In the Senate of the United States,

September 6 (legislative day, September 5), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1530) entitled ‘‘An Act to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel

strengths for such fiscal year for the Armed Forces, and for

other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 1996’’.

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:
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1 (1) DIVISION A—Department of Defense Author2 izations.

3 (2) DIVISION B—Military Construction Author4 izations.

5 (3) DIVISION C—Department of Energy National

6 Security Authorizations and Other Authorizations.

7 (4) DIVISION D—Information Technology Man8 agement Reform.

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

10 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 program.

Subtitle B—Army Programs

Sec. 111. AH–64D Longbow Apache attack helicopter.

Sec. 112. OH–58D AHIP Scout helicopter.

Sec. 113. Hydra 70 rocket.

Sec. 114. Report on AH–64D engine upgrades.

Subtitle C—Navy Programs

Sec. 121. Seawolf and new attack submarine programs.

Sec. 122. Repeal of prohibition on backfit of Trident submarines.

Sec. 123. Arleigh Burke class destroyer program.

Sec. 124. Split funding for construction of naval vessels.

Sec. 125. Seawolf submarine program.

Sec. 126. Crash attenuating seats acquisition program.
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Subtitle D—Other Programs

Sec. 131. Tier II predator unmanned aerial vehicle program.

Sec. 132. Pioneer unmanned aerial vehicle program.

Sec. 133. Joint Primary Aircraft Training System program.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. A/F117X long-range, medium attack aircraft.

Sec. 212. Navy mine countermeasures program.

Sec. 213. Marine Corps shore fire support.

Sec. 214. Space and missile tracking system program.

Sec. 215. Precision guided munitions.

Sec. 216. Defense Nuclear Agency programs.

Sec. 217. Counterproliferation support program.

Sec. 218. Nonlethal weapons program.

Sec. 219. Federally funded research and development centers.

Sec. 220. States eligible for assistance under Defense Experimental Program To

Stimulate Competitive Research.

Sec. 221. National defense technology and industrial base, defense reinvestment,

and conversion.

Sec. 222. Revisions of Manufacturing Science and Technology Program.

Sec. 223. Preparedness of the Department of Defense to respond to military and

civil defense emergencies resulting from a chemical, biological,

radiological, or nuclear attack.

Sec. 224. Joint Seismic Program and Global Seismic Network.

Sec. 225. Depressed altitude guided gun round system.

Sec. 226. Army echelon above corps communications.

Sec. 227. Testing of theater missile defense interceptors.

Subtitle C—Missile Defense

Sec. 231. Short title.

Sec. 232. Findings.

Sec. 233. Missile defense policy.

Sec. 234. Theater missile defense architecture.

Sec. 235. National missile defense system architecture.

Sec. 236. Cruise missile defense initiative.

Sec. 237. Policy regarding the ABM Treaty.

Sec. 238. Prohibition on funds to implement an international agreement concerning theater missile defense systems.

Sec. 239. Ballistic Missile Defense program elements.

Sec. 240. ABM Treaty defined.

Sec. 241. Repeal of missile defense provisions.

Sec. 242. Sense of Senate on the Director of Operational Test and Evaluation.

Sec. 243. Ballistic Missile Defense Technology Center.
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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.

Sec. 305. Increase in funding for the Civil Air Patrol.

Subtitle B—Depot-Level Maintenance and Repair

Sec. 311. Policy regarding performance of depot-level maintenance and repair for

the Department of Defense.

Sec. 312. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.

Subtitle C—Environmental Provisions

Sec. 321. Revision of requirements for agreements for services under environmental restoration program.

Sec. 322. Discharges from vessels of the Armed Forces.

Sec. 323. Revision of authorities relating to restoration advisory boards.

Subtitle D—Civilian Employees

Sec. 331. Minimum number of military reserve technicians.

Sec. 332. Exemption of Department of Defense from personnel ceilings for civilian personnel.

Sec. 333. Wearing of uniform by National Guard technicians.

Sec. 334. Extension of temporary authority to pay civilian employees with respect to the evacuation from Guantanamo, Cuba.

Sec. 335. Sharing of personnel of Department of Defense domestic dependent

schools and Defense Dependents’ Education System.

Sec. 336. Revision of authority for appointments of involuntarily separated military reserve technicians.

Sec. 337. Cost of continuing health insurance coverage for employees voluntarily

separated from positions to be eliminated in a reduction in

force.

Sec. 338. Elimination of 120-day limitation on details of certain employees.

Sec. 339. Repeal of requirement for part-time career opportunity employment reports.

Sec. 340. Authority of civilian employees of Department of Defense to participate

voluntarily in reductions in force.

Sec. 341. Authority to pay severance payments in lump sums.

Sec. 342. Holidays for employees whose basic workweek is other than Monday

through Friday.

Sec. 343. Coverage of nonappropriated fund employees under authority for flexible and compressed work schedules.

Subtitle E—Defense Financial Management

Sec. 351. Financial management training.

Sec. 352. Limitation on opening of new centers for Defense Finance and Accounting Service.
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Subtitle F—Miscellaneous Assistance

Sec. 361. Department of Defense funding for National Guard participation in

joint disaster and emergency assistance exercises.

Sec. 362. Office of Civil-Military Programs.

Sec. 363. Revision of authority for Civil-Military Cooperative Action Program.

Sec. 364. Office of Humanitarian and Refugee Affairs.

Sec. 365. Overseas humanitarian, disaster, and civic AID programs.

Subtitle G—Operation of Morale, Welfare, and Recreation

Activities

Sec. 371. Disposition of excess morale, welfare, and recreation funds.

Sec. 372. Elimination of certain restrictions on purchases and sales of items by

exchange stores and other morale, welfare, and recreation facilities.

Sec. 373. Repeal of requirement to convert ships’ stores to nonappropriated fund

instrumentalities.

Subtitle H—Other Matters

Sec. 381. National Defense Sealift Fund: availability for the National Defense Reserve Fleet.

Sec. 382. Availability of recovered losses resulting from contractor fraud.

Sec. 383. Permanent authority for use of proceeds from the sale of certain lost,

abandoned, or unclaimed property.

Sec. 384. Sale of military clothing and subsistence and other supplies of the Navy

and Marine Corps.

Sec. 385. Conversion of Civilian Marksmanship Program to nonappropriated

fund instrumentality and activities under program.

Sec. 386. Report on efforts to contract out certain functions of Department of Defense.

Sec. 387. Impact aid.

Sec. 388. Funding for troops to teachers program and troops to cops program.

Sec. 389. Authorizing the amounts requested in the budget for Junior ROTC.

Sec. 390. Report on private performance of certain functions performed by military aircraft.

Sec. 391. Allegany Ballistics Laboratory.

Sec. 392. Encouragement of use of leasing authority.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation in DOPMA authorized end strength limitations

for active duty Air Force and Navy officers in certain grades.

Sec. 403. Certain general and flag officers awaiting retirement not to be counted.

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. Increase in number of members in certain grades authorized to serve

on active duty in support of the reserves.

Sec. 414. Reserves on active duty in support of Cooperative Threat Reduction

programs not to be counted.
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Sec. 415. Reserves on active duty for military-to-military contacts and comparable activities not to be counted.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Joint officer management.

Sec. 502. Revision of service obligation for graduates of the service academies.

Sec. 503. Qualifications for appointment as Surgeon General of an armed force.

Sec. 504. Deputy Judge Advocate General of the Air Force.

Sec. 505. Retiring general and flag officers: applicability of uniform criteria and

procedures for retiring in highest grade in which served.

Sec. 506. Extension of certain reserve officer management authorities.

Sec. 507. Restrictions on wearing insignia for higher grade before promotion.

Sec. 508. Director of admissions, United States Military Academy: retirement for

years of service.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Mobilization income insurance program for members of Ready Reserve.

Sec. 512. Eligibility of dentists to receive assistance under the financial assistance program for health care professionals in reserve components.

Sec. 513. Leave for members of reserve components performing public safety duty.

Subtitle C—Uniform Code of Military Justice

Sec. 521. References to Uniform Code of Military Justice.

Sec. 522. Definitions.

Sec. 523. Article 32 investigations.

Sec. 524. Refusal to testify before court-martial.

Sec. 525. Commitment of accused to treatment facility by reason of lack of mental

capacity or mental responsibility.

Sec. 526. Forfeiture of pay and allowances and reduction in grade.

Sec. 527. Deferment of confinement.

Sec. 528. Submission of matters to the convening authority for consideration.

Sec. 529. Proceedings in revision.

Sec. 530. Appeal by the United States.

Sec. 531. Flight from apprehension.

Sec. 532. Carnal knowledge.

Sec. 533. Time after accession for initial instruction in the Uniform Code of

Military Justice.

Sec. 534. Technical amendment.

Sec. 535. Permanent authority concerning temporary vacancies on the Court of

Appeals for the Armed Forces.

Sec. 536. Advisory panel on UCMJ jurisdiction over civilians accompanying the

Armed Forces in time of armed conflict.
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Subtitle D—Decorations and Awards

Sec. 541. Award of Purple Heart to certain former prisoners of war.

Sec. 542. Meritorious and valorous service during Vietnam era: review and

awards.

Sec. 543. Military intelligence personnel prevented by secrecy from being considered for decorations and awards.

Sec. 544. Review regarding awards of Distinguished-Service Cross to AsianAmericans and Pacific Islanders for certain World War II service.

Subtitle E—Other Matters

Sec. 551. Determination of whereabouts and status of missing persons.

Sec. 552. Service not creditable for periods of unavailability or incapacity due

to misconduct.

Sec. 553. Separation in cases involving extended confinement.

Sec. 554. Duration of field training or practice cruise required under the Senior

Reserve Officers’ Training Corps program.

Sec. 555. Correction of military records.

Sec. 556. Limitation on reductions in medical personnel.

Sec. 557. Repeal of requirement for athletic director and nonappropriated fund

account for the athletics programs at the service academies.

Sec. 558. Prohibition on use of funds for service academy preparatory school test

program.

Sec. 559. Centralized judicial review of Department of Defense personnel actions.

Sec. 560. Delay in reorganization of Army ROTC regional headquarters structure.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1996.

Sec. 602. Election of basic allowance for quarters instead of assignment to inadequate quarters.

Sec. 603. Payment of basic allowance for quarters to members of the uniformed

services in pay grade E–6 who are assigned to sea duty.

Sec. 604. Limitation on reduction of variable housing allowance for certain members.

Sec. 605. Clarification of limitation on eligibility for family separation allowance.

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. Hazardous duty incentive pay for warrant officers and enlisted members serving as air weapons controllers.

Sec. 615. Aviation career incentive pay.

Sec. 616. Clarification of authority to provide special pay for nurses.

Sec. 617. Continuous entitlement to career sea pay for crew members of ships designated as tenders.
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Sec. 618. Increase in maximum rate of special duty assignment pay for enlisted

members serving as recruiters.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Calculation on basis of mileage tables of Secretary of Defense: repeal of

requirement.

Sec. 622. Departure allowances.

Sec. 623. Dislocation allowance for moves resulting from a base closure or realignment.

Sec. 624. Transportation of nondependent child from sponsor’s station overseas

after loss of dependent status while overseas.

Subtitle D—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 631. Use of commissary stores by members of the Ready Reserve.

Sec. 632. Use of commissary stores by retired Reserves under age 60 and their

survivors.

Sec. 633. Use of morale, welfare, and recreation facilities by members of reserve

components and dependents: clarification of entitlement.

Subtitle E—Other Matters

Sec. 641. Cost-of-living increases for retired pay.

Sec. 642. Eligibility for retired pay for non-regular service denied for members

receiving certain sentences in courts-martial.

Sec. 643. Recoupment of administrative expenses in garnishment actions.

Sec. 644. Automatic maximum coverage under Servicemen’s Group Life Insurance.

Sec. 645. Termination of Servicemen’s Group Life Insurance for members of the

Ready Reserve who fail to pay premiums.

Sec. 646. Report on extending to junior noncommissioned officers privileges provided for senior noncommissioned officers.

Sec. 647. Payment to survivors of deceased members of the uniformed services for

all leave accrued.

Sec. 648. Annuities for certain military surviving spouses.

Sec. 649. Transitional compensation for dependents of members of the Armed

Forces separated for dependent abuse.

TITLE VII—HEALTH CARE

Subtitle A—Health Care Services

Sec. 701. Medical care for surviving dependents of retired Reserves who die before

age 60.

Sec. 702. Dental insurance for members of the Selected Reserve.

Sec. 703. Modification of requirements regarding routine physical examinations

and immunizations under CHAMPUS.

Sec. 704. Permanent authority to carry out specialized treatment facility program.

Sec. 705. Waiver of medicare part B late enrollment penalty and establishment

of special enrollment period for certain military retirees and dependents.

Subtitle B—TRICARE Program

Sec. 711. Definition of TRICARE program and other terms.
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Sec. 712. Provision of TRICARE uniform benefits by uniformed services treatment facilities.

Sec. 713. Sense of Senate on access of medicare eligible beneficiaries of

CHAMPUS to health care under TRICARE.

Sec. 714. Pilot program of individualized residential mental health services.

Subtitle C—Uniformed Services Treatment Facilities

Sec. 721. Delay of termination of status of certain facilities as uniformed services

treatment facilities.

Sec. 722. Applicability of Federal Acquisition Regulation to participation agreements with uniformed services treatment facilities.

Sec. 723. Applicability of CHAMPUS payment rules in certain cases.

Subtitle D—Other Changes to Existing Laws Regarding Health

Care Management

Sec. 731. Investment incentive for managed health care in medical treatment facilities.

Sec. 732. Revision and codification of limitations on physician payments under

CHAMPUS.

Sec. 733. Personal services contracts for medical treatment facilities of the Coast

Guard.

Sec. 734. Disclosure of information in medicare and medicaid coverage data bank

to improve collection from responsible parties for health care

services furnished under CHAMPUS.

Subtitle E—Other Matters

Sec. 741. TriService nursing research.

Sec. 742. Fisher House trust funds.

Sec. 743. Applicability of limitation on prices of pharmaceuticals procured for

Coast Guard.

Sec. 744. Report on effect of closure of Fitzsimons Army Medical Center, Colorado, on provision of care to military personnel and dependents

experiencing health difficulties associated with Persian Gulf

Syndrome.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Reform

Sec. 801. Waivers from cancellation of funds.

Sec. 802. Procurement notice posting thresholds and subcontracts for ocean transportation services.

Sec. 803. Prompt resolution of audit recommendations.

Sec. 804. Test program for negotiation of comprehensive subcontracting plans.

Sec. 805. Naval salvage facilities.

Sec. 806. Authority to delegate contracting authority.

Sec. 807. Coordination and communication of defense research activities.

Sec. 808. Procurement of items for experimental or test purposes.

Sec. 809. Quality control in procurements of critical aircraft and ship spare

parts.

Sec. 810. Use of funds for acquisition of designs, processes, technical data, and

computer software.

Sec. 811. Independent cost estimates for major defense acquisition programs.
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Sec. 812. Fees for certain testing services.

Sec. 813. Construction, repair, alteration, furnishing, and equipping of naval vessels.

Sec. 814. Civil Reserve Air Fleet.

Sec. 815. Cost and pricing data.

Sec. 816. Procurement notice technical amendments.

Sec. 817. Repeal of duplicative authority for simplified acquisition purchases.

Sec. 818. Micro-purchases without competitive quotations.

Sec. 819. Restriction on reimbursement of costs.

Subtitle B—Other Matters

Sec. 821. Procurement technical assistance programs.

Sec. 822. Treatment of Department of Defense cable television franchise agreements.

Sec. 823. Preservation of ammunition industrial base.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Sec. 901. Redesignation of the position of Assistant to the Secretary of Defense

for Atomic Energy.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Disbursing and certifying officials.

Sec. 1003. Defense modernization account.

Sec. 1004. Authorization of prior emergency supplemental appropriations for fiscal year 1995.

Sec. 1005. Limitation on use of authority to pay for emergency and extraordinary expenses.

Sec. 1006. Transfer authority regarding funds available for foreign currency fluctuations.

Sec. 1007. Report on budget submission regarding reserve components.

Subtitle B—Naval Vessels

Sec. 1011. Iowa class battleships.

Sec. 1012. Transfer of naval vessels to certain foreign countries.

Sec. 1013. Naming amphibious ships.

Subtitle C—Counter-Drug Activities

Sec. 1021. Revision and clarification of authority for Federal support of drug

interdiction and counter-drug activities of the National Guard.

Sec. 1022. National Drug Intelligence Center.

Sec. 1023. Assistance to Customs Service.

Subtitle D—Department of Defense Education Programs

Sec. 1031. Continuation of the Uniformed Services University of the Health

Sciences.

Sec. 1032. Additional graduate schools and programs at the Uniformed Services

University of the Health Sciences.
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Sec. 1033. Funding for basic adult education programs for military personnel

and dependents outside the United States.

Sec. 1034. Scope of education programs of Community College of the Air Force.

Sec. 1035. Date for annual report on Selected Reserve Educational Assistance

Program.

Sec. 1036. Establishment of Junior ROTC units in Indian reservation schools.

Subtitle E—Cooperative Threat Reduction With States of the

Former Soviet Union

Sec. 1041. Cooperative Threat Reduction programs defined.

Sec. 1042. Funding matters.

Sec. 1043. Limitation relating to offensive biological warfare program of Russia.

Sec. 1044. Limitation on use of funds for cooperative threat reduction.

Subtitle F—Matters Relating to Other Nations

Sec. 1051. Cooperative research and development agreements with NATO organizations.

Sec. 1052. National security implications of United States export control policy.

Sec. 1053. Defense export loan guarantees.

Sec. 1054. Landmine clearing assistance program.

Sec. 1055. Strategic cooperation between the United States and Israel.

Sec. 1056. Support services for the Navy at the Port of Haifa, Israel.

Sec. 1057. Prohibition on assistance to terrorist countries.

Sec. 1058. International military education and training.

Sec. 1059. Repeal of limitation regarding American diplomatic facilities in Germany.

Sec. 1060. Implementation of arms control agreements.

Sec. 1061. Sense of Congress on limiting the placing of United States forces under

United Nations command or control.

Sec. 1062. Sense of Senate on protection of United States from ballistic missile

attack.

Sec. 1063. Iran and Iraq arms nonproliferation.

Sec. 1064. Reports on arms export control and military assistance.

Subtitle G—Repeal of Certain Reporting Requirements

Sec. 1071. Reports required by title 10, United States Code.

Sec. 1072. Reports required by title 37, United States Code, and related provisions of defense authorization Acts.

Sec. 1073. Reports required by other defense authorization and appropriations

Acts.

Sec. 1074. Reports required by other national security laws.

Sec. 1075. Reports required by other provisions of the United States Code.

Sec. 1076. Reports required by other provisions of law.

Sec. 1077. Reports required by Joint Committee on Printing.

Subtitle H—Other Matters

Sec. 1081. Global positioning system.

Sec. 1082. Limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1083. National Guard civilian youth opportunities pilot program.

Sec. 1084. Report on Department of Defense boards and commissions.

Sec. 1085. Revision of authority for providing Army support for the National

Science Center for Communications and Electronics.
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Sec. 1086. Authority to suspend or terminate collection actions against deceased

members.

Sec. 1087. Damage or loss to personal property due to emergency evacuation or

extraordinary circumstances.

Sec. 1088. Check cashing and exchange transactions for dependents of United

States Government personnel.

Sec. 1089. Travel of disabled veterans on military aircraft.

Sec. 1090. Transportation of crippled children in Pacific Rim region to Hawaii

for medical care.

Sec. 1091. Student information for recruiting purposes.

Sec. 1092. State recognition of military advance medical directives.

Sec. 1093. Report on personnel requirements for control of transfer of certain

weapons.

Sec. 1094. Sense of Senate regarding Ethics Committee investigation.

Sec. 1095. Sense of Senate regarding Federal spending.

Sec. 1096. Associate Director of Central Intelligence for Military Support.

Sec. 1097. Review of national policy on protecting the national information infrastructure against strategic attacks.

Sec. 1098. Judicial assistance to the International Tribunal for Yugoslavia and

to the International Tribunal for Rwanda.

Sec. 1099. Landmine use moratorium.

Sec. 1099A. Extension of pilot outreach program.

Sec. 1099B. Sense of Senate on Midway Islands.

Sec. 1099C. Study on chemical weapons stockpile.

Sec. 1099D. Designation of National Maritime Center.

Sec. 1099E. Operational Support Airlift Aircraft Fleet.

Sec. 1099F. Sense of the Senate on Chemical Weapons Convention and START

II Treaty ratification.

TITLE XI—TECHNICAL AND CLERICAL AMENDMENTS

Sec. 1101. Amendments related to Reserve Officer Personnel Management Act.

Sec. 1102. Amendments related to Federal Acquisition Streamlining Act of 1994.

Sec. 1103. Amendments to reflect name change of Committee on Armed Services

of the House of Representatives.

Sec. 1104. Miscellaneous amendments to title 10, United States Code.

Sec. 1105. Miscellaneous amendments to annual defense authorization Acts.

Sec. 1106. Miscellaneous amendments to Federal acquisition laws.

Sec. 1107. Miscellaneous amendments to other laws.

Sec. 1108. Coordination with other amendments.

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. Reduction in amounts authorized to be appropriated for fiscal year

1992 military construction projects.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
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Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clarify

availability of funds for Large Anechoic Chamber, Patuxent

River Naval Warfare Center, Maryland.

Sec. 2206. Authority to carry out land acquisition project, Norfolk Naval Base,

Virginia.

Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.

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.

Sec. 2305. Reduction in amounts authorized to be appropriated for fiscal year

1992 military construction projects.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing private investment.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Modification of authority to carry out fiscal year 1995 projects.

Sec. 2407. Reduction in amounts authorized to be appropriated for prior year

military construction projects.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Reduction in amount authorized to be appropriated for fiscal year

1994 Air National Guard 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 1993 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1992 projects.

Sec. 2704. Effective date.
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TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Special threshold for unspecified minor construction projects to correct

life, health, or safety deficiencies.

Sec. 2802. Clarification of scope of unspecified minor construction authority.

Sec. 2803. Temporary waiver of net floor area limitation for family housing acquired in lieu of construction.

Sec. 2804. Reestablishment of authority to waive net floor area limitation on acquisition by purchase of certain military family housing.

Sec. 2805. Temporary waiver of limitations on space by pay grade for military

family housing units.

Sec. 2806. Increase in number of family housing units subject to foreign country

maximum lease amount.

Sec. 2807. Expansion of authority for limited partnerships for development of

military family housing.

Sec. 2808. Clarification of scope of report requirement on cost increases under

contracts for military family housing construction.

Sec. 2809. Authority to convey damaged or deteriorated military family housing.

Sec. 2810. Energy and water conservation savings for the Department of Defense.

Sec. 2811. Alternative authority for construction and improvement of military

housing.

Sec. 2812. Permanent authority to enter into leases of land for special operations

activities.

Sec. 2813. Authority to use funds for certain educational purposes.

Subtitle B—Defense Base Closure and Realignment

Sec. 2821. In-kind consideration for leases at installations to be closed or realigned.

Sec. 2822. Clarification of authority regarding contracts for community services

at installations being closed.

Sec. 2823. Clarification of funding for environmental restoration at installations

approved for closure or realignment in 1995.

Sec. 2824. Authority to lease property requiring environmental remediation at

installations approved for closure.

Sec. 2825. Final funding for Defense Base Closure and Realignment Commission.

Sec. 2826. Improvment of base closure and realignment process.

Sec. 2827. Exercise of authority delegated by the Administrator of General Services.

Sec. 2828. Lease back of property disposed from installations approved for closure

or realignment.

Sec. 2829. Proceeds of leases at installations approved for closure or realignment.

Sec. 2830. Consolidation of disposal of property and facilities at Fort Holabird,

Maryland.

Sec. 2830A. Land conveyance, property underlying Cummins Apartment Complex, Fort Holabird, Maryland.

Sec. 2830B. Interim leases of property approved for closure or realignment.

Sec. 2830C. Sense of the Congress regarding Fitzsimons Army Medical Center,

Colorado.

Subtitle C—Land Conveyances

Sec. 2831. Land acquisition or exchange, Shaw Air Force Base, South Carolina.
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Sec. 2832. Authority for Port Authority of State of Mississippi to use certain

Navy property in Gulfport, Mississippi.

Sec. 2833. Conveyance of resource recovery facility, Fort Dix, New Jersey.

Sec. 2834. Conveyance of water and wastewater treatment plants, Fort Gordon,

Georgia.

Sec. 2835. Conveyance of water treatment plant, Fort Pickett, Virginia.

Sec. 2836. Conveyance of electric power distribution system, Fort Irwin, California.

Sec. 2837. Land exchange, Fort Lewis, Washington.

Sec. 2838. Land conveyance, Naval Surface Warfare Center, Memphis, Tennessee.

Sec. 2839. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.

Sec. 2840. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.

Sec. 2841. Report on disposal of property, Fort Ord Military Complex, California.

Sec. 2842. Land conveyance, Navy property, Fort Sheridan, Illinois.

Sec. 2843. Land conveyance, Army Reserve property, Fort Sheridan, Illinois.

Sec. 2844. Land conveyance, Naval Communications Station, Stockton, California.

Sec. 2845. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North

Dakota.

Sec. 2846. Land exchange, United States Army Reserve Center, Gainesville, Georgia.

Subtitle D—Transfer of Jurisdiction and Establishment of

Midewin National Tallgrass Prairie

Sec. 2851. Short title.

Sec. 2852. Definitions.

Sec. 2853. Establishment of Midewin National Tallgrass Prairie.

Sec. 2854. Transfer of management responsibilities and jurisdiction over Arsenal.

Sec. 2855. Disposal for industrial parks, a county landfill, and a national veterans cemetery and to the Administrator of General Services.

Sec. 2856. Continuation of responsibility and liability of the Secretary of the

Army for environmental cleanup.

Sec. 2857. Degree of environmental cleanup.

Subtitle E—Other Matters

Sec. 2861. Department of Defense laboratory revitalization demonstration program.

Sec. 2862. Prohibition on joint civil aviation use of Miramar Naval Air Station,

California.

Sec. 2863. Report on agreement relating to conveyance of land, Fort Belvoir, Virginia.

Sec. 2864. Residual value report.

Sec. 2865. Renovation of the Pentagon Reservation.

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.
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Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Payment of penalties assessed against Rocky Flats Site.

Sec. 3106. Standardization of ethics and reporting requirements affecting the Department of Energy with Government-wide standards.

Sec. 3107. Certain environmental restoration requirements.

Sec. 3108. Amending the hydronuclear provisions of this Act.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Tritium production.

Sec. 3132. Fissile materials disposition.

Sec. 3133. Tritium recycling.

Sec. 3134. Manufacturing infrastructure for refabrication and certification of enduring nuclear weapons stockpile.

Sec. 3135. Hydronuclear experiments.

Sec. 3136. Fellowship program for development of skills critical to the Department of Energy nuclear weapons complex.

Sec. 3137. Education program for development of personnel critical to the Department of Energy nuclear weapons complex.

Sec. 3138. Limitation on use of funds for certain research and development purposes.

Sec. 3139. Processing of high level nuclear waste and spent nuclear fuel rods.

Sec. 3140. Department of Energy Declassification Productivity Initiative.

Sec. 3141. Authority to reprogram funds for disposition of certain spent nuclear

fuel.

Sec. 3142. Protection of workers at nuclear weapons facilities.

Subtitle D—Review of Department of Energy National Security

Programs.

Sec. 3151. Review of Department of Energy national security programs.

Subtitle E—Other Matters

Sec. 3161. Responsibility for Defense Programs Emergency Response Program.

Sec. 3162. Requirements for Department of Energy weapons activities budgets for

fiscal years after fiscal year 1996.

Sec. 3163. Report on proposed purchases of tritium from foreign suppliers.

Sec. 3164. Report on hydronuclear testing.

Sec. 3165. Plan for the certification and stewardship of the enduring nuclear

weapons stockpile.

Sec. 3166. Applicability of Atomic Energy Community Act of 1955 to Los Alamos, New Mexico.
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Sec. 3167. Sense of Senate on negotiations regarding shipments of spent nuclear

fuel from naval reactors.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NAVAL PETROLEUM RESERVES

Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).

Sec. 3302. Future of naval petroleum reserves (other than Naval Petroleum Reserve Numbered 1).

TITLE XXXIV—NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.

Sec. 3402. Disposal of obsolete and excess materials contained in the National Defense Stockpile.

Sec. 3403. Disposal of chromite and manganese ores and chromium ferro and

manganese metal electrolytic.

Sec. 3404. Restrictions on disposal of manganese ferro.

Sec. 3405. Excess defense-related materials: transfer to stockpile and disposal.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

DIVISION D—INFORMATION TECHNOLOGY MANAGEMENT

REFORM

Sec. 4001. Short title.

Sec. 4002. Findings.

Sec. 4003. Purposes.

Sec. 4004. Definitions.

Sec. 4005. Applications of exclusions.

TITLE XLI—RESPONSIBILITY FOR ACQUISITIONS OF

INFORMATION TECHNOLOGY

Subtitle A—General Authority

Sec. 4101. Authority of heads of executive agencies.

Sec. 4102. Repeal of central authority of the Administrator of General Services.

Subtitle B—Director of the Office of Management and Budget

Sec. 4121. Responsibility of Director.

Sec. 4122. Capital planning and investment control.

Sec. 4123. Performance-based and results-based management.

Sec. 4124. Integration with information resource management responsibilities.

Subtitle C—Executive Agencies

Sec. 4131. Responsibilities.

Sec. 4132. Capital planning and investment control.

Sec. 4133. Performance and results-based management.

Sec. 4134. Specific authority.
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Sec. 4135. Agency chief information officer.

Sec. 4136. Accountability.

Sec. 4137. Significant failures.

Sec. 4138. Interagency support.

Subtitle D—Chief Information Officers Council

Sec. 4141. Establishment of Chief Information Officers Council.

Subtitle E—Interagency Functional Groups

Sec. 4151. Establishment.

Sec. 4152. Specific functions.

Subtitle F—Other Responsibilities

Sec. 4161. Responsibilities under the Computer Security Act of 1987.

Subtitle G—Sense of Congress

Sec. 4171. Sense of Congress.

TITLE XLII—PROCESS FOR ACQUISITIONS OF

INFORMATION TECHNOLOGY

Subtitle A—Procedures

Sec. 4201. Procurement procedures.

Sec. 4202. Incremental acquisition of information technology.

Sec. 4203. Task and delivery order contracts.

Subtitle B—Acquisition Management

Sec. 4221. Acquisition management team.

Sec. 4222. Oversight of acquisitions.

TITLE XLIII—INFORMATION TECHNOLOGY ACQUISITION

PILOT PROGRAMS

Subtitle A—Conduct of Pilot Programs

Sec. 4301. Authorization to conduct pilot programs.

Sec. 4302. Evaluation criteria and plans.

Sec. 4303. Report.

Sec. 4304. Recommended legislation.

Sec. 4305. Rule of construction.

Subtitle B—Specific Pilot Programs

Sec. 4321. Share-in-savings pilot program.

Sec. 4322. Solutions-based contracting pilot program.

TITLE XLIV—OTHER INFORMATION RESOURCES

MANAGEMENT REFORM

Sec. 4401. On-line multiple award schedule contracting.

Sec. 4402. Disposal of excess computer equipment.

Sec. 4403. Leasing information technology.
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TITLE XLV—PROCUREMENT PROTEST AUTHORITY OF THE

COMPTROLLER GENERAL

Sec. 4501. Period for processing protests.

Sec. 4502. Definition.

Sec. 4503. Exclusivity of administrative remedies.

TITLE XLVI—RELATED TERMINATIONS, CONFORMING

AMENDMENTS, AND CLERICAL AMENDMENTS

Subtitle A—Conforming Amendments

Sec. 4601. Amendments to title 10, United States Code.

Sec. 4602. Amendments to title 28, United States Code.

Sec. 4603. Amendments to title 31, United States Code.

Sec. 4604. Amendments to title 38, United States Code.

Sec. 4605. Provisions of title 44, United States Code, relating to paperwork reduction.

Sec. 4606. Amendment to title 49, United States Code.

Sec. 4607. Other laws.

Sec. 4608. Access of certain information in information systems to the directory

and system of access established under section 4101 of title 44,

United States Code.

Sec. 4609. Rule of construction relating to the provisions of title 44, United

States Code.

Subtitle B—Clerical Amendment

Sec. 4621. Amendment to title 38, United States Code.

TITLE XLVII—SAVINGS PROVISIONS

Sec. 4701. Savings provisions.

TITLE XLVIII—EFFECTIVE DATES

Sec. 4801. Effective dates.

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 1996 for procurement for the Army as follows:

9 (1) For aircraft, $1,396,451,000.

10 (2) For missiles, $894,430,000.

11 (3) For weapons and tracked combat vehicles,

12 $1,547,964,000.

13 (4) For ammunition, $1,120,115,000.

14 (5) For other procurement, $2,771,101,000.

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 1996 for procurement for the Navy

18 as follows:

19 (1) For aircraft, $4,916,588,000.

20 (2) For weapons, including missiles and tor21 pedoes, $1,771,421,000.

22 (3) For shipbuilding and conversion,

23 $7,111,935,000.

24 (4) For other procurement, $2,471,861,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 1996 for procurement for

3 the Marine Corps in the amount of $683,416,000.

4 SEC. 103. AIR FORCE.

5 Funds are hereby authorized to be appropriated for fis6 cal year 1996 for procurement for the Air Force as follows:

7 (1) For aircraft, $6,318,586,000.

8 (2) For missiles, $3,597,499,000.

9 (3) For other procurement, $6,546,001,000.

10 SEC. 104. DEFENSE-WIDE ACTIVITIES.

11 Funds are hereby authorized to be appropriated for fis12 cal year 1996 for Defense-wide procurement in the amount

13 of $2,118,324,000.

14 SEC. 105. RESERVE COMPONENTS.

15 Funds are hereby authorized to be appropriated for fis16 cal year 1996 for procurement of aircraft, vehicles, commu17 nications equipment, and other equipment for the reserve

18 components of the Armed Forces as follows:

19 (1) For the Army National Guard, $209,400,000.

20 (2) For the Air National Guard, $137,000,000.

21 (3) For the Army Reserve, $62,000,000.

22 (4) For the Naval Reserve, $74,000,000.

23 (5) For the Air Force Reserve, $240,000,000.

24 (6) For the Marine Corps Reserve, $55,000,000.
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1 SEC. 106. DEFENSE INSPECTOR GENERAL.

2 Funds are hereby authorized to be appropriated for fis3 cal year 1996 for procurement for the Inspector General of

4 the Department of Defense in the amount of $1,000,000.

5 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

6 There is hereby authorized to be appropriated for fiscal

7 year 1996 the amount of $671,698,000 for—

8 (1) the destruction of lethal chemical weapons

9 and munitions in accordance with section 1412 of the

10 Department of Defense Authorization Act, 1986 (50

11 U.S.C. 1521); and

12 (2) the destruction of chemical warfare material

13 of the United States that is not covered by section

14 1412 of such Act.

15 SEC. 108. DEFENSE HEALTH PROGRAM.

16 Funds are hereby authorized to be appropriated for fis17 cal year 1996 for the Department of Defense for procure18 ment for carrying out health care programs, projects, and

19 activities of the Department of Defense in the total amount

20 of $288,033,000.

21 Subtitle B—Army Programs

22 SEC. 111. AH–64D LONGBOW APACHE ATTACK HELICOPTER.

23 The Secretary of the Army may, in accordance with

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

25 multiyear procurement contracts for procurement of AH–

26 64D Longbow Apache attack helicopters.
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1 SEC. 112. OH–58D AHIP SCOUT HELICOPTER.

2 The prohibition in section 133(a)(2) of the National

3 Defense Authorization Act for Fiscal Years 1990 and 1991

4 (Public Law 101–189; 103 Stat. 1383) does not apply to

5 the obligation of funds in amounts not to exceed

6 $125,000,000 for the procurement of not more than 20 OH–

7 58D AHIP Scout aircraft from funds appropriated for fis8 cal year 1996 pursuant to section 101.

9 SEC. 113. HYDRA 70 ROCKET.

10 (a) LIMITATION.—Funds appropriated or otherwise

11 made available for the Department of Defense for fiscal year

12 1996 may not be obligated to procure Hydra 70 rockets

13 until the Secretary of the Army submits to Congress a docu14 ment that contains the certifications described in subsection

15 (b)(1) together with a discussion of the matter described in

16 subsection (b)(2).

17 (b) CONTENT OF SUBMISSION.—(1) A document sub18 mitted under subsection (a) satisfies the certification re19 quirements of that subsection if it contains the certifications

20 of the Secretary that—

21 (A) the specific technical cause of Hydra 70

22 Rocket failures has been identified;

23 (B) the technical corrections necessary for elimi24 nating premature detonations of such rockets have

25 been validated;
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1 (C) the total cost of making the necessary correc2 tions on all Hydra 70 rockets that are in the Army

3 inventory or are being procured under any contract

4 in effect on the date of the enactment of this Act does

5 not exceed the amount equal to 15 percent of the non6 recurring costs that would be incurred by the Army

7 for acquisition of improved rockets, including com8 mercially developed nondevelopmental systems, to re9 place the Hydra 70 rockets; and

10 (D) a nondevelopmental composite rocket system

11 has been fully reviewed for, or has received oper12 ational and platform certifications for, full qualifica13 tion of an alternative composite rocket motor and

14 propellant.

15 (2) The document shall also contain a discussion of

16 whether the existence of the system referred to in the certifi17 cation under paragraph (1)(D) will result in—

18 (A) early and continued availability of training

19 rockets to meet the requirements of the Army for such

20 rockets; and

21 (B) the attainment of competition in future pro22 curements of training rockets to meet such require23 ments.

24 (c) WAIVER AUTHORITY.—The Secretary of Defense

25 may waive the requirement in subsection (a) for the Sec-
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1 retary to submit the document described in that subsection

2 before procuring Hydra 70 rockets if the Secretary deter3 mines that a delay in procuring the rockets pending compli4 ance with the requirement would result in a significant risk

5 to the national security of the United States. Any such

6 waiver may not take effect until the Secretary submits to

7 Congress a notification of that determination together with

8 the reasons for the determination.

9 SEC. 114. REPORT ON AH–64D ENGINE UPGRADES.

10 No later than February 1, 1996, the Secretary of the

11 Army shall submit to Congress a report on plans to procure

12 T700–701C engine upgrade kits for Army AH–64D heli13 copters. The report shall include—

14 (1) a plan to provide for the upgrade of all

15 Army AH–64D helicopters with T700–701C engine

16 kits commencing in fiscal year 1996.

17 (2) detailed timeline and funding requirements

18 for the engine upgrade program described in para19 graph (1).

20 Subtitle C—Navy Programs

21 SEC. 121. SEAWOLF AND NEW ATTACK SUBMARINE PRO22 GRAMS.

23 (a) FUNDING.—(1) Of the amount authorized to be ap24 propriated under section 102(a)(3)—
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1 (A) $1,507,477,000 shall be available for the

2 final Seawolf attack submarine (SSN–23); and

3 (B) $814,498,000 shall be available for design

4 and advance procurement in fiscal year 1996 for the

5 lead submarine and the second submarine under the

6 New Attack Submarine program, of which—

7 (i) $10,000,000 shall be available only for

8 participation of Newport News Shipbuilding in

9 the New Attack Submarine design; and

10 (ii) $100,000,000 shall be available only for

11 advance procurement and design of the second

12 submarine under the New Attack Submarine

13 program.

14 (2) Of amounts authorized under any provision of law

15 to be appropriated for procurement for the Navy for fiscal

16 year 1997 for shipbuilding and conversion, $802,000,000

17 shall be available for design and advance procurement in

18 fiscal year 1997 for the lead submarine and the second sub19 marine under the New Attack Submarine program, of

20 which—

21 (A) $75,000,000 shall be available only for par22 ticipation by Newport News Shipbuilding in the New

23 Attack Submarine design; and
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1 (B) $427,000,000 shall be available only for ad2 vance procurement and design of the second sub3 marine under the New Attack Submarine program.

4 (3) Of the amount authorized to be appropriated under

5 section 201(2), $455,398,000 shall be available for research,

6 development, test, and evaluation for the New Attack Sub7 marine program.

8 (b) COMPETITION REQUIRED.—Funds referred to in

9 subsection (c) may not be obligated until the Secretary of

10 the Navy certifies in writing to the Committee on Armed

11 Services of the Senate and the Committee on National Secu12 rity of the House of Representatives that—

13 (1) the Secretary has restructured the New At14 tack Submarine program in accordance with this sec15 tion so as to provide for—

16 (A) procurement of the lead vessel under the

17 New Attack Submarine program from the Elec18 tric Boat Division beginning in fiscal year 1998,

19 if the price offered by Electric Boat Division is

20 determined by the Secretary as being fair and

21 reasonable;

22 (B) procurement of the second vessel under

23 the New Attack Submarine program from New24 port News Shipbuilding beginning in fiscal year

25 1999, if the price offered by Newport News Ship-
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1 building is determined by the Secretary as being

2 fair and reasonable; and

3 (C) procurement of other vessels under the

4 New Attack Submarine program under one or

5 more contracts that are entered into after com6 petition between potential competitors (as de7 fined in subsection (i)) in which the Secretary

8 shall solicit competitive proposals and award the

9 contract or contracts on the basis of price; and

10 (2) the Secretary has directed, as set forth in de11 tail in such certification, that no action prohibited in

12 subsection (d) will be taken to impair the design, en13 gineering, construction, and maintenance com14 petencies of either Electric Boat Division or Newport

15 News Shipbuilding to construct the New Attack Sub16 marine.

17 (c) COVERED FUNDS.—The funds referred to in sub18 section (b) are as follows:

19 (1) Funds available to the Navy for any fiscal

20 year after fiscal year 1995 for procurement of the

21 final Seawolf attack submarine (SSN–23) pursuant

22 to this Act or any Act enacted after the date of the

23 enactment of this Act.

24 (2) Funds available to the Navy for any such fis25 cal year for research, development, test, and evalua-
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1 tion or for procurement (including design and ad2 vance procurement) for the New Attack Submarine

3 program pursuant to this Act or any Act enacted

4 after the date of the enactment of this Act.

5 (d) LIMITATION ON CERTAIN ACTIONS.—In order to

6 ensure that Electric Boat Division and Newport News Ship7 building retain the technical competencies to construct the

8 New Attack Submarine, the following actions are prohib9 ited:

10 (1) A termination of or failure to extend, except

11 by reason of a breach of contract by the contractor or

12 an insufficiency of appropriations—

13 (A) the existing Planning Yard contract for

14 the Trident class submarines; or

15 (B) the existing Planning Yard contract for

16 the SSN–688 Los Angeles class submarines.

17 (2) A termination of any existing Lead Design

18 Yard contract for the SSN–21 Seawolf class sub19 marines or for the SSN–688 Los Angeles class sub20 marines, except by reason of a breach of contract by

21 the contractor or an insufficiency of appropriations.

22 (3) A failure of, or refusal by, the Department

23 of the Navy to permit both Electric Boat Division

24 and Newport News Shipbuilding to have access to suf25 ficient information concerning the design of the New
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1 Attack Submarine to ensure that each is capable of

2 constructing the New Attack Submarine.

3 (e) LIMITATION ON EXPENDITURE OF FUNDS FOR

4 SEAWOLF PROGRAM.—Of the funds referred to in subsection

5 (c)(1)—

6 (1) not more than $700,000,000 may be ex7 pended in fiscal year 1996;

8 (2) not more than an additional $200,000,000

9 may be expended in fiscal year 1997;

10 (3) not more than an additional $200,000,000

11 may be expended in fiscal year 1998; and

12 (4) not more than an additional $407,477,000

13 may be expended in fiscal year 1999.

14 (f) LIMITATION ON EXPENDITURE OF FUNDS FOR NEW

15 ATTACK SUBMARINE PROGRAM.—Funds referred to in sub16 section (c)(2) that are available for the lead and second ves17 sels under the New Attack Submarine program may not

18 be expended during fiscal year 1996 for the lead vessel

19 under that program (other than for class design) unless

20 funds are obligated or expended during such fiscal year for

21 a contract in support of procurement of the second vessel

22 under the program.

23 (g) REPORTS REQUIRED.—Not later than November 1,

24 1995, and every six months thereafter through November 1,

25 1998, the Secretary of the Navy shall submit to the Commit-
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1 tee on Armed Services of the Senate and the Committee on

2 National Security of the House of Representatives a report

3 setting forth the obligations and expenditures of funds for—

4 (1) the procurement of the final Seawolf attack

5 submarine (SSN–23); and

6 (2) research, development, test, and evaluation or

7 for procurement (including design and advance pro8 curement) for the lead and second vessels under the

9 New Attack Submarine program.

10 (h) REFERENCES TO CONTRACTORS.—For purposes of

11 this section—

12 (1) the contractor referred to as ‘‘Electric Boat

13 Division’’ is General Dynamics Corporation Electric

14 Boat Division; and

15 (2) the contractor referred to as ‘‘Newport News

16 Shipbuilding’’ is Newport News Shipbuilding and

17 Drydock Company.

18 (i) DEFINITIONS.—In this section:

19 (1) The term ‘‘potential competitor’’ means any

20 source to which the Secretary of the Navy has award21 ed, within 10 years before the date of the enactment

22 of this Act, a contract or contracts to construct one

23 or more nuclear attack submarines.

24 (2) The term ‘‘New Attack Submarine’’ means

25 any submarine planned or programmed by the Navy
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1 as a class of submarines the lead ship of which is

2 planned by the Navy, as of the date of the enactment

3 of this Act, for procurement in fiscal year 1998.

4 SEC. 122. REPEAL OF PROHIBITION ON BACKFIT OF TRI5 DENT SUBMARINES.

6 Section 124 of the National Defense Authorization Act

7 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2683)

8 is repealed.

9 SEC. 123. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

10 (a) FIRST INCREMENT FUNDING.—Of the amount au11 thorized to be appropriated under section 102(a)(3),

12 $650,000,000 shall be available in accordance with section

13 7315 of title 10, United States Code (as added by section

14 124), as the first increment of funding for two Arleigh

15 Burke class destroyers.

16 (b) FINAL INCREMENT FUNDING.—It is the sense of

17 Congress that the Secretary of the Navy should plan for and

18 request the final increment of funding for the two destroyers

19 for fiscal year 1997 in accordance with section 7315 of title

20 10, United States Code (as added by section 124).

21 SEC. 124. SPLIT FUNDING FOR CONSTRUCTION OF NAVAL

22 VESSELS.

23 (a) IN GENERAL.—Chapter 633 of title 10, United

24 States Code is amended by adding at the end the following:
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1 ‘‘§ 7315. Planning for funding construction

2 ‘‘(a) PLANNING FOR SPLIT FUNDING.—The Secretary

3 of Defense may provide in the future-years defense program

4 for split funding of construction of new naval vessels satis5 fying the requirements of subsection (d).

6 ‘‘(b) SPLIT FUNDING REQUESTS.—In the case of con7 struction of a new naval vessel satisfying the requirements

8 of subsection (d), the Secretary of the Navy shall—

9 ‘‘(1) determine the total amount that is nec10 essary for construction of the vessel, including an al11 lowance for future inflation; and

12 ‘‘(2) request funding for construction of the vessel

13 in two substantially equal increments.

14 ‘‘(c) CONTRACT AUTHORIZED UPON FUNDING OF

15 FIRST INCREMENT.—(1) The Secretary of the Navy may

16 enter into a contract for the construction of a new naval

17 vessel upon appropriation of a first increment of funding

18 for construction of the vessel.

19 ‘‘(2) A contract entered into in accordance with para20 graph (1) shall include a liquidated damages clause for any

21 termination of the contract for the convenience of the Gov22 ernment that occurs before the remainder of the amount nec23 essary for full funding of the contract is appropriated.

24 ‘‘(d) APPLICABILITY.—This section applies to con25 struction of a naval vessel—
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1 ‘‘(1) that is in a class of vessels for which the de2 sign is mature and there is sufficient construction ex3 perience for the costs of construction to be well under4 stood and predictable; and

5 ‘‘(2) for which—

6 ‘‘(A) provision is made in the future-years

7 defense program; or

8 ‘‘(B) the Chairman of the Joint Chiefs of

9 Staff, in consultation with the Secretary of the

10 Navy, has otherwise determined that there is a

11 valid military requirement.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of chapter 633 of such title is amended by

14 adding at the end the following:

‘‘7315. Planning for funding construction.’’.

15 SEC. 125. SEAWOLF SUBMARINE PROGRAM.

16 (a) LIMITATION OF COSTS.—Except as provided in

17 subsection (b), the total amount obligated or expended for

18 procurement of the SSN–21, SSN–22, and SSN–23 Seawolf

19 class submarines may not exceed $7,223,659,000.

20 (b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—

21 The amount of the limitation set forth in subsection (a) is

22 increased after fiscal year 1995 by the following amounts:

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

25 such subsection.
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1 (2) The amounts of increases in costs attrib2 utable to economic inflation after fiscal year 1995.

3 (3) The amounts of increases in costs attrib4 utable to compliance with changes in Federal, State,

5 or local laws enacted after fiscal year 1995.

6 SEC. 126. CRASH ATTENUATING SEATS ACQUISITION PRO7 GRAM.

8 (a) PROGRAM AUTHORIZED.—The Secretary of the

9 Navy may establish a program to procure for, and install

10 in, H–53E military transport helicopters commercially de11 veloped, energy absorbing, crash attenuating seats that the

12 Secretary determines are consistent with military specifica13 tions for seats for such helicopters.

14 (b) FUNDING.—To the extent provided in appropria15 tions Acts, of the unobligated balance of amounts appro16 priated for the Legacy Resource Management Program pur17 suant to the authorization of appropriations in section

18 301(5) of the National Defense Authorization Act for Fiscal

19 Year 1995 (Public Law 103–337; 108 Stat. 2706), not more

20 than $10,000,000 shall be available to the Secretary of the

21 Navy, by transfer to the appropriate accounts, for carrying

22 out the program authorized in subsection (a).
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1 Subtitle D—Other Programs

2 SEC. 131. TIER II PREDATOR UNMANNED AERIAL VEHICLE

3 PROGRAM.

4 Funds appropriated or otherwise made available for

5 the Department of Defense for fiscal year 1996 for procure6 ment or for research, development, test, and evaluation may

7 not be obligated or expended for the Tier II Predator un8 manned aerial vehicle program.

9 SEC. 132. PIONEER UNMANNED AERIAL VEHICLE PRO10 GRAM.

Not more than 1 11 ⁄6 of the amount appropriated pursu12 ant to this Act for the activities and operations of the Un13 manned Aerial Vehicle Joint Program Office (UAV–JPO),

14 and none of the unobligated balances of funds appropriated

15 for fiscal years before fiscal year 1996 for the activities and

16 operations of such office, may be obligated until the Sec17 retary of the Navy certifies to the Committee on Armed

18 Services of the Senate and the Committee on National Secu19 rity of the House of Representatives that the nine Pioneer

20 Unmanned Aerial Vehicle systems have been equipped with

21 the Common Automatic Landing and Recovery System

22 (CARS).
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1 SEC. 133. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM

2 PROGRAM.

3 Of the amount authorized to be appropriated under

4 section 103(1), $54,968,000 shall be available for the Joint

5 Primary Aircraft Training System program for procure6 ment of up to eight aircraft.

7 TITLE II—RESEARCH, DEVELOP8 MENT, TEST, AND EVALUA9 TION

10 Subtitle A—Authorization of

11 Appropriations

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

13 Funds are hereby authorized to be appropriated for fis14 cal year 1996 for the use of the Department of Defense for

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

16 (1) For the Army, $4,845,097,000.

17 (2) For the Navy, $8,624,230,000.

18 (3) For the Air Force, $13,087,389,000.

19 (4) For Defense-wide activities, $9,533,148,000,

20 of which—

21 (A) $239,341,000 is authorized for the ac22 tivities of the Director, Test and Evaluation;

23 (B) $22,587,000 is authorized for the Direc24 tor of Operational Test and Evaluation; and

25 (C) $475,470,000 is authorized for Other

26 Theater Missile Defense, of which up to
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1 $25,000,000 may be made available for the oper2 ation of the Battlefield Integration Center.

3 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR4 ATORY DEVELOPMENT.

5 (a) FISCAL YEAR 1996.—Of the amounts authorized

6 to be appropriated by section 201, $4,076,580,000 shall be

7 available for basic research and exploratory development

8 projects.

9 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP10 MENT DEFINED.—For purposes of this section, the term

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

12 funded in program elements for defense research and devel13 opment under Department of Defense category 6.1 or 6.2.

14 Subtitle B—Program Requirements,

15 Restrictions, and Limitations

16 SEC. 211. A/F117X LONG-RANGE, MEDIUM ATTACK AIR17 CRAFT.

18 Of the amount authorized to be appropriated by sec19 tion 201(2) for the Joint Advanced Strike Technology pro20 gram—

21 (1) $25,000,000 shall be available for the con22 duct, during fiscal year 1996, of a 6-month program

23 definition phase for the A/F117X, an F–117 fighter

24 aircraft modified for use by the Navy as a long-range,

25 medium attack aircraft; and
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1 (2) $150,000,000 shall be available for engineer2 ing and manufacturing development of the A/

3 F117X aircraft, except that none of such amount may

4 be obligated until the Secretary of the Navy, after

5 considering the results of the program definition

6 phase, approves proceeding into engineering and

7 manufacturing development of the A/F117X aircraft.

8 SEC. 212. NAVY MINE COUNTERMEASURES PROGRAM.

9 Section 216(a) of the National Defense, Authorization

10 Act for Fiscal Years 1992 and 1993 (Public Law 102-190;

11 105 Stat. 1317) is amended—

12 (1) by striking out ‘‘Director, Defense Research

13 and Engineering’’ and inserting in lieu thereof

14 ‘‘Under Secretary of Defense for Acquisition and

15 Technology’’; and

16 (2) by striking out ‘‘fiscal years 1995 through

17 1999’’ and inserting in lieu thereof ‘‘fiscal years 1997

18 through 1999’’.

19 SEC. 213. MARINE CORPS SHORE FIRE SUPPORT.

20 Of the amount appropriated pursuant to section

21 201(2) for the Tomahawk Baseline Improvement Program,

22 not more than 50 percent of that amount may be obligated

23 until the Secretary of the Navy certifies to the Committee

24 on Armed Services of the Senate and the Committee on Na25 tional Security of the House of Representatives that the Sec-
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1 retary has structured, and planned for full funding of, a

2 program leading to a live-fire test of an Army Extended

3 Range Multiple Launch Rocket from an Army Multiple

4 Launch Rocket Launcher on a Navy ship before October 1,

5 1997.

6 SEC. 214. SPACE AND MISSILE TRACKING SYSTEM PRO7 GRAM.

8 (a) DEVELOPMENT AND DEPLOYMENT PLAN.—The

9 Secretary of the Air Force shall structure the development

10 schedule for the Space and Missile Tracking System so as

11 to achieve a first launch of a user operation evaluation sys12 tem (UOES) satellite in fiscal year 2001, and to attain ini13 tial operational capability (IOC) of a full constellation of

14 user operation evaluation systems and objective system sat15 ellites in fiscal year 2003.

16 (b) MANAGEMENT OVERSIGHT.—In exercising the re17 sponsibility for the Space and Missile Tracking System pro18 gram, the Secretary of the Air Force shall first obtain the

19 concurrence of the Director of the Ballistic Missile Defense

20 Organization before implementing any decision that would

21 have any of the following results regarding the program:

22 (1) A reduction in funds available for obligation

23 or expenditure for the program for a fiscal year below

24 the amount specifically authorized and appropriated

25 for the program for that fiscal year.
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1 (2) An increase in the total program cost.

2 (3) A delay in a previously established develop3 ment or deployment schedule.

4 (4) A modification in the performance param5 eters or specifications.

6 (c) AUTHORIZATION.—Of the amount authorized to be

7 appropriated under section 201(3) for fiscal year 1996,

8 $249,824,000 shall be available for the Space and Missile

9 Tracking System (SMTS) program.

10 SEC. 215. PRECISION GUIDED MUNITIONS.

11 (a) ANALYSIS REQUIRED.—The Secretary of Defense

12 shall perform an analysis of the full range of precision guid13 ed munitions in production and in research, development,

14 test, and evaluation in order to determine the following:

15 (1) The numbers and types of precision guided

16 munitions that are needed to provide a complemen17 tary capability against each target class.

18 (2) The feasibility of carrying out joint develop19 ment and procurement of additional munition types

20 by more than one of the Armed Forces.

21 (3) The feasibility of integrating a particular

22 precision guided munition on multiple service plat23 forms.

24 (4) The economy and effectiveness of continuing

25 acquisition of—
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1 (A) interim precision guided munitions; or

2 (B) precision guided munitions that, as a

3 result of being procured in decreasing numbers

4 to meet decreasing quantity requirements, have

5 increased in cost per unit by more than 50 per6 cent over the cost per unit for such munitions as

7 of December 1, 1991.

8 (b) REPORT.—(1) Not later than February 1, 1996,

9 the Secretary shall submit to Congress a report on the find10 ings and other results of the analysis.

11 (2) The report shall include a detailed discussion of

12 the process by which the Department of Defense—

13 (A) approves the development of new precision

14 guided munitions;

15 (B) avoids duplication and redundancy in the

16 precision guided munitions programs of the Army,

17 Navy, Air Force, and Marine Corps;

18 (C) ensures rationality in the relationship be19 tween the funding plans for precision guided muni20 tions modernization for fiscal years following fiscal

21 year 1996 and the costs of such modernization for

22 those fiscal years; and

23 (D) identifies by name and function each person

24 responsible for approving each new precision guided

25 munition for initial low-rate production.
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1 (c) FUNDING LIMITATION.—Funds authorized to be

2 appropriated by this Act may not be expended for research,

3 development, test, and evaluation or procurement of interim

4 precision guided munitions until the Secretary of Defense

5 submits the report under subsection (b).

6 (d) INTERIM PRECISION GUIDED MUNITION DE7 FINED.—For purposes of paragraph (1), a precision guided

8 munition is an interim precision guided munition if the

9 munition is being procured in fiscal year 1996, but funding

10 is not proposed for additional procurement of the munition

11 in the fiscal years after fiscal year 1996 in the future years

12 defense program submitted to Congress in 1995 under sec13 tion 221(a) of title 10, United States Code.

14 SEC. 216. DEFENSE NUCLEAR AGENCY PROGRAMS.

15 (a) AGENCY FUNDING.—Of the amounts authorized to

16 be appropriated to the Department of Defense in section

17 201, $252,900,000 shall be available for the Defense Nuclear

18 Agency.

19 (b) TUNNEL CHARACTERIZATION AND NEUTRALIZA20 TION PROGRAM.—Of the amount available under subsection

21 (a), $3,000,000 shall be available for a tunnel characteriza22 tion and neutralization program to be managed by the De23 fense Nuclear Agency as part of the counterproliferation ac24 tivities of the Department of Defense.
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1 (c) LONG-TERM RADIATION TOLERANT MICROELEC2 TRONICS PROGRAM.—(1) Of the amount available under

3 subsection (a), $6,000,000 shall be available for the estab4 lishment of a long-term radiation tolerant microelectronics

5 program to be managed by the Defense Nuclear Agency for

6 the purposes of—

7 (A) providing for the development of affordable

8 and effective hardening technologies and for incorpo9 ration of such technologies into systems;

10 (B) sustaining the supporting industrial base;

11 and

12 (C) ensuring that a use of a nuclear weapon in

13 regional threat scenarios does not interrupt or defeat

14 the continued operability of systems of the Armed

15 Forces exposed to the combined effects of radiation

16 emitted by the weapon.

17 (2) Not later than 120 days after the date of the enact18 ment of this Act, the Secretary of Defense shall submit to

19 Congress a report on how the long-term radiation tolerant

20 microelectronics program is to be conducted and funded in

21 the fiscal years after fiscal year 1996 that are covered by

22 the future-years defense program submitted to Congress in

23 1995.
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1 SEC. 217. COUNTERPROLIFERATION SUPPORT PROGRAM.

2 (a) FUNDING.—Of the funds authorized to be appro3 priated to the Department of Defense under section 201(4),

4 $144,500,000 shall be available for the Counterproliferation

5 Support Program, of which—

6 (1) $30,000,000 shall be available for a tactical

7 antisatellite technologies program; and

8 (2) $6,300,000 shall be available for research and

9 development of technologies for Special Operations

10 Command (SOCOM) counterproliferation activities.

11 (b) ADDITIONAL AUTHORITY TO TRANSFER AUTHOR12 IZATIONS.—(1) In addition to the transfer authority pro13 vided in section 1003, upon determination by the Secretary

14 of Defense that such action is necessary in the national in15 terest, the Secretary may transfer amounts of authoriza16 tions made available to the Department of Defense in this

17 division for fiscal year 1996 to counterproliferation pro18 grams, projects, and activities identified as areas for

19 progress by the Counterproliferation Program Review Com20 mittee established by section 1605 of the National Defense

21 Authorization Act for Fiscal Year 1994 (Public Law 103–

22 160). Amounts of authorizations so transferred shall be

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

24 authorization to which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this subsection

3 may not exceed $50,000,000.

4 (3) The authority provided by this subsection to trans5 fer authorizations—

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

7 items that have a higher priority than the items from

8 which authority is transferred; and

9 (B) may not be used to provide authority for an

10 item that has been denied authorization by Congress.

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

12 the authority of this subsection shall be deemed to increase

13 the amount authorized for the account to which the amount

14 is transferred by an amount equal to the amount trans15 ferred.

16 (5) The Secretary of Defense shall promptly notify

17 Congress of transfers made under the authority of this sub18 section.

19 SEC. 218. NONLETHAL WEAPONS PROGRAM.

20 (a) ESTABLISHMENT OF PROGRAM OFFICE.—The Sec21 retary of Defense shall establish in the Office of the Under

22 Secretary of Defense for Acquisition and Technology a Pro23 gram Office for Nonlethal Systems and Technologies to con24 duct research, development, testing, and evaluation of
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1 nonlethal weapons applicable to forces engaged in both tra2 ditional and nontraditional military operations.

3 (b) FUNDING.—Of the amount authorized to be appro4 priated under section 201(4), $37,200,000 shall be available

5 for the Program Office for Nonlethal Systems and Tech6 nologies.

7 SEC. 219. FEDERALLY FUNDED RESEARCH AND DEVELOP8 MENT CENTERS.

9 (a) CENTERS COVERED.—Funds appropriated or oth10 erwise made available for the Department of Defense for fis11 cal year 1996 pursuant to an authorization of appropria12 tions in section 201 may be obligated to procure work from

13 a federally funded research and development center only in

14 the case of a center named in the report required by sub15 section (b) and, in the case of such a center, only in an

16 amount not in excess of the amount of the proposed funding

17 level set forth for that center in such report.

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

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

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

21 on Armed Services of the Senate and the Committee on Na22 tional Security of the House of Representatives a report

23 containing—

24 (A) the name of each federally funded research

25 and development center from which work is proposed
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1 to be procured for the Department of Defense for fiscal

2 year 1996; and

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

4 level and the estimated personnel level for fiscal year

5 1996.

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

7 in the report for all federally funded research and develop8 ment centers may not exceed the amount set forth in sub9 section (d).

10 (c) LIMITATION PENDING SUBMISSION OF REPORT.—

11 No funds appropriated or otherwise made available for the

12 Department of Defense for fiscal year 1996 may be obligated

13 to procure work from a federally funded research and devel14 opment center until the Secretary of Defense submits the

15 report required by subsection (b).

16 (d) FUNDING.—Of the amounts authorized to be ap17 propriated by section 201, not more than a total of

18 $1,162,650,000 may be obligated to procure services from

19 the federally funded research and development centers

20 named in the report required by subsection (b).

21 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

22 The Secretary of Defense may waive the limitation regard23 ing the maximum funding amount that applies under sub24 section (a) to a federally funded research and development

25 center. Whenever the Secretary proposes to make such a
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1 waiver, the Secretary shall submit to the Committee on

2 Armed Services of the Senate and the Committee on Na3 tional Security of the House of Representatives notice of

4 the proposed waiver and the reasons for the waiver. The

5 waiver may then be made only after the end of the 60-day

6 period that begins on the date on which the notice is submit7 ted to those committees, unless the Secretary determines that

8 it is essential to the national security that funds be obli9 gated for work at that center in excess of that limitation

10 before the end of such period and notifies the Committee

11 on Armed Services of the Senate and the Committee on Na12 tional Security of the House of Representatives of that de13 termination and the reasons for the determination.

14 (f) UNDISTRIBUTED REDUCTION.—The total amount

15 authorized to be appropriated for research, development,

16 test, and evaluation in section 201 is hereby reduced by

17 $90,000,000.

18 SEC. 220. STATES ELIGIBLE FOR ASSISTANCE UNDER DE19 FENSE EXPERIMENTAL PROGRAM TO STIMU20 LATE COMPETITIVE RESEARCH.

21 Subparagraph (A) of section 257(d)(2) of the National

22 Defense Authorization Act for Fiscal Year 1995 (Public

23 Law 103–337; 108 Stat. 2705; 10 U.S.C. 2358 note) is

24 amended to read as follows:
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1 ‘‘(A) the amount of all Department of Defense

2 obligations for science and engineering research and

3 development that were in effect with institutions of

4 higher education in the State for the fiscal year pre5 ceding the fiscal year for which the designation is ef6 fective or for the last fiscal year for which statistics

7 are available is less than the amount determined by

multiplying 60 percent times 1 8 ⁄50 of the total amount

9 of all Department of Defense obligations for science

10 and engineering research and development that were

11 in effect with institutions of higher education in the

12 United States for such preceding or last fiscal year,

13 as the case may be (to be determined in consultation

14 with the Secretary of Defense);’’.

15 SEC. 221. NATIONAL DEFENSE TECHNOLOGY AND INDUS16 TRIAL BASE, DEFENSE REINVESTMENT, AND

17 CONVERSION.

18 (a) REPEAL OF CERTAIN AUTHORITIES AND REQUIRE19 MENTS.—Chapter 148 of title 10, United States Code, is

20 amended—

21 (1) in section 2491—

22 (A) by striking out paragraphs (12), (13),

23 (14), and (15); and

24 (B) by redesignating paragraph (16) as

25 paragraph (12);
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1 (2) in section 2501—

2 (A) by striking out subsection (b); and

3 (B) by redesignating subsection (c) as sub4 section (b); and

5 (3) by striking out sections 2512, 2513, 2516,

6 2520, 2523, and 2524.

7 (b) CRITERIA FOR SELECTION OF DEFENSE ADVANCED

8 MANUFACTURING TECHNOLOGY PARTNERSHIPS.—Sub9 section (d) of section 2522 of such title is amended to read

10 as follows:

11 ‘‘(d) SELECTION CRITERIA.—The criteria for the selec12 tion of proposed partnerships for establishment under this

13 section shall be the criteria specified in section 2511(f) of

14 this title.’’.

15 (c) CONFORMING AMENDMENTS.—(1) Section 2516(b)

16 of such title is amended—

17 (A) by inserting ‘‘and’’ at the end of paragraph

18 (2);

19 (B) by striking out ‘‘; and’’ at the end of para20 graph (3) and inserting in lieu thereof a period; and

21 (C) by striking out paragraph (4).

22 (2) Section 2524 of such title is amended—

23 (A) in subsection (a), by striking out ‘‘and the

24 defense reinvestment, diversification, and conversion
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1 program objectives set forth in section 2501(b) of this

2 title’’; and

3 (B) in subsection (f), by striking out ‘‘and the

4 reinvestment, diversification, and conversion program

5 objectives set forth in section 2501(b) of this title’’.

6 (d) CLERICAL AMENDMENTS.—(1) The table of sections

7 at the beginning of subchapter III of chapter 148 of title

8 10, United States Code, is amended by striking out the

9 items relating to sections 2512, 2513, 2516, and 2520.

10 (2) The table of sections at the beginning of subchapter

11 IV of such chapter is amended by striking out the items

12 relating to sections 2523 and 2524.

13 SEC. 222. REVISIONS OF MANUFACTURING SCIENCE AND

14 TECHNOLOGY PROGRAM.

15 (a) PARTICIPATION OF DOD LABORATORIES IN ESTAB16 LISHMENT OF PROGRAM.—Subsection (a) of section 2525

17 of title 10, United States Code, is amended by inserting

18 after the first sentence the following: ‘‘The Secretary shall

19 use the manufacturing science and technology joint plan20 ning process of the directors of the Department of Defense

21 laboratories in establishing the program.’’.

22 (b) PARTICIPATION OF EQUIPMENT MANUFACTURERS

23 IN PROJECTS.—Subsection (c) of such section is amended—

24 (1) by inserting ‘‘(1)’’ after

25 ‘‘(c) EXECUTION.—’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) The Secretary shall seek, to the extent practicable,

3 the participation of manufacturers of manufacturing equip4 ment in the projects under the program.’’.

5 SEC. 223. PREPAREDNESS OF THE DEPARTMENT OF DE6 FENSE TO RESPOND TO MILITARY AND CIVIL

7 DEFENSE EMERGENCIES RESULTING FROM A

8 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR

9 NUCLEAR ATTACK.

10 (a) REPORT.—Not later than February 28, 1996, the

11 Secretary of Defense and the Secretary of Energy, in con12 sultation with the Director of the Federal Emergency Man13 agement Agency, shall jointly submit to Congress a report

14 on the plans and programs of the Department of Defense

15 to prepare for and respond to military and civil defense

16 emergencies resulting from a chemical, biological, radiologi17 cal, or nuclear attack on the United States.

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

19 the following:

20 (1) A discussion of—

21 (A) the consequences of an attack for which

22 the Department of Defense has a responsibility to

23 provide a primary response; and

24 (B) the plans and programs for preparing

25 for and providing that response.
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1 (2) A discussion of—

2 (A) the consequences of an attack for which

3 the Department of Defense has a responsibility to

4 provide a supporting response; and

5 (B) the plans and programs for preparing

6 for and providing that response.

7 (3) Any actions and recommended legislation

8 that the Secretary considers necessary for improving

9 the preparedness of the Department of Defense to re10 spond effectively to the consequences of a chemical, bi11 ological, radiological, or nuclear attack on the United

12 States.

13 SEC. 224. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC

14 NETWORK.

15 To the extent provided in appropriations Acts,

16 $9,500,000 of the unobligated balance of funds available to

17 the Air Force for research, development, test, and evaluation

18 for fiscal year 1995 shall be available for continuation of

19 the Joint Seismic Program and Global Seismic Network.

20 SEC. 225. DEPRESSED ALTITUDE GUIDED GUN ROUND SYS21 TEM.

22 Of the amount authorized to be appropriated under

23 section 201(1), $5,000,000 is authorized to be appropriated

24 for continued development of the depressed altitude guided

25 gun round system.
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1 SEC. 226. ARMY ECHELON ABOVE CORPS COMMUNICA2 TIONS.

3 Of the amount authorized to be appropriated under

4 section 201(3), $40,000,000 is hereby transferred to the au5 thorization of appropriations under section 101(5) for pro6 curement of communications equipment for Army echelons

7 above corps.

8 SEC. 227. TESTING OF THEATER MISSILE DEFENSE INTER9 CEPTORS.

10 (a) The Secretary of Defense may not approve a thea11 ter missile defense interceptor program proceeding beyond

12 the low-rate initial production acquisition stage until the

13 Secretary certifies to the congressional defense committees

14 that such program has successfully completed initial oper15 ational test and evaluation, and is found to be a suitable

16 and effective system.

17 (b) In order to be certified under subsection (a) as hav18 ing been successfully completed, the initial operational test

19 and evaluation conducted with respect to an interceptor

20 program must have included flight tests—

21 (1) that were conducted with multiple intercep22 tors and multiple targets in the presence of realistic

23 countermeasures; and

24 (2) the results of which demonstrate the achieve25 ment by the interceptors of the baseline performance

26 thresholds.
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1 (c) For purposes of this section, the baseline perform2 ance thresholds with respect to a program are the weapons

3 systems performance thresholds specified in the baseline de4 scription for the system established (pursuant to section

5 2435(a)(1) of title 10, United States Code) before the pro6 gram entered the engineering and manufacturing develop7 ment stage.

8 (d) The number of flight tests described in subsection

9 (b) that are required in order to make the certification

10 under subsection (a) shall be a number determined by the

11 Director of Operational Test and Evaluation to be sufficient

12 for the purposes of this section.

13 (e) The Secretary may augment flight testing to dem14 onstrate weapons system performance goals for purposes of

15 the certification under subsection (a) through the use of

16 modeling and simulation that is validated by ground and

17 flight testing.

18 (f) The Director of Operational Test and Evaluation

19 and Ballistic Missile Defense Organization shall include in

20 their annual reports to Congress plans to adequately test

21 theater missile defense interceptor programs throughout the

22 acquisition process. As these theater missile defense systems

23 progress through the acquisition process, the Director of

24 Operational Test and Evaluation and Ballistic Missile De25 fense Organization shall include in their annual reports to
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1 Congress an assessment of how these programs satisfy

2 planned test objectives.

3 Subtitle C—Missile Defense

4 SEC. 231. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Missile Defense Act

6 of 1995’’.

7 SEC. 232. FINDINGS.

8 Congress makes the following findings:

9 (1) The threat that is posed to the national secu10 rity of the United States by the proliferation of ballis11 tic and cruise missiles is significant and growing,

12 both quantitatively and qualitatively.

13 (2) The deployment of effective Theater Missile

14 Defense systems can deny potential adversaries the

15 option of escalating a conflict by threatening or at16 tacking United States forces, coalition partners of the

17 United States, or allies of the United States with bal18 listic missiles armed with weapons of mass destruc19 tion to offset the operational and technical advantages

20 of the United States and its coalition partners and

21 allies.

22 (3) The intelligence community of the United

23 States has estimated that (A) the missile proliferation

24 trend is toward longer range and more sophisticated

25 ballistic missiles, (B) North Korea may deploy an
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1 intercontinental ballistic missile capable of reaching

2 Alaska or beyond within 5 years, and (C) although a

3 new indigenously developed ballistic missile threat to

4 the continental United States is not forecast within

5 the next 10 years there is a danger that determined

6 countries will acquire intercontinental ballistic mis7 siles in the near future and with little warning by

8 means other than indigenous development.

9 (4) The deployment by the United States and its

10 allies of effective defenses against ballistic missiles of

11 all ranges, as well as against cruise missiles, can re12 duce the incentives for countries to acquire such mis13 siles or to augment existing missile capabilities.

14 (5) The Cold War distinction between strategic

15 ballistic missiles and nonstrategic ballistic missiles

16 and, therefore, the ABM Treaty’s distinction between

17 strategic defense and nonstrategic defense, has

18 changed because of technological advancements and

19 should be reviewed.

20 (6) The concept of mutual assured destruction,

21 which was one of the major philosophical rationales

22 for the ABM Treaty, is now questionable as a basis

23 for stability in a multipolar world in which the Unit24 ed States and the states of the former Soviet Union
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1 are seeking to normalize relations and eliminate Cold

2 War attitudes and arrangements.

3 (7) Theater and national missile defenses can

4 contribute to the maintenance of stability as missile

5 threats proliferate and as the United States and the

6 former Soviet Union significantly reduce the number

7 of strategic nuclear forces in their respective inven8 tories.

9 (8) Although technology control regimes and

10 other forms of international arms control can contrib11 ute to nonproliferation, such measures alone are inad12 equate for dealing with missile proliferation, and

13 should not be viewed as alternatives to missile de14 fenses and other active and passive defenses.

15 (9) Due to limitations in the ABM Treaty which

16 preclude deployment of more than 100 ground-based

17 ABM interceptors at a single site, the United States

18 is currently prohibited from deploying a national

19 missile defense system capable of defending the con20 tinental United States, Alaska, and Hawaii against

21 even the most limited ballistic missile attacks.

22 SEC. 233. MISSILE DEFENSE POLICY.

23 It is the policy of the United States to—

24 (1) deploy as soon as possible affordable and

25 operationally effective theater missile defenses capable
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1 of countering existing and emerging theater ballistic

2 missiles;

3 (2)(A) develop for deployment a multiple-site na4 tional missile defense system that: (i) is affordable

5 and operationally effective against limited, acciden6 tal, and unauthorized ballistic missile attacks on the

7 territory of the United States, and (ii) can be aug8 mented over time as the threat changes to provide a

9 layered defense against limited, accidental, or unau10 thorized ballistic missile threats;

11 (B) initiate negotiations with the Russian Fed12 eration as necessary to provide for the national mis13 sile defense systems specified in section 235; and

14 (C) consider, if those negotiations fail, the option

15 of withdrawing from the ABM Treaty in accordance

16 with the provisions of Article XV of the Treaty, sub17 ject to consultations between the President and the

18 Senate;

19 (3) ensure congressional review, prior to a deci20 sion to deploy the system developed for deployment

21 under paragraph (2), of: (A) the affordability and

22 operational effectiveness of such a system; (B) the

23 threat to be countered by such a system; and (C)

24 ABM Treaty considerations with respect to such a

25 system.
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1 (4) improve existing cruise missile defenses and

2 deploy as soon as practical defenses that are afford3 able and operationally effective against advanced

4 cruise missiles;

5 (5) pursue a focused research and development

6 program to provide follow-on ballistic missile defense

7 options;

8 (6) employ streamlined acquisition procedures to

9 lower the cost and accelerate the pace of developing

10 and deploying theater missile defenses, cruise missile

11 defenses, and national missile defenses;

12 (7) seek a cooperative transition to a regime that

13 does not feature mutual assured destruction and an

14 offense-only form of deterrence as the basis for strate15 gic stability; and

16 (8) carry out the policies, programs, and require17 ments of subtitle C of title II of this Act through proc18 esses specified within, or consistent with, the ABM

19 Treaty, which anticipates the need and provides the

20 means for amendment to the Treaty.

21 SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.

22 (a) ESTABLISHMENT OF CORE PROGRAM.—To imple23 ment the policy established in section 233, the Secretary

24 of Defense shall establish a top priority core theater missile

25 defense program consisting of the following systems:
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1 (1) The Patriot PAC–3 system, with a first unit

2 equipped (FUE) in fiscal year 1998.

3 (2) The Navy Lower Tier (Area) system, with a

4 user operational evaluation system (UOES) capabil5 ity in fiscal year 1997 and an initial operational ca6 pability (IOC) in fiscal year 1999.

7 (3) The Theater High-Altitude Area Defense

8 (THAAD) system, with a user operational evaluation

9 system (UOES) capability in fiscal year 1997 and an

10 initial operational capability (IOC) no later than fis11 cal year 2002.

12 (4) The Navy Upper Tier (Theater Wide) system,

13 with a user operational evaluation system (UOES)

14 capability in fiscal year 1999 and an initial oper15 ational capability (IOC) in fiscal year 2001.

16 (b) INTEROPERABILITY AND SUPPORT OF CORE SYS17 TEMS.—To maximize effectiveness and flexibility, the Sec18 retary of Defense shall ensure that core theater missile de19 fense systems are interoperable and fully capable of exploit20 ing external sensor and battle management support from

21 systems such as the Navy’s Cooperative Engagement Capa22 bility (CEC), the Army’s Battlefield Integration Center

23 (BIC), air and space-based sensors including, in particular,

24 the Space and Missile Tracking System (SMTS).
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1 (c) TERMINATION OF PROGRAMS.—The Secretary of

2 Defense shall terminate the Boost Phase Interceptor (BPI)

3 program.

4 (d) FOLLOW-ON SYSTEMS.—(1) The Secretary of De5 fense shall develop an affordable development plan for fol6 low-on theater missile defense systems which leverages exist7 ing systems, technologies, and programs, and focuses invest8 ments to satisfy military requirements not met by the core

9 program.

10 (2) Before adding new theater missile defense systems

11 to the core program from among the follow-on activities,

12 the Secretary of Defense shall submit to the congressional

13 defense committees a report describing—

14 (A) the requirements for the program and the

15 specific threats to be countered;

16 (B) how the new program will relate to, support,

17 and leverage off existing core programs;

18 (C) the planned acquisition strategy; and

19 (D) a preliminary estimate of total program cost

20 and budgetary impact.

21 (e) REPORT.—(1) Not later than the date on which the

22 President submits the budget for fiscal year 1997 under sec23 tion 1105 of title 31, United States Code, the Secretary of

24 Defense shall submit to the congressional defense committees
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1 a report detailing the Secretary’s plans for implementing

2 the guidance specified in this section.

3 (2) For each deployment date for each system described

4 in subsection (a), the report required by paragraph (1) of

5 this subsection shall include the funding required for re6 search, development, testing, evaluation, and deployment

7 for each fiscal year beginning with fiscal year 1997 through

8 the end of the fiscal year in which deployment is projected

9 under subsection (a).

10 SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITEC11 TURE.

12 (a) IN GENERAL.—To implement the policy established

13 in section 233, the Secretary of Defense shall develop an

14 affordable and operationally effective national missile de15 fense system to counter a limited, accidental, or unauthor16 ized ballistic missile attack, and which is capable of attain17 ing initial operational capability (IOC) by the end of 2003.

18 Such system shall include the following:

19 (1) Ground-based interceptors capable of being

20 deployed at multiple sites, the locations and numbers

21 of which are to be determined so as to optimize the

22 defensive coverage of the continental United States,

23 Alaska, and Hawaii against limited, accidental, or

24 unauthorized ballistic missile attacks.
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1 (2) Fixed ground-based radars and space-based

2 sensors, including the Space and Missile Tracking

3 system, the mix, siting and numbers of which are to

4 be determined so as to optimize sensor support and

5 minimize total system cost.

6 (3) Battle management, command, control, and

7 communications (BM/C3).

8 (b) INTERIM OPERATIONAL CAPABILITY.—To provide

9 a hedge against the emergence of near-term ballistic missile

10 threats against the United States and to support the devel11 opment and deployment of the objective system specified in

12 subsection (a), the Secretary of Defense shall develop an in13 terim national missile defense plan that would give the

14 United States the ability to field a limited operational ca15 pability by the end of 1999 if required by the threat. In

16 developing this plan the Secretary shall make use of—

17 (1) developmental, or user operational evaluation

18 system (UOES) interceptors, radars, and battle man19 agement, command, control, and communications

20 (BM/C3), to the extent that such use directly supports,

21 and does not significantly increase the cost of, the ob22 jective system specified in subsection (a);

23 (2) one or more of the sites that will be used as

24 deployment locations for the objective system specified

25 in subsection (a);
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1 (3) upgraded early warning radars; and

2 (4) space-based sensors.

3 (c) USE OF STREAMLINED ACQUISITION PROCE4 DURES.—The Secretary of Defense shall prescribe and use

5 streamlined acquisition procedures to—

6 (1) reduce the cost and increase the efficiency of

7 developing the national missile defense system speci8 fied in subsection (a); and

9 (2) ensure that any interim national missile de10 fense capabilities developed pursuant to subsection (b)

11 are operationally effective and on a path to fulfill the

12 technical requirements and schedule of the objective

13 system.

14 (d) ADDITIONAL COST SAVING MEASURES.—In addi15 tion to the procedures prescribed pursuant to subsection (c),

16 the Secretary of Defense shall employ cost saving measures

17 that do not decrease the operational effectiveness of the sys18 tems specified in subsections (a) and (b), and which do not

19 pose unacceptable technical risk. The cost saving measures

20 should include the following:

21 (1) The use of existing facilities and infrastruc22 ture.

23 (2) The use, where appropriate, of existing or

24 upgraded systems and technologies, except that Min-
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1 uteman boosters may not be used as part of a Na2 tional Missile Defense architecture.

3 (3) Development of systems and components that

4 do not rely on a large and permanent infrastructure

5 and are easily transported, emplaced, and moved.

6 (e) REPORT ON PLAN FOR DEPLOYMENT.—Not later

7 than the date on which the President submits the budget

8 for fiscal year 1997 under section 1105 of title 31, United

9 States Code, the Secretary of Defense shall submit to the

10 congressional defense committees a report containing the

11 following matters:

12 (1) The Secretary’s plan for carrying out this

13 section.

14 (2) For each deployment date in subsections (a)

15 and (b), the report shall include the funding required

16 for research, development, testing, evaluation, and de17 ployment for each fiscal year beginning with fiscal

18 year 1997 through the end of the fiscal year in which

19 deployment is projected under subsection (a) or (b).

20 The report shall also describe the specific threat to be

21 countered and provide the Secretary’s assessment as

22 to whether deployment is affordable and operationally

23 effective.

24 (3) An analysis of options for supplementing or

25 modifying the national missile defense architecture
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1 specified in subsection (a) before attaining initial

2 operational capability, or evolving such architecture

3 in a building block manner after attaining initial

4 operational capability, to improve the cost-effective5 ness or the operational effectiveness of such system by

6 adding one or a combination of the following:

7 (A) Additional ground-based interceptors at

8 existing or new sites.

9 (B) Sea-based missile defense systems.

10 (C) Space-based kinetic energy interceptors.

11 (D) Space-based directed energy systems.

12 SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.

13 (a) IN GENERAL.—The Secretary of Defense shall un14 dertake an initiative to coordinate and strengthen the cruise

15 missile defense programs, projects, and activities of the

16 military departments, the Advanced Research Projects

17 Agency and the Ballistic Missile Defense Organization to

18 ensure that the United States develops and deploys afford19 able and operationally effective defenses against existing

20 and future cruise missile threats.

21 (b) ACTIONS OF THE SECRETARY OF DEFENSE.—In

22 carrying out subsection (a), the Secretary of Defense shall

23 ensure that—

24 (1) to the extent practicable, the ballistic missile

25 defense and cruise missile defense efforts of the De-
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1 partment of Defense are coordinated and mutually re2 inforcing;

3 (2) existing air defense systems are adequately

4 upgraded to provide an affordable and operationally

5 effective defense against existing and near-term cruise

6 missile threats; and

7 (3) the Department of Defense undertakes a high

8 priority and well coordinated technology development

9 program to support the future deployment of systems

10 that are affordable and operationally effective against

11 advanced cruise missiles, including cruise missiles

12 with low observable features.

13 (c) IMPLEMENTATION PLAN.—Not later than the date

14 on which the President submits the budget for fiscal year

15 1997 under section 1105 of title 31, United States Code,

16 the Secretary of Defense shall submit to the congressional

17 defense committees a detailed plan, in unclassified and clas18 sified forms, as necessary, for carrying out this section. The

19 plan shall include an assessment of—

20 (1) the systems that currently have cruise missile

21 defense capabilities, and existing programs to im22 prove these capabilities;

23 (2) the technologies that could be deployed in the

24 near- to mid-term to provide significant advances

25 over existing cruise missile defense capabilities, and
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1 the investments that would be required to ready the

2 technologies for deployment;

3 (3) the cost and operational tradeoffs, if any, be4 tween upgrading existing air and missile defense sys5 tems and accelerating follow-on systems with signifi6 cantly improved capabilities against advanced cruise

7 missiles; and

8 (4) the organizational and management changes

9 that would strengthen and further coordinate the

10 cruise missile defense efforts of the Department of De11 fense, including the disadvantages, if any, of imple12 menting such changes.

13 SEC. 237. POLICY REGARDING THE ABM TREATY.

14 (a) Congress makes the following findings:

15 (1) Article XIII of the ABM Treaty envisions

16 ‘‘possible changes in the strategic situation which

17 have a bearing on the provisions of this treaty’’.

18 (2) Articles XIII and XIV of the ABM Treaty es19 tablish means for the Parties to amend the Treaty,

20 and the Parties have employed these means to amend

21 the Treaty.

22 (3) Article XV of the ABM Treaty establishes the

23 means for a party to withdraw from the Treaty, upon

24 6 months notice, ‘‘if it decides that extraordinary
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1 events related to the subject matter of this treaty have

2 jeopardized its supreme interests’’.

3 (4) The policies, programs, and requirements of

4 subtitle C of title II of this Act can be accomplished

5 through processes specified within, or consistent with,

6 the ABM Treaty, which anticipates the need and pro7 vides the means for amendment to the Treaty.

8 (b) SENSE OF CONGRESS.—In light of the findings and

9 policies provided in this subtitle, it is the sense of Congress

10 that—

11 (1) Given the fundamental responsibility of the

12 Government of the United States to protect the secu13 rity of the United States, the increasingly serious

14 threat posed to the United States by the proliferation

15 of weapons of mass destruction and ballistic missile

16 technology, and the effect this threat could have on the

17 options of the United States to act in a time of cri18 sis—

19 (A) it is in the vital national security inter20 est of the United States to defend itself from the

21 threat of a limited, accidental, or unauthorized

22 ballistic missile attack, whatever its source; and

23 (B) the deployment of a national missile de24 fense system, in accord with section 233, to pro25 tect the territory of the United States against a
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1 limited, accidental, or unauthorized missile at2 tack can strengthen strategic stability and deter3 rence; and

4 (2)(A) the Senate should undertake a comprehen5 sive review of the continuing value and validity of the

6 ABM Treaty with the intent of providing additional

7 policy guidance on the future of the ABM Treaty dur8 ing the second session of the One Hundred Fourth

9 Congress; and

10 (B) upon completion of the review, the Commit11 tee on Foreign Relations, in consultation with the

12 Committee on Armed Services and other appropriate

13 committees, should report its findings to the Senate.

14 SEC. 238. PROHIBITION ON FUNDS TO IMPLEMENT AN

15 INTERNATIONAL AGREEMENT CONCERNING

16 THEATER MISSILE DEFENSE SYSTEMS.

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

18 (1) Section 234 of the National Defense Author19 ization Act for Fiscal Year 1994 provides that the

20 ABM Treaty does not apply to or limit research, de21 velopment, testing, or deployment of missile defense

22 systems, system upgrades, or system components that

23 are designed to counter modern theater ballistic mis24 siles, regardless of the capabilities of such missiles,

25 unless those systems, system upgrades, or system com-
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1 ponents are tested against or have demonstrated capa2 bilities to counter modern strategic ballistic missiles.

3 (2) Section 232 of the National Defense Author4 ization Act for Fiscal Year 1995 provides that the

5 United States shall not be bound by any inter6 national agreement that would substantially modify

7 the ABM Treaty unless the agreement is entered into

8 pursuant to the treaty making power of the President

9 under the Constitution.

10 (3) the demarcation standard described in sub11 section (b)(1) is based upon current technology.

12 (b) SENSE OF CONGRESS.—It is the sense of Congress

13 that—

14 (1) unless a missile defense system, system up15 grade, or system component, including one that ex16 ploits data from space-based or other external sensors,

17 is flight tested against a ballistic missile target that

18 exceeds a range of 3,500 kilometers or a velocity of 5

19 kilometers per second, such missile defense system,

20 system upgrade, or system component has not been

21 tested in an ABM mode nor deemed to have been

22 given capabilities to counter strategic ballistic mis23 siles, and

24 (2) any international agreement that would

25 limit the research, development, testing, or deploy-
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1 ment of missile defense systems, system upgrades, or

2 system components that are designed to counter mod3 ern theater ballistic missiles in a manner that would

4 be more restrictive than the criteria in paragraph (1)

5 should be entered into only pursuant to the treaty

6 making powers of the President under the Constitu7 tion.

8 (c) PROHIBITION ON FUNDING.—Funds appropriated

9 or otherwise made available to the Department of Defense

10 for fiscal year 1996 may not be obligated or expended to

11 implement an agreement with any of the independent states

12 of the former Soviet Union entered into after January 1,

13 1995 that would establish a demarcation between theater

14 missile defense systems and anti-ballistic missile systems for

15 purposes of the ABM Treaty or that would restrict the per16 formance, operation, or deployment of United States theater

17 missile defense systems except: (1) to the extent provided

18 in an Act enacted subsequent to this Act; (2) to implement

19 that portion of any such agreement that implements the cri20 teria in subsection (b)(1); or (3) to implement any such

21 agreement that is entered into pursuant to the treaty mak22 ing power of the President under the Constitution.
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1 SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELE2 MENTS.

3 (a) ELEMENTS SPECIFIED.—In the budget justifica4 tion materials submitted to Congress in support of the De5 partment of Defense budget for any fiscal year after fiscal

6 year 1996 (as submitted in the budget of the President

7 under section 1105(a) of title 31, United States Code), the

8 amount requested for activities of the Ballistic Missile De9 fense Organization shall be set forth in accordance with the

10 following program elements:

11 (1) The Patriot system.

12 (2) The Navy Lower Tier (Area) system.

13 (3) The Theater High-Altitude Area Defense

14 (THAAD) system.

15 (4) The Navy Upper Tier (Theater Wide) system.

16 (5) Other Theater Missile Defense Activities.

17 (6) National Missile Defense.

18 (7) Follow-On and Support Technologies.

19 (b) TREATMENT OF NON-CORE TMD IN OTHER THEA20 TER MISSILE DEFENSE ACTIVITIES ELEMENT.—Funding

21 for theater missile defense programs, projects, and activities,

22 other than core theater missile defense programs, shall be

23 covered in the ‘‘Other Theater Missile Defense Activities’’

24 program element.

25 (c) TREATMENT OF CORE THEATER MISSILE DE26 FENSE PROGRAMS.—Funding for core theater missile de-
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1 fense programs specified in section 234, shall be covered in

2 individual, dedicated program elements and shall be avail3 able only for activities covered by those program elements.

4 (d) BM/C3I PROGRAMS.—Funding for programs,

5 projects, and activities involving battle management, com6 mand, control, communications, and intelligence (BM/C3I)

7 shall be covered in the ‘‘Other Theater Missile Defense Ac8 tivities’’ program element or the ‘‘National Missile Defense’’

9 program element, as determined on the basis of the primary

10 objectives involved.

11 (e) MANAGEMENT AND SUPPORT.—Each program ele12 ment shall include requests for the amounts necessary for

13 the management and support of the programs, projects, and

14 activities contained in that program element.

15 SEC. 240. ABM TREATY DEFINED.

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

17 means the Treaty Between the United States of America

18 and the Union of Soviet Socialist Republics on the Limita19 tion of Anti-Ballistic Missiles, signed at Moscow on May

20 26, 1972, and includes the Protocols to that Treaty, signed

21 at Moscow on July 3, 1974.

22 SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.

23 The following provisions of law are repealed:

24 (1) The Missile Defense Act of 1991 (part C of

25 title II of Public Law 102–190; 10 U.S.C. 2431 note).
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1 (2) Section 237 of the National Defense Author2 ization Act for Fiscal Year 1994 (Public Law 103–

3 160).

4 (3) Section 242 of the National Defense Author5 ization Act for Fiscal Year 1994 (Public Law 103–

6 160).

7 (4) Section 222 of the Department of Defense

8 Authorization Act, 1986 (Public Law 99–145; 99

9 Stat. 613; 10 U.S.C. 2431 note).

10 (5) Section 225 of the Department of Defense

11 Authorization Act, 1986 (Public Law 99–145; 99

12 Stat. 614).

13 (6) Section 226 of the National Defense Author14 ization Act for Fiscal Years 1988 and 1989 (Public

15 Law 100–180; 101 Stat. 1057; 10 U.S.C. 2431 note).

16 (7) Section 8123 of the Department of Defense

17 Appropriations Act, 1989 (Public Law 100–463; 102

18 Stat. 2270–40).

19 (8) Section 8133 of the Department of Defense

20 Appropriations Act, 1992 (Public Law 102–172; 105

21 Stat. 1211).

22 (9) Section 234 of the National Defense Author23 ization Act for Fiscal Year 1994 (Public Law 103–

24 160; 107 Stat. 1595; 10 U.S.C. 2431 note).
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1 (10) Section 235 of the National Defense Author2 ization Act for Fiscal Year 1995 (Public Law 103–

3 337; 108 Stat. 2701; 10 U.S.C. 221 note).

4 SEC. 242. SENSE OF SENATE ON THE DIRECTOR OF OPER5 ATIONAL TEST AND EVALUATION.

6 (a) FINDINGS.—The Senate makes the following find7 ings:

8 (1) The Office of the Director of Operational Test

9 and Evaluation of the Department of Defense was cre10 ated by Congress to provide an independent valida11 tion and verification on the suitability and effective12 ness of new weapons, and to ensure that the United

13 States military departments acquire weapons that are

14 proven in an operational environment before they are

15 produced and used in combat.

16 (2) The office is currently making significant

17 contributions to the process by which the Department

18 of Defense acquires new weapons by providing vital

19 insights on operational weapons tests to be used in

20 this acquisition process.

21 (3) The office provides vital services to Congress

22 in providing an independent certification on the per23 formance of new weapons that have been operation24 ally tested.
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1 (4) A provision of H.R.1530, an Act entitled

2 ‘‘An Act to authorize appropriations for fiscal year

3 1996 for military activities of the Department of De4 fense, for military construction, and for defense ac5 tivities of the Department of Energy, to prescribe per6 sonnel strengths for such fiscal year for the Armed

7 Forces, and for other purposes’’, agreed to by the

8 House of Representatives on June 15, 1995, contains

9 a provision that could substantially diminish the au10 thority and responsibilities of the office and perhaps

11 cause the elimination of the office and its functions.

12 (b) SENSE OF THE SENATE.—It is the sense of the Sen13 ate that—

14 (1) the authority and responsibilities of the Of15 fice of the Director of Operational Test and Evalua16 tion of the Department of Defense should not be di17 minished or eliminated; and

18 (2) the conferees on H.R.1530, an Act entitled

19 ‘‘An Act to authorize appropriations for fiscal year

20 1996 for military activities of the Department of De21 fense, for military construction, and for defense ac22 tivities of the Department of Energy, to prescribe per23 sonnel strengths for such fiscal year for the Armed

24 Forces, and for other purposes’’ should not propose to

25 Congress a conference report on that Act that would
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1 either diminish or eliminate the Office of the Director

2 of Operational Test and Evaluation or its functions.

3 SEC. 243. BALLISTIC MISSILE DEFENSE TECHNOLOGY CEN4 TER.

5 (a) ESTABLISHMENT.—The Director of the Ballistic

6 Missile Defense Organization shall establish a Ballistic Mis7 sile Defense Technology Center within the Space and Stra8 tegic Defense Command of the Army.

9 (b) MISSION.—The missions of the Center are as fol10 lows:

11 (1) To maximize common application of ballistic

12 missile defense component technology programs, target

13 test programs, functional analysis and phenomenol14 ogy investigations.

15 (2) To store data from the missile defense tech16 nology programs of the Armed Forces using computer

17 facilities of the Missile Defense Data Center.

18 (c) TECHNOLOGY PROGRAM COORDINATION WITH

19 CENTER.—The Secretary of Defense, acting through the Di20 rector of the Ballistic Missile Defense Organization, shall

21 require the head of each element or activity of the Depart22 ment of Defense beginning a new missile defense program

23 referred to in subsection (b)(1) to first coordinate the pro24 gram with the Ballistic Missile Defense Technology Center

25 in order to prevent duplication of effort.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for fis7 cal year 1996 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for ex9 penses, not otherwise provided for, for operation and main10 tenance, in amounts as follows:

11 (1) For the Army, $18,073,206,000.

12 (2) For the Navy, $21,343,960,000.

13 (3) For the Marine Corps, $2,405,711,000.

14 (4) For the Air Force, $18,224,893,000.

15 (5) For Defense-wide activities, $10,021,162,000.

16 (6) For the Army Reserve, $1,062,591,000.

17 (7) For the Naval Reserve, $840,842,000.

18 (8) For the Marine Corps Reserve, $90,283,000.

19 (9) For the Air Force Reserve, $1,482,947,000.

20 (10) For the Army National Guard,

21 $2,304,108,000.

22 (11) For the Air National Guard,

23 $2,734,221,000.

24 (12) For the Defense Inspector General,

25 $138,226,000.
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1 (13) For the United States Court of Appeals for

2 the Armed Forces, $6,521,000.

3 (14) For Environmental Restoration, Defense,

4 $1,601,800,000.

5 (15) For Drug Interdiction and Counter-drug

6 Activities, Defense-wide, $680,432,000.

7 (16) For Medical Programs, Defense,

8 $9,943,825,000.

9 (17) For support for the 1996 Summer Olym10 pics, $15,000,000.

11 (18) For Cooperative Threat Reduction pro12 grams, $365,000,000.

13 (19) For Overseas Humanitarian, Disaster, and

14 Civic Aid programs, $60,000,000.

15 The amount authorized to be appropriated by section

16 301(5) is hereby reduced by $40,000,000.

17 SEC. 302. WORKING CAPITAL FUNDS.

18 Funds are hereby authorized to be appropriated for fis19 cal year 1996 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 providing capital for working capital and revolving funds

22 in amounts as follows:

23 (1) For the Defense Business Operations Fund,

24 $878,700,000.
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1 (2) For the National Defense Sealift Fund,

2 $1,084,220,000.

3 SEC. 303. ARMED FORCES RETIREMENT HOME.

4 (a) AUTHORIZATION OF APPROPRIATIONS TO TRUST

5 FUND.—There is hereby authorized to be appropriated to

6 the Armed Forces Retirement Home Trust Fund the sum

7 of $45,000,000, to remain available until expended.

8 (b) AUTHORIZATION OF APPROPRIATIONS FROM

9 TRUST FUND.—There is hereby authorized to be appro10 priated for fiscal year 1996 from the Armed Forces Retire11 ment Home Trust Fund the sum of $59,120,000 for the op12 eration of the Armed Forces Retirement Home, including

13 the United States Soldiers’ and Airmen’s Home and the

14 Naval Home.

15 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK16 PILE TRANSACTION FUND.

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

18 appropriations Acts, not more than $150,000,000 is author19 ized to be transferred from the National Defense Stockpile

20 Transaction Fund to operation and maintenance accounts

21 for fiscal year 1996 in amounts as follows:

22 (1) For the Army, $50,000,000.

23 (2) For the Navy, $50,000,000.

24 (3) For the Air Force, $50,000,000.
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1 (b) TREATMENT OF TRANSFERS.—Amounts trans2 ferred under this section—

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

4 same purposes and the same period as, the amounts

5 in the accounts to which transferred; and

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

7 been denied authorization of appropriations by Con8 gress.

9 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR10 ITY.—The transfer authority provided in this section is in

11 addition to the transfer authority provided in section 1001.

12 SEC. 305. INCREASE IN FUNDING FOR THE CIVIL AIR PA13 TROL.

14 (a) INCREASE.—(1) The amount of funds authorized

15 to be appropriated by this Act for operation and mainte16 nance of the Air Force for the Civil Air Patrol Corporation

17 is hereby increased by $5,000,000.

18 (2) The amount authorized to be appropriated for op19 eration and maintenance for the Civil Air Patrol Corpora20 tion under paragraph (1) is in addition to any other funds

21 authorized to be appropriated under this Act for that pur22 pose.

23 (b) OFFSETTING REDUCTION.—The amount author24 ized to be appropriated under this Act for Air Force support

25 of the Civil Air Patrol is hereby reduced by $2,900,000. The
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1 amount of the reduction shall be allocated among funds au2 thorized to be appropriated for Air Force personnel sup3 porting the Civil Air Patrol and for Air Force operation

4 and maintenance support for the Civil Air Patrol.

5 Subtitle B—Depot-Level

6 Maintenance and Repair

7 SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT8 LEVEL MAINTENANCE AND REPAIR FOR THE

9 DEPARTMENT OF DEFENSE.

10 (a) REQUIREMENT FOR POLICY.—Not later than

11 March 31, 1996, the Secretary of Defense shall develop and

12 report to the Committee on Armed Services of the Senate

13 and the Committee on National Security of the House of

14 Representatives a comprehensive policy on the performance

15 of depot-level maintenance and repair for the Department

16 of Defense.

17 (b) PRIMARY OBJECTIVE OF POLICY.—In developing

18 the policy, it shall be the primary objective of the Secretary

19 to ensure a ready and controlled source of technical com20 petence and repair and maintenance capabilities necessary

21 for national security across a full range of current and pro22 jected training and operational requirements, including re23 quirements in peacetime, contingency operations, mobiliza24 tion, and other emergencies.

25 (c) CONTENT OF POLICY.—The policy shall—
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1 (1) define, in terms of the requirements of the

2 Department of Defense for performance of mainte3 nance and repair, the purpose for having public de4 pots for performing those functions;

5 (2) provide for performance of core depot-level

6 maintenance and repair capabilities in facilities

7 owned and operated by the United States;

8 (3) provide for the core capabilities to include

9 sufficient skilled personnel, equipment, and facilities

10 to achieve the objective set forth in subsection (b);

11 (4) address environmental liability;

12 (5) in the case of depot-level maintenance and

13 repair workloads in excess of the workload required to

14 be performed by Department of Defense depots, pro15 vide for competition for those workloads between pub16 lic and private entities when there is sufficient poten17 tial for realizing cost savings based on adequate pri18 vate sector competition and technical capabilities;

19 (6) provide for selection on the basis of merit

20 whenever the workload of a Department of Defense

21 depot is changed;

22 (7) provide transition provisions appropriate for

23 persons in the Department of Defense depot-level

24 workforce; and
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1 (8) address issues concerning exchange of tech2 nical data between the Federal Government and the

3 private sector, environmental liability, efficient and

4 effective performance of depot functions, and adverse

5 effects of the policy on the Federal Government work

6 force.

7 (d) CONSIDERATION.—In developing the policy, the

8 Secretary shall take into consideration the capabilities of

9 the public depots and the capabilities of businesses in the

10 private sector to perform the maintenance and repair work

11 required by the Department of Defense.

12 (e) REPEAL OF 60/40 REQUIREMENT AND REQUIRE13 MENT RELATING TO COMPETITION.—(1) Sections 2466 and

14 2469 of title 10, United States Code, are repealed.

15 (2) The table of sections at the beginning of chapter

16 146 of such title is amended by striking out the items relat17 ing to sections 2466 and 2469.

18 (3) The amendments made by paragraphs (1) and (2)

19 shall take effect on the date (after the date of the enactment

20 of this Act) on which legislation is enacted that contains

21 a provision that specifically states one of the following:

22 (A) ‘‘The policy on the performance of depot-level

23 maintenance and repair for the Department of De24 fense that was submitted by the Secretary of Defense

25 to the Committee on Armed Services of the Senate
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1 and the Committee on National Security of the House

2 of Representatives pursuant to section 311 of the Na3 tional Defense Authorization Act for Fiscal Year 1996

4 is approved.’’; or

5 (B) ‘‘The policy on the performance of depot-level

6 maintenance and repair for the Department of De7 fense that was submitted by the Secretary of Defense

8 to the Committee on Armed Services of the Senate

9 and the Committee on National Security of the House

10 of Representatives pursuant to section 311 of the Na11 tional Defense Authorization Act for Fiscal Year 1996

12 is approved with the following modifications:’’ (with

13 the modifications being stated in matter appearing

14 after the colon).

15 (f) REVIEW BY THE GENERAL ACCOUNTING OFFICE.—

16 (1) The Secretary shall make available to the Comptroller

17 General of the United States all information used by the

18 Department in developing the policy under subsections (a)

19 through (d) of this section.

20 (2) Not later than 45 days after the Secretary submits

21 to Congress the report required by subsection (a), the Comp22 troller General shall transmit to Congress a report contain23 ing a detailed analysis of the Secretary’s proposed policy

24 as reported under subsection (a).
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1 SEC. 312. EXTENSION OF AUTHORITY FOR AVIATION DE2 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

3 DEFENSE-RELATED PRODUCTION AND SERV4 ICES.

5 Section 1425(e) of the National Defense Authorization

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

7 1684), as amended by section 370(b) of Public Law 103–

8 160 (107 Stat. 1634) and section 386(b) of Public Law 103–

9 337 (108 Stat. 2742), is further amended by striking out

10 ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep11 tember 30, 1996’’.

12 Subtitle C—Environmental

13 Provisions

14 SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS

15 FOR SERVICES UNDER ENVIRONMENTAL RES16 TORATION PROGRAM.

17 (a) REQUIREMENTS.—(1) Section 2701(d) of title 10,

18 United States Code, is amended to read as follows:

19 ‘‘(d) SERVICES OF OTHER AGENCIES.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

21 Secretary may enter into agreements on a reimburs22 able or other basis with any other Federal agency, or

23 with any State or local government agency, to obtain

24 the services of the agency to assist the Secretary in

25 carrying out any of the Secretary’s responsibilities

26 under this section. Services which may be obtained
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1 under this subsection include the identification, inves2 tigation, and cleanup of any off-site contamination

3 resulting from the release of a hazardous substance or

4 waste at a facility under the Secretary’s jurisdiction.

5 ‘‘(2) LIMITATION ON REIMBURSABLE AGREE6 MENTS.—An agreement with an agency under para7 graph (1) may provide for reimbursement of the agen8 cy only for technical or scientific services obtained

9 from the agency.’’.

10 (2)(A) Except as provided in subparagraph (B), the

11 total amount of funds available for reimbursements under

12 agreements entered into under section 2710(d) of title 10,

13 United States Code, as amended by paragraph (1), in fiscal

14 year 1996 may not exceed $5,000,000.

15 (B) The Secretary of Defense may pay in fiscal year

16 1996 an amount for reimbursements under agreements re17 ferred to in subparagraph (A) in excess of the amount speci18 fied in that subparagraph for that fiscal year if—

19 (i) the Secretary certifies to Congress that the

20 payment of the amount under this subparagraph is

21 essential for the management of the Defense Environ22 mental Restoration Program under chapter 160 of

23 title 10, United States Code; and
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1 (ii) a period of 60 days has expired after the

2 date on which the certification is received by Con3 gress.

4 (b) REPORT ON SERVICES OBTAINED.—The Secretary

5 of Defense shall include in the report submitted to Congress

6 with respect to fiscal year 1998 under section 2706(a) of

7 title 10, United States Code, information on the services,

8 if any, obtained by the Secretary during fiscal year 1996

9 pursuant to each agreement on a reimbursable basis entered

10 into with a State or local government agency under section

11 2701(d) of title 10, United States Code, as amended by sub12 section (a). The information shall include a description of

13 the services obtained under each agreement and the amount

14 of the reimbursement provided for the services.

15 SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED

16 FORCES.

17 (a) PURPOSES.—The purposes of this section are to—

18 (1) enhance the operational flexibility of vessels

19 of the Armed Forces domestically and internationally;

20 (2) stimulate the development of innovative ves21 sel pollution control technology; and

22 (3) advance the development by the United

23 States Navy of environmentally sound ships.

24 (b) UNIFORM NATIONAL DISCHARGE STANDARDS DE25 VELOPMENT.—Section 312 of the Federal Water Pollution
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1 Control Act (33 U.S.C. 1322) is amended by adding at the

2 end the following:

3 ‘‘(n) UNIFORM NATIONAL DISCHARGE STANDARDS

4 FOR VESSELS OF THE ARMED FORCES.—

5 ‘‘(1) APPLICABILITY.—This subsection shall

6 apply to vessels of the Armed Forces and discharges,

7 other than sewage, incidental to the normal operation

8 of a vessel of the Armed Forces, unless the Secretary

9 of Defense finds that compliance with this subsection

10 would not be in the national security interests of the

11 United States.

12 ‘‘(2) DETERMINATION OF DISCHARGES REQUIRED

13 TO BE CONTROLLED BY MARINE POLLUTION CONTROL

14 DEVICES.—

15 ‘‘(A) IN GENERAL.—The Administrator and

16 the Secretary of Defense, after consultation with

17 the Secretary of the department in which the

18 Coast Guard is operating, the Secretary of Com19 merce, and interested States, shall jointly deter20 mine the discharges incidental to the normal op21 eration of a vessel of the Armed Forces for which

22 it is reasonable and practicable to require use of

23 a marine pollution control device to mitigate ad24 verse impacts on the marine environment. Not25 withstanding subsection (a)(1) of section 553 of
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1 title 5, United States Code, the Administrator

2 and the Secretary of Defense shall promulgate

3 the determinations in accordance with the sec4 tion.

5 ‘‘(B) CONSIDERATIONS.—In making a de6 termination under subparagraph (A), the Ad7 ministrator and the Secretary of Defense shall

8 take into consideration—

9 ‘‘(i) the nature of the discharge;

10 ‘‘(ii) the environmental effects of the

11 discharge;

12 ‘‘(iii) the practicability of using the

13 marine pollution control device;

14 ‘‘(iv) the effect that installation or use

15 of the marine pollution control device would

16 have on the operation or operational capa17 bility of the vessel;

18 ‘‘(v) applicable United States law;

19 ‘‘(vi) applicable international stand20 ards; and

21 ‘‘(vii) the economic costs of the instal22 lation and use of the marine pollution con23 trol device.

24 ‘‘(3) PERFORMANCE STANDARDS FOR MARINE

25 POLLUTION CONTROL DEVICES.—
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1 ‘‘(A) IN GENERAL.—For each discharge for

2 which a marine pollution control device is deter3 mined to be required under paragraph (2), the

4 Administrator and the Secretary of Defense, in

5 consultation with the Secretary of the depart6 ment in which the Coast Guard is operating, the

7 Secretary of State, the Secretary of Commerce,

8 other interested Federal agencies, and interested

9 States, shall jointly promulgate Federal stand10 ards of performance for each marine pollution

11 control device required with respect to the dis12 charge. Notwithstanding subsection (a)(1) of sec13 tion 553 of title 5, United States Code, the Ad14 ministrator and the Secretary of Defense shall

15 promulgate the standards in accordance with the

16 section.

17 ‘‘(B) CONSIDERATIONS.—In promulgating

18 standards under this paragraph, the Adminis19 trator and the Secretary of Defense shall take

20 into consideration the matters set forth in para21 graph (2)(B).

22 ‘‘(C) CLASSES, TYPES, AND SIZES OF VES23 SELS.—The standards promulgated under this

24 paragraph may—
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1 ‘‘(i) distinguish among classes, types,

2 and sizes of vessels;

3 ‘‘(ii) distinguish between new and ex4 isting vessels; and

5 ‘‘(iii) provide for a waiver of the ap6 plicability of the standards as necessary or

7 appropriate to a particular class, type, age,

8 or size of vessel.

9 ‘‘(4) REGULATIONS FOR USE OF MARINE POLLU10 TION CONTROL DEVICES.—The Secretary of Defense,

11 after consultation with the Administrator and the

12 Secretary of the department in which the Coast

13 Guard is operating, shall promulgate such regulations

14 governing the design, construction, installation, and

15 use of marine pollution control devices on board ves16 sels of the Armed Forces as are necessary to achieve

17 the standards promulgated under paragraph (3).

18 ‘‘(5) DEADLINES; EFFECTIVE DATE.—

19 ‘‘(A) DETERMINATIONS.—The Adminis20 trator and the Secretary of Defense shall—

21 ‘‘(i) make the initial determinations

22 under paragraph (2) not later than 2 years

23 after the date of enactment of this sub24 section; and

25 ‘‘(ii) every 5 years—
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1 ‘‘(I) review the determinations;

2 and

3 ‘‘(II) if necessary, revise the deter4 minations based on significant new in5 formation.

6 ‘‘(B) STANDARDS.—The Administrator and

7 the Secretary of Defense shall—

8 ‘‘(i) promulgate standards of perform9 ance for a marine pollution control device

10 under paragraph (3) not later than 2 years

11 after the date of a determination under

12 paragraph (2) that the marine pollution

13 control device is required; and

14 ‘‘(ii) every 5 years—

15 ‘‘(I) review the standards; and

16 ‘‘(II) if necessary, revise the

17 standards, consistent with paragraph

18 (3)(B) and based on significant new

19 information.

20 ‘‘(C) REGULATIONS.—The Secretary of De21 fense shall promulgate regulations with respect to

22 a marine pollution control device under para23 graph (4) as soon as practicable after the Ad24 ministrator and the Secretary of Defense pro25 mulgate standards with respect to the device
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1 under paragraph (3), but not later than 1 year

2 after the Administrator and the Secretary of De3 fense promulgate the standards. The regulations

4 promulgated by the Secretary of Defense under

5 paragraph (4) shall become effective upon pro6 mulgation unless another effective date is speci7 fied in the regulations.

8 ‘‘(D) PETITION FOR REVIEW.—The Gov9 ernor of any State may submit a petition re10 questing that the Secretary of Defense and the

11 Administrator review a determination under

12 paragraph (2) or a standard under paragraph

13 (3), if there is significant new information, not

14 considered previously, that could reasonably re15 sult in a change to the particular determination

16 or standard after consideration of the matters set

17 forth in paragraph (2)(B). The petition shall be

18 accompanied by the scientific and technical in19 formation on which the petition is based. The

20 Administrator and the Secretary of Defense shall

21 grant or deny the petition not later than 2 years

22 after the date of receipt of the petition.

23 ‘‘(6) EFFECT ON OTHER LAWS.—
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1 ‘‘(A) PROHIBITION ON REGULATION BY

2 STATES OR POLITICAL SUBDIVISIONS OF

3 STATES.—Beginning on the effective date of—

4 ‘‘(i) a determination under paragraph

5 (2) that it is not reasonable and practicable

6 to require use of a marine pollution control

7 device regarding a particular discharge in8 cidental to the normal operation of a vessel

9 of the Armed Forces; or

10 ‘‘(ii) regulations promulgated by the

11 Secretary of Defense under paragraph (4);

12 except as provided in paragraph (7), neither a

13 State nor a political subdivision of a State may

14 adopt or enforce any statute or regulation of the

15 State or political subdivision with respect to the

16 discharge or the design, construction, installa17 tion, or use of any marine pollution control de18 vice required to control the discharge.

19 ‘‘(B) FEDERAL LAWS.—This subsection

20 shall not affect the application of section 311 to

21 discharges incidental to the normal operation of

22 a vessel.

23 ‘‘(7) ESTABLISHMENT OF STATE NO-DISCHARGE

24 ZONES.—

25 ‘‘(A) STATE PROHIBITION.—
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1 ‘‘(i) IN GENERAL.—After the effective

2 date of—

3 ‘‘(I) a determination under para4 graph (2) that it is not reasonable and

5 practicable to require use of a marine

6 pollution control device regarding a

7 particular discharge incidental to the

8 normal operation of a vessel of the

9 Armed Forces; or

10 ‘‘(II) regulations promulgated by

11 the Secretary of Defense under para12 graph (4);

13 if a State determines that the protection

14 and enhancement of the quality of some or

15 all of the waters within the State require

16 greater environmental protection, the State

17 may prohibit 1 or more discharges inciden18 tal to the normal operation of a vessel,

19 whether treated or not treated, into the wa20 ters. No prohibition shall apply until the

21 Administrator makes the determinations de22 scribed in subclauses (II) and (III) of sub23 paragraph (B)(i).

24 ‘‘(ii) DOCUMENTATION.—To the extent

25 that a prohibition under this paragraph
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1 would apply to vessels of the Armed Forces

2 and not to other types of vessels, the State

3 shall document the technical or environ4 mental basis for the distinction.

5 ‘‘(B) PROHIBITION BY THE ADMINIS6 TRATOR.—

7 ‘‘(i) IN GENERAL.—Upon application

8 of a State, the Administrator shall by regu9 lation prohibit the discharge from a vessel

10 of 1 or more discharges incidental to the

11 normal operation of a vessel, whether treat12 ed or not treated, into the waters covered by

13 the application if the Administrator deter14 mines that—

15 ‘‘(I) the protection and enhance16 ment of the quality of the specified wa17 ters within the State require a prohibi18 tion of the discharge into the waters;

19 ‘‘(II) adequate facilities for the

20 safe and sanitary removal of the dis21 charge incidental to the normal oper22 ation of a vessel are reasonably avail23 able for the waters to which the prohi24 bition would apply; and
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1 ‘‘(III) the prohibition will not

2 have the effect of discriminating

3 against a vessel of the Armed Forces by

4 reason of the ownership or operation

5 by the Federal Government, or the

6 military function, of the vessel.

7 ‘‘(ii) APPROVAL OR DISAPPROVAL.—

8 The Administrator shall approve or dis9 approve an application submitted under

10 clause (i) not later than 90 days after the

11 date on which the application is submitted

12 to the Administrator. Notwithstanding

13 clause (i)(II), the Administrator shall not

14 disapprove an application for the sole rea15 son that there are not adequate facilities to

16 remove any discharge incidental to the nor17 mal operation of a vessel from vessels of the

18 Armed Forces.

19 ‘‘(C) APPLICABILITY TO FOREIGN FLAGGED

20 VESSELS.—A prohibition under this para21 graph—

22 ‘‘(i) shall not impose any design, con23 struction, manning, or equipment standard

24 on a foreign flagged vessel engaged in inno25 cent passage unless the prohibition imple-
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1 ments a generally accepted international

2 rule or standard; and

3 ‘‘(ii) that relates to the prevention, re4 duction, and control of pollution shall not

5 apply to a foreign flagged vessel engaged in

6 transit passage unless the prohibition im7 plements an applicable international regu8 lation regarding the discharge of oil, oily

9 waste, or any other noxious substance into

10 the waters.

11 ‘‘(8) PROHIBITION RELATING TO VESSELS OF

12 THE ARMED FORCES.—After the effective date of the

13 regulations promulgated by the Secretary of Defense

14 under paragraph (4), it shall be unlawful for any ves15 sel of the Armed Forces subject to the regulations to—

16 ‘‘(A) operate in the navigable waters of the

17 United States or the waters of the contiguous

18 zone, if the vessel is not equipped with any re19 quired marine pollution control device meeting

20 standards established under this subsection; or

21 ‘‘(B) discharge overboard any discharge in22 cidental to the normal operation of a vessel in

23 waters with respect to which a prohibition on the

24 discharge has been established under paragraph

25 (7).
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1 ‘‘(9) ENFORCEMENT.—This subsection shall be

2 enforceable, as provided in subsections (j) and (k),

3 against any agency of the United States responsible

4 for vessels of the Armed Forces notwithstanding any

5 immunity asserted by the agency.’’.

6 (c) CONFORMING AMENDMENTS.—

7 (1) DEFINITIONS.—Section 312(a) of the Federal

8 Water Pollution Control Act (33 U.S.C. 1322(a)) is

9 amended—

10 (A) in paragraph (8)—

11 (i) by striking ‘‘or’’; and

12 (ii) by inserting ‘‘or agency of the

13 United States’’ after ‘‘association,’’;

14 (B) in paragraph (11), by striking the pe15 riod at the end and inserting a semicolon; and

16 (C) by adding at the end the following:

17 ‘‘(12) ‘discharge incidental to the normal oper18 ation of a vessel’—

19 ‘‘(A) means a discharge, including—

20 ‘‘(i) graywater, bilge water, cooling

21 water, weather deck runoff, ballast water,

22 oil water separator effluent, and any other

23 pollutant discharge from the operation of a

24 marine propulsion system, shipboard ma25 neuvering system, crew habitability system,
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1 or installed major equipment, such as an

2 aircraft carrier elevator or a catapult, or

3 from a protective, preservative, or absorp4 tive application to the hull of the vessel; and

5 ‘‘(ii) a discharge in connection with

6 the testing, maintenance, and repair of a

7 system described in clause (i) whenever the

8 vessel is waterborne; and

9 ‘‘(B) does not include—

10 ‘‘(i) a discharge of rubbish, trash, gar11 bage, or other such material discharged

12 overboard;

13 ‘‘(ii) an air emission resulting from

14 the operation of a vessel propulsion system,

15 motor driven equipment, or incinerator; or

16 ‘‘(iii) a discharge that is not covered

17 by part 122.3 of title 40, Code of Federal

18 Regulations (as in effect on the date of en19 actment of subsection (n));

20 ‘‘(13) ‘marine pollution control device’ means

21 any equipment or management practice, for installa22 tion or use on board a vessel of the Armed Forces,

23 that is—
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1 ‘‘(A) designed to receive, retain, treat, con2 trol, or discharge a discharge incidental to the

3 normal operation of a vessel; and

4 ‘‘(B) determined by the Administrator and

5 the Secretary of Defense to be the most effective

6 equipment or management practice to reduce the

7 environmental impacts of the discharge consist8 ent with the considerations set forth in sub9 section (n)(2)(B); and

10 ‘‘(14) ‘vessel of the Armed Forces’ means—

11 ‘‘(A) any vessel owned or operated by the

12 Department of Defense, other than a time or voy13 age chartered vessel; and

14 ‘‘(B) any vessel owned or operated by the

15 Department of Transportation that is designated

16 by the Secretary of the department in which the

17 Coast Guard is operating as a vessel equivalent

18 to a vessel described in subparagraph (A).’’.

19 (2) ENFORCEMENT.—The first sentence of section

20 312(j) of the Federal Water Pollution Control Act (33

21 U.S.C. 1322(j)) is amended—

22 (A) by striking ‘‘of this section or’’ and in23 serting a comma; and

24 (B) by striking ‘‘of this section shall’’ and

25 inserting ‘‘, or subsection (n)(8) shall’’.
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1 (3) OTHER DEFINITIONS.—Subparagraph (A) of

2 the second sentence of section 502(6) of the Federal

3 Water Pollution Control Act (33 U.S.C. 1362(6)) is

4 amended by striking ‘‘ ‘sewage from vessels’ ’’ and in5 serting ‘‘sewage from vessels or a discharge incidental

6 to the normal operation of a vessel of the Armed

7 Forces’’.

8 (d) COOPERATION IN STANDARDS DEVELOPMENT.—

9 The Administrator of the Environmental Protection Agency

10 and the Secretary of Defense may, by mutual agreement,

11 with or without reimbursement, provide for the use of infor12 mation, reports, personnel, or other resources of the Envi13 ronmental Protection Agency or the Department of Defense

14 to carry out section 312(n) of the Federal Water Pollution

15 Control Act (as added by subsection (b)), including the use

16 of the resources to—

17 (1) determine—

18 (A) the nature and environmental effect of

19 discharges incidental to the normal operation of

20 a vessel of the Armed Forces;

21 (B) the practicability of using marine pol22 lution control devices on vessels of the Armed

23 Forces; and

24 (C) the effect that installation or use of ma25 rine pollution control devices on vessels of the
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1 Armed Forces would have on the operation or

2 operational capability of the vessels; and

3 (2) establish performance standards for marine

4 pollution control devices on vessels of the Armed

5 Forces.

6 SEC. 323. REVISION OF AUTHORITIES RELATING TO RES7 TORATION ADVISORY BOARDS.

8 (a) REGULATIONS.—Paragraph (2) of subsection (d)

9 of section 2705 of title 10, United States Code, is amended

10 to read as follows:

11 ‘‘(2)(A) The Secretary shall prescribe regulations re12 garding the establishment of restoration advisory boards

13 pursuant to this subsection.

14 ‘‘(B) The regulations shall set forth the following mat15 ters:

16 ‘‘(i) The functions of the boards.

17 ‘‘(ii) Funding for the boards.

18 ‘‘(iii) Accountability of the boards for expendi19 tures of funds.

20 ‘‘(iv) The routine administrative expenses that

21 may be paid pursuant to paragraph (3).

22 ‘‘(C) The issuance of regulations under subparagraph

23 (A) shall not be a precondition to the establishment of res24 toration advisory boards under this subsection.’’.
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1 (b) FUNDING FOR ADMINISTRATIVE EXPENSES.—

2 Paragraph (3) of such subsection is amended to read as fol3 lows:

4 ‘‘(3) The Secretary may authorize the commander of

5 an installation to pay routine administrative expenses of

6 a restoration advisory board established for that installa7 tion. Such payments shall be made from funds available

8 under subsection (g).’’.

9 (c) TECHNICAL ASSISTANCE.—Such section is further

10 amended by striking out subsection (e) and inserting in lieu

11 thereof the following new subsection (e):

12 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Secretary may

13 authorize the commander of an installation, upon the re14 quest of the technical review committee or restoration advi15 sory board for the installation, to obtain for the committee

16 or advisory board, as the case may be, from private sector

17 sources technical assistance for interpreting scientific and

18 engineering issues with regard to the nature of environ19 mental hazards at the installation and the restoration ac20 tivities proposed for or conducted at the installation. The

21 commander of an installation shall use funds made avail22 able under subsection (g) for obtaining assistance under this

23 paragraph.
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1 ‘‘(2) The commander of an installation may obtain

2 technical assistance under paragraph (1) for a technical re3 view committee or restoration advisory board only if—

4 ‘‘(A) the technical review committee or restora5 tion advisory board demonstrates that the Federal,

6 State, and local agencies responsible for overseeing en7 vironmental restoration at the installation, and avail8 able Department of Defense personnel, do not have the

9 technical expertise necessary for achieving the objec10 tive for which the technical assistance is to be ob11 tained;

12 ‘‘(B) the technical assistance is likely to contrib13 ute to the efficiency, effectiveness, or timeliness of en14 vironmental restoration activities at the installation;

15 and

16 ‘‘(C) the technical assistance is likely to contrib17 ute to community acceptance of environmental res18 toration activities at the installation.’’.

19 (d) FUNDING.—(1) Such section is further amended by

20 adding at the end the following:

21 ‘‘(g) FUNDING.—The Secretary shall, to the extent pro22 vided in appropriations Acts, make funds available under

23 subsections (d)(3) and (e)(1) using funds in the following

24 accounts:
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1 ‘‘(1) In the case of a military installation not

2 approved for closure pursuant to a base closure law,

3 the Defense Environmental Restoration Account es4 tablished under section 2703(a) of this title.

5 ‘‘(2) In the case of an installation approved for

6 closure pursuant to such a law, the Department of

7 Defense Base Closure Account 1990 established under

8 section 2906(a) of the Defense Base Closure and Re9 alignment Act of 1990 (part A of title XXIX of Public

10 Law 101–510; 10 U.S.C. 2687 note).’’.

11 (2)(A) Subject to subparagraph (B), the total amount

12 of funds made available under section 2705(g) of title 10,

13 United States Code, as added by paragraph (1), for fiscal

14 year 1996 may not exceed $4,000,000.

15 (B) Amounts may not be made available under sub16 section (g) of such section 2705 after March 1, 1996, unless

17 the Secretary of Defense prescribes the regulations required

18 under subsection (d) of such section, as amended by sub19 section (a).

20 (e) DEFINITION.—Such section is further amended by

21 adding at the end the following:

22 ‘‘(h) DEFINITION.—In this section, the term ‘base clo23 sure law’ means the following:
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1 ‘‘(1) Title II of the Defense Authorization

2 Amendments and Base Closure and Realignment Act

3 (Public Law 100–526; 10 U.S.C. 2687 note).

4 ‘‘(2) The Defense Base Closure and Realignment

5 Act of 1990 (part A of title XXIX of Public Law 101–

6 510; 10 U.S.C. 2687 note).

7 ‘‘(3) Section 2687 of this title.’’.

8 (f) REPORTS ON ACTIVITIES OF TECHNICAL REVIEW

9 COMMITTEES AND RESTORATION ADVISORY BOARDS.—Sec10 tion 2706(a)(2) of title 10, United States Code, is amended

11 by adding at the end the following:

12 ‘‘(J) A statement of the activities, if any, of the

13 technical review committee or restoration advisory

14 board established for the installation under section

15 2705 of this title during the preceding fiscal year.’’.

16 Subtitle D—Civilian Employees

17 SEC. 331. MINIMUM NUMBER OF MILITARY RESERVE TECH18 NICIANS.

19 For each of fiscal years 1996 and 1997, the minimum

20 number of personnel employed as military reserve techni21 cians (as defined in section 8401(30) of title 5, United

22 States Code) for reserve components as of the last day of

23 such fiscal year shall be as follows:

24 (1) For the Army National Guard, 25,750.

25 (2) For the Army Reserve, 7,000.
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1 (3) For the Air National Guard, 23,250.

2 (4) For the Air Force Reserve, 10,000.

3 SEC. 332. EXEMPTION OF DEPARTMENT OF DEFENSE FROM

4 PERSONNEL CEILINGS FOR CIVILIAN PER5 SONNEL.

6 Section 129 of title 10, United States Code, is amend7 ed—

8 (1) in subsection (a), by striking out ‘‘man-year

9 constraint or limitation’’ and inserting in lieu thereof

10 ‘‘constraint or limitation in terms of man years, end

11 strength, full-time equivalent (FTE) employees, or

12 maximum number of employees’’; and

13 (2) in subsection (b)(2), by striking out ‘‘any

14 end-strength’’ and inserting in lieu thereof ‘‘any con15 straint or limitation in terms of man years, end

16 strength, full-time equivalent (FTE) employees, or

17 maximum number of employees’’.

18 SEC. 333. WEARING OF UNIFORM BY NATIONAL GUARD

19 TECHNICIANS.

20 (a) REQUIREMENT.—Section 709(b) of title 32, United

21 States Code, is amended to read as follows:

22 ‘‘(b) Except as prescribed by the Secretary concerned,

23 a technician employed under subsection (a) shall, while so

24 employed—

25 ‘‘(1) be a member of the National Guard;
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1 ‘‘(2) hold the military grade specified by the Sec2 retary concerned for that position; and

3 ‘‘(3) wear the uniform appropriate for the mem4 ber’s grade and component of the armed forces while

5 performing duties as a technician.’’.

6 (b) UNIFORM ALLOWANCES FOR OFFICERS.—Section

7 417 of title 37, United States Code, is amended by adding

8 at the end the following:

9 ‘‘(d)(1) For purposes of sections 415 and 416 of this

10 title, a period for which an officer of an armed force, while

11 employed as a National Guard technician, is required to

12 wear a uniform under section 709(b) of title 32 shall be

13 treated as a period of active duty (other than for training).

14 ‘‘(2) A uniform allowance may not be paid, and uni15 forms may not be furnished, to an officer under section 1593

16 of title 10 or section 5901 of title 5 for a period of employ17 ment referred to in paragraph (1) for which an officer is

18 paid a uniform allowance under section 415 or 416 of this

19 title.’’.

20 (c) CLOTHING OR ALLOWANCES FOR ENLISTED MEM21 BERS.—Section 418 of title 37, United States Code, is

22 amended—

23 (1) by inserting ‘‘(a)’’ before ‘‘The President’’;

24 and

25 (2) by adding at the end the following:
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1 ‘‘(b) In determining the quantity and kind of clothing

2 or allowances to be furnished pursuant to regulations pre3 scribed under this section to persons employed as National

4 Guard technicians under section 709 of title 32, the Presi5 dent shall take into account the requirement under sub6 section (b) of such section for such persons to wear a uni7 form.

8 ‘‘(c) A uniform allowance may not be paid, and uni9 forms may not be furnished, under section 1593 of title 10

10 or section 5901 of title 5 to a person referred to in sub11 section (b) for a period of employment referred to in that

12 subsection for which a uniform allowance is paid under sec13 tion 415 or 416 of this title.’’.

14 SEC. 334. EXTENSION OF TEMPORARY AUTHORITY TO PAY

15 CIVILIAN EMPLOYEES WITH RESPECT TO THE

16 EVACUATION FROM GUANTANAMO, CUBA.

17 (a) EXTENSION FOR 120 Days.—The authority pro18 vided in section 103 of Public Law 104–6 (109 Stat.79)

19 shall be effective until the end of January 31, 1996.

20 (b) MONTHLY REPORT.—On the first day of each

21 month, the Secretary of the Navy shall transmit to the Com22 mittee on Armed Services of the Senate and the Committee

23 on National Security of the House of Representatives a re24 port regarding the employees being paid pursuant to section

25 103 of Public Law 104–6. The report shall include the num-
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1 ber of the employees, their positions of employment, the

2 number and location of the employees’ dependents, and the

3 actions that the Secretary is taking to eliminate the condi4 tions making the payments necessary.

5 SEC. 335. SHARING OF PERSONNEL OF DEPARTMENT OF

6 DEFENSE DOMESTIC DEPENDENT SCHOOLS

7 AND DEFENSE DEPENDENTS’ EDUCATION

8 SYSTEM.

9 Section 2164(e) of title 10, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(4)(A) The Secretary may, without regard to the pro12 visions of any law relating to the number, classification,

13 or compensation of employees—

14 ‘‘(i) transfer civilian employees in schools estab15 lished under this section to schools in the defense de16 pendents’ education system in order to provide the

17 services referred to in subparagraph (B) to such sys18 tem; and

19 ‘‘(ii) transfer employees in such system to such

20 schools in order to provide such services to such

21 schools.

22 ‘‘(B) The services referred to in subparagraph (A) are

23 the following:

24 ‘‘(i) Administrative services.

25 ‘‘(ii) Logistical services.
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1 ‘‘(iii) Personnel services.

2 ‘‘(iv) Such other services as the Secretary consid3 ers appropriate.

4 ‘‘(C) Transfers under this paragraph shall extend for

5 such periods as the Secretary considers appropriate. The

6 Secretary shall provide appropriate compensation for em7 ployees so transferred.

8 ‘‘(D) The Secretary may provide that the transfer of

9 any employee under this paragraph occur without reim10 bursement of the school or system concerned.

11 ‘‘(E) In this paragraph, the term ‘defense dependents’

12 education system’ means the program established and oper13 ated under section 1402(a) of the Defense Dependents’ Edu14 cation Act of 1978 (20 U.S.C. 921(a)).’’.

15 SEC. 336. REVISION OF AUTHORITY FOR APPOINTMENTS

16 OF INVOLUNTARILY SEPARATED MILITARY

17 RESERVE TECHNICIANS.

18 (a) REVISION OF AUTHORITY.—Section 3329 of title

19 5, United States Code, as added by section 544 of the Na20 tional Defense Authorization Act for Fiscal Year 1993 (Pub21 lic Law 102–484; 106 Stat. 2415), is amended—

22 (1) in subsection (b), by striking out ‘‘be offered’’

23 and inserting in lieu thereof ‘‘be provided placement

24 consideration in a position described in subsection (c)
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1 through a priority placement program of the Depart2 ment of Defense’’; and

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

4 in lieu thereof the following new subsection (c):

5 ‘‘(c)(1) The position to be offered a former military

6 technician under subsection (b) shall be a position—

7 ‘‘(A) in either the competitive service or the ex8 cepted service;

9 ‘‘(B) within the Department of Defense; and

10 ‘‘(C) in which the person is qualified to serve,

11 taking into consideration whether the employee in

12 that position is required to be a member of a reserve

13 component of the armed forces as a condition of em14 ployment.

15 ‘‘(2) To the maximum extent practicable, the position

16 shall also be in a pay grade or other pay classification suffi17 cient to ensure that the rate of basic pay of the former mili18 tary technician, upon appointment to the position, is not

19 less than the rate of basic pay last received by the former

20 military technician for technician service before separa21 tion.’’.

22 (b) TECHNICAL AND CLERICAL AMENDMENTS.—(1)

23 The section 3329 of title 5, United States Code, that was

24 added by section 4431 of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

2 Stat. 2719) is redesignated as section 3330 of such title.

3 (2) The table of sections at the beginning of chapter

4 33 of such title is amended by striking out the item relating

5 to section 3329, as added by section 4431(b) of such Act

6 (106 Stat. 2720), and inserting in lieu thereof the following

7 new item:

‘‘3330. Government-wide list of vacant positions.’’.

8 SEC. 337. COST OF CONTINUING HEALTH INSURANCE COV9 ERAGE FOR EMPLOYEES VOLUNTARILY SEPA10 RATED FROM POSITIONS TO BE ELIMINATED

11 IN A REDUCTION IN FORCE.

12 Section 8905a(d)(4) of title 5, United States Code, is

13 amended—

14 (1) in subparagraph (A)—

15 (A) by striking out ‘‘from a position’’ and

16 inserting in lieu thereof ‘‘or voluntary separa17 tion from a surplus position’’; and

18 (B) by striking out ‘‘force—’’ and inserting

19 in lieu thereof ‘‘force or a closure or realignment

20 of a military installation pursuant to a base clo21 sure law—’’; and

22 (2) by adding at the end the following new sub23 paragraph:

24 ‘‘(C) In this paragraph:
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1 ‘‘(i) The term ‘surplus position’ means a posi2 tion that, as determined under regulations prescribed

3 by the Secretary of Defense, is identified during plan4 ning for a reduction in force as being no longer re5 quired and is designated for elimination during the

6 reduction in force.

7 ‘‘(ii) The term ‘base closure law’ means the fol8 lowing:

9 ‘‘(I) Section 2687 of title 10.

10 ‘‘(II) Title II of the Defense Authorization

11 Amendments and Base Closure and Realignment

12 Act (Public Law 100–526; 10 U.S.C. 2687 note).

13 ‘‘(III) The Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of

15 Public Law 101–510; 10 U.S.C. 2687 note).

16 ‘‘(iii) The term ‘military installation’—

17 ‘‘(I) in the case of an installation covered

18 by section 2687 of title 10, has the meaning

19 given such term in subsection (e)(1) of such sec20 tion;

21 ‘‘(II) in the case of an installation covered

22 by the Act referred to in subclause (II) of clause

23 (ii), has the meaning given such term in section

24 209(6) of such Act;
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1 ‘‘(III) in the case of an installation covered

2 by the Act referred to in subclause (III) of that

3 clause, has the meaning given such term in sec4 tion 2910(4) of such Act.’’.

5 SEC. 338. ELIMINATION OF 120-DAY LIMITATION ON DE6 TAILS OF CERTAIN EMPLOYEES.

7 Subsection (b) of section 3341 of title 5, United States

8 Code, is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

10 (2) by adding at the end the following:

11 ‘‘(2) Details of employees of the Department of Defense

12 under subsection (a) of this section may be made only by

13 written order of the Secretary of the military department

14 concerned (or by the Secretary of Defense, in the case of

15 an employee of the Department of Defense who is not an

16 employee of a military department) or a designee of the

17 Secretary. Paragraph (1) does not apply to the Department

18 of Defense.’’.

19 SEC. 339. REPEAL OF REQUIREMENT FOR PART-TIME CA20 REER OPPORTUNITY EMPLOYMENT REPORTS.

21 Section 3407 of title 5, United States Code, is amended

22 by adding at the end the following:

23 ‘‘(c) This section does not apply to the Department of

24 Defense.’’.
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1 SEC. 340. AUTHORITY OF CIVILIAN EMPLOYEES OF DE2 PARTMENT OF DEFENSE TO PARTICIPATE

3 VOLUNTARILY IN REDUCTIONS IN FORCE.

4 Section 3502 of title 5, United States Code, is amended

5 by adding at the end the following:

6 ‘‘(f)(1) The Secretary of Defense or the Secretary of

7 a military department may—

8 ‘‘(A) release in a reduction in force an employee

9 who volunteers for the release even though the em10 ployee is not otherwise subject to release in the reduc11 tion in force under the criteria applicable under the

12 other provisions of this section; and

13 ‘‘(B) for each employee voluntarily released in

14 the reduction in force under subparagraph (A), retain

15 an employee who would otherwise be released in the

16 reduction in force under such criteria.

17 ‘‘(2) A voluntary release of an employee in a reduction

18 in force pursuant to paragraph (1) shall be treated as an

19 involuntary release in the reduction in force.

20 ‘‘(3) The regulations prescribed under this section shall

21 incorporate the authority provided in this subsection.

22 ‘‘(4) The authority under paragraph (1) may not be

23 exercised after September 30, 1996.’’.
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1 SEC. 341. AUTHORITY TO PAY SEVERANCE PAYMENTS IN

2 LUMP SUMS.

3 Section 5595 of title 5, United States Code, is amended

4 by adding at the end the following:

5 ‘‘(i)(1) In the case of an employee of the Department

6 of Defense who is entitled to severance pay under this sec7 tion, the Secretary of Defense or the Secretary of the mili8 tary department concerned may, upon application by the

9 employee, pay the total amount of the severance pay to the

10 employee in one lump sum.

11 ‘‘(2)(A) If an employee paid severance pay in a lump

12 sum under this subsection is reemployed by the Government

13 of the United States or the government of the District of

14 Columbia at such time that, had the employee been paid

15 severance pay in regular pay periods under subsection (b),

16 the payments of such pay would have been discontinued

17 under subsection (d) upon such reemployment, the employee

18 shall refund to the Department of Defense (for the military

19 department that formerly employed the employee, if appli20 cable) an amount equal to the amount of severance pay to

21 which the employee was entitled under this section that

22 would not have been paid to the employee under subsection

23 (d) by reason of such reemployment.

24 ‘‘(B) The period of service represented by an amount

25 of severance pay refunded by an employee under subpara26 graph (A) shall be considered service for which severance
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1 pay has not been received by the employee under this sec2 tion.

3 ‘‘(C) Amounts refunded to an agency under this para4 graph shall be credited to the appropriation available for

5 the pay of employees of the agency for the fiscal year in

6 which received. Amounts so credited shall be merged with,

7 and shall be available for the same purposes and the same

8 period as, the other funds in that appropriation.

9 ‘‘(3) This subsection applies with respect to severance

10 payable under this section for separations taking effect on

11 or after the date of the enactment of the National Defense

12 Authorization Act for Fiscal Year 1996 and before October

13 1, 1999.’’.

14 SEC. 342. HOLIDAYS FOR EMPLOYEES WHOSE BASIC WORK15 WEEK IS OTHER THAN MONDAY THROUGH

16 FRIDAY.

17 Section 6103(b) of title 5, United States Code, is

18 amended—

19 (1) in paragraph (2), by striking out ‘‘Instead’’

20 and inserting in lieu thereof ‘‘Except as provided in

21 paragraph (3), instead’’; and

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

23 ‘‘(3)(A) In the case of an employee of a military

24 department or any other employee of the Department

25 of Defense, subject to the discretion of the Secretary
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1 concerned, instead of a holiday that occurs on a regu2 lar weekly non-workday of an employee whose basic

3 workweek is other than Monday through Friday, the

4 legal holiday for the employee is—

5 ‘‘(i) the workday of the employee imme6 diately before the regular weekly non-workday; or

7 ‘‘(ii) if the holiday occurs on a regular

8 weekly non-workday administratively scheduled

9 for the employee instead of Sunday, the next im10 mediately following workday of the employee.

11 ‘‘(B) For purposes of subparagraph (A), the term

12 ‘Secretary concerned’ has the meaning given that

13 term in subparagraphs (A), (B), and (C) of section

14 101(a)(9) of title 10 and includes the Secretary of De15 fense with respect to an employee of the Department

16 of Defense who is not an employee of a military de17 partment.’’.

18 SEC. 343. COVERAGE OF NONAPPROPRIATED FUND EM19 PLOYEES UNDER AUTHORITY FOR FLEXIBLE

20 AND COMPRESSED WORK SCHEDULES.

21 Paragraph (2) of section 6121 of title 5, United States

22 Code, is amended to read as follows:

23 ‘‘(2) ‘employee’ has the meaning given the term

24 in subsection (a) of section 2105 of this title, except
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1 that such term also includes an employee described

2 in subsection (c) of that section;’’.

3 Subtitle E—Defense Financial

4 Management

5 SEC. 351. FINANCIAL MANAGEMENT TRAINING.

6 (a) LIMITATION.—Funds authorized by this Act to be

7 appropriated for the Department of Defense may not be ob8 ligated for a capital lease for the establishment of a Depart9 ment of Defense financial management training center be10 fore the date that is 90 days after the date on which the

11 Secretary of Defense submits, in accordance with subsection

12 (b), a certification of the need for such a center and a report

13 on financial management training for Department of De14 fense personnel.

15 (b) CERTIFICATION AND REPORT.—(1) Before obligat16 ing funds for a Department of Defense financial manage17 ment training center, the Secretary of Defense shall—

18 (A) certify to the Committee on Armed Services

19 of the Senate and the Committee on National Secu20 rity of the House of Representatives the need for such

21 a center; and

22 (B) submit to such committees, with the certifi23 cation, a report on financial management training

24 for Department of Defense personnel.
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1 (2) Any report under paragraph (1) shall contain the

2 following:

3 (A) The Secretary’s analysis of the requirements

4 for providing financial management training for em5 ployees of the Department of Defense.

6 (B) The alternatives considered by the Secretary

7 for meeting those requirements.

8 (C) A detailed plan for meeting those require9 ments.

10 (D) A financial analysis of the estimated short11 term and long-term costs of carrying out the plan.

12 (E) If, after the analysis referred to in subpara13 graph (A) and after considering alternatives as de14 scribed in subparagraph (B), the Secretary deter15 mines to meet the requirements through a financial

16 management training center—

17 (i) the determination of the Secretary re18 garding the location for the university; and

19 (ii) a description of the process used by the

20 Secretary for selecting that location.

21 SEC. 352. LIMITATION ON OPENING OF NEW CENTERS FOR

22 DEFENSE FINANCE AND ACCOUNTING SERV23 ICE.

24 (a) LIMITATION.—During fiscal year 1996, the Sec25 retary of Defense may not establish any center for the De-
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1 fense Finance and Accounting Service that is not operating

2 on the date of the enactment of this Act.

3 (b) EXCEPTION.—If the Secretary submits to Congress

4 not later than March 31, 1996, a report containing a dis5 cussion of the need for establishing a new center prohibited

6 by subsection (a), the prohibition in such subsection shall

7 not apply to the center effective 30 days after the date on

8 which Congress receives the report.

9 (c) REEXAMINATION OF NEED REQUIRED.—Before

10 submitting a report regarding a new center that the Sec11 retary planned before the date of the enactment of this Act

12 to establish on or after that date, the Secretary shall recon13 sider the need for establishing that center.

14 Subtitle F—Miscellaneous

15 Assistance

16 SEC. 361. DEPARTMENT OF DEFENSE FUNDING FOR NA17 TIONAL GUARD PARTICIPATION IN JOINT

18 DISASTER AND EMERGENCY ASSISTANCE EX19 ERCISES.

20 Section 503(a) of title 32, United States Code, is

21 amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) Paragraph (1) includes authority to provide for

25 participation of the National Guard in conjunction with
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1 the Army or the Air Force, or both, in joint exercises for

2 instruction to prepare the National Guard for response to

3 civil emergencies and disasters.’’.

4 SEC. 362. OFFICE OF CIVIL-MILITARY PROGRAMS.

5 None of the funds authorized to be appropriated by this

6 or any other Act may be obligated or expended for the Office

7 of Civil-Military Programs within the Office of the Assist8 ant Secretary of Defense for Reserve Affairs.

9 SEC. 363. REVISION OF AUTHORITY FOR CIVIL-MILITARY

10 COOPERATIVE ACTION PROGRAM.

11 (a) RESERVE COMPONENTS TO BE USED FOR COOP12 ERATIVE ACTION.—Section 410 of title 10, United States

13 Code, is amended in the second sentence of subsection (a)

14 by inserting ‘‘of the reserve components and of the combat

15 support and combat service support elements of the regular

16 components’’ after ‘‘resources’’.

17 (b) PROGRAM OBJECTIVES.—Subsection (b) of such

18 section is amended by striking out paragraphs (1), (2), (3),

19 (4), (5), and (6) and inserting in lieu thereof the following:

20 ‘‘(1) To enhance individual and unit training

21 and morale in the armed forces.

22 ‘‘(2) To encourage cooperation between civilian

23 and military sectors of society.’’.
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1 (c) REGULATIONS.—Subsection (d) of such section is

2 amended by striking out paragraphs (5) and (6) and insert3 ing in lieu thereof the following:

4 ‘‘(5) Procedures to ensure that Department of

5 Defense resources are not applied exclusively to the

6 program.

7 ‘‘(6) A requirement that a commander of a unit

8 of the armed forces involved in providing assistance

9 certify that the assistance is consistent with the mili10 tary missions of the unit.’’.

11 SEC. 364. OFFICE OF HUMANITARIAN AND REFUGEE AF12 FAIRS.

13 None of the funds authorized to be appropriated by this

14 or any other Act may be obligated or expended for the Office

15 of Humanitarian and Refugee Affairs within the Office of

16 the Assistant Secretary of Defense for Special Operations

17 and Low Intensity Conflict.

18 SEC. 365. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC

19 AID PROGRAMS.

20 (a) GAO REPORT.—Not later than December 15, 1995,

21 the Comptroller General of the United States shall provide

22 to the congressional defense committees a report on—

23 (1) existing funding mechanisms available to

24 cover the costs associated with the Overseas Humani25 tarian, Disaster, and Civic Assistance activities
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1 through funds provided to the Department of State or

2 the Agency for International Development, and

3 (2) if such mechanisms do not exist, actions nec4 essary to institute such mechanisms, including any

5 changes in existing law or regulations.

6 Subtitle G—Operation of Morale,

7 Welfare, and Recreation Activities

8 SEC. 371. DISPOSITION OF EXCESS MORALE, WELFARE, AND

9 RECREATION FUNDS.

10 Section 2219 of title 10, United States Code, is amend11 ed—

12 (1) in the first sentence, by striking out ‘‘a mili13 tary department’’ and inserting in lieu thereof ‘‘an

14 armed force’’;

15 (2) in the second sentence—

16 (A) by striking out ‘‘, department-wide’’;

17 and

18 (B) by striking out ‘‘of the military depart19 ment’’ and inserting in lieu thereof ‘‘for that

20 armed force’’; and

21 (3) by adding at the end the following: ‘‘This sec22 tion does not apply to the Coast Guard.’’.
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1 SEC. 372. ELIMINATION OF CERTAIN RESTRICTIONS ON

2 PURCHASES AND SALES OF ITEMS BY EX3 CHANGE STORES AND OTHER MORALE, WEL4 FARE, AND RECREATION FACILITIES.

5 (a) RESTRICTIONS ELIMINATED.—(1) Subchapter II of

6 chapter 134 of title 10, United States Code, is amended by

7 adding at the end the following new section:

8 ‘‘§ 2255. Military exchange stores and other morale,

9 welfare, and recreation facilities: sale of

10 items

11 ‘‘(a) AUTHORITY.—The MWR retail facilities may sell

12 items in accordance with regulations prescribed by the Sec13 retary of Defense.

14 ‘‘(b) CERTAIN RESTRICTIONS PROHIBITED.—The reg15 ulations may not include any of the following restrictions

16 on the sale of items:

17 ‘‘(1) A restriction on the prices of items offered

18 for sale, including any requirement to establish prices

19 on the basis of a specific relationship between the

20 prices charged for the merchandise and the cost of the

21 merchandise to the MWR retail facilities concerned.

22 ‘‘(2) A restriction on price of purchase of an

23 item.

24 ‘‘(3) A restriction on the categories of items that

25 may be offered for sale.
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1 ‘‘(4) A restriction on the size of items that may

2 be offered for sale.

3 ‘‘(5) A restriction on the basis of—

4 ‘‘(A) whether the item was manufactured,

5 produced, or mined in the United States; or

6 ‘‘(B) the extent to which the merchandise

7 contains components or materials manufactured,

8 produced, or mined in the United States.

9 ‘‘(c) MWR RETAIL FACILITY DEFINED.—In this sec10 tion, the term ‘MWR retail facilities’ means exchange stores

11 and other revenue generating facilities operated by

12 nonappropriated fund activities of the Department of De13 fense for the morale, welfare, and recreation of members of

14 the armed forces.’’.

15 (2) The table of sections at the beginning of subchapter

16 II of chapter 134 of such title is amended by adding at

17 the end the following:

‘‘2255. Military exchange stores and other morale, welfare, and recreation facilities: sale of items.’’.

18 (b) REPORT.—Not later than June 1, 1996, the Sec19 retary of Defense shall submit to the Committee on Armed

20 Services of the Senate and the Committee on National Secu21 rity of the House of Representatives a report that identifies

22 each restriction in effect immediately before the date of the

23 enactment of this Act that is terminated or made inapplica24 ble by section 2255 of title 10, United States Code (as added
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1 by subsection (a)), to exchange stores and other revenue gen2 erating facilities operated by nonappropriated fund activi3 ties of the Department of Defense for the morale, welfare,

4 and recreation of members of the Armed Forces.

5 SEC. 373. REPEAL OF REQUIREMENT TO CONVERT SHIPS’

6 STORES TO NONAPPROPRIATED FUND IN7 STRUMENTALITIES.

8 (a) REPEAL.—Section 371 of the National Defense Au9 thorization Act for Fiscal Year 1994 (Public Law 103–160;

10 107 Stat. 1634; 10 U.S.C. 7604 note) is amended by strik11 ing out subsections (a), (b), and (d).

12 (b) REPEAL OF RELATED CODIFIED PROVISIONS.—

13 Section 7604 of title 10, United States Code, is amended—

14 (1) in subsection (a), by striking out ‘‘(a) IN

15 GENERAL.—’’; and

16 (2) by striking out subsections (b) and (c).

17 Subtitle H—Other Matters

18 SEC. 381. NATIONAL DEFENSE SEALIFT FUND: AVAILABIL19 ITY FOR THE NATIONAL DEFENSE RESERVE

20 FLEET.

21 Section 2218 of title 10, United States Code is amend22 ed—

23 (1) in subsection (c)(1)—

24 (A) by striking out ‘‘and’’ at the end of sub25 paragraph (C);
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1 (B) by striking out the period at the end of

2 subparagraph (D) and inserting in lieu thereof

3 ‘‘; and’’; and

4 (C) by adding at the end the following:

5 ‘‘(E) expenses of the National Defense Re6 serve Fleet, as established by section 11 of the

7 Merchant Ship Sales Act of 1946 (50 U.S.C.

8 App. 1744).’’; and

9 (2) in subsection (i), by striking out ‘‘Nothing’’

10 and inserting in lieu thereof ‘‘Except as provided in

11 subsection (c)(1)(E), nothing’’.

12 SEC. 382. AVAILABILITY OF RECOVERED LOSSES RESULT13 ING FROM CONTRACTOR FRAUD.

14 (a) DEPARTMENT OF DEFENSE TO RECEIVE 3 PER15 CENT.—Subchapter I of chapter 134 of title 10, United

16 States Code, is amended by adding at the end the following

17 new section:

18 ‘‘§ 2250. Recoveries of losses and expenses resulting

19 from contractor fraud

20 ‘‘(a) RETENTION OF PART OF RECOVERY.—(1) Not21 withstanding any other provision of law, a portion of the

22 amount recovered by the Government in a fiscal year for

23 losses and expenses incurred by the Department of Defense

24 as a result of contractor fraud at military installations

25 shall be credited to appropriations accounts of the Depart-
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1 ment of Defense for that fiscal year in accordance with allo2 cations made pursuant to subsection (b).

3 ‘‘(2) The total amount credited to appropriations ac4 counts for a fiscal year pursuant to paragraph (1) shall

5 be the lesser of—

6 ‘‘(A) the amount equal to three percent of the

7 amount referred to in such paragraph that is recov8 ered in that fiscal year; or

9 ‘‘(B) $500,000.

10 ‘‘(b) ALLOCATION OF RECOVERED FUNDS.—The Sec11 retary of Defense shall allocate amounts recovered in a con12 tractor fraud case through the Secretary of the military de13 partment concerned to each installation that incurred a loss

14 or expense as a result of the fraud.

15 ‘‘(c) USE BY MILITARY DEPARTMENTS.—The Sec16 retary of a military department receiving an allocation

17 under subsection (b) in a fiscal year with respect to a con18 tractor fraud case—

19 ‘‘(1) shall credit (for use by each installation

20 concerned) the amount equal to the costs incurred by

21 the military department in carrying out or support22 ing an investigation or litigation of the contractor

23 fraud case to appropriations accounts of the depart24 ment for such fiscal year that are used for paying the
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1 costs of carrying out or supporting investigations or

2 litigation of contractor fraud cases; and

3 ‘‘(2) may credit to any appropriation account of

4 the department for that fiscal year (for use by each

5 installation concerned) the amount, if any, that ex6 ceeds the amount credited to appropriations accounts

7 under paragraph (1).

8 ‘‘(d) RECOVERIES INCLUDED.—(1) Subject to para9 graph (2)(B), subsection (a) applies to amounts recovered

10 in civil or administrative actions (including settlements)

11 as actual damages, restitution, and investigative costs.

12 ‘‘(2) Subsection (a) does not apply to—

13 ‘‘(A) criminal fines, forfeitures, civil penalties,

14 and damages in excess of actual damages; or

15 ‘‘(B) recoveries of losses or expenses incurred by

16 working-capital funds managed through the Defense

17 Business Operations Fund.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of subchapter I of such chapter is amended

20 by adding at the end the following:

‘‘2248. Recoveries of losses and expenses resulting from contractor fraud.’’.

21 SEC. 383. PERMANENT AUTHORITY FOR USE OF PROCEEDS

22 FROM THE SALE OF CERTAIN LOST, ABAN23 DONED, OR UNCLAIMED PROPERTY.

24 (a) PERMANENT AUTHORITY.—Section 2575 of title 10

25 is amended—
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1 (1) by striking out subsection (b) and inserting

2 in lieu thereof the following:

3 ‘‘(b)(1) In the case of property found on a military

4 installation, the proceeds from the sale of the property

5 under this section shall be credited to the operation and

6 maintenance account of that installation and used—

7 ‘‘(A) to reimburse the installation for any costs

8 incurred by the installation to collect, transport,

9 store, protect, or sell the property; and

10 ‘‘(B) if all such costs are reimbursed, to support

11 morale, welfare, and recreation activities under the

12 jurisdiction of the armed forces conducted for the com13 fort, pleasure, contentment, or physical or mental im14 provement of members of the armed forces at that in15 stallation.

16 ‘‘(2) The net proceeds from the sale of other property

17 under this section shall be covered into the Treasury as mis18 cellaneous receipts.’’; and

19 (2) by adding at the end the following:

20 ‘‘(d)(1) The owner (or heirs, next of kin, or legal rep21 resentative of the owner) of personal property the proceeds

22 of which are credited to a military installation under sub23 section (b)(1) may file a claim with the Secretary of Defense

24 for the amount equal to the proceeds (less costs referred to

25 in subparagraph (A) of such subsection). Amounts to pay
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1 the claim shall be drawn from the morale, welfare, and

2 recreation account for the installation that received the pro3 ceeds.

4 ‘‘(2) The owner (or heirs, next of kin, or legal rep5 resentative of the owner) may file a claim with the General

6 Accounting Office for proceeds covered into the Treasury

7 under subsection (b)(2).

8 ‘‘(3) Unless a claim is filed under this subsection with9 in 5 years after the date of the disposal of the property

10 to which the claim relates, the claim may not be considered

11 by a court, the Secretary of Defense (in the case of a claim

12 filed under paragraph (1)), or the General Accounting Of13 fice (in the case of a claim filed under paragraph (2)).’’.

14 (b) REPEAL OF AUTHORITY FOR DEMONSTRATION

15 PROGRAM.—Section 343 of the National Defense Authoriza16 tion Act for Fiscal Years 1992 and 1993 (Public Law 102–

17 190; 105 Stat. 1343) is repealed.

18 SEC. 384. SALE OF MILITARY CLOTHING AND SUBSISTENCE

19 AND OTHER SUPPLIES OF THE NAVY AND MA20 RINE CORPS.

21 (a) IN GENERAL.—Chapter 651 of title 10, United

22 States Code, is amended by adding at the end the following

23 new section:
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1 ‘‘§ 7606. Subsistence and other supplies: members of

2 armed forces; veterans; executive or mili3 tary departments and employees; prices

4 ‘‘(a) The Secretary of the Navy shall procure and sell,

5 for cash or credit—

6 ‘‘(1) articles designated by the Secretary to mem7 bers of the Navy and Marine Corps; and

8 ‘‘(2) items of individual clothing and equipment

9 to members of the Navy and Marine Corps, under

10 such restrictions as the Secretary may prescribe.

11 An account of sales on credit shall be kept and the amount

12 due reported to the Secretary. Except for articles and items

13 acquired through the use of working capital funds under

14 section 2208 of this title, sales of articles shall be at cost,

15 and sales of individual clothing and equipment shall be at

16 average current prices, including overhead, as determined

17 by the Secretary.

18 ‘‘(b) The Secretary shall sell subsistence supplies to

19 members of other armed forces at the prices at which like

20 property is sold to members of the Navy and Marine Corps.

21 ‘‘(c) The Secretary may sell serviceable supplies, other

22 than subsistence supplies, to members of other armed forces

23 for the buyers’ use in the service. The prices at which the

24 supplies are sold shall be the same prices at which like prop25 erty is sold to members of the Navy and Marine Corps.
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1 ‘‘(d) A person who has been discharged honorably or

2 under honorable conditions from the Army, Navy, Air Force

3 or Marine Corps and who is receiving care and medical

4 treatment from the Public Health Service or the Depart5 ment of Veterans Affairs may buy subsistence supplies and

6 other supplies, except articles of uniform, at the prices at

7 which like property is sold to members of the Navy and

8 Marine Corps.

9 ‘‘(e) Under such conditions as the Secretary may pre10 scribe, exterior articles of uniform may be sold to a person

11 who has been discharged from the Navy or Marine Corps

12 honorably or under honorable conditions, at the prices at

13 which like articles are sold to members of the Navy or Ma14 rine Corps. This subsection does not modify sections 772

15 or 773 of this title.

16 ‘‘(f) Payment for subsistence supplies sold under this

17 section shall be made in cash.

18 ‘‘(g)(1) The Secretary may provide for the procurement

19 and sale of stores designated by the Secretary to such civil20 ian officers and employees of the United States, and such

21 other persons, as the Secretary considers proper—

22 ‘‘(A) at military installations outside the United

23 States; and

24 ‘‘(B) subject to paragraph (2), at military in25 stallations inside the United States where the Sec-
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1 retary determines that it is impracticable for those ci2 vilian officers, employees, and persons to obtain such

3 stores from commercial enterprises without impairing

4 the efficient operation of military activities.

5 ‘‘(2) Sales to civilian officers and employees inside the

6 United States may be made under paragraph (1) only to

7 those residing within military installations.

8 ‘‘(h) Appropriations for subsistence of the Navy or Ma9 rine Corps may be applied to the purchase of subsistence

10 supplies for sale to members of the Navy and Marine Corps

11 on active duty for the use of themselves and their families.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of chapter 651 of such title is amended by

14 adding at the end the following:

‘‘7606. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices.’’.

15 SEC. 385. CONVERSION OF CIVILIAN MARKSMANSHIP PRO16 GRAM TO NONAPPROPRIATED FUND INSTRU17 MENTALITY AND ACTIVITIES UNDER PRO18 GRAM.

19 (a) CONVERSION.—Section 4307 of title 10, United

20 States Code, is amended to read as follows:

21 ‘‘§ 4307. Promotion of rifle practice and firearms safe22 ty: administration

23 ‘‘(a) NONAPPROPRIATED FUND INSTRUMENTALITY.—

24 On and after October 1, 1995, the Civilian Marksmanship
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1 Program shall be operated as a nonappropriated fund in2 strumentality of the United States within the Department

3 of Defense for the benefit of members of the armed forces

4 and for the promotion of rifle practice and firearms safety

5 among civilians.

6 ‘‘(b) ADVISORY COMMITTEE.—(1) The Civilian Marks7 manship Program shall be under the general supervision

8 of an Advisory Committee for the Promotion of Rifle Prac9 tice and Firearms Safety, which shall replace the National

10 Board for the Promotion of Rifle Practice. The Advisory

11 Committee shall be appointed by the Secretary of the Army.

12 ‘‘(2) Members of the Advisory Committee shall serve

13 without compensation, except that members shall be allowed

14 travel expenses, including per diem in lieu of subsistence,

15 at rates authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, while away from their

17 homes or regular places of business in the performance of

18 Advisory Committee services.

19 ‘‘(c) DIRECTOR.—The Secretary of the Army shall ap20 point a person to serve as Director of the Civilian Marks21 manship Program.

22 ‘‘(d) FUNDING.—(1) The Advisory Committee and the

23 Director may solicit, accept, hold, use, and dispose of, in

24 furtherance of the activities of the Civilian Marksmanship

25 Program, donations of money, property, and services re-
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1 ceived by gift, devise, bequest, or otherwise. Donations may

2 be accepted notwithstanding any legal restrictions otherwise

3 arising from procurement relationships of the donors with

4 the United States.

5 ‘‘(2) All amounts collected under the Civilian Marks6 manship Program, including the proceeds from the sale of

7 arms, ammunition, targets, and other supplies and appli8 ances under section 4308 of this title, shall be credited to

9 the Civilian Marksmanship Program and shall be available

10 to carry out the Civilian Marksmanship Program. Amounts

11 collected by, and available to, the National Board for the

12 Promotion of Rifle Practice before the date of the enactment

13 of this section from sales programs and from fees in connec14 tion with competitions sponsored by that Board shall be

15 transferred to the nonappropriated funds account estab16 lished for the Civilian Marksmanship Program and shall

17 be available to carry out the Civilian Marksmanship Pro18 gram.

19 ‘‘(3) Funds held on behalf of the Civilian Marksman20 ship Program shall not be construed to be Government or

21 public funds or appropriated funds and shall not be avail22 able to support other nonappropriated fund instrumental23 ities of the Department of Defense. Expenditures on behalf

24 of the Civilian Marksmanship Program, including com25 pensation and benefits for civilian employees, may not ex-
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1 ceed $5,000,000 during any fiscal year. The approval of the

2 Advisory Committee shall be required for any expenditure

3 in excess of $50,000. Notwithstanding any other provision

4 of law, funds held on behalf of the Civilian Marksmanship

5 Program shall remain available until expended.

6 ‘‘(e) INAPPLICABILITY OF ADVISORY COMMITTEE

7 ACT.—The Federal Advisory Committee Act (5 U.S.C.

8 App.) does not apply to the Advisory Committee.

9 ‘‘(f) DEFINITIONS.—In this section and sections 4308

10 through 4313 of this title:

11 ‘‘(1) The term ‘Civilian Marksmanship Program’

12 means the rifle practice and firearms safety program

13 carried out under section 4308 of this title and in14 cludes the National Matches and small-arms firing

15 schools referred to in section 4312 of this title.

16 ‘‘(2) The term ‘Advisory Committee’ means the

17 Advisory Committee for the Promotion of Rifle Prac18 tice and Firearms Safety.

19 ‘‘(3) The term ‘Director’ means the Director of

20 the Civilian Marksmanship Program.’’.

21 (b) ACTIVITIES.—Section 4308 of such title is amended

22 to read as follows:
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1 ‘‘§ 4308. Promotion of rifle practice and firearms safe2 ty: activities

3 ‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION PRO4 GRAMS.—(1) The Civilian Marksmanship Program shall

5 provide for—

6 ‘‘(A) the operation and maintenance of indoor

7 and outdoor rifle ranges and their accessories and ap8 pliances;

9 ‘‘(B) the instruction of citizens of the United

10 States in marksmanship, and the employment of nec11 essary instructors for that purpose;

12 ‘‘(C) the promotion of safe and responsible prac13 tice in the use of rifled arms and the maintenance

14 and management of matches or competitions in the

15 use of those arms; and

16 ‘‘(D) the award to competitors of trophies, prizes,

17 badges, and other insignia.

18 ‘‘(2) In carrying out this subsection, the Civilian

19 Marksmanship Program shall give priority to activities

20 that benefit firearms safety training and competition for

21 youth and reach as many youth participants as possible.

22 ‘‘(3) Before a person may participate in any activity

23 sponsored or supported by the Civilian Marksmanship Pro24 gram under this subsection, the person shall be required to

25 certify that the person has not violated any Federal or State

26 firearms laws.
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1 ‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMUNI2 TION.—(1) The Civilian Marksmanship Program may

3 issue, without cost, the arms, ammunition (including cali4 ber .22 and caliber .30 ammunition), targets, and other

5 supplies and appliances necessary for activities conducted

6 under subsection (a). Issuance shall be made only to gun

7 clubs under the direction of the Director of the program that

8 provide training in the use of rifled arms to youth, the Jun9 ior Reserve Officers’ Training Corps, the Boy Scouts of

10 America, 4–H Clubs, Future Farmers of America, and other

11 youth-oriented organizations for training and competition.

12 ‘‘(2) The Director of the Civilian Marksmanship Pro13 gram may sell at fair market value caliber .30 rifles and

14 accoutrements, caliber .22 rifles, and air rifles, and ammu15 nition for such rifles, to gun clubs that are under the direc16 tion of the Director and provide training in the use of rifled

17 arms. In lieu of sales, the Director may loan such rifles

18 to such gun clubs.

19 ‘‘(3) The Director of the Civilian Marksmanship Pro20 gram may sell at fair market value small arms, ammuni21 tion, targets, and other supplies and appliances necessary

22 for target practice to citizens of the United States over 18

23 years of age who are members of a gun club under the direc24 tion of the Director.
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1 ‘‘(4) Before conveying any weapon or ammunition to

2 a person, whether by sale or lease, the Director shall provide

3 for a criminal records check of the person with appropriate

4 Federal and State law enforcement agencies.

5 ‘‘(c) OTHER AUTHORITIES.—The Director shall pro6 vide for—

7 ‘‘(1) the procurement of necessary supplies, ap8 pliances, trophies, prizes, badges, and other insignia,

9 clerical and other services, and labor to carry out the

10 Civilian Marksmanship Program; and

11 ‘‘(2) the transportation of employees, instructors,

12 and civilians to give or to receive instruction or to as13 sist or engage in practice in the use of rifled arms,

14 and the transportation and subsistence, or an allow15 ance instead of subsistence, of members of teams au16 thorized by the Advisory Committee to participate in

17 matches or competitions in the use of rifled arms.

18 ‘‘(d) FEES.—The Director, in consultation with the

19 Advisory Committee, may impose reasonable fees for per20 sons and gun clubs participating in any program or com21 petition conducted under the Civilian Marksmanship Pro22 gram for the promotion of rifle practice and firearms safety

23 among civilians.

24 ‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNITION.—

25 (1) The Secretary of the Army shall reserve for the Civilian
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1 Marksmanship Program all remaining M–1 Garand rifles,

2 accoutrements, and ammunition for such rifles, still held

3 by the Army. After the date of the enactment of the National

4 Defense Authorization Act for Fiscal Year 1996, the Sec5 retary of the Army shall cease demilitarization of remain6 ing M–1 Garand rifles in the Army inventory unless such

7 rifles are determined to be irreparable.

8 ‘‘(2) Transfers under this subsection shall be made

9 without cost to the Civilian Marksmanship Program, except

10 for the costs of transportation for the transferred small arms

11 and ammunition.

12 ‘‘(f) PARTICIPATION CONDITIONS.—(1) All partici13 pants in the Civilian Marksmanship Program and activi14 ties sponsored or supported by the Advisory Committee shall

15 be required, as a condition of participation, to sign affida16 vits stating that—

17 ‘‘(A) they have never been convicted of a firearms

18 violation under State or Federal law; and

19 ‘‘(B) they are not members of any organization

20 which advocates the violent overthrow of the United

21 States Government.

22 ‘‘(2) Any person found to have violated this subsection

23 shall be ineligible to participate in the Civilian Marksman24 ship Program and future activities.’’.
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1 (c) PARTICIPATION OF MEMBERS OF THE ARMED

2 FORCES IN INSTRUCTION AND COMPETITION.—Section

3 4310 of such title is amended to read as follows:

4 ‘‘§ 4310. Rifle instruction and competitions: participa5 tion of members

6 ‘‘The commander of a major command of the armed

7 forces may pay the personnel costs and travel and per diem

8 expenses of members of an active or reserve component of

9 the armed forces who participate in a competition spon10 sored by the Civilian Marksmanship Program or who pro11 vide instruction or other services in support of the Civilian

12 Marksmanship Program.’’.

13 (d) CONFORMING AMENDMENTS.—(1) Section 4312(a)

14 of such title is amended by striking out ‘‘as prescribed by

15 the Secretary of the Army’’ and inserting in lieu thereof

16 ‘‘as part of the Civilian Marksmanship Program’’.

17 (2) Section 4313 of such title is amended—

18 (A) in subsection (a), by striking out ‘‘Secretary

19 of the Army’’ both places it appears and inserting in

20 lieu thereof ‘‘Advisory Committee’’; and

21 (B) in subsection (b), by striking out ‘‘Appro22 priated funds available for the Civilian Marksman23 ship Program (as defined in section 4308(e) of this

24 title) may’’ and inserting in lieu thereof
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1 ‘‘Nonappropriated funds available to the Civilian

2 Marksmanship Program shall’’.

3 (e) CLERICAL AMENDMENTS.—The table of sections at

4 the beginning of chapter 401 of such title is amended by

5 striking out the items relating to sections 4307, 4308, 4309,

6 and 4310 and inserting in lieu thereof the following new

7 items:

‘‘4307. Promotion of rifle practice and firearms safety: administration.

‘‘4308. Promotion of rifle practice and firearms safety: activities.

‘‘4309. Rifle ranges: availability for use by members and civilians.

‘‘4310. Rifle instruction and competitions: participation of members.’’.

8 (f) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on October 1, 1995.

10 SEC. 386. REPORT ON EFFORTS TO CONTRACT OUT CER11 TAIN FUNCTIONS OF DEPARTMENT OF DE12 FENSE.

13 Not later than March 1, 1996, the Secretary of Defense

14 shall submit to Congress a report describing the advantages

15 and disadvantages of using contractor personnel, rather

16 than civilian employees of the Department of Defense, to

17 perform functions of the Department that are not essential

18 to the warfighting mission of the Armed Forces. The report

19 shall specify all legislative and regulatory impediments to

20 contracting those functions for private performance.

21 SEC. 387. IMPACT AID.

22 (a) SPECIAL RULE FOR 1994 PAYMENTS.—The Sec23 retary of Education shall not consider any payment to a
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1 local educational agency by the Department of Defense, that

2 is available to such agency for current expenditures and

3 used for capital expenses, as funds available to such agency

4 for purposes of making a determination for fiscal year 1994

5 under section 3(d)(2)(B)(i) of the Act of September 30, 1950

6 (Public Law 874, 81st Congress) (as such Act was in effect

7 on September 30, 1994).

8 (b) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED

9 CHILDREN.—Subsection (f) of section 8003 of the Elemen10 tary and Secondary Education Act of 1965 (20 U.S.C.

11 7703) is amended—

12 (1) in paragraph (2)—

13 (A) in the matter preceding clause (i) of

14 subparagraph (A), by striking ‘‘only if such

15 agency’’ and inserting ‘‘if such agency is eligible

16 for a supplementary payment in accordance

17 with subparagraph (B) or such agency’’; and

18 (B) by adding at the end the following new

19 subparagraph:

20 ‘‘(C) A local educational agency shall only

21 be eligible to receive additional assistance under

22 this subsection if the Secretary determines that—

23 ‘‘(i) such agency is exercising due dili24 gence in availing itself of State and other

25 financial assistance; and
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1 ‘‘(ii) the eligibility of such agency

2 under State law for State aid with respect

3 to the free public education of children de4 scribed in subsection (a)(1) and the amount

5 of such aid are determined on a basis no

6 less favorable to such agency than the basis

7 used in determining the eligibility of local

8 educational agencies for State aid, and the

9 amount of such aid, with respect to the free

10 public education of other children in the

11 State.’’; and

12 (2) in paragraph (3)—

13 (A) in subparagraph (A)—

14 (i) in the matter preceding clause (i),

15 by inserting ‘‘(other than any amount re16 ceived under paragraph (2)(B))’’ after ‘‘sub17 section’’;

18 (ii) in subclause (I) of clause (i), by

19 striking ‘‘or the average per-pupil expendi20 ture of all the States’’;

21 (iii) by amending clause (ii) to read as

22 follows:

23 ‘‘(ii) The Secretary shall next multiply

24 the amount determined under clause (i) by

25 the total number of students in average
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1 daily attendance at the schools of the local

2 educational agency.’’; and

3 (iv) by amending clause (iii) to read

4 as follows:

5 ‘‘(iii) The Secretary shall next subtract

6 from the amount determined under clause

7 (ii) all funds available to the local edu8 cational agency for current expenditures,

9 but shall not so subtract funds provided—

10 ‘‘(I) under this Act; or

11 ‘‘(II) by any department or agen12 cy of the Federal Government (other

13 than the Department) that are used for

14 capital expenses.’’; and

15 (B) by amending subparagraph (B) to read

16 as follows:

17 ‘‘(B) SPECIAL RULE.—With respect to pay18 ments under this subsection for a fiscal year for

19 a local educational agency described in clause

20 (ii) or (iii) of paragraph (2)(A), the maximum

21 amount of payments under this subsection shall

22 be equal to—

23 ‘‘(i) the product of—

24 ‘‘(I) the average per-pupil expend25 iture in all States multiplied by 0.7,
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1 except that such amount may not ex2 ceed 125 percent of the average per3 pupil expenditure in all local edu4 cational agencies in the State; multi5 plied by

6 ‘‘(II) the number of students de7 scribed in subparagraph (A) or (B) of

8 subsection (a)(1) for such agency;

9 minus

10 ‘‘(ii) the amount of payments such

11 agency receives under subsections (b) and

12 (d) for such year.’’.

13 (c) CURRENT YEAR DATA.—Paragraph (4) of section

14 8003(f) of such Act (20 U.S.C. 7703(f)) is amended to read

15 as follows:

16 ‘‘(4) CURRENT YEAR DATA.—For purposes of

17 providing assistance under this subsection the Sec18 retary—

19 ‘‘(A) shall use student and revenue data

20 from the fiscal year for which the local edu21 cational agency is applying for assistance under

22 this subsection; and

23 ‘‘(B) shall derive the per pupil expenditure

24 amount for such year for the local educational

25 agency’s comparable school districts by increas-
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1 ing or decreasing the per pupil expenditure data

2 for the second fiscal year preceding the fiscal

3 year for which the determination is made by the

4 same percentage increase or decrease reflected be5 tween the per pupil expenditure data for the

6 fourth fiscal year preceding the fiscal year for

7 which the determination is made and the per

8 pupil expenditure data for such second year.’’.

9 SEC. 388. FUNDING FOR TROOPS TO TEACHERS PROGRAM

10 AND TROOPS TO COPS PROGRAM.

11 (a) FUNDING.—Of the amount authorized to be appro12 priated under section 431—

13 (1) $42,000,000 shall be available for the Troops14 to-Teachers program; and

15 (2) $10,000,000 shall be available for the Troops16 to-Cops program.

17 (b) DEFINITION.—In this section:

18 (1) The term ‘‘Troops-to-Cops program’’ means

19 the program of assistance to separated members and

20 former members of the Armed Forces to obtain em21 ployment with law enforcement agencies established,

22 or carried out, under section 1152 of title 10, United

23 States Code.

24 (2) The term ‘‘Troops-to-Teachers program’’

25 means the program of assistance to separated mem-
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1 bers of the Armed Forces to obtain certification and

2 employment as teachers or employment as teachers’

3 aides established under section 1151 of such title.

4 SEC. 389. AUTHORIZING THE AMOUNTS REQUESTED IN THE

5 BUDGET FOR JUNIOR ROTC.

6 (a) There is hereby authorized to be appropriated

7 $12,295,000 to fully fund the budget request for the Junior

8 Reserve Officer Training Corps programs of the Army,

9 Navy, Air Force, and Marine Corps. Such amount is in

10 addition to the amount otherwise available for such pro11 grams under section 301.

12 (b) The amount authorized to be appropriated by sec13 tion 101(4) is hereby reduced by $12,295,000.

14 SEC. 390. REPORT ON PRIVATE PERFORMANCE OF CERTAIN

15 FUNCTIONS PERFORMED BY MILITARY AIR16 CRAFT.

17 (a) REPORT REQUIRED.—Not later than May 1, 1996,

18 the Secretary of Defense shall submit to Congress a report

19 on the feasibility, including the costs and benefits, of using

20 private sources for satisfying, in whole or in part, the re21 quirements of the Department of Defense for VIP transpor22 tation by air, airlift for other personnel and for cargo, in23 flight refueling of aircraft, and performance of such other

24 military aircraft functions as the Secretary considers ap25 propriate to discuss in the report.
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1 (b) CONTENT OF REPORT.—The report shall include

2 a discussion of the following:

3 (1) Contracting for the performance of the func4 tions referred to in subsection (a).

5 (2) Converting to private ownership and oper6 ation the Department of Defense VIP air fleets, per7 sonnel and cargo aircraft, and in-flight refueling air8 craft, and other Department of Defense aircraft.

9 (3) The wartime requirements for the various

10 VIP and transport fleets.

11 (4) The assumptions used in the cost-benefit

12 analysis.

13 (5) The effect on military personnel and facili14 ties of using private sources, as described in para15 graphs (1) and (2), for the purposes described in sub16 section (a).

17 SEC. 391. ALLEGANY BALLISTICS LABORATORY.

18 Of the amount authorized to be appropriated under

19 section 301(2), $2,000,000 shall be available for the Alle20 gany Ballistics Laboratory for essential safety functions.

21 SEC. 392. ENCOURAGEMENT OF USE OF LEASING AUTHOR22 ITY.

23 (a) IN GENERAL.—(1) Chapter 137 of title 10, United

24 States Code, is amended by inserting after section 2316 the

25 following new section:
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1 ‘‘§ 2317. Equipment Leasing

2 ‘‘The Secretary of Defense is authorized to use leasing

3 in the acquisition of commercial vehicles when such leasing

4 is practicable and efficient.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘2317. Equipment leasing.’’.

7 (b) REPORT.—Not later than 90 days after the date

8 of enactment of this Act, the Secretary of Defense shall sub9 mit a report to the congressional defense committees setting

10 forth changes in legislation that would be required to facili11 tate the use of leases by the Department of Defense in the

12 acquisition of equipment.

13 (c) PILOT PROGRAM.—The Secretary of the Army may

14 conduct a pilot program for leasing of commercial utility

15 cargo vehicles as follows:

16 (1) Existing commercial utility cargo vehicles

17 may be traded in for credit against new replacement

18 commercial utility cargo vehicle lease costs;

19 (2) Quantities of commercial utility cargo vehi20 cles to be traded in and their value to be credited

21 shall be subject to negotiation between the parties;

22 (3) New commercial utility cargo vehicle lease

23 agreements may be executed with or without options

24 to purchase at the end of each lease period;
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1 (4) New commercial utility cargo vehicle lease

2 periods may not exceed five years;

3 (5) Such leasing pilot program shall consist of

4 replacing no more than forty percent of the validated

5 requirement for commercial utility cargo vehicles, but

6 may include an option or options for the remaining

7 validated requirement which may be executed subject

8 to the requirements of subsection (c)(7);

9 (6) The Army shall enter into such pilot pro10 gram only if the Secretary—

11 (A) awards such program in accordance

12 with the provisions of section 2304 of title 10,

13 United States Code;

14 (B) has notified the congressional defense

15 committees of his plans to execute the pilot pro16 gram;

17 (C) has provided a report detailing the ex18 pected savings in operating and support costs

19 from retiring older commercial utility cargo ve20 hicles compared to the expected costs of leasing

21 newer commercial utility cargo vehicles; and

22 (D) has allowed 30 calendar days to elapse

23 after such notification.

24 (7) One year after the date of execution of an

25 initial leasing contract, the Secretary of the Army
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1 shall submit a report setting forth the status of the

2 pilot program. Such report shall be based upon at

3 least six months of operating experience. The Sec4 retary may exercise an option or options for subse5 quent commercial utility cargo vehicles only after he

6 has allowed 60 calendar days to elapse after submit7 ting this report.

8 (8) EXPIRATION OF AUTHORITY.—No lease of

9 commercial utility cargo vehicles may be entered into

10 under the pilot program after September 30, 2000.

11 TITLE IV—MILITARY PERSONNEL

12 AUTHORIZATIONS

13 Subtitle A—Active Forces

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

15 (a) FISCAL YEAR 1996.—The Armed Forces are au16 thorized strengths for active duty personnel as of September

17 30, 1996, as follows:

18 (1) The Army, 495,000, of which not more than

19 81,300 may be commissioned officers.

20 (2) The Navy, 428,340, of which not more than

21 58,870 may be commissioned officers.

22 (3) The Marine Corps, 174,000, of which not

23 more than 17,978 may be commissioned officers.

24 (4) The Air Force, 388,200, of which not more

25 than 75,928 may be commissioned officers.
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1 (b) FISCAL YEAR 1997.—The Armed Forces are au2 thorized strengths for active duty personnel as of September

3 30, 1997, as follows:

4 (1) The Army, 495,000, of which not more than

5 80,312 may be commissioned officers.

6 (2) The Navy, 409,740, of which not more than

7 56,615 may be commissioned officers.

8 (3) The Marine Corps, 174,000, of which not

9 more than 17,978 may be commissioned officers.

10 (4) The Air Force, 385,400, of which not more

11 than 76,494 may be commissioned officers.

12 SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED

13 END STRENGTH LIMITATIONS FOR ACTIVE

14 DUTY AIR FORCE AND NAVY OFFICERS IN

15 CERTAIN GRADES.

16 (a) AIR FORCE OFFICERS.—(1) In the administration

17 of the limitation under section 523(a)(1) of title 10, United

18 States Code, for fiscal years 1996 and 1997, the numbers

19 applicable to officers of the Air Force serving on active duty

20 in the grades of major, lieutenant colonel, and colonel shall

21 be the numbers set forth for that fiscal year in paragraph

22 (2) (rather than the numbers determined in accordance with

23 the table in that section).

24 (2) The numbers referred to in paragraph (1) are as

25 follows:
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Fiscal year:

Number of officers who may be serving on active duty in the grade

of:

Major Lieutenant colonel Colonel

1996 .......................... 15,566 9,876 3,609

1997 .......................... 15,645 9,913 3,627

1 (b) NAVY OFFICERS.—(1) In the administration of the

2 limitation under section 523(a)(2) of title 10, United States

3 Code, for fiscal years 1996 and 1997, the numbers applica4 ble to officers of the Navy serving on active duty in the

5 grades of lieutenant commander, commander, and captain

6 shall be the numbers set forth for that fiscal year in para7 graph (2) (rather than the numbers determined in accord8 ance with the table in that section).

9 (2) The numbers referred to in paragraph (1) are as

10 follows:

Fiscal year:

Number of officers who may be serving on active duty in the grade

of:

Lieutenant commander Commander Captain

1996 .......................... 11,924 7,390 3,234

1997 .......................... 11,732 7,297 3,188

11 SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAIT12 ING RETIREMENT NOT TO BE COUNTED.

13 (a) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN

14 GENERAL AND FLAG OFFICER GRADES.—Section 525 of

15 title 10, United States Code, is amended by adding at the

16 end the following:

17 ‘‘(d) An officer continuing to hold the grade of general

18 or admiral under section 601(b)(4) of this title after relief
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1 from the position of Chairman of the Joint Chiefs of Staff,

2 Chief of Staff of the Army, Chief of Naval Operations, Chief

3 of Staff of the Air Force, or Commandant of the Marine

4 Corps shall not be counted for purposes of this section.’’.

5 (b) NUMBER OF OFFICERS ON ACTIVE DUTY IN GRADE

6 OF GENERAL OR ADMIRAL.—Section 528(b) of title 10,

7 United States Code, is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

9 (2) by adding at the end the following:

10 ‘‘(2) An officer continuing to hold the grade of general

11 or admiral under section 601(b)(4) of this title after relief

12 from the position of Chairman of the Joint Chiefs of Staff,

13 Chief of Staff of the Army, Chief of Naval Operations, Chief

14 of Staff of the Air Force, or Commandant of the Marine

15 Corps shall not be counted for purposes of this section.’’.

16 Subtitle B—Reserve Forces

17 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

18 (a) FISCAL YEAR 1996.—The Armed Forces are au19 thorized strengths for Selected Reserve personnel of the re20 serve components as of September 30, 1996, as follows:

21 (1) The Army National Guard of the United

22 States, 373,000.

23 (2) The Army Reserve, 230,000.

24 (3) The Naval Reserve, 98,894.

25 (4) The Marine Corps Reserve, 42,274.
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1 (5) The Air National Guard of the United

2 States, 112,707.

3 (6) The Air Force Reserve, 73,969.

4 (7) The Coast Guard Reserve, 8,000.

5 (b) FISCAL YEAR 1997.—The Armed Forces are au6 thorized strengths for Selected Reserve personnel of the re7 serve components as of September 30, 1997, as follows:

8 (1) The Army National Guard of the United

9 States, 367,000.

10 (2) The Army Reserve, 215,000.

11 (3) The Naval Reserve, 96,694.

12 (4) The Marine Corps Reserve, 42,682.

13 (5) The Air National Guard of the United

14 States, 107,151.

15 (6) The Air Force Reserve, 73,160.

16 (7) The Coast Guard Reserve, 8,000.

17 (c) WAIVER AUTHORITY.—The Secretary of Defense

18 may vary the end strength authorized by subsection (a) or

19 subsection (b) by not more than 2 percent.

20 (d) ADJUSTMENTS.—The end strengths prescribed by

21 subsection (a) or (b) for the Selected Reserve of any reserve

22 component for a fiscal year shall be proportionately reduced

23 by—

24 (1) the total authorized strength of units orga25 nized to serve as units of the Selected Reserve of such
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1 component which are on active duty (other than for

2 training) at the end of the fiscal year, and

3 (2) the total number of individual members not

4 in units organized to serve as units of the Selected

5 Reserve of such component who are on active duty

6 (other than for training or for unsatisfactory partici7 pation in training) without their consent at the end

8 of the fiscal year.

9 Whenever such units or such individual members are re10 leased from active duty during any fiscal year, the end

11 strength prescribed for such fiscal year for the Selected Re12 serve of such reserve component shall be proportionately in13 creased by the total authorized strengths of such units and

14 by the total number of such individual members.

15 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

16 DUTY IN SUPPORT OF THE RESERVES.

17 (a) FISCAL YEAR 1996.—Within the end strengths pre18 scribed in section 411(a), the reserve components of the

19 Armed Forces are authorized, as of September 30, 1996, the

20 following number of Reserves to be serving on full-time ac21 tive duty or, in the case of members of the National Guard,

22 full-time National Guard duty for the purpose of organiz23 ing, administering, recruiting, instructing, or training the

24 reserve components:
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1 (1) The Army National Guard of the United

2 States, 23,390.

3 (2) The Army Reserve, 11,575.

4 (3) The Naval Reserve, 17,587.

5 (4) The Marine Corps Reserve, 2,559.

6 (5) The Air National Guard of the United

7 States, 10,066.

8 (6) The Air Force Reserve, 628.

9 (b) FISCAL YEAR 1997.—Within the end strengths pre10 scribed in section 411(b), the reserve components of the

11 Armed Forces are authorized, as of September 30, 1997, the

12 following number of Reserves to be serving on full-time ac13 tive duty or, in the case of members of the National Guard,

14 full-time National Guard duty for the purpose of organiz15 ing, administering, recruiting, instructing, or training the

16 reserve components:

17 (1) The Army National Guard of the United

18 States, 23,040.

19 (2) The Army Reserve, 11,550.

20 (3) The Naval Reserve, 17,171.

21 (4) The Marine Corps Reserve, 2,976.

22 (5) The Air National Guard of the United

23 States, 9,824.

24 (6) The Air Force Reserve, 625.
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1 SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

2 GRADES AUTHORIZED TO SERVE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

4 (a) OFFICERS.—The table at the end of section

5 12011(a) of title 10, United States Code, is amended to read

6 as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander ................ 3,219 1,071 643 140

Lieutenant Colonel or Commander .............. 1,524 520 672 90

Colonel or Navy Captain .............................. 412 188 274 30’’.

7 (b) SENIOR ENLISTED MEMBERS.—The table at the

8 end of section 12012(a) of such title is amended to read

9 as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ................................................................. 603 202 366 20

E–8 ................................................................. 2,585 429 890 94’’.

10 SEC. 414. RESERVES ON ACTIVE DUTY IN SUPPORT OF CO11 OPERATIVE THREAT REDUCTION PROGRAMS

12 NOT TO BE COUNTED.

13 Section 115(d) of title 10, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(8) Members of the Selected Reserve of the

16 Ready Reserve on active duty for more that 180 days

17 to support programs described in section 1203(b) of

18 the Cooperative Threat Reduction Act of 1993 (title
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1 XII of Public Law 103–160; 107 Stat. 1778; 22

2 U.S.C. 5952(b)).’’.

3 SEC. 415. RESERVES ON ACTIVE DUTY FOR MILITARY-TO4 MILITARY CONTACTS AND COMPARABLE AC5 TIVITIES NOT TO BE COUNTED.

6 Section 168 of title 10, United States Code, is amend7 ed—

8 (1) by redesignating subsection (f) as subsection

9 (g); and

10 (2) by inserting after subsection (e) the following

11 new subsection (f):

12 ‘‘(f) ACTIVE DUTY END STRENGTHS.—(1) A member

13 of a reserve component referred to in paragraph (2) shall

14 not be counted for purposes of the following personnel

15 strength limitations:

16 ‘‘(A) The end strength for active-duty personnel

17 authorized pursuant to section 115(a)(1) of this title

18 for the fiscal year in which the member carries out

19 the activities referred to in paragraph (2).

20 ‘‘(B) The authorized daily average for members

21 in pay grades E–8 and E–9 under section 517 of this

22 title for the calendar year in which the member car23 ries out such activities.
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1 ‘‘(C) The authorized strengths for commissioned

2 officers under section 523 of this title for the fiscal

3 year in which the member carries out such activities.

4 ‘‘(2) A member of a reserve component referred to in

5 paragraph (1) is any member on active duty under an

6 order to active duty for 180 days or more who is engaged

7 in activities authorized under this section.’’.

8 Subtitle C—Military Training

9 Student Loads

10 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

11 (a) FISCAL YEAR 1996.—For fiscal year 1996, the

12 Armed Forces are authorized average military training stu13 dent loads as follows:

14 (1) The Army, 75,013.

15 (2) The Navy, 44,238.

16 (3) The Marine Corps, 26,095.

17 (4) The Air Force, 33,232.

18 (b) FISCAL YEAR 1997.—For fiscal year 1997, the

19 Armed Forces are authorized average military training stu20 dent loads as follows:

21 (1) The Army, 79,275.

22 (2) The Navy, 44,121.

23 (3) The Marine Corps, 27,255.

24 (4) The Air Force, 35,522.
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1 (c) SCOPE.—The average military training student

2 load authorized for an armed force for a fiscal year under

3 subsection (a) or (b) applies to the active and reserve com4 ponents of that armed force for that fiscal year.

5 (d) ADJUSTMENTS.—The average military training

6 student load authorized for a fiscal year in subsection (a)

7 or (b) shall be adjusted consistent with the end strengths

8 authorized for that fiscal year in subtitles A and B. The

9 Secretary of Defense shall prescribe the manner in which

10 such adjustments shall be apportioned.

11 Subtitle D—Authorization of

12 Appropriations

13 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI14 TARY PERSONNEL.

15 There is hereby authorized to be appropriated to the

16 Department of Defense for military personnel for fiscal year

17 1996 a total of $68,896,863,000. The authorization in the

18 preceding sentence supersedes any other authorization of

19 appropriations (definite or indefinite) for such purpose for

20 fiscal year 1996.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel Policy

4 SEC. 501. JOINT OFFICER MANAGEMENT.

5 (a) CRITICAL JOINT DUTY ASSIGNMENT POSITIONS.—

6 Section 661(d)(2)(A) of title 10, United States Code, is

7 amended by striking out ‘‘1,000’’ and inserting in lieu

8 thereof ‘‘500’’.

9 (b) ADDITIONAL QUALIFYING JOINT SERVICE.—Sec10 tion 664 of such title is amended by adding at the end the

11 following:

12 ‘‘(i) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK

13 FORCE ASSIGNMENTS.—(1) The Secretary of Defense, in

14 consultation with the Chairman of the Joint Chiefs of Staff,

15 may credit an officer with having completed a full tour of

16 duty in a joint duty assignment upon the officer’s comple17 tion of service described in paragraph (2) or may grant

18 credit for such service for purposes of determining the cu19 mulative service of the officer in joint duty assignments.

20 The credit for such service may be granted without regard

21 to the length of the service (except as provided in regulations

22 pursuant to subparagraphs (A) and (B) of paragraph (4))

23 and without regard to whether the assignment in which the

24 service was performed is a joint duty assignment as defined

25 in regulations pursuant to section 668 of this title.
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1 ‘‘(2) Service performed by an officer in a temporary

2 assignment on a joint task force or a multinational force

3 headquarters staff may be considered for credit under para4 graph (1) if—

5 ‘‘(A) the Secretary of Defense determines that the

6 service in that assignment provided significant expe7 rience in joint matters;

8 ‘‘(B) any portion of the service in that assign9 ment was performed on or after the date of the enact10 ment of the National Defense Authorization Act for

11 Fiscal Year 1996; and

12 ‘‘(C) the officer is recommended for such credit

13 by the Chief of Staff of the Army (for an officer in

14 the Army), the Chief of Naval Operations (for an offi15 cer in the Navy), the Chief of Staff of the Air Force

16 (for an officer in the Air Force), or the Commandant

17 of the Marine Corps (for an officer in the Marine

18 Corps).

19 ‘‘(3) Credit shall be granted under paragraph (1) on

20 a case-by-case basis.

21 ‘‘(4) The Secretary of Defense shall prescribe uniform

22 criteria for determining whether to grant an officer credit

23 under paragraph (1). The criteria shall include the follow24 ing:
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1 ‘‘(A) For an officer to be credited as having com2 pleted a full tour of duty in a joint duty assignment,

3 the officer accumulated at least 24 months of service

4 in a temporary assignment referred to in paragraph

5 (2).

6 ‘‘(B) For an officer to be credited with service in

7 a joint duty assignment for purposes of determining

8 cumulative service in joint duty assignments, the offi9 cer accumulated at least 30 consecutive days of service

10 or 60 days of total service in a temporary assignment

11 referred to in paragraph (2).

12 ‘‘(C) The service was performed in support of a

13 mission that was directed by the President or was as14 signed by the President to United States forces in the

15 joint task force or multinational force involved.

16 ‘‘(D) The joint task force or multinational force

17 involved was constituted or designated by the Sec18 retary of Defense, by a commander of a combatant

19 command or of another force, or by a multinational

20 or United Nations command authority.

21 ‘‘(E) The joint task force or multinational force

22 involved conducted military combat or combat-related

23 operations or military operations other than war in

24 a unified action under joint, multinational, or United

25 Nations command and control.
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1 ‘‘(5) Officers for whom joint duty credit is granted

2 pursuant to this subsection shall not be taken into account

3 for the purposes of section 661(d)(1) of this title, subsections

4 (a)(3) and (b) of section 662 of this title, section 664(a)

5 of this title, or paragraph (7), (8), (9), (11), or (12) of sec6 tion 667 of this title.

7 ‘‘(6) In the case of an officer credited with having com8 pleted a full tour of duty in a joint duty assignment pursu9 ant to this subsection, the Secretary of Defense may waive

10 the requirement in paragraph (1)(B) of section 661(c) of

11 this title that the tour of duty in a joint duty assignment

12 be performed after the officer completes a program of edu13 cation referred to in paragraph (1)(A) of that section.’’.

14 (c) INFORMATION IN ANNUAL REPORT.—Section 667

15 of such title is amended—

16 (1) by redesignating paragraph (18) as para17 graph (19); and

18 (2) by inserting after paragraph (17) the follow19 ing new paragraph (18):

20 ‘‘(18) The number of officers granted credit for

21 service in joint duty assignments under section 664(i)

22 of this title and—

23 ‘‘(A) of those officers—
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1 ‘‘(i) the number of officers credited

2 with having completed a tour of duty in a

3 joint duty assignment; and

4 ‘‘(ii) the number of officers granted

5 credit for purposes of determining cumu6 lative service in joint duty assignments;

7 and

8 ‘‘(B) the identity of each operation for

9 which an officer has been granted credit pursu10 ant to section 664(i) of this title and a brief de11 scription of the mission of the operation.’’.

12 (d) GENERAL AND FLAG OFFICER EXEMPTION FROM

13 WAIVER LIMITS.—Section 661(c)(3)(D) of such title is

14 amended by inserting ‘‘, other than for general or flag offi15 cers,’’ in the third sentence after ‘‘during any fiscal year’’.

16 (e) LENGTH OF SECOND JOINT TOUR.—Section 664

17 of such title is amended—

18 (1) in subsection (e)(2), by inserting after sub19 paragraph (B) the following:

20 ‘‘(C) Service described in subsection (f)(6), except

21 that no more than 10 percent of all joint duty assign22 ments shown on the list published pursuant to section

23 668(b)(2)(A) of this title may be so excluded in any

24 year.’’; and

25 (2) in subsection (f)—
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1 (A) by striking out ‘‘or’’ at the end of para2 graph (4);

3 (B) by striking out the period at the end of

4 paragraph (5) and inserting in lieu thereof ‘‘;

5 or’’; and

6 (C) by adding at the end the following:

7 ‘‘(6) a second joint duty assignment that is less

8 than the period required under subsection (a), but not

9 less than 2 years, without regard to whether a waiver

10 was granted for such assignment under subsection

11 (b).’’.

12 SEC. 502. REVISION OF SERVICE OBLIGATION FOR GRAD13 UATES OF THE SERVICE ACADEMIES.

14 (a) MILITARY ACADEMY.—Section 4348(a)(2)(B) of

15 such title is amended by striking out ‘‘six years’’ and insert16 ing in lieu thereof ‘‘five years’’.

17 (b) NAVAL ACADEMY.—Section 6959(a)(2)(B) of such

18 title is amended by striking out ‘‘six years’’ and inserting

19 in lieu thereof ‘‘five years’’.

20 (c) AIR FORCE ACADEMY.—Section 9348(a)(2)(B) of

21 such title is amended by striking out ‘‘six years’’ and insert22 ing in lieu thereof ‘‘five years’’.

23 (d) REQUIREMENT FOR REVIEW AND REPORT.—Not

24 later than April 1, 1996, the Secretary of Defense shall—
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1 (1) review the effects that each of various periods

2 of obligated active duty service for graduates of the

3 United States Military Academy, the United States

4 Naval Academy, and the United States Air Force

5 Academy would have on the number and quality of

6 the eligible and qualified applicants seeking appoint7 ment to such academies; and

8 (2) submit to the Committee on Armed Services

9 of the Senate and the Committee on National Secu10 rity of the House of Representatives a report on the

11 Secretary’s findings together with any recommended

12 legislation regarding the minimum periods of obli13 gated active duty service for graduates of the United

14 States Military Academy, the United States Naval

15 Academy, and the United States Air Force Academy.

16 (e) EFFECTIVE DATE.—(1) The amendments made by

17 this section shall apply to persons who are first admitted

18 to military service academies after December 31, 1991.

19 (2) Section 511(e) of the National Defense Authoriza20 tion Act for Fiscal Years 1990 and 1991 (Public Law 101–

21 189; 103 Stat. 1439; 10 U.S.C. 2114 note) is amended—

22 (A) by striking out ‘‘amendments made by this

23 section’’ and inserting in lieu thereof ‘‘amendment

24 made by subsection (a)’’; and
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1 (B) by striking out ‘‘or one of the service acad2 emies’’.

3 SEC. 503. QUALIFICATIONS FOR APPOINTMENT AS SUR4 GEON GENERAL OF AN ARMED FORCE.

5 (a) SURGEON GENERAL OF THE ARMY.—Section 3036

6 of title 10, United States Code, is amended—

7 (1) in subsection (b), by inserting after the third

8 sentence the following: ‘‘The Surgeon General shall be

9 appointed as prescribed in subsection (f).’’; and

10 (2) by adding at the end the following new sub11 section (f):

12 ‘‘(f) The President shall appoint the Surgeon General

13 from among commissioned officers in any corps of the Army

14 Medical Department who are educationally and profes15 sionally qualified to furnish health care to other persons,

16 including doctors of medicine, dentistry, and osteopathy,

17 nurses, and clinical psychologists.’’.

18 (b) SURGEON GENERAL OF THE NAVY.—Section 5137

19 of title 10, United States Code, is amended—

20 (1) in the first sentence of subsection (a), by

21 striking out ‘‘in the Medical Corps’’ and inserting in

22 lieu thereof ‘‘who are educationally and professionally

23 qualified to furnish health care to other persons, in24 cluding doctors of medicine, dentistry, and osteop25 athy, nurses, and clinical psychologists’’; and
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1 (2) in subsection (b), by striking out ‘‘in the

2 Medical Corps’’ and inserting in lieu thereof ‘‘who is

3 qualified to be the Chief of the Bureau of Medicine

4 and Surgery’’.

5 (c) SURGEON GENERAL OF THE AIR FORCE.—The

6 first sentence of section 8036 of title 10, United States Code,

7 is amended by striking out ‘‘designated as medical officers

8 under section 8067(a) of this title’’ and inserting in lieu

9 thereof ‘‘educationally and professionally qualified to fur10 nish health care to other persons, including doctors of medi11 cine, dentistry, and osteopathy, nurses, and clinical

12 psychologists’’.

13 SEC. 504. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR

14 FORCE.

15 (a) TENURE AND GRADE OF DEPUTY JUDGE ADVO16 CATE GENERAL.—Section 8037(d)(1) of such title is amend17 ed—

18 (1) by striking out ‘‘two years’’ in the second

19 sentence and inserting in lieu thereof ‘‘four years’’,

20 and

21 (2) by striking out the last sentence and insert22 ing in lieu thereof the following: ‘‘An officer ap23 pointed as Deputy Judge Advocate General who holds

24 a lower regular grade shall be appointed in the regu25 lar grade of major general.’’.
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1 (b) SAVINGS PROVISION.—The amendments made by

2 this section shall not apply to a person serving pursuant

3 to appointment in the position of Deputy Judge Advocate

4 General of the Air Force while such person is serving the

5 term for which the person was appointed to such position

6 before the date of the enactment of this Act and any exten7 sion of such term.

8 SEC. 505. RETIRING GENERAL AND FLAG OFFICERS: APPLI9 CABILITY OF UNIFORM CRITERIA AND PROCE10 DURES FOR RETIRING IN HIGHEST GRADE IN

11 WHICH SERVED.

12 (a) APPLICABILITY OF TIME-IN-GRADE REQUIRE13 MENTS.—Section 1370 of title 10, United States Code, is

14 amended—

15 (1) in subsection (a)(2)(A), by striking out ‘‘and

16 below lieutenant general or vice admiral’’; and

17 (2) in the first sentence of subsection (d)(2)(B),

18 as added by section 1641 of the Reserve Officer Per19 sonnel Management Act (title XVI of Public Law

20 103–337; 108 Stat. 2968), by striking out ‘‘and below

21 lieutenant general or vice admiral’’.

22 (b) RETIREMENT IN HIGHEST GRADE UPON CERTIFI23 CATION OF SATISFACTORY SERVICE.—Section 1370(c) of

24 title 10, United States Code, is amended—
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1 (1) by striking out ‘‘Upon retirement an officer’’

2 and inserting in lieu thereof ‘‘An officer’’; and

3 (2) by striking out ‘‘may, in the discretion’’ and

4 all that follows and inserting in lieu thereof ‘‘may be

5 retired in the higher grade under subsection (a) only

6 after the Secretary of Defense certifies in writing to

7 the President and the Senate that the officer served on

8 active duty satisfactorily in that grade. The 3-year

9 time-in-grade requirement in paragraph (2)(A) of

10 subsection (a) may not be reduced or waived under

11 such subsection in the case of such an officer while the

12 officer is under investigation for alleged misconduct

13 or while disposition of an adverse personnel action is

14 pending against the officer for alleged misconduct.’’.

15 (c) CONFORMING AMENDMENTS.—Sections 3962(a),

16 5034, and 8962(a) of title 10, United States Code, are re17 pealed.

18 (d) TECHNICAL AND CLERICAL AMENDMENTS.—(1)

19 Sections 3962(b) and 8962(b) of such title are amended by

20 striking out ‘‘(b) Upon’’ and inserting in lieu thereof

21 ‘‘Upon’’.

22 (2) The table of sections at the beginning of chapter

23 505 of such title is amended by striking out the item relat24 ing to section 5034.
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1 (e) EFFECTIVE DATE FOR AMENDMENTS TO PROVI2 SION TAKING EFFECT IN 1996.—The amendment made by

3 subsection (a)(2) shall take effect on October 1, 1996, imme4 diately after subsection (d) of section 1370 of title 10, Unit5 ed States Code, takes effect under section 1691(b)(1) of the

6 Reserve Officer Personnel Management Act (108 Stat.

7 3026).

8 SEC. 506. EXTENSION OF CERTAIN RESERVE OFFICER MAN9 AGEMENT AUTHORITIES.

10 (a) GRADE DETERMINATION AUTHORITY FOR CERTAIN

11 RESERVE MEDICAL OFFICERS.—Section 3359(b) and

12 8359(b) of title 10, United States Code, are each amended

13 by striking out ‘‘September 30, 1995’’ and inserting in lieu

14 thereof ‘‘September 30, 1996’’.

15 (b) PROMOTION AUTHORITY FOR CERTAIN RESERVE

16 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

17 and 8380(d) of title 10, United States Code, are each

18 amended by striking out ‘‘September 30, 1995’’ and insert19 ing in lieu thereof ‘‘September 30, 1996’’.

20 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

21 TO THE RETIRED RESERVE.—Section 1016(d) of the De22 partment of Defense Authorization Act, 1984 (10 U.S.C.

23 3360) is amended by striking out ‘‘September 30, 1995’’

24 and inserting in lieu thereof ‘‘September 30, 1996’’.
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1 SEC. 507. RESTRICTIONS ON WEARING INSIGNIA FOR HIGH2 ER GRADE BEFORE PROMOTION.

3 (a) ACTIVE-DUTY LIST.—(1) Subchapter II of chapter

4 36 of title 10, United States Code, is amended by inserting

5 after section 624 the following:

6 ‘‘§ 624a. Restrictions on frocking

7 ‘‘(a) RESTRICTIONS.—An officer may not be frocked

8 to a grade unless—

9 ‘‘(1) the Senate has confirmed by advice and

10 consent a nomination of the officer for promotion to

11 that grade; and

12 ‘‘(2) the officer is serving in, or has been ordered

13 to, a position for which that grade is authorized.

14 ‘‘(b) BENEFITS NOT TO ACCRUE.—(1) An officer

15 frocked to a grade may not, on the basis of the frocking—

16 ‘‘(A) be paid the rate of pay provided for an offi17 cer in that grade having the same number of years of

18 service as the frocked officer; or

19 ‘‘(B) assume any legal authority associated with

20 that grade.

21 ‘‘(2) The period for which an officer is frocked to a

22 grade may not be taken into account for any of the follow23 ing purposes:

24 ‘‘(A) Seniority in that grade.

25 ‘‘(B) Time of service in that grade.
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1 ‘‘(c) NUMBERS OF ACTIVE-DUTY LIST OFFICERS

2 FROCKED TO GRADE O–7.—The number of officers on the

3 active-duty list who are authorized by frocking to wear the

4 insignia for the grade of brigadier general or, in the Navy,

5 rear admiral (lower half) may not exceed 35.

6 ‘‘(d) NUMBERS OF ACTIVE-DUTY LIST OFFICERS

7 FROCKED TO GRADES O–4, O–5, AND O–6.—The number

8 of officers of an armed force on the active-duty list who are

9 authorized by frocking to wear the insignia for a grade to

10 which a limitation on total number applies under section

11 523(a) of this title for a fiscal year may not exceed one

12 percent of the total number provided for the officers in that

13 grade in that armed force in the administration of the limi14 tation under such section 523(a) for such fiscal year.

15 ‘‘(e) DEFINITION.—In this section, the term ‘frock’,

16 with respect to an officer, means to authorize the officer to

17 wear the insignia of a higher grade before being promoted

18 to that grade.’’.

19 (2) The table of sections at the beginning of subchapter

20 II of chapter 36 of such title is amended by inserting after

21 the item relating to section 624 the following:

‘‘624a. Restrictions on frocking.’’.

22 (b) TEMPORARY VARIATION OF LIMITATIONS ON NUM23 BERS OF FROCKED OFFICERS.—(1) In the administration

24 of section 624a(c) of title 10, United States Code (as added

25 by subsection (a)), for fiscal years 1996 and 1997, the maxi-
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1 mum number applicable to officers on the active-duty list

2 who are authorized by frocking to wear the insignia for the

3 grade of brigadier general or, in the Navy, rear admiral

4 (lower half) is as follows:

5 (A) During fiscal year 1996, 75 officers.

6 (B) During fiscal year 1997, 55 officers.

7 (2) In the administration of section 624a(d) of title

8 10, United States Code (as added by subsection (a)), for

9 fiscal year 1996, the percent limitation applied under that

10 section shall be two percent instead of one percent.

11 (c) DEFINITION.—In this section, the term ‘frock’, with

12 respect to an officer, means to authorize the officer to wear

13 the insignia of a higher grade before being promoted to that

14 grade.

15 SEC. 508. DIRECTOR OF ADMISSIONS, UNITED STATES MILI16 TARY ACADEMY: RETIREMENT FOR YEARS OF

17 SERVICE.

18 (a) AUTHORITY TO DIRECT RETIREMENT.—Section

19 3920 of title 10, United States Code, is amended to read

20 as follows:

21 ‘‘§ 3920. More than thirty years: permanent professors

22 and the Director of Admissions of United

23 States Military Academy

24 ‘‘(a) AUTHORITY TO DIRECT RETIREMENT.—The Sec25 retary of the Army may retire any of the personnel of the
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1 United States Military Academy described in subsection (b)

2 who has more than 30 years of service as a commissioned

3 officer.

4 ‘‘(b) APPLICABILITY.—The authority under subsection

5 (a) may be exercised in the case of the following personnel:

6 ‘‘(1) A permanent professor.

7 ‘‘(2) The Director of Admissions.’’.

8 (b) CLERICAL AMENDMENT.—The item relating to

9 such section in the table of sections at the beginning of chap10 ter 367 of such title is amended to read as follows:

‘‘3920. More than thirty years: permanent professors and the Director of Admissions of United States Military Academy.’’.

11 Subtitle B—Matters Relating to

12 Reserve Components

13 SEC. 511. MOBILIZATION INCOME INSURANCE PROGRAM

14 FOR MEMBERS OF READY RESERVE.

15 (a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle E of

16 title 10, United States Code, is amended by inserting after

17 chapter 1213 the following new chapter:

18 ‘‘CHAPTER 1214—READY RESERVE INCOME

19 INSURANCE

‘‘Sec.

‘‘12521. Definitions.

‘‘12522. Establishment of insurance program.

‘‘12523. Risk insured.

‘‘12524. Enrollment and election of benefits.

‘‘12525. Benefit amounts.

‘‘12526. Premiums.

‘‘12527. Payment of premiums.

‘‘12528. Department of Defense Ready Reserve Income Insurance Fund.

‘‘12529. Board of Actuaries.

‘‘12530. Payment of benefits.
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‘‘12531. Purchase of insurance.

‘‘12532. Termination for nonpayment of premiums; forfeiture.

1 ‘‘§ 12521. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) The term ‘insurance program’ means the

4 Department of Defense Ready Reserve Income Insur5 ance Program established under section 12522 of this

6 title.

7 ‘‘(2) The term ‘covered service’ means active duty

8 performed by a member of a reserve component under

9 an order to active duty for a period of more than 30

10 days which specifies that the member’s service—

11 ‘‘(A) is in support of an operational mis12 sion for which members of the reserve compo13 nents have been ordered to active duty without

14 their consent; or

15 ‘‘(B) is in support of forces activated during

16 a period of war declared by Congress or a period

17 of national emergency declared by the President

18 or Congress.

19 ‘‘(3) The term ‘insured member’ means a member

20 of the Ready Reserve who is enrolled for coverage

21 under the insurance program in accordance with sec22 tion 12524 of this title.

23 ‘‘(4) The term ‘Secretary’ means the Secretary of

24 Defense.
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1 ‘‘(5) The term ‘Department’ means the Depart2 ment of Defense.

3 ‘‘(6) The term ‘Board of Actuaries’ means the

4 Department of Defense Education Benefits Board of

5 Actuaries referred to in section 2006(e)(1) of this title.

6 ‘‘(7) The term ‘Fund’ means the Department of

7 Defense Ready Reserve Income Insurance Fund estab8 lished by section 12528(a) of this title.

9 ‘‘§ 12522. Establishment of insurance program

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

11 for members of the Ready Reserve an insurance program

12 to be known as the ‘Department of Defense Ready Reserve

13 Income Insurance Program’.

14 ‘‘(b) ADMINISTRATION.—The insurance program shall

15 be administered by the Secretary. The Secretary may pre16 scribe in regulations such rules, procedures, and policies as

17 the Secretary considers necessary or appropriate to carry

18 out the insurance program.

19 ‘‘§ 12523. Risk insured

20 ‘‘(a) IN GENERAL.—The insurance program shall in21 sure members of the Ready Reserve against the risk of being

22 ordered into covered service.

23 ‘‘(b) ENTITLEMENT TO BENEFITS.—(1) An insured

24 member ordered into covered service shall be entitled to pay25 ment of a benefit for each month (and fraction thereof) of
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1 covered service that exceeds 30 days of covered service, ex2 cept that no member may be paid under the insurance pro3 gram for more than 12 months of covered service served dur4 ing any period of 18 consecutive months.

5 ‘‘(2) Payment shall be based solely on the insured sta6 tus of a member and on the period of covered service served

7 by the member. Proof of loss of income or of expenses in8 curred as a result of covered service may not be required.

9 ‘‘§ 12524. Enrollment and election of benefits

10 ‘‘(a) ENROLLMENT.—(1) Except as provided in sub11 section (f), upon first becoming a member of the Ready Re12 serve, a member shall be automatically enrolled for coverage

13 under the insurance program. An automatic enrollment of

14 a member shall be void if within 30 days after first becom15 ing a member of the Ready Reserve the member declines

16 insurance under the program in accordance with the regu17 lations prescribed by the Secretary.

18 ‘‘(2) Promptly after the insurance program is estab19 lished, the Secretary shall offer to members of the reserve

20 components who are then members of the Ready Reserve

21 (other than members ineligible under subsection (f)) an op22 portunity to enroll for coverage under the insurance pro23 gram. A member who fails to enroll within 30 days after

24 being offered the opportunity shall be considered as having

25 declined to be insured under the program.
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1 ‘‘(3) A member of the Ready Reserve ineligible to enroll

2 under subsection (f) shall be afforded an opportunity to en3 roll upon being released from active duty if the member has

4 not previously had the opportunity to be enrolled under

5 paragraph (1) or (2). A member who fails to enroll within

6 30 days after being afforded that opportunity shall be con7 sidered as having declined to be insured under the program.

8 ‘‘(b) ELECTION OF BENEFIT AMOUNT.—The amount of

9 a member’s monthly benefit under an enrollment shall be

10 the basic benefit under subsection (a) of section 12525 of

11 this title unless the member elects a different benefit under

12 subsection (b) of such section within 30 days after first be13 coming a member of the Ready Reserve or within 30 days

14 after being offered the opportunity to enroll, as the case may

15 be.

16 ‘‘(c) ELECTIONS IRREVOCABLE.—(1) An election to de17 cline insurance pursuant to paragraph (1) or (2) of sub18 section (a) is irrevocable.

19 ‘‘(2) Subject to subsection (d), the amount of coverage

20 may not be changed after enrollment.

21 ‘‘(d) ELECTION TO TERMINATE.—A member may ter22 minate an enrollment at any time.

23 ‘‘(e) INFORMATION TO BE FURNISHED.—The Sec24 retary shall ensure that members referred to in subsection

25 (a) are given a written explanation of the insurance pro-
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1 gram and are advised that they have the right to decline

2 to be insured and, if not declined, to elect coverage for a

3 reduced benefit or an enhanced benefit under subsection (b).

4 ‘‘(f) MEMBERS INELIGIBLE TO ENROLL.—Members of

5 the Ready Reserve serving on active duty (or full-time Na6 tional Guard duty) are not eligible to enroll for coverage

7 under the insurance program. The Secretary may define

8 any additional category of members of the Ready Reserve

9 to be excluded from eligibility to purchase insurance under

10 this chapter.

11 ‘‘§ 12525. Benefit amounts

12 ‘‘(a) BASIC BENEFIT.—The basic benefit for an in13 sured member under the insurance program is $1,000 per

14 month (as adjusted under subsection (d)).

15 ‘‘(b) REDUCED AND ENHANCED BENEFITS.—Under

16 the regulations prescribed by the Secretary, a person en17 rolled for coverage under the insurance program may

18 elect—

19 ‘‘(1) a reduced coverage benefit equal to one-half

20 the amount of the basic benefit; or

21 ‘‘(2) an enhanced benefit in the amount of

22 $1,500, $2,000, $2,500, $3,000, $3,500, $4,000,

23 $4,500, or $5,000 per month (as adjusted under sub24 section (d)).
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1 ‘‘(c) AMOUNT FOR PARTIAL MONTH.—The amount of

2 insurance payable to an insured member for any period

3 of covered service that is less than one month shall be determined by multiplying 1 4 ⁄30 of the monthly benefit rate for

5 the member by the number of days of the covered service

6 served by the member during such period.

7 ‘‘(d) ADJUSTMENT OF AMOUNTS.—(1) The Secretary

8 shall determine annually the effect of inflation on benefits

9 and shall adjust the amounts set forth in subsections (a)

10 and (b)(2) to maintain the constant dollar value of the bene11 fit.

12 ‘‘(2) If the amount of a benefit as adjusted under para13 graph (1) is not evenly divisible by $10, the amount shall

14 be rounded to the nearest multiple of $10, except that an

15 amount evenly divisible by $5 but not by $10 shall be

16 rounded to the next lower amount that is evenly divisible

17 by $10.

18 ‘‘§ 12526. Premiums

19 ‘‘(a) ESTABLISHMENT OF RATES.—(1) The Secretary,

20 in consultation with the Board of Actuaries, shall prescribe

21 the premium rates for insurance under the insurance pro22 gram.

23 ‘‘(2) The Secretary shall prescribe a fixed premium

24 rate for each $1,000 of monthly insurance benefit. The pre25 mium amount shall be equal to the share of the cost attrib-
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1 utable to insuring the member and shall be the same for

2 all members of the Ready Reserve who are insured under

3 the insurance program for the same benefit amount. The

4 Secretary shall prescribe the rate on the basis of the best

5 available estimate of risk and financial exposure, levels of

6 subscription by members, and other relevant factors.

7 ‘‘(b) LEVEL PREMIUMS.—The premium rate pre8 scribed for the first year of insurance coverage of an insured

9 member shall be continued without change for subsequent

10 years of insurance coverage, except that the Secretary, after

11 consultation with the Board of Actuaries, may adjust the

12 premium rate in order to fund inflation-adjusted benefit in13 creases on an actuarially sound basis.

14 ‘‘§ 12527. Payment of premiums

15 ‘‘(a) METHODS OF PAYMENT.—(1) The monthly pre16 mium for coverage of a member under the insurance pro17 gram shall be deducted and withheld from the insured mem18 ber’s basic pay for inactive duty training each month.

19 ‘‘(2) An insured member who does not receive pay on

20 a monthly basis shall pay the Secretary directly the pre21 mium amount applicable for the level of benefits for which

22 the member is insured.

23 ‘‘(b) ADVANCE PAY FOR PREMIUM.—The Secretary

24 concerned may advance to an insured member the amount

25 equal to the first insurance premium payment due under
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1 this chapter. The advance may be paid out of appropria2 tions for military pay. An advance to a member shall be

3 collected from the member either by deducting and withhold4 ing the amount from basic pay payable for the member or

5 by collecting it from the member directly. No disbursing or

6 certifying officer shall be responsible for any loss resulting

7 from an advance under this subsection.

8 ‘‘(c) PREMIUMS TO BE DEPOSITED IN FUND.—Pre9 mium amounts deducted and withheld from the basic pay

10 of insured members and premium amounts paid directly

11 to the Secretary shall be credited to the Fund.

12 ‘‘§ 12528. Department of Defense Ready Reserve In13 come Insurance Fund

14 ‘‘(a) ESTABLISHMENT.—There is established on the

15 books of the Treasury a fund to be known as the ‘Depart16 ment of Defense Ready Reserve Income Insurance Fund’,

17 which shall be administered by the Secretary of the Treas18 ury. The Fund shall be used for the accumulation of funds

19 in order to finance the liabilities of the insurance program

20 on an actuarially sound basis.

21 ‘‘(b) ASSETS OF FUND.—There shall be deposited into

22 the Fund the following:

23 ‘‘(1) Premiums paid under section 12527 of this

24 title.

25 ‘‘(2) Any amount appropriated to the Fund.
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1 ‘‘(3) Any return on investment of the assets of

2 the Fund.

3 ‘‘(c) AVAILABILITY.—Amounts in the Fund shall be

4 available for paying insurance benefits under the insurance

5 program.

6 ‘‘(d) INVESTMENT OF ASSETS OF FUND.—The Sec7 retary of the Treasury shall invest such portion of the Fund

8 as is not in the judgment of the Secretary of Defense re9 quired to meet current liabilities. Such investments shall

10 be in public debt securities with maturities suitable to the

11 needs of the Fund, as determined by the Secretary of De12 fense, and bearing interest at rates determined by the Sec13 retary of the Treasury, taking into consideration current

14 market yields on outstanding marketable obligations of the

15 United States of comparable maturities. The income on

16 such investments shall be credited to the Fund.

17 ‘‘(e) ANNUAL ACCOUNTING.—At the beginning of each

18 fiscal year, the Secretary, in consultation with the Board

19 of Actuaries and the Secretary of the Treasury, shall deter20 mine the following:

21 ‘‘(1) The projected amount of the premiums to be

22 collected, investment earnings to be received, and any

23 transfers or appropriations to be made for the Fund

24 for that fiscal year.
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1 ‘‘(2) The amount for that fiscal year of any cu2 mulative unfunded liability (including any negative

3 amount or any gain to the Fund) resulting from pay4 ments of benefits.

5 ‘‘(3) The amount for that fiscal year (including

6 any negative amount) of any cumulative actuarial

7 gain or loss to the Fund.

8 ‘‘§ 12529. Board of Actuaries

9 ‘‘(a) ACTUARIAL RESPONSIBILITY.—The Board of Ac10 tuaries shall have the actuarial responsibility for the insur11 ance program.

12 ‘‘(b) VALUATIONS AND PREMIUM RECOMMENDA13 TIONS.—The Board of Actuaries shall carry out periodic

14 actuarial valuations of the benefits under the insurance pro15 gram and determine a premium rate methodology for the

16 Secretary to use in setting premium rates for the insurance

17 program. The Board shall conduct the first valuation and

18 determine a premium rate methodology not later than six

19 months after the insurance program is established.

20 ‘‘(c) EFFECTS OF CHANGED BENEFITS.—If at the time

21 of any actuarial valuation under subsection (b) there has

22 been a change in benefits under the insurance program that

23 has been made since the last such valuation and such

24 change in benefits increases or decreases the present value

25 of amounts payable from the Fund, the Board of Actuaries
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1 shall determine a premium rate methodology, and rec2 ommend to the Secretary a premium schedule, for the liq3 uidation of any liability (or actuarial gain to the Fund)

4 resulting from such change and any previous such changes

5 so that the present value of the sum of the scheduled pre6 mium payments (or reduction in payments that would oth7 erwise be made) equals the cumulative increase (or decrease)

8 in the present value of such benefits.

9 ‘‘(d) ACTUARIAL GAINS OR LOSSES.—If at the time

10 of any such valuation the Board of Actuaries determines

11 that there has been an actuarial gain or loss to the Fund

12 as a result of changes in actuarial assumptions since the

13 last valuation or as a result of any differences, between ac14 tual and expected experience since the last valuation, the

15 Board shall recommend to the Secretary a premium rate

16 schedule for the amortization of the cumulative gain or loss

17 to the Fund resulting from such changes in assumptions

18 and any previous such changes in assumptions or from the

19 differences in actual and expected experience, respectively,

20 through an increase or decrease in the payments that would

21 otherwise be made to the Fund.

22 ‘‘(e) INSUFFICIENT ASSETS.—If at any time liabilities

23 of the Fund exceed assets of the Fund as a result of members

24 of the Ready Reserve being ordered to active duty as de25 scribed in section 12521(2) of this title, and funds are un-
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1 available to pay benefits completely, the Secretary shall re2 quest the President to submit to Congress a request for a

3 special appropriation to cover the unfunded liability. If ap4 propriations are not made to cover an unfunded liability

5 in any fiscal year, the Secretary shall reduce the amount

6 of the benefits paid under the insurance program to a total

7 amount that does not exceed the assets of the Fund expected

8 to accrue by the end of such fiscal year. Benefits that cannot

9 be paid because of such a reduction shall be deferred and

10 may be paid only after and to the extent that additional

11 funds become available.

12 ‘‘(f) DEFINITION OF PRESENT VALUE.—The Board of

13 Actuaries shall define the term ‘present value’ for purposes

14 of this subsection.

15 ‘‘§ 12530. Payment of benefits

16 ‘‘(a) COMMENCEMENT OF PAYMENT.—An insured

17 member who serves in excess of 30 days of covered service

18 shall be paid the amount to which such member is entitled

19 on a monthly basis beginning not later than one month

20 after the 30th day of covered service.

21 ‘‘(b) METHOD OF PAYMENT.—The Secretary shall pre22 scribe in the regulations the manner in which payments

23 shall be made to the member or to a person designated in

24 accordance with subsection (c).
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1 ‘‘(c) DESIGNATED RECIPIENTS.—(1) A member may

2 designate in writing another person (including a spouse,

3 parent, or other person with an insurable interest, as deter4 mined in accordance with the regulations prescribed by the

5 Secretary) to receive payments of insurance benefits under

6 the insurance program.

7 ‘‘(2) A member may direct that payments of insurance

8 benefits for a person designated under paragraph (1) be de9 posited with a bank or other financial institution to the

10 credit of the designated person.

11 ‘‘(d) RECIPIENTS IN EVENT OF DEATH OF INSURED

12 MEMBER.—Any insurance payable under the insurance

13 program on account of a deceased member’s period of cov14 ered service shall be paid, upon the establishment of a valid

15 claim, to the beneficiary or beneficiaries which the deceased

16 member designated in writing. If no such designation has

17 been made, the amount shall be payable in accordance with

18 the laws of the State of the member’s domicile.

19 ‘‘§ 12531. Purchase of insurance

20 ‘‘(a) PURCHASE AUTHORIZED.—The Secretary may,

21 instead of or in addition to underwriting the insurance pro22 gram through the Fund, purchase from one or more insur23 ance companies a policy or policies of group insurance in

24 order to provide the benefits required under this chapter.

25 The Secretary may waive any requirement for full and open
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1 competition in order to purchase an insurance policy under

2 this subsection.

3 ‘‘(b) ELIGIBLE INSURERS.—In order to be eligible to

4 sell insurance to the Secretary for purposes of subsection

5 (a), an insurance company shall—

6 ‘‘(1) be licensed to issue insurance in each of the

7 50 States and in the District of Columbia; and

8 ‘‘(2) as of the most recent December 31 for which

9 information is available to the Secretary, have in ef10 fect at least one percent of the total amount of insur11 ance that all such insurance companies have in effect

12 in the United States.

13 ‘‘(c) ADMINISTRATIVE PROVISIONS.—(1) An insurance

14 company that issues a policy for purposes of subsection (a)

15 shall establish an administrative office at a place and under

16 a name designated by the Secretary.

17 ‘‘(2) For the purposes of carrying out this chapter, the

18 Secretary may use the facilities and services of any insur19 ance company issuing any policy for purposes of subsection

20 (a), may designate one such company as the representative

21 of the other companies for such purposes, and may contract

22 to pay a reasonable fee to the designated company for its

23 services.

24 ‘‘(d) REINSURANCE.—The Secretary shall arrange

25 with each insurance company issuing any policy for pur-
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1 poses of subsection (a) to reinsure, under conditions ap2 proved by the Secretary, portions of the total amount of

3 the insurance under such policy or policies with such other

4 insurance companies (which meet qualifying criteria pre5 scribed by the Secretary) as may elect to participate in such

6 reinsurance.

7 ‘‘(e) TERMINATION.—The Secretary may at any time

8 terminate any policy purchased under this section.

9 ‘‘§ 12532. Termination for nonpayment of premiums;

10 forfeiture

11 ‘‘(a) TERMINATION FOR NONPAYMENT.—The coverage

12 of a member under the insurance program shall terminate

13 without prior notice upon a failure of the member to make

14 required monthly payments of premiums for two consecu15 tive months. The Secretary may provide in the regulations

16 for reinstatement of insurance coverage terminated under

17 this subsection.

18 ‘‘(b) FORFEITURE.—Any person convicted of mutiny,

19 treason, spying, or desertion, or who refuses to perform serv20 ice in the armed forces or refuses to wear the uniform of

21 any of the armed forces shall forfeit all rights to insurance

22 under this chapter.’’.

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

24 E, and at the beginning of part II of subtitle E, of title
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1 10, United States Code, are amended by inserting after the

2 item relating to chapter 1213 the following new item:

‘‘1214. Ready Reserve Income Insurance ....................................................... 12521’’.

3 (b) EFFECTIVE DATE.—The insurance program pro4 vided for in chapter 1214 of title 10, United States Code,

5 as added by subsection (a), and the requirement for deduc6 tions and contributions for that program shall take effect

7 on September 30, 1996, or on any earlier date declared by

8 the Secretary and published in the Federal Register.

9 SEC. 512. ELIGIBILITY OF DENTISTS TO RECEIVE ASSIST10 ANCE UNDER THE FINANCIAL ASSISTANCE

11 PROGRAM FOR HEALTH CARE PROFES12 SIONALS IN RESERVE COMPONENTS.

13 Section 16201(b) of title 10, United States Code, is

14 amended—

15 (1) by striking out ‘‘(b) PHYSICIANS IN CRITICAL

16 SPECIALTIES.—’’ and inserting in lieu thereof ‘‘(b)

17 PHYSICIANS AND DENTISTS IN CRITICAL SPECIAL18 TIES.—’’;

19 (2) in paragraph (1)—

20 (A) by inserting ‘‘or dental school’’ in sub21 paragraph (A) after ‘‘medical school’’;

22 (B) by inserting ‘‘or as a dental officer’’ in

23 subparagraph (B) after ‘‘medical officer’’; and

24 (C) by striking out ‘‘physicians in a medi25 cal specialty designated’’ and inserting in lieu
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1 thereof ‘‘physicians or dentists in a medical spe2 cialty or dental specialty, respectively, that is

3 designated’’; and

4 (3) in paragraph (2)(B), by inserting ‘‘or dental

5 officer’’ after ‘‘medical officer’’.

6 SEC. 513. LEAVE FOR MEMBERS OF RESERVE COMPONENTS

7 PERFORMING PUBLIC SAFETY DUTY.

8 (a) ELECTION OF LEAVE TO BE CHARGED.—Sub9 section (b) of section 6323 of title 5, United States Code,

10 is amended by adding at the end the following: ‘‘Upon the

11 request of an employee, the period for which an employee

12 is absent to perform service described in paragraph (2) may

13 be charged to the employee’s accrued annual leave or to com14 pensatory time available to the employee instead of being

15 charged as leave to which the employee is entitled under

16 this subsection. The period of absence may not be charged

17 to sick leave.’’.

18 (b) PAY FOR PERIOD OF ABSENCE.—Section 5519 of

19 such title is amended by striking out ‘‘entitled to leave’’ and

20 inserting in lieu thereof ‘‘granted military leave’’.
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1 Subtitle C—Uniform Code of

2 Military Justice

3 SEC. 521. REFERENCES TO UNIFORM CODE OF MILITARY

4 JUSTICE.

5 Except as otherwise expressly provided, whenever in

6 this subtitle an amendment or repeal is expressed in terms

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a section

9 or other provision of chapter 47 of title 10, United States

10 Code (the Uniform Code of Military Justice).

11 SEC. 522. DEFINITIONS.

12 Section 801 (article 1) is amended by inserting after

13 paragraph (14) the following new paragraphs:

14 ‘‘(15) The term ‘classified information’ means

15 any information or material that has been deter16 mined by an official of the United States pursuant to

17 law, an Executive order, or regulation to require pro18 tection against unauthorized disclosure for reasons of

19 national security, and any restricted data, as defined

20 in section 11(y) of the Atomic Energy Act of 1954 (42

21 U.S.C. 2014(y)).

22 ‘‘(16) The term ‘national security’ means the na23 tional defense and foreign relations of the United

24 States.’’.
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1 SEC. 523. ARTICLE 32 INVESTIGATIONS.

2 Section 832 (article 32) is amended—

3 (1) by redesignating subsection (d) as subsection

4 (e); and

5 (2) by inserting after subsection (c) the following

6 new subsection (d):

7 ‘‘(d) If evidence adduced in an investigation under this

8 article indicates that the accused committed an uncharged

9 offense, the investigating officer is authorized to investigate

10 the subject matter of such offense without the accused having

11 first been charged with the offense. If the accused was

12 present at such investigation, was informed of the nature

13 of each uncharged offense investigated, and was afforded the

14 opportunities for representation, cross-examination, and

15 presentation prescribed in subsection (b), no further inves16 tigation of such offense or offenses is necessary under this

17 article.’’.

18 SEC. 524. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.

19 Section 847(b) (article 47(b)) is amended—

20 (1) by inserting ‘‘indictment or’’ in the first sen21 tence after ‘‘shall be tried on’’; and

22 (2) in the second sentence, by striking out ‘‘shall

23 be’’ and all that follows and inserting in lieu thereof

24 ‘‘shall be fined or imprisoned, or both, at the court’s

25 discretion.’’.
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1 SEC. 525. COMMITMENT OF ACCUSED TO TREATMENT FA2 CILITY BY REASON OF LACK OF MENTAL CA3 PACITY OR MENTAL RESPONSIBILITY.

4 (a) APPLICABLE PROCEDURES.—(1) Chapter 47 is

5 amended by inserting after section 850a (article 50a) the

6 following:

7 ‘‘§ 850b. Art. 50b. Lack of mental capacity or mental

8 responsibility: commitment of accused for

9 examination and treatment

10 ‘‘(a) PERSONS INCOMPETENT TO STAND TRIAL.—(1)

11 In the case of a person determined under this chapter to

12 be presently suffering from a mental disease or defect ren13 dering the person mentally incompetent to the extent that

14 the person is unable to understand the nature of the pro15 ceedings against that person or to conduct or cooperate in16 telligently in the defense of the case, the general court-mar17 tial convening authority for that person shall commit the

18 person to the custody of the Attorney General.

19 ‘‘(2) The Attorney General shall take action in accord20 ance with section 4241(d) of title 18.

21 ‘‘(3) If at the end of the period for hospitalization pro22 vided for in section 4241(d) of title 18, it is determined

23 that the committed person’s mental condition has not so im24 proved as to permit the trial to proceed, action shall be

25 taken in accordance with section 4246 of such title.
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1 ‘‘(4)(A) When the director of a facility in which a per2 son is hospitalized pursuant to paragraph (2) determines

3 that the person has recovered to such an extent that the per4 son is able to understand the nature of the proceedings

5 against the person and to conduct or cooperate intelligently

6 in the defense of the case, the director shall promptly trans7 mit a notification of that determination to the Attorney

8 General and to the general court-martial convening author9 ity for the person. The director shall send a copy of the

10 notification to the person’s counsel.

11 ‘‘(B) Upon receipt of a notification, the general court12 martial convening authority shall promptly take custody

13 of the person unless the person covered by the notification

14 is no longer subject to this chapter. If the person is no longer

15 subject to this chapter, the Attorney General shall take any

16 action within the authority of the Attorney General that

17 the Attorney General considers appropriate regarding the

18 person.

19 ‘‘(C) The director of the facility may retain custody

20 of the person for not more than 30 days after transmitting

21 the notifications required by subparagraph (A).

22 ‘‘(5) In the application of section 4246 of title 18 to

23 a case under this subsection, references to the court that or24 dered the commitment of a person, and to the clerk of such

25 court, shall be deemed to refer to the general court-martial
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1 convening authority for that person. However, if the person

2 is no longer subject to this chapter at a time relevant to

3 the application of such section to the person, the United

4 States district court for the district where the person is hos5 pitalized or otherwise may be found shall be considered as

6 the court that ordered the commitment of the person.

7 ‘‘(b) PERSONS FOUND NOT GUILTY BY REASON OF

8 LACK OF MENTAL RESPONSIBILITY.—(1) If a person is

9 found by a court-martial not guilty only by reason of lack

10 of mental responsibility, the person shall be committed to

11 a suitable facility until the person is eligible for release in

12 accordance with this section.

13 ‘‘(2) The court-martial shall conduct a hearing on the

14 mental condition in accordance with subsection (c) of sec15 tion 4243 of title 18. Subsections (b) and (d) of that section

16 shall apply with respect to the hearing.

17 ‘‘(3) A report of the results of the hearing shall be made

18 to the general court-martial convening authority for the

19 person.

20 ‘‘(4) If the court-martial fails to find by the standard

21 specified in subsection (d) of section 4243 of title 18 that

22 the person’s release would not create a substantial risk of

23 bodily injury to another person or serious damage of prop24 erty of another due to a present mental disease or defect—
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1 ‘‘(A) the general court-martial convening author2 ity may commit the person to the custody of the At3 torney General; and

4 ‘‘(B) the Attorney General shall take action in

5 accordance with subsection (e) of section 4243 of title

6 18.

7 ‘‘(5) Subsections (f), (g), and (h) of section 4243 of

8 title 18 shall apply in the case of a person hospitalized pur9 suant to paragraph (4)(B), except that the United States

10 district court for the district where the person is hospital11 ized shall be considered as the court that ordered the per12 son’s commitment.

13 ‘‘(c) GENERAL PROVISIONS.—(1) Except as otherwise

14 provided in this subsection and subsection (d)(1), the provi15 sions of section 4247 of title 18 apply in the administration

16 of this section.

17 ‘‘(2) In the application of section 4247(d) of title 18

18 to hearings conducted by a court-martial under this section

19 or by (or by order of) a general court-martial convening

20 authority under this section, the reference in that section

21 to section 3006A of such title does not apply.

22 ‘‘(d) APPLICABILITY.—(1) The provisions of chapter

23 313 of title 18 referred to in this section apply according

24 to the provisions of this section notwithstanding section

25 4247(j) of title 18.
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1 ‘‘(2) If the status of a person as described in section

2 802 of this title (article 2) terminates while the person is,

3 pursuant to this section, in the custody of the Attorney Gen4 eral, hospitalized, or on conditional release under a pre5 scribed regimen of medical, psychiatric, or psychological

6 care or treatment, the provisions of this section establishing

7 requirements and procedures regarding a person no longer

8 subject to this chapter shall continue to apply to that person

9 notwithstanding the change of status.’’.

10 (2) The table of sections at the beginning of subchapter

11 VII of such chapter is amended by inserting after the item

12 relating to section 850a (article 50a) the following:

‘‘850b. 50b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment.’’.

13 (b) CONFORMING AMENDMENT.—Section 802 of title

14 10, United States Code (article 2 of the Uniform Code of

15 Military Justice), is amended by adding at the end the fol16 lowing:

17 ‘‘(e) The provisions of this section are subject to section

18 850b(d)(2) of this title (article 50b(d)(2)).’’.

19 (c) EFFECTIVE DATE.—Section 850b of title 10, Unit20 ed States Code (article 50b of the Uniform Code of Military

21 Justice), as added by subsection (a), shall take effect 180

22 days after the date of the enactment of this Act and shall

23 apply with respect to charges referred to courts-martial on

24 or after that effective date.
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1 SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND RE2 DUCTION IN GRADE.

3 (a) EFFECTIVE DATE OF PUNISHMENTS.—Section

4 857(a) (article 57(a)) is amended to read as follows:

5 ‘‘(a)(1) Any forfeiture of pay, forfeiture of allowances,

6 or reduction in grade included in a sentence of a court7 martial takes effect on the earlier of—

8 ‘‘(A) the date that is 14 days after the date on

9 which the sentence is adjudged; or

10 ‘‘(B) the date on which the sentence is approved

11 by the convening authority.

12 ‘‘(2) On application by an accused, the convening au13 thority may defer any forfeiture of pay, forfeiture of allow14 ances, or reduction in grade that would otherwise become

15 effective under paragraph (1)(A) until the date on which

16 the sentence is approved by the convening authority. The

17 deferment may be rescinded at any time by the convening

18 authority.

19 ‘‘(3) A forfeiture of pay or allowances shall be collected

20 from pay accruing on and after the date on which the sen21 tence takes effect under paragraph (1). Periods during

22 which a sentence to forfeiture of pay or forfeiture of allow23 ances is suspended or deferred shall be excluded in comput24 ing the duration of the forfeiture.

25 ‘‘(4) In this subsection, the term ‘convening authority’,

26 with respect to a sentence of a court-martial, means any
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1 person authorized to act on the sentence under section 860

2 of this title (article 60).’’.

3 (b) EFFECT OF PUNITIVE SEPARATION OR CONFINE4 MENT FOR ONE YEAR OR MORE.—(1) Subchapter VIII is

5 amended by inserting after section 858a (article 58a) the

6 following new section (article):

7 ‘‘§ 858b. Art. 58b. Sentences: forfeiture of pay and al8 lowances

9 ‘‘(a) A sentence adjudged by a court-martial that in10 cludes confinement for one year or more, death, dishonor11 able discharge, bad-conduct discharge, or dismissal shall re12 sult in the forfeiture of all pay and allowances due that

13 member during any period of confinement or parole. The

14 forfeiture required by this section shall take effect on the

15 date determined under section 857(a) of this title (article

16 57(a)) and may be deferred in accordance with that section.

17 ‘‘(b) In a case involving an accused who has depend18 ents, the convening authority or other person acting under

19 section 860 of this title (article 60) may waive any or all

20 of the forfeitures of pay and allowances required by sub21 section (a) for a period not to exceed six months. Any

22 amount of pay or allowances that, except for a waiver under

23 this subsection, would be forfeited shall be paid, as the con24 vening authority or other person taking action directs, to

25 the dependents of the accused.
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1 ‘‘(c) If the sentence of a member who forfeits pay and

2 allowances under subsection (a) is set aside or disapproved

3 or, as finally approved, does not provide for a punishment

4 referred to in subsection (a), the member shall be paid the

5 pay and allowances which the member would have been

6 paid, except for the forfeiture, for the period during which

7 the forfeiture was in effect.’’.

8 (2) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of subchapter VIII of such chapter is amended

10 by adding at the end the following new item:

‘‘858b. 58b. Sentences: forfeiture of pay and allowances.’’.

11 (c) APPLICABILITY.—The amendments made by this

12 section shall apply to a case in which a sentence is adjudged

13 by a court-martial on or after the first day of the first

14 month that begins at least 30 days after the date of the

15 enactment of this Act.

16 SEC. 527. DEFERMENT OF CONFINEMENT.

17 Section 857 (article 57) is amended by striking out

18 subsection (e) and inserting in lieu thereof the following:

19 ‘‘(e)(1) When an accused in the custody of a State or

20 foreign country is returned temporarily to military au21 thorities for trial by court-martial and is later returned to

22 that State or foreign country under the authority of a mu23 tual agreement or treaty, the convening authority of the

24 court-martial may defer the service of the sentence to con25 finement without the consent of the accused. The deferment
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1 shall terminate when the accused is released permanently

2 to military authorities by the State or foreign country hav3 ing custody of the accused.

4 ‘‘(2) In this subsection, the term ‘State’ includes the

5 District of Columbia and any commonwealth, territory, or

6 possession of the United States.

7 ‘‘(f) While a review of a case under section 867(a)(2)

8 of this title (article 67(a)(2)) is pending, the Secretary con9 cerned or, when designated by the Secretary, an Under Sec10 retary, an Assistant Secretary, the Judge Advocate General,

11 or a commanding officer may defer further service of a sen12 tence to confinement which has been ordered executed in

13 such case.’’.

14 SEC. 528. SUBMISSION OF MATTERS TO THE CONVENING

15 AUTHORITY FOR CONSIDERATION.

16 Section 860(b)(1) (article 60(b)(1)) is amended by in17 serting after the first sentence the following: ‘‘Any such sub18 mission shall be in writing.’’.

19 SEC. 529. PROCEEDINGS IN REVISION.

20 Section 860(e)(2) (article 60(e)(2)) is amended by

21 striking out the first sentence and inserting in lieu thereof

22 the following: ‘‘A proceeding in revision may be ordered be23 fore authentication of the record of trial in order to correct

24 a clerical mistake in a judgment, order, or other part of
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1 the record or any error in the record arising from oversight

2 or omission.’’.

3 SEC. 530. APPEAL BY THE UNITED STATES.

4 Section 862(a)(1) (article 62(a)(1)) is amended to read

5 as follows:

6 ‘‘(a)(1)(A) In a trial by court-martial in which a mili7 tary judge presides and in which a punitive discharge may

8 be adjudged, the United States may appeal the following:

9 ‘‘(i) An order or ruling of the military judge

10 which terminates the proceedings with respect to a

11 charge or specification.

12 ‘‘(ii) An order or ruling which excludes evidence

13 that is substantial proof of a fact material in the pro14 ceeding.

15 ‘‘(iii) An order or ruling which directs the dis16 closure of classified information.

17 ‘‘(iv) An order or ruling which imposes sanctions

18 for nondisclosure of classified information.

19 ‘‘(v) A refusal of the military judge to issue a

20 protective order sought by the United States to pre21 vent the disclosure of classified information.

22 ‘‘(vi) A refusal by the military judge to enforce

23 an order described in clause (v) that has previously

24 been issued by appropriate authority.
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1 ‘‘(B) The United States may not appeal an order or

2 ruling that is or that amounts to, a finding of not guilty

3 with respect to the charge or specification.’’.

4 SEC. 531. FLIGHT FROM APPREHENSION.

5 (a) IN GENERAL.—Section 895 (article 95) is amended

6 to read as follows:

7 ‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,

8 and escape

9 ‘‘Any person subject to this chapter who—

10 ‘‘(1) resists apprehension;

11 ‘‘(2) flees from apprehension;

12 ‘‘(3) breaks arrest; or

13 ‘‘(4) escapes from custody or confinement;

14 shall be punished as a court-martial may direct.’’.

15 (b) CLERICAL AMENDMENT.—The item relating to sec16 tion 895 (article 95) in the table of sections at the beginning

17 of subchapter X is amended to read as follows:

‘‘895. Art. 95. Resistance, flight, breach of arrest, and escape.’’.

18 SEC. 532. CARNAL KNOWLEDGE.

19 (a) GENDER NEUTRALITY.—Subsection (b) of section

20 920 (article 120) is amended to read as follows:

21 ‘‘(b) Any person subject to this chapter who, under cir22 cumstances not amounting to rape, commits an act of sex23 ual intercourse with a person—

24 ‘‘(1) who is not that person’s spouse; and
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1 ‘‘(2) who has not attained the age of sixteen

2 years;

3 is guilty of carnal knowledge and shall be punished as a

4 court-martial may direct.’’.

5 (b) MISTAKE OF FACT.—Such section (article) is fur6 ther amended by adding at the end the following new sub7 section:

8 ‘‘(d)(1) In a prosecution under subsection (b), it is an

9 affirmative defense that—

10 ‘‘(A) the person with whom the accused commit11 ted the act of sexual intercourse had at the time of the

12 alleged offense attained the age of twelve years; and

13 ‘‘(B) the accused reasonably believed that that

14 person had at the time of the alleged offense attained

15 the age of sixteen years.

16 ‘‘(2) The accused has the burden of proving a defense

17 under paragraph (1) by a preponderance of the evidence.’’.

18 SEC. 533. TIME AFTER ACCESSION FOR INITIAL INSTRUC19 TION IN THE UNIFORM CODE OF MILITARY

20 JUSTICE.

21 Section 937(a)(1) (article 137(a)(1)) is amended by

22 striking out ‘‘within six days’’ and inserting in lieu thereof

23 ‘‘within fourteen days’’.
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1 SEC. 534. TECHNICAL AMENDMENT.

2 Section 866(f) (article 66(f)) is amended by striking

3 out ‘‘Courts of Military Review’’ both places it appears and

4 inserting in lieu thereof ‘‘Courts of Criminal Appeals’’.

5 SEC. 535. PERMANENT AUTHORITY CONCERNING TEM6 PORARY VACANCIES ON THE COURT OF AP7 PEALS FOR THE ARMED FORCES.

8 Section 1301 of the National Defense Authorization

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

10 103 Stat. 1569; 10 U.S.C. 942 note) is amended by striking

11 out subsection (i).

12 SEC. 536. ADVISORY PANEL ON UCMJ JURISDICTION OVER

13 CIVILIANS ACCOMPANYING THE ARMED

14 FORCES IN TIME OF ARMED CONFLICT.

15 (a) ESTABLISHMENT.—Not later than December 15,

16 1996, the Secretary of Defense and the Attorney General

17 shall jointly establish an advisory panel to review and make

18 recommendations on jurisdiction over civilians accompany19 ing the Armed Forces in time of armed conflict.

20 (b) MEMBERSHIP.—The panel shall be composed of at

21 least 5 individuals, including experts in military law,

22 international law, and federal civilian criminal law. In

23 making appointments to the panel, the Secretary and the

24 Attorney General shall ensure that the members of the panel

25 reflect diverse experiences in the conduct of prosecution and

26 defense functions.
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1 (c) DUTIES.—The panel shall—

2 (1) review historical experiences and current

3 practices concerning the employment, training, dis4 cipline, and functions of civilians accompanying the

5 Armed Forces in the field;

6 (2) make specific recommendations (in accord7 ance with subsection (d)) concerning—

8 (A) establishing court-martial jurisdiction

9 over civilians accompanying the Armed Forces

10 in the field during time of armed conflict not in11 volving a war declared by Congress;

12 (B) revisions to the jurisdiction of the Arti13 cle III courts over such persons; and

14 (C) establishment of Article I courts to exer15 cise jurisdiction over such persons; and

16 (3) make such additional recommendations (in

17 accordance with subsection (d)) as the panel considers

18 appropriate as a result of the review.

19 (d) REPORT.—(1) Not later than December 15, 1996,

20 the advisory panel shall transmit a report on the findings

21 and recommendations of the panel to the Secretary of De22 fense and the Attorney General.

23 (2) Not later than January 15, 1997, the Secretary

24 of Defense and the Attorney General shall jointly transmit

25 the report of the advisory panel to Congress. The Secretary
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1 and the Attorney General may include in the transmittal

2 any joint comments on the report that they consider appro3 priate, and either such official may include in the transmit4 tal any separate comments on the report that such official

5 considers appropriate.

6 (e) DEFINITIONS.—In this section:

7 (1) The term ‘‘Article I court’’ means a court es8 tablished under Article I of the Constitution.

9 (2) The term ‘‘Article III court’’ means a court

10 established under Article III of the Constitution.

11 (f) TERMINATION OF PANEL.—The panel shall termi12 nate 30 days after the date of submission of the report to

13 the Secretary of Defense and the Attorney General under

14 subsection (d).

15 Subtitle D—Decorations and

16 Awards

17 SEC. 541. AWARD OF PURPLE HEART TO CERTAIN FORMER

18 PRISONERS OF WAR.

19 (a) AUTHORITY TO MAKE AWARD.—The President

20 may award the Purple Heart to a person who, while serving

21 in the Armed Forces of the United States before April 25,

22 1962—

23 (1) was taken prisoner or held captive—

24 (A) in an action against an enemy of the

25 United States;
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1 (B) in military operations involving con2 flict with an opposing foreign force;

3 (C) during service with friendly forces en4 gaged in an armed conflict against an opposing

5 armed force in which the United States was not

6 a belligerent party;

7 (D) as the result of an action of any such

8 enemy or opposing armed force; or

9 (E) as the result of an act of any foreign

10 hostile force; and

11 (2) was wounded while being taken prisoner or

12 held captive.

13 (b) STANDARDS.—An award of the Purple Heart may

14 be made under subsection (a) only in accordance with the

15 standards in effect on the date of the enactment of this Act

16 for the award of the Purple Heart to a member of the Armed

17 Forces who, on or after April 25, 1962, has been taken pris18 oner and held captive under circumstances described in that

19 subsection.

20 (c) EXCEPTION FOR AIDING THE ENEMY.—An award

21 of a Purple Heart may not be made under this section to

22 any person convicted by a court of competent jurisdiction

23 of rendering assistance to any enemy of the United States.

24 (d) COVERED WOUNDS.—A wound determined by the

25 Secretary of Veterans Affairs as being a service-connected
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1 injury arising from being taken prisoner or held captive

2 under circumstances described in subsection (a) satisfies the

3 condition set forth in paragraph (2) of that subsection.

4 (e) RELATIONSHIP TO OTHER AUTHORITY TO AWARD

5 THE PURPLE HEART.—The authority under this section is

6 in addition to any other authority of the President to award

7 the Purple Heart.

8 SEC. 542. MERITORIOUS AND VALOROUS SERVICE DURING

9 VIETNAM ERA: REVIEW AND AWARDS.

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

11 (1) The Ia Drang Valley (Pleiku) campaign, car12 ried out by the Armed Forces of the United States in

13 the Ia Drang Valley of Vietnam from October 23,

14 1965, to November 26, 1965, is illustrative of the

15 many battles which pitted forces of the United States

16 against North Vietnamese Army regulars and Viet

17 Cong in vicious fighting in which many members of

18 the Armed Forces displayed extraordinary heroism,

19 sacrifice, and bravery which has not yet been offi20 cially recognized through award of appropriate deco21 rations.

22 (2) Accounts of these battles published since the

23 war ended authoritatively document repeated acts of

24 extraordinary heroism, sacrifice, and bravery on the

25 part of many members of the Armed Forces who were
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1 engaged in these battles, many of whom have never

2 been officially recognized for those acts.

3 (3) In some of the battles United States military

4 units suffered substantial losses, in some cases a ma5 jority of the strength of the units.

6 (4) The incidence of heavy casualties throughout

7 the war inhibited the timely collection of comprehen8 sive and detailed information to support rec9 ommendations for awards for the acts of heroism, sac10 rifice, and bravery performed.

11 (5) Requests to the Secretaries of the military de12 partments for review of award recommendations for

13 those acts have been denied because of restrictions in

14 law and regulations that require timely filing of rec15 ommendations and documented justification.

16 (6) Acts of heroism, sacrifice, and bravery per17 formed in combat by members of the Armed Forces of

18 the United States deserve appropriate and timely rec19 ognition by the people of the United States.

20 (7) It is appropriate to recognize military per21 sonnel for acts of extraordinary heroism, sacrifice, or

22 bravery that are belatedly, but properly, documented

23 by persons who witnessed those acts.

24 (b) WAIVER OF RESTRICTIONS ON AWARDS.—(1) Not25 withstanding any other provision of law, the Secretary of
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1 Defense or the Secretary of the military department con2 cerned may award or upgrade a decoration to any person

3 for an act, an achievement, or service that the person per4 formed in a campaign while serving on active duty during

5 the Vietnam era.

6 (2) Paragraph (1) applies to any decoration (includ7 ing any device in lieu of a decoration) that, during or after

8 the Vietnam era and before the date of the enactment of

9 this Act, was authorized by law or under regulations of the

10 Department of Defense or the military department con11 cerned to be awarded to a person for an act, an achieve12 ment, or service performed by that person while serving on

13 active duty.

14 (c) REVIEW OF AWARD RECOMMENDATIONS.—(1) The

15 Secretary of each military department shall review all rec16 ommendations for awards for acts, achievements, or service

17 described in subsection (b)(1) that have been received by the

18 Secretary during the period of the review.

19 (2) The Secretaries shall begin the review within 30

20 days after the date of the enactment of this Act and shall

21 complete the review within one year after such date.

22 (3) The Secretary may use the same process for carry23 ing out the review as the Secretary uses for reviewing other

24 recommendations for awarding decorations to members of
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1 the armed force or armed forces under the Secretary’s juris2 diction for acts, achievements, or service.

3 (4)(A) Upon completing the review, the Secretary shall

4 submit a report on the review to the Committee on Armed

5 Services of the Senate and the Committee on National Secu6 rity of the House of Representatives.

7 (B) The report shall contain the following information

8 on each recommendation for award reviewed:

9 (i) A summary of the recommendation.

10 (ii) The findings resulting from the review.

11 (iii) The final action taken on the recommenda12 tion.

13 (d) DEFINITIONS.—In this section:

14 (1) The term ‘‘Vietnam era’’ has the meaning

15 given that term in section 101(29) of title 38, United

16 States Code.

17 (2) The term ‘‘active duty’’ has the meaning

18 given such term in section 101(d)(1) of title 10, Unit19 ed States Code.

20 SEC. 543. MILITARY INTELLIGENCE PERSONNEL PRE21 VENTED BY SECRECY FROM BEING CONSID22 ERED FOR DECORATIONS AND AWARDS.

23 (a) WAIVER ON RESTRICTIONS OF AWARDS.—(1) Not24 withstanding any other provision of law, the President, the

25 Secretary of Defense, or the Secretary of the military de-
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1 partment concerned may award a decoration to any person

2 for an act, achievement, or service that the person performed

3 in carrying out military intelligence duties during the pe4 riod January 1, 1940, through December 31, 1990.

5 (2) Paragraph (1) applies to any decoration (includ6 ing any device in lieu of a decoration) that, during or after

7 the period described in paragraph (1) and before the date

8 of the enactment of this Act, was authorized by law or under

9 the regulations of the Department of Defense or the military

10 department concerned to be awarded to a person for an act,

11 achievement, or service performed by that person while serv12 ing on active duty.

13 (b) REVIEW OF AWARD RECOMMENDATIONS.—(1) The

14 Secretary of each military department shall review all rec15 ommendations for awards of decorations for acts, achieve16 ments, or service described in subsection (a)(1) that have

17 been received by the Secretary during the period of the re18 view.

19 (2) The Secretary shall begin the review within 30

20 days after the date of the enactment of this Act and shall

21 complete the review within one year after such date.

22 (3) The Secretary may use the same process for carry23 ing out the review as the Secretary uses for reviewing other

24 recommendations for awarding decorations to members of
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1 the armed force or armed forces under the Secretary’s juris2 diction for acts, achievements, or service.

3 (4) The Secretary may reject a recommendation if the

4 Secretary determines that there is a justifiable basis for con5 cluding that the recommendation is specious.

6 (5) The Secretary shall take reasonable actions to pub7 licize widely the opportunity to recommend awards of deco8 rations under this section.

9 (6)(A) Upon completing the review, the Secretary shall

10 submit a report on the review to the Committee on Armed

11 Services of the Senate and the Committee on National Secu12 rity of the House of Representatives.

13 (B) The report shall contain the following information

14 on each recommendation for an award reviewed:

15 (i) A summary of the recommendation.

16 (ii) The findings resulting from the review.

17 (iii) The final action taken on the recommenda18 tion.

19 (iv) Administrative or legislative recommenda20 tions to improve award procedures with respect to

21 military intelligence personnel.

22 (c) DEFINITION.—In this section, the term ‘‘active

23 duty’’ has the meaning given such term in section 101(d)(1)

24 of title 10, United States Code.
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1 SEC. 544. REVIEW REGARDING AWARDS OF DISTINGUISHED2 SERVICE CROSS TO ASIAN-AMERICANS AND

3 PACIFIC ISLANDERS FOR CERTAIN WORLD

4 WAR II SERVICE.

5 (a) REVIEW REQUIRED.—The Secretary of the Army

6 shall—

7 (1) review the records relating to the award of

8 the Distinguished-Service Cross to Asian-Americans

9 and Native American Pacific Islanders for service as

10 members of the Army during World War II in order

11 to determine whether the award should be upgraded

12 to the Medal of Honor; and

13 (2) submit to the President a recommendation

14 that the President award a Medal of Honor to each

15 such person for whom the Secretary determines an

16 upgrade to be appropriate.

17 (b) WAIVER OF TIME LIMITATIONS.—The President is

18 authorized to award a Medal of Honor to any person re19 ferred to in subsection (a) in accordance with a rec20 ommendation of the Secretary of the Army submitted under

21 that subsection. The following restrictions do not apply in

22 the case of any such person:

23 (1) Sections 3744 and 8744 of title 10, United

24 States Code.

25 (2) Any regulation or other administrative re26 striction on—
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1 (A) the time for awarding a Medal of

2 Honor; or

3 (B) the awarding of a Medal of Honor for

4 service for which a Distinguished-Service Cross

5 has been awarded.

6 (c) DEFINITIONS.—In this section:

7 (1) The term ‘‘Native American Pacific Is8 lander’’ means a Native Hawaiian and any other Na9 tive American Pacific Islander within the meaning of

10 the Native American Programs Act of 1974 (42

11 U.S.C. 2991 et seq.).

12 (2) The term ‘‘World War II’’ has the meaning

13 given that term in section 101(8) of title 38, United

14 States Code.

15 Subtitle E—Other Matters

16 SEC. 551. DETERMINATION OF WHEREABOUTS AND STA17 TUS OF MISSING PERSONS.

18 (a) PURPOSE.—The purpose of this section is to ensure

19 that any member of the Armed Forces is accounted for by

20 the United States (by the return of such person alive, by

21 the return of the remains of such person, or by the decision

22 that credible evidence exists to support another determina23 tion of the status of such person) and, as a general rule,

24 is not declared dead solely because of the passage of time.
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1 (b) IN GENERAL.—(1) Part II of subtitle A of title 10,

2 United States Code, is amended by inserting after chapter

3 75 the following new chapter:

4 ‘‘CHAPTER 76—MISSING PERSONS

‘‘Sec.

‘‘1501. System for accounting for missing persons.

‘‘1502. Missing persons: initial report.

‘‘1503. Actions of Secretary concerned; initial board inquiry.

‘‘1504. Subsequent board of inquiry.

‘‘1505. Further review.

‘‘1506. Personnel files.

‘‘1507. Recommendation of status of death.

‘‘1508. Return alive of person declared missing or dead.

‘‘1509. Effect on State law.

‘‘1510. Definitions.

5 ‘‘§ 1501. System for accounting for missing persons

6 ‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) The Sec7 retary of Defense shall establish within the Office of the Sec8 retary of Defense an office to have responsibility for Depart9 ment of Defense policy relating to missing persons. Subject

10 to the authority, direction, and control of the Secretary of

11 Defense, the responsibilities of the office shall include—

12 ‘‘(A) policy, control, and oversight within the

13 Department of Defense of the entire process for inves14 tigation and recovery related to missing persons; and

15 ‘‘(B) coordination for the Department of Defense

16 with other departments and agencies of the United

17 States on all matters concerning missing persons.

18 ‘‘(2) In carrying out the responsibilities of the office

19 established under this subsection, the head of the office shall

20 coordinate the efforts of that office with those of other de-
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1 partments and agencies and other elements of the Depart2 ment of Defense for such purposes and shall be responsible

3 for the coordination for such purposes within the Depart4 ment of Defense among the military departments, the Joint

5 Staff, and the commanders of the combatant commands.

6 ‘‘(3) The office shall establish policies, which shall

7 apply uniformly throughout the Department of Defense, for

8 personnel recovery.

9 ‘‘(4) The office shall establish procedures to be followed

10 by Department of Defense boards of inquiry, and by offi11 cials reviewing the reports of such boards, under this chap12 ter.

13 ‘‘(b) SEARCH AND RESCUE.—Notwithstanding sub14 section (a), responsibility for search and rescue policies

15 within the Department of Defense shall be established by

16 the Assistant Secretary of Defense for Special Operations

17 and Low Intensity Conflict.

18 ‘‘(c) UNIFORM DOD PROCEDURES.—(1) The Secretary

19 of Defense shall prescribe procedures, to apply uniformly

20 throughout the Department of Defense, for—

21 ‘‘(A) the determination of the status of persons

22 described in subsection (e); and

23 ‘‘(B) for the systematic, comprehensive, and

24 timely collection, analysis, review, dissemination, and
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1 periodic update of information related to such per2 sons.

3 ‘‘(2) Such procedures may provide for the delegation

4 by the Secretary of Defense of any responsibility of the Sec5 retary under this chapter to the Secretary of a military de6 partment.

7 ‘‘(3) Such procedures shall be prescribed in a single

8 directive applicable to all elements of the Department of De9 fense, other than the elements carrying out activities relat10 ing to search and rescue.

11 ‘‘(4) As part of such procedures, the Secretary may

12 provide for the extension, on a case by-case basis, of any

13 time limit specified in section 1503 or 1504 of this title.

14 Any such extension may not be for a period in excess of

15 the period with respect to which the extension is provided.

16 Subsequent extensions may be provided on the same basis.

17 ‘‘(d) COAST GUARD.—(1) The Secretary of Transpor18 tation shall designate an officer of the Department of

19 Transportation to have responsibility within the Depart20 ment of Transportation for matters relating to missing per21 sons who are Coast Guard personnel.

22 ‘‘(2) The Secretary of Transportation shall prescribe

23 procedures for the determination of the status of persons de24 scribed in subsection (e) who are personnel of the Coast

25 Guard and for the collection, analysis, review, and update
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1 of information on such persons. To the maximum extent

2 practicable, the procedures prescribed under this paragraph

3 shall be similar to the procedures prescribed by the Sec4 retary of Defense under subsection (c).

5 ‘‘(e) COVERED PERSONS.—Section 1502 of this title

6 applies in the case of any member of the armed forces on

7 active duty who becomes involuntarily absent as a result

8 of a hostile action, or under circumstances suggesting that

9 the involuntary absence is a result of a hostile action, and

10 whose status is undetermined or who is unaccounted for.

11 ‘‘(f) PRIMARY NEXT OF KIN.—The individual who is

12 primary next of kin of any person prescribed in subsection

13 (e) may for purposes of this chapter designate another indi14 vidual to act on behalf of that individual as primary next

15 of kin. The Secretary concerned shall treat an individual

16 so designated as if the individual designated were the pri17 mary next of kin for purposes of this chapter. A designation

18 under this subsection may be revoked at any time by the

19 person who made the designation.

20 ‘‘(g) TERMINATION OF APPLICABILITY OF PROCE21 DURES WHEN MISSING PERSON IS ACCOUNTED FOR.—The

22 provisions of this chapter relating to boards of inquiry and

23 to the actions by the Secretary concerned on the reports of

24 those boards shall cease to apply in the case of a missing
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1 person upon the person becoming accounted for or otherwise

2 being determined to be in a status other than missing.

3 ‘‘§ 1502. Missing persons: initial report

4 ‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA5 TION BY COMMANDER.—After receiving information that

6 the whereabouts or status of a person described in section

7 1501(e) of this title is uncertain and that the absence of

8 the person may be involuntary, the commander of the unit,

9 facility, or area to or in which the person is assigned shall

10 make a preliminary assessment of the circumstances. If, as

11 a result of that assessment, the commander concludes that

12 the person is missing, the commander shall—

13 ‘‘(1) recommend that the person be placed in a

14 missing status; and

15 ‘‘(2) transmit that recommendation to the Sec16 retary of Defense or the Secretary having jurisdiction

17 over the missing person in accordance with proce18 dures prescribed under section 1501 of this title.

19 ‘‘(b) FORWARDING OF RECORDS.—The commander

20 making the initial assessment shall (in accordance with

21 procedures prescribed under section 1501 of this title) safe22 guard and forward for official use any information relating

23 to the whereabouts or status of a missing person that result

24 from the preliminary assessment or from actions taken to

25 locate the person.
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1 ‘‘§ 1503. Actions of Secretary concerned; initial board

2 inquiry

3 ‘‘(a) DETERMINATION BY SECRETARY.—(1) Upon re4 ceiving a recommendation on the status of a person under

5 section 1502(a)(2) of this title, the Secretary receiving the

6 recommendation shall review the recommendation.

7 ‘‘(2) After reviewing the recommendation on the status

8 of a person, the Secretary shall—

9 ‘‘(A) make a determination whether the person

10 shall be declared missing; or

11 ‘‘(B) if the Secretary determines that a status

12 other than missing may be warranted for the person,

13 appoint a board under this section to carry out an

14 inquiry into the whereabouts or status of the person.

15 ‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISSING

16 PERSON.—If it appears to the Secretary who appoints a

17 board under this section that the absence or missing status

18 of two or more persons is factually related, the Secretary

19 may appoint a single board under this section to conduct

20 the inquiry into the whereabouts or status of such persons.

21 ‘‘(c) COMPOSITION.—(1) A board appointed under this

22 section to inquire into the whereabouts or status of a person

23 shall consist of at least one military officer who has experi24 ence with and understanding of military operations or ac25 tivities similar to the operation or activity in which the

26 person disappeared.
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1 ‘‘(2) An individual may be appointed as a member

2 of a board under this section only if the individual has a

3 security clearance that affords the individual access to all

4 information relating to the whereabouts and status of the

5 missing persons covered by the inquiry.

6 ‘‘(3) The Secretary who appoints a board under this

7 subsection shall, for purposes of providing legal counsel to

8 the board, assign to the board a judge advocate, or appoint

9 to the board an attorney, who has expertise in the law relat10 ing to missing persons, the determination of death of such

11 persons, and the rights of family members and dependents

12 of such persons.

13 ‘‘(d) DUTIES OF BOARD.—A board appointed to con14 duct an inquiry into the whereabouts or status of a missing

15 person under this section shall—

16 ‘‘(1) collect, develop, and investigate all facts and

17 evidence relating to the disappearance, whereabouts,

18 or status of the person;

19 ‘‘(2) collect appropriate documentation of the

20 facts and evidence covered by the investigation;

21 ‘‘(3) analyze the facts and evidence, make find22 ings based on that analysis, and draw conclusions as

23 to the current whereabouts and status of the person;

24 and
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1 ‘‘(4) with respect to each person covered by the

2 inquiry, recommend to the Secretary who appointed

3 the board that—

4 ‘‘(A) the person be placed in a missing sta5 tus; or

6 ‘‘(B) the person be declared to have deserted,

7 to be absent without leave, or to be dead.

8 ‘‘(e) BOARD PROCEEDINGS.—During the proceedings

9 of an inquiry under this section, a board shall—

10 ‘‘(1) collect, record, and safeguard all facts, docu11 ments, statements, photographs, tapes, messages,

12 maps, sketches, reports, and other information (wheth13 er classified or unclassified) relating to the where14 abouts or status of each person covered by the in15 quiry;

16 ‘‘(2) gather information relating to actions taken

17 to find the person, including any evidence of the

18 whereabouts or status of the person arising from such

19 actions; and

20 ‘‘(3) maintain a record of its proceedings.

21 ‘‘(f) ACCESS TO PROCEEDINGS.—The proceedings of a

22 board during an inquiry under this section shall be closed

23 to the public (including, with respect to the person covered

24 by the inquiry, the primary next of kin, other members of
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1 the immediate family, and any other previously designated

2 person of the person).

3 ‘‘(g) RECOMMENDATION ON STATUS OF MISSING PER4 SONS.—(1) Upon completion of its inquiry, a board ap5 pointed under this section shall make a recommendation to

6 the Secretary who appointed the board as to the appropriate

7 determination of the current whereabouts or status of each

8 person whose whereabouts and status were covered by the

9 inquiry.

10 ‘‘(2)(A) A board may not recommend under paragraph

11 (1) that a person be declared dead unless the board deter12 mines that the evidence before it established conclusive proof

13 of the death of the person.

14 ‘‘(B) In this paragraph, the term ‘conclusive proof of

15 death’ means credible evidence establishing that death is the

16 only credible explanation for the absence of the person.

17 ‘‘(h) REPORT.—(1) A board appointed under this sec18 tion shall submit to the Secretary who appointed the board

19 a report on the inquiry carried out by the board. The report

20 shall include—

21 ‘‘(A) a discussion of the facts and evidence con22 sidered by the board in the inquiry;

23 ‘‘(B) the recommendation of the board under sub24 section (g) with respect to each person covered by the

25 report; and
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1 ‘‘(C) disclosure of whether classified documents

2 and information were reviewed by the board or were

3 otherwise used by the board in forming recommenda4 tions under subparagraph (B).

5 ‘‘(2) A board shall submit a report under this sub6 section with respect to the inquiry carried out by the board

7 not later than 30 days after the date of the appointment

8 of the board to carry out the inquiry.

9 ‘‘(3) A report submitted under this subsection with re10 spect to a missing person may not be made public until

11 one year after the date on which the report is submitted,

12 and not without the approval of the primary next of kin

13 of the person.

14 ‘‘(i) DETERMINATION BY SECRETARY.—(1) Not later

15 than 30 days after the receipt of a report from a board

16 under subsection (j), the Secretary receiving the report shall

17 review the report.

18 ‘‘(2) In reviewing a report under paragraph (1) the

19 Secretary shall determine whether or not the report is com20 plete and free of administrative error. If the Secretary de21 termines that the report is incomplete, or that the report

22 is not free of administrative error, the Secretary may return

23 the report to the board for further action on the report by

24 the board.
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1 ‘‘(3) Upon a determination by the Secretary that a

2 report reviewed under this subsection is complete and free

3 of administrative error, the Secretary shall make a deter4 mination concerning the status of each person covered by

5 the report, including whether the person shall—

6 ‘‘(A) be declared missing;

7 ‘‘(B) be declared to have deserted;

8 ‘‘(C) be declared to be absent without leave; or

9 ‘‘(D) be declared to be dead.

10 ‘‘(j) REPORT TO FAMILY MEMBERS AND OTHER IN11 TERESTED PERSONS.—Not later than 30 days after the date

12 on which the Secretary concerned makes a determination

13 of the status of a person under subsection (a)(2) or (i), the

14 Secretary shall take reasonable actions to—

15 ‘‘(1) provide to the primary next of kin, the other

16 members of the immediate family, and any other pre17 viously designated person of the person—

18 ‘‘(A) an unclassified summary of the unit

19 commander’s report with respect to the person

20 under section 1502(a) of this title; and

21 ‘‘(B) if a board was appointed to carry out

22 an inquiry into the person under this section,

23 the report of the board (including the names of

24 the members of the board) under subsection (h);

25 and
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1 ‘‘(2) inform each individual referred to in para2 graph (1) that the United States will conduct a subse3 quent inquiry into the whereabouts or status of the

4 person on or about one year after the date of the first

5 official notice of the disappearance of the person, un6 less information becomes available sooner that may

7 result in a change in status of the person.

8 ‘‘(k) TREATMENT OF DETERMINATION.—Any deter9 mination of the status of a missing person under subsection

10 (a)(2) or (i) shall be treated as the determination of the

11 status of the person by all departments and agencies of the

12 United States.

13 ‘‘§ 1504. Subsequent board of inquiry

14 ‘‘(a) ADDITIONAL BOARD.—If information that may

15 result in a change of status of a person covered by a deter16 mination under subsection (a)(2) or (i) of section 1503 of

17 this title becomes available within one year after the date

18 of the transmission of a report with respect to the person

19 under section 1502(a)(2) of this title, the Secretary con20 cerned shall appoint a board under this section to conduct

21 an inquiry into the information.

22 ‘‘(b) DATE OF APPOINTMENT.—The Secretary con23 cerned shall appoint a board under this section to conduct

24 an inquiry into the whereabouts and status of a missing

25 person on or about one year after the date of the trans-
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1 mission of a report concerning the person under section

2 1502(a)(2) of this title.

3 ‘‘(c) COMBINED INQUIRIES.—If it appears to the Sec4 retary concerned that the absence or status of two or more

5 persons is factually related, the Secretary may appoint one

6 board under this section to conduct the inquiry into the

7 whereabouts or status of such persons.

8 ‘‘(d) COMPOSITION.—(1) Subject to paragraphs (2)

9 and (3), a board appointed under this section shall consist

10 of not less than three officers having the grade of major or

11 lieutenant commander or above.

12 ‘‘(2) The Secretary concerned shall designate one mem13 ber of a board appointed under this section as president

14 of the board. The president of the board shall have a security

15 clearance that affords the president access to all information

16 relating to the whereabouts and status of each person cov17 ered by the inquiry.

18 ‘‘(3) One member of each board appointed under this

19 subsection shall be an individual who—

20 ‘‘(A) has a occupational specialty similar to that

21 of one or more of the persons covered by the inquiry;

22 and

23 ‘‘(B) has an understanding of and expertise in

24 the type of official activities that one or more such
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1 persons were engaged in at the time such person or

2 persons disappeared.

3 ‘‘(4) The Secretary who appoints a board under this

4 subsection shall, for purposes of providing legal counsel to

5 the board, assign to the board a judge advocate, or appoint

6 to the board an attorney, who has expertise in the law relat7 ing to missing persons, the determination of death of such

8 persons, and the rights of family members and dependents

9 of such persons.

10 ‘‘(e) DUTIES OF BOARD.—A board appointed under

11 this section to conduct an inquiry into the whereabouts or

12 status of a person shall—

13 ‘‘(1) review the report with respect to the person

14 transmitted under section 1502(a)(2) of this title, and

15 the report, if any, submitted under subsection (h) of

16 section 1503 of this title by the board appointed to

17 conduct inquiry into the status of the person under

18 such section 1503;

19 ‘‘(2) collect and evaluate any document, fact, or

20 other evidence with respect to the whereabouts or sta21 tus of the person that has become available since the

22 determination of the status of the person under sec23 tion 1503 of this title;

24 ‘‘(3) draw conclusions as to the whereabouts or

25 status of the person;
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1 ‘‘(4) determine on the basis of the activities

2 under paragraphs (1) and (2) whether the status of

3 the person should be continued or changed; and

4 ‘‘(5) submit to the Secretary concerned a report

5 describing the findings and conclusions of the board,

6 together with a recommendation for a determination

7 by the Secretary concerning the whereabouts or status

8 of the person.

9 ‘‘(f) ATTENDANCE OF FAMILY MEMBERS AND CERTAIN

10 OTHER INTERESTED PERSONS AT PROCEEDINGS.—(1)

11 With respect to any person covered by a inquiry under this

12 section, the primary next of kin, other members of the im13 mediate family, and any other previously designated person

14 of the person may attend the proceedings of the board dur15 ing the inquiry.

16 ‘‘(2) The Secretary concerned shall take reasonable ac17 tions to notify each individual referred to in paragraph (1)

18 of the opportunity to attend the proceedings of a board.

19 Such notice shall be provided not less than 60 days before

20 the first meeting of the board.

21 ‘‘(3) An individual who receives notice under para22 graph (2) shall notify the Secretary of the intent, if any,

23 of that individual to attend the proceedings of the board

24 not later than 21 days after the date on which the individ25 ual receives the notice.
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1 ‘‘(4) Each individual who notifies the Secretary under

2 paragraph (3) of the individual’s intent to attend the pro3 ceedings of the board—

4 ‘‘(A) in the case of a individual who is the pri5 mary next of kin or other member of the immediate

6 family of a missing person whose status is a subject

7 of the inquiry and whose receipt of the pay or allow8 ances (including allotments) of the person could be re9 duced or terminated as a result of a revision in the

10 status of the person, may attend the proceedings of the

11 board with private counsel;

12 ‘‘(B) shall have access to the personnel file of the

13 missing person, to unclassified reports, if any, of the

14 board appointed under section 1503 of this title to

15 conduct the inquiry into the whereabouts and status

16 of the person, and to any other unclassified informa17 tion or documents relating to the whereabouts and

18 status of the person;

19 ‘‘(C) shall be afforded the opportunity to present

20 information at the proceedings of the board that such

21 individual considers to be relevant to those proceed22 ings; and

23 ‘‘(D) subject to paragraph (5), shall be given the

24 opportunity to submit in writing an objection to any
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1 recommendation of the board under subsection (h) as

2 to the status of the missing person.

3 ‘‘(5)(A) Individuals who wish to file objections under

4 paragraph (4)(D) to any recommendation of the board

5 shall—

6 ‘‘(i) submit a letter of intent to the president of

7 the board not later than 2 days after the date on

8 which the recommendations are made; and

9 ‘‘(ii) submit to the president of the board the ob10 jections in writing not later than 15 days after the

11 date on which the recommendations are made.

12 ‘‘(B) The president of a board shall include any objec13 tions to a recommendation of the board that are submitted

14 to the president of the board under subparagraph (A) in

15 the report of the board containing the recommendation

16 under subsection (h).

17 ‘‘(6) An individual referred to in paragraph (1) who

18 attends the proceedings of a board under this subsection

19 shall not be entitled to reimbursement by the United States

20 for any costs (including travel, lodging, meals, local trans21 portation, legal fees, transcription costs, witness expenses,

22 and other expenses) incurred by that individual in attend23 ing such proceedings.

24 ‘‘(g) AVAILABILITY OF INFORMATION TO BOARDS.—(1)

25 In conducting proceedings in an inquiry under this section,
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1 a board may secure directly from any department or agency

2 of the United States any information that the board consid3 ers necessary in order to conduct the proceedings.

4 ‘‘(2) Upon written request from the president of a

5 board, the head of a department or agency of the United

6 States shall release information covered by the request to

7 the board. In releasing such information, the head of the

8 department or agency shall—

9 ‘‘(A) declassify to an appropriate degree classi10 fied information; or

11 ‘‘(B) release the information in a manner not re12 quiring the removal of markings indicating the classi13 fied nature of the information.

14 ‘‘(3)(A) If a request for information under paragraph

15 (2) covers classified information that cannot be declassified,

16 cannot be removed before release from the information cov17 ered by the request, or cannot be summarized in a manner

18 that prevents the release of classified information, the classi19 fied information shall be made available only to the presi20 dent of the board making the request.

21 ‘‘(B) The president of a board shall close to persons

22 who do not have appropriate security clearances the pro23 ceeding of the board at which classified information is dis24 cussed. Participants at a proceeding of a board at which

25 classified information is discussed shall comply with all ap-
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1 plicable laws and regulations relating to the disclosure of

2 classified information. The Secretary concerned shall assist

3 the president of a board in ensuring that classified informa4 tion is not compromised through board proceedings.

5 ‘‘(h) RECOMMENDATION ON STATUS.—(1) Upon com6 pletion of an inquiry under this subsection, a board shall

7 make a recommendation as to the current whereabouts or

8 status of each missing person covered by the inquiry.

9 ‘‘(2) A board may not recommend under paragraph

10 (1) that a person be declared dead unless—

11 ‘‘(A) proof of death is established by the board;

12 or

13 ‘‘(B) in making the recommendation, the board

14 complies with section 1507 of this title.

15 ‘‘(i) REPORT.—A board appointed under this section

16 shall submit to the Secretary concerned a report on the in17 quiry carried out by the board, together with the evidence

18 considered by the board during the inquiry. The report may

19 include a classified annex.

20 ‘‘(j) ACTIONS BY SECRETARY CONCERNED.—(1) Not

21 later than 30 days after the receipt of a report from a board

22 under subsection (i), the Secretary shall review—

23 ‘‘(A) the report; and
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1 ‘‘(B) the objections, if any, to the report submit2 ted to the president of the board under subsection

3 (f)(5).

4 ‘‘(2) In reviewing a report under paragraph (1) (in5 cluding the objections described in subparagraph (B) of that

6 paragraph), the Secretary concerned shall determine wheth7 er or not the report is complete and free of administrative

8 error. If the Secretary determines that the report is incom9 plete, or that the report is not free of administrative error,

10 the Secretary may return the report to the board for further

11 action on the report by the board.

12 ‘‘(3) Upon a determination by the Secretary that a

13 report reviewed under this subsection is complete and free

14 of administrative error, the Secretary shall make a deter15 mination concerning the status of each person covered by

16 the report.

17 ‘‘(k) REPORT TO FAMILY MEMBERS AND OTHER IN18 TERESTED PERSONS.—Not later than 60 days after the date

19 on which the Secretary concerned makes a determination

20 with respect to a missing person under subsection (j), the

21 Secretary shall—

22 ‘‘(1) provide an unclassified summary of the re23 port reviewed by the Secretary in making the deter24 mination to the primary next of kin, the other mem-
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1 bers of the immediate family, and any other pre2 viously designated person of the person; and

3 ‘‘(2) in the case of a person who continues to be

4 in a missing status, inform each individual referred

5 to in paragraph (1) that the United States will con6 duct subsequent inquiries into the whereabouts or sta7 tus of the person upon obtaining credible information

8 that may result in a change in the status of the per9 son.

10 ‘‘(l) TREATMENT OF DETERMINATION.—Any deter11 mination of the status of a missing person under subsection

12 (j) shall supersede the determination of the status of the per13 son under section 1503 of this title and shall be treated as

14 the determination of the status of the person by all depart15 ments and agencies of the United States.

16 ‘‘§ 1505. Further review

17 ‘‘(a) SUBSEQUENT REVIEW.—(1) The Secretary con18 cerned shall conduct subsequent inquiries into the where19 abouts or status of any person determined by the Secretary

20 under section 1504 of this title to be in a missing status.

21 ‘‘(2) The Secretary concerned shall appoint a board

22 to conduct an inquiry with respect to a person under this

23 subsection upon obtaining credible information that may

24 result in a change of status of the person.
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1 ‘‘(b) CONDUCT OF PROCEEDINGS.—The appointment

2 of, and activities before, a board appointed under this sec3 tion shall be governed by the provisions of section 1504 of

4 this title with respect to a board appointed under that sec5 tion.

6 ‘‘§ 1506. Personnel files

7 ‘‘(a) INFORMATION IN FILES.—Except as provided in

8 subsections (b), (c), and (d), the Secretary of the department

9 having jurisdiction over a missing person at the time of

10 the person’s disappearance shall, to the maximum extent

11 practicable, ensure that the personnel file of the person con12 tains all information in the possession of the United States

13 relating to the disappearance and whereabouts or status of

14 the person.

15 ‘‘(b) CLASSIFIED INFORMATION.—(1) The Secretary

16 concerned may withhold classified information from a per17 sonnel file under this section.

18 ‘‘(2) If the Secretary concerned withholds classified in19 formation from a personnel file, the Secretary shall ensure

20 that the file contains the following:

21 ‘‘(A) A notice that the withheld information ex22 ists.

23 ‘‘(B) A notice of the date of the most recent re24 view of the classification of the withheld information.
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1 ‘‘(c) PROTECTION OF PRIVACY.—The Secretary con2 cerned shall maintain personnel files under this section,

3 and shall permit disclosure of or access to such files, in ac4 cordance with the provisions of section 552a of title 5 and

5 with other applicable laws and regulations pertaining to

6 the privacy of the persons covered by the files.

7 ‘‘(d) PRIVILEGED INFORMATION.—The Secretary con8 cerned shall withhold reports obtained as privileged infor9 mation from the personnel files under this section. If the

10 Secretary withholds a report from a personnel file under

11 this subsection, the Secretary shall ensure that the file con12 tains a notice that the withheld information exists.

13 ‘‘(e) WRONGFUL WITHHOLDING.—Except as otherwise

14 provided by law, any person who knowingly and willfully

15 withholds from the personnel file of a missing person any

16 information relating to the disappearance or whereabouts

17 or status of a missing person shall be fined as provided in

18 title 18 or imprisoned not more than one year, or both.

19 ‘‘(f) AVAILABILITY OF INFORMATION.—The Secretary

20 concerned shall, upon request, make available the contents

21 of the personnel file of a missing person to the primary

22 next of kin, the other members of the immediate family, or

23 any other previously designated person of the person.
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1 ‘‘§ 1507. Recommendation of status of death

2 ‘‘(a) REQUIREMENTS RELATING TO RECOMMENDA3 TION.—A board appointed under section 1504 or 1505 of

4 this title may not recommend that a person be declared

5 dead unless—

6 ‘‘(1) credible evidence exists to suggest that the

7 person is dead;

8 ‘‘(2) the United States possesses no credible evi9 dence that suggests that the person is alive;

10 ‘‘(3) representatives of the United States have

11 made a complete search of the area where the person

12 was last seen (unless, after making a good faith effort

13 to obtain access to such area, such representatives are

14 not granted such access); and

15 ‘‘(4) representatives of the United States have ex16 amined the records of the government or entity having

17 control over the area where the person was last seen

18 (unless, after making a good faith effort to obtain ac19 cess to such records, such representatives are not

20 granted such access).

21 ‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.—If a

22 board appointed under section 1504 or 1505 of this title

23 makes a recommendation that a missing person be declared

24 dead, the board shall, to the maximum extent practicable,

25 include in the report of the board with respect to the person

26 under such section the following:
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1 ‘‘(1) A detailed description of the location where

2 the death occurred.

3 ‘‘(2) A statement of the date on which the death

4 occurred.

5 ‘‘(3) A description of the location of the body, if

6 recovered.

7 ‘‘(4) If the body has been recovered and is not

8 identifiable through visual means, a certification by

9 a practitioner of an appropriate forensic science that

10 the body recovered is that of the missing person.

11 ‘‘§ 1508. Return alive of person declared missing or

12 dead

13 ‘‘(a) PAY AND ALLOWANCES.—Any person (except for

14 a person subsequently determined to have been absent with15 out leave or a deserter) in a missing status or declared dead

16 under the Missing Persons Act of 1942 (56 Stat. 143) or

17 chapter 10 of title 37 or by a board appointed under this

18 chapter who is found alive and returned to the control of

19 the United States shall be paid for the full time of the ab20 sence of the person while given that status or declared dead

21 under the law and regulations relating to the pay and al22 lowances of persons returning from a missing status.

23 ‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF

24 STATUS.—Subsection (a) shall not be interpreted to invali25 date or otherwise affect the receipt by any person of a death
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1 gratuity or other payment from the United States on behalf

2 of a person referred to in subsection (a) before the date of

3 the enactment of this chapter.

4 ‘‘§ 1509. Effect on State law

5 ‘‘Nothing in this chapter shall be construed to invali6 date or limit the power of any State court or administrative

7 entity, or the power of any court or administrative entity

8 of any political subdivision thereof, to find or declare a per9 son dead for purposes of such State or political subdivision.

10 ‘‘§ 1510. Definitions

11 ‘‘In this chapter:

12 ‘‘(1) The term ‘missing person’ means a member

13 of the armed forces on active duty who is in a miss14 ing status.

15 ‘‘(2) The term ‘missing status’ means the status

16 of a missing person who is determined to be absent

17 in a category of—

18 ‘‘(A) missing;

19 ‘‘(B) missing in action;

20 ‘‘(C) interned in a foreign country;

21 ‘‘(D) captured;

22 ‘‘(E) beleaguered;

23 ‘‘(F) besieged; or

24 ‘‘(G) detained.
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1 ‘‘(3) The term ‘accounted for’, with respect to a

2 person in a missing status, means that—

3 ‘‘(A) the person is returned to United States

4 control alive;

5 ‘‘(B) the remains of the person are identi6 fied by competent authority; or

7 ‘‘(C) credible evidence exists to support an8 other determination of the person’s status.

9 ‘‘(4) The term ‘primary next of kin’, in the case

10 of a missing person, means the individual authorized

11 to direct disposition of the remains of the person

12 under section 1482(c) of this title.

13 ‘‘(5) The term ‘member of the immediate family’,

14 in the case of a missing person, means the following:

15 ‘‘(A) The spouse of the person.

16 ‘‘(B) A natural child, adopted child, step

17 child, or illegitimate child (if acknowledged by

18 the person or parenthood has been established by

19 a court of competent jurisdiction) of the person,

20 except that if such child has not attained the age

21 of 18 years, the term means a surviving parent

22 or legal guardian of such child.

23 ‘‘(C) A biological parent of the person, un24 less legal custody of the person by the parent has
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1 been previously terminated by reason of a court

2 decree or otherwise under law and not restored.

3 ‘‘(D) A brother or sister of the person, if

4 such brother or sister has attained the age of 18

5 years.

6 ‘‘(E) Any other blood relative or adoptive

7 relative of the person, if such relative was given

8 sole legal custody of the person by a court decree

9 or otherwise under law before the person attained

10 the age of 18 years and such custody was not

11 subsequently terminated before that time.

12 ‘‘(6) The term ‘previously designated person’, in

13 the case of a missing person, means an individual

14 designated by the person under section 655 of this

15 title for purposes of this chapter.

16 ‘‘(7) The term ‘classified information’ means any

17 information determined as such under applicable

18 laws and regulations of the United States.

19 ‘‘(8) The term ‘State’ includes the District of Co20 lumbia, the Commonwealth of Puerto Rico, and any

21 territory or possession of the United States.

22 ‘‘(9) The term ‘Secretary concerned’ includes the

23 Secretary of Transportation with respect to the Coast

24 Guard when it is not operating as a service in the

25 Department of the Navy.
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1 ‘‘(10) The term ‘armed forces’ includes Coast

2 Guard personnel operating in conjunction with, in

3 support of, or under the command of a unified com4 batant command (as that term is used in section 6

5 of this title).’’.

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

7 A, and at the beginning of part II of subtitle A, of title

8 10, United States Code, are amended by inserting after the

9 item relating to chapter 75 the following new item:

‘‘76. Missing Persons ....................................................................................... 1501’’.

10 (c) CONFORMING AMENDMENTS.—Chapter 10 of title

11 37, United States Code, is amended as follows:

12 (1) Section 555 is amended—

13 (A) in subsection (a), by striking out ‘‘when

14 a member’’ and inserting in lieu thereof ‘‘except

15 as provided in subsection (d), when a member’’;

16 and

17 (B) by adding at the end the following new

18 subsection:

19 ‘‘(d) This section does not apply in a case to which

20 section 1502 of title 10 applies.’’.

21 (2) Section 552 is amended—

22 (A) in subsection (a), by striking out ‘‘for

23 all purposes,’’ in the second sentence of the mat24 ter following paragraph (2) and all that follows
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1 through the end of the sentence and inserting in

2 lieu thereof ‘‘for all purposes.’’;

3 (B) in subsection (b), by inserting ‘‘or

4 under chapter 76 of title 10’’ before the period at

5 the end; and

6 (C) in subsection (e), by inserting ‘‘or under

7 chapter 76 of title 10’’ after ‘‘section 555 of this

8 title’’ after ‘‘section 555 of this title’’.

9 (3) Section 553 is amended—

10 (A) in subsection (f), by striking out ‘‘the

11 date the Secretary concerned receives evidence

12 that’’ and inserting in lieu thereof ‘‘the date on

13 which, in a case covered by section 555 of this

14 title, the Secretary concerned receives evidence,

15 or, in a case covered by chapter 76 of title 10,

16 the Secretary concerned determines pursuant to

17 that chapter that’’; and

18 (B) in subsection (g), by inserting ‘‘or

19 under chapter 76 of title 10’’ after section 555 of

20 this title’’.

21 (4) Section 556 is amended—

22 (A) in subsection (a), by inserting after

23 paragraph (7) the following: ‘‘Paragraphs (1),

24 (5), (6), and (7) shall only apply with respect to

25 a case to which section 555 of this title applies.’’;
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1 (B) in subsection (b), by inserting ‘‘, in a

2 case to which section 555 of this title applies,’’

3 after ‘‘When the Secretary concerned’’; and

4 (C) In subsection (h)—

5 (i) in the first sentence, by striking out

6 ‘‘status’’ and inserting in lieu thereof

7 ‘‘pay’’; and

8 (ii) in the second sentence, by inserting

9 ‘‘in a case to which section 555 of this title

10 applies’’ after ‘‘under this section’’.

11 (d) DESIGNATION OF INDIVIDUALS HAVING INTEREST

12 IN STATUS OF SERVICE MEMBERS.—(1) Chapter 37 of title

13 10, United States Code, is amended by adding at the end

14 the following new section:

15 ‘‘§ 655. Designation of persons having interest in sta16 tus of a missing member

17 ‘‘(a) The Secretary concerned shall, upon the enlist18 ment or appointment of a person in the armed forces, re19 quire that the person specify in writing the person or per20 sons, if any, other than that person’s primary next of kin

21 or immediate family, to whom information on the where22 abouts or status of the member shall be provided if such

23 whereabouts or status are investigated under chapter 76 of

24 this title. The Secretary shall periodically, and whenever

25 the member is deployed as part of a contingency operation
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1 or in other circumstances specified by the Secretary, require

2 that such designation be reconfirmed, or modified, by the

3 member.

4 ‘‘(b) The Secretary concerned shall, upon the request

5 of a member, permit the member to revise the person or

6 persons specified by the member under subsection (a) at any

7 time. Any such revision shall be in writing.’’.

8 (2) The table of sections at the beginning of such chap9 ter is amended by adding at the end the following new item:

‘‘655. Designation of persons having interest in status of a missing member.’’.

10 (e) ACCOUNTING FOR CIVILIAN EMPLOYEE AND CON11 TRACTORS OF THE UNITED STATES.—(1) The Secretary of

12 State shall carry out a comprehensive study of the Missing

13 Persons Act of 1942 (56 Stat. 143), and any other laws

14 and regulations establishing procedures for the accounting

15 for of civilian employees of the United States or contractors

16 of the United States who serve with or accompany the

17 Armed Forces in the field. The purpose of the study is to

18 determine the means, if any, by which such procedures may

19 be improved.

20 (2) The Secretary of State shall carry out the study

21 required under paragraph (1) in consultation with the Sec22 retary of Defense, the Secretary of Transportation, the Di23 rector of Central Intelligence, and the heads of such other

24 departments and agencies of the Federal Government as the

25 President shall designate for that purpose.
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1 (3) In carrying out the study, the Secretary of State

2 shall examine the procedures undertaken when a civilian

3 employee referred to in paragraph (1) becomes involuntar4 ily absent as a result of a hostile action, or under cir5 cumstances suggesting that the involuntary absence is a re6 sult of a hostile action, and whose status is undetermined

7 or who is unaccounted for, including procedures for—

8 (A) search and rescue for the employee;

9 (B) determining the status of the employee;

10 (C) reviewing and changing the status of the em11 ployee;

12 (D) determining the rights and benefits accorded

13 to the family of the employee; and

14 (E) maintaining and providing appropriate ac15 cess to the records of the employee and the investiga16 tion into the status of the employee.

17 (4) Not later than one year after the date of the enact18 ment of this Act, the Secretary of State shall submit to the

19 Committee on Armed Services of the Senate and the Com20 mittee on National Security of the House of Representatives

21 a report on the study carried out by the Secretary under

22 this subsection. The report shall include the recommenda23 tions, if any, of the Secretary for legislation to improve the

24 procedures covered by the study.
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1 SEC. 552. SERVICE NOT CREDITABLE FOR PERIODS OF UN2 AVAILABILITY OR INCAPACITY DUE TO MIS3 CONDUCT.

4 (a) ENLISTED SERVICE CREDIT.—Section 972 of title

5 10, United States Code, is amended—

6 (1) by striking out paragraphs (3) and (4) and

7 inserting in lieu thereof the following:

8 ‘‘(3) is confined by military or civilian authori9 ties for more than one day in connection with a trial,

10 whether before, during, or after the trial; or’’; and

11 (2) by redesignating paragraph (5) paragraph

12 (4).

13 (b) OFFICER SERVICE CREDIT.—Chapter 49 of title

14 10, United States Code, is amended by inserting after sec15 tion 972 the following new section:

16 ‘‘§ 972a. Officers: service not creditable

17 ‘‘(a) IN GENERAL.—Except as provided in subsection

18 (b), an officer of an armed force may not receive credit for

19 service in the armed forces for any purpose for a period

20 for which the officer—

21 ‘‘(1) deserts;

22 ‘‘(2) is absent from the officer’s organization,

23 station, or duty for more than one day without prop24 er authority, as determined by competent authority;
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1 ‘‘(3) is confined by military or civilian authori2 ties for more than one day in connection with a trial,

3 whether before, during, or after the trial; or

4 ‘‘(4) is unable for more than one day, as deter5 mined by competent authority, to perform the officer’s

6 duties because of intemperate use of drugs or alcoholic

7 liquor, or because of disease or injury resulting from

8 the officer’s misconduct.

9 ‘‘(b) INAPPLICABILITY TO COMPUTATION OF BASIC

10 PAY.—Subsection (a) does not apply to a determination of

11 the amount of basic pay of the officer under section 205

12 of title 37.’’.

13 (c) ARMY COMPUTATION OF YEARS OF SERVICE.—Sec14 tion 3926 of title 10, United States Code, is amended by

15 adding at the end the following new subsection:

16 ‘‘(e) A period for which service credit is denied under

17 section 972a(a) of this title may not be counted for purposes

18 of computing years of service under this section.’’.

19 (d) NAVY COMPUTATION OF YEARS OF SERVICE.—

20 Chapter 571 of title 10, United States Code, is amended

21 by inserting after section 6327 the following new section:

22 ‘‘§ 6328. Computation of years of service: service not

23 creditable

24 ‘‘(a) ENLISTED MEMBERS.—Years of service computed

25 under this chapter may not include a period of unavail-
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1 ability or incapacity to perform duties that is required

2 under section 972 of this title to be made up by performance

3 of service for an additional period.

4 ‘‘(b) OFFICERS.—A period for which service credit is

5 denied under section 972a(a) of this title may not be count6 ed for purposes of computing years of service under this

7 chapter.’’.

8 (e) AIR FORCE COMPUTATION OF YEARS OF SERV9 ICE.—Section 8926 of title 10, United States Code, is

10 amended by adding at the end the following new subsection:

11 ‘‘(d) A period for which service credit is denied under

12 section 972a(a) of this title may not be counted for purposes

13 of computing years of service under this section.’’.

14 (f) CLERICAL AMENDMENTS.—(1) The table of sections

15 at the beginning of chapter 49 of title 10, United States

16 Code, is amended by inserting after the item relating to

17 section 972 the following:

‘‘972a. Officers: service not creditable.’’.

18 (2) The table of sections at the beginning of chapter

19 571 of title 10, United States Code, is amended by inserting

20 after the item relating to section 6327 the following new

21 item:

‘‘6328. Computation of years of service: service not creditable.’’.

22 (g) EFFECTIVE DATE AND APPLICABILITY.—The

23 amendments made by this section shall take effect on Octo24 ber 1, 1995, and shall apply to occurrences on or after that
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1 date of unavailability or incapacity to perform duties as

2 described in section 972 or 972a of title 10, United States

3 Code, as the case may be.

4 SEC. 553. SEPARATION IN CASES INVOLVING EXTENDED

5 CONFINEMENT.

6 (a) SEPARATION.—(1)(A) Chapter 59 of title 10, Unit7 ed States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 1178. Persons under confinement for one year or

10 more

11 ‘‘Except as otherwise provided in regulations pre12 scribed by the Secretary of Defense, a person sentenced by

13 a court-martial to a period of confinement for one year or

14 more may be separated from the person’s armed force at

15 any time after the sentence to confinement has become final

16 under chapter 47 of this title and the person has served

17 in confinement for a period of one year.’’.

18 (B) The table of sections at the beginning of chapter

19 59 of such title is amended by inserting at the end thereof

20 the following new item:

‘‘1178. Persons under confinement for one year or more.’’.

21 (2)(A) Chapter 1221 of title 10, United States Code,

22 is amended by adding at the end the following:
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1 ‘‘§ 12687. Persons under confinement for one year or

2 more

3 ‘‘Except as otherwise provided in regulations pre4 scribed by the Secretary of Defense, a Reserve sentenced by

5 a court-martial to a period of confinement for one year or

6 more may be separated from the person’s armed force at

7 any time after the sentence to confinement has become final

8 under chapter 47 of this title and the person has served

9 in confinement for a period of one year.’’.

10 (B) The table of sections at the beginning of chapter

11 1221 of such title is amended by inserting at the end thereof

12 the following new item:

‘‘12687. Persons under confinement for one year or more.’’.

13 (b) DROP FROM ROLLS.—(1) Section 1161(b) of title

14 10, United States Code, is amended by striking out ‘‘or (2)’’

15 and inserting in lieu thereof ‘‘(2) who may be separated

16 under section 1178 of this title by reason of a sentence to

17 confinement adjudged by a court-martial, or (3)’’.

18 (2) Section 12684 of such title is amended—

19 (A) by striking out ‘‘or’’ at the end of paragraph

20 (1);

21 (B) by redesignating paragraph (2) as para22 graph (3); and

23 (C) by inserting after paragraph (1) the follow24 ing new paragraph (2):
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1 ‘‘(2) who may be separated under section 12687

2 of this title by reason of a sentence to confinement ad3 judged by a court-martial; or’’.

4 SEC. 554. DURATION OF FIELD TRAINING OR PRACTICE

5 CRUISE REQUIRED UNDER THE SENIOR RE6 SERVE OFFICERS’ TRAINING CORPS PRO7 GRAM.

8 Section 2104(b)(6)(A)(ii) of title 10, United States

9 Code, is amended by striking out ‘‘not less than six weeks’

10 duration’’ and inserting in lieu thereof ‘‘a duration’’.

11 SEC. 555. CORRECTION OF MILITARY RECORDS.

12 (a) REVIEW OF PROCEDURES.—The Secretary of each

13 military department shall review the system and procedures

14 used by the Secretary in the exercise of authority under sec15 tion 1552 of title 10, United States Code, in order to iden16 tify potential improvements that could be made in the proc17 ess for correcting military records to ensure fairness, equity,

18 and, consistent with appropriate service to applicants,

19 maximum efficiency.

20 (b) ISSUES REVIEWED.—In conducting the review, the

21 Secretary shall consider the following issues:

22 (1) The composition of the board for correction

23 of military records and of the support staff for the

24 board.

25 (2) Timeliness of final action.
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1 (3) Independence of deliberations by the civilian

2 board for the correction of military records.

3 (4) The authority of the Secretary to modify the

4 recommendations of the board.

5 (5) Burden of proof and other evidentiary stand6 ards.

7 (6) Alternative methods for correcting military

8 records.

9 (c) REPORT.—(1) Not later than April 1, 1996, the

10 Secretary of each military department shall submit a report

11 on the results of the Secretary’s review under this section

12 to the Secretary of Defense. The report shall contain the

13 recommendations of the Secretary of the military depart14 ment for improving the process for correcting military

15 records in order to achieve the objectives referred to in sub16 section (a).

17 (2) The Secretary of Defense shall immediately trans18 mit a copy of the report to the Committee on Armed Serv19 ices of the Senate and the Committee on National Security

20 of the House of Representatives.

21 SEC. 556. LIMITATION ON REDUCTIONS IN MEDICAL PER22 SONNEL.

23 (a) LIMITATION ON REDUCTIONS.—Unless the Sec24 retary of Defense makes the certification described in sub25 section (b) for a fiscal year, the Secretary may not reduce
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1 the number of medical personnel of the Department of De2 fense—

3 (1) in fiscal year 1996, to a number that is less

4 than—

5 (A) 95 percent of the number of such per6 sonnel at the end of fiscal year 1994; or

7 (B) 90 percent of the number of such per8 sonnel at the end of fiscal year 1993; and

9 (2) in any fiscal year beginning after September

10 30, 1996, to a number that is less than—

11 (A) 95 percent of the number of such per12 sonnel at the end of the immediately preceding

13 fiscal year; or

14 (B) 90 percent of the number of such per15 sonnel at the end of the third fiscal year preced16 ing the fiscal year.

17 (b) CERTIFICATION.—The Secretary may make a re18 duction described in subsection (a) if the Secretary certifies

19 to Congress that—

20 (1) the number of medical personnel of the De21 partment that is being reduced is excess to the current

22 and projected needs of the military departments; and

23 (2) such reduction will not result in an increase

24 in the cost of health care services provided under the
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1 Civilian Health and Medical Program of the Uni2 formed Services.

3 (c) REPORT ON PLANNED REDUCTIONS.—Not later

4 than March 1, 1996, the Assistant Secretary of Defense hav5 ing responsibility for health affairs, in consultation with

6 Surgeon General of the Army, the Surgeon General of the

7 Navy, and the Surgeon General of the Air Force, shall sub8 mit to the congressional defense committees a plan for the

9 reduction of the number of medical personnel of the Depart10 ment of Defense over the 5-year period beginning on October

11 1, 1996.

12 (d) REPEAL OF OBSOLETE PROVISIONS OF LAW.—(1)

13 Section 711 of the National Defense Authorization Act for

14 Fiscal Year 1991 (10 U.S.C. 115 note) is repealed.

15 (2) Section 718 of the National Defense Authorization

16 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

17 105 Stat. 1404; 10 U.S.C. 115 note) is amended by striking

18 out subsection (b).

19 (3) Section 518 of the National Defense Authorization

20 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

21 2407) is repealed.

22 (e) DEFINITION.—For purposes of this section, the

23 term ‘‘medical personnel’’ has the meaning given such term

24 in section 115a(g)(2) of title 10, United States Code, except
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1 that such term includes civilian personnel of the Depart2 ment of Defense assigned to military medical facilities.

3 SEC. 557. REPEAL OF REQUIREMENT FOR ATHLETIC DIREC4 TOR AND NONAPPROPRIATED FUND AC5 COUNT FOR THE ATHLETICS PROGRAMS AT

6 THE SERVICE ACADEMIES.

7 (a) UNITED STATES MILITARY ACADEMY.—(1) Section

8 4357 of title 10, United States Code, is repealed.

9 (2) The table of sections at the beginning of chapter

10 403 of such title is amended by striking out the item relat11 ing to section 4357.

12 (b) UNITED STATES NAVAL ACADEMY.—Section 556 of

13 the National Defense Authorization Act for Fiscal Year

14 1995 (Public Law 103–337; 108 Stat. 2774) is amended

15 by striking out subsections (b), (d), and (e).

16 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Sec17 tion 9356 of title 10, United States Code, is repealed.

18 (2) The table of sections at the beginning of chapter

19 903 of such title is amended by striking out the item relat20 ing to section 9356.

21 SEC. 558. PROHIBITION ON USE OF FUNDS FOR SERVICE

22 ACADEMY PREPARATORY SCHOOL TEST PRO23 GRAM.

24 Notwithstanding any other provision of law, none of

25 the funds authorized to be appropriated by this Act, or oth-
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1 erwise made available, to the Department of Defense may

2 be obligated to carry out a test program for determining

3 the cost effectiveness of transferring to the private sector the

4 mission of operating one or more preparatory schools for

5 the United States Military Academy, the United States

6 Naval Academy, and the United States Air Force Academy.

7 SEC. 559. CENTRALIZED JUDICIAL REVIEW OF DEPART8 MENT OF DEFENSE PERSONNEL ACTIONS.

9 (a) ESTABLISHMENT.—The Secretary of Defense and

10 the Attorney General shall jointly establish an advisory

11 panel on centralized review of Department of Defense ad12 ministrative personnel actions.

13 (b) MEMBERSHIP.—(1) The panel shall be composed

14 of five members appointed as follows:

15 (A) One member appointed by the Chief Justice

16 of the United States.

17 (B) Three members appointed by the Secretary of

18 Defense.

19 (C) One member appointed by the Attorney Gen20 eral.

21 (2) The Secretary of Defense shall designate one of the

22 members appointed under paragraph (1)(B) to serve as

23 chairman of the panel.

24 (3) All members shall be appointed not later than 30

25 days after the date of the enactment of this Act.
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1 (4) The panel shall meet at the call of the chairman.

2 The panel shall hold its first meeting not later than 30 days

3 after the date on which all members have been appointed.

4 (c) DUTIES.—The panel shall review, and provide

5 findings and recommendations in accordance with sub6 section (d) regarding, the following matters:

7 (1) Whether the existing practices with regard to

8 judicial review of administrative personnel actions of

9 the Department of Defense are appropriate and ade10 quate.

11 (2) Whether a centralized judicial review of ad12 ministrative personnel actions should be established.

13 (3) Whether the United States Court of Appeals

14 for the Armed Forces should conduct such reviews.

15 (d) REPORT.—(1) Not later than December 15, 1996,

16 the panel shall submit a report on the findings and rec17 ommendations of the panel to the Secretary of Defense and

18 the Attorney General.

19 (2) Not later than January 1, 1997, the Secretary of

20 Defense and the Attorney General shall jointly transmit the

21 panel’s report to Congress. The Secretary and the Attorney

22 General may include in the transmittal any joint com23 ments on the report that they consider appropriate, and ei24 ther such official may include in the transmittal any sepa-
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1 rate comments on the report that such official considers ap2 propriate.

3 (e) TERMINATION OF PANEL.—The panel shall termi4 nate 30 days after the date of submission of the report to

5 the Secretary of Defense and the Attorney General under

6 subsection (d).

7 SEC. 560. DELAY IN REORGANIZATION OF ARMY ROTC RE8 GIONAL HEADQUARTERS STRUCTURE.

9 (a) DELAY.—The Secretary of the Army may not take

10 any action to reorganize the regional headquarters and

11 basic camp structure of the Reserve Officers Training Corps

12 program of the Army until six months after the date on

13 which the report required by subsection (d) is submitted.

14 (b) COST-BENEFIT ANALYSIS.—The Secretary of the

15 Army shall conduct a comparative cost-benefit analysis of

16 various options for the reorganization of the regional head17 quarters and basic camp structure of the Army ROTC pro18 gram. As part of such analysis, the Secretary shall measure

19 each reorganization option considered against a common

20 set of criteria.

21 (c) SELECTION OF REORGANIZATION OPTION FOR IM22 PLEMENTATION.—Based on the findings resulting from the

23 cost-benefit analysis under subsection (b) and such other

24 factors as the Secretary considers appropriate, the Sec25 retary shall select one reorganization option for implemen-
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1 tation. The Secretary may select an option for implementa2 tion only if the Secretary finds that the cost-benefit analysis

3 and other factors considered clearly demonstrate that such

4 option, better than any other option considered—

5 (1) provides the structure to meet projected mis6 sion requirements;

7 (2) achieves the most significant personnel and

8 cost savings;

9 (3) uses existing basic and advanced camp facili10 ties to the maximum extent possible;

11 (4) minimizes additional military construction

12 costs; and

13 (5) makes maximum use of the reserve compo14 nents to support basic and advanced camp oper15 ations, thereby minimizing the effect of those oper16 ations on active duty units.

17 (d) REPORT.—Not later than 60 days after the date

18 of the enactment of this Act, the Secretary of the Army shall

19 submit to the Committee on Armed Services of the Senate

20 and the Committee on National Security of the House of

21 Representatives a report describing the reorganization op22 tion selected under subsection (c). The report shall include

23 the results of the cost-benefit analysis under subsection (b)

24 and a detailed rationale for the reorganization option se25 lected.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

6 adjustment required by section 1009 of title 37, United

7 States Code, in elements of compensation of members of the

8 uniformed services to become effective during fiscal year

9 1996 shall not be made.

10 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

11 January 1, 1996, the rates of basic pay and basic allowance

12 for subsistence of members of the uniformed services are in13 creased by 2.4 percent.

14 (c) INCREASE IN BAQ.—Effective on January 1, 1996,

15 the rates of basic allowance for quarters of members of the

16 uniformed services are increased by 5.2 percent.

17 SEC. 602. ELECTION OF BASIC ALLOWANCE FOR QUARTERS

18 INSTEAD OF ASSIGNMENT TO INADEQUATE

19 QUARTERS.

20 (a) ELECTION AUTHORIZED.—Section 403(b) of title

21 37, United States Code, is amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

23 (2) by designating the second sentence as para24 graph (2) and, as so designated, by striking out
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1 ‘‘However, subject’’ and inserting in lieu thereof

2 ‘‘Subject’’; and

3 (3) by adding at the end the following:

4 ‘‘(3) A member without dependents who is in pay

5 grade E–6 and who is assigned to quarters of the United

6 States that do not meet the minimum adequacy standards

7 established by the Department of Defense for members in

8 such pay grade, or to a housing facility under the jurisdic9 tion of a uniformed service that does not meet such stand10 ards, may elect not to occupy such quarters or facility and

11 instead to receive the basic allowance for quarters prescribed

12 for his pay grade by this section.’’.

13 (b) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on July 1, 1996.

15 SEC. 603. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS

16 TO MEMBERS OF THE UNIFORMED SERVICES

17 IN PAY GRADE E–6 WHO ARE ASSIGNED TO

18 SEA DUTY.

19 (a) PAYMENT AUTHORIZED.—Section 403(c)(2) of title

20 37, United States Code, is amended—

21 (1) in the first sentence, by striking out ‘‘E–7’’

22 and inserting in lieu thereof ‘‘E–6’’; and

23 (2) in the second sentence, by striking out ‘‘E–

24 6’’ and inserting in lieu thereof ‘‘E–5’’.
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1 (b) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on July 1, 1996.

3 SEC. 604. LIMITATION ON REDUCTION OF VARIABLE HOUS4 ING ALLOWANCE FOR CERTAIN MEMBERS.

5 (a) LIMITATION ON REDUCTION IN VHA.—Subsection

6 (c)(3) of section 403a of title 37, United States Code, is

7 amended by adding at the end the following new sentence:

8 ‘‘However, on and after January 1, 1996, the monthly

9 amount of a variable housing allowance under this section

10 for a member of a uniformed service with respect to an area

11 may not be reduced so long as the member retains uninter12 rupted eligibility to receive a variable housing allowance

13 within that area and the member’s certified housing costs

14 are not reduced, as indicated by certifications provided by

15 the member under subsection (b)(4).’’.

16 (b) EFFECT ON TOTAL AMOUNT AVAILABLE FOR

17 VHA.—Subsection (d)(3) of such section is amended by in18 serting after the first sentence the following new sentence:

19 ‘‘In addition, the total amount determined under para20 graph (1) shall be adjusted to ensure that sufficient amounts

21 are available to allow payment of any additional amounts

22 of variable housing allowance necessary as a result of the

23 requirements of the second sentence of subsection (c)(3).’’.

24 (c) REPORT ON IMPLEMENTATION.—Not later than

25 June 1, 1996, the Secretary of Defense shall submit to Con-
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1 gress a report describing the procedures to be used to imple2 ment the amendments made by this section and the costs

3 of such amendments.

4 SEC. 605. CLARIFICATION OF LIMITATION ON ELIGIBILITY

5 FOR FAMILY SEPARATION ALLOWANCE.

6 Section 427(b)(4) of title 37, United States Code, is

7 amended by inserting ‘‘paragraph (1)(A) of’’ after ‘‘not en8 titled to an allowance under’’ in the first sentence.

9 Subtitle B—Bonuses and Special

10 and Incentive Pays

11 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

12 FORCES.

13 (a) SELECTED RESERVE REENLISTMENT BONUS.—

14 Section 308b(f) of title 37, United States Code, is amended

15 by striking out ‘‘September 30, 1996’’ and inserting in lieu

16 thereof ‘‘September 30, 1997’’.

17 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec18 tion 308c(e) of title 37, United States Code, is amended by

19 striking out ‘‘September 30, 1996’’ and inserting in lieu

20 thereof ‘‘September 30, 1997’’.

21 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec22 tion 308e(e) of title 37, United States Code, is amended by

23 striking out ‘‘September 30, 1996’’ and inserting in lieu

24 thereof ‘‘September 30, 1997’’.
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1 (d) READY RESERVE ENLISTMENT AND REENLIST2 MENT BONUS.—Section 308h(g) of title 37, United States

3 Code, is amended by striking out ‘‘September 30, 1996’’ and

4 inserting in lieu thereof ‘‘September 30, 1997’’.

5 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

6 308i(i) of title 37, United States Code, is amended by strik7 ing out ‘‘September 30, 1996’’ and inserting in lieu thereof

8 ‘‘September 30, 1997’’.

9 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

10 PAY FOR NURSE OFFICER CANDIDATES, REG11 ISTERED NURSES, AND NURSE ANES12 THETISTS.

13 (a) NURSE OFFICER CANDIDATE ACCESSION PRO14 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

15 is amended by striking out ‘‘September 30, 1996’’ and in16 serting in lieu thereof ‘‘September 30, 1997’’.

17 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

18 Section 302d(a)(1) of title 37, United States Code, is

19 amended by striking out ‘‘September 30, 1996’’ and insert20 ing in lieu thereof ‘‘September 30, 1997’’.

21 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES22 THETISTS.—Section 302e(a)(1) of title 37, United States

23 Code, is amended by striking out ‘‘September 30, 1996’’ and

24 inserting in lieu thereof ‘‘September 30, 1997’’.
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1 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY2 MENT OF OTHER BONUSES AND SPECIAL

3 PAYS.

4 (a) AVIATION OFFICER RETENTION BONUS.—Section

5 301b(a) of title 37, United States Code, is amended by strik6 ing out ‘‘September 30, 1996,’’ and inserting in lieu thereof

7 ‘‘September 30, 1997’’.

8 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

9 Section 308(g) of title 37, United States Code, is amended

10 by striking out ‘‘September 30, 1996’’ and inserting in lieu

11 thereof ‘‘September 30, 1997’’.

12 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

13 Sections 308a(c) and 308f(c) of title 37, United States Code,

14 are each amended by striking out ‘‘September 30, 1996’’

15 and inserting in lieu thereof ‘‘September 30, 1997’’.

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

17 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR18 ITY UNITS.—Section 308d(c) of title 37, United States

19 Code, is amended by striking out ‘‘September 30, 1996’’ and

20 inserting in lieu thereof ‘‘September 30, 1997’’.

21 (e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

22 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

23 RESERVE.—Section 16302(d) of title 10, United States

24 Code, is amended by striking out ‘‘October 1, 1996’’ and

25 inserting in lieu thereof ‘‘October 1, 1997’’.
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1 (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

2 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec3 tion 613(d) of the National Defense Authorization Act, Fis4 cal Year 1989 (37 U.S.C. 302 note) is amended by striking

5 out ‘‘September 30, 1996’’ and inserting in lieu thereof

6 ‘‘September 30, 1997’’.

7 (g) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS

8 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

9 of title 37, United States Code, is amended by striking out

10 ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘Sep11 tember 30, 1997’’.

12 (h) NUCLEAR CAREER ACCESSION BONUS.—Section

13 312b(c) of title 37, United States Code, is amended by strik14 ing out ‘‘September 30, 1996’’ and inserting in lieu thereof

15 ‘‘September 30, 1997’’.

16 (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

17 Section 312c(d) of title 37, United States Code, is amended

18 by striking out ‘‘October 1, 1996’’ and inserting in lieu

19 thereof ‘‘October 1, 1997’’.

20 SEC. 614. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT

21 OFFICERS AND ENLISTED MEMBERS SERVING

22 AS AIR WEAPONS CONTROLLERS.

23 Section 301 of title 37, United States Code, is amend24 ed—
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1 (1) in subsection (a)(11), by striking out ‘‘an of2 ficer (other than a warrant officer)’’ and inserting in

3 lieu thereof ‘‘a member of a uniformed service’’; and

4 (2) in subsection (c)(2)—

5 (A) by striking out ‘‘an officer’’ each place

6 it appears and inserting in lieu thereof ‘‘a mem7 ber’’;

8 (B) in subparagraph (A), by striking out

9 the table and inserting in lieu thereof the follow10 ing:

‘‘Pay grade

Years of service as an air weapons controller

2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10

‘‘O–7 and above .................... $200 $200 $200 $200 $200 $200 $200

‘‘O–6 ...................................... 225 250 300 325 350 350 350

‘‘O–5 ...................................... 200 250 300 325 350 350 350

‘‘O–4 ...................................... 175 225 275 300 350 350 350

‘‘O–3 ...................................... 125 156 188 206 350 350 350

‘‘O–2 ...................................... 125 156 188 206 250 300 300

‘‘O–1 ...................................... 125 156 188 206 250 250 250

‘‘W–4 ...................................... 200 225 275 300 325 325 325

‘‘W–3 ...................................... 175 225 275 300 325 325 325

‘‘W–2 ...................................... 150 200 250 275 325 325 325

‘‘W–1 ...................................... 100 125 150 175 325 325 325

‘‘E–9 ...................................... 200 225 250 275 300 300 300

‘‘E–8 ...................................... 200 225 250 275 300 300 300

‘‘E–7 ...................................... 175 200 225 250 275 275 275

‘‘E–6 ...................................... 156 175 200 225 250 250 250

‘‘E–5 ...................................... 125 156 175 188 200 200 200

‘‘E–4 and below .................... 125 156 175 188 200 200 200

Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25

‘‘O–7 and above .................... $200 $200 $200 $200 $200 $200 $200 $110

‘‘O–6 ...................................... 350 350 350 350 300 250 250 225

‘‘O–5 ...................................... 350 350 350 350 300 250 250 225

‘‘O–4 ...................................... 350 350 350 350 300 250 250 225

‘‘O–3 ...................................... 350 350 350 300 275 250 225 200

‘‘O–2 ...................................... 300 300 300 275 245 210 200 180

‘‘O–1 ...................................... 250 250 250 245 210 200 180 150

‘‘W–4 ...................................... 325 325 325 325 276 250 225 200

‘‘W–3 ...................................... 325 325 325 325 325 250 225 200

‘‘W–2 ...................................... 325 325 325 325 275 250 225 200

‘‘W–1 ...................................... 325 325 325 325 275 250 225 200

‘‘E–9 ...................................... 300 300 300 300 275 230 200 200

‘‘E–8 ...................................... 300 300 300 300 265 230 200 200

‘‘E–7 ...................................... 300 300 300 300 265 230 200 200

‘‘E–6 ...................................... 300 300 300 300 265 230 200 200

‘‘E–5 ...................................... 250 250 250 250 225 200 175 150

‘‘E–4 and below .................... 200 200 200 200 175 150 125 125’’;

11 and

12 (C) in subparagraph (B), by striking out

13 ‘‘the officer’’ each place it appears and inserting

14 in lieu thereof ‘‘the member’’.
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1 SEC. 615. AVIATION CAREER INCENTIVE PAY.

2 (a) YEARS OF OPERATIONAL FLYING DUTIES RE3 QUIRED.—Paragraph (4) of section 301a(a) of title 37,

4 United States Code, is amended in the first sentence by

5 striking out ‘‘9’’ and inserting in lieu thereof ‘‘8’’.

6 (b) EXERCISE OF WAIVER AUTHORITY.—Paragraph

7 (5) of such section is amended by inserting after the second

8 sentence the following new sentence: ‘‘The Secretary con9 cerned may not delegate the authority in the preceding sen10 tence to permit the payment of incentive pay under this

11 subsection.’’.

12 SEC. 616. CLARIFICATION OF AUTHORITY TO PROVIDE SPE13 CIAL PAY FOR NURSES.

14 Section 302c(d)(1) of title 37, United States Code, is

15 amended—

16 (1) by striking out ‘‘or an officer’’ and inserting

17 in lieu thereof ‘‘an officer’’; and

18 (2) by inserting before the semicolon the follow19 ing: ‘‘, an officer of the Nurse Corps of the Army or

20 Navy, or an officer of the Air Force designated as a

21 nurse’’.
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1 SEC. 617. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY

2 FOR CREW MEMBERS OF SHIPS DESIGNATED

3 AS TENDERS.

4 Section 305a(d)(1) of title 37, United States Code, is

5 amended by striking out subparagraph (A) and inserting

6 in lieu thereof the following:

7 ‘‘(A) while permanently or temporarily assigned

8 to a ship, ship-based staff, or ship-based aviation unit

9 and—

10 ‘‘(i) while serving on a ship the primary

11 mission of which is accomplished while under

12 way;

13 ‘‘(ii) while serving as a member of the off14 crew of a two-crewed submarine; or

15 ‘‘(iii) while serving as a member of a ten16 der-class ship (with the hull classification of sub17 marine or destroyer); or’’.

18 SEC. 618. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY

19 ASSIGNMENT PAY FOR ENLISTED MEMBERS

20 SERVING AS RECRUITERS.

21 (a) SPECIAL MAXIMUM RATE FOR RECRUITERS.—Sec22 tion 307(a) of title 37, United States Code, is amended by

23 adding at the end the following new sentence: ‘‘In the case

24 of a member who is serving as a military recruiter and

25 is eligible for special duty assignment pay under this sub26 section by reason of such duty, the Secretary concerned may
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1 increase the monthly rate of special duty assignment pay

2 for the member to not more than $375.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on January 1, 1996.

5 Subtitle C—Travel and

6 Transportation Allowances

7 SEC. 621. CALCULATION ON BASIS OF MILEAGE TABLES OF

8 SECRETARY OF DEFENSE: REPEAL OF RE9 QUIREMENT.

10 Section 404(d)(1)(A) of title 37, United States Code,

11 is amended by striking out ‘‘, based on distances established

12 over the shortest usually traveled route, under mileage tables

13 prepared under the direction of the Secretary of Defense’’.

14 SEC. 622. DEPARTURE ALLOWANCES.

15 (a) ELIGIBILITY WHEN EVACUATION AUTHORIZED

16 BUT NOT ORDERED.—Section 405a(a) of title 37, United

17 States Code, is amended by striking out ‘‘ordered’’ each

18 place it appears and inserting in lieu thereof ‘‘authorized

19 or ordered’’.

20 (b) EFFECTIVE DATE AND APPLICABILITY.—The

21 amendment made by subsection (a) shall take effect on Octo22 ber 1, 1995, and shall apply to persons authorized or or23 dered to depart as described in section 405a(a) of title 37,

24 United States Code, on or after such date.
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1 SEC. 623. DISLOCATION ALLOWANCE FOR MOVES RESULT2 ING FROM A BASE CLOSURE OR REALIGN3 MENT.

4 Section 407(a) of title 37, United States Code, is

5 amended by—

6 (1) by striking out ‘‘or’’ at the end of paragraph

7 (3);

8 (2) by striking out the period at the end of para9 graph (4) and inserting in lieu thereof ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(5) the member is ordered to move in connec12 tion with the closure or realignment of a military in13 stallation and, as a result, the member’s dependents

14 actually move or, in the case of a member without de15 pendents, the member actually moves.’’.

16 SEC. 624. TRANSPORTATION OF NONDEPENDENT CHILD

17 FROM SPONSOR’S STATION OVERSEAS AFTER

18 LOSS OF DEPENDENT STATUS WHILE OVER19 SEAS.

20 Section 406(h)(1) of title 37, United States Code, is

21 amended by striking out the last sentence and inserting in

22 lieu thereof the following new sentence: ‘‘If a member re23 ceives for an unmarried child of the member transportation

24 in kind to the member’s station outside the United States

25 or in Hawaii or Alaska, reimbursement therefor, or a mone26 tary allowance in place thereof and, while the member is
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1 serving at that station, the child ceases to be a dependent

2 of the member by reason of ceasing to satisfy an age require3 ment in section 401(a)(2) of this title or ceasing to be en4 rolled in an institution of higher education as described in

5 subparagraph (C) of such section, the child shall be treated

6 as a dependent of the member for purposes of this sub7 section.’’.

8 Subtitle D—Commissaries and

9 Nonappropriated Fund Instru10 mentalities

11 SEC. 631. USE OF COMMISSARY STORES BY MEMBERS OF

12 THE READY RESERVE.

13 (a) PERIOD OF USE.—Section 1063 of title 10, United

14 States Code, is amended—

15 (1) in subsection (a)(1)—

16 (A) by inserting ‘‘for a period of one year

17 on the same basis as members on active duty’’

18 before the period at the end of the first sentence;

19 and

20 (B) by striking out the second sentence;

21 (2) by striking out subsection (b); and

22 (3) by redesignating subsection (c) as subsection

23 (b).

24 (b) CONFORMING AND CLERICAL AMENDMENTS.—(1)

25 The heading for such section is amended to read as follows:
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1 ‘‘§ 1063. Commissary stores: use by members of the

2 Ready Reserve’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 54 of title 10, United

5 State Code, is amended to read as follows:

‘‘1063. Commissary stores: use by members of the Ready Reserve.’’.

6 SEC. 632. USE OF COMMISSARY STORES BY RETIRED RE7 SERVES UNDER AGE 60 AND THEIR SURVI8 VORS.

9 (a) ELIGIBILITY.—Section 1064 of title 10, United

10 States Code, is amended to read as follows:

11 ‘‘§ 1064. Commissary stores: use by retired Reserves

12 under age 60 and their survivors

13 ‘‘(a) RETIRED RESERVES UNDER AGE 60.—Members

14 of the reserve components under 60 years of age who, but

15 for age, would be eligible for retired pay under chapter 1223

16 of this title (or under chapter 67 of this title as in effect

17 before December 1, 1994) shall be authorized to use com18 missary stores of the Department of Defense on the same

19 basis as members and former members of the armed forces

20 who have retired entitled to retired or retainer pay under

21 chapter 367, 571, or 867 of this title.

22 ‘‘(b) SURVIVORS.—If a person authorized to use com23 missary stores under subsection (a) dies before attaining 60

24 years of age, the surviving dependents of the deceased person

25 shall be authorized to use commissary stores of the Depart-
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1 ment of Defense on the same basis as the surviving depend2 ents of persons who die after being retired entitled to retired

3 or retainer pay under chapter 367, 571, or 867 of this title.

4 ‘‘(c) USE SUBJECT TO REGULATIONS.—Use of com5 missary stores under this section is subject to regulations

6 prescribed by the Secretary of Defense.’’.

7 (b) CLERICAL AMENDMENT.—The item relating to

8 such section in the table of sections at the beginning of chap9 ter 54 of title 10, United States Code, is amended to read

10 as follows:

‘‘1064. Commissary stores: use by retired Reserves under age 60 and their survivors.’’.

11 SEC. 633. USE OF MORALE, WELFARE, AND RECREATION FA12 CILITIES BY MEMBERS OF RESERVE COMPO13 NENTS AND DEPENDENTS: CLARIFICATION

14 OF ENTITLEMENT.

15 Section 1065 of title 10, United States Code, is amend16 ed to read as follows:

17 ‘‘§ 1065. Use of certain morale, welfare, and recre18 ation facilities by members of reserve com19 ponents and dependents

20 ‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem21 bers of the Selected Reserve in good standing (as determined

22 by the Secretary concerned) shall be permitted to use MWR

23 retail facilities on the same basis as members on active

24 duty.
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1 ‘‘(b) MEMBERS OF READY RESERVE NOT IN SE2 LECTED RESERVE.—Subject to such regulations as the Sec3 retary of Defense may prescribe, members of the Ready Re4 serve (other than members of the Selected Reserve) may be

5 permitted to use MWR retail facilities on the same basis

6 as members serving on active duty.

7 ‘‘(c) RETIREES UNDER AGE 60.—Members of the re8 serve components under 60 years of age who, but for age,

9 would be eligible for retired pay under chapter 1223 of this

10 title (or under chapter 67 of this title as in effect before

11 December 1, 1994) shall be permitted to use MWR retail

12 facilities on the same basis as members and former members

13 of the armed forces who have retired entitled to retired or

14 retainer pay under chapter 367, 571, or 867 of this title.

15 ‘‘(d) DEPENDENTS.—(1) Dependents of members re16 ferred to in subsection (a) shall be permitted to use MWR

17 retail facilities on the same basis as dependents of members

18 on active duty.

19 ‘‘(2) Dependents of members referred to in subsection

20 (c) shall be permitted to use MWR retail facilities on the

21 same basis as dependents of members and former members

22 of the armed forces who have retired entitled to retired or

23 retainer pay under chapter 367, 571, or 867 of this title.

24 ‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec25 tion, the term ‘MWR retail facilities’ means exchange stores
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1 and other revenue generating facilities operated by

2 nonappropriated fund activities of the Department of De3 fense for the morale, welfare, and recreation of members of

4 the armed forces.’’.

5 Subtitle E—Other Matters

6 SEC. 641. COST-OF-LIVING INCREASES FOR RETIRED PAY.

7 (a) MODIFICATION OF DELAYS.—Clause (ii) of section

8 1401a(b)(2)(B) of title 10, United States Code, is amend9 ed—

10 (1) by striking out ‘‘1994, 1995, 1996, or 1997’’

11 and inserting in lieu thereof ‘‘1994 or 1995’’; and

12 (2) by striking out ‘‘September’’ and inserting in

13 lieu thereof ‘‘March’’.

14 (b) CONFORMING AMENDMENT.—The captions for such

15 section 1401a(2)(B) and for clause (ii) of such section are

16 amended by striking out ‘‘THROUGH 1998’’ and inserting in

17 lieu thereof ‘‘THROUGH 1996’’.

18 (c) REPEAL OF SUPERSEDED PROVISION.—Section

19 8114A of Public Law 103–335 (108 Stat. 2648) is repealed.

20 SEC. 642. ELIGIBILITY FOR RETIRED PAY FOR NON-REGU21 LAR SERVICE DENIED FOR MEMBERS RECEIV22 ING CERTAIN SENTENCES IN COURTS-MAR23 TIAL.

24 Section 12731 of title 10, United States Code, is

25 amended—
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1 (1) by redesignating subsections (d), (e), and (f)

2 as subsections (e), (f), and (g), respectively; and

3 (2) by inserting after subsection (c) the following

4 new subsection:

5 ‘‘(d) A person who is convicted of an offense under the

6 Uniform Code of Military Justice (chapter 47 of this title),

7 and whose executed sentence includes death, a dishonorable

8 discharge, a bad conduct discharge, or (in the case of an

9 officer) a dismissal is not eligible for retired pay under this

10 chapter.’’.

11 SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN

12 GARNISHMENT ACTIONS.

13 (a) IN GENERAL.—Subsection (j) of section 5520a of

14 title 5, United States Code, is amended by striking out

15 paragraph (2) and inserting in lieu thereof the following

16 new paragraph (2):

17 ‘‘(2) Such regulations shall provide that an agency’s

18 administrative costs in executing legal process to which the

19 agency is subject under this section shall be deducted from

20 the amount withheld from the pay of the employee con21 cerned pursuant to the legal process.’’.

22 (b) INVOLUNTARY ALLOTMENTS OF PAY OF MEMBERS

23 OF THE UNIFORMED SERVICES.—Subsection (k) of such sec24 tion is amended—
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1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) Regulations under this subsection may also pro6 vide that the administrative costs in establishing and main7 taining an involuntary allotment be deducted from the

8 amount withheld from the pay of the member of the uni9 formed services concerned pursuant to such regulations.’’.

10 (c) DISPOSITION OF AMOUNTS WITHHELD FOR ADMIN11 ISTRATIVE EXPENSES.—Such section is further amended by

12 adding at the end the following:

13 ‘‘(l) The amount of an agency’s administrative costs

14 deducted under regulations prescribed pursuant to sub15 section (j)(2) or (k)(2) shall be credited to the appropria16 tion, fund, or account from which such administrative costs

17 were paid.’’.

18 SEC. 644. AUTOMATIC MAXIMUM COVERAGE UNDER SERV19 ICEMEN’S GROUP LIFE INSURANCE.

20 Section 1967 of title 38, United States Code, is amend21 ed—

22 (1) in subsections (a) and (c), by striking out

23 ‘‘$100,000’’ each place it appears and inserting in

24 lieu thereof in each instance ‘‘$200,000’’;

25 (2) by striking out subsection (e); and
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1 (3) by redesignating subsection (f) as subsection

2 (e).

3 SEC. 645. TERMINATION OF SERVICEMEN’S GROUP LIFE IN4 SURANCE FOR MEMBERS OF THE READY RE5 SERVE WHO FAIL TO PAY PREMIUMS.

6 Section 1968(a)(4) of title 38, United States Code, is

7 amended—

8 (1) by striking out the period at the end of sub9 paragraph (C) and inserting in lieu thereof a semi10 colon; and

11 (2) by adding at the end the following:

12 ‘‘except that, if the member fails to make a direct re13 mittance of a premium for the insurance to the Sec14 retary when required to do so, the insurance shall

15 cease with respect to the member 120 days after the

16 date on which the Secretary transmits a notification

17 of the termination by mail addressed to the member

18 at the member’s last known address, unless the Sec19 retary accepts from the member full payment of the

20 premiums in arrears within such 120-day period.’’.

21 SEC. 646. REPORT ON EXTENDING TO JUNIOR NONCOMMIS22 SIONED OFFICERS PRIVILEGES PROVIDED

23 FOR SENIOR NONCOMMISSIONED OFFICERS.

24 (a) REPORT REQUIRED.—Not later than February 1,

25 1996, the Secretary of Defense shall submit to Congress a
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1 report containing the determinations of the Secretary re2 garding whether, in order to improve the working condi3 tions of noncommissioned officers in pay grades E–5 and

4 E–6, any of the privileges afforded noncommissioned offi5 cers in any of the pay grades above E–6 should be extended

6 to noncommissioned officers in pay grades E–5 and E–6.

7 (b) SPECIFIC RECOMMENDATION REGARDING ELEC8 TION OF BAS.—The Secretary shall include in the report

9 a determination on whether noncommissioned officers in

10 pay grades E–5 and E–6 should be afforded the same privi11 lege as noncommissioned officers in pay grades above E–

12 6 to elect to mess separately and receive the basic allowance

13 for subsistence.

14 (c) ADDITIONAL MATTERS.—The report shall also con15 tain a discussion of the following matters:

16 (1) The potential costs of extending additional

17 privileges to noncommissioned officers in pay grades

18 E–5 and E–6.

19 (2) The effects on readiness that would result

20 from extending the additional privileges.

21 (3) The options for extending the privileges on

22 an incremental basis over an extended period.

23 (d) RECOMMENDED LEGISLATION.—The Secretary

24 shall include in the report any recommended legislation

25 that the Secretary considers necessary in order to authorize
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1 extension of a privilege as determined appropriate under

2 subsection (a).

3 SEC. 647. PAYMENT TO SURVIVORS OF DECEASED MEM4 BERS OF THE UNIFORMED SERVICES FOR ALL

5 LEAVE ACCRUED.

6 (a) INAPPLICABILITY OF 60-DAY LIMITATION.—Sec7 tion 501(d) of title 37, United States Code, is amended—

8 (1) in paragraph (1), by striking out the third

9 sentence; and

10 (2) by striking out paragraph (2) and inserting

11 in lieu thereof the following:

12 ‘‘(2) The limitations in the second sentence of sub13 section (b)(3), subsection (f), and the second sentence of sub14 section (g) shall not apply with respect to a payment made

15 under this subsection.’’.

16 (b) CONFORMING AMENDMENT.—Section 501(f) of such

17 title is amended by striking out ‘‘, (d),’’ in the first sentence.

18 SEC. 648. ANNUITIES FOR CERTAIN MILITARY SURVIVING

19 SPOUSES.

20 (a) STUDY REQUIRED.—(1) The Secretary of Defense

21 shall conduct a study to determine the quantitative results

22 (described in subsection (b)) of enactment and exercise of

23 authority for the Secretary of the military department con24 cerned to pay an annuity to the qualified surviving spouse

25 of each member of the Armed Forces who—
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1 (A) died before March 21, 1974, and was entitled

2 to retired or retainer pay on the date of death; or

3 (B) was a member of a reserve component of the

4 Armed Forces during the period beginning on Sep5 tember 21, 1972, and ending on October 1, 1978, and

6 at the time of his death would have been entitled to

7 retired pay under chapter 67 of title 10, United

8 States Code (as in effect before December 1, 1994), but

9 for the fact that he was under 60 years of age.

10 (2) A qualified surviving spouse for purposes of para11 graph (1) is a surviving spouse who has not remarried and

12 who is not eligible for an annuity under section 4 of Public

13 Law 92–425 (10 U.S.C. 1448 note).

14 (b) REQUIRED DETERMINATIONS.—By means of the

15 study required under subsection (a), the Secretary shall de16 termine the following matters:

17 (1) The number of unremarried surviving

18 spouses of deceased members and deceased former

19 members of the Armed Forces referred to in subpara20 graph (A) of subsection (a)(1) who would be eligible

21 for an annuity under authority described in such sub22 section.

23 (2) The number of unremarried surviving

24 spouses of deceased members and deceased former

25 members of reserve components of the Armed Forces
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1 referred to in subparagraph (B) of subsection (a)(1)

2 who would be eligible for an annuity under authority

3 described in such subsection.

4 (3) The number of persons in each group of

5 unremarried former spouses described in paragraphs

6 (1) and (2) who are receiving a widow’s insurance

7 benefit or a widower’s insurance benefit under title II

8 of the Social Security Act on the basis of employment

9 of a deceased member or deceased former member re10 ferred to in subsection (a)(1).

11 (c) REPORT.—(1) Not later than March 1, 1996, the

12 Secretary of Defense shall submit to the Committee on

13 Armed Services of the Senate and the Committee on Na14 tional Security of the House of Representatives a report on

15 the results of the study.

16 (2) The Secretary shall include in the report a rec17 ommendation on the amount of the annuity that should be

18 authorized to be paid under any authority described in sub19 section (a)(1) together with a recommendation on whether

20 the annuity should be adjusted annually to offset increases

21 in the cost of living.
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1 SEC. 649. TRANSITIONAL COMPENSATION FOR DEPEND2 ENTS OF MEMBERS OF THE ARMED FORCES

3 SEPARATED FOR DEPENDENT ABUSE.

4 (a) CLARIFICATION OF ENTITLEMENT.—Section

5 1059(d) of title 10, United States Code, is amended by strik6 ing out ‘‘of a separation from active duty as’’ in the first

7 sentence.

8 (b) EFFECTIVE DATE FOR PROGRAM AUTHORITY.—

9 Section 554(b)(1) of the National Defense Authorization Act

10 for Fiscal Year 1994 (107 Stat. 1666; 10 U.S.C. 1059 note)

11 is amended by striking out ‘‘the date of the enactment of

12 this Act—’’ and inserting in lieu thereof ‘‘April 1, 1994—

13 ’’.

14 TITLE VII—HEALTH CARE

15 Subtitle A—Health Care Services

16 SEC. 701. MEDICAL CARE FOR SURVIVING DEPENDENTS OF

17 RETIRED RESERVES WHO DIE BEFORE

18 AGE 60.

19 Section 1076(b) of title 10, United States Code, is

20 amended—

21 (1) in clause (2)—

22 (A) by striking out ‘‘death (A) would’’ and

23 inserting in lieu thereof ‘‘death would’’; and

24 (B) by striking out ‘‘, and (B) had elected

25 to participate in the Survivor Benefit Plan es-
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1 tablished under subchapter II of chapter 73 of

2 this title’’; and

3 (2) in the second sentence, by striking out ‘‘with4 out regard to subclause (B) of such clause’’.

5 SEC. 702. DENTAL INSURANCE FOR MEMBERS OF THE SE6 LECTED RESERVE.

7 (a) PROGRAM AUTHORIZATION.—(1) Chapter 55 of

8 title 10, United States Code, is amended by inserting after

9 section 1076a the following new section:

10 ‘‘§ 1076b. Selected Reserve dental insurance

11 ‘‘(a) AUTHORITY TO ESTABLISH PLAN.—The Sec12 retary of Defense shall establish a dental insurance plan

13 for members of the Selected Reserve of the Ready Reserve.

14 The plan shall provide for voluntary enrollment and for

15 premium sharing between the Department of Defense and

16 the members enrolled in the plan. The plan shall be admin17 istered under regulations prescribed by the Secretary of De18 fense.

19 ‘‘(b) PREMIUM SHARING.—(1) A member enrolling in

20 the dental insurance plan shall pay a share of the premium

21 charged for the insurance coverage. The member’s share

22 may not exceed $25 per month.

23 ‘‘(2) The Secretary of Defense may reduce the monthly

24 premium required to be paid by enlisted members under

25 paragraph (1) if the Secretary determines that the reduc-
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1 tion is appropriate in order to assist enlisted members to

2 participate in the dental insurance plan.

3 ‘‘(3) A member’s share of the premium for coverage by

4 the dental insurance plan shall be deducted and withheld

5 from the basic pay payable to the member for inactive duty

6 training and from the basic pay payable to the member

7 for active duty.

8 ‘‘(4) The Secretary of Defense shall pay the portion

9 of the premium charged for coverage of a member under

10 the dental insurance plan that exceeds the amount paid by

11 the member.

12 ‘‘(c) BENEFITS AVAILABLE UNDER THE PLAN.—The

13 dental insurance plan shall provide benefits for basic dental

14 care and treatment, including diagnostic services, preventa15 tive services, basic restorative services, and emergency oral

16 examinations.

17 ‘‘(d) TERMINATION OF COVERAGE.—The coverage of a

18 member by the dental insurance plan shall terminate on

19 the last day of the month in which the member is dis20 charged, transfers to the Individual Ready Reserve, Stand21 by Reserve, or Retired Reserve, or is ordered to active duty

22 for a period of more than 30 days.’’.

23 (2) The table of sections at the beginning of such chap24 ter is amended by inserting after the item relating to section

25 1076a the following:

‘‘1076b. Selected Reserve dental insurance.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the

2 funds authorized to be appropriated under section 301(16),

3 $9,000,000 shall be available to pay the Department of De4 fense share of the premium required for members covered

5 by the dental insurance plan established pursuant to section

6 1076b of title 10, United States Code, as added by sub7 section (a).

8 SEC. 703. MODIFICATION OF REQUIREMENTS REGARDING

9 ROUTINE PHYSICAL EXAMINATIONS AND IM10 MUNIZATIONS UNDER CHAMPUS.

11 Section 1079(a) of title 10, United States Code, is

12 amended by striking out paragraph (2) and inserting in

13 lieu thereof the following new paragraph:

14 ‘‘(2) consistent with such regulations as the Sec15 retary of Defense may prescribe regarding the content

16 of health promotion and disease prevention visits, the

17 schedule of pap smears and mammograms, and the

18 types and schedule of immunizations—

19 ‘‘(A) for dependents under six years of age,

20 both health promotion and disease prevention

21 visits and immunizations may be provided; and

22 ‘‘(B) for dependents six years of age or

23 older, health promotion and disease prevention

24 visits may be provided in connection with im-
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1 munizations or with diagnostic or preventive

2 pap smears and mammograms;’’.

3 SEC. 704. PERMANENT AUTHORITY TO CARRY OUT SPE4 CIALIZED TREATMENT FACILITY PROGRAM.

5 Section 1105 of title 10, United States Code, is amend6 ed by striking out subsection (h).

7 SEC. 705. WAIVER OF MEDICARE PART B LATE ENROLL8 MENT PENALTY AND ESTABLISHMENT OF

9 SPECIAL ENROLLMENT PERIOD FOR CERTAIN

10 MILITARY RETIREES AND DEPENDENTS.

11 Section 1837 of the Social Security Act (42 U.S.C.

12 1395p) is amended by adding at the end the following new

13 subsection:

14 ‘‘(j)(1) The Secretary shall make special provisions for

15 the enrollment of an individual who is a covered beneficiary

16 under chapter 55 of title 10, United States Code, and who

17 is affected adversely by the closure of a military medical

18 treatment facility of the Department of Defense pursuant

19 to a closure or realignment of a military installation.

20 ‘‘(2) The special enrollment provisions required by

21 paragraph (1) shall be established in regulations issued by

22 the Secretary. The regulations shall—

23 ‘‘(A) identify individuals covered by paragraph

24 (1) in accordance with regulations providing for such
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1 identification that are prescribed by the Secretary of

2 Defense;

3 ‘‘(B) provide for a special enrollment period of

4 at least 90 days to be scheduled at some time proxi5 mate to the date on which the military medical treat6 ment facility involved is scheduled to be closed; and

7 ‘‘(C) provide that, with respect to individuals

8 who enroll pursuant to paragraph (1), the increase in

9 premiums under section 1839(b) due to late enroll10 ment under this part shall not apply.

11 ‘‘(3) For purposes of this subsection—

12 ‘‘(A) the term ‘covered beneficiary’ has the mean13 ing given such term in section 1072(5) of title 10,

14 United States Code;

15 ‘‘(B) the term ‘military medical treatment facil16 ity’ means a facility of a uniformed service referred

17 to in section 1074(a) of title 10, United States Code,

18 in which health care is provided; and

19 ‘‘(C) the terms ‘military installation’ and ‘re20 alignment’ have the meanings given such terms—

21 ‘‘(i) in section 209 of the Defense Authoriza22 tion Amendments and Base Closure and Re23 alignment Act (10 U.S.C. 2687 note), in the case

24 of a closure or realignment under title II of such

25 Act;
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1 ‘‘(ii) in section 2910 of the Defense Base

2 Closure and Realignment Act of 1990 (title

3 XXIX of Public Law 101–510; 10 U.S.C. 2687

4 note), in the case of a closure or realignment

5 under such Act; or

6 ‘‘(iii) in subsection (e) of section 2687 of

7 title 10, United States Code, in the case of a clo8 sure or realignment under such section.’’.

9 Subtitle B—TRICARE Program

10 SEC. 711. DEFINITION OF TRICARE PROGRAM AND OTHER

11 TERMS.

12 In this subtitle:

13 (1) The term ‘‘TRICARE program’’ means the

14 managed health care program that is established by

15 the Secretary of Defense under the authority of chap16 ter 55 of title 10, United States Code, principally sec17 tion 1097 of such title, and includes the competitive

18 selection of contractors to financially underwrite the

19 delivery of health care services under the Civilian

20 Health and Medical Program of the Uniformed Serv21 ices.

22 (2) The term ‘‘covered beneficiary’’ means a ben23 eficiary under chapter 55 of title 10, United States

24 Code, including a beneficiary under section 1074(a)

25 of such title.
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1 (3) The term ‘‘Uniformed Services Treatment

2 Facility’’ means a facility deemed to be a facility of

3 the uniformed services by virtue of section 911(a) of

4 the Military Construction Authorization Act, 1982

5 (42 U.S.C. 248c(a)).

6 (4) The term ‘‘administering Secretaries’’ has the

7 meaning given such term in section 1072(3) of title

8 10, United States Code.

9 SEC. 712. PROVISION OF TRICARE UNIFORM BENEFITS BY

10 UNIFORMED SERVICES TREATMENT FACILI11 TIES.

12 (a) REQUIREMENT.—Subject to subsection (b), upon

13 the implementation of the TRICARE program in the

14 catchment area served by a Uniformed Services Treatment

15 Facility, the facility shall provide to the covered bene16 ficiaries enrolled in a health care plan of such facility the

17 same health care benefits (subject to the same conditions

18 and limitations) as are available to covered beneficiaries

19 in that area under the TRICARE program.

20 (b) EFFECT ON CURRENT ENROLLEES.—(1) A covered

21 beneficiary who has been continuously enrolled on and after

22 October 1, 1995, in a health care plan offered by a Uni23 formed Services Treatment Facility pursuant to a contract

24 between the Secretary of Defense and the facility may elect

25 to continue to receive health care benefits in accordance
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1 with the plan instead of benefits in accordance with sub2 section (a).

3 (2) The Uniform Services Treatment Facility con4 cerned shall continue to provide benefits to a covered bene5 ficiary in accordance with an election of benefits by that

6 beneficiary under paragraph (1). The requirement to do so

7 shall terminate on the effective date of any contract between

8 the Secretary of Defense and the facility that—

9 (A) is entered into on or after the date of the

10 election; and

11 (B) requires the health care plan offered by the

12 facility for covered beneficiaries to provide health care

13 benefits in accordance with subsection (a).

14 SEC. 713. SENSE OF SENATE ON ACCESS OF MEDICARE ELI15 GIBLE BENEFICIARIES OF CHAMPUS TO

16 HEALTH CARE UNDER TRICARE.

17 It is the sense of the Senate—

18 (1) that the Secretary of Defense should develop

19 a program to ensure that covered beneficiaries who

20 are eligible for medicare under title XVIII of the So21 cial Security Act (42 U.S.C. 1395 et seq.) and who

22 reside in a region in which the TRICARE program

23 has been implemented have adequate access to health

24 care services after the implementation of the

25 TRICARE program in that region; and
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1 (2) to support strongly, as a means of ensuring

2 such access, the reimbursement of the Department of

3 Defense by the Secretary of Health and Human Serv4 ices for health care services provided such bene5 ficiaries at the medical treatment facilities of the De6 partment of Defense.

7 SEC. 714. PILOT PROGRAM OF INDIVIDUALIZED RESIDEN8 TIAL MENTAL HEALTH SERVICES.

9 (a) PROGRAM REQUIRED.—During fiscal year 1996,

10 the Secretary of Defense, in consultation with the other ad11 ministering Secretaries, shall carry out a pilot program for

12 providing wraparound services to covered beneficiaries who

13 are children in need of mental health services. The Secretary

14 shall carry out the pilot program in one region in which

15 the TRICARE program has been implemented as of the be16 ginning of such fiscal year.

17 (b) WRAPAROUND SERVICES DEFINED.—For purposes

18 of this section, wraparound services are individualized

19 mental health services that a provider provides, principally

20 in a residential setting but also with follow-up services, in

21 return for payment on a case rate basis. For payment of

22 the case rate for a patient, the provider incurs the risk that

23 it will be necessary for the provider to provide the patient

24 with additional mental health services intermittently or on
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1 a longer term basis after completion of the services provided

2 on a residential basis under a treatment plan.

3 (c) PILOT PROGRAM AGREEMENT.—Under the pilot

4 program the Secretary of Defense shall enter into an agree5 ment with a provider of mental health services that requires

6 the provider—

7 (1) to provide wraparound services to covered

8 beneficiaries referred to in subsection (a);

9 (2) to continue to provide such services to each

10 beneficiary as needed during the period of the agree11 ment even if the patient relocates outside the

12 TRICARE program region involved (but inside the

13 United States) during that period; and

14 (3) to accept as payment for such services an

15 amount not in excess of the amount of the standard

16 CHAMPUS residential treatment clinic benefit pay17 able with respect to the covered beneficiary concerned

18 (as determined in accordance with section 8.1 of

19 chapter 3 of volume II of the CHAMPUS policy man20 ual).

21 (d) REPORT.—Not later than March 1, 1997, the Sec22 retary of Defense shall submit to the Committee on Armed

23 Services of the Senate and the Committee on National Secu24 rity of the House of Representatives a report on the pro-
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1 gram carried out under this section. The report shall con2 tain—

3 (1) an assessment of the effectiveness of the pro4 gram; and

5 (2) the Secretary’s views regarding whether the

6 program should be implemented in all regions where

7 the TRICARE program is carried out.

8 Subtitle C—Uniformed Services

9 Treatment Facilities

10 SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN

11 FACILITIES AS UNIFORMED SERVICES TREAT12 MENT FACILITIES.

13 Section 1252(e) of the Department of Defense Author14 ization Act, 1984 (42 U.S.C. 248d(e)) is amended by strik15 ing out ‘‘December 31, 1996’’ in the first sentence and in16 serting in lieu thereof ‘‘September 30, 1997’’.

17 SEC. 722. APPLICABILITY OF FEDERAL ACQUISITION REGU18 LATION TO PARTICIPATION AGREEMENTS

19 WITH UNIFORMED SERVICES TREATMENT FA20 CILITIES.

21 Section 718(c) of the National Defense Authorization

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

23 1587) is amended—

24 (1) in the second sentence of paragraph (1), by

25 striking out ‘‘A participation agreement’’ and insert-
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1 ing in lieu thereof ‘‘Except as provided in paragraph

2 (4), a participation agreement’’;

3 (2) by redesignating paragraph (4) as para4 graph (5); and

5 (3) by inserting after paragraph (3) the follow6 ing new paragraph:

7 ‘‘(4) APPLICABILITY OF FEDERAL ACQUISITION

8 REGULATION.—On and after the date of enactment of

9 the National Defense Authorization Act for Fiscal

10 Year 1996, the Federal Acquisition Regulation issued

11 pursuant to section 25(c) of the Office of Federal Pro12 curement Policy Act (41 U.S.C. 421(c)) shall apply to

13 any action to modify an existing participation agree14 ment and to any action by the Secretary of Defense

15 and a Uniformed Services Treatment Facility to

16 enter into a new participation agreement.’’.

17 SEC. 723. APPLICABILITY OF CHAMPUS PAYMENT RULES IN

18 CERTAIN CASES.

19 Section 1074 of title 10, United States Code, is amend20 ed by adding at the end the following:

21 ‘‘(d)(1) The Secretary of Defense, after consultation

22 with the other administering Secretaries, may by regulation

23 require a private CHAMPUS provider to apply the

24 CHAMPUS payment rules (subject to any modifications

25 considered appropriate by the Secretary) in imposing
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1 charges for health care that the provider provides outside

2 the catchment area of a Uniformed Services Treatment Fa3 cility to a member of the uniformed services who is enrolled

4 in a health care plan of the Uniformed Services Treatment

5 Facility.

6 ‘‘(2) In this subsection:

7 ‘‘(A) The term ‘private CHAMPUS provider’

8 means a private facility or health care provider that

9 is a health care provider under the Civilian Health

10 and Medical Program of the Uniformed Services.

11 ‘‘(B) The term ‘CHAMPUS payment rules’

12 means the payment rules referred to in subsection (c).

13 ‘‘(C) The term ‘Uniformed Services Treatment

14 Facility’ means a facility deemed to be a facility of

15 the uniformed services under section 911(a) of the

16 Military Construction Authorization Act, 1982 (42

17 U.S.C. 248c(a)).’’.

18 Subtitle D—Other Changes to Exist19 ing Laws Regarding Health

20 Care Management

21 SEC. 731. INVESTMENT INCENTIVE FOR MANAGED HEALTH

22 CARE IN MEDICAL TREATMENT FACILITIES.

23 (a) AVAILABILITY OF 3 PERCENT OF APPROPRIATIONS

24 FOR TWO FISCAL YEARS.—Chapter 55 of title 10, United
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1 States Code, is amended by inserting after section 1071 the

2 following new section:

3 ‘‘§ 1071a. Availability of appropriations

4 ‘‘Of the total amount authorized to be appropriated for

5 a fiscal year for programs and activities carried out under

6 this chapter, the amount equal to three percent of such total

7 amount is authorized to be appropriated to remain avail8 able until the end of the following fiscal year.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 55 of title 10, United States Code,

11 is amended by inserting after the item relating to section

12 1071 the following:

‘‘1071a. Availability of appropriations.’’.

13 SEC. 732. REVISION AND CODIFICATION OF LIMITATIONS

14 ON PHYSICIAN PAYMENTS UNDER CHAMPUS.

15 (a) IN GENERAL.—Section 1079(h) of title 10, United

16 States Code, is amended to read as follows:

17 ‘‘(h)(1) Subject to paragraph (2), payment for a charge

18 for services by an individual health care professional (or

19 other noninstitutional health care provider) for which a

20 claim is submitted under a plan contracted for under sub21 section (a) shall be limited to the lesser of—

22 ‘‘(A) the amount equivalent to the 80th percentile

23 of billed charges, as determined by the Secretary of

24 Defense in consultation with the other administering

25 Secretaries, for similar services in the same locality
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1 during a 12-month base period that the Secretary

2 shall define and may adjust as frequently as the Sec3 retary considers appropriate; or

4 ‘‘(B) the amount payable for charges for such

5 services (or similar services) under title XVIII of the

6 Social Security Act (42 U.S.C. 1395 et seq.) as deter7 mined in accordance with the reimbursement rules

8 applicable to payments for medical and other health

9 services under that title.

10 ‘‘(2) The amount to be paid to an individual health

11 care professional (or other noninstitutional health care pro12 vider) shall be determined under regulations prescribed by

13 the Secretary of Defense in consultation with the other ad14 ministering Secretaries. Such regulations—

15 ‘‘(A) may provide for such exceptions from the

16 limitation on payments set forth in paragraph (1) as

17 the Secretary determines necessary to ensure that cov18 ered beneficiaries have adequate access to health care

19 services, including payment of amounts greater than

20 the amounts otherwise payable under that paragraph

21 when enrollees in managed care programs obtain cov22 ered emergency services from nonparticipating pro23 viders; and

24 ‘‘(B) shall establish limitations (similar to those

25 established under title XVIII of the Social Security
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1 Act) on beneficiary liability for charges of an individ2 ual health care professional (or other noninstitutional

3 health care provider).’’.

4 (b) TRANSITION.—In prescribing regulations under

5 paragraph (2) of section 1079(h) of title 10, United States

6 Code, as amended by subsection (a), the Secretary of De7 fense shall provide—

8 (1) for a period of transition between the pay9 ment methodology in effect under section 1079(h) of

10 such title, as such section was in effect on the day be11 fore the date of the enactment of this Act, and the

12 payment methodology under section 1079(h) of such

13 title, as so amended; and

14 (2) that the amount payable under such section

15 1079(h), as so amended, for a charge for a service

16 under a claim submitted during the period may not

17 be less than 85 percent of the maximum amount that

18 was payable under such section 1079(h), in effect on

19 the day before the date of the enactment of this Act,

20 for charges for the same service during the 1-year pe21 riod (or a period of other duration that the Secretary

22 considers appropriate) ending on the day before such

23 date.
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1 SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL

2 TREATMENT FACILITIES OF THE COAST

3 GUARD.

4 (a) CONTRACTING AUTHORITY.—Section 1091(a) of

5 title 10, United States Code, is amended—

6 (1) by inserting after ‘‘Secretary of Defense’’ the

7 following: ‘‘, with respect to medical treatment facili8 ties of the Department of Defense, and the Secretary

9 of Transportation, with respect to medical treatment

10 facilities of the Coast Guard when the Coast Guard

11 is not operating as a service in the Navy,’’; and

12 (2) by striking out ‘‘medical treatment facilities

13 of the Department of Defense’’ and inserting in lieu

14 thereof ‘‘such facilities’’.

15 (b) RATIFICATION OF EXISTING CONTRACTS.—Any ex16 ercise of authority under section 1091 of title 10, United

17 States Code, to enter into a personal services contract on

18 behalf of the Coast Guard before the effective date of the

19 amendments made by subsection (a) is hereby ratified.

20 (c) EFFECTIVE DATE.—The amendments made by sub21 section (a) shall take effect on the earlier of the date of the

22 enactment of this Act or October 1, 1995.
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1 SEC. 734. DISCLOSURE OF INFORMATION IN MEDICARE

2 AND MEDICAID COVERAGE DATA BANK TO IM3 PROVE COLLECTION FROM RESPONSIBLE

4 PARTIES FOR HEALTH CARE SERVICES FUR5 NISHED UNDER CHAMPUS.

6 (a) PURPOSE OF DATA BANK.—Subsection (a) of sec7 tion 1144 of the Social Security Act (42 U.S.C. 1320b–14)

8 is amended—

9 (1) by striking out ‘‘and’’ at the end of the para10 graph (1);

11 (2) by striking out the period at the end of para12 graph (2) and inserting in lieu thereof ‘‘, and’’; and

13 (3) by adding at the end the following:

14 ‘‘(3) assist in the identification of, and collection

15 from, third parties responsible for the reimbursement

16 of the costs incurred by the United States for health

17 care services furnished to individuals who are covered

18 beneficiaries under chapter 55 of title 10, United

19 States Code, upon request by the administering Sec20 retaries.’’.

21 (b) AUTHORITY TO DISCLOSE INFORMATION.—Sub22 section (b)(2) of such section is amended—

23 (1) by striking out ‘‘and’’ at the end of subpara24 graph (A);
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1 (2) by striking out the period at the end of sub2 paragraph (B) and inserting in lieu thereof ‘‘, and’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(C) (subject to the restriction in subsection

6 (c)(7) of this section) to disclose any other infor7 mation in the Data Bank to the administering

8 Secretaries for purposes described in subsection

9 (a)(3) of this section.’’.

10 (c) DEFINITION.—Subsection (f) of such section is

11 amended by adding at the end the following:

12 ‘‘(5) ADMINISTERING SECRETARIES.—The term

13 ‘administering Secretaries’ shall have the meaning

14 given to such term by section 1072(3) of title 10,

15 United States Code.’’.

16 Subtitle E—Other Matters

17 SEC. 741. TRISERVICE NURSING RESEARCH.

18 (a) PROGRAM AUTHORIZED.—Chapter 104 of title 10,

19 United States Code, is amended by adding at the end the

20 following:

21 ‘‘§ 2116. Research on the furnishing of care and serv22 ices by nurses of the armed forces

23 ‘‘(a) PROGRAM AUTHORIZED.—The Board of Regents

24 of the University may establish at the University a program

25 of research on the furnishing of care and services by nurses
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1 in the Armed Forces (hereafter in this section referred to

2 as ‘military nursing research’). A program carried out

3 under this section shall be known as the ‘TriService Nursing

4 Research Program’.

5 ‘‘(b) TRISERVICE RESEARCH GROUP.—(1) The

6 TriService Nursing Research Program shall be adminis7 tered by a TriService Nursing Research Group composed

8 of Army, Navy, and Air Force nurses who are involved in

9 military nursing research and are designated by the Sec10 retary concerned to serve as members of the group.

11 ‘‘(2) The TriService Nursing Research Group shall—

12 ‘‘(A) develop for the Department of Defense rec13 ommended guidelines for requesting, reviewing, and

14 funding proposed military nursing research projects;

15 and

16 ‘‘(B) make available to Army, Navy, and Air

17 Force nurses and Department of Defense officials con18 cerned with military nursing research—

19 ‘‘(i) information about nursing research

20 projects that are being developed or carried out

21 in the Army, Navy, and Air Force; and

22 ‘‘(ii) expertise and information beneficial to

23 the encouragement of meaningful nursing re24 search.
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1 ‘‘(c) RESEARCH TOPICS.—For purposes of this section,

2 military nursing research includes research on the following

3 issues:

4 ‘‘(1) Issues regarding how to improve the results

5 of nursing care and services provided in the armed

6 forces in time of peace.

7 ‘‘(2) Issues regarding how to improve the results

8 of nursing care and services provided in the armed

9 forces in time of war.

10 ‘‘(3) Issues regarding how to prevent complica11 tions associated with battle injuries.

12 ‘‘(4) Issues regarding how to prevent complica13 tions associated with the transporting of patients in

14 the military medical evacuation system.

15 ‘‘(5) Issues regarding how to improve methods of

16 training nursing personnel.

17 ‘‘(6) Clinical nursing issues, including such is18 sues as prevention and treatment of child abuse and

19 spouse abuse.

20 ‘‘(7) Women’s health issues.

21 ‘‘(8) Wellness issues.

22 ‘‘(9) Preventive medicine issues.

23 ‘‘(10) Home care management issues.

24 ‘‘(11) Case management issues.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 104 of such title is amended by

3 adding at the end the following:

‘‘2116. Research on the furnishing of care and services by nurses of the armed

forces.’’.

4 SEC. 742. FISHER HOUSE TRUST FUNDS.

5 (a) ESTABLISHMENT.—(1) Chapter 131 of title 10,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘§ 2221. Fisher House trust funds

9 ‘‘(a) ESTABLISHMENT.—The following trust funds are

10 established on the books of the Treasury:

11 ‘‘(1) The Fisher House Trust Fund, Department

12 of the Army.

13 ‘‘(2) The Fisher House Trust Fund, Department

14 of the Air Force.

15 ‘‘(b) INVESTMENT.—Funds in the trust funds may be

16 invested in securities of the United States. Earnings and

17 gains realized from the investment of funds in a trust fund

18 shall be credited to the trust fund.

19 ‘‘(c) USE OF FUNDS.—(1) Amounts in the Fisher

20 House Trust Fund, Department of the Army, that are at21 tributable to earnings or gains realized from investments

22 shall be available for operation and maintenance of Fisher

23 houses that are located in proximity to medical treatment

24 facilities of the Army.
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1 ‘‘(2) Amounts in the Fisher House Trust Fund, De2 partment of the Air Force, that are attributable to earnings

3 or gains realized from investments shall be available for op4 eration and maintenance of Fisher houses that are located

5 in proximity to medical treatment facilities of the Air

6 Force.

7 ‘‘(3) The use of funds under this section is subject to

8 the requirements of section 1321(b)(2) of title 31.

9 ‘‘(d) FISHER HOUSES DEFINED.—For purposes of this

10 section, Fisher houses are housing facilities that are located

11 in proximity to medical treatment facilities of the Army

12 or Air Force and are available for residential use on a tem13 porary basis by patients at such facilities, members of the

14 family of such patients, and others providing the equivalent

15 of familial support for such patients.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by adding at the end the following:

‘‘2221. Fisher House trust funds.’’.

18 (b) CORPUS OF TRUST FUNDS.—(1) The Secretary of

19 the Treasury shall—

20 (A) close the accounts established with the funds

21 that were required by section 8019 of Public Law

22 102–172 (105 Stat. 1175) and section 9023 of Public

23 Law 102–396 (106 Stat. 1905) to be transferred to an

24 appropriated trust fund; and
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1 (B) transfer the amounts in such accounts to the

2 Fisher House Trust Fund, Department of the Army,

3 established by subsection (a)(1) of section 2221 of title

4 10, United States Code, as added by subsection (a).

5 (2) The Secretary of the Air Force shall transfer to

6 the Fisher House Trust Fund, Department of the Air Force,

7 established by subsection (a)(2) of section 2221 of title 10,

8 United States Code (as added by section (a)), all amounts

9 in the accounts for Air Force installations and other facili10 ties that, as of the date of the enactment of this Act, are

11 available for operation and maintenance of Fisher houses

12 (as defined in subsection (c) of such section 2221).

13 (c) CONFORMING AMENDMENTS.—Section 1321 of title

14 31, United States Code, is amended—

15 (1) by adding at the end of subsection (a) the fol16 lowing:

17 ‘‘(92) Fisher House Trust Fund, Department of

18 the Army.

19 ‘‘(93) Fisher House Trust Fund, Department of

20 the Air Force.’’; and

21 (2) in subsection (b)—

22 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’;

23 (B) in the second sentence, by striking out

24 ‘‘Amounts accruing to these funds (except to the

25 trust fund ‘Armed Forces Retirement Home
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1 Trust Fund’)’’ and inserting in lieu thereof ‘‘Ex2 cept as provided in paragraph (2), amounts ac3 cruing to these funds’’;

4 (C) by striking out the third sentence; and

5 (D) by adding at the end the following:

6 ‘‘(2) Expenditures from the following trust funds shall

7 be made only under annual appropriations and only if the

8 appropriations are specifically authorized by law:

9 ‘‘(A) Armed Forces Retirement Home Trust

10 Fund.

11 ‘‘(B) Fisher House Trust Fund, Department of

12 the Army.

13 ‘‘(C) Fisher House Trust Fund, Department of

14 the Air Force.’’.

15 (d) REPEAL OF SUPERSEDED PROVISIONS.—The fol16 lowing provisions of law are repealed:

17 (1) Section 8019 of Public Law 102–172 (105

18 Stat. 1175).

19 (2) Section 9023 of Public Law 102–396 (106

20 Stat. 1905).

21 (3) Section 8019 of Public Law 103–139 (107

22 Stat. 1441).

23 (4) Section 8017 of Public Law 103–335 (108

24 Stat. 2620; 10 U.S.C. 1074 note).
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1 SEC. 743. APPLICABILITY OF LIMITATION ON PRICES OF

2 PHARMACEUTICALS PROCURED FOR COAST

3 GUARD.

4 Section 8126(b) of title 38, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(4) The Coast Guard.’’.

7 SEC. 744. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS

8 ARMY MEDICAL CENTER, COLORADO, ON PRO9 VISION OF CARE TO MILITARY PERSONNEL

10 AND DEPENDENTS EXPERIENCING HEALTH

11 DIFFICULTIES ASSOCIATED WITH PERSIAN

12 GULF SYNDROME.

13 Not later than 90 days after the date of the enactment

14 of this Act, the Secretary of Defense shall submit to Congress

15 a report that—

16 (1) assesses the effects of the closure of Fitzsimons

17 Army Medical Center, Colorado, on the capability of

18 the Department of Defense to provide appropriate and

19 adequate health care to members and former members

20 of the Armed Forces and their dependents who suffer

21 from undiagnosed illnesses (or combination of ill22 nesses) as a result of service in the Armed Forces in

23 the Southwest Asia theater of operations during the

24 Persian Gulf War; and

25 (2) describes the plans of the Secretary of Defense

26 and the Secretary of the Army to ensure that ade-
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1 quate and appropriate health care is available to such

2 members, former members, and their dependents for

3 such illnesses.

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 TERS

8 Subtitle A—Acquisition Reform

9 SEC. 801. WAIVERS FROM CANCELLATION OF FUNDS.

10 Notwithstanding section 1552(a) of title 31, United

11 States Code, funds appropriated for any fiscal year after

12 fiscal year 1995 that are administratively reserved or com13 mitted for satellite on-orbit incentive fees shall remain

14 available for obligation and expenditure until the fee is

15 earned, but only if and to the extent that section 1512 of

16 title 31, United States Code, the Impoundment Control Act

17 (2 U.S.C. 681 et seq.), and other applicable provisions of

18 law are complied with in the reservation and commitment

19 of funds for that purpose

20 SEC. 802. PROCUREMENT NOTICE POSTING THRESHOLDS

21 AND SUBCONTRACTS FOR OCEAN TRANSPOR22 TATION SERVICES.

23 (a) PROCUREMENT NOTICE POSTING THRESHOLDS.—

24 Section 18(a)(1)(B) of the Office of Federal Procurement

25 Policy Act (41 U.S.C. 416(a)(1)(B)) is amended—
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1 (1) by striking out ‘‘subsection (f)—’’ and all

2 that follows through the end of the subparagraph and

3 inserting in lieu thereof ‘‘subsection (b); and’’; and

4 (2) by inserting after ‘‘property or services’’ the

5 following: for a price expected to exceed $10,000, but

6 not to exceed $25,000,’’.

7 (b) SUBCONTRACTS FOR OCEAN TRANSPORTATION

8 SERVICES.—Notwithstanding any other provision of law,

9 neither section 901(b) of the Merchant Marine Act, 1936

10 (46 U.S.C. 1241(b)) nor section 2631 of title 10, United

11 States Code, shall be included prior to May 1, 1996 on any

12 list promulgated under section 34(b) of the Office of Federal

13 Procurement Policy Act (41 U.S.C. 430(b)).

14 SEC. 803. PROMPT RESOLUTION OF AUDIT RECOMMENDA15 TIONS.

16 Section 6009 of the Federal Acquisition Streamlining

17 Act of 1994 (Public Law 103–355; 108 Stat. 3367, October

18 14, 1994) is amended to read as follows:

19 ‘‘SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLE20 MENTATION OF AUDIT RECOMMENDATIONS.

21 ‘‘(a) MANAGEMENT DECISIONS.—(1) The head of a

22 Federal agency shall make management decisions on all

23 findings and recommendations set forth in an audit report

24 of the inspector general of the agency within a maximum

25 of six months after the issuance of the report.
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1 ‘‘(2) The head of a Federal agency shall make manage2 ment decisions on all findings and recommendations set

3 forth in an audit report of any auditor from outside the

4 Federal Government within a maximum of six months after

5 the date on which the head of the agency receives the report.

6 ‘‘(b) COMPLETIONS OF ACTIONS.—The head of a Fed7 eral agency shall complete final action on each management

8 decision required with regard to a recommendation in an

9 inspector general’s report under subsection (a)(1) within 12

10 months after the date of the inspector general’s report. If

11 the head of the agency fails to complete final action with

12 regard to a management decision within the 12-month pe13 riod, the inspector general concerned shall identify the mat14 ter in each of the inspector general’s semiannual reports

15 pursuant to section 5(a)(3) of the Inspector General Act of

16 1978 (5 U.S.C. App.) until final action on the management

17 decision is completed.’’.

18 SEC. 804. TEST PROGRAM FOR NEGOTIATION OF COM19 PREHENSIVE SUBCONTRACTING PLANS.

20 (a) REVISION OF AUTHORITY.—Subsection (a) of sec21 tion 834 of National Defense Authorization Act for Fiscal

22 Years 1990 and 1991 (15 U.S.C. 637 note) is amended by

23 striking out paragraph (1) and inserting in lieu thereof the

24 following:
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1 ‘‘(1) The Secretary of Defense shall establish a test pro2 gram under which contracting activities in the military de3 partments and the Defense Agencies are authorized to un4 dertake one or more demonstration projects to determine

5 whether the negotiation and administration of comprehen6 sive subcontracting plans will reduce administrative bur7 dens on contractors while enhancing opportunities provided

8 under Department of Defense contracts for small business

9 concerns and small business concerns owned and controlled

10 by socially and economically disadvantaged individuals. In

11 selecting the contracting activities to undertake demonstra12 tion projects, the Secretary shall take such action as is nec13 essary to ensure that a broad range of the supplies and serv14 ices acquired by the Department of Defense are included

15 in the test program.’’.

16 (b) COVERED CONTRACTORS.—Subsection (b) of such

17 section is amended by striking out paragraph (3) and in18 serting in lieu thereof the following:

19 ‘‘(3) A Department of Defense contractor referred to

20 in paragraph (1) is, with respect to a comprehensive sub21 contracting plan negotiated in any fiscal year, a business

22 concern that, during the immediately preceding fiscal year,

23 furnished the Department of Defense with supplies or serv24 ices (including professional services, research and develop25 ment services, and construction services) pursuant to at
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1 least three Department of Defense contracts having an ag2 gregate value of at least $5,000,000.’’.

3 (c) TECHNICAL AMENDMENTS.—Such section is

4 amended—

5 (1) by striking out subsection (g); and

6 (2) by redesignating subsection (h) as subsection

7 (g).

8 SEC. 805. NAVAL SALVAGE FACILITIES.

9 Chapter 637 of title 10, United States Code, is amend10 ed to read as follows:

11 ‘‘CHAPTER 637—SALVAGE FACILITIES

‘‘Sec.

‘‘7361. Authority to provide for necessary salvage facilities.

‘‘7362. Acquisition and transfer of vessels and equipment.

‘‘7363. Settlement of claims.

‘‘7364. Disposition of receipts.

12 ‘‘§ 7361. Authority to provide for necessary salvage fa13 cilities

14 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

15 contract or otherwise provide for necessary salvage facilities

16 for public and private vessels.

17 ‘‘(b) COORDINATION WITH SECRETARY OF TRANSPOR18 TATION.—The Secretary shall submit to the Secretary of

19 Transportation for comment each proposed salvage contract

20 that affects the interests of the Department of Transpor21 tation.

22 ‘‘(c) LIMITATION.—The Secretary of the Navy may

23 enter into a contract under subsection (a) only if the Sec-
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1 retary determines that available commercial salvage facili2 ties are inadequate to meet the Navy’s requirements and

3 provides public notice of the intent to enter into such a con4 tract.

5 ‘‘§ 7362. Acquisition and transfer of vessels and equip6 ment

7 ‘‘(a) AUTHORITY.—The Secretary of the Navy may ac8 quire or transfer such vessels and equipment for operation

9 by private salvage companies as the Secretary considers

10 necessary.

11 ‘‘(b) AGREEMENT ON USE.—A private recipient of any

12 salvage vessel or gear shall agree in writing that such vessel

13 or gear will be used to support organized offshore salvage

14 facilities for as many years as the Secretary shall consider

15 appropriate.

16 ‘‘§ 7363. Settlement of claims

17 ‘‘The Secretary of the Navy, or the Secretary’s des18 ignee, may settle and receive payment for any claim by the

19 United States for salvage services rendered by the Depart20 ment of the Navy.

21 ‘‘§ 7364. Disposition of receipts

22 ‘‘Amounts received under this chapter shall be credited

23 to appropriations for maintaining naval salvage facilities.

24 However, any amount received in excess of naval salvage
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1 costs incurred by the Navy in that fiscal year shall be depos2 ited into the general fund of the Treasury.’’.

3 SEC. 806. AUTHORITY TO DELEGATE CONTRACTING AU4 THORITY.

5 (a) REPEAL OF DUPLICATIVE AUTHORITY AND RE6 STRICTION.—Section 2356 of title 10, United States Code,

7 is repealed.

8 (b) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of chapter 139 of title 10, United States Code,

10 is amended by striking out the item relating to section 2356.

11 SEC. 807. COORDINATION AND COMMUNICATION OF DE12 FENSE RESEARCH ACTIVITIES.

13 Section 2364 of title 10, United States Code, is amend14 ed—

15 (1) in subsection (b)(5), by striking out ‘‘mile16 stone O, milestone I, and milestone II’’ and inserting

17 in lieu thereof ‘‘acquisition program’’; and

18 (2) in subsection (c), by striking out paragraphs

19 (2), (3), and (4) and inserting in lieu thereof the fol20 lowing:

21 ‘‘(2) The term ‘acquisition program decision’ has

22 the meaning prescribed by the Secretary of Defense in

23 regulations.’’.
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1 SEC. 808. PROCUREMENT OF ITEMS FOR EXPERIMENTAL OR

2 TEST PURPOSES.

3 Section 2373(b) of title 10, United States Code, is

4 amended by inserting ‘‘only’’ after ‘‘applies’’.

5 SEC. 809. QUALITY CONTROL IN PROCUREMENTS OF CRITI6 CAL AIRCRAFT AND SHIP SPARE PARTS.

7 (a) REPEAL.—Section 2383 of title 10, United States

8 Code, is repealed.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 141 of such title is amended by

11 striking out the item relating to section 2383.

12 SEC. 810. USE OF FUNDS FOR ACQUISITION OF DESIGNS,

13 PROCESSES, TECHNICAL DATA, AND COM14 PUTER SOFTWARE.

15 Section 2386(3) of title 10, United States Code, is

16 amended to read as follows:

17 ‘‘(3) Design and process data, technical data,

18 and computer software.’’.

19 SEC. 811. INDEPENDENT COST ESTIMATES FOR MAJOR DE20 FENSE ACQUISITION PROGRAMS.

21 Section 2434(b)(1)(A) of title 10, United States Code,

22 is amended to read as follows:

23 ‘‘(A) be prepared—

24 ‘‘(i) by an office or other entity that is

25 not under the supervision, direction, or con26 trol of the military department, Defense
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1 Agency, or other component of the Depart2 ment of Defense that is directly responsible

3 for carrying out the development or acquisi4 tion of the program; or

5 ‘‘(ii) if the decision authority for the

6 program has been delegated to an official of

7 a military department, Defense Agency, or

8 other component of the Department of De9 fense, by an office or other entity that is not

10 directly responsible for carrying out the de11 velopment or acquisition of the program;

12 and’’.

13 SEC. 812. FEES FOR CERTAIN TESTING SERVICES.

14 Section 2539b(c) of title 10, United States Code, is

15 amended by inserting ‘‘and indirect’’ after ‘‘recoup the di16 rect’’.

17 SEC. 813. CONSTRUCTION, REPAIR, ALTERATION, FURNISH18 ING, AND EQUIPPING OF NAVAL VESSELS.

19 (a) INAPPLICABILITY OF CERTAIN LAWS.—Chapter

20 633 of title 10, United States Code, is amended by inserting

21 after section 7297 the following:

22 ‘‘§ 7299. Contracts: applicability of Walsh-Healey Act

23 ‘‘Each contract for the construction, alteration, fur24 nishing, or equipping of a naval vessel is subject to the

25 Walsh-Healey Act (41 U.S.C. 35 et seq.) unless the Presi-
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1 dent determines that this requirement is not in the interest

2 of national defense.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of such chapter is amended by inserting after

5 the item relating to section 7297 the following:

‘‘7299. Contracts: applicability of Walsh-Healey Act.’’.

6 SEC. 814. CIVIL RESERVE AIR FLEET.

7 Section 9512 of title 10, United States Code, is amend8 ed by striking out ‘‘full Civil Reserve Air Fleet’’ both places

9 it appears in subsections (b)(2) and (e) and inserting in

10 lieu thereof ‘‘Civil Reserve Air Fleet’’.

11 SEC. 815. COST AND PRICING DATA.

12 (a) ARMED SERVICES PROCUREMENTS.—Section

13 2306a(d)(2)(A)(i) of title 10, United States Code, is amend14 ed by striking out ‘‘and the procurement is not covered by

15 an exception in subsection (b),’’ and inserting in lieu there16 of ‘‘and the offeror or contractor requests to be exempted

17 from the requirement for submission of cost or pricing data

18 pursuant to this subsection,’’.

19 (b) CIVILIAN AGENCY PROCUREMENTS.—Section

20 304A(d)(2)(A)(i) of the Federal Property and Administra21 tive Services Act of 1949 (41 U.S.C. 254b(d)(2)(A)(i)) is

22 amended by striking out ‘‘and the procurement is not cov23 ered by an exception in subsection (b),’’ and inserting in

24 lieu thereof ‘‘and the offeror or contractor requests to be ex-
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1 empted from the requirement for submission of cost or pric2 ing data pursuant to this subsection,’’.

3 SEC. 816. PROCUREMENT NOTICE TECHNICAL AMEND4 MENTS.

5 Section 18(c)(1)(E) of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 416(c)(1)(E)) is amended by

7 inserting after ‘‘requirements contract’’ the following: ‘‘, a

8 task order contract, or a delivery order contract’’.

9 SEC. 817. REPEAL OF DUPLICATIVE AUTHORITY FOR SIM10 PLIFIED ACQUISITION PURCHASES.

11 Section 31 of the Office of Federal Procurement Policy

12 Act (41 U.S.C. 427) is amended—

13 (1) by striking out subsections (a), (b), and (c);

14 (2) by redesignating subsections (d), (e), and (f)

15 as (a), (b), and (c), respectively;

16 (3) in subsection (b), as so redesignated, by strik17 ing out ‘‘provided in the Federal Acquisition Regula18 tion pursuant to this section’’ each place it appears

19 and inserting in lieu thereof ‘‘contained in the Fed20 eral Acquisition Regulation’’; and

21 (4) by adding at the end the following:

22 ‘‘(d) PROCEDURES DEFINED.—The simplified acquisi23 tion procedures referred to in this section are the simplified

24 acquisition procedures that are provided in the Federal Ac25 quisition Regulation pursuant to section 2304(g) of title 10,
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1 United States Code, and section 303(g) of the Federal Prop2 erty and Administrative Services Act of 1949 (41 U.S.C.

3 253(g)).’’.

4 SEC. 818. MICRO-PURCHASES WITHOUT COMPETITIVE

5 QUOTATIONS.

6 Section 32(d) of the Office of Federal Procurement Pol7 icy Act (41 U.S.C. 428) is amended by striking out ‘‘the

8 contracting officer’’ and inserting in lieu thereof ‘‘an em9 ployee of an executive agency or a member of the Armed

10 Forces of the United States authorized to do so’’.

11 SEC. 819. RESTRICTION ON REIMBURSEMENT OF COSTS.

12 (a) None of the funds authorized to be appropriated

13 in this Act for fiscal year 1996 may be obligated for pay14 ment on new contracts on which allowable costs charged to

15 the Government include payments for individual compensa16 tion (including bonuses and other incentives) at a rate in

17 excess of $250,000.

18 (b) It is the sense of the Senate that the Congress

19 should consider extending the restriction described in sec20 tion (a) permanently.

21 Subtitle B—Other Matters

22 SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PRO23 GRAMS.

24 (a) FUNDING.—Of the amount authorized to be appro25 priated under section 301(5), $12,000,000 shall be available
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1 for carrying out the provisions of chapter 142 of title 10,

2 United States Code.

3 (b) SPECIFIC PROGRAMS.—Of the amounts made

4 available pursuant to subsection (a), $600,000 shall be

5 available for fiscal year 1996 for the purpose of carrying

6 out programs sponsored by eligible entities referred to in

7 subparagraph (D) of section 2411(1) of title 10, United

8 States Code, that provide procurement technical assistance

9 in distressed areas referred to in subparagraph (B) of sec10 tion 2411(2) of such title. If there is an insufficient number

11 of satisfactory proposals for cooperative agreements in such

12 distressed areas to allow effective use of the funds made

13 available in accordance with this subsection in such areas,

14 the funds shall be allocated among the Defense Contract Ad15 ministration Services regions in accordance with section

16 2415 of such title.

17 SEC. 822. TREATMENT OF DEPARTMENT OF DEFENSE

18 CABLE TELEVISION FRANCHISE AGREE19 MENTS.

20 For purposes of part 49 of the Federal Acquisition

21 Regulation, a cable television franchise agreement of the De22 partment of Defense shall be considered a contract for tele23 communications services.
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1 SEC. 823. PRESERVATION OF AMMUNITION INDUSTRIAL

2 BASE.

3 (a) REVIEW OF AMMUNITION PROCUREMENT AND

4 MANAGEMENT PROGRAMS.—(1) Not later than 30 days

5 after the date of the enactment of this Act, the Secretary

6 of Defense shall commence a review of the ammunition pro7 curement and management programs of the Department of

8 Defense, including the planning for, budgeting for, adminis9 tration, and carrying out of such programs.

10 (2) The review under paragraph (1) shall include an

11 assessment of the following matters:

12 (A) The practicability and desirability of using

13 centralized procurement practices to procure all am14 munition required by the Armed Forces.

15 (B) The capability of the ammunition produc16 tion facilities of the United States to meet the ammu17 nition requirements of the Armed Forces.

18 (C) The practicability and desirability of

19 privatizing such ammunition production facilities.

20 (D) The practicability and desirability of using

21 integrated budget planning among the Armed Forces

22 for the procurement of ammunition.

23 (E) The practicability and desirability of estab24 lishing an advocate within the Department of Defense

25 for ammunition industrial base matters who shall be

26 responsible for—
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1 (i) establishing the quantity and price of

2 ammunition procured by the Armed Forces; and

3 (ii) establishing and implementing policy to

4 ensure the continuing viability of the ammuni5 tion industrial base in the United States.

6 (F) The practicability and desirability of pro7 viding information on the ammunition procurement

8 practices of the Armed Forces to Congress through a

9 single source.

10 (b) REPORT.—Not later than April 1, 1996, the Sec11 retary shall submit to the congressional defense committees

12 a report containing the following:

13 (1) The results of the review carried out under

14 subsection (a).

15 (2) A discussion of the methodologies used in

16 carrying out the review.

17 (3) An assessment of various methods of ensuring

18 the continuing viability of the ammunition industrial

19 base of the United States.

20 (4) Recommendations of means (including legis21 lation) of implementing such methods in order to en22 sure such viability.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 SEC. 901. REDESIGNATION OF THE POSITION OF ASSIST5 ANT TO THE SECRETARY OF DEFENSE FOR

6 ATOMIC ENERGY.

7 (a) IN GENERAL.—(1) Section 142 of title 10, United

8 States Code, is amended—

9 (A) by striking out the section heading and in10 serting in lieu thereof the following:

11 ‘‘§ 142. Assistant to the Secretary of Defense for Nu12 clear and Chemical and Biological De13 fense Programs’’;

14 (B) in subsection (a), by striking out ‘‘Assistant

15 to the Secretary of Defense for Atomic Energy’’ and

16 inserting in lieu thereof ‘‘Assistant to the Secretary of

17 Defense for Nuclear and Chemical and Biological De18 fense Programs’’; and

19 (C) by striking out subsection (b) and inserting

20 in lieu thereof the following:

21 ‘‘(b) The Assistant to the Secretary shall—

22 ‘‘(1) advise the Secretary of Defense on nuclear

23 energy, nuclear weapons, and chemical and biological

24 defense;
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1 ‘‘(2) serve as the Staff Director of the Nuclear

2 Weapons Council established by section 179 of this

3 title; and

4 ‘‘(3) perform such additional duties as the Sec5 retary may prescribe.’’.

6 (2) The table of sections at the beginning of chapter

7 4 of such title is amended by striking out the item relating

8 to section 142 and inserting in lieu thereof the following:

‘‘142. Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.’’.

9 (b) CONFORMING AMENDMENTS.—(1) Section

10 179(c)(2) of title 10, United States Code, is amended by

11 striking out ‘‘The Assistant to the Secretary of Defense for

12 Atomic Energy’’ and inserting in lieu thereof ‘‘The Assist13 ant to the Secretary of Defense for Nuclear and Chemical

14 and Biological Defense Programs.’’.

15 (2) Section 5316 of title 5, United States Code, is

16 amended by striking out ‘‘The Assistant to the Secretary

17 of Defense for Atomic Energy, Department of Defense.’’ and

18 inserting in lieu thereof the following:

19 ‘‘Assistant to the Secretary of Defense for Nu20 clear and Chemical and Biological Defense Programs,

21 Department of Defense.’’.
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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 1996 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. DISBURSING AND CERTIFYING OFFICIALS.

7 (a) DISBURSING OFFICIALS.—(1) Section 3321(c) of

8 title 31, United States Code, is amended by striking out

9 paragraph (2) and inserting in lieu thereof the following:

10 ‘‘(2) The Department of Defense.’’.

11 (2) Section 2773 of title 10, United States Code, is

12 amended—

13 (A) in subsection (a)—

14 (i) by striking out ‘‘With the approval of

15 the Secretary of a military department when the

16 Secretary considers it necessary, a disbursing of17 ficial of the military department’’ and inserting

18 in lieu thereof ‘‘Subject to paragraph (3), a dis19 bursing official of the Department of Defense’’;

20 and

21 (ii) by adding at the end the following new

22 paragraph:

23 ‘‘(3) A disbursing official may make a designation

24 under paragraph (1) only with the approval of the Sec25 retary of Defense or, in the case of a disbursing official of
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1 a military department, the Secretary of that military de2 partment.’’; and

3 (B) in subsection (b)(1), by striking out ‘‘any

4 military department’’ and inserting in lieu thereof

5 ‘‘the Department of Defense’’.

6 (b) DESIGNATION OF MEMBERS OF THE ARMED

7 FORCES TO HAVE AUTHORITY TO CERTIFY VOUCHERS.—

8 Section 3325(b) of title 31, United States Code, is amended

9 to read as follows:

10 ‘‘(b) In addition to officers and employees referred to

11 in subsection (a)(1)(B) of this section as having authoriza12 tion to certify vouchers, members of the armed forces under

13 the jurisdiction of the Secretary of Defense may certify

14 vouchers when authorized, in writing, by the Secretary to

15 do so.’’.

16 (c) CONFORMING AMENDMENTS.—(1) Section 1012 of

17 title 37, United States Code, is amended by striking out

18 ‘‘Secretary concerned’’ both places it appears and inserting

19 in lieu thereof ‘‘Secretary of Defense’’.

20 (2) Section 1007(a) of title 37, United States Code,

21 is amended by striking out ‘‘Secretary concerned’’ and in22 serting in lieu thereof ‘‘Secretary of Defense, or upon the

23 denial of relief of an officer pursuant to section 3527 of

24 title 31’’.
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1 (3)(A) Section 7863 of title 10, United States Code,

2 is amended—

3 (i) in the first sentence, by striking out ‘‘dis4 bursements of public moneys or’’ and ‘‘the money was

5 paid or’’; and

6 (ii) in the second sentence, by striking out ‘‘dis7 bursement or’’.

8 (B)(i) The heading of such section is amended to read

9 as follows:

10 ‘‘§ 7863. Disposal of public stores by order of com11 manding officer’’.

12 (ii) The item relating to such section in the table of

13 sections at the beginning of chapter 661 of such title is

14 amended to read as follows:

‘‘7863. Disposal of public stores by order of commanding officer.’’.

15 (4) Section 3527(b)(1) of title 31, United States Code,

16 is amended—

17 (A) by striking out ‘‘a disbursing official of the

18 armed forces’’ and inserting in lieu thereof ‘‘an offi19 cial of the armed forces referred to in subsection (a)’’;

20 (B) by striking out ‘‘records,’’ and inserting in

21 lieu thereof ‘‘records, or a payment described in sec22 tion 3528(a)(4)(A) of this title,’’;

23 (C) by redesignating subparagraphs (A), (B),

24 and (C) as clauses (i), (ii), and (iii), and realigning

25 such clauses four ems from the left margin;
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1 (D) by inserting before clause (i), as redesignated

2 by subparagraph (C), the following:

3 ‘‘(A) in the case of a physical loss or defi4 ciency—’’;

5 (E) in clause (iii), as redesignated by subpara6 graph (C), by striking out the period at the end and

7 inserting in lieu thereof ‘‘; or’’; and

8 (F) by adding at the end the following:

9 ‘‘(B) in the case of a payment described in sec10 tion 3528(a)(4)(A) of this title, the Secretary of De11 fense or the appropriate Secretary of the military de12 partment of the Department of Defense, after taking

13 a diligent collection action, finds that the criteria of

14 section 3528(b)(1) of this title are satisfied.’’.

15 SEC. 1003. DEFENSE MODERNIZATION ACCOUNT.

16 (a) ESTABLISHMENT AND USE.—(1) Chapter 131 of

17 title 10, United States Code, is amended by adding at the

18 end the following:

19 ‘‘§ 2221. Defense Modernization Account

20 ‘‘(a) ESTABLISHMENT.—There is established in the

21 Treasury a special account to be known as the ‘Defense

22 Modernization Account’.

23 ‘‘(b) CREDITS TO ACCOUNT.—(1) Under regulations

24 prescribed by the Secretary of Defense, and upon a deter25 mination by the Secretary concerned of the availability and
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1 source of excess funds as described in subparagraph (A) or

2 (B), the Secretary may transfer to the Defense Moderniza3 tion Account during any fiscal year—

4 ‘‘(A) any amount of unexpired funds available to

5 the Secretary for procurements that, as a result of

6 economies, efficiencies, and other savings achieved in

7 the procurements, are excess to the funding require8 ments of the procurements; and

9 ‘‘(B) any amount of unexpired funds available to

10 the Secretary for support of installations and facili11 ties that, as a result of economies, efficiencies, and

12 other savings, are excess to the funding requirements

13 for support of installations and facilities.

14 ‘‘(2) Funds referred to in paragraph (1) may not be

15 transferred to the Defense Modernization Account by a Sec16 retary concerned if—

17 ‘‘(A) the funds are necessary for programs,

18 projects, and activities that, as determined by the Sec19 retary, have a higher priority than the purposes for

20 which the funds would be available if transferred to

21 that account; or

22 ‘‘(B) the balance of funds in the account, after

23 transfer of funds to the account would exceed

24 $1,000,000,000.
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1 ‘‘(3) Amounts credited to the Defense Modernization

2 Account shall remain available for transfer until the end

3 of the third fiscal year that follows the fiscal year in which

4 the amounts are credited to the account.

5 ‘‘(4) The period of availability of funds for expenditure

6 provided for in sections 1551 and 1552 of title 31 shall not

7 be extended by transfer into the Defense Modernization Ac8 count.

9 ‘‘(c) ATTRIBUTION OF FUNDS.—The funds transferred

10 to the Defense Modernization Account by a military depart11 ment, Defense Agency, or other element of the Department

12 of Defense shall be available in accordance with subsections

13 (f) and (g) only for that military department, Defense

14 Agency, or element.

15 ‘‘(d) USE OF FUNDS.—Funds available from the De16 fense Modernization Account pursuant to subsection (f) or

17 (g) may be used only for the following purposes:

18 ‘‘(1) For increasing, subject to subsection (e), the

19 quantity of items and services procured under a pro20 curement program in order to achieve a more efficient

21 production or delivery rate.

22 ‘‘(2) For research, development, test and evalua23 tion and procurement necessary for modernization of

24 an existing system or of a system being procured

25 under an ongoing procurement program.
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1 ‘‘(e) LIMITATIONS.—(1) Funds from the Defense Mod2 ernization Account may not be used to increase the quantity

3 of an item or services procured under a particular procure4 ment program to the extent that doing so would—

5 ‘‘(A) result in procurement of a total quantity of

6 items or services in excess of—

7 ‘‘(i) a specific limitation provided in law

8 on the quantity of the items or services that may

9 be procured; or

10 ‘‘(ii) the requirement for the items or serv11 ices as approved by the Joint Requirements

12 Oversight Council and reported to Congress by

13 the Secretary of Defense; or

14 ‘‘(B) result in an obligation or expenditure of

15 funds in excess of a specific limitation provided in

16 law on the amount that may be obligated or ex17 pended, respectively, for the procurement program.

18 ‘‘(2) Funds from the Defense Modernization Account

19 may not be used for a purpose or program for which Con20 gress has not authorized appropriations.

21 ‘‘(3) Funds may not be transferred from the Defense

22 Modernization Account in any year for the purpose of—

23 ‘‘(A) making any expenditure for which there is

24 no corresponding obligation; or
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1 ‘‘(B) making any expenditure that would satisfy

2 an unliquidated or unrecorded obligation arising in

3 a prior fiscal year.

4 ‘‘(f) TRANSFER OF FUNDS.—(1) Funds in the Defense

5 Modernization Account may be transferred in any fiscal

6 year to appropriations available for use for purposes set

7 forth in subsection (d).

8 ‘‘(2) Before funds in the Defense Modernization Ac9 count are transferred under paragraph (1), the Secretary

10 concerned shall transmit to the congressional defense com11 mittees a notification of the amount and purpose of the pro12 posed transfer.

13 ‘‘(3) The total amount of the transfers from the Defense

14 Modernization Account may not exceed $500,000,000 in

15 any fiscal year.

16 ‘‘(g) AVAILABILITY OF FUNDS FOR APPROPRIATION.—

17 Funds in the Defense Modernization Account may be appro18 priated for purposes set forth in subsection (d) to the extent

19 provided in Acts authorizing appropriations for the De20 partment of the Defense.

21 ‘‘(h) SECRETARY TO ACT THROUGH COMPTROLLER.—

22 In exercising authority under this section, the Secretary of

23 Defense shall act through the Under Secretary of Defense

24 (Comptroller), who shall be authorized to implement this

25 section through the issuance of any necessary regulations,
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1 policies, and procedures after consultation with the General

2 Counsel and Inspector General of the Department of De3 fense.

4 ‘‘(i) QUARTERLY REPORT.—Not later than 15 days

5 after the end of each calendar quarter, the Secretary of De6 fense shall submit to the appropriate committees of Congress

7 a report setting forth the amount and source of each credit

8 to the Defense Modernization Account during the quarter

9 and the amount and purpose of each transfer from the ac10 count during the quarter.

11 ‘‘(j) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘Secretary concerned’ includes the

13 Secretary of Defense.

14 ‘‘(2) The term ‘unexpired funds’ means funds ap15 propriated for a definite period that remain available

16 for obligation.

17 ‘‘(3) The term ‘congressional defense committees’

18 means—

19 ‘‘(A) the Committees on Armed Services and

20 Appropriations of the Senate; and

21 ‘‘(B) the Committees on National Security

22 and Appropriations of the House of Representa23 tives.

24 ‘‘(4) The term ‘appropriate committees of Con25 gress’ means—
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1 ‘‘(A) the congressional defense committees;

2 ‘‘(B) the Committee on Governmental Af3 fairs of the Senate; and

4 ‘‘(C) the Committee on Government Reform

5 and Oversight of the House of Representatives.

6 ‘‘(k) INAPPLICABILITY TO COAST GUARD.—This sec7 tion does not apply to the Coast Guard when it is not oper8 ating as a service in the Navy.’’.

9 (2) The table of sections at the beginning of chapter

10 131 of such title is amended by adding at the end the follow11 ing:

‘‘2221. Defense Modernization Account.’’.

12 (b) EFFECTIVE DATE.—Section 2221 of title 10, Unit13 ed States Code (as added by subsection (a)), shall take effect

14 on October 1, 1995, and shall apply only to funds appro15 priated for fiscal years beginning on or after that date.

16 (c) EXPIRATION OF AUTHORITY AND ACCOUNT.—(1)

17 The authority under section 2221(b) of title 10, United

18 States Code (as added by subsection (a)), to transfer funds

19 into the Defense Modernization Account shall terminate on

20 October 1, 2003.

21 (2) Three years after the termination of transfer au22 thority under paragraph (1), the Defense Modernization Ac23 count shall be closed and the remaining balance in the ac24 count shall be canceled and thereafter shall not be available

25 for any purpose.
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1 (3)(A) The Comptroller General of the United States

2 shall conduct two reviews of the administration of the De3 fense Modernization Account. In each review, the Comptrol4 ler General shall assess the operations and benefits of the

5 account.

6 (B) Not later than March 1, 2000, the Comptroller

7 General shall—

8 (i) complete the first review; and

9 (ii) submit to the appropriate committees of

10 Congress an initial report on the administration and

11 benefits of the Defense Modernization Account.

12 (C) Not later than March 1, 2003, the Comptroller

13 General shall—

14 (i) complete the second review; and

15 (ii) submit to the appropriate committees of

16 Congress a final report on the administration and

17 benefits of the Defense Modernization Account.

18 (D) Each report shall include any recommended legis19 lation regarding the account that the Comptroller General

20 considers appropriate.

21 (E) In this paragraph, the term ‘‘appropriate commit22 tees of Congress’’ has the meaning given such term in sec23 tion 2221(j)(4) of title 10, United States Code, as added

24 by subsection (a).
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1 SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUP2 PLEMENTAL APPROPRIATIONS FOR FISCAL

3 YEAR 1995.

4 (a) ADJUSTMENT TO PREVIOUS AUTHORIZATIONS.—

5 Amounts authorized to be appropriated to the Department

6 of Defense for fiscal year 1995 in the National Defense Au7 thorization Act for Fiscal Year 1995 (Public Law 103–337)

8 are hereby adjusted, with respect to any such authorized

9 amount, by the amount by which appropriations pursuant

10 to such authorization were increased (by a supplemental

11 appropriation) or decreased (by a rescission), or both, in

12 title I of the Emergency Supplemental Appropriations and

13 Rescissions for the Department of Defense to Preserve and

14 Enhance Military Readiness Act of 1995 (Public Law 104–

15 6).

16 (b) NEW AUTHORIZATION.—The appropriation pro17 vided in section 104 of such Act is hereby authorized.

18 SEC. 1005. LIMITATION ON USE OF AUTHORITY TO PAY FOR

19 EMERGENCY AND EXTRAORDINARY EX20 PENSES.

21 Section 127 of title 10, United States Code, is amend22 ed—

23 (1) by redesignating subsection (c) as subsection

24 (d); and

25 (2) by inserting after subsection (b) the following

26 new subsection (c):
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1 ‘‘(c)(1) Funds may not be obligated or expended in an

2 amount in excess of $500,000 under the authority of sub3 section (a) or (b) until the Secretary of Defense has notified

4 the Committees on Armed Services and Appropriations of

5 the Senate and the Committees on National Security and

6 Appropriations of the House of Representatives of the intent

7 to obligate or expend the funds, and—

8 ‘‘(A) in the case of an obligation or expenditure

9 in excess of $1,000,000, 15 days have elapsed since the

10 date of the notification; or

11 ‘‘(B) in the case of an obligation or expenditure

12 in excess of $500,000, but not in excess of $1,000,000,

13 5 days have elapsed since the date of the notification.

14 ‘‘(2) Subparagraph (A) or (B) of paragraph (1) shall

15 not apply to an obligation or expenditure of funds otherwise

16 covered by such subparagraph if the Secretary of Defense

17 determines that the national security objectives of the Unit18 ed States will be compromised by the application of the sub19 paragraph to the obligation or expenditure. If the Secretary

20 makes a determination with respect to an expenditure

21 under the preceding sentence, the Secretary shall notify the

22 committees referred to in paragraph (1) not later than the

23 later of—

24 ‘‘(A) 30 days after the date of the expenditure;

25 or
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1 ‘‘(B) the date on which the activity for which the

2 expenditure is made is completed.

3 ‘‘(3) A notification under this subsection shall include

4 the amount to be obligated or expended, as the case may

5 be, and the purpose of the obligation or expenditure.’’.

6 SEC. 1006. TRANSFER AUTHORITY REGARDING FUNDS

7 AVAILABLE FOR FOREIGN CURRENCY FLUC8 TUATIONS.

9 (a) TRANSFERS TO MILITARY PERSONNEL ACCOUNTS

10 AUTHORIZED.—Section 2779 of title 10, United States

11 Code, is amended by adding at the end the following:

12 ‘‘(c) TRANSFERS TO MILITARY PERSONNEL AC13 COUNTS.—(1) The Secretary of Defense may transfer funds

14 to military personnel appropriations for a fiscal year out

15 of funds available to the Department of Defense for that

16 fiscal year under the appropriation ‘Foreign Currency

17 Fluctuations, Defense’.

18 ‘‘(2) This subsection applies with respect to appropria19 tions for fiscal years beginning after September 30, 1995.’’.

20 (b) REVISION AND CODIFICATION OF AUTHORITY FOR

21 TRANSFERS TO FOREIGN CURRENCY FLUCTUATIONS AC22 COUNT.—Section 2779 of such title, as amended by sub23 section (a), is further amended by adding at the end the

24 following:
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1 ‘‘(d) TRANSFERS TO FOREIGN CURRENCY FLUCTUA2 TIONS ACCOUNT.—(1) The Secretary of Defense may trans3 fer to the appropriation ‘Foreign Currency Fluctuations,

4 Defense’ unobligated amounts of funds appropriated for op5 eration and maintenance and unobligated amounts of funds

6 appropriated for military personnel.

7 ‘‘(2) Any transfer from an appropriation under para8 graph (1) shall be made not later than the end of the second

9 fiscal year following the fiscal year for which the appropria10 tion is provided.

11 ‘‘(3) Any transfer made pursuant to the authority pro12 vided in this subsection shall be limited so that the amount

13 in the appropriation ‘Foreign Currency Fluctuations, De14 fense’ does not exceed $970,000,000 at the time such transfer

15 is made.

16 ‘‘(4) This subsection applies with respect to appropria17 tions for fiscal years beginning after September 30, 1995.’’.

18 (c) CONDITIONS OF AVAILABILITY FOR TRANSFERRED

19 FUNDS.—Section 2779 of such title, as amended by sub20 section (b), is further amended by adding at the end the

21 following:

22 ‘‘(e) CONDITIONS OF AVAILABILITY FOR TRANSFERRED

23 FUNDS.—Amounts transferred under subsection (c) or (d)

24 shall be merged with and be available for the same purposes
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1 and for the same period as the appropriations to which

2 transferred.’’.

3 (d) CONFORMING AND TECHNICAL AMENDMENTS.—(1)

4 Section 767A of Public Law 96–527 (94 Stat. 3093) is re5 pealed.

6 (2) Section 791 of the Department of Defense Appro7 priation Act, 1983 (enacted in section 101(c) of Public Law

8 97–377; 96 Stat. 1865) is repealed.

9 (3) Section 2779 of title 10, United States Code, is

10 amended—

11 (A) in subsection (a), by striking out ‘‘(a)(1)’’

12 and inserting in lieu thereof ‘‘(a) TRANSFERS BACK

13 TO FOREIGN CURRENCY FLUCTUATIONS APPROPRIA14 TION.—(1) ’’; and

15 (B) in subsection (b), by striking out ‘‘(b)(1)’’

16 and inserting in lieu thereof ‘‘(b) FUNDING FOR

17 LOSSES IN MILITARY CONSTRUCTION AND FAMILY

18 HOUSING.—(1)’’.

19 SEC. 1007. REPORT ON BUDGET SUBMISSION REGARDING

20 RESERVE COMPONENTS.

21 (a) SPECIAL REPORT.—The Secretary of Defense shall

22 submit to the congressional defense committees, at the same

23 time that the President submits the budget for fiscal year

24 1997 under section 1105(a) of title 31, United States Code,
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1 a special report on funding for the reserve components of

2 the Armed Forces.

3 (b) CONTENT.—The report shall contain the following:

4 (1) The actions taken by the Department of De5 fense to enhance the Army National Guard, the Air

6 National Guard, and each of the other reserve compo7 nents.

8 (2) A separate listing, with respect to the Army

9 National Guard, the Air National Guard, and each of

10 the other reserve components, of each of the following:

11 (A) The specific amount requested for each

12 major weapon system.

13 (B) The specific amount requested for each

14 item of equipment.

15 (C) The specific amount requested for each

16 military construction project, together with the

17 location of each such project.

18 (3) If the total amount reported in accordance

19 with paragraph (2) is less than $1,080,000,000, an

20 additional separate listing described in paragraph (2)

21 in a total amount equal to $1,080,000,000.

22 Subtitle B—Naval Vessels

23 SEC. 1011. IOWA CLASS BATTLESHIPS.

24 (a) RETURN TO NAVAL VESSEL REGISTER.—The Sec25 retary of the Navy shall list on the Naval Vessel Register,
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1 and maintain on such register, at least two of the Iowa

2 class battleships that were stricken from the register in Feb3 ruary 1995.

4 (b) SELECTION OF SHIPS.—The Secretary shall select

5 for listing on the register under subsection (a) the Iowa

6 class battleships that are in the best material condition. In

7 determining which battleships are in the best material con8 dition, the Secretary shall take into consideration the find9 ings of the Board of Inspection and Survey of the Navy,

10 the extent to which each battleship has been modernized

11 during the last period of active service of the battleship, and

12 the military utility of each battleship after the moderniza13 tion.

14 (c) SUPPORT.—The Secretary shall retain the existing

15 logistical support necessary for support of at least two oper16 ational Iowa class battleships in active service, including

17 technical manuals, repair and replacement parts, and ord18 nance.

19 (d) REPLACEMENT CAPABILITY.—The requirements of

20 this section shall cease to be effective 60 days after the Sec21 retary certifies in writing to the Committee on Armed Serv22 ices of the Senate and the Committee on National Security

23 of the House of Representatives that the Navy has within

24 the fleet an operational surface fire support capability that

25 equals or exceeds the fire support capability that the Iowa
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1 class battleships listed on the Naval Vessel Register pursu2 ant to subsection (a) would, if in active service, be able to

3 provide for Marine Corps amphibious assaults and oper4 ations ashore.

5 SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR6 EIGN COUNTRIES.

7 (a) AUTHORITY.—The Secretary of the Navy is author8 ized to transfer—

9 (1) to the Government of Bahrain the Oliver

10 Hazard Perry class guided missile frigate Jack Wil11 liams (FFG 24);

12 (2) to the Government of Egypt the Oliver Haz13 ard Perry class frigates Duncan (FFG 10) and

14 Copeland (FFG 25);

15 (3) to the Government of Oman the Oliver Haz16 ard Perry class guided missile frigate Mahlon S. Tis17 dale (FFG 27);

18 (4) to the Government of Turkey the Oliver Haz19 ard Perry class frigates Clifton Sprague (FFG 16),

20 Antrim (FFG 20), and Flatley (FFG 21); and

21 (5) to the Government of the United Arab Emir22 ates the Oliver Hazard Perry class guided missile

23 frigate Gallery (FFG 26).

24 (b) FORMS OF TRANSFER.—(1) A transfer under para25 graph (1), (2), (3), or (4) of subsection (a) shall be on a
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1 grant basis under section 516 of the Foreign Assistance Act

2 of 1961 (22 U.S.C. 2321j).

3 (2) A transfer under paragraph (5) of subsection (a)

4 shall be on a lease basis under section 61 of the Arms Ex5 port Control Act (22 U.S.C. 2796).

6 (c) COSTS OF TRANSFERS.—Any expense incurred by

7 the United States in connection with a transfer authorized

8 by subsection (a) shall be charged to the recipient.

9 (d) EXPIRATION OF AUTHORITY.—The authority to

10 transfer a vessel under subsection (a) shall expire at the

11 end of the 2-year period beginning on the date of the enact12 ment of this Act, except that a lease entered into during

13 that period under subsection (b)(2) may be renewed.

14 SEC. 1013. NAMING AMPHIBIOUS SHIPS.

15 (a) FINDINGS.—The Senate finds that:

16 (1) This year is the fiftieth anniversary of the

17 battle of Iwo Jima, one of the great victories in all

18 of the Marine Corps’ illustrious history.

19 (2) The Navy has recently retired the ship that

20 honored that battle, the U.S.S. IWO JIMA (LPH–2),

21 the first ship in a class of amphibious assault ships.

22 (3) This Act authorizes the LHD–7, the final

23 ship of the Wasp class of amphibious assault ships

24 that will replace the Iwo Jima class of ships.
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1 (4) The Navy is planning to start building a

2 new class of amphibious transport docks, now called

3 the LPD–17 class. This Act also authorizes funds that

4 will lead to procurement of these vessels.

5 (5) There has been some confusion in the ration6 ale behind naming new naval vessels with traditional

7 naming conventions frequently violated.

8 (6) Although there have been good and sufficient

9 reasons to depart from naming conventions in the

10 past, the rationale for such departures has not always

11 been clear.

12 (b) SENSE OF THE SENATE.—In light of these find13 ings, expressed in subsection (a), it is the sense of the Senate

14 that the Secretary of the Navy should:

15 (1) Name the LHD–7 the U.S.S. IWO JIMA.

16 (2) Name the LPD–17 and all future ships of the

17 LPD–17 class after famous Marine Corps battles or

18 famous Marine Corps heroes.

19 Subtitle C—Counter-Drug Activities

20 SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY

21 FOR FEDERAL SUPPORT OF DRUG INTERDIC22 TION AND COUNTER-DRUG ACTIVITIES OF

23 THE NATIONAL GUARD.

24 (a) FUNDING ASSISTANCE.—Subsection (a) of section

25 112 of title 32, United States Code, is amended—
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1 (1) by striking out ‘‘submits a plan to the Sec2 retary under subsection (b)’’ in the matter above

3 paragraph (1) and inserting in lieu thereof ‘‘submits

4 to the Secretary a State drug interdiction and

5 counter-drug activities plan satisfying the require6 ments of subsection (c)’’;

7 (2) by redesignating paragraph (2) as para8 graph (3); and

9 (3) by striking out paragraph (1) and inserting

10 in lieu thereof the following:

11 ‘‘(1) the pay, allowances, clothing, subsistence,

12 gratuities, travel, and related expenses, as authorized

13 by State law, of personnel of the National Guard of

14 that State used, while not in Federal service, for the

15 purpose of drug interdiction and counter-drug activi16 ties;

17 ‘‘(2) the operation and maintenance of the equip18 ment and facilities of the National Guard of that

19 State used for the purpose of drug interdiction and

20 counter-drug activities; and’’.

21 (b) USE OF PERSONNEL PERFORMING FULL-TIME NA22 TIONAL GUARD DUTY.—Section 112 of such title is amend23 ed—

24 (1) by striking out subsection (e);
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1 (2) by redesignating subsections (b), (c), (d), and

2 (f) as subsections (c), (d), (f), and (g), respectively;

3 and

4 (3) by inserting after subsection (a) the following

5 new subsection (b):

6 ‘‘(b) USE OF PERSONNEL PERFORMING FULL TIME

7 NATIONAL GUARD DUTY.—(1) Subject to subsection (e),

8 personnel of the National Guard of a State may be ordered

9 to perform full-time National Guard duty under section

10 502(f) of this title for the purpose of carrying out drug

11 interdiction and counter-drug activities.

12 ‘‘(2) Under regulations prescribed by the Secretary of

13 Defense, the Governor of a State may, in accordance with

14 the State drug interdiction and counter-drug activities plan

15 referred to in subsection (c), request that personnel of the

16 National Guard of the State be ordered to perform full-time

17 National Guard duty under section 502(f) of this title for

18 the purpose of carrying out drug interdiction and counter19 drug activities.’’.

20 (c) STATE PLAN.—Subsection (c) of such section, as

21 redesignated by subsection (b)(2), is amended—

22 (1) in the matter above paragraph (1), by strik23 ing out ‘‘A plan’’ and inserting in lieu thereof ‘‘A

24 State drug interdiction and counter-drug activities

25 plan’’;
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1 (2) by striking out ‘‘and’’ at the end of para2 graph (2); and

3 (3) in paragraph (3)—

4 (A) by striking out ‘‘annual training’’ and

5 inserting in lieu thereof ‘‘training’’;

6 (B) by striking out the period at the end

7 and inserting in lieu thereof a semicolon; and

8 (C) by adding at the end the following:

9 ‘‘(4) include a certification by the Attorney Gen10 eral of the State (or, in the case of a State with no

11 position of Attorney General, a civilian official of the

12 State equivalent to a State attorney general) that the

13 use of the National Guard of the State for the activi14 ties proposed under the plan is authorized by, and is

15 consistent with, State law; and

16 ‘‘(5) certify that the Governor of the State or a

17 civilian law enforcement official of the State des18 ignated by the Governor has determined that any ac19 tivities included in the plan that are carried out in

20 conjunction with Federal law enforcement agencies

21 serve a State law enforcement purpose.’’.

22 (d) EXAMINATION OF STATE PLAN.—Subsection (d) of

23 such section, as redesignated by subsection (b)(2), is amend24 ed—

25 (1) in paragraph (1)—
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1 (A) by inserting after ‘‘Before funds are

2 provided to the Governor of a State under this

3 section’’ the following: ‘‘and before members of

4 the National Guard of that State are ordered to

5 full-time National Guard duty as authorized in

6 subsection (b)(1)’’; and

7 (B) by striking out ‘‘subsection (b)’’ and in8 serting in lieu thereof ‘‘subsection (c)’’; and

9 (2) in paragraph (3)—

10 (A) by striking out ‘‘subsection (b)’’ in sub11 paragraph (A) and inserting in lieu thereof

12 ‘‘subsection (c)’’; and

13 (B) by striking out subparagraph (B) and

14 inserting in lieu thereof the following:

15 ‘‘(B) pursuant to the plan submitted for a pre16 vious fiscal year, funds were provided to the State in

17 accordance with subsection (a) or personnel of the Na18 tional Guard of the State were ordered to perform

19 full-time National Guard duty in accordance with

20 subsection (b).’’.

21 (e) END STRENGTH LIMITATION.—Such section is

22 amended by inserting after subsection (d), as redesignated

23 by subsection (b)(2), the following new subsection (e):

24 ‘‘(e) END STRENGTH LIMITATION.—(1) Except as pro25 vided in paragraph (2), at the end of a fiscal year there
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1 may not be more than 4000 members of the National

2 Guard—

3 ‘‘(A) on full-time National Guard duty under

4 section 502(f) of this title to perform drug interdic5 tion or counter-drug activities pursuant to an order

6 to duty for a period of more than 180 days; or

7 ‘‘(B) on duty under State authority to perform

8 drug interdiction or counter-drug activities pursuant

9 to an order to duty for a period of more than 180

10 days with State pay and allowances being reimbursed

11 with funds provided under subsection (a)(1).

12 ‘‘(2) The Secretary of Defense may increase the end

13 strength authorized under paragraph (1) by not more than

14 20 percent for any fiscal year if the Secretary determines

15 that such an increase is necessary in the national security

16 interests of the United States.’’.

17 (f) DEFINITIONS.—Subsection (g) of such section, as

18 redesignated by subsection (b)(2), is amended by striking

19 out paragraph (1) and inserting in lieu thereof the follow20 ing:

21 ‘‘(1) The term ‘drug interdiction and counter22 drug activities’, with respect to the National Guard of

23 a State, means the use of National Guard personnel

24 in drug interdiction and counter-drug law enforce-
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1 ment activities authorized by the law of the State and

2 requested by the Governor of the State.’’.

3 SEC. 1022. NATIONAL DRUG INTELLIGENCE CENTER.

4 (a) LIMITATION ON USE OF FUNDS.—Except as pro5 vided in subsection (b), funds appropriated or otherwise

6 made available for the Department of Defense pursuant to

7 this or any other Act may not be obligated or expended for

8 the National Drug Intelligence Center, Johnstown, Penn9 sylvania.

10 (b) EXCEPTION.—If the Attorney General operates the

11 National Drug Intelligence Center using funds available for

12 the Department of Justice, the Secretary of Defense may

13 continue to provide Department of Defense intelligence per14 sonnel to support intelligence activities at the Center. The

15 number of such personnel providing support to the Center

16 after the date of the enactment of this Act may not exceed

17 the number of the Department of Defense intelligence per18 sonnel who are supporting intelligence activities at the Cen19 ter on the day before such date.

20 SEC. 1023. ASSISTANCE TO CUSTOMS SERVICE.

21 (a) NONINTRUSIVE INSPECTION SYSTEMS.—The Sec22 retary of Defense shall, using funds available pursuant to

23 subsection (b), either—
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1 (1) procure nonintrusive inspection systems and

2 transfer the systems to the United States Customs

3 Service; or

4 (2) transfer the funds to the Secretary of the

5 Treasury for use to procure nonintrusive inspection

6 systems for the United States Customs Service.

7 (b) FUNDING.—Of the amounts authorized to be appro8 priated under section 301(15), $25,000,000 shall be avail9 able for carrying out subsection (a).

10 Subtitle D—Department of Defense

11 Education Programs

12 SEC. 1031. CONTINUATION OF THE UNIFORMED SERVICES

13 UNIVERSITY OF THE HEALTH SCIENCES.

14 (a) POLICY.—Congress reaffirms—

15 (1) the prohibition set forth in subsection (a) of

16 section 922 of the National Defense Authorization Act

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

18 2829; 10 U.S.C. 2112 note) regarding closure of the

19 Uniformed Services University of the Health Sciences;

20 and

21 (2) the expression of the sense of Congress set

22 forth in subsection (b) of such section regarding the

23 budgetary commitment to continuation of the univer24 sity.
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1 (b) PERSONNEL STRENGTH.—During the 5-year pe2 riod beginning on October 1, 1995, the personnel staffing

3 levels for the Uniformed Services University of the Health

4 Services may not be reduced below the personnel staffing

5 levels for the university as of October 1, 1993.

6 SEC. 1032. ADDITIONAL GRADUATE SCHOOLS AND PRO7 GRAMS AT THE UNIFORMED SERVICES UNI8 VERSITY OF THE HEALTH SCIENCES.

9 Section 2113 of title 10, United States Code, is amend10 ed by striking out subsection (h) and inserting in lieu there11 of the following:

12 ‘‘(h) The Board may establish the following edu13 cational programs:

14 ‘‘(1) Postdoctoral, postgraduate, and techno15 logical institutes.

16 ‘‘(2) A graduate school of nursing.

17 ‘‘(3) Other schools or programs that the Board

18 determines necessary in order to operate the Univer19 sity in a cost-effective manner.’’.

20 SEC. 1033. FUNDING FOR BASIC ADULT EDUCATION PRO21 GRAMS FOR MILITARY PERSONNEL AND DE22 PENDENTS OUTSIDE THE UNITED STATES.

23 Of the amounts authorized to be appropriated pursu24 ant to section 301, $600,000 shall be available to carry out
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1 adult education programs, consistent with the Adult Edu2 cation Act (20 U.S.C. 1201 et seq.), for—

3 (1) members of the Armed Forces who are serv4 ing in locations that are outside the United States

5 and not described in subsection (b) of such section

6 313; and

7 (2) the dependents of such members.

8 SEC. 1034. SCOPE OF EDUCATION PROGRAMS OF COMMU9 NITY COLLEGE OF THE AIR FORCE.

10 Section 9315(a)(1) of title 10, United States Code, is

11 amended by striking out ‘‘for enlisted members of the armed

12 forces’’ and inserting in lieu thereof ‘‘for enlisted members

13 of the Air Force’’.

14 SEC. 1035. DATE FOR ANNUAL REPORT ON SELECTED RE15 SERVE EDUCATIONAL ASSISTANCE PROGRAM.

16 Section 16137 of title 10, United States Code, is

17 amended by striking out ‘‘December 15 of each year’’ and

18 inserting in lieu thereof ‘‘March 1 of each year’’.

19 SEC. 1036. ESTABLISHMENT OF JUNIOR R.O.T.C. UNITS IN

20 INDIAN RESERVATION SCHOOLS.

21 It is the sense of Congress that the Secretary of Defense

22 should ensure that secondary educational institutions on

23 Indian reservations are afforded a full opportunity along

24 with other secondary educational institutions to be selected
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1 as locations for establishment of new Junior Reserve Offi2 cers’ Training Corps units.

3 Subtitle E—Cooperative Threat Re4 duction With States of the

5 Former Soviet Union

6 SEC. 1041. COOPERATIVE THREAT REDUCTION PROGRAMS

7 DEFINED.

8 For purposes of this subtitle, Cooperative Threat Re9 duction programs are the programs described in section

10 1203(b) of the Cooperative Threat Reduction Act of 1993

11 (title XII of Public Law 103–160; 107 Stat. 1778; 22 U.S.C.

12 5952(b)).

13 SEC. 1042. FUNDING MATTERS.

14 (a) LIMITATION.—Funds authorized to be appro15 priated under section 301(18) may not be obligated for any

16 program established primarily to assist nuclear weapons

17 scientists in States of the former Soviet Union until 30 days

18 after the date on which the Secretary of Defense certifies

19 in writing to Congress that the funds to be obligated will

20 not be used to contribute to the modernization of the strate21 gic nuclear forces of such States or for research, develop22 ment, or production of weapons of mass destruction.

23 (b) REIMBURSEMENT OF PAY ACCOUNTS.—Funds au24 thorized to be appropriated under section 301(18) may be

25 transferred to military personnel accounts for reimburse-
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1 ment of those accounts for the pay and allowances paid to

2 reserve component personnel for service while engaged in

3 any activity under a Cooperative Threat Reduction pro4 gram.

5 SEC. 1043. LIMITATION RELATING TO OFFENSIVE BIOLOGI6 CAL WARFARE PROGRAM OF RUSSIA.

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

8 (1) Even though the President of Russia and

9 other senior leaders of the Russian government have

10 committed Russia to comply with the Biological

11 Weapons Convention, a June 1995 United States

12 Government report asserts that official United States

13 concern remains about the Russian biological warfare

14 program.

15 (2) In reviewing the President’s budget request

16 for fiscal year 1996 for Cooperative Threat Reduction,

17 and consistent with the finding in section 1207(a)(5)

18 of the National Defense Authorization Act for Fiscal

19 Year 1995 (Public Law 103–337; 108 Stat. 2884), the

20 Senate has taken into consideration the questions and

21 concerns about Russia’s biological warfare program

22 and Russia’s compliance with the obligations under

23 the Biological Weapons Convention.

24 (b) LIMITATION ON USE OF FUNDS FOR COOPERATIVE

25 THREAT REDUCTION.—Of the amount available under sec-
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1 tion 301(18) for Cooperative Threat Reduction programs,

2 $50,000,000 shall be reserved and not obligated until the

3 President certifies to Congress that Russia is in compliance

4 with the obligations under the Biological Weapons Conven5 tion.

6 SEC. 1044. LIMITATION ON USE OF FUNDS FOR COOPERA7 TIVE THREAT REDUCTION.

8 (a) LIMITATION.—Of the funds appropriated or other9 wise made available for fiscal year 1996 under the heading

10 ‘‘FORMER SOVIET UNION THREAT REDUCTION’’ for dis11 mantlement and destruction of chemical weapons, not more

12 than $52,000,000 may be obligated or expended for that

13 purpose until the President certifies to Congress the follow14 ing:

15 (1) That the United States and Russia have

16 completed a joint laboratory study evaluating the pro17 posal of Russia to neutralize its chemical weapons

18 and the United States agrees with the proposal.

19 (2) That Russia is in the process of preparing,

20 with the assistance of the United States (if necessary),

21 a comprehensive plan to manage the dismantlement

22 and destruction of the Russia chemical weapons stock23 pile.

24 (3) That the United States and Russia are com25 mitted to resolving outstanding issues under the 1989
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1 Wyoming Memorandum of Understanding and the

2 1990 Bilateral Destruction Agreement.

3 (b) DEFINITIONS.—In this section:

4 (1) The term ‘‘1989 Wyoming Memorandum of

5 Understanding’’ means the Memorandum of Under6 standing between the Government of the United States

7 of America and the Government of the Union of So8 viet Socialist Republics Regarding a Bilateral Ver9 ification Experiment and Data Exchange Related to

10 Prohibition on Chemical Weapons, signed at Jackson

11 Hole, Wyoming, on September 23, 1989.

12 (2) The term ‘‘1990 Bilateral Destruction Agree13 ment’’ means the Agreement between the United

14 States of America and the Union of Soviet Socialist

15 Republics on destruction and non-production of chem16 ical weapons and on measures to facilitate the multi17 lateral convention on banning chemical weapons

18 signed on June 1, 1990.

19 Subtitle F—Matters Relating to

20 Other Nations

21 SEC. 1051. COOPERATIVE RESEARCH AND DEVELOPMENT

22 AGREEMENTS WITH NATO ORGANIZATIONS.

23 Section 2350b(e) of title 10, United States Code, is

24 amended—
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1 (1) in paragraph (1), by inserting ‘‘or a NATO

2 organization’’ after ‘‘a participant (other than the

3 United States)’’; and

4 (2) in paragraph (2), by inserting ‘‘or a NATO

5 organization’’ after ‘‘a cooperative project’’.

6 SEC. 1052. NATIONAL SECURITY IMPLICATIONS OF UNITED

7 STATES EXPORT CONTROL POLICY.

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

9 (1) Export controls remain an important ele10 ment of the national security policy of the United

11 States.

12 (2) It is in the national interest that United

13 States export control policy prevent the transfer, to

14 potential adversaries or combatants of the United

15 States, of technology that threatens the national secu16 rity or defense of the United States.

17 (3) It is in the national interest that the United

18 States monitor aggressively the export of technology

19 in order to prevent its diversion to potential adver20 saries or combatants of the United States.

21 (4) The Department of Defense relies increas22 ingly on commercial and dual-use technologies, prod23 ucts, and processes to support United States military

24 capabilities and economic strength.
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1 (5) The Department of Defense evaluates license

2 applications for the export of commodities whose ex3 port is controlled for national security reasons if such

4 commodities are exported to certain countries, but the

5 Department does not evaluate license applications for

6 the export of such commodities if such commodities

7 are exported to other countries.

8 (b) SENSE OF CONGRESS.—It is the sense of Congress

9 that—

10 (1) the maintenance of the military advantage of

11 the United States depends on effective export controls

12 on dual-use items and technologies that are critical to

13 the military capabilities of the Armed Forces;

14 (2) the Government should identify the dual-use

15 items and technologies that are critical to the mili16 tary capabilities of the Armed Forces, including the

17 military use made of such items and technologies, and

18 should reevaluate the export control policy of the

19 United States in light of such identification; and

20 (3) the Government should utilize unilateral ex21 port controls on dual-use items and technologies that

22 are critical to the military capabilities of the Armed

23 Forces (regardless of the availability of such items or

24 technologies overseas) with respect to the countries

25 that—
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1 (A) pose a threat to the national security

2 interests of the United States; and

3 (B) are not members in good standing of bi4 lateral or multilateral agreements to which the

5 United States is a party on the use of such items

6 and technologies.

7 (c) REPORT REQUIRED.—(1) Not later than December

8 1, 1995, the Secretary of Defense shall submit to the Com9 mittees on Armed Services and on Foreign Relations of the

10 Senate and the Committees on National Security and on

11 International Relations of the House of Representatives a

12 report on the effect of the export control policy of the United

13 States on the national security interests of the United

14 States.

15 (2) The report shall include the following:

16 (A) A list setting forth each country determined

17 to be a rogue nation or potential adversary or com18 batant of the United States.

19 (B) For each country so listed, a list of—

20 (i) the categories of items that should be

21 prohibited for export to the country;

22 (ii) the categories of items that should be ex23 ported to the country only under an individual

24 license with conditions; and
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1 (iii) the categories of items that may be ex2 ported to the country under a general distribu3 tion license.

4 (C) For each category of items listed under

5 clauses (ii) and (iii) of subparagraph (B)—

6 (i) a statement whether export controls on

7 the category of items are to be imposed under a

8 multilateral international agreement or a unilat9 eral decision of the United States; and

10 (ii) a justification for the decision not to

11 prohibit the export of the items to the country.

12 (D) A description of United States policy on

13 sharing satellite imagery that has military signifi14 cance and a discussion of the criteria for determining

15 the imagery that has that significance.

16 (E) A description of the relationship between

17 United States policy on the export of space launch ve18 hicle technology and the Missile Technology Control

19 Regime.

20 (F) An assessment of United States efforts to

21 support the inclusion of additional countries in the

22 Missile Technology Control Regime.

23 (G) An assessment of the on-going efforts made

24 by potential participant countries in the Missile
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1 Technology Control Regime to meet the guidelines es2 tablished by the Missile Technology Control Regime.

3 (H) A brief discussion of the history of the space

4 launch vehicle programs of other countries, including

5 a discussion of the military origins and purposes of

6 such programs and the current level of military in7 volvement in such programs.

8 (3) The Secretary shall submit the report in unclassi9 fied form but may include a classified annex.

10 (4) In this subsection, the term ‘‘Missile Technology

11 Control Regime’’ means the policy statement between the

12 United States , the United Kingdom, the Federal Republic

13 of Germany, France, Italy, Canada, and Japan, announced

14 on April 16, 1987, to restrict sensitive missile-relevant

15 transfers based on the Missile Technology Control Regime

16 Annex, and any amendments thereto.

17 (d) DEPARTMENT OF DEFENSE REVIEW OF EXPORT

18 LICENSES FOR CERTAIN BIOLOGICAL PATHOGENS.—(1)

19 Notwithstanding any other provision of law, the Secretary

20 of Defense shall, in consultation with appropriate elements

21 of the intelligence community, review each application that

22 is submitted to the Secretary of Commerce for an individual

23 validated license for the export of a class 2, class 3, or class

24 4 biological pathogen to a country known or suspected to

25 have an offensive biological weapons program. The purpose
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1 of the review is to determine if the export of the pathogen

2 pursuant to the license would be contrary to the national

3 security interests of the United States.

4 (2) The Secretary of Defense, in consultation with the

5 Secretary of State and the intelligence community, shall pe6 riodically inform the Secretary of Commerce as to the coun7 tries known or suspected to have an offensive biological

8 weapons program.

9 (3) In order to facilitate the review of an application

10 for an export license by appropriate elements of the intel11 ligence committee under paragraph (1), the Secretary of De12 fense shall submit a copy of the application to such appro13 priate elements.

14 (4) The Secretary of Defense shall carry out the review

15 of an application under this subsection not later than 30

16 days after the date on which the Secretary of Commerce

17 forwards a copy of the application to the Secretary of De18 fense for review.

19 (5) Upon completion of the review of an application

20 for an export license under this subsection, the Secretary

21 of Defense shall notify the Secretary of Commerce if the ex22 port of a biological pathogen pursuant to the license would

23 be contrary to the national security interests of the United

24 States.
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1 (6) Notwithstanding any other provision of law, upon

2 receipt of a notification with respect to an application for

3 an export license under paragraph (5), the Secretary of

4 Commerce shall deny the application.

5 (7) In this subsection:

6 (A) The term ‘‘class 2, class 3, or class 4 biologi7 cal pathogen’’ means any biological pathogen charac8 terized as a class 2, class 3, or class 4 biological

9 pathogen by the Centers for Disease Control.

10 (B) The term ‘‘intelligence community’’ has the

11 meaning given such term in section 3(4) of the Na12 tional Security Act of 1947 (50 U.S.C. 401a(4).

13 SEC. 1053. DEFENSE EXPORT LOAN GUARANTEES.

14 (a) ESTABLISHMENT OF PROGRAM.—(1) Chapter 148

15 of title 10, United States Code, is amended by adding at

16 the end the following new subchapter:

17 ‘‘SUBCHAPTER VI—DEFENSE EXPORT LOAN

18 GUARANTEES

‘‘Sec.

‘‘2540. Establishment of loan guarantee program.

‘‘2540a. Transferability.

‘‘2540b. Limitations.

‘‘2540c. Fees charged and collected.

‘‘2540d. Definitions.

19 ‘‘§ 2540. Establishment of loan guarantee program

20 ‘‘(a) ESTABLISHMENT.—In order to meet the national

21 security objectives in section 2501(a) of this title, the Sec22 retary of Defense shall establish a program under which the
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1 Secretary may issue guarantees assuring a lender against

2 losses of principal or interest, or both principal and inter3 est, arising out of the financing of the sale or long-term

4 lease of defense articles, defense services, or design and con5 struction services to a country referred to in subsection (b).

6 ‘‘(b) COVERED COUNTRIES.—The authority under sub7 section (a) applies with respect to the following countries:

8 ‘‘(1) A member nation of the North Atlantic

9 Treaty Organization (NATO).

10 ‘‘(2) A country designated as of March 31, 1995,

11 as a major non-NATO ally pursuant to section

12 2350a(i)(3) of this title.

13 ‘‘(3) A country in Central Europe that, as deter14 mined by the Secretary of State—

15 ‘‘(A) has changed its form of national gov16 ernment from a nondemocratic form of govern17 ment to a democratic form of government since

18 October 1, 1989; or

19 ‘‘(B) is in the processing of changing its

20 form of national government from a

21 nondemocratic form of government to a demo22 cratic form of government.

23 ‘‘(4) A noncommunist country that was a mem24 ber nation of the Asia Pacific Economic Cooperation

25 (APEC) as of October 31, 1993.
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1 ‘‘(c) AUTHORITY SUBJECT TO PROVISIONS OF APPRO2 PRIATIONS.—The Secretary may guarantee a loan under

3 this subchapter only as provided in appropriations Acts.

4 ‘‘§ 2540a. Transferability

5 ‘‘A guarantee issued under this subchapter shall be

6 fully and freely transferable.

7 ‘‘§ 2540b. Limitations

8 ‘‘(a) TERMS AND CONDITIONS OF LOAN GUARAN9 TEES.—In issuing a guarantee under this subchapter for

10 a medium-term or long-term loan, the Secretary may not

11 offer terms and conditions more beneficial than those that

12 would be provided to the recipient by the Export-Import

13 Bank of the United States under similar circumstances in

14 conjunction with the provision of guarantees for nondefense

15 articles and services.

16 ‘‘(b) LOSSES ARISING FROM FRAUD OR MISREPRE17 SENTATION.—No payment may be made under a guarantee

18 issued under this subchapter for a loss arising out of fraud

19 or misrepresentation for which the party seeking payment

20 is responsible.

21 ‘‘(c) NO RIGHT OF ACCELERATION.—The Secretary of

22 Defense may not accelerate any guaranteed loan or incre23 ment, and may not pay any amount, in respect of a guar24 antee issued under this subchapter, other than in accord25 ance with the original payment terms of the loan.
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1 ‘‘§ 2540c. Fees charged and collected

2 ‘‘(a) IN GENERAL.—The Secretary of Defense shall

3 charge a fee (known as ‘exposure fee’) for each guarantee

4 issued under this subchapter.

5 ‘‘(b) AMOUNT.—To the extent that the cost of the loan

6 guarantees under this subchapter is not otherwise provided

7 for in appropriations Acts, the fee imposed under this sec8 tion with respect to a loan guarantee shall be fixed in an

9 amount determined by the Secretary to be sufficient to meet

10 potential liabilities of the United States under the loan

11 guarantee.

12 ‘‘(c) PAYMENT TERMS.—The fee for each guarantee

13 shall become due as the guarantee is issued. In the case of

14 a guarantee for a loan which is disbursed incrementally,

15 and for which the guarantee is correspondingly issued in16 crementally as portions of the loan are disbursed, the fee

17 shall be paid incrementally in proportion to the amount

18 of the guarantee that is issued.

19 ‘‘§ 2540d. Definitions

20 ‘‘In this subchapter:

21 ‘‘(1) The terms ‘defense article’, ‘defense services’,

22 and ‘design and construction services’ have the mean23 ings given those terms in section 47 of the Arms Ex24 port Control Act (22 U.S.C. 2794).

25 ‘‘(2) The term ‘cost’, with respect to a loan guar26 antee, has the meaning given that term in section 502
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1 of the Congressional Budget and Impoundment Con2 trol Act of 1974 (2 U.S.C. 661a).’’.

3 (2) The table of subchapters at the beginning of such

4 chapter is amended by adding at the end the following new

5 item:

‘‘VI. Defense Export Loan Guarantees ........................................................... 2540’’.

6 (b) REPORT.—(1) Not later than two years after the

7 date of the enactment of this Act, the President shall submit

8 to Congress a report on the loan guarantee program estab9 lished pursuant to section 2540 of title 10, United States

10 Code, as added by subsection (a).

11 (2) The report shall include—

12 (A) an analysis of the costs and benefits of the

13 loan guarantee program; and

14 (B) any recommendations for modification of the

15 program that the President considers appropriate, in16 cluding—

17 (i) any recommended addition to the list of

18 countries for which a guarantee may be issued

19 under the program; and

20 (ii) any proposed legislation necessary to

21 authorize a recommended modification.

22 SEC. 1054. LANDMINE CLEARING ASSISTANCE PROGRAM.

23 (a) REVISION OF AUTHORITY.—Section 1413 of the

24 National Defense Authorization Act for Fiscal Year 1995
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1 (Public Law 103–337; 108 Stat. 2913; 10 U.S.C. 401 note)

2 is amended by adding at the end the following:

3 ‘‘(f) SPECIAL REQUIREMENTS FOR FISCAL YEAR

4 1996.—Funds available for fiscal year 1996 for the pro5 gram under subsection (a) may not be obligated for involve6 ment of members of the Armed Forces in an activity under

7 the program until the date that is 30 days after the date

8 on which the Secretary of Defense certifies to Congress, in

9 writing, that the involvement of such personnel in the activ10 ity satisfies military training requirements for such person11 nel.

12 ‘‘(g) TERMINATION OF AUTHORITY.—The Secretary of

13 Defense may not provide assistance under subsection (a)

14 after September 30, 1996.’’.

15 (b) REVISION OF DEFINITION OF LANDMINE.—Section

16 1423(d)(3) of the National Defense Authorization Act for

17 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1831)

18 is amended by striking out ‘‘by remote control or’’.

19 (c) FISCAL YEAR 1996 FUNDING.—Of the amount au20 thorized to be appropriated by section 301 for Overseas Hu21 manitarian, Disaster, and Civic Aid (OHDACA) programs

22 of the Department of Defense, not more than $20,000,000

23 shall be available for the program of assistance under sec24 tion 1413 of the National Defense Authorization Act for Fis-
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1 cal Year 1995 (Public Law 103–337; 108 Stat. 2913; 10

2 U.S.C. 401 note).

3 SEC. 1055. STRATEGIC COOPERATION BETWEEN THE

4 UNITED STATES AND ISRAEL.

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

6 (1) The President and Congress have repeatedly

7 declared the long-standing United States commitment

8 to maintaining the qualitative superiority of the Is9 rael Defense Forces over any combination of potential

10 adversaries.

11 (2) Congress continues to recognize the many

12 benefits to the United States from its strategic rela13 tionship with Israel, including that of enhanced re14 gional stability and technical cooperation.

15 (3) Despite the historic peace effort in which Is16 rael and its neighbors are engaged, Israel continues to

17 face severe potential threats to its national security

18 that are compounded by terrorism and by the pro19 liferation of weapons of mass destruction and ballistic

20 missiles.

21 (4) Congress supports enhanced United States

22 cooperation with Israel in all fields and, especially,

23 in finding new ways to deter or counter mutual

24 threats.
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress

2 that—

3 (1) the President should ensure that any conven4 tional defense system or technology offered by the

5 United States for sale to any member nation of the

6 North Atlantic Treaty Organization (NATO) or to

7 any major non-NATO ally is concurrently made

8 available for purchase by Israel unless the President

9 determines that it would not be in the national secu10 rity interests of the United States to do so; and

11 (2) the President should make available to Israel,

12 within existing technology transfer laws, regulations,

13 and policies, advanced United States technology nec14 essary for achieving continued progress in cooperative

15 United States-Israel research and development of the16 ater missile defenses.

17 SEC. 1056. SUPPORT SERVICES FOR THE NAVY AT THE PORT

18 OF HAIFA, ISRAEL.

19 It is the sense of Congress that the Secretary of the

20 Navy should promptly undertake such actions as are nec21 essary—

22 (1) to improve the services available to the Navy

23 at the Port of Haifa, Israel; and

24 (2) to ensure that the continuing increase in

25 commercial activities at the Port of Haifa does not
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1 adversely affect the availability to the Navy of the

2 services required by the Navy at the port.

3 SEC. 1057. PROHIBITION ON ASSISTANCE TO TERRORIST

4 COUNTRIES.

5 (a) PROHIBITION.—Subchapter I of chapter 134 of

6 title 10, United States Code, is amended by adding at the

7 end the following:

8 ‘‘§ 2249a. Prohibition on assistance to terrorist coun9 tries

10 ‘‘(a) PROHIBITION.—Funds available to the Depart11 ment of Defense may not be obligated or expended to provide

12 financial assistance to—

13 ‘‘(1) any country with respect to which the Sec14 retary of State has made a determination under sec15 tion 6(j)(1)(A) of the Export Administration Act of

16 1979 (50 App. 2405(j));

17 ‘‘(2) any country identified in the latest report

18 submitted to Congress under section 140 of the For19 eign Relations Authorization Act, Fiscal Years 1988

20 and 1989 (22 U.S.C. 2656f), as providing significant

21 support for international terrorism; or

22 ‘‘(3) any other country that, as determined by

23 the President—
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1 ‘‘(A) grants sanctuary from prosecution to

2 any individual or group that has committed an

3 act of international terrorism; or

4 ‘‘(B) otherwise supports international ter5 rorism.

6 ‘‘(b) WAIVER.—(1) The President may waive the ap7 plication of subsection (a) to a country if the President de8 termines that it is in the national security interests of the

9 United States to do so or that the waiver should be granted

10 for humanitarian reasons.

11 ‘‘(2) The President shall—

12 ‘‘(A) notify the Committees on Armed Services

13 and Foreign Relations of the Senate and the Commit14 tees on National Security and on International Rela15 tions of the House of Representatives at least 15 days

16 before the waiver takes effect; and

17 ‘‘(B) publish a notice of the waiver in the Fed18 eral Register.

19 ‘‘(c) DEFINITION.—In this section, the term ‘inter20 national terrorism’ has the meaning given that term in sec21 tion 140(d) of the Foreign Relations Authorization Act, Fis22 cal Years 1988 and 1989 (22 U.S.C. 2656f(d)).’’.

23 (b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of subchapter I of such chapter is amended

25 by adding at the end the following:

‘‘2249a. Prohibition on assistance to terrorist countries.’’.
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1 SEC. 1058. INTERNATIONAL MILITARY EDUCATION AND

2 TRAINING.

3 (a) SENSE OF CONGRESS.—It is the sense of Congress

4 that—

5 (1) it is in the national security interest of the

6 United States to promote military professionalism

7 (including an understanding of and respect for the

8 proper role of the military in a civilian-led demo9 cratic society), the effective management of defense re10 sources, the recognition of internationally recognized

11 human rights, and an effective military justice system

12 within the armed forces of allies of the United States

13 and of countries friendly to the United States;

14 (2) it is in the national security interest of the

15 United States to foster rapport, understanding, and

16 cooperation between the Armed Forces of the United

17 States and the armed forces of allies of the United

18 States and of countries friendly to the United States;

19 (3) the international military education and

20 training program is a low-cost method of promoting

21 military professionalism within the armed forces of

22 allies of the United States and of countries friendly

23 to the United States and fostering better relations be24 tween the Armed Forces of the United States and

25 those armed forces;
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1 (4) the dissolution of the Soviet Union and the

2 Warsaw Pact alliance and the spread of democracy in

3 the Western Hemisphere have created an opportunity

4 to promote the military professionalism of the armed

5 forces of the affected nations;

6 (5) funding for the international military edu7 cation and training program of the United States has

8 decreased dramatically in recent years;

9 (6) the decrease in funding for the international

10 military education and training program has re11 sulted in a major decrease in the participation of per12 sonnel from Asia, Latin America, and Africa in the

13 program;

14 (7) the Chairman of the Joint Chiefs of Staff

15 and the commanders in chief of the regional combat16 ant commands have consistently testified before con17 gressional committees that the international military

18 education and training program fosters cooperation

19 with and improves military management, civilian

20 control over the military forces, and respect for

21 human rights within foreign military forces; and

22 (8) the delegation by the President to the Sec23 retary of Defense of authority to perform functions re24 lating to the international military education and
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1 training program is appropriate and should be con2 tinued.

3 (b) ACTIVITIES AUTHORIZED.—(1) Part I of subtitle

4 A of title 10, United States Code, is amended by adding

5 at the end the following:

6 ‘‘CHAPTER 23—CONTACTS UNDER PRO7 GRAMS IN SUPPORT OF FOREIGN MILI8 TARY FORCES

‘‘Sec.

‘‘461. Military-to-military contacts and comparable activities.

‘‘462. International military education and training.

9 ‘‘§ 462. International military education and training

10 ‘‘(a) PROGRAM AUTHORITY.—Subject to the provisions

11 of chapter 5 of part II of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2347 et seq.), the Secretary of Defense, upon the

13 recommendation of a commander of a combatant command,

14 or, with respect to a geographic area or areas not within

15 the area of responsibility of a commander of a combatant

16 command, upon the recommendation of the Chairman of

17 the Joint Chiefs of Staff, may pay a portion of the costs

18 of providing international military education and training

19 to military personnel of foreign countries and to civilian

20 personnel of foreign countries who perform national defense

21 functions.

22 ‘‘(b) RELATIONSHIP TO OTHER FUNDING.—Any

23 amount provided pursuant to subsection (a) shall be in ad-
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1 dition to amounts otherwise available for international

2 military education and training for that fiscal year.’’.

3 (2) Section 168 of title 10, United States Code, is re4 designated as section 461, is transferred to chapter 23 (as

5 added by paragraph (1)), and is inserted after the table

6 of sections at the beginning of such chapter.

7 (3)(A) The tables of chapters at the beginning of sub8 title A of such title and the beginning of part I of such

9 subtitle are amended by inserting after the item relating

10 to chapter 22 the following:

‘‘23. Contacts Under Programs in Support of Foreign Military Forces ..... 461’’.

11 (B) The table of sections at the beginning of chapter

12 6 of title 10, United States Code, is amended by striking

13 out the item relating to section 168.

14 (c) FISCAL YEAR 1996 FUNDING.—Of the amount au15 thorized to be appropriated under section 301(5),

16 $20,000,000 shall be available to the Secretary of Defense

17 for the purposes of carrying out activities under section 462

18 of title 10, United States Code, as added by subsection (b).

19 (d) RELATIONSHIP TO AUTHORITY OF SECRETARY OF

20 STATE.—Nothing in this section or section 462 of title 10,

21 United States Code (as added by subsection (b)(1)), shall

22 impair the authority or ability of the Secretary of State

23 to coordinate policy regarding international military edu24 cation and training programs.
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1 SEC. 1059. REPEAL OF LIMITATION REGARDING AMERICAN

2 DIPLOMATIC FACILITIES IN GERMANY.

3 Section 1432 of the National Defense Authorization

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

5 1833) is repealed.

6 SEC. 1060. IMPLEMENTATION OF ARMS CONTROL AGREE7 MENTS.

8 (a) FUNDING.—Of the amounts authorized to be ap9 propriated under sections 102, 103, 104, 201, and 301,

10 $228,900,000 shall be available for implementing arms con11 trol agreements to which the United States is a party.

12 (b) LIMITATION.—(1) Except as provided in para13 graph (2), none of the funds authorized to be appropriated

14 under subsection (a) for the costs of implementing an arms

15 control agreement may be used to reimburse expenses in16 curred by any other party to the agreement for which, with17 out regard to any executive agreement or any policy not

18 part of an arms control agreement—

19 (A) the other party is responsible under the

20 terms of the arms control agreement; and

21 (B) the United States has no responsibility

22 under the agreement.

23 (2) The limitation in paragraph (1) does not apply

24 to a use of funds to fulfill a policy of the United States

25 to reimburse expenses incurred by another party to an arms

26 control agreement if—
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1 (A) the policy does not modify any obligation

2 imposed by the arms control agreement;

3 (B) the President—

4 (i) issued or approved the policy before the

5 date of the enactment of this Act; or

6 (ii) has entered into an agreement on the

7 policy with the government of another country or

8 has approved an agreement on the policy entered

9 into by an official of the United States and the

10 government of another country; and

11 (C) the President has notified the congressional

12 defense committees, the Committee on Foreign Rela13 tions of the Senate, and the Committee on Inter14 national Relations of the House of Representatives of

15 the policy or the policy agreement (as the case may

16 be), in writing, at least 30 days before the date on

17 which the President issued or approved the policy or

18 has entered into or approved the policy agreement.

19 (c) DEFINITIONS.—In this section:

20 (1) The term ‘‘arms control agreement’’ means

21 an arms control treaty or other form of international

22 arms control agreement.

23 (2) The term ‘‘executive agreement’’ is an inter24 national agreement entered into by the President that

25 is not authorized by statute or approved by the Sen-
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1 ate under Article II, section 2, clause 2 of the Con2 stitution.

3 SEC. 1061. SENSE OF CONGRESS ON LIMITING THE PLAC4 ING OF UNITED STATES FORCES UNDER

5 UNITED NATIONS COMMAND OR CONTROL.

6 (a) FINDINGS.—Congress finds that—

7 (1) the President has made United Nations peace

8 operations a major component of the foreign and se9 curity policies of the United States;

10 (2) the President has committed United States

11 military personnel under United Nations operational

12 control to missions in Haiti, Croatia, and Macedonia

13 that could endanger those personnel;

14 (3) the President has committed the United

15 States to deploy as many as 25,000 military person16 nel to Bosnia-Herzegovina as peacekeepers under

17 United Nations command and control in the event

18 that the parties to that conflict reach a peace agree19 ment;

20 (4) although the President has insisted that he

21 will retain command of United States forces at all

22 times, in the past this has meant administrative con23 trol of United States forces only, while operational

24 control has been ceded to United Nations command25 ers, some of whom were foreign nationals;
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1 (5) the experience of United States forces partici2 pating in combined United States-United Nations op3 erations in Somalia, and in combined United Na4 tions-NATO operations in the former Yugoslavia,

5 demonstrate that prerequisites for effective military

6 operations such as unity of command and clarity of

7 mission have not been met by United Nations com8 mand and control arrangements; and

9 (6) despite the many deficiencies in the conduct

10 of United Nations peace operations, there may be oc11 casions when it is in the national security interests

12 of the United States to participate in such operations.

13 (b) POLICY.—It is the sense of Congress that—

14 (1) the President should consult closely with

15 Congress regarding any United Nations peace oper16 ation that could involve United States combat forces,

17 and that such consultations should continue through18 out the duration of such activities;

19 (2) the President should consult with Congress

20 prior to a vote within the United Nations Security

21 Council on any resolution which would authorize, ex22 tend, or revise the mandates for such activities;

23 (3) in view of the complexity of United Nations

24 peace operations and the difficulty of achieving unity

25 of command and expeditious decisionmaking, the
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1 United States should participate in such operations

2 only when it is clearly in the national security inter3 est to do so;

4 (4) United States combat forces should be under

5 the operational control of qualified commanders and

6 should have clear and effective command and control

7 arrangements and rules of engagement (which do not

8 restrict their self-defense in any way) and clear and

9 unambiguous mission statements; and

10 (5) none of the Armed Forces of the United

11 States should be under the operational control of for12 eign nationals in United Nations peace enforcement

13 operations except in the most extraordinary cir14 cumstances.

15 (c) DEFINITIONS.—For purposes of this section—

16 (1) the term ‘‘United Nations peace enforcement

17 operations’’ means any international peace enforce18 ment or similar activity that is authorized by the

19 United Nations Security Council under chapter VII

20 of the Charter of the United Nations; and

21 (2) the term ‘‘United Nations peace operations’’

22 means any international peacekeeping, peacemaking,

23 peace enforcement, or similar activity that is author24 ized by the United Nations Security Council under
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1 chapter VI or VII of the Charter of the United Na2 tions.

3 SEC. 1062. SENSE OF SENATE ON PROTECTION OF UNITED

4 STATES FROM BALLISTIC MISSILE ATTACK.

5 (a) FINDINGS.—The Senate makes the following find6 ings:

7 (1) The proliferation of weapons of mass destruc8 tion and ballistic missiles presents a threat to the en9 tire World.

10 (2) This threat was recognized by Secretary of

11 Defense William J. Perry in February 1995 in the

12 Annual Report to the President and the Congress

13 which states that ‘‘[b]eyond the five declared nuclear

14 weapons states, at least 20 other nations have ac15 quired or are attempting to acquire weapons of mass

16 destruction—nuclear, biological, or chemical weap17 ons—and the means to deliver them. In fact, in most

18 areas where United States forces could potentially be

19 engaged on a large scale, many of the most likely ad20 versaries already possess chemical and biological

21 weapons. Moreover, some of these same states appear

22 determined to acquire nuclear weapons.’’.

23 (3) At a summit in Moscow in May 1995, Presi24 dent Clinton and President Yeltsin commented on this

25 threat in a Joint Statement which recognizes
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1 ‘‘ . . . the threat posed by worldwide proliferation of

2 missiles and missile technology and the necessity of

3 counteracting this threat . . . ’’.

4 (4) At least 25 countries may be developing

5 weapons of mass destruction and the delivery systems

6 for such weapons.

7 (5) At least 24 countries have chemical weapons

8 programs in various stages of research and develop9 ment.

10 (6) Approximately 10 countries are believed to

11 have biological weapons programs in various stages of

12 development.

13 (7) At least 10 countries are reportedly interested

14 in the development of nuclear weapons.

15 (8) Several countries recognize that weapons of

16 mass destruction and missiles increase their ability to

17 deter, coerce, or otherwise threaten the United States.

18 Saddam Hussein recognized this when he stated, on

19 May 8, 1990, that ‘‘[o]ur missiles cannot reach Wash20 ington. If they could reach Washington, we would

21 strike it if the need arose.’’.

22 (9) International regimes like the Non-Prolifera23 tion Treaty, the Biological Weapons Convention, and

24 the Missile Technology Control Regime, while effec25 tive, cannot by themselves halt the spread of weapons
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1 and technology. On January 10, 1995, Director of

2 Central Intelligence, James Woolsey, said with regard

3 to Russia that ‘‘ . . . we are particularly concerned

4 with the safety of nuclear, chemical, and biological

5 materials as well as highly enriched uranium or plu6 tonium, although I want to stress that this is a global

7 problem. For example, highly enriched uranium was

8 recently stolen from South Africa, and last month

9 Czech authorities recovered three kilograms of 87.8

10 percent-enriched HEU in the Czech Republic—the

11 largest seizure of near-weapons grade material to date

12 outside the Former Soviet Union.’’.

13 (10) The possession of weapons of mass destruc14 tion and missiles by developing countries threatens

15 our friends, allies, and forces abroad and will ulti16 mately threaten the United States directly. On August

17 11, 1994, Deputy Secretary of Defense John Deutch

18 said that ‘‘[i]f the North Koreans field the Taepo

19 Dong 2 missile, Guam, Alaska, and parts of Hawaii

20 would potentially be at risk.’’.

21 (11) The end of the Cold War has changed the

22 strategic environment facing and between the United

23 States and Russia. That the Clinton Administration

24 believes the environment to have changed was made

25 clear by Secretary of Defense William J. Perry on
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1 September 20, 1994, when he stated that ‘‘[w]e now

2 have the opportunity to create a new relationship,

3 based not on MAD, not on Mutual Assured Destruc4 tion, but rather on another acronym, MAS, or Mutual

5 Assured Safety.’’.

6 (12) The United States and Russia have the op7 portunity to create a relationship based on trust rath8 er than fear.

9 (b) SENSE OF SENATE.—It is the sense of the Senate

10 that all Americans should be protected from accidental, in11 tentional, or limited ballistic missile attack. It is the further

12 sense of the Senate that front-line troops of the United

13 States Armed Forces should be protected from missile at14 tacks.

15 (c) FUNDING FOR CORPS SAM AND BOOST-PHASE IN16 TERCEPTOR PROGRAMS.—

17 (1) Notwithstanding any other provision in this

18 Act, of the funds authorized to be appropriated by sec19 tion 201(4), $35,000,000 shall be available for the

20 Corps SAM/MEADS program.

21 (2) With a portion of the funds authorized in

22 paragraph (1) for the Corps SAM/MEADS program,

23 the Secretary of Defense shall conduct a study to de24 termine whether a Theater Missile Defense system de25 rived from Patriot technologies could fulfill the Corps
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1 SAM/MEADS requirements at a lower estimated life2 cycle cost than is estimated for the cost of the United

3 States portion of the Corps SAM/MEADS program.

4 (3) The Secretary shall provide a report on the

5 study required under paragraph (2) to the congres6 sional defense committees not later than March 1,

7 1996.

8 (4) Of the funds authorized to be appropriated

9 by section 201(4), not more than $3,403,413,000 shall

10 be available for missile defense programs within the

11 Ballistic Missile Defense Organization.

12 (d) OBLIGATION OF FUNDS.—Of the amounts referred

13 to in section (c)(1), $10,000,000 may not be obligated until

14 the report referred to in subsection (c)(2) is submitted to

15 the congressional defense committees.

16 SEC. 1063. IRAN AND IRAQ ARMS NONPROLIFERATION.

17 (a) SANCTIONS AGAINST TRANSFERS OF PERSONS.—

18 Section 1604(a) of the Iran–Iraq Arms Non-Proliferation

19 Act of 1992 (title XVI of Public Law 102–484; 50 U.S.C.

20 1701 note) is amended by inserting ‘‘to acquire chemical,

21 biological, or nuclear weapons or’’ before ‘‘to acquire’’.

22 (b) SANCTIONS AGAINST TRANSFERS OF FOREIGN

23 COUNTRIES.—Section 1605(a) of such Act is amended by

24 inserting ‘‘to acquire chemical, biological, or nuclear weap25 ons or’’ before ‘‘to acquire’’.
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1 (c) CLARIFICATION OF UNITED STATES ASSIST2 ANCE.—Subparagraph (A) of section 1608(7) of such Act

3 is amended to read as follows:

4 ‘‘(A) any assistance under the Foreign As5 sistance Act of 1961 (22 U.S.C. 2151 et seq.),

6 other than urgent humanitarian assistance or

7 medicine;’’.

8 SEC. 1064. REPORTS ON ARMS EXPORT CONTROL AND MILI9 TARY ASSISTANCE.

10 (a) REPORTS BY SECRETARY OF STATE.—Not later

11 than 180 days after the date of the enactment of this Act

12 and every year thereafter until 1998, the Secretary of State

13 shall submit to Congress a report setting forth—

14 (1) an organizational plan to include those firms

15 on the Department of State licensing watch-lists

16 that—

17 (A) engage in the exportation of potentially

18 sensitive or dual-use technologies; and

19 (B) have been identified or tracked by simi20 lar systems maintained by the Department of

21 Defense, Department of Commerce, or the United

22 States Customs Service; and

23 (2) further measures to be taken to strengthen

24 United States export-control mechanisms.
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1 (b) REPORTS BY INSPECTOR GENERAL.—(1) Not later

2 than 180 days after the date of the enactment of this Act

3 and 1 year thereafter, the Inspector General of the Depart4 ment of State and the Foreign Service shall submit to Con5 gress a report on the evaluation by the Inspector General

6 of the effectiveness of the watch-list screening process at the

7 Department of State during the preceding year. The report

8 shall be submitted in both a classified and unclassified ver9 sion.

10 (2) Each report under paragraph (1) shall—

11 (A) set forth the number of licenses granted to

12 parties on the watch-list;

13 (B) set forth the number of end-use checks per14 formed by the Department;

15 (C) assess the screening process used by the De16 partment in granting a license when an applicant is

17 on a watch-list; and

18 (D) assess the extent to which the watch-list con19 tains all relevant information and parties required by

20 statute or regulation.

21 (c) ANNUAL MILITARY ASSISTANCE REPORT.—The

22 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is

23 amended by inserting after section 654 the following new

24 section:
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1 ‘‘SEC. 655 ANNUAL MILITARY ASSISTANCE REPORT.

2 ‘‘(a) IN GENERAL.—Not later than February 1 of 1996

3 and 1997, the President shall transmit to Congress an an4 nual report for the fiscal year ending the previous Septem5 ber 30, showing the aggregate dollar value and quantity of

6 defense articles (including excess defense articles) and de7 fense services, and of military education and training, fur8 nished by the United States to each foreign country and

9 international organization, by category, specifying whether

10 they were furnished by grant under chapter 2 or chapter

11 5 of part II of this Act or by sale under chapter 2 of the

12 Arms Control Export Control Act or authorized by commer13 cial sale license under section 38 of that Act.

14 ‘‘(b) ADDITIONAL CONTENTS OF REPORTS.—Each re15 port shall also include the total amount of military items

16 of non-United States manufacture being imported into the

17 United States. The report should contain the country of ori18 gin, the type of item being imported, and the total amount

19 of items.’’.

20 Subtitle G—Repeal of Certain

21 Reporting Requirements

22 SEC. 1071. REPORTS REQUIRED BY TITLE 10, UNITED

23 STATES CODE.

24 (a) ANNUAL REPORT ON RELOCATION ASSISTANCE

25 PROGRAMS.—Section 1056 of title 10, United States Code,

26 is amended—
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1 (1) by striking out subsection (f); and

2 (2) by redesignating subsection (g) as subsection

3 (f).

4 (b) NOTICE OF SALARY INCREASES FOR FOREIGN NA5 TIONAL EMPLOYEES.—Section 1584 of such title is amend6 ed—

7 (1) by striking out subsection (b); and

8 (2) in subsection (a), by striking out ‘‘(a) WAIV9 ER OF EMPLOYMENT RESTRICTIONS FOR CERTAIN

10 PERSONNEL.—’’.

11 (c) NOTICE OF INVOLUNTARY REDUCTIONS OF CIVIL12 IAN POSITIONS.—Section 1597 of such title is amended by

13 striking out subsection (e).

14 (d) NOTIFICATION OF REQUIREMENT FOR AWARD OF

15 CONTRACTS TO COMPLY WITH COOPERATIVE AGREE16 MENTS.—Section 2350b(d) of such title is amended—

17 (1) by striking out paragraph (1);

18 (2) by redesignating paragraphs (2) and (3) as

19 paragraphs (1) and (2), respectively; and

20 (3) in paragraph (1), as so redesignated, by

21 striking out ‘‘shall also notify’’ and inserting in lieu

22 thereof ‘‘shall notify’’.

23 (e) NOTICE REGARDING CONTRACTS PERFORMED FOR

24 PERIODS EXCEEDING 10 YEARS.—(1) Section 2352 of such

25 title is repealed.
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1 (2) The table of sections at the beginning of chapter

2 139 of such title is amended by striking out the item relat3 ing to section 2352.

4 (f) ANNUAL REPORT ON BIOLOGICAL DEFENSE RE5 SEARCH PROGRAM.—(1) Section 2370 of such title is re6 pealed.

7 (2) The table of sections at the beginning of chapter

8 139 of such title is amended by striking out the item relat9 ing to section 2370.

10 (g) ANNUAL REPORT ON MILITARY BASE REUSE

11 STUDIES AND PLANNING ASSISTANCE.—Section 2391 of

12 such title is amended—

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

14 (2) by redesignating subsections (d) and (e) as

15 subsections (c) and (d), respectively.

16 (h) COMPILATION OF REPORTS FILED BY EMPLOYEES

17 OR FORMER EMPLOYEES OF DEFENSE CONTRACTORS.—

18 Section 2397 of such title is amended—

19 (1) by striking out subsection (e); and

20 (2) by redesignating subsection (f) as subsection

21 (e).

22 (i) REPORT ON LOW-RATE PRODUCTION UNDER

23 NAVAL VESSEL AND MILITARY SATELLITE PROGRAMS.—

24 Section 2400(c) of such title is amended—

25 (1) by striking out paragraph (2); and
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1 (2) in paragraph (1)—

2 (A) by striking out ‘‘(1)’’; and

3 (B) by redesignating clauses (A) and (B) as

4 clauses (1) and (2), respectively.

5 (j) REPORT ON WAIVERS OF PROHIBITION ON EM6 PLOYMENT OF FELONS.—Section 2408(a)(3) of such title is

7 amended by striking out the second sentence.

8 (k) REPORT ON DETERMINATION NOT TO DEBAR FOR

9 FRAUDULENT USE OF LABELS.—Section 2410f(a) of such

10 title is amended by striking out the second sentence.

11 (l) ANNUAL REPORT ON WAIVERS OF PROHIBITION

12 RELATING TO SECONDARY ARAB BOYCOTT.—Section

13 2410i(c) of such title is amended by striking out the second

14 sentence.

15 (m) REPORT ON ADJUSTMENT OF AMOUNTS DEFINING

16 MAJOR DEFENSE ACQUISITION PROGRAMS.—Section

17 2430(b) of such title is amended by striking out the second

18 sentence.

19 (n) BUDGET DOCUMENTS ON WEAPONS DEVELOPMENT

20 AND PROCUREMENT SCHEDULES.—(1) Section 2431 of such

21 title is repealed.

22 (2) The table of sections at the beginning of chapter

23 144 of such title is amended by striking out the item relat24 ing to section 2431.
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1 (o) NOTICE OF WAIVER OF LIMITATION ON PERFORM2 ANCE OF DEPOT-LEVEL MAINTENANCE.—Section 2466(c) of

3 such title is amended by striking out ‘‘and notifies Congress

4 regarding the reasons for the waiver’’.

5 (p) ANNUAL REPORT ON INFORMATION ON FOREIGN6 CONTROLLED CONTRACTORS.—Section 2537 of such title is

7 amended—

8 (1) by striking out subsection (b); and

9 (2) by redesignating subsection (c) as subsection

10 (b).

11 (q) ANNUAL REPORT ON REAL PROPERTY TRANS12 ACTIONS.—Section 2662 of such title is amended—

13 (1) by striking out subsection (b); and

14 (2) by redesignating subsections (c), (d), (e), and

15 (f) as subsections (b), (c), (d), and (e), respectively.

16 (r) NOTIFICATIONS AND REPORTS ON ARCHITECTURAL

17 AND ENGINEERING SERVICES AND CONSTRUCTION DE18 SIGN.—Section 2807 of such title is amended—

19 (1) by striking out subsections (b) and (c); and

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

21 (c).

22 (s) REPORT ON CONSTRUCTION PROJECTS FOR ENVI23 RONMENTAL RESPONSE ACTIONS.—Section 2810 of such

24 title is amended—
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1 (1) in subsection (a), by striking out ‘‘Subject to

2 subsection (b), the Secretary’’ and inserting in lieu

3 thereof ‘‘The Secretary’’;

4 (2) by striking out subsection (b); and

5 (3) by redesignating subsection (c) as subsection

6 (b).

7 (t) NOTICE OF MILITARY CONSTRUCTION CONTRACTS

8 ON GUAM.—Section 2864(b) of such title is amended by

9 striking out ‘‘after the 21-day period’’ and all that follows

10 through the period at the end and inserting in lieu thereof

11 a period.

12 (u) ANNUAL REPORT ON ENERGY SAVINGS AT MILI13 TARY INSTALLATIONS.—Section 2865 of such title is amend14 ed by striking out subsection (f).

15 SEC. 1072. REPORTS REQUIRED BY TITLE 37, UNITED

16 STATES CODE, AND RELATED PROVISIONS OF

17 DEFENSE AUTHORIZATION ACTS.

18 (a) ANNUAL REPORT ON TRAVEL AND TRANSPOR19 TATION ALLOWANCES FOR DEPENDENTS.—Section 406 of

20 title 37, United States Code, is amended by striking out

21 subsection (i).

22 (b) REPORT ON ANNUAL REVIEW OF PAY AND ALLOW23 ANCES.—Section 1008(a) of such title is amended by strik24 ing out the second sentence.
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1 (c) REPORT ON QUADRENNIAL REVIEW OF ADJUST2 MENTS IN COMPENSATION.—Section 1009(f) of such title is

3 amended by striking out ‘‘of this title,’’ and all that follows

4 through the period at the end and inserting in lieu thereof

5 ‘‘of this title.’’.

6 (d) PUBLIC LAW 101–189 REQUIREMENT FOR REPORT

7 REGARDING SPECIAL PAY FOR ARMY, NAVY, AND AIR

8 FORCE PSYCHOLOGISTS.—Section 704 of the National De9 fense Authorization Act for Fiscal Years 1990 and 1991

10 (Public Law 101–189; 103 Stat. 1471; 37 U.S.C. 302c note)

11 is amended by striking out subsection (d).

12 (e) PUBLIC LAW 101–510 REQUIREMENT FOR REPORT

13 REGARDING SPECIAL PAY FOR NURSE ANESTHETISTS.—

14 Section 614 of the National Defense Authorization Act for

15 Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1577;

16 37 U.S.C. 302e note) is amended by striking out subsection

17 (c).

18 SEC. 1073. REPORTS REQUIRED BY OTHER DEFENSE AU19 THORIZATION AND APPROPRIATIONS ACTS.

20 (a) PUBLIC LAW 98–94 REQUIREMENT FOR ANNUAL

21 REPORT ON CHAMPUS AND USTF MEDICAL CARE.—Sec22 tion 1252 of the Department of Defense Authorization Act,

23 1984 (Public Law 98–94; 42 U.S.C. 248d) is amended by

24 striking out subsection (d).
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1 (b) PUBLIC LAW 99–661 REQUIREMENT FOR REPORT

2 ON FUNDING FOR NICARAGUAN DEMOCRATIC RESIST3 ANCE.—Section 1351 of the National Defense Authorization

4 Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat.

5 3995; 10 U.S.C. 114 note) is amended—

6 (1) by striking out subsection (b); and

7 (2) in subsection (a), by striking out ‘‘(a) LIMI8 TATION.—’’.

9 (c) PUBLIC LAW 100–180 REQUIREMENT FOR SE10 LECTED ACQUISITION REPORTS FOR ATB, ACM, AND ATA

11 PROGRAMS.—Section 127 of the National Defense Author12 ization Act for Fiscal Years 1988 and 1989 (10 U.S.C. 2432

13 note) is repealed.

14 (d) PUBLIC LAW 101–189 REQUIREMENT FOR NOTIFI15 CATION OF CLOSURE OF MILITARY CHILD DEVELOPMENT

16 CENTERS.—Section 1505(f) of the National Defense Author17 ization Act for Fiscal Years 1990 and 1991 (Public Law

18 101–189; 103 Stat. 1594; 10 U.S.C. 113 note) is amended

19 by striking out paragraph (3).

20 (e) PUBLIC LAW 101–510 REQUIREMENT FOR ANNUAL

21 REPORT ON OVERSEAS MILITARY FACILITY INVESTMENT

22 RECOVERY ACCOUNT.—Section 2921 of the Military Con23 struction Authorization Act for Fiscal Year 1991 (division

24 B of Public Law 101–510; 10 U.S.C. 2687 note) is amend25 ed—
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1 (1) by striking out subsection (f); and

2 (2) by redesignating subsections (g) and (h) as

3 subsections (f) and (g), respectively.

4 (f) PUBLIC LAW 102–190 REQUIREMENT FOR

5 SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION

6 MASTER PLAN.—Section 829 of the National Defense Au7 thorization Act for Fiscal Years 1992 and 1993 (Public

8 Law 102–190; 105 Stat. 1444; 10 U.S.C. 2192 note) is re9 pealed.

10 (g) PUBLIC LAW 102–484 REQUIREMENT FOR REPORT

11 RELATING TO USE OF CLASS I OZONE-DEPLETING SUB12 STANCES IN MILITARY PROCUREMENTS.—Section 326(a) of

13 the National Defense Authorization Act for Fiscal Year

14 1993 (Public Law 102–484; 106 Stat. 2368; 10 U.S.C. 301

15 note) is amended by striking out paragraphs (4) and (5).

16 (h) PUBLIC LAW 103–139 REQUIREMENT FOR REPORT

17 REGARDING HEATING FACILITY MODERNIZATION AT

18 KAISERSLAUTERN.—Section 8008 of the Department of De19 fense Appropriations Act, 1994 (Public Law 103–139; 107

20 Stat. 1438), is amended by inserting ‘‘but without regard

21 to the notification requirement in subsection (b)(2) of such

22 section,’’ after ‘‘section 2690 of title 10, United States

23 Code,’’.
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1 SEC. 1074. REPORTS REQUIRED BY OTHER NATIONAL SECU2 RITY LAWS.

3 (a) ARMS EXPORT CONTROL ACT REQUIREMENT FOR

4 QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTI5 MATES.—Section 28 of the Arms Export Control Act (22

6 U.S.C. 2768) is repealed.

7 (b) NATIONAL SECURITY AGENCY ACT OF 1959 RE8 QUIREMENT FOR ANNUAL REPORT ON NSA EXECUTIVE

9 PERSONNEL.—Section 12(a) of the National Security Agen10 cy Act of 1959 (50 U.S.C. 402 note) is amended by striking

11 out paragraph (5).

12 (c) PUBLIC LAW 85–804 REQUIREMENT FOR REPORT

13 ON OMISSION OF CONTRACT CLAUSE UNDER SPECIAL NA14 TIONAL DEFENSE CONTRACTING AUTHORITY.—Section 3(b)

15 of the Act of August 28, 1958 (50 U.S.C. 1433(b)), is

16 amended by striking out the matter following paragraph

17 (2).

18 SEC. 1075. REPORTS REQUIRED BY OTHER PROVISIONS OF

19 THE UNITED STATES CODE.

20 Section 1352(f) of title 31, United States Code, is

21 amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’;

23 (2) by striking out the second sentence; and

24 (3) by adding at the end the following:

25 ‘‘(2) Subsections (a)(6) and (d) do not apply to the

26 Department of Defense.’’.
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1 SEC. 1076. REPORTS REQUIRED BY OTHER PROVISIONS OF

2 LAW.

3 (a) PANAMA CANAL ACT OF 1979 REQUIREMENT FOR

4 ANNUAL REPORT REGARDING UNITED STATES TREATY

5 RIGHTS AND OBLIGATIONS.—Section 3301 of the Panama

6 Canal Act of 1979 (22 U.S.C. 3871) is repealed.

7 (b) PUBLIC LAW 91–611 REQUIREMENT FOR ANNUAL

8 REPORT ON WATER RESOURCES PROJECT AGREEMENTS.—

9 Section 221 of the Flood Control Act of 1970 (42 U.S.C.

10 1962d–5b) is amended—

11 (1) by striking out subsection (e); and

12 (2) by redesignating subsection (f) as subsection

13 (e).

14 (c) PUBLIC LAW 94–587 REQUIREMENT FOR ANNUAL

15 REPORT ON CONSTRUCTION OF TENNESSEE-TOMBIGBEE

16 WATERWAY.—Section 185 of the Water Resources Develop17 ment Act of 1976 (Public Law 94–587; 33 U.S.C. 544c)

18 is amended by striking out the second sentence.

19 (d) PUBLIC LAW 100–333 REQUIREMENT FOR ANNUAL

20 REPORT ON MONITORING OF NAVY HOME PORT WATERS.—

21 Section 7 of the Organotin Antifouling Paint Control Act

22 of 1988 (Public Law 100–333; 33 U.S.C. 2406) is amend23 ed—

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

25 (2) by redesignating subsections (e) and (f) as

26 subsections (d) and (e), respectively.
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1 SEC. 1077. REPORTS REQUIRED BY JOINT COMMITTEE ON

2 PRINTING.

3 Requirements for submission of the following reports

4 imposed in the exercise of authority under section 103 of

5 title 44, United States Code, do not apply to the Depart6 ment of Defense:

7 (1) A notice of intent to apply new printing

8 processes.

9 (2) A report on equipment acquisition or trans10 fer.

11 (3) A printing plant report.

12 (4) A report on stored equipment.

13 (5) A report on jobs which exceed Joint Commit14 tee on Printing duplicating limitations.

15 (6) A notice of intent to contract for printing

16 services.

17 (7) Research and development plans.

18 (8) A report on commercial printing.

19 (9) A report on collator acquisition.

20 (10) An annual plant inventory.

21 (11) An annual map or chart plant report.

22 (12) A report on activation or moving a print23 ing plant.

24 (13) An equipment installation notice.

25 (14) A report on excess equipment.
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1 Subtitle H—Other Matters

2 SEC. 1081. GLOBAL POSITIONING SYSTEM.

3 The Secretary of Defense shall turn off the selective

4 availability feature of the global positioning system by May

5 1, 1996, unless the Secretary submits to the Committee on

6 Armed Services of the Senate and the Committee on Na7 tional Security of the House of Representatives a plan

8 that—

9 (1) provides for development and acquisition

10 of—

11 (A) effective capabilities to deny hostile

12 military forces the ability to use the global posi13 tioning system without hindering the ability of

14 United States military forces and civil users to

15 exploit the system; and

16 (B) global positioning system receivers and

17 other techniques for weapons and weapon sys18 tems that provide substantially improved resist19 ance to jamming and other forms of electronic

20 interference or disruption; and

21 (2) includes a specific date by which the Sec22 retary of Defense intends to complete the acquisition

23 of the capabilities described in paragraph (1).
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1 SEC. 1082. LIMITATION ON RETIREMENT OR DISMANTLE2 MENT OF STRATEGIC NUCLEAR DELIVERY

3 SYSTEMS.

4 (a) SENSE OF CONGRESS.—It is the sense of Congress

5 that, unless and until the START II Treaty enters into

6 force, the Secretary of Defense should not take any action

7 to retire or dismantle, or to prepare to retire or dismantle,

8 any of the following strategic nuclear delivery systems:

9 (1) B-52H bomber aircraft.

10 (2) Trident ballistic missile submarines.

11 (3) Minuteman III intercontinental ballistic

12 missiles.

13 (4) Peacekeeper intercontinental ballistic mis14 siles.

15 (b) LIMITATION ON USE OF FUNDS.—Funds available

16 to the Department of Defense may not be obligated or ex17 pended during fiscal year 1996 for retiring or dismantling,

18 or for preparing to retire or dismantle, any of the strategic

19 nuclear delivery systems specified in subsection (a).

20 SEC. 1083. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI21 TIES PILOT PROGRAM.

22 Section 1091(a) of the National Defense Authorization

23 Act for Fiscal Year 1993 (Public Law 102–484; 32 U.S.C.

24 501 note) is amended by striking out ‘‘through 1995’’ and

25 inserting in lieu thereof ‘‘through 1997’’.
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1 SEC. 1084. REPORT ON DEPARTMENT OF DEFENSE BOARDS

2 AND COMMISSIONS.

3 (a) REPORT ON BOARDS AND COMMISSIONS RECEIV4 ING DEPARTMENT SUPPORT.—Not later than April 1, 1996,

5 the Secretary of Defense shall submit to the Committee on

6 Armed Services of the Senate and the Committee on Na7 tional Security of the House of Representatives a report

8 containing the following:

9 (1) A list of the boards and commissions de10 scribed in subsection (b) that received support (in11 cluding funds, equipment, materiel, or other assets, or

12 personnel) from the Department of Defense in last full

13 fiscal year preceding the date of the report.

14 (2) A list of the boards and commissions referred

15 to in paragraph (1) that are determined by the Sec16 retary to merit continued support from the Depart17 ment.

18 (3) A description, for each board and commis19 sion listed under paragraph (2), of—

20 (A) the purpose of the board or commission;

21 (B) the nature and cost of the support pro22 vided by the Department to the board or commis23 sion in the last full fiscal year preceding the date

24 of the report;
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1 (C) the nature and duration of the support

2 that the Secretary proposes to provide to the

3 board or commission;

4 (D) the anticipated cost to the Department

5 of providing such support; and

6 (E) a justification of the determination that

7 the board or commission merits the support of

8 the Department.

9 (4) A list of the boards and commissions referred

10 to in paragraph (1) that are determined by the Sec11 retary not to merit continued support from the De12 partment.

13 (5) A description, for each board and commis14 sion listed under paragraph (4), of—

15 (A) the purpose of the board or commission;

16 (B) the nature and cost of the support pro17 vided by the Department to the board or commis18 sion in the last full fiscal year preceding the date

19 of the report; and

20 (C) a justification of the determination that

21 the board or commission does not merit the sup22 port of the Department.

23 (b) COVERED BOARDS.—Subsection (a)(1) applies to

24 the boards and commissions, including boards and commis-
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1 sions authorized by law, operating within or for the Depart2 ment of Defense that—

3 (1) provide only policy-making assistance or ad4 visory services for the Department; or

5 (2) carry out activities that are not routine ac6 tivities, on-going activities, or activities necessary to

7 the routine, on-going operations of the Department.

8 SEC. 1085. REVISION OF AUTHORITY FOR PROVIDING ARMY

9 SUPPORT FOR THE NATIONAL SCIENCE CEN10 TER FOR COMMUNICATIONS AND ELEC11 TRONICS.

12 (a) PURPOSE.—Subsection (b)(2) of section 1459 of the

13 Department of Defense Authorization Act, 1986 (Public

14 Law 99–145; 99 Stat. 763) is amended by striking out ‘‘to

15 make available’’ and all that follows and inserting in lieu

16 thereof ‘‘to provide for the management, operation, and

17 maintenance of those areas in the national science center

18 that are designated for use by the Army and to provide inci19 dental support for the operation of general use areas of the

20 center.’’.

21 (b) AUTHORITY FOR SUPPORT.—Subsection (c) of such

22 section is amended to read a follows:

23 ‘‘(c) NATIONAL SCIENCE CENTER.—(1) The Secretary

24 may manage, operate, and maintain facilities at the center

25 under terms and conditions prescribed by the Secretary for
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1 the purpose of conducting educational outreach programs

2 in accordance with chapter 111 of title 10, United States

3 Code.

4 ‘‘(2) The Foundation, or NSC Discovery Center, Incor5 porated, shall submit to the Secretary for review and ap6 proval all matters pertaining to the acquisition, design,

7 renovation, equipping, and furnishing of the center, includ8 ing all plans, specifications, contracts, sites, and materials

9 for the center.’’.

10 (c) AUTHORITY FOR ACCEPTANCE OF GIFTS AND

11 FUNDRAISING.—Subsection (d) of such section is amended

12 to read as follows:

13 ‘‘(d) GIFTS AND FUNDRAISING.—(1) Subject to para14 graph (3), the Secretary may accept a conditional donation

15 of money or property that is made for the benefit of, or

16 in connection with, the center.

17 ‘‘(2) Notwithstanding any other provision of law, the

18 Secretary may endorse, promote, and assist the efforts of

19 the Foundation and NSC Discovery Center, Incorporated,

20 to obtain—

21 ‘‘(A) funds for the management, operation, and

22 maintenance of the center; and

23 ‘‘(B) donations of exhibits, equipment, and other

24 property for use in the center.
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1 ‘‘(3) The Secretary may not accept a donation under

2 this subsection that is made subject to—

3 ‘‘(A) any condition that is inconsistent with an

4 applicable law or regulation; or

5 ‘‘(B) except to the extent provided in appropria6 tions Acts, any condition that would necessitate an

7 expenditure of appropriated funds.

8 ‘‘(4) The Secretary shall prescribe in regulations the

9 criteria to be used in determining whether to accept a dona10 tion. The Secretary shall include criteria to ensure that ac11 ceptance of a donation does not establish an unfavorable

12 appearance regarding the fairness and objectivity with

13 which the Secretary or any other officer or employee of the

14 Department of Defense performs official responsibilities and

15 does not compromise or appear to compromise the integrity

16 of a Government program or any official involved in that

17 program.’’.

18 (d) AUTHORIZED USES.—Such section is amended—

19 (1) by striking out subsection (f);

20 (2) by redesignating subsection (g) as subsection

21 (f); and

22 (3) in subsection (f), as redesignated by para23 graph (2), by inserting ‘‘areas designated for Army

24 use in’’ after ‘‘The Secretary may make’’.
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1 (e) ALTERNATIVE OF ADDITIONAL DEVELOPMENT AND

2 MANAGEMENT.—Such section, as amended by subsection

3 (d), is further amended by adding at the end the following:

4 ‘‘(g) ALTERNATIVE OR ADDITIONAL DEVELOPMENT

5 AND MANAGEMENT OF THE CENTER.—(1) The Secretary

6 may enter into an agreement with NSC Discovery Center,

7 Incorporated, a nonprofit corporation of the State of Geor8 gia, to develop, manage, and maintain a national science

9 center under this section. In entering into an agreement

10 with NSC Discovery Center, Incorporated, the Secretary

11 may agree to any term or condition to which the Secretary

12 is authorized under this section to agree for purposes of en13 tering into an agreement with the Foundation.

14 ‘‘(2) The Secretary may exercise the authority under

15 paragraph (1) in addition to, or instead of, exercising the

16 authority provided under this section to enter into an agree17 ment with the Foundation.’’.

18 SEC. 1086. AUTHORITY TO SUSPEND OR TERMINATE COL19 LECTION ACTIONS AGAINST DECEASED MEM20 BERS.

21 Section 3711 of title 31, United States Code, is amend22 ed by adding at the end the following:

23 ‘‘(g)(1) The Secretary of Defense may suspend or ter24 minate an action by the Department of Defense under this

25 section to collect a claim against the estate of a person who
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1 died while serving on active duty as a member of the armed

2 forces if the Secretary determines that, under the cir3 cumstances applicable with respect to the deceased person,

4 it is appropriate to do so.

5 ‘‘(2) For purposes of this subsection, the terms ‘armed

6 forces’ and ‘active duty’ have the meanings given such terms

7 in section 101 of title 10.’’.

8 SEC. 1087. DAMAGE OR LOSS TO PERSONAL PROPERTY DUE

9 TO EMERGENCY EVACUATION OR EXTRAOR10 DINARY CIRCUMSTANCES.

11 (a) SETTLEMENT OF CLAIMS OF PERSONNEL.—Sec12 tion 3721(b)(1) of title 31, United States Code, is amended

13 by inserting after the first sentence the following: ‘‘If, how14 ever, the claim arose from an emergency evacuation or from

15 extraordinary circumstances, the amount settled and paid

16 under the authority of the preceding sentence may exceed

17 $40,000, but may not exceed $100,000.’’.

18 (b) RETROACTIVE EFFECTIVE DATE.—The amendment

19 made by subsection (a) shall take effect as of June 1, 1991,

20 and shall apply with respect to claims arising on or after

21 that date.
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1 SEC. 1088. CHECK CASHING AND EXCHANGE TRANS2 ACTIONS FOR DEPENDENTS OF UNITED

3 STATES GOVERNMENT PERSONNEL.

4 (a) AUTHORITY TO CARRY OUT TRANSACTIONS.—Sub5 section (b) of section 3342 of title 31, United States Code,

6 is amended—

7 (1) by redesignating paragraphs (3), (4), and (5)

8 as paragraphs (4), (5), and (6), respectively; and

9 (2) by inserting after paragraph (2) the follow10 ing new paragraph:

11 ‘‘(3) a dependent of personnel of the Government,

12 but only—

13 ‘‘(A) at a United States installation at

14 which adequate banking facilities are not avail15 able; and

16 ‘‘(B) in the case of negotiation of negotiable

17 instruments, if the dependent’s sponsor author18 izes, in writing, the presentation of negotiable

19 instruments to the disbursing official for negotia20 tion.’’.

21 (b) PAY OFFSET.—Subsection (c) of such section is

22 amended—

23 (1) by redesignating paragraph (3) as para24 graph (4); and

25 (2) by inserting after paragraph (2) the follow26 ing new paragraph (3):
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1 ‘‘(3) The amount of any deficiency resulting from cash2 ing a check for a dependent under subsection (b)(3), includ3 ing any charges assessed against the disbursing official by

4 a financial institution for insufficient funds to pay the

5 check, may be offset from the pay of the dependent’s spon6 sor.’’.

7 (c) DEFINITIONS.—Such section is further amended by

8 adding at the end the following:

9 ‘‘(e) The Secretary of Defense shall define in regula10 tions the terms ‘dependent’ and ‘sponsor’ for the purposes

11 of this section. In the regulations, the term ‘dependent’, with

12 respect to a member of a uniformed service, shall have the

13 meaning given that term in section 401 of title 37.’’.

14 SEC. 1089. TRAVEL OF DISABLED VETERANS ON MILITARY

15 AIRCRAFT.

16 (a) LIMITED ENTITLEMENT.—Chapter 157 of title 10,

17 United States Code, is amended by inserting after section

18 2641 the following new section:

19 ‘‘§ 2641a. Travel of disabled veterans on military air20 craft

21 ‘‘(a) LIMITED ENTITLEMENT.—A veteran entitled

22 under laws administered by the Secretary of Veterans Af23 fairs to receive compensation for a service-connected disabil24 ity rated as total by the Secretary is entitled, in the same

25 manner and to the same extent as retired members of the
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1 armed forces, to transportation (on a space-available basis)

2 on unscheduled military flights within the continental

3 United States and on scheduled overseas flights operated by

4 the Military Airlift Command.

5 ‘‘(b) DEFINITIONS.—In this section, the terms ‘vet6 eran’, ‘compensation’, and ‘service-connected’ have the

7 meanings given such terms in section 101 of title 38.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections, at

9 the beginning of such chapter, is amended by inserting after

10 the item relating to section 2641 the following new item:

‘‘2641a. Travel of disabled veterans on military aircraft.’’.

11 SEC. 1090. TRANSPORTATION OF CRIPPLED CHILDREN IN

12 PACIFIC RIM REGION TO HAWAII FOR MEDI13 CAL CARE.

14 (a) TRANSPORTATION AUTHORIZED.—Chapter 157 of

15 title 10, United States Code, is amended by adding at the

16 end the following new section:

17 ‘‘§ 2643. Transportation of crippled children in Pa18 cific Rim region to Hawaii for medical

19 care

20 ‘‘(a) TRANSPORTATION AUTHORIZED.—Subject to sub21 section (c), the Secretary of Defense may provide persons

22 eligible under subsection (b) with round trip transportation

23 in an aircraft of the Department of Defense, on a space24 available basis, between an airport in the Pacific Rim re-
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1 gion and the State of Hawaii. No charge may be imposed

2 for transportation provided under this section.

3 ‘‘(b) PERSONS COVERED.—Persons eligible to be pro4 vided transportation under this section are as follows:

5 ‘‘(1) A child under 18 years of age who (A) re6 sides in the Pacific Rim region, (B) is a crippled

7 child in need of specialized medical care for the

8 child’s condition as a crippled child, which may in9 clude any associated or related condition, (C) upon

10 arrival in Hawaii, is to be admitted to receive such

11 medical care, at no cost to the patient, at a medical

12 facility in Honolulu, Hawaii, that specializes in pro13 viding such medical care, and (D) is unable to afford

14 the costs of transportation to Hawaii.

15 ‘‘(2) One adult attendant accompanying a child

16 transported under this section.

17 ‘‘(c) CONDITIONS.—The Secretary may provide trans18 portation under subsection (a) only if the Secretary deter19 mines that—

20 ‘‘(1) it is not inconsistent with the foreign policy

21 of the United States to do so;

22 ‘‘(2) the transportation is for humanitarian pur23 poses;

24 ‘‘(3) the health of the child to be transported is

25 sufficient for the child to endure safely the stress of
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1 travel for the necessary distance in the Department of

2 Defense aircraft involved;

3 ‘‘(4) all authorizations, permits, and other docu4 ments necessary for admission of the child at the med5 ical treatment facility referred to in subsection

6 (b)(1)(C) are in order;

7 ‘‘(5) all necessary passports and visas necessary

8 for departure from the residences of the persons to be

9 transported and from the airport of departure, for

10 entry into the United States, for reentry into the

11 country of departure, and for return to the persons’

12 residences are in proper order; and

13 ‘‘(6) arrangements have been made to ensure

14 that—

15 ‘‘(A) the persons to be transported will

16 board the aircraft on the schedule established by

17 the Secretary; and

18 ‘‘(B) the persons—

19 ‘‘(i) will be met and escorted to the

20 medical treatment facility by appropriate

21 personnel of the facility upon the arrival of

22 the aircraft in Hawaii; and

23 ‘‘(ii) will be returned to the airport in

24 Hawaii for transportation (on the schedule
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1 established by the Secretary) back to the

2 country of departure.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of such chapter is amended by adding at the

5 end the following new item:

‘‘2643. Transportation of crippled children in Pacific Rim region to Hawaii for

medical care.’’.

6 SEC. 1091. STUDENT INFORMATION FOR RECRUITING PUR7 POSES.

8 (a) SENSE OF SENATE.—It is the sense of the Senate

9 that—

10 (1) educational institutions, including secondary

11 schools, should not have a policy of denying, or other12 wise effectively preventing, the Secretary of Defense

13 from obtaining for military recruiting purposes—

14 (A) entry to any campus or access to stu15 dents on any campus equal to that of other em16 ployers; or

17 (B) access to directory information pertain18 ing to students (other than in a case in which

19 an objection has been raised as described in

20 paragraph (2));

21 (2) an educational institution that releases direc22 tory information should—

23 (A) give public notice of the categories of

24 such information to be released; and
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1 (B) allow a reasonable period after such no2 tice has been given for a student or (in the case

3 of an individual younger than 18 years of age)

4 a parent to inform the institution that any or

5 all of such information should not be released

6 without obtaining prior consent from the student

7 or the parent, as the case may be; and

8 (3) the Secretary of Defense should prescribe reg9 ulations that contain procedures for determining if

10 and when an educational institution has denied or

11 prevented access to students or information as de12 scribed in paragraph (1).

13 (b) DEFINITIONS.—In this section:

14 (1) The term ‘‘directory information’’ means,

15 with respect to a student, the student’s name, address,

16 telephone listing, date and place of birth, level of edu17 cation, degrees received, and (if available) the most

18 recent previous educational program enrolled in by

19 the student.

20 (2) The term ‘‘student’’ means an individual en21 rolled in any program of education who is 17 years

22 of age or older.
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1 SEC. 1092. STATE RECOGNITION OF MILITARY ADVANCE

2 MEDICAL DIRECTIVES.

3 (a) IN GENERAL.—(1) Chapter 53 of title 10, United

4 States Code, is amended by inserting after section 1044b

5 the following new section:

6 ‘‘§ 1044c. Advance medical directives of armed forces

7 personnel and dependents: requirement

8 for recognition by States

9 ‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT

10 WITHOUT REGARD TO STATE LAW.—An advance medical

11 directive executed by a person eligible for legal assistance—

12 ‘‘(1) is exempt from any requirement of form,

13 substance, formality, or recording that is provided for

14 advance medical directives under the laws of a State;

15 and

16 ‘‘(2) shall be given the same legal effect as an ad17 vance medical directive prepared and executed in ac18 cordance with the laws of the State concerned.

19 ‘‘(b) ADVANCE MEDICAL DIRECTIVES COVERED.—For

20 purposes of this section, an advance medical directive is

21 any written declaration that—

22 ‘‘(1) sets forth directions regarding the provision,

23 withdrawal, or withholding of life-prolonging proce24 dures, including hydration and sustenance, for the de25 clarant whenever the declarant has a terminal phys26 ical condition or is in a persistent vegetative state; or
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1 ‘‘(2) authorizes another person to make health

2 care decisions for the declarant, under circumstances

3 stated in the declaration, whenever the declarant is

4 incapable of making informed health care decisions.

5 ‘‘(c) STATEMENT TO BE INCLUDED.—(1) Under regu6 lations prescribed by the Secretary concerned, each advance

7 medical directive prepared by an attorney authorized to

8 provide legal assistance shall contain a statement that sets

9 forth the provisions of subsection (a).

10 ‘‘(2) Paragraph (1) shall not be construed to make in11 applicable the provisions of subsection (a) to an advance

12 medical directive that does not include a statement de13 scribed in that paragraph.

14 ‘‘(d) STATES NOT RECOGNIZING ADVANCE MEDICAL

15 DIRECTIVES.—Subsection (a) does not make an advance

16 medical directive enforceable in a State that does not other17 wise recognize and enforce advance medical directives under

18 the laws of the State.

19 ‘‘(e) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘State’ includes the District of Co21 lumbia, the Commonwealth of Puerto Rico, and a

22 possession of the United States.

23 ‘‘(2) The term ‘person eligible for legal assist24 ance’ means a person who is eligible for legal assist25 ance under section 1044 of this title.
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1 ‘‘(3) The term ‘legal assistance’ means legal serv2 ices authorized under section 1044 of this title.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by inserting after the item relating to section

5 1044b the following:

‘‘1044c. Advance medical directives of armed forces personnel and dependents: requirement for recognition by States.’’.

6 (b) EFFECTIVE DATE.—Section 1044c of title 10,

7 United States Code, shall take effect on the date of the enact8 ment of this Act and shall apply to advance medical direc9 tives referred to in such section that are executed before,

10 on, or after that date.

11 SEC. 1093. REPORT ON PERSONNEL REQUIREMENTS FOR

12 CONTROL OF TRANSFER OF CERTAIN WEAP13 ONS.

14 Not later than 30 days after the date of the enactment

15 of this Act, the Secretary of Defense and the Secretary of

16 Energy shall submit to the committees of Congress referred

17 to in subsection (c) of section 1154 of the National Defense

18 Authorization Act for Fiscal Year 1994 (Public Law 103–

19 160; 107 Stat. 1761) the report required under subsection

20 (a) of that section. The Secretary of Defense and the Sec21 retary of Energy shall include with the report an expla22 nation of the failure of such Secretaries to submit the report

23 in accordance with such subsection (a) and with all other

24 previous requirements for the submittal of the report.
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1 SEC. 1094. SENSE OF SENATE REGARDING ETHICS COMMIT2 TEE INVESTIGATION.

3 (a) The Senate finds that—

4 (1) the Senate Select Committee on Ethics has a

5 thirty-one year tradition of handling investigations of

6 official misconduct in a bipartisan, fair and profes7 sional manner;

8 (2) the Ethics Committee, to ensure fairness to

9 all parties in any investigation, must conduct its re10 sponsibilities strictly according to established proce11 dure and free from outside interference;

12 (3) the rights of all parties to bring an ethics

13 complaint against a member, officer, or employee of

14 the Senate are protected by the official rules and

15 precedents of the Senate and the Ethics Committee;

16 (4) any Senator responding to a complaint be17 fore the Ethics Committee deserves a fair and non18 partisan hearing according to the rules of the Ethics

19 Committee;

20 (5) the rights of all parties in an investigation—

21 both the individuals who bring a complaint or testify

22 against a Senator, and any Senator charged with an

23 ethics violation—can only be protected by strict ad24 herence to the established rules and procedures of the

25 ethics process;
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1 (6) the integrity of the Senate and the integrity

2 of the Ethics Committee rest on the continued adher3 ence to precedents and rules, derived from the Con4 stitution; and,

5 (7) the Senate as a whole has never intervened

6 in any ongoing Senate Ethics Committee investiga7 tion, and has considered matters before that Commit8 tee only after the Committee has submitted a report

9 and recommendations to the Senate;

10 (b) Therefore, it is the Sense of the Senate that the

11 Select committee on Ethics should not, in the case of Sen12 ator Robert Packwood of Oregon, deviate from its cus13 tomary and standard procedure, and should, prior to the

14 Senate’s final resolution of the case, follow whatever proce15 dures it deems necessary and appropriate to provide a full

16 and complete public record of the relevant evidence in this

17 case.

18 SEC. 1095. SENSE OF SENATE REGARDING FEDERAL SPEND19 ING.

20 It is the sense of the Senate that in pursuit of a bal21 anced Federal budget, Congress should exercise fiscal re22 straint, particularly in authorizing spending not requested

23 by the Executive Branch and in proposing new programs.
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1 SEC. 1096. ASSOCIATE DIRECTOR OF CENTRAL INTEL2 LIGENCE FOR MILITARY SUPPORT.

3 Section 102 of the National Security Act of 1947 (50

4 U.S.C. 403) is amended by adding at the end the following:

5 ‘‘(e) In the event that neither the Director nor Deputy

6 Director of Central Intelligence is a commissioned officer

7 of the Armed Forces, a commissioned officer of the Armed

8 Forces appointed to the position of Associate Director of

9 Central Intelligence for Military Support, while serving in

10 such position, shall not be counted against the numbers and

11 percentages of commissioned officers of the rank and grade

12 of such officer authorized for the armed force of which such

13 officer is a member.’’.

14 SEC. 1097. REVIEW OF NATIONAL POLICY ON PROTECTING

15 THE NATIONAL INFORMATION INFRASTRUC16 TURE AGAINST STRATEGIC ATTACKS.

17 Not later than 120 days after the date of the enactment

18 of this Act, the President shall submit to Congress a report

19 setting forth the following:

20 (1) The national policy and architecture govern21 ing the plans for establishing procedures, capabilities,

22 systems, and processes necessary to perform indica23 tions, warning, and assessment functions regarding

24 strategic attacks by foreign nations, groups, or indi25 viduals, or any other entity against the national in26 formation infrastructure.
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1 (2) The future of the National Communications

2 System (NCS), which has performed the central role

3 in ensuring national security and emergency pre4 paredness communications for essential United States

5 Government and private sector users, including, spe6 cifically, a discussion of—

7 (A) whether there is a Federal interest in

8 expanding or modernizing the National Commu9 nications System in light of the changing strate10 gic national security environment and the revo11 lution in information technologies; and

12 (B) the best use of the National Commu13 nications System and the assets and experience

14 it represents as an integral part of a larger na15 tional strategy to protect the United States

16 against a strategic attack on the national infor17 mation infrastructure.

18 SEC. 1098. JUDICIAL ASSISTANCE TO THE INTERNATIONAL

19 TRIBUNAL FOR YUGOSLAVIA AND TO THE

20 INTERNATIONAL TRIBUNAL FOR RWANDA.

21 (a) SURRENDER OF PERSONS.—

22 (1) APPLICATION OF UNITED STATES EXTRA23 DITION LAWS.—Except as provided in paragraphs (2)

24 and (3), the provisions of chapter 209 of title 18,

25 United States Code, relating to the extradition of per-
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1 sons to a foreign country pursuant to a treaty or con2 vention for extradition between the United States and

3 a foreign government, shall apply in the same man4 ner and extent to the surrender of persons, including

5 United States citizens, to—

6 (A) the International Tribunal for Yugo7 slavia, pursuant to the Agreement Between the

8 United States and the International Tribunal for

9 Yugoslavia; and

10 (B) the International Tribunal for Rwanda,

11 pursuant to the Agreement Between the United

12 States and the International Tribunal for Rwan13 da.

14 (2) EVIDENCE ON HEARINGS.—For purposes of

15 applying section 3190 of title 18, United States Code,

16 in accordance with paragraph (1), the certification

17 referred to in the section may be made by the prin18 cipal diplomatic or consular officer of the United

19 States resident in such foreign countries where the

20 International Tribunal for Yugoslavia or the Inter21 national Tribunal for Rwanda may be permanently

22 or temporarily situated.

23 (3) PAYMENT OF FEES AND COSTS.—(A) The

24 provisions of the Agreement Between the United

25 States and the International Tribunal for Yugoslavia
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1 and of the Agreement Between the United States and

2 the International Tribunal for Rwanda shall apply

3 in lieu of the provisions of section 3195 of title 18,

4 United States Code, with respect to the payment of

5 expenses arising from the surrender by the United

6 States of a person to the International Tribunal for

7 Yugoslavia or the International Tribunal for Rwan8 da, respectively, or from any proceedings in the Unit9 ed States relating to such surrender.

10 (B) The authority of subparagraph (A) may be

11 exercised only to the extent and in the amounts pro12 vided in advance in appropriations Acts.

13 (4) NONAPPLICABILITY OF THE FEDERAL

14 RULES.—The Federal Rules of Evidence and the Fed15 eral Rules of Criminal Procedure do not apply to

16 proceedings for the surrender of persons to the Inter17 national Tribunal for Yugoslavia or the International

18 Tribunal for Rwanda.

19 (b) ASSISTANCE TO FOREIGN AND INTERNATIONAL

20 TRIBUNALS AND TO LITIGANTS BEFORE SUCH TRIBU21 NALS.—Section 1782(a) of title 28, United States Code, is

22 amended by inserting in the first sentence after ‘‘foreign

23 or international tribunal’’ the following: ‘‘, including crimi24 nal investigations conducted prior to formal accusation’’.

25 (c) DEFINITIONS.—As used in this section:
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1 (1) INTERNATIONAL TRIBUNAL FOR YUGO2 SLAVIA.—The term ‘‘International Tribunal for Yugo3 slavia’’ means the International Tribunal for the

4 Prosecution of Persons Responsible for Serious Viola5 tions of International Humanitarian Law in the Ter6 ritory of the Former Yugoslavia, as established by

7 United Nations Security Council Resolution 827 of

8 May 25, 1993.

9 (2) INTERNATIONAL TRIBUNAL FOR RWANDA.—

10 The term ‘‘International Tribunal for Rwanda’’

11 means the International Tribunal for the Prosecution

12 of Persons Responsible for Genocide and Other Seri13 ous Violations of International Humanitarian Law

14 Committed in the Territory of Rwanda and Rwandan

15 Citizens Responsible for Genocide and Other Such

16 Violations Committed in the Territory of Neighboring

17 States, as established by United Nations Security

18 Council Resolution 955 of November 8, 1994.

19 (3) AGREEMENT BETWEEN THE UNITED STATES

20 AND THE INTERNATIONAL TRIBUNAL FOR YUGO21 SLAVIA.—The term ‘‘Agreement Between the United

22 States and the International Tribunal for Yugo23 slavia’’ means the Agreement on Surrender of Persons

24 Between the Government of the United States and the

25 International Tribunal for the Prosecution of Persons
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1 Responsible for Serious Violations of International

2 Law in the Territory of the Former Yugoslavia,

3 signed at The Hague, October 5, 1994.

4 (4) AGREEMENT BETWEEN THE UNITED STATES

5 AND THE INTERNATIONAL TRIBUNAL FOR RWANDA.—

6 The term ‘‘Agreement between the United States and

7 the International Tribunal for Rwanda’’ means the

8 Agreement on Surrender of Persons Between the Gov9 ernment of the United States and the International

10 Tribunal for the Prosecution of Persons Responsible

11 for Genocide and Other Serious Violations of Inter12 national Humanitarian Law Committed in the Ter13 ritory of Rwanda and Rwandan Citizens Responsible

14 for Genocide and Other Such Violations Committed

15 in the Territory of Neighboring States, signed at The

16 Hague, January 24, 1995.

17 SEC. 1099. LANDMINE USE MORATORIUM.

18 (a) FINDINGS.—The Congress makes the following

19 findings:

20 (1) On September 26, 1994, the President de21 clared that it is a goal of the United States to eventu22 ally eliminate antipersonnel landmines.

23 (2) On December 15, 1994, the United Nations

24 General Assembly adopted a resolution sponsored by
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1 the United States which called for international ef2 forts to eliminate antipersonnel landmines.

3 (3) According to the Department of State, there

4 are an estimated 80,000,000 to 110,000,000

5 unexploded landmines in 62 countries.

6 (4) Antipersonnel landmines are routinely used

7 against civilian populations and kill and maim an

8 estimated 70 people each day, or 26,000 people each

9 year.

10 (5) The Secretary of State has noted that land11 mines are ‘‘slow-motion weapons of mass destruc12 tion’’.

13 (6) There are hundreds of varieties of anti14 personnel landmines, from a simple type available at

15 a cost of only two dollars to the more complex self16 destructing type, and all landmines of whatever vari17 ety kill and maim civilians, as well as combatants,

18 indiscriminately.

19 (b) CONVENTIONAL WEAPONS CONVENTION REVIEW.—

20 It is the sense of Congress that, at the United Nations con21 ference to review the 1980 Conventional Weapons Conven22 tion, including Protocol II on landmines, that is to be held

23 from September 25 to October 13, 1995, the President

24 should actively support proposals to modify Protocol II that
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1 would implement as rapidly as possible the United States

2 goal of eventually eliminating antipersonnel landmines.

3 (c) MORATORIUM ON USE OF ANTIPERSONNEL LAND4 MINES.—

5 (1) UNITED STATES MORATORIUM.—(A) For a

6 period of one year beginning three years after the date

7 of the enactment of this Act, the United States shall

8 not use antipersonnel landmines except along inter9 nationally recognized national borders or in demili10 tarized zones within a perimeter marked area that is

11 monitored by military personnel and protected by

12 adequate means to ensure the exclusion of civilians.

13 (B) If the President determines, before the

14 end of the period of the United States morato15 rium under subparagraph (A), that the govern16 ments of other nations are implementing mora17 toria on use of antipersonnel landmines similar

18 to the United States moratorium, the President

19 may extend the period of the United States mor20 atorium for such additional period as the Presi21 dent considers appropriate.

22 (2) OTHER NATIONS.—It is the sense of Congress

23 that the President should actively encourage the gov24 ernments of other nations to join the United States in

25 solving the global landmine crisis by implementing
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1 moratoria on use of antipersonnel landmines similar

2 to the United States moratorium as a step toward the

3 elimination of antipersonnel landmines.

4 (d) ANTIPERSONNEL LANDMINE EXPORTS.—It is the

5 sense of Congress that, consistent with the United States

6 moratorium on exports of antipersonnel landmines and in

7 order to further discourage the global proliferation of anti8 personnel landmines, the United States Government should

9 not sell, license for export, or otherwise transfer defense arti10 cles and services to any foreign government which, as deter11 mined by the President, sells, exports, or otherwise transfers

12 antipersonnel landmines.

13 (e) DEFINITIONS.—

14 For purposes of this Act:

15 (1) ANTIPERSONNEL LANDMINE.—The term

16 ‘‘antipersonnel landmine’’ means any munition

17 placed under, on, or near the ground or other surface

18 area, delivered by artillery, rocket, mortar, or similar

19 means, or dropped from an aircraft and which is de20 signed, constructed, or adapted to be detonated or ex21 ploded by the presence, proximity, or contact of a per22 son.

23 (2) 1980 CONVENTIONAL WEAPONS CONVEN24 TION.—The term ‘‘1980 Conventional Weapons Con25 vention’’ means the Convention on Prohibitions or
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1 Restrictions on the Use of Certain Conventional

2 Weapons Which May Be Deemed To Be Excessively

3 Injurious or To Have Indiscriminate Effects, together

4 with the protocols relating thereto, done at Geneva on

5 October 10, 1980.

6 SEC. 1099A. EXTENSION OF PILOT OUTREACH PROGRAM.

7 Section 1045(d) of the National Defense Authorization

8 Act for Fiscal Year 1993 is amended by striking out ‘‘three’’

9 and inserting ‘‘five’’ in lieu thereof.

10 SEC. 1099B. SENSE OF SENATE ON MIDWAY ISLANDS.

11 (a) FINDINGS.—The Senate makes the following find12 ings:

13 (1) September 2, 1995, marks the 50th anniver14 sary of the United States victory over Japan in

15 World War II.

16 (2) The Battle of Midway proved to be the turn17 ing point in the war in the Pacific, as United States

18 Navy forces inflicted such severe losses on the Impe19 rial Japanese Navy during the battle that the Impe20 rial Japanese Navy never again took the offensive

21 against United States or allied forces.

22 (3) During the Battle of Midway, an out23 numbered force of the United States Navy, consisting

24 of 29 ships and other units of the Armed Forces under

25 the command of Admiral Nimitz and Admiral
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1 Spruance, out-maneuvered and out-fought 350 ships

2 of the Imperial Japanese Navy.

3 (4) It is in the public interest to erect a memo4 rial to the Battle of Midway that is suitable to ex5 press the enduring gratitude of the American people

6 for victory in the battle and to inspire future genera7 tions of Americans with the heroism and sacrifice of

8 the members of the Armed Forces who achieved that

9 victory.

10 (b) SENSE OF SENATE.—It is the sense of the Senate

11 that—

12 (1) the Midway Islands and the surrounding

13 seas deserve to be memorialized;

14 (2) the historic structures related to the Battle of

15 Midway should be maintained, in accordance with

16 the National Historic Preservation Act, and subject to

17 the availability of appropriations for that purpose.

18 (3) appropriate access to the Midway Islands by

19 survivors of the Battle of Midway, their families, and

20 other visitors should be provided in a manner that en21 sures the public health and safety on the Midway Is22 lands and the conservation and natural resources of

23 those islands in accordance with existing Federal law.
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1 SEC. 1099C. STUDY ON CHEMICAL WEAPONS STOCKPILE.

2 (a) STUDY.—(1) The Secretary of Defense shall con3 duct a study to assess the risk associated with the transpor4 tation of the unitary stockpile, any portion of the stockpile

5 to include drained agents from munitions and munitions,

6 from one location to another within the continental United

7 States. Also, the Secretary shall include a study of the as8 sistance available to communities in the vicinity if the De9 partment of Defense facilities co-located with continuing

10 chemical stockpile and chemical demilitarization operations

11 which facilities are subject to closure, realignment, or

12 reutilization.

13 (2) The review shall include an analysis of—

14 (A) the results of the physical and chemical

15 integrity report conducted by the Army on exist16 ing stockpile;

17 (B) a determination of the viability of

18 transportation of any portion of the stockpile, to

19 include drained agent from munitions and the

20 munitions;

21 (C) the safety, cost-effectiveness, and public

22 acceptability of transporting the stockpile, in its

23 current configuration, or in alternative configu24 rations;

25 (D) the economic effects of closure, realign26 ment, or reutilization of the facilities referred to
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1 in paragraph (1) on the communities referred to

2 in that paragraph; and

3 (E) the unique problems that such commu4 nities face with respect to the reuse of such facili5 ties as a result of the operations referred to in

6 paragraph (1).

7 (b) REPORT.—Not later than 90 days after the date

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

9 Congress a report on the study carried out under subsection

10 (a). The report shall include recommendations of the Sec11 retary on methods for ensuring the expeditious and cost12 effective transfer or lease of facilities referred to in para13 graph (1) of subsection (a) to communities referred to in

14 paragraph (1) for reuse by such communities.

15 SEC. 1099D. DESIGNATION OF NATIONAL MARITIME CEN16 TER.

17 (a) DESIGNATION OF NATIONAL MARITIME CENTER.—

18 The NAUTICUS building, located at one Waterside Drive,

19 Norfolk, Virginia, shall be known and designated as the

20 ‘‘National Maritime Center’’.

21 (b) REFERENCE TO NATIONAL MARITIME CENTER.—

22 Any reference in a law, map, regulation, document, paper,

23 or other record of the United States to the building referred

24 to in subsection (a) shall be deemed to be a reference to

25 the ‘‘National Maritime Center’’.
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1 SEC. 1099E. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT

2 FLEET.

3 (a) SUBMITTAL OF JCS REPORT ON AIRCRAFT.—Not

4 later than February 1, 1996, the Secretary of Defense shall

5 submit to Congress the report on aircraft designated as

6 Operational Support Airlift Aircraft that is currently in

7 preparation by the Joint Chiefs of Staff.

8 (b) CONTENT OF REPORT.—(1) The report shall con9 tain findings and recommendations regarding the follow10 ing:

11 (A) Modernization and safety requirements for

12 the Operational Support Airlift Aircraft fleet.

13 (B) Standardization plans and requirements of

14 that fleet.

15 (C) The disposition of aircraft considered excess

16 to that fleet in light of the requirements set forth

17 under subparagraph (A).

18 (D) The need for helicopter support in the Na19 tional Capital Region.

20 (E) The acceptable uses of helicopter support in

21 the National Capital Region.

22 (2) In preparing the report, the Joint Chiefs of Staff

23 shall take into account the recommendation of the Commis24 sion on Roles and Missions of the Armed Forces to reduce

25 the size of the Operational Support Airlift Aircraft fleet.
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1 (c) REGULATIONS.—(1) Upon completion of the report

2 referred to in subsection (a), the Secretary shall prescribe

3 regulations, consistent with the findings and recommenda4 tions set forth in the report, for the operation, maintenance,

5 disposition, and use of aircraft designated as Operational

6 Support Airlift Aircraft.

7 (2) The regulations shall, to the maximum extent prac8 ticable, provide for, and encourage the use of, commercial

9 airlines in lieu of the use of aircraft designated as Oper10 ational Support Airlift Aircraft.

11 (3) The regulations shall apply uniformly throughout

12 the Department of Defense.

13 (4) The regulations should not require exclusive use of

14 the aircraft designated as Operational Support Airlift Air15 craft for any particular class of government personnel.

16 (d) REDUCTIONS IN FLYING HOURS.—(1) The Sec17 retary shall ensure that the number of hours flown in fiscal

18 year 1996 by aircraft designated as Operational Support

19 Airlift Aircraft does not exceed the number equal to 85 per20 cent of the number of hours flown in fiscal year 1995 by

21 such aircraft.

22 (2) The Secretary should ensure that the number of

23 hours flown in fiscal year 1996 for helicopter support in

24 the National Capital Region does not exceed the number
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1 equal to 85 percent of the number of hours flown in fiscal

2 year 1995 for such helicopter support.

3 (e) RESTRICTION ON AVAILABILITY OF FUNDS.—Of the

4 funds authorized to be appropriated under title III for the

5 operation and use of aircraft designated as Operational

6 Support Airlift Aircraft, not more than 50 percent of such

7 funds shall be available for that purpose until the submittal

8 of the report referred to in subsection (a).

9 SEC. 1099F. SENSE OF THE SENATE ON CHEMICAL WEAP10 ONS CONVENTION AND START II TREATY

11 RATIFICATION.

12 (a) FINDINGS.—The Senate makes the following find13 ings:

14 (1) Proliferation of chemical or nuclear weapons

15 materials poses a danger to United States national

16 security, and the threat or use of such materials by

17 terrorists would directly threaten United States citi18 zens at home and abroad.

19 (2) The Chemical Weapons Convention nego20 tiated and signed by President Bush would make it

21 more difficult for would-be proliferators, including

22 terrorists, to acquire or use chemical weapons, if rati23 fied and fully implemented as signed, by all signato24 ries.
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1 (3) The START II Treaty negotiated and signed

2 by President Bush would help reduce the danger of

3 potential proliferators, including terrorists, acquiring

4 nuclear warheads and materials, and would contrib5 ute to United States-Russian bilateral efforts to secure

6 and dismantle nuclear warheads, if ratified and fully

7 implemented as signed by both parties.

8 (4) It is in the national security interest of the

9 United States to take effective steps to make it harder

10 for proliferators or would-be terrorists to obtain chem11 ical or nuclear materials for use in weapons.

12 (5) The President has urged prompt Senate ac13 tion on, and advice and consent to ratification of, the

14 START II Treaty and the Chemical Weapons Con15 vention.

16 (6) The Chairman of the Joint Chiefs of Staff

17 has testified to Congress that ratification and full im18 plementation of both treaties by all parties is in the

19 United States national interest, and has strongly

20 urged prompt Senate advice and consent to their rati21 fication.

22 (b) SENSE OF THE SENATE.—It is the sense of the Sen23 ate that the United States and all other parties to the

24 START II and Chemical Weapons Convention should
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1 promptly ratify and fully implement, as negotiated, both

2 treaties.

3 TITLE XI—TECHNICAL AND

4 CLERICAL AMENDMENTS

5 SEC. 1101. AMENDMENTS RELATED TO RESERVE OFFICER

6 PERSONNEL MANAGEMENT ACT.

7 (a) PUBLIC LAW 103–337.—The Reserve Officer Per8 sonnel Management Act (title XVI of the National Defense

9 Authorization Act for Fiscal Year 1995 (Public Law 103–

10 337)) is amended as follows:

11 (1) Section 1624 (108 Stat. 2961) is amended—

12 (A) by striking out ‘‘641’’ and all that fol13 lows through ‘‘(2)’’ and inserting in lieu thereof

14 ‘‘620 is amended’’; and

15 (B) by redesignating as subsection (d) the

16 subsection added by the amendment made by

17 that section.

18 (2) Section 1625 (108 Stat. 2962) is amended by

19 striking out ‘‘Section 689’’ and inserting in lieu

20 thereof ‘‘Section 12320’’.

21 (3) Section 1626(1) (108 Stat. 2962) is amended

22 by striking out ‘‘(W–5)’’ in the second quoted matter

23 therein and inserting in lieu thereof ‘‘, W–5,’’.
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1 (4) Section 1627 (108 Stat. 2962) is amended by

2 striking out ‘‘Section 1005(b)’’ and inserting in lieu

3 thereof ‘‘Section 12645(b)’’.

4 (5) Section 1631 (108 Stat. 2964) is amended—

5 (A) in subsection (a), by striking out ‘‘Sec6 tion 510’’ and inserting in lieu thereof ‘‘Section

7 12102’’; and

8 (B) in subsection (b), by striking out ‘‘Sec9 tion 591’’ and inserting in lieu thereof ‘‘Section

10 12201’’.

11 (6) Section 1632 (108 Stat. 2965) is amended by

12 striking out ‘‘Section 593(a)’’ and inserting in lieu

13 thereof ‘‘Section 12203(a)’’.

14 (7) Section 1635(a) (108 Stat. 2968) is amended

15 by striking out ‘‘section 1291’’ and inserting in lieu

16 thereof ‘‘section 1691(b)’’.

17 (8) Section 1671 (108 Stat. 3013) is amended—

18 (A) in subsection (b)(3), by striking out

19 ‘‘512, and 517’’ and inserting in lieu thereof

20 ‘‘and 512’’; and

21 (B) in subsection (c)(2), by striking out the

22 comma after ‘‘861’’ in the first quoted matter

23 therein.
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1 (9) Section 1684(b) (108 Stat. 3024) is amended

2 by striking out ‘‘section 14110(d)’’ and inserting in

3 lieu thereof ‘‘section 14111(c)’’.

4 (b) SUBTITLE E OF TITLE 10.—Subtitle E of title 10,

5 United States Code, is amended as follows:

6 (1) The tables of chapters preceding part I and

7 at the beginning of part IV are amended by striking

8 out ‘‘Repayments’’ in the item relating to chapter

9 1609 and inserting in lieu thereof ‘‘Repayment Pro10 grams’’.

11 (2)(A) The heading for section 10103 is amended

12 to read as follows:

13 ‘‘§ 10103. Basic policy for order into Federal service’’.

14 (B) The item relating to section 10103 in the

15 table of sections at the beginning of chapter 1003 is

16 amended to read as follows:

‘‘10103. Basic policy for order into Federal service.’’.

17 (3) The table of sections at the beginning of

18 chapter 1005 is amended by striking out the third

19 word in the item relating to section 10142.

20 (4) The table of sections at the beginning of

21 chapter 1007 is amended—

22 (A) by striking out the third word in the

23 item relating to section 10205; and

24 (B) by capitalizing the initial letter of the

25 sixth word in the item relating to section 10211.
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1 (5) The table of sections at the beginning of

2 chapter 1011 is amended by inserting ‘‘Sec.’’ at the

3 top of the column of section numbers.

4 (6) Section 10507 is amended—

5 (A) by striking out ‘‘section 124402(b)’’ and

6 inserting in lieu thereof ‘‘section 12402(b)’’; and

7 (B) by striking out ‘‘Air Forces’’ and insert8 ing in lieu thereof ‘‘Air Force’’.

9 (7)(A) Section 10508 is repealed.

10 (B) The table of sections at the beginning of

11 chapter 1011 is amended by striking out the item re12 lating to section 10508.

13 (8) Section 10542 is amended by striking out

14 subsection (d).

15 (9) Section 12004(a) is amended by striking out

16 ‘‘active-status’’ and inserting in lieu thereof ‘‘active

17 status’’.

18 (10) Section 12012 is amended by inserting

19 ‘‘the’’ in the section heading before the penultimate

20 word.

21 (11)(A) The heading for section 12201 is amend22 ed to read as follows:
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1 ‘‘§ 12201. Reserve officers: qualifications for appoint2 ment’’.

3 (B) The item relating to section 12201 in the

4 table of sections at the beginning of chapter 1205 is

5 amended to read as follows:

‘‘12201. Reserve officers: qualifications for appointment.’’.

6 (12) The heading for section 12209 is amended

7 to read as follows:

8 ‘‘§ 12209. Officer candidates: enlisted Reserves’’.

9 (13) The heading for section 12210 is amended

10 to read as follows:

11 ‘‘§ 12210. Attending Physician to the Congress: reserve

12 grade while so serving’’.

13 (14) Section 12213(a) is amended by striking

14 out ‘‘section 593’’ and inserting in lieu thereof ‘‘sec15 tion 12203’’.

16 (15) The table of sections at the beginning of

17 chapter 1207 is amended by striking out ‘‘pro18 motions’’ in the item relating to section 12243 and

19 inserting in lieu thereof ‘‘promotion’’.

20 (16) The table of sections at the beginning of

21 chapter 1209 is amended—

22 (A) in the item relating to section 12304, by

23 striking out the colon and inserting in lieu there24 of a semicolon; and
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1 (B) in the item relating to section 12308, by

2 striking out the second, third, and fourth words.

3 (17) Section 12307 is amended by striking out

4 ‘‘Ready Reserve’’ in the second sentence and inserting

5 in lieu thereof ‘‘Retired Reserve’’.

6 (18) The heading of section 12401 is amended by

7 striking out the seventh word.

8 (19) Section 12407(b) is amended—

9 (A) by striking out ‘‘of those jurisdictions’’

10 and inserting in lieu thereof ‘‘State’’; and

11 (B) by striking out ‘‘jurisdictions’’ and in12 serting in lieu thereof ‘‘States’’

13 (20) Section 12731(f) is amended by striking out

14 ‘‘the date of the enactment of this subsection’’ and in15 serting in lieu thereof ‘‘October 5, 1994,’’.

16 (21) Section 12731a(c)(3) is amended by insert17 ing a comma after ‘‘Defense Conversion’’.

18 (22) Section 14003 is amended by inserting

19 ‘‘lists’’ in the section heading immediately before the

20 colon.

21 (23) The table of sections at the beginning of

22 chapter 1403 is amended by striking out ‘‘selection

23 board’’ in the item relating to section 14105 and in24 serting in lieu thereof ‘‘promotion board’’.
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1 (24) The table of sections at the beginning of

2 chapter 1405 is amended—

3 (A) in the item relating to section 14307, by

4 striking out ‘‘Numbers’’ and inserting in lieu

5 thereof ‘‘Number’’;

6 (B) in the item relating to section 14309, by

7 striking out the colon and inserting in lieu there8 of a semicolon; and

9 (C) in the item relating to section 14314, by

10 capitalizing the initial letter of the antepenulti11 mate word.

12 (25) Section 14315(a) is amended by striking

13 out ‘‘a Reserve officer’’ and inserting in lieu thereof

14 ‘‘a reserve officer’’.

15 (26) 14317(e) is amended—

16 (A) by inserting ‘‘OFFICERS ORDERED TO

17 ACTIVE DUTY IN TIME OF WAR OR NATIONAL

18 EMERGENCY.—’’ after ‘‘(e)’’; and

19 (B) by striking out ‘‘section 10213 or 644’’

20 and inserting in lieu thereof ‘‘section 123 or

21 10213’’.

22 (27) The table of sections at the beginning of

23 chapter 1407 is amended—
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1 (A) in the item relating to section 14506, by

2 inserting ‘‘reserve’’ after ‘‘Marine Corps and’’;

3 and

4 (B) in the item relating to section 14507, by

5 inserting ‘‘reserve’’ after ‘‘Removal from the’’;

6 and

7 (C) in the item relating to section 14509, by

8 inserting ‘‘in grades’’ after ‘‘reserve officers’’.

9 (28) Section 14501(a) is amended by inserting

10 ‘‘OFFICERS BELOW THE GRADE OF COLONEL OR

11 NAVY CAPTAIN.—’’ after ‘‘(a)’’.

12 (29) The heading for section 14506 is amended

13 by inserting a comma after ‘‘Air Force’’.

14 (30) Section 14508 is amended by striking out

15 ‘‘this’’ after ‘‘from an active status under’’ in sub16 sections (c) and (d).

17 (31) Section 14515 is amended by striking out

18 ‘‘inactive status’’ and inserting in lieu thereof ‘‘inac19 tive-status’’.

20 (32) Section 14903(b) is amended by striking out

21 ‘‘chapter’’ and inserting in lieu thereof ‘‘title’’.

22 (33) The table of sections at the beginning of

23 chapter 1606 is amended in the item relating to sec24 tion 16133 by striking out ‘‘limitations’’ and insert25 ing in lieu thereof ‘‘limitation’’.
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1 (34) Section 16132(c) is amended by striking out

2 ‘‘section’’ and inserting in lieu thereof ‘‘sections’’.

3 (35) Section 16135(b)(1)(A) is amended by strik4 ing out ‘‘section 2131(a)’’ and inserting in lieu there5 of ‘‘sections 16131(a)’’.

6 (36) Section 18236(b)(1) is amended by striking

7 out ‘‘section 2233(e)’’ and inserting in lieu thereof

8 ‘‘section 18233(e)’’.

9 (37) Section 18237 is amended—

10 (A) in subsection (a), by striking out ‘‘sec11 tion 2233(a)(1)’’ and inserting in lieu thereof

12 ‘‘section 18233(a)(1)’’; and

13 (B) in subsection (b), by striking out ‘‘sec14 tion 2233(a)’’ and inserting in lieu thereof ‘‘sec15 tion 18233(a)’’.

16 (c) OTHER PROVISIONS OF TITLE 10.—Effective as of

17 December 1, 1994 (except as otherwise expressly provided),

18 and as if included as amendments made by the Reserve Of19 ficer Personnel Management Act (title XVI of Public Law

20 103–360) as originally enacted, title 10, United States

21 Code, is amended as follows:

22 (1) Section 101(d)(6)(B)(i) is amended by strik23 ing out ‘‘section 175’’ and inserting in lieu thereof

24 ‘‘section 10301’’.
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1 (2) Section 114(b) is amended by striking out

2 ‘‘chapter 133’’ and inserting in lieu thereof ‘‘chapter

3 1803’’.

4 (3) Section 115(d) is amended—

5 (A) in paragraph (1), by striking out ‘‘sec6 tion 673’’ and inserting in lieu thereof ‘‘section

7 12302’’;

8 (B) in paragraph (2), by striking out ‘‘sec9 tion 673b’’ and inserting in lieu thereof ‘‘section

10 12304’’; and

11 (C) in paragraph (3), by striking out ‘‘sec12 tion 3500 or 8500’’ and inserting in lieu thereof

13 ‘‘section 12406’’.

14 (4) Section 123(a) is amended—

15 (A) by striking out ‘‘281, 592, 1002, 1005,

16 1006, 1007, 1374, 3217, 3218, 3219, 3220,’’,

17 ‘‘5414, 5457, 5458,’’, and ‘‘8217, 8218, 8219,’’;

18 and

19 (B) by striking out ‘‘and 8855’’ and insert20 ing in lieu thereof ‘‘8855, 10214, 12003, 12004,

21 12005, 12007, 12202, 12213, 12642, 12645,

22 12646, 12647, 12771, 12772, and 12773’’.

23 (5) Section 582(1) is amended by striking out

24 ‘‘section 672(d)’’ in subparagraph (B) and ‘‘section

25 673b’’ in subparagraph (D) and inserting in lieu
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1 thereof ‘‘section 12301(d)’’ and ‘‘section 12304’’, re2 spectively.

3 (6) Section 641(1)(B) is amended by striking out

4 ‘‘10501’’ and inserting in lieu thereof ‘‘10502, 10505,

5 10506(a), 10506(b), 10507’’.

6 (7) The table of sections at the beginning of

7 chapter 39 is amended by striking out the items relat8 ing to sections 687 and 690.

9 (8) Sections 1053(a)(1), 1064, and 1065(a) are

10 amended by striking out ‘‘chapter 67’’ and inserting

11 in lieu thereof ‘‘chapter 1223’’.

12 (9) Section 1063(a)(1) is amended by striking

13 out ‘‘section 1332(a)(2)’’ and inserting in lieu thereof

14 ‘‘section 12732(a)(2)’’.

15 (10) Section 1074b(b)(2) is amended by striking

16 out ‘‘section 673c’’ and inserting in lieu thereof ‘‘sec17 tion 12305’’.

18 (11) Section 1076(b)(2)(A) is amended by strik19 ing out ‘‘before the effective date of the Reserve Officer

20 Personnel Management Act’’ and inserting in lieu

21 thereof ‘‘before December 1, 1994’’.

22 (12) Section 1176(b) is amended by striking out

23 ‘‘section 1332’’ in the matter preceding paragraph (1)

24 and in paragraph (2) and inserting in lieu thereof

25 ‘‘section 12732’’.
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1 (13) Section 1208(b) is amended by striking out

2 ‘‘section 1333’’ and inserting in lieu thereof ‘‘section

3 12733’’.

4 (14) Section 1209 is amended by striking out

5 ‘‘section 1332’’, ‘‘section 1335’’, and ‘‘chapter 71’’ and

6 inserting in lieu thereof ‘‘section 12732’’, ‘‘section

7 12735’’, and ‘‘section 12739’’, respectively.

8 (15) Section 1407 is amended—

9 (A) in subsection (c)(1) and (d)(1), by strik10 ing out ‘‘section 1331’’ and inserting in lieu

11 thereof ‘‘section 12731’’; and

12 (B) in the heading for paragraph (1) of

13 subsection (d), by striking out ‘‘CHAPTER 67’’

14 and inserting in lieu thereof ‘‘CHAPTER 1223’’.

15 (16) Section 1408(a)(5) is amended by striking

16 out ‘‘section 1331’’ and inserting in lieu thereof ‘‘sec17 tion 12731’’

18 (17) Section 1431(a)(1) is amended by striking

19 out ‘‘section 1376(a)’’ and inserting in lieu thereof

20 ‘‘section 12774(a)’’.

21 (18) Section 1463(a)(2) is amended by striking

22 out ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chap23 ter 1223’’.

24 (19) Section 1482(f)(2) is amended by inserting

25 ‘‘section’’ before ‘‘12731 of this title’’.
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1 (20) The table of sections at the beginning of

2 chapter 533 is amended by striking out the item re3 lating to section 5454.

4 (21) Section 2006(b)(1) is amended by striking

5 out ‘‘chapter 106 of this title’’ and inserting in lieu

6 thereof ‘‘chapter 1606 of this title’’.

7 (22) Section 2121(c) is amended by striking out

8 ‘‘section 3353, 5600, or 8353’’ and inserting in lieu

9 thereof ‘‘section 12207’’, effective on the effective date

10 specified in section 1691(b)(1) of Public Law 103–

11 337.

12 (23) Section 2130a(b)(3) is amended by striking

13 out ‘‘section 591’’ and inserting in lieu thereof ‘‘sec14 tion 12201’’.

15 (24) The table of sections at the beginning of

16 chapter 337 is amended by striking out the items re17 lating to section 3351 and 3352.

18 (25) Sections 3850, 6389(c), 6391(c), and 8850

19 are amended by striking out ‘‘section 1332’’ and in20 serting in lieu thereof ‘‘section 12732’’.

21 (26) Section 5600 is repealed, effective on the ef22 fective date specified in section 1691(b)(1) of Public

23 Law 103–337.
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1 (27) Section 5892 is amended by striking out

2 ‘‘section 5457 or section 5458’’ and inserting in lieu

3 thereof ‘‘section 12004 or section 12005’’.

4 (28) Section 6410(a) is amended by striking out

5 ‘‘section 1005’’ and inserting in lieu thereof ‘‘section

6 12645’’.

7 (29) The table of sections at the beginning of

8 chapter 837 is amended by striking out the items re9 lating to section 8351 and 8352.

10 (30) Section 8360(b) is amended by striking out

11 ‘‘section 1002’’ and inserting in lieu thereof ‘‘section

12 12642’’.

13 (31) Section 8380 is amended by striking out

14 ‘‘section 524’’ in subsections (a) and (b) and inserting

15 in lieu thereof ‘‘section 12011’’.

16 (32) Sections 8819(a), 8846(a), and 8846(b) are

17 amended by striking out ‘‘section 1005 and 1006’’

18 and inserting in lieu thereof ‘‘sections 12645 and

19 12646’’.

20 (33) Section 8819 is amended by striking out

21 ‘‘section 1005’’ and ‘‘section 1006’’ and inserting in

22 lieu thereof ‘‘section 12645’’ and ‘‘section 12646’’, re23 spectively.

24 (d) CROSS REFERENCES IN OTHER DEFENSE LAWS.—
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1 (1) Section 337(b) of the National Defense Au2 thorization Act for Fiscal Year 1995 (Public Law

3 103–337; 108 Stat. 2717) is amended by inserting be4 fore the period at the end the following: ‘‘or who after

5 November 30, 1994, transferred to the Retired Reserve

6 under section 10154(2) of title 10, United States

7 Code, without having completed the years of service

8 required under section 12731(a)(2) of such title for

9 eligibility for retired pay under chapter 1223 of such

10 title’’.

11 (2) Section 525 of the National Defense Author12 ization Act for Fiscal Years 1992 and 1993 (P.L.

13 102–190, 105 Stat. 1363) is amended by striking out

14 ‘‘section 690’’ and inserting in lieu thereof ‘‘section

15 12321’’.

16 (3) Subtitle B of title XLIV of the National De17 fense Authorization Act for Fiscal Year 1993 (P.L.

18 102–484; 10 U.S.C. 12681 note) is amended—

19 (A) in section 4415, by striking out ‘‘section

20 1331a’’ and inserting in lieu thereof ‘‘section

21 12731a’’;

22 (B) in subsection 4416—

23 (i) in subsection (a), by striking out

24 ‘‘section 1331’’ and inserting in lieu thereof

25 ‘‘section 12731’’;
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1 (ii) in subsection (b)—

2 (I) by inserting ‘‘or section

3 12732’’ in paragraph (1) after ‘‘under

4 that section’’; and

5 (II) by inserting ‘‘or 12731(a)’’ in

6 paragraph (2) after ‘‘section 1331(a)’’;

7 (iii) in subsection (e)(2), by striking

8 out ‘‘section 1332’’ and inserting in lieu

9 thereof ‘‘section 12732’’; and

10 (iv) in subsection (g), by striking out

11 ‘‘section 1331a’’ and inserting in lieu there12 of ‘‘section 12731a’’; and

13 (C) in section 4418—

14 (i) in subsection (a), by striking out

15 ‘‘section 1332’’ and inserting in lieu thereof

16 ‘‘section 12732’’; and

17 (ii) in subsection (b)(1)(A), by striking

18 out ‘‘section 1333’’ and inserting in lieu

19 thereof ‘‘section 12733’’.

20 (4) Title 37, United States Code, is amended—

21 (A) in section 302f(b), by striking out ‘‘sec22 tion 673c of title 10’’ in paragraphs (2) and

23 (3)(A) and inserting in lieu thereof ‘‘section

24 12305 of title 10’’; and
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1 (B) in section 433(a), by striking out ‘‘sec2 tion 687 of title 10’’ and inserting in lieu thereof

3 ‘‘section 12319 of title 10’’.

4 (e) CROSS REFERENCES IN OTHER LAWS.—

5 (1) Title 14, United States Code, is amended—

6 (A) in section 705(f), by striking out ‘‘600

7 of title 10’’ and inserting in lieu thereof ‘‘12209

8 of title 10’’; and

9 (B) in section 741(c), by striking out ‘‘sec10 tion 1006 of title 10’’ and inserting in lieu there11 of ‘‘section 12646 of title 10’’.

12 (2) Title 38, United States Code, is amended—

13 (A) in section 3011(d)(3), by striking out

14 ‘‘section 672, 673, 673b, 674, or 675 of title 10’’

15 and inserting in lieu thereof ‘‘section 12301,

16 12302, 12304, 12306, or 12307 of title 10’’;

17 (B) in sections 3012(b)(1)(B)(iii) and

18 3701(b)(5)(B), by striking out ‘‘section 268(b) of

19 title 10’’ and inserting in lieu thereof ‘‘section

20 10143(a) of title 10’’;

21 (C) in section 3501(a)(3)(C), by striking

22 out ‘‘section 511(d) of title 10’’ and inserting in

23 lieu thereof ‘‘section 12103(d) of title 10’’; and

24 (D) in section 4211(4)(C), by striking out

25 ‘‘section 672(a), (d), or (g), 673, or 673b of title
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1 10’’ and inserting in lieu thereof ‘‘section

2 12301(a), (d), or (g), 12302, or 12304 of title

3 10’’.

4 (3) Section 702(a)(1) of the Soldiers’ and Sail5 ors’ Civil Relief Act of 1940 ( 50 U.S.C. App.

6 592(a)(1)) is amended—

7 (A) by striking out ‘‘section 672 (a) or (g),

8 673, 673b, 674, 675, or 688 of title 10’’ and in9 serting in lieu thereof ‘‘section 688, 12301(a),

10 12301(g), 12302, 12304, 12306, or 12307 of title

11 10’’; and

12 (B) by striking out ‘‘section 672(d) of such

13 title’’ and inserting in lieu thereof ‘‘section

14 12301(d) of such title’’.

15 (4) Section 463A of the Higher Education Act of

16 1965 (20 U.S.C. 1087cc–1) is amended in subsection

17 (a)(10) by striking out ‘‘(10 U.S.C. 2172)’’ and in18 serting in lieu thereof ‘‘(10 U.S.C. 16302)’’.

19 (5) Section 179 of the National and Community

20 Service Act of 1990 (42 U.S.C. 12639) is amended in

21 subsection (a)(2)(C) by striking out ‘‘section 216(a) of

22 title 5’’ and inserting in lieu thereof ‘‘section 10101

23 of title 10’’.

24 (f) EFFECTIVE DATES.—
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1 (1) Section 1636 of the Reserve Officer Personnel

2 Management Act shall take effect on the date of the

3 enactment of this Act.

4 (2) The amendments made by sections 1672(a),

5 1673(a) (with respect to chapters 541 and 549),

6 1673(b)(2), 1673(b)(4), 1674(a), and 1674(b)(7) shall

7 take effect on the effective date specified in section

8 1691(b)(1) of the Reserve Officer Personnel Manage9 ment Act (notwithstanding section 1691(a) of such

10 Act).

11 (3) The amendments made by this section shall

12 take effect as if included in the Reserve Officer Per13 sonnel Management Act as enacted on October 5,

14 1994.

15 SEC. 1102. AMENDMENTS RELATED TO FEDERAL ACQUISI16 TION STREAMLINING ACT OF 1994.

17 (a) PUBLIC LAW 103–355.—Effective as of October 13,

18 1994, and as if included therein as enacted, the Federal Ac19 quisition Streamlining Act of 1994 (Public Law 103–355;

20 108 Stat. 3243 et seq.) is amended as follows:

21 (1) Section 1202(a) (108 Stat. 3274) is amended

22 by striking out the closing quotation marks and sec23 ond period at the end of paragraph (2)(B) of the sub24 section inserted by the amendment made by that sec25 tion.
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1 (2) Section 1251(b) (108 Stat. 3284) is amended

2 by striking out ‘‘Office of Federal Procurement Policy

3 Act’’ and inserting in lieu thereof ‘‘Federal Property

4 and Administrative Services Act of 1949’’.

5 (3) Section 2051(e) (108 Stat. 3304) is amended

6 by striking out the closing quotation marks and sec7 ond period at the end of subsection (f)(3) in the mat8 ter inserted by the amendment made by that section.

9 (4) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is

10 amended by replacing ‘‘regulation’’ with ‘‘regula11 tions’’ in the first quoted matter.

12 (5) The heading of section 2352(b) (108 Stat.

13 3322) is amended by striking out ‘‘PROCEDURES TO

14 SMALL BUSINESS GOVERNMENT CONTRACTORS.—’’

15 and inserting in lieu thereof ‘‘PROCEDURES.—’’.

16 (6) Section 3022 (108 Stat. 3333) is amended by

17 striking out ‘‘each place’’ and all that follows through

18 the end of the section and inserting in lieu thereof ‘‘in

19 paragraph (1) and ‘‘, rent,’’ after ‘‘sell’’ in paragraph

20 (2).’’.

21 (7) Section 5092(b) (108 Stat. 3362) is amended

22 by inserting ‘‘of paragraph (2)’’ after ‘‘second sen23 tence’’.

24 (8) Section 6005(a) (108 Stat. 3364) is amended

25 by striking out the closing quotation marks and sec-
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1 ond period at the end of subsection (e)(2) of the mat2 ter inserted by the amendment made by that section.

3 (9) Section 10005(f)(4) (108 Stat. 3409) is

4 amended in the second matter in quotation marks by

5 striking out ‘‘ ‘SEC. 5. This Act’’ and inserting in lieu

6 thereof ‘‘ ‘SEC. 7. This title’’.

7 (b) TITLE 10, UNITED STATES CODE.—Title 10, Unit8 ed States Code, is amended as follows:

9 (1) Section 2220(b) is amended by striking out

10 ‘‘the date of the enactment of the Federal Acquisition

11 Streamlining Act of 1994’’ and inserting in lieu

12 thereof ‘‘October 13, 1994’’.

13 (2)(A) The section 2247 added by section

14 7202(a)(1) of Public Law 103–355 (108 Stat. 3379)

15 is redesignated as section 2249.

16 (B) The item relating to that section in the table

17 of sections at the beginning of subchapter I of chapter

18 134 is revised to conform to the redesignation made

19 by subparagraph (A).

20 (3) Section 2302(3)(K) is amended by adding a

21 period at the end.

22 (4) Section 2304(h) is amended by striking out

23 paragraph (1) and inserting in lieu thereof the follow24 ing:
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1 ‘‘(1) The Walsh-Healey Act (41 U.S.C. 35 et

2 seq.).’’.

3 (5)(A) The section 2304a added by section

4 848(a)(1) of Public Law 103–160 (107 Stat. 1724) is

5 redesignated as section 2304e.

6 (B) The item relating to that section in the table

7 of sections at the beginning of chapter 137 is revised

8 to conform to the redesignation made by subpara9 graph (A).

10 (6) Section 2306a is amended—

11 (A) in subsection (d)(2)(A)(ii), by inserting

12 ‘‘to’’ after ‘‘The information referred’’;

13 (B) in subsection (e)(4)(B)(ii), by striking

14 out the second comma after ‘‘parties’’; and

15 (C) in subsection (i)(3), by inserting ‘‘(41

16 U.S.C. 403(12))’’ before the period at the end.

17 (7) Section 2323 is amended—

18 (A) in subsection (a)(1)(C), by inserting a

19 closing parenthesis after ‘‘1135d–5(3))’’ and

20 after ‘‘1059c(b)(1))’’;

21 (B) in subsection (a)(3), by inserting a clos22 ing parenthesis after ‘‘421(c))’’;

23 (C) in subsection (b), by inserting ‘‘(1)’’

24 after ‘‘AMOUNT.—’’; and
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1 (D) in subsection (i)(3), by adding at the

2 end a subparagraph (D) identical to the sub3 paragraph (D) set forth in the amendment made

4 by section 811(e) of Public Law 103–160 (107

5 Stat. 1702).

6 (8) Section 2324 is amended—

7 (A) in subsection (e)(2)(C)—

8 (i) by striking out ‘‘awarding the con9 tract’’ at the end of the first sentence; and

10 (ii) by striking out ‘‘title III’’ and all

11 that follows through ‘‘Act)’’ and inserting in

12 lieu thereof ‘‘the Buy American Act (41

13 U.S.C. 10b–1)’’; and

14 (B) in subsection (h)(2), by inserting ‘‘the

15 head of the agency or’’ after ‘‘in the case of any

16 contract if’’.

17 (9) Section 2350b is amended—

18 (A) in subsection (c)(1)—

19 (i) by striking out ‘‘specifically—’’ and

20 inserting in lieu thereof ‘‘specifically pre21 scribes—’’; and

22 (ii) by striking out ‘‘prescribe’’ in each

23 of subparagraphs (A), (B), (C), and (D);

24 and
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1 (B) in subsection (d)(1), by striking out

2 ‘‘subcontract to be’’ and inserting in lieu thereof

3 ‘‘subcontract be’’.

4 (10) Section 2356(a) is amended by striking out

5 ‘‘2354, or 2355’’ and inserting ‘‘or 2354’’.

6 (11) Section 2372(i)(1) is amended by striking

7 out ‘‘section 2324(m)’’ and inserting in lieu thereof

8 ‘‘section 2324(l)’’.

9 (12) Section 2384(b) is amended—

10 (A) in paragraph (2)—

11 (i) by striking ‘‘items, as’’ and insert12 ing in lieu thereof ‘‘items (as’’; and

13 (ii) by inserting a closing parenthesis

14 after ‘‘403(12))’’; and

15 (B) in paragraph (3), by inserting a closing

16 parenthesis after ‘‘403(11))’’.

17 (13) Section 2397(a)(1) is amended—

18 (A) by inserting ‘‘as defined in section

19 4(11) of the Office of Federal Procurement Policy

20 Act (41 U.S.C. 403(11))’’ after ‘‘threshold’’; and

21 (B) by striking out ‘‘section 4(12) of the Of22 fice of Federal Procurement Policy Act’’ and in23 serting in lieu thereof ‘‘section 4(12) of such

24 Act’’.
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1 (14) Section 2397b(f) is amended by inserting a

2 period at the end of paragraph (2)(B)(iii).

3 (15) Section 2400(a)(5) is amended by striking

4 out ‘‘the preceding sentence’’ and inserting in lieu

5 thereof ‘‘this paragraph’’.

6 (16) Section 2405 is amended—

7 (A) in paragraphs (1) and (2) of subsection

8 (a), by striking out ‘‘the date of the enactment

9 of the Federal Acquisition Streamlining Act of

10 1994’’ and inserting in lieu thereof ‘‘October 13,

11 1994’’; and

12 (B) in subsection (c)(3)—

13 (i) by striking out ‘‘the later of—’’ and

14 all that follows through ‘‘(B)’’; and

15 (ii) by redesignating clauses (i), (ii),

16 and (iii) as subparagraphs (A), (B), and

17 (C), respectively, and realigning those sub18 paragraphs accordingly.

19 (17) Section 2410d(b) is amended by striking out

20 paragraph (3).

21 (18) Section 2424(c) is amended—

22 (A) by inserting ‘‘EXCEPTION FOR SOFT

23 DRINKS.—’’ after ‘‘(c)’’; and
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1 (B) by striking out ‘‘drink’’ the first and

2 third places it appears in the second sentence

3 and inserting in lieu thereof ‘‘beverage’’.

4 (19) Section 2431 is amended—

5 (A) in subsection (b)—

6 (i) by striking out ‘‘Any report’’ in the

7 first sentence and inserting in lieu thereof

8 ‘‘Any documents’’; and

9 (ii) by striking out ‘‘the report’’ in

10 paragraph (3) and inserting in lieu thereof

11 ‘‘the documents’’; and

12 (B) in subsection (c), by striking ‘‘report13 ing’’ and inserting in lieu thereof ‘‘documenta14 tion’’.

15 (20) Section 2533(a) is amended by striking out

16 ‘‘title III of the Act’’ and all that follows through

17 ‘‘such Act’’ and inserting in lieu thereof ‘‘the Buy

18 American Act (41 U.S.C. 10a)) whether application

19 of such Act’’.

20 (21) Section 2662(b) is amended by striking out

21 ‘‘small purchase threshold’’ and inserting in lieu

22 thereof ‘‘simplified acquisition threshold’’.

23 (22) Section 2701(i)(1) is amended—

24 (A) by striking out ‘‘Act of August 24, 1935

25 (40 U.S.C. 270a–270d), commonly referred to as
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1 the ‘Miller Act’,’’ and inserting in lieu thereof

2 ‘‘Miller Act (40 U.S.C. 270a et seq.)’’; and

3 (B) by striking out ‘‘such Act of August 24,

4 1935’’ and inserting in lieu thereof ‘‘the Miller

5 Act’’.

6 (c) SMALL BUSINESS ACT.—The Small Business Act

7 (15 U.S.C. 632 et seq.) is amended as follows:

8 (1) Section 8(d) (15 U.S.C. 637(d)) is amend9 ed—

10 (A) in paragraph (1), by striking out the

11 second comma after ‘‘small business concerns’’

12 the first place it appears; and

13 (B) in paragraph (6)(C), by striking out

14 ‘‘and small business concerns owned and con15 trolled by the socially and economically dis16 advantaged individuals’’ and inserting in lieu

17 thereof ‘‘, small business concerns owned and

18 controlled by socially and economically dis19 advantaged individuals, and small business con20 cerns owned and controlled by women’’.

21 (2) Section 8(f) (15 U.S.C. 637(f)) is amended

22 by inserting ‘‘and’’ after the semicolon at the end of

23 paragraph (5).
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1 (3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is

2 amended by striking out the second comma after the

3 first appearance of ‘‘small business concerns’’.

4 (d) TITLE 31, UNITED STATES CODE.—Section 3551

5 of title 31, United States Code, is amended—

6 (1) by striking out ‘‘subchapter—’’ and inserting

7 in lieu thereof ‘‘subchapter:’’; and

8 (2) in paragraph (2), by striking out ‘‘or pro9 posed contract’’ and inserting in lieu thereof ‘‘or a so10 licitation or other request for offers’’.

11 (e) FEDERAL PROPERTY AND ADMINISTRATIVE SERV12 ICES ACT OF 1949.—The Federal Property and Adminis13 trative Services Act of 1949 is amended as follows:

14 (1) The table of contents in section 1 (40 U.S.C.

15 471 prec.) is amended—

16 (A) by striking out the item relating to sec17 tion 104;

18 (B) by striking out the item relating to sec19 tion 201 and inserting in lieu thereof the follow20 ing:

‘‘Sec. 201. Procurements, warehousing, and related activities.’’;

21 (C) by inserting after the item relating to

22 section 315 the following new item:

‘‘Sec. 316. Merit-based award of grants for research and development.’’;
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1 (D) by striking out the item relating to sec2 tion 603 and inserting in lieu thereof the follow3 ing:

‘‘Sec. 603. Authorizations for appropriations and transfer authority.’’; and

4 (E) by inserting after the item relating to

5 section 605 the following new item:

‘‘Sec. 606. Sex discrimination.’’.

6 (2) Section 111(b)(3) (40 U.S.C. 759(b)(3)) is

7 amended by striking out the second period at the end

8 of the third sentence.

9 (3) Section 111(f)(9) (40 U.S.C. 759(f)(9)) is

10 amended in subparagraph (B) by striking out ‘‘or

11 proposed contract’’ and inserting in lieu thereof ‘‘or

12 a solicitation or other request for offers’’.

13 (4) The heading for paragraph (1) of section

14 304A(c) is amended by changing each letter that is

15 capitalized (other than the first letter of the first

16 word) to lower case.

17 (5) The heading for section 314A (41 U.S.C. 41

18 U.S.C. 264a) is amended to read as follows:

19 ‘‘SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF

20 COMMERCIAL ITEMS.’’.

21 (6) The heading for section 316 (41 U.S.C. 266)

22 is amended by inserting at the end a period.

23 (f) WALSH-HEALEY ACT.—
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1 (1) The Walsh-Healey Act (41 U.S.C. 35 et seq.)

2 is amended—

3 (A) by transferring the second section 11 (as

4 added by section 7201(4) of Public Law 103–

5 355) so as to appear after section 10; and

6 (B) by redesignating the three sections fol7 lowing such section 11 (as so transferred) as sec8 tions 12, 13, and 14.

9 (2) Such Act is further amended in section 10(c)

10 by striking out the comma after ‘‘ ‘locality’ ’’.

11 (g) ANTI-KICKBACK ACT OF 1986.—Section 7 of the

12 Anti-Kickback Act of 1986 (41 U.S.C. 57) is amended by

13 striking out the second period at the end of subsection (d).

14 (h) OFFICE OF FEDERAL PROCUREMENT POLICY

15 ACT.—The Office of Federal Procurement Policy Act (41

16 U.S.C. 401 et seq.) is amended as follows:

17 (1) Section 6 (41 U.S.C. 405) is amended by

18 transferring paragraph (12) of subsection (d) (as such

19 paragraph was redesignated by section 5091(2) of the

20 Federal Acquisition Streamlining Act of 1994 (P.L.

21 103–355; 108 Stat. 3361) to the end of that sub22 section.

23 (2) Section 18(b) (41 U.S.C. 416(b)) is amended

24 by inserting ‘‘and’’ after the semicolon at the end of

25 paragraph (5).
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1 (3) Section 26(f)(3) (41 U.S.C. 422(f)(3) is

2 amended in the first sentence by striking out ‘‘Not

3 later than 180 days after the date of enactment of this

4 section, the Administrator’’ and inserting in lieu

5 thereof ‘‘The Administrator’’.

6 (i) OTHER LAWS.—

7 (1) The National Defense Authorization Act for

8 Fiscal Year 1994 (Public Law 103–160) is amended

9 as follows:

10 (A) Section 126(c) (107 Stat. 1567) is

11 amended by striking out ‘‘section 2401 of title

12 10, United States Code, or section 9081 of the

13 Department of Defense Appropriations Act, 1990

14 (10 U.S.C. 2401 note).’’ and inserting in lieu

15 thereof ‘‘section 2401 or 2401a of title 10, United

16 States Code.’’.

17 (B) Section 127 (107 Stat. 1568) is amend18 ed—

19 (i) in subsection (a), by striking out

20 ‘‘section 2401 of title 10, United States

21 Code, or section 9081 of the Department of

22 Defense Appropriations Act, 1990 (10

23 U.S.C. 2401 note).’’ and inserting in lieu

24 thereof ‘‘section 2401 or 2401a of title 10,

25 United States Code.’’; and
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1 (ii) in subsection (e), by striking out

2 ‘‘section 9081 of the Department of Defense

3 Appropriations Act, 1990 (10 U.S.C. 2401

4 note).’’ and inserting in lieu thereof ‘‘section

5 2401a of title 10, United States Code.’’.

6 (2) The National Defense Authorization Act for

7 Fiscal Years 1990 and 1991 (Public Law 101–189) is

8 amended by striking out section 824.

9 (3) The National Defense Authorization Act for

10 Fiscal Years 1988 and 1989 (Public Law 100–180) is

11 amended by striking out section 825 (10 U.S.C. 2432

12 note).

13 (4) Section 3737(g) of the Revised Statutes (41

14 U.S.C. 15(g)) is amended by striking out ‘‘rights of

15 obligations’’ and inserting in lieu thereof ‘‘rights or

16 obligations’’.

17 (5) The section of the Revised Statutes (41

18 U.S.C. 22) amended by section 6004 of Public Law

19 103–355 (108 Stat. 3364) is amended by striking out

20 ‘‘No member’’ and inserting in lieu thereof ‘‘SEC.

21 3741. No Member’’.

22 (6) Section 5152(a)(1) of the Drug-Free Work23 place Act of 1988 (41 U.S.C. 701(a)(1)) is amended

24 by striking out ‘‘as defined in section 4 of the Office

25 of Federal Procurement Policy Act (41 U.S.C. 403)’’
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1 and inserting in lieu thereof ‘‘(as defined in section

2 4(12) of such Act (41 U.S.C. 403(12)))’’.

3 SEC. 1103. AMENDMENTS TO REFLECT NAME CHANGE OF

4 COMMITTEE ON ARMED SERVICES OF THE

5 HOUSE OF REPRESENTATIVES.

6 (a) TITLE 10, UNITED STATES CODE.—Title 10, Unit7 ed States Code, is amended as follows:

8 (1) Sections 503(b)(5), 520a(d), 526(d)(1),

9 619a(h)(2), 806a(b), 838(b)(7), 946(c)(1)(A),

10 1098(b)(2), 2313(b)(4), 2361(c)(1), 2371(h), 2391(c),

11 2430(b), 2432(b)(3)(B), 2432(c)(2), 2432(h)(1),

12 2667(d)(3), 2672a(b), 2687(b)(1), 2891(a), 4342(g),

13 7307(b)(1)(A), and 9342(g) are amended by striking

14 out ‘‘Committees on Armed Services of the Senate and

15 House of Representatives’’ and inserting in lieu there16 of ‘‘Committee on Armed Services of the Senate and

17 the Committee on National Security of the House of

18 Representatives’’.

19 (2) Sections 178(c)(1)(A), 942(e)(5), 2350f(c),

20 2864(b), 7426(e), 7431(a), 7431(b)(1), 7431(c),

21 7438(b), 12302(b), 18235(a), and 18236(a) are

22 amended by striking out ‘‘Committees on Armed

23 Services of the Senate and the House of Representa24 tives’’ and inserting in lieu thereof ‘‘Committee on
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1 Armed Services of the Senate and the Committee on

2 National Security of the House of Representatives’’.

3 (3) Section 113(j)(1) is amended by striking out

4 ‘‘Committees on Armed Services and Committees on

5 Appropriations of the Senate and’’ and inserting in

6 lieu thereof ‘‘Committee on Armed Services and the

7 Committee on Appropriations of the Senate and the

8 Committee on National Security and the Committee

9 on Appropriations of the’’.

10 (4) Section 119(g) is amended by striking out

11 paragraphs (1) and (2) and inserting in lieu thereof

12 the following:

13 ‘‘(1) the Committee on Armed Services and the

14 Committee on Appropriations, and the Defense Sub15 committee of the Committee on Appropriations, of the

16 Senate; and

17 ‘‘(2) the Committee on National Security and the

18 Committee on Appropriations, and the National Se19 curity Subcommittee of the Committee on Appropria20 tions, of the House of Representatives.’’.

21 (5) Section 127(c) is amended by striking out

22 ‘‘Committees on Armed Services and Appropriations

23 of the Senate and’’ and inserting in lieu thereof

24 ‘‘Committee on Armed Services and the Committee on

25 Appropriations of the Senate and the Committee on
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1 National Security and the Committee on Appropria2 tions of’’.

3 (6) Section 135(e) is amended—

4 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’;

5 (B) by striking out ‘‘the Committees on

6 Armed Services and the Committees on Appro7 priations of the Senate and House of Representa8 tives are each’’ and inserting in lieu thereof

9 ‘‘each congressional committee specified in para10 graph (2) is’’; and

11 (C) by adding at the end the following:

12 ‘‘(2) The committees referred to in paragraph (1)

13 are—

14 ‘‘(A) the Committee on Armed Services and the

15 Committee on Appropriations of the Senate; and

16 ‘‘(B) the Committee on National Security and

17 the Committee on Appropriations of the House of

18 Representatives.’’.

19 (7) Section 179(e) is amended by striking out

20 ‘‘to the Committees on Armed Services and Appro21 priations of the Senate and’’ and inserting in lieu

22 thereof ‘‘to the Committee on Armed Services and the

23 Committee on Appropriations of the Senate and the

24 Committee on National Security and the Committee

25 on Appropriations of the’’.
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1 (8) Sections 401(d) and 402(d) are amended by

2 striking out ‘‘submit to the’’ and all that follows

3 through ‘‘Foreign Affairs’’ and inserting in lieu there4 of ‘‘submit to the Committee on Armed Services and

5 the Committee on Foreign Relations of the Senate and

6 the Committee on National Security and the Commit7 tee on International Relations’’.

8 (9) Sections 1584(b), 2367(d)(2), and

9 2464(b)(3)(A) are amended by striking out ‘‘the Com10 mittees on Armed Services and the Committees on

11 Appropriations of the Senate and’’ and inserting in

12 lieu thereof ‘‘the Committee on Armed Services and

13 the Committee on Appropriations of the Senate and

14 the Committee on National Security and the Commit15 tee on Appropriations of the’’.

16 (10) Sections 2306b(g), 2801(c)(4), and

17 18233a(a)(1) are amended by striking out ‘‘the Com18 mittees on Armed Services and on Appropriations of

19 the Senate and’’ and inserting in lieu thereof ‘‘the

20 Committee on Armed Services and the Committee on

21 Appropriations of the Senate and the Committee on

22 National Security and the Committee on Appropria23 tions of the’’.

24 (11) Section 1599(e)(2) is amended—
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1 (A) in subparagraph (A), by striking out

2 ‘‘The Committees on Armed Services and Appro3 priations’’ and inserting in lieu thereof ‘‘The

4 Committee on National Security, the Committee

5 on Appropriations,’’; and

6 (B) in subparagraph (B), by striking out

7 ‘‘The Committees on Armed Services and Appro8 priations’’ and inserting in lieu thereof ‘‘The

9 Committee on Armed Services, the Committee on

10 Appropriations,’’.

11 (12) Sections 1605(c), 4355(a)(3), 6968(a)(3),

12 and 9355(a)(3) are amended by striking out ‘‘Armed

13 Services’’ and inserting in lieu thereof ‘‘National Se14 curity’’.

15 (13) Section 1060(d) is amended by striking out

16 ‘‘Committee on Armed Services and the Committee on

17 Foreign Affairs’’ and inserting in lieu thereof ‘‘Com18 mittee on National Security and the Committee on

19 International Relations’’.

20 (14) Section 2215 is amended—

21 (A) by inserting ‘‘(a) CERTIFICATION RE22 QUIRED.—’’ at the beginning of the text of the

23 section;

24 (B) by striking out ‘‘to the Committees’’

25 and all that follows through ‘‘House of Rep-
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1 resentatives’’ and inserting in lieu thereof ‘‘to the

2 congressional committees specified in subsection

3 (b)’’; and

4 (C) by adding at the end the following:

5 ‘‘(b) CONGRESSIONAL COMMITTEES.—The committees

6 referred to in subsection (a) are—

7 ‘‘(1) the Committee on Armed Services and the

8 Committee on Appropriations of the Senate; and

9 ‘‘(2) the Committee on National Security and the

10 Committee on Appropriations of the House of Rep11 resentatives.’’.

12 (15) Section 2218 is amended—

13 (A) in subsection (j), by striking out ‘‘the

14 Committees on Armed Services and on Appro15 priations of the Senate and the House of Rep16 resentatives’’ and inserting in lieu thereof ‘‘the

17 congressional defense committees’’; and

18 (B) by adding at the end of subsection (k)

19 the following new paragraph:

20 ‘‘(4) The term ‘congressional defense committees’

21 means—

22 ‘‘(A) the Committee on Armed Services and

23 the Committee on Appropriations of the Senate;

24 and
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1 ‘‘(B) the Committee on National Security

2 and the Committee on Appropriations of the

3 House of Representatives.’’.

4 (16) Section 2342(b) is amended—

5 (A) in the matter preceding paragraph (1),

6 by striking out ‘‘section—’’ and inserting in lieu

7 thereof ‘‘section unless—’’;

8 (B) in paragraph (1), by striking out ‘‘un9 less’’; and

10 (C) in paragraph (2), by striking out ‘‘noti11 fies the’’ and all that follows through ‘‘House of

12 Representatives’’ and inserting in lieu thereof

13 ‘‘the Secretary submits to the Committee on

14 Armed Services and the Committee on Foreign

15 Relations of the Senate and the Committee on

16 National Security and the Committee on Inter17 national Relations of the House of Representa18 tives notice of the intended designation’’.

19 (17) Section 2350a(f)(2) is amended by striking

20 out ‘‘submit to the Committees’’ and all that follows

21 through ‘‘House of Representatives’’ and inserting in

22 lieu thereof ‘‘submit to the Committee on Armed Serv23 ices and the Committee on Foreign Relations of the

24 Senate and the Committee on National Security and
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1 the Committee on International Relations of the

2 House of Representatives’’.

3 (18) Section 2366 is amended—

4 (A) in subsection (d), by striking out ‘‘the

5 Committees on Armed Services and on Appro6 priations of the Senate and House of Representa7 tives’’ and inserting in lieu thereof ‘‘the congres8 sional defense committees’’; and

9 (B) by adding at the end of subsection (e)

10 the following new paragraph:

11 ‘‘(7) The term ‘congressional defense committees’

12 means—

13 ‘‘(A) the Committee on Armed Services and

14 the Committee on Appropriations of the Senate;

15 and

16 ‘‘(B) the Committee on National Security

17 and the Committee on Appropriations of the

18 House of Representatives.’’.

19 (19) Section 2399(h)(2) is amended by striking

20 out ‘‘means’’ and all the follows and inserting in lieu

21 thereof the following: ‘‘means—

22 ‘‘(A) the Committee on Armed Services and

23 the Committee on Appropriations of the Senate;

24 and
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1 ‘‘(B) the Committee on National Security

2 and the Committee on Appropriations of the

3 House of Representatives.’’.

4 (20) Section 2401(b)(1) is amended—

5 (A) in subparagraph (B), by striking out

6 ‘‘the Committees on Armed Services and on Ap7 propriations of the Senate and’’ and inserting in

8 lieu thereof ‘‘the Committee on Armed Services

9 and the Committee on Appropriations of the

10 Senate and the Committee on National Security

11 and the Committees on Appropriations of the’’;

12 and

13 (B) in subparagraph (C), by striking out

14 ‘‘the Committees on Armed Services and on Ap15 propriations of the Senate and House of Rep16 resentatives’’ and inserting in lieu thereof ‘‘those

17 committees’’.

18 (21) Section 2403(e) is amended—

19 (A) by inserting ‘‘(1)’’ before ‘‘Before mak20 ing’’;

21 (B) by striking out ‘‘shall notify the Com22 mittees on Armed Services and on Appropria23 tions of the Senate and House of Representa24 tives’’ and inserting in lieu thereof ‘‘shall submit
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1 to the congressional committees specified in

2 paragraph (2) notice’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(2) The committees referred to in paragraph (1)

6 are—

7 ‘‘(A) the Committee on Armed Services and the

8 Committee on Appropriations of the Senate; and

9 ‘‘(B) the Committee on National Security and

10 the Committee on Appropriations of the House of

11 Representatives.’’.

12 (22) Section 2515(d) is amended—

13 (A) by striking out ‘‘REPORTING’’ and all

14 that follows through ‘‘same time’’ and inserting

15 in lieu thereof ‘‘ANNUAL REPORT.—(1) The Sec16 retary of Defense shall submit to the congres17 sional committees specified in paragraph (2) an

18 annual report on the activities of the Office. The

19 report shall be submitted each year at the same

20 time’’; and

21 (B) by adding at the end the following new

22 paragraph:

23 ‘‘(2) The committees referred to in paragraph (1)

24 are—
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1 ‘‘(A) the Committee on Armed Services and the

2 Committee on Appropriations of the Senate; and

3 ‘‘(B) the Committee on National Security and

4 the Committee on Appropriations of the House of

5 Representatives.’’.

6 (23) Section 2551 is amended—

7 (A) in subsection (e)(1), by striking out ‘‘the

8 Committees on Armed Services’’ and all that fol9 lows through ‘‘House of Representatives’’ and in10 serting in lieu thereof ‘‘the Committee on Armed

11 Services and the Committee on Foreign Rela12 tions of the Senate and the Committee on Na13 tional Security and the Committee on Inter14 national Relations of the House of Representa15 tives’’; and

16 (B) in subsection (f)—

17 (i) by inserting ‘‘(1)’’ before ‘‘In any

18 case’’;

19 (ii) by striking out ‘‘Committees on

20 Appropriations’’ and all that follows

21 through ‘‘House of Representatives’’ the sec22 ond place it appears and inserting in lieu

23 thereof ‘‘congressional committees specified

24 in paragraph (2)’’; and
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1 (iii) by adding at the end the follow2 ing:

3 ‘‘(2) The committees referred to in paragraph (1)

4 are—

5 ‘‘(A) the Committee on Armed Services, the Com6 mittee on Foreign Relations, and the Committee on

7 Appropriations of the Senate; and

8 ‘‘(B) the Committee on National Security, the

9 Committee on International Relations, and the Com10 mittee on Appropriations of the House of Representa11 tives.’’.

12 (24) Section 2662 is amended—

13 (A) in subsection (a)—

14 (i) in the matter preceding paragraph

15 (1), by striking out ‘‘the Committees on

16 Armed Services of the Senate and House of

17 Representatives’’ and inserting in lieu

18 thereof ‘‘the Committee on Armed Services

19 of the Senate and the Committee on Na20 tional Security of the House of Representa21 tives’’; and

22 (ii) in the matter following paragraph

23 (6), by striking out ‘‘to be submitted to the

24 Committees on Armed Services of the Senate

25 and House of Representatives’’;
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1 (B) in subsection (b), by striking out ‘‘shall

2 report annually to the Committees on Armed

3 Services of the Senate and the House of Rep4 resentatives’’ and inserting in lieu thereof ‘‘shall

5 submit annually to the congressional committees

6 named in subsection (a) a report’’;

7 (C) in subsection (e), by striking out ‘‘the

8 Committees on Armed Services of the Senate and

9 the House of Representatives’’ and inserting in

10 lieu thereof ‘‘the congressional committees named

11 in subsection (a)’’; and

12 (D) in subsection (f), by striking out ‘‘the

13 Committees on Armed Services of the Senate and

14 the House of Representatives shall’’ and inserting

15 in lieu thereof ‘‘the congressional committees

16 named in subsection (a) shall’’.

17 (25) Section 2674(a) is amended—

18 (A) in paragraph (2), by striking out

19 ‘‘Committees on Armed Services of the Senate

20 and the House of Representatives, the Committee

21 on Environment and Public Works of the Senate,

22 and the Committee on Public Works and Trans23 portation of the House of Representatives’’ and

24 inserting in lieu thereof ‘‘congressional commit25 tees specified in paragraph (3)’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(3) The committees referred to in paragraph (1)

4 are—

5 ‘‘(A) the Committee on Armed Services and the

6 Committee on Environment and Public Works of the

7 Senate; and

8 ‘‘(B) the Committee on National Security and

9 the Committee on Transportation and Infrastructure

10 of the House of Representatives.’’.

11 (26) Section 2813(c) is amended by striking out

12 ‘‘Committees on Armed Services and the Committees

13 on Appropriations of the Senate and House of Rep14 resentatives’’ and inserting in lieu thereof ‘‘appro15 priate committees of Congress’’.

16 (27) Sections 2825(b)(1) and 2832(b)(2) are

17 amended by striking out ‘‘Committees on Armed

18 Services and the Committees on Appropriations of the

19 Senate and of the House of Representatives’’ and in20 serting in lieu thereof ‘‘appropriate committees of

21 Congress’’.

22 (28) Section 2865(e)(2) and 2866(c)(2) are

23 amended by striking out ‘‘Committees on Armed

24 Services and Appropriations of the Senate and House
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1 of Representatives’’ and inserting in lieu thereof ‘‘ap2 propriate committees of Congress’’.

3 (29)(A) Section 7434 of such title is amended to

4 read as follows:

5 ‘‘§ 7434. Annual report to congressional committees

6 ‘‘Not later than October 31 of each year, the Secretary

7 shall submit to the Committee on Armed Services of the

8 Senate and the Committee on National Security of the

9 House of Representatives a report on the production from

10 the naval petroleum reserves during the preceding calendar

11 year.’’.

12 (B) The item relating to such section in the table

13 of contents at the beginning of chapter 641 is amend14 ed to read as follows:

‘‘7434. Annual report to congressional committees.’’.

15 (b) TITLE 37, UNITED STATES CODE.—Title 37, Unit16 ed States Code, is amended—

17 (1) in sections 301b(i)(2) and 406(i), by striking

18 out ‘‘Committees on Armed Services of the Senate and

19 House of Representatives’’ and inserting in lieu there20 of ‘‘Committee on Armed Services of the Senate and

21 the Committee on National Security of the House of

22 Representatives’’; and

23 (2) in section 431(d), by striking out ‘‘Armed

24 Services’’ the first place it appears and inserting in

25 lieu thereof ‘‘National Security’’.
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1 (c) ANNUAL DEFENSE AUTHORIZATION ACTS.—

2 (1) The National Defense Authorization Act for

3 Fiscal Year 1994 (Public Law 103–160) is amended

4 in sections 2922(b) and 2925(b) (10 U.S.C. 2687

5 note) by striking out ‘‘Committees on Armed Services

6 of the Senate and House of Representatives’’ and in7 serting in lieu thereof ‘‘Committee on Armed Services

8 of the Senate and the Committee on National Secu9 rity of the House of Representatives’’.

10 (2) The National Defense Authorization Act for

11 Fiscal Year 1993 (Public Law 102–484) is amend12 ed—

13 (A) in section 326(a)(5) (10 U.S.C. 2301

14 note) and section 1304(a) (10 U.S.C. 113 note),

15 by striking out ‘‘Committees on Armed Services

16 of the Senate and House of Representatives’’ and

17 inserting in lieu thereof ‘‘Committee on Armed

18 Services of the Senate and the Committee on Na19 tional Security of the House of Representatives’’;

20 and

21 (B) in section 1505(e)(2)(B) (22 U.S.C.

22 5859a), by striking out ‘‘the Committee on

23 Armed Services, the Committee on Appropria24 tions, the Committee on Foreign Affairs, and the

25 Committee on Energy and Commerce’’ and in-
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1 serting in lieu thereof ‘‘the Committee on Na2 tional Security, the Committee on Appropria3 tions, the Committee on International Relations,

4 and the Committee on Commerce’’.

5 (3) Section 1097(a)(1) of the National Defense

6 Authorization Act for Fiscal Years 1992 and 1993

7 (Public Law 102–190; 22 U.S.C. 2751 note) is

8 amended by striking out ‘‘the Committees on Armed

9 Services and Foreign Affairs’’ and inserting in lieu

10 thereof ‘‘the Committee on National Security and the

11 Committee on International Relations’’.

12 (4) The National Defense Authorization Act for

13 Fiscal Year 1991 (P.L. 101–510) is amended as fol14 lows:

15 (A) Section 402(a) and section 1208(b)(3)

16 (10 U.S.C. 1701 note) are amended by striking

17 out ‘‘Committees on Armed Services of the Sen18 ate and the House of Representatives’’ and in19 serting in lieu thereof ‘‘Committee on Armed

20 Services of the Senate and the Committee on Na21 tional Security of the House of Representatives’’.

22 (B) Section 1403(a) (50 U.S.C. 404b(a)) is

23 amended—

24 (i) by striking out ‘‘the Committees

25 on’’ and all that follows through ‘‘each
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1 year’’ and inserting in lieu thereof ‘‘the

2 Committee on Armed Services, the Commit3 tee on Appropriations, and the Select Com4 mittee on Intelligence of the Senate and the

5 Committee on National Security, the Com6 mittee on Appropriations, and the Perma7 nent Select Committee on Intelligence of the

8 House of Representatives each year’’.

9 (C) Section 1457(a) (50 U.S.C. 404c(a)) is

10 amended by striking out ‘‘the Committees on

11 Armed Services and on Foreign Affairs of the

12 House of Representatives and the Committees on

13 Armed Services and’’ and inserting in lieu there14 of ‘‘the Committee on National Security and the

15 Committee on International Relations of the

16 House of Representatives and the Committee on

17 Armed Services and the Committee on’’.

18 (D) Section 2921 (10 U.S.C. 2687 note) is

19 amended—

20 (i) in subsection (e)(3)(A), by striking

21 out ‘‘the Committee on Armed Services, the

22 Committee on Appropriations, and the De23 fense Subcommittees’’ and inserting in lieu

24 thereof ‘‘the Committee on National Secu-
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1 rity, the Committee on Appropriations, and

2 the National Security Subcommittee’’; and

3 (ii) in subsection (g)(2), by striking

4 out ‘‘the Committees on Armed Services of

5 the Senate and House of Representatives’’

6 and inserting in lieu thereof ‘‘the Committee

7 on Armed Services of the Senate and the

8 Committee on National Security of the

9 House of Representatives’’.

10 (5) Section 613(h)(1) of the National Defense

11 Authorization Act, Fiscal Year 1989 (Public Law

12 100–456; 37 U.S.C. 302 note), is amended by striking

13 out ‘‘the Committees on Armed Services of the Senate

14 and the House of Representatives’’ and inserting in

15 lieu thereof ‘‘the Committee on Armed Services of the

16 Senate and the Committee on National Security of

17 the House of Representatives’’.

18 (6) Section 1412 of the Department of Defense

19 Authorization Act, 1986 (Public Law 99–145; 50

20 U.S.C. 1521), is amended in subsections (b)(4) and

21 (k)(2), by striking out ‘‘Committees on Armed Serv22 ices of the Senate and House of Representatives’’ and

23 inserting in lieu thereof ‘‘Committee on Armed Serv24 ices of the Senate and the Committee on National Se25 curity of the House of Representatives’’.
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1 (7) Section 1002(d) of the Department of Defense

2 Authorization Act, 1985 (Public Law 98–525; 22

3 U.S.C. 1928 note), is amended by striking out ‘‘the

4 Committees on Armed Services of the Senate and the

5 House of Representatives’’ and inserting in lieu there6 of ‘‘the Committee on Armed Services of the Senate,

7 the Committee on National Security of the House of

8 Representatives’’.

9 (8) Section 1252 of the Department of Defense

10 Authorization Act, 1984 (42 U.S.C. 248d), is amend11 ed—

12 (A) in subsection (d), by striking out ‘‘Com13 mittees on Appropriations and on Armed Serv14 ices of the Senate and the House of Representa15 tives’’ and inserting in lieu thereof ‘‘Committee

16 on Appropriations and the Committee on Armed

17 Services of the Senate and the Committee on Ap18 propriations and the Committee on National Se19 curity of the House of Representatives’’; and

20 (B) in subsection (e), by striking out ‘‘Com21 mittees on Appropriations and on Armed Serv22 ices of the Senate and the House of Representa23 tives’’ and inserting in lieu thereof ‘‘congres24 sional committees specified in subsection (d)’’.
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1 (d) BASE CLOSURE LAW.—The Defense Base Closure

2 and Realignment Act of 1990 (part A of title XXIX of Pub3 lic Law 101–510; 10 U.S.C. 2687 note) is amended as fol4 lows:

5 (1) Sections 2902(e)(2)(B)(ii) and 2908(b) are

6 amended by striking out ‘‘Armed Services’’ the first

7 place it appears and inserting in lieu thereof ‘‘Na8 tional Security’’.

9 (2) Section 2910(2) is amended by striking out

10 ‘‘the Committees on Armed Services and the Commit11 tees on Appropriations of the Senate and of the House

12 of Representatives’’ and inserting in lieu thereof ‘‘the

13 Committee on Armed Services and the Committee on

14 Appropriations of the Senate and the Committee on

15 National Security and the Committee on Appropria16 tions of the House of Representatives’’.

17 (e) NATIONAL DEFENSE STOCKPILE.—The Strategic

18 and Critical Materials Stock Piling Act is amended—

19 (1) in section 6(d) (50 U.S.C. 98e(d))—

20 (A) in paragraph (1), by striking out

21 ‘‘Committees on Armed Services of the Senate

22 and House of Representatives’’ and inserting in

23 lieu thereof ‘‘Committee on Armed Services of the

24 Senate and the Committee on National Security

25 of the House of Representatives’’; and
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1 (B) in paragraph (2), by striking out ‘‘the

2 Committees on Armed Services of the Senate and

3 House of Representatives’’ and inserting in lieu

4 thereof ‘‘such congressional committees’’; and

5 (2) in section 7(b) (50 U.S.C. 98f(b)), by striking

6 out ‘‘Committees on Armed Services of the Senate and

7 House of Representatives’’ and inserting in lieu there8 of ‘‘Committee on Armed Services of the Senate and

9 the Committee on National Security of the House of

10 Representatives’’.

11 (f) OTHER DEFENSE-RELATED PROVISIONS.—

12 (1) Section 8125(g)(2) of the Department of De13 fense Appropriations Act, 1989 (Public Law 100–463;

14 10 U.S.C. 113 note), is amended by striking out

15 ‘‘Committees on Appropriations and Armed Services

16 of the Senate and House of Representatives’’ and in17 serting in lieu thereof ‘‘Committee on Appropriations

18 and the Committees on Armed Services of the Senate

19 and the Committee on Appropriations and the Com20 mittees on National Security of the House of Rep21 resentatives’’.

22 (2) Section 1505(f)(3) of the Military Child Care

23 Act of 1989 (title XV of Public Law 101–189; 10

24 U.S.C. 113 note) is amended by striking out ‘‘Com25 mittees on Armed Services of the Senate and House
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1 of Representatives’’ and inserting in lieu thereof

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

3 Committee on National Security of the House of Rep4 resentatives’’.

5 (3) Section 9047A of the Department of Defense

6 Appropriations Act, 1993 (Public Law 102–396; 10

7 U.S.C. 2687 note), is amended by striking out ‘‘the

8 Committees on Appropriations and Armed Services of

9 the House of Representatives and the Senate’’ and in10 serting in lieu thereof ‘‘the Committee on Appropria11 tions and the Committee on Armed Services of the

12 Senate and the Committee on Appropriations and the

13 Committee on National Security of the House of Rep14 resentatives’’.

15 (4) Section 3059(c)(1) of the Defense Drug Inter16 diction Assistance Act (subtitle A of title III of Public

17 Law 99–570; 10 U.S.C. 9441 note) is amended by

18 striking out ‘‘Committees on Appropriations and on

19 Armed Services of the Senate and the House of Rep20 resentatives’’ and inserting in lieu thereof ‘‘Committee

21 on Armed Services and the Committee on Appropria22 tions of the Senate and the Committee on National

23 Security and the Committee on Appropriations of the

24 House of Representatives’’.
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1 (5) Section 7606(b) of the Anti-Drug Abuse Act

2 of 1988 (Public Law 100–690; 10 U.S.C. 9441 note)

3 is amended by striking out ‘‘Committees on Appro4 priations and the Committee on Armed Services of

5 the Senate and the House of Representatives’’ and in6 serting in lieu thereof ‘‘Committee on Armed Services

7 and the Committee on Appropriations of the Senate

8 and the Committee on National Security and the

9 Committee on Appropriations of the House of Rep10 resentatives’’.

11 (6) Section 104(d)(5) of the National Security

12 Act of 1947 (50 U.S.C. 403–4(d)(5)) is amended by

13 striking out ‘‘Committees on Armed Services of the

14 Senate and House of Representatives’’ and inserting

15 in lieu thereof ‘‘Committee on Armed Services of the

16 Senate and the Committee on National Security of

17 the House of Representatives’’.

18 (7) Section 8 of the Inspector General Act of

19 1978 (5 U.S.C. App.) is amended—

20 (A) in subsection (b)(3), by striking out

21 ‘‘Committees on Armed Services and Government

22 Operations’’ and inserting in lieu thereof ‘‘Com23 mittee on National Security and the Committee

24 on Government Reform and Oversight’’;
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1 (B) in subsection (b)(4), by striking out

2 ‘‘Committees on Armed Services and Govern3 mental Affairs of the Senate and the Committees

4 on Armed Services and Government Operations

5 of the House of Representatives’’ and inserting

6 in lieu thereof ‘‘congressional committees speci7 fied in paragraph (3)’’;

8 (C) in subsection (f)(1), by striking out

9 ‘‘Committees on Armed Services and Government

10 Operations’’ and inserting in lieu thereof ‘‘Com11 mittee on National Security and the Committee

12 on Government Reform and Oversight’’; and

13 (D) in subsection (f)(2), by striking out

14 ‘‘Committees on Armed Services and Govern15 mental Affairs of the Senate and the Committees

16 on Armed Services and Government Operations

17 of the House of Representatives’’ and inserting

18 in lieu thereof ‘‘congressional committees speci19 fied in paragraph (1)’’.

20 (8) Section 204(h)(3) of the Federal Property

21 and Administrative Services Act of 1949 (40 U.S.C.

22 485(h)(3)) is amended by striking out ‘‘Committees

23 on Armed Services of the Senate and of the House of

24 Representatives’’ and inserting in lieu thereof ‘‘Com25 mittee on Armed Services of the Senate and the Com-
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1 mittee on National Security of the House of Rep2 resentatives’’.

3 SEC. 1104. MISCELLANEOUS AMENDMENTS TO TITLE 10,

4 UNITED STATES CODE.

5 (a) SUBTITLE A.—Subtitle A of title 10, United States

6 Code, is amended as follows:

7 (1) Section 113(i)(2)(B) is amended by striking

8 out ‘‘the five years covered’’ and all that follows

9 through ‘‘section 114(g)’’ and inserting in lieu thereof

10 ‘‘the period covered by the future-years defense pro11 gram submitted to Congress during that year pursu12 ant to section 221’’.

13 (2) Section 136(c) is amended by striking out

14 ‘‘Comptroller’’ and inserting in lieu thereof ‘‘Under

15 Secretary of Defense (Comptroller)’’.

16 (3) Section 227(3)(D) is amended by striking out

17 ‘‘for’’.

18 (4) Effective October 1, 1995, section 526 is

19 amended—

20 (A) in subsection (a), by striking out para21 graphs (1), (2), and (3) and inserting in lieu

22 thereof the following:

23 ‘‘(1) For the Army, 302.

24 ‘‘(2) For the Navy, 216.

25 ‘‘(3) For the Air Force, 279.’’;
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1 (B) by striking out subsection (b);

2 (C) by redesignating subsections (c), (d),

3 and (e) as subsections (b), (c), and (d);

4 (D) in subsection (b), as so redesignated, by

5 striking out ‘‘that are applicable on and after

6 October 1, 1995’’; and

7 (E) in paragraph (2)(B) of subsection (c),

8 as redesignated by subparagraph (C), is amend9 ed—

10 (i) by striking out ‘‘the’’ after ‘‘in the’’;

11 (ii) by inserting ‘‘to’’ after ‘‘reserve

12 component, or’’; and

13 (iii) by inserting ‘‘than’’ after ‘‘in a

14 grade other’’.

15 (5) Effective October 1, 1995, section 528(a) is

16 amended by striking out ‘‘after September 30, 1995,’’

17 (6) Section 573(a)(2) is amended by striking out

18 ‘‘active duty list’’ and inserting in lieu thereof ‘‘ac19 tive-duty list’’.

20 (7) Section 661(d)(2) is amended—

21 (A) in subparagraph (B), by striking out

22 ‘‘Until January 1, 1994’’ and all that follows

23 through ‘‘each position so designated’’ and in24 serting in lieu thereof ‘‘Each position designated

25 by the Secretary under subparagraph (A)’’;
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1 (B) in subparagraph (C), by striking out

2 ‘‘the second sentence of’’; and

3 (C) by striking out subparagraph (D).

4 (8) Section 706(c)(1) is amended by striking out

5 ‘‘section 4301 of title 38’’ and inserting in lieu thereof

6 ‘‘chapter 43 of title 38’’.

7 (9) Section 1059 is amended by striking out

8 ‘‘subsection (j)’’ in subsections (c)(2) and (g)(3) and

9 inserting in lieu thereof ‘‘subsection (k)’’.

10 (10) Section 1060a(f)(2)(B) is amended by strik11 ing out ‘‘(as defined in section 101(a)(22) of the Im12 migration and Nationality Act (8 U.S.C.

13 1101(a)(22)))’’ and inserting in lieu thereof ‘‘, as de14 termined in accordance with the Immigration and

15 Nationality Act (8 U.S.C. 1101 et seq.)’’.

16 (11) Section 1151 is amended—

17 (A) in subsection (b), by striking out ‘‘(20

18 U.S.C. 2701 et seq.)’’ in paragraphs (2)(A) and

19 (3)(A) and inserting in lieu thereof ‘‘(20 U.S.C.

20 6301 et seq.)’’; and

21 (B) in subsection (e)(1)(B), by striking out

22 ‘‘not later than one year after the date of the en23 actment of the National Defense Authorization

24 Act for Fiscal Year 1995’’ and inserting in lieu

25 thereof ‘‘not later than October 5, 1995’’.
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1 (12) Section 1152(g)(2) is amended by striking

2 out ‘‘not later than 180 days after the date of the en3 actment of the National Defense Authorization Act for

4 Fiscal Year 1995’’ and inserting in lieu thereof ‘‘not

5 later than April 3, 1994,’’.

6 (13) Section 1177(b)(2) is amended by striking

7 out ‘‘provison of law’’ and inserting in lieu thereof

8 ‘‘provision of law’’.

9 (14) The heading for chapter 67 is amended by

10 striking out ‘‘NONREGULAR’’ and inserting in

11 lieu thereof ‘‘NON-REGULAR’’.

12 (15) Section 1598(a)(2)(A) is amended by strik13 ing out ‘‘2701’’ and inserting in lieu thereof ‘‘6301’’.

14 (16) Section 1745(a) is amended by striking out

15 ‘‘section 4107(d)’’ both places it appears and insert16 ing in lieu thereof ‘‘section 4107(b)’’.

17 (17) Section 1746(a) is amended—

18 (A) by striking out ‘‘(1)’’ before ‘‘The Sec19 retary of Defense’’; and

20 (B) by redesignating subparagraphs (A)

21 and (B) as paragraphs (1) and (2), respectively.

22 (18) Section 2006(b)(2)(B)(ii) is amended by

23 striking out ‘‘section 1412 of such title’’ and inserting

24 in lieu thereof ‘‘section 3012 of such title’’.
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1 (19) Section 2011(a) is amended by striking out

2 ‘‘TO’’ and inserting in lieu thereof ‘‘TO’’.

3 (20) Section 2194(e) is amended by striking out

4 ‘‘(20 U.S.C. 2891(12))’’ and inserting in lieu thereof

5 ‘‘(20 U.S.C. 8801)’’.

6 (21) Sections 2217(b) and 2220(a)(2) are

7 amended by striking out ‘‘Comptroller of the Depart8 ment of Defense’’ and inserting in lieu thereof ‘‘Under

9 Secretary of Defense (Comptroller)’’.

10 (22) Section 2401(c)(2) is amended by striking

11 out ‘‘pursuant to’’ and all that follows through ‘‘Sep12 tember 24, 1983,’’.

13 (23) Section 2410f(b) is amended by striking out

14 ‘‘For purposes of’’ and inserting in lieu thereof ‘‘In’’.

15 (24) Section 2410j(a)(2)(A) is amended by strik16 ing out ‘‘2701’’ and inserting in lieu thereof ‘‘6301’’.

17 (25) Section 2457(e) is amended by striking out

18 ‘‘title III of the Act of March 3, 1933 (41 U.S.C.

19 10a),’’ and inserting in lieu thereof ‘‘the Buy Amer20 ican Act (41 U.S.C. 10a)’’.

21 (26) Section 2465(b)(3) is amended by striking

22 out ‘‘under contract’’ and all that follows through the

23 period and inserting in lieu thereof ‘‘under contract

24 on September 24, 1983.’’.

25 (27) Section 2471(b) is amended—
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1 (A) in paragraph (2), by inserting ‘‘by’’

2 after ‘‘as determined’’; and

3 (B) in paragraph (3), by inserting ‘‘of’’

4 after ‘‘arising out’’.

5 (28) Section 2524(e)(4)(B) is amended by insert6 ing a comma before ‘‘with respect to’’.

7 (29) The heading of section 2525 is amended by

8 capitalizing the initial letter of the second, fourth,

9 and fifth words.

10 (30) Chapter 152 is amended by striking out the

11 table of subchapters at the beginning and the headings

12 for subchapters I and II.

13 (31) Section 2534(c) is amended by capitalizing

14 the initial letter of the third and fourth words of the

15 subsection heading.

16 (32) Section 2705(d)(2) is amended by striking

17 out ‘‘the date of the enactment of this section’’ and in18 serting in lieu thereof ‘‘October 5, 1994’’.

19 (33) The table of sections at the beginning of sub20 chapter I of chapter 169 is amended by adding a pe21 riod at the end of the item relating to section 2811.

22 (b) OTHER SUBTITLES.—Subtitles B, C, and D of title

23 10, United States Code, are amended as follows:

24 (1) Sections 3022(a)(1), 5025(a)(1), and

25 8022(a)(1) are amended by striking out ‘‘Comptroller
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1 of the Department of Defense’’ and inserting in lieu

2 thereof ‘‘Under Secretary of Defense (Comptroller)’’.

3 (2) Section 6241 is amended by inserting ‘‘or’’

4 at the end of paragraph (2).

5 (3) Section 6333(a) is amended by striking out

6 the first period after ‘‘section 1405’’ in formula C in

7 the table under the column designated ‘‘Column 2’’.

8 (4) The item relating to section 7428 in the table

9 of sections at the beginning of chapter 641 is amended

10 by striking out ‘‘Agreement’’ and inserting in lieu

11 thereof ‘‘Agreements’’.

12 (5) The item relating to section 7577 in the table

13 of sections at the beginning of chapter 649 is amended

14 by striking out ‘‘Officers’’ and inserting in lieu there15 of ‘‘officers’’.

16 (6) The center heading for part IV in the table

17 of chapters at the beginning of subtitle D is amended

18 by inserting a comma after ‘‘SUPPLY’’.

19 SEC. 1105. MISCELLANEOUS AMENDMENTS TO ANNUAL DE20 FENSE AUTHORIZATION ACTS.

21 (a) PUBLIC LAW 103–337.—Effective as of October 5,

22 1994, and as if included therein as enacted, the National

23 Defense Authorization Act for Fiscal Year 1995 (Public

24 Law 103–337) is amended as follows:
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1 (1) Section 322(1) (108 Stat. 2711) is amended

2 by striking out ‘‘SERVICE’’ in both sets of quoted mat3 ter and inserting in lieu thereof ‘‘SERVICES’’.

4 (2) Section 531(g)(2) (108 Stat. 2758) is amend5 ed by inserting ‘‘item relating to section 1034 in the’’

6 after ‘‘The’’.

7 (3) Section 541(c)(1) is amended—

8 (A) in subparagraph (B), by inserting a

9 comma after ‘‘chief warrant officer’’; and

10 (B) in the matter after subparagraph (C),

11 by striking out ‘‘this’’.

12 (4) Section 721(f)(2) (108 Stat. 2806) is amend13 ed by striking out ‘‘revaluated’’ and inserting in lieu

14 thereof ‘‘reevaluated’’.

15 (5) Section 722(d)(2) (108 Stat. 2808) is amend16 ed by striking out ‘‘National Academy of Science’’

17 and inserting in lieu thereof ‘‘National Academy of

18 Sciences’’.

19 (6) Section 904(d) (108 Stat. 2827) is amended

20 by striking out ‘‘subsection (c)’’ the first place it ap21 pears and inserting in lieu thereof ‘‘subsection (b)’’.

22 (7) Section 1202 (108 Stat. 2882) is amended—

23 (A) by striking out ‘‘(title XII of Public

24 Law 103–60’’ and inserting in lieu thereof

25 ‘‘(title XII of Public Law 103–160’’; and
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1 (B) in paragraph (2), by inserting ‘‘in the

2 first sentence’’ before ‘‘and inserting in lieu

3 thereof’’.

4 (8) Section 1312(a)(2) (108 Stat. 2894) is

5 amended by striking out ‘‘adding at the end’’ and in6 serting in lieu thereof ‘‘inserting after the item relat7 ing to section 123a’’.

8 (9) Section 2813(c) (108 Stat. 3055) is amended

9 by striking out ‘‘above paragraph (1)’’ both places it

10 appears and inserting in lieu thereof ‘‘preceding sub11 paragraph (A)’’.

12 (b) PUBLIC LAW 103–160.—The National Defense Au13 thorization Act for Fiscal Year 1994 (Public Law 103–160)

14 is amended in section 1603(d) (22 U.S.C. 2751 note)—

15 (1) in the matter preceding paragraph (1), by

16 striking out the second comma after ‘‘Not later than

17 April 30 of each year’’;

18 (2) in paragraph (4), by striking out ‘‘contrib19 utes’’ and inserting in lieu thereof ‘‘contribute’’; and

20 (3) in paragraph (5), by striking out ‘‘is’’ and

21 inserting in lieu thereof ‘‘are’’.

22 (c) PUBLIC LAW 102–484.—The National Defense Au23 thorization Act for Fiscal Year 1993 (Public Law 102–484)

24 is amended as follows:
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1 (1) Section 326(a)(5) (106 Stat. 2370; 10 U.S.C.

2 2301 note) is amended by inserting ‘‘report’’ after

3 ‘‘each’’.

4 (2) Section 4403(a) (10 U.S.C. 1293 note) is

5 amended by striking out ‘‘through 1995’’ and insert6 ing in lieu thereof ‘‘through fiscal year 1999’’.

7 (d) PUBLIC LAW 102–190.—Section 1097(d) of the Na8 tional Defense Authorization Act for Fiscal Years 1992 and

9 1993 (Public Law 102–190; 105 Stat. 1490) is amended

10 by striking out ‘‘the Federal Republic of Germany, France’’

11 and inserting in lieu thereof ‘‘France, Germany’’.

12 SEC. 1106. MISCELLANEOUS AMENDMENTS TO FEDERAL AC13 QUISITION LAWS.

14 (a) OFFICE OF FEDERAL PROCUREMENT POLICY

15 ACT.—The Office of Federal Procurement Policy Act (41

16 U.S.C. 401 et seq.) is amended as follows:

17 (1) Section 6(b) (41 U.S.C. 405(b)) is amended

18 by striking out the second comma after ‘‘under sub19 section (a)’’ in the first sentence.

20 (2) Section 18(a) (41 U.S.C. 416(a)) is amended

21 in paragraph (1)(B) by striking out ‘‘described in

22 subsection (f)’’ and inserting in lieu thereof ‘‘described

23 in subsection (b)’’.

24 (3) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is

25 amended by striking out ‘‘Under Secretary of Defense
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1 for Acquisition’’ and inserting in lieu thereof ‘‘Under

2 Secretary of Defense for Acquisition and Technology’’.

3 (b) OTHER LAWS.—

4 (1) Section 11(2) of the Inspector General Act of

5 1978 (5 U.S.C. App.) is amended by striking out the

6 second comma after ‘‘Community Service’’.

7 (2) Section 908(e) of the Defense Acquisition Im8 provement Act of 1986 (10 U.S.C. 2326 note) is

9 amended by striking out ‘‘section 2325(g)’’ and in10 serting in lieu thereof ‘‘section 2326(g)’’.

11 (3) Effective as of August 9, 1989, and as if in12 cluded therein as enacted, Public Law 101–73 is

13 amended in section 501(b)(1)(A) (103 Stat. 393) by

14 striking out ‘‘be,’’ and inserting in lieu thereof ‘‘be;’’

15 in the second quoted matter therein.

16 (4) Section 3732(a) of the Revised Statutes (41

17 U.S.C. 11(a)) is amended by striking out the second

18 comma after ‘‘quarters’’.

19 (5) Section 2 of the Contract Disputes Act of

20 1978 (41 U.S.C. 601) is amended in paragraphs (3),

21 (5), (6), and (7), by striking out ‘‘The’’ and inserting

22 in lieu thereof ‘‘the’’.

23 (6) Section 13 of the Contract Disputes Act of

24 1978 (41 U.S.C. 612) is amended—
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1 (A) in subsection (a), by striking out ‘‘sec2 tion 1302 of the Act of July 27, 1956, (70 Stat.

3 694, as amended; 31 U.S.C. 724a)’’ and insert4 ing in lieu thereof ‘‘section 1304 of title 31,

5 United States Code’’; and

6 (B) in subsection (c), by striking out ‘‘sec7 tion 1302 of the Act of July 27, 1956, (70 Stat.

8 694, as amended; 31 U.S.C. 724a)’’ and insert9 ing in lieu thereof ‘‘section 1304 of title 31,

10 United States Code,’’.

11 SEC. 1107. MISCELLANEOUS AMENDMENTS TO OTHER

12 LAWS.

13 (a) OFFICER PERSONNEL ACT OF 1947.—Section 437

14 of the Officer Personnel Act of 1947 is repealed.

15 (b) TITLE 5, UNITED STATES CODE.—Title 5, United

16 States Code, is amended—

17 (1) in section 8171—

18 (A) in subsection (a), by striking out

19 ‘‘903(3)’’ and inserting in lieu thereof ‘‘903(a)’’;

20 (B) in subsection (c)(1), by inserting ‘‘sec21 tion’’ before ‘‘39(b)’’; and

22 (C) in subsection (d), by striking out ‘‘(33

23 U.S.C. 18 and 21, respectively)’’ and inserting

24 in lieu thereof ‘‘(33 U.S.C. 918 and 921)’’;
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1 (2) in sections 8172 and 8173, by striking out

2 ‘‘(33 U.S.C. 2(2))’’ and inserting in lieu thereof ‘‘(33

3 U.S.C. 902(2))’’; and

4 (3) in section 8339(d)(7), by striking out ‘‘Court

5 of Military Appeals’’ and inserting in lieu thereof

6 ‘‘Court of Appeals for the Armed Forces’’.

7 (c) PUBLIC LAW 90–485.—Effective as of August 13,

8 1968, and as if included therein as originally enacted, sec9 tion 1(6) of Public Law 90–485 (82 Stat. 753) is amend10 ed—

11 (1) by striking out the close quotation marks

12 after the end of clause (4) of the matter inserted by

13 the amendment made by that section; and

14 (2) by adding close quotation marks at the end.

15 (d) TITLE 37, UNITED STATES CODE.—Section

16 406(b)(1)(E) of title 37, United States Code, is amended

17 by striking out ‘‘of this paragraph’’.

18 (e) BASE CLOSURE ACT.—Section 2910 of the Defense

19 Base Closure and Realignment Act of 1990 (part A of title

20 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

21 amended—

22 (1) by redesignating the second paragraph (10),

23 as added by section 2(b) of the Base Closure Commu24 nity Redevelopment and Homeless Assistance Act of
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1 1994 (Public Law 103–421; 108 Stat. 4352), as para2 graph (11); and

3 (2) in paragraph (11), as so redesignated, by

4 striking out ‘‘section 501(h)(4)’’ and ‘‘11411(h)(4)’’

5 and inserting in lieu thereof ‘‘501(i)(4)’’ and

6 ‘‘11411(i)(4)’’, respectively.

7 (f) PUBLIC LAW 103–421.—Section 2(e)(5) of Public

8 Law 103–421 (108 Stat. 4354) is amended—

9 (1) by striking out ‘‘(A)’’ after ‘‘(5)’’; and

10 (2) by striking out ‘‘clause’’ in subparagraph

11 (B)(iv) and inserting in lieu thereof ‘‘clauses’’.

12 SEC. 1108. COORDINATION WITH OTHER AMENDMENTS.

13 For purposes of applying amendments made by provi14 sions of this Act other than provisions of this title, this title

15 shall be treated as having been enacted immediately before

16 the other provisions of this Act.

17 DIVISION B—MILITARY CON18 STRUCTION AUTHORIZA19 TIONS

20 SEC. 2001. SHORT TITLE.

21 This division may be cited as the ‘‘Military Construc22 tion Authorization Act for Fiscal Year 1996’’.
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1 TITLE XXI—ARMY

2 SEC. 2101. AUTHORIZED ARMY 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 2104(a)(1), the Secretary of the Army 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:

Army: Inside the United States

State Installation or Location Amount

Arizona ..................................... Fort Huachuca ..................................... $16,000,000

California ................................. Fort Irwin ............................................. $15,500,000

Presidio of San Francisco ................... $3,000,000

Colorado .................................... Fort Carson ........................................... $10,850,000

District of Columbia ................ Fort McNair .......................................... $13,500,000

Walter Reed Army Medical Center ..... $4,300,000

Georgia ...................................... Fort Benning ........................................ $37,900,000

Fort Gordon .......................................... $5,750,000

Fort Stewart ......................................... $8,400,000

Hawaii ...................................... Schofield Barracks ............................... $35,000,000

Kansas ...................................... Fort Riley ............................................. $15,300,000

Kentucky ................................... Fort Campbell ....................................... $10,000,000

Fort Knox ............................................. $5,600,000

New York .................................. Watervliet Arsenal ................................ $680,000

North Carolina ......................... Fort Bragg ............................................ $29,700,000

Oklahoma .................................. Fort Sill ................................................ $6,300,000

South Carolina ......................... Naval Weapons Station, Charleston ... $25,700,000

Fort Jackson ......................................... $32,000,000

Texas ......................................... Fort Hood ............................................. $32,500,000

Fort Bliss .............................................. $48,000,000

Virginia .................................... Fort Eustis ............................................ $16,400,000

Washington ............................... Fort Lewis ............................................. $32,100,000

CONUS Classified .................... Classified Location ............................... $1,900,000

10 (b) OUTSIDE THE UNITED STATES.—Using amount

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(2), the Secretary of the Army may

13 acquire real property and carry out military construction

14 projects for the installations and locations outside of the
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1 United States, and in the amounts, set forth in the following

2 table:

Army: Outside the United States

Country Installation or Location Amount

Korea ......................................... Camp Casey .......................................... $4,150,000

Camp Hovey ......................................... $13,500,000

Camp Pelham ....................................... $5,600,000

Camp Stanley ....................................... $6,800,000

1 Yongsan ................................................. $4,500,000

Overseas Classified ................... Classified Location ............................... $48,000,000

Worldwide ................................. Host Nation Support ........................... $20,000,000

3 SEC. 2102. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2104(a)(5)(A), the Secretary of the

7 Army may construct or acquire family housing units (in8 cluding land acquisition) at the installations, for the pur9 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installations Purpose Amount

Alaska .............................. Fort Wainwright ............ Whole neighborhood revitalization.$7,300,000

New Mexico ..................... White Sands Missile

Range.

Whole neighborhood revitalization.$3,400,000

New York ......................... United States Military

Academy, West Point.

119 Units ......... $16,500,000

Washington ..................... Fort Lewis ...................... 84 Units ........... $10,800,000

10 (b) PLANNING AND DESIGN.—Using amounts appro11 priated pursuant to the authorization of appropriations in

12 section 2104(a)(5)(A), the Secretary of the Army may carry

13 out architectural and engineering services and construction

14 design activities with respect to the construction or im-
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1 provement of family housing units in an amount not to

2 exceed $2,340,000.

3 SEC. 2103. 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 sections 2104(a)(5)(A), the

8 Secretary of the Army may improve existing military fam9 ily housing units in an amount not to exceed $26,212,000.

10 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

11 (a) IN GENERAL.—Funds are hereby authorized to be

12 appropriated for fiscal years beginning after September 30,

13 1995, for military construction, land acquisition, and mili14 tary family housing functions of the Department of the

15 Army in the total amount of $2,033,858,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2101(a),

18 $406,380,000.

19 (2) For military construction projects outside the

20 United States authorized by section 2101(b),

21 $102,550,000.

22 (3) For unspecified minor construction projects

23 authorized by section 2805 of title 10, United States

24 Code, $9,000,000.
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1 (4) For architectural and engineering service

2 and construction design under section 2807 of title

3 10, United States Code, $36,194,000.

4 (5) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $66,552,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $1,337,596,000.

12 (6) For the Homeowners Assistance Program as

13 authorized by section 2832 of title 10, United States

14 Code, $75,586,000, to remain available until ex15 pended.

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and

19 any other cost variation authorized by law, the total cost

20 of all projects carried out under section 2101 of this Act

21 may not exceed the total amount authorized to be appro22 priated under paragraphs (1) and (2) of subsection (a).
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1 SEC. 2105. REDUCTION IN AMOUNTS AUTHORIZED TO BE

2 APPROPRIATED FOR FISCAL YEAR 1992 MILI3 TARY CONSTRUCTION PROJECTS.

4 Section 2105(a) of the Military Construction Author5 ization Act for Fiscal Year 1992 (division B of Public Law

6 102–190; 105 Stat. 1511), as amended by section

7 2105(b)(2)(A) of the Military Construction Authorization

8 Act for Fiscal Year 1994 (division B of Public Law 103–

9 160; 107 Stat. 1859), is further amended in the matter pre10 ceding paragraph (1) by striking out ‘‘$2,571,974,000’’ and

11 insert in lieu thereof ‘‘$2,565,729,000’’.

12 TITLE XXII—NAVY

13 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

14 ACQUISITION PROJECTS

15 (a) INSIDE THE UNITED STATES.—Using amounts ap16 propriated pursuant to the authorization of appropriations

17 in section 2204(a)(1), the Secretary of the Navy may ac18 quire real property and carry out military construction

19 projects for the installations and locations inside the United

20 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

California ................................. Camp Pendleton Marine Corps Base .. $27,584,000

China Lake Naval Air Warfare Center Weapons Division.$3,700,000

Lemoore Naval Air Station ................. $7,600,000

North Island Naval Air Station ......... $99,150,000

Point Mugu Naval Air Warfare Center Weapons Division.$1,300,000

San Diego Naval Command, Control,

and Ocean Surveillance Center.

$3,170,000

San Diego Naval Station .................... $19,960,000
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Navy: Inside the United States—Continued

State Installation or Location Amount

Twentynine Palms Marine Corps AirGround Combat Center.$2,490,000

Florida ...................................... Eglin Air Force Base, Naval School

Explosive Ordnance Disposal.

$16,150,000

Pensacola Naval Technical Training

Center, Corry Station.

$2,565,000

Georgia ...................................... Kings Bay Strategic Weapons Facility, Atlantic.$2,450,000

Hawaii ...................................... Honolulu Naval Computer and Telecommunications Area, Master Station Eastern Pacific.$1,980,000

Pearl Harbor Intelligence Center Pacific.$2,200,000

Pearl Harbor Naval Submarine Base $22,500,000

Illinois ....................................... Great Lakes Naval Training Center ... $12,440,000

Maryland .................................. United States Naval Academy ............ $3,600,000

New Jersey ................................ Lakehurst Naval Air Warfare Center

Aircraft Division.

$1,700,000

North Carolina ......................... Camp LeJeune Marine Corps Base .... $59,300,000

Cherry Point Marine Corps Air Station.$11,430,000

New River Marine Corps Air Station $14,650,000

South Carolina ......................... Beaufort Marine Corps Air Station ... $15,000,000

Virginia .................................... Henderson Hall, Arlington .................. $1,900,000

Norfolk Naval Station .......................... $10,580,000

Portsmouth Naval Hospital ................. $9,500,000

Quantico Marine Corps Combat Development Command.$3,500,000

Williamsburg Fleet and Industrial

Supply Center.

$8,390,000

Yorktown Naval Weapons Station ...... $1,300,000

Washington ............................... Bremerton Puget Sound Naval Shipyard.$19,870,000

Keyport Naval Undersea Warfare

Center Division.

$5,300,000

West Virginia ........................... Naval Security Group Detachment,

Sugar Grove.

$7,200,000

CONUS Classified .................... Classified location ................................ $1,200,000

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 Unit6 ed States, and in the amounts, set forth in the following

7 table:

Navy: Outside the United States

Country Installation or Location Amount

Guam ........................................ Guam Navy Public Works Center ....... $16,180,000
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Navy: Outside the United States—Continued

Country Installation or Location Amount

Naval Computer and Telecommunications Area, Master Station Western Pacific.$2,250,000

Italy .......................................... Naples Naval Support Activity ........... $24,950,000

Sigonella Naval Air Station ............... $12,170,000

Puerto Rico ............................... Roosevelt Roads Naval Station ........... $11,500,000

Sabana Seca Naval Security Group

Activity.

$2,200,000

1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(6)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State/Country Installation Purpose Amount

California ........................ Camp Pendleton Marine

Corps Base.

69 units ............ $10,000,000

Camp Pendleton Marine

Corps Base.

Community

Center.

$1,438,000

Camp Pendleton Marine

Corps Base.

Housing Office . $707,000

Lemoore Naval Air Station.240 units .......... $34,900,000

Point Mugu Pacific Missile Test Center.Housing Office . $1,020,000

San Diego Public Works

Center.

346 units .......... $49,310,000

Hawaii ............................ Oahu Naval Complex .... 252 units .......... $48,400,000

Maryland ........................ Patuxent River Naval

Air Test Center.

Warehouse ........ $890,000

United States Naval

Academy.

Housing Office . $800,000

North Carolina ............... Cherry Point Marine

Corps Air Station.

Community

Center.

$1,003,000

Pennsylvania .................. Mechanicsburg Navy

Ships Parts Control

Center.

Housing Office . $300,000

Puerto Rico ..................... Roosevelt Roads Naval

Station.

Housing Office . $710,000

Virginia ........................... Dahlgren Naval Surface

Warfare Center.

Housing Office . $520,000

Norfolk Public Works

Center.

320 units .......... $42,500,000

Norfolk Public Works

Center.

Housing Office . $1,390,000
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Navy: Family Housing—Continued

State/Country Installation Purpose Amount

Washington ..................... Bangor Naval Submarine Base.141 units .......... $4,890,000

West Virginia .................. Naval Security Group

Detachment, Sugar

Grove.

23 units ............ $3,590,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriation 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 im6 provement of military family housing units in an amount

7 not to exceed $24,390,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(6)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in an amount not to exceed $259,489,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (A) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1995, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Navy in the total amount of $2,077,459,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2201(a),

3 $399,659,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2201(b),

6 $69,250,000.

7 (3) For the military construction project at New8 port Naval War College, Rhode Island, authorized by

9 section 2201(a) of the Military Construction Author10 ization Act for Fiscal Year 1995 (division B of Public

11 Law 103–337; 108 Stat. 3031), $18,000,000.

12 (4) For unspecified minor construction projects

13 authorized by section 2805 of title 10, United States

14 Code, $7,200,000.

15 (5) For architectural and engineering services

16 and construction design under section 2807 of title

17 10, United States Code, $48,774,000.

18 (6) For military family housing functions:

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military

21 family housing and facilities, $486,247,000.

22 (B) For support of military housing (in23 cluding functions described in section 2833 of

24 title 10, United States Code), $1,048,329,000.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2201 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 SEC. 2205. REVISION OF FISCAL YEAR 1995 AUTHORIZATION

9 OF APPROPRIATIONS TO CLARIFY AVAILABIL10 ITY OF FUNDS FOR LARGE ANECHOIC CHAM11 BER, PATUXENT RIVER NAVAL WARFARE CEN12 TER, MARYLAND.

13 Section 2204(a) of the Military Construction Author14 ization Act for Fiscal Year 1995 (division B of Public Law

15 103–337; 108 Stat. 3033) is amended—

16 (1) in the matter preceding paragraph (1), by

17 striking out ‘‘$1,591,824,000’’ and inserting in lieu

18 thereof ‘‘$1,601,824,000’’ and

19 (2) in paragraph (1), by striking out

20 ‘‘$309,070,000’’ and inserting in lieu thereof

21 ‘‘$319,070,000’’.

22 SEC. 2206. AUTHORITY TO CARRY OUT LAND ACQUISITION

23 PROJECT, NORFOLK NAVAL BASE, VIRGINIA.

24 (a) AUTHORIZATION.—The table in section 2201(a) of

25 the Military Construction Authorization Act for Fiscal Year
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1 1993 (division B of Public Law 102–484; 106 Stat. 2589)

2 is amended—

3 (1) in the item relating to Damneck, Fleet Com4 bat Training Center, Virginia, by striking out

5 ‘‘$19,427,000’’ in the amount column and inserting

6 in lieu thereof ‘‘$14,927,000’’; and

7 (2) by inserting after the item relating to Nor8 folk, Naval Air Station, Virginia, the following new

9 item:

Norfolk, Naval Base ............................. $4,500,000

10 (b) EXTENSION OF PROJECT AUTHORIZATION.—Not11 withstanding section 2701(a) of the Military Construction

12 Authorization Act for Fiscal Year 1993 (106 Stat. 2602),

13 the authorization for the project for Norfolk Naval Base,

14 Virginia, as provided in section 2201(a) of that Act, as

15 amended by subsection (a), shall remain in effect until Oc16 tober 1, 1996, or the date of the enactment of an Act author17 izing funds for military construction for fiscal year 1997,

18 whichever is later.

19 SEC. 2207. ACQUISITION OF LAND, HENDERSON HALL, AR20 LINGTON, VIRGINIA.

21 (a) AUTHORITY TO ACQUIRE.—Using funds available

22 under section 2201(a), the Secretary of the Navy may ac23 quire all right, title, and interest of any party in and to

24 a parcel of real property, including an abandoned mau-
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1 soleum, consisting of approximately 0.75 acres and located

2 in Arlington, Virginia, the site of Henderson Hall.

3 (b) DEMOLITION OF MAUSOLEUM.—Using funds avail4 able under section 2201(a), the Secretary may—

5 (1) demolish the mausoleum located on the parcel

6 acquired under subsection (a); and

7 (2) provide for the removal and disposition in

8 an appropriate manner of the remains contained in

9 the mausoleum.

10 (c) AUTHORITY TO DESIGN PUBLIC WORKS FACIL11 ITY.—Using funds available under section 2201(a), the Sec12 retary may obtain architectural and engineering services

13 and construction design for a warehouse and office facility

14 for the Marine Corps to be constructed on the property ac15 quired under subsection (a).

16 (d) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property authorized to be

18 acquired under subsection (a) shall be determined by a sur19 vey that is satisfactory to the Secretary. The cost of the sur20 vey shall be borne by the Secretary.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the acquisition under subsection (a) as

24 the Secretary considers appropriate to protect the interests

25 of the United States.
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1 TITLE XXIII—AIR FORCE

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

3 LAND ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2304(a)(1), the Secretary of the Air Force may

7 acquire 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:

Air Force: Inside the United States

State Installation or Location Amount

Alabama .................................... Maxwell Air Force Base ...................... $5,200,000

Alaska ....................................... Eielson Air Force Base ........................ $7,850,000

Elmendorf Air Force Base ................... $9,100,000

Tin City Long Range Radar Site ...... $2,500,000

Arizona ..................................... Davis Monthan Air Force Base .......... $4,800,000

Luke Air Force Base ............................ $5,200,000

Arkansas ................................... Little Rock Air Force Base .................. $2,500,000

California ................................. Beale Air Force Base ........................... $7,500,000

Edwards Air Force Base ..................... $33,800,000

Travis Air Force Base ......................... $26,700,000

Vandenberg Air Force Base ................. $6,000,000

Colorado .................................... Buckley Air National Guard Base ..... $5,500,000

Peterson Air Force Base ...................... $4,390,000

United States Air Force Academy ...... $9,150,000

Delaware ................................... Dover Air Force Base ........................... $5,500,000

District of Columbia ................ Bolling Air Force Base ........................ $12,100,000

Florida ...................................... Cape Canaveral Air Force Station ..... $1,600,000

Eglin Air Force Base ........................... $14,500,000

Tyndall Air Force Base ....................... $1,200,000

Georgia ...................................... Moody Air Force Base ......................... $25,190,000

Robins Air Force Base ......................... $17,900,000

Hawaii ...................................... Hickam Air Force Base ....................... $10,700,000

Idaho ......................................... Mountain Home Air Force Base ......... $25,350,000

Illinois ....................................... Scott Air Force Base ............................ $12,700,000

Kansas ...................................... McConnell Air Force Base ................... $9,450,000

Louisiana .................................. Barksdale Air Force Base .................... $2,500,000

Maryland .................................. Andrews Air Force Base ...................... $12,886,000

Mississippi ................................ Columbus Air Force Base .................... $1,150,000

Keesler Air Force Base ......................... $6,500,000

Missouri .................................... Whiteman Air Force Base ................... $24,600,000

Nevada ...................................... Nellis Air Force Base ........................... $20,050,000

New Jersey ................................ McGuire Air Force Base ...................... $16,500,000

New Mexico ............................... Cannon Air Force Base ....................... $10,420,000

Holloman Air Force Base .................... $6,000,000

Kirtland Air Force Base ...................... $9,156,000

North Carolina ......................... Pope Air Force Base ............................ $8,250,000

Seymour Johnson Air Force Base ...... $830,000

North Dakota ............................ Grand Forks Air Force Base ............... $14,800,000

Minot Air Force Base .......................... $1,550,000
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Air Force: Inside the United States—Continued

State Installation or Location Amount

Ohio ........................................... Wright-Patterson Air Force Base ....... $4,100,000

Oklahoma .................................. Altus Air Force Base ............................ $4,800,000

Tinker Air Force Base ......................... $16,500,000

South Carolina ......................... Charleston Air Force Base ................... $12,500,000

Shaw Air Force Base ........................... $1,300,000

South Dakota ........................... Ellsworth Air Force Base .................... $7,800,000

Tennessee ................................... Arnold Air Force Base ......................... $5,000,000

Texas ......................................... Dyess Air Force Base ........................... $5,400,000

Kelly Air Force Base ........................... $3,244,000

Laughlin Air Force Base ..................... $1,400,000

Randolph Air Force Base .................... $3,100,000

Reese Air Force Base ........................... $1,200,000

Sheppard Air Force Base .................... $1,500,000

Utah .......................................... Hill Air Force Base ............................. $12,600,000

Virginia .................................... Langley Air Force Base ....................... $1,000,000

Washington ............................... Fairchild Air Force Base ..................... $7,500,000

McChord Air Force Base ..................... $9,900,000

Wyoming ................................... F.E. Warren Air Force Base ............... $9,000,000

CONUS Classified .................... Classified Location ............................... $700,000

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 ................................... Spangdahlem Air Base ........................ $8,380,000

Vogelweh Annex .................................... $2,600,000

Greece ........................................ Araxos Radio Relay Site ..................... $1,950,000

Italy .......................................... Aviano Air Base ................................... $2,350,000

Ghedi Radio Relay Site ....................... $1,450,000

Turkey ....................................... Ankara Air Station .............................. $7,000,000

Incirlik Air Base .................................. $4,500,000

United Kingdom ...................... Royal Air Force Lakenheath ............... $1,820,000

Royal Air Force Mildenhall ................ $2,250,000

Outside the United States ....... Classified Location—Outside the

United States.

$17,100,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2304(a)(5)(A), the Secretary of the

2 Air Force may construct or acquire family housing units

3 (including land acquisition) at the installations, for the

4 purposes, and in the amounts set forth in the following

5 table:

Air Force: Family Housing

State/Country Installation Purpose Amount

Alaska .............................. Elmendorf Air Force

Base.

Housing Office/

Maintenance

Facility.

$3,000,000

Arizona ............................ Davis Monthan Air

Force Base.

80 units ............ $9,498,000

Arkansas .......................... Little Rock Air Force

Base.

Replace 1 General Officer

Quarters.

$210,000

California ........................ Beale Air Force Base ..... Family Housing

Office.

$842,000

Edwards Air Force Base 67 units ............ $11,350,000

Vandenberg Air Force

Base.

Family Housing

Office.

$900,000

Vandenberg Air Force

Base.

143 units .......... $20,200,000

Colorado .......................... Peterson Air Force Base Family Housing

Office.

$570,000

District of Columbia ...... Bolling Air Force Base . 32 units ............ $4,100,000

Florida ............................ Eglin Air Force Base .... Family Housing

Office.

$500,000

Eglin Auxiliary Field 9 Family Housing

Office/Maintenance Facility.

$880,000

MacDill Air Force Base Family Housing

Office.

$646,000

Patrick Air Force Base . 70 units ............ $7,947,000

Tyndall Air Force Base 52 units ............ $5,500,000

Georgia ............................ Moody Air Force Base ... 2 Officer and 1

General Officer Quarters.

$513,000

Robins Air Force Base .. 83 units ............ $9,800,000

Idaho ............................... Mountain Home Air

Force Base.

Housing Management Facility.$844,000

Kansas ............................. McConnell Air Force

Base.

39 units ............ $5,193,000

Louisiana ........................ Barksdale Air Force

Base.

62 units ............ $10,299,000

Massachusetts .................. Hanscom Air Force Base 32 units ............ $5,200,000

Mississippi ...................... Keesler Air Force Base .. 98 units ............ $9,300,000

Missouri .......................... Whiteman Air Force

Base.

72 units ............ $9,948,000

Nevada ............................. Nellis Air Force Base .... 6 units .............. $1,357,000

Nellis Air Force Base .... 57 units ............ $6,000,000

New Mexico ..................... Holloman Air Force

Base.

1 General Officer Quarters.$225,000

Kirtland Air Force Base 105 units .......... $11,000,000

North Carolina ............... Pope Air Force Base ...... 104 units .......... $9,984,000
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Air Force: Family Housing—Continued

State/Country Installation Purpose Amount

Seymour Johnson Air

Force Base.

1 General Officer Quarters.$204,000

Ohio ................................. Wright-Patterson Air

Force Base.

66 units ............ $5,900,000

South Carolina ............... Shaw Air Force Base .... Housing Maintenance Facility.$715,000

Texas ............................... Dyess Air Force Base .... Housing Maintenance Facility.$580,000

Lackland Air Force Base 67 units ............ $6,200,000

Sheppard Air Force

Base.

Family Housing

Office.

$500,000

Sheppard Air Force

Base.

Housing Maintenance Facility.$600,000

Washington ..................... McChord Air Force Base 50 units ............ $9,504,000

Guam ............................... Andersen Air Force Base Family Housing

Office.

$1,700,000

Turkey ............................. Incirlik Air Base ........... 150 units .......... $10,146,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,039,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(5)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $97,071,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 1995, for military construction, land acquisition, and mili6 tary family housing functions of the Department of the Air

7 Force in the total amount of $1,740,704,000 as follows:

8 (1) For military construction projects inside the

9 United States authorized by section 2301(a),

10 $510,116,000.

11 (2) For military construction projects outside the

12 United States authorized by section 2301(b),

13 $49,400,000.

14 (3) For unspecified minor construction projects

15 authorized by section 2805 of title 10, United States

16 Code, $9,030,000.

17 (4) For architectural and engineering services

18 and construction design under section 2807 of title

19 10, United States Code, $34,980,000.

20 (5) For military housing functions:

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military

23 family housing and facilities, $287,965,000.

24 (B) For support of military family housing

25 (including the functions described in section
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1 2833 of title 10, United States Code),

2 $849,213,000.

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 2301 of this Act

8 may not exceed the total amount authorized to be appro9 priated under paragraphs (1) and (2) of subsection (a).

10 SEC. 2305. REDUCTION IN AMOUNTS AUTHORIZED TO BE

11 APPROPRIATED FOR FISCAL YEAR 1992 MILI12 TARY CONSTRUCTION PROJECTS.

13 Section 2305(a) of the Military Construction Author14 ization Act for Fiscal Year 1992 (division B of Public Law

15 102–190; 105 Stat. 1525), as amended by section

16 2308(a)(2)(A) of the Military Construction Authorization

17 Act for Fiscal Year 1993 (division B of Public Law 102–

18 484; 106 Stat. 2598) and by section 2305(a)(3)(A) of the

19 Military Construction Authorization Act for Fiscal Year

20 1994 (division B of Public Law 103–160; 107 Stat. 1871),

21 is further amended in the matter preceding paragraph (1)

22 by striking out ‘‘$2,033,833,000’’ and inserting in lieu

23 thereof ‘‘$2,017,828,000’’.
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to section 2405(a)(1), the Secretary of

7 Defense may acquire real property and carry out military

8 construction projects for the installations and locations in9 side the United States, and in the amounts, set forth in

10 the following table:

Defense Agencies: Inside the United States

Agency Installation Or Location Amount

Ballistic Missile Defense Organization:

Fort Bliss, Texas .................................. $13,600,000

Defense Finance & Accounting

Service:

Columbus Center, Ohio ........................ $72,403,000

Defense Intelligence Agency:

Bolling Air Force Base, District of

Columbia ........................................... $1,743,000

Defense Logistics Agency:

Defense Distribution Anniston, Alabama .................................................. $3,550,000

Defense Distribution Stockton, California ................................................. $15,000,000

Defense Fuel Supply Center, Point

Mugu, California .............................. $750,000

Defense Fuel Supply Center, Dover

Air Force Base, Delaware ............... $15,554,000

Defense Fuel Supply Center, Eglin

Air Force Base, Florida ................... $2,400,000

Defense Fuel Supply Center,

Barksdale Air Force Base, Louisiana .................................................... $13,100,000

Defense Fuel Supply Center, McGuire

Air Force Base, New Jersey ............ $12,000,000

Defense Distribution Depot, New

Cumberland, Pennsylvania ............. $4,600,000

Defense Distribution Depot, Norfolk,

Virginia ............................................. $10,400,000

Defense Mapping Agency:

Defense Mapping Agency Aerospace

Center, Missouri ............................... $40,300,000

Defense Medical Facility Office:

Maxwell Air Force Base, Alabama ..... $10,000,000

Luke Air Force Base, Arizona ............. $8,100,000
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Defense Agencies: Inside the United States—Continued

Agency Installation Or Location Amount

Fort Irwin, California ......................... $6,900,000

Marine Corps Base, Camp Pendleton,

California ......................................... $1,700,000

Vandenberg Air Force Base, California ..................................................... $5,700,000

Dover Air Force Base, Delaware ........ $4,400,000

Fort Benning, Georgia ......................... $5,600,000

Barksdale Air Force Base, Louisiana $4,100,000

Bethesda Naval Hospital, Maryland .. $1,300,000

Walter Reed Army Institute of Research, Maryland .............................. $1,550,000

Fort Hood, Texas ................................. $5,500,000

Lackland Air Force Base, Texas ......... $6,100,000

Reese Air Force Base, Texas ............... $1,000,000

Northwest Naval Security Group Activity, Virginia ................................. $4,300,000

National Security Agency:

Fort Meade, Maryland ......................... $18,733,000

Office of the Secretary of Defense:

Classified Location Inside the United

States ................................................. $11,500,000

Department of Defense Dependents Schools:

Maxwell Air Force Base, Alabama ..... $5,479,000

Fort Benning, Georgia ......................... $1,116,000

Fort Jackson, South Carolina ............. $576,000

Special Operations Command:

Marine Corps Air Station, Camp

Pendleton, California ....................... $5,200,000

Eglin Air Force Base, Florida ............ $2,400,000

Eglin Auxiliary Field 9, Florida ........ $14,150,000

Fort Bragg, North Carolina ................ $9,400,000

Olmstead Field, Harrisburg International Airport, Pennsylvania ...... $1,643,000

Damneck, Virginia ............................... $4,500,000

Naval Amphibious Base, Little Creek,

Virginia ............................................. $6,100,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to section 2405(a)(2), the Secretary

3 of Defense may acquire real property and carry out mili4 tary construction projects for the installations and locations

5 outside the United States, and in the amounts, set forth

6 in the following table:

Defense Agencies: Outside the United States

Agency Installation or Location Amount

Defense Logistics Agency:

Defense Fuel Support Point, Roosevelt

Roads, Puerto Rico .......................... $6,200,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or Location Amount

Defense Fuel Supply Center, Rota,

Spain ................................................ $7,400,000

Defense Medical Facility Office:

Naval Support Activity, Naples, Italy $5,000,000

Department of Defense Dependents Schools:

Ramstein Air Force Base, Germany .. $19,205,000

Naval Air Station, Sigonella, Italy .... $7,595,000

National Security Agency:

Menwith Hill Station, United Kingdom .................................................... $677,000

Special Operations Command:

Naval Station, Guam ........................... $8,800,000

1 SEC. 2402. MILITARY HOUSING PRIVATE INVESTMENT.

2 (a) AVAILABILITY OF FUNDS FOR INVESTMENT.—Of

3 the amount authorized to be appropriated pursuant to sec4 tion 2405(a)(11)(A) of this Act, $22,000,000 shall be avail5 able for crediting to the Department of Defense Housing Im6 provement Fund established by section 2883 of title 10,

7 United States Code (as added by section 2811 of this Act).

8 (b) USE OF FUNDS.—Notwithstanding section

9 2883(c)(2) of title 10, United States Code (as so added),

10 the Secretary of Defense may use funds credited to the De11 partment of Defense Housing Improvement Fund under

12 subsection (a) to carry out any activities authorized by sub13 chapter IV of chapter 169 of such title (as so added).

14 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

15 UNITS.

16 Subject to section 2825 of title 10, United States Code,

17 and using amounts appropriated pursuant to the author18 ization of appropriation in section 2405(a)(11)(A), the Sec-
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1 retary of Defense may improve existing military family

2 housing units in an amount not to exceed $3,772,000.

3 SEC. 2404. ENERGY CONSERVATION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(9), the Sec6 retary of Defense may carry out energy conservation

7 projects under section 2865 of title 10, United States Code.

8 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

9 AGENCIES.

10 (a) IN GENERAL.—Funds are hereby authorized to be

11 appropriated for fiscal years beginning after September 30,

12 1995, for military construction, land acquisition, and mili13 tary family housing functions of the Department of Defense

14 (other than the military departments), in the total amount

15 of $4,493,583,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2401(a),

18 $317,444,000.

19 (2) For military construction projects outside the

20 United States authorized by section 2401(b),

21 $54,877,000.

22 (3) For military construction projects at Ports23 mouth Naval Hospital, Virginia, authorized by sec24 tion 2401(a) of the Military Construction Authoriza-
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1 tion Act for Fiscal Years 1990 and 1991 (division B

2 of Public Law 101–189; 103 Stat. 1640), $47,900,000.

3 (4) For military construction projects at

4 Elmendorf Air Force Base, Alaska, hospital replace5 ment, authorized by section 2401(a) of the Military

6 Construction Authorization Act for Fiscal Year 1993

7 (division B of Public Law 102–484; 106 Stat. 2599),

8 $28,100,000.

9 (5) For military construction projects at Walter

10 Reed Army Institute of Research, Maryland, author11 ized by section 2401(a) of the Military Construction

12 Authorization Act for Fiscal Year 1993 (division B of

13 Public Law 102–484; 106 Stat. 2599), $27,000,000.

14 (6) For unspecified minor construction projects

15 under section 2805 of title 10, United States Code,

16 $23,007,000.

17 (7) For contingency construction projects of the

18 Secretary of Defense under section 2804 of title 10,

19 United States Code, $11,037,000.

20 (8) For architectural and engineering services

21 and construction design under section 2807 of title

22 10, United States Code, $68,837,000.

23 (9) For energy conservation projects authorized

24 by section 2404, $50,000,000.
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1 (10) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public

4 Law 101–510; 10 U.S.C. 2687 note), $3,799,192,000.

5 (11) For military family housing functions:

6 (A) For construction and acquisition and

7 improvement of military family housing and fa8 cilities, $25,772,000.

9 (B) For support of military housing (in10 cluding functions described in section 2833 of

11 title 10, United States Code), $30,467,000, of

12 which not more than $24,874,000 may be obli13 gated or expended for the leasing of military

14 family housing units worldwide.

15 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variation authorized

17 by section 2853 of title 10, United States Code, and any

18 other cost variations authorized by law, the total cost of

19 all projects carried out under section 2401 of this Act may

20 not exceed—

21 (1) the total amount authorized to be appro22 priated under paragraphs (1) and (2) of subsection

23 (a); and

24 (2) $35,003,000 (the balance of the amount au25 thorized under section 2401(a) for the construction of
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1 the Defense Finance and Accounting Service, Colum2 bus Center, Ohio).

3 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

4 FISCAL YEAR 1995 PROJECTS.

5 The table in section 2401 of the Military Construction

6 Authorization Act for Fiscal Year 1995 (division B of the

7 Public Law 103–337; 108 Stat. 3040) is amended—

8 (1) in the item relating to Pine Bluff Arsenal,

9 Arkansas, by striking out ‘‘$3,000,000’’ in the amount

10 column and inserting in lieu thereof ‘‘$97,000,000’’;

11 and

12 (2) in the item relating to Umatilla Army

13 Depot, Oregon, by striking out ‘‘$12,000,000’’ in the

14 amount column and inserting in lieu thereof

15 ‘‘$179,000,000’’.

16 SEC. 2407. REDUCTION IN AMOUNTS AUTHORIZED TO BE

17 APPROPRIATED FOR PRIOR YEAR MILITARY

18 CONSTRUCTION PROJECTS.

19 (a) FISCAL YEAR 1991 AUTHORIZATIONS.—Section

20 2405(a) of the Military Construction Authorization Act for

21 Fiscal Year 1991 (division B of Public Law 101–510; 104

22 Stat. 1779), as amended by section 2409(b)(1) of the Mili23 tary Construction Authorization Act for Fiscal Year 1992

24 (division B of Public Law 102–190; 105 Stat. 1991), is fur25 ther amended in the matter preceding paragraph (1) by
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1 striking out ‘‘$1,644,478,000’’ and inserting in lieu thereof

2 ‘‘$1,641,244,000’’.

3 (b) FISCAL YEAR 1992 AUTHORIZATIONS.—Section

4 2404(a) of the Military Construction Authorization Act for

5 Fiscal Year 1992 (105 Stat. 1531), as amended by section

6 2404(b)(1)(A) of the Military Construction Authorization

7 Act for Fiscal Year 1994 (division B of Public Law 103–

8 160; 107 Stat. 1877), is further amended in the matter pre9 ceding paragraph (1) by striking out ‘‘$1,665,440,000’’ and

10 inserting in lieu thereof ‘‘$1,658,640,000’’.

11 (c) FISCAL YEAR 1993 AUTHORIZATIONS.—Section

12 2403(a) of the Military Construction Authorization Act for

13 Fiscal Year 1993 (division B of Public Law 102–484; 106

14 Stat. 2600) is amended in the matter preceding paragraph

15 (1) by striking out ‘‘$2,567,146,000’’ and inserting in lieu

16 thereof ‘‘$2,558,556,000’’.

17 TITLE XXV—NORTH ATLANTIC

18 TREATY ORGANIZATION IN19 FRASTRUCTURE

20 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

21 ACQUISITION PROJECTS.

22 The Secretary of Defense may make contributions for

23 the North Atlantic Treaty Organization Infrastructure Pro24 gram as provided in section 2806 of title 10, United States

25 Code, in an amount not to exceed the sum of the amount
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1 authorized to be appropriated for this purpose in section

2 2502 and the amount collected from the North Atlantic

3 Treaty Organization as a result of construction previously

4 financed by the United States.

5 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 1995, for contribu8 tions by the Secretary of Defense under section 2806 of title

9 10, United States Code, for the share of the United States

10 of the cost of projects for the North Atlantic Treaty Organi11 zation Infrastructure Program, as authorized by section

12 2501, in the amount of $179,000,000.

13 TITLE XXVI—GUARD AND

14 RESERVE FORCES FACILITIES

15 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC16 TION AND LAND ACQUISITION PROJECTS.

17 There are authorized to be appropriated for fiscal

18 years beginning after September 30, 1995, for the costs of

19 acquisition, architectural and engineering services, and

20 construction of facilities for the Guard and Reserve Forces,

21 and for contributions therefore, under chapter 133 of title

22 10, United State Code (including the cost of acquisition of

23 land for those facilities), the following amounts:

24 (1) For the Department of the Army—
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1 (A) for the Army National Guard of the

2 United States, $148,589,000; and

3 (B) for the Army Reserve, $79,895,000.

4 (2) For the Department of the Navy, for the

5 Naval and Marine Corps Reserve, $7,920,000.

6 (3) For the Department of the Air Force—

7 (A) for the Air National Guard of the Unit8 ed States, $167,503,000; and

9 (B) for the Air Force Reserve, $35,132,000.

10 SEC. 2602. REDUCTION IN AMOUNT AUTHORIZED TO BE AP11 PROPRIATED FOR FISCAL YEAR 1994 AIR NA12 TIONAL GUARD PROJECTS.

13 Section 2601(3)(A) of the Military Construction Au14 thorization Act for Fiscal Year 1994 (division B of Public

15 Law 103–160; 107 Stat. 1878) is amended by striking out

16 ‘‘$236,341,000’’ and inserting in lieu thereof

17 ‘‘$229,641,000’’.

18 TITLE XXVII—EXPIRATION AND

19 EXTENSION OF AUTHORIZA20 TIONS

21 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

22 AMOUNTS REQUIRED TO BE SPECIFIED BY

23 LAW.

24 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

25 YEARS.—Except as provided in subsection (b), all author-
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1 izations contained in titles XXI through XXVI for military

2 construction projects, land acquisition, family housing

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Infrastructure program (and

5 authorizations of appropriations therefore) shall expire on

6 the later of—

7 (1) October 1, 1998; or

8 (2) the date of the enactment of an Act authoriz9 ing funds for military construction for fiscal year

10 1999.

11 (b) EXCEPTION.—Subsection (a) shall not apply to au12 thorizations for military construction projects, land acqui13 sition, family housing projects and facilities, and contribu14 tions to the North Atlantic Treaty Organization Infrastruc15 ture program (and authorizations of appropriations there16 for), for which appropriated funds have been obligated be17 fore the later of—

18 (1) October 1, 1998; or

19 (2) the date of the enactment of an Act authoriz20 ing funds for fiscal year 1999 for military construc21 tion projects, land acquisition, family housing

22 projects and facilities, or contributions to the North

23 Atlantic Treaty Organization Infrastructure program.
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1 SEC. 2702. 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, 2102, 2103, or 2106

8 of that Act, shall remain in effect until October 1, 1996,

9 or the date of the enactment of an Act authorizing funds

10 for military construction for fiscal year 1997, whichever is

11 later.

12 (b) TABLES.—The tables referred to in subsection (a)

13 are as follows:

Army: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

Arkansas .......................... Pine Bluff Arsenal ......... Ammunition

Demilitarization Support

Facility.

$15,000,000

Hawaii ............................ Schofield Barracks ......... Add/Alter Sewage Treatment Plant.$17,500,000

Virginia ........................... Fort Picket ..................... Family Housing

(26 units).

$2,300,000

Navy: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

California ........................ Camp Pendleton Marine

Corps Base.

Sewage Treatment Plant

Modifications.

$19,740,000

Maryland ........................ Patuxent River Naval

Warfare Center.

Large Anechoic

Chamber,

Phase I.

$60,990,000

Mississippi ...................... Meridian Naval Air Station.Child Development Center.$1,100,000
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Air Force: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

Arkansas .......................... Little Rock Air Force

Base.

Fire Training

Facility.

$710,000

District of Columbia ...... Bolling Air Force Base . Civil Engineer

Complex.

$9,400,000

Mississippi ...................... Keesler Air Force Base .. Alter Student

Dormitory.

$3,100,000

Nebraska .......................... Offut Air Force Base ..... Fire Training

Facility.

$840,000

North Carolina ............... Pope Air Force Base ...... Construct

Bridge Road

and Utilities.

$4,000,000

Pope Air Force Base ...... Munitions Storage Complex.$4,300,000

South Carolina ............... Shaw Air Force Base .... Fire Training

Facility.

$680,000

Virginia ........................... Langley Air Force Base Base Engineer

Complex.

$5,300,000

Guam ............................... Andersen Air Base ......... Landfill ............ $10,000,000

Portugal .......................... Lajes Field ...................... Water Wells ...... $865,000

Lajes Field ...................... Fire Training

Facility.

$950,000

Army Reserve: Extension of 1993 Project Authorizations

State Installation or Location Project Amount

West Virginia .................. Bluefield .......................... United States

Army Reserve

Center.

$1,921,000

Clarksburg ...................... United States

Army Reserve

Center.

$5,358,000

Grantville ....................... United States

Army Reserve

Center.

$2,785,000

Jane Lew ........................ United States

Army Reserve

Center.

$1,566,000

Lewisburg ....................... United States

Army Reserve

Center.

$1,631,000

Weirton ........................... United States

Army Reserve

Center.

$3,481,000

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

California ........................ Los Alamitos Armed

Forces Reserve Center.

Fuel Facility .... $1,553,000

New Jersey ...................... Fort Dix ......................... State Headquarters.$4,750,000

Oregon ............................. La Grande ...................... Organizational

Maintenance

Shop.

$1,220,000
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Army National Guard: Extension of 1993 Project

Authorizations—Continued

State Installation or Location Project Amount

La Grande ...................... Armory Addition.$3,049,000

Rhode Island ................... North Kingston .............. Add/Alter Armory.$3,330,000

1 SEC. 2703. 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 tables in sub7 section (b), as provided in section 2101 or 2601 of that Act,

8 and extended by section 2702 of the Military Construction

9 Authorization Act for Fiscal Year 1995 (division B of Pub10 lic Law 103–337; 108 Stat. 3047), shall remain in effect

11 until October 1, 1996, or the date of the enactment of an

12 Act authorizing funds for military construction for fiscal

13 year 1997, whichever is later.

14 (b) TABLES.—The tables referred to in subsection (a)

15 are 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
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Army National Guard: Extension of 1992 Project Authorization

State Installation or Location Project Amount

Ohio ................................. Toledo ............................. Armory ............. $3,183,000

Army Reserve: Extension of 1992 Project Authorization

State Installation or Location Project Amount

Tennessee ......................... Jackson ........................... Joint Training

Facility.

$1,537,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

3 take effect on the later of—

4 (1) October 1, 1995; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. SPECIAL THRESHOLD FOR UNSPECIFIED MINOR

12 CONSTRUCTION PROJECTS TO CORRECT

13 LIFE, HEALTH, OR SAFETY DEFICIENCIES.

14 (a) SPECIAL THRESHOLD.—Section 2805 of title 10,

15 United States Code, is amended—

16 (1) in subsection (a)(1), by adding at the end the

17 following new sentence: ‘‘However, if the military con18 struction project is intended solely to correct a life-,

19 health-, or safety-threatening deficiency, a minor
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1 military construction project may have an approved

2 cost equal to or less than $3,000,000.’’; and

3 (2) in subsection (c)(1), by striking out ‘‘not

4 more than $300,000.’’ and inserting in lieu thereof

5 ‘‘not more than—

6 ‘‘(A) $1,000,000, in the case of an unspecified

7 military construction project intended solely to cor8 rect a life-, health-, or safety-threatening deficiency;

9 or

10 ‘‘(B) $300,000, in the case of other unspecified

11 military construction projects.’’.

12 (b) TECHNICAL AMENDMENT.—Section 2861(b)(6) of

13 such title is amended by striking out ‘‘section 2805(a)(2)’’

14 and inserting in lieu thereof ‘‘section 2805(a)(1)’’.

15 SEC. 2802. CLARIFICATION OF SCOPE OF UNSPECIFIED

16 MINOR CONSTRUCTION AUTHORITY.

17 Section 2805(a)(1) of title 10, United States Code, as

18 amended by section 2801 of this Act, is further amended

19 by striking out ‘‘(1) that is for a single undertaking at a

20 military installation, and (2)’’ in the second sentence.

21 SEC. 2803. TEMPORARY WAIVER OF NET FLOOR AREA LIMI22 TATION FOR FAMILY HOUSING ACQUIRED IN

23 LIEU OF CONSTRUCTION.

24 Section 2824(c) of title 10, United States Code, is

25 amended by adding at the end the following sentence: ‘‘The
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1 limitation set forth in the preceding sentence does not apply

2 to family housing units acquired under this section during

3 the 5-year period beginning on the date of the enactment

4 of the National Defense Authorization Act for Fiscal Year

5 1996.’’.

6 SEC. 2804. REESTABLISHMENT OF AUTHORITY TO WAIVE

7 NET FLOOR AREA LIMITATION ON ACQUISI8 TION BY PURCHASE OF CERTAIN MILITARY

9 FAMILY HOUSING.

10 (a) REESTABLISHMENT.—Section 2826(e) of title 10,

11 United States Code, is amended by striking out the second

12 sentence.

13 (b) APPLICABILITY.—The Secretary concerned may ex14 ercise the authority provided in section 2826(e) of title 10,

15 United States Code, as amended by subsection (a), on or

16 after the date of the enactment of this Act.

17 (c) DEFINITION.—In this section, the term ‘‘Secretary

18 concerned’’ has the meaning given such term in section

19 101(a)(9) of title 10, United States Code, and includes the

20 meaning given such term in section 2801(b)(3) of such title.
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1 SEC. 2805. TEMPORARY WAIVER OF LIMITATIONS ON SPACE

2 BY PAY GRADE FOR MILITARY FAMILY HOUS3 ING UNITS.

4 Section 2826 of title 10, United States Code, as amend5 ed by section 2804 of this Act, is further amended by adding

6 at the end the following:

7 ‘‘(i)(1) This section does not apply to the construction,

8 acquisition, or improvement of military family housing

9 units during the 5-year period beginning on October 1,

10 1995.

11 ‘‘(2) The total number of military family housing

12 units constructed, acquired, or improved during any fiscal

13 year in the period referred to in paragraph (1) shall be

14 the total number of such units authorized by law for that

15 fiscal year.’’.

16 SEC. 2806. INCREASE IN NUMBER OF FAMILY HOUSING

17 UNITS SUBJECT TO FOREIGN COUNTRY MAXI18 MUM LEASE AMOUNT.

19 (a) INCREASE IN NUMBER.—(1) Paragraph (1) of sec20 tion 2828(e) of title 10, United States Code, is amended

21 by striking out ‘‘300 units’’ in the first sentence and insert22 ing in lieu thereof ‘‘450 units’’.

23 (2) Paragraph (2) of such section is amended by strik24 ing out ‘‘300 units’’ and inserting in lieu thereof ‘‘450

25 units’’.
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1 (b) WAIVER FOR UNITS FOR INCUMBENTS OF SPECIAL

2 POSITIONS AND OTHER PERSONNEL.—Paragraph (1) of

3 such section is further amended by striking out ‘‘220 such

4 units’’ in the second sentence and inserting in lieu thereof

5 ‘‘350 such units’’.

6 SEC. 2807. EXPANSION OF AUTHORITY FOR LIMITED PART7 NERSHIPS FOR DEVELOPMENT OF MILITARY

8 FAMILY HOUSING.

9 (a) PARTICIPATION OF OTHER MILITARY DEPART10 MENTS.—(1) Subsection (a)(1) of section 2837 of title 10,

11 United States Code, is amended by striking out ‘‘of the

12 naval service’’ and inserting in lieu thereof ‘‘of the Army,

13 Navy, Air Force, and Marine Corps’’.

14 (2) Subsection (b)(1) of such section is amended by

15 striking out ‘‘of the naval service’’ and inserting in lieu

16 thereof ‘‘of the military department under the jurisdiction

17 of such Secretary’’.

18 (b) ADMINISTRATION.—(1) Such subsection (a)(1) is

19 further amended by striking out ‘‘the Secretary of the

20 Navy’’ in the first sentence and inserting in lieu thereof

21 ‘‘the Secretary of a military department’’.

22 (2) Subsection (c)(2) of such section is amended by

23 striking out ‘‘the Secretary shall’’ in the first sentence and

24 inserting in lieu thereof ‘‘the Secretary of the military de25 partment concerned shall’’.
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1 (3) Subsection (f) of such section is amended by strik2 ing out ‘‘the Secretary carries out’’ and inserting in lieu

3 thereof ‘‘the Secretary of a military department carries

4 out’’.

5 (4) Subsection (g) of such section is amended by strik6 ing out ‘‘Secretary,’’ and inserting in lieu thereof ‘‘Sec7 retary of a military department,’’.

8 (c) ACCOUNT.—Subsection (d) of such section is

9 amended to read as follows:

10 ‘‘(d) ACCOUNT.—(1) There is hereby established on the

11 books of the Treasury an account to be known as the ‘De12 fense Housing Investment Account’.

13 ‘‘(2) There shall be deposited into the account—

14 ‘‘(A) such funds as may be authorized for and

15 appropriated to the account;

16 ‘‘(B) any proceeds received by the Secretary of a

17 military department from the repayment of invest18 ments or profits on investments of the Secretary

19 under subsection (a); and

20 ‘‘(C) any unobligated balances which remain in

21 the Navy Housing Investment Account as of the date

22 of the enactment of the National Defense Authoriza23 tion Act for Fiscal Year 1996.

24 ‘‘(3) From such amounts as is provided in advance

25 in appropriation Acts, funds in the account shall be avail-
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1 able to the Secretaries of the military departments in

2 amounts determined by the Secretary of Defense for con3 tracts, investments, and expenses necessary for the imple4 mentation of this section.

5 ‘‘(4) The Secretary of a military department may not

6 enter into a contract in connection with a limited partner7 ship under subsection (a) or a collateral incentive agree8 ment under subsection (b) unless a sufficient amount of the

9 unobligated balance of the funds in the account is available

10 to the Secretary, as of the time the contract is entered into,

11 to satisfy the total obligations to be incurred by the United

12 States under the contract.’’.

13 (d) TERMINATION OF NAVY HOUSING INVESTMENT

14 BOARD.—Such section is further amended—

15 (1) by striking out subsection (e); and

16 (2) in subsection (h)—

17 (A) by striking out ‘‘(1)’’; and

18 (B) by striking out paragraph (2).

19 (e) EXTENSION OF AUTHORITY.—Subsection (h) of

20 such section, as amended by subsection (d) of this section,

21 is further amended by striking out ‘‘September 30, 1999’’

22 and inserting in lieu thereof ‘‘September 30, 2000’’.

23 (f) CONFORMING AMENDMENT.—Subsection (g) of such

24 section is further amended by striking out ‘‘NAVY’’ in the

25 subsection caption.
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1 SEC. 2808. CLARIFICATION OF SCOPE OF REPORT REQUIRE2 MENT ON COST INCREASES UNDER CON3 TRACTS FOR MILITARY FAMILY HOUSING

4 CONSTRUCTION.

5 Subsection (d) of section 2853 of title 10, United States

6 Code, is amended to read as follows:

7 ‘‘(d) The limitation on cost increases in subsection (a)

8 does not apply to—

9 ‘‘(1) the settlement of a contractor claim under

10 a contract; or

11 ‘‘(2) a within-scope modification to a contract,

12 but only if—

13 ‘‘(A) the increase in cost is approved by the

14 Secretary concerned; and

15 ‘‘(B) the Secretary concerned promptly sub16 mits written notification of the facts relating to

17 the proposed increase in cost to the appropriate

18 committees of Congress.’’.

19 SEC. 2809. AUTHORITY TO CONVEY DAMAGED OR DETERIO20 RATED MILITARY FAMILY HOUSING.

21 (a) AUTHORITY.—(1) Subchapter III of chapter 169

22 of title 10, United States Code, is amended by inserting

23 after section 2854 the following new section:
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1 ‘‘§ 2854a. Conveyance of damaged or deteriorated

2 military family housing; use of proceeds

3 ‘‘(a) AUTHORITY TO CONVEY.—(1) Subject to para4 graph (3), the Secretary concerned may convey any family

5 housing facility, including family housing facilities located

6 in the United States and family housing facilities located

7 outside the United States, that, due to damage or deteriora8 tion, is in a condition that is uneconomical to repair. Any

9 conveyance of a family housing facility under this section

10 may include a conveyance of the real property associated

11 with the facility conveyed.

12 ‘‘(2) The authority of this section does not apply to

13 family housing facilities located at military installations

14 approved for closure under a base closure law or family

15 housing facilities located at installation outside the United

16 States at which the Secretary of Defense terminates oper17 ations.

18 ‘‘(3) The aggregate total value of the family housing

19 facilities conveyed by the Department of Defense under the

20 authority in this subsection in any fiscal year may not ex21 ceed $5,000,000.

22 ‘‘(4) For purposes of this subsection, a family housing

23 facility is in a condition that is uneconomical to repair

24 if the cost of the necessary repairs for the facility would

25 exceed the amount equal to 70 percent of the cost of con26 structing a family housing facility to replace such facility.
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1 ‘‘(b) CONSIDERATION.—(1) As consideration for the

2 conveyance of a family housing facility under subsection

3 (a), the person to whom the facility is conveyed shall pay

4 the United States an amount equal to the fair market value

5 of the facility conveyed, including any real property con6 veyed along with the facility.

7 ‘‘(2) The Secretary concerned shall determine the fair

8 market value of any family housing facility and associated

9 real property that is conveyed under subsection (a). Such

10 determinations shall be final.

11 ‘‘(c) NOTICE AND WAIT REQUIREMENTS.—The Sec12 retary concerned may not enter into an agreement to convey

13 a family housing facility under this section until—

14 ‘‘(1) the Secretary submits to the appropriate

15 committees of Congress, in writing, a justification for

16 the conveyance under the agreement, including—

17 ‘‘(A) an estimate of the consideration to be

18 provided the United States under the agreement;

19 ‘‘(B) an estimate of the cost of repairing the

20 family housing facility to be conveyed; and

21 ‘‘(C) an estimate of the cost of replacing the

22 family housing facility to be conveyed; and

23 ‘‘(2) a period of 21 calendar days has elapsed

24 after the date on which the justification is received by

25 the committees.
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1 ‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY DIS2 POSAL LAWS.—The following provisions of law do not

3 apply to the conveyance of a family housing facility under

4 this section:

5 ‘‘(1) The provisions of the Federal Property and

6 Administrative Services Act of 1949 (40 U.S.C. 471

7 et seq.).

8 ‘‘(2) The provisions of the Stewart B. McKinney

9 Homeless Assistance Act (42 U.S.C. 11301 et seq.).

10 ‘‘(e) USE OF PROCEEDS.—(1) The proceeds of any con11 veyance of a family housing facility under this section shall

12 be credited to the Department of Defense Military Housing

13 Improvement Fund established under section 2883 of this

14 title and available for the purposes described in paragraph

15 (2).

16 ‘‘(2) The proceeds of a conveyance of a family housing

17 facility under this section may be used for the following

18 purposes:

19 ‘‘(A) To construct family housing units to re20 place the family housing facility conveyed under this

21 section, but only to the extent that the number of

22 units constructed with such proceeds does not exceed

23 the number of units of military family housing of the

24 facility conveyed.
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1 ‘‘(B) To repair or restore existing military fam2 ily housing.

3 ‘‘(C) To reimburse the Secretary concerned for

4 the costs incurred by the Secretary in conveying the

5 family housing facility.

6 ‘‘(3) Notwithstanding section 2883(c) of this title, pro7 ceeds in the account under this subsection shall be available

8 under paragraph (1) for purposes described in paragraph

9 (2) without any further appropriation.

10 ‘‘(f) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of any family housing facility con12 veyed under this section, including any real property asso13 ciated with such facility, shall be determined by such means

14 as the Secretary concerned considers satisfactory, including

15 by survey in the case of real property.

16 ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary concerned may require such additional terms and

18 conditions in connection with the conveyance of family

19 housing facilities under this section as the Secretary consid20 ers appropriate to protect the interests of the United

21 States.’’.

22 (2) The table of sections at the beginning of such sub23 chapter is amended by inserting after the item relating to

24 section 2854 the following new item:

‘‘Sec. 2854a. Conveyance of damaged or deteriorated military family housing; use

of proceeds.’’.
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1 (b) CONFORMING AMENDMENT.—Section 204(h) of the

2 Federal Property and Administrative Services Act 1949 (40

3 U.S.C. 485(h)) is amended—

4 (1) by redesignating paragraph (4) as para5 graph (5); and

6 (2) by inserting after paragraph (3) the follow7 ing new paragraph (4):

8 ‘‘(4) This subsection does not apply to family housing

9 facilities covered by section 2854a of title 10, United States

10 Code.’’.

11 SEC. 2810. ENERGY AND WATER CONSERVATION SAVINGS

12 FOR THE DEPARTMENT OF DEFENSE.

13 (a) INCLUSION OF WATER EFFICIENT MAINTENANCE

14 IN ENERGY PERFORMANCE PLAN.—Paragraph (3) of sec15 tion 2865(a) of title 10, United States Code, is amended

16 by striking out ‘‘energy efficient maintenance’’ and insert17 ing in lieu thereof ‘‘energy efficient maintenance or water

18 efficient maintenance’’.

19 (b) SCOPE OF TERM.—Paragraph (4) of such section

20 is amended—

21 (1) in the matter preceding subparagraph (A),

22 by striking out ‘‘ ‘energy efficient maintenance’ ’’ and

23 inserting in lieu thereof ‘‘ ‘energy efficient mainte24 nance or water efficient maintenance’ ’’;
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1 (2) in subparagraph (A), by striking out ‘‘sys2 tems or industrial processes,’’ in the matter preceding

3 clause (i) and inserting in lieu thereof ‘‘systems, in4 dustrial processes, or water efficiency applications,’’;

5 and

6 (3) in subparagraph (B), by inserting ‘‘or water

7 cost savings’’ before the period at the end.

8 SEC. 2811. ALTERNATIVE AUTHORITY FOR CONSTRUCTION

9 AND IMPROVEMENT OF MILITARY HOUSING.

10 (a) ALTERNATIVE AUTHORITY TO CONSTRUCT AND IM11 PROVE MILITARY HOUSING.—(1) Chapter 169 of title 10,

12 United States Code, is amended by adding at the end the

13 following:

14 ‘‘SUBCHAPTER IV—ALTERNATIVE AUTHORITY

15 FOR ACQUISITION AND IMPROVEMENT OF

16 MILITARY HOUSING

‘‘Sec.

‘‘2871. Definitions.

‘‘2872. General authority.

‘‘2873. Direct loans and loan guarantees.

‘‘2874. Leasing of housing to be constructed.

‘‘2875. Investments in nongovernmental entities.

‘‘2876. Rental guarantees.

‘‘2877. Differential lease payments.

‘‘2878. Conveyance or lease of existing property and facilities.

‘‘2879. Interim leases.

‘‘2880. Unit size and type.

‘‘2881. Support facilities.

‘‘2882. Assignment of members of the armed forces to housing units.

‘‘2883. Department of Defense Housing Improvement Fund.

‘‘2884. Reports.

‘‘2885. Expiration of authority.

17 ‘‘§ 2871. Definitions

18 ‘‘In this subchapter:
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1 ‘‘(1) The term ‘base closure law’ means the fol2 lowing:

3 ‘‘(A) Section 2687 of this title.

4 ‘‘(B) Title II of the Defense Authorization

5 Amendments and Base Closure and Realignment

6 Act (Public Law 100–526; 10 U.S.C. 2687 note).

7 ‘‘(C) The Defense Base Closure and Realign8 ment Act of 1990 (part A of title XXIX of Public

9 Law 101–510; 10 U.S.C. 2687 note).

10 ‘‘(2) The term ‘Secretary concerned’ includes the

11 Secretary of Defense.

12 ‘‘(3) The term ‘support facilities’ means facilities

13 relating to military housing units, including child

14 care centers, day care centers, community centers,

15 housing offices, maintenance complexes, dining facili16 ties, unit offices, fitness centers, parks, and other

17 similar facilities for the support of military housing.

18 ‘‘§ 2872. General authority

19 ‘‘In addition to any other authority provided under

20 this chapter for the acquisition, construction, or improve21 ment of military family housing or military unaccom22 panied housing, the Secretary concerned may exercise any

23 authority or any combination of authorities provided under

24 this subchapter in order to provide for the acquisition, con-
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1 struction, improvement, or rehabilitation by private per2 sons of the following:

3 ‘‘(1) Family housing units on or near military

4 installations within the United States and its terri5 tories and possessions.

6 ‘‘(2) Unaccompanied housing units on or near

7 such military installations.

8 ‘‘§ 2873. Direct loans and loan guarantees

9 ‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c), the

10 Secretary concerned may make direct loans to persons in

11 the private sector in order to provide funds to such persons

12 for the acquisition, construction, improvement, or rehabili13 tation of housing units that the Secretary determines are

14 suitable for use as military family housing or as military

15 unaccompanied housing.

16 ‘‘(2) The Secretary concerned shall establish such terms

17 and conditions with respect to loans made under this sub18 section as the Secretary considers appropriate to protect the

19 interests of the United States, including the period and fre20 quency for repayment of such loans and the obligations of

21 the obligors on such loans upon default.

22 ‘‘(b) LOAN GUARANTEES.—(1) Subject to subsection

23 (c), the Secretary concerned may guarantee a loan made

24 to any person in the private sector if the proceeds of the

25 loan are to be used by the person to acquire, construct, im-
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1 prove, or rehabilitate housing units that the Secretary deter2 mines are suitable for use as military family housing or

3 as military unaccompanied housing.

4 ‘‘(2) The amount of a guarantee on a loan that may

5 be provided under paragraph (1) may not exceed the

6 amount equal to the lesser of—

7 ‘‘(A) the amount equal to 80 percent of the value

8 of the project; or

9 ‘‘(B) the amount of the outstanding principal of

10 the loan.

11 ‘‘(3) The Secretary concerned shall establish such terms

12 and conditions with respect to guarantees of loans under

13 this subsection as the Secretary considers appropriate to

14 protect the interests of the United States, including the

15 rights and obligations of obligors of such loans and the

16 rights and obligations of the United States with respect to

17 such guarantees.

18 ‘‘(c) LIMITATION ON DIRECT LOAN AND GUARANTEE

19 AUTHORITY.—Direct loans and loan guarantees may be

20 made under this section only to the extent that appropria21 tions of budget authority to cover their cost (as defined in

22 section 502(5) of the Federal Credit Reform Act of 1990

23 (2 U.S.C. 661a(5)) are made in advance, or authority is

24 otherwise provided in appropriations Acts. If such appro25 priation or other authority is provided, there may be estab-
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1 lished a financing account (as defined in section 502(7) of

2 such Act (2 U.S.C. 661a(7)) which shall be available for

3 the disbursement of direct loans or payment of claims for

4 payment on loan guarantees under this section and for all

5 other cash flows to and from the Government as a result

6 of direct loans and guarantees made under this section.

7 ‘‘§ 2874. Leasing of housing to be constructed

8 ‘‘(a) BUILD AND LEASE AUTHORIZED.—The Secretary

9 concerned may enter into contracts for the lease of family

10 housing units or unaccompanied housing units to be con11 structed, improved, or rehabilitated under this subchapter.

12 ‘‘(b) LEASE TERMS.—A contract under this section

13 may be for any period that the Secretary concerned deter14 mines appropriate.

15 ‘‘§ 2875. Investments in nongovernmental entities

16 ‘‘(a) INVESTMENTS AUTHORIZED.—The Secretary con17 cerned may make investments in nongovernmental entities

18 carrying out projects for the acquisition, construction, im19 provement, or rehabilitation of housing units suitable for

20 use as military family housing or as military unaccom21 panied housing.

22 ‘‘(b) FORMS OF INVESTMENT.—An investment under

23 this section may take the form of a direct investment by

24 the United States, an acquisition of a limited partnership

25 interest by the United States, a purchase of stock or other
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1 equity instruments by the United States, a purchase of

2 bonds or other debt instruments by the United States, or

3 any combination of such forms of investment.

4 ‘‘(c) LIMITATION ON VALUE OF INVESTMENT.—(1) The

5 cash amount of an investment under this section in a non6 governmental entity may not exceed an amount equal to

7 35 percent of the capital cost (as determined by the Sec8 retary concerned) of the project or projects that the entity

9 proposes to carry out under this section with the invest10 ment.

11 ‘‘(2) If the Secretary concerned conveys land or facili12 ties to a nongovernmental entity as all or part of an invest13 ment in the entity under this section, the total value of the

14 investment by the Secretary under this section may not ex15 ceed an amount equal to 45 percent of the capital cost (as

16 determined by the Secretary) of the project or projects that

17 the entity proposes to carry out under this section with the

18 investment.

19 ‘‘(3) In this subsection, the term ‘capital cost’, with

20 respect to a project for the acquisition, construction, im21 provement, or rehabilitation of housing, means the total

22 amount of the costs included in the basis of the housing

23 for Federal income tax purposes.

24 ‘‘(d) COLLATERAL INCENTIVE AGREEMENTS.—The

25 Secretary concerned may enter into collateral incentive
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1 agreements with nongovernmental entities in which the Sec2 retary makes an investment under this section to ensure

3 that a suitable preference will be afforded members of the

4 armed forces in the lease or purchase, as the case may be,

5 of a reasonable number of the housing units covered by the

6 investment.

7 ‘‘§ 2876. Rental guarantees

8 ‘‘The Secretary concerned may enter into agreements

9 with private persons that acquire, construct, improve, or

10 rehabilitate family housing units or unaccompanied hous11 ing units under this subchapter in order to assure—

12 ‘‘(1) the occupancy of such units at levels speci13 fied in the agreements; or

14 ‘‘(2) rental income derived from rental of such

15 units at levels specified in the agreements.

16 ‘‘§ 2877. Differential lease payments

17 ‘‘The Secretary concerned, pursuant to an agreement

18 entered into by the Secretary and a private lessor of family

19 housing or unaccompanied housing to members of the

20 armed forces, may pay the lessor an amount in addition

21 to the rental payments for the housing made by the members

22 as the Secretary determines appropriate to encourage the

23 lessor to make the housing available to members of the

24 armed forces as family housing or as unaccompanied hous25 ing.
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1 ‘‘§ 2878. Conveyance or lease of existing property and

2 facilities

3 ‘‘(a) CONVEYANCE OR LEASE AUTHORIZED.—The Sec4 retary concerned may convey or lease property or facilities

5 (including support facilities) to private persons for pur6 poses of using the proceeds of such conveyance or lease to

7 carry out activities under this subchapter.

8 ‘‘(b) INAPPLICABILITY TO PROPERTY AT INSTALLATION

9 APPROVED FOR CLOSURE.—The authority of this section

10 does not apply to property or facilities located on or near

11 a military installation approved for closure under a base

12 closure law.

13 ‘‘(c) TERMS AND CONDITIONS.—(1) The conveyance or

14 lease of property or facilities under this section shall be for

15 such consideration and upon such terms and conditions as

16 the Secretary concerned considers appropriate for the pur17 poses of this subchapter and to protect the interests of the

18 United States.

19 ‘‘(2) As part or all of the consideration for a convey20 ance or lease under this section, the purchaser or lessor (as

21 the case may be) may enter into an agreement with the

22 Secretary to ensure that a suitable preference will be af23 forded members of the armed forces in the lease or sublease

24 of a reasonable number of the housing units covered by the

25 conveyance or lease, as the case may be, or in the lease of
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1 other suitable housing units made available by the pur2 chaser or lessee.

3 ‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY MAN4 AGEMENT LAWS.—The conveyance or lease of property or

5 facilities under this section shall not be subject to the follow6 ing provisions of law:

7 ‘‘(1) Section 2667 of this title.

8 ‘‘(2) The Federal Property and Administrative

9 Services Act of 1949 (40 U.S.C. 471 et seq.).

10 ‘‘(3) Section 321 of the Act of June 30, 1932

11 (commonly known as the Economy Act) (47 Stat.

12 412, chapter 314; 40 U.S.C. 303b).

13 ‘‘(4) The Stewart B. McKinney Homeless Assist14 ance Act (42 U.S.C. 11301 et seq.).

15 ‘‘§ 2879. Interim leases

16 ‘‘Pending completion of a project to acquire, construct,

17 improve, or rehabilitate family housing units or unaccom18 panied housing units under this subchapter, the Secretary

19 concerned may provide for the interim lease of such units

20 of the project as are complete. The term of a lease under

21 this section may not extend beyond the date of the comple22 tion of the project concerned.

23 ‘‘§ 2880. Unit size and type

24 ‘‘(a) CONFORMITY WITH SIMILAR HOUSING UNITS IN

25 LOCALE.—The Secretary concerned shall ensure that the
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1 room patterns and floor areas of family housing units and

2 unaccompanied housing units acquired, constructed, im3 proved, or rehabilitated under this subchapter are generally

4 comparable to the room patterns and floor areas of similar

5 housing units in the locality concerned.

6 ‘‘(b) INAPPLICABILITY OF LIMITATIONS ON SPACE BY

7 PAY GRADE.—(1) Section 2826 of this title does not apply

8 to family housing units acquired, constructed, improved, or

9 rehabilitated under this subchapter.

10 ‘‘(2) The regulations prescribed under section 2856 of

11 this title do not apply to unaccompanied housing units ac12 quired, constructed, improved, or rehabilitated under this

13 subchapter.

14 ‘‘§ 2881. Support facilities

15 ‘‘Any project for the acquisition, construction, im16 provement, or rehabilitation of family housing units or un17 accompanied housing units under this subchapter may in18 clude the acquisition, construction, or improvement of sup19 port facilities for the housing units concerned.

20 ‘‘§ 2882. Assignment of members of the armed forces to

21 housing units

22 ‘‘(a) IN GENERAL.—The Secretary concerned may as23 sign members of the armed forces to housing units acquired,

24 constructed, improved, or rehabilitated under this sub25 chapter.
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1 ‘‘(b) EFFECT OF CERTAIN ASSIGNMENTS ON ENTITLE2 MENT TO HOUSING ALLOWANCES.—(1) Except as provided

3 in paragraph (2), housing referred to in subsection (a) shall

4 be considered as quarters of the United States or a housing

5 facility under the jurisdiction of a uniformed service for

6 purposes of section 403(b) of title 37.

7 ‘‘(2) A member of the armed forces who is assigned

8 in accordance with subsection (a) to a housing unit not

9 owned or leased by the United States shall be entitled to

10 a basic allowance for quarters under section 403 of title

11 37 and, if in a high housing cost area, a variable housing

12 allowance under section 403a of that title.

13 ‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOT14 MENTS.—The Secretary concerned may require members of

15 the armed forces who lease housing in housing units ac16 quired, constructed, improved, or rehabilitated under this

17 subchapter to make lease payments for such housing pursu18 ant to allotments of the pay of such members under section

19 701 of title 37.

20 ‘‘§ 2883. Department of Defense Housing Improvement

21 Fund

22 ‘‘(a) ESTABLISHMENT.—There is hereby established on

23 the books of the Treasury an account to be known as the

24 Department of Defense Housing Improvement Fund (in this
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1 section referred to as the ‘Fund’). The Secretary of Defense

2 shall administer the Fund as a single account.

3 ‘‘(b) CREDITS TO FUND.—There shall be credited to the

4 Fund the following:

5 ‘‘(1) Funds appropriated to the Fund.

6 ‘‘(2) Any funds that the Secretary of Defense

7 may, to the extent provided in appropriations Acts,

8 transfer to the Fund from funds appropriated to the

9 Department of Defense for family housing, except that

10 such funds may be transferred only after the Sec11 retary of Defense transmits written notice of, and jus12 tification for, such transfer to the appropriate com13 mittees of Congress.

14 ‘‘(3) Any funds that the Secretary of Defense

15 may, to the extent provided in appropriations Acts,

16 transfer to the Fund from funds appropriated to the

17 Department of Defense for military unaccompanied

18 housing or for the operation and maintenance of mili19 tary unaccompanied housing, except that such funds

20 may be transferred only after the Secretary of Defense

21 transmits written notice of, and justification for, such

22 transfer to the appropriate committees of Congress.

23 ‘‘(4) Proceeds from the conveyance or lease of

24 property or facilities under section 2878 of this title.
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1 ‘‘(5) Income from any activities under this sub2 chapter, including interest on loans made under sec3 tion 2873 of this title, income and gains realized from

4 investments under section 2875 of this title, and any

5 return of capital invested as part of such investments.

6 ‘‘(c) USE OF FUNDS.—(1) To the extent provided in

7 appropriations Acts and except as provided in paragraphs

8 (2) and (3), the Secretary of Defense may use amounts in

9 the Fund to carry out activities under this subchapter (in10 cluding activities required in connection with the planning,

11 execution, and administration of contracts or agreements

12 entered into under the authority of this subchapter) and

13 may transfer funds to the Secretaries of the military depart14 ments to permit such Secretaries to carry out such activi15 ties.

16 ‘‘(2)(A) Funds in the fund that are derived from ap17 propriations or transfers of funds for military family hous18 ing, or from income from activities under this subchapter

19 with respect to such housing, may be used in accordance

20 with paragraph (1) only to carry out activities under this

21 subchapter with respect to military family housing.

22 ‘‘(B) Funds in the fund that are derived from appro23 priations or transfers of funds for military unaccompanied

24 housing, or from income from activities under this sub25 chapter with respect to such housing, may be used in ac-
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1 cordance with paragraph (1) only to carry out activities

2 under this subchapter with respect to military unaccom3 panied housing.

4 ‘‘(3) The Secretary may not enter into a contract or

5 agreement to carry out activities under this subchapter un6 less the Fund contains sufficient amounts, as of the time

7 the contract or agreement is entered into, to satisfy the total

8 obligations to be incurred by the United States under the

9 contract or agreement.

10 ‘‘(d) LIMITATION ON AMOUNT OF BUDGET AUTHOR11 ITY.—The total value in budget authority of all contracts,

12 agreements, and investments undertaken using the authori13 ties provided in this subchapter shall not exceed

14 $1,000,000,000.

15 ‘‘§ 2884. Reports

16 ‘‘(a) PROJECT REPORTS.—The Secretary of Defense

17 shall transmit to the appropriate committees of Congress

18 a report on each contract or agreement for a project for

19 the acquisition, construction, improvement, or rehabilita20 tion of family housing units or unaccompanied housing

21 units that the Secretary proposes to solicit under this sub22 chapter. The report shall describe the project and the in23 tended method of participation of the United States in the

24 project and provide a justification of such method of par25 ticipation.
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1 ‘‘(b) ANNUAL REPORTS.—The Secretary of Defense

2 shall include each year in the materials that the Secretary

3 submits to Congress in support of the budget submitted by

4 the President pursuant to section 1105 of title 31 the follow5 ing:

6 ‘‘(1) A report on the expenditures and receipts

7 during the preceding fiscal year from the Department

8 of Defense Housing Improvement Fund established

9 under section 2883 of this title.

10 ‘‘(2) A methodology for evaluating the extent and

11 effectiveness of the use of the authorities under this

12 subchapter during such preceding fiscal year.

13 ‘‘(3) A description of the objectives of the Depart14 ment of Defense for providing military family hous15 ing and military unaccompanied housing for mem16 bers of the armed forces.

17 ‘‘§ 2885. Expiration of authority

18 ‘‘The authority to enter into a transaction under this

19 subchapter shall expire 5 years after the date of the enact20 ment of the National Defense Authorization Act for Fiscal

21 Year 1996.’’.

22 (2) The table of subchapters at the beginning of such

23 chapter is amended by inserting after the item relating to

24 subchapter III the following new item:

‘‘IV. Alternative Authority for Acquisition and Improvement of Military

Housing ............................................................................... 2870’’.
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1 (b) FINAL REPORT.—Not later than March 1, 2000,

2 the Secretary of Defense shall submit to the congressional

3 defense committees a report on the use by the Secretary of

4 Defense and the Secretaries of the military departments of

5 the authorities provided by subchapter IV of chapter 169

6 of title 10, United States Code, as added by subsection (a).

7 The report shall assess the effectiveness of such authority

8 in providing for the construction and improvement of mili9 tary family housing and military unaccompanied housing.

10 (c) CROSS REFERENCE AMENDMENT.—(1) Chapter

11 169 of title 10, United States Code, is further amended by

12 inserting after section 2822 the following new section:

13 ‘‘§ 2822a. Additional authority relating to military

14 housing

15 ‘‘For additional authority regarding the acquisition,

16 construction, or improvement of military family housing

17 and military unaccompanied housing, see subchapter IV of

18 this chapter.’’.

19 (2) The table of sections at the beginning of subchapter

20 II of such chapter is amended by inserting after the item

21 relating to section 2822 the following new item:

‘‘2822a. Additional authority relating to military housing.’’.
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1 SEC. 2812. PERMANENT AUTHORITY TO ENTER INTO

2 LEASES OF LAND FOR SPECIAL OPERATIONS

3 ACTIVITIES.

4 (a) PERMANENT AUTHORITY.—Section 2680 of title

5 10, United States Code, is amended by striking out sub6 section (d).

7 (b) REPORTING REQUIREMENT.—Such section is fur8 ther amended by adding at the end the following new sub9 section (d):

10 ‘‘(d) REPORTS.—Not later than March 1 of each year,

11 the Secretary of Defense shall submit to the Committee on

12 the Armed Services of the Senate and the Committee on Na13 tional Security of the House of Representatives a report

14 that—

15 ‘‘(1) identifies each leasehold interest acquired

16 during the previous fiscal year under subsection (a);

17 and

18 ‘‘(2) contains a discussion of each project for the

19 construction or modification of facilities carried out

20 pursuant to subsection (c) during such fiscal year.’’.

21 SEC. 2813. AUTHORITY TO USE FUNDS FOR CERTAIN EDU22 CATIONAL PURPOSES.

23 Section 2008 of title 10, United States Code, is amend24 ed by striking out ‘‘section 10’’ and all that follows through

25 the period at the end and inserting in lieu thereof ‘‘con26 struction, as defined in section 8013(3) of the Elementary
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1 and Secondary Education Act of 1965 (20 U.S.C. 7713(3)),

2 or to carry out section 8008 of such Act (20 U.S.C. 7708),

3 relating to impact aid.’’.

4 Subtitle B—Defense Base Closure

5 and Realignment

6 SEC. 2821. IN-KIND CONSIDERATION FOR LEASES AT IN7 STALLATIONS TO BE CLOSED OR REALIGNED.

8 Section 2667(f) of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(4) The Secretary concerned may accept under sub11 section (b)(5) services of a lessee for an entire installation

12 to be closed or realigned under a base closure law, or for

13 any part of such installation, without regard to the require14 ment in subsection (b)(5) that a substantial part of the in15 stallation be leased.’’.

16 SEC. 2822. CLARIFICATION OF AUTHORITY REGARDING

17 CONTRACTS FOR COMMUNITY SERVICES AT

18 INSTALLATIONS BEING CLOSED.

19 (a) 1988 LAW.—Section 204(b)(8)(A) of the Defense

20 Authorization Amendments and Base Closure and Realign21 ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is

22 amended—

23 (1) by striking out ‘‘may contract’’ and inserting

24 in lieu thereof ‘‘may enter into agreements (including
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1 contracts, cooperative agreements, or other arrange2 ments)’’; and

3 (2) by adding at the end the following new sen4 tence: ‘‘An agreement under the authority in the pre5 ceding sentence may provide for the reimbursement of

6 the local government concerned by the Secretary for

7 the cost of any services provided under the agreement

8 by that government.’’.

9 (b) 1990 LAW.—Section 2905(b)(8)(A) of the Defense

10 Base Closure and Realignment Act of 1990 (part A of title

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

12 amended—

13 (1) by striking out ‘‘may contract’’ and inserting

14 in lieu thereof ‘‘may enter into agreements (including

15 contracts, cooperative agreements, or other arrange16 ments)’’; and

17 (2) by adding at the end the following new sen18 tence: ‘‘An agreement under the authority in the pre19 ceding sentence may provide for the reimbursement of

20 the local government concerned by the Secretary for

21 the cost of any services provided under the agreement

22 by that government.’’.
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1 SEC. 2823. CLARIFICATION OF FUNDING FOR ENVIRON2 MENTAL RESTORATION AT INSTALLATIONS

3 APPROVED FOR CLOSURE OR REALIGNMENT

4 IN 1995.

5 Subsection (e) of section 2906 of the Defense Base Clo6 sure and Realignment Act of 1990 (part A of title XXIX

7 of Public Law 101–510; 10 U.S.C. 2687 note) is amended

8 to read as follows:

9 ‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR EN10 VIRONMENTAL RESTORATION PROJECTS.—(1) Except for

11 funds deposited into the Account under subsection (a), and

12 except as provided in paragraph (2), funds appropriated

13 to the Department of Defense may not be used for purposes

14 described in section 2905(a)(1)(C). The prohibition in this

15 subsection shall expire upon the termination of the Sec16 retary’s authority to carry out a closure or realignment

17 under this part.

18 ‘‘(2) Funds in the Defense Environmental Restoration

19 Account established under section 2703(a) of title 10, Unit20 ed States Code, may be used in fiscal year 1996 for environ21 mental restoration at installations approved for closure or

22 realignment under this part in 1995.’’.
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1 SEC. 2824. AUTHORITY TO LEASE PROPERTY REQUIRING

2 ENVIRONMENTAL REMEDIATION AT INSTAL3 LATIONS APPROVED FOR CLOSURE.

4 Section 120(h)(3) of the Comprehensive Environ5 mental Response Compensation and Liability Act of 1980

6 (42 U.S.C. 9620(h)(3)) is amended in the matter following

7 subparagraph (C)—

8 (1) by striking out the first sentence; and

9 (2) by adding at the end, flush to the paragraph

10 margin, the following:

11 ‘‘The requirements of subparagraph (B) shall not

12 apply in any case in which the person or entity to

13 whom the real property is transferred is a potentially

14 responsible party with respect to such property.

15 ‘‘The requirements of subparagraph (B) shall not

16 apply in any case in which the transfer of the prop17 erty occurs or has occurred by means of a lease, with18 out regard to whether the lessee has agreed to pur19 chase the property or whether the duration of the lease

20 is longer than 55 years. In the case of a lease entered

21 into after September 30, 1995, with respect to real

22 property located at an installation approved for clo23 sure or realignment under a base closure law, the

24 agency leasing the property, in consultation with the

25 Administrator, shall determine before leasing the

26 property that the property is suitable for lease, that
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1 the uses contemplated for the lease are consistent with

2 protection of human health and the environment, and

3 that there are adequate assurances that the United

4 States will take all remedial action referred to in sub5 paragraph (B) that has not been taken on the date of

6 the lease.’’.

7 SEC. 2825. FINAL FUNDING FOR DEFENSE BASE CLOSURE

8 AND REALIGNMENT COMMISSION.

9 Section 2902(k) of the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public Law

11 101–510; 10 U.S.C. 2687 note) is amended by adding at

12 the end the following:

13 ‘‘(3)(A) The Secretary may transfer from the account

14 referred to in subparagraph (B) such unobligated funds in

15 that account as may be necessary for the Commission to

16 carry out its duties under this part during October, Novem17 ber, and December 1995. Funds transferred under the pre18 ceding sentence shall remain available until December 31,

19 1995.

20 ‘‘(B) The account referred to in subparagraph (A) is

21 the Department of Defense Base Closure Account established

22 under section 207(a) of the Defense Authorization Amend23 ments and Base Closure and Realignment Act (Public Law

24 100–526; 10 U.S.C. 2687 note).’’.
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1 SEC. 2826. IMPROVEMENT OF BASE CLOSURE AND REALIGN2 MENT PROCESS.

3 (a) APPLICABILITY.—Subparagraph (A) of section

4 2905(b)(7) of the Defense Base Closure and Realignment

5 Act of 1990 (part A of title XXIX of Public Law 101–510;

6 10 U.S.C. 2687 note) is amended by striking out ‘‘Deter7 minations of the use to assist the homeless of buildings and

8 property located at installations approved for closure under

9 this part’’ and inserting in lieu thereof ‘‘Procedures for the

10 disposal of buildings and property located at installations

11 approved for closure or realignment under this part’’.

12 (b) REDEVELOPMENT AUTHORITIES.—Subparagraph

13 (B) of such section is amended by adding at the end the

14 following:

15 ‘‘(iii) The chief executive officer of the State in which

16 an installation covered by this paragraph is located may

17 assist in resolving any disputes among citizens or groups

18 of citizens as to the individuals and groups constituting the

19 redevelopment authority for the installation.’’.

20 (c) AGREEMENTS UNDER REDEVELOPMENT PLANS.—

21 Subparagraph (F)(ii)(I) of such section is amended in the

22 second sentence by striking out ‘‘the approval of the redevel23 opment plan by the Secretary of Housing and Urban Devel24 opment under subparagraph (H) or (J)’’ and inserting in

25 lieu thereof ‘‘the decision regarding the disposal of the build-
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1 ings and property covered by the agreements by the Sec2 retary of Defense under subparagraph (K) or (L)’’.

3 (d) REVISION OF REDEVELOPMENT PLANS.—Subpara4 graph (I) of such section is amended by inserting ‘‘the Sec5 retary of Defense and’’ before ‘‘the Secretary of Housing and

6 Urban Development’’ each place it appears.

7 (e) DISPOSAL OF BUILDINGS AND PROPERTY.—(1)

8 Subparagraph (K) of such section is amended to read as

9 follows:

10 ‘‘(K)(i) Upon receipt of a notice under subparagraph

11 (H)(iv) or (J)(ii) of the determination of the Secretary of

12 Housing and Urban Development that a redevelopment

13 plan for an installation meets the requirements set forth

14 in subparagraph (H)(i), the Secretary of Defense shall dis15 pose of the buildings and property at the installation.

16 ‘‘(ii) For purposes of carrying out an environmental

17 assessment of the closure or realignment of an installation,

18 the Secretary shall treat the redevelopment plan for the in19 stallation (including the aspects of the plan providing for

20 disposal to State or local governments, representatives of

21 the homeless, and other interested parties) as part of the

22 proposed Federal action for the installation.

23 ‘‘(iii) The Secretary shall dispose of buildings and

24 property under clause (i) in accordance with the record of

25 decision or other decision document prepared by the Sec-
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1 retary in accordance with the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the

3 record of decision or other decision document, the Secretary

4 shall give substantial deference to the redevelopment plan

5 concerned.

6 ‘‘(iv) The disposal under clause (i) of buildings and

7 property to assist the homeless shall be without consider8 ation.

9 ‘‘(v) In the case of a request for a conveyance under

10 clause (i) of buildings and property for public benefit under

11 section 203(k) of the Federal Property and Administrative

12 Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II

13 of chapter 471 of title 49, United States Code, the applicant

14 and use proposed in the request shall be determined to be

15 eligible for the public benefit conveyance under the eligi16 bility criteria set forth in such section or such subchapter.

17 The determination of such eligibility should be made before

18 the redevelopment plan concerned under subparagraph (G)

19 ’’.

20 (2) Subparagraph (L) of such section is amended by

21 striking out clauses (iii) and (iv) and inserting in lieu

22 thereof the following new clauses (iii) and (iv):

23 ‘‘(iii) Not later than 90 days after the date of the re24 ceipt of a revised plan for an installation under subpara-
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1 graph (J), the Secretary of Housing and Urban Develop2 ment shall—

3 ‘‘(I) notify the Secretary of Defense and the rede4 velopment authority concerned of the buildings and

5 property at an installation under clause (i)(IV) that

6 the Secretary of Housing and Urban Development de7 termines are suitable for use to assist the homeless;

8 and

9 ‘‘(II) notify the Secretary of Defense of the extent

10 to which the revised plan meets the criteria set forth

11 in subparagraph (H)(i).

12 ‘‘(iv)(I) Upon notice from the Secretary of Housing

13 and Urban Development with respect to an installation

14 under clause (iii), the Secretary of Defense shall, after con15 sultation with the Secretary of Housing and Urban Devel16 opment and redevelopment authority concerned, dispose of

17 buildings and property at the installation.

18 ‘‘(II) For purposes of carrying out an environmental

19 assessment of the closure or realignment of an installation,

20 the Secretary shall treat the redevelopment plan for the in21 stallation (including the aspects of the plan providing for

22 disposal to State or local governments, representatives of

23 the homeless, and other interested parties) as part of the

24 proposed Federal action for the installation.
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1 ‘‘(III) The Secretary shall dispose of buildings and

2 property under subclause (I) in accordance with the record

3 of decision or other decision document prepared by the Sec4 retary in accordance with the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the

6 record of decision or other decision document, the Secretary

7 shall give deference to the redevelopment plan concerned.

8 ‘‘(IV) The disposal under subclause (I) of buildings

9 and property to assist the homeless shall be without consid10 eration.

11 ‘‘(V) In the case of a request for a conveyance under

12 clause (i) of buildings and property for public benefit under

13 section 203(k) of the Federal Property and Administrative

14 Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II

15 of chapter 471 of title 49, United States Code, the applicant

16 and use proposed in the request shall be determined to be

17 eligible for the public benefit conveyance under the eligi18 bility criteria set forth in such section or such subchapter.

19 The determination of such eligibility should be made before

20 the redevelopment plan concerned under subparagraph (G)

21 ’’.

22 (f) CONFORMING AMENDMENT.—Subparagraph (M)(i)

23 of such section is amended by inserting ‘‘or (L)’’ after ‘‘sub24 paragraph (K)’’.
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1 (g) CLARIFICATION OF PARTICIPANTS IN PROCESS.—

2 Such section is further amended by adding at the end the

3 following:

4 ‘‘(P) For purposes of this paragraph, the term ‘other

5 interested parties’, in the case of an installation, includes

6 any parties eligible for the conveyance of property of the

7 installation under section 203(k) of the Federal Property

8 and Administrative Services Act of 1949 (40 U.S.C. 484(k))

9 or subchapter II of chapter 471 of title 49, United States

10 Code, whether or not the parties assist the homeless.’’.

11 (h) TECHNICAL AMENDMENTS.—Section 2910 of such

12 Act is amended—

13 (1) by designating the paragraph (10) added by

14 section 2(b) of the Base Closure Community Redevel15 opment and Homeless Assistance Act of 1994 (Public

16 Law 103–421; 108 Stat. 4352) as paragraph (11);

17 and

18 (2) in such paragraph, as so designated, by

19 striking out ‘‘section 501(h)(4) of the Stewart B.

20 McKinney Homeless Assistance Act (42 U.S.C.

21 11411(h)(4))’’ and inserting in lieu thereof ‘‘section

22 501(i)(4) of the Stewart B. McKinney Homeless As23 sistance Act (42 U.S.C. 11411(i)(4))’’.
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1 SEC. 2827. EXERCISE OF AUTHORITY DELEGATED BY THE

2 ADMINISTRATOR OF GENERAL SERVICES.

3 Section 2905(b)(2) of the Defense Base Closure and Re4 alignment Act of 1990 (part A of title XXIX of Public Law

5 101–510; 10 U.S.C. 2687 note) is amended—

6 (1) in subparagraph (A)—

7 (A) by striking out ‘‘Subject to subpara8 graph (C)’’ in the matter preceding clause (i)

9 and inserting in lieu thereof ‘‘Subject to sub10 paragraph (B)’’; and

11 (B) by striking out ‘‘in effect on the date of

12 the enactment of this Act’’ each place it appears

13 in clauses (i) and (ii);

14 (2) by striking out subparagraphs (B) and (C)

15 and inserting in lieu thereof the following new sub16 paragraph (B):

17 ‘‘(B) The Secretary may, with the concurrence of the

18 Administrator of General Services—

19 ‘‘(i) prescribe general policies and methods for

20 utilizing excess property and disposing of surplus

21 property pursuant to the authority delegated under

22 paragraph (1); and

23 ‘‘(ii) issue regulations relating to such policies

24 and methods which regulations supersede the regula25 tions referred to in subparagraph (A) with respect to

26 that authority.’’; and
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1 (3) by redesignating subparagraphs (D) and (E)

2 as subparagraphs (C) and (D), respectively.

3 SEC. 2828. LEASE BACK OF PROPERTY DISPOSED FROM IN4 STALLATIONS APPROVED FOR CLOSURE OR

5 REALIGNMENT.

6 (a) AUTHORITY.—Section 2905(b)(4) of the Defense

7 Base Closure and Realignment Act of 1990 (part A of title

8 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

9 amended—

10 (1) by redesignating subparagraphs (C), (D),

11 and (E) as subparagraphs (D), (E), and (F), respec12 tively; and

13 (2) by inserting after subparagraph (B) the fol14 lowing new subparagraph (C):

15 ‘‘(C)(i) The Secretary may transfer real property at

16 an installation approved for closure or realignment under

17 this part (including property at an installation approved

18 for realignment which property will be retained by the De19 partment of Defense or another Federal agency after re20 alignment) to the redevelopment authority for the installa21 tion if the redevelopment authority agrees to lease, directly

22 upon transfer, all or a significant portion of the property

23 transferred under this subparagraph to the Secretary or to

24 the head of another department or agency of the Federal
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1 Government. Subparagraph (B) shall apply to a transfer

2 under this subparagraph.

3 ‘‘(ii) A lease under clause (i) shall be for a term of

4 not to exceed 50 years, but may provide for options for re5 newal or extension of the term by the department or agency

6 concerned.

7 ‘‘(iii) A lease under clause (i) may not require rental

8 payments by the United States.

9 ‘‘(iv) A lease under clause (i) shall include a provision

10 specifying that if the department or agency concerned ceases

11 requiring the use of the leased property before the expiration

12 of the term of the lease, the remainder of the lease term

13 may, upon approval by the redevelopment authority con14 cerned, be satisfied by the same or another department or

15 agency of the Federal Government using the property for

16 a use similar to the use under the lease.’’.

17 (b) USE OF FUNDS TO IMPROVE LEASED PROP18 ERTY.—Notwithstanding any other provision of law, a de19 partment or agency of the Federal Government that enters

20 into a lease of property under section 2905(b)(4)(C) of the

21 such Act, as amended by subsection (a), may use funds ap22 propriated or otherwise available to the department or

23 agency for such purpose to improve the leased property.
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1 SEC. 2829. PROCEEDS OF LEASES AT INSTALLATIONS AP2 PROVED FOR CLOSURE OR REALIGNMENT.

3 (a) INTERIM LEASES.—Section 2667(d) of title 10,

4 United States Code, is amended—

5 (1) in paragraph (1)(A)—

6 (A) by striking out ‘‘and’’ at the end of

7 clause (i);

8 (B) by striking out the period at the end of

9 clause (ii) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (C) by adding at the end the following:

12 ‘‘(iii) money rentals referred to in paragraph

13 (5).’’; and

14 (2) by adding at the end the following:

15 ‘‘(5) Money rentals received by the United States under

16 subsection (f) shall be deposited in the Department of De17 fense Base Closure Account 1990 established under section

18 2906(a) of the Defense Base Closure and Realignment Act

19 of 1990 (part A of title XXIX of Public Law 101–510; 10

20 U.S.C. 2687 note).’’.

21 (b) DEPOSIT IN 1990 ACCOUNT.—Section 2906(a)(2)

22 of the Defense Base Closure and Realignment Act of 1990

23 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

24 2687 note) is amended—

25 (1) in subparagraph (C)—
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1 (A) by striking out ‘‘transfer or disposal’’

2 and inserting in lieu thereof ‘‘transfer, lease, or

3 other disposal’’; and

4 (B) by striking out ‘‘and’’ at the end;

5 (2) in subparagraph (D)—

6 (A) by striking out ‘‘transfer or disposal’’

7 and inserting in lieu thereof ‘‘transfer, lease, or

8 other disposal’’; and

9 (B) by striking out the period at the end

10 and inserting in lieu thereof ‘‘; and’’; and

11 (3) by adding at the end the following:

12 ‘‘(E) money rentals received by the United States

13 under section 2667(f) of title 10, United States

14 Code.’’.

15 SEC. 2830. CONSOLIDATION OF DISPOSAL OF PROPERTY

16 AND FACILITIES AT FORT HOLABIRD, MARY17 LAND.

18 (a) CONSOLIDATION.—Notwithstanding any other pro19 vision of law, the Secretary of Defense shall dispose of the

20 property and facilities at Fort Holabird, Maryland, de21 scribed in subsection (b) in accordance with subparagraph

22 (2)(e) of the Base Closure Community Redevelopment and

23 Homeless Assistance Act of 1994 (P.L. 103–421), treating

24 the property described in subsection (b) as if the CEO of

25 the State had submitted a timely request to the Secretary
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1 of Defense under subparagraph (2)(e)(1)(B)(ii) of the Base

2 Closure Community Redevelopment and Homeless Assist3 ance Act of 1994 (P.L. 103–421).

4 (b) COVERED PROPERTY AND FACILITIES.—Subsection

5 (a) applies to the following property and facilities at Fort

6 Holabird, Maryland:

7 (1) Property and facilities that were approved

8 for closure or realignment under the 1988 base closure

9 law that are not disposed of as of the date of the en10 actment of this Act, including buildings 305 and 306

11 and the parking lots and other property associated

12 with such buildings.

13 (2) Property and facilities that are approved for

14 closure or realignment under the 1990 base closure

15 law in 1995.

16 (c) USE OF SURVEYS AND OTHER EVALUATIONS OF

17 PROPERTY.—In carrying out the disposal of the property

18 and facilities referred to in subsection (b)(1), the Secretary

19 shall utilize any surveys and other evaluations of such prop20 erty and facilities that are prepared by the Corps of Engi21 neers before the date of the enactment of this Act as part

22 of the process for the disposal of such property and facilities

23 under the 1988 base closure law.

24 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘1988 base closure law’’ means title

2 II of the Defense Authorization Amendments and

3 Base Closure and Realignment Act (Public Law 100–

4 526; 10 U.S.C. 2687 note).

5 (2) The term ‘‘1990 base closure law’’ means the

6 Defense Base Closure and Realignment Act of 1990

7 (part A of title XXIX of Public Law 101–510; 10

8 U.S.C. 2687 note).

9 SEC. 2830A. LAND CONVEYANCE, PROPERTY UNDERLYING

10 CUMMINS APARTMENT COMPLEX, FORT

11 HOLABIRD, MARYLAND.

12 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

13 any other provision of law, the Secretary of the Army may

14 convey to the existing owner of the improvements thereon

15 all right, title, and interest of the United States in and to

16 a parcel of real property underlying the Cummins Apart17 ment Complex at Fort Holabird, Maryland, consisting of

18 approximately 6 acres and any interest the United States

19 may have in the improvements thereon.

20 (b) CONSIDERATION.—As consideration for the convey21 ance under subsection (a), the owner of the improvements

22 referred to in that subsection shall provide compensation

23 to the United States in an amount equal to the fair market

24 value (as determined by the Secretary) of the property in25 terest to be conveyed.
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1 (c) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey that

4 is satisfactory to the Secretary.

5 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions

7 in connection with the conveyance under subsection (a) as

8 the Secretary considers appropriate to protect the interests

9 of the United States.

10 SEC. 2830B. INTERIM LEASES OF PROPERTY APPROVED FOR

11 CLOSURE OR REALIGNMENT.

12 Section 2667(f) of title 10, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(4)(A) Notwithstanding the National Environmental

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of

16 any environmental impact analysis necessary to support an

17 interim lease of property under this subsection shall be lim18 ited to the environmental consequences of activities author19 ized under the proposed lease and the cumulative impacts

20 of other past, present, and reasonably foreseeable future ac21 tions during the period of the proposed lease.

22 ‘‘(B) Interim leases entered into under this subsection

23 shall be deemed not to prejudice the final property disposal

24 decision, even if final property disposal may be delayed

25 until completion of the interim lease term. An interim lease
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1 under this subsection shall not be entered into without prior

2 consultation with the redevelopment authority concerned.

3 ‘‘(C) The provisions of subparagraphs (A) and (B)

4 shall not apply to an interim lease under this subsection

5 if authorized activities under the lease would—

6 ‘‘(i) significantly effect the quality of the human

7 environment; or

8 ‘‘(ii) irreversibly alter the environment in a way

9 that would preclude any reasonable disposal alter10 native of the property concerned.’’.

11 SEC. 2830C. SENSE OF THE CONGRESS REGARDING

12 FITZSIMONS ARMY MEDICAL CENTER, COLO13 RADO.

14 (a) FINDINGS.—The Congress finds that—

15 (1) Fitzsimons Army Medical Center in Aurora,

16 Colorado has been recommended for closure in 1995

17 under the Defense Base Closure and Realignment Act

18 of 1990;

19 (2) The University of Colorado Health Sciences

20 Center and the University of Colorado Hospital Au21 thority are in urgent need of space to maintain their

22 ability to deliver health care to meet the growing de23 mand for their services;
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1 (3) Reuse of the Fitzsimons facility at the earli2 est opportunity would provide significant benefit to

3 the cities of Aurora and Denver; and

4 (4) Reuse of the Fitzsimons facility by the local

5 community ensures that the property is fully utilized

6 by providing a benefit to the community.

7 (b) SENSE OF CONGRESS.—Therefore, it is the sense

8 of Congress that upon acceptance of the Base Closure list:

9 (1) The Federal screening process for all military

10 installations, including Fitzsimons Army Medical

11 Center should be accomplished at the earliest oppor12 tunity;

13 (2) To the extent possible, the Secretary of the

14 military departments should consider on an expedited

15 basis transferring appropriate facilities to Local Re16 development Authorities while still operational to en17 sure continuity of use to all parties concerned, in

18 particular, the Secretary of the Army should consider

19 an expedited transfer of Fitzsimons Army Medical

20 Center because of significant preparations underway

21 by the Local Redevelopment Authority;

22 (3) The Secretaries should not enter into leases

23 with Local Redevelopment Authorities until the Sec24 retary concerned has established that the lease falls

25 within the categorical exclusions established by the
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1 Military Departments pursuant to the National Envi2 ronmental Policy Act (42 U.S.C. 4321 et seq.);

3 (4) This section is in no way intended to cir4 cumvent the decisions of the 1995 BRAC or other ap5 plicable laws.

6 (c) REPORT.—180 days after the enactment of this Act

7 the Secretary of the Army shall provide a report to the ap8 propriate committees of the Congress on the Fitzsimons

9 Army Medical Center that covers:

10 (1) The results of the Federal screening process

11 for Fitzsimons and any actions that have been taken

12 to expedite the review;

13 (2) Any impediments raised during the Federal

14 screening process to the transfer or lease of Fitzsimons

15 Army Medical Center;

16 (3) Any actions taken by the Secretary of the

17 Army to lease the Fitzsimons Army Medical Center to

18 the local redevelopment authority;

19 (4) The results of any environmental reviews

20 under the National Environmental Policy Act in

21 which such a lease would fall into the categorical ex22 clusions established by the Secretary of the Army; and

23 (5) The results of the environmental baseline sur24 vey and a finding of suitability or nonsuitability.
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1 Subtitle C—Land Conveyances

2 SEC. 2831. LAND ACQUISITION OR EXCHANGE, SHAW AIR

3 FORCE BASE, SOUTH CAROLINA.

4 (a) LAND ACQUISITION.—The Secretary of the Air

5 Force may, by means of an exchange of property, accept6 ance as a gift, or other means that does not require the

7 use of appropriated funds, acquire all right, title, and inter8 est in and to a parcel of real property (together with any

9 improvements thereon) consisting of approximately 1,100

10 acres that is located adjacent to the eastern end of Shaw

11 Air Force Base, South Carolina, and extends to Stamey

12 Livestock Road in Sumter County, South Carolina.

13 (b) ACQUISITION THROUGH EXCHANGE OF LANDS.—

14 For purposes of acquiring the real property described in

15 subsection (a) by means of an exchange of lands, the Sec16 retary may convey all right, title, and interest of the United

17 States in and to a parcel of real property in the possession

18 of the Air Force if—

19 (1) the Secretary determines that the land ex20 change is in the best interests of the Air Force; and

21 (2) the fair market value of the Air Force parcel

22 to be conveyed does not exceed the fair market value

23 of the parcel to be acquired.

24 (c) REVERSION OF GIFT CONVEYANCE.—If the Sec25 retary acquires the real property described in subsection (a)
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1 by way of gift, the Secretary may accept in the deed of con2 veyance terms or conditions requiring that the land be

3 reconveyed to the donor, or the donor’s heirs, if Shaw Air

4 Force Base ceases operations and is closed.

5 (d) DETERMINATIONS OF FAIR MARKET VALUE.—The

6 Secretary shall determine the fair market value of the par7 cels of real property to be acquired pursuant to subsection

8 (a) or acquired and conveyed pursuant to subsection (b).

9 Such determinations shall be final.

10 (e) DESCRIPTIONS OF PROPERTY.—The exact acreage

11 and legal descriptions of the parcels of real property to be

12 acquired pursuant to subsection (a) or acquired and con13 veyed pursuant to subsection (b) shall be determined by sur14 veys that are satisfactory to the Secretary.

15 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the acquisition under subsection (a) or

18 the acquisition and conveyance under subsection (b) as the

19 Secretary considers appropriate to protect the interests of

20 the United States.

21 SEC. 2832. AUTHORITY FOR PORT AUTHORITY OF STATE OF

22 MISSISSIPPI TO USE CERTAIN NAVY PROP23 ERTY IN GULFPORT, MISSISSIPPI.

24 (a) JOINT USE AGREEMENT AUTHORIZED.—The Sec25 retary of the Navy may enter into an agreement with the
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1 Port Authority of the State of Mississippi (in this section

2 referred to as the ‘‘Port Authority’’), under which the Port

3 Authority may use up to 50 acres of real property and asso4 ciated facilities located at the Naval Construction Battalion

5 Center, Gulfport, Mississippi (in this section referred to as

6 the ‘‘Center’’).

7 (b) TERM OF AGREEMENT.—The agreement authorized

8 under subsection (a) may be for an initial period of not

9 more than 15 years. Under the agreement, the Secretary

10 shall provide the Port Authority with an option to extend

11 the agreement for 3 additional periods of 5 years each and

12 for such additional periods as the Secretary and the Port

13 Authority mutually agree.

14 (c) RESTRICTIONS ON USE.—The agreement author15 ized under subsection (a) shall require the Port Authority—

16 (1) to suspend operations at the Center in the

17 event that Navy contingency operations are conducted

18 at the Center; and

19 (2) to use the property covered by the agreement

20 in a manner consistent with the Navy operations at

21 the Center.

22 (d) CONSIDERATION.—(1) As consideration for the use

23 of the property covered by the agreement under subsection

24 (a), the Port Authority shall pay to the Navy an amount

25 equal to the fair market rental value of the property, as
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1 determined by the Secretary taking into consideration the

2 nature and extent of the Port Authority’s use of the prop3 erty.

4 (2) The Secretary may include a provision in the

5 agreement requiring the Port Authority—

6 (A) to pay the Navy an amount (as determined

7 by the Secretary) to cover the costs of replacing at the

8 Center any facilities vacated by the Navy on account

9 of the agreement or to construct suitable replacement

10 facilities for the Navy; and

11 (B) to pay the Navy an amount (as determined

12 by the Secretary) for the costs of relocating Navy op13 erations from the vacated facilities to the replacement

14 facilities.

15 (e) CONGRESSIONAL NOTIFICATION.—The Secretary

16 may not enter into the agreement authorized by subsection

17 (a) until the end of the 21-day period beginning on the date

18 on which the Secretary submits to Congress a report con19 taining an explanation of the terms of the proposed agree20 ment and a description of the consideration that the Sec21 retary expects to receive under the agreement.

22 (f) USE OF PAYMENT.—(1) The Secretary may use

23 amounts received under subsection (d)(1) to pay for general

24 supervision, administration, and overhead expenses and for

25 improvement, maintenance, repair, construction, or res-
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1 toration of facilities at the Center or of the roads and rail2 ways serving the Center.

3 (2) The Secretary may use amounts received under

4 subsection (d)(2) to pay for constructing new facilities, or

5 making modifications to existing facilities, that are nec6 essary to replace facilities vacated by the Navy on account

7 of the agreement under subsection (a) and for relocating op8 erations of the Navy from the vacated facilities to replace9 ment facilities.

10 (g) CONSTRUCTION BY PORT AUTHORITY.—The Sec11 retary may authorize the Port Authority to demolish exist12 ing facilities located on the property covered by the agree13 ment under subsection (a) and, consistent with the restric14 tion provided under subsection (c)(2), construct new facili15 ties on the property for the joint use of the Port Authority

16 and the Navy.

17 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions

19 in connection with the agreement authorized under sub20 section (a) as the Secretary considers appropriate to protect

21 the interests of the United States.

22 SEC. 2833. CONVEYANCE OF RESOURCE RECOVERY FACIL23 ITY, FORT DIX, NEW JERSEY.

24 (a) AUTHORITY TO CONVEY.—The Secretary of the

25 Army may convey to Burlington County, New Jersey (in
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1 this section referred to as the ‘‘County’’), without consider2 ation, all right, title, and interest of the United States in

3 and to a parcel of real property at Fort Dix, New Jersey,

4 consisting of approximately two acres and containing a re5 source recovery facility known as the Fort Dix resource re6 covery facility.

7 (b) RELATED EASEMENTS.—The Secretary may grant

8 to the County any easement that is necessary for access to

9 and operation of the resource recovery facility conveyed

10 under subsection (a).

11 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

12 Secretary may not carry out the conveyance of the resource

13 recovery facility authorized in subsection (a) unless the

14 County agrees to accept the facility in its existing condition

15 at the time of conveyance.

16 (d) CONDITIONS ON CONVEYANCE.—The conveyance of

17 the resource recovery facility authorized by subsection (a)

18 is subject to the following conditions:

19 (1) That the County provide refuse service and

20 steam service to Fort Dix, New Jersey, at the rate

21 mutually agreed upon by the Secretary and the Coun22 ty and approved by the appropriate Federal or State

23 regulatory authority.

24 (2) That the County comply with all applicable

25 environmental laws and regulations (including any
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1 permit or license requirements) relating to the re2 source recovery facility.

3 (3) That, consistent with its ownership of the re4 source recovery facility conveyed, the County assume

5 full responsibility for operation, maintenance, and re6 pair of the facility and for compliance of the facility

7 with all applicable regulatory requirements.

8 (4) That the County not commence any expan9 sion of the resource recovery facility without approval

10 of such expansion by the Secretary.

11 (e) DESCRIPTION OF THE PROPERTY.—The exact legal

12 description of the real property to be conveyed under sub13 section (a), including the resource recovery facility conveyed

14 therewith, and any easements granted under subsection (b),

15 shall be determined by a survey and by other means satis16 factory to the Secretary. The cost of any survey or other

17 services performed at the direction of the Secretary under

18 the authority in the preceding sentence shall be borne by

19 the County.

20 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions

22 in connection with the conveyance under subsection (a) and

23 the grant of any easement under subsection (b) as the Sec24 retary considers appropriate to protect the interests of the

25 United States.
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1 SEC. 2834. CONVEYANCE OF WATER AND WASTEWATER

2 TREATMENT PLANTS, FORT GORDON, GEOR3 GIA.

4 (a) AUTHORITY TO CONVEY.—The Secretary of the

5 Army may convey to the City of Augusta, Georgia (in this

6 section referred to as the ‘‘City’’), without consideration, all

7 right, title, and interest of the United States in and to two

8 parcels of real property located at Fort Gordon, Georgia,

9 consisting of approximately seven acres each. The parcels

10 are improved with a water filtration plant, a water dis11 tribution system with storage tanks, a sewage treatment

12 plant, and a sewage collection system.

13 (b) RELATED EASEMENTS.—The Secretary may grant

14 to the City any easement that is necessary for access to the

15 real property conveyed under subsection (a) and operation

16 of the conveyed facilities.

17 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

18 Secretary may not carry out the conveyance of the water

19 and wastewater treatment plants and water and

20 wastewater distribution and collection systems authorized

21 in subsection (a) unless the City agrees to accept the plants

22 and systems in their existing condition at the time of con23 veyance.

24 (d) CONDITIONS ON CONVEYANCE.—The conveyance

25 authorized by subsection (a) is subject to the following con26 ditions:
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1 (1) That the City provide water and sewer serv2 ice to Fort Gordon, Georgia, at a rate mutually

3 agreed upon by the Secretary and the City and ap4 proved by the appropriate Federal or State regulatory

5 authority.

6 (2) That the City comply with all applicable en7 vironmental laws and regulations (including any per8 mit or license requirements) relating to the water and

9 wastewater treatment plants and water and

10 wastewater distribution and collection systems con11 veyed under that subsection.

12 (3) That, consistent with its ownership of the

13 water and wastewater treatment plants and water

14 and wastewater distribution and collection systems

15 conveyed, the City assume full responsibility for oper16 ation, maintenance, and repair of the plants and

17 water and systems conveyed under that subsection

18 and for compliance of the plants and systems with all

19 applicable regulatory requirements.

20 (4) That the City not commence any expansion

21 of the water or wastewater treatment plant or water

22 or wastewater distribution or collection system con23 veyed under that subsection without approval of such

24 expansion by the Secretary.
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1 (e) DESCRIPTION OF PROPERTY.—The exact legal de2 scription of the real property to be conveyed under sub3 section (a), including the water and wastewater treatment

4 plants and water and wastewater distribution and collec5 tion systems conveyed therewith, and of any easements

6 granted under subsection (b), shall be determined by a sur7 vey and by other means satisfactory to the Secretary. The

8 cost of any survey or other services performed at the direc9 tion of the Secretary under the authority in the preceding

10 sentence shall be borne by the City.

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the conveyance under subsection (a) and

14 the grant of any easement under subsection (b) as the Sec15 retary considers appropriate to protect the interests of the

16 United States.

17 SEC. 2835. CONVEYANCE OF WATER TREATMENT PLANT,

18 FORT PICKETT, VIRGINIA.

19 (a) AUTHORITY TO CONVEY.—(1) The Secretary of the

20 Army may convey to the Town of Blackstone, Virginia (in

21 this section referred to as the ‘‘Town’’), without consider22 ation, all right, title, and interest of the United States in

23 and to the property described in paragraph (2).

24 (2) The property referred to in paragraph (1) is the

25 following property located at Fort Pickett, Virginia:
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1 (A) A parcel of real property consisting of ap2 proximately 10 acres, including a reservoir and im3 provements thereon, the site of the Fort Pickett water

4 treatment plant.

5 (B) Any equipment, fixtures, structures, or other

6 improvements (including any water transmission

7 lines, water distribution and service lines, fire hy8 drants, water pumping stations, and other improve9 ments) not located on the parcel described in subpara10 graph (A) that are jointly identified by the Secretary

11 and the Town as owned and utilized by the Federal

12 Government in order to provide water to and distrib13 ute water at Fort Pickett.

14 (b) RELATED EASEMENTS.—The Secretary may grant

15 to the Town the following easements relating to the convey16 ance of the property authorized by subsection (a):

17 (1) Such easements, if any, as the Secretary and

18 the Town jointly determine are necessary in order to

19 provide access to the water distribution system re20 ferred to in paragraph (2) of such subsection for

21 maintenance, safety, and other purposes.

22 (2) Such easements, if any, as the Secretary and

23 the Town jointly determine are necessary in order to

24 provide access to the finished water lines from the sys25 tem to the Town.
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1 (3) Such rights of way appurtenant, if any, as

2 the Secretary and the Town jointly determine are nec3 essary in order to satisfy requirements imposed by

4 any Federal, State, or municipal agency relating to

5 the maintenance of a buffer zone around the water

6 distribution system.

7 (c) WATER RIGHTS.—The Secretary shall grant to the

8 Town as part of the conveyance under subsection (a) all

9 right, title, and interest of the United States in and to any

10 water of the Nottoway River, Virginia, that is connected

11 with the reservoir referred to in paragraph (2)(A) of such

12 subsection.

13 (d) REQUIREMENTS RELATING TO CONVEYANCE.—(1)

14 The Secretary may not carry out the conveyance of the

15 water distribution system authorized under subsection (a)

16 unless the Town agrees to accept the system in its existing

17 condition at the time of the conveyance.

18 (2) The Secretary shall complete any environmental

19 removal or remediation required under the Comprehensive

20 Environmental Response, Compensation, and Liability Act

21 of 1980 (42 U.S.C. 9601 et seq.) with respect to the system

22 to be conveyed under this section before carrying out the

23 conveyance.

24 (e) CONDITIONS.—The conveyance authorized in sub25 section (a) shall be subject to the following conditions:
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1 (1) That the Town reserve for provision to Fort

2 Pickett, and provide to Fort Pickett on demand, not

3 less than 1,500,000 million gallons per day of treated

4 water from the water distribution system.

5 (2) That the Town provide water to and distrib6 ute water at Fort Pickett at a rate that is no less fa7 vorable than the rate that the Town would charge a

8 public or private entity similar to Fort Pickett for the

9 provision and distribution of water.

10 (3) That the Town maintain and operate the

11 water distribution system in compliance with all ap12 plicable Federal and State environmental laws and

13 regulations (including any permit and license re14 quirements).

15 (f) DESCRIPTION OF PROPERTY.—The exact legal de16 scription of the property to be conveyed under subsection

17 (a), of any easements granted under subsection (b), and of

18 any water rights granted under subsection (c) shall be deter19 mined by a survey and other means satisfactory to the Sec20 retary. The cost of any survey or other services performed

21 at the direction of the Secretary under the authority in the

22 preceding sentence shall be borne by the Town.

23 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyance authorized under sub-
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1 section (a), the easements granted under subsection (b), and

2 the water rights granted under subsection (c) that the Sec3 retary considers appropriate to protect the interests of the

4 United States.

5 SEC. 2836. CONVEYANCE OF ELECTRIC POWER DISTRIBU6 TION SYSTEM, FORT IRWIN, CALIFORNIA.

7 (a) AUTHORITY TO CONVEY.—(1) The Secretary of the

8 Army may convey to the Southern California Edison Com9 pany, California (in this section referred to as the ‘‘Com10 pany’’), without consideration, all right, title, and interest

11 of the United States in and to the electric power distribu12 tion system described in subsection (b).

13 (2) The Secretary may not convey any real property

14 under the authority in paragraph (1).

15 (b) COVERED SYSTEM.—The electric power distribu16 tion system referred to in subsection (a) is the electric power

17 distribution system located at Fort Irwin, California, and

18 includes the equipment, fixtures, structures, and other im19 provements (including approximately 115 miles of electrical

20 distribution lines, poles, switches, reclosers, transformers,

21 regulators, switchgears, and service lines) that the Federal

22 Government utilizes to provide electric power at Fort Irwin.

23 (c) RELATED EASEMENTS.—The Secretary may grant

24 to the Company any easement that is necessary for access
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1 to and operation of the electric power distribution system

2 conveyed under subsection (a).

3 (d) REQUIREMENT RELATING TO CONVEYANCE.—The

4 Secretary may not carry out the conveyance of the electric

5 power distribution system authorized in subsection (a) un6 less the Company agrees to accept that system in its existing

7 condition at the time of the conveyance.

8 (e) CONDITIONS ON CONVEYANCE.—The conveyance

9 authorized by subsection (a) is subject to the following con10 ditions:

11 (1) That the Company provide electric power to

12 Fort Irwin, California, at a rate mutually agreed

13 upon by the Secretary and the Company and ap14 proved by the appropriate Federal or State regulatory

15 authority.

16 (2) That the Company comply with all applica17 ble environmental laws and regulations (including

18 any permit or license requirements) relating to the

19 electric power distribution system.

20 (3) That, consistent with its ownership of the

21 electric power distribution system conveyed, the Com22 pany assume full responsibility for operation, mainte23 nance, and repair of the system and for compliance

24 of the system with all applicable regulatory require25 ments.
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1 (4) That the Company not commence any expan2 sion of the electric power distribution system without

3 approval of such expansion by the Secretary.

4 (f) DESCRIPTION OF PROPERTY.—The exact legal de5 scription of the electric power distribution system to be con6 veyed pursuant to subsection (a), including any easement

7 granted under subsection (b), shall be determined by a sur8 vey and by other means satisfactory to the Secretary. The

9 cost of any survey or other services performed at the direc10 tion of the Secretary pursuant to the authority in the pre11 ceding sentence shall be borne by the Company.

12 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a) and

15 the grant of any easement under subsection (b) as the Sec16 retary considers appropriate to protect the interests of the

17 United States.

18 SEC. 2837. LAND EXCHANGE, FORT LEWIS, WASHINGTON.

19 (a) IN GENERAL.—(1) The Secretary of the Army may

20 convey to the Weyerhaeuser Real Estate Company, Wash21 ington (in this section referred to as the ‘‘Company’’), all

22 right, title, and interest of the United States in and to the

23 parcels of real property described in paragraph (2).
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1 (2) The authority in paragraph (1) applies to the fol2 lowing parcels of real property located on the Fort Lewis

3 Military Reservation, Washington:

4 (A) An unimproved portion of Tract 1000 (for5 merly being in the DuPont-Steilacoom Road), consist6 ing of approximately 1.23 acres.

7 (B) Tract 26E, consisting of approximately 0.03

8 acres.

9 (b) CONSIDERATION.—As consideration for the convey10 ance authorized by subsection (a), the Company shall—

11 (1) convey (or acquire and then convey) to the

12 United States all right, title, and interest in and to

13 a parcel of real property consisting of approximately

14 0.39 acres, together with improvements thereon, lo15 cated within the boundaries of Fort Lewis Military

16 Reservation;

17 (2) construct an access road from Pendleton

18 Street to the DuPont Recreation Area and a walkway

19 path through DuPont Recreation Area;

20 (3) construct as improvements to the recreation

21 area a parking lot, storm drains, perimeter fencing,

22 restroom facilities, and initial grading of the DuPont

23 baseball fields; and

24 (4) provide such other consideration as may be

25 necessary (as determined by the Secretary) to ensure
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1 that the fair market value of the consideration pro2 vided by the Company under this subsection is not

3 less than the fair market value of the parcels of real

4 property conveyed under subsection (a).

5 (c) DETERMINATIONS OF FAIR MARKET VALUE.—The

6 determinations of the Secretary regarding the fair market

7 value of the real property to be conveyed pursuant to sub8 sections (a) and (b), and of any other consideration pro9 vided by the Company under subsection (b), shall be final.

10 (d) TREATMENT OF OTHER INTERESTS IN PARCELS

11 TO BE CONVEYED.—The Secretary may enter into an

12 agreement with the appropriate officials of Pierce County,

13 Washington, which provides for—

14 (1) Pierce County to release the existing rever15 sionary interest of Pierce County in the parcels of

16 real property to be conveyed by the United States

17 under subsection (a); and

18 (2) the United States, in exchange for the release,

19 to convey or grant to Pierce County an interest in the

20 parcel of real property conveyed to the United States

21 under subsection (b)(1) that is similar in effect (as to

22 that parcel) to the reversionary interest released by

23 Pierce County under paragraph (1).

24 (e) DESCRIPTION OF PROPERTY.—The exact acreages

25 and legal descriptions of the parcels of real property to be
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1 conveyed under subsections (a) and (b) shall be determined

2 by surveys satisfactory to the Secretary. The cost of such

3 surveys shall be borne by the Company.

4 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require any additional terms and conditions

6 in connection with the conveyances under this section that

7 the Secretary considers appropriate to protect the interest

8 of the United States.

9 SEC. 2838. LAND CONVEYANCE, NAVAL SURFACE WARFARE

10 CENTER, MEMPHIS, TENNESSEE.

11 (a) AUTHORITY TO CONVEY.—The Secretary of the

12 Navy may convey to the Memphis and Shelby County Port

13 Commission, Memphis, Tennessee (in this section referred

14 to as the ‘‘Port’’), all right, title, and interest of the United

15 States in and to a parcel of real property (including any

16 improvements thereon) consisting of approximately 26 acres

17 that is located at the Carderock Division, Naval Surface

18 Warfare Center, Memphis Detachment, Presidents Island,

19 Memphis, Tennessee.

20 (b) CONSIDERATION.—As consideration for the convey21 ance of real property under subsection (a), the Port shall—

22 (1) grant to the United States a restrictive ease23 ment in and to a parcel of real property consisting

24 of approximately 100 acres that is adjacent to the
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1 Memphis Detachment, Presidents Island, Memphis,

2 Tennessee; and

3 (2) if the fair market value of the easement

4 granted under paragraph (1) exceeds the fair market

5 value of the real property conveyed under subsection

6 (a), provide the United States such additional consid7 eration as the Secretary and the Port jointly deter8 mine appropriate so that the value of the consider9 ation received by the United States under this sub10 section is equal to or greater than the fair market

11 value of the real property conveyed under subsection

12 (a).

13 (c) CONDITION OF CONVEYANCE.—The conveyance au14 thorized by subsection (a) shall be carried out in accordance

15 with the provisions of the Land Exchange Agreement be16 tween the United States of America and the Memphis and

17 Shelby County Port Commission, Memphis, Tennessee.

18 (d) DETERMINATION OF FAIR MARKET VALUE.—The

19 Secretary shall determine the fair market value of the real

20 property to be conveyed under subsection (a) and of the

21 easement to be granted under subsection (b)(1). Such deter22 minations shall be final.

23 (e) USE OF PROCEEDS.—The Secretary shall deposit

24 any proceeds received under subsection (b)(2) as consider25 ation for the conveyance of real property authorized under
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1 subsection (a) in the special account established pursuant

2 to section 204(h) of the Federal Property and Administra3 tive Services Act of 1949 (40 U.S.C. 485(h)).

4 (f) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the real property to be conveyed

6 under subsection (a) and the easement to be granted under

7 subsection (b)(1) shall be determined by surveys satisfactory

8 to the Secretary. The cost of the surveys shall be borne by

9 the Port.

10 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance authorized by subsection

13 (a) and the easement granted under subsection (b)(1) as the

14 Secretary considers appropriate to protect the interests of

15 the United States.

16 SEC. 2839. LAND CONVEYANCE, RADAR BOMB SCORING

17 SITE, FORSYTH, MONTANA.

18 (a) AUTHORITY TO CONVEY.—The Secretary of the Air

19 Force may convey, without consideration, to the City of

20 Forsyth, Montana (in this section referred to as the ‘‘City’’),

21 all right, title, and interest of the United States in and to

22 the parcel of property (including any improvements there23 on) consisting of approximately 58 acres located in Forsyth,

24 Montana, which has served as a support complex and rec-
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1 reational facilities for the Radar Bomb Scoring Site,

2 Forsyth, Montana.

3 (b) CONDITION OF CONVEYANCE.—The conveyance

4 under subsection (a) shall be subject to the condition that

5 the City—

6 (1) utilize the property and recreational facili7 ties conveyed under that subsection for housing and

8 recreation purposes; or

9 (2) enter into an agreement with an appropriate

10 public or private entity to lease such property and fa11 cilities to that entity for such purposes.

12 (c) REVERSION.—If the Secretary determines at any

13 time that the property conveyed under subsection (a) is not

14 being utilized in accordance with paragraph (1) or para15 graph (2) of subsection (b), all right, title, and interest in

16 and to the conveyed property, including any improvements

17 thereon, shall revert to the United States and the United

18 States shall have the right of immediate entry onto the

19 property.

20 (d) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the property conveyed under this

22 section shall be determined by a survey satisfactory to the

23 Secretary. The cost of such survey shall be borne by the City.

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
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1 in connection with the conveyance under this section as the

2 Secretary determines appropriate to protect the interests of

3 the United States.

4 SEC. 2840. LAND CONVEYANCE, RADAR BOMB SCORING

5 SITE, POWELL, WYOMING.

6 (a) AUTHORITY TO CONVEY.—The Secretary of the Air

7 Force may convey, without consideration, to the Northwest

8 College Board of Trustees (in this section referred to as the

9 ‘‘Board’’), all right, title, and interest of the United States

10 in and to a parcel of real property (including any improve11 ments thereon) consisting of approximately 24 acres located

12 in Powell, Wyoming, which has served as the location of

13 a support complex, recreational facilities, and housing fa14 cilities for the Radar Bomb Scoring Site, Powell, Wyoming.

15 (b) CONDITION OF CONVEYANCE.—The conveyance au16 thorized under subsection (a) shall be subject to the condi17 tion that the Board use the property conveyed under that

18 subsection for housing and recreation purposes and for such

19 other purposes as the Secretary and the Board jointly deter20 mine appropriate.

21 (c) REVERSIONARY INTEREST.—During the 5-year pe22 riod beginning on the date that the Secretary makes the

23 conveyance authorized under subsection (a), if the Secretary

24 determines that the conveyed property is not being used in

25 accordance with subsection (b), all right, title, and interest
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1 in and to the conveyed property, including any improve2 ments thereon, shall revert to the United States and the

3 United States shall have the right of immediate entry onto

4 the property.

5 (d) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the property conveyed under this

7 section shall be determined by a survey satisfactory to the

8 Secretary. The cost of the survey shall be borne by the

9 Board.

10 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance under this section as the

13 Secretary considers appropriate to protect the interests of

14 the United States.

15 SEC. 2841. REPORT ON DISPOSAL OF PROPERTY, FORT ORD

16 MILITARY COMPLEX, CALIFORNIA.

17 Not later than 60 days after the date of the enactment

18 of this Act, the Secretary of Defense shall submit to Congress

19 a report describing the plans of the Secretary for the dis20 posal of a parcel of real property consisting of approxi21 mately 477 acres at the former Fort Ord Military Complex,

22 California, including the Black Horse Golf Course, the Bay23 onet Golf Course, and a portion of the Hayes Housing Fa24 cility.
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1 SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORT

2 SHERIDAN, ILLINOIS.

3 (a) AUTHORITY TO CONVEY.—Subject to subsections

4 (b) and (l), the Secretary of the Navy may convey to any

5 transferee selected under subsection (i) all right, title, and

6 interest of the United States in and to a parcel of real prop7 erty (including any improvements thereon) at Fort Sheri8 dan, Illinois, consisting of approximately 182 acres and

9 comprising the Navy housing areas at Fort Sheridan.

10 (b) REQUIREMENT FOR FEDERAL SCREENING OF

11 PROPERTY.—The Secretary may not carry out the convey12 ance of property authorized by subsection (a) unless the Sec13 retary determines that no department or agency of the Fed14 eral Government will accept the transfer of the property.

15 (c) CONSIDERATION.—(1) As consideration for the con16 veyance under subsection (a), the transferee selected under

17 subsection (i) shall—

18 (A) convey to the United States a parcel of real

19 property that meets the requirements of subsection

20 (d);

21 (B) design for and construct on the property

22 conveyed under subparagraph (A) such housing facili23 ties (including support facilities and infrastructure)

24 to replace the housing facilities conveyed pursuant to

25 the authority in subsection (a) as the Secretary con26 siders appropriate;
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1 (C) pay the cost of relocating Navy personnel re2 siding in the housing facilities located on the real

3 property conveyed pursuant to the authority in sub4 section (a) to the housing facilities constructed under

5 subparagraph (B);

6 (D) provide for the education of dependents of

7 such personnel under subsection (e); and

8 (E) carry out such activities for the maintenance

9 and improvement of the facilities constructed under

10 subparagraph (B) as the Secretary and the transferee

11 jointly determine appropriate.

12 (2) The Secretary shall ensure that the fair market

13 value of the consideration provided by the transferee under

14 paragraph (1) is not less than the fair market value of the

15 property interest conveyed by the Secretary under sub16 section (a).

17 (d) REQUIREMENTS RELATING TO PROPERTY TO BE

18 CONVEYED TO UNITED STATES.—The property interest

19 conveyed to the United States under subsection (c)(1)(A)

20 by the transferee selected under subsection (i) shall—

21 (1) be located not more than 25 miles from the

22 Great Lakes Naval Training Center, Illinois;

23 (2) be located in a neighborhood or area having

24 social and economic conditions similar to the social
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1 and economic conditions of the area in which Fort

2 Sheridan is located; and

3 (3) be acceptable to the Secretary.

4 (e) EDUCATION OF DEPENDENTS OF NAVY PERSON5 NEL.—In providing for the education of dependents of Navy

6 personnel under subsection (c)(1)(D), the transferee selected

7 under subsection (i) shall ensure that such dependents may

8 enroll at the schools of one or more school districts in the

9 vicinity of the real property conveyed to the United States

10 under subsection (c)(1)(A) which schools and districts—

11 (1) meet such standards for schools and schools

12 districts as the Secretary shall establish; and

13 (2) will continue to meet such standards after

14 the enrollment of such dependents regardless of the re15 ceipt by such school districts of Federal impact aid.

16 (f) INTERIM RELOCATION OF NAVY PERSONNEL.—

17 Pending completion of the construction of all the housing

18 facilities proposed to be constructed under subsection

19 (c)(1)(B) by the transferee selected under subsection (i), the

20 Secretary may relocate Navy personnel residing in housing

21 facilities located on the property to be conveyed pursuant

22 to the authority in subsection (a) to the housing facilities

23 that have been constructed by the transferee under such sub24 section (c)(1)(B).
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1 (g) APPLICABILITY OF CERTAIN AGREEMENTS.—The

2 property conveyed by the Secretary pursuant to the author3 ity in subsection (a) shall be subject to the Memorandum

4 of Understanding concerning the Transfer of Certain Prop5 erties at Fort Sheridan, Illinois, dated August 8, 1991, be6 tween the Department of the Army and the Department of

7 the Navy.

8 (h) DETERMINATION OF FAIR MARKET VALUE.—The

9 Secretary shall determine the fair market value of the real

10 property interest to be conveyed under subsection (a) and

11 of the consideration to be provided under subsection (c)(1).

12 Such determination shall be final.

13 (i) SELECTION OF TRANSFEREE.—(1) The Secretary

14 shall use competitive procedures for the selection of a trans15 feree under subsection (a).

16 (2) In evaluating the offers of prospective transferees,

17 the Secretary shall—

18 (A) consider the technical sufficiency of the offers

19 and the adequacy of the offers in meeting the require20 ments for consideration set forth in subsection (c)(1);

21 and

22 (B) consult with the communities and jurisdic23 tions in the vicinity of Fort Sheridan (including the

24 City of Lake Forest, the City of Highwood, and the

25 City of Highland Park and the County of Lake) in
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1 order to determine the most appropriate use of the

2 property to be conveyed.

3 (j) DESCRIPTIONS OF PROPERTY.—The exact acreage

4 and legal descriptions of the real property to be conveyed

5 by the Secretary under subsection (a) and the real property

6 to be conveyed under subsection (c)(1)(A) shall be deter7 mined by surveys satisfactory to the Secretary. The cost of

8 such surveys shall be borne by the transferee selected under

9 subsection (i).

10 (k) 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. 2843. LAND CONVEYANCE, ARMY RESERVE PROPERTY,

16 FORT SHERIDAN, ILLINOIS.

17 (a) AUTHORITY TO CONVEY.—Subject to subsection

18 (b), the Secretary of the Army may convey to any transferee

19 selected under subsection (g) all right, title, and interest of

20 the United States in and to a parcel of real property (in21 cluding improvements thereon) at Fort Sheridan, Illinois,

22 consisting of approximately 114 acres and comprising an

23 Army Reserve area.

24 (b) REQUIREMENT FOR FEDERAL SCREENING OF

25 PROPERTY.—The Secretary may not carry out the convey-
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1 ance of property authorized by subsection (a) unless the Sec2 retary determines that no department or agency of the Fed3 eral Government will accept the transfer of the property.

4 (c) CONSIDERATION.—(1) As consideration for the con5 veyance under subsection (a), the transferee selected under

6 subsection (g) shall—

7 (A) convey to the United States a parcel of real

8 property that meets the requirements of subsection

9 (d);

10 (B) design for and construct on the property

11 conveyed under subparagraph (A) such facilities (in12 cluding support facilities and infrastructure) to re13 place the facilities conveyed pursuant to the authority

14 in subsection (a) as the Secretary considers appro15 priate; and

16 (C) pay the cost of relocating Army personnel in

17 the facilities located on the real property conveyed

18 pursuant to the authority in subsection (a) to the fa19 cilities constructed under subparagraph (B).

20 (2) The Secretary shall ensure that the fair market

21 value of the consideration provided by the transferee under

22 paragraph (1) is not less than the fair market value of the

23 real property conveyed by the Secretary under subsection

24 (a).
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1 (d) REQUIREMENTS RELATING TO PROPERTY TO BE

2 CONVEYED TO UNITED STATES.—The real property con3 veyed to the United States under subsection (c)(1)(A) by

4 the transferee selected under subsection (g) shall—

5 (1) be located not more than 25 miles from Fort

6 Sheridan;

7 (2) be located in a neighborhood or area having

8 social and economic conditions similar to the social

9 and economic conditions of the area in which Fort

10 Sheridan is located; and

11 (3) be acceptable to the Secretary.

12 (e) INTERIM RELOCATION OF ARMY PERSONNEL.—

13 Pending completion of the construction of all the facilities

14 proposed to be constructed under subsection (c)(1)(B) by the

15 transferee selected under subsection (g), the Secretary may

16 relocate Army personnel in the facilities located on the

17 property to be conveyed pursuant to the authority in sub18 section (a) to the facilities that have been constructed by

19 the transferee under such subsection (c)(1)(B).

20 (f) DETERMINATION OF FAIR MARKET VALUE.—The

21 Secretary shall determine the fair market value of the real

22 property to be conveyed under subsection (a) and of the con23 sideration to be provided under subsection (c)(1). Such de24 termination shall be final.
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1 (g) SELECTION OF TRANSFEREE.—(1) The Secretary

2 shall use competitive procedures for the selection of a trans3 feree under subsection (a).

4 (2) In evaluating the offers of prospective transferees,

5 the Secretary shall—

6 (A) consider the technical sufficiency of the offers

7 and the adequacy of the offers in meeting the require8 ments for consideration set forth in subsection (c)(1);

9 and

10 (B) consult with the communities and jurisdic11 tions in the vicinity of Fort Sheridan (including the

12 City of Lake Forest, the City of Highwood, and the

13 City of Highland Park and the County of Lake) in

14 order to determine the most appropriate use of the

15 property to be conveyed.

16 (h) DESCRIPTIONS OF PROPERTY.—The exact acreage

17 and legal descriptions of the real property to be conveyed

18 by the Secretary under subsection (a) and the real property

19 to be conveyed under subsection (c)(1)(A) shall be deter20 mined by surveys satisfactory to the Secretary. The cost of

21 such surveys shall be borne by the transferee selected under

22 subsection (g).

23 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyances under this section as
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1 the Secretary considers appropriate to protect the interests

2 of the United States.

3 SEC. 2844. LAND CONVEYANCE, NAVAL COMMUNICATIONS

4 STATION, STOCKTON, CALIFORNIA.

5 (a) AUTHORITY TO CONVEY.—The Secretrary of the

6 Navy may, upon the concurrence of the Administrator of

7 General Services and the Secretary of Housing and Urban

8 Development, convey to the Port of Stockton (in this section

9 referred to as the ‘‘Port’’), all right, title, and interest of

10 the United States in and to a parcel of real property, in11 cluding any improvements thereon, consisting of approxi12 mately 1,450 acres at the Naval Communication Station,

13 Stockton, California.

14 (b) INTERIM LEASE.—Until such time as the real

15 property described in subsection (a) is conveyed by deed,

16 the Secretary may lease the property, along with improve17 ments thereon, to the Port under terms and conditions satis18 factory to the Secretary.

19 (c) CONSIDERATION.—The conveyance may be as a

20 public benefit conveyance for port development as defined

21 in section 203 of the Federal Property and Administrative

22 Services Act of 1949 (40 U.S.C. 484), as amended, provided

23 the Port satisfies the criteria in section 203 and such regu24 lations as the Administrator of General Services may pre25 scribe to implement that section. Should the Port fail to
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1 qualify for a public benefit conveyance and still desire to

2 acquire the property, then the Port shall, as consideration

3 for the conveyance, pay to the United States an amount

4 equal to the fair market value of the property to be con5 veyed, as determined by the Secretary.

6 (d) FEDERAL LEASE OF CONVEYED PROPERTY.—Not7 withstanding any other provision of law, as a condition for

8 transfer of this property under subparagraph (a), the Sec9 retary may require that the Port agree to lease all or a

10 part of the property currently under Federal use at the time

11 of conveyance to the United States for use by the Depart12 ment of Defense or any other Federal agency under the same

13 terms and conditions now presently in force. Such terms

14 and conditions will continue to include payment (to the

15 Port) for maintenance of facilities leased to the Federal

16 Government. Such maintenance of the Federal premises

17 shall be to the reasonable satisfaction of the United States,

18 or as required by all applicable Federal, State and local

19 laws and ordinances.

20 (e) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the property to be conveyed under

22 subsection (a) shall be determined by a survey satisfactory

23 to the Secretary. The cost of such survey shall be borne by

24 Port
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1 (f) ADDITIONAL TERMS.—The Secretary may require

2 such additional terms and conditions in connection with

3 the conveyance under subsection (a) or the lease under sub4 section (b) as the Secretary considers appropriate to protect

5 the interests of the United States.

6 (g) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

7 contract for sale, deed, or other transfer of real property

8 under this section shall be carried out in compliance with

9 section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and

10 other environmental laws.

11 SEC. 2845. LAND CONVEYANCE, WILLIAM LANGER JEWEL

12 BEARING PLANT, ROLLA, NORTH DAKOTA.

13 (a) AUTHORITY TO CONVEY.—The Administrator of

14 General Services may convey, without consideration, to the

15 Job Development Authority of the City of Rolla, North Da16 kota (in this section referred to as the ‘‘Authority’’), all

17 right, title, and interest of the United States in and to a

18 parcel of real property, with improvements thereon and all

19 associated personal property, consisting of approximately

20 9.77 acres and comprising the William Langer Jewel Bear21 ing Plant in Rolla, North Dakota.

22 (b) CONDITION OF CONVEYANCE.—The conveyance au23 thorized under subsection (a) shall be subject to the condi24 tion that the Authority—
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1 (1) use the real and personal property and im2 provements conveyed under that subsection for eco3 nomic development relating to the jewel bearing

4 plant;

5 (2) enter into an agreement with an appropriate

6 public or private entity or person to lease such prop7 erty and improvements to that entity or person for

8 such economic development; or

9 (3) enter into an agreement with an appropriate

10 public or private entity or person to sell such prop11 erty and improvements to that entity or person for

12 such economic development.

13 (c) PREFERENCE FOR DOMESTIC DISPOSAL OF JEWEL

14 BEARINGS.—(1) In offering to enter into agreements pursu15 ant to any provision of law for the disposal of jewel bear16 ings from the National Defense Stockpile, the President

17 shall give a right of first refusal on all such offers to the

18 Authority or to the appropriate public or private entity or

19 person with which the Authority enters into an agreement

20 under subsection (b).

21 (2) For the purposes of this section, the term ‘‘National

22 Defense Stockpile’’ means the stockpile provided for in sec23 tion 4 of the Strategic and Critical Materials Stock Piling

24 Act (50 U.S.C. 98(c)).
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1 (d) AVAILABILITY OF FUNDS FOR MAINTENANCE AND

2 CONVEYANCE OF PLANT.—Notwithstanding any other pro3 vision of law, funds available in fiscal year 1995 for the

4 maintenance of the William Langer Jewel Bearing Plant

5 in Public Law 103–335 shall be available for the mainte6 nance of that plant in fiscal year 1996, pending convey7 ance, and for the conveyance of that plant under this sec8 tion.

9 (e) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the property conveyed under this

11 section shall be determined by a survey satisfactory to the

12 Administrator. The cost of such survey shall be borne by

13 the Administrator.

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Ad15 ministrator may require such additional terms and condi16 tions in connection with the conveyance under this section

17 as the Administrator determines appropriate to protect the

18 interests of the United States.

19 SEC. 2846. LAND EXCHANGE, UNITED STATES ARMY RE20 SERVE CENTER, GAINESVILLE, GEORGIA.

21 (a) IN GENERAL.—The Secretary of the Army may

22 convey to the City of Gainesville, Georgia (in this section

23 referred to as the ‘‘City’’), all right, title, and interest of

24 the United States in and to a parcel of real property (to25 gether with any improvements thereon) consisting of ap-
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1 proximately 4.2 acres located on Shallowford Road, in the

2 City of Gainesville, Georgia.

3 (b) CONSIDERATION.—As consideration for the convey4 ance authorized by subsection (a), the city shall—

5 (1) convey to the United States all right, title,

6 and interest in and to a parcel of real property con7 sisting of approximately 8 acres of land, acceptable to

8 the Secretary, in the Atlas Industrial Park, Gaines9 ville, Georgia;

10 (2) design and construct on such real property

11 suitable replacement facilities in accordance with the

12 requirements of the Secretary, for the training activi13 ties of the United States Army Reserve;

14 (3) fund and perform any environmental and

15 cultural resource studies, analysis, documentation

16 that may be required in connection with the land ex17 change and construction considered by this section;

18 (4) reimburse the Secretary for the costs of relo19 cating the United States Army Reserve units from the

20 real property to be conveyed under subsection (a) to

21 the replacement facilities to be constructed by the City

22 under subsection (b)(2). The Secretary shall deposit

23 such funds in the same account used to pay for the

24 relocation;
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1 (5) pay to the United States an amount as may

2 be necessary to ensure that the fair market value of

3 the consideration provided by the City under this sub4 section is not less than fair market value of the parcel

5 of real property conveyed under subsection (a); and

6 (6) assume all environmental liability under the

7 Comprehensive Environmental Response, Compensa8 tion, and Liability Act (42 U.S.C. 9620(h)) for the

9 real property to be conveyed under subsection (b)(1).

10 (c) DETERMINATION OF FAIR MARKET VALUE.—The

11 determination of the Secretary regarding the fair market

12 value of the real property to be conveyed pursuant to sub13 section (a), and of any other consideration provided by the

14 City under subsection (b), shall be final.

15 (d) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the parcels of real property to be

17 conveyed under subsections (a) and (b) shall be determined

18 by surveys satisfactory to the Secretary. The cost of such

19 surveys shall be borne by the City.

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require any additional terms and conditions

22 in connection with the conveyances under this section that

23 the Secretary considers appropriate to protect the interest

24 of the United States.
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1 Subtitle D—Transfer of Jurisdic2 tion and Establishment of

3 Midewin National Tallgrass

4 Prairie

5 SEC. 2851. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Illinois Land Con7 servation Act of 1995’’.

8 SEC. 2852. DEFINITIONS.

9 As used in this subtitle:

10 (1) The term ‘‘Administrator’’ means the Admin11 istrator of the Environmental Protection Agency.

12 (2) The term ‘‘agricultural purposes’’ means,

13 with respect to land, the use of land for row crops,

14 pasture, hay, or grazing.

15 (3) The term ‘‘Arsenal’’ means the Joliet Army

16 Ammunition Plant located in the State of Illinois.

17 (4) The term ‘‘Arsenal Land Use Concept’’ refers

18 to the proposals that were developed and unanimously

19 approved on April 8, 1994, by the Joliet Arsenal Citi20 zen Planning Commission.

21 (5) The term ‘‘CERCLA’’ means the Comprehen22 sive Environmental Response, Compensation, and Li23 ability Act of 1980 (42 U.S.C. 9601 et seq.).

24 (6) The term ‘‘Defense Environmental Restora25 tion Program’’ means the Defense Environmental
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1 Restoration Program established under section 2701

2 of title 10, United States Code.

3 (7) The term ‘‘environmental law’’ means all ap4 plicable Federal, State, and local laws, regulations,

5 and requirements related to the protection of human

6 health, natural and cultural resources, or the environ7 ment, including—

8 (A) CERCLA;

9 (B) the Solid Waste Disposal Act (42

10 U.S.C. 6901 et seq.);

11 (C) the Federal Water Pollution Control Act

12 (commonly known as the ‘‘Clean Water Act’’; 33

13 U.S.C. 1251 et seq.);

14 (D) the Clean Air Act (42 U.S.C. 7401 et

15 seq.);

16 (E) the Federal Insecticide, Fungicide, and

17 Rodenticide Act (7 U.S.C. 136 et seq.);

18 (F) the Toxic Substances Control Act (15

19 U.S.C. 2601 et seq.); and

20 (G) title XIV of the Public Health Service

21 Act (commonly known as the ‘‘Safe Drinking

22 Water Act’’) (42 U.S.C. 300f et seq.).

23 (8) The term ‘‘hazardous substance’’ has the

24 meaning given the term in section 101(14) of

25 CERCLA (42 U.S.C. 9601(14)).
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1 (9) The term ‘‘MNP’’ means the Midewin Na2 tional Tallgrass Prairie established under section

3 2853 and managed as part of the National Forest

4 System.

5 (10) The term ‘‘national cemetery’’ means a cem6 etery that is part of the National Cemetery System

7 under chapter 24 of title 38, United States Code.

8 (11) The term ‘‘person’’ has the meaning given

9 the term in section 101(21) of CERCLA (42 U.S.C.

10 9601(21)).

11 (12) The term ‘‘pollutant or contaminant’’ has

12 the meaning given the term in section 101(33) of

13 CERCLA (42 U.S.C. 9601(33)).

14 (13) The term ‘‘release’’ has the meaning given

15 the term in section 101(22) of CERCLA (42 U.S.C.

16 9601(22)).

17 (14) The term ‘‘response’’ has the meaning given

18 the term in section 101(25) of CERCLA (42 U.S.C.

19 9601(25)).

20 (15) The term ‘‘Secretary’’ means the Secretary

21 of Agriculture.

22 SEC. 2853. ESTABLISHMENT OF MIDEWIN NATIONAL

23 TALLGRASS PRAIRIE.

24 (a) ESTABLISHMENT.—On the date of the initial

25 transfer of jurisdiction of portions of the Arsenal to the Sec-
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1 retary under section 2854(a)(1), the Secretary shall estab2 lish the MNP described in subsection (b).

3 (b) DESCRIPTION.—The MNP shall consist of all por4 tions of the Arsenal transferred to the Secretary under this

5 subtitle.

6 (c) ADMINISTRATION.—The Secretary shall manage the

7 MNP as a part of the National Forest System in accordance

8 with this subtitle and the laws, rules, and regulations per9 taining to the National Forests, except that the Bankhead10 Jones Farm Tenant Act (7 U.S.C. 1000 et seq.) shall not

11 apply to the MNP.

12 (d) LAND ACQUISITION FUNDS.—Notwithstanding sec13 tion 7 of the Land and Water Conservation Fund Act of

14 1965 (16 U.S.C. 460l–9), money appropriated from the

15 land and water conservation fund established under section

16 2 of that Act (16 U.S.C. 460l–5) may be used for acquisition

17 of lands and interests in land for inclusion in the MNP.

18 (e) LAND AND RESOURCE MANAGEMENT PLAN.—The

19 Secretary shall develop a land and resource management

20 plan for the MNP, after consulting with the Illinois Depart21 ment of Conservation and local governments adjacent to the

22 MNP and providing an opportunity for public comment.

23 (f) PRE-PLAN MANAGEMENT.—In order to expedite the

24 administration and public use of the MNP, the Secretary

25 may, prior to the development of a land and resource man-
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1 agement plan for the MNP under subsection (e), manage

2 the MNP for the purposes described in subsection (g).

3 (g) PURPOSES OF MNP.—In establishing the MNP, the

4 Secretary shall—

5 (1) conserve and enhance populations and habi6 tats of fish, wildlife, and plants, including popu7 lations of grassland birds, raptors, passerines, and

8 marsh and water birds;

9 (2) restore and enhance, where practicable, habi10 tats for species listed as threatened or endangered, or

11 proposed to be listed, under section 4 of the Endan12 gered Species Act of 1973 (16 U.S.C. 1533);

13 (3) provide fish- and wildlife-oriented public uses

14 at levels compatible with the conservation, enhance15 ment, and restoration of native wildlife and plants

16 and the habitats of native wildlife and plants;

17 (4) provide opportunities for scientific research;

18 (5) provide opportunities for environmental and

19 land use education;

20 (6) manage the land and water resources of the

21 MNP in a manner that will conserve and enhance the

22 natural diversity of native fish, wildlife, and plants;

23 (7) conserve and enhance the quality of aquatic

24 habitat; and
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1 (8) provide for public recreation insofar as the

2 recreation is compatible with paragraphs (1) through

3 (7).

4 (h) PROHIBITION AGAINST THE CONSTRUCTION OF

5 NEW THROUGH ROADS.—(1) Subject to paragraph (2), no

6 new construction of a highway, public road, or part of the

7 interstate system, whether Federal, State, or local, shall be

8 permitted through or across any portion of the MNP.

9 (2) This subsection does not preclude—

10 (A) construction and maintenance of roads for

11 use within the MNP;

12 (B) the granting of authorizations for utility

13 rights-of-way under applicable Federal, State, or local

14 law;

15 (C) necessary access by the Secretary of the

16 Army for purposes of restoration and cleanup as pro17 vided in this subtitle;

18 (D) such other access as is necessary.

19 (i) AGRICULTURAL LEASES AND SPECIAL USE AU20 THORIZATIONS.—(1) If, at the time of transfer of jurisdic21 tion under section 2854(a), there exists a lease issued by

22 the Secretary of the Army, Secretary of Defense, or an em23 ployee of the Secretary of the Army or the Secretary of De24 fense, for agricultural purposes on the land transferred, the

25 Secretary, on the transfer of jurisdiction, shall issue a spe-
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1 cial use authorization. Subject to paragraph (3), the terms

2 of the special use authorization shall be identical in sub3 stance to the lease, including terms prescribing the expira4 tion date and any payments owed to the United States. On

5 issuance of the special use authorization, the lease shall be6 come void.

7 (2) The Secretary may issue a special use authoriza8 tion to a person for use of the MNP for agricultural pur9 poses. The special use authorization shall require payment

10 of a rental fee, in advance, that is based on the fair market

11 value of the use allowed. Fair market value shall be deter12 mined by appraisal or a competitive bidding process. Sub13 ject to paragraph (3), the special use authorization shall

14 include such terms and conditions as the Secretary consid15 ers appropriate.

16 (3) No special use authorization shall be issued under

17 this subsection that has a term extending beyond the date

18 that is 20 years after the date of enactment of this Act,

19 unless the special use authorization is issued primarily for

20 purposes related to—

21 (A) erosion control;

22 (B) provision for food and habitat for fish and

23 wildlife; or

24 (C) resource management activities consistent

25 with the purposes of the MNP.
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1 (j) TREATMENT OF RENTAL FEES.—Funds received

2 under a special use authorization issued under subsection

3 (i) shall be subject to distribution to the State of Illinois

4 and affected counties in accordance with the Act of May

5 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) and

6 section 13 of the Act of March 1, 1911 (36 Stat. 963, chapter

7 186; 16 U.S.C. 500). All funds not distributed under such

8 Acts shall be credited to an MNP Rental Fee Account, to

9 be maintained by the Secretary of the Treasury. Amounts

10 in the Account shall remain available until expended, with11 out fiscal year limitation. The Secretary may use funds in

12 the Account to carry out prairie-improvement work. Any

13 funds in the account that the Secretary determines to be

14 in excess of the cost of doing prairie-improvement work

15 shall be transferred, on the determination, to miscellaneous

16 receipts, Forest Service Fund, as a National Forest receipt

17 for the fiscal year in which the transfer is made.

18 (k) USER FEES.—The Secretary may charge reason19 able fees for the admission, occupancy, and use of the MNP

20 and may prescribe a fee schedule providing for a reduction

21 or a waiver of fees for a person engaged in an activity au22 thorized by the Secretary, including volunteer services, re23 search, or education. The Secretary shall permit admission,

24 occupancy, and use of the MNP at no charge for a person
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1 possessing a valid Golden Eagle Passport or Golden Age

2 Passport.

3 (l) SALVAGE OF IMPROVEMENTS.—The Secretary may

4 sell for salvage value any facility or improvement that is

5 transferred to the Secretary under this subtitle.

6 (m) TREATMENT OF USER FEES AND SALVAGE RE7 CEIPTS.—Funds collected under subsections (k) and (l) shall

8 be credited to a Midewin National Tallgrass Prairie Res9 toration Fund, to be maintained by the Secretary of the

10 Treasury. Amounts in the Fund shall remain available,

11 subject to appropriation, without fiscal year limitation. The

12 Secretary may use amounts in the Fund for restoration and

13 administration of the MNP, including construction of a vis14 itor and education center, restoration of ecosystems, con15 struction of recreational facilities (such as trails), construc16 tion of administrative offices, and operation and mainte17 nance of the MNP.

18 (n) COOPERATION WITH STATES, LOCAL GOVERN19 MENTS, AND OTHER ENTITIES.—In the management of the

20 MNP, the Secretary shall, to the extent practicable, cooper21 ate with affected appropriate Federal, State, and local gov22 ernmental agencies, private organizations, and corpora23 tions. The cooperation may include entering a cooperative

24 agreement or exercising authority under the Cooperative

25 Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.)
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1 or the Forest and Rangeland Renewable Resources Research

2 Act of 1978 (16 U.S.C. 1641 et seq.). The purpose of the

3 cooperation may include public education, land and re4 source protection, or cooperative management among gov5 ernment, corporate, and private landowners in a manner

6 that is consistent with this subtitle.

7 SEC. 2854. TRANSFER OF MANAGEMENT RESPONSIBILITIES

8 AND JURISDICTION OVER ARSENAL.

9 (a) PHASED TRANSFER OF JURISDICTION.—(1) Not

10 later than 180 days after the date of the enactment of this

11 Act, the Secretary of the Army may transfer to the Sec12 retary of Agriculture those portions of the Arsenal property

13 identified for transfer to the Secretary of Agriculture under

14 subsection (c), and may transfer to the Secretary of Veter15 ans Affairs those portions identified for transfer to the Sec16 retary of Veterans Affairs under section 2855(a). In the case

17 of the Arsenal property to be transferred to the Secretary

18 of Agriculture, the Secretary of the Army shall transfer to

19 the Secretary of Agriculture only those portions for which

20 the Secretary of the Army and the Administrator concur

21 in finding that no further action is required under any en22 vironmental law and that have been eliminated from the

23 areas to be further studied pursuant to the Defense Environ24 mental Restoration Program for the Arsenal. Not later than

25 120 days after the date of the enactment of this Act, the
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1 Secretary of the Army and the Administrator shall provide

2 to the Secretary—

3 (A) all documentation that exists on the date the

4 documentation is provided that supports the finding;

5 and

6 (B) all information that exists on the date the

7 information is provided that relates to the environ8 mental conditions of the portions of the Arsenal to be

9 transferred to the Secretary under this paragraph.

10 (2)(A) The Secretary of the Army may transfer to the

11 Secretary of Agriculture any portion of the property gen12 erally identified in subsection (c) and not transferred pur13 suant to paragraph (1) when the Secretary of the Army

14 and the Administrator concur in finding that no further

15 action is required at that portion of property under any

16 environmental law and that the portion has been eliminated

17 from the areas to be further studied pursuant to the Defense

18 Environmental Restoration Program for the Arsenal.

19 (B) Not later than 60 days before a transfer under this

20 paragraph, the Secretary of the Army and the Adminis21 trator shall provide to the Secretary—

22 (i) all documentation that exists on the date the

23 documentation is provided that supports the finding;

24 and
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1 (ii) all information that exists on the date the

2 information is provided that relates to the environ3 mental conditions of the portions of the Arsenal to be

4 transferred to the Secretary under this paragraph.

5 (C) Transfer of jurisdiction under this paragraph may

6 be accomplished on a parcel-by-parcel basis.

7 (b) TRANSFER WITHOUT REIMBURSEMENT.—The Sec8 retary of the Army may transfer the area constituting the

9 MNP to the Secretary without reimbursement.

10 (c) IDENTIFICATION OF PORTIONS FOR TRANSFER FOR

11 MNP.—The lands to be transferred to the Secretary under

12 subsection (a) shall be identified in an agreement between

13 the Secretary of the Army and the Secretary. All the real

14 property and improvements comprising the Arsenal, except

15 for lands and facilities described in subsection (g) or des16 ignated for transfer or disposal to parties other than the

17 Secretary under section 2855, shall be transferred to the

18 Secretary.

19 (d) SECURITY MEASURES.—The Secretary, the Sec20 retary of the Army, and the Secretary of Veterans Affairs,

21 shall each provide and maintain physical and other secu22 rity measures on such portion of the Arsenal as is under

23 the administrative jurisdiction of the respective Secretary.

24 The security measures (which may include fences and natu25 ral barriers) shall include measures to prevent members of
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1 the public from gaining unauthorized access to such por2 tions of the Arsenal as are under the administrative juris3 diction of each respective Secretary and that may endanger

4 health or safety.

5 (e) COOPERATIVE AGREEMENTS.—The Secretary, the

6 Secretary of the Army, and the Administrator individually

7 and collectively may enter into a cooperative agreement or

8 a memoranda of understanding among each other, with an9 other affected Federal agency, State or local government,

10 private organization, or corporation to carry out the pur11 poses described in section 2853(g).

12 (f) INTERIM ACTIVITIES OF THE SECRETARY.—Prior

13 to transfer and subject to such reasonable terms and condi14 tions as the Secretary of the Army may prescribe, the Sec15 retary may enter on the Arsenal property for purposes re16 lated to planning, resource inventory, fish and wildlife

17 habitat manipulation (which may include prescribed burn18 ing), and other such activities consistent with the purposes

19 for which the MNP is established.

20 (g) PROPERTY USED FOR ENVIRONMENTAL CLEAN21 UP.—(1) The Secretary of the Army shall retain jurisdic22 tion, authority, and control over real property at the Arse23 nal that is used for—

24 (A) water treatment;
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1 (B) the treatment, storage, or disposal of a haz2 ardous substance, pollutant or contaminant, hazard3 ous material, or petroleum product or a derivative of

4 the product;

5 (C) purposes related to a response at the Arsenal;

6 and

7 (D) actions required at the Arsenal under an en8 vironmental law to remediate contamination or con9 ditions of noncompliance with an environmental law.

10 (2) In the case of a conflict between management of

11 the property by the Secretary and a response or other action

12 required under an environmental law, or necessary to reme13 diate a petroleum product or a derivative of the product,

14 the response or other action shall take priority.

15 (3)(A) All costs of necessary surveys for the transfer

16 of jurisdiction of a property to a Federal agency under this

17 subtitle shall be borne by the agency to which the property

18 is transferred.

19 (B) The Secretary of the Army shall bear the costs of

20 any surveys necessary for the transfer of land to a non21 Federal agency under section 2855.
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1 SEC. 2855. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY

2 LANDFILL, AND A NATIONAL VETERANS CEM3 ETERY AND TO THE ADMINISTRATOR OF GEN4 ERAL SERVICES.

5 (a) NATIONAL VETERANS CEMETERY.—The Secretary

6 of the Army may convey to the Department of Veterans Af7 fairs, without compensation, an area of real property to

8 be used for a national cemetery, as authorized under section

9 2337 of the Military Construction Authorization Act, 1988

10 and 1989 (division B of Public Law 100–180; 101 Stat.

11 1225), consisting of approximately 910 acres, the approxi12 mate legal description of which includes part of sections 30

13 and 31 Jackson Township, T. 34 N. R. 10 E., and including

14 part of sections 25 and 36 Channahon Township, T. 34 N.

15 R. 9 E., Will County, Illinois, as depicted on the Arsenal

16 Land Use Concept.

17 (b) COUNTY OF WILL LANDFILL.—(1) Subject to para18 graphs (2) through (6), the Secretary of the Army may con19 vey an area of real property to Will County, Illinois, with20 out compensation, to be used for a landfill by the County,

21 consisting of approximately 425 acres of the Arsenal, the

22 approximate legal description of which includes part of sec23 tions 8 and 17, Florence Township, T. 33 N. R. 10 E., Will

24 County, Illinois, as depicted in the Arsenal Land Use Con25 cept.
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1 (2) Additional acreage shall be added to the landfill

2 described in paragraph (1) as is necessary to reasonably

3 accommodate needs for the disposal of refuse and other ma4 terials from the restoration and cleanup of the Arsenal

5 property.

6 (3) Use of the landfill described in paragraph (1) or

7 additional acreage under paragraph (2) by any agency of

8 the Federal Government shall be at no cost to the Federal

9 Government.

10 (4) The Secretary of the Army may require such addi11 tional terms and conditions in connection with a convey12 ance under this subsection as the Secretary of the Army

13 considers appropriate to protect the interests of the United

14 States.

15 (5) Any conveyance of real property under this sub16 section shall contain a reversionary interest that provides

17 that the property shall revert to the Secretary of Agriculture

18 for inclusion in the MNP if the property is not operated

19 as a landfill.

20 (6) Liability for environmental conditions at or relat21 ed to the landfill described in paragraph (1) resulting from

22 activities occurring at the landfill after the date of enact23 ment of this Act and before a revision under paragraph (5)

24 shall be borne by Will County.
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1 (c) VILLAGE OF ELWOOD INDUSTRIAL PARK.—The

2 Secretary of the Army may convey an area of real property

3 to the Village of Elwood, Illinois, to be used for an indus4 trial park, consisting of approximately 1,900 acres of the

5 Arsenal, the approximate legal description of which in6 cludes part of section 30, Jackson Township, T. 34 N. R.

7 10 E., and sections or part of sections 24, 25, 26, 35, and

8 36 Channahon Township, T. 34 N. R. 9 E., Will County,

9 Illinois, as depicted on the Arsenal Land Use Concept. The

10 conveyance shall be at fair market value, as determined in

11 accordance with Federal appraisal standards and proce12 dures. Any funds received by the Village of Elwood from

13 the sale or other transfer of the property, or portions of the

14 property, less any costs expended for improvements on the

15 property, shall be remitted to the Secretary of the Army.

16 (d) CITY OF WILMINGTON INDUSTRIAL PARK.—The

17 Secretary of the Army may convey an area of real property

18 to the City of Wilmington, Illinois, to be used for an indus19 trial park, consisting of approximately 1,100 acres of the

20 Arsenal, the approximate legal description of which in21 cludes part of sections 16, 17, and 18 Florence Township,

22 T. 33 N. R. 10 E., Will County, Illinois, as depicted on

23 the Arsenal Land Use Concept. The conveyance shall be at

24 fair market value, as determined in accordance with Fed25 eral appraisal standards and procedures. Any funds re-
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1 ceived by the City of Wilmington from the sale or other

2 transfer of the property, or portions of the property, less

3 any costs expended for improvements on the property, shall

4 be remitted to the Secretary of the Army.

5 (e) OPTIONAL ADDITIONAL AREAS.—(1) Not later than

6 180 days after the construction and installation of any re7 medial design approved by the Administrator and required

8 for any lands described in paragraph (2), the Adminis9 trator shall provide to the Secretary all information exist10 ing on the date the information is provided regarding the

11 implementation of the remedy, including information re12 garding the effectiveness of the remedy. Not later than 180

13 days after the Administrator provides the information to

14 the Secretary, the Secretary of the Army shall offer the Sec15 retary the option of accepting a conveyance of the areas

16 described in paragraph (2), without reimbursement, to be

17 added to the MNP subject to the terms and conditions, in18 cluding the limitations on liability, contained in this sub19 title. If the Secretary declines the offer, the property may

20 be disposed of as the Secretary of the Army would ordi21 narily dispose of the property under applicable provisions

22 of law. The conveyance of property under this paragraph

23 may be accomplished on a parcel-by-parcel basis.

24 (2)(A) The areas on the Arsenal Land Use Concept

25 that may be conveyed under paragraph (1) are—
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1 (i) manufacturing area, study area 1, southern

2 ash pile;

3 (ii) study area 2, explosive burning ground;

4 (iii) study area 3, flashing-grounds;

5 (iv) study area 4, lead azide area;

6 (v) study area 10, toluene tank farms;

7 (vi) study area 11, landfill;

8 (vii) study area 12, sellite manufacturing area;

9 (viii) study area 14, former pond area;

10 (ix) study area 15, sewage treatment plant;

11 (x) study area L1, load assemble packing area,

12 group 61;

13 (xi) study area L2, explosive burning ground;

14 (xii) study area L3, demolition area;

15 (xiii) study area L4, landfill area;

16 (xiv) study area L5, salvage yard;

17 (xv) study area L7, group 1;

18 (xvi) study area L8, group 2;

19 (xvii) study area L9, group 3;

20 (xviii) study area L10, group 3A;

21 (xix) study area L12, Doyle Lake;

22 (xx) study area L14, group 4;

23 (xxi) study area L15, group 5;

24 (xxii) study area L18, group 8;

25 (xxiii) study area L19, group 9;
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1 (xxiv) study area L20, group 20;

2 (xxv) study area L22, group 25;

3 (xxvi) study area L23, group 27;

4 (xxvii) study area L25, group 62;

5 (xxviii) study area L31, extraction pits;

6 (xxix) study area L33, PVC area;

7 (xxx) study area L34, former burning area; and

8 (xxxi) study area L35, fill area.

9 (B) The areas referred to in subparagraph (A) shall

10 include all associated inventoried buildings and structures

11 as identified in the Joliet Army Ammunition Plant

12 Plantwide Building and Structures Report and the con13 taminate study sites for both the manufacturing and load

14 assembly and packing sides of the Joliet Arsenal as shown

15 in the Dames and Moore Final Report, Phase 2 Remedial

16 Investigation Manufacturing (MFG) Area Joliet Army Am17 munition Plant Joliet, Illinois (May 30, 1993. Contract No.

18 DAAA15-90-D-0015 task order No. 6 prepared for: United

19 States Army Environmental Center).

20 (C) Notwithstanding subparagraphs (A) and (B), the

21 landfill and national cemetery described in paragraphs (3)

22 and (4) shall not be subject to paragraph (1).
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1 SEC. 2856. CONTINUATION OF RESPONSIBILITY AND LIABIL2 ITY OF THE SECRETARY OF THE ARMY FOR

3 ENVIRONMENTAL CLEANUP.

4 (a) RESPONSIBILITY.—The Secretary of the Army

5 shall retain the responsibility to complete any remedial, re6 sponse, or other restoration actions required under any en7 vironmental law in order to carry out a transfer of property

8 under section 2854 before carrying out the transfer of the

9 property under that section.

10 (b) LIABILITY FOR ARSENAL.—(1) The Secretary of the

11 Army shall retain any obligation or other liability at the

12 Arsenal that the Secretary had under CERCLA and other

13 environmental laws. Following transfer of a portion of the

14 Arsenal under this subtitle, the Secretary of the Army shall

15 be accorded any easement or access to the property that may

16 be reasonably required to carry out the obligation or satisfy

17 the liability.

18 (2) The Secretary of Agriculture shall not be respon19 sible for the cost of any remedial, response, or other restora20 tion action required under any environmental law for a

21 matter that is related directly or indirectly to an activity

22 of the Secretary of the Army, or a party acting under the

23 authority of the Secretary of the Army, in connection with

24 the Defense Environmental Restoration Program, at or re25 lated to the Arsenal, including—
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1 (A) the costs or performance of responses re2 quired under CERCLA;

3 (B) the costs, penalties, or fines related to non4 compliance with an environmental law at or related

5 to the Arsenal or related to the presence, release, or

6 threat of release of a, hazardous substance, pollutant

7 or contaminant, hazardous waste, or hazardous mate8 rial of any kind at or related to the Arsenal, includ9 ing contamination resulting from migration of a haz10 ardous substance, pollutant or contaminant, a haz11 ardous material, or a petroleum product or a deriva12 tive of the product disposed during an activity of the

13 Secretary of the Army; and

14 (C) the costs of an action necessary to remedy

15 noncompliance or another problem specified in sub16 paragraph (B).

17 (c) PAYMENT OF RESPONSE COSTS.—A Federal agen18 cy that had or has operations at the Arsenal resulting in

19 the release or threatened release of a hazardous substance

20 or pollutant or contaminant shall pay the cost of a related

21 response and shall pay the costs of a related action to reme22 diate petroleum products or the derivatives of the products,

23 including motor oil and aviation fuel.

24 (d) CONSULTATION.—The Secretary shall consult with

25 the Secretary of the Army with respect to the management
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1 by the Secretary of real property included in the MNP sub2 ject to a response or other action at the Arsenal being car3 ried out by or under the authority of the Secretary of the

4 Army under any environmental law. The Secretary shall

5 consult with the Secretary of the Army prior to undertaking

6 an activity on the MNP that may disturb the property to

7 ensure that the activity shall not exacerbate contamination

8 problems or interfere with performance by the Secretary of

9 the Army of a response at the property.

10 SEC. 2857. DEGREE OF ENVIRONMENTAL CLEANUP.

11 (a) IN GENERAL.—Nothing in this subtitle shall re12 strict or lessen the degree of cleanup at the Arsenal required

13 to be carried out under any environmental law.

14 (b) RESPONSE.—The establishment of the MNP shall

15 not restrict or lessen in any way a response or degree of

16 cleanup required under CERCLA or other environmental

17 law, or a response required under any environmental law

18 to remediate petroleum products or the derivatives of the

19 products, including motor oil and aviation fuel, required

20 to be carried out by the Secretary of the Army at the Arse21 nal or surrounding areas.

22 (c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

23 contract for sale, deed, or other transfer of real property

24 under section 2855 shall be carried out in compliance with
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1 section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and

2 other environmental laws.

3 Subtitle E—Other Matters

4 SEC. 2861. DEPARTMENT OF DEFENSE LABORATORY REVI5 TALIZATION DEMONSTRATION PROGRAM.

6 (a) PROGRAM REQUIRED.—The Secretary of Defense

7 shall carry out a program for the revitalization of Depart8 ment of Defense laboratories to be known as the ‘‘Depart9 ment of Defense Laboratory Revitalization Demonstration

10 Program’’. Under the program the Secretary may carry out

11 minor military construction projects in accordance with

12 subsection (b) and other applicable law to improve Depart13 ment of Defense laboratories covered by the program.

14 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

15 MINOR CONSTRUCTION PROJECTS.—For purpose of any

16 military construction project carried out under the pro17 gram—

18 (1) the amount provided in the second sentence

19 of subsection (a)(1) of section 2805 of title 10, United

20 States Code (as amended by section 2801 of this Act),

21 shall be deemed to be $3,000,000;

22 (2) the amount provided in subsection (b)(1) of

23 such section shall be deemed to be $1,500,000; and
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1 (3) the amount provided in subsection (c)(1)(B)

2 of such section, as so amended, shall be deemed to be

3 $1,000,000.

4 (c) PROGRAM REQUIREMENTS.—(1) Not later than 30

5 days before commencing the program, the Secretary shall—

6 (A) designate the Department of Defense labora7 tories at which construction may be carried out under

8 the program; and

9 (B) establish procedures for the review and ap10 proval of requests from such laboratories to carry out

11 such construction.

12 (2) The laboratories designated under paragraph

13 (1)(A) may not include Department of Defense laboratories

14 that are contractor owned.

15 (3) The Secretary shall notify Congress of the labora16 tories designated under paragraph (1)(A).

17 (d) REPORT.—Not later than September 30, 1998, the

18 Secretary shall submit to Congress a report on the program.

19 The report shall include the Secretary’s conclusions and rec20 ommendations regarding the desirability of extending the

21 authority set forth in subsection (b) to cover all Department

22 of Defense laboratories.

23 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec24 tion may be construed to limit any other authority provided
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1 by law for any military construction project at a Depart2 ment of Defense laboratory covered by the program.

3 (f) DEFINITIONS.—In this section:

4 (1) The term ‘‘laboratory’’ includes—

5 (A) a research, engineering, and develop6 ment center;

7 (B) a test and evaluation activity owned,

8 funded, and operated by the Federal Government

9 through the Department of Defense; and

10 (C) a supporting facility of a laboratory.

11 (2) The term ‘‘supporting facility’’, with respect

12 to a laboratory, means any building or structure that

13 is used in support of research, development, test, and

14 evaluation at the laboratory.

15 (g) EXPIRATION OF AUTHORITY.—The Secretary may

16 not commence a construction project under the program

17 after September 30, 1999.

18 SEC. 2862. PROHIBITION ON JOINT CIVIL AVIATION USE OF

19 MIRAMAR NAVAL AIR STATION, CALIFORNIA.

20 The Secretary of the Navy may not enter into any

21 agreement that provides for or permits civil aircraft to use

22 regularly Miramar Naval Air Station, California.
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1 SEC. 2863. REPORT ON AGREEMENT RELATING TO CONVEY2 ANCE OF LAND, FORT BELVOIR, VIRGINIA.

3 Not later than 60 days after the date of the enactment

4 of this Act, the Secretary of the Army shall submit to the

5 Committee on Armed Services of the Senate and the Com6 mittee on National Security of the House of Representatives

7 a report on the status of negotiations for the agreement re8 quired under subsection (b) of section 2821 of the Military

9 Construction Authorization Act for Fiscal Years 1990 and

10 1991 (division B of Public Law 101–189; 103 Stat. 1658)

11 in connection with the land conveyance authorized under

12 subsection (a) of that section. The report shall assess the

13 likelihood that the negotiations will lead to an agreement

14 and describe the alternative uses, if any, for the land re15 ferred to in such subsection (a) that have been identified

16 by the Secretary.

17 SEC. 2864. RESIDUAL VALUE REPORT.

18 (a) The Secretary of Defense, in coordination with the

19 Director of the Office of Management and Budget (OMB),

20 shall submit to the congressional defense committees status

21 reports on the results of residual value negotiations between

22 the United States and Germany, within 30 days of the re23 ceipt of such reports to the OMB.

24 (b) The reports shall include the following information:

25 (1) The estimated residual value of United States

26 capital value and improvements to facilities in Ger-
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1 many that the United States has turned over to Ger2 many.

3 (2) The actual value obtained by the United

4 States for each facility or installation turned over to

5 the Government of Germany.

6 (3) The reason(s) for any difference between the

7 estimated and actual value obtained.

8 SEC. 2865. RENOVATION OF THE PENTAGON RESERVATION.

9 The Secretary of Defense shall take such action as is

10 necessary to reduce the total cost of the renovation of the

11 Pentagon Reservation to not more than $1,118,000,000.

12 DIVISION C—DEPARTMENT OF

13 ENERGY NATIONAL SECURITY

14 AUTHORIZATIONS AND

15 OTHER AUTHORIZATIONS

16 TITLE XXXI—DEPARTMENT OF

17 ENERGY NATIONAL SECURITY

18 PROGRAMS

19 Subtitle A—National Security

20 Programs Authorizations

21 SEC. 3101. WEAPONS ACTIVITIES.

22 (a) STOCKPILE STEWARDSHIP.—Subject to subsection

23 (d), funds are hereby authorized to be appropriated to the

24 Department of Energy for fiscal year 1996 for stockpile

25 stewardship in carrying out weapons activities necessary
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1 for national security programs in the amount of

2 $1,624,080,000, to be allocated as follows:

3 (1) For core stockpile stewardship,

4 $1,386,613,000, to be allocated as follows:

5 (A) For operation and maintenance,

6 $1,305,308,000.

7 (B) For plant projects (including mainte8 nance, restoration, planning, construction, ac9 quisition, modification of facilities, and the con10 tinuation of projects authorized in prior years,

11 and land acquisition related thereto),

12 $81,305,000, to be allocated as follows: Project

13 96–D–102, stockpile stewardship facilities revi14 talization, Phase VI, various locations,

15 $2,520,000.

16 Project 96–D–103, Atlas, Los Alamos

17 National Laboratory, Los Alamos, New

18 Mexico, $8,400,000.

19 Project 96–D–104, processing and en20 vironmental technology laboratory (PETL),

21 Sandia National Laboratories, Albuquerque,

22 New Mexico, $1,800,000.

23 Project 96–D–105, contained firing fa24 cility addition, Lawrence Livermore Na-
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1 tional Laboratory, Livermore, California,

2 $6,600,000.

3 Project 95–D–102, Chemical and Met4 allurgy Research Building upgrades, Los

5 Alamos National Laboratory, New Mexico,

6 $9,940,000.

7 Project 94–D–102, nuclear weapons re8 search, development, and testing facilities

9 revitalization, Phase V, various locations,

10 $12,200,000.

11 Project 93–D–102, Nevada support fa12 cility, North Las Vegas, Nevada,

13 $15,650,000.

14 Project 90–D–102, nuclear weapons re15 search, development, and testing facilities

16 revitalization, Phase III, various locations,

17 $6,200,000.

18 Project 88–D–106, nuclear weapons re19 search, development, and testing facilities

20 revitalization, Phase II, various locations,

21 $17,995,000.

22 (2) For inertial fusion, $230,667,000, to be allo23 cated as follows:

24 (A) For operation and maintenance,

25 $193,267,000.
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1 (B) For the following plant project (includ2 ing maintenance, restoration, planning, con3 struction, acquisition, modification of facilities,

4 and land acquisition related thereto),

5 $37,400,000:

6 Project 96–D–111, national ignition

7 facility, location to be determined.

8 (3) For Marshall Islands activities and Nevada

9 Test Site dose reconstruction, $6,800,000.

10 (b) STOCKPILE MANAGEMENT.—Subject to subsection

11 (d), funds are hereby authorized to be appropriated to the

12 Department of Energy for fiscal year 1996 for stockpile

13 management in carrying out weapons activities necessary

14 for national security programs in the amount of

15 $2,035,483,000, to be allocated as follows:

16 (1) For operation and maintenance,

17 $1,911,858,000.

18 (2) For plant projects (including maintenance,

19 restoration, planning, construction, acquisition, modi20 fication of facilities, and the continuation of projects

21 authorized in prior years, and land acquisition relat22 ed thereto), $123,625,000, to be allocated as follows:

23 Project GPD–121, general plant projects,

24 various locations, $10,000,000.
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1 Project 96–D–122, sewage treatment quality

2 upgrade (STQU), Pantex Plant, Amarillo,

3 Texas, $600,000.

4 Project 96–D–123, retrofit heating, ventila5 tion, and air conditioning and chillers for ozone

6 protection, Y–12 Plant, Oak Ridge, Tennessee,

7 $3,100,000.

8 Project 96–D–125, Washington measure9 ments operations facility, Andrews Air Force

10 Base, Camp Springs, Maryland, $900,000.

11 Project 96–D–126, tritium loading line

12 modifications, Savannah River Site, South

13 Carolina, $12,200,000.

14 Project 95–D–122, sanitary sewer upgrade,

15 Y–12 Plant, Oak Ridge, Tennessee, $6,300,000.

16 Project 94–D–124, hydrogen fluoride supply

17 system, Y–12 Plant, Oak Ridge, Tennessee,

18 $8,700,000.

19 Project 94–D–125, upgrade life safety, Kan20 sas City Plant, Kansas City, Missouri,

21 $5,500,000.

22 Project 94–D–127, emergency notification

23 system, Pantex Plant, Amarillo, Texas,

24 $2,000,000.
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1 Project 94–D–128, environmental safety

2 and health analytical laboratory, Pantex Plant,

3 Amarillo, Texas, $4,000,000.

4 Project 93–D–122, life safety upgrades, Y–

5 12 Plant, Oak Ridge, Tennessee, $7,200,000.

6 Project 93–D–123, complex-21, various lo7 cations, $41,065,000.

8 Project 88–D–122, facilities capability as9 surance program, various locations, $8,660,000.

10 Project 88–D–123, security enhancements,

11 Pantex Plant, Amarillo, Texas, $13,400,000.

12 (c) PROGRAM DIRECTION.—Subject to subsection (d),

13 funds are hereby authorized to be appropriated to the De14 partment of Energy for fiscal year 1996 for program direc15 tion in carrying out weapons activities necessary for na16 tional security programs in the amount of $118,000,000.

17 (d) ADJUSTMENTS.—The total amount authorized to

18 be appropriated pursuant to this section is the sum of the

19 amounts authorized to be appropriated in subsections (a)

20 through (c) reduced by the sum of—

21 (1) $25,000,000, for savings resulting from pro22 curement reform; and

23 (2) $86,344,000, for use of prior year balances.
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1 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

2 MANAGEMENT.

3 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

4 (i), funds are hereby authorized to be appropriated to the

5 Department of Energy for fiscal year 1996 for corrective

6 activities in carrying out environmental restoration and

7 waste management activities necessary for national security

8 programs in the amount of $3,406,000, all of which shall

9 be available for the following plant project (including main10 tenance, restoration, planning, construction, acquisition,

11 modification of facilities, and land acquisition related

12 thereto):

13 Project 90–D–103, environment, safety and

14 health improvements, weapons research and develop15 ment complex, Los Alamos National Laboratory, Los

16 Alamos, New Mexico.

17 (b) ENVIRONMENTAL RESTORATION.—Subject to sub18 section (i), funds are hereby authorized to be appropriated

19 to the Department of Energy for fiscal year 1996 for envi20 ronmental restoration for operating expenses in carrying

21 out environmental restoration and waste management ac22 tivities necessary for national security programs in the

23 amount of $1,550,926,000.

24 (c) WASTE MANAGEMENT.—Subject to subsection (i),

25 funds are hereby authorized to be appropriated to the De26 partment of Energy for fiscal year 1996 for waste manage-
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1 ment in carrying out environmental restoration and waste

2 management activities necessary for national security pro3 grams in the amount of $2,386,596,000, to be allocated as

4 follows:

5 (1) For operation and maintenance,

6 $2,151,266,000.

7 (2) For plant projects (including maintenance,

8 restoration, planning, construction, acquisition, modi9 fication of facilities, and the continuation of projects

10 authorized in prior years, and land acquisition relat11 ed thereto), $235,330,000, to be allocated as follows:

12 Project GPD–171, general plant projects,

13 various locations, $15,728,000.

14 Project 96–D–400, replace industrial waste

15 piping, Kansas City Plant, Kansas City, Mis16 souri, $200,000.

17 Project 96–D–401, comprehensive treatment

18 and management plan immobilization of mis19 cellaneous wastes, Rocky Flats Environmental

20 Technology Site, Golden, Colorado, $1,400,000.

21 Project 96–D–402, comprehensive treatment

22 and management plan building 374/774 sludge

23 immobilization, Rocky Flats Environmental

24 Technology Site, Golden, Colorado, $1,500,000.
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1 Project 96–D–403, tank farm service up2 grades, Savannah River, South Carolina,

3 $3,315,000.

4 Project 96–D–405, T-plant secondary con5 tainment and leak detection upgrades, Richland,

6 Washington, $2,100,000.

7 Project 96–D–406, K-Basin operations pro8 gram, Richland, Washington, $41,000,000.

9 Project 96–D–409, advanced mixed waste

10 treatment facility, Idaho National Engineering

11 Laboratory, Idaho, $5,000,000.

12 Project 96–D–410, specific manufacturing

13 characterization facility assessment and upgrade,

14 Idaho National Engineering Laboratory, Idaho,

15 $2,000,000.

16 Project 95–D–402, install permanent elec17 trical service, Waste Isolation Pilot Plant, New

18 Mexico, $4,314,000.

19 Project 95–D–405, industrial landfill V and

20 construction/demolition landfill VII, Y–12 Plant,

21 Oak Ridge, Tennessee, $4,600,000.

22 Project 95–D–406, road 5–01 reconstruc23 tion, area 5, Nevada Test Site, Nevada,

24 $1,023,000.
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1 Project 94–D–400, high explosive

2 wastewater treatment system, Los Alamos Na3 tional Laboratory, Los Alamos, New Mexico,

4 $4,445,000.

5 Project 94–D–402, liquid waste treatment

6 system, Nevada Test Site, Nevada, $282,000.

7 Project 94–D–404, Melton Valley storage

8 tanks capacity increase, Oak Ridge National

9 Laboratory, Oak Ridge, Tennessee, $11,000,000.

10 Project 94–D–407, initial tank retrieval

11 systems, Richland, Washington, $9,400,000.

12 Project 94–D–411, solid waste operations

13 complex project, Richland, Washington,

14 $5,500,000.

15 Project 94–D–417, intermediate-level and

16 low-activity waste vaults, Savannah River,

17 South Carolina, $2,704,000.

18 Project 93–D–178, building 374 liquid

19 waste treatment facility, Rocky Flats Plant,

20 Golden, Colorado, $3,900,000.

21 Project 93–D–182, replacement of cross-site

22 transfer system, Richland, Washington,

23 $19,795,000.

24 Project 93–D–183, multi-tank waste storage

25 facility, Richland, Washington, $31,000,000.
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1 Project 93–D–187, high-level waste removal

2 from filled waste tanks, Savannah River, South

3 Carolina, $34,700,000.

4 Project 92–D–171, mixed waste receiving

5 and storage facility, Los Alamos National Lab6 oratory, Los Alamos, New Mexico, $1,105,000.

7 Project 92–D–188, waste management envi8 ronmental, safety and health (ES&H) and com9 pliance activities, various locations, $1,100,000.

10 Project 90–D–172, aging waste transfer

11 lines, Richland, Washington, $2,000,000.

12 Project 90–D–177, RWMC transuranic

13 (TRU) waste characterization and storage facil14 ity, Idaho National Engineering Laboratory,

15 Idaho, $1,428,000.

16 Project 90–D–178, TSA retrieval contain17 ment building, Idaho National Engineering Lab18 oratory, Idaho, $2,606,000.

19 Project 89–D–173, tank farm ventilation

20 upgrade, Richland, Washington, $800,000.

21 Project 89–D–174, replacement high-level

22 waste evaporator, Savannah River, South Caro23 lina, $11,500,000.
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1 Project 86–D–103, decontamination and

2 waste treatment facility, Lawrence Livermore

3 National Laboratory, California, $8,885,000.

4 Project 83–D–148, nonradioactive hazard5 ous waste management, Savannah River, South

6 Carolina, $1,000,000.

7 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub8 section (i), funds are hereby authorized to be appropriated

9 to the Department of Energy for fiscal year 1996 for tech10 nology development in carrying out environmental restora11 tion and waste management activities necessary for na12 tional security programs in the amount of $505,510,000.

13 (e) TRANSPORTATION MANAGEMENT.—Subject to sub14 section (i), funds are hereby authorized to be appropriated

15 to the Department of Energy for fiscal year 1996 for trans16 portation management in carrying out environmental res17 toration and waste management activities necessary for na18 tional security programs in the amount of $16,158,000.

19 (f) NUCLEAR MATERIALS AND FACILITIES STABILIZA20 TION.—Subject to subsection (i), funds are hereby author21 ized to be appropriated to the Department of Energy for

22 fiscal year 1996 for nuclear materials and facilities sta23 bilization in carrying out environmental restoration and

24 waste management activities necessary for national security
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1 programs in the amount of $1,596,028,000, to be allocated

2 as follows:

3 (1) For operation and maintenance,

4 $1,463,384,000.

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), $132,644,000, to be allocated as follows:

10 Project GPD–171, general plant projects,

11 various locations, $14,724,000.

12 Project 96–D–458, site drainage control,

13 Mound Plant, Miamisburg, Ohio, $885,000.

14 Project 96–D–461, electrical distribution

15 upgrade, Idaho National Engineering Labora16 tory, Idaho, $1,539,000.

17 Project 96–D–462, health physics instru18 ment laboratory, Idaho National Engineering

19 Laboratory, Idaho, $1,126,000.

20 Project 96–D–463, central facilities craft

21 shop, Idaho National Engineering Laboratory,

22 Idaho, $724,000.

23 Project 96–D–464, electrical and utility sys24 tems upgrade, Idaho Chemical Processing Plant,
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1 Idaho National Engineering Laboratory, Idaho,

2 $4,952,000.

3 Project 96–D–465, 200 area sanitary sewer

4 system, Richland, Washington, $1,800,000.

5 Project 96–D–470, environmental monitor6 ing laboratory, Savannah River Site, Aiken,

7 South Carolina, $3,500,000.

8 Project 96–D–471, chlorofluorocarbon heat9 ing, ventilation, and air conditioning and chiller

10 retrofit, Savannah River Site, Aiken, South

11 Carolina, $1,500,000.

12 Project 96–D–472, plant engineering and

13 design, Savannah River Site, Aiken, South Caro14 lina, $4,000,000.

15 Project 96–D–473, health physics site sup16 port facility, Savannah River Site, Aiken, South

17 Carolina, $2,000,000.

18 Project 96–D–474, dry fuel storage facility,

19 Idaho National Engineering Laboratory, Idaho,

20 $15,000,000.

21 Project 96–D–475, high level waste volume

22 reduction demonstration (pentaborane), Idaho

23 National Engineering Laboratory, Idaho,

24 $5,000,000.
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1 Project 95–D–155, upgrade site road infra2 structure, Savannah River, South Carolina,

3 $2,900,000.

4 Project 95–D–156, radio trunking system,

5 Savannah River, South Carolina, $10,000,000.

6 Project 95–D–454, 324 facility compliance/

7 renovation, Richland, Washington, $3,500,000.

8 Project 95–D–456, security facilities up9 grade, Idaho Chemical Processing Plant, Idaho

10 National Engineering Laboratory, Idaho,

11 $8,382,000.

12 Project 94–D–122, underground storage

13 tanks, Rocky Flats, Golden, Colorado,

14 $5,000,000.

15 Project 94–D–401, emergency response facil16 ity, Idaho National Engineering Laboratory,

17 Idaho, $5,074,000.

18 Project 94–D–412, 300 area process sewer

19 piping system upgrade, Richland, Washington,

20 $1,000,000.

21 Project 94–D–415, medical facilities, Idaho

22 National Engineering Laboratory, Idaho,

23 $3,601,000.
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1 Project 94–D–451, infrastructure replace2 ment, Rocky Flats Plant, Golden, Colorado,

3 $2,940,000.

4 Project 93–D–147, domestic water system

5 upgrade, Phase I and II, Savannah River, South

6 Carolina, $7,130,000.

7 Project 93–D–172, electrical upgrade, Idaho

8 National Engineering Laboratory, Idaho,

9 $124,000.

10 Project 92–D–123, plant fire/security

11 alarms system replacement, Rocky Flats Plant,

12 Golden, Colorado, $9,560,000.

13 Project 92–D–125, master safeguards and

14 security agreement/materials surveillance task

15 force security upgrades, Rocky Flats Plant, Gold16 en, Colorado, $7,000,000.

17 Project 92–D–181, fire and life safety im18 provements, Idaho National Engineering Lab19 oratory, Idaho, $6,883,000.

20 Project 91–D–127, criticality alarm and

21 production annunciation utility replacement,

22 Rocky Flats Plant, Golden, Colorado, $2,800,000.

23 (g) COMPLIANCE AND PROGRAM COORDINATION.—

24 Subject to subsection (i), funds are hereby authorized to be

25 appropriated to the Department of Energy for fiscal year
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1 1996 for compliance and program coordination in carrying

2 out environmental restoration and waste management ac3 tivities necessary for national security programs in the

4 amount of $81,251,000, to be allocated as follows:

5 (1) For operation and maintenance,

6 $66,251,000.

7 (2) For the following plant project (including

8 maintenance, restoration, planning, construction, ac9 quisition, modification of facilities, and land acquisi10 tion related thereto), $15,000,000:

11 Project 95–E–600, hazardous materials

12 training center, Richland, Washington.

13 (h) ANALYSIS, EDUCATION, AND RISK MANAGE14 MENT.—Subject to subsection (i), funds are hereby author15 ized to be appropriated to the Department of Energy for

16 fiscal year 1996 for analysis, education, and risk manage17 ment in carrying out environmental restoration and waste

18 management activities necessary for national security pro19 grams in the amount of $80,022,000.

20 (i) ADJUSTMENTS.—The total amount authorized to be

21 appropriated pursuant to this section is the sum of the

22 amounts specified in subsections (a) through (h) reduced by

23 the sum of—

24 (1) $276,942,000, for use of prior year balances;

25 and
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1 (2) $37,000,000 for recovery of overpayment to

2 the Savannah River Pension Fund.

3 SEC. 3103. OTHER DEFENSE ACTIVITIES.

4 (a) OTHER DEFENSE ACTIVITIES.—Subject to sub5 section (b), funds are hereby authorized to be appropriated

6 to the Department of Energy for fiscal year 1996 for other

7 defense activities in carrying out programs necessary for

8 national security in the amount of $1,408,162,000, to be

9 allocated as follows:

10 (1) For verification and control technology,

11 $430,842,000, to be allocated as follows:

12 (A) For nonproliferation and verification

13 research and development, $226,142,000.

14 (B) For arms control, $162,364,000.

15 (C) For intelligence, $42,336,000.

16 (2) For nuclear safeguards and security,

17 $83,395,000.

18 (3) For security investigations, $25,000,000.

19 (4) For security evaluations, $14,707,000.

20 (5) For the Office of Nuclear Safety,

21 $15,050,000.

22 (6) For worker and community transition,

23 $100,000,000.

24 (7) For fissile materials disposition, $70,000,000.
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1 (8) For naval reactors development,

2 $682,168,000, to be allocated as follows:

3 (A) For operation and infrastructure,

4 $659,168,000.

5 (B) For plant projects (including mainte6 nance, restoration, planning, construction, ac7 quisition, modification of facilities, and the con8 tinuation of projects authorized in prior years,

9 and land acquisition related thereto),

10 $23,000,000, to be allocated as follows:

11 Project 95–D–200, laboratory systems

12 and hot cell upgrades, various locations,

13 $11,300,000.

14 Project 95–D–201, advanced test reac15 tor radioactive waste system upgrades,

16 Idaho National Engineering Laboratory,

17 Idaho, $4,800,000.

18 Project 93–D–200, engineering services

19 facilities, Knolls Atomic Power Laboratory,

20 Niskayuna, New York, $3,900,000.

21 Project 90–N–102, expended core facil22 ity dry cell project, Naval Reactors Facility,

23 Idaho, $3,000,000.

24 (b) ADJUSTMENT.—The total amount that may be ap25 propriated pursuant to this section is the total amount au-
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1 thorized to be appropriated in subsection (a) reduced by

2 $13,000,000, for use of prior year balances.

3 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

4 Funds are hereby authorized to be appropriated to the

5 Department of Energy for fiscal year 1996 for payment to

6 the Nuclear Waste Fund established in section 302(c) of the

7 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

8 the amount of $198,400,000.

9 SEC. 3105. PAYMENT OF PENALTIES ASSESSED AGAINST

10 ROCKY FLATS SITE.

11 The Secretary of Energy may pay to the Hazardous

12 Substance Superfund established under section 9507 of the

13 Internal Revenue Code of 1986 (26 U.S.C. 9507), from

14 funds appropriated to the Department of Energy for envi15 ronmental restoration and waste management activities

16 pursuant to section 3102, stipulated civil penalties in the

17 amount of $350,000 assessed under the Comprehensive En18 vironmental Response, Compensation, and Liability Act of

19 1980 (42 U.S.C. 9601 et seq.) against the Rocky Flats Site,

20 Golden, Colorado.
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1 SEC. 3106. STANDARDIZATION OF ETHICS AND REPORTING

2 REQUIREMENTS AFFECTING THE DEPART3 MENT OF ENERGY WITH GOVERNMENT-WIDE

4 STANDARDS.

5 (a) REPEALS.—(1) Part A of title VI of the Depart6 ment of Energy Organization Act and its catchline (42

7 U.S.C. 7211, 7212, and 7218) are repealed.

8 (2) Section 308 of the Energy Research and Develop9 ment Administration Appropriation Authorization Act for

10 Fiscal Year 1977 (42 U.S.C. 5816a) is repealed.

11 (3) Section 522 of the Energy Policy and Conservation

12 Act (42 U.S.C. 6392) is repealed.

13 (b) CONFORMING AMENDMENTS.—(1) The table of con14 tents for the Department of Energy Organization Act is

15 amended by striking out the items relating to part A of

16 title VI including sections 601 through 603.

17 (2) The table of contents for the Energy Policy and

18 Conservation Act is amended by striking out the matter re19 lating to section 522.

20 SEC. 3107. CERTAIN ENVIRONMENTAL RESTORATION RE21 QUIREMENTS.

22 It is the sense of Congress that:

23 (1) No individual acting within the scope of that

24 individual’s employment with a Federal agency or de25 partment shall be personally subject to civil or crimi26 nal sanctions, for any failure to comply with an envi-
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1 ronmental cleanup requirement under the Solid Waste

2 Disposal Act or the Comprehensive Environmental

3 Response, Compensation, and Liability Act or an

4 analogous requirement under comparable Federal,

5 State, or local laws, whether the failure to comply is

6 due to lack of funds requested or appropriated to

7 carry out such requirement. Federal and State en8 forcement authorities shall refrain from enforcement

9 action in such circumstances.

10 (2) If appropriations by the Congress for fiscal

11 year 1996 or any subsequent fiscal year are insuffi12 cient to fund any such environmental cleanup re13 quirements, the committees of Congress with jurisdic14 tion shall examine the issue, elicit the views of Fed15 eral agencies, affected States, and the public, and con16 sider appropriate statutory amendments to address

17 personal criminal liability, and any related issues

18 pertaining to potential liability of any Federal agen19 cy or department or its contractors.

20 SEC. 3108. AMENDING THE HYDRONUCLEAR PROVISIONS

21 OF THIS ACT.

22 Notwithstanding any other provision of this Act, the

23 provision dealing with hydronuclear experiments is quali24 fied in the following respect:
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1 ‘‘(c) LIMITATIONS.—Nothing in this Act shall be con2 strued as an authorization to conduct hydronuclear tests.

3 Furthermore, nothing in this Act shall be construed as

4 amending or repealing the requirements of section 507 of

5 Public Law 102–377.’’.

6 Subtitle B—Recurring General

7 Provisions

8 SEC. 3121. REPROGRAMMING.

9 (a) IN GENERAL.—Until the Secretary of Energy sub10 mits to the congressional defense committees the report re11 ferred to in subsection (b) and a period of 30 days has

12 elapsed after the date on which such committees receive the

13 report, the Secretary may not use amounts appropriated

14 pursuant to this title for any program—

15 (1) in amounts that exceed, in a fiscal year—

16 (A) 110 percent of the amount authorized

17 for that program by this title; or

18 (B) $1,000,000 more than the amount au19 thorized for that program by this title; or

20 (2) which has not been presented to, or requested

21 of, Congress.

22 (b) REPORT.—(1) The report referred to in subsection

23 (a) is a report containing a full and complete statement

24 of the action proposed to be taken and the facts and cir25 cumstances relied upon in support of such proposed action.
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1 (2) In the computation of the 30-day period under sub2 section (a), there shall be excluded any day on which either

3 House of Congress is not in session because of an adjourn4 ment of more than 3 days to a day certain.

5 (c) LIMITATIONS.—(1) In no event may the total

6 amount of funds obligated pursuant to this title exceed the

7 total amount authorized to be appropriated by this title.

8 (2) Funds appropriated pursuant to this title may not

9 be used for an item for which Congress has specifically de10 nied funds.

11 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

12 (a) IN GENERAL.—The Secretary of Energy may carry

13 out any construction project under the general plant

14 projects authorized by this title if the total estimated cost

15 of the construction project does not exceed $2,000,000.

16 (b) REPORT TO CONGRESS.—If, at any time during

17 the construction of any general plant project authorized by

18 this title, the estimated cost of the project is revised because

19 of unforeseen cost variations and the revised cost of the

20 project exceeds $2,000,000, the Secretary shall immediately

21 furnish a complete report to the congressional defense com22 mittees explaining the reasons for the cost variation.

23 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

24 (a) IN GENERAL.—(1) Except as provided in para25 graph (2), construction on a construction project may not
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1 be started or additional obligations incurred in connection

2 with the project above the total estimated cost, whenever the

3 current estimated cost of the construction project, which is

4 authorized by sections 3101, 3102, and 3103, or which is

5 in support of national security programs of the Department

6 of Energy and was authorized by any previous Act, exceeds

7 by more than 25 percent the higher of—

8 (A) the amount authorized for the project; or

9 (B) the amount of the total estimated cost for the

10 project as shown in the most recent budget justifica11 tion data submitted to Congress.

12 (2) An action described in paragraph (1) may be taken

13 if—

14 (A) the Secretary of Energy has submitted to the

15 congressional defense committees a report on the ac16 tions and the circumstances making such action nec17 essary; and

18 (B) a period of 30 days has elapsed after the

19 date on which the report is received by the commit20 tees.

21 (3) In the computation of the 30-day period under

22 paragraph (2), there shall be excluded any day on which

23 either House of Congress is not in session because of an

24 adjournment of more than 3 days to a day certain.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 any construction project which has a current estimated cost

3 of less than $5,000,000.

4 SEC. 3124. FUND TRANSFER AUTHORITY.

5 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

6 Secretary of Energy may transfer funds authorized to be

7 appropriated to the Department of Energy pursuant to this

8 title to other Federal agencies for the performance of work

9 for which the funds were authorized. Funds so transferred

10 may be merged with and be available for the same purposes

11 and for the same period as the authorizations of the Federal

12 agency to which the amounts are transferred.

13 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

14 LIMITATIONS.—(1) Subject to paragraph (2), the Secretary

15 of Energy may transfer funds authorized to be appropriated

16 to the Department of Energy pursuant to this title between

17 any such authorizations. Amounts of authorizations so

18 transferred may be merged with and be available for the

19 same purposes and for the same period as the authorization

20 to which the amounts are transferred.

21 (2) Not more than 5 percent of any such authorization

22 may be transferred between authorizations under para23 graph (1). No such authorization may be increased or de24 creased by more than 5 percent by a transfer under such

25 paragraph.
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1 (3) The authority provided by this section to transfer

2 authorizations—

3 (A) may only be used to provide funds for items

4 relating to weapons activities necessary for national

5 security programs that have a higher priority than

6 the items from which the funds are transferred; and

7 (B) may not be used to provide authority for an

8 item that has been denied funds by Congress.

9 (c) NOTICE TO CONGRESS.—The Secretary of Energy

10 shall promptly notify the Committee on Armed Services of

11 the Senate and the Committee on National Security of the

12 House of Representatives of any transfer of funds to or from

13 authorizations under this title.

14 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC15 TION DESIGN.

16 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

17 Subject to paragraph (2) and except as provided in para18 graph (3), before submitting to Congress a request for funds

19 for a construction project that is in support of a national

20 security program of the Department of Energy, the Sec21 retary of Energy shall complete a conceptual design for that

22 project.

23 (2) If the estimated cost of completing a conceptual

24 design for a construction project exceeds $3,000,000, the

25 Secretary shall submit to Congress a request for funds for
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1 the conceptual design before submitting a request for funds

2 for the construction project.

3 (3) The requirement in paragraph (1) does not apply

4 to a request for funds—

5 (A) for a construction project the total estimated

6 cost of which is less than $2,000,000; or

7 (B) for emergency planning, design, and con8 struction activities under section 3126.

9 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

10 Within the amounts authorized by this title, the Secretary

11 of Energy may carry out construction design (including ar12 chitectural and engineering services) in connection with

13 any proposed construction project if the total estimated cost

14 for such design does not exceed $600,000.

15 (2) If the total estimated cost for construction design

16 in connection with any construction project exceeds

17 $600,000, funds for such design must be specifically author18 ized by law.

19 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE20 SIGN, AND CONSTRUCTION ACTIVITIES.

21 (a) AUTHORITY.—The Secretary of Energy may use

22 any funds available to the Department of Energy pursuant

23 to an authorization in this title, including funds authorized

24 to be appropriated under sections 3101, 3102, and 3103 for

25 advance planning and construction design, to perform
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1 planning, design, and construction activities for any De2 partment of Energy national security program construction

3 project that, as determined by the Secretary, must proceed

4 expeditiously in order to protect public health and safety,

5 meet the needs of national defense, or to protect property.

6 (b) LIMITATION.—The Secretary may not exercise the

7 authority under subsection (a) in the case of any construc8 tion project until the Secretary has submitted to the con9 gressional defense committees a report on the activities that

10 the Secretary intends to carry out under this section and

11 the circumstances making such activities necessary.

12 (c) SPECIFIC AUTHORITY.—The requirement of section

13 3125(b)(2) does not apply to emergency planning, design,

14 and construction activities conducted under this section.

15 (d) REPORT.—The Secretary of Energy shall report to

16 the congressional defense committees any exercise of author17 ity under this section.

18 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU19 RITY PROGRAMS OF THE DEPARTMENT OF

20 ENERGY.

21 Subject to the provisions of appropriations Acts and

22 section 3121 of this title, amounts appropriated pursuant

23 to this title for management and support activities and for

24 general plant projects are available for use, when necessary,
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1 in connection with all national security programs of the

2 Department of Energy.

3 SEC. 3128. AVAILABILITY OF FUNDS.

4 When so specified in an appropriation Act, amounts

5 appropriated for operating expenses, plant projects, and

6 capital equipment may remain available until expended.

7 Subtitle C—Program Authoriza8 tions, Restrictions, and Limita9 tions

10 SEC. 3131. TRITIUM PRODUCTION.

11 (a) TRITIUM PRODUCTION.—Of the funds authorized

12 to be appropriated to the Department of Energy under sec13 tion 3101, not more than $50,000,000 shall be available to

14 conduct an assessment of alternative means of ensuring that

15 the tritium production of the Department of Energy is ade16 quate to meet the tritium requirements of the Department

17 of Defense. The assessment shall include an assessment of

18 various types of reactors and an accelerator.

19 (b) LOCATION OF NEW TRITIUM PRODUCTION FACIL20 ITY.—The Secretary of Energy shall locate the new tritium

21 production facility of the Department of Energy at the Sa22 vannah River Site, South Carolina.

23 (c) TRITIUM TARGETS.—Of the funds authorized to be

24 appropriated to the Department of Energy under section

25 3101, not more than $5,000,000 shall be available for the
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1 Idaho National Engineering Laboratory for the test and de2 velopment of nuclear reactor tritium targets for the various

3 types of reactors to be assessed by the Department under

4 subsection (a).

5 SEC. 3132. FISSILE MATERIALS DISPOSITION.

6 Of the funds authorized to be appropriated to the De7 partment of Energy for fiscal year 1996 under section

8 3103(a)(7), $70,000,000 shall be available only for purposes

9 of completing the evaluation of, and commencing implemen10 tation of, the interim- and long-term storage and disposi11 tion of fissile materials (including plutonium, highly en12 riched uranium, and other fissile materials) that are excess

13 to the national security needs of the United States, of which

14 $10,000,000 shall be available for plutonium resource as15 sessment on a competitive basis by an appropriate univer16 sity consortium.

17 SEC. 3133. TRITIUM RECYCLING.

18 (a) IN GENERAL.—Except as provided in subsection

19 (b), the following activities shall be carried out at the Sa20 vannah River Site, South Carolina:

21 (1) All tritium recycling for weapons, including

22 tritium refitting.

23 (2) All activities regarding tritium formerly car24 ried out at the Mound Plant, Ohio.
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1 (b) EXCEPTION.—The following activities may be car2 ried out at the Los Alamos National Laboratory, New Mex3 ico:

4 (1) Research on tritium.

5 (2) Work on tritium in support of the defense in6 ertial confinement fusion program.

7 (3) Provision of technical assistance to the Sa8 vannah River Site regarding the weapons surveillance

9 program.

10 SEC. 3134. MANUFACTURING INFRASTRUCTURE FOR

11 REFABRICATION AND CERTIFICATION OF EN12 DURING NUCLEAR WEAPONS STOCKPILE.

13 (a) MANUFACTURING PROGRAM.—The Secretary of

14 Energy shall carry out a program for purposes of establish15 ing within the Government a manufacturing infrastructure

16 that has the following capabilities as specified in the Nu17 clear Posture Review:

18 (1) To develop a stockpile surveillance engineer19 ing base.

20 (2) To refabricate and certify weapon compo21 nents and types in the enduring nuclear weapons

22 stockpile, as necessary.

23 (3) To design, fabricate, and certify new nuclear

24 warheads, as necessary.

25 (4) To support nuclear weapons.
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1 (5) To supply sufficient tritium in support of

2 nuclear weapons to ensure an upload hedge in the

3 event circumstances require.

4 (b) REQUIRED CAPABILITIES.—The manufacturing

5 infrastructure established under the program under sub6 section (a) shall include the following capabilities (modern7 ized to attain the objectives referred to in that subsection):

8 (1) The weapons assembly capabilities of the

9 Pantex Plant.

10 (2) The weapon secondary fabrication capabili11 ties of the Y–12 Plant, Oak Ridge, Tennessee.

12 (3) The tritium production and recycling capa13 bilities of the Savannah River Site.

14 (4) A weapon primary pit refabrication/manu15 facturing and reuse facility capability at Savannah

16 River Site (if required for national security pur17 poses).

18 (5) The non-nuclear component capabilities of

19 the Kansas City Plant.

20 (c) NUCLEAR POSTURE REVIEW.—For purposes of

21 subsection (a), the term ‘‘Nuclear Posture Review’’ means

22 the Department of Defense Nuclear Posture Review as con23 tained in the Report of the Secretary of Defense to the Presi24 dent and the Congress dated February 19, 1995, or subse25 quent such reports.
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1 (d) FUNDING.—Of the funds authorized to be appro2 priated under section 3101(b), $143,000,000 shall be avail3 able for carrying out the program required under this sec4 tion, of which—

5 (1) $35,000,000 shall be available for activities

6 at the Pantex Plant;

7 (2) $30,000,000 shall be available for activities

8 at the Y–12 Plant, Oak Ridge, Tennessee;

9 (3) $35,000,000 shall be available for activities

10 at the Savannah River Site; and

11 (4) $43,000,000 shall be available for activities

12 at the Kansas City Plant.

13 SEC. 3135. HYDRONUCLEAR EXPERIMENTS.

14 Of the funds authorized to be appropriated to the De15 partment of Energy under section 3101, $50,000,000 shall

16 be available for preparation for the commencement of a pro17 gram of hydronuclear experiments at the nuclear weapons

18 design laboratories at the Nevada Test Site which program

19 shall be for the purpose of maintaining confidence in the

20 reliability and safety of the enduring nuclear weapons

21 stockpile.
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1 SEC. 3136. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF

2 SKILLS CRITICAL TO THE DEPARTMENT OF

3 ENERGY NUCLEAR WEAPONS COMPLEX.

4 (a) IN GENERAL.—The Secretary of Energy shall con5 duct a fellowship program for the development of skills criti6 cal to the ongoing mission of the Department of Energy

7 nuclear weapons complex. Under the fellowship program,

8 the Secretary shall—

9 (1) provide educational assistance and research

10 assistance to eligible individuals to facilitate the de11 velopment by such individuals of skills critical to

12 maintaining the ongoing mission of the Department

13 of Energy nuclear weapons complex;

14 (2) employ eligible individuals at the facilities

15 described in subsection (c) in order to facilitate the

16 development of such skills by these individuals; or

17 (3) provide eligible individuals with the assist18 ance and the employment.

19 (b) ELIGIBLE INDIVIDUALS.—Individuals eligible for

20 participation in the fellowship program are the following:

21 (1) Students pursuing graduate degrees in fields

22 of science or engineering that are related to nuclear

23 weapons engineering or to the science and technology

24 base of the Department of Energy.

25 (2) Individuals engaged in postdoctoral studies

26 in such fields.
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1 (c) COVERED FACILITIES.—The Secretary shall carry

2 out the fellowship program at or in connection with the fol3 lowing facilities:

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 (d) ADMINISTRATION.—The Secretary shall carry out

11 the fellowship program at a facility referred to in subsection

12 (c) through the stockpile manager of the facility.

13 (e) ALLOCATION OF FUNDS.—The Secretary shall, in

14 consultation with the Assistant Secretary of Energy for De15 fense Programs, allocate funds available for the fellowship

16 program under subsection (f) among the facilities referred

17 to in subsection (c). The Secretary shall make the allocation

18 after evaluating an assessment by the weapons program di19 rector of each such facility of the personnel and critical

20 skills necessary at the facility for carrying out the ongoing

21 mission of the facility.

22 (f) FUNDING.—Of the funds authorized to be appro23 priated to the Department of Energy for fiscal year 1996

24 under section 3101(b), $10,000,000 may be used for the pur-
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1 pose of carrying out the fellowship program under this sec2 tion.

3 SEC. 3137. EDUCATION PROGRAM FOR DEVELOPMENT OF

4 PERSONNEL CRITICAL TO THE DEPARTMENT

5 OF ENERGY NUCLEAR WEAPONS COMPLEX.

6 (a) IN GENERAL.—The Secretary of Energy shall con7 duct an education program to ensure the long-term supply

8 of personnel having skills critical to the ongoing mission

9 of the Department of Energy nuclear weapons complex.

10 Under the program, the Secretary shall provide—

11 (1) education programs designed to encourage

12 and assist students in study in the fields of math,

13 science, and engineering that are critical to main14 taining the nuclear weapons complex;

15 (2) programs that enhance the teaching skills of

16 teachers who teach students in such fields; and

17 (3) education programs that increase the sci18 entific understanding of the general public in areas of

19 importance to the nuclear weapons complex and to

20 the Department of Energy national laboratories.

21 (b) FUNDING.—Of the funds authorized to be appro22 priated to the Department of Energy for fiscal year 1996

23 under section 3101(a), $10,000,000 may be used for the pur24 pose of carrying out the education program under this sec25 tion.
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1 SEC. 3138. LIMITATION ON USE OF FUNDS FOR CERTAIN RE2 SEARCH AND DEVELOPMENT PURPOSES.

3 Funds appropriated or otherwise made available to the

4 Department of Energy for fiscal year 1996 under section

5 3101 may be obligated and expended for activities under

6 the Department of Energy Laboratory Directed Research

7 and Development Program or under Department of Energy

8 technology transfer programs only if such activities support

9 the national security mission of the Department.

10 SEC. 3139. PROCESSING OF HIGH LEVEL NUCLEAR WASTE

11 AND SPENT NUCLEAR FUEL RODS.

12 (a) ELECTROMETALLURGICAL PROCESSING ACTIVI13 TIES.—Of the amount authorized to be appropriated to the

14 Department of Energy under section 3102, not more than

15 $2,500,000 shall be available for electrometallurgical proc16 essing activities at the Idaho National Engineering Labora17 tory.

18 (b) PROCESSING OF SPENT NUCLEAR FUEL RODS AT

19 SAVANNAH RIVER SITE.—Of the amount authorized to be

20 appropriated to the Department of Energy under section

21 3102, $30,000,000 shall be available for operating and

22 maintenance activities at the Savannah River Site, which

23 amount shall be available for the development at the canyon

24 facilities at the site of technological methods (including plu25 tonium processing and reprocessing) of separating, reduc26 ing, isolating, and storing the spent nuclear fuel rods that
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1 are sent to the site from other Department of Energy facili2 ties and from foreign facilities.

3 (c) PROCESSING OF SPENT NUCLEAR FUEL RODS AT

4 IDAHO NATIONAL ENGINEERING LABORATORY.—Of the

5 amount authorized to be appropriated to the Department

6 of Energy under section 3102, $15,000,000 shall be avail7 able for operating and maintenance activities at the Idaho

8 National Engineering Laboratory, which amount shall be

9 available for the development of technological methods of

10 processing the spent nuclear fuel rods that will be sent to

11 the laboratory from other Department of Energy facilities.

12 (d) SPENT NUCLEAR FUEL DEFINED.—In this section,

13 the term ‘‘spent nuclear fuel’’ has the meaning given such

14 term in section 2(23) of the Nuclear Waste Policy Act of

15 1982 (42 U.S.C. 10101(23)).

16 SEC. 3140. DEPARTMENT OF ENERGY DECLASSIFICATION

17 PRODUCTIVITY INITIATIVE.

18 Of the funds authorized to be appropriated to the De19 partment of Energy under section 3103, $3,000,000 shall

20 be available for the Declassification Productivity Initiative

21 of the Department of Energy.
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1 SEC. 3141. AUTHORITY TO REPROGRAM FUNDS FOR DIS2 POSITION OF CERTAIN SPENT NUCLEAR

3 FUEL.

4 (a) AUTHORITY TO REPROGRAM.—Notwithstanding

5 any other provision of law and subject to subsection (b),

6 the Secretary of Energy may reprogram funds available to

7 the Department of Energy for fiscal year 1996 under section

8 3101(b) or 3102(b) to make such funds available for use

9 for storage pool treatment and stabilization or for canning

10 and storage in connection with the disposition of spent nu11 clear fuel in the Democratic People’s Republic of Korea,

12 which treatment and stabilization or canning and storage

13 is—

14 (1) necessary in order to meet International

15 Atomic Energy Agency safeguard standards with re16 spect to the disposition of spent nuclear fuel; and

17 (2) conducted in fulfillment of the Nuclear

18 Framework Agreement between the United States and

19 the Democratic People’s Republic of Korea dated Oc20 tober 21, 1994.

21 (b) LIMITATION.—The total amount that the Secretary

22 may reprogram under the authority in subsection (a) may

23 not exceed $5,000,000.

24 (c) DEFINITION.—In this section, the term ‘‘spent nu25 clear fuel’’ has the meaning given such term in section 2(23)
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1 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

2 10101(23)).

3 SEC. 3142. PROTECTION OF WORKERS AT NUCLEAR WEAP4 ONS FACILITIES.

5 Of the funds authorized to be appropriated to the De6 partment of Energy under section 3102, $10,000,000 shall

7 be available to carry out activities authorized under section

8 3131 of the National Defense Authorization Act for Fiscal

9 Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1571;

10 42 U.S.C. 7274d), relating to worker protection at nuclear

11 weapons facilities.

12 Subtitle D—Review of Department

13 of Energy National Security Pro14 grams

15 SEC. 3151. REVIEW OF DEPARTMENT OF ENERGY NATIONAL

16 SECURITY PROGRAMS.

17 (a) REPORT.—Not later than March 15, 1996, the Sec18 retary of Defense shall, in consultation with the Secretary

19 of Energy, submit to the congressional defense committees

20 a report on the national security programs of the Depart21 ment of Energy.

22 (b) CONTENTS OF REPORT.—The report shall include

23 an assessment of the following:
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1 (1) The effectiveness of the Department of Energy

2 in maintaining the safety and reliability of the en3 during nuclear weapons stockpile.

4 (2) The management by the Department of the

5 nuclear weapons complex, including—

6 (A) a comparison of the Department of En7 ergy’s implementation of applicable environ8 mental, health, and safety requirements with the

9 implementation of similar requirements by the

10 Department of Defense; and

11 (B) a comparison of the costs and benefits

12 of the national security research and develop13 ment programs of the Department of Energy

14 with the costs and benefits of similar programs

15 sponsored by the Department of Defense.

16 (3) The fulfillment of the requirements estab17 lished for the Department of Energy in the Nuclear

18 Posture Review.

19 (c) DEFINITION.—In this section, the term ‘‘Nuclear

20 Posture Review’’ means the Department of Defense Nuclear

21 Posture Review as contained in the Report of the Secretary

22 of Defense to the President and the Congress dated February

23 19, 1995, or in subsequent such reports.
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1 Subtitle E—Other Matters

2 SEC. 3161. RESPONSIBILITY FOR DEFENSE PROGRAMS

3 EMERGENCY RESPONSE PROGRAM.

4 The Office of Military Applications under the Assist5 ant Secretary of Energy for Defense Programs shall retain

6 responsibility for the Defense Programs Emergency Re7 sponse Program within the Department of Energy.

8 SEC. 3162. REQUIREMENTS FOR DEPARTMENT OF ENERGY

9 WEAPONS ACTIVITIES BUDGETS FOR FISCAL

10 YEARS AFTER FISCAL YEAR 1996.

11 (a) IN GENERAL.—The weapons activities budget of

12 the Department of Energy shall be developed in accordance

13 with the Nuclear Posture Review, the Post Nuclear Posture

14 Review Stockpile Memorandum currently under develop15 ment, and the programmatic and technical requirements as16 sociated with the review and memorandum.

17 (b) REQUIRED DETAIL.—The Secretary of Energy

18 shall include in the materials that the Secretary submits

19 to Congress in support of the budget for a fiscal year sub20 mitted by the President pursuant to section 1105 of title

21 31, United States Code, a long-term program plan, and a

22 near-term program plan, for the certification and steward23 ship of the enduring nuclear weapons stockpile.

24 (c) DEFINITION.—In this section, the term ‘‘Nuclear

25 Posture Review’’ means the Department of Defense Nuclear
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1 Posture Review as contained in the Report of the Secretary

2 of Defense to the President and the Congress dated February

3 19, 1995, or in subsequent such reports.

4 SEC. 3163. REPORT ON PROPOSED PURCHASES OF TRITIUM

5 FROM FOREIGN SUPPLIERS.

6 (a) REQUIREMENT.—Not later than May 30, 1997, the

7 President shall submit to the congressional defense commit8 tees a report on any plans of the President to purchase from

9 foreign suppliers tritium to be used for purposes of the nu10 clear weapons stockpile of the United States.

11 (b) FORM OF REPORT.—The report shall be submitted

12 in unclassified form, but may contain a classified annex.

13 SEC. 3164. REPORT ON HYDRONUCLEAR TESTING.

14 (a) REPORT.—The Secretary of Energy shall direct the

15 joint preparation by the Lawrence Livermore National

16 Laboratory and the Los Alamos National Laboratory of a

17 report on the advantages and disadvantages for the safety

18 and reliability of the enduring nuclear weapons stockpile

19 of permitting alternative limits to the current limits on the

20 explosive yield of hydronuclear tests. The report shall ad21 dress the following explosive yield limits:

22 (1) 4 pounds (TNT equivalent).

23 (2) 400 pounds (TNT equivalent).

24 (3) 4,000 pounds (TNT equivalent).

25 (4) 40,000 pounds (TNT equivalent).
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1 (b) FUNDING.—The Secretary shall make available

2 funds authorized to be appropriated to the Department of

3 Energy under section 3101 for preparation of the report

4 required under subsection (a).

5 SEC. 3165. PLAN FOR THE CERTIFICATION AND STEWARD6 SHIP OF THE ENDURING NUCLEAR WEAPONS

7 STOCKPILE.

8 (a) REQUIREMENT.—Not later than March 15, 1996,

9 and every March 15 thereafter, the Secretary of Energy

10 shall submit to the Secretary of Defense a plan for main11 taining the enduring nuclear weapons stockpile.

12 (b) PLAN ELEMENTS.—Each plan under subsection (a)

13 shall set forth the following:

14 (1) The numbers of weapons (including active

15 weapons and inactive weapons) for each type of

16 weapon in the enduring nuclear weapons stockpile.

17 (2) The expected design lifetime of each weapon

18 system type, the current age of each weapon system

19 type, and any plans (including the analytical basis

20 for such plans) for lifetime extensions of a weapon

21 system type.

22 (3) An estimate of the lifetime of the nuclear and

23 non-nuclear components of the weapons (including ac24 tive weapons and inactive weapons) in the enduring

25 nuclear weapons stockpile, and any plans (including
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1 the analytical basis for such plans) for lifetime exten2 sions of such components.

3 (4) A schedule of the modifications, if any, re4 quired for each weapon type (including active weap5 ons and inactive weapons) in the enduring nuclear

6 weapons stockpile, and the cost of such modifications.

7 (5) The process to be used in recertifying the

8 safety, reliability, and performance of each weapon

9 type (including active weapons and inactive weap10 ons) in the enduring nuclear weapons stockpile.

11 (6) The manufacturing infrastructure required to

12 maintain the nuclear weapons stockpile stewardship

13 management program.

14 SEC. 3166. APPLICABILITY OF ATOMIC ENERGY COMMUNITY

15 ACT OF 1955 TO LOS ALAMOS, NEW MEXICO.

16 (a) DATE OF TRANSFER OF UTILITIES.—Section 72

17 of the Atomic Energy Community Act of 1955 (42 U.S.C.

18 2372) is amended by striking out ‘‘not later than five years

19 after the date it is included within this Act’’ and inserting

20 in lieu thereof ‘‘not later than June 30, 1998’’.

21 (b) DATE OF TRANSFER OF MUNICIPAL INSTALLA22 TIONS.—Section 83 of such Act (42 U.S.C. 2383) is amend23 ed by striking out ‘‘not later than five years after the date

24 it is included within this Act’’ and inserting in lieu thereof

25 ‘‘not later than June 30, 1998’’.
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1 (c) RECOMMENDATION FOR FURTHER ASSISTANCE

2 PAYMENTS.—Section 91 of such Act (42 U.S.C. 2391) is

3 amended—

4 (1) by striking out ‘‘, and the Los Alamos School

5 Board;’’ and all that follows through ‘‘county of Los

6 Alamos, New Mexico’’ and inserting in lieu thereof ‘‘;

7 or not later than June 30, 1996, in the case of the

8 Los Alamos School Board and the county of Los Ala9 mos, New Mexico’’; and

10 (2) by adding at the end the following new sen11 tence: ‘‘If the recommendation under the preceding

12 sentence regarding the Los Alamos School Board or

13 the county of Los Alamos, New Mexico, indicates a

14 need for further assistance for the school board or the

15 county, as the case may be, after June 30, 1997, the

16 recommendation shall include a report and plan de17 scribing the actions required to eliminate the need for

18 further assistance for the school board or the county,

19 including a proposal for legislative action to carry

20 out the plan.’’.

21 (d) CONTRACT TO MAKE PAYMENTS.—Section 94 of

22 such Act (42 U.S.C. 2394) is amended—

23 (1) by striking out ‘‘June 30, 1996’’ each place

24 it appears in the proviso in the first sentence and in25 serting in lieu thereof ‘‘June 30, 1997’’; and
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1 (2) by striking out ‘‘July 1, 1996’’ in the second

2 sentence and inserting in lieu thereof ‘‘July 1, 1997’’.

3 SEC. 3167. SENSE OF SENATE ON NEGOTIATIONS REGARD4 ING SHIPMENTS OF SPENT NUCLEAR FUEL

5 FROM NAVAL REACTORS.

6 (a) SENSE OF THE SENATE.—It is the sense of the Sen7 ate that the Secretary of Defense, the Secretary of Energy,

8 and the Governor of the State of Idaho should continue good

9 faith negotiations for the purpose of reaching an agreement

10 on the issue of shipments of spent nuclear fuel from naval

11 reactors.

12 (b) REPORT.—(1) Not later than September 15, 1995,

13 the Secretary of Defense shall submit to the Committee on

14 Armed Services of the Senate and the Committee on Na15 tional Security of the House of Representatives a written

16 report on the status or outcome of the negotiations urged

17 under subsection (a).

18 (2) The report shall include the following matters:

19 (A) If an agreement is reached, the terms of the

20 agreement, including the dates on which shipments of

21 spent nuclear fuel from naval reactors will resume.

22 (B) If an agreement is not reached—

23 (i) the Secretary’s evaluation of the issues

24 remaining to be resolved before an agreement can

25 be reached;
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1 (ii) the likelihood that an agreement will be

2 reached before October 1, 1995; and

3 (iii) the steps that must be taken regarding

4 the shipment of spent nuclear fuel from naval re5 actors to ensure that the Navy can meet the na6 tional security requirements of the United States.

7 TITLE XXXII—DEFENSE NU8 CLEAR FACILITIES SAFETY

9 BOARD

10 SEC. 3201. AUTHORIZATION.

11 There are authorized to be appropriated for fiscal year

12 1996, $17,000,000 for the operation of the Defense Nuclear

13 Facilities Safety Board under chapter 21 of the Atomic En14 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

15 TITLE XXXIII—NAVAL

16 PETROLEUM RESERVES

17 SEC. 3301. SALE OF NAVAL PETROLEUM RESERVE NUM18 BERED 1 (ELK HILLS).

19 (a) SALE OF ELK HILLS UNIT REQUIRED.—(1) Chap20 ter 641 of title 10, United States Code, is amended by in21 serting after section 7421 the following new section:

22 ‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered

23 1 (Elk Hills)

24 ‘‘(a) SALE REQUIRED.—(1) Notwithstanding any

25 other provision of this chapter other than section 7431(a)(2)
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1 of this title, the Secretary shall sell all right, title, and inter2 est of the United States in and to lands owned or controlled

3 by the United States inside Naval Petroleum Reserve Num4 bered 1, commonly referred to as the Elk Hills Unit, located

5 in Kern County, California, and established by Executive

6 order of the President, dated September 2, 1912. Subject

7 to subsection (j), within one year after the effective date,

8 the Secretary shall enter into one or more contracts for the

9 sale of all of the interest of the United States in the reserve.

10 ‘‘(2) In this section:

11 ‘‘(A) The term ‘reserve’ means Naval Petroleum

12 Reserve Numbered 1.

13 ‘‘(B) The term ‘unit plan contract’ means the

14 unit plan contract between equity owners of the lands

15 within the boundaries of Naval Petroleum Reserve

16 Numbered 1 entered into on June 19, 1944.

17 ‘‘(C) The term ‘effective date’ means the date of

18 the enactment of the National Defense Authorization

19 Act for Fiscal Year 1996.

20 ‘‘(b) EQUITY FINALIZATION.—(1) Not later than three

21 months after the effective date, the Secretary shall finalize

22 equity interests of the known oil and gas zones in Naval

23 Petroleum Reserve Numbered 1 in the manner provided by

24 this subsection.
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1 ‘‘(2) The Secretary shall retain the services of an inde2 pendent petroleum engineer, mutually acceptable to the eq3 uity owners, who shall prepare a recommendation on final

4 equity figures. The Secretary may accept the recommenda5 tion of the independent petroleum engineer for final equity

6 in each known oil and gas zone and establish final equity

7 interest in the Naval Petroleum Reserve Numbered 1 in ac8 cordance with such recommendation, or the Secretary may

9 use such other method to establish final equity interest in

10 the reserve as the Secretary considers appropriate.

11 ‘‘(3) If, on the effective date, there is an ongoing equity

12 redetermination dispute between the equity owners under

13 section 9(b) of the unit plan contract, such dispute shall

14 be resolved in the manner provided in the unit plan con15 tract within five months after the effective date. Such reso16 lution shall be considered final for all purposes under this

17 section.

18 ‘‘(c) TIMING AND ADMINISTRATION OF SALE.—(1) Not

19 later than two months after the effective date, the Secretary

20 shall publish a notice of intent to sell the Naval Petroleum

21 Reserve Numbered 1. The Secretary shall make all technical,

22 geological, and financial information relevant to the sale

23 of the reserve available to all interested and qualified buyers

24 upon request. The Secretary, in consultation with the Ad25 ministrator of General Services, shall ensure that the sale
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1 process is fair and open to all interested and qualified par2 ties.

3 ‘‘(2)(A) Not later than two months after the effective

4 date, the Secretary shall retain the services of five independ5 ent experts in the valuation of oil and gas fields to conduct

6 separate assessments, in a manner consistent with commer7 cial practices, of the value of the interest of the United

8 States in Naval Petroleum Reserve Numbered 1. In making

9 their assessments, the independent experts shall consider

10 (among other factors) all equipment and facilities to be in11 cluded in the sale, the estimated quantity of petroleum and

12 natural gas in the reserve, and the net present value of the

13 anticipated revenue stream that the Secretary and the Di14 rector of the Office of Management and Budget jointly deter15 mine the Treasury would receive from the reserve if the re16 serve were not sold, adjusted for any anticipated increases

17 in tax revenues that would result if the reserve were sold.

18 The independent experts shall complete their assessments

19 within six months after the effective date.

20 ‘‘(B) The independent experts shall also determine and

21 submit to the Secretary the estimated total amount of the

22 cost of any environmental restoration and remediation nec23 essary at the reserve. The Secretary shall report the estimate

24 to the Director of the Office of Management and Budget,

25 the Secretary of the Treasury, and Congress.
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1 ‘‘(C) The Secretary, in consultation with the Director

2 of the Office of Management and Budget, shall set the mini3 mum acceptable price for the reserve. The Secretary may

4 not set the minimum acceptable price below the average of

5 three of the assessments (after excluding the high and low

6 assessments) made under subparagraph (A).

7 ‘‘(3) Not later than two months after the effective date,

8 the Secretary shall retain the services of an investment

9 banker to independently administer, in a manner consistent

10 with commercial practices and in a manner that maximizes

11 sale proceeds to the Government, the sale of Naval Petro12 leum Reserve Numbered 1 under this section. Notwithstand13 ing section 7433(b) of this title, costs and fees of retaining

14 the investment banker shall be paid out of the proceeds of

15 the sale of the reserve.

16 ‘‘(4)(A) Not later than six months after the effective

17 date, the investment banker serving as the sales adminis18 trator under paragraph (3) shall complete a draft contract

19 or contracts for the sale of Naval Petroleum Reserve Num20 bered 1, which shall accompany the invitation for bids and

21 describe the terms and provisions of the sale of the interest

22 of the United States in the reserve.

23 ‘‘(B) The draft contract or contracts shall identify—

24 ‘‘(i) all equipment and facilities to be included

25 in the sale; and
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1 ‘‘(ii) any potential claim or liability (including

2 liability for environmental restoration and remedi3 ation), and the extent of any such claim or liability,

4 for which the United States is responsible under sub5 section (d).

6 ‘‘(C) The draft contract or contracts, including the

7 terms and provisions of the sale of the interest of the United

8 States in the reserve, shall be subject to review and approval

9 by the Secretary, the Secretary of the Treasury, and the

10 Director of the Office of Management and Budget. Each of

11 those officials shall complete the review of, and approve or

12 disapprove, the draft contract or contracts not later than

13 seven months after the effective date.

14 ‘‘(5) Not later than seven months after the effective

15 date, the Secretary shall publish an invitation for bids for

16 the purchase of the reserve.

17 ‘‘(6) Not later than 10 months after the effective date,

18 the Secretary shall identify the highest responsible offer or

19 offers for purchase of the interest of the United States in

20 Naval Petroleum Reserve Numbered 1 that, in total, meet

21 or exceed the minimum acceptable price determined under

22 paragraph (2).

23 ‘‘(7) The Secretary shall take such action immediately

24 after the effective date as is necessary to obtain from an

25 independent petroleum engineer within six months after
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1 that date a certification regarding the quantity of the con2 tent of the reserve. The Secretary shall use the certification

3 in support of the preparation of the invitation for bids.

4 ‘‘(d) FUTURE LIABILITIES.—The United States shall

5 hold harmless and fully indemnify the purchaser or pur6 chasers (as the case may be) of the interest of the United

7 States in Naval Petroleum Reserve Numbered 1 from and

8 against any claim or liability as a result of ownership in

9 the reserve by the United States, including any claim re10 ferred to in subsection (e).

11 ‘‘(e) TREATMENT OF STATE OF CALIFORNIA CLAIM.—

12 After the costs incurred in the conduct of the sale of Naval

13 Petroleum Reserve Numbered 1 under this section are de14 ducted, seven percent of the remaining proceeds from the

15 sale of the reserve shall be reserved in a contingent fund

16 in the Treasury (for a period not to exceed 10 years after

17 the effective date) for payment to the State of California

18 in the event that, and to the extent that, the claims of the

19 State against the United States regarding production and

20 proceeds of sale from Naval Petroleum Reserve Numbered

21 1 are resolved in favor of the State by a court of competent

22 jurisdiction. Funds in the contingent fund shall be available

23 for paying any such claim to the extent provided in appro24 priation Acts. After final disposition of the claims, any un-
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1 obligated balance in the contingent fund shall be credited

2 to the general fund of the Treasury.

3 ‘‘(f) MAINTAINING ELK HILLS UNIT PRODUCTION.—

4 Until the sale of Naval Petroleum Reserve Numbered 1 is

5 completed under this section, the Secretary shall continue

6 to produce the reserve at the maximum daily oil or gas rate

7 from a reservoir, which will permit maximum economic de8 velopment of the reservoir consistent with sound oil field

9 engineering practices in accordance with section 3 of the

10 unit plan contract. The definition of maximum efficient

11 rate in section 7420(6) of this title shall not apply to the

12 reserve.

13 ‘‘(g) EFFECT ON EXISTING CONTRACTS.—(1) In the

14 case of any contract, in effect on the effective date, for the

15 purchase of production from any part of the United States’

16 share of Naval Petroleum Reserve Numbered 1, the sale of

17 the interest of the United States in the reserve shall be sub18 ject to the contract for a period of three months after the

19 closing date of the sale or until termination of the contract,

20 whichever occurs first. The term of any contract entered

21 into after the effective date for the purchase of such produc22 tion shall not exceed the anticipated closing date for the

23 sale of the reserve.

24 ‘‘(2) The Secretary shall exercise the termination pro25 cedures provided in the contract between the United States
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1 and Bechtel Petroleum Operation, Inc., Contract Number

2 DE–ACO1–85FE60520 so that the contract terminates not

3 later than the date of closing of the sale of Naval Petroleum

4 Reserve Numbered 1 under subsection (c).

5 ‘‘(3) The Secretary shall exercise the termination pro6 cedures provided in the unit plan contract so that the unit

7 plan contract terminates not later than the date of closing

8 of the sale of reserve.

9 ‘‘(h) EFFECT ON ANTITRUST LAWS.—Nothing in this

10 section shall be construed to alter the application of the

11 antitrust laws of the United States to the purchaser or pur12 chasers (as the case may be) of Naval Petroleum Reserve

13 Numbered 1 or to the lands in the reserve subject to sale

14 under this section upon the completion of the sale.

15 ‘‘(i) PRESERVATION OF PRIVATE RIGHT, TITLE, AND

16 INTEREST.—Nothing in this section shall be construed to

17 adversely affect the ownership interest of any other entity

18 having any right, title, and interest in and to lands within

19 the boundaries of Naval Petroleum Reserve Numbered 1 and

20 which are subject to the unit plan contract.

21 ‘‘(j) NOTICE TO CONGRESS.—(1) Subject to paragraph

22 (2), the Secretary may not enter into any contract for the

23 sale of the reserve until the end of the 31-day period begin24 ning on the date on which the Secretary notifies the Com25 mittee on Armed Services of the Senate and the Committee
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1 on National Security and the Committee on Commerce of

2 the House of Representatives of the conditions of the pro3 posed sale.

4 ‘‘(2) If the Secretary receives only one offer for pur5 chase of the reserve or any subcomponent thereof, the Sec6 retary may not enter into a contract for the sale of the re7 serve unless—

8 ‘‘(A) the Secretary submits to Congress a notifi9 cation of the receipt of only one offer together with the

10 conditions of the proposed sale of the reserve or parcel

11 to the offeror; and

12 ‘‘(B) a joint resolution of approval described in

13 subsection (k) is enacted within 45 days after the date

14 of the notification.

15 ‘‘(k) JOINT RESOLUTION OF APPROVAL.—(1) For the

16 purpose of paragraph (2)(B) of subsection (j), ‘joint resolu17 tion of approval’ means only a joint resolution that is in18 troduced after the date on which the notification referred

19 to in that paragraph is received by Congress, and—

20 ‘‘(A) that does not have a preamble;

21 ‘‘(B) the matter after the resolving clause of

22 which reads only as follows: ‘That Congress approves

23 the proposed sale of Naval Petroleum Reserve Num24 bered 1 reported in the notification submitted to Con25 gress by the Secretary of Energy on llllll.’
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1 (the blank space being filled in with the appropriate

2 date); and

3 ‘‘(C) the title of which is as follows: ‘Joint reso4 lution approving the sale of Naval Petroleum Reserve

5 Numbered 1’.

6 ‘‘(2) A resolution described in paragraph (1) intro7 duced in the House of Representatives shall be referred to

8 the Committee on National Security of the House of Rep9 resentatives. A resolution described in paragraph (1) intro10 duced in the Senate shall be referred to the Committee on

11 Armed Services of the Senate. Such a resolution may not

12 be reported before the 8th day after its introduction.

13 ‘‘(3) If the committee to which is referred a resolution

14 described in paragraph (1) has not reported such resolution

15 (or an identical resolution) at the end of 15 calendar days

16 after its introduction, such committee shall be deemed to

17 be discharged from further consideration of such resolution

18 and such resolution shall be placed on the appropriate cal19 endar of the House involved.

20 ‘‘(4)(A) When the committee to which a resolution is

21 referred has reported, or has been deemed to be discharged

22 (under paragraph (3)) from further consideration of, a reso23 lution described in paragraph (1), it is at any time there24 after in order (even though a previous motion to the same

25 effect has been disagreed to) for any Member of the respec-
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1 tive House to move to proceed to the consideration of the

2 resolution, and all points of order against the resolution

3 (and against consideration of the resolution) are waived.

4 The motion is highly privileged in the House of Representa5 tives and is privileged in the Senate and is not debatable.

6 The motion is not subject to amendment, or to a motion

7 to postpone, or to a motion to proceed to the consideration

8 of other business. A motion to reconsider the vote by which

9 the motion is agreed to or disagreed to shall not be in order.

10 If a motion to proceed to the consideration of the resolution

11 is agreed to, the resolution shall remain the unfinished busi12 ness of the respective House until disposed of.

13 ‘‘(B) Debate on the resolution, and on all debatable

14 motions and appeals in connection therewith, shall be lim15 ited to not more than 10 hours, which shall be divided

16 equally between those favoring and those opposing the reso17 lution. A motion further to limit debate is in order and

18 not debatable. An amendment to, or a motion to postpone,

19 or a motion to proceed to the consideration of other busi20 ness, or a motion to recommit the resolution is not in order.

21 A motion to reconsider the vote by which the resolution is

22 agreed to or disagreed to is not in order.

23 ‘‘(C) Immediately following the conclusion of the de24 bate on a resolution described in paragraph (2), and a sin25 gle quorum call at the conclusion of the debate if requested
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1 in accordance with the rules of the appropriate House, the

2 vote on final passage of the resolution shall occur.

3 ‘‘(D) Appeals from the decisions of the Chair relating

4 to the application of the rules of the Senate or the House

5 of Representatives, as the case may be, to the procedure re6 lating to a resolution described in paragraph (1) shall be

7 decided without debate.

8 ‘‘(5) If, before the passage by one House of a resolution

9 of that House described in paragraph (1), that House re10 ceives from the other House a resolution described in para11 graph (1), then the following procedures shall apply:

12 ‘‘(A) The resolution of the other House shall not

13 be referred to a committee.

14 ‘‘(B) With respect to a resolution described in

15 paragraph (2) of the House receiving the resolution—

16 ‘‘(i) the procedure in that House shall be the

17 same as if no resolution had been received from

18 the other House; but

19 ‘‘(ii) the vote on final passage shall be on

20 the resolution of the other House.

21 ‘‘(6) This subsection is enacted by Congress—

22 ‘‘(A) as an exercise of the rulemaking power of

23 the Senate and House of Representatives, respectively,

24 and as such it is deemed a part of the rules of each

25 House, respectively, but applicable only with respect
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1 to the procedure to be followed in that House in the

2 case of a resolution described in paragraph (1), and

3 it supersedes other rules only to the extent that it is

4 inconsistent with such rules; and

5 ‘‘(B) with full recognition of the constitutional

6 right of either House to change the rules (so far as re7 lating to the procedure of that House) at any time,

8 in the same manner, and to the same extent as in the

9 case of any other rule of that House.

10 ‘‘(l) NONCOMPLIANCE WITH DEADLINES.—If, at any

11 time during the one-year period beginning on the effective

12 date, the Secretary determines that the actions necessary

13 to complete the sale of the reserve within that period are

14 not being taken or timely completed, the Secretary shall

15 transmit to the Committee on Armed Services of the Senate

16 and the Committees on National Security and on Commerce

17 of the House of Representatives a notification of that deter18 mination together with a plan setting forth the actions that

19 will be taken to ensure that the sale of the reserve will be

20 completed within that period. The Secretary shall consult

21 with the Director of the Office of Management and Budget

22 in preparing the plan for submission to the committees.

23 ‘‘(m) OVERSIGHT.—The Comptroller General shall

24 monitor the actions of the Secretary relating to the sale of

25 the reserve and report to the Committee on Armed Services
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1 of the Senate and the Committee on National security of

2 the House of Representatives any findings on such actions

3 that the Comptroller General considers appropriate to re4 port to such committees.

5 ‘‘(n) ACQUISITION OF SERVICES.—The Secretary may

6 enter into contracts for the acquisition of services required

7 under this section under the authority of paragraph (7) of

8 section 303(c) of the Federal Property and Administrative

9 Services Act of 1949 (41 U.S.C. 253(c)), except that the no10 tification required under subparagraph (B) of such para11 graph for each contract shall be submitted to Congress not

12 less than 7 days before the award of the contract.

13 ‘‘(o) RECONSIDERATION OF PROCESS OF SALE.—(1) If

14 during the course of the sale of the reserve the Secretary

15 of Energy and the Director of the Office of Management

16 and Budget jointly determine that—

17 ‘‘(A) the sale is proceeding in a manner incon18 sistent with achievement of a sale price that reflects

19 the full value of the reserve, or

20 ‘‘(B) a course of action other than the immediate

21 sale of the reserve is in the best interests of the United

22 States,

23 the Secretary shall submit a notification of the determina24 tion to the Committee on Armed Services of the Senate and
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1 the Committees on National Security and on Commerce of

2 the House of Representatives.

3 ‘‘(2) After the Secretary submits a notification under

4 paragraph (1), the Secretary may not complete the sale the

5 reserve under this section unless there is enacted a joint res6 olution—

7 ‘‘(A) that is introduced after the date on which

8 the notification is received by the committees referred

9 to in such paragraph;

10 ‘‘(B) that does not have a preamble;

11 ‘‘(C) the matter after the resolving clause of

12 which reads only as follows: ‘That the Secretary of

13 Energy shall proceed with activities to sell Naval Pe14 troleum Reserve Numbered 1 in accordance with sec15 tion 7421a of title 10, United States Code, notwith16 standing the determination set forth in the notifica17 tion submitted to Congress by the Secretary of Energy

18 on llllll.’ (the blank space being filled in

19 with the appropriate date); and

20 ‘‘(D) the title of which is as follows: ‘Joint reso21 lution approving continuation of actions to sell Naval

22 Petroleum Reserve Numbered 1’.

23 ‘‘(3) Subsection (k), except for paragraph (1) of such

24 subsection, shall apply to the joint resolution described in

25 paragraph (2).’’.
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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 7421 the following new item:

‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are

5 authorized to be appropriated for fiscal year 1996 for carry6 ing out section 7421a of title 10, United States Code (as

7 added by subsection (a)), in the total amount of $7,000,000.

8 SEC. 3302. FUTURE OF NAVAL PETROLEUM RESERVES

9 (OTHER THAN NAVAL PETROLEUM RESERVE

10 NUMBERED 1).

11 (a) STUDY OF FUTURE OF PETROLEUM RESERVES.—

12 (1) The Secretary of Energy shall conduct a study to deter13 mine which of the following options, or combination of op14 tions, would maximize the value of the naval petroleum re15 serves to or for the United States:

16 (A) Transfer of all or a part of the naval petro17 leum reserves to the jurisdiction of the Department of

18 the Interior for leasing in accordance with the Min19 eral Leasing Act (30 U.S.C. 181 et seq.) and surface

20 management in accordance with the Federal Land

21 Policy and Management Act (43 U.S.C. 1701 et seq.).

22 (B) Lease of the naval petroleum reserves consist23 ent with the provisions of such Acts.

24 (C) Sale of the interest of the United States in

25 the naval petroleum reserves.
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1 (2) The Secretary shall retain such independent con2 sultants as the Secretary considers appropriate to conduct

3 the study.

4 (3) An examination of the value to be derived by the

5 United States from the transfer, lease, or sale of the naval

6 petroleum reserves under paragraph (1) shall include an

7 assessment and estimate, in a manner consistent with cus8 tomary property valuation practices in the oil industry, of

9 the fair market value of the interest of the United States

10 in the naval petroleum reserves.

11 (4) Not later than December 31, 1995, the Secretary

12 shall submit to Congress and make available to the public

13 a report describing the results of the study and containing

14 such recommendations as the Secretary considers appro15 priate to implement the option, or combination of options,

16 identified in the study that would maximize the value of

17 the naval petroleum reserves to or for the United States.

18 (b) IMPLEMENTATION OF RECOMMENDATIONS.—Not

19 earlier than 31 days after submitting to Congress the report

20 required under subsection (a)(4), and not later than Decem21 ber 31, 1996, the Secretary shall carry out the recommenda22 tions contained in the report.

23 (c) NAVAL PETROLEUM RESERVES DEFINED.—For

24 purposes of this section, the term ‘‘naval petroleum re25 serves’’ has the meaning given that term in section 7420(2)
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1 of title 10, United States Code, except that such term does

2 not include Naval Petroleum Reserve Numbered 1.

3 TITLE XXXIV—NATIONAL

4 DEFENSE STOCKPILE

5 SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

6 (a) OBLIGATIONS AUTHORIZED.—During fiscal year

7 1996, the National Defense Stockpile Manager may obligate

8 up to $77,100,000 of the funds in the National Defense

9 Stockpile Transaction Fund established under subsection

10 (a) of section 9 of the Strategic and Critical Materials Stock

11 Piling Act (50 U.S.C. 98h) for the authorized uses of such

12 funds under subsection (b)(2) of such section.

13 (b) ADDITIONAL OBLIGATIONS.—The National Defense

14 Stockpile Manager may obligate amounts in excess of the

15 amount specified in subsection (a) if the National Defense

16 Stockpile Manager notifies Congress that extraordinary or

17 emergency conditions necessitate the additional obligations.

18 The National Defense Stockpile Manager may make the ad19 ditional obligations described in the notification after the

20 end of the 45-day period beginning on the date Congress

21 receives the notification.

22 (c) LIMITATIONS.—The authorities provided by this

23 section shall be subject to such limitations as may be pro24 vided in appropriations Acts.
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1 SEC. 3402. DISPOSAL OF OBSOLETE AND EXCESS MATE2 RIALS CONTAINED IN THE NATIONAL DE3 FENSE STOCKPILE.

4 (a) DISPOSAL AUTHORIZED.—Subject to the condi5 tions specified in subsection (b), the President may dispose

6 of obsolete and excess materials currently contained in the

7 National Defense Stockpile in order to modernize the stock8 pile. The materials subject to disposal under this subsection

9 and the quantity of each material authorized to be disposed

10 of by the President are set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ..................................................................................... 62,881 short tons

Aluminum Oxide, Abrasive Grade ............................................. 2,456 short tons

Antimony ...................................................................................... 34 short tons

Bauxite, Metallurgical Grade, Jamaican .................................. 321,083 long dry

tons

Bauxite, Refractory ...................................................................... 53,788 long dry

tons

Beryllium, Copper Master Alloy ................................................. 7,387 short tons

Beryllium, Metal .......................................................................... 300 short tons

Chromite, Chemical Grade Ore ................................................... 34,709 short dry

tons

Chromite, Metallurgical Grade Ore ............................................ 580,700 short dry

tons

Chromite, Refractory Grade Ore ................................................. 159,282, short dry

tons

Chromium, Ferro Group ............................................................. 712,362 short tons

Chromium Metal .......................................................................... 2,971 short tons

Cobalt ............................................................................................ 27,868,181 pounds

of contained cobalt

Columbium Group ....................................................................... 2,871,194 pounds of

contained columbium

Diamond, Bort ............................................................................. 61,542 carats

Diamond Stones ........................................................................... 3,030,087 carats

Fluorspar, Acid Grade ................................................................. 28,047 short dry

tons

Germanium Metal ........................................................................ 53,200 kilograms

Graphite, Natural, Ceylon Lump ............................................... 5,492 short tons

Iodine ............................................................................................ 871 pounds

Indium .......................................................................................... 50,205 troy ounces

Jewel bearings .............................................................................. 30,237,764 pieces

Manganese, Ferro, High Carbon ................................................. 230,481 short tons

Manganese, Ferro, Medium Carbon ............................................ 19,752 short tons

Manganese, Ferro, Silicon ........................................................... 202 short tons

Mica, Muscovite Block, Stained and Better ............................... 325,896 pounds
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Authorized Stockpile Disposals—Continued

Material for disposal Quantity

Mica, Phlogopite Block ................................................................ 130,745 pounds

Morphine, Sulfate & Analgesic, Refined .................................... 5,679 pounds of anhydrous morphine alkaloid

Nickel ............................................................................................ 887 short tons

Platinum ....................................................................................... 252,641 troy ounces

Palladium ..................................................................................... 1,064,601 troy

ounces

Rubber, Natural ........................................................................... 25,138 long tons

Rutile ............................................................................................ 257 short dry tons

Talc, Block & Lump .................................................................... 2 short tons

Tantalum, Carbide Powder ......................................................... 28,688 pounds of

contained tantalum

Tantalum, Minerals ..................................................................... 2,575,234 pounds of

contained tantalum

Tantalum, Oxide .......................................................................... 163,691 pounds of

contained tantalum

Thorium Nitrate ........................................................................... 551,687 pounds

Tin ................................................................................................. 1,077 metric tons

Titanium Sponge ......................................................................... 24,830 short tons

Tungsten Group ........................................................................... 82,312,516 pounds

of contained

tungsten

Vegetable Tannin, Chestnut ......................................................... 15 long tons

Zirconium ..................................................................................... 15,991 short dry

tons

1 (b) CONDITIONS ON DISPOSAL.—The authority of the

2 President under subsection (a) to dispose of materials stored

3 in the stockpile may not be used unless and until the Sec4 retary of Defense certifies to Congress that the disposal of

5 such materials will not adversely affect the capability of

6 the National Defense Stockpile to supply the strategic and

7 critical materials necessary to meet the needs of the United

8 States during a period of national emergency that requires

9 a significant level of mobilization of the economy of the

10 United States, including any reconstitution of the military

11 and industrial capabilities necessary to meet the planning

12 assumptions used by the Secretary of Defense under section
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1 14(b) of the Strategic and Critical Materials Stock Piling

2 Act (50 U.S.C. 98h–5(b)).

3 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR4 ITY.—The disposal authority provided in subsection (a) is

5 in addition to any other disposal authority provided by

6 law.

7 SEC. 3403. DISPOSAL OF CHROMITE AND MANGANESE ORES

8 AND CHROMIUM FERRO AND MANGANESE

9 METAL ELECTROLYTIC.

10 (a) DOMESTIC UPGRADING.—In offering to enter into

11 agreements pursuant to any provision of law for the dis12 posal from the National Defense Stockpile of chromite and

13 manganese ores of metallurgical grade or chromium ferro

14 and manganese metal electrolytic, the President shall give

15 a right of first refusal on all such offers to domestic

16 ferroalloy upgraders.

17 (b) DOMESTIC FERROALLOY UPGRADER DEFINED.—

18 For purposes of this section, the term ‘‘domestic ferroalloy

19 upgrader’’ means a company or other business entity that,

20 as determined by the President—

21 (1) is engaged in operations to upgrade chromite

22 or manganese ores of metallurgical grade or chro23 mium ferro and manganese metal electrolytic; and
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1 (2) conducts a significant level of its research,

2 development, engineering, and upgrading operations

3 in the United States.

4 SEC. 3404. RESTRICTIONS ON DISPOSAL OF MANGANESE

5 FERRO.

6 (a) DISPOSAL OF LOWER GRADE MATERIAL FIRST.—

7 The President may not dispose of high carbon manganese

8 ferro in the National Defense Stockpile that meets the Na9 tional Defense Stockpile classification of Grade One, Speci10 fication 30(a), as revised on May 22, 1992, until completing

11 the disposal of all manganese ferro in the National Defense

12 Stockpile that does not meet such classification. The Presi13 dent may not reclassify manganese ferro in the National

14 Defense Stockpile after the date of the enactment of this Act.

15 (b) REQUIREMENT FOR REMELTING BY DOMESTIC

16 FERROALLOY PRODUCERS.—Manganese ferro in the Na17 tional Defense Stockpile that does not meet the classification

18 specified in subsection (a) may be sold only for remelting

19 by a domestic ferroalloy producer.

20 (c) DOMESTIC FERROALLOY PRODUCER DEFINED.—

21 For purposes of this section, the term ‘‘domestic ferroalloy

22 producer’’ means a company or other business entity that,

23 as determined by the President—
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1 (1) is engaged in operations to upgrade man2 ganese ores of metallurgical grade or manganese ferro;

3 and

4 (2) conducts a significant level of its research,

5 development, engineering, and upgrading operations

6 in the United States.

7 SEC. 3405. EXCESS DEFENSE-RELATED MATERIALS: TRANS8 FER TO STOCKPILE AND DISPOSAL.

9 (a) TRANSFER AND DISPOSAL.—The Strategic and

10 Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.)

11 is amended by adding at the end the following:

12 ‘‘EXCESS DEFENSE-RELATED MATERIALS: TRANSFER TO

13 STOCKPILE AND DISPOSAL

14 ‘‘SEC. 17. (a) The Secretary of Energy, in consultation

15 with the Secretary of Defense, shall transfer to the stockpile

16 for disposal in accordance with this Act uncontaminated

17 materials that are in the inventory of Department of En18 ergy materials for production of defense-related items, are

19 excess to the requirements of the department for that pur20 pose, and are suitable for transfer to the stockpile and dis21 posal through the stockpile.

22 ‘‘(b) The Secretary of Defense shall determine whether

23 materials are suitable for transfer to the stockpile under this

24 section, are suitable for disposal through the stockpile, and

25 are uncontaminated.’’.
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1 (b) CONFORMING AMENDMENT.—Section 4(a) of such

2 Act (50 U.S.C. 98c(a)) is amended by adding at the end

3 the following:

4 ‘‘(10) Materials transferred to the stockpile under

5 section 17.’’.

6 TITLE XXXV—PANAMA CANAL

7 COMMISSION

8 SEC. 3501. SHORT TITLE.

9 This title may be cited as the ‘‘Panama Canal Com10 mission Authorization Act for Fiscal Year 1996’’.

11 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

12 (a) IN GENERAL.—Subject to subsection (b), the Pan13 ama Canal Commission is authorized to make such expend14 itures within the limits of funds and borrowing authority

15 available to it in accordance with law, and to make such

16 contracts and commitments without regard to fiscal year

17 limitations, as may be necessary under the Panama Canal

18 Act of 1979 (22 U.S.C. 3601 et seq.) for the operation,

19 maintenance, and improvement of the Panama Canal for

20 fiscal year 1996.

21 (b) LIMITATIONS.—For fiscal year 1996, the Panama

22 Canal Commission may expend from funds in the Panama

23 Canal Revolving Fund not more than $50,741,000 for ad24 ministrative expenses, of which not more than—
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1 (1) $15,000 may be used for official reception

2 and representation expenses of the Supervisory Board

3 of the Commission;

4 (2) $10,000 may be used for official reception

5 and representation expenses of the Secretary of the

6 Commission; and

7 (3) $45,000 may be used for official reception

8 and representation expenses of the Administrator of

9 the Commission.

10 (c) REPLACEMENT VEHICLES.—Funds available to the

11 Panama Canal Commission shall be available for the pur12 chase of not to exceed 38 passenger motor vehicles (including

13 large heavy-duty vehicles to be used to transport Commis14 sion personnel across the isthmus of Panama) at a cost per

15 vehicle of not more than $19,500. A vehicle may be pur16 chased with such funds only as necessary to replace another

17 passenger motor vehicle of the Commission.

18 DIVISION D—INFORMATION

19 TECHNOLOGY MANAGEMENT

20 REFORM

21 SEC. 4001. SHORT TITLE.

22 This division may be cited as the ‘‘Information Tech23 nology Management Reform Act of 1995’’.

24 SEC. 4002. FINDINGS.

25 Congress makes the following findings:
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1 (1) Federal information systems are critical to

2 the lives of every American.

3 (2) The efficiency and effectiveness of the Federal

4 Government is dependent upon the effective use of in5 formation.

6 (3) The Federal Government annually spends

7 billions of dollars operating obsolete information sys8 tems.

9 (4) The use of obsolete information systems se10 verely limits the quality of the services that the Fed11 eral Government provides, the efficiency of Federal

12 Government operations, and the capabilities of the

13 Federal Government to account for how taxpayer dol14 lars are spent.

15 (5) The failure to modernize Federal Government

16 information systems and the operations they support,

17 despite efforts to do so, has resulted in the waste of

18 billions of dollars that cannot be recovered.

19 (6) Despite improvements achieved through im20 plementation of the Chief Financial Officers Act of

21 1990, most Federal agencies cannot track the expendi22 tures of Federal dollars and, thus, expose the tax23 payers to billions of dollars in waste, fraud, abuse,

24 and mismanagement.
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1 (7) Poor planning and program management

2 and an overburdened acquisition process have resulted

3 in the American taxpayers not getting their money’s

4 worth from the expenditure of $200,000,000,000 on

5 information systems during the decade preceding the

6 enactment of this Act.

7 (8) The Federal Government’s investment control

8 processes focus too late in the system lifecycle, lack

9 sound capital planning, and pay inadequate atten10 tion to business process improvement, performance

11 measurement, project milestones, or benchmarks

12 against comparable organizations.

13 (9) Many Federal agencies lack adequate person14 nel with the basic skills necessary to effectively and ef15 ficiently use information technology and other infor16 mation resources in support of agency programs and

17 missions.

18 (10) Federal regulations governing information

19 technology acquisitions are outdated, focus on paper20 work and process rather than results, and prevent the

21 Federal Government from taking timely advantage of

22 the rapid advances taking place in the competitive

23 and fast changing global information technology in24 dustry.
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1 (11) Buying, leasing, or developing information

2 systems should be a top priority for Federal agency

3 management because the high potential for the sys4 tems to substantially improve Federal Government

5 operations, including the delivery of services to the

6 public.

7 (12) Structural changes in the Federal Govern8 ment, including elimination of the Brooks Act (sec9 tion 111 of the Federal Property and Administrative

10 Services Act of 1949), are necessary in order to im11 prove Federal information management and to facili12 tate Federal Government acquisition of the state-of13 the-art information technology that is critical for im14 proving the efficiency and effectiveness of Federal

15 Government operations.

16 SEC. 4003. PURPOSES.

17 The purposes of this division are as follows:

18 (1) To create incentives for the Federal Govern19 ment to strategically use information technology in

20 order to achieve efficient and effective operations of

21 the Federal Government, and to provide cost effective

22 and efficient delivery of Federal Government services

23 to the taxpayers.
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1 (2) To provide for the cost effective and timely

2 acquisition, management, and use of effective infor3 mation technology solutions.

4 (3) To transform the process-oriented procure5 ment system of the Federal Government, as it relates

6 to the acquisition of information technology, into a

7 results-oriented procurement system.

8 (4) To increase the responsibility and authority

9 of officials of the Office of Management and Budget

10 and other Federal Government agencies, and the ac11 countability of such officials to Congress and the pub12 lic, in the use of information technology and other in13 formation resources in support of agency missions.

14 (5) To ensure that Federal Government agencies

15 are responsible and accountable for achieving service

16 delivery levels and project management performance

17 comparable to the best in the private sector.

18 (6) To promote the development and operation of

19 multiple-agency and Governmentwide, inter-operable,

20 shared information resources to support the perform21 ance of Federal Government missions.

22 (7) To reduce fraud, waste, abuse, and errors re23 sulting from a lack of, or poor implementation of,

24 Federal Government information systems.
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1 (8) To increase the capability of the Federal

2 Government to restructure and improve processes be3 fore applying information technology.

4 (9) To increase the emphasis placed by Federal

5 agency managers on completing effective capital plan6 ning and process improvement before applying infor7 mation technology to the execution of plans and the

8 performance of agency missions.

9 (10) To coordinate, integrate, and, to the extent

10 practicable, establish uniform Federal information re11 sources management policies and practices in order to

12 improve the productivity, efficiency, and effectiveness

13 of Federal Government programs and the delivery of

14 services to the public.

15 (11) To strengthen the partnership between the

16 Federal Government and State, local, and tribal gov17 ernments for achieving Federal Government missions,

18 goals, and objectives.

19 (12) To provide for the development of a well20 trained core of professional Federal Government in21 formation resources managers.

22 (13) To improve the ability of agencies to share

23 expertise and best practices and coordinate the devel24 opment of common application systems and infra25 structure.
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1 SEC. 4004. DEFINITIONS.

2 In this division:

3 (1) INFORMATION RESOURCES.—The term ‘‘in4 formation resources’’ means information and related

5 resources such as personnel, equipment, funds, and

6 information technology, but does not include informa7 tion resources which support national security sys8 tems.

9 (2) INFORMATION RESOURCES MANAGEMENT.—

10 The term ‘‘information resources management’’ means

11 the process of managing information resources to ac12 complish agency missions and to improve agency per13 formance, including through the reduction of informa14 tion collection burdens on the public.

15 (3) INFORMATION SYSTEM.—The term ‘‘informa16 tion system’’ means a discrete set of information re17 sources organized for the collection, processing, main18 tenance, use, sharing, dissemination, or disposition of

19 information.

20 (4) INFORMATION TECHNOLOGY.—The term ‘‘in21 formation technology’’, with respect to an executive

22 agency—

23 (A) means any equipment or interconnected

24 system or subsystem of equipment, that is used

25 in the automatic acquisition, storage, manipula26 tion, management, movement, control, display,
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1 switching, interchange, transmission, or recep2 tion of data or information by the executive

3 agency or under a contract with the executive

4 agency which (i) requires the use of such system

5 or subsystem of equipment, or (ii) requires the

6 use, to a significant extent, of such system or

7 subsystem of equipment in the performance of a

8 service or the furnishing of a product; and in9 cludes computers; ancillary equipment; software,

10 firmware and similar procedures; services, in11 cluding support services; and related resources;

12 (B) does not include any such equipment

13 that is acquired by a Federal contractor inciden14 tal to a Federal contract; and

15 (C) does not include information technology

16 contained in national security systems.

17 (5) EXECUTIVE DEPARTMENT.—The term ‘‘execu18 tive department’’ means an executive department

19 specified in section 101 of title 5, United States Code.

20 (6) EXECUTIVE AGENCY.—The term ‘‘executive

21 agency’’ has the meaning given the term in section

22 4(1) of the Office of Federal Procurement Policy Act

23 (41 U.S.C. 403(1)).

24 (7) COMMERCIAL ITEM.—The term ‘‘commercial

25 item’’ has the meaning given that term in section
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1 4(12) of the Office of Federal Procurement Policy Act

2 (41 U.S.C. 403(12)).

3 (8) NONDEVELOPMENTAL ITEM.—The term

4 ‘‘nondevelopmental item’’ has the meaning given that

5 term in section 4(13) of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 403(13)).

7 (9) INFORMATION ARCHITECTURE.—The term

8 ‘‘information architecture’’, with respect to an execu9 tive agency, means a framework or plan for evolving

10 or maintaining existing information technology, ac11 quiring new information technology, and integrating

12 the agency’s information technology to achieve the

13 agency’s strategic goals and information resources

14 management goals.

15 (10) NATIONAL SECURITY SYSTEMS.—The term

16 ‘‘national security systems’’ are those telecommuni17 cations and information systems operated by the

18 United States Government, the function, operation, or

19 use of which: (A) involve intelligence activities; (B)

20 involve cryptologic activities related to national secu21 rity; (C) involves the command and control of mili22 tary forces; (D) involves equipment that is an inte23 gral part of a weapon or weapons system; or (E) is

24 critical to the direct fulfillment of military or intel25 ligence missions, but does not include systems to be
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1 used for routine administrative and business applica2 tions (including payroll, finance, logistics, and per3 sonnel management applications).

4 (11) DIRECTOR.—The term ‘‘Director’’ means

5 the Director of the Office of Management and Budget.

6 SEC. 4005. APPLICATIONS OF EXCLUSIONS.

7 IN GENERAL.—The exclusions for national security

8 systems provided in section 4004 of the division apply only

9 in title XLI of this division unless otherwise provided in

10 that title.

11 TITLE XLI—RESPONSIBILITY

12 FOR ACQUISITIONS OF INFOR13 MATION TECHNOLOGY

14 Subtitle A—General Authority

15 SEC. 4101. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES.

16 The heads of the executive agencies may conduct acqui17 sitions of information technology pursuant to their respec18 tive authorities.

19 SEC. 4102. REPEAL OF CENTRAL AUTHORITY OF THE AD20 MINISTRATOR OF GENERAL SERVICES.

21 Section 111 of the Federal Property and Administra22 tive Services Act of 1949 (40 U.S.C. 759) is repealed.
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1 Subtitle B—Director of the Office of

2 Management and Budget

3 SEC. 4121. RESPONSIBILITY OF DIRECTOR.

4 (a) In fulfilling the responsibility to administer the

5 functions assigned under chapter 35 of title 44, United

6 States Code, the Director shall comply with this subtitle

7 with respect to the specific matters covered by this subtitle.

8 (b) This subtitle shall sunset on September 30, 2001,

9 after which the Director may continue to comply with this

10 subtitle.

11 SEC. 4122. CAPITAL PLANNING AND INVESTMENT CONTROL.

12 (a) With respect to the responsibilities under section

13 3504(h) of title 44, United States Code, the Director shall—

14 (1) promote and be responsible for improving the

15 acquisition, use and disposal of information tech16 nology by the Federal Government to improve the

17 productivity, efficiency, and effectiveness of Federal

18 programs, including through dissemination of public

19 information and the reduction of information collec20 tion burdens on the public;

21 (2) develop, as part of the budget process, a proc22 ess for analyzing, tracking and evaluating the risk

23 and results of all major agency capital investments or

24 information systems over the life of the system:
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1 (A) The process should identify opportuni2 ties for interagency cooperation, ensure the suc3 cess of high risk and high return investments,

4 but not duplicate or supplant existing agency in5 vestment development and control processes.

6 (B) The process should include development

7 of explicit criteria for analyzing the projected

8 and actual cost, benefit and risk of information

9 systems investments. As part of the process three

10 categories of information systems investments

11 should be identified:

12 (i) HIGH RISK.—Those projects that,

13 by virtue of their size, complexity, use of in14 novative technology or other factors have an

15 especially high risk of failure.

16 (ii) HIGH RETURN.—Those projects

17 that, by virtue of their total potential bene18 fits in proportion to their costs, have par19 ticularly unique value to the public.

20 (iii) CROSSCUTTING.—Those projects of

21 individual agencies with shared benefit to

22 or impact on other Federal agencies and

23 State or local governments that require en24 forcement of operational standards or elimi25 nation of redundancies.
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1 (C) Each annual budget submission shall

2 include a report to Congress on the net program

3 performance benefits achieved by major informa4 tion systems investments and how these benefits

5 support the accomplishment of agency goals.

6 (D) This process shall be performed with the

7 assistance of and advice from the Chief Informa8 tion Officers Council and appropriate inter9 agency functional groups.

10 (E) The process shall ensure that agency in11 formation resources management plans are inte12 grated into agency’s program plans and budgets

13 for acquisition and use of information technology

14 to improve agency performance and the accom15 plishment of agency missions.

16 (3) in consultation with the Director of the Na17 tional Institute of Standards and Technology, oversee

18 the development and implementation of information

19 technology standards by the Secretary of Commerce

20 under section 4 of Public Law 100–235;

21 (4) designate (as the Director considers appro22 priate) one or more heads of executive agencies as an

23 executive agent to contract for Governmentwide acqui24 sition of information technology;
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1 (5) encourage the executive agencies to develop

2 and use the best practices in the acquisition of infor3 mation technology by—

4 (A) identifying and collecting information

5 regarding the best practices, including informa6 tion on the development and implementation of

7 the best practices by the executive agencies; and

8 (B) providing the executive agencies with

9 information on the best practices and with ad10 vice and assistance regarding use of the best

11 practices.

12 (6) assess, on a continuing basis, the experiences

13 of executive agencies, State and local governments,

14 international organizations, and the private sector in

15 managing information technology;

16 (7) compare the performances of the executive

17 agencies in using information technology and dis18 seminate the comparisons to the executive agencies;

19 (8) monitor the development and implementation

20 of training in the management of information tech21 nology for executive agency management personnel

22 and staff;

23 (9) keep Congress fully informed on the extent to

24 which the executive agencies are improving program

25 performance and the accomplishment of agency mis-
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1 sions through the use of the best practices in informa2 tion technology;

3 (10) coordinate the development and review by

4 the Office of Information and Regulatory Affairs of

5 policy associated with Federal procurement and ac6 quisition of information technology with the Office of

7 Federal Procurement Policy; and

8 (11) seek and give due weight to the advice given

9 by the Chief Information Officers Council or inter10 agency functional groups regarding the performance

11 of any responsibility of the Director under this sub12 section.

13 (b) The heads of executive agencies shall apply the Of14 fice of Management and Budget’s guidelines promulgated

15 pursuant to this section to national security systems only

16 to the maximum extent practicable.

17 SEC. 4123. PERFORMANCE-BASED AND RESULTS-BASED

18 MANAGEMENT.

19 (a) The Director shall encourage performance and re20 sults based management in fulfilling the responsibilities as21 signed under section 3504(h), of title 44, United States

22 Code.

23 (1) EVALUATION OF AGENCY PROGRAMS AND IN24 VESTMENTS.—
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1 (A) REQUIREMENT.—The Director of the

2 Office of Management and Budget shall evaluate

3 the information resources management practices

4 of the executive agencies with respect to the per5 formance and results of the information tech6 nology investments of executive agencies.

7 (B) CONSIDERATION OF ADVICE AND REC8 OMMENDATIONS.—In performing the evaluation,

9 the Director shall consider any advice and rec10 ommendations provided by the Chief Information

11 Officers Council or any interagency functional

12 group.

13 (2) GUIDANCE.—The Director shall issue clear

14 and concise guidance to ensure that—

15 (A) an agency and its major subcomponents

16 institutes effective and efficient capital planning

17 processes to select, control and evaluate the re18 sults of all its major information systems invest19 ments;

20 (B) an agency determines, prior to making

21 investments in new information systems—

22 (i) whether the function to be sup23 ported should be performed in the private

24 sector rather than by an agency of the Fed25 eral Government and, if so, whether the
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1 component of the agency performing that

2 function should be converted from a govern3 mental organization to a private sector or4 ganization; or

5 (ii) whether the function should be per6 formed by the executive agency and, if so,

7 whether the function should be performed by

8 private sector source under a contract en9 tered into by head of the executive agency or

10 executive agency personnel;

11 (C) the agency analyzes its missions and,

12 based on the analysis, revises its mission-related

13 processes and administrative processes, as appro14 priate, before making significant investments in

15 information technology to be used in support of

16 agency missions;

17 (D) the agency’s information resources

18 management plan is current and adequate and,

19 to the maximum extent practicable, specifically

20 identifies how information technology to be ac21 quired is expected to improve agency operations

22 and otherwise benefit the agency;

23 (E) agency information security is ade24 quate;

25 (F) the agency—
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1 (i) provides adequately for the integra2 tion of the agency’s information resources

3 management plans, strategic plans prepared

4 pursuant to section 306 of title 5, United

5 States code, and performance plans pre6 pared pursuant to section 1115 of title 31,

7 United States Code; and

8 (ii) budgets for the acquisition and use

9 of information technology; and

10 (G) efficient and effective interagency and

11 Governmentwide information technology invest12 ments are undertaken to improve the accomplish13 ment of common agency missions.

14 (3) PERIODIC REVIEWS.—The Director shall en15 sure that selected information resources management

16 activities of the executive agencies are periodically re17 viewed in order to ascertain the efficiency and effec18 tiveness of information technology in improving agen19 cy performance and the accomplishment of agency

20 missions.

21 (4) ENFORCEMENT OF ACCOUNTABILITY.—

22 (A) IN GENERAL.—The Director may take

23 any authorized action that the Director considers

24 appropriate, including an action involving the

25 budgetary process or appropriations manage-
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1 ment process, to enforce accountability under

2 this title in an executive agency.

3 (B) SPECIFIC ACTIONS.—Actions taken by

4 the Director in the case of an executive agency

5 may include—

6 (i) recommending a reduction or an

7 increase in the amount proposed by the

8 head of the executive agency to be included

9 for information resources in the budget sub10 mitted to Congress under section 1105(a) of

11 title 31, United States Code;

12 (ii) reducing or otherwise adjusting

13 apportionments and reapportionments of

14 appropriations for information resources;

15 (iii) using other authorized adminis16 trative controls over appropriations to re17 strict the availability of funds for informa18 tion resources; and

19 (iv) designating for the executive agen20 cy an executive agent to contract with pri21 vate sector sources for the performance of

22 information resources management or the

23 acquisition of information technology.

24 (b) The heads of executive agencies shall apply the Of25 fice of Management and Budget guidelines promulgated
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1 pursuant to this section to national security systems only

2 to the maximum extent practicable. This subsection does not

3 apply to subparagraphs (4)(A) or (4)(B) (i), (ii), or (iii).

4 SEC. 4124. INTEGRATION WITH INFORMATION RESOURCE

5 MANAGEMENT RESPONSIBILITIES.

6 In undertaking activities and issuing guidance in ac7 cordance with this subtitle, the Director shall promote the

8 integration of information technology management with the

9 broader information resource management processes in the

10 agencies.

11 Subtitle C—Executive Agencies

12 SEC. 4131. RESPONSIBILITIES.

13 (a) In fulfilling the responsibilities assigned under

14 chapter 35 of title 44, United States Code, the head of each

15 executive agency shall comply with this subtitle with respect

16 to the specific matters covered by this subtitle.

17 (b) This subtitle shall sunset on September 30, 2001,

18 after which the head of each executive agency may continue

19 to comply with this subtitle.

20 (c) Guidance issued by the Director in accordance with

21 subtitle B of this title shall sunset on September 30, 2001,

22 unless the Director determines it should continue in effect

23 pursuant to section 4121(b) of this division, and notifies

24 the Congress and the agencies of that intent by March 31,

25 2001.
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1 SEC. 4132. CAPITAL PLANNING AND INVESTMENT CONTROL.

2 (a) In fulfilling the responsibilities assigned under sec3 tion 3506(h) of title 44, United States Code, the head of

4 each executive agency shall design and apply in the execu5 tive agency a process for maximizing the value and assess6 ing and managing the risks of the information technology

7 acquisitions of the agency.

8 (b) The process shall—

9 (1) provide for the selection, control, and evalua10 tion of the results of information technology invest11 ments of the agency;

12 (2) be integrated with budget, financial, and

13 program management decisions of the agency;

14 (3) include minimum criteria for considering an

15 information systems investment—to include a quan16 titative assessment of projected net, risk-adjusted re17 turn on investment—as well as explicit criteria, both

18 quantitative and qualitative, for comparing and

19 prioritizing alternative information systems invest20 ment projects;

21 (4) identify information systems investments

22 with share benefit to or impact on other Federal agen23 cies and State or local governments that require en24 forcement of operational standards or elimination of

25 redundancies;
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1 (5) provide for clearly identifying in advance of

2 the proposed investment of quantifiable measurements

3 for determining the net benefits and risks; and

4 (6) provide senior management with timely in5 formation regarding the progress of information sys6 tems initiatives against measurable, independently7 verifiable milestones, including cost, ability to meet

8 specified requirements, timeliness, and quality.

9 (c) This section applies to national security systems

10 except for subsection (b).

11 SEC. 4133. PERFORMANCE AND RESULTS-BASED MANAGE12 MENT.

13 (a) IN GENERAL.—In fulfilling the responsibilities

14 under section 3506(h) of title 44, United States Code, the

15 head of an executive agency shall—

16 (1) establish goals for improving the efficiency

17 and effectiveness of agency operations and, as appro18 priate, the delivery of services to the public through

19 the effective use of information technology;

20 (2) prepare an annual report, to be included in

21 the budget submission for the executive agency, on the

22 progress in achieving the goals;

23 (3) ensure that—

24 (A) the agency determines—
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1 (i) whether the function should be per2 formed in the private sector rather than by

3 an agency of the Federal Government and,

4 if so, whether the component of the agency

5 performing that function should be con6 verted from a governmental organization to

7 a private sector organization; or

8 (ii) whether the function should be per9 formed by the executive agency and, if so,

10 whether the function should be performed by

11 a private sector source under a contract en12 tered into by head of the executive agency or

13 executive agency personnel;

14 (B) the agency—

15 (i) provides adequately for the integra16 tion of the agency’s information resources

17 management plans, strategic plans prepared

18 pursuant to section 306 of title 5, United

19 States Code, and performance plans pre20 pared pursuant to section 1115 of title 31,

21 United States Code; and

22 (ii) budgets for the acquisition and use

23 of information technology;

24 (4) ensure that performance measurements are

25 prescribed for information technology used by or to be
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1 acquired for the executive agency and that the per2 formance measurements measure how well the infor3 mation technology supports agency programs;

4 (5) where comparable processes and organiza5 tions in the public or private sectors exist, quan6 titatively benchmark agency process performance

7 against such processes in terms of cost, speed, produc8 tivity, and quality of outputs and outcomes;

9 (6) analyze its missions and, based on the analy10 sis, revises its mission-related processes and adminis11 trative processes as appropriate before making signifi12 cant investments in information technology to be used

13 in support of agency missions;

14 (7) ensure that the agency’s information re15 sources management plan is current and adequate

16 and, to the maximum extent practicable, specifically

17 identifies how information technology to be acquired

18 is expected to improve agency operations and other19 wise expected to benefit the agency;

20 (8) ensure that efficient and effective interagency

21 and Governmentwide information technology invest22 ments are undertaken to improve the accomplishment

23 of common agency missions; and

24 (9) ensure that an agency’s information security

25 is adequate.
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1 (b) APPLICATION.—This section applies to national se2 curity systems except for subparagraph (3)(A).

3 SEC. 4134. SPECIFIC AUTHORITY.

4 (a) IN GENERAL.—The authority of the head of an ex5 ecutive agency under section 4101 and the authorities re6 ferred to in such section includes but is not limited to the

7 following authorities:

8 (1) To acquire information technology as author9 ized by law.

10 (2) To enter into a contract that provides for

11 multi-agency acquisitions of information technology

12 subject to the approval and guidance of the Director.

13 (3) If the Director, based on advice from the

14 Chief Information Officers Council or interagency

15 functional groups, finds that it would be advan16 tageous for the Federal Government to do so, to enter

17 into a multi-agency contract for procurement of com18 mercial items that requires each agency covered by the

19 contract, when procuring such items, either to procure

20 the items under that contract or to justify an alter21 native procurement of the items.

22 (4) To establish and support one or more inde23 pendent technical review committees, composed of di24 verse agency personnel (including users) and outside

25 experts selected by the head of the executive agency, to
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1 advise the head of the executive agency about informa2 tion systems programs.

3 (b) FTS 2000 PROGRAM.—Notwithstanding any other

4 provision of this or any other law, the General Services Ad5 ministration shall continue to manage the FTS 2000 pro6 gram, and to coordinate the follow-on to that program, on

7 behalf and with the advice of the Federal agencies.

8 SEC. 4135. AGENCY CHIEF INFORMATION OFFICER.

9 (a) DESIGNATION OF CHIEF INFORMATION OFFI10 CERS.—Section 3506(a) of title 44, United States Code, is

11 amended by striking out ‘‘senior official’’ wherever it ap12 pears and inserting in lieu thereof ‘‘Chief Information Offi13 cer’’; and by striking out ‘‘official’’ wherever it appears and

14 inserting in lieu thereof ‘‘Officer’’.

15 (b) IN GENERAL.—The chief information officer of an

16 executive agency shall be responsible for—

17 (1) providing advice and other assistance to the

18 head of the executive agency and other senior manage19 ment personnel of the executive agency to ensure that

20 information technology is acquired and information

21 resources are managed for the agency in a manner

22 that implements the policies and procedures of this

23 division and the priorities established by the agency

24 head;
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1 (2) developing, maintaining and facilitating the

2 implementation of a sound and integrated informa3 tion architecture for an agency; and

4 (3) promoting the effective and efficient design

5 and operation of all major information resources

6 management processes including work process im7 provements for an agency.

8 (c) DUTIES AND QUALIFICATIONS.—Duties and quali9 fications of chief information officers in agencies listed in

10 section 901(b)(1) of title 31, United States Code:

11 (1) Information resources management duties

12 shall be a primary duty of the chief information offi13 cer.

14 (2) The chief information officer shall monitor

15 the performance of information technology programs

16 of the executive agency, evaluate the performance on

17 the basis of the applicable performance measurements,

18 and advise the head of the executive agency regarding

19 whether to continue or terminate programs and/or

20 projects.

21 (3) The chief information officer shall, as part of

22 the strategic planning process required under Govern23 ment Performance and Results Act, annually—

24 (A) perform an assessment of the agency’s

25 knowledge and skill requirements in information
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1 resources management for achieving performance

2 goals;

3 (B) an analysis of the degree to which exist4 ing positions and personnel, both at the executive

5 and management levels, meet those requirements;

6 (C) develop strategies and specific plans for

7 hiring, training and professional development to

8 narrow the gap between needed and existing ca9 pability; and

10 (D) report to the agency head on the

11 progress made in improving information man12 agement capability.

13 (4) Agencies may establish Chief Information Of14 ficers for major subcomponents or bureaus.

15 (5) Agency chief information officers shall pos16 sess demonstrated ability in general management of,

17 and knowledge of and extensive practical experience

18 in, information and information technology manage19 ment practices of business or government entities.

20 (6) For each chief information officer, a deputy

21 chief information officer shall be appointed by the

22 agency head reporting directly to the respective agen23 cy or component chief information officer. Deputy

24 chief information officers shall have demonstrated

25 ability and experience in general management, busi-
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1 ness process analysis, software and information sys2 tems development, design and management of infor3 mation technology architectures, data and tele4 communications management at government or busi5 ness entities.

6 (d) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

7 United States Code, is amended by adding at the end the

8 following: ‘‘Agency chief information officers designated

9 under section 4135(c) of the Information Technology Man10 agement Reform Act of 1995.’’.

11 (e) APPLICATION.—This section applies to national se12 curity systems.

13 SEC. 4136. ACCOUNTABILITY.

14 (a) SYSTEM OF CONTROLS.—The head of each execu15 tive agency, in consultation with the chief information offi16 cer and the chief financial officer of that agency (or, in the

17 case of an agency without a chief financial officer, any com18 parable official), shall establish policies and procedures

19 that—

20 (1) ensure that the accounting, financial, and

21 asset management systems and other information sys22 tems of the agency are designed, developed, main23 tained, and used effectively to provide financial or

24 program performance data for financial statements of

25 the agency;
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1 (2) ensure that financial and related program

2 performance data are provided on a reliable, consist3 ent, and timely basis to agency financial manage4 ment systems; and

5 (3) ensure that financial statements support—

6 (A) assessment and revision of mission-re7 lated processes and administrative processes of

8 the agency; and

9 (B) performance measurement in the case of

10 information system investments made by the

11 agency.

12 (b) INFORMATION RESOURCES MANAGEMENT PLAN.—

13 The information resources management plan required

14 under section 3506(b)(2) of title 44, United States Code

15 shall—

16 (1) be consistent with the strategic plan prepared

17 by the head of the agency pursuant to section 306 of

18 title 5, United States Code, where applicable, and the

19 agency head’s mission analysis, and ensure that the

20 agency information systems conform to those plans.

21 The plan shall provide for applying information tech22 nology and other information resources in support of

23 the performance of the missions of the agency and

24 shall include the following:
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1 (A) A statement of goals for improving the

2 contribution of information resources to program

3 productivity, efficiency, and effectiveness.

4 (B) Methods for measuring progress toward

5 achieving the goals.

6 (C) Assignment of clear roles, responsibil7 ities, and accountability for achieving the goals.

8 (D) A description of—

9 (i) the major existing and planned in10 formation technology components (such as

11 information systems and telecommunication

12 networks) of the agency and the relationship

13 among the information technology compo14 nents; and

15 (ii) the information architecture for

16 the agency.

17 (E) A summary, for each ongoing or com18 pleted major information systems investment

19 from the previous year, of the project’s status

20 and any changes in name, direction or scope,

21 quantifiable results achieved and current mainte22 nance expenditures.

23 (c) AGENCY INFORMATION.—The head of an executive

24 agency shall periodically evaluate and, as necessary, im-
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1 prove the accuracy, security, completeness, and reliability

2 of information maintained by or for the agency.

3 (d) APPLICATION.—This section applies to national se4 curity systems except for subsection (b).

5 SEC. 4137. SIGNIFICANT FAILURES.

6 The agency shall include in the plan required under

7 section 3506(b)(2) of title 44, United States Code, a jus8 tification for the continuation of any major information

9 technology acquisition program, or phase or increment of

10 such program, that has significantly deviated from the es11 tablished cost, performance, or schedule baseline.

12 SEC. 4138. INTERAGENCY SUPPORT.

13 The heads of multiple executive agencies are authorized

14 to utilize funds appropriated for use in oversight, acquisi15 tion and procurement of information technology to support

16 the activities of the Chief Information Officers Council es17 tablished pursuant to section 4141 and to such independent

18 review committees and interagency groups established pur19 suant to section 4151 in such manner and amounts as pre20 scribed by the Director.
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1 Subtitle D—Chief Information

2 Officers Council

3 SEC. 4141. ESTABLISHMENT OF CHIEF INFORMATION OFFI4 CERS COUNCIL.

5 (a) ESTABLISHMENT.—There is established a Chief In6 formation Officers Council, consisting of—

7 (1) the Deputy Director for Management of the

8 Office of Management and Budget, who shall act as

9 chairperson of the council;

10 (2) the Administrator of the Office of Informa11 tion and Regulatory Affairs of the Office of Manage12 ment and Budget;

13 (3) the Administrator of General Services;

14 (4) the Administrator of the Office of Federal

15 Procurement Policy of the Office of Management and

16 Budget;

17 (5) the Controller of the Office of Federal Finan18 cial Management of the Office of Management and

19 Budget; and

20 (6) each of the Chief Information Officers from

21 those agencies listed in section 901(b)(1) of title 31,

22 United States Code, along with a Chief Information

23 Officer representing other Executive agencies.
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1 (b) FUNCTIONS.—The Chief Information Officers

2 Council shall meet periodically to advise and coordinate the

3 activities of the agencies of its members by—

4 (1) obtaining advice on information resources,

5 information resources management, including the re6 duction of information collection burdens on the pub7 lic, and information technology from State, local, and

8 tribal governments and from the private sector;

9 (2) making recommendations to the Director of

10 the Office of Management and Budget regarding Fed11 eral policies and practices on information resources

12 management, including the reduction of information

13 collection burdens on the public, to increase the effi14 ciency and effectiveness of Federal programs;

15 (3) providing for the Director of the Office of

16 Management and Budget to establish temporary spe17 cial advisory groups to the Chief Information Officers

18 Council, composed of senior officials from industry,

19 academia and the Federal Government, to review

20 Governmentwide information technology programs,

21 information technology acquisitions, and issues of in22 formation technology policy; and

23 (4) reviewing agency programs and processes, to

24 identify opportunities for consolidation of activities

25 or cooperation.
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1 (c) CONSIDERATION.—The Chief Information Officers

2 Council shall consider national security systems for advice

3 or coordination only with the consent of the affected agency.

4 (d) CONSULTATION.—The Chief Information Officers

5 Council shall consult with the Public Printer appointed

6 under section 301 of title 44, United States Code, regarding

7 implementation of section 4819 of this division.

8 Subtitle E—Interagency Functional

9 Groups

10 SEC. 4151. ESTABLISHMENT.

11 (a) IN GENERAL.—The President may direct the estab12 lishment of one or more interagency groups to advise the

13 Director and the agencies, known as ‘‘functional groups’’—

14 (1) to examine areas including telecommuni15 cations, software engineering, common administrative

16 and programmatic applications, computer security,

17 and information policy, that would benefit from a

18 Governmentwide or multi-agency perspective;

19 (2) to submit to the Chief Information Officers

20 Council proposed solutions for problems in specific

21 common operational areas;

22 (3) to promote cooperation among agencies on

23 information technology matters;
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1 (4) to review and make recommendations to the

2 Director and the agencies concerned regarding major

3 or high risk information technology acquisitions; and

4 (5) to otherwise improve the efficiency of infor5 mation technology to support agency missions.

6 (b) TEMPORARY SPECIAL ADVISORY GROUPS.—The

7 Director of the Office of Management and Budget is author8 ized to establish temporary special advisory groups to the

9 functional groups, composed of experts from industry, aca10 demia and the Federal Government, to review Government11 wide information technology programs, major or high-risk

12 information technology acquisitions, and issues of informa13 tion technology policy.

14 SEC. 4152. SPECIFIC FUNCTIONS.

15 (a) The functions of an interagency functional group

16 are as follows:

17 (1) To identify common goals and requirements

18 for common agency programs.

19 (2) To develop a coordinated approach to meet20 ing agency requirements, including coordinated budg21 et estimates and procurement programs.

22 (3) To identify opportunities to share informa23 tion for improving the quality of the performance of

24 agency functions, for reducing the cost of agency pro-
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1 grams, and for reducing burdens of agency activities

2 on the public.

3 (4) To coordinate activities and the sharing of

4 information with other functional groups.

5 (5) To make recommendations to the heads of ex6 ecutive agencies and to the Director of the Office of

7 Management and Budget regarding the selection of

8 protocols and other standards for information tech9 nology, including security standards.

10 (6) To support interoperability among informa11 tion systems.

12 (7) To perform other functions, related to the

13 purposes set forth in section 4151(a), that are as14 signed by the chief Information Officers Council.

15 (b) Interagency functional groups may perform these

16 functions with respect to national security systems only

17 with the consent of the affected agency.

18 Subtitle F—Other Responsibilities

19 SEC. 4161. RESPONSIBILITIES UNDER THE COMPUTER SE20 CURITY ACT OF 1987.

21 (a) IN GENERAL.—(1) The Secretary of Commerce

22 shall, on the basis of standards and guidelines developed

23 by the National Institute of Standards and technology pur24 suant to section 20(a) (2) and (3) of the National Bureau

25 of Standards Act, promulgate standards and guidelines per-
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1 taining to Federal computer systems, making such stand2 ards compulsory and binding to the extent to which the Sec3 retary determines necessary to improve the efficiency of op4 eration or security and privacy of Federal computer sys5 tems. The President may disapprove or modify such stand6 ards and guidelines if he determines such action to be in

7 the public interest. The President’s authority to disapprove

8 or modify such standards and guidelines may not be dele9 gated. Notice of such disapproval or modification shall be

10 submitted promptly to the Committee on Government Re11 form and Oversight of the House of Representatives and the

12 Committee on Governmental Affairs of the Senate and shall

13 be published promptly in the Federal Register. Upon receiv14 ing notice of such disapproval or modification, the Sec15 retary of Commerce shall immediately rescind or modify

16 such standards or guidelines as directed by the President.

17 (2) The head of a Federal agency may employ stand18 ards for the cost effective security and privacy of sensitive

19 information in a Federal computer system within or under

20 the supervision of that agency that are more stringent than

21 the standards promulgated by the Secretary of Commerce,

22 if such standards contain, at a minimum, the provisions

23 of those applicable standards made compulsory and binding

24 by the Secretary of Commerce.
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1 (3) The standards determined to be compulsory and

2 binding may be waived by the Secretary of Commerce in

3 writing upon a determination that compliance would ad4 versely affect the accomplishment of the mission of an oper5 ator of a Federal computer system, or cause a major adverse

6 financial impact on the operator which is not offset by Gov7 ernmentwide savings. The Secretary may delegate to the

8 head of one or more Federal agencies authority to waive

9 such standards to the extent to which the Secretary deter10 mines such action to be necessary and desirable to allow

11 for timely and effective implementation of Federal computer

12 system standards. The head of such agency may redelegate

13 such authority only to a Chief Information Officer des14 ignated pursuant to section 3506 of title 44, United States

15 Code. Notice of each such waiver and delegation shall be

16 transmitted promptly to the Committee on Government Re17 form and Oversight of the House of Representatives and the

18 Committee on Governmental Affairs of the Senate and shall

19 be published promptly in the Federal Register.

20 (4) As used in this section, the terms ‘‘Federal com21 puter system’’ and ‘‘operator of a Federal computer system’’

22 have the meanings given in section 20(d) of the National

23 Bureau of Standards Act.

24 (b) EXERCISE OF AUTHORITY.—The authority con25 ferred upon the Secretary by this section shall be exercised
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1 subject to direction by the President and in coordination

2 with the Director of the Office of Management and Budget

3 to ensure fiscal and policy consistency.

4 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sub5 sections 3504(g) (2) and (3), and 3506(g) (2) and (3) to

6 title 44, United States Code, are each amended by inserting

7 the phrase ‘‘and section 161 of the Information Technology

8 Reform Act of 1995’’ after the phrase ‘‘the Computer Secu9 rity Act of 1987 (P.L. 100–235).

10 Subtitle G—Sense of Congress

11 SEC. 4171. SENSE OF CONGRESS.

12 It is the sense of Congress over the next five years that

13 executive agencies should achieve at least a real 5 percent

14 per year decrease in the cost incurred by the agency for

15 operating and maintaining information technology, and a

16 real 5 percent per year increase in the efficiency of the agen17 cy operations, by reason of improvements in information

18 resources management by the agency.

19 TITLE XLII—PROCESS FOR AC20 QUISITIONS OF INFORMA21 TION TECHNOLOGY

22 Subtitle A—Procedures

23 SEC. 4201. PROCUREMENT PROCEDURES.

24 (a) RESPONSIBILITY.—The Director of the Office of

25 Management and Budget of the United States shall issue
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1 guidance to be used in conducting information technology

2 acquisitions.

3 (b) STANDARDS FOR PROCEDURES.—The Director

4 shall ensure that the process for acquisition of information

5 technology is, in general, a simplified, clear, and under6 standable process that specifically addresses the manage7 ment of risk.

8 (c) PERFORMANCE MEASUREMENTS.—The guidance

9 shall include performance measurements and other perform10 ance requirements that the Director determines appro11 priate.

12 (d) USE OF COMMERCIAL ITEMS.—The guidance shall

13 mandate the use, to the maximum extent practicable, of

14 commercial items to meet the information technology re15 quirements of the executive agency.

16 (e) DIFFERENTIATED PROCEDURES.—Subject to sub17 section (b), the Director shall consider whether and, to the

18 extent appropriate, how to differentiate in the treatment

19 and conduct of acquisitions of information technology on

20 any of the following bases:

21 (1) The dollar value of the acquisition.

22 (2) The information technology to be acquired,

23 including such consideration as whether the item is a

24 commercial item or an item being developed or modi-
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1 fied uniquely for use by one or more executive agen2 cies.

3 (3) The complexity of the information technology

4 acquisition, including such considerations as size and

5 scope.

6 (4) The level of risk, including technical and

7 schedule risks.

8 (5) The level of experience or expertise of the

9 critical personnel in the program office, mission unit,

10 or office of the chief information officer of the execu11 tive agency concerned.

12 (6) the extent to which the information tech13 nology may be used Governmentwide or by several

14 agencies.

15 SEC. 4202. INCREMENTAL ACQUISITION OF INFORMATION

16 TECHNOLOGY.

17 (a) CIVILIAN AGENCIES.—

18 (1) PROCEDURES AUTHORIZED.—Title III of the

19 Federal Property and Administrative Services Act of

20 1949 (41 U.S.C. 251 et seq.) is amended by inserting

21 after section 303H the following new section:

22 ‘‘MODULAR CONTRACTING

23 ‘‘SEC. 303I. (a) IN GENERAL.—An executive agency’s

24 need for a major system of information technology should,

25 to the maximum extent practicable, be satisfied in succes-
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1 sive acquisitions of interoperable increments pursuant to

2 subsections (b) and (c). Such increments shall comply with

3 readily available standards such that they can be connected

4 to other increments that comply with such standards.

5 ‘‘(b) DIVISION OF ACQUISITIONS INTO INCREMENTS.—

6 Under the successive, incremental acquisition process, a

7 major system of information technology may be divided into

8 several smaller acquisition increments that—

9 ‘‘(1) are easier to manage individually than

10 would be one extensive acquisition;

11 ‘‘(2) address complex information technology

12 problems incrementally in order to enhance the likeli13 hood of achieving workable solutions for those prob14 lems;

15 ‘‘(3) provide for delivery, implementation, and

16 testing of workable systems or solutions in discrete in17 crements each of which comprises a system or solution

18 that is not dependent on any subsequent increment in

19 order to perform its principal functions; and

20 ‘‘(4) provide an opportunity for subsequent in21 crements of the acquisition to take advantage of any

22 evolution in technology or needs that occur during

23 conduct of the earlier increments.

24 ‘‘(c) TIMELY ACQUISITIONS.—(1) A contract for an in25 crement of an information technology acquisition should,
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1 to the maximum extent practicable, be awarded within 180

2 days after the date on which the solicitation is issued, or

3 that increment of the acquisition should be considered for

4 cancellation.

5 ‘‘(2) The information technology provided for in a con6 tract for acquisition of information technology should be de7 livered within 18 months after the date on which the solici8 tation resulting in award of the contract was issued.’’.

9 (2) CLERICAL AMENDMENT.—The table of con10 tents in the first section of such Act is amended by

11 inserting after the item relating to section 303H the

12 following new item:

‘‘Sec. 303I Modular contracting.’’.

13 (b) DEPARTMENT OF DEFENSE.—

14 (1) PROCEDURES AUTHORIZED.—Chapter 137 of

15 title 10, United States Code, is amended by inserting

16 after section 2305 the following new section:

17 ‘‘§ 2305a. Modular Contracting

18 ‘‘(a) IN GENERAL.—An executive agency’s need for a

19 major system of information technology should, to the maxi20 mum extent practicable, be satisfied in successive acquisi21 tions of interoperable increments pursuant to subsections

22 (b) and (c). Such increments shall comply with readily

23 available standards such that they can be connected to other

24 increments that comply with such standards.
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1 ‘‘(b) DIVISION OF ACQUISITIONS INTO INCREMENTS.—

2 Under the successive incremental acquisition process, a

3 major system of information technology may be divided into

4 several smaller acquisition increments that—

5 ‘‘(1) are easier to manage individually than

6 would be one extensive acquisition;

7 ‘‘(2) address complex information technology

8 problems incrementally in order to enhance the likeli9 hood of achieving workable solutions for those prob10 lems;

11 ‘‘(3) provide for delivery, implementation, and

12 testing of workable systems or solutions in discrete in13 crements each of which comprises a system or solution

14 that is not dependent on any subsequent increment in

15 order to perform its principal functions; and

16 ‘‘(4) provide an opportunity for subsequent in17 crements of the acquisition to take advantage of any

18 evolution in technology or needs that occur during

19 conduct of the earlier increments.

20 ‘‘(c) TIMELY ACQUISITIONS.—(1) A contract for an in21 crement of an information technology acquisition should,

22 to the maximum extent practicable, be awarded within 180

23 days after the date on which the solicitation is issued, or

24 that increment of the acquisition should be considered for

25 cancellation.
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1 ‘‘(2) The information technology provided for in a con2 tract for acquisition of information technology should be de3 livered within 18 months after the date on which the solici4 tation resulting in award of the contract was issued.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended by

7 inserting after the item relating to section 2305 the

8 following:

‘‘2305a. Modular contracting.’’.

9 SEC. 4203. TASK AND DELIVERY ORDER CONTRACTS.

10 (a) CIVILIAN AGENCY ACQUISITIONS.—

11 (1) REQUIREMENT FOR MULTIPLE AWARDS.—

12 Section 303H(d) of the Federal Property and Admin13 istrative Services Act of 1949 (41 U.S.C. 253H(d)) is

14 amended by adding at the end the following new

15 paragraph:

16 ‘‘(4) In exercising the authority under this sec17 tion for procurement of information technology, the

18 head of an executive agency shall award at least two

19 task or delivery order contracts for the same or simi20 lar information technology services or property unless

21 the agency determines that it is not in the best inter22 ests of the United States to award two or more such

23 contracts.’’.
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1 (2) DEFINITION.—Section 303K of such Act (41

2 U.S.C. 253K) is amended by adding at the end the

3 following new paragraph:

4 ‘‘(3) The term ‘information technology’ has the

5 meaning given that term in section 4 of the Informa6 tion Technology Management Reform Act of 1995.’’.

7 (b) ARMED SERVICES ACQUISITIONS.—

8 (1) REQUIREMENT FOR MULTIPLE AWARDS.—

9 Section 2304a(d) of title 10, United States Code, is

10 amended by adding at the end the following new

11 paragraph:

12 ‘‘(4) In exercising the authority under this sec13 tion for procurement of information technology, the

14 head of an executive agency shall award at least two

15 task or delivery order contracts for the same or simi16 lar information technology services or property unless

17 the agency determines that it is not in the best inter18 ests of the United States to award two or more such

19 contracts.’’.

20 (2) DEFINITION.—Section 2304d of title 10,

21 United States Code, is amended by adding at the end

22 the following new paragraph:

23 ‘‘(3) The term ‘information technology’ has the

24 meaning given that term in section 4 of the Informa25 tion Technology Management Reform Act of 1995.’’.
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1 Subtitle B—Acquisition

2 Management

3 SEC. 4221. ACQUISITION MANAGEMENT TEAM.

4 (a) CAPABILITIES OF AGENCY PERSONNEL.—The head

5 of each executive agency shall ensure that the agency person6 nel involved in an acquisition of information technology

7 have the experience, and have demonstrated the skills and

8 knowledge, necessary to carry out the acquisition com9 petently.

10 (b) USE OF OUTSIDE ACQUISITION TEAM.—If the head

11 of the executive agency determines that such personnel are

12 not available for carrying out the acquisition, the head of

13 that agency should consider designating a capable executive

14 agent to carry out the acquisition.

15 SEC. 4222. OVERSIGHT OF ACQUISITIONS.

16 It is the sense of Congress that the director of the Office

17 of Management and Budget, the heads of executive agencies,

18 and the inspectors general of executive agencies, in perform19 ing responsibilities for oversight of information technology

20 acquisitions, should emphasize reviews of the operational

21 justifications for the acquisitions, the results of the acquisi22 tion programs, and the performance measurements estab23 lished for the information technology rather than reviews

24 of the acquisition process.
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1 TITLE XLIII—INFORMATION

2 TECHNOLOGY ACQUISITION

3 PILOT PROGRAMS

4 Subtitle A—Conduct of Pilot

5 Programs

6 SEC. 4301. AUTHORIZATION TO CONDUCT PILOT PRO7 GRAMS.

8 (a) IN GENERAL.—

9 (1) PURPOSE.—The Administrator for Federal

10 Procurement Policy (hereinafter referred to as the

11 ‘‘Administrator’’), in consultation with the Adminis12 trator for the Office of Information and Regulatory

13 Affairs shall be authorized to conduct pilot programs

14 in order to test alternative approaches for acquisition

15 of information technology and other information re16 sources by executive agencies.

17 (2) MULTI-AGENCY, MULTI-ACTIVITY CONDUCT OF

18 EACH PROGRAM.—Except as otherwise provided in

19 this title, each pilot program conducted under this

20 title shall be carried out in not more than two procur21 ing activities in each of two executive agencies des22 ignated by the Administrator. The head of each des23 ignated executive agency shall, with the approval of

24 the Administrator, select the procuring activities of

25 the agency to participate in the test and shall des-
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1 ignate a procurement testing official who shall be re2 sponsible for the conduct and evaluation of the pilot

3 program within the agency.

4 (b) LIMITATIONS.—

5 (1) NUMBER.—Not more than two pilot pro6 grams shall be conducted under the authority of this

7 title, including one pilot program each pursuant to

8 the requirements of sections 4321 and 4322.

9 (2) AMOUNT.—The total amount obligated for

10 contracts entered into under the pilot programs con11 ducted under the authority of this title may not ex12 ceed $750,000,000. The Administrator shall monitor

13 such contracts and ensure that contracts are not en14 tered into in violation of the limitation in the preced15 ing sentence.

16 (c) INVOLVEMENT OF CHIEF INFORMATION OFFICERS

17 COUNCIL.—The Administrator may—

18 (1) conduct pilot programs recommended by the

19 Chief Information Officers Council; and

20 (2) consult with the Chief Information Officers

21 Council regarding development of pilot programs to

22 be conducted under this section.

23 (d) PERIOD OF PROGRAMS.—

24 (1) IN GENERAL.—Subject to paragraph (2), the

25 Administrator shall conduct a pilot program for the
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1 period, not in excess of five years, that is determined

2 by the Administrator to be sufficient to establish reli3 able results.

4 (2) CONTINUING VALIDITY OF CONTRACTS.—A

5 contract entered into under the pilot program before

6 the expiration of that program shall remain in effect

7 according to the terms of the contract after the expira8 tion of the program.

9 SEC. 4302. EVALUATION CRITERIA AND PLANS.

10 (a) MEASURABLE TEST CRITERIA.—The head of each

11 executive agency conducting a pilot program under section

12 4301 shall establish, to the maximum extent practicable,

13 measurable criteria for evaluating the effects of the proce14 dures or techniques to be tested under the program.

15 (b) TEST PLAN.—Before a pilot program may be con16 ducted under section 4301 the Administrator shall submit

17 to the Committee on Governmental Affairs and the Commit18 tee on Small Business of the Senate and the Committee on

19 Government Reform and Oversight and the Committee on

20 Small Business of the House of Representative a detailed

21 test plan for the program, including a detailed description

22 of the procedures to be used and a list of any regulations

23 that are to be waived.
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1 SEC. 4303. REPORT.

2 (a) REQUIREMENT.—Not later than 180 days after the

3 completion of a pilot program conducted under this title

4 the Administrator shall—

5 (1) submit to the Director of the Office of Man6 agement and Budget a report on the results and find7 ings under the program; and

8 (2) provide a copy of the report to the Committee

9 on Governmental Affairs and the Committee on Small

10 Business of the Senate, and the Committee on Govern11 ment Reform and Oversight and the Committee on

12 Small Business of the House of Representatives.

13 (b) CONTENT.—The report shall include the following:

14 (1) A detailed description of the results of the

15 program, as measured by the criteria established for

16 the program.

17 (2) A discussion of any legislation that the Ad18 ministrator recommends, or changes in regulations

19 that the Administrator considers necessary, in order

20 to improve overall information resources management

21 within the Federal Government.

22 SEC. 4304. RECOMMENDED LEGISLATION.

23 If the Director of the Office of Management and Budget

24 determines that the results and findings under a pilot pro25 gram under this title indicate that legislation is necessary

26 or desirable in order to improve the process for acquisition
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1 of information technology, the Director shall transmit the

2 Director’s recommendations for such legislation to the Com3 mittee on Governmental Affairs and the Committee on

4 Small Business of the Senate and the Committee on Govern5 ment Reform and Oversight and the Committee on Small

6 Business of the House of Representatives.

7 SEC. 4305. RULE OF CONSTRUCTION.

8 Nothing in this title shall be construed as authorizing

9 the appropriation or obligation of funds for the pilot pro10 grams conducted pursuant to this title.

11 Subtitle B—Specific Pilot Programs

12 SEC. 4321. SHARE-IN-SAVINGS PILOT PROGRAM.

13 (a) REQUIREMENT.—The Administrator may author14 ize agencies to carry out a pilot program to test the feasibil15 ity of—

16 (1) contracting on a competitive basis with a

17 private sector source to provide the Federal Govern18 ment with an information technology solution for im19 proving mission-related or administrative processes of

20 the Federal Government; and

21 (2) paying the private sector source an amount

22 equal to a portion of the savings derived by the Fed23 eral Government from any improvements in mission24 related processes and administrative processes that re25 sult from implementation of the solution.
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1 (b) PROGRAM CONTRACTS.—Up to five contracts for

2 one project each may be entered into under the pilot pro3 gram.

4 (c) SELECTION OF PROJECTS.—The projects shall be

5 selected by the Administrator, in consultation with the Ad6 ministrator for the Office of Information and Regulatory

7 Affairs, from among projects recommended by the Chief In8 formation Officers Council.

9 SEC. 4322. SOLUTIONS-BASED CONTRACTING PILOT PRO10 GRAM.

11 (a) IN GENERAL.—The Administrator may authorize

12 agencies to carry out a pilot program to test the feasibility

13 of the use of solutions-based contracting for acquisition of

14 information technology.

15 (b) SOLUTIONS-BASED CONTRACTING DEFINED.—For

16 purposes of this section, solutions-based contracting is an

17 acquisition method under which the Federal Government

18 user of the technology to be acquired defines the acquisition

19 objectives, uses a streamlined contractor selection process,

20 and allows industry sources to provide solutions that attain

21 the objectives effectively. The emphasis of the method is on

22 obtaining from industry an optimal solution.

23 (c) PROCESS.—The Administrator shall require use of

24 the following process for acquisitions under the pilot pro25 gram:
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1 (1) ACQUISITION PLAN EMPHASIZING DESIRED

2 RESULT.—Preparation of an acquisition plan that

3 defines the functional requirements of the intended

4 users of the information technology to be acquired,

5 identifies the operational improvement results to be

6 achieved, and defines the performance measurements

7 to be applied in determining whether the information

8 technology acquired satisfies the defined requirements

9 and attains the identified results.

10 (2) RESULTS-ORIENTED STATEMENT OF WORK.—

11 Use of a statement of work that is limited to an ex12 pression of the end results or performance capabilities

13 desired under the acquisition plan.

14 (3) SMALL ACQUISITION ORGANIZATION.—Assem15 bly of small acquisition organization consisting of the

16 following:

17 (A) An acquisition management team, the

18 members of which are to be evaluated and re19 warded under the pilot program for contribu20 tions toward attainment of the desired results

21 identified in the acquisition plan.

22 (B) A small source selection team composed

23 of representatives in the specific mission or ad24 ministrative area to be supported by the infor-
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1 mation technology to be acquired, a contracting

2 officer, and persons with relevant expertise.

3 (4) USE OF SOURCE SELECTION FACTORS EM4 PHASIZING SOURCE QUALIFICATIONS.—Use of source

5 selection factors that are limited to determining the

6 qualifications of the offeror, including such factors as

7 personnel skills, previous experience in providing

8 other private or public sector organizations with solu9 tions for attaining objectives similar to the objectives

10 to be attained in the acquisition, past contract per11 formance, qualifications of the proposed program

12 manager, and the proposed management plan.

13 (5) OPEN COMMUNICATIONS WITH CONTRACTOR

14 COMMUNITY.—Open availability of the following in15 formation to potential offerors:

16 (A) The agency mission to be served by the

17 acquisition.

18 (B) The functional process to be performed

19 by use of information technology.

20 (C) The process improvements to be at21 tained.

22 (6) SIMPLE SOLICITATION.—Use of a simple so23 licitation that sets forth only the functional work de24 scription, source selection factors, the required terms

25 and conditions, instructions regarding submission of
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1 offers, and the estimate of the Federal Government’s

2 budget for the desired work.

3 (7) SIMPLE PROPOSALS.—Submission of oral

4 proposals and acceptance of written supplemental

5 submissions that are limited in size and scope and

6 contain information on the offeror’s qualifications to

7 perform the desired work together with information of

8 past contract performance.

9 (8) SIMPLE EVALUATION.—Use of a simple eval10 uation process, to be completed within 45 days after

11 receipt of proposals, which consists of the following:

12 (A) Identification of the offerors that are

13 within the competitive range of most of the

14 qualified offerors.

15 (B) Issuance of invitations for at least three

16 and not more than five of the identified offerors

17 to make oral presentations to, and engage in dis18 cussions with, the evaluating personnel regarding

19 the qualifications of the offerors, including how

20 the qualifications of each offeror relate to the ap21 proaches proposed to be taken by the offeror in

22 the acquisition.

23 (C) Evaluation of the qualifications of the

24 identified offerors on the basis of submissions re25 quired under the process and any oral presen-
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1 tations made by, and any discussions with, the

2 offerors.

3 (9) SELECTION OF MOST QUALIFIED OFFEROR.—

4 A selection process consisting of the following:

5 (A) Identification of the most qualified

6 source, and ranking of alternative sources, pri7 marily on the basis of the oral proposals, presen8 tations, and discussions, but taking into consid9 eration supplemental written submissions.

10 (B) Conduct for 30 to 60 days of a program

11 definition phase, funded by the Federal Govern12 ment—

13 (i) during which the selected source, in

14 consultation with one or more intended

15 users, develops a conceptual system design

16 and technical approach, defines logical

17 phases for the project, and estimates the

18 total cost and the cost for each phase; and

19 (ii) after which a contract for perform20 ance of the work may be awarded to that

21 source on the basis of cost, the responsive22 ness, reasonableness, and quality of the pro23 posed performance, and a sharing of risk

24 and benefits between the source and the

25 Government.
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1 (C) Conduct of as many successive program

2 definition phases with the alternative sources (in

3 the order ranked) as is necessary in order to

4 award a contract in accordance with subpara5 graph (B).

6 (10) SYSTEM IMPLEMENTATION PHASING.—Sys7 tem implementation to be executed in phases that are

8 tailored to the solution, with various contract ar9 rangements being used, as appropriate, for various

10 phases and activities.

11 (11) MUTUAL AUTHORITY TO TERMINATE.—Au12 thority for the Federal Government or the contractor

13 to terminate the contract without penalty at the end

14 of any phase defined for the project.

15 (12) TIME MANAGEMENT DISCIPLINE.—Applica16 tion of a standard for awarding a contract within 60

17 to 90 days after issuance of the solicitation.

18 (d) PILOT PROGRAM DESIGN.—

19 (1) JOINT PUBLIC-PRIVATE WORKING GROUP.—

20 The Administrator, in consultation with the Adminis21 trator for the Office of Information and Regulatory

22 Affairs shall establish a joint working group of Fed23 eral Government personnel and representatives of the

24 information technology industry to design a plan for

25 conduct of the pilot program. The establishment and
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1 operation of this working group shall not be subject

2 to the requirements of the Federal Advisory Commit3 tee Act, Public Law 92–463, as amended (5 U.S.C.

4 App.).

5 (2) CONTENT OF PLAN.—The plan shall provide

6 for use of solutions-based contracting in the Depart7 ment of Defense and not more than two other execu8 tive agencies for a total of—

9 (A) not more than 10 projects, each of

10 which has an estimated cost of between

11 $25,000,000 and $100,000,000; and

12 (B) not more than 10 projects, each of

13 which has an estimated cost of between

14 $1,000,000 and $5,000,000, to be set aside for

15 small business concerns.

16 (3) COMPLEXITY OF PROJECTS.—(A) Subject to

17 subparagraph (C), each acquisition project under the

18 pilot program shall be sufficiently complex to provide

19 for meaningful evaluation of the use of solutions-based

20 contracting for acquisition of information technology

21 for executive agencies.

22 (B) In order for an acquisition project to satisfy

23 the requirement in subparagraph (A)—

24 (i) the solution for attainment of the execu25 tive agency’s objectives under the project should
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1 not be obvious, but rather shall involve a need for

2 some innovative development; and

3 (ii) the project shall incorporate all ele4 ments of system integration.

5 (C) An acquisition project should not be so ex6 tensive or lengthy as to result in undue delay in the

7 evaluation of the use of solutions-based contracting.

8 (e) USE OF EXPERIENCED FEDERAL PERSONNEL.—

9 Only Federal Government personnel who are experienced,

10 and have demonstrated success, in managing or otherwise

11 performing significant functions in complex acquisitions

12 shall be used for evaluating offers, selecting sources, and

13 carrying out the performance phases in an acquisition

14 under the pilot program.

15 (f) MONITORING BY GAO.—

16 (1) REQUIREMENT.—The Comptroller General of

17 the United States shall—

18 (A) monitor the conduct, and review the re19 sults, of acquisitions under the pilot program;

20 and

21 (B) submit to Congress periodic reports con22 taining the views of the Comptroller General on

23 the activities, results, and findings under the

24 pilot program.
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1 (2) EXPIRATION OF REQUIREMENT.—The re2 quirement under paragraph (1)(B) shall terminate

3 after submission of the report that contains the final

4 views of the Comptroller General on the last of the ac5 quisition projects completed under the pilot program.

6 TITLE XLIV—OTHER INFORMA7 TION RESOURCES MANAGE8 MENT REFORM

9 SEC. 4401. ON-LINE MULTIPLE AWARD SCHEDULE CON10 TRACTING.

11 (a) AUTOMATION OF MULTIPLE AWARD SCHEDULE

12 CONTRACTING.—(1) In order to provide for the economic

13 and efficient procurement of information technology, the

14 Administrator of General Services shall establish a program

15 for the development and implementation of a system to pro16 vide Governmentwide, on-line computer access to informa17 tion on information technology products and services that

18 are available for ordering through multiple award sched19 ules.

20 (2) The system required by paragraph (1) shall, at a

21 minimum—

22 (A) provide basic information on prices, features,

23 and performance of all products and services avail24 able for ordering through the multiple award sched25 ules;
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1 (B) provide for updating that information to re2 flect changes in prices, features, and performance as

3 soon as information on the changes becomes available;

4 (C) enables users to make on-line computer com5 parisons of the prices, features, and performance of

6 similar products and services offered by various ven7 dors;

8 (D) enable users to place, and vendors to receive,

9 on-line computer orders for products and services

10 available for ordering through the multiple award

11 schedules (up to the maximum order limitation of the

12 applicable schedule contract);

13 (E) enable ordering agencies to make payments

14 to contractors by bank card, electronic funds transfer,

15 or other automated methods in cases in which it is

16 practicable and in the interest of the Federal Govern17 ment to do so; and

18 (F) archive data relating to each order placed

19 against multiple award schedule contracts using such

20 system, including, at a minimum, data on—

21 (i) the agency or office placing the order;

22 (ii) the vendor receiving the order;

23 (iii) the products or services ordered; and

24 (iv) the total price of the order.
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1 (3)(A) The system required by paragraph (1) shall be

2 implemented not later than January 1, 1998.

3 (B) The Administrator shall certify to Congress that

4 the system required by paragraph (1) has been implemented

5 at such time as a system meeting the requirements of para6 graph (2) is in place and accessible by at least 90 percent

7 of the potential users in the departments and agencies of

8 the Federal Government.

9 (4) Orders placed against multiple award schedule

10 contracts through the system required by paragraph (1)

11 may be considered for purposes of the determinations re12 garding implementation of the capability described under

13 subsection (b) of section 30A of the Office of Federal Pro14 curement Policy Act (41 U.S.C. 426a) and implementation

15 of such capability under subsection (d) of such section.

16 (b) STREAMLINED PROCEDURES; PILOT PROGRAM.—

17 (1)(A) In order to provide for compliance with provisions

18 of law requiring the use of competitive procedures in Fed19 eral Government procurement, the procedures established by

20 the Administrator of General Services for the program re21 ferred to in subsection (a) shall include requirements for—

22 (i) participation in multiple award schedule

23 contracts to be open to all responsible and responsive

24 sources; and
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1 (ii) orders to be placed using a process which re2 sults in the lowest overall cost alternative to meet the

3 needs of the Government, except in a case in which

4 a written determination is made (in accordance with

5 such procedures) that a different alternative would

6 provide a substantially better overall value to the

7 Government.

8 (B) The Administrator may require offerors to agree

9 to accept orders electronically through the electronic ex10 change of procurement information in order to be eligible

11 for award of a multiple award schedule contract.

12 (C) Regulations on the acquisition of commercial items

13 issued pursuant to section 8002 of the Federal Acquisition

14 Streamlining Act of 1994 (Public Law 103–355; 108 Stat.

15 3386; 41 U.S.C. 264 note) shall apply to multiple award

16 schedule contracts.

17 (2) Within 90 days after the Administrator makes the

18 certification referred to in subsection (a)(3)(B), the Admin19 istrator shall establish a pilot program to test streamlined

20 procedures for the procurement of information technology

21 products and services available for ordering through the

22 multiple award schedules. The Administrator shall provide

23 for the pilot program to be applicable to all multiple award

24 schedule contracts for the purchase of information tech25 nology and to test the following procedures:
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1 (A) A procedure under which negotiation of the

2 terms and conditions for a covered multiple award

3 schedule contract is limited to terms and conditions

4 other than price.

5 (B) A procedure under which the vendor estab6 lishes the prices under a covered multiple award

7 schedule contract and may adjust those prices at any

8 time in the discretion of the vendor.

9 (C) A procedure under which a covered multiple

10 award schedule contract is awarded to any respon11 sible and responsive offeror that—

12 (i) has a suitable record of past perform13 ance on Federal Government contracts, including

14 multiple award schedule contracts;

15 (ii) agrees to terms and conditions that the

16 Administrator determines as being required by

17 law or as being appropriate for the purchase of

18 commercial items; and

19 (iii) agrees to establish and update prices

20 and to accept orders electronically through the

21 automated system established pursuant to sub22 section (a).

23 (3)(A) Not later than three years after the date on

24 which the pilot program is established, the Comptroller

25 General of the United States shall review the pilot program
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1 and report to the Committee on Governmental Affairs and

2 the Committee on Small Business of the Senate and the

3 Committee on Government Reform and Oversight and the

4 Committee on Small Business of the House of Representa5 tives on the results of the pilot program.

6 (B) The report shall include the following:

7 (i) An evaluation of the extent of the competition

8 for the orders placed under the pilot program.

9 (ii) The effect of the pilot program on prices

10 charged under multiple award schedule contracts.

11 (iii) The effect of the pilot program on paper12 work requirements for multiple award schedule con13 tracts and orders.

14 (iv) The impact of the pilot program on small

15 businesses and socially and economically disadvan16 taged small businesses.

17 (4) Unless reauthorized by Congress, the authority of

18 the Administrator to award contracts under the pilot pro19 gram shall expire four years after the date on which the

20 pilot program is established. Contracts entered into before

21 the authority expires shall remain in effect in accordance

22 with their terms notwithstanding the expiration of the au23 thority to enter new contracts under the pilot program.

24 (c) DEFINITIONS.—In this section:
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1 (1) The term ‘‘information technology’’ has the

2 meaning given that term in section 4 of this Act.

3 (2) The term ‘‘commercial item’’ has the mean4 ing given the term in section 4(12) of the Office of

5 Federal Procurement Policy Act (41 U.S.C. 403(12)).

6 (3) The term ‘‘competitive procedures’’ has the

7 meaning given the term in section 309(b) of the Fed8 eral Property and Administrative Services Act of

9 1949 (41 U.S.C. 259(b)).

10 SEC. 4402. DISPOSAL OF EXCESS COMPUTER EQUIPMENT.

11 (a) AUTHORITY TO DONATE.—The head of an execu12 tive agency may, without regard to the procedures otherwise

13 applicable under title II of the Federal Property and Ad14 ministrative Services Act of 1949 (40 U.S.C. 481 et seq.),

15 convey without consideration all right, title, and interest

16 of the United States in any computer equipment under the

17 control of such official that is determined under title II of

18 such Act as being excess property to a recipient in the fol19 lowing order of priority:

20 (1) Elementary and secondary schools under the

21 jurisdiction of a local educational agency and schools

22 funded by the Bureau of Indian Affairs.

23 (2) Public libraries.

24 (3) Public colleges and universities.
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1 (b) INVENTORY REQUIRED.—Upon the enactment of

2 this Act, the head of an executive agency shall inventory

3 all computer equipment under the control of that official

4 and identify in accordance with title II of the Federal Prop5 erty and Administrative Services Act of 1949 (40 U.S.C.

6 481 et seq.) the equipment, if any, that is excess property.

7 (c) DEFINITIONS.—In this section:

8 (1) The term ‘‘excess property’’ has the meaning

9 given such term in section 3 of the Federal Property

10 and Administrative Services Act of 1949 (40 U.S.C.

11 472).

12 (2) The terms ‘‘local educational agency’’, ‘‘ele13 mentary school’’, and ‘‘secondary school’’ have the

14 meanings given such terms in section 14101 of the El15 ementary and Secondary Education Act of 1965 (20

16 U.S.C. 8801).

17 SEC. 4403. LEASING INFORMATION TECHNOLOGY.

18 (a) ANALYSIS BY GAO.—The Comptroller General of

19 the United States shall perform a comparative analysis of

20 alternative means of financing the acquisition of informa21 tion technology. The analysis should—

22 (1) investigate the full range of alternative fi23 nancing mechanisms, to include leasing, purchasing

24 and rentals of new and used equipment; and
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1 (2) assess the relative costs, benefits and risks of

2 alternative financing options for the Federal Govern3 ment.

4 (b) LEASING GUIDELINES.—Based on the analysis, the

5 Comptroller General shall develop recommended guidelines

6 for financing information technology for executive agencies.

7 TITLE XLV—PROCUREMENT PRO8 TEST AUTHORITY OF THE

9 COMPTROLLER GENERAL

10 SEC. 4501. PERIOD FOR PROCESSING PROTESTS.

11 Section 3554(a) of title 31, United States Code, is

12 amended—

13 (1) in paragraph (1), by striking out ‘‘para14 graph (2)’’ in the second sentence and inserting in

15 lieu thereof ‘‘paragraphs (2) and (5)’’; and

16 (2) by adding at the end the following:

17 ‘‘(5)(A) The requirements and restrictions set

18 forth in this paragraph apply in the case of a protest

19 in a procurement of information technology.

20 ‘‘(B) The Comptroller General shall issue a final

21 decision concerning a protest referred to in subpara22 graph (A) within 45 days after the date of the protest

23 is submitted to the Comptroller General.

24 ‘‘(C) The disposition under this subchapter of a

25 protest in a procurement referred to in subparagraph
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1 (A) bars any further protest under this subchapter by

2 the same interested party on the same procurement.’’.

3 SEC. 4502. DEFINITION.

4 Section 3551 of title 31, United States Code, is amend5 ed by adding at the end the following:

6 ‘‘(4) The term ‘information technology’ has the

7 meaning given that term in section 4 of the Informa8 tion Technology Management Reform Act of 1995.’’.

9 SEC. 4503. EXCLUSIVITY OF ADMINISTRATIVE REMEDIES.

10 Section 3556 of title 31, United States Code, is amend11 ed by striking out the first sentence and inserting in lieu

12 thereof the following:

13 ‘‘Notwithstanding any other provision of law, the

14 Comptroller General shall have the exclusive administrative

15 authority to resolve a protest involving the solicitation, a

16 proposal for award, or an award of a contract for informa17 tion technology, to the exclusion of the boards of contract

18 appeals or any other entity. Nothing contained in the sub19 chapter shall affect the right of any interested party to file

20 a protest with the contracting agency or to file an action

21 in a district court of the United States of the United States

22 Court of Federal Claims.’’.
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1 TITLE XLVI—RELATED TERMI2 NATIONS, CONFORMING

3 AMENDMENTS, AND CLERICAL

4 AMENDMENTS

5 Subtitle A—Conforming

6 Amendments

7 SEC. 4601. AMENDMENTS TO TITLE 10, UNITED STATES

8 CODE.

9 For the Department of Defense section 2315 of such

10 title is amended by striking out from the words ‘‘Section

11 111’’ through the words ‘‘use of equipment or services if,’’

12 and substituting therein the following:

13 ‘‘For the purposes of the Information Technology Man14 agement Reform Act of 1995, the term ‘national security

15 systems’ means those telecommunications and information

16 systems operated by the Department of Defense, the func17 tions, operation or use of which’’.

18 SEC. 4602. AMENDMENTS TO TITLE 28, UNITED STATES

19 CODE.

20 Section 612 of title 28, United States Code, is amend21 ed—

22 (1) in subsection (f), by striking out ‘‘section 111

23 of the Federal Property and Administrative Services

24 Act of 1949 (40 U.S.C. 759)’’ and inserting in lieu

25 thereof ‘‘the provisions of law, policies, and regula-
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1 tions applicable to executive agencies under the Infor2 mation Technology Management Reform Act of

3 1995’’;

4 (2) in subsection (g), by striking out ‘‘sections

5 111 and 201 of the Federal Property and Administra6 tive Services Act of 1949 (40 U.S.C. 481 and 759)’’

7 and inserting in lieu thereof ‘‘section 201 of the Fed8 eral Property and Administrative Services Act of

9 1949 (40 U.S.C. 481)’’;

10 (3) by striking out subsection (l); and

11 (4) by redesignating subsection (m) as subsection

12 (l).

13 SEC. 4603. AMENDMENTS TO TITLE 31, UNITED STATES

14 CODE.

15 (a) AVAILABILITY OF FUNDS FOLLOWING RESOLUTION

16 OF A PROTEST.—Section 1558(b) of title 31, United States

17 Code, is amended by striking out ‘‘or under section 111(f)

18 of the Federal Property and Administrative Services Act

19 of 1949 (40 U.S.C. 759(f))’’.

20 (b) GAO PROCUREMENT PROTEST SYSTEM.—Section

21 3552 of such title is amended by striking out the second

22 sentence.
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1 SEC. 4604. AMENDMENTS TO TITLE 38, UNITED STATES

2 CODE.

3 Section 310 of title 38, United States Code, is amended

4 to read as follows:

5 ‘‘SEC. 310. CHIEF INFORMATION OFFICER.

6 ‘‘(a) The Secretary shall designate a chief information

7 officer for the Department in accordance with section

8 4135(a) of the Information Technology Management Reform

9 Act of 1995.

10 ‘‘(b) The chief information officer shall perform the du11 ties provided for chief information officers of executive agen12 cies under the Information Technology Management Reform

13 Act of 1995.’’.

14 SEC. 4605. PROVISIONS OF TITLE 44, UNITED STATES CODE,

15 RELATING TO PAPERWORK REDUCTION.

16 (a) DEFINITION.—Section 3502 of title 44, United

17 States Code, is amended by striking out paragraph (9) and

18 inserting in lieu thereof the following:

19 ‘‘(9) the term ‘information technology’ has the

20 meaning given that term in section 4004 of the Infor21 mation Technology Management Reform Act of

22 1995;’’.

23 (b) DEVELOPMENT OF STANDARDS AND GUIDELINES

24 BY NATIONAL INSTITUTE OF STANDARDS AND TECH25 NOLOGY.—Section 3504(h)(1)(B) of such title is amended

26 by striking out ‘‘section 111(d) of the Federal Property and
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1 Administrative Services Act of 1949 (40 U.S.C. 759(d))’’

2 and inserting in lieu thereof ‘‘paragraphs (2) and (3) of

3 section 20(a) of the National Institute of Standards and

4 Technology Act (15 U.S.C. 278g–3(a))’’.

5 (c) COMPLIANCE WITH DIRECTIVES.—Section

6 3504(h)(2) of such title is amended by striking out ‘‘sections

7 110 and 111 of the Federal Property and Administrative

8 Services Act of 1949 (40 U.S.C. 757 and 759)’’ and insert9 ing in lieu thereof ‘‘the Information Technology Manage10 ment Reform Act of 1995 and directives issued under sec11 tion 110 of the Federal Property and Administrative Serv12 ices Act of 1949 (40 U.S.C. 757)’’.

13 SEC. 4606. AMENDMENT TO TITLE 49, UNITED STATES CODE.

14 Section 40112(a) of title 49, United States Code, is

15 amended by striking out ‘‘or a contract to purchase prop16 erty to which section 111 of the Federal Property and Ad17 ministrative Services Act of 1949 (40 U.S.C. 759) applies’’.

18 SEC. 4607. OTHER LAWS.

19 (a) COMPUTER SECURITY ACT OF 1987.—(1) Section

20 2(b)(2) of the Computer Security Act of 1987 (Public Law

21 100–235; 101 Stat. 1724) is amended by striking out ‘‘by

22 amending section 111(d) of the Federal Property and Ad23 ministrative Services Act of 1949 (40 U.S.C. 759(d))’’; and

24 (2) Nothing in the Information Technology Management
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1 Reform Act shall affect the limitations on the authorities

2 set forth in Public Law 100–235.

3 (b) NATIONAL ENERGY CONSERVATION POLICY ACT.—

4 Section 801(b)(3) of the National Energy Conservation Pol5 icy Act (42 U.S.C. 8287(b)(3)) is amended by striking out

6 the second sentence.

7 (c) NATIONAL SECURITY ACT OF 1947.—Section 3 of

8 the National Security Act of 1947 (50 U.S.C. 403c) is

9 amended by striking out subsection (e).

10 SEC. 4608. ACCESS OF CERTAIN INFORMATION IN INFORMA11 TION SYSTEMS TO THE DIRECTORY AND SYS12 TEM OF ACCESS ESTABLISHED UNDER SEC13 TION 4101 OF TITLE 44, UNITED STATES CODE.

14 Notwithstanding any other provision of this division,

15 if in designing an information technology system pursuant

16 to this division, the agency determines that a purpose of

17 the system is to disseminate information to the public, then

18 the head of such agency shall ensure that information so

19 disseminated is included in the directory created pursuant

20 to section 4101 of title 44, United States Code. Nothing in

21 this section shall authorize the dissemination of information

22 to the public unless otherwise authorized.
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1 SEC. 4609. RULE OF CONSTRUCTION RELATING TO THE

2 PROVISIONS OF TITLE 44, UNITED STATES

3 CODE.

4 Nothing in this division shall be construed to amend,

5 modify or supercede any provision of title 44, United States

6 Code, other than chapter 35 of title 44, United States Code.

7 Subtitle B—Clerical Amendment

8 SEC. 4621. AMENDMENT TO TITLE 38, UNITED STATES CODE.

9 The table of sections at the beginning of chapter 3 of

10 title 38, United States Code, is amended by striking out

11 the item relating to section 310 and inserting in lieu thereof

12 the following:

‘‘310. Chief information officer.’’.

13 TITLE XLVII—SAVINGS

14 PROVISIONS

15 SEC. 4701. SAVINGS PROVISIONS.

16 (a) REGULATIONS, INSTRUMENTS, RIGHTS, AND PRIVI17 LEGES.—All rules, regulations, contracts, orders, deter18 minations, permits, certificates, licenses, grants, and privi19 leges—

20 (1) which have been issued, made, granted, or al21 lowed to become effective by the Administrator of Gen22 eral Services or the General Services Administration

23 Board of Contract Appeals, or by a court of com24 petent jurisdiction, in connection with an acquisition

25 activity carried out under the section 111 of the Fed-
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1 eral Property and Administrative Services Act of

2 1949 (40 U.S.C. 759), and

3 (2) which are in effect on the effective date of

4 this title, shall continue in effect according to their

5 terms until modified, terminated, superseded, set

6 aside, or revoked in accordance with law by the Di7 rector of the Office of Management and Budget, any

8 other authorized official, by a court of competent ju9 risdiction, or by operation of law.

10 (b) PROCEEDINGS AND APPLICATIONS.—

11 (1) TRANSFERS OF FUNCTIONS NOT TO AFFECT

12 PROCEEDINGS.—This Act and the amendments made

13 by this Act shall not affect any proceeding, including

14 any proceeding involving a claim or application, in

15 connection with an acquisition activity carried out

16 under section 111 of the Federal Property and Ad17 ministrative Services Act of 1949 (40 U.S.C. 759)

18 that is pending before the Administrator of General

19 Services or the General Services Administration

20 Board of Contract Appeals on the effective date of this

21 Act.

22 (2) ORDERS IN PROCEEDINGS.—Orders may be

23 issued in any such proceeding, appeals may be taken

24 therefrom, and payments may be made pursuant to

25 such orders, as if this Act had not been enacted. An
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1 order issued in any such proceeding shall continue in

2 effect until modified, terminated, superseded, or re3 voked by the Director of the Office of Management

4 and Budget, or any other authorized official, by a

5 court of competent jurisdiction, or by operation of

6 law.

7 (3) DISCONTINUANCE OR MODIFICATION OF PRO8 CEEDINGS NOT PROHIBITED.—Nothing in this sub9 section prohibits the discontinuance or modification

10 of any such proceeding under the same terms and

11 conditions and to the same extent that such proceed12 ing could have been discontinued or modified if this

13 Act had not been enacted.

14 (4) REGULATIONS FOR TRANSFER OF PROCEED15 INGS.—The Director of the Office of Management and

16 Budget may prescribe regulations providing for the

17 orderly transfer of proceedings continued under para18 graph (1).
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1 TITLE XLVIII—EFFECTIVE DATES

2 SEC. 4801. EFFECTIVE DATES.

3 This Act and the amendments made by this Act shall

4 take effect 180 days after the date of the enactment of this

5 Act.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1530

AMENDMENT
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