years of age or is a dependent child

11 when the member or former member dies, the

12 monthly annuity shall be the amount equal to 55

13 percent of the retired pay to which the member

14 or former member would have been entitled if the

15 member or former member had been entitled to

16 that pay based upon his years of active service

17 when he died.

18 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

19 OLDER.—

20 ‘‘(i) GENERAL RULE.—If the person re21 ceiving the annuity (other than a dependent

22 child) is 62 years of age or older when the

23 member or former member dies, the monthly

24 annuity shall be the amount equal to 35

25 percent of the retired pay to which the
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1 member or former member would have been

2 entitled if the member or former member

3 had been entitled to that pay based upon

4 his years of active service when he died.

5 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

6 FOR SOCIAL SECURITY OFFSET COMPUTA7 TION.—If the beneficiary is eligible to have

8 the annuity computed under subsection (e)

9 and if, at the time the beneficiary becomes

10 entitled to the annuity, computation of the

11 annuity under that subsection is more fa12 vorable to the beneficiary than computation

13 under clause (i), the annuity shall be com14 puted under that subsection rather than

15 under clause (i).

16 ‘‘(2) DIC OFFSET.—An annuity computed under

17 paragraph (1) that is paid to a surviving spouse shall

18 be reduced by the amount of dependency and indem19 nity compensation to which the surviving spouse is

20 entitled under section 1311(a) of title 38. Any such

21 reduction shall be effective on the date of the com22 mencement of the period of payment of such com23 pensation under title 38.

24 ‘‘(3) OFFICER WITH ENLISTED SERVICE WHO IS

25 NOT YET ELIGIBLE TO RETIRE AS AN OFFICER.—In
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1 the case of an annuity provided by reason of the serv2 ice of a member described in section 1448(d)(1)(B) or

3 1448(d)(1)(C) of this title who first became a member

4 of a uniformed service before September 8, 1980, the

5 retired pay to which the member would have been en6 titled when he died shall be determined for purposes

7 of paragraph (1) based upon the rate of basic pay in

8 effect at the time of death for the grade in which the

9 member was serving at the time of death, unless (as

10 determined by the Secretary concerned) the member

11 would have been entitled to be retired in a higher

12 grade.

13 ‘‘(4) RATE OF PAY TO BE USED IN COMPUTING

14 ANNUITY.—In the case of an annuity paid under sec15 tion 1448(f) of this title by reason of the service of a

16 person who first became a member of a uniformed

17 service before September 8, 1980, the retired pay of

18 the person providing the annuity shall for the pur19 poses of paragraph (1) be computed on the basis of the

20 rates of basic pay in effect on the effective date of the

21 annuity.

22 ‘‘(d) REDUCTION OF ANNUITIES AT AGE 62.—

23 ‘‘(1) REDUCTION REQUIRED.—The annuity of a

24 person whose annuity is computed under subpara25 graph (A) of subsection (a)(1), (a)(2), or (c)(1) shall
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1 be reduced on the first day of the month after the

2 month in which the person becomes 62 years of age.

3 ‘‘(2) AMOUNT OF ANNUITY AS REDUCED.—

4 ‘‘(A) 35 PERCENT ANNUITY.—Except as pro5 vided in subparagraph (B), the reduced amount

6 of the annuity shall be the amount of the annu7 ity that the person would be receiving on that

8 date if the annuity had initially been computed

9 under subparagraph (B) of that subsection.

10 ‘‘(B) SAVINGS PROVISION FOR BENE11 FICIARIES ELIGIBLE FOR SOCIAL SECURITY OFF12 SET COMPUTATION.—In the case of a person eli13 gible to have an annuity computed under sub14 section (e) and for whom, at the time the person

15 becomes 62 years of age, the annuity computed

16 with a reduction under subsection (e)(3) is more

17 favorable than the annuity with a reduction de18 scribed in subparagraph (A), the reduction in

19 the annuity shall be computed in the same man20 ner as a reduction under subsection (e)(3).

21 ‘‘(e) SAVINGS PROVISION FOR CERTAIN BENE22 FICIARIES.—

23 ‘‘(1) PERSONS COVERED.—The following bene24 ficiaries under the Plan are eligible to have an annu25 ity under the Plan computed under this subsection:
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1 ‘‘(A) A beneficiary receiving an annuity

2 under the Plan on October 1, 1985, as the sur3 viving spouse or former spouse of the person pro4 viding the annuity.

5 ‘‘(B) A spouse or former spouse beneficiary

6 of a person who on October 1, 1985—

7 ‘‘(i) was a participant in the Plan;

8 ‘‘(ii) was entitled to retired pay or was

9 qualified for that pay except that he had

10 not applied for and been granted that pay;

11 or

12 ‘‘(iii) would have been eligible for re13 serve-component retired pay but for the fact

14 that he was under 60 years of age.

15 ‘‘(2) AMOUNT OF ANNUITY.—Subject to para16 graph (3), an annuity computed under this subsection

17 is determined as follows:

18 ‘‘(A) STANDARD ANNUITY.—In the case of

19 the beneficiary of a standard annuity, the annu20 ity shall be the amount equal to 55 percent of the

21 base amount.

22 ‘‘(B) RESERVE COMPONENT ANNUITY.—In

23 the case of the beneficiary of a reserve-component

24 annuity, the annuity shall be the percentage of

25 the base amount that—
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1 ‘‘(i) is less than 55 percent; and

2 ‘‘(ii) is determined under subsection

3 (f).

4 ‘‘(C) BENEFICIARIES OF PERSONS DYING

5 DURING A PERIOD OF SPECIAL ELIGIBILITY FOR

6 SBP.—In the case of the beneficiary of an annu7 ity under section 1448(d) or 1448(f) of this title,

8 the annuity shall be the amount equal to 55 per9 cent of the retired pay of the person providing

10 the annuity (as that pay is determined under

11 subsection (c)).

12 ‘‘(3) SOCIAL SECURITY OFFSET.—An annuity

13 computed under this subsection shall be reduced by

14 the lesser of the following:

15 ‘‘(A) SOCIAL SECURITY COMPUTATION.—The

16 amount of the survivor benefit, if any, to which

17 the surviving spouse (or the former spouse, in the

18 case of a former spouse beneficiary who became

19 a former spouse under a divorce that became

20 final after November 29, 1989) would be entitled

21 under title II of the Social Security Act (42

22 U.S.C. 401 et seq.) based solely upon service by

23 the person concerned as described in section

24 210(l)(1) of such Act (42 U.S.C. 410(l)(1)) and
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1 calculated assuming that the person concerned

2 lives to age 65.

3 ‘‘(B) MAXIMUM AMOUNT OF REDUCTION.—

4 40 percent of the amount of the monthly annuity

5 as determined under paragraph (2).

6 ‘‘(4) SPECIAL RULES FOR SOCIAL SECURITY OFF7 SET COMPUTATION.—

8 ‘‘(A) TREATMENT OF DEDUCTIONS MADE ON

9 ACCOUNT OF WORK.—For the purpose of para10 graph (3), a surviving spouse (or a former

11 spouse, in the case of a person who becomes a

12 former spouse under a divorce that becomes final

13 after November 29, 1989) shall not be considered

14 as entitled to a benefit under title II of the So15 cial Security Act (42 U.S.C. 401 et seq.) to the

16 extent that such benefit has been offset by deduc17 tions under section 203 of such Act (42 U.S.C.

18 403) on account of work.

19 ‘‘(B) TREATMENT OF CERTAIN PERIODS FOR

20 WHICH SOCIAL SECURITY REFUNDS ARE MADE.—

21 In the computation of any reduction made under

22 paragraph (3), there shall be excluded any pe23 riod of service described in section 210(l)(1) of

24 the Social Security Act (42 U.S.C. 410(l)(1))—
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1 ‘‘(i) which was performed after Decem2 ber 1, 1980; and

3 ‘‘(ii) which involved periods of service

4 of less than 30 continuous days for which

5 the person concerned is entitled to receive a

6 refund under section 6413(c) of the Internal

7 Revenue Code of 1986 of the social security

8 tax which the person had paid.

9 ‘‘(f) DETERMINATION OF PERCENTAGES APPLICABLE

10 TO COMPUTATION OF RESERVE-COMPONENT ANNUITIES.—

11 The percentage to be applied in determining the amount

12 of an annuity computed under subsection (a)(2), (b)(2), or

13 (e)(2)(B) shall be determined under regulations prescribed

14 by the Secretary of Defense. Such regulations shall be pre15 scribed taking into consideration the following:

16 ‘‘(1) The age of the person electing to provide the

17 annuity at the time of such election.

18 ‘‘(2) The difference in age between such person

19 and the beneficiary of the annuity.

20 ‘‘(3) Whether such person provided for the annu21 ity to become effective (in the event he died before be22 coming 60 years of age) on the day after his death

23 or on the 60th anniversary of his birth.

24 ‘‘(4) Appropriate group annuity tables.
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1 ‘‘(5) Such other factors as the Secretary consid2 ers relevant.

3 ‘‘(g) ADJUSTMENTS TO ANNUITIES.—

4 ‘‘(1) PERIODIC ADJUSTMENTS FOR COST-OF-LIV5 ING.—

6 ‘‘(A) INCREASES IN ANNUITIES WHEN RE7 TIRED PAY INCREASED.—Whenever retired pay is

8 increased under section 1401a of this title (or

9 any other provision of law), each annuity that

10 is payable under the Plan shall be increased at

11 the same time.

12 ‘‘(B) PERCENTAGE OF INCREASE.—The in13 crease shall, in the case of any annuity, be by

14 the same percent as the percent by which the re15 tired pay of the person providing the annuity

16 would have been increased at such time if the

17 person were alive (and otherwise entitled to such

18 pay).

19 ‘‘(C) CERTAIN REDUCTIONS TO BE DIS20 REGARDED.—The amount of the increase shall be

21 based on the monthly annuity payable before

22 any reduction under section 1450(c) of this title

23 or under subsection (c)(2).

24 ‘‘(2) ROUNDING DOWN.—The monthly amount of

25 an annuity payable under this subchapter, if not a
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1 multiple of $1, shall be rounded to the next lower

2 multiple of $1.

3 ‘‘(h) ADJUSTMENTS TO BASE AMOUNT.—

4 ‘‘(1) PERIODIC ADJUSTMENTS FOR COST-OF-LIV5 ING.—

6 ‘‘(A) INCREASES IN BASE AMOUNT WHEN

7 RETIRED PAY INCREASED.—Whenever retired

8 pay is increased under section 1401a of this title

9 (or any other provision of law), the base amount

10 applicable to each participant in the Plan shall

11 be increased at the same time.

12 ‘‘(B) PERCENTAGE OF INCREASE.—The in13 crease shall be by the same percent as the percent

14 by which the retired pay of the participant is so

15 increased.

16 ‘‘(2) RECOMPUTATION AT AGE 62.—When the re17 tired pay of a person who first became a member of

18 a uniformed service on or after August 1, 1986, and

19 who is a participant in the Plan is recomputed under

20 section 1410 of this title upon the person’s becoming

21 62 years of age, the base amount applicable to that

22 person shall be recomputed (effective on the effective

23 date of the recomputation of such retired pay under

24 section 1410 of this title) so as to be the amount equal

25 to the amount of the base amount that would be in
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1 effect on that date if increases in such base amount

2 under paragraph (1) had been computed as provided

3 in paragraph (2) of section 1401a(b) of this title

4 (rather than under paragraph (3) of that section).

5 ‘‘(3) DISREGARDING OF RETIRED PAY REDUC6 TIONS FOR RETIREMENT BEFORE 30 YEARS OF SERV7 ICE.—Computation of a member’s retired pay for

8 purposes of this section shall be made without regard

9 to any reduction under section 1409(b)(2) of this title.

10 ‘‘(i) RECOMPUTATION OF ANNUITY FOR CERTAIN

11 BENEFICIARIES.—In the case of an annuity under the Plan

12 which is computed on the basis of the retired pay of a per13 son who would have been entitled to have that retired pay

14 recomputed under section 1410 of this title upon attaining

15 62 years of age, but who dies before attaining that age, the

16 annuity shall be recomputed, effective on the first day of

17 the first month beginning after the date on which the mem18 ber or former member would have attained 62 years of age,

19 so as to be the amount equal to the amount of the annuity

20 that would be in effect on that date if increases under sub21 section (h)(1) in the base amount applicable to that annuity

22 to the time of the death of the member or former member,

23 and increases in such annuity under subsection (g)(1), had

24 been computed as provided in paragraph (2) of section
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1 1401a(b) of this title (rather than under paragraph (3) of

2 that section).

3 ‘‘§ 1452. Reduction in retired pay

4 ‘‘(a) SPOUSE AND FORMER SPOUSE ANNUITIES.—

5 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

6 Except as provided in subsection (b), the retired pay

7 of a participant in the Plan who is providing spouse

8 coverage (as described in paragraph (5)) shall be re9 duced as follows:

10 ‘‘(A) STANDARD ANNUITY.—If the annuity

11 coverage being providing is a standard annuity,

12 the reduction shall be as follows:

13 ‘‘(i) DISABILITY AND NONREGULAR

14 SERVICE RETIREES.—In the case of a per15 son who is entitled to retired pay under

16 chapter 61 or chapter 1223 of this title, the

17 reduction shall be in whichever of the alter18 native reduction amounts is more favorable

19 to that person.

20 ‘‘(ii) MEMBERS AS OF ENACTMENT OF

21 FLAT-RATE REDUCTION.—In the case of a

22 person who first became a member of a uni23 formed service before March 1, 1990, the re24 duction shall be in whichever of the alter-
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1 native reduction amounts is more favorable

2 to that person.

3 ‘‘(iii) NEW ENTRANTS AFTER ENACT4 MENT OF FLAT-RATE REDUCTION.—In the

5 case of a person who first becomes a member

6 of a uniformed service on or after March 1,

7 1990, and who is entitled to retired pay

8 under a provision of law other than chapter

9 61 or chapter 1223 of this title, the reduction shall be in an amount equal to 61 10 ⁄2

11 percent of the base amount.

12 ‘‘(iv) ALTERNATIVE REDUCTION

13 AMOUNTS.—For purposes of clauses (i) and

14 (ii), the alternative reduction amounts are

15 the following:

16 ‘‘(I) FLAT-RATE REDUCTION.—An

amount equal to 61 17 ⁄2 percent of the

18 base amount.

19 ‘‘(II) AMOUNT UNDER PRE-FLAT20 RATE REDUCTION.—An amount equal

to 21 21 ⁄2 percent of the first $421 (as ad22 justed under paragraph (4)) of the base

23 amount plus 10 percent of the remain24 der of the base amount.
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1 ‘‘(B) RESERVE-COMPONENT ANNUITY.—If

2 the annuity coverage being provided is a reserve3 component annuity, the reduction shall be in

4 whichever of the following amounts is more fa5 vorable to that person:

6 ‘‘(i) FLAT-RATE REDUCTION.—An

amount equal to 61 7 ⁄2 percent of the base

8 amount plus an amount determined in ac9 cordance with regulations prescribed by the

10 Secretary of Defense as a premium for the

11 additional coverage provided through re12 serve-component annuity coverage under the

13 Plan.

14 ‘‘(ii) AMOUNT UNDER PRE-FLAT-RATE

REDUCTION.—An amount equal to 21 15 ⁄2 per16 cent of the first $421 (as adjusted under

17 paragraph (4)) of the base amount plus 10

18 percent of the remainder of the base amount

19 plus an amount determined in accordance

20 with regulations prescribed by the Secretary

21 of Defense as a premium for the additional

22 coverage provided through reserve-compo23 nent annuity coverage under the Plan.

24 ‘‘(2) ADDITIONAL REDUCTION FOR CHILD COV25 ERAGE.—If there is a dependent child as well as a
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1 spouse or former spouse, the amount prescribed under

2 paragraph (1) shall be increased by an amount pre3 scribed under regulations of the Secretary of Defense.

4 ‘‘(3) NO REDUCTION WHEN NO BENEFICIARY.—

5 The reduction in retired pay prescribed by paragraph

6 (1) shall not be applicable during any month in

7 which there is no eligible spouse or former spouse ben8 eficiary.

9 ‘‘(4) PERIODIC ADJUSTMENTS.—

10 ‘‘(A) ADJUSTMENTS FOR INCREASES IN

11 RATES OF BASIC PAY.—Whenever there is an in12 crease in the rates of basic pay of members of the

13 uniformed services effective after January 1,

14 1996, the amounts under paragraph (1) with respect to which the percentage factor of 21 15 ⁄2 is ap16 plied shall be increased by the overall percentage

17 of such increase in the rates of basic pay. The in18 crease under the preceding sentence shall apply

19 only with respect to persons whose retired pay is

20 computed based on the rates of basic pay in ef21 fect on or after the date of such increase in rates

22 of basic pay.

23 ‘‘(B) ADJUSTMENTS FOR RETIRED PAY

24 COLAS.—In addition to the increase under sub25 paragraph (A), the amounts under paragraph
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1 (1) with respect to which the percentage factor of

21 2 ⁄2 is applied shall be further increased at the

3 same time and by the same percentage as an in4 crease in retired pay under section 1401a of this

5 title effective after January 1, 1996. Such in6 crease under the preceding sentence shall apply

7 only with respect to a person who initially par8 ticipates in the Plan on a date which is after

9 both the effective date of such increase under sec10 tion 1401a and the effective date of the rates of

11 basic pay upon which that person’s retired pay

12 is computed.

13 ‘‘(5) SPOUSE COVERAGE DESCRIBED.—For the

14 purposes of paragraph (1), a participant in the Plan

15 who is providing spouse coverage is a participant

16 who—

17 ‘‘(A) has (i) a spouse or former spouse, or

18 (ii) a spouse or former spouse and a dependent

19 child; and

20 ‘‘(B) has not elected to provide an annuity

21 to a person designated by him under section

22 1448(b)(1) of this title or, having made such an

23 election, has changed his election in favor of his

24 spouse under section 1450(f) of this title.

25 ‘‘(b) CHILD-ONLY ANNUITIES.—
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1 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

2 The retired pay of a participant in the Plan who is

3 providing child-only coverage (as described in para4 graph (4)) shall be reduced by an amount prescribed

5 under regulations by the Secretary of Defense.

6 ‘‘(2) NO REDUCTION WHEN NO CHILD.—There

7 shall be no reduction in retired pay under paragraph

8 (1) for any month during which the participant has

9 no eligible dependent child.

10 ‘‘(3) SPECIAL RULE FOR CERTAIN RCSBP PAR11 TICIPANTS.—In the case of a participant in the Plan

12 who is participating in the Plan under an election

13 under section 1448(a)(2)(B) of this title and who pro14 vided child-only coverage during a period before the

15 participant becomes entitled to receive retired pay,

16 the retired pay of the participant shall be reduced by

17 an amount prescribed under regulations by the Sec18 retary of Defense to reflect the coverage provided

19 under the Plan during the period before the partici20 pant became entitled to receive retired pay. A reduc21 tion under this paragraph is in addition to any re22 duction under paragraph (1) and is made without re23 gard to whether there is an eligible dependent child

24 during a month for which the reduction is made.
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1 ‘‘(4) CHILD-ONLY COVERAGE DEFINED.—For the

2 purposes of this subsection, a participant in the Plan

3 who is providing child-only coverage is a participant

4 who has a dependent child and who—

5 ‘‘(A) does not have an eligible spouse or

6 former spouse; or

7 ‘‘(B) has a spouse or former spouse but has

8 elected to provide an annuity for dependent chil9 dren only.

10 ‘‘(c) REDUCTION FOR INSURABLE INTEREST COV11 ERAGE.—

12 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

13 The retired pay of a person who has elected to provide

14 an annuity to a person designated by him under sec15 tion 1450(a)(4) of this title shall be reduced as fol16 lows:

17 ‘‘(A) STANDARD ANNUITY.—In the case of a

18 person providing a standard annuity, the reduc19 tion shall be by 10 percent plus 5 percent for

20 each full five years the individual designated is

21 younger than that person.

22 ‘‘(B) RESERVE COMPONENT ANNUITY.—In

23 the case of a person providing a reserve-compo24 nent annuity, the reduction shall be by an
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1 amount prescribed under regulations of the Sec2 retary of Defense.

3 ‘‘(2) LIMITATION ON TOTAL REDUCTION.—The

4 total reduction under paragraph (1) may not exceed

5 40 percent.

6 ‘‘(3) DURATION OF REDUCTION.—The reduction

7 in retired pay prescribed by this subsection shall con8 tinue during the lifetime of the person designated

9 under section 1450(a)(4) of this title or until the per10 son receiving retired pay changes his election under

11 section 1450(f) of this title.

12 ‘‘(4) RULE FOR COMPUTATION.—Computation of

13 a member’s retired pay for purposes of this subsection

14 shall be made without regard to any reduction under

15 section 1409(b)(2) of this title.

16 ‘‘(d) DEPOSITS TO COVER PERIODS WHEN RETIRED

17 PAY NOT PAID.—

18 ‘‘(1) REQUIRED DEPOSITS.—If a person who has

19 elected to participate in the Plan has been awarded

20 retired pay and is not entitled to that pay for any

21 period, that person must deposit in the Treasury the

22 amount that would otherwise have been deducted from

23 his pay for that period.

24 ‘‘(2) DEPOSITS NOT REQUIRED WHEN PARTICI25 PANT ON ACTIVE DUTY.—Paragraph (1) does not
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1 apply to a person with respect to any period when

2 that person is on active duty under a call or order

3 to active duty for a period of more than 30 days.

4 ‘‘(e) DEPOSITS NOT REQUIRED FOR CERTAIN PARTICI5 PANTS IN CSRS.—When a person who has elected to par6 ticipate in the Plan waives that person’s retired pay for

7 the purposes of subchapter III of chapter 83 of title 5, that

8 person shall not be required to make the deposit otherwise

9 required by subsection (d) as long as that waiver is in effect

10 unless, in accordance with section 8339(i) of title 5, that

11 person has notified the Office of Personnel Management that

12 he does not desire a spouse surviving him to receive an an13 nuity under section 8331(b) of title 5.

14 ‘‘(f) REFUNDS OF DEDUCTIONS NOT ALLOWED.—

15 ‘‘(1) GENERAL RULE.—A person is not entitled

16 to refund of any amount deducted from retired pay

17 under this section.

18 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

19 apply—

20 ‘‘(A) in the case of a refund authorized by

21 section 1450(e) of this title; or

22 ‘‘(B) in case of a deduction made through

23 administrative error.
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1 ‘‘(g) DISCONTINUATION OF PARTICIPATION BY PAR2 TICIPANTS WHOSE SURVIVING SPOUSES WILL BE ENTI3 TLED TO DIC.—

4 ‘‘(1) DISCONTINUATION.—

5 ‘‘(A) CONDITIONS.—Notwithstanding any

6 other provision of this subchapter but subject to

7 paragraphs (2) and (3), a person who has elected

8 to participate in the Plan and who is suffering

9 from a service-connected disability rated by the

10 Secretary of Veterans Affairs as totally disabling

11 and has suffered from such disability while so

12 rated for a continuous period of 10 or more

13 years (or, if so rated for a lesser period, has suf14 fered from such disability while so rated for a

15 continuous period of not less than 5 years from

16 the date of such person’s last discharge or release

17 from active duty) may discontinue participation

18 in the Plan by submitting to the Secretary con19 cerned a request to discontinue participation in

20 the Plan.

21 ‘‘(B) EFFECTIVE DATE.—Participation in

22 the Plan of a person who submits a request

23 under subparagraph (A) shall be discontinued ef24 fective on the first day of the first month follow25 ing the month in which the request under sub-
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1 paragraph (A) is received by the Secretary con2 cerned. Effective on such date, the Secretary con3 cerned shall discontinue the reduction being

4 made in such person’s retired pay on account of

5 participation in the Plan or, in the case of a

6 person who has been required to make deposits

7 in the Treasury on account of participation in

8 the Plan, such person may discontinue making

9 such deposits effective on such date.

10 ‘‘(C) FORM FOR REQUEST FOR DISCONTINU11 ATION.—Any request under this paragraph to

12 discontinue participation in the Plan shall be in

13 such form and shall contain such information as

14 the Secretary concerned may require by regula15 tion.

16 ‘‘(2) CONSENT OF BENEFICIARIES REQUIRED.—A

17 person described in paragraph (1) may not dis18 continue participation in the Plan under such para19 graph without the written consent of the beneficiary

20 or beneficiaries of such person under the Plan.

21 ‘‘(3) INFORMATION ON PLAN TO BE PROVIDED BY

22 SECRETARY CONCERNED.—

23 ‘‘(A) INFORMATION TO BE PROVIDED

24 PROMPTLY TO PARTICIPANT.—The Secretary con25 cerned shall furnish promptly to each person who
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1 files a request under paragraph (1) to dis2 continue participation in the Plan a written

3 statement of the advantages of participating in

4 the Plan and the possible disadvantages of dis5 continuing participation.

6 ‘‘(B) RIGHT TO WITHDRAW DISCONTINU7 ATION REQUEST.—A person may withdraw a re8 quest made under paragraph (1) if it is with9 drawn within 30 days after having been submit10 ted to the Secretary concerned.

11 ‘‘(4) REFUND OF DEDUCTIONS FROM RETIRED

12 PAY.—Upon the death of a person described in para13 graph (1) who discontinued participation in the Plan

14 in accordance with this subsection, any amount de15 ducted from the retired pay of that person under this

16 section shall be refunded to the person’s surviving

17 spouse.

18 ‘‘(5) RESUMPTION OF PARTICIPATION IN PLAN.—

19 ‘‘(A) CONDITIONS FOR RESUMPTION.—A

20 person described in paragraph (1) who discon21 tinued participation in the Plan may elect to

22 participate again in the Plan if—

23 ‘‘(i) after having discontinued partici24 pation in the Plan the Secretary of Veterans

25 Affairs reduces that person’s service-con-
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1 nected disability rating to a rating of less

2 than total; and

3 ‘‘(ii) that person applies to the Sec4 retary concerned, within such period of time

5 after the reduction in such person’s service6 connected disability rating has been made

7 as the Secretary concerned may prescribe, to

8 again participate in the Plan and includes

9 in such application such information as the

10 Secretary concerned may require.

11 ‘‘(B) EFFECTIVE DATE OF RESUMED COV12 ERAGE.—Such person’s participation in the

13 Plan under this paragraph is effective beginning

14 on the first day of the month after the month in

15 which the Secretary concerned receives the appli16 cation for resumption of participation in the

17 Plan.

18 ‘‘(C) RESUMPTION OF CONTRIBUTIONS.—

19 When a person elects to participate in the Plan

20 under this paragraph, the Secretary concerned

21 shall begin making reductions in that person’s

22 retired pay, or require such person to make de23 posits in the Treasury under subsection (d), as

24 appropriate, effective on the effective date of such

25 participation under subparagraph (B).
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1 ‘‘(h) INCREASES IN REDUCTION WITH INCREASES IN

2 RETIRED PAY.—Whenever retired pay is increased under

3 section 1401a of this title (or any other provision of law),

4 the amount of the reduction to be made under subsection

5 (a) or (b) in the retired pay of any person shall be increased

6 at the same time and by the same percentage as such retired

7 pay is so increased.

8 ‘‘(i) RECOMPUTATION OF REDUCTION UPON RECOM9 PUTATION OF RETIRED PAY.—When the retired pay of a

10 person who first became a member of a uniformed service

11 on or after August 1, 1986, and who is a participant in

12 the Plan is recomputed under section 1410 of this title upon

13 the person’s becoming 62 years of age, the amount of the

14 reduction in such retired pay under this section shall be

15 recomputed (effective on the effective date of the recomputa16 tion of such retired pay under section 1410 of this title)

17 so as to be the amount equal to the amount of such reduction

18 that would be in effect on that date if increases in such

19 retired pay under section 1401a(b) of this title, and in20 creases in reductions in such retired pay under subsection

21 (h), had been computed as provided in paragraph (2) of

22 section 1401a(b) of this title (rather than under paragraph

23 (3) of that section).
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1 ‘‘§ 1453. Recovery of amounts erroneously paid

2 ‘‘(a) RECOVERY.—In addition to any other method of

3 recovery provided by law, the Secretary concerned may au4 thorize the recovery of any amount erroneously paid to a

5 person under this subchapter by deduction from later pay6 ments to that person.

7 ‘‘(b) AUTHORITY TO WAIVE RECOVERY.—Recovery of

8 an amount erroneously paid to a person under this sub9 chapter is not required if, in the judgment of the Secretary

10 concerned and the Comptroller General—

11 ‘‘(1) there has been no fault by the person to

12 whom the amount was erroneously paid; and

13 ‘‘(2) recovery of such amount would be contrary

14 to the purposes of this subchapter or against equity

15 and good conscience.

16 ‘‘§ 1454. Correction of administrative errors

17 ‘‘(a) AUTHORITY.—The Secretary concerned may,

18 under regulations prescribed under section 1455 of this title,

19 correct or revoke any election under this subchapter when

20 the Secretary considers it necessary to correct an adminis21 trative error.

22 ‘‘(b) FINALITY.—Except when procured by fraud, a

23 correction or revocation under this section is final and con24 clusive on all officers of the United States.
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1 ‘‘§ 1455. Regulations

2 ‘‘(a) IN GENERAL.—The President shall prescribe reg3 ulations to carry out this subchapter. Those regulations

4 shall, so far as practicable, be uniform for the uniformed

5 services.

6 ‘‘(b) NOTICE OF ELECTIONS.—Regulations prescribed

7 under this section shall provide that before the date on

8 which a member becomes entitled to retired pay—

9 ‘‘(1) if the member is married, the member and

10 the member’s spouse shall be informed of the elections

11 available under section 1448(a) of this title and the

12 effects of such elections; and

13 ‘‘(2) if the notification referred to in section

14 1448(a)(3)(E) of this title is required, any former

15 spouse of the member shall be informed of the elections

16 available and the effects of such elections.

17 ‘‘(c) PROCEDURE FOR DEPOSITING CERTAIN RE18 CEIPTS.—Regulations prescribed under this section shall es19 tablish procedures for depositing the amounts referred to in

20 sections 1448(g), 1450(k)(2), and 1452(d) of this title.

21 ‘‘(d) PAYMENTS TO GUARDIANS AND FIDUCIARIES.—

22 ‘‘(1) IN GENERAL.—Regulations prescribed under

23 this section shall provide procedures for the payment

24 of an annuity under this subchapter in the case of—

25 ‘‘(A) a person for whom a guardian or other

26 fiduciary has been appointed; and
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1 ‘‘(B) a minor, mentally incompetent, or

2 otherwise legally disabled person for whom a

3 guardian or other fiduciary has not been ap4 pointed.

5 ‘‘(2) AUTHORIZED PROCEDURES.—The regula6 tions under paragraph (1) may include provisions for

7 the following:

8 ‘‘(A) In the case of an annuitant referred to

9 in paragraph (1)(A), payment of the annuity to

10 the appointed guardian or other fiduciary.

11 ‘‘(B) In the case of an annuitant referred to

12 in paragraph (1)(B), payment of the annuity to

13 any person who, in the judgment of the Sec14 retary concerned, is responsible for the care of

15 the annuitant.

16 ‘‘(C) Subject to subparagraphs (D) and (E),

17 a requirement for the payee of an annuity to

18 spend or invest the amounts paid on behalf of the

19 annuitant solely for benefit of the annuitant.

20 ‘‘(D) Authority for the Secretary concerned

21 to permit the payee to withhold from the annuity

22 payment such amount, not in excess of 4 percent

23 of the annuity, as the Secretary concerned con24 siders a reasonable fee for the fiduciary services

25 of the payee when a court appointment order
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1 provides for payment of such a fee to the payee

2 for such services or the Secretary concerned de3 termines that payment of a fee to such payee is

4 necessary in order to obtain the fiduciary serv5 ices of the payee.

6 ‘‘(E) Authority for the Secretary concerned

7 to require the payee to provide a surety bond in

8 an amount sufficient to protect the interests of

9 the annuitant and to pay for such bond out of

10 the annuity.

11 ‘‘(F) A requirement for the payee of an an12 nuity to maintain and, upon request, to provide

13 to the Secretary concerned an accounting of ex14 penditures and investments of amounts paid to

15 the payee.

16 ‘‘(G) In the case of an annuitant referred to

17 in paragraph (1)(B)—

18 ‘‘(i) procedures for determining incom19 petency and for selecting a payee to rep20 resent the annuitant for the purposes of this

21 section, including provisions for notifying

22 the annuitant of the actions being taken to

23 make such a determination and to select a

24 representative payee, an opportunity for the

25 annuitant to review the evidence being con-
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1 sidered, and an opportunity for the annu2 itant to submit additional evidence before

3 the determination is made; and

4 ‘‘(ii) standards for determining incom5 petency, including standards for determin6 ing the sufficiency of medical evidence and

7 other evidence.

8 ‘‘(H) Provisions for any other matter that

9 the President considers appropriate in connec10 tion with the payment of an annuity in the case

11 of a person referred to in paragraph (1).

12 ‘‘(3) LEGAL EFFECT OF PAYMENT TO GUARDIAN

13 OR FIDUCIARY.—An annuity paid to a person on be14 half of an annuitant in accordance with the regula15 tions prescribed pursuant to paragraph (1) discharges

16 the obligation of the United States for payment to the

17 annuitant of the amount of the annuity so paid.’’.

18 Subtitle E—Other Matters

19 SEC. 651. TECHNICAL CORRECTION CLARIFYING ABILITY

20 OF CERTAIN MEMBERS TO ELECT NOT TO OC21 CUPY GOVERNMENT QUARTERS.

22 Effective July 1, 1996, section 403(b)(3) of title 37,

23 United States Code, is amended by striking out ‘‘A mem24 ber’’ and inserting in lieu thereof ‘‘Subject to the provisions

25 of subsection (j), a member’’.
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1 SEC. 652. TECHNICAL CORRECTION CLARIFYING LIMITA2 TION ON FURNISHING CLOTHING OR ALLOW3 ANCES FOR ENLISTED NATIONAL GUARD

4 TECHNICIANS.

5 Section 418(c) of title 37, United States Code, is

6 amended by striking out ‘‘for which a uniform allowance

7 is paid under section 415 or 416 of this title’’, and inserting

8 in lieu thereof ‘‘for which clothing is furnished or a uniform

9 allowance is paid under this section’’.

10 TITLE VII—HEALTH CARE

11 PROVISIONS

12 Subtitle A—Health Care Services

13 SEC. 701. MEDICAL AND DENTAL CARE FOR RESERVE COM14 PONENT MEMBERS IN A DUTY STATUS.

15 (a) AVAILABILITY OF MEDICAL AND DENTAL CARE.—

16 (1) Section 1074a of title 10, United States Code, is amend17 ed to read as follows:

18 ‘‘§ 1074a. Medical and dental care: reserve component

19 members in a duty status

20 ‘‘(a) HEALTH CARE DESCRIBED.—A person described

21 in subsection (b) is entitled to the medical and dental care

22 appropriate for the treatment of the injury, illness, or dis23 ease of the person until the person completes treatment and

24 is physically able to resume the military duties of the per25 son or has completed processing in accordance with chapter

26 61 of this title.
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1 ‘‘(b) MEMBERS ENTITLED TO CARE.—Under joint reg2 ulations prescribed by the administering Secretaries, the

3 following persons are entitled to the benefits described in

4 this section:

5 ‘‘(1) Each member of a reserve component who

6 incurs or aggravates an injury, illness, or disease in

7 the line of duty while performing—

8 ‘‘(A) active duty, including active duty for

9 training and annual training duty, or full-time

10 National Guard duty; or

11 ‘‘(B) inactive-duty training, regardless of

12 whether the member is in a pay or nonpay sta13 tus.

14 ‘‘(2) Each member of a reserve component who

15 incurs or aggravates an injury, illness, or disease

16 while traveling directly to or from the place at which

17 that member is to perform or has performed—

18 ‘‘(A) active duty, including active duty for

19 training and annual training duty, or full-time

20 National Guard duty, or

21 ‘‘(B) inactive-duty training, regardless of

22 whether the member is in a pay or nonpay sta23 tus.

24 ‘‘(3) Each member of a reserve component who

25 incurs or aggravates an injury, illness, or disease in
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1 the line of duty while remaining overnight, between

2 successive periods of inactive-duty training, at or in

3 the vicinity of the site of the inactive-duty training,

4 if the site of inactive-duty training is outside reason5 able commuting distance from the member’s residence.

6 ‘‘(c) ADDITIONAL BENEFITS.—(1) At the request of a

7 person described in paragraph (1)(A) or (2)(A) of sub8 section (b), the person may continue on active duty or full9 time National Guard duty during any period of hos10 pitalization resulting from the injury, illness, or disease.

11 ‘‘(2) A person described in subsection (b) is entitled

12 to the pay and allowances authorized in accordance with

13 subsections (g) and (h) of section 204 of title 37.

14 ‘‘(d) LIMITATION.—A person described in subsection

15 (b) is not entitled to benefits under this section if the injury,

16 illness, or disease, or aggravation of the injury, illness, or

17 disease, is the result of the gross negligence or misconduct

18 of the person.’’.

19 (2) The item relating to such section in the table of

20 sections at the beginning of chapter 55 of title 10, United

21 States Code, is amended to read as follows:

‘‘1074a. Medical and dental care: reserve component members in a duty status.’’.

22 (b) ANNUAL MEDICAL AND DENTAL SCREENINGS AND

23 CARE FOR CERTAIN SELECTED RESERVE MEMBERS.—Sec24 tion 10206 of title 10, United States Code, is amended by

25 adding at the end the following new subsection:
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1 ‘‘(c)(1) The Secretary of the Army shall provide to

2 members of the Selected Reserve of the Army who are as3 signed to units scheduled for deployment within 75 days

4 after mobilization the following medical and dental services:

5 ‘‘(A) An annual medical screening.

6 ‘‘(B) For members who are over 40 years of age,

7 a full physical examination not less often than once

8 every two years.

9 ‘‘(C) An annual dental screening.

10 ‘‘(D) The dental care identified in an annual

11 dental screening as required to ensure that a member

12 meets the dental standards required for deployment in

13 the event of mobilization.

14 ‘‘(2) The services provided under this subsection shall

15 be provided at no cost to the member.’’.

16 Subtitle B—TRICARE Program

17 SEC. 711. DEFINITION OF TRICARE PROGRAM.

18 For purposes of this subtitle, the term ‘‘TRICARE pro19 gram’’ means the managed health care program that is es20 tablished by the Secretary of Defense under the authority

21 of chapter 55 of title 10, United States Code, principally

22 section 1097 of such title, and includes the competitive selec23 tion of contractors to financially underwrite the delivery

24 of health care services under the Civilian Health and Medi25 cal Program of the Uniformed Services.
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1 SEC. 712. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME

2 ENROLLEES.

3 Section 1079(h)(4) of title 10, United States Code, is

4 amended in the second sentence by striking ‘‘emergency’’.

5 SEC. 713. IMPROVED INFORMATION EXCHANGE BETWEEN

6 MILITARY TREATMENT FACILITIES AND

7 TRICARE PROGRAM CONTRACTORS.

8 (a) UNIFORM INTERFACES.—With respect to the auto9 mated medical information system being developed by the

10 Department of Defense and known as the Composite Health

11 Care System, the Secretary of Defense shall ensure that the

12 Composite Health Care System provides for uniform inter13 faces between information systems of military treatment fa14 cilities and private contractors under managed care pro15 grams of the TRICARE program. The uniform interface

16 shall provide for a full electronic two-way exchange of

17 health care information between the military treatment fa18 cilities and contractor information systems, including en19 rollment information, information regarding eligibility de20 terminations, provider network information, appointment

21 information, and information regarding the existence of

22 third-party payers.

23 (b) AMENDMENT OF EXISTING CONTRACTS.—To assure

24 a single consistent source of information throughout the

25 health care delivery system of the uniformed services, the

26 Secretary of Defense shall amend each TRICARE program
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1 contract, with the consent of the TRICARE program con2 tractor and notwithstanding any requirement for competi3 tion, to require the contractor—

4 (1) to use software furnished under the Compos5 ite Health Care System to record military treatment

6 facility provider appointments; and

7 (2) to record TRICARE program enrollment

8 through direct use of the Composite Health Care Sys9 tem software or through the uniform two-way inter10 face between the contractor and military treatment

11 facilities systems, where applicable.

12 (c) PHASED IMPLEMENTATION.—The Secretary of De13 fense shall test the uniform version of the Composite Health

14 Care System required under subsection (a) in one region

15 of the TRICARE program for six months before deploying

16 the information system throughout the health care delivery

17 system of the uniformed services.

18 Subtitle C—Uniformed Services

19 Treatment Facilities

20 SEC. 721. DEFINITIONS.

21 In this subtitle:

22 (1) The term ‘‘administering Secretaries’’ means

23 the Secretary of Defense, the Secretary of Transpor24 tation, and the Secretary of Health and Human Serv25 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 Subtitle D—Other Changes to Exist2 ing Laws Regarding Health

3 Care Management

4 SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION RE5 GARDING NONMEDICALLY NECESSARY

6 TREATMENT IN CONNECTION WITH CERTAIN

7 CLINICAL TRIALS.

8 (a) WAIVER AUTHORITY.—Paragraph (13) of section

9 1079(a) of title 10, United States Code, is amended—

10 (1) by striking out ‘‘any service’’ and inserting

11 in lieu thereof ‘‘Any service’’;

12 (2) by striking out the semicolon at the end and

13 inserting in lieu thereof a period; and

14 (3) by adding at the end the following: ‘‘Pursu15 ant to an agreement with the Secretary of Health and

16 Human Services and under such regulations as the

17 Secretary of Defense may prescribe, the Secretary of

18 Defense may waive the operation of this paragraph in

19 connection with clinical trials sponsored or approved

20 by the National Institutes of Health if the Secretary

21 of Defense determines that such a waiver will promote

22 access by covered beneficiaries to promising new

23 treatments and contribute to the development of such

24 treatments.’’.
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1 (b) CLERICAL AMENDMENTS.—Such section is further

2 amended—

3 (1) in the matter preceding paragraph (1), by

4 striking out ‘‘except that—’’ and inserting in lieu

5 thereof ‘‘except as follows:’’;

6 (2) by capitalizing the first letter of the first

7 word of each of paragraphs (1) through (17);

8 (3) by striking out the semicolon at the end of

9 each of paragraphs (1) through (15) and inserting in

10 lieu thereof a period; and

11 (4) in paragraph (16), by striking out ‘‘; and’’

12 and inserting in lieu thereof a period.

13 SEC. 732. AUTHORITY TO WAIVE OR REDUCE CHAMPUS DE14 DUCTIBLE AMOUNTS FOR RESERVISTS

15 CALLED TO ACTIVE DUTY IN SUPPORT OF

16 CONTINGENCY OPERATIONS.

17 Section 1079(b) of title 10, United States Code, is

18 amended—

19 (1) by redesignating paragraphs (1) through (5)

20 as subparagraphs (A) through (E), respectively;

21 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’;

22 (3) in subparagraph (B), as so redesignated, by

23 striking out ‘‘clause (3)’’ and inserting in lieu thereof

24 ‘‘subparagraph (C)’’;

25 (4) in subparagraph (D), as so redesignated—
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1 (A) by striking out ‘‘this clause’’ and insert2 ing in lieu thereof ‘‘this subparagraph’’; and

3 (B) by striking out ‘‘clauses (2) and (3)’’

4 and inserting in lieu thereof ‘‘subparagraphs (B)

5 and (C)’’; and

6 (5) by adding at the end the following new para7 graph:

8 ‘‘(2) The Secretary of Defense may waive or reduce the

9 deductible amounts required by subparagraphs (B) and (C)

10 of paragraph (1) in the case of the dependents of a member

11 of a reserve component of the uniformed services who serves

12 on active duty in support of a contingency operation under

13 a call or order to active duty of less than one year.’’.

14 SEC. 733. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS

15 TO INDIVIDUAL HEALTH-CARE PROVIDERS

16 UNDER CHAMPUS.

17 Section 1079(h) of title 10, United States Code, is

18 amended—

19 (1) by redesignating paragraph (5) as para20 graph (6); and

21 (2) by inserting after paragraph (4) the follow22 ing new paragraph:

23 ‘‘(5) Except in an area in which the Secretary of De24 fense has entered into an at-risk contract for the provision

25 of health care services, the Secretary may authorize the com-
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1 mander of a facility of the uniformed services, the lead

2 agent (if other than the commander), and the health care

3 contractor to modify the payment limitations under para4 graph (1) for certain health care providers when necessary

5 to ensure both the availability of certain services for covered

6 beneficiaries and costs lower than standard CHAMPUS for

7 the required services.’’.

8 SEC. 734. CODIFICATION OF ANNUAL AUTHORITY TO CRED9 IT CHAMPUS REFUNDS TO CURRENT YEAR

10 APPROPRIATION.

11 (a) CODIFICATION.—(1) Chapter 55 of title 10, United

12 States Code, is amended by inserting after section 1079 the

13 following new section:

14 ‘‘§ 1079a. CHAMPUS: treatment of refunds and other

15 amounts collected

16 ‘‘All refunds and other amounts collected in the admin17 istration of the Civilian Health and Medical Program of

18 the Uniformed Services shall be credited to the appropria19 tion supporting the program in the year in which the

20 amount is collected.’’.

21 (2) The table of sections at the beginning of such chap22 ter is amended by inserting after the item relating to section

23 1079 the following new item:

‘‘1079a. CHAMPUS: treatment of refunds and other amounts collected.’’.
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1 (b) CONFORMING REPEAL.—Section 8094 of the De2 partment of Defense Appropriations Act, 1996 (Public Law

3 104–61; 109 Stat. 671), is repealed.

4 SEC. 735. EXCEPTIONS TO REQUIREMENTS REGARDING OB5 TAINING NONAVAILABILITY-OF-HEALTH-CARE

6 STATEMENTS.

7 (a) REFERENCE TO INPATIENT MEDICAL CARE.—(1)

8 Section 1080(a) of title 10, United States Code, is amended

9 by inserting ‘‘inpatient’’ before ‘‘medical care’’ in the first

10 sentence.

11 (2) Section 1086(e) of such title is amended in the first

12 sentence by striking out ‘‘benefits’’ and inserting in lieu

13 thereof ‘‘inpatient medical care’’.

14 (b) WAIVERS AND EXCEPTIONS TO REQUIREMENTS.—

15 (1) Section 1080 of such title is amended by adding at the

16 end the following new subsection:

17 ‘‘(c) WAIVERS AND EXCEPTIONS TO REQUIREMENTS.—

18 (1) A covered beneficiary enrolled in a managed care plan

19 offered pursuant to any contract or agreement under this

20 chapter for the provision of health care services shall not

21 be required to obtain a nonavailability-of-health-care state22 ment as a condition for the receipt of health care.

23 ‘‘(2) The Secretary of Defense may waive the require24 ment to obtain nonavailability-of-health-care statements

25 following an evaluation of the effectiveness of such state-
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1 ments in optimizing the use of facilities of the uniformed

2 services.’’.

3 (2) Section 1086(e) of such title is amended in the last

4 sentence by striking out ‘‘section 1080(b)’’ and inserting in

5 lieu thereof ‘‘subsections (b) and (c) of section 1080’’.

6 (c) CONFORMING AMENDMENT.—Section 1080(b) of

7 such title is amended—

8 (1) by striking out ‘‘NONAVAILABILITY OF

9 HEALTH CARE STATEMENTS’’ and inserting in lieu

10 thereof ‘‘NONAVAILABILITY-OF-HEALTH-CARE STATE11 MENTS; and

12 (2) by striking out ‘‘nonavailability of health

13 care statement’’ and inserting in lieu thereof ‘‘non14 availability of health care statement’’.

15 SEC. 736. EXPANSION OF COLLECTION AUTHORITIES FROM

16 THIRD-PARTY PAYERS.

17 (a) EXPANSION OF COLLECTION AUTHORITIES.—Sec18 tion 1095 of title 10, United States Code, is amended—

19 (1) in subsection (g)(1), by inserting ‘‘or

20 through’’ after ‘‘provided at’’;

21 (2) in subsection (h)(1), by inserting before the

22 period at the end of the first sentence the following:

23 ‘‘and a workers’ compensation program or plan’’; and

24 (3) in subsection (h)(2)—
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1 (A) by striking ‘‘organization and’’ and in2 serting in lieu thereof ‘‘organization,’’; and

3 (B) by inserting before the period at the end

4 the following: ‘‘, and personal injury protection

5 or medical payments benefits in cases involving

6 personal injuries resulting from operation of a

7 motor vehicle’’.

8 (b) INCLUSION OF THIRD PARTY PAYER IN COLLEC9 TION EFFORTS.—Section 1079(j)(1) of such title is amended

10 by inserting after ‘‘or health plan’’ the following: ‘‘(includ11 ing any plan offered by a third-party payer (as defined

12 in section 1095(h)(1) of this title))’’.

13 Subtitle E—Other Matters

14 SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLI15 GATION UNDER ARMED FORCES HEALTH

16 PROFESSIONS SCHOLARSHIP AND FINANCIAL

17 ASSISTANCE PROGRAM AND UNIFORMED

18 SERVICES UNIVERSITY OF THE HEALTH

19 SCIENCES.

20 (a) ARMED FORCES HEALTH PROFESSIONS SCHOLAR21 SHIP AND FINANCIAL ASSISTANCE PROGRAM.—Subsection

22 (e) of section 2123 of title 10, United States Code, is amend23 ed to read as follows:

24 ‘‘(e)(1) A member of the program who is relieved of

25 the member’s active duty obligation under this subchapter
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1 before the completion of that active duty obligation may be

2 given, with or without the consent of the member, any of

3 the following alternative obligations, as determined by the

4 Secretary of the military department concerned:

5 ‘‘(A) A service obligation in a component of the

6 Selected Reserve for a period not less than twice as

7 long as the member’s remaining active duty service

8 obligation.

9 ‘‘(B) A service obligation as a civilian employee

10 employed as a health care professional in a facility

11 of the uniformed services for a period of time equal

12 to the member’s remaining active duty service obliga13 tion.

14 ‘‘(C) With the concurrence of the Secretary of

15 Health and Human Services, transfer of the active

16 duty service obligation to an obligation equal in time

17 in the National Health Service Corps under section

18 338C of the Public Health Service Act (42 U.S.C.

19 254m) and subject to all requirements and procedures

20 applicable to obligated members of the National

21 Health Service Corps.

22 ‘‘(D) Repayment to the Secretary of Defense of

23 a percentage of the total cost incurred by the Sec24 retary under this subchapter on behalf of the member
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1 equal to the percentage of the member’s total active

2 duty service obligation being relieved, plus interest.

3 ‘‘(2) The Secretary of Defense shall prescribe regula4 tions describing the manner in which an alternative obliga5 tion may be given under paragraph (1).’’.

6 (b) UNIFORMED SERVICES UNIVERSITY OF THE

7 HEALTH SCIENCES.—Section 2114 of title 10, United

8 States Code is amended by adding at the end the following

9 new subsection:

10 ‘‘(h) A graduate of the University who is relieved of

11 the graduate’s active-duty service obligation under sub12 section (b) before the completion of that active-duty service

13 obligation may be given, with or without the consent of the

14 graduate, an alternative obligation comparable to the alter15 native obligations authorized in subparagraphs (A) and (B)

16 of section 2123(e)(1) of this title for members of the Armed

17 Forces Health Professions Scholarship and Financial As18 sistance program.’’.

19 (c) APPLICATION OF AMENDMENTS.—The amendments

20 made by this section shall apply with respect to individuals

21 who first become members of the Armed Forces Health Pro22 fessions Scholarship and Financial Assistance program or

23 students of the Uniformed Services University of the Health

24 Sciences on or after October 1, 1996.
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1 (d) TRANSITION PROVISION.—(1) In the case of any

2 member of the Armed Forces Health Professions Scholarship

3 and Financial Assistance program who, as of October 1,

4 1996, is serving an active duty obligation under the pro5 gram or is incurring an active duty obligation as a partici6 pant in the program, and who is subsequently relieved of

7 the active duty obligation before the completion of the obli8 gation, the alternative obligations authorized by the amend9 ment made by subsection (a) may be used by the Secretary

10 of the military department concerned with the agreement

11 of the member.

12 (2) In the case of any person who, as of October 1,

13 1996, is serving an active-duty service obligation as a grad14 uate of the Uniformed Services University of the Health

15 Sciences or is incurring an active-duty service obligation

16 as a student of the University, and who is subsequently re17 lieved of the active-duty service obligation before the comple18 tion of the obligation, the alternative obligations authorized

19 by the amendment made by subsection (b) may be imple20 mented by the Secretary of Defense with the agreement of

21 the person.
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1 SEC. 742. EXCEPTION TO STRENGTH LIMITATIONS FOR

2 PUBLIC HEALTH SERVICE OFFICERS AS3 SIGNED TO DEPARTMENT OF DEFENSE.

4 Section 206 of the Public Health Service Act (42

5 U.S.C. 207) is amended by adding at the end the following

6 new subsection:

7 ‘‘(f) In computing the maximum number of commis8 sioned officers of the Public Health Service authorized by

9 law or administrative determination to serve on active

10 duty, there may be excluded from such computation officers

11 who are assigned to duty in the Department of Defense.’’.

12 SEC. 743. CONTINUED OPERATION OF UNIFORMED SERV13 ICES UNIVERSITY OF THE HEALTH SCIENCES.

14 (a) CLOSURE PROHIBITED.—In light of the important

15 role of the Uniformed Services University of the Health

16 Sciences in providing trained health care providers for the

17 uniformed services, Congress reaffirms the requirement con18 tained in section 922 of the National Defense Authorization

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

20 2829) that the Uniformed Services University of the Health

21 Sciences may not be closed.

22 (b) BUDGETARY COMMITMENT TO CONTINUATION.—It

23 is the sense of Congress that the Secretary of Defense should

24 budget for the operation of the Uniformed Services Univer25 sity of the Health Sciences during fiscal year 1998 at a
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1 level at least equal to the level of operations conducted at

2 the University during fiscal year 1995.

3 SEC. 744. SENSE OF CONGRESS REGARDING TAX TREAT4 MENT OF ARMED FORCES HEALTH PROFES5 SIONS SCHOLARSHIP AND FINANCIAL ASSIST6 ANCE PROGRAM.

7 It is the sense of Congress that the Secretary of Defense

8 should work with the Secretary of the Treasury to interpret

9 section 117 of the Internal Revenue Code of 1986 so that

10 the limitation on the amount of a qualified scholarship or

11 qualified tuition reduction excluded from gross income does

12 not apply to any portion of a scholarship or financial as13 sistance provided by the Secretary of Defense to a person

14 enrolled in the Armed Forces Health Professions Scholar15 ship and Financial Assistance program under subchapter

16 I of chapter 105 of title 10, United States Code.

17 SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT

18 FACILITY PROGRAM.

19 Not later than April 1, 1997, the Secretary of Defense

20 shall submit to Congress a report evaluating the impact on

21 the military health care system of limiting the service area

22 of a facility designated as part of the specialized treatment

23 facility program under section 1105 of title 10, United

24 States Code, to not more than 100 miles from the facility.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Acquisition

6 Management

7 SEC. 801. AUTHORITY TO WAIVE CERTAIN REQUIREMENTS

8 FOR DEFENSE ACQUISITION PILOT PRO9 GRAMS.

10 (a) AUTHORITY.—The Secretary of Defense may waive

11 sections 2399, 2403, 2432, and 2433 of title 10, United

12 States Code, in accordance with this section for any defense

13 acquisition program designated by the Secretary of Defense

14 for participation in the defense acquisition pilot program

15 authorized by section 809 of the National Defense Author16 ization Act for Fiscal Year 1991 (Public Law 101–510; 10

17 U.S.C. 2340 note).

18 (b) OPERATIONAL TEST AND EVALUATION.—The Sec19 retary of Defense may waive the requirements for oper20 ational test and evaluation for such a defense acquisition

21 program as set forth in section 2399 of title 10, United

22 States Code, if the Secretary—

23 (1) determines (without delegation) that such test

24 would be unreasonably expensive or impractical;
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1 (2) develops a suitable alternate operational test

2 program for the system concerned;

3 (3) describes in the test and evaluation master

4 plan, as approved by the Director of Operational Test

5 and Evaluation, the method of evaluation that will be

6 used to evaluate whether the system will be effective

7 and suitable for combat; and

8 (4) submits to the congressional defense commit9 tees a report containing the determination that was

10 made under paragraph (1), a justification for that de11 termination, and a copy of the plan required by

12 paragraph (3).

13 (c) CONTRACTOR GUARANTEES FOR MAJOR WEAPONS

14 SYSTEMS.—The Secretary of Defense may waive the re15 quirements of section 2403 of title 10, United States Code,

16 for such a defense acquisition program if an alternative

17 guarantee is used that ensures high quality weapons sys18 tems.

19 (d) SELECTED ACQUISITION REPORTS.—The Sec20 retary of Defense may waive the requirements of sections

21 2432 and 2433 of title 10, United States Code, for such a

22 defense acquisition program if the Secretary provides a sin23 gle annual report to Congress at the end of each fiscal year

24 that describes the status of the program in relation to the
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1 baseline description for the program established under sec2 tion 2435 of such title.

3 SEC. 802. EXCLUSION FROM CERTAIN POST-EDUCATION

4 DUTY ASSIGNMENTS FOR MEMBERS OF AC5 QUISITION CORPS.

6 Section 663(d) of title 10, United States Code, is

7 amended by adding at the end the following new paragraph:

8 ‘‘(3) The Secretary of Defense may exclude from the

9 requirements of paragraph (1) or (2) an officer who is a

10 member of an Acquisition Corps established pursuant to

11 1731 of this title if the officer—

12 ‘‘(A) has graduated from a senior level course of

13 instruction designed for personnel serving in critical

14 acquisition positions; and

15 ‘‘(B) is assigned, upon graduation, to a critical

16 acquisition position designated pursuant to section

17 1733 of this title.’’.

18 SEC. 803. EXTENSION OF AUTHORITY TO CARRY OUT CER19 TAIN PROTOTYPE PROJECTS.

20 (a) AUTHORITY.—Section 845(a) of the National De21 fense Authorization Act for Fiscal Year 1994 (Public Law

22 103–160; 107 Stat. 1721) is amended by inserting after

23 ‘‘Agency’’ the following: ‘‘, the Secretary of a military de24 partment, or any other official designated by the Secretary

25 of Defense’’.
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1 (b) PERIOD OF AUTHORITY.—Section 845(c) of such

2 Act is amended by striking out ‘‘3 years after the date of

3 the enactment of this Act’’ and inserting in lieu thereof ‘‘on

4 September 30, 1999’’.

5 (c) CONFORMING AND TECHNICAL AMENDMENTS.—

6 Section 845 of such Act is further amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1), by striking out

9 ‘‘(c)(2) and (c)(3) of such section 2371, as redes10 ignated by section 827(b)(1)(B),’’ and inserting

11 in lieu thereof ‘‘(e)(2) and (e)(3) of such section

12 2371’’; and

13 (B) in paragraph (2), by inserting after

14 ‘‘Director’’ the following: ‘‘, Secretary, or other

15 official’’; and

16 (2) in subsection (c), by striking out ‘‘of the Di17 rector’’.

18 SEC. 804. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR

19 SYSTEMS.

20 Section 2302(5) of title 10, United States Code, is

21 amended—

22 (1) by striking out ‘‘$75,000,000 (based on fiscal

23 year 1980 constant dollars)’’ and inserting in lieu

24 thereof ‘‘$115,000,000 (based on fiscal year 1990 dol25 lars)’’;
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1 (2) by striking out ‘‘$300,000,000 (based on fis2 cal year 1980 constant dollars)’’ and inserting in lieu

3 thereof ‘‘$540,000,000 (based on fiscal year 1990 con4 stant dollars)’’; and

5 (3) by adding at the end the following: ‘‘The Sec6 retary of Defense may adjust the amounts and the

7 base fiscal year provided in clause (A) on the basis

8 of Department of Defense escalation rates. An adjust9 ment under this paragraph shall be effective after the

10 Secretary transmits to the Committee on Armed Serv11 ices of the Senate and the Committee on National Se12 curity of the House of Representatives a written noti13 fication of the adjustment.’’.

14 SEC. 805. REVISIONS IN INFORMATION REQUIRED TO BE IN15 CLUDED IN SELECTED ACQUISITION RE16 PORTS.

17 Section 2432 of title 10, United States Code, is amend18 ed—

19 (1) in subsection (c)—

20 (A) by striking out ‘‘and’’ at the end of sub21 paragraph (B);

22 (B) by redesignating subparagraph (C) as

23 subparagraph (D); and

24 (C) by inserting after subparagraph (B) the

25 following new subparagraph (C):
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1 ‘‘(C) the current procurement unit cost for each

2 major defense acquisition program included in the re3 port and the history of that cost from the date the

4 program was first included in a Selected Acquisition

5 Report to the end of the quarter for which the current

6 report is submitted; and’’; and

7 (2) in subsection (e), by striking out paragraph

8 (8) and redesignating paragraph (9) as paragraph

9 (8).

10 SEC. 806. INCREASE IN SIMPLIFIED ACQUISITION THRESH11 OLD FOR HUMANITARIAN OR PEACEKEEPING

12 OPERATIONS.

13 Section 2302(7) of title 10, United States Code, is

14 amended—

15 (1) by inserting ‘‘(A)’’ after ‘‘(7)’’;

16 (2) by inserting after ‘‘contingency operation’’

17 the following: ‘‘or a humanitarian or peacekeeping

18 operation’’; and

19 (3) by adding at the end the following:

20 ‘‘(B) In subparagraph (A), the term ‘humani21 tarian or peacekeeping operation’ means a military

22 operation in support of the provision of humani23 tarian or foreign disaster assistance or in support of

24 a peacekeeping operation under chapter VI or VII of

25 the Charter of the United Nations. The term does not
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1 include routine training, force rotation, or station2 ing.’’.

3 SEC. 807. EXPANSION OF AUDIT RECIPROCITY AMONG FED4 ERAL AGENCIES TO INCLUDE POST-AWARD

5 AUDITS.

6 (a) ARMED SERVICES ACQUISITIONS.—Subsection (d)

7 of section 2313 of title 10, United States Code, is amended

8 to read as follows:

9 ‘‘(d) LIMITATION ON AUDITS RELATING TO INDIRECT

10 COSTS.—The head of an agency may not perform an audit

11 of indirect costs under a contract, subcontract, or modifica12 tion before or after entering into the contract, subcontract,

13 or modification in any case in which the contracting officer

14 determines that the objectives of the audit can reasonably

15 be met by accepting the results of an audit that was con16 ducted by any other department or agency of the Federal

17 Government within one year preceding the date of the con18 tracting officer’s determination.’’.

19 (b) CIVILIAN AGENCY ACQUISITIONS.—Subsection (d)

20 of section 304C of the Federal Property and Administrative

21 Services Act of 1949 (41 U.S.C. 254d) is amended to read

22 as follows:

23 ‘‘(d) LIMITATION ON AUDITS RELATING TO INDIRECT

24 COSTS.—An executive agency may not perform an audit

25 of indirect costs under a contract, subcontract, or modifica-
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1 tion before or after entering into the contract, subcontract,

2 or modification in any case in which the contracting officer

3 determines that the objectives of the audit can reasonably

4 be met by accepting the results of an audit that was con5 ducted by any other department or agency of the Federal

6 Government within one year preceding the date of the con7 tracting officer’s determination.’’.

8 (c) GUIDELINES FOR ACCEPTANCE OF AUDITS BY

9 STATE AND LOCAL GOVERNMENTS RECEIVING FEDERAL

10 ASSISTANCE.—The Director of the Office and Management

11 and Budget shall issue guidelines to ensure that an audit

12 of indirect costs performed by the Federal Government is

13 accepted by State and local governments that receive Fed14 eral funds under contracts, grants, or other Federal assist15 ance programs.

16 SEC. 808. EXTENSION OF PILOT MENTOR-PROTEGE PRO17 GRAM.

18 Paragraphs (1) and (2) of section 831(j) of the Na19 tional Defense Authorization Act for Fiscal Year 1991 (10

20 U.S.C. 2302 note) are each amended by striking out ‘‘1996’’

21 and inserting in lieu thereof ‘‘1997’’.
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1 Subtitle B—Other Matters

2 SEC. 821. AMENDMENT TO DEFINITION OF NATIONAL SECU3 RITY SYSTEM UNDER INFORMATION TECH4 NOLOGY MANAGEMENT REFORM ACT OF 1995.

5 Section 5142(a) of the Information Technology Man6 agement Reform Act of 1996 (division E of Public Law

7 104–106; 110 Stat. 689; 40 U.S.C. 1452) is amended—

8 (1) by striking out ‘‘or’’ at the end of paragraph

9 (4);

10 (2) by striking out the period at the end of para11 graph (5) and inserting in lieu thereof ‘‘; or’’; and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(6) involves the storage, processing, or forward15 ing of classified information and is protected at all

16 times by procedures established for the handling of

17 classified information.’’.

18 SEC. 822. PROHIBITION ON RELEASE OF CONTRACTOR PRO19 POSALS UNDER FREEDOM OF INFORMATION

20 ACT.

21 (a) ARMED SERVICES ACQUISITIONS.—Section 2305 of

22 title 10, United States Code, is amended by adding at the

23 end the following new subsection:

24 ‘‘(g) PROHIBITION ON RELEASE OF CONTRACTOR PRO25 POSALS.—(1) A proposal in the possession or control of the
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1 Department of Defense may not be made available to any

2 person under section 552 of title 5.

3 ‘‘(2) In this subsection, the term ‘proposal’ means any

4 proposal, including a technical, management, or cost pro5 posal, submitted by a contractor in response to the require6 ments of a solicitation for a competitive proposal.’’.

7 (b) CIVILIAN AGENCY ACQUISITIONS.—Section 303B of

8 the Federal Property and Administrative Services Act of

9 1949 (41 U.S.C. 253b) is amended by adding at the end

10 the following new subsection:

11 ‘‘(m) PROHIBITION ON RELEASE OF CONTRACTOR

12 PROPOSALS.—(1) A proposal in the possession or control

13 of an executive agency may not be made available to any

14 person under section 552 of title 5.

15 ‘‘(2) In this subsection, the term ‘proposal’ means any

16 proposal, including a technical, management, or cost pro17 posal, submitted by a contractor in response to the require18 ments of a solicitation for a competitive proposal.’’.

19 SEC. 823. REPEAL OF ANNUAL REPORT BY ADVOCATE FOR

20 COMPETITION.

21 Section 20(b) of the Office of Federal Procurement Pol22 icy Act (41 U.S.C. 418(b)) is amended—

23 (1) by striking out ‘‘and’’ at the end of para24 graph (3)(B);

25 (2) by striking out paragraph (4); and
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1 (3) by redesignating paragraphs (5), (6), and (7)

2 as paragraphs (4), (5), and (6), respectively.

3 SEC. 824. REPEAL OF BIANNUAL REPORT ON PROCURE4 MENT REGULATORY ACTIVITY.

5 Subsection (g) of section 25 of the Office of Federal

6 Procurement Policy Act (41 U.S.C. 421) is repealed.

7 SEC. 825. REPEAL OF MULTIYEAR LIMITATION ON CON8 TRACTS FOR INSPECTION, MAINTENANCE,

9 AND REPAIR.

10 Paragraph (14) of section 210(a) of the Federal Prop11 erty and Administrative Services Act of 1949 (40 U.S.C.

12 490(a)) is amended by striking out ‘‘for periods not exceed13 ing three years’’.

14 SEC. 826. STREAMLINED NOTICE REQUIREMENTS TO CON15 TRACTORS AND EMPLOYEES REGARDING

16 TERMINATION OR SUBSTANTIAL REDUCTION

17 IN CONTRACTS UNDER MAJOR DEFENSE PRO18 GRAMS.

19 (a) ELIMINATION OF UNNECESSARY REQUIRE20 MENTS.—Section 4471 of the Defense Conversion, Reinvest21 ment, and Transition Assistance Act of 1992 (division D

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

23 (1) by striking out subsection (a);

24 (2) by striking out subsection (f), except para25 graph (4);
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1 (3) by redesignating subsections (b), (c), (d), (e),

2 and (g) as subsections (a), (b), (c), (d), and (f), re3 spectively; and

4 (4) by redesignating such paragraph (4) as sub5 section (e).

6 (b) NOTICE TO CONTRACTORS.—Subsection (a) of such

7 section, as redesignated by subsection (a)(3), is amended by

8 striking out paragraphs (1) and (2) and inserting in lieu

9 thereof the following:

10 ‘‘(1) shall identify each contract (if any) under

11 major defense programs of the Department of Defense

12 that will be terminated or substantially reduced as a

13 result of the funding levels provided in that Act; and

14 ‘‘(2) shall ensure that notice of the termination

15 of, or substantial reduction in, the funding of the con16 tract is provided—

17 ‘‘(A) directly to the prime contractor under

18 the contract; and

19 ‘‘(B) directly to the Secretary of Labor.’’.

20 (c) NOTICE TO SUBCONTRACTORS.—Subsection (b) of

21 such section, as redesignated by subsection (a)(3), is amend22 ed—

23 (1) by striking out ‘‘As soon as’’ and all that fol24 lows through ‘‘that program,’’ in the matter preceding

25 paragraph (1) and inserting in lieu thereof ‘‘Not later
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1 than 60 days after the date on which the prime con2 tractor for a contract under a major defense program

3 receives notice under subsection (a),’’;

4 (2) in paragraph (1)—

5 (A) by striking out ‘‘for that program under

6 a contract’’ and inserting in lieu thereof ‘‘for

7 that prime contract for subcontracts’’; and

8 (B) by striking out ‘‘for the program’’; and

9 (3) in paragraph (2)(A), by striking out ‘‘for the

10 program under a contract’’ and inserting in lieu

11 thereof ‘‘for subcontracts’’.

12 (d) NOTICE TO EMPLOYEES AND STATE DISLOCATED

13 WORKER UNIT.—Subsection (c) of such section, as redesig14 nated by subsection (a)(3), is amended by striking out

15 ‘‘under subsection (a)(1)’’ and all that follows through ‘‘a

16 defense program,’’ in the matter preceding paragraph (1)

17 and inserting in lieu thereof ‘‘under subsection (a),’’.

18 (e) CROSS REFERENCES AND CONFORMING AMEND19 MENTS.—(1) Subsection (d) of such section, as redesignated

20 by subsection (a)(3), is amended—

21 (A) by striking out ‘‘a major defense program

22 provided under subsection (d)(1)’’ and inserting in

23 lieu thereof ‘‘a defense contract provided under sub24 section (c)(1)’’; and
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1 (B) by striking out ‘‘the program’’ and inserting

2 in lieu thereof ‘‘the contract’’.

3 (2) Subsection (e) of such section, as redesignated by

4 subsection (a)(4), is amended—

5 (A) by striking out ‘‘ELIGIBILITY’’ and inserting

6 in lieu thereof ‘‘ELIGIBILITY’’; and

7 (B) by striking out ‘‘under paragraph (3)’’ and

8 inserting in lieu thereof ‘‘or cancellation of the termi9 nation of, or substantial reduction in, contract fund10 ing’’.

11 (3) Subsection (f) of such section, as redesignated by

12 subsection (a)(3), is amended in paragraph (2)—

13 (A) by inserting ‘‘a defense contract under’’ be14 fore ‘‘a major defense program’’; and

15 (B) by striking out ‘‘contracts under the pro16 gram’’ and inserting in lieu thereof ‘‘the funds obli17 gated by the contract’’.

18 SEC. 827. REPEAL OF NOTICE REQUIREMENTS FOR SUB19 STANTIALLY OR SERIOUSLY AFFECTED PAR20 TIES IN DOWNSIZING EFFORTS.

21 Sections 4101 and 4201 of the National Defense Au22 thorization Act for Fiscal Year 1991 (Public Law 101–510;

23 104 Stat. 1850, 1851; 10 U.S.C. 2391 note) are repealed.
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1 SEC. 828. TESTING OF DEFENSE ACQUISITION PROGRAMS.

2 (a) IN GENERAL.—Section 2366 of title 10, United

3 States Code, is amended—

4 (1) by striking out ‘‘survivability’’ each place it

5 appears (including in the section heading) and insert6 ing in lieu thereof ‘‘vulnerability’’; and

7 (2) in subsection (b)—

8 (A) by striking out ‘‘Survivability’’ and in9 serting in lieu thereof ‘‘Vulnerability’’; and

10 (B) by inserting after paragraph (2) the fol11 lowing new paragraph:

12 ‘‘(3) Testing should begin at the component, subsystem,

13 and subassembly level, culminating with tests of the com14 plete system configured for combat.’’.

15 (b) CLERICAL AMENDMENT.—The item relating to

16 such section in the table of sections at the beginning of chap17 ter 139 of such title is amended to read as follows:

‘‘2366. Major systems and munitions programs: vulnerability testing and lethality

testing required before full-scale production.’’.

18 SEC. 829. DEPENDENCY OF NATIONAL TECHNOLOGY AND

19 INDUSTRIAL BASE ON SUPPLIES AVAILABLE

20 ONLY FROM FOREIGN COUNTRIES.

21 (a) NATIONAL SECURITY OBJECTIVES FOR NATIONAL

22 TECHNOLOGY AND INDUSTRIAL BASE.—Section 2501(a) of

23 title 10, United States Code, is amended by adding at the

24 end the following:
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1 ‘‘(5) Providing for the development, manufac2 ture, and supply of items and technologies critical to

3 the production and sustainment of advanced military

4 weapon systems with minimal reliance on items for

5 which the source of supply, manufacture, or tech6 nology is outside of the United States and Canada

7 and for which there is no immediately available

8 source in the United States or Canada.’’.

9 (b) ASSESSMENT OF EXTENT OF UNITED STATES DE10 PENDENCY ON FOREIGN SOURCE ITEMS.—Subsection (c) of

11 section 2505 of such title is amended to read as follows:

12 ‘‘(c) ASSESSMENT OF EXTENT OF DEPENDENCY ON

13 FOREIGN SOURCE ITEMS.—Each assessment under sub14 section (a) shall include a separate discussion and presen15 tation regarding the extent to which the national technology

16 and industrial base is dependent on items for which the

17 source of supply, manufacture, or technology is outside of

18 the United States and Canada and for which there is no

19 immediately available source in the United States or Can20 ada. The discussion and presentation shall include the fol21 lowing:

22 ‘‘(1) An assessment of the overall degree of de23 pendence by the national technology and industrial

24 base on such foreign items, including a comparison
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1 with the degree of dependence identified in the preced2 ing assessment.

3 ‘‘(2) Identification of major systems (as defined

4 in section 2302 of this title) under development or

5 production containing such foreign items, including

6 an identification of all such foreign items for each

7 system.

8 ‘‘(3) An analysis of the production or develop9 ment risks resulting from the possible disruption of

10 access to such foreign items, including consideration

11 of both peacetime and wartime scenarios.

12 ‘‘(4) An analysis of the importance of retaining

13 domestic production sources for the items specified in

14 section 2534 of this title.

15 ‘‘(5) A discussion of programs and initiatives in

16 place to reduce dependence by the national technology

17 and industrial base on such foreign items.

18 ‘‘(6) A discussion of proposed policy or legisla19 tive initiatives recommended to reduce the dependence

20 of the national technology and industrial base on such

21 foreign items.’’.

22 (c) TIME FOR COMPLETION OF NEXT DEFENSE CAPA23 BILITY ASSESSMENT.—Notwithstanding the schedule pre24 scribed by the Secretary of Defense under subsection (d) of

25 section 2505 of title 10, United States Code, the National
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1 Defense Technology and Industrial Base Council shall com2 plete the next defense capability assessment required under

3 such section not later than March 1, 1997.

4 SEC. 830. SENSE OF CONGRESS REGARDING TREATMENT OF

5 DEPARTMENT OF DEFENSE CABLE TELE6 VISION FRANCHISE AGREEMENTS.

7 It is the sense of Congress that the United States Court

8 of Federal Claims should transmit to Congress the report

9 required by section 823 of Public Law 104–106 (110 Stat.

10 399) on or before the date specified in that section.

11 SEC. 831. EXTENSION OF DOMESTIC SOURCE LIMITATION

12 FOR VALVES AND MACHINE TOOLS.

13 Subparagraph (C) of section 2534(c)(2) is amended by

14 striking out ‘‘1996’’ and inserting in lieu thereof ‘‘2001’’.

15 TITLE IX—DEPARTMENT OF DE16 FENSE ORGANIZATION AND

17 MANAGEMENT

18 SEC. 901. ADDITIONAL REQUIRED REDUCTION IN DEFENSE

19 ACQUISITION WORKFORCE.

20 Section 906(d) of the National Defense Authorization

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

22 405) is amended—

23 (1) in paragraph (1), by striking out ‘‘during

24 fiscal year 1996’’ and all that follows and inserting

25 in lieu thereof ‘‘so that—
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1 ‘‘(A) the total number of such positions as of Oc2 tober 1, 1996, is less than the baseline number by at

3 least 15,000; and

4 ‘‘(B) the total number of such positions as of Oc5 tober 1, 1997, is less than the baseline number by at

6 least 40,000.’’; and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(3) For purposes of this subsection, the term ‘baseline

10 number’ means the total number of defense acquisition per11 sonnel positions as of October 1, 1995.’’.

12 SEC. 902. REDUCTION OF PERSONNEL ASSIGNED TO OF13 FICE OF THE SECRETARY OF DEFENSE.

14 (a) PERMANENT LIMITATION ON OSD PERSONNEL.—

15 Effective October 1, 1999, the number of OSD personnel

16 may not exceed 75 percent of the baseline number.

17 (b) PHASED REDUCTION.—The number of OSD per18 sonnel—

19 (1) as of October 1, 1997, may not exceed 85 per20 cent of the baseline number; and

21 (2) as of October 1, 1998, may not exceed 80 per22 cent of the baseline number.

23 (c) BASELINE NUMBER.—For purposes of this section,

24 the term ‘‘baseline number’’ means the number of OSD per25 sonnel as of October 1, 1994.
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1 (d) OSD PERSONNEL DEFINED.—For purposes of this

2 section, the term ‘‘OSD personnel’’ means military and ci3 vilian personnel of the Department of Defense who are as4 signed to, or employed in, functions in the Office of the Sec5 retary of Defense (including Direct Support Activities of

6 that Office and the Washington Headquarters Services of

7 the Department of Defense).

8 (e) LIMITATION ON REASSIGNMENT OF FUNCTIONS.—

9 In carrying out reductions in the number of personnel as10 signed to, or employed in, the Office of the Department of

11 Defense in order to comply with this section, the Secretary

12 of Defense may not reassign functions solely in order to

13 evade the requirements contained in this section.

14 (f) FLEXIBILITY.—If the Secretary of Defense deter15 mines, and certifies to Congress, that the limitation in sub16 section (b) with respect to any fiscal year would adversely

17 affect United States national security, the limitation under

18 that subsection with respect to that fiscal year may be

19 waived. If the Secretary of Defense determines, and certifies

20 to Congress, that the limitation in subsection (a) during

21 fiscal year 1999 would adversely affect United States na22 tional security, the limitation under that subsection with

23 respect to that fiscal year may be waived. The authority

24 under this subsection may be used only once, with respect

25 to a single fiscal year.
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1 (g) REPEAL OF PRIOR REQUIREMENT.—Section

2 901(d) of the National Defense Authorization Act for Fiscal

3 Year 1996 (Public Law 104–106; 110 Stat. 410) is repealed.

4 SEC. 903. REPORT ON MILITARY DEPARTMENT HEAD5 QUARTERS STAFFS.

6 (a) REVIEW BY SECRETARY OF DEFENSE.—The Sec7 retary of Defense shall conduct a review of the size, mission,

8 organization, and functions of the military department

9 headquarters staffs. This review shall include the following:

10 (1) An assessment on the adequacy of the present

11 organization structure to efficiently and effectively

12 support the mission of the military departments.

13 (2) An assessment of options to reduce the num14 ber of personnel assigned to the military department

15 headquarters staffs.

16 (3) An assessment of the extent of unnecessary

17 duplication of functions between the Office of the Sec18 retary of Defense and the military department head19 quarters staffs.

20 (4) An assessment of the possible benefits that

21 could be derived from further functional consolidation

22 between the civilian secretariat of the military de23 partments and the staffs of the military service chiefs.

24 (5) An assessment of the possible benefits that

25 could be derived from reducing the number of civilian
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1 officers in the military departments who are ap2 pointed by and with the advice and consent of the

3 Senate.

4 (b) REPORT.—Not later than March 1, 1997, the Sec5 retary of Defense shall submit to the congressional defense

6 committees a report containing—

7 (1) the findings and conclusions of the Secretary

8 resulting from the review under subsection (a); and

9 (2) a plan for implementing resulting rec10 ommendations, including proposals for legislation

11 (with supporting rationale) that would be required as

12 result of the review.

13 (c) REDUCTION IN TOTAL NUMBER OF PERSONNEL

14 ASSIGNED.—In developing the plan under subsection (b)(2),

15 the Secretary shall make every effort to provide for signifi16 cant reductions in the overall number of military and civil17 ian personnel assigned to or serving in the military depart18 ment headquarters staffs.

19 (d) MILITARY DEPARTMENT HEADQUARTERS STAFFS

20 DEFINED.—For the purposes of this section, the term ‘‘mili21 tary department headquarters staffs’’ means the offices, or22 ganizations, and other elements of the Department of De23 fense comprising the following:

24 (1) The Office of the Secretary of the Army.

25 (2) The Army Staff.
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1 (3) The Office of the Secretary of the Air Force.

2 (4) The Air Staff.

3 (5) The Office of the Secretary of the Navy.

4 (6) The Office of the Chief of Naval Operations.

5 (7) Headquarters, Marine Corps.

6 SEC. 904. EXTENSION OF EFFECTIVE DATE FOR CHARTER

7 FOR JOINT REQUIREMENTS OVERSIGHT

8 COUNCIL.

9 Section 905(b) of the National Defense Authorization

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

11 404) is amended by striking out ‘‘January 31, 1997’’ and

12 inserting in lieu thereof ‘‘January 31, 1998’’.

13 SEC. 905. REMOVAL OF SECRETARY OF THE ARMY FROM

14 MEMBERSHIP ON THE FOREIGN TRADE ZONE

15 BOARD.

16 The first section of the Act of June 18, 1934 (Public

17 Law Numbered 397, Seventy-third Congress; 48 Stat. 998)

18 (19 U.S.C. 81a), popularly known as the ‘‘Foreign Trade

19 Zones Act’’, is amended—

20 (1) in subsection (b), by striking out ‘‘the Sec21 retary of the Treasury, and the Secretary of War’’

22 and inserting in lieu thereof ‘‘and the Secretary of the

23 Treasury’’; and

24 (2) in subsection (c), by striking out ‘‘Alaska,

25 Hawaii,’’.
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1 SEC. 906. MEMBERSHIP OF THE AMMUNITION STORAGE

2 BOARD.

3 Section 172(a) of title 10, United States Code, is

4 amended by striking out ‘‘a joint board of officers selected

5 by them’’ and inserting in lieu thereof ‘‘a joint board se6 lected by them composed of officers, civilian officers and em7 ployees of the Department of Defense, or both’’.

8 SEC. 907. DEPARTMENT OF DEFENSE DISBURSING OFFI9 CIAL CHECK CASHING AND EXCHANGE

10 TRANSACTIONS.

11 Section 3342(b) of title 31, United States Code, is

12 amended—

13 (1) by striking out the period at the end of para14 graph (3) and inserting in lieu thereof a semicolon;

15 (2) by striking out ‘‘and’’ at the end of para16 graph (5);

17 (3) by striking out the period at the end of para18 graph (6) and inserting in lieu thereof ‘‘; or’’; and

19 (4) by adding at the end the following new para20 graph:

21 ‘‘(7) a Federal credit union that at the request

22 of the Secretary of Defense is operating on a United

23 States military installation in a foreign country, but

24 only if that country does not permit contractor-oper25 ated military banking facilities to operate on such in26 stallations.’’.
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1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

5 Upon determination by the Secretary of Defense that such

6 action is necessary in the national interest, the Secretary

7 may transfer amounts of authorizations made available to

8 the Department of Defense in this division for fiscal year

9 1997 between any such authorizations for that fiscal year

10 (or any subdivisions thereof). Amounts of authorizations so

11 transferred shall be merged with and be available for the

12 same purposes as the authorization to which transferred.

13 (2) The total amount of authorizations that the Sec14 retary of Defense may transfer under the authority of this

15 section may not exceed $2,000,000,000.

16 (b) LIMITATIONS.—The authority provided by this sec17 tion to transfer authorizations—

18 (1) may only be used to provide authority for

19 items that have a higher priority than the items from

20 which authority is transferred; and

21 (2) may not be used to provide authority for an

22 item that has been denied authorization by Congress.

23 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans24 fer made from one account to another under the authority

25 of this section shall be deemed to increase the amount au-
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1 thorized for the account to which the amount is transferred

2 by an amount equal to the amount transferred.

3 (d) NOTICE TO CONGRESS.—The Secretary shall

4 promptly notify Congress of each transfer made under sub5 section (a).

6 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

7 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

8 Annex prepared by the Committee on National Security of

9 the House of Representatives to accompany the bill H.R.

10 3230 of the One Hundred Fourth Congress and transmitted

11 to the President is hereby incorporated into this Act.

12 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

13 ACT.—The amounts specified in the Classified Annex are

14 not in addition to amounts authorized to be appropriated

15 by other provisions of this Act.

16 (c) LIMITATION ON USE OF FUNDS.—Funds appro17 priated pursuant to an authorization contained in this Act

18 that are made available for a program, project, or activity

19 referred to in the Classified Annex may only be expended

20 for such program, project, or activity in accordance with

21 such terms, conditions, limitations, restrictions, and re22 quirements as are set out for that program, project, or activ23 ity in the Classified Annex.

24 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

25 President shall provide for appropriate distribution of the
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1 Classified Annex, or of appropriate portions of the annex,

2 within the executive branch of the Government.

3 SEC. 1003. AUTHORITY FOR OBLIGATION OF CERTAIN UN4 AUTHORIZED FISCAL YEAR 1996 DEFENSE AP5 PROPRIATIONS.

6 (a) AUTHORITY.—The amounts described in subsection

7 (b) may be obligated and expended for programs, projects,

8 and activities of the Department of Defense in accordance

9 with fiscal year 1996 defense appropriations.

10 (b) COVERED AMOUNTS.—The amounts referred to in

11 subsection (a) are the amounts provided for programs,

12 projects, and activities of the Department of Defense in fis13 cal year 1996 defense appropriations that are in excess of

14 the amounts provided for such programs, projects, and ac15 tivities in fiscal year 1996 defense authorizations.

16 (c) DEFINITIONS.—For the purposes of this section:

17 (1) FISCAL YEAR 1996 DEFENSE APPROPRIA18 TIONS.—The term ‘‘fiscal year 1996 defense appro19 priations’’ means amounts appropriated or otherwise

20 made available to the Department of Defense for fiscal

21 year 1996 in the Department of Defense Appropria22 tions Act, 1996 (Public Law 104–61).

23 (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA24 TIONS.—The term ‘‘fiscal year 1996 defense author25 izations’’ means amounts authorized to be appro-
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1 priated for the Department of Defense for fiscal year

2 1996 in the National Defense Authorization Act for

3 Fiscal Year 1996 (Public Law 104–106).

4 SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLE5 MENTAL APPROPRIATIONS FOR FISCAL YEAR

6 1996.

7 Amounts authorized to be appropriated to the Depart8 ment of Defense for fiscal year 1996 in the National Defense

9 Authorization Act for Fiscal Year 1996 (Public Law 104–

10 106) are hereby adjusted, with respect to any such author11 ized amount, by the amount by which appropriations pur12 suant to such authorization were increased (by a supple13 mental appropriation) or decreased (by a rescission), or

14 both, in the Omnibus Consolidated Rescissions and Appro15 priations Act of 1996 (Public Law 104–134).

16 SEC. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/

17 MARINE CORPS AND AIR FORCE AMMUNITION

18 ACCOUNTS.

19 Section 114 of title 10, United States Code, is amended

20 by adding at the end the following new subsection:

21 ‘‘(f) In each budget submitted by the President to Con22 gress under section 1105 of title 31, amounts requested for

23 procurement of ammunition for the Navy and Marine

24 Corps, and for procurement of ammunition for the Air
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1 Force, shall be set forth separately from other amounts re2 quested for procurement.’’.

3 SEC. 1006. FORMAT FOR BUDGET REQUESTS FOR DEFENSE

4 AIRBORNE RECONNAISSANCE PROGRAM.

5 (a) REQUIREMENT.—The Secretary of Defense shall

6 ensure that in the budget justification documents for any

7 fiscal year there is set forth separately amounts requested

8 for each program, project, or activity within the Defense

9 Airborne Reconnaissance Program, with a unique program

10 element provided for funds requested for research, develop11 ment, test, and evaluation for each such program, project,

12 or activity and a unique procurement line item provided

13 for funds requested for procurement for each such program,

14 project, or activity.

15 (b) DEFENSE BUDGET.—For purposes of subsection

16 (a), the term ‘‘budget justification documents’’ means the

17 supporting budget documentation submitted to the congres18 sional defense committees in support of the budget of the

19 Department of Defense for a fiscal year as included in the

20 budget of the President submitted under section 1105 of title

21 31, United States Code, for that fiscal year.
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1 Subtitle B—Reports and Studies

2 SEC. 1021. ANNUAL REPORT ON OPERATION PROVIDE COM3 FORT AND OPERATION ENHANCED SOUTH4 ERN WATCH.

5 (a) ANNUAL REPORT.—Not later than March 1 of each

6 year, the Secretary of Defense shall submit to Congress a

7 report on Operation Provide Comfort and Operation En8 hanced Southern Watch.

9 (b) MATTERS RELATING TO OPERATION PROVIDE

10 COMFORT.—Each report under subsection (a) shall include,

11 with respect to Operation Provide Comfort, the following:

12 (1) A detailed presentation of the projected costs

13 to be incurred by the Department of Defense for that

14 operation during the fiscal year in which the report

15 is submitted and projected for the following fiscal

16 year, together with a discussion of missions and func17 tions expected to be performed by the Department as

18 part of that operation during each of those fiscal

19 years.

20 (2) A detailed presentation of the projected costs

21 to be incurred by other departments and agencies of

22 the Federal Government participating in or providing

23 support to that operation during each of those fiscal

24 years.
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1 (3) A discussion of options being pursued to re2 duce the involvement of the Department of Defense in

3 those aspects of that operation that are not directly

4 related to the military mission of the Department of

5 Defense.

6 (4) A discussion of the exit strategy for United

7 States involvement in, and support for, that oper8 ation.

9 (5) A description of alternative approaches to ac10 complishing the mission of that operation that are de11 signed to limit the scope and cost to the Department

12 of Defense of accomplishing that mission while main13 taining mission success.

14 (6) The contributions (both in-kind and actual)

15 by other nations to the costs of conducting that oper16 ation.

17 (7) A detailed presentation of significant Iraqi

18 military activity (including specific violations of the

19 no-fly zone) determined to jeopardize the security of

20 the Kurdish population in northern Iraq.

21 (c) MATTERS RELATING TO OPERATION ENHANCED

22 SOUTHERN WATCH.—Each report under subsection (a)

23 shall include, with respect to Operation Enhanced Southern

24 Watch, the following:
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1 (1) The expected duration and annual costs of

2 the various elements of that operation.

3 (2) The political and military objectives associ4 ated with that operation.

5 (3) The contributions (both in-kind and actual)

6 by other nations to the costs of conducting that oper7 ation.

8 (4) A description of alternative approaches to ac9 complishing the mission of that operation that are de10 signed to limit the scope and cost of accomplishing

11 that mission while maintaining mission success.

12 (5) A comprehensive discussion of the political

13 and military objectives and initiatives that the De14 partment of Defense has pursued, and intends to pur15 sue, in order to reduce United States involvement in

16 that operation.

17 (6) A detailed presentation of significant Iraqi

18 military activity (including specific violations of the

19 no-fly zone) determined to jeopardize the security of

20 the Shiite population in southern Iraq.

21 (d) TERMINATION OF REPORT REQUIREMENT.—The

22 requirement under subsection (a) shall cease to apply with

23 respect to an operation named in that subsection upon the

24 termination of United States involvement in that operation.

25 (e) DEFINITIONS.—For purposes of this section:
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1 (1) OPERATION ENHANCED SOUTHERN WATCH.—

2 The term ‘‘Operation Enhanced Southern Watch’’

3 means the operation of the Department of Defense

4 that as of October 30, 1995, is designated as Oper5 ation Enhanced Southern Watch.

6 (2) OPERATION PROVIDE COMFORT.—The term

7 ‘‘Operation Provide Comfort’’ means the operation of

8 the Department of Defense that as of October 30,

9 1995, is designated as Operation Provide Comfort.

10 SEC. 1022. REPORT ON PROTECTION OF NATIONAL INFOR11 MATION INFRASTRUCTURE.

12 (a) REPORT REQUIREMENT.—Not later than 180 days

13 after the date of the enactment of this Act, the President

14 shall submit to Congress a report setting forth the national

15 policy on protecting the national information infrastruc16 ture against strategic attacks.

17 (b) MATTERS TO BE INCLUDED.—The report shall in18 clude the following:

19 (1) A description of the national policy and

20 plans to meet essential Government and civilian

21 needs during a national security emergency associ22 ated with a strategic attack on elements of the na23 tional infrastructure the functioning of which depend

24 on networked computer systems.
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1 (2) The identification of information infrastruc2 ture functions that must be performed during such an

3 emergency.

4 (3) The assignment of responsibilities to Federal

5 departments and agencies, and a description of the

6 roles of Government and industry, relating to indica7 tions and warning of, assessment of, response to, and

8 reconstitution after, potential strategic attacks on the

9 critical national infrastructures described under

10 paragraph (1).

11 (c) OUTSTANDING ISSUES.—The report shall also iden12 tify any outstanding issues in need of further study and

13 resolution, such as technology and funding shortfalls, and

14 legal and regulatory considerations.

15 SEC. 1023. REPORT ON WITNESS INTERVIEW PROCEDURES

16 FOR DEPARTMENT OF DEFENSE CRIMINAL IN17 VESTIGATIONS.

18 (a) SURVEY OF MILITARY DEPARTMENT POLICIES AND

19 PRACTICES.—The Comptroller General of the United States

20 shall conduct a survey of the policies and practices of the

21 military criminal investigative organizations with respect

22 to the manner in which interviews of suspects and witnesses

23 are conducted in connection with criminal investigations.

24 The purpose of the survey shall be to ascertain whether or

25 not investigators and agents from those organizations en-
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1 gage in illegal, unnecessary, or inappropriate harassment

2 and intimidation of individuals being interviewed.

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

4 of the enactment of this Act, the Comptroller General shall

5 submit to the Committee on National Security of the House

6 of Representatives and the Committee on Armed Services

7 of the Senate a report concerning the survey under sub8 section (a). The report shall specifically address the follow9 ing:

10 (1) The extent to which investigators of the mili11 tary criminal investigative organizations engage in

12 illegal or inappropriate practices in connection with

13 interviews of suspects in or witnesses to crimes.

14 (2) The extent to which the interview policies es15 tablished by the Department of Defense directive or

16 service regulation are adequate to instruct and guide

17 investigators in the proper conduct of subject and wit18 ness interviews.

19 (3) The desirability and feasibility of requiring

20 the video and audio recording of all interviews.

21 (4) The desirability and feasibility of making

22 such recordings or written transcriptions of inter23 views, or both, available on demand to the subject or

24 witness interviewed.
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1 (5) The extent to which existing directives or reg2 ulations specify a prohibition against the display by

3 agents of those organizations of weapons during inter4 views and the extent to which agents conducting

5 interviews inappropriately display weapons during

6 interviews.

7 (6) The extent to which existing directives or reg8 ulations forbid agents of those organizations from

9 making judgmental statements during interviews re10 garding the guilt of the interviewee or the con11 sequences of failing to cooperate with investigators,

12 and the extent to which agents conducting interviews

13 nevertheless engage in such practices.

14 (7) Any recommendation for legislation to ensure

15 that investigators and agents of the military criminal

16 investigative organizations use legal and proper tac17 tics during interviews in connection with Department

18 of Defense criminal investigations.

19 (c) RESULTS OF INTERVIEWS AND SURVEYS.—The

20 Comptroller General shall include in the report under sub21 section (b) the results of interviews and surveys conducted

22 under subsection (a) with persons who were witnesses or

23 subjects in investigations conducted by military criminal

24 investigative organizations.
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1 (d) DEFINITION.—For the purposes of this section, the

2 term ‘‘military criminal investigative organization’’ means

3 any of the following:

4 (1) The Army Criminal Investigation Command.

5 (2) The Air Force Office of Special Investiga6 tions.

7 (3) The Naval Criminal Investigative Service.

8 (4) The Defense Criminal Investigative Service.

9 Subtitle C—Other Matters

10 SEC. 1031. INFORMATION SYSTEMS SECURITY PROGRAM.

11 (a) ALLOCATION.—Of the amounts appropriated for

12 the Department of Defense for the Defense Information In13 frastructure for each of fiscal years 1998 through 2001, the

14 Secretary of Defense shall allocate to an information sys15 tems security program, under a separate program element,

16 amounts as follows:

17 (1) For fiscal year 1998, 2.5 percent.

18 (2) For fiscal year 1999, 3.0 percent.

19 (3) For fiscal year 2000, 3.5 percent.

20 (4) For fiscal year 2001, 4.0 percent.

21 (b) RELATIONSHIP TO OTHER AMOUNTS.—Amounts

22 allocated under subsection (a) are in addition to amounts

23 appropriated to the National Security Agency and the De24 fense Advanced Research Projects Agency for information

25 security development, acquisition, and operations.
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1 (c) ANNUAL REPORT.—The Secretary of Defense shall

2 submit to the congressional defense committee and congres3 sional intelligence committees a report not later than April

4 15 of each year from 1998 through 2002 that describes in5 formation security objectives of the Department of Defense,

6 the progress made during the previous year in meeting those

7 objectives, and plans of the Secretary with respect to meet8 ing those objectives for the next fiscal year.

9 SEC. 1032. AVIATION AND VESSEL WAR RISK INSURANCE.

10 (a) AVIATION RISK INSURANCE.—(1) Chapter 931 of

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 9514. Indemnification of Department of Transpor14 tation for losses covered by defense-relat15 ed aviation insurance

16 ‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the

17 event of a loss that is covered by defense-related aviation

18 insurance, the Secretary of Defense shall promptly indem19 nify the Secretary of Transportation for the amount of the

20 loss. The Secretary of Defense shall make such indemnifica21 tion—

22 ‘‘(1) in the case of a claim for the loss of an air23 craft hull, not later than 30 days following the date

24 of the presentment of the claim to the Secretary of

25 Transportation; and
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1 ‘‘(2) in the case of any other claim, not later

2 than 180 days after the date on which the claim is

3 determined by the Secretary of Transportation to be

4 payable.

5 ‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM6 NITY.—The Secretary may pay an indemnity described in

7 subsection (a) from any funds available to the Department

8 of Defense for operation and maintenance, and such sums

9 as may be necessary for payment of such indemnity are

10 hereby authorized to be transferred to the Secretary of

11 Transportation for such purpose.

12 ‘‘(c) NOTICE TO CONGRESS.—In the event of a loss that

13 is covered by defense-related aviation insurance in the case

14 of an incident in which the covered loss is (or is expected

15 to be) in an amount in excess of $1,000,000, the Secretary

16 of Defense shall submit to Congress—

17 ‘‘(1) notification of the loss as soon after the oc18 currence of the loss as possible and in no event more

19 than 30 days after the date of the loss; and

20 ‘‘(2) semiannual reports thereafter updating the

21 information submitted under paragraph (1) and

22 showing with respect to losses arising from such inci23 dent the total amount expended to cover such losses,

24 the source of those funds, pending litigation, and esti25 mated total cost to the Government.
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1 ‘‘(d) IMPLEMENTING MATTERS.—(1) Payment of in2 demnification under this section is not subject to section

3 2214 or 2215 of this title or any other provision of law

4 requiring notification to Congress before funds may be

5 transferred.

6 ‘‘(2) Consolidation of claims arising from the same in7 cident is not required before indemnification of the Sec8 retary of Transportation for payment of a claim may be

9 made under this section.

10 ‘‘(e) CONSTRUCTION WITH OTHER TRANSFER AU11 THORITY.—Authority to transfer funds under this section

12 is in addition to any other authority provided by law to

13 transfer funds (whether enacted before, on, or after the date

14 of the enactment of this section) and is not subject to any

15 dollar limitation or notification requirement contained in

16 any other such authority to transfer funds.

17 ‘‘(f) DEFINITIONS.—In this section:

18 ‘‘(1) DEFENSE-RELATED AVIATION INSURANCE.—

19 The term ‘defense-related aviation insurance’ means

20 aviation insurance and reinsurance provided through

21 policies issued by the Secretary of Transportation

22 under chapter 443 of title 49 that pursuant to section

23 44305(b) of that title is provided by that Secretary

24 without premium at the request of the Secretary of

25 Defense and is covered by an indemnity agreement
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1 between the Secretary of Transportation and the Sec2 retary of Defense.

3 ‘‘(2) LOSS.—The term ‘loss’ includes damage to

4 or destruction of property, personal injury or death,

5 and other liabilities and expenses covered by the de6 fense-related aviation insurance.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘9514. Indemnification of Department of Transportation for losses covered by defense-related aviation insurance.’’.

9 (b) VESSEL WAR RISK INSURANCE.—(1) Chapter 157

10 of title 10, United States Code, is amended by adding after

11 section 2644, as added by section 364(a), the following new

12 section:

13 ‘‘§ 2645. Indemnification of Department of Transpor14 tation for losses covered by vessel war risk

15 insurance

16 ‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the

17 event of a loss that is covered by vessel war risk insurance,

18 the Secretary of Defense shall promptly indemnify the Sec19 retary of Transportation for the amount of the loss. The

20 Secretary of Defense shall make such indemnification—

21 ‘‘(1) in the case of a claim for a loss to a vessel,

22 not later than 90 days following the date of the adju23 dication or settlement of the claim by the Secretary

24 of Transportation; and
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1 ‘‘(2) in the case of any other claim, not later

2 than 180 days after the date on which the claim is

3 determined by the Secretary of Transportation to be

4 payable.

5 ‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM6 NITY.—The Secretary may pay an indemnity described in

7 subsection (a) from any funds available to the Department

8 of Defense for operation and maintenance, and such sums

9 as may be necessary for payment of such indemnity are

10 hereby authorized to be transferred to the Secretary of

11 Transportation for such purpose.

12 ‘‘(c) DEPOSIT OF FUNDS.—(1) Any amount trans13 ferred to the Secretary of Transportation under this section

14 shall be deposited in, and merged with amounts in, the Ves15 sel War Risk Insurance Fund as provided in the second

16 sentence of section 1208(a) of the Merchant Marine Act,

17 1936 (46 U.S.C. App. 1288(a)).

18 ‘‘(2) In this subsection, the term ‘Vessel War Risk In19 surance Fund’ means the insurance fund referred to in the

20 first sentence of section 1208(a) of the Merchant Marine Act,

21 1936 (46 U.S.C. App. 1288(a)).

22 ‘‘(d) NOTICE TO CONGRESS.—In the event of a loss

23 that is covered by vessel war risk insurance in the case of

24 an incident in which the covered loss is (or is expected to
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1 be) in an amount in excess of $1,000,000, the Secretary of

2 Defense shall submit to Congress—

3 ‘‘(1) notification of the loss as soon after the oc4 currence of the loss as possible and in no event more

5 than 30 days after the date of the loss; and

6 ‘‘(2) semiannual reports thereafter updating the

7 information submitted under paragraph (1) and

8 showing with respect to losses arising from such inci9 dent the total amount expended to cover such losses,

10 the source of such funds, pending litigation, and esti11 mated total cost to the Government.

12 ‘‘(e) IMPLEMENTING MATTERS.—(1) Payment of in13 demnification under this section is not subject to section

14 2214 or 2215 of this title or any other provision of law

15 requiring notification to Congress before funds may be

16 transferred.

17 ‘‘(2) Consolidation of claims arising from the same in18 cident is not required before indemnification of the Sec19 retary of Transportation for payment of a claim may be

20 made under this section.

21 ‘‘(f) CONSTRUCTION WITH OTHER TRANSFER AU22 THORITY.—Authority to transfer funds under this section

23 is in addition to any other authority provided by law to

24 transfer funds (whether enacted before, on, or after the date

25 of the enactment of this section) and is not subject to any
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1 dollar limitation or notification requirement contained in

2 any other such authority to transfer funds.

3 ‘‘(g) DEFINITIONS.—In this section:

4 ‘‘(1) VESSEL WAR RISK INSURANCE.—The term

5 ‘vessel war risk insurance’ means insurance and rein6 surance provided through policies issued by the Sec7 retary of Transportation under title XII of the Mer8 chant Marine Act, 1936 (46 U.S.C. App. 1281 et

9 seq.), that is provided by that Secretary without pre10 mium at the request of the Secretary of Defense and

11 is covered by an indemnity agreement between the

12 Secretary of Transportation and the Secretary of De13 fense.

14 ‘‘(2) LOSS.—The term ‘loss’ includes damage to

15 or destruction of property, personal injury or death,

16 and other liabilities and expenses covered by the vessel

17 war risk insurance.’’.

18 (2) The table of sections at the beginning of such chap19 ter is amended by adding after the item relating to section

20 2644, as added by section 364(c)(3), the following new item:

‘‘2645. Indemnification of Department of Transportation for losses covered by vessel war risk insurance.’’.

21 SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.

22 (a) INDEPENDENCE AND OBJECTIVITY OF BOARDS.—

23 (1) Chapter 134 of title 10, United States Code, is amended

24 by adding at the end the following new section:
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1 ‘‘§ 2255. Aircraft accident investigation boards: inde2 pendence and objectivity

3 ‘‘(a) REQUIRED MEMBERSHIP OF BOARDS.—Whenever

4 the Secretary of a military department convenes a aircraft

5 accident investigation board to conduct an accident inves6 tigation of an accident involving an aircraft under the ju7 risdiction of the Secretary, the Secretary shall select the

8 membership of the board so that—

9 ‘‘(1) a majority of the voting members of the

10 board are selected from units outside the chain of

11 command of the mishap unit; and

12 ‘‘(2) at least one voting member of the board is

13 an officer or an employee assigned to the relevant

14 service safety center.

15 ‘‘(b) DETERMINATION OF UNITS OUTSIDE SAME

16 CHAIN OF COMMAND.—For purposes of this section, a unit

17 shall be considered to be outside the chain of command of

18 another unit if the two units do not have a common com19 mander in their respective chains of command below a posi20 tion for which the authorized grade is major general or rear

21 admiral.

22 ‘‘(c) MISHAP UNIT DEFINED.—In this section, the

23 term ‘mishap unit’, with respect to an aircraft accident in24 vestigation, means the unit of the armed forces (at the

25 squadron level or equivalent) to which was assigned the
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1 flight crew of the aircraft that sustained the accident that

2 is the subject of the investigation.

3 ‘‘(d) SERVICE SAFETY CENTER.—For purposes of this

4 section, a service safety center is the single office or separate

5 operating agency of a military department that has respon6 sibility for the management of aviation safety matters for

7 that military department.’’.

8 (2) The table of sections at the beginning of subchapter

9 II of such chapter is amended by adding at the end the

10 following new item:

‘‘2255. Aircraft accident investigation boards: independence and objectivity.’’.

11 (b) EFFECTIVE DATE.—Section 2255 of title 10, Unit12 ed States Code, as added by subsection (a), shall apply with

13 respect to any aircraft accident investigation board con14 vened by the Secretary of a military department after the

15 end of the six-month period beginning on the date of the

16 enactment of this Act.

17 SEC. 1034. AUTHORITY FOR USE OF APPROPRIATED FUNDS

18 FOR RECRUITING FUNCTIONS.

19 (a) AUTHORITY.—Chapter 31 of title 10, United States

20 Code, is amended by adding at the end the following new

21 section:

22 ‘‘§ 520c. Recruiting functions: use of funds

23 ‘‘Under regulations prescribed by the Secretary con24 cerned, funds appropriated to the Department of Defense
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1 may be expended for small meals and snacks during recruit2 ing functions for the following persons:

3 ‘‘(1) Persons who have entered the Delayed

4 Entry Program under section 513 of this title and

5 other persons who are the subject of recruiting efforts.

6 ‘‘(2) Persons in communities who assist the mili7 tary departments in recruiting efforts.

8 ‘‘(3) Military or civilian personnel whose attend9 ance at such functions is mandatory.

10 ‘‘(4) Other persons whose presence at recruiting

11 functions will contribute to recruiting efforts.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of such chapter is amended by adding at the

14 end the following new item:

‘‘520c. Recruiting functions: use of funds.’’.

15 SEC. 1035. AUTHORITY FOR AWARD OF MEDAL OF HONOR

16 TO CERTAIN AFRICAN AMERICAN SOLDIERS

17 WHO SERVED DURING WORLD WAR II.

18 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not19 withstanding the time limitations in section 3744(b) of title

20 10, United States Code, or any other time limitation, the

21 President may award the Medal of Honor to the persons

22 specified in subsection (b), each of whom has been found

23 by the Secretary of the Army to have distinguished himself

24 conspicuously by gallantry and intrepidity at the risk of
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1 his life above and beyond the call of duty while serving in

2 the United States Army during World War II.

3 (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF

4 HONOR.—The persons referred to in subsection (a) are the

5 following:

6 (1) Vernon J. Baker, who served as a first lieu7 tenant in the 370th Infantry Regiment, 92nd Infan8 try Division.

9 (2) Edward A. Carter, who served as a staff ser10 geant in the 56th Armored Infantry Battalion,

11 Twelfth Armored Division.

12 (3) John R. Fox, who served as a first lieutenant

13 in the 366th Infantry Regiment, 92nd Infantry Divi14 sion.

15 (4) Willy F. James, Jr., who served as a private

16 first class in 413th Infantry Regiment, 104th Infan17 try Division.

18 (5) Ruben Rivers, who served as a staff sergeant

19 in the 761st Tank Battalion.

20 (6) Charles L. Thomas, who served as a first

21 lieutenant in the 614th Tank Destroyer Battalion.

22 (7) George Watson, who served as a private in

23 the 29th Quartermaster Regiment.
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1 (c) POSTHUMOUS AWARD.—The Medal of Honor may

2 be awarded under this section posthumously, as provided

3 in section 3752 of title 10, United States Code.

4 (d) PRIOR AWARD.—The Medal of Honor may be

5 awarded under this section for service for which a Distin6 guished-Service Cross, or other award, has been awarded.

7 SEC. 1036. COMPENSATION FOR PERSONS AWARDED PRIS8 ONER OF WAR MEDAL WHO DID NOT PRE9 VIOUSLY RECEIVE COMPENSATION AS A PRIS10 ONER OF WAR.

11 (a) AUTHORITY TO MAKE PAYMENTS.—The Secretary

12 of the military department concerned shall make payments

13 in the manner provided in section 6 of the War Claims Act

14 of 1948 (50 U.S.C. App. 2005) to (or on behalf of) any per15 son described in subsection (b) who submits an application

16 for such payment in accordance with subsection (d).

17 (b) ELIGIBLE PERSONS.—This section applies with re18 spect to a member or former member of the Armed Forces

19 who—

20 (1) has received the prisoner of war medal under

21 section 1128 of title 10, United States Code; and

22 (2) has not previously received a payment under

23 section 6 of the War Claims Act of 1948 (50 U.S.C.

24 App. 2005) with respect to the period of internment
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1 for which the person received the prisoner of war

2 medal.

3 (c) AMOUNT OF PAYMENT.—The amount of the pay4 ment to any person under this section shall be determined

5 based upon the provisions of section 6 of the War Claims

6 Act of 1948 that are applicable with respect to the period

7 of time during which the internment occurred for which the

8 person received the prisoner of war medal.

9 (d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLICA10 TIONS.—A payment may be made by reason of this section

11 only in the case of a person who submits an application

12 to the Secretary concerned for such payment during the one13 year period beginning on the date of the enactment of this

14 Act. Any such application shall be submitted in such form

15 and manner as the Secretary may require.

16 SEC. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR

17 STRATEGIC SECURITY STUDIES.

18 (a) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary

19 of Defense may accept, on behalf of the George C. Marshall

20 European Center for Security Studies, from any foreign na21 tion any contribution of money or services made by such

22 nation to defray the cost of, or enhance the operations of,

23 the George C. Marshall European Center for Security Stud24 ies. Such contributions may include guest lecturers, faculty
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1 services, research materials, and other donations through

2 foundations or similar sources.

3 (b) NOTICE TO CONGRESS.—The Secretary of Defense

4 shall notify Congress if total contributions of money under

5 subsection (a) exceed $2,000,000 in any fiscal year. Any

6 such notice shall list the nations and the amounts of each

7 such contribution.

8 (c) MARSHALL CENTER ATTENDANCE AND REPORTING

9 REQUIREMENT.—(1) The Secretary of Defense may author10 ize participation by a European or Eurasian nation in

11 Marshall Center programs if—

12 (A) the Secretary determines, after consultation

13 with the Secretary of State, that such participation is

14 in the national interest of the United States; and

15 (B) the Secretary determines that such partici16 pation (notwithstanding any other provision of law)

17 by that nation in Marshall Center programs will ma18 terially contribute to the reform of the electoral proc19 ess or development of democratic institutions or demo20 cratic political parties in that nation.

21 (2) The Secretary of Defense shall notify Congress of

22 such determination not less than 90 days in advance of any

23 such participation by such nation pursuant to the deter24 mination concerning that nation.
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1 (3) The Secretary of Defense shall submit to Congress

2 an annual report on the participation of European and

3 Eurasian nations in programs of the Marshall Center.

4 (d) MARSHALL CENTER BOARD OF VISITORS.—(1) In

5 the case of any United States citizen invited to serve with6 out compensation on the Marshall Center Board of Visitors,

7 the Secretary of Defense may waive any requirement for

8 financial disclosure that would otherwise be applicable to

9 that person by reason of service on such Board of Visitors.

10 (2) Notwithstanding section 219 of title 18, United

11 States Code, a non-United States citizen may serve on the

12 Board even though registered as a foreign agent.

13 SEC. 1038. PARTICIPATION OF MEMBERS, DEPENDENTS,

14 AND OTHER PERSONS IN CRIME PREVENTION

15 EFFORTS AT INSTALLATIONS.

16 (a) CRIME PREVENTION.—The Secretary of Defense

17 shall prescribe regulations intended to require members of

18 the Armed Forces, dependents of members, civilian employ19 ees of the Department of Defense, and employees of defense

20 contractors performing work at military installations to re21 port to an appropriate military law enforcement agency

22 any crime or criminal activity that the person reasonably

23 believes occurred on a military installation.

24 (b) SANCTIONS.—As part of the regulations, the Sec25 retary shall consider the feasibility of imposing sanctions
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1 against a person described in subsection (a), particularly

2 a member of the Armed Forces, who fails to report the occur3 rence of a crime or criminal activity as required by the

4 regulations.

5 (c) REPORT REGARDING IMPLEMENTATION.—Not later

6 than February 1, 1997, the Secretary shall submit to Con7 gress a report describing the plans of the Secretary to imple8 ment this section.

9 SEC. 1039. TECHNICAL AND CLERICAL AMENDMENTS.

10 (a) CORRECTIONS IN STATUTORY REFERENCES.—

11 (1) REFERENCE TO COMMAND FORMERLY KNOWN

12 AS THE NORTH AMERICAN AIR DEFENSE COMMAND.—

13 Section 162(a) of title 10, United States Code, is

14 amended by striking out ‘‘North American Air De15 fense Command’’ in paragraphs (1), (2), and (3) and

16 inserting in lieu thereof ‘‘North American Aerospace

17 Defense Command’’.

18 (2) REFERENCES TO FORMER NAVAL RECORDS

19 AND HISTORY OFFICE AND FUND.—(A) Section 7222

20 of title 10, United States Code, is amended in sub21 sections (a) and (c) by striking out ‘‘Office of Naval

22 Records and History’’ each place it appears and in23 serting in lieu thereof ‘‘Naval Historical Center’’.

24 (B)(i) The heading of such section is amended to

25 read as follows:
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1 ‘‘§ 7222. Naval Historical Center Fund’’.

2 (ii) The item relating to such section in the table

3 of sections at the beginning of chapter 631 of title 10,

4 United States Code, is amended to read as follows:

‘‘7222. Naval Historical Center Fund.’’.

5 (C) Section 2055(g) of the Internal Revenue Code

6 of 1986 is amended by striking out paragraph (4)

7 and inserting in lieu thereof the following:

‘‘(4) For treatment of gifts and bequests for the

benefit of the Naval Historical Center as gifts or bequests to or for the use of the United States, see section 7222 of title 10, United States Code.’’.

8 (3) CHEMICAL DEMILITARIZATION CITIZENS AD9 VISORY COMMISSIONS.—Section 172 of the National

10 Defense Authorization Act for Fiscal Year 1993 (Pub11 lic Law 102–484; 106 Stat. 2341; 50 U.S.C. 1521

12 note) is amended by striking out ‘‘Assistant Secretary

13 of the Army (Installations, Logistics, and Environ14 ment)’’ in subsections (b) and (f) and inserting in

15 lieu thereof ‘‘Assistant Secretary of the Army (Re16 search, Development and Acquisition)’’.

17 (b) MISCELLANEOUS AMENDMENTS TO TITLE 10,

18 United States Code.—Title 10, United States Code, is

19 amended as follows:

20 (1) Section 129(a) is amended by striking out

21 ‘‘the date of the enactment of the National Defense
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1 Authorization Act for Fiscal Year 1996’’ and insert2 ing in lieu thereof ‘‘February 10, 1996,’’.

3 (2) Section 401 is amended—

4 (A) in subsection (a)(4), by striking out

5 ‘‘Armed Forces’’ both places it appears and in6 serting in lieu thereof ‘‘armed forces’’; and

7 (B) in subsection (e), by inserting ‘‘any of

8 the following’’ after ‘‘means’’.

9 (3) Section 528(b) is amended by striking out

10 ‘‘(1)’’ after ‘‘(b)’’ and inserting ‘‘(1)’’ before ‘‘The lim11 itation’’.

12 (4) Section 1078a(a) is amended by striking out

13 ‘‘Beginning on October 1, 1994, the’’ and inserting in

14 lieu thereof ‘‘The’’.

15 (5) Section 1161(b)(2) is amended by striking

16 out ‘‘section 1178’’ and inserting in lieu thereof ‘‘sec17 tion 1167’’.

18 (6) Section 1167 is amended by striking out

19 ‘‘person’’ and inserting in lieu thereof ‘‘member’’.

20 (7) The table of sections at the beginning of

21 chapter 81 is amended by striking out ‘‘Sec.’’ in the

22 item relating to section 1599a.

23 (8) Section 1588(d)(1)(C) is amended by striking

24 out ‘‘Section 522a’’ and inserting in lieu thereof ‘‘Sec25 tion 552a’’.
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1 (9) Chapter 87 is amended—

2 (A) in section 1723(a), by striking out the

3 second sentence;

4 (B) in section 1724, by striking out ‘‘, be5 ginning on October 1, 1993,’’ in subsections (a)

6 and (b);

7 (C) in section 1733(a), by striking out ‘‘On

8 and after October 1, 1993, a’’ and inserting in

9 lieu thereof ‘‘A’’; and

10 (D) in section 1734—

11 (i) in subsection (a)(1), by striking out

12 ‘‘, on and after October 1, 1993,’’; and

13 (ii) in subsection (b)(1)(A), by striking

14 out ‘‘, on and after October 1, 1991,’’.

15 (10) Section 2216, as added by section 371 of the

16 National Defense Authorization Act for Fiscal Year

17 1996 (Public Law 104–106; 107 Stat. 277), is redes18 ignated as section 2216a, and the item relating to

19 that section in the table of sections at the beginning

20 of chapter 131 is revised so as to reflect such redesig21 nation.

22 (11) Section 2305(b)(6) is amended—

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

24 ‘‘of this section’’ and ‘‘of this paragraph’’;
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1 (B) in subparagraph (C), by striking out

2 ‘‘this subsection’’ and inserting in lieu thereof

3 ‘‘subparagraph (A)’’; and

4 (C) in subparagraph (D), by striking out

5 ‘‘pursuant to this subsection’’ and inserting in

6 lieu thereof ‘‘under subparagraph (A)’’.

7 (12) Section 2306a(h)(3) is amended by insert8 ing ‘‘(41 U.S.C. 403(12))’’ before the period at the

9 end.

10 (13) Section 2323a(a) is amended by striking

11 out ‘‘section 1207 of the National Defense Authoriza12 tion Act for Fiscal Year 1987 (10 U.S.C. 2301 note)’’

13 and inserting in lieu thereof ‘‘section 2323 of this

14 title’’.

15 (14) Section 2534(c)(4) is amended by striking

16 out ‘‘the date occurring two years after the date of the

17 enactment of the National Defense Authorization Act

18 for Fiscal Year 1996’’ and inserting in lieu thereof

19 ‘‘February 10, 1998’’.

20 (15) The table of sections at the beginning of

21 chapter 155 is amended by striking out the item re22 lating to section 2609.

23 (16) Section 2610(e) is amended by striking out

24 ‘‘two years after the date of the enactment of the Na25 tional Defense Authorization Act for Fiscal Year
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1 1996’’ and inserting in lieu thereof ‘‘on February 10,

2 1998’’.

3 (17) Sections 2824(c) and 2826(i)(1) are amend4 ed by striking out ‘‘the date of the enactment of the

5 National Defense Authorization Act for Fiscal Year

6 1996’’ and inserting in lieu thereof ‘‘February 10,

7 1996’’.

8 (18) Section 3036(d) is amended by striking out

9 ‘‘For purposes of this subsection,’’ and inserting in

10 lieu thereof ‘‘In this subsection,’’.

11 (19) The table of sections at the beginning of

12 chapter 641 is amended by striking out the item re13 lating to section 7434.

14 (20) Section 10542(b)(21) is amended by strik15 ing out ‘‘261’’ and inserting in lieu thereof ‘‘12001’’.

16 (21) Section 12205(a) is amended by striking

17 out ‘‘After September 30, 1995, no person’’ and in18 serting in lieu thereof ‘‘No person’’.

19 (c) AMENDMENTS TO PUBLIC LAW 104–106.—The Na20 tional Defense Authorization Act for Fiscal Year 1996 (Pub21 lic Law 104–106; 110 Stat. 186 et seq.) is amended as fol22 lows:

23 (1) Section 561(d)(1) (110 Stat. 322) is amended

24 by inserting ‘‘of such title’’ after ‘‘Section 1405(c)’’.
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1 (2) Section 903(e)(1) (110 Stat. 402) is amend2 ed—

3 (A) in subparagraph (A), by striking out

4 ‘‘paragraphs (6) and (8)’’ and inserting in lieu

5 thereof ‘‘paragraph (6)’’; and

6 (B) in subparagraph (B), by inserting

7 ‘‘(8),’’ after ‘‘(7),’’ and by striking out ‘‘and

8 (9),’’ and inserting in lieu thereof ‘‘(9), and

9 (10),’’.

10 (3) Section 1092(b)(2) (110 Stat. 460) is amend11 ed by striking out the period at the end and inserting

12 in lieu thereof ‘‘; and’’.

13 (4) Section 4301(a)(1) (110 Stat. 656) is amend14 ed by inserting ‘‘of subsection (a)’’ after ‘‘in para15 graph (2)’’.

16 (5) Section 5601 (110 Stat. 699) is amended—

17 (A) in subsection (a), by inserting ‘‘of title

18 10, United States Code,’’ before ‘‘is amended’’;

19 and

20 (B) in subsection (c), by striking out ‘‘use

21 of equipment or services, if’’ in the second quoted

22 matter therein and inserting in lieu thereof ‘‘use

23 of the equipment or services’’.

24 (d) PROVISIONS EXECUTED BEFORE ENACTMENT OF

25 PUBLIC LAW 104–106.—
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1 (1) Section 533(b) of the National Defense Au2 thorization Act for Fiscal Year 1996 (Public Law

3 104–106; 110 Stat. 315) shall apply as if enacted as

4 of December 31, 1995.

5 (2) The authority provided under section 942(f)

6 of title 10, United States Code, shall be effective as if

7 section 1142 of the National Defense Authorization

8 Act for Fiscal Year 1996 (Public Law 104–106; 110

9 Stat. 467) had been enacted on September 29, 1995.

10 (e) AMENDMENTS TO OTHER ACTS.—

11 (1) The last section of the Office of Federal Pro12 curement Policy Act (41 U.S.C. 434), as added by

13 section 5202 of Public Law 104–106 (110 Stat. 690),

14 is redesignated as section 38, and the item appearing

15 after section 34 in the table of contents in the first

16 section of that Act is transferred to the end of such

17 table of contents and revised so as to reflect such re18 designation.

19 (2) Section 1412(g)(2) of the Department of De20 fense Authorization Act, 1986 (50 U.S.C. 1521(g)(2)),

21 is amended—

22 (A) in the matter preceding subparagraph

23 (A), by striking out ‘‘shall contain—’’ and in24 serting in lieu thereof ‘‘shall include the follow25 ing:’’;
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1 (B) in subparagraph (A)—

2 (i) by striking out ‘‘a’’ before ‘‘site-by3 site’’ and inserting in lieu thereof ‘‘A’’; and

4 (ii) by striking out the semicolon at the

5 end and inserting in lieu thereof a period;

6 and

7 (C) in subparagraphs (B) and (C), by strik8 ing out ‘‘an’’ at the beginning of the subpara9 graph and and inserting in lieu thereof ‘‘An’’.

10 (f) COORDINATION WITH OTHER AMENDMENTS.—For

11 purposes of applying amendments made by provisions of

12 this Act other than provisions of this section, this section

13 shall be treated as having been enacted immediately before

14 the other provisions of this Act.

15 SEC. 1040. PROHIBITION ON CARRYING OUT SR–71 STRATE16 GIC RECONNAISSANCE PROGRAM DURING

17 FISCAL YEAR 1997.

18 The Secretary of Defense may not carry out any aerial

19 reconnaissance program during fiscal year 1997 using the

20 SR–71 aircraft.
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1 TITLE XI—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF FORMER SOVIET

4 UNION

5 SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS.

7 (a) IN GENERAL.—For purposes of section 301 and

8 other provisions of this Act, Cooperative Threat Reduction

9 programs are the programs specified in subsection (b).

10 (b) SPECIFIED PROGRAMS.—The programs referred to

11 in subsection (a) are the following programs with respect

12 to states of the former Soviet Union:

13 (1) Programs to facilitate the elimination, and

14 the safe and secure transportation and storage, of nu15 clear, chemical, and other weapons and their delivery

16 vehicles.

17 (2) Programs to facilitate the safe and secure

18 storage of fissile materials derived from the elimi19 nation of nuclear weapons.

20 (3) Programs to prevent the proliferation of

21 weapons, weapons components, and weapons-related

22 technology and expertise.

23 (4) Programs to expand military-to-military

24 and defense contacts.
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1 SEC. 1102. FISCAL YEAR 1997 FUNDING ALLOCATIONS.

2 Of the amount appropriated pursuant to the author3 ization of appropriations in section 301 for Cooperative

4 Threat Reduction programs, not more than the following

5 amounts may be obligated for the purposes specified:

6 (1) For planning and design of a chemical weap7 ons destruction facility in Russia, $74,500,000.

8 (2) For elimination of strategic offensive weap9 ons in Russia, Ukraine, Belarus, and Kazakhstan,

10 $52,000,000.

11 (3) For nuclear infrastructure elimination in

12 Ukraine, Belarus, and Kazakhstan, $47,000,000.

13 (4) For planning and design of a storage facility

14 for Russian fissile material, $46,000,000.

15 (5) For fissile material containers in Russia,

16 $38,500,000.

17 (6) For weapons storage security in Russia,

18 $15,000,000.

19 (7) For activities designated as Defense and

20 Military-to-Military Contacts in Russia, Ukraine,

21 Belarus, and Kazakhstan, $10,000,000.

22 (8) For activities designated as Other Assess23 ments/Administrative Support $19,900,000.
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1 SEC. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED

2 PURPOSES.

3 None of the funds appropriated pursuant to the au4 thorization in section 301 for Cooperative Threat Reduction

5 programs, or appropriated for such programs for any prior

6 fiscal year and remaining available for obligation, may be

7 obligated or expended for any of the following purposes:

8 (1) Conducting with Russia any peacekeeping

9 exercise or other peacekeeping-related activity.

10 (2) Provision of housing.

11 (3) Provision of assistance to promote defense

12 conversion.

13 (4) Provision of assistance to promote environ14 mental restoration.

15 (5) Provision of assistance to promote job re16 training.

17 SEC. 1104. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED

18 REPORTS ARE SUBMITTED.

19 None of the funds appropriated pursuant to the au20 thorization in section 301 for Cooperative Threat Reduction

21 programs may be obligated or expended until 15 days after

22 the date which is the latest of the following:

23 (1) The date on which the President submits to

24 Congress the determinations required under subsection

25 (c) of section 211 of Public Law 102–228 (22 U.S.C.

26 2551 note) with respect to any certification transmit-
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1 ted to Congress under subsection (b) of that section be2 fore the date of the enactment of this Act.

3 (2) The date on which the Secretary of Defense

4 submits to Congress the first report under section

5 1206(a) of the National Defense Authorization Act for

6 Fiscal Year 1996 (Public Law 104–106; 110 Stat.

7 471).

8 (3) The date on which the Secretary of Defense

9 submits to Congress the report for fiscal year 1997 re10 quired under section 1205(c) of the National Defense

11 Authorization Act for Fiscal Year 1995 (Public Law

12 103–337; 108 Stat. 2883).

13 SEC. 1105. AVAILABILITY OF FUNDS.

14 Funds appropriated pursuant to the authorization of

15 appropriations in section 301 for Cooperative Threat Re16 duction programs shall be available for obligation for three

17 fiscal years.

18 TITLE XII—RESERVE FORCES

19 REVITALIZATION

20 SEC. 1201. SHORT TITLE.

21 This title may be cited as the ‘‘Reserve Forces Revital22 ization Act of 1996’’.

23 SEC. 1202. PURPOSE.

24 The purpose of this title is to revise the basic statutory

25 authorities governing the organization and administration
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1 of the reserve components of the Armed Forces in order to

2 recognize the realities of reserve component partnership in

3 the Total Force and to better prepare the American citizen4 soldier, sailor, airman, and Marine in time of peace for

5 duties in war.

6 Subtitle A—Reserve Component

7 Structure

8 SEC. 1211. RESERVE COMPONENT COMMANDS.

9 (a) ESTABLISHMENT.—(1) Part I of subtitle E of title

10 10, United States Code, is amended by inserting after chap11 ter 1005 the following new chapter:

12 ‘‘CHAPTER 1006—RESERVE COMPONENT

13 COMMANDS

‘‘Sec.

‘‘10171. Army Reserve Command.

‘‘10172. Naval Reserve Force.

‘‘10173. Marine Forces Reserve.

‘‘10174. Air Force Reserve Command.

14 ‘‘§ 10171. Army Reserve Command

15 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

16 of the Army, with the advice and assistance of the Chief

17 of Staff of the Army, shall establish a United States Army

18 Reserve Command. The Army Reserve Command shall be

19 operated as a separate command of the Army.

20 ‘‘(b) COMMANDER.—The Chief of Army Reserve is the

21 commander of the Army Reserve Command. The com-
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1 mander of the Army Reserve Command reports directly to

2 the Chief of Staff of the Army.

3 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

4 Army—

5 ‘‘(1) shall assign to the Army Reserve Command

6 all forces of the Army Reserve stationed in the con7 tinental United States other than forces assigned to

8 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 assigned to the Army Reserve Command under para16 graph (1) to the commanders of the combatant com17 mands in the manner specified by the Secretary of

18 Defense.

19 ‘‘§ 10172. Naval Reserve Force

20 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

21 of the Navy, with the advice and assistance of the Chief

22 of Naval Operations, shall establish a Naval Reserve Force.

23 The Naval Reserve Force shall be operated as a separate

24 command of the Navy.
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1 ‘‘(b) COMMANDER.—The Chief of Naval Reserve shall

2 be the commander of the Naval Reserve Force. The com3 mander of the Naval Reserve Force reports directly to the

4 Chief of Naval Operations.

5 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

6 Navy—

7 ‘‘(1) shall assign to the Naval Reserve Force

8 specified portions of the Naval Reserve other than

9 forces assigned to the unified combatant command for

10 special operations forces established pursuant to sec11 tion 167 of this title; and

12 ‘‘(2) except as otherwise directed by the Secretary

13 of Defense in the case of forces assigned to carry out

14 functions of the Secretary of the Navy specified in sec15 tion 5013 of this title, shall assign to the combatant

16 commands all such forces assigned to the Naval Re17 serve Force under paragraph (1) in the manner speci18 fied by the Secretary of Defense.

19 ‘‘§ 10173. Marine Forces Reserve

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

21 with the advice and assistance of the Commandant of the

22 Marine Corps, shall establish in the Marine Corps a com23 mand known as the Marine Forces Reserve.

24 ‘‘(b) COMMANDER.—The Marine Forces Reserve is

25 commanded by the Commander, Marine Forces Reserve.
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1 The Commander, Marine Forces Reserve, reports directly

2 to the Commandant of the Marine Corps.

3 ‘‘(c) ASSIGNMENT OF FORCES.—The Commandant of

4 the Marine Corps—

5 ‘‘(1) shall assign to the Marine Forces Reserve

6 the forces of the Marine Corps Reserve stationed in

7 the continental United States other than forces as8 signed to the unified combatant command for special

9 operations forces established pursuant to section 167

10 of 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 Navy specified in sec14 tion 5013 of this title, shall assign to the combatant

15 commands (through the Marine Corps component

16 commander for each such command) all such forces

17 assigned to the Marine Forces Reserve under para18 graph (1) in the manner specified by the Secretary of

19 Defense.

20 ‘‘§ 10174. Air Force Reserve Command

21 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary

22 of the Air Force, with the advice and assistance of the Chief

23 of Staff of the Air Force, shall establish an Air Force Re24 serve Command. The Air Force Reserve Command shall be

25 operated as a separate command of the Air Force.
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1 ‘‘(b) COMMANDER.—The Chief of Air Force Reserve is

2 the Commander of the Air Force Reserve Command. The

3 commander of the Air Force Reserve Command reports di4 rectly to the Chief of Staff of the Air Force.

5 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

6 Air Force—

7 ‘‘(1) shall assign to the Air Force Reserve Com8 mand all forces of the Air Force Reserve stationed in

9 the continental United States other than forces as10 signed to the unified combatant command for special

11 operations forces established pursuant to section 167

12 of this title; and

13 ‘‘(2) except as otherwise directed by the Secretary

14 of Defense in the case of forces assigned to carry out

15 functions of the Secretary of the Air Force specified

16 in section 8013 of this title, shall assign to the com17 batant commands all such forces assigned to the Air

18 Force Reserve Command under paragraph (1) in the

19 manner specified by the Secretary of Defense.’’.

20 (2) The tables of chapters at the beginning of part I

21 of such subtitle and at the beginning of such subtitle are

22 each amended by inserting after the item relating to chapter

23 1005 the following new item:

‘‘1006. Reserve Component Commands ..........................................10171’’.
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1 (b) CONFORMING REPEAL.—Section 903 of the Na2 tional Defense Authorization Act for Fiscal Year 1991 (10

3 U.S.C. 3074 note) is repealed.

4 (c) IMPLEMENTATION SCHEDULE.—Implementation of

5 chapter 1006 of title 10, United States Code, as added by

6 subsection (a), shall begin not later than 90 days after the

7 date of the enactment of this Act and shall be completed

8 not later than one year after such date.

9 SEC. 1212. RESERVE COMPONENT CHIEFS.

10 (a) CHIEF OF ARMY RESERVE.—Section 3038 of title

11 10, United States Code, is amended by adding at the end

12 the following new subsections:

13 ‘‘(d) BUDGET.—The Chief of Army Reserve is the offi14 cial within the executive part of the Department of the

15 Army who, subject to the authority, direction, and control

16 of the Secretary of the Army and the Chief of Staff, is re17 sponsible for justification and execution of the personnel,

18 operation and maintenance, and construction budgets for

19 the Army Reserve. As such, the Chief of Army Reserve is

20 the director and functional manager of appropriations

21 made for the Army Reserve in those areas.

22 ‘‘(e) FULL-TIME SUPPORT PROGRAM.—The Chief of

23 Army Reserve manages, with respect to the Army Reserve,

24 the personnel program of the Department of Defense known

25 as the Full Time Support Program.
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1 ‘‘(f) ANNUAL REPORT.—(1) The Chief of Army Reserve

2 shall submit to the Secretary of Defense, through the Sec3 retary of the Army, an annual report on the state of the

4 Army Reserve and the ability of the Army Reserve to meet

5 its missions. The report shall be prepared in conjunction

6 with the Chief of Staff of the Army and may be submitted

7 in classified and unclassified versions.

8 ‘‘(2) The Secretary of Defense shall transmit the an9 nual report of the Chief of Army Reserve under paragraph

10 (1) to Congress, together with such comments on the report

11 as the Secretary considers appropriate. The report shall be

12 transmitted at the same time each year that the annual

13 report of the Secretary under section 113 of this title is sub14 mitted to Congress.’’.

15 (b) CHIEF OF NAVAL RESERVE.—(1) Chapter 513 of

16 such title is amended by inserting after section 5142a the

17 following new section:

18 ‘‘§ 5143. Office of Naval Reserve: appointment of Chief

19 ‘‘(a) ESTABLISHMENT OF OFFICE: CHIEF OF NAVAL

20 RESERVE.—There is in the executive part of the Depart21 ment of the Navy, on the staff of the Chief of Naval Oper22 ations, an Office of the Naval Reserve, which is headed by

23 a Chief of Naval Reserve. The Chief of Naval Reserve—

24 ‘‘(1) is the principal adviser on Naval Reserve

25 matters to the Chief of Naval Operations; and
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1 ‘‘(2) is the commander of the Naval Reserve

2 Force.

3 ‘‘(b) APPOINTMENT.—The President, by and with the

4 advice and consent of the Senate, shall appoint the Chief

5 of Naval Reserve from officers who—

6 ‘‘(1) have had at least 10 years of commissioned

7 service;

8 ‘‘(2) are in a grade above captain; and

9 ‘‘(3) have been recommended by the Secretary of

10 the Navy.

11 ‘‘(c) GRADE.—(1) The Chief of Naval Reserve holds of12 fice for a term determined by the Chief of Naval Operations,

13 normally four years, but may be removed for cause at any

14 time. He is eligible to succeed himself.

15 ‘‘(2) The Chief of Naval Reserve, while so serving, has

16 a grade above rear admiral (lower half), without vacating

17 the officer’s permanent grade.

18 ‘‘(d) BUDGET.—The Chief of Naval Reserve is the offi19 cial within the executive part of the Department of the Navy

20 who, subject to the authority, direction, and control of the

21 Secretary of the Navy and the Chief of Naval Operations,

22 is responsible for preparation, justification, and execution

23 of the personnel, operation and maintenance, and construc24 tion budgets for the Naval Reserve. As such, the Chief of
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1 Naval Reserve is the director and functional manager of

2 appropriations made for the Naval Reserve in those areas.

3 ‘‘(e) ANNUAL REPORT.—(1) The Chief of Naval Re4 serve shall submit to the Secretary of Defense, through the

5 Secretary of the Navy, an annual report on the state of the

6 Naval Reserve and the ability of the Naval Reserve to meet

7 its missions. The report shall be prepared in conjunction

8 with the Chief of Naval Operations and may be submitted

9 in classified and unclassified versions.

10 ‘‘(2) The Secretary of Defense shall transmit the an11 nual report of the Chief of Naval Reserve under paragraph

12 (1) to Congress, together with such comments on the report

13 as the Secretary considers appropriate. The report shall be

14 transmitted at the same time each year that the annual

15 report of the Secretary under section 113 of this title is sub16 mitted to Congress.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by inserting after the item relating to section

19 5142a the following new item:

‘‘5143. Office of Naval Reserve: appointment of Chief.’’.

20 (c) CHIEF OF MARINE FORCES RESERVE.—(1) Chap21 ter 513 of such title is amended by inserting after section

22 5143 (as added by subsection (b)) the following new section:
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1 ‘‘§ 5144. Office of Marine Forces Reserve: appointment

2 of Commander

3 ‘‘(a) ESTABLISHMENT OF OFFICE; COMMANDER, MA4 RINE FORCES RESERVE.—There is in the executive part of

5 the Department of the Navy an Office of the Marine Forces

6 Reserve, which is headed by the Commander, Marine Forces

7 Reserve. The Commander, Marine Forces Reserve is the

8 principal adviser to the Commandant on Marine Forces Re9 serve matters.

10 ‘‘(b) APPOINTMENT.—The President, by and with the

11 advice and consent of the Senate, shall appoint the Com12 mander, Marine Forces Reserve, from officers of the Marine

13 Corps who—

14 ‘‘(1) have had at least 10 years of commissioned

15 service;

16 ‘‘(2) are in a grade above colonel; and

17 ‘‘(3) have been recommended by the Secretary of

18 the Navy.

19 ‘‘(c) TERM OF OFFICE; GRADE.—(1) The Commander,

20 Marine Forces Reserve, holds office for a term determined

21 by the Commandant of the Marine Corps, normally four

22 years, but may be removed for cause at any time. He is

23 eligible to succeed himself.

24 ‘‘(2) The Commander, Marine Forces Reserve, while so

25 serving, has a grade above brigadier general, without

26 vacating the officer’s permanent grade.
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1 ‘‘(d) ANNUAL REPORT.—(1) The Commander, Marine

2 Forces Reserve, shall submit to the Secretary of Defense,

3 through the Secretary of the Navy, an annual report on the

4 state of the Marine Corps Reserve and the ability of the

5 Marine Corps Reserve to meet its missions. The report shall

6 be prepared in conjunction with the Commandant of the

7 Marine Corps and may be submitted in classified and un8 classified versions.

9 ‘‘(2) The Secretary of Defense shall transmit the an10 nual report of the Commander, Marine Forces Reserve,

11 under paragraph (1) to Congress, together with such com12 ments on the report as the Secretary considers appropriate.

13 The report shall be transmitted at the same time each year

14 that the annual report of the Secretary under section 113

15 of this title is submitted to Congress.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by inserting after the item relating to section

18 5143 (as added by subsection (b)) the following new item:

‘‘5144. Office of Marine Forces Reserve: appointment of Commander.’’.

19 (d) CHIEF OF AIR FORCE RESERVE.—Section 8038 of

20 such title is amended by adding at the end the following

21 new subsections:

22 ‘‘(d) BUDGET.—The Chief of Air Force Reserve is the

23 official within the executive part of the Department of the

24 Air Force who, subject to the authority, direction, and con25 trol of the Secretary of the Air Force and the Chief of Staff,
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1 is responsible for preparation, justification, and execution

2 of the personnel, operation and maintenance, and construc3 tion budgets for the Air Force Reserve. As such, the Chief

4 of Air Force Reserve is the director and functional manager

5 of appropriations made for the Air Force Reserve in those

6 areas.

7 ‘‘(e) FULL TIME SUPPORT PROGRAM.—(1) The Chief

8 of Air Force Reserve manages, with respect to the Air Force

9 Reserve, the personnel program of the Department of De10 fense known as the Full Time Support Program.

11 ‘‘(f) ANNUAL REPORT.—(1) The Chief of Air Force Re12 serve shall submit to the Secretary of Defense, through the

13 Secretary of the Air Force, an annual report on the state

14 of the Air Force Reserve and the ability of the Air Force

15 Reserve to meet its missions. The report shall be prepared

16 in conjunction with the Chief of Staff of the Air Force and

17 may be submitted in classified and unclassified versions.

18 ‘‘(2) The Secretary of Defense shall transmit the an19 nual report of the Chief of Air Force Reserve under para20 graph (1) to Congress, together with such comments on the

21 report as the Secretary considers appropriate. The report

22 shall be transmitted at the same time each year that the

23 annual report of the Secretary under section 113 of this

24 title is submitted to Congress.’’.
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1 (e) CONFORMING AMENDMENT.—Section 641(1)(B) of

2 such title is amended by inserting ‘‘5143, 5144,’’ after

3 ‘‘3038,’’.

4 SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GEN5 ERAL AND FLAG OFFICER AUTHORIZATIONS.

6 (a) REPORT TO CONGRESS.—Not later than six

7 months after the date of the enactment of this Act, the Sec8 retary of Defense shall submit to Congress a report contain9 ing any recommendations of the Secretary (together with

10 the rationale of the Secretary for the recommendations) con11 cerning the following:

12 (1) Revision of the limitations on general and

13 flag officer grade authorizations and distribution in

14 grade prescribed by sections 525, 526, and 12004 of

15 title 10, United States Code.

16 (2) Statutory designation of the positions and

17 grades of any additional general and flag officers in

18 the commands and offices created by sections 1211

19 and 1212.

20 (b) MATTERS TO BE INCLUDED.—The Secretary shall

21 include in the report under subsection (a) the Secretary’s

22 views on whether current limitations referred to in sub23 section (a)—

24 (1) permit the Secretaries of the military depart25 ments, in view of increased requirements for assign-
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1 ment of general and flag officers in positions external

2 to their organic services, to meet adequately both in3 ternal and external requirements for general and flag

4 officers;

5 (2) adequately recognize the significantly in6 creased role of the reserve components in both service7 specific and joint operations; and

8 (3) permit the Secretaries of the military depart9 ments and reserve components to assign general and

10 flag officers to active and reserve component positions

11 with grades commensurate with the scope of duties

12 and responsibilities of the position.

13 (c) EXEMPTIONS FROM ACTIVE-DUTY CEILINGS.—(1)

14 The Secretary shall include in the report under subsection

15 (a) the Secretary’s recommendations regarding the merits

16 of exempting from any active-duty ceiling (established by

17 law or administrative action) the following officers:

18 (A) Reserve general and flag officers assigned to

19 positions specified in the organizations created by this

20 title.

21 (B) Reserve general and flag officers serving on

22 active duty, but who are excluded from the active23 duty list.

24 (2) If the Secretary determines under paragraph (1)

25 that any Reserve general or flag officers should be exempt
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1 from active duty limits, the Secretary shall include in the

2 report under subsection (a) the Secretary’s recommenda3 tions for—

4 (A) the effective management of those Reserve

5 general and flag officers; and

6 (B) revision of active duty ceilings so as to pre7 vent an increase in the numbers of active general and

8 flag officers authorizations due solely to the removal

9 of Reserve general and flag officers from under the ac10 tive duty authorizations.

11 (3) If the Secretary determines under paragraph (1)

12 that active and reserve general officers on active duty should

13 continue to be managed under a common ceiling, the Sec14 retary shall make recommendations for the appropriate ap15 portionment of numbers for general and flag officers among

16 active and reserve officers.

17 (d) RESERVE FORCES POLICY BOARD PARTICIPA18 TION.—The Secretary of Defense shall ensure that the Re19 serve Forces Policy Board participates in the internal De20 partment of Defense process for development of the rec21 ommendations of the Secretary contained in the report

22 under subsection (a). If the Board submits to the Secretary

23 any comments or recommendations for inclusion in the re24 port, the Secretary shall transmit them to Congress, with
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1 the report, in the same form as that in which they were

2 submitted to the Secretary.

3 (e) GAO REVIEW.—The Comptroller General of the

4 United States shall assess the criteria used by the Secretary

5 of Defense to develop recommendations for purposes of the

6 report under this section and shall submit to Congress, not

7 later than 30 days after the date on which the report of

8 the Secretary under this section is submitted, a report set9 ting forth the Comptroller General’s conclusions concerning

10 the adequacy and completeness of the recommendations

11 made by the Secretary in the report.

12 SEC. 1214. GUARD AND RESERVE TECHNICIANS.

13 (a) IN GENERAL.—Section 10216 of title 10, United

14 States Code, as amended by section 413, is amended—

15 (1) by redesignating subsections (a), (b), and (c)

16 as subsections (b), (c), and (d), respectively;

17 (2) by inserting after the section heading the fol18 lowing new subsection (a):

19 ‘‘(a) IN GENERAL.—Military technicians are Federal

20 civilian employees hired under title 5 and title 32 who are

21 required to maintain dual-status as drilling reserve compo22 nent members as a condition of their Federal civilian em23 ployment. Such employees shall be authorized and ac24 counted for as a separate category of dual-status civilian

25 employees, exempt as specified in subsection (b)(3) from
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1 any general or regulatory requirement for adjustments in

2 Department of Defense civilian personnel.’’; and

3 (3) in paragraph (3) of subsection (b), as redes4 ignated by paragraph (1), by striking out ‘‘in high5 priority units and organizations specified in para6 graph (1)’’.

7 Subtitle B—Reserve Component

8 Accessibility

9 SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IM10 PROVE NATIONAL GUARD AND RESERVE

11 ABILITY TO RESPOND TO EMERGENCIES.

12 (a) REPORT.—Not later than six months after the date

13 of the enactment of this Act, the Secretary of Defense shall

14 submit to Congress a report regarding reserve component

15 responsiveness to both domestic emergencies and national

16 contingency operations. The report shall set forth the meas17 ures taken, underway, and projected to be taken to improve

18 the timeliness, adequacy, and effectiveness of reserve compo19 nent responses to such emergencies and operations.

20 (b) MATTERS RELATED TO RESPONSIVENESS TO DO21 MESTIC EMERGENCIES.—The report shall address the fol22 lowing:

23 (1) The need to expand the time period set by

24 section 12301(b) of title 10, United States Code,

25 which permits the involuntary recall at any time to
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1 active duty of units and individuals for up to 15

2 days per year.

3 (2) The recommendations of the 1995 report of

4 the RAND Corporation entitled ‘‘Assessing the State

5 and Federal Missions of the National Guard’’, as fol6 lows:

7 (A) That Federal law be clarified and

8 amended to authorize Presidential use of the

9 Federal reserves of all military services for do10 mestic emergencies and disasters without any

11 time constraint.

12 (B) That the Secretary of Defense develop

13 and support establishment of an appropriate na14 tional level compact for interstate sharing of re15 sources, including the domestic capabilities of the

16 national guards of the States, during emer17 gencies and disasters.

18 (C) That Federal level contingency stocks be

19 created to support the National Guard in domes20 tic disasters.

21 (D) That Federal funding and regulatory

22 support be provided for Federal-State disaster

23 emergency response planning exercises.

24 (c) MATTERS RELATED TO PRESIDENTIAL RESERVE

25 CALL-UP AUTHORITY.—The report under this section shall
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1 specifically address matters related to the authority of the

2 President to activate for service on active duty units and

3 members of reserve components under sections 12301,

4 12302, and 12304 of title 10, United States Code, includ5 ing—

6 (1) whether such authority is adequate to meet

7 the full range of reserve component missions for the

8 21st century, particularly with regard to the time pe9 riods for which such units and members may be on

10 active duty under those authorities and the ability to

11 activate both units and individual members; and

12 (2) whether the three-tiered set of statutory au13 thorities (under such sections 12301, 12302, and

14 12304) should be consolidated, modified, or in part

15 eliminated in order to facilitate current and future

16 use of Reserve units and individual reserve compo17 nent members for a broader range of missions, and,

18 if so, in what manner.

19 (d) MATTERS RELATED TO RELEASE FROM ACTIVE

20 DUTY.—The report under this section shall include findings

21 and recommendations (based upon a review of current poli22 cies and procedures) concerning procedures for release from

23 active duty of units and members of reserve components who

24 have been involuntarily called or ordered to active duty

25 under section 12301, 12302, or 12304 of title 10, United
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1 States Code, with specific recommendations concerning the

2 desirability of statutory provisions to—

3 (1) establish specific guidelines for when it is ap4 propriate (or inappropriate) to retain on active duty

5 such reserve component units when active component

6 units are available to perform the mission being per7 formed by the reserve component unit;

8 (2) minimize the effects of frequent mobilization

9 of the civilian employers, as well as the effects of fre10 quent mobilization on recruiting and retention in the

11 reserve components; and

12 (3) address other matters relating to the needs of

13 such members of reserve components, their employers,

14 and (in the case of such members who own businesses)

15 their employees, while such members are on active

16 duty.

17 (e) RESERVE FORCES POLICY BOARD PARTICIPA18 TION.—The Secretary of Defense shall ensure that the Re19 serve Forces Policy Board participates in the internal De20 partment of Defense process for development of the rec21 ommendations of the Secretary contained in the report

22 under subsection (a). If the Board submits to the Secretary

23 any comments or recommendations for inclusion in the re24 port, the Secretary shall transmit them to Congress, with
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1 the report, in the same form as that in which they were

2 submitted to the Secretary.

3 (f) GAO REVIEW.—The Comptroller General of the

4 United States shall assess the criteria used by the Secretary

5 of Defense to develop recommendations for purposes of the

6 report under this section and shall submit to Congress, not

7 later than 30 days after the date on which the report of

8 the Secretary under this section is submitted, a report set9 ting forth the Comptroller General’s conclusions concerning

10 the adequacy and completeness of the recommendations

11 made by the Secretary in the report.

12 SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCEN13 TIVES FOR EMPLOYERS OF MEMBERS OF RE14 SERVE COMPONENTS.

15 Not later than 180 days after the date of the enactment

16 of this Act, the Secretary of Defense shall submit to Congress

17 a report setting forth a draft of legislation to provide tax

18 incentives to employers of members of reserve components

19 in order to compensate employers for absences of those em20 ployees due to required training and for absences due to

21 performance of active duty.
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1 SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME

2 INSURANCE PROGRAM FOR ACTIVATED RE3 SERVISTS.

4 Not later than 180 days after the date of the enactment

5 of this Act, the Secretary of Defense shall submit to Congress

6 a report setting forth legislative recommendations for

7 changes to chapter 1214 of title 10, United States Code.

8 Such recommendations shall in particular provide, in the

9 case of a mobilized member who owns a business, income

10 replacement for that business and for employees of that

11 member or business who have a loss of income during the

12 period of such activation attributable to the activation of

13 the member.

14 SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL

15 BUSINESS LOANS FOR MEMBERS RELEASED

16 FROM RESERVE SERVICE DURING CONTIN17 GENCY OPERATIONS.

18 Not later than 180 days after the date of the enactment

19 of this Act, the Secretary of Defense shall submit to Congress

20 a report setting forth a draft of legislation to establish a

21 small business loan program to provide members of reserve

22 components who are ordered to active duty or active Federal

23 service (other than for training) during a contingency oper24 ation (as defined in section 101 of title 10, United States

25 Code) low-cost loans to assist those members in retaining
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1 or rebuilding businesses that were affected by their service

2 on active duty or in active Federal service.

3 Subtitle C—Reserve Forces

4 Sustainment

5 SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF

6 NONREIMBURSABLE EXPENSES.

7 Not later than 180 days after the date of the enactment

8 of this Act, the Secretary of Defense shall submit to Congress

9 a report setting forth a draft of legislation to restore the

10 tax deductibility of nonreimbursable expenses incurred by

11 members of reserve components in connection with military

12 service.

13 SEC. 1252. CODIFICATION OF ANNUAL AUTHORITY TO PAY

14 TRANSIENT HOUSING CHARGES OR PROVIDE

15 LODGING IN KIND FOR MEMBERS PERFORM16 ING ACTIVE DUTY FOR TRAINING OR INAC17 TIVE-DUTY TRAINING.

18 (a) CODIFICATION.—Section 404(j) of title 37, United

19 States Code, is amended—

20 (1) in paragraph (1)—

21 (A) by striking out ‘‘annual training duty’’

22 and inserting in lieu thereof ‘‘active duty for

23 training’’; and

24 (B) by striking out ‘‘the Secretary con25 cerned may’’ and all that follows through the pe-
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1 riod and inserting in lieu thereof the following

2 ‘‘the Secretary concerned—

3 ‘‘(A) may reimburse the member for housing

4 service charge expenses incurred by the member in oc5 cupying transient government housing during the

6 performance of such duty; or

7 ‘‘(B) if transient government quarters are un8 available, may provide the member with contract

9 quarters as lodging in kind as if the member were en10 titled to such an allowance under subsection (a).’’;

11 and

12 (2) in paragraph (3), by inserting ‘‘and expenses

13 for contract quarters’’ after ‘‘service charge expenses’’.

14 (b) CONFORMING REPEAL.—Section 8057 of the De15 partment of Defense Appropriations Act, 1996 (Public Law

16 104–61; 109 Stat. 663), is repealed.

17 SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS

18 ALLOWANCE DURING SERVICE ON ACTIVE

19 DUTY FOR TRAINING.

20 It is the sense of Congress that the United States should

21 continue to pay members of reserve components appropriate

22 quarters allowances during periods of service on active duty

23 for training.
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1 SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY

2 LEAVE POLICY.

3 It is the sense of Congress that military leave policies

4 in effect as of the date of the enactment of this Act with

5 respect to members of the reserve components should not be

6 changed.

7 SEC. 1255. COMMENDATION OF RESERVE FORCES POLICY

8 BOARD.

9 (a) COMMENDATION.—The Congress commends the Re10 serve Forces Policy Board, created by the Armed Forces Re11 serve Act of 1952 (Public Law 82–476), for its fine work

12 in the past as an independent source of advice to the Sec13 retary of Defense on all matters pertaining to the reserve

14 components.

15 (b) SENSE OF CONGRESS.—It is the sense of Congress

16 that the Reserve Forces Policy Board and the reserve forces

17 policy committees for the individual branches of the Armed

18 Forces should continue to perform the vital role of providing

19 the civilian leadership of the Department of Defense with

20 independent advice on matters pertaining to the reserve

21 components.

22 SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE

23 DUTY SERVICE AND RESERVE SERVICE.

24 No later than six months after the date of the enact25 ment of this Act, the Secretary of Defense shall submit to

26 Congress a report providing recommendations for changes
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1 in law that the Secretary considers necessary, feasible, and

2 affordable to reduce the disparities in pay and benefits that

3 occur between active component members of the Armed

4 Forces and reserve component members as a result of eligi5 bility based on length of time on active duty.

6 TITLE XIII—ARMS CONTROL AND

7 RELATED MATTERS

8 Subtitle A—Miscellaneous Matters

9 SEC. 1301. ONE-YEAR EXTENSION OF COUNTER10 PROLIFERATION AUTHORITIES.

11 Section 1505 of the Weapons of Mass Destruction Con12 trol Act of 1992 (title XV of Public Law 102–484; 22 U.S.C.

13 5859a) is amended—

14 (1) in subsection (d)(3), by striking out ‘‘or’’

15 after ‘‘fiscal year 1995,’’ and by inserting ‘‘, or

16 $15,000,000 for fiscal year 1997’’ before the period at

17 the end; and

18 (2) in subsection (f), by striking out ‘‘1996’’ and

19 inserting in lieu thereof ‘‘1997’’.

20 SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLE21 MENT OF STRATEGIC NUCLEAR DELIVERY

22 SYSTEMS.

23 (a) LIMITATION ON USE OF FUNDS.—Funds available

24 to the Department of Defense may not be obligated or ex25 pended during fiscal year 1997 for retiring or dismantling,
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1 or for preparing to retire or dismantle, any of the strategic

2 nuclear delivery systems specified in subsection (b).

3 (b) SPECIFIED SYSTEMS.—Subsection (a) applies with

4 respect to the following systems:

5 (1) B–52H bomber aircraft.

6 (2) Trident ballistic missile submarines.

7 (3) Minuteman III intercontinental ballistic

8 missiles.

9 (4) Peacekeeper intercontinental ballistic mis10 siles.

11 SEC. 1303. CERTIFICATION REQUIRED BEFORE OBSERV12 ANCE OF MORATORIUM ON USE BY ARMED

13 FORCES OF ANTIPERSONNEL LANDMINES.

14 Any moratorium imposed by law (whether enacted be15 fore, on, or after the date of the enactment of this Act) on

16 the use of antipersonnel landmines by the Armed Forces

17 may be implemented only if (and after) the Secretary of

18 Defense, after consultation with the Chairman of the Joint

19 Chiefs of Staff, certifies to Congress that—

20 (1) the moratorium will not adversely affect the

21 ability of United States forces to defend against at22 tack on land by hostile forces; and

23 (2) the Armed Forces have systems that are effec24 tive substitutes for antipersonnel landmines.
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1 SEC. 1304. DEPARTMENT OF DEFENSE DEMINING PROGRAM.

2 Section 401(c) of title 10, United States Code, is

3 amended—

4 (1) by redesignating paragraph (2) as para5 graph (3); and

6 (2) by inserting after paragraph (1) the follow7 ing new paragraph (2):

8 ‘‘(2) In the case of assistance described in subsection

9 (e)(5), expenses that may be paid out of funds appropriated

10 pursuant to paragraph (1) include—

11 ‘‘(A) expenses for travel, transportation, and sub12 sistence of members of the armed forces participating

13 in activities described in that subsection; and

14 ‘‘(B) the cost of equipment, supplies, and services

15 acquired for the purpose of carrying out or directly

16 supporting activities described in that subsection.’’.

17 SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEO18 PLE’S REPUBLIC OF CHINA.

19 (a) REPORT.—The Secretary of Defense shall prepare

20 a report, in both classified and unclassified form, on the

21 future pattern of military modernization of the People’s Re22 public of China. The report shall address both the probable

23 course of military-technological development in the People’s

24 Liberation Army and the development of Chinese military

25 strategy and operational concepts.
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1 (b) MATTERS TO BE INCLUDED.—The report shall in2 clude analyses and forecasts of the following:

3 (1) Trends that would lead the People’s Republic

4 of China toward the development of advanced intel5 ligence, surveillance, and reconnaissance capabilities,

6 including gaining access to commercial or third-party

7 systems with military significance.

8 (2) Efforts by the People’s Republic of China to

9 develop highly accurate and stealthy ballistic and

10 cruise missiles, particularly in numbers sufficient to

11 conduct attacks capable of overwhelming projected de12 fense capabilities in the region.

13 (3) Development by the People’s Republic of

14 China of command and control networks, particularly

15 those capable of battle management of long-range pre16 cision strikes.

17 (4) Programs of the People’s Republic of China

18 involving unmanned aerial vehicles, particularly

19 those with extended ranges or loitering times.

20 (5) Exploitation by the People’s Republic of

21 China of the Global Positioning System or other simi22 lar systems for military purposes, including commer23 cial land surveillance satellites, particularly those

24 signs indicative of an attempt to increase accuracy of

25 weapons or situational awareness of operating forces.
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1 (6) Development by the People’s Republic of

2 China of capabilities for denial of sea control, such as

3 advanced sea mines or improved submarine capabili4 ties.

5 (7) Continued development by the People’s Re6 public of China of follow-on forces, particularly those

7 capable of rapid air or amphibious assault.

8 (c) SUBMISSION OF REPORT.—The report shall be sub9 mitted to Congress not later than February 1, 1997.

10 SEC. 1306. UNITED STATES-PEOPLE’S REPUBLIC OF CHINA

11 JOINT DEFENSE CONVERSION COMMISSION.

12 None of the funds appropriated or otherwise available

13 for the Department of Defense for fiscal year 1997 or any

14 prior fiscal year may be obligated or expended for any ac15 tivity associated with the United States-People’s Republic

16 of China Joint Defense Conversion Commission until 15

17 days after the date on which the first semiannual report

18 required by section 1343 of the National Defense Authoriza19 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

20 Stat. 487) is received by Congress.

21 SEC. 1307. AUTHORITY TO ACCEPT SERVICES FROM FOR22 EIGN GOVERNMENTS AND INTERNATIONAL

23 ORGANIZATIONS FOR DEFENSE PURPOSES.

24 Section 2608(a) of title 10, United States Code, is

25 amended by inserting before the period at the end the follow-
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1 ing: ‘‘and may accept from any foreign government or

2 international organization any contribution of services

3 made by such foreign government or international organi4 zation for use by the Department of Defense’’.

5 SEC. 1308. REVIEW BY DIRECTOR OF CENTRAL INTEL6 LIGENCE OF NATIONAL INTELLIGENCE ESTI7 MATE 95–19

8 (a) REVIEW.—The Director of Central Intelligence

9 shall conduct a review of the underlying assumptions and

10 conclusions of the National Intelligence Estimate designated

11 as NIE 95–19 and entitled ‘‘Emerging Missile Threats to

12 North America During the Next 15 Years’’, released by the

13 Director in November 1995.

14 (b) METHODOLOGY FOR REVIEW.—The Director shall

15 carry out the review under subsection (a) through a panel

16 of independent, nongovernmental individuals with appro17 priate expertise and experience. Such a panel shall be con18 vened by the Director not later than 45 days after the date

19 of the enactment of this Act.

20 (c) REPORT.—The Director shall submit the findings

21 resulting from the review under subsection (a), together with

22 any comments of the Director on the review and the find23 ings, to Congress not later than three months after the ap24 pointment of the Commission under section 1321.
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1 Subtitle B—Commission to Assess

2 the Ballistic Missile Threat to

3 the United States

4 SEC. 1321. ESTABLISHMENT OF COMMISSION.

5 (a) ESTABLISHMENT.—There is hereby established a

6 commission to be known as the ‘‘Commission to Assess the

7 Ballistic Missile Threat to the United States’’ (hereinafter

8 in this subtitle referred to as the ‘‘Commission’’).

9 (b) COMPOSITION.—The Commission shall be composed

10 of nine members appointed by the Director of Central Intel11 ligence. In selecting individuals for appointment to the

12 Commission, the Director should consult with—

13 (1) the Speaker of the House of Representatives

14 concerning the appointment of three of the members

15 of the Commission;

16 (2) the majority leader of the Senate concerning

17 the appointment of three of the members of the Com18 mission; and

19 (3) minority leader of the House of Representa20 tives and the minority leader of the Senate concerning

21 the appointment of three of the members of the Com22 mission.

23 (c) QUALIFICATIONS.—Members of the Commission

24 shall be appointed from among private United States citi25 zens with knowledge and expertise in the political and mili-
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1 tary aspects of proliferation of ballistic missiles and the bal2 listic missile threat to the United States.

3 (d) CHAIRMAN.—The Speaker of the House of Rep4 resentatives, after consultation with the majority leader of

5 the Senate and the minority leaders of the House of Rep6 resentatives and the Senate, shall designate one of the mem7 bers of the Commission to serve as chairman of the Commis8 sion.

9 (e) PERIOD OF APPOINTMENT; VACANCIES.—Members

10 shall be appointed for the life of the Commission. Any va11 cancy in the Commission shall be filled in the same manner

12 as the original appointment.

13 (f) SECURITY CLEARANCES.—All members of the Com14 mission shall hold appropriate security clearances.

15 (g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

16 appointments to the Commission shall be made not later

17 than 45 days after the date of the enactment of this Act.

18 (2) The Commission shall convene its first meeting not

19 later than 30 days after the date as of which all members

20 of the Commission have been appointed, but not earlier than

21 October 15, 1996.

22 SEC. 1322. DUTIES OF COMMISSION.

23 (a) REVIEW OF BALLISTIC MISSILE THREAT.—The

24 Commission shall assess the nature and magnitude of the
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1 existing and emerging ballistic missile threat to the United

2 States.

3 (b) COOPERATION FROM GOVERNMENT OFFICIALS.—

4 In carrying out its duties, the Commission should receive

5 the full and timely cooperation of the Secretary of Defense,

6 the Director of Central Intelligence, and any other United

7 States Government official responsible for providing the

8 Commission with analyses, briefings, and other information

9 necessary for the fulfillment of its responsibilities.

10 SEC. 1323. REPORT.

11 The Commission shall, not later than six months after

12 the date of its first meeting, submit to the Congress a report

13 on its findings and conclusions.

14 SEC. 1324. POWERS.

15 (a) HEARINGS.—The Commission or, at its direction,

16 any panel or member of the Commission, may, for the pur17 pose of carrying out the provisions of this subtitle, hold

18 hearings, sit and act at times and places, take testimony,

19 receive evidence, and administer oaths to the extent that the

20 Commission or any panel or member considers advisable.

21 (b) INFORMATION.—The Commission may secure di22 rectly from the Department of Defense, the Central Intel23 ligence Agency, and any other Federal department or agen24 cy information that the Commission considers necessary to
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1 enable the Commission to carry out its responsibilities

2 under this subtitle.

3 SEC. 1325. COMMISSION PROCEDURES.

4 (a) MEETINGS.—The Commission shall meet at the

5 call of the Chairman.

6 (b) QUORUM.—(1) Five members of the Commission

7 shall constitute a quorum other than for the purpose of hold8 ing hearings.

9 (2) The Commission shall act by resolution agreed to

10 by a majority of the members of the Commission.

11 (c) COMMISSION.—The Commission may establish

12 panels composed of less than full membership of the Com13 mission for the purpose of carrying out the Commission’s

14 duties. The actions of each such panel shall be subject to

15 the review and control of the Commission. Any findings and

16 determinations made by such a panel shall not be consid17 ered the findings and determinations of the Commission un18 less approved by the Commission.

19 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS20 SION.—Any member or agent of the Commission may, if

21 authorized by the Commission, take any action which the

22 Commission is authorized to take under this subtitle.
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1 SEC. 1326. PERSONNEL MATTERS.

2 (a) PAY OF MEMBERS.—Members of the Commission

3 shall serve without pay by reason of their work on the Com4 mission.

5 (b) TRAVEL EXPENSES.—The members of the Commis6 sion shall be allowed travel expenses, including per diem

7 in lieu of subsistence, at rates authorized for employees of

8 agencies under subchapter I of chapter 57 of title 5, United

9 States Code, while away from their homes or regular places

10 of business in the performance of services for the Commis11 sion.

12 (c) STAFF.—(1) The chairman of the Commission

13 may, without regard to the provisions of title 5, United

14 States Code, governing appointments in the competitive

15 service, appoint a staff director and such additional person16 nel as may be necessary to enable the Commission to per17 form its duties. The appointment of a staff director shall

18 be subject to the approval of the Commission.

19 (2) The chairman of the Commission may fix the pay

20 of the staff director and other personnel without regard to

21 the provisions of chapter 51 and subchapter III of chapter

22 53 of title 5, United States Code, relating to classification

23 of positions and General Schedule pay rates, except that

24 the rate of pay fixed under this paragraph for the staff di25 rector may not exceed the rate payable for level V of the

26 Executive Schedule under section 5316 of such title and the
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1 rate of pay for other personnel may not exceed the maxi2 mum rate payable for grade GS–15 of the General Schedule.

3 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re4 quest of the chairman of the Commission, the head of any

5 Federal department or agency may detail, on a non6 reimbursable basis, any personnel of that department or

7 agency to the Commission to assist it in carrying out its

8 duties.

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The chairman of the Commission may

11 procure temporary and intermittent services under section

12 3109(b) of title 5, United States Code, at rates for individ13 uals which do not exceed the daily equivalent of the annual

14 rate of basic pay payable for level V of the Executive Sched15 ule under section 5316 of such title.

16 SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

17 (a) POSTAL AND PRINTING SERVICES.—The Commis18 sion may use the United States mails and obtain printing

19 and binding services in the same manner and under the

20 same conditions as other departments and agencies of the

21 Federal Government.

22 (b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT

23 SERVICES.—The Director of Central Intelligence shall fur24 nish the Commission, on a reimbursable basis, any admin25 istrative and support services requested by the Commission.
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1 SEC. 1328. FUNDING.

2 Funds for activities of the Commission shall be pro3 vided from amounts appropriated for the Department of

4 Defense for operation and maintenance for Defense-wide ac5 tivities for fiscal year 1997. Upon receipt of a written cer6 tification from the Chairman of the Commission specifying

7 the funds required for the activities of the Commission, the

8 Secretary of Defense shall promptly disburse to the Commis9 sion, from such amounts, the funds required by the Commis10 sion as stated in such certification.

11 SEC. 1329. TERMINATION OF THE COMMISSION.

12 The Commission shall terminate 60 days after the date

13 of the submission of its report.

14 TITLE XIV—SIKES ACT

15 IMPROVEMENT

16 SEC. 1401. SHORT TITLE.

17 This title may be cited as the ‘‘Sikes Act Improvement

18 Amendments of 1996’’.

19 SEC. 1402. DEFINITION OF SIKES ACT FOR PURPOSES OF

20 AMENDMENTS.

21 In this title, the term ‘‘Sikes Act’’ means the Act enti22 tled ‘‘An Act to promote effectual planning, development,

23 maintenance, and coordination of wildlife, fish, and game

24 conservation and rehabilitation in military reservations’’,

25 approved September 15, 1960 (16 U.S.C. 670a et seq.), com26 monly referred to as the ‘‘Sikes Act’’.
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1 SEC. 1403. CODIFICATION OF SHORT TITLE OF ACT.

2 The Sikes Act (16 U.S.C. 670a et seq.) is amended by

3 inserting before title I the following new section:

4 ‘‘SECTION 1. SHORT TITLE.

5 ‘‘This Act may be cited as the ‘Sikes Act’.’’.

6 SEC. 1404. INTEGRATED NATURAL RESOURCE MANAGE7 MENT PLANS.

8 (a) PLANS REQUIRED.—Section 101(a) of the Sikes

9 Act (16 U.S.C. 670a(a)) is amended—

10 (1) by striking out ‘‘is authorized to’’ and insert11 ing in lieu thereof ‘‘shall’’;

12 (2) by striking out ‘‘in each military reservation

13 in accordance with a cooperative plan’’ and inserting

14 in lieu thereof the following: ‘‘on military installa15 tions. Under the program, the Secretary shall prepare

16 and implement for each military installation in the

17 United States an integrated natural resource manage18 ment plan’’;

19 (3) by inserting after ‘‘reservation is located’’ the

20 following: ‘‘, except that the Secretary is not required

21 to prepare such a plan for a military installation if

22 the Secretary determines that preparation of such a

23 plan for the installation is not appropriate’’; and

24 (4) by inserting ‘‘(1)’’ after ‘‘(a)’’ and adding at

25 the end the following new paragraph:
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1 ‘‘(2) Consistent with essential military requirements

2 to enhance the national security of the United States, the

3 Secretary of Defense shall manage each military installa4 tion to provide—

5 ‘‘(A) for the conservation of fish and wildlife on

6 the military installation and sustained multipurpose

7 uses of those resources, including hunting, fishing,

8 and trapping; and

9 ‘‘(B) public access that is necessary or appro10 priate for those uses.’’.

11 (b) CONFORMING AMENDMENTS.—Title I of the Sikes

12 Act is amended—

13 (1) in section 101(b) (16 U.S.C. 670a(b)), in the

14 matter preceding paragraph (1) by striking out ‘‘co15 operative plan’’ and inserting in lieu thereof ‘‘inte16 grated natural resource management plan’’;

17 (2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)),

18 by striking out ‘‘cooperative plan’’ each place it ap19 pears and inserting in lieu thereof ‘‘integrated natu20 ral resource management plan’’;

21 (3) in section 101(c) (16 U.S.C. 670a(c)), in the

22 matter preceding paragraph (1) by striking out ‘‘a co23 operative plan’’ and inserting in lieu thereof ‘‘an in24 tegrated natural resource management plan’’;
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1 (4) in section 101(d) (16 U.S.C. 670a(d)), in the

2 matter preceding paragraph (1) by striking out ‘‘co3 operative plans’’ and inserting in lieu thereof ‘‘inte4 grated natural resource management plans’’;

5 (5) in section 101(e) (16 U.S.C. 670a(e)), by

6 striking out ‘‘Cooperative plans’’ and inserting in

7 lieu thereof ‘‘Integrated natural resource management

8 plans’’;

9 (6) in section 102 (16 U.S.C. 670b), by striking

10 out ‘‘a cooperative plan’’ and inserting in lieu thereof

11 ‘‘an integrated natural resource management plan’’;

12 (7) in section 103 (16 U.S.C. 670c), by striking

13 out ‘‘a cooperative plan’’ and inserting in lieu thereof

14 ‘‘an integrated natural resource management plan’’;

15 (8) in section 106(a) (16 U.S.C. 670f(a)), by

16 striking out ‘‘cooperative plans’’ and inserting in lieu

17 thereof ‘‘integrated natural resource management

18 plans’’; and

19 (9) in section 106(c) (16 U.S.C. 670f(c)), by

20 striking out ‘‘cooperative plans’’ and inserting in lieu

21 thereof ‘‘integrated natural resource management

22 plans’’.

23 (c) CONTENTS OF PLANS.—Section 101(b) of the Sikes

24 Act (16 U.S.C. 670a(b)) is amended—

25 (1) in paragraph (1)—
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1 (A) in subparagraph (C), by striking out

2 ‘‘and’’ after the semicolon;

3 (B) in subparagraph (D), by striking out

4 the semicolon at the end and inserting in lieu

5 thereof a comma; and

6 (C) by adding at the end the following new

7 subparagraphs:

8 ‘‘(E) wetland protection and restoration,

9 and wetland creation where necessary, for sup10 port of fish or wildlife,

11 ‘‘(F) consideration of conservation needs for

12 all biological communities, and

13 ‘‘(G) the establishment of specific natural

14 resource management goals, objectives, and time15 frames for proposed actions;’’;

16 (2) by striking out paragraph (3);

17 (3) by redesignating paragraph (2) as para18 graph (3);

19 (4) by inserting after paragraph (1) the follow20 ing new paragraph:

21 ‘‘(2) shall for the military installation for which

22 it is prepared—

23 ‘‘(A) address the needs for fish and wildlife

24 management, land management, forest manage25 ment, and wildlife-oriented recreation,
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1 ‘‘(B) ensure the integration of, and consist2 ency among, the various activities conducted

3 under the plan,

4 ‘‘(C) ensure that there is no net loss in the

5 capability of installation lands to support the

6 military mission of the installation,

7 ‘‘(D) provide for sustained use by the public

8 of natural resources, to the extent that such use

9 is not inconsistent with the military mission of

10 the installation or the needs of fish and wildlife

11 management,

12 ‘‘(E) provide the public access to the instal13 lation that is necessary or appropriate for that

14 use, to the extent that access is not inconsistent

15 with the military mission of the installation,

16 and

17 ‘‘(F) provide for professional enforcement of

18 natural resource laws and regulations;’’; and

19 (5) in paragraph (4)(A), by striking out ‘‘collect

20 the fees therefor,’’ and inserting in lieu thereof ‘‘col21 lect, spend, administer, and account for fees there22 for,’’.

23 (d) PUBLIC COMMENT.—Section 101 of the Sikes Act

24 (16 U.S.C. 670a) is amended by adding at the end the fol25 lowing new subsection:
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1 ‘‘(f) PUBLIC COMMENT.—The Secretary of Defense

2 shall provide an opportunity for public comment on each

3 integrated natural resource management plan prepared

4 under subsection (a).’’.

5 SEC. 1405. REVIEW FOR PREPARATION OF INTEGRATED

6 NATURAL RESOURCE MANAGEMENT PLANS.

7 (a) REVIEW OF MILITARY INSTALLATIONS.—

8 (1) REVIEW.—The Secretary of each military de9 partment shall, by not later than nine months after

10 the date of the enactment of this Act—

11 (A) review each military installation in the

12 United States that is under the jurisdiction of

13 that Secretary to determine the military instal14 lations for which the preparation of an inte15 grated natural resource management plan under

16 section 101 of the Sikes Act, as amended by this

17 title, is appropriate; and

18 (B) submit to the Secretary of Defense a re19 port on those determinations.

20 (2) REPORT TO CONGRESS.—The Secretary of

21 Defense shall, by not later than 12 months after the

22 date of the enactment of this Act, submit to the Con23 gress a report on the reviews conducted under para24 graph (1). The report shall include—
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1 (A) a list of those military installations re2 viewed under paragraph (1) for which the Sec3 retary of Defense determines the preparation of

4 an integrated natural resource management plan

5 is not appropriate; and

6 (B) for each of the military installations

7 listed under subparagraph (A), an explanation

8 of the reasons such a plan is not appropriate.

9 (b) DEADLINE FOR INTEGRATED NATURAL RESOURCE

10 MANAGEMENT PLANS.—Not later than two years after the

11 date of the submission of the report required under sub12 section (a)(2), the Secretary of Defense shall, for each mili13 tary installation for which the Secretary has not deter14 mined under subsection (a)(2)(A) that preparation of an

15 integrated natural resource management plan is not appro16 priate—

17 (1) prepare and begin implementing such a plan

18 mutually agreed to by the Secretary of the Interior

19 and the head of the appropriate State agencies under

20 section 101(a) of the Sikes Act, as amended by this

21 title; or

22 (2) in the case of a military installation for

23 which there is in effect a cooperative plan under sec24 tion 101(a) of the Sikes Act on the day before the date

25 of the enactment of this Act, complete negotiations
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1 with the Secretary of the Interior and the heads of the

2 appropriate State agencies regarding changes to that

3 plan that are necessary for the plan to constitute an

4 integrated natural resource plan that complies with

5 that section, as amended by this title.

6 (c) PUBLIC COMMENT.—The Secretary of Defense shall

7 provide an opportunity for the submission of public com8 ments on—

9 (1) integrated natural resource management

10 plans proposed pursuant to subsection (b)(1); and

11 (2) changes to cooperative plans proposed pursu12 ant to subsection (b)(2).

13 SEC. 1406. ANNUAL REVIEWS AND REPORTS.

14 Section 101 of the Sikes Act (16 U.S.C. 670a) is

15 amended by adding after subsection (f) (as added by section

16 1404(d)) the following new subsection:

17 ‘‘(g) REVIEWS AND REPORTS.—

18 ‘‘(1) SECRETARY OF DEFENSE.—The Secretary of

19 Defense shall, by not later than March 1 of each year,

20 review the extent to which integrated natural resource

21 management plans were prepared or in effect and im22 plemented in accordance with this Act in the preced23 ing year, and submit a report on the findings of that

24 review to the committees. Each report shall include—
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1 ‘‘(A) the number of integrated natural re2 source management plans in effect in the year

3 covered by the report, including the date on

4 which each plan was issued in final form or

5 most recently revised;

6 ‘‘(B) the amount of moneys expended on

7 conservation activities conducted pursuant to

8 those plans in the year covered by the report, in9 cluding amounts expended under the Legacy Re10 source Management Program established under

11 section 8120 of the Act of November 5, 1990

12 (Public Law 101–511; 104 Stat. 1905); and

13 ‘‘(C) an assessment of the extent to which

14 the plans comply with the requirements of sub15 section (b)(1) and (2), including specifically the

16 extent to which the plans ensure in accordance

17 with subsection (b)(2)(C) that there is no net loss

18 of lands to support the military missions of mili19 tary installations.

20 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec21 retary of the Interior, by not later than March 1 of

22 each year and in consultation with State agencies re23 sponsible for conservation or management of fish or

24 wildlife, shall submit a report to the committees on

25 the amount of moneys expended by the Department of
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1 the Interior and those State agencies in the year cov2 ered by the report on conservation activities con3 ducted pursuant to integrated natural resource man4 agement plans.

5 ‘‘(3) COMMITTEES DEFINED.—For purposes of

6 this subsection, the term ‘committees’ means the Com7 mittee on Resources and the Committee on National

8 Security of the House of Representatives and the

9 Committee on Armed Services and the Committee on

10 Environment and Public Works of the Senate.’’.

11 SEC. 1407. TRANSFER OF WILDLIFE CONSERVATION FEES

12 FROM CLOSED MILITARY INSTALLATIONS.

13 Section 101(b)(4)(B) of the Sikes Act (16 U.S.C.

14 670a(b)(4)(B)) is amended by inserting before the period

15 at the end the following: ‘‘, unless that military installation

16 is subsequently closed, in which case the fees may be trans17 ferred to another military installation to be used for the

18 same purposes’’.

19 SEC. 1408. FEDERAL ENFORCEMENT OF INTEGRATED NATU20 RAL RESOURCE MANAGEMENT PLANS AND

21 ENFORCEMENT OF OTHER LAWS.

22 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

23 amended—

24 (1) by redesignating section 106, as amended by

25 section 1404(b), as section 109; and
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1 (2) by inserting after section 105 the following

2 new section:

3 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

4 ‘‘All Federal laws relating to the conservation of natu5 ral resources on Federal lands may be enforced by the Sec6 retary of Defense with respect to violations of those laws

7 which occur on military installations within the United

8 States.’’.

9 SEC. 1409. NATURAL RESOURCE MANAGEMENT SERVICES.

10 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

11 amended by inserting after section 106 (as added by section

12 1408) the following new section:

13 ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

14 ‘‘The Secretary of each military department shall en15 sure that sufficient numbers of professionally trained natu16 ral resource management personnel and natural resource

17 law enforcement personnel are available and assigned re18 sponsibility to perform tasks necessary to comply with this

19 Act, including the preparation and implementation of inte20 grated natural resource management plans.’’.

21 SEC. 1410. DEFINITIONS.

22 Title I of the Sikes Act (16 U.S.C. 670a et seq.) is

23 amended by inserting after section 107 (as added by section

24 1409) the following new section:
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1 ‘‘SEC. 108. DEFINITIONS.

2 ‘‘In this title:

3 ‘‘(1) MILITARY INSTALLATION.—The term ‘mili4 tary installation’—

5 ‘‘(A) means any land or interest in land

6 owned by the United States and administered by

7 the Secretary of Defense or the Secretary of a

8 military department; and

9 ‘‘(B) includes all public lands withdrawn

10 from all forms of appropriation under public

11 land laws and reserved for use by the Secretary

12 of Defense or the Secretary of a military depart13 ment.

14 ‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The

15 term ‘State fish and wildlife agency’ means an agen16 cy of State government that is responsible under State

17 law for managing fish or wildlife resources.

18 ‘‘(3) UNITED STATES.—The term ‘United States’

19 means the States, the District of Columbia, and the

20 territories and possessions of the United States.’’.

21 SEC. 1411. COOPERATIVE AGREEMENTS.

22 (a) COST SHARING.—Section 103a(b) of the Sikes Act

23 (16 U.S.C. 670c–1(b)) is amended by striking out ‘‘match24 ing basis’’ each place it appears and inserting in lieu there25 of ‘‘cost-sharing basis’’.
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1 (b) ACCOUNTING.—Section 103a(c) of the Sikes Act (16

2 U.S.C. 670c–1(c)) is amended by inserting before the period

3 at the end the following: ‘‘, and shall not be subject to sec4 tion 1535 of that title’’.

5 SEC. 1412. REPEAL OF SUPERSEDED PROVISION.

6 Section 2 of the Act of October 27, 1986 (Public Law

7 99–651; 16 U.S.C. 670a–1), is repealed.

8 SEC. 1413. CLERICAL AMENDMENTS.

9 Title I of the Sikes Act, as amended by this title, is

10 amended—

11 (1) in the heading for the title by striking out

12 ‘‘MILITARY RESERVATIONS’’ and inserting in lieu

13 thereof ‘‘MILITARY INSTALLATIONS’’;

14 (2) in section 101(a) (16 U.S.C. 670a(a)), by

15 striking out ‘‘the reservation’’ and inserting in lieu

16 thereof ‘‘the installation’’;

17 (3) in section 101(b)(4) (16 U.S.C.

18 670a(b)(4))—

19 (A) in subparagraph (A), by striking out

20 ‘‘the reservation’’ and inserting in lieu thereof

21 ‘‘the installation’’; and

22 (B) in subparagraph (B), by striking out

23 ‘‘the military reservation’’ and inserting in lieu

24 thereof ‘‘the military installation’’;

25 (4) in section 101(c) (16 U.S.C. 670a(c))—
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1 (A) in paragraph (1), by striking out ‘‘a

2 military reservation’’ and inserting in lieu there3 of ‘‘a military installation’’; and

4 (B) in paragraph (2), by striking out ‘‘the

5 reservation’’ and inserting in lieu thereof ‘‘the

6 installation’’;

7 (5) in section 102 (16 U.S.C. 670b), by striking

8 out ‘‘military reservations’’ and inserting in lieu

9 thereof ‘‘military installations’’; and

10 (6) in section 103 (16 U.S.C. 670c)—

11 (A) by striking out ‘‘military reservations’’

12 and inserting in lieu thereof ‘‘military installa13 tions’’; and

14 (B) by striking out ‘‘such reservations’’ and

15 inserting in lieu thereof ‘‘such installations’’.

16 SEC. 1414. AUTHORIZATIONS OF APPROPRIATIONS.

17 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub18 sections (b) and (c) of section 109 of the Sikes Act (as redes19 ignated by section 1408) are each amended by striking out

20 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

21 in lieu thereof ‘‘1983 through 1998,’’.

22 (b) PROGRAMS ON PUBLIC LANDS.—Section 209 of the

23 Sikes Act (16 U.S.C. 670o) is amended—

24 (1) in subsection (a), by striking out ‘‘the sum

25 of $10,000,000’’ and all that follows through ‘‘to en-
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1 able the Secretary of the Interior’’ and inserting in

2 lieu thereof ‘‘$4,000,000 for each of fiscal years 1997

3 and 1998, to enable the Secretary of the Interior’’;

4 and

5 (2) in subsection (b), by striking out ‘‘the sum

6 of $12,000,000’’ and all that follows through ‘‘to en7 able the Secretary of Agriculture’’ and inserting in

8 lieu thereof ‘‘$5,000,000 for each of fiscal years 1997

9 and 1998, to enable the Secretary of Agriculture’’.

10 DIVISION B—MILITARY CON11 STRUCTION AUTHORIZA12 TIONS

13 SEC. 2001. SHORT TITLE.

14 This division may be cited as the ‘‘Military Construc15 tion Authorization Act for Fiscal Year 1997’’.

16 TITLE XXI—ARMY

17 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

18 ACQUISITION PROJECTS.

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations

21 in section 2104(a)(1), the Secretary of the Army may ac22 quire real property and carry out military construction

23 projects for the installations and locations inside the United

24 States, and in the amounts, set forth in the following table:
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Army: Inside the United States

State Installation or location Total

Arizona ............................... Fort Huachuca ......................................... $21,000,000

California ........................... Army project, Naval Weapons Station,

Concord ................................................. $27,000,000

Camp Roberts ........................................... $5,500,000

Fort Irwin ................................................ $7,000,000

Colorado ............................. Fort Carson .............................................. $17,550,000

District of Columbia ......... Fort McNair ............................................. $6,900,000

Georgia ............................... Fort Benning ............................................ $53,400,000

Fort McPherson ........................................ $9,100,000

Fort Stewart, Hunter Army Air Field $6,000,000

Kansas ................................ Fort Riley ................................................. $26,000,000

Kentucky ............................ Fort Campbell ........................................... $51,100,000

Fort Knox ................................................. $20,500,000

New Jersey ......................... Picatinny Arsenal .................................... $7,500,000

New Mexico ........................ White Sands Missile Range ..................... $10,000,000

New York ............................ Fort Drum ................................................ $11,400,000

North Carolina .................. Fort Bragg ................................................ $14,000,000

Texas ................................... Fort Hood ................................................. $52,700,000

Virginia .............................. Fort Eustis ............................................... $3,550,000

Washington ........................ Fort Lewis ................................................ $54,600,000

CONUS Classified ............. Classified Location ................................... $4,600,000

Total .................................................. $409,400,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 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 .................................. Lincoln Village .................................... $7,300,000

Spinelli Barracks ................................ $8,100,000

Taylor Barracks .................................. $9,300,000

Italy ......................................... Camp Ederle, Vincenza ...................... $3,100,000

Korea ....................................... Camp Casey ......................................... $16,000,000

Camp Red Cloud ................................. $14,000,000

Overseas Classified ................. Classified Location .............................. $64,000,000

Total ............................................. $121,800,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2104(a)(6)(A), the Secretary of the

2 Army may construct or acquire family housing units (in3 cluding land acquisition) at the installations, for the pur4 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Total

Alabama .......................... Redstone Arsenal ............ 70 Units ........... $8,000,000

Hawaii ............................ Schofield Barracks ......... 54 Units ........... $10,000,000

North Carolina ............... Fort Bragg ...................... 88 Units ........... $9,800,000

Pennsylvania .................. Tobyhanna Army Depot 200 Units ......... $890,000

Texas ............................... Fort Bliss ........................ 85 Units ........... $12,000,000

Fort Hood ....................... 140 Units ......... $18,500,000

Total: ........ $59,190,000

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in

7 section 2104(a)(6)(A), the Secretary of the Army may carry

8 out architectural and engineering services and construction

9 design activities with respect to the construction or im10 provement of family housing units in an amount not to

11 exceed $2,963,000.

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

13 UNITS.

14 Subject to section 2825 of title 10, United States Code,

15 and using amounts appropriated pursuant to the author16 ization of appropriations in sections 2104(a)(6)(A), the

17 Secretary of the Army may improve existing military fam18 ily housing units in an amount not to exceed $114,450,000.
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) IN GENERAL.—Funds are hereby authorized to be

3 appropriated for fiscal years beginning after September 30,

4 1996, for military construction, land acquisition, and mili5 tary family housing functions of the Department of the

6 Army in the total amount of $2,037,653,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2101(a),

9 $409,400,000.

10 (2) For military construction projects outside the

11 United States authorized by section 2101(b),

12 $121,800,000.

13 (3) For unspecified minor military construction

14 projects authorized by section 2805 of title 10, United

15 States Code, $8,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $54,384,000.

19 (5) For demolition of excess facilities under sec20 tion 2814 of title 10, United States Code, as added

21 by section 2802, $10,000,000.

22 (6) For military family housing functions:

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military

25 family housing and facilities, $176,603,000.
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1 (B) For support of military family housing

2 (including the functions described in section

3 2833 of title 10, United States Code),

4 $1,257,466,000.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2101 of this Act

10 may not exceed the total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection (a).

12 SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS,

13 FORT IRWIN, CALIFORNIA.

14 In the case of amounts appropriated pursuant to the

15 authorization of appropriations in section 2104(a)(1) of the

16 Military Construction Authorization Act for Fiscal Year

17 1995 (division B of Public Law 103–337) and section

18 2104(a)(1) of the Military Construction Authorization Act

19 for Fiscal Year 1996 (division B of Public Law 104–106)

20 for a military construction project for Fort Irwin, Califor21 nia, involving the construction of an air field for the Na22 tional Training Center at Barstow-Daggett, California, the

23 Secretary of the Army may use such amounts for the con24 struction of a heliport at the same location.
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1 TITLE XXII—NAVY

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2204(a)(1), the Secretary of the Navy may ac7 quire real property and carry out military construction

8 projects for the installations and locations inside the United

9 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

Marine Corps Air Station, Yuma ............... $14,600,000

California ......................... Marine Corps Air-Ground Combat Center,

Twentynine Palms ................................... $4,020,000

Marine Corps Air Station, Camp Pendleton .............................................................. $6,240,000

Marine Corps Base, Camp Pendleton ......... $51,630,000

Naval Air Station, North Island ................ $86,502,000

Naval Facility, San Clemente Island ......... $17,000,000

Naval Station, San Diego ........................... $7,050,000

Naval Command Control & Ocean Surveillance Center, San Diego .......................... $1,960,000

Connecticut ....................... Naval Submarine Base, New London ......... $13,830,000

District of Columbia ........ Naval District, Washington ......................... $19,300,000

Florida .............................. Naval Air Station, Key West ...................... $2,250,000

Naval Station, Mayport ............................... $2,800,000

Georgia .............................. Marine Corps Logistics Base, Albany ........ $1,630,000

Naval Submarine Base, Kings Bay ............ $1,550,000

Hawaii .............................. Marine Corps Air Station, Kaneohe Bay $20,080,000

Naval Station, Pearl Harbor ...................... $19,600,000

Naval Submarine Base, Pearl Harbor ....... $35,890,000

Idaho ................................. Naval Surface Warfare Center, Bayview ... $7,150,000

Illinois ............................... Naval Hospital, Great Lakes ....................... $15,200,000

Naval Training Center, Great Lakes .......... $22,900,000

Indiana ............................. Naval Surface Warfare Center, Crane ........ $5,000,000

Maryland .......................... Naval Air Warfare Center, Patuxent River $1,270,000

Nevada .............................. Naval Air Station, Fallon ........................... $16,200,000

North Carolina ................. Marine Corps Air Station, Cherry Point ... $1,630,000

Marine Corps Air Station, New River ....... $20,290,000

Marine Corps Base, Camp LeJeune ........... $20,750,000

Pennsylvania .................... Philadelphia Naval Shipyard ..................... $8,300,000

South Carolina ................. Marine Corps Recruit Detachment, Parris

Island.

$4,990,000

Texas ................................. Naval Station, Ingleside .............................. $16,850,000

Naval Air Station, Kingsville ..................... $1,810,000

Virginia ............................ Armed Forces Staff College, Norfolk ........... $12,900,000

Fleet Combat Training Command, Dam

Neck ........................................................... $7,000,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Combat Development Command, Quantico ........................................ $14,570,000

Naval Station, Norfolk ................................. $56,120,000

Naval Surface Warfare Center, Dahlgren $8,030,000

Washington ....................... Naval Station, Everett ................................. $25,740,000

Naval Undersea Warfare Center ................. $6,800,000

CONUS Various ............... Defense access roads ..................................... $300,000

.

Total ...................................................... $583,652,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the 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 .......... $11,050,000

Italy .................................. Naval Air Station, Sigonella ...................... $15,700,000

Naval Support Activity, Naples .................. $8,620,000

United Kingdom .............. Joint Maritime Communications Center,

St. Mawgan .............................................. $4,700,000

Total ...................................................... $46,050,000

8 SEC. 2202. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(a)(6)(A), the Secretary of the

12 Navy may construct or acquire family housing units (in13 cluding land acquisition) at the installations, for the pur14 poses, and in the amounts set forth in the following table:
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Navy: Family Housing

State Installation Purpose Amount

Arizona ...................... Marine Corps Air Station, Yuma .................. Ancillary Facility.

$709,000

California .................. Marine Corps AirGround Combat Center, Twentynine Palms Ancillary Facility.

$2,938,000

Marine Corps Base,

Camp Pendleton ......... 202 Units ......... $29,483,000

Naval Air Station,

Lemoore ....................... 276 Units ......... $39,837,000

Navy Public Works Center, San Diego ............ 466 Units ......... $63,429,000

Florida ....................... Naval Station, Mayport 100 Units ......... $10,000,000

Hawaii ....................... Marine Corps Air Station, Kaneohe Bay ..... 54 Units ........... $11,676,000

Navy Public Works Center, Pearl Harbor ....... 264 Units ......... $52,586,000

Maine ......................... Naval Air Station,

Brunswick ................... 92 Units ........... $10,925,000

Maryland ................... Naval Air Warfare Center, Patuxent River .... Ancillary Facility.

$1,233,000

North Carolina .......... Marine Corps Base,

Camp LeJeune ........... Ancillary Facility.$845,000

Marine Corps Base,

Camp LeJeune ........... 125 Units ......... $13,360,000

South Carolina .......... Marine Corps Air Station, Beaufort ............. 200 Units ......... $19,110,000

Texas .......................... Corpus Christi Naval

Complex ...................... 156 Units ......... $17,425,000

Naval Air Station,

Kingsville .................... 48 Units ........... $7,550,000

Virginia ...................... AEGIS Combat Systems

Center, Wallops Island 20 Units ........... $2,975,000

Naval Security Group

Activity, Northwest .... Ancillary Facility.$741,000

Washington ................ Naval Station, Everett ... 100 Units ......... $15,015,000

Naval Submarine Base,

Bangor ........................ Ancillary Facility.$934,000

Total ......... $300,771,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(6)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im-
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1 provement of military family housing units in an amount

2 not to exceed $22,552,000.

3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States Code,

6 and using amounts appropriated pursuant to the author7 ization of appropriations in section 2204(a)(6)(A), the Sec8 retary of the Navy may improve existing military family

9 housing units in an amount not to exceed $209,133,000.

10 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

11 (a) IN GENERAL.—Funds are hereby authorized to be

12 appropriated for fiscal years beginning after September 30,

13 1996, for military construction, land acquisition, and mili14 tary family housing functions of the Department of the

15 Navy in the total amount of $2,309,273,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2201(a),

18 $583,652,000.

19 (2) For military construction projects outside the

20 United States authorized by section 2201(b),

21 $46,050,000.

22 (3) For unspecified minor construction projects

23 authorized by section 2805 of title 10, United States

24 Code, $8,115,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $50,959,000.

4 (5) For demolition of excess facilities under sec5 tion 2814 of title 10, United States Code, as added

6 by section 2802, $10,000,000.

7 (6) For military family housing functions:

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military

10 family housing and facilities, $532,456,000.

11 (B) For support of military housing (in12 cluding functions described in section 2833 of

13 title 10, United States Code), $1,058,241,000.

14 (7) For the construction of a bachelor enlisted

15 quarters at the Naval Construction Batallion Center,

16 Port Hueneme, California, authorized by section

17 2201(a) of the Military Construction Authorization

18 Act for Fiscal Year 1996 (division B of Public Law

19 104–106; 110 Stat. 525), $7,700,000.

20 (8) For the construction of a Strategic Maritime

21 Research Center at the Naval War College, Newport,

22 Rhode Island, authorized by section 2201(a) of the

23 Military Construction Authorization Act for Fiscal

24 Year 1995 (division B of Public Law 103–337; 108

25 Stat. 3031), $8,000,000.
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1 (9) For the construction of the large anachoic

2 chamber facility at the Patuxent River Naval Warfare

3 Center, Aircraft Division, Maryland, authorized by

4 section 2201(a) of the Military Construction Author5 ization Act for Fiscal Year 1993 (division B of Public

6 Law 102–484; 106 Stat. 2590), $10,000,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2201 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a).

14 (c) ADJUSTMENT.—The total amount authorized to be

15 appropriated pursuant to paragraphs (1) through (9) of

16 subsection (a) is the sum of the amounts authorized to be

17 appropriated in such paragraphs, reduced by $12,000,000,

18 which represents the combination of project savings result19 ing from favorable bids, reduced overhead costs, and can20 cellations due to force structure changes.

21 SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION,

22 NORTH ISLAND, CALIFORNIA.

23 (a) COST-SHARING AGREEMENT.—With regard to the

24 portion of the military construction project for Naval Air

25 Station, North Island, California, authorized by section
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1 2201(a) and involving on-shore and near-shore beach re2 plenishment, the Secretary of the Navy shall endeavor to

3 enter into an agreement with the State of California and

4 local governments in the vicinity of the project, under which

5 the State and local governments agree to cover not less than

6 50 percent of the cost incurred by the Secretary to carry

7 out the beach replenishment portion of the project.

8 (b) ACTIVITIES PENDING AGREEMENT.—The Secretary

9 shall not delay commencement of, or activities under, the

10 construction project described in subsection (a), including

11 the beach replenishment portion of the project, pending the

12 execution of the cost-sharing agreement, except that, within

13 amounts appropriated for the project, Federal expenditures

14 may not exceed $9,630,000 for beach replenishment.

15 SEC. 2206. LEASE TO FACILITATE CONSTRUCTION OF RE16 SERVE CENTER, NAVAL AIR STATION, MERID17 IAN, MISSISSIPPI.

18 (a) LEASE OF PROPERTY FOR CONSTRUCTION OF RE19 SERVE CENTER.—(1) The Secretary of the Navy may lease,

20 without reimbursement, to the State of Mississippi (in this

21 section referred to as the ‘‘State’’), approximately five acres

22 of real property located at Naval Air Station, Meridian,

23 Mississippi. The State shall use the property to construct

24 a reserve center of approximately 22,000 square feet and

25 ancillary supporting facilities.
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1 (2) The term of the lease under this subsection shall

2 expire on the same date that the lease authorized by sub3 section (b) expires.

4 (b) LEASEBACK OF RESERVE CENTER.—(1) The Sec5 retary may lease from the State the property and improve6 ments constructed pursuant to subsection (a) for a five-year

7 period. The term of the lease shall begin on the date on

8 which the improvements are available for occupancy, as de9 termined by the Secretary.

10 (2) Rental payments under the lease under paragraph

11 (1) may not exceed $200,000 per year, and the total amount

12 of the rental payments for the entire period may not exceed

13 20 percent of the total cost of constructing the reserve center

14 and ancillary supporting facilities.

15 (3) Subject to the availability of appropriations for

16 this purpose, the Secretary may use funds appropriated

17 pursuant to an authorization of appropriations for the op18 eration and maintenance of the Naval Reserve to make rent19 al payments required under this subsection.

20 (c) EFFECT OF TERMINATION OF LEASES.—At the end

21 of the lease term under subsection (b), the State shall con22 vey, without reimbursement, to the United States all right,

23 title, and interest of the State in the reserve center and an24 cillary supporting facilities subject to the lease.
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the leases under this section as the Sec4 retary considers appropriate to protect the interests of the

5 United States.

6 TITLE XXIII—AIR FORCE

7 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

8 LAND ACQUISITION PROJECTS.

9 (a) INSIDE THE UNITED STATES.—Using amounts ap10 propriated pursuant to the authorization of appropriations

11 in section 2304(a)(1), the Secretary of the Air Force may

12 acquire real property and carry out military construction

13 projects for the installations and locations inside the United

14 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 ........................................ Elmendorf Air Force Base ................... $21,530,000

Arizona ...................................... Davis–Monthan Air Force Base ......... $9,920,000

Luke Air Force Base ............................ $6,700,000

Arkansas .................................... Little Rock Air Force Base ................. $18,105,000

California .................................. Beale Air Force Base ........................... $14,425,000

Edwards Air Force Base ..................... $20,080,000

Travis Air Force Base ......................... $16,230,000

Vandenberg Air Force Base ................. $3,290,000

Colorado .................................... Buckley Air National Guard Base ..... $17,960,000

Falcon Air Force Station .................... $2,095,000

Peterson Air Force Base ...................... $20,720,000

United States Air Force Academy ...... $12,165,000

Delaware ................................... Dover Air Force Base .......................... $7,980,000

Florida ...................................... Eglin Air Force Base ........................... $4,590,000

Eglin Auxiliary Field 9 ...................... $6,825,000

Patrick Air Force Base ........................ $2,595,000

Tyndall Air Force Base ....................... $3,600,000

Georgia ...................................... Robins Air Force Base ......................... $22,645,000

Idaho ......................................... Mountain Home Air Force Base ........ $15,845,000

Kansas ....................................... McConnell Air Force Base ................... $15,580,000

Louisiana .................................. Barksdale Air Force Base .................... $4,890,000

Maryland .................................. Andrews Air Force Base ...................... $5,990,000

Mississippi ................................ Keesler Air Force Base ........................ $14,465,000

Nevada ....................................... Indian Springs Air Force Auxiliary

Air Field ........................................... $4,690,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

New Jersey ................................ McGuire Air Force Base ...................... $8,080,000

North Carolina ......................... Pope Air Force Base ............................ $5,915,000

Seymour Johnson Air Force Base ...... $11,280,000

North Dakota ............................ Grand Forks Air Force Base ............... $12,470,000

Minot Air Force Base .......................... $3,940,000

Ohio ........................................... Wright–Patterson Air Force Base ...... $7,400,000

Oklahoma .................................. Tinker Air Force Base ......................... $9,880,000

South Carolina ......................... Charleston Air Force Base .................. $37,410,000

Shaw Air Force Base ........................... $5,665,000

Tennessee ................................... Arnold Engineering Development

Center ................................................ $12,481,000

Texas ......................................... Brooks Air Force Base ......................... $5,400,000

Dyess Air Force Base ........................... $12,295,000

Kelly Air Force Base ........................... $3,250,000

Lackland Air Force Base ..................... $9,413,000

Sheppard Air Force Base .................... $9,400,000

Utah ........................................... Hill Air Force Base ............................. $3,690,000

Virginia ..................................... Langley Air Force Base ....................... $8,005,000

Washington ............................... Fairchild Air Force Base .................... $18,155,000

McChord Air Force Base ..................... $57,065,000

Wyoming ................................... F. E. Warren Air Force Base ............. $3,700,000

Total .............................................. $525,684,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................... Ramstein Air Force Base .................... $5,370,000

Spangdahlem Air Base ........................ $1,890,000

Italy ........................................... Aviano Air Base ................................... $10,060,000

Korea ......................................... Osan Air Base ...................................... $9,780,000

Turkey ....................................... Incirlik Air Base .................................. $7,160,000

United Kingdom ....................... Croughton Royal Air Force Base ........ $1,740,000

Lakenheath Royal Air Force Base ...... $17,525,000

Mildenhall Royal Air Force Base ....... $6,195,000

Overseas Classified ................... Classified Locations ............................. $18,395,000

Total .............................................. $78,115,000
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1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) at the installations, for the

7 purposes, and in the amounts set forth in the following

8 table:

Air Force: Family Housing

State Installation Purpose Amount

Alaska .............................. Eielson Air Force Base 72 units ............ $21,127,000

Eielson Air Force Base Ancillary Facility ................. $2,950,000

California ........................ Beale Air Force Base ..... 56 units ............ $8,893,000

Los Angeles Air Force

Base.

25 units ............ $6,425,000

Travis Air Force Base ... 70 units ............ $8,631,000

Vandenberg Air Force

Base ............................. 112 units .......... $20,891,000

District of Columbia ...... Bolling Air Force Base 40 units ............ $5,000,000

Florida ............................ Eglin Auxiliary Field 9 1 units .............. $249,000

MacDill Air Force Base 56 units ............ $8,822,000

Patrick Air Force Base Ancillary Facility ................. $2,430,000

Tyndall Air Force Base 42 Units ........... $6,000,000

Georgia ............................ Robins Air Force Base ... 46 units ............ $5,252,000

Louisiana ........................ Barksdale Air Force

Base ............................. 80 units ............ $9,570,000

Maryland ........................ Hanscom Air Force Base 32 units ............ $5,100,000

Missouri .......................... Whiteman Air Force

Base ............................. 68 units ............ $9,600,000

Nevada ............................ Nellis Air Force Base ..... 50 units ............ $7,955,000

New Mexico ..................... Kirtland Air Force Base 50 units ............ $5,450,000

North Dakota .................. Grand Forks Air Force

Base ............................. 66 units ............ $7,784,000

Minot Air Force Base .... 46 units ............ $8,740,000

Texas ............................... Lackland Air Force Base 132 units .......... $11,500,000

Lackland Air Force Base Ancillary Facility.$800,000

Washington ..................... McChord Air Force Base 50 units ............ $5,659,000

Total ......... $168,828,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

11 section 2304(a)(6)(A), the Secretary of the Air Force may
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1 carry out architectural and engineering services and con2 struction design activities with respect to the construction

3 or improvement of military family housing units in an

4 amount not to exceed $9,590,000.

5 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

6 UNITS.

7 Subject to section 2825 of title 10, United States Code,

8 and using amounts appropriated pursuant to the author9 ization of appropriations in section 2304(a)(6)(A), the Sec10 retary of the Air Force may improve existing military fam11 ily housing units in an amount not to exceed $125,650,000.

12 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

13 FORCE.

14 (a) IN GENERAL.—Funds are hereby authorized to be

15 appropriated for fiscal years beginning after September 30,

16 1996, for military construction, land acquisition, and mili17 tary family housing functions of the Department of the Air

18 Force in the total amount of $1,823,456,000 as follows:

19 (1) For military construction projects inside the

20 United States authorized by section 2301(a),

21 $525,684,000.

22 (2) For military construction projects outside the

23 United States authorized by section 2301(b),

24 $78,115,000.
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1 (3) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $12,328,000.

4 (4) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $47,387,000.

7 (5) For demolition of excess facilities under sec8 tion 2814 of title 10, United States Code, as added

9 by section 2802, $10,000,000.

10 (6) For military housing functions:

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military

13 family housing and facilities, $304,068,000.

14 (B) For support of military family housing

15 (including the functions described in section

16 2833 of title 10, United States Code),

17 $840,474,000.

18 (7) For the construction of a corrosion control

19 facility at Tinker Air Force Base, Oklahoma, author20 ized by section 2301(a) of the Military Construction

21 Authorization Act for Fiscal Year 1996 (division B of

22 Public Law 104–106; 110 Stat. 530), $5,400,000.

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and
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1 any other cost variation authorized by law, the total cost

2 of all projects carried out under section 2301 of this Act

3 may not exceed the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection (a).

5 TITLE XXIV—DEFENSE

6 AGENCIES

7 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC8 TION AND LAND ACQUISITION PROJECTS.

9 (a) INSIDE THE UNITED STATES.—Using amounts ap10 propriated pursuant to the authorization of appropriations

11 in section 2406(a)(1), and, in the case of the projects de12 scribed in paragraphs (2) and (3) of section 2406(b), other

13 amounts appropriated pursuant to authorizations enacted

14 after this Act for such projects, the Secretary of Defense may

15 acquire real property and carry out military construction

16 projects for the installations and locations inside the United

17 States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization

Program ................................ Pueblo Chemical Activity, Colorado ... $179,000,000

Defense Finance & Accounting

Service ................................... Charleston, South Carolina ................. $6,200,000

Gentile Air Force Station, Ohio ......... $11,400,000

Griffiss Air Force Base, New York ..... $10,200,000

Loring Air Force Base, Maine ............ $6,900,000

Naval Training Center, Orlando,

Florida .............................................. $2,600,000

Norton Air Force Base, California ..... $13,800,000

Offutt Air Force Base, Nebraska ......... $7,000,000

Rock Island Arsenal, Illinois .............. $14,400,000

Defense Intelligence Agency ..... Bolling Air Force Base, District of

Columbia ........................................... $6,790,000

Defense Logistics Agency ......... Altus Air Force Base, Oklahoma ........ $3,200,000

Andrews Air Force Base, Maryland ... $12,100,000

Barksdale Air Force Base, Louisiana $4,300,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Defense Construction Supply Center,

Columbus, Ohio ................................ $600,000

Defense Distribution, San Diego,

California ......................................... $15,700,000

Elmendorf Air Force Base, Alaska ..... $18,000,000

McConnell Air Force Base, Kansas .... $2,200,000

Naval Air Facility, El Centro, California ................................................ $5,700,000

Naval Air Station, Fallon, Nevada .... $2,100,000

Naval Air Station, Oceana, Virginia $1,500,000

Shaw Air Force Base, South Carolina $2,900,000

Travis Air Force Base, California ...... $15,200,000

Defense Medical Facility Office Andrews Air Force Base, Maryland ... $15,500,000

Charleston Air Force Base, South

Carolina ............................................ $1,300,000

Fort Bliss, Texas .................................. $6,600,000

Fort Bragg, North Carolina ................ $11,400,000

Fort Hood, Texas ................................. $1,950,000

Marine Corps Base, Camp Pendleton,

California ......................................... $3,300,000

Maxwell Air Force Base, Alabama ..... $25,000,000

Naval Air Station, Key West, Florida $15,200,000

Naval Air Station, Norfolk, Virginia $1,250,000

Naval Air Station, Lemoore, California ..................................................... $38,000,000

Special Operations Command Fort Bragg, North Carolina ................ $14,000,000

Fort Campbell, Kentucky .................... $4,200,000

MacDill Air Force Base, Florida ........ $9,600,000

Naval Amphibious Base, Coronado,

California ......................................... $7,700,000

Naval Station, Ford Island, Pearl

Harbor, Hawaii ............................... $12,800,000

Total .............................................. $509,590,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2406(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency ......... Moron Air Base, Spain ....................... $12,958,000

Naval Air Station, Sigonella, Italy .... $6,100,000

Defense Medical Facility Office Administrative Support Unit, Bahrain, Bahrain ................................... $4,600,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Total .............................................. $23,658,000

1 SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.

2 Using amounts appropriated pursuant to the author3 ization of appropriation in section 2406(a)(14)(A), the Sec4 retary of Defense may carry out architectural and engineer5 ing services and construction design activities with respect

6 to the construction or improvement of military family hous7 ing units in an amount not to exceed $500,000.

8 SEC. 2403. 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 appropriation in section 2406(a)(14)(A), the Sec13 retary of Defense may improve existing military family

14 housing units in an amount not to exceed $3,871,000.

15 SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.

16 (a) AVAILABILITY OF FUNDS FOR CREDIT TO FAMILY

17 HOUSING IMPROVEMENT FUND.—(1) Of the amount au18 thorized to be appropriated pursuant to section

19 2406(a)(14)(C), $35,000,000 shall be available for credit to

20 the Department of Defense Family Housing Improvement

21 Fund established by section 2883(a)(1) of title 10, United

22 States Code.
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1 (2) Of the amount authorized to be appropriated pur2 suant to section 2406(a)(14)(D), $10,000,000 shall be avail3 able for credit to the Department of Defense Military Unac4 companied Housing Improvement Fund established by sec5 tion 2883(a)(2) of such title.

6 (b) USE OF FUNDS.—(1) The Secretary of Defense may

7 use funds credited to the Department of Defense Family

8 Housing Improvement Fund under subsection (a)(1) to

9 carry out any activities authorized by subchapter IV of

10 chapter 169 of such title with respect to military family

11 housing.

12 (2) The Secretary of Defense may use funds credited

13 to the Department of Defense Military Unaccompanied

14 Housing Improvement Fund under subsection (a)(2) to

15 carry out any activities authorized by subchapter IV of

16 chapter 169 of such title with respect to military unaccom17 panied housing.

18 SEC. 2405. ENERGY CONSERVATION PROJECTS.

19 Using amounts appropriated pursuant to the author20 ization of appropriations in section 2406(a)(12), the Sec21 retary of Defense may carry out energy conservation

22 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 $3,431,670,000 as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $346,487,000.

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), $72,000,000.
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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, $16,874,000.
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1 (10) For unspecified minor construction projects

2 under section 2805 of title 10, United States Code,

3 $9,500,000.

4 (11) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $12,239,000.

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 military family housing functions:

15 (A) For improvement and planning of mili16 tary family housing and facilities, $4,371,000.

17 (B) For support of military housing (in18 cluding functions described in section 2833 of

19 title 10, United States Code), $30,963,000, of

20 which not more than $25,637,000 may be obli21 gated or expended for the leasing of military

22 family housing units worldwide.

23 (C) For credit to the Department of Defense

24 Family Housing Improvement Fund as author-
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1 ized by section 2404(a)(1) of this Act,

2 $35,000,000.

3 (D) For credit to the Department of Defense

4 Military Unaccompanied Housing Improvement

5 Fund as authorized by section 2404(a)(2) of this

6 Act, $10,000,000.

7 (E) For the Homeowners Assistance Pro8 gram as authorized by section 2832 of title 10,

9 United States Code, $36,181,000, to remain

10 available until expended.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variation authorized

13 by section 2853 of title 10, United States Code, and any

14 other cost variations authorized by law, the total cost of

15 all projects carried out under section 2401 of this Act may

16 not exceed—

17 (1) the total amount authorized to be appro18 priated under paragraphs (1) and (2) of subsection

19 (a);

20 (2) $161,503,000 (the balance of the amount au21 thorized under section 2401(a) of this Act for the con22 struction of a chemical demilitarization facility at

23 Pueblo Army Depot, Colorado); and

24 (3) $1,600,000 (the balance of the amount au25 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 $177,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1996, for the costs of

7 acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve Forces,

9 and for contributions therefor, under chapter 1803 of title

10 10, United States Code (including the cost of acquisition

11 of land for those facilities), the following amounts:

12 (1) For the Department of the Army—

13 (A) for the Army National Guard of the

14 United States, $41,316,000; and

15 (B) for the Army Reserve, $50,159,000.

16 (2) For the Department of the Navy, for the

17 Naval and Marine Corps Reserve, $33,169,000.

18 (3) For the Department of the Air Force—

19 (A) for the Air National Guard of the Unit20 ed States, $118,394,000; and

21 (B) for the Air Force Reserve, $51,655,000.
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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 Infrastructure program (and

13 authorizations of appropriations therefor) shall expire on

14 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 Infrastruc23 ture program (and authorizations of appropriations there24 for), for which appropriated funds have been obligated be25 fore 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 Infrastructure program.

7 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

8 FISCAL YEAR 1994 PROJECTS.

9 (a) EXTENSIONS.—Notwithstanding section 2701 of

10 the Military Construction Authorization Act for Fiscal Year

11 1994 (division B of Public Law 103–160; 107 Stat. 1880),

12 authorizations for the projects set forth in the tables in sub13 section (b), as provided in section 2101, 2102, 2201, 2301,

14 or 2601 of that Act, shall remain in effect until October

15 1, 1997, or the date of the enactment of an Act authorizing

16 funds for military construction for fiscal year 1998, which17 ever is later.

18 (b) TABLES.—The tables referred to in subsection (a)

19 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 ........................... Organizational

Maintenance

Shop ............. $553,000

Marana ........................... Dormitory/Dining Facility $2,919,000
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Army National Guard: Extension of 1994 Project

Authorizations—Continued

State Installation or Location Project Amount

California ........................ Fresno .............................. Organizational

Maintenance

Shop Modification ......... $905,000

Van Nuys ........................ Armory Addition ............... $6,518,000

New Mexico ..................... White Sands Missile

Range .......................... Organizational

Maintenance

Shop ............. $2,940,000

Tactical Site .... $1,995,000

MATES ............ $3,570,000

Pennsylvania .................. Indiantown Gap ............. State Military

Building ....... $9,200,000

Johnstown ....................... Armory Addition/Flight

Facility ........ $5,004,000

Johnstown ....................... Armory ............. $3,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1993 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal 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 1601 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 ...... $865,000

Army National Guard: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

Alabama .......................... Tuscaloosa ....................... Armory ............. $2,273,000

Union Springs ................ Armory ............. $813,000

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 2201 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. EFFECTIVE DATE.

4 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

5 take effect on the later of—

6 (1) October 1, 1996; or

7 (2) the date of the enactment of this Act.

8 TITLE XXVIII—GENERAL

9 PROVISIONS

10 Subtitle A—Military Construction

11 and Military Family Housing

12 SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECU13 RITY INVESTMENT PROGRAM.

14 (a) CHANGE IN REFERENCE TO EARLIER PROGRAM.—

15 (1) Section 2806(b) of title 10, United States Code, is

16 amended by striking out ‘‘North Atlantic Treaty Organiza17 tion Infrastructure program’’ and inserting in lieu thereof

18 ‘‘North Atlantic Treaty Organization Security Investment

19 Program’’.
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1 (2) Section 2861(b)(3) of such title is amended by

2 striking out ‘‘North Atlantic Treaty Organization Infra3 structure program’’ and inserting in lieu thereof ‘‘North At4 lantic Treaty Organization Security Investment Program’’.

5 (b) CLERICAL AMENDMENTS.—(1) The heading of sec6 tion 2806 of such title is amended to read as follows:

7 ‘‘§ 2806. Contributions for North Atlantic Treaty Orga8 nization Security Investment Program’’.

9 (2) The item relating to such section in the table of

10 sections at the beginning of subchapter I of chapter 169 of

11 such title is amended to read as follows:

‘‘2806. Contributions for North Atlantic Treaty Organization Security Investment

Program.’’.

12 SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.

13 (a) DEMOLITION AUTHORIZED.—Subchapter I of

14 chapter 169 of title 10, United States Code, is amended by

15 adding at the end the following new section:

16 ‘‘§ 2814. Demolition of excess facilities

17 ‘‘(a) DEMOLITION USING MILITARY CONSTRUCTION

18 APPROPRIATIONS.—Within an amount equal to 125 percent

19 of the amount appropriated for such purpose in the mili20 tary construction account, the Secretary concerned may

21 carry out the demolition of a facility on a military installa22 tion when the facility is determined by the Secretary con23 cerned to be—
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1 ‘‘(1) excess to the needs of the military depart2 ment or Defense Agency concerned; and

3 ‘‘(2) not suitable for reuse.

4 ‘‘(b) DEMOLITIONS USING OPERATIONS AND MAINTE5 NANCE FUNDS.—Using funds available to the Secretary

6 concerned for operation and maintenance, the Secretary

7 concerned may carry out a demolition project involving an

8 excess facility described in subsection (a), except that the

9 amount obligated on the project may not exceed the maxi10 mum amount authorized for a minor construction project

11 under section 2805(c)(1) of this title.

12 ‘‘(c) ADVANCE APPROVAL OF CERTAIN PROJECTS.—(1)

13 A demolition project under this section that would cost more

14 than $500,000 may not be carried out under this section

15 unless approved in advance by the Secretary concerned.

16 ‘‘(2) When a decision is made to demolish a facility

17 covered by paragraph (1), the Secretary concerned shall

18 submit a report in writing to the appropriate committees

19 of Congress on that decision. Each such report shall in20 clude—

21 ‘‘(A) the justification for the demolition and the

22 current estimate of its costs, and

23 ‘‘(B) the justification for carrying out the project

24 under this section.
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1 ‘‘(3) The demolition project may be carried out only

2 after the end of the 21-day period beginning on the date

3 the notification is received by such committees.

4 ‘‘(d) CERTAIN PROJECTS PROHIBITED.—(1) A demoli5 tion project involving military family housing may not be

6 carried out under the authority of this section.

7 ‘‘(2) A demolition project required as a result of a base

8 closure action authorized by title II of the Defense Author9 ization Amendments and Base Closure and Realignment

10 Act (Public Law 100–526; 10 U.S.C. 2687 note) or the De11 fense Base Closure and Realignment Act of 1990 (part A

12 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

13 may not be carried out under the authority of this section.

14 ‘‘(3) A demolition project required as a result of envi15 ronmental contamination shall be carried out under the au16 thority of the environmental restoration program under sec17 tion 2701(b)(3) of this title.

18 ‘‘(e) DEMOLITION INCLUDED IN SPECIFIC MILITARY

19 CONSTRUCTION PROJECT.—Nothing in this section is in20 tended to preclude the inclusion of demolition of facilities

21 as an integral part of a specific military construction

22 project when the demolition is required for accomplishment

23 of the intent of that construction project.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such subchapter is amended by adding at

3 the end the following new item:

‘‘2814. Demolition of excess facilities.’’.

4 SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.

5 (a) AUTHORIZED IMPROVEMENTS.—Subsection (a)(2)

6 of section 2825 of title 10, United States Code, is amend7 ed—

8 (1) by inserting ‘‘major’’ before ‘‘maintenance’’;

9 and

10 (2) by adding at the end the following: ‘‘Such

11 term does not include day-to-day maintenance and

12 repair.’’.

13 (b) LIMITATION.—Subsection (b) of such is amended

14 by striking out paragraph (2) and inserting in lieu thereof

15 the following new paragraph:

16 ‘‘(2) In determining the applicability of the limitation

17 contained in paragraph (1), the Secretary concerned shall

18 include as part of the cost of the improvement the following:

19 ‘‘(A) The cost of major maintenance or repair

20 work (excluding day-to-day maintenance and repair)

21 undertaken in connection with the improvement.

22 ‘‘(B) Any cost, beyond the five-foot line of a

23 housing unit, in connection with—

24 ‘‘(i) the furnishing of electricity, gas, water,

25 and sewage disposal;
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1 ‘‘(ii) the construction or repair of roads,

2 drives, and walks; and

3 ‘‘(iii) grading and drainage work.’’.

4 Subtitle B—Defense Base Closure

5 and Realignment

6 SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN

7 INTRAGOVERNMENT TRANSFERS UNDER 1988

8 BASE CLOSURE LAW.

9 Section 204(b)(2) of the Defense Authorization Amend10 ments and Base Closure and Realignment Act (Public Law

11 100–526; 10 U.S.C. 2687 note), is amended—

12 (1) by redesignating subparagraphs (D) and (E)

13 as subparagraphs (E) and (F), respectively; and

14 (2) by inserting after subparagraph (C) the fol15 lowing new subparagraph:

16 ‘‘(D) The Secretary of Defense may transfer real prop17 erty or facilities located at a military installation to be

18 closed or realigned under this title, with or without reim19 bursement, to a military department or other entity (in20 cluding a nonappropriated fund instrumentality) within

21 the Department of Defense or the Coast Guard.’’.
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1 SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FA2 CILITIES REMAINING ON CLOSED INSTALLA3 TIONS.

4 (a) 1988 LAW.—Section 204(b)(8)(A) of the Defense

5 Authorization Amendments and Base Closure and Realign6 ment Act (title II of Public Law 100–526; 10 U.S.C. 2687

7 note), is amended by inserting ‘‘or at facilities remaining

8 on installations closed under this title’’ after ‘‘under this

9 title’’.

10 (b) 1990 LAW.—Section 2905(b)(8)(A) of the Defense

11 Base Closure and Realignment Act of 1990 (part A of title

12 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), is

13 amended by inserting ‘‘or at facilities remaining on instal14 lations closed under this part’’ after ‘‘under this part’’.

15 SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MANU16 FACTURED HOUSING.

17 (a) 1988 LAW.—Section 204 of the Defense Authoriza18 tion Amendments and Base Closure and Realignment Act

19 (title II of Public Law 100–526; 10 U.S.C. 2687 note), is

20 amended by adding at the end the following new subsection:

21 ‘‘(f) ACQUISITION OF MANUFACTURED HOUSING.—(1)

22 In closing or realigning any military installation under

23 this title, the Secretary may purchase any or all right, title,

24 and interest of a member of the Armed Forces and any

25 spouse of the member in manufactured housing located at

26 a manufactured housing park established at an installation
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1 closed or realigned under this title, or make a payment to

2 the member to relocate the manufactured housing to a suit3 able new site, if the Secretary determines that—

4 ‘‘(A) it is in the best interests of the Federal Gov5 ernment to eliminate or relocate the manufactured

6 housing park; and

7 ‘‘(B) the elimination or relocation of the manu8 factured housing park would result in an unreason9 able financial hardship to the owners of the manufac10 tured housing.

11 ‘‘(2) Any payment made under this subsection shall

12 not exceed 90 percent of the purchase price of the manufac13 tured housing, as paid by the member or any spouse of the

14 member, plus the cost of any permanent improvements sub15 sequently made to the manufactured housing by the member

16 or spouse of the member.

17 ‘‘(3) The Secretary shall dispose of manufactured hous18 ing acquired under this subsection through resale, donation,

19 trade or otherwise within one year of acquisition.’’.

20 (b) 1990 LAW.—Section 2905 of the Defense Base Clo21 sure and Realignment Act of 1990 (part A of title XXIX

22 of Public Law 101–510; 10 U.S.C. 2687 note), is amended

23 by adding at the end the following new subsection:

24 ‘‘(g) ACQUISITION OF MANUFACTURED HOUSING.—(1)

25 In closing or realigning any military installation under
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1 this part, the Secretary may purchase any or all right, title,

2 and interest of a member of the Armed Forces and any

3 spouse of the member in manufactured housing located at

4 a manufactured housing park established at an installation

5 closed or realigned under this part, or make a payment to

6 the member to relocate the manufactured housing to a suit7 able new site, if the Secretary determines that—

8 ‘‘(A) it is in the best interests of the Federal Gov9 ernment to eliminate or relocate the manufactured

10 housing park; and

11 ‘‘(B) the elimination or relocation of the manu12 factured housing park would result in an unreason13 able financial hardship to the owners of the manufac14 tured housing.

15 ‘‘(2) Any payment made under this subsection shall

16 not exceed 90 percent of the purchase price of the manufac17 tured housing, as paid by the member or any spouse of the

18 member, plus the cost of any permanent improvements sub19 sequently made to the manufactured housing by the member

20 or spouse of the member.

21 ‘‘(3) The Secretary shall dispose of manufactured hous22 ing acquired under this subsection through resale, donation,

23 trade or otherwise within one year of acquisition.’’.
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1 SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUSTMENT

2 AND DIVERSIFICATION ASSISTANCE IS AU3 THORIZED.

4 Section 2391(b)(5) of title 10, United States Code, is

5 amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(B) The Secretary of Defense may also make grants,

10 conclude cooperative agreements, and supplement other

11 Federal funds in order to assist a State in enhancing its

12 capacities—

13 ‘‘(i) to assist communities, businesses, and work14 ers adversely affected by an action described in para15 graph (1);

16 ‘‘(ii) to support local adjustment and diversifica17 tion initiatives; and

18 ‘‘(iii) to stimulate cooperation between statewide

19 and local adjustment and diversification efforts.’’.

20 SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED

21 UNDER CERCLA IN CONNECTION WITH

22 LORING AIR FORCE BASE, MAINE.

23 From amounts in the Department of Defense Base Clo24 sure Account 1990 established by section 2906(a)(1) of the

25 Defense Base Closure and Realignment Act of 1990 (part

26 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
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1 note), the Secretary of Defense may expend not more than

2 $50,000 to pay stipulated civil penalties assessed under the

3 Comprehensive Environmental Response, Compensation,

4 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) against

5 Loring Air Force Base, Maine.

6 Subtitle C—Land Conveyances

7 PART I—ARMY CONVEYANCES

8 SEC. 2821. TRANSFER AND EXCHANGE OF JURISDICTION,

9 ARLINGTON NATIONAL CEMETERY, ARLING10 TON, VIRGINIA.

11 (a) TRANSFER OF CERTAIN SECTION 29 LANDS.—(1)

12 The Secretary of the Interior shall transfer to the Secretary

13 of the Army administrative jurisdiction over the following

14 lands located in section 29 of the unit of the National Park

15 System known as Arlington National Cemetery, Virginia:

16 (A) The lands known as the Arlington National

17 Cemetery Interment Zone.

18 (B) The lands known as the Robert E. Lee Me19 morial Preservation Zone, except those lands in the

20 preservation zone that the Secretary of the Interior

21 determines to retain because of the historical signifi22 cance of the lands.

23 (2) The transfer of lands under paragraph (1) shall

24 be carried out in accordance with the Interagency Agree-
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1 ment entered into by the Secretary of the Army and the

2 Secretary of the Interior on February 22, 1995.

3 (b) EXCHANGE OF ADDITIONAL LAND.—(1) The Sec4 retary of the Interior shall transfer to the Secretary of the

5 Army administrative jurisdiction over a parcel of land, in6 cluding any improvements thereon, consisting of approxi7 mately 2.43 acres, located in the Memorial Drive entrance

8 area to Arlington National Cemetery.

9 (2) In exchange for the transfer under paragraph (1),

10 the Secretary of the Army shall transfer to the Secretary

11 of the Interior administrative jurisdiction over a parcel of

12 land, including any improvements thereon, consisting of

13 approximately 0.17 acres, located at Arlington National

14 Cemetery, and known as the Old Administrative Building

15 site. The Secretary of the Army shall grant to the Secretary

16 of the Interior a perpetual right of ingress and egress to

17 the parcel transferred this paragraph.

18 (c) LEGAL DESCRIPTION.—The exact acreage and legal

19 descriptions of the lands to be transferred pursuant to this

20 section shall be determined by surveys satisfactory to the

21 Secretary of the Interior and the Secretary of the Army.

22 The costs of the surveys shall be borne by the Secretary of

23 the Army.
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1 SEC. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER,

2 RUSHVILLE, INDIANA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Army may convey, without consideration, to the City of

5 Rushville, Indiana (in this section referred to as the

6 ‘‘City’’), all right, title, and interest of the United States

7 in and to a parcel of excess real property, including im8 provements thereon, that is located in Rushville, Indiana,

9 and contains the Rushville Army Reserve Center.

10 (b) CONDITION OF CONVEYANCE.—The conveyance au11 thorized under subsection (a) shall be subject to the condi12 tion that the City retain the conveyed property for the use

13 and benefit of the Rushville Police Department.

14 (c) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be borne

18 by the City.

19 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) as

22 the Secretary considers appropriate to protect the interests

23 of the United States.
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1 SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER,

2 ANDERSON, SOUTH CAROLINA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Army may convey, without consideration, to the County of

5 Anderson, South Carolina (in this section referred to as the

6 ‘‘County’’), all right, title, and interest of the United States

7 in and to a parcel of real property, including improvements

8 thereon, that is located at 805 East Whitner Street in An9 derson, South Carolina, and contains an Army Reserve

10 Center.

11 (b) CONDITION OF CONVEYANCE.—The conveyance au12 thorized under subsection (a) shall be subject to the condi13 tion that the County retain the conveyed property for the

14 use and benefit of the Anderson County Department of Edu15 cation.

16 (c) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property to be conveyed

18 under subsection (a) shall be determined by a survey satis19 factory to the Secretary. The cost of the survey shall be borne

20 by the County.

21 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the conveyance under subsection (a) as

24 the Secretary considers appropriate to protect the interests

25 of the United States.
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1 PART II—NAVY CONVEYANCES

2 SEC. 2831. RELEASE OF CONDITION ON RECONVEYANCE OF

3 TRANSFERRED LAND, GUAM.

4 (a) IN GENERAL.—Section 818(b)(2) of the Military

5 Construction Authorization Act, 1981 (Public Law 96–418;

6 94 Stat. 1782), relating to a condition on disposal by Guam

7 of lands conveyed to Guam by the United States, shall have

8 no force or effect and is repealed.

9 (b) EXECUTION OF INSTRUMENTS.—The Secretary of

10 the Navy and the Administrator of General Services shall

11 execute all instruments necessary to implement this section.

12 SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK

13 NAVAL SHIPYARD, VIRGINIA.

14 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

15 the Navy may convey to such private person as the Sec16 retary considers appropriate (in this section referred to as

17 the ‘‘transferee’’) all right, title, and interest of the United

18 States in and to a parcel of real property that is located

19 at the Norfolk Naval Shipyard, Virginia, and, as of the date

20 of the enactment of this Act, is a portion of the property

21 leased to the Norfolk Shipbuilding and Drydock Company

22 pursuant to the Department of the Navy lease N00024–84–

23 L–0004, effective October 1, 1984, as extended.

24 (2) Pending completion of the conveyance authorized

25 by paragraph (1), the Secretary may lease the real property
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1 to the transferee upon such terms as the Secretary considers

2 appropriate.

3 (b) CONSIDERATION.—As consideration for the convey4 ance under subsection (a), including any interim lease au5 thorized by such subsection, the transferee shall—

6 (1) convey to the United States all right, title,

7 and interest to a parcel or parcels of real property,

8 together with any improvements thereon, located in

9 the area of Portsmouth, Virginia, which are deter10 mined to be acceptable to the Secretary; and

11 (2) pay to the Secretary an amount equal to the

12 amount, if any, by which the fair market value of the

13 parcel conveyed by the Secretary under subsection (a)

14 exceeds the fair market value of the parcel conveyed

15 to the United States under paragraph (1).

16 (c) USE OF RENTAL AMOUNTS.—The Secretary may

17 use the amounts received as rent from any lease entered into

18 under the authority of subsection (a)(2) to fund environ19 mental studies of the parcels of real property to be conveyed

20 under this section.

21 (d) IN-KIND CONSIDERATION.—The Secretary and the

22 transferee may agree that, in lieu of all or any part of the

23 consideration required by subsection (b)(2), the transferee

24 may provide and the Secretary may accept the improve25 ment, maintenance, protection, repair, or restoration of real
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1 property under the control of the Secretary in the area of

2 Hampton Roads, Virginia.

3 (e) DETERMINATION OF FAIR MARKET VALUE AND

4 PROPERTY DESCRIPTION.—The Secretary shall determine

5 the fair market value of the parcels of real property to be

6 conveyed under subsections (a) and (b)(1). The exact acre7 age and legal description of the parcels shall be determined

8 by a survey satisfactory to the Secretary. The cost of the

9 survey shall be borne by the transferee.

10 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyances under this section as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 SEC. 2833. LAND CONVEYANCE, CALVERTON PINE BARRENS,

16 NAVAL WEAPONS INDUSTRIAL RESERVE

17 PLANT, CALVERTON, NEW YORK.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

19 Navy may convey, without consideration, to the Depart20 ment of Environmental Conservation of the State of New

21 York (in this section referred to as the ‘‘Department’’), all

22 right, title, and interest of the United States in and to the

23 Calverton Pine Barrens located at the Naval Weapons In24 dustrial Reserve Plant, Calverton, New York.
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1 (b) EFFECT ON OTHER CONVEYANCE AUTHORITY.—

2 The conveyance authorized by this subsection shall not affect

3 the transfer of jurisdiction of a portion of the Calverton

4 Pine Barrens authorized by section 2865 of the Military

5 Construction Authorization Act for Fiscal Year 1996 (divi6 sion B of Public Law 104–106; 110 Stat. 576).

7 (c) CONDITION OF CONVEYANCE.—The conveyance

8 under subsection (a) shall be subject to the condition that

9 the Department agree—

10 (1) to maintain the conveyed property as a na11 ture preserve, as required by section 2854 of the Mili12 tary Construction Authorization Act for Fiscal Year

13 1993 (division B of Public Law 102–484; 106 Stat.

14 2626), as amended by section 2823 of the Military

15 Construction Authorization Act for Fiscal Year 1995

16 (division B of Public Law 103–337; 108 Stat. 3058);

17 (2) to designate the conveyed property as the

18 ‘‘Otis G. Pike Preserve’’; and

19 (3) to continue to allow the level of sporting ac20 tivities on the conveyed property as permitted at the

21 time of the conveyance.

22 (d) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the real property to be conveyed

24 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary. The cost of the survey shall be borne

2 by the Department.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a) as

6 the Secretary considers appropriate to protect the interests

7 of the United States.

8 (f) CALVERTON PINE BARRENS DEFINED.—In this sec9 tion, the term ‘‘Calverton Pine Barrens’’ has the meaning

10 given that term in section 2854(d)(1) of the Military Con11 struction Authorization Act for Fiscal Year 1993 (division

12 B of Public Law 102–484; 106 Stat. 2626).

13 PART III—AIR FORCE CONVEYANCES

14 SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COMPLEX,

15 HOLLOMAN AIR FORCE BASE, NEW MEXICO.

16 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

17 any other provision of law, the Secretary of the Air Force

18 may dispose of all right, title, and interest of the United

19 States in and to the primate research complex at Holloman

20 Air Force Base, New Mexico. The conveyance may include

21 the colony of chimpanzees owned by the Air Force that are

22 housed at or managed from the primate research complex.

23 The conveyance may not include the real property on which

24 the primate research complex is located.
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1 (b) COMPETITIVE PROCEDURES REQUIRED.—The Sec2 retary shall use competitive procedures in making the con3 veyance authorized by subsection (a).

4 (c) CARE AND USE STANDARDS.—As part of the solici5 tation of bids for the conveyance authorized by subsection

6 (a), the Secretary shall develop standards for the care and

7 use of the primate research complex, and of chimpanzees.

8 The Secretary shall develop the standards in consultation

9 with the Secretary of Agriculture and the Director of the

10 National Institutes of Health.

11 (d) CONDITIONS OF CONVEYANCE.—The conveyance

12 authorized by subsection (a) shall be subject to the

13 followings conditions:

14 (1) That the recipient of the primate research

15 complex—

16 (A) utilize any chimpanzees included in the

17 conveyance for scientific research or medical re18 search purposes; or

19 (B) retire and provide adequate care for

20 such chimpanzees.

21 (2) That the recipient of the primate research

22 complex assume from the Secretary any leases at the

23 primate research complex that are in effect at the

24 time of the conveyance.
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1 (e) DESCRIPTION OF COMPLEX.—The exact legal de2 scription of the primate research complex to be conveyed

3 under subsection (a) shall be determined by a survey or

4 other means satisfactory to the Secretary. The cost of any

5 survey or other services performed at the direction of the

6 Secretary under the authority in the preceding sentence

7 shall be borne by the recipient of the primate research com8 plex.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a) as

12 the Secretary considers appropriate to protect the interests

13 of the United States.

14 SEC. 2842. LAND CONVEYANCE, RADAR BOMB SCORING

15 SITE, BELLE FOURCHE, SOUTH DAKOTA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Air Force may convey, without consideration, to the Belle

18 Fourche School District, Belle Fourche, South Dakota (in

19 this section referred to as the ‘‘District’’), all right, title,

20 and interest of the United States in and to a parcel of real

21 property, together with any improvements thereon, consist22 ing of approximately 37 acres located in Belle Fourche,

23 South Dakota, which has served as the location of a support

24 complex and housing facilities for Detachment 21 of the

25 554th Range Squadron, an Air Force Radar Bomb Scoring
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1 Site located in Belle Fourche, South Dakota. The convey2 ance may not include any portion of the radar bomb scor3 ing site located in the State of Wyoming.

4 (b) CONDITION OF CONVEYANCE.—The conveyance au5 thorized under subsection (a) shall be subject to the condi6 tion that the District—

7 (1) use the property and facilities conveyed

8 under such subsection for education, economic devel9 opment, and housing purposes; or

10 (2) enter into an agreement with an appropriate

11 public or private entity to sell or lease the property

12 and facilities to such entity for such purposes.

13 (c) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the property conveyed under this

15 section shall be determined by a survey satisfactory to the

16 Secretary. The cost of the survey shall be borne by the Dis17 trict.

18 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under this section as the

21 Secretary considers appropriate to protect the interests of

22 the United States.
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1 PART IV—OTHER CONVEYANCES

2 SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST

3 SITE, MISSISSIPPI.

4 (a) TRANSFER.—The Secretary of Energy may convey,

5 without compensation, to the State of Mississippi (in this

6 section referred to as the ‘‘State’’) the property known as

7 the Tatum Salt Dome Test Site, as generally depicted on

8 the map of the Department of Energy numbered

9 301913.104.02 and dated June 25, 1993.

10 (b) CONDITION ON CONVEYANCE.—The conveyance

11 under this section shall be subject to the condition that the

12 State use the conveyed property as a wilderness area and

13 working demonstration forest.

14 (c) DESIGNATION.—The property to be conveyed is

15 hereby designated as the ‘‘Jamie Whitten Wilderness Area’’.

16 (d) RETAINED RIGHTS.—The conveyance under this

17 section shall be subject to each of the following rights to be

18 retained by the United States:

19 (1) Retention by the United States of the sub20 surface estate below a specified depth. The specified

21 depth shall be 1000 feet below sea level unless a lesser

22 depth is agreed upon by the Secretary and the State.

23 (2) Retention by the United States of rights of

24 access, by easement or otherwise, for such purposes as

25 the Secretary considers appropriate, including access

26 to monitoring wells for sampling.
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1 (3) Retention by the United States of the right

2 to install wells additional to those identified in the re3 mediation plan for the property to the extent such ad4 ditional wells are considered necessary by the Sec5 retary to monitor potential pathways of contaminant

6 migration. Such wells shall be in such locations as

7 specified by the Secretary.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under this section as the

11 Secretary determines appropriate to protect the interests of

12 the United States.

13 SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL

14 BEARING PLANT, ROLLA, NORTH DAKOTA.

15 (a) AUTHORITY TO CONVEY.—The Administrator of

16 General Services may convey, without consideration, to the

17 Job Development Authority of the City of Rolla, North Da18 kota (in this section referred to as the ‘‘Authority’’), all

19 right, title, and interest of the United States in and to a

20 parcel of real property, with improvements thereon and all

21 associated personal property, consisting of approximately

22 9.77 acres and comprising the William Langer Jewel Bear23 ing Plant in Rolla, North Dakota.
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1 (b) CONDITION OF CONVEYANCE.—The conveyance au2 thorized under subsection (a) shall be subject to the condi3 tion that the Authority—

4 (1) use the real and personal property and im5 provements conveyed under that subsection for eco6 nomic development relating to the jewel bearing

7 plant;

8 (2) enter into an agreement with an appropriate

9 public or private entity or person to lease such prop10 erty and improvements to that entity or person for

11 such economic development; or

12 (3) enter into an agreement with an appropriate

13 public or private entity or person to sell such prop14 erty and improvements to that entity or person for

15 such economic development.

16 (c) PREFERENCE FOR DOMESTIC DISPOSAL OF JEWEL

17 BEARINGS.—(1) In offering to enter into agreements pursu18 ant to any provision of law for the disposal of jewel bear19 ings from the National Defense Stockpile, the President

20 shall give a right of first refusal on all such offers to the

21 Authority or to the appropriate public or private entity or

22 person with which the Authority enters into an agreement

23 under subsection (b).

24 (2) For the purposes of this section, the term ‘‘National

25 Defense Stockpile’’ means the stockpile provided for in sec-
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1 tion 4 of the Strategic and Critical Materials Stock Piling

2 Act (50 U.S.C. 98(c)).

3 (d) AVAILABILITY OF FUNDS FOR MAINTENANCE AND

4 CONVEYANCE OF PLANT.—Notwithstanding any other pro5 vision of law, funds available in fiscal year 1995 for the

6 maintenance of the William Langer Jewel Bearing Plant

7 in Public Law 103–335 shall be available for the mainte8 nance of that plant in fiscal year 1996, pending convey9 ance, and for the conveyance of that plant under this sec10 tion.

11 (e) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the property conveyed under this

13 section shall be determined by a survey satisfactory to the

14 Administrator. The cost of the survey shall be borne by the

15 Administrator.

16 (f) ADDITIONAL TERMS AND CONDITIONS.—The Ad17 ministrator may require such additional terms and condi18 tions in connection with the conveyance under this section

19 as the Administrator determines appropriate to protect the

20 interests of the United States.

21 Subtitle D—Other Matters

22 SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.

23 Section 2668(a) of title 10, United States Code, is

24 amended—
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1 (1) by striking out ‘‘and’’ at the end of para2 graph (9);

3 (2) by redesignating paragraph (10) as para4 graph (12);

5 (3) in paragraph (12), as so redesignated, by

6 striking out ‘‘or by the Act of March 4, 1911 (43

7 U.S.C. 961)’’; and

8 (4) by inserting after paragraph (9) the follow9 ing new paragraph:

10 ‘‘(10) poles and lines for the transmission and

11 distribution of electrical power;

12 ‘‘(11) poles and lines for communication pur13 poses, and for radio, television, and other forms of

14 communication transmitting, relay, and receiving

15 structures and facilities; and’’.

16 SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE

17 AGREEMENTS FOR THE MANAGEMENT OF

18 CULTURAL RESOURCES ON MILITARY INSTAL19 LATIONS.

20 (a) AGREEMENTS AUTHORIZED.—Chapter 159 of title

21 10, United States Code, is amended by inserting after sec22 tion 2683 the following new section:
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1 ‘‘§ 2684. Cooperative agreements for management of

2 cultural resources

3 ‘‘(a) AUTHORITY.—The Secretary of Defense or the

4 Secretary of a military department may enter into a coop5 erative agreement with a State, local government, or other

6 entity for the preservation, management, maintenance, and

7 improvement of cultural resources on military installations

8 and for the conducting of research regarding the cultural

9 resources. Activities under the cooperative agreement shall

10 be subject to the availability of funds to carry out the coop11 erative agreement.

12 ‘‘(b) APPLICATION OF OTHER LAWS.—Section 1535

13 and chapter 63 of title 31 shall not apply to a cooperative

14 agreement entered into under this section.

15 ‘‘(c) CULTURAL RESOURCE DEFINED.—In this section,

16 the term ‘cultural resource’ means any of the following:

17 ‘‘(1) Any building, structure, site, district, or ob18 ject included in or eligible for inclusion in the Na19 tional Register of Historic Places under section 101

20 of the National Historic Preservation Act (16 U.S.C.

21 470a).

22 ‘‘(2) Cultural items, as defined in section 2(3) of

23 the Native American Graves Protection and Repatri24 ation Act (25 U.S.C. 3001(3)).
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1 ‘‘(3) An archaeological resource, as defined in

2 section 3(1) of the Archaeological Resources Protection

3 Act of 1979 (16 U.S.C. 470bb(1)).

4 ‘‘(4) Archaeological artifact collections and asso5 ciated records, as defined in section 79 of title 36,

6 Code of Federal Regulations.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of such chapter is amended by inserting after

9 the item relating to section 2683 the following new item:

‘‘2684. Cooperative agreements for management of cultural resources.’’.

10 SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION

11 AND OPERATION OF ELECTRIC POWER DIS12 TRIBUTION SYSTEM AT YOUNGSTOWN AIR RE13 SERVE STATION, OHIO.

14 (a) AUTHORITY.—The Secretary of the Air Force may

15 carry out a demonstration project to assess the feasibility

16 and advisability of permitting private entities to install,

17 operate, and maintain electric power distribution systems

18 at military installations. The Secretary shall carry out the

19 demonstration project through an agreement under sub20 section (b).

21 (b) AGREEMENT.—(1) In order to carry out the dem22 onstration project, the Secretary shall enter into an agree23 ment with an electric utility or other company in the

24 Youngstown, Ohio, area, consistent with State law, under

25 which the utility or company installs, operates, and main-
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1 tains (in a manner satisfactory to the Secretary and the

2 utility or company) an electric power distribution system

3 at Youngstown Air Reserve Station, Ohio.

4 (2) The Secretary may not enter into an agreement

5 under this subsection until—

6 (A) the Secretary submits to the congressional

7 defense committees a report on the agreement to be en8 tered into, including the costs to be incurred by the

9 United States under the agreement; and

10 (B) a period of 30 days has elapsed from the

11 date of the receipt of the report by the committees.

12 (c) LICENSES AND EASEMENTS.—In order to facilitate

13 the installation, operation, and maintenance of the electric

14 power distribution system under the agreement under sub15 section (b), the Secretary may grant the utility or company

16 with which the Secretary enters into the agreement such li17 censes, easements, and rights-of-way, consistent with State

18 law, as the Secretary and the utility or company jointly

19 determine necessary for such purposes.

20 (d) OWNERSHIP OF SYSTEM.—The agreement between

21 the Secretary and the utility or company under subsection

22 (b) may provide that the utility or company shall own the

23 electric power distribution system installed under the agree24 ment.
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1 (e) RATE.—The rate charged by the utility or company

2 for providing and distributing electric power at Youngs3 town Air Reserve Station through the electric power dis4 tribution system installed under the agreement under sub5 section (b) shall be the rate established by the appropriate

6 Federal or State regulatory authority.

7 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions

9 in the agreement under subsection (b) as the Secretary con10 siders appropriate to protect the interests of the United

11 States.

12 SEC. 2864. DESIGNATION OF MICHAEL O’CALLAGHAN MILI13 TARY HOSPITAL.

14 (a) DESIGNATION.—The Nellis Federal Hospital, a

15 Federal building located at 4700 North Las Vegas Boule16 vard, Las Vegas, Nevada, shall be known and designated

17 as the ‘‘Michael O’Callaghan Military Hospital’’.

18 (b) REFERENCES.—Any reference in a law, map, regu19 lation, document, paper, or other record of the United

20 States to the Federal building referred to in subsection (a)

21 shall be deemed to be a reference to the ‘‘Michael

22 O’Callaghan Military Hospital’’.
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1 TITLE XXIX—MILITARY LAND

2 WITHDRAWALS

3 Subtitle A—Fort Carson-Pinon

4 Canyon Military Lands Withdrawal

5 SEC. 2901. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Fort Carson-Pinon

7 Canyon Military Lands Withdrawal Act’’.

8 SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT

9 FORT CARSON MILITARY RESERVATION.

10 (a) WITHDRAWAL.—Subject to valid existing rights

11 and except as otherwise provided in this subtitle, the lands

12 at the Fort Carson Military Reservation, Colorado, that are

13 described in subsection (c) are hereby withdrawn from all

14 forms of appropriation under the public land laws, includ15 ing the mining laws, the mineral and geothermal leasing

16 laws, and the mineral materials disposal laws.

17 (b) RESERVATION.—The lands withdrawn under sub18 section (a) are reserved for use by the Secretary of the

19 Army—

20 (1) for military maneuvering, training and

21 weapons firing; and

22 (2) for other defense related purposes consistent

23 with the uses specified in paragraph (1).

24 (c) LAND DESCRIPTION.—The lands referred to in sub25 section (a) comprise 3,133.02 acres of public land and
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1 11,415.16 acres of federally-owned minerals in El Paso,

2 Pueblo, and Fremont Counties, Colorado, as generally de3 picted on the map entitled ‘‘Fort Carson Proposed With4 drawal—Fort Carson Base’’, dated February 6, 1992, and

5 published in accordance with section 4.

6 SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT

7 PINON CANYON MANEUVER SITE.

8 (a) WITHDRAWAL.—Subject to valid existing rights

9 and except as otherwise provided in this subtitle, the lands

10 at the Pinon Canyon Maneuver Site, Colorado, that are de11 scribed in subsection (c) are hereby withdrawn from all

12 forms of appropriation under the public land laws, includ13 ing the mining laws, the mineral and geothermal leasing

14 laws, and the mineral materials disposal laws.

15 (b) RESERVATION.—The lands withdrawn under sub16 section (a) are reserved for use by the Secretary of the

17 Army—

18 (1) for military maneuvering and training; and

19 (2) for other defense related purposes consistent

20 with the uses specified in paragraph (1).

21 (c) LAND DESCRIPTION.—The lands referred to in sub22 section (a) comprise 2,517.12 acres of public lands and

23 130,139 acres of federally-owned minerals in Las Animas

24 County, Colorado, as generally depicted on the map entitled

25 ‘‘Fort Carson Proposed Withdrawal—Fort Carson Maneu-
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1 ver Area—Pinon Canyon site’’, dated February 6, 1992,

2 and published in accordance with section 2904.

3 SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.

4 (a) PREPARATION OF MAPS AND LEGAL DESCRIP5 TION.—As soon as practicable after the date of the enact6 ment of this subtitle, the Secretary of the Interior shall pre7 pare maps depicting the lands withdrawn and reserved by

8 this subtitle and publish in the Federal Register a notice

9 containing the legal description of such lands.

10 (b) LEGAL EFFECT.—Such maps and legal descrip11 tions shall have the same force and effect as if they were

12 included in this subtitle, except that the Secretary of the

13 Interior may correct clerical and typographical errors in

14 such maps and legal descriptions.

15 (c) AVAILABILITY OF MAPS AND LEGAL DESCRIP16 TION.—Copies of such maps and legal descriptions shall be

17 available for public inspection in the offices of the Colorado

18 State Director and the Canon City District Manager of the

19 Bureau of Land Management and in the offices of the Com20 mander of Fort Carson, Colorado.

21 (d) COSTS.—The Secretary of the Army shall reim22 burse the Secretary of the Interior for the costs of imple23 menting this section.

24 SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.

25 (a) MANAGEMENT GUIDELINES.—
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1 (1) MANAGEMENT BY SECRETARY OF THE

2 ARMY.—Except as provided in section 6, during the

3 period of withdrawal, the Secretary of the Army shall

4 manage for military purposes the lands covered by

5 this subtitle and may authorize use of the lands by

6 the other military departments and agencies of the

7 Department of Defense, and the National Guard, as

8 appropriate.

9 (2) ACCESS RESTRICTIONS.—When military op10 erations, public safety, or national security, as deter11 mined by the Secretary of the Army, require the clo12 sure of roads and trails on the lands withdrawn by

13 this subtitle commonly in public use, the Secretary of

14 the Army is authorized to take such action, except

15 that such closures shall be limited to the minimum

16 areas and periods required for the purposes specified

17 in this subsection. Appropriate warning notices shall

18 be kept posted during closures.

19 (3) SUPPRESSION OF FIRES.—The Secretary of

20 the Army shall take necessary precautions to prevent

21 and suppress brush and range fires occurring within

22 and outside the lands as a result of military activities

23 and may seek assistance from the Bureau of Land

24 Management in suppressing such fires. The memoran25 dum of understanding required by this section shall
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1 provide for Bureau of Land Management assistance

2 in the suppression of such fires, and for a transfer of

3 funds from the Department of the Army to the Bu4 reau of Land Management as compensation for such

5 assistance.

6 (b) MANAGEMENT PLAN.—

7 (1) DEVELOPMENT REQUIRED.—The Secretary of

8 the Army, with the concurrence of the Secretary of the

9 Interior, shall develop a plan for the management of

10 acquired lands and lands withdrawn under sections

11 2902 and 2903 for the period of withdrawal. The plan

12 shall—

13 (A) be consistent with applicable law;

14 (B) include such provisions as may be nec15 essary for proper resource management and pro16 tection of the natural, cultural, and other re17 sources and values of such lands; and

18 (C) identify those withdrawn and acquired

19 lands, if any, which are to be open to mining or

20 mineral and geothermal leasing, including min21 eral materials disposal.

22 (2) TIME FOR DEVELOPMENT.—The management

23 plan required by this subsection shall be developed not

24 later than 5 years after the date of the enactment of

25 this subtitle.
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1 (c) IMPLEMENTATION OF MANAGEMENT PLAN.—

2 (1) MEMORANDUM OF UNDERSTANDING RE3 QUIRED.—The Secretary of the Army and the Sec4 retary of the Interior shall enter into a memorandum

5 of understanding to implement the management plan

6 developed under subsection (b).

7 (2) DURATION.—The duration of any such

8 memorandum of understanding shall be the same as

9 the period of withdrawal specified in section 8(a).

10 (3) AMENDMENT.—The memorandum of under11 standing may be amended by agreement of both Sec12 retaries.

13 (d) USE OF CERTAIN RESOURCES.—The Secretary of

14 the Army is authorized to utilize sand, gravel, or similar

15 mineral or mineral material resources from the lands with16 drawn by this subtitle when the use of such resources is re17 quired for construction needs of the Fort Carson Reserva18 tion or Pinon Canyon Maneuver Site.

19 SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED

20 MINERAL RESOURCES.

21 Except as provided in section 2905(d), the Secretary

22 of the Interior shall manage all withdrawn and acquired

23 mineral resources within the boundaries of the Fort Carson

24 Military Reservation and Pinon Canyon Maneuver Site in

25 the same manner as provided in section 12 of the Military
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1 Lands Withdrawal Act of 1986 (Public Law 99–606; 100

2 Stat. 3466) for mining and mineral leasing on certain

3 lands withdrawn by that Act from all forms of appropria4 tion under the public land laws.

5 SEC. 2907. HUNTING, FISHING, AND TRAPPING.

6 All hunting, fishing, and trapping on the lands with7 drawn and reserved by this subtitle shall be conducted in

8 accordance with section 2671 of title 10, United States

9 Code.

10 SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVA11 TION.

12 (a) TERMINATION DATE.—The withdrawal and res13 ervation made by this subtitle shall terminate 15 years after

14 the date of the enactment of this subtitle.

15 (b) DETERMINATION OF CONTINUING MILITARY

16 NEED.—

17 (1) DETERMINATION REQUIRED.—At least three

18 years before the termination under subsection (a) of

19 the withdrawal and reservation established by this

20 subtitle, the Secretary of the Army shall advise the

21 Secretary of the Interior as to whether or not the De22 partment of the Army will have a continuing mili23 tary need for any of the lands after the termination

24 date.
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1 (2) METHOD OF MAKING DETERMINATION.—If

2 the Secretary of the Army concludes under paragraph

3 (1) that there will be a continuing military need for

4 any of the lands after the termination date established

5 by subsection (a), the Secretary of the Army, in ac6 cordance with applicable law, shall—

7 (A) evaluate the environmental effects of re8 newal of such withdrawal and reservation;

9 (B) hold at least one public hearing in Col10 orado concerning such evaluation; and

11 (C) file, after completing the requirements

12 of subparagraphs (A) and (B), an application

13 for extension of the withdrawal and reservation

14 of such lands in accordance with the regulations

15 and procedures of the Department of the Interior

16 applicable to the extension of withdrawals for

17 military uses.

18 (3) NOTIFICATION.—The Secretary of the Inte19 rior shall notify the Congress concerning a filing

20 under paragraph (3)(C).

21 (c) EARLY RELINQUISHMENT OF WITHDRAWAL.—If

22 the Secretary of the Army concludes under subsection (b)

23 that before the termination date established by subsection

24 (a) there will be no military need for all or any part of

25 the lands withdrawn and reserved by this subtitle, or if,
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1 during the period of withdrawal, the Secretary of the Army

2 otherwise decides to relinquish any or all of the lands with3 drawn and reserved under this subtitle, the Secretary of the

4 Army shall file with the Secretary of the Interior a notice

5 of intention to relinquish such lands.

6 (d) ACCEPTANCE OF LANDS PROPOSED FOR RELIN7 QUISHMENT.—Notwithstanding any other provision of law,

8 the Secretary of the Interior, upon deciding that it is in

9 the public interest to accept jurisdiction over the lands pro10 posed for relinquishment, may revoke the withdrawal and

11 reservation established by this subtitle as it applies to the

12 lands proposed for relinquishment. Should the decision be

13 made to revoke the withdrawal and reservation, the Sec14 retary of the Interior shall publish in the Federal Register

15 an appropriate order which shall—

16 (1) terminate the withdrawal and reservation;

17 (2) constitute official acceptance of full jurisdic18 tion over the lands by the Secretary of the Interior;

19 and

20 (3) state the date upon which the lands will be

21 opened to the operation of the public land laws, in22 cluding the mining laws if appropriate.
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1 SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINA2 TION AND EFFECT OF CONTAMINATION.

3 (a) DETERMINATION OF PRESENCE OF CONTAMINA4 TION.—

5 (1) BEFORE RELINQUISHMENT NOTICE.—Before

6 filing a relinquishment notice under section 2908(c),

7 the Secretary of the Army shall prepare a written de8 termination as to whether and to what extent the

9 lands to be relinquished are contaminated with explo10 sive, toxic, or other hazardous materials. A copy of

11 the determination made by the Secretary of the Army

12 shall be supplied with the relinquishment notice. Cop13 ies of both the relinquishment notice and the deter14 mination under this subsection shall be published in

15 the Federal Register by the Secretary of the Interior.

16 (2) UPON TERMINATION OF WITHDRAWAL.—At

17 the expiration of the withdrawal period made by this

18 Act, the Secretary of the Interior shall determine

19 whether and to what extent the lands withdrawn by

20 this subtitle are contaminated to an extent which pre21 vents opening such contaminated lands to operation

22 of the public land laws.

23 (b) PROGRAM OF DECONTAMINATION.—

24 (1) IN GENERAL.—Throughout the duration of

25 the withdrawal and reservation made by this subtitle,

26 the Secretary of the Army, to the extent funds are
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1 made available, shall maintain a program of decon2 tamination of the lands withdrawn by this subtitle at

3 least at the level of effort carried out during fiscal

4 year 1992.

5 (2) DECONTAMINATION OF LANDS TO BE RELIN6 QUISHED.—In the case of lands subject to a relin7 quishment notice under section 2908(c) that are con8 taminated, the Secretary of the Army shall decon9 taminate the land to the extent that funds are appro10 priated for such purpose if the Secretary of the Inte11 rior, in consultation with the Secretary of the Army,

12 determines that—

13 (A) decontamination of the lands is prac14 ticable and economically feasible, taking into

15 consideration the potential future use and value

16 of the land; and

17 (B) upon decontamination, the land could

18 be opened to the operation of some or all of the

19 public land laws, including the mining laws.

20 (c) AUTHORITY OF SECRETARY OF THE INTERIOR TO

21 REFUSE CONTAMINATED LANDS.—The Secretary of the In22 terior shall not be required to accept lands proposed for re23 linquishment if the Secretary of the Army and the Secretary

24 of the Interior conclude that—
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1 (1) decontamination of any or all of the lands

2 proposed for relinquishment is not practicable or eco3 nomically feasible;

4 (2) the lands cannot be decontaminated suffi5 ciently to allow them to be opened to the operation of

6 the public land laws; or

7 (3) insufficient funds are appropriated for the

8 purpose of decontaminating the lands.

9 (d) EFFECT OF CONTINUED CONTAMINATION.—If the

10 Secretary of the Interior declines under subsection (c) to

11 accept jurisdiction of lands proposed for relinquishment or

12 if the Secretary of the Interior determines under subsection

13 (a)(2) that some of the lands withdrawn by this subtitle

14 are contaminated to an extent that prevents opening the

15 contaminated lands to operation of the public land laws—

16 (1) the Secretary of the Army shall take appro17 priate steps to warn the public of the contaminated

18 state of such lands and any risks associated with

19 entry onto such lands;

20 (2) after the expiration of the withdrawal, the

21 Secretary of the Army shall undertake no activities on

22 such lands except in connection with decontamination

23 of such lands; and

24 (3) the Secretary of the Army shall report to the

25 Secretary of the Interior and to the Congress concern-
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1 ing the status of such lands and all actions taken

2 under paragraphs (1) and (2).

3 (e) EFFECT OF SUBSEQUENT DECONTAMINATION.—If

4 the lands described in subsection (d) are subsequently decon5 taminated, upon certification by the Secretary of the Army

6 that the lands are safe for all nonmilitary uses, the Sec7 retary of the Interior shall reconsider accepting jurisdiction

8 over the lands.

9 (f) EFFECT ON OTHER LAWS.—Nothing in this subtitle

10 shall affect, or be construed to affect, the obligations of the

11 Secretary of the Army, if any, to decontaminate lands with12 drawn by this subtitle pursuant to applicable law, includ13 ing the Comprehensive Environmental Response Compensa14 tion and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and

15 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

16 SEC. 2910. DELEGATION.

17 The functions of the Secretary of the Army under this

18 subtitle may be delegated. The functions of the Secretary

19 of the Interior under this subtitle may be delegated, except

20 that the order referred to in section 2908(d) may be ap21 proved and signed only by the Secretary of the Interior,

22 the Deputy Secretary of the Interior, or an Assistant Sec23 retary of the Department of the Interior.
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1 SEC. 2911. HOLD HARMLESS.

2 Any party conducting any mining, mineral, or geo3 thermal leasing activity on lands comprising the Fort Car4 son Reservation or Pinon Canyon Maneuver Site shall in5 demnify the United States against any costs, fees, damages,

6 or other liabilities (including costs of litigation) incurred

7 by the United States and arising from or relating to such

8 mining activities, including costs of mineral materials dis9 posal, whether arising under the Comprehensive Environ10 mental Response Compensation and Liability Act of 1980,

11 the Solid Waste Disposal Act, or otherwise.

12 SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL

13 ACT OF 1986.

14 (a) USE OF CERTAIN RESOURCES.—Section 3(f) of the

15 Military Lands Withdrawal Act of 1986 (Public Law 99–

16 606; 100 Stat. 3461) is amended by adding at the end the

17 following new paragraph:

18 ‘‘(2) Subject to valid existing rights, the Secretary of

19 the military department concerned may utilize sand, grav20 el, or similar mineral or material resources when the use

21 of such resources is required for construction needs on the

22 respective lands withdrawn by this Act.’’.

23 (b) TECHNICAL CORRECTION.—Section 9(b) of the

24 Military Lands Withdrawal Act of 1986 (Public Law 99–

25 606; 100 Stat. 3466) is amended by striking ‘‘section 7(f)’’

26 and inserting in lieu thereof ‘‘section 8(f)’’.
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1 SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.

2 There are hereby authorized to be appropriated such

3 sums as may be necessary to carry out the purposes of this

4 subtitle.

5 Subtitle B—El Centro Naval Air

6 Facility Ranges Withdrawal

7 SEC. 2921. SHORT TITLE AND DEFINITIONS.

8 (a) SHORT TITLE.—This subtitle may be cited as the

9 ‘‘El Centro Naval Air Facility Ranges Withdrawal Act’’.

10 (b) DEFINITIONS.—In this subtitle:

11 (1) The term ‘‘El Centro’’ means the Naval Air

12 Facility, El Centro, California.

13 (2) The term ‘‘cooperative agreement’’ means the

14 cooperative agreement entered into between the Bu15 reau of Land Management, the Bureau of Reclama16 tion, and the Department of the Navy, dated June 29,

17 1987, with regard to the defense-related uses of Fed18 eral lands to further the mission of El Centro.

19 (3) The term ‘‘relinquishment notice’’ means a

20 notice of intention by the Secretary of the Navy under

21 section 2928(a) to relinquish, before the termination

22 date specified in section 2925, the withdrawal and

23 reservation of certain lands withdrawn under this

24 subtitle.
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1 SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR

2 EL CENTRO.

3 (a) WITHDRAWALS.—Subject to valid existing rights,

4 and except as otherwise provided in this subtitle, the Fed5 eral lands utilized in the mission of the Naval Air Facility,

6 El Centro, California, that are described in subsection (c)

7 are hereby withdrawn from all forms of appropriation

8 under the public land laws, including the mining laws, but

9 not the mineral leasing or geothermal leasing laws or the

10 mineral materials sales laws.

11 (b) RESERVATION.—The lands withdrawn under sub12 section (a) are reserved for the use by the Secretary of the

13 Navy—

14 (1) for defense-related purposes in accordance

15 with the cooperative agreement; and

16 (2) subject to notice to the Secretary of the Inte17 rior under section 2924(e), for other defense-related

18 purposes determined by the Secretary of the Navy.

19 (c) DESCRIPTION OF WITHDRAWN LANDS.—The lands

20 withdrawn and reserved under subsection (a) are—

21 (1) the Federal lands comprising approximately

22 46,600 acres in Imperial County, California, as gen23 erally depicted in part on a map entitled ‘‘Exhibit A,

24 Naval Air Facility, El Centro, California, Land Ac25 quisition Map, Range 2510 (West Mesa)’’ and dated

26 March 1993 and in part on a map entitled ‘‘Exhibit
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1 B, Naval Air Facility, El Centro, California, Land

2 Acquisition Map Range 2512 (East Mesa)’’ and dated

3 March 1993; and

4 (2) and all other areas within the boundaries of

5 such lands as depicted on such maps that may become

6 subject to the operation of the public land laws.

7 SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.

8 (a) PUBLICATION AND FILING REQUIREMENTS.—As

9 soon as practicable after the date of the enactment of this

10 subtitle, the Secretary of the Interior shall—

11 (1) publish in the Federal Register a notice con12 taining the legal description of the lands withdrawn

13 and reserved under this subtitle; and

14 (2) file maps and the legal description of the

15 lands withdrawn and reserved under this subtitle

16 with the Committee on Energy and Natural Resources

17 of the Senate and with the Committee on Resources

18 of the House of Representatives.

19 (b) LEGAL EFFECT.—The maps and legal description

20 prepared under subsection (a) shall have the same force and

21 effect as if they were included in this subtitle, except that

22 the Secretary of the Interior may correct clerical and typo23 graphical errors in the maps and legal description.
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1 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of

2 the maps and legal description prepared under subsection

3 (a) shall be available for public inspection in—

4 (1) the Office of the State Director, California

5 State Office of the Bureau of Land Management, Sac6 ramento, California;

7 (2) the Office of the District Manager, California

8 Desert District of the Bureau of Land Management,

9 Riverside, California; and

10 (3) the Office of the Commanding Officer, Ma11 rine Corps Air Station, Yuma, Arizona.

12 (d) REIMBURSEMENT.—The Secretary of Navy shall

13 reimburse the Secretary of the Interior for the cost of imple14 menting this section.

15 SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.

16 (a) MANAGEMENT CONSISTENT WITH COOPERATIVE

17 AGREEMENT.—The lands and resources shall be managed

18 in accordance with the cooperative agreement, revised as

19 necessary to conform to the provisions of this subtitle. The

20 parties to the cooperative agreement shall review the cooper21 ative agreement for conformance with this subtitle and

22 amend the cooperative agreement, if appropriate, within

23 120 days after the date of the enactment of this subtitle.

24 The term of the cooperative agreement shall be amended so

25 that its duration is at least equal to the duration of the
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1 withdrawal made by section 2925. The cooperative agree2 ment may be reviewed and amended by the managing agen3 cies as necessary.

4 (b) MANAGEMENT BY SECRETARY OF THE INTERIOR.—

5 (1) GENERAL MANAGEMENT AUTHORITY.—Dur6 ing the period of withdrawal, the Secretary of the In7 terior shall manage the lands withdrawn and reserved

8 under this subtitle pursuant to the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 1701 et

10 seq.) and other applicable laws, including this sub11 title.

12 (2) SPECIFIC AUTHORITIES.—To the extent con13 sistent with applicable laws, Executive orders, and

14 the cooperative agreement, the lands withdrawn and

15 reserved under this subtitle may be managed in a

16 manner permitting—

17 (A) protection of wildlife and wildlife habi18 tat;

19 (B) control of predatory and other animals;

20 (C) the prevention and appropriate sup21 pression of brush and range fires resulting from

22 nonmilitary activities; and

23 (D) geothermal leasing and development

24 and related power production, mineral leasing

25 and development, and mineral material sales.
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1 (3) EFFECT OF WITHDRAWAL.—The Secretary of

2 the Interior shall manage the lands withdrawn and

3 reserved under this subtitle, in coordination with the

4 Secretary of the Navy, such that all nonmilitary use

5 of such lands, including the uses described in para6 graph (2), shall be subject to such conditions and re7 strictions as may be necessary to permit the military

8 use of such lands for the purposes specified in the co9 operative agreement or authorized pursuant to this

10 subtitle.

11 (c) CERTAIN ACTIVITIES SUBJECT TO CONCURRENCE

12 OF NAVY.—The Secretary of the Interior may issue a lease,

13 easement, right-of-way, or other authorization with respect

14 to the nonmilitary use of the withdrawn lands only with

15 the concurrence of the Secretary of the Navy and under the

16 terms of the cooperative agreement.

17 (d) ACCESS RESTRICTIONS.—If the Secretary of the

18 Navy determines that military operations, public safety, or

19 national security require the closure to public use of any

20 road, trail, or other portion of the lands withdrawn under

21 this subtitle, the Secretary may take such action as the Sec22 retary determines necessary or desirable to effect and main23 tain such closure. Any such closure shall be limited to the

24 minimum areas and periods which the Secretary of the

25 Navy determines are required to carry out this subsection.
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1 Before and during any closure under this subsection, the

2 Secretary of the Navy shall keep appropriate warning no3 tices posted and take appropriate steps to notify the public

4 concerning such closures.

5 (e) ADDITIONAL MILITARY USES.—Lands withdrawn

6 under this subtitle may be used for defense-related uses other

7 than those specified in the cooperative agreement. The Sec8 retary of the Navy shall promptly notify the Secretary of

9 the Interior in the event that the lands withdrawn under

10 this subtitle will be used for additional defense-related pur11 poses. Such notification shall indicate the additional use

12 or uses involved, the proposed duration of such uses, and

13 the extent to which such additional military uses of the

14 withdrawn lands will require that additional or more strin15 gent conditions or restrictions be imposed on otherwise-per16 mitted nonmilitary uses of all or any portion of the with17 drawn lands.

18 SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.

19 The withdrawal and reservation made under this sub20 title shall terminate 25 years after the date of the enactment

21 of this subtitle.

22 SEC. 2926. CONTINUATION OF ONGOING DECONTAMINA23 TION ACTIVITIES.

24 Throughout the duration of the withdrawal and res25 ervation made under this subtitle, and subject to the avail-
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1 ability of funds, the Secretary of the Navy shall maintain

2 a program of decontamination of the lands withdrawn

3 under this subtitle at least at the level of decontamination

4 activities performed on such lands in fiscal year 1995. Such

5 activities shall be subject to applicable laws, such as the

6 amendments made by the Federal Facility Compliance Act

7 of 1992 (Public Law 102–386; 106 Stat. 1505) and the De8 fense Environmental Restoration Program established

9 under section 2701 of title 10, United States Code.

10 SEC. 2927. REQUIREMENTS FOR EXTENSION.

11 (a) NOTICE OF CONTINUED MILITARY NEED.—Not

12 later than five years before the termination date specified

13 in section 2925, the Secretary of the Navy shall advise the

14 Secretary of the Interior as to whether or not the Navy will

15 have a continuing military need for any or all of the lands

16 withdrawn and reserved under this subtitle after the termi17 nation date.

18 (b) APPLICATION FOR EXTENSION.—If the Secretary

19 of the Navy determines that there will be a continuing mili20 tary need for any or all of the withdrawn lands after the

21 termination date specified in section 2925, the Secretary

22 of the Navy shall file an application for extension of the

23 withdrawal and reservation of the lands in accordance with

24 the then existing regulations and procedures of the Depart25 ment of the Interior applicable to extension of withdrawal
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1 of lands for military purposes and that are consistent with

2 this subtitle. Such application shall be filed with the De3 partment of the Interior not later than four years before

4 the termination date.

5 (c) EXTENSION PROCESS.—The withdrawal and res6 ervation established by this subtitle may not be extended

7 except by an Act or Joint Resolution of Congress.

8 SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.

9 (a) FILING OF RELINQUISHMENT NOTICE.—If, during

10 the period of withdrawal and reservation specified in sec11 tion 2925, the Secretary of the Navy decides to relinquish

12 all or any portion of the lands withdrawn and reserved

13 under this subtitle, the Secretary of the Navy shall file a

14 notice of intention to relinquish with the Secretary of the

15 Interior.

16 (b) DETERMINATION OF PRESENCE OF CONTAMINA17 TION.—Before transmitting a relinquishment notice under

18 subsection (a), the Secretary of the Navy, in consultation

19 with the Secretary of the Interior, shall prepare a written

20 determination concerning whether and to what extent the

21 lands to be relinquished are contaminated with explosive,

22 toxic, or other hazardous wastes and substances. A copy of

23 such determination shall be transmitted with the relinquish24 ment notice.
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1 (c) DECONTAMINATION AND REMEDIATION.—In the

2 case of contaminated lands which are the subject of a relin3 quishment notice, the Secretary of the Navy shall decon4 taminate or remediate the land to the extent that funds are

5 appropriated for such purpose if the Secretary of the Inte6 rior, in consultation with the Secretary of the Navy, deter7 mines that—

8 (1) decontamination or remediation of the lands

9 is practicable and economically feasible, taking into

10 consideration the potential future use and value of the

11 land; and

12 (2) upon decontamination or remediation, the

13 land could be opened to the operation of some or all

14 of the public land laws, including the mining laws.

15 (d) DECONTAMINATION AND REMEDIATION ACTIVITIES

16 SUBJECT TO OTHER LAWS.—The activities of the Secretary

17 of the Navy under subsection (c) are subject to applicable

18 laws and regulations, including the Defense Environmental

19 Restoration Program established under section 2701 of title

20 10, United States Code, the Comprehensive Environmental

21 Response Compensation and Liability Act of 1980 (42

22 U.S.C. 9601 et seq.), and the Solid Waste Disposal Act (42

23 U.S.C. 6901 et seq.).

24 (e) AUTHORITY OF SECRETARY OF THE INTERIOR TO

25 REFUSE CONTAMINATED LANDS.—The Secretary of the In-
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1 terior shall not be required to accept lands specified in a

2 relinquishment notice if the Secretary of the Interior, after

3 consultation with the Secretary of the Navy, concludes

4 that—

5 (1) decontamination or remediation of any land

6 subject to the relinquishment notice is not practicable

7 or economically feasible;

8 (2) the land cannot be decontaminated or reme9 diated sufficiently to be opened to operation of some

10 or all of the public land laws; or

11 (3) a sufficient amount of funds are not appro12 priated for the decontamination of the land.

13 (f) STATUS OF CONTAMINATED LANDS.—If, because of

14 the condition of the lands, the Secretary of the Interior de15 clines to accept jurisdiction of lands proposed for relin16 quishment or, if at the expiration of the withdrawal made

17 under this subtitle, the Secretary of the Interior determines

18 that some of the lands withdrawn under this subtitle are

19 contaminated to an extent which prevents opening such con20 taminated lands to operation of the public land laws—

21 (1) the Secretary of the Navy shall take appro22 priate steps to warn the public of the contaminated

23 state of such lands and any risks associated with

24 entry onto such lands;
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1 (2) after the expiration of the withdrawal, the

2 Secretary of the Navy shall retain jurisdiction over

3 the withdrawn lands, but shall undertake no activities

4 on such lands except in connection with the decon5 tamination or remediation of such lands; and

6 (3) the Secretary of the Navy shall report to the

7 Secretary of the Interior and to the Congress concern8 ing the status of such lands and all actions taken

9 under paragraphs (1) and (2).

10 (g) SUBSEQUENT DECONTAMINATION OR REMEDI11 ATION.—If lands covered by subsection (f) are subsequently

12 decontaminated or remediated and the Secretary of the

13 Navy certifies that the lands are safe for nonmilitary uses,

14 the Secretary of the Interior shall reconsider accepting ju15 risdiction over the lands.

16 (h) REVOCATION AUTHORITY.—Notwithstanding any

17 other provision of law, upon deciding that it is in the public

18 interest to accept jurisdiction over lands specified in a re19 linquishment notice, the Secretary of the Interior may re20 voke the withdrawal and reservation made under this sub21 title as it applies to such lands. If the decision be made

22 to accept the relinquishment and to revoke the withdrawal

23 and reservation, the Secretary of the Interior shall publish

24 in the Federal Register an appropriate order which shall—

25 (1) terminate the withdrawal and reservation;
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1 (2) constitute official acceptance of full jurisdic2 tion over the lands by the Secretary of the Interior;

3 and

4 (3) state the date upon which the lands will be

5 opened to the operation of the public land laws, in6 cluding the mining laws, if appropriate.

7 SEC. 2929. DELEGATION OF AUTHORITY.

8 (a) DEPARTMENT OF THE NAVY.—The functions of the

9 Secretary of the Navy under this subtitle may be delegated.

10 (b) DEPARTMENT OF INTERIOR.—The functions of the

11 Secretary of the Interior under this subtitle may be dele12 gated, except that an order described in section 2928(h)

13 may be approved and signed only by the Secretary of the

14 Interior, the Deputy Secretary of the Interior, or an Assist15 ant Secretary of the Department of the Interior.

16 SEC. 2930. HUNTING, FISHING, AND TRAPPING.

17 All hunting, fishing, and trapping on the lands with18 drawn under this subtitle shall be conducted in accordance

19 with section 2671 of title 10, United States Code.

20 SEC. 2931. HOLD HARMLESS.

21 Any party conducting any mining, mineral, or geo22 thermal leasing activity on lands withdrawn and reserved

23 under this subtitle shall indemnify the United States

24 against any costs, fees, damages, or other liabilities (includ25 ing costs of litigation) incurred by the United States and
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1 arising from or relating to such mining activities, includ2 ing costs of mineral materials disposal, whether arising

3 under the Comprehensive Environmental Response Com4 pensation and Liability Act of 1980, the Solid Waste Dis5 posal Act, or otherwise.

6 DIVISION C—DEPARTMENT OF

7 ENERGY NATIONAL

8 SECURITY AUTHORIZATIONS

9 AND OTHER AUTHORIZATIONS

10 TITLE XXXI—DEPARTMENT OF

11 ENERGY NATIONAL SECURITY

12 PROGRAMS

13 Subtitle A—National Security

14 Programs Authorizations

15 SEC. 3101. WEAPONS ACTIVITIES.

16 (a) STOCKPILE STEWARDSHIP.—Funds are hereby au17 thorized to be appropriated to the Department of Energy

18 for fiscal year 1997 for stockpile stewardship in carrying

19 out weapons activities necessary for national security pro20 grams in the amount of $1,676,767,000, to be allocated as

21 follows:

22 (1) For core stockpile stewardship,

23 $1,250,907,000 for fiscal year 1997, to be allocated as

24 follows:
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1 (A) For operation and maintenance,

2 $1,162,570,000.

3 (B) For plant projects (including mainte4 nance, restoration, planning, construction, ac5 quisition, modification of facilities, and the con6 tinuation of projects authorized in prior years,

7 and land acquisition related thereto),

8 $88,337,000, to be allocated as follows:

9 Project 96–D–102, stockpile steward10 ship facilities revitalization, Phase VI, var11 ious locations, $19,250,000.

12 Project 96–D–103, ATLAS, Los Ala13 mos National Laboratory, Los Alamos, New

14 Mexico, $15,100,000.

15 Project 96–D–104, processing and en16 vironmental technology laboratory (PETL),

17 Sandia National Laboratories, Albuquerque,

18 New Mexico, $14,100,000.

19 Project 96–D–105, contained firing fa20 cility addition, Lawrence Livermore Na21 tional Laboratory, Livermore, California,

22 $17,100,000.

23 Project 95–D–102, Chemical and Met24 allurgy Research Building upgrades project,
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1 Los Alamos National Laboratory, Los Ala2 mos, New Mexico, $15,000,000.

3 Project 94–D–102, nuclear weapons re4 search, development, and testing facilities

5 revitalization, Phase V, various locations,

6 $7,787,000.

7 (2) For inertial fusion, $366,460,000, to be allo8 cated as follows:

9 (A) For operation and maintenance,

10 $234,560,000.

11 (B) For plant projects (including mainte12 nance, restoration, planning, construction, ac13 quisition, modification of facilities, and the con14 tinuation of projects authorized in prior years,

15 and land acquisition related thereto),

16 $131,900,000 to be allocated as follows:

17 Project 96–D–111, national ignition

18 facility, TBD, $131,900,000.

19 (3) For technology transfer and education,

20 $59,400,000.

21 (b) STOCKPILE MANAGEMENT.—Funds are hereby au22 thorized to be appropriated to the Department of Energy

23 for fiscal year 1997 for stockpile management in carrying

24 out weapons activities necessary for national security pro-
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1 grams in the amount of $1,923,831,000, to be allocated as

2 follows:

3 (1) For operation and maintenance,

4 $1,829,470,000.

5 (2) For plant projects (including maintenance,

6 restoration, planning, construction, acquisition, modi7 fication of facilities, and the continuation of projects

8 authorized in prior years, and land acquisition relat9 ed thereto), $94,361,000, to be allocated as follows:

10 Project 97–D–121, consolidation pit pack11 aging system, Pantex Plant, Amarillo, Texas,

12 $870,000.

13 Project 97–D–122, nuclear materials stor14 age facility renovation, LANL, Los Alamos, New

15 Mexico, $4,000,000.

16 Project 97–D–123, structural upgrades,

17 Kansas City Plant, Kansas City, Missouri,

18 $1,400,000.

19 Project 97–D–124, steam plant wastewater

20 treatment facility upgrade, Y–12 plant, Oak

21 Ridge, Tennessee, $600,000.

22 Project 96–D–122, sewage treatment quality

23 upgrade (STQU), Pantex Plant, Amarillo,

24 Texas, $100,000.
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1 Project 96–D–123, retrofit HVAC and

2 chillers for ozone protection, Y–12 Plant, Oak

3 Ridge, Tennessee, $7,000,000.

4 Project 96–D–125, Washington measure5 ments operations facility, Andrews Air Force

6 Base, Camp Springs, Maryland, $3,825,000.

7 Project 95–D–122, sanitary sewer upgrade,

8 Y–12 Plant, Oak Ridge, Tennessee, $10,900,000.

9 Project 94–D–124, hydrogen fluoride supply

10 system, Y–12 Plant, Oak Ridge, Tennessee,

11 $4,900,000.

12 Project 94–D–125, upgrade life safety, Kan13 sas City Plant, Kansas City, Missouri,

14 $5,200,000.

15 Project 94–D–127, emergency notification

16 system, Pantex Plant, Amarillo, Texas,

17 $2,200,000.

18 Project 93–D–122, life safety upgrades, Y–

19 12 Plant, Oak Ridge, Tennessee, $7,200,000.

20 Project 93–D–123, complex-21, various lo21 cations, $14,487,000.

22 Project 88–D–122, facilities capability as23 surance program, various locations, $21,940,000.

24 Project 88–D–123, security enhancement,

25 Pantex Plant, Amarillo, Texas, $9,739,000.
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1 (c) PROGRAM DIRECTION.—Funds are hereby author2 ized to be appropriated to the Department of Energy for

3 fiscal year 1997 for program direction in carrying out

4 weapons activities necessary for national security programs

5 in the amount of $334,404,000.

6 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

7 MANAGEMENT.

8 (a) ENVIRONMENTAL RESTORATION.—Subject to sub9 section (i), funds are hereby authorized to be appropriated

10 to the Department of Energy for fiscal year 1997 for envi11 ronmental restoration in carrying out environmental res12 toration and waste management activities necessary for na13 tional security programs in the amount of $1,812,194,000,

14 of which $376,648,000 shall be allocated to the uranium en15 richment decontamination and decommissioning fund.

16 (b) WASTE MANAGEMENT.—Subject to subsection (i),

17 funds are hereby authorized to be appropriated to the De18 partment of Energy for fiscal year 1997 for waste manage19 ment in carrying out environmental restoration and waste

20 management activities necessary for national security pro21 grams in the amount of $1,536,653,000, to be allocated as

22 follows:

23 (1) For operation and maintenance,

24 $1,448,326,000.
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1 (2) For plant projects (including maintenance,

2 restoration, planning, construction, acquisition, modi3 fication of facilities, and the continuation of projects

4 authorized in prior years, and land acquisition relat5 ed thereto), $88,327,000, to be allocated as follows:

6 Project 97–D–402, tank farm restoration

7 and safe operations, Richland, Washington,

8 $7,584,000.

9 Project 96–D–408, waste management up10 grades, various locations, $11,246,000.

11 Project 95–D–402, install permanent elec12 trical service for the Waste Isolation Pilot Plant,

13 Carlsbad, New Mexico, $752,000.

14 Project 95–D–405, industrial landfill V and

15 construction/demolition landfill VII, Y–12 Plant,

16 Oak Ridge, Tennessee, $200,000.

17 Project 94–D–404, Melton Valley storage

18 tank capacity increase, Oak Ridge National Lab19 oratory, Oak Ridge, Tennessee, $6,345,000.

20 Project 94–D–407, initial tank retrieval

21 systems, Richland, Washington, $12,600,000.

22 Project 93–D–182, replacement of cross-site

23 transfer system, Richland, Washington,

24 $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 Aiken, 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) NUCLEAR MATERIALS AND FACILITIES STABILIZA12 TION.—Subject to subsection (i), funds are hereby author13 ized to be appropriated to the Department of Energy for

14 fiscal year 1997 for nuclear materials and facilities sta15 bilization in carrying out environmental restoration and

16 waste management activities necessary for national security

17 programs in the amount of $1,269,290,000 to be allocated

18 as follows:

19 (1) For operation and maintenance,

20 $1,151,718,000.

21 (2) For plant projects (including maintenance,

22 restoration, planning, construction, acquisition, modi23 fication of facilities, and the continuation of projects

24 authorized in prior years, and land acquisition relat25 ed thereto), $117,572,000, to be allocated as follows:
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1 Project 97–D–450, Actinide packaging and

2 storage facility, Savannah River Site, Aiken,

3 South Carolina, $7,900,000.

4 Project 97–D–451, B-Plant safety class ven5 tilation upgrades, Richland, Washington,

6 $1,500,000.

7 Project 97–D–470, environmental monitor8 ing laboratory, Savannah River, Aiken, South

9 Carolina, $2,500,000.

10 Project 97–D–473, health physics site sup11 port facility, Savannah River, Aiken, South

12 Carolina, $2,000,000.

13 Project 96–D–406, spent nuclear fuels can14 ister storage and stabilization facility, Richland,

15 Washington, $60,672,000.

16 Project 96–D–461, electrical distribution

17 upgrade, Idaho National Engineering Labora18 tory, Idaho, $6,790,000.

19 Project 96–D–464, electrical and utility sys20 tems upgrade, Idaho Chemical Processing Plant,

21 Idaho National Engineering Laboratory, Idaho,

22 $10,440,000.

23 Project 96–D–471, CFC HVAC/chiller retro24 fit, Savannah River Site, Aiken, South Carolina,

25 $8,541,000.
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1 Project 95–E–600, hazardous materials

2 management and emergency response training

3 center, Richland, Washington, $7,900,000.

4 Project 95–D–155, upgrade site road infra5 structure, Savannah River, South Carolina,

6 $4,137,000.

7 Project 95–D–456, security facilities con8 solidation, Idaho Chemical Processing Plant,

9 Idaho National Engineering Laboratory, Idaho,

10 $4,645,000.

11 Project 94–D–401, emergency response facil12 ity, Idaho National Engineering Laboratory,

13 Idaho, $547,000.

14 (d) PROGRAM DIRECTION.—Subject to subsection (i),

15 funds are hereby authorized to be appropriated to the De16 partment of Energy for fiscal year 1997 for program direc17 tion in carrying out environmental restoration and waste

18 management activities necessary for national security pro19 grams in the amount of $375,511,000.

20 (e) TECHNOLOGY DEVELOPMENT.—Subject to sub21 section (i), funds are hereby authorized to be appropriated

22 to the Department of Energy for fiscal year 1997 for tech23 nology development in carrying out environmental restora24 tion and waste management activities necessary for na25 tional security programs in the amount of $303,771,000.
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1 (f) POLICY AND MANAGEMENT.—Subject to subsection

2 (i), funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 1997 for policy and

4 management in carrying out environmental restoration

5 and waste management activities necessary for national se6 curity programs in the amount of $23,155,000.

7 (g) ENVIRONMENTAL SCIENCE PROGRAM.—Subject to

8 subsection (i), funds are hereby authorized to be appro9 priated to the Department of Energy for fiscal year 1997

10 for the environmental science program in carrying out envi11 ronmental restoration and waste management activities

12 necessary for national security programs in the amount of

13 $62,136,000.

14 (h) ENVIRONMENTAL MANAGEMENT PRIVATIZATION.—

15 Subject to subsection (i), funds are hereby authorized to be

16 appropriated to the Department of Energy for fiscal year

17 1997 for environmental management privatization in car18 rying out environmental restoration and waste manage19 ment activities necessary for national security programs in

20 the amount of $185,000,000.

21 (i) ADJUSTMENTS.—The total amount authorized to be

22 appropriated pursuant to this section is the sum of the

23 amounts specified in subsections (a) through (h) reduced by

24 the sum of—
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1 (1) $150,400,000, for use of prior year balances;

2 and

3 (2) $8,000,000 for Savannah River Pension Re4 fund.

5 SEC. 3103. DEFENSE FIXED ASSET ACQUISITION.

6 Funds are hereby authorized to be appropriated to the

7 Department of Energy for fiscal year 1997 for the defense

8 fixed asset acquisition/privatization program in the

9 amount of $182,000,000.

10 SEC. 3104. OTHER DEFENSE ACTIVITIES.

11 Funds are hereby authorized to be appropriated to the

12 Department of Energy for fiscal year 1997 for other defense

13 activities in carrying out programs necessary for national

14 security in the amount of $1,487,800,000, to be allocated

15 as follows:

16 (1) For verification and control technology,

17 $399,648,000, to be allocated as follows:

18 (A) For nonproliferation and verification

19 research and development, $194,919,000.

20 (B) For arms control, $169,544,000.

21 (C) For intelligence, $35,185,000.

22 (2) For nuclear safeguards and security,

23 $47,208,000.

24 (3) For security investigations, $22,000,000.

25 (4) For emergency management, $16,794,000.
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1 (5) For program direction, nonproliferation, and

2 national security, $95,622,000.

3 (6) For environment, safety, and health, defense,

4 $63,800,000.

5 (7) For worker and community transition assist6 ance, $67,000,000.

7 (8) For fissile materials disposition, $93,796,000,

8 to be allocated as follows:

9 (A) For operations and maintenance,

10 $76,796,000.

11 (B) For the following plant project (includ12 ing maintenance, restoration, planning, con13 struction, acquisition, modification of facilities,

14 and the continuation of projects authorized in

15 prior years, and land acquisition related there16 to):

17 Project 97–D–140, consolidated special

18 nuclear materials storage facility, site to be

19 determined, $17,000,000.

20 (9) For naval reactors development,

21 $681,932,000, to be allocated as follows:

22 (A) For operation and infrastructure,

23 $649,330,000.

24 (B) For program direction, $18,902,000.
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1 (C) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and the con4 tinuation of projects authorized in prior years,

5 and land acquisition related thereto),

6 $13,700,000, to be allocated as follows:

7 Project 97–D–201, advanced test reac8 tor secondary coolant refurbishment, Idaho

9 National Engineering Laboratory, Idaho,

10 $400,000.

11 Project 95–D–200, laboratory systems

12 and hot cell upgrades, various locations,

13 $4,800,000.

14 Project 95–D–201, advanced test reac15 tor radioactive waste system upgrades,

16 Idaho National Engineering Laboratory,

17 Idaho, $500,000.

18 Project 90–N–102, expended core facil19 ity dry cell project, Naval Reactors facility,

20 Idaho, $8,000,000.

21 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

22 Funds are hereby authorized to be appropriated to the

23 Department of Energy for fiscal year 1997 for payment to

24 the Nuclear Waste Fund established in section 302(c) of the
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1 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

2 the amount of $200,000,000.

3 Subtitle B—Recurring General

4 Provisions

5 SEC. 3121. REPROGRAMMING.

6 (a) IN GENERAL.—Until the Secretary of Energy sub7 mits to the congressional defense committees the report re8 ferred to in subsection (b) and a period of 30 days has

9 elapsed after the date on which such committees receive the

10 report, the Secretary may not use amounts appropriated

11 pursuant to this title for any program—

12 (1) in amounts that exceed, in a fiscal year—

13 (A) 110 percent of the amount authorized

14 for that program by this title; or

15 (B) $1,000,000 more than the amount au16 thorized for that program by this title; or

17 (2) which has not been presented to, or requested

18 of, Congress.

19 (b) REPORT.—(1) The report referred to in subsection

20 (a) is a report containing a full and complete statement

21 of the action proposed to be taken and the facts and cir22 cumstances relied upon in support of such proposed action.

23 (2) In the computation of the 30-day period under sub24 section (a), there shall be excluded any day on which either
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1 House of Congress is not in session because of an adjourn2 ment of more than 3 days to a day certain.

3 (c) LIMITATIONS.—(1) In no event may the total

4 amount of funds obligated pursuant to this title exceed the

5 total amount authorized to be appropriated by this title.

6 (2) Funds appropriated pursuant to this title may not

7 be used for an item for which Congress has specifically de8 nied funds.

9 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

10 (a) IN GENERAL.—The Secretary of Energy may carry

11 out any construction project under the general plant

12 projects authorized by this title if the total estimated cost

13 of the construction project does not exceed $2,000,000.

14 (b) REPORT TO CONGRESS.—If, at any time during

15 the construction of any general plant project authorized by

16 this title, the estimated cost of the project is revised because

17 of unforeseen cost variations and the revised cost of the

18 project exceeds $2,000,000, the Secretary shall immediately

19 furnish a complete report to the congressional defense com20 mittees explaining the reasons for the cost variation.

21 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—(1) Except as provided in para23 graph (2), construction on a construction project may not

24 be started or additional obligations incurred in connection

25 with the project above the total estimated cost, whenever the
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1 current estimated cost of the construction project, which is

2 authorized by section 3101, 3102, or 3103, or which is in

3 support of national security programs of the Department

4 of Energy and was authorized by any previous Act, exceeds

5 by more than 25 percent the higher of—

6 (A) the amount authorized for the project; or

7 (B) the amount of the total estimated cost for the

8 project as shown in the most recent budget justifica9 tion data submitted to Congress.

10 (2) An action described in paragraph (1) may be taken

11 if—

12 (A) the Secretary of Energy has submitted to the

13 congressional defense committees a report on the ac14 tions and the circumstances making such action nec15 essary; and

16 (B) a period of 30 days has elapsed after the

17 date on which the report is received by the commit18 tees.

19 (3) In the computation of the 30-day period under

20 paragraph (2), there shall be excluded any day on which

21 either House of Congress is not in session because of an

22 adjournment of more than 3 days to a day certain.

23 (b) EXCEPTION.—Subsection (a) shall not apply to

24 any construction project which has a current estimated cost

25 of less than $5,000,000.
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1 SEC. 3124. FUND TRANSFER AUTHORITY.

2 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

3 Secretary of Energy may transfer funds authorized to be

4 appropriated to the Department of Energy pursuant to this

5 title to other Federal agencies for the performance of work

6 for which the funds were authorized. Funds so transferred

7 may be merged with and be available for the same purposes

8 and for the same period as the authorizations of the Federal

9 agency to which the amounts are transferred.

10 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

11 LIMITATIONS.—(1) Subject to paragraph (2), the Secretary

12 of Energy may transfer funds authorized to be appropriated

13 to the Department of Energy pursuant to this title between

14 any such authorizations. Amounts of authorizations so

15 transferred may be merged with and be available for the

16 same purposes and for the same period as the authorization

17 to which the amounts are transferred.

18 (2) Not more than five percent of any such authoriza19 tion may be transferred between authorizations under para20 graph (1). No such authorization may be increased or de21 creased by more than five percent by a transfer under such

22 paragraph.

23 (3) The authority provided by this section to transfer

24 authorizations—

25 (A) may only be used to provide funds for items

26 relating to weapons activities necessary for national
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1 security programs that have a higher priority than

2 the items from which the funds are transferred; and

3 (B) may not be used to provide authority for an

4 item that has been denied funds by Congress.

5 (c) NOTICE TO CONGRESS.—The Secretary of Energy

6 shall promptly notify the Committee on Armed Services of

7 the Senate and the Committee on National Security of the

8 House of Representatives of any transfer of funds to or from

9 authorizations under this title.

10 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC11 TION DESIGN.

12 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

13 Subject to paragraph (2) and except as provided in para14 graph (3), before submitting to Congress a request for funds

15 for a construction project that is in support of a national

16 security program of the Department of Energy, the Sec17 retary of Energy shall complete a conceptual design for that

18 project.

19 (2) If the estimated cost of completing a conceptual

20 design for a construction project exceeds $3,000,000, the

21 Secretary shall submit to Congress a request for funds for

22 the conceptual design before submitting a request for funds

23 for the construction project.

24 (3) The requirement in paragraph (1) does not apply

25 to a request for funds—
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1 (A) for a construction project the total estimated

2 cost of which is less than $2,000,000; or

3 (B) for emergency planning, design, and con4 struction activities under section 3126.

5 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

6 Within the amounts authorized by this title, the Secretary

7 of Energy may carry out construction design (including ar8 chitectural and engineering services) in connection with

9 any proposed construction project if the total estimated cost

10 for such design does not exceed $600,000.

11 (2) If the total estimated cost for construction design

12 in connection with any construction project exceeds

13 $600,000, funds for such design must be specifically author14 ized by law.

15 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE16 SIGN, AND CONSTRUCTION ACTIVITIES.

17 (a) AUTHORITY.—The Secretary of Energy may use

18 any funds available to the Department of Energy pursuant

19 to an authorization in this title, including those funds au20 thorized to be appropriated for advance planning and con21 struction design under sections 3101, 3102, and 3103, to

22 perform planning, design, and construction activities for

23 any Department of Energy national security program con24 struction project that, as determined by the Secretary, must

25 proceed expeditiously in order to protect public health and
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1 safety, to meet the needs of national defense, or to protect

2 property.

3 (b) LIMITATION.—The Secretary may not exercise the

4 authority under subsection (a) in the case of any construc5 tion project until the Secretary has submitted to the con6 gressional defense committees a report on the activities that

7 the Secretary intends to carry out under this section and

8 the circumstances making such activities necessary.

9 (c) SPECIFIC AUTHORITY.—The requirement of section

10 3125(b)(2) does not apply to emergency planning, design,

11 and construction activities conducted under this section.

12 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU13 RITY PROGRAMS OF THE DEPARTMENT OF

14 ENERGY.

15 Subject to the provisions of appropriations Acts and

16 section 3121, amounts appropriated pursuant to this title

17 for management and support activities and for general

18 plant projects are available for use, when necessary, in con19 nection with all national security programs of the Depart20 ment of Energy.

21 SEC. 3128. AVAILABILITY OF FUNDS.

22 When so specified in an appropriation Act, amounts

23 appropriated for operation and maintenance or for plant

24 projects may remain available until expended.
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1 Subtitle C—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.

5 (a) FUNDING.—Of the funds authorized to be appro6 priated to the Department of Energy pursuant to section

7 3101, $100,000,000 shall be available to carry out the fol8 lowing activities within the stockpile stewardship program:

9 (1) $20,000,000 for enhanced surveillance involv10 ing the nuclear production plants and the nuclear

11 weapons design laboratories.

12 (2) $15,000,000 for a production capability as13 surance program for critical non-nuclear components.

14 (3) $25,000,000 for an accelerated capability to

15 produce prototype war reserve-quality plutonium pits.

16 (4) $20,000,000 for dual revalidation of war17 heads in the nuclear weapons stockpile.

18 (5) $20,000,000 for the stockpile life extension

19 program.

20 (b) REPORT.—Not later than October 15, 1996, the

21 Secretary of Energy shall submit to the congressional de22 fense committees a report on the obligations the Secretary

23 has incurred, and plans to incur, during fiscal year 1997

24 for the stockpile stewardship program.
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1 SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NU2 CLEAR WEAPONS STOCKPILE.

3 (a) FUNDING.—Of the funds authorized to be appro4 priated to the Department of Energy pursuant to section

5 3101, $125,000,000 shall be available to carry out the stock6 pile manufacturing infrastructure program.

7 (b) REQUIRED CAPABILITIES.—The manufacturing

8 infrastructure established under the program shall include

9 the capabilities listed in subsection (b) of section 3137 of

10 Public Law 104–106 (110 Stat. 620).

11 (c) REPORT.—Not later than October 15, 1996, the

12 Secretary of Energy shall submit to the congressional de13 fense committees a report on the obligations the Secretary

14 has incurred, and plans to incur, during fiscal year 1997

15 for the stockpile manufacturing infrastructure program.

16 (d) STOCKPILE MANUFACTURING INFRASTRUCTURE

17 PROGRAM.—In this section, the term ‘‘stockpile manufac18 turing infrastructure program’’ means the program carried

19 out pursuant to section 3137 of the National Defense Au20 thorization Act for Fiscal Year 1996 (Public Law 104–106;

21 110 Stat. 620).

22 SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.

23 The manufacture and fabrication of high explosives

24 and energetic materials for use as components in nuclear

25 weapons systems shall be carried out at the Pantex Plant,

26 Amarillo, Texas. No funds appropriated or otherwise made
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1 available to the Department of Energy may be used to move,

2 or prepare to move, the manufacture and fabrication of high

3 explosives and energetic materials for use as components in

4 nuclear weapons systems from the Pantex Plant to any

5 other site or facility of the Department of Energy.

6 SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORA7 TORIES FOR LABORATORY-DIRECTED RE8 SEARCH AND DEVELOPMENT.

9 (a) REDUCTION OF FUNDING.—Section 3132(c) of

10 Public Law 101–510 (104 Stat. 1832) is amended by strik11 ing out ‘‘6 percent’’ and inserting in lieu thereof ‘‘2 per12 cent’’.

13 (b) LIMITATION.—None of the funds provided in a fis14 cal year, beginning with fiscal year 1997, by the Secretary

15 of Energy to be used by laboratories for laboratory-directed

16 research and development pursuant to section 3132(c) of

17 Public Law 101–510 (42 U.S.C. 7257a(c)) may be obligated

18 or expended by such laboratories until a period of 15 days

19 has expired after the Secretary of Energy submits to the

20 congressional defense committees a report setting forth in

21 detail information about the manner in which such funds

22 are planned to be used during that fiscal year. The report

23 shall include a description and justification of the planned

24 uses of the funds.
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1 SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS

2 ACTIVITIES WITH PEOPLE’S REPUBLIC OF

3 CHINA.

4 (a) FUNDING PROHIBITION.—Funds authorized to be

5 appropriated to, or otherwise available to, the Department

6 of Energy for fiscal year 1997 may not be obligated or ex7 pended for any activity associated with the conduct of coop8 erative programs relating to nuclear weapons or nuclear

9 weapons technology, including stockpile stewardship, safety,

10 and use control, with the People’s Republic of China.

11 (b) REPORT.—(1) The Secretary of Energy shall pre12 pare, in consultation with the Secretary of Defense, a report

13 containing a description of all discussions and activities

14 between the United States and the People’s Republic of

15 China regarding nuclear weapons matters that have oc16 curred before the date of the enactment of this Act and that

17 are planned to occur after such date. For each such discus18 sion or activity, the report shall include—

19 (A) the authority under which the discussion or

20 activity took or will take place;

21 (B) the subject of the discussion or activity;

22 (C) participants or likely participants;

23 (D) the source and amount of funds used or to

24 be used to pay for the discussion or activity; and

25 (E) a description of the actions taken or to be

26 taken to ensure that no classified or restricted data
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1 were or will be revealed, and a determination of

2 whether classified or restricted data was revealed in

3 previous discussions.

4 (2) The report shall be submitted to the Committee on

5 Armed Services of the Senate and the Committee on Na6 tional Security of the House of Representatives not later

7 than October 15, 1996.

8 SEC. 3136. INTERNATIONAL COOPERATIVE STOCKPILE

9 STEWARDSHIP PROGRAMS.

10 (a) FUNDING PROHIBITION.—Funds authorized to be

11 appropriated to, or otherwise available to, the Department

12 of Energy for fiscal year 1997 may not be obligated or ex13 pended to conduct any activities associated with inter14 national cooperative stockpile stewardship.

15 (b) EXCEPTION.—Subsection (a) does not apply with

16 respect to such activities conducted between the United

17 States and the United Kingdom, and between the United

18 States and France.

19 SEC. 3137. TEMPORARY AUTHORITY RELATING TO TRANS20 FERS OF DEFENSE ENVIRONMENTAL MAN21 AGEMENT FUNDS.

22 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON23 MENTAL MANAGEMENT FUNDS.—The Secretary of Energy

24 shall provide the manager of each field office of the Depart25 ment of Energy with the authority to transfer defense envi-
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1 ronmental management funds from a program or project

2 under the jurisdiction of the office to another such program

3 or project. Any such transfer may be done only one time

4 in a fiscal year to or from each program or project, and

5 the amount transferred to or from the program or project

6 may not exceed $5,000,000 in a fiscal year.

7 (b) DETERMINATION.—A transfer may not be carried

8 out by a manager of a field office pursuant to the authority

9 provided under subsection (a) unless the manager deter10 mines that such transfer is necessary to address a risk to

11 health, safety, or the environment or to assure the most effi12 cient use of defense environmental management funds at

13 that field office.

14 (c) EXEMPTION FROM REPROGRAMMING REQUIRE15 MENTS.—The requirements of section 3121 shall not apply

16 to transfers of funds pursuant to subsection (a).

17 (d) NOTIFICATION.—The Secretary of Energy, acting

18 through the Assistant Secretary of Energy for Environ19 mental Management, shall notify Congress of any transfer

20 of funds pursuant to subsection (a) not later than 30 days

21 after such a transfer occurs.

22 (e) LIMITATION.—Funds transferred pursuant to sub23 section (a) may not be used for an item for which Congress

24 has specifically denied funds or for a new program or

25 project that has not been authorized by Congress.
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1 (f) DEFINITIONS.—In this section:

2 (1) The term ‘‘program or project’’ means, with

3 respect to a field office of the Department of Energy,

4 any of the following:

5 (A) A project listed in subsection (b) or (c)

6 of section 3102 being carried out by the office.

7 (B) A program referred to in subsection (a),

8 (b), (c), (e), (g), or (h) of section 3102 being car9 ried out by the office.

10 (C) A project or program not described in

11 subparagraph (A) or (B) that is for environ12 mental restoration or waste management activi13 ties necessary for national security programs of

14 the Department of Energy, that is being carried

15 out by the office, and for which defense environ16 mental management funds have been authorized

17 and appropriated before the date of the enact18 ment of this Act.

19 (2) The term ‘‘defense environmental manage20 ment funds’’ means funds appropriated to the Depart21 ment of Energy pursuant to an authorization for car22 rying out environmental restoration and waste man23 agement activities necessary for national security pro24 grams.
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1 (g) DURATION OF AUTHORITY.—The authority pro2 vided under subsection (a) to a manager of a field office

3 shall be in effect from the date of the enactment of this Act

4 to September 30, 1997.

5 SEC. 3138. MANAGEMENT STRUCTURE FOR NUCLEAR WEAP6 ONS PRODUCTION FACILITIES AND NUCLEAR

7 WEAPONS LABORATORIES.

8 (a) LIMITATION ON DELEGATION OF AUTHORITY.—(1)

9 The Secretary of Energy, in carrying out national security

10 programs, may delegate specific management and planning

11 authority over matters relating to site operation of the fa12 cilities and laboratories covered by this section only to the

13 Assistant Secretary of Energy for Defense Programs. Such

14 Assistant Secretary may redelegate such authority only to

15 managers of area offices of the Department of Energy lo16 cated at such facilities and laboratories.

17 (2) Nothing in this section may be construed as affect18 ing the delegation by the Secretary of Energy of authority

19 relating to reporting, management, and oversight of matters

20 relating to the Department of Energy generally, or safety,

21 environment, and health at such facilities and laboratories.

22 (b) REQUIREMENT TO CONSULT WITH AREA OF23 FICES.—The Assistant Secretary of Energy for Defense Pro24 grams, in exercising any delegated authority to oversee

25 management of matters relating to site operation of a facil-
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1 ity or laboratory, shall exercise such authority only after

2 direct consultation with the manager of the area office of

3 the Department of Energy located at the facility or labora4 tory.

5 (c) REQUIREMENT FOR DIRECT COMMUNICATION

6 FROM AREA OFFICES.—The Secretary of Energy, acting

7 through the Assistant Secretary of Energy for Defense Pro8 grams, shall require the head of each area office of the De9 partment of Energy located at each facility and laboratory

10 covered by this section to report on matters relating to site

11 operation other than those matters set forth in subsection

12 (a)(2) directly to the Assistant Secretary of Energy for De13 fense Programs, without obtaining the approval or concur14 rence of any other official within the Department of Energy.

15 (d) DEFENSE PROGRAMS REORGANIZATION PLAN AND

16 REPORT.—(1) The Secretary of Energy shall develop a plan

17 to reorganize the field activities and management of the na18 tional security functions of the Department of Energy.

19 (2) Not later than 120 days after the date of the enact20 ment of this Act, the Secretary shall submit to Congress a

21 report on the plan developed under paragraph (1). The re22 port shall specifically identify all significant functions per23 formed by the operations offices relating to any of the facili24 ties and laboratories covered by this section and which of

25 those functions could be performed—
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1 (A) by the area offices of the Department of En2 ergy located at the facilities and laboratories covered

3 by this section; or

4 (B) by the Assistant Secretary of Energy for De5 fense Programs.

6 (3) The report also shall address and make rec7 ommendations with respect to other internal streamlining

8 and reorganization initiatives that the Department could

9 pursue with respect to military or national security pro10 grams.

11 (e) DEFENSE PROGRAMS MANAGEMENT COUNCIL.—

12 The Secretary of Energy shall establish a Defense Programs

13 Management Council to advise the Secretary on policy mat14 ters, operational concerns, strategic planning, and develop15 ment of priorities relating to the national security functions

16 of the Department of Energy. The Council shall be composed

17 of the directors of the facilities and laboratories and shall

18 report directly to the Assistant Secretary of Energy for De19 fense Programs.

20 (f) COVERED SITE OPERATIONS.—For purposes of this

21 section, matters relating to site operation of a facility or

22 laboratory include matters relating to personnel, budget,

23 and procurement in national security programs.
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1 (g) COVERED FACILITIES AND LABORATORIES.—This

2 section applies to the following facilities and laboratories

3 of the Department of Energy:

4 (1) The Kansas City Plant, Kansas City, Mis5 souri.

6 (2) The Pantex Plant, Amarillo, Texas.

7 (3) The Y–12 Plant, Oak Ridge, Tennessee.

8 (4) The Savannah River Site, Aiken, South

9 Carolina.

10 (5) Los Alamos National Laboratory, Los Ala11 mos, New Mexico.

12 (6) Sandia National Laboratories, Albuquerque,

13 New Mexico.

14 (7) Lawrence Livermore National Laboratory,

15 Livermore, California.

16 (8) The Nevada Test Site, Nevada.

17 Subtitle D—Other Matters

18 SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE

19 MEMORANDUM.

20 (a) SUBMISSION OF COPY OF MEMORANDUM.—Not less

21 than 15 days after the date of the enactment of this Act,

22 the President shall submit to the congressional defense com23 mittees a copy of the Nuclear Weapons Stockpile Memoran24 dum approved by the President in April 1996.
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1 (b) SUBMISSION OF COPY OF MEMORANDUM AND RE2 PORT.—Not less than 30 days after the President has ap3 proved any update to the Nuclear Weapons Stockpile Memo4 randum, the President shall submit to the congressional de5 fense committees a copy of that Memorandum, together with

6 a report describing the changes to the Memorandum com7 pared to the previous submission.

8 (c) FORM.—The submissions required by this section

9 shall be in classified and unclassified form.

10 SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND

11 REMANUFACTURING PLANS.

12 (a) REPORT REQUIREMENT.—The Secretary of Energy

13 shall submit to the congressional defense committees a re14 port on plans for achieving the capability to produce and

15 remanufacture plutonium pits. The report shall include a

16 description of the baseline plan of the Department of En17 ergy for achieving such capability, including the following:

18 (1) The funding necessary, by fiscal year, to

19 achieve the capability.

20 (2) The schedule necessary to achieve the capabil21 ity, including important technical and programmatic

22 milestones.

23 (3) Siting, capacity for expansion, and other is24 sues included in the baseline plan.
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1 (b) DEADLINE.—The report required by subsection (a)

2 shall be submitted not later than 60 days after the date of

3 the enactment of this Act.

4 SEC. 3143. AMENDMENTS RELATING TO BASELINE ENVI5 RONMENTAL MANAGEMENT REPORTS.

6 Section 3153 of the National Defense Authorization

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

8 1950) is amended—

9 (1) in subsection (b)—

10 (A) by striking out the first word in the

11 heading and inserting in lieu thereof ‘‘BIEN12 NIAL’’; and

13 (B) in paragraph (2)(B), by inserting be14 fore ‘‘year after 1995’’ the following: ‘‘odd-num15 bered’’; and

16 (2) in subsection (d)—

17 (A) by striking out the first word in the

18 heading and inserting in lieu thereof ‘‘BIEN19 NIAL’’; and

20 (B) in paragraph (1)(B), by striking out

21 ‘‘in each year thereafter’’ and inserting in lieu

22 thereof ‘‘in each odd-numbered year thereafter’’.
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1 SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS

2 FOR ENVIRONMENTAL MANAGEMENT PRO3 GRAM.

4 (a) AUTHORITY TO DEVELOP FUTURE USE PLANS.—

5 The Secretary may develop future use plans for any defense

6 nuclear facility at which environmental restoration and

7 waste management activities are occurring.

8 (b) REQUIREMENT TO DEVELOP FUTURE USE

9 PLANS.—The Secretary of Energy shall develop a future use

10 plan for each of the following defense nuclear facilities:

11 (1) Hanford Site, Richland, Washington.

12 (2) Rocky Flats Plant, Golden, Colorado.

13 (3) Savannah River Site, Aiken, South Carolina.

14 (4) Idaho National Engineering Laboratory,

15 Idaho.

16 (c) FUTURE USE ADVISORY BOARD.—(1) At a defense

17 nuclear facility where the Secretary of Energy intends to

18 develop a future use plan and no citizen advisory board

19 has been established, the Secretary shall establish a future

20 use advisory board.

21 (2) The Secretary may prescribe regulations regarding

22 the establishment, characteristics, composition, and funding

23 of future use advisory boards pursuant to this subsection.

24 (3) The Secretary may authorize the manager of a de25 fense nuclear facility for which a future use plan is devel26 oped (or, if there is no such manager, an appropriate offi-
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1 cial of the Department of Energy designated by the Sec2 retary) to pay routine administrative expenses of a future

3 use advisory board established for that site. Such payments

4 shall be made from funds available to the Secretary for pro5 gram direction in carrying out environmental restoration

6 and waste management activities necessary for national se7 curity programs.

8 (d) REQUIREMENT TO CONSULT WITH FUTURE USE

9 ADVISORY BOARD.—In developing a future use plan under

10 this section with respect to a defense nuclear facility, the

11 Secretary of Energy shall consult with a future use advisory

12 board established pursuant to subsection (c) or a similar

13 advisory board already in existence as of the date of the

14 enactment of this Act for such facility, affected local govern15 ments (including any local future use redevelopment au16 thorities), and other appropriate State agencies.

17 (e) 50-YEAR PLANNING PERIOD.—A future use plan

18 developed under this section shall cover a period of at least

19 50 years.

20 (f) DEADLINES.—For each site listed in subsection (b),

21 the Secretary shall develop a draft plan by October 1, 1997,

22 and a final plan by March 15, 1998.

23 (g) REPORT.—Not later than 60 days after completing

24 development of a final plan for a site listed in subsection

25 (b), the Secretary of Energy shall submit to Congress a re-
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1 port on the plan. The report shall describe the plan and

2 contain such findings and recommendations with respect to

3 the site as the Secretary considers appropriate.

4 (h) SAVINGS PROVISIONS.—(1) Nothing in this section

5 or in a future use plan developed under this section with

6 respect to a defense nuclear facility shall be construed as

7 requiring any modification to a future use plan that was

8 developed before the date of the enactment of this Act.

9 (2) Nothing in this section may be construed to affect

10 statutory requirements for an environmental restoration or

11 waste management activity or project or to modify or other12 wise affect applicable statutory or regulatory environmental

13 restoration and waste management requirements, including

14 substantive standards intended to protect public health and

15 the environment, nor shall anything in this section be con16 strued to preempt or impair any local land use planning

17 or zoning authority or State authority.

18 Subtitle E—Defense Nuclear Envi19 ronmental Cleanup and Man20 agement

21 SEC. 3151. PURPOSE.

22 The purpose of this subtitle is to provide for the expe23 dited environmental restoration and waste management of

24 Department of Energy defense nuclear facilities through the
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1 use of cost-effective management mechanisms and innova2 tive technologies.

3 SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.

4 (a) APPLICABILITY.—This subtitle applies to any de5 fense nuclear facility of the Department of Energy for which

6 the fiscal year 1996 environmental management budget was

7 $350,000,000 or more.

8 (b) DEFENSE NUCLEAR FACILITY DEFINED.—In this

9 subtitle, the term ‘‘defense nuclear facility’’ means a former

10 or current defense nuclear production facility that is owned

11 and managed by the Department of Energy.

12 SEC. 3153. SITE MANAGER.

13 (a) APPOINTMENT.—The Secretary of Energy shall ex14 peditiously appoint a Site Manager for each Department

15 of Energy defense nuclear facility (in this subtitle referred

16 to as the ‘‘Site Manager’’).

17 (b) SCOPE.—(1) In addition to other authorities pro18 vided for in this Act, the Secretary of Energy may delegate

19 to the Site Manager of a defense nuclear facility authority

20 to oversee and direct environmental management operations

21 at the facility, including the authority to—

22 (A) enter into and modify contractual agree23 ments to enhance environmental restoration and

24 waste management at the facility;
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1 (B) request that the Department of Energy head2 quarters submit to Congress a reprogramming pack3 age shifting funds among accounts in order to facili4 tate the most efficient and timely environmental res5 toration and waste management of the facility, and,

6 in the event that the Department headquarters does

7 not act upon the request within 60 days, submit such

8 request to the appropriate congressional committees

9 for review;

10 (C) subject to paragraph (2), negotiate amend11 ments to environmental agreements for the Depart12 ment of Energy;

13 (D) manage Department of Energy personnel at

14 the facility;

15 (E) consider the costs, risk reduction benefits,

16 and other benefits for the purposes of ensuring protec17 tion of human health and the environment or safety,

18 with respect to any environmental remediation activ19 ity the cost of which exceeds $25,000,000; and

20 (F) have assessments prepared for environmental

21 restoration activities (in several documents or a single

22 document, as determined by the Site Manager).

23 (2) In using the authority described in paragraph

24 (1)(C), a Site Manager may not negotiate an amendment

25 that is expected to result in additional significant life cycle
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1 costs to the Department of Energy without the approval of

2 the Secretary of Energy.

3 (3) In using any authority described in paragraph (1),

4 a Site Manager of a facility shall consult with the State

5 where the facility is located and the advisory board for the

6 facility.

7 (4) The delegation of any authority pursuant to this

8 subsection shall not be construed as restricting the Secretary

9 of Energy’s authority to delegate other authorities as nec10 essary.

11 (c) INFORMATION TO SECRETARY OF ENERGY.—The

12 Site Manager of a defense nuclear facility shall regularly

13 inform the Secretary of Energy, Congress, and the advisory

14 board for the facility of the progress made by the Site Man15 ager to achieve the expedited environmental restoration and

16 waste management of the facility.

17 SEC. 3154. DEPARTMENT OF ENERGY ORDERS.

18 An order imposed after the date of the enactment of

19 this Act relating to the execution of environmental restora20 tion, waste management, or technology development activi21 ties at a defense nuclear facility under the Atomic Energy

22 Act of 1954 (42 U.S.C. 2011 et seq.) may be imposed by

23 the Secretary of Energy at the defense nuclear facility only

24 if the Secretary finds that the order is necessary for the
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1 protection of human health and the environment or safety,

2 or the fulfillment of current legal requirements.

3 SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDI4 ATION OF DEFENSE NUCLEAR WASTE.

5 (a) IN GENERAL.—The Secretary of Energy shall en6 courage the Site Manager of each defense nuclear facility

7 to promote the deployment of innovative environmental

8 technologies for remediation of defense nuclear waste at the

9 facility.

10 (b) CRITERIA.—To carry out subsection (a), the Sec11 retary shall encourage the Site Manager of a defense nuclear

12 facility to establish a program at the facility to enhance

13 the deployment of innovative environmental technologies at

14 the facility. The Secretary may require the Site Manager,

15 in establishing such a program—

16 (1) to establish a simplified, standardized, and

17 timely process for the acceptance and deployment of

18 environmental technologies;

19 (2) to solicit applications to deploy environ20 mental technologies suitable for environmental res21 toration and waste management activities at the fa22 cility, including prevention, control, characterization,

23 treatment, and remediation of contamination;
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1 (3) to enter into contracts and other agreements

2 with other public and private entities to deploy envi3 ronmental technologies at the facility; and

4 (4) to include incentives, such as product per5 formance specifications, in contracts to encourage the

6 implementation of innovative environmental tech7 nologies.

8 SEC. 3156. PERFORMANCE-BASED CONTRACTING.

9 (a) PROGRAM.—The Secretary of Energy shall develop

10 and implement a program for performance-based contract11 ing for contracts entered into for environmental remedi12 ation at defense nuclear facilities. The program shall ensure

13 that, to the maximum extent practicable and appropriate,

14 such contracts include the following:

15 (1) Clearly stated and results oriented perform16 ance criteria and measures.

17 (2) Appropriate incentives for contractors to

18 meet and exceed the performance criteria effectively

19 and efficiently.

20 (3) Appropriate criteria and incentives for con21 tractors to seek and engage subcontractors who may

22 more effectively and efficiently perform either unique

23 and technologically challenging tasks or routine and

24 interchangeable services.

25 (4) Specific incentives for cost savings.
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1 (5) Financial accountability.

2 (6) When appropriate, allocation of fee or profit

3 reduction for failure to meet minimum performance

4 criteria and standards.

5 (b) CRITERIA AND MEASURES.—Performance criteria

6 and measures should take into consideration, at a mini7 mum, the following: managerial control; elimination or re8 duction of risk to public health and the environment; work9 place safety; financial control; goal-oriented work scope; use

10 of innovative and alternative technologies and techniques

11 that result in cleanups being performed less expensively,

12 more quickly, and within quality parameters; and perform13 ing within benchmark cost estimates.

14 (c) CONSULTATION.—In implementing this section, the

15 Secretary of Energy shall consult with interested parties.

16 (d) DEADLINE.—The Secretary of Energy shall imple17 ment this section not later than October 1, 1997, unless the

18 Secretary submits to Congress before that date a report with

19 a schedule for completion of action under this section.

20 SEC. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILI21 TIES AS NATIONAL ENVIRONMENTAL CLEAN22 UP DEMONSTRATION AREAS.

23 (a) DESIGNATION.—The Secretary of Energy, upon re24 ceipt of a request from a Governor of a State in which a

25 defense nuclear facility is situated, may designate the facil-
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1 ity as a ‘‘National Environmental Cleanup Demonstration

2 Area’’ to carry out the purposes of this subtitle.

3 (b) SENSE OF CONGRESS.—It is the sense of Congress

4 that Federal and State regulatory agencies, members of the

5 community surrounding the facilities designated under sub6 section (a), and other affected parties should work to develop

7 expedited and streamlined processes and systems for clean8 ing up the facilities, to eliminate unnecessary bureaucratic

9 delay, and to proceed expeditiously with environmental res10 toration activities.

11 TITLE XXXII—DEFENSE NU12 CLEAR FACILITIES SAFETY

13 BOARD

14 SEC. 3201. AUTHORIZATION.

15 There are authorized to be appropriated for fiscal year

16 1997, $17,000,000 for the operation of the Defense Nuclear

17 Facilities Safety Board under chapter 21 of the Atomic En18 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

19 TITLE XXXIII—NATIONAL

20 DEFENSE STOCKPILE

21 Subtitle A—Authorization of

22 Disposals and Use of Funds

23 SEC. 3301. DEFINITIONS.

24 In this title:
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1 (1) The term ‘‘National Defense Stockpile’’

2 means the stockpile provided for in section 4 of the

3 Strategic and Critical Materials Stock Piling Act (50

4 U.S.C. 98c).

5 (2) The term ‘‘National Defense Stockpile Trans6 action Fund’’ means the fund in the Treasury of the

7 United States established under section 9(a) of the

8 Strategic and Critical Materials Stock Piling Act (50

9 U.S.C. 98h(a)).

10 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

11 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis12 cal year 1997, the National Defense Stockpile Manager may

13 obligate up to $60,000,000 of the funds in the National De14 fense Stockpile Transaction Fund for the authorized uses

15 of such funds under section 9(b)(2) of the Strategic and

16 Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).

17 (b) ADDITIONAL OBLIGATIONS.—The National Defense

18 Stockpile Manager may obligate amounts in excess of the

19 amount specified in subsection (a) if the National Defense

20 Stockpile Manager notifies Congress that extraordinary or

21 emergency conditions necessitate the additional obligations.

22 The National Defense Stockpile Manager may make the ad23 ditional obligations described in the notification after the

24 end of the 45-day period beginning on the date Congress

25 receives the notification.
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1 (c) LIMITATIONS.—The authorities provided by this

2 section shall be subject to such limitations as may be pro3 vided in appropriations Acts.

4 Subtitle B—Programmatic Change

5 SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIRE6 MENTS.

7 (a) NATIONAL EMERGENCY PLANNING ASSUMP8 TIONS.—Section 14 of the Strategic and Critical Materials

9 Stock Piling Act (50 U.S.C. 98h–5) is amended—

10 (1) by redesignating subsection (c) as subsection

11 (e); and

12 (2) by striking out subsection (b) and inserting

13 in lieu thereof the following new subsection:

14 ‘‘(b) Each report under this section shall set forth the

15 national emergency planning assumptions used by the Sec16 retary in making the Secretary’s recommendations under

17 subsection (a)(1) with respect to stockpile requirements. The

18 Secretary shall base the national emergency planning as19 sumptions on a military conflict scenario consistent with

20 the scenario used by the Secretary in budgeting and defense

21 planning purposes. The assumptions to be set forth include

22 assumptions relating to each of the following:

23 ‘‘(1) The length and intensity of the assumed

24 military conflict.

25 ‘‘(2) The military force structure to be mobilized.
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1 ‘‘(3) The losses anticipated from enemy action.

2 ‘‘(4) The military, industrial, and essential civil3 ian requirements to support the national emergency.

4 ‘‘(5) The availability of supplies of strategic and

5 critical materials from foreign sources during the mo6 bilization period, the military conflict, and the subse7 quent period of replenishment, taking into consider8 ation possible shipping losses.

9 ‘‘(6) The domestic production of strategic and

10 critical materials during the mobilization period, the

11 military conflict, and the subsequent period of replen12 ishment, taking into consideration possible shipping

13 losses.

14 ‘‘(7) Civilian austerity measures required during

15 the mobilization period and military conflict.

16 ‘‘(c) The stockpile requirements shall be based on those

17 strategic and critical materials necessary for the United

18 States to replenish or replace, within three years of the end

19 of the military conflict scenario required under subsection

20 (b), all munitions, combat support items, and weapons sys21 tems that would be consumed or exhausted during such a

22 military conflict.

23 ‘‘(d) The Secretary shall also include in each report

24 under this section an examination of the effect that alter25 native mobilization periods under the military conflict sce-
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1 nario required under subsection (b), as well as a range of

2 other military conflict scenarios addressing potentially

3 more serious threats to national security, would have on

4 the Secretary’s recommendations under subsection (a)(1)

5 with respect to stockpile requirements.’’.

6 (b) CONFORMING AMENDMENT.—Section 2 of such Act

7 (50 U.S.C. 98a) is amended by striking out subsection (c)

8 and inserting in lieu thereof the following new subsection:

9 ‘‘(c) The purpose of the National Defense Stockpile is

10 to serve the interest of national defense only. The National

11 Defense Stockpile is not to be used for economic or budg12 etary purposes.’’.

13 (c) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on October 1, 1996.

15 SEC. 3312. NOTIFICATION REQUIREMENTS.

16 (a) PROPOSED CHANGES IN STOCKPILE QUAN17 TITIES.—Section 3(c)(2) of the Strategic and Critical Mate18 rials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amended—

19 (1) by striking out ‘‘effective on or after the 30th

20 legislative day following’’ and inserting in lieu thereof

21 ‘‘after the end of the 45-day period beginning on’’;

22 and

23 (2) by striking out the last sentence.

24 (b) WAIVER OF ACQUISITION AND DISPOSAL REQUIRE25 MENTS.—Section 6(d)(1) of such Act (50 U.S.C. 98e(d)(1))
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1 is amended by striking out ‘‘thirty days’’ and inserting in

2 lieu thereof ‘‘45 days’’.

3 (c) TIME TO BEGIN DISPOSAL.—Section 6(d)(2) of

4 such Act (50 U.S.C. 98e(d)(2)) is amended by striking out

5 ‘‘thirty days’’ and inserting in lieu thereof ‘‘45 days’’.

6 SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MA7 TERIALS.

8 Section 13 of the Strategic and Critical Materials

9 Stock Piling Act (50 U.S.C. 98h–4) is amended—

10 (1) by striking out ‘‘as a Communist-dominated

11 country or area’’; and

12 (2) by striking out ‘‘such Communist-dominated

13 countries or areas’’ and inserting in lieu thereof ‘‘a

14 country or area listed in such general note’’.

15 TITLE XXXIV—NAVAL

16 PETROLEUM RESERVES

17 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

18 There is hereby authorized to be appropriated to the

19 Secretary of Energy $149,500,000 for fiscal year 1997 for

20 the purpose of carrying out activities under chapter 641

21 of title 10, United States Code, relating to the naval petro22 leum reserves (as defined in section 7420(2) of such title).

23 Funds appropriated pursuant to such authorization shall

24 remain available until expended.
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1 SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE2 TROLEUM DURING FISCAL YEAR 1997.

3 Notwithstanding section 7430(b)(2) of title 10, United

4 States Code, during fiscal year 1997, any sale of any part

5 of the United States share of petroleum produced from

6 Naval Petroleum Reserves Numbered 1, 2, and 3 shall be

7 made at a price not less than 90 percent of the current sales

8 price, as estimated by the Secretary of Energy, of com9 parable petroleum in the same area.

10 TITLE XXXV—PANAMA CANAL

11 COMMISSION

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 3501. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Panama Canal

16 Commission Authorization Act, Fiscal Year 1997’’.

17 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

18 (a) IN GENERAL.—Subject to subsection (b), the Pan19 ama Canal Commission is authorized to use amounts in

20 the Panama Canal Commission Revolving Fund to make

21 such expenditures within the limits of funds and borrowing

22 authority available to it in accordance with law, and to

23 make such contracts and commitments, as may be necessary

24 under the Panama Canal Act of 1979 (22 U.S.C. 3601 et

25 seq.) for the operation, maintenance, improvement, and ad26 ministration of the Panama Canal for fiscal year 1997.
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1 (b) LIMITATIONS.—For fiscal year 1997, the Panama

2 Canal Commission may expend funds in the Panama

3 Canal Commission Revolving Fund not more than $73,000

4 for reception and representation expenses, of which—

5 (1) not more than $18,000 may be used for offi6 cial reception and representation expenses of the Su7 pervisory Board of the Commission;

8 (2) not more than $10,000 may be used for offi9 cial reception and representation expenses of the Sec10 retary of the Commission; and

11 (3) not more than $45,000 may be used for offi12 cial reception and representation expenses of the Ad13 ministrator of the Commission.

14 SEC. 3503. PURCHASE OF VEHICLES.

15 Notwithstanding any other provisions of law, the funds

16 available to the Commission shall be available for the pur17 chase and transportation to the Republic of Panama, of

18 passenger motor vehicles built in the United States, includ19 ing large, heavy-duty vehicles.

20 SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH

21 TREATIES.

22 Expenditures authorized under this subtitle may be

23 made only in accordance with the Panama Canal Treaties

24 of 1977 and any law of the United States implementing

25 those treaties.
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1 Subtitle B—Amendments to

2 Panama Canal Act of 1979

3 SEC. 3521. SHORT TITLE; REFERENCES.

4 (a) SHORT TITLE.—This subtitle may be cited as the

5 ‘‘Panama Canal Act Amendments of 1996’’.

6 (b) REFERENCES.—Except as otherwise expressly pro7 vided, whenever in this subtitle an amendment or repeal

8 is expressed in terms of an amendment to, or repeal of, a

9 section or other provision, the reference shall be considered

10 to be made to a section or other provision of the Panama

11 Canal Act of 1979 (22 U.S.C. 3601 et seq.).

12 SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEG13 ISLATION.

14 (a) IN GENERAL.—In section 3 (22 U.S.C. 3602)—

15 (1) the heading is amended to read as follows:

16 ‘‘DEFINITIONS

17 (2) in subsection (b), by inserting ‘‘and’’ after

18 the semicolon at the end of paragraph (4), by striking

19 the semicolon at the end of paragraph (5) and insert20 ing a period, and striking paragraphs (6) and (7);

21 and

22 (3) by striking subsection (d).

23 (b) CLERICAL AMENDMENT.—The table of contents in

24 section 1 is amended in the item relating to section 3 by

25 striking ‘‘and recommendation for legislation’’.
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1 SEC. 3523. ADMINISTRATOR.

2 (a) IN GENERAL.—Section 1103 (22 U.S.C. 3613) is

3 amended to read as follows:

4 ‘‘ADMINISTRATOR

5 ‘‘SEC. 1103. (a) There shall be an Administrator of

6 the Commission who shall be appointed by the President,

7 by and with the advice and consent of the Senate, and shall

8 hold office at the pleasure of the President.

9 ‘‘(b) The Administrator shall be paid compensation in

10 an amount, established by the Board, not to exceed level

11 III of the Executive Schedule.’’.

12 (b) SAVINGS PROVISIONS.—Nothing in this section (or

13 section 3549(3)) shall be considered to affect—

14 (1) the tenure of the individual serving as Ad15 ministrator of the Commission on the day before sub16 section (a) takes effect; or

17 (2) until modified under section 1103(b) of the

18 Panama Canal Act of 1979, as amended by subsection

19 (a), the compensation of the individual so serving.

20 SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.

21 (a) IN GENERAL.—Section 1104 (22 U.S.C. 3614) is

22 amended to read as follows:

23 ‘‘DEPUTY ADMINISTRATOR

24 ‘‘SEC. 1104. (a) There shall be a Deputy Adminis25 trator of the Commission who shall be appointed by the
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1 President. The Deputy Administrator shall perform such

2 duties as may be prescribed by the Board.

3 ‘‘(b) The Deputy Administrator shall be paid com4 pensation at a rate of pay, established by the Board, which

5 does not exceed the rate of basic pay in effect for level IV

6 of the Executive Schedule, and, if eligible, shall be paid the

7 overseas recruitment and retention difference provided for

8 in section 1217 of this Act.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents in

10 section 1 is amended in the item relating to section 1104

11 by striking ‘‘and Chief Engineer’’.

12 (c) SAVINGS PROVISIONS.—Nothing in this section

13 shall be considered to affect—

14 (1) the tenure of the individual serving as Dep15 uty Administrator of the Commission on the day be16 fore subsection (a) takes effect; or

17 (2) until modified under section 1104(b) of the

18 Panama Canal Act of 1979, as amended by subsection

19 (a), the compensation of the individual so serving.

20 SEC. 3525. OFFICE OF OMBUDSMAN.

21 Section 1113 (22 U.S.C. 3623) is amended by striking

22 subsection (d) and redesignating subsection (e) as subsection

23 (d).
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1 SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.

2 Section 1202 (22 U.S.C. 3642) is amended to read as

3 follows:

4 ‘‘APPOINTMENT AND COMPENSATION; DUTIES

5 ‘‘SEC. 1202. (a) In accordance with this chapter, the

6 Commission may appoint, fix the compensation of, and de7 fine the authority and duties of officers and employees

8 (other than the Administrator and Deputy Administrator)

9 necessary for the management, operation, and maintenance

10 of the Panama Canal and its complementary works, instal11 lations, and equipment.

12 ‘‘(b) Individuals serving in any Executive agency

13 (other than the Commission) or the Smithsonian Institu14 tion, including individuals in the uniform services, may,

15 if appointed under this section or section 1104 of this Act,

16 serve as officers or employees of the Commission.’’.

17 SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.

18 (a) IN GENERAL.—Section 1209 (22 U.S.C. 3649) is

19 amended to read as follows:

20 ‘‘APPLICABILITY OF CERTAIN BENEFITS

21 ‘‘SEC. 1209. Chapter 81 of title 5, United States Code,

22 relating to compensation for work injuries, chapters 83 and

23 84 of such title 5, relating to retirement, chapter 87 of such

24 title 5, relating to life insurance, and chapter 89 of such

25 title 5, relating to health insurance, are applicable to Com26 mission employees, except any individual—
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1 ‘‘(1) who is not a citizen of the United States;

2 ‘‘(2) whose initial appointment by the Commis3 sion occurs after October 1, 1979; and

4 ‘‘(3) who is covered by the Social Security Sys5 tem of the Republic of Panama pursuant to any pro6 vision of the Panama Canal Treaty of 1977 and re7 lated agreements.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents in

9 section 1 is amended by striking the item relating to section

10 1209 and inserting the following:

‘‘Sec. 1209. Applicability of certain benefits.’’.

11 SEC. 3528. TRAVEL AND TRANSPORTATION EXPENSES.

12 Section 1210 (22 U.S.C. 3650) is amended to read as

13 follows:

14 ‘‘TRAVEL AND TRANSPORTATION EXPENSES

15 ‘‘SEC. 1210. (a) Subject to subsections (b) and (c), the

16 Commission may pay travel and transportation expenses

17 for employees in accordance with subchapter II of chapter

18 57 of title 5, United States Code.

19 ‘‘(b) For an employee to whom section 1206 applies,

20 the Commission may pay travel and transportation ex21 penses associated with vacation leave for the employee and

22 the immediate family of the employee notwithstanding re23 quirements regarding periods of service established by sub24 chapter II of chapter 57 of title 5, United States Code, or

25 the regulations promulgated thereunder.
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1 ‘‘(c) For an employee to whom section 1206 does not

2 apply, the Commission may pay travel and transportation

3 expenses associated with vacation leave for the employee

4 and the immediate family of the employee notwithstanding

5 requirements regarding a written agreement concerning the

6 duration of a continuing service obligation established by

7 subchapter II of chapter 57 of title 5, United States Code

8 or the regulations promulgated thereunder.’’.

9 SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.

10 Subparagraph (B) of section 1211(1) (22 U.S.C.

11 3651(1)(B)) is amended to read as follows:

12 ‘‘(B) any other Executive agency or the

13 Smithsonian Institution, to the extent of any

14 election in effect under section 1212(b) of this

15 Act;’’.

16 SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT

17 AND OTHER EMPLOYMENT REQUIREMENTS.

18 (a) IN GENERAL.—Section 1212 (22 U.S.C. 3652) is

19 amended to read as follows:

20 ‘‘PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER

21 EMPLOYMENT REQUIREMENTS

22 ‘‘SEC. 1212. (a) The Commission shall establish a Pan23 ama Canal Employment System and prescribe the regula24 tions necessary for its administration. The Panama Canal

25 Employment System shall—
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1 ‘‘(1) be established in accordance with and be

2 subject to the provisions of the Panama Canal Treaty

3 of 1977 and related agreements, the provisions of this

4 chapter, and any other applicable provision of law;

5 ‘‘(2) be based on the consideration of the merit

6 of each employee or candidate for employment and

7 the qualifications and fitness of the employee to hold

8 the position concerned;

9 ‘‘(3) conform, to the extent practicable and con10 sistent with the provisions of this Act, to the policies,

11 principles, and standards applicable to the competi12 tive service;

13 ‘‘(4) in the case of employees who are citizens of

14 the United States, provide for the appropriate inter15 change of those employees between positions under the

16 Panama Canal Employment System and positions in

17 the competitive service; and

18 ‘‘(5) not be subject to the provisions of title 5,

19 United States Code, unless specifically made applica20 ble by this Act.

21 ‘‘(b)(1) The head of any Executive agency (other than

22 the Commission) and the Smithsonian Institution may elect

23 to have the Panama Canal Employment System made ap24 plicable in whole or in part to personnel of that agency

25 in the Republic of Panama.
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1 ‘‘(2) Any Executive agency (other than the Commis2 sion) and the Smithsonian Institution, to the extent of any

3 election under paragraph (1), shall conduct its employment

4 and pay practices relating to employees in accordance with

5 the Panama Canal Employment System.

6 ‘‘(c) The Commission may exclude any employee or po7 sition from coverage under any provision of this subchapter,

8 other than the interchange rights extended under subsection

9 (a)(4).’’.

10 (b) SAVINGS PROVISIONS.—The Panama Canal Em11 ployment System and all elections, rules, regulations, and

12 orders relating thereto, as last in effect before the amend13 ment made by subsection (a) takes effect, shall continue in

14 effect, according to their terms, until modified, terminated,

15 or superseded under section 1212 of the Panama Canal Act

16 of 1979, as amended by subsection (a).

17 SEC. 3531. EMPLOYMENT STANDARDS.

18 Section 1213 (22 U.S.C. 3653) is amended in the first

19 sentence by striking ‘‘The head of each agency’’ and insert20 ing ‘‘The Commission’’.

21 SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING

22 INTERIM APPLICATION OF CANAL ZONE

23 MERIT SYSTEM.

24 (a) REPEAL.—Section 1214 (22 U.S.C. 3654) is re25 pealed.
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1 (b) CLERICAL AMENDMENT.—The table of contents in

2 section 1 is amended by striking the item relating to section

3 1214.

4 SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUIT5 MENT AND RETENTION REMUNERATION.

6 Section 1217(d) (22 U.S.C. 3657(d)) is repealed.

7 SEC. 3534. BENEFITS BASED ON BASIC PAY.

8 Section 1218(2) (22 U.S.C. 3658(2)) is amended to

9 read as follows:

10 ‘‘(2) benefits under subchapter III of chapter 83

11 and subchapter II of chapter 84 of title 5, United

12 States Code, relating to retirement;’’.

13 SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AU14 THORITY OF COMMISSION.

15 (a) IN GENERAL.—Section 1223 (22 U.S.C. 3663) is

16 amended to read as follows:

17 ‘‘CENTRAL EXAMINING OFFICE

18 ‘‘SEC. 1223. The Commission shall establish a Central

19 Examining Office. The purpose of the office shall be to im20 plement the provisions of the Panama Canal Treaty of 1977

21 and related agreements with respect to recruitment, exam22 ination, determination of qualification standards, and

23 similar matters relating to employment of the Commis24 sion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents in

2 section 1 is amended by striking the item relating to section

3 1223 and inserting the following:

‘‘Sec. 1223. Central Examining Office.’’.

4 SEC. 3536. APPLICABILITY OF CERTAIN LAWS.

5 (a) IN GENERAL.—Section 1224 (22 U.S.C. 3664) is

6 amended to read as follows:

7 ‘‘APPLICABILITY OF TITLE 5, UNITED STATES CODE

8 ‘‘SEC. 1224. The following provisions of title 5, United

9 States Code, apply to the Panama Canal Commission:

10 ‘‘(1) Part I of title 5 (relating to agencies gen11 erally).

12 ‘‘(2) Chapter 21 (relating to employee defini13 tions).

14 ‘‘(3) Section 2302(b)(8) (relating to whistle15 blower protection) and all provisions of title 5 relat16 ing to the administration or enforcement or any other

17 aspect thereof, as identified in regulations prescribed

18 by the Commission in consultation with the Office of

19 Personnel Management.

20 ‘‘(4) All provisions relating to preference eligi21 bles.

22 ‘‘(5) Section 5514 (relating to offset from sal23 ary).

24 ‘‘(6) Section 5520a (relating to garnishments).
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1 ‘‘(7) Sections 5531-5535 (relating to dual pay

2 and employment).

3 ‘‘(8) Subchapter VI of chapter 55 (relating to ac4 cumulated and accrued leave).

5 ‘‘(9) Subchapter IX of chapter 55 (relating to

6 severance and back pay).

7 ‘‘(10) Chapter 57 (relating to travel and trans8 portation).

9 ‘‘(11) Chapter 59 (relating to allowances).

10 ‘‘(12) Chapter 63 (relating to leave).

11 ‘‘(13) Section 6323 (relating to military leave;

12 Reserves and National Guardsmen).

13 ‘‘(14) Chapter 71 (relating to labor relations).

14 ‘‘(15) Subchapters II and III of chapter 73 (re15 lating to employment limitations and political activi16 ties, respectively) and all provisions of title 5 relating

17 to the administration or enforcement or any other as18 pect thereof, as identified in regulations prescribed by

19 the Commission in consultation with the Office of

20 Personnel Management.

21 ‘‘(16) Chapter 81 (relating to compensation for

22 work injuries).

23 ‘‘(17) Chapters 83 and 84 (relating to retire24 ment).
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1 ‘‘(18) Chapter 85 (relating to unemployment

2 compensation).

3 ‘‘(19) Chapter 87 (relating to life insurance).

4 ‘‘(20) Chapter 89 (relating to health insur5 ance).’’.

6 (b) CLERICAL AMENDMENT.—The table of contents in

7 section 1 is amended by striking the item relating to section

8 1224 and inserting the following:

‘‘Sec. 1224. Applicability of title 5, United States Code.’’.

9 SEC. 3537. REPEAL OF PROVISION RELATING TO TRANS10 FERRED OR REEMPLOYED EMPLOYEES.

11 Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is repealed.

12 SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENE13 FITS.

14 (a) IN GENERAL.—Section 1245 (22 U.S.C. 3682) is

15 amended by striking so much as precedes subsection (b) and

16 inserting the following:

17 ‘‘ADMINISTRATION OF CERTAIN DISABILITY BENEFITS

18 ‘‘SEC. 1245. (a)(1) The Commission, or any other

19 United States Government agency or private entity acting

20 pursuant to an agreement with the Commission, under the

21 Act entitled ‘An Act authorizing cash relief for certain em22 ployees of the Panama Canal not coming within the provi23 sions of the Canal Zone Retirement Act’, approved July 8,

24 1937 (50 Stat. 478; 68 Stat. 17), may continue the pay25 ments of cash relief to those individual former employees
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1 of the Canal Zone Government or Panama Canal Company

2 or their predecessor agencies not coming within the scope

3 of the former Canal Zone Retirement Act whose services

4 were terminated prior to October 5, 1958, because of

5 unfitness for further useful service by reason of mental or

6 physical disability resulting from age or disease.

7 ‘‘(2) Subject to subsection (b), cash relief under this

8 subsection may not exceed $1.50 per month for each year

9 of service of the employees so furnished relief, with a maxi10 mum of $45 per month, plus the amount of any cost-of11 living increases in such cash relief granted before October

12 1, 1979, pursuant to section 181 of title 2 of the Canal Zone

13 Code (as in effect on September 30, 1979), nor be paid to

14 any employee who, at the time of termination for disability

15 prior to October 5, 1958, had less than 10 years’ service

16 with the Canal Zone Government, the Panama Canal Com17 pany, or their predecessor agencies on the Isthmus of Pan18 ama.’’.

19 (b) CLERICAL AMENDMENT.—The table of contents in

20 section 1 is amended by striking the item relating to section

21 1245 and inserting the following:

‘‘Sec. 1245. Administration of certain disability benefits.’’.

22 SEC. 3539. PANAMA CANAL REVOLVING FUND.

23 Section 1302 of the Panama Canal Act of 1979 (22

24 U.S.C. 3712) is amended to read as follows:
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1 ‘‘PANAMA CANAL REVOLVING FUND

2 ‘‘SEC. 1302. (a) There is established in the Treasury

3 of the United States a revolving fund to be known as ‘Pan4 ama Canal Revolving Fund’. The Panama Canal Revolving

5 Fund shall, subject to subsection (b), be available to the

6 Commission to carry out the purposes, functions, and pow7 ers authorized by this Act, including for—

8 ‘‘(1) the hire of passenger motor vehicles and air9 craft;

10 ‘‘(2) uniforms or allowances therefor;

11 ‘‘(3) official receptions and representation ex12 penses of the Board, the Secretary of the Commission,

13 and the Administrator;

14 ‘‘(4) the operation of guide services;

15 ‘‘(5) a residence for the Administrator;

16 ‘‘(6) disbursements by the Administrator for em17 ployee and community projects;

18 ‘‘(7) the procurement of expert and consultant

19 services;

20 ‘‘(8) promotional activities, including the prepa21 ration, distribution, or use of any kit, pamphlet,

22 booklet, publication, radio, television, film, or other

23 media presentation designed to promote the Panama

24 Canal as a resource of the world shipping industry;

25 and
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1 ‘‘(9) the purchase and transportation to the Re2 public of Panama of passenger motor vehicles built in

3 the United States, including large, heavy-duty vehi4 cles.

5 ‘‘(b)(1) There shall be deposited in the Panama Canal

6 Revolving Fund, on a continuing basis, toll receipts (other

7 than amounts of toll receipts deposited into the Panama

8 Canal Commission Dissolution Fund under section 1305)

9 and all other receipts of the Commission. Except as pro10 vided in section 1303, no funds may be obligated or ex11 pended by the Commission in any fiscal year unless such

12 obligation or expenditure has been specifically authorized

13 by law.

14 ‘‘(2) No funds may be authorized for the use of the

15 Commission, or obligated or expended by the Commission

16 in any fiscal year, in excess of—

17 ‘‘(A) the amount of revenues deposited in the

18 Panama Canal Revolving Fund and the Panama

19 Canal Dissolution Fund during such fiscal year, plus

20 ‘‘(B) the amount of revenues deposited in the

21 Panama Canal Revolving Fund before such fiscal

22 year and remaining unobligated at the beginning of

23 such fiscal year; plus

24 ‘‘(C) the $100,000,000 borrowing authority pro25 vided for in section 1304 of this Act.
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1 Not later than 30 days after the end of each fiscal year,

2 the Secretary of the Treasury shall report to the Congress

3 the amount of revenues deposited in the Panama Canal Re4 volving Fund during such fiscal year.

5 ‘‘(c) With the approval of the Secretary of the Treas6 ury, the Commission may deposit amounts in the Panama

7 Canal Revolving Fund in any Federal Reserve bank, any

8 depository for public funds, or such other place and in such

9 manner as the Commission and the Secretary may agree.

10 ‘‘(d)(1) It is the sense of the Congress that the addi11 tional costs resulting from the implementation of the Pan12 ama Canal Treaty of 1977 and related agreements should

13 be kept to the absolute minimum level. To this end, the Con14 gress declares appropriated costs of implementation to be

15 borne by the taxpayers over the life of such Treaty should

16 be kept to a level no greater than the March 1979 estimate

17 of those costs ($870,700,000) presented to the Congress by

18 the executive branch during consideration of this Act by the

19 Congress, less personnel retirement costs of $205,000,000,

20 which were subtracted and charged to tolls, therefore result21 ing in net taxpayer cost of approximately $665,700,000,

22 plus appropriate adjustments for inflation.

23 ‘‘(2) It is further the sense of the Congress that the

24 actual costs of implementation be consistent with the obliga-
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1 tions of the United States to operate the Panama Canal

2 safely and efficiently and keep it secure.’’.

3 SEC. 3540. PRINTING.

4 (a) IN GENERAL.—Title I is amended in chapter 3 (22

5 U.S.C. 3711 et seq.) by adding at the end of subchapter

6 I the following new section:

7 ‘‘PRINTING

8 ‘‘SEC. 1306. (a) Section 501 of title 44, United States

9 Code, shall not apply to direct purchase by the Commission

10 for its use of printing, binding, and blank-book work in

11 the Republic of Panama when the Commission determines

12 that such direct purchase is in the best interest of the Gov13 ernment.

14 ‘‘(b) This section shall not affect the Commission’s au15 thority, under chapter 5 of title 44, United States Code,

16 to operate a field printing plant.’’.

17 (b) CLERICAL AMENDMENT.—The table of contents in

18 section 1 is amended by inserting after the item relating

19 to section 1305 the following new item:

‘‘Sec. 1306. Printing.’’.

20 SEC. 3541. ACCOUNTING POLICIES.

21 Section 1311 (22 U.S.C. 3721), the first sentence in

22 subsection (a) is amended to read as follows: ‘‘The Commis23 sion shall establish and maintain its accounts in accord24 ance with chapter 91 of title 31, United States Code, and

25 the provisions of this chapter.’’.
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1 SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.

2 Section 1321(e) (22 U.S.C. 3731(e)) is amended by

3 adding at the end the following sentence:

4 ‘‘Notwithstanding section 5924 of title 5, United States

5 Code, the Commission shall by regulation determine the ex6 tent to which costs of educational services may be defrayed

7 under this subsection.’’.

8 SEC. 3543. POSTAL SERVICE.

9 Section 1331 (22 U.S.C. 3741) is amended to read as

10 follows:

11 ‘‘POSTAL SERVICE

12 ‘‘SEC. 1331. (a) The Commission shall take possession

13 of and administer the funds of the Canal Zone postal service

14 and shall assume its obligations.

15 ‘‘(b) Effective December 1, 1999, neither the Commis16 sion nor the United States Government shall be responsible

17 for the distribution of any accumulated unpaid balances re18 lating to Canal Zone postal-savings deposits, postal-savings

19 certificates, and postal money orders.

20 ‘‘(c) Mail addressed to the Canal Zone from or through

21 the continental United States may be routed by the United

22 States Postal Service to the military post offices of the

23 United States Armed Forces in the Republic of Panama.

24 Such military post offices shall provide the required direc25 tory services and shall accept such mail to the extent per26 mitted under the Panama Canal Treaty of 1977 and related
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1 agreements. The Commission shall furnish personnel,

2 records, and other services to such military post offices to

3 assure wherever appropriate the distribution, rerouting, or

4 return of such mail.’’.

5 SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIV6 ING RISE TO CLAIM.

7 Section 1417(1) (22 U.S.C. 3777(1)) is amended to

8 read as follows:

9 ‘‘(1) an investigation of the accident or injury

10 giving rise to the claim has been completed, which

11 shall include a hearing by the Board of Local Inspec12 tors of the Commission; and’’.

13 SEC. 3545. OPERATIONS REGULATIONS.

14 Section 1801 (22 U.S.C. 3811) is amended by striking

15 ‘‘President’’ and inserting ‘‘Commission’’.

16 SEC. 3546. MISCELLANEOUS REPEALS.

17 (a) REPEALS.—The following provisions are repealed:

18 (1) Section 1605 (22 U.S.C. 3795), relating to

19 interim toll adjustment.

20 (2) Section 1701 (22 U.S.C. 3801), relating to

21 the authority of the President to prescribe certain reg22 ulations.

23 (3) Section 1702 (22 U.S.C. 3802), relating to

24 the authority of the Panama Canal Commission to

25 prescribe certain regulations.
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1 (4) Title II (22 U.S.C. 3841–3852), relating to

2 the Treaty transition period.

3 (5) Chapter 1 of title III (22 U.S.C. 3861), relat4 ing to cemeteries.

5 (6) Section 1246, relating to appliances for cer6 tain injured employees.

7 (7) Section 1251, relating to leave for jury or

8 witness service.

9 (8) Section 1301, relating to Canal Zone Gov10 ernment funds.

11 (9) Section 1313(c), relating to audits.

12 (b) CLERICAL AMENDMENTS.—Section 1 is amended

13 in the table of contents by striking each of the items relating

14 to a title, chapter, or section repealed by subsection (a).

15 SEC. 3547. EXEMPTION.

16 (a) IN GENERAL.—Section 3302 is amended to read

17 as follows:

18 ‘‘EXEMPTION

19 ‘‘SEC. 3302. The Commission is exempt from the provi20 sions of subchapter II of chapter 6 of title 15, United States

21 Code.’’.

22 (b) CLERICAL AMENDMENT.—The table of contents in

23 section 1 is amended by striking the item relating to section

24 3302 and inserting the following:

‘‘Sec. 3302. Exemption.’’.
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1 SEC. 3548. MISCELLANEOUS CONFORMING AMENDMENTS

2 TO TITLE 5, UNITED STATES CODE.

3 Title 5, United States Code, is amended—

4 (1) in section 3401(1) by striking clause (v) and

5 redesignating clauses (vi) through (viii) as clauses (v)

6 through (vii), respectively;

7 (2) in section 5102(a)(1) by striking clause (vi)

8 and redesignating clauses (vii) through (xi) as clauses

9 (vi) through (ix), respectively;

10 (3) in section 5315 by striking ‘‘Administrator

11 of the Panama Canal Commission.’’;

12 (4) in section 5342(a)(1) by striking subpara13 graph (G) and redesignating subparagraphs (H)

14 through (L) as subparagraphs (G) through (K), re15 spectively;

16 (5) in section 5343(a)(5) by striking ‘‘the areas

17 and installations’’ and all that follows through ‘‘Pan18 ama Canal Act of 1979),’’;

19 (6) in section 5348—

20 (A) by striking subsection (b) and redesig21 nating subsection (c) as subsection (b); and

22 (B) in subsection (a) by striking ‘‘sub23 sections (b) and (c)’’ and inserting ‘‘subsection

24 (b)’’;
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1 (7) in section 5373 by striking paragraph (1)

2 and redesignating paragraphs (2) through (4) as

3 paragraphs (1) through (3), respectively;

4 (8) in section 5537(c) by striking ‘‘the United

5 States District Court for the District of the Canal

6 Zone, the District Court of Guam, and the District

7 Court of the Virgin Islands.’’ and inserting ‘‘the Dis8 trict Court of Guam and the District Court of the

9 Virgin Islands.’’;

10 (9) in section 5541(2)(xii)—

11 (A) by inserting ‘‘or’’ after ‘‘Services Ad12 ministration,’’; and

13 (B) by striking ‘‘, or a vessel employee of

14 the Panama Canal Commission’’;

15 (10) in section 7901 by amending subsection (f)

16 to read as follows:

17 ‘‘(f) The health programs conducted by the Tennessee

18 Valley Authority are not affected by this section.’’;

19 (11) in section 5102(c) by repealing paragraph

20 (12);

21 (12) in section 5924(3) by striking the last sen22 tence thereof; and

23 (13) in section 6322(a) by striking ‘‘, or the Re24 public of Panama’’.
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1 SEC. 3549. REPEAL OF PANAMA CANAL CODE.

2 Section 3303 (22 U.S.C. 3602 note) is amended by

3 adding at the end the following new subsection:

4 ‘‘(c) The Panama Canal Code is repealed effective on

5 the date of the enactment of the Panama Canal Act Amend6 ments of 1996.’’.

7 SEC. 3550. MISCELLANEOUS CLERICAL AND CONFORMING

8 AMENDMENTS.

9 (a) CLERICAL AMENDMENTS.—The table of contents in

10 section 1 is amended in the items relating to sections 1101,

11 1102a, 1102b, and 1313 by inserting ‘‘Sec.’’ before the sec12 tion number.

13 (b) CONFORMING AMENDMENT.—Section 1303 (22

14 U.S.C. 3713) is amended by striking ‘‘section 1302(c)(1)’’

15 each place it appears and inserting ‘‘section 1302(b)(1)’’.

Amend the title so as to read: ‘‘A bill 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.’’.