II

104TH CONGRESS

2D SESSION S. 1673

To authorize appropriations for fiscal year 1997 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1997, to authorize certain construction at military installations for fiscal year 1997, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 16, 1996

Mr. THURMOND (for himself and Mr. NUNN) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal year 1997 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1997, to authorize certain construction at military installations for

fiscal year 1997, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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Sec. 1. Table of contents.

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. Defense Inspector General.

Sec. 106. Defense Health program.

Sec. 107. Chemical demilitarization program.

Subtitle B—Other Matters

Sec. 110. Clarification of waiver provision for F–15 aircraft program.

Sec. 111. Increase in the definitional amounts for major systems for Department of Defense procurement.

Sec. 112. Notice to contractors and employees for employment services upon

notification of actual termination or substantial reduction in

contracts under major defense programs.

Sec. 113. Authorizes revisions to improve the acquisition reporting process for

major defense acquisition programs.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of Appropriations.

Sec. 202. Live-fire survivability testing of V–22 aircraft.

Sec. 203. Live-fire survivability testing of F–22 aircraft.

Sec. 204. Research activities of the Defense Advanced Research Projects

Agency.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Subtitle B—Other Matters

Sec. 310. Remedies for contractor employee whistleblowers.

Sec. 311. Repeal of requirement for physical examination on calling militia into

Federal service.

Sec. 312. Training of military personnel at non-government facilities.

Sec. 313. Sale of Clean Air Act emission reduction credits, allowances, offsets,

or comparable economic incentives.

Sec. 314. Defense Business Operations Fund amendment.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Excluding certain Reserve component members on active duty for 181

days or more from active component end strengths.

Subtitle B—Reserve Forces
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Sec. 411. End strengths for Selected Reserve.

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

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Matters Relating to Reserve Components

Sec. 501. Discharge or retirement for years of service or after selection for

early removal.

Sec. 502. Appointment above O–2 in the United States Naval Reserve.

Sec. 503. Test program on unlimited use of commissary stores by eligible reservists.

Sec. 504. Active duty retirement sanctuary for reservists.

Sec. 505. Change in time for award of degree to be considered to meet the Selected Reserve officer education requirement.

Sec. 506. Clarification of limitation on furnishing clothing or allowances for enlisted National Guard technicians.

Sec. 507. Use of active Guard and Reserve personnel in composite active and

reserve component activities and in activities and functions assigned to a reserve component organization.

Subtitle B—Officer Education Programs

Sec. 510. Extension of age requirements for appointment as a cadet or midshipman in the Senior Reserve Officers’ Training Corps and

the military department service academies.

Sec. 511. Expansion of Senior Reserve Officer Training Corps advanced training program to include graduate students.

Subtitle C—Other Matters

Sec. 515. Clarifying definition of active status.

Sec. 516. Chief warrant officer promotions.

Sec. 517. Revisions to missing persons authorities.

Sec. 518. Authority for the temporary promotions of certain Navy lieutenants.

Sec. 519. Extension in the delayed entry program of up to 180 days for meritorious cases.

Sec. 520. Amendment authorizing senior enlisted members of the Armed Forces

to reenlist for an indefinite period of time.

Sec. 521. Exchange of personnel of the Department of Defense with foreign defense departments or ministeries.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Restriction on entitlement to basic allowance for quarters for reserve

component members.

Sec. 603. Continuous BAQ/VHA for single members who PCS to deployed unit;

authorization to quarters ashore (either adequate or inadequate), or basic allowance for quarters for E–5 members,

without dependents, assigned to sea duty; and BAQ/VHA for

shipboard military couples.

Sec. 604. Adjustments in cadet and midshipmen pay.

Subtitle B—Extension on Bonuses and Special Pays
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Sec. 605. Extension of authority relating to payment of other bonuses and special pays.

Sec. 606. Extension of certain bonuses for Reserve forces.

Sec. 607. Extension and modification of certain bonuses and special pay for

nurse officer candidates, registered nurses, and nurse anesthetists.

Subtitle C—Travel and Transportation Allowances

Sec. 610. Round-trip travel allowances for shipping motor vehicles at Government expense.

Sec. 611. Authority to reimburse Department of Defense domestic dependent

school-board members for certain programs and activities.

Sec. 612. Storage of a motor vehicle in lieu of transportation.

Sec. 613. Repeal of prohibition on payment of lodging expenses when adequate

Government quarters are available.

Subtitle D—Retired Pay, Survivor Benefits, and Related Matters

Sec. 615. Effective date for military retiree cost-of-living adjustment for fiscal

year 1998.

Sec. 616. Clarifying use of military morale, welfare, and recreation facilities by

retired reservists.

Sec. 617. Authorization for survivors of members of the uniformed services to

receive a payment upon death of a member for all accrued

leave.

Subtitle E—Other Matters

Sec. 620. Disability coverage for officers granted excess leave for educational

purposes.

Sec. 621. Amendments to the Uniformed Services Former Spouses’ Protection

Act.

Sec. 622. Program improvements: Troops to Teachers Program.

Sec. 623. Travel and transportation allowances: travel performed in connection

with leave between consecutive overseas tours.

Sec. 624. Pay and allowances for overseas duty of Department of Defense civilian employees.

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Technical revision to CHAMPUS payment limits for TRICARE

prime enrollees.

Sec. 702. Alternative to active duty service obligation under Health Professions

Scholarship and Financial Assistance Program.

Sec. 703. Exception to strength limitations for Public Health Service officers

assigned to the Department of Defense.

Sec. 704. Repeal of the statutory restriction on use of funds for abortions.

Sec. 705. Medical and dental care for Reserve component members in a duty

status.

Sec. 706. Improved death and disability benefits for reservists.

TITLE VIII—ACQUISITION AND RELATED MATTERS

Sec. 801. Repeal of procurement technical assistance cooperative agreement

program.
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Sec. 802. Clarification of authority for requisitioning and lease of General Services vehicles for the National Guard.

Sec. 803. Extension of pilot mentor program.

Sec. 804. Extension and revision of authority to enter into prototype projects.

Sec. 805. Repeal of reporting requirement regarding research projects and infusion of confidentiality requirement to protect proprietary data.

Sec. 806. Authority for payments from canceled account for shipbuilding and

conversion to be made from prior years account.

Sec. 807. Reliance on the private sector for supplies and services.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—General Matters

Sec. 901. Change in name of North American Air Defense Command.

Sec. 902. Amendment to board membership of the Ammunition Storage Board.

Sec. 903. Amendment to the Foreign Trade Zones Act to remove the Secretary

of the Army from membership on the Foreign Trade Zone

Board and for other purposes.

Subtitle B—Financial Management

Sec. 910. Devolution of environmental restoration transfer accounts to the military departments.

Sec. 911. Recruiting functions: use of funds.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Repeal of requirement for separate budget request for procurement

of Reserve equipment.

Sec. 1002. Acceptance of services for Defense purpose (Defense cooperation account).

Sec. 1003. Transfer of wildlife conservation fees from closed military installations.

Sec. 1004. Department of Defense Disbursing official check cashing and exchange transactions.

Sec. 1005. Disposition of certain assets arising out of the sale of certain assets

at closed military installations.

Subtitle B—Civilian Personnel

Sec. 1010. Civilian Faculty Members at Certain Department of Defense

Schools: Employment and Compensation.

Sec. 1011. Employment and compensation provisions for faculty members and

leadership of the Asia-Pacific Center for Security Studies.

Sec. 1012. Excepted appointment of judicial non-attorney staff in the United

States Court of Appeals for the Armed Forces.

Sec. 1013. Conversion of military positions.

Subtitle C—Miscellaneous Reporting Requirements

Sec. 1020. National Guard and Reserve component equipment: annual report to

Congress.

Sec. 1021. Annual report on strategic defense initiative.

Sec. 1022. Repeal of report on contractor reimbursement costs.
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Sec. 1023. Repeal of notice requirements for substantially or seriously affected

parties in downsizing efforts.

Subtitle D—Matters Relating to Other Nations

Sec. 1025. Authorization for execution of Department of Defense demining program.

Subtitle E—Other Matters

Sec. 1030. National defense technology and industrial base, defense reinvestment, and defense conversion.

Sec. 1031. Restoration of authority for certain intragovernment transfers in the

base closure and realignment process.

Sec. 1032. Conveyance of Primate Research Complex and Air Force owned

chimpanzees.

Sec. 1033. Chemical demilitarization citizens advisory commissions.

Sec. 1034. Transfer of excess personal property to support law enforcement

agencies.

Sec. 1035. Authority of a Reserve Judge Advocate or law specialist to act as

a notary public.

Sec. 1036. Control of transportation systems in time of war.

Sec. 1037. To clarify that the soldiers’ and sailors’ Civil Relief Act does not

toll the period of limitations for filing claims for corrections of

military records.

Sec. 1038. Redesignation of Office of Naval Records and History Gift Fund to

Naval Historical Center Fund.

Sec. 1039. George C. Marshall European Center for Strategic Security Studies:

relations with other nations.

Sec. 1040. Transfer of lands related to Arlington National Cemetery.

Sec. 1041. Transportation by commissaries and exchanges to overseas locations.

Sec. 1042. Cooperative agreements for the management of cultural resources.

Sec. 1043. Medal of Honor for African American soldiers who served in World

War II.

Sec. 1044. Presidential inauguration assistance.

Sec. 1045. To withdraw and reserve certain public lands in the State of California utilized in the mission of the Naval Air Facility, El Centro,

California

1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

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

7 (1) For aircraft, $970,815,000.

8 (2) For missiles, $766,329,000.
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1 (3) For weapons and tracked combat vehicles,

2 $1,102,014,000.

3 (4) For ammunition, $853,428,000.

4 (5) For other procurement, $2,627,440,000.

5 SEC. 102. NAVY AND MARINE CORPS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for procurement for the Navy as follows:

8 (1) For aircraft, $5,881,952,000.

9 (2) For weapons, including missiles and tor10 pedoes, $1,400,363,000.

11 (3) For shipbuilding and conversion,

12 $4,911,930,000.

13 (4) For other procurement, $2,714,195,000.

14 Funds are hereby authorized to be appropriated for fiscal

15 year 1997 for procurement for the Marine Corps in the

16 amount of $555,507,000.

17 SEC. 103. AIR FORCE.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 1997 for procurement for the Air Force as fol20 lows:

21 (1) For aircraft, $5,779,228,000.

22 (2) For missiles, $2,733,877,000.

23 (3) For other procurement, $5,998,819,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1997 for defense-wide procurement in the

4 amount of $1,814,212,000.

5 SEC. 105. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for the procurement for the Defense In8 spector General in the amount of $2,000,000.

9 SEC. 106. DEFENSE HEALTH PROGRAM.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1997 for the Department of Defense for pro12 curement for carrying out health care programs, projects,

13 and activities of the Department of Defense in the total

14 amount of $269,470,000.

15 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

16 There is hereby authorized to be appropriated for fis17 cal year 1997 in the amount of $799,847,000 for—

18 (1) the destruction of lethal chemical weapons

19 in accordance with section 1412 of the Department

20 of Defense Authorization Act, 1986 (50 U.S.C.

21 1521), and

22 (2) the destruction of chemical warfare material

23 of the United States that is not covered by section

24 1412 of such Act.
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1 Subtitle B—Other Matters

2 SEC. 110. CLARIFICATION OF WAIVER PROVISION FOR F–15

3 AIRCRAFT PROGRAM.

4 The prohibition in section 134(a)(2) of the National

5 Defense Authorization Act for Fiscal Years 1990 and

6 1991 (Public Law 101–189; 103 Stat. 1383) does not

7 apply to the obligation of funds appropriated by the De8 partment of Defense Appropriations Act, 1996 (Public

9 Law 104–61; 109 Stat. 636) under the heading ‘‘Aircraft

10 Procurement, Air Force’’ and authorized by the National

11 Defense Authorization Act for Fiscal Year 1996 (Public

12 Law 104–106; 110 Stat. 186) for F–15E aircraft or to

13 any appropriation or authorization for the Department of

14 Defense for fiscal year 1997.

15 SEC. 111. INCREASE IN THE DEFINITIONAL AMOUNTS FOR

16 MAJOR SYSTEMS FOR DEPARTMENT OF DE17 FENSE PROCUREMENT.

18 Section 2302(5)(A) of title 10, United States Code,

19 is amended—

20 (1) by striking out ‘‘$75,000,000 (based on fis21 cal year 1980 constant dollars)’’ and inserting in

22 lieu thereof ‘‘$115,000,000 (based on fiscal year

23 1990 dollars)’’;

24 (2) by striking out ‘‘$300,000,000 (based on

25 fiscal year 1980 constant dollars)’’ and inserting in
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1 lieu thereof ‘‘$540,000,000 (based on fiscal year

2 1990 constant dollars)’’; and

3 (3) by adding to the end of section (5)(A),

4 ‘‘The Secretary of Defense may adjust the amounts

5 (and the base fiscal year) on the basis of Depart6 ment of Defense escalation rates; however, that ad7 justment shall not be effective until after the Sec8 retary transmits a written notification of the adjust9 ment to the Committee on Armed Services of the

10 Senate and Committee on National Security of the

11 House of Representatives.’’.

12 SEC. 112. NOTICE TO CONTRACTORS AND EMPLOYEES FOR

13 EMPLOYMENT SERVICES UPON NOTIFICA14 TION OF ACTUAL TERMINATION OR SUBSTAN15 TIAL REDUCTION IN CONTRACTS UNDER

16 MAJOR DEFENSE PROGRAMS.

17 Section 4471 of the Defense Conversion, Reinvest18 ment, and Transition Assistance Act of 1992 (Division D

19 of the National Defense Authorization Act for Fiscal Year

20 1993 (Public Law 102–484; 106 Stat. 2753;)) is amended

21 to read as follows:
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1 ‘‘SEC. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES

2 FOR EMPLOYMENT SERVICES UPON NOTIFI3 CATION OF ACTUAL TERMINATION OR SUB4 STANTIAL REDUCTION IN CONTRACTS

5 UNDER MAJOR DEFENSE PROGRAMS.

6 ‘‘(a) NOTICE REQUIREMENT AFTER ENACTMENT OF

7 APPROPRIATIONS ACT.—Each year, not later than 60

8 days after the date of the enactment of an Act appropriat9 ing funds for the military functions of the Department of

10 Defense, the Secretary of Defense, shall—

11 ‘‘(1) identify which contracts (if any) under

12 major defense programs of the Department of De13 fense will be terminated or substantially reduced as

14 a result of the funding levels provided in that Act;

15 and

16 ‘‘(2) ensure that notice of the termination of, or

17 substantial reduction in, that contract’s funding is

18 provided—

19 ‘‘(A) directly to each prime contractor of

20 an affected contract; and

21 ‘‘(B) directly to the Secretary of Labor.

22 ‘‘(b) NOTICE TO SUBCONTRACTORS.—Not later than

23 60 days after the date on which the prime contractor for

24 a major defense program receives notice under subsection

25 (a), the prime contractor shall—
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1 ‘‘(1) provide notice of that termination or sub2 stantial reduction to each first-tier subcontractor for

3 that prime contract for subcontracts in an amount

4 not less than $500,000; and

5 ‘‘(2) require that each subcontractor—

6 ‘‘(A) provide such notice to each of its sub7 contractors for subcontracts in an amount in

8 excess of $100,000; and

9 ‘‘(B) impose a similar notice and pass

10 through requirement to subcontractors in an

11 amount in excess of $100,000 at all tiers.

12 ‘‘(c) CONTRACTOR NOTICE TO EMPLOYEES AND

13 STATE DISLOCATED WORKER UNIT.—Not later than two

14 weeks after a defense contractor receives notice under sub15 section (a) or (b), as the case may be, the contractor shall

16 provide notice of such termination or substantial reduction

17 to—

18 ‘‘(1)(A) each representative of employees whose

19 work is directly related to the defense contract under

20 such major defense program and who are employed

21 by the defense contractor; or

22 ‘‘(B) if there is no such representative at that

23 time, each such employee; and

24 ‘‘(2) the State dislocated worker unit or office

25 described in section 311(b)(2) of the Job Training
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1 Partnership Act (29 U.S.C. 1661(b)(2)) and the

2 chief elected official of the unit of general local gov3 ernment within which the adverse effect may occur.

4 ‘‘(d) CONSTRUCTIVE NOTICE.—The notice of termi5 nation of, or substantial reduction in, a contract provided

6 under subsection (c)(1) to an employee of a contractor

7 shall have the same effect as a notice of termination to

8 such employee for the purposes of determining whether

9 such employee is eligible for training, adjustment assist10 ance, and employment services under section 325 or 325A

11 of the Job Training Partnership Act (29 U.S.C. 1662d,

12 1662d–1), except where the employer has specified that

13 the termination of, or substantial reduction in, the con14 tract is not likely to result in plant closure or mass layoff.

15 Any employee who received notice under the preceding

16 sentence shall only be eligible to receive services under sec17 tion 314(b) of such Act (29 U.S.C. 1661e(b)) and under

18 paragraphs (1) through (14), (16) and (18) of section

19 314(c) of such Act (29 U.S.C. 1661c(c)).

20 ‘‘(e) LOSS OF ELIGIBILITY.—An employee who re21 ceives notice of withdrawal or cancellation of either termi22 nation or substantial reduction in contract funding is not

23 eligible for training, adjustment assistance, and employ24 ment services under section 325 or 325A of the Job Train25 ing Partnership Act (29 U.S.C. 1622d, 1622d–1).
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1 ‘‘(f) DEFINITIONS.—For purposes of this section:

2 ‘‘(1) The term ‘major defense program’ means

3 a program that is carried out to produce or acquire

4 a major system (as defined in section 2302(5) of

5 title 10, United States Code.)

6 ‘‘(2) The terms ‘substantial reduction’ and

7 ‘substantially reduced’ with respect to a contract

8 under a major defense program, means a reduction

9 of 25 percent or more in the total dollar value of the

10 funds obligated by the contract.’’.

11 SEC. 113. AUTHORIZES REVISIONS TO IMPROVE THE AC12 QUISITION REPORTING PROCESS FOR MAJOR

13 DEFENSE ACQUISITION PROGRAMS.

14 Section 2432 of title 10, United States Code, is

15 amended—

16 (1) in subsection (c)(1)(B) by striking ‘‘pro17 gram acquisition unit cost’’ and inserting in lieu

18 thereof ‘‘procurement unit cost’’;

19 (2) in subsection (e) by striking subparagraph

20 (8) and redesignating subparagraph (9) as subpara21 graph (8), accordingly; and

22 (3) in subsection (h) by striking subparagraph

23 (2)(D) and by redesignating subparagraphs (E) and

24 (F) as subparagraphs (D) and (E), respectively.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1997 for the use of the Armed Forces for re7 search, development, test, and evaluation, as follows:

8 (1) For the Army, $4,320,640,000.

9 (2) For the Navy, $7,334,734,000.

10 (3) For the Air Force, $14,417,456,000.

11 (4) For Defense-wide research, development,

12 test, and evaluation, $8,672,842,000, of which—

13 (A) $252,038,000 is authorized for the ac14 tivities of the Director, Test and Evaluation;

15 and

16 (B) $21,968,000 is authorized for the Di17 rector of Operational Test and Evaluation.

18 SEC. 202. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR19 CRAFT.

20 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

21 Secretary of Defense may exercise the waiver authority in

22 section 2366(c) of title 10, United States Code, with re23 spect to the application of survivability testing to the V–

24 22 aircraft, notwithstanding that the program has entered

25 engineering and manufacturing development.
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1 (b) ALTERNATIVE SURVIVABILITY TEST REQUIRE2 MENTS.—The Secretary of Defense shall make available

3 a sufficient number of components critical to the surviv4 ability of the V–22 aircraft in realistic threat environ5 ments to conduct the alternative live-fire test program.

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

7 alternative live-fire testing program for the V–22 aircraft

8 system shall be made available from amounts appropriated

9 for the V–22 program.

10 SEC. 203. LIVE-FIRE SURVIVABILITY TESTING OF F–22

11 AIRCRAFT.

12 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

13 Secretary of Defense may exercise the waiver authority in

14 section 2366(c) of title 10, United States Code, with re15 spect to the application of the survivability tests of that

16 section to the F–22 aircraft, notwithstanding that such

17 program has entered full-scale engineering development.

18 (b) REPORTING REQUIREMENT.—If the Secretary of

19 Defense submits a certification under section 2366(c) of

20 such title 10 that live-fire testing of the F–22 system

21 under such section would be unreasonably expensive and

22 impractical, the Secretary of Defense shall require that

23 sufficiently large and realistic components and subsystems

24 that could affect the survivability of the F–22 system be

25 made available for any alternative live-fire test program.
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1 (c) FUNDING.—The funds required to carry out any

2 alternative live-fire testing program for the F–22 aircraft

3 system shall be made available from amounts appropriated

4 for the F–22 program.

5 SEC. 204. RESEARCH ACTIVITIES OF THE DEFENSE AD6 VANCED RESEARCH PROJECTS AGENCY.

7 Notwithstanding section 1701 of the National De8 fense Authorization Act for Fiscal Year 1994 (Public Law

9 103–160; 107 Stat. 1853), the Director of the Defense

10 Advanced Research Projects Agency, for the Secretary of

11 Defense, may conduct basic and applied research and ad12 vanced technology development, on chemical and biological

13 warfare defense technologies and systems, independently

14 of any other component of the Department of Defense.

15 In conducting its mission of basic and applied research

16 and advanced technology development, the Advanced Re17 search Projects Agency should avoid unnecessary duplica18 tion of efforts of other components of the Department.

19 With respect to chemical and biological warfare defense

20 activities and where otherwise appropriate, coordinate its

21 activities with other components of the Department.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for the use of the Armed Forces of the

8 United States and other activities and agencies of the De9 partment of Defense, for expenses, not otherwise provided

10 for, for operation and maintenance, in amounts as follows:

11 (1) For the Army, $18,114,479,000.

12 (2) For the Navy, $20,196,197,000.

13 (3) For the Marine Corps, $2,203,777,000.

14 (4) For the Air Force, $17,913,455,000.

15 (5) For the Defense Agencies,

16 $10,156,468,000.

17 (6) For the Army Reserve, $1,084,436,000.

18 (7) For the Naval Reserve, $843,927,000.

19 (8) For the Marine Corps Reserve,

20 $99,667,000.

21 (9) For the Air Force Reserve, $1,488,553,000.

22 (10) For the Army National Guard,

23 $2,208,477,000.

24 (11) For the Air National Guard,

25 $2,654,473,000.
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1 (12) For the Defense Inspector General,

2 $136,501,000.

3 (13) For Drug Interdiction and Counter-drug

4 Activities, Defense, $642,724,000.

5 (14) For the United States Court of Appeals

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

7 (15) For Environmental Restoration, Army,

8 $356,916,000.

9 (16) For Environmental Restoration, Navy,

10 $302,900,000.

11 (17) For Environmental Restoration, Air Force,

12 $414,700,000.

13 (18) For Environmental Restoration, Defense14 wide, $258,500,000.

15 (19) For Medical Programs, Defense,

16 $9,358,288,000.

17 (20) For Overseas Humanitarian, Disaster, and

18 Civic Aid, $80,544,000.

19 (21) For Former Soviet Union Threat Reduc20 tion, $327,900,000.

21 (22) For Payments to Kaho’olawe Island,

22 $10,000,000.

23 SEC. 302. WORKING CAPITAL FUNDS.

24 Funds are hereby authorized to be appropriated for

25 fiscal year 1997 for the use of the Armed Forces of the
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1 United States and other activities and agencies of the De2 partment of Defense for providing capital for working cap3 ital and revolving funds in amounts as follows:

4 (1) For the Defense Business Operations Fund,

5 $947,900,000.

6 (2) For the National Defense Sealift Fund,

7 $963,002,000.

8 Subtitle B—Other Matters

9 SEC. 310. REMEDIES FOR CONTRACTOR EMPLOYEE WHIS10 TLEBLOWERS.

11 Section 2409(c) of title 10, United States Code, is

12 amended—

13 (1) in subparagraph (B) by striking the period

14 at the end, inserting in lieu thereof ‘‘; or in lieu of

15 reinstatement, order the contractor to pay the per16 son an amount equal to the compensation (including

17 back pay) that would apply to the person in that po18 sition if the reprisal had not been taken and an

19 award for damages.’’; and

20 (2) by adding at the end of paragraph (c)(1)

21 the following new subparagraph (D):

22 ‘‘(D) Order the contractor to reimburse

23 the agency that conducted the reprisal inves24 tigation an amount equal to the cost of the in25 vestigation.’’.
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1 SEC. 311. REPEAL OF REQUIREMENT FOR PHYSICAL EXAM2 INATION ON CALLING MILITIA INTO FEDERAL

3 SERVICE.

4 (a) REPEAL OF REQUIREMENT.—Section 12408 of

5 title 10, United States Code, is repealed.

6 (b) CLERICAL AGREEMENT.—The table of sections at

7 the beginning of chapter 1209 is amended by striking out

8 the item relating to section 12408.

9 SEC. 312. TRAINING OF MILITARY PERSONNEL AT NON10 GOVERNMENT FACILITIES.

11 (a) FINDINGS.—The Congress finds that amendment

12 to title 5 is necessary to permit acquisition of commercial

13 training courses for military personnel in a cost effective

14 manner similar to those procedures currently used for ci15 vilian personnel.

16 (b) PURPOSES.—The purpose of this Act is to modify

17 language in section 4105 of title 5, United States Code,

18 relating to the training of military personnel at non-gov19 ernment of commercial facilities. The present statutes

20 limit paying for such training prior to receipt of services,

21 even though training for civilian employees of the Govern22 ment has been authorized for payment in advance of serv23 ice for almost four decades. Amendment is needed to pro24 vide a streamlined procedure for the acquisition of such

25 training through the use of credit cards and electronic
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1 funds transfers consistent with present commercial prac2 tices.

3 (c) TRAINING OF MILITARY PERSONNEL AT NON4 GOVERNMENT FACILITIES.—Section 4105 of title 5,

5 United States Code, is amended by adding at the end the

6 following: ‘‘The Department of Defense may make use of

7 the agreements and arrangements authorized by this sec8 tion as well as make payment for expenses pursuant to

9 section 4109 of this title for the training of military per10 sonnel at non-government facilities.’’.

11 SEC. 313. SALE OF CLEAN AIR ACT EMISSION REDUCTION

12 CREDITS, ALLOWANCES, OFFSETS, OR COM13 PARABLE ECONOMIC INCENTIVES.

14 Chapter 153 of title 10, United States Code, is

15 amended—

16 (1) by adding after section 2572 the following

17 new section:

18 ‘‘§ 2573. Sale of clean air act economic incentives

19 ‘‘(a) The Secretary of Defense shall prescribe regula20 tions to provide for the sale of emission reduction credits,

21 allowances, offsets, or other comparable economic incen22 tives authorized by the Clean Air Act (‘‘Clean Air Act Eco23 nomic Incentives’’), as implemented by state laws and

24 local air quality district regulations.
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1 ‘‘(b)(1) Proceeds from the sale of Clean Air Act Eco2 nomic Incentives at an installation shall be credited to the

3 installation operations and maintenance funds or any

4 other applicable installation funds in amounts sufficient

5 to cover the actual funding costs to the installation for

6 fees or charges incurred in connection with obtaining the

7 Clean Air Act Economic Incentives which were sold.

8 ‘‘(2) If after such funds are credited, a balance re9 mains, the remaining proceeds shall be available to the

10 military installation for use by the installation for any en11 vironmental project or program.

12 ‘‘(c) These provisions do not apply to any Clean Air

13 Act Economic Incentives derived from the closure of a

14 military installation pursuant to the Base Closure and Re15 alignment Act of 1988 (Public Law 100–526; 10 U.S.C.

16 2687 note), or the Defense Base Closure and Realignment

17 Act of 1990 (part A of title XXIV of Public Law 101–

18 510; 10 U.S.C. 2687 note).’’; and

19 (2) in the table of sections for such chapter 153

20 by inserting after the item relating to section 2572,

21 the following new item:

‘‘2573. Sale of clean air act economic incentives.’’.
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1 SEC. 314. DEFENSE BUSINESS OPERATIONS FUND AMEND2 MENT.

3 Section 2216(i)(1) of title 10, United States Code,

4 is amended by striking ‘‘$50,000’’ and inserting in lieu

5 thereof ‘‘$100,000’’.

6 TITLE IV—MILITARY

7 PERSONNEL AUTHORIZATIONS

8 Subtitle A—Active Forces

9 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

10 The Armed Forces are authorized strengths for active

11 duty personnel as of September 30, 1997, as follows:

12 (1) The Army, 495,000.

13 (2) The Navy, 406,900.

14 (3) The Marine Corps, 174,000.

15 (4) The Air Force, 381,100.

16 SEC. 402. EXCLUDING CERTAIN RESERVE COMPONENT

17 MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR

18 MORE FROM ACTIVE COMPONENT END

19 STRENGTHS.

20 Section 115(d) of title 10, United States Code, is

21 amended by adding at the end a new paragraph (8) as

22 follows:

23 ‘‘(8) Members of reserve components on active

24 duty to perform special work in support of peacetime

25 requirements of the active components and combat26 ant commands for 181 days or more. The total num-
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1 ber of personnel included in this category shall not

2 exceed two-tenths of one percent of the end

3 strengths authorized pursuant to subsection (a)(1).’’.

4 Subtitle B—Reserve Forces

5 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

6 (a) IN GENERAL.—The Armed Forces are authorized

7 strengths for Selected Reserve personnel of the reserve

8 components as of September 30, 1997, as follows:

9 (1) The Army Reserve, 214,925.

10 (2) The Naval Reserve, 95,941.

11 (3) The Marine Corps Reserve, 42,000.

12 (4) The Air Force Reserve, 73,281.

13 (5) The Army National Guard, 366,758.

14 (6) The Air National Guard, 108,018.

15 (7) The Coast Guard Reserve, 8,000.

16 (b) WAIVER AUTHORITY.—The Secretary of Defense

17 may vary the end strength authorized by subsection (a)

18 by not more than 2 percent.

19 (c) ADJUSTMENTS.—The end strengths prescribed by

20 subsection (a) for the Selected Reserve of any reserve com21 ponent shall be reduced proportionately by—

22 (1) the total authorized strength of units orga23 nized to serve as units of the Selected Reserve of

24 such component which are on active duty (other

25 than for training) at the end of the fiscal year, and
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1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end

6 of the fiscal year.

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end

9 strength prescribed for such fiscal year for the Selected

10 Reserve of such reserve component shall be increased pro11 portionately by the total authorized strengths of such

12 units and by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section

16 402(b), the reserve components of the armed forces are

17 authorized, as of September 30, 1997, the following num18 ber of Reserves to be serving on full-time active duty or,

19 in the case of members of the National Guard, full-time

20 National Guard duty for the purpose of organizing, ad21 ministering, recruiting, instructing, or training the reserve

22 components:

23 (1) The Army Reserve, 11,475.

24 (2) The Naval Reserve, 16,506.

25 (3) The Marine Corps Reserve, 2,559.
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1 (4) The Air Force Reserve, 625.

2 (5) The Army National Guard, 22,798.

3 (6) The Air National Guard, 10,129.

4 TITLE V—MILITARY PERSONNEL

5 POLICY

6 SEC. 501. DISCHARGE OR RETIREMENT FOR YEARS OF

7 SERVICE OR AFTER SELECTION FOR EARLY

8 REMOVAL.

9 (a) IN GENERAL.—The text of section 14514 of title

10 10, United States Code, is amended to read as follows:

11 ‘‘(a) Each reserve officer of the Army, Navy, Air

12 Force, or Marine Corps who is in an active status and

13 who is required to be removed from an active status or

14 from a reserve active-status list, as the case may be, under

15 section 14507, 14508, 14704, or 14705 of this title (un16 less the officer is sooner separated, the officer’s separation

17 is deferred, or the officer is continued in an active status

18 under another provision of law), in accordance with those

19 sections, shall—

20 ‘‘(1) be transferred to the Retired Reserve, if

21 the officer is qualified and applies for such transfer;

22 or

23 ‘‘(2) if the officer is not qualified or does not

24 apply for such transfer, be discharged from the offi25 cer’s reserve appointment.
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1 ‘‘(b) Each reserve officer of the Army, Navy, Air

2 Force, or Marine Corps who is in an inactive status and

3 who is required to be removed from an inactive status—

4 ‘‘(1) shall be transferred to the Retired Re5 serve, if the officer is qualified and applies for such

6 transfer; or

7 ‘‘(2) may, if the officer is not qualified or does

8 not apply for such transfer, be discharged from the

9 officer’s reserve appointment.’’.

10 (b) CONFORMING AMENDMENT.—Section

11 12683(b)(1) of such title 10, is amended by inserting

12 ‘‘14514,’’ and ‘‘12684,’’.

13 SEC. 502. APPOINTMENT ABOVE O–2 IN THE U.S. NAVAL

14 RESERVE.

15 Section 12205 of title 10, United States Code, is

16 amended by amending subsection (b)(3) to read as follows:

17 ‘‘(3) The appointment in the Naval Reserve of

18 a person appointed for service under either the

19 Naval Aviation Cadet or Seaman to Admiral Pro20 gram.’’.

21 SEC. 503. TEST PROGRAM ON UNLIMITED USE OF COM22 MISSARY STORES BY ELIGIBLE RESERVISTS.

23 (a) The Secretary of Defense shall carry out in one

24 or more areas of the United States a test program under

25 which those Reserve members eligible for commissary use
29

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1 under sections 1063 and 1064 of title 10, United States

2 Code, will be permitted to use commissary stores of the

3 Department of Defense on the same basis as members on

4 active duty. The test program will begin on January 1,

5 1997, and will be conducted for a period of one year.

6 (b) The Secretary of Defense shall report the results

7 of the test program to the Congress no later than March

8 31, 1998, together with such comments and recommenda9 tions as he determines appropriate.

10 SEC. 504. ACTIVE DUTY RETIREMENT SANCTUARY FOR RE11 SERVISTS.

12 Section 12686 of title 10, United States Code, is

13 amended—

14 (1) by designating the existing matter as para15 graph (1); and

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

17 paragraph:

18 ‘‘(2) The regulations prescribed under para19 graph (1) may except from the prohibition on invol20 untary release in that paragraph members who serve

21 on active duty (other than for training) under sec22 tion 12301 of this title pursuant to orders specifying

23 a period of less than 180 days provided that the

24 member is informed of and consents to such excep25 tion prior to entry on active duty.’’.
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1 SEC. 505. CHANGE IN TIME FOR AWARD OF DEGREE TO BE

2 CONSIDERED TO MEET THE SELECTED RE3 SERVE OFFICER EDUCATION REQUIREMENT.

4 Section 12205(c)(2)(C) of title 10, United States

5 Code, is amended by striking ‘‘three’’ and inserting in lieu

6 thereof ‘‘eight’’.

7 SEC. 506. CLARIFICATION OF LIMITATION ON FURNISHING

8 CLOTHING OR ALLOWANCES FOR ENLISTED

9 NATIONAL GUARD TECHNICIANS.

10 Subsection 418(c) of title 37, United States Code, is

11 amended by striking at the end of the paragraph ‘‘for

12 which a uniform allowance is paid under section 415 or

13 416 of this title’’, and inserting in lieu thereof ‘‘for which

14 clothing is furnished or a uniform allowance is paid under

15 this section’’.

16 SEC. 507. USE OF ACTIVE GUARD AND RESERVE PERSON17 NEL IN COMPOSITE ACTIVE AND RESERVE

18 COMPONENT ACTIVITIES AND IN ACTIVITIES

19 AND FUNCTIONS ASSIGNED TO A RESERVE

20 COMPONENT ORGANIZATION.

21 Section 12310 of title 10, United States Code, is

22 amended by adding at the end the following two new sub23 sections:

24 ‘‘(c) Organizing, administering, recruiting, instruct25 ing, or training the reserve components as used in this
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1 title and in the authorizations of end strengths required

2 under section 115 of this title, includes—

3 ‘‘(1) the conduct of activities described in sec4 tions 3013(b), 5013(b), and 8013(b) of this title in

5 support of any part of a military department when

6 such activities have been assigned by the Secretary

7 concerned, with the consent of the Chief of the Na8 tional Guard Bureau or the chief of such reserve

9 component, to a reserve component organization for

10 execution; and

11 ‘‘(2) peacetime standby air defense and ballistic

12 missile defense operations within the territory of the

13 United States.

14 ‘‘(d) A reserve on duty under subsection (a) may

15 serve in, and supervise and command any other person

16 serving in a composite organization that conducts activi17 ties described in subsection (c) jointly in support of the

18 reserve components and the active components of one or

19 more armed services.’’.
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1 Subtitle B—Officer Education

2 Programs

3 SEC. 510. EXTENSION OF AGE REQUIREMENTS FOR AP4 POINTMENT AS A CADET OR MIDSHIPMAN IN

5 THE SENIOR RESERVE OFFICERS’ TRAINING

6 CORPS AND THE MILITARY DEPARTMENT

7 SERVICE ACADEMIES.

8 (a) SENIOR RESERVE OFFICERS’ TRAINING

9 CORPS.—Section 2107(a) of title 10, United States Code,

10 is amended by striking out ‘‘25’’ and inserting in lieu

11 thereof ‘‘27’’.

12 (b) UNITED STATES MILITARY ACADEMY.—Section

13 4346(a) of title 10, United States Code, is amended by

14 striking out ‘‘twenty-second birthday’’ and inserting in

15 lieu thereof ‘‘twenty-third birthday’’.

16 (c) UNITED STATES NAVAL ACADEMY.—Clause (1)

17 of section 6958(a) of title 10, United States Code, is

18 amended by striking out ‘twenty-second birthday’’ and in19 serting in lieu thereof ‘‘twenty-third birthday’’.

20 (d) UNITED STATES AIR FORCE ACADEMY.—Section

21 9346(a) of title 10, United States Code, is amended by

22 striking out ‘‘twenty-second birthday’’ and inserting in

23 lieu thereof ‘‘twenty-third birthday’’.

24 (e) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall take effect on the date of enactment
33

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1 of this Act; the amendments made by subsections (b)

2 through (d) shall take effect with regard to individuals en3 tering the United States Military Academy, the United

4 States Naval Academy, and the United States Air Force

5 Academy after June 1, 1997.

6 SEC. 511. EXPANSION OF SENIOR RESERVE OFFICERS’

7 TRAINING CORPS ADVANCED TRAINING PRO8 GRAM TO INCLUDE GRADUATE STUDENTS.

9 (a) IN GENERAL.—Section 2107(c) of title 10,

10 United States Code, is amended by inserting before the

11 last sentence the following new penultimate sentence:

12 ‘‘The Secretary of the military department concerned may

13 provide similar financial assistance to a student enrolled

14 in an advanced education program beyond the bacca15 laureate degree level provided the student also is a cadet

16 or midshipman in an advanced training program.’’.

17 (b) CONFORMING AMENDMENT.—Paragraph (2) of

18 subsection (h) of such section 2107 is amended in the first

19 sentence—

20 (1) by striking out ‘‘two years’’ and inserting in

21 lieu thereof ‘‘up to two years’’, and

22 (2) by striking out ‘‘four years’’ and inserting

23 in lieu thereof ‘‘up to four years’’.

24 (c) DEFINITIONAL CHANGE.—Paragraph (3) of sec25 tion 2101 of title 10, United States Code, is amended by
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1 inserting ‘‘students enrolled in an advanced education pro2 gram beyond the baccalaureate degree level or to’’ after

3 ‘‘instruction offered in the Senior Reserve Officers’ Train4 ing Corps to’’.

5 Subtitle C—Other Matters

6 SEC. 515. CLARIFYING DEFINITION OF ACTIVE STATUS.

7 The definition of ‘‘active status’’ in section 101(d)(4)

8 of title 10, United States Code, is amended by striking

9 out ‘‘a reserve commissioned officer, other than a commis10 sioned warrant officer’’; and inserting in lieu thereof the

11 following: ‘‘a member of a reserve component’’.

12 SEC. 516. CHIEF WARRANT OFFICER PROMOTIONS.

13 (a) REDUCTION OF MINIMUM TIME IN GRADE RE14 QUIRED FOR CHIEF WARRANT OFFICER TO BE CONSID15 ERED FOR PROMOTION.—Section 574(e) of title 10,

16 United States Code, is amended by striking out ‘‘three’’

17 and inserting in lieu thereof ‘‘two’’;

18 (b) AUTHORIZATION OF BELOW-ZONE SELECTION

19 FOR PROMOTION TO GRADE OF CHIEF WARRANT OFFI20 CER.—Section 575(b) of such title 10 is amended by in21 serting ‘‘chief warrant officer, W–3,’’ after ‘‘to consider

22 warrant officers for selection for promotion to the grade

23 of’’.
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1 SEC. 517. REVISIONS TO MISSING PERSONS AUTHORITIES.

2 (a) REPEAL OF JUDICIAL REVIEW AND

3 PREENACTMENT, SPECIAL INTEREST CASES PROVI4 SIONS.—Sections 1508 and 1509 of title 10, United States

5 Code, are hereby repealed.

6 (b) TRANSMISSION THROUGH THEATER COMPONENT

7 COMMANDER.—(1) Section 1502 of title 10, United States

8 Code, is amended—

9 (A) in subsection (a)(2)—

10 (i) by striking ‘‘48 hours’’ and insert11 ing in lieu thereof ‘‘10 days’’; and

12 (ii) by striking ‘‘theater component

13 commander’’ and inserting in lieu thereof

14 ‘‘Secretary concerned’’;

15 (B) by striking out subsection (b);

16 (C) by redesignating subsection (c) as sub17 section (b); and

18 (D) in subsection (b), as so redesignated, by

19 striking ‘‘The theater component commander’’ and

20 all that follows to the end of the subsection.

21 (2) Section 1503(a) of such title is amended by strik22 ing ‘‘1502(b)’’ and inserting in lieu thereof ‘‘1502(a)’’.

23 (3) Section 1513 of such title 10 is amended by strik24 ing out paragraph (8).

25 (c) COUNSEL FOR MISSING PERSON.—(1) Section

26 1503 of title 10, United States Code, is amended—
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1 (A) by striking subsection (f);

2 (B) by redesignating subsections (g), (h), (i),

3 (j), and (k) as subsections (f), (g), (h), (i) and (j),

4 respectively;

5 (C) in subsection (g)(C)(3), as so redesignated,

6 by striking ‘‘(j)’’ and inserting in lieu thereof ‘‘(i)’’;

7 (D) in subsection (j), as so redesignated—

8 (i) by striking ‘‘(i)’’ and inserting in lieu

9 thereof ‘‘(h)’’; and

10 (ii) in paragraph (1)(B) by striking ‘‘(h)’’

11 and inserting in lieu thereof ‘‘(g)’’; and

12 (E) in subsection (k), as so redesignated, by

13 striking ‘‘(i)’’ and inserting in lieu thereof ‘‘(h)’’.

14 (2) Section 1504 of such title is amended—

15 (A) in subsection (a) by striking ‘‘(i)’’ and in16 serting in lieu thereof ‘‘(h)’’;

17 (B) by striking subsection (f);

18 (C) by redesignating subsections (g), (h), (i),

19 (j), (k), (l) and (m) as subsections (f), (g), (h), (i),

20 (j), (k) and (l), respectively;

21 (D) in subsection (g)(3)(A), as so redesignated,

22 by striking ‘‘and the counsel for the missing person

23 appointed under subsection (f)’’;

24 (E) in subsection (j), as so redesignated—
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1 (i) in paragraph (1) by striking ‘‘(j)’’ and

2 inserting in lieu thereof ‘‘(i)’’;

3 (ii) by striking paragraph (1)(B);

4 (iii) by redesignating paragraph (1)(C) as

5 paragraph (1)(B);

6 (iv) in paragraph (1)(B), as so redesig7 nated, by striking ‘‘(g)(5)’’ inserting in lieu

8 thereof ‘‘(f)(5)’’; and

9 (v) in paragraph (2) by striking ‘‘(C)’’ and

10 inserting in lieu thereof ‘‘(B)’’;

11 (F) in subsection (k), as so redesignated, by

12 striking ‘‘(k)’’ and inserting in lieu thereof ‘‘(j)’’;

13 and

14 (G) in subsection (l), as so redesignated, by

15 striking ‘‘(k)’’ and inserting in lieu thereof ‘‘(j)’’.

16 (3) Section 1505(c) of such title is amended—

17 (A) in paragraph (2) by striking ‘‘(A) the des18 ignated missing person’s counsel for that person,

19 and (B)’’; and

20 (B) in paragraph (3) by striking ‘‘with the ad21 vice of the missing person’s counsel notified under

22 paragraph (2),’’.

23 (d) THREE YEAR REVIEWS.—Section 1505 of title

24 10, United States Code, is amended by striking subsection

25 (b) and inserting in lieu thereof:
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1 ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The

2 Secretary shall appoint a board to conduct an inquiry with

3 respect to a missing person under this subsection upon

4 receipt of information that may result in a change of sta5 tus of the missing person.’’.

6 (e) WRONGFUL WITHHOLDING.—Section 1506 of

7 title 10, United States Code, is amended—

8 (1) by striking subsection (e); and

9 (2) by redesignating subsection (f) as sub10 section (e), respectively.

11 (f) RECOMMENDATION ON STATUS OF DEATH.—Sec12 tion 1507(b) of title 10, United States Code, is amended

13 by striking paragraphs (3) and (4).

14 (g) DEPARTMENT OF DEFENSE CIVILIAN EMPLOY15 EES AND CONTRACTOR EMPLOYEES.—Section 1501(c) of

16 title 10, United States Code, is amended—

17 (1) by striking ‘‘the following persons: (1) Any’’

18 and inserting in lieu thereof ‘‘any’’; and

19 (2) by striking paragraph (2).

20 (h) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 76 of title 10, United States

22 Code, is amended by striking the items referring to sec23 tions 1508 and 1509.
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1 SEC. 518. AUTHORITY FOR TEMPORARY PROMOTIONS OF

2 CERTAIN NAVY LIEUTENANTS.

3 Section 5721 of title 10, United States Code, is

4 amended by striking subsection (g).

5 SEC. 519. EXTENSION IN THE DELAYED ENTRY PROGRAM

6 OF UP TO 180 DAYS FOR MERITORIOUS

7 CASES.

8 Section 513(b) of title 10, United States Code, is

9 amended—

10 (1) by adding after the first sentence the follow11 ing new sentence: ‘‘The Secretary concerned may ex12 tend the above 365-day limitation period for a per13 son in the delayed entry program for up to an addi14 tional 180 days when he or she considers it expedi15 ent to do so.’’; and

16 (2) in the last sentence by striking out ‘‘the

17 preceding sentence’’ and inserting in lieu thereof

18 ‘‘under this section’’.

19 SEC. 520. AMENDMENT AUTHORIZING SENIOR ENLISTED

20 MEMBERS OF THE ARMED FORCES TO REEN21 LIST FOR AN INDEFINITE PERIOD OF TIME.

22 Section 505(d) of title 10, United States Code, is

23 amended to read as follows:

24 ‘‘(d) For members with less than 10 years of service,

25 the Secretary concerned may accept reenlistments in the

26 Regular Army, Regular Navy, Regular Air Force, Regular
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1 Marine Corps, or Regular Coast Guard, as the case may

2 be, for periods of at least two but not more than six years.

3 At the discretion of the Secretary concerned, members

4 with 10 or more years of service reenlisting in the Regular

5 Army, Regular Navy, Regular Air Force, Regular Marine

6 Corps, or Regular Coast Guard, as the case may be, who

7 meet all qualifications for continued service, may be ac8 cepted for reenlistment of an unspecified period of time

9 on a career basis. Such person will be required to continue

10 to maintain minimum qualifications, as prescribed by the

11 Secretary concerned for continued service.’’.

12 SEC. 521. EXCHANGE OF PERSONNEL OF THE DEPARTMENT

13 OF DEFENSE WITH FOREIGN DEFENSE DE14 PARTMENTS OR MINISTRIES.

15 (a) IN GENERAL.—Subchapter II of chapter 138 of

16 title 10, United States Code, is amended by inserting after

17 section 2350j the following new section:

18 ‘‘§ 2350k. Exchange of personnel of the Department of

19 Defense with foreign defense depart20 ments or ministries

21 ‘‘(a) The Secretary of Defense may enter into such

22 agreements with the governments of allied and other

23 friendly countries for the exchange of military and civilian

24 personnel of the United States Department of Defense

25 and such personnel of the defense departments or min-
41

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1 istries of such foreign governments. Pursuant to these

2 agreements, personnel of foreign defense departments or

3 ministries may be assigned to positions (including posi4 tions as instructors) in the United States Department of

5 Defense, and personnel of the United States Department

6 of Defense may be assigned to positions in foreign defense

7 departments or ministries (including positions as instruc8 tors). In the case of agreements for the exchange of per9 sonnel engaged in research and development activities,

10 such agreements may provide for assignments which sup11 port the foreign defense departments or ministries. The

12 specific positions and the individuals to be assigned must

13 be acceptable to both governments. These agreements

14 shall be based on the principle of reciprocity such that per15 sonnel provided are of essentially equal qualifications,

16 training, and skill and the benefits to accrue to each gov17 ernment are substantially equal. Salary, per diem, cost of

18 living, travel, cost of language training or other training,

19 and other costs (except for the cost of temporary duty di20 rected by the host government, training programs to fa21 miliarize, orient or certify exchange personnel on unique

22 aspects of their assignments, and costs incident to the use

23 of host government facilities in the performance of as24 signed duties), shall be paid by each government for its

25 own personnel in accordance with its laws and regulations.
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1 ‘‘(b) Personnel of foreign defense departments or

2 ministries assigned to the United States Department of

3 Defense and United States Department of Defense per4 sonnel assigned to a foreign defense department or min5 istry under subsection (a) shall not be required to take

6 an oath of allegiance to the host nation and shall hold

7 no position of an official capacity in such host nation.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of such subchapter is amended by adding

10 at the end the following new item:

‘‘2350k. Exchange of personnel of the Department of Defense with foreign defense departments or ministries.’’.

11 TITLE VI—COMPENSATION AND

12 OTHER PERSONNEL BENEFITS

13 Subtitle A—Pay and Allowances

14 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.

15 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

16 adjustment required by section 1009 of title 37, United

17 States Code, in elements of compensation of members of

18 the uniformed services to become effective during fiscal

19 year 1997 shall not be made.

20 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef21 fective on January 1, 1997, the rates of basic pay, basic

22 allowance for subsistence, and basic allowance for quarters

23 of members of the uniformed services are increased by 3.0

24 percent.
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1 SEC. 602. RESTRICTION ON ENTITLEMENT TO BASIC AL2 LOWANCE FOR QUARTERS FOR RESERVE

3 COMPONENT MEMBERS.

4 Section 403(a) of title 37, United States Code, is

5 amended by adding at the end of paragraph (1) the follow6 ing new sentence: ‘‘A member of the Ready Reserve who

7 is serving on active duty for a period of fifteen days or

8 less and who is provided government quarters is not enti9 tled to a basic allowance for quarters unless accompanied

10 by his dependents.’’.

11 SEC. 603. CONTINUOUS BAQ/VHA FOR SINGLE MEMBERS

12 WHO PCS TO DEPLOYED UNIT; AUTHORIZA13 TION TO QUARTERS ASHORE (EITHER ADE14 QUATE OR INADEQUATE), OR BASIC ALLOW15 ANCE FOR QUARTERS FOR E–5 MEMBERS,

16 WITHOUT DEPENDENTS, ASSIGNED TO SEA

17 DUTY; AND BAQ/VHA FOR SHIPBOARD MILI18 TARY COUPLES.

19 Section 403(c)(2) of title 37, United States Code, is

20 amended—

21 (1) at the beginning of the first sentence by

22 striking ‘‘A member’’ and inserting in lieu thereof

23 ‘‘Except as otherwise provided in this paragraph, a

24 member’’; and

25 (2) by striking the second sentence and insert26 ing in lieu thereof ‘‘Under regulations of the Sec-
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1 retary concerned that must consider the availability

2 of quarters, such Secretary may authorize payment

3 of the basic allowance for quarters to a member of

4 a uniformed service under the Secretary’s jurisdic5 tion when the member is without dependents, is

6 serving in pay grade E–5, and is assigned to sea

7 duty. Two members of the uniformed services in pay

8 grades below E–6, who are married to each other

9 and have no other dependents, and who are simulta10 neously assigned to sea duty on ships are entitled to

11 a basic allowance for quarters (equal to the with de12 pendents rate of the pay grade of the senior member

13 only).’’.

14 (b) The amendments made by this section shall be15 come effective July 1, 1997. With the approval of the Sec16 retary of Defense, if funds are available for such purpose,

17 the Secretary of a Military Department may implement

18 such amendments on an appropriate date following the

19 date of enactment of this Act.

20 SEC. 604. ADJUSTMENTS IN CADET AND MIDSHIPMEN PAY.

21 Section 203(c) of title 37, United States Code, is

22 amended by striking paragraph (2) in its entirety and

23 ‘‘(1)’’ at the beginning of the subsection.
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1 Subtitle B—Extension of Bonus

2 and Incentive Pays

3 SEC. 605. EXTENSION OF AUTHORITY RELATING TO PAY4 MENT OF OTHER BONUSES AND SPECIAL

5 PAYS.

6 (a) AVIATION OFFICER RETENTION BONUS.—Sec7 tion 301b(a) of title 37, United States Code, is amended

8 by striking out ‘‘September 30, 1997,’’ and inserting in

9 lieu thereof ‘‘September 30, 1999’’.

10 (b) REENLISTMENT BONUS FOR ACTIVE MEM11 BERS.—Section 308(g) of title 37, United States Code, is

12 amended by striking out ‘‘September 30, 1997’’ and in13 serting in lieu thereof ‘‘September 30, 1999’’.

14 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

15 Sections 308a(c) and 308f(c) of title 37, United States

16 Code, are each amended by striking out ‘‘September 30,

17 1997’’ and inserting in lieu thereof ‘‘September 30,

18 1999’’.

19 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

20 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI21 ORITY UNITS.—Section 308d(c) of title 37, United States

22 Code, is amended by striking out ‘‘September 30, 1997’’

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

24 (e) REPAYMENT OF EDUCATION LOANS FOR CER25 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
46

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1 LECTED RESERVE.—Section 16302(d) of title 10, United

2 States Code, is amended by striking out ‘‘October 1,

3 1997’’ and inserting in lieu thereof ‘‘October 1, 1999’’.

4 (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

5 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

6 Section 302g(f) of title 37, United States Code, is amend7 ed by striking out ‘‘September 30, 1997’’ and inserting

8 in lieu thereof ‘‘September 30, 1999’’.

9 (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI10 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

11 312(e) of title 37, United States Code, is amended by

12 striking out ‘‘September 30, 1997’’ and inserting in lieu

13 thereof ‘‘September 30, 1999’’.

14 (h) NUCLEAR CAREER ACCESSION BONUS.—Section

15 312b(c) of title 37, United States Code, is amended by

16 striking out ‘‘September 30, 1997’’ and inserting in lieu

17 thereof ‘‘September 30, 1999’’.

18 (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

19 Section 312c(d) of title 37, United States Code, is amend20 ed by striking out ‘‘October 1, 1997’’ and inserting in lieu

21 thereof ‘‘October 1, 1999’’.

22 SEC. 606. EXTENSION OF CERTAIN BONUSES FOR RESERVE

23 FORCES.

24 (a) SELECTED RESERVE REENLISTMENT BONUS.—

25 Section 308b(f) of title 37, United States Code, is amend-
47

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1 ed by striking out ‘‘September 30, 1997’’ and inserting

2 in lieu thereof ‘‘September 30, 1999’’.

3 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec4 tion 308c(e) of title 37, United States Code, is amended

5 by striking out ‘‘September 30, 1997’’ and inserting in

6 lieu thereof ‘‘September 30, 1999’’.

7 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec8 tion 308e(e) of title 37, United States Code, is amended

9 by striking out ‘‘September 30, 1997’’ and inserting in

10 lieu thereof ‘‘September 30, 1999’’.

11 (d) READY RESERVE ENLISTMENT AND REENLIST12 MENT BONUS.—Section 308h(g) of title 37, United States

13 Code, is amended by striking out ‘‘September 30, 1997’’

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

15 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

16 308i(i) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1997’’ and inserting in lieu

18 thereof ‘‘September 30, 1999’’.

19 SEC. 607. EXTENSION AND MODIFICATION OF CERTAIN BO20 NUSES AND SPECIAL PAY FOR NURSE OFFI21 CER CANDIDATES, REGISTERED NURSES AND

22 NURSE ANESTHETISTS.

23 (a) NURSE OFFICER CANDIDATE ACCESSION PRO24 GRAM.—Section 2130a(a)(1) of title 10, United States
48

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1 Code, is amended by striking out ‘‘September 30, 1997’’

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

3 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

4 Section 302d(a)(1) of title 37, United States Code, is

5 amended by striking out ‘‘September 30, 1997’’ and in6 serting in lieu thereof ‘‘September 30, 1999’’.

7 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES8 THETISTS.—Section 302e(a)(1) of title 37, United States

9 Code, is amended by striking out ‘‘September 30, 1997’’

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

11 Subtitle C—Travel and

12 Transportation Allowances

13 SEC. 610. ROUND-TRIP TRAVEL ALLOWANCES FOR SHIP14 PING MOTOR VEHICLES AT GOVERNMENT EX15 PENSE.

16 (a) IN GENERAL.—Section 406(b)(1)(B) of title 37,

17 United States Code, is amended as follows:

18 (1) in clause (i)(I) by inserting ‘‘, including re19 turn travel to the old duty station,’’ after ‘‘nearest

20 the old duty station’’; and

21 (2) in subparagraph (ii) by inserting ‘‘, includ22 ing travel from the new duty station to the port of

23 debarkation to pick up the vehicle’’ after ‘‘to the new

24 duty station’’.
49

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1 (b) EFFECTIVE DATE.—The amendments made by

2 this section shall become effective July 1, 1997. With the

3 approval of the Secretary of Defense, if funds are available

4 for such purpose, the Secretary of a Military Department

5 may implement such amendments at an earlier date fol6 lowing the date of enactment of this Act.

7 SEC. 611. AUTHORITY TO REIMBURSE DEPARTMENT OF DE8 FENSE DOMESTIC DEPENDENT-SCHOOL9 BOARD MEMBERS FOR CERTAIN PROGRAMS

10 AND ACTIVITIES.

11 Section 2164(d) of title 10, United States Code, is

12 amended by adding at the end a new paragraph (7) as

13 follows:

14 ‘‘(7) The Secretary may provide for reimburse15 ment to a school board member for travel and trans16 portation expenses, to include program and activity

17 fees, that the Secretary determines are reasonable

18 and necessary to the performance of school board

19 duties.’’.

20 SEC. 612. STORAGE OF A MOTOR VEHICLE IN LIEU OF

21 TRANSPORTATION.

22 (a) Section 2634 of title 10, United States Code, is

23 amended—

24 (1) by redesignating subsections (b) and (c) as

25 subsections (c) and (d), respectively; and
50

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1 (2) by adding a new subsection (b) as follows:

2 ‘‘(b) In lieu of transportation authorized by this sec3 tion, if a member is ordered to a foreign country, and the

4 laws, regulations, or other restrictions imposed by the for5 eign country or the United States Government preclude

6 entry or require extensive modification as a condition to

7 entry of the member’s (or a dependent of the member’s)

8 motor vehicle into such country, such member may elect

9 storage at the expense of the United States, to include

10 authorized costs associated with the delivery of the motor

11 vehicle for storage and removal for delivery to the next

12 authorized destination,’’.

13 (b) Clause (h)(1)(B) of section 406 of title 37, United

14 States Code, is amended to read as follows:

15 ‘‘(B) in the case of a member described in

16 paragraph 2(A), authorize the transportation of

17 one motor vehicle that is owned by the member

18 (or a dependent of a member) and is for his de19 pendent’s personal use to that location by

20 means of transportation authorized under sec21 tion 2634 of title 10, or storage of such motor

22 vehicle as authorized under said section.’’.

23 (c) The amendments made by this section shall be24 come effective July 1, 1997. With the approval of the Sec25 retary of Defense, if funds are available for such purpose,
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1 the Secretary of a Military Department may implement

2 such amendments earlier than July 1, 1997, but not ear3 lier than the date of enactment of this Act.

4 SEC. 613. REPEAL OF PROHIBITION ON PAYMENT OF LODG5 ING EXPENSES WHEN ADEQUATE GOVERN6 MENT QUARTERS ARE AVAILABLE.

7 Section 1589 of title 10, United States Code, is re8 pealed.

9 Subtitle D—Retired Pay, Survivor

10 Benefits, and Related Matters

11 SEC. 615. EFFECTIVE DATE FOR MILITARY RETIREE COST12 OF-LIVING ADJUSTMENT FOR FISCAL YEAR

13 1998.

14 (a) ADJUSTMENT OF EFFECTIVE DATE.—Subpara15 graph (B) of section 1401a(b)(2) of title 10, United States

16 Code, is amended to read as follows:

17 ‘‘(B) SPECIAL RULE FOR FISCAL YEAR

18 1996.—In the case of the increase in retired pay

19 that, pursuant to paragraph (1), becomes effec20 tive on December 1, 1995, the initial month for

21 which such increase is payable as part of such

22 retired pay shall (notwithstanding such Decem23 ber 1 effective date) be March 1996.’’.

24 (b) REPEAL OF CONTINGENT ALTERNATIVE DATE

25 FOR FISCAL YEAR 1998.—Section 631 of the National
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1 Defense Authorization Act for Fiscal Year 1996 (Public

2 Law 104–106; 110 Stat. 364) is amended by striking sub3 section (b) and further, by redesignating subsection (c) as

4 the new subsection (b).

5 SEC. 616. CLARIFYING USE OF MILITARY MORALE, WEL6 FARE, AND RECREATION FACILITIES BY RE7 TIRED RESERVISTS.

8 Section 1065(a) of title 10, United States Code, is

9 amended by striking out the last sentence and inserting

10 in lieu thereof the following: ‘‘Such use by members of

11 the Selected Reserve, and the dependents of such mem12 bers, shall be permitted on the same basis as members

13 on active duty. Such use by members who would be eligible

14 for retired pay under chapter 67 of this title but for the

15 fact that the members are under 60 years of age, and the

16 dependents of such members, shall be on the same basis

17 as members who retired after serving 20 or more years

18 on active duty.’’.

19 SEC. 617. AUTHORIZATION FOR SURVIVORS OF MEMBERS

20 OF THE UNIFORMED SERVICES TO RECEIVE A

21 PAYMENT UPON DEATH OF A MEMBER FOR

22 ALL ACCRUED LEAVE.

23 (a) IN GENERAL.—Section 501(d) of title 37, United

24 States Code, is amended—

25 (1) by striking out paragraph (d)(2);
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1 (2) by redesignating paragraph (d)(1) as sub2 section (d); and

3 (3) by striking out the third sentence in sub4 section (d), as redesignated, and inserting in lieu

5 thereof the following: ‘‘The limitations of the second

6 sentence of subsection (b)(3), subsection (f), and the

7 second sentence of subsection (g) shall not apply

8 with respect to a payment made under this sub9 section.’’

10 (b) CONFORMING AMENDMENT.—Section 501(f) of

11 such title is amended by striking out ‘‘, (d),’’ in the same

12 sentence.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect on October 1, 1996.

15 Subtitle E—Other Matters

16 SEC. 620. DISABILITY COVERAGE FOR OFFICERS GRANTED

17 EXCESS LEAVE FOR EDUCATIONAL

18 PURPOSES.

19 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

20 of title 10, United States Code, is amended by striking

21 in the first sentence ‘‘Upon a determination’’ and all that

22 follows to the first dash and inserting in lieu thereof the

23 following: ‘‘Upon a determination by the Secretary con24 cerned that a member of a regular component of the

25 armed forces entitled to basic pay, or any other member
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1 of the armed forces entitled to basic pay who has been

2 called or ordered to active duty (other than for training

3 under section 10148(a) of this title) for a period of more

4 than 30 days, or a member of a regular component of the

5 armed forces who, while on active duty, is not entitled to

6 basic pay because he is authorized by the Secretary con7 cerned under section 502(b) of title 37 to participate in

8 an educational program, is unfit to perform the duties of

9 his office, grade, rank, or rating because of physical dis10 ability incurred while entitled to basic pay, or while not

11 entitled to basic pay because he is authorized by the Sec12 retary concerned under section 502(b) of title 37 to par13 ticipate in an educational program, the Secretary may re14 tire the member, with retired pay computed under section

15 1401 of this title, if the Secretary also determines that’’.

16 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

17 DISABILITY RETIREMENT LIST.—Section 1202 of title 10,

18 United States Code, is amended by inserting ‘‘or a mem19 ber of a regular component of the armed forces who, while

20 on active duty, is not entitled to basic pay because he is

21 authorized by the Secretary concerned under section

22 502(b) of title 37 to participate in an educational pro23 gram,’’ after ‘‘for a period of more than 30 days,’’.

24 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

25 title 10, United States Code, is amended by striking in
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1 the first sentence ‘‘Upon a determination’’ and all that

2 follows to the first dash and inserting in lieu thereof the

3 following: ‘‘Upon a determination by the Secretary con4 cerned that a member of a regular component of the

5 armed forces entitled to basic pay, or any other member

6 of the armed forces entitled to basic pay who has been

7 called or ordered to active duty (other than for training

8 under section 10148(a) of this title) for a period of more

9 than 30 days, or a member of a regular component of the

10 armed forces who, while on active duty, is not entitled to

11 basic pay because he is authorized by the Secretary con12 cerned under section 502(b) of title 37 to participate in

13 an educational program, is unfit to perform the duties of

14 his office, grade, rank, or rating because of physical dis15 ability incurred while entitled to basic pay, or while not

16 entitled to basic pay because he is authorized by the Sec17 retary concerned under section 502(b) of title 37 to par18 ticipate in an educational program, the member may be

19 separated from his armed force with severance pay com20 puted under section 1212 of this title, if the Secretary also

21 determines that—’’.

22 (d) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect on the date of the enactment

24 of this Act and apply with respect to physical disabilities

25 incurred on or after such date.
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1 SEC. 621. AMENDMENTS TO THE UNIFORMED SERVICES

2 FORMER SPOUSES’ PROTECTION ACT.

3 Section 1408 of title 10, United States Code, is

4 amended as follows:

5 (1) In subsection (b)(1), by striking out ‘‘cer6 tified or registered mail, return receipt requested’’ in

7 paragraph (A) and inserting in lieu thereof, ‘‘fac8 simile or electronic transmission, mail’’.

9 (2) In subsection (e)—

10 (A) by adding after subparagraph (3) the

11 following new subparagraph (4):

12 ‘‘(4) An order modifying or clarifying the origi13 nal court order upon which payments under this sec14 tion are based and issued by a state other than the

15 state issuing the original court order shall not be

16 honored unless the court modifying or clarifying the

17 original court order is found to have jurisdiction

18 over both the member and former spouse in accord19 ance with the guidance set forth in subsection

20 (c)(4).’’; and

21 (B) by redesignating subparagraphs (4),

22 (5), and (6), as subparagraphs (5), (6), and

23 (7), respectively.

24 (3) In subsection (h), by amending subpara25 graph (10)(A) to read as follows:
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1 ‘‘(10)(A) For purposes of this subsection, in the

2 case of a member of the armed services who has

3 been sentenced by a court-martial to receive punish4 ment that will terminate the eligibility of that mem5 ber to receive retired pay if executed, the eligibility

6 of that member to receive retired pay may, as deter7 mined by the Secretary concerned, be considered ter8 minated effective either upon the approval of that

9 sentence by the person acting under section 860(c)

10 of this title (article 60(c) of the Uniform Code of

11 Military Justice), or upon the discharge of the mem12 ber from the uniformed services.’’.

13 SEC. 622. PROGRAM IMPROVEMENTS: TROOPS-TO-TEACH14 ERS PROGRAM.

15 (a) SEPARATED MEMBERS OF THE ARMED

16 FORCES.—Section 1151 of title 10, United States Code,

17 is amended—

18 (1) in subsection (a), by striking out ‘‘may es19 tablish’’ inserting in lieu thereof ‘‘shall establish’’;

20 (2) in subsection (f)(2), by striking out ‘‘five

21 school years’’ each place it appears (once in sub22 paragraph (A) and once in subparagraph (B)) and

23 inserting in lieu thereof, in each instance, ‘‘two

24 school years’’;

25 (3) in subsection (g)(2)—
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1 (A) by striking out the comma after ‘‘sec2 tion 1174a of this title’’ inserting in lieu thereof

3 ‘‘or’’; and

4 (B) by striking out ‘‘, or retires pursuant

5 to the authority provided in section 4403 of the

6 National Defense Authorization Act for Fiscal

7 Year 1993 (Public Law 102–484; 10 U.S.C.

8 1293 note)’’; and

9 (4) in subsection (h)(3)—

10 (A) in subparagraph (A), by striking out

11 ‘‘five consecutive school years’’ inserting in lieu

12 thereof ‘‘two consecutive school years’’;

13 (B) in clause (B)(i), by striking out

14 ‘‘$25,000’’ inserting in lieu thereof ‘‘$17,000’’;

15 (C) in clause (B)(ii), by striking out ‘‘40

16 percent’’ and ‘‘$10,000’’ inserting in lieu there17 of ‘‘25 percent’’ and ‘‘$8,000’’, respectively; and

18 (D) by striking out clauses (BB)(iii)

19 through (B)(v).

20 (b) SEPARATED CIVILIAN EMPLOYEES OF THE DE21 PARTMENT OF DEFENSE.—Section 1598 of such title is

22 amended—

23 (1) in subsection (a), by striking out ‘‘may es24 tablish’’ and inserting in lieu thereof ‘‘shall estab25 lish’’; and
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1 (2) in subsection (d)(2), by striking out ‘‘five

2 school years’’ each place it appears (once in sub3 paragraph (A) and once in subparagraph (B)) and

4 inserting in lieu thereof, in each instance, ‘‘two

5 school years’’.

6 (c) DISPLACED DEPARTMENT OF DEFENSE CON7 TRACTOR EMPLOYEES.—Paragraph (2) of section

8 2410j(d) of such title is amended by striking out ‘‘five

9 school years’’ each place it appears (once in subparagraph

10 (A) and once in subparagraph (B)) and inserting in lieu

11 thereof, in each instance, ‘‘two school years’’.

12 SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES:

13 TRAVEL PERFORMED IN CONNECTION WITH

14 LEAVE BETWEEN CONSECUTIVE OVERSEAS

15 TOURS.

16 (a) ADDITIONAL DEFERRAL.—Paragraph (2) of sub17 section 411b(a) of title 37, United States Code, is amend18 ed by inserting at the end the following new sentence:

19 ‘‘Notwithstanding the limitation in the preceding sentence,

20 a member who is unable to travel under this provision

21 prior to completion of the one year period after the date

22 the member begins the consecutive overseas tour of duty

23 or arrives at a new duty station due to participation in

24 a critical operational mission, as determined by the Service

25 Secretaries or their designated representatives, may,
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1 under the uniform regulations referred to in paragraph

2 (1), defer that travel for a period not to exceed one year

3 after assignment from the critical operational mission that

4 precluded the travel.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 this section shall be effective for all members participating

7 in critical operational missions on or after 1 November

8 1995.

9 SEC. 624. PAY AND ALLOWANCES FOR OVERSEAS DUTY OF

10 DEPARTMENT OF DEFENSE CIVILIAN EM11 PLOYEES.

12 (a) Chapter 81 of title 10, United States Code, is

13 amended (a) by adding at the end the following new sec14 tion:

15 ‘‘§ 1600. Pay and allowances for overseas duty of De16 partment of Defense civilian personnel

17 ‘‘Notwithstanding any other provision of law, the Sec18 retary of Defense is authorized to pay civilian personnel

19 of the Department of Defense, who are stationed outside

20 the United States and designated for the purpose of this

21 section, allowances and benefits comparable to those au22 thorized to be paid to members of the Foreign Service

23 under section 904 of title I of the Foreign Service Act

24 of 1980, (22 U.S.C. 4084). The Secretary may enter into

25 agreements with other Departments as may be necessary
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1 to administer the benefits and allowances authorized by

2 this section.’’

3 (b) The table of sections at the beginning of such

4 chapter is amended by inserting after the item relating

5 to section 1599 the following new item:

‘‘1600. Pay and allowances for overseas duty of Department of Defense civilian

personnel.’’.

6 TITLE VII—HEALTH CARE

7 PROVISIONS

8 SEC. 701. TECHNICAL REVISION TO CHAMPUS PAYMENT

9 LIMITS FOR TRICARE PRIME ENROLLEES.

10 Section 1079(h)(4) of title 10, United States Code,

11 is amended in the second sentence by striking ‘‘emer12 gency’’.

13 SEC. 702. ALTERNATIVE TO ACTIVE DUTY SERVICE OBLIGA14 TION UNDER HEALTH PROFESSIONS SCHOL15 ARSHIP AND FINANCIAL ASSISTANCE PRO16 GRAM.

17 (a) ALTERNATIVE OBLIGATION.—Section 2123(e) of

18 title 10, United States Code, is amended to read as fol19 lows:

20 ‘‘(e) Any member of the program relieved of his or

21 her active duty obligation under this subchapter before the

22 completion of each obligation may, under regulations pre23 scribed by the Secretary of Defense, be given, with or

24 without each member’s consent, an alternative obligation,
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1 which may consist of any of the following, as determined

2 by the Secretary concerned—

3 ‘‘(1) a service obligation in a component of the

4 Selected Reserve for a period two times as long as

5 the member’s remaining active duty service obliga6 tion;

7 ‘‘(2) a service obligation as a civil service em8 ployee employed as a health care professional in a

9 facility of the uniformed services for a period of time

10 equal to the member’s remaining active duty service

11 obligation;

12 ‘‘(3) transfer of the active duty service obliga13 tion to an obligation equal in time under the Na14 tional Health Service Corps under section 338C of

15 the Public Health Service Act (42 U.S.C. 254m) and

16 subject to all requirements and procedures applicable

17 to obligated members of the National Health Service

18 Corps; or

19 ‘‘(4) repayment to the Secretary of Defense of

20 a percentage of the total cost incurred by the Sec21 retary under this subchapter on behalf of the mem22 ber equal to the percentage of the member’s total ac23 tive duty service obligation being relieved, plus inter24 est.’’.
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1 (b) CONFORMING AMENDMENT FOR THE UNI2 FORMED SERVICES UNIVERSITY OF THE HEALTH

3 SCIENCES.—Section 2114 of such title 10 is amended by

4 adding at the end thereof the following new subsection:

5 ‘‘(h) Any graduate of the University relieved of his

6 or her active duty obligation under this chapter before the

7 completion of such obligation may, under regulations pre8 scribed by the Secretary of Defense, be given, with or

9 without each graduate’s consent, an alternative obligation

10 comparable to the alternative obligations specified in sec11 tion 2123(e) (1) and (2) of this title for members of the

12 Health Professions Scholarship and Financial Assistance

13 Program.’’.

14 (c) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall be effective with respect to a member

16 who first enrolled in the program on or after October 1,

17 1996.

18 (d) TRANSITION PROVISION.—In the case of a mem19 ber of the program who as of September 30, 1996, is serv20 ing an active duty obligation pursuant to the program or

21 incurring an active duty obligation as a participant in the

22 program, and who thereafter is relieved of his or her active

23 duty obligation under this subchapter before the comple24 tion of such obligation, the alternative obligations author25 ized by such section 2123(e), as amended by subsection
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1 (a), may be implemented by the Secretary concerned with

2 the agreement of the member.

3 SEC. 703. EXCEPTION TO STRENGTH LIMITATIONS FOR

4 PUBLIC HEALTH SERVICE OFFICERS AS5 SIGNED TO THE DEPARTMENT OF DEFENSE.

6 In computing the maximum number of commissioned

7 officers of the Public Health Service authorized by law or

8 administrative determination to serve on active duty, there

9 may be excluded from such computation officers who are

10 assigned to duty in the Department of Defense.

11 SEC. 704. REPEAL OF THE STATUTORY RESTRICTION ON

12 USE OF FUNDS FOR ABORTIONS.

13 (a) IN GENERAL.—Section 1093 of title 10, United

14 States Code, is repealed.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 55, United States Code, is

17 amended by striking out the item referring to section

18 1093.

19 SEC. 705. MEDICAL AND DENTAL CARE FOR RESERVE COM20 PONENT MEMBERS IN A DUTY STATUS.

21 (a) IN GENERAL.—Chapter 55 of title 10, United

22 States Code, is amended by striking out section 1074a and

23 inserting in lieu thereof the following:
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1 ‘‘§ 1074a. Medical and dental care for Reserve compo2 nent members in a duty status

3 ‘‘(a) Under joint regulations prescribed by the admin4 istering Secretaries, the following persons are entitled to

5 the benefits described in subsection (b):

6 ‘‘(1) Each member of a reserve component of a

7 uniformed service who incurs or aggravates an in8 jury, illness, or disease in the line of duty while per9 forming—

10 ‘‘(A) active duty, active duty for training,

11 annual training or full-time National Guard

12 duty, or

13 ‘‘(B) inactive duty training, in a pay or

14 nonpay status.

15 ‘‘(2) Each member of a reserve component of a

16 uniformed service who incurs or aggravates an in17 jury, illness, or disease while traveling directly to or

18 from the place at which that member is to perform

19 or has performed—

20 ‘‘(A) active duty, active duty for training,

21 annual training or full-time National Guard

22 duty, or

23 ‘‘(B) inactive duty training, in a pay or

24 nonpay status.

25 ‘‘(3) Each member of a reserve component of a

26 uniformed service who incurs or aggravates an in-
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1 jury, illness, or disease in the line of duty while re2 maining overnight, between successive periods of in3 active duty training, and the site is outside reason4 able commuting distance from the member’s resi5 dence.

6 ‘‘(b) A person described in subsection (a) is entitled

7 to—

8 ‘‘(1) the medical and dental care appropriate

9 for the treatment of the injury, illness, or disease of

10 that person until the member completes treatment

11 and is returned to full military duty or has com12 pleted processing in accordance with chapter 61 of

13 this title;

14 ‘‘(2) upon the member’s request, continuation

15 on active duty, for personnel included in subsections

16 (a)(1)(A) and (a)(2)(A), during the period of hos17 pitalization resulting from the injury, illness, or dis18 ease; and

19 ‘‘(3) the pay and allowances authorized in ac20 cordance with sections 204 (g) and (h) of title 37,

21 United States Code.

22 ‘‘(c) A member is not entitled to benefits under this

23 section if the injury, illness, or disease, or aggravation of

24 an injury, illness, or disease described in subsection (a)(2),
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1 is the result of the gross negligence or misconduct of the

2 member.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 for such chapter 55 is amended by striking out the item

5 referring to section 1074a and inserting in lieu thereof the

6 following:

‘‘1074a. Medical and dental care for Reserve component members in a duty status.’’.

7 SEC. 706. IMPROVED DEATH AND DISABILITY BENEFITS

8 FOR RESERVISTS.

9 (a) MEDICAL AND DENTAL CARE.—Section 1074a(a)

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

11 after paragraph (2) the following new paragraph:

12 ‘‘(3) Each member of the armed forces who in13 curs or aggravates an injury, illness, or disease in

14 the line of duty while remaining overnight, between

15 successive periods of inactive-duty training, at or in

16 the vicinity of the site of the inactive-duty training,

17 and the site is outside reasonable commuting dis18 tance from the member’s residence.’’.

19 (b) RECOVERY, CARE, AND DISPOSITION OF RE20 MAINS.—Section 1481(a)(2) of title 10, United States

21 Code, is amended—

22 (1) in subparagraph (C) by striking out ‘‘or’’ at

23 the end;
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1 (2) by redesignating subparagraph (D) as sub2 paragraph (E); and

3 (3) by inserting after subparagraph (C) the fol4 lowing new subparagraph:

5 ‘‘(D) remaining overnight, between succes6 sive periods of inactive-duty training, at or in

7 the vicinity of the site of the inactive-duty

8 training, and the site is outside reasonable com9 muting distance from the member’s residence;

10 or’’.

11 (c) RETIREMENT/SEPARATION FOR DISABILITY.—

12 Section 1204(2) of title 10, United States Code, is amend13 ed by striking out the semicolon at the end of the subpara14 graph and inserting the following: ‘‘or in line of duty while

15 remaining overnight, between successive periods of inac16 tive-duty training, at or in the vicinity of the site of the

17 inactive-duty training, and the site is outside reasonable

18 commuting distance from the member’s residence.’’.

19 (d) ENTITLEMENT TO BASIC PAY.—(1) Subsection

20 (g)(1) of section 204 of title 37, United States Code, is

21 amended—

22 (1) in subparagraph (B), by striking out ‘‘or’’

23 at the end of the subparagraph;
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1 (2) in subparagraph (C), by striking out the pe2 riod at the end of the subparagraph and inserting in

3 lieu thereof ‘‘; or’’; and

4 (3) by inserting after subparagraph (C) the fol5 lowing new subparagraph:

6 ‘‘(D) in line of duty while remaining over7 night, between successive periods of inactive8 duty training, at or in the vicinity of the site of

9 the inactive-duty training, and the site is out10 side reasonable commuting distance from the

11 member’s residence.’’.

12 (c) Subsection (h)(1) of such section is amended—

13 (1) in subparagraph (B) by striking out ‘‘or’’ at

14 the end of the subparagraph;

15 (2) in subparagraph (C), by striking out the pe16 riod at the end of the subparagraph and inserting in

17 lieu thereof ‘‘; or’’; and

18 (3) by inserting after subparagraph (C) the fol19 lowing new subparagraph:

20 ‘‘(D) in line of duty while remaining over21 night, between successive periods of inactive22 duty training, at or in the vicinity of the site of

23 the inactive-duty training, and the site is out24 side reasonable commuting distance from the

25 member’s residence.’’.
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1 (e) COMPENSATION FOR INACTIVE-DUTY TRAIN2 ING.—Section 206(a)(3) of title 37 is amended—

3 (1) in subparagraph (A) by striking out ‘‘or’’ at

4 the end of clause (ii);

5 (2) in subparagraph (B), by striking out the pe6 riod at the end of the subparagraph and inserting in

7 lieu thereof ‘‘; or’’; and

8 (3) by inserting after subparagraph (B) the fol9 lowing new subparagraph:

10 ‘‘(C) in line of duty while overnight, be11 tween successive periods of inactive-duty train12 ing, at or in the vicinity of the site of the inac13 tive-duty training, and the site is outside rea14 sonable commuting distance from the member’s

15 residence.’’.

16 TITLE XIII—ACQUISITION AND

17 RELATED MATTERS

18 SEC. 801. REPEAL OF PROCUREMENT TECHNICAL ASSIST19 ANCE COOPERATIVE AGREEMENT PROGRAM.

20 (a) REPEAL.—Chapter 142 of title 10, United States

21 Code, is hereby repealed.

22 (b) CONFORMING AMENDMENT.—Part IV of Subtitle

23 A of such title is amended by striking out in the table

24 of chapters at the beginning of such title the item refer25 ring to chapter 142.
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1 SEC. 802. CLARIFICATION OF AUTHORITY FOR REQ2 UISITIONING AND LEASE OF GENERAL SERV3 ICES VEHICLES FOR THE NATIONAL GUARD.

4 (a) IN GENERAL.—Chapter 7 of title 32, United

5 States Code, is amended by adding at the end the follow6 ing new section:

7 ‘‘§ 717. Requisitioning and Use of General Services

8 Administration Vehicles

9 ‘‘The training and administration of the National

10 Guard by the States, Territories, Puerto Rico, and the

11 District of Columbia, in accordance with this title and reg12 ulations prescribed under this title, shall be considered an

13 official government purpose for the purpose of requisition14 ing and use of government vehicles pursuant to section

15 211 of the Federal Property and Administrative Services

16 Act of 1949 (40 U.S.C. 491). The United States Property

17 and Fiscal Officer of the National Guard of the jurisdic18 tion concerned shall be considered an official of a req19 uisitioning agency for the purposes of section 211.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 7 of title 32 is amended by

22 inserting at the end the following new item:

‘‘717. Requisitioning and Use of General Services Administration Vehicles.’’.

23 SEC. 803. EXTENSION OF PILOT MENTOR PROGRAM.

24 Section 831(j)(2) of the National Defense Authoriza25 tion Act for Fiscal Year 1991 (Public Law 101–510; 10
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1 U.S.C. 2301 note) is amended by striking out ‘‘1996’’ and

2 inserting in lieu thereof ‘‘1998.’’

3 SEC. 804. EXTENSION AND REVISION OF AUTHORITY TO

4 ENTER INTO PROTOTYPE PROJECTS.

5 Section 845 of the National Defense Authorization

6 Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.

7 2371 note) is amended—

8 (1) in subsection (a) by inserting after ‘‘Agen9 cy’’ ‘‘, the Secretary of a military department or

10 other official designated by the Secretary of De11 fense’’;

12 (2) in subsection (c)—

13 (A) by striking ‘‘of the Director’’; and

14 (B) by striking ‘‘3 years after the date of

15 enactment of this Act’’ and inserting in lieu

16 thereof ‘‘on September 30, 1999.’’;

17 (3) by redesignating subsection (c) as sub18 section (d); and

19 (4) by inserting after subsection (b) the follow20 ing new subsection (c):

21 ‘‘(c) FOLLOW-ON.—Notwithstanding any other provi22 sion of law, the Secretary of Defense may conduct a fol23 low-on acquisition of any prototype or technology dem24 onstrator developed under the authority of this section uti-
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1 lizing such acquisition procedures as the Secretary deter2 mines appropriate.’’.

3 SEC. 805. REPEAL OF REPORTING REQUIREMENT REGARD4 ING RESEARCH PROJECTS AND INFUSION OF

5 CONFIDENTIALITY REQUIREMENT TO PRO6 TECT PROPRIETARY DATA.

7 (a) DEFINITION OF AGENCY RECORD.—Section

8 2371(h) of title 10, United States Code, is amended to

9 read as follows:

10 ‘‘(h) AGENCY RECORDS.—For a period of five years

11 from submission to the Department of Defense, the follow12 ing shall not be considered an ‘agency record’ for purposes

13 of section 552 of title 5, United States Code:

14 (1) Proposals, proposal abstracts, or supporting

15 documents submitted in a competitive or non-com16 petitive process leading to possible award of a coop17 erative agreement or other transaction, and;

18 (2) Business plans or technical information sub19 mitted on a confidential basis.’’.

20 (b) CONFORMING AMENDMENT.—Section 2371(i) of

21 such title 10 is amended—

22 (1) by striking ‘‘(i) COOPERATIVE RESEARCH

23 AND DEVELOPMENT AGREEMENTS UNDER STEVEN24 SON-WYDLER TECHNOLOGY INNOVATION ACT OF

25 1980.—’’;
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1 (2) by transferring subsection (i), as amended,

2 to chapter 139 of such title 10, redesignating it as

3 section 2374a of such chapter; and

4 (3) by inserting the following new heading for

5 the transferred section 2374a:

6 ‘‘§ 2374a. Cooperative research and development

7 agreements under Stevenson-Wydler

8 Technology Innovation Act of 1980’’;

9 and

10 (4) by amending the table of sections at the be11 ginning of chapter 139 of such title 10 by inserting

12 after the item relating to section 2374 the following

13 new item:

‘‘2374a. Cooperative research and development agreements under StevensonWydler Technology Innovation Act of 1980.’’.

14 SEC. 806. AUTHORITY FOR PAYMENTS FROM CANCELED AC15 COUNT FOR SHIPBUILDING AND CONVER16 SION TO BE MADE FROM PRIOR YEARS

17 ACCOUNT.

18 For purposes of section 1553(b) of title 31, United

19 States Code, any subdivision of appropriations made in

20 this Act and hereafter under the heading ‘‘Shipbuilding

21 and Conversion, Navy’’ shall be considered to be for the

22 same purpose as any subdivision under the heading ‘‘Ship23 building and Conversion, Navy’’ appropriations in any

24 prior year.
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1 SEC. 807. RELIANCE ON THE PRIVATE SECTOR FOR SUP2 PLIES AND SERVICES.

3 (a) IN GENERAL.—The Secretary of Defense shall

4 rely on the private sector, to the maximum extent prac5 ticable, for commercial or industrial type supplies and

6 services necessary for or beneficial to the accomplishment

7 of the authorized functions of the Department, except

8 when the Secretary or his designee determines, in his dis9 cretion, that the function should be performed by govern10 ment personnel.

11 (b) AUTHORITY.—Notwithstanding any provision of

12 title 10, United States Code, or any statute authorizing

13 appropriations for, or making appropriations for, the De14 partment of Defense, the Secretary may acquire by con15 tract from the private sector or any non-federal govern16 ment entities those commercial or industrial type supplies

17 and services necessary for or beneficial to the accomplish18 ment of the authorized functions of the Department. The

19 Secretary shall use the procurement procedures of chapter

20 137 of title 10, United States Code; however, when the

21 Secretary provides for the procurement of such supplies

22 and services using competitive procedures, the Secretary

23 may limit the place of performance to the location where

24 such supplies or services are being provided by federal gov25 ernment personnel when the Secretary determines it is in

26 the public interest.
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1 TITLE IX—ORGANIZATION AND

2 MANAGEMENT

3 SEC. 901. CHANGE IN NAME OF NORTH AMERICAN AIR DE4 FENSE COMMAND.

5 Section 162 of title 10, United States Code, is

6 amended by striking out ‘‘North American Air Defense

7 Command’’ each place it appears and inserting in lieu

8 thereof ‘‘United States Element, North American Aero9 space Defense Command’’.

10 SEC. 902. AMENDMENT TO BOARD MEMBERSHIP OF THE

11 AMMUNITION STORAGE BOARD.

12 Section 172(a) of title 10, United States Code, is

13 amended by inserting ‘‘composed’’ after ‘‘a joint board’’

14 and by inserting ‘‘, civilian employees of the Department

15 of Defense, or both’’ after ‘‘of officers’’.

16 SEC. 903. AMENDMENT TO THE FOREIGN TRADE ZONES

17 ACT TO REMOVE THE SECRETARY OF THE

18 ARMY FROM MEMBERSHIP ON THE FOREIGN

19 TRADE ZONE BOARD AND FOR OTHER

20 PURPOSES.

21 Subsection (b) of the first section of the Act of June

22 18, 1934 (Public Law Numbered 397, Seventy-third Con23 gress; 48 Stat. 998) (19 U.S.C. 81a)) is amended by—

24 (1) inserting the word ‘‘and’’ after ‘‘who shall

25 be chairman and executive officer of the Board’’;
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1 (2) striking out the comma after ‘‘the Secretary

2 of the Treasury’’ and inserting in lieu thereof a pe3 riod; and,

4 (3) striking out the phrase ‘‘and the Secretary

5 of the Army’’.

6 Subtitle B—Financial Management

7 SEC. 910. DEVOLUTION OF ENVIRONMENTAL RESTORATION

8 TRANSFER ACCOUNTS TO THE MILITARY DE9 PARTMENTS.

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

11 amended to read as follows:

12 ‘‘§ 2703. Environmental restoration transfer accounts

13 ‘‘(a) ESTABLISHMENT OF TRANSFER ACCOUNTS.—

14 ‘‘(1) ESTABLISHMENT.—There is hereby estab15 lished in the Department of Defense and in each of

16 the Military Departments, an account to be known

17 as the ‘‘Environmental Restoration Account’’ (here18 inafter in this section referred to as the ‘‘transfer

19 accounts’’). All sums appropriated to carry out the

20 functions of the Secretary of Defense and the Sec21 retaries of the Military Departments relating to en22 vironmental restoration under this chapter or to en23 vironmental restoration under any other provision of

24 law shall be appropriated to their respective transfer

25 accounts.
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1 ‘‘(2) REQUIREMENT OF AUTHORIZATION OF AP2 PROPRIATIONS.—No funds may be appropriated to

3 the transfer accounts unless such sums have been

4 specifically authorized by law.

5 ‘‘(3) AVAILABILITY OF FUNDS IN TRANSFER

6 ACCOUNTS.—Amounts appropriated to the transfer

7 accounts shall remain available until transferred

8 under subsection (b).

9 ‘‘(b) AUTHORITY TO TRANSFER TO OTHER AC10 COUNTS.—Amounts in their respective transfer accounts

11 shall be available to be transferred by the Secretary of

12 Defense or the Secretaries of the Military Departments

13 to any appropriation account or fund of their Departments

14 for obligation from that account or fund to which trans15 ferred.

16 ‘‘(c) OBLIGATION OF TRANSFERRED AMOUNTS.—

17 Funds transferred under subsection (b) may only be obli18 gated or expended from the account or fund to which

19 transferred in order to carry out the functions of the Sec20 retary of Defense or the Secretaries of the Military De21 partments under this chapter or environmental restoration

22 functions under any other provision of law.

23 ‘‘(d) BUDGET REPORTS.—In proposing the Budget

24 for any fiscal year pursuant to section 1105 of title 31,

25 the President shall set forth separately the amounts re-
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1 quested for environmental restoration programs for the

2 Department of Defense and the Military Departments

3 under this chapter or any other Act.

4 ‘‘(e) AMOUNTS RECOVERED UNDER CERCLA.—

5 Amounts recovered under section 107 of CERCLA for re6 sponse actions of the Secretary of Defense or a Secretary

7 of a Military Department shall be credited to their respec8 tive transfer account.

9 ‘‘(f) PAYMENTS OF FINES AND PENALTIES.—None

10 of the funds appropriated to the transfer account for fiscal

11 years 1995 through 1999 may be used for the payment

12 of a fine or penalty imposed against the Department of

13 Defense unless the act of omission for which the fine or

14 penalty is imposed arises out of an activity funded by the

15 transfer account.

16 ‘‘(g) CONFORMING AMENDMENT.—Reference to the

17 ‘Defense Environmental Restoration Account’ elsewhere in

18 the law shall be construed as referring to the ‘Environ19 mental Restoration Account’ of the Department of De20 fense and each of the military departments.’’.

21 SEC. 911. RECRUITING FUNCTIONS: USE OF FUNDS.

22 (a) AUTHORITY.—Chapter 31 of title 10, United

23 States Code, is amended by adding at the end the follow24 ing new section:
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1 ‘‘§ 520c. Recruiting functions: use of funds

2 ‘‘Under regulations prescribed by the Secretary con3 cerned, funds appropriated to the Department of Defense,

4 not to exceed $2,000,000 annually, may be expended for

5 small meals and snacks during recruiting functions for—

6 ‘‘(1) persons who have entered the Delayed

7 Entry Program under section 513 of this chapter or

8 other persons who are the subject of recruiting ef9 forts by the regular and reserve components;

10 ‘‘(2) influential persons in communities who as11 sist the military departments in their recruiting ef12 forts;

13 ‘‘(3) military or civilian personnel whose attend14 ance is mandatory at such functions.’’; and

15 ‘‘(4) other persons whose presence at recruiting

16 functions will contribute to recruiting efforts.’’

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘520c. Recruiting functions: use of funds.’’.
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1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE

4 BUDGET REQUEST FOR PROCUREMENT OF

5 RESERVE EQUIPMENT.

6 Section 114(e) of title 10, United States Code, is re7 pealed.

8 SEC. 1002. ACCEPTANCE OF SERVICES FOR DEFENSE PUR9 POSE (DEFENSE COOPERATION ACCOUNT).

10 Section 2608 of title 10, United States Code is

11 amended—

12 (1) in subsection (a) by inserting after ‘‘money’’

13 ‘‘, services,’’; and

14 (2) by amending subsection (k) to read as fol15 lows:

16 ‘‘(k) the Secretary of Defense is required to establish

17 written rules to carry out this section setting forth the

18 criteria to be used in determining whether the acceptance

19 of contributions of money, real property, personal prop20 erty, or services would reflect unfavorably upon the ability

21 of the Department of Defense or any employee to carry

22 out its responsibilities or official duties in a fair and objec23 tive manner, or would compromise the integrity or the ap24 pearance of integrity of its programs or any official in25 volved in those programs.’’.
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1 SEC. 1003. TRANSFER OF WILDLIFE CONSERVATION FEES

2 FROM CLOSED MILITARY INSTALLATIONS.

3 Section 101(b) of the Act of September 15, 1960

4 (commonly referred to as the ‘‘Sikes Act’’; 16 U.S.C.

5 670a) is amended by inserting before the period at the

6 end of clause (4)(B) the following: ‘‘, except when the mili7 tary reservation concerned is closed, in which case the fees

8 may be transferred to another military reservation for the

9 same purposes.’’.

10 SEC. 1004. DEPARTMENT OF DEFENSE DISBURSING OFFI11 CIAL CHECK CASHING AND EXCHANGE

12 TRANSACTIONS.

13 Section 3342(b) of title 31, United States Code, is

14 amended—

15 (1) by striking ‘‘and’’ at the end of subsection

16 (b)(5);

17 (2) by striking the period at the end of sub18 section (b)(6) inserting in lieu thereof ‘‘; or’’; and

19 (3) by adding at the end the following new

20 paragraph:

21 ‘‘(7) a United States-chartered Federal credit

22 union operating at DOD invitation in a foreign

23 country where contractor-operated military banking

24 facilities are not available.’’.
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1 SEC. 1005. DISPOSITION OF CERTAIN FUNDS ARISING OUT

2 OF THE SALE OF CERTAIN ASSETS AT

3 CLOSED MILITARY INSTALLATIONS.

4 (a) BASE CLOSURES UNDER 1988 ACT.—Section

5 204(b)(7) of the Defense Authorization Amendments and

6 Base Closure and Realignment Act (title II to Public Law

7 100–526, as amended; 10 U.S.C. 2687 note) is amend8 ed—

9 (1) by striking out subsection (C)(i) and insert10 ing in lieu thereof the following:

11 ‘‘(i) If any real property or facility ac12 quired, constructed, or improved (in whole

13 or in part) with commissary store funds or

14 nonappropriated funds is transferred or

15 disposed of in connection with the closure

16 or realignment of a military installation

17 under this part, a portion of the proceeds

18 of the transfer or other disposal of prop19 erty on that installation shall be deposited

20 as follows:

21 ‘‘(I) In the case of proceeds from

22 the transfer or other disposal of prop23 erty acquired, constructed, or im24 proved (in whole or in part) with com25 missary store funds, the applicable

26 portion shall be deposited in the com-
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1 missary surcharge fund established

2 pursuant to section 2685 of title 10,

3 United States Code.

4 ‘‘(II) In the case of proceeds

5 from the transfer or other disposal of

6 property acquired, constructed, or im7 proved (in whole or in part) with non8 appropriated funds, the applicable

9 portion shall be deposited in a De10 partment of Defense nonappropriated

11 fund account designated by the Sec12 retary.’’; and

13 (2) by redesignating subsection (C)(iii) as sub14 section (C)(iv) and inserting the following new sub15 section (C)(iii):

16 ‘‘(iii) The Secretary may use

17 amounts—

18 ‘‘(I) so deposited in the com19 missary surcharge fund for the pur20 pose of acquiring, constructing, and

21 improving commissary stores; and

22 ‘‘(II) so deposited in the non23 appropriated fund account designated

24 by the Secretary for the purpose of

25 acquiring, constructing, and improv-
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1 ing real property and facilities for

2 nonappropriated fund instrumental3 ities.’’.

4 (b) BASE CLOSURE UNDER 1990 ACT.—Section

5 2906 of the Defense Base Closure and Realignment Act

6 of 1990 (part A of title XXIX of Public Law 101–510,

7 as amended; 10 U.S.C. 2687 note) is amended—

8 (1) by striking out subsection (d)(1) and insert9 ing in lieu thereof the following:

10 ‘‘(1) If any real property or facility acquired,

11 constructed, or improved (in whole or in part) with

12 commissary store funds or nonappropriated funds is

13 transferred or disposed of in connection with the clo14 sure or realignment of a military installation under

15 this part, a portion of the proceeds of the transfer

16 or other disposal of property on that installation

17 shall be deposited as follows:

18 ‘‘(A) In the case of proceeds from the

19 transfer or other disposal of property acquired,

20 constructed, or improved (in whole or in part)

21 with commissary store funds, the applicable

22 portion shall be deposited in the commissary

23 surcharge fund established pursuant to 10

24 U.S.C. 2685.
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1 ‘‘(B) In the case of proceeds from the

2 transfer or other disposal of property acquired,

3 constructed, or improved (in whole or in part)

4 with nonappropriated funds, the applicable por5 tion shall be deposited in a Department of De6 fense nonappropriated fund account designated

7 by the Secretary.’’; and

8 (2) by striking out subsection (d)(3) and insert9 ing in lieu thereof the following:

10 ‘‘(3) The Secretary may use amounts—

11 ‘‘(A) so deposited in the commissary sur12 charge fund for the purpose of acquiring, con13 structing, and improving commissary stores;

14 and

15 ‘‘(B) so deposited in the nonappropriated

16 fund account designated by the Secretary for

17 the purpose of acquiring, constructing, and im18 proving real property and facilities for non19 appropriated fund instrumentalities.’’.

20 (c) BASE CLOSURES UNDER 1991 ACT.—Section

21 2921 of the National Defense Authorization Act for Fiscal

22 Year 1991 (Public Law 101–510, as amended; 10 U.S.C.

23 2687 note) is amended in subsection (d)(1)—

24 (1) by striking out ‘‘in the reserve account es25 tablished under section 204(b)(4)(C) of the Defense
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1 Authorization Amendments and Base Closure and

2 Realignment Act’’ and inserting in lieu thereof ‘‘in

3 the commissary surcharge fund established pursuant

4 to section 2685 of title 10 United States Code or in

5 a Department of Defense nonappropriated fund ac6 count designated by the Secretary of Defense, con7 sistent with the source of the funds’’; and

8 (2) by striking out the parenthetical ‘‘(in such

9 an aggregate amount as is provided in advance by

10 appropriation Acts)’’.

11 (d) DEFINITION OF PROCEEDS.—For subsections

12 (a), (b), and (c) above, the term ‘‘proceeds’’ is the amount

13 in excess of the depreciated value from the sale of com14 missary or nonappropriated fund assets.

15 Subtitle B—Civilian Personnel

16 SEC. 1010. CIVILIAN FACULTY MEMBERS AT CERTAIN DE17 PARTMENT OF DEFENSE SCHOOLS: EMPLOY18 MENT AND COMPENSATION, SECTION 1595(C)

19 OF TITLE 10, UNITED STATES CODE.

20 Section 1595(c) of title 10, United States Code, is

21 amended by inserting after paragraph (3) the following

22 new paragraph (4):

23 ‘‘(4) The English Language Center of the De24 fense Language Institute.’’.
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1 SEC. 1011. EMPLOYMENT AND COMPENSATION PROVISIONS

2 FOR FACULTY MEMBERS AND LEADERSHIP

3 OF THE ASIA-PACIFIC CENTER FOR SECURITY

4 STUDIES.

5 Section 1595 of title 10, United States Code, is

6 amended—

7 (1) in subsection (c) by adding at the end the

8 following new paragraph (4):

9 ‘‘(4) The Asia-Pacific Center for Security Stud10 ies.’’; and

11 (2) by adding at the end of the section the fol12 lowing new subsection (f):

13 ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DI14 RECTOR AT ASIA-PACIFIC CENTER FOR SECURITY STUD15 IES.—In the case of the Asia-Pacific Center for Security

16 Studies, this section also applies with respect to the Direc17 tor and the Deputy Director.’’.

18 SEC. 1012. EXCEPTED APPOINTMENT OF JUDICIAL NON-AT19 TORNEY STAFF IN THE UNITED STATES

20 COURT OF APPEALS FOR THE ARMED

21 FORCES.

22 Article 143(c) of the Uniform Code of Military Jus23 tice (10 U.S.C. 943(c)) is amended—

24 (1) in the catchline for the subsection by strik25 ing ‘‘attorney’’ and inserting in lieu thereof ‘‘cer26 tain’’; and
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1 (2) in paragraph (1) by inserting after ‘‘Court

2 of Appeals for the Armed Forces’’ ‘‘and non-attor3 ney positions established in a judge’s chambers’’.

4 SEC. 1013. CONVERSION OF MILITARY POSITIONS.

5 Section 1032 of the National Defense Authorization

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

7 429) is hereby repealed.

8 Subtitle C—Reporting

9 Requirements

10 SEC. 1020. NATIONAL GUARD AND RESERVE COMPONENT

11 EQUIPMENT: ANNUAL REPORT TO CONGRESS.

12 Section 10541(b)(5)(A) of title 10, United States

13 Code, is amended by striking out ‘‘, shown in accordance

14 with deployment schedules and requirements over succes15 sive 30-day periods following mobilization’’.

16 SEC. 1021. ANNUAL REPORT ON STRATEGIC DEFENSE INI17 TIATIVE.

18 Section 224 of the National Defense Authorization

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

20 note), is amended—

21 (1) by striking subsections (b)(3), (b)(4),

22 (b)(7), (b)(9) and (b)(10); and

23 (2) by redesignating subsections (b)(5), (b)(6),

24 and (b)(8), as (b)(3), (b)(4), and (b)(5), respectively.
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1 SEC. 1022. REPEAL OF REPORT ON CONTRACTOR REIM2 BURSEMENT COSTS.

3 Section 2706 of title 10, United States Code, is

4 amended by striking out subsection (c) and by redesignat5 ing subsection (d) as subsection (c), respectively.

6 SEC. 1023. REPEAL OF NOTICE REQUIREMENTS FOR SUB7 STANTIALLY OR SERIOUSLY AFFECTED PAR8 TIES IN DOWNSIZING EFFORTS.

9 Sections 4101 and 4201 of the National Defense Au10 thorization Act for Fiscal Year 1991 (Public Law 101–

11 510; 10 U.S.C. 2391 note) are hereby repealed.

12 Subtitle D—Matters Relating to

13 Other Nations

14 SEC. 1025. AUTHORIZATION FOR EXECUTION OF DEPART15 MENT OF DEFENSE DEMINING PROGRAM.

16 Section 401(c) of title 10, United States Code, is

17 amended—

18 (1) by redesignating paragraph (2) as para19 graph (3); and

20 (2) by inserting after paragraph (1) the follow21 ing new paragraph (2):

22 ‘‘(2) In providing the assistance described in

23 subsection (e)(5), such expenses for that assistance

24 may include—
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1 ‘‘(A) travel, transportation, and subsist2 ence expenses of personnel participating in such

3 activities; and

4 ‘‘(B) the cost of any equipment, supplies,

5 and services acquired for the purpose of carry6 ing out or supporting such activities, including

7 any equipment, supplies, or services transferred

8 or otherwise provided to a foreign country or

9 other organization in connection with the provi10 sion of assistance under this section.’’.

11 Subtitle E—Other Matters

12 SEC. 1030. NATIONAL DEFENSE TECHNOLOGY AND INDUS13 TRIAL BASE, DEFENSE REINVESTMENT, AND

14 DEFENSE CONVERSION.

15 (a) NATIONAL DEFENSE TECHNOLOGY AND INDUS16 TRIAL BASE COUNCIL.—Section 2502 of title 10, United

17 States Code, is amended by striking out subsection (c)(3).

18 (b) NATIONAL DEFENSE PROGRAM FOR ANALYSIS

19 OF THE TECHNOLOGY AND INDUSTRIAL BASE.—Section

20 2503 of title 10, United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by amending paragraph (1) to read as

23 follows:
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1 ‘‘(1) The Secretary of Defense shall establish a

2 program for analysis of national technology and in3 dustrial base issues, policies, and programs.’’; and

4 (B) by striking out paragraphs (2), (3),

5 and (4);

6 (2) by striking out subsection (b);

7 (3) by redesignating subsection (c) as sub8 section (b);

9 (4) in subsection (c)(3)(A)—

10 (A) by striking out ‘‘the National Defense

11 Technology and Industrial Base Council in’’;

12 and

13 (B) by striking out ‘‘and the periodic plans

14 required by section 2506 of this title.’’; and

15 (5) in subsection (c)(3), by striking subpara16 graph (C).

17 (c) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE:

18 PERIODIC DEFENSE CAPABILITY ASSESSMENTS.—Section

19 2505 of title 10, United States Code, is amended to read

20 as follows:

21 ‘‘§ 2505. National technology and industrial base:

22 periodic defense capability assessments

23 ‘‘(a) PERIODIC ASSESSMENT.—The Secretary of De24 fense shall, in consultation with the Secretary of Com25 merce, annually through fiscal year 1998, prepare selected
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1 assessments of the capability of the national technology

2 and industrial base to attain national security require3 ments.

4 ‘‘(b) ASSESSMENT PROCESS.—The Secretary of De5 fense shall take action to ensure that technology and in6 dustrial capability assessments prepared by the Depart7 ment will—

8 ‘‘(1) describe sectors and their underlying infra9 structure;

10 ‘‘(2) analyze economic and financial strengths

11 of sectors, especially those portions that might be af12 fected by defense program reductions; and

13 ‘‘(3) identify technological and industrial capa14 bilities of concern.

15 ‘‘(c) INTEGRATED PROCESS.—The Secretary of De16 fense shall ensure that the technology and industrial base

17 assessments are integrated into the Department of De18 fense’s overall budget, acquisition, and logistics decision19 making processes.’’.

20 (d) DEPARTMENT OF DEFENSE TECHNOLOGY AND

21 INDUSTRIAL BASE POLICY AND OVERSIGHT.—Section

22 2506 of title 10, United States Code, is amended to read

23 as follows:
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1 ‘‘§ 2506. Department of Defense technology and in2 dustrial base policy and oversight

3 ‘‘(a) DEPARTMENTAL GUIDANCE.—The Secretary of

4 Defense shall prescribe Departmental guidance appro5 priate to implement the national security objectives of the

6 President. The Secretary should also provide for senior7 level Departmental oversight to ensure that technological

8 and industrial capability issues are integrated into key de9 cision processes for budget allocation, weapons acquisition,

10 and logistics support.

11 ‘‘(b) REPORT TO CONGRESS.—The Secretary of De12 fense shall report on the Department’s implementation of

13 Departmental guidance in the annual report to Congress

14 prepared pursuant to section 2508 of this title.’’.

15 (e) ANNUAL REPORT TO CONGRESS.—Subchapter II

16 of chapter 148 of title 10, United States Code, is amended

17 by inserting after section 2507 the following new section:

18 ‘‘§ 2508. Annual report to Congress

19 ‘‘(a) The Secretary of Defense shall transmit an an20 nual report to Congress in March 1997 and March 1998

21 which shall include the following:

22 ‘‘(1) A description of the Department’s guid23 ance prepared pursuant to section 2506 of this title.

24 ‘‘(2) A description of the various methods and

25 analysis being undertaken to address technological

26 and industrial concerns.
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1 ‘‘(3) A description of the assessments used to

2 develop the Department’s annual budget submission.

3 ‘‘(4) Identification of any programs designed to

4 sustain essential technology and industrial capabili5 ties.’’.

6 (f) ENCOURAGEMENT OF TECHNOLOGY TRANS7 FER.—Section 2514(c) of title 10, United States Code, is

8 amended by striking out paragraph (5).

9 (g) MILITARY-CIVILIAN INTEGRATION AND TECH10 NOLOGY TRANSFER ADVISORY BOARD.—Section 2516 of

11 title 10, United States Code, is amended—

12 (1) by striking out ‘‘National Defense Tech13 nology and Industrial Base Council’’ each place it

14 appears and inserting in lieu thereof in each in15 stance ‘‘Secretary of Defense’’; and

16 (2) by striking out ‘‘Council’’ each place it ap17 pears and inserting in lieu thereof in each instance

18 ‘‘Secretary’’.

19 (h) NATIONAL DEFENSE MANUFACTURING TECH20 NOLOGY PROGRAM.—Section 2521 of title 10, United

21 States Code, is amended—

22 (1) by striking out subsection (b); and

23 (2) by redesignating subsection (c) as sub24 section (b).
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1 (i) CONFORMING AMENDMENTS.—Sections 4218,

2 4219, and 4220 of the National Defense Authorization

3 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

4 2501 note, 2505 note, and 2506 note) are repealed.

5 (j) CLERICAL AMENDMENTS.—The table of sections

6 at the beginning of Subchapter II of chapter 148 of title

7 10, United States Code, is amended—

8 (1) by amending the item relating to section

9 2506 to read as follows:

‘‘2506. Department of Defense technology and industrial base policy and oversight.’’;

10 and

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

12 item:

‘‘2508. Annual report to Congress.’’.

13 SEC. 1031. RESTORATION OF AUTHORITY FOR CERTAIN

14 INTRAGOVERNMENT TRANSFERS IN THE

15 BASE CLOSURE AND REALIGNMENT PROC16 ESS.

17 Section 204(b)(2 of the Defense Authorization

18 Amendments and Base Closure and Realignment Act of

19 1988 (Public Law 100–256; 10 U.S.C. 2687 note), is

20 amended—

21 (1) by redesignating subparagraphs (D) and

22 (E) as (E) and (F); and
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1 (2) by inserting before subparagraph (E), as re2 designated, the following new subparagraph:

3 ‘‘(D) The Secretary of Defense may trans4 fer real property or facilities located at a mili5 tary installation to be closed or realigned under

6 this part, with or without reimbursement, to a

7 military department or other entity (including a

8 nonappropriated fund instrumentality) within

9 the Department of Defense or the Coast

10 Guard.’’.

11 SEC. 1032. CONVEYANCE OF PRIMATE RESEARCH COMPLEX

12 AND AIR FORCE OWNED CHIMPANZEES.

13 (a) CONVEYANCE AUTHORIZED.—The provisions of

14 the Federal Property and Administrative Services Act of

15 1949, as amended, and its implementing regulations not16 withstanding, the Secretary of the Air Force may, on a

17 competitive basis, dispose of all right, title, and interest

18 of the United States in and to the primate research com19 plex at Holloman Air Force Base and the colony of Air

20 Force owned chimpanzees housed at or managed from the

21 complex. Such conveyance shall only be of Air Force

22 owned facilities and Air Force owned chimpanzees and

23 shall not include the underlying real property. The convey24 ance shall be at no cost to the Air Force. The Secretary

25 shall, with the cooperation of the Department of Agri-
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1 culture and the National Institutes of Health, develop the

2 standards of care and use to be required by the solicitation

3 of proposals to receive the primary research complex and

4 chimpanzees.

5 (b) CONDITIONS OF CONVEYANCE.—The conveyance

6 instrument shall require that the grantee utilize the chim7 panzees for specific research, medical research, or retire8 ment and provide adequate care for the chimpanzees. The

9 conveyance shall be subject to any existing leases of the

10 subject property.

11 (c) DESCRIPTION OF PROPERTY.—The exact legal

12 description of the property to be conveyed under sub13 section (a) shall be determined by a survey or study that

14 is satisfactory to the Secretary. The cost of such survey

15 or study shall be borne by the recipient of the property.

16 (d) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection

19 (a) as the Secretary considers appropriate to protect the

20 interests of the United States.

21 SEC. 1033. CHEMICAL DEMILITARIZATION CITIZENS ADVI22 SORY COMMISSIONS.

23 Sections 172(b) and 172(f) of the National Defense

24 Authorization Act for Fiscal Year 1993 (Public Law 102–

25 484; 106 Stat. 2341) are amended by striking out ‘‘(In-
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1 stallations, Logistics and Environment)’’ and inserting in

2 lieu thereof ‘‘(Research, Development and Acquisition)’’.

3 SEC. 1034. TRANSFER OF EXCESS PERSONAL PROPERTY TO

4 SUPPORT LAW ENFORCEMENT AGENCIES.

5 Section 1208 of the National Defense Authorization

6 Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note)

7 is amended by striking out subsection (c).

8 SEC. 1035. AUTHORITY OF A RESERVE JUDGE ADVOCATE

9 OR LAW SPECIALIST TO ACT AS A NOTARY

10 PUBLIC.

11 (a) AUTHORITY TO INCLUDE RESERVE LAWYERS OF

12 THE ARMED FORCES.—Section 1044a(b) of title 10, Unit13 ed States Code, is amended—

14 (1) in paragraph (1) by striking ‘‘on active duty

15 or performing inactive-duty for training’’ and insert16 ing in lieu thereof ‘‘of the armed forces, including

17 reserve judge advocates not on active duty’’;

18 (2) by redesignating paragraphs (2), (3), and

19 (4) as paragraphs (3), (4), and (5), respectively;

20 (3) by inserting after paragraph (1) the follow21 ing new paragraph (2):

22 ‘‘(2) All Coast Guard law specialists of the

23 armed forces, including Coast Guard reserve law

24 specialists.’’;
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1 (4) in paragraph (4), as redesignated by this

2 section, by striking out ‘‘adjutants on active duty or

3 performing inactive-duty training’’ and inserting in

4 lieu thereof ‘‘adjutants, including reserve members

5 not on active duty’’; and

6 (5) in paragraph (5), as redesignated by this

7 section, by striking ‘‘persons on active duty or per8 forming inactive-duty training’’ and inserting in lieu

9 thereof ‘‘members of the armed forces, including re10 serve members not on active duty,’’.

11 (b) CURATIVE AUTHORITY.—All notarial acts per12 formed prior the enactment of this Act, the validity of

13 which have not been challenged or negated in a case pend14 ing before or decided by a court or administrative agency

15 of competent jurisdiction, on or before the date of enact16 ment of this Act, are hereby confirmed, ratified, and ap17 proved with full effect, as if such acts were preformed sub18 sequent to the enactment of this Act.

19 SEC. 1036. CONTROL OF TRANSPORTATION SYSTEMS IN

20 TIME OF WAR.

21 (a) TRANSFER OF ARMY SECTION TO GENERAL

22 MILITARY LAW SECTION AND SHIFT RESPONSIBILITY TO

23 SECRETARY OF DEFENSE.—Section 4742 of title 10,

24 United States Code, is transferred to chapter 157, in25 serted at the end, redesignated as section 2643, and
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1 amended by striking ‘‘the Secretary of the Army’’ insert2 ing in lieu thereof ‘‘the Secretary of Defense’’.

3 (b) CONFORMING REPEAL OF AIR FORCE PROVI4 SION.—Section 9742 of such title 10 is hereby repealed.

5 (c) CLERICAL AMENDMENTS.—(1) the table of sec6 tions at the beginning of chapter 447 of such title 10 is

7 amended by striking the item relating to section 4742.

8 (2) The table of sections at the beginning of chapter

9 947 of such title 10 is amended by striking the item relat10 ing to section 9742.

11 (3) The table of sections at the beginning of chapter

12 157 of such title 10 is amended by inserting after the item

13 relating to section 2642 the following new item:

‘‘2643. Control of transportation systems in time of war.’’.

14 SEC. 1037. TO CLARIFY THAT THE SOLDIERS’ AND SAILORS’

15 CIVIL RELIEF ACT DOES NOT TOLL THE PE16 RIOD OF LIMITATIONS FOR FILING CLAIMS

17 FOR CORRECTIONS OF MILITARY RECORDS.

18 Section 1552(b) of title 10, United States Code, is

19 amended by adding at the end the following two new sen20 tences: ‘‘Such board shall consider the claimant’s military

21 service, and its effect on the claimant’s ability to file a

22 claim. That military service shall not toll the period pre23 scribed by this subsection for the filing of a request for

24 correction of records, notwithstanding the provisions of

25 section 205 of the Soldiers’ and Sailors’ Civil Relief Act
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1 of 1040 (50 U.S.C. App. 525), or any other provision of

2 law.’’.

3 SEC. 1038. REDESIGNATION OF OFFICE OF NAVAL RECORDS

4 AND HISTORY GIFT FUND TO NAVAL HISTORI5 CAL CENTER FUND.

6 Section 7222 of title 10, United States Code, is

7 amended—

8 (1) by striking out ‘‘Naval Records and History

9 gift fund’’ in the catchline for such section inserting

10 in lieu thereof ‘‘Naval Historical Center Fund’’; and

11 (2) by striking out in subsections (a) and (c)

12 ‘‘Office of Naval Records and History’’ each place

13 such phrase occurs, and inserting in lieu thereof, in

14 each instance ‘‘Naval Historical Center’’.

15 SEC. 1039. GEORGE C. MARSHALL EUROPEAN CENTER FOR

16 STRATEGIC SECURITY STUDIES: RELATIONS

17 WITH OTHER NATIONS.

18 (a) USE OF CONTRIBUTIONS.—The Secretary of De19 fense may accept, on behalf of the George C. Marshall Eu20 ropean Center for Security Studies, pecuniary or service

21 contributions from foreign nations to defray the cost of,

22 or enhance, the George C. Marshall European Center for

23 Security Studies operations. These contributions may in24 clude guest lecturers, faculty services, research materials,
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1 and other donations through foundations, or similar

2 sources.

3 (b) MARSHALL CENTER ATTENDANCE.—The Sec4 retary of Defense may authorize participation in Marshall

5 Center programs of European or Eurasian nations that

6 otherwise would be prohibited by law, if he determines,

7 after consultation with the Department of State, that it

8 is in the national interest of the United States.

9 (c) MARSHALL CENTER BOARD OF VISITORS.—The

10 Secretary of Defense may waive the requirement for finan11 cial disclosure for any dignitary invited to serve without

12 compensation on the Marshall Center Board of Visitors.

13 Any foreign dignitary invited to serve on the Board by

14 the Secretary is exempt, for the specific purpose of serving

15 on the Board of Visitors, from registering as a foreign

16 agent. These two provisions apply only while such dig17 nitary is serving in the capacity of a Board member. If

18 a Board member is engaged in any other activities outside

19 of the Marshall Center Board of Visitors, foreign registra20 tion and financial disclosure is required as prescribed by

21 law.

22 SEC. 1040. TRANSFER OF LANDS RELATED TO ARLINGTON

23 NATIONAL CEMETERY

24 (a) The Secretary of the Interior shall transfer to the

25 Secretary of the Army all lands in the area of Section 29
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1 of the National Park System known as the Arlington Na2 tional Cemetery Interment Zone and all those lands in the

3 area of Section 29 known as the Robert E. Lee Memorial

4 Preservation Zone except those lands in the Preservation

5 Zone that the Secretary of the Interior determines must

6 be retained because of their historical significance. The

7 exact acreage and legal descriptions of the lands to be

8 transferred pursuant to this subsection shall be deter9 mined by surveys that are satisfactory to both Secretaries.

10 The transfer of these lands shall be carried out in accord11 ance with the Interagency Agreement entered into by the

12 Departments of Army and Interior on February 22, 1995.

13 (b) The Secretary of the Interior shall transfer to the

14 Secretary of the Army a parcel of land, and improvements

15 thereon, containing 2.43 acres more or less, being a por16 tion of the Memorial Drive entrance area to Arlington Na17 tional Cemetery, and the Secretary of the Army shall

18 transfer to the Secretary of the Interior a certain parcel

19 of land, and improvements thereon, known as the Old Ad20 ministrative Building site, and a perpetual right of ingress

21 and egress thereto, containing 0.17 of an acre, being part

22 of the original reservation of the Arlington National Ceme23 tery. The exact acreage and legal descriptions of the lands

24 to be transferred pursuant to this subsection shall be de25 termined by surveys satisfactory to both Secretaries. The
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1 costs of any surveys undertaken pursuant to this sub2 section shall be borne by the Department of the Army.

3 SEC. 1041. TRANSPORTATION BY COMMISSARIES AND EX4 CHANGES TO OVERSEAS LOCATIONS.

5 (a) IN GENERAL.—Chapter 157 of title 10, United

6 States Code, is amended by repealing section 2643.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter 157 is amended by strik9 ing the following item:

‘‘2643. Commissary and exchange services: transportation overseas.’’.

10 SEC. 1042. AUTHORITY FOR THE SECRETARY OF DEFENSE

11 TO ENTER INTO COOPERATIVE AGREEMENTS

12 FOR THE MANAGEMENT OF CULTURAL RE13 SOURCES ON MILITARY INSTALLATIONS.

14 Chapter 159 of title 10, United States Code, is

15 amended—

16 (1) by adding the following new section at the

17 end:

18 ‘‘§ 2694. Cooperative Agreements for the management

19 of cultural resources

20 ‘‘(a) AUTHORITY.—The Secretary of Defense or the

21 Secretary of a Military Department may enter into cooper22 ative agreements with States, local governments, or other

23 entities upon such terms considered in the public interest

24 for the preservation, management, maintenance, research,
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1 and improvement of cultural resources on military instal2 lations.

3 ‘‘(b) CONTENT OF AGREEMENTS.—A cooperative

4 agreement entered into under this section shall be subject

5 to the availability of funds and shall not be considered,

6 nor treated as, a cooperative agreement to which chapter

7 63 of title 31, United States Code, applies, and shall not

8 subject to section 1535, of such title, provide for the Sec9 retary of Defense and the other party or parties to the

10 agreement.

11 ‘‘(c) DEFINITION.—For the purpose of this section,

12 the term ‘cultural resource’ means any building, structure,

13 site, district, and object eligible for or included in the Na14 tional Register of Historic Places (16 U.S.C. 470a); a cul15 tural item as defined by section 2(3) of the Native Amer16 ican Graves Protection and Repatriation Act (104 Stat.

17 3048); an archaeological resource as defined by section 3

18 of the Archaeological Resources Protection Act of 1979

19 (16 U.S.C. 470bb(1)); and archaeological artifact collec20 tions and associated records as defined by section 79 of

21 title 36, Code of Federal Regulations 79.’’; and

22 (2) by amending the table of sections for such

23 Chapter 159 by inserting after the item relating to

24 section 2693 the following new item:

‘‘2694. Cooperative Agreements for the management of cultural resources.’’.
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1 SEC. 1043. MEDAL OF HONOR FOR AFRICAN AMERICAN

2 SOLDIERS WHO SERVED IN WORLD WAR II.

3 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not4 withstanding the time limitations in section 3744(b) of

5 title 10, United States Code, or any other time limitation,

6 the President may award the Medal of Honor to each per7 son identified in subsection (b), each of whom distin8 guished himself conspicuously by gallantry and intrepidity

9 at the risk of his life above and beyond the call of duty

10 while serving in the United States Army during World

11 War II.

12 (b) AFRICAN-AMERICANS TO RECEIVE THE MEDAL

13 OF HONOR.—

14 (1) Vernon J. Baker, who served as a first lieu15 tenant in the 370th Infantry Regiment, 92nd Infan16 try Division.

17 (2) Edward A. Carter, who served as a staff

18 sergeant in the 56th Armored Infantry Battalion,

19 Twelfth Armored Division.

20 (3) John R. Fox, who served as a first lieuten21 ant in the 366th Infantry Regiment, 92nd Infantry

22 Division.

23 (4) Willy F. James, Jr., who served as a private

24 first class in the 413th Infantry Regiment, 104th

25 Infantry Division.
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1 (5) Ruben Rivers, who served as a staff ser2 geant in the 761st Tank Battalion.

3 (6) Charles L. Thomas, who served as a first

4 lieutenant in the 614th Tank Destroyer Battalion.

5 (7) George Watson, who served as a private in

6 the 29th Quartermaster Regiment.

7 (c) POSTHUMOUS AWARD.—The Medal of Honor may

8 be awarded under this section posthumously, as provided

9 in section 3752 of title 10, United States Code.

10 (d) PRIOR AWARD.—The Medal of Honor may be

11 awarded under this section for service for which a Distin12 guished Service Cross, or other award, has been awarded.

13 SEC. 1044. PRESIDENTIAL INAUGURATION ASSISTANCE.

14 (a) IN GENERAL.—Section 2543 of title 10, United

15 States Code, is amended to read as follows:

16 ‘‘§ 2543. Presidential Inaugural Assistance

17 ‘‘(a) FURNISHING OF MATERIALS, SUPPLIES, AND

18 SERVICES.—Notwithstanding any other provision of law,

19 the Secretary of Defense may lend materials and supplies,

20 and provide, on a reimbursable or nonreimbursable basis,

21 materials, supplies, and services of personnel—

22 ‘‘(1) to the Inaugural Committee established

23 under the first section of the Presidential Inaugural

24 Ceremonies Act (36 U.S.C. 721); and
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1 ‘‘(2) to the joint committee of the Senate and

2 House of Representatives described in section 9 of

3 that Act (36 U.S.C. 729).

4 ‘‘(b) TERMS OF ASSISTANCE.—Assistance under sub5 section (a) shall be loaned or provided in such manner as

6 the Secretary of Defense determines to be appropriate and

7 under such conditions as the Secretary may prescribe.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of subchapter II, chapter 152 of such

10 title is amended to read as follows:

‘‘2543. Presidential Inauguration Assistance.’’.

11 SEC. 1045. TO WITHDRAW AND RESERVE CERTAIN PUBLIC

12 LANDS IN THE STATE OF CALIFORNIA UTI13 LIZED IN THE MISSION OF THE NAVAL AIR

14 FACILITY, EL CENTRO, CALIFORNIA

15 (a) FINDINGS.—(1) The Federal lands within the

16 desert regions of California have provided essential oppor17 tunities for military training, research, and development

18 for the Armed Forces of the United States and allied na19 tions.

20 (2) Alternative sites for military training and other

21 military activities carried out on Federal lands in the Cali22 fornia desert area are not readily available.

23 (3) While changing world conditions have lessened to

24 some extent the immediacy of military threats to the na25 tional security of the United States and its allies, there
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1 remains a need for military training, research, and devel2 opment activities of the types that have been carried out

3 on Federal lands in the California desert area.

4 (4) Continuation of existing military training, re5 search, and development activities, under appropriate

6 terms and conditions, is not incompatible with the protec7 tion and proper management of the natural, environ8 mental, cultural, and other resources and values of the

9 federal lands in the California desert area.

10 (b) EL CENTRO RANGES WITHDRAWAL.—

11 (1) WITHDRAWAL.—Subject to valid existing

12 rights and except as otherwise provided in this Au13 thority, the Federal lands utilized in the mission of

14 the Naval Air Facility, El Centro, California (herein15 after ‘‘El Centro’’) that are referred to in paragraph

16 (2) of this section, and all other areas within the

17 boundaries of such lands as depicted on the maps

18 specified in this section which may become subject to

19 the operation of the public land laws, are hereby

20 withdrawn from all forms of appropriation under the

21 public land laws including the mining laws, but not

22 the mineral leasing or geothermal leasing laws or the

23 mineral materials sales laws. The lands withdrawn

24 are reserved for the use by the Secretary of the

25 Navy for—
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1 (A) defense-related purposes in accordance

2 with the Cooperative Agreement dated June 29,

3 1987, among the Bureau of Land Management,

4 the Bureau of Reclamation, and the Depart5 ment of the Navy; and

6 (B) subject to the provisions of subsection

7 4(c)(2), other defense-related purposes consist8 ent with the purposes specified in that sub9 section.

10 (2) AFFECTED LANDS.—The lands withdrawn

11 and reserved by paragraph (1) of this section are the

12 Federal lands comprising approximately 46,600

13 acres in Imperial County, California, as generally de14 picted in part on a map entitled ‘‘Exhibit A, Naval

15 Air Facility, El Centro, California, Land Acquisition

16 Map, Range 2510 (West Mesa)’’, dated March 1993;

17 and, in part, on a map entitled ‘‘Exhibit B, Naval

18 Air Facility, El Centro, California, Land Acquisition

19 Map, Range 2512 (East Mesa)’’, dated March 1993.

20 (c) MAPS AND LEGAL DESCRIPTION.—

21 (1) PUBLICATION AND FILING REQUIRE22 MENTS.—As soon as practicable after the date of en23 actment of this Act, the Secretary of the Interior

24 shall—
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1 (A) publish in the Federal Register a no2 tice containing the legal description of the lands

3 withdrawn and reserved by this Authority; and

4 (B) file the maps and legal description of

5 the lands withdrawn and reserved by this Au6 thority with the Committee on Energy and Nat7 ural Resources of the United States Senate and

8 with the Committee on Resources of the United

9 States House of Representatives.

10 (2) TECHNICAL CORRECTIONS.—Such maps

11 and legal description shall have the same force and

12 effect as if they were included in this Authority: Pro13 vided, That the Secretary of the Interior may correct

14 clerical and typographical errors in such maps and

15 legal description.

16 (3) AVAILABILITY FOR PUBLIC INSPECTION.—

17 Copies of the maps and legal description shall be

18 available for public inspection in the Office of the

19 State Director, California State Office of the Bureau

20 of Land Management, Sacramento, California; Of21 fice of the District Manager, California Desert Dis22 trict Office of the Bureau of Land Management,

23 Riverside, California; and the Office of the Com24 manding Officer, Marine Corps Air Station, Yuma,

25 Arizona.
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1 (4) REIMBURSEMENT.—The Secretary of the

2 Navy shall reimburse the Secretary of the Interior

3 for the costs of implementing this section.

4 (d) MANAGEMENT OF WITHDRAWN LAND.—

5 (1) COOPERATIVE AGREEMENT.—The lands and

6 resources shall be managed in accordance with the

7 Cooperative Agreement dated June 29, 1987, among

8 the Bureau of Land Management, the Bureau of

9 Reclamation, and the Department of the Navy as re10 vised to conform with provisions of this authority.

11 This Cooperative Agreement shall be reviewed for

12 conformance with this authority and amended, if ap13 propriate, within 120 days after enactment of this

14 authority. The term of the Cooperative Agreement

15 shall be amended so that its duration is at least

16 equal to the duration of the withdrawal made by

17 subsection (e) of this authority. The Cooperative

18 Agreement may be reviewed and amended by the

19 managing agencies as necessary.

20 (2) MANAGEMENT BY THE SECRETARY OF THE

21 INTERIOR.—

22 (A) During the period of withdrawal, the

23 Secretary of the Interior shall manage the lands

24 withdrawn under section 2 pursuant to the

25 Federal Land Policy and Management Act of
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1 1976 (43 U.S.C. 1701 et seq.) and other appli2 cable laws including this authority.

3 (B) To the extent consistent with applica4 ble laws, Executive orders, and the Cooperative

5 Agreement referred to in subsection 4(a), the

6 lands withdrawn and reserved under this au7 thority may be managed in a manner permit8 ting—

9 (i) protection of wildlife and wildlife

10 habitat;

11 (ii) control of predatory and other

12 animals;

13 (iii) the prevention and appropriate

14 suppression of brush and range fires re15 sulting from nonmilitary activities; and

16 (iv) geothermal leasing and develop17 ment and related power production, min18 eral leasing and development, and mineral

19 material sales.

20 (C) The Secretary of the Interior shall

21 manage such lands, in coordination with the

22 Secretary of the Navy, such that:

23 (i) All nonmilitary use of such lands,

24 including the uses described in clause (ii),

25 shall be subject to such conditions and re-
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1 strictions as may be necessary to permit

2 the military use of such lands for the pur3 poses specified in or authorized pursuant

4 to this authority.

5 (ii) The Secretary of the Interior may

6 issue any lease, easement, right-of-way, or

7 other authorization with respect to the

8 nonmilitary use of such lands only with the

9 concurrence of the Secretary of the Navy

10 and under the terms of the Cooperative

11 Agreement referred to in paragraph (d)(1).

12 (3) MANAGEMENT BY THE SECRETARY OF THE

13 NAVY.—

14 (A) CLOSURE TO PUBLIC.—

15 (i) If the Secretary of the Navy deter16 mines that military operations, public safe17 ty, or national security require the closure

18 to public use of any road, trail, or other

19 portion of the lands withdrawn and re20 served by this authority, the Secretary of

21 the Navy may take such actions as deter22 mined necessary or desirable to effect and

23 maintain such closure.

24 (ii) Any such closure shall be limited

25 to the minimum areas and periods which
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1 the Secretary of the Navy determines are

2 required to carry out this subsection.

3 (iii) Before and during any closure

4 under the subsection, the Secretary of the

5 Navy shall—

6 (I) keep appropriate warning no7 tices posted and

8 (II) take appropriate steps to no9 tify the public concerning such clo10 sures.

11 (B) ADDITIONAL MILITARY USES.—Lands

12 withdrawn by subsection (b) may be used for

13 defense-related uses other than those specified

14 in such section. The Secretary of the Navy shall

15 promptly notify the Secretary of the Interior in

16 the event that the lands withdrawn by this au17 thority will be used for defense-related purposes

18 other than those specified in the Cooperative

19 Agreement referenced in paragraph (b)(1)(A).

20 Such notification shall indicate the additional

21 use or uses involved, the proposed duration of

22 such uses, and the extent to which such addi23 tional military uses of the withdrawn lands will

24 require that additional or more stringent condi25 tions or restrictions be imposed on otherwise-
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1 permitted nonmilitary uses of withdrawn lands

2 or portions thereof.

3 (e) DURATION OF WITHDRAWAL.—The withdrawal

4 and reservation established by this authority shall termi5 nate 25 years after the date of enactment of this section.

6 (f) ONGOING DECONTAMINATION.—Throughout the

7 duration of the withdrawal and reservation made by this

8 authority, and subject to the availability of funding, the

9 Secretary of the Navy shall maintain a program of decon10 tamination of lands withdrawn under this authority at

11 least at the level of decontamination activities performed

12 on such lands in fiscal year 1995, subject to other provi13 sions of law including the Federal Facilities Compliance

14 Act (106 Stat. 1505, et seq.) and the Defense Environ15 mental Restoration Program (10 U.S.C. 1701 et seq.).

16 (g) REQUIREMENTS FOR EXTENSION.—

17 (1) NOTICE AND FILING.—(A) No later than 5

18 years prior to the termination of the withdrawal and

19 reservation established under this authority, the Sec20 retary of the Navy shall advise the Secretary of the

21 Interior as to whether or not the Navy has a con22 tinuing military need for any or all of the lands

23 withdrawn by this authority after the termination

24 date of such withdrawal and reservation as specified

25 in this authority.
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1 (B) If the Secretary of the Navy determines

2 that there will be a continuing military need for any

3 or all of the lands after the withdrawal termination

4 date specified in this authority, the Secretary of the

5 Navy shall file an application for extension of the

6 withdrawal and reservation of the lands in accord7 ance with the then existing regulations and proce8 dures of the Department of the Interior applicable

9 to extension of withdrawal of lands for military pur10 poses and that are consistent with this authority.

11 Such application shall be filed with the Department

12 of the Interior no later than four years prior to the

13 withdrawal termination date as specified in this sec14 tion.

15 (2) EXTENSIONS.—The withdrawal and res16 ervation established by this authority may not be ex17 tended except by an Act or Joint Resolution of the

18 Congress.

19 (h) REQUIREMENTS FOR RELINQUISHMENT.—

20 (1) NOTICE AND FILING.—If, during the period

21 of withdrawal and reservation, the Secretary of the

22 Navy decides to relinquish any or all of the lands

23 withdrawn and reserved by this section, the Sec24 retary shall file a notice of intention to relinquish

25 with the Secretary of the Interior.
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1 (2) CONTAMINATION.—(A) Prior to the filing of

2 a notice of intention to relinquish pursuant to sub3 section (h)(1), the Secretary of the Navy, in con4 sultation with the Secretary of the Interior, shall

5 prepare a written determination concerning whether

6 and to what extent the lands are contaminated with

7 explosive, toxic, or other hazardous wastes and sub8 stances.

9 (B) A copy of such determination shall be

10 transmitted with the notice of intention to relin11 quish.

12 (3) DECONTAMINATION/REMEDIATION.—If any

13 land which is the subject of a notice of intention to

14 relinquish pursuant to paragraph (h)(1) is contami15 nated and the Secretary of the Interior, in consulta16 tion with the Secretary of the Navy, determines that

17 decontamination/remediation is practicable and eco18 nomically feasible, taking into consideration the in19 tended future uses and potential value of the land,

20 and that upon decontamination/remediation, the

21 land could be opened to the operation of some or all

22 of the public land laws, including the mining laws,

23 the Secretary of the Navy shall decontaminate/reme24 diate the land to the extent that funds are author25 ized and appropriated for such purpose and subject
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1 to provisions of applicable laws and regulations, in2 cluding the Defense Environmental Restoration Pro3 gram (10 U.S.C. § 2701 et seq.), the Comprehensive

4 Environmental Response Compensation and Liability

5 Act (42 U.S.C. § 9601 et seq.), and the Solid Waste

6 Disposal Act as amended by the Resource Conserva7 tion and Recovery Act of 1976 (42 U.S.C. § 6901 et

8 seq.).

9 (4) ALTERNATIVES.—If the Secretaries of the

10 Navy and the Interior determine either that decon11 tamination/remediation of any or all of the lands

12 proposed for relinquishment is not practicable or

13 economically feasible, or that the lands cannot be de14 contaminated/remediated sufficiently to allow them

15 to be opened to the operation of the public land

16 laws, or if Congress declines to appropriate funds for

17 decontamination/remediation of the lands, the Sec18 retary of the Interior shall not be required to accept

19 the lands proposed for relinquishment.

20 (5) STATUS OF CONTAMINATED LANDS.—(A)

21 If, because of the condition of the lands, the Sec22 retary of the Interior declines to accept jurisdiction

23 of the lands proposed for relinquishment pursuant to

24 paragraph (1), or if, at the expiration of the with25 drawal made by this authority, the Secretary of the
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1 Interior determines that some of the lands with2 drawn by this authority are contaminated to an ex3 tent which prevents opening such contaminated

4 lands to operation of the public lands laws;

5 (i) the Secretary of the Navy shall take ap6 propriate steps to warn the public of the con7 taminated state of such lands and any risk as8 sociated with entry onto such lands;

9 (ii) after the expiration of the withdrawal,

10 the Secretary of the Navy shall retain jurisdic11 tion over the withdrawn lands and shall under12 take no activities on such lands, except in con13 nection with decontamination/remediation of

14 such lands; and

15 (iii) the Secretary of the Navy shall report

16 to the Secretary of the Interior and to the Con17 gress concerning the status of such lands and

18 all actions taken in furtherance of this para19 graph.

20 (B) If the lands are subsequently decontami21 nated/remediated and the Secretary of the Navy cer22 tifies that the lands are safe for nonmilitary uses,

23 the Secretary of the Interior shall reconsider accept24 ing jurisdiction over the lands.
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1 (6) REVOCATION AUTHORITY.—Notwithstand2 ing any other provision of law, the Secretary of the

3 Interior, upon deciding that it is in the public inter4 est to accept jurisdiction over the lands proposed for

5 relinquishment, is authorized to accept the relin6 quishment by revoking the withdrawal and reserva7 tion established by this authority, as it applies to the

8 lands proposed for relinquishment. If the decision is

9 made to accept the relinquishment and revoke the

10 withdrawal and reservation, the Secretary shall pub11 lish in the Federal Register an appropriate order

12 which shall—

13 (A) terminate the withdrawal and reserva14 tion;

15 (B) constitute official acceptance of full ju16 risdiction over the lands by the Secretary of the

17 Interior; and

18 (C) state the date upon which the lands

19 will be opened to the operation of the public

20 land laws, including the mining laws, if appro21 priate.

22 (i) DELEGATIONS OF AUTHORITY.—

23 (1) NAVY.—The functions of the Secretary of

24 the Navy under this section may be delegated.
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1 (2) INTERIOR.—The functions of the Secretary

2 of the Interior under this section may be delegated,

3 except that the Order referred to in subsection

4 (h)(6) of this section may be approved and signed

5 only by the Secretary of the Interior, the Deputy

6 Secretary of the Interior, or an Assistant Secretary

7 of the Interior.

8 (j) HUNTING, FISHING, AND TRAPPING.—All hunt9 ing, fishing, and trapping on the lands withdrawn and re10 served by this authority shall be conducted in accordance

11 with the provisions of section 2671 of title 10, United

12 States Code.

13 (k) HOLD HARMLESS.—(1) The United States shall

14 be exempt from all liabilities to non-Federal entities under

15 sections 107 or 113 of the Comprehensive Environmental

16 Response Compensation and Liability Act (42 U.S.C.

17 § 9601 et seq.) or section 7003 of the Resource Conserva18 tion and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.)

19 for any mineral or geothermal leasing, or mineral removal

20 activity conducted on lands withdrawn under this author21 ity.

22 (2) Any party conducting any mineral or geothermal

23 leasing, or mineral material removal activity on such lands

24 shall indemnify the United States against any costs, fees,

25 damages, or other liabilities, including costs of litigation,
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1 arising from or relating to such mineral or geothermal

2 leasing and mineral material disposal activities, whether

3 arising under the Comprehensive Environmental Response

4 Compensation and Liability Act (42 U.S.C. § 9601 et

5 seq.), the Resource Conservation and Recovery Act of

6 1976 (42 U.S.C. § 6901 et seq.), or other environmental

7 laws, which arise from or are related to such activities.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATION

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.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense agencies construction and land acquisition

projects.

Sec. 2402. Military housing planning and design.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Military housing improvement program.

Sec. 2405. Energy conservation projects.

Sec. 2406. Authorization of appropriations, Defense agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
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Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

Sec. 2602. Authorization of construction projects to be funded with previousyear appropriations.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

by law.

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

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

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

Sec. 2705. Effective date.

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SECTION 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 1997’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army

13 may acquire real property and carry out military construc14 tion projects for the installations and locations inside the

15 United States, and in the amounts, set forth in the follow16 ing table:

Army: Inside the United States

State Installation or Location Total

California ............................... Camp Roberts ................................... $5,500,000

Naval Weapons Station, Concord ..... $27,000,000

Colorado ................................ Fort Carson ...................................... $13,000,000
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Army: Inside the United States—Continued

State Installation or Location Total

District of Columbia .............. Fort McNair ..................................... $6,900,000

Georgia .................................. Fort Benning .................................... $53,400,000

Fort Stewart/Hunter Army Air

Field.

$6,000,000

Kansas ................................... Fort Riley ......................................... $26,000,000

Kentucky ............................... Fort Campbell .................................. $51,100,000

Texas ..................................... Fort Hood ........................................ $40,900,000

Washington ............................ Fort Lewis ........................................ $54,600,000

CONUS Classified ................. Classified Location ........................... $4,600,000

Grand total ....................................... $289,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amount

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Total

Italy ....................................... Camp Ederle, Vincenza .................... $3,100,000

Korea ..................................... Camp Casey ...................................... $16,000,000

Camp Red Cloud .............................. $14,000,000

Overseas Classified ................ Overseas Classified ........................... $64,000,000

Grand total ....................................... $97,100,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:
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Army: Family Housing

State Installation or location Purpose Total

Hawaii .......................... Schofield Barracks ...... 54 Units .......... $10,000,000

North Carolina ............. Fort Bragg .................. 88 Units .......... $9,800,000

Texas ............................ Fort Hood .................... 140 Units ........ $18,500,000

Grand total ..... $38,300,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of family housing units in an amount not

7 to exceed $2,963,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2104(a)(5)(A),

13 the Secretary of the Army may improve existing military

14 family housing units in an amount not to exceed

15 $33,750,000.

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 1996, for military construction, land acquisition, and

20 military family housing functions of the Department of the

21 Army in the total amount of $1,722,202,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2101(a),

3 $289,000,000.

4 (2) For the military construction products out5 side the United States authorized by section

6 2101(b), $97,100,000.

7 (3) For unspecified minor military construction

8 projects authorized by section 2805 of title 10,

9 United States Code, $5,000,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $43,623,000, which in13 cludes $20,000,000 for Host Nation support.

14 (5) For military family housing functions:

15 (A) For construction and acquisition, plan16 ning and design, and improvement of military

17 family housing and facilities, $75,013,000.

18 (B) For support of military family housing

19 (including the functions described in section

20 2833 of title 10, United States Code),

21 $1,212,466,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variation authorized by law, the total cost
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1 of all projects carried out under section 2101 of this Act

2 may not exceed the total amount authorized to be appro3 priated under paragraphs (1) and (2) of subsection (a).

4 TITLE XXII—NAVY

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a)(1), the Secretary of the Navy may

10 acquire real property and carry out military construction

11 projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the follow13 ing table:

Navy: Inside the United States

State Installation or Location Total

Arizona .................................. Navy Detachment, Camp Navajo ..... $3,920,000

California ............................... Marine Corps Air Station, Camp

Pendleton.

$6,240,000

Marine Corps Air-Ground Combat

Center, Twenty-nine Palms.

$4,020,000

Marine Corps Base, Camp Pendleton.$51,630,000

Naval Air Station, North Island ...... $86,502,000

Naval Facility, San Clemente Island $17,000,000

Naval Station, San Diego ................ $7,050,000

Naval Command Control & Ocean

Surveillance Center, San Diego.

$1,960,000

Connecticut ............................ Naval Submarine Base, New London.$13,830,000

District of Columbia .............. Naval District, Washington .............. $19,300,000

Florida ................................... Naval Air Station, Key West ........... $2,250,000

Hawaii ................................... Naval Station, Pearl Harbor ............ $19,600,000

Naval Submarine Base, Pearl Harbor.$35,890,000

Idaho ..................................... Naval Surface Warfare Center,

Bayview.

$7,150,000

Illinois .................................... Naval Training Center, Great Lakes $22,900,000

Maryland ............................... Naval Air Warfare Center, Patuxent

River.

$1,270,000

North Carolina ...................... Marine Corps Air Station, Cherry

Point.

$1,630,000

Marine Corps Air Station, New

River.

$17,040,000

Marine Corps Base, Camp LeJeune $20,750,000

Texas ..................................... Naval Station, Ingleside ................... $16,850,000
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Navy: Inside the United States—Continued

State Installation or Location Total

Naval Air Station, Kingsville ........... $1,810,000

Virginia .................................. Armed Forces Staff College, Norfolk $12,900,000

Marine Corps Combat Dev Com,

Quantico.

$14,570,000

Naval Station, Norfolk ..................... $35,520,000

Washington ............................ Naval Station, Everett ..................... $25,740,000

CONUS Various .................... Defense Access Roads ...................... $300,000

Grand Total ...................................... $447,662,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:

Navy: Outside the United States

Country Installation or Location Total

Bahrain ................................. Administrative Support Unit, Bahrain.$5,980,000

Greece .................................... Naval Support Activity, Souda Bay $7,050,000

Italy ....................................... Naval Air Station, Sigonella ............ $15,700,000

Naval Support Activity, Naples ....... $8,620,000

United Kingdom .................... Joint Maritime Communications

Center, St. Mawgan.

$4,700,000

Grand Total ...................................... $42,050,000

8 SEC. 2202. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(a)(6)(A), the Secretary of the

12 Navy may construct or acquire family housing units (in13 cluding land acquisition) at the installations, for the pur14 poses, and in the amounts, set forth in the following table:
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Navy: Family Housing

State Installation or Location Purpose Total

Arizona ......................... Marine Corps Air Station, Yuma.Support ........... $709,000

California ...................... Marine Corps Base,

Camp Pendleton.

128 Units ........ $19,483,000

Naval Air Station,

Lemoore.

276 Units ........ $39,837,000

Navy Public Works

Center, San Diego.

366 Units ........ $48,719,000

Marine Corps AirGround Combat Center, Twenty-nine

Palms.

Support ........... $2,938,000

Hawaii .......................... Marine Corps Air Station, Kaneohe Bay.54 Units .......... $11,676,000

Navy Public Works

Center, Pearl Harbor.

264 Units ........ $52,586,000

Maryland ...................... Naval Air Warfare Center, Patuxent River.Support ........... $1,233,000

North Carolina ............. Marine Corps Base,

Camp LeJeune.

Support ........... $845,000

Virginia ......................... AEGIS Combat Systems Center, Wallops

Island.

20 Units .......... $2,975,000

Naval Security Group

Activity, Northwest.

Support ........... $741,000

Washington ................... Naval Station, Everett 100 Units ........ $15,015,000

Naval Submarine Base,

Bangor.

Support ........... $934,000

Grand Total .... $197,691,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriation in

3 section 2204(a)(6)(A), the Secretary of the Navy may

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 $22,552,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2204(a)(6)(A),
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1 the Secretary of the Navy may improve existing military

2 family housing units in an amount not to exceed

3 $183,483,000.

4 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

5 (a) IN GENERAL.—Funds are hereby authorized to

6 be appropriated for fiscal years beginning after September

7 30, 1996, for military construction, land acquisition, and

8 military family housing functions of the Department of the

9 Navy in the total amount of $1,943,313,000 as follows:

10 (1) For military construction projects inside the

11 United States authorized by section 2201(a),

12 $447,622,000.

13 (2) For military construction projects outside

14 the United States authorized by section 2201(b),

15 $42,050,000.

16 (3) For unspecified minor construction projects

17 authorized by section 2805 of title 10, United States

18 Code, $5,115,000.

19 (4) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $42,559,000.

22 (5) For military construction projects which can

23 be financed using unobligated prior-year appropria24 tions, Authorization of Appropriations is reduced by

25 $12,000,000.
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1 (6) For military family housing functions:

2 (A) For construction and acquisition, plan3 ning and design and improvement of military

4 family housing and facilities, $403,726,000.

5 (B) For support of military housing (in6 cluding functions described in section 2833 of

7 title 10, United States Code), $1,014,241,000.

8 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

9 PROJECTS.—Notwithstanding the cost variations author10 ized by section 2853 of title 10, United States Code, and

11 any other cost variation authorized by law, the total cost

12 of all projects carried out under section 2201 of this Act

13 may not exceed the total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection (a).

15 TITLE XXIII—AIR FORCE

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

17 LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts

19 appropriated pursuant to the authorization of appropria20 tions in section 2304(a)(1), the Secretary of the Air Force

21 may acquire real property and carry out military construc22 tion projects for the installations and locations inside the

23 United States, and in the amounts, set forth in the follow24 ing table:

Air Force: Inside the United States

State Installation or Location Total

Alabama ................................. Maxwell Air Force Base ................... $7,875,000
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Air Force: Inside the United States—Continued

State Installation or Location Total

Alaska .................................... Elmendorf Air Force Base ............... $21,530,000

Arizona .................................. Davis-Monthan Air Force Base ....... $9,920,000

Arkansas ................................ Little Rock Air Force Base .............. $18,105,000

California ............................... Beale Air Force Base ....................... $14,425,000

Edwards Air Force Base .................. $20,080,000

McClellan Air Force Base ................ $8,795,000

Travis Air Force Base ...................... $7,980,000

Vandenberg Air Force Base ............. $3,290,000

Colorado ................................ Buckley Air National Guard Base ... $17,960,000

Falcon Air Force Base ..................... $2,095,000

Peterson Air Force Base .................. $20,720,000

US Air Force Academy .................... $10,065,000

Delaware ................................ Dover Air Force Base ...................... $7,980,000

Florida ................................... Elgin Air Force Base ....................... $4,590,000

Eglin Auxiliary Field 9 .................... $6,825,000

Patrick Air Force Base .................... $2,595,000

Georgia .................................. Robins Air Force Base ..................... $18,645,000

Idaho ..................................... Mountain Home Air Force Base ...... $6,545,000

Kansas ................................... McConnell Air Force Base ............... $8,480,000

Louisiana ............................... Barksdale Air Force Base ................ $4,890,000

Maryland ............................... Andrews Air Force Base .................. $5,990,000

Mississippi ............................. Keesler Air Force Base .................... $14,465,000

Nevada ................................... Indian Springs Air Force Auxiliary

Air Field.

$4,690,000

New Jersey ............................ McGuire Air Force Base .................. $8,080,000

North Carolina ...................... Pope Air Force Base ........................ $5,915,000

Seymour Johnson Air Force Base ... $11,280,000

North Dakota ........................ Grand Forks Air Force Base ........... $12,470,000

Minot Air Force Base ...................... $3,940,000

Ohio ....................................... Wright-Patterson Air Force Base .... $7,400,000

Oklahoma .............................. Tinker Air Force Base ..................... $9,880,000

South Carolina ...................... Charleston Air Force Base ............... $37,410,000

Shaw Air Force Base ....................... $5,665,000

Tennessee .............................. Arnold Engineering Development

Center.

$6,781,000

Texas ..................................... Dyess Air Force Base ...................... $5,895,000

Kelly Air Force Base ........................ $3,250,000

Lackland Air Force Base ................. $9,413,000

Sheppard Air Force Base ................. $9,400,000

Utah ...................................... Hill Air Force Base .......................... $3,690,000

Virginia .................................. Langley Air Force Base ................... $8,005,000

Washington ............................ Fairchild Air Force Base ................. $18,155,000

McChord Air Force Base ................. $57,065,000

Grand Total ...................................... $472,229,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the
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1 United States, and in the amounts, set forth in the follow2 ing table:

Air Force: Outside the United States

Country Installation or Location Total

Germany ................................ Ramstein Air Force Base ................. $5,370,000

Spangdahlem Air Base ..................... $1,890,000

Italy ....................................... Aviano Air Base ............................... $10,060,000

Korea ..................................... Osan Air Base .................................. $9,780,000

Turkey ................................... Incirlik Air Base ............................... $7,160,000

United Kingdom .................... Royal Air Force, Croughton ............. $1,740,000

Royal Air Force, Lakenheath ........... $17,525,000

Royal Air Force, Mildenhall ............. $6,195,000

Overseas Classified ................ Overseas Classified ........................... $18,395,000

Grand Total ...................................... $78,115,000

3 SEC. 2302. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(5)(A), the Secretary of the

7 Air Force may construct or acquire family housing units

8 (including land acquisition) at the installations, for the

9 purposes, and in the amounts set forth in the following

10 table:

Air Force: Family Housing

State Installation or Location Purpose Total

Alaska ........................... Eielson Air Force Base 72 Units .......... $21,127,000

...................................... Support ........... $2,950,000

California ...................... Beale Air Force Base 56 Units .......... $8,893,000

Travis Air Force Base 70 Units .......... $8,631,000

Vandenberg Air Force

Base.

112 Units ........ $20,891,000

District of Columbia ..... Bolling Air Force Base 40 Units .......... $5,000,000

Florida .......................... Eglin Auxiliary Field 9 1 Unit ............. $249,000

MacDill Air Force Base 56 Units .......... $8,822,000

Patrick Air Force Base Support ........... $2,430,000

Louisiana ...................... Barksdale Air Force

Base.

80 Units .......... $9,570,000

Missouri ........................ Whiteman Air Force

Base.

68 Units .......... $9,600,000

New Mexico .................. Kirtland Air Force

Base.

50 Units .......... $5,450,000

North Dakota ............... Grand Forks Air Force

Base.

66 Units .......... $7,784,000

Minot Air Force Base 46 Units .......... $8,740,000

Texas ............................ Lackland Air Force

Base.

50 Units .......... $6,500,000
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Air Force: Family Housing—Continued

State Installation or Location Purpose Total

...................................... Support ........... $800,000

Washington ................... McChord Air Force

Base.

40 Units .......... $5,659,000

Grand Total .... $133,096,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,590,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(5)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $88,550,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 1996, for military construction, land acquisition, and

21 military family housing functions of the Department of the
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1 Air Force in the total amount of $1,663,769,000 as fol2 lows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $472,229,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2301(b),

8 $78,115,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $9,328,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $43,387,000.

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, $231,236,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $829,474,000.

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and
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1 any other cost variation authorized by law, the total cost

2 of all projects carried out under section 2301 of this Act

3 may not exceed the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection (a).

5 TITLE XXIV—DEFENSE

6 AGENCIES

7 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC8 TION AND LAND ACQUISITION PROJECTS.

9 (a) INSIDE THE UNITED STATES.—Using amounts

10 appropriated pursuant to the authorization of appropria11 tions in section 2406(a)(1), the Secretary of Defense may

12 acquire real property and carry out military construction

13 projects for the installations and locations inside the

14 United States, and in the amounts, set forth in the follow15 ing table:

Defense Agencies: Inside the United States

Agency Installation or location Total

Chemical Demilitarization ..... Pueblo Army Depot, Colorado ......... $179,000,000

Defense Finance & Accounting Service.Charleston, South Carolina .............. $6,200,000

Gentile Air Force Station, Ohio ....... $11,400,000

Griffis Air Force Base, New York ... $10,200,000

Loring Air Force Base, Maine ......... $6,900,000

Naval Training Center, Orlando,

Florida.

$2,600,000

Norton Air Force Base, California $13,800,000

Offutt Air Force Base, Nebraska .... $7,000,000

Rock Island Arsenal, Illinois ............ $14,400,000

Defense Intelligence Agency Bolling Air Force Base, District of

Columbia.

$6,790,000

Defense Logistics Agency ...... Altus Air Force Base, Oklahoma ..... $3,200,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Total

Andrews Air Force Base, Maryland $12,100,000

Barksdale Air Force Base, Louisiana.$4,300,000

Defense Construction Supply Center, Columbus, Ohio.$600,000

Defense Distribution San Diego,

California.

$15,700,000

Elmendorf Air Force Base, Alaska $18,000,000

McConnell Air Force Base, Kansas $2,200,000

Naval Air Facility, El Centro, California.$5,700,000

Naval Air Station, Fallon, Nevada $2,100,000

Naval Air Station, Oceana, Virginia $1,500,000

Shaw Air Force Base, South Carolina.$2,900,000

Travis Air Force Base, California .... $15,200,000

Defense Medical Facilities

Office.

Andrews Air Force Base Maryland $15,500,000

Charleston Air Force Base, South

Carolina.

$1,300,000

Fort Bliss, Texas .............................. $6,600,000

Fort Bragg, North Carolina ............. $11,400,000

Fort Hood, Texas ............................. $1,950,000

Marine Corps Base, Camp Pendleton, California.$3,300,000

Maxwell Air Force Base, Alabama ... $25,000,000

Naval Air Station, Key West, Florida.$15,200,000

Naval Air Station, Norfolk, Virginia $1,250,000

Naval Air Station, Lemoore, California.$38,000,000

National Security Agency ...... Fort George Meade, Maryland ......... $25,200,000

Special Operations Command Fort Bragg, North Carolina ............. $14,000,000

Fort Campbell, Kentucky ................. $4,200,000

Naval Amphibious Base, Coronado,

California.

$7,700,000

Naval Station, Ford Island, Pearl

Harbor, Hawaii.

$12,800,000

Grand Total ...................................... $525,190,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2406(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:
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Defense Agencies: Outside the United States

Agency Installation or Location Total

Defense Logistics Agency ...... Moron Air Base, Spain .................... $12,958,000

Naval Air Station, Sigonella, Italy ... $6,100,000

Defense Medical Facilities

Office.

Administrative Support Unit, Bahrain, Bahrain.$4,600,000

Grand Total ...................................... $23,658,000

1 SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.

2 Using amounts appropriated pursuant to the author3 ization of appropriation in section 2406(a)(14)(A), the

4 Secretary of Defense may carry out architectural and en5 gineering services and construction design activities with

6 respect to the construction or improvement of military

7 family housing units in an amount not to exceed

8 $500,000.

9 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

10 UNITS.

11 Subject to section 2825 of title 10, United States

12 Code, and using amounts appropriated pursuant to the

13 authorization of appropriation in section 2406(a)(14)(A),

14 the Secretary of Defense may improve existing military

15 family housing units in an amount not to exceed

16 $3,871,000.

17 SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.

18 (a) AVAILABILITY OF FUNDS FOR INVESTMENT.—Of

19 the amount authorized to be appropriated pursuant to sec20 tion 2406(a)(14)(C), $20,000,000 shall be available for

21 crediting to the Department of Defense Family Housing
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1 Improvement Fund established by section 2883(a)(1) of

2 title 10, United States Code.

3 (b) USE OF FUNDS.—The Secretary of Defense may

4 use funds credited to the Department of Defense Family

5 Housing Improvement Fund under subsection (a) to carry

6 out any activities authorized by subchapter IV of chapter

7 169 of such title with respect to military family housing.

8 SEC. 2405. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2406(a)(12), the Sec11 retary of Defense may carry out energy conservation

12 projects under section 2865 of title 10, United States

13 Code.

14 SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated for fiscal years beginning after September

18 30, 1996, for military construction, land acquisition, and

19 military family housing functions of the Department of

20 Defense (other than the military departments), in the total

21 amount of $3,411,936,000 as follows:

22 (1) For military construction projects inside the

23 United States authorized by section 2401(a),

24 $362,087,000.
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1 (2) For military construction projects outside

2 the United States authorized by section 2401(a),

3 $23,658,000.

4 (3) For military construction projects at Naval

5 Hospital, Portsmouth, Virginia, hospital replace6 ment, authorized by section 2401(a) of the Military

7 Construction Authorization Act for Fiscal Years

8 1990 and 1991 (division B of Public Law 101–189,

9 103 Stat. 1640), $24,000,000.

10 (4) For military construction projects at Walter

11 Reed Army Institute of Research, Maryland, hospital

12 replacement, authorized by section 2401(a) of the

13 Military Construction Authorization Act for Fiscal

14 Year 1993 (division B of Public Law 102–484; 106

15 Stat. 2599), $92,000,000.

16 (5) For military construction projects at Fort

17 Bragg, North Carolina, hospital replacement, au18 thorized by section 2401(a) of the Military Construc19 tion Authorization Act for Fiscal Year 1993 (divi20 sion B of Public Law 102–484; 106 Stat. 2599),

21 $89,000,000.

22 (6) For military construction projects at Pine

23 Bluff Arsenal, Arkansas, authorized by section

24 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), $46,000,000.

3 (7) For military construction projects at

4 Umatilla Army Depot, Oregon, authorized by section

5 2401(a) of the Military Construction Authorization

6 Act for Fiscal Year 1995 (division B of Public Law

7 103–337; 108 Stat. 3040), $64,000,000.

8 (8) For military construction projects at De9 fense Finance and Accounting Service, Columbus,

10 Ohio, authorized by section 2401(a) of the Military

11 Construction Authorization Act of Fiscal Year 1996

12 (division B of Public Law 104–106: 110 Stat. 535),

13 $20,822,000.

14 (9) For unspecified minor construction projects

15 under section 2805 of title 10, United States Code,

16 $21,874,000.

17 (10) For contingency construction projects of

18 the Secretary of Defense under section 2804 of title

19 10, United States Code, $9,500,000.

20 (11) For architectural and engineering services

21 and construction design under section 2807 of title

22 10, United States Code, $12,239,000.

23 (12) For Energy Conservation projects author24 ized by section 2405, $47,765,000.
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1 (13) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of

4 Public Law 101–510; 10 U.S.C. 2687 note),

5 $2,507,476,000.

6 (14) For military family housing functions:

7 (A) For improvement and planning of mili8 tary family housing and facilities, $4,371,000.

9 (B) For support of military housing (in10 cluding functions described in section 2833 of

11 title 10, United States Code), $30,963,000, of

12 which not more than $25,637,000 may be obli13 gated or expended for the leasing of military

14 family housing units worldwide.

15 (C) For the Family Housing Improvement

16 Fund as authorized by section 2404(a),

17 $20,000,000.

18 (D) For the Homeowners Assistance Pro19 gram as authorized by section 2832 of title 10,

20 United States Code, $36,181,000, to remain

21 available until expended.

22 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variation author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variations authorized by law, the total cost
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1 of all projects carried out under section 2401 of this Act

2 may not exceed—

3 (1) the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection

5 (a);

6 (2) $161,503,000 (the balance of the amount

7 authorized under section 2401(a) for the construc8 tion of a chemical demilitarization facility at Pueblo

9 Army Depot in Colorado); and

10 (3) $1,600,000 (the balance of the amount au11 thorized under section 2401(a) for the construction

12 of a Medical/Dental clinic replacement, Key West

13 Naval Air Station, Florida).

14 TITLE XXV—NORTH ATLANTIC

15 TREATY ORGANIZATION SE16 CURITY INVESTMENT PRO17 GRAM

18 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

19 ACQUISITION PROJECTS.

20 The Secretary of Defense may make contributions for

21 the North Atlantic Treaty Organization Security Invest22 ment Program as provided in section 2806 of title 10,

23 United States Code, in an amount not to exceed the sum

24 of the amount authorized to be appropriated for this pur25 pose in section 2502 and the amount collected from the
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1 North Atlantic Treaty Organization as a result of con2 struction previously financed by the United States.

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

4 Funds are hereby authorized to be appropriated for

5 fiscal years beginning after September 30, 1996, for con6 tributions by the Secretary of Defense under section 2806

7 of title 10, United States Code, for the share of the United

8 States of the cost of projects for the North Atlantic Treaty

9 Security Investment Program as authorized by section

10 2501, in the amount of $197,000,000.

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, 1996, for the costs

17 of acquisition, architectural and engineering services, and

18 construction of facilities for the Guard and Reserve

19 Forces, and for contributions therefor, under chapter 133

20 of title 10, United States Code (including the cost of ac21 quisition of land for those facilities), the following

22 amounts:

23 (1) For the Department of the Army—

24 (A) for the Army National Guard of the

25 United States, $7,600,000; and
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1 (B) for the Army Reserve, $48,459,000.

2 (2) For the Department of the Navy, for the

3 Naval and Marine Corps Reserve, $10,983,000.

4 (3) For the Department of the Air Force—

5 (A) for the Air National Guard of the

6 United States, $75,394,000; and

7 (B) for the Air Force Reserve,

8 $51,655,000.

9 SEC. 2602. AUTHORIZATION OF CONSTRUCTION PROJECTS

10 TO BE FUNDED WITH PREVIOUS-YEAR AP11 PROPRIATIONS.

12 The following projects and architectural and engi13 neering services and construction design are authorized

14 using prior year appropriations:

15 (1) Army National Guard:

16 (A) Hastings Training Range, Nebraska,

17 Modified Record Fire and Multipurpose Ma18 chine Gun Range, $1,250,000.

19 (B) Bismarck, North Dakota, Aviation

20 Support Facility and Armory Complex Expan21 sion, $3,650,000.

22 (C) Of the total amount required for archi23 tectural and engineering services and construc24 tion design, $1,800,000 is authorized using

25 prior appropriations.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Infrastructure program (and

13 authorizations of appropriations therefor) shall expire on

14 the later of—

15 (1) October 1, 1999; or

16 (2) the date for the enactment of an Act au17 thorizing funds for military construction for fiscal

18 year 2000.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization In23 frastructure program (and authorizations of appropria24 tions therefor), for which appropriated funds have been

25 obligated before the later of—
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1 (1) October 1, 1999; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2000 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 Program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1994 PROJECTS.

10 (a) EXTENSIONS.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal

12 Year 1994 (division B of Public Law 103–160, 107 Stat.

13 1880), authorizations for the projects set forth in the ta14 bles in subsection (b), as provided in title XXI, XXII, and

15 XXIII of that Act, shall remain in effect until October

16 1, 1997, or the date of the enactment of an Act authoriz17 ing funds for military construction for fiscal year 1998,

18 whichever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 are as follows:

Army: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

New Jersey ................... Picatinny Arsenal ........ Advance Warhead Development Facility.$4,400,000

North Carolina ............. Fort Bragg .................. Land Acquisition.$15,000,000

Wisconsin ..................... Fort McCoy ................. Family Housing Construction (16

Units).

$2,950,000
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Navy: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

California ...................... Camp Pendleton Marine Corps Base.Sewage Facility $7,930,000

Connecticut ................... New London Naval

Submarine Base.

Hazardous

Waste Transfer Facility.

$1,450,000

New Jersey ................... Earle Naval Weapons

Station.

Explosives

Holding Yard.

$1,290,000

Virginia ......................... Oceana Naval Air Station.Jet Engine

Test Cell Replacement.

$5,300,000

Various ......................... Various Locations ........ Land Acquisition Inside

The U.S.

$540,000

Various ......................... Various Locations ........ Land Acquisition Outside

The U.S.

$800,000

Air Force: Extension of 1994 Project Authorizations

State/Country Installation or Location Project Amount

Alaska ........................... Eielson Air Force Base Upgrade Water

Treatment

Plant.

$3,750,000

Elmendorf Air Force

Base.

Corrosion Control Facility.$5,975,000

California ...................... Beale Air Force Base Educational

Center.

$3,150,000

Florida .......................... Tyndall Air Force Base Base Supply

Logistics

Center.

$2,600,000

Mississippi .................... Keesler Air Force Base Upgrade Student Dormitory.$4,500,000

North Carolina ............. Pope Air Force Base ... Add To And

Alter Dormitories.

$4,300,000

Virginia ......................... Langley Air Force Base Fire Station .... $3,850,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1993 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1993 (division B of Public Law 102–484, 106 Stat.

6 2602), authorizations for the projects set forth in the ta7 bles in subsection (b), as provided in section 2101, 2301,

8 or 2601 of that Act or in section 2201 of that Act and
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1 extended by the Military Construction Authorization Act

2 for Fiscal Year 1996, shall remain in effect until October

3 1, 1997, or the date of the enactment of an Act authoriz4 ing funds for military construction for fiscal year 1998,

5 whichever is later.

6 (b) TABLES.—The tables referred to in subsection (a)

7 are as follows:

Army: Extension of 1993 Project Authorizations

State/Country Installation or Location Project Amount

Arkansas ....................... Pine Bluff Arsenal ....... Ammunition

Support Facility.

$15,000,000

Air Force: Extension of 1993 Project Authorizations

State/Country Installation or Location Project Amount

Portugal ........................ Lajes Field ................... Water Wells .... $865,000

8 SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1992 PROJECTS.

10 (a) EXTENSIONS.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal

12 Year 1992 (division B of Public Law 102–190 105 Stat.

13 1535), authorizations for the projects set forth in the ta14 bles in subsection (b), as provided in title XXI of that

15 Act and extended by the Military Construction Authoriza16 tion Act for Fiscal Year 1995 and the Military Construc17 tion Authorization Act for Fiscal Year 1996, shall remain

18 in effect until October 1, 1997, or the date of the enact19 ment of an Act authorizing funds for military construction

20 for fiscal year 1998, whichever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Army: Extension of 1992 Project Authorizations

State/Country Installation or Location Project Amount

Oregon .......................... Umatilla Army Depot Ammunition

Demilitarization Support

Facility.

$3,600,000

Umatilla Army Depot Ammunition

Demilitarization Utilities.

$7,500,000

3 SEC. 2705. EFFECTIVE DATE.

4 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

5 shall take effect on the later of—

6 (1) October 1, 1996; or

7 (2) the date of the enactment of this Act.

8 TITLE XXVIII—GENERAL

9 PROVISIONS

10 Subtitle A—Military Construction

11 Program and Military Family

12 Housing Changes

13 SEC. 2801. INFLATIONARY ADJUSTMENTS TO MINOR CON14 STRUCTION AUTHORITY.

15 (a) ACTIVE COMPONENT UNSPECIFIED MINOR CON16 STRUCTION USING OPERATION AND MAINTENANCE

17 FUNDS.—Section 2805(c)(1) of title 10, United States

18 Code, is amended by striking out ‘‘$300,000’’ and insert19 ing in lieu thereof ‘‘$350,000’’.

20 (b) RESERVE COMPONENT UNSPECIFIED MINOR

21 CONSTRUCTION.—Section 18233a(a)(1) of title 10,
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1 United States Code, is amended by striking out

2 ‘‘$400,000’’ and inserting in lieu thereof ‘‘$1,500,000’’.

3 (c) RESERVE COMPONENT UNSPECIFIED MINOR

4 CONSTRUCTION USING OPERATION AND MAINTENANCE

5 FUNDS.—Section 18233a(b) of title 10, United States

6 Code, is amended by striking out ‘‘$300,000’’ and insert7 ing in lieu thereof ‘‘$350,000’’.

8 SEC. 2802. IMPROVEMENTS TO FAMILY HOUSING UNITS.

9 (a) AUTHORITY.—Section 2825(a)(2) of title 10,

10 United States Code, is amended—

11 (1) by inserting ‘‘major’’ before ‘‘maintenance’’;

12 and

13 (2) by inserting ‘‘(excluding day-to-day mainte14 nance and repair)’’ before ‘‘to be accomplished’’.

15 (b) LIMITATION.—Section 2825(b)(2) of title 10,

16 United States Code, is amended—

17 (1) by striking out ‘‘repairs’’ and inserting in

18 lieu thereof ‘‘major maintenance or repair work (ex19 cluding day-to-day maintenance and repair)’’;

20 (2) by inserting ‘‘, out of the five-foot line of a

21 housing unit,’’ before ‘‘in connection with (A)’’; and

22 (3) by inserting ‘‘, drives,’’ after ‘‘roads’’.
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1 Subtitle B—Base Closure and

2 Realignment and Environment

3 SEC. 2805. CONTRACTING FOR CERTAIN SERVICES AT FA4 CILITIES REMAINING ON CLOSED

5 INSTALLATIONS.

6 (a) AUTHORITY UNDER 1988 ACT.—Section

7 204(b)(8)(A) of the Defense Authorization Amendments

8 and Base Closure and Realignment Act (Title II of Public

9 Law 100–526; 10 U.S.C. 2687 note), is amended by in10 serting ‘‘or at facilities remaining on installations closed

11 under this title’’ after ‘‘under this title’’.

12 (b) AUTHORITY UNDER 1990 ACT.—Section

13 2905(b)(8)(A) of the Defense Base Closure and Realign14 ment Act of 1990 (part A of Title XXIX of Public Law

15 101–510; 10 U.S.C. 2687 note), is amended by inserting

16 ‘‘or at facilities remaining on installations closed under

17 this part’’ after ‘‘under this part’’.

18 SEC. 2806. PAYMENT OF STIPULATED PENALTIES ASSESSED

19 UNDER CERCLA.

20 The Secretary of Defense may pay from funds appro21 priated to the Department of Defense Base Closure Ac22 count (Part II), not more than $50,000 as payment of

23 stipulated civil penalties assessed under the Comprehen24 sive Environmental Response, Compensation, and Liabil-
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1 ity Act of 1980 (42 U.S.C. 9601 et seq.) against Loring

2 Air Force Base, Maine.

3 Subtitle C—Land Conveyance

4 SEC. 2807. TRANSFER OF UTILITY SYSTEMS AT BLUEGRASS

5 ARMY DEPOT, KENTUCKY.

6 (a) AUTHORITY TO CONVEY.—The Secretary of the

7 Army may convey to the City of Richmond, Kentucky

8 (hereinafter the ‘‘City’’), or to Madison County (herein9 after the ‘‘County’’), all right, title, and interest of the

10 United States in and to a parcel of real property located

11 at Blue Grass Army Depot, Kentucky, consisting of ap12 proximately ll acres, and all improvements located

13 thereon. The parcel is improved with a sewage treatment

14 plant, sludge disposal facilities, and a sewage collection

15 system.

16 (b) RELATED EASEMENTS.—The Secretary may also

17 grant to the City or the County any easement that is nec18 essary for access to the real property conveyed under sub19 section (a) for operation and maintenance of the facilities

20 located thereon.

21 (c) REQUIREMENT RELATING TO CONVEYANCE.—

22 The Secretary may not exercise the authority granted by

23 subsection (a) unless and until the City or the County

24 agrees to accept all improvements in their existing condi25 tions at the time of conveyance.
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1 (d) CONDITION OF CONVEYANCE.—The conveyance

2 authorized by subsection (a) is subject to the following

3 conditions:

4 (1) That the City or the County provide water

5 service to Blue Grass Army Depot, Kentucky at a

6 rate mutually agreed upon by the Secretary and the

7 City or the County and approved by the appropriate

8 Federal or State regulatory authority.

9 (2) That the City or the County comply with all

10 applicable environmental laws and regulations (in11 cluding any permit or license requirements) in the

12 operation and maintenance of the improvements.

13 (3) That the City or the County assume full re14 sponsibility for operation, maintenance, and repair

15 of the improvements and for compliance with all ap16 plicable regulatory requirements.

17 (4) That the City or the County not commence

18 any expansion of the improvements without the prior

19 approval of the Secretary.

20 (e) DESCRIPTION OF PROPERTY.—The exact legal

21 description of the real property to be conveyed under sub22 section (a), including the improvements located thereon,

23 and of any easements granted under subsection b., shall

24 be determined by a survey and other means satisfactory

25 to the Secretary. The cost of such survey and other serv-
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1 ices performed at the direction of the Secretary under the

2 authority of this subsection, shall be borne by the City

3 or the County.

4 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require such additional terms and conditions

6 in connection with the conveyance under subsection (a)

7 and the grant of any easement under subsection b. as the

8 Secretary considers appropriate to protect the interests of

9 the United States.

10 SEC. 2808. TRANSFER OF UTILITY SYSTEMS AT CAMP

11 PARKS, CALIFORNIA.

12 (a) AUTHORITY TO CONVEY.—The Secretary of the

13 Army may convey to the Dublin San Ramon Services Dis14 trict, California (hereinafter the ‘‘District’’), all right,

15 title, and interest of the United States in and to a parcel

16 of real property located at Camp Parks, California consist17 ing of approximately lll acres, and all improvements

18 located thereon. The parcel is improved with a water treat19 ment plant and a water distribution system with storage

20 tanks.

21 (b) RELATED EASEMENTS.—The Secretary may also

22 grant to the District any easement that is necessary for

23 access to the real property conveyed under subsection (a)

24 for operation and maintenance of the facilities located

25 thereon.
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1 (c) REQUIREMENT RELATING TO CONVEYANCE.—

2 The Secretary may not exercise the authority granted by

3 subsection (a) unless and until the District agrees to ac4 cept all improvements in their existing conditions at the

5 time of conveyance.

6 (d) CONDITION OF CONVEYANCE.—The conveyance

7 authorized by subsection (a) is subject to the following

8 conditions:

9 (1) That the District provide water service to

10 Camp Parks, California at a rate mutually agreed

11 upon by the Secretary and the District and approved

12 by the appropriate Federal or State regulatory au13 thority.

14 (2) That the District comply with all applicable

15 environmental laws and regulations (including any

16 permit or license requirements) in the operation and

17 maintenance of the improvements.

18 (3) That the District assume full responsibility

19 for operation, maintenance, and repair of the im20 provements and for compliance with all applicable

21 regulatory requirements.

22 (4) That the District not commence any expan23 sion of the improvements without the prior approval

24 of the Secretary.
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1 (e) DESCRIPTION OF PROPERTY.—The exact legal

2 description of the real property to be conveyed under sub3 section (a), including the improvements located thereon,

4 and of any easements granted under subsection b., shall

5 be determined by a survey and other means satisfactory

6 to the Secretary. The cost of such survey and other serv7 ices performed at the direction of the Secretary under the

8 authority of this subsection, shall be borne by the District.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a)

12 and the grant of any easement under subsection b. as the

13 Secretary considers appropriate to protect the interests of

14 the United States.

15 SEC. 2809. TRANSFER OF UTILITY SYSTEMS AT FORT LEAV16 ENWORTH, KANSAS.

17 (a) AUTHORITY TO CONVEY.—The Secretary of the

18 Army may convey to the City of Leavenworth, Kansas

19 (hereinafter the ‘‘City’’), all right, title, and interest of the

20 United States in and to a parcel of real property located

21 at Fort Leavenworth, Kansas, consisting of approximately

22 lll acres, and all improvements located thereon. The

23 parcel is improved with a water treatment plant and a

24 water distribution system with storage tanks.
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1 (b) RELATED EASEMENTS.—The Secretary may also

2 grant to the City any easement that is necessary for access

3 to the real property conveyed under subsection (a) for op4 eration and maintenance of the facilities located thereon.

5 (c) REQUIREMENT RELATING TO CONVEYANCE.—

6 The Secretary may not exercise the authority granted by

7 subsection (a) unless and until the City agrees to accept

8 all improvements in their existing conditions at the time

9 of conveyance.

10 (d) CONDITION OF CONVEYANCE.—The conveyance

11 authorized by subsection (a) is subject to the following

12 conditions:

13 (1) That the City provide water service to Fort

14 Leavenworth, Kansas at a rate mutually agreed

15 upon by the Secretary and the City and approved by

16 the appropriate Federal or State regulatory author17 ity.

18 (2) That the City comply with all applicable en19 vironmental laws and regulations (including any per20 mit or license requirements) in the operation and

21 maintenance of the improvements.

22 (3) That the City assume full responsibility for

23 operation, maintenance, and repair of the improve24 ments and for compliance with all applicable regu25 latory requirements.
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1 (4) That the City not commence any expansion

2 of the improvements without the prior approval of

3 the Secretary.

4 (e) DESCRIPTION OF PROPERTY.—The exact legal

5 description of the real property to be conveyed under sub6 section (a), including the improvements located thereon,

7 and of any easements granted under subsection b., shall

8 be determined by a survey and other means satisfactory

9 to the Secretary. The cost of such survey and other serv10 ices performed at the direction of the Secretary under the

11 authority of this subsection shall be borne by the City.

12 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a)

15 and the grant of any easement under subsection b. as the

16 Secretary considers appropriate to protect the interests of

17 the United States.

18 SEC. 2810. TRANSFER OF UTILITY SYSTEMS AT FORT LEWIS,

19 WASHINGTON.

20 (a) AUTHORITY TO CONVEY.—The Secretary of the

21 Army may convey to Pierce County, Washington (herein22 after the ‘‘County’’), all right, title, and interest of the

23 United States in and to a parcel of real property located

24 at Fort Lewis, Washington, consisting of approximately

25 lll acres, and all improvements located thereon. The
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1 parcel is improved with a sewage treatment plant, sludge

2 disposal facilities, and a sewage collection system.

3 (b) RELATED EASEMENTS.—The Secretary may also

4 grant to the County any easement that is necessary for

5 access to the real property conveyed under subsection (a)

6 for operation and maintenance of the facilities located

7 thereon.

8 (c) REQUIREMENT RELATING TO CONVEYANCE.—

9 The Secretary may not exercise the authority granted by

10 subsection (a) unless and until the County agrees to ac11 cept all improvements in their existing conditions at the

12 time of conveyance.

13 (d) CONDITION OF CONVEYANCE.—The conveyance

14 authorized by subsection (a) is subject to the following

15 conditions:

16 (1) That the County provide water service to

17 Fort Lewis, Washington at a rate mutually agreed

18 upon by the Secretary and the County and approved

19 by the appropriate Federal or State regulatory au20 thority.

21 (2) That the County comply with all applicable

22 environmental laws and regulations (including any

23 permit or license requirements) in the operation and

24 maintenance of the improvements.
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1 (3) That the County assume full responsibility

2 for operation, maintenance, and repair of the im3 provements and for compliance with all applicable

4 regulatory requirements.

5 (4) That the County not commence any expan6 sion of the improvements without the prior approval

7 of the Secretary.

8 (e) DESCRIPTION OF PROPERTY.—The exact legal

9 description of the real property to be conveyed under sub10 section (a), including the improvements located thereon,

11 and of any easements granted under subsection b., shall

12 be determined by a survey and other means satisfactory

13 to the Secretary. The cost of such survey and other serv14 ices performed at the direction of the Secretary under the

15 authority of this subsection shall be borne by the County.

16 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyance under subsection (a)

19 and the grant of any easement under subsection b. as the

20 Secretary considers appropriate to protect the interests of

21 the United States.

22 SEC. 2811. TRANSFER OF UTILITY SYSTEMS AT FORT

23 MEADE, MARYLAND.

24 (a) AUTHORITY TO CONVEY.—The Secretary of the

25 Army may convey to the City of Odenton, Maryland (here-
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1 inafter the ‘‘City’’), all right, title, and interest of the

2 United States in and to a parcel of real property located

3 at Fort Meade, Maryland, consisting of approximately

4 lll acres, and all improvements located thereon. The

5 parcel is improved with a water treatment plant, a water

6 distribution system with storage tanks, a wastewater

7 treatment plant, and a wastewater collection system.

8 (b) RELATED EASEMENTS.—The Secretary may also

9 grant to the City any easement that is necessary for access

10 to the real property conveyed under subsection (a) for op11 eration and maintenance of the facilities located thereon.

12 (c) REQUIREMENT RELATING TO CONVEYANCE.—

13 The Secretary may not exercise the authority granted by

14 subsection (a) unless and until the City agrees to accept

15 all improvements in their existing conditions at the time

16 of conveyance.

17 (d) CONDITION OF CONVEYANCE.—The conveyance

18 authorized by subsection (a) is subject to the following

19 conditions:

20 (1) That the City provide water service to Fort

21 Meade, Maryland at a rate mutually agreed upon by

22 the Secretary and the City and approved by the ap23 propriate Federal or State regulatory authority.

24 (2) That the City comply with all applicable en25 vironmental laws and regulations (including any per-
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1 mit or license requirements) in the operation and

2 maintenance of the improvements.

3 (3) That the City assume full responsibility for

4 operation, maintenance, and repair of the improve5 ments and for compliance with all applicable regu6 latory requirements.

7 (4) That the City not commence any expansion

8 of the improvements without the prior approval of

9 the Secretary.

10 (e) DESCRIPTION OF PROPERTY.—The exact legal

11 description of the real property to be conveyed under sub12 section (a), including the improvements located thereon,

13 and of any easements granted under subsection b., shall

14 be determined by a survey and other means satisfactory

15 to the Secretary. The cost of such survey and other serv16 ices performed at the direction of the Secretary under the

17 authority of this subsection shall be borne by the City.

18 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under subsection (a)

21 and the grant of any easement under subsection b. as the

22 Secretary considers appropriate to protect the interests of

23 the United States.
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1 SEC. 2812. TRANSFER OF UTILITY SYSTEMS AT FORT MON2 MOUTH, NEW JERSEY.

3 (a) AUTHORITY TO CONVEY.—The Secretary of the

4 Army may convey to Monmouth County, New Jersey

5 (hereinafter the ‘‘County’’), all right, title, and interest of

6 the United States in and to a parcel of real property lo7 cated at Fort Monmouth, New Jersey, consisting of ap8 proximately lll acres, and all improvements located

9 thereon. The parcel is improved with a water treatment

10 plant, a water distribution system with storage tanks, a

11 sewage treatment plant, and a sewage collection system.

12 (b) RELATED EASEMENTS.—The Secretary may also

13 grant to the County any easement that is necessary for

14 access to the real property conveyed under subsection (a)

15 for operation and maintenance of the facilities located

16 thereon.

17 (c) REQUIREMENT RELATING TO CONVEYANCE.—

18 The Secretary may not exercise the authority granted by

19 subsection (a) unless and until the County agrees to ac20 cept all improvements in their existing conditions at the

21 time of conveyance.

22 (d) CONDITION OF CONVEYANCE.—The conveyance

23 authorized by subsection (a) is subject to the following

24 conditions:

25 (1) That the County provide water service to

26 Fort Monmouth, New Jersey at a rate mutually
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1 agreed upon by the Secretary and the County and

2 approved by the appropriate Federal or State regu3 latory authority.

4 (2) That the County comply with all applicable

5 environmental laws and regulations (including any

6 permit or license requirements) in the operation and

7 maintenance of the improvements.

8 (3) That the County assume full responsibility

9 for operation, maintenance, and repair of the im10 provements and for compliance with all applicable

11 regulatory requirements.

12 (4) That the County not commence any expan13 sion of the improvements without the prior approval

14 of the Secretary.

15 (e) DESCRIPTION OF PROPERTY.—The exact legal

16 description of the real property to be conveyed under sub17 section (a), including the improvements located thereon,

18 and of any easements granted under subsection (b), shall

19 be determined by a survey and other means satisfactory

20 to the Secretary. The cost of such survey and other serv21 ices performed at the direction of the Secretary under the

22 authority of this subsection, shall be borne by the County.

23 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions

25 in connection with the conveyance under subsection (a)
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1 and the grant of any easement under subsection (b) as

2 the Secretary considers appropriate to protect the inter3 ests of the United States.

4 SEC. 2813. TRANSFER OF UTILITY SYSTEMS AT HUNTER

5 ARMY AIR FIELD, FORT STEWART, GEORGIA.

6 (a) AUTHORITY TO CONVEY.—The Secretary of the

7 Army may convey to the City of Hinesville, Georgia (here8 inafter the ‘‘City’’), all right, title, and interest of the

9 United States in and to a parcel of real property located

10 at Hunter Army Air Field, Fort Stewart, Georgia, consist11 ing of approximately lll acres, and all improvements

12 located thereon. The parcel is improved with a sewage

13 treatment plant, sludge disposal facilities, and a sewage

14 collection system.

15 (b) RELATED EASEMENTS.—The Secretary may also

16 grant to the City any easement that is necessary for access

17 to the real property conveyed under subsection (a) for op18 eration and maintenance of the facilities located thereon.

19 (c) REQUIREMENT RELATING TO CONVEYANCE.—

20 The Secretary may not exercise the authority granted by

21 subsection (a) unless and until the City agrees to accept

22 all improvements in their existing conditions at the time

23 of conveyance.
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1 (d) CONDITION OF CONVEYANCE.—The conveyance

2 authorized by subsection (a) is subject to the following

3 conditions:

4 (1) That the City provide water service to Hun5 ter Army Air Field, Fort Stewart, Georgia at a rate

6 mutually agreed upon by the Secretary and the City

7 and approved by the appropriate Federal or State

8 regulatory authority.

9 (2) That the City comply with all applicable en10 vironmental laws and regulations (including any per11 mit or license requirements) in the operation and

12 maintenance of the improvements.

13 (3) That the City assume full responsibility for

14 operation, maintenance, and repair of the improve15 ments and for compliance with all applicable regu16 latory requirements.

17 (4) That the City not commence any expansion

18 of the improvements without the prior approval of

19 the Secretary.

20 (e) DESCRIPTION OF PROPERTY.—The exact legal

21 description of the real property to be conveyed under sub22 section (a), including the improvements located thereon,

23 and of any easements granted under subsection b., shall

24 be determined by a survey and other means satisfactory

25 to the Secretary. The cost of such survey and other serv-
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1 ices performed at the direction of the Secretary under the

2 authority of this subsection, shall be borne by the City.

3 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a)

6 and the grant of any easement under subsection b. as the

7 Secretary considers appropriate to protect the interests of

8 the United States.

9 SEC. 2814. EASEMENTS FOR RIGHTS-OF-WAY.

10 Section 2668(a) of title 10, United States Code is

11 amended—

12 (1) by striking out ‘‘and’’ at the end of para13 graph (9);

14 (2) by redesignating paragraph (10) as para15 graph (12);

16 (3) by inserting the following two new para17 graphs after paragraph (9):

18 ‘‘(10) poles and lines for the transmission and

19 distribution of electrical power;

20 ‘‘(11) poles and lines for communication pur21 poses, and for radio, television, and other forms of

22 communication transmitting, relay, and receiving

23 structures and facilities; and’’; and
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1 (4) at the end of paragraph (12), as redesig2 nated by this section, by striking out ‘‘or by the Act

3 of March 4, 1911 (43 U.S.C. 961)’’.

4 Subtitle D—Other Matters

5 SEC. 2815. INSTALLATION AND OWNERSHIP OF ELEC6 TRICAL DISTRIBUTION SYSTEM AT YOUNGS7 TOWN AIR RESERVE STATION, OHIO.

8 (a) FINDING.—The Congress finds that it would be

9 advantageous to the United States to consider, as a test

10 program, utilizing non-governmental entities to provide

11 certain utility services at Youngstown Air Reserve Station,

12 Ohio.

13 (b) AUTHORIZATION.—The Secretary of the Air

14 Force is authorized to enter into an agreement with a local

15 electric utility or private company to have the utility or

16 company install, operate, and maintain a new electrical

17 distribution system, satisfactory to both the Secretary and

18 the utility or company, at Youngstown Air Reserve Sta19 tion.

20 (c) AGREEMENT.—The agreement between the Air

21 Force and the utility or company may contain the follow22 ing terms and conditions:

23 (1) The Air Force may provide the company

24 with such licenses or easements as the Air Force de-
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1 termines necessary for the installation, operation,

2 and maintenance of the new distribution system.

3 (2) The resulting electrical distribution system

4 may be the property of the company but any rates

5 for utilities or other services provided by the com6 pany to the Government shall not include the cost of

7 installing the new distribution system as authorized

8 by this Act.

9 (3) Such other terms and conditions as the Sec10 retary considers appropriate to protect the interests

11 of the United States.

12 (d) SOURCE OF FUNDS.—The Secretary may use

13 funds authorized in Title XXIII, Division B, of the Na14 tional Defense Authorization Act for Fiscal Year 1996

15 (Public Law 104–106) and appropriated in the Military

16 Construction Appropriations Act, 1996 (Public Law 104–

17 32) for the purpose of rebuilding the electrical distribution

18 system at Youngstown Air Reserve Station, to pay the cost

19 of acquiring the services of the company in accordance

20 with this Act.

Æ