Union Calendar No. 56

104TH CONGRESS

1ST SESSION H. R. 1530

[Report No. 104–131]

A BILL

To authorize appropriations for fiscal year 1996 for

cal year 1996, and for other purposes.to prescribe military personnel strengths for fismilitary activities of the Department of Defense,

MAY 31, 1995

Reported with amendments
IB

Union Calendar No. 56

104TH CONGRESS

1ST SESSION H. R. 1530

[Report No. 104–131]

To authorize appropriations for fiscal year 1996 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 1995

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

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

MAY 31, 1995

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

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

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

[For text of introduced bill, see copy of bill as introduced on May 2, 1995]

A BILL

To authorize appropriations for fiscal year 1996 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1996, and

for other purposes.

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

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

8 (1) Division A—Department of Defense Author9 izations.

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

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.

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

15 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.

Subtitle C—Navy Programs

Sec. 131. Repeal of prohibition on backfit of Trident submarines.
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Sec. 132. Repeal of limitation on total cost for SSN–21 and SSN–22 Seawolf submarines.

Sec. 133. Competition required for selection of shipyards for construction of vessels for next generation attack submarine program.

Subtitle D—Air Force Programs

Sec. 141. Repeal of limitations.

Subtitle E—Chemical Demilitarization Program

Sec. 151. Repeal of requirement to proceed expeditiously with development of

chemical demilitarization cryofracture facility at Tooele Army

Depot, Utah.

Sec. 152. Sense of Congress regarding cost growth in program for destruction of

the existing stockpile of lethal chemical agents and munitions.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Modifications to Strategic Environmental Research and Development

Program.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Space launch modernization.

Sec. 212. Maneuver variant unmanned aerial vehicle.

Sec. 213. Tactical manned reconnaissance.

Sec. 214. Advanced lithography program.

Sec. 215. Enhanced fiber optic guided missile system.

Sec. 216. Joint Advanced Strike Technology (JAST) program.

Subtitle C—Ballistic Missile Defense Act of 1995

Sec. 231. Short title.

Sec. 232. Ballistic missile defense policy of the United States.

Sec. 233. Implementation of policy.

Sec. 234. Follow-on technologies research and development.

Sec. 235. Policy on compliance with the ABM Treaty.

Sec. 236. Ballistic Missile Defense program accountability.

Sec. 237. ABM Treaty defined.

Sec. 238. Repeal of Missile Defense Act of 1991.

Subtitle D—Other Ballistic Missile Defense Provisions

Sec. 241. Ballistic missile defense funding for fiscal year 1996.

Sec. 242. Policy concerning ballistic missile defense.

Sec. 243. Testing of theater missile defense interceptors.

Sec. 244. Repeal of missile defense provisions.

Subtitle E—Other Matters

Sec. 251. Allocation of funds for medical countermeasures against biowarfare

threats.
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Sec. 252. Analysis of consolidation of basic research accounts of military departments.

Sec. 253. Change in reporting period from calendar year to fiscal year for annual

report on certain contracts to colleges and universities.

Sec. 254. Modification to University Research Initiative Support Program.

Sec. 255. Advanced Field Artillery System (Crusader).

Sec. 256. Review of C4I by National Research Council.

Sec. 257. Five-year plan for federally funded research and development centers

(FFRDCs).

Sec. 258. Manufacturing technology program.

Sec. 259. Five-year plan for consolidation of defense laboratories and test and

evaluation centers.

Sec. 260. Aeronautical research and test capabilities assessment.

Sec. 261. Limitation on T–38 Avionics Upgrade program.

Sec. 262. Cross reference to congressional defense policy concerning national technology and industrial base, reinvestment, and conversion in operation of defense research and development programs.

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.

Subtitle B—Defense Business Operations Fund

Sec. 311. Codification of Defense Business Operations Fund.

Sec. 312. Retention of centralized management of Defense Business Operations

Fund and prohibition on further expansion of Fund.

Sec. 313. Charges for goods and services provided through Defense Business Operations Fund and termination of advance billing practices.

Sec. 314. Annual proposed budget for operation of Defense Business Operations

Fund.

Sec. 315. Reduction in requests for transportation funded through Defense Business Operations Fund.

Subtitle C—Environmental Provisions

Sec. 321. Clarification of services and property that may be exchanged to benefit

the historical collection of the Armed Forces.

Sec. 322. Addition of amounts creditable to defense environmental restoration account.

Sec. 323. Repeal of certain environmental education programs.

Sec. 324. Repeal of limitation on obligation of amounts transferred from environmental restoration transfer account.

Sec. 325. Elimination of authority to transfer amounts for toxicological profiles.

Sec. 326. Sense of Congress on use of Defense Environmental Restoration Account.

Subtitle D—Civilian Employees and Nonappropriated Fund

Instrumentality Employees

Sec. 331. Management of Department of Defense civilian personnel.

Sec. 332. Management of depot employees.
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Sec. 333. Conversion to performance by civilian employees of active-duty positions.

Sec. 334. Personnel actions involving employees of nonappropriated fund instrumentalities.

Sec. 335. Termination of overseas living quarters allowances for nonappropriated

fund instrumentality employees.

Sec. 336. Overtime exemption for nonappropriated fund employees.

Sec. 337. Continued health insurance coverage.

Sec. 338. Creditability of certain NAFI service under the Federal Employees’ Retirement System.

Subtitle E—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 341. Operation of commissary store system.

Sec. 342. Pricing policies for commissary store merchandise.

Sec. 343. Limited release of commissary stores sales information to manufacturers, distributors, and other vendors doing business with Defense

Commissary Agency.

Sec. 344. Economical distribution of distilled spirits by nonappropriated fund instrumentalities.

Sec. 345. Transportation by commissaries and exchanges to overseas locations.

Sec. 346. Demonstration program for uniform funding of morale, welfare, and

recreation activities at certain military installations.

Sec. 347. Continued operation of base exchange mart at Fort Worth Naval Air

Station and authority to expand base exchange mart program.

Sec. 348. Uniform deferred payments program for military exchanges.

Sec. 349. Availability of funds to offset expenses incurred by Army and Air Force

Exchange Service on account of troop reductions in Europe.

Sec. 350. Study regarding improving efficiencies in operation of military exchanges and other morale, welfare, and recreation activities and

commissary stores.

Sec. 351. Extension of deadline for conversion of Navy ships’ stores to operation

as nonappropriated fund instrumentalities.

Subtitle F—Contracting Out

Sec. 357. Procurement of electricity from most economical source.

Sec. 358. Procurement of certain commodities from most economical source.

Sec. 359. Increase in commercial procurement of printing and duplication services.

Sec. 360. Direct delivery of assorted consumable inventory items of Department

of Defense.

Sec. 361. Operations of Defense Reutilization and Marketing Service.

Sec. 362. Private operation of payroll functions of Department of Defense for

payment of civilian employees.

Sec. 363. Demonstration program to identify underdeductions and overpayments

made to vendors.

Sec. 364. Pilot program to evaluate potential for private operation of overseas dependents’ schools.

Sec. 365. Pilot program for evaluation of improved defense travel processing prototypes.

Sec. 366. Pilot program for private operation of consolidated information technology functions of Department of Defense.

Sec. 367. Report on efforts to contract out certain functions of Department of Defense.
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Sec. 368. Pilot program for private operation of payroll and accounting functions

of nonappropriated fund instrumentalities.

Subtitle G—Miscellaneous Reviews, Studies, and Reports

Sec. 371. Quarterly readiness reports.

Sec. 372. Reports required regarding expenditures for emergency and extraordinary expenses.

Sec. 373. Restatement of requirement for semiannual reports to Congress on

transfers from high-priority readiness appropriations.

Sec. 374. Modification of notification requirement regarding use of core logistics

functions waiver.

Sec. 375. Limitation on development or modernization of automated information

systems of Department of Defense pending report.

Sec. 376. Report regarding reduction of costs associated with contract management oversight.

Subtitle H—Other Matters

Sec. 381. Prohibition on capital lease for Defense Business Management University.

Sec. 382. Authority of Inspector General over investigations of procurement

fraud.

Sec. 383. Provision of equipment and facilities to assist in emergency response

actions.

Sec. 384. Conversion of Civilian Marksmanship Program to nonappropriated

fund instrumentality and activities under program.

Sec. 385. Personnel services and logistical support for certain activities held on

military installations.

Sec. 386. Retention of monetary awards.

Sec. 387. Civil Reserve Air Fleet.

Sec. 388. Permanent authority regarding use of proceeds from sale of lost, abandoned, and unclaimed personal property at certain installations.

Sec. 389. Transfer of excess personal property to support law enforcement activities.

Sec. 390. Development and implementation of innovative processes to improve operation and maintenance.

Sec. 391. Review of use of Defense Logistics Agency to manage inventory control

points.

Sec. 392. Sale of 50 percent of current war reserve fuel stocks.

Sec. 393. Military clothing sales stores, replacement sales.

Sec. 394. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 395. Core logistics capabilities of the Department of Defense.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.
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Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. Counting of certain active component personnel assigned in support of

Reserve component training.

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.

Sec. 432. Authorization for increase in active-duty end strengths.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authority to extend transition period for officers selected for early retirement.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Military technician full-time support program for Army and Air Force

reserve components.

Sec. 512. Military leave for military reserve technicians for certain duty overseas.

Sec. 513. Revisions to Army Guard combat reform initiative to include Army reserve under certain provisions and make certain revisions.

Sec. 514. ROTC scholarships for the National Guard.

Sec. 515. Report on feasibility of providing education benefits protection insurance for service academy and ROTC scholarship students who

become medically unable to serve.

Sec. 516. Active duty officers detailed to ROTC duty at senior military colleges

to serve as Commandant and Assistant Commandant of Cadets

and as tactical officers.

Sec. 517. Mobilization income insurance program for members of Ready Reserve.

Sec. 518. Delay in reorganization of Army ROTC regional headquarters structure.

Subtitle C—Matters Relating to Force Levels

Sec. 521. Floor on end strengths.

Sec. 522. Army officer manning levels.

Sec. 523. Comptroller General review of proposed Army end strength allocations.

Sec. 524. Manning status of highly deployable support units.

Sec. 525. Sense of Congress concerning personnel tempo rates.

Subtitle D—Amendments to the Uniform Code of Military

Justice

Sec. 541. References to Uniform Code of Military Justice.

Sec. 542. Forfeiture of pay and allowances during confinement by sentence of

court-martial.

Sec. 543. Refusal to testify before court-martial.

Sec. 544. Flight from apprehension.

Sec. 545. Carnal knowledge.

Sec. 546. Time after accession for initial instruction in the Uniform Code of

Military Justice.
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Sec. 547. Persons who may appear before the United States Court of Appeals for

the Armed Forces.

Sec. 548. Discretionary representation by Government appellate defense counsel

in petitioning Supreme Court for writ of certiorari.

Sec. 549. Repeal of termination of authority for Chief Justice of United States

to designate Article III judges for temporary service on Court of

Appeals for the Armed Forces.

Sec. 550. Technical amendment.

Subtitle E—Other Matters

Sec. 551. Equalization of accrual of service credit for officers and enlisted members.

Sec. 552. Extension of expiring personnel authorities.

Sec. 553. Increase in educational assistance allowance with respect to skills or

specialties for which there is a critical shortage of personnel.

Sec. 554. Amendments to education loan repayment programs.

Sec. 555. Recognition by States of living wills of members, certain former members, and their dependents.

Sec. 556. Transitional compensation for dependents of members of the Armed

Forces separated for dependent abuse.

Sec. 557. Army ranger training.

Sec. 558. Repeal of certain civil-military programs.

Sec. 559. Eligibility for Armed Forces expeditionary medal based upon service in

El Salvador.

Sec. 560. Revision and codification of Military Family Act and Military Child

Care Act.

Sec. 561. Discharge of members of the Armed Forces who have the HIV–1 virus.

Sec. 562. Authority to appoint Brigadier General Charles E. Yeager, United

States Air Forces (retired) to the grade of major general on the

retired list.

Sec. 563. Determination of whereabouts and status of missing persons.

Sec. 564. Nominations to service academies from Commonwealth of the Northern

Marianas Islands.

Sec. 565. Report on the consistency of reporting of fingerprint cards and final

disposition forms to the Federal Bureau of Investigation.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Limitation on basic allowance for subsistence for members without dependents residing in Government quarters.

Sec. 603. Authorization of payment of basic allowance for quarters to additional

members assigned to sea duty.

Sec. 604. Establishment of minimum amounts of variable housing allowance for

high housing cost areas and additional limitation on reduction

of allowance for certain members.

Sec. 605. Clarification of limitation on receipt of 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.
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Sec. 613. Extension of authority relating to payment of other bonuses and special

pays.

Sec. 614. Codification and extension of special pay for critically short wartime

health specialists in the Selected Reserves.

Sec. 615. Change in eligibility requirements for continuous monthly aviation incentive pay.

Sec. 616. Continuous entitlement to career sea pay for crewmembers of ships designated as tenders.

Sec. 617. Increase in maximum rate of special duty assignment pay for enlisted

members serving as recruiters.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Authorization of return to United States of formerly dependent children

of members.

Sec. 622. Authorization of dislocation allowance for moves in connection with

base realignments and closures.

Subtitle D—Other Matters

Sec. 631. Elimination of unnecessary annual reporting requirements regarding

compensation matters.

Sec. 632. Study regarding joint process for determining location of recruiting stations.

Sec. 633. Elimination of disparity between effective dates for military and civilian retiree cost-of-living adjustments for fiscal year 1996.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Modification of requirements regarding routine physical examinations

and immunizations under CHAMPUS.

Sec. 702. Correction of inequities in medical and dental care and death and disability benefits for certain Reservists.

Sec. 703. Medical and dental care for members of the Selected Reserve.

Subtitle B—TRICARE Program

Sec. 711. Priority use of military treatment facilities for persons enrolled in

managed care initiatives.

Sec. 712. Staggered payment of enrollment fees for TRICARE.

Sec. 713. Requirement of budget neutrality for TRICARE to be based on entire

program.

Sec. 714. Training in health care management and administration for TRICARE

lead agents.

Sec. 715. Evaluation and report on TRICARE effectiveness.

Subtitle C—Uniformed Services Treatment Facilities

Sec. 721. Limitation on expenditures to support Uniformed Services Treatment

Facilities and limitation on number of participants in USTF

managed care plans.

Sec. 722. Application of Federal acquisition regulation to participation agreements with uniformed services treatment facilities.

Sec. 723. Development of plan for integrating Uniformed Services Treatment Facilities in managed care programs of Department of Defense.
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Sec. 724. Equitable implementation of uniform cost sharing requirements for

Uniformed Services Treatment Facilities.

Subtitle D—Other Changes to Existing Laws Regarding Health

Care Management

Sec. 731. Maximum allowable payments to individual health-care providers

under CHAMPUS.

Sec. 732. Expansion of existing restriction on use of defense funds for abortions.

Sec. 733. Identification of third-party payer situations.

Sec. 734. Redesignation of Military Health Care Account as Defense Health Program Account and two-year availability of certain Account

funds.

Sec. 735. Expansion of financial assistance program for health-care professionals

in reserve components to include dental specialties.

Sec. 736. Elimination of unnecessary annual reporting requirements regarding

military health care.

Subtitle E—Other Matters

Sec. 741. Termination of program to train and utilize military psychologists to

prescribe psychotropic medications.

Sec. 742. Waiver of collection of payments due from certain persons unaware of

loss of CHAMPUS eligibility.

Sec. 743. Notification of certain CHAMPUS covered beneficiaries of loss of

CHAMPUS eligibility.

Sec. 744. Demonstration program to train military medical personnel in civilian

shock trauma units.

Sec. 745. Study regarding Department of Defense efforts to determine appropriate

force levels of wartime medical personnel.

Sec. 746. Study regarding expanded mental health services for certain covered

beneficiaries.

Sec. 747. Report on improved access to military health care for covered beneficiaries entitled to Medicare.

Sec. 748. Sense of Congress on continuity of health care services for covered beneficiaries adversely affected by closures of military medical treatment facilities.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Repeals of certain procurement provisions.

Sec. 802. Fees for certain testing services.

Sec. 803. Testing of defense acquisition programs.

Sec. 804. Coordination and communication of defense research activities.

Sec. 805. Addition of certain items to domestic source limitation.

Sec. 806. Revisions to procurement notice provisions.

Sec. 807. International competitiveness.

Sec. 808. Encouragement of use of leasing authority.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Sec. 901. Reorganization of Office of the Secretary of Defense.

Sec. 902. Restructuring of Department of Defense acquisition organization and

workforce.
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Sec. 903. Plan for incorporation of Department of Energy national security functions in Department of Defense.

Sec. 904. Change in titles of certain Marine Corps general officer billets resulting

from reorganization of the Headquarters, Marine Corps.

Sec. 905. Inclusion of Information Resources Management College in the National

Defense University.

Sec. 906. Employment of civilians at the Asia-Pacific Center for Security Studies.

Sec. 907. Continued operation of Uniformed Services University of the Health

Sciences.

Sec. 908. Redesignation of Advanced Research Projects Agency.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Improved funding mechanisms for unbudgeted operations.

Sec. 1004. Designation and liability of disbursing and certifying officials.

Sec. 1005. Authority for obligation of certain unauthorized fiscal year 1995 defense appropriations.

Sec. 1006. Authorization of prior emergency supplemental appropriations for fiscal year 1995.

Sec. 1007. Prohibition of incremental funding of procurement items.

Subtitle B—Naval Vessels and Shipyards

Sec. 1021. Contract options for LMSR vessels.

Sec. 1022. Vessels subject to repair under phased maintenance contracts.

Sec. 1023. Clarification of requirements relating to repairs of vessels.

Sec. 1024. Naming of naval vessel.

Sec. 1025. Transfer of riverine patrol craft.

Subtitle C—Other Matters

Sec. 1031. Termination and modification of authorities regarding national defense technology and industrial base, defense reinvestment, and

defense conversion programs.

Sec. 1032. Repeal of miscellaneous provisions of law.

TITLE XI—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1101. Specification of Cooperative Threat Reduction programs.

Sec. 1102. Fiscal year 1996 authorization.

Sec. 1103. Repeal of demilitarization enterprise fund authority.

Sec. 1104. Prohibition on use of funds for peacekeeping exercises and related activities with Russia.

Sec. 1105. Revision to authority for assistance for weapons destruction.

Sec. 1106. Prior notice to Congress of obligation of funds.

Sec. 1107. Report on accounting for United States assistance.
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TITLE XII—MATTERS RELATING TO OTHER NATIONS

Subtitle A—Peacekeeping Provisions

Sec. 1201. Limitation on expenditure of Department of Defense funds for United

States forces placed under United Nations command or control.

Sec. 1202. Limitation on use of Department of Defense funds for United States

share of costs of United Nations peacekeeping activities.

Subtitle B—Humanitarian Assistance Programs

Sec. 1211. Overseas Humanitarian, Disaster, and Civic Aid programs.

Sec. 1212. Humanitarian assistance.

Sec. 1213. Landmine clearance program.

Subtitle C—Other Matters

Sec. 1221. Revision of definition of landmine for purposes of landmine export

moratorium.

Sec. 1222. Extension and amendment of counterproliferation authorities.

Sec. 1223. Prohibition on use of funds for activities associated with the United

States-People’s Republic of China Joint Defense Conversion

Commission.

Sec. 1224. Defense export loan guarantees.

Sec. 1225. Accounting for burdensharing contributions.

Sec. 1226. Authority to accept contributions for expenses of relocation within host

nation of United States Armed Forces overseas.

Sec. 1227. Sense of Congress on ABM treaty violations.

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.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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. Retention of accrued interest on funds deposited for construction of

family housing, Scott Air Force Base, Illinois.
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TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family 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. Limitation on expenditures for construction project at Umatilla Army

Depot, Oregon.

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. Correction in authorized uses of funds for Army National Guard

projects in Mississippi.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

Sec. 2702. Extension of authorizations of certain fiscal year 1993 projects.

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Alternative means of acquiring and improving military family housing and supporting facilities for the Armed Forces.

Sec. 2802. Inclusion of other Armed Forces in Navy program of limited partnerships with private developers for military housing.

Sec. 2803. Special unspecified minor construction thresholds for projects to correct life, health, and safety deficiencies and clarification of unspecified minor construction authority.

Sec. 2804. Disposition of amounts recovered as a result of damage to real property.

Sec. 2805. Rental of family housing in foreign countries.

Sec. 2806. Pilot program to provide interest rate buy down authority on loans

for housing within housing shortage areas at military installations.

Subtitle B—Base Closure and Realignment

Sec. 2811. Authority to transfer property at military installations to be closed to

persons who construct or provide military family housing.
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Sec. 2812. Deposit of proceeds from leases of property located at installations

being closed or realigned.

Sec. 2813. Agreements for certain services at installations being closed.

Subtitle C—Land Conveyances Generally

Sec. 2821. Transfer of jurisdiction, Fort Sam Houston, Texas.

Sec. 2822. Land acquisition or exchange, Shaw Air Force Base, Sumter, South

Carolina.

Sec. 2823. Transfer of certain real property at Naval Weapons Industrial Reserve

Plant, Calverton, New York, for use as national cemetery.

Sec. 2824. Land conveyance, Fort Ord, California.

Sec. 2825. Land conveyance, Indiana Army Ammunition Plant, Charlestown, Indiana.

Sec. 2826. Land conveyance, Naval Air Station, Pensacola, Florida.

Sec. 2827. Land conveyance, Avon Park Air Force Range, Sebring, Florida.

Sec. 2828. Land conveyance, Parks Reserve Forces Training Area, Dublin, California.

Sec. 2829. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,

Tennessee.

Sec. 2830. Land conveyance, Naval Weapons Industrial Reserve Plant, McGregor,

Texas.

Sec. 2831. Transfer of jurisdiction and land conveyance, Fort Devens Military

Reservation, Massachusetts.

Sec. 2832. Land conveyance, Elmendorf Air Force Base, Alaska.

Sec. 2833. Land conveyance alternative to existing lease authority, Naval Supply

Center, Oakland, California.

Subtitle D—Land Conveyances Involving Utilities

Sec. 2841. Conveyance of resource recovery facility, Fort Dix, New Jersey.

Sec. 2842. Conveyance of water and wastewater treatment plants, Fort Gordon,

Georgia.

Sec. 2843. Conveyance of electrical distribution system, Fort Irwin, California.

Subtitle E—Other Matters

Sec. 2851. Expansion of authority to sell electricity.

Sec. 2852. Authority for Mississippi State Port Authority to use Navy property

at Naval Construction Battalion Center, Gulfport, Mississippi.

Sec. 2853. Prohibition on joint civil aviation use of Naval Air Station Miramar,

California.

Sec. 2854. Report regarding Army water craft support facilities and activities.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL

SECURITY AUTHORIZATION AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Payment of penalties.

Sec. 3104. Other defense activities.

Sec. 3105. Defense nuclear waste disposal.
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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. Authority to conduct program relating to fissile materials.

Sec. 3132. National Ignition Facility.

Sec. 3133. Tritium production.

Subtitle D—Other Matters

Sec. 3141. Report on foreign tritium purchases.

Sec. 3142. Study on nuclear test readiness postures.

Sec. 3143. Master plan on warheads in the enduring stockpile.

Sec. 3144. Prohibition on international inspections of Department of Energy facilities unless protection of restricted data is certified.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Fiscal year 1996 authorized uses of stockpile funds.

Sec. 3302. Preference for domestic upgraders in disposal of chromite and manganese ores and chromium ferro and manganese metal electrolytic.

Sec. 3303. Restrictions on disposal of manganese ferro.

Sec. 3304. Titanium initiative to support battle tank upgrade program.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1996.

Sec. 3403. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).

Sec. 3404. Study regarding future of naval petroleum reserves (other than Naval

Petroleum Reserve Numbered 1).

TITLE XXXV—PANAMA CANAL COMMISSION

Subtitle A—Authorization of Appropriations

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Expenditures in accordance with other laws.
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Subtitle B—Reconstitution of Commission as Government

Corporation

Sec. 3521. Short title.

Sec. 3522. Reconstitution of commission as government corporation.

Sec. 3523. Supervisory board.

Sec. 3524. International advisors.

Sec. 3525. General and specific powers of commission.

Sec. 3526. Congressional review of budget.

Sec. 3527. Audits.

Sec. 3528. Prescription of measurement rules and rates of tolls.

Sec. 3529. Procedures for changes in rules of measurement and rates of tolls

Sec. 3530. Miscellaneous technical amendments.

Sec. 3531. Conforming amendment to title 31, United States Code.

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.

9 DIVISION A—DEPARTMENT OF

10 DEFENSE AUTHORIZATIONS

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 101. ARMY.

15 Funds are hereby authorized to be appropriated for fis16 cal year 1996 for procurement for the Army as follows:

17 (1) For aircraft, $1,423,067,000.

18 (2) For missiles, $862,830,000.
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1 (3) For weapons and tracked combat vehicles,

2 $1,359,664,000.

3 (4) For ammunition, $1,062,715,000.

4 (5) For other procurement, $2,545,587,000.

5 SEC. 102. NAVY AND MARINE CORPS.

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 1996 for procurement for the Navy

8 as follows:

9 (1) For aircraft, $4,106,488,000.

10 (2) For weapons, including missiles and tor11 pedoes, $1,626,411,000.

12 (3) For shipbuilding and conversion,

13 $6,227,958,000.

14 (4) For other procurement, $2,461,472,000.

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

16 be appropriated for fiscal year 1996 for procurement for

17 the Marine Corps in the amount of $399,247,000.

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

19 are hereby authorized to be appropriated for procurement

20 of ammunition for Navy and the Marine Corps in the

21 amount of $461,779,000.

22 SEC. 103. AIR FORCE.

23 Funds are hereby authorized to be appropriated for fis24 cal year 1996 for procurement for the Air Force as follows:

25 (1) For aircraft, $7,031,952,000.
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1 (2) For missiles, $3,430,083,000.

2 (3) For ammunition, $321,328,000.

3 (4) For other procurement, $6,784,801,000.

4 SEC. 104. DEFENSE-WIDE ACTIVITIES.

5 Funds are hereby authorized to be appropriated for fis6 cal year 1996 for Defense-wide procurement in the amount

7 of $2,205,917,000.

8 SEC. 105. RESERVE COMPONENTS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1996 for procurement of aircraft, vehicles, commu11 nications equipment, and other equipment for the reserve

12 components of the Armed Forces as follows:

13 (1) For the Army National Guard, $150,000,000.

14 (2) For the Air National Guard, $227,800,000.

15 (3) For the Army Reserve, $84,300,000.

16 (4) For the Naval Reserve, $86,000,000.

17 (5) For the Air Force Reserve, $171,200,000.

18 (6) For the Marine Corps Reserve, $50,700,000.

19 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

20 (a) AUTHORIZATION.—There is hereby authorized to be

21 appropriated for fiscal year 1996 the amount of

22 $746,698,000 for—

23 (1) the destruction of lethal chemical agents and

24 munitions in accordance with section 1412 of the De-
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1 partment of Defense Authorization Act, 1986 (50

2 U.S.C. 1521); and

3 (2) the destruction of chemical warfare materiel

4 of the United States that is not covered by section

5 1412 of such Act.

6 (b) ALLOCATION.—Of the funds specified in subsection

7 (a)—

8 (1) $393,850,000 is for operations and mainte9 nance;

10 (2) $299,448,000 is for procurement; and

11 (3) $53,400,000 is for research and development.

12 Subtitle B—Army Programs

13 SEC. 111. PROCUREMENT OF HELICOPTERS.

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

15 Defense Authorization Act for Fiscal Years 1990 and 1991

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

17 the obligation of funds in amounts not to exceed

18 $125,000,000 for the procurement of not more than 20 OH–

19 58D AHIP Scout aircraft from funds appropriated for fis20 cal year 1996 pursuant to section 101.
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1 Subtitle C—Navy Programs

2 SEC. 131. REPEAL OF PROHIBITION ON BACKFIT OF TRI3 DENT SUBMARINES.

4 Section 124 of the National Defense Authorization Act

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

6 is repealed.

7 SEC. 132. REPEAL OF LIMITATION ON TOTAL COST FOR

8 SSN–21 AND SSN–22 SEAWOLF SUBMARINES.

9 Section 122 of the National Defense Authorization Act

10 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2682)

11 is repealed.

12 SEC. 133. COMPETITION REQUIRED FOR SELECTION OF

13 SHIPYARDS FOR CONSTRUCTION OF VESSELS

14 FOR NEXT GENERATION ATTACK SUBMARINE

15 PROGRAM.

16 (a) COMPETITION REQUIRED.—The Secretary of the

17 Navy shall select on a competitive basis the shipyard for

18 construction of each vessel for the next generation attack

19 submarine program.

20 (b) PROGRAM IDENTIFIED.—The next generation at21 tack submarine program shall begin with the first sub22 marine for which the Secretary of the Navy enters into a

23 contract for construction after the submarine that is pro24 grammed to be constructed using funds appropriated for fis25 cal year 1998.
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1 Subtitle D—Air Force Programs

2 SEC. 141. REPEAL OF LIMITATIONS.

3 The following provisions of law are repealed:

4 (1) Section 112 of the National Defense Author5 ization Act for Fiscal Years 1990 and 1991 (Public

6 Law 101–189; 103 Stat. 1373).

7 (2) Section 151(c) of the National Defense Au8 thorization Act for Fiscal Year 1993 (Public Law

9 102–484; 106 Stat. 2339).

10 (3) Sections 131(c) and 131(d) of the National

11 Defense Authorization Act for Fiscal Year 1994 (Pub12 lic Law 103–160; 107 Stat. 1569).

13 (4) Section 133(e) of the National Defense Au14 thorization Act for Fiscal Year 1995 (Public Law

15 103–337; 108 Stat. 2688).

16 Subtitle E—Chemical

17 Demilitarization Program

18 SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDI19 TIOUSLY WITH DEVELOPMENT OF CHEMICAL

20 DEMILITARIZATION CRYOFRACTURE FACIL21 ITY AT TOOELE ARMY DEPOT, UTAH.

22 Subsection (a) of section 173 of the National Defense

23 Authorization Act for Fiscal Years 1990 and 1991 (Public

24 Law 101–189; 103 Stat. 1393) is repealed.
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1 SEC. 152. SENSE OF CONGRESS REGARDING COST GROWTH

2 IN PROGRAM FOR DESTRUCTION OF THE EX3 ISTING STOCKPILE OF LETHAL CHEMICAL

4 AGENTS AND MUNITIONS.

5 The Congress is concerned that growth in the estimated

6 cost of the program to demilitarize the United States’ stock7 pile of lethal chemical agents and munitions raises serious

8 questions regarding that program. Accordingly, it is the

9 sense of Congress that the Secretary of Defense should con10 sider measures to reduce the overall cost of the chemical

11 stockpile demilitarization program, while minimizing total

12 risk and ensuring the maximum protection for the environ13 ment, the general public, and the personnel involved in the

14 destruction of lethal chemical agents and munitions.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION

18 Subtitle A—Authorization of

19 Appropriations

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for fis22 cal year 1996 for the use of the Department of Defense for

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

24 (1) For the Army, $4,774,947,000.

25 (2) For the Navy, $8,516,509,000.

26 (3) For the Air Force, $13,184,102,000.
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1 (4) For Defense-wide activities, $9,548,986,000,

2 of which $239,341,000 is authorized for the activities

3 of the Director, Test and Evaluation.

4 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR5 ATORY DEVELOPMENT.

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

7 to be appropriated by section 201, $4,181,076,000 shall be

8 available for basic research and exploratory development

9 projects.

10 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP11 MENT DEFINED.—For purposes of this section, the term

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

13 funded in program elements for defense research and devel14 opment under Department of Defense category 6.1 or 6.2.

15 SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL

16 RESEARCH AND DEVELOPMENT PROGRAM.

17 (a) PURPOSES OF PROGRAM.—Section 2901(b) of title

18 10, United States Code, is amended—

19 (1) in paragraph (1)—

20 (A) by striking out ‘‘and the Department of

21 Energy’’; and

22 (B) by striking out ‘‘their’’ and inserting in

23 lieu thereof ‘‘its’’;

24 (2) by striking out paragraph (3); and
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1 (3) by redesignating paragraph (4) as para2 graph (3).

3 (b) COUNCIL.—Section 2902 of such title is amended—

4 (1) in subsection (b)—

5 (A) by striking out ‘‘thirteen’’ and inserting

6 in lieu thereof ‘‘12’’;

7 (B) by striking out paragraph (3);

8 (C) by redesignating paragraphs (4), (5),

9 (6), (7), (8), (9), and (10) as paragraphs (3),

10 (4), (5), (6), (7), (8), and (9), respectively; and

11 (D) in paragraph (8), as redesignated, by

12 striking out ‘‘, who shall be nonvoting members’’;

13 (2) in subsection (d)—

14 (A) by striking out paragraph (3);

15 (B) by redesignating paragraph (4) as

16 paragraph (3) and in that paragraph by strik17 ing out ‘‘Federal Coordinating Council on

18 Science, Engineering, and Technology’’ and in19 serting in lieu thereof ‘‘National Science and

20 Technology Council’’; and

21 (C) by redesignating paragraphs (5) and

22 (6) as paragraphs (4) and (5), respectively;

23 (3) in subsection (e)—

24 (A) by striking out paragraphs (1), (2), and

25 (3);
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1 (B) by redesignating paragraphs (4), (5),

2 (6), (7), (8), (9), and (10) as paragraphs (1),

3 (2), (3), (4), (5), (6), and (7) respectively;

4 (C) in paragraph (2), as redesignated, by

5 striking out ‘‘such national and international

6 environmental problems as climate change and

7 ozone depletion’’ and inserting in lieu thereof

8 ‘‘national and international environmental prob9 lems’’; and

10 (D) in paragraph (4), as redesignated, by

11 striking out ‘‘clauses (2) through (6)’’ and insert12 ing in lieu thereof ‘‘paragraphs (1) through (3)’’;

13 (4) by striking out subsections (f) and (h); and

14 (5) by redesignating subsection (g) as subsection

15 (f).

16 (c) COMPETITIVE PROCEDURES.—Section 2903(c) of

17 such title is amended—

18 (1) by striking out ‘‘or’’ after ‘‘contracts’’ and

19 inserting in lieu thereof ‘‘using competitive proce20 dures. The Executive Director may enter into’’; and

21 (2) by striking out ‘‘law, except that’’ and insert22 ing in lieu thereof ‘‘law. In either case,’’.

23 (d) SCIENTIFIC ADVISORY BOARD.—Section 2904 of

24 such title is amended—

25 (1) in subsection (a)—
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1 (A) by striking out ‘‘and the Secretary of

2 Energy’’; and

3 (B) by inserting after ‘‘in consultation

4 with’’ the following: ‘‘the Secretary of Energy

5 and’’;

6 (2) in subsection (b)—

7 (A) by striking out paragraph (3); and

8 (B) by redesignating paragraph (4) as

9 paragraph (3) and in that paragraph by strik10 ing out ‘‘three’’ and inserting in lieu thereof ‘‘not

11 less than two years and not more than six’’;

12 (3) by striking out subsections (g) and (h); and

13 (4) by redesignating subsection (i) as subsection

14 (g).

15 Subtitle B—Program Requirements,

16 Restrictions, and Limitations

17 SEC. 211. SPACE LAUNCH MODERNIZATION.

18 (a) ALLOCATION OF FUNDS.—Of the amount appro19 priated pursuant to the authorization in section 201(3)—

20 (1) $100,000,000 shall be available for a com21 petitive reusable rocket technology program (PE

22 63401F); and

23 (2) $7,500,000 shall be available for evaluation

24 of prototype hardware of low-cost expendable launch

25 vehicles (PE 63401F).
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1 (b) LIMITATION.—Funds made available pursuant to

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

3 the fiscal year 1996 current operating plan of the National

4 Aeronautics and Space Administration allocates at least an

5 equal amount for its Reusable Space Launch program.

6 SEC. 212. MANEUVER VARIANT UNMANNED AERIAL VEHI7 CLE.

8 None of the amounts appropriated or otherwise made

9 available pursuant to the authorizations in section 201 may

10 be obligated for the Maneuver Variant Unmanned Aerial

11 Vehicle.

12 SEC. 213. TACTICAL MANNED RECONNAISSANCE.

13 None of the amounts appropriated or otherwise made

14 available pursuant to an authorization in this Act may be

15 used by the Secretary of the Air Force to conduct research,

16 development, test, or evaluation for a replacement aircraft,

17 pod, or sensor payload for the tactical manned reconnais18 sance mission.

19 SEC. 214. ADVANCED LITHOGRAPHY PROGRAM.

20 Section 216 of the National Defense Authorization Act

21 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2693)

22 is amended—

23 (1) in subsection (a), by striking out ‘‘to help

24 achieve’’ and all that follows through the end of the

25 subsection and inserting in lieu thereof ‘‘to ensure
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1 that lithographic processes being developed by Amer2 ican-owned manufacturers operating in the United

3 States will lead to superior performance electronics

4 systems for the Department of Defense. For purposes

5 of the preceding sentence, the term ‘American-owned

6 manufacturers’ means a manufacturing company or

7 other business entity the majority ownership or con8 trol of which is by United States citizens.’’; and

9 (2) in subsection (b), by adding at the end the

10 following new paragraph:

11 ‘‘(3) The Director of the Defense Advanced Research

12 Projects Agency may set priorities and funding levels for

13 various technologies being developed for the ALP and shall

14 consider funding recommendations by the SIA as advi15 sory.’’.

16 SEC. 215. ENHANCED FIBER OPTIC GUIDED MISSILE SYS17 TEM.

18 (a) CERTIFICATION.—Not later than December 1,

19 1995, the Secretary of the Army shall certify to the congres20 sional defense committees whether there is a requirement

21 for the enhanced fiber optic guided missile (EFOG-M) sys22 tem and whether there is a cost and effectiveness analysis

23 supporting such requirement.

24 (b) LIMITATIONS.—(1) The Secretary of the Army may

25 not obligate more than $280,000,000 (based on fiscal year
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1 1995 constant dollars) to develop and deliver for test and

2 evaluation by the Army the following items:

3 (A) 44 EFOG-M test missiles.

4 (B) 256 fully operational EFOG-M missiles.

5 (C) 12 fully operational fire units.

6 (2) The Secretary of the Army may not spend funds

7 for the EFOG-M system after September 30, 1998, if the

8 items described in paragraph (1) have not been delivered

9 to the Army by that date at the cost estimated for such sys10 tem as of the date of the enactment of this Act.

11 (c) GOVERNMENT-FURNISHED EQUIPMENT.—The Sec12 retary of the Army shall assure that all Government-fur13 nished equipment that the Army agrees to provide under

14 the contract for the EFOG-M system is provided to the

15 prime contractor in accordance with the terms of the con16 tract.

17 SEC. 216. JOINT ADVANCED STRIKE TECHNOLOGY (JAST)

18 PROGRAM.

19 (a) ALLOCATION OF FUNDS.—Of the amount appro20 priated pursuant to the authorizations in section 201,

21 $280,156,000 shall be available for the Joint Advanced

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

23 (1) $123,795,000 shall be available for PE

24 63800N;
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1 (2) $125,686,000 shall be available for PE

2 63800F; and

3 (3) $30,675,000 shall be available for PE

4 63800E.

5 (b) LIMITATION.—Not more than 75 percent of the

6 amount appropriated for such program pursuant to the au7 thorizations in section 201 may be obligated until a period

8 of 30 days has expired after the report specified in sub9 section (c) is submitted to the congressional defense commit10 tees.

11 (c) REPORT.—The Secretary of Defense shall submit

12 to the congressional defense committees a report, in unclas13 sified and classified form, not later than March 1, 1996,

14 that sets forth in detail the following information for the

15 period 1997 through 2005:

16 (1) What the total joint requirement, under two

17 major regional contingency (MRC) assumptions, is

18 for the following:

19 (A) Numbers of tactical combat aircraft and

20 the characteristics required of those aircraft in

21 terms of capabilities, range, and observability22 stealthiness.

23 (B) Surface- and air-launched standoff pre24 cision guided munitions.

25 (C) Cruise missiles.
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1 (D) Ground-based systems, such as Ex2 tended Range-Multiple Launch Rocket System

3 and the Army Tactical Missile System

4 (ATACMS), for joint warfighting capability.

5 (2) What the major regional contingency warn6 ing time assumptions are, and what the effect on fu7 ture tactical fighter/attack aircraft requirements are

8 using other warning time assumptions.

9 (3) What requirements exist for the Joint Ad10 vanced Strike Technology program that cannot be met

11 by existing aircraft or by those in development.

12 Subtitle C—Ballistic Missile

13 Defense Act of 1995

14 SEC. 231. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Ballistic Missile De16 fense Act of 1995’’.

17 SEC. 232. BALLISTIC MISSILE DEFENSE POLICY OF THE

18 UNITED STATES.

19 It is the policy of the United States—

20 (1) to deploy at the earliest practical date highly

21 effective theater missile defenses (TMDs) to protect

22 forward-deployed and expeditionary elements of the

23 Armed Forces of the United States and to complement

24 and support the missile defense capabilities of friend25 ly forces and of allies of the United States; and
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1 (2) to deploy at the earliest practical date a na2 tional missile defense (NMD) system that is capable

3 of providing a highly effective defense of the United

4 States against limited ballistic missile attacks.

5 SEC. 233. IMPLEMENTATION OF POLICY.

6 (a) TMD DEPLOYMENT.—To implement the policy es7 tablished in section 232(1), the Secretary of Defense shall

8 develop and deploy at the earliest practical date advanced

9 theater missile defense (TMD) systems.

10 (b) NMD SYSTEM ARCHITECTURE.—To implement the

11 policy established in section 232(2), the Secretary of Defense

12 shall develop for deployment at the earliest practical date

13 an affordable, operationally-effective National Missile De14 fense (NMD) system designed to protect the United States

15 against limited ballistic missile attacks. The system to be

16 developed for deployment shall include the following:

17 (1) Up to 100 ground-based interceptors at a

18 single site or a greater number of interceptors at a

19 number of sites, as determined necessary by the Sec20 retary.

21 (2) Fixed, ground-based radars.

22 (3) Space-based sensors, including, within the

23 type of space-based sensors known as ABM-adjunct

24 sensors (such sensors not being prohibited by the ABM

25 Treaty), those sensor systems (such as the Space and
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1 Missile Tracking System) that are capable of cuing

2 ground-based anti-ballistic missile interceptors and of

3 providing initial targeting vectors.

4 (4) Battle management, command, control, and

5 communications.

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

7 than 90 days after the date of the enactment of this Act,

8 the Secretary of Defense shall submit to the congressional

9 defense committees a report setting forth the Secretary’s

10 plan for—

11 (1) the deployment of advanced theater missile

12 defense (TMD) systems pursuant to subsection (a);

13 and

14 (2) the deployment of a national missile defense

15 system which meets the requirements specified in sub16 section (b).

17 SEC. 234. FOLLOW-ON TECHNOLOGIES RESEARCH AND DE18 VELOPMENT.

19 (a) FOLLOW-ON NATIONAL AND THEATER MISSILE

20 DEFENSE TECHNOLOGY.—The Secretary shall pursue re21 search and development of technologies and systems related

22 to national missile defense and theater missile defense in

23 order to provide future options for—

24 (1) protecting the United States against limited

25 ballistic missile attacks; and
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1 (2) defending forward-deployed and expedition2 ary elements of the Armed Forces of the United States

3 and complementing and supporting the missile de4 fense capabilities of friendly forces and allies of the

5 United States.

6 (b) EXCLUSION OF CERTAIN SYSTEMS FROM INITIAL

7 DEPLOYMENT.—The initial National Missile Defense sys8 tem architecture developed for deployment pursuant to sec9 tion 233(b) may not include—

10 (1) ground-based or space-based directed energy

11 weapons; or

12 (2) space-based interceptors.

13 SEC. 235. POLICY ON COMPLIANCE WITH THE ABM TREATY.

14 (a) POLICY CONCERNING SYSTEMS SUBJECT TO ABM

15 TREATY.—Congress finds that, unless and until a missile

16 defense system, system upgrade, or system component is

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

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

19 component—

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

21 been tested in an ABM mode nor been given capabili22 ties to counter strategic ballistic missiles; and

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

24 limitation, or obligation under the ABM Treaty.
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1 (b) PROHIBITIONS.—(1) Funds appropriated to the

2 Department of Defense may not be obligated or expended

3 for the purpose of—

4 (A) prescribing, enforcing, or implementing any

5 Executive order, regulation, or policy that would

6 apply the ABM Treaty (or any limitation or obliga7 tion under such Treaty) to research, development,

8 testing, or deployment of a theater missile defense sys9 tem, a theater missile defense system upgrade, or a

10 theater missile defense system component; or

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

12 ABM Treaty (or any limitation or obligation under

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

14 testing, or deployment of a theater missile defense sys15 tem, a theater missile defense system upgrade, or a

16 theater missile defense system component.

17 (2) This subsection applies with respect to each missile

18 defense system, missile defense system upgrade, or missile

19 defense system component that is capable of countering

20 modern theater ballistic missiles.

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

22 to a missile defense system, missile defense system upgrade,

23 or missile defense system component when that system, sys24 tem upgrade, or system component has been flight tested

25 in an ABM-qualifying flight test.
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1 (c) ABM-QUALIFYING FLIGHT TEST DEFINED.—For

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

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

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

5 of 5 kilometers per second.

6 SEC. 236. BALLISTIC MISSILE DEFENSE PROGRAM AC7 COUNTABILITY.

8 (a) ANNUAL BMD PROGRAMS REPORT.—The Sec9 retary of Defense shall submit to the congressional defense

10 committees an annual report describing the technical mile11 stones, schedule, and cost of each ballistic missile defense

12 program specified in subsection (c).

13 (b) MATTERS TO BE INCLUDED.—Each report under

14 subsection (a) shall list all technical milestones, program

15 schedule milestones, and costs of each phase of development

16 and acquisition, together with total estimated program

17 costs, covering the entire life of each program specified in

18 subsection (c).

19 (c) COVERED PROGRAMS.—The reports under this sec20 tion shall cover the following programs:

21 (1) Theater High Altitude Area Defense

22 (THAAD).

23 (2) Patriot Advanced Capability-3.

24 (3) Navy Lower Tier.

25 (4) Navy Upper Tier.
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1 (5) Corps Surface-to-Air Missile.

2 (6) Hawk.

3 (7) Boost Phase Intercept.

4 (8) National Missile Defense.

5 (9) Arrow.

6 (10) Medium Extended Air Defense.

7 (11) Any theater missile defense program or na8 tional missile defense program which the Department

9 of Defense initiates after the date of the enactment of

10 this Act.

11 (d) VARIANCE REPORTING REQUIREMENTS.—(1) In

12 the annual report under this section, the Secretary shall de13 scribe, with respect to each program covered in the report,

14 any difference in the technical milestones, program schedule

15 milestones, and costs for that program—

16 (A) compared with the information relating to

17 that program in the report submitted in the previous

18 year; and

19 (B) compared with the information relating to

20 that program in the first report submitted under this

21 section in which that program is covered.

22 (2) Paragraph (1)(A) shall not apply to the first report

23 submitted under this section.

24 (e) DATE OF SUBMISSION.—The report required by

25 this section for any year shall be submitted not later than
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1 30 days after the date on which the President’s budget for

2 the next fiscal year is submitted, except that the first report

3 shall be submitted not later than 90 days after the date of

4 the enactment of this Act.

5 SEC. 237. ABM TREATY DEFINED.

6 For purposes of this subtitle and subtitle D, the term

7 ‘‘ABM Treaty’’ means the Treaty Between the United States

8 and the Union of Soviet Socialist Republics on the Limita9 tion of Anti-Ballistic Missile Systems, and signed at Mos10 cow on May 26, 1972, and includes Protocols to that Trea11 ty, signed at Moscow on July 3, 1974.

12 SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.

13 The Missile Defense Act of 1991 is repealed.

14 Subtitle D—Other Ballistic Missile

15 Defense Provisions

16 SEC. 241. BALLISTIC MISSILE DEFENSE FUNDING FOR FIS17 CAL YEAR 1996.

18 Of the amounts authorized to be appropriated pursu19 ant to section 201 for fiscal year 1996 or otherwise made

20 available to the Department of Defense for fiscal year 1996,

21 not more than $3,070,199,000 may be obligated for Ballistic

22 Missile Defense programs.
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1 SEC. 242. POLICY CONCERNING BALLISTIC MISSILE

2 DEFENSE.

3 (a) BALLISTIC MISSILE DEFENSE AND OTHER

4 COUNTERPROLIFERATION EFFORTS.—The Congress views

5 the deployment of ballistic missile defenses as a necessary,

6 but not sufficient, element of a broader strategy to discour7 age both the proliferation of weapons of mass destruction

8 and the proliferation of means of their delivery and to de9 fend against the consequences of such proliferation. The

10 Congress, therefore, endorses and supports measures de11 signed to slow or halt the proliferation of advanced tech12 nologies that pose a threat to the safety and security of the

13 United States and to international stability.

14 (b) BALLISTIC MISSILE DEFENSE AND STRATEGIC

15 STABILITY.—(1) The Congress views the deployment of bal16 listic missile defenses as a strategically stabilizing measure.

17 (2) The deployment of Theater Missile Defense systems

18 at the earliest practical date pursuant to section 232(a)(1)

19 will deny potential adversaries the option of escalating a

20 conflict by threatening or attacking United States forces,

21 coalition partners of the United States, or allies of the Unit22 ed States with ballistic missiles armed with weapons of

23 mass destruction to offset the operational and technical ad24 vantages of the United States and its coalition partners and

25 allies.
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1 (3) The deployment of a National Missile Defense sys2 tem at the earliest practical date pursuant to section

3 232(a)(2) against the threat of limited ballistic missile

4 attacks—

5 (A) will strengthen deterrence at the levels of

6 forces agreed to by the United States and Russia

7 under the Strategic Arms Reduction Talks Treaties

8 (START–I and START–II); and

9 (B) would further strengthen deterrence if reduc10 tions below the levels permitted under START–II

11 should be agreed to in the future.

12 (c) PRESIDENTIAL DISCUSSIONS WITH OTHER NA13 TIONS.—(1) The Congress—

14 (A) notes that on the basis of section 235 it is

15 no longer necessary for the United States to continue

16 discussions with Russia to clarify the distinction be17 tween ABM and TMD systems and, therefore, urges

18 the President to discontinue any such discussions;

19 (B) notes that the ABM Treaty prohibits deploy20 ment of ground-based interceptors in a number that

21 would be sufficient to assure that the entire continen22 tal United States, Alaska, and Hawaii are defended

23 against limited ballistic missile attacks; and

24 (C) notes that past discussions with Russia,

25 based on Russian President Yeltsin’s proposal for a
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1 Global Protection System, held promise of an agree2 ment to amend the ABM Treaty to allow defense

3 against a limited ballistic missile attack that would

4 have included (among other measures) permitted de5 ployment of as many as four ground-based interceptor

6 sites in addition to the one site currently permitted

7 under the ABM Treaty and unrestricted exploitation

8 of ground-based and space-based sensors.

9 (2) In light of the findings in paragraph (1), Congress

10 urges the President to pursue high-level discussions with

11 Russia to amend the ABM Treaty to permit—

12 (A) deployment of the number of ground-based

13 ABM sites necessary to provide effective defense of the

14 entire territory of the United States against limited

15 ballistic missile attack; and

16 (B) the unrestricted exploitation of sensors based

17 within the atmosphere and in space.

18 (3) It is in the interest of the United States to develop

19 its own missile defense capabilities in a manner that will

20 permit the United States to complement and support the

21 missile defense capabilities developed and deployed by its

22 allies and possible coalition partners. Therefore, the Con23 gress urges the President—

24 (A) to pursue high-level discussions with allies

25 and selected other states on the means and methods by
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1 which the parties on a bilateral basis can cooperate

2 in the development, deployment, and operation of bal3 listic missile defenses;

4 (B) to take the initiative within the North Atlan5 tic Treaty Organization to develop consensus in the

6 Alliance for a timely deployment of effective ballistic

7 missile defenses by the Alliance; and

8 (C) in the interim, to seek agreement with allies

9 and selected other states on steps the parties should

10 take, consistent with their national interests, to re11 duce the risks posed by the threat of limited ballistic

12 missile attacks, such steps to include—

13 (i) the sharing of early warning informa14 tion derived from sensors deployed by the United

15 States and other states;

16 (ii) the exchange on a reciprocal basis of

17 technical data and technology to support both

18 joint development programs and the sale and

19 purchase of missile defense systems and compo20 nents; and

21 (iii) operational level planning to exploit

22 current missile defense capabilities and to help

23 define future requirements.
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1 SEC. 243. TESTING OF THEATER MISSILE DEFENSE INTER2 CEPTORS.

3 Subsection (a) of section 237 of the National Defense

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

5 160; 107 Stat. 1600) is amended to read as follows:

6 ‘‘(a) TESTING OF THEATER MISSILE DEFENSE INTER7 CEPTORS.—(1) The Secretary of Defense may not approve

8 a theater missile defense interceptor program proceeding be9 yond the low-rate initial production acquisition stage until

10 the Secretary certifies to the congressional defense commit11 tees that such program has successfully completed initial

12 operational test and evaluation.

13 ‘‘(2) In order to be certified under paragraph (1) as

14 having been successfully completed, the initial operational

15 test and evaluation conducted with respect to an intercep16 tors program must have included flight tests—

17 ‘‘(A) that were conducted with multiple intercep18 tors and multiple targets in the presence of realistic

19 countermeasures; and

20 ‘‘(B) the results of which demonstrate the

21 achievement by the interceptors of the baseline per22 formance thresholds.

23 ‘‘(3) For purposes of this subsection, the baseline per24 formance thresholds with respect to a program are the

25 weapons systems performance thresholds specified in the

26 baseline description for the system established (pursuant to
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1 section 2435(a)(1) of title 10, United States Code) before

2 the program entered the engineering and manufacturing de3 velopment stage.

4 ‘‘(4) The number of flight tests described in paragraph

5 (2) that are required in order to make the certification

6 under paragraph (1) shall be a number determined by the

7 Secretary of Defense to be sufficient for the purposes of this

8 section.

9 ‘‘(5) The Secretary may augment live-fire testing to

10 demonstrate weapons system performance goals for purposes

11 of the certification under paragraph (1) through the use of

12 modeling and simulation that is validated by ground and

13 flight testing.’’.

14 SEC. 244. REPEAL OF MISSILE DEFENSE PROVISIONS.

15 The following provisions of law are repealed:

16 (1) Section 222 of the Department of Defense

17 Authorization Act, 1986 (Public Law 99–145; 99

18 Stat. 613; 10 U.S.C. 2431 note).

19 (2) Section 225 of the Department of Defense

20 Authorization Act, 1986 (Public Law 99–145; 99

21 Stat. 614).

22 (3) Section 226 of the National Defense Author23 ization Act for Fiscal Years 1988 and 1989 (Public

24 Law 100–180; 101 Stat. 1057; 10 U.S.C. 2431 note).
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1 (4) Section 8123 of the Department of Defense

2 Appropriations Act, 1989 (Public Law 100–463; 102

3 Stat. 2270–40).

4 (5) Section 8133 of the Department of Defense

5 Appropriations Act, 1992 (Public Law 102–172; 105

6 Stat. 1211).

7 (6) Section 234 of the National Defense Author8 ization Act for Fiscal Year 1994 (Public Law 103–

9 160; 107 Stat. 1595; 10 U.S.C. 2431 note).

10 Subtitle E—Other Matters

11 SEC. 251. ALLOCATION OF FUNDS FOR MEDICAL COUNTER12 MEASURES AGAINST BIOWARFARE THREATS.

13 Section 2370a of title 10, United States Code, is

14 amended—

15 (1) in subsection (a), by striking out ‘‘Depart16 ment of Defense—’’ and all that follows through ‘‘not

17 more than 20 percent’’ and inserting in lieu thereof

18 ‘‘Department of Defense, not more than 50 percent’’;

19 and

20 (2) in subsection (b), by striking out paragraph

21 (2) and redesignating paragraphs (3), (4), and (5) as

22 paragraphs (2), (3), and (4), respectively.
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1 SEC. 252. ANALYSIS OF CONSOLIDATION OF BASIC RE2 SEARCH ACCOUNTS OF MILITARY DEPART3 MENTS.

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

5 shall conduct an analysis of the cost and effectiveness of

6 consolidating the basic research accounts of the military de7 partments. The analysis shall determine potential infra8 structure savings and other benefits of co-locating and con9 solidating the management of basic research.

10 (b) DEADLINE.—On or before March 1, 1996, the Sec11 retary shall submit to the Committee on Armed Services

12 of the Senate and the Committee on National Security of

13 the House of Representatives a report on the analysis con14 ducted under subsection (a).

15 SEC. 253. CHANGE IN REPORTING PERIOD FROM CALENDAR

16 YEAR TO FISCAL YEAR FOR ANNUAL REPORT

17 ON CERTAIN CONTRACTS TO COLLEGES AND

18 UNIVERSITIES.

19 Section 2361(c)(2) of title 10, United States Code, is

20 amended—

21 (1) by striking out ‘‘calendar year’’ and insert22 ing in lieu thereof ‘‘fiscal year’’; and

23 (2) by striking out ‘‘after the year’’ and insert24 ing in lieu thereof ‘‘after the fiscal year’’.
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1 SEC. 254. MODIFICATION TO UNIVERSITY RESEARCH INI2 TIATIVE SUPPORT PROGRAM.

3 Section 802 of the National Defense Authorization Act

4 for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1701)

5 is amended—

6 (1) in subsections (a) and (b), by striking out

7 ‘‘shall’’ both places it appears and inserting in lieu

8 thereof ‘‘may’’; and

9 (2) in subsection (e), by striking out the sentence

10 beginning with ‘‘Such selection process’’.

11 SEC. 255. ADVANCED FIELD ARTILLERY SYSTEM (CRU12 SADER).

13 (a) AUTHORITY TO USE FUNDS FOR ALTERNATIVE

14 PROPELLANT TECHNOLOGIES.—During fiscal year 1996,

15 the Secretary of the Army may use funds appropriated for

16 the liquid propellant portion of the Advanced Field Artil17 lery System (Crusader) program for fiscal year 1996 for

18 alternative propellant technologies and integration of those

19 technologies into the design of the Crusader system if—

20 (1) the Secretary determines that the technical

21 risk associated with liquid propellant will increase

22 costs and delay the initial operational capability of

23 the Crusader system; and

24 (2) the Secretary notifies the congressional de25 fense committees of the proposed use of the funds and

26 the reasons for the proposed use of the funds.
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1 (b) LIMITATION.—The Secretary of the Army may not

2 spend funds for the liquid propellant portion of the Cru3 sader system after August 1, 1996, unless significant

4 progress has been made toward meeting the objectives set

5 forth in subsection (c) and the statement described in sub6 section (d) has been submitted to the congressional defense

7 committees.

8 (c) OBJECTIVES.—The objectives referred to in sub9 section (b) are the following:

10 (1) Breech and ignition design criteria for rate

11 of fire for the cannon of the Crusader system have

12 been met.

13 (2) The final ignition concept has been designed

14 and successfully bench tested for the next prototype of

15 the cannon of the Crusader system.

16 (3) Designs to prevent chamber piston reversals

17 have been tested in a fixed weapons test stand.

18 (4) The chemistry and physics of propellant

19 burn resulting from the firing of liquid propellant

20 into any target zone are fully understood, and pre21 dictable firings have been demonstrated.

22 (5) An analysis of the management of heat dis23 sipation has been made for the full range of perform24 ance requirements for the cannon, and concept de-
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1 signs supported by that analysis are completed and

2 proposed for engineering.

3 (6) Engineering designs to control pressure oscil4 lations in the chamber during firing are proven and

5 planned for integration into the next prototype of the

6 cannon.

7 (7) Fill designs for the cannon chamber that

8 focus on preventing future chamber explosions have

9 been electronically simulated and bench tested.

10 (8) An assessment of the sensitivity of liquid

11 propellant to contamination by various materials to

12 which it may be exposed throughout the handling and

13 operation of the cannon is completed.

14 (d) STATEMENT.—The statement referred to in sub15 section (b) is a statement submitted to the congressional de16 fense committees not later than March 30, 1996, that con17 tains the following:

18 (1) An assertion that all the hazards associated

19 with liquid propellent have been identified and are

20 controllable to acceptable levels.

21 (2) An assessment of the technology for each com22 ponent of the Crusader system (the cannon, vehicle,

23 and crew module). The technology assessment shall in24 clude, for each performance goal of the Crusader sys25 tem (including total system weight), information
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1 about the maturity of the technology to achieve that

2 goal, the maturity of the design of the technology, and

3 the manner in which the design has been proven (for

4 example, through simulation, bench testing, or weap5 on firing).

6 (3) An assessment of the cost of continued devel7 opment of the Crusader system after August 1, 1996,

8 the cost of each unit of the Crusader system in the

9 year the Crusader system will be completed, and the

10 cost of each unit of the Future Armored Resupply Ve11 hicle (FARV) in the year that vehicle will be com12 pleted.

SEC. 256. REVIEW OF C4 13 I BY NATIONAL RESEARCH

14 COUNCIL.

15 (a) REVIEW BY NATIONAL RESEARCH COUNCIL.—Not

16 later than 90 days after the date of the enactment of this

17 Act, the Secretary of Defense shall enter into a contract with

18 the National Research Council of the National Academy of

19 Sciences to conduct a comprehensive review of current and

20 planned service and defense-wide programs for command,

control, communications, computers, and intelligence (C4 21 I)

22 with a special focus on cross-service and inter-service issues.

23 (b) MATTERS TO BE ASSESSED IN REVIEW.—The re24 view shall address the following:
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1 (1) The match between the capabilities provided

by current service and defense-wide C4 2 I programs and

3 the actual needs of users of these programs.

4 (2) The interoperability of service and defensewide C4 5 I systems that are planned to be operational

6 in the future.

7 (3) The need for an overall defense-wide architecture for C4 8 I.

9 (4) Proposed strategies for ensuring that future

C4 10 I acquisitions are compatible and interoperable

11 with an overall architecture.

12 (5) Technological and administrative aspects of

the C4 13 I modernization effort to determine the sound14 ness of the underlying plan and the extent to which

15 it is consistent with concepts for joint military oper16 ations in the future.

17 (c) TWO-YEAR PERIOD FOR CONDUCTING REVIEW.—

18 The National Research Council shall conduct the review

19 over the two-year period beginning upon completion of the

20 performance of the contract described in subsection (a).

21 (d) REPORTS.—(1) The National Research Council

22 shall submit to the Department of Defense and Congress in23 terim reports and progress updates on a regular basis as

24 the review proceeds. A final report on the review shall set

25 forth the findings, conclusions, and recommendations of the
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Council for defense-wide and service C4 1 I programs and

2 shall be submitted to the Committee on Armed Services of

3 the Senate, the Committee on National Security of the

4 House of Representatives, and the Secretary of Defense.

5 (2) To the maximum degree possible, the final report

6 shall be submitted in unclassified form with classified an7 nexes as necessary.

8 (e) INTERAGENCY COOPERATION WITH STUDY.—All

9 military departments, defense agencies, and other compo10 nents of the Department of Defense shall cooperate fully

11 with the National Research Council in its activities in car12 rying out the review under this section.

13 (f) EXPEDITED PROCESSING OF SECURITY CLEAR14 ANCES FOR STUDY.—For the purpose of facilitating the

15 commencement of the study under this section, the Secretary

16 of Defense shall expedite to the fullest degree possible the

17 processing of security clearances that are necessary for the

18 National Research Council to conduct the study.

19 (g) FUNDING.—Of the amount authorized to be appro20 priated in section 201 for defense-wide activities, $900,000

21 shall be available for the study under this section.
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1 SEC. 257. FIVE-YEAR PLAN FOR FEDERALLY FUNDED RE2 SEARCH AND DEVELOPMENT CENTERS

3 (FFRDCS).

4 (a) FIVE-YEAR PLAN.—The Secretary of Defense, in

5 consultation with the Secretaries of the military depart6 ments, shall develop a five-year plan to reduce and consoli7 date the activities performed by federally funded research

8 and development centers (FFRDCs) and establish a frame9 work for the future workload of such centers.

10 (b) OBJECTIVES.—The plan shall set forth the manner

11 in which the Secretary of Defense could achieve by October

12 1, 2000, the following:

13 (1) Implementation by federally funded research

14 and development centers of only those core activities,

15 as defined by the Secretary, that require the unique

16 capabilities and arrangements afforded by such cen17 ters.

18 (2) Consolidation of such core level activities into

19 as few federally funded research and development cen20 ters as is practical and possible.

21 (3) Acquisition of systems engineering and sys22 tems integration activities currently performed by

23 federally funded research and development centers

24 through the use of competitive procedures.

25 (4) Transfer of the management of the Software

26 Engineering Initiative activities to the Defense Infor-
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1 mation Systems Agency for purposes of supporting

2 command, control, communications, computing, and

intelligence (C4 3 I) programs.

4 (5) Transfer of the management of the core ac5 tivities of Lincoln Laboratory to the Office of the Sec6 retary of Defense.

7 (6) Acquisition of services provided to the De8 partment of Defense by university-affiliated research

9 centers (that operate like federally funded research

10 and development centers) through the use of competi11 tive procedures.

12 (c) OTHER MATTERS.—The plan also shall include the

13 following:

14 (1) An assessment of the number of staff needed

15 in each federally funded research and development

16 center during each year over the five years covered by

17 the plan.

18 (2) A specific timetable for phasing in the objec19 tives set forth in subsection (b).

20 (d) REPORT.—Not later than February 1, 1996, the

21 Secretary of Defense shall submit to the congressional de22 fense committees a report on the plan.

23 (e) UNDISTRIBUTED REDUCTION.—The total amount

24 authorized to be appropriated for research, development,
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1 test, and evaluation in section 201 is hereby reduced by

2 $90,097,000.

3 SEC. 258. MANUFACTURING TECHNOLOGY PROGRAM.

4 (a) IN GENERAL.—Section 2525 of title 10, United

5 States Code, is amended as follows:

6 (1) The heading is amended by striking out the

7 second and third words.

8 (2) Subsection (a) is amended by striking out

9 ‘‘Science and’’.

10 (3) Subsection (d) is amended—

11 (A) in paragraph (2)—

12 (i) by striking out ‘‘or’’ at the end of

13 subparagraph (A);

14 (ii) by striking out the period at the

15 end of subparagraph (B) and inserting in

16 lieu thereof ‘‘; or’’; and

17 (iii) by adding at the end the following

18 new subparagraph:

19 ‘‘(C) will be carried out by an institution of

20 higher education.’’; and

21 (B) by adding at the end the following new

22 paragraph:

23 ‘‘(3) At least 25 percent of the funds available for the

24 program each fiscal year shall be used for awarding grants

25 and entering into contracts, cooperative agreements, and
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1 other transactions on a cost-share basis under which the

2 ratio of recipient costs to Government costs is two to one.’’.

3 (b) CLERICAL AMENDMENT.—The item relating to sec4 tion 2525 in the table of sections at the beginning of chapter

5 148 of title 10, United States Code, is amended to read as

6 follows:

‘‘2525. Manufacturing technology program.’’.

7 SEC. 259. FIVE-YEAR PLAN FOR CONSOLIDATION OF DE8 FENSE LABORATORIES AND TEST AND EVAL9 UATION CENTERS.

10 (a) FIVE-YEAR PLAN.—The Secretary of Defense shall

11 develop a five-year plan to consolidate and restructure the

12 laboratories and test and evaluation centers of the Depart13 ment of Defense.

14 (b) OBJECTIVE.—The plan shall set forth the specific

15 actions needed to consolidate the laboratories and test and

16 evaluation centers into as few laboratories and centers as

17 is practical and possible, in the judgment of the Secretary,

18 by October 1, 2005.

19 (c) MATTERS TO BE CONSIDERED.—In developing the

20 plan, the Secretary shall consider the following:

21 (1) Consolidation of common support functions,

22 including the following:

23 (A) Aircraft (fixed wing and rotary).

24 (B) Weapons.

25 (C) Space systems.
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1 (D) Command, control, communications,

2 computers, and intelligence.

3 (2) The extent to which any military construc4 tion is planned at the laboratories and centers.

5 (3) The encroachment on the laboratories and

6 centers by residential and industrial expansion.

7 (4) The cost of operations and maintenance at

8 the laboratories and centers.

9 (5) The cost of environmental remediation at the

10 laboratories and centers.

11 (d) REPORT.—Not later than May 1, 1996, the Sec12 retary of Defense shall submit to the congressional defense

13 committees a report on the plan.

14 (e) LIMITATION.—Of the amounts appropriated or oth15 erwise made available pursuant to an authorization in sec16 tion 201 for the central test and evaluation investment de17 velopment program, not more than 40 percent may be obli18 gated before the report required by subsection (d) is submit19 ted to Congress.

20 SEC. 260. AERONAUTICAL RESEARCH AND TEST CAPABILI21 TIES ASSESSMENT.

22 (a) POLICY.—(1) It is in the Nation’s long-term na23 tional security interests to maintain preeminence in the

24 area of aeronautical research and test capabilities.
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1 (2) Continued advances in aeronautical science and

2 engineering are critical to sustaining the strategic and tac3 tical air superiority of the United States and coalition

4 forces, as well as United States economic security and inter5 national aerospace leadership.

6 (3) Encouragement of active Department of Defense

7 partnership with other Government agencies, academic in8 stitutions, and private industry to develop, maintain, and

9 enhance aeronautical research and test capabilities is in the

10 national security and economic interest of the Department

11 and the United States.

12 (b) REVIEW.—(1) In pursuit of the aeronautical re13 search and test capabilities policy set forth in subsection

14 (a), the Secretary of Defense shall conduct a comprehensive

15 review of the aeronautical research and test facilities and

16 capabilities of the United States in order to assess the cur17 rent condition of such facilities and capabilities.

18 (2) The review shall identify options for providing af19 fordable, operable, reliable, and responsive long-term aero20 nautical research and test capabilities for military and ci21 vilian purposes and for the organization and conduct of

22 such capabilities within the Department or through shared

23 operations with other Government agencies, academic insti24 tutions, and private industry. The review also shall set forth

25 in detail the projected costs of such options, including costs
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1 of acquisition and technical and financial arrangements

2 (including the use of Government facilities for reimbursable

3 private use).

4 (c) REPORT.—Not later than March 1, 1996, the Sec5 retary of Defense shall submit to the congressional defense

6 committees a report setting forth in detail the findings of

7 the review required by subsection (b). The report shall in8 clude recommendations on the most efficient and economic

9 means of developing, maintaining, and continually mod10 ernizing aeronautical research and test capabilities to meet

11 current, planned, and prospective military and civilian

12 needs.

13 SEC. 261. LIMITATION ON T–38 AVIONICS UPGRADE PRO14 GRAM.

15 (a) REQUIREMENT.—The Secretary of Defense shall

16 ensure that, in evaluating proposals submitted in response

17 to a solicitation issued for a contract for the T–38 Avionics

18 Upgrade Program, the proposal of an entity may not be

19 considered unless—

20 (1) in the case of an entity that conducts sub21 stantially all of its business in a foreign country, the

22 foreign country provides equal access to similar con23 tract solicitations in that country to United States

24 entities; and
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1 (2) in the case of an entity that conducts busi2 ness in the United States but that is owned or con3 trolled by a foreign government or by an entity incor4 porated in a foreign country, the foreign government

5 or foreign country of incorporation provides equal ac6 cess to similar contract solicitations in that country

7 to United States entities.

8 (b) DEFINITION.—In this section, the term ‘‘United

9 States entity’’ means an entity that is owned or controlled

10 by persons a majority of whom are United States citizens.

11 SEC. 262. CROSS REFERENCE TO CONGRESSIONAL DE12 FENSE POLICY CONCERNING NATIONAL

13 TECHNOLOGY AND INDUSTRIAL BASE, REIN14 VESTMENT, AND CONVERSION IN OPERATION

15 OF DEFENSE RESEARCH AND DEVELOPMENT

16 PROGRAMS.

17 (a) SECTION 2358 PROJECTS.—Section 2358(a)(2)(B)

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

19 before the period the following: ‘‘and advance the defense

20 policies and objectives specified in section 2501 of this

21 title’’.

22 (b) SECTION 2371 PROJECTS.—Section 2371(a) of

23 such title is amended by inserting before the period in the

24 first sentence the following: ‘‘for the purpose of advancing
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1 the defense policies and objectives specified in section 2501

2 of this title’’.

3 TITLE III—OPERATION AND

4 MAINTENANCE

5 Subtitle A—Authorization of

6 Appropriations

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

8 Funds are hereby authorized to be appropriated for fis9 cal year 1996 for the use of the Armed Forces and other

10 activities and agencies of the Department of Defense for ex11 penses, not otherwise provided for, for operation and main12 tenance in amounts as follows:

13 (1) For the Army, $19,339,936,000.

14 (2) For the Navy, $21,677,510,000.

15 (3) For the Marine Corps, $2,603,622,000.

16 (4) For the Air Force, $18,984,162,000.

17 (5) For Defense-wide activities, $10,680,371,000.

18 (6) For the Army Reserve, $1,139,591,000.

19 (7) For the Naval Reserve, $838,042,000.

20 (8) For the Marine Corps Reserve, $91,783,000.

21 (9) For the Air Force Reserve, $1,507,447,000.

22 (10) For the Army National Guard,

23 $2,394,108,000.

24 (11) For the Air National Guard,

25 $2,734,221,000.
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1 (12) For the Defense Inspector General,

2 $177,226,000.

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

4 the Armed Forces, $6,521,000.

5 (14) For Environmental Restoration, Defense,

6 $1,422,200,000.

7 (15) For Drug Interdiction and Counter-drug

8 Activities, Defense-wide, $680,432,000.

9 (16) For Medical Programs, Defense,

10 $9,876,525,000.

11 (17) For Summer Olympics, $15,000,000.

12 (18) For Cooperative Threat Reduction pro13 grams, $200,000,000.

14 (19) For Overseas Humanitarian, Disaster, and

15 Civic Aid programs, $50,000,000.

16 SEC. 302. WORKING CAPITAL FUNDS.

17 Funds are hereby authorized to be appropriated for fis18 cal year 1996 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for

20 providing capital for working capital and revolving funds

21 in amounts as follows:

22 (1) For the Defense Business Operations Fund,

23 $878,700,000.

24 (2) For the National Defense Sealift Fund,

25 $1,574,220,000.
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1 SEC. 303. ARMED FORCES RETIREMENT HOME.

2 There is hereby authorized to be appropriated for fiscal

3 year 1996 from the Armed Forces Retirement Home Trust

4 Fund the sum of $59,120,000 for the operation of the Armed

5 Forces Retirement Home, including the United States Sol6 diers’ and Airmen’s Home and the Naval Home.

7 Subtitle B—Defense Business

8 Operations Fund

9 SEC. 311. CODIFICATION OF DEFENSE BUSINESS OPER10 ATIONS FUND.

11 (a) MANAGEMENT OF WORKING-CAPITAL FUNDS.—(1)

12 Chapter 131 of title 10, United States Code, is amended

13 by inserting after section 2215 the following new section:

14 ‘‘§ 2216. Defense Business Operations Fund

15 ‘‘(a) MANAGEMENT OF WORKING-CAPITAL FUNDS AND

16 CERTAIN ACTIVITIES.—The Secretary of Defense may man17 age the performance of the working-capital funds and in18 dustrial, commercial, and support type activities described

19 in subsection (b) through the fund known as the Defense

20 Business Operations Fund, which is established on the books

21 of the Treasury. Except for the funds and activities specified

22 in subsection (b), no other functions, activities, funds, or

23 accounts of the Department of Defense may be managed

24 through the Fund.

25 ‘‘(b) FUNDS AND ACTIVITIES INCLUDED.—The funds

26 and activities referred to in subsection (a) are the following:
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1 ‘‘(1) Working-capital funds established under sec2 tion 2208 of this title and in existence on December

3 5, 1991.

4 ‘‘(2) Those activities that, on December 5, 1991,

5 were funded through the use of a working-capital fund

6 established under that section.

7 ‘‘(3) The Defense Finance and Accounting Serv8 ice.

9 ‘‘(4) The Defense Industrial Plant Equipment

10 Center.

11 ‘‘(5) The Defense Commissary Agency.

12 ‘‘(6) The Defense Technical Information Service.

13 ‘‘(7) The Defense Reutilization and Marketing

14 Service.

15 ‘‘(c) SEPARATE ACCOUNTING, REPORTING, AND AUDIT16 ING OF FUNDS AND ACTIVITIES.—(1) The Secretary of De17 fense shall provide in accordance with this subsection for

18 separate accounting, reporting, and auditing of funds and

19 activities managed through the Fund.

20 ‘‘(2) The Secretary shall maintain the separate iden21 tity of each fund and activity managed through the Fund

22 that (before the establishment of the Fund) was managed

23 as a separate fund or activity.

24 ‘‘(3) The Secretary shall maintain separate records for

25 each function for which payment is made through the Fund
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1 and which (before the establishment of the Fund) was paid

2 directly through appropriations, including the separate

3 identity of the appropriation account used to pay for the

4 performance of the function.

5 ‘‘(d) CHARGES FOR GOODS AND SERVICES PROVIDED

6 THROUGH THE FUND.—(1) Charges for goods and services

7 provided through the Fund shall include the following

8 amounts:

9 ‘‘(A) Amounts necessary to recover the full costs

10 of—

11 ‘‘(i) the development, implementation, oper12 ation, and maintenance of systems supporting

13 the wholesale supply and maintenance activities

14 of the Department of Defense; and

15 ‘‘(ii) the use of members of the armed forces

16 in the provision of the goods and services, com17 puted by calculating, to the maximum extent

18 practicable, such costs as if employees of the De19 partment of Defense were used in the provision

20 of the goods and services.

21 ‘‘(B) Amounts for depreciation of capital assets,

22 set in accordance with generally accepted accounting

23 principles.
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1 ‘‘(C) Amounts necessary to recover the full cost

2 of the operation of the Defense Finance Accounting

3 Service.

4 ‘‘(2) Charges for goods and services provided through

5 the Fund may not include the following amounts:

6 ‘‘(A) Amounts necessary to recover the costs of a

7 military construction project (as defined in section

8 2801(b) of this title), other than a minor construction

9 project financed by the Fund pursuant to section

10 2805(c)(1) of this title.

11 ‘‘(B) Amounts necessary to cover costs incurred

12 in connection with the closure or realignment of a

13 military installation.

14 ‘‘(e) CAPITAL ASSET SUBACCOUNT.—(1) Amounts

15 charged for depreciation of capital assets pursuant to sub16 section (d)(1)(B) shall be credited to a separate capital asset

17 subaccount established within the Fund.

18 ‘‘(2) The Secretary of Defense may award contracts for

19 capital assets of the Fund in advance of the availability

20 of funds in the subaccount.

21 ‘‘(f) PROCEDURES FOR ACCUMULATION OF FUNDS.—

22 The Secretary of Defense shall establish billing procedures

23 to ensure that the balance in the Fund does not exceed the

24 amount necessary to provide for the working capital re25 quirements of the Fund, as determined by the Secretary.
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1 ‘‘(g) PURCHASE FROM OTHER SOURCES.—The Sec2 retary of Defense or the Secretary of a military department

3 may purchase goods and services that are available for pur4 chase from the Fund from a source other than the Fund

5 if the Secretary determines that such source offers a more

6 competitive rate for the goods and services than the Fund

7 offers.

8 ‘‘(h) ANNUAL REPORTS AND BUDGET.—The Secretary

9 of Defense shall annually submit to Congress, at the same

10 time that the President submits the budget under section

11 1105 of title 31, the following:

12 ‘‘(1) A detailed report that contains a statement

13 of all receipts and disbursements of the Fund (includ14 ing such a statement for each subaccount of the Fund)

15 for the year for which the report is submitted.

16 ‘‘(2) A detailed proposed budget for the operation

17 of the Fund for the fiscal year for which the budget

18 is submitted.

19 ‘‘(3) A comparison of the amounts actually ex20 pended for the operation of the Fund for the previous

21 fiscal year with the amount proposed for the oper22 ation of the Fund for that fiscal year in the Presi23 dent’s budget.

24 ‘‘(4) A report on the capital asset subaccount of

25 the Fund that contains the following information:
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1 ‘‘(A) The opening balance of the subaccount

2 as of the beginning of the fiscal year in which

3 the report is submitted.

4 ‘‘(B) The estimated amounts to be credited

5 to the subaccount in the fiscal year in which the

6 report is submitted.

7 ‘‘(C) The estimated amounts of outlays to be

8 paid out of the subaccount in the fiscal year in

9 which the report is submitted.

10 ‘‘(D) The estimated balance of the sub11 account at the end of the fiscal year in which the

12 report is submitted.

13 ‘‘(E) A statement of how much of the esti14 mated balance at the end of the fiscal year in

15 which the report is submitted will be needed to

16 pay outlays in the immediately following fiscal

17 year that are in excess of the amount to be cred18 ited to the subaccount in the immediately follow19 ing fiscal year.

20 ‘‘(i) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘capital assets’ means the follow22 ing capital assets that have a development or acquisi23 tion cost of not less than $15,000:
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1 ‘‘(A) Minor construction projects financed

2 by the Fund pursuant to section 2805(c)(1) of

3 this title.

4 ‘‘(B) Automatic data processing equipment,

5 software, other equipment, and other capital im6 provements.

7 ‘‘(2) The term ‘Fund’ means the Defense Busi8 ness Operations Fund.’’.

9 (2) The table of sections at the beginning of such chap10 ter is amended by inserting after the item relating to section

11 2215 the following new item:

‘‘2216. Defense Business Operations Fund.’’.

12 (b) CONFORMING REPEALS.—The following provisions

13 of law are hereby repealed:

14 (1) Subsections (b), (c), (d), and (e) of section

15 311 of the National Defense Authorization Act for

16 Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.

17 2208 note).

18 (2) Subsections (a) and (b) of section 333 of the

19 National Defense Authorization Act for Fiscal Year

20 1994 (Public Law 103–160; 10 U.S.C. 2208 note).

21 (3) Section 342 of the National Defense Author22 ization Act for Fiscal Year 1993 (Public Law 102–

23 484; 10 U.S.C. 2208 note).
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1 (4) Section 316 of the National Defense Author2 ization Act for Fiscal Years 1992 and 1993 (Public

3 Law 102–190; 10 U.S.C. 2208 note).

4 (5) Section 8121 of the Department of Defense

5 Appropriations Act, 1992 (Public Law 102–172; 10

6 U.S.C. 2208 note).

7 SEC. 312. RETENTION OF CENTRALIZED MANAGEMENT OF

8 DEFENSE BUSINESS OPERATIONS FUND AND

9 PROHIBITION ON FURTHER EXPANSION OF

10 FUND.

11 (a) CENTRALIZED MANAGEMENT.—Subsection (a) of

12 section 2216 of title 10, United States Code, as added by

13 section 311(a), is amended—

14 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

15 Defense’’; and

16 (2) by adding at the end the following new para17 graph:

18 ‘‘(2) Management of the Fund, including management

19 of cash balances in the Fund, shall be exercised in the Office

20 of the Secretary of Defense under the immediate authority

21 of the Under Secretary of Defense (Comptroller). The Fund

22 shall be treated as a single account for purposes of sub23 chapter III of chapter 13 and subchapter II of chapter 15

24 of title 31.’’.
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1 (b) EXPANSION OF FUND.—Such subsection is further

2 amended by adding at the end of paragraph (1) the follow3 ing new sentence: ‘‘The Secretary may not convert to man4 agement through the Fund any function, activity, fund, or

5 account of the Department of Defense that is not managed

6 through the Fund as of the date of the enactment of the

7 National Defense Authorization Act for Fiscal Year 1996.’’.

8 SEC. 313. CHARGES FOR GOODS AND SERVICES PROVIDED

9 THROUGH DEFENSE BUSINESS OPERATIONS

10 FUND AND TERMINATION OF ADVANCE BILL11 ING PRACTICES.

12 (a) CHARGES INCLUDED.—Paragraph (1)(A)(ii) of

13 subsection (d) of section 2216 of title 10, United States

14 Code, as added by section 311(a), is amended by striking

15 out ‘‘as if employees of the Department of Defense were used

16 in the provision of the goods and services’’ and inserting

17 in lieu thereof ‘‘using the pay and allowances of the mem18 bers’’.

19 (b) CHARGES EXCLUDED.—Paragraph (2) of such sub20 section is amended by adding at the end the following new

21 subparagraph:

22 ‘‘(C) Amounts necessary to recover the costs of

23 functions designated by the Secretary of Defense as

24 mission critical, such as ammunition handling safety,

25 and amounts for ancillary tasks not directly related
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1 to the mission of the function or activity managed

2 through the Fund.’’.

3 (c) TERMINATION OF ADVANCE BILLING PRACTICES.—

4 Such subsection is further amended by adding at the end

5 the following new paragraph:

6 ‘‘(3) After September 30, 1996, functions and activities

7 managed through the Fund may not use advance billing

8 in the provision of goods and services to customers.’’.

9 SEC. 314. ANNUAL PROPOSED BUDGET FOR OPERATION OF

10 DEFENSE BUSINESS OPERATIONS FUND.

11 Subsection (h)(2) of section 2216 of title 10, United

12 States Code, as added by section 311(a), is amended by add13 ing at the end the following new sentence: ‘‘The proposed

14 budget shall include the amount necessary to cover the oper15 ating losses, if any, of the Fund for the previous fiscal

16 year.’’.

17 SEC. 315. REDUCTION IN REQUESTS FOR TRANSPORTATION

18 FUNDED THROUGH DEFENSE BUSINESS OP19 ERATIONS FUND.

20 (a) REDUCTION.—The Secretary of Defense shall direct

21 the heads of Defense-wide activities and the Secretaries of

22 the military departments to reduce requests during fiscal

23 year 1996 for purchasing transportation from the transpor24 tation accounts of the Defense Business Operations Fund

25 by $70,000,000 below the level of such requests during fiscal
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1 year 1995. The rates charged for transportation funded

2 through the Defense Business Operations Fund shall be re3 duced to reflect the effect of the reduced requests on overhead

4 costs.

5 (b) REPORT REQUIRED.—Not later than March 1,

6 1996, the Secretary of Defense shall submit to Congress a

7 report regarding—

8 (1) the effect on the Defense transportation orga9 nization of implementing certain consolidation pro10 posals, such as the elimination of duplication in the

11 component command structure; and

12 (2) the extent that transportation overhead, the

13 cost of which is passed on to customers, can be signifi14 cantly reduced without adversely affecting mobiliza15 tion requirements.

16 Subtitle C—Environmental

17 Provisions

18 SEC. 321. CLARIFICATION OF SERVICES AND PROPERTY

19 THAT MAY BE EXCHANGED TO BENEFIT THE

20 HISTORICAL COLLECTION OF THE ARMED

21 FORCES.

22 Section 2572(b) of title 10, United States Code, is

23 amended in paragraph (1) by striking out ‘‘not needed by

24 the armed forces’’ and all that follows through the end of

25 the paragraph and inserting in lieu thereof the following:
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1 ‘‘not needed by the armed forces for any of the following

2 items or services if they directly benefit the historical collec3 tion of the armed forces:

4 ‘‘(A) Similar items held by any individual, or5 ganization, institution, agency, or nation.

6 ‘‘(B) Conservation supplies, equipment, facilities,

7 or systems.

8 ‘‘(C) Search, salvage, or transportation services.

9 ‘‘(D) Restoration, conservation, or preservation

10 services.

11 ‘‘(E) Educational programs.’’.

12 SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DE13 FENSE ENVIRONMENTAL RESTORATION AC14 COUNT.

15 Section 2703(e) of title 10, United States Code is

16 amended to read as follows:

17 ‘‘(e) AMOUNTS RECOVERED.—The following amounts

18 shall be credited to the transfer account:

19 ‘‘(1) Amounts recovered under section 107 of

20 CERCLA for response actions of the Secretary.

21 ‘‘(2) Any other amounts recovered by the Sec22 retary or the Secretary of the military department

23 concerned from a contractor, insurer, surety, or other

24 person to reimburse the Department of Defense for
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1 any expenditure for environmental response activi2 ties.’’.

3 SEC. 323. REPEAL OF CERTAIN ENVIRONMENTAL EDU4 CATION PROGRAMS.

5 Sections 1333 and 1334 of the National Defense Au6 thorization Act for Fiscal Year 1994 (Public Law 103–160;

7 10 U.S.C. 2701 note) are repealed.

8 SEC. 324. REPEAL OF LIMITATION ON OBLIGATION OF

9 AMOUNTS TRANSFERRED FROM ENVIRON10 MENTAL RESTORATION TRANSFER ACCOUNT.

11 (a) REPEAL OF LIMITATION.—Section 2703 of title 10,

12 United States Code, is further amended—

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

14 (2) by redesignating subsection (d), subsection

15 (e) (as amended by section 322), and subsection (f) as

16 subsections (c), (d), and (e), respectively.

17 (b) EFFECT ON CONTRACTS.—Nothing in the amend18 ment made by subsection (a) shall be considered to negate

19 or invalidate any legal protection or legal defense available

20 to the Department of Defense under ‘‘force majeure’’ clauses

21 in environmental restoration contracts or agreements exist22 ing on the date of the enactment of this Act.
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1 SEC. 325. ELIMINATION OF AUTHORITY TO TRANSFER

2 AMOUNTS FOR TOXICOLOGICAL PROFILES.

3 Section 2704 of title 10, United States Code, is amend4 ed in subsections (c) and (d)(3)—

5 (1) by striking out ‘‘, such sums from amounts

6 appropriated to the Department of Defense,’’; and

7 (2) by striking out ‘‘, including the manner for

8 transferring funds and personnel and for coordina9 tion of activities under this section’’.

10 SEC. 326. SENSE OF CONGRESS ON USE OF DEFENSE ENVI11 RONMENTAL RESTORATION ACCOUNT.

12 It is the sense of Congress that the Secretary of Defense

13 should make every effort to limit, by the end of fiscal year

14 1997, spending for administration, support, studies, and

15 investigations associated with the Defense Environmental

16 Restoration Account to 20 percent of the total funding for

17 that account.

18 Subtitle D—Civilian Employees and

19 Nonappropriated Fund Instru20 mentality Employees

21 SEC. 331. MANAGEMENT OF DEPARTMENT OF DEFENSE CI22 VILIAN PERSONNEL.

23 Section 129 of title 10, United States Code, is amend24 ed—

25 (1) in subsection (a)—
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1 (A) by inserting ‘‘(including any limitation

2 on full-time equivalent positions)’’ before the pe3 riod at the end of the second sentence; and

4 (B) by adding at the end the following new

5 sentence: ‘‘The Secretary shall not be required to

6 make a reduction in the number of full-time

7 equivalent positions in the Department of De8 fense unless such reduction is necessary due to a

9 reduction in funds available to the Department

10 or is required under a law that is enacted after

11 the date of the enactment of the National Defense

12 Authorization Act for Fiscal Year 1996 and that

13 refers specifically to this subsection.’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(d) With respect to each budget activity within an

17 appropriation for any fiscal year for operations and main18 tenance, the Secretary of Defense shall ensure that there are

19 employed during that fiscal year employees in the number,

20 and of the type and with the skill mix, that are necessary

21 to carry out the functions within that budget activity for

22 which funds are provided for that fiscal year.’’.
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1 SEC. 332. MANAGEMENT OF DEPOT EMPLOYEES.

2 (a) DEPOT EMPLOYEES.—Chapter 146 of title 10,

3 United States Code, is amended by adding at the end the

4 following new section:

5 ‘‘§ 2472. Management of depot employees

6 ‘‘(a) PROHIBITION ON MANAGEMENT BY END

7 STRENGTH.—The civilian employees of the Department of

8 Defense involved in the depot-level maintenance and repair

9 of materiel may not be managed on the basis of any end10 strength constraint or limitation on the number of such em11 ployees who may be employed on the last day of a fiscal

12 year. Such employees shall be managed solely on the basis

13 of the available workload and the funds made available for

14 such depot-level maintenance and repair.

15 ‘‘(b) ANNUAL REPORT.—Not later than 60 days after

16 the beginning of each fiscal year, the Secretary of Defense

17 shall submit to the Committee on Armed Services of the

18 Senate and the Committee on National Security of the

19 House of Representatives a report on the number of employ20 ees employed and expected to be employed by the Depart21 ment of Defense during that fiscal year to perform depot22 level maintenance and repair of materiel. The report shall

23 indicate whether that number is sufficient to perform the

24 depot-level maintenance and repair functions for which

25 funds have been appropriated for that fiscal year for per26 formance by Department of Defense employees.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 146 of such title is amended by

3 adding at the end the following new item:

‘‘2472. Management of depot employees.’’.

4 SEC. 333. CONVERSION TO PERFORMANCE BY CIVILIAN EM5 PLOYEES OF ACTIVE-DUTY POSITIONS.

6 (a) CONVERSION TO CIVILIAN PERFORMANCE.—Dur7 ing fiscal year 1996, the Secretary of Defense shall change

8 to performance by employees of the Department of Defense

9 the performance of not less than 10,000 positions in the De10 partment of Defense that, as of September 30, 1995, were

11 designated to be performed by members of the Armed Forces

12 on active duty.

13 (b) IMPLEMENTATION PLAN.—Not later than March

14 31, 1996, the Secretary of Defense shall submit to the Com15 mittee on Armed Services of the Senate and the Committee

16 on National Security of the House of Representatives a plan

17 for the implementation of subsection (a).

18 SEC. 334. PERSONNEL ACTIONS INVOLVING EMPLOYEES OF

19 NONAPPROPRIATED FUND INSTRUMENTAL20 ITIES.

21 (a) CLARIFICATION OF DEFINITION OF NONAP22 PROPRIATED FUND INSTRUMENTALITY EMPLOYEE.—Sub23 section (a)(1) of section 1587 of title 10, United States Code,

24 is amended by adding at the end the following new sentence:

25 ‘‘Such term includes a civilian employee of a support orga-
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1 nization within the Department of Defense or a military

2 department, such as the Defense Finance and Accounting

3 Service, who is paid from nonappropriated funds on ac4 count of the nature of the employee’s duties.’’.

5 (b) DIRECT REPORTING OF VIOLATIONS.—Subsection

6 (e) of such section is amended in the second sentence by

7 inserting before the period the following: ‘‘and to permit

8 the direct reporting of alleged violations of subsection (b)

9 to the Inspector General of the Department of Defense’’.

10 (c) TECHNICAL AMENDMENT.—Subsection (a)(1) of

11 such section is further amended by striking out ‘‘Navy Re12 sale and Services Support Office’’ and inserting in lieu

13 thereof ‘‘Navy Exchange Service Command’’.

14 (d) CLERICAL AMENDMENTS.—(1) The heading of such

15 section is amended to read as follows:

16 ‘‘§ 1587. Employees of nonappropriated fund instru17 mentalities: personnel actions’’.

18 (2) The item relating to section 1587 in the table of

19 sections at the beginning of chapter 81 of such title is

20 amended to read as follows:

‘‘1587. Employees of nonappropriated fund instrumentalities: personnel actions.’’.

21 SEC. 335. TERMINATION OF OVERSEAS LIVING QUARTERS

22 ALLOWANCES FOR NONAPPROPRIATED FUND

23 INSTRUMENTALITY EMPLOYEES.

24 (a) PROHIBITION OF ALLOWANCE FOR NEW EMPLOY25 EES.—A nonappropriated fund instrumentality employee
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1 hired after the date of the enactment of this Act may not

2 be paid an overseas living quarters allowance from

3 nonappropriated funds of the nonappropriated fund instru4 mentality that employs the employee.

5 (b) TERMINATION OF ALLOWANCE FOR CURRENT EM6 PLOYEES.—A nonappropriated fund instrumentality em7 ployee who is eligible for an overseas living quarters allow8 ance on the date of the enactment of this Act shall cease

9 to be eligible for such an allowance after the earlier of—

10 (1) September 30, 1998; or

11 (2) the date on which the employee otherwise

12 ceases to be eligible for such an allowance.

13 (c) NONAPPROPRIATED FUND INSTRUMENTALITY EM14 PLOYEE DEFINED.—For purposes of this section, the term

15 ‘‘nonappropriated fund instrumentality employee’’ has the

16 meaning given such term in section 1587(a)(1) of title 10,

17 United States Code.

18 SEC. 336. OVERTIME EXEMPTION FOR NONAPPROPRIATED

19 FUND EMPLOYEES.

20 Section 6121(2) of title 5, United States Code, is

21 amended to read as follows:

22 ‘‘(2) ‘employee’ has the meaning given it by sec23 tion 2105(a) and also includes those paid from

24 nonappropriated funds of the Army and Air Force

25 Exchange Service, Navy Ship’s Stores Ashore, Navy
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1 exchanges, Marine Corps exchanges, Coast Guard ex2 changes, and other instrumentalities of the United

3 States under the jurisdiction of the armed forces con4 ducted for the comfort, pleasure, contentment, and

5 mental and physical improvement of personnel of the

6 armed forces;’’.

7 SEC. 337. CONTINUED HEALTH INSURANCE COVERAGE.

8 Section 8905a(d)(4) of title 5, United States Code, is

9 amended—

10 (1) in subparagraph (A), by inserting ‘‘, or a

11 voluntary separation from a surplus position,’’ after

12 ‘‘an involuntary separation from a position’’; and

13 (2) by adding at the end the following new sub14 paragraph:

15 ‘‘(C) For the purpose of this paragraph, ‘surplus posi16 tion’ means a position which is identified in pre-reduction

17 in force planning as no longer required, and which is ex18 pected to be eliminated under formal reduction-in-force pro19 cedures.’’.

20 SEC. 338. CREDITABILITY OF CERTAIN NAFI SERVICE

21 UNDER THE FEDERAL EMPLOYEES’ RETIRE22 MENT SYSTEM.

23 (a) IN GENERAL.—Subject to subsections (b) and (c),

24 upon application to the Office of Personnel Management,

25 any individual who, on the date of making such applica-
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1 tion, is an employee within the Department of Defense or

2 the legislative branch of the Government shall be allowed

3 credit under chapter 84 of title 5, United States Code (for

4 purposes of benefits payable out of the Fund) for any service

5 if—

6 (1) such service was performed by such individ7 ual as an employee of a nonappropriated fund instru8 mentality of the Department of Defense or the Coast

9 Guard, described in section 2105(c) of such title; and

10 (2) such individual has served continuously,

11 since moving (after December 31, 1986, and without

12 a break in service of more than 3 days) from a

13 nonappropriated fund instrumentality referred to in

14 paragraph (1), in—

15 (A) the Department of Defense; or

16 (B) the legislative branch of the Govern17 ment.

18 (b) CONDITIONS.—An individual may not be allowed

19 credit for service under this section unless—

20 (1) an application is filed before the deadline

21 under subsection (c);

22 (2) such individual has been subject to chapter

23 84 of title 5, United States Code, since moving in the

24 manner described in subsection (a)(2); and
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1 (3) such individual deposits to the credit of the

2 Fund an amount equal to 1.3 percent of the basic pay

3 paid to such individual for such service, with interest

4 (computed in accordance with paragraphs (2) and (3)

5 of section 8334(e) of title 5, United States Code).

6 (c) DEADLINE.—An application under this section

7 may not be filed after—

8 (1) the end of the 6-month period beginning on

9 the date of the enactment of this Act; or

10 (2) if earlier, the date on which a written deter11 mination is made by the Office of Personnel Manage12 ment that the actuarial present value of all benefits

13 payable as a result of the enactment of this section

14 has reached $50,000,000.

15 (d) REGULATIONS.—The Office of Personnel Manage16 ment shall prescribe any regulations necessary to carry out

17 this section.

18 (e) DEFINITION.—For purposes of this section, the

19 term ‘‘Fund’’ means the Civil Service Retirement and Dis20 ability Fund under section 8348 of title 5, United States

21 Code.
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1 Subtitle E—Commissaries and

2 Nonappropriated Fund Instru3 mentalities

4 SEC. 341. OPERATION OF COMMISSARY STORE SYSTEM.

5 (a) COOPERATION WITH OTHER ENTITIES.—Section

6 2482 of title 10, United States Code, is amended—

7 (1) in the section heading, by striking out ‘‘pri8 vate’’;

9 (2) by inserting ‘‘(a) PRIVATE OPERATION.—’’

10 before ‘‘Private persons’’; and

11 (3) by adding at the end the following new sub12 section:

13 ‘‘(b) CONTRACTS WITH OTHER AGENCIES AND IN14 STRUMENTALITIES.—(1) The Defense Commissary Agency,

15 and other agencies of the Department of Defense that sup16 port the operation of the commissary store system, may

17 enter into contracts or other agreements with other appro18 priated fund or nonappropriated fund instrumentalities of

19 the Department of Defense or other departments or agencies

20 of the United States to facilitate efficiency in the manage21 ment and operation of the commissary store system.

22 ‘‘(2) A commissary store operated by a

23 nonappropriated fund instrumentality shall be operated in

24 accordance with section 2484 of this title. Subject to such

25 section, the Secretary of Defense may authorize a transfer
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1 of goods, supplies, and facilities of, and funds appropriated

2 for, the Defense Commissary Agency to a nonappropriated

3 fund instrumentality operating a commissary store.’’.

4 (b) AUTHORIZATION FOR DISTRIBUTORS TO SERVE AS

5 VENDOR AGENTS.—Such section is further amended by

6 adding after subsection (b), as added by subsection (a), the

7 following new subsection:

8 ‘‘(c) PAYMENTS TO VENDOR AGENTS.—If a distributor

9 for a vendor of resale products under contract to the Defense

10 Commissary Agency is designated as an agent by and for

11 the vendor, the distributor may invoice the agency and ac12 cept payments from the agency under the vendor’s contract.

13 A distributor designated as a agent for purposes of this sub14 section may request payment for more than one product of

15 the vendor on the same invoice. All payments made by the

16 agency to a distributor designated by a vendor as the ven17 dor’s agent shall be considered payments under the vendor’s

18 contract, and the payments shall fulfill the payment obliga19 tions of the United States in the same manner as if the

20 payments had been made directly to the vendor.’’.

21 (c) CLERICAL AMENDMENT.—The item relating to such

22 section in the table of sections at the beginning of chapter

23 147 of such title is amended to read as follows:

‘‘2482. Commissary stores: operation.’’.
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1 SEC. 342. PRICING POLICIES FOR COMMISSARY STORE MER2 CHANDISE.

3 Section 2486(d)(1) of title 10, United States Code, is

4 amended—

5 (1) by striking out ‘‘each item’’ and inserting in

6 lieu thereof ‘‘items’’; and

7 (2) by striking out ‘‘actual product cost of the

8 item’’ and inserting in lieu thereof ‘‘total average

9 product cost of merchandise sold’’.

10 SEC. 343. LIMITED RELEASE OF COMMISSARY STORES

11 SALES INFORMATION TO MANUFACTURERS,

12 DISTRIBUTORS, AND OTHER VENDORS DOING

13 BUSINESS WITH DEFENSE COMMISSARY

14 AGENCY.

15 Section 2487(b) of title 10, United States Code, is

16 amended in the second sentence by inserting before the pe17 riod the following: ‘‘unless the agreement is between the De18 fense Commissary Agency and a manufacturer, distributor,

19 or other vendor doing business with the Agency and is re20 stricted to information directly related to merchandise pro21 vided by that manufacturer, distributor, or vendor’’.

22 SEC. 344. ECONOMICAL DISTRIBUTION OF DISTILLED SPIR23 ITS BY NONAPPROPRIATED FUND INSTRU24 MENTALITIES.

25 (a) ECONOMICAL DISTRIBUTION.—Subsection (a)(1) of

26 section 2488 of title 10, United States Code, is amended
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1 by inserting after ‘‘most competitive source’’ the following:

2 ‘‘and distributed in the most economical manner’’.

3 (b) DETERMINATION OF MOST ECONOMICAL DIS4 TRIBUTION METHOD.—Such section is further amended—

5 (1) by redesignating subsection (c) as subsection

6 (d); and

7 (2) by inserting after subsection (b) the following

8 new subsection:

9 ‘‘(c)(1) In the case of covered alcoholic beverage pur10 chases of distilled spirits, to determine whether a

11 nonappropriated fund instrumentality of the Department

12 of Defense represents the most economical method of dis13 tribution to package stores, the Secretary of Defense shall

14 consider all components of the distribution costs incurred

15 by the nonappropriated fund instrumentality, such as over16 head costs (including management, logistics, administra17 tion, depreciation, and utilities), the costs of carrying in18 ventory, and handling and distribution costs.

19 ‘‘(2) If the use of a private distributor would subject

20 covered alcoholic beverage purchases of distilled spirits to

21 direct or indirect State taxation, a nonappropriated fund

22 instrumentality shall be considered to be the most economi23 cal method of distribution regardless the results of the deter24 mination under paragraph (1).
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1 ‘‘(3) The Secretary shall use the agencies performing

2 audit functions on behalf of the armed forces and the In3 spector General of the Department of Defense to make deter4 minations under this subsection.’’.

5 SEC. 345. TRANSPORTATION BY COMMISSARIES AND EX6 CHANGES TO OVERSEAS LOCATIONS.

7 (a) IN GENERAL.—Chapter 157 of title 10, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 2643. Commissary and exchange services: transpor11 tation overseas

12 ‘‘The Secretary of Defense shall give the officials re13 sponsible for operation of commissaries and military ex14 changes the authority to negotiate directly with private car15 riers for the most cost-effective transportation of com16 missary and exchange supplies by sea without relying on

17 the Military Sealift Command or the Military Traffic Man18 agement Command. Section 2631 of this title, regarding the

19 preference for vessels of the United States or belonging to

20 the United States in the transportation of supplies by sea,

21 shall apply to the negotiation of transportation contracts

22 under the authority of this section.’’.

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

24 the beginning of such chapter is amended by adding at the

25 end the following new item:

‘‘2643. Commissary and exchange services: transportation overseas.’’.
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1 SEC. 346. DEMONSTRATION PROGRAM FOR UNIFORM FUND2 ING OF MORALE, WELFARE, AND RECREATION

3 ACTIVITIES AT CERTAIN MILITARY INSTALLA4 TIONS.

5 (a) DEMONSTRATION PROGRAM REQUIRED.—The Sec6 retary of Defense shall conduct a demonstration program

7 at six military installations, under which funds appro8 priated for the support of morale, welfare, and recreation

9 programs at the installations are combined with

10 nonappropriated funds available for such programs and

11 treated as nonappropriated funds. Under this demonstra12 tion program, the combined appropriated funds shall be ex13 pended pursuant to the laws and regulations that apply

14 to nonappropriated funds.

15 (b) COVERED MILITARY INSTALLATIONS.—The Sec16 retary of Defense shall select two military installations from

17 each military department to participate in the demonstra18 tion program.

19 (c) EFFECT ON CIVILIAN EMPLOYEES.—Civilian em20 ployees of the Department of Defense who are normally paid

21 using the appropriated funds that are combined under sub22 section (a) shall be considered to be nonappropriated fund

23 instrumentality employees unless they continue to be paid

24 using other appropriated funds. Any converted employee

25 shall automatically revert to the employee’s former status

26 at the end of the program or upon any action by manage-
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1 ment to terminate the employee, whichever occurs first. Any

2 converted employee shall retain retirement and medical

3 benefits under the employee’s former status.

4 (d) PERIOD OF DEMONSTRATION PROGRAM.—The

5 demonstration program shall terminate at the end of the

6 first full fiscal year beginning on or after the date of the

7 enactment of this Act.

8 (e) REPORT.—Not later than 90 days after the end of

9 the demonstration program, the Secretary of Defense shall

10 submit to Congress a report describing the results of the

11 demonstration program.

12 SEC. 347. CONTINUED OPERATION OF BASE EXCHANGE

13 MART AT FORT WORTH NAVAL AIR STATION

14 AND AUTHORITY TO EXPAND BASE EX15 CHANGE MART PROGRAM.

16 (a) CONTINUED OPERATION OF BASE EXCHANGE

17 MART.—Section 375 of the National Defense Authorization

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

19 2736) is amended by striking out ‘‘, until December 31,

20 1995,’’.

21 (b) EXPANSION OF BASE EXCHANGE MART PRO22 GRAM.—(1) Subject to paragraph (2), the Secretary of De23 fense may provide for the operation by a nonappropriated

24 fund instrumentality of not more than ten combined ex25 change and commissary stores, in which groceries are sold
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1 at five percent above cost and other items are sold at the

2 typical military exchange markup.

3 (2) The Secretary may select a military installation

4 as the location for a combined exchange and commissary

5 store only if—

6 (A) the installation has been or is selected for

7 closure or realignment; or

8 (B) the continued operation of a separate mili9 tary exchange and commissary store at the installa10 tion is not economically feasible.

11 (3) If a nonappropriated fund instrumentality incurs

12 a loss in operating a commissary store as a result of the

13 pricing requirements specified in paragraph (1), the Sec14 retary may authorize a transfer of funds appropriated for

15 the Defense Commissary Agency to the nonappropriated

16 fund instrumentality to offset the loss. However, the total

17 amount of appropriated funds transferred during a fiscal

18 year to support the operation of a commissary store may

19 not exceed an amount equal to 25 percent of the appro20 priated funds provided during the last full year of operation

21 of the commissary store by the Defense Commissary Agency.

22 (4) The combined military exchange and commissary

23 stores authorized under this subsection shall include the

24 combined military exchange and commissary store operated
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1 at the Naval Air Station Fort Worth, Joint Reserve Center,

2 Carswell Field, Texas.

3 (5) For purposes of this section, the term

4 ‘‘nonappropriated fund instrumentality’’ means the Army

5 and Air Force Exchange Service, Navy Exchange Service

6 Command, Marine Corps exchanges, or any other instru7 mentality of the United States under the jurisdiction of the

8 Armed Forces which is conducted for the comfort, pleasure,

9 contentment, or physical or mental improvement of mem10 bers of the Armed Forces.

11 SEC. 348. UNIFORM DEFERRED PAYMENTS PROGRAM FOR

12 MILITARY EXCHANGES.

13 (a) USE OF COMMERCIAL BANKING INSTITUTIONS.—

14 As soon as possible after the date of the enactment of this

15 Act, the Secretary of Defense shall endeavor to enter into

16 an agreement with a commercial banking institution under

17 which the commercial banking institution will fund and op18 erate the deferred payment programs of the Army and Air

19 Force Exchange Service and Navy Exchange Service Com20 mand. To ease the transition to commercial operation, the

21 Secretary may initially limit the agreement to one of the

22 two military exchange services.

23 (b) UNIFORM EXCHANGE CREDIT PROGRAM.—Not

24 later than January 1, 1997, the Secretary shall establish

25 a uniform deferred payment program for use in all military
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1 exchanges to replace the separate deferred payment pro2 grams currently operated by the Army and Air Force Ex3 change Service and Navy Exchange Service Command.

4 (c) REPORT.—Not later than December 31, 1995, the

5 Secretary of Defense shall submit to Congress a report de6 scribing the implementation of this section.

7 SEC. 349. AVAILABILITY OF FUNDS TO OFFSET EXPENSES

8 INCURRED BY ARMY AND AIR FORCE EX9 CHANGE SERVICE ON ACCOUNT OF TROOP

10 REDUCTIONS IN EUROPE.

11 Of funds authorized to be appropriated under section

12 301(5), not more than $70,000,000 shall be available to the

13 Secretary of Defense for transfer to the Army and Air Force

14 Exchange Service to offset expenses incurred by the Army

15 and Air Force Exchange Service on account of reductions

16 in the number of members of the United States Armed

17 Forces assigned to permanent duty ashore in Europe.

18 SEC. 350. STUDY REGARDING IMPROVING EFFICIENCIES IN

19 OPERATION OF MILITARY EXCHANGES AND

20 OTHER MORALE, WELFARE, AND RECREATION

21 ACTIVITIES AND COMMISSARY STORES.

22 (a) STUDY REQUIRED.—The Secretary of Defense shall

23 conduct a study regarding the manner in which greater effi24 ciencies can be achieved in the operation of—

25 (1) military exchanges;
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1 (2) other instrumentalities of the United States

2 under the jurisdiction of the Armed Forces which are

3 conducted for the comfort, pleasure, contentment, or

4 physical or mental improvement of members of the

5 Armed Forces; and

6 (3) commissary stores.

7 (b) REPORT OF STUDY.—Not later than March 1,

8 1996, the Secretary of Defense shall submit to Congress a

9 report describing the results of the study and containing

10 such recommendations as the Secretary considers appro11 priate to implement efficiency-building options identified

12 in the study.

13 SEC. 351. EXTENSION OF DEADLINE FOR CONVERSION OF

14 NAVY SHIPS’ STORES TO OPERATION AS

15 NONAPPROPRIATED FUND INSTRUMENTAL16 ITIES.

17 (a) EXTENSION.—Section 371(a) of the National De18 fense Authorization Act for Fiscal Year 1994 (Public Law

19 103–160; 10 U.S.C. 7604 note) is amended by striking out

20 ‘‘December 31, 1995’’ and inserting in lieu thereof ‘‘Decem21 ber 31, 1996’’.

22 (b) INSPECTOR GENERAL REVIEW.—Not later than

23 April 1, 1996, the Inspector General of the Department of

24 Defense shall submit to Congress a report—
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1 (1) evaluating the costs and benefits of convert2 ing the operation of all Navy ships’ stores to oper3 ation by the Navy Exchange Service Command, as re4 quired by section 371(a) of the National Defense Au5 thorization Act for Fiscal Year 1994 (Public Law

6 103–160; 10 U.S.C. 7604 note); and

7 (2) reviewing the Navy Audit Agency report re8 garding such conversion prepared pursuant to section

9 374 of the National Defense Authorization Act for

10 Fiscal Year 1995 (Public Law 103–337; 108 Stat.

11 2736).

12 Subtitle F—Contracting Out

13 SEC. 357. PROCUREMENT OF ELECTRICITY FROM MOST EC14 ONOMICAL SOURCE.

15 (a) PROCUREMENT OF ELECTRICITY.—(1) Chapter

16 147 of title 10, United States Code, is amended by inserting

17 after section 2483 the following new section:

18 ‘‘§ 2483a. Procurement of electricity from most eco19 nomical source

20 ‘‘The Secretary of Defense shall procure electricity for

21 use on military installations and by other activities and

22 functions of the Department of Defense from the most eco23 nomical source, as determined by the Secretary. The Sec24 retary shall make the determination required by this section

25 in the manner provided in section 2462 of this title.’’.
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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 2483 the following new item:

‘‘2483a. Procurement of electricity from most economical source.’’.

4 (b) EFFECTIVE DATE; RULE OF CONSTRUCTION.—The

5 amendment made by subsection (a) shall take effect on

6 March 1, 1996, except that the amendment shall not be con7 strued to require the termination of any contract for the

8 purchase of electricity for the Department of Defense entered

9 into before that date.

10 SEC. 358. PROCUREMENT OF CERTAIN COMMODITIES FROM

11 MOST ECONOMICAL SOURCE.

12 (a) PROCUREMENT OF SUPPLIES.—In the case of sup13 plies for the Department of Defense procured through the

14 General Services Administration as of the date of the enact15 ment of this Act, the Secretary of Defense shall procure such

16 supplies from another source if the Secretary determines

17 that the source can provide the supplies at a lower cost.

18 The Secretary shall make the determinations required by

19 this section in the manner provided in section 2462 of title

20 10, United States Code.

21 (b) EFFECTIVE DATE; RULE OF CONSTRUCTION.—The

22 amendment made by subsection (a) shall take effect on

23 March 1, 1996, except that the amendment shall not be con24 strued to require the termination of any contract between
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1 the Secretary of Defense and the General Services Adminis2 tration entered into before that date.

3 SEC. 359. INCREASE IN COMMERCIAL PROCUREMENT OF

4 PRINTING AND DUPLICATION SERVICES.

5 Notwithstanding any other provision of law, during

6 fiscal year 1996, the Defense Printing Service may use pri7 vate printing sources for up to 70 percent of its printing

8 and duplication services.

9 SEC. 360. DIRECT DELIVERY OF ASSORTED CONSUMABLE

10 INVENTORY ITEMS OF DEPARTMENT OF DE11 FENSE.

12 To reduce the expense and necessity of maintaining ex13 tensive warehouses for consumable inventory items of the

14 Department of Defense, the Secretary of Defense shall ar15 range for direct vendor delivery of food, clothing, medical

16 and pharmaceutical supplies, automotive, electrical, fuel,

17 and construction supplies, and other consumable inventory

18 items for military installations throughout the United

19 States. The Secretary shall complete implementation of this

20 direct vendor delivery system not later than September 30,

21 1996.

22 SEC. 361. OPERATIONS OF DEFENSE REUTILIZATION AND

23 MARKETING SERVICE.

24 The Secretary of Defense shall enter into a contract,

25 not later than July 1, 1996, for the performance by a com-
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1 mercial entity of all of the operations of the unit of the

2 Defense Logistics Agency known as the Defense

3 Reutilization and Marketing Service.

4 SEC. 362. PRIVATE OPERATION OF PAYROLL FUNCTIONS OF

5 DEPARTMENT OF DEFENSE FOR PAYMENT OF

6 CIVILIAN EMPLOYEES.

7 (a) PLAN ON CONTRACTING OUT.—Not later than

8 March 1, 1996, the Secretary of Defense shall submit to

9 Congress a plan regarding private operation of payroll

10 functions for civilian employees of the Department of De11 fense.

12 (b) IMPLEMENTATION.—Not later than October 1,

13 1996, the Secretary shall implement the plan developed

14 under subsection (a).

15 SEC. 363. DEMONSTRATION PROGRAM TO IDENTIFY

16 UNDERDEDUCTIONS AND OVERPAYMENTS

17 MADE TO VENDORS.

18 (a) DEMONSTRATION PROGRAM REQUIRED.—The Sec19 retary of Defense shall conduct a demonstration program

20 at the Defense Personnel Support Center, Philadelphia,

21 Pennsylvania, to evaluate the feasibility of using private

22 contractors to audit accounting and procurement records

23 of the Department of Defense to identify moneys due the

24 United States because of underdeductions and overpay25 ments made to vendors. Pursuant to an agreement between
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1 the Secretary and one or more private contractors selected

2 by the Secretary, the contractors shall perform an audit of

3 accounting and procurement records of the Department for

4 at least fiscal years 1993, 1994, and 1995 using commercial

5 sector data processing techniques, which would compare

6 purchase documents and agreements with vendor invoices

7 to discover discrepancies in allowances, pricing, discounts,

8 billback allowances, backhaul allowances, and freight rout9 ing instructions. The audit shall also attempt to identify

10 duplicate payments and unauthorized invoice charges.

11 (b) BONUS PAYMENT.—From amounts made available

12 to conduct the demonstration program, the Secretary may

13 pay the contractors a negotiated amount not to exceed 25

14 percent of all amounts recovered as a result of the audit.

15 (c) AVAILABILITY OF FUNDS.—From amounts author16 ized to be appropriated pursuant to section 301(5), not

17 more than $5,000,000 shall be available to cover the costs

18 of the demonstration program, including the cost of any

19 bonus payment under subsection (b).

20 SEC. 364. PILOT PROGRAM TO EVALUATE POTENTIAL FOR

21 PRIVATE OPERATION OF OVERSEAS DEPEND22 ENTS’ SCHOOLS.

23 (a) PILOT PROGRAM.—The Secretary of Defense may

24 conduct a pilot program to assess the feasibility of using

25 private contractors to operate schools of the defense depend-
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1 ents’ education system established under section 1402(a) of

2 the Defense Dependents’ Education Act of 1978 (20 U.S.C.

3 921(a)).

4 (b) SELECTION OF SCHOOL FOR PROGRAM.—If the

5 Secretary of Defense conducts the pilot program, the Sec6 retary shall select one school of the defense dependents’ edu7 cation system for participation in the program. Under the

8 pilot program, the Secretary shall provide for the operation

9 of the school by an appropriate private contractor for not

10 less than one complete school year.

11 (c) REPORT.—Not later than 30 days after the end of

12 the first school year in which the pilot program is con13 ducted, the Secretary of Defense shall submit to Congress

14 a report on the results of the program. The report shall in15 clude the recommendation of the Secretary with respect to

16 the extent to which other schools of the defense dependents’

17 education system should be operated by private contractors.

18 SEC. 365. PILOT PROGRAM FOR EVALUATION OF IMPROVED

19 DEFENSE TRAVEL PROCESSING PROTOTYPES.

20 (a) PILOT PROGRAM REQUIRED; LOCATION.—(1) The

21 Secretary of Defense, acting through the Under Secretary

22 of Defense (Comptroller), shall conduct a pilot program re23 garding two prototype tests of commercial travel applica24 tions to determine the best approach for the Department

25 of Defense Travel System.
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1 (2) The Secretary shall conduct the pilot program at

2 six military installations containing approximately equal

3 numbers of members of the Armed Forces. Two installations

4 shall be selected from each military department.

5 (b) DESCRIPTION OF PROTOTYPE TESTS.—The two re6 spective tests shall be as follows:

7 (1) In this test, three installations (one for each

8 military department), with the Department of Defense

9 acting as its own integrator, will implement the trav10 el processes proposed by the task force on travel man11 agement chartered by the Secretary of Defense in July

12 1994, and will offer specific business opportunities in

13 the services areas currently utilized, namely reserva14 tions and credit card technologies.

15 (2) In this test, three installations (one for each

16 military department), will contract out their entire

17 travel process, reserving only essential elements, such

18 as travel authorization, for performance by employees

19 of the Department of Defense. Particular attention

20 will be focused on the ability of the vendor to inte21 grate all processes into a responsive, reasonably

22 priced, uniform travel system.

23 (c) CONDUCT OF TESTS.—The two prototype tests shall

24 be conducted as follows:
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1 (1) Each test must accommodate the guidelines

2 for travel management issued by the Under Secretary

3 of Defense (Comptroller).

4 (2) The tests must take no more than 60 days to

5 set up and be operational for one year.

6 (d) EVALUATION CRITERIA.—The Secretary of Defense

7 shall establish evaluation criteria that include, at a mini8 mum—

9 (1) aligning travel policy and cost estimates

10 with mission at the point of reservation;

11 (2) using fully integrated solutions envisioned by

12 the Department of Defense travel reengineering report

13 of January 1995;

14 (3) matching credit card data and reservation

15 data with cost estimate data;

16 (4) matching data with a trip pro forma plan

17 to eliminate the need for further approvals; and

18 (5) a responsive and flexible management infor19 mation system for managers at all levels to monitor

20 travel expenses throughout the year, budget accurately

21 for any future year, and assess cost and value rela22 tionship regarding temporary duty travel for each

23 mission.
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1 (e) PLAN FOR PROGRAM.—Before conducting the pilot

2 program, the Secretary of Defense shall develop a plan for

3 the program that addresses the following:

4 (1) The purposes of the prototype test, including

5 the objective of reducing the total costs of managing

6 travel by at least one-half.

7 (2) The methodology, duration, and anticipated

8 costs, including an arrangement whereby the contrac9 tor would receive its agreed upon contract payment

10 plus an additional negotiated amount not to exceed

11 50 percent of the dollar savings achieved in excess of

12 the objective specified in paragraph (1).

13 (3) A specific citation to any provision or law,

14 rule, or regulation that, if not waived, would prohibit

15 the conduct of the program or any part of the pro16 gram.

17 (4) The evaluation mechanism required by sub18 section (d).

19 (5) A provision for implementing the most suc20 cessful prototype Department-wide, based upon final

21 assessment of results.
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1 SEC. 366. PILOT PROGRAM FOR PRIVATE OPERATION OF

2 CONSOLIDATED INFORMATION TECHNOLOGY

3 FUNCTIONS OF DEPARTMENT OF DEFENSE.

4 (a) PILOT PROGRAM REQUIRED.—(1) The Secretary

5 of Defense shall enter into discussions with private sector

6 entities for the purpose of issuing a request for proposal

7 to establish a pilot program to test and evaluate the cost

8 savings and efficiencies of private operation of all informa9 tion technology services for the Department of Defense cur10 rently being consolidated in Defense MegaCenters. The nego11 tiations shall be conducted so that the request for proposal

12 may be issued within 60 days after the date of the enact13 ment of this Act.

14 (2) The minimum workload to be contracted out in

15 the pilot program shall be equivalent to the workload of at

16 least three Defense MegaCenters.

17 (b) ESTABLISHMENT AND DURATION.—The Secretary

18 of Defense shall implement private operations under the

19 pilot program within one year after the date of the enact20 ment of this Act. The pilot program shall operate for not

21 more than a three-year period after implementation.

22 (c) GOAL OF PROGRAM.—The goal of the pilot program

23 is to receive proposals from private sector entities that, if

24 implemented, would reduce operating costs to the Depart25 ment of Defense for information technology functions by at
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1 least 35 percent in comparison to annual operating cost

2 as of the date of the enactment of this Act.

3 (d) PLAN OF PROGRAM.—Before conducting the pilot

4 program, the Secretary of Defense shall develop a plan for

5 the program that addresses the following:

6 (1) The purposes of the program.

7 (2) The methodology, duration, and anticipated

8 costs of the program, including the cost of an arrange9 ment whereby the private contractor would receive the

10 agreed upon contract payment plus an additional ne11 gotiated amount not to exceed 50 percent of the dollar

12 savings achieved in excess of the goal specified in sub13 section (c).

14 (3) A specific citation to any provisions of law,

15 rule, or regulation that, if not waived, would prohibit

16 the conduct of the program or any part of the pro17 gram.

18 (4) An evaluation mechanism for the program.

19 (5) A provision for expanding the program to all

20 information technology functions of the Department of

21 Defense, based upon final assessment of the results of

22 the program.

23 (e) SUSPENSION OF FURTHER CONSOLIDATION.—

24 Until the completion of the pilot program and submission

25 of the final report required under subsection (f)(2), none
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1 of the funds appropriated to the Department of Defense for

2 a fiscal year after fiscal year 1995 may be used to reduce

3 the number of data centers of the Department of Defense

4 to fewer than the 16 Defense MegaCenters identified as of

5 the date of the enactment of this Act.

6 (f) REPORTING REQUIREMENTS.—(1) Not later than

7 six months after commencing contracting out activities

8 under the pilot program, the Secretary of Defense shall sub9 mit to Congress an initial assessment report regarding the

10 implementation of the pilot program.

11 (2) The Secretary shall submit to Congress a final as12 sessment report, including a recommendation for expanding

13 the program as appropriate, not later than one year after

14 commencing contracting out activities under the pilot pro15 gram.

16 SEC. 367. REPORT ON EFFORTS TO CONTRACT OUT CER17 TAIN FUNCTIONS OF DEPARTMENT OF DE18 FENSE.

19 Not later than March 1, 1996, the Secretary of Defense

20 shall submit to Congress a report describing the advantages

21 and disadvantages of using contractor personnel, rather

22 than civilian employees of the Department of Defense, to

23 perform functions of the Department that are not essential

24 to the warfighting mission of the Armed Forces. The report
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1 shall specify all legislative and regulatory impediments to

2 contracting those functions for private performance.

3 SEC. 368. PILOT PROGRAM FOR PRIVATE OPERATION OF

4 PAYROLL AND ACCOUNTING FUNCTIONS OF

5 NONAPPROPRIATED FUND INSTRUMENTAL6 ITIES.

7 (a) PILOT PROGRAM REQUIRED; LOCATION.—(1) The

8 Secretary of Defense, acting through the Under Secretary

9 of Defense (Comptroller), shall enter into discussions with

10 private sector entities for the purpose of issuing a request

11 for proposal to establish a pilot program to test and evalu12 ate the cost savings and efficiencies of private operation of

13 accounting and payroll function of nonappropriated fund

14 instrumentalities of the Department of Defense. The nego15 tiations shall be conducted so that the request for proposal

16 may be issued within 60 days after the date of the enact17 ment of this Act.

18 (2) The pilot program shall consist of a major Depart19 ment of Defense Nonappropriated Fund Accounting and

20 Payroll function.

21 (b) GOAL OF PROGRAM.—The goal of the pilot pro22 gram is to receive proposals from private sector entities

23 that, if implemented, would reduce by at least 25 percent

24 the total costs to the Government for each pay event.
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1 (c) PLAN OF PROGRAM.—Before conducting the pilot

2 program, the Secretary of Defense shall develop a plan for

3 the program that addresses the following:

4 (1) The purposes of the program.

5 (2) The methodology, duration, and anticipated

6 costs of the program, including the cost of an arrange7 ment whereby the private contractor would receive the

8 agreed upon contract payment plus an additional ne9 gotiated amount not to exceed 50 percent of the dollar

10 savings achieved in excess of the goal specified in sub11 section (b).

12 (3) A specific citation to any provisions of law,

13 rule, or regulation that, if not waived, would prohibit

14 the conduct of the program or any part of the pro15 gram.

16 (4) An evaluation mechanism for the program.

17 (5) A provision for expanding the program to all

18 accounting and payroll functions of nonappropriated

19 fund instrumentalities of the Department of Defense,

20 based upon final assessment of the results of the pro21 gram.
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1 Subtitle G—Miscellaneous Reviews,

2 Studies, and Reports

3 SEC. 371. QUARTERLY READINESS REPORTS.

4 (a) IN GENERAL.—(1) Chapter 22 of title 10, United

5 States Code, is amended by adding at the end the following

6 new section:

7 ‘‘§ 452. Quarterly readiness reports

8 ‘‘(a) REQUIREMENT.—Not later than 30 days after the

9 end of each calendar-year quarter, the Secretary of Defense

10 shall submit to the Committee on Armed Services of the

11 Senate and the Committee on National Security of the

12 House of Representatives a report on military readiness.

13 The report for any quarter shall be based on assessments

14 that are provided during that quarter—

15 ‘‘(1) to any council, committee, or other body of

16 the Department of Defense (A) that has responsibility

17 for readiness oversight, and (B) the membership of

18 which includes at least one civilian officer in the Of19 fice of the Secretary of Defense at the level of Assist20 ant Secretary of Defense or higher;

21 ‘‘(2) by senior civilian and military officers of

22 the military departments and the commanders of the

23 unified and specified commands; and
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1 ‘‘(3) as part of any regularly established process

2 of periodic readiness reviews for the Department of

3 Defense as a whole.

4 ‘‘(b) MATTERS TO BE INCLUDED.—Each such re5 port—

6 ‘‘(1) shall specifically describe identified readi7 ness problems or deficiencies and planned remedial

8 actions; and

9 ‘‘(2) shall include the key indicators and other

10 relevant data related to the identified problem area or

11 deficiency.

12 ‘‘(c) CLASSIFICATION OF REPORTS.—Reports under

13 this section shall be submitted in unclassified form and

14 may, as the Secretary determines necessary, also be submit15 ted in classified form.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by adding at the end the following new item:

‘‘452. Quarterly readiness reports.’’.

18 (b) EFFECTIVE DATE.—Section 452 of title 10, United

19 States Code, as added by subsection (a), shall take effect

20 with the calendar-year quarter during which this Act is en21 acted.
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1 SEC. 372. REPORTS REQUIRED REGARDING EXPENDITURES

2 FOR EMERGENCY AND EXTRAORDINARY EX3 PENSES.

4 Subsection (c) of section 127 of title 10, United States

5 Code, is amended to read as follows:

6 ‘‘(c)(1) In any fiscal year in which funds are expended

7 under the authority of this section, the Secretary of Defense

8 shall submit a report of such expenditures on a quarterly

9 basis to the committees specified in paragraph (3).

10 ‘‘(2) An obligation or expenditure in an amount of

11 $1,000,000 or more may not be made under the authority

12 of this section for any single transaction until the Secretary

13 of Defense has notified the committees specified in para14 graph (3).

15 ‘‘(3) The committees referred to in paragraphs (1) and

16 (2) are—

17 ‘‘(A) the Committee on Armed Services and the

18 Committee on Appropriations of the Senate; and

19 ‘‘(B) the Committee on National Security and

20 the Committee on Appropriations of the House of

21 Representatives.’’.
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1 SEC. 373. RESTATEMENT OF REQUIREMENT FOR SEMI2 ANNUAL REPORTS TO CONGRESS ON TRANS3 FERS FROM HIGH-PRIORITY READINESS AP4 PROPRIATIONS.

5 Section 361 of the National Defense Authorization Act

6 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2732)

7 is amended to read as follows:

8 ‘‘SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON

9 TRANSFERS FROM HIGH-PRIORITY READI10 NESS APPROPRIATIONS.

11 ‘‘(a) ANNUAL REPORTS.—(1) During 1996 and 1997,

12 the Secretary of Defense shall submit to the congressional

13 defense committees a report on transfers during the preced14 ing fiscal year from funds available for the budget activities

15 specified in subsection (d) (hereinafter in this section re16 ferred to as ‘covered budget activities’). The report each year

17 shall be submitted not later than the date in that year on

18 which the President submits the budget for the next fiscal

19 year to Congress pursuant to section 1105 of title 31,

20 United States Code.

21 ‘‘(2) Each such report shall include—

22 ‘‘(A) specific identification of each transfer dur23 ing the preceding fiscal year of funds available for

24 any covered budget activity, showing the amount of

25 the transfer, the covered budget activity from which
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1 the transfer was made, and the budget activity to

2 which the transfer was made; and

3 ‘‘(B) with respect to each such transfer, a state4 ment of whether that transfer was made to a budget

5 activity within a different appropriation than the ap6 propriation containing the covered budget activity

7 from which the transfer was made or to a budget ac8 tivity within the same appropriation.

9 ‘‘(b) MIDYEAR REPORTS.—On May 1 of each year

10 specified in subsection (a), the Secretary of Defense shall

11 submit to the congressional defense committees a report pro12 viding the same information, with respect to the first six

13 months of the fiscal year in which the report is submitted,

14 that is provided in reports under subsection (a) with respect

15 to the preceding fiscal year.

16 ‘‘(c) MATTERS TO BE INCLUDED.—In each report

17 under this section, the Secretary shall include the following:

18 ‘‘(1) With respect to each transfer of funds iden19 tified in the report, a statement of the specific reason

20 for the transfer.

21 ‘‘(2) For each covered budget activity—

22 ‘‘(A) a statement, for the period covered by

23 the report, of—

24 ‘‘(i) the total amount of transfers into

25 funds available for that activity;
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1 ‘‘(ii) the total amount of transfers from

2 funds available for that activity; and

3 ‘‘(iii) the net amount of transfers into,

4 or out of, funds available for that activity;

5 and

6 ‘‘(B) a detailed explanation of the transfers

7 into, and out of, funds available for that activity

8 during the period covered by the report.

9 ‘‘(d) COVERED BUDGET ACTIVITIES.—The budget ac10 tivities to which this section applies are the following:

11 ‘‘(1) The budget activity groups (known as

12 ‘subactivities’) within the Operating Forces budget ac13 tivity of the annual Operation and Maintenance,

14 Army, appropriation that are designated as follows:

15 ‘‘(A) Combat Units.

16 ‘‘(B) Tactical Support.

17 ‘‘(C) Force-Related Training/Special Activi18 ties.

19 ‘‘(D) Depot Maintenance.

20 ‘‘(E) JCS Exercises.

21 ‘‘(2) The budget activity groups (known as

22 ‘subactivities’) within the Operating Forces budget ac23 tivity of the annual Operation and Maintenance,

24 Navy, appropriation that are designated as follows:

25 ‘‘(A) Mission and Other Flight Operations.
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1 ‘‘(B) Mission and Other Ship Operations.

2 ‘‘(C) Fleet Air Training.

3 ‘‘(D) Ship Operational Support and Train4 ing.

5 ‘‘(E) Aircraft Depot Maintenance.

6 ‘‘(F) Ship Depot Maintenance.

7 ‘‘(3) The budget activity groups (known as

8 ‘subactivities’), or other activity, within the Operat9 ing Forces budget activity of the annual Operation

10 and Maintenance, Air Force, appropriation that are

11 designated or otherwise identified as follows:

12 ‘‘(A) Primary Combat Forces.

13 ‘‘(B) Primary Combat Weapons.

14 ‘‘(C) Global and Early Warning.

15 ‘‘(D) Air Operations Training.

16 ‘‘(E) Depot Maintenance.

17 ‘‘(F) JCS Exercises.’’.

18 SEC. 374. MODIFICATION OF NOTIFICATION REQUIREMENT

19 REGARDING USE OF CORE LOGISTICS FUNC20 TIONS WAIVER.

21 Section 2464(b) of title 10, United States Code, is

22 amended by striking out paragraphs (3) and (4) and insert23 ing in lieu thereof the following new paragraph:

24 ‘‘(3) A waiver under paragraph (2) may not take effect

25 until the end of the 30-day period beginning on the date
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1 on which the Secretary submits a report on the waiver to

2 the Committee on Armed Services and the Committee on

3 Appropriations of the Senate and the Committee on Na4 tional Security and the Committee on Appropriations of

5 the House of Representatives.’’.

6 SEC. 375. LIMITATION ON DEVELOPMENT OR MODERNIZA7 TION OF AUTOMATED INFORMATION SYS8 TEMS OF DEPARTMENT OF DEFENSE PEND9 ING REPORT.

10 (a) OBLIGATIONS AND EXPENDITURES SUBJECT TO

11 REPORT.—Of the amounts appropriated pursuant to the

12 authorization of appropriations in section 301, the Sec13 retary of Defense may not obligate or expend amounts in

14 excess of $2,411,947,000 for the development and mod15 ernization of automated data processing programs of the

16 Department of Defense until after the end of the 30-day pe17 riod beginning on the date on which the Inspector General

18 of the Department of Defense submits to Congress a report

19 that—

20 (1) addresses the ongoing concerns about per21 formance measures and management controls regard22 ing automated information systems;

23 (2) certifies that the Inspector General has com24 pleted review of the Base Level System Modernization

25 and the Sustaining Base Information System;
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1 (3) certifies that the Inspector General has com2 pleted the tasks identified in the review of Standard

3 Installation/Division Personnel System-3;

4 (4) provides complete functional economic analy5 ses for Automated System for Transportation Data,

6 Electronic Data Interchange, Flexible Computer Inte7 grated Manufacturing, Navy Tactical Command Sup8 port System, and Defense Information System Net9 work;

10 (5) contains the resolution of the existing prob11 lems with the Defense Information System Network,

12 Continuous Acquisition and Life-Cycle Support, and

13 the Joint Computer-Aided Acquisition and Logistics

14 Support;

15 (6) provides the necessary waivers regarding

16 compelling military value, or provides complete func17 tional economic analyses, regarding Air Force

18 Wargaming Center Air Force Command Exercise

19 System, Cheyenne Mountain Upgrade, Transpor20 tation Coordinator Automated Command and Control

21 Information Systems, and Wing Command and Con22 trol System; and

23 (7) certifies the termination of the Personnel

24 Electronic Record Management System or provides

25 justification for the continued need for the program.
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1 (b) AUTOMATED INFORMATION SYSTEM DEFINED.—

2 For purposes of this section, the term ‘‘automated informa3 tion system’’ means an automated information system of

4 the Department of Defense subject to section 381 of the Na5 tional Defense Authorization Act for Fiscal Year 1995 (Pub6 lic Law 103–337; 108 Stat. 2738; 10 U.S.C. 113 note).

7 SEC. 376. REPORT REGARDING REDUCTION OF COSTS ASSO8 CIATED WITH CONTRACT MANAGEMENT

9 OVERSIGHT.

10 (a) REPORT REQUIRED.—Not later than April 1,

11 1996, the Comptroller General of the United States shall

12 submit to Congress a report identifying methods to reduce

13 the cost to the Department of Defense of management over14 sight of contracts in connection with major defense acquisi15 tion programs.

16 (b) MAJOR DEFENSE ACQUISITION PROGRAMS DE17 FINED.—For purposes of this section, the term ‘‘major de18 fense acquisition programs’’ has the meaning given that

19 term in section 2430(a) of title 10, United States Code.

20 Subtitle H—Other Matters

21 SEC. 381. PROHIBITION ON CAPITAL LEASE FOR DEFENSE

22 BUSINESS MANAGEMENT UNIVERSITY.

23 None of the funds appropriated to the Department of

24 Defense for fiscal year 1996 may be used to enter into any

25 lease with respect to the Center for Financial Management
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1 Education and Training of the Defense Business Manage2 ment University if the lease would be treated as a capital

3 lease for budgetary purposes.

4 SEC. 382. AUTHORITY OF INSPECTOR GENERAL OVER IN5 VESTIGATIONS OF PROCUREMENT FRAUD.

6 (a) AUTHORITY.—Section 141 of title 10, United

7 States Code, is amended by adding at the end the following

8 new subsection:

9 ‘‘(c) The Inspector General shall be responsible for and

10 shall oversee all investigations of procurement fraud within

11 the Department of Defense.’’.

12 (b) IMPLEMENTATION.—The Secretary of Defense shall

13 take such action as may be necessary to implement the

14 amendment made by subsection (a).

15 SEC. 383. PROVISION OF EQUIPMENT AND FACILITIES TO

16 ASSIST IN EMERGENCY RESPONSE ACTIONS.

17 Section 372 of title 10, United States Code, is amended

18 by adding at the end the following new sentence: ‘‘Assistance

19 provided under this section may include training facilities,

20 sensors, protective clothing, antidotes, and other materials

21 and expertise of the Department of Defense appropriate for

22 use by a Federal, State, or local law enforcement agency

23 in preparing for or responding to an emergency involving

24 chemical or biological agents if the Secretary determines
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1 that the materials or services to be provided are not reason2 ably available from another source.’’.

3 SEC. 384. CONVERSION OF CIVILIAN MARKSMANSHIP PRO4 GRAM TO NONAPPROPRIATED FUND INSTRU5 MENTALITY AND ACTIVITIES UNDER PRO6 GRAM.

7 (a) CONVERSION.—Section 4307 of title 10, United

8 States Code, is amended to read as follows:

9 ‘‘§ 4307. Promotion of rifle practice and firearms safe10 ty: administration

11 ‘‘(a) NONAPPROPRIATED FUND INSTRUMENTALITY.—

12 On and after October 1, 1995, the Civilian Marksmanship

13 Program shall be operated as a nonappropriated fund in14 strumentality of the United States within the Department

15 of Defense for the benefit of members of the armed forces

16 and for the promotion of rifle practice and firearms safety

17 among civilians.

18 ‘‘(b) NATIONAL BOARD.—(1) The Civilian Marksman19 ship Program shall be under the general supervision of a

20 National Board for the Promotion of Rifle Practice and

21 Firearms Safety, which shall replace the National Board

22 for the Promotion of Rifle Practice. The National Board

23 shall consist of nine members who are appointed by the Sec24 retary of the Army.
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1 ‘‘(2) The term of office of a member of the National

2 Board shall be two years. However, in the case of the initial

3 National Board, the Secretary shall appoint four members

4 who will have a one-year term.

5 ‘‘(3) Members of the National Board shall serve with6 out compensation, except that members shall be allowed

7 travel expenses, including per diem in lieu of subsistence,

8 at rates authorized for employees of agencies under sub9 chapter I of chapter 57 of title 5, while away from their

10 homes or regular places of business in the performance of

11 services for the National Board.

12 ‘‘(c) DIRECTOR AND STAFF.—The National Board

13 shall appoint a person to serve as director of the Civilian

14 Marksmanship Program. The compensation and benefits of

15 the director and all other civilian employees of the Depart16 ment of Defense used by the Civilian Marksmanship Pro17 gram shall be paid from nonappropriated funds available

18 to the Civilian Marksmanship Program.

19 ‘‘(d) FUNDING.—(1) Except as provided in section

20 4310 of this title, funds appropriated or otherwise made

21 available to the Department of Defense in appropriation

22 Acts may not be obligated or expended to benefit the Civil23 ian Marksmanship Program or activities conducted by the

24 Civilian Marksmanship Program.
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1 ‘‘(2) The National Board and the director may solicit,

2 accept, hold, use, and dispose of, in furtherance of the ac3 tivities of the Civilian Marksmanship Program, donations

4 of money, property, and services received by gift, devise, be5 quest, or otherwise. Donations may be accepted from muni6 tions and firearms manufacturers notwithstanding any

7 legal restrictions otherwise arising from their procurement

8 relationships with the United States.

9 ‘‘(3) Amounts collected under the Civilian Marksman10 ship Program, including the proceeds from the sale of arms,

11 ammunition, targets, and other supplies and appliances

12 under section 4308 of this title, shall be credited to the Civil13 ian Marksmanship Program and shall be available to carry

14 out the Civilian Marksmanship Program. Amounts collected

15 by, and available to, the National Board for the Promotion

16 of Rifle Practice before the date of the enactment of this

17 section from rifle sales programs and from fees in connec18 tion with competitions sponsored by that Board shall be

19 transferred to the National Board to be available to carry

20 out the Civilian Marksmanship Program.

21 ‘‘(4) Funds held on behalf of the Civilian Marksman22 ship Program shall not be construed to be Government or

23 public funds or appropriated funds and shall not be avail24 able to support other nonappropriated fund instrumental25 ities of the Department of Defense. Funds held on behalf
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1 of other nonappropriated fund instrumentalities of the De2 partment of Defense shall not be available to support the

3 Civilian Marksmanship Program. Expenditures on behalf

4 of the Civilian Marksmanship Program, including com5 pensation and benefits for civilian employees, may not ex6 ceed $5,000,000 during any fiscal year. The approval of the

7 National Board shall be required for any expenditure in

8 excess of $50,000. Notwithstanding any other provision of

9 law, funds held on behalf of the Civilian Marksmanship

10 Program shall remain available until expended.

11 ‘‘(e) DEFINITIONS.—In this section and sections 4308

12 through 4313 of this title:

13 ‘‘(1) The term ‘Civilian Marksmanship Program’

14 means the rifle practice and firearms safety program

15 carried out by the National Board under section 4308

16 and includes the National Matches and small-arms

17 firing schools referred to in section 4312 of this title.

18 ‘‘(2) The term ‘National Board’ means the Na19 tional Board for the Promotion of Rifle Practice and

20 Firearms Safety.’’.

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 practice in the use of ri13 fled arms and the maintenance and management of

14 matches or competitions in the use of those arms; and

15 ‘‘(D) the award to competitors of trophies, prizes,

16 badges, and other insignia.

17 ‘‘(2) In carrying out this subsection, the Civilian

18 Marksmanship Program shall give priority to activities

19 that benefit firearms safety training and competition for

20 youth and reach as many youth participants as possible.

21 ‘‘(3) Before a person may participate in any activity

22 sponsored or supported by the Civilian Marksmanship Pro23 gram under this subsection, the person shall be required to

24 certify that the person has not violated any Federal or State

25 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 National Board that provide

8 training in the use of rifled arms to youth, the Boy Scouts

9 of America, 4–H Clubs, Future Farmers of America, and

10 other youth-oriented organizations for training and com11 petition.

12 ‘‘(2) The Civilian Marksmanship Program may sell at

13 fair market value caliber .30 rifles, caliber .22 rifles, and

14 air rifles, and ammunition for such rifles, to gun clubs that

15 are under the direction of the National Board and provide

16 training in the use of rifled arms. In lieu of sales, the Civil17 ian Marksmanship Program may loan such rifles to such

18 gun clubs.

19 ‘‘(3) The Civilian Marksmanship Program may sell at

20 fair market value small arms, ammunition, targets, and

21 other supplies and appliances necessary for target practice

22 to citizens of the United States over 18 years of age who

23 are members of a gun club under the direction of the Na24 tional Board.
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1 ‘‘(4) Before conveying any weapon or ammunition to

2 a person, whether by sale or lease, the National Board shall

3 provide for a criminal records check of the person with ap4 propriate Federal and State law enforcement agencies.

5 ‘‘(c) OTHER AUTHORITIES.—The National Board shall

6 provide 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 National Board to participate in

17 matches or competitions in the use of rifled arms.

18 ‘‘(d) FEES.—The National Board may impose reason19 able fees for persons and gun clubs participating in any

20 program or competition conducted under the Civilian

21 Marksmanship Program for the promotion of rifle practice

22 and firearms safety among civilians.

23 ‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNITION.—

24 (1) The Secretary of the Army shall reserve for the Civilian

25 Marksmanship Program all remaining M–1 Garand rifles,
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1 and ammunition for such rifles, still held by the Army.

2 After the date of the enactment of this section, the Secretary

3 of the Army shall cease demilitarization of remaining M–

4 1 Garand rifles in the Army inventory unless such rifles

5 are determined to be irreparable by the Defense Logistics

6 Agency.

7 ‘‘(2) Transfers under this subsection shall be made

8 without cost to the Civilian Marksmanship Program, except

9 that the National Board shall assume the costs of transpor10 tation for the transferred small arms and ammunition.

11 ‘‘(f) PARTICIPATION CONDITIONS.—(1) All partici12 pants in the Civilian Marksmanship Program and activi13 ties sponsored or supported by the National Board shall be

14 required, as a condition of participation, to sign affidavits

15 stating that—

16 ‘‘(A) they have never been convicted of a firearms

17 violation under State or Federal law; and

18 ‘‘(B) they are not members of any organization

19 which advocates the violent overthrow of the United

20 States Government.

21 ‘‘(2) Any person found to have violated this subsection

22 shall be ineligible to participate in the Civilian Marksman23 ship Program and future activities sponsored or supported

24 by the National Board.’’.
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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 ‘‘(a) PARTICIPATION AUTHORIZED.—The commander

7 of a major command of the armed forces may detail regular

8 or reserve officers and noncommissioned officers under the

9 authority of the commander to duty as instructors at rifle

10 ranges for training civilians in the safe use of military

11 arms. The commander of a major command may detail en12 listed members under the authority of the commander as

13 temporary instructors in the safe use of the rifle to orga14 nized rifle clubs requesting that instruction. The com15 mander of a major command may detail members under

16 the authority of the commander to provide other logistical

17 and administrative support for competitions and other ac18 tivities conducted by the Civilian Marksmanship Program.

19 Members of a reserve component may be detailed only if

20 the service to be provided meets a legitimate training need

21 of the members involved.

22 ‘‘(b) COSTS OF PARTICIPATION.—The commander of a

23 major command of the armed forces may pay the personnel

24 costs and travel and per diem expenses of members of an

25 active or reserve component of the armed forces who partici-
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1 pate in a competition sponsored by the Civilian Marksman2 ship Program or who provide instruction or other services

3 in support of the Civilian Marksmanship Program.’’.

4 (d) CONFORMING AMENDMENTS.—(1) Section 4312(a)

5 of such title is amended by striking out ‘‘as prescribed by

6 the Secretary of the Army’’ and inserting in lieu thereof

7 ‘‘as part of the Civilian Marksmanship Program’’.

8 (2) Section 4313 of such title is amended—

9 (A) in subsection (a), by striking out ‘‘Secretary

10 of the Army’’ both places it appears and inserting in

11 lieu thereof ‘‘National Board’’; and

12 (B) in subsection (b), by striking out ‘‘Appro13 priated funds available for the Civilian Marksman14 ship Program (as defined in section 4308(e) of this

15 title) may’’ and inserting in lieu thereof

16 ‘‘Nonappropriated funds available to the Civilian

17 Marksmanship Program shall’’.

18 (e) CLERICAL AMENDMENTS.—The table of sections at

19 the beginning of chapter 401 of such title is amended by

20 striking out the items relating to sections 4307, 4308, and

21 4310 and inserting in lieu thereof the following new items:

‘‘4307. Promotion of rifle practice and firearms safety: administration.

‘‘4308. Promotion of rifle practice and firearms safety: activities.

‘‘4310. Rifle instruction and competitions: participation of members.’’.

22 (f) EFFECTIVE DATE.—The amendments made by this

23 section shall take effect on October 1, 1995.
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1 SEC. 385. PERSONNEL SERVICES AND LOGISTICAL SUP2 PORT FOR CERTAIN ACTIVITIES HELD ON

3 MILITARY INSTALLATIONS.

4 Section 2544 of title 10, United States Code, is amend5 ed—

6 (1) by redesignating subsection (g) as subsection

7 (h); and

8 (2) by inserting after subsection (f) the following

9 new subsection:

10 ‘‘(g) In the case of a Boy Scout Jamboree held on a

11 United States military installation, the Secretary of De12 fense may provide personnel services and logistical support

13 at the military installation in addition to the support au14 thorized under subsections (a) and (d).’’.

15 SEC. 386. RETENTION OF MONETARY AWARDS.

16 (a) MONETARY AWARDS.—Chapter 155 of title 10,

17 United States Code, is amended by adding at the end the

18 following new section:

19 ‘‘§ 2610. Acceptance of monetary awards from competi20 tion for excellence

21 ‘‘(a) ACCEPTANCE AUTHORIZED.—The Secretary of

22 Defense may accept any monetary award given to the De23 partment of Defense by a nongovernmental entity as an

24 award in competition recognizing excellence or innovation

25 in providing services or administering programs.
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1 ‘‘(b) DISPOSITION OF AWARDS.—(1) Subject to para2 graph (2), a monetary award accepted under subsection (a)

3 shall be credited to the appropriation supporting the oper4 ation of the command, installation, or other activity that

5 is recognized for the award and, in such amount as is pro6 vided in advance in appropriation Acts, shall be available

7 for the same purposes as the underlying appropriation.

8 ‘‘(2) Subject to such limitations as may be provided

9 in appropriation Acts, the Secretary of Defense may dis10 burse an amount not to exceed 50 percent of the monetary

11 award to persons who are responsible for the excellence or

12 innovation recognized by the award. A person may not re13 ceive more than $10,000 under the authority of this para14 graph from any monetary reward.

15 ‘‘(c) INCIDENTAL EXPENSES.—Subject to such limita16 tions as may be provided in appropriation Acts, appropria17 tions available to the Department of Defense may be used

18 to pay incidental expenses incurred to compete in a com19 petition described in subsection (a) or to accept a monetary

20 award under this section.

21 ‘‘(d) REGULATIONS AND REPORTING.—(1) The Sec22 retary of Defense shall prescribe regulations to determine

23 the disposition of any monetary awards accepted under this

24 section and the payment of incidental expenses under sub25 section (c).
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1 ‘‘(2) The Secretary of Defense shall submit to Congress

2 an annual report describing the disposition of any mone3 tary awards accepted under this section and the payment

4 of any incidental expenses under this subsection (c).’’.

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

6 the beginning of such chapter is amended by adding at the

7 end the following new item:

‘‘2610. Acceptance of monetary awards from competition for excellence.’’.

8 SEC. 387. CIVIL RESERVE AIR FLEET.

9 Section 9512 of title 10, United States Code, is amend10 ed by striking out ‘‘full’’ before ‘‘Civil Reserve Air Fleet’’

11 in subsections (b)(2) and (e).

12 SEC. 388. PERMANENT AUTHORITY REGARDING USE OF

13 PROCEEDS FROM SALE OF LOST, ABAN14 DONED, AND UNCLAIMED PERSONAL PROP15 ERTY AT CERTAIN INSTALLATIONS.

16 (a) CONVERSION OF EXISTING DEMONSTRATION

17 PROJECT.—Section 343 the National Defense Authorization

18 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

19 105 Stat. 1343) is amended by striking out subsections (d)

20 and (e) and inserting in lieu thereof the following new sub21 section:

22 ‘‘(d) APPLICATION OF SPECIAL RULE.—The special

23 rule provided by subsection (a) shall apply with respect to

24 the disposal under section 2575 of title 10, United States
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1 Code, of property found on the military installations re2 ferred to in subsection (b).’’.

3 (b) CONFORMING AMENDMENTS.—Subsection (a) of

4 such section is amended—

5 (1) by striking out ‘‘DEMONSTRATION PROJECT’’

6 in the subsection heading and inserting in lieu thereof

7 ‘‘SPECIAL RULE REGARDING PROCEEDS’’; and

8 (2) by striking out ‘‘demonstration project’’ and

9 inserting in lieu thereof ‘‘permanent program’’.

10 SEC. 389. TRANSFER OF EXCESS PERSONAL PROPERTY TO

11 SUPPORT LAW ENFORCEMENT ACTIVITIES.

12 Section 1208(a)(1)(A) of the National Defense Author13 ization Act for Fiscal Years 1990 and 1991 (P.L. 101–189;

14 10 U.S.C. 372 note) is amended by striking out ‘‘counter15 drug activities’’ and inserting in lieu thereof ‘‘law enforce16 ment activities, including counter-drug activities’’.

17 SEC. 390. DEVELOPMENT AND IMPLEMENTATION OF INNO18 VATIVE PROCESSES TO IMPROVE OPERATION

19 AND MAINTENANCE.

20 Of the amounts authorized to be appropriated under

21 section 301(5), $350,000,000 shall be available to the Sec22 retary of Defense for the development or acquisition of in23 formation technologies and reengineered functional proc24 esses, such as in the areas of personnel management, fi25 nance, and depot-level maintenance, for implementation
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1 within the Department of Defense. Before obligating or ex2 pending funds under this section for an information tech3 nology or reengineered functional process, the Secretary

4 shall certify to Congress that the information technology or

5 reengineered functional process—

6 (1) demonstrates a rate of return, within three

7 years, of 300 percent compared to the investment

8 made under this section; or

9 (2) would have a measurable effect upon the ef10 fectiveness of the readiness of the Armed Forces or the

11 operation and management of the Department of De12 fense.

13 SEC. 391. REVIEW OF USE OF DEFENSE LOGISTICS AGENCY

14 TO MANAGE INVENTORY CONTROL POINTS.

15 (a) REVIEW OF CONSOLIDATION OF INVENTORY CON16 TROL POINTS.—The Secretary of Defense shall conduct a

17 review regarding the consolidation under the Defense Logis18 tics Agency of all inventory control points, including the

19 inventory management and acquisition of depot-level

20 repairables.

21 (b) SUBMISSION OF RESULTS.—Not later than March

22 31, 1996, the Secretary shall complete the review and sub23 mit a report to the congressional defense committees describ24 ing the results the review.
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1 (c) LIMITATION ON IMPLEMENTATION OF MATERIEL

2 MANAGEMENT STANDARD SYSTEM.—Pending the submis3 sion of the report, the Secretary of Defense may not proceed

4 with the implementation of the automated data processing

5 program of the Department of Defense known as the Mate6 riel Management Standard System.

7 SEC. 392. SALE OF 50 PERCENT OF CURRENT WAR RESERVE

8 FUEL STOCKS.

9 (a) SALE REQUIRED.—Notwithstanding section

10 2390(a) of title 10, United States Code, the Secretary of

11 Defense shall reduce war reserve fuel stocks of the Depart12 ment of Defense to a level equal to 50 percent of the level

13 of such stocks on January 1, 1995. The Secretary shall

14 achieve the reduction through consumption of fuel in the

15 Department of Defense and, if necessary, sales of fuel out16 side the Department to the highest qualified bidders.

17 (b) SUBSEQUENT FUEL PURCHASES.—After the date

18 of the enactment of this Act, fuel purchases for the Depart19 ment of Defense shall be made on the basis of the actual

20 fuel needs of the Department.

21 (c) REPORT.—Not later than March 1, 1996, the Sec22 retary of Defense shall submit to Congress a report describ23 ing the manner in which the reduction of war reserve fuel

24 stocks is to be made and the time period within which the

25 reduction is to be achieved.
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1 (d) SUSPENSION OF REDUCTION; INCREASES.—The

2 Secretary of Defense may suspend the reduction of war re3 serve fuel stocks, and in fact increase such stocks as other4 wise authorized by law, in the event of a national emer5 gency or to advance the national security interests of the

6 United States.

7 SEC. 393. MILITARY CLOTHING SALES STORES, REPLACE8 MENT SALES.

9 (a) IN GENERAL.—(1) Chapter 651 of title 10, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 7606. Subsistence and other supplies: members of

13 armed forces; veterans; executive or mili14 tary departments and employees; prices

15 ‘‘(a) The branch, office, or officer designated by the

16 Secretary of the Navy shall procure and sell, for cash or

17 credit—

18 ‘‘(1) articles specified by the Secretary of the

19 Navy or a person designated by the Secretary, to

20 members of the Navy and Marine Corps; and

21 ‘‘(2) items of individual clothing and equipment

22 to members of the Navy and Marine Corps, under

23 such restrictions as the Secretary may prescribe.

24 An account of sales on credit shall be kept and the amount

25 due reported to any branch office, or officer designated by
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1 the Secretary. Except for articles and items acquired

2 through the use of working capital funds under section 2208

3 of this title, sales of articles shall be at cost, and sales of

4 individual clothing and equipment shall be at average cur5 rent prices, including overhead, as determined by the Sec6 retary.

7 ‘‘(b) The branch, office, or officer designated by the

8 Secretary shall sell subsistence supplies to members of other

9 armed forces at the prices at which like property is sold

10 to members of the Navy and Marine Corps.

11 ‘‘(c) The branch, office, or officer designated by the Sec12 retary may sell serviceable supplies, other than subsistence

13 supplies, to members of other armed forces at the prices at

14 which like property is sold to members of the Navy and

15 Marine Corps.

16 ‘‘(d) A person who has been discharged honorably or

17 under honorable conditions from the Army, Navy, Air

18 Force, or Marine Corps and who is receiving care and medi19 cal treatment from the Public Health Service or the Depart20 ment of Veterans Affairs may buy subsistence supplies and

21 other supplies, except articles of uniform, at the prices at

22 which like property is sold to members of the Navy and

23 Marine Corps.

24 ‘‘(e) Under such conditions as the Secretary may pre25 scribe, exterior articles of uniform may be sold to a person
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1 who has been discharged from the Navy or Marine Corps

2 honorably or under honorable conditions at the prices at

3 which like articles are sold to members of the Navy or Ma4 rine Corps. This subsection does not modify section 772 or

5 773 of this title.

6 ‘‘(f) Under regulations prescribed by the Secretary,

7 payment for subsistence supplies shall be made in cash or

8 by commercial credit.

9 ‘‘(g) The Secretary may provide for the procurement

10 and sale of stores designated by him to such civilian officers

11 and employees of the United States, and such other persons,

12 as he considers proper—

13 ‘‘(1) at military installations outside the United

14 States (provided such sales conform with host nation

15 support agreements); and

16 ‘‘(2) at military installations inside the United

17 States where the Secretary determines that it is im18 practicable for those civilian officers, employees, and

19 persons to obtain those stores from commercial enter20 prises without impairing the efficient operation of

21 military activities.

22 However, sales to such civilian officers and employees inside

23 the United States may be only to those who reside within

24 military installations.
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1 ‘‘(h) Appropriations for subsistence of the Navy or Ma2 rine Corps may be applied to the purchase of subsistence

3 supplies for sale to members of the Navy and Marine Corps

4 on active duty for the use of themselves and their families.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘7606. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices.’’.

7 (b) CONFORMING AMENDMENTS FOR OTHER ARMED

8 FORCES.—(1) Section 4621(f) of such title is amended by

9 inserting before the period at the end the following: ‘‘or by

10 commercial credit’’.

11 (2) Section 9621(f) of such title is amended by insert12 ing before the period at the end the following: ‘‘or by com13 mercial credit’’.

14 SEC. 394. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

15 THAT BENEFIT DEPENDENTS OF MEMBERS

16 OF THE ARMED FORCES AND DEPARTMENT

17 OF DEFENSE CIVILIAN EMPLOYEES.

18 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

19 PROGRAM.—Of the amounts authorized to be appropriated

20 in section 301(5)—

21 (1) $50,000,000 shall be available for providing

22 educational agencies assistance (as defined in sub23 section (d)(1)) to local educational agencies; and
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1 (2) $8,000,000 shall be available for making edu2 cational agencies payments (as defined in subsection

3 (d)(2)) to local educational agencies.

4 (b) NOTIFICATION OF AVAILABILITY OF FUNDS.—Not

5 later than June 30, 1996—

6 (1) the Secretary of Defense shall notify each

7 local educational agency that is eligible for edu8 cational agencies assistance for fiscal year 1996 of

9 that agency’s eligibility for such assistance and the

10 amount of such assistance for which that agency is el11 igible; and

12 (2) the Secretary of Education shall notify each

13 local educational agency that is eligible for an edu14 cational agencies payment for fiscal year 1996 of that

15 agency’s eligibility for such payment and the amount

16 of the payment for which that agency is eligible.

17 (c) DISBURSEMENT.—The Secretary of Defense (with

18 respect to funds made available under subsection (a)(1))

19 and the Secretary of Education (with respect to funds made

20 available under subsection (a)(2)) shall disburse such funds

21 not later than 30 days after the date on which notification

22 to the eligible local education agencies is provided pursuant

23 to subsection (b).

24 (d) DEFINITIONS.—For purposes of this section:
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1 (1) The term ‘‘educational agencies assistance’’

2 means assistance authorized under subsection (b) of

3 section 386 of the National Defense Authorization Act

4 for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C.

5 238 note).

6 (2) The term ‘‘educational agencies payments’’

7 means payments authorized under subsection (d) of

8 that section.

9 (e) REDUCTION IN IMPACT THRESHOLD.—Subsection

10 (c)(1) of section 386 of the National Defense Authorization

11 Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C.

12 238 note) is amended—

13 (1) by striking out ‘‘30 percent’’ and inserting in

14 lieu thereof ‘‘20 percent’’; and

15 (2) by striking out ‘‘counted under subsection (a)

16 or (b) of section 3 of the Act of September 30, 1950

17 (Public Law 874, Eighty-first Congress; 20 U.S.C.

18 238)’’.

19 (f) EXTENSION OF REPORTING REQUIREMENT.—Sub20 section (e)(1) of section 386 of the National Defense Author21 ization Act for Fiscal Year 1993 (Public Law 102–484; 20

22 U.S.C. 238 note) is amended by striking out ‘‘and 1995’’

23 and inserting in lieu thereof ‘‘1995, and 1996’’.

24 (g) TECHNICAL AMENDMENTS TO CORRECT REF25 ERENCES TO REPEALED LAW.—Section 386 of the National
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1 Defense Authorization Act for Fiscal Year 1993 (Public

2 Law 102–484; 20 U.S.C. 238 note) is amended—

3 (1) in subsection (d), by striking out ‘‘under sec4 tion 3’’ and all that follows through ‘‘of such sub5 section that result from’’ and inserting in lieu thereof

6 ‘‘payments under section 8003(e) of the Elementary

7 and Secondary Education Act of 1965 (20 U.S.C.

8 7703(e)) as a result of’’;

9 (2) in subsection (e)(2)(C), by inserting after ‘‘et

10 seq.),’’ the following: ‘‘title VIII of the Elementary

11 and Secondary Education Act of 1965 (20 U.S.C.

12 7701 et seq.),’’;

13 (3) in subsection (e)(2)(D), by striking out

14 ‘‘under subsections (a) and (b) of section 3 of such Act

15 (20 U.S.C. 238)’’; and

16 (4) in subsection (h)—

17 (A) in paragraph (1), by striking out ‘‘sec18 tion 1471(12) of the Elementary and Secondary

19 Education Act of 1965 (20 U.S.C. 2891(12))’’

20 and inserting in lieu thereof ‘‘section 8013(9) of

21 the Elementary and Secondary Education Act of

22 1965 (20 U.S.C. 7713(9))’’; and

23 (B) by striking out paragraph (3) and in24 serting in lieu thereof the following new para25 graph:
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1 ‘‘(3) The term ‘State’ does not include Puerto

2 Rico, Wake Island, Guam, American Samoa, the

3 Northern Mariana Islands, or the Virgin Islands.’’.

4 SEC. 395. CORE LOGISTICS CAPABILITIES OF THE DEPART5 MENT OF DEFENSE.

6 (a) IN GENERAL.—Chapter 146 of title 10, United

7 States Code, is amended by adding at the end the following

8 new section:

9 ‘‘§ 2473. Depot-level maintenance and repair workload

10 ‘‘(a) IMPORTANCE OF DEPOT-LEVEL MAINTENANCE

11 AND REPAIR CORE CAPABILITIES.—It is essential for the

12 national defense that the United States maintain a core

13 depot-level maintenance and repair capability (including

14 skilled personnel, equipment, and facilities) within facilities

15 owned and operated by the Department of Defense that—

16 ‘‘(1) is of the proper size (A) to ensure a ready

17 and controlled source of technical competence and re18 pair and maintenance capability necessary to meet

19 the requirements of the National Military Strategy

20 and other requirements for responding to military

21 contingencies, and (B) to provide for rapid aug22 mentation in time of emergency; and

23 ‘‘(2) is assigned sufficient workload to ensure

24 cost efficiency and proficiency in time of peace.
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1 ‘‘(b) DETERMINATION OF CORE DEPOT MAINTENANCE

2 ACTIVITIES.—(1) The Secretary of each military depart3 ment shall identify those depot-level maintenance and re4 pair activities under that Secretary’s jurisdiction that are

5 necessary to ensure for that military department the depot6 level maintenance and repair capability described in sub7 section (a) and as required by section 2464 of this title.

8 ‘‘(2) The Secretary of each military department shall

9 prescribe the procedures to be used to quantify the require10 ments necessary to support the capability described in sub11 section (a).

12 ‘‘(c) PERFORMANCE OF WORKLOAD THAT SUPPORTS

13 DEPOT-LEVEL MAINTENANCE AND REPAIR CORE CAPABILI14 TIES.—The Secretary of each military department shall re15 quire the performance of depot-level maintenance and re16 pair of activities identified under subsection (b) at organic

17 Department of Defense maintenance depots at levels suffi18 cient to ensure that the Department of Defense maintains

19 the core depot-level maintenance and repair capability de20 scribed in subsection (a).

21 ‘‘(d) INTERSERVICING OF WORKLOAD.—The Secretary

22 of Defense, after consultation with the Secretaries of the

23 military departments, may transfer workload that supports

24 the core capability described in subsection (a) from one
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1 military department to another. The Secretary of Defense

2 shall use merit-based criteria in evaluating such transfers.

3 ‘‘(e) SOURCE OF REPAIR FOR OTHER DEPOT-LEVEL

4 WORKLOADS.—In the case of depot-level maintenance and

5 repair workloads in excess of the workload required pursu6 ant to subsection (c) to be performed at organic Department

7 of Defense depots, the Secretary of Defense, after consulta8 tion with the Secretaries of the military departments, may

9 provide for the performance of those workloads through

10 sources selected by competition. The Secretary of Defense

11 shall use competition between private firms and organic De12 partment of Defense depots for any such workload when the

13 Secretary determines there are less than two qualified

14 sources of supply among private firms for the performance

15 of that specific depot-level maintenance workload.

16 ‘‘(f) DEPOT-LEVEL WORKLOAD COMPETITIONS.—In

17 any competition under this section for a depot-level work18 load (whether among private firms or between Department

19 of Defense activities and private firms), bids from any en20 tity participating in the competition shall accurately dis21 close all costs properly and consistently derived from ac22 counting systems and practices that comply with laws, poli23 cies, and standards applicable to that entity. In any com24 petition between Department of Defense activities and pri25 vate firms, the Government calculation for the cost of per-
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1 formance of the function by Department of Defense civilian

2 employees shall be based on an estimate using the most effi3 cient and cost effective manner for performance of such

4 function by Department of Defense civilian employees.

5 ‘‘(g) ANNUAL REPORT.—Not later than March 1 of

6 each year, the Secretary of Defense shall submit to Congress

7 a report specifying depot maintenance core capability re8 quirements determined in accordance with the procedures

9 established to comply with subsection (b)(2) and the

10 planned amount of workload to be accomplished in the or11 ganic depots of each military department in support of

12 those requirements for the following fiscal year. The report

13 shall identify the planned amount of workload measured

14 by direct labor hours and by amounts expended and shall

15 be shown separately for each commodity group.’’.

16 (b) REPEAL OF 60/40 REQUIREMENT AND REQUIRE17 MENT RELATING TO COMPETITION.—Effective December 31,

18 1996—

19 (1) section 2466 of title 10, United States Code,

20 is repealed unless Congress takes further action re21 garding such repeal; and

22 (2) section 2469 of title 10, United States Code,

23 is repealed unless Congress takes further action re24 garding such repeal.
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1 (c) INTERIM EXCLUSION OF LARGE MAINTENANCE AND

2 REPAIR PROJECTS FROM 60/40 REQUIREMENT.—Effective

3 on the date of the enactment of this Act, section 2466(d)

4 of title 10, United States Code, is amended—

5 (1) by striking out ‘‘EXCEPTION.—’’ and insert6 ing in lieu thereof ‘‘EXCEPTIONS.—(1)’’; and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(2) If a maintenance or repair project for a single

10 item that is contracted for performance by non-Federal

11 Government personnel accounts for 5 percent or more of the

12 funds made available in a fiscal year to a military depart13 ment or a Defense Agency for depot-level maintenance and

14 repair workload, the project and the funds necessary for the

15 project shall not be considered when applying the percent16 age limitation specified in subsection (a) to that military

17 department or Defense Agency.’’.

18 (d) CLERICAL AMENDMENTS.—The table of sections at

19 the beginning of chapter 146 of such title is amended—

20 (1) effective December 31, 1996, by striking out

21 the items relating to sections 2466 and 2469; and

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

‘‘2473. Depot-level maintenance and repair workload.’’.

23 (e) REPORT ON DEPOT-LEVEL MAINTENANCE AND RE24 PAIR WORKLOAD.—Not later than March 1, 1996, the Sec25 retary of Defense shall submit to Congress a report on the
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1 depot-level maintenance and repair workload of the Depart2 ment of Defense. The report shall include the following:

3 (1) The analysis required by subsection (f) of the

4 effect on that workload of the so-called 60/40 require5 ment.

6 (2) The analysis required by subsection (g) of the

7 projected effect on that workload using a definition of

8 core capability consistent with the description in sec9 tion 2473(a) of title 10, United States Code, as added

10 by subsection (a).

11 (3) The comparison of those analyses required by

12 subsection (h).

13 (4) Identification and analysis of significant is14 sues that arise if organic Department of Defense de15 pots are allowed to participate in a full and open

16 competition with private firms for repair workloads

17 in excess of work that supports core capabilities.

18 (f) 60/40 REQUIREMENT.—(1) The report under sub19 section (e) shall include an analysis of the requirement

20 under section 2466 of title 10, United States Code, that no

21 more than 40 percent of the depot-level maintenance and

22 repair work of the Department of Defense be contracted for

23 performance by non-Government personnel. That analysis

24 shall include the following:
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1 (A) A description of the effect on military readi2 ness and the national security resulting from that re3 quirement, including a description of any specific dif4 ficulties experienced by the Department of Defense as

5 a result of that requirement.

6 (B) A determination of the depot-level mainte7 nance and repair workload of the Department of De8 fense allocated for performance by organic Depart9 ment of Defense depots for any fiscal year during

10 which the requirement has been in effect, the percent11 age of funds for that workload that were obligated to

12 private sector entities, shown for each such fiscal year

13 and for the entire period during which the require14 ment has been in effect.

15 (2) That analysis shall be made with respect to—

16 (A) the distribution during the five fiscal years

17 ending with fiscal year 1995 of the depot-level main18 tenance and repair workload of the Department of

19 Defense between organic Department of Defense depots

20 and non-Government personnel, measured by direct

21 labor hours and by amounts expended, and displayed,

22 for that five-year period and for each year of that pe23 riod, so as to show (for each military department

24 (and separately for the Navy and Marine Corps))
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1 such distribution for each commodity group (such as

2 naval vessels, aircraft, tracked combat vehicles); and

3 (B) the projected distribution during the five fis4 cal years beginning with fiscal year 1996 of the

5 depot-level maintenance and repair workload of the

6 Department of Defense between organic Department

7 of Defense depots and non-Government personnel, set

8 forth in the same manner as described in subpara9 graph (A).

10 (g) CORE WORKLOAD ANALYSIS.—The report under

11 subsection (e) shall include an analysis of the depot-level

12 maintenance and repair workload of the Department of De13 fense in which the Secretary uses the capability described

14 in section 2473(a) of title 10, United States Code, as added

15 by subsection (a), as the standard for determining that por16 tion of such workload that is required to be performed in

17 organic Department of Defense facilities. That analysis

18 shall be made with respect to—

19 (1) the distribution that would (using that

20 standard) have been made during the five fiscal years

21 ending with fiscal year 1995 of the depot-level main22 tenance and repair workload of the Department of

23 Defense between organic Department of Defense depots

24 and non-Government personnel, measured by direct

25 labor hours and by amounts expended, and displayed,
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1 for that five-year period and for each year of that pe2 riod, so as to show (for each military department

3 (and separately for the Navy and Marine Corps))

4 such distribution for each commodity group (such as

5 naval vessels, aircraft, tracked combat vehicles); and

6 (2) the projected distribution (using that stand7 ard) during the five fiscal years beginning with fiscal

8 year 1996 of the depot-level maintenance and repair

9 workload of the Department of Defense between or10 ganic Department of Defense depots and non-Govern11 ment personnel, set forth in the same manner as de12 scribed in paragraph (1).

13 (h) COMPARISON.—The report under subsection (e)

14 shall include a comparison of the results of the analysis of

15 the depot-level maintenance and repair workload of the De16 partment of Defense under subsection (f) with the results

17 of the analysis of that workload under subsection (g). The

18 comparison shall include a comparison of the two analyses

19 by service and commodity group with respect to each of the

20 following:

21 (1) Identification, based on each analysis, of core

22 workloads and of the capabilities and equipment

23 needed to perform depot-level maintenance and repair

24 for those core workloads.
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1 (2) Identification, based on each analysis, of

2 depot-level maintenance and repair work performed

3 (or that would be performed) at organic Department

4 of Defense depots and of depot-level maintenance and

5 repair work performed (or that would be performed)

6 by non-Government personnel.

7 (3) Readiness.

8 (4) The Department of Defense budget.

9 (5) The depot-level maintenance and repair

10 workload distribution, under each analysis, by direct

11 labor hours performed and by dollars expended.

12 (6) Projected level, for each analysis, of Govern13 ment capital investment in public and private depot14 level maintenance and repair facilities.

15 (i) REVIEW BY GAO.—(1) The Comptroller General of

16 the United States shall conduct an independent audit of

17 the findings of the Secretary of Defense in the report under

18 subsection (e). The Secretary of Defense shall provide to the

19 Comptroller General for such purpose all information used

20 by the Secretary in preparing such report.

21 (2) Not later than April 1, 1996, the Comptroller Gen22 eral shall submit to the congressional defense committees a

23 report on the analysis by the Comptroller General of the

24 report submitted by the Secretary of Defense under this sec25 tion.
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1 TITLE IV—MILITARY PERSONNEL

2 AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 1996 , as follows:

7 (1) The Army, 495,000.

8 (2) The Navy, 428,000.

9 (3) The Marine Corps, 174,000.

10 (4) The Air Force, 388,200.

11 SEC. 402. TEMPORARY VARIATIONS IN DOPMA AUTHORIZED

12 END STRENGTH LIMITATIONS FOR ACTIVE

13 DUTY NAVY AND AIR FORCE OFFICERS IN

14 CERTAIN GRADES.

15 (a) AIR FORCE OFFICERS IN GRADE OF MAJOR.—Not16 withstanding section 523(a)(1) of title 10, United States

17 Code, and except as provided in section 523(c) of such title,

18 of the total number of commissioned officers serving on ac19 tive duty in the Air Force at the end of any fiscal year

20 through fiscal year 1997 (excluding officers in categories

21 specified in section 523(b) of title 10, United States Code),

22 the number of officers who may be serving on active duty

23 in the grade of major may not, as of the end of such fiscal

24 year, exceed the number determined in accordance with the

25 following table:
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Total number of Air Force commissioned officers

(excluding officers in categories specified in section 523(b) of title 10, United States Code) on

active duty

Number of officers who

may be serving on active

duty in grade

of major

70,000 ............................................ 14,612

75,000 ............................................ 15,407

80,000 ............................................ 16,202

85,000 ............................................ 16,997

90,000 ............................................ 17,792

95,000 ............................................ 18,587

100,000 ............................................ 19,382

105,000 ............................................ 20,177

110,000 ............................................ 20,971

115,000 ............................................ 21,766

120,000 ............................................ 22,561

125,000 ............................................ 23,356

1 (b) NAVY OFFICERS IN GRADES OF LIEUTENANT COM2 MANDER, COMMANDER, AND CAPTAIN.—Notwithstanding

3 section 523(a)(2) of title 10, United States Code, and except

4 as provided in section 523(c) of such title, of the total num5 ber of commissioned officers serving on active duty in the

6 Navy at the end of any fiscal year through fiscal year 1997

7 (excluding officers in categories specified in section 523(b)

8 of title 10, United States Code), the number of officers who

9 may be serving on active duty in each of the grades of lieu10 tenant commander, commander, and captain may not, as

11 of the end of such fiscal year, exceed a number determined

12 in accordance with the following table:

Total number of Navy commissioned officers (excluding officers in categories specified in section

523(b) of title 10, United States Code) on active

duty

Number of officers who may be serving on active

duty in grade of

Lieutenant

Commander Commander Captain

45,000 .............................................. 10,034 6,498 2,801

48,000 .............................................. 10,475 6,706 2,902

51,000 .............................................. 10,916 6,912 3,002

54,000 .............................................. 11,357 7,120 3,103

57,000 .............................................. 11,798 7,328 3,204

60,000 .............................................. 12,239 7,535 3,305

63,000 .............................................. 12,680 7,742 3,406
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Total number of Navy commissioned officers (excluding officers in categories specified in section

523(b) of title 10, United States Code) on active

duty

Number of officers who may be serving on active

duty in grade of

Lieutenant

Commander Commander Captain

66,000 .............................................. 13,121 7,949 3,506

70,000 .............................................. 13,709 8,226 3,641

90,000 .............................................. 16,649 9,608 4,313

1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 1996, as follows:

6 (1) The Army National Guard of the United

7 States, 373,000.

8 (2) The Army Reserve, 230,000.

9 (3) The Naval Reserve, 98,608.

10 (4) The Marine Corps Reserve, 42,000.

11 (5) The Air National Guard of the United

12 States, 109,458.

13 (6) The Air Force Reserve, 73,969.

14 (7) The Coast Guard Reserve, 8,000.

15 (b) WAIVER AUTHORITY.—The Secretary of Defense

16 may vary the end strength authorized by subsection (a) by

17 not more than 2 percent.

18 (c) ADJUSTMENTS.—The end strengths prescribed by

19 subsection (a) for the Selected Reserve of any reserve compo20 nent shall be proportionately reduced by—
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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of such

3 component which are on active duty (other than for

4 training) at the end of the fiscal year, and

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end

13 strength prescribed for such fiscal year for the Selected Re14 serve of such reserve component shall be proportionately in15 creased by the total authorized strengths of such units and

16 by the total number of such individual members.

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

19 Within the end strengths prescribed in section 411(a),

20 the reserve components of the Armed Forces are authorized,

21 as of September 30, 1996 , the following number of Reserves

22 to be serving on full-time active duty or full-time duty, in

23 the case of members of the National Guard, for the purpose

24 of organizing, administering, recruiting, instructing, or

25 training the 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, 17,490.

5 (4) The Marine Corps Reserve, 2,285.

6 (5) The Air National Guard of the United

7 States, 9,817.

8 (6) The Air Force Reserve, 628.

9 SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PER10 SONNEL ASSIGNED IN SUPPORT OF RESERVE

11 COMPONENT TRAINING.

12 Section 414(c) of the National Defense Authorization

13 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

14 10 U.S.C. 12001 note) is amended—

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

16 and

17 (2) by adding at the end the following new para18 graph:

19 ‘‘(2) The Secretary of Defense may count toward the

20 number of active component personnel required under para21 graph (1) to be assigned to serve as advisers under the pro22 gram under this section any active component personnel

23 who are assigned to an active component unit (A) that was

24 established principally for the purpose of providing dedi25 cated training support to reserve component units, and (B)
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1 the primary mission of which is to provide such dedicated

2 training support.’’.

3 Subtitle C—Military Training

4 Student Loads

5 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

6 (a) IN GENERAL.—For fiscal year 1996, the compo7 nents of the Armed Forces are authorized average military

8 training loads as follows:

9 (1) The Army, 75,013.

10 (2) The Navy, 44,238.

11 (3) The Marine Corps, 26,095.

12 (4) The Air Force, 33,232.

13 (b) SCOPE.—The average military training student

14 loads authorized for an armed force under subsection (a)

15 apply to the active and reserve components of that armed

16 force.

17 (c) ADJUSTMENTS.—The average military student

18 loads authorized in subsection (a) shall be adjusted consist19 ent with the end strengths authorized in subtitles A and

20 B. The Secretary of Defense shall prescribe the manner in

21 which such adjustments shall be apportioned.
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1 Subtitle D—Authorization of

2 Appropriations

3 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal year

7 1996 a total of $68,951,663,000. The authorization in the

8 preceding sentence supersedes any other authorization of

9 appropriations (definite or indefinite) for such purpose for

10 fiscal year 1996.

11 SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY

12 END STRENGTHS.

13 (a) AUTHORIZATION.—There is hereby authorized to be

14 appropriated to the Department of Defense for fiscal year

15 1996 for military personnel the sum of $112,000,000. Any

16 amount appropriated pursuant to this section shall be allo17 cated, in such manner as the Secretary of Defense pre18 scribes, among appropriations for active-component mili19 tary personnel for that fiscal year and shall be available

20 only to increase the number of members of the Armed Forces

21 on active duty during that fiscal year (compared to the

22 number of members that would be on active duty but for

23 such appropriation).

24 (b) EFFECT ON END STRENGTHS.—The end-strength

25 authorizations in section 401 shall each be deemed to be
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1 increased by such number as necessary to take account of

2 additional members of the Armed Forces authorized by the

3 Secretary of Defense pursuant to subsection (a).

4 TITLE V—MILITARY PERSONNEL

5 POLICY

6 Subtitle A—Officer Personnel Policy

7 SEC. 501. AUTHORITY TO EXTEND TRANSITION PERIOD FOR

8 OFFICERS SELECTED FOR EARLY RETIRE9 MENT.

10 (a) SELECTIVE RETIREMENT OF WARRANT OFFI11 CERS.—Section 581 of title 10, United States Code, is

12 amended by adding at the end the following new subsection:

13 ‘‘(e) The Secretary concerned may defer for not more

14 than 90 days the retirement of an officer otherwise approved

15 for early retirement under this section in order to prevent

16 a personal hardship to the officer or for other humanitarian

17 reasons.’’.

18 (b) SELECTIVE EARLY RETIREMENT OF ACTIVE-DUTY

19 OFFICERS.—Section 638(b) of title 10, United States Code,

20 is amended by adding at the end the following new para21 graph:

22 ‘‘(3) The Secretary concerned may defer for not more

23 than 90 days the retirement of an officer otherwise approved

24 for early retirement under this section or section 638a of
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1 this title in order to prevent a personal hardship to the offi2 cer or for other humanitarian reasons.’’.

3 Subtitle B—Matters Relating to

4 Reserve Components

5 SEC. 511. MILITARY TECHNICIAN FULL-TIME SUPPORT PRO6 GRAM FOR ARMY AND AIR FORCE RESERVE

7 COMPONENTS.

8 (a) REQUIREMENT OF ANNUAL AUTHORIZATION OF

9 END STRENGTH.—(1) Section 115 of title 10, United States

10 Code, is amended by adding at the end the following new

11 subsection:

12 ‘‘(g) Congress shall authorize for each fiscal year the

13 end strength for military technicians for each reserve com14 ponent of the Army and Air Force. Funds available to the

15 Department of Defense for any fiscal year may not be used

16 for the pay of a military technician during that fiscal year

17 unless the technician fills a position that is within the num18 ber of such positions authorized by law for that fiscal year

19 for the reserve component of that technician. This subsection

20 applies without regard to section 129 of this title.’’.

21 (2) The amendment made by paragraph (1) does not

22 apply with respect to fiscal year 1995.

23 (b) AUTHORIZATION FOR FISCAL YEARS 1996 AND

24 1997.—For each of fiscal years 1996 and 1997, the number

25 of military technicians, as of the last day of that fiscal year,
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1 for the Army and the Air Force (notwithstanding section

2 129 of title 10, United States Code) may not exceed the fol3 lowing:

4 (1) Army National Guard, 25,500.

5 (2) Army Reserve, 6,630.

6 (3) Air National Guard, 22,906.

7 (4) Air Force Reserve, 9,802.

8 (c) ADMINISTRATION OF MILITARY TECHNICIAN PRO9 GRAM.—(1) Chapter 1007 of title 10, United States Code,

10 is amended by adding at the end the following new section:

11 ‘‘§ 10216. Military technicians

12 ‘‘(a) PRIORITY FOR MANAGEMENT OF MILITARY TECH13 NICIANS.—(1) As a basis for making the annual request to

14 Congress pursuant to section 115 of this title for authoriza15 tion of end strengths for military technicians of the Army

16 and Air Force reserve components, the Secretary of Defense

17 shall give priority to supporting authorizations for dual

18 status military technicians in the following high-priority

19 units and organizations:

20 ‘‘(A) Units of the Selected Reserve that are sched21 uled to deploy no later than 90 days after mobiliza22 tion.

23 ‘‘(B) Units of the Selected Reserve that are or

24 will deploy to relieve active duty peacetime operations

25 tempo.
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1 ‘‘(C) Those organizations with the primary mis2 sion of providing direct support surface and aviation

3 maintenance for the reserve components of the Army

4 and Air Force, to the extent that the military techni5 cians in such units would mobilize and deploy in a

6 skill that is compatible with their civilian position

7 skill.

8 ‘‘(2) For each fiscal year, the Secretary of Defense

9 shall, for the high-priority units and organizations referred

10 to in paragraph (1), achieve a programmed manning level

11 for military technicians that is not less than 90 percent

12 of the programmed manpower structure for those units and

13 organizations for military technicians for that fiscal year.

14 ‘‘(3) For each fiscal year, the Secretary of Defense

15 shall, for reserve component management headquarters or16 ganizations (including national and State-level National

17 Guard headquarters, in United States Property and Fiscal

18 Offices, and in similar management-level headquarters in

19 the Army and Air Force Reserve), achieve a programmed

20 manning level for military technicians that is not more

21 than 70 percent of the programmed manpower structure for

22 those organizations for military technicians for that fiscal

23 year.

24 ‘‘(4) Military technician authorizations and personnel

25 in high-priority units and organizations specified in para-
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1 graph (1) shall be exempt from any requirement (imposed

2 by law or otherwise) for reductions in Department of De3 fense civilian personnel and shall only be reduced as part

4 of military force structure reductions. Planned reductions

5 in Department of Defense civilian personnel that would

6 apply to such technician authorizations and personnel but

7 for this paragraph shall be reallocated by the Secretary of

8 Defense on a proportional basis throughout the Department

9 of Defense, with an emphasis on reducing headquarters per10 sonnel.

11 ‘‘(b) DUAL-STATUS REQUIREMENT.—The Secretary of

12 Defense shall require the Secretary of the Army and the Sec13 retary of the Air Force to establish as a condition of em14 ployment for each individual who is hired after the date

15 of the enactment of this section as a military technician

16 that the individual maintain membership in the Selected

17 Reserve (so as to be a so-called ‘dual-status’ technician) and

18 shall require that the civilian and military position skill

19 requirements of dual-status military technicians be compat20 ible. No Department of Defense funds may be spent for com21 pensation for any military technician hired after the date

22 of the enactment of this section who is not a member of

23 the Selected Reserve, except that compensation may be paid

24 for up to six months following loss of membership in the
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1 selected reserve if such loss of membership was not due to

2 the failure to meet military standards.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘10216. Military technicians.’’.

5 (d) REVIEW OF RESERVE COMPONENT MANAGEMENT

6 HEADQUARTERS.—(1) The Secretary of Defense shall, with7 in six months after the date of the enactment of this Act,

8 undertake steps to reduce, consolidate, and streamline man9 agement headquarters operations of the reserve components.

10 As part of those steps, the Secretary shall identify those

11 military technicians positions in such headquarters oper12 ations that are excess to the requirements of those head13 quarters.

14 (2) Of the military technicians positions that are iden15 tified under paragraph (1), the Secretary shall reallocate

16 up to 95 percent of those positions to the high-priority units

17 and activities specified in section 10216(a) of title 10,

18 United States Code, as added by subsection (c).

19 (e) ANNUAL DEFENSE MANPOWER REQUIREMENTS

20 REPORT.—Section 115a of title 10, United States Code, is

21 amended by adding at the end the following new subsection:

22 ‘‘(h) In each such report, the Secretary shall include

23 a separate report on the Army and Air Force military tech24 nician programs. The report shall include a presentation,

25 shown by reserve component and shown both as of the end
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1 of the preceding fiscal year and for the next fiscal year,

2 of the following:

3 ‘‘(1) The number of military technicians re4 quired to be employed (as specified in accordance

5 with Department of Defense procedures), the number

6 authorized to be employed under Department of De7 fense personnel procedures, and the number actually

8 employed.

9 ‘‘(2) Within each of the numbers under para10 graph (1)—

11 ‘‘(A) the number applicable to a reserve

12 component management headquarter organiza13 tion; and

14 ‘‘(B) the number applicable to high-priority

15 units and organizations (as specified in section

16 10216(a) of this title).

17 ‘‘(3) Within each of the numbers under para18 graph (1), the numbers of military technicians who

19 are not themselves members of a reserve component

20 (so-called ‘single-status’ technicians), with a further

21 display of such numbers as specified in paragraph

22 (2).’’.
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1 SEC. 512. MILITARY LEAVE FOR MILITARY RESERVE TECH2 NICIANS FOR CERTAIN DUTY OVERSEAS.

3 Section 6323 of title 5, United States Code is amended

4 by adding at the end the following new subsection:

5 ‘‘(d)(1) A military reserve technician described in sec6 tion 8401(30) is entitled at such person’s request to leave

7 without loss of, or reduction in, pay, leave to which such

8 person is otherwise entitled, credit for time or service, or

9 performance or efficiency rating for each day, not to exceed

10 44 workdays in a calendar year, in which such person is

11 on active duty without pay, as authorized pursuant to sec12 tion 12315 of title 10, under section 12301(b) or 12301(d)

13 of title 10 (other than active duty during a war or national

14 emergency declared by the President or Congress) for par15 ticipation in noncombat operations outside the United

16 States, its territories and possessions.

17 ‘‘(2) An employee who requests annual leave or com18 pensatory time to which the employee is otherwise entitled,

19 for a period during which the employee would have been

20 entitled upon request to leave under this subsection, may

21 be granted such annual leave or compensatory time without

22 regard to this section or section 5519.’’.
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1 SEC. 513. REVISIONS TO ARMY GUARD COMBAT REFORM

2 INITIATIVE TO INCLUDE ARMY RESERVE

3 UNDER CERTAIN PROVISIONS AND MAKE

4 CERTAIN REVISIONS.

5 (a) PRIOR ACTIVE DUTY PERSONNEL.—Section 1111

6 of the Army National Guard Combat Readiness Reform Act

7 of 1992 (title XI of Public Law 102–484) is amended—

8 (1) in the section heading, by striking out the

9 first three words;

10 (2) by striking out subsections (a) and (b) and

11 inserting in lieu thereof the following:

12 ‘‘(a) ADDITIONAL PRIOR ACTIVE DUTY OFFICERS.—

13 The Secretary of the Army shall increase the number of

14 qualified prior active-duty officers in the Army National

15 Guard by providing a program that permits the separation

16 of officers on active duty with at least two, but less than

17 three, years of active service upon condition that the officer

18 is accepted for appointment in the Army National Guard.

19 The Secretary shall have a goal of having not fewer than

20 150 officers become members of the Army National Guard

21 each year under this section.

22 ‘‘(b) ADDITIONAL PRIOR ACTIVE DUTY ENLISTED

23 MEMBERS.—The Secretary of the Army shall increase the

24 number of qualified prior active-duty enlisted members in

25 the Army National Guard through the use of enlistments

26 as described in section 8020 of the Department of Defense
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1 Appropriations Act, 1994 (Public Law 103–139). The Sec2 retary shall enlist not fewer than 1,000 new enlisted mem3 bers each year under enlistments described in that section.’’;

4 and

5 (3) by striking out subsections (d) and (e).

6 (b) SERVICE IN THE SELECTED RESERVE IN LIEU OF

7 ACTIVE DUTY SERVICE FOR ROTC GRADUATES.—Section

8 1112(b) of such Act (106 Stat. 2537) is amended by striking

9 out ‘‘National Guard’’ before the period at the end and in10 serting in lieu thereof ‘‘Selected Reserve’’.

11 (c) REVIEW OF OFFICER PROMOTIONS.—Section 1113

12 of such Act (106 Stat. 2537) is amended—

13 (1) in subsection (a), by striking out ‘‘National

14 Guard’’ both places it appears and inserting in lieu

15 thereof ‘‘Selected Reserve’’;

16 (2) by striking out subsection (b) and inserting

17 in lieu thereof the following:

18 ‘‘(b) COVERAGE OF SELECTED RESERVE COMBAT AND

19 EARLY DEPLOYING UNITS.—(1) Subsection (a) applies to

20 officers in all units of the Selected Reserve that are des21 ignated as combat units or that are designated for deploy22 ment within 75 days of mobilization.

23 ‘‘(2) Subsection (a) shall take effect with respect to offi24 cers of the Army Reserve, and with respect to officers of

25 the Army National Guard in units not subject to subsection
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1 (a) as of the date of the enactment of the National Defense

2 Authorization Act for Fiscal Year 1996, at the end of the

3 90-day period beginning on such date of enactment.’’.

4 (d) INITIAL ENTRY TRAINING AND NONDEPLOYABLE

5 PERSONNEL.—Section 1115 of such Act (106 Stat. 2538)

6 is amended—

7 (1) in subsections (a) and (b), by striking out

8 ‘‘National Guard’’ each place it appears and insert9 ing in lieu thereof ‘‘Selected Reserve’’; and

10 (2) in subsection (c)—

11 (A) by striking out ‘‘a member of the Army

12 National Guard enters the National Guard’’ and

13 inserting in lieu thereof ‘‘a member of the Army

14 Selected Reserve enters the Army Selected Re15 serve’’; and

16 (B) by striking out ‘‘from the Army Na17 tional Guard’’.

18 (e) ACCOUNTING OF MEMBERS WHO FAIL PHYSICAL

19 DEPLOYABILITY STANDARDS.—Section 1116 of such Act

20 (106 Stat. 2539) is amended by striking out ‘‘National

21 Guard’’ each place it appears and inserting in lieu thereof

22 ‘‘Selected Reserve’’.

23 (f) USE OF COMBAT SIMULATORS.—Section 1120 of

24 such Act (106 Stat. 2539) is amended by inserting ‘‘and

25 the Army Reserve’’ before the period at the end.
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1 SEC. 514. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.

2 (a) CLARIFICATION OF RESTRICTION ON ACTIVE

3 DUTY.—Paragraph (2) of section 2107(h) of title 10, United

4 States Code, is amended by inserting ‘‘full-time’’ before ‘‘ac5 tive duty’’ in the second sentence.

6 (b) REDESIGNATION OF ROTC SCHOLARSHIPS.—Such

7 paragraph is further amended by inserting after the first

8 sentence the following new sentence: ‘‘A cadet designated

9 under this paragraph who, having initially contracted for

10 service as provided in subsection (b)(5)(A) and having re11 ceived financial assistance for two years under an award

12 providing for four years of financial assistance under this

13 section, modifies such contract with the consent of the Sec14 retary of the Army to provide for service as described in

15 subsection (b)(5)(B), may be counted, for the year in which

16 the contract is modified, toward the number of appoint17 ments required under the preceding sentence for financial

18 assistance awarded for a period of four years.’’.

19 SEC. 515. REPORT ON FEASIBILITY OF PROVIDING EDU20 CATION BENEFITS PROTECTION INSURANCE

21 FOR SERVICE ACADEMY AND ROTC SCHOLAR22 SHIP STUDENTS WHO BECOME MEDICALLY

23 UNABLE TO SERVE.

24 Not later than June 30, 1996, the Secretary of Defense

25 shall submit to Congress a report on the desirability and

26 the feasibility of the establishment of an insurance program,
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1 to operate at no cost to the Government, to insure individ2 uals who are cadets or midshipmen at one of the service

3 academies or who hold Reserve Officer Training Corps

4 scholarships under section 2107 or 2107a of title 10, United

5 States Code, against the loss of the value of attendance at

6 such service academy (in terms of the cost of education at

7 another institution), or the value of the scholarship, in cases

8 in which such attendance or such scholarship is terminated

9 by the Secretary of the military department concerned be10 cause the individual has become, through no fault of the

11 individual, medically disqualified from military service.

12 SEC. 516. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY

13 AT SENIOR MILITARY COLLEGES TO SERVE AS

14 COMMANDANT AND ASSISTANT COM15 MANDANT OF CADETS AND AS TACTICAL OF16 FICERS.

17 (a) IN GENERAL.—Chapter 103 of title 10, United

18 States Code, is amended by adding at the end the following

19 new section:

20 ‘‘§ 2111a. Detail of officers to senior military colleges

21 ‘‘(a) DETAIL OF OFFICERS TO SERVE AS COM22 MANDANT OR ASSISTANT COMMANDANT OF CADETS.—(1)

23 Upon the request of a senior military college, the Secretary

24 of Defense shall detail an officer on the active-duty list to

25 serve as Commandant of Cadets at that college or (in the
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1 case of a college with an Assistant Commandant of Cadets)

2 detail an officer on the active-duty list to serve as Assistant

3 Commandant of Cadets at that college (but not both).

4 ‘‘(2) In the case of an officer detailed as Commandant

5 of Cadets, the officer may, upon the request of the college,

6 be assigned from among the Professor of Military Science,

7 the Professor of Naval Science (if any), and the Professor

8 of Aerospace Science (if any) at that college or may be in

9 addition to any other officer detailed to that college in sup10 port of the program.

11 ‘‘(3) In the case of an officer detailed as Assistant

12 Commandant of Cadets, the officer may, upon the request

13 of the college, be assigned from among officers otherwise de14 tailed to duty at that college in support of the program or

15 may be in addition to any other officer detailed to that col16 lege in support of the program.

17 ‘‘(b) DESIGNATION OF OFFICERS AS TACTICAL OFFI18 CERS.—Upon the request of a senior military college, the

19 Secretary of Defense shall authorize officers (other than offi20 cers covered by subsection (a)) who are detailed to duty as

21 instructors at that college to act simultaneously as tactical

22 officers (with or without compensation) for the Corps of Ca23 dets at that college.

24 ‘‘(c) DETAIL OF OFFICERS.—The Secretary of a mili25 tary department shall designate officers for detail to the
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1 program at a senior military college in accordance with

2 criteria provided by the college. An officer may not be de3 tailed to a senior military college without the approval of

4 that college.

5 ‘‘(d) SENIOR MILITARY COLLEGES.—The senior mili6 tary colleges are the following:

7 ‘‘(1) Texas A&M University.

8 ‘‘(2) Norwich College.

9 ‘‘(3) The Virginia Military Institute.

10 ‘‘(4) The Citadel.

11 ‘‘(5) Virginia Polytechnic Institute and State

12 University.

13 ‘‘(6) North Georgia College.’’.

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

15 the beginning of such chapter is amended by adding at the

16 end the following new item:

‘‘2111a. Detail of officers to senior military colleges.’’.

17 SEC. 517. MOBILIZATION INCOME INSURANCE PROGRAM

18 FOR MEMBERS OF READY RESERVE.

19 (a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle E of

20 title 10, United States Code, is amended by inserting after

21 chapter 1213 the following new chapter:

22 ‘‘CHAPTER 1214—READY RESERVE INCOME

23 INSURANCE

‘‘Sec.

‘‘12521. Definitions.

‘‘12522. Establishment and purpose of program.
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‘‘12523. Program administration.

‘‘12524. Eligible insurance companies.

‘‘12525. Persons insured; amount.

‘‘12526. Deductions; payment.

‘‘12527. Payment of insurance; beneficiaries.

‘‘12528. Premiums; accounting to the Secretary.

‘‘12529. Forfeiture.

1 ‘‘§ 12521. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) The term ‘covered service’ means active duty

4 in the armed forces performed by a member of a re5 serve component under orders for more than 30 days

6 which specify that the member’s service is in support

7 of an operational mission for which members of the

8 reserve components have been ordered to active duty

9 without their consent or in support of forces activated

10 during a period of war or during a period of national

11 emergency as declared by the President or Congress.

12 ‘‘(2) The term ‘covered member’ means a member

13 of the Ready Reserve who is eligible for and who has

14 not declined coverage under this chapter.

15 ‘‘(3) The term ‘Secretary’ means the Secretary of

16 Defense.

17 ‘‘(4) The term ‘Department’ means the Depart18 ment of Defense.

19 ‘‘(5) The term ‘Board’ means the Board of Actu20 aries established under section 2006(e)(1) of this title.

21 ‘‘(6) The term ‘Fund’ means the Department of

22 Defense Ready Reserve Income Insurance Fund.
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1 ‘‘§ 12522. Establishment and purpose of program

2 ‘‘(a) ESTABLISHMENT.—There is established an insur3 ance program for members of the Ready Reserve to be

4 known as the Department of Defense Ready Reserve Income

5 Insurance Program which shall be administered by the Sec6 retary. There is also established on the books of the Treasury

7 a fund to be known as the Department of Defense Ready

8 Reserve Income Insurance Fund, which shall be adminis9 tered by the Secretary of the Treasury. The Fund shall be

10 used for the accumulation of funds in order to finance on

11 an actuarially sound basis liabilities of the Program.

12 ‘‘(b) ASSETS OF FUND.—There shall be deposited into

13 the Fund the following, which shall constitute the assets of

14 the Fund:

15 ‘‘(1) Amounts paid into the Fund under sections

16 12526 and 12528 of this title.

17 ‘‘(2) Any amount appropriated to the Fund.

18 ‘‘(3) Any return on investment of the assets of

19 the Fund.

20 ‘‘(c) BOARD OF ACTUARIES.—The Department of De21 fense Education Benefits Fund Board of Actuaries shall

22 have the actuarial responsibility for the Program.

23 ‘‘(d) DETERMINATION OF CONTRIBUTIONS TO THE

24 FUND.—(1) Not later than six months after the Program

25 is established, the Board shall determine (project) the pre26 mium rate for the coverage to be offered.
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1 ‘‘(2) If at the time of any such valuation there has

2 been a change in benefits under the Program that has been

3 made since the last such valuation and such change in bene4 fits increases or decreases the present value of amounts pay5 able from the Fund, the Board shall determine a premium

6 rate methodology and schedule for the liquidation of any

7 liability (or actuarial gain to the Fund) created by such

8 change and any previous such changes so that the present

9 value of the sum of the scheduled premium payments (or

10 reduction in payments that would otherwise be made)

11 equals the cumulative increase (or decrease) in the present

12 value of such benefits.

13 ‘‘(3) If at the time of any such valuation the Board

14 determines that, based upon changes in actuarial assump15 tions since the last valuation, there has been an actuarial

16 gain or loss to the Fund, the Board shall recommend a pre17 mium rate schedule for the amortization of the cumulative

18 gain or loss to the Fund created by such change in assump19 tions and any previous such changes in assumptions

20 through an increase or decrease in the payments that would

21 otherwise be made to the Fund.

22 ‘‘(4) If at any time liabilities exceed assets of the Fund

23 as a result of a call up, and funds are unavailable to pay

24 benefits, the Secretary shall seek a special appropriation to

25 cover the unfunded liability. If appropriations are not
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1 made, in any fiscal year, the Secretary shall limit the value

2 of any benefits conferred by this program to an amount

3 that does not exceed assets of the Fund expected to accrue

4 at the end of such fiscal year. Benefits that cannot be paid

5 because of such limitation of funds shall be deferred and

6 paid only after funds become available.

7 ‘‘(e) PAYMENTS INTO THE FUND.—(1) Payment into

8 the Fund under this subsection shall accumulate in accord9 ance with the provisions of section 12526 of this title.

10 ‘‘(2) At the beginning of each fiscal year, the Secretary

11 shall determine the sum of the following:

12 ‘‘(A) The projected amount of the premiums to be

13 collected, investment earnings, and any special appro14 priations received for that fiscal year.

15 ‘‘(B) The amount for that year of any cumu16 lative unfunded liability (including any negative

17 amount or any gain to the Fund) resulting from pay18 ments of benefits.

19 ‘‘(C) The amount for that year (including any

20 negative amount) of any cumulative actuarial gain or

21 loss to the Fund.

22 ‘‘(f) INVESTMENT OF ASSETS OF FUND.—The Sec23 retary of the Treasury shall invest such portion of the Fund

24 as is not in the judgment of the Secretary of Defense re25 quired to meet current liabilities. Such investments shall
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1 be in public debt securities with maturities suitable to the

2 needs of the Fund, as determined by the Secretary of De3 fense, and bearing interest at rates determined by the Sec4 retary of the Treasury, taking into consideration current

5 market yields on outstanding marketable obligations of the

6 United States of comparable maturities. The income on

7 such investments shall be credited to and form a part of

8 the Fund.

9 ‘‘§ 12523. Program administration

10 ‘‘The insurance program provided for in this chapter

11 shall be administered by the Secretary, who is authorized

12 to adopt such rules, procedures, and policies as in the Sec13 retary’s judgment may be necessary or appropriate to carry

14 out the purposes of this chapter.

15 ‘‘§ 12524. Eligible insurance companies

16 ‘‘(a) The Secretary may, without regard to section

17 3709 of the Revised Statutes (41 U.S.C. 5), purchase from

18 one or more insurance companies a policy or policies of

19 group insurance to offer benefits to all members. Each such

20 insurance company shall (1) be licensed to issue insurance

21 in each of the 50 States and in the District of Columbia,

22 and (2) as of the most recent December 31 for which infor23 mation is available to the Secretary, have in effect at least

24 1 percent of the total amount of insurance which all such

25 insurance companies have in effect in the United States.
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1 ‘‘(b) Any insurance company which issues a policy

2 under subsection (a) shall establish an administrative office

3 at a place and under a name designated by the Secretary.

4 ‘‘(c) The Secretary may use the facilities and services

5 of any insurance company issuing any policy under this

6 chapter and may designate one such company as the rep7 resentative of the other companies and contract to pay a

8 reasonable fee to the designated company for its services.

9 ‘‘(d) The Secretary shall arrange with the insurance

10 company issuing any policy under this chapter to reinsure,

11 under conditions approved by the Secretary, portions of the

12 total amount of insurance under such policy or policies

13 with such other insurance companies (which meet qualify14 ing criteria set forth by the Secretary) as may elect to par15 ticipate in such reinsurance.

16 ‘‘(e) The Secretary may at any time discontinue any

17 policy purchased under this section.

18 ‘‘§ 12525. Persons insured; amount

19 ‘‘(a)(1) Any policy of insurance provided under this

20 chapter shall insure each covered member of the Ready Re21 serve against covered service. Any covered member ordered

22 into covered service shall be entitled to payment of a basic

23 benefit of $1,000 for each month of covered service which

24 is in excess of the initial 30 days of covered service, unless

25 the member has elected in writing (A) not to be insured
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1 under this chapter, (B) to be insured for a lower benefit

2 of half the basic benefit, or (C) to be insured in a greater

3 amount, in increments of $500, above the basic benefit not

4 to exceed $5,000 per month of covered service (adjusted pur5 suant to paragraph (2)), following the initial 30 days of

6 covered service, except that no member may be paid under

7 this chapter for more than 12 months of covered service

8 served during any period of 18 months. Payment for any

9 period of covered service less than one month shall be at

10 the rate of one-thirtieth of the monthly rate for each day

11 served. Payment shall be based solely on insured status and

12 on the period of covered service served; no proof of lost in13 come or expenses incurred as a result of covered service shall

14 be required.

15 ‘‘(2) The Secretary shall determine annually the effect

16 of inflation on the benefits and establish an adjustment rate

17 which ensures that there is no loss of value in the benefits

18 payable to a member. Adjustments shall apply to benefits

19 for members with existing coverage and for newly eligible

20 members. Such adjustments for inflation will be rounded

21 to the nearest $10 increment.

22 ‘‘(3) Members of the Ready Reserve who, under regula23 tions prescribed by the Secretary of Defense in coordination

24 with the Secretary of Transportation, are serving on active

25 duty (or full-time National Guard duty) shall not be eligible
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1 to purchase insurance under this chapter. Additional cat2 egories of members of the Ready Reserve, in the discretion

3 of the Secretary of Defense, may also be excluded from eligi4 bility to purchase insurance under this chapter.

5 ‘‘(b) Promptly following the effective date of this chap6 ter, the Secretary shall make a one-time offer of insurance

7 coverage under this chapter to all persons who were mem8 bers of the Ready Reserve of an armed force on that date

9 and who remain members of the Ready Reserve. Members

10 of the Ready Reserve, first becoming eligible for coverage

11 after the effective date of this chapter, shall be automatically

12 enrolled for the basic benefit unless declined, or another

13 amount is elected under subsection (a)(1).

14 ‘‘(c) Members shall be given a written explanation of

15 the insurance and be advised that they have the right (1)

16 to decline coverage altogether, (2) to select half the basic

17 benefit, or (3) to select increased benefits. The right of a

18 member of the Ready Reserve to decline, increase, or de19 crease coverage shall be exercised within 30 days of first

20 being eligible for coverage.

21 ‘‘§ 12526. Deductions; payment

22 ‘‘(a)(1) During any period in which a member insured

23 under this chapter is participating in paid reserve training

24 or other duty, there shall be deducted each month from the

25 member’s basic pay or compensation for inactive duty
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1 training an amount determined by the Secretary to be the

2 same for all members of the Ready Reserve who subscribe

3 to the same amount of insurance as the share of the cost

4 attributable to insuring such member. As provided in sec5 tion 12525 of this title, the Secretary may establish grad6 uated monthly premiums for an amount of insurance less

7 than the basic amount of coverage or in excess of the basic

8 coverage amount.

9 ‘‘(2) Any member insured under this chapter who is

10 not in a pay status in which the member receives pay on

11 a monthly basis shall pay the cost attributable to insuring

12 such member in accordance with regulations to be adopted

13 by the Secretary.

14 ‘‘(b) An amount equal to the first amount due on in15 surance under this chapter may be advanced from current

16 appropriations for military pay to any such member, which

17 amount shall constitute a lien upon the pay for military

18 service accruing to the person to whom such advance was

19 made, and shall be collected therefrom if not otherwise paid.

20 No disbursing or certifying officer shall be responsible for

21 any loss by reason of such advance.

22 ‘‘(c) The sums withheld from the basic or other pay

23 of insured members or deposited by insured members, to24 gether with the income derived from any dividends or pre25 mium rate adjustments, shall be deposited to the credit of
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1 the Fund. All premium payments for insurance issued

2 under this chapter shall be deposited into the Fund.

3 ‘‘§ 12527. Payment of insurance; beneficiaries

4 ‘‘(a) A member insured under this chapter who serves

5 in excess of 30 days of covered service shall be paid the

6 amount to which such member is entitled on a monthly

7 basis, with the first payment due no later than one month

8 following the 30th day of covered service. The Secretary

9 shall adopt regulations prescribing the manner in which

10 payments shall be made, either to the member or, in accord11 ance with subsection (d), to a designated person or entity.

12 ‘‘(b) A member may designate in writing another per13 son (including a spouse, parent, or other person with an

14 insurable interest as determined by the Secretary by regula15 tion) to whom the insurance payments to which such mem16 ber is entitled are to be paid. Such designation may be

17 made to a bank or other financial institution, to the credit

18 of a designated person. In the latter event, insurance pay19 ments to which a member becomes entitled shall be paid

20 to the designated person, bank or financial institution.

21 ‘‘(c) Any amount of insurance payable under this

22 chapter on account of a deceased member’s period of covered

23 service shall be paid, upon the establishment of a valid

24 claim therefor, to the beneficiary or beneficiaries which the

25 former member had designated in writing. If no such des-
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1 ignation has been made, the amount shall be payable in

2 accordance with the laws of the State of the member’s domi3 cile.

4 ‘‘§ 12528. Premiums; accounting to the Secretary

5 ‘‘(a) Each policy of insurance provided by the Sec6 retary under this chapter shall include for the first policy

7 years a fixed monetary premium per $1,000 of insurance,

8 based, in consultation with the Board, on the best available

9 estimate of risk and financial exposure, levels of subscrip10 tion by members, and other relevant factors. Different pre11 mium levels may be established for different amounts of cov12 erage, provided that the premium rate established for the

13 basic benefit shall not be at a premium rate higher than

14 the premium rate set for increased coverages.

15 ‘‘(b) Each policy shall include provisions whereby the

16 premium rate for the first policy year shall be continued

17 for subsequent policy years (but the premium amount may

18 be increased to account or inflation-adjusted benefit in19 creases). The rate may be readjusted for any subsequent

20 year with the consent of the Secretary based on prior con21 sultation with the Board of Actuaries.

22 ‘‘§ 12529. Forfeiture

23 ‘‘Any person found guilty of mutiny, treason, spying,

24 or desertion, or who refuses to perform service in the armed

25 forces or refuses to wear the uniform of any of the armed
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1 forces, shall forfeit all rights to insurance under this chap2 ter.’’.

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

4 E, and at the beginning of part II of subtitle E, of title

5 10, United States Code, are amended by inserting after the

6 item relating to chapter 1213 the following new item:

‘‘1214. Ready Reserve Income Insurance ......................................12521’’.

7 (b) EFFECTIVE DATE.—The insurance program pro8 vided for in chapter 1218 of title 10, United States Code,

9 as added by subsection (a), and the deductions and con10 tributions for that program shall take effect on a date des11 ignated by the Secretary. Such date may not be later than

12 September 30, 1996. The Secretary shall publish in the Fed13 eral Register notice of such effective date.

14 SEC. 518. DELAY IN REORGANIZATION OF ARMY ROTC RE15 GIONAL HEADQUARTERS STRUCTURE.

16 (a) DELAY.—The Secretary of the Army may not take

17 any action to reorganize the regional headquarters and

18 basic camp structure of the Reserve Officers Training Corps

19 program of the Army until six months after the date on

20 which the report required by subsection (d) is submitted.

21 (b) COST-BENEFIT ANALYSIS.—The Secretary of the

22 Army shall conduct a comparative cost-benefit analysis of

23 various options for the reorganization of the regional head24 quarters and basic camp structure of the Army ROTC pro25 gram. As part of such analysis, the Secretary shall measure
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1 each reorganization option considered against a common

2 set of criteria.

3 (c) SELECTION OF REORGANIZATION OPTION FOR IM4 PLEMENTATION.—Based on the findings resulting from the

5 cost-benefit analysis under subsection (b) and such other

6 factors as the Secretary considers appropriate, the Sec7 retary shall select one reorganization option for implemen8 tation. The Secretary may select an option for implementa9 tion only if the Secretary finds that the cost-benefit analysis

10 and other factors considered clearly demonstrate that such

11 option, better than any other option considered—

12 (1) provides the structure to meet projected mis13 sion requirements;

14 (2) achieves the most significant personnel and

15 cost savings;

16 (3) uses existing basic and advanced camp facili17 ties to the maximum extent possible;

18 (4) minimizes additional military construction

19 costs; and

20 (5) makes maximum use of the reserve compo21 nents to support basic and advanced camp oper22 ations, thereby minimizing the effect of those oper23 ations on active duty units.

24 (d) REPORT.—Not later than 60 days after the date

25 of the enactment of this Act, the Secretary of the Army shall
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1 submit to the Committee on Armed Services of the Senate

2 and the Committee on National Security of the House of

3 Representatives a report describing the reorganization op4 tion selected under subsection (c). The report shall include

5 the results of the cost-benefit analysis under subsection (b)

6 and a detailed rationale for the reorganization option se7 lected.

8 Subtitle C—Matters Relating to

9 Force Levels

10 SEC. 521. FLOOR ON END STRENGTHS.

11 (a) IN GENERAL.—Chapter 39 of title 10, United

12 States Code, is amended by adding at the end the following

13 new section:

14 ‘‘§ 691. Permanent end strength levels to support two

15 major regional contingencies

16 ‘‘(a) The end strengths specified in subsection (b) are

17 the minimum strengths necessary to enable the armed forces

18 to fulfill a national defense strategy calling for the United

19 States to be able to successfully conduct two nearly simulta20 neous major regional contingencies.

21 ‘‘(b) Unless otherwise provided by law, the number of

22 members of the armed forces (other than the Coast Guard)

23 on active duty at the end of any fiscal year shall be not

24 less than the following:

25 ‘‘(1) For the Army, 495,000.
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1 ‘‘(2) For the Navy, 395,000.

2 ‘‘(3) For the Marine Corps, 174,000.

3 ‘‘(4) For the Air Force, 381,000.

4 ‘‘(c) No funds appropriated to the Department of De5 fense may be used to reduce the active duty end strengths

6 for the armed forces below the levels specified in subsection

7 (b) unless the Secretary of Defense submits to Congress no8 tice of the proposed lower end strength levels and a justifica9 tion for those levels. No action may then be taken to reduce

10 such end strengths below the levels specified in subsection

11 (b) until the end of the six-month period beginning on the

12 date of the submission of such notification to Congress.

13 ‘‘(d) The number of members of the armed forces on

14 active duty shall be counted for purposes of this section in

15 the same manner as applies under section 115(a)(1) of this

16 title.’’.

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

18 the beginning of such chapter is amended by adding at the

19 end the following new item:

‘‘691. Permanent end strength levels to support two major regional contingencies.’’.

20 SEC. 522. ARMY OFFICER MANNING LEVELS.

21 (a) IN GENERAL.—(1) Chapter 331 of title 10, United

22 States Code, is amended by inserting after the table of sec23 tions the following new section:
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1 ‘‘§ 3201. Officers on active duty: minimum strength

2 based on requirements

3 ‘‘(a) The Secretary of the Army shall ensure that (be4 ginning with fiscal year 1999) the strength at the end of

5 each fiscal year of officers on active duty is sufficient to

6 enable the Army to meet at least 90 percent of the pro7 grammed manpower structure for the active component of

8 the Army.

9 ‘‘(b) The number of officers on active duty shall be

10 counted for purposes of this section in the same manner

11 as applies under section 115(a)(1) of this title.

12 ‘‘(c) In this section:

13 ‘‘(1) The term ‘programmed manpower structure’

14 means the aggregation of billets describing the full

15 manpower requirements for units and organizations

16 in the programmed force structure.

17 ‘‘(2) The term ‘programmed force structure’

18 means the set of units and organizations that exist in

19 the current year and that is planned to exist in each

20 future year under the then-current Future-Years De21 fense Program.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by inserting after ‘‘Sec.’’ the following new

24 item:

‘‘3201. Officers on active duty: minimum strength based on requirements.’’.
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1 (b) ASSISTANCE IN ACCOMPLISHING REQUIREMENT.—

2 The Secretary of Defense shall provide to the Army suffi3 cient personnel and financial resources (including resources

4 from outside Army accounts) to enable the Army to meet

5 the requirement specified in section 3201 of title 10, United

6 States Code, as added by subsection (a).

7 SEC. 523. COMPTROLLER GENERAL REVIEW OF PROPOSED

8 ARMY END STRENGTH ALLOCATIONS.

9 (a) IN GENERAL.—During fiscal years 1996 through

10 2001, the Comptroller General of the United States shall

11 analyze the plans of the Secretary of the Army for the allo12 cation of assigned active component end strengths for the

13 Army through the requirements process known as Total

14 Army Analysis 2003 and through any subsequent similar

15 requirements process of the Army that is conducted before

16 2002. The Comptroller General’s analysis shall consider

17 whether the proposed active component end strengths and

18 planned allocation of forces for that period will be sufficient

19 to implement the national military strategy. In monitoring

20 those plans, the Comptroller General shall determine the ex21 tent to which the Army will be able during that period—

22 (1) to man fully the combat force based on the

23 projected active component Army end strength for

24 each of fiscal years 1996 through 2001;
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1 (2) to meet the support requirements for the force

2 and strategy specified in the report of the Bottom-Up

3 Review, including requirements for operations other

4 than war; and

5 (3) to streamline further Army infrastructure in

6 order to eliminate duplication and inefficiencies and

7 replace active duty personnel in overhead positions,

8 whenever practicable, with civilian or reserve person9 nel.

10 (b) ACCESS TO DOCUMENTS, ETC.—The Secretary of

11 the Army shall ensure that the Comptroller General is pro12 vided access, on a timely basis and in accordance with the

13 needs of the Comptroller General, to all analyses, models,

14 memoranda, reports, and other documents prepared or used

15 in connection with the requirements process of the Army

16 known as Total Army Analysis 2003 and any subsequent

17 similar requirements process of the Army that is conducted

18 before 2002.

19 (c) ANNUAL REPORT.—Not later than March 1 of each

20 year through 2002, the Comptroller General shall submit

21 to Congress a report on the findings and conclusions of the

22 Comptroller General under this section.
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1 SEC. 524. MANNING STATUS OF HIGHLY DEPLOYABLE SUP2 PORT UNITS.

3 Not later than September 30, 1996, the Secretary of

4 each military department shall submit to the Committee on

5 Armed Services of the Senate and the Committee on Na6 tional Security of the House of Representatives a report on

7 the units under that Secretary’s jurisdiction that (as deter8 mined by the Secretary) are high-priority support units

9 that would deploy early in a contingency operation or other

10 crisis and that are, as a matter of policy, managed at less

11 than 100 percent of their authorized strengths. The Sec12 retary shall include in the report the number of such high13 priority support units (shown by type of unit), the level

14 of manning within such high-priority support units, and

15 either the justification for manning of less than 100 percent

16 or the status of corrective action.

17 SEC. 525. SENSE OF CONGRESS CONCERNING PERSONNEL

18 TEMPO RATES.

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

20 (1) Excessively high personnel tempo rates for

21 members of the Armed Forces resulting from high22 tempo unit operations degrades unit readiness and

23 morale and eventually can be expected to adversely af24 fect unit retention.
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1 (2) The Armed Forces have begun to develop

2 methods to measure and manage personnel tempo

3 rates.

4 (3) The Armed Forces have attempted to reduce

5 operations and personnel tempo for heavily tasked

6 units by employing alternative capabilities and re7 ducing tasking requirements.

8 (b) SENSE OF CONGRESS.—The Secretary of Defense

9 should continue to enhance the knowledge within the Armed

10 Forces of personnel tempo and to improve the techniques

11 by which personnel tempo is managed with a view toward

12 establishing and achieving reasonable personnel tempo

13 standards for all personnel, regardless of unit or assign14 ment.

15 Subtitle D—Amendments to the

16 Uniform Code of Military Justice

17 SEC. 541. REFERENCES TO UNIFORM CODE OF MILITARY

18 JUSTICE.

19 Except as otherwise expressly provided, whenever in

20 this subtitle an amendment or repeal is expressed in terms

21 of an amendment to, or repeal of, a section or other provi22 sion, the reference shall be considered to be made to a section

23 or other provision of chapter 47 of title 10, United States

24 Code (the Uniform Code of Military Justice).
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1 SEC. 542. FORFEITURE OF PAY AND ALLOWANCES DURING

2 CONFINEMENT BY SENTENCE OF COURT-MAR3 TIAL.

4 (a) FORFEITURE.—(1) Subchapter VIII is amended by

5 inserting after section 857 (article 57) the following new

6 section (article):

7 ‘‘§ 857a. Art. 57a. Sentences: forfeiture of pay and al8 lowances during confinement by sentence

9 of court-martial

10 ‘‘(a) A court-martial sentence, as announced by the

11 sentencing authority, that includes confinement shall result

12 in the forfeiture of pay and allowances due that member

13 during the period of the confinement or while on parole.

14 The forfeiture shall be effective on the date on which the

15 sentence is announced. The percentage of pay and allow16 ances forfeited shall be the maximum percentage that the

17 court-martial could have directed as part of the sentence.

18 ‘‘(b) If the sentence of a member who forfeits pay and

19 allowances under subsection (a) is set aside or disapproved

20 or, as finally approved, does not provide for confinement,

21 the member shall be paid the pay and allowances which

22 the member would have been paid, but for the forfeiture,

23 for the period during which the forfeiture was in effect.’’.
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1 (2) The table of sections at the beginning of subchapter

2 VIII is amended by inserting after the item relating to sec3 tion 857 (article 57) the following new item:

‘‘857a. 57a. Sentences: forfeiture of pay and allowances during confinement by

sentence of court-martial.’’.

4 (b) ACTION BY THE CONVENING AUTHORITY.—Section

5 860 (article 60) is amended—

6 (1) by redesignating subsections (d) and (e) as

7 subsections (e) and (f) respectively; and

8 (2) by inserting after subsection (c) the following

9 new subsection:

10 ‘‘(d) In a case involving an accused who has depend11 ents and in which the sentence, as approved, includes con12 finement, the convening authority or other person taking

13 action under this section may waive some or all of the for14 feiture of pay and allowances otherwise required by section

15 857a of this title (article 57a). Any amount of pay and

16 allowances payable only by reason of such a waiver shall

17 be paid, as the convening authority or other person taking

18 action under this section directs, to the dependents of the

19 accused.’’

20 (c) CONFORMING AMENDMENT.—(1) Section 804 of

21 title 37, United States Code, is repealed.

22 (2) The table of sections at the beginning of chapter

23 15 of such title is amended by striking out the item relating

24 to section 804.
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1 SEC. 543. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.

2 Section 847(b) (article 47(b)) is amended by striking

3 out ‘‘shall be’’ in the second sentence and all that follows

4 inserting in lieu thereof ‘‘shall be fined or imprisoned, or

5 both, at the court’s discretion.’’.

6 SEC. 544. FLIGHT FROM APPREHENSION.

7 (a) IN GENERAL.—Section 895 (article 95) is amended

8 to read as follows:

9 ‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,

10 and escape

11 ‘‘Any person subject to this chapter who—

12 ‘‘(1) resists apprehension;

13 ‘‘(2) flees from apprehension;

14 ‘‘(3) breaks arrest; or

15 ‘‘(4) escapes from custody or confinement;

16 shall be punished as a court-martial may direct.’’.

17 (b) CLERICAL AMENDMENT.—The item relating to sec18 tion 895 (article 95) in the table of sections at the beginning

19 of subchapter X is amended to read as follows:

‘‘895. 95. Resistance, flight, breach of arrest, and escape.’’.

20 SEC. 545. CARNAL KNOWLEDGE.

21 (a) GENDER NEUTRALITY.—Subsection (b) of section

22 920 (article 120) is amended to read as follows:

23 ‘‘(b) Any person subject to this chapter who, under cir24 cumstances not amounting to rape, commits an act of sex25 ual intercourse with a person—
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1 ‘‘(1) who is not that person’s spouse; and

2 ‘‘(2) who has not attained the age of sixteen

3 years;

4 is guilty of carnal knowledge and shall be punished as a

5 court-martial may direct.’’.

6 (b) MISTAKE OF FACT.—Such section (article) is fur7 ther amended by adding at the end the following new sub8 section:

9 ‘‘(d) In a prosecution under subsection (b), it is a de10 fense that—

11 ‘‘(1) the person with whom the accused commit12 ted the act of sexual intercourse had at the time of the

13 alleged offense attained the age of twelve years; and

14 ‘‘(2) the accused reasonably believed that that

15 person had at the time of the alleged offense attained

16 the age of sixteen years.’’.

17 SEC. 546. TIME AFTER ACCESSION FOR INITIAL INSTRUC18 TION IN THE UNIFORM CODE OF MILITARY

19 JUSTICE.

20 Section 937(a)(1) (article 137(a)(1)) is amended by

21 striking out ‘‘within six days’’ and inserting in lieu thereof

22 ‘‘within fourteen days’’.
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1 SEC. 547. PERSONS WHO MAY APPEAR BEFORE THE UNITED

2 STATES COURT OF APPEALS FOR THE ARMED

3 FORCES.

4 Section 944 (article 144) is amended by adding at the

5 end the following new sentence: ‘‘However, no person may

6 appear before the court (whether on a brief or in person)

7 other than an attorney who is admitted to practice before

8 the court or who is authorized to appear by the court in

9 a particular case (except that the court may permit a third10 year law student certified under a State rule for practical

11 training of law students to appear as an amicus curiae).’’.

12 SEC. 548. DISCRETIONARY REPRESENTATION BY GOVERN13 MENT APPELLATE DEFENSE COUNSEL IN PE14 TITIONING SUPREME COURT FOR WRIT OF

15 CERTIORARI.

16 Section 870 (article 70) is amended—

17 (1) in subsection (c), by inserting ‘‘(except as

18 provided in subsection (f))’’ before ‘‘the Supreme

19 Court’’; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(f) Representation of the accused by appellate defense

23 counsel in preparation of a petition to the Supreme Court

24 for a writ of certiorari shall be at the discretion of the ap25 pellate defense counsel.’’.
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1 SEC. 549. REPEAL OF TERMINATION OF AUTHORITY FOR

2 CHIEF JUSTICE OF UNITED STATES TO DES3 IGNATE ARTICLE III JUDGES FOR TEM4 PORARY SERVICE ON COURT OF APPEALS

5 FOR THE ARMED FORCES.

6 Subsection (i) of section 1301 of the National Defense

7 Authorization Act for Fiscal Years 1990 and 1991 (Public

8 Law 101–189; 10 U.S.C. 942 note) is repealed.

9 SEC. 550. TECHNICAL AMENDMENT.

10 Section 866(f) (article 66(f)) is amended by striking

11 out ‘‘Courts of Military Review’’ both places it appears and

12 inserting in lieu thereof ‘‘Courts of Criminal Appeals’’.

13 Subtitle E—Other Matters

14 SEC. 551. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT

15 FOR OFFICERS AND ENLISTED MEMBERS.

16 (a) ENLISTED SERVICE CREDIT.—Section 972 of title

17 10, United States Code, is amended—

18 (1) by inserting ‘‘(a) ENLISTED MEMBERS RE19 QUIRED TO MAKE UP TIME LOST.—’’ before ‘‘An en20 listed member’’;

21 (2) by striking out paragraphs (3) and (4) and

22 inserting in lieu thereof the following:

23 ‘‘(3) is confined by military or civilian authori24 ties for more than one day before, during, or after

25 trial; or’’; and
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1 (3) by redesignating paragraph (5) as para2 graph (4).

3 (b) OFFICER SERVICE CREDIT.—Such section is fur4 ther amended by adding at the end the following:

5 ‘‘(b) OFFICERS NOT ALLOWED SERVICE CREDIT FOR

6 TIME LOST.—In the case of an officer of an armed force

7 who after the date of the enactment of the National Defense

8 Authorization Act for Fiscal Year 1996—

9 ‘‘(1) deserts;

10 ‘‘(2) is absent from his organization, station, or

11 duty for more than one day without proper authority,

12 as determined by competent authority;

13 ‘‘(3) is confined by military or civilian authori14 ties for more than one day before, during, or after

15 trial; or

16 ‘‘(4) is unable for more than one day, as deter17 mined by competent authority, to perform his duties

18 because of intemperate use of drugs or alcoholic liq19 uor, or because of disease or injury resulting from his

20 misconduct;

21 the period of such desertion, absence, confinement, or inabil22 ity to perform duties may not be counted in computing,

23 for any purpose other than basic pay under section 205 of

24 title 37, the officer’s length of service.’’.
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1 (c) CLERICAL AMENDMENTS.—(1) The heading of such

2 section is amended to read as follows:

3 ‘‘§ 972. Members: effect of time lost

4 (2) The item relating to section 972 in the table of

5 sections at the beginning of chapter 49 of such title is

6 amended to read as follows:

‘‘972. Members: effect of time lost.’’.

7 (d) CONFORMING AMENDMENTS.—(1) Section 1405(c)

8 is amended—

9 (A) by striking out ‘‘MADE UP.—Time’’ and in10 serting in lieu thereof ‘‘MADE UP OR EXCLUDED.—

11 (1) Time’’;

12 (B) by striking out ‘‘section 972’’ and inserting

13 in lieu thereof ‘‘section 972(a)’’;

14 (C) by inserting after ‘‘of this title’’ the follow15 ing: ‘‘, or required to be made up by an enlisted mem16 ber of the Navy, Marine Corps, or Coast Guard under

17 that section with respect to a period of time after the

18 date of the enactment of the National Defense Author19 ization Act for Fiscal Year 1995,’’; and

20 (D) by adding at the end the following:

21 ‘‘(2) Section 972(b) of this title excludes from computa22 tion of an officer’s years of service for purposes of this sec23 tion any time identified with respect to that officer under

24 that section.’’.

25 (2) Chapter 367 of such title is amended—
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1 (A) in section 3925(b), by striking out ‘‘section

2 972’’ and inserting in lieu thereof ‘‘section 972(a)’’;

3 and

4 (B) by adding at the end of section 3926 the fol5 lowing new subsection:

6 ‘‘(e) Section 972(b) of this title excludes from computa7 tion of an officer’s years of service for purposes of this sec8 tion any time identified with respect to that officer under

9 that section.’’.

10 (3)(A) Chapter 571 of such title is amended by insert11 ing after section 6327 the following new section:

12 ‘‘§ 6328. Computation of years of service: voluntary re13 tirement

14 ‘‘(a) ENLISTED MEMBERS.—Time required to be made

15 up under section 972(a) of this title after the date of the

16 enactment of this section may not be counted in computing

17 years of service under this chapter.

18 ‘‘(b) OFFICERS.—Section 972(b) of this title excludes

19 from computation of an officer’s years of service for pur20 poses of this chapter any time identified with respect to that

21 officer under that section.’’.

22 (B) The table of sections at the beginning of such chap23 ter is amended by inserting after the item relating to section

24 6327 the following new item:

‘‘6328. Computation of years of service: voluntary retirement.’’.

25 (4) Chapter 867 of such title is amended—
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1 (A) in section 8925(b), by striking out ‘‘section

2 972’’ and inserting in lieu thereof ‘‘section 972(a)’’;

3 and

4 (B) by adding at the end of section 8926 the fol5 lowing new subsection:

6 ‘‘(d) Section 972(b) of this title excludes from computa7 tion of an officer’s years of service for purposes of this sec8 tion any time identified with respect to that officer under

9 that section.’’.

10 (e) EFFECTIVE DATE AND APPLICABILITY.—The

11 amendments made by this section shall take effect on the

12 date of the enactment of this Act and shall apply to any

13 period of time covered by section 972 of title 10, United

14 States Code, that occurs after that date.

15 SEC. 552. EXTENSION OF EXPIRING PERSONNEL AUTHORI16 TIES.

17 (a) GRADE DETERMINATION AUTHORITY FOR CERTAIN

18 RESERVE MEDICAL OFFICERS.—Sections 3359(b) and

19 8359(b) of title 10, United States Code, are amended by

20 striking out ‘‘September 30, 1995’’ and inserting in lieu

21 thereof ‘‘September 30, 1996’’.

22 (n) PROMOTION AUTHORITY FOR CERTAIN RESERVE

23 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

24 and 8380(d) of such title are amended by striking out ‘‘Sep-
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1 tember 30, 1995’’ and inserting in lieu thereof ‘‘September

2 30, 1996’’.

3 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

4 TO THE RETIRED RESERVE.—Section 1016(d) of the De5 partment of Defense Authorization Act, 1984 (10 U.S.C.

6 3360 note), is amended by striking out ‘‘September 30,

7 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.

8 (d) AUTHORITY FOR TEMPORARY PROMOTIONS OF

9 CERTAIN NAVY LIEUTENANTS.—Section 5721 of title 10,

10 United States Code, is amended by striking out ‘‘September

11 30, 1995’’ and inserting in lieu thereof ‘‘September 30,

12 1998’’.

13 SEC. 553. INCREASE IN EDUCATIONAL ASSISTANCE ALLOW14 ANCE WITH RESPECT TO SKILLS OR SPECIAL15 TIES FOR WHICH THERE IS A CRITICAL

16 SHORTAGE OF PERSONNEL.

17 Section 16131 of title 10, United States Code, is

18 amended by adding at the end the following new subsection:

19 ‘‘(j)(1) In the case of a person who has a skill or spe20 cialty designated by the Secretary concerned as a skill or

21 specialty in which there is a critical shortage of personnel

22 or for which it is difficult to recruit or, in the case of criti23 cal units, retain personnel, the Secretary concerned may in24 crease the rate of the educational assistance allowance ap25 plicable to that person to such rate in excess of the rate
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1 prescribed under subparagraphs (A) through (D) of sub2 section (b)(1) as the Secretary of Defense considers appro3 priate, but the amount of any such increase may not exceed

4 $350 per month.

5 ‘‘(2) The authority provided by paragraph (1) shall

6 be exercised by the Secretaries of the military departments

7 under regulations prescribed by the Secretary of Defense.’’.

8 SEC. 554. AMENDMENTS TO EDUCATION LOAN REPAYMENT

9 PROGRAMS.

10 (a) GENERAL EDUCATION LOAN REPAYMENT PRO11 GRAM.—Section 2171(a)(1) of title 10, United States Code,

12 is amended—

13 (1) by striking out ‘‘or’’ at the end of subpara14 graph (A);

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C); and

17 (3) by inserting after subparagraph (A) the fol18 lowing new subparagraph (B):

19 ‘‘(B) any loan made under part D of such title

20 (the William D. Ford Federal Direct Loan Program,

21 20 U.S.C. 1087a et seq.); or’’.

22 (b) EDUCATION LOAN REPAYMENT PROGRAM FOR EN23 LISTED MEMBERS OF SELECTED RESERVE WITH CRITICAL

24 SPECIALTIES.—Section 16301(a)(1) of such title is amend25 ed—
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1 (1) by striking out ‘‘or’’ at the end of subpara2 graph (A);

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C); and

5 (3) by inserting after subparagraph (A) the fol6 lowing new subparagraph (B):

7 ‘‘(B) any loan made under part D of such title

8 (the William D. Ford Federal Direct Loan Program,

9 20 U.S.C. 1087a et seq.); or’’.

10 (c) EDUCATION LOAN REPAYMENT PROGRAM FOR

11 HEALTH PROFESSIONS OFFICERS SERVING IN SELECTED

12 RESERVE WITH WARTIME CRITICAL MEDICAL SKILL

13 SHORTAGES.—Section 16302(a) of such title is amended—

14 (1) by redesignating paragraphs (2) through (4)

15 as paragraphs (3) through (5) respectively; and

16 (2) by inserting after paragraph (1) the follow17 ing new paragraph (2):

18 ‘‘(2) any loan made under part D of such title

19 (the William D. Ford Federal Direct Loan Program,

20 20 U.S.C. 1087a et seq.); or’’.
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1 SEC. 555. RECOGNITION BY STATES OF LIVING WILLS OF

2 MEMBERS, CERTAIN FORMER MEMBERS, AND

3 THEIR DEPENDENTS.

4 (a) RECOGNITION BY STATES REQUIRED.—(1) Chap5 ter 53 of title 10, United States Code, is amended by insert6 ing after section 1044b the following new section:

7 ‘‘§ 1044c. Military advance medical directives: require8 ment for recognition by States

9 ‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT

10 WITHOUT REGARD TO STATE LAW.—A military advance

11 medical directive—

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) MILITARY ADVANCE MEDICAL DIRECTIVES.—For

20 the purposes of this section, a military advance medical di21 rective is any written declaration regarding future medical

22 treatment that—

23 ‘‘(1) is executed by a person eligible for legal as24 sistance under section 1044(a) of this title or regula25 tions of the Secretary concerned; and

26 ‘‘(2) is intended—
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1 ‘‘(A) to provide, withdraw, or withhold life2 prolonging procedures, including hydration and

3 sustenance, in the event of a terminal condition

4 or persistent vegetative state of the declarant; or

5 ‘‘(B) to appoint another person to make

6 health care decisions for the declarant under cir7 cumstances stated in the declaration if the de8 clarant is determined to be incapable of making

9 informed health care decisions.

10 ‘‘(c) STATEMENT TO BE INCLUDED.—Under regula11 tions prescribed by the Secretary concerned, a written dec12 laration described in subsection (b) shall contain a state13 ment that clearly indicates the purpose of the declaration

14 to serve as the military advance medical directive of the

15 declarant. However, the failure of a military advance medi16 cal directive to include such a statement shall not be con17 strued to negate the legal effect of the directive under sub18 section (a).

19 ‘‘(d) STATE DEFINED.—In this section, the term

20 ‘State’ includes the District of Columbia, the Common21 wealth of Puerto Rico, and a possession of the United

22 States.’’.
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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 1044b the following new item:

‘‘1044c. Military advance medical directives: requirement for recognition by

States.’’.

4 (b) EFFECTIVE DATE.—Section 1044c of title 10,

5 United States Code, as added by subsection (a), shall apply

6 with respect to any military advance medical directive de7 scribed in such section declared before, on, or after the date

8 of the enactment of this Act.

9 SEC. 556. TRANSITIONAL COMPENSATION FOR DEPEND10 ENTS OF MEMBERS OF THE ARMED FORCES

11 SEPARATED FOR DEPENDENT ABUSE.

12 (a) MANDATORY PROGRAM.—Subsection (a) of section

13 1059 of title 10, United States Code, is amended by striking

14 out ‘‘may each establish a program’’ and inserting in lieu

15 thereof ‘‘shall each establish a program’’.

16 (b) PAYMENT TO DEPENDENTS OF MEMBERS NOT DIS17 CHARGED.—Subsection (d) of such section is amended by

18 striking out ‘‘of a separation from active duty as’’ in the

19 first sentence.

20 SEC. 557. ARMY RANGER TRAINING.

21 (a) IN GENERAL.—(1) Chapter 401 of title 10, United

22 States Code, is amended by inserting after section 4302 the

23 following new section:
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1 ‘‘§ 4303. Army Ranger Training: instructor staffing;

2 safety

3 ‘‘(a) LEVELS OF PERSONNEL ASSIGNED TO BE NOT

4 LESS THAN NUMBER REQUIRED.—(1) The Secretary of the

5 Army shall ensure that at all times the number of officers,

6 and the number of enlisted members, permanently assigned

7 to the Army Ranger Training Brigade (or other organiza8 tional element of the Army primarily responsible for ranger

9 student training) are not less than the required manning

10 spaces for that brigade.

11 ‘‘(2) If at any time the number of officers, or the num12 ber of enlisted members, permanently assigned to the Rang13 er Training Brigade is less than the required manning

14 spaces for officers, or for enlisted members, as the case may

15 be, for the Brigade, the Secretary of the Army shall submit

16 to Congress a notice of such shortage, together with a state17 ment of the reasons for the shortage and of the expected date

18 when the number assigned will be not less than the required

19 manning spaces, in accordance with paragraph (1).

20 ‘‘(b) REQUIRED MANNING SPACES.—(1) The Secretary

21 of the Army may not (except as provided in paragraph (3))

22 reduce the required manning spaces for the Ranger Train23 ing Brigade below the baseline required manning spaces.

24 ‘‘(2) In this section:

25 ‘‘(A) The term ‘required manning spaces’ means

26 the number of personnel spaces for officers, and the
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1 number of personnel spaces for enlisted members, that

2 are designated in Army authorization documents as

3 the number required to accomplish the missions of a

4 particular unit or organization.

5 ‘‘(B) The term ‘baseline required manning

6 spaces’ means the required manning spaces for the

7 Army Ranger Training Brigade as of February 10,

8 1995, of 94 officers and 658 enlisted members.

9 ‘‘(3) The Secretary may (subject to paragraph (4))

10 make reductions in required manning spaces for the Army

11 Ranger Training Brigade from the baseline required man12 ning spaces if—

13 ‘‘(A) reductions in ranger student training loads

14 result in decreased instructor workload; and

15 ‘‘(B) one or more of the three major phases of the

16 Ranger Course (conducted at Fort Benning, Georgia,

17 at the Mountain Ranger Camp, and in Florida) is

18 eliminated.

19 ‘‘(4) Before making a reduction authorized by para20 graph (3) in required manning spaces, the Secretary of the

21 Army shall submit to Congress a report on the proposed

22 reduction. Such a reduction may not be made unless the

23 report includes a certification by the Secretary that the re24 duction will not reduce the ability of the commander of the

25 Ranger Training Brigade to conduct training safely. The
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1 report shall include a description of the reduction (includ2 ing specification of the number of officers and the number

3 of enlisted members that will be considered to be required

4 to carry out the missions of the Army Ranger Training Bri5 gade after the reduction) and shall set forth the rationale

6 of the Secretary for the reduction.

7 ‘‘(c) TRAINING SAFETY CELLS.—(1) The Secretary of

8 the Army shall establish and maintain an organizational

9 entity known as a ‘safety cell’ as part of the organizational

10 elements of the Army responsible for conducting each of the

11 three major phases of the Ranger Course. The safety cell

12 in each different geographic area of Ranger Course training

13 shall be comprised of personnel who have sufficient continu14 ity and experience in that geographic area of such training

15 to be knowledgeable of the local conditions year-round, in16 cluding conditions of terrain, weather, water, and climate

17 and other conditions and the potential effect on those condi18 tions on Ranger student training and safety.

19 ‘‘(2) Members of each safety cell shall be assigned in

20 sufficient numbers to serve as advisers to the officers in

21 charge of the major phase of Ranger training and shall as22 sist those officers in making informed daily ‘go’ and ‘no23 go’ decisions regarding training in light of all relevant con24 ditions, including conditions of terrain, weather, water,

25 and climate and other conditions.’’.
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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 4302 the following new item:

‘‘4303. Army Ranger Training: instructor staffing; safety.’’.

4 (b) ACCOMPLISHMENT OF REQUIRED MANNING LEV5 ELS.—(1) If, as of the date of the enactment of this Act,

6 the number of officers, or the number of enlisted members,

7 permanently assigned to the Ranger Training Brigade is

8 not 100 percent (or more) of the requirement specified in

9 subsection (b) of section 4303 of title 10, United States

10 Code, as added by subsection (a), the Secretary of the

11 Army—

12 (A) shall take such steps as necessary to accom13 plish that requirement within 12 months after such

14 date of enactment; and

15 (B) not later than 90 days after such date of en16 actment, shall submit to Congress a plan to achieve

17 and maintain that requirement.

18 (2) If the Secretary does not accomplish the require19 ment referred to in paragraph (1) with respect to both offi20 cers and enlisted members within 12 months after the date

21 of the enactment of this Act (as required by paragraph

22 (1)(A)), the Secretary shall halt all training activities of

23 the Ranger Training Brigade until the requirement is met.
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1 SEC. 558. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.

2 (a) REPEAL OF CIVIL-MILITARY COOPERATIVE ACTION

3 PROGRAM.—(1) Section 410 of title 10, United States Code,

4 and section 1081(a) of the National Defense Authorization

5 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

6 410 note) are repealed.

7 (2) The table of sections at the beginning of chapter

8 20 of title 10, United States Code, is amended by striking

9 out the item relating to section 410.

10 (b) REPEAL OF RELATED PROVISIONS.—The following

11 sections of the National Defense Authorization Act for Fis12 cal Year 1993 (Public Law 102–484) are repealed.

13 (1) Section 1045 (10 U.S.C. 410 note), relating

14 to a pilot outreach program to reduce demand for ille15 gal drugs.

16 (2) Section 1091 (32 U.S.C. 501 note), relating

17 to the National Guard Civilian Youth Opportunities

18 Program.

19 (c) TERMINATION OF SUPPORT OF CIVILIAN COMMU20 NITY CORPS.—(1) The Secretary of Defense may not pro21 vide support to, or participate in, the Civilian Community

22 Corps Demonstration Program established under subtitle E

23 of title I of the National and Community Service Act of

24 1990 (42 U.S.C. 12611–12626) or the Civilian Community

25 Corps required as part of that demonstration program.
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1 (2) Section 1093 of the National Defense Authorization

2 Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C.

3 12612 note), relating to coordination between the National

4 Guard Civilian Youth Opportunities Pilot Program and the

5 Civilian Community Corps Demonstration Program, is re6 pealed.

7 SEC. 559. ELIGIBILITY FOR ARMED FORCES EXPEDITION8 ARY MEDAL BASED UPON SERVICE IN EL SAL9 VADOR.

10 (a) IN GENERAL.—For the purpose of determining eli11 gibility of members and former members of the Armed

12 Forces for the Armed Forces Expeditionary Medal, the

13 country of El Salvador during the period beginning on

14 January 1, 1981 and ending on February 1, 1992, shall

15 be treated as having been designated as an area and a pe16 riod of time in which members of the Armed Forces partici17 pated in operations in significant numbers and otherwise

18 met the general requirements for the award of that medal.

19 (b) INDIVIDUAL DETERMINATION.—The Secretary of

20 the military department concerned shall determine whether

21 individual members or former members of the Armed Forces

22 who served in El Salvador during the period beginning on

23 January 1, 1981 and ending on February 1, 1992 meet the

24 individual service requirements for award of the Armed

25 Forces Expeditionary Medal as established in applicable
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1 regulations. Such determinations shall be made as expedi2 tiously as possible after the date of the enactment of this

3 Act.

4 SEC. 560. REVISION AND CODIFICATION OF MILITARY FAM5 ILY ACT AND MILITARY CHILD CARE ACT.

6 (a) IN GENERAL.—(1) Subtitle A of title 10, United

7 States Code, is amended by inserting after chapter 87 the

8 following new chapter:

9 ‘‘CHAPTER 88—MILITARY FAMILY

10 PROGRAMS AND MILITARY CHILD CARE

‘‘Subchapter Sec.

‘‘I. Military Family Programs ............................................................. 1781

‘‘II. Military Child Care ......................................................................... 1791

11 ‘‘SUBCHAPTER I—MILITARY FAMILY PROGRAMS

‘‘Sec.

‘‘1781. Office of Family Policy.

‘‘1782. Surveys of military families.

‘‘1783. Family members serving on advisory committees.

‘‘1784. Employment opportunities for military spouses.

‘‘1785. Youth sponsorship program.

‘‘1786. Dependent student travel within the United States.

‘‘1787. Reporting of child abuse.

12 ‘‘§ 1781. Office of Family Policy

13 ‘‘(a) ESTABLISHMENT.—There is in the Office of the

14 Secretary of Defense an Office of Family Policy (hereinafter

15 in this section referred to as the ‘Office’). The Office shall

16 be under the Assistant Secretary of Defense for Force Man17 agement and Personnel.

18 ‘‘(b) DUTIES.—The Office—
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1 ‘‘(1) shall coordinate programs and activities of

2 the military departments to the extent that they relate

3 to military families; and

4 ‘‘(2) shall make recommendations to the Sec5 retaries of the military departments with respect to

6 programs and policies regarding military families.

7 ‘‘(c) STAFF.—The Office shall have not less than five

8 professional staff members.

9 ‘‘§ 1782. Surveys of military families

10 ‘‘(a) AUTHORITY.—The Secretary of Defense may con11 duct surveys of members of the armed forces on active duty

12 or in an active status, members of the families of such mem13 bers, and retired members of the armed forces to determine

14 the effectiveness of Federal programs relating to military

15 families and the need for new programs.

16 ‘‘(b) RESPONSES TO BE VOLUNTARY.—Responses to

17 surveys conducted under this section shall be voluntary.

18 ‘‘(c) FEDERAL RECORDKEEPING REQUIREMENTS.—

19 With respect to such surveys, family members of members

20 of the armed forces and reserve and retired members of the

21 armed forces shall be considered to be employees of the Unit22 ed States for purposes of section 3502(4)(A) of title 44.
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1 ‘‘§ 1783. Family members serving on advisory commit2 tees

3 ‘‘A committee within the Department of Defense which

4 advises or assists the Department in the performance of any

5 function which affects members of military families and

6 which includes members of military families in its member7 ship shall not be considered an advisory committee under

8 section 3(2) of the Federal Advisory Committee Act (5

9 U.S.C. App.) solely because of such membership.

10 ‘‘§ 1784. Employment opportunities for military

11 spouses

12 ‘‘(a) AUTHORITY.—The President shall order such

13 measures as the President considers necessary to increase

14 employment opportunities for spouses of members of the

15 armed forces. Such measures may include—

16 ‘‘(1) excepting, pursuant to section 3302 of title

17 5, from the competitive service positions in the De18 partment of Defense located outside of the United

19 States to provide employment opportunities for quali20 fied spouses of members of the armed forces in the

21 same geographical area as the permanent duty sta22 tion of the members; and

23 ‘‘(2) providing preference in hiring for positions

24 in nonappropriated fund activities to qualified

25 spouses of members of the armed forces stationed in

26 the same geographical area as the nonappropriated
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1 fund activity for positions in wage grade UA–8 and

2 below and equivalent positions and for positions paid

3 at hourly rates.

4 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

5 prescribe regulations—

6 ‘‘(1) to implement such measures as the Presi7 dent orders under subsection (a);

8 ‘‘(2) to provide preference to qualified spouses of

9 members of the armed forces in hiring for any civil10 ian position in the Department of Defense if the

11 spouse is among persons determined to be best quali12 fied for the position and if the position is located in

13 the same geographical area as the permanent duty

14 station of the member;

15 ‘‘(3) to ensure that notice of any vacant position

16 in the Department of Defense is provided in a man17 ner reasonably designed to reach spouses of members

18 of the armed forces whose permanent duty stations

19 are in the same geographic area as the area in which

20 the position is located; and

21 ‘‘(4) to ensure that the spouse of a member of the

22 armed forces who applies for a vacant position in the

23 Department of Defense shall, to the extent practicable,

24 be considered for any such position located in the
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1 same geographic area as the permanent duty station

2 of the member.

3 ‘‘(c) STATUS OF PREFERENCE ELIGIBLES.—Nothing

4 in this section shall be construed to provide a spouse of a

5 member of the armed forces with preference in hiring over

6 an individual who is a preference eligible.

7 ‘‘§ 1785. Youth sponsorship program

8 ‘‘(a) REQUIREMENT.—The Secretary of Defense shall

9 require that there be at each military installation a youth

10 sponsorship program to facilitate the integration of depend11 ent children of members of the armed forces into new sur12 roundings when moving to that military installation as a

13 result of a parent’s permanent change of station.

14 ‘‘(b) DESCRIPTION OF PROGRAMS.—The program at

15 each installation shall provide for involvement of dependent

16 children of members presently stationed at the military in17 stallation and shall be directed primarily toward children

18 in their preteen and teenage years.

19 ‘‘§ 1786. Dependent student travel within the United

20 States

21 ‘‘Funds available to the Department of Defense for the

22 travel and transportation of dependent students of members

23 of the armed forces stationed overseas may be obligated for

24 transportation allowances for travel within or between the

25 contiguous States.
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1 ‘‘§ 1787. Reporting of child abuse

2 ‘‘(a) IN GENERAL.—The Secretary of Defense shall re3 quest each State to provide for the reporting to the Sec4 retary of any report the State receives of known or suspected

5 instances of child abuse and neglect in which the person

6 having care of the child is a member of the armed forces

7 (or the spouse of the member).

8 ‘‘(b) DEFINITION.—In this section, the term ‘child

9 abuse and neglect’ has the meaning provided in section 3(1)

10 of the Child Abuse Prevention and Treatment Act (42

11 U.S.C. 5102).

12 ‘‘SUBCHAPTER II—MILITARY CHILD CARE

‘‘Sec.

‘‘1791. Funding for military child care.

‘‘1792. Child care employees.

‘‘1793. Parent fees.

‘‘1794. Child abuse prevention and safety at facilities.

‘‘1795. Parent partnerships with child development centers.

‘‘1796. Subsidies for family home day care.

‘‘1797. Early childhood education program.

‘‘1798. Definitions.

13 ‘‘§ 1791. Funding for military child care

14 ‘‘It is the policy of Congress that the amount of appro15 priated funds available during a fiscal year for operating

16 expenses for military child development centers and pro17 grams shall be not less than the amount of child care fee

18 receipts that are estimated to be received by the Department

19 of Defense during that fiscal year.
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1 ‘‘§ 1792. Child care employees

2 ‘‘(a) REQUIRED TRAINING.—(1) The Secretary of De3 fense shall prescribe regulations implementing, a training

4 program for child care employees. Those regulations shall

5 apply uniformly among the military departments. Subject

6 to paragraph (2), satisfactory completion of the training

7 program shall be a condition of employment of any person

8 as a child care employee.

9 ‘‘(2) Under those regulations, the Secretary shall re10 quire that each child care employee complete the training

11 program not later than six months after the date on which

12 the employee is employed as a child care employee.

13 ‘‘(3) The training program established under this sub14 section shall cover, at a minimum, training in the follow15 ing:

16 ‘‘(A) Early childhood development.

17 ‘‘(B) Activities and disciplinary techniques ap18 propriate to children of different ages.

19 ‘‘(C) Child abuse prevention and detection.

20 ‘‘(D) Cardiopulmonary resuscitation and other

21 emergency medical procedures.

22 ‘‘(b) TRAINING AND CURRICULUM SPECIALISTS.—(1)

23 The Secretary of Defense shall require that at least one em24 ployee at each military child development center be a spe25 cialist in training and curriculum development. The Sec-
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1 retary shall ensure that such employees have appropriate

2 credentials and experience.

3 ‘‘(2) The duties of such employees shall include the fol4 lowing:

5 ‘‘(A) Special teaching activities at the center.

6 ‘‘(B) Daily oversight and instruction of other

7 child care employees at the center.

8 ‘‘(C) Daily assistance in the preparation of les9 son plans.

10 ‘‘(D) Assistance in the center’s child abuse pre11 vention and detection program.

12 ‘‘(E) Advising the director of the center on the

13 performance of other child care employees.

14 ‘‘(3) Each employee referred to in paragraph (1) shall

15 be an employee in a competitive service position.

16 ‘‘(c) COMPETITIVE RATES OF PAY.—For the purpose

17 of providing military child development centers with a

18 qualified and stable civilian workforce, employees at a mili19 tary installation who are directly involved in providing

20 child care and are paid from nonappropriated funds—

21 ‘‘(1) in the case of entry-level employees, shall be

22 paid at rates of pay competitive with the rates of pay

23 paid to other entry-level employees at that installa24 tion who are drawn from the same labor pool; and
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1 ‘‘(2) in the case of other employees, shall be paid

2 at rates of pay substantially equivalent to the rates

3 of pay paid to other employees at that installation

4 with similar training, seniority, and experience.

5 ‘‘(d) EMPLOYMENT PREFERENCE PROGRAM FOR MILI6 TARY SPOUSES.—(1) The Secretary of Defense shall conduct

7 a program under which qualified spouses of members of the

8 armed forces shall be given a preference in hiring for the

9 position of child care employee in a position paid from

10 nonappropriated funds if the spouse is among persons de11 termined to be best qualified for the position.

12 ‘‘(2) A spouse who is provided a preference under this

13 subsection at a military child development center may not

14 be precluded from obtaining another preference, in accord15 ance with section 1794 of this title, in the same geographic

16 area as the military child development center.

17 ‘‘(e) COMPETITIVE SERVICE POSITION DEFINED.—In

18 this section, the term ‘competitive service position’ means

19 a position in the competitive service, as defined in section

20 2102(a)(1) of title 5.

21 ‘‘§ 1793. Parent fees

22 ‘‘(a) IN GENERAL.—The Secretary of Defense shall

23 prescribe regulations establishing fees to be charged parents

24 for the attendance of children at military child development

25 centers. Those regulations shall be uniform for the military
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1 departments and shall require that, in the case of children

2 who attend the centers on a regular basis, the fees shall be

3 based on family income.

4 ‘‘(b) LOCAL WAIVER AUTHORITY.—The Secretary of

5 Defense may provide authority to installation commanders,

6 on a case-by-case basis, to establish fees for attendance of

7 children at child development centers at rates lower than

8 those prescribed under subsection (a) if the rates prescribed

9 under subsection (a) are not competitive with rates at local

10 non-military child development centers.

11 ‘‘§ 1794. Child abuse prevention and safety at facili12 ties

13 ‘‘(a) CHILD ABUSE TASK FORCE.—The Secretary of

14 Defense shall maintain a special task force to respond to

15 allegations of widespread child abuse at a military installa16 tion. The task force shall be composed of personnel from ap17 propriate disciplines, including, where appropriate, medi18 cine, psychology, and childhood development. In the case of

19 such allegations, the task force shall provide assistance to

20 the commander of the installation, and to parents at the

21 installation, in helping them to deal with such allegations.

22 ‘‘(b) NATIONAL HOTLINE.—(1) The Secretary of De23 fense shall maintain a national telephone number for per24 sons to use to report suspected child abuse or safety viola25 tions at a military child development center or family home
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1 day care site. The Secretary shall ensure that such reports

2 may be made anonymously if so desired by the person mak3 ing the report. The Secretary shall establish procedures for

4 following up on complaints and information received over

5 that number.

6 ‘‘(2) The Secretary shall publicize the existence of the

7 number.

8 ‘‘(c) ASSISTANCE FROM LOCAL AUTHORITIES.—The

9 Secretary of Defense shall prescribe regulations requiring

10 that, in a case of allegations of child abuse at a military

11 child development center or family home day care site, the

12 commander of the military installation or the head of the

13 task force established under subsection (a) shall seek the as14 sistance of local child protective authorities if such assist15 ance is available.

16 ‘‘(d) SAFETY REGULATIONS.—The Secretary of De17 fense shall prescribe regulations on safety and operating

18 procedures at military child development centers. Those reg19 ulations shall apply uniformly among the military depart20 ments.

21 ‘‘(e) INSPECTIONS.—The Secretary of Defense shall re22 quire that each military child development center be in23 spected not less often than four times a year. Each such

24 inspection shall be unannounced. At least one inspection a

25 year shall be carried out by a representative of the installa-
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1 tion served by the center, and one inspection a year shall

2 be carried out by a representative of the major command

3 under which that installation operates.

4 ‘‘(f) REMEDIES FOR VIOLATIONS.—(1) Except as pro5 vided in paragraph (2), any violation of a safety, health,

6 or child welfare law or regulation (discovered at an inspec7 tion or otherwise) at a military child development center

8 shall be remedied immediately.

9 ‘‘(2) In the case of a violation that is not life threaten10 ing, the commander of the major command under which

11 the installation concerned operates may waive the require12 ment that the violation be remedied immediately for a pe13 riod of up to 90 days beginning on the date of the discovery

14 of the violation. If the violation is not remedied as of the

15 end of that 90-day period, the military child development

16 center shall be closed until the violation is remedied. The

17 Secretary of the military department concerned may waive

18 the preceding sentence and authorize the center to remain

19 open in a case in which the violation cannot reasonably

20 be remedied within that 90-day period or in which major

21 facility reconstruction is required.

22 ‘‘(3) If a military child development center is closed

23 under paragraph (2), the Secretary of the military depart24 ment concerned shall promptly submit to the Committee on

25 Armed Services of the Senate and the Committee on Na-
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1 tional Security of the House of Representatives a report no2 tifying those committees of the closing. The report shall in3 clude—

4 ‘‘(A) notice of the violation that resulted in the

5 closing and the cost of remedying the violation; and

6 ‘‘(B) a statement of the reasons why the violation

7 has not been remedied as of the time of the report.

8 ‘‘§ 1795. Parent partnerships with child development

9 centers

10 ‘‘(a) PARENT BOARDS.—The Secretary of Defense shall

11 require that there be established at each military child de12 velopment center a board of parents, to be composed of par13 ents of children attending the center. The board shall meet

14 periodically with staff of the center and the commander of

15 the installation served by the center for the purpose of dis16 cussing problems and concerns. The board, together with the

17 staff of the center, shall be responsible for coordinating the

18 parent participation program described in subsection (b).

19 ‘‘(b) PARENT PARTICIPATION PROGRAMS.—The Sec20 retary of Defense shall require the establishment of a parent

21 participation program at each military child development

22 center. As part of such program, the Secretary of Defense

23 may establish fees for attendance of children at such a cen24 ter, in the case of parents who participate in the parent
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1 participation program at that center, at rates lower than

2 the rates that otherwise apply.

3 ‘‘§ 1796. Subsidies for family home day care

4 ‘‘The Secretary of Defense may use appropriated funds

5 available for military child care purposes to provide assist6 ance to family home day care providers so that family home

7 day care services can be provided to members of the armed

8 forces at a cost comparable to the cost of services provided

9 by military child development centers. The Secretary shall

10 prescribe regulations for the provision of such assistance.

11 ‘‘§ 1797. Early childhood education program

12 ‘‘The Secretary of Defense shall require that all mili13 tary child development centers meet standards of operation

14 necessary for accreditation by an appropriate national

15 early childhood programs accrediting body.

16 ‘‘§ 1798. Definitions

17 ‘‘In this subchapter:

18 ‘‘(1) The term ‘military child development cen19 ter’ means a facility on a military installation (or on

20 property under the jurisdiction of the commander of

21 a military installation) at which child care services

22 are provided for members of the armed forces or any

23 other facility at which such child care services are

24 provided that is operated by the Secretary of a mili25 tary department.
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1 ‘‘(2) The term ‘family home day care’ means

2 home-based child care services that are provided for

3 members of the armed forces by an individual who

4 (A) is certified by the Secretary of the military de5 partment concerned as qualified to provide those serv6 ices, and (B) provides those services on a regular

7 basis for compensation.

8 ‘‘(3) The term ‘child care employee’ means a ci9 vilian employee of the Department of Defense who is

10 employed to work in a military child development

11 center (regardless of whether the employee is paid

12 from appropriated funds or nonappropriated funds).

13 ‘‘(4) The term ‘child care fee receipts’ means

14 those nonappropriated funds that are derived from

15 fees paid by members of the armed forces for child

16 care services provided at military child development

17 centers.’’.

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

19 A, and at the beginning of part II of subtitle A, of title

20 10, United States Code, are amended by inserting after the

21 item relating to chapter 87 the following new item:

‘‘88. Military Family Programs and Military Child Care ... 1781’’.

22 (b) REPORT ON FIVE-YEAR DEMAND FOR CHILD

23 CARE.—(1) Not later than the date of the submission of the

24 budget for fiscal year 1997 pursuant to section 1105 of title

25 31, United States Code, the Secretary of Defense shall sub-
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1 mit to Congress a report on the expected demand for child

2 care by military and civilian personnel of the Department

3 of Defense during fiscal years 1997 through 2001.

4 (2) The report shall include—

5 (A) a plan for meeting the expected child care

6 demand identified in the report; and

7 (B) an estimate of the cost of implementing that

8 plan.

9 (3) The report shall also include a description of meth10 ods for monitoring family home day care programs of the

11 military departments.

12 (c) PLAN FOR IMPLEMENTATION OF ACCREDITATION

13 REQUIREMENT.—The Secretary of Defense shall submit to

14 the Committee on Armed Services of the Senate and the

15 Committee on National Security of the House of Represent16 atives a plan for carrying out the requirements of section

17 1787 of title 10, United States Code, as added by subsection

18 (a). The plan shall be submitted not later than April 1,

19 1997.

20 (d) CONTINUATION OF DELEGATION OF AUTHORITY

21 WITH RESPECT TO HIRING PREFERENCE FOR QUALIFIED

22 MILITARY SPOUSES.—The provisions of Executive Order

23 No. 12568, issued October 2, 1986 (10 U.S.C. 113 note),

24 shall apply as if the reference in that Executive order to

25 section 806(a)(2) of the Department of Defense Authoriza-
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1 tion Act of 1986 refers to section 1784 of title 10, United

2 States Code, as added by subsection (a).

3 (e) CONFORMING AMENDMENT.—Effective October 1,

4 1995, section 1782(c) of title 10, United States Code, as

5 added by subsection (a), is amended by striking out ‘‘section

6 3502(4)(A) of title 44’’ and inserting in lieu thereof ‘‘section

7 3502(3)(A)(i) of title 44’’.

8 (f) REPEALER.—The following provisions of law are

9 repealed:

10 (1) The Military Family Act of 1985 (title VIII

11 of Public Law 99–145; 10 U.S.C. 113 note).

12 (2) The Military Child Care Act of 1989 (title

13 XV of Public Law 101–189; 10 U.S.C. 113 note).

14 SEC. 561. DISCHARGE OF MEMBERS OF THE ARMED FORCES

15 WHO HAVE THE HIV–1 VIRUS.

16 (a) IN GENERAL.—(1) Section 1177 of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘§ 1177. Members infected with HIV–1 virus: manda19 tory discharge or retirement

20 ‘‘(a) MANDATORY SEPARATION.—A member of the

21 armed forces who is HIV-positive shall be separated. Such

22 separation shall be made on a date determined by the Sec23 retary concerned, which shall be as soon as practicable after

24 the date on which the determination is made that the mem-
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1 ber is HIV-positive and not later than the last day of the

2 sixth month beginning after such date.

3 ‘‘(b) FORM OF SEPARATION.—If a member to be sepa4 rated under this section is eligible to retire under any provi5 sion of law or to be transferred to the Fleet Reserve or Fleet

6 Marine Corps Reserve, the member shall be so retired or

7 so transferred. Otherwise, the member shall be discharged.

8 The characterization of the service of the member shall be

9 determined without regard to the determination that the

10 member is HIV-positive.

11 ‘‘(c) DEFERRAL OF SEPARATION FOR MEMBERS IN 18-

12 YEAR RETIREMENT SANCTUARY.—In the case of a member

13 to be discharged under this section who on the date on which

14 the member is to be discharged is within two years of quali15 fying for retirement under any provision of law, or of quali16 fying for transfer to the Fleet Reserve or Fleet Marine Corps

17 Reserve under section 6330 of this title, the member may,

18 as determined by the Secretary concerned, be retained on

19 active duty until the member is qualified for retirement or

20 transfer to the Fleet Reserve or Fleet Marine Corps Reserve,

21 as the case may be, and then be so retired or transferred,

22 unless the member is sooner retired or discharged under any

23 other provision of law.

24 ‘‘(d) SEPARATION TO BE CONSIDERED INVOLUN25 TARY.—A separation under this section shall be considered
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1 to be an involuntary separation for purposes of any other

2 provision of law.

3 ‘‘(e) COUNSELING ABOUT AVAILABLE MEDICAL

4 CARE.—A member to be separated under this section shall

5 be provided information, in writing, before such separation

6 of the available medical care (through the Department of

7 Veterans Affairs and otherwise) to treat the member’s condi8 tion. Such information shall include identification of spe9 cific medical locations near the member’s home of record

10 or point of discharge at which the member may seek nec11 essary medical care.

12 ‘‘(f) HIV-POSITIVE MEMBERS.—A member shall be

13 considered to be HIV-positive for purposes of this section

14 if there is serologic evidence that the member is infected

15 with the virus known as Human Immunodeficiency Virus–

16 1 (HIV–1), the virus most commonly associated with the

17 acquired immune deficiency syndrome (AIDS) in the Unit18 ed States. Such serologic evidence shall be considered to

19 exist if there is a reactive result given by an enzyme-linked

20 immunosorbent assay (ELISA) serologic test that is con21 firmed by a reactive and diagnostic immunoelectrophoresis

22 test (Western blot) on two separate samples. Any such sero23 logic test must be one that is approved by the Food and

24 Drug Administration.’’.
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1 (2) The item relating to such section in the table of

2 sections at the beginning of chapter 59 of such title is

3 amended to read as follows:

‘‘1177. Members infected with HIV–1 virus: mandatory discharge or retirement.’’.

4 (b) EFFECTIVE DATE.—Section 1177 of title 10, Unit5 ed States Code, as amended by subsection (a), applies with

6 respect to members of the Armed Forces determined to be

7 HIV-positive before, on, or after the date of the enactment

8 of this Act. In the case of a member of the Armed Forces

9 determined to be HIV-positive before such date, the deadline

10 for separation of the member under subsection (a) of such

11 section, as so amended, shall be determined from the date

12 of the enactment of this Act (rather than from the date of

13 such determination).

14 SEC. 562. AUTHORITY TO APPOINT BRIGADIER GENERAL

15 CHARLES E. YEAGER, UNITED STATES AIR

16 FORCES (RETIRED) TO THE GRADE OF MAJOR

17 GENERAL ON THE RETIRED LIST.

18 The President is authorized to appoint, by and with

19 the advice and consent of the Senate, Brigadier General

20 Charles E. Yeager, United States Air Force (retired), to the

21 grade of major general on the retired list of the Air Force.

22 Any such appointment shall not affect the retired pay or

23 other benefits of Charles E. Yeager or any benefits to which

24 any other person is or may become entitled based upon his

25 service.
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1 SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS

2 OF MISSING PERSONS.

3 (a) PURPOSE.—The purpose of this section is to ensure

4 that any member of the Armed Forces and any civilian em5 ployee of the Department of Defense or contractor of the

6 Department of Defense who serves with or accompanies the

7 Armed Forces in the field under orders is accounted for by

8 the United States (by the return of such person alive, by

9 the return of the remains of such person, or by the decision

10 that credible evidence exists to support another determina11 tion of the status of such person) and, as a general rule,

12 is not declared dead solely because of the passage of time.

13 (b) IN GENERAL.—(1) Part II of subtitle A of title 10,

14 United States Code, is amended by inserting after chapter

15 75 the following new chapter:

16 ‘‘CHAPTER 76—MISSING PERSONS

‘‘Sec.

‘‘1501. System for accounting for missing persons.

‘‘1502. Missing persons: initial report.

‘‘1503. Initial inquiry.

‘‘1504. Subsequent inquiry.

‘‘1505. Further review.

‘‘1506. Personnel files.

‘‘1507. Recommendation of status of death.

‘‘1508. Persons previously declared dead.

‘‘1509. Return alive of person declared missing or dead.

‘‘1510. Effect on State law.

‘‘1511. Definitions.

17 ‘‘§ 1501. System for accounting for missing persons

18 ‘‘(a) OFFICE FOR MISSING PERSONS.—The Secretary

19 of Defense shall establish within the Office of the Secretary

20 of Defense an office to be responsible for the policy, control,
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1 and oversight of the entire process for investigation and re2 covery related to persons covered by subsection (c). In carry3 ing out the responsibilities of that office, the head of the

4 office shall coordinate the efforts of the office with those of

5 other departments and agencies of the Government and

6 other elements of the Department of Defense for such pur7 poses and shall be responsible for the coordination for such

8 purposes within the Department of Defense among the mili9 tary departments, the Joint Staff, and the commanders of

10 the combatant commands.

11 ‘‘(b) UNIFORM DOD PROCEDURES.—(1) The Sec12 retary of Defense shall prescribe procedures, to apply uni13 formly through the Department of Defense, for—

14 ‘‘(A) the determination of the status of persons

15 described in subsection (c); and

16 ‘‘(B) for the systematic, comprehensive, and

17 timely collection, analysis, review, dissemination, and

18 periodic update of information related to such per19 sons.

20 ‘‘(2) Such procedures shall be prescribed in a single

21 directive applicable to all elements of the Department of De22 fense.

23 ‘‘(c) COVERED PERSONS.—This chapter applies to the

24 following persons:
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1 ‘‘(1) Any member of the Army, Navy, Air Force,

2 or Marine Corps on active duty who, during a period

3 of war or national emergency or any other period of

4 hostilities specified by the Secretary of Defense for the

5 purposes of this section, disappears in the theater of

6 such hostilities (except under circumstances suggesting

7 that the disappearance is voluntary).

8 ‘‘(2) Any civilian employee of the Department of

9 Defense (including an employee of a contractor of the

10 Department of Defense) who, during a period de11 scribed in paragraph (1), disappears in the theater of

12 such hostilities (except under circumstances suggesting

13 that the disappearance is voluntary) while serving

14 with or accompanying the Army, Navy, Air Force, or

15 Marine Corps in the field during such period.

16 ‘‘(d) PRIMARY NEXT OF KIN.—The individual who is

17 primary next of kin of any person described in subsection

18 (c) may for purposes of this chapter designate another indi19 vidual to act on behalf of that individual as primary next

20 of kin. The Secretary of Defense shall treat an individual

21 so designated as if the individual designated were the pri22 mary next of kin for purposes of this chapter. A designation

23 under this subsection may be revoked at any time by the

24 person who made the designation.
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1 ‘‘§ 1502. Missing persons: initial report

2 ‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA3 TION BY COMMANDER.—After receiving information that

4 the whereabouts or status of a person covered by this chapter

5 is uncertain and that the absence of the person may be in6 voluntary, the commander of the unit, facility, or area to

7 or in which the person is assigned shall make a preliminary

8 assessment of the circumstances. If, as a result of that as9 sessment, the commander concludes that the person is miss10 ing, the commander shall—

11 ‘‘(1) recommend that the person be placed in a

12 missing status; and

13 ‘‘(2) submit that recommendation to the com14 mander of the unified command for that area in ac15 cordance with procedures prescribed under section

16 1501(b) of this title.

17 ‘‘(b) FORWARDING OF RECORDS.—The commander

18 making the initial assessment shall (in accordance with

19 procedures prescribed under section 1501(b) of this title)

20 safeguard and forward for official use any information re21 lating to the whereabouts or status of the person that result

22 from the preliminary assessment or from actions taken to

23 locate the person.

24 ‘‘§ 1503. Initial inquiry

25 ‘‘(a) APPOINTMENT OF BOARD.—Not later than ten

26 days after receiving notification under section 1502(a)(2)
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1 of this title that a person has been recommended for place2 ment in a missing status, the commander of the unified

3 command having responsibility for the area in which the

4 disappearance occurred shall appoint a board to conduct

5 an inquiry into the whereabouts and status of the person.

6 ‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISSING

7 PERSON.—If it appears to the commander who appoints

8 a board under this section that the absence or missing status

9 of two or more persons is factually related, the commander

10 may appoint a single board under this section to conduct

11 the inquiry into the whereabouts or status of all such per12 sons.

13 ‘‘(c) COMPOSITION.—(1) A board appointed under this

14 section shall consist of at least one individual described in

15 paragraph (2) who has experience with and understanding

16 of military operations or activities similar to the operation

17 or activity in which the person disappeared.

18 ‘‘(2) An individual referred to in paragraph (1) is the

19 following:

20 ‘‘(A) A military officer, in the case of an inquiry

21 with respect to a member of the armed forces.

22 ‘‘(B) A civilian, in the case of an inquiry with

23 respect to a civilian employee of the United States or

24 of a contractor of the Department of Defense.
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1 ‘‘(3) 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 member access to all in4 formation relating to the whereabouts and status of the

5 missing persons covered by the inquiry.

6 ‘‘(d) DUTIES OF BOARD.—A board appointed to con7 duct an inquiry into the whereabouts or status of a missing

8 person under this section shall—

9 ‘‘(1) collect, develop, and investigate all facts and

10 evidence relating to the disappearance, whereabouts,

11 or status of that person;

12 ‘‘(2) collect appropriate documentation of the

13 facts and evidence covered by the investigation;

14 ‘‘(3) analyze the facts and evidence, make find15 ings based on that analysis, and draw conclusions as

16 to the current whereabouts and status of the person;

17 and

18 ‘‘(4) with respect to each person covered by the

19 inquiry, recommend to the commander who appointed

20 the board that—

21 ‘‘(A) the person be placed in a missing sta22 tus; or

23 ‘‘(B) the person be declared to have deserted,

24 to be absent without leave, or to be dead.
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1 ‘‘(e) INQUIRY PROCEEDINGS.—During the proceedings

2 of an inquiry under this section, a board shall—

3 ‘‘(1) collect, record, and safeguard all facts, docu4 ments, statements, photographs, tapes, messages,

5 maps, sketches, reports, and other information (wheth6 er classified or unclassified) relating to the where7 abouts or status of each person covered by the in8 quiry;

9 ‘‘(2) gather information relating to actions taken

10 to find the person, including any evidence of the

11 whereabouts or status of the person arising from such

12 actions; and

13 ‘‘(3) maintain a record of its proceedings.

14 ‘‘(f) COUNSEL FOR MISSING PERSON.—(1) The com15 mander appointing a board to conduct an inquiry under

16 this section shall appoint counsel to represent each person

17 covered by the inquiry, or, in the case described by 1503(c)

18 of this title, one counsel to represent all persons covered by

19 the inquiry. Counsel appointed under this paragraph may

20 be referred to as ‘missing person’s counsel’.

21 ‘‘(2) To be appointed as a missing person’s counsel,

22 a person must—

23 ‘‘(A) have the qualifications specified in section

24 827(b) of this title (article 27(b) of the Uniform Code
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1 of Military Justice) for trial counsel or defense coun2 sel detailed for a general court-martial; and

3 ‘‘(B) have a security clearance that affords the

4 counsel access to all information relating to the

5 whereabouts or status of the person or persons covered

6 by the inquiry.

7 ‘‘(3) A missing person’s counsel—

8 ‘‘(A) shall have access to all facts and evidence

9 considered by the board during the proceedings under

10 the inquiry for which the counsel is appointed;

11 ‘‘(B) shall observe all official activities of the

12 board during such proceedings;

13 ‘‘(C) may question witnesses before the board;

14 and

15 ‘‘(D) shall monitor the deliberations of the board;

16 and

17 ‘‘(4) A missing person’s counsel shall review the report

18 of the board under subsection (i) and submit to the com19 mander who appointed the board an independent review of

20 that report. That review shall be made an official part of

21 the record of the board.

22 ‘‘(g) ACCESS TO PROCEEDINGS.—The proceedings of a

23 board during an inquiry under this section shall be closed

24 to the public (including, with respect to any missing person

25 covered by the inquiry, the primary next of kin, other mem-
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1 bers of the immediate family, and any other previously des2 ignated person designated under section 655 of this title).

3 ‘‘(h) 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 commander who appointed the board as to the appro7 priate determination of the current whereabouts or status

8 of each person whose whereabouts were covered by the in9 quiry.

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 evidence establishing that death is the only

16 credible explanation for the absence of the person.

17 ‘‘(i) REPORT.—(1) A board appointed under this sec18 tion shall submit to the commander who appointed it a re19 port 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 (h) 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 report submitted under this subsection may not

6 be made public until one year after the date on which the

7 report is submitted.

8 ‘‘(j) ACTIONS BY REGIONAL COMMANDER.—(1) Not

9 later than 15 days after the date of the receipt of a report

10 under subsection (i), the commander who appointed the

11 board shall review—

12 ‘‘(A) the report; and

13 ‘‘(B) the review of that report submitted under

14 subsection (f)(4) by the missing person’s counsel.

15 ‘‘(2) In reviewing a report under paragraph (1), the

16 commander receiving the report shall determine whether or

17 not the report is complete and free of administrative error.

18 If the commander determines that the report is incomplete,

19 or that the report is not free of administrative error, the

20 commander may return the report to the board for further

21 action on the report by the board.

22 ‘‘(3) Upon a determination by the commander con23 cerned that a report reviewed under this subsection is com24 plete and free of administrative error, the commander shall
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1 make a recommendation concerning the status of each per2 son covered by the report.

3 ‘‘(4) The report, together with the recommendations

4 under paragraph (3), shall be forwarded to the Secretary

5 of Defense in accordance with procedures prescribed under

6 section 1501(b) of this title.

7 ‘‘(k) DETERMINATION BY SECRETARY.—The Secretary

8 of Defense (or the Secretary of the military department con9 cerned acting under delegation of authority from the Sec10 retary of Defense) shall review the recommendations of a

11 report forwarded under subsection (j)(4). After conducting

12 such review, the Secretary shall make a determination, with

13 respect to each person whose status is covered by the report,

14 whether such person shall (1) continue to have a missing

15 status, (2) be declared to have deserted, (3) be declared to

16 be absent without leave, or (4) be declared to be dead. In

17 making such determination, the Secretary may convene a

18 board in accordance with section 1504 of this title.

19 ‘‘(l) REPORT TO FAMILY MEMBERS AND OTHER IN20 TERESTED PERSONS.—Not later than 30 days after the date

21 on which the Secretary makes a determination under sub22 section (k), the Secretary of Defense, acting through the

23 head of the office established under section 1501(a) of this

24 title, shall—
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1 ‘‘(1) provide an unclassified summary of the re2 port of the board (including the name of the missing

3 person’s counsel for the inquiry, the names of the

4 members of the board, and the name of the com5 mander who convened the board) to the primary next

6 of kin, to the other members of the immediate family,

7 and to any other previously designated person of the

8 missing person; and

9 ‘‘(2) inform each individual referred to in para10 graph (1) that the United States will conduct a subse11 quent inquiry into the whereabouts or status of the

12 person not earlier than one year after the date of the

13 first official notice of the disappearance of the person,

14 unless information becomes available sooner that

15 would result in a substantial change in the official

16 status of the person.

17 ‘‘§ 1504. Subsequent inquiry

18 ‘‘(a) ADDITIONAL BOARD.—If information on the

19 whereabouts or status of a person covered by an inquiry

20 under section 1503 of this title becomes available within

21 one year after the date of the submission of the report sub22 mitted under section 1502 of this title, the Secretary of De23 fense, acting through the head of the office established under

24 section 1501(a) of this title, shall appoint a board under

25 this section to conduct an inquiry into the information.
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1 ‘‘(b) AUTHORITY FOR INQUIRY.—The Secretary of De2 fense may delegate authority over such subsequent inquiry

3 to the Secretary concerned.

4 ‘‘(c) SECRETARY CONCERNED.—In this section, the

5 term ‘Secretary concerned’ includes, in the case of a civilian

6 employee of the Department of Defense or contractor of the

7 Department of Defense, the Secretary of the military de8 partment or head of the agency employing the employee or

9 contracting with the contractor, as the case may be.

10 ‘‘(d) DATE OF APPOINTMENT.—The Secretary shall

11 appoint a board under this section to conduct an inquiry

12 into the whereabouts and status of a missing person on or

13 about one year after the date of the report concerning that

14 person submitted under section 1502 of this title.

15 ‘‘(e) COMBINED INQUIRIES.—If it appears to the Sec16 retary that the absence or status of two or more persons

17 is factually related, the Secretary may appoint one board

18 under this section to conduct the inquiry into the where19 abouts or status of all such persons.

20 ‘‘(f) COMPOSITION.—(1) Subject to paragraphs (2) and

21 (3), a board appointed under this section shall consist of

22 the following:

23 ‘‘(A) In the case of a board appointed to inquire

24 into the whereabouts or status of a member of the
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1 armed forces, not less than three officers having the

2 grade of major or lieutenant commander or above.

3 ‘‘(B) In the case of a board appointed to inquire

4 into the whereabouts or status of a civilian employee

5 of the Department of Defense or contractor of the De6 partment of Defense—

7 ‘‘(i) not less than three employees of the De8 partment of Defense whose rate of annual pay is

9 equal to or greater than the rate of annual pay

10 payable for grade GS–13 of the General Schedule

11 under section 5332 of title 5; and

12 ‘‘(ii) such members of the armed forces as

13 the Secretary of Defense considers advisable.

14 ‘‘(2) The Secretary shall designate one member of a

15 board appointed under this section as president of the

16 board. The president of the board shall have a security

17 clearance that affords the president access to all information

18 relating to the whereabouts and status of each person cov19 ered by the inquiry.

20 ‘‘(3)(A) One member of each board appointed under

21 this subsection shall be an attorney or judge advocate who

22 has expertise in the public law relating to missing persons,

23 the determination of death of such persons, and the rights

24 of family members and dependents of such persons.
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1 ‘‘(B) One member of each board appointed under this

2 subsection shall be an individual who—

3 ‘‘(i) has an occupational specialty similar to

4 that of one or more of the persons covered by the in5 quiry; and

6 ‘‘(ii) has an understanding of and expertise in

7 the official activities of one or more such persons at

8 the time such person or persons disappeared.

9 ‘‘(g) DUTIES OF BOARD.—A board appointed under

10 this section to conduct an inquiry into the whereabouts or

11 status of a person shall—

12 ‘‘(1) review the report under subsection (i) of sec13 tion 1503 of this title of the board appointed to con14 duct the inquiry into the status or whereabouts of the

15 person under section 1503 of this title and the rec16 ommendation under subsection (j)(3) of that section of

17 the commander who appointed the board under that

18 subsection as to the status of the person;

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 completion of the inquiry under section 1503 of this

23 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 of Defense 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 ‘‘(h) COUNSEL FOR MISSING PERSONS.—(1) When the

10 Secretary appoints a board to conduct an inquiry under

11 this section, the Secretary shall appoint counsel to represent

12 each person covered by the inquiry.

13 ‘‘(2) A person appointed as counsel under this sub14 section shall meet the qualifications and have the duties set

15 forth in section 1503(f) of this title for a missing person’s

16 counsel appointed under that section.

17 ‘‘(3) The review of the report of a board on an inquiry

18 that is submitted by such counsel shall be made an official

19 part of the record of the board with respect to the inquiry.

20 ‘‘(i) ATTENDANCE OF FAMILY MEMBERS AND CERTAIN

21 OTHER INTERESTED PERSONS AT PROCEEDINGS.—(1)

22 With respect to any person covered by an inquiry under

23 this section, the primary next of kin, other members of the

24 immediate family, and any other previously designated per25 sons of the missing person may attend the proceedings of
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1 the board during the inquiry in accordance with this sec2 tion.

3 ‘‘(2) The Secretary shall notify each individual re4 ferred to in paragraph (1) of the opportunity to attend the

5 proceedings of a board. Such notice shall be provided not

6 less than 60 days before the first meeting of the board.

7 ‘‘(3) An individual who receives a notice under para8 graph (2) shall notify the Secretary of the intent, if any,

9 of that individual to attend the proceedings of the board

10 not less than 21 days after the date on which the individual

11 receives the notice.

12 ‘‘(4) Each individual who notifies the Secretary under

13 paragraph (3) of the individual’s intent to attend the pro14 ceedings of the board—

15 ‘‘(A) in the case of an individual who is the pri16 mary next of kin or another member of the immediate

17 family of a missing person whose status is a subject

18 of the inquiry and whose receipt of the pay or allow19 ances (including allotments) of the missing person

20 could be reduced or terminated as a result of a revi21 sion in the status of the missing person, may attend

22 the proceedings of the board with private counsel;

23 ‘‘(B) shall have access to the personnel file of the

24 missing person, to unclassified reports (if any) of the

25 board appointed under section 1503 of this title to
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1 conduct the inquiry into the whereabouts and status

2 of the person, and to any other unclassified informa3 tion or documents relating to the whereabouts and

4 status of the person;

5 ‘‘(C) shall be afforded the opportunity to present

6 information at the proceedings of the board that such

7 individual considers to be relevant to those proceed8 ings; and

9 ‘‘(D) subject to paragraph (5), shall be given the

10 opportunity to submit in writing objection to any

11 recommendation of the board under subsection (k) as

12 to the status of the missing person.

13 ‘‘(5) Objections under paragraph (4)(D) to any rec14 ommendation of the board shall be submitted to the presi15 dent of the board not later than 24 hours after the date

16 on which the recommendations are made. The president

17 shall include any such objections in the report of the board

18 under subsection (k).

19 ‘‘(6) An individual referred to in paragraph (1) who

20 attends the proceedings of a board under this subsection

21 shall not be entitled to reimbursement by the United States

22 for any costs (including travel, lodging, meals, local trans23 portation, legal fees, transcription costs, witness expenses,

24 and other expenses) incurred by that individual in attend25 ing such proceedings.
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1 ‘‘(j) AVAILABILITY OF INFORMATION TO BOARDS.—(1)

2 In conducting proceedings in an inquiry under this section,

3 a board may secure directly from any department or agency

4 of the United States any information that the board consid5 ers necessary in order to conduct the proceedings.

6 ‘‘(2) Upon written request from the president of a

7 board, the head of a department or agency of the United

8 States shall release information covered by the request to

9 the board. In releasing such information, the head of the

10 department or agency shall—

11 ‘‘(A) declassify to an appropriate degree classi12 fied information; or

13 ‘‘(B) release the information in a manner not re14 quiring the removal of markings indicating the classi15 fied nature of the information.

16 ‘‘(3)(A) If a request for information under paragraph

17 (2) covers classified information that cannot be declassified,

18 cannot be removed before release from the information cov19 ered by the request, or cannot be summarized in a manner

20 that prevents the release of classified information, the classi21 fied information shall be made available only to president

22 of the board making the request and the counsel for the miss23 ing person appointed under subsection (f).

24 ‘‘(B) The president of a board shall close to persons

25 who do not have appropriate security clearances the pro-
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1 ceeding of the board at which classified information is dis2 cussed. Participants at a proceeding of a board at which

3 classified information is discussed shall comply with all ap4 plicable laws and regulations relating to the disclosure of

5 classified information. The Secretary concerned shall assist

6 the president of a board in ensuring that classified informa7 tion is not compromised through board proceedings.

8 ‘‘(k) RECOMMENDATION ON STATUS.—(1) Upon com9 pletion of an inquiry under this subsection, a board shall

10 make a recommendation as to the current whereabouts or

11 status of each missing person covered by the inquiry.

12 ‘‘(2) A board may not recommend under paragraph

13 (1) that a person be declared dead unless—

14 ‘‘(A) proof of death is established by the board;

15 and

16 ‘‘(B) in making the recommendation, the board

17 complies with section 1507 of this title.

18 ‘‘(l) REPORT.—A board appointed under this section

19 shall submit to the Secretary of Defense a report on the in20 quiry carried out by the board, together with the evidence

21 considered by the board during the inquiry. The report may

22 include a classified annex.

23 ‘‘(m) ACTIONS BY SECRETARY.—(1) Not later than 30

24 days after the receipt of a report from a board under sub25 section (k), the Secretary shall review—
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1 ‘‘(A) the report;

2 ‘‘(B) the review of the report submitted to the

3 Secretary under subsection (f)(3) by the counsel for

4 each person covered by the report; and

5 ‘‘(C) the objections, if any, to the report submit6 ted to the president of the board under subsection

7 (g)(6).

8 ‘‘(2) In reviewing a report under paragraph (1) (in9 cluding the review and objections described in subpara10 graphs (A) and (B) of that paragraph), the Secretary shall

11 determine whether or not the report is complete and free

12 of administrative error. If the Secretary determines that the

13 report is incomplete, or that the report is not free of admin14 istrative error, the Secretary may return the report to the

15 board for further action on the report by the board.

16 ‘‘(3) Upon a determination by the Secretary that a

17 report reviewed under this subsection is complete and free

18 of administrative error, the Secretary shall make a deter19 mination concerning the status of each person covered by

20 the report.

21 ‘‘(n) REPORT TO FAMILY MEMBERS AND OTHER IN22 TERESTED PERSONS.—Not later than 90 days after the date

23 on which a board submits a report on a person under sub24 section (l), the Secretary of Defense shall—
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1 ‘‘(1) with respect to each missing person whose

2 status or whereabouts are covered by the report, pro3 vide an unclassified summary of the report to the pri4 mary next of kin, the other members of the immediate

5 family, and any other previously designated person;

6 and

7 ‘‘(2) in the case of a person who continues to be

8 in a missing status, inform each individual referred

9 to in paragraph (1) that the United States will con10 duct a further investigation into the whereabouts or

11 status of the person not later than three years after

12 the date of the official notice of the disappearance of

13 the person, unless information becomes available

14 within that time that would result in a substantial

15 change in the official status of the person.

16 ‘‘§ 1505. Further review

17 ‘‘(a) SUBSEQUENT REVIEW.—(1) The Secretary shall

18 conduct subsequent inquiries into the whereabouts or status

19 of any person determined by the Secretary under section

20 1504 of this title to be in a missing status.

21 ‘‘(2) Subject to paragraph (4), the Secretary shall ap22 point a board to conduct an inquiry with respect to a per23 son under this subsection—

24 ‘‘(A) on or about three years after the date of the

25 official notice of the disappearance of the person; and
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1 ‘‘(B) not later than every three years thereafter.

2 ‘‘(3) In addition to appointment of boards under para3 graph (2), the Secretary shall appoint a board to conduct

4 an inquiry with respect to a person under this subsection

5 upon receipt of information that could result in a change

6 or revision of status of a missing person. Whenever the Sec7 retary appoints a board under this paragraph, the time for

8 subsequent appointments of a board under paragraph

9 (2)(B) shall be determined from the date of the receipt of

10 such information.

11 ‘‘(4) The Secretary is not required to appoint a board

12 under paragraph (2) with respect to the disappearance of

13 any person—

14 ‘‘(A) more than 20 years after the initial report

15 under section 1502 of this title of the disappearance

16 of that person; or

17 ‘‘(B) if, before the end of such 20-year period, the

18 missing person is accounted for.

19 ‘‘(b) CONDUCT OF PROCEEDINGS.—The appointment

20 of, and activities before, a board appointed under this sec21 tion shall be governed by the provisions of section 1504 of

22 this title with respect to a board appointed under that sec23 tion.
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1 ‘‘§ 1506. Personnel files

2 ‘‘(a) INFORMATION IN FILES.—Except as provided in

3 subsection (b), the Secretary of the department having juris4 diction over a missing person at the time of the person’s

5 disappearance shall, to the maximum extent practicable,

6 ensure that the personnel file of the person contains all in7 formation in the possession of the United States relating

8 to the disappearance and whereabouts or status of the per9 son.

10 ‘‘(b) CLASSIFIED INFORMATION.—(1) The Secretary

11 concerned may withhold classified information from a per12 sonnel file under this section.

13 ‘‘(2) If the Secretary concerned withholds classified in14 formation from the personnel file of a person, the Secretary

15 shall ensure that the file contains the following:

16 ‘‘(A) A notice that the withheld information ex17 ists.

18 ‘‘(B) A notice of the date of the most recent re19 view of the classification of the withheld information.

20 ‘‘(c) WRONGFUL WITHHOLDING.—Any person who

21 knowingly and willfully withholds from the personnel file

22 of a missing person any information (other than classified

23 information) relating to the disappearance or whereabouts

24 or status of a missing person shall be fined as provided in

25 title 18 or imprisoned not more than one year, or both.
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1 ‘‘(d) AVAILABILITY OF INFORMATION.—The Secretary

2 concerned shall, upon request, make available the contents

3 of the personnel file of a missing person to the missing per4 son’s primary next of kin, the other members of the missing

5 person’s immediate family, or any other previously des6 ignated person of the missing person.

7 ‘‘§ 1507. Recommendation of status of death

8 ‘‘(a) REQUIREMENTS RELATING TO RECOMMENDA9 TION.—A board appointed under section 1504 or 1505 of

10 this title may not recommend that a person be declared

11 dead unless—

12 ‘‘(1) credible evidence exists to suggest that the

13 person is dead;

14 ‘‘(2) the United States possesses no credible evi15 dence that suggests that the person is alive;

16 ‘‘(3) representatives of the United States have

17 made a complete search of the area where the person

18 was last seen (unless, after making a good faith effort

19 to obtain access to such area, such representatives are

20 not granted such access); and

21 ‘‘(4) representatives of the United States have ex22 amined the records of the government or entity having

23 control over the area where the person was last seen

24 (unless, after making a good faith effort to obtain ac-
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1 cess to such records, such representatives are not

2 granted such access).

3 ‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.—If a

4 board appointed under section 1504 or 1505 of this title

5 makes a recommendation that a missing person be declared

6 dead, the board shall include in the report of the board with

7 respect to the person under such section the following:

8 ‘‘(1) A detailed description of the location where

9 the death occurred.

10 ‘‘(2) A statement of the date on which the death

11 occurred.

12 ‘‘(3) A description of the location of the body, if

13 recovered.

14 ‘‘(4) If the body has been recovered and is not

15 identifiable through visual means, a certification by

16 a practitioner of an appropriate forensic science that

17 the body recovered is that of the missing person.

18 ‘‘§ 1508. Persons previously declared dead

19 ‘‘(a) REVIEW OF STATUS.—(1) Not later than three

20 years after the date of the enactment of this chapter, a per21 son referred to in paragraph (2) may submit to the Sec22 retary of Defense a request for appointment by the Sec23 retary of a board to review the status of a person previously

24 declared dead, in a case in which the death is declared to

25 have occurred on or after January 1, 1950.
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1 ‘‘(2) A board shall be appointed under this section with

2 respect to the death of any person based on the request of

3 any of the following persons:

4 ‘‘(A) An adult member of the immediate family

5 of the person previously declared dead.

6 ‘‘(B) An adult dependent of such person.

7 ‘‘(C) The primary next of kin of such person.

8 ‘‘(D) A person previously designated by such

9 person.

10 ‘‘(3) A request under this paragraph shall be submitted

11 to the Secretary of the department of the United States that

12 had jurisdiction over the person covered by the request at

13 the time of the person’s disappearance.

14 ‘‘(b) APPOINTMENT OF BOARD.—Upon request of a

15 person under subsection (a), the Secretary of Defense shall

16 appoint a board to review the status of the person covered

17 by the request.

18 ‘‘(c) DUTIES OF BOARD.—A board appointed under

19 this section to review the status of a person shall—

20 ‘‘(1) conduct an investigation to determine the

21 status of the person; and

22 ‘‘(2) issue a report describing the findings of the

23 board under the investigation and the recommenda24 tions of the board as to the status of the person.
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1 ‘‘(d) EFFECT OF CHANGE IN STATUS.—If a board ap2 pointed under this section recommends placing in a missing

3 status a person previously declared dead, such person shall

4 accrue no pay or allowances as a result of the placement

5 of the person in such status.

6 ‘‘§ 1509. Return alive of person declared missing or

7 dead

8 ‘‘(a) PAY AND ALLOWANCES.—Any person in a miss9 ing status or declared dead under the Missing Persons Act

10 of 1942 (56 Stat. 143) or by a board appointed under this

11 chapter who is found alive and returned to the control of

12 the United States shall be paid for the full time of the ab13 sence of the person while given that status or declared dead

14 under the law and regulations relating to the pay and al15 lowances of persons returning from a missing status.

16 ‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF

17 STATUS.—Subsection (a) shall not be interpreted to invali18 date or otherwise affect the receipt by any person of a death

19 gratuity or other payment from the United States on behalf

20 of a person referred to in subsection (a) before the date of

21 the enactment of this chapter.

22 ‘‘§ 1510. Effect on State law

23 ‘‘Nothing in this chapter shall be construed to invali24 date or limit the power of any State court or administrative

25 entity, or the power of any court or administrative entity
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1 of any political subdivision thereof, to find or declare a per2 son dead for purposes of such State or political subdivision.

3 ‘‘§ 1511. Definitions

4 ‘‘In this chapter:

5 ‘‘(1) The term ‘missing person’ means—

6 ‘‘(A) a member of the armed forces on active

7 duty who is missing; or

8 ‘‘(B) a civilian employee of the Department

9 of Defense or of a contractor of the Department

10 of Defense who is serving with or accompanying

11 an armed force under orders and who is missing.

12 ‘‘(2) The term ‘missing status’ means the status

13 of a missing person who is determined to be absent

14 in a status of—

15 ‘‘(A) missing;

16 ‘‘(B) missing in action;

17 ‘‘(C) interned in a foreign country;

18 ‘‘(D) captured, beleaguered, or besieged by a

19 hostile force; or

20 ‘‘(E) detained in a foreign country against

21 that person’s will.

22 ‘‘(3) The term ‘accounted for’, with respect to a

23 person in a missing status, means that the person is

24 returned to United States control alive, that the re25 mains of the person are returned to the United States,
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1 or that credible evidence exists to support another de2 termination of the person’s status.

3 ‘‘(4) The term ‘primary next of kin’, in the case

4 of a missing person, means—

5 ‘‘(A) the principal individual who, but for

6 the status of the person, would receive financial

7 support from the person; or

8 ‘‘(B) in the case of a missing person for

9 whom there is no individual described in sub10 paragraph (A), the family member or other indi11 vidual designated by the missing person to re12 ceive a death gratuity.

13 ‘‘(5) The term ‘member of the immediate family’,

14 in the case of a missing person, means the spouse or

15 a child, parent, or sibling of the person.

16 ‘‘(6) The term ‘previously designated person’, in

17 the case of a missing person, means an individual

18 (other than an individual who is a member of the im19 mediate family of the missing person) designated by

20 the missing person under section 655 of this title for

21 purposes of this chapter.

22 ‘‘(7) The term ‘classified information’ means any

23 information the unauthorized disclosure of which (as

24 determined under applicable law and regulations)
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1 could reasonably be expected to damage the national

2 security.

3 ‘‘(8) The term ‘State’ includes the District of Co4 lumbia, the Commonwealth of Puerto Rico, and any

5 territory or possession of the United States.’’.

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)(A) Section 555 is repealed.

13 (B) The table of sections at the beginning of such

14 chapter is amended by striking out the item relating

15 to section 555.

16 (2) Section 552 is amended—

17 (A) in subsection (a), by striking out ‘‘for

18 all purposes,’’ in the second sentence of the flush

19 matter following paragraph (2) and all that fol20 lows through the end of the sentence and insert21 ing in lieu thereof ‘‘for all purposes.’’;

22 (B) in subsection (b), by striking out para23 graph (2) and inserting in lieu thereof the fol24 lowing:
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1 ‘‘(2) that his death is determined under chapter

2 76 title 10.’’; and

3 (C) in subsection (e), by striking out ‘‘sec4 tion 555 of this title’’ and inserting in lieu there5 of ‘‘chapter 76 of title 10’’.

6 (3) Section 553 is amended—

7 (A) in subsection (f), by inserting ‘‘under

8 chapter 76 of title 10’’ after ‘‘When the Secretary

9 concerned’’;

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

11 Secretary concerned receives evidence’’ and in12 serting in lieu thereof ‘‘a board convened under

13 chapter 76 of title 10 reports’’; and

14 (C) in subsection (g), by striking out ‘‘sec15 tion 555 of this title’’ and inserting ‘‘chapter 76

16 of title 10’’.

17 (4) Section 556 is amended—

18 (A) in subsection (a)—

19 (i) by striking paragraphs (1), (5), (6),

20 and (7) and redesignating paragraphs (2),

21 (3), and (4) as paragraphs (1), (2), and (3),

22 respectively;

23 (ii) by inserting ‘‘and’’ at the end of

24 paragraph (2), as so redesignated; and
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1 (iii) by striking out the semicolon at

2 the end of paragraph (3), as so redesig3 nated, and inserting in lieu thereof a pe4 riod;

5 (B) by striking out subsection (b) and redes6 ignating subsections (c), (d), (e), (f), (g), and (h)

7 as subsections (b), (c), (d), (e), (f), and (g), re8 spectively; and

9 (C) in subsection (g), as so redesignated—

10 (i) by striking out the second sentence;

11 and

12 (ii) by striking out ‘‘status’’ and in13 serting in lieu thereof ‘‘pay’’.

14 (5) Section 557(a)(1) is amended by striking out

15 ‘‘, 553, and 555’’ and inserting in lieu thereof ‘‘and

16 553’’.

17 (6) Section 559(b)(4)(B) is amended by striking

18 out ‘‘section 556(f)’’ and inserting in lieu thereof ‘‘sec19 tion 556(e)’’.

20 (d) DESIGNATION OF INDIVIDUALS HAVING INTEREST

21 IN STATUS OF SERVICE MEMBERS.—(1) Chapter 37 of title

22 10, United States Code, is amended by adding at the end

23 the following new section:
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1 ‘‘§ 655. Designation of persons having interest in sta2 tus of missing persons

3 ‘‘(a) The Secretary concerned shall, upon the enlist4 ment or appointment of a person in the Army, Navy, Air

5 Force, or Marine Corps, require that the person specify in

6 writing the person or persons, if any, to whom information

7 on the whereabouts or status of the member shall be provided

8 if such whereabouts or status are investigated under chapter

9 76 of this title. The Secretary shall periodically, and when10 ever the member is deployed as part of a contingency oper11 ation or in other circumstances specified by the Secretary,

12 require that such designation be reconfirmed, or modified,

13 by the member.

14 ‘‘(b) The Secretary concerned shall, upon the request

15 of a member, permit the member to revise the person or

16 persons specified by the member under subsection (a) at any

17 time. Any such revision shall be in writing.’’.

18 (2) The table of sections at the beginning of such chap19 ter is amended by adding at the end the following new item:

‘‘655. Designation of persons having interest in status of missing persons.’’.

20 SEC. 564. NOMINATIONS TO SERVICE ACADEMIES FROM

21 COMMONWEALTH OF THE NORTHERN MARI22 ANAS ISLANDS.

23 (a) MILITARY ACADEMY.—Section 4342(a) of title 10,

24 United States Code, is amended by inserting after para25 graph (9) the following new paragraph:
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1 ‘‘(10) One cadet from the Commonwealth of the

2 Northern Marianas Islands, nominated by the resi3 dent representative from the commonwealth.’’.

4 (b) NAVAL ACADEMY.—Section 6954(a) of title 10,

5 United States Code, is amended by inserting after para6 graph (9) the following new paragraph:

7 ‘‘(10) One from the Commonwealth of the North8 ern Marianas Islands, nominated by the resident rep9 resentative from the commonwealth.’’.

10 (c) AIR FORCE ACADEMY.—Section 9342(a) of title 10,

11 United States Code, is amended by inserting after para12 graph (9) the following new paragraph:

13 ‘‘(10) One cadet from the Commonwealth of the

14 Northern Marianas Islands, nominated by the resi15 dent representative from the commonwealth.’’.

16 SEC. 565. REPORT ON THE CONSISTENCY OF REPORTING

17 OF FINGERPRINT CARDS AND FINAL DISPOSI18 TION FORMS TO THE FEDERAL BUREAU OF

19 INVESTIGATION.

20 (a) REPORT.—The Secretary of Defense shall submit

21 to Congress a report on the consistency with which finger22 print cards and final disposition forms, as described in

23 Criminal Investigations Policy Memorandum 10 issued by

24 the Defense Inspector General on March 25, 1987, are re25 ported by the Defense Criminal Investigative Organizations
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1 to the Federal Bureau of Investigation for inclusion in the

2 Bureau’s criminal history identification files.

3 (b) MATTERS TO BE INCLUDED.—In the report, the

4 Secretary shall—

5 (1) survey fingerprint cards and final disposi6 tion forms filled out in the past 24 months by each

7 investigative organization;

8 (2) compare the fingerprint cards and final dis9 position forms filled out to all judicial and

10 nonjudicial procedures initiated as a result of actions

11 taken by each investigative service in the past 24

12 months;

13 (3) account for any discrepancies between the

14 forms filled out and the judicial and nonjudicial pro15 cedures initiated;

16 (4) compare the fingerprint cards and final dis17 position forms filled out with the information held by

18 the Federal Bureau of Investigation criminal history

19 identification files;

20 (5) identify any weaknesses in the collection of

21 fingerprint cards and final disposition forms and in

22 the reporting of that information to the Federal Bu23 reau of Investigation; and

24 (6) determine whether or not other law enforce25 ment activities of the military services collect and re-
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1 port such information or, if not, should collect and re2 port such information.

3 (c) SUBMISSION OF REPORT.—The report shall be sub4 mitted not later than 180 days after the date of the enact5 ment of this Act.

6 (d) DEFINITION.—For the purposes of this section, the

7 term ‘‘criminal history identification files’’, with respect to

8 the Federal Bureau of Investigation, means the criminal

9 history record system maintained by the Federal Bureau

10 of Investigation based on fingerprint identification and any

11 other method of positive identification.

12 TITLE VI—COMPENSATION AND

13 OTHER PERSONNEL BENEFITS

14 Subtitle A—Pay and Allowances

15 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.

16 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

17 adjustment required by section 1009 of title 37, United

18 States Code, in elements of compensation of members of the

19 uniformed services to become effective during fiscal year

20 1996 shall not be made.

21 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

22 January 1, 1996, the rates of basic pay and basic allowance

23 for subsistence of members of the uniformed services are in24 creased by 2.4 percent.
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1 (c) INCREASE IN BAQ.—Effective on January 1, 1996,

2 the rates of basic allowance for quarters of members of the

3 uniformed services are increased by 5.2 percent.

4 (d) UNIFORMED SERVICES DEFINED.—For purposes of

5 this section, the term ‘‘uniformed services’’ does not include

6 the National Oceanic and Atmospheric Administration.

7 SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSIST8 ENCE FOR MEMBERS WITHOUT DEPENDENTS

9 RESIDING IN GOVERNMENT QUARTERS.

10 (a) PERCENTAGE LIMITATION.—Subsection (b) of sec11 tion 402 of title 37, United States Code, is amended by add12 ing after the last sentence the following new paragraph:

13 ‘‘(4) In the case of members of the Army, Navy, Air

14 Force, or Marine Corps who, when present at their perma15 nent duty station, reside without dependents in Government

16 quarters, the Secretary concerned may not provide a basic

17 allowance for subsistence to more than 12 percent of such

18 members under the jurisdiction of the Secretary concerned.

19 The Secretary concerned may exceed such percentage during

20 a fiscal year if the Secretary determines that compliance

21 would increase costs to the Government, would impose fi22 nancial hardships on members otherwise entitled to a basic

23 allowance for subsistence, or would reduce the quality of life

24 for such members. This paragraph shall not apply to mem25 bers described in the first sentence when the members are
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1 not residing at their permanent duty station. The percent2 age limitation specified in this paragraph shall be achieved

3 as soon as possible after the date of the enactment of this

4 paragraph, but in no case later than September 30, 1996.’’.

5 (b) STYLISTIC AMENDMENTS.—Such subsection is fur6 ther amended—

7 (1) by redesignating paragraphs (1), (2), and (3)

8 as subparagraphs (A), (B), and (C);

9 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’;

10 (3) by designating the second sentence as para11 graph (2); and

12 (4) by designating the fifth sentence as para13 graph (3).

14 (c) CONFORMING AMENDMENTS.—(1) Subsection (e) of

15 such section is amended—

16 (A) in paragraph (1), by striking out ‘‘the third

17 sentence of subsection (b)’’ and inserting in lieu there18 of ‘‘subsection (b)(2)’’; and

19 (B) in paragraph (2), by striking out ‘‘sub20 section (b)’’ and inserting in lieu thereof ‘‘subsection

21 (b)(2)’’.

22 (2) Section 1012 of title 37, United States Code, is

23 amended by striking out ‘‘the last sentence of section

24 402(b)’’ and inserting in lieu thereof ‘‘section 402(b)(3)’’.
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1 (d) REPORT REQUIRED.—Not later than March 31,

2 1996, the Secretary of Defense shall submit to Congress a

3 report identifying, for the Army, Navy, Air Force, and the

4 Marine Corps—

5 (1) the number of members without dependents

6 who reside in Government quarters at their perma7 nent duty stations and receive a basic allowance for

8 subsistence under section 402 of title 37, United

9 States Code;

10 (2) such number as a percentage of the total

11 number of members without dependents who reside in

12 Government quarters;

13 (3) a recommended maximum percentage of

14 members without dependents who reside in Govern15 ment quarters at their permanent duty station and

16 should receive a basic allowance for subsistence; and

17 (4) the reasons such maximum percentage was

18 selected.

19 SEC. 603. AUTHORIZATION OF PAYMENT OF BASIC ALLOW20 ANCE FOR QUARTERS TO ADDITIONAL MEM21 BERS ASSIGNED TO SEA DUTY.

22 (a) EXPANSION OF ELIGIBLE MEMBERS.—Section

23 403(c)(2) of title 37, United States Code, is amended—

24 (1) in the first sentence, by striking out ‘‘E–7’’

25 and inserting in lieu thereof ‘‘E–6’’; and
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1 (2) in the second sentence, by striking out ‘‘E–

2 6’’ and inserting in lieu thereof ‘‘E–5’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on July 1, 1996.

5 SEC. 604. ESTABLISHMENT OF MINIMUM AMOUNTS OF VARI6 ABLE HOUSING ALLOWANCE FOR HIGH HOUS7 ING COST AREAS AND ADDITIONAL LIMITA8 TION ON REDUCTION OF ALLOWANCE FOR

9 CERTAIN MEMBERS.

10 (a) MINIMUM AMOUNTS OF VHA.—Subsection (c) of

11 section 403a of title 37, United States Code, is amended

12 by striking out paragraph (1) and inserting in lieu thereof

13 the following new paragraph:

14 ‘‘(1) The monthly amount of a variable housing allow15 ance under this section for a member of a uniformed service

16 with respect to an area is equal to the greater of the follow17 ing:

18 ‘‘(A) An amount equal to the difference be19 tween—

20 ‘‘(i) the median monthly cost of housing in

21 that area for members of the uniformed services

22 serving in the same pay grade and with the

23 same dependency status as that member; and

24 ‘‘(ii) 80 percent of the median monthly cost

25 of housing in the United States for members of
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1 the uniformed services serving in the same pay

2 grade and with the same dependency status as

3 that member.

4 ‘‘(B) An amount determined by the Secretary of

5 Defense as the minimum necessary to meet the cost of

6 adequate housing in that area, as determined by the

7 Secretary, for all residents in that area with an ap8 propriate income level selected by the Secretary.’’.

9 (b) LIMITATION ON REDUCTION IN VHA.—Paragraph

10 (3) of such subsection is amended by adding at the end the

11 following new sentence: ‘‘However, on and after January

12 1, 1996, the monthly amount of a variable housing allow13 ance under this section for a member of a uniformed service

14 with respect to an area may not be reduced so long as the

15 member retains uninterrupted eligibility to receive a vari16 able housing allowance within that area and the member’s

17 certified housing costs are not reduced, as indicated by cer18 tifications provided by the member under subsection

19 (b)(4).’’.

20 (c) EFFECT ON TOTAL AMOUNT AVAILABLE FOR

21 VHA.—Subsection (d)(3) of such section is amended by in22 serting after the first sentence the following new sentence:

23 ‘‘In addition, the total amount determined under para24 graph (1) shall be adjusted to ensure that sufficient amounts

25 are available to allow payment of any additional variable
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1 housing allowance necessary as a result of paragraph (1)(B)

2 and the requirements of the second sentence of paragraph

3 (3).’’

4 (d) CONFORMING AMENDMENTS.—Subsection (c) of

5 such section is further amended—

6 (1) in paragraph (3), as amended by subsection

7 (b), by striking out ‘‘this subsection’’ and inserting in

8 lieu thereof ‘‘paragraph (1)(A) or minimum levels of

9 variable housing allowances under paragraph

10 (1)(B)’’; and

11 (2) in paragraph (5), by inserting ‘‘or minimum

12 levels of variable housing allowances’’ after ‘‘costs of

13 housing’’.

14 (e) DELAYED IMPLEMENTATION OF MINIMUM

15 AMOUNTS OF VHA.—Subsection (c)(1)(B) of section 403a

16 of title 37, United States Code, as added by subsection (a),

17 shall be used to determine the monthly amount of a variable

18 housing allowance under such section for members of the

19 uniformed services only for months beginning after June

20 30, 1996.

21 (f) REPORT ON IMPLEMENTATION.—Not later than

22 June 1, 1996, the Secretary of Defense shall submit to Con23 gress a report describing the procedures to be used to imple24 ment the amendments made by this section and the costs

25 of such amendments.
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1 SEC. 605. CLARIFICATION OF LIMITATION ON RECEIPT OF

2 FAMILY SEPARATION ALLOWANCE.

3 Section 427(b)(4) of title 37, United States Code, is

4 amended by inserting before the period at the end of the

5 first sentence the following: ‘‘unless such entitlement is

6 based on paragraph (1)(B)’’.

7 Subtitle B—Bonuses and Special

8 and Incentive Pays

9 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

10 FORCES.

11 (a) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(f) of title 37, United States Code, is amended

13 by striking out ‘‘September 30, 1996’’ and inserting in lieu

14 thereof ‘‘September 30, 1998’’.

15 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec16 tion 308c(e) of such title is amended by striking out ‘‘Sep17 tember 30, 1996’’ and inserting in lieu thereof ‘‘September

18 30, 1998’’.

19 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec20 tion 308e(e) of such title is amended by striking out ‘‘Sep21 tember 30, 1996’’ and inserting in lieu thereof ‘‘September

22 30, 1998’’.

23 (d) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS.—Section 308h(g) of such title is amended by

25 striking out ‘‘September 30, 1996’’ and inserting in lieu

26 thereof ‘‘September 30, 1998’’.
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1 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

2 308i(i) of such title is amended by striking out ‘‘September

3 30, 1996’’ and inserting in lieu thereof ‘‘September 30,

4 1998’’.

5 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

6 PAY FOR NURSE OFFICER CANDIDATES, REG7 ISTERED NURSES, AND NURSE ANES8 THETISTS.

9 (a) NURSE OFFICER CANDIDATE ACCESSION PRO10 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

11 is amended by striking out ‘‘September 30, 1996’’ and in12 serting in lieu thereof ‘‘September 30, 1998’’.

13 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

14 Section 302d(a)(1) of title 37, United States Code, is

15 amended by striking out ‘‘September 30, 1996’’ and insert16 ing in lieu thereof ‘‘September 30, 1998’’.

17 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES18 THETISTS.—Section 302e(a)(1) of title 37, United States

19 Code, is amended by striking out ‘‘September 30, 1996’’ and

20 inserting in lieu thereof ‘‘September 30, 1998’’.

21 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY22 MENT OF OTHER BONUSES AND SPECIAL

23 PAYS.

24 (a) AVIATION OFFICER RETENTION BONUS.—Section

25 301b(a) of title 37, United States Code, is amended by strik-
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1 ing out ‘‘September 30, 1995’’ and inserting in lieu thereof

2 ‘‘September 30, 1998’’.

3 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

4 Section 308(g) of such title is amended by striking out

5 ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘Sep6 tember 30, 1998’’.

7 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

8 Sections 308a(c) and 308f(c) of such title are each amended

9 by striking out ‘‘September 30, 1996’’ and inserting in lieu

10 thereof ‘‘September 30, 1998’’.

11 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

12 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR13 ITY UNITS.—Section 308d(c) of such title is amended by

14 striking out ‘‘September 30, 1996’’ and inserting in lieu

15 thereof ‘‘September 30, 1998’’.

16 (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

17 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

18 of such title is amended by striking out ‘‘September 30,

19 1996’’ and inserting in lieu thereof ‘‘September 30, 1998’’.

20 (f) NUCLEAR CAREER ACCESSION BONUS.—Section

21 312b(c) of such title is amended by striking out ‘‘September

22 30, 1996’’ and inserting in lieu thereof ‘‘September 30,

23 1998’’.

24 (g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

25 Section 312c(d) of such title is amended by striking out
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1 ‘‘October 1, 1996’ and inserting in lieu thereof ‘‘October 1,

2 1998’’.

3 (h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

4 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

5 RESERVE.—Section 16302(d) of title 10, United States

6 Code, is amended by striking out ‘‘October 1, 1996’’ and

7 inserting in lieu thereof ‘‘October 1, 1998’’.

8 SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY

9 FOR CRITICALLY SHORT WARTIME HEALTH

10 SPECIALISTS IN THE SELECTED RESERVES.

11 (a) SPECIAL PAY AUTHORIZED.—(1) Chapter 5 of title

12 37, United States Code, is amended by inserting after sec13 tion 302f the following new section:

14 ‘‘§ 302g. Special pay: Selected Reserve health care pro15 fessionals in critically short wartime spe16 cialties

17 ‘‘(a) SPECIAL PAY AUTHORIZED.—An officer of a re18 serve component of the armed forces described in subsection

19 (b) who executes a written agreement under which the offi20 cer agrees to serve in the Selected Reserve of an armed force

21 for a period of not less than one year nor more than three

22 years, beginning on the date the officer accepts the award

23 of special pay under this section, may be paid special pay

24 at an annual rate not to exceed $10,000.
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1 ‘‘(b) ELIGIBLE OFFICERS.—An officer referred to in

2 subsection (a) is an officer in a health care profession who

3 is qualified in a specialty designated by regulations as a

4 critically short wartime specialty.

5 ‘‘(c) TIME FOR PAYMENT.—Special pay under this sec6 tion shall be paid annually at the beginning of each twelve7 month period for which the officer has agreed to serve.

8 ‘‘(d) REFUND REQUIREMENT.—An officer who volun9 tarily terminates service in the Selected Reserve of an

10 armed force before the end of the period for which a pay11 ment was made to such officer under this section shall re12 fund to the United States the full amount of the payment

13 made for the period on which the payment was based.

14 ‘‘(e) INAPPLICABILITY OF DISCHARGE IN BANK15 RUPTCY.—A discharge in bankruptcy under title 11 that

16 is entered less than five years after the termination of an

17 agreement under this section does not discharge the person

18 receiving special pay under the agreement from the debt

19 arising under the agreement.

20 ‘‘(f) TERMINATION OF AGREEMENT AUTHORITY.—No

21 agreement under this section may be entered into after Sep22 tember 30, 1998.’’.
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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 302f the following new item:

‘‘302g. Special pay: Selected Reserve health care professionals in critically short

wartime specialties.’’.

4 (b) CONFORMING AMENDMENT.—Section 303a of title

5 37, United States Code is amended by striking out ‘‘302,

6 302a, 302b, 302c, 302d, 302e,’’ each place it appears and

7 inserting in lieu thereof ‘‘302 through 302g,’’.

8 (c) CONFORMING REPEAL.—(1) Section 613 of the Na9 tional Defense Authorization Act, Fiscal Year 1989 (Public

10 Law 100–456; 37 U.S.C. 302 note) is repealed.

11 (2) The repeal of section 613 of the National Defense

12 Authorization Act, Fiscal Year 1989, by paragraph (1)

13 shall not affect the validity or terms of any agreement en14 tered into under such section before the date of the enact15 ment of this Act.

16 SEC. 615. CHANGE IN ELIGIBILITY REQUIREMENTS FOR

17 CONTINUOUS MONTHLY AVIATION INCEN18 TIVE PAY.

19 (a) LOWER INCENTIVE PAY GATE.—Section

20 301a(a)(4) of title 37, United States Code, is amended by

21 striking out ‘‘9’’ in the first sentence and inserting in lieu

22 thereof ‘‘8’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on October 1, 1995.
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1 SEC. 616. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY

2 FOR CREWMEMBERS OF SHIPS DESIGNATED

3 AS TENDERS.

4 (a) CONTINUOUS ENTITLEMENT.—Section

5 305a(d)(1)(A) of title 37, United States Code, is amended—

6 (1) by striking out ‘‘or’’ after ‘‘under way’’ and

7 inserting in lieu thereof a comma; and

8 (2) by inserting before the semicolon at the end

9 the following: ‘‘, or while serving as a member of a

10 tender-class ship (with the hull classification of sub11 marine or destroyer)’’.

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall take effect on October 1, 1995.

14 SEC. 617. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY

15 ASSIGNMENT PAY FOR ENLISTED MEMBERS

16 SERVING AS RECRUITERS.

17 (a) SPECIAL MAXIMUM RATE FOR RECRUITERS.—Sec18 tion 307(a) of title 37, United States Code, is amended by

19 adding at the end the following new sentence: ‘‘In the case

20 of a member who is serving as a military recruiter and

21 is eligible for special duty assignment pay under this sub22 section on account of such duty, the Secretary concerned

23 may increase the monthly rate of special duty assignment

24 pay for the member to not more than $375.’’.

25 (b) EFFECTIVE DATE.—The amendment made by sub26 section (a) shall take effect on January 1, 1996.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. AUTHORIZATION OF RETURN TO UNITED STATES

4 OF FORMERLY DEPENDENT CHILDREN OF

5 MEMBERS.

6 (a) RETURN AT GOVERNMENT EXPENSE.—Section

7 406(h)(1) of title 37, United States Code, is amended in

8 the last sentence—

9 (1) by striking out ‘‘who became 21 years of age’’

10 and inserting in lieu thereof ‘‘who, by reason of age

11 or graduation from (or cessation of enrollment in) an

12 institution of higher education, would otherwise cease

13 to be a dependent of the member’’; and

14 (2) by inserting ‘‘still’’ after ‘‘shall’’.

15 (b) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect on October 1, 1995.

17 SEC. 622. AUTHORIZATION OF DISLOCATION ALLOWANCE

18 FOR MOVES IN CONNECTION WITH BASE

19 REALIGNMENTS AND CLOSURES.

20 (a) DISLOCATION ALLOWANCE AUTHORIZED.—Sub21 section (a) of section 407 of title 37, United States Code,

22 is amended—

23 (1) by striking out ‘‘or’’ at the end of paragraph

24 (3);
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1 (2) by striking out the period at the end of para2 graph (4)(B) and inserting in lieu thereof ‘‘; or’’; and

3 (3) by inserting after paragraph (4)(B) the fol4 lowing new paragraph:

5 ‘‘(5) the member’s dependents actually make an

6 authorized move in connection with the member’s di7 rected order to move as a result of the closure or re8 alignment of a military installation.’’.

9 (b) CONFORMING AMENDMENTS.—Such section is fur10 ther amended—

11 (1) in the sentence following subsection (a)(4)—

12 (A) by striking out ‘‘clause (3) or (4)(B)’’

13 and inserting in lieu thereof ‘‘paragraph (3) or

14 (4)(B)’’; and

15 (B) by striking out ‘‘clause (1)’’ and insert16 ing in lieu thereof ‘‘paragraph (1) or (5)’’;

17 (2) in subsection (b)—

18 (A) by striking out ‘‘subsection (a)(3) or

19 (a)(4)(B)’’ and inserting in lieu thereof ‘‘para20 graph (3) or (4)(B) of subsection (a)’’; and

21 (B) by striking out ‘‘subsection (a)(1)’’ and

22 inserting in lieu thereof ‘‘paragraph (1) or (5) of

23 subsection (a)’’.
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1 Subtitle D—Other Matters

2 SEC. 631. ELIMINATION OF UNNECESSARY ANNUAL RE3 PORTING REQUIREMENTS REGARDING COM4 PENSATION MATTERS.

5 (a) REPORT ON TRAVEL AND TRANSPORTATION AL6 LOWANCES FOR DEPENDENTS.—(1) Section 406 of title 37,

7 United States Code, is amended—

8 (A) by striking out subsection (i); and

9 (B) by redesignating subsections (j), (k), (l), (m),

10 and (n) as subsections (i), (j), (k), (l), and (m), re11 spectively.

12 (2) Section 2634(d) of title 10, United States Code,

13 is amended by striking out ‘‘section 406(l) of title 37’’ and

14 inserting in lieu thereof ‘‘section 406(k) of title 37’’.

15 (b) ANNUAL REVIEW OF PAY AND ALLOWANCES.—Sub16 section (a) of section 1008 of title 37, United States Code,

17 is amended to read as follows:

18 ‘‘(a) Not later than March 31 of each year, the Presi19 dent shall submit to Congress such recommendations (if

20 any) as the President considers appropriate for adjustments

21 in the rates of pay and allowances authorized by this title

22 for members of the uniformed services.’’.
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1 SEC. 632. STUDY REGARDING JOINT PROCESS FOR DETER2 MINING LOCATION OF RECRUITING STA3 TIONS.

4 (a) STUDY REQUIRED.—The Secretary of Defense shall

5 conduct a study regarding the feasibility of—

6 (1) using a joint process among the Armed

7 Forces for determining the location of recruiting sta8 tions and the number of military personnel required

9 to operate such stations; and

10 (2) basing such determinations on market re11 search and analysis conducted jointly by the Armed

12 Forces.

13 (b) REPORT.—Not later than March 31, 1996, the Sec14 retary of Defense shall submit to Congress a report describ15 ing the results of the study. The report shall include a rec16 ommended method for measuring the efficiency of individ17 ual recruiting stations, such as cost per accession or other

18 efficiency standard, as determined by the Secretary.

19 SEC. 633. ELIMINATION OF DISPARITY BETWEEN EFFEC20 TIVE DATES FOR MILITARY AND CIVILIAN RE21 TIREE COST-OF-LIVING ADJUSTMENTS FOR

22 FISCAL YEAR 1996.

23 (a) IN GENERAL.—The fiscal year 1996 increase in

24 military retired pay shall (notwithstanding subparagraph

25 (B) of section 1401a(b)(2) of title 10, United States Code)
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1 first be payable as part of such retired pay for the month

2 of March 1996.

3 (b) DEFINITIONS.—For the purposes of subsection (a):

4 (1) The term ‘‘fiscal year 1996 increase in mili5 tary retired pay’’ means the increase in retired pay

6 that, pursuant to paragraph (1) of section 1401a(b)

7 of title 10, United States Code, becomes effective on

8 December 1, 1995.

9 (2) The term ‘‘retired pay’’ includes retainer

10 pay.

11 (c) LIMITATION.—Subsection (a) shall be effective only

12 if there is appropriated to the Department of Defense Mili13 tary Retirement Fund (in an Act making appropriations

14 for the Department of Defense for fiscal year 1996 that is

15 enacted before March 1, 1996) such amount as is necessary

16 to offset increased outlays to be made from that fund during

17 fiscal year 1996 by reason of the provisions of subsection

18 (a).

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated for fiscal year 1996 to the

21 Department of Defense Military Retirement Fund the sum

22 of $403,000,000 to offset increased outlays to be made from

23 that fund during fiscal year 1996 by reason of the provi24 sions of subsection (a).
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 Subtitle A—Health Care Services

4 SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING

5 ROUTINE PHYSICAL EXAMINATIONS AND IM6 MUNIZATIONS UNDER CHAMPUS.

7 Section 1079(a) of title 10, United States Code, is

8 amended by striking out paragraph (2) and inserting in

9 lieu thereof the following new paragraph:

10 ‘‘(2) consistent with such regulations as the Sec11 retary of Defense may prescribe regarding the content

12 of health promotion and disease prevention visits, the

13 schedule of pap smears and mammograms, and the

14 types and schedule of immunizations—

15 ‘‘(A) for dependents under six years of age,

16 both health promotion and disease prevention

17 visits and immunizations may be provided; and

18 ‘‘(B) for dependents six years of age or

19 older, health promotion and disease prevention

20 visits may be provided in connection with im21 munizations or with diagnostic or preventive

22 pap smears and mammograms;’’.
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1 SEC. 702. CORRECTION OF INEQUITIES IN MEDICAL AND

2 DENTAL CARE AND DEATH AND DISABILITY

3 BENEFITS FOR CERTAIN RESERVISTS.

4 (a) MEDICAL AND DENTAL CARE.—Section 1074a(a)

5 of title 10, United States Code, is amended by adding at

6 the end the following new paragraph:

7 ‘‘(3) Each member of the armed forces who in8 curs or aggravates an injury, illness, or disease in the

9 line of duty while remaining overnight, between suc10 cessive periods of inactive-duty training, at or in the

11 vicinity of the site of the inactive-duty training, and

12 the site is outside reasonable commuting distance

13 from the member’s residence.’’.

14 (b) RECOVERY, CARE, AND DISPOSITION OF RE15 MAINS.—Section 1481(a)(2) of title 10, United States Code,

16 is amended—

17 (1) in subparagraph (C), by striking out ‘‘or’’ at

18 the end of the subparagraph;

19 (2) by redesignating subparagraph (D) as sub20 paragraph (E); and

21 (3) by inserting after subparagraph (C) the fol22 lowing new subparagraph:

23 ‘‘(D) remaining overnight, between succes24 sive periods of inactive-duty training, at or in

25 the vicinity of the site of the inactive-duty train-
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1 ing, and the site is outside reasonable commut2 ing distance from the member’s residence; or’’.

3 (c) ENTITLEMENT TO BASIC PAY.—(1) Subsection

4 (g)(1) of section 204 of title 37, United States Code, is

5 amended—

6 (A) in subparagraph (B), by striking out ‘‘or’’ at

7 the end of the subparagraph;

8 (B) in subparagraph (C), by striking out the pe9 riod at the end of the subparagraph and inserting in

10 lieu thereof ‘‘; or’’; and

11 (C) by inserting after subparagraph (C) the fol12 lowing new subparagraph:

13 ‘‘(D) in line of duty while remaining overnight,

14 between successive periods of inactive-duty training,

15 at or in the vicinity of the site of the inactive-duty

16 training, and the site is outside reasonable commut17 ing distance from the member’s residence.’’.

18 (2) Subsection (h)(1) of such section is amended—

19 (A) in subparagraph (B), by striking out ‘‘or’’ at

20 the end of the subparagraph;

21 (B) in subparagraph (C), by striking out the pe22 riod at the end of the subparagraph and inserting in

23 lieu thereof ‘‘; or’’; and

24 (C) by inserting after subparagraph (C) the fol25 lowing new subparagraph:
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1 ‘‘(D) in line of duty while remaining overnight,

2 between successive periods of inactive-duty training,

3 at or in the vicinity of the site of the inactive-duty

4 training, and the site is outside reasonable commut5 ing distance from the member’s residence.’’.

6 (d) COMPENSATION FOR INACTIVE-DUTY TRAINING.—

7 Section 206(a)(3) of title 37, United States Code, is

8 amended—

9 (1) in subparagraph (A), by striking out ‘‘or’’ at

10 the end of clause (ii);

11 (2) in subparagraph (B), by striking out the pe12 riod at the end of the subparagraph and inserting in

13 lieu thereof ‘‘; or’’; and

14 (3) by inserting after subparagraph (B) the fol15 lowing new subparagraph:

16 ‘‘(C) in line of duty while remaining over17 night, between successive periods of inactive-duty

18 training, at or in the vicinity of the site of the

19 inactive-duty training, and the site is outside

20 reasonable commuting distance from the mem21 ber’s residence.’’.
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1 SEC. 703. MEDICAL AND DENTAL CARE FOR MEMBERS OF

2 THE SELECTED RESERVE.

3 (a) MEMBERS OF EARLY DEPLOYING UNITS OF THE

4 ARMY SELECTED RESERVE.—Section 1074a of title 10,

5 United States Code, is amended—

6 (1) in subsection (c), by striking out ‘‘this sec7 tion’’ and inserting in lieu thereof ‘‘subsection (b)’’;

8 and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(d)(1) The Secretary of the Army shall provide to

12 members of the Selected Reserve of the Army who are as13 signed to units scheduled for deployment within 75 days

14 after mobilization the following medical and dental services:

15 ‘‘(A) An annual medical screening.

16 ‘‘(B) For members who are over 40 years of age,

17 a full physical examination not less often than once

18 every two years.

19 ‘‘(C) An annual dental screening.

20 ‘‘(D) The dental care identified in an annual

21 dental screening as required to ensure that a member

22 meets the dental standards required for deployment in

23 the event of mobilization.

24 ‘‘(2) The services provided under this subsection shall

25 be provided at no cost to the member.’’.
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1 (b) VOLUNTARY DEMONSTRATION PROGRAM TO IM2 PROVE DENTAL READINESS OF SELECTED RESERVE.—(1)

3 For members of the Selected Reserve who are not covered

4 by subsection (a), the Secretary of Defense shall conduct a

5 demonstration program to offer such members affordable

6 dental care for the purpose of ensuring that such members

7 meet the dental standards required for deployment in the

8 event of mobilization. The Secretary shall determine the geo9 graphical scope of the demonstration program and the num10 ber of members of the Selected Reserve who will be invited

11 to participate in the program. However, participation in

12 the demonstration program shall be offered to the members

13 of at least one ground combat maneuver unit of the Selected

14 Reserve of the Army scheduled for deployment within 90

15 days after mobilization.

16 (2) The Secretary may model the dental demonstration

17 program after the dependents’ dental program authorized

18 under section 1076a of title 10, United States Code, except

19 that participants in the demonstration program shall be re20 sponsible for all costs incurred to provide dental care under

21 the program. The Secretary shall provide for allotment or

22 deduction from the military pay of participants as a means

23 to pay any premiums required under the demonstration

24 program.
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1 (3) The authority to carry out the dental demonstra2 tion program under this subsection shall expire on Septem3 ber 30, 1997.

4 (c) EVALUATION OF DEMONSTRATION PROGRAM.—Not

5 later than March 1, 1997, the Secretary shall submit to

6 Congress a report evaluating the success of the dental dem7 onstration program conducted under subsection (b) in im8 proving the dental readiness of the Selected Reserve. The

9 Secretary shall submit a revised report under this sub10 section not later than 30 days after the expiration of the

11 demonstration program.

12 (d) CONFORMING REPEALS.—Sections 1117 and 1118

13 of the Army National Guard Combat Readiness Reform Act

14 of 1992 (title XI of Public Law 102–484; 10 U.S.C. 3077

15 note) are repealed.

16 Subtitle B—TRICARE Program

17 SEC. 711. PRIORITY USE OF MILITARY TREATMENT FACILI18 TIES FOR PERSONS ENROLLED IN MANAGED

19 CARE INITIATIVES.

20 Section 1097(c) of title 10, United States Code, is

21 amended in the third sentence by striking out ‘‘However,

22 the Secretary may’’ and inserting in lieu thereof ‘‘Notwith23 standing the preferences established by sections 1074(b) and

24 1076 of this title, the Secretary shall’’.
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1 SEC. 712. STAGGERED PAYMENT OF ENROLLMENT FEES

2 FOR TRICARE.

3 Section 1097(e) of title 10, United States Code, is

4 amended by adding at the end the following new sentence:

5 ‘‘Without imposing additional costs on covered beneficiaries

6 who participate in contracts for health care services under

7 this section or health care plans offered under section 1099

8 of this title, the Secretary shall permit such covered bene9 ficiaries to pay, on a monthly or quarterly basis, any en10 rollment fee required for such participation.’’.

11 SEC. 713. REQUIREMENT OF BUDGET NEUTRALITY FOR

12 TRICARE TO BE BASED ON ENTIRE PROGRAM.

13 (a) CHANGE IN BUDGET NEUTRALITY REQUIRE14 MENTS.—Subsection (c) of section 731 of the National De15 fense Authorization Act for Fiscal Year 1994 (Public Law

16 103–160; 10 U.S.C. 1073 note) is amended—

17 (1) by striking out ‘‘each managed health care

18 initiative that includes the option’’ and inserting in

19 lieu thereof ‘‘the TRICARE program’’; and

20 (2) by striking out ‘‘covered beneficiaries who en21 roll in the option’’ and inserting in lieu thereof

22 ‘‘members of the uniformed services and covered bene23 ficiaries who participate in the TRICARE program’’.

24 (b) ADDITION OF DEFINITION OF TRICARE PRO25 GRAM.—Subsection (d) of such section is amended to read

26 as follows:
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1 ‘‘(d) DEFINITIONS.—For purposes of this section:

2 ‘‘(1) The term ‘covered beneficiary’ means a ben3 eficiary under chapter 55 of title 10, United States

4 Code, other than a beneficiary under section 1074(a)

5 of such title.

6 ‘‘(2) The term ‘TRICARE program’ means the

7 managed health care program that is established by

8 the Secretary of Defense under the authority of chap9 ter 55 of title 10, United States Code, principally sec10 tion 1097 of such title, and includes the competitive

11 selection of contractors to financially underwrite the

12 delivery of health care services under the Civilian

13 Health and Medical Program of the Uniformed Serv14 ices.’’.

15 SEC. 714. TRAINING IN HEALTH CARE MANAGEMENT AND

16 ADMINISTRATION FOR TRICARE LEAD

17 AGENTS.

18 (a) PROVISION OF TRAINING.—Not later than six

19 months after the date of the enactment of this Act, the Sec20 retary of Defense shall implement a professional edu21 cational program to provide appropriate training in health

22 care management and administration to each commander

23 of a military medical treatment facility of the Department

24 of Defense who is selected to serve as a lead agent to coordi-
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1 nate the delivery of health care by military and civilian

2 providers under the TRICARE program.

3 (b) TRICARE PROGRAM DEFINED.—For purposes of

4 this section, the term ‘‘TRICARE program’’ means the

5 managed health care program that is established by the Sec6 retary of Defense under the authority of chapter 55 of title

7 10, United States Code, principally section 1097 of such

8 title, and includes the competitive selection of contractors

9 to financially underwrite the delivery of health care services

10 under the Civilian Health and Medical Program of the Uni11 formed Services.

12 (c) REPORT ON IMPLEMENTATION.—Not later than six

13 months after the date of the enactment of this Act, the Sec14 retary of Defense shall submit to Congress a report describ15 ing the professional educational program implemented pur16 suant to this section.

17 SEC. 715. EVALUATION AND REPORT ON TRICARE EFFEC18 TIVENESS.

19 (a) EVALUATION REQUIRED.—The Secretary of De20 fense shall arrange for an on-going evaluation of the effec21 tiveness of the TRICARE program in meeting the goals of

22 increasing the access of covered beneficiaries under chapter

23 55 of title 10, United States Code, to health care and im24 proving the quality of health care provided to covered bene25 ficiaries, without increasing the costs incurred by the Gov-
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1 ernment or covered beneficiaries. The evaluation shall spe2 cifically address the impact of the TRICARE program on

3 military retirees with regard to access, costs, and quality

4 of health care services and identify noncatchment areas in

5 which the HMO option of the TRICARE program will be

6 available. The Secretary shall use a federally funded re7 search and development center to conduct the evaluation re8 quired by this section.

9 (b) ANNUAL REPORT.—Not later than March 1 of each

10 year, the center conducting the evaluation under subsection

11 (a) shall submit to Congress a report describing the results

12 of the evaluation during the preceding year.

13 (c) TRICARE PROGRAM DEFINED.—For purposes of

14 this section, the term ‘‘TRICARE program’’ means the

15 managed health care program that is established by the Sec16 retary of Defense under the authority of chapter 55 of title

17 10, United States Code, principally section 1097 of such

18 title, and includes the competitive selection of contractors

19 to financially underwrite the delivery of health care services

20 under the Civilian Health and Medical Program of the Uni21 formed Services.
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1 Subtitle C—Uniformed Services

2 Treatment Facilities

3 SEC. 721. LIMITATION ON EXPENDITURES TO SUPPORT UNI4 FORMED SERVICES TREATMENT FACILITIES

5 AND LIMITATION ON NUMBER OF PARTICI6 PANTS IN USTF MANAGED CARE PLANS.

7 Subsection (f) of section 1252 of the Department of De8 fense Authorization Act, 1984 (42 U.S.C. 248d), is amended

9 to read as follows:

10 ‘‘(f) LIMITATION ON EXPENDITURES AND PARTICI11 PANTS.—(1) The total amount of expenditures by the Sec12 retary of Defense to carry out this section and section 911

13 of the Military Construction Authorization Act, 1982 (42

14 U.S.C. 248c), for fiscal year 1996 may not exceed

15 $300,000,000, adjusted by the Secretary to reflect the infla16 tion factor used by the Department of Defense for such year.

17 ‘‘(2) During fiscal year 1996, the number of covered

18 beneficiaries under chapter 55 of title 10, United States

19 Code (including covered beneficiaries described in section

20 1086(d)(1) of such title), who are enrolled in managed care

21 plans offered by facilities described in subsection (a) and

22 designated under subsection (c) may not exceed the number

23 of such covered beneficiaries so enrolled as of September 30,

24 1995.’’.
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1 SEC. 722. APPLICATION OF FEDERAL ACQUISITION REGULA2 TION TO PARTICIPATION AGREEMENTS WITH

3 UNIFORMED SERVICES TREATMENT FACILI4 TIES.

5 Section 718(c) of the National Defense Authorization

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

7 1587) is amended—

8 (1) in the second sentence of paragraph (1), by

9 striking out ‘‘A participation agreement’’ and insert10 ing in lieu thereof ‘‘Except as provided in paragraph

11 (4), a participation agreement’’;

12 (2) by redesignating paragraph (4) as para13 graph (6); and

14 (3) by inserting after paragraph (3) the follow15 ing new paragraph:

16 ‘‘(4) APPLICATION OF FEDERAL ACQUISITION

17 REGULATION.—On and after the date of the enact18 ment of this paragraph, Uniformed Services Treat19 ment Facilities and any participation agreement be20 tween Uniformed Services Treatment Facilities and

21 the Secretary of Defense shall be subject to the Federal

22 Acquisition Regulation issued pursuant to section

23 25(c) of the Office of Federal Procurement Policy Act

24 (41 U.S.C. 421(c)) notwithstanding any provision to

25 the contrary in such a participation agreement. The

26 requirements regarding competition in the Federal
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1 Acquisition Regulation shall apply with regard to the

2 negotiation of any new participation agreement be3 tween the Uniformed Services Treatment Facilities

4 and the Secretary of Defense under this subsection or

5 any other provision of law.’’.

6 SEC. 723. DEVELOPMENT OF PLAN FOR INTEGRATING UNI7 FORMED SERVICES TREATMENT FACILITIES

8 IN MANAGED CARE PROGRAMS OF DEPART9 MENT OF DEFENSE.

10 Section 718(c) of the National Defense Authorization

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

12 1587) is amended by inserting after paragraph (4), as

13 added by section 722, the following new paragraph:

14 ‘‘(5) PLAN FOR INTEGRATING FACILITIES.—(A)

15 Not later than March 1, 1996, the Secretary of De16 fense shall submit to Congress a plan under which

17 Uniformed Services Treatment Facilities, on or before

18 September 30, 1997, shall be included in the exclusive

19 health care provider networks established by the Sec20 retary for the geographic regions in which the facili21 ties are located. The Secretary shall address in the

22 plan the feasibility of implementing the managed care

23 plan of the Uniformed Services Treatment Facilities,

24 known as Option II, on a mandatory basis for all

25 USTF Medicare-eligible beneficiaries and the poten-
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1 tial cost savings to the Military Health Care Program

2 that could be achieved under such option.

3 ‘‘(B) The plan developed under this paragraph

4 shall be consistent with the requirements specified in

5 paragraph (4). If the plan is not submitted to Con6 gress by the expiration date of the participation

7 agreements entered into under this section, the par8 ticipation agreements shall remain in effect, at the

9 option of the Uniformed Services Treatment Facili10 ties, until the end of the 180-day period beginning on

11 the date the plan is finally submitted.

12 ‘‘(C) For purposes of this paragraph, the term

13 ‘USTF Medicare-eligible beneficiaries’ means covered

14 beneficiaries under chapter 55 of title 10, United

15 States Code, who are enrolled in a managed health

16 plan offered by the Uniformed Services Treatment Fa17 cilities and entitled to hospital insurance benefits

18 under part A of title XVIII of the Social Security Act

19 (42 U.S.C. 1395c et seq.).’’.

20 SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST

21 SHARING REQUIREMENTS FOR UNIFORMED

22 SERVICES TREATMENT FACILITIES.

23 The uniform managed care benefit fee and copayment

24 schedule developed by the Secretary of Defense for use in

25 all managed care initiatives of the military health service
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1 system, including the managed care program of the Uni2 formed Services Treatment Facilities, shall be extended to

3 the managed care program of a Uniformed Services Treat4 ment Facility only upon the implementation of the

5 TRICARE regional program covering the service area of

6 the Uniformed Services Treatment Facility.

7 Subtitle D—Other Changes to Exist8 ing Laws Regarding Health

9 Care Management

10 SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL

11 HEALTH-CARE PROVIDERS UNDER CHAMPUS.

12 (a) MAXIMUM PAYMENT.—Subsection (h) of section

13 1079 of title 10, United States Code, is amended by striking

14 out paragraph (1) and inserting in lieu thereof the follow15 ing new paragraph:

16 ‘‘(1) Payment for a charge for services by an individ17 ual health care professional (or other noninstitutional

18 health care provider) for which a claim is submitted under

19 a plan contracted for under subsection (a) may not exceed

20 the lesser of—

21 ‘‘(A) an amount equivalent to the 80th percentile

22 of billed charges made for similar services in the same

23 locality during a 12-month base period; or

24 ‘‘(B) an amount determined to be appropriate,

25 to the extent practicable, in accordance with the same
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1 reimbursement rules as apply to payments for similar

2 services under title XVIII of the Social Security Act

3 (42 U.S.C. 1395 et seq.).’’.

4 (b) COMPARISON TO MEDICARE PAYMENTS.—Such

5 subsection is further amended by adding at the end the fol6 lowing new paragraph:

7 ‘‘(3) For the purposes of paragraph (1)(B), the appro8 priate payment amount shall be determined by the Sec9 retary of Defense, in consultation with the other administer10 ing Secretaries.’’.

11 (c) EXCEPTIONS AND LIMITATIONS.—Such subsection

12 is further amended by inserting after paragraph (3), as

13 added by subsection (b), the following new paragraphs:

14 ‘‘(4) The Secretary of Defense, in consultation with the

15 other administering Secretaries, shall prescribe regulations

16 to provide for such exceptions to the payment limitations

17 under paragraph (1) as the administering Secretaries deter18 mine to be necessary to assure that covered beneficiaries re19 tain adequate access to health care services. Such exceptions

20 may include the payment of amounts greater than the

21 amount allowed under paragraph (1) when enrollees in

22 managed care programs obtain covered emergency services

23 from nonparticipating providers. To transition from the

24 payment methods in effect before the date of the enactment

25 of this paragraph to the methodology required by paragraph
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1 (1), the amount allowable for any service may not be re2 duced by more than 15 percent from the amount allowed

3 for the same service during the immediately preceding 12-

4 month period (or other period as established by the Sec5 retary of Defense).

6 ‘‘(5) The Secretary of Defense, in consultation with the

7 other administering Secretaries, shall prescribe regulations

8 to establish limitations (similar to those limitations estab9 lished under title XVIII of the Social Security Act (42

10 U.S.C. 1395 et seq.)) on beneficiary liability for charges of

11 an individual health care professional (or other

12 noninstitutional health care provider).’’.

13 (d) CONFORMING AMENDMENT.—Paragraph (2) of

14 such subsection is amended by striking out ‘‘paragraph (1)’’

15 and inserting in lieu thereof ‘‘paragraph (1)(A)’’.

16 (e) REPORT ON EFFECT OF AMENDMENTS.—Not later

17 than March 1, 1996, the Secretary of Defense shall submit

18 to Congress a report analyzing the effect of the amendments

19 made by this section on the ability or willingness of individ20 ual health care professionals and other noninstitutional

21 health care providers to participate in the Civilian Health

22 and Medical Program of the Uniformed Services.
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1 SEC. 732. EXPANSION OF EXISTING RESTRICTION ON USE

2 OF DEFENSE FUNDS FOR ABORTIONS.

3 (a) INCLUSION OF DEFENSE FACILITIES.—Section

4 1093 of title 10, United States Code, is amended by insert5 ing after ‘‘Department of Defense’’ the following: ‘‘, and

6 medical treatment facilities or other facilities of the Depart7 ment of Defense,’’.

8 (b) CLERICAL AMENDMENTS.—(1) The heading of such

9 section is amended by inserting ‘‘or facilities’’ after

10 ‘‘funds’’.

11 (2) The item relating to such section in the table of

12 sections at the beginning of chapter 55 of such title is

13 amended to read as follows:

‘‘1093. Restriction on use of funds or facilities for abortions.’’.

14 SEC. 733. IDENTIFICATION OF THIRD-PARTY PAYER SITUA15 TIONS.

16 Section 1095 of title 10, United States Code, is amend17 ed by adding at the end the following new subsection:

18 ‘‘(k)(1) To improve the administration of this section

19 and sections 1079(j)(1) and 1086(d) of this title, the Sec20 retary of Defense, in consultation with the other administer21 ing Secretaries, may prescribe regulations to collect infor22 mation regarding insurance, medical service, or health

23 plans of third-party payers held by covered beneficiaries.

24 ‘‘(2) The collection of information under regulations

25 issued under paragraph (1) shall be conducted in the same
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1 manner as provided in section 1862(b)(5) of the Social Se2 curity Act (42 U.S.C. 1395y(b)(5)). The Secretary may pro3 vide for obtaining from the Commissioner of Social Secu4 rity employment information comparable to the informa5 tion provided to the Administrator of the Health Care Fi6 nancing Administration pursuant to such section. Such

7 regulations may require the mandatory disclosure of social

8 security account numbers for all covered beneficiaries.

9 ‘‘(3) The Secretary of Defense may disclosure relevant

10 employment information collected under this subsection to

11 fiscal intermediaries or other designated contractors.

12 ‘‘(4) The Secretary of Defense may provide for contact13 ing employers of covered beneficiaries to obtain group health

14 plan information comparable to the information authorized

15 to be obtained under section 1862(b)(5)(C) of the Social Se16 curity Act (42 U.S.C. 1395y(b)(5)(C)). Clause (ii) of such

17 section regarding the imposition of civil money penalties

18 shall apply to the collection of information under this para19 graph.

20 ‘‘(5) Information obtained under this subsection may

21 not be disclosed for any purpose other than to carry out

22 the purpose of this section and sections 1079(j)(1) and

23 1086(d) of this title.’’.
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1 SEC. 734. REDESIGNATION OF MILITARY HEALTH CARE AC2 COUNT AS DEFENSE HEALTH PROGRAM AC3 COUNT AND TWO-YEAR AVAILABILITY OF CER4 TAIN ACCOUNT FUNDS.

5 (a) REDESIGNATION.—Section 1100 of title 10, United

6 States Code, is amended—

7 (1) in subsection (a)(1)—

8 (A) by striking out ‘‘Military Health Care

9 Account’’ and inserting in lieu thereof ‘‘Defense

10 Health Program Account’’; and

11 (B) by striking out ‘‘the Civilian Health

12 and Medical Program of the Uniformed Serv13 ices’’ and inserting in lieu thereof ‘‘medical and

14 health care programs of the Department of De15 fense’’; and

16 (2) in subsection (b)—

17 (A) by striking out ‘‘entering into a con18 tract’’ and inserting in lieu thereof ‘‘conducting

19 programs and activities under this chapter, in20 cluding contracts entered into’’; and

21 (B) by inserting a comma after ‘‘title’’.

22 (b) TWO YEAR AVAILABILITY OF CERTAIN APPROPRIA23 TIONS.—Subsection (a)(2) of such section is amended to

24 read as follows:

25 ‘‘(2) Three percent of the funds appropriated annually

26 for the operation and maintenance of the programs and ac-
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1 tivities authorized by this chapter shall remain available

2 for obligation until the end of the fiscal year following the

3 fiscal year for which the funds were appropriated. This

4 paragraph shall not apply for a fiscal year to the extent

5 that a provision of law specifically refers to this paragraph

6 and specifies that this paragraph shall not apply for that

7 fiscal year.’’.

8 (c) CONFORMING AMENDMENTS.—Such section is fur9 ther amended—

10 (1) by striking out subsections (c), (d), and (f);

11 and

12 (2) by redesignating subsection (e) as subsection

13 (c).

14 (d) CLERICAL AMENDMENTS.—(1) The heading of such

15 section is amended to read as follows:

16 ‘‘§ 1100. Defense Health Program Account’’.

17 (2) The item relating to such section in the table of

18 sections at the beginning of chapter 55 of such title is

19 amended to read as follows:

‘‘1100. Defense Health Program Account.’’.

20 SEC. 735. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM

21 FOR HEALTH-CARE PROFESSIONALS IN RE22 SERVE COMPONENTS TO INCLUDE DENTAL

23 SPECIALTIES.

24 Section 16201(b) of title 10, United States Code, is

25 amended—
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1 (1) in the subsection heading, by inserting ‘‘AND

2 DENTISTS’’ after ‘‘PHYSICIANS’’;

3 (2) in paragraph (1)(A), by inserting ‘‘or dental

4 school’’ after ‘‘medical school’’;

5 (3) in paragraphs (1)(B) and (2)(B), by insert6 ing ‘‘or dental officer’’ after ‘‘medical officer’’; and

7 (4) in paragraph (1)(C), by striking out ‘‘physi8 cians in a medical specialty’’ and inserting in lieu

9 thereof ‘‘physicians or dentists in a medical or dental

10 specialty’’.

11 SEC. 736. ELIMINATION OF UNNECESSARY ANNUAL RE12 PORTING REQUIREMENTS REGARDING MILI13 TARY HEALTH CARE.

14 Section 1252 of the Department of Defense Authoriza15 tion Act, 1984 (42 U.S.C. 248d), is amended by striking

16 out subsection (d).

17 Subtitle E—Other Matters

18 SEC. 741. TERMINATION OF PROGRAM TO TRAIN AND UTI19 LIZE MILITARY PSYCHOLOGISTS TO PRE20 SCRIBE PSYCHOTROPIC MEDICATIONS.

21 (a) TERMINATION.—Immediately after the date of the

22 enactment of this Act, the Secretary of Defense shall termi23 nate the demonstration pilot program for training and uti24 lizing military psychologists in the prescription of psycho25 tropic medications, which is referred to in section 8097 of
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1 the Department of Defense Appropriations Act, 1991 (Pub2 lic Law 101–511; 104 Stat. 1897). None of the funds appro3 priated to the Department of Defense for a fiscal year after

4 fiscal year 1995 may be used to train psychologists to be

5 able to prescribe psychotropic medications.

6 (b) EFFECT ON AUTHORITY TO PRESCRIBE PSYCHO7 TROPIC MEDICATIONS.—Psychologists who participated in

8 the demonstration pilot training program regarding the

9 prescription of psychotropic medications shall not be au10 thorized to prescribe such medications despite the comple11 tion of training under the program.

12 SEC. 742. WAIVER OF COLLECTION OF PAYMENTS DUE

13 FROM CERTAIN PERSONS UNAWARE OF LOSS

14 OF CHAMPUS ELIGIBILITY.

15 (a) AUTHORITY TO WAIVE COLLECTION.—The admin16 istering Secretaries may waive the collection of payments

17 otherwise due from a person described in subsection (b) as

18 a result of the receipt by the person of health benefits under

19 section 1086 of title 10, United States Code, after the termi20 nation of the person’s eligibility for such benefits.

21 (b) PERSONS ELIGIBLE FOR WAIVER.—A person shall

22 be eligible for relief under subsection (a) if the person—

23 (1) is a person described in paragraph (1) of

24 subsection (d) of section 1086 of title 10, United

25 States Code;
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1 (2) in the absence of such paragraph, would have

2 been eligible for health benefits under such section;

3 and

4 (3) at the time of the receipt of such benefits, sat5 isfied the criteria specified in subparagraphs (A) and

6 (B) of paragraph (2) of such subsection.

7 (c) EXTENT OF WAIVER AUTHORITY.—The authority

8 to waive the collection of payments pursuant to this section

9 shall apply with regard to health benefits provided under

10 section 1086 of title 10, United States Code, to persons de11 scribed in subsection (b) during the period beginning on

12 January 1, 1967, and ending on the later of—

13 (1) the termination date of any special enroll14 ment period provided under title XVIII of the Social

15 Security Act (42 U.S.C. 1395c et seq.) specifically for

16 such persons; and

17 (2) July 1, 1996.

18 (d) DEFINITIONS.—For purposes of this section, the

19 term ‘‘administering Secretaries’’ has the meaning given

20 such term in section 1072(3) of title 10, United States Code.

21 SEC. 743. NOTIFICATION OF CERTAIN CHAMPUS COVERED

22 BENEFICIARIES OF LOSS OF CHAMPUS ELIGI23 BILITY.

24 Section 1086(d) of title 10, United States Code, is

25 amended by adding at the end the following new paragraph:
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1 ‘‘(4) The administering Secretaries shall develop a

2 mechanism by which persons described in paragraph (1)

3 who satisfy only the criteria specified in subparagraphs (A)

4 and (B) of paragraph (2), but not subparagraph (C) of such

5 paragraph, are promptly notified of their ineligibility for

6 health benefits under this section. The administering Sec7 retaries shall consult with the Secretary of Health and

8 Human Services and the Health Care Financing Adminis9 tration regarding a method to promptly identify persons

10 requiring notice under this subsection.’’.

11 SEC. 744. DEMONSTRATION PROGRAM TO TRAIN MILITARY

12 MEDICAL PERSONNEL IN CIVILIAN SHOCK

13 TRAUMA UNITS.

14 (a) DEMONSTRATION PROGRAM.—Not later than April

15 1, 1996, the Secretary of Defense shall implement a dem16 onstration program to evaluate the feasibility of providing

17 shock trauma training for military medical personnel

18 through the use of civilian hospitals. Pursuant to an agree19 ment between the Secretary and one or more public or non20 profit hospitals, the Secretary shall assign military medical

21 personnel participating in the demonstration program to

22 temporary duty in shock trauma units operated by the hos23 pitals that are parties to the agreement. As consideration

24 for the services provided by military medical personnel

25 under the agreement, the agreement shall require the hos-
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1 pitals to provide appropriate care to members of the Armed

2 Forces and to other persons whose care in the hospital

3 would otherwise require reimbursement by the Secretary.

4 The value of the services provided by the hospitals shall be

5 at least equal to the value of the services provided by mili6 tary medical personnel under the agreement.

7 (b) TERMINATION OF PROGRAM.—The authority of the

8 Secretary of Defense to conduct the demonstration program

9 under this section, and any agreement entered into under

10 the demonstration program, shall expire on March 31, 1998.

11 (c) REPORT AND EVALUATION OF PROGRAM.—(1) Not

12 later than March 1 of each year in which the demonstration

13 program is conducted under this section, the Secretary of

14 Defense shall submit to Congress a report describing the

15 scope and activities of the demonstration program during

16 the preceding year.

17 (2) Not later than May 1, 1998, the Comptroller Gen18 eral of the United States shall submit to Congress a report

19 evaluating the effectiveness of the demonstration program

20 in providing shock trauma training for military medical

21 personnel.
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1 SEC. 745. STUDY REGARDING DEPARTMENT OF DEFENSE

2 EFFORTS TO DETERMINE APPROPRIATE

3 FORCE LEVELS OF WARTIME MEDICAL PER4 SONNEL.

5 (a) STUDY REQUIRED.—The Comptroller General of

6 the United States shall conduct a study to evaluate the rea7 sonableness of the models used by each military department

8 for determining the appropriate wartime force level for

9 medical personnel in the department. The study shall in10 clude the following:

11 (1) An assessment of the modeling techniques

12 used by each department.

13 (2) An analysis of the data used in the models

14 to identify medical personnel requirements.

15 (3) An identification of the ability of the models

16 to integrate personnel of reserve components to meet

17 department requirements.

18 (4) An evaluation of the ability of the Secretary

19 of Defense to integrate the various modeling efforts

20 into a comprehensive, coordinated plan for obtaining

21 the optimum force level for wartime medical person22 nel.

23 (b) REPORT OF STUDY.—Not later than June 30,

24 1996, the Comptroller General shall report to Congress on

25 the results of the study conducted under subsection (a).
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1 SEC. 746. STUDY REGARDING EXPANDED MENTAL HEALTH

2 SERVICES FOR CERTAIN COVERED BENE3 FICIARIES.

4 (a) STUDY REQUIRED.—In connection with the mental

5 health services already available for covered beneficiaries

6 under chapter 55 of title 10, United States Code, who are

7 children and require residential treatment, the Secretary of

8 Defense shall conduct a study regarding the feasibility of

9 expanding such services to include a program of individual10 ized continued care following completion of the residential

11 treatment to compliment the residential treatment and pre12 vent recidivism.

13 (b) REPORT OF STUDY.—Not later than March 1,

14 1996, the Secretary of Defense shall submit to Congress a

15 report describing the results of the study conducted under

16 subsection (a).

17 SEC. 747. REPORT ON IMPROVED ACCESS TO MILITARY

18 HEALTH CARE FOR COVERED BENEFICIARIES

19 ENTITLED TO MEDICARE.

20 Not later than March 1, 1996, the Secretary of Defense

21 shall submit to Congress a report evaluating the feasibility,

22 costs, and consequences for the military health care system

23 of improving access to the system for covered beneficiaries

24 under chapter 55 of title 10, United States Code, who have

25 limited access to military medical treatment facilities and

26 are ineligible for the Civilian Health and Medical Program
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1 of the Uniformed Services under section 1086(d)(1) of such

2 title. The alternatives the Secretary shall consider to im3 prove access for such covered beneficiaries shall include—

4 (1) whether CHAMPUS should serve as a second

5 payer for covered beneficiaries who are entitled to hos6 pital insurance benefits under part A of title XVIII

7 of the Social Security Act (42 U.S.C. 1395c et seq.);

8 and

9 (2) whether such covered beneficiaries should be

10 offered enrollment in the Federal Employees Health

11 Benefits program under chapter 89 of title 5, United

12 States Code.

13 SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH

14 CARE SERVICES FOR COVERED BENE15 FICIARIES ADVERSELY AFFECTED BY CLO16 SURES OF MILITARY MEDICAL TREATMENT

17 FACILITIES.

18 (a) FINDING.—Congress finds the following:

19 (1) Military installations selected for closure in

20 the 1991 and 1993 rounds of the base closure process

21 are approaching their closing dates.

22 (2) Additional military installations are being

23 selected for closure in the 1995 round of the base clo24 sure process.
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1 (3) As a result of these base closures, tens of

2 thousands of covered beneficiaries under chapter 55 of

3 title 10, United States Code, who reside in the vicin4 ity of affected installations will be left without imme5 diate access to military medical treatment facilities.

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

7 specified in subsection (a), it is the sense of Congress that

8 the Secretary of Defense should take all appropriate steps

9 necessary to ensure the continuation of medical and phar10 maceutical benefits to covered beneficiaries adversely af11 fected by the closure of military installations.

12 TITLE VIII—ACQUISITION POL13 ICY, ACQUISITION MANAGE14 MENT, AND RELATED MAT15 TERS

16 SEC. 801. REPEALS OF CERTAIN PROCUREMENT PROVI17 SIONS.

18 (a) POST-EMPLOYMENT RESTRICTIONS.—Sections

19 2397, 2397a, 2397b, and 2397c of title 10, United States

20 Code, are repealed.

21 (b) LIMITATION ON EXPENDITURE OF APPROPRIA22 TIONS.—Section 2207 of such title is repealed.

23 (c) CERTAIN DELEGATION AUTHORITY.—Section 2356

24 of such title is repealed.
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1 (d) SPARE PARTS CONTROL.—Section 2383 of such

2 title is repealed.

3 (e) CLERICAL AMENDMENTS.—(1) The table of sections

4 at the beginning of chapter 131 of title 10, United States

5 Code, is amended by striking out the item relating to section

6 2207.

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 2356.

10 (3) The table of sections at the beginning of chapter

11 141 of title 10, United States Code, is amended by striking

12 out the items relating to sections 2383, 2397, 2397a, 2397b,

13 and 2397c.

14 SEC. 802. FEES FOR CERTAIN TESTING SERVICES.

15 Section 2539b(c) of title 10, United States Code, is

16 amended by inserting ‘‘and indirect’’ after ‘‘recoup the di17 rect’’.

18 SEC. 803. TESTING OF DEFENSE ACQUISITION PROGRAMS.

19 (a) IN GENERAL.—Section 2366 to title 10, United

20 States Code, is amended—

21 (1) by striking out ‘‘survivability’’ each place it

22 appears (including in the section heading) and insert23 ing in lieu thereof ‘‘vulnerability’’; and

24 (2) in subsection (b)—
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1 (A) by striking out ‘‘Survivability’’ and in2 serting in lieu thereof ‘‘Vulnerability’’; and

3 (B) by inserting after paragraph (2) the fol4 lowing new paragraph:

5 ‘‘(3) Testing should begin at the component, subsystem,

6 and subassembly level, culminating with tests of the com7 plete system configured for combat.’’.

8 (b) CLERICAL AMENDMENT.—The item relating to

9 such section in the table of sections at the beginning of chap10 ter 139 of such title is amended to read as follows:

‘‘2366. Major systems and munitions programs: vulnerability testing and lethality

testing required before full-scale production.’’.

11 SEC. 804. 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 decisions’

22 has the meaning prescribed by the Secretary of De23 fense in regulations.’’.
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1 SEC. 805. ADDITION OF CERTAIN ITEMS TO DOMESTIC

2 SOURCE LIMITATION.

3 (a) LIMITATION.—Paragraph (3) of section 2534(a) of

4 title 10, United States Code, is amended to read as follows:

5 ‘‘(3) VESSEL COMPONENTS.—(A) The following

6 components of vessels:

7 ‘‘(i) Air circuit breakers.

8 ‘‘(ii) Vessel propellers with a diameter of six

9 feet or more, if the propellers incorporate only

10 castings poured and finished in the United

11 States.

12 ‘‘(iii) Welded shipboard anchor and moor13 ing chain with a diameter of four inches or less.

14 ‘‘(B) The following components of vessels, to the

15 extent they are unique to marine applications: ship

16 and marine cable assemblies, hose assemblies, hydrau17 lics and pumps for steering, gyrocompasses, marine

18 autopilots, electronic navigation chart systems, atti19 tude and heading reference units, power supplies, and

20 steering controls.’’.

21 (b) EXTENSION OF LIMITATION RELATING TO BALL

22 BEARINGS AND ROLLER BEARINGS.—Section 2534(c)(3) of

23 such title is amended by striking out ‘‘October 1, 1995’’ and

24 inserting in lieu thereof ‘‘October 1, 2000’’.

25 (c) INAPPLICABILITY OF SIMPLIFIED ACQUISITION

26 LIMITATION TO CONTRACTS FOR BALL BEARINGS AND
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1 ROLLER BEARINGS.—Section 2534(g) of title 10, United

2 States Code, is amended—

3 (1) by inserting ‘‘(1)’’ before ‘‘This section’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(2) Paragraph (1) does not apply to contracts for

7 items described in subsection (a)(5) (relating to ball bear8 ings and roller bearings).’’.

9 SEC. 806. REVISIONS TO PROCUREMENT NOTICE PROVI10 SIONS.

11 Section 18(a) of the Office of Federal Procurement Pol12 icy Act (41 U.S.C. 416(a)) is amended—

13 (1) in subparagraph (B) of paragraph (1)—

14 (A) by striking out ‘‘subsection (f)—’’ and

15 all that follows through the end of the subpara16 graph and inserting in lieu thereof ‘‘subsection

17 (b); and’’; and

18 (B) by inserting after ‘‘property or services’’

19 the following: ‘‘for a price expected to exceed

20 $10,000 but not to exceed $25,000’’;

21 (2) by striking out paragraph (4); and

22 (3) by redesignating paragraphs (5) and (6) as

23 paragraphs (4) and (5), respectively.
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1 SEC. 807. INTERNATIONAL COMPETITIVENESS.

2 (a) REPEAL OF PROVISION RELATING TO RESEARCH,

3 DEVELOPMENT, AND PRODUCTION COSTS.—Section 21(e) of

4 the Arms Export Control Act (22 U.S.C. 2761(e)) is amend5 ed—

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

7 end of paragraph (1)(A);

8 (2) by striking out subparagraph (B) of para9 graph (1);

10 (3) by redesignating subparagraph (C) of para11 graph (1) as subparagraph (B);

12 (4) by striking out paragraph (2); and

13 (5) by redesignating paragraph (3) as para14 graph (2).

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall be effective with respect to sales agreements

17 pursuant to sections 21 and 22 of the Arms Export Control

18 Act (22 U.S.C. 2761 and 2762) entered into on or after

19 the date of the enactment of this Act.

20 SEC. 808. ENCOURAGEMENT OF USE OF LEASING AUTHOR21 ITY.

22 (a) IN GENERAL.—(1) Chapter 137 of title 10, United

23 States Code, is amended by inserting after section 2316 the

24 following new section:
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1 ‘‘§ 2317. Equipment leasing

2 ‘‘The Secretary of Defense shall authorize and encour3 age the use of leasing in the acquisition of equipment when4 ever such leasing is practicable and otherwise authorized

5 by law.’’.

6 (2) The table of sections at the beginning of such chap7 ter is amended by adding at the end the following new item:

‘‘2317. Equipment leasing.’’.

8 (b) REPORT.—Not later than 90 days after the date

9 of the enactment of this Act, the Secretary of Defense shall

10 submit to Congress a report setting forth changes in legisla11 tion that would be required in order to facilitate the use

12 of leases by the Department of Defense in the acquisition

13 of equipment.

14 TITLE IX—DEPARTMENT OF DE15 FENSE ORGANIZATION AND

16 MANAGEMENT

17 SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY

18 OF DEFENSE.

19 (a) REORGANIZATION.—The Secretary of Defense shall

20 carry out in accordance with this section a reorganization

21 of the Office of the Secretary of Defense. The reorganization

22 shall include a substantial streamlining and reduction in

23 size of that office, as provided in this section.

24 (b) PLAN FOR REORGANIZATION.—The Secretary shall

25 submit to Congress a report setting forth a comprehensive
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1 plan by which the Secretary will carry out the reorganiza2 tion of the Office of the Department of Defense required by

3 this section. The Secretary shall include in the report iden4 tification of all provisions of law (or other congressional

5 directives) that preclude or inhibit any proposed reorga6 nization or streamlining of the Office of the Secretary of

7 Defense set forth in the plan. The report shall be submitted

8 when the budget of the President for fiscal year 1997 is sub9 mitted to Congress.

10 (c) CONTENT OF PLAN.—The plan required by sub11 section (b) shall enable the Secretary to accomplish the fol12 lowing:

13 (1) Reduce the number of military and civilian

14 personnel assigned to, or employed in, the Office of

15 the Secretary of Defense by 25 percent over a period

16 of four years, as required by subsection (e).

17 (2) Increase organizational efficiency and civil18 ian control.

19 (3) Eliminate (or substantially reduce) duplica20 tion of functions between the Office of the Secretary

21 of Defense and the military departments.

22 (4) Eliminate (or substantially reduce) duplica23 tion of functions between the Office of the Secretary

24 of Defense and the Joint Chiefs of Staff.
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1 (d) DEVELOPMENT OF PLAN.—In developing the plan

2 required by subsection (b), the Secretary shall—

3 (1) reassess the appropriate function and mis4 sion of the Office of the Secretary of Defense;

5 (2) reassess whether the current organization of

6 the Office of the Secretary of Defense provides the

7 most efficient and effective organization to support

8 the Secretary in carrying out the Secretary’s respon9 sibilities;

10 (3) examine alternative organizational structures

11 for that office and alternative allocations of func12 tional responsibilities within that office, including—

13 (A) a reduction in the number of Under

14 Secretaries of Defense;

15 (B) a reduction in the number of Deputy

16 Assistant Secretaries of Defense and Deputy

17 Under Secretaries of Defense; and

18 (C) decentralizing functions of the Office of

19 the Secretary of Defense; and

20 (4) reassess the size, number, and functional al21 location of the Defense Agencies and other Depart22 ment of Defense support organizations.

23 (e) PERSONNEL REDUCTION.—(1) The number of mili24 tary and civilian personnel of the Department of Defense

25 who as of October 1, 1998, are assigned to, or employed
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1 in, functions in the Office of the Secretary of Defense (in2 cluding Direct Support Activities of that Office and the

3 Washington Headquarters Services of the Department of

4 Defense) may not exceed 75 percent of the number of such

5 personnel as of October 1, 1994.

6 (2) In carrying out reductions under paragraph (1),

7 the Secretary may not reassign functions solely in order

8 to evade the requirement contained in that paragraph.

9 (f) REDUCTION IN NUMBER AND SPECIFICATION OF

10 ASSISTANT SECRETARY OF DEFENSE POSITIONS.—(1) Sec11 tion 138 of title 10, United States Code, is amended—

12 (A) in subsection (a), by striking out ‘‘eleven’’

13 and inserting in lieu thereof ‘‘nine’’; and

14 (B) by striking out subsection (b) and inserting

15 in lieu thereof the following:

16 ‘‘(b) The Assistant Secretaries shall perform such du17 ties and exercise such powers as the Secretary of Defense

18 may prescribe.’’.

19 (2) Section 5315 of title 5, United States Code, is

20 amended by striking out ‘‘(11)’’ after ‘‘Assistant Secretaries

21 of Defense’’ and inserting in lieu thereof ‘‘(9)’’.

22 (g) REPEAL OF STATUTORY ESTABLISHMENT OF VAR23 IOUS OSD POSITIONS.—(1)(A) The following sections of

24 chapter 4 of title 10, United States Code, are repealed: sec25 tions 133a, 134a, 137, 139, and 142.
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1 (B) The table of sections at the beginning of such chap2 ter is amended by striking out the items relating to the sec3 tions specified in paragraph (1).

4 (2) Section 1056 is amended by striking out subsection

5 (d).

6 (h) SENIOR STAFF FLOOR FOR SPECIFIED ASSISTANT

7 SECRETARY OF DEFENSE.—Section 355 of the National De8 fense Authorization Act for Fiscal Year 1991 (Public Law

9 101–510; 104 Stat. 1540) is repealed.

10 (i) CONFORMING AMENDMENTS TO TITLE 10, UNITED

11 STATES CODE.—Title 10, United States Code, is amended

12 as follows:

13 (1) Section 131(b) is amended—

14 (A) by striking out paragraphs (6) and (8);

15 and

16 (B) by redesignating paragraphs (7), (9),

17 (10), and (11), as paragraphs (6), (7), (8), and

18 (9), respectively.

19 (2) Section 138(d) is amended by striking out

20 ‘‘the Under Secretaries of Defense, and the Director of

21 Defense Research and Engineering’’ and inserting in

22 lieu thereof ‘‘and the Under Secretaries of Defense’’.

23 (3) Section 176(a)(3) is amended—

24 (A) by striking out ‘‘Assistant Secretary of

25 Defense for Health Affairs’’ and inserting in lieu
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1 thereof ‘‘official in the Department of Defense

2 with principal responsibility for health affairs’’;

3 and

4 (B) by striking out ‘‘Chief Medical Director

5 of the Department of Veterans Affairs’’ and in6 serting in lieu thereof ‘‘Under Secretary for

7 Health of the Department of Veterans Affairs’’.

8 (4) Section 1216(d) is amended by striking out

9 ‘‘Assistant Secretary of Defense for Health Affairs’’

10 and inserting in lieu thereof ‘‘official in the Depart11 ment of Defense with principal responsibility for

12 health affairs’’.

13 (5) Section 1587(d) is amended by striking out

14 ‘‘Assistant Secretary of Defense for Manpower and

15 Logistics’’ and inserting in lieu thereof ‘‘official in

16 the Department of Defense with principal responsibil17 ity for personnel and readiness’’.

18 (6) The text of section 10201 is amended to read

19 as follows:

20 ‘‘The official in the Department of Defense with re21 sponsibility for overall supervision of reserve component af22 fairs of the Department of Defense is the official designated

23 by the Secretary of Defense to have that responsibility.’’.
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1 (j) CONFORMING AMENDMENTS RELATING TO OPER2 ATIONAL TEST AND EVALUATION AUTHORITY.—Section

3 2399 of such title is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (2)—

6 (i) by inserting ‘‘a conventional weap7 ons system that’’ after ‘‘means’’ in the mat8 ter preceding subparagraph (A); and

9 (ii) in subparagraph (A), by striking

10 out ‘‘a conventional weapons system that’’;

11 and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(3) The Secretary of Defense shall designate an offi15 cial of the Department of Defense to perform the duties of

16 the position referred to in this section as the ‘designated

17 OT&E official’.’’;

18 (2) in subsection (b)—

19 (A) by striking out ‘‘Director of Operational

20 Test and Evaluation of the Department of De21 fense’’ in paragraph (1) and inserting in lieu

22 thereof ‘‘designated OT&E official’’; and

23 (B) by striking out ‘‘Director’’ each place it

24 appears in paragraphs (2) and (3) and inserting

25 in lieu thereof ‘‘designated OT&E official’’;
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1 (3) in subsection (c), by striking out ‘‘Director of

2 Operational Test and Evaluation of the Department

3 of Defense’’ and inserting in lieu thereof ‘‘designated

4 OT&E official’’;

5 (4) in subsection (e), by striking out ‘‘Director’’

6 each place it appears and inserting in lieu thereof

7 ‘‘designated OT&E official’’;

8 (5) by striking out subsection (g); and

9 (6) by redesignating subsection (h) as subsection

10 (g).

11 (k) OTHER CONFORMING AMENDMENT.—Section

12 1211(b)(2) of the National Defense Authorization Act for

13 Fiscal Year 1988 and 1989 (P.L. 100–180; 101 Stat 1155;

14 10 U.S.C. 167 note) is amended by striking out ‘‘the Assist15 ant Secretary of Defense for Special Operations and Low

16 Intensity Conflict’’ and inserting in lieu thereof ‘‘the official

17 designated by the Secretary of Defense to have principal

18 responsibility for matters relating to special operations and

19 low intensity conflict’’.

20 SEC. 902. RESTRUCTURING OF DEPARTMENT OF DEFENSE

21 ACQUISITION ORGANIZATION AND

22 WORKFORCE.

23 (a) RESTRUCTURING REPORT.—Not later than March

24 1, 1996, the Secretary of Defense shall submit to Congress
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1 a report on the acquisition organization and workforce of

2 the Department of Defense. The report shall include—

3 (1) the plan described in subsection (b); and

4 (2) the assessment of streamlining and restruc5 turing options described in subsection (c).

6 (b) PLAN FOR RESTRUCTURING.—(1) The Secretary

7 shall include in the report under subsection (a) a plan on

8 how to restructure the current acquisition organization of

9 the Department of Defense in a manner that would enable

10 the Secretary to accomplish the following:

11 (A) Reduce the number of military and civilian

12 personnel assigned to, or employed in, acquisition or13 ganizations of the Department of Defense by 25 per14 cent over a period of four years, as required by sub15 section (d).

16 (B) Eliminate duplication of functions among

17 existing acquisition organizations of the Department

18 of Defense.

19 (C) Maximize opportunity for consolidation

20 among acquisition organizations of the Department of

21 Defense to reduce management overhead.

22 (2) In the report, the Secretary shall also identify any

23 statutory requirement or congressional directive that inhib24 its any proposed restructuring plan or reduction in the size

25 of the defense acquisition organization.
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1 (3) In designing the plan under paragraph (1), the

2 Secretary shall give full consideration to the process effi3 ciencies expected to be achieved through the implementation

4 of the Federal Acquisition Streamlining Act of 1994 (Public

5 Law 103–355) and other ongoing initiatives to increase the

6 use of commercial practices and reduce contract overhead

7 in the defense procurement system.

8 (c) ASSESSMENT OF SPECIFIED RESTRUCTURING OP9 TIONS.—The Secretary shall include in the report under

10 subsection (a) a detailed assessment of each of the following

11 options for streamlining and restructuring the existing de12 fense acquisition organization, together with a specific rec13 ommendation as to whether each such option should be im14 plemented:

15 (1) Consolidation of certain functions of the De16 fense Contract Audit Agency and the Defense Contract

17 Management Command.

18 (2) Contracting for performance of a significant

19 portion of the workload of the Defense Contract Audit

20 Agency and other Defense Agencies that perform ac21 quisition functions.

22 (3) Consolidation or selected elimination of De23 partment of Defense acquisition organizations.
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1 (4) Any other defense acquisition infrastructure

2 streamlining or restructuring option the Secretary

3 may determine.

4 (d) REDUCTION OF ACQUISITION WORKFORCE.—(1)

5 Effective as of October 1, 1998, the total number of defense

6 acquisition personnel may not exceed 75 percent of the total

7 number of defense acquisition personnel as of October 1,

8 1994.

9 (2) In carrying out paragraph (1), the Secretary of

10 Defense shall exempt personnel who possess technical com11 petence in trade-skill maintenance and repair positions in12 volved in performing depot maintenance functions for the

13 Department of Defense.

14 (3) In carrying out paragraph (1), the Secretary of

15 Defense shall accomplish reductions in defense acquisition

16 personnel positions during fiscal year 1996 so that the total

17 number of such personnel as of October 1, 1996, is less than

18 the total number of such personnel as of October 1, 1995,

19 by at least 30,000.

20 (4) For purposes of this section, the term ‘‘defense ac21 quisition personnel’’ means military and civilian personnel

22 of the Department of Defense assigned to, or employed in,

23 acquisition organizations of the Department of Defense.

24 (e) ACQUISITION ORGANIZATION DEFINED.—For pur25 poses of this section, acquisition organizations of the De-
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1 partment of Defense are those organizations specified in De2 partment of Defense Instruction Numbered 5000.58, dated

3 January 14, 1992.

4 SEC. 903. PLAN FOR INCORPORATION OF DEPARTMENT OF

5 ENERGY NATIONAL SECURITY FUNCTIONS IN

6 DEPARTMENT OF DEFENSE.

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

8 shall submit to Congress a report setting forth the Sec9 retary’s plan for the incorporation into the Department of

10 Defense of the national security programs of the Depart11 ment of Energy. The plan submitted shall be one which

12 could be implemented if the Department of Energy is abol13 ished and the national security programs of that depart14 ment are transferred to the Department of Defense and con15 solidated with programs of the Department of Defense.

16 (b) MATTERS TO BE INCLUDED.—The plan submitted

17 in the report under subsection (a) shall include the follow18 ing:

19 (1) A detailed plan for the integration into the

20 Department of Defense of the offices and laboratories

21 of the Department of Energy which could be antici22 pated to be transferred to the Department of Defense

23 as part of such a transfer of functions.
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1 (2) An assessment of the personnel end-strength

2 reductions estimated to be achieved as a result of such

3 a transfer of functions.

4 (3) An assessment of costs, or savings, associated

5 with the various transfer of function options.

6 (4) An identification of all applicable provisions

7 of law that may inhibit or preclude such a transfer

8 of functions.

9 (c) PRESERVATION OF INTEGRITY OF DOE NATIONAL

10 SECURITY PROGRAMS.—In developing the plan under sub11 section (a), the Secretary shall make every effort to ensure

12 that the mission and functioning of the national security

13 programs of the Department of Energy are not unduly af14 fected adversely during the transfer of those functions to the

15 Department of Defense and the consolidation of those func16 tions into activities of the Department.

17 (d) SUBMISSION OF REPORT.—The report required

18 under subsection (a) shall be submitted not later than Feb19 ruary 1, 1996.

20 SEC. 904. CHANGE IN TITLES OF CERTAIN MARINE CORPS

21 GENERAL OFFICER BILLETS RESULTING

22 FROM REORGANIZATION OF THE HEAD23 QUARTERS, MARINE CORPS.

24 (a) HEADQUARTERS, MARINE CORPS, FUNCTION;

25 COMPOSITION.—Subsection (b) of section 5041 of title 10,
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1 United States Code, is amended by striking out paragraphs

2 (2) through (5) and inserting in lieu thereof the following:

3 ‘‘(2) The Vice Commandant of the Marine Corps.

4 ‘‘(3) The Director of the Marine Corps Staff.

5 ‘‘(4) The Deputy Commandants of the Marine

6 Corps.

7 ‘‘(5) The Assistant Commandants of the Marine

8 Corps.’’.

9 (b) VICE COMMANDANT.—(1) Section 5044 of such title

10 is amended by striking out ‘‘Assistant Commandant’’ each

11 place it appears and inserting in lieu thereof ‘‘Vice Com12 mandant’’.

13 (2) The heading of such section is amended to read

14 as follows:

15 ‘‘§ 5044. Vice Commandant of the Marine Corps’’.

16 (c) DIRECTOR OF THE MARINE CORPS STAFF; DEPUTY

17 AND ASSISTANT COMMANDANTS.—Section 5045 of such title

18 is amended to read as follows:

19 ‘‘§ 5045. Director of the Marine Corps Staff; Deputy

20 and Assistant Commandants

21 ‘‘(a) There are in the Headquarters, Marine Corps, the

22 following:

23 ‘‘(1) A Director of the Marine Corps Staff.

24 ‘‘(2) Not more than five Deputy Commandants

25 of the Marine Corps.
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1 ‘‘(3) Not more than three Assistant Com2 mandants of the Marine Corps.

3 ‘‘(b) The officers specified in subsection (a) shall be de4 tailed by the Secretary of the Navy from officers on the ac5 tive-duty list of the Marine Corps.’’.

6 (d) CLERICAL AMENDMENT.—The items relating to

7 sections 5044 and 5045 in the table of sections at the begin8 ning of chapter 506 of such title are amended to read as

9 follows:

‘‘5044. Vice Commandant of the Marine Corps.

‘‘5045. Director of the Marine Corps Staff; Deputy and Assistant Commandants.’’.

10 SEC. 905. INCLUSION OF INFORMATION RESOURCES MAN11 AGEMENT COLLEGE IN THE NATIONAL DE12 FENSE UNIVERSITY.

13 (a) TECHNICAL AMENDMENT AND ADDITION OF INFOR14 MATION RESOURCES MANAGEMENT COLLEGE TO THE DEF15 INITION OF THE NATIONAL DEFENSE UNIVERSITY.—Sec16 tion 1595(d)(2) of title 10, United States Code, is amended

17 by striking out ‘‘the Institute for National Strategic

18 Study,’’ and inserting in lieu thereof ‘‘the Institute for Na19 tional Strategic Studies, the Information Resources Man20 agement College,’’.

21 (b) CONFORMING AMENDMENT.—Section 2162(d)(2) of

22 such title is amended by inserting ‘‘the Institute for Na23 tional Strategic Studies, the Information Resources Man24 agement College,’’ after ‘‘the Armed Forces Staff College,’’.
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1 SEC. 906. EMPLOYMENT OF CIVILIANS AT THE ASIA-PACIFIC

2 CENTER FOR SECURITY STUDIES.

3 Section 1595 of title 10, United States Code, is amend4 ed—

5 (1) in subsection (c), by adding at the end the

6 following new paragraph:

7 ‘‘(4) The Asia-Pacific Center for Security Stud8 ies.’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DIREC12 TOR AT ASIA-PACIFIC CENTER FOR SECURITY STUDIES.—

13 In the case of the Asia-Pacific Center for Security Studies,

14 this section also applies with respect to the Director and

15 the Deputy Director.’’.

16 SEC. 907. CONTINUED OPERATION OF UNIFORMED SERV17 ICES UNIVERSITY OF THE HEALTH SCIENCES.

18 (a) CLOSURE PROHIBITED.—In light of the important

19 role of the Uniformed Services University of the Health

20 Sciences in providing trained health care providers for the

21 uniformed services, Congress reaffirms the requirement con22 tained in section 922 of the National Defense Authorization

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

24 2829) that the Uniformed Services University of the Health

25 Sciences may not be closed.
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1 (b) BUDGETARY COMMITMENT TO CONTINUATION.—It

2 is the sense of Congress that the Secretary of Defense should

3 budget for the operation of the Uniformed Services Univer4 sity of the Health Sciences during fiscal year 1997 at a

5 level at least equal to the level of operations conducted at

6 the University during fiscal year 1995.

7 SEC. 908. REDESIGNATION OF ADVANCED RESEARCH

8 PROJECTS AGENCY.

9 (a) REDESIGNATION.—The agency in the Department

10 of Defense known as the Advanced Research Projects Agency

11 shall after the date of the enactment of this Act be des12 ignated as the Defense Advanced Research Projects Agency.

13 (b) REFERENCES.—Any reference in any law, regula14 tion, document, record, or other paper of the United States

15 to the Advanced Research Projects Agency shall be consid16 ered to be a reference to the Defense Advanced Research

17 Projects Agency.

18 TITLE X—GENERAL PROVISIONS

19 Subtitle A—Financial Matters

20 SEC. 1001. TRANSFER AUTHORITY.

21 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

22 Upon determination by the Secretary of Defense that such

23 action is necessary in the national interest, the Secretary

24 may transfer amounts of authorizations made available to

25 the Department of Defense in this division for fiscal year
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1 1996 between any such authorizations for that fiscal year

2 (or any subdivisions thereof). Amounts of authorizations so

3 transferred shall be merged with and be available for the

4 same purposes as the authorization to which transferred.

5 (2) The total amount of authorizations that the Sec6 retary of Defense may transfer under the authority of this

7 section may not exceed $2,000,000,000.

8 (b) LIMITATIONS.—The authority provided by this sec9 tion to transfer authorizations—

10 (1) may only be used to provide authority for

11 items that have a higher priority than the items from

12 which authority is transferred; and

13 (2) may not be used to provide authority for an

14 item that has been denied authorization by Congress.

15 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans16 fer made from one account to another under the authority

17 of this section shall be deemed to increase the amount au18 thorized for the account to which the amount is transferred

19 by an amount equal to the amount transferred.

20 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

21 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

22 Annex prepared by the Committee on National Security of

23 the House of Representatives to accompany the bill H.R.

24 1530 of the One Hundred Fourth Congress and transmitted

25 to the President is hereby incorporated into this Act.
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1 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

2 ACT.—The amounts specified in the Classified Annex are

3 not in addition to amounts authorized to be appropriated

4 by other provisions of this Act.

5 (c) LIMITATION ON USE OF FUNDS.—Funds appro6 priated pursuant to an authorization contained in this Act

7 that are made available for a program, project, or activity

8 referred to in the Classified Annex may only be expended

9 for such program, project, or activity in accordance with

10 such terms, conditions, limitations, restrictions, and re11 quirements as are set out for that program, project, or activ12 ity in the Classified Annex.

13 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

14 President shall provide for appropriate distribution of the

15 Classified Annex, or of appropriate portions of the annex,

16 within the executive branch of the Government.

17 SEC. 1003. IMPROVED FUNDING MECHANISMS FOR

18 UNBUDGETED OPERATIONS.

19 (a) REVISION OF FUNDING MECHANISM.—(1) Chapter

20 3 of title 10, United States Code, is amended by striking

21 out section 127a and inserting in lieu thereof the following:
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1 ‘‘§ 127a. Operations for which funds are not provided

2 in advance: funding mechanisms

3 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall

4 use the procedures prescribed by this section with respect

5 to any operation of the Department of Defense—

6 ‘‘(A) that involves the deployment (other than for

7 a training exercise) of elements of the armed forces for

8 a purpose other than a purpose for which funds have

9 been specifically provided in advance; or

10 ‘‘(B) that involves humanitarian assistance, dis11 aster relief, or support for law enforcement (including

12 immigration control) for which funds have not been

13 specifically provided in advance.

14 ‘‘(2) Whenever any operation described in paragraph

15 (1) is commenced, the Secretary of Defense shall designate

16 and identify that operation for the purposes of this section

17 and shall promptly notify Congress of that designation (and

18 of the identification of the operation).

19 ‘‘(3) This section does not provide authority for the

20 President or the Secretary of Defense to carry out any oper21 ation, but establishes mechanisms for the Department of De22 fense by which funds are provided for operations that the

23 armed forces are required to carry out under some other

24 authority.

25 ‘‘(b) WAIVER OF REQUIREMENT TO REIMBURSE SUP26 PORT UNITS.—(1) The Secretary of Defense shall direct
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1 that, when a unit of the armed forces participating in an

2 operation described in subsection (a) receives services from

3 an element of the Department of Defense that operates

4 through the Defense Business Operations Fund (or a succes5 sor fund), such unit of the armed forces may not be required

6 to reimburse that element for the incremental costs incurred

7 by that element in providing such services, notwithstanding

8 any other provision of law or any Government accounting

9 practice.

10 ‘‘(2) The amounts which but for paragraph (1) would

11 be required to be reimbursed to an element of the Depart12 ment of Defense (or a fund) shall be recorded as an expense

13 attributable to the operation and shall be accounted for sep14 arately.

15 ‘‘(c) TRANSFER AUTHORITY.—(1) Whenever there is

16 an operation of the Department of Defense described in sub17 section (a), the Secretary of Defense may, subject to the pro18 visions of appropriations Acts, transfer amounts described

19 in paragraph (3) to accounts from which incremental ex20 penses for that operation were incurred in order to reim21 burse those accounts for those incremental expenses.

22 Amounts so transferred shall be merged with and be avail23 able for the same purposes as the accounts to which trans24 ferred.
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1 ‘‘(2) The total amount that the Secretary of Defense

2 may transfer under the authority of this section in any fis3 cal year is $200,000,000.

4 ‘‘(3) Transfers under this subsection may only be made

5 from amounts appropriated to the Department of Defense

6 for any fiscal year that remain available for obligation

7 from any of the following accounts:

8 ‘‘(A) Environmental Restoration, Defense.

9 ‘‘(B) Cooperative Threat Reduction programs.

10 ‘‘(C) Overseas Humanitarian, Disaster, and

11 Civic Aid (OHDACA) programs.

12 ‘‘(D) Operations and Maintenance, Defense-Wide

13 (but only from funds available for administration

14 and service-wide activities).

15 ‘‘(4) The authority provided by this subsection is in

16 addition to any other authority provided by law authoriz17 ing the transfer of amounts available to the Department of

18 Defense. However, the Secretary may not use any such au19 thority under another provision of law for a purpose de20 scribed in paragraph (1) if there is authority available

21 under this subsection for that purpose.

22 ‘‘(5) The authority provided by this subsection to

23 transfer amounts may not be used to provide authority for

24 an activity that has been denied authorization by Congress.
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1 ‘‘(6) A transfer made from one account to another

2 under the authority of this subsection shall be deemed to

3 increase the amount authorized for the account to which

4 the amount is transferred by an amount equal to the

5 amount transferred.

6 ‘‘(d) FINANCIAL PLAN.—(1) Within 30 days after the

7 beginning of an operation described in subsection (a), the

8 Secretary of Defense shall submit to Congress a financial

9 plan for the operation that sets forth the manner by which

10 the Secretary proposes to obtain funds for the cost to the

11 United States of the operation. The plan shall specify in

12 detail how the Secretary proposes to restore balances in the

13 Defense Business Operations Fund (or a successor fund) to

14 the levels that would have been anticipated but for the pro15 visions of subsection (b). The Secretary may not include

16 in such a plan a means to restore such balances that is

17 prohibited by paragraph (2) or (4).

18 ‘‘(2) The Secretary may not restore (or propose in a

19 plan under paragraph (1) to restore) balances in the De20 fense Business Operations Fund through increases in rates

21 charged by that fund in order to compensate for costs in22 curred and not reimbursed due to subsection (b).

23 ‘‘(3) If the Secretary of Defense transfers funds under

24 subsection (c), the Secretary shall submit to Congress, with25 in 30 days of such transfer, a plan for the restoration of
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1 the balance in the each account from which the transfer was

2 made to the level that would have been the case but for the

3 transfer.

4 ‘‘(4) The Secretary may not restore (or propose in a

5 plan under paragraph (1) or (3) to restore) balances in any

6 the Defense Business Operations Fund or any other fund

7 or account through the use of unobligated amounts in an

8 appropriation made for operation and maintenance that

9 are available within that appropriation for an account

10 (known as a budget activity 1 account) that is specified

11 as being for operating forces.

12 ‘‘(e) SUBMISSION OF REQUESTS FOR SUPPLEMENTAL

13 APPROPRIATIONS.—(1) Whenever there is an operation de14 scribed in subsection (a), the President shall submit to Con15 gress a request for the enactment of supplemental appro16 priations for the then-current fiscal year, to be designated

17 as an emergency supplemental appropriations, in order to

18 provide funds to replenish the Defense Business Operations

19 Fund or any other fund or account of the Department of

20 Defense from which funds for the incremental expenses of

21 that operation were derived under this section.

22 ‘‘(2) A request under paragraph (1) shall be submitted

23 not later than the earlier of (A) the time at which incremen24 tal expenses for the operation exceed $10,000,000, or (B)

25 90 days after the date on which the operation begins. The
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1 request shall be submitted as a separate request from any

2 other legislative proposal.

3 ‘‘(f) INCREMENTAL COSTS.—For purposes of this sec4 tion, incremental costs of the Department of Defense with

5 respect to an operation are the costs of the Department that

6 are directly attributable to the operation (and would not

7 have been incurred but for the operation).

8 ‘‘(g) RELATIONSHIP TO WAR POWERS RESOLUTION.—

9 This section may not be construed as altering or supersed10 ing the War Powers Resolution. This section does not pro11 vide authority to conduct any military operation.

12 ‘‘(h) GAO COMPLIANCE REVIEWS.—The Comptroller

13 General of the United States shall from time to time, and

14 when requested by a committee of Congress, conduct a re15 view of the defense funding structure under this section to

16 determine whether the Department of Defense is complying

17 with the requirements and limitations of this section.

18 ‘‘§ 127b. Budgeting for ongoing operations

19 ‘‘(a) REQUIREMENT FOR INCLUSION IN BUDGET.—In

20 the case of an operation of the Department of Defense de21 scribed in subsection (c), the President shall include with

22 the budget submitted to Congress pursuant to section 1105

23 of title 31 for the next fiscal year a specific request for en24 actment of legislation to provide for the provision of funds

25 for such operation for that fiscal year in a manner that
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1 will result in there not being a lower amount of funds avail2 able to the Department of Defense for that fiscal year than

3 would be the case if that operation were not carried out

4 during that year. Such a request shall include one or more

5 of the following:

6 ‘‘(1) A request for enactment of appropriation of

7 funds for the incremental costs for that operation that

8 are expected to be incurred by the Department of De9 fense during the fiscal year for which the budget is

10 submitted, with such funds to be provided in, and

11 charged to, a budget function other than the national

12 defense budget function (function 050).

13 ‘‘(2) A request for enactment of appropriation of

14 funds for the incremental costs for that operation that

15 are expected to be incurred by the Department of De16 fense during the fiscal year for which the budget is

17 submitted, with such designations or waivers as may

18 be necessary to ensure that (if enacted) such appro19 priations are not counted against the total amount of

20 funds for the Department of Defense, or for the na21 tional defense budget function, for purpose of any

22 statutory limitation or restriction.

23 ‘‘(3) A request for enactment of rescissions.

24 ‘‘(b) LIMITATION.—In the case of any operation to

25 which the requirement of subsection (a) applies, no funds
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1 may be obligated or expended for that operation after the

2 beginning of the fiscal year for which the budget is submit3 ted if the requirement in subsection (a) is not complied

4 with.

5 ‘‘(c) COVERED OPERATIONS.—This section applies

6 with respect to any operation of the Department of Defense

7 involving the use of the Armed Forces that—

8 ‘‘(1) is ongoing in the first quarter of a fiscal

9 year;

10 ‘‘(2) is not expected to end during the current

11 fiscal year;

12 ‘‘(3) for which appropriations were not specifi13 cally provided in advance for the current fiscal year.

14 ‘‘(d) WAIVER AUTHORITY.—The President may waive

15 the provisions of this section for any fiscal year—

16 ‘‘(1) during which there is in effect a declaration

17 of war; or

18 ‘‘(2) during which authority is in effect pursuant

19 to section 12302 of this title to order units and mem20 bers of the Ready Reserve to active duty without the

21 consent of the persons concerned.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by striking out the item relating to section

24 127a and inserting in lieu thereof the following:

‘‘127a. Operations for which funds are not provided in advance: funding mechanisms.

‘‘127b. Budgeting for ongoing operations.’’.
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1 (b) EFFECTIVE DATE.—The amendment to section

2 127a of title 10, United States Code, made by subsection

3 (a) shall take effect on October 1, 1995, and shall apply

4 to any operation of the Department of Defense, whether

5 begun before, on, or after such date. In the case of any oper6 ation begun before such date, any reference in such section

7 to the date of the beginning of such operation shall be treat8 ed as referring to the effective date under the preceding sen9 tence.

10 SEC. 1004. DESIGNATION AND LIABILITY OF DISBURSING

11 AND CERTIFYING OFFICIALS.

12 (a) DISBURSING OFFICIALS.—(1) Section 3321(c) of

13 title 31, United States Code, is amended by striking out

14 paragraph (2) and inserting in lieu thereof the following:

15 ‘‘(2) The Department of Defense.

16 ‘‘(3) The Coast Guard (when not operating as a

17 service in the Navy).’’.

18 (2) Section 2773 of title 10, United States Code, is

19 amended—

20 (A) in subsection (a)—

21 (i) by striking out ‘‘With the approval of

22 the Secretary of a military department when the

23 Secretary considers it necessary, a disbursing of24 ficial of the military department’’ and inserting

25 in lieu thereof ‘‘Subject to paragraph (3), a dis-
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1 bursing official of the Department of Defense’’;

2 and

3 (ii) by adding at the end the following new

4 paragraph:

5 ‘‘(3) A disbursing official may make a designation

6 under paragraph (1) only with the approval of the Sec7 retary of Defense or, in the case of a disbursing official of

8 a military department, the Secretary of that military de9 partment.’’; and

10 (B) in subsection (b)(1)—

11 (i) by striking out ‘‘any military depart12 ment’’ and inserting in lieu thereof ‘‘the Depart13 ment of Defense’’; and

14 (ii) by striking out ‘‘2d month’’ and insert15 ing in lieu thereof ‘‘second month’’.

16 (b) DESIGNATION OF MEMBERS OF THE ARMED

17 FORCES TO HAVE AUTHORITY TO CERTIFY VOUCHERS.—

18 (1) Section 3325(b) of title 31, United States Code, is

19 amended to read as follows:

20 ‘‘(b) In addition to officers and employees referred to

21 in subsection (a)(1)(B) of this section as having authoriza22 tion to certify vouchers, the Secretary of Defense and the

23 Secretary of Transportation (with respect to the Coast

24 Guard when it is not operating as a service in the Navy)
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1 may authorize, in writing, members of the armed forces

2 under their jurisdiction to certify vouchers.’’.

3 (2) Section 3528(d) of title 31, United States Code,

4 is repealed.

5 (c) RELIEF OF ACCOUNTABLE OFFICIALS AND AGENTS

6 FROM LIABILITY.—Section 3527(b)(1) of title 31, United

7 States Code, is amended—

8 (1) by striking out ‘‘armed forces’’ in the matter

9 preceding subparagraph (A) and inserting in lieu

10 thereof ‘‘Department of Defense or the Coast Guard’’;

11 and

12 (2) in subparagraph (A), by striking out ‘‘appro13 priate Secretary of the military department of the De14 partment of Defense’’ and inserting in lieu thereof

15 ‘‘Secretary of Transportation (with respect to the

16 Coast Guard when it is not operating as a service in

17 the Navy)’’.

18 (d) CONFORMING AMENDMENTS.—(1) Section 1012 of

19 title 37, United States Code, is amended by striking out

20 ‘‘Secretary concerned’’ both places it appears and inserting

21 in lieu thereof ‘‘Secretary of Defense’’.

22 (2)(A) Section 7863 of title 10, United States Code,

23 is amended—
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1 (i) in the first sentence, by striking out ‘‘dis2 bursements of public moneys or’’ and ‘‘the money was

3 paid or’’; and

4 (ii) in the second sentence, by striking out ‘‘dis5 bursement or’’.

6 (B)(i) The heading of such section is amended to read

7 as follows:

8 ‘‘§ 7863. Disposal of public stores by order of com9 manding officer’’.

10 (ii) The item relating to such section in the table of

11 sections at the beginning of chapter 661 of such title is

12 amended to read as follows:

‘‘7863. Disposal of public stores by order of commanding officer.’’.

13 SEC. 1005. AUTHORITY FOR OBLIGATION OF CERTAIN UN14 AUTHORIZED FISCAL YEAR 1995 DEFENSE AP15 PROPRIATIONS.

16 (a) AUTHORITY.—The amounts described in subsection

17 (b) may be obligated and expended for programs, projects,

18 and activities of the Department of Defense in accordance

19 with fiscal year 1995 defense appropriations.

20 (b) COVERED AMOUNTS.—The amounts referred to in

21 subsection (a) are the amounts provided for programs,

22 projects, and activities of the Department of Defense in fis23 cal year 1995 defense appropriations that are in excess of

24 the amounts provided for such programs, projects, and ac25 tivities in fiscal year 1995 defense authorizations.
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1 (c) DEFINITIONS.—For the purposes of this section:

2 (1) FISCAL YEAR 1995 DEFENSE APPROPRIA3 TIONS.—The term ‘‘fiscal year 1995 defense appro4 priations’’ means amounts appropriated or otherwise

5 made available to the Department of Defense for fiscal

6 year 1995 in the Department of Defense Appropria7 tions Act, 1995 (Public Law 103–335).

8 (2) FISCAL YEAR 1995 DEFENSE AUTHORIZA9 TIONS.—The term ‘‘fiscal year 1995 defense author10 izations’’ means amounts authorized to be appro11 priated for the Department of Defense for fiscal year

12 1995 in the National Defense Authorization Act for

13 Fiscal Year 1995 (Public Law 103–337).

14 SEC. 1006. AUTHORIZATION OF PRIOR EMERGENCY SUPPLE15 MENTAL APPROPRIATIONS FOR FISCAL YEAR

16 1995.

17 (a) ADJUSTMENT TO PREVIOUS AUTHORIZATIONS.—

18 Amounts authorized to be appropriated to the Department

19 of Defense for fiscal year 1995 in the National Defense Au20 thorization Act for Fiscal Year 1995 (Public Law 103–337)

21 are hereby adjusted, with respect to any such authorized

22 amount, by the amount by which appropriations pursuant

23 to such authorization were increased (by a supplemental

24 appropriation) or decreased (by a rescission), or both, in

25 title I of the Emergency Supplemental Appropriations and
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1 Rescissions for the Department of Defense to Preserve and

2 Enhance Military Readiness Act of 1995 (Public Law 104–

3 6).

4 (b) NEW AUTHORIZATION.—The appropriation pro5 vided in section 104 of such Act is hereby authorized.

6 SEC. 1007. PROHIBITION OF INCREMENTAL FUNDING OF

7 PROCUREMENT ITEMS.

8 Section 114 of title 10, United States Code, is amended

9 by adding at the end the following new subsection:

10 ‘‘(f)(1) No funds may be appropriated, or authorized

11 to be appropriated, for any fiscal year for a purpose named

12 in paragraph (1), (3), (4), or (5) of subsection (a) using

13 incremental funding.

14 ‘‘(2) In the budget submitted by the President for any

15 fiscal year, the President may not request appropriations,

16 or authorization of appropriations, on the basis of incre17 mental funding for a purpose specified in paragraph (1).

18 ‘‘(3) In this subsection, the term ‘incremental funding’

19 means the provision of funds for a fiscal year for a procure20 ment in less than the full amount required for procurement

21 of a complete and usable product, with the expectation (or

22 plan) for additional funding to be made for subsequent fis23 cal years to complete the procurement of a complete and

24 usable product.
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1 ‘‘(4) This subsection does not apply with respect to

2 funding classified as advance procurement funding.’’.

3 Subtitle B—Naval Vessels and

4 Shipyards

5 SEC. 1021. CONTRACT OPTIONS FOR LMSR VESSELS.

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

7 (1) A requirement for the Department of the

8 Navy to acquire 19 large, medium-speed, roll-on/roll9 off (LMSR) vessels was established by the Secretary of

10 Defense in the Mobility Requirements Study con11 ducted after the Persian Gulf War pursuant to section

12 909 of the National Defense Authorization Act for

13 Fiscal Year 1991 (Public law 101–510; 104 Stat.

14 1623) and was revalidated by the Secretary of De15 fense in the report entitled ‘‘Mobility Requirements

16 Study Bottom-Up Review Update’’, submitted to Con17 gress in April 1995.

18 (2) The Strategic Sealift Program is a vital ele19 ment of the national military strategy calling for the

20 Nation to be able to fight and win two nearly simul21 taneous major regional contingencies.

22 (3) The Secretary of the Navy has entered into

23 contracts with shipyards covering acquisition of a

24 total of 17 such LMSR vessels, of which five are vessel

25 conversions and 12 are new construction vessels.
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1 Under those contracts, the Secretary has placed orders

2 for the acquisition of 11 vessels and has options for

3 the acquisition of six more, all of which would be new

4 construction vessels. The options allow the Secretary

5 to place orders for one vessel to be constructed at each

6 of two shipyards for award before December 31, 1995,

7 December 31, 1996, and December 31, 1997, respec8 tively.

9 (4) Acquisition of an additional two such LMSR

10 vessels, for a total of 19 vessels (the requirement de11 scribed in paragraph (1)) would contribute to preser12 vation of the industrial base of United States ship13 yards capable of building auxiliary and sealift ves14 sels.

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

16 that the Secretary of the Navy should plan for, and budget

17 to provide for, the acquisition as soon as possible of a total

18 of 19 large, medium-speed, roll-on/roll-off (LMSR) vessels

19 (the number determined to be required in the Mobility Re20 quirements Study referred to in subsection (a)(1)), rather

21 than only 17 such vessels (the number of vessels under con22 tract as of May 1995).

23 (c) ADDITIONAL NEW CONSTRUCTION CONTRACT OP24 TION.—The Secretary of the Navy should negotiate with

25 each of the two shipyards holding new construction con-
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1 tracts referred to in subsection (a)(3) (Department of the

2 Navy contracts numbered N00024–93–C–2203 and

3 N00024–93–C–2205) for an option under each such con4 tract for construction of one additional such LMSR vessel,

5 with such option to be available to the Secretary for exercise

6 during 1995, 1996, or 1997.

7 (d) REPORT.—The Secretary of the Navy shall submit

8 to the congressional defense committees, by March 31, 1996,

9 a report stating the intentions of the Secretary regarding

10 the acquisition of options for the construction of two addi11 tional LMSR vessels as described in subsection (c).

12 SEC. 1022. VESSELS SUBJECT TO REPAIR UNDER PHASED

13 MAINTENANCE CONTRACTS.

14 (a) IN GENERAL.—(1) Chapter 633 of title 10, United

15 States Code, is amended by adding at the end the following

16 new section:

17 ‘‘§ 7315. Phased maintenance contracts: vessels cov18 ered

19 ‘‘In any case in which the Secretary of the Navy enters

20 into a contract for the phased maintenance of a class of

21 vessels or vessels of an identified type, the Secretary shall

22 ensure that—

23 ‘‘(1) any vessel that is covered by the contract

24 when it is entered into remains covered by the con25 tract, regardless of operating command to which the
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1 vessel is subsequently assigned, unless the vessel is

2 taken out of service for the Department of the Navy;

3 and

4 ‘‘(2) any vessel of a class or type covered by the

5 contract that is delivered to the Navy while the con6 tract is in effect is covered by the contract.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘7315. Phased maintenance contracts: vessels covered.’’.

9 (b) EFFECTIVE DATE.—Section 7315 of title 10, United

10 States Code, as added by subsection (a), shall apply with

11 respect to contracts entered into after the date of the enact12 ment of this Act.

13 SEC. 1023. CLARIFICATION OF REQUIREMENTS RELATING

14 TO REPAIRS OF VESSELS.

15 Section 7310(a) of title 10, United States Code, is

16 amended by inserting ‘‘or Guam’’ after ‘‘the United States’’

17 the second place it appears.

18 SEC. 1024. NAMING OF NAVAL VESSEL.

19 It is the sense of Congress that the Secretary of the

20 Navy should name an appropriate ship of the United States

21 Navy the U.S.S. Joseph Vittori, in honor of Marine Cor22 poral Joseph Vittori (1929–1951) of Beverly, Massachusetts,

23 who was posthumously awarded the Medal of Honor for ac24 tions against the enemy in Korea on September 15–16,

25 1951.
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1 SEC. 1025. TRANSFER OF RIVERINE PATROL CRAFT.

2 (a) AUTHORITY TO TRANSFER VESSEL.—Notwith3 standing subsections (a) and (d) of section 7306 of title 10,

4 United States Code, but subject to subsections (b) and (c)

5 of that section, the Secretary of the Navy may transfer a

6 vessel described in subsection (b) to Tidewater Community

7 College, Portsmouth, Virginia, for scientific and edu8 cational purposes.

9 (b) VESSEL.—The authority under subsection (a) ap10 plies in the case of a riverine patrol craft of the U.S.S.

11 Swift class.

12 (c) LIMITATION.—The transfer authorized by sub13 section (a) may be made only if the Secretary determines

14 that the vessel to be transferred is of no further use to the

15 United States for national security purposes.

16 (d) TERMS AND CONDITIONS.—The Secretary may re17 quire such terms and conditions in connection with the

18 transfer authorized by this section as the Secretary consid19 ers appropriate.
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1 Subtitle C—Other Matters

2 SEC. 1031. TERMINATION AND MODIFICATION OF AUTHORI3 TIES REGARDING NATIONAL DEFENSE TECH4 NOLOGY AND INDUSTRIAL BASE, DEFENSE

5 REINVESTMENT, AND DEFENSE CONVERSION

6 PROGRAMS.

7 (a) CONGRESSIONAL DEFENSE POLICY.—Section 2501

8 of title 10, United States Code, is amended—

9 (1) in subsection (a), by striking out paragraph

10 (5); and

11 (2) in subsection (b)—

12 (A) by striking out ‘‘DEFENSE REINVEST13 MENT, DIVERSIFICATION, AND CONVERSION’’ in

14 the subsection heading and inserting in lieu

15 thereof ‘‘TECHNOLOGY DEVELOPMENT FOR NA16 TIONAL SECURITY’’;

17 (B) by striking out ‘‘, during a period of re18 duction in defense expenditures,’’ in the matter

19 preceding paragraph (1);

20 (C) by striking out ‘‘of reinvestment, diver21 sification, and conversion of defense resources’’

22 in the matter preceding paragraph (1); and

23 (D) in paragraph (5), by striking out ‘‘de24 fense economic reinvestment’’ and inserting in

25 lieu thereof ‘‘economic investment’’.
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1 (b) NATIONAL DEFENSE TECHNOLOGY AND INDUS2 TRIAL BASE COUNCIL.—Section 2502(c) of such title is

3 amended—

4 (1) in paragraph (1)(B), by striking out ‘‘, dur5 ing a period of reduction in defense expenditures, the

6 defense reinvestment, diversification, and conversion

7 objectives’’ and inserting in lieu thereof ‘‘the objec8 tives’’;

9 (2) by striking out paragraph (2); and

10 (3) by redesignating paragraph (3) as para11 graph (2).

12 (c) MODIFICATION OF DEFENSE DUAL-USE CRITICAL

13 TECHNOLOGY PARTNERSHIPS PROGRAM.—(1) Subsection

14 (a) of section 2511 of such title is amended—

15 (A) by striking out ‘‘PARTNERSHIPS’’ in the sub16 section heading and inserting in lieu thereof ‘‘PRO17 GRAM’’;

18 (B) in the first sentence, by striking out ‘‘, by

19 providing for the establishment’’ and all that follows

20 through ‘‘encourage and provide’’ and inserting in

21 lieu thereof ‘‘by encouraging and providing’’;

22 (C) in the second sentence, by striking out ‘‘in

23 order to establish the partnerships’’ and inserting in

24 lieu thereof ‘‘in furtherance of the program’’; and
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1 (D) by adding at the end the following new sen2 tence: ‘‘The Secretary shall identify projects to be con3 ducted as part of the program.’’.

4 (2) Such section is further amended by striking out

5 subsections (b), (c), and (d) and inserting in lieu thereof

6 the following new subsection:

7 ‘‘(b) ASSISTANCE AUTHORIZED.—The Secretary of De8 fense may provide technical and other assistance to facili9 tate the achievement of the purposes of projects conducted

10 under the program. In providing such assistance, the Sec11 retary may make available, as appropriate for the work to

12 be performed, equipment and facilities of Department of De13 fense laboratories (including the scientists and engineers at

14 those laboratories) for purposes of projects selected by the

15 Secretary.’’.

16 (3) Such section is further amended—

17 (A) by redesignating subsections (e), (f), and (g),

18 as subsections (c), (d), and (e), respectively;

19 (B) in subsection (c), as so redesignated, by

20 striking out ‘‘establishment of partnerships’’ and in21 serting in lieu thereof ‘‘conduct of the program’’; and

22 (C) in subsection (d), as so redesignated—

23 (i) by striking out ‘‘proposed partnerships

24 for establishment under this section’’ in the mat-
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1 ter preceding paragraph (1) and inserting in

2 lieu thereof ‘‘projects under the program’’;

3 (ii) in paragraphs (1) and (2), by striking

4 out ‘‘program proposed to be conducted by the

5 partnership’’ both places it appears and insert6 ing in lieu thereof ‘‘proposed project’’;

7 (iii) in paragraph (3), by striking out

8 ‘‘partnership’s’’ and inserting in lieu thereof

9 ‘‘proposed project’s’’; and

10 (iv) in paragraphs (4) through (7), by strik11 ing out ‘‘partnership’’ each place it appears and

12 inserting in lieu thereof ‘‘project’’.

13 (d) REPEAL OF COMMERCIAL-MILITARY INTEGRATION

14 PARTNERSHIPS PROGRAM.—Section 2512 of such title is re15 pealed.

16 (e) REPEAL OF REGIONAL TECHNOLOGY ALLIANCES

17 ASSISTANCE PROGRAM.—Section 2513 of such title is re18 pealed.

19 (f) MILITARY-CIVILIAN INTEGRATION AND TECH20 NOLOGY TRANSFER ADVISORY BOARD.—Section 2516(b) of

21 such title is amended—

22 (1) by inserting ‘‘and’’ at the end of paragraph

23 (2);

24 (2) by striking out ‘‘; and’’ at the end of para25 graph (3) and inserting in lieu thereof a period; and
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1 (3) by striking out paragraph (4).

2 (g) FEDERAL DEFENSE LABORATORY DIVERSIFICA3 TION PROGRAM.—Section 2519 of such title is amended—

4 (1) in subsection (b), by striking out ‘‘referred to

5 in section 2511(b) of this title’’;

6 (2) in subsection (d)—

7 (A) by striking out ‘‘(1)’’ before ‘‘The Sec8 retary shall’’; and

9 (B) by striking out paragraph (2); and

10 (3) in subsection (f), by striking out ‘‘section

11 2511(f)’’ and inserting in lieu thereof ‘‘section

12 2511(d)’’.

13 (h) REPEAL OF NAVY REINVESTMENT PROGRAM.—

14 Section 2520 of such title is repealed.

15 (i) REPEAL OF NATIONAL DEFENSE MANUFACTURING

16 TECHNOLOGY PROGRAM.—Section 2521 of such title is re17 pealed.

18 (j) REPEAL OF DEFENSE ADVANCED MANUFACTURING

19 TECHNOLOGY PARTNERSHIPS PROGRAM.—Section 2522 of

20 such title is repealed.

21 (k) REPEAL OF MANUFACTURING EXTENSION PRO22 GRAM.—Section 2523 of such title is repealed.

23 (l) REPEAL OF DEFENSE DUAL-USE ASSISTANCE EX24 TENSION PROGRAM.—Section 2524 of such title is repealed.
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1 (m) CLERICAL AMENDMENTS.—(1) The heading of sec2 tion 2511 of such title is amended to read as follows:

3 ‘‘§ 2511. Defense dual-use critical technology pro4 gram’’.

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

6 III of chapter 148 of such title is amended—

7 (A) by striking out the item relating to section

8 2511 and inserting in lieu thereof the following new

9 item:

‘‘2511. Defense dual-use critical technology program.’’; and

10 (B) by striking out the items relating to sections

11 2512, 2513, and 2520.

12 (3) The table of sections at the beginning of subchapter

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

14 relating to sections 2521, 2522, 2523, and 2524.

15 SEC. 1032. REPEAL OF MISCELLANEOUS PROVISIONS OF

16 LAW.

17 (a) VOLUNTEERS INVESTING IN PEACE AND SECURITY

18 PROGRAM.—(1) Chapter 89 of title 10, United States Code,

19 is repealed.

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

21 A, and at the beginning of part II of subtitle A, of such

22 title are amended by striking out the item relating to chap23 ter 89.

24 (b) SECURITY AND CONTROL OF SUPPLIES.—(1)

25 Chapter 171 of such title is repealed.
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1 (2) The tables of sections at the beginning of subtitle

2 A, and at the beginning of part IV of subtitle A, of such

3 title are each amended by striking out the item relating to

4 chapter 171.

5 (c) ANNUAL AUTHORIZATION OF MILITARY TRAINING

6 STUDENT LOADS.—Section 115 of such title is amended—

7 (1) in subsection (a), by striking out paragraph

8 (3);

9 (2) in subsection (b)—

10 (A) by inserting ‘‘or’’ at the end of para11 graph (1);

12 (B) by striking out ‘‘; or’’ at the end of

13 paragraph (2) and inserting in lieu thereof a pe14 riod; and

15 (C) by striking out paragraph (3); and

16 (3) by striking out subsection (f).

17 (d) PORTIONS OF ANNUAL MANPOWER REQUIREMENTS

18 REPORT.—Section 115a of such title is amended—

19 (1) in subsection (b)(2), by striking out subpara20 graph (C);

21 (2) by striking out subsection (d);

22 (3) by redesignating subsection (e) as subsection

23 (d) and striking out paragraphs (4) and (5) thereof;

24 (4) by striking out subsection (f); and
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1 (5) by redesignating subsection (g) as subsection

2 (e).

3 (e) OBSOLETE AUTHORITY FOR PAYMENT OF STI4 PENDS FOR MEMBERS OF CERTAIN ADVISORY COMMITTEES

5 AND BOARDS OF VISITORS OF SERVICE ACADEMIES.—(1)

6 The second sentence of each of sections 173(b) and 174(b)

7 of such title is amended to read as follows: ‘‘Other members

8 and part-time advisers shall (except as otherwise specifi9 cally authorized by law) serve without compensation for

10 such service.’’.

11 (2) Sections 4355(h), 6968(h), and 9355(h) of such title

12 are amended by striking out ‘‘is entitled to not more than

13 $5 a day and’’.

14 (f) ANNUAL BUDGET INFORMATION CONCERNING RE15 CRUITING COSTS.—(1) Section 227 of such title is repealed.

16 (2) The table of sections at the beginning of chapter

17 9 of such title is amended by striking out the item relating

18 to section 227.

19 (g) EXPIRED AUTHORITY RELATING TO PEACEKEEP20 ING ACTIVITIES.—(1) Section 403 of such title is repealed.

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

22 I of chapter 20 of such title is amended by striking out

23 the item relating to section 403.
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1 (h) MANAGEMENT TRAINING PROGRAM IN JAPANESE

2 LANGUAGE AND CULTURE.—(1) Section 2198 of such title

3 is repealed.

4 (2) The table of sections at the beginning of chapter

5 111 of such title is amended by striking out the item relat6 ing to section 2198.

7 (i) PROCUREMENT OF GASOHOL FOR DEPARTMENT OF

8 DEFENSE MOTOR VEHICLES.—(1) Subsection (a) of section

9 2398 of such title is repealed.

10 (2) Such section is further amended—

11 (A) by redesignating subsections (b) and (c) as

12 subsections (a) and (b), respectively; and

13 (B) in subsection (b), as so redesignated, by

14 striking out ‘‘subsection (b)’’ and inserting in lieu

15 thereof ‘‘subsection (a)’’.

16 (j) REQUIREMENT OF NOTICE OF CERTAIN DISPOSALS

17 AND GIFTS BY SECRETARY OF NAVY.—Section 7545 of such

18 title is amended by striking out subsection (c).

19 (k) ANNUAL REPORT ON BIOLOGICAL DEFENSE RE20 SEARCH PROGRAM.—(1) Section 2370 of such title is re21 pealed.

22 (2) The table of sections at the beginning of chapter

23 139 of such title is amended by striking out the item relat24 ing to such section.
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1 (l) REPORTS AND NOTIFICATIONS RELATING TO

2 CHEMICAL AND BIOLOGICAL AGENTS.—(1) Subsection (a)

3 of section 409 of Public Law 91–121 (50 U.S.C. 1511) is

4 repealed.

5 (2) Subsection (b) of such section (50 U.S.C. 1512) is

6 amended—

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

8 (2);

9 (B) by striking out ‘‘; and’’ at the end of para10 graph (3) and inserting in lieu thereof a period; and

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

12 (3) Subsection (c) of such section (50 U.S.C. 1513) is

13 amended by striking out the second sentence of paragraph

14 (1).

15 (m) PROVISION GIVING PERMANENT STATUS TO EXEC16 UTIVE ORDER RELATING TO NAVAL NUCLEAR PROPULSION

17 PROGRAM.—Section 1634 of the Department of Defense Au18 thorization, 1985 (Public Law 98–525; 98 Stat. 2649; 42

19 U.S.C. 7158 note), is repealed.

20 (n) ANNUAL REPORT ON BALANCED TECHNOLOGY INI21 TIATIVE.—Subsection (e) of section 211 of the National De22 fense Authorization Act for Fiscal Years 1990 and 1991

23 (Public Law 101–189; 103 Stat. 1394) is repealed.

24 (o) OBSOLETE AUTHORITY REGARDING ANNISTON

25 ARMY DEPOT, ALABAMA.—Section 352 of the National De-
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1 fense Authorization Act for Fiscal Year 1991 (Public Law

2 101–510; 104 Stat. 1539) is repealed.

3 (p) REPORT ON ENVIRONMENTAL RESTORATION

4 COSTS FOR INSTALLATIONS TO BE CLOSED UNDER 1990

5 BASE CLOSURE LAW.—Section 2827 of the National De6 fense Authorization Act for Fiscal Years 1992 and 1993

7 (Public Law 102–190; 10 U.S.C. 2687 note) is amended by

8 striking out subsection (b).

9 (q) LIMITATION ON AMERICAN DIPLOMATIC FACILI10 TIES IN GERMANY.—Section 1432 of the National Defense

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

12 160; 107 Stat. 1833) is repealed.

13 (r) REQUIREMENT RELATING TO ATHLETIC DIRECTOR

14 OF NAVAL ACADEMY.—Section 556(b) of the National De15 fense Authorization Act for Fiscal Year 1995 (Public Law

16 103–337; 108 Stat. 2774) (including the section of title 10,

17 United States Code, added by that section effective January

18 1, 1996, and the table of sections item added by that section)

19 is repealed.
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1 TITLE XI—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF FORMER SOVIET

4 UNION

5 SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS.

7 (a) IN GENERAL.—For purposes of section 301 and

8 other provisions of this Act, Cooperative Threat Reduction

9 programs are the programs specified in subsection (b).

10 (b) SPECIFIED PROGRAMS.—The programs referred to

11 in subsection (a) are the following:

12 (1) Programs to facilitate the elimination, and

13 the safe and secure transportation and storage, of nu14 clear, chemical, and other weapons and their delivery

15 vehicles.

16 (2) Programs to facilitate the safe and secure

17 storage of fissile materials derived from the elimi18 nation of nuclear weapons.

19 (3) Programs to prevent the proliferation of

20 weapons, weapons components, and weapons-related

21 technology and expertise.

22 (4) Programs to expand military-to-military

23 and defense contacts.
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1 SEC. 1102. FISCAL YEAR 1996 AUTHORIZATION.

2 Of the amount authorized in section 301 for Coopera3 tive Threat Reduction programs, not more than the follow4 ing amounts shall be available for the purposes specified:

5 (1) $50,000,000 for elimination of Russian stra6 tegic offensive weapons.

7 (2) $20,000,000 for elimination of Ukraine stra8 tegic nuclear weapons.

9 (3) $15,000,000 for elimination of Kazakhstan

10 strategic nuclear weapons.

11 (4) $5,000,000 for elimination of Belarus strate12 gic nuclear weapons.

13 (5) $6,000,000 for design of a storage facility for

14 Russian fissile material.

15 (6) $42,500,000 for weapons security in Russia.

16 (7) $35,000,000 for nuclear infrastructure elimi17 nation in Ukraine, Belarus, and Kazakhstan.

18 (8) $10,000,000 for activities designated as De19 fense and Military Contacts/General Support/Train20 ing in Russia, Ukraine, Belarus, and Kazakhstan.

21 (9) $16,500,000 for activities designated as Other

22 Assessments/Support.
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1 SEC. 1103. REPEAL OF DEMILITARIZATION ENTERPRISE

2 FUND AUTHORITY.

3 Section 1204 of the Cooperative Threat Reduction Act

4 of 1993 (title XII of Public Law 103–160; 22 U.S.C. 5953)

5 is repealed.

6 SEC. 1104. PROHIBITION ON USE OF FUNDS FOR PEACE7 KEEPING EXERCISES AND RELATED ACTIVI8 TIES WITH RUSSIA.

9 None of the funds appropriated pursuant to the au10 thorization in section 301 for Cooperative Threat Reduction

11 programs may be obligated or expended for the purpose of

12 conducting with Russia any peacekeeping exercise or other

13 peacekeeping-related activity.

14 SEC. 1105. REVISION TO AUTHORITY FOR ASSISTANCE FOR

15 WEAPONS DESTRUCTION.

16 Section 211(b) of Public Law 102–228 (105 Stat.

17 1694) is amended by striking out ‘‘committed to’’ in the

18 matter preceding paragraph (1).

19 SEC. 1106. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF

20 FUNDS.

21 (a) ANNUAL REQUIREMENT.—(1) Not less than 15

22 days before any obligation of any funds appropriated for

23 any fiscal year for a program specified under section 1101

24 as a Cooperative Threat Reduction program, the Secretary

25 of Defense shall submit to the congressional committees spec-
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1 ified in paragraph (2) a report on that proposed obligation

2 for that program for that fiscal year.

3 (2) The congressional committees referred to in para4 graph (1) are the following:

5 (A) The Committee on Armed Services, the Com6 mittee on Foreign Relations, and the Committee on

7 Appropriations of the Senate.

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 (b) MATTERS TO BE SPECIFIED IN REPORTS.—Each

13 such report shall specify—

14 (1) the activities and forms of assistance for

15 which the Secretary of Defense plans to obligate

16 funds;

17 (2) the amount of the proposed obligation; and

18 (3) the projected involvement (if any) of any de19 partment or agency of the United States (in addition

20 to the Department of Defense) and of the private sec21 tor of the United States in the activities and forms

22 of assistance for which the Secretary of Defense plans

23 to obligate such funds.
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1 SEC. 1107. REPORT ON ACCOUNTING FOR UNITED STATES

2 ASSISTANCE.

3 (a) REPORT.—(1) The Secretary of Defense shall sub4 mit to Congress an annual report on the efforts made by

5 the United States (including efforts through the use of au6 dits, examinations, and on-site inspections) to ensure that

7 assistance provided under Cooperative Threat Reduction

8 programs is fully accounted for and that such assistance

9 is being used for its intended purposes.

10 (2) A report shall be submitted under this section not

11 later than January 31 of each year until the Cooperative

12 Threat Reduction programs are completed.

13 (b) INFORMATION TO BE INCLUDED.—Each report

14 under this section shall include the following:

15 (1) A list of cooperative threat reduction assist16 ance that has been provided before the date of the re17 port.

18 (2) A description of the current location of the

19 assistance provided and the current condition of such

20 assistance.

21 (3) A determination of whether the assistance

22 has been used for its intended purpose.

23 (4) A description of the activities planned to be

24 carried out during the next fiscal year to ensure that

25 cooperative threat reduction assistance provided dur-
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1 ing that fiscal year is fully accounted for and is used

2 for its intended purpose.

3 (c) COMPTROLLER GENERAL ASSESSMENT.—Not later

4 than 30 days after the date on which a report of the Sec5 retary under subsection (a) is submitted to Congress, the

6 Comptroller General of the United States shall submit to

7 Congress a report giving the Comptroller General’s assess8 ment of the report and making any recommendations that

9 the Comptroller General considers appropriate.

10 TITLE XII—MATTERS RELATING

11 TO OTHER NATIONS

12 Subtitle A—Peacekeeping

13 Provisions

14 SEC. 1201. LIMITATION ON EXPENDITURE OF DEPARTMENT

15 OF DEFENSE FUNDS FOR UNITED STATES

16 FORCES PLACED UNDER UNITED NATIONS

17 COMMAND OR CONTROL.

18 (a) IN GENERAL.—(1) Chapter 20 of title 10, United

19 States Code, is amended by inserting after section 404 the

20 following new section:

21 ‘‘§ 405. Placement of United States forces under Unit22 ed Nations command or control: limita23 tion

24 ‘‘(a) LIMITATION.—Except as provided in subsections

25 (b) and (c), funds appropriated or otherwise made available
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1 for the Department of Defense may not be obligated or ex2 pended for activities of any element of the Armed Forces

3 that after the date of the enactment of this section is placed

4 under United Nations command or control, as defined in

5 subsection (f).

6 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI7 CATION.—(1) Subsection (a) shall not apply in the case of

8 a proposed placement of an element of the Armed Forces

9 under United Nations command or control if the President,

10 not less than 15 days before the date on which such United

11 Nations command or control is to become effective (or as

12 provided in paragraph (2)), meets the requirements of sub13 section (d).

14 ‘‘(2) If the President certifies to Congress that an emer15 gency exists that precludes the President from meeting the

16 requirements of subsection (d) 15 days before placing an

17 element of the Armed Forces under United Nations com18 mand or control, the President may place such forces under

19 such command or control and meet the requirements of sub20 section (d) in a timely manner, but in no event later than

21 48 hours after such command or control becomes effective.

22 ‘‘(c) ADDITIONAL EXCEPTIONS.—

23 ‘‘(1) EXCEPTION FOR AUTHORIZATION BY LAW.—

24 Subsection (a) shall not apply in the case of a pro25 posed placement of any element of the Armed Forces
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1 under United Nations command or control if the Con2 gress specifically authorizes by law that particular

3 placement of United States forces under United Na4 tions command or control.

5 ‘‘(2) EXCEPTION FOR NATO OPERATIONS.—Sub6 section (a) shall not apply in the case of a proposed

7 placement of any element of the armed forces in an

8 operation conducted by the North Atlantic Treaty Or9 ganization.

10 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require11 ments referred to in subsection (b)(1) are that the President

12 submit to Congress the following:

13 ‘‘(1) Certification by the President that—

14 ‘‘(A) such a United Nations command or

15 control arrangement is necessary to protect na16 tional security interests of the United States;

17 ‘‘(B) the commander of any unit of the

18 Armed Forces proposed for placement under

19 United Nations command or control will at all

20 times retain the right—

21 ‘‘(i) to report independently to supe22 rior United States military authorities; and

23 ‘‘(ii) to decline to comply with orders

24 judged by the commander to be illegal, mili25 tarily imprudent, or beyond the mandate of
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1 the mission to which the United States

2 agreed with the United Nations, until such

3 time as that commander receives direction

4 from superior United States military au5 thorities with respect to the orders that the

6 commander has declined to comply with;

7 ‘‘(C) any element of the Armed Forces pro8 posed for placement under United Nations com9 mand or control will at all times remain under

10 United States administrative command for such

11 purposes as discipline and evaluation; and

12 ‘‘(D) the United States will retain the au13 thority to withdraw any element of the Armed

14 Forces from the proposed operation at any time

15 and to take any action it considers necessary to

16 protect those forces if they are engaged.

17 ‘‘(2) A report setting forth the following:

18 ‘‘(A) A description of the national security

19 interests that require the placement of United

20 States forces under United Nations command or

21 control.

22 ‘‘(B) The mission of the United States forces

23 involved.

24 ‘‘(C) The expected size and composition of

25 the United States forces involved.
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1 ‘‘(D) The incremental cost to the United

2 States of participation in the United Nations

3 operation by the United States forces which are

4 proposed to be placed under United Nations com5 mand or control.

6 ‘‘(E) The precise command and control re7 lationship between the United States forces in8 volved and the United Nations command struc9 ture.

10 ‘‘(F) The precise command and control rela11 tionship between the United States forces in12 volved and the commander of the United States

13 unified command for the region in which those

14 United States forces are to operate.

15 ‘‘(G) The extent to which the United States

16 forces involved will rely on non-United States

17 forces for security and self-defense and an assess18 ment on the ability of those non-United States

19 forces to provide adequate security to the United

20 States forces involved.

21 ‘‘(H) The timetable for complete withdrawal

22 of the United States forces involved.

23 ‘‘(e) CLASSIFICATION OF REPORT.—A report under

24 subsection (d) shall be submitted in unclassified form and,

25 if necessary, in classified form.
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1 ‘‘(f) UNITED NATIONS COMMAND OR CONTROL.—For

2 purposes of this section, an element of the Armed Forces

3 shall be considered to be placed under United Nations com4 mand or control if—

5 ‘‘(1) that element is under the command or oper6 ational control of an individual acting on behalf of

7 the United Nations for the purpose of international

8 peacekeeping, peacemaking, peace-enforcing, or simi9 lar activity that is authorized by the Security Council

10 under chapter VI or VII of the Charter of the United

11 Nations; and

12 ‘‘(2) the senior military commander of the Unit13 ed Nations force or operation—

14 ‘‘(A) is a foreign national or is a citizen of

15 the United States who is not a United States

16 military officer serving on active duty; or

17 ‘‘(B) is a United States military officer

18 serving on active duty but—

19 ‘‘(i) that element of the armed forces is

20 under the command or operational control

21 of a subordinate commander who is a for22 eign national or a citizen of the United

23 States who is not a United States military

24 officer serving on active duty; and
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1 ‘‘(ii) that senior military commander

2 does not have the authority—

3 ‘‘(I) to dismiss any subordinate

4 officer in the chain of command who is

5 exercising command or operational

6 control over United States forces and

7 who is a foreign national or a citizen

8 of the United States who is not a Unit9 ed States military officer serving on

10 active duty;

11 ‘‘(II) to establish rules of engage12 ment for United States forces involved;

13 and

14 ‘‘(III) to establish criteria govern15 ing the operational employment of

16 United States forces involved.

17 ‘‘(g) INTERPRETATION.—Nothing in this section may

18 be construed—

19 ‘‘(1) as authority for the President to use any

20 element of the armed forces in any operation;

21 ‘‘(2) as authority for the President to place any

22 element of the armed forces under the command or

23 operational control of a foreign national; or

24 ‘‘(3) as an unconstitutional infringement on the

25 authority of the President as commander-in-chief.’’.
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1 (2) The table of sections at the beginning of subchapter

2 I of such chapter is amended by adding at the end the fol3 lowing new item:

‘‘405. Placement of United States forces under United Nations command or control: limitation.’’.

4 (b) REPORT RELATING TO CONSTITUTIONALITY.—No

5 certification may be submitted by the President under sec6 tion 405(d)(1) of title 10, United States Code, as added by

7 subsection (a), until the President has submitted to the Con8 gress (after the date of the enactment of this Act) a memo9 randum of legal points and authorities explaining why the

10 placement of elements of United States Armed Forces under

11 the command or operational control of a foreign national

12 acting on behalf of the United Nations does not violate the

13 Constitution.

14 (c) EXCEPTION FOR ONGOING OPERATIONS IN MAC15 EDONIA AND CROATIA.—Section 405 of title 10, United

16 States Code, as added by subsection (a), does not apply in

17 the case of activities of the Armed Forces as part of the

18 United Nations force designated as the United Nations Pro19 tection Force (UNPROFOR) that are carried out—

20 (1) in Macedonia pursuant to United Nations

21 Security Council Resolution 795, adopted December

22 11, 1992, and subsequent reauthorization Resolutions;

23 or
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1 (2) in Croatia pursuant to United Nations Secu2 rity Council Resolution 743, adopted February 21,

3 1992, and subsequent reauthorization Resolutions.

4 SEC. 1202. LIMITATION ON USE OF DEPARTMENT OF DE5 FENSE FUNDS FOR UNITED STATES SHARE

6 OF COSTS OF UNITED NATIONS PEACEKEEP7 ING ACTIVITIES.

8 (a) IN GENERAL.—(1) Chapter 20 of title 10, United

9 States Code, is amended by inserting after section 405, as

10 added by section 1201, the following new section:

11 ‘‘§ 406. Use of Department of Defense funds for United

12 States share of costs of United Nations

13 peacekeeping activities: limitation

14 ‘‘(a) PROHIBITION ON USE OF FUNDS.—Funds avail15 able to the Department of Defense may not be used to make

16 a financial contribution (directly or through another de17 partment or agency of the United States) to the United Na18 tions—

19 ‘‘(1) for the costs of a United Nations peacekeep20 ing activity; or

21 ‘‘(2) for any United States arrearage to the

22 United Nations.

23 ‘‘(b) APPLICATION OF PROHIBITION.—The prohibition

24 in subsection (a) applies to voluntary contributions, as well

25 as to contributions pursuant to assessment by the United
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1 Nations for the United States share of the costs of a peace2 keeping activity.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by inserting after the item relating to section

5 405, as added by section 1201, the following new item:

‘‘406. Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation.’’.

6 (b) EFFECTIVE DATE.—Section 406 of title 10, United

7 States Code, as added by subsection (a), shall take effect

8 on October 1, 1995.

9 Subtitle B—Humanitarian

10 Assistance Programs

11 SEC. 1211. OVERSEAS HUMANITARIAN, DISASTER, AND

12 CIVIC AID PROGRAMS.

13 For purposes of section 301 and other provisions of

14 this Act, programs of the Department of Defense designated

15 as Overseas Humanitarian, Disaster, and Civic Aid

16 (OHDACA) programs are the programs provided by sec17 tions 401, 402, 404, 2547, and 2551 of title 10, United

18 States Code.

19 SEC. 1212. HUMANITARIAN ASSISTANCE.

20 Section 2551 of title 10, United States Code is amend21 ed—

22 (1) by striking out subsections (b) and (c);

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

24 (b);
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1 (3) by striking out subsection (e) and inserting

2 in lieu thereof the following:

3 ‘‘(c) STATUS REPORTS.—(1) The Secretary of Defense

4 shall submit to the congressional committees specified in

5 subsection (f) an annual report on the provision of humani6 tarian assistance pursuant to this section for the prior fis7 cal year. The report shall be submitted each year at the

8 time of the budget submission by the President for the next

9 fiscal year.

10 ‘‘(2) Each report required by paragraph (1) shall cover

11 all provisions of law that authorize appropriations for hu12 manitarian assistance to be available from the Department

13 of Defense for the purposes of this section.

14 ‘‘(3) Each report under this subsection shall set forth

15 the following information regarding activities during the

16 previous fiscal year:

17 ‘‘(A) The total amount of funds obligated for hu18 manitarian relief under this section.

19 ‘‘(B) The number of scheduled and completed

20 transportation missions for purposes of providing hu21 manitarian assistance under this section.

22 ‘‘(C) A description of any transfer of excess

23 nonlethal supplies of the Department of Defense made

24 available for humanitarian relief purposes under sec25 tion 2547 of this title. The description shall include
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1 the date of the transfer, the entity to whom the trans2 fer is made, and the quantity of items transferred.’’;

3 (4) by redesignating subsection (f) as subsection

4 (d) and in that subsection striking out ‘‘the Commit5 tees on’’ and all that follows through ‘‘House of Rep6 resentatives of the’’ and inserting in lieu thereof ‘‘the

7 congressional committees specified in subsection (f)

8 and the Committees on Appropriations of the Senate

9 and House of Representatives of the’’;

10 (5) by redesignating subsection (g) as subsection

11 (e); and

12 (6) by adding at the end the following new sub13 section:

14 ‘‘(f) CONGRESSIONAL COMMITTEES.—The congres15 sional committees referred to in subsections (c)(1) and (d)

16 are the following:

17 ‘‘(1) The Committee on Armed Services and the

18 Committee on Foreign Relations of the Senate.

19 ‘‘(2) The Committee on National Security and

20 the Committee on International Relations of the

21 House of Representatives.’’.

22 SEC. 1213. LANDMINE CLEARANCE PROGRAM.

23 (a) INCLUSION IN GENERAL HUMANITARIAN ASSIST24 ANCE PROGRAM.—Subsection (e) of section 401 of title 10,

25 United States Code, is amended—
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1 (1) by striking out ‘‘means—’’ and inserting in

2 lieu thereof ‘‘means:’’;

3 (2) by revising the first word in each of para4 graphs (1) through (4) so that the first letter of such

5 word is upper case;

6 (3) by striking out the semicolon at the end of

7 paragraphs (1) and (2) and inserting in lieu thereof

8 a period;

9 (4) by striking out ‘‘; and’’ at the end of para10 graph (3) and inserting in lieu thereof a period; and

11 (5) by adding at the end the following new para12 graph:

13 ‘‘(5) Detection and clearance of landmines, in14 cluding activities relating to the furnishing of edu15 cation, training, and technical assistance with respect

16 to the detection and clearance of landmines.’’.

17 (b) LIMITATION ON LANDMINE ASSISTANCE BY MEM18 BERS OF ARMED FORCES.—Subsection (a) of such section

19 is amended by adding at the end the following new para20 graph:

21 ‘‘(4) The Secretary of Defense shall ensure that no

22 member of the armed forces, while providing assistance

23 under this section that is described in subsection (e)(5)—

24 ‘‘(A) engages in the physical detection, lifting, or

25 destroying of landmines (unless the member does so
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1 for the concurrent purpose of supporting a United

2 States military operation); or

3 ‘‘(B) provides such assistance as part of a mili4 tary operation that does not involve the armed

5 forces.’’.

6 (c) REPEAL.—Section 1413 of the National Defense

7 Authorization Act for Fiscal Year 1995 (Public Law 103–

8 337; 108 Stat. 2913; 10 U.S.C. 401 note) is repealed.

9 Subtitle C—Other Matters

10 SEC. 1221. REVISION OF DEFINITION OF LANDMINE FOR

11 PURPOSES OF LANDMINE EXPORT MORATO12 RIUM.

13 Section 1423(d)(3) of the National Defense Authoriza14 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

15 Stat. 1831) is amended by striking out ‘‘by remote control

16 or’’ .

17 SEC. 1222. EXTENSION AND AMENDMENT OF

18 COUNTERPROLIFERATION AUTHORITIES.

19 (a) ONE-YEAR EXTENSION OF PROGRAM.—Section

20 1505 of the Weapons of Mass Destruction Control Act of

21 1992 (title XV of Public Law 102–484; 22 U.S.C. 5859a)

22 is amended—

23 (1) in subsection (a), by striking out ‘‘during fis24 cal years 1994 and 1995’’;
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1 (2) in subsection (e)(1), by striking out ‘‘fiscal

2 years 1994 and 1995’’ and inserting in lieu thereof

3 ‘‘a fiscal year during which the authority of the Sec4 retary of Defense to provide assistance under this sec5 tion is in effect’’; and

6 (3) by adding at the end the following new sub7 section:

8 ‘‘(f) TERMINATION OF AUTHORITY.—The authority of

9 the Secretary of Defense to provide assistance under this

10 section terminates at the close of fiscal year 1996.’’.

11 (b) PROGRAM AUTHORITIES.—(1) Subsections (b)(2)

12 and (d)(3) of such section are amended by striking out ‘‘the

13 On-Site Inspection Agency’’ and inserting in lieu thereof

14 ‘‘the Department of Defense’’.

15 (2) Subsection (c)(3) of such section is amended by

16 striking out ‘‘will be counted’’ and all that follows and in17 serting in lieu thereof ‘‘will be counted as discretionary

18 spending in the national defense budget function (function

19 050).’’.

20 (c) AMOUNT OF ASSISTANCE.—Subsection (d) of such

21 section is amended—

22 (1) in paragraph (1)—

23 (A) by striking out ‘‘for fiscal year 1994’’

24 the first place it appears and all that follows

25 through the period at the end of the second sen-
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1 tence and inserting in lieu thereof ‘‘for any fiscal

2 year shall be derived from amounts made avail3 able to the Department of Defense for that fiscal

4 year.’’; and

5 (B) by striking out ‘‘referred to in this

6 paragraph’’; and

7 (2) in paragraph (3)—

8 (A) by striking out ‘‘may not exceed’’ and

9 all that follows through ‘‘1995’’; and

10 (B) by inserting before the period at the end

11 the following: ‘‘, may not exceed $25,000,000 for

12 fiscal year 1994, $20,000,000 for fiscal year

13 1995, or $15,000,000 for fiscal year 1996’’.

14 SEC. 1223. PROHIBITION ON USE OF FUNDS FOR ACTIVITIES

15 ASSOCIATED WITH THE UNITED STATES-PEO16 PLE’S REPUBLIC OF CHINA JOINT DEFENSE

17 CONVERSION COMMISSION.

18 Funds appropriated to the Department of Defense for

19 fiscal year 1996 may not be obligated or expended for any

20 activity associated with the United States-People’s Republic

21 of China Joint Defense Conversion Commission.

22 SEC. 1224. DEFENSE EXPORT LOAN GUARANTEES.

23 (a) ESTABLISHMENT OF PROGRAM.—(1) Chapter 148

24 of title 10, United States Code, is amended by adding at

25 the end the following new subchapter:
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1 ‘‘SUBCHAPTER VI—DEFENSE EXPORT LOAN

2 GUARANTEES

‘‘Sec.

‘‘2540. Establishment of loan guarantee program.

‘‘2540a. Transferability.

‘‘2540b. Limitations.

‘‘2540c. Fees charged and collected.

‘‘2540d. Definitions.

3 ‘‘§ 2540. Establishment of loan guarantee program

4 ‘‘(a) ESTABLISHMENT.—In order to meet the national

5 security objectives in section 2501(a) of this title, the Sec6 retary of Defense shall establish a program under which the

7 Secretary may issue guarantees assuring a lender against

8 losses of principal or interest, or both principal and inter9 est, arising out of the financing of the sale or long-term

10 lease of defense articles, defense services, or design and con11 struction services to a country referred to in subsection (b).

12 ‘‘(b) COVERED COUNTRIES.—The authority under sub13 section (a) applies with respect to the following countries:

14 ‘‘(1) A member nation of the North Atlantic

15 Treaty Organization (NATO).

16 ‘‘(2) A country designated as of March 31, 1995,

17 as a major non-NATO ally pursuant to section

18 2350a(i)(3) of this title.

19 ‘‘(3) A country that was a member nation of the

20 Asia Pacific Economic Cooperation (APEC) as of

21 March 31, 1995.
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1 ‘‘(c) AUTHORITY SUBJECT TO PROVISIONS OF APPRO2 PRIATION ACTS.—The Secretary may guarantee a loan

3 under this subchapter only to such extent or in such

4 amounts as may be provided in advance in appropriations

5 Acts.

6 ‘‘§ 2540a. Transferability

7 ‘‘A guarantee issued under this subchapter shall be

8 fully and freely transferable.

9 ‘‘§ 2540b. Limitations

10 ‘‘(a) TERMS AND CONDITIONS OF LOAN GUARAN11 TEES.—In issuing a guarantee under this subchapter for

12 a medium-term or long-term loan, the Secretary may not

13 offer terms and conditions more beneficial than those that

14 would be provided to the recipient by the Export-Import

15 Bank of the United States under similar circumstances in

16 conjunction with the provision of guarantees for nondefense

17 articles and services.

18 ‘‘(b) LOSSES ARISING FROM FRAUD OR MISREPRE19 SENTATION.—No payment may be made under a guarantee

20 issued under this subchapter for a loss arising out of fraud

21 or misrepresentation for which the party seeking payment

22 is responsible.

23 ‘‘(c) NO RIGHT OF ACCELERATION.—The Secretary of

24 Defense may not accelerate any guaranteed loan or incre25 ment, and may not pay any amount, in respect of a guar-
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1 antee issued under this subchapter, other than in accord2 ance with the original payment terms of the loan.

3 ‘‘§ 2540c. Fees charged and collected

4 ‘‘(a) IN GENERAL.—The Secretary of Defense shall

5 charge a fee (known as ‘exposure fee’) for each guarantee

6 issued under this subchapter.

7 ‘‘(b) AMOUNT.—To the extent that the cost of the loan

8 guarantees under this subchapter is not otherwise provided

9 for in appropriations Acts, the fee imposed under this sec10 tion with respect to a loan guarantee shall be fixed in an

11 amount sufficient to meet potential liabilities of the United

12 States under the loan guarantee.

13 ‘‘(c) PAYMENT TERMS.—The fee for each guarantee

14 shall become due as the guarantee is issued. In the case of

15 a guarantee for a loan which is disbursed incrementally,

16 and for which the guarantee is correspondingly issued in17 crementally as portions of the loan are disbursed, the fee

18 shall be paid incrementally in proportion to the amount

19 of the guarantee that is issued.

20 ‘‘§ 2540d. Definitions

21 ‘‘In this subchapter:

22 ‘‘(1) The terms ‘defense article’, ‘defense services’,

23 and ‘design and construction services’ have the mean24 ings given those terms in section 47 of the Arms Ex25 port Control Act (22 U.S.C. 2794).
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1 ‘‘(2) The term ‘cost’, with respect to a loan guar2 antee, has the meaning given that term in section 502

3 of the Congressional Budget and Impoundment Con4 trol Act of 1974 (2 U.S.C. 661a).’’.

5 (2) The table of subchapters at the beginning of such

6 chapter is amended by adding at the end the following new

7 item:

‘‘VI. Defense Export Loan Guarantees ........................................................... 2540’’.

8 (b) REPORT.—Not later than two years after the date

9 of the enactment of this Act, the President shall submit to

10 Congress a report on the loan guarantee program estab11 lished pursuant to section 2540 of title 10, United States

12 Code, as added by subsection (a). The report shall include—

13 (1) an analysis of the costs and benefits of the

14 loan guarantee program; and

15 (2) any recommendations for modification of the

16 program that the President considers appropriate, in17 cluding—

18 (A) any recommended addition to the list of

19 countries for which a guarantee may be issued

20 under the program; and

21 (B) any proposed legislation necessary to

22 authorize a recommended modification.
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1 SEC. 1225. ACCOUNTING FOR BURDENSHARING CONTRIBU2 TIONS.

3 (a) AUTHORITY TO MANAGE CONTRIBUTIONS IN

4 LOCAL CURRENCY, ETC.—Subsection (b) of section 2350j

5 of title 10, United States Code, is amended to read as fol6 lows:

7 ‘‘(b) ACCOUNTING.—Contributions accepted under sub8 section (a) which are not related to security assistance may

9 be accepted, managed, and expended in dollars or in the

10 currency of the host nation (or, in the case of a contribution

11 from a regional organization, in the currency in which the

12 contribution was provided). Any such contribution shall be

13 placed in an account established for such purpose and shall

14 remain available until expended for the purposes specified

15 in subsection (c). The Secretary of Defense shall establish

16 a separate account for such purpose for each country or re17 gional organization from which such contributions are ac18 cepted under subsection (a).’’.

19 (b) CONFORMING AMENDMENT.—Subsection (d) of

20 such section is amended by striking out ‘‘credited under

21 subsection (b) to an appropriation account of the Depart22 ment of Defense’’ and inserting in lieu thereof ‘‘placed in

23 an account established under subsection (b)’’.

24 (c) TECHNICAL AMENDMENT.—Such section is further

25 amended—
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1 (1) in subsection (e)(1), by striking out ‘‘a report

2 to the congressional defense committees’’ and inserting

3 in lieu thereof ‘‘to the congressional committees speci4 fied in subsection (g) a report’’; and

5 (2) by adding at the end the following new sub6 section:

7 ‘‘(g) CONGRESSIONAL COMMITTEES.—The congres8 sional committees referred to in subsection (e)(1) are—

9 ‘‘(1) the Committee on Armed Services and the

10 Committee on Appropriations of the Senate; and

11 ‘‘(2) the Committee on National Security and the

12 Committee on Appropriations of the House of Rep13 resentatives.’’.

14 SEC. 1226. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR

15 EXPENSES OF RELOCATION WITHIN HOST NA16 TION OF UNITED STATES ARMED FORCES

17 OVERSEAS.

18 (a) IN GENERAL.—(1) Subchapter II of chapter 138

19 of title 10, United States Code, is amended by adding at

20 the end the following new section:

21 ‘‘§ 2350k. Relocation within host nation of elements of

22 armed forces overseas

23 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The

24 Secretary of Defense may accept contributions from any na25 tion because of or in support of the relocation of elements
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1 of the armed forces from or to any location within that na2 tion. Such contributions may be accepted in dollars or in

3 the currency of the host nation. Any such contribution shall

4 be placed in an account established for such purpose and

5 shall remain available until expended for the purposes spec6 ified in subsection (b). The Secretary shall establish a sepa7 rate account for such purpose for each country from which

8 such contributions are accepted.

9 ‘‘(b) USE OF CONTRIBUTIONS.—The Secretary may

10 use a contribution accepted under subsection (a) only for

11 payment of costs incurred in connection with the relocation

12 concerning which the contribution was made. Those costs

13 include the following:

14 ‘‘(1) Design and construction services, including

15 development and review of statements of work, master

16 plans and designs, acquisition of construction, and

17 supervision and administration of contracts relating

18 thereto.

19 ‘‘(2) Transportation and movement services, in20 cluding packing, unpacking, storage, and transpor21 tation.

22 ‘‘(3) Communications services, including instal23 lation and deinstallation of communications equip24 ment, transmission of messages and data, and rental

25 of transmission capability.
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1 ‘‘(4) Supply and administration, including ac2 quisition of expendable office supplies, rental of office

3 space, budgeting and accounting services, auditing

4 services, secretarial services, and translation services.

5 ‘‘(5) Personnel costs, including salary, allow6 ances and overhead of employees whether full-time or

7 part-time, temporary or permanent (except for mili8 tary personnel), and travel and temporary duty costs.

9 ‘‘(6) All other clearly identifiable expenses di10 rectly related to relocation.

11 ‘‘(c) METHOD OF CONTRIBUTION.—Contributions may

12 be accepted in any of the following forms:

13 ‘‘(1) Irrevocable letter of credit issued by a fi14 nancial institution acceptable to the Treasurer of the

15 United States.

16 ‘‘(2) Drawing rights on a commercial bank ac17 count established and funded by the host nation,

18 which account is blocked such that funds deposited

19 cannot be withdrawn except by or with the approval

20 of the United States.

21 ‘‘(3) Cash, which shall be deposited in a separate

22 trust fund in the United States Treasury pending ex23 penditure and which shall accrue interest in accord24 ance with section 9702 of title 31.
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1 ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later than

2 30 days after the end of each fiscal year, the Secretary shall

3 submit to Congress a report specifying—

4 ‘‘(1) the amount of the contributions accepted by

5 the Secretary during the preceding fiscal year under

6 subsection (a) and the purposes for which the con7 tributions were made; and

8 ‘‘(2) the amount of the contributions expended by

9 the Secretary during the preceding fiscal year and the

10 purposes for which the contributions were expended.’’.

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

12 II of chapter 138 of such title is amended by adding at

13 the end the following new item:

‘‘2350k. Relocation within host nation of elements of armed forces overseas.’’.

14 (b) EFFECTIVE DATE.—Section 2350k of title 10,

15 United States Code, as added by subsection (a), shall take

16 effect on October 1, 1995, and shall apply to contributions

17 for relocation of elements of the Armed Forces in or to any

18 nation received on or after such date.

19 SEC. 1227. SENSE OF CONGRESS ON ABM TREATY VIOLA20 TIONS.

21 (a) FINDINGS.—The Congress finds the following:

22 (1) The 1972 Anti-Ballistic Missile Treaty pro23 hibits either party from deploying ballistic missile

24 early warning radars except at locations along the pe-
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1 riphery of its national territory and oriented out2 ward.

3 (2) The 1972 Anti-Ballistic Missile Treaty pro4 hibits either party from deploying an ABM system to

5 defend its national territory and from providing a

6 base for any such nationwide defense.

7 (3) Large phased-array radars were recognized

8 during negotiation of the Anti-Ballistic Missile Trea9 ty as the critical long lead-time element of a nation10 wide defense against ballistic missiles.

11 (4) In 1983 the United States discovered the con12 struction, in the interior of the Soviet Union near the

13 town of Krasnoyarsk, of a large phased-array radar

14 that was judged to be for ballistic missile early warn15 ing and tracking.

16 (5) The Krasnoyarsk radar was certified by the

17 Reagan Administration and previous sessions of Con18 gress as an unequivocal violation by the Soviet Union

19 of the Anti-Ballistic Missile Treaty.

20 (6) Retired Soviet General Y.V. Votintsev, Direc21 tor of the Soviet National Air Defense Forces from

22 1967 to 1985, has publicly stated that he was directed

23 by the Chief of the Soviet General staff to locate the

24 large phased-array radar at Krasnoyarsk despite the
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1 recognition that its location would be a clear viola2 tion of the ABM Treaty.

3 (7) General Votintsev has publicly stated that

4 Marshal D.F. Ustinov, Soviet Minister of Defense,

5 threatened to relieve from duty any Soviet officer who

6 continued to object to the construction of a large7 phased array radar at Krasnoyarsk.

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

9 that—

10 (1) the government of the Soviet Union inten11 tionally violated its legal obligations under the 1972

12 Anti-Ballistic Missile Treaty in order to advance its

13 national security interests; and

14 (2) the United States should remain vigilant in

15 ensuring compliance by Russia with its arms control

16 obligations and should, when pursuing future arms

17 control agreements with Russia, bear in mind viola18 tions of arms control obligations by the Soviet Union.

19 DIVISION B—MILITARY CON20 STRUCTION AUTHORIZA21 TIONS

22 SEC. 2001. SHORT TITLE.

23 This division may be cited as the ‘‘Military Construc24 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

Alabama .............................. Fort Rucker ..................................................... $5,900,000

Redstone Arsenal ............................................ $5,000,000

Arizona ................................ Fort Huachuca ............................................... $18,550,000

California ............................ Fort Irwin ...................................................... $25,500,000

Presidio of San Francisco ............................. $3,000,000

Colorado ............................... Fort Carson .................................................... $30,850,000

District of Columbia ........... Fort McNair ................................................... $13,500,000

Georgia ................................ Fort Benning .................................................. $37,900,000

Fort Gordon .................................................... $5,750,000

Fort Stewart ................................................... $8,400,000

Hawaii ................................. Schofield Barracks ......................................... $15,000,000

Kentucky .............................. Fort Knox ....................................................... $5,600,000

Missouri ............................... Fort Leonard Wood ........................................ $3,900,000

New Jersey .......................... Picatinny Arsenal .......................................... $5,500,000

New Mexico .......................... White Sands Missile Range ........................... $2,050,000

New York ............................. Fort Drum ...................................................... $11,450,000

United States Military Academy .................. $8,300,000

Watervliet Arsenal .......................................... $680,000

North Carolina .................... Fort Bragg ...................................................... $29,700,000

Oklahoma ............................. Fort Sill .......................................................... $14,300,000

South Carolina .................... Naval Weapons Station, Charleston ............. $25,700,000

Fort Jackson ................................................... $32,000,000

Texas .................................... Fort Hood ....................................................... $32,500,000

Fort Bliss ........................................................ $56,900,000

Fort Sam Houston ......................................... $7,000,000

Virginia ............................... Fort Eustis ...................................................... $16,400,000

Fort Myer ........................................................ $17,000,000

Washington .......................... Fort Lewis ...................................................... $32,100,000
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Army: Inside the United States—Continued

State Installation or location Amount

CONUS Classified .............. Classified Location ......................................... $1,900,000

Total: ....................................................... $472,330,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Korea ....................................... Camp Casey ................................................ $4,150,000

Camp Hovey ............................................... $13,500,000

Camp Pelham ............................................. $5,600,000

Camp Stanley ............................................. $6,800,000

Yongsan ....................................................... $1,450,000

Overseas Classified .................. Classified Location ..................................... $48,000,000

Total: ................................................... $79,500,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Amount

Alabama ..................... Redstone Arsenal ............ 118 units ................... $12,000,000
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Army: Family Housing—Continued

State Installation Purpose Amount

Kentucky ..................... Fort Knox ....................... 262 units ................... $19,000,000

New York .................... United States Military

Academy, West Point . 119 units ................... $16,500,000

Virginia ...................... Fort Lee .......................... 135 units ................... $19,500,000

Washington ................. Fort Lewis ...................... 84 units ..................... $10,800,000

Total: ................. $77,800,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to

7 exceed $2,000,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2104(a)(5)(A), the Sec13 retary of the Army may improve existing military family

14 housing in an amount not to exceed $46,600,000.

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1995, for military construction, land acquisition, and mili-
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1 tary family housing functions of the Department of the

2 Army in the total amount of $2,167,190,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $472,330,000.

6 (2) For military construction projects outside the

7 United States authorized by section 2101(b),

8 $79,500,000.

9 (3) For unspecified minor military construction

10 projects authorized by section 2805 of title 10, United

11 States Code, $9,000,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $70,778,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design, and improvements of military

18 family housing and facilities, $126,400,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $1,333,596,000.

23 (6) For the Homeowners Assistance Program, as

24 authorized by section 2832 of title 10, United States
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1 Code, $75,586,000, to remain available until ex2 pended.

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 2101 of this Act

8 may not exceed the total amount authorized to be appro9 priated under paragraphs (1) and (2) of subsection (a).

10 TITLE XXII—NAVY

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

12 ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2204(a)(1), the Secretary of the Navy may ac16 quire real property and carry out military construction

17 projects for the installations and locations inside the United

18 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

California ............................ Marine Corps Air-Ground Combat Center,

Twentynine Palms ..................................... $2,490,000

Marine Corps Base, Camp Pendleton .......... $27,584,000

Nav Com Control & Ocean Sur Cen

RDT&E Div, San Diego ........................... $3,170,000

Naval Air Station, Lemoore .......................... $7,600,000

Naval Air Station, North Island .................. $99,150,000

Naval Air Warfare Center Weapons Division, China Lake ........................................ $3,700,000

Naval Air Warfare Center Weapons Division, Point Mugu ....................................... $1,300,000

Naval Construction Batallion Center, Port

Hueneme ..................................................... $16,700,000

Naval Station, San Diego ............................. $19,960,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Florida ................................. Naval School Explosive Ordinance Disposal, Eglin Air Force Base ...................... $16,150,000

Naval Technical Training Center, Corry

Station, Pensacola ..................................... $2,565,000

Georgia ................................ Strategic Weapons Facility, Atlantic, Kings

Bay .............................................................. $2,450,000

Marine Corps Logistics Base, Albany .......... $1,300,000

Hawaii ................................. Intelligence Center Pacific, Pearl Harbor .... $2,200,000

Naval Com & Telecoms Area MASTSTA

EASTPAC, Honolulu ................................ $1,980,000

Naval Submarine Base, Pearl Harbor ......... $22,500,000

Illinois ................................. Naval Training Center, Great Lakes ............ $12,440,000

Indiana ................................ Crane Naval Surface Warfare Center ........... $3,300,000

Maryland ............................. Naval Academy, Annapolis ........................... $3,600,000

Various Maryland Locations ......................... $1,200,000

New Jersey .......................... Naval Air Warfare Center Aircraft Division, Lakehurst ........................................... $1,700,000

North Carolina .................... Marine Corps Air Station, Cherry Point .... $11,430,000

Marine Corps Air Station, New River ......... $14,650,000

Marine Corps Base, Camp LeJeune ............. $59,300,000

Pennsylvania ....................... Philadelphia Naval Shipyard ....................... $6,000,000

South Carolina .................... Marine Corps Air Station, Beaufort ............ $15,000,000

Texas .................................... Naval Air Station, Corpus Christi ............... $4,400,000

Naval Air Station, Kingsville ....................... $2,710,000

Naval Station, Ingleside ................................ $2,640,000

Virginia ............................... Fleet and Industrial Supply Center, Williamsburg .................................................... $8,390,000

Marine Corps Combat Development Command, Quantico ......................................... $3,500,000

Naval Hospital, Portsmouth ......................... $9,500,000

Naval Station, Norfolk ................................... $28,580,000

Naval Weapons Station, Yorktown ............... $1,300,000

Washington .......................... Naval Undersea Warfare Center Division,

Keyport ....................................................... $5,300,000

Puget Sound Naval Shipyard, Bremerton ... $19,870,000

Total: ....................................................... $445,609,000

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 Unit-
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1 ed States, and in the amounts, set forth in the following

2 table:

Navy: Outside the United States

Country Installation or location Amount

Guam ................................... Naval Com & Telecoms Area MASTSTA

WESTPAC .................................................. $2,250,000

Navy Public Works Center, Guam ................ $16,180,000

Italy ..................................... Naval Air Station, Sigonella ........................ $12,170,000

Naval Support Activity, Naples .................... $24,950,000

Puerto Rico ......................... Naval Security Group Activity, Sabana

Seca ............................................................. $2,200,000

Naval Station, Roosevelt Roads .................... $11,500,000

Total ........................................................ $69,250,000

3 SEC. 2202. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a)(5)(A), the Secretary of the

7 Navy 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:

Navy: Family Housing

State Installation Purpose Amount

California ................... Marine Corps Base,

Camp Pendleton ......... 205 units ................... $30,080,000

Marine Corps Base,

Camp Pendleton ......... Community Center ... $1,438,000

Marine Corps Base,

Camp Pendleton ......... Housing Office .......... $707,000

Naval Air Station,

Lemoore ...................... 240 units ................... $34,900,000

Pacific Missile Test Center, Point Mugu ......... Housing Office .......... $1,020,000

Public Works Center,

San Diego ................... 346 units ................... $49,310,000

Hawaii ....................... Naval Complex, Oahu .... 252 units ................... $48,400,000

Maryland .................... Naval Air Test Center,

Patuxent River ........... Warehouse .................. $890,000

US Naval Academy, Annapolis ........................ Housing Office .......... $800,000
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Navy: Family Housing—Continued

State Installation Purpose Amount

North Carolina ........... Marine Corps Air Station, Cherry Point ..... Community Center ... $1,003,000

Pennsylvania .............. Navy Ships Parts Control Center, Mechanicsburg ......................... Housing Office .......... $300,000

Puerto Rico ................ Naval Station, Roosevelt

Roads .......................... Housing Office .......... $710,000

Virginia ...................... Naval Surface Warfare

Center, Dahlgren ........ Housing Office .......... $520,000

Public Works Center,

Norfolk ........................ 320 units ................... $42,500,000

Public Works Center,

Norfolk ........................ Housing Office .......... $1,390,000

Total: ................. $230,752,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(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)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in an amount not to exceed $292,931,000.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to be

3 appropriated for fiscal years beginning after September 30,

4 1994, for military construction, land acquisition, and mili5 tary family housing functions of the Department of the

6 Navy in the total amount of $2,164,861,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $445,609,000.

10 (2) For military construction projects outside the

11 United States authorized by section 2201(b),

12 $69,250,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $7,200,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $66,184,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $531,289,000.

23 (B) For support of military housing (in24 cluding functions described in section 2833 of

25 title 10, United States Code), $1,045,329,000.
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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 TITLE XXIII—AIR FORCE

9 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

10 LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts ap12 propriated pursuant to the authorization of appropriations

13 in section 2304(a)(1), the Secretary of the Air Force may

14 acquire real property and carry out military construction

15 projects for the installations and locations inside the United

16 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 ................................ $3,700,000

Alaska .................................. Eielson Air Force Base .................................. $3,850,000

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

US Air Force Academy ................................. $12,874,000

Delaware .............................. Dover Air Force Base .................................... $5,500,000

District of Columbia ........... Bolling Air Force Base .................................. $12,100,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Florida ................................. Cape Canaveral Air Force Station ............... $1,600,000

Eglin Air Force Base ..................................... $13,500,000

Tyndall Air Force Base ................................. $1,200,000

Georgia ................................ Moody Air Force Base ................................... $19,190,000

Robins Air Force Base ................................... $6,900,000

Hawaii ................................. Hickam Air Force Base ................................. $10,700,000

Idaho .................................... Mountain Home Air Force Base ................... $18,650,000

Illinois ................................. Scott Air Force Base ...................................... $12,700,000

Kansas ................................. McConnell Air Force Base ............................. $15,950,000

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 .................................. $14,800,000

Missouri ............................... Whiteman Air Force Base ............................. $24,600,000

Nevada ................................. Nellis Air Force Base ..................................... $10,500,000

New Jersey .......................... McGuire Air Force Base ................................ $21,500,000

New Mexico .......................... Cannon Air Force Base ................................. $13,420,000

Kirtland Air Force Base ............................... $9,156,000

North Carolina .................... Pope Air Force Base ...................................... $8,250,000

Seymour Johnson Air Force Base ................ $7,530,000

North Dakota ....................... Grand Forks Air Force Base ......................... $14,800,000

Minot Air Force Base .................................... $1,550,000

Ohio ..................................... Wright Patterson Air Force Base ................. $4,100,000

Oklahoma ............................. Altus Air Force Base ..................................... $5,200,000

Tinker Air Force Base ................................... $5,100,000

South Carolina .................... Charleston Air Force Base ............................. $12,500,000

Shaw Air Force Base ..................................... $1,300,000

Tennessee ............................. Arnold Air Force Base ................................... $5,000,000

Texas .................................... Dyess Air Force Base ..................................... $5,400,000

Goodfellow Air Force Base ............................ $1,000,000

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

Virginia ............................... Langley Air Force Base ................................. $1,000,000

Washington .......................... Fairchild Air Force Base .............................. $15,700,000

McChord Air Force Base ............................... $9,900,000

Wyoming .............................. F.E. Warren Air Force Base ......................... $13,000,000

CONUS Classified .............. Classified Location ......................................... $700,000

Total: ....................................................... $479,390,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria-
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1 tions in section 2304(a)(2), the Secretary of the Air Force

2 may acquire real property and may carry out military con3 struction projects for the installations and locations outside

4 the United States, and in the amounts, set forth in the fol5 lowing 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 ................. Lakenheath Royal Air Force Base ................ 1,820,000

Mildenhall Royal Air Force Base ................. 2,250,000

Overseas Classified .............. Classified Location ......................................... 17,100,000

Total: ....................................................... $49,400,000

6 SEC. 2302. FAMILY HOUSING.

7 (a) CONSTRUCTION AND ACQUISITION.—Using

8 amounts appropriated pursuant to the authorization of ap9 propriations in section 2304(a)(5)(A), the Secretary of the

10 Air Force may construct or acquire family housing units

11 (including land acquisition) at the installations, for the

12 purposes, and in the amounts set forth in the following

13 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
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Air Force: Family Housing—Continued

State/Country Installation Purpose Amount

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 127 units ................... 20,750,000

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 ......................... 880,000

MacDill Air Force Base Family Housing Office ......................... 646,000

Patrick Air Force Base . 70 units ..................... 7,947,000

Tyndall Air Force Base . 82 units ..................... 9,800,000

Georgia ....................... Moody Air Force Base ... 1 Officer & 1 General

Officer Quarter ..... 513,000

Guam .......................... Andersen Air Force Base Housing Maintenance

Facility .................. 1,700,000

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 ..................... 4,900,000

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 ..... 143 Units .................. 22,357,000

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

Seymour Johnson Air

Force Base .................. 1 General Officer

Quarters ................ 204,000

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 ............................. Management Office ... 500,000
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Air Force: Family Housing—Continued

State/Country Installation Purpose Amount

Sheppard Air Force

Base ............................. Housing Maintenance

Facility .................. 600,000

Turkey ........................ Incirlik Air Base ............ 150 units ................... 10,146,000

Washington ................. McChord Air Force Base 50 units ..................... 9,504,000

Total: ................. $194,555,000

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 $8,989,000.

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 $90,959,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) IN GENERAL.—Funds are hereby authorized to be

18 appropriated for fiscal years beginning after September 30,

19 1995, for military construction, land acquisition, and mili-
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1 tary family housing functions of the Department of the Air

2 Force in the total amount of $1,727,557,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $479,390,000.

6 (2) For military construction projects outside the

7 United States authorized by section 2301(b),

8 $49,400,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $9,030,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $49,021,000.

15 (5) For military housing functions:

16 (A) For construction and acquisition, plan17 ning and design and improvement of military

18 family housing and facilities, $294,503,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $846,213,000.

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and
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1 any other cost variation authorized by law, the total cost

2 of all projects carried out under section 2301 of this Act

3 may not exceed the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection (a).

5 SEC. 2305. RETENTION OF ACCRUED INTEREST ON FUNDS

6 DEPOSITED FOR CONSTRUCTION OF FAMILY

7 HOUSING, SCOTT AIR FORCE BASE, ILLINOIS.

8 (a) RETENTION OF INTEREST.—Section 2310 of the

9 Military Construction Authorization Act for Fiscal Year

10 1994 (division B of Public Law 103–160; 107 Stat. 1874)

11 is amended—

12 (1) by redesignating subsection (b) as subsection

13 (c); and

14 (2) by inserting after subsection (a) the following

15 new subsection:

16 ‘‘(b) RETENTION OF INTEREST.—Interest accrued on

17 the funds transferred to the County pursuant to subsection

18 (a) shall be retained in the same account as the transferred

19 funds and shall be available to the County for the same pur20 pose as the transferred funds.’’.

21 (b) LIMITATION ON UNITS CONSTRUCTED.—Subsection

22 (c) of such section, as redesignated by subsection (a)(1), is

23 amended by adding at the end the following new sentence:

24 ‘‘The number of units constructed using the transferred

25 funds (and interest accrued on these funds) may not exceed
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1 the number of units of military family housing authorized

2 for Scott Air Force Base, Illinois, in section 2302(a) of the

3 Military Construction Authorization Act for Fiscal Year

4 1993 (division B of Public Law 102–484; 106 Stat. 2595).’’.

5 (c) EFFECT OF COMPLETION OF CONSTRUCTION.—

6 Such section is further amended by adding at the end the

7 following new subsection:

8 ‘‘(d) COMPLETION OF CONSTRUCTION.—Upon the com9 pletion of the construction authorized by this section, all

10 funds remaining from the funds transferred pursuant to

11 subsection (a) and the interest accrued on these funds shall

12 be deposited in the general fund of the Treasury of the Unit13 ed States.’’.

14 TITLE XXIV—DEFENSE

15 AGENCIES

16 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC17 TION AND LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2405(a)(1), and, in the case of the project de21 scribed in section 2405(b)(2), other amounts appropriated

22 pursuant to authorizations enacted after this Act for that

23 project, the Secretary of Defense may acquire real property

24 and carry out military construction projects for the instal-
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1 lations and locations inside the United States, and in the

2 amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency/State Installation or location Amount

Ballistic Missile Defense Organization

Texas .................................... Fort Bliss ........................................................ $13,600,000

Defense Finance &

Accounting Service

Ohio ..................................... Columbus Center ............................................ $72,403,000

Defense Intelligence

Agency

District of Columbia ........... Bolling Air Force Base .................................. $1,743,000

Defense Logistics

Agency

Alabama .............................. Defense Distribution Anniston ...................... $3,550,000

California ............................ Defense Distribution Stockton ....................... $15,000,000

DFSC, Point Mugu ........................................ $750,000

Delaware .............................. DFSC, Dover Air Force Base ........................ $15,554,000

Florida ................................. DFSC, Eglin Air Force Base ........................ $2,400,000

Louisiana ............................ DFSC, Barksdale Air Force Base ................. $13,100,000

New Jersey .......................... DFSC, McGuire Air Force Base ................... $12,000,000

Pennsylvania ....................... Def Distribution New Cumberland—DDSP $4,600,000

Virginia ............................... Defense Distribution Depot—DDNV ............ $10,400,000

Defense Mapping

Agency

Missouri ............................... Defense Mapping Agency Aerospace Center.. $40,300,000

Defense Medical Facility Office

Arizona ................................ Luke Air Force Base ...................................... $8,100,000

California ............................ Fort Irwin ...................................................... $6,900,000

Marine Corps Base, Camp Pendleton .......... $1,700,000

Vandenberg Air Force Base ........................... $5,700,000

Delaware .............................. Dover Air Force Base .................................... $4,400,000

Georgia ................................ Fort Benning .................................................. $5,600,000

Louisiana ............................ Barksdale Air Force Base .............................. $4,100,000

Maryland ............................. Bethesda Naval Hospital ............................... $1,300,000

Walter Reed Army Institute of Research ..... $1,550,000

Texas .................................... Fort Hood ....................................................... $5,500,000

Lackland Air Force Base ............................... $6,100,000

Reese Air Force Base ..................................... $1,000,000

Virginia ............................... Northwest Naval Security Group Activity ... $4,300,000

National Security

Agency
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Defense Agencies: Inside the United States—Continued

Agency/State Installation or location Amount

Maryland ............................. Fort Meade ...................................................... $18,733,000

Office of the Secretary of Defense

Inside the United States Classified location .......................................... $11,500,000

Department of Defense Dependents

Schools

Alabama .............................. Maxwell Air Force Base ................................ $5,479,000

Georgia ................................ Fort Benning .................................................. $1,116,000

South Carolina .................... Fort Jackson ................................................... $576,000

Special Operations

Command

California ............................ Naval Air Station, Miramar ......................... $5,200,000

Florida ................................. Duke Field ...................................................... $2,400,000

Eglin Auxiliary Field 9 ................................ $14,150,000

Louisiana ............................ Naval Support Activity, New Orleans ......... $730,000

North Carolina .................... Fort Bragg ...................................................... $23,800,000

Pennsylvania ....................... Olmstead Field, Harrisburg IAP .................. $1,643,000

Virginia ............................... Dam Neck ........................................................ $6,100,000

Naval Amphibious Base, Little Creek .......... $4,500,000

Total: ....................................................... $357,577,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the Unit6 ed States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency/Country Installation Name Amount

Defense Logistics

Agency

Puerto Rico ......................... Defense Fuel Support Point, Roosevelt

Roads ........................................................... $6,200,000

Spain ................................... DFSC Rota ..................................................... $7,400,000
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Defense Agencies: Outside the United States—Continued

Agency/Country Installation Name Amount

Defense Medical Facility Office

Italy ..................................... Naval Support Activity, Naples .................... $5,000,000

Department of Defense Dependents

Schools

Germany .............................. Ramstein Air Force Base .............................. $19,205,000

Italy ..................................... Naval Air Station, Sigonella ........................ $7,595,000

National Security

Agency

United Kingdom ................. Menwith Hill Station .................................... $677,000

Special Operations

Command

Guam ................................... Naval Station, Guam .................................... $8,800,000

Total: ....................................................... $54,877,000

1 SEC. 2402. FAMILY HOUSING PRIVATE INVESTMENT.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(13)(A), the

4 Secretary of Defense may enter into agreements to con5 struct, acquire, and improve family housing units (includ6 ing land acquisition) at or near military installations, for

7 the purpose of encouraging private investments, in the

8 amount of $22,000,000. Amounts appropriated pursuant to

9 such section may be transferred from the Department of De10 fense Family Housing Improvement Fund established under

11 section 2873 of title 10, United States Code, to the family

12 housing accounts of the military departments for the pur13 pose of encouraging private investments.
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1 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(13)(A), the

6 Secretary of Defense may improve existing military family

7 housing units in an amount not to exceed $3,772,000.

8 SEC. 2404. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2405(a)(11), the Sec11 retary of Defense may carry out energy conservation

12 projects under section 2865 of title 10, United States Code.

13 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

14 AGENCIES.

15 (a) IN GENERAL.—Funds are hereby authorized to be

16 appropriated for fiscal years beginning after September 30,

17 1995, for military construction, land acquisition, and mili18 tary family housing functions of the Department of Defense

19 (other than the military departments), in the total amount

20 of $4,692,463,000 as follows:

21 (1) For military construction projects inside the

22 United States authorized by section 2401(a),

23 $322,574,000.

24 (2) For military construction projects outside the

25 United States authorized by section 2401(b),

26 $54,877,000.
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1 (3) For military construction projects at Ports2 mouth Naval Hospital, Virginia, authorized by sec3 tion 2401(a) of the Military Construction Authoriza4 tion Act for Fiscal Years 1990 and 1991 (division B

5 of Public Law 101–189; 103 Stat. 1640), $47,900,000.

6 (4) For military construction projects at Elmen7 dorf Air Force Base, Alaska, hospital replacement,

8 authorized by section 2401(a) of the Military Con9 struction Authorization Act for Fiscal Year 1993 (di10 vision B of Public Law 102–484; 106 Stat. 2599),

11 $28,100,000.

12 (5) For military construction projects at Walter

13 Reed Army Institute of Research, Maryland, hospital

14 replacement, authorized by section 2401(a) of the

15 Military Construction Authorization Act for Fiscal

16 Year 1993 (division B of Public Law 102–484; 106

17 Stat. 2599), $27,000,000.

18 (6) For military construction projects at Pine

19 Bluff Arsenal, Arkansas, authorized by section

20 2401(a) of the Military Construction Authorization

21 Act for Fiscal Year 1995 (division B of Public Law

22 103–337; 108 Stat. 3040), $40,000,000.

23 (7) For military construction projects at

24 Umatilla Army Depot, Oregon, authorized by section

25 2401(a) of the Military Construction Authorization
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1 Act for Fiscal Year 1995 (division B of Public Law

2 103–337; 108 Stat. 3040), $55,000,000.

3 (8) For unspecified minor construction projects

4 under section 2805 of title 10, United States Code,

5 $23,007,000.

6 (9) For contingency construction projects of the

7 Secretary of Defense under section 2804 of title 10,

8 United States Code, $11,037,000.

9 (10) For architectural and engineering services

10 and construction design under section 2807 of title

11 10, United State Code, $68,837,000.

12 (11) For energy conservation projects authorized

13 by section 2404, $50,000,000.

14 (12) For base closure and realignment activities

15 as authorized by the Defense Base Closure and Re16 alignment Act of 1990 (part A of title XXIX of Public

17 Law 101–510; 10 U.S.C. 2687 note), $3,897,892,000.

18 (13) For military family housing functions:

19 (A) For construction and acquisition and

20 improvement of military family housing and fa21 cilities, $25,772,000.

22 (B) For support of military housing (in23 cluding functions described in section 2833 of

24 title 10, United States Code), $40,467,000, of

25 which not more than $24,874,000 may be obli-
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1 gated or expended for the leasing of military

2 family housing units worldwide.

3 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variation authorized

5 by section 2853 of title 10, United States Code, and any

6 other cost variations authorized by law, the total cost of

7 all projects carried out under section 2401 of this Act may

8 not exceed—

9 (1) the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection

11 (a); and

12 (2) $35,003,000 (the balance of the amount au13 thorized under section 2401(a) for the construction of

14 a center of the Defense Finance and Accounting Serv15 ice at Columbus, Ohio).

16 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

17 FISCAL YEAR 1995 PROJECTS.

18 The table in section 2401 of the Military Construction

19 Authorization Act for Fiscal Year 1995 (division B of Pub20 lic Law 103–337; 108 Stat. 3040), under the agency head21 ing relating to Chemical Weapons and Munitions Destruc22 tion, is amended—

23 (1) in the item relating to Pine Bluff Arsenal,

24 Arkansas, by striking out ‘‘$3,000,000’’ in the amount
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1 column and inserting in lieu thereof ‘‘$115,000,000’’;

2 and

3 (2) in the item relating to Umatilla Army

4 Depot, Oregon, by striking out ‘‘$12,000,000’’ in the

5 amount column and inserting in lieu thereof

6 ‘‘$186,000,000’’.

7 SEC. 2407. LIMITATION ON EXPENDITURES FOR CONSTRUC8 TION PROJECT AT UMATILLA ARMY DEPOT,

9 OREGON.

10 None of the funds appropriated to the Department of

11 Defense for fiscal year 1996 for the construction of a chemi12 cal munitions incinerator facility at Umatilla Army Depot

13 may be obligated or expended before March 1, 1996.

14 TITLE XXV—NORTH ATLANTIC

15 TREATY ORGANIZATION IN16 FRASTRUCTURE

17 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

18 ACQUISITION PROJECTS.

19 The Secretary of Defense may make contributions for

20 the North Atlantic Treaty Organization Infrastructure pro21 gram as provided in section 2806 of title 10, United States

22 Code, in an amount not to exceed the sum of the amount

23 authorized to be appropriated for this purpose in section

24 2502 and the amount collected from the North Atlantic
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1 Treaty Organization as a result of construction previously

2 financed by the United States.

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 1995, for contribu6 tions by the Secretary of Defense under section 2806 of title

7 10, United States Code, for the share of the United States

8 of the cost of projects for the North Atlantic Treaty Organi9 zation Infrastructure program, as authorized by section

10 2501, in the amount of $161,000,000.

11 TITLE XXVI—GUARD AND

12 RESERVE FORCES FACILITIES

13 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC14 TION AND LAND ACQUISITION PROJECTS.

15 There are authorized to be appropriated for fiscal

16 years beginning after September 30, 1995, for the costs of

17 acquisition, architectural and engineering services, and

18 construction of facilities for the Guard and Reserve Forces,

19 and for contributions therefor, under chapter 133 of title

20 10, United States Code (including the cost of acquisition

21 of land for those facilities), the following amounts:

22 (1) For the Department of the Army—

23 (A) for the Army National Guard of the

24 United States, $72,537,000; and

25 (B) for the Army Reserve, $42,963,000.
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1 (2) For the Department of the Navy, for the

2 Naval and Marine Corps Reserve, $19,655,000.

3 (3) For the Department of the Air Force—

4 (A) for the Air National Guard of the Unit5 ed States, $118,267,000; and

6 (B) for the Air Force Reserve, $31,502,000.

7 SEC. 2602. CORRECTION IN AUTHORIZED USES OF FUNDS

8 FOR ARMY NATIONAL GUARD PROJECTS IN

9 MISSISSIPPI.

10 Amounts appropriated pursuant to the authorization

11 of appropriations in section 2601(1)(A) of the Military

12 Construction Authorization Act for Fiscal Year 1994 (divi13 sion B of Public Law 103–160; 107 Stat. 1878) for the ad14 dition or alteration of Army National Guard Armories at

15 various locations in the State of Mississippi shall be avail16 able for the addition, alteration, or new construction of ar17 mory facilities and an operation and maintenance shop fa18 cility (including the acquisition of land for such facilities)

19 at various locations in the State of Mississippi.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Infrastructure program (and

13 authorizations of appropriations therefor) shall expire on

14 the later of—

15 (1) October 1, 1998; or

16 (2) the date of the enactment of an Act authoriz17 ing funds for military construction for fiscal year

18 1999.

19 (b) EXCEPTION.—Subsection (a) shall not apply to au20 thorizations for military construction projects, land acqui21 sition, family housing projects and facilities, and contribu22 tions to the North Atlantic Treaty Organization Infrastruc23 ture program (and authorizations of appropriations there24 for), for which appropriated funds have been obligated be25 fore the later of—
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1 (1) October 1, 1998; or

2 (2) the date of the enactment of an Act authoriz3 ing funds for fiscal year 1999 for military construc4 tion projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Infrastructure program.

7 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

8 FISCAL YEAR 1993 PROJECTS.

9 (a) EXTENSIONS.—Notwithstanding section 2701 of

10 the Military Construction Authorization Act for Fiscal Year

11 1993 (division B of Public Law 102–484; 106 Stat. 2602),

12 authorizations for the projects set forth in the tables in sub13 section (b), as provided in section 2101, 2102, 2201, 2301,

14 or 2601 of that Act, shall remain in effect until October

15 1, 1996, or the date of the enactment of an Act authorizing

16 funds for military construction for fiscal year 1997, which17 ever is later.

18 (b) TABLES.—The tables referred to in subsection (a)

19 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 ........... Additions and Alterations

Sewage Treatment

Plant ............................. $17,500,000

Virginia .............. Fort Pickett ...................... Sewage Treatment Plant $5,800,000

Family Housing (26

Units) ........................... $2,300,000
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Navy: Extension of 1993 Project Authorizations

State Installation or location Project Amount

California ........... Camp Pendleton Marine

Corps Base ................... Sewage Treatment Plant $19,740,000

Maryland ........... Patuxent River Naval

Warfare Center ............ Advanced Systems Integration Facility ........... $60,990,000

Mississippi ......... Meridian Naval Air Station ............................... Child Development Center $1,100,000

Virginia .............. Dam Neck Fleet Combat

Training Center .......... Land Acquisition ............. $4,500,000

Air Force: Extension of 1993 Project Authorization

State or countryInstallation or location Project Amount

District of Columbia ............ Bolling Air Force Base ... Base Engineer Complex .. $1,300,000

North Carolina .. Pope Air Force Base ....... Munitions Storage Complex ............................... $4,300,000

Virginia .............. Langley Air Force Base .. Civil Engineer Complex .. $5,300,000

Guam .................. Andersen Air Force Base Solid Waste Complex ....... $10,000,000

Portugal ............. Lajes Field ....................... Water Wells ...................... $865,000

Fire Training Facility ... $1,300,000

Army Reserve: Extension of 1993 Project Authorizations

State Location Project Amount

West Virginia ..... Bluefield ........................... Additions and Alterations

Reserve Center ............. $1,921,000

Clarksburg ........................ Additions and Alterations

AMSA ........................... $1,156,000

Grantville ......................... Reserve Center/OMS ........ $2,785,000

Jane Lew .......................... Reserve Center ................. $1,566,000

Lewisburg ......................... Reserve Center/OMS ........ $1,631,000

Weirton ............................. Reserve Center/OMS ........ $3,481,000

Army National Guard: Extension of 1993 Project Authorizations

State Location Project Amount

New Jersey ......... Fort Dix ........................... Additions and Alterations

Armory ......................... $4,750,000

Oregon ................ La Grande ........................ OMS .................................. $995,000

Armory Addition ............. $3,049,000
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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(a) of the Military Construc9 tion Authorization Act for Fiscal Year 1995 (division B

10 of Public Law 103–337; 108 Stat. 3047), shall remain in

11 effect until October 1, 1996, or the date of the enactment

12 of an Act authorizing funds for military construction for

13 fiscal 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

Ammunition Demilitarization Utilities ...... $7,500,000

Army Reserve: Extension of 1992 Project Authorization

State Location Project Amount

Tennessee ............ Jackson ............................. Joint Training Facility .. $1,537,000

16 SEC. 2704. EFFECTIVE DATE.

17 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

18 take effect on the later of—
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1 (1) October 1, 1995; or

2 (2) the date of the enactment of this Act.

3 TITLE XXVIII—GENERAL

4 PROVISIONS

5 Subtitle A—Military Construction

6 Program and Military Family

7 Housing Changes

8 SEC. 2801. ALTERNATIVE MEANS OF ACQUIRING AND IM9 PROVING MILITARY FAMILY HOUSING AND

10 SUPPORTING FACILITIES FOR THE ARMED

11 FORCES.

12 (a) FINDINGS AND PURPOSE.—(1) Congress finds the

13 following:

14 (A) Adequate military family housing is essen15 tial to the retention of well-trained and professional

16 members of the Armed Forces.

17 (B) Current military family housing is in many

18 circumstances substandard, inadequately maintained,

19 or obsolete. Of the more than 375,000 military fami20 lies living on military installations, two-thirds of

21 such families reside in unsuitable quarters.

22 (C) Traditional military construction techniques

23 are frequently lengthy and more expensive than com24 mercial methods. At current appropriation levels,

25 modernization of military family housing located on
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1 military installations could require more than 30

2 years to accomplish.

3 (D) A combination of private housing capital

4 and commercial construction techniques could help to

5 alleviate the shortage of suitable military family

6 housing in a far more timely and cost effective man7 ner.

8 (2) It is the purpose of this section to obtain new and

9 improved military family housing and ancillary support10 ing facilities for the Armed Forces using private capital

11 and expertise.

12 (b) ALTERNATIVE PROVISION OF HOUSING AND FA13 CILITIES.—(1) Chapter 169 of title 10, United States Code,

14 is amended by adding at the end the following new sub15 chapter:

16 ‘‘SUBCHAPTER IV—ALTERNATIVE PROVISION OF

17 MILITARY FAMILY HOUSING

‘‘Sec.

‘‘2871. Definitions.

‘‘2872. General limitations and authorities.

‘‘2873. Department of Defense Family Housing Improvement Fund.

‘‘2875. Housing finance and acquisition authorities.

‘‘2876. Expiration of authority.

18 ‘‘§ 2871. Definitions

19 ‘‘In this subchapter:

20 ‘‘(1) The term ‘construction’ means the construc21 tion of additional units of military family housing

22 and ancillary supporting facilities or the replacement
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1 or renovation of existing units or ancillary support2 ing facilities.

3 ‘‘(2) The term ‘ancillary supporting facilities’

4 means facilities related to military family housing,

5 such as day care centers, community centers, housing

6 offices, maintenance complexes, tot lots, and parks.

7 Such term does not include commercial facilities that

8 could not otherwise be constructed using funds appro9 priated to the Department of Defense.

10 ‘‘(3) The term ‘contract’ includes any contract,

11 lease, or other agreement entered into under the au12 thority of this subchapter.

13 ‘‘(4) The term ‘Fund’ means the Department of

14 Defense Family Housing Improvement Fund estab15 lished under section 2873(a) of this title.

16 ‘‘§ 2872. General limitations and authorities

17 ‘‘(a) USE OF AUTHORITIES.—The Secretary concerned

18 may use the authorities provided by this subchapter, singly

19 or in conjunction with other authorities provided under this

20 chapter, to help meet the military family housing needs of

21 members of the armed forces and the dependents of such

22 members at military installations at which there is a short23 age of suitable housing for members and their dependents.

24 ‘‘(b) TERM.—Subject to section 2873(d)(2) of this title,

25 a contract entered into under this subchapter may be for
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1 such term as the Secretary concerned considers to be in the

2 best interests of the United States.

3 ‘‘(c) PHASED OCCUPANCY.—A contract under this sub4 chapter may provide for phased occupancy of completed

5 family housing units under one or more interim leases dur6 ing the period of the construction or renovation of the hous7 ing units. In no case shall any such interim lease extend

8 beyond the construction or renovation period.

9 ‘‘(d) UNIT SIZE AND TYPE.—Section 2826 of this title

10 shall not apply to military family housing units acquired

11 or constructed under this subchapter, except that room and

12 floor area size of such housing units should generally be

13 comparable to private sector housing available in the same

14 locality. When acquiring existing family housing in lieu of

15 construction under section 2824 of this title, the Secretary

16 concerned may vary the number of types of units to be ac17 quired as long as the total number of units is substantially

18 the same as authorized by law.

19 ‘‘(e) LOCATION.—The Secretary concerned may use the

20 authorities provided under this subchapter to acquire or

21 construct military family housing units and ancillary sup22 porting facilities in the United States, the Commonwealth

23 of Puerto Rico, and in any territory or possession of the

24 United States.
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1 ‘‘(f) NOTIFICATION REQUIRED FOR CONTRACTS.—The

2 Secretary concerned may not enter into a contract under

3 this subchapter until after the end of the 21-day period be4 ginning on the date the Secretary concerned submits to the

5 appropriate committees of Congress written notice of the

6 nature and terms of the contract.

7 ‘‘(g) ASSIGNMENTS.—The Secretary concerned may as8 sign members of the armed forces to any military family

9 housing obtained using the authorities provided in this sub10 chapter in accordance with section 403(b) of title 37.

11 ‘‘(h) ALLOTMENTS.—The Secretary concerned may re12 quire a member of the armed forces to pay rent by allotment

13 as a condition of occupying military family housing ob14 tained using the authorities provided in this subchapter.

15 ‘‘(i) SUPPORTING FACILITIES.—Any contract entered

16 into under this subchapter may include provisions for the

17 construction or acquisition of ancillary supporting facili18 ties.

19 ‘‘(j) AUTHORITY TO LEASE OR SELL LAND, HOUSING,

20 AND SUPPORTING FACILITIES.—(1) The Secretary con21 cerned may lease or sell land, housing, and ancillary sup22 porting facilities under the jurisdiction of the Secretary for

23 the purpose of providing additional military family hous24 ing or improving existing military family housing under

25 this subchapter, except that the authority to lease or sell
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1 real property under this subchapter shall not extend to

2 property located at a military installation approved for clo3 sure.

4 ‘‘(2) A sale or lease under this subsection may be made

5 for such consideration and upon such terms and conditions

6 as the Secretary concerned shall determine to be consistent

7 with the purposes of this subchapter and the public interest.

8 The acreage and legal description of any property leased

9 or conveyed under this subsection shall be determined by

10 a survey satisfactory to the Secretary concerned.

11 ‘‘(3) Section 2667 of this title, the Federal Property

12 and Administrative Services Act of 1949 (40 U.S.C. 471),

13 section 501 of the Stewart B. McKinney Homeless Assist14 ance Act (42 U.S.C. 11411), and section 321 of the Act of

15 June 30, 1932 (47 Stat. 412) shall not apply to leases and

16 sales under this subsection.

17 ‘‘(4) As part or all of the consideration for the sale

18 or lease of property under this subsection, the Secretary con19 cerned shall require an ancillary agreement under which

20 the person receiving the property agrees to give priority to

21 military members and their dependents in the leasing of

22 existing or new housing units under the control or provided

23 by the person. Such agreements may provide for the pay24 ment by the Secretary concerned of security or damage de25 posits.
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1 ‘‘§ 2873. Department of Defense Family Housing Im2 provement Fund

3 ‘‘(a) ESTABLISHMENT.—There is hereby established on

4 the books of the Treasury an account to be known as the

5 Department of Defense Family Housing Improvement

6 Fund, which shall be administered by the Secretary of De7 fense as a single account. Amounts in the Fund shall be

8 available without fiscal year limitation.

9 ‘‘(b) DEPOSITS.—There shall be deposited into the

10 Fund the following:

11 ‘‘(1) Amounts authorized for and appropriated

12 into the Fund.

13 ‘‘(2) Subject to subsection (c), any amounts that

14 the Secretary of Defense may transfer to the Fund

15 from amounts appropriated to the Department of De16 fense for construction of military family housing.

17 ‘‘(3) Proceeds received from the conveyance or

18 lease of real property under section 2872(j) of this

19 title, income from operations conducted under this

20 subchapter, including refunds of deposits, and any re21 turn of capital or return on investments entered into

22 under this subchapter.

23 ‘‘(c) NOTIFICATION REQUIRED FOR TRANSFERS.—A

24 transfer of appropriated amounts to the Fund under sub25 section (b)(2) may be made only after the end of the 30-

26 day period beginning on the date the Secretary of Defense
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1 submits written notice of, and justification for, the transfer

2 to the appropriate committees of Congress.

3 ‘‘(d) USE OF FUNDS.—(1) In such total amount as is

4 provided in advance in appropriation Acts, the Secretary

5 of Defense may use amounts in the Fund for alternative

6 means of financing military family housing and ancillary

7 supporting facilities as authorized in this subchapter.

8 ‘‘(2) The Secretary may not enter into a contract

9 under this subchapter unless the Fund contains sufficient

10 amounts, as of the time the contract is entered into, to sat11 isfy the total obligations to be incurred by the United States

12 under the contract.

13 ‘‘(3) The total value in budget authority of all con14 tracts and investments undertaken using the authorities

15 provided in the subchapter shall not exceed $1,000,000,000.

16 ‘‘(e) LOANS AND LOAN GUARANTEES.—Loans and loan

17 guarantees may be entered into under this subchapter only

18 to the extent that appropriations of budget authority to

19 cover their costs (as defined in section 502(5) of the Federal

20 Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are made

21 in advance, or authority is otherwise provided in appro22 priations Acts.

23 ‘‘(f) ANNUAL REPORT.—The Secretary of Defense shall

24 submit to the appropriate committees of Congress an an25 nual report detailing the expenditures from and deposits
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1 into the Fund during the preceding year and the utilization

2 and effectiveness of the authorities provided by this sub3 chapter. The Secretary shall submit the report at the same

4 time that the President submits the budget to Congress

5 under section 1105 of title 31.

6 ‘‘§ 2875. Housing finance and acquisition authorities

7 ‘‘(a) GUARANTEES.—(1) The Secretary concerned may

8 enter into contracts that provide for guarantees, insurance,

9 or other contingent payments to owners, mortgagors, or as10 signees of housing units and ancillary supporting facilities

11 that are made available for use by members of the armed

12 forces.

13 ‘‘(2) Contingencies under which payments may be

14 made under such a contract include the following:

15 ‘‘(A) A failure to pay interest or principal on

16 mortgages, generally or as a result of a base closure

17 or realignment, a reduction in force, an extended de18 ployment of assigned forces, or similar contingencies.

19 ‘‘(B) A failure to achieve specified occupancy lev20 els of, or rental income from, housing units covered

21 by a contract.

22 ‘‘(3) Such contracts may be on such terms and condi23 tions as the Secretary concerned considers necessary or de24 sirable to induce the provision of housing and ancillary

25 supporting facilities, whether by acquisition or construc-
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1 tion, for use by members of the armed forces, and to protect

2 the financial interests of the United States.

3 ‘‘(b) LEASES.—The Secretary concerned may enter

4 into a contract for the lease of housing units to be acquired

5 or constructed on or near a military installation. Such a

6 contract may provide for the owner of the property to oper7 ate and maintain the facilities.

8 ‘‘(c) DIFFERENTIAL PAYMENTS.—In entering into con9 tracts under this subchapter, the Secretary concerned may

10 make a differential payment in addition to rental payments

11 made by individual members.

12 ‘‘(d) INVESTMENTS.—(1) The Secretary concerned may

13 make investments in nongovernmental entities involved in

14 the acquisition or construction of housing and ancillary

15 supporting facilities on or near a military installation for

16 such consideration and upon such terms and conditions as

17 the Secretary concerned determines to be consistent with the

18 purposes of this subchapter and the public interest.

19 ‘‘(2) Such investments may take the form of limited

20 partnership interests, stock, debt instruments, or a com21 bination thereof.

22 ‘‘(3) The investment made by the Secretary concerned

23 in an acquisition or construction project under this sub24 section, whether the investment is in the form of cash, land

25 or buildings under section 2872(j) of this title, or other
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1 form, may not exceed 35 percent of the capital costs of the

2 acquisition or construction project.

3 ‘‘(e) COLLATERAL INCENTIVE AGREEMENTS.—The

4 Secretary concerned may also enter into collateral incentive

5 agreements in connection with investments made under sub6 section (d) to ensure that a suitable preference will be af7 forded members of the armed forces to lease or purchase,

8 at affordable rates, a reasonable number of the housing

9 units covered by the investment contract.

10 ‘‘§ 2876. Expiration of authority

11 ‘‘The authority of the Secretaries concerned to enter

12 into contracts and partnerships and to make investments

13 under this subchapter shall expire on September 30, 2000.’’.

14 (2) The table of subchapters at the beginning of chapter

15 169 of title 10, United States Code, is amended by inserting

16 after the item relating to subchapter III the following new

17 item:

‘‘IV. Alternative Provision of Military Family Housing ...................... 2871’’.

18 SEC. 2802. INCLUSION OF OTHER ARMED FORCES IN NAVY

19 PROGRAM OF LIMITED PARTNERSHIPS WITH

20 PRIVATE DEVELOPERS FOR MILITARY

21 HOUSING.

22 (a) EXPANDED AUTHORITY FOR HOUSING PARTNER23 SHIPS.—(1) Subchapter IV of chapter 169 of title 10, Unit24 ed States Code, as added by section 2801, is amended by

25 inserting after section 2873 the following new section:
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1 § ‘‘2874. Limited partnerships with private developers

2 of housing

3 ‘‘(a) LIMITED PARTNERSHIPS.—In order to meet the

4 housing requirements of members of the armed forces, and

5 the dependents of such members, at a military installation

6 described in section 2872(a) of this title, the Secretary con7 cerned may enter into a limited partnership with one or

8 more private developers to encourage the construction of

9 housing and ancillary supporting facilities within commut10 ing distance of the installation. Section 2875(d) of this title

11 shall apply with respect to the investments the Secretary

12 concerned may make toward development costs under a lim13 ited partnership.

14 ‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The

15 Secretary concerned may also enter into collateral incentive

16 agreements with private developers who enter into a limited

17 partnership under subsection (a) to ensure that, where ap18 propriate—

19 ‘‘(1) a suitable preference will be afforded mem20 bers of the armed forces in the lease or purchase, as

21 the case may be, of a reasonable number of the hous22 ing units covered by the limited partnership; or

23 ‘‘(2) the rental rates or sale prices, as the case

24 may be, for some or all of such units will be afford25 able for such members.
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1 ‘‘(c) SELECTION OF INVESTMENT OPPORTUNITIES.—

2 (1) The Secretary concerned shall use publicly advertised,

3 competitively bid or competitively negotiated, contracting

4 procedures, as provided in chapter 137 of this title, to enter

5 into limited partnerships under subsection (a).

6 ‘‘(2) When a decision is made by the Secretary con7 cerned to enter into a limited partnership under subsection

8 (a), the Secretary shall submit a report in writing to the

9 appropriate committees of Congress on that decision. Each

10 such report shall include the justification for the limited

11 partnership, the terms and conditions of the limited part12 nership, a description of the development costs for projects

13 under the limited partnership, and a description of the

14 share of such costs to be incurred by the Secretary con15 cerned. The Secretary concerned may then enter into the

16 limited partnership only after the end of the 21-day period

17 beginning on the date the report is received by such commit18 tees.

19 ‘‘(d) HOUSING INVESTMENT BOARDS.—(1) Each Sec20 retary concerned shall establish a housing investment board,

21 which shall have the duties—

22 ‘‘(A) of advising the Secretary concerned regard23 ing those proposed limited partnerships under sub24 section (a), if any, that are financially and otherwise
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1 sound investments for meeting the objectives of this

2 section;

3 ‘‘(B) of administering amounts in the Account

4 established under section 2873 of this title that are

5 made available to the Secretary concerned to carry

6 out this section; and

7 ‘‘(C) of performing such other tasks as the Sec8 retary concerned determines to be necessary and ap9 propriate to assist the Secretary to carry out the du10 ties of the Secretary under this section.

11 ‘‘(2) A housing investment board shall be composed of

12 seven members appointed for a two-year term by the Sec13 retary concerned. Among such members, the Secretary con14 cerned may appoint two persons from the private sector who

15 have knowledge and experience in the financing and the

16 construction of housing. The Secretary concerned shall des17 ignate one of the members as chairperson.

18 ‘‘(3) Members of a housing investment board, other

19 than those members regularly employed by the Federal Gov20 ernment, may be paid while attending meetings of the board

21 or otherwise serving at the request of the Secretary con22 cerned, compensation at a rate equal to the daily equivalent

23 of the minimum annual rate of basic pay payable for level

24 IV of the Executive Schedule under section 5315 of title 5

25 for each day (including travel time) during which the mem-
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1 ber is engaged in the actual performance of duties vested

2 in the board. Members shall receive travel expenses, includ3 ing per diem in lieu of subsistence, in accordance with sec4 tions 5702 and 5703 of title 5.

5 ‘‘(4) The Federal Advisory Committee Act (5 U.S.C.

6 App.) shall not apply to the housing investment boards.

7 ‘‘(5) The housing investment boards shall terminate on

8 September 30, 2000.’’.

9 (2) The table of sections at the beginning of such sub10 chapter is amended by inserting after the item relating to

11 section 2873 the following new item:

‘‘2874. Limited partnerships with private developers of housing.’’.

12 (b) PROCEEDS FROM PARTICIPATION IN PARTNER13 SHIPS.—Section 2873(b) of title 10, United States Code, as

14 added by section 2801, is amended by adding at the end

15 the following new paragraph:

16 ‘‘(4) Proceeds received by the Secretary concerned

17 from the repayment of investments or profits on in18 vestments of the Secretary under section 2874(a) of

19 this title.’’.

20 (c) CONFORMING REPEAL.—(1) Section 2837 of title

21 10, United States Code, is repealed. The repeal of such sec22 tion shall not be construed to affect the validity or terms

23 of any limited partnership or collateral incentive agreement

24 entered into by the Secretary of the Navy under such section

25 before the date of the enactment of this Act. Amounts in
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1 the Navy Housing Investment Account shall be transferred

2 to the Department of Defense Family Housing Improvement

3 Fund established under section 2873 of such title, as added

4 by section 2801.

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

6 II of chapter 169 of title 10, United States Code, is amended

7 by striking out the item relating to section 2837.

8 SEC. 2803. SPECIAL UNSPECIFIED MINOR CONSTRUCTION

9 THRESHOLDS FOR PROJECTS TO CORRECT

10 LIFE, HEALTH, AND SAFETY DEFICIENCIES

11 AND CLARIFICATION OF UNSPECIFIED MINOR

12 CONSTRUCTION AUTHORITY.

13 (a) SPECIAL THRESHOLDS.—Section 2805 of title 10,

14 United States Code, is amended—

15 (1) in subsection (a)(1), by adding at the end the

16 following new sentence: ‘‘However, if the military con17 struction project is intended solely to correct a life,

18 health, or safety deficiency, a minor military con19 struction project may have an approved cost equal to

20 or less than $3,000,000.’’; and

21 (2) in subsection (c)(1), by striking out ‘‘not

22 more than $300,000.’’ and inserting in lieu thereof

23 the following: ‘‘not more than—
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1 ‘‘(A) $1,000,000, in the case of an unspecified

2 military construction project intended solely to cor3 rect a life, health, or safety deficiency; or

4 ‘‘(B) $300,000, in the case of other unspecified

5 military construction projects.’’.

6 (b) DESCRIPTION OF MINOR CONSTRUCTION.—Sub7 section (a)(1) of such section is further amended by striking

8 out ‘‘(1) that is for a single undertaking at a military in9 stallation, and (2)’’.

10 SEC. 2804. DISPOSITION OF AMOUNTS RECOVERED AS A RE11 SULT OF DAMAGE TO REAL PROPERTY.

12 (a) IN GENERAL.—Chapter 165 of title 10, United

13 States Code, is amended by inserting after section 2781 the

14 following new section:

15 ‘‘§ 2782. Damage to real property: disposition of

16 amounts recovered

17 ‘‘Except as provided in section 2775 of this title,

18 amounts recovered for damage caused to real property

19 under the jurisdiction of the Secretary of a military depart20 ment or, with respect to the Defense Agencies, under the

21 jurisdiction of the Secretary of Defense shall be credited to

22 the account available for the repair or replacement of the

23 real property at the time of recovery. In such amounts as

24 are provided in advance in appropriation Acts, amounts

25 so credited shall be available for use for the same purposes
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1 and under the same circumstances as other funds in the

2 account.’’.

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 2781 the following new item:

‘‘2782. Damage to real property: disposition of amounts recovered.’’.

6 SEC. 2805. RENTAL OF FAMILY HOUSING IN FOREIGN

7 COUNTRIES.

8 Section 2828(e) of title 10, United States Code, is

9 amended—

10 (1) in paragraph (1)—

11 (A) by striking out ‘‘300 units’’ in the first

12 sentence and inserting in lieu thereof ‘‘450

13 units’’; and

14 (B) by striking out ‘‘220 such units’’ in the

15 second sentence and inserting in lieu thereof

16 ‘‘350 such units’’; and

17 (2) in paragraph (2), by striking out ‘‘300

18 units’’ and inserting in lieu thereof ‘‘450 units’’.

19 SEC. 2806. PILOT PROGRAM TO PROVIDE INTEREST RATE

20 BUY DOWN AUTHORITY ON LOANS FOR HOUS21 ING WITHIN HOUSING SHORTAGE AREAS AT

22 MILITARY INSTALLATIONS.

23 (a) SHORT TITLE.—This section may be cited as the

24 ‘‘Military Housing Assistance Act of 1995’’.
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1 (b) MORTGAGE ASSISTANCE PAYMENT AUTHORITY OF

2 THE SECRETARY OF VETERANS AFFAIRS.—(1) Chapter 37

3 of title 38, United States Code, is amended by inserting

4 after section 3707 the following:

5 ‘‘§ 3708. Authority to buy down interest rates: pilot

6 program

7 ‘‘(a) In order to enable the purchase of housing in

8 areas where the supply of suitable military housing is inad9 equate, the Secretary may conduct a pilot program under

10 which the Secretary may make periodic or lump sum assist11 ance payments on behalf of an eligible veteran for the pur12 pose of buying down the interest rate on a loan to that vet13 eran that is guaranteed under this chapter for a purpose

14 described in paragraph (1), (2), (3), (6), or (10) of section

15 3710(a).

16 ‘‘(b) An individual is an eligible veteran for the pur17 poses of this section if—

18 ‘‘(1) the individual is a veteran, as defined in

19 section 3701(b)(4) of this title, or is on active Guard

20 and Reserve duty, as defined by section 101(d) of title

21 10;

22 ‘‘(2) the individual submits an application for a

23 loan guaranteed under this chapter within one year

24 of an assignment of the individual to duty at a mili-
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1 tary installation in the United States designated by

2 the Secretary of Defense as a housing shortage area;

3 ‘‘(3) at the time the loan referred to in subsection

4 (a) is made, the individual is an enlisted member,

5 warrant officer, or an officer (other than a warrant

6 officer) at a pay grade of O–3 or below;

7 ‘‘(4) the individual has not previously used any

8 of the individual’s entitlement to housing loan bene9 fits under this chapter; and

10 ‘‘(5) the individual receives comprehensive

11 prepurchase counseling from the Secretary (or the des12 ignee of the Secretary) before making application for

13 a loan guaranteed under this chapter.

14 ‘‘(c) Loans with respect to which the Secretary may

15 exercise the buy down authority under subsection (a)

16 shall—

17 ‘‘(1) provide for a buy down period of not more

18 than three years in duration;

19 ‘‘(2) specify the maximum and likely amounts of

20 increases in mortgage payments that the loans would

21 require; and

22 ‘‘(3) be subject to such other terms and condi23 tions as the Secretary may prescribe by regulation.

24 ‘‘(d) The Secretary shall promulgate underwriting

25 standards for loans for which the interest rate assistance
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1 payments may be made under subsection (a). Such stand2 ards shall be based on the interest rate for the second year

3 of the loan.

4 ‘‘(e) The Secretary or lender shall provide comprehen5 sive prepurchase counseling to eligible veterans explaining

6 the features of interest rate buy downs under subsection (a),

7 including a hypothetical payment schedule that displays the

8 increases in monthly payments to the mortgagor over the

9 first five years of the mortgage term. For the purposes of

10 this subsection, the Secretary may assign personnel to mili11 tary installations referred to in subsection (b)(2).

12 ‘‘(f) There is authorized to be appropriated $3,000,000

13 annually to carry out this section.

14 ‘‘(g) The Secretary may not guarantee a loan under

15 this chapter after September 30, 1998, on which the Sec16 retary is obligated to make payments under this section.’’.

17 (2) The table of sections at the beginning of chapter

18 37 of title 38, United States Code, is amended by inserting

19 after the item relating to section 3707 to following new

20 item:

‘‘3708. Authority to buy down interest rates: pilot program.’’.

21 (c) AUTHORITY OF SECRETARY OF DEFENSE.—

22 (1) REIMBURSEMENT FOR BUY DOWN COSTS.—

23 The Secretary of Defense shall reimburse the Sec24 retary of Veterans Affairs for amounts paid by the
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1 Secretary of Veterans Affairs to mortgagees under sec2 tion 3708 of title 38, United States Code.

3 (2) DESIGNATION OF HOUSING SHORTAGE

4 AREAS.—For purposes of section 3708 of title 38,

5 United States Code, the Secretary of Defense may des6 ignate as a housing shortage area a military installa7 tion in the United States at which the Secretary de8 termines there is a shortage of suitable housing to

9 meet the military family needs of members of the

10 Armed Forces and the dependents of such members.

11 (3) REPORT.—Not later than six months after

12 September 30, 1998, the Secretary shall submit a re13 port to Congress regarding the effectiveness in provid14 ing housing to members of the Armed Forces and

15 their dependents through the provisions of this sub16 section and section 3708 of title 38, United States

17 Code.

18 (4) EARMARK.—Of the amount provided in sec19 tion 2405(a)(13)(B), $10,000,000 for fiscal year 1996

20 shall be available to carry out this subsection.

21 (5) SUNSET.—This subsection shall not apply

22 with respect to housing loans guaranteed after Sep23 tember 30, 1998, for which assistance payments are

24 paid under section 3708 of title 38, United States

25 Code.
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1 Subtitle B—Base Closure and

2 Realignment

3 SEC. 2811. AUTHORITY TO TRANSFER PROPERTY AT MILI4 TARY INSTALLATIONS TO BE CLOSED TO PER5 SONS WHO CONSTRUCT OR PROVIDE MILI6 TARY FAMILY HOUSING.

7 (a) BASE CLOSURES UNDER 1988 ACT.—Section 204

8 of the Defense Authorization Amendments and Base Closure

9 and Realignment Act (title II of Public Law 100–526; 10

10 U.S.C. 2687 note) is amended by adding at the end the fol11 lowing new subsection:

12 ‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH

13 CONSTRUCTION OR PROVISION OF MILITARY FAMILY HOUS14 ING.—(1) Subject to paragraph (2), the Secretary may

15 enter into an agreement to transfer by deed real property

16 or facilities located at an installation closed or to be closed

17 under this title with any person who agrees, in exchange

18 for the real property or facilities, to transfer to the Sec19 retary housing units that are constructed or provided by

20 the person and located at or near a military installation

21 at which there is a shortage of suitable housing to meet the

22 requirements of members of the Armed Forces and their de23 pendents. The Secretary may not select real property for

24 transfer under this paragraph if the property is identified
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1 in the redevelopment plan for the installation as items es2 sential to the reuse or redevelopment of the installation.

3 ‘‘(2) A transfer of real property or facilities may be

4 made under paragraph (1) only if—

5 ‘‘(A) the fair market value of the housing units

6 to be received by the Secretary in exchange for the

7 property or facilities to be transferred is equal to or

8 greater than the fair market value of such property

9 or facilities, as determined by the Secretary; or

10 ‘‘(B) the recipient of the property or facilities

11 agrees to pay to the Secretary the difference between

12 the fair market values if the fair market value of the

13 housing units is lower than the fair market value of

14 the property or facilities to be transferred.

15 ‘‘(3) Notwithstanding section 207(a)(7), the Secretary

16 shall deposit funds received under paragraph (2)(B) in the

17 Department of Defense Family Housing Improvement Fund

18 established under section 2873(a) of title 10, United States

19 Code.

20 ‘‘(4) The Secretary shall submit to the appropriate

21 committees of Congress a report describing each agreement

22 proposed to be entered into under paragraph (1), including

23 the consideration to be received by the United States under

24 the agreement. The Secretary may not enter into the agree25 ment until the end of the 21-day period beginning on the
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1 date the appropriate committees of Congress receive the re2 port regarding the agreement.

3 ‘‘(5) The Secretary may require any additional terms

4 and conditions in connection with an agreement authorized

5 by this subsection as the Secretary considers appropriate

6 to protect the interests of the United States.’’.

7 (b) BASE CLOSURES UNDER 1990 ACT.—Section 2905

8 of the Defense Base Closure and Realignment Act of 1990

9 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

10 2687 note) is amended by adding at the end the following

11 new subsection:

12 ‘‘(f) TRANSFER AUTHORITY IN CONNECTION WITH

13 CONSTRUCTION OR PROVISION OF MILITARY FAMILY HOUS14 ING.—(1) Subject to paragraph (2), the Secretary may

15 enter into an agreement to transfer by deed real property

16 or facilities located at an installation closed or to be closed

17 under this part with any person who agrees, in exchange

18 for the real property or facilities, to transfer to the Sec19 retary housing units that are constructed or provided by

20 the person and located at or near a military installation

21 at which there is a shortage of suitable housing to meet the

22 requirements of members of the Armed Forces and their de23 pendents. The Secretary may not select real property for

24 transfer under this paragraph if the property is identified
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1 in the redevelopment plan for the installation as items es2 sential to the reuse or redevelopment of the installation.

3 ‘‘(2) A transfer of real property or facilities may be

4 made under paragraph (1) only if—

5 ‘‘(A) the fair market value of the housing units

6 to be received by the Secretary in exchange for the

7 property or facilities to be transferred is equal to or

8 greater than the fair market value of such property

9 or facilities, as determined by the Secretary; or

10 ‘‘(B) the recipient of the property or facilities

11 agrees to pay to the Secretary the difference between

12 the fair market values if the fair market value of the

13 housing units is lower than the fair market value of

14 the property or facilities to be transferred.

15 ‘‘(3) Notwithstanding section 2906(a)(2), the Secretary

16 shall deposit funds received under paragraph (2)(B) in the

17 Department of Defense Family Housing Improvement Fund

18 established under section 2873(a) of title 10, United States

19 Code.

20 ‘‘(4) The Secretary shall submit to the appropriate

21 committees of Congress a report describing each agreement

22 proposed to be entered into under paragraph (1), including

23 the consideration to be received by the United States under

24 the agreement. The Secretary may not enter into the agree25 ment until the end of the 30-day period beginning on the
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1 date the appropriate committees of Congress receive the re2 port regarding the agreement.

3 ‘‘(5) The Secretary may require any additional terms

4 and conditions in connection with an agreement authorized

5 by this subsection as the Secretary considers appropriate

6 to protect the interests of the United States.’’.

7 (c) REGULATIONS.—Not later than nine months after

8 the date of the enactment of this Act, the Secretary of De9 fense shall prescribe any regulations necessary to carry out

10 subsection (e) of section 204 of the Defense Authorization

11 Amendments and Base Closure and Realignment Act (title

12 II of Public Law 100–526; 10 U.S.C. 2687 note), as added

13 by subsection (a), and subsection (f) of section 2905 of the

14 Defense Base Closure and Realignment Act of 1990 (part

15 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

16 note), as added by subsection (b).

17 SEC. 2812. DEPOSIT OF PROCEEDS FROM LEASES OF PROP18 ERTY LOCATED AT INSTALLATIONS BEING

19 CLOSED OR REALIGNED.

20 (a) EXCEPTION TO EXISTING REQUIREMENTS.—Sec21 tion 2667(d) of title 10, United States Code, is amended—

22 (1) in paragraph (1)(A)(ii), by inserting ‘‘or

23 (5)’’ after ‘‘paragraph (4)’’; and

24 (2) by adding at the end the following new para25 graph:
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1 ‘‘(5) Money rentals received by the United States from

2 a lease under subsection (f) shall be deposited into the rel3 evant account established under section 207(a) of the De4 fense Authorization Amendments and Base Closure and Re5 alignment Act (Public Law 100–526; 10 U.S.C. 2687 note)

6 or section 2906(a) of the Defense Base Closure and Realign7 ment Act of 1990 (part A of title XXIX of Public Law 101–

8 510; 10 U.S.C. 2687 note).’’.

9 (b) CORRESPONDING AMENDMENTS TO BASE CLOSURE

10 LAWS.—(1) Section 207(a) of the Defense Authorization

11 Amendments and Base Closure and Realignment Act (Pub12 lic Law 100–526; 10 U.S.C. 2687 note) is amended—

13 (A) in paragraph (2)—

14 (i) by striking out ‘‘and’’ at the end of sub15 paragraph (B);

16 (ii) by striking out the period at the end of

17 subparagraph (C) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (iii) by adding at the end the following new

20 subparagraph:

21 ‘‘(D) proceeds from leases of property under sec22 tion 2667(f) of title 10, United States Code, at a mili23 tary installation to be closed or realigned under this

24 title.’’; and
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1 (B) in paragraph (7), by striking out ‘‘transfer

2 or disposal’’ and inserting in lieu thereof ‘‘lease,

3 transfer, or disposal’’.

4 (2) Section 2906(a)(2) of the Defense Base Closure and

5 Realignment Act of 1990 (part A of title XXIX of Public

6 Law 101–510; 10 U.S.C. 2867 note) is amended—

7 (A) in subparagraph (C), by striking out ‘‘trans8 fer or disposal’’ and inserting in lieu thereof ‘‘lease,

9 transfer, or disposal’’; and

10 (B) in subparagraph (D), by striking out ‘‘trans11 fer or disposal’’ and inserting in lieu thereof ‘‘lease,

12 transfer, or disposal’’.

13 SEC. 2813. AGREEMENTS FOR CERTAIN SERVICES AT IN14 STALLATIONS BEING CLOSED.

15 (a) CLOSURES UNDER 1988 ACT.—Section 204(b)(8)

16 of the Defense Authorization Amendments and Base Closure

17 and Realignment Act (Public Law 100–526; 10 U.S.C.

18 2687 note) is amended by striking out subparagraph (A)

19 and inserting in lieu thereof the following new subpara20 graph:

21 ‘‘(A) Subject to subparagraph (C), the Secretary may

22 enter into agreements (including contracts, cooperative

23 agreements, or other arrangements for reimbursement) with

24 local governments for the provision of police or security

25 services, fire protection services, airfield operation services,
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1 or other community services by such governments at mili2 tary installations to be closed under this title if the Sec3 retary determines that the provision of such services under

4 such an agreement is in the best interests of the Department

5 of Defense.’’.

6 (b) CLOSURES UNDER 1990 ACT.—Section 2905(b)(8)

7 of the Defense Base Closure and Realignment Act of 1990

8 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

9 2867 note) is amended by striking out subparagraph (A)

10 and inserting in lieu thereof the following new subpara11 graph:

12 ‘‘(A) Subject to subparagraph (C), the Secretary may

13 enter into agreements (including contracts, cooperative

14 agreements, or other arrangements for reimbursement) with

15 local governments for the provision of police or security

16 services, fire protection services, airfield operation services,

17 or other community services by such governments at mili18 tary installations to be closed under this part if the Sec19 retary determines that the provision of such services under

20 such an agreement is in the best interests of the Department

21 of Defense.’’.
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1 Subtitle C—Land Conveyances

2 Generally

3 SEC. 2821. TRANSFER OF JURISDICTION, FORT SAM HOUS4 TON, TEXAS.

5 (a) TRANSFER OF LAND FOR NATIONAL CEMETERY.—

6 The Secretary of the Army may transfer, without reim7 bursement, to the administrative jurisdiction of the Sec8 retary of Veterans Affairs a parcel of real property (includ9 ing any improvements thereon) consisting of approximately

10 53 acres and comprising a portion of Fort Sam Houston,

11 Texas.

12 (b) USE OF LAND.—The Secretary of Veterans Affairs

13 shall use the real property transferred under subsection (a)

14 as a national cemetery under chapter 24 of title 38, United

15 States Code.

16 (c) RETURN OF UNUSED LAND.—If the Secretary of

17 Veterans Affairs determines that any portion of the real

18 property transferred under subsection (a) is not needed for

19 use as a national cemetery, the Secretary of Veterans Af20 fairs shall return such portion to the administrative juris21 diction of the Secretary of the Army.

22 (d) LEGAL DESCRIPTION.—The exact acreage and

23 legal description of the real property to be transferred under

24 this section shall be determined by surveys that are satisfac-
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1 tory to the Secretary of the Army. The cost of such surveys

2 shall be borne by the Secretary of Veterans Affairs.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary of the Army may require such additional terms and

5 conditions in connection with the transfer under this section

6 as the Secretary of the Army considers appropriate to pro7 tect the interests of the United States.

8 SEC. 2822. LAND ACQUISITION OR EXCHANGE, SHAW AIR

9 FORCE BASE, SUMTER, SOUTH CAROLINA.

10 (a) LAND ACQUISITION.—By means of an exchange of

11 property, acceptance as a gift, or other means that does not

12 require the use of appropriated funds, the Secretary of the

13 Air Force may acquire all right, title, and interest in and

14 to a parcel of real property (together with any improve15 ments thereon) consisting of approximately 1,100 acres and

16 located adjacent to the eastern end of Shaw Air Force Base,

17 South Carolina, and extending to Stamey Livestock Road

18 in Sumter County, South Carolina.

19 (b) LAND EXCHANGE AUTHORIZED.—For purposes of

20 acquiring the real property described in subsection (a), the

21 Secretary may participate in a land exchange and convey

22 all right, title, and interest of the United States in and to

23 a parcel of real property in the possession of the Air Force

24 if—
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1 (1) the Secretary determines that the land ex2 change is in the best interests of the Air Force; and

3 (2) the fair market value of the Air Force parcel

4 to be conveyed does not exceed the fair market value

5 of the parcel to be acquired.

6 (c) DETERMINATIONS OF FAIR MARKET VALUE.—The

7 Secretary shall determine the fair market value of the par8 cels of real property to be conveyed pursuant to subsections

9 (a) and (b). Such determinations shall be final.

10 (d) DESCRIPTIONS OF PROPERTY.—The exact acreage

11 and legal descriptions of the parcels of real property to be

12 conveyed pursuant to subsections (a) and (b) shall be deter13 mined by surveys that are satisfactory to the Secretary.

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the acquisition under subsection (a) or

17 conveyance under subsection (b) as the Secretary considers

18 appropriate to protect the interests of the United States.

19 (f) REVERSION OF GIFT CONVEYANCE.—If the Sec20 retary acquires the real property described in subsection (a)

21 by way of gift, the Secretary may accept in the deed of con22 veyance terms or conditions that require that the land be

23 reconveyed to the donor, or the heirs of the donor, if Shaw

24 Air Force Base ceases operations and is closed.
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1 SEC. 2823. TRANSFER OF CERTAIN REAL PROPERTY AT

2 NAVAL WEAPONS INDUSTRIAL RESERVE

3 PLANT, CALVERTON, NEW YORK, FOR USE AS

4 NATIONAL CEMETERY.

5 (a) TRANSFER AUTHORIZED.—Notwithstanding sec6 tion 2854 of the Military Construction Authorization Act

7 for Fiscal Year 1993 (division B of Public Law 102–484;

8 106 Stat. 2626), the Secretary of the Navy may transfer,

9 without reimbursement, to the Secretary of Veterans Affairs

10 a parcel of real property consisting of approximately 150

11 acres located adjacent to the Calverton National Cemetery,

12 Calverton, New York, and comprising a portion of the buffer

13 zone of the Naval Weapons Industrial Reserve Plant,

14 Calverton.

15 (b) USE OF PROPERTY.—The Secretary of Veterans Af16 fairs shall use the real property transferred under sub17 section (a) as an addition to the Calverton National Ceme18 tery and administer such real property pursuant to chapter

19 24 of title 38, United States Code.

20 (c) SURVEYS.—The cost of any surveys necessary for

21 the transfer of jurisdiction of the real property described

22 in subsection (a) from the Secretary of the Navy to the Sec23 retary of Veterans Affairs shall be borne by the Secretary

24 of Veterans Affairs.
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1 SEC. 2824. LAND CONVEYANCE, FORT ORD, CALIFORNIA.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

3 Army may convey to the City of Seaside, California (in

4 this section referred to as the ‘‘City’’), all right, title, and

5 interest of the United States in and to a parcel of real prop6 erty (including improvements thereon) consisting of ap7 proximately 477 acres located in Monterey County, Califor8 nia, and comprising a portion of the former Fort Ord Mili9 tary Complex. The real property to be conveyed to the City

10 includes the two Fort Ord Golf Courses, Black Horse and

11 Bayonet, and the Hayes Housing Facilities.

12 (b) CONSIDERATION.—As consideration for the convey13 ance of the real property and improvements under sub14 section (a), the City shall pay to the United States an

15 amount equal to the fair market value of the property to

16 be conveyed, as determined by the Secretary under such

17 terms and conditions as are determined to be fair and equi18 table to both parties.

19 (c) USE AND DEPOSIT OF PROCEEDS.—(1) From the

20 funds paid by the City under subsection (b), the Secretary

21 shall deposit in the Morale, Welfare, and Recreation Fund

22 Account of the Department of the Army an amount equal

23 to the portion of such funds corresponding to the fair mar24 ket value of the two Fort Ord Golf Courses conveyed under

25 subsection (a), as established under subsection (b).
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1 (2) The Secretary shall deposit the balance of the funds

2 paid by the City under subsection (b), after deducting the

3 amount deposited under paragraph (1), in the Department

4 of Defense Base Closure Account 1990.

5 (d) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property (including im7 provements thereon) to be conveyed under subsection (a)

8 shall be determined by a survey satisfactory to the Secretary

9 and the City. The cost of the survey shall be borne by the

10 City.

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the conveyance under this section as the

14 Secretary considers appropriate to protect the interests of

15 the United States.

16 SEC. 2825. LAND CONVEYANCE, INDIANA ARMY AMMUNI17 TION PLANT, CHARLESTOWN, INDIANA.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

19 Army may convey, without consideration, to the State of

20 Indiana (in this section referred to as the ‘‘State’’), all

21 right, title, and interest of the United States in and to a

22 parcel of real property, including any improvements there23 on, that consists of approximately 1125 acres at the inac24 tivated Indiana Army Ammunition Plant in Charlestown,
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1 Indiana, and is the subject of a 25-year lease between the

2 Secretary and the State.

3 (b) CONDITION OF CONVEYANCE.—The conveyance au4 thorized under subsection (a) shall be subject to the condi5 tion that the State use the conveyed property for rec6 reational purposes.

7 (c) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary. The cost of such survey shall be

11 borne by the State.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a) as

15 the Secretary considers appropriate to protect the interests

16 of the United States.

17 SEC. 2826. LAND CONVEYANCE, NAVAL AIR STATION, PEN18 SACOLA, FLORIDA.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

20 Navy may convey to West Florida Developers, Inc. (in this

21 section referred to as ‘‘WFD’’), all right, title, and interest

22 of the United States in and to a parcel of unimproved real

23 property consisting of approximately 135 acres at Naval

24 Air Station, Pensacola, Florida.
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1 (b) CONSIDERATION.—(1) As consideration for the con2 veyance under subsection (a), WFD shall agree to restrict

3 the use of all lands located within the Air Installation Com4 patible Use Zones of Naval Air Station Pensacola and

5 owned by WFD at the time of the conveyance under sub6 section (a) in such manner as specified by the Secretary.

7 The lands subject to such restriction shall total at least 300

8 acres.

9 (2) If the fair market value of the property conveyed

10 under subsection (a) is more than the fair market value of

11 the restriction on usage under paragraph (1), WFD shall

12 pay to the United States an amount equal to the difference

13 between the fair market values.

14 (c) DETERMINATION OF FAIR MARKET VALUE.—The

15 Secretary shall determine the fair market value of the prop16 erty to be conveyed under subsection (a) and the fair market

17 value of the restriction on usage under subsection (b)(1).

18 Such determination shall be final.

19 (d) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of such survey shall be

23 borne by WFD.

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 authorized by subsection

2 (a) as the Secretary considers appropriate to protect the

3 interests of the United States.

4 SEC. 2827. LAND CONVEYANCE, AVON PARK AIR FORCE

5 RANGE, SEBRING, FLORIDA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

7 Air Force may convey, without consideration, to Highlands

8 County, Florida (in this section referred to as the ‘‘Coun9 ty’’), all right, title, and interest of the United States in

10 and to a parcel of real property (including any improve11 ments thereon) located within the boundaries of the Avon

12 Park Air Force Range near Sebring, Florida, which has

13 previously served as the location of a support complex and

14 recreational facilities for the Avon Park Air Force Range.

15 (b) CONDITIONS OF CONVEYANCE.—The conveyance

16 authorized under subsection (a) shall be subject to the condi17 tions that the County—

18 (1) directly or through an agreement with an ap19 propriate public or private entity, use the conveyed

20 property, including the support complex and rec21 reational facilities, for operation of a juvenile or other

22 correctional facility; and

23 (2) enter into an agreement with the Secretary

24 to reconvey the property to the United States if the

25 Secretary determines that the conveyed property is
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1 necessary to accomplish the military mission of the

2 Avon Park Air Force Range.

3 (c) REVERSIONARY INTEREST.—If the Secretary deter4 mines at any time that the property conveyed under sub5 section (a) is not being used in accordance with subsection

6 (b), all right, title, and interest in the property shall revert

7 to the United States, and the United States shall have the

8 right of immediate entry onto the property.

9 (d) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary. The cost of such survey shall be

13 borne by the County.

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under this section as the

17 Secretary considers appropriate to protect the interests of

18 the United States.

19 SEC. 2828. LAND CONVEYANCE, PARKS RESERVE FORCES

20 TRAINING AREA, DUBLIN, CALIFORNIA.

21 (a) CONVEYANCE AUTHORIZED.—(1) Except as pro22 vided in paragraph (2), the Secretary of the Army may

23 convey to the County of Alameda, California (in this section

24 referred to as the ‘‘County’’), all right, title, and interest

25 of the United States in and to a parcel of real property
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1 consisting of approximately 31 acres, together with im2 provements thereon, located at Parks Reserve Forces Train3 ing Area, Dublin, California.

4 (2) The conveyance authorized by this section shall not

5 include any oil, gas, or mineral interest of the United States

6 in the real property to be conveyed.

7 (b) CONSIDERATION.—(1) As consideration for the con8 veyance under subsection (a)(1), the County shall provide

9 the Army with services at the portion of Parks Reserve

10 Forces Training Area retained by the Army—

11 (A) to relocate the main gate of the retained

12 Army Training Area from Dougherty Road to Dublin

13 Boulevard across from the Bay Area Rapid Transit

14 District East Dublin station, including the closure of

15 the existing main gate on Dougherty Road, construc16 tion of a security facility, and construction of a road17 way from the new entrance to Fifth Street;

18 (B) to fence and landscape the southern bound19 ary of the retained Army Training Area installation

20 located northerly of Dublin Boulevard;

21 (C) to fence and landscape the eastern boundary

22 of the retained Army Training Area from Dublin

23 Boulevard to Gleason Drive;

24 (D) to resurface roadways within the retained

25 Army Training Area;
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1 (E) to provide such other services in connection

2 with the retained Army Training Area, including re3 location or reconstruction of water lines, relocation or

4 reconstruction of sewer lines, construction of drainage

5 improvements, and construction of buildings, as the

6 Secretary and the County may determine to be appro7 priate; and

8 (F) to provide for and fund any environmental

9 mitigation that is necessary as a result of a change

10 in use of the conveyed property by the County.

11 (2) The detailed specifications for the services to be

12 provided under paragraph (1) may be determined and ap13 proved on behalf of the Secretary by the Commander of

14 Parks Reserve Forces Training Area. The preparation costs

15 of such specifications shall be borne by the County.

16 (3) The value of improvements and services received

17 by the United States from the County under paragraph (1)

18 must be equal to or exceed the appraised value of the real

19 property to be conveyed under subsection (a)(1). The ap20 praisal of the value of the property shall be subject to Gov21 ernment review and approval.

22 (c) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the real property to be conveyed

24 under subsection (a)(1) shall be determined by a survey sat-
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1 isfactory to the Secretary. The cost of such survey shall be

2 borne by the County.

3 (d) TIME FOR TRANSFER OF TITLE.—The transfer of

4 title to the County under subsection (a)(1) may be executed

5 by the Secretary only upon the satisfactory guarantee by

6 the County of completion of the services to be provided

7 under subsection (b).

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a)(1)

11 as the Secretary considers appropriate to protect the inter12 ests of the United States.

13 SEC. 2829. LAND CONVEYANCE, HOLSTON ARMY AMMUNI14 TION PLANT, MOUNT CARMEL, TENNESSEE.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

16 Army may convey, without reimbursement, to the City of

17 Mount Carmel, Tennessee (in this section referred to as the

18 ‘‘City’’), all right, title, and interest of the United States

19 in and to a parcel of real property consisting of approxi20 mately 6.5 acres, together with any improvements thereon,

21 located at Holston Army Ammunition Plant, Tennessee.

22 The property is located adjacent to the Mount Carmel Cem23 etery and is intended for expansion of the cemetery.

24 (b) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the real property to be conveyed
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1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. The cost of such survey shall be

3 borne by the City.

4 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require such additional terms and conditions

6 in connection with the conveyance under subsection (a) as

7 the Secretary considers appropriate to protect the interests

8 of the United States.

9 SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS INDUS10 TRIAL RESERVE PLANT, MCGREGOR, TEXAS.

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

12 Navy may convey, without consideration, to the City of

13 McGregor, Texas (in this section referred to as the ‘‘City’’),

14 all right, title, and interest of the United States in and to

15 a parcel of real property, including any improvements

16 thereon, containing the Naval Weapons Industrial Reserve

17 Plant in McGregor, Texas. After screening the facilities,

18 equipment, and fixtures (including special tooling and spe19 cial test equipment) located on the parcel for other uses

20 within the Department of the Navy, the Secretary may in21 clude in the conveyance remaining facilities, equipment,

22 and fixtures if the Secretary determines that manufacturing

23 activities requiring the use of such facilities, equipment,

24 and fixtures are likely to continue or be reinstated on the

25 parcel after conveyance.
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1 (b) LEASE AUTHORITY.—Until such time as the real

2 property described in subsection (a) is conveyed by deed,

3 the Secretary may lease the property, along with improve4 ments thereon, to the City in exchange for security services,

5 fire protection, and maintenance provided by the City for

6 the property.

7 (c) CONDITION OF CONVEYANCE.—The conveyance au8 thorized under subsection (a) shall be subject to the condi9 tion that the City, directly or through an agreement with

10 a public or private entity, use the conveyed property (or

11 offer the conveyed property for use) for economic redevelop12 ment to replace all or a part of the economic activity being

13 lost at the parcel.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of such survey shall be

18 borne by the City.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) or

22 a lease under subsection (b) as the Secretary considers ap23 propriate to protect the interests of the United States.
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1 SEC. 2831. TRANSFER OF JURISDICTION AND LAND CON2 VEYANCE, FORT DEVENS MILITARY RESERVA3 TION, MASSACHUSETTS.

4 (a) TRANSFER OF LAND FOR WILDLIFE REFUGE.—

5 Subject to subsection (b), the Secretary of the Army shall

6 transfer, without reimbursement, to the administrative ju7 risdiction of the Secretary of the Interior that portion of

8 Fort Devens Military Reservation in the State of Massachu9 setts that is situated south of Massachusetts State Route 2,

10 for inclusion in the Oxbow National Wildlife Refuge. The

11 transfer shall be made as soon as possible after the date

12 on which the property is determined to be excess to the needs

13 of the Department of Defense.

14 (b) LAND CONVEYANCE AUTHORIZED.—The Secretary

15 of the Army shall convey to the Town of Lancaster, Massa16 chusetts (in this section referred to as the ‘‘Town’’), all

17 right, title, and interest of the United States in and to a

18 parcel of real property consisting of approximately 100

19 acres of the parcel available for transfer under subsection

20 (a) and located adjacent to Massachusetts State Highway

21 70.

22 (c) LEGAL DESCRIPTION.—(1) The exact acreage and

23 legal description of the real property to be transferred under

24 subsection (a) shall be determined by surveys that are mutu25 ally satisfactory to the Secretary of the Army and the Sec-
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1 retary of the Interior. The cost of such surveys shall be borne

2 by the Secretary of the Interior.

3 (2) The exact acreage and legal description of the real

4 property to be conveyed under subsection (b) shall be deter5 mined by surveys that are mutually satisfactory to the Sec6 retary of the Army, the Secretary of the Interior, and the

7 Board of Selectman of the Town. The cost of such surveys

8 shall be borne by the Town.

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary of the Army may require such additional terms and

11 conditions in connection with the transfer and conveyance

12 under this section as the Secretary of the Army considers

13 appropriate to protect the interests of the United States.

14 SEC. 2832. LAND CONVEYANCE, ELMENDORF AIR FORCE

15 BASE, ALASKA.

16 (a) SALE TO PRIVATE PERSON AUTHORIZED.—(1)

17 The Secretary of the Air Force may sell to a private person

18 all right, title, and interest of the United States in and to

19 a parcel of real property consisting of approximately 31.69

20 acres that is located at Elmendorf Air Force Base, Anchor21 age, Alaska, and identified in land lease W–95–507–ENG–

22 58.

23 (2) The Secretary may select as purchaser of the real

24 property such private person as the Secretary, in the sole

25 exercise of the Secretary’s discretion, considers appropriate.
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1 The conveyance shall be subject to the condition that the

2 purchaser agree to provide appropriate maintenance for the

3 apartment complex located on the property to be conveyed

4 and used by members of the Armed Forces stationed at El5 mendorf Air Force Base and their dependents.

6 (b) CONSIDERATION.—In consideration for the convey7 ance under subsection (a), the purchaser shall pay to the

8 United States an amount equal to the fair market value

9 of the real property to be conveyed, as determined by an

10 appraisal satisfactory to the Secretary. In determining the

11 fair market value of the real property, the Secretary shall

12 consider the property as encumbered by land lease W–95–

13 507–ENG–58, with an expiration date of June 13, 2024.

14 (c) DEPOSIT OF PROCEEDS.—The Secretary shall de15 posit the amount received from the purchaser under sub16 section (b) in the special account established under section

17 204(h)(2) of the Federal Property and Administrative Serv18 ices Act of 1949 (40 U.S.C. 585(h)(2)).

19 (d) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of such survey shall be

23 borne by the purchaser.

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 considers appropriate to protect the interests of

3 the United States.

4 SEC. 2833. LAND CONVEYANCE ALTERNATIVE TO EXISTING

5 LEASE AUTHORITY, NAVAL SUPPLY CENTER,

6 OAKLAND, CALIFORNIA.

7 Section 2834(b) of the Military Construction Author8 ization Act for Fiscal Year 1993 (division B of Public Law

9 102–484; 106 Stat. 2614), as amended by section 2833 of

10 the Military Construction Authorization Act for Fiscal Year

11 1994 (division B of Public Law 103–160) and section 2821

12 of the Military Construction Authorization Act for Fiscal

13 Year 1995 (division B of Public Law 103–337), is further

14 amended by adding at the end the following new para15 graphs:

16 ‘‘(4) In lieu of entering into a lease under paragraph

17 (1), or in place of an existing lease under such paragraph,

18 the Secretary may convey, without consideration, the prop19 erty described in such paragraph to the City of Oakland,

20 California, the Port of Oakland, California, or the City of

21 Alameda, California, under such terms and conditions as

22 the Secretary considers appropriate.

23 ‘‘(5) The exact acreage and legal description of any

24 property conveyed under paragraph (4) shall be determined
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1 by a survey satisfactory to the Secretary. The cost of each

2 survey shall be borne by the recipient of the property.’’.

3 Subtitle D—Land Conveyances

4 Involving Utilities

5 SEC. 2841. CONVEYANCE OF RESOURCE RECOVERY FACIL6 ITY, FORT DIX, NEW JERSEY.

7 (a) AUTHORITY TO CONVEY.—The Secretary of the

8 Army may convey to Burlington County, New Jersey (in

9 this section referred to as the ‘‘County’’), all right, title, and

10 interest of the United States in and to a parcel of real prop11 erty at Fort Dix, New Jersey, consisting of approximately

12 two acres and containing a resource recovery facility,

13 known as the Fort Dix resource recovery facility.

14 (b) RELATED EASEMENTS.—The Secretary may grant

15 to the County any easement that is necessary for access to

16 and operation of the resource recovery facility conveyed

17 under subsection (a).

18 (c) CONDITIONS ON CONVEYANCE.—The conveyance of

19 the resource recovery facility authorized by subsection (a)

20 is subject to the following conditions:

21 (1) That the County accept the resource recovery

22 facility in its existing condition at the time of con23 veyance.

24 (2) That the County provide refuse and steam

25 service to Fort Dix, New Jersey, at the rate estab-
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1 lished by the appropriate Federal or State regulatory

2 authority.

3 (3) That the County comply with all applicable

4 environmental laws and regulations relating to the re5 source recovery facility, including any permit or li6 cense requirements.

7 (4) That the County assume full responsibility

8 for ownership, operation, maintenance, repair, and

9 all regulatory compliance requirements for the re10 source recovery facility.

11 (d) CONDITION ON EXPANSION.—The conveyance of the

12 resource recovery facility under subsection (a) shall also be

13 subject to the condition that the County may not expand

14 the resource recovery facility without prior approval by the

15 Secretary.

16 (e) ENVIRONMENTAL COMPLIANCE.—The County shall

17 be responsible for owning, operating, and upgrading the re18 source recovery facility in accordance with all applicable

19 Federal, State, and municipal laws and regulations pro20 mulgated thereunder.

21 (f) DESCRIPTION OF THE PROPERTY.—The exact acre22 age and legal description of the real property to be conveyed

23 under subsection (a), and of any easements to be granted

24 under subsection (b), shall be determined by a survey satis-
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1 factory to the Secretary. The cost of such survey shall be

2 borne by the County.

3 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a) and

6 the grant of any easement under subsection (b) as the Sec7 retary considers appropriate to protect the interests of the

8 United States.

9 SEC. 2842. CONVEYANCE OF WATER AND WASTEWATER

10 TREATMENT PLANTS, FORT GORDON, GEOR11 GIA.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

13 Army may convey to the city of Augusta, Georgia (in this

14 section referred to as the ‘‘City’’), all right, title, and inter15 est of the United States to several parcels of real property

16 located at Fort Gordon, Georgia, and consisting of approxi17 mately seven acres each. The parcels are improved with a

18 water filtration plant, water distribution system with stor19 age tanks, sewage treatment plant, and sewage collection

20 system.

21 (b) RELATED EASEMENTS.—The Secretary may grant

22 to the City any easement that is necessary for access to the

23 real property conveyed under subsection (a) and operation

24 of the conveyed facilities.
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1 (c) CONDITIONS ON CONVEYANCE.—The conveyance

2 authorized by subsection (a) is subject to the following con3 ditions:

4 (1) That the City accept the water and

5 wastewater treatment plants and distribution and

6 collection systems in their existing condition at the

7 time of conveyance.

8 (2) That the City provide water and sewer serv9 ice to Fort Gordon, Georgia, at a rate established by

10 the appropriate Federal or State regulatory author11 ity.

12 (3) That the City comply with all applicable en13 vironmental laws and regulations regarding the real

14 property conveyed under subsection (a), including

15 any permit or license requirements.

16 (4) That the City assume full responsibility for

17 ownership, operation, maintenance, repair, and all

18 regulatory compliance requirements for the water and

19 wastewater treatment plants and distribution and

20 collection systems.

21 (d) CONDITION ON EXPANSION.—The conveyance

22 under subsection (a) shall also be subject to the condition

23 that the City may not expand the water and wastewater

24 treatment plants and distribution and collection systems

25 without prior approval by the Secretary.
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1 (e) ENVIRONMENTAL COMPLIANCE.—The City shall be

2 responsible for owning, operating, and upgrading the water

3 and wastewater treatment plants and distribution and col4 lection systems in accordance with all applicable Federal,

5 State, and municipal laws and regulations promulgated

6 thereunder.

7 (f) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a), and of any easements granted under

10 subsection (b), shall be determined by a survey satisfactory

11 to the Secretary. The cost of such survey shall be borne by

12 the City.

13 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under subsection (a) and

16 the grant of any easement under subsection (b) as the Sec17 retary considers appropriate to protect the interests of the

18 United States.

19 SEC. 2843. CONVEYANCE OF ELECTRICAL DISTRIBUTION

20 SYSTEM, FORT IRWIN, CALIFORNIA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Army may convey to the Southern California Edison Com23 pany, California (in this section referred to as the ‘‘Com24 pany’’), all right, title, and interest of the United States
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1 in and to the electrical distribution system located at Fort

2 Irwin, California.

3 (b) DESCRIPTION OF SYSTEM AND CONVEYANCE.—The

4 electrical distribution system authorized to be conveyed

5 under subsection (a) consists of approximately 115 miles

6 of electrical distribution lines, including poles, switches,

7 reclosers, transformers, regulators, switchgears, and service

8 lines. The conveyance includes the equipment, fixtures,

9 structures, and other improvements the Federal Government

10 utilizes to provide electrical services at Fort Irwin. The con11 veyance shall not include any real property.

12 (c) RELATED EASEMENTS.—The Secretary may grant

13 to the Company any easement that is necessary for access

14 to and operation of the electrical distribution system con15 veyed under subsection (a).

16 (d) CONDITIONS ON CONVEYANCE.—The conveyance

17 authorized by subsection (a) is subject to the following con18 ditions:

19 (1) That the Company accept the electrical dis20 tribution system in its existing condition at the time

21 of conveyance.

22 (2) That the Company provide electrical service

23 to Fort Irwin, California, at a rate established by the

24 appropriate Federal or State regulatory authority.
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1 (3) That the Company comply with all applica2 ble environmental laws and regulations regarding the

3 electrical distribution system, including any permit

4 or license requirements.

5 (4) That the Company assume full responsibility

6 for ownership, operation, maintenance, repair, and

7 all regulatory compliance requirements for the elec8 trical distribution system.

9 (e) CONDITION ON EXPANSION.—The conveyance under

10 subsection (a) shall also be subject to the condition that the

11 Company may not expand the electrical distribution system

12 without prior approval by the Secretary.

13 (f) ENVIRONMENTAL COMPLIANCE.—The Company

14 shall be responsible for owning, operating, and upgrading

15 the electrical distribution system in accordance with all ap16 plicable Federal, State, and municipal laws and regula17 tions promulgated thereunder.

18 (g) DESCRIPTION OF EASEMENT.—The exact acreage

19 and legal description of any easement granted under sub20 section (c) shall be determined by a survey satisfactory to

21 the Secretary. The cost of such survey shall be borne by the

22 Company.

23 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyance under subsection (a) and
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1 the grant of any easement under subsection (c) as the Sec2 retary considers appropriate to protect the interests of the

3 United States.

4 Subtitle E—Other Matters

5 SEC. 2851. EXPANSION OF AUTHORITY TO SELL ELEC6 TRICITY.

7 (a) INCLUSION OF ADDITIONAL ENERGY PRODUCTION

8 FACILITIES.—Subsection (a) of section 2483 of title 10,

9 United States Code, is amended by striking out ‘‘alternate

10 energy and cogeneration type production facilities’’ in the

11 first sentence and inserting in lieu thereof ‘‘energy produc12 tion facilities’’.

13 (b) CLERICAL AMENDMENTS.—(1) The heading of such

14 section is amended to read as follows:

15 ‘‘§ 2483. Special sale authority regarding electricity’’.

16 (2) The table of sections at the beginning of chapter

17 147 of title 10, United States Code, is amended by striking

18 out the item relating to section 2483 and inserting in lieu

19 thereof the following new item:

‘‘2483. Special sale authority regarding electricity.’’.

20 SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE PORT AU21 THORITY TO USE NAVY PROPERTY AT NAVAL

22 CONSTRUCTION BATTALION CENTER, GULF23 PORT, 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 real property comprising up to 50 acres

4 located at the Naval Construction Battalion Center, Gulf5 port, Mississippi (in this section referred to as the ‘‘Cen6 ter’’).

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 at least three additional periods of five

12 years each.

13 (c) CONDITIONS ON USE.—The agreement authorized

14 under subsection (a) shall require the Port Authority—

15 (1) to suspend operations under the agreement in

16 the event Navy contingency operations are conducted

17 at the Center; and

18 (2) to use the property covered by the agreement

19 in a manner consistent with Navy operations con20 ducted at the Center.

21 (d) CONSIDERATION.—(1) As consideration for the use

22 of the property covered by the agreement under subsection

23 (a), the Port Authority shall pay to the Navy an amount

24 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 Port Authority’s use of the property.

3 (2) The Secretary may include a provision in the

4 agreement requiring the Port Authority—

5 (A) to pay the Navy an amount (as determined

6 by the Secretary) to cover the costs of replacing at the

7 Center any facilities vacated by the Navy on account

8 of the agreement or to construct suitable replacement

9 facilities for the Navy; and

10 (B) to pay the Navy an amount (as determined

11 by the Secretary) for the costs of relocating Navy op12 erations from the vacated facilities to the replacement

13 facilities.

14 (e) CONGRESSIONAL NOTIFICATION.—The Secretary

15 may not enter into the agreement authorized by subsection

16 (a) until the end of the 21-day period beginning on the date

17 on which the Secretary submits to Congress a report con18 taining an explanation of the terms of the proposed agree19 ment and a description of the consideration that the Sec20 retary expects to receive under the agreement.

21 (f) USE OF PAYMENT.—(1) In such amounts as are

22 provided in advance in appropriation Acts, the Secretary

23 may use amounts paid under subsection (d)(1) to pay for

24 general supervision, administration, and overhead expenses

25 and for improvement, maintenance, repair, construction, or
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1 restoration of the roads, railways, and facilities serving the

2 Center.

3 (2) In such amounts as are provided in advance in

4 appropriation Acts, the Secretary may use amounts paid

5 under subsection (d)(2) to pay for constructing new facili6 ties, or making modifications to existing facilities, that are

7 necessary to replace facilities vacated by the Navy on ac8 count of the agreement under subsection (a) and for relocat9 ing operations of the Navy from the vacated facilities to

10 replacement facilities.

11 (g) CONSTRUCTION BY PORT AUTHORITY.—The Sec12 retary may authorize the Port Authority to demolish exist13 ing facilities located on the property covered by the agree14 ment under subsection (a) and, consistent with the restric15 tion specified in subsection (c)(2), construct new facilities

16 on the property for joint use by the Port Authority and

17 the Navy.

18 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the agreement authorized under sub21 section (a) as the Secretary considers appropriate to protect

22 the interests of the United States.
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1 SEC. 2853. PROHIBITION ON JOINT CIVIL AVIATION USE OF

2 NAVAL AIR STATION MIRAMAR, CALIFORNIA.

3 The Secretary of the Navy may not enter into any

4 agreement that would provide for or permit civil aircraft

5 to regularly use Naval Air Station Miramar, California.

6 SEC. 2854. REPORT REGARDING ARMY WATER CRAFT SUP7 PORT FACILITIES AND ACTIVITIES.

8 Not later than February 15, 1996, the Secretary of the

9 Army shall submit to Congress a report describing—

10 (1) the location, assets, and mission of each

11 Army facility, active or reserve component, that sup12 ports water transportation operations;

13 (2) an infrastructure inventory and utilization

14 rate of each Army facility supporting water transpor15 tation operations;

16 (3) options for consolidating these operations to

17 reduce overhead; and

18 (4) actions that can be taken to affirmatively re19 spond to requests from the residents of Marcus Hook,

20 Pennsylvania, to close the Army Reserve facility lo21 cated in Marcus Hook and make the facility available

22 for use by the community.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL

3 SECURITY AUTHORIZATIONS

4 AND OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 (a) STOCKPILE STEWARDSHIP.—Subject to subsection

12 (d), funds are hereby authorized to be appropriated to the

13 Department of Energy for fiscal year 1996 for stockpile

14 stewardship in carrying out weapons activities necessary

15 for national security programs in the amount of

16 $3,610,914,000, to be allocated as follows:

17 (1) For core stockpile stewardship,

18 $1,189,708,000 for fiscal year 1996, to be allocated as

19 follows:

20 (A) For operation and maintenance,

21 $1,098,403,000.

22 (B) For plant projects (including mainte23 nance, restoration, planning, construction, ac24 quisition, modification of facilities, and the con25 tinuation of projects authorized in prior years,
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1 and land acquisition related thereto),

2 $96,305,000, to be allocated as follows:

3 Project 96–D–102, stockpile steward4 ship facilities revitalization, Phase VI, var5 ious locations, $2,520,000.

6 Project 96–D–103, ATLAS, Los Ala7 mos National Laboratory, Los Alamos, New

8 Mexico, $8,400,000.

9 Project 96–D–104, processing and en10 vironmental technology laboratory (PETL),

11 Sandia National Laboratories, Albuquerque,

12 New Mexico, $1,800,000.

13 Project 96–D–105, contained firing fa14 cility addition, Lawrence Livermore Na15 tional Laboratory, Livermore, California,

16 $6,600,000.

17 Project 95–D–102, Chemical and Met18 allurgy Research Building upgrades project,

19 Los Alamos National Laboratory, Los Ala20 mos, New Mexico, $9,940,000.

21 Project 94–D–102, nuclear weapons re22 search, development, and testing facilities

23 revitalization, Phase V, various locations,

24 $12,200,000.
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1 Project 93–D–102, Nevada support fa2 cility, North Las Vegas, Nevada,

3 $15,650,000.

4 Project 90–D–102, nuclear weapons re5 search, development, and testing facilities

6 revitalization, Phase III, various locations,

7 $6,200,000.

8 Project 88–D–106, nuclear weapons re9 search, development, and testing facilities

10 revitalization, Phase II, various locations,

11 $27,995,000.

12 (2) For inertial fusion, $240,667,000, to be allo13 cated as follows:

14 (A) For operation and maintenance,

15 $203,267,000.

16 (B) For plant projects (including mainte17 nance, restoration, planning, construction, ac18 quisition, modification of facilities, and the con19 tinuation of projects authorized in prior years,

20 and land acquisition related thereto),

21 $37,400,000 to be allocated as follows:

22 Project 96–D–111, national ignition

23 facility, TBD, $37,400,000.

24 (3) For technology transfer, $25,000,000.

25 (4) For Marshall Islands, $6,800,000.
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1 (b) STOCKPILE MANAGEMENT.—Subject to subsection

2 (d), funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 1996 for stockpile

4 management in carrying out weapons activities necessary

5 for national security programs in the amount of

6 $2,142,083,000, to be allocated as follows:

7 (1) For operation and maintenance,

8 $2,028,458,000.

9 (2) For plant projects (including maintenance,

10 restoration, planning, construction, acquisition, modi11 fication of facilities, and the continuation of projects

12 authorized in prior years, and land acquisition relat13 ed thereto), $113,625,000, to be allocated as follows:

14 Project 96–D–122, sewage treatment quality

15 upgrade (STQU), Pantex Plant, Amarillo,

16 Texas, $600,000.

17 Project 96–D–123, retrofit HVAC and

18 chillers for ozone protection, Y–12 Plant, Oak

19 Ridge, Tennessee, $3,100,000.

20 Project 96–D–125, Washington measure21 ments operations facility, Andrews Air Force

22 Base, Camp Springs, Maryland, $900,000.

23 Project 96–D–126, tritium loading line

24 modifications, Savannah River Site, South

25 Carolina, $12,200,000.
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1 Project 95–D–122, sanitary sewer upgrade,

2 Y–12 Plant, Oak Ridge, Tennessee, $6,300,000.

3 Project 94–D–124, hydrogen fluoride supply

4 system, Y–12 Plant, Oak Ridge, Tennessee,

5 $8,700,000.

6 Project 94–D–125, upgrade life safety, Kan7 sas City Plant, Kansas City, Missouri,

8 $5,500,000.

9 Project 94–D–127, emergency notification

10 system, Pantex Plant, Amarillo, Texas,

11 $2,000,000.

12 Project 94–D–128, environmental safety

13 and health analytical laboratory, Pantex Plant,

14 Amarillo, Texas, $4,000,000.

15 Project 93–D–122, life safety upgrades, Y–

16 12 Plant, Oak Ridge, Tennessee, $7,200,000.

17 Project 93–D–123, complex-21, various lo18 cations, $41,065,000.

19 Project 88–D–122, facilities capability as20 surance program, various locations, $8,660,000.

21 Project 88–D–123, security enhancement,

22 Pantex Plant, Amarillo, Texas, $13,400,000.

23 (c) PROGRAM DIRECTION.—Subject to subsection (d),

24 funds are hereby authorized to be appropriated to the De25 partment of Energy for fiscal year 1996 for program direc-
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1 tion in carrying out weapons activities necessary for na2 tional security programs in the amount of $118,000,000.

3 (d) ADJUSTMENTS.—The total amount authorized to

4 be appropriated pursuant to this section is the sum of the

5 amounts authorized to be appropriated in subsections (a)

6 through (c) reduced by the sum of—

7 (1) $25,000,000, for savings resulting from pro8 curement reform; and

9 (2) $86,344,000, for use in prior year balances.

10 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT.

12 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

13 (i), funds are hereby authorized to be appropriated to the

14 Department of Energy for fiscal year 1996 for corrective

15 activities in carrying out environmental restoration and

16 waste management activities necessary for national security

17 programs in the amount of $3,406,000, all of which shall

18 be available for the following plant project (including main19 tenance, restoration, planning, construction, acquisition,

20 modification of facilities, and land acquisition related

21 thereto):

22 Project 90–D–103, environment, safety and

23 health improvements, weapons research and develop24 ment complex, Los Alamos National Laboratory, Los

25 Alamos, New Mexico.
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1 (b) ENVIRONMENTAL RESTORATION.—Subject to sub2 section (i), funds are hereby authorized to be appropriated

3 to the Department of Energy for fiscal year 1996 for envi4 ronmental restoration in carrying out environmental res5 toration and waste management activities necessary for na6 tional security programs in the amount of $1,575,973,000.

7 (c) WASTE MANAGEMENT.—Subject to subsection (i),

8 funds are hereby authorized to be appropriated to the De9 partment of Energy for fiscal year 1996 for waste manage10 ment in carrying out environmental restoration and waste

11 management activities necessary for national security pro12 grams in the amount of $2,351,596,000, to be allocated as

13 follows:

14 (1) For operation and maintenance,

15 $2,168,994,000.

16 (2) For plant projects (including maintenance,

17 restoration, planning, construction, acquisition, modi18 fication of facilities, and the continuation of projects

19 authorized in prior years, and land acquisition relat20 ed thereto), $182,602,000, to be allocated as follows:

21 Project 96–D–406, K-Basin operations pro22 gram, Richland, Washington, $26,000,000.

23 Project 96–D–407, mixed waste low level

24 waste treatment projects, Rocky Flats, Golden,

25 Colorado, $2,900,000.
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1 Project 96–D–408, waste management up2 grades, various locations, $5,615,000.

3 Project 95–D–402, install permanent elec4 trical service for the Waste Isolation Pilot Plant,

5 Carlsbad, New Mexico, $4,314,000.

6 Project 95–D–405, industrial landfill V and

7 construction/demolition landfill VII, Phase III,

8 Y–12 Plant, Oak Ridge, Tennessee, $4,600,000.

9 Project 95–D–406, road 5–01 reconstruc10 tion, area 5, Nevada Test Site, Nevada,

11 $1,023,000.

12 Project 94–D–400, high explosive

13 wastewater treatment system, Los Alamos Na14 tional Laboratory, Los Alamos, New Mexico,

15 $4,445,000.

16 Project 94–D–402, liquid waste treatment

17 system, Nevada Test Site, Nevada, $282,000.

18 Project 94–D–404, Melton Valley storage

19 tanks capacity increase, Oak Ridge National

20 Laboratory, Oak Ridge, Tennessee, $11,000,000.

21 Project 94–D–407, initial tank retrieval

22 systems, Richland, Washington, $9,400,000.

23 Project 94–D–411, solid waste operations

24 complex project, Richland, Washington,

25 $5,500,000.
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1 Project 94–D–417, intermediate level and

2 low activity waste vaults, Savannah River Site,

3 Aiken, South Carolina, $2,704,000.

4 Project 93–D–178, building 374 liquid

5 waste treatment facility, Rocky Flats Environ6 mental Technology Site, Golden, Colorado,

7 $3,900,000.

8 Project 93–D–182, replacement of cross-site

9 transfer system, Richland, Washington,

10 $19,795,000.

11 Project 93–D–183, multi-function waste re12 mediation facility, Richland, Washington,

13 $31,000,000.

14 Project 93–D–187, high-level waste removal

15 from filled waste tanks, Savannah River Site,

16 Aiken, South Carolina, $19,700,000.

17 Project 92–D–171, mixed waste receiving

18 and storage facility, Los Alamos National Lab19 oratory, Los Alamos, New Mexico, $1,105,000.

20 Project 92–D–188, waste management envi21 ronmental, safety and health (ES&H) and com22 pliance activities, various locations, $1,100,000.

23 Project 90–D–172, aging waste transfer

24 lines, Richland, Washington, $2,000,000.
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1 Project 90–D–177, RWMC transuranic

2 (TRU) waste characterization and storage facil3 ity, Idaho National Engineering Laboratory,

4 Idaho, $1,428,000.

5 Project 90–D–178, TSA retrieval enclosure,

6 Idaho National Engineering Laboratory, Idaho,

7 $2,606,000.

8 Project 89–D–173, tank farm ventilation

9 upgrade, Richland, Washington, $800,000.

10 Project 89–D–174, replacement high-level

11 waste evaporator, Savannah River Site, Aiken,

12 South Carolina, $11,500,000.

13 Project 86–D–103, decontamination and

14 waste treatment facility, Lawrence Livermore

15 National Laboratory, Livermore, California,

16 $8,885,000.

17 Project 83–D–148, nonradioactive hazard18 ous waste management, Savannah River Site,

19 Aiken, South Carolina, $1,000,000.

20 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub21 section (i), funds are hereby authorized to be appropriated

22 to the Department of Energy for fiscal year 1996 for tech23 nology development in carrying out environmental restora24 tion and waste management activities necessary for na25 tional security programs in the amount of $390,510,000.
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1 (e) TRANSPORTATION MANAGEMENT.—Subject to sub2 section (i), funds are hereby authorized to be appropriated

3 to the Department of Energy for fiscal year 1996 for trans4 portation management in carrying out environmental res5 toration and waste management activities necessary for na6 tional security programs in the amount of $10,158,000.

7 (f) NUCLEAR MATERIALS AND FACILITIES STABILIZA8 TION.—Subject to subsection (i), funds are hereby author9 ized to be appropriated to the Department of Energy for

10 fiscal year 1996 for nuclear materials and facilities sta11 bilization in carrying out environmental restoration and

12 waste management activities necessary for national security

13 programs in the amount of $1,514,504,000 to be allocated

14 as follows:

15 (1) For operation and maintenance,

16 $1,427,108,000.

17 (2) For plant projects (including maintenance,

18 restoration, planning, construction, acquisition, modi19 fication of facilities, and the continuation of projects

20 authorized in prior years, and land acquisition relat21 ed thereto), $87,396,000, to be allocated as follows:

22 Project 96–D–458, site drainage control,

23 Mound Plant, Miamisburg, Ohio, $885,000.

24 Project 96–D–461, Idaho National Engi25 neering Laboratory electrical distribution up-
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1 grade, Idaho National Engineering Laboratory,

2 Idaho, $1,539,000.

3 Project 96–D–462, health physics instru4 ment laboratory, Idaho National Engineering

5 Laboratory, Idaho, $1,126,000.

6 Project 96–D–464, electrical and utility sys7 tems upgrade, Idaho Chemical Processing Plant,

8 Idaho National Engineering Laboratory, Idaho,

9 $4,952,000.

10 Project 96–D–470, environmental monitor11 ing laboratory, Savannah River Site, Aiken,

12 South Carolina, $3,500,000.

13 Project 96–D–471, CFC HVAC/chiller retro14 fit, Savannah River Site, Aiken, South Carolina,

15 $1,500,000.

16 Project 96–D–473, health physics site sup17 port facility, Savannah River Site, Aiken, South

18 Carolina, $2,000,000.

19 Project 95–D–155, upgrade site road infra20 structure, Savannah River site, Aiken, South

21 Carolina, $2,900,000.

22 Project 95–D–156, radio trunking system,

23 Savannah River site, Aiken, South Carolina,

24 $6,000,000.
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1 Project 95–D–454, 324 facility compliance/

2 renovation, Richland, Washington, $3,500,000.

3 Project 95–D–456, security facilities con4 solidation, Idaho Chemical Processing Plant,

5 Idaho National Engineering Laboratory, Idaho,

6 $8,382,000.

7 Project 94–D–122, underground storage

8 tanks, Rocky Flats Plant, Golden, Colorado,

9 $5,000,000.

10 Project 94–D–401, emergency response facil11 ity, Idaho National Engineering Laboratory,

12 Idaho, $5,074,000.

13 Project 94–D–412, 300 area process sewer

14 piping system upgrade, Richland, Washington,

15 $1,000,000.

16 Project 94–D–415, Idaho National Engi17 neering Laboratory medical facilities, Idaho Na18 tional Engineering Laboratory, Idaho,

19 $3,601,000.

20 Project 94–D–451, infrastructure replace21 ment, Rocky Flats Plant, Golden, Colorado,

22 $2,940,000.

23 Project 93–D–147, domestic water system

24 upgrade, Phase I and II, Savannah River Site,

25 Aiken, South Carolina, $7,130,000.
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1 Project 93–D–172, Idaho National Engi2 neering Laboratory electrical upgrade, Idaho Na3 tional Engineering Laboratory, Idaho, $124,000.

4 Project 92–D–123, plant fire/security alarm

5 system replacement, Rocky Flats Plant, Golden,

6 Colorado, $9,560,000.

7 Project 92–D–125, master safeguards and

8 security agreement/materials surveillance task

9 force security upgrades, Rocky Flats Plant, Gold10 en, Colorado, $7,000,000.

11 Project 92–D–181, Idaho National Engi12 neering Laboratory fire and life safety improve13 ments, Idaho National Engineering Laboratory,

14 Idaho, $6,883,000.

15 Project 91–D–127, criticality alarm and

16 plant annunciation utility replacement, Rocky

17 Flats Plant, Golden, Colorado, $2,800,000.

18 (g) COMPLIANCE AND PROGRAM COORDINATION.—

19 Subject to subsection (i), funds are hereby authorized to be

20 appropriated to the Department of Energy for fiscal year

21 1996 for compliance and program coordination in carrying

22 out environmental restoration and waste management ac23 tivities necessary for national security programs in the

24 amount of $31,251,000, to be allocated as follows:
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1 (1) For operation and maintenance,

2 $16,251,000.

3 (2) For the following plant project (including

4 maintenance, restoration, planning, construction, ac5 quisition, modification of facilities, and the continu6 ation of projects authorized in prior years, and land

7 acquisition related thereto):

8 Project 95–E–600, hazardous materials

9 management and emergency response training

10 center, Richland, Washington, $15,000,000.

11 (h) ANALYSIS, EDUCATION, AND RISK MANAGE12 MENT.—Subject to subsection (i), funds are hereby author13 ized to be appropriated to the Department of Energy for

14 fiscal year 1996 analysis, education, and risk management

15 in carrying out environmental restoration and waste man16 agement activities necessary for national security programs

17 in the amount of $77,022,000.

18 (i) ADJUSTMENTS.—The total amount authorized to be

19 appropriated pursuant to this section is the sum of the

20 amounts specified in subsections (a) through (h) reduced by

21 the sum of—

22 (1) $651,942,000, for use of prior year balances;

23 and

24 (2) $37,000,000 for Savannah River Pension Re25 fund.
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1 SEC. 3103. PAYMENT OF PENALTIES.

2 The Secretary of Energy may pay to the Hazardous

3 Substance Superfund established under section 9507 of the

4 Internal Revenue Code of 1986 (26 U.S.C. 9507), from

5 funds appropriated to the Department of Energy for envi6 ronmental restoration and waste management activities

7 pursuant to section 3102, stipulated civil penalties assessed

8 under the Comprehensive Environmental Response, Com9 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

10 seq.) in the amount of $350,000 assessed against the Rocky

11 Flats site, Colorado, under such Act.

12 SEC. 3104. OTHER DEFENSE ACTIVITIES.

13 (a) OTHER DEFENSE ACTIVITIES.—Subject to sub14 section (b), funds are hereby authorized to be appropriated

15 to the Department of Energy for fiscal year 1996 for other

16 defense activities in carrying out programs necessary for

17 national security in the amount of $1,328,841,000, to be

18 allocated as follows:

19 (1) For verification and control technology,

20 $353,200,000, to be allocated as follows:

21 (A) For nonproliferation and verification

22 research and development, $163,500,000.

23 (B) For arms control, $147,364,000.

24 (C) For intelligence, $42,336,000.

25 (2) For nuclear safeguards and security,

26 $83,395,000.
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1 (3) For security investigations, $25,000,000.

2 (4) For security evaluations, $14,707,000.

3 (5) For the Office of Nuclear Safety,

4 $15,050,000.

5 (6) For worker and community transition assist6 ance, $75,000,000.

7 (7) For fissile materials disposition, $70,000,000.

8 (8) For emergency management, $23,321,000.

9 (9) For naval reactors development,

10 $682,168,000, to be allocated as follows:

11 (A) For operation and infrastructure,

12 $659,168,000.

13 (B) For plant projects (including mainte14 nance, restoration, planning, construction, ac15 quisition, modification of facilities, and the con16 tinuation of projects authorized in prior years,

17 and land acquisition related thereto),

18 $23,000,000, to be allocated as follows:

19 Project 95–D–200, laboratory systems

20 and hot cell upgrades, various locations,

21 $11,300,000.

22 Project 95–D–201, advanced test reac23 tor radioactive waste system upgrades,

24 Idaho National Engineering Laboratory,

25 Idaho, $4,800,000.
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1 Project 93–D–200, engineering services

2 facilities, Knolls Atomic Power Laboratory,

3 Niskayuna, New York, $3,900,000.

4 Project 90–N–102, expended core facil5 ity dry cell project, Naval Reactors facility,

6 Idaho, $3,000,000.

7 (b) ADJUSTMENT.—The total amount that may be ap8 propriated pursuant to this section is the amount author9 ized to be appropriated in subsection (a) reduced by the

10 sum of $13,000,000, for use of prior year balances.

11 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

12 Funds are hereby authorized to be appropriated to the

13 Department of Energy for fiscal year 1996 for payment to

14 the Nuclear Waste Fund established in section 302(c) of the

15 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

16 the amount of $198,400,000.

17 Subtitle B—Recurring General

18 Provisions

19 SEC. 3121. REPROGRAMMING.

20 (a) IN GENERAL.—Until the Secretary of Energy sub21 mits to the congressional defense committees the report re22 ferred to in subsection (b) and a period of 30 days has

23 elapsed after the date on which such committees receive the

24 report, the Secretary may not use amounts appropriated

25 pursuant to this title for any program—
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1 (1) in amounts that exceed, in a fiscal year—

2 (A) 110 percent of the amount authorized

3 for that program by this title; or

4 (B) $1,000,000 more than the amount au5 thorized for that program by this title; or

6 (2) which has not been presented to, or requested

7 of, Congress.

8 (b) REPORT.—(1) The report referred to in subsection

9 (a) is a report containing a full and complete statement

10 of the action proposed to be taken and the facts and cir11 cumstances relied upon in support of such proposed action.

12 (2) In the computation of the 30-day period under sub13 section (a), there shall be excluded any day on which either

14 House of Congress is not in session because of an adjourn15 ment of more than 3 days to a day certain.

16 (c) LIMITATIONS.—(1) In no event may the total

17 amount of funds obligated pursuant to this title exceed the

18 total amount authorized to be appropriated by this title.

19 (2) Funds appropriated pursuant to this title may not

20 be used for an item for which Congress has specifically de21 nied funds.

22 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

23 (a) IN GENERAL.—The Secretary of Energy may carry

24 out any construction project under the general plant
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1 projects authorized by this title if the total estimated cost

2 of the construction project does not exceed $2,000,000.

3 (b) REPORT TO CONGRESS.—If, at any time during

4 the construction of any general plant project authorized by

5 this title, the estimated cost of the project is revised because

6 of unforeseen cost variations and the revised cost of the

7 project exceeds $2,000,000, the Secretary shall immediately

8 furnish a complete report to the congressional defense com9 mittees explaining the reasons for the cost variation.

10 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

11 (a) IN GENERAL.—(1) Except as provided in para12 graph (2), construction on a construction project may not

13 be started or additional obligations incurred in connection

14 with the project above the total estimated cost, whenever the

15 current estimated cost of the construction project, which is

16 authorized by sections 3101, 3102, and 3104, or which is

17 in support of national security programs of the Department

18 of Energy and was authorized by any previous Act, exceeds

19 by more than 25 percent the higher of—

20 (A) the amount authorized for the project; or

21 (B) the amount of the total estimated cost for the

22 project as shown in the most recent budget justifica23 tion data submitted to Congress.

24 (2) An action described in paragraph (1) may be taken

25 if—
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1 (A) the Secretary of Energy has submitted to the

2 congressional defense committees a report on the ac3 tions and the circumstances making such action nec4 essary; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 days to a day certain.

12 (b) EXCEPTION.—Subsection (a) shall not apply to

13 any construction project which has a current estimated cost

14 of less than $5,000,000.

15 SEC. 3124. FUND TRANSFER AUTHORITY.

16 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

17 Secretary of Energy may transfer funds authorized to be

18 appropriated to the Department of Energy pursuant to this

19 title to other Federal agencies for the performance of work

20 for which the funds were authorized. Funds so transferred

21 may be merged with and be available for the same purposes

22 and for the same time period as the authorizations of the

23 Federal agency to which the amounts are transferred.

24 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

25 LIMITATIONS.—(1) Subject to paragraph (2), the Secretary
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1 of Energy may transfer funds authorized to be appropriated

2 to the Department of Energy pursuant to this title between

3 any such authorizations. Amounts of authorizations so

4 transferred may be merged with and be available for the

5 same purposes and for the same time period as the author6 ization to which the amounts are transferred.

7 (2) Not more than 5 percent of any such authorization

8 may be transferred between authorizations under para9 graph (1). No such authorization may be increased or de10 creased by more than 5 percent by a transfer under such

11 paragraph.

12 (3) The authority provided by this section to transfer

13 authorizations—

14 (A) may only be used to provide funds for items

15 that have a higher priority than the items from which

16 the funds are transferred; and

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

18 item that has been denied funds by Congress.

19 (c) NOTICE TO CONGRESS.—The Secretary of Energy

20 shall promptly notify the Committee on Armed Services of

21 the Senate and the Committee on National Security of the

22 House of Representatives of any transfer of funds to or from

23 authorizations under this title.
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1 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC2 TION DESIGN.

3 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

4 Subject to paragraph (2) and except as provided in para5 graph (3), before submitting to Congress a request for funds

6 for a construction project that is in support of a national

7 security program of the Department of Energy, the Sec8 retary of Energy shall complete a conceptual design for that

9 project.

10 (2) If the estimated cost of completing a conceptual

11 design for a construction project exceeds $3,000,000, the

12 Secretary shall submit to Congress a request for funds for

13 the conceptual design before submitting a request for funds

14 for the construction project.

15 (3) The requirement in paragraph (1) does not apply

16 to a request for funds—

17 (A) for a construction project the total estimated

18 cost of which is less than $2,000,000, or

19 (B) for emergency planning, design, and con20 struction activities under section 3126.

21 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

22 Within the amounts authorized by this title, the Secretary

23 of Energy may carry out construction design services (in24 cluding architectural and engineering services) in connec25 tion with any proposed construction project if the total esti26 mated cost for such design does not exceed $600,000.
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1 (2) If the total estimated cost for construction design

2 in connection with any construction project exceeds

3 $600,000, funds for such design must be specifically author4 ized by law.

5 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE6 SIGN, AND CONSTRUCTION ACTIVITIES.

7 (a) AUTHORITY.—The Secretary of Energy may use

8 any funds available to the Department of Energy pursuant

9 to an authorization in this title, including those funds au10 thorized to be appropriated for advance planning and con11 struction design under sections 3101, 3102, and 3104, to

12 perform planning, design, and construction activities for

13 any Department of Energy defense activity construction

14 project that, as determined by the Secretary, must proceed

15 expeditiously in order to protect public health and safety,

16 meet the needs of national defense, or to protect property.

17 (b) LIMITATION.—The Secretary may not exercise the

18 authority under subsection (a) in the case of any construc19 tion project until the Secretary has submitted to the con20 gressional defense committees a report on the activities that

21 the Secretary intends to carry out under this section and

22 the circumstances making such activities necessary.

23 (c) SPECIFIC AUTHORITY.—The requirement of section

24 3125(b)(2) does not apply to emergency planning, design,

25 and construction activities conducted under this section.
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1 (d) REPORT.—The Secretary of Energy shall report to

2 the congressional defense committees any exercise of author3 ity under this section.

4 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU5 RITY PROGRAMS OF THE DEPARTMENT OF

6 ENERGY.

7 Subject to the provisions of appropriations Acts and

8 section 3121 of this title, amounts appropriated pursuant

9 to this title for management and support activities and for

10 general plant projects are available for use, when necessary,

11 in connection with all national security programs of the

12 Department of Energy.

13 SEC. 3128. AVAILABILITY OF FUNDS.

14 When so specified in an appropriation Act, amounts

15 appropriated for operating expenses or for plant and cap16 ital equipment may remain available until expended.

17 Subtitle C—Program Authoriza18 tions, Restrictions, and Limita19 tions

20 SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING

21 TO FISSILE MATERIALS.

22 (a) AUTHORITY.—The Secretary of Energy may con23 duct programs designed to improve the protection, control,

24 and accountability of fissile materials in Russia.
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1 (b) PRIOR NOTICE TO CONGRESS OF OBLIGATION OF

2 FUNDS.—

3 (1) ANNUAL REQUIREMENT.—(A) Not less than

4 15 days before any obligation of any funds appro5 priated for any fiscal year for a program described

6 in subsection (a), the Secretary of Energy shall sub7 mit to the congressional committees specified in sub8 paragraph (B) a report on that proposed obligation

9 for that program for that fiscal year.

10 (B) The congressional committees referred to in

11 subparagraph (A) are the following:

12 (i) The Committee on Armed Services, the

13 Committee on Foreign Relations, and the Com14 mittee on Appropriations of the Senate.

15 (ii) The Committee on National Security,

16 the Committee on International Relations, and

17 the Committee on Appropriations of the House of

18 Representatives.

19 (2) MATTERS TO BE SPECIFIED IN REPORTS.—

20 Each such report shall specify—

21 (A) the activities and forms of assistance for

22 which the Secretary of Energy plans to obligate

23 funds;

24 (B) the amount of the proposed obligation;

25 and
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1 (C) the projected involvement (if any) of

2 any department or agency of the United States

3 (in addition to the Department of Energy) and

4 of the private sector of the United States in the

5 activities and forms of assistance for which the

6 Secretary of Energy plans to obligate such funds.

7 SEC. 3132. NATIONAL IGNITION FACILITY.

8 None of the funds appropriated pursuant to this title

9 for the National Ignition Facility may be obligated until—

10 (1) the Secretary of Energy concludes that the

11 construction of the National Ignition Facility will not

12 impede the nuclear nonproliferation objectives of the

13 United States; and

14 (2) the Secretary of Energy notifies the congres15 sional defense committees of that conclusion.

16 SEC. 3133. TRITIUM PRODUCTION.

17 (a) NEW TRITIUM PRODUCTION ACTIVITIES.—Funds

18 authorized to be appropriated for fiscal year 1996 for new

19 tritium production activities shall be available only for the

20 following purposes and in the following amounts:

21 (1) For implementation of multipurpose water

22 reactor technology, $60,000,000, of which—

23 (A) $14,000,000 shall be made available to

24 private industry to begin implementation of the

25 privatized multipurpose reactor program plan
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1 submitted to the Department of Energy on

2 March 31, 1994; and

3 (B) $20,000,000 shall be made available to

4 the Idaho National Engineering Laboratory for

5 the test and development of both the Light Water

6 Reactor Tritium Target Program and Mixed

7 Oxide Fuels.

8 (2) For research and development of accelerator

9 technology, $40,000,000.

10 (b) FISSILE MATERIALS CONTROL AND DISPOSI11 TION.—Funds authorized to be appropriated for fiscal year

12 1996 for fissile materials storage and disposition activities

13 shall be available only for completing the evaluation and

14 beginning the implementation of the plutonium storage and

15 disposition option, including the multipurpose advanced

16 light water reactor, in the amount of $70,000,000, of

17 which—

18 (1) $5,000,000 shall be made available to the

19 Idaho National Engineering Laboratory for evalua20 tion of plutonium conversion to oxide fuel material in

21 the multipurpose advanced light water reactor; and

22 (2) sufficient funds shall be made available for a

23 complete consideration of the multipurpose advanced

24 light water reactor in the Department of Energy pro25 grammatic environmental impact statement.
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1 (c) ACCELERATOR RESEARCH AND DEVELOPMENT.—

2 (1) Subject to paragraph (2), funds authorized in subsection

3 (a)(2) shall be used to continue research and development

4 of the accelerator technologies in defense areas, including

5 its potential use as a backup technology to the advanced

6 light-water reactor technology for tritium production.

7 (2) Funds authorized in subsection (a)(2) may be ex8 pended only after the Secretary begins implementation of

9 the program described in subsection (a)(1)(A).

10 Subtitle D—Other Matters

11 SEC. 3141. REPORT ON FOREIGN TRITIUM PURCHASES.

12 Not later than February 1, 1996, the President shall

13 submit to Congress a report on the feasibility of, the cost

14 of, and the political, legal, and other issues associated with

15 purchasing tritium from various foreign suppliers in order

16 to ensure an adequate supply of tritium in the United

17 States for nuclear weapons.

18 SEC. 3142. STUDY ON NUCLEAR TEST READINESS POS19 TURES.

20 Not later than February 15, 1996, the Secretary of En21 ergy shall submit to Congress a report on the cost of, and

22 the programmatic and other issues associated with, sustain23 ing an ability to conduct an underground nuclear test in

24 6, 18, and 36 months from the date on which the President
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1 determines that such a test is necessary to ensure the na2 tional security of the United States.

3 SEC. 3143. MASTER PLAN ON WARHEADS IN THE ENDURING

4 STOCKPILE.

5 (a) MASTER PLAN.—Not later than March 15, 1996,

6 the President shall submit to Congress a master plan that

7 describes in detail how the Government plans to dem8 onstrate, by 2002—

9 (1) the capability to refabricate and certify war10 heads in the enduring stockpile; and

11 (2) the capability to design, fabricate, and cer12 tify new warheads.

13 (b) FORM OF PLAN.—The plan should be submitted in

14 classified and unclassified forms.

15 SEC. 3144. PROHIBITION ON INTERNATIONAL INSPECTIONS

16 OF DEPARTMENT OF ENERGY FACILITIES UN17 LESS PROTECTION OF RESTRICTED DATA IS

18 CERTIFIED.

19 (a) PROHIBITION ON INSPECTIONS.—The Secretary of

20 Energy may not allow an inspection of a nuclear weapons

21 facility by the International Atomic Energy Agency until—

22 (1) the Secretary certifies to Congress that no re23 stricted data or classified information will be revealed

24 during such inspection; and
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1 (2) a period of 30 days has passed since the date

2 on which such certification was made.

3 (b) RESTRICTED DATA DEFINED.—In this section, the

4 term ‘‘restricted data’’ has the meaning provided by section

5 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

6 TITLE XXXII—DEFENSE NU7 CLEAR FACILITIES SAFETY

8 BOARD

9 SEC. 3201. AUTHORIZATION.

10 There are authorized to be appropriated for fiscal year

11 1996 $17,000,000 for the operation of the Defense Nuclear

12 Facilities Safety Board under chapter 21 of the Atomic En13 ergy Act of 1954 (42 U.S.C. 2286 et seq.)

14 TITLE XXXIII—NATIONAL

15 DEFENSE STOCKPILE

16 SEC. 3301. FISCAL YEAR 1996 AUTHORIZED USES OF STOCK17 PILE FUNDS.

18 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis19 cal year 1996, the National Defense Stockpile Manager may

20 obligate up to $77,100,000 of the funds in the National De21 fense Stockpile Transaction Fund established under sub22 section (a) of section 9 of the Strategic and Critical Mate23 rials Stock Piling Act (50 U.S.C. 98h) for the authorized

24 uses of such funds under subsection (b)(2) of such section.
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1 (b) ADDITIONAL OBLIGATIONS.—The National Defense

2 Stockpile Manager may obligate amounts in excess of the

3 amount specified in subsection (a) if the National Defense

4 Stockpile Manager notifies Congress that extraordinary or

5 emergency conditions necessitate the additional obligations.

6 The National Defense Stockpile Manager may make the ad7 ditional obligations described in the notification after the

8 end of the 45-day period beginning on the date Congress

9 receives the notification.

10 (c) LIMITATIONS.—The authorities provided by this

11 section shall be subject to such limitations as may be pro12 vided in appropriations Acts.

13 SEC. 3302. PREFERENCE FOR DOMESTIC UPGRADERS IN

14 DISPOSAL OF CHROMITE AND MANGANESE

15 ORES AND CHROMIUM FERRO AND MAN16 GANESE METAL ELECTROLYTIC.

17 (a) PREFERENCE FOR DOMESTIC UPGRADING.—In of18 fering to enter into agreements pursuant to any provision

19 of law for the disposal from the National Defense Stockpile

20 of chromite and manganese ores of metallurgical grade or

21 chromium ferro and manganese metal electrolytic, the

22 President shall give a right of first refusal on all such offers

23 to domestic ferroalloy upgraders.

24 (b) DOMESTIC FERROALLOY UPGRADER DEFINED.—

25 For purposes of this section, the term ‘‘domestic ferroalloy
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1 upgrader’’ means a company or other business entity that,

2 as determined by the President—

3 (1) is engaged in (or is capable of engaging in)

4 operations to upgrade chromite or manganese ores of

5 metallurgical grade or chromium ferro and man6 ganese metal electrolytic; and

7 (2) conducts a significant level of its research,

8 development, engineering, and upgrading operations

9 in the United States.

10 (c) NATIONAL DEFENSE STOCKPILE DEFINED.—For

11 purposes of this section, the term ‘‘National Defense Stock12 pile’’ means the stockpile provided for in section 4 of the

13 Strategic and Critical Materials Stock Piling Act (50

14 U.S.C. 98c).

15 SEC. 3303. RESTRICTIONS ON DISPOSAL OF MANGANESE

16 FERRO.

17 (a) DISPOSAL OF LOWER GRADE MATERIAL FIRST.—

18 The President may not dispose of high carbon manganese

19 ferro in the National Defense Stockpile that meets the Na20 tional Defense Stockpile classification of Grade One, Speci21 fication 30(a), as revised on May 22, 1992, until completing

22 the disposal of all manganese ferro in the National Defense

23 Stockpile that does not meet such classification. The Presi24 dent may not reclassify manganese ferro in the National

25 Defense Stockpile after the date of the enactment of this Act.
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1 (b) REQUIREMENT FOR DOMESTIC UPGRADING.—

2 Manganese ferro in the National Defense Stockpile that does

3 not meet the classification specified in subsection (a) shall

4 only be sold for domestic remelting in a submerged arc

5 ferromanganese furnace.

6 (c) NATIONAL DEFENSE STOCKPILE DEFINED.—For

7 purposes of this section, the term ‘‘National Defense Stock8 pile’’ means the stockpile provided for in section 4 of the

9 Strategic and Critical Materials Stock Piling Act (50

10 U.S.C. 98c).

11 SEC. 3304. TITANIUM INITIATIVE TO SUPPORT BATTLE

12 TANK UPGRADE PROGRAM.

13 (a) TRANSFER OF TITANIUM.—During each of the fis14 cal years 1996 through 2003, the Secretary of Defense shall

15 transfer from stocks of the National Defense Stockpile up

16 to 250 short tons of titanium sponge to the Secretary of

17 the Army for use in the weight reduction portion of the

18 main battle tank upgrade program. Transfers under this

19 section shall be without charge to the Army, except that the

20 Secretary of the Army shall pay all transportation and re21 lated costs incurred in connection with the transfer.

22 (b) NATIONAL DEFENSE STOCKPILE DEFINED.—For

23 purposes of this section, the term ‘‘National Defense Stock24 pile’’ means the stockpile provided for in section 4 of the
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1 Strategic and Critical Materials Stock Piling Act (50

2 U.S.C. 98c).

3 TITLE XXXIV—NAVAL

4 PETROLEUM RESERVES

5 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

6 There is hereby authorized to be appropriated to the

7 Secretary of Energy $101,028,000 for fiscal year 1996 for

8 the purpose of carrying out activities under chapter 641

9 of title 10, United States Code, relating to the naval petro10 leum reserves (as defined in section 7420(2) of such title).

11 Funds appropriated pursuant to such authorization shall

12 remain available until expended.

13 SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE14 TROLEUM DURING FISCAL YEAR 1996.

15 Notwithstanding section 7430(b)(2) of title 10, United

16 States Code, during fiscal year 1996, any sale of any part

17 of the United States share of petroleum produced from

18 Naval Petroleum Reserves Numbered 1, 2, and 3 shall be

19 made at a price not less than 90 percent of the current sales

20 price, as estimated by the Secretary of Energy, of com21 parable petroleum in the same area.
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1 SEC. 3403. SALE OF NAVAL PETROLEUM RESERVE NUM2 BERED 1 (ELK HILLS).

3 (a) SALE OF ELK HILLS UNIT REQUIRED.—Chapter

4 641 of title 10, United States Code, is amended by inserting

5 after section 7421 the following new section:

6 ‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered

7 1 (Elk Hills)

8 ‘‘(a) SALE REQUIRED.—(1) Notwithstanding any

9 other provision of this chapter, the Secretary shall sell all

10 right, title, and interest of the United States in and to lands

11 owned or controlled by the United States inside Naval Pe12 troleum Reserve Numbered 1, commonly referred to as the

13 Elk Hills Unit, located in Kern County, California, and

14 established by Executive order of the President, dated Sep15 tember 2, 1912. Within one year after the effective date, the

16 Secretary shall enter into one or more contracts for the sale

17 of all of the interest of the United States in the reserve.

18 ‘‘(2) In this section:

19 ‘‘(A) The term ‘reserve’ means Naval Petroleum

20 Reserve Numbered 1.

21 ‘‘(B) The term ‘unit plan contract’ means the

22 unit plan contract between equity owners of the lands

23 within the boundaries of Naval Petroleum Reserve

24 Numbered 1 entered into on June 19, 1944.
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1 ‘‘(C) The term ‘effective date’ means the date of

2 the enactment of the National Defense Authorization

3 Act for Fiscal Year 1996.

4 ‘‘(b) EQUITY FINALIZATION.—(1) Not later than five

5 months after the effective date, the Secretary shall finalize

6 equity interests of the known oil and gas zones in Naval

7 Petroleum Reserve Numbered 1 in the manner provided by

8 this subsection.

9 ‘‘(2) The Secretary shall retain the services of an inde10 pendent petroleum engineer, mutually acceptable to the eq11 uity owners, who shall prepare a recommendation on final

12 equity figures. The Secretary may accept the recommenda13 tion of the independent petroleum engineer for final equity

14 in each known oil and gas zone and establish final equity

15 interest in the Naval Petroleum Reserve Numbered 1 in ac16 cordance with such recommendation, or the Secretary may

17 use such other method to establish final equity interest in

18 the reserve as the Secretary considers appropriate.

19 ‘‘(3) If, on the effective date, there is an ongoing equity

20 redetermination dispute between the equity owners under

21 section 9(b) of the unit plan contract, such dispute shall

22 be resolved in the manner provided in the unit plan con23 tract within five months after the effective date. Such reso24 lution shall be considered final for all purposes under this

25 section.
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1 ‘‘(c) TIMING AND ADMINISTRATION OF SALE.—(1) Not

2 later than two months after the effective date, the Secretary

3 shall retain the services of five independent experts in the

4 valuation of oil and gas fields to conduct separate assess5 ments, in a manner consistent with commercial practices,

6 of the fair market value of the interest of the United States

7 in Naval Petroleum Reserve Numbered 1. In making their

8 assessments, the independent experts shall consider (among

9 other factors) all equipment and facilities to be included

10 in the sale, the net present value of the reserve, and the

11 net present value of the anticipated revenue stream that the

12 Secretary determines the Treasury would receive from the

13 reserve if the reserve were not sold, adjusted for any antici14 pated increases in tax revenues that would result if the re15 serve were sold. The independent experts shall complete their

16 assessments within five months after the effective date. In

17 setting the minimum acceptable price for the reserve, the

18 Secretary shall consider the average of the five assessments

19 or, if more advantageous to the Government, the average

20 of three assessments after excluding the high and low assess21 ments.

22 ‘‘(2) Not later than two months after the effective date,

23 the Secretary shall retain the services of an investment

24 banker to independently administer, in a manner consistent

25 with commercial practices and in a manner that maximizes
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1 sale proceeds to the Government, the sale of Naval Petro2 leum Reserve Numbered 1 under this section.

3 ‘‘(3) Not later than five months after the effective date,

4 the sales administrator selected under paragraph (2) shall

5 complete a draft contract for the sale of Naval Petroleum

6 Reserve Numbered 1, which shall accompany the invitation

7 for bids and describe the terms and provisions of the sale

8 of the interest of the United States in the reserve. The draft

9 contract shall identify all equipment and facilities to be in10 cluded in the sale. The draft contract, including the terms

11 and provisions of the sale of the interest of the United States

12 in the reserve, shall be subject to review and approval by

13 the Secretary, the Secretary of the Treasury, and the Direc14 tor of the Office of Management and Budget.

15 ‘‘(4) Not later than six months after the effective date,

16 the Secretary shall publish an invitation for bids for the

17 purchase of the reserve.

18 ‘‘(5) Not later than nine months after the effective date,

19 the Secretary shall accept the highest responsible offer for

20 purchase of the interest of the United States in Naval Petro21 leum Reserve Numbered 1 that meets or exceeds the mini22 mum acceptable price determined under paragraph (1).

23 ‘‘(d) FUTURE LIABILITIES.—The United States shall

24 hold harmless and fully indemnify the purchaser of the in25 terest of the United States in Naval Petroleum Reserve
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1 Numbered 1 from and against any claim or liability as

2 a result of ownership in the reserve by the United States.

3 ‘‘(e) TREATMENT OF STATE OF CALIFORNIA CLAIM.—

4 After deducting the costs incurred to conduct the sale of

5 Naval Petroleum Reserve Numbered 1 under this section,

6 seven percent of the remaining proceeds from the sale of the

7 reserve shall be paid to the State of California, subject to

8 the conditions that—

9 ‘‘(1) the State credit the payment to the Supple10 mental Benefits Maintenance Account within the

11 Teachers’ Retirement Fund; and

12 ‘‘(2) all claims against the United States by the

13 State and the Teachers’ Retirement Fund are released

14 with respect to production and proceeds of sale from

15 the reserve.

16 ‘‘(f) PRODUCTION ALLOCATION FOR SALE.—(1) As

17 part of the contract for purchase of Naval Petroleum Re18 serve Numbered 1, the purchaser of the interest of the United

19 States in the reserve shall agree to make up to 25 percent

20 of the purchaser’s share of annual petroleum production

21 from the purchased lands available for sale to small refiners,

22 which do not have their own adequate sources of supply of

23 petroleum, for processing or use only in their own refineries.

24 None of the reserved production sold to small refiners may

25 be resold in kind. The purchaser of the reserve may reduce
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1 the quantity of petroleum reserved under this subsection in

2 the event of an insufficient number of qualified bids. The

3 seller of this petroleum production has the right to refuse

4 bids that are less than the prevailing market price of com5 parable oil.

6 ‘‘(2) The purchaser of the reserve shall also agree to

7 ensure that the terms of every sale of the purchaser’s share

8 of annual petroleum production from the purchased lands

9 shall be so structured as to give full and equal opportunity

10 for the acquisition of petroleum by all interested persons,

11 including major and independent oil producers and refiners

12 alike.

13 ‘‘(g) MAINTAINING ELK HILLS UNIT PRODUCTION.—

14 Until the sale of Naval Petroleum Reserve Numbered 1 is

15 completed under this section, the Secretary shall continue

16 to produce the reserve at the maximum daily oil or gas rate

17 from a reservoir, which will permit maximum economic de18 velopment of the reservoir consistent with sound oil field

19 engineering practices in accordance with section 3 of the

20 unit plan contract. The definition of maximum efficient

21 rate in section 7420(6) of this title shall not apply to the

22 reserve.

23 ‘‘(h) EFFECT ON EXISTING CONTRACTS.—(1) In the

24 case of any contract, in effect on the effective date, for the

25 purchase of production from any part of the United States’
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1 share of Naval Petroleum Reserve Numbered 1, the sale of

2 the interest of the United States in the reserve shall be sub3 ject to the contract for a period of three months after the

4 closing date of the sale or until termination of the contract,

5 whichever occurs first. The term of any contract entered

6 into after the effective date for the purchase of such produc7 tion shall not exceed the anticipated closing date for the

8 sale of the reserve.

9 ‘‘(2) The Secretary shall exercise the termination pro10 cedures provided in the contract between the United States

11 and Bechtel Petroleum Operation, Inc., Contract Number

12 DE–ACO1–85FE60520 so that the contract terminates not

13 later than the date of closing of the sale of Naval Petroleum

14 Reserve Numbered 1 under subsection (c).

15 ‘‘(3) The Secretary shall exercise the termination pro16 cedures provided in the unit plan contract so that the unit

17 plan contract terminates not later than the date of closing

18 of the sale of reserve under subsection (c).

19 ‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in this

20 section shall be construed to alter the application of the

21 antitrust laws of the United States to the purchaser of

22 Naval Petroleum Reserve Numbered 1 or to the lands in

23 the reserve subject to sale under this section upon the com24 pletion of the sale.
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1 ‘‘(j) PRESERVATION OF PRIVATE RIGHT, TITLE, AND

2 INTEREST.—Nothing in this section shall be construed to

3 adversely affect the ownership interest of any other entity

4 having any right, title, and interest in and to lands within

5 the boundaries of Naval Petroleum Reserve Numbered 1 and

6 which are subject to the unit plan contract.

7 ‘‘(k) CONGRESSIONAL NOTIFICATION.—Section 7431 of

8 this title shall not apply to the sale of Naval Petroleum

9 Reserve Numbered 1 under this section. However, the Sec10 retary may not enter into a contract for the sale of the re11 serve until the end of the 31-day period beginning on the

12 date on which the Secretary notifies the Committee on

13 Armed Services of the Senate and the Committee on Na14 tional Security and the Committee on Commerce of the

15 House of Representatives of the proposed sale.’’.

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

17 the beginning of such chapter is amended by inserting after

18 the item relating to section 7421 the following new item:

‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.

19 SEC. 3404. STUDY REGARDING FUTURE OF NAVAL PETRO20 LEUM RESERVES (OTHER THAN NAVAL PE21 TROLEUM RESERVE NUMBERED 1).

22 (a) STUDY REQUIRED.—The Secretary of Energy shall

23 conduct a study to determine which of the following options

24 regarding the naval petroleum reserves represents the most

25 cost-effective option for the United States:
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1 (1) Retention and operation of the naval petro2 leum reserves by the Secretary under chapter 641 of

3 title 10, United States Code.

4 (2) Transfer of all or a part of the naval petro5 leum reserves to the jurisdiction of another Federal

6 agency.

7 (3) Lease of the naval petroleum reserves.

8 (4) Sale of the interest of the United States in

9 the naval petroleum reserves.

10 (b) CONDUCT OF STUDY.—The Secretary shall retain

11 an independent petroleum consultant to conduct the study.

12 (c) CONSIDERATIONS UNDER STUDY.—An examina13 tion of the benefits to be derived by the United States from

14 the sale of the naval petroleum reserves shall include an

15 assessment and estimate, in a manner consistent with com16 mercial practices, of the fair market value of the interest

17 of the United States in the naval petroleum reserves. An

18 examination of the benefits to be derived by the United

19 States from the lease of the naval petroleum reserves shall

20 consider full exploration, development, and production of

21 petroleum products in the naval petroleum reserves, with

22 a royalty payment to the United States.

23 (d) REPORT REGARDING STUDY.—Not later than De24 cember 31, 1995, the Secretary shall submit to Congress a

25 report describing the results of the study and containing
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1 such recommendations as the Secretary considers necessary

2 to implement the most cost-effective option identified in the

3 study.

4 (e) NAVAL PETROLEUM RESERVES DEFINED.—For

5 purposes of this section, the term ‘‘naval petroleum re6 serves’’ has the meaning given that term in section 7420(2)

7 of title 10, United States Code, except that such term does

8 not include Naval Petroleum Reserve Numbered 1.

9 TITLE XXXV—PANAMA CANAL

10 COMMISSION

11 Subtitle A—Authorization of

12 Appropriations

13 SEC. 3501. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Panama Canal

15 Commission Authorization Act for Fiscal Year 1996’’.

16 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

17 (a) IN GENERAL.—Subject to subsection (b), the Pan18 ama Canal Commission is authorized to make such expend19 itures within the limits of funds and borrowing authority

20 available to it in accordance with law, and to make such

21 contracts and commitments without regard to fiscal year

22 limitations, as may be necessary under the Panama Canal

23 Act of 1979 (22 U.S.C. 3601 et seq.) for the operation,

24 maintenance, and improvement of the Panama Canal for

25 fiscal year 1996.
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1 (b) LIMITATIONS.—For fiscal year 1996, the Panama

2 Canal Commission may expend from funds in the Panama

3 Canal Revolving Fund not more than $50,741,000 for ad4 ministrative expenses, of which not more than—

5 (1) $11,000 may be used for official reception

6 and representation expenses of the Supervisory Board

7 of the Commission;

8 (2) $5,000 may be used for official reception and

9 representation expenses of the Secretary of the Com10 mission; and

11 (3) $30,000 may be used for official reception

12 and representation expenses of the Administrator of

13 the Commission.

14 (c) REPLACEMENT VEHICLES.—Funds available to the

15 Panama Canal Commission shall be available for the pur16 chase of not to exceed 38 passenger motor vehicles built in

17 the United States (including large heavy-duty vehicles to

18 be used to transport Commission personnel across the isth19 mus of Panama). A vehicle may be purchased with such

20 funds only as necessary to replace another passenger motor

21 vehicle of the Commission.

22 SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER

23 LAWS.

24 Expenditures authorized under this subtitle may be

25 made only in accordance with the Panama Canal Treaties
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1 of 1977 and any law of the United States implementing

2 those treaties.

3 Subtitle B—Reconstitution of Com4 mission as Government Corpora5 tion

6 SEC. 3521. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Panama Canal

8 Amendments Act of 1995’’.

9 SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERN10 MENT CORPORATION.

11 Section 1101 of the Panama Canal Act of 1979 (22

12 U.S.C. 3611) is amended to read as follows:

13 ‘‘ESTABLISHMENT, PURPOSES, OFFICES, AND RESIDENCE

14 OF THE COMMISSION

15 ‘‘SEC. 1101. (a) For the purposes of managing, operat16 ing, and maintaining the Panama Canal and its com17 plementary works, installations and equipment, and of con18 ducting operations incident thereto, in accordance with the

19 Panama Canal Treaty of 1977 and related agreements, the

20 Panama Canal Commission (hereinafter in this Act re21 ferred to as the ‘Commission’) is established as a wholly

22 owned government corporation (as that term is used in

23 chapter 91 of title 31, United States Code) within the execu24 tive branch of the Government of the United States. The

25 authority of the President with respect to the Commission

26 shall be exercised through the Secretary of Defense.
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1 ‘‘(b) The principal office of the Commission shall be

2 located in the Republic of Panama in one of the areas made

3 available for use of the United States under the Panama

4 Canal Treaty of 1977 and related agreements, but the Com5 mission may establish branch offices in such other places

6 as it deems necessary or appropriate for the conduct of its

7 business. Within the meaning of the laws of the United

8 States relating to venue in civil actions, the Commission

9 is an inhabitant and resident of the District of Columbia

10 and the eastern judicial district of Louisiana.’’.

11 SEC. 3523. SUPERVISORY BOARD.

12 Section 1102 of the Panama Canal Act of 1979 (22

13 U.S.C. 3612) is amended by striking so much as precedes

14 subsection (b) and inserting the following:

15 ‘‘SUPERVISORY BOARD

16 ‘‘SEC. 1102. (a) The Commission shall be supervised

17 by a Board composed of nine members, one of whom shall

18 be the Secretary of Defense or an officer of the Department

19 of Defense designated by the Secretary. Not less than five

20 members of the Board shall be nationals of the United

21 States and the remaining members of the Board shall be

22 nationals of the Republic of Panama. Three members of the

23 Board who are nationals of the United States shall hold

24 no other office in, and shall not be employed by, the Govern25 ment of the United States, and shall be chosen for the inde26 pendent perspective they can bring to the Commission’s af-
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1 fairs. Members of the Board who are nationals of the United

2 States shall cast their votes as directed by the Secretary

3 of Defense or a designee of the Secretary of Defense.’’.

4 SEC. 3524. INTERNATIONAL ADVISORS.

5 Section 1102 of the Panama Canal Act of 1979 (22

6 U.S.C. 3612) is amended by adding at the end the following

7 new subsection:

8 ‘‘(d)(1) In order to enhance the prestige of the Commis9 sion in the world shipping community and allow for the

10 exchange of varied perspectives between the Board and dis11 tinguished international guests in the important delibera12 tions of the Commission, the Government of the United

13 States and the Republic of Panama may each invite to at14 tend meetings of the Board, as a designated international

15 advisor to the Board, one individual chosen for the inde16 pendent perspective that individual can bring to the Com17 mission’s affairs, and who—

18 ‘‘(A) is not a citizen of Panama;

19 ‘‘(B) does not represent any user or customer of

20 the Panama Canal, or any particular interest group

21 or nation; and

22 ‘‘(C) does not have any financial interest which

23 could constitute an actual or apparent conflict with

24 regard to the relationship of the individual with the

25 Board of the Commission.
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1 ‘‘(2) Such designated international advisors may be

2 compensated by the Commission in the same manner and

3 under the same circumstances as apply under subsection

4 (b) with regard to members of the Board. Such designated

5 international advisors shall have no vote on matters pend6 ing before the Board.’’.

7 SEC. 3525. GENERAL AND SPECIFIC POWERS OF COMMIS8 SION.

9 The Panama Canal Act of 1979 (22 U.S.C. 3601 et

10 seq.) is amended by inserting after section 1102 the follow11 ing new sections:

12 ‘‘GENERAL POWERS OF THE COMMISSION

13 ‘‘SEC. 1102a. (a) The Commission, subject to the Pan14 ama Canal Treaty of 1977 and related agreements, and to

15 chapter 91 of title 31, United States Code, popularly known

16 as the Government Corporation Control Act—

17 ‘‘(1) may adopt, alter, and use a corporate seal,

18 which shall be judicially noticed;

19 ‘‘(2) may by action of the Board of Directors

20 adopt, amend, and repeal bylaws governing the con21 duct of its general business and the performance of the

22 powers and duties granted to or imposed upon it by

23 law;

24 ‘‘(3) may sue and be sued in its corporate name,

25 except that—
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1 ‘‘(A) its amenability to suit is limited by

2 Article VIII of the Panama Canal Treaty of

3 1977, section 1401 of this Act, and otherwise by

4 law;

5 ‘‘(B) an attachment, garnishment, or simi6 lar process may not be issued against salaries or

7 other moneys owed by the Commission to its em8 ployees except as provided by section 5520a of

9 title 5, United States Code, and section 459, 461,

10 and 462 of the Social Security Act (42 U.S.C.

11 659, 661, 662), or as otherwise specifically au12 thorized by the laws of the United States; and

13 ‘‘(C) it is exempt from the payment of in14 terest on claims and judgments;

15 ‘‘(4) may enter into contracts, leases, agreements,

16 or other transactions; and

17 ‘‘(5) may determine the character of, and neces18 sity for, its obligations and expenditures and the

19 manner in which they shall be incurred, allowed, and

20 paid, and may incur, allow, and pay them, subject to

21 pertinent provisions of law generally applicable to

22 Government corporations.

23 ‘‘(b) The Commission shall have the priority of the

24 Government of the United States in the payment of debts

25 out of bankrupt estates.
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1 ‘‘SPECIFIC POWERS OF COMMISSION

2 ‘‘SEC. 1102b. (a) Subject to the Panama Canal Treaty

3 of 1977 and related agreements, and to chapter 91 of title

4 31, United States Code, popularly known as the Govern5 ment Corporation Control Act, the Commission may—

6 ‘‘(1) manage, operate, and maintain the Pan7 ama Canal;

8 ‘‘(2) construct or acquire, establish, maintain,

9 and operate docks, wharves, piers, shoreline facilities,

10 shops, yards, marine railways, salvage and towing fa11 cilities, fuel-handling facilities, motor transportation

12 facilities, power systems, water systems, a telephone

13 system, construction facilities, living quarters and

14 other buildings, warehouses, storehouses, a printing

15 plant, and manufacturing, processing, or service fa16 cilities in connection therewith, recreational facilities,

17 and other activities, facilities, and appurtenances

18 necessary and appropriate for the accomplishment of

19 the purposes of this Act;

20 ‘‘(3) use the United States mails in the same

21 manner and under the same conditions as the execu22 tive departments of the Federal Government; and

23 ‘‘(4) take such actions as are necessary or appro24 priate to carry out the powers specifically conferred

25 upon it.’’.
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1 SEC. 3526. CONGRESSIONAL REVIEW OF BUDGET.

2 Section 1302 of the Panama Canal Act of 1979 (22

3 U.S.C. 3712) is amended—

4 (1) in subsection (c)(1) by striking ‘‘and subject

5 to paragraph (2)’’;

6 (2) by striking paragraph (2);

7 (3) by redesignating paragraph (3) as para8 graph (2); and

9 (4) by amending subsection (e) to read as fol10 lows:

11 ‘‘(e) In accordance with section 9104 of title 31, United

12 States Code, the Congress shall review the annual budget

13 of the Commission.’’.

14 SEC. 3527. AUDITS.

15 Section 1313 of the Panama Canal Act of 1979 (22

16 U.S.C. 3723) is amended—

17 (1) by striking the heading for the section and

18 inserting the following:

19 ‘‘AUDITS’’;

20 (2) in subsection (a) by striking ‘‘Financial

21 transactions’’ and inserting ‘‘Subject to subsection

22 (d), financial transactions’’;

23 (3) in subsection (b) in the first sentence by

24 striking ‘‘The Comptroller General’’ and inserting

25 ‘‘Subject to subsection (d), the Comptroller General’’;

26 and
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1 (4) by adding at the end the following new sub2 sections:

3 ‘‘(d) At the discretion of the Board provided for in sec4 tion 1102, the Commission may hire independent auditors

5 to perform, in lieu of the Comptroller General, the audit

6 and reporting functions prescribed in subsections (a) and

7 (b).

8 ‘‘(e) In addition to auditing the financial statements

9 of the Commission, the independent auditor shall, in ac10 cordance with standards for an examination of a financial

11 forecast established by the American Institute of Certified

12 Public Accountants, examine and report on the Commis13 sion’s financial forecast that it will be in a position to meet

14 its financial liabilities on December 31, 1999.’’.

15 SEC. 3528. PRESCRIPTION OF MEASUREMENT RULES AND

16 RATES OF TOLLS.

17 Section 1601 of the Panama Canal Act of 1979 (22

18 U.S.C. 3791) is amended to read as follows:

19 ‘‘PRESCRIPTION OF MEASUREMENT RULES AND RATES OF

20 TOLLS

21 ‘‘SEC. 1601. The Commission may, subject to the pro22 visions of this Act, prescribe and from time to time

23 change—

24 ‘‘(1) the rules for the measurement of vessels for

25 the Panama Canal; and
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1 ‘‘(2) the tolls that shall be levied for use of the

2 Panama Canal.’’.

3 SEC. 3529. PROCEDURES FOR CHANGES IN RULES OF MEAS4 UREMENT AND RATES OF TOLLS.

5 Section 1604 of the Panama Canal Act of 1979 (22

6 U.S.C. 3794) is amended—

7 (1) in subsection (a) in the first sentence by

8 striking ‘‘1601(a)’’ and inserting ‘‘1601’’;

9 (2) by amending subsection (c) to read as fol10 lows:

11 ‘‘(c) After the proceedings have been conducted pursu12 ant to subsections (a) and (b) of this section, the Commis13 sion may change the rules of measurement or rates of tolls,

14 as the case may be. The Commission shall, however, publish

15 notice of such change in the Federal Register not less than

16 30 days before the effective date of the change.’’; and

17 (3) by striking subsections (d) and (e) and redes18 ignating subsection (f) as subsection (d).

19 SEC. 3530. MISCELLANEOUS TECHNICAL AMENDMENTS.

20 The Panama Canal Act of 1979 is amended—

21 (1) in section 1205 (22 U.S.C. 3645) in the last

22 sentence by striking ‘‘appropriation’’ and inserting

23 ‘‘fund’’;
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1 (2) in section 1303 (22 U.S.C. 3713) by striking

2 ‘‘The authority of this section may not be used for ad3 ministrative expenses.’’;

4 (3) in section 1321(d) (22 U.S.C. 3731(d)) in the

5 second sentence by striking ‘‘appropriations or’’;

6 (4) in section 1401(c) (22 U.S.C. 3761(c)) by

7 striking ‘‘appropriated for or’’;

8 (5) in section 1415 (22 U.S.C. 3775) by striking

9 ‘‘appropriated or’’; and

10 (6) in section 1416 (22 U.S.C. 3776) in the third

11 sentence by striking ‘‘appropriated or’’.

12 SEC. 3531. CONFORMING AMENDMENT TO TITLE 31, UNITED

13 STATES CODE.

14 Section 9101(3) of title 31, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(P) the Panama Canal Commission.’’.

Amend the title so as to read: ‘‘A bill 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.’’.