104TH CONGRESS

2D SESSION S. 1762

AN ACT

To authorize appropriations for fiscal year 1997 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, 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 ‘‘Department of Defense

5 Authorization Act for Fiscal Year 1997’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. 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. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health program.

Sec. 109. Defense Nuclear Agency.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement of Javelin missile system.

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

Commissions.

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

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

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

Sec. 116. Bradley TOW 2 Test Program sets.

Sec. 117. Demilitarization of assembled chemical munitions.

Subtitle C—Navy Programs

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

Sec. 122. Penguin missile program.

Sec. 123. Nuclear attack submarine programs.

Sec. 124. Arleigh Burke class destroyer program.

Sec. 125. Maritime prepositioning ship program enhancement.

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

Sec. 127. Radar modernization.

Subtitle D—Air Force Programs

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

Subtitle E—Reserve Components

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.
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Sec. 203. Defense Nuclear Agency.

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Space launch modernization.

Sec. 212. Department of Defense Space Architect.

Sec. 213. Space-based infrared system program.

Sec. 214. Research for advanced submarine technology.

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

Sec. 216. Tier III minus unmanned aerial vehicle.

Sec. 217. Defense airborne reconnaissance program.

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

Sec. 219. F–22 aircraft program reports.

Sec. 220. Nonlethal weapons and technologies programs.

Sec. 221. Counterproliferation support program.

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

Sec. 223. Advanced submarine technologies.

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

Sec. 225. Cyclone class craft self-defense.

Sec. 226. Computer-assisted education and training.

Sec. 227. Seamless High Off-Chip Connectivity.

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

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

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

targets.

Subtitle C—Ballistic Missile Defense

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

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

Sec. 233. Elimination of requirements for certain items to be included in the

annual report on the ballistic missile defense program.

Sec. 234. ABM treaty defined.

Sec. 235. Scorpius space launch technology program.

Sec. 236. Corps SAM/MEADS program.

Sec. 237. Annual report on threat of attack by ballistic missiles carrying nuclear, chemical, or biological warheads.

Sec. 238. Air Force national missile defense plan.

Sec. 239. Extension of prohibition on use of funds to implement an international agreement concerning theater missile defense systems.

Subtitle D—Other Matters

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

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

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

Sec. 244. Desalting technologies.

Subtitle E—National Oceanographic Partnership

Sec. 251. Short title.

Sec. 252. National Oceanographic Partnership Program.
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TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Defense Nuclear Agency.

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

Sec. 305. Civil Air Patrol.

Sec. 306. SR–71 contingency reconnaissance force.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Funding for second and third maritime prepositioning ships out of

National Defense Sealift Fund.

Sec. 312. National Defense Sealift Fund.

Sec. 313. Nonlethal weapons capabilities.

Sec. 314. Restriction on Coast Guard funding.

Sec. 315. Ocenographic ship operations and data analysis.

Subtitle C—Depot-Level Activities

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

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

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

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

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

Sec. 326. Annual report on competitive procedures.

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

maintenance work.

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

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

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

Subtitle D—Environmental Provisions

Sec. 341. Establishment of separate environmental restoration accounts for

each military department.

Sec. 342. Defense contractors covered by requirement for reports on contractor

reimbursement costs for response actions.

Sec. 343. Repeal of redundant notification and consultation requirements regarding remedial investigations and feasibility studies at certain installations to be closed under the base closure laws.

Sec. 344. Payment of certain stipulated civil penalties.

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

Sec. 346. Authority to transfer contaminated Federal property before completion of required remedial actions.

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

transfer by the United States.

Sec. 348. Shipboard solid waste control.

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

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

California.

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

reservations.

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

Subtitle E—Other Matters

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

Government.

Sec. 362. Authorized use of recruiting funds.

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

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

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

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

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

Center, Fort Benjamin Harrison, Indiana.

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

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

at Foreign Language Institute of the Defense Language Institute.

Sec. 370. Authority of Air National Guard to provide certain services at Lincoln Municipal Airport, Lincoln Nebraska.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

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

and O–6.

Sec. 404. Extension of requirement for recommendations regarding appointments to joint 4-star officer positions.

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

the Marine Corps.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Sec. 413. Personnel management relating to assignment to service in the Selective Service System.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Extension of authority for temporary promotions for certain Navy

lieutenants with critical skills.
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Sec. 502. Exception to baccalaureate degree requirement for appointment in

the Naval Reserve in grades above O–2.

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

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

Sec. 504. Chief Warrant Officer promotions.

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

or formerly serving in joint duty assignments.

Sec. 506. Grade of Chief of Naval Research.

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

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Clarification of definition of active status.

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

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

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

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

periods.

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

and Financial Assistance Program.

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

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

Air National Guard for fiscal year 1997.

Subtitle C—Officer Education Programs

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

Senior Reserve Officers’ Training Corps and the service academies.

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

units by members of the Army Reserve and National Guard.

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

Subtitle D—Other Matters

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

disability is found at any physical examination.

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

Sec. 533. Disability coverage for officers granted excess leave for educational

purposes.

Sec. 534. Uniform policy regarding retention of members who are permanently

nonworldwide assignable.

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

the delayed entry program.

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

service.

Sec. 537. Revisions to missing persons authorities.

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

period of limitations for filing claims for corrections of military

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

World War II.

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

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

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

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

Subtitle E—Commissioned Corps of the Public Health Service

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

cadet or midshipmen service at the service academies.

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

Subtitle F—Defense Economic Adjustment, Diversification,

Conversion, and Stabilization

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

firefighters.

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

Subtitle G—Armed Forces Retirement Home

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

Sec. 582. Acceptance of uncompensated services.

Sec. 583. Disposal of real property.

Sec. 584. Matters concerning personnel.

Sec. 585. Fees for residents.

Sec. 586. Authorization of appropriations.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Rate of cadet and midshipman pay.

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

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

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

Government quarters.

Sec. 606. Family separation allowance for members separated by military orders from spouses who are members.

Sec. 607. Waiver of time limitations for claim for pay and allowances.

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

Subtitle C—Travel and Transportation Allowances

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

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

expense of the United States.

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

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

Service officers.

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

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

year 1998.

Sec. 632. Allotment of retired or retainer pay.

Sec. 633. Cost-of-living increases in SBP contributions to be effective concurrently with payment of related retired pay cost-of-living increases.

Sec. 634. Annuities for certain military surviving spouses.

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

supplement for certain widows of members of the uniformed

services.

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

to enhance civil service retirement annuity.

Subtitle E—Other Matters

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

private placements.

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

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

Vietnam.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—General

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

plan.

Sec. 702. Dental insurance plan for military retirees and certain dependents.

Sec. 703. Uniform composite health care system software.

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

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

accounts.

Sec. 706. Comptroller General review of health care activities of the Department of Defense relating to Persian Gulf illnesses.

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

Sec. 708. Plans for medicare subvention demonstration programs.
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Sec. 709. Research and benefits relating to Gulf War service.

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

Subtitle B—Uniformed Services Treatment Facilities

Sec. 721. Definitions.

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

delivery system.

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

Sec. 724. Enrollment of covered beneficiaries.

Sec. 725. Application of CHAMPUS payment rules.

Sec. 726. Payments for services.

Sec. 727. Repeal of superseded authorities.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Procurement technical assistance programs.

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

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

Sec. 804. Revisions to the program for the assessment of the national defense

technology and industrial base.

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

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

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

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

Sec. 809. Implementation of information technology management reform.

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

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

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

local Government agencies.

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

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—General Matters

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

Sec. 902. Codification of requirements relating to continued operation of the

Uniformed Services University of the Health Sciences.

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

Sec. 904. Transfer of authority to control transportation systems in time of

war.

Sec. 905. Redesignation of Office of Naval Records and History Fund and correction of related references.

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

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

commands.

Sec. 908. Actions to limit adverse effects of establishment of National Missile

Defense Joint Program Office on private sector employment.
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Subtitle B—National Imagery and Mapping Agency

Sec. 911. Short title.

Sec. 912. Findings.

PART I—ESTABLISHMENT

Sec. 921. Establishment, missions, and authority.

Sec. 922. Transfers.

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

1947.

Sec. 924. Other personnel management authorities.

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

Sec. 926. Saving provisions.

Sec. 927. Definitions.

Sec. 928. Authorization of appropriations.

PART II—CONFORMING AMENDMENTS AND EFFECTIVE DATES

Sec. 931. Redesignation and repeals.

Sec. 932. References.

Sec. 933. Headings and clerical amendments.

Sec. 934. Effective dates.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

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

Sec. 1003. Authorization of prior emergency supplemental appropriations for

fiscal year 1996.

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

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

education and training.

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

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

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

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

Coast Guard.

Sec. 1010. Authority to suspend or terminate collection actions against deceased members of the Coast Guard.

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

the United States.

Subtitle B—Naval Vessels and Shipyards

Sec. 1021. Authority to transfer naval vessels.

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

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

phased maintenance of AE class ships.

Sec. 1024. Contract options for LMSR vessels.

Sec. 1025. Sense of the Senate concerning USS LCS 102 (LSSL 102).
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Subtitle C—Counter-Drug Activities

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

Mexico.

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

Center.

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

Subtitle D—Matters Relating to Foreign Countries

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

States and foreign countries.

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

States and foreign countries for flight training.

Sec. 1043. Extension of counterproliferation authorities.

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

Sec. 1045. Defense burdensharing.

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

Sec. 1047. Report on NATO enlargement.

Subtitle E—Miscellaneous Reporting Requirements

Sec. 1051. Annual report on emerging operational concepts.

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

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

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

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

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

Subtitle F—Other Matters

Sec. 1061. Uniform Code of Military Justice amendments.

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

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

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

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

facilities.

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

or disease on members of the uniformed services.

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

Sec. 1068. George C. Marshall European Center for Strategic Security Studies.

Sec. 1069. Authority to award to civilian participants in the defense of Pearl

Harbor the Congressional medal previously authorized only for

military participants in the defense of Pearl Harbor.

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

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

Health Sciences.

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

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

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

Sec. 1075. Improvements to National Security Education Program.
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Sec. 1076. Reimbursement for excessive compensation of contractor personnel

prohibited.

Sec. 1077. Sense of the Senate on Department of Defense sharing of experiences under military youth programs.

Sec. 1078. Sense of the Senate on Department of Defense sharing of experiences with military child care.

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

Sec. 1080. Pharmaceutical industry special equity.

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

Technology Management Reform Act of 1996 applies.

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

Sec. 1083. Operational support airlift aircraft.

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

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

Sec. 1086. Technical amendment.

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

Air Force Base, Texas.

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

materials for a criminal purpose.

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

Subtitle G—Review of Armed Forces Force Structures

Sec. 1091. Short title.

Sec. 1092. Findings.

Sec. 1093. Quadrennial Defense Review

Sec. 1094. National Defense Panel.

Sec. 1095. Postponement of deadlines.

Sec. 1096. Definitions.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Subtitle A—Personnel Management, Pay, and Allowances

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

positions.

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

transferred to National Guard.

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

allowance to enlisted National Guard technicians.

Sec. 1104. Travel expenses and health care for civilian employees of the Department of Defense abroad.

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

nonappropriated fund employees.

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

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

Sec. 1108. Reimbursement of Department of Defense domestic dependent

school board members for certain expenses.

Sec. 1109. Extension of authority for civilian employees of Department of Defense to participate voluntarily in reductions in force.
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Sec. 1110. Compensatory time off for overtime work performed by wage-board

employees.

Sec. 1111. Liquidation of restored annual leave that remains unused upon

transfer of employee from installation being closed or realigned.

Sec. 1112. Waiver of requirement for repayment of voluntary separation incentive pay by former Department of Defense employees reemployed by the Government without pay.

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

Sec. 1114. Revision of certain travel management authorities.

Subtitle B—Defense Economic Adjustment, Diversification,

Conversion, and Stabilization

Sec. 1121. Pilot programs for defense employees converted to contractor employees due to privatization at closed military installations.

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

Subtitle C—Defense Intelligence Personnel

Sec. 1131. Short title.

Sec. 1132. Civilian intelligence personnel management.

Sec. 1133. Repeals.

Sec. 1134. Clerical amendments.

TITLE XII—FEDERAL CHARTER FOR THE FLEET RESERVE

ASSOCIATION

Sec. 1201. Recognition and grant of Federal charter.

Sec. 1202. Powers.

Sec. 1203. Purposes.

Sec. 1204. Service of process.

Sec. 1205. Membership.

Sec. 1206. Board of directors.

Sec. 1207. Officers.

Sec. 1208. Restrictions.

Sec. 1209. Liability.

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

Sec. 1211. Audit of financial transactions.

Sec. 1212. Annual report.

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

Sec. 1214. Tax-exempt status.

Sec. 1215. Termination.

Sec. 1216. Definition.

TITLE XIII—DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION

Sec. 1301. Short title.

Sec. 1302. Findings.

Sec. 1303. Definitions.

Subtitle A—Domestic Preparedness

Sec. 1311. Emergency response assistance program.

Sec. 1312. Nuclear, chemical, and biological emergency response.
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Sec. 1313. Military assistance to civilian law enforcement officials in emergency

situations involving biological or chemical weapons.

Sec. 1314. Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons.

Subtitle B—Interdiction of Weapons of Mass Destruction and

Related Materials

Sec. 1321. United States border security.

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

Sec. 1323. International Emergency Economic Powers Act.

Sec. 1324. Criminal penalties.

Sec. 1325. International border security.

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

States

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

United States.

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

Sec. 1333. Elimination of plutonium production.

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

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

materials.

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

for propulsion of Russian ships.

Sec. 1337. Military-to-military relations.

Sec. 1338. Transfer authority.

Subtitle D—Coordination of Policy and Countermeasures

Against Proliferation of Weapons of Mass Destruction

Sec. 1341. National coordinator on nonproliferation.

Sec. 1342. National Security Council Committee on Nonproliferation.

Sec. 1343. Comprehensive preparedness program.

Sec. 1344. Termination.

Subtitle E—Miscellaneous

Sec. 1351. Contracting policy.

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

Sec. 1353. Additional certifications.

Sec. 1354. Purchase of low-enriched uranium derived from Russian highly enriched uranium.

Sec. 1355. Purchase, packaging, and transportation of fissile materials at risk

of theft.

Sec. 1356. Reductions in authorization of appropriations.

TITLE XIV—FEDERAL EMPLOYEE TRAVEL REFORM

Sec. 1401. Short title.

Subtitle A—Relocation Benefits
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Sec. 1411. Modification of allowance for seeking permanent residence quarters.

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

Sec. 1413. Modification of residence transaction expenses allowance.

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

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

continental United States

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

is performing an extended assignment.

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

Sec. 1418. Conforming amendments.

Subtitle B—Miscellaneous Provisions

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

Sec. 1432. Transfer of authority to issue regulations.

Sec. 1433. Report on assessment of cost savings.

Sec. 1434. Effective date; issuance of regulations.

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, $1,508,515,000.

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

9 (3) For weapons and tracked combat vehicles,

10 $1,460,115,000.

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

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

13 SEC. 102. NAVY AND MARINE CORPS.

14 (a) NAVY.—Funds are hereby authorized to be appro15 priated for fiscal year 1997 for procurement for the Navy

16 as follows:

17 (1) For aircraft, $6,911,352,000.
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1 (2) For weapons, including missiles and tor2 pedoes, $1,513,263,000.

3 (3) For shipbuilding and conversion,

4 $6,567,330,000.

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

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

7 be appropriated for fiscal year 1997 for procurement for

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

9 SEC. 103. AIR FORCE.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1997 for procurement for the Air Force as fol12 lows:

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

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

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

16 SEC. 104. DEFENSE-WIDE ACTIVITIES.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1997 for Defense-wide procurement in the

19 amount of $1,908,012,000.

20 SEC. 105. RESERVE COMPONENTS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1997 for procurement of aircraft, vehicles, com23 munications equipment, and other equipment for the re24 serve components of the Armed Forces as follows:
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1 (1) For the Army National Guard,

2 $224,000,000.

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

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

5 (4) For the Naval Reserve, $40,000,000.

6 (5) For the Air Force Reserve, $40,000,000.

7 (6) For the Marine Corps Reserve,

8 $60,000,000.

9 SEC. 106. DEFENSE INSPECTOR GENERAL.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1997 for procurement for the Inspector General

12 of the Department of Defense in the amount of

13 $2,000,000.

14 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

15 There is hereby authorized to be appropriated for fis16 cal year 1997 the amount of $802,847,000 for—

17 (1) the destruction of lethal chemical agents

18 and munitions in accordance with section 1412 of

19 the Department of Defense Authorization Act, 1986

20 (50 U.S.C. 1521); and

21 (2) the destruction of chemical warfare materiel

22 of the United States that is not covered by section

23 1412 of such Act.
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1 SEC. 108. DEFENSE HEALTH PROGRAM.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1997 for the Department of Defense for pro4 curement for carrying out health care programs, projects,

5 and activities of the Department of Defense in the total

6 amount of $269,470,000.

7 SEC. 109. DEFENSE NUCLEAR AGENCY.

8 Of the amounts authorized to be appropriated for the

9 Department of Defense under section 104, $7,900,000

10 shall be available for the Defense Nuclear Agency.

11 Subtitle B—Army Programs

12 SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE

13 SYSTEM.

14 The Secretary of the Army may, in accordance with

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

16 multiyear procurement contracts for the procurement of

17 the Javelin missile system.

18 SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILI19 TARIZATION CITIZENS’ ADVISORY COMMIS20 SIONS.

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

22 Defense Authorization Act for Fiscal Year 1993 (Public

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

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

25 Army (Installations, Logistics and Environment)’’ and in-
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1 serting in lieu thereof ‘‘Assistant Secretary of the Army

2 (Research, Development and Acquisition)’’.

3 SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE

4 CHEMICAL WEAPONS STOCKPILE.

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

6 a study to determine the cost of incineration of the current

7 chemical munitions stockpile by building incinerators at

8 each existing facility compared to the proposed cost of dis9 mantling those same munitions, neutralizing them at each

10 storage site and transporting the neutralized remains and

11 all munitions parts to a centrally located incinerator with12 in the United States for incineration.

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

14 of the enactment of this Act, the Secretary shall submit

15 to the appropriate committees of the Congress a report

16 on the study carried out under subsection (a).

17 SEC. 114. PERMANENT AUTHORITY TO CARRY OUT ARMS

18 INITIATIVE.

19 Section 193(a) of the Armament Retooling and Man20 ufacturing Support Initiative Act of 1992 (subtitle H of

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

22 amended by striking out ‘‘During fiscal years 1993

23 through 1996’’, and inserting in lieu thereof ‘‘During fis24 cal years 1993 through 1998’’.
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1 SEC. 115. TYPE CLASSIFICATION OF ELECTRO OPTIC AUG2 MENTATION (EOA) SYSTEM.

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

4 type classify the Electro Optic Augmentation (EOA) sys5 tem.

6 (b) FUNDING.—Of the amounts authorized to be ap7 propriated for the Army by this division, $100,000 shall

8 made be available to the Armored Systems Modernization

9 Program manager for the type classification required by

10 subsection (a).

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

12 Of the funds authorized to be appropriated under sec13 tion 101(3) of the National Defense Authorization Act for

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

15 for the procurement of Bradley TOW 2 Test Program

16 sets.

17 SEC. 117. DEMILITARIZATION OF ASSEMBLED CHEMICAL

18 MUNITIONS.

19 (a) PILOT PROGRAM.—The Secretary of Defense

20 shall conduct a pilot program to identify and demonstrate

21 feasible alternatives to incineration for the demilitarization

22 of assembled chemical munitions.

23 (b) PROGRAM REQUIREMENTS.—(1) The Secretary

24 of Defense shall designate an executive agent to carry out

25 the pilot program required to be conducted under sub26 section (a).
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1 (2) The executive agent shall—

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

3 States Government;

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

5 and

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

7 control of the chemical weapon stockpile demili8 tarization program established by 1412 of the De9 partment of Defense Authorization Act, 1986 (50

10 U.S.C. 1521) or the alternative disposal process pro11 gram carried out under sections 174 and 175 of the

12 National Defense Authorization Act for Fiscal Year

13 1993 (Public Law 102–484; 50 U.S.C. 1521 note).

14 (3) The executive agent may—

15 (A) carry out the pilot program directly;

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

17 to carry out the pilot program; or

18 (C) transfer funds to another department or

19 agency of the Federal Government in order to pro20 vide for such department or agency to carry out the

21 pilot program.

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

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

24 of the pilot program, contract with or competitively select

25 the organization within the Army that exercises direct or
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1 immediate management control over either program re2 ferred to in paragraph (2)(C).

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

4 September 30, 2000.

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

6 of each year in which the Secretary carries out the pilot

7 program, the Secretary shall submit to Congress a report

8 on the activities under the pilot program during the pre9 ceding fiscal year.

10 (d) EVALUATION AND REPORT.—Not later than De11 cember 31, 2000, the Secretary of Defense shall—

12 (1) evaluate each demilitarization alternative

13 identified and demonstrated under the pilot program

14 to determine whether that alternative—

15 (A) is as safe and cost efficient as inciner16 ation for disposing of assembled chemical muni17 tions; and

18 (B) meets the requirements of section

19 1412 of the Department of Defense Authoriza20 tion Act, 1986; and

21 (2) submit to Congress a report containing the

22 evaluation.

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

24 Notwithstanding any other provision of law and except as

25 provided in paragraph (2), the Secretary may not enter
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1 into any contract for the purchase of long lead materials

2 considered to be baseline incineration specific materials for

3 the construction of an incinerator at any site in Kentucky

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

5 this Act or, thereafter until the executive agent designated

6 for the pilot program submits an application for such per7 mits as are necessary under the law of the State of Ken8 tucky or the law of the State of Colorado, as the case may

9 be, for the construction at that site of a plant for demili10 tarization of assembled chemical munitions by means of

11 an alternative to incineration.

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

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

14 days after the date on which the Secretary submits to Con15 gress—

16 (A) the report required by subsection (d)(2);

17 and

18 (B) the certification of the executive agent that

19 there exists no alternative technology as safe and

20 cost efficient as incineration for demilitarizing chem21 ical munitions at non-bulk sites that can meet the

22 requirements of section 1412 of the Department of

23 Defense Authorization Act, 1986.

24 (f) ASSEMBLED CHEMICAL MUNITION DEFINED.—

25 For the purpose of this section, the term ‘‘assembled
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1 chemical munition’’ means an entire chemical munition,

2 including component parts, chemical agent, propellant,

3 and explosive.

4 (g) FUNDING.—(1) Of the amount authorized to be

5 appropriated under section 107, $60,000,000 shall be

6 available for the pilot program under this section. Such

7 funds may not be derived from funds to be made available

8 under the chemical demilitarization program for the alter9 native technologies research and development program at

10 bulk sites.

11 (2) Funds made available for the pilot program pur12 suant to paragraph (1) shall be made available to the exec13 utive agent for use for the pilot program.

14 Subtitle C—Navy Programs

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

16 (a) LIMITATION.—None of the funds appropriated

17 pursuant to section 102(a)(1) for modifications or up18 grades of EA–6B aircraft may be obligated, other than

19 for a reactive jammer program for such aircraft, until 30

20 days after the date on which the Secretary of the Navy

21 submits to the congressional defense committees in writ22 ing—

23 (1) a certification that some or all of such

24 funds have been obligated for a reactive jammer pro25 gram for EA–6B aircraft; and
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1 (2) a report that sets forth a detailed, well-de2 fined program for—

3 (A) developing a reactive jamming capabil4 ity for EA–6B aircraft; and

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

6 Navy to incorporate the reactive jamming capa7 bility.

8 (b) CONTINGENT TRANSFER OF FUNDS TO AIR

9 FORCE.—(1) If the Secretary of the Navy has not submit10 ted the certification and report described in subsection (a)

11 to the congressional defense committees before June 1,

12 1997, then, on that date, the Secretary of Defense shall

13 transfer to Air Force, out of appropriations available to

14 the Navy for fiscal year 1997 for procurement of aircraft,

15 the amount equal to the amount appropriated to the Navy

16 for fiscal year 1997 for modifications and upgrades of

17 EA–6B aircraft.

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

19 paragraph (1) shall be available for maintaining and up20 grading the jamming capability of EF–111 aircraft.

21 SEC. 122. PENGUIN MISSILE PROGRAM.

22 (a) MULTIYEAR PROCUREMENT AUTHORITY.—The

23 Secretary of the Navy may, in accordance with section

24 2306b of title 10, United States Code, enter into multiyear
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1 procurement contracts for the procurement of not more

2 than 106 Penguin missile systems.

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

4 obligated or expended for procurement of Penguin missile

5 systems under contracts under subsection (a) may not ex6 ceed $84,800,000.

7 SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.

8 (a) AMOUNTS AUTHORIZED.—(1) Of the amount au9 thorized to be appropriated by section 102(a)(3)—

10 (A) $804,100,000 shall be available for con11 struction of the third vessel (designated SSN–23) in

12 the Seawolf attack submarine class;

13 (B) $296,200,000 shall be available for long14 lead and advance construction and procurement of

15 components for construction of a submarine (pre16 viously designated by the Navy as the New Attack

17 Submarine) beginning in fiscal year 1998 to be built

18 by Electric Boat Division; and

19 (C) $701,000,000 shall be available for long20 lead and advance construction and procurement of

21 components for construction of a second submarine

22 (previously designated by the Navy as the New At23 tack Submarine) beginning in fiscal year 1999 to be

24 built by Newport News Shipbuilding.
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1 (2) In addition to the purposes for which the amount

2 authorized to be appropriated by section 102(a)(3) is

3 available under subparagraphs (B) and (C) of paragraph

4 (1), the amounts available under such subparagraphs are

5 also available for contracts with Electric Boat Division

6 and Newport News Shipbuilding to carry out the provi7 sions of the ‘‘Memorandum of Agreement Among the De8 partment of the Navy, Electric Boat Corporation (EB)

9 and Newport News Shipbuilding and Drydock Company

10 (NNS) Concerning the New Attack Submarine’’, dated

11 April 5, 1996, relating to design data transfer, design im12 provements, integrated process teams, and updated design

13 base.

14 (b) CONTRACTS AUTHORIZED.—(1) The Secretary of

15 the Navy is authorized, using funds available pursuant to

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

17 into contracts with Electric Boat Division and Newport

18 News Shipbuilding, and suppliers of components, during

19 fiscal year 1997 for—

20 (A) the procurement of long-lead components

21 for the submarines referred to in such subpara22 graphs; and

23 (B) advance construction of such components

24 and other components for such submarines.
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1 (2) The Secretary of the Navy may enter into a con2 tract or contracts under this section with the shipbuilder

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

4 if the Secretary enters into a contract or contracts under

5 this section with the shipbuilder of the submarine referred

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

7 (c) COMPETITION AND LIMITATIONS ON OBLIGA8 TIONS.—(1)(A) Of the amounts made available pursuant

9 to subsection (a)(1), not more than $100,000,000 may be

10 obligated or expended until the Secretary of Defense cer11 tifies in writing to the Committee on Armed Services of

12 the Senate and the Committee on National Security of the

13 House of Representatives that procurement of nuclear at14 tack submarines described in subparagraph (B) will be

15 provided for under one or more contracts that are entered

16 into after a competition between Electric Boat Division

17 and Newport News Shipbuilding in which the Secretary

18 of the Navy solicits competitive proposals and awards the

19 contract or contracts on the basis of price.

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

21 are nuclear attack submarines that are to be constructed

22 beginning—

23 (i) after fiscal year 1999; or

24 (ii) if four submarines are to be procured as

25 provided for in the plan required under section
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1 131(c) of the National Defense Authorization Act

2 for Fiscal Year 1996 (Public Law 104–106; 110

3 Stat. 209), after fiscal year 2001.

4 (2) Of the amounts made available pursuant to sub5 section (a)(1), not more than $100,000,000 may be obli6 gated or expended until the Under Secretary of Defense

7 for Acquisition and Technology submits to the committees

8 referred to in paragraph (1) a written report that de9 scribes in detail—

10 (A) the oversight activities undertaken by the

11 Under Secretary up to the date of the report pursu12 ant to section 131(b)(2)(C) of the National Defense

13 Authorization Act for Fiscal Year 1996 (Public Law

14 104–106; 110 Stat. 207), and the plans for the fu15 ture development and improvement of the nuclear

16 attack submarine program of the Navy;

17 (B) the implementation of, and activities con18 ducted under, the program required to be estab19 lished by the Director of the Defense Advanced Re20 search Projects Agency by section 131(i) of such Act

21 (110 Stat. 210) for the development and demonstra22 tion of advanced submarine technologies and a rapid

23 prototype acquisition strategy for both land-based

24 and at-sea subsystem and system demonstrations of

25 such technologies; and
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1 (C) all research, development, test, and evalua2 tion programs, projects, or activities within the De3 partment of Defense which, in the opinion of the

4 Under Secretary, are designed to contribute to the

5 development and demonstration of advanced sub6 marine technologies leading to a more capable, more

7 affordable nuclear attack submarine, together with a

8 specific identification of ongoing involvement, and

9 plans for future involvement, in any such program,

10 project, or activity by Electric Boat Division, New11 port News Shipbuilding, or both.

12 (d) REFERENCES TO SHIPBUILDERS.—For purposes

13 of this section—

14 (1) the shipbuilder referred to as ‘‘Electric Boat

15 Division’’ is the Electric Boat Division of the Gen16 eral Dynamics Corporation; and

17 (2) the shipbuilder referred to as ‘‘Newport

18 News Shipbuilding’’ is the Newport News Shipbuild19 ing and Drydock Company.

20 (e) NEXT ATTACK SUBMARINE AFTER NEW ATTACK

21 SUBMARINE.—The Secretary of Defense shall modify the

22 plan (relating to development of a program leading to pro23 duction of a more capable and less expensive submarine

24 than the New Attack Submarine) that was submitted to

25 Congress pursuant to section 131(c) of Public Law 104–
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1 106 (110 Stat. 208) in order to provide in such plan for

2 selection of a design for a next submarine for serial pro3 duction not earlier than fiscal year 2000 (rather than fis4 cal year 2003, as provided in paragraph (3)(B) of such

5 section 131(c)).

6 SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

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

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

9 be made available for contracts entered into in fiscal year

10 1996 under subsection (b)(1) of section 135 of the Na11 tional Defense Authorization Act for Fiscal Year 1996

12 (Public Law 104–106; 110 Stat. 211) for construction for

13 the third of the three Arleigh Burke class destroyers cov14 ered by that subsection. Such funds are in addition to

15 amounts made available for such contracts by the second

16 sentence of subsection (a) of that section.

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

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

19 for contracts entered into in fiscal year 1997 under sub20 section (b)(2) of such section 135 for construction (includ21 ing advance procurement) for the Arleigh Burke class de22 stroyers covered by such subsection (b)(2).

23 (3) The aggregate amount of funds available under

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

25 paragraphs may not exceed $3,483,030,000.
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1 (4) Within the amount authorized to be appropriated

2 by section 102(a)(3), $750,000,000 is authorized to be ap3 propriated for advance procurement for construction for

4 the Arleigh Burke class destroyers authorized by sub5 section (b).

6 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF

7 TWELVE VESSELS.—The Secretary of the Navy is author8 ized, pursuant to section 2306b of title 10, United States

9 Code, to enter into multiyear contracts for the procure10 ment of a total of 12 Arleigh Burke class destroyers at

11 a procurement rate of three ships in each of fiscal years,

12 1998, 1999, 2000, and 2001 in accordance with this sub13 section and subsections (a)(4) and (c), subject to the avail14 ability of appropriations for such destroyers. A contract

15 for construction of one or more vessels that is entered into

16 in accordance with this subsection shall include a clause

17 that limits the liability of the Government to the contrac18 tor for any termination of the contract.

19 SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM EN20 HANCEMENT.

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

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

23 the purpose of enhancing Marine Corps prepositioning

24 ship squadrons.
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1 SEC. 126. ADDITIONAL EXCEPTION FROM COST LIMITATION

2 FOR SEAWOLF SUBMARINE PROGRAM.

3 Section 133 of the National Defense Authorization

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

5 211) is amended—

6 (1) in subsection (a), by striking out ‘‘sub7 section (b)’’ and inserting in lieu thereof ‘‘sub8 sections (b) and (c)’’; and

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

10 in lieu thereof the following:

11 ‘‘(c) COSTS NOT INCLUDED.—The previous obliga12 tions of $745,700,000 for the SSN–23, SSN–24, and

13 SSN–25 submarines, out of funds appropriated for fiscal

14 years 1990, 1991, and 1992, that were subsequently can15 celed (as a result of a cancellation of such submarines)

16 shall not be taken into account in the application of the

17 limitation in subsection (a).’’.

18 SEC. 127. RADAR MODERNIZATION.

19 Funds appropriated for the Navy for fiscal years be20 fore fiscal year 1997 may not be used for development

21 and procurement of the Pulse Doppler Upgrade modifica22 tion to the AN/SPS–48E radar system.
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1 Subtitle D—Air Force Programs

2 SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE

3 C–17 AIRCRAFT PROGRAM.

4 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The

5 Secretary of the Air Force may, pursuant to section 2306b

6 of title 10, United States Code (except as provided in sub7 section (b)(1)), enter into one or more multiyear contracts

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

9 17 aircraft.

10 (b) CONTRACT PERIOD.—(1) Notwithstanding sec11 tion 2306b(k) of title 10, United States Code, the period

12 covered by a contract entered into on a multiyear basis

13 under the authority of subsection (a) may exceed five

14 years, but may not exceed seven years.

15 (2) Paragraph (1) shall not be construed as prohibit16 ing the Secretary of the Air Force from entering into a

17 multiyear contract for a period of less than seven years.

18 In determining to do so, the Secretary shall consider

19 whether—

20 (A) sufficient funding is provided for in the fu21 ture-years defense program for procurement, within

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

23 be procured (within the number set forth in sub24 section (a)); and
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1 (B) the contractor is capable of delivering that

2 total number of aircraft within the shorter period.

3 (c) OPTION TO CONVERT TO ONE-YEAR PROCURE4 MENTS.—Each multiyear contract for the procurement of

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

6 a clause that permits the Secretary of the Air Force—

7 (1) to terminate the contract as of September

8 30, 1998, without a modification in the price of each

9 aircraft and without incurring any obligation to pay

10 the contractor termination costs; and

11 (2) to then enter into follow-on one-year con12 tracts with the contractor for the procurement of C–

13 17 aircraft (within the total number of aircraft au14 thorized under subsection (a)) at a negotiated price

15 that is not to exceed the price that is negotiated be16 fore September 30, 1998, for the annual production

17 contract for the C–17 aircraft in lot VIII and subse18 quent lots.

19 Subtitle E—Reserve Components

20 SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES

21 OF THE RESERVE COMPONENTS.

22 (a) ASSESSMENTS REQUIRED.—Not later than De23 cember 1, 1996, each officer referred to in subsection (b)

24 shall submit to the congressional defense committees an

25 assessment of the modernization priorities established for
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1 the reserve component or reserve components for which

2 that officer is responsible.

3 (b) RESPONSIBLE OFFICERS.—The officers required

4 to submit a report under subsection (a) are as follows:

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

6 (2) The Chief of Army Reserve.

7 (3) The Chief of Air Force Reserve.

8 (4) The Director of Naval Reserve.

9 (5) The Commanding General, Marine Forces

10 Reserve.

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1997 for the use of the Department of Defense

19 for research, development, test, and evaluation as follows:

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

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

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

23 (4) For Defense-wide activities,

24 $9,699,542,000, of which—
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1 (A) $252,038,000 is authorized for the ac2 tivities of the Director, Test and Evaluation;

3 and

4 (B) $21,968,000 is authorized for the Di5 rector of Operational Test and Evaluation.

6 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR7 ATORY DEVELOPMENT.

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

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

10 be available for basic research and exploratory develop11 ment projects.

12 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP13 MENT DEFINED.—For purposes of this section, the term

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

15 funded in program elements for defense research and de16 velopment under Department of Defense category 6.1 or

17 6.2.

18 SEC. 203. DEFENSE NUCLEAR AGENCY.

19 Of the amounts authorized to be appropriated for the

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

21 shall be available for the Defense Nuclear Agency.
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1 SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, TEST,

2 AND EVALUATION RELATING TO HUMANI3 TARIAN DEMINING TECHNOLOGIES.

4 Of the amounts authorized to be appropriated by sec5 tion 201(4), $18,000,000 shall be available for research,

6 development, test, and evaluation activities relating to hu7 manitarian demining technologies (PE0603120D), to be

8 administered by the Assistant Secretary of Defense for

9 Special Operations and Low Intensity Conflict.

10 Subtitle B—Program Require11 ments, Restrictions, and Limita12 tions

13 SEC. 211. SPACE LAUNCH MODERNIZATION.

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

15 authorization of appropriations in section 201(3) are au16 thorized to be made available for space launch moderniza17 tion for purposes and in amounts as follows:

18 (1) For the Evolved Expendable Launch Vehi19 cle program, $44,457,000.

20 (2) For a competitive reusable launch vehicle

21 technology program, $25,000,000.

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

23 for the reusable launch vehicle technology program pursu24 ant to subsection (a)(2), the total amount obligated for

25 such purpose may not exceed the total amount allocated

26 in the fiscal year 1997 current operating plan of the Na-
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1 tional Aeronautics and Space Administration for the Reus2 able Space Launch program of the National Aeronautics

3 and Space Administration.

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

5 Expendable Launch Vehicle program pursuant to sub6 section (a)(1) may be obligated until the Secretary of De7 fense certifies to Congress that the Secretary has made

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

9 available for the reusable launch vehicle technology pro10 gram pursuant to subsection (a)(2).

11 SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.

12 (a) REQUIRED PROGRAM ELEMENT.—The Secretary

13 of Defense shall include the kinetic energy tactical anti14 satellite program of the Department of Defense as an ele15 ment of the space control architecture being developed by

16 the Department of Defense Space Architect.

17 (b) LIMITATION ON USE OF FUNDS.—None of the

18 funds authorized to be appropriated pursuant to this Act,

19 or otherwise made available to the Department of Defense

20 for fiscal year 1997, may be obligated or expended for the

21 Department of Defense Space Architect until the Sec22 retary of Defense certifies to Congress that—

23 (1) the Secretary is complying with the require24 ment in subsection (a);
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1 (2) funds appropriated for the kinetic energy

2 tactical anti-satellite program for fiscal year 1996

3 have been obligated in accordance with section 218

4 of Public Law 104–106 and the Joint Explanatory

5 Statement of the Committee of Conference accom6 panying S. 1124 (House Report 104–450 (104th

7 Congress, second session)); and

8 (3) the Secretary has made available for obliga9 tion the funds appropriated for the kinetic energy

10 tactical anti-satellite program for fiscal year 1997 in

11 accordance with this Act.

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

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

14 authorization of appropriations in section 201(3) are au15 thorized to be made available for the Space-Based Infra16 red System program for purposes and in amounts as fol17 lows:

18 (1) For Space Segment High, $192,390,000.

19 (2) For Space Segment Low (the Space and

20 Missile Tracking System), $247,221,000.

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

22 (b) CONDITIONAL TRANSFER OF MANAGEMENT

23 OVERSIGHT.—Not later than 30 days after the date of the

24 enactment of this Act, the Secretary of Defense shall

25 transfer the management oversight responsibilities for the
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1 Space and Missile Tracking System from the Secretary

2 of the Air Force to the Director of the Ballistic Missile

3 Defense Organization.

4 (c) CERTIFICATION.—If, within the 30-day period de5 scribed in subsection (b), the Secretary of Defense submits

6 to Congress a certification that the Secretary has estab7 lished a program baseline for the Space-Based Infrared

8 System that satisfies the requirements of section 216(a)

9 of Public Law 104–106 (110 Stat. 220), then subsection

10 (b) of this section shall cease to be effective on the date

11 on which the Secretary submits the certification.

12 SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECH13 NOLOGY.

14 Section 132 of the National Defense Authorization

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

16 210) is repealed.

17 SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT

18 PROGRAM.

19 (a) AMOUNT FOR PROGRAM.—Of the amount author20 ized to be appropriated under section 201(3), $50,000,000

21 shall be available for the Clementine 2 micro-satellite

22 near-Earth asteroid interception mission.

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

24 be appropriated pursuant to this Act for the global posi25 tioning system (GPS) Block II F Satellite system may be
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1 obligated until the Secretary of Defense certifies to Con2 gress that—

3 (1) funds appropriated for fiscal year 1996 for

4 the Clementine 2 Micro-Satellite development pro5 gram have been obligated in accordance with Public

6 Law 104–106 and the Joint Explanatory Statement

7 of the Committee of Conference accompanying S.

8 1124 (House Report 104–450 (104th Congress, sec9 ond session)); and

10 (2) the Secretary has made available for obliga11 tion the funds appropriated for fiscal year 1997 for

12 the Clementine 2 micro-satellite development pro13 gram in accordance with this section.

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

15 No official of the Department of Defense may enter

16 into a contract for the procurement of (including advance

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

18 low observable, high altitude endurance unmanned aerial

19 vehicles than is necessary to complete procurement of a

20 total of three such vehicles until flight testing has been

21 completed.

22 SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PRO23 GRAM.

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

25 shall submit to Congress a report comparing the Predator
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1 unmanned aerial vehicle program with the Dark Star (tier

2 III) low observable, high altitude endurance unmanned

3 aerial vehicle program. The report shall contain the follow4 ing:

5 (1) A comparison of the capabilities of the

6 Predator unmanned aerial vehicle with the capabili7 ties of the Dark Star unmanned aerial vehicle.

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

9 program with the costs of the Dark Star program.

10 (3) A recommendation on which program

11 should be funded in the event that funds are author12 ized to be appropriated, and are appropriated, for

13 only one of the two programs in the future.

14 (b) LIMITATION ON USE OF FUNDS PENDING SUB15 MISSION OF REPORT.—Funds appropriated pursuant to

16 section 104 may not be obligated for any contract to be

17 entered into after the date of the enactment of this Act

18 for the procurement of Predator unmanned aerial vehicles

19 until the date that is 60 days after the date on which the

20 Secretary of Defense submits the report required by sub21 section (a).

22 SEC. 218. COST ANALYSIS OF F–22 AIRCRAFT PROGRAM.

23 (a) REVIEW OF PROGRAM.—The Secretary of De24 fense shall direct the Cost Analysis Improvement Group

25 in the Office of the Secretary of Defense to review the
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1 F–22 aircraft program, analyze and estimate the produc2 tion costs of the program, and submit to the Secretary

3 a report on the results of the review. The report shall in4 clude—

5 (1) a comparison of—

6 (A) the results of the review, with

7 (B) the results of the last independent esti8 mate of production costs of the program that

9 was prepared by the Cost Analysis Improve10 ment Group in July 1991; and

11 (2) a description of any major changes in pro12 grammatic assumptions that have occurred since the

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

14 including any major change in assumptions regard15 ing the program schedule, the quantity of aircraft to

16 be developed and acquired, and the annual rates of

17 production, together with an assessment of the ef18 fects of such changes on the program.

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

20 Secretary shall transmit to the congressional defense com21 mittees the report prepared under paragraph (1), together

22 with the Secretary’s views on the matters covered by the

23 report.

24 (c) LIMITATION ON USE OF FUNDS PENDING SUB25 MISSION OF REPORT.—Not more than 92 percent of the
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1 funds appropriated for the F–22 aircraft program pursu2 ant to the authorization of appropriations in section

3 103(1) may be expended until the Secretary of Defense

4 submits the report required by subsection (b).

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

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

7 President submits the budget for a fiscal year to Congress

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

9 Code, the Secretary of Defense shall submit to Congress

10 a report on event-based decisionmaking for the F–22 air11 craft program for that fiscal year. The Secretary shall

12 submit the report for fiscal year 1997 not later than Octo13 ber 1, 1996.

14 (2) The report for a fiscal year shall include the fol15 lowing:

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

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

18 during that fiscal year regarding whether the F–22

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

20 new administrative subdivision of a phase.

21 (B) The criteria (known as ‘‘exit criteria’’) to

22 be applied, for purposes of making the event-based

23 decision, in determining whether the F–22 aircraft

24 program has demonstrated the specific progress nec-
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1 essary for proceeding into the new phase or adminis2 trative subdivision of a phase.

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

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

5 made for the F–22 aircraft program, the Secretary of De6 fense shall submit to Congress a report on the decision.

7 The report shall include the following:

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

9 the commitments to be made, under the program as

10 a result of the decision.

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

12 decision.

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

15 the decision.

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

18 (a) FUNDING.—Of the amount authorized to be ap19 propriated under section 201(2), $15,000,000 shall be

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

21 evaluation of nonlethal weapons and nonlethal tech22 nologies under the program element established pursuant

23 to subsection (b).

24 (b) NEW PROGRAM ELEMENT REQUIRED.—The Sec25 retary of Defense shall establish a new program element
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1 for the funds authorized to be appropriated under sub2 section (a). The funds within that program element shall

3 be administered by the executive agent designated for joint

4 service research, development, test, and evaluation of non5 lethal weapons and nonlethal technologies.

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

7 None of the funds authorized to be appropriated for the

8 Department of Defense for fiscal year 1997 for foreign

9 comparative testing (program element 605130D) may be

10 obligated until the funds authorized to be appropriated in

11 section 219(d) of the National Defense Authorization Act

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

13 223) are released for obligation by the executive agent re14 ferred to in subsection (b).

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

16 to be appropriated for the Department of Defense for fis17 cal year 1997 for NATO research and development (pro18 gram element 603790D) may be obligated until the funds

19 authorized to be appropriated in subsection (a) are re20 leased for obligation by the executive agent referred to in

21 subsection (b).

22 SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.

23 (a) FUNDING.—Of the funds authorized to be appro24 priated to the Department of Defense under section

25 201(4), $176,200,000 shall be available for the
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1 Counterproliferation Support Program, of which

2 $75,000,000 shall be available for a tactical antisatellite

3 technologies program.

4 (b) ADDITIONAL AUTHORITY TO TRANSFER AU5 THORIZATIONS.—(1) In addition to the transfer authority

6 provided in section 1001, upon determination by the Sec7 retary of Defense that such action is necessary in the na8 tional interest, the Secretary may transfer amounts of au9 thorizations made available to the Department of Defense

10 in this division for fiscal year 1997 to counterproliferation

11 programs, projects, and activities identified as areas for

12 progress by the Counterproliferation Program Review

13 Committee established by section 1605 of the National

14 Defense Authorization Act for Fiscal Year 1994 (22

15 U.S.C. 2751 note). Amounts of authorizations so trans16 ferred shall be merged with and be available for the same

17 purposes as the authorization to which transferred.

18 (2) The total amount of authorizations transferred

19 under the authority of this subsection may not exceed

20 $50,000,000.

21 (3) The authority provided by this subsection to

22 transfer authorizations—

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

24 items that have a higher priority than the items

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

2 item that has been denied authorization by Con3 gress.

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

5 under the authority of this subsection shall be deemed to

6 increase the amount authorized for the account to which

7 the amount is transferred by an amount equal to the

8 amount transferred.

9 (5) The Secretary of Defense shall promptly notify

10 Congress of transfers made under the authority of this

11 subsection.

12 (c) LIMITATION ON USE OF FUNDS FOR TECHNICAL

13 STUDIES AND ANALYSES PENDING RELEASE OF

14 FUNDS.—(1) None of the funds authorized to be appro15 priated to the Department of Defense for fiscal year 1997

16 for program element 605104D, relating to technical stud17 ies and analyses, may be obligated or expended until the

18 funds referred to in paragraph (2) have been released to

19 the program manager of the tactical anti-satellite tech20 nology program for implementation of that program.

21 (2) The funds for release referred to in paragraph

22 (1) are as follows:

23 (A) Funds authorized to be appropriated by

24 section 218(a) of the National Defense Authoriza25 tion Act for Fiscal Year 1996 (Public Law 104–106;
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1 110 Stat. 222) that are available for the program

2 referred to in paragraph (1).

3 (B) Funds authorized to be appropriated to the

4 Department for fiscal year 1997 by this Act for the

5 Counterproliferation Support Program that are to be

6 made available for that program.

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

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

12 1997 under section 201 may be obligated to procure work

13 from a federally funded research and development center

14 (in this section referred to as an ‘‘FFRDC’’) or a univer15 sity-affiliated research center (in this section referred to

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

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

18 a center, only in an amount not in excess of the amount

19 of the proposed funding level set forth for that center in

20 such report.

21 (b) REPORT ON ALLOCATIONS FOR CENTERS.—(1)

22 Not later than 30 days after the date of the enactment

23 of this Act, the Secretary of Defense shall submit to the

24 Committee on Armed Services of the Senate and the Com-
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1 mittee on National Security of the House of Representa2 tives a report containing—

3 (A) the name of each FFRDC and UARC from

4 which work is proposed to be procured for the De5 partment of Defense for fiscal year 1997; and

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

7 level and the estimated personnel level for fiscal year

8 1997.

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

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

11 the amount set forth in subsection (d).

12 (c) LIMITATION PENDING SUBMISSION OF RE13 PORT.—Not more than 15 percent of the funds authorized

14 to be appropriated for the Department of Defense for fis15 cal year 1997 for FFRDCs and UARCs under section 201

16 may be obligated to procure work from an FFRDC or

17 UARC until the Secretary of Defense submits the report

18 required by subsection (b).

19 (d) FUNDING.—Of the amounts authorized to be ap20 propriated by section 201, not more than a total of

21 $1,668,850,000 may be obligated to procure services from

22 the FFRDCs and UARCs named in the report required

23 by subsection (b).

24 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

25 The Secretary of Defense may waive the limitation regard-
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1 ing the maximum funding amount that applies under sub2 section (a) to an FFRDC or UARC. Whenever the Sec3 retary proposes to make such a waiver, the Secretary shall

4 submit to the Committee on Armed Services of the Senate

5 and the Committee on National Security of the House of

6 Representatives notice of the proposed waiver and the rea7 sons for the waiver. The waiver may then be made only

8 after the end of the 60-day period that begins on the date

9 on which the notice is submitted to those committees, un10 less the Secretary determines that it is essential to the

11 national security that funds be obligated for work at that

12 center in excess of that limitation before the end of such

13 period and notifies those committees of that determination

14 and the reasons for the determination.

15 SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.

16 (a) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC17 COUNT.—Of the amount authorized to be appropriated by

18 section 201(2)—

19 (1) $489,443,000 is available for the design of

20 the submarine previously designated by the Navy as

21 the New Attack Submarine; and

22 (2) $100,000,000 is available to address the in23 clusion on future nuclear attack submarines of core

24 advanced technologies, category I advanced tech25 nologies, and category II advanced technologies, as
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1 such advanced technologies are identified by the Sec2 retary of Defense in Appendix C of the report of the

3 Secretary entitled ‘‘Report on Nuclear Attack Sub4 marine Procurement and Submarine Technology’’,

5 submitted to Congress on March 26, 1996.

6 (b) CERTAIN TECHNOLOGIES TO BE EMPHASIZED.—

7 In using funds made available in accordance with sub8 section (a)(2), the Secretary of the Navy shall emphasize

9 research, development, test, and evaluation of the tech10 nologies identified by the Submarine Technology Assess11 ment Panel (in the final report of the panel to the Assist12 ant Secretary of the Navy for Research, Development, and

13 Acquisition, dated March 15, 1996) as having the highest

14 priority for initial investment.

15 (c) SHIPYARDS INVOLVED IN TECHNOLOGY DEVEL16 OPMENT.—To further implement the recommendations of

17 the Submarine Technology Assessment Panel, the Sec18 retary of the Navy shall ensure that the shipyards involved

19 in the construction of nuclear attack submarines are also

20 principal participants in the process of developing ad21 vanced submarine technologies and including the tech22 nologies in future submarine designs. The Secretary shall

23 ensure that those shipyards have access for such purpose

24 (under procedures prescribed by the Secretary) to the

25 Navy laboratories and the Office of Naval Intelligence and
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1 (in accordance with arrangements to be made by the Sec2 retary) to the Defense Advanced Research Projects Agen3 cy.

4 (d) FUNDING FOR CONTRACTS UNDER 1996 AGREE5 MENT AMONG THE NAVY AND SHIPYARDS.—In addition

6 to the purposes of which the amount authorized to be ap7 propriated by section 201(2) are available under para8 graphs (1) and (2) of subsection (a), the amounts avail9 able under such paragraphs are also available for con10 tracts with Electric Boat Division and Newport News

11 Shipbuilding to carry out the provisions of the ‘‘Memoran12 dum of Agreement Among the Department of the Navy,

13 Electric Boat Corporation (EB), and Newport News Ship14 building and Drydock Company (NNS) Concerning the

15 New Attack Submarine’’, dated April 5, 1996, for research

16 and development activities under that memorandum of

17 agreement.

18 SEC. 224. FUNDING FOR BASIC RESEARCH IN NUCLEAR

19 SEISMIC MONITORING.

20 Of the amount authorized to be appropriated by sec21 tion 201(3) and made available for arms control imple22 mentation for the Air Force (account PE0305145F),

23 $6,500,000 shall be available for basic research in nuclear

24 seismic monitoring.
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1 SEC. 225. CYCLONE CLASS CRAFT SELF-DEFENSE.

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

3 1997, the Secretary of Defense shall—

4 (1) carry out a study of vessel self-defense op5 tions for the Cyclone class patrol craft; and

6 (2) submit to the Committee on Armed Services

7 of the Senate and the Committee on National Secu8 rity of the House of Representatives a report on the

9 results of the study.

10 (b) SOCOM INVOLVEMENT.—The Secretary shall

11 carry out the study through the Commander of the Special

12 Operations Command.

13 (c) SPECIFIC SYSTEM TO BE EVALUATED.—The

14 study under subsection (a) shall include an evaluation of

15 the BARAK ship self-defense missile system.

16 SEC. 226. COMPUTER-ASSISTED EDUCATION AND TRAIN17 ING.

18 Of the amount authorized to be appropriated under

19 section 201(4), $10,000,000 shall be available under pro20 gram element 0601103D for computer-assisted education

21 and training at the Defense Advanced Research Projects

22 Agency.

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

24 Of the amount authorized to be appropriated by this

25 Act, $7,000,000 shall be available for the Defense Ad26 vanced Research Projects Agency for research and devel-
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1 opment on Seamless High Off-Chip Connectivity

2 (SHOCC) under the materials and electronic technology

3 program (PE 0602712E).

4 SEC. 228. COST-BENEFIT ANALYSIS OF F/A–18E/F AIRCRAFT

5 PROGRAM.

6 (a) REPORT ON PROGRAM.—Not later than March

7 30, 1997, the Secretary of Defense shall submit to the

8 congressional defense committees a report on the

9 F/A–18E/F aircraft program.

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

11 the following:

12 (1) A review of the F/A–18E/F aircraft

13 program.

14 (2) An analysis and estimate of the production

15 costs of the program for the total number of aircraft

16 realistically expected to be procured at each of three

17 annual production rates as follows:

18 (A) 18 aircraft.

19 (B) 24 aircraft.

20 (C) 36 aircraft.

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

22 the program with the costs and benefits of the

23 F/A–18C/D aircraft program taking into account the

24 operational combat effectiveness of the aircraft.
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1 (c) LIMITATION ON USE OF FUNDS PENDING TRANS2 MITTAL OF REPORT.—No more than 90 percent of the

3 funds authorized to be appropriated by this Act may be

4 obligated or expended for the procurement of F/A–18E/

5 F aircraft before the date that is 30 days after the date

6 on which the congressional defense committees receive the

7 report required under subsection (a).

8 SEC. 229. NATIONAL POLAR-ORBITING OPERATIONAL ENVI9 RONMENTAL SATELLITE SYSTEM.

10 (a) FUNDS AVAILABLE FOR POLAR-ORBITING OPER11 ATIONAL ENVIRONMENTAL SATELLITE SYSTEM.—Of the

12 amount authorized to be appropriated under section

13 201(3), $29,024,000 is available for the National Polar14 Orbiting Operational Environmental Satellite System

15 (Space) program (PE 0603434F).

16 (b) FUNDS AVAILABLE FOR INTERCONTINENTAL

17 BALLISTIC MISSILE.—Of the amount authorized to be ap18 propriated under section 201(3), $212,895,000 is avail19 able for the Intercontinental Ballistic Missile—EMD pro20 gram (PE 0604851F).

21 SEC. 230. SURGICAL STRIKE VEHICLE FOR USE AGAINST

22 HARDENED AND DEEPLY BURIED TARGETS.

23 (a) AMOUNT AUTHORIZED.—Of the amount author24 ized to be appropriated by section 201(4) for

25 counterproliferation support program $3,000,000 shall be
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1 made available to the Air Combat Command for research

2 and development into the near-term development of a ca3 pability to defeat hardened and deeply buried targets, in4 cluding tunnels and deeply buried facilities for the produc5 tion and storage of chemical, biological, and nuclear weap6 ons and their delivery systems.

7 (b) REQUIREMENTS.—Nothing in this section shall

8 be construed as precluding the application of the require9 ments of the Competition in Contracting Act.

10 Subtitle C—Ballistic Missile

11 Defense

12 SEC. 231. CONVERSION OF ABM TREATY TO MULTILATERAL

13 TREATY.

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

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

16 be bound by any international agreement entered into by

17 the President that would substantively modify the ABM

18 Treaty, including any agreement that would add one or

19 more countries as signatories to the treaty or would other20 wise convert the treaty from a bilateral treaty to a multi21 lateral treaty, unless the agreement is entered pursuant

22 to the treaty making power of the President under the

23 Constitution.

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

25 shall not be construed as superseding section 232 of the
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1 National Defense Authorization Act for Fiscal Year 1995

2 (Public Law 103–337; 108 Stat. 2701) for any fiscal year

3 other than fiscal year 1997, including any fiscal year after

4 fiscal year 1997.

5 SEC. 232. FUNDING FOR UPPER TIER THEATER MISSILE DE6 FENSE SYSTEMS.

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

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

9 in amounts as follows:

10 (1) For the Theater High Altitude Area De11 fense (THAAD) System, $621,798,000.

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

13 system, $304,171,000.

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

15 otherwise made available for the Department of Defense

16 pursuant to this or any other Act may be obligated or ex17 pended by the Office of the Under Secretary of Defense

18 for Acquisition and Technology for official representation

19 activities, or related activities, until the Secretary of De20 fense certifies to Congress that—

21 (1) the Secretary has made available for obliga22 tion the funds provided under subsection (a) for the

23 purposes specified in that subsection and in the

24 amounts appropriated pursuant to that subsection;

25 and
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1 (2) the Secretary has included the Navy Upper

2 Tier theater missile defense system in the theater

3 missile defense core program.

4 SEC. 233. ELIMINATION OF REQUIREMENTS FOR CERTAIN

5 ITEMS TO BE INCLUDED IN THE ANNUAL RE6 PORT ON THE BALLISTIC MISSILE DEFENSE

7 PROGRAM.

8 Section 224(b) of the National Defense Authorization

9 Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431

10 note), is amended—

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

12 and (10); and

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

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

15 SEC. 234. ABM TREATY DEFINED.

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

17 Treaty Between the United States of America and the

18 Union of Soviet Socialist Republics on the Limitation of

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

20 26, 1972, with related protocol, signed in Moscow on July

21 3, 1974.

22 SEC. 235. SCORPIUS SPACE LAUNCH TECHNOLOGY PRO23 GRAM.

24 Of the amount authorized to be appropriated under

25 section 201(4) for the Ballistic Missile Defense Organiza-
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1 tion for Support Technologies/Follow-On Technologies

2 (PE 63173C), up to $7,500,000 is available for the

3 Scorpius space launch technology program.

4 SEC. 236. CORPS SAM/MEADS PROGRAM.

5 (a) FUNDING.—Of the amount authorized to be ap6 propriated under section 201(4)—

7 (1) $56,200,000 is available for the Corps sur8 face-to-air missile (SAM)/Medium Extended Air De9 fense System (MEADS) program (PE63869C); and

10 (2) $515,711,000 is available for Other Theater

11 Missile Defense programs, projects, and activities

12 (PE63872C).

13 (b) INTERNATIONAL COOPERATION.—The Secretary

14 of Defense may carry out the program referred to in sub15 section (a) in accordance with the memorandum of under16 standing entered into on May 25, 1996 by the govern17 ments of the United States, Germany, and Italy regarding

18 international cooperation on such program (including any

19 amendments to the memorandum of understanding).

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

21 the amount available for the Corps SAM/MEADS pro22 gram under subsection (a) may be obligated until the Sec23 retary of Defense submits to the congressional defense

24 committees the following:
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1 (1) An initial program estimate for the Corps

2 SAM/MEADS program, including a tentative sched3 ule of major milestones and an estimate of the total

4 program cost through initial operational capability.

5 (2) A report on the options associated with the

6 use of existing systems, technologies, and program

7 management mechanisms to satisfy the requirement

8 for the Corps surface-to-air missile, including an as9 sessment of cost and schedule implications in rela10 tion to the program estimate submitted under para11 graph (1).

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

13 in overall United States funding commitment to the

14 project definition and validation phase of the Corps

15 SAM/MEADS program as a result of the withdrawal

16 of France from participation in the program.

17 SEC. 237. ANNUAL REPORT ON THREAT OF ATTACK BY BAL18 LISTIC MISSILES CARRYING NUCLEAR, CHEM19 ICAL, OR BIOLOGICAL WARHEADS.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) The worldwide proliferation of ballistic mis23 siles is a potential threat to the United States na24 tional interests overseas and challenges United

25 States defense planning.
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1 (2) In the absence of a national missile defense,

2 the United States remains vulnerable to long-range

3 missile threats.

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

5 system deployed around Moscow.

6 (4) Several countries, including Iraq, Iran, and

7 North Korea may soon be technologically capable of

8 threatening the United States and Russia with bal9 listic missile attack.

10 (b) REPORT REQUIRED.—(1) Each year, the Presi11 dent shall submit to Congress a report on the threats to

12 the United States of attack by ballistic missiles carrying

13 nuclear, biological, or chemical warheads.

14 (2) The President shall submit the first report not

15 later than 180 days after the date of the enactment of

16 this Act.

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

18 the following:

19 (1) A list of all countries thought to have nu20 clear, chemical, or biological weapons, the estimated

21 numbers of such weapons that each country has, and

22 the destructive potential of the weapons.

23 (2) A list of all countries thought to have ballis24 tic missiles, the estimated number of such missiles

25 that each country has, and an assessment of the
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1 ability of those countries to integrate their ballistic

2 missile capabilities with their nuclear, chemical, or

3 biological weapons technologies.

4 (3) A comparison of the United States civil de5 fense capabilities with the civil defense capabilities of

6 each country that has nuclear, chemical, or biologi7 cal weapons and ballistic missiles capable of deliver8 ing such weapons.

9 (4) An estimate of the number of American fa10 talities and injuries that could result, and an esti11 mate of the value of property that could be lost,

12 from an attack on the United States by ballistic mis13 siles carrying nuclear, chemical, or biological weap14 ons if the United States were left undefended by a

15 national missile defense system covering all 50

16 States.

17 (5) Assuming the use of any existing theater

18 ballistic missile defense system for defense of the

19 United States, a list of the States that would be left

20 exposed to nuclear ballistic missile attacks and the

21 criteria used to determine which States would be left

22 exposed.

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

24 preparing to defend itself against the potential

25 threat of ballistic missile attacks by North Korea,
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1 Iran, Iraq, and other countries obtaining ballistic

2 missiles capable of delivering nuclear, chemical, and

3 biological weapons in the near future.

4 (7) For each country that is capable of attack5 ing the United States with ballistic missiles carrying

6 a nuclear, biological, or chemical weapon, a compari7 son of—

8 (A) the vulnerability of the United States

9 to such an attack if theater missile defenses

10 were used to defend against the attack; and

11 (B) the vulnerability of the United States

12 to such an attack if a national missile defense

13 were in place to defend against the attack.

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

15 (a) SENSE OF THE SENATE.—It is the sense of the

16 Senate that—

17 (1) the Air Force proposal for a Minuteman

18 based national missile defense system is an impor19 tant national missile defense option and is worthy of

20 serious consideration; and

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

22 Force National Missile Defense Proposal full consid23 eration.

24 (b) REPORT.—Not later than 120 days after the en25 actment of this Act, the Secretary of Defense shall provide
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1 the congressional defense committees a report on the fol2 lowing matters in relation to the Air Force National Mis3 sile Defense Proposal:

4 (1) The cost and operational effectiveness of a

5 system that could be developed pursuant to the Air

6 Forces’ plan.

7 (2) The Arms Control implications of such sys8 tem.

9 (3) Growth potential to meet future threats.

10 (4) The Secretary’s recommendation for im11 provements to the Air Force’s plan.

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

13 TO IMPLEMENT AN INTERNATIONAL AGREE14 MENT CONCERNING THEATER MISSILE DE15 FENSE SYSTEMS.

16 Section 235(c) of the National Defense Authorization

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

18 232) is amended in the matter preceding paragraph (1)

19 by inserting ‘‘or 1997’’ after ‘‘fiscal year 1996’’.

20 Subtitle D—Other Matters

21 SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR22 CRAFT.

23 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

24 Secretary of Defense may, in accordance with section

25 2366(c) of title 10, United States Code, waive for the F–
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1 22 aircraft program the survivability tests required by

2 that section, notwithstanding that such program has en3 tered full-scale engineering development.

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

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

6 of title 10, United States Code, a certification that live7 fire testing of the F–22 aircraft would be unreasonably

8 expensive and impractical, the Secretary of Defense shall

9 require that F–22 aircraft components and subsystems be

10 made available for any alternative live-fire test program.

11 (2) The components and subsystem required by the

12 Secretary to be made available for such a program shall

13 be components that—

14 (A) could affect the survivability of the F–22

15 aircraft; and

16 (B) are sufficiently large and realistic that

17 meaningful conclusions about the survivability of F–

18 22 aircraft can be drawn from the test results.

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

20 program may be used for carrying out any alternative live21 fire testing program for F–22 aircraft.

22 SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR23 CRAFT.

24 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

25 Secretary of Defense may, in accordance with section
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1 2366(c) of title 10, United States Code, waive for the V–

2 22 aircraft program the survivability tests required by

3 that section, notwithstanding that such program has en4 tered engineering and manufacturing development.

5 (b) ALTERNATIVE SURVIVABILITY TEST REQUIRE6 MENTS.—If the Secretary of Defense submits in accord7 ance with section 2366(c)(1) of title 10, United States

8 Code, a certification that live-fire testing of the V–22 air9 craft would be unreasonably expensive and impractical,

10 the Secretary of Defense shall require that a sufficient

11 number of components critical to the survivability of the

12 V–22 aircraft be tested in an alternative live-fire test pro13 gram involving realistic threat environments that mean14 ingful conclusions about the survivability of V–22 aircraft

15 can be drawn from the test results.

16 (c) FUNDING.—Funds available for the V–22 aircraft

17 program may be used for carrying out any alternative live18 fire testing program for V–22 aircraft.

19 SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIA20 TIVE SUPPORT PROGRAM.

21 Section 802(c) of the National Defense Authorization

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

23 1701; 10 U.S.C. 2358 note) is amended by striking out

24 ‘‘fiscal years before the fiscal year in which the institution

25 submits a proposal’’ and inserting in lieu thereof ‘‘most
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1 recent fiscal years for which complete statistics are avail2 able when proposals are requested’’.

3 SEC. 244. DESALTING TECHNOLOGIES.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) Access to scarce fresh water is likely to be

7 a cause of future military conflicts in the Middle

8 East and has a direct impact on stability and secu9 rity in the region.

10 (2) The Middle East is an area of vital and

11 strategic importance to the United States.

12 (3) The United States has played a military

13 role in the Middle East, most recently in the Persian

14 Gulf War, and may likely be called upon again to

15 deter aggression in the region.

16 (4) United States troops have used desalting

17 technologies to guarantee the availability of fresh

18 water in past deployments in the Middle East.

19 (5) Adequate, efficient, and cheap access to

20 high-quality fresh water will be vital to maintaining

21 the readiness and sustainability of United States

22 troops, and those of our allies.

23 (b) SENSE OF SENATE.—It is the sense of the Senate

24 that, as improved access to fresh water will be an impor25 tant factor in helping prevent future conflicts in the Mid-
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1 dle East, the United States should, in cooperation with

2 its allies, promote and invest in technologies to reduce the

3 costs of converting saline water into fresh water.

4 (c) FUNDING FOR RESEARCH AND DEVELOPMENT.—

5 Of the amounts authorized to be appropriated by this title,

6 the Secretary shall place greater emphasis on making

7 funds available for research and development into efficient

8 and economical processes and methods for converting sa9 line water into fresh water.

10 Subtitle E—National

11 Oceanographic Partnership

12 SEC. 251. SHORT TITLE.

13 This subtitle may be cited as the ‘‘National Oceano14 graphic Partnership Act’’.

15 SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO16 GRAM.

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

18 United States Code, is amended by inserting after chapter

19 663 the following new chapter:

20 ‘‘CHAPTER 665—NATIONAL OCEANO21 GRAPHIC PARTNERSHIP PROGRAM

‘‘Sec.

‘‘7901. National Oceanographic Partnership Program.

‘‘7902. National Ocean Research Leadership Council.

‘‘7903. Partnership program projects.
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1 ‘‘§ 7901. National Oceanographic Partnership Pro2 gram

3 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

4 shall establish a program to be known as the ‘National

5 Oceanographic Partnership Program’.

6 ‘‘(b) PURPOSES.—The purposes of the program are

7 as follows:

8 ‘‘(1) To promote the national goals of assuring

9 national security, advancing economic development,

10 protecting quality of life, and strengthening science

11 education and communication through improved

12 knowledge of the ocean.

13 ‘‘(2) To coordinate and strengthen oceano14 graphic efforts in support of those goals by—

15 ‘‘(A) identifying and carrying out partner16 ships among Federal agencies, institutions of

17 higher education, industry, and other members

18 of the oceanographic scientific community in

19 the areas of data, resources, education, and

20 communication; and

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

22 program.

23 ‘‘(c) NATIONAL COASTAL DATA CENTER.—(1) The

24 Secretary of the Navy shall establish a National Coastal

25 Data Center at each of two educational institutions that

26 are either well-established oceanographic institutes or
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1 graduate schools of oceanography. The Secretary shall se2 lect for the center one institution located at or near the

3 east coast of the continental United States and one insti4 tution located at or near the west coast of the continental

5 United States.

6 ‘‘(2) The purpose of the center is to collect, maintain,

7 and make available for research and educational purposes

8 information on coastal oceanographic phenomena.

9 ‘‘(3) The Secretary shall complete the establishment

10 of the National Coastal Data Center not later than one

11 year after the date of the enactment of the National De12 fense Authorization Act for Fiscal Year 1997.

13 ‘‘§ 7902. National Ocean Research Leadership Council

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

15 Leadership Council (hereinafter in this chapter referred

16 to as the ‘‘Council’’).

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

18 following members:

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

20 the chairman of the Council.

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

22 and Atmospheric Administration, who shall be the

23 vice chairman of the Council.

24 ‘‘(3) The Director of the National Science

25 Foundation.
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1 ‘‘(4) The Administrator of the National Aero2 nautics and Space Administration.

3 ‘‘(5) The Commandant of the Coast Guard.

4 ‘‘(6) With their consent, the President of the

5 National Academy of Sciences, the President of the

6 National Academy of Engineering, and the President

7 of the Institute of Medicine.

8 ‘‘(7) Up to five members appointed by the

9 Chairman from among individuals who will represent

10 the views of ocean industries, institutions of higher

11 education, and State governments.

12 ‘‘(c) TERM OF OFFICE.—The term of office of a

13 member of the Council appointed under paragraph (7) of

14 subsection (b) shall be two years, except that any person

15 appointed to fill a vacancy occurring before the expiration

16 of the term for which his predecessor was appointed shall

17 be appointed for the remainder of such term.

18 ‘‘(d) ANNUAL REPORT.—Not later than March 1 of

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

20 on the National Oceanographic Partnership Program. The

21 report shall contain the following:

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

23 carried out during the fiscal year before the fiscal

24 year in which the report is prepared. The description

25 also shall include a list of the members of the Ocean
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1 Research Partnership Coordinating Group (estab2 lished pursuant to subsection (e)), the Ocean Re3 search Advisory Panel (established pursuant to sub4 section (f)), and any working groups in existence

5 during the fiscal year covered.

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

7 for the program during the fiscal year in which the

8 report is prepared.

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

10 fiscal year before the fiscal year in which the report

11 is prepared and projects expected to be started dur12 ing the fiscal year in which the report is prepared

13 and during the following fiscal year.

14 ‘‘(4) A description of the involvement of the

15 program with Federal interagency coordinating enti16 ties.

17 ‘‘(5) The amounts requested, in the budget sub18 mitted to Congress pursuant to section 1105(a) of

19 title 31 for the fiscal year following the fiscal year

20 in which the report is prepared, for the programs,

21 projects, and activities of the program and the esti22 mated expenditures under such programs, projects,

23 and activities during such following fiscal year.

24 ‘‘(e) OCEAN RESEARCH PARTNERSHIP COORDINAT25 ING GROUP.—(1) The Council shall establish an Ocean
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1 Research Partnership Coordinating Group consisting of

2 not more than 10 members appointed by the Council from

3 among officers and employees of the Government, persons

4 employed in the maritime industry, educators at institu5 tions of higher education, and officers and employees of

6 State governments.

7 ‘‘(2) The Council shall designate a member of the Co8 ordinating Group to serve as Chairman of the group.

9 ‘‘(3) The Council shall assign to the Coordinating

10 Group responsibilities that the Council considers appro11 priate. The Coordinating Group shall be subject to the au12 thority, direction, and control of the Council in the per13 formance the assigned responsibilities.

14 ‘‘(f) OCEAN RESEARCH ADVISORY PANEL.—(1) The

15 Council shall establish an Ocean Research Advisory Panel

16 consisting of members appointed by the Council from

17 among persons eminent in the fields of oceanography,

18 ocean sciences, or marine policy (or related fields) who are

19 representative of the interests of governments, institutions

20 of higher education, and industry in the matters covered

21 by the purposes of the National Oceanographic Partner22 ship Program (as set forth in section 7901(b) of this title).

23 ‘‘(2) The Council shall assign to the Advisory Panel

24 responsibilities that the Council consider appropriate. The

25 Coordinating Group shall be subject the authority, direc-
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1 tion, and control of the Council to in the performance of

2 the assigned responsibilities.

3 ‘‘§ 7903. Partnership program projects

4 ‘‘(a) SELECTION OF PARTNERSHIP PROJECTS.—The

5 National Ocean Research Leadership Council shall select

6 the partnership projects that are to be considered eligible

7 for support under the National Oceanographic Partner8 ship Program. A project partnership may be established

9 by any instrument that the Council considers appropriate,

10 including a memorandum of understanding, a cooperative

11 research and development agreement, and any similar in12 strument.

13 ‘‘(b) CONTRACT AND GRANT AUTHORITY.—(1) The

14 Council may authorize one or more of the departments

15 and agencies of the Federal Government represented on

16 the Council to enter into contracts or to make grants for

17 the support of partnership projects selected under sub18 section (a).

19 ‘‘(2) Funds appropriated or otherwise made available

20 for the National Oceanographic Partnership Program may

21 be used for contracts entered into or grants awarded

22 under authority provided pursuant to paragraph (1).’’.

23 (2) The table of chapters at the beginning of subtitle

24 C of title 10, United States Code, and at the beginning
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1 of part IV of such subtitle, are each amended by inserting

2 after the item relating to chapter 663 the following:

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

3 (b) INITIAL APPOINTMENTS OF COUNCIL MEM4 BERS.—The Chairman of the National Ocean Research

5 Leadership Council established under section 7902 of title

6 10, United States Code, as added by subsection (a)(1),

7 shall make the appointments required by subsection (b)(7)

8 of such section not later than December 1, 1996.

9 (c) FIRST ANNUAL REPORT OF NATIONAL OCEAN

10 RESEARCH LEADERSHIP COUNCIL.—The first annual re11 port required by section 7902(d) of title 10, United States

12 Code, as added by subsection (a)(1), shall be submitted

13 to Congress not later than March 1, 1997. The first report

14 shall include, in addition to the information required by

15 such section, information about the terms of office, proce16 dures, and responsibilities of the Ocean Research Advisory

17 Panel established by the Council.

18 (d) FUNDING.—Of the funds authorized to be appro19 priated by section 201(2), $13,000,000 shall be available

20 for the National Oceanographic Partnership Program.
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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 and other

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

11 (1) For the Army, $18,147,623,000.

12 (2) For the Navy, $20,298,339,000.

13 (3) For the Marine Corps, $2,279,477,000.

14 (4) For the Air Force, $17,949,339,000.

15 (5) For Defense-wide activities,

16 $9,863,942,000.

17 (6) For the Army Reserve, $1,094,436,000.

18 (7) For the Naval Reserve, $851,027,000.

19 (8) For the Marine Corps Reserve,

20 $110,367,000.

21 (9) For the Air Force Reserve, $1,493,553,000.

22 (10) For the Army National Guard,

23 $2,218,477,000.

24 (11) For the Air National Guard,

25 $2,699,173,000.
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1 (12) For the Defense Inspector General,

2 $136,501,000.

3 (13) For the United States Court of Appeals

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

5 (14) For Environmental Restoration, Army,

6 $356,916,000.

7 (15) For Environmental Restoration, Navy,

8 $302,900,000.

9 (16) For Environmental Restoration, Air Force,

10 $414,700,000.

11 (17) For Environmental Restoration, Defense12 wide, $258,500,000.

13 (18) For Drug Interdiction and Counter-drug

14 Activities, Defense-wide, $793,824,000.

15 (19) For Medical Programs, Defense,

16 $9,375,988,000.

17 (20) For Cooperative Threat Reduction pro18 grams, $327,900,000.

19 (21) For Overseas Humanitarian, Disaster, and

20 Civic Aid programs, $49,000,000.

21 SEC. 302. WORKING CAPITAL FUNDS.

22 Funds are hereby authorized to be appropriated for

23 fiscal year 1997 for the use of the Armed Forces and other

24 activities and agencies of the Department of Defense for
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1 providing capital for working capital and revolving funds

2 in amounts as follows:

3 (1) For the Defense Business Operations Fund,

4 $947,900,000.

5 (2) For the National Defense Sealift Fund,

6 $1,268,002,000.

7 SEC. 303. DEFENSE NUCLEAR AGENCY.

8 Of the amounts authorized to be appropriated for the

9 Department of Defense under section 301(5),

10 $88,083,000 shall be available for the Defense Nuclear

11 Agency.

12 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK13 PILE TRANSACTION FUND.

14 (a) TRANSFER AUTHORITY.—To the extent provided

15 in appropriations Acts, not more than $150,000,000 is au16 thorized to be transferred from the National Defense

17 Stockpile Transaction Fund to operation and maintenance

18 accounts for fiscal year 1997 in amounts as follows:

19 (1) For the Army, $50,000,000.

20 (2) For the Navy, $50,000,000.

21 (3) For the Air Force, $50,000,000.

22 (b) TREATMENT OF TRANSFERS.—Amounts trans23 ferred under this section—
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1 (1) shall be merged with, and be available for

2 the same purposes and the same period as, the

3 amounts in the accounts to which transferred; and

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

5 been denied authorization of appropriations by Con6 gress.

7 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR8 ITY.—The transfer authority provided in this section is in

9 addition to the transfer authority provided in section

10 1001.

11 SEC. 305. CIVIL AIR PATROL.

12 (a) FUNDING.—Of the amounts authorized to be ap13 propriated pursuant to this Act, $14,526,000 may be

14 made available to the Civil Air Patrol Corporation.

15 (b) AMOUNT FOR SEARCH AND RESCUE OPER16 ATIONS.—Of the amount made available pursuant to sub17 section (a), not more than 75 percent of such amount may

18 be available for costs other than the costs of search and

19 rescue missions.

20 SEC. 306. SR–71 CONTINGENCY RECONNAISSANCE FORCE.

21 Of the funds authorized to be appropriated by section

22 301(4), $30,000,000 is authorized to be made available

23 for the SR–71 contingency reconnaissance force.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME

5 PREPOSITIONING SHIPS OUT OF NATIONAL

6 DEFENSE SEALIFT FUND.

7 (a) NATIONAL DEFENSE SEALIFT FUND.—To the

8 extent provided in appropriations Acts, funds in the Na9 tional Defense Sealift Fund may be obligated and ex10 pended for the purchase and conversion, or construction,

11 of a total of three ships for the purpose of enhancing Ma12 rine Corps prepositioning ship squadrons.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the

14 amount authorized to be appropriated under section

15 302(2), $240,000,000 is authorized to be appropriated for

16 the purpose stated in subsection (a).

17 SEC. 312. NATIONAL DEFENSE SEALIFT FUND.

18 Section 2218 of title 10, United States Code, is

19 amended—

20 (1) in subsection (c)(1)(E), by striking out ‘‘,

21 but only for vessels built in United States ship22 yards’’;

23 (2) in subsection (f)—

24 (A) in paragraph (1)—
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1 (i) by striking out ‘‘five’’ and insert2 ing in lieu thereof ‘‘ten’’; and

3 (ii) by striking out ‘‘(c)(1)’’ and in4 serting in lieu thereof ‘‘(c)(1)(A)’’; and

5 (B) in paragraph (2), by striking out

6 ‘‘(c)(1)’’ and inserting in lieu thereof

7 ‘‘(c)(1)(A)’’; and

8 (3) in subsection (j), by striking out ‘‘(c)(1)

9 (A), (B), (C), and (D)’’ and inserting in lieu thereof

10 ‘‘(c)(1) (A), (B), (C), (D), and (E)’’.

11 SEC. 313. NONLETHAL WEAPONS CAPABILITIES.

12 Of the amount authorized to be appropriated under

13 section 301, $5,000,000 shall be available for the imme14 diate procurement of nonlethal weapons capabilities to

15 meet existing deficiencies in inventories of such capabili16 ties, of which—

17 (1) $2,000,000 shall be available for the Army;

18 and

19 (2) $3,000,000 shall be available for the Marine

20 Corps.

21 SEC. 314. RESTRICTION ON COAST GUARD FUNDING.

22 No funds are authorized by this Act to be appro23 priated to the Department of Defense for the Coast Guard

24 within budget subfunction 054.
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1 SEC. 315. OCEANOGRAPHIC SHIP OPERATIONS AND DATA

2 ANALYSIS.

3 (a) FUNDS AUTHORIZED.—Of the funds provided by

4 section 301(2), an additional $6,200,000 may be author5 ized for the reduction, storage, modeling and conversion

6 of oceanographic data for use by the Navy, consistent with

7 Navy’s requirements.

8 (b) PURPOSE.—Such funds identified in subsection

9 (a) shall be in addition to such amounts already provided

10 for this purpose in the budget request.

11 Subtitle C—Depot-Level Activities

12 SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF

13 CORE LOGISTICS FUNCTIONS.

14 Section 2464(a) of title 10, United States Code is

15 amended by striking out paragraph (2) and inserting in

16 lieu thereof the following:

17 ‘‘(2) The Secretary of Defense shall maintain within

18 the Department of Defense those logistics activities and

19 capabilities that are necessary to provide the logistics ca20 pability described in paragraph (1). The logistics activities

21 and capabilities maintained under this paragraph shall in22 clude all personnel, equipment, and facilities that are nec23 essary to maintain and repair the weapon systems and

24 other military equipment identified under paragraph (3).

25 ‘‘(3) The Secretary of Defense, in consultation with

26 the Joint Chiefs of Staff, shall identify the weapon sys-
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1 tems and other military equipment that it is necessary to

2 maintain and repair within the Department of Defense in

3 order to maintain within the department the capability de4 scribed in paragraph (1).

5 ‘‘(4) The Secretary shall require that the core logis6 tics functions identified pursuant to paragraph (3) be per7 formed in Government-owned, Government-operated facili8 ties of the Department of Defense by Department of De9 fense personnel using Department of Defense equip10 ment.’’.

11 SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CON12 TRACTOR PERFORMANCE OF DEPOT-LEVEL

13 MAINTENANCE AND REPAIR WORKLOADS.

14 (a) FIFTY PERCENT LIMITATION.—Section 2466(a)

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

16 out ‘‘40 percent’’ in the first sentence and inserting in

17 lieu thereof ‘‘50 percent’’.

18 (b) INCREASE DELAYED PENDING RECEIPT OF

19 STRATEGIC PLAN FOR THE PERFORMANCE OF DEPOT20 LEVEL MAINTENANCE AND REPAIR.—(1) Notwithstand21 ing the first sentence of section 2466(a) of title 10, United

22 States Code (as amended by subsection (a)), until the

23 strategic plan for the performance of depot-level mainte24 nance and repair is submitted under section 325, not more

25 than 40 percent of the funds made available in a fiscal
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1 year to a military department or a Defense Agency for

2 depot-level maintenance and repair workload may be used

3 to contract for the performance by non-Federal Govern4 ment personnel of such workload for the military depart5 ment or the Defense Agency.

6 (2) In paragraph (1), the term ‘‘depot-level mainte7 nance and repair workload’’ has the meaning given such

8 term in section 2466(f) of title 10, United States Code.

9 SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND

10 REPAIR.

11 Subsection (e) of section 2466 of title 10, United

12 States Code, is amended to read as follows:

13 ‘‘(e) REPORT.—(1) Not later than February 1 of each

14 year, the Secretary of Defense shall submit to Congress

15 a report identifying, for each military department and De16 fense Agency—

17 ‘‘(A) the percentage of the funds referred to in

18 subsection (a) that were used during the preceding

19 fiscal year for performance of depot-level mainte20 nance and repair workloads by Federal Government

21 personnel; and

22 ‘‘(B) the percentage of the funds referred to in

23 subsection (a) that were used during the preceding

24 fiscal year to contract for the performance of depot-
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1 level maintenance and repair workloads by non-Fed2 eral Government personnel.

3 ‘‘(2) Not later than 90 days after the date on which

4 the Secretary submits the annual report under paragraph

5 (1), the Comptroller General shall submit to the Commit6 tees on Armed Services and on Appropriations of the Sen7 ate and the Committees on National Security and on Ap8 propriations of the House of Representatives the Comp9 troller’s views on whether the Department of Defense has

10 complied with the requirements of subsection (a) for the

11 fiscal year covered by the report.’’.

12 SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORK13 LOAD DEFINED.

14 Section 2466 of title 10, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(f) DEPOT-LEVEL MAINTENANCE AND REPAIR

17 WORKLOAD DEFINED.—In this section, the term ‘depot18 level maintenance and repair workload’—

19 ‘‘(1) means material maintenance requiring

20 major overhaul or complete rebuilding of parts, as21 semblies, or subassemblies, and testing and reclama22 tion of equipment as necessary, including all aspects

23 of software maintenance;

24 ‘‘(2) includes those portions of interim contrac25 tor support, contractor logistics support, or any
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1 similar contractor support for the performance of

2 services described in paragraph (1); and

3 ‘‘(3) does not include ship modernization and

4 other repair activities that—

5 ‘‘(A) are funded out of appropriations

6 available to the Department of Defense for pro7 curement; and

8 ‘‘(B) were not considered to be depot-level

9 maintenance and repair workload activities

10 under regulations of the Department of Defense

11 in effect on February 10, 1996.’’.

12 SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL

13 MAINTENANCE AND REPAIR.

14 (a) STRATEGIC PLAN REQUIRED.—(1) As soon as

15 possible after the enactment of this Act, the Secretary of

16 Defense shall submit to the Committee on Armed Services

17 of the Senate and the Committee on National Security of

18 the House of Representatives a strategic plan for the per19 formance of depot-level maintenance and repair.

20 (2) The strategic plan shall cover the performance of

21 depot-level maintenance and repair for the Department of

22 Defense in fiscal years 1998 through 2007. The plan shall

23 provide for maintaining the capability described in section

24 2464 of title 10, United States Code.
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1 (b) ADDITIONAL MATTERS COVERED.—The Sec2 retary of Defense shall include in the strategic plan sub3 mitted under subsection (a) a detailed discussion of the

4 following matters:

5 (1) For each military department, as deter6 mined after consultation with the Secretary of that

7 military department and the Chairman of the Joint

8 Chiefs of Staff, the depot-level maintenance and re9 pair activities and workloads that are necessary to

10 perform within the Department of Defense in order

11 to maintain the core logistics capability required by

12 section 2464 of title 10, United States Code.

13 (2) For each military department, as deter14 mined after consultation with the Secretary of that

15 military department and the Chairman of the Joint

16 Chiefs of Staff, the depot-level maintenance and re17 pair activities and workloads that the Secretary of

18 Defense plans to perform within the Department of

19 Defense in order to satisfy the requirements of sec20 tion 2466 of title 10, United States Code.

21 (3) For the activities identified pursuant to

22 paragraphs (1) and (2), a discussion of which spe23 cific existing weapon systems or other existing equip24 ment, and which specific planned weapon systems or

25 other planned equipment, are weapon systems or
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1 equipment for which it is necessary to maintain a

2 core depot-level maintenance and repair capability

3 within the Department of Defense.

4 (4) The core capabilities, including sufficient

5 skilled personnel, equipment, and facilities, that—

6 (A) are of sufficient size—

7 (i) to ensure a ready and controlled

8 source of the technical competencies, and

9 the maintenance and repair capabilities,

10 that are necessary to meet the require11 ments of the national military strategy and

12 other requirements for responding to mobi13 lizations and military contingencies; and

14 (ii) to provide for rapid augmentation

15 in time of emergency; and

16 (B) are assigned a sufficient workload to

17 ensure cost efficiency and technical proficiency

18 in peacetime.

19 (5) The environmental liability issues associated

20 with any projected privatization of the performance

21 of depot-level maintenance and repair, together with

22 detailed projections of the cost to the United States

23 of satisfying environmental liabilities associated with

24 such privatized performance.
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1 (6) Any significant issues and risks concerning

2 exchange of technical data on depot-level mainte3 nance and repair between the Federal Government

4 and the private sector.

5 (7) Any deficiencies in Department of Defense

6 financial systems that hinder effective evaluation of

7 competitions (whether among private-sector sources

8 or among depot-level activities owned and operated

9 by the Department of Defense and private-sector

10 sources), and merit-based selections (among depot11 level activities owned and operated by the Depart12 ment of Defense), for a depot-level maintenance and

13 repair workload, together with plans to correct such

14 deficiencies.

15 (9) The type of facility (whether a private sec16 tor facility or a Government owned and operated fa17 cility) in which depot-level maintenance and repair

18 of any new weapon systems that will reach full scale

19 development is to be performed.

20 (10) The workloads necessary to maintain Gov21 ernment owned and operated depots at 50 percent,

22 70 percent, and 85 percent of operating capacity.

23 (11) A plan for improving the productivity of

24 the Government owned and operated depot mainte25 nance and repair facilities, together with manage-
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1 ment plans for changing administrative and missions

2 processes to achieve productivity gains, a discussion

3 of any barriers to achieving desired productivity

4 gains at the depots, and any necessary changes in ci5 vilian personnel policies that are necessary to im6 prove productivity.

7 (12) The criteria used to make decisions on

8 whether to convert to contractor performance of

9 depot-level maintenance and repair, the officials re10 sponsible for making the decision to convert, and

11 any depot-level maintenance and repair workloads

12 that are proposed to be converted to contractor per13 formance before the end of fiscal year 2001.

14 (13) A detailed analysis of savings proposed to

15 be achieved by contracting for the performance of

16 depot-level maintenance and repair workload by pri17 vate sector sources, together with the report on the

18 review of the analysis (and the assumptions underly19 ing the analysis) provided for under subsection (c).

20 (c) INDEPENDENT REVIEW OF SAVINGS ANALYSIS.—

21 The Secretary shall provide for a public accounting firm

22 (independent of Department of Defense influence) to re23 view the analysis referred to in subsection (b)(13) and the

24 assumptions underlying the analysis for submission to the
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1 committees referred to in subsection (a) and to the Comp2 troller General.

3 (d) REVIEW BY COMPTROLLER GENERAL.—(1) At

4 the same time that the Secretary of Defense transmits the

5 strategic plan under subsection (a), the Secretary shall

6 transmit a copy of the plan (including the report of the

7 public accounting firm provided for under subsection (c))

8 to the Comptroller General of the United States and make

9 available to the Comptroller General all information used

10 by the Department of Defense in preparing the plan and

11 analysis.

12 (2) Not later than 60 days after the date on which

13 the Secretary submits the strategic plan required by sub14 section (a), the Comptroller General shall transmit to Con15 gress a report containing a detailed analysis of the strate16 gic plan.

17 (e) ADDITIONAL REPORTING REQUIREMENT FOR

18 COMPTROLLER GENERAL.—Not later than February 1,

19 1997, the Comptroller General shall submit to the commit20 tees referred to in subsection (a) a report on the effective21 ness of the oversight by the Department of Defense of the

22 management of existing contracts with private sector

23 sources of depot-level maintenance and repair of weapon

24 systems, the adequacy of Department of Defense financial

25 and information systems to support effective decisions to
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1 contract for private sector performance of depot-level

2 maintenance and repair workloads that are being or have

3 been performed by Government personnel, the status of

4 reengineering efforts at depots owned and operated by the

5 United States, and any overall management weaknesses

6 within the Department of Defense that would hinder effec7 tive use of contracting for the performance of depot-level

8 maintenance and repair.

9 SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCE10 DURES.

11 (a) ANNUAL REPORT.—Section 2469 of title 10,

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

13 following:

14 ‘‘(d) ANNUAL REPORT.—Not later than March 31 of

15 each year, the Secretary of Defense shall submit to the

16 Committee on Armed Services of the Senate and the Com17 mittee on National Security of the House of Representa18 tives a report describing the competitive procedures used

19 during the preceding fiscal year for competitions referred

20 to in subsection (a).’’.

21 (b) FIRST REPORT.—The first report under sub22 section (d) of section 2469 of title 10, United States Code

23 (as added by subsection (a)), shall be submitted not later

24 than March 31, 1997.
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1 SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRI2 VATE PERFORMANCE OF DEPOT-LEVEL MAIN3 TENANCE WORK.

4 (a) REPORTS.—Chapter 146 of title 10, United

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

7 ‘‘§ 2473. Reports on privatization of depot-level main8 tenance work

9 ‘‘(a) ANNUAL RISK ASSESSMENTS.—(1) Not later

10 than January 1 of each year, the Joint Chiefs of Staff

11 shall submit to the Secretary of Defense a report on the

12 privatization of the performance of the various depot-level

13 maintenance workloads of the Department of Defense.

14 ‘‘(2) The report shall include with respect to each

15 depot-level maintenance workload the following:

16 ‘‘(A) An assessment of the risk to the readi17 ness, sustainability, and technology of the Armed

18 Forces in a full range of anticipated scenarios for

19 peacetime and for wartime of—

20 ‘‘(i) using public entities to perform the

21 workload;

22 ‘‘(ii) using private entities to perform the

23 workload; and

24 ‘‘(iii) using a combination of public entities

25 and private entities to perform the workload.
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1 ‘‘(B) The recommendation of the Joint Chiefs

2 as to whether public entities, private entities, or a

3 combination of public entities and private entities

4 could perform the workload without jeopardizing

5 military readiness.

6 ‘‘(3) Not later than 30 days after receiving the report

7 under paragraph (2)(B), the Secretary shall transmit the

8 report to Congress. If the Secretary does not concur in

9 the recommendation made by the Joint Chiefs pursuant

10 to paragraph (2)(B), the Secretary shall include in the re11 port under this paragraph—

12 ‘‘(A) the recommendation of the Secretary; and

13 ‘‘(B) a justification for the differences between

14 the recommendation of the Joint Chiefs and the rec15 ommendation of the Secretary.

16 ‘‘(b) ANNUAL REPORT ON PROPOSED PRIVATIZA17 TION.—(1) Not later than February 28 of each year, the

18 Joint Chiefs of Staff shall submit to the Secretary of De19 fense a report on each depot-level maintenance workload

20 of the Department of Defense that the Joint Chiefs believe

21 could be converted to performance by private entities dur22 ing the next fiscal year without jeopardizing military read23 iness.

24 ‘‘(2) Not later than 30 days after receiving a report

25 under paragraph (1), the Secretary shall transmit the re-
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1 port to Congress. If the Secretary does not concur in the

2 proposal of the Joint Chiefs in the report, the Secretary

3 shall include in the report under this paragraph—

4 ‘‘(A) each depot-level maintenance workload of

5 the Department that the Secretary proposes to be

6 performed by private entities during the fiscal year

7 concerned; and

8 ‘‘(B) a justification for the differences between

9 the proposal of the Joint Chiefs and the proposal of

10 the Secretary.’’.

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

12 at the beginning of such chapter is amended by adding

13 at the end the following:

‘‘2473. Reports on privatization of depot-level maintenance work.’’.

14 SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIP15 YARDS AND AVIATION DEPOTS TO ENGAGE IN

16 DEFENSE-RELATED PRODUCTION AND SERV17 ICES.

18 (a) EXTENSION OF AUTHORITY.—Section 1425(e) of

19 the National Defense Authorization Act for Fiscal Year

20 1991 (Public Law 101–510) is amended by striking out

21 ‘‘expires on September 30, 1995’’ and inserting in lieu

22 thereof ‘‘may not be exercised after September 30, 1997’’.

23 (b) REVIVAL OF EXPIRED AUTHORITY.—The author24 ity provided in section 1425 of the National Defense Au25 thorization Act for Fiscal Year 1991 may be exercised
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1 after September 30, 1995, subject to the limitation in sub2 section (e) of such section as amended by subsection (a)

3 of this section.

4 SEC. 329. LIMITATION ON USE OF FUNDS FOR F–18 AIR5 CRAFT DEPOT MAINTENANCE.

6 Of the amounts authorized to be appropriated by sec7 tion 301(2), not more than $5,000,000 may be used for

8 the performance of depot maintenance on F–18 aircraft

9 until 30 days after the date on which the Secretary of

10 Defense submits to the congressional defense committees

11 a report on aviation depot maintenance. The report shall

12 contain the following:

13 (1) The results of a competition which the Sec14 retary shall conduct between all Department of De15 fense aviation depots for selection for the perform16 ance of depot maintenance on F–18 aircraft.

17 (2) An analysis of the total cost of transferring

18 the F–18 aircraft depot maintenance workload to an

19 aviation depot not performing such workload as of

20 the date of the enactment of this Act.

21 SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILI22 TIES CLOSED BY BRAC.

23 The Secretary may not contract for the performance

24 by a private sector source of any of the depot maintenance

25 workload performed as of the date of the enactment of
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1 this Act at Sacramento Air Logistics Center or the San

2 Antonio Air Logistics Center until the Secretary—

3 (1) publishes criteria for the evaluation of bids

4 and proposals to perform such workload;

5 (2) conducts a competition for the workload be6 tween public and private entities;

7 (3) pursuant to the competition, determines in

8 accordance with the criteria published under para9 graph (1) that an offer submitted by a private sector

10 source to perform the workload is the best value for

11 the United States; and

12 (4) submits to Congress the following—

13 (A) a detailed comparison of the cost of

14 the performance of the workload by civilian em15 ployees of the Department of Defense with the

16 cost of the performance of the workload by that

17 source; and

18 (B) an analysis which demonstrates that

19 the performance of the workload by that source

20 will provide the best value for the United States

21 over the life of the contract.
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1 Subtitle D—Environmental

2 Provisions

3 SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL

4 RESTORATION ACCOUNTS FOR EACH MILI5 TARY DEPARTMENT.

6 (a) ESTABLISHMENT.—(1) Section 2703 of title 10,

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

8 ‘‘§ 2703. Environmental restoration accounts

9 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There are

10 hereby established in the Department of Defense the fol11 lowing accounts:

12 ‘‘(1) An account to be known as the ‘Defense

13 Environmental Restoration Account’.

14 ‘‘(2) An account to be known as the ‘Army En15 vironmental Restoration Account’.

16 ‘‘(3) An account to be known as the ‘Navy En17 vironmental Restoration Account’.

18 ‘‘(4) An account to be known as the ‘Air Force

19 Environmental Restoration Account’.

20 ‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—

21 Funds authorized for deposit in an account under sub22 section (a) may be obligated or expended from the account

23 only in order to carry out the environmental restoration

24 functions of the Secretary of Defense and the Secretaries

25 of the military departments under this chapter and under
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1 any other provision of law. Funds so authorized shall re2 main available until expended.

3 ‘‘(c) BUDGET REPORTS.—In proposing the budget

4 for any fiscal year pursuant to section 1105 of title 31,

5 the President shall set forth separately the amounts re6 quested for environmental restoration programs of the De7 partment of Defense and of each of the military depart8 ments under this chapter and under any other Act.

9 ‘‘(d) AMOUNTS RECOVERED.—The following

10 amounts shall be credited to the appropriate environ11 mental restoration account:

12 ‘‘(1) Amounts recovered under CERCLA for re13 sponse actions.

14 ‘‘(2) Any other amounts recovered from a con15 tractor, insurer, surety, or other person to reimburse

16 the Department of Defense or a military department

17 for any expenditure for environmental response ac18 tivities.

19 ‘‘(e) PAYMENTS OF FINES AND PENALTIES.—None

20 of the funds appropriated to the Defense Environmental

21 Restoration Account for fiscal years 1995 through 1999,

22 or to any environmental restoration account of a military

23 department for fiscal years 1997 through 1999, may be

24 used for the payment of a fine or penalty (including any

25 supplemental environmental project carried out as part of
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1 such penalty) imposed against the Department of Defense

2 or a military department unless the act or omission for

3 which the fine or penalty is imposed arises out of an activ4 ity funded by the environmental restoration account con5 cerned and the payment of the fine or penalty has been

6 specifically authorized by law.’’.

7 (2) The table of sections at the beginning of chapter

8 160 of title 10, United States Code, is amended by strik9 ing out the item relating to section 2703 and inserting

10 in lieu thereof the following new item:

‘‘2703. Environmental restoration accounts.’’.

11 (b) REFERENCES.—Any reference to the Defense En12 vironmental Restoration Account in any Federal law, Ex13 ecutive Order, regulation, delegation of authority, or docu14 ment of or pertaining to the Department of Defense shall

15 be deemed to refer to the appropriate environmental res16 toration account established under section 2703(a)(1) of

17 title 10, United States Code (as amended by subsection

18 (a)(1)).

19 (c) CONFORMING AMENDMENT.—Section 2705(g)(1)

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

21 out ‘‘the Defense Environmental Restoration Account’’

22 and inserting in lieu thereof ‘‘the environmental restora23 tion account concerned’’.

24 (d) TREATMENT OF UNOBLIGATED BALANCES.—Any

25 unobligated balances that remain in the Defense Environ-
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1 mental Restoration Account under section 2703(a) of title

2 10, United States Code, as of the effective date specified

3 in subsection (e) shall be transferred on such date to the

4 Defense Environmental Restoration Account established

5 under section 2703(a)(1) of title 10, United States Code

6 (as amended by subsection (a)(1)).

7 (e) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect on the later of—

9 (1) October 1, 1996; or

10 (2) the date of the enactment of this Act.

11 SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIRE12 MENT FOR REPORTS ON CONTRACTOR REIM13 BURSEMENT COSTS FOR RESPONSE ACTIONS.

14 Section 2706(d)(1)(A) of title 10, United States

15 Code, is amended by striking out ‘‘100’’ and inserting in

16 lieu thereof ‘‘20’’.

17 SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND

18 CONSULTATION REQUIREMENTS REGARDING

19 REMEDIAL INVESTIGATIONS AND FEASIBIL20 ITY STUDIES AT CERTAIN INSTALLATIONS TO

21 BE CLOSED UNDER THE BASE CLOSURE

22 LAWS.

23 Section 334 of the National Defense Authorization

24 Act for Fiscal Years 1992 and 1993 (Public Law 102–

25 190; 105 Stat. 1340; 10 U.S.C. 2687 note) is repealed.
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1 SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PEN2 ALTIES.

3 (a) AUTHORITY.—The Secretary of Defense may pay

4 to the Hazardous Substance Superfund established under

5 section 9507 of the Internal Revenue Code of 1986 (26

6 U.S.C. 9507) stipulated civil penalties assessed under

7 CERCLA in amounts, and using funds, as follows:

8 (1) Using funds authorized to be appropriated

9 to the Army Environmental Restoration Account es10 tablished under section 2703(a)(1)(B) of title 10,

11 United States Code, as amended by section 341 of

12 this Act, $34,000 assessed against Fort Riley, Kan13 sas, under CERCLA.

14 (2) Using funds authorized to be appropriated

15 to the Navy Environmental Restoration Account es16 tablished under section 2703(a)(1)(C) of that title,

17 as so amended, $30,000 assessed against the Naval

18 Education and Training Center, Newport, Rhode Is19 land, under CERCLA.

20 (3) Using funds authorized to be appropriated

21 to the Air Force Environmental Restoration Account

22 established under section 2703(a)(1)(D) of that title,

23 as so amended—

24 (A) $550,000 assessed against the Massa25 chusetts Military Reservation, Massachusetts,

26 under CERCLA, of which $500,000 shall be for
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1 the supplemental environmental project for a

2 groundwater modeling project that constitutes a

3 part of the negotiated settlement of a penalty

4 against the reservation; and

5 (B) $10,000 assessed against F.E. Warren

6 Air Force Base, Wyoming, under CERCLA.

7 (4) Using funds authorized to be appropriated

8 to the Department of Defense Base Closure Account

9 1990 by section 2406(a)(13) of this Act, $50,000

10 assessed against Loring Air Force Base, Maine,

11 under CERCLA.

12 (b) CERCLA DEFINED.—In this section, the term

13 ‘‘CERCLA’’ means the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42

15 U.S.C. 9601 et seq.).

16 SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL

17 FACILITIES ON NATIONAL PRIORITIES LIST.

18 Section 120(d) of the Comprehensive Environmental

19 Response, Compensation, and Liability Act of 1980 (42

20 U.S.C. 9620(d)) is amended—

21 (1) by redesignating paragraphs (1) and (2) as

22 subparagraphs (A) and (B), respectively;

23 (2) by striking ‘‘Not later than 18 months after

24 the enactment of the Superfund Amendments and
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1 Reauthorization Act of 1986, the Administrator’’

2 and inserting the following:

3 ‘‘(1) IN GENERAL.—The Administrator’’; and

4 (3) by striking ‘‘Such criteria’’ and all that fol5 lows through the end of the subsection and inserting

6 the following:

7 ‘‘(2) APPLICATION OF CRITERIA.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the criteria referred to in paragraph

10 (1) shall be applied in the same manner as the

11 criteria are applied to facilities that are owned

12 or operated by persons other than the United

13 States.

14 ‘‘(B) RESPONSE UNDER OTHER LAW.—

15 That the head of the department, agency, or in16 strumentality that owns or operates a facility

17 has arranged with the Administrator or appro18 priate State authorities to respond appro19 priately, under authority of a law other than

20 this Act, to a release or threatened release of a

21 hazardous substance shall be an appropriate

22 factor to be taken into consideration for the

23 purposes of section 105(a)(8)(A).

24 ‘‘(3) COMPLETION.—Evaluation and listing

25 under this subsection shall be completed in accord-
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1 ance with a reasonable schedule established by the

2 Administrator.’’.

3 SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FED4 ERAL PROPERTY BEFORE COMPLETION OF

5 REQUIRED REMEDIAL ACTIONS.

6 (a) IN GENERAL.—Section 120(h)(3) of the Com7 prehensive Environmental Response, Compensation, and

8 Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amend9 ed—

10 (1) by redesignating subparagraph (A) as

11 clause (i) and clauses (i), (ii), and (iii) of that sub12 paragraph as subclauses (I), (II), and (III), respec13 tively;

14 (2) by striking ‘‘After the last day’’ and insert15 ing the following:

16 ‘‘(A) IN GENERAL.—After the last day’’;

17 (3) by redesignating subparagraph (B) as

18 clause (ii) and clauses (i) and (ii) of that subpara19 graph as subclauses (I) and (II), respectively;

20 (4) by redesignating subparagraph (C) as

21 clause (iii);

22 (5) by striking ‘‘For purposes of subparagraph

23 (B)(i)’’ and inserting the following:
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1 ‘‘(B) COVENANT REQUIREMENTS.—For

2 purposes of subparagraphs (A)(ii)(I) and

3 (C)(iii)’’;

4 (6) in subparagraph (B), as designated by para5 graph (5), by striking ‘‘subparagraph (B)’’ each

6 place it appears and inserting ‘‘subparagraph

7 (A)(ii)’’; and

8 (7) by adding at the end the following:

9 ‘‘(C) DEFERRAL.—

10 ‘‘(i) IN GENERAL.—The Administrator

11 (in the case of real property at a Federal

12 facility that is listed on the National Prior13 ities List) or the Governor of the State in

14 which the facility is located (in the case of

15 real property at a Federal facility not list16 ed on the National Priorities List) may

17 defer the requirement of subparagraph

18 (A)(ii)(I) with respect to the property if

19 the Administrator or the Governor, as the

20 case may be, determines that—

21 ‘‘(I) the property is suitable for

22 transfer for the use intended by the

23 transferee;

24 ‘‘(II) the deed or other agree25 ment proposed to govern the transfer
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1 between the United States and the

2 transferee of the property contains the

3 assurances set forth in clause (ii); and

4 ‘‘(III) the Federal agency re5 questing deferral has provided notice,

6 by publication in a newspaper of gen7 eral circulation in the vicinity of the

8 property, of the proposed transfer and

9 of the opportunity for the public to

10 submit, within a period of not less

11 than 30 days after the date of the no12 tice, written comments on the finding

13 by the agency that the property is

14 suitable for transfer.

15 ‘‘(ii) REMEDIAL ACTION ASSUR16 ANCES.—With regard to a release or

17 threatened release of a hazardous sub18 stance for which a Federal agency is po19 tentially responsible under this section, the

20 deed or other agreement proposed to gov21 ern the transfer shall contain assurances

22 that—

23 ‘‘(I) provide for any necessary re24 strictions to ensure the protection of

25 human health and the environment;
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1 ‘‘(II) provide that there will be

2 restrictions on use necessary to ensure

3 required remedial investigations, re4 medial actions, and oversight activities

5 will not be disrupted;

6 ‘‘(III) provide that all appro7 priate remedial action will be taken

8 and identify the schedules for inves9 tigation and completion of all nec10 essary remedial action; and

11 ‘‘(IV) provide that the Federal

12 agency responsible for the property

13 subject to transfer will submit a budg14 et request to the Director of the Of15 fice of Management and Budget that

16 adequately addresses schedules, sub17 ject to congressional authorizations

18 and appropriations.

19 ‘‘(iii) WARRANTY.—When all remedial

20 action necessary to protect human health

21 and the environment with respect to any

22 substance remaining on the property on

23 the date of transfer has been taken, the

24 United States shall execute and deliver to

25 the transferee an appropriate document
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1 containing a warranty that all such reme2 dial action has been completed, and the

3 making of the warranty shall be considered

4 to satisfy the requirement of subparagraph

5 (A)(ii)(I).

6 ‘‘(iv) FEDERAL RESPONSIBILITY.—A

7 deferral under this subparagraph shall not

8 increase, diminish, or affect in any manner

9 any rights or obligations of a Federal

10 agency with respect to a property trans11 ferred under this subparagraph.’’.

12 (b) CONTINUED APPLICATION OF STATE LAW.—The

13 first sentence of section 120(a)(4) of the Comprehensive

14 Environmental Response, Compensation, and Liability Act

15 of 1980 (42 U.S.C. 9620(a)(4)) is amended by inserting

16 ‘‘or facilities that are the subject of a deferral under sub17 section (h)(3)(C)’’ after ‘‘United States’’.

18 SEC. 347. CLARIFICATION OF MEANING OF

19 UNCONTAMINATED PROPERTY FOR PUR20 POSES OF TRANSFER BY THE UNITED

21 STATES.

22 Section 120(h)(4)(A) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of

24 1980 (42 U.S.C. 9620(h)(4)(A)) is amended in the first

25 sentence by striking ‘‘stored for one year or more, known
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1 to have been released,’’ and inserting ‘‘known to have been

2 released’’.

3 SEC. 348. SHIPBOARD SOLID WASTE CONTROL.

4 (a) IN GENERAL.—Section 3(c) of the Act to Prevent

5 Pollution from Ships (33 U.S.C. 1902(c)) is amended—

6 (1) in paragraph (1), by striking ‘‘Not later

7 than’’ and inserting ‘‘Except as provided in para8 graphs (2) and (3), not later than’’; and

9 (2) by striking paragraphs (2), (3), and (4) and

10 inserting the following:

11 ‘‘(2)(A) Subject to subparagraph (B), any ship de12 scribed in subparagraph (C) may discharge, without re13 gard to the special area requirements of Regulation 5 of

14 Annex V to the Convention, the following non-plastic, non15 floating garbage:

16 ‘‘(i) A slurry of seawater, paper, cardboard, or

17 food waste that is capable of passing through a

18 screen with openings no larger than 12 millimeters

19 in diameter.

20 ‘‘(ii) Metal and glass that have been shredded

21 and bagged so as to ensure negative buoyancy.

22 ‘‘(B)(i) Garbage described subparagraph (A)(i) may

23 not be discharged within 3 nautical miles of land.

24 ‘‘(ii) Garbage described in subparagraph (A)(ii) may

25 not be discharged within 12 nautical miles of land.
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1 ‘‘(C) This paragraph applies to any ship that is

2 owned or operated by the Department of the Navy that,

3 as determined by the Secretary of the Navy—

4 ‘‘(i) has unique military design, construction,

5 manning, or operating requirements; and

6 ‘‘(ii) cannot fully comply with the special area

7 requirements of Regulation 5 of Annex V to the

8 Convention because compliance is not technologically

9 feasible or would impair the operations or oper10 ational capability of the ship.

11 ‘‘(3)(A) Not later than December 31, 2000, the Sec12 retary of the Navy shall prescribe and publish in the Fed13 eral Register standards to ensure that each ship described

14 in subparagraph (B) is, to the maximum extent prac15 ticable without impairing the operations or operational ca16 pabilities of the ship, operated in a manner that is consist17 ent with the special area requirements of Regulation 5 of

18 Annex V to the Convention.

19 ‘‘(B) Subparagraph (A) applies to surface ships that

20 are owned or operated by the Department of the Navy

21 that the Secretary plans to decommission during the pe22 riod beginning on January 1, 2001, and ending on Decem23 ber 31, 2005.

24 ‘‘(C) At the same time that the Secretary publishes

25 standards under subparagraph (A), the Secretary shall
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1 publish in the Federal Register a list of the ships covered

2 by subparagraph (B).’’.

3 (b) SENSE OF CONGRESS.—

4 (1) COMPLIANCE WITH ANNEX V.—It is the

5 sense of Congress that it should be an objective of

6 the Navy to achieve full compliance with Annex V to

7 the Convention as part of the Navy’s development of

8 ships that are environmentally sound.

9 (2) DEFINITION.—In this subsection, the terms

10 ‘‘Convention’’ and ‘‘ship’’ have the meanings pro11 vided in section 2(a) of the Act to Prevent Pollution

12 from Ships (33 U.S.C. 1901(a)).

13 (c) REPORT ON COMPLIANCE WITH ANNEX V TO THE

14 CONVENTION.—The Secretary of Defense shall include in

15 each report on environmental compliance activities submit16 ted to Congress under section 2706(b) of title 10, United

17 States Code, the following information:

18 (1) A list of the ships types, if any, for which

19 the Secretary of the Navy has made the determina20 tion referred to in paragraph (2)(C) of section 3(c)

21 of the Act to Prevent Pollution from Ships, as

22 amended by subsection (a)(2) of this section.

23 (2) A list of ship types which the Secretary of

24 the Navy has determined can comply with Regula25 tion 5 of Annex V to the Convention.
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1 (3) A summary of the progress made by the

2 Navy in implementing the requirements of para3 graphs (2) and (3) such section 3(c), as so amended.

4 (4) A description of any emerging technologies

5 offering the potential to achieve full compliance with

6 Regulation 5 of Annex V to the Convention.

7 (d) PUBLICATION REGARDING SPECIAL AREA DIS8 CHARGES.—Section 3(e)(4) of the Act to Prevent Pollu9 tion from Ships (33 U.S.C. 1902(e)(4)) is amended by

10 striking out subparagraph (A) and inserting in lieu thereof

11 the following:

12 ‘‘(A) The amount and nature of the dis13 charges in special areas, not otherwise author14 ized under this title, during the preceding year

15 from ships referred to in subsection (b)(1)(A)

16 of this section owned or operated by the De17 partment of the Navy.’’.

18 SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGE19 MENT OF CULTURAL RESOURCES ON MILI20 TARY INSTALLATIONS.

21 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

22 Chapter 159 of title 10, United States Code, is amended

23 by adding at the end the following new section:
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1 ‘‘§ 2694. Cooperative agreements for management of

2 cultural resources on military installa3 tions

4 ‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—

5 The Secretary of Defense and the Secretaries of the mili6 tary departments may enter into cooperative agreements

7 with States, local governments, and appropriate public and

8 private entities in order to provide for the preservation,

9 management, maintenance, and rehabilitation of cultural

10 resources on military installations.

11 ‘‘(b) INAPPLICABILITY OF CERTAIN FEDERAL FI12 NANCIAL MANAGEMENT LAWS.—A cooperative agreement

13 under subsection (a) shall not be treated as a cooperative

14 agreement for purposes of chapter 63 of title 31.

15 ‘‘(c) LIMITATION ON AUTHORITY TO CARRY OUT

16 AGREEMENTS.—The authority of the Secretary of Defense

17 or the Secretary of a military department to carry out an

18 agreement entered into under subsection (a) shall be sub19 ject to the availability of funds for that purpose.

20 ‘‘(d) DEFINITION.—For purposes of this section, the

21 term ‘cultural resource’ means any of the following:

22 ‘‘(1) A building, structure, site, district, or ob23 ject eligible for or included in the National Register

24 of Historic Places maintained under section 101(a)

25 of the National Historic Preservation Act (16 U.S.C.

26 470a(a)).
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1 ‘‘(2) A cultural item as that term is defined in

2 section 2(3) of the Native American Graves Protec3 tion and Repatriation Act (25 U.S.C. 3001(3)).

4 ‘‘(3) An archaeological resource as that term is

5 defined in section 3(1) of the Archaeological Re6 sources Protection Act of 1979 (16 U.S.C.

7 470bb(1)).

8 ‘‘(4) An archaeological artifact collection and

9 associated records covered by section 79 of title 36,

10 Code of Federal Regulations.’’.

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

12 at the beginning of such chapter is amended by adding

13 at the end the following new item:

‘‘2694. Cooperative agreements for management of cultural resources on military installations.’’.

14 SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT

15 EL CENTRO NAVAL AIR FACILITY, CALIFOR16 NIA.

17 (a) REPORT.—Not later than March 15, 1997, the

18 Secretary of Defense, acting through the Deputy Under

19 Secretary of Defense for Environmental Security, shall

20 submit to the congressional defense committees a report

21 that assesses the effects of the proposed withdrawal of

22 public lands at El Centro Naval Air Facility, California,

23 on the operational and training requirements of the De24 partment of Defense at that facility.
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1 (b) REPORT ELEMENTS.—The report under sub2 section (a) shall—

3 (1) describe in detail the operational and train4 ing requirements of the Department of Defense at

5 El Centro Naval Air Facility;

6 (2) assess the effects of the proposed with7 drawal on such operational and training require8 ments;

9 (3) describe the relationship, if any, of the pro10 posed withdrawal to the withdrawal of other public

11 lands under the California Desert Protection Act of

12 1994 (Public Law 103–433);

13 (4) assess the additional responsibilities, if any,

14 of the Navy for land management at the facility as

15 a result of the proposed withdrawal; and

16 (5) assess the costs, if any, to the Navy result17 ing from the proposed withdrawal.

18 SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES

19 COLLECTED AT CLOSED MILITARY RESERVA20 TIONS.

21 Subparagraph (B) of section 101(b)(4) of the Act of

22 September 15, 1960 (commonly known as the ‘‘Sikes

23 Act’’; 16 U.S.C. 670a(b)(4)), is amended to read as fol24 lows:
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1 ‘‘(B) the fees collected under this para2 graph—

3 ‘‘(i) shall be expended at the military

4 reservation with respect to which collected;

5 or

6 ‘‘(ii) if collected with respect to a mili7 tary reservation that is closed, shall be

8 available for expenditure at any other mili9 tary reservation for purposes of the protec10 tion, conservation, and management of fish

11 and wildlife at such reservation.’’.

12 SEC. 352. AUTHORITY FOR AGREEMENTS WITH INDIAN

13 TRIBES FOR SERVICES UNDER ENVIRON14 MENTAL RESTORATION PROGRAM.

15 Section 2701(d) of title 10, United States Code, is

16 amended—

17 (1) in the first sentence of paragraph (1), by

18 striking out ‘‘, or with any State or local government

19 agency,’’ and inserting in lieu thereof ‘‘, with any

20 State or local government agency, or with any In21 dian tribe,’’; and

22 (2) by adding at the end the following:

23 ‘‘(3) DEFINITION.—In this subsection, the term

24 ‘Indian tribe’ has the meaning given such term in

25 section 101(36) of the Comprehensive Environ-
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1 mental Response, Compensation, and Liability Act

2 of 1980 (42 U.S.C. 9601(36)).’’.

3 Subtitle E—Other Matters

4 SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNC5 TIONS AT FACILITIES LEASED BY THE GOV6 ERNMENT.

7 Section 2465(b) of title 10, United States Code, is

8 amended—

9 (1) by striking out ‘‘or’’ at the end of para10 graph (2);

11 (2) by striking out the period at the end of

12 paragraph (3) and inserting in lieu thereof ‘‘; or’’;

13 and

14 (3) by adding at the end the following:

15 ‘‘(4) to a contract to be carried out at a private

16 facility at which a Federal Government activity is lo17 cated pursuant to a lease of the facility to the Gov18 ernment.’’.

19 SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.

20 (a) AUTHORITY.—Chapter 31 of title 10, United

21 States Code, is amended by adding at the end the follow22 ing new section:

23 ‘‘§ 520c. Authorized use of recruiting funds

24 ‘‘(a) MEALS AND REFRESHMENTS.—Under regula25 tions prescribed by the Secretary concerned, funds appro-
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1 priated to the Department of Defense for recruitment of

2 military personnel may be expended for small meals and

3 refreshments that are provided in the performance of per4 sonnel recruiting functions of the armed forces to—

5 ‘‘(1) persons who have enlisted under the De6 layed Entry Program authorized by section 513 of

7 this title;

8 ‘‘(2) persons who are objects of armed forces

9 recruiting efforts;

10 ‘‘(3) influential persons in communities when

11 assisting the military departments in recruiting ef12 forts;

13 ‘‘(4) members of the armed forces and Federal

14 Government employees when attending recruiting

15 events in accordance with a requirement to do so;

16 and

17 ‘‘(5) other persons when contributing to recruit18 ing efforts by attending recruiting events.

19 ‘‘(b) ANNUAL REPORT.—Not later than February 1

20 of each year, the Secretary of Defense shall submit to Con21 gress a report on the extent to which the authority under

22 subsection (a) was exercised during the fiscal year ending

23 in the preceding year.
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1 ‘‘(c) TERMINATION OF AUTHORITY.—(1) The author2 ity in subsection (a) may not be exercised after September

3 30, 2001.

4 ‘‘(2) No report is required under subsection (b) after

5 2002.’’.

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

7 at the beginning of such chapter is amended by adding

8 at the end the following new item:

‘‘520c. Authorized use of recruiting funds.’’.

9 SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND10 NAME COMMERCIAL ITEMS FOR RESALE IN

11 COMMISSARY STORES.

12 (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE

13 PROCUREMENT.—Section 2486 of title 10, United States

14 Code, is amended by adding at the end the following:

15 ‘‘(e) The Secretary of Defense may not, under the

16 exception provided in section 2304(c)(5) of this title, use

17 procedures other than competitive procedures for the pro18 curement of a brand-name commercial item for resale in

19 commissary stores unless the commercial item is regularly

20 sold outside of commissary stores under the same brand

21 name as the commercial item will be sold in commissary

22 stores.’’.

23 (b) EFFECT ON EXISTING CONTRACTS.—The amend24 ment made by subsection (a) shall not affect the terms,

25 conditions, or duration of any contract entered into by the
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1 Secretary of Defense before the date of the enactment of

2 this Act for the procurement of commercial items for re3 sale in commissary stores.

4 SEC. 364. ADMINISTRATION OF MIDSHIPMEN’S STORE AND

5 OTHER NAVAL ACADEMY SUPPORT ACTIVI6 TIES AS NONAPPROPRIATED FUND INSTRU7 MENTALITIES.

8 (a) IN GENERAL.—(1) Chapter 603 of title 10, Unit9 ed States Code, is amended by striking out sections 6970

10 and 6971 and inserting in lieu thereof the following new

11 section:

12 ‘‘§ 6970. Midshipmen’s store and Naval Academy

13 shops, laundry, and dairy: nonappro14 priated fund accounts

15 ‘‘(a) IN GENERAL.—Under regulations prescribed by

16 the Secretary of the Navy, the Superintendent of the

17 Naval Academy shall administer a nonappropriated fund

18 account for each of the Academy activities referred to in

19 subsection (b).

20 ‘‘(b) ACTIVITIES.—Subsection (a) applies to the fol21 lowing Academy activities:

22 ‘‘(1) The midshipmen’s store.

23 ‘‘(2) The barber shop.

24 ‘‘(3) The cobbler shop.

25 ‘‘(4) The tailor shop.
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1 ‘‘(5) The dairy.

2 ‘‘(6) The laundry.

3 ‘‘(c) CREDITING OF REVENUE.—The Superintendent

4 shall credit to each account administered with respect to

5 an activity under subsection (a) all revenue received from

6 the activity.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by striking out the items relating to

9 sections 6970 and 6971 and inserting in lieu thereof the

10 following new item:

‘‘6970. Midshipmen’s store and Naval Academy shops, laundry, and dairy: nonappropriated fund accounts.’’.

11 (b) EMPLOYMENT STATUS OF EMPLOYEES OF AC12 TIVITIES.—Section 2105 of title 5, United States Code,

13 is amended by striking out subsection (b).

14 SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAU15 GURATION OF THE PRESIDENT.

16 (a) IN GENERAL.—Section 2543 of title 10, United

17 States Code, is amended to read to read as follows:

18 ‘‘§ 2543. Equipment and services: Presidential inau19 gural committees

20 ‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary of

21 Defense may provide the assistance referred to in sub22 section (b) to the following committees:
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1 ‘‘(1) An Inaugural Committee established under

2 the first section of the Presidential Inaugural Cere3 monies Act (36 U.S.C. 721).

4 ‘‘(2) A joint committee of the Senate and

5 House of Representatives appointed under section 9

6 of that Act (36 U.S.C. 729).

7 ‘‘(b) ASSISTANCE.—The following assistance may be

8 provided under subsection (a):

9 ‘‘(1) Planning and carrying out activities relat10 ing to security and safety.

11 ‘‘(2) Planning and carrying out ceremonial ac12 tivities.

13 ‘‘(3) Loan of property.

14 ‘‘(4) Any other assistance that the Secretary

15 considers appropriate.

16 ‘‘(c) REIMBURSEMENT.—(1) An inaugural committee

17 referred to in subsection (a)(1) shall reimburse the Sec18 retary for any costs incurred in connection with the provi19 sion to the committee of assistance referred to in sub20 section (b)(4).

21 ‘‘(2) Costs reimbursed under paragraph (1) shall be

22 credited to the appropriations from which the costs were

23 paid. The amount credited to an appropriation shall be

24 proportionate to the amount of the costs charged to that

25 appropriation.
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1 ‘‘(d) LOANED PROPERTY.—(1) Property loaned for

2 a presidential inauguration under subsection (b)(3) shall

3 be returned within nine days after the date of the cere4 mony inaugurating the President.

5 ‘‘(2) An inaugural committee referred to in sub6 section (a)(1) shall give good and sufficient bond for the

7 return in good order and condition of property loaned to

8 the committee under subsection (b)(3).

9 ‘‘(3) An inaugural committee referred to in sub10 section (a)(1) shall—

11 ‘‘(A) indemnify the United States for any loss

12 of, or damage to, property loaned to the committee

13 under subsection (b)(3); and

14 ‘‘(B) defray any expense incurred for the deliv15 ery, return, rehabilitation, replacement, or operation

16 of the property.’’.

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

18 at the beginning of subchapter II of chapter 152 of such

19 title is amended by striking out the item relating to section

20 2543 and inserting in lieu thereof the following:

‘‘2543. Equipment and services: Presidential inaugural committees.’’.

21 SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORT22 ING EVENTS.

23 (a) SECURITY AND SAFETY ASSISTANCE.—At the re24 quest of a Federal, State, or local government agency re25 sponsible for providing law enforcement services, security
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1 services, or safety services, the Secretary of Defense may

2 authorize the commander of a military installation or

3 other facility of the Department of Defense or the com4 mander of a specified or unified combatant command to

5 provide assistance for the World Cup Soccer Games, the

6 Goodwill Games, the Olympics, and any other civilian

7 sporting event in support of essential security and safety

8 at such event, but only if the Attorney General certifies

9 that such assistance is necessary to meet essential security

10 and safety needs.

11 (b) OTHER ASSISTANCE.—The Secretary may au12 thorize a commander referred to in subsection (a) to pro13 vide assistance for a sporting event referred to in that sub14 section in support of other needs relating to such event,

15 but only—

16 (1) to the extent that such needs cannot reason17 ably be met by a source other than the Department;

18 (2) to the extent that the provision of such as19 sistance does not adversely affect the military pre20 paredness of the Armed Forces; and

21 (3) if the organization requesting such assist22 ance agrees to reimburse the Department for

23 amounts expended by the Department in providing

24 the assistance in accordance with the provisions of
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1 section 377 of title 10, United States Code, and

2 other applicable provisions of law.

3 (c) INAPPLICABILITY TO CERTAIN EVENTS.—Sub4 sections (a) and (b) do not apply to the following sporting

5 events:

6 (1) Sporting events for which funds have been

7 appropriated before the date of the enactment of

8 this Act.

9 (2) The Special Olympics.

10 (3) The Paralympics.

11 (d) TERMS AND CONDITIONS.—The Secretary may

12 require such terms and conditions in connection with the

13 provision of assistance under this section as the Secretary

14 considers necessary and appropriate to protect the inter15 ests of the United States.

16 (e) REPORT ON ASSISTANCE.—Not later than Janu17 ary 30 of each year following a year in which the Secretary

18 provides assistance under this section, the Secretary shall

19 submit to the congressional defense committees a report

20 on the assistance provided. The report shall set forth—

21 (1) a description of the assistance provided;

22 (2) the amount expended by the Department in

23 providing the assistance;

24 (3) if the assistance was provided under sub25 section (a), the certification of the Attorney General
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1 with respect to the assistance under that subsection;

2 and

3 (4) if the assistance was provided under sub4 section (b)—

5 (A) an explanation why the assistance

6 could not reasonably be met by a source other

7 than the Department; and

8 (B) the amount the Department was reim9 bursed under that subsection.

10 (f) RELATIONSHIP TO OTHER LAWS.—Assistance

11 provided under this section shall be subject to the provi12 sions of sections 375 and 376 of title 10, United States

13 Code.

14 SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FI15 NANCE AND ACCOUNTING SERVICE CENTER,

16 FORT BENJAMIN HARRISON, INDIANA.

17 (a) TRANSFER AUTHORITY.—Subject to subsection

18 (b), the Secretary of Defense may transfer funds available

19 to the Department of Defense for the Defense Finance

20 and Accounting Service for a fiscal year for operation and

21 maintenance to the Administrator of General Services for

22 paying the costs of planning, design, and renovation of

23 Building One, Fort Benjamin Harrison, Indiana, for use

24 as a Defense Finance and Accounting Service Center.
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1 (b) AUTHORITY SUBJECT TO AUTHORIZATIONS AND

2 APPROPRIATIONS.—To the extent provided in appropria3 tions Acts—

4 (1) of funds appropriated for fiscal year 1997,

5 $9,000,000 may be transferred pursuant to sub6 section (a); and

7 (2) of funds appropriated for fiscal years 1998,

8 1999, 2000, and 2001, funds may be transferred

9 pursuant to subsection (a) in such amounts as are

10 authorized to be transferred in an Act enacted after

11 the date of the enactment of this Act.

12 SEC. 368. COMPUTER EMERGENCY RESPONSE TEAM AT

13 SOFTWARE ENGINEERING INSTITUTE.

14 (a) FUNDING.—Of the amounts authorized to be ap15 propriated under this Act, $2,000,000 shall be available

16 to the Software Engineering Institute only for use by the

17 Computer Emergency Response Team.

18 (b) CHALLENGE ATHENA PROGRAM.—Funds author19 ized by section 301(2) for the Challenge Athena program

20 shall be reduced by $2,000,000.
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1 SEC. 369. REIMBURSEMENT UNDER AGREEMENT FOR IN2 STRUCTION OF CIVILIAN STUDENTS AT FOR3 EIGN LANGUAGE INSTITUTE OF THE DE4 FENSE LANGUAGE INSTITUTE.

5 Section 559(a)(1) of the National Defense Authoriza6 tion Act for Fiscal Year 1995 (Public Law 103–337; 108

7 Stat. 2776; 10 U.S.C. 4411 note) is amended by striking

8 out ‘‘on a cost-reimbursable, space-available basis’’ and in9 serting in lieu thereof ‘‘on a space-available basis and for

10 such reimbursement (whether in whole or in part) as the

11 Secretary considers appropriate’’.

12 SEC. 370. AUTHORITY OF AIR NATIONAL GUARD TO PRO13 VIDE CERTAIN SERVICES AT LINCOLN MU14 NICIPAL AIRPORT, LINCOLN, NEBRASKA.

15 (a) AUTHORITY.—Subject to subsections (b) and (c),

16 the Nebraska Air National Guard may provide fire protec17 tion services and rescue services relating to aircraft at

18 Lincoln Municipal Airport, Lincoln, Nebraska, on behalf

19 of the Lincoln Municipal Airport Authority, Lincoln, Ne20 braska.

21 (b) AGREEMENT.—The Nebraska Air National

22 Guard may not provide services under subsection (a) until

23 the Nebraska Air National Guard and the authority enter

24 into an agreement under which the authority reimburses

25 the Nebraska Air National Guard for the cost of the serv26 ices provided.
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1 (c) CONDITIONS.—These services may only be pro2 vided to the extent that the provision of such services does

3 not adversely affect the military preparedness of the

4 Armed Forces.

5 TITLE IV—MILITARY

6 PERSONNEL AUTHORIZATIONS

7 Subtitle A—Active Forces

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

9 The Armed Forces are authorized strengths for active

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

11 (1) The Army, 495,000, of which not more than

12 80,300 may be commissioned officers.

13 (2) The Navy, 407,318, of which not more than

14 56,165 may be commissioned officers.

15 (3) The Marine Corps, 174,000, of which not

16 more than 17,978 may be commissioned officers.

17 (4) The Air Force, 381,222, of which not more

18 than 74,445 may be commissioned officers.

19 SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMA20 NENT END STRENGTH LEVELS.

21 Section 691(d) of title 10, United States Code, is

22 amended by striking out ‘‘not more than 0.5 percent’’ and

23 inserting in lieu thereof ‘‘not more than 5 percent’’.
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1 SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED

2 OFFICERS IN GRADES O–4, O–5, AND O–6.

3 (a) ARMY, AIR FORCE, AND MARINE CORPS.—The

4 table in section 523(a)(1) of title 10, United States Code,

5 is amended to read as follows:

‘‘Total number of commissioned officers (excluding officers in

categories specified in subsection (b)) on active duty:

Number of officers who may be serving on active duty in the grade of:

Major Lieutenant

Colonel Colonel

Army:

20,000 ........................................................................................... 6,848 5,253 1,613

25,000 ........................................................................................... 7,539 5,642 1,796

30,000 ........................................................................................... 8,231 6,030 1,980

35,000 ........................................................................................... 8,922 6,419 2,163

40,000 ........................................................................................... 9,614 6,807 2,347

45,000 ........................................................................................... 10,305 7,196 2,530

50,000 ........................................................................................... 10,997 7,584 2,713

55,000 ........................................................................................... 11,688 7,973 2,897

60,000 ........................................................................................... 12,380 8,361 3,080

65,000 ........................................................................................... 13,071 8,750 3,264

70,000 ........................................................................................... 13,763 9,138 3,447

75,000 ........................................................................................... 14,454 9,527 3,631

80,000 ........................................................................................... 15,146 9,915 3,814

85,000 ........................................................................................... 15,837 10,304 3,997

90,000 ........................................................................................... 16,529 10,692 4,181

95,000 ........................................................................................... 17,220 11,081 4,364

100,000 ......................................................................................... 17,912 11,469 4,548

110,000 ......................................................................................... 19,295 12,246 4,915

120,000 ......................................................................................... 20,678 13,023 5,281

130,000 ......................................................................................... 22,061 13,800 5,648

170,000 ......................................................................................... 27,593 16,908 7,116

Air Force:

35,000 ........................................................................................... 9,216 7,090 2,125

40,000 ........................................................................................... 10,025 7,478 2,306

45,000 ........................................................................................... 10,835 7,866 2,487

50,000 ........................................................................................... 11,645 8,253 2,668

55,000 ........................................................................................... 12,454 8,641 2,849

60,000 ........................................................................................... 13,264 9,029 3,030

65,000 ........................................................................................... 14,073 9,417 3,211

70,000 ........................................................................................... 14,883 9,805 3,392

75,000 ........................................................................................... 15,693 10,193 3,573

80,000 ........................................................................................... 16,502 10,582 3,754

85,000 ........................................................................................... 17,312 10,971 3,935

90,000 ........................................................................................... 18,121 11,360 4,115

95,000 ........................................................................................... 18,931 11,749 4,296

100,000 ......................................................................................... 19,741 12,138 4,477

105,000 ......................................................................................... 20,550 12,527 4,658

110,000 ......................................................................................... 21,360 12,915 4,838

115,000 ......................................................................................... 22,169 13,304 5,019

120,000 ......................................................................................... 22,979 13,692 5,200

125,000 ......................................................................................... 23,789 14,081 5,381

Marine Corps:

10,000 ........................................................................................... 2,525 1,480 571

12,500 ........................................................................................... 2,900 1,600 592

15,000 ........................................................................................... 3,275 1,720 613

17,500 ........................................................................................... 3,650 1,840 633

20,000 ........................................................................................... 4,025 1,960 654

22,500 ........................................................................................... 4,400 2,080 675

25,000 ........................................................................................... 4,775 2,200 695’’.

6 (b) NAVY.—The table in section 523(a)(2) of title 10,

7 United States Code, is amended to read as follows:
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‘‘Total number of commissioned officers (excluding officers in

categories specified in subsection (b)) on active duty:

Number of officers who may be serving

on active duty in grade of:

Lieutenant

Commander Commander Captain

Navy:

30,000 ......................................................................................... 7,331 5,018 2,116

33,000 ......................................................................................... 7,799 5,239 2,223

36,000 ......................................................................................... 8,267 5,460 2,330

39,000 ......................................................................................... 8,735 5,681 2,437

42,000 ......................................................................................... 9,203 5,902 2,544

45,000 ......................................................................................... 9,671 6,123 2,651

48,000 ......................................................................................... 10,139 6,343 2,758

51,000 ......................................................................................... 10,606 6,561 2,864

54,000 ......................................................................................... 11,074 6,782 2,971

57,000 ......................................................................................... 11,541 7,002 3,078

60,000 ......................................................................................... 12,009 7,222 3,185

63,000 ......................................................................................... 12,476 7,441 3,292

66,000 ......................................................................................... 12,944 7,661 3,398

70,000 ......................................................................................... 13,567 7,954 3,541

90,000 ......................................................................................... 16,683 9,419 4,254’’.

1 (c) REPEAL OF TEMPORARY AUTHORITY FOR VARI2 ATIONS IN END STRENGTHS.—The following provisions of

3 law are repealed:

4 (1) Section 402 of the National Defense Au5 thorization Act for Fiscal Year 1994 (Public Law

6 103–160; 107 Stat. 1639; 10 U.S.C. 523 note).

7 (2) Section 402 of the National Defense Au8 thorization Act for Fiscal Year 1995 (Public Law

9 103–337; 108 Stat. 2743; 10 U.S.C. 523 note).

10 (3) Section 402 of the National Defense Au11 thorization Act for Fiscal Year 1996 (Public Law

12 104–106; 110 Stat. 286; 10 U.S.C. 523 note).

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

14 subsections (a), (b), and (c) shall take effect on September

15 1, 1997.
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1 SEC. 404. EXTENSION OF REQUIREMENT FOR REC2 OMMENDATIONS REGARDING APPOINT3 MENTS TO JOINT 4-STAR OFFICER POSI4 TIONS.

5 Section 604(c) of title 10, United States Code, is

6 amended by striking out ‘‘September 30, 1997’’ and in7 serting in lieu thereof ‘‘September 30, 2000’’.

8 SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL

9 OFFICERS ON ACTIVE DUTY IN THE MARINE

10 CORPS.

11 Section 526(a)(4) of title 10, United States Code, is

12 amended by striking out ‘‘68’’ and inserting in lieu thereof

13 ‘‘80’’.

14 Subtitle B—Reserve Forces

15 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

17 strengths for Selected Reserve personnel of the reserve

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

19 (1) The Army National Guard of the United

20 States, 366,758.

21 (2) The Army Reserve, 214,925.

22 (3) The Naval Reserve, 96,304.

23 (4) The Marine Corps Reserve, 42,000.

24 (5) The Air National Guard of the United

25 States, 108,904.

26 (6) The Air Force Reserve, 73,281.
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1 (7) The Coast Guard Reserve, 8,000.

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

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

4 by not more than 2 percent.

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

6 subsection (a) for the Selected Reserve of any reserve com7 ponent for a fiscal year shall be proportionately reduced

8 by—

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of

11 such component which are on active duty (other

12 than for training) at the end of the fiscal year, and

13 (2) the total number of individual members not

14 in units organized to serve as units of the Selected

15 Reserve of such component who are on active duty

16 (other than for training or for unsatisfactory partici17 pation in training) without their consent at the end

18 of the fiscal year.

19 Whenever such units or such individual members are re20 leased from active duty during any fiscal year, the end

21 strength prescribed for such fiscal year for the Selected

22 Reserve of such reserve component shall be proportion23 ately increased by the total authorized strengths of such

24 units and by the total number of such individual members.
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section

4 411(a), the reserve components of the Armed Forces are

5 authorized, as of September 30, 1997, the following num6 ber of Reserves to be serving on full-time active duty or

7 full-time duty, in the case of members of the National

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components:

10 (1) The Army National Guard of the United

11 States, 22,798.

12 (2) The Army Reserve, 11,475.

13 (3) The Naval Reserve, 16,603.

14 (4) The Marine Corps Reserve, 2,559.

15 (5) The Air National Guard of the United

16 States, 10,403.

17 (6) The Air Force Reserve, 655.

18 SEC. 413. PERSONNEL MANAGEMENT RELATING TO AS19 SIGNMENT TO SERVICE IN THE SELECTIVE

20 SERVICE SYSTEM.

21 Section 10 of the Military Selective Service Act (50

22 U.S.C. App. 460) is amended—

23 (1) in subsection (b)(2), by inserting ‘‘, subject

24 to subsection (e),’’ after ‘‘to employ such number of

25 civilians, and’’; and
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1 (2) by inserting after subsection (d) the follow2 ing:

3 ‘‘(e)(1) The number of armed forces personnel as4 signed to the Selective Service System under subsection

5 (b)(2) may not exceed 745, except in a time of war de6 clared by Congress or national emergency declared by

7 Congress or the President.

8 ‘‘(2) Members of the Selected Reserve assigned to the

9 Selective Service System under subsection (b)(2) shall not

10 be counted for purposes of any limitation on the author11 ized strength of Selected Reserve personnel of the reserve

12 components under any law authorizing the end strength

13 of such personnel.’’.

14 Subtitle C—Authorization of

15 Appropriations

16 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI17 TARY PERSONNEL.

18 There is hereby authorized to be appropriated to the

19 Department of Defense for military personnel for fiscal

20 year 1997 a total of $69,880,430,000. The authorization

21 in the preceding sentence supersedes any other authoriza22 tion of appropriations (definite or indefinite) for such pur23 pose for fiscal year 1997.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY

6 PROMOTIONS FOR CERTAIN NAVY LIEUTEN7 ANTS WITH CRITICAL SKILLS.

8 Section 5721(g) of title 10, United States Code, is

9 amended by striking out ‘‘September 30, 1996’’ and in10 serting in lieu thereof ‘‘September 30, 1997’’.

11 SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE RE12 QUIREMENT FOR APPOINTMENT IN THE

13 NAVAL RESERVE IN GRADES ABOVE O–2.

14 Section 12205(b)(3) of title 10, United States Code,

15 is amended by inserting ‘‘or the Seaman to Admiral pro16 gram’’ after ‘‘(NAVCAD) program’’.

17 SEC. 503. TIME FOR AWARD OF DEGREES BY

18 UNACCREDITED EDUCATIONAL INSTITU19 TIONS FOR GRADUATES TO BE CONSIDERED

20 EDUCATIONALLY QUALIFIED FOR APPOINT21 MENT AS RESERVE OFFICERS IN GRADE O–3.

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

23 Code, is amended by striking out ‘‘three years’’ and insert24 ing in lieu thereof ‘‘eight years’’.
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1 SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.

2 (a) REDUCTION OF MINIMUM TIME IN GRADE RE3 QUIRED FOR CONSIDERATION FOR PROMOTION.—Section

4 574(e) of title 10, United States Code, is amended by

5 striking out ‘‘three years of service’’ and inserting in lieu

6 thereof ‘‘two years of service’’.

7 (b) BELOW-ZONE SELECTION.—Section 575(b)(1) of

8 such title is amended by inserting ‘‘chief warrant officer,

9 W–3,’’ in the first sentence after ‘‘to consider warrant offi10 cers for selection for promotion to the grade of’’.

11 SEC. 505. FREQUENCY OF PERIODIC REPORT ON PRO12 MOTION RATES OF OFFICERS CURRENTLY OR

13 FORMERLY SERVING IN JOINT DUTY ASSIGN14 MENTS.

15 Section 662(b) of title 10, United States Code, is

16 amended by striking out ‘‘not less often than every six

17 months’’ in the parenthetical in the first sentence and in18 serting in lieu thereof ‘‘not less often than every twelve

19 months’’.

20 SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.

21 Section 5022(a) of title 10, United States Code, is

22 amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

24 (2) by adding at the end the following:

25 ‘‘(2) Unless appointed to higher grade under another

26 provision of law, an officer, while serving in the Office of
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1 Naval Research as Chief of Naval Research, has the rank

2 of rear admiral (upper half).’’.

3 SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND

4 MIDSHIPMEN IN SIMULTANEOUS MEMBER5 SHIP PROGRAM.

6 (a) AMENDMENTS TO TITLE 10.—(1) Section

7 2106(c) of title 10, United States Code, is amended by

8 striking out ‘‘while serving on active duty other than for

9 training after July 31, 1990, while a member of the Se10 lected Reserve’’ and inserting in lieu thereof ‘‘performed

11 on or after August 1, 1979, as a member of the Selected

12 Reserve’’.

13 (2) Section 2107(g) of such title is amended by strik14 ing out ‘‘while serving on active duty other than for train15 ing after July 31, 1990, while a member of the Selected

16 Reserve’’ and inserting in lieu thereof ‘‘performed on or

17 after August 1, 1979, as a member of the Selected Re18 serve’’.

19 (3) Section 2107a(g) of such title is amended by in20 serting ‘‘, other than enlisted service performed after Au21 gust 1, 1979, as a member of Selected Reserve’’ after

22 ‘‘service as a cadet or with concurrent enlisted service’’.

23 (b) AMENDMENT TO TITLE 37.—Section 205(d) of

24 title 37, United States Code, is amended by striking out

25 ‘‘that service after July 31, 1990, that the officer per-
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1 formed while serving on active duty’’ and inserting in lieu

2 thereof ‘‘for service that the officer performed on or after

3 August 1, 1979.’’.

4 (c) BENEFITS NOT TO ACCRUE FOR PRIOR PERI5 ODS.—No increase in pay or retired or retainer pay shall

6 accrue for periods before the date of the enactment of this

7 Act by reason of the amendments made by this section.

8 Subtitle B—Matters Relating to

9 Reserve Components

10 SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STA11 TUS.

12 Section 101(d)(4) of title 10, United States Code, is

13 amended by striking out ‘‘a reserve commissioned officer,

14 other than a commissioned warrant officer,’’ and inserting

15 in lieu thereof the following: ‘‘a member of a reserve com16 ponent’’.

17 SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL

18 MANAGEMENT ACT PROVISIONS.

19 (a) SERVICE REQUIREMENT FOR RETIREMENT IN

20 HIGHEST GRADE HELD.—Section 1370(d) of title 10,

21 United States Code, is amended—

22 (1) by redesignating paragraph (3) as para23 graph (4);

24 (2) in paragraph (2)(A), by striking out ‘‘(A)’’;
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1 (3) by redesignating paragraph (2)(B) as para2 graph (3); and

3 (4) in paragraph (3), as so redesignated—

4 (A) by designating the first sentence as

5 subparagraph (A);

6 (B) by designating the second sentence as

7 subparagraph (B) and realigning such subpara8 graph, as so redesignated, flush to the left mar9 gin;

10 (C) in subparagraph (B), as so redesig11 nated, by striking out ‘‘the preceding sentence’’

12 and inserting in lieu thereof ‘‘subparagraph

13 (A)’’; and

14 (D) by adding at the end the following:

15 ‘‘(C) If a person covered by subparagraph (A) has

16 completed at least six months of satisfactory service in

17 grade, the person was serving in that grade while serving

18 in a position of adjutant general required under section

19 314 of title 32 or while serving in a position of assistant

20 adjutant general subordinate to such a position of adju21 tant general, and the person has failed to complete three

22 years of service in that grade solely because the person’s

23 appointment to such position has been terminated or va24 cated as described in section 324(b) of such title, then

25 such person may be credited with satisfactory service in
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1 that grade, notwithstanding the failure to complete three

2 years of service in that grade.

3 ‘‘(D) To the extent authorized by the Secretary of

4 the military department concerned, a person who, after

5 having been recommended for promotion in a report of

6 a promotion board but before being promoted to the rec7 ommended grade, served in a position for which that grade

8 is the minimum authorized grade may be credited for pur9 poses of subparagraph (A) as having served in that grade

10 for the period for which the person served in that position

11 while in the next lower grade. The period credited may

12 not include any period before the date on which the Senate

13 provides advice and consent for the appointment of that

14 person in the recommended grade.

15 ‘‘(E) To the extent authorized by the Secretary of

16 the military department concerned, a person who, after

17 having been extended temporary Federal recognition as a

18 reserve officer of the Army National Guard in a particular

19 grade under section 308 of title 32 or temporary Federal

20 recognition as a reserve officer of the Air National Guard

21 in a particular grade under such section, served in a posi22 tion for which that grade is the minimum authorized grade

23 may be credited for purposes of subparagraph (A) as hav24 ing served in that grade for the period for which the per25 son served in that position while extended the temporary
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1 Federal recognition, but only if the person was subse2 quently extended permanent Federal recognition as a re3 serve officer in that grade and also served in that position

4 after being extended the permanent Federal recognition.’’.

5 (b) EXCEPTION TO REQUIREMENT FOR RETENTION

6 OF RESERVE OFFICERS UNTIL COMPLETION OF RE7 QUIRED SERVICE.—Section 12645(b)(2) of such title is

8 amended by inserting ‘‘or a reserve active-status list’’ after

9 ‘‘active-duty list’’.

10 (c) TECHNICAL CORRECTION.—Section

11 14314(b)(2)(B) of such title is amended by striking out

12 ‘‘of the Air Force’’.

13 SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMI14 NATIONS OF MEMBERS OF NATIONAL GUARD

15 CALLED INTO FEDERAL SERVICE.

16 (a) REPEAL.—Section 12408 of title 10, United

17 States Code, is repealed.

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

19 at the beginning of chapter 1209 is amended by striking

20 out the item relating to section 12408.

21 SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO

22 WAIVE RETIREMENT SANCTUARY.

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

24 amended—
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1 (1) by inserting ‘‘(a) LIMITATION.—’’ before

2 ‘‘Under regulations’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(b) WAIVER.—(1) The Secretary concerned may au6 thorize a member described in paragraph (2) to waive the

7 applicability of the limitation under subsection (a) to the

8 member for the period of active duty described in that

9 paragraph. A member shall exercise any such waiver op10 tion, if at all, before the period of active duty begins.

11 ‘‘(2) The authority provided in paragraph (1) applies

12 to a member of a reserve component who is on active duty

13 (other than for training) pursuant to an order to active

14 duty under section 12301 of this title that specifies a pe15 riod of less than 180 days.’’.

16 SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY

17 OR DISEASE INCURRED OR AGGRAVATED

18 DURING OVERNIGHT STAY BETWEEN INAC19 TIVE DUTY TRAINING PERIODS.

20 Paragraph (2) of section 1204 of title 10, United

21 States Code, is amended to read as follows:

22 ‘‘(2) the disability is a result of—

23 ‘‘(A) performing active duty or inactive24 duty training;
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1 ‘‘(B) traveling directly to or from the place

2 at which such duty is performed; or

3 ‘‘(C) an injury, illness, or disease incurred

4 or aggravated while remaining overnight, be5 tween successive periods of inactive-duty train6 ing, at or in the vicinity of the site of the inac7 tive duty training, if the site is outside reason8 able commuting distance of the member’s resi9 dence;’’.

10 SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE

11 HEALTH PROFESSIONS SCHOLARSHIP AND

12 FINANCIAL ASSISTANCE PROGRAM.

13 (a) CREDIT AUTHORIZED.—Section 2126 of title 10,

14 United States Code, is amended—

15 (1) by striking out ‘‘Service performed’’ and in16 serting in lieu thereof ‘‘(a) SERVICE NOT CRED17 ITABLE.—Except as provided in subsection (b), serv18 ice performed’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) EXCEPTION.—(1) The Secretary concerned may

21 authorize service performed by a member of the program

22 in pursuit of a course of study under this subchapter to

23 be counted in accordance with this subsection if the mem24 ber—

25 ‘‘(A) completes the course of study;
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1 ‘‘(B) completes the active duty obligation im2 posed under section 2123(a) of this title; and

3 ‘‘(C) possesses a specialty designated by the

4 Secretary concerned as critically needed in wartime.

5 ‘‘(2) Service credited under paragraph (1) counts

6 only for the following purposes:

7 ‘‘(A) Award of retirement points for computa8 tion of years of service under section 12732 of this

9 title and for computation of retired pay under sec10 tion 12733 of this title.

11 ‘‘(B) Computation of years of service creditable

12 under section 205 of title 37.

13 ‘‘(3) For purposes of paragraph (2)(A), a member

14 may be credited in accordance with paragraph (1) with

15 not more than 50 points for each year of participation in

16 a course of study that the member satisfactorily completes

17 as a member of the program.

18 ‘‘(4) Service may not be counted under paragraph (1)

19 for more than four years of participation in a course of

20 study as a member of the program.

21 ‘‘(5) A member who is dropped from the program

22 under section 2123(c) of this title may not receive any

23 credit under paragraph (1) for participation in a course

24 of study as a member of the program. Any credit awarded
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1 for participation in the program before the member is

2 dropped shall be rescinded.

3 ‘‘(6) A member is not entitled to any retroactive

4 award of, or increase in, pay or allowances under title 37

5 by reason of an award of service credit under paragraph

6 (1).’’.

7 (b) AWARD OF RETIREMENT POINTS.—(1) Section

8 12732(a)(2) of such title is amended—

9 (A) by inserting after clause (C) the following:

10 ‘‘(D) Points credited for the year under

11 section 2126(b) of this title.’’; and

12 (B) in the matter following clause (D), as in13 serted by paragraph (1), by striking out ‘‘and (C)’’

14 and inserting in lieu thereof ‘‘(C), and (D)’’.

15 (2) Section 12733(3) of such title is amended by

16 striking out ‘‘or (C)’’ and inserting in lieu thereof ‘‘(C),

17 or (D)’’.

18 SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUC19 TURE.

20 (a) REPORT.—Not later than March 1, 1997, the

21 Secretary of Defense shall submit to Congress a report

22 on the current force structure and the projected force

23 structure of the National Guard and the other reserve

24 components.
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1 (b) REPORT ELEMENTS.—The report required by

2 subsection (a) shall address the following:

3 (1) The role of specific guard and reserve units

4 in the current force structure of the guard and re5 serves.

6 (2) The projected role of specific guard units

7 and reserve units in a major regional contingency.

8 (3) Whether or not the current force structure

9 of the guard and reserves is excess to the combat

10 readiness requirements of the Armed Forces and, if

11 so, to what extent.

12 (4) The effect of decisions relating to the force

13 structure of the guard and reserves on combat readi14 ness within the tiered structure of combat readiness

15 applied to the Armed Forces.

16 SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR

17 MILITARY TECHNICIANS FOR THE AIR NA18 TIONAL GUARD FOR FISCAL YEAR 1997.

19 Section 513(b)(3) of the National Defense Authoriza20 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

21 Stat. 305; 10 U.S.C. 115 note) is amended to read as fol22 lows:

23 ‘‘(3) Air National Guard:

24 ‘‘(A) For fiscal year 1996, 22,906.

25 ‘‘(B) For fiscal year 1997, 22,956.’’.
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1 Subtitle C—Officer Education

2 Programs

3 SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A

4 CADET OR MIDSHIPMAN IN THE SENIOR RE5 SERVE OFFICERS’ TRAINING CORPS AND THE

6 SERVICE ACADEMIES.

7 (a) SENIOR RESERVE OFFICERS’ TRAINING

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

9 is amended by striking out ‘‘25 years of age’’ and inserting

10 in lieu thereof ‘‘27 years of age’’.

11 (b) UNITED STATES MILITARY ACADEMY.—Section

12 4346(a) of title 10, United States Code, is amended by

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

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

15 (c) UNITED STATES NAVAL ACADEMY.—Section

16 6958(a)(1) of title 10, United States Code, is amended

17 by striking out ‘‘twenty-second birthday’’ and inserting in

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

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

20 9346(a) of title 10, United States Code, is amended by

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

22 lieu thereof ‘‘twenty-third birthday’’.
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1 SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION

2 AND SUPPORT OF ARMY ROTC UNITS BY

3 MEMBERS OF THE ARMY RESERVE AND NA4 TIONAL GUARD.

5 (a) IN GENERAL.—The Secretary of the Army shall

6 carry out a demonstration project in order to assess the

7 feasibility and advisability of providing instruction and

8 similar support to units of the Reserve Officers Training

9 Corps of the Army through members of the Army Reserve

10 (including members of the Individual Ready Reserve) and

11 members of the Army National Guard.

12 (b) PROJECT REQUIREMENTS.—(1) The Secretary

13 shall carry out the demonstration project at least one in14 stitution.

15 (2) In order to enhance the value of the project, the

16 Secretary may take actions to ensure that members of the

17 Army Reserve and the Army National Guard provide in18 struction and support under the project in a variety of

19 innovative ways.

20 (c) INAPPLICABILITY OF LIMITATION ON RESERVES

21 IN SUPPORT OF ROTC.—The assignment of a member of

22 the Army Reserve or the Army National Guard to provide

23 instruction or support under the demonstration project

24 shall not be treated as an assignment of the member to

25 duty with a unit of a Reserve Officer Training Corps pro-
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1 gram for purposes of section 12321 of title 10, United

2 States Code.

3 (d) REPORTS.—Not later than February 1 in each

4 of 1998, 1999, 2000, and 2001, the Secretary shall submit

5 to Congress a report assessing the activities under the

6 project during the preceding year. The report submitted

7 in 2000 shall include the Secretary’s recommendation as

8 to the advisability of continuing or expanding the author9 ity for the project.

10 (e) TERMINATION.—The authority of the Secretary

11 to carry out the demonstration project shall expire four

12 years after the date of the enactment of this Act.

13 SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY

14 ROTC CADET COMMAND OR TERMINATION OF

15 SENIOR ROTC UNITS PENDING REPORT ON

16 ROTC.

17 (a) PROHIBITION.—Notwithstanding any other provi18 sion of law, the Secretary of the Army may not reorganize

19 or restructure the Reserve Officers Training Corps Cadet

20 Command or terminate any Senior Reserve Officer Train21 ing Corps units identified in the Information for Members

22 of Congress concerning Senior Reserve Officer Training

23 Corps (ROTC) Unit Closures dated May 20, 1996, until

24 180 days after the date on which the Secretary submits
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1 to the congressional defense committees the report de2 scribed in subsection (b).

3 (b) REPORT.—The report referred to in subsection

4 (a) shall—

5 (1) describe the selection process used to iden6 tify the Reserve Officer Training Corps units of the

7 Army to be terminated;

8 (2) list the criteria used by the Army to select

9 Reserve Officer Training Corps units for termi10 nation;

11 (3) set forth the specific ranking of each unit

12 of the Reserve Officer Training Corps of the Army

13 to be terminated as against all other such units;

14 (4) set forth the authorized and actual cadre

15 staffing of each such unit to be termination for each

16 fiscal year of the 10-fiscal year period ending with

17 fiscal year 1996;

18 (5) set forth the production goals and perform19 ance evaluations of each Reserve Officer Training

20 Corps unit of the Army on the closure list for each

21 fiscal year of the 10-fiscal year period ending with

22 fiscal year 1996;

23 (6) describe how cadets currently enrolled in

24 the units referred to in paragraph (5) will be accom25 modated after the closure of such units;
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1 (7) describe the incentives to enhance the Re2 serve Officer Training Corps program that are pro3 vided by each of the colleges on the closure list;

4 (8) include the projected officer accession plan

5 by source of commission for the active-duty Army,

6 the Army Reserve, and the Army National Guard;

7 and

8 (9) describe whether the closure of any ROTC

9 unit will adversely effect the recruitment of minority

10 officer candidates.

11 Subtitle D—Other Matters

12 SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED

13 FOR PROMOTION WHEN A PHYSICAL DISABIL14 ITY IS FOUND AT ANY PHYSICAL EXAMINA15 TION.

16 Section 1372(3) of title 10, United States Code, is

17 amended by striking out ‘‘his physical examination for

18 promotion’’ and inserting in lieu thereof ‘‘a physical exam19 ination’’.

20 SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS

21 TO ACTIVE DUTY.

22 (a) NUMBER ON ACTIVE DUTY CONCURRENTLY.—

23 Subsection (c) of section 688 of title 10, United States

24 Code, is amended—
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1 (1) by striking out ‘‘(c) Except in time of war,

2 or of national emergency declared by Congress or

3 the President after November 30, 1980, not’’ and

4 inserting in lieu thereof ‘‘(c)(1) Not’’; and

5 (2) by adding at the end the following:

6 ‘‘(2)(A) Not more than 25 officers of any one armed

7 force may be serving on active duty concurrently pursuant

8 to orders to active duty issued under this section.

9 ‘‘(B) In the administration of subparagraph (A), the

10 following officers shall not be counted:

11 ‘‘(i) A chaplain who is assigned to duty as a

12 chaplain for the period of active duty to which or13 dered.

14 ‘‘(ii) A health care professional (as character15 ized by the Secretary concerned) who is assigned to

16 duty as a health care professional for the period of

17 the active duty to which ordered.

18 ‘‘(iii) Any officer assigned to duty with the

19 American Battle Monuments Commission for the pe20 riod of active duty to which ordered.’’.

21 (b) OFFICERS RETIRED ON SELECTIVE EARLY RE22 TIREMENT BASIS.—Such section is amended by adding at

23 the end the following:

24 ‘‘(e) The following officers may not be ordered to ac25 tive duty under this section:
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1 ‘‘(1) An officer who retired under section 638

2 of this title.

3 ‘‘(2) An officer who—

4 ‘‘(A) after having been notified that the of5 ficer was to be considered for early retirement

6 under section 638 of this title by a board con7 vened under section 611(b) of this title and be8 fore being considered by that board, requested

9 retirement under section 3911, 6323, or 8911

10 of this title; and

11 ‘‘(B) was retired pursuant to that re12 quest.’’.

13 (c) LIMITATION OF PERIOD OF RECALL SERVICE.—

14 Such section, as amended by subsection (b), is further

15 amended by adding at the end the following:

16 ‘‘(f) A member ordered to active duty under sub17 section (a) may not serve on active duty pursuant to or18 ders under such subsection for more than 12 months with19 in the 24 months following the first day of the active duty

20 to which ordered under this section.’’.

21 (d) WAIVER FOR PERIODS OF WAR OR NATIONAL

22 EMERGENCY.—Such section, as amended by subsection

23 (c), is further amended by adding at the end the following:
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1 ‘‘(g)(1) Subsection (c)(1) does not apply in time of

2 war or of national emergency declared by Congress or the

3 President after November 30, 1980.

4 ‘‘(2) Subsections (c)(2), (e), and (f) do not apply in

5 time of war or of national emergency declared by Congress

6 or the President.’’.

7 SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED

8 EXCESS LEAVE FOR EDUCATIONAL PUR9 POSES.

10 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

11 of title 10, United States Code, is amended—

12 (1) by inserting ‘‘(a) RETIREMENT.—’’ before

13 ‘‘Upon a determination’’;

14 (2) by striking out ‘‘a member of a regular

15 component of the armed forces entitled to basic pay,

16 or any other member of the armed forces entitled to

17 basic pay who has been called or ordered to active

18 duty (other than for training under section 10148(a)

19 of this title) for a period of more than 30 days,’’ and

20 inserting in lieu thereof ‘‘a member described in sub21 section (b)’’;

22 (3) by inserting after ‘‘incurred while entitled to

23 basic pay’’ the following: ‘‘or incurred while absent

24 as described in section 502(b) of title 37 to partici25 pate in an educational program (even though not en-
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1 titled to basic pay by operation of such section)’’;

2 and

3 (4) by adding at the end the following:

4 ‘‘(b) ELIGIBLE MEMBERS.—This section applies to

5 the following members:

6 ‘‘(1) A member of a regular component of the

7 armed forces entitled to basic pay.

8 ‘‘(2) Any other member of the armed forces en9 titled to basic pay who has been called or ordered to

10 active duty (other than for training under section

11 10148(a) of this title) for a period of more than 30

12 days.

13 ‘‘(3) A member of a regular component of the

14 armed forces who is on active duty but is absent as

15 described in section 502(b) of title 37 to participate

16 in an educational program.’’.

17 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

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

19 United States Code, is amended—

20 (1) by inserting ‘‘(a) TEMPORARY RETIRE21 MENT.—’’ before ‘‘Upon a determination’’; and

22 (2) by striking out ‘‘a member of a regular

23 component of the armed forces entitled to basic pay,

24 or any other member of the armed forces entitled to

25 basic pay who has been called or ordered to active
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1 duty (other than for training under section 10148(a)

2 of this title) for a period of more than 30 days,’’ and

3 inserting in lieu thereof ‘‘a member described in sec4 tion 1201(b) of this title’’.

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

6 title 10, United States Code, is amended—

7 (1) by inserting ‘‘(a) SEPARATION.—’’ before

8 ‘‘Upon a determination’’;

9 (2) by striking out ‘‘a member of a regular

10 component of the armed forces entitled to basic pay,

11 or any other member of the armed forces entitled to

12 basic pay who has been called or ordered to active

13 duty (other than for training under section 10148(a)

14 of this title) for a period of more than 30 days,’’ and

15 inserting in lieu thereof ‘‘a member described in sec16 tion 1201(b) of this title’’; and

17 (3) by inserting after ‘‘incurred while entitled to

18 basic pay’’ the following: ‘‘or incurred while absent

19 as described in section 502(b) of title 37 to partici20 pate in an educational program (even though not en21 titled to basic pay by operation of such section)’’.

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 shall apply with respect to physical disabil25 ities incurred on or after such date.
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1 SEC. 534. UNIFORM POLICY REGARDING RETENTION OF

2 MEMBERS WHO ARE PERMANENTLY NON3 WORLDWIDE ASSIGNABLE.

4 (a) POLICY REQUIRED.—Chapter 59 of title 10,

5 United States Code, is amended by inserting after section

6 1176 the following:

7 ‘‘§ 1177. Uniform policy regarding retention of mem8 bers who are permanently nonworldwide

9 assignable

10 ‘‘The Secretary of Defense shall prescribe regulations

11 setting forth uniform policies and procedures regarding re12 tention of members of the Army, Navy, Air Force, and

13 Marine Corps who are permanently nonworldwide assign14 able for medical reasons.’’.

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

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 1176 the following:

‘‘1177. Uniform policy regarding retention of members who are permanently

nonworldwide assignable.’’.

18 SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLIST19 MENT IN REGULAR COMPONENT UNDER THE

20 DELAYED ENTRY PROGRAM.

21 (a) AUTHORITY.—Section 513(b) of title 10, United

22 States Code, is amended by inserting after the first sen23 tence the following: ‘‘The Secretary concerned may extend

24 the 365-day period for a person for up to 180 additional
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1 days if the Secretary determines that it is in the best in2 terests of the armed force under the Secretary’s jurisdic3 tion to do so.’’.

4 (b) TECHNICAL AMENDMENTS.—Section 513(b) of

5 such title, as amended by subsection (a), is further amend6 ed—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

8 (2) by designating the third sentence as para9 graph (2) and realigning such paragraph, as so des10 ignated, flush to the left margin; and

11 (3) in paragraph (2), as so designated, by strik12 ing out ‘‘the preceding sentence’’ and inserting in

13 lieu thereof ‘‘paragraph (1)’’.

14 SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEM15 BERS WITH AT LEAST 10 YEARS OF SERVICE.

16 Subsection (d) of section 505 of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘(d)(1) The Secretary concerned may accept a reen19 listment in the Regular Army, Regular Navy, Regular Air

20 Force, Regular Marine Corps, or Regular Coast Guard,

21 as the case may be, for a period determined under this

22 subsection.

23 ‘‘(2) In the case of a member who has less than 10

24 years of service in the armed forces as of the day before

25 the first day of the period for which reenlisted, the period
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1 for which the member reenlists shall be at least two years

2 but not more than six years.

3 ‘‘(3) In the case of a member who has at least 10

4 years of service in the armed forces as of the day before

5 the first day of the period for which reenlisted, the Sec6 retary concerned may accept a reenlistment for either—

7 ‘‘(A) a specified period of at least two

8 years but not more than six years; or

9 ‘‘(B) an unspecified period.

10 ‘‘(4) No enlisted member is entitled to be reenlisted

11 for a period that would expire before the end of the mem12 ber’s current enlistment.’’.

13 SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.

14 (a) REPEAL OF APPLICABILITY OF AUTHORITIES TO

15 DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES AND

16 CONTRACTOR EMPLOYEES.—(1) Section 1501 of title 10,

17 United States Code, is amended—

18 (A) by striking out subsection (c) and inserting

19 in lieu thereof the following new subsection (c):

20 ‘‘(c) COVERED PERSONS.—Section 1502 of this title

21 applies in the case of any member of the armed forces

22 on active duty who becomes involuntarily absent as a re23 sult of a hostile action, or under circumstances suggesting

24 that the involuntary absence is a result of a hostile action,
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1 and whose status is undetermined or who is unaccounted

2 for.’’; and

3 (B) by striking out subsection (f).

4 (2) Section 1503(c) of such title is amended—

5 (A) in paragraph (1), by striking out ‘‘one indi6 vidual described in paragraph (2)’’ and inserting in

7 lieu thereof ‘‘one military officer’’;

8 (B) by striking out paragraph (2); and

9 (C) by redesignating paragraphs (3) and (4) as

10 paragraphs (2) and (3), respectively.

11 (3) Section 1504(d) of such title is amended—

12 (A) by striking out the text of paragraph (1)

13 and inserting in lieu thereof the following new text:

14 ‘‘A board under this section shall be composed of at

15 least three members who are officers having the

16 grade of major or lieutenant commander or above.’’;

17 and

18 (B) in paragraph (4), by striking out ‘‘section

19 1503(c)(4)’’ and inserting in lieu thereof ‘‘section

20 1503(c)(3)’’.

21 (4) Paragraph (1) of section 1513 of such title is

22 amended to read as follows:

23 ‘‘(1) The term ‘missing person’ means a mem24 ber of the armed forces on active duty who is in a

25 missing status.’’.
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1 (b) REPORT ON PRELIMINARY ASSESSMENT OF STA2 TUS.—(1) Section 1502 of title 10, United States Code,

3 is amended—

4 (A) in subsection (a)(2)—

5 (i) by striking out ‘‘48 hours’’ and insert6 ing in lieu thereof ‘‘10 days’’; and

7 (ii) by striking out ‘‘theater component

8 commander with jurisdiction over the missing

9 person’’ and inserting in lieu thereof ‘‘Secretary

10 concerned’’;

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

12 (C) by redesignating subsection (c) as sub13 section (b); and

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

15 striking out the second sentence.

16 (2) Section 1503(a) of such title is amended by strik17 ing out ‘‘section 1502(b)’’ and inserting in lieu thereof

18 ‘‘section 1502(a)’’.

19 (3) Section 1513 of such title is amended by striking

20 out paragraph (8).

21 (c) REPEAL OF REQUIREMENTS FOR COUNSELS FOR

22 MISSING PERSONS.—(1) Section 1503 of title 10, United

23 States Code, is amended—

24 (A) by striking out subsection (f); and
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1 (B) by redesignating subsections (g) through

2 (k) as subsections (f) through (j), respectively.

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

4 (A) by striking out subsection (f); and

5 (B) by redesignating subsections (g) through

6 (m) as subsections (f) through (l), respectively.

7 (3) Such section 1503 is further amended—

8 (A) in subsection (g)(3), as redesignated by

9 paragraph (1)(B) of this subsection, by striking out

10 ‘‘subsection (j)’’ and inserting in lieu thereof ‘‘sub11 section (i)’’;

12 (B) in subsection (h)(1), as so redesignated, by

13 striking out ‘‘subsection (h)’’ and inserting in lieu

14 thereof ‘‘subsection (g)’’;

15 (C) in subsection (i), as so redesignated—

16 (i) by striking out ‘‘subsection (i)’’ in the

17 matter preceding paragraph (1) and inserting

18 in lieu thereof ‘‘subsection (h)’’; and

19 (ii) in paragraph (1)(B), by striking out

20 ‘‘subsection (h)’’ and inserting in lieu thereof

21 ‘‘subsection (g)’’; and

22 (D) in subsection (j), as so redesignated, by

23 striking out ‘‘subsection (i)’’ and inserting in lieu

24 thereof ‘‘subsection (h)’’.

25 (4) Such section 1504 of such title is amended—
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1 (A) in subsection (a), by striking out ‘‘section

2 1503(i)’’ and inserting in lieu thereof ‘‘section

3 1503(h)’’;

4 (B) in subsection (e)(1), by striking out ‘‘sec5 tion 1503(h)’’ and inserting in lieu thereof ‘‘section

6 1503(g)’’;

7 (C) in subsection (f), as redesignated by para8 graph (2)(B) of this subsection, by striking out

9 ‘‘subsection (i)’’ each place it appears in paragraphs

10 (4)(D) and (5)(B) and inserting in lieu thereof ‘‘sub11 section (h)’’;

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

13 by striking out ‘‘and the counsel for the missing per14 son appointed under subsection (f)’’;

15 (E) in subsection (j), as so redesignated—

16 (i) in paragraph (1)—

17 (I) by striking out ‘‘subsection (j)’’ in

18 the matter preceding subparagraph (A)

19 and inserting in lieu thereof ‘‘subsection

20 (i)’’;

21 (II) by inserting ‘‘and’’ at the end of

22 subparagraph (A);

23 (III) by striking out subparagraph

24 (B); and
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1 (IV) by redesignating subparagraph

2 (C) as subparagraph (B) and in that sub3 paragraph, as so redesignated, by striking

4 out ‘‘subsection (g)(5)’’ and inserting in

5 lieu thereof ‘‘subsection (f)(5)’’; and

6 (ii) in paragraph (2), by striking out ‘‘sub7 paragraph (C)’’ and inserting in lieu thereof

8 ‘‘subparagraph (B)’’;

9 (F) in subsection (k), as redesignated by para10 graph (2)(B) of this subsection, by striking out

11 ‘‘subsection (k)’’ in the matter preceding paragraph

12 (1) and inserting in lieu thereof ‘‘subsection (j)’’;

13 and

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

15 striking out ‘‘subsection (k)’’ and inserting in lieu

16 thereof ‘‘subsection (l)’’.

17 (5) Section 1505(c) of such title is amended—

18 (A) in paragraph (2), by striking out ‘‘(A) the

19 designated missing person’s counsel for that person,

20 and (B)’’; and

21 (B) in paragraph (3), by striking out ‘‘, with

22 the advice’’ and all that follows through ‘‘paragraph

23 (2),’’.
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1 (6) Section 1509(a) of such title is amended by strik2 ing out ‘‘section 1504(g)’’ and inserting in lieu thereof

3 ‘‘section 1504(f)’’.

4 (d) FREQUENCY OF SUBSEQUENT REVIEWS.—Sub5 section (b) of section 1505 of title 10, United States Code,

6 is amended to read as follows:

7 ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The

8 Secretary concerned shall conduct inquiries into the

9 whereabouts and status of a person under subsection (a)

10 upon receipt of information that may result in a change

11 of status of the person. The Secretary concerned shall ap12 point a board to conduct such inquiries.’’.

13 (e) REPEAL OF STATUTORY PENALTIES FOR WRONG14 FUL WITHHOLDING OF INFORMATION.—Section 1506 of

15 title 10, United States Code, is amended—

16 (1) by striking out subsection (e); and

17 (2) by redesignating subsection (f) as sub18 section (e).

19 (f) INFORMATION TO ACCOMPANY RECOMMENDA20 TION OF STATUS OF DEATH.—Section 1507(b) of title 10,

21 United States Code, is amended by striking out para22 graphs (3) and (4).

23 (g) REPEAL OF RIGHT OF JUDICIAL REVIEW.—Sec24 tion 1508 of title 10, United States Code, is repealed.
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1 (h) SCOPE OF PREENACTMENT REVIEW.—(1) Sec2 tion 1509 of title 10, United States Code, is amended—

3 (A) in subsection (b)—

4 (i) by striking out paragraph (1); and

5 (ii) by redesignating paragraphs (2) and

6 (3) as paragraphs (1) and (2), respectively;

7 (B) by striking out subsection (c);

8 (C) by redesignating subsection (d) as sub9 section (c); and

10 (D) in subsection (c), as so redesignated—

11 (i) by striking out paragraph (1); and

12 (ii) by redesignating paragraphs (2) and

13 (3) as paragraphs (1) and (2), respectively.

14 (2) The section heading of such section is amended

15 by striking out ‘‘, special interest cases’’.

16 (i) CLERICAL AMENDMENTS.—The table of sections

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

18 Code, is amended—

19 (1) in the item relating to section 1509, by

20 striking out ‘‘, special interest cases’’; and

21 (2) by striking out the item relating to section

22 1509.
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1 SEC. 538. INAPPLICABILITY OF SOLDIERS’ AND SAILORS’

2 CIVIL RELIEF ACT OF 1940 TO THE PERIOD

3 OF LIMITATIONS FOR FILING CLAIMS FOR

4 CORRECTIONS OF MILITARY RECORDS.

5 (a) EXTENSION OF PERIOD.—Section 1552(b) of title

6 10, United States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) Notwithstanding the provisions of section 205

10 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50

11 U.S.C. App. 525), and any other provision of law, the

12 three-year period for filing a request for correction of

13 records is not extended by reason of military service. How14 ever, in determining under paragraph (1) whether it is in

15 the interest of justice to excuse a failure timely to file a

16 request for correction, the board shall consider the claim17 ant’s military service and its effect on the claimant’s abil18 ity to file a claim.’’.

19 (b) EFFECTIVE DATE.—Paragraph (2) of section

20 1552(b) of such title, as added by subsection (a), shall

21 take effect three years after the date of the enactment of

22 this Act.
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1 SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMER2 ICAN SOLDIERS WHO SERVED IN WORLD WAR

3 II.

4 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not5 withstanding the time limitations in section 3744(b) of

6 title 10, United States Code, or any other time limitation,

7 the President may award the Medal of Honor to each per8 son identified in subsection (b), each such person having

9 distinguished himself conspicuously by gallantry and intre10 pidity at the risk of his life above and beyond the call of

11 duty while serving in the United States Army during

12 World War II.

13 (b) APPLICABILITY.—The authority in this section

14 applies with respect to the following persons:

15 (1) Vernon J. Baker, who served as a first lieu16 tenant in the 370th Infantry Regiment, 92nd Infan17 try Division.

18 (2) Edward A. Carter, who served as a staff

19 sergeant in the 56th Armored Infantry Battalion,

20 12th Armored Division.

21 (3) John R. Fox, who served as a first lieuten22 ant in the 366th Infantry Regiment, 92nd Infantry

23 Division.

24 (4) Willy F. James, Jr., who served as a private

25 first class in the 413th Infantry Regiment, 104th

26 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. 540. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE

14 CORPS.

15 (a) CHIEF OF ARMY NURSE CORPS.—Subsection (b)

16 of section 3069 of title 10, United States Code, is amend17 ed—

18 (1) in the first sentence, by striking out

19 ‘‘major’’ and inserting in lieu thereof ‘‘lieutenant

20 colonel’’;

21 (2) by inserting after the first sentence the fol22 lowing: ‘‘An appointee who holds a lower regular

23 grade shall be appointed in the regular grade of

24 brigadier general.’’; and
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1 (3) in the last sentence, by inserting ‘‘to the

2 same position’’ before the period at the end.

3 (b) ASSISTANT CHIEF.—Subsection (c) of such sec4 tion is amended by striking out ‘‘major’’ in the first sen5 tence and inserting in lieu thereof ‘‘lieutenant colonel’’.

6 (c) CLERICAL AMENDMENTS.—(1) The heading of

7 such section is amended to read as follows:

8 ‘‘§ 3069. Army Nurse Corps: composition; Chief and

9 assistant chief; appointment; grade

10 (2) The item relating to such section in the table of

11 sections at the beginning of chapter 307 of title 10, United

12 States Code, is amended to read as follows:

‘‘3069. Army Nurse Corps: composition; Chief and assistant chief; appointment;

grade.’’.

13 SEC. 541. CHIEF AND ASSISTANT CHIEF OF AIR FORCE

14 NURSE CORPS.

15 (a) POSITIONS AND APPOINTMENT.—Chapter 807 of

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

17 section 8067 the following:

18 ‘‘§ 3069. Air Force nurses: Chief and assistant chief;

19 appointment; grade

20 ‘‘(a) POSITIONS OF CHIEF AND ASSISTANT CHIEF.—

21 There are a Chief and assistant chief of the Air Force

22 Nurse Corps.

23 ‘‘(b) CHIEF.—The Secretary of the Air Force shall

24 appoint the Chief from the officers of the Regular Air
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1 Force designated as Air Force nurses whose regular grade

2 is above lieutenant colonel and who are recommended by

3 the Surgeon General. An appointee who holds a lower reg4 ular grade shall be appointed in the regular grade of briga5 dier general. The Chief serves during the pleasure of the

6 Secretary, but not for more than three years, and may

7 not be reappointed to the same position.

8 ‘‘(c) ASSISTANT CHIEF.—The Surgeon General shall

9 appoint the assistant chief from the officers of the Regular

10 Air Force designated as Air Force nurses whose regular

11 grade is above lieutenant colonel.’’.

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

13 at the beginning of such chapter is amended by inserting

14 after section 8067 the following:

‘‘3069. Air Force Nurse Corps: Chief and assistant chief; appointment; grade.’’.

15 SEC. 542. WAIVER OF TIME LIMITATIONS FOR AWARD OF

16 CERTAIN DECORATIONS TO SPECIFIED PER17 SONS.

18 (a) WAIVER OF TIME LIMITATION.—Any limitation

19 established by law or policy for the time within which a

20 recommendation for the award of a military decoration or

21 award must be submitted shall not apply in the case of

22 awards of decorations as described in subsection (b), the

23 award of each such decoration having been determined by

24 the Secretary of the Navy to be warranted in accordance

25 with section 1130 of title 10, United States Code.
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1 (b) DISTINGUISHED FLYING CROSS.—Subsection (a)

2 applies to awards of the Distinguished Flying Cross for

3 service during World War II as follows:

4 (1) FIRST AWARD.—First award, for completion

5 of at least 20 qualifying combat missions, to the fol6 lowing members and former members of the Armed

7 Forces:

8 Vernard V. Aiken of Wilmington, Vermont.

9 Ira V. Babcock of Dothan, Georgia.

10 George S. Barlow of Grafton, Virginia.

11 Earl A. Bratton of Bodega Bay, Califor12 nia.

13 Herman C. Edwards of Johns Island,

14 South Carolina.

15 James M. Fitzgerald of Anchorage, Alas16 ka.

17 Paul L. Hitchcock of Raleigh, North Caro18 lina.

19 Harold H. Hottle of Hillsboro, Ohio.

20 Samuel M. Keith of Anderson, South Caro21 lina.

22 Otis Lancaster of Wyoming, Michigan.

23 John B. McCabe of Biglerville, Pennsylva24 nia.

25 James P. Merriman of Midland, Texas.
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1 The late Michael L. Michalak, formerly of

2 Akron, New York.

3 The late Edward J. Naparkowsky, for4 merly of Hartford, Connecticut.

5 A. Jerome Pfeiffer of Racine, Wisconsin.

6 Duane L. Rhodes of Earp, California.

7 Frank V. Roach of Bloomfield, New Jer8 sey.

9 Arnold V. Rosekrans of Horseheads, New

10 York.

11 Joseph E. Seaman, Jr. of Bordentown,

12 New Jersey.

13 Luther E. Thomas of Panama City, Flor14 ida.

15 Merton S. Ward of South Hamilton, Mas16 sachusetts.

17 Simon L. Webb of Magnolia, Mississippi.

18 Jerry W. Webster of Leander, Texas.

19 Stanley J. Orlowski of Jackson, Michigan.

20 (2) SECOND AWARD.—Second award, for com21 pletion of at least 40 qualifying combat missions, to

22 the following members and former members of the

23 Armed Forces:

24 Ralph J. Deceuster of Dover, Ohio.
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1 Elbert J. Kimble of San Francisco, Cali2 fornia.

3 George W. Knauff of Monument, Colorado.

4 John W. Lincoln of Rockland, Massachu5 setts.

6 Alan D. Marker of Sonoma, California.

7 Joseph J. Oliver of White Haven, Penn8 sylvania.

9 Arthur C. Adair of Grants Pass, Oregon.

10 Daniel K. Connors of Hampton, New

11 Hampshire.

12 Glen E. Danielson of Whittier, California.

13 Prescott C. Jernegan of Hemet, California.

14 Stephen K. Johnson of Englewood, Flor15 ida.

16 Warren E. Johnson of Vista, California.

17 Albert P. Emsley of Bothell, Washington.

18 Robert B. Carnes of West Yarmouth, Mas19 sachusetts.

20 Urbain J. Fournier of Houma, Louisiana.

21 John B. Tagliapiri of St. Helena, Califor22 nia.

23 Ray B. Stiltner of Centralia, Washington.

24 (3) THIRD AWARD.—Third award, for comple25 tion of at least 60 qualifying combat missions, to the
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1 following members and former members of the

2 Armed Forces:

3 Glenn Bowers of Dillsburg, Pennsylvania.

4 Arthur C. Casey of Irving, California.

5 Robert J. Larsen of Gulf Breeze, Florida.

6 William A. Nickerson of Portland, Oregon.

7 David Mendoza of McAllen, Texas.

8 (4) FOURTH AWARD.—Fourth award, for com9 pletion of at least 80 qualifying combat missions, to

10 the following members and former members of the

11 Armed Forces:

12 Arvid L. Kretz of Santa Rosa, California.

13 George E. McClane of Cocoa Beach, Flor14 ida.

15 Robert Bair of Ontario, California.

16 (5) FIFTH AWARD.—Fifth award, for comple17 tion of at least 100 qualifying combat missions, to

18 the following members and former members of the

19 Armed Forces:

20 William A. Baldwin of San Clemente, Cali21 fornia.

22 George Bobb of Blackwood, New Jersey.

23 John R. Conrad of Hot Springs, Arkansas.

24 Herbert R. Hetrick of Roaring Springs,

25 Pennsylvania.
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1 William L. Wells of Cordele, Georgia.

2 (6) SIXTH AWARD.—Sixth award, for comple3 tion of at least 120 qualifying combat missions, to

4 Richard L. Murray of Dallas, Texas.

5 SEC. 543. MILITARY PERSONNEL STALKING PUNISHMENT

6 AND PREVENTION ACT OF 1996.

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘Military Personnel Stalking Punishment and Prevention

9 Act of 1996’’.

10 (b) IN GENERAL.—Title 18, United States Code, is

11 amended by inserting after section 2261 the following:

12 ‘‘§ 2261A. Stalking of members of the Armed Forces of

13 the United States

14 ‘‘(a) IN GENERAL.—Whoever, within the special mar15 itime and territorial jurisdiction of the United States or

16 in the course of interstate travel, with the intent to injure

17 or harass any military person, places that military person

18 in reasonable fear of the death of, or serious bodily injury

19 to, that military person or a member of the immediate

20 family of that military person shall be punished as pro21 vided in section 2261.

22 ‘‘(b) DEFINITIONS.—For purposes of this section—

23 ‘‘(1) the term ‘immediate family’ has the same

24 meaning as in section 115; and

25 ‘‘(2) the term ‘military person’ means—
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1 ‘‘(A) any member of the Armed Forces of

2 the United States (including a member of any

3 reserve component); and

4 ‘‘(B) any member of the immediate family

5 of a person described in subparagraph (A).’’.

6 (c) CONFORMING AMENDMENTS.—

7 (1) Section 2261(b) of title 18, United States

8 Code, is amended by inserting ‘‘or section 2261A’’

9 after ‘‘this section’’.

10 (2) Sections 2261(b) and 2262(b) of title 18,

11 United States Code, are each amended by striking

12 ‘‘offender’s spouse or intimate partner’’ each place it

13 appears and inserting ‘‘victim’’.

14 (3) The chapter heading for chapter 110A of

15 title 18, United States Code, is amended by insert16 ing ‘‘AND STALKING’’ after ‘‘VIOLENCE’’.

17 (d) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 110A of title 18, United States

19 Code, is amended by inserting after the item relating to

20 section 2261 the following new item:

‘‘2261A. Stalking of members of the Armed Forces of the United States.’’.

21 (e) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect on the day

23 after the date of enactment of this Act.
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1 Subtitle E—Commissioned Corps of

2 the Public Health Service

3 SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF

4 PROHIBITION ON CREDITING CADET OR MID5 SHIPMEN SERVICE AT THE SERVICE ACAD6 EMIES.

7 Section 971(b) of title 10, United States Code, is

8 amended—

9 (1) in subsection (a), by inserting before the pe10 riod at the end the following: ‘‘or an officer in the

11 Commissioned Corps of the Public Health Service’’;

12 and

13 (2) in subsection (b)—

14 (A) by striking out ‘‘and’’ at the end of

15 paragraph (2);

16 (B) by striking out the period at the end

17 of paragraph (3) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(4) no officer in the Commissioned Corps of

22 the Public Health Service may be credited with serv23 ice as a midshipman at the United States Naval

24 Academy or as a cadet at the United States Military
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1 Academy, United States Air Force Academy, or

2 United States Coast Guard Academy.’’.

3 SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC

4 HEALTH SERVICE OFFICERS ASSIGNED TO

5 THE DEPARTMENT OF DEFENSE.

6 Section 206 of the Public Health Service Act (42

7 U.S.C. 207 et seq.) is amended by adding at the end there8 of the following new subsection:

9 ‘‘(f) EXCEPTION TO GRADE LIMITATIONS FOR OFFI10 CERS ASSIGNED TO DEPARTMENT OF DEFENSE.—In

11 computing the maximum number of commissioned officers

12 of the Public Health Service authorized by law to hold a

13 grade which corresponds to the grade of captain, major,

14 lieutenant colonel, or colonel, there may be excluded from

15 such computation officers who hold such a grade while the

16 officers are assigned to duty in the Department of De17 fense.’’.

18 Subtitle F—Defense Economic Ad19 justment, Diversification, Con20 version, and Stabilization

21 SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT

22 PLACEMENT PROGRAM TO INCLUDE FIRE23 FIGHTERS.

24 Section 1152(g) of title 10, United States Code, is

25 amended—
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1 (1) by striking out ‘‘(g) CONDITIONAL EXPAN2 SION OF PLACEMENT TO INCLUDE FIRE3 FIGHTERS.—(1) Subject to paragraph (2), the’’ and

4 inserting in lieu thereof ‘‘(g) AUTHORITY TO EX5 PAND PLACEMENT TO INCLUDE FIREFIGHTERS.—

6 The’’; and

7 (2) in paragraph (2), by striking out the first

8 sentence.

9 SEC. 572. TROOPS-TO-TEACHERS PROGRAM IMPROVE10 MENTS.

11 (a) SEPARATED MEMBERS OF THE ARMED

12 FORCES.—(1) Subsection (a) of section 1151 of title 10,

13 United States Code, is amended by striking out ‘‘may es14 tablish’’ and inserting in lieu thereof ‘‘shall establish’’.

15 (2) Such section is further amended—

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

17 school years’’ in subparagraphs (A) and (B) and in18 serting in lieu thereof ‘‘two school years’’; and

19 (B) in subsection (h)(3)(A), by striking out

20 ‘‘five consecutive school years’’ and inserting in lieu

21 thereof ‘‘two consecutive school years’’.

22 (3) Subsection (g)(2) of such section is amended—

23 (A) by striking out the comma after ‘‘section

24 1174a of this title’’ and inserting in lieu thereof

25 ‘‘or’’; and
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1 (B) by striking out ‘‘, or retires pursuant to the

2 authority provided in section 4403 of the National

3 Defense Authorization Act for fiscal year 1993

4 (Public Law 102–484; 10 U.S.C. 1293 note)’’.

5 (4) Subsection (h)(3)(B) of such section is amend6 ed—

7 (A) in clause (i), by striking out ‘‘$25,000’’ and

8 inserting in lieu thereof ‘‘$17,000’’;

9 (B) in clause (ii)—

10 (i) by striking out ‘‘40 percent’’ and insert11 ing in lieu thereof ‘‘25 percent’’; and

12 (ii) by striking out ‘‘$10,000’’ and insert13 ing in lieu thereof ‘‘$8,000’’; and

14 (C) by striking out clauses (iii), (iv), and (v).

15 (b) SAVINGS PROVISION.—The amendments made by

16 this section do not effect obligations under agreements en17 tered into in accordance with section 1151 of title 10,

18 United States Code, before the date of the enactment of

19 this Act.

20 Subtitle G—Armed Forces

21 Retirement Home

22 SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT

23 HOME ACT OF 1991.

24 Except as otherwise expressly provided, whenever in

25 this subtitle an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Armed Forces Retirement

4 Home Act of 1991 (title XV of Public Law 101–510; 24

5 U.S.C. 401 et seq.).

6 SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.

7 (a) AUTHORITY.—Part A is amended by adding at

8 the end the following:

9 ‘‘SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPEN10 SATED SERVICES.

11 ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject to

12 subsection (b) and notwithstanding section 1342 of title

13 31, United States Code, the Chairman of the Retirement

14 Home Board or the Director of each establishment of the

15 Retirement Home may accept from any person voluntary

16 personal services or gratuitous services unless the accept17 ance of the voluntary services is disapproved by the Retire18 ment Home Board.

19 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The

20 Chairman of the Retirement Home Board or the Director

21 of the establishment accepting the services shall notify the

22 person of the scope of the services accepted.

23 ‘‘(2) The Chairman or Director shall—

24 ‘‘(A) supervise the person providing the services

25 to the same extent as that official would supervise
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1 a compensated employee providing similar services;

2 and

3 ‘‘(B) ensure that the person is licensed, privi4 leged, has appropriate credentials, or is otherwise

5 qualified under applicable laws or regulations to pro6 vide such services.

7 ‘‘(3) A person providing services accepted under sub8 section (a) may not—

9 ‘‘(A) serve in a policymaking position of the Re10 tirement Home; or

11 ‘‘(B) be compensated for the services by the Re12 tirement Home.

13 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS

14 PROVIDING SERVICES.—The Chairman of the Retirement

15 Home Board or the Director of an establishment of the

16 Retirement Home may recruit and train persons to pro17 vide services authorized to be accepted under subsection

18 (a).

19 ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—

20 (1) Subject to paragraph (3), while providing services ac21 cepted under subsection (a) or receiving training under

22 subsection (c), a person shall be considered to be an em23 ployee of the Federal Government only for purposes of the

24 following provisions of law:
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1 ‘‘(A) Subchapter I of chapter 81 of title 5,

2 United States Code (relating to compensation for

3 work-related injuries).

4 ‘‘(B) Chapter 171 of title 28, United States

5 Code (relating to claims for damages or loss).

6 ‘‘(2) A person providing services accepted under sub7 section (a) shall be considered to be an employee of the

8 Federal Government under paragraph (1) only with re9 spect to services that are within the scope of the services

10 accepted.

11 ‘‘(3) For purposes of determining the compensation

12 for work-related injuries payable under chapter 81 of title

13 5, United States Code (pursuant to this subsection) to a

14 person providing services accepted under subsection (a),

15 the monthly pay of the person for such services shall be

16 deemed to be the amount determined by multiplying—

17 ‘‘(A) the average monthly number of hours that

18 the person provided the services, by

19 ‘‘(B) the minimum wage determined in accord20 ance with section 6(a)(1) of the Fair Labor Stand21 ards Act of 1938 (29 U.S.C. 206(a)(1)).

22 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

23 The Chairman of the Retirement Board or the Director

24 of the establishment accepting services under subsection

25 (a) may provide for reimbursement of a person for inciden-
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1 tal expenses incurred by the person in providing the serv2 ices accepted under subsection (a). The Chairman or Di3 rector shall determine which expenses qualify for reim4 bursement under this subsection.’’.

5 (b) FEDERAL STATUS OF RESIDENTS PAID FOR

6 PART-TIME OR INTERMITTENT SERVICES.—Paragraph

7 (2) of section 1521(b) (24 U.S.C. 421(b)) is amended to

8 read as follows:

9 ‘‘(2) being an employee of the United States for

10 any purpose other than—

11 ‘‘(A) subchapter I of chapter 81 of title 5,

12 United States Code (relating to compensation

13 for work-related injuries); and

14 ‘‘(B) chapter 171 of title 28, United States

15 Code (relating to claims for damages or loss).’’.

16 SEC. 583. DISPOSAL OF REAL PROPERTY.

17 (a) DISPOSAL AUTHORIZED.—Notwithstanding title

18 II the Federal Property and Administrative Services Act

19 of 1949 (40 U.S.C. 481 et seq.), title VIII of such Act

20 (40 U.S.C. 531 et seq.), section 501 of the Stewart B.

21 McKinney Homeless Assistance Act (42 U.S.C. 11411),

22 or any other provision of law relating to the management

23 and disposal of real property by the United States, but

24 subject to subsection (d), the Retirement Home Board

25 may, by sale or otherwise, convey all right, title, and inter-
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1 est of the United States in a parcel of real property, in2 cluding improvements thereof, consisting of approximately

3 49 acres located in Washington, District of Columbia, east

4 of North Capitol Street, and recorded as District Parcel

5 121/19.

6 (b) MANNER, TERMS, AND CONDITIONS OF DIS7 POSAL.—The Retirement Home may determine—

8 (1) the manner for the disposal of the real

9 property under subsection (a); and

10 (2) the terms and conditions for the conveyance

11 of that property, including any terms and conditions

12 that the Board considers necessary to protect the in13 terests of the United States.

14 (c) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Board. The cost of the survey shall be borne

18 by the party or parties to which the property is to be con19 veyed.

20 (d) CONGRESSIONAL NOTIFICATION.—(1) Before dis21 posing of real property under subsection (a), the Board

22 shall notify the Committee on Armed Services of the Sen23 ate and the Committee on National Security of the House

24 of Representatives of the proposed disposal. The Board

25 may not dispose of the real property until the later of—
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1 (A) the date that is 60 days after the date on

2 which the notification is received by the committees;

3 or

4 (B) the date of the next day following the expi5 ration of the first period of 30 days of continuous

6 session of Congress that follows the date on which

7 the notification is received by the committees.

8 (2) For the purposes of paragraph (1)—

9 (A) continuity of session is broken only by an

10 adjournment of Congress sine die; and

11 (B) the days on which either House is not in

12 session because of an adjournment of more than

13 three days to a day certain are excluded in the com14 putation of any period of time in which Congress is

15 in continuous session.

16 SEC. 584. MATTERS CONCERNING PERSONNEL.

17 (a) TERMS OF APPOINTMENT TO GOVERNING

18 BOARDS.—Section 1515(e) (24 U.S.C. 415(e)) is amend19 ed—

20 (1) in paragraph (1), by striking out ‘‘sub21 section (f)’’ and inserting in lieu thereof ‘‘paragraph

22 (2)’’;

23 (2) by redesignating paragraph (2) as para24 graph (4); and
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1 (3) by adding after paragraph (1) the following

2 new paragraphs:

3 ‘‘(2)(A) In the case of a member of a board who is

4 appointed or designated under subsection (b) or (c) on the

5 basis of a particular status described in a paragraph under

6 that subsection, the appointment or designation of that

7 member terminates on the date on which the member

8 ceases to hold that status. The preceding sentence applies

9 only to members of the Armed Forces on active duty and

10 employees of the United States.

11 ‘‘(B) Paragraph (1) does not apply with respect to

12 an appointment or designation of a member of a board

13 for a term of less than five years that is made in accord14 ance with subsection (f).

15 ‘‘(3) A member of the Retirement Home Board and

16 a member of a Local Board may be reappointed for one

17 consecutive term by the Chairman of that board.’’.

18 (b) DUAL COMPENSATION.—(1) Section 1517 (24

19 U.S.C. 417) is amended—

20 (A) by redesignating subsection (f) as sub21 section (g); and

22 (B) by inserting after subsection (e) the follow23 ing new subsection (f):

24 ‘‘(f) DUAL COMPENSATION.—(1) The Retirement

25 Home Board may waive the application of section 5532
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1 of title 5, United States Code, to the Director of an estab2 lishment of the Retirement Home or any employee of the

3 Retirement Home (to the extent that such section would

4 otherwise apply to the Director or employee by reason of

5 the employment as Director or employee). The Chairman

6 of the Board shall notify the Secretary of the Treasury

7 of any waiver exercised under the preceding sentence and

8 the effective date of the waiver.

9 ‘‘(2) If the application of section 5532 of title 5,

10 United States Code, to a Director or employee is waived

11 under paragraph (1), the rate of pay payable out of the

12 Retirement Home Trust Fund for the Director or em13 ployee shall be the amount equal to the excess, if any, of

14 the periodic rate of pay fixed for the position of the Direc15 tor or employee over the amount by which the retired or

16 retainer pay payable to the Director or employee would

17 have been reduced (computed on the basis of that periodic

18 rate of pay for that position) if section 5532 of title 5,

19 United States Code, had not been waived.

20 ‘‘(3)(A) In the case of a Director or employee paid

21 at a rate of pay that is reduced under paragraph (2), the

22 amounts deducted and withheld from pay for purposes of

23 chapter 81, subchapter III of chapter 83, chapter 84,

24 chapter 87, or chapter 89 of title 5, United States Code,

25 all agency contributions required under such provisions of
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1 law, the maximum amount of contributions that may be

2 made to the Thrift Saving Fund under subchapter III of

3 chapter 84 of title 5, United States Code, the rate of dis4 ability compensation payable under subchapter I of chap5 ter 81 of such title, the levels of life insurance coverage

6 provided under chapter 87 of such title, and the amounts

7 of annuities under subchapter III of chapter 83 of such

8 title and subchapter II of chapter 84 of such title shall

9 be computed as if the Director or employee were paid the

10 full rate of pay fixed for the position of the Director or

11 employee for the period for which the Director was paid

12 at the reduced rate of pay under that paragraph.

13 ‘‘(B) If the amount payable to a Director or employee

14 under paragraph (2) is less than the total amount required

15 to be deducted and withheld from the pay of the Director

16 or employee under a provision of law referred to in sub17 paragraph (A), the amount of the deficiency shall be paid

18 by the Director or employee. The participation or benefits

19 available to a Director or employee who fails to pay a defi20 ciency promptly shall be restricted in accordance with reg21 ulations which the Director of the Office of Personnel

22 Management shall prescribe.

23 ‘‘(4) In this section, the term ‘retired or retainer pay’

24 has the meaning given such term in section 5531 of title

25 5, United States Code.’’.
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1 (2) Section 1516(f) (24 U.S.C. 416(f)) is amended—

2 (A) by inserting ‘‘(1)’’ after ‘‘(f) ANNUAL RE3 PORT.—’’; and

4 (B) by adding at the end the following:

5 ‘‘(2) In addition to other matters covered by the an6 nual report for a fiscal year, the annual report shall iden7 tify each Director or employee, if any, whose pay was re8 duced for any period during that fiscal year pursuant to

9 an exercise of the waiver authority under section 1517(f),

10 and shall include a discussion that demonstrates that the

11 unreduced rate of pay established for the position of that

12 Director or employee is comparable to the prevailing rates

13 of pay provided for personnel in the retirement home in14 dustry who perform functions similar to those performed

15 by the Director or employee.’’.

16 (3) Subsection (f) of section 1517 (as added by para17 graph (1)(B)) and subsection (f)(2) of section 1516 (as

18 added by paragraph (2)(B)) shall apply with respect to

19 pay periods beginning on or after January 1, 1997.

20 SEC. 585. FEES FOR RESIDENTS.

21 (a) ONE-YEAR DELAY IN IMPLEMENTATION OF NEW

22 FEE STRUCTURE.—(1) Subsection (d)(2) of section 371

23 of the National Defense Authorization Act for Fiscal Year

24 1995 (Public Law 103–337; 108 Stat. 2735; 24 U.S.C.
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1 414 note) is amended by striking out ‘‘October 1, 1997’’

2 and inserting in lieu thereof ‘‘October 1, 1998’’.

3 (2) Subsection (b)(2)(B) of such section is amended

4 by striking out ‘‘1998’’, ‘‘1999’’, and ‘‘2000’’ in para5 graphs (1) and (2) of the subsection (d) that is set forth

6 in such subsection (b)(2)(B) as an amendment to section

7 1514 of the Armed Forces Retirement Home Act of 1991

8 and inserting in lieu thereof ‘‘1999’’, ‘‘2000’’, and

9 ‘‘2001’’, respectively.

10 (b) REPORT ON FUNDING THE ARMED FORCES RE11 TIREMENT HOME.—(1) Not later than March 3, 1997, the

12 Secretary of Defense shall submit to Congress a report

13 on meeting the funding needs of the Armed Forces Retire14 ment Home in a manner that is fair and equitable to the

15 residents and to the members of the Armed Forces who

16 provide required monthly contributions for the home.

17 (2) The report shall include the following:

18 (A) The increment between levels of income of

19 a resident of the Armed Forces Retirement Home

20 that is appropriate for applying the next higher

21 monthly fee to a resident under a monthly fee struc22 ture for the residents of the home.

23 (B) The categories of income and disability

24 payments that should generally be considered as

25 monthly income for the purpose of determining the
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1 fee applicable to a resident and the conditions under

2 which each such category should be considered as

3 monthly income for such purpose.

4 (C) The degree of flexibility that should be pro5 vided the Armed Forces Retirement Home Board for

6 the setting of fees for residents.

7 (D) A discussion of whether the Armed Forces

8 Retirement Home Board has and should have au9 thority to vary the fee charged a resident under ex10 ceptional circumstances, together with any rec11 ommended legislation regarding such an authority.

12 (E) A discussion of how to ensure fairness and

13 equitable treatment of residents and of warrant offi14 cers and enlisted members of the Armed Forces in

15 meeting the funding needs of the Armed Forces Re16 tirement Home.

17 (F) The advisability of exercising existing au18 thority to increase the amount deducted from the

19 pay of warrant officers and enlisted personnel for

20 the Armed Forces Retirement Home under section

21 1007(i) of title 37, United States Code.

22 (G) Options for ways to meet the funding needs

23 of the Armed Forces Retirement Home without in24 creasing the amount deducted from pay under sec25 tion 1007(i) of title 37, United States Code.
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1 (H) Any other matters that the Secretary of

2 Defense, after the consultation required by para3 graph (3), considers appropriate regarding funding

4 of the Armed Forces Retirement Home.

5 (3) The Secretary shall consult the Armed Forces Re6 tirement Home Board and the secretaries of the military

7 departments in preparing the report under this subsection.

8 SEC. 586. AUTHORIZATION OF APPROPRIATIONS.

9 There is hereby authorized to be appropriated for fis10 cal year 1997 from the Armed Forces Retirement Home

11 Trust Fund the sum of $57,345,000 for the operation of

12 the Armed Forces Retirement Home.

13 TITLE VI—COMPENSATION AND

14 OTHER PERSONNEL BENEFITS

15 Subtitle A—Pay and Allowances

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

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

18 adjustment required by section 1009 of title 37, United

19 States Code, in elements of compensation of members of

20 the uniformed services to become effective during fiscal

21 year 1997 shall not be made.

22 (b) INCREASE IN BASIC PAY AND BAS.—Effective

23 January 1, 1997, the rates of basic pay and basic allow24 ance for subsistence of members of the uniformed services

25 are increased by 3.0 percent.
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1 (c) INCREASE IN BAQ.—Effective January 1, 1997,

2 the rates of basic allowance for quarters of members of

3 the uniformed services are increased by 4.0 percent.

4 SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY.

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

6 amended—

7 (1) by striking out paragraph (2); and

8 (2) in paragraph (1), by striking out ‘‘(1)’’.

9 SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS

10 WHILE HOSPITALIZED.

11 (a) IN GENERAL.—Section 210 of title 37, United

12 States Code, is amended—

13 (1) by redesignating subsection (b) as sub14 section (c); and

15 (2) by inserting after subsection (a) the follow16 ing new subsection (b):

17 ‘‘(b) A senior enlisted member of an armed force shall

18 continue to be entitled to the rate of basic pay authorized

19 for the senior enlisted member of that armed force while

20 the member is hospitalized, beginning on the day of the

21 hospitalization and ending on the day the member is dis22 charged from the hospital, but not for more than 180

23 days.’’.

24 (b) CLERICAL AMENDMENTS.—(1) The heading of

25 such section is amended to read as follows:
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1 ‘‘§ 210. Pay of the senior noncommissioned officer of

2 an armed force during terminal leave and

3 while hospitalized’’.

4 (2) The item relating to such section in the table of

5 sections at the beginning of chapter 3 of title 10, United

6 States Code, is amended to read as follows:

‘‘210. Pay of the senior noncommissioned officer of an armed force during terminal leave and while hospitalized.’’.

7 SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR MEM8 BERS ASSIGNED TO SEA DUTY.

9 (a) ENTITLEMENT OF SINGLE MEMBERS ABOVE

10 GRADE E–5.—Section 403(c)(2) of title 37, United States

11 Code, is amended by striking out the second sentence.

12 (b) ENTITLEMENT OF CERTAIN SINGLE MEMBERS IN

13 GRADE E–5.—Section 403(c)(2) of such title, as amended

14 by subsection (a), is further amended by adding at the

15 end the following: ‘‘However, the Secretary concerned may

16 authorize payment of the basic allowance for quarters to

17 members of a uniformed service without dependents who

18 are in pay grade E–5, are on sea duty, and are not pro19 vided Government quarters ashore.’’.

20 (c) ENTITLEMENT WHEN BOTH SPOUSES IN

21 GRADES BELOW GRADE E–6 ARE ASSIGNED TO SEA

22 DUTY.—Section 403(c)(2) of such title, as amended by

23 subsections (a) and (b), is further amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
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1 (2) by adding at the end the following: ‘‘Not2 withstanding section 421 of this title, two members

3 of the uniformed services in pay grades below E–6

4 who are married to each other, have no dependent

5 other than the spouse, and are simultaneously as6 signed to sea duty on ships are jointly entitled to

7 one basic allowance for quarters at the rate provided

8 for members with dependents in the highest pay

9 grade in which either spouse is serving.’’.

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

11 subsections (a), (b), and (c) shall take effect on October

12 1, 1996.

13 SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO

14 DENY AN ELECTION NOT TO OCCUPY GOV15 ERNMENT QUARTERS.

16 Section 403(b)(3) of title 37, United States Code, is

17 amended by striking out ‘‘A member’’ and inserting in lieu

18 thereof ‘‘Subject to the provisions of subsection (j), a

19 member’’.

20 SEC. 606. FAMILY SEPARATION ALLOWANCE FOR MEMBERS

21 SEPARATED BY MILITARY ORDERS FROM

22 SPOUSES WHO ARE MEMBERS.

23 Section 427(b) of title 37, United States Code, is

24 amended—

25 (1) in paragraph (1)—
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1 (A) by striking out ‘‘or’’ at the end of sub2 paragraph (B);

3 (B) by striking out the period at the end

4 of subparagraph (C) and inserting in lieu there5 of ‘‘; or’’; and

6 (C) by adding at the end the following:

7 ‘‘(D) the member is married to a member of a

8 uniformed service, the member has no dependent

9 other than the spouse, the two members are sepa10 rated by reason of the execution of military orders,

11 and the two members were residing together imme12 diately before being separated by reason of execution

13 of military orders.’’; and

14 (2) by adding at the end the following:

15 ‘‘(5) Section 421 of this title does not apply to bar

16 an entitlement to an allowance under paragraph (1)(D).

17 However, not more than one monthly allowance may be

18 paid with respect to a married couple under paragraph

19 (1)(D) for any month.’’.

20 SEC. 607. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR

21 PAY AND ALLOWANCES.

22 Section 3702 of title 31, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(e)(1) Upon the request of the Secretary concerned

25 (as defined in section 101 of title 37), the Comptroller
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1 General may waive the time limitations set forth in sub2 section (b) or (c) in the case of a claim for pay or allow3 ances provided under title 37 and, subject to paragraph

4 (2), settle the claim.

5 ‘‘(2) Payment of a claim settled under paragraph (1)

6 shall be subject to the availability of appropriations for

7 payment of that particular claim.

8 ‘‘(3) This subsection does not apply to a claim in ex9 cess of $25,000.’’.

10 Subtitle B—Bonuses and Special

11 and Incentive Pays

12 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

13 FORCES.

14 (a) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

15 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

16 Section 302g(f) of title 37, United States Code, is amend17 ed by striking out ‘‘September 30, 1997’’ and inserting

18 in lieu thereof ‘‘September 30, 1998’’.

19 (b) SELECTED RESERVE REENLISTMENT BONUS.—

20 Section 308b(f) of title 37, United States Code, is amend21 ed by striking out ‘‘September 30, 1997’’ and inserting

22 in lieu thereof ‘‘September 30, 1998’’.

23 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec24 tion 308c(e) of title 37, United States Code, is amended
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1 by striking out ‘‘September 30, 1997’’ and inserting in

2 lieu thereof ‘‘September 30, 1998’’.

3 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

4 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI5 ORITY UNITS.—Section 308d(c) of title 37, United States

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

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

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of title 37, United States Code, is amended

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

11 lieu thereof ‘‘September 30, 1998’’.

12 (f) READY RESERVE ENLISTMENT AND REENLIST13 MENT BONUS.—Section 308h(g) of title 37, United States

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

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

16 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

17 308i(i) of title 37, United States Code, is amended by

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

19 thereof ‘‘September 30, 1998’’.

20 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

21 PAY FOR NURSE OFFICER CANDIDATES, REG22 ISTERED NURSES, AND NURSE ANES23 THETISTS.

24 (a) NURSE OFFICER CANDIDATE ACCESSION PRO25 GRAM.—Section 2130a(a)(1) of title 10, United States
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1 Code, is amended by striking out ‘‘September 30, 1997’’

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

3 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

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

5 amended by striking out ‘‘September 30, 1997’’ and in6 serting in lieu thereof ‘‘September 30, 1998’’.

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

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

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

11 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY12 MENT OF OTHER BONUSES AND SPECIAL

13 PAYS.

14 (a) AVIATION OFFICER RETENTION BONUS.—Sec15 tion 301b(a) of title 37, United States Code, is amended

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

17 lieu thereof ‘‘September 30, 1998,’’.

18 (b) REENLISTMENT BONUS FOR ACTIVE MEM19 BERS.—Section 308(g) of title 37, United States Code, is

20 amended by striking out ‘‘September 30, 1997’’ and in21 serting in lieu thereof ‘‘September 30, 1998’’.

22 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

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

24 Code, are each amended by striking out ‘‘September 30,
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1 1997’’ and inserting in lieu thereof ‘‘September 30,

2 1998’’.

3 (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI4 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

5 312(e) of title 37, United States Code, is amended by

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

7 thereof ‘‘September 30, 1998’’.

8 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

9 312b(c) of title 37, United States Code, is amended by

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

11 thereof ‘‘September 30, 1998’’.

12 (f) NUCLEAR CAREER ANNUAL INCENTIVE

13 BONUS.—Section 312c(d) of title 37, United States Code,

14 is amended by striking out ‘‘October 1, 1997’’ and insert15 ing in lieu thereof ‘‘October 1, 1998’’.

16 (g) REPAYMENT OF EDUCATION LOANS FOR CER17 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE18 LECTED RESERVE.—Section 16302(d) of title 10, United

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

20 1997’’ and inserting in lieu thereof ‘‘October 1, 1998’’.

21 SEC. 614. INCREASED SPECIAL PAY FOR DENTAL OFFICERS

22 OF THE ARMED FORCES.

23 (a) INCREASED RATES.—Section 302b(a) of title 37,

24 United States Code, is amended—

25 (1) in paragraph (2)—
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1 (A) in subparagraph (A), by striking out

2 ‘‘$1,200’’ and inserting in lieu thereof

3 ‘‘$3,000’’;

4 (B) in subparagraph (B), by striking out

5 ‘‘$2,000’’ and inserting in lieu thereof

6 ‘‘$7,000’’; and

7 (C) in subparagraph (C), by striking out

8 ‘‘$4,000’’ and inserting in lieu thereof

9 ‘‘$7,000’’;

10 (2) in paragraph (4), by redesignating subpara11 graphs (A), (B), and (C) as subparagraphs (B), (C),

12 and (D), respectively, and by inserting before sub13 paragraph (B), as so redesignated, the following new

14 subparagraph (A):

15 ‘‘(A) $4,000 per year, if the officer has less

16 than three years of creditable service.’’; and

17 (3) in paragraph (5)—

18 (A) in subparagraph (A)—

19 (i) by striking out ‘‘$2,000’’ and in20 serting in lieu thereof ‘‘$2,500’’; and

21 (ii) by striking out ‘‘12 years’’ and in22 serting in lieu thereof ‘‘10 years’’;

23 (B) in subparagraph (B)—

24 (i) by striking out ‘‘$3,000’’ and in25 serting in lieu thereof ‘‘$3,500’’; and
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1 (ii) by striking out ‘‘12 but less than

2 14 years’’ and inserting in lieu thereof ‘‘10

3 but less than 12 years’’; and

4 (C) in subparagraph (C), by striking out

5 ‘‘14 or more years’’ and inserting in lieu thereof

6 ‘‘12 or more years’’.

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

8 subsection (a) shall take effect on October 1, 1996.

9 SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC HEALTH

10 SERVICE OPTOMETRISTS.

11 Section 302a(b) of title 37, United States Code, is

12 amended—

13 (1) in paragraph (2)—

14 (A) by striking out ‘‘an armed force’’ in

15 the matter preceding subparagraph (A) and in16 serting in lieu thereof ‘‘a uniformed service’’;

17 and

18 (B) by striking out ‘‘of the military depart19 ment’’ in subparagraph (C); and

20 (2) in paragraph (4), by striking out ‘‘of the

21 military department’’.
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1 SEC. 616. SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE

2 PROVIDERS IN THE PUBLIC HEALTH SERV3 ICE.

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

5 amended—

6 (1) in the matter preceding paragraph (1), by

7 striking out ‘‘Secretary of Defense’’ and inserting in

8 lieu thereof ‘‘Secretary concerned’’; and

9 (2) in paragraph (1)—

10 (A) by striking out ‘‘or’’ the third place it

11 appears; and

12 (B) by inserting before the period at the

13 end the following: ‘‘, or an officer in the Regu14 lar or Reserve Corps of the Public Health Serv15 ice’’.

16 SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUB17 LIC HEALTH SERVICE AND NATIONAL OCE18 ANIC AND ATMOSPHERIC ADMINISTRATION

19 OFFICERS.

20 (a) ELIGIBILITY.—Section 316 of title 37, United

21 States Code, is amended in subsection (a)—

22 (1) in the matter preceding paragraph (1), by

23 striking out ‘‘armed forces’’ and inserting in lieu

24 thereof ‘‘uniformed services’’;

25 (2) in paragraph (2)—
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1 (A) by striking out ‘‘Secretary of Defense’’

2 and inserting in lieu thereof ‘‘Secretary con3 cerned’’; and

4 (B) by inserting ‘‘or public health’’ after

5 ‘‘national defense’’; and

6 (3) in paragraph (3)—

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

8 ‘‘military’’ and inserting in lieu thereof ‘‘uni9 formed services’’;

10 (B) in subparagraph (C), by striking out

11 ‘‘military’’; and

12 (C) in subparagraph (D)—

13 (i) by striking out ‘‘Department of

14 Defense’’ and inserting in lieu thereof

15 ‘‘uniformed service’’; and

16 (ii) by striking out ‘‘Secretary of De17 fense’’ and inserting in lieu thereof ‘‘Sec18 retary concerned’’.

19 (b) ADMINISTRATION.—Subsection (d) of such sec20 tion is amended—

21 (1) by striking out ‘‘his jurisdiction and’’ and

22 inserting in lieu thereof ‘‘the Secretary’s jurisdic23 tion,’’; and

24 (2) by inserting before the period at the end ‘‘,

25 by the Secretary of Health and Human Services for
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1 the Commissioned Corps of the Public Health Serv2 ice, and by the Secretary of Commerce for the Na3 tional Oceanic and Atmospheric Administration’’.

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

5 subsections (a) and (b) shall take effect on October 1,

6 1996, and apply with respect to months beginning on or

7 after such date.

8 Subtitle C—Travel and

9 Transportation Allowances

10 SEC. 621. ROUND TRIP TRAVEL ALLOWANCES FOR SHIP11 PING MOTOR VEHICLES AT GOVERNMENT EX12 PENSE.

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

14 United States Code, is amended as follows—

15 (1) in clause (i)(I), by inserting ‘‘, including re16 turn travel to the old duty station,’’ after ‘‘nearest

17 the old duty station’’; and

18 (2) in clause (ii), by inserting ‘‘, including trav19 el from the new duty station to the port of debarka20 tion to pick up the vehicle’’ after ‘‘to the new duty

21 station’’.

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

23 subsection (a) shall take effect on April 1, 1997.
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1 SEC. 622. OPTION TO STORE INSTEAD OF TRANSPORT A

2 PRIVATELY OWNED VEHICLE AT THE EX3 PENSE OF THE UNITED STATES.

4 (a) IN GENERAL.—Section 2634 of title 10, United

5 States Code, is amended—

6 (1) by redesignating subsection (b) as sub7 section (g);

8 (2) by transferring subsection (g), as so redes9 ignated, to the end of such section; and

10 (3) by inserting after subsection (a) the follow11 ing new subsection (b):

12 ‘‘(b) When a member is ordered to make a change

13 of permanent station to a foreign country and the member

14 is authorized under subsection (a) to have a vehicle trans15 ported under that subsection, the Secretary may authorize

16 the member to store the vehicle (instead of having it trans17 ported) if restrictions imposed by the foreign country or

18 the United States preclude entry of the vehicle into that

19 country or require extensive modification of the vehicle as

20 a condition for entry of the vehicle into the country. The

21 cost of the storage of the vehicle, and costs associated with

22 the delivery of the vehicle for storage and removal of the

23 vehicle for delivery from storage shall be paid by the Unit24 ed States. Costs paid under this subsection may not exceed

25 reasonable amounts, as determined under regulations pre26 scribed by the Secretary of Defense (and the Secretary
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1 of Transportation with respect to the Coast Guard when

2 it is not operating as a service in the Navy).’’.

3 (b) UNACCOMPANIED TOURS.—Subsection (h)(1)(B)

4 of section 406 of title 37, United States Code, is amended

5 to read as follows:

6 ‘‘(B) in the case of a member described in para7 graph (2)(A), authorize the transportation of one

8 motor vehicle that is owned by the member (or a de9 pendent of a member) and is for his dependent’s

10 personal use to that location by means of transpor11 tation authorized under section 2634 of title 10, or

12 authorize storage of such motor vehicle if the stor13 age of the motor vehicle is otherwise authorized

14 under that section.’’.

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

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

17 SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL AND TRANS18 PORTATION ALLOWANCES IN CONNECTION

19 WITH LEAVE BETWEEN CONSECUTIVE OVER20 SEAS TOURS.

21 (a) AUTHORITY FOR ADDITIONAL DEFERRAL OF

22 TRAVEL.—Section 411b(a)(2) of title 37, United States

23 Code, is amended by adding at the end the following: ‘‘A

24 member may defer the travel for one additional year if,

25 due to participation in a contingency operation, the mem-
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1 ber is unable to commence the travel within the one-year

2 period provided for under the preceding sentence.’’.

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

4 subsection shall (a) take effect as of November 1, 1995,

5 and shall apply with respect to members of the uniformed

6 services who, on or after that date, participate in critical

7 operational missions, as determined under the third sen8 tence of section 411b(a)(2) of title 37, United States Code

9 (as added by subsection (a)).

10 SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD

11 EFFECTS OF PUBLIC HEALTH SERVICE OFFI12 CERS.

13 Section 406(j)(1) of title 37, United States Code, is

14 amended in the first sentence—

15 (1) by inserting ‘‘, and appropriations available

16 to the Department of Health and Human Services

17 for providing transportation of household effects of

18 members of the Commissioned Corps of the Public

19 Health Service under subsection (b),’’ after ‘‘mem20 bers of the armed forces under subsection (b)’’; and

21 (2) by striking out ‘‘of the military depart22 ment’’.
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1 Subtitle D—Retired Pay, Survivor

2 Benefits, and Related Matters

3 SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST4 OF-LIVING ADJUSTMENT FOR FISCAL YEAR

5 1998.

6 (a) REPEAL OF ADJUSTMENT OF EFFECTIVE DATE

7 FOR FISCAL YEAR 1998.—Section 1401a(b)(2)(B) of title

8 10, United States Code, is amended—

9 (1) by striking out ‘‘(B) SPECIAL RULES’’ and

10 all that follows through ‘‘In the case of’’ in clause

11 (i) and inserting in lieu thereof ‘‘(B) SPECIAL RULE

12 FOR FISCAL YEAR 1996.—In the case of’’; and

13 (2) by striking out clause (ii).

14 (b) REPEAL OF CONTINGENT ALTERNATIVE DATE

15 FOR FISCAL YEAR 1998.—Section 631 of the National

16 Defense Authorization Act for Fiscal Year 1996 (Public

17 Law 104–106; 110 Stat. 364) is amended by striking out

18 subsection (b).

19 SEC. 632. ALLOTMENT OF RETIRED OR RETAINER PAY.

20 (a) AUTHORITY.—(1) Part II of subtitle A of title

21 10, United States Code, is amended by inserting after

22 chapter 71 the following new chapter:

23 ‘‘CHAPTER 72—MISCELLANEOUS RETIRED

24 AND RETAINER PAY AUTHORITIES

‘‘Sec.

‘‘1421. Allotments.
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1 ‘‘§ 1421. Allotments

2 ‘‘(a) AUTHORITY.—Subject to such conditions and re3 strictions as may be provided in regulations prescribed

4 under subsection (b), a member or former member of the

5 armed forces entitled to retired or retainer pay may trans6 fer or assign the member or former member’s retired or

7 retainer pay account when due and payable.

8 ‘‘(b) REGULATIONS.—The Secretaries of the military

9 departments and the Secretary of Transportation (with re10 spect to the Coast Guard when it is not operating as a

11 service in the Navy) shall prescribe uniform regulations

12 for the administration of subsection (a).’’.

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

14 A of such title and the beginning of part II of such subtitle

15 are amended by inserting after the item relating to chap16 ter 71 the following:

‘‘72. Miscellaneous retired and retainer pay authorities .......................... 1421’’.

17 (b) IMPLEMENTATION.—(1) Notwithstanding section

18 1421 of title 10, United States Code (as added by sub19 section (a)), a person entitled to retired or retainer pay

20 may not initiate a transfer or assignment of retired or re21 tainer pay under such section until regulations prescribed

22 under subsection (b) of such section take effect.

23 (2) The Secretaries of the military departments and

24 the Secretary of Transportation shall prescribe regulations

25 under subsection (b) of such section that ensure that, be-
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1 ginning not later than October 1, 1997, a person may

2 make up to six transfers or assignments of the person’s

3 retired or retainer pay account when due and payable for

4 payment of any financial obligations.

5 SEC. 633. COST-OF-LIVING INCREASES IN SBP CONTRIBU6 TIONS TO BE EFFECTIVE CONCURRENTLY

7 WITH PAYMENT OF RELATED RETIRED PAY

8 COST-OF-LIVING INCREASES.

9 (a) SURVIVOR BENEFIT PLAN.—Section 1452(h) of

10 title 10, United States Code, is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(2)(A) Notwithstanding paragraph (1), when the

15 initial payment of an increase in retired pay under section

16 1401a of this title (or any other provision of law) to a

17 person is later than the effective date of that increase by

18 reason of the application of subsection (b)(2)(B) of such

19 section (or section 631(b) of Public Law 104–106 (110

20 Stat. 364)), then the amount of the reduction in the per21 son’s retired pay shall be effective on the date of that ini22 tial payment of the increase in retired pay rather than

23 the effective date of the increase in retired pay.

24 ‘‘(B) Subparagraph (A) may not be construed as de25 laying, for purposes of determining the amount of a
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1 monthly annuity under section 1451 of this title, the effec2 tive date of an increase in a base amount under subsection

3 (h) of such section from the effective date of an increase

4 in retired pay under section 1401a of this title to the date

5 on which the initial payment of that increase in retired

6 pay is made in accordance with subsection (b)(2)(B) of

7 such section 1401a.’’.

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

9 subsection (a) shall take effect with respect to retired pay

10 payable for months beginning on or after the date of the

11 enactment of this Act.

12 SEC. 634. ANNUITIES FOR CERTAIN MILITARY SURVIVING

13 SPOUSES.

14 (a) SURVIVOR ANNUITY.—(1) The Secretary con15 cerned shall pay an annuity to the qualified surviving

16 spouse of each member of the uniformed services who—

17 (A) died before March 21, 1974, and was enti18 tled to retired or retainer pay on the date of death;

19 or

20 (B) was a member of a reserve component of

21 the Armed Forces during the period beginning on

22 September 21, 1972, and ending on October 1,

23 1978, and at the time of his death would have been

24 entitled to retired pay under chapter 67 of title 10,

25 United States Code (as in effect before December 1,
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1 1994), but for the fact that he was under 60 years

2 of age.

3 (2) A qualified surviving spouse for purposes of this

4 section is a surviving spouse who has not remarried and

5 who is not eligible for an annuity under section 4 of Public

6 Law 92–425 (10 U.S.C. 1448 note).

7 (b) AMOUNT OF ANNUITY.—(1) An annuity under

8 this section shall be paid at the rate of $165 per month,

9 as adjusted from time to time under paragraph (3).

10 (2) An annuity paid to a surviving spouse under this

11 section shall be reduced by the amount of any dependency

12 and indemnity compensation (DIC) to which the surviving

13 spouse is entitled under section 1311(a) of title 38, United

14 States Code.

15 (3) Whenever after the date of the enactment of this

16 Act retired or retainer pay is increased under section

17 1401a(b)(2) of title 10, United States Code, each annuity

18 that is payable under this section shall be increased at

19 the same time and by the same total percent. The amount

20 of the increase shall be based on the amount of the month21 ly annuity payable before any reduction under this section.

22 (c) APPLICATION REQUIRED.—No benefit shall be

23 paid to any person under this section unless an application

24 for such benefit is filed with the Secretary concerned by

25 or on behalf of such person.
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1 (d) DEFINITIONS.—For purposes of this section:

2 (1) The terms ‘‘uniformed services’’ and ‘‘Sec3 retary concerned’’ have the meanings given such

4 terms in section 101 of title 37, United States Code.

5 (2) The term ‘‘surviving spouse’’ has the mean6 ing given the terms ‘‘widow’’ and ‘‘widower’’ in para7 graphs (3) and (4) of section 1447 of title 10, Unit8 ed States Code.

9 (e) PROSPECTIVE APPLICABILITY.—(1) Annuities

10 under this section shall be paid for months beginning after

11 the month in which this Act is enacted.

12 (2) No benefit shall accrue to any person by reason

13 of the enactment of this section for any period before the

14 first month referred to in paragraph (1).

15 (f) EXPIRATION OF AUTHORITY.—The authority to

16 pay annuities under this section shall expire on September

17 30, 2001.

18 SEC. 635. ADJUSTED ANNUAL INCOME LIMITATION APPLI19 CABLE TO ELIGIBILITY FOR INCOME SUPPLE20 MENT FOR CERTAIN WIDOWS OF MEMBERS

21 OF THE UNIFORMED SERVICES.

22 Section 4 of Public Law 92–425 (10 U.S.C. 1448

23 note) is amended by striking out ‘‘$2,340’’ in subsection

24 (a)(3) and in the first sentence of subsection (b) and in25 serting in lieu thereof ‘‘$5,448’’.
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1 SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT

2 ORDER BY WAIVER OF RETIRED PAY TO EN3 HANCE CIVIL SERVICE RETIREMENT ANNU4 ITY.

5 (a) CIVIL SERVICE RETIREMENT AND DISABILITY

6 SYSTEM.—

7 (1) IN GENERAL.—Subsection (c) of section

8 8332 of title 5, United States Code, is amended by

9 adding at the end the following:

10 ‘‘(4) If an employee or Member waives retired pay

11 that is subject to a court order for which there has been

12 effective service on the Secretary concerned for purposes

13 of section 1408 of title 10, the military service on which

14 the retired pay is based may be credited as service for

15 purposes of this subchapter only if, in accordance with

16 regulations prescribed by the Director of the Office of Per17 sonnel Management, the employee or Member authorizes

18 the Director to deduct and withhold from the annuity pay19 able to the employee or Member under this subchapter,

20 and to pay to the former spouse covered by the court

21 order, the same amount that would have been deducted

22 and withheld from the employee’s or Member’s retired pay

23 and paid to that former spouse under such section 1408.’’.

24 (2) CONFORMING AMENDMENT.—Paragraph (1)

25 of such subsection is amended by striking ‘‘Except
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1 as provided in paragraph (2)’’ and inserting ‘‘Except

2 as provided in paragraphs (2) and (4)’’.

3 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

4 (1) IN GENERAL.—Subsection (c) of section

5 8411 of title 5, United States Code, is amended by

6 adding at the end the following:

7 ‘‘(5) If an employee or Member waives retired pay

8 that is subject to a court order for which there has been

9 effective service on the Secretary concerned for purposes

10 of section 1408 of title 10, the military service on which

11 the retired pay is based may be credited as service for

12 purposes of this chapter only if, in accordance with regula13 tions prescribed by the Director of the Office of Personnel

14 Management, the employee or Member authorizes the Di15 rector to deduct and withhold from the annuity payable

16 to the employee or Member under this subchapter, and

17 to pay to the former spouse covered by the court order,

18 the same amount that would have been deducted and with19 held from the employee’s or Member’s retired pay and

20 paid to that former spouse under such section 1408.’’.

21 (2) CONFORMING AMENDMENT.—Paragraph (1)

22 of such subsection is amended by striking ‘‘Except

23 as provided in paragraph (2) or (3)’’ and inserting

24 ‘‘Except as provided in paragraphs (2), (3), and

25 (5)’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 subsections (a) and (b) shall take effect on January 1,

3 1997.

4 Subtitle E—Other Matters

5 SEC. 641. REIMBURSEMENT FOR ADOPTION EXPENSES IN6 CURRED IN ADOPTIONS THROUGH PRIVATE

7 PLACEMENTS.

8 (a) DEPARTMENT OF DEFENSE.—Section 1052(g)(1)

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

10 out ‘‘adoption or by a nonprofit, voluntary adoption agen11 cy which is authorized by State or local law to place chil12 dren for adoption’’ and inserting in lieu thereof ‘‘adoption,

13 by a nonprofit, voluntary adoption agency which is author14 ized by State or local law to place children for adoption,

15 or by any other source if the adoption is supervised by

16 a court under State or local law’’.

17 (b) COAST GUARD.—Section 514(g)(1) of title 14,

18 United States Code, is amended by striking out ‘‘adoption

19 or by a nonprofit, voluntary adoption agency which is au20 thorized by State or local law to place children for adop21 tion’’ and inserting in lieu thereof ‘‘adoption, by a non22 profit, voluntary adoption agency which is authorized by

23 State or local law to place children for adoption, or by

24 any other source if the adoption is supervised by a court

25 under State or local law’’.
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1 SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS WITH2 HELD FOR TAX PURPOSES FROM CERTAIN

3 SEPARATION PAY RECEIVED BY INVOLUN4 TARILY SEPARATED MEMBERS AND FORMER

5 MEMBERS OF THE ARMED FORCES.

6 (a) IN GENERAL.—Section 1174(h) of title 10, Unit7 ed States Code, is amended—

8 (1) in paragraph (1), by inserting ‘‘(less the

9 amount of Federal income tax withheld from such

10 pay)’’ before the period at the end; and

11 (2) in paragraph (2), by inserting ‘‘(less the

12 amount of Federal income tax withheld from such

13 pay)’’ before the period at the end of the first sen14 tence.

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

16 this section shall take effect on October 1, 1996, and shall

17 apply to payments of separation pay, severance pay, or

18 readjustment pay that are made after October 1, 1996.

19 SEC. 643. PAYMENT TO VIETNAMESE COMMANDOS CAP20 TURED AND INTERNED BY NORTH VIETNAM.

21 (a) PAYMENT AUTHORIZED.—(1) The Secretary of

22 Defense shall make a payment to any person who dem23 onstrates that he or she was captured and incarcerated

24 by the Democratic Republic of Vietnam after having en25 tered into the territory of the Democratic Republic of Viet-
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1 nam pursuant to operations conducted under OPLAN 34A

2 or its predecessor.

3 (2) No payment may be made under this section to

4 any individual who the Secretary of Defense determines,

5 based on the available evidence, served in the Peoples

6 Army of Vietnam or who provided active assistance to the

7 Government of the Democratic Republic of Vietnam dur8 ing the period 1958 through 1975.

9 (3) In the case of a decedent who would have been

10 eligible for a payment under this section if the decedent

11 had lived, the payment shall be made to survivors of the

12 decedent in the order in which the survivors are listed,

13 as follows:

14 (A) To the surviving spouse.

15 (B) If there is no surviving spouse, to the sur16 viving children (including natural children and

17 adopted children) of the decedent, in equal shares.

18 (b) AMOUNT PAYABLE.—The amount payable to or

19 with respect to a person under this section is $40,000.

20 (c) TIME LIMITATIONS.—(1) In order to be eligible

21 for payment under this section, the claimant must file his

22 or her claim with the Secretary of Defense within 18

23 months of the effective date of the regulations implement24 ing this section.
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1 (2) Not later than 18 months after the Secretary re2 ceives a claim for payment under this section—

3 (A) the claimant’s eligibility for payment of the

4 claim under subsection (a) shall be determined; and

5 (B) if the claimant is determined eligible, the

6 claim shall be paid.

7 (d) DETERMINATION AND PAYMENT OF CLAIMS.—

8 (1) SUBMISSION AND DETERMINATION OF CLAIMS.—The

9 Secretary of Defense shall establish by regulation proce10 dures whereby individuals may submit claims for payment

11 under this section. Such regulations shall be issued within

12 6 months of the date of enactment of this Act.

13 (2) PAYMENT OF CLAIMS.—The Secretary of De14 fense, in consultation with the other affected agencies,

15 may establish guidelines for determining what constitutes

16 adequate documentation that an individual was captured

17 and incarcerated by the Democratic Republic of Vietnam

18 after having entered the territory of the Democratic Re19 public of Vietnam pursuant to operations conducted under

20 OPLAN 34A or its predecessor.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the

22 total amount authorized to be appropriated under section

23 301, $20,000,000 is available for payments under this sec24 tion. Notwithstanding section 301, that amount is author-
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1 ized to be appropriated so as to remain available until ex2 pended.

3 (f) PAYMENT IN FULL SATISFACTION OF CLAIMS

4 AGAINST THE UNITED STATES.—The acceptance of pay5 ment by an individual under this section shall be in full

6 satisfaction of all claims by or on behalf of that individual

7 against the United States arising from operations under

8 OPLAN 34A or its predecessor.

9 (g) ATTORNEY FEES.—Notwithstanding any con10 tract, the representative of an individual may not receive,

11 for services rendered in connection with the claim of an

12 individual under this section, more than ten percent of a

13 payment made under this section on such claim.

14 (h) NO RIGHT TO JUDICIAL REVIEW.—All deter15 minations by the Secretary of Defense pursuant to this

16 section are final and conclusive, notwithstanding any other

17 provision of law. Claimants under this program have no

18 right to judicial review, and such review is specifically pre19 cluded.

20 (i) REPORTS.—(1) No later than 24 months after the

21 enactment of this Act, the Secretary of Defense shall sub22 mit a report to the Congress on the payment of claims

23 pursuant to this section.

24 (2) No later than 42 months after the enactment of

25 this Act, the Secretary of Defense shall submit a final re-
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1 port to the Congress on the payment of claims pursuant

2 to this section.

3 TITLE VII—HEALTH CARE

4 PROVISIONS

5 Subtitle A—General

6 SEC. 701. IMPLEMENTATION OF REQUIREMENT FOR SE7 LECTED RESERVE DENTAL INSURANCE PLAN.

8 (a) IMPLEMENTATION BY CONTRACT.—Section

9 1076b(a) of title 10, United States Code, is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY

11 TO ESTABLISH PLAN.—’’;

12 (2) by designating the third sentence as para13 graph (3); and

14 (3) by inserting after paragraph (1), as des15 ignated by paragraph (1) of this subsection, the fol16 lowing:

17 ‘‘(2) The Secretary shall provide benefits under the

18 plan through one or more contracts awarded after full and

19 open competition.’’.

20 (b) SCHEDULE FOR IMPLEMENTATION.—Section

21 705(b) of the National Defense Authorization Act for Fis22 cal Year 1996 (Public Law 104–106; 110 Stat. 373; 10

23 U.S.C. 1076b note) is amended—
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1 (1) by striking out ‘‘Beginning not later than

2 October 1, 1996’’ in the first sentence and inserting

3 in lieu thereof ‘‘During fiscal year 1997’’;

4 (2) by striking out ‘‘fiscal year 1996’’ both

5 places it appears and inserting in lieu thereof ‘‘fiscal

6 years 1996 and 1997’’; and

7 (3) in the second sentence, by striking out ‘‘by

8 that date’’ and inserting in lieu thereof ‘‘during fis9 cal year 1997’’.

10 SEC. 702. DENTAL INSURANCE PLAN FOR MILITARY RETIR11 EES AND CERTAIN DEPENDENTS.

12 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

13 States Code, is amended by inserting after section 1076b

14 the following new section:

15 ‘‘§ 1076c. Military retirees’ dental insurance plan

16 ‘‘(a) REQUIREMENT.—(1) The Secretary of Defense

17 shall establish a dental insurance plan for—

18 ‘‘(A) members and former members of the

19 armed forces who are entitled to retired or retainer

20 pay;

21 ‘‘(B) members of the Retired Reserve who, ex22 cept for not having attained 60 years of age, would

23 be entitled to retired pay; and
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1 ‘‘(C) eligible dependents of members and former

2 members covered by the enrollment of such members

3 or former members in the plan.

4 ‘‘(2) The dental insurance plan shall provide for vol5 untary enrollment of participants and shall authorize a

6 member or former member to enroll for self only or for

7 self and eligible dependents.

8 ‘‘(3) The plan shall be administered under regula9 tions prescribed by the Secretary of Defense, in consulta10 tion with the Secretary of Transportation.

11 ‘‘(b) PREMIUMS.—(1) Subject to paragraph (2), a

12 member or former member enrolled in the dental insur13 ance plan shall pay the premiums charged for the insur14 ance coverage. The amount of the premiums payable by

15 a member or former member entitled to retired or retainer

16 pay shall be deducted and withheld from the retired or

17 retainer pay and shall be disbursed to pay the premiums.

18 The regulations prescribed under subsection (a)(3) shall

19 specify the procedures for payment of the premiums by

20 other enrolled members and former members.

21 ‘‘(2) The Secretary of Defense may provide for pre22 mium-sharing between the Department of Defense and the

23 members and former members enrolled in the plan.

24 ‘‘(c) BENEFITS AVAILABLE UNDER PLAN.—The den25 tal insurance plan established under subsection (a) shall
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1 provide benefits for basic dental care and treatment, in2 cluding diagnostic services, preventative services, basic re3 storative services (including endodontics), surgical serv4 ices, and emergency services.

5 ‘‘(d) COVERAGE.—(1) The Secretary shall prescribe

6 a minimum required period for enrollment by a member

7 or former member in the dental insurance plan established

8 under subsection (a).

9 ‘‘(2) The Secretary shall terminate the enrollment in

10 the plan of any member or former member, and any de11 pendents covered by the enrollment, upon the occurrence

12 of one of the following events:

13 ‘‘(A) Termination of the member or former

14 member’s entitlement to retired pay or retainer pay.

15 ‘‘(B) Termination of the member or former

16 member’s status as a member of the Retired Re17 serve.

18 ‘‘(e) CONTINUATION OF DEPENDENTS’ ENROLLMENT

19 UPON DEATH OF ENROLLEE.—Coverage of a dependent

20 under an enrollment of a member or former member who

21 dies during the period of enrollment shall continue until

22 the end of that period, except that the coverage may be

23 terminated on any earlier date when the premiums paid

24 are no longer sufficient to cover continuation of the enroll25 ment. The Secretary shall prescribe in regulations the par-
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1 ties responsible for paying the remaining premiums due

2 on the enrollment and the manner for collection of the pre3 miums.

4 ‘‘(f) ELIGIBLE DEPENDENT DEFINED.—In this sec5 tion, the term ‘eligible dependent’ means a dependent de6 scribed in subparagraph (A), (D), or (I) of section 1072(2)

7 of this title.’’.

8 (2) The table of sections at the beginning of such

9 chapter is amended by inserting after the item relating

10 to section 1076b the following new item:

‘‘1076c. Military retirees’ dental insurance plan.’’.

11 (b) IMPLEMENTATION.—Beginning not later than

12 October 1, 1997, the Secretary of Defense shall offer

13 members and former members of the Armed Forces re14 ferred to in subsection (a)(1) of section 1076c of title 10,

15 United States Code (as added by subsection (a)(1) of this

16 section), the opportunity to enroll in the dental insurance

17 plan required under such section and to receive the bene18 fits under the plan immediately upon enrollment.

19 SEC. 703. UNIFORM COMPOSITE HEALTH CARE SYSTEM

20 SOFTWARE.

21 (a) REQUIREMENT FOR USE OF UNIFORM SOFT22 WARE.—The Secretary of Defense, in consultation with

23 the other administering Secretaries, shall take such action

24 as is necessary promptly—
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1 (1) to provide a uniform software package for

2 use by providers of health care under the TRICARE

3 program and by military treatment facilities for the

4 computerized processing of information; and

5 (2) to require such providers to use the uniform

6 software package in connection with providing health

7 care under the TRICARE program or otherwise

8 under chapter 55 of title 10, United States Code.

9 (b) CONTENT OF UNIFORM SOFTWARE PACKAGE.—

10 The uniform software package required to be used under

11 subsection (a) shall, at a minimum, provide for processing

12 of the following information:

13 (1) TRICARE program enrollment.

14 (2) Determinations of eligibility for health care.

15 (3) Provider network information.

16 (4) Eligibility of beneficiaries to receive health

17 benefits from other sources.

18 (5) Appointment scheduling.

19 (c) MODIFICATION OF CONTRACTS.—Notwithstand20 ing any other provision of law, the Secretary may modify

21 any existing contract with a health care provider under

22 the TRICARE program as necessary to require the health

23 care provider to use the uniform software package re24 quired under subsection (a).

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘administering Secretaries’’ has

2 the meaning given such term in section 1072(3) of

3 title 10, United States Code.

4 (2) The term ‘‘military treatment facility’’—

5 (A) means a facility of the uniformed serv6 ices in which health care is provided under

7 chapter 55 of title 10, United States Codes;

8 and

9 (B) includes a facility deemed to be a facil10 ity of the uniformed services by virtue of section

11 911(a) of the Military Construction Authoriza12 tion Act, 1982 (42 U.S.C. 248c(a)).

13 (3) The term ‘‘TRICARE program’’ means the

14 managed health care program that is established by

15 the Secretary of Defense under the authority of

16 chapter 55 of title 10, United States Code, prin17 cipally section 1097 of such title, and includes the

18 competitive selection of contractors to financially un19 derwrite the delivery of health care services under

20 the Civilian Health and Medical Program of the

21 Uniformed Services.
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1 SEC. 704. ENHANCEMENT OF THIRD-PARTY COLLECTION

2 AND SECONDARY PAYER AUTHORITIES

3 UNDER CHAMPUS.

4 (a) RETENTION AND USE BY TREATMENT FACILI5 TIES OF AMOUNTS COLLECTED.—Subsection (g)(1) of

6 section 1095 of title 10, United States Code, is amended

7 by inserting ‘‘or through’’ after ‘‘provided at’’.

8 (b) EXPANSION OF DEFINITION OF THIRD PARTY

9 PAYER.—Subsection (h) of such section is amended—

10 (1) in the first sentence of paragraph (1), by

11 inserting ‘‘and a workers’ compensation program or

12 plan’’ before the period; and

13 (2) in paragraph (2)—

14 (A) by striking out ‘‘organization and’’ and

15 inserting in lieu thereof a ‘‘organization,’’; and

16 (B) by inserting ‘‘, and a personal injury

17 protection plan or medical payments benefit

18 plan for personal injuries resulting from the op19 eration of a motor vehicle’’ before the period.

20 (c) APPLICABILITY OF SECONDARY PAYER REQUIRE21 MENT.—Section 1079(j)(1) of such title is amended by in22 serting ‘‘, including any plan offered by a third party

23 payer (as defined in section 1095(h)(1) of this title),’’

24 after ‘‘or health plan’’.
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1 SEC. 705. CODIFICATION OF AUTHORITY TO CREDIT

2 CHAMPUS COLLECTIONS TO PROGRAM AC3 COUNTS.

4 (a) CREDITS TO CHAMPUS ACCOUNTS.—Chapter

5 55 of title 10, United States Code, is amended by inserting

6 after section 1079 the following:

7 ‘‘§ 1079a. Crediting of CHAMPUS collections to pro8 gram accounts

9 ‘‘All refunds and other amounts collected by or for

10 the United States in the administration of the Civilian

11 Health and Medical Program of the Uniformed Services

12 (CHAMPUS) shall be credited to the appropriation avail13 able for that program for the fiscal year in which col14 lected.’’.

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

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 1079 the following new

18 item:

‘‘1079a. Crediting of CHAMPUS collections to program accounts.’’.

19 SEC. 706. COMPTROLLER GENERAL REVIEW OF HEALTH

20 CARE ACTIVITIES OF THE DEPARTMENT OF

21 DEFENSE RELATING TO PERSIAN GULF ILL22 NESSES.

23 (a) MEDICAL RESEARCH AND CLINICAL CARE PRO24 GRAMS.—The Comptroller General shall analyze the effec25 tiveness of the medical research programs and clinical care
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1 programs of the Department of Defense that relate to ill2 nesses that might have been contracted by members of the

3 Armed Forces as a result of service in the Southwest Asia

4 theater of operations during the Persian Gulf War.

5 (b) EXPERIMENTAL DRUGS.—The Comptroller Gen6 eral shall analyze the scope and effectiveness of the poli7 cies of the Department of Defense with respect to the in8 vestigational use of drugs, the experimental use of drugs,

9 and the use of drugs not approved by the Food and Drug

10 Administration to treat illnesses referred to in subsection

11 (a).

12 (c) ADMINISTRATION OF MEDICAL RECORDS.—The

13 Comptroller General shall analyze the administration of

14 medical records by the military departments in order to

15 assess the extent to which such records accurately reflect

16 the pre-deployment medical assessments, immunization

17 records, informed consent releases, complaints during rou18 tine sick call, emergency room visits, visits with unit med19 ics during deployment, and other relevant medical infor20 mation relating to the members and former members re21 ferred to in subsection (a) with respect to the illnesses re22 ferred to in that subsection.

23 (d) REPORTS.—The Comptroller General shall sub24 mit to Congress a separate report on each of the analyses

25 required under subsections (a), (b), and (c). The Comp-
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1 troller General shall submit the reports not later than

2 March 1, 1997.

3 SEC. 707. RESTORATION OF PREVIOUS POLICY REGARDING

4 RESTRICTIONS ON USE OF DEPARTMENT OF

5 DEFENSE MEDICAL FACILITIES.

6 Section 1093 of title 10, United States Code, is

7 amended—

8 (1) by striking out subsection (b); and

9 (2) in subsection (a), by striking out ‘‘(a) RE10 STRICTION ON USE OF FUNDS.—’’.

11 SEC. 708. PLANS FOR MEDICARE SUBVENTION DEM12 ONSTRATION PROGRAMS.

13 (a) PROGRAM FOR ENROLLMENT IN TRICARE MAN14 AGED CARE OPTION.—(1) Not later than September 6,

15 1996, the Secretary of Defense and the Secretary of

16 Health and Human Services shall jointly submit to Con17 gress and the President a report that sets forth a specific

18 plan and the Secretaries’ recommendations regarding the

19 establishment of a demonstration program under which—

20 (A) military retirees who are eligible for medi21 care are permitted to enroll in the managed care op22 tion of the Tricare program; and

23 (B) the Secretary of Health and Human Serv24 ices reimburses the Secretary of Defense from the

25 medicare program on a capitated basis for the costs
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1 of providing health care services to military retirees

2 who enroll.

3 (2) The report shall include the following:

4 (A) The number of military retirees projected

5 to participate in the demonstration program and the

6 minimum number of such participants necessary to

7 conduct the demonstration program effectively.

8 (B) A plan for notifying military retirees of

9 their eligibility for enrollment in the demonstration

10 program and for any other matters connected with

11 enrollment.

12 (C) A recommendation for the duration of the

13 demonstration program.

14 (D) A recommendation for the geographic re15 gions in which the demonstration program should be

16 conducted.

17 (E) The appropriate level of capitated reim18 bursement, and a schedule for such reimbursement,

19 from the medicare program to the Department of

20 Defense for health care services provided enrollees in

21 the demonstration program.

22 (F) An estimate of the amounts to be allocated

23 by the Department for the provision of health care

24 services to military retirees eligible for medicare in

25 the regions in which the demonstration program is
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1 proposed to be conducted in the absence of the pro2 gram and an assessment of revisions to such alloca3 tion that would result from the conduct of the pro4 gram.

5 (G) An estimate of the cost to the Department

6 and to the medicare program of providing health

7 care services to medicare eligible military retirees

8 who enroll in the demonstration program.

9 (H) An assessment of the likelihood of cost

10 shifting among the Department and the medicare

11 program under the demonstration program.

12 (I) A proposal for mechanisms for reconciling

13 and reimbursing any improper payments among the

14 Department and the medicare program under the

15 demonstration program.

16 (J) A methodology for evaluating the dem17 onstration program, including cost analyses.

18 (K) As assessment of the extent to which the

19 Tricare program is prepared to meet requirements of

20 the medicare program for purposes of the dem21 onstration program and the provisions of law or reg22 ulation that would have to be waived in order to fa23 cilitate the carrying out of the demonstration pro24 gram.
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1 (L) An assessment of the impact of the dem2 onstration program on military readiness.

3 (M) Contingency plans for the provision of

4 health care services under the demonstration pro5 gram in the event of the mobilization of health care

6 personnel.

7 (N) A recommendation of the reports that the

8 Department and the Department of Health and

9 Human Services should submit to Congress describ10 ing the conduct of the demonstration program.

11 (b) FEASABILITY STUDY FOR PROGRAM FOR EN12 ROLLMENT IN TRICARE FEE-FOR-SERVICE OPTION.—

13 Not later than January 3, 1997, the Secretary of Defense

14 and the Secretary of Health and Human Services shall

15 jointly submit to Congress and the President a report on

16 the feasibility and advisability of expanding the dem17 onstration program referred to in subsection (a) so as to

18 provide the Department with reimbursement from the

19 medicare program on a fee-for-service basis for health care

20 services provided medicare-eligible military retirees who

21 enroll in the demonstration program. The report shall in22 clude a proposal for the expansion of the program if the

23 expansion is determined to be advisable.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the

25 amounts authorized to be appropriated in section 301,
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1 $75,000,000 shall be made available to carry out the dem2 onstration program referred to in subsection (a) if Con3 gress authorizes the program by the end of the Second

4 Session of the One Hundred Fourth Congress.

5 SEC. 709. RESEARCH AND BENEFITS RELATING TO GULF

6 WAR SERVICE.

7 (a) RESEARCH.—(1) The Secretary of Defense shall,

8 by contract, grant, or other transaction, provide for sci9 entific research to be carried out by entities independent

10 of the Federal Government on possible causal relation11 ships between the complex of illnesses and symptoms com12 monly known as ‘‘Gulf War syndrome’’ and the possible

13 exposures of members of the Armed Forces to chemical

14 warfare agents or other hazardous materials during Gulf

15 War service.

16 (2) The Secretary shall prescribe the procedures for

17 making awards under paragraph (1). The procedures

18 shall—

19 (A) include a comprehensive, independent peer20 review process for the evaluation of proposals for sci21 entific research that are submitted to the Depart22 ment of Defense; and

23 (B) provide for the final selection of proposals

24 for award to be based on the scientific merit and

25 program relevance of the proposed research.
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1 (3) Of the amount authorized to be appropriated

2 under section 301(19), $10,000,000 is available for re3 search under paragraph (1).

4 (b) HEALTH CARE BENEFITS FOR AFFLICTED CHIL5 DREN OF GULF WAR VETERANS.—(1) Under regulations

6 prescribed by the Secretary of Defense, any child of a Gulf

7 War veteran who has been born after August 2, 1990, and

8 has a congenital defect or catastrophic illness not excluded

9 from coverage under paragraph (2) is eligible for medical

10 and dental care under chapter 55 of title 10, United

11 States Code, for the congenital defect or catastrophic ill12 ness, and associated conditions, of the child.

13 (2) The administering Secretaries may exclude from

14 coverage under this subsection—

15 (A) any congenital defect or catastrophic illness

16 that, as determined by the Secretary of Defense to

17 a reasonable degree of scientific certainty on the

18 basis of scientific research, is not a defect or cata19 strophic illness that can result in a child from an ex20 posure of a parent of the child to a chemical warfare

21 agent or other hazardous material to which members

22 of the Armed Forces might have been exposed dur23 ing Gulf War service; and

24 (B) a particular congenital defect or cata25 strophic illness (and any associated condition) of a
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1 particular child if the onset of the defect or illness

2 is determined to have preceded any possible exposure

3 of the parent or parents of the child to a chemical

4 warfare agent or other hazardous material during

5 Gulf War service.

6 (3) No fee, deductible, or copayment requirement

7 may be imposed or enforced for medical or dental care

8 provided under chapter 55 of title 10, United States Code,

9 in the case of a child who is eligible for such care under

10 this subsection (even if the child would otherwise be sub11 ject to such a requirement on the basis of any eligibility

12 for such care that the child also has under any provision

13 of law other than this subsection).

14 (c) DEFINITIONS.—(1) In this section:

15 (A) The term ‘‘Gulf War veteran’’ means a vet16 eran of Gulf War service.

17 (B) The term ‘‘Gulf War service’’ means service

18 on active duty as a member of the Armed Forces in

19 the Southwest Asia theater of operations during the

20 Persian Gulf War.

21 (C) The term ‘‘Persian Gulf War’’ has the

22 meaning given that term in section 101(33) of title

23 38, United States Code.
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1 (D) The term ‘‘administering Secretaries’’ has

2 the meaning given that term in section 1072(3) of

3 title 10, United States Code.

4 (E) The term ‘‘child’’ means a natural child.

5 (2) The Secretary of Defense shall prescribe in regu6 lations a definition of the terms ‘‘congenital defect’’ and

7 ‘‘catastrophic illness’’ for the purposes of this section.

8 SEC. 710. PREVENTIVE HEALTH CARE SCREENING FOR

9 COLON AND PROSTATE CANCER.

10 (a) MEMBERS AND FORMER MEMBERS.—(1) Section

11 1074d of title 10, United States Code, is amended—

12 (A) in subsection (a)—

13 (i) by inserting ‘‘(1)’’ before ‘‘Female’’;

14 and

15 (ii) by adding at the end the following new

16 paragraph:

17 ‘‘(2) Male members and former members of the uni18 formed services entitled to medical care under section

19 1074 or 1074a of this title shall also be entitled to preven20 tive health care screening for colon or prostate cancer at

21 such intervals and using such screening methods as the

22 administering Secretaries consider appropriate.’’; and

23 (B) in subsection (b), by adding at the end the

24 following new paragraph:
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1 ‘‘(8) Colon cancer screening, at the intervals

2 and using the screening methods prescribed under

3 subsection (a)(2).’’.

4 (2)(A) The heading of such section is amended to

5 read as follows:

6 ‘‘§ 1074d. Primary and preventive health care serv7 ices

8 (B) The item relating to such section in the table of

9 sections at the beginning of chapter 55 of such title is

10 amended to read as follows:

‘‘1074d. Primary and preventive health care services.’’.

11 (b) DEPENDENTS.—(1) Section 1077(a) of such title

12 is amended by adding at the end the following new para13 graph:

14 ‘‘(14) Preventive health care screening for colon

15 or prostate cancer, at the intervals and using the

16 screening methods prescribed under section

17 1074d(a)(2) of this title.’’.

18 (2) Section 1079(a)(2) of such title is amended—

19 (A) in the matter preceding subparagraph (A),

20 by inserting ‘‘the schedule and method of colon and

21 prostate cancer screenings,’’ after ‘‘pap smears and

22 mammograms,’’; and

23 (B) in subparagraph (B), by inserting ‘‘or colon

24 and prostate cancer screenings’’ after ‘‘pap smears

25 and mammograms’’.
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1 Subtitle B—Uniformed Services

2 Treatment Facilities

3 SEC. 721. DEFINITIONS.

4 In this subtitle:

5 (1) The term ‘‘administering Secretaries’’

6 means the Secretary of Defense, the Secretary of

7 Transportation, and the Secretary of Health and

8 Human Services.

9 (2) The term ‘‘agreement’’ means the agree10 ment required under section 722(b) between the Sec11 retary of Defense and a designated provider.

12 (3) The term ‘‘capitation payment’’ means an

13 actuarially sound payment for a defined set of health

14 care services that is established on a per enrollee per

15 month basis.

16 (4) The term ‘‘covered beneficiary’’ means a

17 beneficiary under chapter 55 of title 10, United

18 States Code, other than a beneficiary under section

19 1074(a) of such title.

20 (5) The term ‘‘designated provider’’ means a

21 public or nonprofit private entity that was a trans22 feree of a Public Health Service hospital or other

23 station under section 987 of the Omnibus Budget

24 Reconciliation Act of 1981 (Public Law 97–35; 95

25 Stat. 603) and that, before the date of the enact-
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1 ment of this Act, was deemed to be a facility of the

2 uniformed services for the purposes of chapter 55 of

3 title 10, United States Code. The term includes any

4 legal successor in interest of the transferee.

5 (6) The term ‘‘enrollee’’ means a covered bene6 ficiary who enrolls with a designated provider.

7 (7) The term ‘‘health care services’’ means the

8 health care services provided under the health plan

9 known as the TRICARE PRIME option under the

10 TRICARE program.

11 (8) The term ‘‘Secretary’’ means the Secretary

12 of Defense.

13 (9) The term ‘‘TRICARE program’’ means the

14 managed health care program that is established by

15 the Secretary of Defense under the authority of

16 chapter 55 of title 10, United States Code, prin17 cipally section 1097 of such title, and includes the

18 competitive selection of contractors to financially un19 derwrite the delivery of health care services under

20 the Civilian Health and Medical Program of the

21 Uniformed Services.
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1 SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNI2 FORMED SERVICES HEALTH CARE DELIVERY

3 SYSTEM.

4 (a) INCLUSION IN SYSTEM.—The health care delivery

5 system of the uniformed services shall include the des6 ignated providers.

7 (b) AGREEMENTS TO PROVIDE MANAGED HEALTH

8 CARE SERVICES.—(1) After consultation with the other

9 administering Secretaries, the Secretary of Defense shall

10 negotiate and enter into an agreement with each des11 ignated provider, under which the designated provider will

12 provide managed health care services to covered bene13 ficiaries who enroll with the designated provider.

14 (2) The agreement shall be entered into on a sole

15 source basis. The Federal Acquisition Regulation, except

16 for those requirements regarding competition, issued pur17 suant to section 25(c) of the Office of Federal Procure18 ment Policy Act (41 U.S.C. 421(c)) shall apply to the

19 agreements as acquisitions of commercial items.

20 (3) The implementation of an agreement is subject

21 to availability of funds for such purpose.

22 (c) EFFECTIVE DATE OF AGREEMENTS.—(1) Unless

23 an earlier effective date is agreed upon by the Secretary

24 and the designated provider, the agreement shall take ef25 fect upon the later of the following:
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1 (A) The date on which a managed care support

2 contract under the TRICARE program is imple3 mented in the service area of the designated pro4 vider.

5 (B) October 1, 1997.

6 (2) Notwithstanding paragraph (1), the designated

7 provider whose service area includes Seattle, Washington,

8 shall implement its agreement as soon as the agreement

9 permits.

10 (d) TEMPORARY CONTINUATION OF EXISTING PAR11 TICIPATION AGREEMENTS.—The Secretary shall extend

12 the participation agreement of a designated provider in ef13 fect immediately before the date of the enactment of this

14 Act under section 718(c) of the National Defense Author15 ization Act for Fiscal Year 1991 (Public Law 101–510;

16 104 Stat. 1587) until the agreement required by this sec17 tion takes effect under subsection (c).

18 (e) SERVICE AREA.—The Secretary may not reduce

19 the size of the service area of a designated provider below

20 the size of the service area in effect as of September 30,

21 1996.

22 (f) COMPLIANCE WITH ADMINISTRATIVE REQUIRE23 MENTS.—(1) Unless otherwise agreed upon by the Sec24 retary and a designated provider, the designated provider

25 shall comply with necessary and appropriate administra-
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1 tive requirements established by the Secretary for other

2 providers of health care services and requirements estab3 lished by the Secretary of Health and Human Services for

4 risk-sharing contractors under section 1876 of the Social

5 Security Act (42 U.S.C. 1395mm). The Secretary and the

6 designated provider shall determine and apply only such

7 administrative requirements as are minimally necessary

8 and appropriate. A designated provider shall not be re9 quired to comply with a law or regulation of a State gov10 ernment requiring licensure as a health insurer or health

11 maintenance organization.

12 (2) A designated provider may not contract out more

13 than five percent of its primary care enrollment without

14 the approval of the Secretary, except in the case of pri15 mary care contracts between a designated provider and a

16 primary care contractor in force on the date of the enact17 ment of this Act.

18 SEC. 723. PROVISION OF UNIFORM BENEFIT BY DES19 IGNATED PROVIDERS.

20 (a) UNIFORM BENEFIT REQUIRED.—A designated

21 provider shall offer to enrollees the health benefit option

22 prescribed and implemented by the Secretary under sec23 tion 731 of the National Defense Authorization Act for

24 Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 1073

25 note), including accompanying cost-sharing requirements.
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1 (b) TIME FOR IMPLEMENTATION OF BENEFIT.—A

2 designated provider shall offer the health benefit option

3 described in subsection (a) to enrollees upon the later of

4 the following:

5 (1) The date on which health care services with6 in the health care delivery system of the uniformed

7 services are rendered through the TRICARE pro8 gram in the region in which the designated provider

9 operates.

10 (2) October 1, 1996.

11 (c) ADJUSTMENTS.—The Secretary may establish a

12 later date under subsection (b)(2) or prescribe reduced

13 cost-sharing requirements for enrollees.

14 SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.

15 (a) FISCAL YEAR 1997 LIMITATION.—(1) During fis16 cal year 1997, the number of covered beneficiaries who

17 are enrolled in managed care plans offered by designated

18 providers may not exceed the number of such enrollees as

19 of October 1, 1995.

20 (2) The Secretary may waive the limitation under

21 paragraph (1) if the Secretary determines that additional

22 enrollment authority for a designated provider is required

23 to accommodate covered beneficiaries who are dependents

24 of members of the uniformed services entitled to health

25 care under section 1074(a) of title 10, United States Code.
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1 (b) PERMANENT LIMITATION.—For each fiscal year

2 after fiscal year 1997, the number of enrollees in managed

3 care plans offered by designated providers may not exceed

4 110 percent of the number of such enrollees as of the first

5 day of the immediately preceding fiscal year. The Sec6 retary may waive this limitation as provided in subsection

7 (a)(2).

8 (c) RETENTION OF CURRENT ENROLLEES.—An en9 rollee in the managed care program of a designated pro10 vider as of September 30, 1997, or such earlier date as

11 the designated provider and the Secretary may agree

12 upon, shall continue receiving services from the designated

13 provider pursuant to the agreement entered into under

14 section 722 unless the enrollee disenrolls from the des15 ignated provider. Except as provided in subsection (e), the

16 administering Secretaries may not disenroll such an en17 rollee unless the disenrollment is agreed to by the Sec18 retary and the designated provider.

19 (d) ADDITIONAL ENROLLMENT AUTHORITY.—Other

20 covered beneficiaries may also receive health care services

21 from a designated provider, except that the designated

22 provider may market such services to, and enroll, only

23 those covered beneficiaries who—

24 (1) do not have other primary health insurance

25 coverage (other than medicare coverage) covering
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1 basic primary care and inpatient and outpatient

2 services; or

3 (2) are enrolled in the direct care system under

4 the TRICARE program, regardless of whether the

5 covered beneficiaries were users of the health care

6 delivery system of the uniformed services in prior

7 years.

8 (e) SPECIAL RULE FOR MEDICARE-ELIGIBLE BENE9 FICIARIES.—If a covered beneficiary who desires to enroll

10 in the managed care program of a designated provider is

11 also entitled to hospital insurance benefits under part A

12 of title XVIII of the Social Security Act (42 U.S.C. 1395c

13 et seq.), the covered beneficiary shall elect whether to re14 ceive health care services as an enrollee or under part A

15 of title XVIII of the Social Security Act. The Secretary

16 may disenroll an enrollee who subsequently violates the

17 election made under this subsection and receives benefits

18 under part A of title XVIII of the Social Security Act.

19 (f) INFORMATION REGARDING ELIGIBLE COVERED

20 BENEFICIARIES.—The Secretary shall provide, in a timely

21 manner, a designated provider with an accurate list of cov22 ered beneficiaries within the marketing area of the des23 ignated provider to whom the designated provider may

24 offer enrollment.
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1 SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.

2 (a) APPLICATION OF PAYMENT RULES.—Subject to

3 subsection (b), the Secretary shall require a private facility

4 or health care provider that is a health care provider under

5 the Civilian Health and Medical Program of the Uni6 formed Services to apply the payment rules described in

7 section 1074(c) of title 10, United States Code, in impos8 ing charges for health care that the private facility or pro9 vider provides to enrollees of a designated provider.

10 (b) AUTHORIZED ADJUSTMENTS.—The payment

11 rules imposed under subsection (a) shall be subject to such

12 modifications as the Secretary considers appropriate. The

13 Secretary may authorize a lower rate than the maximum

14 rate that would otherwise apply under subsection (a) if

15 the lower rate is agreed to by the designated provider and

16 the private facility or health care provider.

17 (c) REGULATIONS.—The Secretary shall prescribe

18 regulations to implement this section after consultation

19 with the other administering Secretaries.

20 (d) CONFORMING AMENDMENT.—Section 1074 of

21 title 10, United States Code, is amended by striking out

22 subsection (d).

23 SEC. 726. PAYMENTS FOR SERVICES.

24 (a) FORM OF PAYMENT.—Unless otherwise agreed to

25 by the Secretary and a designated provider, the form of

26 payment for services provided by a designated provider
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1 shall be full risk capitation. The capitation payments shall

2 be negotiated and agreed upon by the Secretary and the

3 designated provider. In addition to such other factors as

4 the parties may agree to apply, the capitation payments

5 shall be based on the utilization experience of enrollees

6 and competitive market rates for equivalent health care

7 services for a comparable population to such enrollees in

8 the area in which the designated provider is located.

9 (b) LIMITATION ON TOTAL PAYMENTS.—Total capi10 tation payments to a designated provider shall not exceed

11 an amount equal to the cost that would have been incurred

12 by the Government if the enrollees had received their care

13 through a military treatment facility, the TRICARE pro14 gram, or the medicare program, as the case may be.

15 (c) ESTABLISHMENT OF PAYMENT RATES ON AN16 NUAL BASIS.—The Secretary and a designated provider

17 shall establish capitation payments on an annual basis,

18 subject to periodic review for actuarial soundness and to

19 adjustment for any adverse or favorable selection reason20 ably anticipated to result from the design of the program.

21 (d) ALTERNATIVE BASIS FOR CALCULATING PAY22 MENTS.—After September 30, 1999, the Secretary and a

23 designated provider may mutually agree upon a new basis

24 for calculating capitation payments.
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1 SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.

2 (a) REPEALS.—The following provisions of law are

3 repealed:

4 (1) Section 911 of the Military Construction

5 Authorization Act, 1982 (42 U.S.C. 248c).

6 (2) Section 1252 of the Department of Defense

7 Authorization Act, 1984 (42 U.S.C. 248d).

8 (3) Section 718(c) of the National Defense Au9 thorization Act for Fiscal year 1991 (Public Law

10 101–510; 42 U.S.C. 248c note).

11 (4) Section 726 of the National Defense Au12 thorization Act for Fiscal Year 1996 (Public Law

13 104–106; 42 U.S.C. 248c note).

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

15 this section shall take effect on October 1, 1997.

16 TITLE VIII—ACQUISITION POL17 ICY, ACQUISITION MANAGE18 MENT, AND RELATED MAT19 TERS

20 SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PRO21 GRAMS.

22 (a) FUNDING.—Of the amount authorized to be ap23 propriated under section 301(5), $12,000,000 shall be

24 available for carrying out the provisions of chapter 142

25 of title 10, United States Code.
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1 (b) SPECIFIC PROGRAMS.—Of the amounts made

2 available pursuant to subsection (a), $600,000 shall be

3 available for fiscal year 1997 for the purpose of carrying

4 out programs sponsored by eligible entities referred to in

5 subparagraph (D) of section 2411(1) of title 10, United

6 States Code, that provide procurement technical assist7 ance in distressed areas referred to in subparagraph (B)

8 of section 2411(2) of such title. If there is an insufficient

9 number of satisfactory proposals for cooperative agree10 ments in such distressed areas to allow effective use of

11 the funds made available in accordance with this sub12 section in such areas, the funds shall be allocated among

13 the Defense Contract Administration Services regions in

14 accordance with section 2415 of such title.

15 SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PRO16 GRAM.

17 Section 831(j) of the National Defense Authorization

18 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend19 ed—

20 (1) in paragraph (1), by striking out ‘‘1995’’

21 and inserting in lieu thereof ‘‘1998’’; and

22 (2) in paragraph (2), by striking out ‘‘1996’’

23 and inserting in lieu thereof ‘‘1999’’.
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1 SEC. 803. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN PROTOTYPE PROJECTS.

3 (a) AUTHORIZED OFFICIALS.—(1) Subsection (a) of

4 section 845 of the National Defense Authorization Act for

5 Fiscal Year 1994 (107 Stat. 1547; 10 U.S.C. 2371 note)

6 is amended by inserting ‘‘, the Secretary of a military de7 partment, or any other official designated by the Secretary

8 of Defense’’ after ‘‘Agency’’.

9 (2) Subsection (b)(2) of such section is amended to

10 read as follows:

11 ‘‘(2) To the maximum extent practicable, competitive

12 procedures shall be used when entering into agreements

13 to carry out projects under subsection (a).’’.

14 (b) EXTENSION OF AUTHORITY.—Subsection (c) of

15 such section is amended by striking out ‘‘terminate’’ and

16 all that follows and inserting in lieu thereof ‘‘terminate

17 at the end of September 30, 2001.’’.

18 SEC. 804. REVISIONS TO THE PROGRAM FOR THE ASSESS19 MENT OF THE NATIONAL DEFENSE TECH20 NOLOGY AND INDUSTRIAL BASE.

21 (a) NATIONAL DEFENSE PROGRAM FOR ANALYSIS

22 OF THE TECHNOLOGY AND INDUSTRIAL BASE.—Section

23 2503 of title 10, United States Code, is amended—

24 (1) in subsection (a)—

25 (A) by striking out ‘‘(1) The Secretary of

26 Defense, in consultation with the National De-
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1 fense Technology and Industrial Base Council’’

2 in paragraph (1) and inserting in lieu thereof

3 ‘‘The Secretary of Defense, in consultation with

4 the Secretary of Commerce’’; and

5 (B) by striking out paragraphs (2), (3),

6 and (4); and

7 (2) in subsection (c)(3)(A)—

8 (A) by striking out ‘‘the National Defense

9 Technology and Industrial Base Council in’’

10 and inserting in lieu thereof ‘‘the Secretary of

11 Defense for’’; and

12 (B) by striking out ‘‘and the periodic plans

13 required by section 2506 of this title’’.

14 (b) PERIODIC DEFENSE CAPABILITY ASSESS15 MENTS.—(1) Section 2505 of title 10, United States Code,

16 is amended to read as follows:

17 ‘‘§ 2505. National technology and industrial base:

18 periodic defense capability assessments

19 ‘‘(a) PERIODIC ASSESSMENT.—Each fiscal year, the

20 Secretary of Defense shall prepare selected assessments

21 of the capability of the national technology and industrial

22 base to attain the national security objectives set forth in

23 section 2501(a) of this title.
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1 ‘‘(b) ASSESSMENT PROCESS.—The Secretary of De2 fense shall ensure that technology and industrial capability

3 assessments—

4 ‘‘(1) describe sectors or capabilities, their un5 derlying infrastructure and processes;

6 ‘‘(2) analyze present and projected financial

7 performance of industries supporting the sectors or

8 capabilities in the assessment; and

9 ‘‘(3) identify technological and industrial capa10 bilities and processes for which there is potential for

11 the national industrial and technology base not to be

12 able to support the achievement of national security

13 objectives.

14 ‘‘(c) FOREIGN DEPENDENCY CONSIDERATIONS.—In

15 the preparation of the periodic assessments, the Secretary

16 shall include considerations of foreign dependency.

17 ‘‘(d) INTEGRATED PROCESS.—The Secretary of De18 fense shall ensure that consideration of the technology and

19 industrial base assessments is integrated into the overall

20 budget, acquisition, and logistics support decision proc21 esses of the Department of Defense.’’.

22 (2) Section 2502(b) of title 10, United States Code,

23 is amended—

24 (A) by striking out ‘‘the following responsibil25 ities:’’ and all that follows through ‘‘effective co-
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1 operation’’ and inserting in lieu thereof ‘‘the respon2 sibility to ensure effective cooperation’’; and

3 (B) by striking out paragraph (2); and

4 (3) by redesignating subparagraphs (A), (B),

5 and (C) as paragraphs (1), (2), and (3), respectively,

6 and adjusting the margin of such paragraphs two

7 ems to the left.

8 (c) REPEAL OF REQUIREMENT FOR PERIODIC DE9 FENSE CAPABILITY PLAN.—Section 2506 of title 10,

10 United States Code, is repealed.

11 (d) DEPARTMENT OF DEFENSE TECHNOLOGY AND

12 INDUSTRIAL BASE POLICY GUIDANCE.—Subchapter II of

13 chapter 148 of title 10, United States Code, is amended

14 by inserting after section 2505 the following new section

15 2506:

16 ‘‘§ 2506. Department of Defense technology and in17 dustrial base policy guidance

18 ‘‘(a) DEPARTMENTAL GUIDANCE.—The Secretary of

19 Defense shall prescribe departmental guidance for the at20 tainment of each of the national security objectives set

21 forth in section 2501(a) of this title. Such guidance shall

22 provide for technological and industrial capability consid23 erations to be integrated into the budget allocation, weap24 ons acquisition, and logistics support decision processes.
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1 ‘‘(b) REPORT TO CONGRESS.—The Secretary of De2 fense shall report on the implementation of the depart3 mental guidance in the annual report to Congress submit4 ted pursuant to section 2508 of this title.’’.

5 (e) ANNUAL REPORT TO CONGRESS.—Such sub6 chapter is amended by inserting after section 2507 the

7 following new section:

8 ‘‘§ 2508. Annual report to Congress

9 ‘‘The Secretary of Defense shall transmit to the Com10 mittee on Armed Services of the Senate and the Commit11 tee on National Security of the House of Representatives

12 by March 1 of each year a report which shall include the

13 following information:

14 ‘‘(1) A description of the departmental guidance

15 prepared pursuant to section 2506 of this title.

16 ‘‘(2) A description of the methods and analyses

17 being undertaken by the Department of Defense

18 alone or in cooperation with other Federal agencies,

19 to identify and address concerns regarding techno20 logical and industrial capabilities of the national

21 technology and industrial base.

22 ‘‘(3) A description of the assessments prepared

23 pursuant to section 2505 of this title and other anal24 yses used in developing the budget submission of the

25 Department of Defense for the next fiscal year.
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1 ‘‘(4) Identification of each program designed to

2 sustain specific essential technological and industrial

3 capabilities and processes of the national technology

4 and industrial base.’’.

5 (f) REPEAL OF REQUIREMENT TO COORDINATE THE

6 ENCOURAGEMENT OF TECHNOLOGY TRANSFER WITH

7 THE COUNCIL.—Subsection 2514(c) of title 10, United

8 States Code, is amended by striking out paragraph (5).

9 (g) CLERICAL AMENDMENTS.—The table of sections

10 at the beginning of subchapter II of chapter 148 of title

11 10, United States Code, is amended—

12 (1) by striking out the item relating to section

13 2506 and inserting in lieu thereof the following:

‘‘2506. Department of Defense technology and industrial base policy guidance.’’;

14 and

15 (2) by adding at the end the following:

‘‘2508. Annual report to Congress.’’.

16 (h) REPEAL OF SUPERSEDED AND EXECUTED

17 LAW.—Sections 4218, 4219, and 4220 of the National

18 Defense Authorization Act for Fiscal Year 1993 (Public

19 Law 102–484; 10 U.S.C. 2505 note and 2506 note) are

20 repealed.
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1 SEC. 805. PROCUREMENTS TO BE MADE FROM SMALL ARMS

2 INDUSTRIAL BASE FIRMS.

3 (a) REQUIREMENT.—Chapter 146 of title 10, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 2473. Procurements from the small arms industrial

7 base

8 ‘‘(a) AUTHORITY TO DESIGNATE EXCLUSIVE

9 SOURCES.—To the extent that the Secretary of Defense

10 determines necessary to preserve the part of the national

11 technology and industrial base that supplies property and

12 services described in subsection (b), the Secretary may re13 quire that the procurements of such items for the Depart14 ment of Defense be made only from the firms listed in

15 the plan entitled ‘Preservation of Critical Elements of the

16 Small Arms Industrial Base’, dated January 8, 1994, that

17 was prepared by an independent assessment panel of the

18 Army Science Board.

19 ‘‘(b) COVERED ITEMS.—The authority provided in

20 subsection (a) applies to the following property and serv21 ices:

22 ‘‘(1) Repair parts for small arms.

23 ‘‘(2) Modifications of parts to improve small

24 arms used by the armed forces.

25 ‘‘(3) Overhaul of unserviceable small arms of

26 the armed forces.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following:

‘‘2473. Procurements from the small arms industrial base.’’.

4 SEC. 806. EXCEPTION TO PROHIBITION ON PROCUREMENT

5 OF FOREIGN GOODS.

6 Section 2534(d)(3) of title 10, United States Code,

7 is amended by inserting ‘‘or would impede the reciprocal

8 procurement of defense items under a memorandum of un9 derstanding providing for reciprocal procurement of de10 fense items that is entered into under section 2531 of this

11 title,’’ after ‘‘a foreign country,’’.

12 SEC. 807. TREATMENT OF DEPARTMENT OF DEFENSE

13 CABLE TELEVISION FRANCHISE AGREE14 MENTS.

15 (a) TREATMENT AS CONTRACT FOR TELECOMMUNI16 CATIONS SERVICES.—Subject to subsection (b), a cable

17 television franchise agreement for the Department of De18 fense shall be considered a contract for telecommuni19 cations services for purposes of part 49 of the Federal Ac20 quisition Regulation.

21 (b) LIMITATION.—The treatment of a cable television

22 franchise agreement as a contract for telecommunications

23 services shall be subject to such terms, conditions, limita24 tions, restrictions, and requirements relating to the power

25 of the executive branch to treat such an agreement as such
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1 a contract as are identified in the advisory opinion re2 quired under section 823 of the National Defense Author3 ization Act for Fiscal Year 1996 (Public Law 104–106;

4 110 Stat. 399).

5 (c) APPLICABILITY.—This section applies to cable tel6 evision franchise agreements for the Department of De7 fense only if the United States Court of Federal Claims

8 states in an advisory opinion referred to in subsection (b)

9 that it is within the power of the executive branch to treat

10 cable television franchise agreements for the construction,

11 installation, or capital improvement of cable television sys12 tems at military installations of the Department of De13 fense as contracts under part 49 of the Federal Acquisi14 tion Regulation without violating title VI of the Commu15 nications Act of 1934 (47 U.S.C. 521 et seq.).

16 SEC. 808. REMEDIES FOR REPRISALS AGAINST CONTRAC17 TOR EMPLOYEE WHISTLEBLOWERS.

18 Section 2409(c)(1) of title 10, United States Code,

19 is amended by striking out subparagraph (B) and insert20 ing in lieu thereof the following:

21 ‘‘(B) Order the contractor either—

22 ‘‘(i) to reinstate the person to the position

23 that the person held before the reprisal, to24 gether with the compensation (including back

25 pay), employment benefits, and other terms and
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1 conditions of employment that would apply to

2 the person in that position if the reprisal had

3 not been taken; or

4 ‘‘(ii) without reinstating the person, to pay

5 the person an amount equal to the compensa6 tion (including back pay) that, if the reprisal

7 had not been taken, would have been paid the

8 person in that position up to the date on which

9 the head of the agency determines that the per10 son has been subjected to a reprisal prohibited

11 under subsection (a).’’.

12 SEC. 809. IMPLEMENTATION OF INFORMATION TECH13 NOLOGY MANAGEMENT REFORM.

14 (a) REPORT.—(1) The Secretary of Defense shall in15 clude in the report submitted in 1997 under section 381

16 of Public Law 103–337 (108 Stat. 2739) a discussion of

17 the following matters relating to information resources

18 management by the Federal Government:

19 (A) The progress made in implementing the In20 formation Technology Management Reform Act of

21 1996 (division E of Public Law 104–106; 110 Stat.

22 679; 40 U.S.C. 1401 et seq.) and the amendments

23 made by that Act.

24 (B) The progress made in implementing the

25 strategy for the development or modernization of
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1 automated information systems for the Department

2 of Defense, as required by section 366 of Public

3 Law 104–106 (110 Stat 275; 10 U.S.C. 113 note).

4 (C) Plans of the Department of Defense for es5 tablishing an integrated framework for management

6 of information resources within the department.

7 (2) The discussion of matters under paragraph (1)

8 shall specifically include a discussion of the following:

9 (A) The status of the implementation of a set

10 of strategic, outcome-oriented performance meas11 ures.

12 (B) The specific actions being taken to link the

13 proposed performance measures to the planning,

14 programming, and budgeting system of the Depart15 ment of Defense and to the life-cycle management

16 processes of the department.

17 (C) The results of pilot program testing of pro18 posed performance measures.

19 (D) The additional training necessary for the

20 implementation of performance-based information

21 management.

22 (E) Plans for integrating management improve23 ment programs of the Department of Defense.
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1 (F) The department-wide actions that are nec2 essary to comply with the requirements of the follow3 ing provisions of law:

4 (i) The amendments made by the Govern5 ment Performance and Results Act of 1993

6 (Public Law 103–62; 107 Stat. 285).

7 (ii) The Information Management Reform

8 Act of 1996 (division E of Public Law 104–

9 106; 110 Stat 679; 40 U.S.C. 1401 et seq.) and

10 the amendments made by that Act.

11 (iii) Title V of the Federal Acquisition

12 Management Streamlining Act of 1994 (Public

13 Law 103–355; 108 Stat. 3349) and the amend14 ments made by that title.

15 (iv) The Chief Financial Officers Act of

16 1990 (Public Law 101–576; 104 Stat. 2838)

17 and the amendments made by that Act.

18 (G) A strategic information resources plan for

19 the Department of Defense that is based on the

20 strategy of the Secretary of Defense for support of

21 the department’s overall strategic goals by the core

22 and supporting processes of the department.

23 (b) YEAR 2000 SOFTWARE CONVERSION.—(1) The

24 Secretary of Defense shall ensure that all information

25 technology acquired by the Department of Defense pursu-
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1 ant to contracts entered into after September 30, 1996,

2 have the capabilities that comply with time and date

3 standards established by the National Institute of Stand4 ards and Technology or, if there is no such standard, gen5 erally accepted industry standards for providing fault-free

6 processing of date and date-related data in 2000.

7 (2) The Secretary, acting through the chief informa8 tion officers within the department (as designated pursu9 ant to section 3506 of title 44, United States Code), shall

10 assess all information technology within the Department

11 of Defense to determine the extent to which such tech12 nology have the capabilities to operate effectively with

13 technology that meet the standards referred to in para14 graph (1).

15 (3) Not later than January 1, 1997, the Secretary

16 shall submit to Congress a detailed plan for eliminating

17 any deficiencies identified pursuant to paragraph (2). The

18 plan shall include—

19 (A) a prioritized list of all affected programs;

20 (B) a description of how the deficiencies could

21 affect the national security of the United States; and

22 (C) an estimate of the resources that are nec23 essary to eliminate the deficiencies.
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1 SEC. 810. RESEARCH UNDER TRANSACTIONS OTHER THAN

2 CONTRACTS AND GRANTS.

3 (a) CONDITIONS FOR USE OF AUTHORITY.—Sub4 section (e) of section 2371 of title 10, United States Code,

5 is amended—

6 (1) by redesignating paragraphs (1) and (2) as

7 subparagraphs (A) and (B);

8 (2) by inserting ‘‘and’’ after the semicolon at

9 the end of subparagraph (A), as so redesignated;

10 (3) by striking out ‘‘; and’’ at the end of sub11 paragraph (B), as so redesignated, and inserting in

12 lieu thereof a period;

13 (4) by inserting ‘‘(1)’’ after ‘‘(e) CONDI14 TIONS.—’’; and

15 (5) by striking out paragraph (3) and inserting

16 in lieu thereof the following:

17 ‘‘(2) A cooperative agreement containing a clause

18 under subsection (d) or a transaction authorized under

19 subsection (a) may be used for a research project when

20 the use of a standard contract, grant, or cooperative

21 agreement for such project is not feasible or appropriate.’’.

22 (b) REVISED REQUIREMENT FOR ANNUAL RE23 PORT.—Section 2371 of such title is amended by striking

24 out subsection (h) and inserting in lieu thereof the follow25 ing:
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1 ‘‘(h) ANNUAL REPORT.—(1) Not later than 90 days

2 after the end of each fiscal year, the Secretary of Defense

3 shall submit to the Committee on Armed Services of the

4 Senate and the Committee on National Security of the

5 House of Representatives a report on Department of De6 fense use during such fiscal year of—

7 ‘‘(A) cooperative agreements authorized under

8 section 2358 of this title that contain a clause under

9 subsection (d); and

10 ‘‘(B) transactions authorized under subsection

11 (a).

12 ‘‘(2) The report shall include, with respect to the co13 operative agreements and other transactions covered by

14 the report, the following:

15 ‘‘(A) The technology areas in which research

16 projects were conducted under such agreements or

17 other transactions.

18 ‘‘(B) The extent of the cost-sharing among

19 Federal Government and non-Federal sources.

20 ‘‘(C) The extent to which the use of the cooper21 ative agreements and other transactions—

22 ‘‘(i) has contributed to a broadening of the

23 technology and industrial base available for

24 meeting Department of Defense needs; and
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1 ‘‘(ii) has fostered within the technology

2 and industrial base new relationships and prac3 tices that support the national security of the

4 United States.

5 ‘‘(D) The total amount of payments, if any,

6 that were received by the Federal Government dur7 ing the fiscal year covered by the report pursuant to

8 a clause described in subsection (d) that was in9 cluded in the cooperative agreements and trans10 actions, and the amount of such payments, if any,

11 that were credited to each account established under

12 subsection (f).’’.

13 (c) PROTECTION OF CERTAIN INFORMATION FROM

14 DISCLOSURE.—Such section, as amended by subsection

15 (b), is further amended by inserting after subsection (h)

16 the following:

17 ‘‘(i) PROTECTION OF CERTAIN INFORMATION FROM

18 DISCLOSURE.—(1) Disclosure of information described in

19 paragraph (2) is not required, and may not be compelled,

20 under section 552 of title 5 for five years after the date

21 on which the information is received by the Department

22 of Defense.

23 ‘‘(2) Paragraph (1) applies to the following informa24 tion in the records of the Department of Defense if the

25 information was submitted to the department in a com-
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1 petitive or noncompetitive process having the potential for

2 resulting in an award, to the submitters, of a cooperative

3 agreement that includes a clause described in subsection

4 (d) or other transaction authorized under subsection (a):

5 ‘‘(A) Proposals, proposal abstracts, and sup6 porting documents.

7 ‘‘(B) Business plans submitted on a confidential

8 basis.

9 ‘‘(C) Technical information submitted on a con10 fidential basis.’’.

11 (d) DIVISION OF SECTION INTO DISTINCT PROVI12 SIONS BY SUBJECT MATTER.—(1) Chapter 139 of title

13 10, United States Code, is amended—

14 (A) by inserting before the last subsection of

15 section 2371 (relating to cooperative research and

16 development agreements under the Stevenson17 Wydler Technology Innovation Act of 1980) the

18 following:

19 ‘‘§ 2371a. Cooperative research and development

20 agreements under Stevenson-Wydler

21 Technology Innovation Act of 1980’’;

22 (B) by striking out ‘‘(i) COOPERATIVE RE23 SEARCH AND DEVELOPMENT AGREEMENTS UNDER

24 STEVENSON-WYDLER TECHNOLOGY INNOVATION

25 ACT OF 1980.—’’; and
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1 (C) in the table of sections at the beginning of

2 such chapter, by inserting after the item relating to

3 section 2371 the following:

‘‘2371a. Cooperative research and development agreements under StevensonWydler Technology Innovation Act of 1980.’’.

4 (2) Section 2358(d) of such title is amended by strik5 ing out ‘‘section 2371’’ and inserting in lieu thereof ‘‘sec6 tions 2371 and 2371a’’.

7 SEC. 811. REPORTING REQUIREMENT UNDER DEMONSTRA8 TION PROJECT FOR PURCHASE OF FIRE, SE9 CURITY, POLICE, PUBLIC WORKS, AND UTIL10 ITY SERVICES FROM LOCAL GOVERNMENT

11 AGENCIES.

12 Section 816(b) of the National Defense Authorization

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

14 2820) is amended by striking out ‘‘1996’’ and inserting

15 in lieu thereof ‘‘1998’’.

16 SEC. 812. TEST PROGRAMS FOR MODERNIZATION17 THROUGH-SPARES.

18 Not later than 60 days after the date of enactment

19 of this Act, the Secretary of the Army shall report to the

20 Committee on Armed Services of the Senate and the Com21 mittee on National Security of the House of Representa22 tives on the steps he has taken to ensure that each pro23 gram included in the Army’s modernization-through24 spares program is conducted in accordance with—
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1 (1) the competition requirements in section

2 2304 of title 10;

3 (2) the core logistics requirements in section

4 2464 of title 10;

5 (3) the public-private competition requirements

6 in section 2469 of title 10; and

7 (4) requirements relating to contract bundling

8 and spare parts breakout in sections 15(a) and 15(l)

9 of the Small Business Act (15 U.S.C. 644) and im10 plementing regulations in the Defense FAR Supple11 ment.

12 SEC. 813. PILOT PROGRAM FOR TRANSFER OF DEFENSE

13 TECHNOLOGY INFORMATION TO PRIVATE IN14 DUSTRY.

15 (a) PROGRAM REQUIRED.—The Secretary of Defense

16 shall carry out a pilot program to demonstrate online

17 transfers of information on defense technologies to busi18 nesses in the private sector through an interactive data

19 network involving Small Business Development Centers of

20 institutions of higher education.

21 (b) COMPUTERIZED DATA BASE OF DEFENSE TECH22 NOLOGIES.—(1) Under the pilot program, the Secretary

23 shall enter into an agreement with the head of an eligible

24 institution of higher education that provides for such insti25 tution—
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1 (A) to develop and maintain a computerized

2 data base of information on defense technologies;

3 (B) to make such information available online

4 to—

5 (i) businesses; and

6 (ii) other institutions of higher education

7 entering into partnerships with the Secretary

8 under subsection (c).

9 (2) The online accessibility may be established by

10 means of any of, or any combination of, the following:

11 (A) Digital teleconferencing.

12 (B) International Signal Digital Network

13 lines.

14 (C) Direct modem hookup.

15 (c) PARTNERSHIP NETWORK.—Under the pilot pro16 gram, the Secretary shall seek to enter into agreements

17 with the heads of several eligible institutions of higher

18 education having strong business education programs to

19 provide for the institutions of higher education entering

20 into such agreements—

21 (1) to establish interactive computer links with

22 the data base developed and maintained under sub23 section (b); and

24 (2) to assist the Secretary in making informa25 tion on defense technologies available online to the
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1 broadest practicable number, types, and sizes of

2 businesses.

3 (d) ELIGIBLE INSTITUTIONS.—For the purposes of

4 this section, an institution of higher education is eligible

5 to enter into an agreement under subsection (b) or (c) if

6 the institution has a Small Business Development Center.

7 (e) DEFENSE TECHNOLOGIES COVERED.—(1) The

8 Secretary shall designate the technologies to be covered

9 by the pilot program from among the existing and experi10 mental technologies that the Secretary determines—

11 (A) are useful in meeting Department of De12 fense needs; and

13 (B) should be made available under the pilot

14 program to facilitate the satisfaction of such needs

15 by private sector sources.

16 (2) Technologies covered by the program should in17 clude technologies useful for defense purposes that can

18 also be used for nondefense purposes (without or without

19 modification).

20 (f) DEFINITIONS.—In this section:

21 (1) The term ‘‘Small Business Development

22 Center’’ means a small business development center

23 established pursuant to section 21 of the Small

24 Business Act (15 U.S.C. 648).
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1 (2) The term ‘‘defense technology’’ means a

2 technology designated by the Secretary of Defense

3 under subsection (d).

4 (3) The term ‘‘partnership’’ means an agree5 ment entered into under subsection (c).

6 (g) TERMINATION OF PILOT PROGRAM.—The pilot

7 program shall terminate one year after the Secretary en8 ters into an agreement under subsection (b).

9 (h) AUTHORIZATION OF APPROPRIATIONS.—Of the

10 amount authorized to be appropriated under section

11 201(4) for university research initiatives, $3,000,000 is

12 available for the pilot program.

13 TITLE IX—DEPARTMENT OF DE14 FENSE ORGANIZATION AND

15 MANAGEMENT

16 Subtitle A—General Matters

17 SEC. 901. REPEAL OF REORGANIZATION OF OFFICE OF SEC18 RETARY OF DEFENSE.

19 Sections 901 and 903 of the National Defense Au20 thorization Act for Fiscal Year 1996 (Public Law 104–

21 106; 110 Stat. 399 and 401) are repealed.
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1 SEC. 902. CODIFICATION OF REQUIREMENTS RELATING TO

2 CONTINUED OPERATION OF THE UNIFORMED

3 SERVICES UNIVERSITY OF THE HEALTH

4 SCIENCES.

5 (a) CODIFICATION OF EXISTING LAW.—(1) Chapter

6 104 of title 10, United States Code, is amended by insert7 ing after section 2112 the following:

8 ‘‘§ 2112a. Continued operation of University

9 ‘‘(a) CLOSURE PROHIBITED.—The University may

10 not be closed.

11 ‘‘(b) PERSONNEL STRENGTH.—During the five-year

12 period beginning on October 1, 1996, the personnel staff13 ing levels for the University may not be reduced below the

14 personnel staffing levels for the University on October 1,

15 1993.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by inserting after the item relating

18 to section 2112 the following:

‘‘2112a. Continued operation of University.’’.

19 (b) REPEAL OF SUPERSEDED LAW.—(1) Section 922

20 of the National Defense Authorization Act for Fiscal Year

21 1995 (Public Law 103–337; 108 Stat. 282; 10 U.S.C.

22 2112 note) is amended by striking out subsection (a).

23 (2) Section 1071 of the National Defense Authoriza24 tion Act for Fiscal Year 1996 (Public Law 104–106; 110
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1 Stat. 445; 10 U.S.C. 2112 note) is amended by striking

2 out subsection (b).

3 SEC. 903. CODIFICATION OF REQUIREMENT FOR UNITED

4 STATES ARMY RESERVE COMMAND.

5 (a) REQUIREMENT FOR ARMY RESERVE COM6 MAND.—(1) Chapter 307 of title 10, United States Code,

7 is amended by inserting after section 3074 the following:

8 ‘‘§ 3074a. United States Army Reserve Command

9 ‘‘(a) COMMAND.—The United States Army Reserve

10 Command is a separate command of the Army com11 manded by the Chief of Army Reserve.

12 ‘‘(b) CHAIN OF COMMAND.—Except as otherwise pre13 scribed by the Secretary of Defense, the Secretary of the

14 Army shall prescribe the chain of command for the United

15 States Army Reserve Command.

16 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

17 Army—

18 ‘‘(1) shall assign to the United States Army Re19 serve Command all forces of the Army Reserve in

20 the continental United States other than forces as21 signed to the unified combatant command for special

22 operations forces established pursuant to section 167

23 of this title; and

24 ‘‘(2) except as otherwise directed by the Sec25 retary of Defense in the case of forces assigned to
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1 carry out functions of the Secretary of the Army

2 specified in section 3013 of this title, shall assign all

3 such forces of the Army Reserve to the commander

4 of the United States Atlantic Command.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by inserting after the item relating

7 to section 3074 the following:

‘‘3074a. United States Army Reserve Command.’’.

8 (b) REPEAL OF SUPERSEDED LAW.—Section 903 of

9 the National Defense Authorization Act for Fiscal Year

10 1991 (Public Law 101–510; 104 Stat. 1620; 10 U.S.C.

11 3074 note) is repealed.

12 SEC. 904. TRANSFER OF AUTHORITY TO CONTROL TRANS13 PORTATION SYSTEMS IN TIME OF WAR.

14 (a) AUTHORITY OF SECRETARY OF DEFENSE.—Sec15 tion 4742 of title 10, United States Code, is amended by

16 striking out ‘‘Secretary of the Army’’ and inserting in lieu

17 thereof ‘‘Secretary of Defense’’.

18 (b) TRANSFER OF SECTION.—Such section, as

19 amended by subsection (a), is transferred to the end of

20 chapter 157 of such title and is redesignated as section

21 2644.

22 (c) CONFORMING AMENDMENT.—Section 9742 of

23 such title is repealed.

24 (d) CLERICAL AMENDMENTS.—(1) The table of sec25 tions at the beginning of chapter 157 of such title is
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1 amended by inserting after the item relating to section

2 2643 the following new item:

‘‘2644. Control of transportation systems in time of war.’’.

3 (2) The table of sections at the beginning of chapter

4 447 of such title is amended by striking out the item relat5 ing to section 4742.

6 (3) The table of sections at the beginning of chapter

7 947 of such title is amended by striking out the item relat8 ing to section 9742.

9 SEC. 905. REDESIGNATION OF OFFICE OF NAVAL RECORDS

10 AND HISTORY FUND AND CORRECTION OF

11 RELATED REFERENCES.

12 (a) NAME OF FUND.—Subsection (a) of section 7222

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

14 out ‘‘ ‘Office of Naval Records and History Fund’ ’’ in the

15 second sentence and inserting in lieu thereof ‘‘ ‘Naval His16 torical Center Fund’ ’’.

17 (b) CORRECTION OF REFERENCE TO ADMINISTERING

18 OFFICE.—Subsection (a) of such section, as amended by

19 subsection (a), is further amended by striking out ‘‘Office

20 of Naval Records and History’’ in the first sentence and

21 inserting in lieu thereof ‘‘Naval Historical Center’’.

22 (c) CONFORMING REFERENCE.—Subsection (c) of

23 such section is amended by striking out ‘‘Office of Naval

24 Records and History Fund’’ in the second sentence and

25 inserting in lieu thereof ‘‘Naval Historical Center Fund’’.
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1 (d) CLERICAL AMENDMENTS.—(1) The heading of

2 such section is amended to read as follows:

3 ‘‘§ 7222. Naval Historical Center Fund’’.

4 (2) The item relating to such section in the table of

5 sections at the beginning of chapter 631 of title 10, United

6 States Code, is amended to read as follows:

‘‘7222. Naval Historical Center Fund.’’.

7 SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE

8 IN APPOINTMENT AND EVALUATION OF CER9 TAIN INTELLIGENCE OFFICIALS.

10 (a) IN GENERAL.—Section 201 of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘§ 201. Certain intelligence officials: consultation and

13 concurrence regarding appointments;

14 evaluation of performance

15 ‘‘(a) CONSULTATION REGARDING APPOINTMENT.—

16 Before submitting a recommendation to the President re17 garding the appointment of an individual to the position

18 of Director of the Defense Intelligence Agency, the Sec19 retary of Defense shall consult with the Director of

20 Central Intelligence regarding the recommendation.

21 ‘‘(b) CONCURRENCE IN APPOINTMENT.—Before sub22 mitting a recommendation to the President regarding the

23 appointment of an individual to a position referred to in

24 paragraph (2), the Secretary of Defense shall seek the

25 concurrence of the Director of Central Intelligence in the
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1 recommendation. If the Director does not concur in the

2 recommendation, the Secretary may make the rec3 ommendation to the President without the Director’s con4 currence, but shall include in the recommendation a state5 ment that the Director does not concur in the rec6 ommendation.

7 ‘‘(2) Paragraph (1) applies to the following positions:

8 ‘‘(A) The Director of the National Security

9 Agency.

10 ‘‘(B) The Director of the National Reconnais11 sance Office.

12 ‘‘(c) PERFORMANCE EVALUATIONS.—(1) The Direc13 tor of Central Intelligence shall provide annually to the

14 Secretary of Defense, for the Secretary’s consideration, an

15 evaluation of the performance of the individuals holding

16 the positions referred to in paragraph (2) in fulfilling their

17 respective responsibilities with regard to the National For18 eign Intelligence Program.

19 ‘‘(2) The positions referred to in paragraph (1) are

20 the following:

21 ‘‘(A) The Director of the National Security

22 Agency.

23 ‘‘(B) The Director of the National Reconnais24 sance Office.
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1 ‘‘(C) The Director of the National Imagery and

2 Mapping Agency.’’.

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

4 at the beginning of subchapter II of chapter 8 of such

5 title is amended by striking out the item relating to section

6 201 and inserting in lieu thereof the following new item:

‘‘201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance.’’.

7 SEC. 907. MATTERS TO BE CONSIDERED IN NEXT ASSESS8 MENT OF CURRENT MISSIONS, RESPONSIBIL9 ITIES, AND FORCE STRUCTURE OF THE UNI10 FIED COMBATANT COMMANDS.

11 The Chairman of the Joint Chiefs of Staff shall con12 sider, as part of the next periodic review of the missions,

13 responsibilities, and force structure of the unified combat14 ant commands under section 161(b) of title 10, United

15 States Code, the following matters:

16 (1) For each Area of Responsibility of the re17 gional unified combatant commands—

18 (A) the foremost threats to United States

19 or allied security in the near- and long-term;

20 (B) the total area of ocean and total area

21 of land encompassed; and

22 (C) the number of countries and total pop23 ulation encompassed.
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1 (2) Whether any one Area of Responsibility en2 compasses a disproportionately high or low share of

3 threats, mission requirements, land or ocean area,

4 number of countries, or population.

5 (3) The other factors used to establish the cur6 rent Areas of Responsibility.

7 (4) Whether any of the factors addressed under

8 paragraph (3) account for any apparent imbalances

9 indicated in the response to paragraph (2).

10 (5) Whether, in light of recent reductions in the

11 overall force structure of the Armed Forces, the

12 United States could better execute its warfighting

13 plans with fewer unified combatant commands, in14 cluding—

15 (A) a total of five or fewer commands, all

16 of which are regional;

17 (B) an eastward-oriented command, a

18 westward-oriented command, and a central

19 command; or

20 (C) a purely functional command struc21 ture, involving (for example) a first theater

22 command, a second theater command, a logis23 tics command, a special contingencies com24 mand, and a strategic command.
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1 (6) Whether any missions, staff, facilities,

2 equipment, training programs, or other assets or ac3 tivities of the unified combatant commands are re4 dundant.

5 (7) Whether warfighting requirements are ade6 quate to justify the current functional commands.

7 (8) Whether the exclusion of Russia from a spe8 cific Area of Responsibility presents any difficulties

9 for the unified combatant commands with respect to

10 contingency planning for that area and its periphery.

11 (9) Whether the current geographic boundary

12 between the Central Command and the European

13 Command through the Middle East could create

14 command conflicts in the context of fighting a major

15 regional conflict in the Middle East.

16 SEC. 908. ACTIONS TO LIMIT ADVERSE EFFECTS OF ESTAB17 LISHMENT OF NATIONAL MISSILE DEFENSE

18 JOINT PROGRAM OFFICE ON PRIVATE SEC19 TOR EMPLOYMENT.

20 The Director of the Ballistic Missile Defense Organi21 zation shall take such actions as are necessary in connec22 tion with the establishment of the National Missile De23 fense Joint Program Office to ensure that the establish24 ment of that office does not make it necessary for a Fed25 eral Government contractor to reduce the number of per-
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1 sons employed by the contractor for supporting the na2 tional missile defense development program at any par3 ticular location outside the National Capital Region (as

4 defined in section 2674(f)(2) of title 10, United States

5 Code).

6 Subtitle B—National Imagery and

7 Mapping Agency

8 SEC. 911. SHORT TITLE.

9 This subtitle may be cited as the ‘‘National Imagery

10 and Mapping Agency Act of 1996’’.

11 SEC. 912. FINDINGS.

12 Congress makes the following findings:

13 (1) There is a need within the Department of

14 Defense and the Intelligence Community of the

15 United States to provide a single agency focus for

16 the growing number and diverse types of customers

17 for imagery and geospatial information resources

18 within the Government, to ensure visibility and ac19 countability for those resources, and to harness, le20 verage, and focus rapid technological developments

21 to serve the imagery, imagery intelligence, and

22 geospatial information customers.

23 (2) There is a need for a single Government

24 agency to solicit and advocate the needs of that

25 growing and diverse pool of customers.
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1 (3) A single combat support agency dedicated

2 to imagery, imagery intelligence, and geospatial in3 formation could act as a focal point for support of

4 all imagery intelligence and geospatial information

5 customers, including customers in the Department

6 of Defense, the Intelligence Community, and related

7 agencies outside of the Department of Defense.

8 (4) Such an agency would best serve the needs

9 of the imagery, imagery intelligence, and geospatial

10 information customers if it were organized—

11 (A) to carry out its mission responsibilities

12 under the authority, direction, and control of

13 the Secretary of Defense, with the advice of the

14 Chairman of the Joint Chiefs of Staff; and

15 (B) to carry out its responsibilities to na16 tional intelligence customers in accordance with

17 policies and priorities established by the Direc18 tor of Central Intelligence.

19 PART I—ESTABLISHMENT

20 SEC. 921. ESTABLISHMENT, MISSIONS, AND AUTHORITY.

21 (a) ESTABLISHMENT IN TITLE 10, UNITED STATES

22 CODE.—Part I of subtitle A of title 10, United States

23 Code, is amended—

24 (1) by redesignating chapter 22 as chapter 23;

25 and
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1 (2) by inserting after chapter 21 the following

2 new chapter 22:

3 ‘‘CHAPTER 22—NATIONAL IMAGERY AND

4 MAPPING AGENCY

‘‘Subchapter Sec.

‘‘I. Establishment, Missions, and Authority ............................................. 441

‘‘II. Maps, Charts, and Geodetic Products ............................................... 451

‘‘III. Personnel Management .................................................................... 461

‘‘IV. Definitions ........................................................................................ 471

5 ‘‘SUBCHAPTER I—ESTABLISHMENT, MISSIONS,

6 AND AUTHORITY

‘‘Sec.

‘‘441. Establishment.

‘‘442. Missions.

‘‘443. Imagery intelligence and geospatial information support for foreign countries

‘‘444. Support from Central Intelligence Agency.

‘‘445. Protection of agency identifications and organizational information.

7 ‘‘§ 441. Establishment

8 ‘‘(a) ESTABLISHMENT.—The National Imagery and

9 Mapping Agency is a combat support agency of the De10 partment of Defense and has significant national missions.

11 ‘‘(b) DIRECTOR.—(1) The Director of the National

12 Imagery and Mapping Agency is the head of the agency.

13 The President shall appoint the Director.

14 ‘‘(2)(A) Upon a vacancy in the position of Director,

15 the Secretary of Defense shall recommend to the President

16 an individual for appointment to the position.

17 ‘‘(B) The Secretary shall seek the concurrence of the

18 Director of Central Intelligence in recommending an indi19 vidual for appointment under subparagraph (A). If the Di-
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1 rector does not concur in the recommendation, the Sec2 retary may make the recommendation to the President

3 without the Director’s concurrence, but shall include in

4 the recommendation a statement that the Director does

5 not concur in the recommendation.

6 ‘‘(3) If an officer of the armed forces is appointed

7 to the position of Director under this subsection, the posi8 tion is a position of importance and responsibility for pur9 poses of section 601 of this title and carries the grade

10 of lieutenant general, or, in the case of an officer of the

11 Navy, vice admiral.

12 ‘‘(c) COLLECTION TASKING AUTHORITY.—The Di13 rector of Central Intelligence shall have authority to ap14 prove collection requirements, determine collection prior15 ities, and resolve conflicts in collection priorities levied on

16 national imagery collection assets, except as otherwise

17 agreed by the Director and the Secretary of Defense pur18 suant to the direction of the President.

19 ‘‘§ 442. Missions

20 ‘‘(a) DEPARTMENT OF DEFENSE MISSIONS.—The

21 National Imagery and Mapping Agency shall—

22 ‘‘(1) provide timely, relevant, and accurate im23 agery, imagery intelligence, and geospatial informa24 tion in support of the national security objectives of

25 the United States;
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1 ‘‘(2) improve means of navigating vessels of the

2 Navy and the merchant marine by providing, under

3 the authority of the Secretary of Defense, accurate

4 and inexpensive nautical charts, sailing directions,

5 books on navigation, and manuals of instructions for

6 the use of all vessels of the United States and of

7 navigators generally; and

8 ‘‘(3) prepare and distribute maps, charts,

9 books, and geodetic products as authorized under

10 subchapter II of this chapter.

11 ‘‘(b) NATIONAL MISSION.—The National Imagery

12 and Mapping Agency shall also have national missions as

13 specified in section 120(a) of the National Security Act

14 of 1947.

15 ‘‘(c) LIFE CYCLE SUPPORT.—The National Imagery

16 and Mapping Agency may, in furtherance of a mission of

17 the agency, design, develop, deploy, operate, and maintain

18 systems related to the processing and dissemination of im19 agery intelligence and geospatial information that may be

20 transferred to, accepted or used by, or used on behalf of—

21 ‘‘(1) the armed forces, including any combatant

22 command, component of a combatant command,

23 joint task force, or tactical unit; or

24 ‘‘(2) to any other department or agency of the

25 United States.
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1 ‘‘§ 443. Imagery intelligence and geospatial informa2 tion support for foreign countries

3 ‘‘(a) APPROPRIATED FUNDS.—The Director of the

4 National Imagery and Mapping Agency may use appro5 priated funds available to the National Imagery and Map6 ping Agency to provide foreign countries with imagery in7 telligence and geospatial information support.

8 ‘‘(b) FUNDS OTHER THAN APPROPRIATED FUNDS.—

9 (1) Subject to paragraphs (2), (3), and (4), the Director

10 is also authorized to use funds other than appropriated

11 funds to provide foreign countries with imagery intel12 ligence and geospatial information support.

13 ‘‘(2) Funds other than appropriated funds may not

14 be expended, in whole or in part, by or for the benefit

15 of the National Imagery and Mapping Agency for a pur16 pose for which Congress had previously denied funds.

17 ‘‘(3) Proceeds from the sale of imagery intelligence

18 or geospatial information items may be used only to pur19 chase replacement items similar to the items that are sold.

20 ‘‘(4) Funds other than appropriated funds may not

21 be expended to acquire items or services for the principal

22 benefit of the United States.

23 ‘‘(5) The authority to use funds other than appro24 priated funds under this section may be exercised notwith25 standing provisions of law relating to the expenditure of

26 funds of the United States.
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1 ‘‘(c) ACCOMMODATION PROCUREMENTS.—The au2 thority under this section may be exercised to conduct ac3 commodation procurements on behalf of foreign countries.

4 ‘‘(d) COORDINATION WITH DIRECTOR OF CENTRAL

5 INTELLIGENCE.—The Director shall coordinate with the

6 Director of Central Intelligence any action under this sec7 tion that involves imagery intelligence or intelligence prod8 ucts or involves providing support to an intelligence or se9 curity service of a foreign country.

10 ‘‘§ 444. Support from Central Intelligence Agency

11 ‘‘(a) SUPPORT AUTHORIZED.—The Director of

12 Central Intelligence may provide support in accordance

13 with this section to the Director of the National Imagery

14 and Mapping Agency. The Director of the National Im15 agery and Mapping Agency may accept support provided

16 under this section.

17 ‘‘(b) ADMINISTRATIVE AND CONTRACT SERVICES.—

18 (1) In furtherance of the national intelligence effort, the

19 Director of Central Intelligence may provide administra20 tive and contract services to the National Imagery and

21 Mapping Agency as if that agency were an organizational

22 element of the Central Intelligence Agency.

23 ‘‘(2) Services provided under paragraph (1) may in24 clude the services of security police. For purposes of sec25 tion 15 of the Central Intelligence Agency Act of 1949
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1 (50 U.S.C. 403o), an installation of the National Imagery

2 and Mapping Agency provided security police services

3 under this section shall be considered an installation of

4 the Central Intelligence Agency.

5 ‘‘(3) Support provided under this subsection shall be

6 provided under terms and conditions agreed upon by the

7 Secretary of Defense and the Director of Central Intel8 ligence.

9 ‘‘(c) DETAIL OF PERSONNEL.—The Director of

10 Central Intelligence may detail Central Intelligence Agen11 cy personnel indefinitely to the National Imagery and

12 Mapping Agency without regard to any limitation on the

13 duration of interagency details of Federal Government

14 personnel.

15 ‘‘(d) REIMBURSABLE OR NONREIMBURSABLE SUP16 PORT.—Support under this section may be provided and

17 accepted on either a reimbursable basis or a nonreimburs18 able basis.

19 ‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1) The

20 Director of the National Imagery and Mapping Agency

21 may transfer funds available for the agency to the Direc22 tor of Central Intelligence for the Central Intelligence

23 Agency.

24 ‘‘(2) The Director of Central Intelligence—
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1 ‘‘(A) may accept funds transferred under para2 graph (1); and

3 ‘‘(B) shall expend such funds, in accordance

4 with the Central Intelligence Agency Act of 1949

5 (50 U.S.C. 403a et seq.), to provide administrative

6 and contract services or detail personnel to the Na7 tional Imagery and Mapping Agency under this sec8 tion.

9 ‘‘§ 445. Protection of agency identifications and orga10 nizational information

11 ‘‘(a) UNAUTHORIZED USE OF AGENCY NAME, INI12 TIALS, OR SEAL.—(1) Except with the written permission

13 of the Secretary of Defense, no person may knowingly use,

14 in connection with any merchandise, retail product, imper15 sonation, solicitation, or commercial activity in a manner

16 reasonably calculated to convey the impression that such

17 use is approved, endorsed, or authorized by the Secretary

18 of Defense, any of the following:

19 ‘‘(A) The words ‘National Imagery and Map20 ping Agency’, the initials ‘NIMA’, or the seal of the

21 National Imagery and Mapping Agency.

22 ‘‘(B) The words ‘Defense Mapping Agency’, the

23 initials ‘DMA’, or the seal of the Defense Mapping

24 Agency.
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1 ‘‘(C) Any colorable imitation of such words, ini2 tials, or seals.

3 ‘‘(2) Whenever it appears to the Attorney General

4 that any person is engaged or about to engage in an act

5 or practice which constitutes or will constitute conduct

6 prohibited by paragraph (1), the Attorney General may

7 initiate a civil proceeding in a district court of the United

8 States to enjoin such act or practice. Such court shall pro9 ceed as soon as practicable to a hearing and determination

10 of such action and may, at any time before such final de11 termination, enter such restraining orders or prohibitions,

12 or take such other action as is warranted, to prevent in13 jury to the United States or to any person or class of per14 sons for whose protection the action is brought.

15 ‘‘(b) PROTECTION OF ORGANIZATIONAL INFORMA16 TION.—Notwithstanding any other provision of law, the

17 Director of the National Imagery and Mapping Agency is

18 not required to disclose the organization of the agency,

19 any function of the agency, any information with respect

20 to the activities of the agency, or the names, titles, sala21 ries, or number of the persons employed by the agency.

22 This subsection does not apply to disclosures of informa23 tion to Congress.
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1 ‘‘SUBCHAPTER II—MAPS, CHARTS, AND

2 GEODETIC PRODUCTS

‘‘Sec.

‘‘451. Maps, charts, and books.

‘‘452. Pilot charts.

‘‘453. Prices of maps, charts, and navigational publications.

‘‘454. Exchange of mapping, charting, and geodetic data with foreign countries

and international organizations

‘‘455. Maps, charts, and geodetic data: public availability; exceptions.

‘‘456. Civil actions barred.

3 ‘‘SUBCHAPTER III—PERSONNEL MANAGEMENT

‘‘Sec.

‘‘461. Civilian personnel management generally.

‘‘462. National Imagery and Mapping Senior Executive Service.

‘‘463. Management rights.

4 ‘‘§ 461. Civilian personnel management generally

5 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec6 retary of Defense may, without regard to the provisions

7 of any other law relating to the appointment, number,

8 classification, or compensation of Federal employees—

9 ‘‘(1) establish such excepted service positions

10 for employees in the National Imagery and Mapping

11 Agency as the Secretary considers necessary to carry

12 out the functions of those agencies, including posi13 tions designated under subsection (f) as National

14 Imagery and Mapping Senior Level positions;

15 ‘‘(2) appoint individuals to those positions; and

16 ‘‘(3) fix the compensation for service in those

17 positions.

18 ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY AND

19 OTHER ALLOWANCES AND BENEFITS.—(1) The Secretary
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1 of Defense shall, subject to subsection (c), fix the rates

2 of basic pay for positions established under subsection (a)

3 in relation to the rates of basic pay provided in subpart

4 D of part III of title 5 for positions subject to that title

5 which have corresponding levels of duties and responsibil6 ities. Except as otherwise provided by law, an employee

7 of the National Imagery and Mapping Agency may not

8 be paid basic pay at a rate in excess of the maximum rate

9 payable under section 5376 of title 5.

10 ‘‘(2) The Secretary of Defense may provide employees

11 in positions of the National Imagery and Mapping Agency

12 compensation (in addition to basic pay under paragraph

13 (1)) and benefits, incentives, and allowances consistent

14 with, and not in excess of the levels authorized for, com15 parable positions authorized by title 5.

16 ‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary

17 of Defense may, consistent with section 5341 of title 5,

18 adopt such provisions of that title as provide for prevailing

19 rate systems of basic pay and may apply those provisions

20 to positions in or under which the National Imagery and

21 Mapping Agency may employ individuals described in sec22 tion 5342(a)(2)(A) of such title.

23 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND

24 ENVIRONMENT FOR EMPLOYEES STATIONED OUTSIDE

25 CONTINENTAL UNITED STATES OR IN ALASKA.—(1) In
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1 addition to the basic compensation payable under sub2 section (b), employees of the National Imagery and Map3 ping Agency described in paragraph (3) may be paid an

4 allowance, in accordance with regulations prescribed by

5 the Secretary of Defense, at a rate not in excess of the

6 allowance authorized to be paid under section 5941(a) of

7 title 5 for employees whose rates of basic pay are fixed

8 by statute.

9 ‘‘(2) Such allowance shall be based on—

10 ‘‘(A) living costs substantially higher than in

11 the District of Columbia;

12 ‘‘(B) conditions of environment which—

13 ‘‘(i) differ substantially from conditions of

14 environment in the continental United States;

15 and

16 ‘‘(ii) warrant an allowance as a recruit17 ment incentive; or

18 ‘‘(C) both of those factors.

19 ‘‘(3) This subsection applies to employees who—

20 ‘‘(A) are citizens or nationals of the United

21 States; and

22 ‘‘(B) are stationed outside the continental Unit23 ed States or in Alaska.

24 ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Notwith25 standing any other provision of law, the Secretary of De-
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1 fense may terminate the employment of any employee of

2 the National Imagery and Mapping Agency if the Sec3 retary—

4 ‘‘(A) considers such action to be in the interests

5 of the United States; and

6 ‘‘(B) determines that the procedures prescribed

7 in other provisions of law that authorize the termi8 nation of the employment of such employee cannot

9 be invoked in a manner consistent with the national

10 security.

11 ‘‘(2) A decision by the Secretary of Defense to termi12 nate the employment of an employee under this subsection

13 is final and may not be appealed or reviewed outside the

14 Department of Defense.

15 ‘‘(3) The Secretary of Defense shall promptly notify

16 the Committee on National Security and the Permanent

17 Select Committee on Intelligence of the House of Rep18 resentatives and the Committee on Armed Services and

19 the Select Committee on Intelligence of the Senate when20 ever the Secretary terminates the employment of any em21 ployee under the authority of this subsection.

22 ‘‘(4) Any termination of employment under this sub23 section shall not affect the right of the employee involved

24 to seek or accept employment with any other department

25 or agency of the United States if that employee is declared
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1 eligible for such employment by the Director of the Office

2 of Personnel Management.

3 ‘‘(5) The authority of the Secretary of Defense under

4 this subsection may be delegated only to the Deputy Sec5 retary of Defense and the Director of the National Im6 agery and Mapping Agency. An action to terminate em7 ployment of an employee by any such officer may be ap8 pealed to the Secretary of Defense.

9 ‘‘(f) NATIONAL IMAGERY AND MAPPING SENIOR

10 LEVEL POSITIONS.—(1) In carrying out subsection (a)(1),

11 the Secretary may designate positions described in para12 graph (3) as National Imagery and Mapping Senior Level

13 positions.

14 ‘‘(2) Positions designated under this subsection shall

15 be treated as equivalent for purposes of compensation to

16 the senior level positions to which section 5376 of title

17 5 is applicable.

18 ‘‘(3) Positions that may be designated as National

19 Imagery and Mapping Senior Level positions are positions

20 in the National Imagery and Mapping Agency that (A)

21 are classified above the GS–15 level, (B) emphasize func22 tion expertise and advisory activity, but (C) do not have

23 the organizational or program management functions nec24 essary for inclusion in the National Imagery and Mapping

25 Senior Executive Service.
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1 ‘‘(4) Positions referred to in paragraph (3) include

2 National Imagery and Mapping Senior Technical positions

3 and National Imagery and Mapping Senior Professional

4 positions. For purposes of this subsection National Im5 agery and Mapping Senior Technical positions are posi6 tions covered by paragraph (3) if—

7 ‘‘(A) the positions involve—

8 ‘‘(i) research and development;

9 ‘‘(ii) test and evaluation;

10 ‘‘(iii) substantive analysis, liaison, or advi11 sory activity focusing on engineering, physical

12 sciences, computer science, mathematics, biol13 ogy, chemistry, medicine, or other closely relat14 ed scientific and technical fields; or

15 ‘‘(iv) intelligence disciplines including pro16 duction, collection, and operations in close asso17 ciation with any of the activities described in

18 clauses (i), (ii), and (iii) or related activities; or

19 ‘‘(B) the positions emphasize staff, liaison, ana20 lytical, advisory, or other activity focusing on intel21 ligence, law, finance and accounting, program and

22 budget, human resources management, training, in23 formation services, logistics, security, and other ap24 propriate fields.
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1 ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OFFI2 CERS.—In this section, the term ‘employee’, with respect

3 to the National Imagery and Mapping Agency, includes

4 any civilian officer of that agency.

5 ‘‘§ 462. National Imagery and Mapping Senior Execu6 tive Service

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

8 may establish a National Imagery and Mapping Senior

9 Executive Service for senior civilian personnel within the

10 National Imagery and Mapping Agency.

11 ‘‘(b) REQUIREMENTS FOR THE SERVICE.—In estab12 lishing a National Imagery and Mapping Senior Executive

13 Service the Secretary shall—

14 ‘‘(1) meet the requirements set forth for the

15 Senior Executive Service in section 3131 of title 5;

16 ‘‘(2) ensure that the National Imagery and

17 Mapping Senior Executive Service positions satisfy

18 requirements that are consistent with the provisions

19 of section 3132(a)(2) of title 5;

20 ‘‘(3) prescribe rates of pay for the National Im21 agery and Mapping Senior Executive Service that

22 are not in excess of the maximum rate of basic pay,

23 nor less than the minimum rate of basic pay, estab24 lished for the Senior Executive Service under section

25 5382 of title 5;
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1 ‘‘(4) provide for adjusting the rates of pay at

2 the same time and to the same extent as rates of

3 basic pay for the Senior Executive Service are ad4 justed;

5 ‘‘(5) provide a performance appraisal system for

6 the National Imagery and Mapping Senior Executive

7 Service that conforms to the provisions of sub8 chapter II of chapter 43 of title 5;

9 ‘‘(6) provide for removal consistent with section

10 3592 of title 5, and removal or suspension consistent

11 with subsections (a), (b), and (c) of section 7543 of

12 title 5 (except that any hearing or appeal to which

13 a member of the National Imagery and Mapping

14 Senior Executive Service is entitled shall be held or

15 decided pursuant to procedures established by the

16 Secretary of Defense);

17 ‘‘(7) permit the payment of performance awards

18 to members of the National Imagery and Mapping

19 Senior Executive Service consistent with the provi20 sions applicable to performance awards under sec21 tion 5384 of title 5;

22 ‘‘(8) provide that members of the National Im23 agery and Mapping Senior Executive Service may be

24 granted sabbatical leaves consistent with the provi25 sions of section 3396(c) of title 5; and
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1 ‘‘(9) provide for the recertification of members

2 of the National Imagery and Mapping Senior Execu3 tive Service consistent with the provisions of section

4 3393a of title 5.

5 ‘‘(c) AUTHORITY.—Except as otherwise provided in

6 subsection (b), the Secretary of Defense may—

7 ‘‘(1) make applicable to the National Imagery

8 and Mapping Senior Executive Service any of the

9 provisions of title 5 that are applicable to applicants

10 for or members of the Senior Executive Service; and

11 ‘‘(2) appoint, promote, and assign individuals to

12 positions established within the National Imagery

13 and Mapping Senior Executive Service without re14 gard to the provisions of title 5 governing appoint15 ments and other personnel actions in the competitive

16 service.

17 ‘‘(d) AWARD OF RANK.—The President, based on the

18 recommendations of the Secretary of Defense, may award

19 ranks to individuals who occupy positions in the National

20 Imagery and Mapping Senior Executive Service in a man21 ner consistent with the provisions of section 4507 of title

22 5.

23 ‘‘(e) DETAILS AND ASSIGNMENTS.—Notwithstanding

24 any other provisions of this section, the Secretary of De25 fense may detail or assign any member of the National
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1 Imagery and Mapping Senior Executive Service to serve

2 in a position outside the National Imagery and Mapping

3 Agency in which the member’s expertise and experience

4 may be of benefit to the National Imagery and Mapping

5 Agency or another Government agency. Any such member

6 shall not by reason of such detail or assignment lose any

7 entitlement or status associated with membership in the

8 National Imagery and Mapping Senior Executive Service.

9 ‘‘§ 463. Management rights

10 ‘‘(a) SCOPE.—If there is no obligation under the pro11 visions of chapter 71 of title 5 for the head of an agency

12 of the United States to consult or negotiate with a labor

13 organization on a particular matter by reason of that mat14 ter being covered by a provision of law or a Government15 wide regulation, the Director of the National Imagery and

16 Mapping Agency is not obligated to consult or negotiate

17 with a labor organization on that matter even if that provi18 sion of law or regulation is inapplicable to the National

19 Imagery and Mapping Agency.

20 ‘‘(b) BARGAINING UNITS.—The National Imagery

21 and Mapping Agency shall accord exclusive recognition to

22 a labor organization under section 7111 of title 5 only for

23 a bargaining unit that was recognized as appropriate for

24 the Defense Mapping Agency on the day before the date

25 on which employees and positions of the Defense Mapping
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1 Agency in that bargaining unit became employees and po2 sitions of the National Imagery and Mapping Agency

3 under the National Imagery and Mapping Agency Act of

4 1996 (subtitle B of title IX of the National Defense Au5 thorization Act for Fiscal Year 1997).

6 ‘‘(c) TERMINATION OF BARGAINING UNIT COVERAGE

7 OF POSITION MODIFIED TO AFFECT NATIONAL SECU8 RITY DIRECTLY.—(1) If the Director of the National Im9 agery and Mapping Agency determines that the respon10 sibilities of a position within a collective bargaining unit

11 should be modified to include intelligence, counterintel12 ligence, investigative, or security duties not previously as13 signed to that position and that the performance of the

14 newly assigned duties directly affects the national security

15 of the United States, then, upon such a modification of

16 the responsibilities of that position, the position shall cease

17 to be covered by the collective bargaining unit and the em18 ployee in that position shall cease to be entitled to rep19 resentation by a labor organization accorded exclusive rec20 ognition for that collective bargaining unit.

21 ‘‘(2) A determination described in paragraph (1) that

22 is made by the Director of the National Imagery and Map23 ping Agency may not be reviewed by the Federal Labor

24 Relations Authority or any court of the United States.
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1 ‘‘SUBCHAPTER IV—DEFINITIONS

‘‘Sec.

‘‘471. Definitions.

2 ‘‘§ 471. Definitions

3 ‘‘In this chapter:

4 ‘‘(1) The term ‘function’ means any duty, obli5 gation, responsibility, privilege, activity, or program.

6 ‘‘(2)(A) The term ‘imagery’ means, except as

7 provided in subparagraph (B), a likeness or presen8 tation of any natural or manmade feature or related

9 object or activity and the positional data acquired at

10 the same time the likeness or representation was ac11 quired, including—

12 ‘‘(i) products produced by space-based na13 tional intelligence reconnaissance systems; and

14 ‘‘(ii) likenesses or presentations produced

15 by satellites, airborne platforms, unmanned aer16 ial vehicles, or other similar means.

17 ‘‘(B) The term does not include handheld or

18 clandestine photography taken by or on behalf of

19 human intelligence collection organizations.

20 ‘‘(3) The term ‘imagery intelligence’ means the

21 technical, geographic, and intelligence information

22 derived through the interpretation or analysis of im23 agery and collateral materials.
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1 ‘‘(4) The term ‘geospatial information’ means

2 information that identifies the geographic location

3 and characteristics of natural or constructed fea4 tures and boundaries on the earth and includes—

5 ‘‘(A) statistical data and information de6 rived from, among other things, remote sensing,

7 mapping, and surveying technologies;

8 ‘‘(B) mapping, charting, and geodetic data;

9 and

10 ‘‘(C) geodetic products, as defined in sec11 tion 455(c) of this title.’’.

12 (b) TRANSFER OF CHAPTER 167 PROVISIONS.—Sec13 tions 2792, 2793, 2794, 2795, 2796, and 2798 of title

14 10, United States Code, are transferred to subchapter II

15 of chapter 22 of such title, as added by subsection (a),

16 are inserted in that sequence in such subchapter following

17 the table of sections, and are redesignated in accordance

18 with the following table:

Section Section as

transferred redesignated

2792 .................................................................................................. 451

2793 .................................................................................................. 452

2794 .................................................................................................. 453

2795 .................................................................................................. 454

2796 .................................................................................................. 455

2798 .................................................................................................. 456.

19 (c) OVERSIGHT OF AGENCY AS A COMBAT SUPPORT

20 AGENCY.—Section 193 of title 10, United States Code,

21 is amended—
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1 (1) in subsection (d)—

2 (A) by striking out the caption and insert3 ing in lieu thereof ‘‘REVIEW OF NATIONAL SE4 CURITY AGENCY AND NATIONAL IMAGERY AND

5 MAPPING AGENCY.—’’;

6 (B) in paragraph (1)—

7 (i) by inserting ‘‘and the National Im8 agery and Mapping Agency’’ after ‘‘the

9 National Security Agency’’; and

10 (ii) by striking out ‘‘the Agency’’ and

11 inserting in lieu thereof ‘‘that the agen12 cies’’; and

13 (C) in paragraph (2), by inserting ‘‘and

14 the National Imagery and Mapping Agency’’

15 after ‘‘the National Security Agency’’;

16 (2) in subsection (e)—

17 (A) by striking out ‘‘DIA AND NSA’’ in

18 the caption and inserting in lieu thereof the fol19 lowing: ‘‘DIA, NSA, AND NIMA.—’’; and

20 (B) by striking out ‘‘and the National Se21 curity Agency’’ and inserting in lieu thereof ‘‘,

22 the National Security Agency, and the National

23 Imagery and Mapping Agency’’; and

24 (3) in subsection (f), by striking out paragraph

25 (4) and inserting in lieu thereof the following:
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1 ‘‘(4) The National Imagery and Mapping Agen2 cy.’’.

3 (d) SPECIAL PRINTING AUTHORITY FOR AGENCY.—

4 (1) Section 207(a)(2)(B) of the Legislative Branch Appro5 priations Act, 1993 (Public Law 102–392; 44 U.S.C. 501

6 note) is amended by inserting ‘‘National Imagery and

7 Mapping Agency,’’ after ‘‘Defense Intelligence Agency,’’.

8 (2) Section 1336 of title 44, United States Code, is

9 amended—

10 (A) by striking out ‘‘Secretary of the Navy’’

11 and inserting in lieu thereof ‘‘Director of the Na12 tional Imagery and Mapping Agency’’; and

13 (B) by striking out ‘‘United States Naval

14 Oceanographic Office’’ and inserting in lieu thereof

15 ‘‘National Imagery and Mapping Agency’’.

16 SEC. 922. TRANSFERS.

17 (a) DEPARTMENT OF DEFENSE.—The missions and

18 functions of the following elements of the Department of

19 Defense are transferred to the National Imagery and Map20 ping Agency:

21 (A) The Defense Mapping Agency.

22 (B) The Central Imagery Office.

23 (C) Other elements of the Department of De24 fense as provided in the classified annex to this Act.
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1 (b) CENTRAL INTELLIGENCE AGENCY.—The mis2 sions and functions of the following elements of the

3 Central Intelligence Agency are transferred to the Na4 tional Imagery and Mapping Agency:

5 (A) The National Photographic Interpretation

6 Center.

7 (B) Other elements of the Central Intelligence

8 Agency as provided in the classified annex to this

9 Act.

10 (c) PERSONNEL AND ASSETS.—(1) Subject to para11 graphs (2) and (3), the personnel, assets, unobligated bal12 ances of appropriations and authorizations of appropria13 tions, and, to the extent jointly determined appropriate by

14 the Secretary of Defense and Director of Central Intel15 ligence, obligated balances of appropriations and author16 izations of appropriations employed, used, held, arising

17 from, or available in connection with the missions and

18 functions transferred under subsection (a) or (b) are

19 transferred to the National Imagery and Mapping Agency.

20 A transfer may not be made under the preceding sentence

21 for any program or function for which funds are not ap22 propriated to the National Imagery and Mapping Agency

23 for fiscal year 1997. Transfers of appropriations from the

24 Central Intelligence Agency under this paragraph shall be
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1 made in accordance with section 1531 of title 31, United

2 States Code.

3 (2) Not earlier than two years after the effective date

4 of this subtitle, the Secretary of Defense and the Director

5 of Central Intelligence shall determine which, if any, posi6 tions and personnel of the Central Intelligence Agency are

7 to be transferred to the National Imagery and Mapping

8 Agency. The positions to be transferred, and the employ9 ees serving in such positions, shall be transferred to the

10 National Imagery and Mapping Agency under terms and

11 conditions prescribed by the Secretary of Defense and the

12 Director of Central Intelligence.

13 (3) If the National Photographic Interpretation Cen14 ter of the Central Intelligence Agency or any imagery-re15 lated activity of the Central Intelligence Agency author16 ized to be performed by the National Imagery and Map17 ping Agency is not completely transferred to the National

18 Imagery and Mapping Agency, the Secretary of Defense

19 and the Director of Central Intelligence shall—

20 (A) jointly determine which, if any, contracts,

21 leases, property, and records employed, used, held,

22 arising from, available to, or otherwise relating to

23 such Center or activity is to be transferred to the

24 National Imagery and Intelligence Agency; and
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1 (B) provide by written agreement for the trans2 fer of such items.

3 SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE

4 NATIONAL SECURITY ACT OF 1947.

5 (a) AGENCY FUNCTIONS.—Section 105(b) of the Na6 tional Security Act of 1947 (50 U.S.C. 403–5(b)) is

7 amended by striking out paragraph (2) and inserting in

8 lieu thereof the following:

9 ‘‘(2) through the National Imagery and Map10 ping Agency (except as otherwise directed by the

11 President or the National Security Council), with

12 appropriate representation from the intelligence

13 community, the continued operation of an effective

14 unified organization within the Department of De15 fense—

16 ‘‘(A) for carrying out tasking of imagery

17 collection;

18 ‘‘(B) for the coordination of imagery proc19 essing and exploitation activities;

20 ‘‘(C) for ensuring the dissemination of im21 agery in a timely manner to authorized recipi22 ents; and

23 ‘‘(D) notwithstanding any other provision

24 of law, for—
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1 ‘‘(i) prescribing technical architecture

2 and standards related to imagery intel3 ligence and geospatial information and en4 suring compliance with such architecture

5 and standards; and

6 ‘‘(ii) developing and fielding systems

7 of common concern related o imagery intel8 ligence and geospatial information;’’.

9 (b) NATIONAL MISSION.—Title I of such Act (50

10 U.S.C. 402 et seq.) is amended by adding at the end the

11 following:

12 ‘‘NATIONAL MISSION OF NATIONAL IMAGERY AND

13 MAPPING AGENCY

14 ‘‘SEC. 120. (a) IN GENERAL.—In addition to the De15 partment of Defense missions set forth in section 442 of

16 title 10, United States Code, the National Imagery and

17 Mapping Agency shall also support the imagery require18 ments of the Department of State and other departments

19 and agencies of the United States outside the Department

20 of Defense.

21 ‘‘(b) REQUIREMENTS AND PRIORITIES.—The Direc22 tor of Central Intelligence shall establish requirements and

23 priorities governing the collection of national intelligence

24 by the National Imagery and Mapping Agency under sub25 section (a).
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1 ‘‘(c) CORRECTION OF DEFICIENCIES.—The Director

2 of Central Intelligence shall develop and implement such

3 programs and policies as the Director and the Secretary

4 jointly determine necessary to review and correct defi5 ciencies identified in the capabilities of the National Im6 agery and Mapping Agency to accomplish assigned na7 tional missions. The Director shall consult with the Sec8 retary of Defense on the development and implementation

9 of such programs and policies. The Secretary shall obtain

10 the advice of the Chairman of the Joint Chiefs of Staff

11 regarding the matters on which the Director and the Sec12 retary are to consult under the preceding sentence.’’.

13 (c) TASKING OF IMAGERY ASSETS.—Title I of such

14 Act is further amended by adding at the end the following:

15 ‘‘COLLECTION TASKING AUTHORITY

16 ‘‘SEC. 121. The Director of Central Intelligence shall

17 have authority to approve collection requirements, deter18 mine collection priorities, and resolve conflicts in collection

19 priorities levied on national imagery collection assets, ex20 cept as otherwise agreed by the Director and the Secretary

21 of Defense pursuant to the direction of the President.’’.

22 (d) CLERICAL AMENDMENT.—The table of contents

23 in the first section of such Act is amended by inserting

24 after section 109 the following new items:

‘‘Sec. 120. National mission of National Imagery and Mapping Agency.

‘‘Sec. 121. Collection tasking authority.’’.
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1 SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

2 (a) COMPARABLE TREATMENT WITH OTHER INTEL3 LIGENCE SENIOR EXECUTIVE SERVICES.—Title 5, United

4 States Code, is amended as follows:

5 (1) In section 2108(3), by inserting ‘‘the Na6 tional Imagery and Mapping Senior Executive Serv7 ice,’’ after ‘‘the Senior Cryptologic Executive Serv8 ice,’’ in the matter following subparagraph (F)(iii).

9 (2) In section 6304(f)(1), by—

10 (A) by striking out ‘‘or’’ at the end of sub11 paragraph (D);

12 (B) by striking out the period at the end

13 of in subparagraph (E) and inserting in lieu

14 thereof ‘‘; or’’; and

15 (C) by adding at the end the following:

16 ‘‘(F) the National Imagery and Mapping

17 Senior Executive Service.’’; and

18 (3) In sections 8336(h)(2) and 8414(a)(2), by

19 striking out ‘‘or the Senior Cryptologic Executive

20 Service’’ and inserting in lieu thereof ‘‘, the Senior

21 Cryptologic Executive Service, or the National Im22 agery and Mapping Senior Executive Service’’.

23 (b) CENTRAL IMAGERY OFFICE PERSONNEL MAN24 AGEMENT AUTHORITIES.—

25 (1) NONDUPLICATION OF COVERAGE BY DE26 FENSE INTELLIGENCE SENIOR EXECUTIVE SERV-
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1 ICE.—Section 1601 of title 10, United States Code,

2 is amended—

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

4 the Central Imagery Office’’;

5 (B) in subsection (d), by striking out ‘‘or

6 the Central Imagery Office in which the mem7 ber’s expertise and experience may be of benefit

8 to the Defense Intelligence Agency, the Central

9 Imagery Office,’’ in the first sentence and in10 serting in lieu thereof ‘‘in which the member’s

11 expertise and experience may be of benefit to

12 the Defense Intelligence Agency’’; and

13 (C) in subsection (e), by striking out ‘‘and

14 the Central Imagery Office’’ in the first sen15 tence.

16 (2) MERIT PAY.—Section 1602 of such title is

17 amended by striking out ‘‘and Central Imagery Of18 fice’’.

19 (3) MISCELLANEOUS AUTHORITIES.—Sub20 section 1604 of such title is amended—

21 (A) in subsection (a)(1)—

22 (i) by striking out ‘‘and the Central

23 Imagery Office’’; and

24 (ii) by striking out ‘‘and Office’’;

25 (B) in subsection (b)—
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1 (i) in paragraph (1), by striking out

2 ‘‘or the Central Imagery Office’’ in the sec3 ond sentence; and

4 (ii) in paragraph (2), by striking out

5 ‘‘and the Central Imagery Office’’;

6 (C) in subsection (c), by striking out ‘‘or

7 the Central Imagery Office’’;

8 (D) in subsection (d)(1), by striking out

9 ‘‘and the Central Imagery Office’’;

10 (E) in subsection (e)—

11 (i) in paragraph (1), by striking out

12 ‘‘or the Central Imagery Office’’; and

13 (ii) in paragraph (5) by striking out

14 ‘‘, the Director of the Defense Intelligence

15 Agency (with respect to employees of the

16 Defense Intelligence Agency), and the Di17 rector of the Central Imagery Office (with

18 respect to employees of the Central Im19 agery Office)’’ and inserting in lieu thereof

20 ‘‘and the Director of the Defense Intel21 ligence Agency (with respect to employees

22 of the Defense Intelligence Agency)’’;

23 (F) in subsection (f)(3), by striking out

24 ‘‘and Central Imagery Office’’; and

25 (G) in subsection (g)—
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1 (i) by striking out ‘‘or the Central Im2 agery Office’’; and

3 (ii) by striking out ‘‘or Office’’.

4 (c) APPLICABILITY OF FEDERAL LABOR-MANAGE5 MENT RELATIONS SYSTEM.—Section 7103(a)(3) of title

6 5, United States Code is amended—

7 (1) by inserting ‘‘or’’ at the end of subpara8 graph (F);

9 (2) by striking out ‘‘; or’’ at the end of sub10 paragraph (G) and inserting in lieu thereof a period;

11 and

12 (3) by striking out subparagraph (H).

13 (d) APPLICABILITY OF AUTHORITY AND PROCE14 DURES FOR IMPOSING CERTAIN ADVERSE ACTIONS.—

15 Section 7511(b)(8) of title 5, United States Code, is

16 amended by striking out ‘‘Central Imagery Office’’.

17 SEC. 925. CREDITABLE CIVILIAN SERVICE FOR CAREER

18 CONDITIONAL EMPLOYEES OF THE DEFENSE

19 MAPPING AGENCY.

20 In the case of an employee of the National Imagery

21 and Mapping Agency who, on the day before the effective

22 date of this subtitle, was an employee of the Defense Map23 ping Agency in a career-conditional status, the continuous

24 service of that employee as an employee of the National

25 Imagery and Mapping Agency on and after such date shall
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1 be considered creditable service for the purpose of any de2 termination of the career status of the employee.

3 SEC. 926. SAVING PROVISIONS.

4 (a) CONTINUING EFFECT ON LEGAL DOCUMENTS.—

5 All orders, determinations, rules, regulations, permits,

6 agreements, international agreements, grants, contracts,

7 leases, certificates, licenses, registrations, privileges, and

8 other administrative actions—

9 (1) which have been issued, made, granted, or

10 allowed to become effective by the President, any

11 Federal agency or official thereof, or by a court of

12 competent jurisdiction, in connection with any of the

13 functions which are transferred under this subtitle

14 or any function that the National Imagery and Map15 ping Agency is authorized to perform by law, and

16 (2) which are in effect at the time this title

17 takes effect, or were final before the effective date

18 of this subtitle and are to become effective on or

19 after the effective date of this subtitle,

20 shall continue in effect according to their terms until

21 modified, terminated, superseded, set aside, or revoked in

22 accordance with law by the President, the Secretary of De23 fense, the Director of the National Imagery and Mapping

24 Agency or other authorized official, a court of competent

25 jurisdiction, or by operation of law.
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1 (b) PROCEEDINGS NOT AFFECTED.—This subtitle

2 and the amendments made by this subtitle shall not affect

3 any proceedings, including notices of proposed rule4 making, or any application for any license, permit, certifi5 cate, or financial assistance pending before an element of

6 the Department of Defense or Central Intelligence Agency

7 at the time this subtitle takes effect, with respect to func8 tion of that element transferred by section 922, but such

9 proceedings and applications shall be continued. Orders

10 shall be issued in such proceedings, appeals shall be taken

11 therefrom, and payments shall be made pursuant to such

12 orders, as if this subtitle had not been enacted, and orders

13 issued in any such proceedings shall continue in effect

14 until modified, terminated, superseded, or revoked by a

15 duly authorized official, by a court of competent jurisdic16 tion, or by operation of law. Nothing in this section shall

17 be deemed to prohibit the discontinuance or modification

18 of any such proceeding under the same terms and condi19 tions and to the same extent that such proceeding could

20 have been discontinued or modified if this subtitle had not

21 been enacted.

22 (c) SEVERABILITY.—If any provision of this subtitle

23 (or any amendment made by this subtitle), or the applica24 tion of such provision (or amendment) to any person or

25 circumstance is held unconstitutional, the remainder of
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1 this subtitle (or of the amendments made by this subtitle)

2 shall not be affected by that holding.

3 SEC. 927. DEFINITIONS.

4 In this part, the terms ‘‘function’’, ‘‘imagery’’, ‘‘im5 agery intelligence’’, and ‘‘geospatial information’’ have the

6 meanings given those terms in section 461 of title 10,

7 United States Code, as added by section 921.

8 SEC. 928. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are authorized to be appropriated for the Na10 tional Imagery and Mapping Agency for fiscal year 1997

11 in amounts and for purposes, and subject to the terms,

12 conditions, limitations, restrictions, and requirements,

13 that are set forth in the Classified Annex to this Act.

14 PART II—CONFORMING AMENDMENTS AND

15 EFFECTIVE DATES

16 SEC. 931. REDESIGNATION AND REPEALS.

17 (a) REDESIGNATION.—Chapter 23 of title 10, United

18 States Code (as redesignated by section 921(a)(1)) is

19 amended by redesignating the section in that chapter as

20 section 481.

21 (b) REPEAL OF SUPERSEDED LAW.—Chapter 167 of

22 such title, as amended by section 921(b), is repealed.

23 SEC. 932. REFERENCES.

24 (a) TITLE 5, UNITED STATES CODE.—Title 5, Unit25 ed States Code, is amended as follows:
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1 (1) CENTRAL IMAGERY OFFICE.—In sections

2 2302(a)(2)(C)(ii), 3132(a)(1)(B), 4301(1) (in clause

3 (ii)), 4701(a)(1)(B), 5102(a)(1) (in clause (xi)),

4 5342(a)(1)(L), 6339(a)(1)(E), and

5 7323(b)(2)(B)(i)(XIII), by striking out ‘‘Central Im6 agery Office’’ and inserting in lieu thereof ‘‘National

7 Imagery and Mapping Agency’’.

8 (2) DIRECTOR, CENTRAL IMAGERY OFFICE.—In

9 section 6339(a)(2)(E), by striking out ‘‘Central Im10 agery Office, the Director of the Central Imagery

11 Office’’ and inserting in lieu thereof ‘‘National Im12 agery and Mapping Agency, the Director of the Na13 tional Imagery and Mapping Agency’’.

14 (b) TITLE 10, UNITED STATES CODE.—Title 10,

15 United States Code, is amended as follows:

16 (1) CENTRAL IMAGERY OFFICE.—In section

17 1599(f)(4), by striking out ‘‘Central Imagery Office’’

18 and inserting in lieu thereof ‘‘National Imagery and

19 Mapping Agency’’.

20 (2) DEFENSE MAPPING AGENCY.—In sections

21 451(1), 452, 453, 454, and 455 (in subsections (a)

22 and (b)(1)(C)), and 456, as redesignated by section

23 921(b), by striking out ‘‘Defense Mapping Agency’’

24 each place it appears and inserting in lieu thereof

25 ‘‘National Imagery and Mapping Agency’’.
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1 (c) OTHER LAWS.—

2 (1) NATIONAL SECURITY ACT OF 1947.—Section

3 3(4)(E) of the National Security Act of 1947 (50

4 U.S.C. 401a(4)(E) is amended by striking out

5 ‘‘Central Imagery Office’’ and inserting in lieu

6 thereof ‘‘National Imagery and Mapping Agency’’.

7 (2) ETHICS IN GOVERNMENT ACT OF 1978.—

8 Section 105(a) of the Ethics in Government Act of

9 1978 (Public Law 95–521; 5 U.S.C. App. 4) is

10 amended by striking out ‘‘Central Imagery Office’’

11 and inserting in lieu thereof ‘‘National Imagery and

12 Mapping Agency’’.

13 (3) EMPLOYEE POLYGRAPH PROTECTION

14 ACT.—Section 7(b)(2)(A)(i) of the Employee Poly15 graph Protection Act of 1988 (Public Law 100–347;

16 29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking

17 out ‘‘Central Imagery Office’’ and inserting in lieu

18 thereof ‘‘National Imagery and Mapping Agency’’.

19 (d) CROSS REFERENCE.—Section 82 of title 14,

20 United States Code, is amended by striking out ‘‘chapter

21 167’’ and inserting in lieu thereof ‘‘subchapter II of chap22 ter 22’’.

23 SEC. 933. HEADINGS AND CLERICAL AMENDMENTS.

24 (a) TITLE 10, UNITED STATES CODE.—
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1 (1) HEADING.—The heading of chapter 83 of

2 title 10, United States Code, is amended to read as

3 follows:

4 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

5 AGENCY CIVILIAN PERSONNEL’’.

6 (2) CLERICAL AMENDMENTS.—(A) The table of

7 chapters at the beginning of subtitle A of title 10,

8 United States Code, is amended—

9 (i) by striking out the item relating to

10 chapter 22 and inserting in lieu thereof the fol11 lowing:

‘‘22. National Imagery and Mapping Agency .......................... 441

‘‘23. Miscellaneous Studies and Reports ................................... 471’’;

12 (ii) by striking out the item relating to

13 chapter 83 and inserting in lieu thereof the fol14 lowing:

‘‘83. Defense Intelligence Agency Civilian Personnel ......... 1601’’;

15 and

16 (iii) by striking out the item relating to

17 chapter 167.

18 (B) The table of chapters at the beginning of

19 part I of such subtitle is amended by striking out

20 the item relating to chapter 22 and inserting in lieu

21 thereof the following:

‘‘22. National Imagery and Mapping Agency .......................... 441

‘‘23. Miscellaneous Studies and Reports ................................... 471’’;
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1 (C) The item relating to chapter 83 in the table

2 of chapters at the beginning of part II of such sub3 title is amended to read as follows:

‘‘83. Defense Intelligence Agency Civilian Personnel ......... 1601’’.

4 (D) The table of chapters at the beginning of

5 part IV of such subtitle is amended by striking out

6 the item relating to chapter 167.

7 (E) The item in the table of sections at the be8 ginning of chapter 23 of title 10, United States

9 Code (as redesignated by section 921), is amended

10 to read as follows:

‘‘481. Racial and ethnic issues; biennial survey; biennial report.’’.

11 (b) TITLE 44, UNITED STATES CODE.—

12 (1) SECTION HEADING.—The heading of section

13 1336 of title 44, United States Code, is amended to

14 read as follows:

15 ‘‘§ 1336. National Imagery and Mapping Agency: spe16 cial publications’’.

17 (2) CLERICAL AMENDMENT.—The item relating

18 to such section in the tables of sections at the begin19 ning of chapter 13 of such title is amended to read

20 as follows:

‘‘1336. National Imagery and Mapping Agency: special publications.’’.

21 SEC. 934. EFFECTIVE DATES.

22 (a) IN GENERAL.—Except as provided in subsection

23 (b), this subtitle and the amendments made by this sub-
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1 title shall take effect on the later of October 1, 1996, or

2 the date of the enactment of an Act appropriating funds

3 for fiscal year 1997 for the National Imagery and Map4 ping Agency.

5 (b) EXCEPTION.—Section 928 shall take effect on the

6 date of the enactment of this Act.

7 TITLE X—GENERAL PROVISIONS

8 Subtitle A—Financial Matters

9 SEC. 1001. TRANSFER AUTHORITY.

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

11 (1) Upon determination by the Secretary of Defense that

12 such action is necessary in the national interest, the Sec13 retary may transfer amounts of authorizations made avail14 able to the Department of Defense in this division for fis15 cal year 1997 between any such authorizations for that

16 fiscal year (or any subdivisions thereof). Amounts of au17 thorizations so transferred shall be merged with and be

18 available for the same purposes as the authorization to

19 which transferred.

20 (2) The total amount of authorizations that the Sec21 retary of Defense may transfer under the authority of this

22 section may not exceed $2,000,000,000.

23 (b) LIMITATIONS.—The authority provided by this

24 section to transfer authorizations—
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1 (1) may only be used to provide authority for

2 items that have a higher priority than the items

3 from which authority is transferred; and

4 (2) may not be used to provide authority for an

5 item that has been denied authorization by Con6 gress.

7 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

8 transfer made from one account to another under the au9 thority of this section shall be deemed to increase the

10 amount authorized for the account to which the amount

11 is transferred by an amount equal to the amount trans12 ferred.

13 (d) NOTICE TO CONGRESS.—The Secretary shall

14 promptly notify Congress of each transfer made under

15 subsection (a).

16 SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UN17 AUTHORIZED FISCAL YEAR 1996 DEFENSE AP18 PROPRIATIONS.

19 (a) AUTHORITY.—The amounts described in sub20 section (b) may be obligated and expended for programs,

21 projects, and activities of the Department of Defense in

22 accordance with fiscal year 1996 defense appropriations.

23 (b) COVERED AMOUNTS.—The amounts referred to

24 in subsection (a) are the amounts provided for programs,

25 projects, and activities of the Department of Defense in
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1 fiscal year 1996 defense appropriations that are in excess

2 of the amounts provided for such programs, projects, and

3 activities in fiscal year 1996 defense authorizations.

4 (c) DEFINITIONS.—For the purposes of this section:

5 (1) FISCAL YEAR 1996 DEFENSE APPROPRIA6 TIONS.—The term ‘‘fiscal year 1996 defense appro7 priations’’ means amounts appropriated or otherwise

8 made available to the Department of Defense for fis9 cal year 1996 in the Department of Defense Appro10 priations Act, 1996 (Public Law 104–61).

11 (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA12 TIONS.—The term ‘‘fiscal year 1996 defense author13 izations’’ means amounts authorized to be appro14 priated for the Department of Defense for fiscal

15 year 1996 in the National Defense Authorization

16 Act for Fiscal Year 1996 (Public Law 104–106).

17 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUP18 PLEMENTAL APPROPRIATIONS FOR FISCAL

19 YEAR 1996.

20 Amounts authorized to be appropriated to the De21 partment of Defense for fiscal year 1996 in the National

22 Defense Authorization Act for Fiscal Year 1996 (Public

23 Law 104–106) are hereby adjusted, with respect to any

24 such authorized amount, by the amount by which appro25 priations pursuant to such authorization were increased
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1 (by a supplemental appropriation) or decreased (by a re2 scission), or both, in the Omnibus Consolidated Rescis3 sions and Appropriations Act of 1996 (Public Law 104–

4 134).

5 SEC. 1004. USE OF FUNDS TRANSFERRED TO THE COAST

6 GUARD.

7 (a) LIMITATION.—Funds appropriated to the Depart8 ment of Defense for fiscal year 1997 that are transferred

9 to the Coast Guard may be used only for the performance

10 of national security functions of the Coast Guard in sup11 port of the Department of Defense.

12 (b) CERTIFICATION REQUIRED.—Funds described in

13 subsection (a) may not be transferred to the Coast Guard

14 until the Secretary of Defense and the Secretary of Trans15 portation jointly certify to Congress that the funds so

16 transferred will be used only as described in subsection

17 (a).

18 (c) GAO AUDIT.—The Comptroller General of the

19 United States shall—

20 (1) audit, from time to time, the use of funds

21 transferred to the Coast Guard from appropriations

22 for the Department of Defense for fiscal year 1997

23 in order to verify that the funds are being used in

24 accordance with the limitation in subsection (a); and
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1 (2) notify the congressional defense committees

2 of any use of such funds that, in the judgment of

3 the Comptroller General, is a significant violation of

4 such limitation.

5 SEC. 1005. USE OF MILITARY-TO-MILITARY CONTACTS

6 FUNDS FOR PROFESSIONAL MILITARY EDU7 CATION AND TRAINING.

8 Section 168(c) of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(9) Military education and training for mili11 tary and civilian personnel of foreign countries (in12 cluding transportation expenses, expenses for trans13 lation services, and administrative expenses to the

14 extent that the expenses are related to the providing

15 of such education and training to such personnel).’’.

16 SEC. 1006. PAYMENT OF CERTAIN EXPENSES RELATING TO

17 HUMANITARIAN AND CIVIC ASSISTANCE.

18 Section 401(c) of title 10, United States Code, is

19 amended—

20 (1) by redesignating paragraph (2) as para21 graph (3); and

22 (2) by inserting after paragraph (1) the follow23 ing new paragraph (2):
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1 ‘‘(2) Expenses covered by paragraph (1) include the

2 following expenses incurred in the providing of assistance

3 described in subsection (e)(5):

4 ‘‘(A) Travel, transportation, and subsistence ex5 penses of Department of Defense personnel provid6 ing the assistance.

7 ‘‘(B) The cost of any equipment, services, or

8 supplies acquired for the purpose of carrying out or

9 supporting activities described in such subsection

10 (e)(5), including any nonlethal, individual or small11 team landmine cleaning equipment or supplies that

12 are to be transferred or otherwise furnished to a for13 eign country in furtherance of the provision of as14 sistance under this section.

15 ‘‘(C) The cost of any equipment, services, or

16 supplies provided pursuant to subparagraph (B) may

17 not exceed $5,000,000 each year.’’.

18 SEC. 1007. REIMBURSEMENT OF DEPARTMENT OF DE19 FENSE FOR COSTS OF DISASTER ASSISTANCE

20 PROVIDED OUTSIDE THE UNITED STATES.

21 Section 404 of title 10, United States Code, is

22 amended—

23 (1) by redesignating subsection (d) as sub24 section (e); and
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1 (2) by inserting after subsection (c) the follow2 ing new subsection (d):

3 ‘‘(d) REIMBURSEMENT POLICY.—It is the sense of

4 Congress that, whenever the President directs the Sec5 retary of Defense to provide disaster assistance outside the

6 United States under subsection (a)—

7 ‘‘(1) the President should direct the Adminis8 trator of the Agency for International Development

9 to reimburse the Department of Defense for the cost

10 to the Department of Defense of the assistance pro11 vided; and

12 ‘‘(2) a reimbursement by the Administrator

13 should be paid out of funds available under chapter

14 9 of part I of the Foreign Assistance Act of 1961

15 for international disaster assistance for the fiscal

16 year in which the cost is incurred.’’.

17 SEC. 1008. FISHER HOUSE TRUST FUND FOR THE NAVY.

18 (a) AUTHORITY.—Section 2221 of title 10, United

19 States Code, is amended—

20 (1) in subsection (a), by adding at the end the

21 following:

22 ‘‘(3) The Fisher House Trust Fund, Depart23 ment of the Navy.’’;

24 (2) in subsection (c)—
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1 (A) by redesignating paragraph (3) as

2 paragraph (4); and

3 (B) by inserting after paragraph (2) the

4 following new paragraph (3):

5 ‘‘(3) Amounts in the Fisher House Trust Fund, De6 partment of the Navy, that are attributable to earnings

7 or gains realized from investments shall be available for

8 the operation and maintenance of Fisher houses that are

9 located in proximity to medical treatment facilities of the

10 Navy.’’; and

11 (3) in subsection (d)(1), by striking out ‘‘or the

12 Air Force’’ and inserting in lieu thereof ‘‘, the Air

13 Force, or the Navy’’.

14 (b) CORPUS OF TRUST FUNDS.—The Secretary of

15 the Navy shall transfer to the Fisher House Trust Fund,

16 Department of the Navy, established by section

17 2221(a)(3) of title 10, United States Code (as added by

18 subsection (a)(1)), all amounts in the accounts for Navy

19 installations and other facilities that, as of the date of the

20 enactment of this Act, are available for operation and

21 maintenance of Fisher houses, as defined in section

22 2221(d) of such title.

23 (c) CONFORMING AMENDMENTS.—Section 1321 of

24 title 31, United States Code, is amended—
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1 (1) in subsection (a), by adding at the end the

2 following:

3 ‘‘(94) Fisher House Trust Fund, Department

4 of the Navy.’’; and

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

6 the following:

7 ‘‘(D) Fisher House Trust Fund, Department of

8 the Navy.’’.

9 SEC. 1009. DESIGNATION AND LIABILITY OF DISBURSING

10 AND CERTIFYING OFFICIALS FOR THE COAST

11 GUARD.

12 (a) DISBURSING OFFICIALS.—(1) Section 3321(c) of

13 title 31, United States Code, is amended by adding at the

14 end the following:

15 ‘‘(3) The Department of Transportation (with

16 respect to public money available for expenditure by

17 the Coast Guard when it is not operating as a serv18 ice in the Navy).’’.

19 (2)(A) Chapter 17 of title 14, United States Code,

20 is amended by adding at the end the following:

21 ‘‘§ 673. Designation, powers, and accountability of

22 deputy disbursing officials

23 ‘‘(a)(1) Subject to paragraph (3), a disbursing official

24 of the Coast Guard may designate a deputy disbursing of25 ficial—
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1 ‘‘(A) to make payments as the agent of the dis2 bursing official;

3 ‘‘(B) to sign checks drawn on disbursing ac4 counts of the Secretary of the Treasury; and

5 ‘‘(C) to carry out other duties required under

6 law.

7 ‘‘(2) The penalties for misconduct that apply to a dis8 bursing official apply to a deputy disbursing official des9 ignated under this subsection.

10 ‘‘(3) A disbursing official may make a designation

11 under paragraph (1) only with the approval of the Sec12 retary of Transportation (when the Coast Guard is not

13 operating as a service in the Navy).

14 ‘‘(b)(1) If a disbursing official of the Coast Guard

15 dies, becomes disabled, or is separated from office, a dep16 uty disbursing official may continue the accounts and pay17 ments in the name of the former disbursing official until

18 the last day of the second month after the month in which

19 the death, disability, or separation occurs. The accounts

20 and payments shall be allowed, audited, and settled as pro21 vided by law. The Secretary of the Treasury shall honor

22 checks signed in the name of the former disbursing official

23 in the same way as if the former disbursing official had

24 continued in office.
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1 ‘‘(2) The deputy disbursing official, and not the

2 former disbursing official or the estate of the former dis3 bursing official, is liable for the actions of the deputy dis4 bursing official under this subsection.

5 ‘‘(c)(1) Except as provided in paragraph (2), this sec6 tion does not apply to the Coast Guard when section 2773

7 of title 10 applies to the Coast Guard by reason of the

8 operation of the Coast Guard as a service in the Navy.

9 ‘‘(2) A designation of a deputy disbursing official

10 under subsection (a) that is made while the Coast Guard

11 is not operating as a service in the Navy continues in ef12 fect for purposes of section 2773 of title 10 while the

13 Coast Guard operates as a service in the Navy unless and

14 until the designation is terminated by the disbursing offi15 cial who made the designation or an official authorized

16 to approve such a designation under subsection (a)(3) of

17 such section.’’.

18 (B) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following:

‘‘673. Designation, powers, and accountability of deputy disbursing officials.’’.

20 (b) DESIGNATION OF MEMBERS OF THE ARMED

21 FORCES TO HAVE AUTHORITY TO CERTIFY VOUCH22 ERS.—Section 3325(b) of title 31, United States Code, is

23 amended by striking out ‘‘members of the armed forces

24 under the jurisdiction of the Secretary of Defense may cer25 tify vouchers when authorized, in writing, by the Secretary
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1 to do so’’ and inserting in lieu thereof ‘‘members of the

2 armed forces may certify vouchers when authorized, in

3 writing, by the Secretary of Defense or, in the case of the

4 Coast Guard when it is not operating as a service in the

5 Navy, by the Secretary of Transportation’’.

6 (c) CONFORMING AMENDMENTS.—(1) Section

7 1007(a) of title 37, United States Code, is amended by

8 inserting after ‘‘Secretary of Defense’’ the following: ‘‘(or

9 the Secretary of Transportation, in the case of an officer

10 of the Coast Guard when the Coast Guard is not operating

11 as a service in the Navy)’’.

12 (2) Section 3527(b)(1) of title 31, United States

13 Code, is amended—

14 (A) in subparagraph (A)(i), by inserting after

15 ‘‘Department of Defense’’ the following: ‘‘(or the

16 Secretary of Transportation, in the case of a dis17 bursing official of the Coast Guard when the Coast

18 Guard is not operating as a service in the Navy)’’;

19 and

20 (B) in subparagraph (B), by inserting after ‘‘or

21 the Secretary of the appropriate military depart22 ment’’ the following: ‘‘(or the Secretary of Transpor23 tation, in the case of a disbursing official of the

24 Coast Guard when the Coast Guard is not operating

25 as a service in the Navy)’’.
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1 SEC. 1010. AUTHORITY TO SUSPEND OR TERMINATE COL2 LECTION ACTIONS AGAINST DECEASED MEM3 BERS OF THE COAST GUARD.

4 Section 3711(g) of title 31, United States Code, is

5 amended—

6 (1) in paragraph (1), by striking out ‘‘or Ma7 rine Corps’’ and inserting in lieu thereof ‘‘Marine

8 Corps, or Coast Guard’’;

9 (2) by redesignating paragraph (2) as para10 graph (3); and

11 (3) by inserting after paragraph (1) the follow12 ing new paragraph (2):

13 ‘‘(2) The Secretary of Transportation may suspend

14 or terminate an action by the Secretary under subsection

15 (a) to collect a claim against the estate of a person who

16 died while serving on active duty as a member of the Coast

17 Guard if the Secretary determines that, under the cir18 cumstances applicable with respect to the deceased person,

19 it is appropriate to do so.’’.

20 SEC. 1011. CHECK CASHING AND EXCHANGE TRANS21 ACTIONS WITH CREDIT UNIONS OUTSIDE THE

22 UNITED STATES.

23 Section 3342(b) of title 31, United States Code, is

24 amended—

25 (1) by striking out ‘‘and’’ at the end of para26 graph (5);
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1 (2) by striking out the period at the end of

2 paragraph (6) and inserting in lieu thereof ‘‘; and’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(7) a Federal credit union (as defined in sec6 tion 101(1) of the Federal Credit Union Act (12

7 U.S.C. 1752(1)) that is operating at Department of

8 Defense invitation in a foreign country where con9 tractor-operated military banking facilities are not

10 available.’’.

11 Subtitle B—Naval Vessels and

12 Shipyards

13 SEC. 1021. AUTHORITY TO TRANSFER NAVAL VESSELS.

14 (a) EGYPT.—The Secretary of the Navy may transfer

15 to the Government of Egypt the ‘‘OLIVER HAZARD

16 PERRY’’ frigate GALLERY. Such transfer shall be on

17 a sales basis under section 21 of the Arms Export Control

18 Act (22 U.S.C. 2761; relating to the foreign military sales

19 program).

20 (b) MEXICO.—The Secretary of the Navy may trans21 fer to the Government of Mexico the ‘‘KNOX’’ class frig22 ates STEIN (FF 1065) and MARVIN SHIELDS (FF

23 1066). Such transfers shall be on a sales basis under sec24 tion 21 of the Arms Export Control Act (22 U.S.C. 2761).
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1 (c) NEW ZEALAND.—The Secretary of the Navy may

2 transfer to the Government of New Zealand the ‘‘STAL3 WART’’ class ocean surveillance ship TENACIOUS. Such

4 transfer shall be on a sales basis under section 21 of the

5 Arms Export Control Act (22 U.S.C. 2761).

6 (d) PORTUGAL.—The Secretary of the Navy may

7 transfer to the Government of Portugal the ‘‘STAL8 WART’’ class ocean surveillance ship AUDACIOUS. Such

9 transfer shall be on a grant basis under section 516 of

10 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j; re11 lating to transfers of excess defense articles).

12 (e) TAIWAN.—The Secretary of the Navy may trans13 fer to the Taipei Economic and Cultural Representative

14 Office in the United States (which is the Taiwan instru15 mentality designated pursuant to section 10(a) of the Tai16 wan Relations Act) the following:

17 (1) The ‘‘KNOX’’ class frigates AYLWIN (FF

18 1081), PHARRIS (FF 1094), and VALDEZ (FF

19 1096). Such transfers shall be on a sales basis under

20 section 21 of the Arms Export Control Act (22

21 U.S.C. 2761).

22 (2) The ‘‘NEWPORT’’ class tank landing ship

23 NEWPORT (LST 1179). Such transfer shall be on

24 a lease basis under section 61 of the Arms Export

25 Control Act (22 U.S.C. 2796).
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1 (f) THAILAND.—The Secretary of the Navy may

2 transfer to the Government of Thailand the ‘‘KNOX’’

3 class frigate OUELLET (FF 1077). Such transfer shall

4 be on a sales basis under section 21 of the Arms Export

5 Control Act (22 U.S.C. 2761).

6 (g) COSTS OF TRANSFER.—Any expense of the Unit7 ed States in connection with a transfer authorized by this

8 section shall be charged to the recipient.

9 (h) REPAIR AND REFURBISHMENT OF VESSELS.—

10 The Secretary of the Navy shall require, to the maximum

11 extent possible, as a condition of a transfer of a vessel

12 under this section, that the country to which the vessel

13 is transferred have such repair or refurbishment of the

14 vessel as is needed, before the vessel joins the naval forces

15 of that country, performed at a shipyard located in the

16 United States, including a United States Navy shipyard.

17 (i) EXPIRATION OF AUTHORITY.—Any authority for

18 transfer granted by this section shall expire at the end

19 of the 2-year period beginning on the date of the enact20 ment of this Act.

21 SEC. 1022. TRANSFER OF CERTAIN OBSOLETE TUGBOATS

22 OF THE NAVY.

23 (a) REQUIREMENT TO TRANSFER VESSELS.—The

24 Secretary of the Navy shall transfer the six obsolete tug25 boats of the Navy specified in subsection (b) to the North-
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1 east Wisconsin Railroad Transportation Commission, an

2 instrumentality of the State of Wisconsin, if the Secretary

3 determines that the tugboats are not needed for transfer,

4 donation, or other disposal under title II of the Federal

5 Property and Administrative Services Act of 1949 (40

6 U.S.C. 481 et seq.). A transfer made under the preceding

7 sentence shall be made without reimbursement to the

8 United States.

9 (b) VESSELS COVERED.—The requirement in sub10 section (a) applies to the six decommissioned Cherokee

11 class tugboats, listed as of the date of the enactment of

12 this Act as being surplus to the Navy, that are designated

13 as ATF–105, ATF–110, ATF–149, ATF–158, ATF–159,

14 and ATF–160.

15 (c) CONDITION RELATING TO ENVIRONMENTAL COM16 PLIANCE.—The Secretary shall require as a condition of

17 the transfer of a vessel under subsection (a) that use of

18 the vessel by the Commission not commence until the

19 terms of any necessary environmental compliance letter or

20 agreement with respect to that vessel have been complied

21 with.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions (including a requirement that the transfer be at no

25 cost to the Government) in connection with the transfers
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1 required by subsection (a) as the Secretary considers ap2 propriate.

3 SEC. 1023. REPEAL OF REQUIREMENT FOR CONTINUOUS

4 APPLICABILITY OF CONTRACTS FOR PHASED

5 MAINTENANCE OF AE CLASS SHIPS.

6 Section 1016 of the National Defense Authorization

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

8 425) is repealed.

9 SEC. 1024. CONTRACT OPTIONS FOR LMSR VESSELS.

10 (a) FINDINGS.—Congress reaffirms the findings set

11 forth in section 1013(a) of the National Defense Author12 ization Act for Fiscal Year 1996 (Public Law 104–106;

13 110 Stat. 422), and makes the following modifications and

14 supplemental findings:

15 (1) Since the findings set forth in section

16 1013(a) of such Act were originally formulated, the

17 Secretary of the Navy has exercised options for the

18 acquisition of two of the six additional large, me19 dium-speed, roll-on/roll-off (LMSR) vessels that may

20 be acquired by exercise of options provided for under

21 contracts covering the acquisition of a total of 17

22 LMSR vessels.

23 (2) Therefore, under those contracts, the Sec24 retary has placed orders for the acquisition of 13

25 LMSR vessels and has remaining options for the ac-
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1 quisition of four more LMSR vessels, all of which

2 would be new construction vessels.

3 (3) The remaining options allow the Secretary

4 to place orders for one vessel to be constructed at

5 each of two shipyards for award before December

6 31, 1996, and December 31, 1997, respectively.

7 (b) SENSE OF CONGRESS.—Congress also reaffirms

8 its declaration of the sense of Congress, as set forth in

9 section 1013(b) of Public Law 104–106, that the Sec10 retary of the Navy should plan for, and budget to provide

11 for, the acquisition as soon as possible of a total of 19

12 large, medium-speed, roll-on/roll-off (LMSR) vessels (the

13 number determined to be required in the report entitled

14 ‘‘Mobility Requirements Study Bottom-Up Review Up15 date’’, submitted by the Secretary of Defense to Congress

16 in April 1995), rather than only 17 such vessels (which

17 is the number of vessels under contract as of April 1996).

18 (c) ADDITIONAL NEW CONSTRUCTION CONTRACT

19 OPTION.—The Secretary of the Navy should negotiate

20 with each of the two shipyards holding new construction

21 contracts referred to in subsection (a)(1) (Department of

22 the Navy contracts numbered N00024–93–C–2203 and

23 N00024–93–C–2205) for an option under each such con24 tract for construction of one additional such LMSR vessel,

25 with such option to be available to the Secretary for exer-
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1 cise not earlier than fiscal year 1998, subject to the avail2 ability of funds authorized and appropriated for such pur3 pose. Nothing in this subsection shall be construed to pre4 clude the Secretary of the Navy from competing the award

5 of the two options between the two shipyards holding new

6 construction contracts referred to in subsection (a)(1).

7 (d) REPORT.—The Secretary of the Navy shall sub8 mit to the congressional defense committees, by March 31,

9 1997, a report stating the intentions of the Secretary re10 garding the acquisition of options for the construction of

11 two additional LMSR vessels as described in subsection

12 (c).

13 (e) REPEAL OF SUPERSEDED PROVISION.—Section

14 1013 of the National Defense Authorization Act for Fiscal

15 Year 1996 (Public Law 104–106; 110 Stat 422) is amend16 ed by striking out subsection (c).

17 SEC. 1025. SENSE OF THE SENATE CONCERNING USS LCS

18 102 (LSSL 102).

19 It is the sense of the Senate that the Secretary of

20 Defense should use existing authorities in law to seek the

21 expeditious return, upon completion of service, of the

22 former USS LCS 102 (LSSL 102) from the Government

23 of Thailand in order for the ship to be transferred to the

24 United States Shipbuilding Museum in Quincy, Massachu25 setts.
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1 Subtitle C—Counter-Drug

2 Activities

3 SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT

4 FOR COUNTER-DRUG ACTIVITIES OF MEXICO.

5 (a) AUTHORITY TO PROVIDE ADDITIONAL SUP6 PORT.—Subject to subsections (e) and (f), the Secretary

7 of Defense may, during fiscal year 1997, provide the Gov8 ernment of Mexico the support described in subsection (b)

9 for the counter-drug activities of the Government of Mex10 ico. Such support shall be in addition to support provided

11 the Government of Mexico under any other provision of

12 law.

13 (b) TYPES OF SUPPORT.—The Secretary may provide

14 the following support under subsection (a):

15 (1) The transfer of spare parts and non-lethal

16 equipment and materiel, including radios, night vi17 sion goggles, global positioning systems, uniforms,

18 command, control, communications, and intelligence

(C3 19 I) integration equipment, detection equipment,

20 and monitoring equipment.

21 (2) The maintenance and repair of equipment

22 of the Government of Mexico that is used for

23 counter-narcotics activities.

24 (c) APPLICABILITY OF OTHER SUPPORT AUTHORI25 TIES.—Except as otherwise provided in this section, the
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1 provisions of section 1004 of the National Defense Au2 thorization Act for Fiscal Year 1991 (10 U.S.C. 374 note)

3 shall apply to the provision of support under this section.

4 (d) FUNDING.—Of the amounts authorized to be ap5 propriated for fiscal year 1997 for the Department of De6 fense for drug interdiction and counter-drug activities, not

7 more than $10,000,000 shall be available in that fiscal

8 year for the provision of support under this section.

9 (e) LIMITATIONS.—(1) The Secretary may not obli10 gate or expend funds to provide support under this section

11 until 15 days after the date on which the Secretary sub12 mits to the committees referred to in paragraph (3) the

13 certification described in paragraph (2).

14 (2) The certification referred to in paragraph (1) is

15 a written certification of the following:

16 (A) That the provision of support under this

17 section will not adversely affect the military pre18 paredness of the United States Armed Forces.

19 (B) That the equipment and materiel provided

20 as support will be used only by officials and employ21 ees of the Government of Mexico who have under22 gone a background check by that government.

23 (C) That the Government of Mexico has cer24 tified to the Secretary that—
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1 (i) the equipment and material provided as

2 support will be used only by the officials and

3 employees referred to in subparagraph (B);

4 (ii) none of the equipment or materiel will

5 be transferred (by sale, gift, or otherwise) to

6 any person or entity not authorized by the

7 United States to receive the equipment or mate8 riel; and

9 (iii) the equipment and materiel will be

10 used only for the purposes intended by the

11 United States Government.

12 (D) That the Government of Mexico has imple13 mented, to the satisfaction of the Secretary, a sys14 tem that will provide an accounting and inventory of

15 the equipment and materiel provided as support.

16 (E) That the departments, agencies, and instru17 mentalities of the Government of Mexico will grant

18 United States Government personnel unrestricted

19 access to any of the equipment or materiel provided

20 as support, or to any of the records relating to such

21 equipment or materiel, under terms and conditions

22 similar to the terms and conditions imposed with re23 spect to such access under section 505(a)(3) of the

24 Foreign Assistance Act of 1961 (22 U.S.C.

25 2314(a)(3)).
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1 (F) That the Government of Mexico will provide

2 security with respect to the equipment and materiel

3 provided as support that is equivalent to the security

4 that the United States Government would provide

5 with respect to such equipment and materiel.

6 (G) That the Government of Mexico will permit

7 continuous observation and review by United States

8 Government personnel of the use of the equipment

9 and materiel provided as support under terms and

10 conditions similar to the terms and conditions im11 posed with respect to such observation and review

12 under section 505(a)(3) of the Foreign Assistance

13 Act of 1961 (22 U.S.C. 2314(a)(3)).

14 (3) The committees referred to in this paragraph are

15 the following:

16 (A) The Committees on Armed Services and

17 Foreign Relations of the Senate.

18 (B) The Committees on National Security and

19 International Relations of the House of Representa20 tives.

21 (f) PROHIBITION ON PROVISION OF CERTAIN MILI22 TARY EQUIPMENT.—The Secretary may not provide as

23 support under this section—

24 (1) any article of military equipment for which

25 special export controls are warranted because of the
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1 substantial military utility or capability of such

2 equipment;

3 (2) any military equipment identified on the

4 United States Munitions List; or

5 (3) any of the following military equipment

6 (whether or not the equipment has been equipped,

7 re-equipped, or modified for military operations):

8 (A) Cargo aircraft bearing ‘‘C’’ designa9 tions, including aircraft with designations C–45

10 through C–125, C–131 aircraft, and aircraft

11 bearing ‘‘C’’ designations that use reciprocating

12 engines.

13 (B) Trainer aircraft bearing ‘‘T’’ designa14 tions, including aircraft bearing such designa15 tions that use reciprocating engines or turbo16 prop engines delivering less than 600 horse17 power.

18 (C) Utility aircraft bearing ‘‘U’’ designa19 tions, including UH–1 aircraft and UH/EH–60

20 aircraft and aircraft bearing such designations

21 that use reciprocating engines.

22 (D) Liaison aircraft bearing ‘‘L’’ designa23 tions.

24 (E) Observation aircraft bearing ‘‘O’’ des25 ignations, including OH–58 aircraft and air-
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1 craft bearing such designations that use recip2 rocating engines.

3 (F) Truck, tractors, trailers, and vans, in4 cluding all vehicles bearing ‘‘M’’ designations.

5 SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NA6 TIONAL DRUG INTELLIGENCE CENTER.

7 (a) LIMITATION ON USE OF FUNDS.—Except as pro8 vided in subsection (b), funds appropriated or otherwise

9 made available for the Department of Defense pursuant

10 to this or any other Act may not be obligated or expended

11 for the National Drug Intelligence Center, Johnstown,

12 Pennsylvania.

13 (b) EXCEPTION.—If the Attorney General operates

14 the National Drug Intelligence Center using funds avail15 able for the Department of Justice, the Secretary of De16 fense may continue to provide Department of Defense in17 telligence personnel to support intelligence activities at the

18 Center. The number of such personnel providing support

19 to the Center after the date of the enactment of this Act

20 may not exceed the number of the Department of Defense

21 intelligence personnel who are supporting intelligence ac22 tivities at the Center on the day before such date.
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1 SEC. 1033. INVESTIGATION OF THE NATIONAL DRUG INTEL2 LIGENCE CENTER.

3 (a) INVESTIGATION REQUIRED.—The Inspector Gen4 eral of the Department of Defense, the Inspector General

5 of the Department of Justice, the Inspector General of

6 the Central Intelligence Agency, and the Comptroller Gen7 eral of the United States shall—

8 (1) jointly investigate the operations of the Na9 tional Drug Intelligence Center, Johnstown, Penn10 sylvania; and

11 (2) not later than March 31, 1997, jointly sub12 mit to the President pro tempore of the Senate and

13 the Speaker of the House of Representatives a re14 port on the results of the investigation.

15 (b) CONTENT OF REPORT.—The joint report shall

16 contain a determination regarding whether there is a sig17 nificant likelihood that the funding of the operation of the

18 National Drug Intelligence Center, a domestic law en19 forcement program, through an appropriation under the

20 control of the Director of Central Intelligence will result

21 in a violation of the National Security Act of 1947 or Ex22 ecutive Order 12333.
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1 Subtitle D—Matters Relating to

2 Foreign Countries

3 SEC. 1041. AGREEMENTS FOR EXCHANGE OF DEFENSE PER4 SONNEL BETWEEN THE UNITED STATES AND

5 FOREIGN COUNTRIES.

6 (a) EXCHANGE AUTHORITY.—Subchapter II of chap7 ter 138 of title 10, United States Code, is amended by

8 adding at the end the following new section:

9 ‘‘§ 2350l. Exchange of defense personnel between the

10 United States and foreign countries

11 ‘‘(a) INTERNATIONAL EXCHANGE AGREEMENTS AU12 THORIZED.—The Secretary of Defense is authorized to

13 enter into agreements with the governments of allies of

14 the United States and other friendly foreign countries for

15 the exchange of military and civilian personnel of the De16 partment of Defense and military and civilian personnel

17 of the defense ministries of such foreign governments.

18 ‘‘(b) ASSIGNMENT OF PERSONNEL.—(1) Pursuant to

19 an agreement entered into under subsection (a), personnel

20 of the defense ministry of a foreign government may be

21 assigned to positions in the Department of Defense, and

22 personnel of the Department of Defense may be assigned

23 to positions in the defense ministry of that foreign govern24 ment. Positions to which exchanged personnel are as25 signed may include positions of instructors.
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1 ‘‘(2) An agreement for the exchange of personnel en2 gaged in research and development activities may provide

3 for assignment of Department of Defense personnel to po4 sitions in private industry that support the defense min5 istry of the host foreign government.

6 ‘‘(3) A specific position and the individual to be as7 signed to that position shall be acceptable to both govern8 ments.

9 ‘‘(c) RECIPROCITY OF PERSONNEL QUALIFICATIONS

10 REQUIRED.—Each government shall be required under an

11 agreement authorized by subsection (a) to provide person12 nel having qualifications, training, and skills that are es13 sentially equal to those of the personnel provided by the

14 other government.

15 ‘‘(d) PAYMENT OF PERSONNEL COSTS.—(1) Each

16 government shall pay the salary, per diem, cost of living,

17 travel, cost of language or other training, and other costs

18 for its own personnel in accordance with the laws and reg19 ulations of such government that pertain to such matters.

20 ‘‘(2) The requirement in paragraph (1) does not

21 apply to the following costs:

22 ‘‘(A) Cost of temporary duty directed by the

23 host government.

24 ‘‘(B) Costs of training programs conducted to

25 familiarize, orient, or certify exchanged personnel re-
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1 garding unique aspects of the exchanged personnel’s

2 assignments.

3 ‘‘(C) Costs incident to the use of host govern4 ment facilities in the performance of assigned duties.

5 ‘‘(e) PROHIBITED CONDITIONS.—No personnel ex6 changed pursuant to an agreement under this section may

7 take or be required to take an oath of allegiance to the

8 host country or to hold an official capacity in the govern9 ment of such country.

10 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Noth11 ing in this section limits any authority of the secretaries

12 of the military departments to enter into an agreement

13 with the government of a foreign country to provide for

14 exchange of members of the armed forces and military

15 personnel of the foreign country except that subsections

16 (c) and (d) shall apply in the exercise of that authority.

17 The Secretary of Defense may prescribe regulations for

18 the application of such subsections in the exercise of such

19 authority.’’.

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

21 at the beginning of subchapter II of such chapter is

22 amended by adding at the end the following new item:

‘‘2350l. Exchange of defense personnel between the United States and foreign

countries.’’.
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1 SEC. 1042. AUTHORITY FOR RECIPROCAL EXCHANGE OF

2 PERSONNEL BETWEEN THE UNITED STATES

3 AND FOREIGN COUNTRIES FOR FLIGHT

4 TRAINING.

5 Section 544 of the Foreign Assistance Act of 1961

6 (22 U.S.C. 2347c) is amended—

7 (1) by inserting ‘‘, and for attendance of foreign

8 military personnel at flight training schools or pro9 grams (including test pilot schools) in the United

10 States,’’ after ‘‘(other than service academies)’’; and

11 (2) by striking out ‘‘and comparable institu12 tions’’ and inserting in lieu thereof ‘‘ or flight train13 ing schools or programs, as the case may be, and

14 comparable institutions, schools, or programs’’.

15 SEC. 1043. EXTENSION OF COUNTERPROLIFERATION AU16 THORITIES.

17 Section 1505 of the Weapons of Mass Destruction

18 Control Act of 1992 (title XV of Public Law 104–484;

19 22 U.S.C. 5859a) is amended—

20 (1) in subsection (d)(3)—

21 (A) by striking out ‘‘fiscal year 1995, or’’

22 and inserting in lieu thereof ‘‘fiscal year

23 1995,’’; and

24 (B) by inserting before the period at the

25 end the following: ‘‘, $15,000,000 for fiscal year
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1 1997, or $15,000,000 for fiscal year 1998’’;

2 and

3 (2) in subsection (f), by striking out ‘‘fiscal

4 year 1996’’ and inserting in lieu thereof ‘‘fiscal year

5 1998’’.

6 SEC. 1044. PROHIBITION ON COLLECTION AND RELEASE OF

7 DETAILED SATELLITE IMAGERY RELATING

8 TO ISRAEL AND OTHER COUNTRIES AND

9 AREAS.

10 (a) COLLECTION AND DISSEMINATION.—No depart11 ment or agency of the Federal Government may license

12 the collection or dissemination by any non-Federal entity

13 of satellite imagery with respect to Israel, or to any other

14 country or geographic area designated by the President

15 for this purpose, unless such imagery is no more detailed

16 or precise than satellite imagery of the country or geo17 graphic area concerned that is routinely available from

18 commercial sources.

19 (b) DECLASSIFICATION AND RELEASE.—No depart20 ment or agency of the Federal Government may declassify

21 or otherwise release satellite imagery with respect to Is22 rael, or to any other country or geographic area designated

23 by the President for this purpose, unless such imagery is

24 no more detailed or precise than satellite imagery of the
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1 country or geographic area concerned that is routinely

2 available from commercial sources.

3 SEC. 1045. DEFENSE BURDENSHARING.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The United States continues to spend bil7 lions of dollars to promote regional security and to

8 make preparations for regional contingencies.

9 (2) United States defense expenditures promote

10 United States national security interests; however,

11 they also significantly contribute to the defense of

12 our allies.

13 (3) In 1993, the gross domestic product of the

14 United States equaled $6,300,000,000,000, while

15 the gross domestic product of other NATO member

16 countries totaled $7,200,000,000,000.

17 (4) Over the course of 1993, the United States

18 spent 4.7 percent of its gross domestic product on

19 defense, while other NATO members collectively

20 spent 2.5 percent of their gross domestic product on

21 defense.

22 (5) In addition to military spending, foreign as23 sistance plays a vital role in the establishment and

24 maintenance of stability in other nations and in im-
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1 plementing the United States national security strat2 egy.

3 (6) This assistance has often prevented the out4 break of conflicts which otherwise would have re5 quired costly military interventions by the United

6 States and our allies.

7 (7) From 1990–1993, the United States spent

8 $59,000,000,000 in foreign assistance, a sum which

9 represents an amount greater than any other nation

10 in the world.

11 (8) In 1995, the United States spent over

12 $10,000,000,000 to promote European security,

13 while European NATO nations only contributed

14 $2,000,000,000 toward this effort.

15 (9) With a smaller gross domestic product and

16 a larger defense budget than its European NATO

17 allies, the United States shoulders an unfair share

18 of the burden of the common defense.

19 (10) Japan now pays over 75 percent of the

20 nonpersonnel costs incurred by United States mili21 tary forces permanently assigned there, while our

22 European allies pay for less than 25 percent of these

23 same costs. Japan signed a new Special Measures

24 Agreement this year which will increase Japan’s con25 tribution toward the cost of stationing United States
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1 troops in Japan by approximately $30,000,000 a

2 year over the next five years.

3 (11) These increased contributions help to rec4 tify the imbalance in the burden shouldered by the

5 United States for the common defense.

6 (12) The relative share of the burden of the

7 common defense still falls too heavily on the United

8 States, and our allies should dedicate more of their

9 own resources to defending themselves.

10 (b) EFFORTS TO INCREASE ALLIED

11 BURDENSHARING.—The President shall seek to have each

12 nation that has cooperative military relations with the

13 United States (including security agreements, basing ar14 rangements, or mutual participation in multinational mili15 tary organizations or operations) take one or more of the

16 following actions:

17 (1) Increase its financial contributions to the

18 payment of the nonpersonnel costs incurred by the

19 United States Government for stationing United

20 States military personnel in that nation, with a goal

21 of achieving the following percentages of such costs:

22 (A) By September 30, 1997, 37.5 percent.

23 (B) By September 30, 1998, 50 percent.

24 (C) By September 30, 1999, 62.5 percent.

25 (D) By September 30, 2000, 75 percent.
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1 An increase in financial contributions by any nation

2 under this paragraph may include the elimination of

3 taxes, fees, or other charges levied on United States

4 military personnel, equipment, or facilities stationed

5 in that nation.

6 (2) Increase its annual budgetary outlays for

7 national defense as a percentage of its gross domes8 tic product by 10 percent or at least to a level com9 mensurate to that of the United States by Septem10 ber 30, 1997.

11 (3) Increase its annual budgetary outlays for

12 foreign assistance (to promote democratization, eco13 nomic stabilization, transparency arrangements, de14 fense economic conversion, respect for the rule of

15 law, and internationally recognized human rights) by

16 10 percent or at least to a level commensurate to

17 that of the United States by September 30, 1997.

18 (4) Increase the amount of military assets (in19 cluding personnel, equipment, logistics, support and

20 other resources) that it contributes, or would be pre21 pared to contribute, to multinational military activi22 ties worldwide.

23 (c) AUTHORITIES TO ENCOURAGE ACTIONS BY UNIT24 ED STATES ALLIES.—In seeking the actions described in

25 subsection (b) with respect to any nation, or in response
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1 to a failure by any nation to undertake one or more of

2 such actions, the President may take any of the following

3 measures:

4 (1) Reduce the end strength level of members

5 of the Armed Forces assigned to permanent duty

6 ashore in that nation.

7 (2) Impose on that nation taxes, fees, or other

8 charges similar to those that such nation imposes on

9 United States forces stationed in that nation.

10 (3) Reduce (through rescission, impoundment,

11 or other appropriate procedures as authorized by

12 law) the amount the United States contributes to

13 the NATO Civil Budget, Military Budget, or Secu14 rity Investment Program.

15 (4) Suspend, modify, or terminate any bilateral

16 security agreement the United States has with that

17 nation.

18 (5) Reduce (through rescission, impoundment

19 or other appropriate procedures as authorized by

20 law) any United States bilateral assistance appro21 priated for that nation.

22 (6) Take any other action the President deter23 mines to be appropriate as authorized by law.

24 (d) REPORT ON PROGRESS IN INCREASING ALLIED

25 BURDENSHARING.—Not later than March 1, 1997, the
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1 Secretary of Defense shall submit to Congress a report

2 on—

3 (1) steps taken by other nations to complete the

4 actions described in subsection (b);

5 (2) all measures taken by the President, includ6 ing those authorized in subsection (c), to achieve the

7 actions described in subsection (b); and

8 (3) the budgetary savings to the United States

9 that are expected to accrue as a result of the steps

10 described under paragraph (1).

11 (e) REPORT ON NATIONAL SECURITY BASES FOR

12 FORWARD DEPLOYMENT AND BURDENSHARING RELA13 TIONSHIPS.—(1) In order to ensure the best allocation of

14 budgetary resources, the President shall undertake a re15 view of the status of elements of the United States Armed

16 Forces that are permanently stationed outside the United

17 States. The review shall include an assessment of the fol18 lowing:

19 (A) The alliance requirements that are to be

20 found in agreements between the United States and

21 other countries.

22 (B) The national security interests that support

23 permanently stationing elements of the United

24 States Armed Forces outside the United States.
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1 (C) The stationing costs associated with the

2 forward deployment of elements of the United States

3 Armed Forces.

4 (D) The alternatives available to forward de5 ployment (such as material prepositioning, enhanced

6 airlift and sealift, or joint training operations) to

7 meet such alliance requirements or national security

8 interests, with such alternatives identified and de9 scribed in detail.

10 (E) The costs and force structure configura11 tions associated with such alternatives to forward

12 deployment.

13 (F) The financial contributions that allies of

14 the United States make to common defense efforts

15 (to promote democratization, economic stabilization,

16 transparency arrangements, defense economic con17 version, respect for the rule of law, and internation18 ally recognized human rights).

19 (G) The contributions that allies of the United

20 States make to meeting the stationing costs associ21 ated with the forward deployment of elements of the

22 United States Armed Forces.

23 (H) The annual expenditures of the United

24 States and its allies on national defense, and the rel-
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1 ative percentages of each nation’s gross domestic

2 product constituted by those expenditures.

3 (2) The President shall submit to Congress a report

4 on the review under paragraph (1). The report shall be

5 submitted not later than March 1, 1997, in classified and

6 unclassified form.

7 SEC. 1046. SENSE OF THE SENATE CONCERNING EXPORT

8 CONTROLS.

9 (a) FINDINGS.—The Senate makes the following

10 findings:

11 (1) Export controls are a part of a comprehen12 sive response to national security threats. United

13 States exports should be restricted where those

14 threats exist to national security, nonproliferation,

15 and foreign policy interests of the United States.

16 (2) The export of certain commodities and tech17 nology may adversely affect the national security

18 and foreign policy of the United States by making

19 a significant contribution to the military potential of

20 individual countries or by disseminating the capabil21 ity to design, develop, test, produce, stockpile, or use

22 weapons of mass destruction, missile delivery sys23 tems, and other significant military capabilities.

24 Therefore, the administration of export controls

25 should emphasize the control of these exports.
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1 (3) The acquisition of sensitive commodities

2 and technologies by those countries and end users

3 whose actions or policies run counter to United

4 States national security or foreign policy interests

5 may enhance the military capabilities of those coun6 tries, particularly their ability to design, develop,

7 test, produce, stockpile, use, and deliver nuclear,

8 chemical, and biological weapons, missile delivery

9 systems, and other significant military capabilities.

10 This enhancement threatens the security of the

11 United States and its allies. The availability to coun12 tries and end users of items that contribute to mili13 tary capabilities or the proliferation of weapons of

14 mass destruction is a fundamental concern of the

15 United States and should be eliminated through de16 terrence, negotiations, and other appropriate means

17 whenever possible.

18 (4) The national security of the United States

19 depends not only on wise foreign policies and a

20 strong defense, but also a vibrant national economy.

21 To be truly effective, export controls should be ap22 plied uniformly by all suppliers.

23 (5) On November 5, 1995, President William J.

24 Clinton extended Executive Order No. 12938 re25 garding ‘‘Weapons of Mass Destruction’’, and ‘‘de-
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1 clared a national emergency with respect to the un2 usual and extraordinary threat to the national secu3 rity, foreign policy, and economy of the United

4 States posed by the proliferation of nuclear, biologi5 cal, and chemical weapons and the means of deliver6 ing such weapons’’.

7 (6) A successor regime to COCOM (the Coordi8 nating Commission on Multilateral Controls) has not

9 been established. Currently, each nation is determin10 ing independently which dual-use military items, if

11 any, will be controlled for export.

12 (7) The United States should play a leading

13 role in promoting transparency and responsibility

14 with regard to the transfers of sensitive dual-use

15 goods and technologies.

16 (b) SENSE OF SENATE.—It is the sense of the Senate

17 that—

18 (1) establishing an international export control

19 regime, empowered to control exports of dual-use

20 technology, is critically important and should become

21 a top priority for the United States; and

22 (2) the United States should strongly encourage

23 its allies and friends to—

24 (A) adopt a commodity control list which

25 governs the same or similar items as are con-
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1 trolled by the United States Commodity Control

2 list;

3 (B) strengthen enforcement activities; and

4 (C) explore the use of unilateral export

5 controls where the possibility exists that an ex6 port could contribute to proliferation.

7 SEC. 1047. REPORT ON NATO ENLARGEMENT.

8 (a) REPORT.—Not later than December 1, 1996, the

9 President shall transmit a report on NATO enlargement

10 to the Committee on Armed Services and the Committee

11 on Foreign Relations of the Senate and the Committee

12 on National Security and the Committee on International

13 Relations of the House of Representatives. The report

14 shall contain a comprehensive discussion of the following:

15 (1) Geopolitical and financial costs and benefits,

16 including financial savings, associated with—

17 (A) enlargement of NATO;

18 (B) further delays in the process of NATO

19 enlargement; and

20 (C) a failure to enlarge NATO.

21 (2) Additional NATO and United States mili22 tary expenditures requested by prospective NATO

23 members to facilitate their admission into NATO.

24 (3) Modifications necessary in NATO’s military

25 strategy and force structure required by the inclu-
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1 sion of new members and steps necessary to inte2 grate new members, including the role of nuclear

3 and conventional capabilities, reinforcement, force

4 deployments, prepositioning of equipment, mobility,

5 and headquarter locations.

6 (4) The relationship between NATO enlarge7 ment and transatlantic stability and security.

8 (5) The state of military preparedness and

9 interoperability of Central and Eastern European

10 nations as it relates to the responsibilities of NATO

11 membership and additional security costs or benefits

12 that may accrue to the United States from NATO

13 enlargement.

14 (6) The state of democracy and free market de15 velopment as it affects the preparedness of Central

16 and Eastern European nations for the responsibil17 ities of NATO membership, including civilian control

18 of the military, the rule of law, human rights, and

19 parliamentary oversight.

20 (7) The state of relations between prospective

21 NATO members and their neighbors, steps taken by

22 prospective members to reduce tensions, and mecha23 nisms for the peaceful resolution of border disputes.
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1 (8) The commitment of prospective NATO

2 members to the principles of the North Atlantic

3 Treaty and the security of the North Atlantic area.

4 (9) The effect of NATO enlargement on the po5 litical, economic, and security conditions of Euro6 pean Partnership for Peace nations not among the

7 first new NATO members.

8 (10) The relationship between NATO enlarge9 ment and EU enlargement and the costs and bene10 fits of both.

11 (11) The relationship between NATO enlarge12 ment and treaties relevant to United States and Eu13 ropean security, such as the Conventional Armed

14 Forces in Europe Treaty.

15 (12) The anticipated impact both of NATO en16 largement and further delays of NATO enlargement

17 on Russian foreign and defense policies and the

18 costs and benefits of a security relationship between

19 NATO and Russia.

20 (b) INDEPENDENT ASSESSMENT.—Not later than 15

21 days after enactment of this Act, the Majority Leader of

22 the Senate and the Speaker of the House of Representa23 tives shall appoint a chairman and two other Members and

24 the Minority Leaders of the Senate and House of Rep25 resentatives shall appoint two Members to serve on a bi-
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1 partisan review group of nongovernmental experts to con2 duct an independent assessment of NATO enlargement,

3 including a comprehensive review of the issues in sub4 section (a) (1) through (12) above. The report of the re5 view group shall be completed no later than December 1,

6 1996. The Secretary of Defense shall furnish the review

7 group administrative and support services requested by

8 the review group. The expenses of the review group shall

9 be paid out of funds available for the payment of similar

10 expenses incurred by the Department of Defense.

11 (c) INTERPRETATION.—Nothing in this section

12 should be interpreted or construed to affect the implemen13 tation of the NATO Participation Act of 1994, as amend14 ed (Public Law 103–447), or any other program or activ15 ity which facilitates or assists prospective NATO mem16 bers.

17 Subtitle E—Miscellaneous

18 Reporting Requirements

19 SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL

20 CONCEPTS.

21 (a) REPORT REQUIRED.—Not later than March 1 of

22 each year, the Chairman of the Joint Chiefs of Staff shall

23 submit to the Committee on Armed Services of the Senate

24 and the Committee on National Security of the House of

25 Representatives a report on emerging operational con-
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1 cepts. The report shall contain a description, for the year

2 preceding the year in which submitted, of the following:

3 (1) The process undertaken in each of the

4 Army, Navy, Air Force, and Marine Corps to define

5 and develop doctrine, operational concepts, organiza6 tional concepts, and acquisition strategies based

7 on—

8 (A) the potential of emerging technologies

9 for significantly improving the operational effec10 tiveness of that armed force;

11 (B) changes in the international order that

12 may necessitate changes in the operational ca13 pabilities of that armed force;

14 (C) emerging capabilities of potential ad15 versary states; and

16 (D) changes in defense budget projections

17 that put existing acquisition programs of the

18 service at risk.

19 (2) The manner in which the process under20 taken in each of the Army, Navy, Air Force, and

21 Marine Corps is harmonized with a joint vision and

22 with the similar processes of the other armed forces

23 to ensure that there is a sufficient consideration of

24 the development of joint doctrine, operational con25 cepts, and acquisition strategies.
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1 (3) The manner in which the process under2 taken by each of the Army, Navy, Air Force, and

3 Marine Corps is coordinated through the Joint Re4 quirements Oversight Council or another entity to

5 ensure that the results of the process are considered

6 in the planning, programming, and budgeting proc7 ess of the Department of Defense.

8 (4) Proposals under consideration by the Joint

9 Requirements Oversight Council or other entity

10 within the Department of Defense to modify the

11 roles and missions of any of the Army, Navy, Air

12 Force, and Marine Corps as a result of the processes

13 described in paragraph (1).

14 (b) FIRST REPORT.—The first report under this sec15 tion shall be submitted not later than March 1, 1997.

16 (c) TERMINATION OF REQUIREMENT AFTER FOURTH

17 REPORT.—Notwithstanding subsection (a), no report is

18 required under this section after 2000.

19 SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND

20 TECHNOLOGY PLAN.

21 (a) ANNUAL PLAN REQUIRED.—On March 1 of each

22 year, the Secretary of Defense shall submit to the Com23 mittee on Armed Services of the Senate and the Commit24 tee on National Security of the House of Representatives

25 a plan for ensuring that the science and technology pro-
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1 gram of the Department of Defense supports the develop2 ment of the future joint warfighting capabilities identified

3 as priority requirements for the Armed Forces.

4 (b) FIRST PLAN.—The first plan shall be submitted

5 not later than March 1, 1997.

6 SEC. 1053. REPORT ON MILITARY READINESS REQUIRE7 MENTS OF THE ARMED FORCES.

8 (a) REQUIREMENT.—Not later than January 31,

9 1997, the Chairman of the Joint Chiefs of Staff shall sub10 mit to the congressional defense committees a report on

11 the military readiness requirements of the active and re12 serve components of the Armed Forces (including combat

13 units, combat support units, and combat service support

14 units) prepared by the officers referred to in subsection

15 (b). The report shall assess such requirements under a

16 tiered readiness and response system that categorizes a

17 given unit according to the likelihood that it will be re18 quired to respond to a military conflict and the time in

19 which it will be required to respond.

20 (b) OFFICERS.—The report required by subsection

21 (a) shall be prepared jointly by the Chief of Staff of the

22 Army, the Chief of Naval Operations, the Chief of Staff

23 of the Air Force, the Commandant of the Marine Corps,

24 and the Commander of the Special Operations Command.
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1 (c) ASSESSMENT SCENARIO.—The report shall assess

2 readiness requirements in a scenario based on the follow3 ing assumptions:

4 (1) The conflict is in a generic theater of oper5 ations located anywhere in the world and does not

6 exceed the notional limits for a major regional con7 tingency.

8 (2) The forces available for deployment include

9 the forces described in the Bottom Up Review force

10 structure, including all planned force enhancements.

11 (3) Assistance is not available from allies.

12 (d) ASSESSMENT ELEMENTS.—The report shall iden13 tify by unit type, and assess the readiness requirements

14 of, all active and reserve component units. Each such unit

15 shall be categorized within one of the following classifica16 tions:

17 (1) Forward-deployed and crisis response

18 forces, or ‘‘Tier I’’ forces, that possess limited inter19 nal sustainment capability and do not require imme20 diate access to regional air bases or ports or over21 flight rights, including the following:

22 (A) Force units that are routinely deployed

23 forward at sea or on land outside the United

24 States.
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1 (B) Combat-ready crises response forces

2 that are capable of mobilizing and deploying

3 within 10 days after receipt of orders.

4 (C) Forces that are supported by

5 prepositioning equipment afloat or are capable

6 of being inserted into a theater upon the cap7 ture of a port or airfield by forcible entry

8 forces.

9 (2) Combat-ready follow-on forces, or ‘‘Tier II’’

10 forces, that can be mobilized and deployed to a thea11 ter within approximately 60 days after receipt of or12 ders.

13 (3) Combat-ready conflict resolution forces, or

14 ‘‘Tier III’’ forces, that can be mobilized and de15 ployed to a theater within approximately 180 days

16 after receipt of orders.

17 (4) All other active and reserve component force

18 units which are not categorized within a classifica19 tion described in paragraph (1), (2), or (3).

20 (e) FORM OF REPORT.—The report under this sec21 tion shall be submitted in unclassified form but may con22 tain a classified annex.
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1 SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY

2 BOARD.

3 Section 113(c) of title 10, United States Code, is

4 amended—

5 (1) by striking out paragraph (3);

6 (2) by redesignating paragraphs (1), (2), and

7 (4) as subparagraphs (A), (B), and (C), respectively;

8 (3) by inserting ‘‘(1)’’ after ‘‘(c)’’;

9 (4) by inserting ‘‘and’’ at the end of subpara10 graph (B), as redesignated by paragraph (2); and

11 (5) by adding at the end the following:

12 ‘‘(2) At the same time that the Secretary submits the

13 annual report under paragraph (1), the Secretary shall

14 transmit to the President and Congress a separate report

15 from the Reserve Forces Policy Board on the reserve pro16 grams of the Department of Defense and on any other

17 matters that the Reserve Forces Policy Board considers

18 appropriate to include in the report.’’.

19 SEC. 1055. INFORMATION ON PROPOSED FUNDING FOR THE

20 GUARD AND RESERVE COMPONENTS IN FU21 TURE-YEARS DEFENSE PROGRAMS.

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

23 specify in each future-years defense program submitted to

24 Congress after the date of the enactment of this Act the

25 estimated expenditures and proposed appropriations for
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1 the procurement of equipment and for military construc2 tion for each of the Guard and Reserve components.

3 (b) DEFINITION.—For purposes of this section, the

4 term ‘‘Guard and Reserve components’’ means the follow5 ing:

6 (1) The Army Reserve.

7 (2) The Army National Guard of the United

8 States.

9 (3) The Naval Reserve.

10 (4) The Marine Corps Reserve.

11 (5) The Air Force Reserve.

12 (6) The Air National Guard of the United

13 States.

14 SEC. 1056. REPORT ON FACILITIES USED FOR TESTING

15 LAUNCH VEHICLE ENGINES.

16 (a) REPORT REQUIRED.—Not later than 30 days

17 after the date of the enactment of this Act, the Secretary

18 of Defense, in consultation with the Administrator of the

19 National Aeronautics and Space Administration, shall

20 submit to Congress a report on the facilities used for test21 ing launch vehicle engines.

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

23 an analysis of the duplication between Air Force and Na24 tional Aeronautics and Space Administration hydrogen
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1 rocket test facilities and the potential benefits of further

2 coordinating activities at such facilities.

3 Subtitle F—Other Matters

4 SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMEND5 MENTS.

6 (a) TECHNICAL AMENDMENT REGARDING FORFEIT7 URES DURING CONFINEMENT ADJUDGED BY A COURT8 MARTIAL.—(1) Section 858b(a)(1) of title 10, United

9 States Code (article 58b(a)(1) of the Uniform Code of

10 Military Justice), is amended—

11 (A) in the first sentence, by inserting ‘‘(if ad12 judged by a general court-martial)’’ after ‘‘all pay

13 and’’; and

14 (B) in the third sentence, by striking out ‘‘two15 thirds of all pay and allowances’’ and inserting in

16 lieu thereof ‘‘two-thirds of all pay’’.

17 (2) The amendments made by paragraph (1) shall

18 take effect as of April 1, 1996, and shall apply to any

19 case in which a sentence is adjudged by a court-martial

20 on or after that date.

21 (b) EXCEPTED SERVICE APPOINTMENTS TO CERTAIN

22 NONATTORNEY POSITIONS OF THE UNITED STATES

23 COURT OF APPEALS FOR THE ARMED FORCES..—(1)

24 Subsection (c) of section 943 of title 10, United States

25 Code (article 143(c) of the Uniform Code of Military Jus-
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1 tice) is amended in paragraph (1), by inserting after the

2 first sentence the following: ‘‘A position of employment

3 under the Court that is provided primarily for the service

4 of one judge of the court, reports directly to the judge,

5 and is a position of a confidential character is excepted

6 from the competitive service.’’.

7 (2) The caption for such subsection is amended by

8 striking out ‘‘ATTORNEY’’ in the subsection caption and

9 inserting in lieu thereof ‘‘CERTAIN’’.

10 (c) REPEAL OF 13-YEAR SPECIAL LIMIT ON TERM

11 OF TRANSITIONAL JUDGE OF UNITED STATES COURT OF

12 APPEALS FOR THE ARMED FORCES.—(1) Subsection

13 (d)(2) of section 1301 of the National Defense Authoriza14 tion Act for Fiscal Years 1990 and 1991 (Public Law

15 101–189; 103 Stat. 1575; 10 U.S.C. 942 note) is amended

16 by striking out ‘‘to the judges who are first appointed to

17 the two new positions of the court created as of October

18 1, 1990—’’ and all that follows and inserting in lieu there19 of ‘‘to the judge who is first appointed to one of the two

20 new positions of the court created as of October 1, 1990,

21 as designated by the President at the time of appointment,

22 the anniversary referred to in subparagraph (A) of that

23 paragraph shall be treated as being the seventh anniver24 sary and the number of years referred to in subparagraph

25 (B) of that paragraph shall be treated as being seven.’’.
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1 (2) Subsection (e)(1) of such section is amended by

2 striking out ‘‘each judge’’ and inserting in lieu thereof ‘‘a

3 judge’’.

4 SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLE5 MENT OF STRATEGIC NUCLEAR DELIVERY

6 SYSTEMS.

7 (a) FUNDING LIMITATION.—Funds available to the

8 Department of Defense may not be obligated or expended

9 during fiscal year 1997 for retiring or dismantling, or for

10 preparing to retire or dismantle, any of the following stra11 tegic nuclear delivery systems:

12 (1) B-52H bomber aircraft.

13 (2) Trident ballistic missile submarines.

14 (3) Minuteman III intercontinental ballistic

15 missiles.

16 (4) Peacekeeper intercontinental ballistic mis17 siles.

18 (b) WAIVER AUTHORITY.—If the START II Treaty

19 enters into force during fiscal year 1997, the Secretary

20 of Defense may waive the application of the limitation

21 under paragraphs (2), (3), and (4) of subsection (a) to

22 Trident ballistic missile submarines, Minuteman III inter23 continental ballistic missiles, and Peacekeeper interconti24 nental ballistic missiles, respectively, to the extent that the
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1 Secretary determines necessary in order to implement the

2 treaty.

3 (c) START II TREATY DEFINED.—In this section,

4 the term ‘‘START II Treaty’’ means the Treaty Between

5 the United States of America and the Russian Federation

6 on Further Reduction and Limitation of Strategic Offen7 sive Arms, signed at Moscow on January 3, 1993, includ8 ing the following protocols and memorandum of under9 standing, all such documents being integral parts of and

10 collectively referred to as the ‘‘START II Treaty’’ (con11 tained in Treaty Document 103–1):

12 (1) The Protocol on Procedures Governing

13 Elimination of Heavy ICBMs and on Procedures

14 Governing Conversion of Silo Launchers of Heavy

15 ICBMs Relating to the Treaty Between the United

16 States of America and the Russian Federation on

17 Further Reduction and Limitation of Strategic Of18 fensive Arms (also known as the ‘‘Elimination and

19 Conversion Protocol’’).

20 (2) The Protocol on Exhibitions and Inspec21 tions of Heavy Bombers Relating to the Treaty Be22 tween the United States and the Russian Federation

23 on Further Reduction and Limitation of Strategic

24 Offensive Arms (also known as the ‘‘Exhibitions and

25 Inspections Protocol’’).
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1 (3) The Memorandum of Understanding on

2 Warhead Attribution and Heavy Bomber Data Re3 lating to the Treaty Between the United States of

4 America and the Russian Federation on Further Re5 duction and Limitation of Strategic Offensive Arms

6 (also known as the ‘‘Memorandum on Attribution’’).

7 (d) RETENTION OF B–52H AIRCRAFT ON ACTIVE

8 STATUS.—(1) The Secretary of the Air Force shall main9 tain in active status (including the performance of stand10 ard maintenance and upgrades) the current fleet of B–

11 52H bomber aircraft.

12 (2) For purposes of carrying out upgrades of B–52H

13 bomber aircraft during fiscal year 1997, the Secretary

14 shall treat the entire current fleet of such aircraft as air15 craft expected to be maintained in active status during the

16 five-year period beginning on October 1, 1996.

17 SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT

18 OF DEFENSE ORGANIZATIONS.

19 (a) NORTH AMERICAN AEROSPACE DEFENSE COM20 MAND.—Section 162 of title 10, United States Code, is

21 amended in paragraphs (1), (2), and (3) of subsection (a)

22 by striking out ‘‘North American Air Defense Command’’

23 and inserting in lieu thereof ‘‘North American Aerospace

24 Defense Command’’.
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1 (b) DEFENSE DISTRIBUTION CENTER, ANNISTON.—

2 The Corporation for the Promotion of Rifle Practice and

3 Firearms Safety Act (title XVI of Public Law 104–106;

4 110 Stat. 515; 36 U.S.C. 5501 et seq.) is amended by

5 striking out ‘‘Anniston Army Depot’’ each place it appears

6 in the following provisions and inserting in lieu thereof

7 ‘‘Defense Distribution Depot, Anniston’’:

8 (1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).

9 (2) Section 1616(b) (36 U.S.C. 5506(b)).

10 (3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).

11 SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE

12 ARMED FORCES TO PERFORM NOTARIAL OR

13 CONSULAR ACTS.

14 Section 1044a(b) of title 10, United States Code, is

15 amended—

16 (1) in paragraph (1), by striking out ‘‘on active

17 duty or performing inactive-duty for training’’ and

18 inserting in lieu thereof ‘‘of the armed forces, includ19 ing members of reserve components who are judge

20 advocates (whether or not in a duty status)’’;

21 (2) in paragraph (3), by striking out ‘‘adjutants

22 on active duty or performing inactive-duty training’’

23 and inserting in lieu thereof ‘‘adjutants, including

24 members of reserve components acting as such an

25 adjutant (whether or not in a duty status)’’; and
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1 (3) in paragraph (4), by striking out ‘‘persons

2 on active duty or performing inactive-duty training’’

3 and inserting in lieu thereof ‘‘members of the armed

4 forces, including members of reserve components

5 (whether or not in a duty status),’’.

6 SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED

7 SERVICES AT NON-GOVERNMENT FACILITIES.

8 (a) USE OF NON-GOVERNMENT FACILITIES.—Sec9 tion 4105 of title 5, United States Code, is amended—

10 (1) by inserting ‘‘and members of a uniformed

11 service under the jurisdiction of the head of the

12 agency’’ after ‘‘employees of the agency’’; and

13 (2) by adding at the end the following: ‘‘For the

14 purposes of this section, the term ‘agency’ includes

15 a military department.’’.

16 (b) EXPENSES OF TRAINING.—Section 4109 of such

17 title is amended—

18 (1) in subsection (a)—

19 (A) in the matter preceding paragraph (1),

20 by striking out ‘‘under regulations prescribed

21 under section 4118(a)(8) of this title and’’;

22 (B) in paragraph (1), by inserting after

23 ‘‘an employee of the agency’’ the following: ‘‘,

24 or the pay of a member of a uniformed service

25 within the agency, who is’’; and
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1 (C) in paragraph (2)—

2 (i) in the matter preceding subpara3 graph (A), by inserting ‘‘or member of a

4 uniformed service’’ after ‘‘reimburse the

5 employee’’;

6 (ii) in subparagraph (A), by striking

7 out ‘‘commissioned officers of the National

8 Oceanic and Atmospheric Administration’’

9 and inserting in lieu thereof ‘‘a member of

10 a uniformed service’’; and

11 (iii) in subparagraph (B), by striking

12 out ‘‘commissioned officers of the National

13 Oceanic and Atmospheric Administration’’

14 and inserting in lieu thereof ‘‘a member of

15 a uniformed service’’; and

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

17 ‘‘(d) In the exercise of authority under subsection (a)

18 with respect to an employee of an agency, the head of the

19 agency shall comply with regulations prescribed under sec20 tion 4118(a)(8) of this title.

21 ‘‘(e) For the purposes of this section, the term ‘agen22 cy’ includes a military department.’’.
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1 SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR

2 TORTIOUS INFLICTION OF INJURY OR DIS3 EASE ON MEMBERS OF THE UNIFORMED

4 SERVICES.

5 (a) RECOVERY OF PAY AND ALLOWANCES.—Section

6 1 of Public Law 87–693 (42 U.S.C. 2651) is amended—

7 (1) in the first sentence of subsection (a)—

8 (A) by inserting ‘‘or pay for’’ after ‘‘re9 quired by law to furnish’’; and

10 (B) by striking out ‘‘or to be furnished’’

11 each place that phrase appears and inserting in

12 lieu thereof ‘‘, to be furnished, paid for, or to

13 be paid for’’;

14 (2) by redesignating subsections (b) and (c) as

15 subsections (d) and (e), respectively;

16 (3) by inserting after subsection (a), the follow17 ing new subsections:

18 ‘‘(b) If a member of the uniformed services is injured,

19 or contracts a disease, under circumstances creating a tort

20 liability upon a third person (other than or in addition

21 to the United States and except employers of seamen re22 ferred to in subsection (a)) for damages for such injury

23 or disease and the member is unable to perform the mem24 ber’s regular military duties as a result of the injury or

25 disease, the United States shall have a right (independent

26 of the rights of the member) to recover from the third
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1 person or an insurer of the third person, or both, the

2 amount equal to the total amount of the pay that accrues

3 and is to accrue to the member for the period for which

4 the member is unable to perform such duties as a result

5 of the injury or disease and is not assigned to perform

6 other military duties.

7 ‘‘(c)(1) If, pursuant to the laws of a State that are

8 applicable in a case of a member of the uniformed services

9 who is injured or contracts a disease as a result of tortious

10 conduct of a third person, there is in effect for such a

11 case (as a substitute or alternative for compensation for

12 damages through tort liability) a system of compensation

13 or reimbursement for expenses of hospital, medical, sur14 gical, or dental care and treatment or for lost pay pursu15 ant to a policy of insurance, contract, medical or hospital

16 service agreement, or similar arrangement, the United

17 States shall be deemed to be a third-party beneficiary of

18 such a policy, contract, agreement, or arrangement.

19 ‘‘(2) For the purposes of paragraph (1)—

20 ‘‘(A) the expenses incurred or to be incurred by

21 the United States for care and treatment for an in22 jured or diseased member as described in subsection

23 (a) shall be deemed to have been incurred by the

24 member;
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1 ‘‘(B) the cost to the United States of the pay

2 of the member as described in subsection (b) shall

3 be deemed to have been pay lost by the member as

4 a result of the injury or disease; and

5 ‘‘(C) the United States shall be subrogated to

6 any right or claim that the injured or diseased mem7 ber or the member’s guardian, personal representa8 tive, estate, dependents, or survivors have under a

9 policy, contract, agreement, or arrangement referred

10 to in paragraph (1) to the extent of the reasonable

11 value of the care and treatment and the total

12 amount of the pay deemed lost under subparagraph

13 (B).’’;

14 (4) in subsection (d), as redesignated by para15 graph (2), by inserting ‘‘or paid for’’ after ‘‘treat16 ment is furnished’’; and

17 (5) by adding at the end the following:

18 ‘‘(f)(1) Any amounts recovered under this section for

19 medical care and related services furnished by a military

20 medical treatment facility or similar military activity shall

21 be credited to the appropriation or appropriations support22 ing the operation of that facility or activity, as determined

23 under regulations prescribed by the Secretary of Defense.

24 ‘‘(2) Any amounts recovered under this section for

25 the cost to the United States of pay of an injured or dis-
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1 eased member of the uniformed services shall be credited

2 to the appropriation that supports the operation of the

3 command, activity, or other unit to which the member was

4 assigned at the time of the injury or illness, as determined

5 under regulations prescribed by the Secretary concerned.

6 ‘‘(g) For the purposes of this section:

7 ‘‘(A) The term ‘uniformed services’ has the

8 meaning given such term in section 1072(1) of title

9 10, United States Code.

10 ‘‘(B) The term ‘tortious conduct’ includes any

11 tortious omission.

12 ‘‘(C) The term ‘pay’, with respect to a member

13 of the uniformed services, means basic pay, special

14 pay, and incentive pay that the member is author15 ized to receive under title 37, United States Code,

16 or any other law providing pay for service in the uni17 formed services.

18 ‘‘(D) The term ‘Secretary concerned’ means—

19 ‘‘(i) the Secretary of Defense, with respect

20 to the Army, the Navy, the Air Force, the Ma21 rine Corps, and the Coast Guard (when it is op22 erating as a service in the Navy);

23 ‘‘(ii) the Secretary of Transportation, with

24 respect to the Coast Guard when it is not oper25 ating as a service in the Navy;
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1 ‘‘(iii) the Secretary of Health and Human

2 Services, with respect to the Commissioned

3 Corps of the Public Health Service; and

4 ‘‘(iv) the Secretary of Commerce, with re5 spect to the Commissioned Corps of the Na6 tional Oceanic and Atmospheric Administra7 tion.’’.

8 (b) CONFORMING AMENDMENTS.—Section 1 of Pub9 lic Law 87–693 (42 U.S.C. 2651) is amended—

10 (1) in the first sentence of subsection (a)—

11 (A) by inserting ‘‘(independent of the

12 rights of the injured or diseased person)’’ after

13 ‘‘a right to recover’’; and

14 (B) by inserting ‘‘, or that person’s in15 surer,’’ after ‘‘from said third person’’;

16 (2) in subsection (d), as redesignated by sub17 section (a)(2)—

18 (A) by striking out ‘‘such right,’’ and in19 serting in lieu thereof ‘‘a right under sub20 sections (a), (b), and (c)’’; and

21 (B) by inserting ‘‘, or the insurance carrier

22 or other entity responsible for the payment or

23 reimbursement of medical expenses or lost

24 pay,’’ after ‘‘the third person who is liable for
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1 the injury or disease’’ each place that it ap2 pears.

3 (c) APPLICABILITY.—The authority to collect pursu4 ant to the amendments made by this section shall apply

5 to expenses described in the first section of Public Law

6 87–693 (as amended by this section) that are incurred,

7 or are to be incurred, by the United States on or after

8 the date of the enactment of this Act, whether the event

9 from which the claim arises occurred before, on, or after

10 that date.

11 SEC. 1067. DISPLAY OF STATE FLAGS AT INSTALLATIONS

12 AND FACILITIES OF THE DEPARTMENT OF

13 DEFENSE.

14 (a) IN GENERAL.—Except as provided in subsection

15 (b) and notwithstanding any other provision of law, no

16 funds appropriated or otherwise made available to the De17 partment of Defense may be used to adopt or enforce any

18 rule or other prohibition that discriminates against the

19 display of the official flag of a particular State, territory,

20 or possession of the United States at an official ceremony

21 at any installation or other facility of the Department of

22 Defense at which the official flags of the other States, ter23 ritories, or possessions of the United States are being dis24 played.
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1 (b) POSITION AND MANNER OF DISPLAY.—The dis2 play of an official flag referred to in subsection (a) at an

3 installation or other facility of the Department shall be

4 governed by the provisions of section 3 of the Joint Reso5 lution of June 22, 1942 (56 Stat. 378, chapter 435; 36

6 U.S.C. 175), and any modification of such provisions

7 under section 8 of that Joint Resolution (36 U.S.C. 178).

8 SEC. 1068. GEORGE C. MARSHALL EUROPEAN CENTER FOR

9 STRATEGIC SECURITY STUDIES.

10 (a) AUTHORITY TO ACCEPT FUNDS, MATERIALS,

11 AND SERVICES.—(1) The Secretary of Defense may, on

12 behalf of the George C. Marshall European Center for

13 Strategic Security Studies, accept gifts or donations of

14 funds, materials (including research materials), property,

15 and services (including lecture services and faculty serv16 ices) from foreign governments, foundations and other

17 charitable organizations in foreign countries, and individ18 uals in foreign countries in order to defray the costs of

19 the operation of the Center.

20 (2) Funds received by the Secretary under paragraph

21 (1) shall be credited to appropriations available for the

22 Department of Defense for the George C. Marshall Euro23 pean Center for Strategic Security Studies. Funds so cred24 ited shall be merged with the appropriations to which cred25 ited and shall be available for the Center for the same
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1 purposes and same period as the appropriations with

2 which merged.

3 (b) PARTICIPATION OF FOREIGN NATIONS OTHER4 WISE PROHIBITED.—(1) The Secretary may permit rep5 resentatives of a foreign government to participate in a

6 program of the George C. Marshall European Center for

7 Strategic Security Studies, notwithstanding any other pro8 vision of law that would otherwise prevent representatives

9 of that foreign government from participating in the pro10 gram. Before doing so, the Secretary shall determine, in

11 consultation with the Secretary of State, that the partici12 pation of representatives of that foreign government in the

13 program is in the national interest of the United States.

14 (2) Not later than January 31 of each year, the Sec15 retary of Defense shall, with the assistance of the Director

16 of the Center, submit to Congress a report setting forth

17 the foreign governments permitted to participate in pro18 grams of the Center during the preceding year under the

19 authority provided in paragraph (1).

20 (c) WAIVER OF CERTAIN REQUIREMENTS FOR

21 BOARD OF VISITORS.—(1) The Secretary may waive the

22 application of any financial disclosure requirement im23 posed by law to a foreign member of the Board of Visitors

24 of the Center if that requirement would otherwise apply

25 to the member solely by reason of the service as a member
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1 of the Board. The authority under the preceding sentence

2 applies only in the case of a foreign member who serves

3 on the Board without compensation.

4 (2) Notwithstanding any other provision of law, a

5 member of the Board of Visitors may not be required to

6 register as an agent of a foreign government solely by rea7 son of service as a member of the Board.

8 SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN PARTICI9 PANTS IN THE DEFENSE OF PEARL HARBOR

10 THE CONGRESSIONAL MEDAL PREVIOUSLY

11 AUTHORIZED ONLY FOR MILITARY PARTICI12 PANTS IN THE DEFENSE OF PEARL HARBOR.

13 (a) AUTHORITY.—The Speaker of the House of Rep14 resentatives and the President pro tempore of the Senate

15 are authorized jointly to present, on behalf of Congress,

16 a bronze medal provided for under section 1492 of the

17 National Defense Authorization Act for Fiscal Year 1991

18 (104 Stat. 1721) to any person who meets the eligibility

19 requirements set forth in subsection (d) of that section

20 other than the requirement for membership in the Armed

21 Forces, as certified under subsection (e) of that section

22 or under subsection (b) of this section.

23 (b) CERTIFICATION.—The Secretary of Defense shall,

24 not later than 12 months after the date of the enactment

25 of this Act, certify to the Speaker of the House of Rep-
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1 resentatives and the President pro tempore of the Senate

2 the names of persons who are eligible for award of the

3 medal under this Act and have not previously been cer4 tified under section 1492(e) of the National Defense Au5 thorization Act for Fiscal Year 1991.

6 (c) APPLICATIONS.—Subsections (d)(2) and (f) of

7 section 1492 of the National Defense Authorization Act

8 for Fiscal Year 1991 shall apply in the administration of

9 this Act.

10 (d) ADDITIONAL STRIKING AUTHORITY.—The Sec11 retary of the Treasury shall strike such additional medals

12 as may be necessary for presentation under the authority

13 of subsection (a).

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated such sum as may be nec16 essary to carry out this section.

17 (f) RETROACTIVE EFFECTIVE DATE.—The authority

18 under subsection (a) shall be effective as of November 5,

19 1990.

20 SEC. 1070. MICHAEL O’CALLAGHAN FEDERAL HOSPITAL,

21 LAS VEGAS, NEVADA.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) Michael O’Callaghan, former Governor of

25 the State of Nevada, served in three branches of the
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1 Armed Forces of the United States, namely, the

2 Army, the Air Force, and the Marine Corps.

3 (2) At 16 years of age, Michael O’Callaghan en4 listed in the United States Marine Corps to serve

5 during the end of World War II.

6 (3) During the Korean conflict, Michael

7 O’Callaghan served successively in the Air Force and

8 the Army and, during such service, suffered wounds

9 in combat that necessitated the amputation of his

10 left leg.

11 (4) Michael O’Callaghan was awarded the Sil12 ver Star, the Bronze Star with Valor Device, and the

13 Purple Heart for his military service.

14 (5) In 1963, Michael O’Callaghan became the

15 first director of the Health and Welfare Department

16 of the State of Nevada.

17 (6) In 1970, Michael O’Callaghan became Gov18 ernor of the State of Nevada and served in that po19 sition through 1978, making him one of only five

20 two-term governors in the history of the State of Ne21 vada.

22 (7) In 1982, Michael O’Callaghan received the

23 Air Force Exceptional Service Award.

24 (8) It is appropriate to name the Nellis Federal

25 Hospital, Las Vegas, Nevada, a hospital operated
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1 jointly by the Department of Defense, through Nellis

2 Air Force Base, and the Department of Veterans

3 Affairs, through the Las Vegas Veterans Affairs

4 Outpatient Clinic, after Michael O’Callaghan, a man

5 who (A) has served his country with honor in three

6 branches of the Armed Forces, (B) as a disabled

7 veteran knows personally the tragic sacrifices that

8 are so often made in the service of his country in the

9 Armed Forces, and (C) has spent his entire career

10 working to improve the lives of all Nevadans.

11 (b) DESIGNATION OF MICHAEL O’CALLAGHAN FED12 ERAL HOSPITAL.—The Nellis Federal Hospital, a Federal

13 building located at 4700 North Las Vegas Boulevard, Las

14 Vegas, Nevada, is designated as the ‘‘Michael O’Callaghan

15 Federal Hospital’’.

16 (c) REFERENCES.—Any reference in a law, map, reg17 ulation, document, paper, or other record of the United

18 States to the Federal building referred to in subsection

19 (b) shall be deemed to be a reference to the ‘‘Michael

20 O’Callaghan Federal Hospital’’.

21 SEC. 1071. NAMING OF BUILDING AT THE UNIFORMED

22 SERVICES UNIVERSITY OF THE HEALTH

23 SCIENCES.

24 It is the sense of the Senate that the Secretary of

25 Defense should name Building A at the Uniformed Serv-
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1 ices University of the Health Sciences as the ‘‘David Pack2 ard Building’’.

3 SEC. 1072. SENSE OF THE SENATE REGARDING THE UNITED

4 STATES–JAPAN SEMICONDUCTOR TRADE

5 AGREEMENT.

6 (a) FINDINGS.—The Senate makes the following

7 findings:

8 (1) The United States and Japan share a long

9 and important bilateral relationship which serves as

10 an anchor of peace and stability in the Asia Pacific

11 region, an alliance which was reaffirmed at the re12 cent summit meeting between President Clinton and

13 Prime Minister Hashimoto in Tokyo.

14 (2) The Japanese economy has experienced dif15 ficulty over the past few years, demonstrating that

16 it is no longer possible for Japan, the world’s second

17 largest economy, to use exports as the sole engine of

18 economic growth, but that the Government of Japan

19 must promote deregulation of its domestic economy

20 in order to increase economic growth.

21 (3) Deregulation of the Japanese economy re22 quires government attention to the removal of bar23 riers to imports of manufactured goods.

24 (4) The United States-Japan Semiconductor

25 Trade Agreement has begun the process of deregula-
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1 tion in the semiconductor sector and is opening the

2 Japanese market to competitive foreign products.

3 (5) The United States-Japan Semiconductor

4 Trade Agreement has put in place both government5 to-government and industry-to-industry mechanisms

6 which have played a vital role in allowing coopera7 tion to replace conflict in this important high tech8 nology sector.

9 (6) The mechanisms include joint calculation of

10 foreign market share, deterrence of dumping, and

11 promotion of industrial cooperation in the design of

12 foreign semiconductor devices.

13 (7) Because of these actions under the United

14 States-Japan Semiconductor Trade Agreement, the

15 United States and Japan today enjoy trade in semi16 conductors which is mutually beneficial, harmonious,

17 and free from the friction that once characterized

18 the semiconductor industry.

19 (8) Because of structural barriers in Japan, a

20 gap still remains between the share of the world

21 market for semiconductor products outside Japan

22 that the United States and other foreign semi23 conductor sources are able to capture through com24 petitiveness and the share of the Japanese semi25 conductor market that the United States and those
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1 other sources are able to capture through competi2 tiveness, and that gap is consistent across the full

3 range of semiconductor products as well as a full

4 range of end-use applications.

5 (9) The competitiveness and health of the Unit6 ed States semiconductor industry is of critical im7 portance to the overall economic well-being and high

8 technology defense capabilities of the United States.

9 (10) The economic interests of both the United

10 States and Japan are best served by well function11 ing, open markets, deterrence of dumping, and con12 tinuing good cooperative relationships in all sectors,

13 including semiconductors.

14 (11) A strong and healthy and military and po15 litical alliance between the United States and Japan

16 requires continuation of the industrial and economic

17 cooperation promoted by the United States-Japan

18 Semiconductor Trade Agreement.

19 (12) President Clinton has called on the Gov20 ernment of Japan to agree to a continuation of a

21 United States-Japan Semiconductor Trade Agree22 ment beyond the current agreement’s expiration on

23 July 31, 1996.

24 (13) The Government of Japan has opposed

25 any continuation of a government-to-government
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1 agreement to promote cooperation in United States2 Japan semiconductor trade.

3 (b) SENSE OF SENATE.—It is the sense of the Senate

4 that—

5 (1) it is regrettable that the Government of

6 Japan has refused to consider continuation of a gov7 ernment-to-government agreement to ensure that co8 operation continues in the semiconductor sector be9 yond the expiration of the Semiconductor Trade

10 Agreement on July 31, 1996; and

11 (2) the President should take all necessary and

12 appropriate actions to ensure the continuation of a

13 government-to-government United States-Japan

14 Semiconductor Trade Agreement before the current

15 agreement expires on that date.

16 (c) DEFINITION.—As used in this section, the term

17 ‘‘United States-Japan Semiconductor Trade Agreement’’

18 refers to the agreement between the United States and

19 Japan concerning trade in semiconductor products, with

20 arrangement, done by exchange of letters at Washington

21 on June 11, 1991.

22 SEC. 1073. FOOD DONATION PILOT PROGRAM AT THE SERV23 ICE ACADEMIES.

24 (a) PROGRAM AUTHORIZED.—The Secretaries of the

25 military departments and the Secretary of Transportation
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1 may each carry out a food donation pilot program at the

2 service academy under the jurisdiction of the Secretary.

3 (b) DONATIONS AND COLLECTIONS OF FOOD AND

4 GROCERY PRODUCTS.—Under the pilot program, the Sec5 retary concerned may donate to, and permit others to col6 lect for, a nonprofit organization any food or grocery prod7 uct that—

8 (1) is—

9 (A) an apparently wholesome food;

10 (B) an apparently fit grocery product; or

11 (C) a food or grocery product that is do12 nated in accordance with section 402(e) of the

13 National and Community Service Act of 1990

14 (42 U.S.C. 12672(e));

15 (2) is owned by the United States;

16 (3) is located at a service academy under the

17 jurisdiction of the Secretary; and

18 (4) is excess to the requirements of the acad19 emy.

20 (c) PROGRAM COMMENCEMENT.—The Secretary con21 cerned shall commence carrying out the pilot program, if

22 at all, during fiscal year 1997.

23 (d) APPLICABILITY OF GOOD SAMARITAN FOOD DO24 NATION ACT..—Section 402 of the National and Commu25 nity Service Act of 1990 (42 U.S.C. 12672) shall apply
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1 to donations and collections of food and grocery products

2 under the pilot program without regard to section 403 of

3 such Act (42 U.S.C. 12673).

4 (e) REPORTS.—(1) Each Secretary that carries out

5 a pilot program at a service academy under this section

6 shall submit to Congress an interim report and a final re7 port on the pilot program.

8 (2) The Secretary concerned shall submit the interim

9 report not later than one year after the date on which the

10 Secretary commences the pilot program at a service acad11 emy.

12 (3) The Secretary concerned shall submit the final

13 report not later than 90 days after the Secretary com14 pletes the pilot program at a service academy.

15 (4) Each report shall include the following:

16 (A) A description of the conduct of the pilot

17 program.

18 (B) A discussion of the experience under the

19 pilot program.

20 (C) An evaluation of the extent to which section

21 402 of the National and Community Service Act of

22 1990 (42 U.S.C. 12672) has been effective in pro23 tecting the United States and others from liabilities

24 associated with actions taken under the pilot pro25 gram.
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1 (D) Any recommendations for legislation to fa2 cilitate donations or collections of excess food and

3 grocery products of the United States or others for

4 nonprofit organizations.

5 (f) DEFINITIONS.—In this section:

6 (1) The term ‘‘service academy’’ means each of

7 the following:

8 (A) The United States Military Academy.

9 (B) The United States Naval Academy.

10 (C) The United States Air Force Academy.

11 (D) The United States Coast Guard Acad12 emy.

13 (2) The term ‘‘Secretary concerned’’ means the

14 following:

15 (A) The Secretary of the Army, with re16 spect to the United States Military Academy.

17 (B) The Secretary of the Navy, with re18 spect to the United States Naval Academy.

19 (C) The Secretary of the Air Force, with

20 respect to the United States Air Force Acad21 emy.

22 (D) The Secretary of Transportation, with

23 respect to the United States Coast Guard Acad24 emy.
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1 (3) The terms ‘‘apparently fit grocery product’’,

2 ‘‘apparently wholesome food’’, ‘‘donate’’, ‘‘food’’, and

3 ‘‘grocery product’’ have the meanings given those

4 terms in section 402(b) of the National and Commu5 nity Service Act of 1990 (42 U.S.C. 12672(b)).

6 SEC. 1074. DESIGNATION OF MEMORIAL AS NATIONAL D–

7 DAY MEMORIAL.

8 (a) DESIGNATION.—The memorial to be constructed

9 by the National D–Day Memorial Foundation in Bedford,

10 Virginia, is hereby designated as a national memorial to

11 be known as the ‘‘National D–Day Memorial’’. The memo12 rial shall serve to honor the members of the Armed Forces

13 of the United States who served in the invasion of Nor14 mandy, France, in June 1944.

15 (b) PUBLIC PROCLAMATION.—The President is re16 quested and urged to issue a public proclamation acknowl17 edging the designation of the memorial to be constructed

18 by the National D–Day Memorial Foundation in Bedford,

19 Virginia, as the National D–Day Memorial.

20 (c) MAINTENANCE OF MEMORIAL.—All expenses for

21 maintenance and care of the memorial shall be paid for

22 with non-Federal funds, including funds provided by the

23 National D–Day Memorial Foundation. The United States

24 shall not be liable for any expense incurred for the mainte25 nance and care of the memorial.
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1 SEC. 1075. IMPROVEMENTS TO NATIONAL SECURITY EDU2 CATION PROGRAM.

3 (a) REPEAL OF TEMPORARY REQUIREMENT RELAT4 ING TO EMPLOYMENT.—Title VII of the Department of

5 Defense Appropriations Act, 1996 (Public Law 104–61;

6 109 Stat. 650), is amended under the heading ‘‘NATIONAL

7 SECURITY EDUCATION TRUST FUND’’ by striking out the

8 proviso.

9 (b) GENERAL PROGRAM REQUIREMENTS.—Sub10 section (a)(1) of section 802 of the David L. Boren Na11 tional Security Education Act of 1991 (title VIII of Public

12 Law 102–183; 50 U.S.C. 1902) is amended—

13 (1) by striking out subparagraph (A) and in14 serting in lieu thereof the following new subpara15 graph (A):

16 ‘‘(A) awarding scholarships to undergradu17 ate students who—

18 ‘‘(i) are United States citizens in

19 order to enable such students to study, for

20 at least one academic semester or equiva21 lent term, in foreign countries that are

22 critical countries (as determined under sec23 tion 803(d)(4)(A) of this title) in those

24 languages and study areas where defi25 ciencies exist (as identified in the assess-
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1 ments undertaken pursuant to section

2 806(d) of this title); and

3 ‘‘(ii) pursuant to subsection (b)(2)(A)

4 of this section, enter into an agreement to

5 work for, and make their language skills

6 available to, an agency or office of the

7 Federal Government or work in the field of

8 higher education in the area of study for

9 which the scholarship was awarded;’’; and

10 (2) in subparagraph (B)—

11 (A) in clause (i), by inserting ‘‘relating to

12 the national security interests of the United

13 States’’ after ‘‘international fields’’; and

14 (B) in clause (ii)—

15 (i) by striking out ‘‘subsection (b)(2)’’

16 and inserting in lieu thereof ‘‘subsection

17 (b)(2)(B)’’; and

18 (ii) by striking out ‘‘work for an agen19 cy or office of the Federal Government or

20 in’’ and inserting in lieu thereof ‘‘work for,

21 and make their language skills available to,

22 an agency or office of the Federal Govern23 ment or work in’’.

24 (c) SERVICE AGREEMENT.—Subsection (b) of that

25 section is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking out ‘‘, or of scholarships’’ and all that fol3 lows through ‘‘12 months or more,’’ and inserting in

4 lieu thereof ‘‘or any scholarship’’.

5 (2) by striking out paragraph (2) and inserting

6 in lieu thereof the following new paragraph (2):

7 ‘‘(2) will—

8 ‘‘(A) not later than eight years after such

9 recipient’s completion of the study for which

10 scholarship assistance was provided under the

11 program, and in accordance with regulations is12 sued by the Secretary—

13 ‘‘(i) work in an agency or office of the

14 Federal Government having national secu15 rity responsibilities (as determined by the

16 Secretary in consultation with the National

17 Security Education Board) and make

18 available such recipient’s foreign language

19 skills to an agency or office of the Federal

20 Government approved by the Secretary (in

21 consultation with the Board), upon the re22 quest of the agency or office, for a period

23 specified by the Secretary, which period

24 shall be no longer than the period for
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1 which scholarship assistance was provided;

2 or

3 ‘‘(ii) if the recipient demonstrates to

4 the Secretary (in accordance with such

5 regulations) that no position in an agency

6 or office of the Federal Government having

7 national security responsibilities is avail8 able, work in the field of higher education

9 in a discipline relating to the foreign coun10 try, foreign language, area study, or inter11 national field of study for which the schol12 arship was awarded, for a period specified

13 by the Secretary, which period shall be de14 termined in accordance with clause (i); or

15 ‘‘(B) upon completion of such recipient’s

16 education under the program, and in accord17 ance with such regulations—

18 ‘‘(i) work in an agency or office of the

19 Federal Government having national secu20 rity responsibilities (as so determined) and

21 make available such recipient’s foreign lan22 guage skills to an agency or office of the

23 Federal Government approved by the Sec24 retary (in consultation with the Board),

25 upon the request of the agency or office,
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1 for a period specified by the Secretary,

2 which period shall be not less than one and

3 not more than three times the period for

4 which the fellowship assistance was pro5 vided; or

6 ‘‘(ii) if the recipient demonstrates to

7 the Secretary (in accordance with such

8 regulations) that no position in an agency

9 or office of the Federal Government having

10 national security responsibilities is avail11 able upon the completion of the degree,

12 work in the field of higher education in a

13 discipline relating to the foreign country,

14 foreign language, area study, or inter15 national field of study for which the fellow16 ship was awarded, for a period specified by

17 the Secretary, which period shall be estab18 lished in accordance with clause (i); and’’.

19 (d) EVALUATION OF PROGRESS IN LANGUAGE

20 SKILLS.—Such section 802 is further amended by—

21 (1) redesignating subsections (c), (d), and (e)

22 as subsections (d), (e), and (f), respectively; and

23 (2) by inserting after subsection (b) the follow24 ing new subsection (c):
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1 ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE

2 SKILLS.—The Secretary shall, through the National Secu3 rity Education Program office, administer a test of the

4 foreign language skills of each recipient of a scholarship

5 or fellowship under this title before the commencement of

6 the study or education for which the scholarship or fellow7 ship is awarded and after the completion of such study

8 or education. The purpose of the tests is to evaluate the

9 progress made by recipients of scholarships and fellow10 ships in developing foreign language skills as a result of

11 assistance under this title.’’.

12 (e) FUNCTIONS OF THE NATIONAL SECURITY EDU13 CATION BOARD.—Section 803(d) of that Act (50 U.S.C.

14 1903(d)) is amended—

15 (1) in paragraph (1), by inserting ‘‘, including

16 an order of priority in such awards that favors indi17 viduals expressing an interest in national security is18 sues or pursuing a career in an agency or office of

19 the Federal Government having national security re20 sponsibilities’’ before the period;

21 (2) in paragraph (4)—

22 (A) in the matter preceding subparagraph

23 (A), by striking out ‘‘Make recommendations’’

24 and inserting in lieu thereof ‘‘After taking into

25 account the annual analyses of trends in lan-
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1 guage, international, and area studies under

2 section 806(b)(1), make recommendations’’;

3 (B) in subparagraph (A), by inserting

4 ‘‘and countries which are of importance to the

5 national security interests of the United States’’

6 after ‘‘are studying’’; and

7 (C) in subparagraph (B), by inserting ‘‘re8 lating to the national security interests of the

9 United States’’ after ‘‘of this title’’;

10 (3) by redesignating paragraph (5) as para11 graph (7); and

12 (4) by inserting after paragraph (4) the follow13 ing new paragraphs:

14 ‘‘(5) Encourage applications for fellowships

15 under this title from graduate students having an

16 educational background in disciplines relating to

17 science or technology.

18 ‘‘(6) Provide the Secretary on an on-going basis

19 with a list of scholarship recipients and fellowship

20 recipients who are available to work for, or make

21 their language skills available to, an agency or office

22 of the Federal Government having national security

23 responsibilities.’’.

24 (f) REPORT ON PROGRAM.—(1) Not later than six

25 months after the date of the enactment of this Act, the
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1 Secretary of Defense shall submit to Congress a report

2 assessing the improvements to the program established

3 under the David L. Boren National Security Education

4 Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C.

5 1901 et seq.) that result from the amendments made by

6 this section.

7 (2) The report shall also include an assessment of

8 the contribution of the program, as so improved, in meet9 ing the national security objectives of the United States.

10 SEC. 1076. REIMBURSEMENT FOR EXCESSIVE COMPENSA11 TION OF CONTRACTOR PERSONNEL PROHIB12 ITED.

13 (a) ARMED SERVICES PROCUREMENTS.—Section

14 2324(e)(1) of title 10, United States Code, is amended

15 by adding at the end the following:

16 ‘‘(P) Costs of compensation (including bo17 nuses and other incentives) paid with respect to

18 the services (including termination of services)

19 of any one individual to the extent that the

20 total amount of the compensation paid in a fis21 cal year exceeds $200,000.’’.

22 (b) CIVILIAN AGENCY PROCUREMENTS.—Section

23 306(e)(1) of the Federal Property and Administrative

24 Services Act of 1949 (41 U.S.C. 256(e)(1)) is amended

25 by adding at the end the following:
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1 ‘‘(P) Costs of compensation (including bo2 nuses and other incentives) paid with respect to

3 the services (including termination of services)

4 of any one individual to the extent that the

5 total amount of the compensation paid in a fis6 cal year exceeds $200,000.’’.

7 SEC. 1077. SENSE OF THE SENATE ON DEPARTMENT OF DE8 FENSE SHARING OF EXPERIENCES UNDER

9 MILITARY YOUTH PROGRAMS.

10 (a) FINDINGS.—The Senate makes the following

11 findings:

12 (1) Programs of the Department of Defense for

13 youth who are dependents of members of the Armed

14 Forces have not received the same level of attention

15 and resources as have child care programs of the

16 Department since the passage of the Military Child

17 Care Act of 1989 (title XV of Public Law 101–189;

18 10 U.S.C. 113 note).

19 (2) Older children deserve as much attention to

20 their developmental needs as do younger children.

21 (3) The Department has started to direct more

22 attention to programs for youths who are depend23 ents of members of the Armed Forces by funding

24 the implementation of 20 model community pro25 grams to address the needs of such youths.
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1 (4) The lessons learned from such programs

2 could apply to civilian youth programs as well.

3 (b) SENSE OF SENATE.—It is the sense of the Senate

4 that—

5 (1) the Department of Defense, Federal, State,

6 and local agencies, and businesses and communities

7 involved in conducting youth programs could benefit

8 from the development of partnerships to foster an

9 exchange of ideas, information, and materials relat10 ing to such programs and to encourage closer rela11 tionships between military installations and the com12 munities that support them;

13 (2) such partnerships could benefit all families

14 by helping the providers of services for youths ex15 change ideas about innovative ways to address bar16 riers to the effective provision of such services; and

17 (3) there are many ways that such partnerships

18 could be developed, including—

19 (A) cooperation between the Department

20 and Federal and State educational agencies in

21 exploring the use of public school facilities for

22 child care programs and youth programs that

23 are mutually beneficial to the Department and

24 civilian communities and complement programs
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1 of the Department carried out at its facilities;

2 and

3 (B) improving youth programs that enable

4 adolescents to relate to new peer groups when

5 families of members of the Armed Forces are

6 relocated.

7 (c) REPORT.—Not later than June 30, 1997, the Sec8 retary of Defense shall submit to Congress a report on

9 the status of any initiatives undertaken this section, in10 cluding recommendations for additional ways to improve

11 the youth programs of the Department of Defense and to

12 improve such programs so as to benefit communities in

13 the vicinity of military installations.

14 SEC. 1078. SENSE OF THE SENATE ON DEPARTMENT OF DE15 FENSE SHARING OF EXPERIENCES WITH

16 MILITARY CHILD CARE.

17 (a) FINDINGS.—The Senate makes the following

18 findings:

19 (1) The Department of Defense should be con20 gratulated on the successful implementation of the

21 Military Child Care Act of 1989 (title XV of Public

22 Law 101–189; 10 U.S.C. 113 note).

23 (2) The actions taken by the Department as a

24 result of that Act have dramatically improved the

25 availability, affordability, quality, and consistency of
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1 the child care services provided to members of the

2 Armed Forces.

3 (3) Child care is important to the readiness of

4 members of the Armed Forces because single par5 ents and couples in military service must have access

6 to affordable child care of good quality if they are

7 to perform their jobs and respond effectively to long

8 work hours or deployments.

9 (4) Child care is important to the retention of

10 members of the Armed Forces in military service be11 cause the dissatisfaction of the families of such

12 members with military life is a primary reason for

13 the departure of such members from military serv14 ice.

15 (b) SENSE OF SENATE.—It is the sense of the Senate

16 that—

17 (1) the civilian and military child care commu18 nities, Federal, State, and local agencies, and busi19 nesses and communities involved in the provision of

20 child care services could benefit from the develop21 ment of partnerships to foster an exchange of ideas,

22 information, and materials relating to their experi23 ences with the provision of such services and to en24 courage closer relationships between military instal25 lations and the communities that support them;
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1 (2) such partnerships would be beneficial to all

2 families by helping providers of child care services

3 exchange ideas about innovative ways to address

4 barriers to the effective provision of such services;

5 and

6 (3) there are many ways that these partner7 ships can be developed, including—

8 (A) cooperation between the directors and

9 curriculum specialists of military child develop10 ment centers and civilian child development

11 centers in assisting such centers in the accredi12 tation process;

13 (B) use of family support staff to conduct

14 parent and family workshops for new parents

15 and parents with young children in family hous16 ing on military installations and in communities

17 in the vicinity of such installations;

18 (C) internships in Department of Defense

19 child care programs for civilian child care pro20 viders to broaden the base of good-quality child

21 care services in communities in the vicinity of

22 military installations; and

23 (D) attendance by civilian child care pro24 viders at Department child-care training classes

25 on a space-available basis.
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1 (c) REPORT.—Not later than June 30, 1997, the Sec2 retary of Defense shall submit to Congress a report on

3 the status of any initiatives undertaken this section, in4 cluding recommendations for additional ways to improve

5 the child care programs of the Department of Defense and

6 to improve such programs so as to benefit civilian child

7 care providers in communities in the vicinity of military

8 installations.

9 SEC. 1079. INCREASE IN PENALTIES FOR CERTAIN TRAFFIC

10 OFFENSES ON MILITARY INSTALLATIONS.

11 Section 4 of the Act of June 1, 1948 (40 U.S.C.

12 318c) is amended to read as follows:

13 ‘‘SEC. 4. (a) Except as provided in subsection (b),

14 whoever shall violate any rule or regulation promulgated

15 pursuant to section 2 of this Act may be fined not more

16 than $50 or imprisoned for not more than thirty days,

17 or both.

18 ‘‘(b) Whoever shall violate any rule or regulation for

19 the control of vehicular or pedestrian traffic on military

20 installations that is promulgated by the Secretary of De21 fense, or the designee of the Secretary, under the author22 ity delegated pursuant to section 2 of this Act may be

23 fined an amount not to exceed the amount of a fine for

24 a like or similar offense under the criminal or civil law

25 of the State, territory, possession, or district where the
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1 military installation is located, or imprisoned for not more

2 than thirty days, or both.’’.

3 SEC. 1080. PHARMACEUTICAL INDUSTRY SPECIAL EQUITY.

4 (a) SHORT TITLE.—This section may be cited as the

5 ‘‘Pharmaceutical Industry Special Equity Act of 1996’’.

6 (b) APPROVAL OF GENERIC DRUGS.—

7 (1) IN GENERAL.—With respect to any patent,

8 the term of which is modified under section

9 154(c)(1) of title 35, United States Code, as amend10 ed by the Uruguay Round Agreements Act (Public

11 Law 103–465; 108 Stat. 4983), the remedies of sec12 tion 271(e)(4) of title 35, United States Code, shall

13 not apply if—

14 (A) such patent is the subject of a certifi15 cation described under—

16 (i) section 505 (b)(2)(A)(iv) or

17 (j)(2)(A)(vii)(IV) of the Federal Food,

18 Drug, and Cosmetic Act (21 U.S.C. 355

19 (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV)); or

20 (ii) section 512(n)(1)(H)(iv) of such

21 Act (21 U.S.C. 360b(n)(1)(H)(iv));

22 (B) on or after the date of enactment of

23 this section, such a certification is made in an

24 application that was filed under section 505 or

25 512 of the Federal Food, Drug, and Cosmetic
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1 Act and accepted for filing by the Food and

2 Drug Administration prior to June 8, 1995;

3 and

4 (C) a final order, from which no appeal is

5 pending or may be made, has been entered in

6 an action brought under chapter 28 or 29 of

7 title 35, United States Code—

8 (i) finding that the person who sub9 mitted such certification made a substan10 tial investment of the type described under

11 section 154(c)(2) of title 35, United States

12 Code, as amended by the Uruguay Round

13 Agreements Act; and

14 (ii) establishing the amount of equi15 table remuneration of the type described

16 under section 154(c)(3) of title 35, United

17 States Code, as amended by the Uruguay

18 Round Agreements Act, that is required to

19 be paid by the person who submitted such

20 certification to the patentee for the prod21 uct that is the subject of the certification.

22 (2) DETERMINATION OF SUBSTANTIAL INVEST23 MENT.—In determining whether a substantial in24 vestment has been made in accordance with this sec25 tion, the court shall find that—
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1 (A) a complete application submitted under

2 section 505 or 512 of the Federal Food, Drug,

3 and Cosmetic Act was found by the Secretary

4 of Health and Human Services on or before

5 June 8, 1995 to be sufficiently complete to per6 mit substantive review; and

7 (B) the total sum of the investment made

8 by the person submitting such an application—

9 (i) is specifically related to the re10 search, development, manufacture, sale,

11 marketing, or other activities undertaken

12 in connection with, the product covered by

13 such an application; and

14 (ii) does not solely consist of that per15 son’s expenditures related to the develop16 ment and submission of the information

17 contained in such an application.

18 (3) EFFECTIVE DATE OF APPROVAL OF APPLI19 CATION.—In no event shall the Food and Drug Ad20 ministration make the approval of an application

21 under sections 505 or 512 of the Federal Food,

22 Drug, and Cosmetic Act, which is subject to the pro23 visions of this section, effective prior to the entry of

24 the order described in paragraph (1)(C).
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1 (4) APPLICABILITY.—The provisions of this

2 subsection shall not apply to any patent the term of

3 which, inclusive of any restoration period provided

4 under section 156 of title 35, United States Code,

5 would have expired on or after June 8, 1998, under

6 the law in effect on the date before December 8,

7 1994.

8 (c) APPLICATION OF CERTAIN BENEFITS AND TERM

9 EXTENSIONS TO ALL PATENTS IN FORCE ON A CERTAIN

10 DATE.—For the purposes of this section and the provi11 sions of title 35, United States Code, all patents in force

12 on June 8, 1995, including those in force by reason of

13 section 156 of title 35, United States Code, are entitled

14 to the full benefit of the Uruguay Round Agreements Act

15 of 1994 and any extension granted before such date under

16 section 156 of title 35, United States Code.

17 (d) EXTENSION OF PATENTS RELATING TO NON18 STEROIDAL ANTI-INFLAMMATORY DRUGS.—

19 (1) IN GENERAL.—Notwithstanding section 154

20 of title 35, United States Code, the term of patent

21 shall be extended for any patent which encompasses

22 within its scope of composition of matter known as

23 a nonsteroidal anti-inflammatory drug if—
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1 (A) during the regulatory review of the

2 drug by the Food and Drug Administration the

3 patentee—

4 (i) filed a new drug application in

5 1982 under section 505 of the Federal

6 Food, Drug and Cosmetic Act (21 U.S.C.

7 355); and

8 (ii) awaited approval by the Food and

9 Drug Administration for at least 96

10 months; and

11 (B) such new drug application was ap12 proved in 1991.

13 (2) TERM.—The term of any patent described

14 in paragraph (1) shall be extended from its current

15 expiration date for a period of 2 years.

16 (3) NOTIFICATION.—No later than 90 days

17 after the date of enactment of this section, the pat18 entee of any patent described in paragraph (1) shall

19 notify the Commissioner of Patents and Trademarks

20 of the number of any patent extended under such

21 paragraph. On receipt of such notice, the Commis22 sioner shall confirm such extension by placing a no23 tice thereof in the official file of such patent and

24 publishing an appropriate notice of such extension in
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1 the Official Gazette of the Patent and Trademark

2 Office.

3 (e) EXPEDITED PROCEDURES FOR CIVIL ACTIONS.—

4 (1) APPLICATION.—(A) This subsection applies

5 to any civil action in a court of the United States

6 brought to determine the rights of the parties under

7 this section, including any determination made

8 under subsection (b).

9 (B) For purposes of this subsection the term

10 ‘‘civil action’’ refers to a civil action described under

11 subparagraph (A).

12 (2) SUPERSEDING PROVISIONS.—Procedures

13 adopted under this subsection shall supersede any

14 provision of title 28, United States Code, the Fed15 eral Rules of Civil Procedure, or the Federal Rules

16 of Appellate Procedure to the extent of any incon17 sistency.

18 (3) PROCEDURES IN DISTRICT COURT.—No

19 later than 60 days after the date of the enactment

20 of this Act, each district court of the United States

21 shall adopt procedures to—

22 (A) provide for priority in consideration of

23 civil actions on an expedited basis, including

24 consideration of determinations relating to sub-
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1 stantial investment, equitable remuneration,

2 and equitable compensation;

3 (B) provide that—

4 (i) no later than 10 days after a party

5 files an answer to a complaint filed in a

6 civil action the court shall order that all

7 discovery (including a hearing on any dis8 covery motions) shall be completed no later

9 than 60 days after the date on which the

10 court enters the order; and

11 (ii) the court may grant a single ex12 tension of the 60-day period referred to

13 under clause (i) for an additional period of

14 no more than 30 days upon a showing of

15 good cause;

16 (C) require any dispositive motion in a civil

17 action to be filed no later than 30 days after

18 completion of discovery;

19 (D) require that—

20 (i) if a dispositive motion is filed in a

21 civil action, the court shall rule on such a

22 motion no later than 30 days after the

23 date on which the motion is filed;
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1 (ii) the court shall begin the trial of a

2 civil action no later than 60 days after the

3 later of—

4 (I) the date on which discovery is

5 completed in accordance with sub6 paragraph (B); or

7 (II) the last day of the 30-day

8 period referred to under clause (i), if

9 a dispositive motion is filed;

10 (E) require that if a person does not hold

11 the patent which is the subject of a civil action

12 and is the prevailing party in the civil action,

13 the court shall order the nonprevailing party to

14 pay damages to the prevailing party;

15 (F) the damages payable to such persons

16 shall include—

17 (i) the costs resulting from the delay

18 caused by the civil action; and

19 (ii) lost profits from such delay; and

20 (G) provide that the prevailing party in a

21 civil action shall be entitled to recover reason22 able attorney’s fees and court costs.

23 (4) PROCEDURES IN FEDERAL CIRCUIT

24 COURT.—No later than 60 days after the date of the

25 enactment of this Act, the United States Court of
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1 Appeals for the Federal Circuit shall adopt proce2 dures to provide for expedited considerations of civil

3 actions brought under this Act.

4 SEC. 1081. CLARIFICATION OF NATIONAL SECURITY SYS5 TEMS TO WHICH THE INFORMATION TECH6 NOLOGY MANAGEMENT REFORM ACT OF 1996

7 APPLIES.

8 Section 5142(b) of the Information Technology Man9 agement Reform Act of 1996 (division E of Public Law

10 104–106; 110 Stat. 689; 40 U.S.C. 1452(b)) is amend11 ed—

12 (1) by striking out ‘‘(b) LIMITATION.—’’ and

13 inserting in lieu thereof ‘‘(b) LIMITATIONS.—(1)’’;

14 and

15 (2) by adding at the end the following:

16 ‘‘(2) Notwithstanding any other provision of this sec17 tion or any other provision of law, for the purposes of this

18 subtitle, a system that, in function, operation, or use, in19 volves the storage, processing, or forwarding of classified

20 information and is protected at all times by procedures

21 established for the handling of classified information shall

22 be considered as a national security system under the defi23 nition in subsection (a) only if the function, operation, or

24 use of the system—
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1 ‘‘(A) involves activities described in paragraph

2 (1), (2), or (3) of subsection (a);

3 ‘‘(B) involves equipment described in paragraph

4 (4) of subsection (a); or

5 ‘‘(C) is critical to an objective described in

6 paragraph (5) of subsection (a) and is not excluded

7 by paragraph (1) of this subsection.’’.

8 SEC. 1082. SALE OF CHEMICALS USED TO MANUFACTURE

9 CONTROLLED SUBSTANCES BY FEDERAL DE10 PARTMENTS OR AGENCIES.

11 A Federal department or agency may not sell from

12 the stocks of the department or agency any chemical

13 which, as determined by the Administrator of the Drug

14 Enforcement Agency, could be used in the manufacture

15 of a controlled substance as defined in section 102 of the

16 Controlled Substances Act (21 U.S.C. 802) unless the Ad17 ministrator certifies in writing to the head of the depart18 ment or agency that there is no reasonable cause to believe

19 that the sale of the chemical would result in the illegal

20 manufacture of a controlled substance.

21 SEC. 1083. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.

22 (a) STATUS OF EXCESS AIRCRAFT.—Operational

23 support airlift aircraft excess to the requirements of the

24 Department of Defense shall be placed in an inactive sta25 tus and stored at Davis-Monthan Air Force Base, Arizona,
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1 pending the completion of any study or analysis of the

2 costs and benefits of disposing of or operating such air3 craft that precedes a decision to dispose of or continue

4 to operate such aircraft.

5 (b) OPERATIONAL SUPPORT AIRLIFT AIRCRAFT DE6 FINED.—In this section, the term ‘‘operational support

7 airlift aircraft’’ has the meaning given such term in sec8 tion 1086(f) of the National Defense Authorization Act

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

10 458).

11 SEC. 1084. SENSE OF SENATE REGARDING BOSNIA AND

12 HERZEGOVINA.

13 It is the sense of the Senate that, notwithstanding

14 any other provision of law, in order to maximize the

15 amount of equipment provided to the Government of

16 Bosnia and Herzegovina under the authority contained in

17 section 540 of the Foreign Operations Act of 1996 (Public

18 Law 104–107), the price of the transferred equipment

19 shall not exceed the lowest level at which the same or simi20 lar equipment has been transferred to any other country

21 under any other United States Government program.
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1 SEC. 1085. STRENGTHENING CERTAIN SANCTIONS AGAINST

2 NUCLEAR PROLIFERATION ACTIVITIES.

3 (a) IN GENERAL.—Section 2(b)(4) of the Export-Im4 port Bank Act of 1945 (12 U.S.C. 635(b)(4)) is amend5 ed—

6 (1) by inserting after ‘‘any country has willfully

7 aided or abetted’’ the following: ‘‘, or any person has

8 knowingly aided or abetted,’’;

9 (2) by striking ‘‘or countries’’ and inserting ‘‘,

10 countries, person, or persons’’;

11 (3) by inserting after ‘‘United States exports to

12 such country’’ the following: ‘‘or, in the case of any

13 such person, give approval to guarantee, insure, or

14 extend credit, or participate in the extension of cred15 it in support of, exports to or by any such person

16 for a 12-month period,’’;

17 (4) by inserting ‘‘(A)’’ immediately after ‘‘(4)’’;

18 (5) by inserting after ‘‘United States exports to

19 such country’’ the second place it appears the follow20 ing: ‘‘, except as provided in subparagraph (B),’’;

21 and

22 (6) by adding at the end the following:

23 ‘‘(B) In the case of any country or person aiding or

24 abetting a non-nuclear-weapon state as described in sub25 paragraph (A), the prohibition on financing by the Bank

26 contained in the second sentence of that subparagraph
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1 shall not apply to the country or person, as the case may

2 be, if the President determines and certifies in writing to

3 the Congress that—

4 ‘‘(i) reliable information indicates that the

5 country or person with respect to which the deter6 mination is made has ceased to aid or abet any non7 nuclear-weapon state to acquire any nuclear explo8 sive device or to acquire unsafeguarded special nu9 clear material; and

10 ‘‘(ii) the President has received reliable assur11 ances from the country or person that such country

12 or person will not, in the future, aid or abet any

13 non-nuclear-weapon state in its efforts to acquire

14 any nuclear explosive device or any unsafeguarded

15 special nuclear material.

16 ‘‘(C) For purposes of subparagraphs (A) and (B)—

17 ‘‘(i) the term ‘country’ has the meaning given

18 to ‘foreign state’ in section 1603(a) of title 28, Unit19 ed States Code;

20 ‘‘(ii) the term ‘knowingly’ is used within the

21 meaning of the term ‘knowing’ in section 104 of the

22 Foreign Corrupt Practices Act; and

23 ‘‘(iii) the term ‘person’ means a natural person

24 as well as a corporation, business association, part25 nership, society, trust, any other nongovernmental
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1 entity, organization, or group, and any governmental

2 entity operating as a business enterprise, and any

3 successor of any such entity.’’.

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

5 by paragraphs (1) through (5) of subsection (a) shall

6 apply to persons, and the amendment made by subsection

7 (a)(6), shall apply to countries and persons, aiding or

8 abetting non-nuclear weapon states on or after June 29,

9 1994.

10 (2) Nothing in this section or the amendments made

11 by this section shall apply to obligations undertaken pur12 suant to guarantees, insurance, and the extension of cred13 its (and participation in the extension of credits) made be14 fore the date of enactment of this Act.

15 SEC. 1086. TECHNICAL AMENDMENT.

16 Paragraph (3) of section 8003(a) of the Elementary

17 and Secondary Education Act of 1965 (20 U.S.C.

18 7703(a)) is amended—

19 (1) by striking ‘‘2000 and such number equals

20 or exceeds 15’’ and inserting ‘‘1000 or such number

21 equals or exceeds 10’’; and

22 (2) by inserting ‘‘, except that notwithstanding

23 any other provision of this title the Secretary shall

24 not make a payment computed under this paragraph

25 for a child described in subparagraph (F) or (G) of
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1 paragraph (1) who is associated with Federal prop2 erty used for Department of Defense activities un3 less funds for such payment are made available to

4 the Secretary from funds available to the Secretary

5 of Defense’’ before the period.

6 SEC. 1087. FACILITY FOR MILITARY DEPENDENT CHILDREN

7 WITH DISABILITIES, LACKLAND AIR FORCE

8 BASE, TEXAS.

9 (a) FUNDING.—Of the amounts authorized to be ap10 propriated by this Act for the Department of the Air

11 Force, $2,000,000 may be available for the construction

12 at Lackland Air Force Base, Texas, of a facility (and sup13 porting infrastructure) to provide comprehensive care and

14 rehabilitation services to children with disabilities who are

15 dependents of members of the Armed Forces.

16 (b) TRANSFER OF FUNDS.—Subject to subsection

17 (c), the Secretary of the Air Force may grant the funds

18 available under subsection (a) to the Children’s Associa19 tion for Maximum Potential (CAMP) for use by the asso20 ciation to defray the costs of designing and constructing

21 the facility referred to in subsection (a).

22 (c) LEASE OF FACILITY.—(1) The Secretary may not

23 make a grant of funds under subsection (b) until the Sec24 retary and the association enter into an agreement under
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1 which the Secretary leases to the association the facility

2 to be constructed using the funds.

3 (2)(A) The term of the lease under paragraph (1)

4 may not be less than 25 years.

5 (B) As consideration for the lease of the facility, the

6 association shall assume responsibility for the operation

7 and maintenance of the facility, including the costs of such

8 operation and maintenance.

9 (3) The Secretary may require such additional terms

10 and conditions in connection with the lease as the Sec11 retary considers appropriate to protect the interests of the

12 United States.

13 SEC. 1088. PROHIBITION ON THE DISTRIBUTION OF INFOR14 MATION RELATING TO EXPLOSIVE MATE15 RIALS FOR A CRIMINAL PURPOSE.

16 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

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

18 following new subsection:

19 ‘‘(l) It shall be unlawful for any person to teach or

20 demonstrate the making of explosive materials, or to dis21 tribute by any means information pertaining to, in whole

22 or in part, the manufacture of explosive materials, if the

23 person intends or knows, that such explosive materials or

24 information will be used for, or in furtherance of, an activ-
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1 ity that constitutes a Federal criminal offense or a crimi2 nal purpose affecting interstate commerce.’’.

3 (b) PENALTY.—Section 844(a) of title 18, United

4 States Code, is amended—

5 (1) by striking ‘‘(a) Any person’’ and inserting

6 ‘‘(a)(1) Any person’’; and

7 (2) by adding at the end the following:

8 ‘‘(2) Any person who violates subsection (l) of section

9 842 of this chapter shall be fined under this title, impris10 oned not more than 20 years, or both.’’.

11 SEC. 1089. EXEMPTION FOR SAVINGS INSTITUTIONS SERV12 ING MILITARY PERSONNEL.

13 Section 10(m)(3)(F) of the Home Owners’ Loan Act

14 (12 U.S.C. 1467a(m)(3)(F)) is amended to read as fol15 lows:

16 ‘‘(F) EXEMPTION FOR SPECIALIZED SAV17 INGS ASSOCIATIONS SERVING CERTAIN MILI18 TARY PERSONNEL.—Subparagraph (A) does not

19 apply to a savings association subsidiary of a

20 savings and loan holding company if not less

21 than 90 percent of the customers of the savings

22 and loan holding company and the subsidiaries

23 and affiliates of such company are active or

24 former officers in the United States military

25 services or the widows, widowers, divorced
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1 spouses, or current or former dependents of

2 such officers.’’.

3 Subtitle G—Review of Armed

4 Forces Force Structures

5 SEC. 1091. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Armed Forces

7 Force Structures Review Act of 1996’’.

8 SEC. 1092. FINDINGS.

9 Congress makes the following findings:

10 (1) Since the collapse of the Soviet Union in

11 1991, the United States has conducted two substan12 tial assessments of the force structure of the Armed

13 Forces necessary to meet United States defense re14 quirements.

15 (2) The assessment by the Bush Administration

16 (known as the ‘‘Base Force’’ assessment) and the

17 assessment by the Clinton Administration (known as

18 the ‘‘Bottom-Up Review’’) were intended to reassess

19 the force structure of the Armed Forces in light of

20 the changing realities of the post-Cold War world.

21 (3) Both assessments served an important pur22 pose in focusing attention on the need to reevaluate

23 the military posture of the United States, but the

24 pace of global change necessitates a new, com25 prehensive assessment of the defense strategy of the
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1 United States and the force structure of the Armed

2 Forces required to meet the threats to the United

3 States in the 21st century.

4 (4) The Bottom-Up Review has been criticized

5 on several points, including—

6 (A) the assumptions underlying the strat7 egy of planning to fight and win two nearly si8 multaneous major regional conflicts;

9 (B) the force levels recommended to carry

10 out that strategy; and

11 (C) the funding proposed for such rec12 ommended force levels.

13 (5) In response to the recommendations of the

14 Commission on Roles and Missions of the Armed

15 Forces, the Secretary of Defense endorsed the con16 cept of conducting a quadrennial review of the de17 fense program at the beginning of each newly elected

18 Presidential administration, and the Secretary in19 tends to complete the first such review in 1997.

20 (6) The review is to involve a comprehensive ex21 amination of defense strategy, the force structure of

22 the active, guard, and reserve components, force

23 modernization plans, infrastructure, and other ele24 ments of the defense program and policies in order

25 to determine and express the defense strategy of the
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1 United States and to establish a revised defense pro2 gram through the year 2005.

3 (7) In order to ensure that the force structure

4 of the Armed Forces is adequate to meet the chal5 lenges to the national security interests of the Unit6 ed States in the 21st century, to assist the Secretary

7 of Defense in conducting the review referred to in

8 paragraph (5), and to assess the appropriate force

9 structure of the Armed Forces through the year

10 2010 and beyond (if practicable), it is important to

11 provide for the conduct of an independent, non-par12 tisan review of the force structure that is more com13 prehensive than prior assessments of the force struc14 ture, extends beyond the quadrennial defense review,

15 and explores innovative and forward-thinking ways

16 of meeting such challenges.

17 SEC. 1093. QUADRENNIAL DEFENSE REVIEW.

18 (a) REQUIREMENT IN 1997.—The Secretary of De19 fense, in consultation with the Chairman of the Joint

20 Chiefs of Staff, shall complete in 1997 a review of the

21 defense program of the United States intended to satisfy

22 the requirements for a Quadrennial Defense Review as

23 identified in the recommendations of the Commission on

24 Roles and Missions of the Armed Forces. The review shall

25 include a comprehensive examination of the defense strat-
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1 egy, force structure, force modernization plans, infrastruc2 ture, and other elements of the defense program and poli3 cies with a view toward determining and expressing the

4 defense strategy of the United States and establishing a

5 revised defense program through the year 2005.

6 (b) INVOLVEMENT OF NATIONAL DEFENSE

7 PANEL.—(1) The Secretary shall apprise the National De8 fense Panel established under section 1084, on an on9 going basis, of the work undertaken in the conduct of the

10 review.

11 (2) Not later than March 14, 1997, the Chairman

12 of the National Defense Panel shall submit to the Sec13 retary the Panel’s assessment of work undertaken in the

14 conduct of the review as of that date and shall include

15 in the assessment the recommendations of the Panel for

16 improvements to the review, including recommendations

17 for additional matters to be covered in the review.

18 (c) ASSESSMENTS OF REVIEW.—Upon completion of

19 the review, the Chairman of the Joint Chiefs of Staff and

20 the Chairman of the National Defense Panel shall each

21 prepare and submit to the Secretary such chairman’s as22 sessment of the review in time for the inclusion of the as23 sessment in its entirety in the report under subsection (d).

24 (d) REPORT.—Not later than May 15, 1997, the Sec25 retary shall submit to the Committee on Armed Services
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1 of the Senate and the Committee on National Security of

2 the House of Representatives a comprehensive report on

3 the review. The report shall include the following:

4 (1) The results of the review, including a com5 prehensive discussion of the defense strategy of the

6 United States and the force structure best suited to

7 implement the strategy.

8 (2) The threats examined for purposes of the

9 review and the scenarios developed in the examina10 tion of such threats.

11 (3) The assumptions used in the review, includ12 ing assumptions relating to the cooperation of allies

13 and mission-sharing, levels of acceptable risk, warn14 ing times, and intensity and duration of conflict.

15 (4) The effect on the force structure of prepara16 tions for and participation in peace operations and

17 military operations other than war.

18 (5) The effect on the force structure of the uti19 lization by the Armed Forces of technologies antici20 pated to be available by the year 2005, including

21 precision guided munitions, stealth, night vision,

22 digitization, and communications, and the changes

23 in doctrine and operational concepts that would re24 sult from the utilization of such technologies.
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1 (6) The manpower and sustainment policies re2 quired under the defense strategy to support engage3 ment in conflicts lasting more than 120 days.

4 (7) The anticipated roles and missions of the

5 reserve components in the defense strategy and the

6 strength, capabilities, and equipment necessary to

7 assure that the reserve components can capably dis8 charge such roles and missions.

9 (8) The appropriate ratio of combat forces to

10 support forces (commonly referred to as the ‘‘tooth11 to-tail’’ ratio) under the defense strategy, including,

12 in particular, the appropriate number and size of

13 headquarter units and Defense Agencies for that

14 purpose.

15 (9) The air-lift and sea-lift capabilities required

16 to support the defense strategy.

17 (10) The forward presence, pre-positioning, and

18 other anticipatory deployments necessary under the

19 defense strategy for conflict deterrence and adequate

20 military response to anticipated conflicts.

21 (11) The extent to which resources must be

22 shifted among two or more theaters under the de23 fense strategy in the event of conflict in such thea24 ters.
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1 (12) The advisability of revisions to the Unified

2 Command Plan as a result of the defense strategy.

3 SEC. 1094. NATIONAL DEFENSE PANEL.

4 (a) ESTABLISHMENT.—Not later than December 1,

5 1996, the Secretary of Defense shall establish a non-par6 tisan, independent panel to be known as the National De7 fense Panel (in this section referred to as the ‘‘Panel’’).

8 The Panel shall have the duties set forth in this section.

9 (b) MEMBERSHIP.—The Panel shall be composed of

10 a chairman and eight other individuals appointed by the

11 Secretary, in consultation with the Chairman and ranking

12 member of the Committee on Armed Services of the Sen13 ate and the Chairman and ranking member of the Com14 mittee on National Security of the House of Representa15 tives, from among individuals in the private sector who

16 are recognized experts in matters relating to the national

17 security of the United States.

18 (c) DUTIES.—The Panel shall—

19 (1) conduct and submit to the Secretary the as20 sessment of the review under section 1083 that is re21 quired by subsection (b)(2) of that section;

22 (2) conduct and submit to the Secretary the

23 comprehensive assessment of the review that is re24 quired by subsection (c) of that section upon comple25 tion of the review; and
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1 (3) conduct the assessment of alternative force

2 structures for the Armed Forces required under sub3 section (d).

4 (d) ALTERNATIVE FORCE STRUCTURE ASSESS5 MENT.—(1) The Panel shall submit to the Secretary an

6 independent assessment of a variety of possible force

7 structures of the Armed Forces through the year 2010

8 and beyond, including the force structure identified in the

9 report on the review under section 1083(d). The purpose

10 of the assessment is to develop proposals for an ‘‘above

11 the line’’ force structure of the Armed Forces and to pro12 vide the Secretary and Congress recommendations regard13 ing the optimal force structure to meet anticipated threats

14 to the national security of the United States through the

15 time covered by the assessment.

16 (2) In conducting the assessment, the Panel shall ex17 amine a variety of potential threats (including near-term

18 threats and long-term threats) to the national security in19 terests of the United States, including the following:

20 (A) Conventional threats across a spectrum of

21 conflicts.

22 (B) The proliferation of weapons of mass de23 struction and the means of delivering such weapons,

24 and the illicit transfer of technology relating to such

25 weapons.
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1 (C) The vulnerability of United States tech2 nology to non-traditional threats, including informa3 tion warfare.

4 (D) Domestic and international terrorism.

5 (E) The emergence of a major challenger hav6 ing military capabilities similar to those of the Unit7 ed States.

8 (F) Any other significant threat, or combination

9 of threats, identified by the Panel.

10 (3) For purposes of the assessment, the Panel shall

11 develop a variety of scenarios requiring a military response

12 by the Armed Forces, including the following:

13 (A) Scenarios developed in light of the threats

14 examined under paragraph (2).

15 (B) Scenarios developed in light of a continuum

16 of conflicts ranging from a conflict of lesser mag17 nitude than the conflict described in the Bottom-Up

18 Review to a conflict of greater magnitude than the

19 conflict so described.

20 (4) As part of the assessment, the Panel shall also—

21 (A) develop recommendations regarding a vari22 ety of force structures for the Armed Forces that

23 permit the forward deployment of sufficient land24 and sea-based forces to provide an effective deter25 rent to conflict and to permit a military response by
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1 the United States to the scenarios developed under

2 paragraph (3);

3 (B) to the extent practicable, estimate the fund4 ing required by fiscal year, in constant fiscal year

5 1997 dollars, to organize, equip, and support the

6 forces contemplated under the force structures as7 sessed in the assessment; and

8 (C) comment on each of the matters also to be

9 included by the Secretary in the report required by

10 section 1083(d).

11 (e) REPORT.—(1) Not later than December 1, 1997,

12 the Panel shall submit to the Secretary a report setting

13 forth the activities, findings and recommendations of the

14 Panel under subsection (d), including any recommenda15 tions for legislation that the Panel considers appropriate.

16 (2) Not later than December 15, 1997, the Secretary

17 shall, after consultation with the Chairman of the Joint

18 Chiefs of Staff, submit to the committees referred to in

19 subsection (b)(1) a copy of the report under paragraph

20 (1), together with the Secretary’s comments on the report.

21 (f) INFORMATION FROM FEDERAL AGENCIES.—The

22 Panel may secure directly from the Department of De23 fense and any of its components and from any other Fed24 eral department and agency such information as the Panel

25 considers necessary to carry out its duties under this sec-
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1 tion. The head of the department or agency concerned

2 shall ensure that information requested by the Panel

3 under this subsection is promptly provided.

4 (g) PERSONNEL MATTERS.—(1) Each member of the

5 Panel shall be compensated at a rate equal to the daily

6 equivalent of the annual rate of basic pay prescribed for

7 level IV of the Executive Schedule under section 5315 of

8 title 5, United States Code, for each day (including travel

9 time) during which such member is engaged in the per10 formance of the duties of the Panel.

11 (2) The members of the Panel shall be allowed travel

12 expenses, including per diem in lieu of subsistence, at

13 rates authorized for employees of agencies under sub14 chapter I of chapter 57 of title 5, United States Code,

15 while away from their homes or regular places of business

16 in the performance of services for the Panel.

17 (3)(A) The chairman of the Panel may, without re18 gard to the civil service laws and regulations, appoint and

19 terminate an executive director, and a staff of not more

20 than four additional individuals, if the Panel determines

21 that an executive director and staff are necessary in order

22 for the Panel to perform its duties effectively. The employ23 ment of an executive director shall be subject to confirma24 tion by the Panel.
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1 (B) The chairman may fix the compensation of the

2 executive director without regard to the provisions of

3 chapter 51 and subchapter III of chapter 53 of title 5,

4 United States Code, relating to classification of positions

5 and General Schedule pay rates, except that the rate of

6 pay for the executive director may not exceed the rate pay7 able for level V of the Executive Schedule under section

8 5316 of such title.

9 (4) Any Federal Government employee may be de10 tailed to the Panel without reimbursement, and such detail

11 shall be without interruption or loss of civil service status

12 or privilege. The Secretary shall ensure that sufficient per13 sonnel are detailed to the Panel to enable the Panel to

14 carry out its duties effectively.

15 (5) To the maximum extent practicable, the members

16 and employees of the Panel shall travel on military air17 craft, military ships, military vehicles, or other military

18 conveyances when travel is necessary in the performance

19 of a duty of the Panel, except that no such aircraft, ship,

20 vehicle, or other conveyance may be scheduled primarily

21 for the transportation of any such member or employee

22 when the cost of commercial transportation is less expen23 sive.

24 (h) ADMINISTRATIVE PROVISIONS.—(1) The Panel

25 may use the United States mails and obtain printing and
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1 binding services in the same manner and under the same

2 conditions as other departments and agencies of the Fed3 eral Government.

4 (2) The Secretary shall furnish the Panel any admin5 istrative and support services requested by the Panel.

6 (3) The Panel may accept, use, and dispose of gifts

7 or donations of services or property.

8 (i) PAYMENT OF PANEL EXPENSES.—The compensa9 tion, travel expenses, and per diem allowances of members

10 and employees of the Panel shall be paid out of funds

11 available to the Department of Defense for the payment

12 of compensation, travel allowances, and per diem allow13 ances, respectively, of civilian employees of the Depart14 ment. The other expenses of the Panel shall be paid out

15 of funds available to the Department for the payment of

16 similar expenses incurred by the Department.

17 (j) TERMINATION.—The Panel shall terminate 30

18 days after the date on which the Panel submits its report

19 to the Secretary under subsection (e).

20 SEC. 1095. POSTPONEMENT OF DEADLINES.

21 In the event that the election of President of the

22 United States in 1996 results in a change in administra23 tions, each deadline set forth in this subtitle shall be post24 poned by 3 months.
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1 SEC. 1096. DEFINITIONS.

2 In this subtitle:

3 (1) The term ‘‘ ‘above the line’ force structure

4 of the Armed Forces’’ means a force structure (in5 cluding numbers, strengths, and composition and

6 major items of equipment) for the Armed Forces at

7 the following unit levels:

8 (A) In the case of the Army, the division.

9 (B) In the case of the Navy, the battle

10 group.

11 (C) In the case of the Air Force, the wing.

12 (D) In the case of the Marine Corps, the

13 expeditionary force.

14 (E) In the case of special operations forces

15 of the Army, Navy, or Air Force, the major op16 erating unit.

17 (F) In the case of the strategic forces, the

18 ballistic missile submarine fleet, the heavy

19 bomber force, and the intercontinental ballistic

20 missile force.

21 (2) The term ‘‘Commission on Roles and Mis22 sions of the Armed Forces’’ means the Commission

23 on Roles and Missions of the Armed Forces estab24 lished by subtitle E of title IX of the National De25 fense Authorization Act for Fiscal Year 1994 (Pub-
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1 lic Law 103–160; 107 Stat. 1738; 10 U.S.C. 111

2 note).

3 (3) The term ‘‘military operation other than

4 war’’ means any operation other than war that re5 quires the utilization of the military capabilities of

6 the Armed Forces, including peace operations, hu7 manitarian assistance operations and activities,

8 counter-terrorism operations and activities, disaster

9 relief activities, and counter-drug operations and ac10 tivities.

11 (4) The term ‘‘peace operations’’ means mili12 tary operations in support of diplomatic efforts to

13 reach long-term political settlements of conflicts and

14 includes peacekeeping operations and peace enforce15 ment operations.

16 TITLE XI—DEPARTMENT OF

17 DEFENSE CIVILIAN PERSONNEL

18 Subtitle A—Personnel

19 Management, Pay, and Allowances

20 SEC. 1101. SCOPE OF REQUIREMENT FOR CONVERSION OF

21 MILITARY POSITIONS TO CIVILIAN POSI22 TIONS.

23 Section 1032(a) of the National Defense Authoriza24 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

25 Stat. 429; 10 U.S.C. 129a note) is amended—
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1 (1) by striking out the text of paragraph (1)

2 and inserting in lieu thereof the following: ‘‘By Sep3 tember 30, 1996, the Secretary of Defense shall con4 vert at least 3,000 military positions to civilian posi5 tions.’’;

6 (2) by striking out paragraph (2); and

7 (3) by redesignating paragraph (3) as para8 graph (2).

9 SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE POSITIONS

10 AT MILITARY TRAINING BASES TRANS11 FERRED TO NATIONAL GUARD.

12 (a) MILITARY TRAINING INSTALLATIONS AF13 FECTED.—This section applies with respect to each mili14 tary training installation that—

15 (1) was approved for closure in 1995 under the

16 Defense Base Closure and Realignment Act of 1990

17 (part A of title XXIX of Public Law 101–510; 10

18 U.S.C. 2687 note);

19 (2) is scheduled for transfer to National Guard

20 operation and control; and

21 (3) will continue to be used, after such transfer,

22 to provide training support to active and reserve

23 components of the Armed Forces.

24 (b) RETENTION OF EMPLOYEE POSITIONS.—In the

25 case of a military training installation described in sub-
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1 section (a), the Secretary of Defense may retain civilian

2 employee positions of the Department of Defense at the

3 installation after transfer to the National Guard of a State

4 in order to facilitate active and reserve component training

5 at the installation. The Secretary, in consultation with the

6 Adjutant General of the National Guard of that State,

7 shall determine the extent to which positions at that in8 stallation are to be retained as positions in the Depart9 ment of Defense.

10 (c) MAXIMUM NUMBER OF POSITIONS RETAINED.—

11 The maximum number of civilian employee positions re12 tained at an installation under this section shall not exceed

13 20 percent of the Federal civilian workforce employed at

14 the installation as of September 8, 1995.

15 (d) REMOVAL OF POSITION.—The decision to retain

16 civilian employee positions at an installation under this

17 section shall cease to apply to a position so retained on

18 the date on which the Secretary certifies to Congress that

19 it is no longer necessary to retain the position in order

20 to ensure that effective support is provided at the installa21 tion for active and reserve component training.
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1 SEC. 1103. CLARIFICATION OF LIMITATION ON FURNISHING

2 CLOTHING OR PAYING A UNIFORM ALLOW3 ANCE TO ENLISTED NATIONAL GUARD TECH4 NICIANS.

5 Section 418(c) of title 37, United States Code, is

6 amended by striking out ‘‘for which a uniform allowance

7 is paid under section 415 or 416 of this title’’ and insert8 ing in lieu thereof ‘‘for which clothing is furnished or a

9 uniform allowance is paid under this section’’.

10 SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE FOR CI11 VILIAN EMPLOYEES OF THE DEPARTMENT OF

12 DEFENSE ABROAD.

13 (a) IN GENERAL.—Chapter 81 of title 10, United

14 States Code, is amended by adding at the end the follow15 ing new section:

16 ‘‘§ 1599b. Employees abroad: travel expenses; health

17 care

18 ‘‘(a) IN GENERAL.—The Secretary of Defense may

19 provide civilian employees, and members of their families,

20 abroad with benefits that are comparable to certain bene21 fits that are provided by the Secretary of State to mem22 bers of the Foreign Service and their families abroad as

23 described in subsections (b) and (c). The Secretary may

24 designate the employees and members of families who are

25 eligible to receive the benefits.
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1 ‘‘(b) TRAVEL AND RELATED EXPENSES.—The Sec2 retary of Defense may pay travel expenses and related ex3 penses for purposes and in amounts that are comparable

4 to the purposes for which, and the amounts in which, trav5 el and related expenses are paid by the Secretary of State

6 under section 901 of the Foreign Service Act of 1980 (22

7 U.S.C. 4081).

8 ‘‘(c) HEALTH CARE PROGRAM.—The Secretary of

9 Defense may establish a health care program that is com10 parable to the health care program established by the Sec11 retary of State under section 904 of that Act (22 U.S.C.

12 4084).

13 ‘‘(d) ASSISTANCE.—The Secretary of Defense may

14 enter into agreements with the heads of other departments

15 and agencies of the Federal Government in order to facili16 tate the payment of expenses authorized by subsection (b)

17 and to carry out a health care program authorized by sub18 section (c).

19 ‘‘(e) ABROAD DEFINED.—In this section, the term

20 ‘abroad’ means outside—

21 ‘‘(1) the United States; and

22 ‘‘(2) the territories and possessions of the Unit23 ed States.’’.

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

25 at the beginning of such chapter is amended by inserting
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1 after the item relating to section 1599a the following new

2 item:

‘‘1599b. Employees abroad: travel expenses; health care.’’.

3 SEC. 1105. TRAVEL, TRANSPORTATION, AND RELOCATION

4 ALLOWANCES FOR CERTAIN FORMER NON5 APPROPRIATED FUND EMPLOYEES.

6 (a) IN GENERAL.—(1) Subchapter II of chapter 57

7 of title 5, United States Code, is amended by adding at

8 the end the following new section:

9 ‘‘§ 5736. Travel, transportation, and relocation ex10 penses of certain nonappropriated fund

11 employees

12 ‘‘An employee of a nonappropriated fund instrumen13 tality of the Department of Defense or the Coast Guard

14 described in section 2105(c) of this title who moves, with15 out a break in service of more than 3 days, to a position

16 in the Department of Defense or the Coast Guard, respec17 tively, may be authorized travel, transportation, and relo18 cation expenses and allowances under the same conditions

19 and to the same extent authorized by this subchapter for

20 transferred employees.’’.

21 (2) The table of sections at the beginning of chapter

22 57 of such title is amended by inserting after the item

23 relating to section 5735 the following new item:

‘‘5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees.’’.
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1 (b) APPLICABILITY.—Section 5736 of title 5, United

2 States Code (as added by subsection (a)(1)), shall apply

3 to moves between positions as described in such section

4 that are effective on or after October 1, 1996.

5 SEC. 1106. EMPLOYMENT AND SALARY PRACTICES APPLI6 CABLE TO DEPARTMENT OF DEFENSE OVER7 SEAS TEACHERS.

8 (a) EXPANSION OF SCOPE OF EDUCATORS COV9 ERED.—Section 2 of the Defense Department Overseas

10 Teachers Pay and Personnel Practices Act (20 U.S.C.

11 901) is amended—

12 (1) in subparagraph (A) of paragraph (1), by

13 inserting ‘‘, or are performed by an individual who

14 carried out certain teaching activities identified in

15 regulations prescribed by the Secretary of Defense’’

16 after ‘‘Defense,’’; and

17 (2) by striking out subparagraph (C) of para18 graph (2) and inserting in lieu thereof the following:

19 ‘‘(C) who is employed in a teaching posi20 tion described in paragraph (1).’’.

21 (b) TRANSFER OF RESPONSIBILITY FOR EMPLOY22 MENT AND SALARY PRACTICES.—Section 5 of such Act

23 (20 U.S.C. 903) is amended—

24 (1) in subsection (a)—
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1 (A) by striking out ‘‘secretary of each mili2 tary department in the Department of Defense’’

3 and inserting in lieu thereof ‘‘Secretary of De4 fense’’; and

5 (B) by striking out ‘‘his military depart6 ment’’ and inserting in lieu thereof ‘‘the De7 partment of Defense’’;

8 (2) in subsection (b)—

9 (A) in the matter preceding paragraph (1),

10 by striking out ‘‘secretary of each military de11 partment—’’ and inserting in lieu thereof ‘‘Sec12 retary of Defense—’’; and

13 (B) in paragraph (1), by striking out ‘‘his

14 military department,’’ and inserting in lieu

15 thereof ‘‘the Department of Defense’’;

16 (3) in subsection (c)—

17 (A) by striking out ‘‘Secretary of each

18 military department’’ and inserting in lieu

19 thereof ‘‘Secretary of Defense’’; and

20 (B) by striking out ‘‘his military depart21 ment’’ and inserting in lieu thereof ‘‘the De22 partment of Defense’’; and

23 (4) in subsection (d), by striking out ‘‘Secretary

24 of each military department’’ and inserting in lieu

25 thereof ‘‘Secretary of Defense’’.
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1 SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN

2 FACULTY MEMBERS AT CERTAIN DEPART3 MENT OF DEFENSE SCHOOLS.

4 (a) FACULTIES.—Section 1595(c) of title 10, United

5 States Code, is amended by inserting after paragraph (3)

6 the following new paragraph (4):

7 ‘‘(4) The English Language Center of the De8 fense Language Institute.

9 ‘‘(5) The Asia-Pacific Center for Security Stud10 ies.’’.

11 (b) CERTAIN ADMINISTRATORS.—Such section 1595

12 is amended by adding at the end the following:

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. 1108. REIMBURSEMENT OF DEPARTMENT OF DEFENSE

19 DOMESTIC DEPENDENT SCHOOL BOARD

20 MEMBERS FOR CERTAIN EXPENSES.

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

22 amended by adding at the end the following:

23 ‘‘(7) The Secretary may provide for reimbursement

24 of a school board member for expenses incurred by the

25 member for travel, transportation, program fees, and ac26 tivity fees that the Secretary determines are reasonable
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1 and necessary for the performance of school board duties

2 by the member.’’.

3 SEC. 1109. EXTENSION OF AUTHORITY FOR CIVILIAN EM4 PLOYEES OF DEPARTMENT OF DEFENSE TO

5 PARTICIPATE VOLUNTARILY IN REDUCTIONS

6 IN FORCE.

7 Section 3502(f)(5) of title 5, United States Code, is

8 amended by striking out ‘‘September 30, 1996’’ and in9 serting in lieu thereof ‘‘September 30, 2001’’.

10 SEC. 1110. COMPENSATORY TIME OFF FOR OVERTIME

11 WORK PERFORMED BY WAGE-BOARD EM12 PLOYEES.

13 Section 5543 of title 5, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(c) The head of an agency may, on request of an

16 employee, grant the employee compensatory time off from

17 the employee’s scheduled tour of duty instead of payment

18 under section 5544 of this title or section 7 of the Fair

19 Labor Standards Act of 1938 for an equal amount of time

20 spent in irregular or occasional overtime work.’’.
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1 SEC. 1111. LIQUIDATION OF RESTORED ANNUAL LEAVE

2 THAT REMAINS UNUSED UPON TRANSFER OF

3 EMPLOYEE FROM INSTALLATION BEING

4 CLOSED OR REALIGNED.

5 (a) LUMP-SUM PAYMENT REQUIRED.—Section 5551

6 of title 5, United States Code, is amended by adding at

7 the end the following new subsection:

8 ‘‘(c)(1) Annual leave that is restored to an employee

9 of the Department of Defense under section 6304(d) of

10 this title by reason of the operation of paragraph (3) of

11 such section and remains unused upon the transfer of the

12 employee to a position described in paragraph (2) shall

13 be liquidated by payment of a lump-sum for such leave

14 to the employee upon the transfer.

15 ‘‘(2) A position referred to in paragraph (1) is a posi16 tion in a department or agency of the Federal Government

17 outside the Department of Defense or a Department of

18 Defense position that is not located at a Department of

19 Defense installation being closed or realigned as described

20 in section 6304(d)(3) of this title.’’.

21 (b) APPLICABILITY.—Subsection (c) of section 5551

22 of title 5, United States Code (as added by subsection (a)),

23 shall apply with respect to transfers described in such sub24 section (c) that take effect on or after the date of the en25 actment of this Act.
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1 SEC. 1112. WAIVER OF REQUIREMENT FOR REPAYMENT OF

2 VOLUNTARY SEPARATION INCENTIVE PAY BY

3 FORMER DEPARTMENT OF DEFENSE EM4 PLOYEES REEMPLOYED BY THE GOVERN5 MENT WITHOUT PAY.

6 Section 5597(g) of title 5, United States Code, is

7 amended by adding at the end the following new para8 graph:

9 ‘‘(5) If the employment is without compensation, the

10 appointing official may waive the repayment.’’.

11 SEC. 1113. FEDERAL HOLIDAY OBSERVANCE RULES FOR

12 DEPARTMENT OF DEFENSE EMPLOYEES.

13 (a) HOLIDAYS OCCURRING ON NONWORKDAYS.—

14 Section 6103(b) of title 5, United States Code, is amended

15 by inserting after paragraph (2) the following new para16 graph:

17 ‘‘(3) In the case of a full-time employee of the

18 Department of Defense, the following rules apply:

19 ‘‘(A) When a legal public holiday occurs on

20 a Sunday that is not a regular weekly workday

21 for an employee, the employee’s next workday is

22 the legal public holiday for the employee.

23 ‘‘(B) When a legal public holiday occurs on

24 a regular weekly nonworkday that is adminis25 tratively scheduled for an employee instead of
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1 Sunday, the employee’s next workday is the

2 legal public holiday for the employee.

3 ‘‘(C) When a legal public holiday occurs on

4 an employee’s regular weekly nonworkday im5 mediately following a regular weekly nonwork6 day that is administratively scheduled for the

7 employee instead of Sunday, the employee’s

8 next workday is the legal public holiday for the

9 employee.

10 ‘‘(D) When a legal public holiday occurs on

11 an employee’s regular weekly nonworkday that

12 is not a nonworkday referred to in subpara13 graph (A), (B), or (C), the employee’s preced14 ing workday is the legal public holiday for the

15 employee.

16 ‘‘(E) The Secretary concerned (as defined

17 in section 101(a) of title 10) may schedule a

18 legal public holiday for an employee to be on a

19 different day than the one that would otherwise

20 apply for the employee under subparagraph (A),

21 (B), (C), or (D).

22 ‘‘(F) If a legal public holiday for an em23 ployee would be different under paragraph (1)

24 or (2) than the day determined under this para25 graph, the legal public holiday for the employee
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1 shall be the day that is determined under this

2 paragraph.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

4 Section 6103(b) of such title, as amended by subsection

5 (a), is further amended—

6 (1) in paragraph (1), by striking out ‘‘legal

7 public holiday for—’’ and all that follows through

8 the period and inserting in lieu thereof ‘‘legal public

9 holiday for employees whose basic workweek is Mon10 day through Friday.’’; and

11 (2) in the matter following paragraph (3), by

12 striking out ‘‘This subsection, except subparagraph

13 (B) of paragraph (1),’’ and inserting in lieu thereof

14 ‘‘Paragraphs (1) and (2)’’.

15 SEC. 1114. REVISION OF CERTAIN TRAVEL MANAGEMENT

16 AUTHORITIES.

17 (a) REPEAL OF REQUIREMENTS RELATING TO FIRE18 SAFE ACCOMMODATIONS.—(1) Section 5707 of title 5,

19 United States Code, is amended by striking out subsection

20 (d).

21 (2) Subsection (b) of section 5 of the Hotel and Motel

22 Fire Safety Act of 1990 (Public Law 101–391; 104 Stat.

23 751; 5 U.S.C. 5707 note) is repealed.

24 (b) REPEAL OF PROHIBITION ON PAYMENT OF

25 LODGING EXPENSES OF DEPARTMENT OF DEFENSE EM-
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1 PLOYEES AND OTHER CIVILIANS WHEN ADEQUATE GOV2 ERNMENT QUARTERS ARE AVAILABLE.—(1) Section 1589

3 of title 10, United States Code, is repealed.

4 (2) The table of sections at the beginning of chapter

5 81 of such title is amended by striking out the item relat6 ing to such section.

7 Subtitle B—Defense Economic Ad8 justment, Diversification, Con9 version, and Stabilization

10 SEC. 1121. PILOT PROGRAMS FOR DEFENSE EMPLOYEES

11 CONVERTED TO CONTRACTOR EMPLOYEES

12 DUE TO PRIVATIZATION AT CLOSED MILI13 TARY INSTALLATIONS.

14 (a) PILOT PROGRAMS AUTHORIZED.—(1) The Sec15 retary of Defense, after consultation with the Secretary

16 of the Navy, the Secretary of the Air Force, and the Direc17 tor of the Office of Personnel Management, may establish

18 a pilot program under which Federal retirement benefits

19 are provided in accordance with this section to persons

20 who convert from Federal employment in the Department

21 of the Navy or the Department of the Air Force to employ22 ment by a Department of Defense contractor in connection

23 with the privatization of the performance of functions at

24 selected military installations being closed under the base

25 closure and realignment process.
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1 (2) The Secretary of Defense shall select the installa2 tions to be covered by a pilot program under this section.

3 (b) ELIGIBLE TRANSFERRED EMPLOYEES.—(1) A

4 person is a transferred employee eligible for benefits under

5 this section if the person is a former employee of the De6 partment of Defense (other than a temporary employee)

7 who—

8 (A) while employed by the Department of De9 fense in a function recommended to be privatized as

10 part of the closure and realignment of military in11 stallations pursuant to section 2903(e) of the De12 fense Base Closure and Realignment Act of 1990

13 (title XXIX of Public Law 101–510; 10 U.S.C. 2687

14 note) and while covered under the Civil Service Re15 tirement System, separated from Federal service

16 after being notified that the employee would be sepa17 rated in a reduction-in-force resulting from conver18 sion from performance of a function by Department

19 of Defense employees at that military installation to

20 performance of that function by a defense contractor

21 at that installation or in the vicinity of that installa22 tion;

23 (B) is employed by the defense contractor with24 in 60 days following such separation to perform sub-
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1 stantially the same function performed before the

2 separation;

3 (C) remains employed by the defense contractor

4 (or a successor defense contractor) or subcontractor

5 of the defense contractor (or successor defense con6 tractor) until attaining early deferred retirement age

7 (unless the employment is sooner involuntarily ter8 minated for reasons other than performance or con9 duct of the employee);

10 (D) at the time separated from Federal service,

11 was not eligible for an immediate annuity under the

12 Civil Service Retirement System; and

13 (E) does not withdraw retirement contributions

14 under section 8342 of title 5, United States Code.

15 (2) A person who, under paragraph (1), would other16 wise be eligible for an early deferred annuity under this

17 section shall not be eligible for such benefits if the person

18 received separation pay or severance pay due to a separa19 tion described in subparagraph (A) of that paragraph un20 less the person repays the full amount of such pay with

21 interest (computed at a rate determined appropriate by

22 the Director of the Office of Personnel Management) to

23 the Department of Defense before attaining early deferred

24 retirement age.
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1 (c) RETIREMENT BENEFITS OF TRANSFERRED EM2 PLOYEES.—In the case of a transferred employee covered

3 by a pilot program under this section, payment of a de4 ferred annuity for which the transferred employee is eligi5 ble under section 8338(a) of title 5, United States Code,

6 shall commence on the first day of the first month that

7 begins after the date on which the transferred employee

8 attains early deferred retirement age, notwithstanding the

9 age requirement under that section.

10 (d) COMPUTATION OF AVERAGE PAY.—(1)(A) This

11 paragraph applies to a transferred employee who was em12 ployed in a position classified under the General Schedule

13 immediately before the employee’s covered separation from

14 Federal service.

15 (B) Subject to subparagraph (C), for purposes of

16 computing the deferred annuity for a transferred employee

17 referred to in subparagraph (A), the average pay of the

18 transferred employee, computed under section 8331(4) of

19 title 5, United States Code, as of the date of the employ20 ee’s covered separation from Federal service, shall be ad21 justed at the same time and by the same percentage that

22 rates of basic pay are increased under section 5303 of

23 such title during the period beginning on that date and

24 ending on the date on which the transferred employee at25 tains early deferred retirement age.
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1 (C) The average pay of a transferred employee, as

2 adjusted under subparagraph (B), may not exceed the

3 amount to which an annuity of the transferred employee

4 could be increased under section 8340 of title 5, United

5 States Code, in accordance with the limitation in sub6 section (g)(1) of such section (relating to maximum pay,

7 final pay, or average pay).

8 (2)(A) This paragraph applies to a transferred em9 ployee who was a prevailing rate employee (as defined

10 under section 5342(2) of title 5, United States Code) im11 mediately before the employee’s covered separation from

12 Federal service.

13 (B) For purposes of computing the deferred annuity

14 for a transferred employee referred to in subparagraph

15 (A), the average pay of the transferred employee, com16 puted under section 8331(4) of title 5, United States

17 Code, as of the date of the employee’s covered separation

18 from Federal service, shall be adjusted at the same time

19 and by the same percentage that pay rates for positions

20 that are in the same area as, and are comparable to, the

21 last position the transferred employee held as a prevailing

22 rate employee, are increased under section 5343(a) of such

23 title during the period beginning on that date and ending

24 on the date on which the transferred employee attains

25 early deferred retirement age.
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1 (e) PAYMENT OF UNFUNDED LIABILITY.—(1) The

2 military department concerned shall be liable for that por3 tion of any estimated increase in the unfunded liability

4 of the Civil Service Retirement and Disability Fund estab5 lished under section 8348 of title 5, United States Code,

6 which is attributable to any benefits payable from such

7 Fund to a transferred employee, and any survivor of a

8 transferred employee, when the increase results from—

9 (A) an increase in the average pay of the trans10 ferred employee under subsection (d) upon which

11 such benefits are computed; and

12 (B) the commencement of an early deferred an13 nuity in accordance with this section before the at14 tainment of 62 years of age by the transferred em15 ployee.

16 (2) The estimated increase in the unfunded liability

17 for each department referred to in paragraph (1), shall

18 be determined by the Director of the Office of Personnel

19 Management. In making the determination, the Director

20 shall consider any savings to the Fund as a result of the

21 program established under this section. The Secretary of

22 the military department concerned shall pay the amount

23 so determined to the Director in 10 equal annual install24 ments with interest computed at the rate used in the most

25 recent valuation of the Civil Service Retirement System,
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1 with the first payment thereof due at the end of the fiscal

2 year in which an increase in average pay under subsection

3 (d) becomes effective.

4 (f) CONTRACTOR SERVICE NOT CREDITABLE.—Serv5 ice performed by a transferred employee for a defense con6 tractor after the employee’s covered separation from Fed7 eral service is not creditable service for purposes of sub8 chapter III of chapter 83 of title 5, United States Code.

9 (g) RECEIPT OF BENEFITS WHILE EMPLOYED BY A

10 DEFENSE CONTRACTOR.—A transferred employee may

11 commence receipt of an early deferred annuity in accord12 ance with this section while continuing to work for a de13 fense contractor.

14 (h) LUMP-SUM CREDIT PAYMENT.—If a transferred

15 employee dies before attaining early deferred retirement

16 age, such employee shall be treated as a former employee

17 who dies not retired for purposes of payment of the lump18 sum credit under section 8342(d) of title 5, United States

19 Code.

20 (i) CONTINUED FEDERAL HEALTH BENEFITS COV21 ERAGE.—Notwithstanding section 5905a(e)(1)(A) of title

22 5, United States Code, the continued coverage of a trans23 ferred employee for health benefits under chapter 89 of

24 such title by reason of the application of section 8905a

25 of such title to such employee shall terminate 90 days
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1 after the date of the employee’s covered separation from

2 Federal employment. For the purposes of the preceding

3 sentence, a person who, except for subsection (b)(2),

4 would be a transferred employee shall be considered a

5 transferred employee.

6 (j) REPORT BY GAO.—The Comptroller General of

7 the United States shall conduct a study of each pilot pro8 gram, if any, established under this section and submit

9 a report on the pilot program to Congress not later than

10 two years after the date on which the program is estab11 lished. The report shall contain the following:

12 (1) A review and evaluation of the program, in13 cluding—

14 (A) an evaluation of the success of the pri15 vatization outcomes of the program;

16 (B) a comparison and evaluation of such

17 privatization outcomes with the privatization

18 outcomes with respect to facilities at other mili19 tary installations closed or realigned under the

20 base closure laws;

21 (C) an evaluation of the impact of the pro22 gram on the Federal workforce and whether the

23 program results in the maintenance of a skilled

24 workforce for defense contractors at an accept-
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1 able cost to the military department concerned;

2 and

3 (D) an assessment of the extent to which

4 the pilot program is a cost-effective means of

5 facilitating privatization of the performance of

6 Federal activities.

7 (2) Recommendations relating to the expansion

8 of the program to other installations and employees.

9 (3) Any other recommendation relating to the

10 program.

11 (k) IMPLEMENTING REGULATIONS.—Not later than

12 30 days after the Secretary of Defense notifies the Direc13 tor of the Office of Personnel Management of a decision

14 to establish a pilot program under this section, the Direc15 tor shall prescribe regulations to carry out the provisions

16 of this section with respect to that pilot program. Before

17 prescribing the regulations, the Director shall consult with

18 the Secretary.

19 (l) DEFINITIONS.—In this section:

20 (1) The term ‘‘transferred employee’’ means a

21 person who, pursuant to subsection (b), is eligible

22 for benefits under this section.

23 (2) The term ‘‘covered separation from Federal

24 service’’ means a separation from Federal service as

25 described under subsection (b)(1)(A).
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1 (3) The term ‘‘Civil Service Retirement Sys2 tem’’ means the retirement system under subchapter

3 III of chapter 83 of title 5, United States Code.

4 (4) The term ‘‘defense contractor’’ means any

5 entity that—

6 (A) contracts with the Department of De7 fense to perform a function previously per8 formed by Department of Defense employees;

9 (B) performs that function at the same in10 stallation at which such function was previously

11 performed by Department of Defense employees

12 or in the vicinity of that installation; and

13 (C) is the employer of one or more trans14 ferred employees.

15 (5) The term ‘‘early deferred retirement age’’

16 means the first age at which a transferred employee

17 would have been eligible for immediate retirement

18 under subsection (a) or (b) of section 8336 of title

19 5, United States Code, if such transferred employee

20 had remained an employee within the meaning of

21 section 8331(1) of such title continuously until at22 taining such age.

23 (6) The term ‘‘severance pay’’ means severance

24 pay payable under section 5595 of title 5, United

25 States Code.
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1 (7) The term ‘‘separation pay’’ means separa2 tion pay payable under section 5597 of title 5, Unit3 ed States Code.

4 (m) EFFECTIVE DATE.—This section shall take ef5 fect on August 1, 1996, and shall apply to covered separa6 tions from Federal service on or after that date.

7 SEC. 1122. TROOPS-TO-TEACHERS PROGRAM IMPROVE8 MENTS APPLIED TO CIVILIAN PERSONNEL.

9 (a) SEPARATED CIVILIAN EMPLOYEES OF THE DE10 PARTMENT OF DEFENSE.—(1) Subsection (a) of section

11 1598 of title 10, United States Code, is amended by strik12 ing out ‘‘may establish’’ and inserting in lieu thereof

13 ‘‘shall establish’’.

14 (2) Subsection (d)(2) of such section is amended by

15 striking out ‘‘five school years’’ in subparagraphs (A) and

16 (B) and inserting in lieu thereof ‘‘two school years’’.

17 (b) DISPLACED DEPARTMENT OF DEFENSE CON18 TRACTOR EMPLOYEES.—Section 2410j(f)(2) of such title

19 is amended by striking out ‘‘five school years’’ in subpara20 graphs (A) and (B) and inserting in lieu thereof ‘‘two

21 school years’’.

22 (c) SAVINGS PROVISION.—The amendments made by

23 this section do not effect obligations under agreements en24 tered into in accordance with section 1598 or 2410j of
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1 title 10, United States Code, before the date of the enact2 ment of this Act.

3 Subtitle C—Defense Intelligence

4 Personnel

5 SEC. 1131. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Department of De7 fense Civilian Intelligence Personnel Reform Act of 1996’’.

8 SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL

9 MANAGEMENT.

10 Section 1590 of title 10, United States Code, is

11 amended to read as follows:

12 ‘‘§ 1590. Management of civilian intelligence

13 personnel of the Department of Defense

14 ‘‘(a) GENERAL PERSONNEL MANAGEMENT AUTHOR15 ITY.—The Secretary of Defense may, without regard to

16 the provisions of any other law relating to the appoint17 ment, number, classification, or compensation of

18 employees—

19 ‘‘(1) establish—

20 ‘‘(A) as positions in the excepted service,

21 such defense intelligence component positions

22 (including Intelligence Senior Level positions)

23 as the Secretary determines necessary to carry

24 out the intelligence functions of the defense in25 telligence components, but not to exceed in
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1 number the number of the defense intelligence

2 component positions established as of January

3 1, 1996; and

4 ‘‘(B) such Intelligence Senior Executive

5 Service positions as the Secretary determines

6 necessary to carry out functions referred to in

7 subparagraph (B);

8 ‘‘(2) appoint individuals to such positions (after

9 taking into consideration the availability of pref10 erence eligibles for appointment to such positions);

11 and

12 ‘‘(3) fix the compensation of such individuals

13 for service in such positions.

14 ‘‘(b) BASIC PAY.—(1)(A) Subject to subparagraph

15 (B) and paragraph (2), the Secretary of Defense shall fix

16 the rates of basic pay for positions established under sub17 section (a) in relation to the rates of basic pay provided

18 in subpart D of part III of title 5 for positions subject

19 to that subpart which have corresponding levels of duties

20 and responsibilities.

21 ‘‘(B) Except as otherwise provided by law, no rate

22 of basic pay fixed under subparagraph (A) for a position

23 established under subsection (a) may exceed—
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1 ‘‘(i) in the case of an Intelligence Senior Execu2 tive Service position, the maximum rate provided in

3 section 5382 of title 5;

4 ‘‘(ii) in the case of an Intelligence Senior Level

5 position, the maximum rate provided in section 5382

6 of title 5; and

7 ‘‘(iii) in the case of any other defense intel8 ligence component position, the maximum rate pro9 vided in section 5306(e) of title 5.

10 ‘‘(2) The Secretary of Defense may, consistent with

11 section 5341 of title 5, adopt such provisions of that title

12 as provide for prevailing rate systems of basic pay and

13 may apply those provisions to positions for civilian employ14 ees in or under which the Department of Defense may

15 employ individuals described by section 5342(a)(2)(A) of

16 such title.

17 ‘‘(c) ADDITIONAL COMPENSATION, INCENTIVES, AND

18 ALLOWANCES.—(1) Employees in defense intelligence

19 component positions may be paid additional compensation,

20 including benefits, incentives, and allowances, in accord21 ance with this subsection if, and to the extent, authorized

22 in regulations prescribed by the Secretary of Defense.

23 ‘‘(2) Additional compensation under this subsection

24 shall be consistent with, and not in excess of the levels

25 authorized for, comparable positions authorized by title 5.
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1 ‘‘(3)(A) Employees in defense intelligence component

2 positions, if citizens or nationals of the United States, may

3 be paid an allowance while stationed outside the continen4 tal United States or in Alaska.

5 ‘‘(B) Subject to subparagraph (C), allowances under

6 subparagraph (A) shall be based on—

7 ‘‘(i) living costs substantially higher than in the

8 District of Columbia;

9 ‘‘(ii) conditions of environment which differ

10 substantially from conditions of environment in the

11 continental United States and warrant an allowance

12 as a recruitment incentive; or

13 ‘‘(iii) both of the factors described in clauses (i)

14 and (ii).

15 ‘‘(C) An allowance under subparagraph (A) may not

16 exceed an allowance authorized to be paid by section

17 5941(a) of title 5 for employees whose rates of basic pay

18 are fixed by statute.

19 ‘‘(d) INTELLIGENCE SENIOR EXECUTIVE SERVICE.—

20 (1) The Secretary of Defense may establish an Intelligence

21 Senior Executive Service for defense intelligence compo22 nent positions established pursuant to subsection (a) that

23 are equivalent to Senior Executive Service positions.

24 ‘‘(2) The Secretary of Defense shall prescribe regula25 tions for the Intelligence Senior Executive Service which
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1 are consistent with the requirements set forth in sections

2 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and

3 6304 of title 5, subsections (a), (b), and (c) of section

4 7543 of such title (except that any hearing or appeal to

5 which a member of the Intelligence Senior Executive Serv6 ice is entitled shall be held or decided pursuant to the reg7 ulations), and subchapter II of chapter 43 of such title.

8 To the extent that the Secretary determines it practicable

9 to apply to members of, or applicants for, the Intelligence

10 Senior Executive Service other provisions of title 5 that

11 apply to members of, or applicants for, the Senior Execu12 tive Service, the Secretary shall also prescribe regulations

13 to implement those sections with respect to the Intel14 ligence Senior Executive Service.

15 ‘‘(e) AWARD OF RANK TO MEMBERS OF THE INTEL16 LIGENCE SENIOR EXECUTIVE SERVICE.—The President,

17 based on the recommendations of the Secretary of De18 fense, may award a rank referred to in section 4507 of

19 title 5 to members of the Intelligence Senior Executive

20 Service whose positions may be established pursuant to

21 this section. The awarding of such rank shall be made in

22 a manner consistent with the provisions of that section.

23 ‘‘(f) INTELLIGENCE SENIOR LEVEL POSITIONS.—

24 The Secretary of Defense may, in accordance with regula25 tions prescribed by the Secretary, designate as an Intel-
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1 ligence Senior Level position any defense intelligence com2 ponent position that, as determined by the Secretary—

3 ‘‘(1) is classifiable above grade GS–15 of the

4 General Schedule;

5 ‘‘(2) does not satisfy functional or program

6 management criteria for being designated an Intel7 ligence Senior Executive Service position; and

8 ‘‘(3) has no more than minimal supervisory re9 sponsibilities.

10 ‘‘(g) TIME LIMITED APPOINTMENTS.—(1) The Sec11 retary of Defense may, in regulations, authorize appoint12 ing officials to make time limited appointments to defense

13 intelligence component positions specified in the

14 regulations.

15 ‘‘(2) The Secretary of Defense shall review each time

16 limited appointment in a defense intelligence component

17 position at the end of the first year of the period of the

18 appointment and determine whether the appointment

19 should be continued for the remainder of the period. The

20 continuation of a time limited appointment after the first

21 year shall be subject to the approval of the Secretary.

22 ‘‘(3) An employee serving in a defense intelligence

23 component position pursuant to a time limited appoint24 ment is not eligible for a permanent appointment to an

25 Intelligence Senior Executive Service position (including
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1 a position in which serving) unless selected for the perma2 nent appointment on a competitive basis.

3 ‘‘(4) In this subsection, the term ‘time limited ap4 pointment’ means an appointment (subject to the condi5 tion in paragraph (2)) for a period not to exceed two

6 years.

7 ‘‘(h) TERMINATION OF CIVILIAN INTELLIGENCE

8 EMPLOYEES.—(1) Notwithstanding any other provision of

9 law, the Secretary of Defense may terminate the employ10 ment of any employee in a defense intelligence component

11 position if the Secretary—

12 ‘‘(A) considers such action to be in the interests

13 of the United States; and

14 ‘‘(B) determines that the procedures prescribed

15 in other provisions of law that authorize the termi16 nation of the employment of such employee cannot

17 be invoked in a manner consistent with the national

18 security.

19 ‘‘(2) A decision by the Secretary of Defense to termi20 nate the employment of an employee under this subsection

21 is final and may not be appealed or reviewed outside the

22 Department of Defense.

23 ‘‘(3) The Secretary of Defense shall promptly notify

24 the Committee on National Security and the Permanent

25 Select Committee on Intelligence of the House of Rep-
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1 resentatives and the Committee on Armed Services and

2 the Select Committee on Intelligence of the Senate when3 ever the Secretary terminates the employment of any em4 ployee under the authority of this subsection.

5 ‘‘(4) Any termination of employment under this sub6 section shall not affect the right of the employee involved

7 to seek or accept employment with any other department

8 or agency of the United States if that employee is declared

9 eligible for such employment by the Director of the Office

10 of Personnel Management.

11 ‘‘(5) The authority of the Secretary of Defense under

12 this subsection may be delegated only to the Deputy Sec13 retary of Defense and the head of a defense intelligence

14 component (with respect to employees of that component).

15 An action to terminate employment of such an employee

16 by any such official may be appealed to the Secretary of

17 Defense.

18 ‘‘(i) REDUCTIONS AND OTHER ADJUSTMENTS IN

19 FORCE.—(1) The Secretary of Defense, in consultation

20 with the Director of the Office of Personnel Management,

21 shall prescribe regulations for the separation of employees

22 in defense intelligence component positions, including

23 members of the Intelligence Senior Executive Service and

24 employees in Intelligence Senior Level positions, in a re25 duction in force or other adjustment in force. The regula-
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1 tions shall apply to such a reduction in force or other ad2 justment in force notwithstanding sections 3501(b) and

3 3502 of title 5.

4 ‘‘(2) The regulations shall give effect to—

5 ‘‘(A) tenure of employment;

6 ‘‘(B) military preference, subject to sections

7 3501(a)(3) and 3502(b) of title 5;

8 ‘‘(C) the veteran’s preference under section

9 3502(b) of title 5;

10 ‘‘(D) performance; and

11 ‘‘(E) length of service computed in accordance

12 with the second sentence of section 3502(a) of

13 title 5.

14 ‘‘(2) The regulations relating to removal from the In15 telligence Senior Executive Service in a reduction in force

16 or other adjustment in force shall be consistent with sec17 tion 3595(a) of title 5.

18 ‘‘(3)(A) The regulations shall provide a right of ap19 peal regarding a personnel action under the regulations.

20 The appeal shall be determined within the Department of

21 Defense. An appeal determined at the highest level pro22 vided in the regulations shall be final and not subject to

23 review outside the Department of Defense. A personnel

24 action covered by the regulations is not subject to any
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1 other provision of law that provides appellate rights or

2 procedures.

3 ‘‘(B) Notwithstanding subparagraph (A), a pref4 erence eligible referred to in section 7511(a)(1)(B) of title

5 5 may appeal to the Merit Systems Protection Board any

6 personnel action taken under the regulations. Section

7 7701 of title 5 shall apply to any such appeal.

8 ‘‘(j) APPLICABILITY OF MERIT SYSTEM PRIN9 CIPLES.—Section 2301 of title 5 shall apply to the exercise

10 of authority under this section.

11 ‘‘(k) COLLECTIVE BARGAINING AGREEMENTS.—

12 Nothing in this section may be construed to impair the

13 continued effectiveness of a collective bargaining agree14 ment with respect to an agency or office that is a successor

15 to an agency or office covered by the agreement before

16 the succession.

17 ‘‘(l) NOTIFICATION OF CONGRESS.—At least 60 days

18 before the effective date of regulations prescribed to carry

19 out this section, the Secretary of Defense shall submit the

20 regulations to the Committee on National Security and the

21 Permanent Select Committee on Intelligence of the House

22 of Representatives and the Committee on Armed Services

23 and the Select Committee on Intelligence of the Senate.

24 ‘‘(m) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘defense intelligence component

2 position’ means a position of civilian employment as

3 an intelligence officer or employee of a defense intel4 ligence component.

5 ‘‘(2) The term ‘defense intelligence component’

6 means each of the following components of the

7 Department of Defense:

8 ‘‘(A) The National Security Agency.

9 ‘‘(B) The Defense Intelligence Agency.

10 ‘‘(C) The Central Imagery Office.

11 ‘‘(D) Any component of a military depart12 ment that performs intelligence functions and is

13 designated as a defense intelligence component

14 by the Secretary of Defense.

15 ‘‘(E) Any other component of the Depart16 ment of Defense that performs intelligence

17 functions and is designated as a defense intel18 ligence component by the Secretary of Defense.

19 ‘‘(F) Any successor to a component listed

20 in, or designated pursuant to, this paragraph.

21 ‘‘(3) The term ‘Intelligence Senior Level posi22 tion’ means a defense intelligence component posi23 tion designated as an Intelligence Senior Level posi24 tion pursuant to subsection (f).
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1 ‘‘(4) The term ‘excepted service’ has the mean2 ing given such term in section 2103 of title 5.

3 ‘‘(5) The term ‘preference eligible’ has the

4 meaning given such term in section 2108(3) of

5 title 5.

6 ‘‘(6) The term ‘Senior Executive Service posi7 tion’ has the meaning given such term in section

8 3132(a)(2) of title 5.

9 ‘‘(7) The term ‘collective bargaining agreement’

10 has the meaning given such term in section 7103(8)

11 of title 5.’’.

12 SEC. 1133. REPEALS.

13 (a) DEFENSE INTELLIGENCE SENIOR EXECUTIVE

14 SERVICE.—Sections 1601, 1603, and 1604 of title 10,

15 United States Code, are repealed.

16 (b) NATIONAL SECURITY AGENCY PERSONNEL MAN17 AGEMENT AUTHORITIES.—(1) Sections 2 and 4 of the

18 National Security Agency Act of 1959 (50 U.S.C. 402

19 note) are repealed.

20 (2) Section 303 of the Internal Security Act of 1950

21 (50 U.S.C. 833) is repealed.

22 SEC. 1134. CLERICAL AMENDMENTS.

23 (a) AMENDED SECTION HEADING.—The item relat24 ing to section 1590 in the table of sections at the begin-
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1 ning of chapter 81 of title 10, United States Code, is

2 amended to read as follows:

‘‘1590. Management of civilian intelligence personnel of the Department of

Defense.’’.

3 (b) REPEALED SECTIONS.—The table of sections at

4 the beginning of chapter 83 of title 10, United States

5 Code, is amended by striking out the items relating to sec6 tions 1601, 1603, and 1604.

7 TITLE XII—FEDERAL CHARTER

8 FOR THE FLEET RESERVE AS9 SOCIATION

10 SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHAR11 TER.

12 The Fleet Reserve Association, a nonprofit corpora13 tion organized under the laws of the State of Delaware,

14 is recognized as such and granted a Federal charter.

15 SEC. 1202. POWERS.

16 The Fleet Reserve Association (in this title referred

17 to as the ‘‘association’’) shall have only those powers

18 granted to it through its bylaws and articles of incorpora19 tion filed in the State in which it is incorporated and sub20 ject to the laws of such State.

21 SEC. 1203. PURPOSES.

22 The purposes of the association are those provided

23 in its bylaws and articles of incorporation and shall include

24 the following:
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1 (1) Upholding and defending the Constitution

2 of the United States.

3 (2) Aiding and maintaining an adequate naval

4 defense for the United States.

5 (3) Assisting the recruitment of the best per6 sonnel available for the United States Navy, United

7 States Marine Corps, and United States Coast

8 Guard.

9 (4) Providing for the welfare of the personnel

10 who serve in the United States Navy, United States

11 Marine Corps, and United States Coast Guard.

12 (5) Continuing to serve loyally the United

13 States Navy, United States Marine Corps, and Unit14 ed States Coast Guard.

15 (6) Preserving the spirit of shipmanship by pro16 viding assistance to shipmates and their families.

17 (7) Instilling love of the United States and the

18 flag and promoting soundness of mind and body in

19 the youth of the United States.

20 SEC. 1204. SERVICE OF PROCESS.

21 With respect to service of process, the association

22 shall comply with the laws of the State in which it is incor23 porated and those States in which it carries on its activi24 ties in furtherance of its corporate purposes.
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1 SEC. 1205. MEMBERSHIP.

2 Except as provided in section 1208(g), eligibility for

3 membership in the association and the rights and privi4 leges of members shall be as provided in the bylaws and

5 articles of incorporation of the association.

6 SEC. 1206. BOARD OF DIRECTORS.

7 Except as provided in section 1208(g), the composi8 tion of the board of directors of the association and the

9 responsibilities of the board shall be as provided in the

10 bylaws and articles of incorporation of the association and

11 in conformity with the laws of the State in which it is

12 incorporated.

13 SEC. 1207. OFFICERS.

14 Except as provided in section 1208(g), the positions

15 of officers of the association and the election of members

16 to such officers shall be as provided in the bylaws and

17 articles of incorporation of the association and in conform18 ity with the laws of the State in which it is incorporated.

19 SEC. 1208. RESTRICTIONS.

20 (a) INCOME AND COMPENSATION.—No part of the in21 come or assets of the association may inure to the benefit

22 of any member, officer, or director of the association or

23 be distributed to any such individual during the life of this

24 charter. Nothing in this subsection may be construed to

25 prevent the payment of reasonable compensation to the

26 officers and employees of the association or reimburse-
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1 ment for actual and necessary expenses in amounts ap2 proved by the board of directors.

3 (b) LOANS.—The association may not make any loan

4 to any member, officer, director, or employee of the asso5 ciation.

6 (c) ISSUANCE OF STOCK AND PAYMENT OF DIVI7 DENDS.—The association may not issue any shares of

8 stock or declare or pay any dividend.

9 (d) FEDERAL APPROVAL.—The association may not

10 claim the approval of the Congress or the authorization

11 of the Federal Government for any of its activities by vir12 tue of this title.

13 (e) CORPORATE STATUS.—The association shall

14 maintain its status as a corporation organized and incor15 porated under the laws of the State of Delaware.

16 (f) CORPORATE FUNCTION.—The association shall

17 function as an educational, patriotic, civic, historical, and

18 research organization under the laws of the State in which

19 it is incorporated.

20 (g) NONDISCRIMINATION.—In establishing the condi21 tions of membership in the association and in determining

22 the requirements for serving on the board of directors or

23 as an officer of the association, the association may not

24 discriminate on the basis of race, color, religion, sex, hand25 icap, age, or national origin.
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1 SEC. 1209. LIABILITY.

2 The association shall be liable for the acts of its offi3 cers, directors, employees, and agents whenever such indi4 viduals act within the scope of their authority.

5 SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND

6 RECORDS.

7 (a) BOOKS AND RECORDS OF ACCOUNT.—The asso8 ciation shall keep correct and complete books and records

9 of account and minutes of any proceeding of the associa10 tion involving any of its members, the board of directors,

11 or any committee having authority under the board of di12 rectors.

13 (b) NAMES AND ADDRESSES OF MEMBERS.—The as14 sociation shall keep at its principal office a record of the

15 names and addresses of all members having the right to

16 vote in any proceeding of the association.

17 (c) RIGHT TO INSPECT BOOKS AND RECORDS.—All

18 books and records of the association may be inspected by

19 any member having the right to vote in any proceeding

20 of the association, or by any agent or attorney of such

21 member, for any proper purpose at any reasonable time.

22 (d) APPLICATION OF STATE LAW.—This section may

23 not be construed to contravene any applicable State law.

24 SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

25 The first section of the Act entitled ‘‘An Act to pro26 vide for audit of accounts of private corporations estab-
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1 lished under Federal law’’, approved August 30, 1964 (36

2 U.S.C. 1101), is amended by adding at the end the follow3 ing:

4 ‘‘(77) Fleet Reserve Association.’’.

5 SEC. 1212. ANNUAL REPORT.

6 The association shall annually submit to Congress a

7 report concerning the activities of the association during

8 the preceding fiscal year. The annual report shall be sub9 mitted on the same date as the report of the audit required

10 by reason of the amendment made in section 1211. The

11 annual report shall not be printed as a public document.

12 SEC. 1213. RESERVATION OF RIGHT TO AMEND OR REPEAL

13 CHARTER.

14 The right to alter, amend, or repeal this title is ex15 pressly reserved to Congress.

16 SEC. 1214. TAX-EXEMPT STATUS.

17 The association shall maintain its status as an orga18 nization exempt from taxation as provided in the Internal

19 Revenue Code of 1986.

20 SEC. 1215. TERMINATION.

21 The charter granted in this title shall expire if the

22 association fails to comply with any of the provisions of

23 this title.
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1 SEC. 1216. DEFINITION.

2 For purposes of this title, the term ‘‘State’’ means

3 any of the several States, the District of Columbia, the

4 Commonwealth of Puerto Rico, the Commonwealth of the

5 Northern Mariana Islands, the United States Virgin Is6 lands, Guam, American Samoa, the Republic of the Mar7 shall Islands, the Federated States Of Micronesia, the Re8 public of Palau, and any other territory or possession of

9 the United States.

10 TITLE XIII—DEFENSE AGAINST

11 WEAPONS OF MASS DESTRUC12 TION

13 SEC. 1301. SHORT TITLE.

14 This title may be cited as the ‘‘Defense Against

15 Weapons of Mass Destruction Act of 1996’’.

16 SEC. 1302. FINDINGS.

17 Congress makes the following findings:

18 (1) Weapons of mass destruction and related

19 materials and technologies are increasingly available

20 from worldwide sources. Technical information relat21 ing to such weapons is readily available on the

22 Internet, and raw materials for chemical, biological,

23 and radiological weapons are widely available for le24 gitimate commercial purposes.
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1 (2) The former Soviet Union produced and

2 maintained a vast array of nuclear, biological, and

3 chemical weapons of mass destruction.

4 (3) Many of the states of the former Soviet

5 Union retain the facilities, materials, and tech6 nologies capable of producing additional quantities

7 of weapons of mass destruction.

8 (4) The disintegration of the former Soviet

9 Union was accompanied by disruptions of command

10 and control systems, deficiencies in accountability

11 for weapons, weapons-related materials and tech12 nologies, economic hardships, and significant gaps in

13 border control among the states of the former Soviet

14 Union. The problems of organized crime and corrup15 tion in the states of the former Soviet Union in16 crease the potential for proliferation of nuclear, radi17 ological, biological, and chemical weapons and relat18 ed materials.

19 (5) The conditions described in paragraph (4)

20 have substantially increased the ability of potentially

21 hostile nations, terrorist groups, and individuals to

22 acquire weapons of mass destruction and related

23 materials and technologies from within the states of

24 the former Soviet Union and from unemployed sci25 entists who worked on those programs.
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1 (6) As a result of such conditions, the capability

2 of potentially hostile nations and terrorist groups to

3 acquire nuclear, radiological, biological, and chemical

4 weapons is greater than any time in history.

5 (7) The President has identified North Korea,

6 Iraq, Iran, and Libya as hostile states which already

7 possess some weapons of mass destruction and are

8 developing others.

9 (8) The acquisition or the development and use

10 of weapons of mass destruction is well within the ca11 pability of many extremist and terrorist movements,

12 acting independently or as proxies for foreign states.

13 (9) Foreign states can transfer weapons to or

14 otherwise aid extremist and terrorist movements in15 directly and with plausible deniability.

16 (10) Terrorist groups have already conducted

17 chemical attacks against civilian targets in the Unit18 ed States and Japan, and a radiological attack in

19 Russia.

20 (11) The potential for the national security of

21 the United States to be threatened by nuclear, radio22 logical, chemical, or biological terrorism must be

23 taken as seriously as the risk of an attack by long24 range ballistic missiles carrying nuclear weapons.
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1 (12) There is a significant and growing threat

2 of attack by weapons of mass destruction on targets

3 that are not military targets in the usual sense of

4 the term.

5 (13) Concomitantly, the threat posed to the citi6 zens of the United States by nuclear, radiological,

7 biological, and chemical weapons delivered by uncon8 ventional means is significant and growing.

9 (14) Mass terror may result from terrorist inci10 dents involving nuclear, radiological, biological, or

11 chemical materials, even if such materials are not

12 configured as military weapons.

13 (15) Facilities required for production of radio14 logical, biological, and chemical weapons are much

15 smaller and harder to detect than nuclear weapons

16 facilities, and biological, and chemical weapons can

17 be deployed by alternative delivery means that are

18 much harder to detect than long-range ballistic mis19 siles.

20 (16) Such delivery systems have no assignment

21 of responsibility, unlike ballistic missiles, for which

22 a launch location would be unambiguously known.

23 (17) Covert or unconventional means of delivery

24 of nuclear, radiological, biological, and chemical

25 weapons, which might be preferable to foreign states
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1 and nonstate organizations, include cargo ships, pas2 senger aircraft, commercial and private vehicles and

3 vessels, and commercial cargo shipments routed

4 through multiple destinations.

5 (18) Traditional arms control efforts assume

6 large state efforts with detectable manufacturing

7 programs and weapons production programs, but are

8 ineffective in monitoring and controlling smaller,

9 though potentially more dangerous, unconventional

10 proliferation efforts.

11 (19) Conventional counterproliferation efforts

12 would do little to detect or prevent the rapid devel13 opment of a capability to suddenly manufacture sev14 eral hundred chemical or biological weapons with

15 nothing but commercial supplies and equipment.

16 (20) The United States lacks adequate planning

17 and countermeasures to address the threat of nu18 clear, radiological, biological, and chemical terrorism.

19 (21) The Department of Energy has established

20 a Nuclear Emergency Response Team which is avail21 able in case of nuclear or radiological emergencies,

22 but no comparable units exist to deal with emer23 gencies involving biological, or chemical weapons or

24 related materials.
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1 (22) State and local emergency response per2 sonnel are not adequately prepared or trained for in3 cidents involving nuclear, radiological, biological, or

4 chemical materials.

5 (23) Exercises of the Federal, State, and local

6 response to nuclear, radiological, biological, or chem7 ical terrorism have revealed serious deficiencies in

8 preparedness and severe problems of coordination.

9 (24) The development of, and allocation of re10 sponsibilities for, effective countermeasures to nu11 clear, radiological, biological, or chemical terrorism

12 in the United States requires well-coordinated par13 ticipation of many Federal agencies, and careful

14 planning by the Federal Government and State and

15 local governments.

16 (25) Training and exercises can significantly

17 improve the preparedness of State and local emer18 gency response personnel for emergencies involving

19 nuclear, radiological, biological, or chemical weapons

20 or related materials.

21 (26) Sharing of the expertise and capabilities of

22 the Department of Defense, which traditionally has

23 provided assistance to Federal, State, and local offi24 cials in neutralizing, dismantling, and disposing of

25 explosive ordnance, as well as radiological, biological,
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1 and chemical materials, can be a vital contribution

2 to the development and deployment of counter3 measures against nuclear, biological, and chemical

4 weapons of mass destruction.

5 (27) The United States lacks effective policy co6 ordination regarding the threat posed by the pro7 liferation of weapons of mass destruction.

8 SEC. 1303. DEFINITIONS.

9 In this title:

10 (1) The term ‘‘weapon of mass destruction’’

11 means any weapon or device that is intended, or has

12 the capability, to cause death or serious bodily injury

13 to a significant number of people through the re14 lease, dissemination, or impact of—

15 (A) toxic or poisonous chemicals or their

16 precursors;

17 (B) a disease organism; or

18 (C) radiation or radioactivity.

19 (2) The term ‘‘independent states of the former

20 Soviet Union’’ has the meaning given the term in

21 section 3 of the FREEDOM Support Act (22 U.S.C.

22 5801).

23 (3) The term ‘‘highly enriched uranium’’ means

24 uranium enriched to 20 percent or more in the iso25 tope U–235.
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1 Subtitle A—Domestic Preparedness

2 SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.

3 (a) PROGRAM REQUIRED.—(1) The Secretary of De4 fense shall carry out a program to provide civilian person5 nel of Federal, State, and local agencies with training and

6 expert advice regarding emergency responses to a use or

7 threatened use of a weapon of mass destruction or related

8 materials.

9 (2) The President may designate the head of an agen10 cy other than the Department of Defense to assume the

11 responsibility for carrying out the program on or after Oc12 tober 1, 1999, and relieve the Secretary of Defense of that

13 responsibility upon the assumption of the responsibility by

14 the designated official.

15 (3) Hereafter in this section, the official responsible

16 for carrying out the program is referred to as the ‘‘lead

17 official’’.

18 (b) COORDINATION.—In carrying out the program,

19 the lead official shall coordinate with each of the following

20 officials who is not serving as the lead official:

21 (1) The Director of the Federal Emergency

22 Management Agency.

23 (2) The Secretary of Energy.

24 (3) The Secretary of Defense.
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1 (4) The heads of any other Federal, State, and

2 local government agencies that have an expertise or

3 responsibilities relevant to emergency responses de4 scribed in subsection (a)(1).

5 (c) ELIGIBLE PARTICIPANTS.—The civilian personnel

6 eligible to receive assistance under the program are civil7 ian personnel of Federal, State, and local agencies who

8 have emergency preparedness responsibilities.

9 (d) INVOLVEMENT OF OTHER FEDERAL AGEN10 CIES.—(1) The lead official may use personnel and capa11 bilities of Federal agencies outside the agency of the lead

12 official to provide training and expert advice under the

13 program.

14 (2)(A) Personnel used under paragraph (1) shall be

15 personnel who have special skills relevant to the particular

16 assistance that the personnel are to provide.

17 (B) Capabilities used under paragraph (1) shall be

18 capabilities that are especially relevant to the particular

19 assistance for which the capabilities are used.

20 (e) AVAILABLE ASSISTANCE.—Assistance available

21 under this program shall include the following:

22 (1) Training in the use, operation, and mainte23 nance of equipment for—

24 (A) detecting a chemical or biological agent

25 or nuclear radiation;
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1 (B) monitoring the presence of such an

2 agent or radiation;

3 (C) protecting emergency personnel and

4 the public; and

5 (D) decontamination.

6 (2) Establishment of a designated telephonic

7 link (commonly referred to as a ‘‘hot line’’) to a des8 ignated source of relevant data and expert advice for

9 the use of State or local officials responding to emer10 gencies involving a weapon of mass destruction or

11 related materials.

12 (3) Use of the National Guard and other re13 serve components for purposes authorized under this

14 section that are specified by the lead official (with

15 the concurrence of the Secretary of Defense if the

16 Secretary is not the lead official).

17 (4) Loan of appropriate equipment.

18 (f) LIMITATIONS ON DEPARTMENT OF DEFENSE AS19 SISTANCE TO LAW ENFORCEMENT AGENCIES.—Assist20 ance provided by the Department of Defense to law en21 forcement agencies under this section shall be provided

22 under the authority of, and subject to the restrictions pro23 vided in, chapter 18 of title 10, United States Code.

24 (g) ADMINISTRATION OF DEPARTMENT OF DEFENSE

25 ASSISTANCE.—The Secretary of Defense shall designate
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1 an official within the Department of Defense to serve as

2 the executive agent of the Secretary for the coordination

3 of the provision of Department of Defense assistance

4 under this section.

5 (h) FUNDING.—(1) Of the total amount authorized

6 to be appropriated under section 301, $35,000,000 is

7 available for the program required under this section.

8 (2) Of the amount available for the program pursu9 ant to paragraph (1), $10,500,000 is available for use by

10 the Secretary of Defense to assist the Surgeon General

11 of the United States in the establishment of metropolitan

12 emergency medical response teams (commonly referred to

13 as ‘‘Metropolitan Medical Strike Force Teams’’) to provide

14 medical services that are necessary or potentially nec15 essary by reason of a use or threatened use of a weapon

16 of mass destruction.

17 (3) The amount available for the program under

18 paragraph (1) is in addition to any other amounts author19 ized to be appropriated for the program under section 301.

20 SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMER21 GENCY RESPONSE.

22 (a) DEPARTMENT OF DEFENSE.—The Secretary of

23 Defense shall designate an official within the Department

24 of Defense as the executive agent for—
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1 (1) the coordination of Department of Defense

2 assistance to Federal, State, and local officials in re3 sponding to threats involving biological or chemical

4 weapons or related materials or technologies, includ5 ing assistance in identifying, neutralizing, disman6 tling, and disposing of biological and chemical weap7 ons and related materials and technologies; and

8 (2) the coordination of Department of Defense

9 assistance to the Department of Energy in carrying

10 out that department’s responsibilities under sub11 section (b).

12 (b) DEPARTMENT OF ENERGY.—The Secretary of

13 Energy shall designate an official within the Department

14 of Energy as the executive agent for—

15 (1) the coordination of Department of Energy

16 assistance to Federal, State, and local officials in re17 sponding to threats involving nuclear weapons or re18 lated materials or technologies, including assistance

19 in identifying, neutralizing, dismantling, and dispos20 ing of nuclear weapons and related materials and

21 technologies; and

22 (2) the coordination of Department of Energy

23 assistance to the Department of Defense in carrying

24 out that department’s responsibilities under sub25 section (a).
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1 (c) FUNDING.—(1)(A) Of the total amount author2 ized to be appropriated under section 301, $15,000,000

3 is available for providing assistance described in sub4 section (a).

5 (B) The amount available under subparagraph (A)

6 for providing assistance described in subsection (a) is in

7 addition to any other amounts authorized to be appro8 priated under section 301 for that purpose.

9 (2)(A) Of the total amount authorized to be appro10 priated under title XXXI, $15,000,000 is available for

11 providing assistance described in subsection (b).

12 (B) The amount available under subparagraph (A)

13 for providing assistance is in addition to any other

14 amounts authorized to be appropriated under title XXXI

15 for that purpose.

16 SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW EN17 FORCEMENT OFFICIALS IN EMERGENCY SIT18 UATIONS INVOLVING BIOLOGICAL OR CHEMI19 CAL WEAPONS.

20 (a) ASSISTANCE AUTHORIZED.—(1) The chapter 18

21 of title 10, United States Code, is amended by adding at

22 the end the following:
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1 ‘‘§ 382. Emergency situations involving chemical or

2 biological weapons of mass destruction

3 ‘‘(a) IN GENERAL.—The Secretary of Defense, upon

4 the request of the Attorney General, may provide assist5 ance in support of Department of Justice activities relat6 ing to the enforcement of section 175 or 2332c of title

7 18 during an emergency situation involving a biological

8 or chemical weapon of mass destruction. Department of

9 Defense resources, including personnel of the Department

10 of Defense, may be used to provide such assistance if—

11 ‘‘(1) the Secretary of Defense and the Attorney

12 General jointly determine that an emergency situa13 tion exists; and

14 ‘‘(2) the Secretary of Defense determines that

15 the provision of such assistance will not adversely af16 fect the military preparedness of the United States.

17 ‘‘(b) EMERGENCY SITUATIONS COVERED.—As used

18 in this section, the term ‘emergency situation involving a

19 biological or chemical weapon of mass destruction’ means

20 a circumstance involving a biological or chemical weapon

21 of mass destruction—

22 ‘‘(1) that poses a serious threat to the interests

23 of the United States; and

24 ‘‘(2) in which—

25 ‘‘(A) civilian expertise and capabilities are

26 not readily available to provide the required as-
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1 sistance to counter the threat immediately

2 posed by the weapon involved;

3 ‘‘(B) special capabilities and expertise of

4 the Department of Defense are necessary and

5 critical to counter the threat posed by the weap6 on involved; and

7 ‘‘(C) enforcement of section 175 or 2332c

8 of title 18 would be seriously impaired if the

9 Department of Defense assistance were not pro10 vided.

11 ‘‘(c) FORMS OF ASSISTANCE.—The assistance re12 ferred to in subsection (a) includes the operation of equip13 ment (including equipment made available under section

14 372 of this title) to monitor, contain, disable, or dispose

15 of the weapon involved or elements of the weapon.

16 ‘‘(d) REGULATIONS.—(1) The Secretary of Defense

17 and the Attorney General shall jointly issue regulations

18 concerning the types of assistance that may be provided

19 under this section. Such regulations shall also describe the

20 actions that Department of Defense personnel may take

21 in circumstances incident to the provision of assistance

22 under this section.

23 ‘‘(2)(A) Except as provided in subparagraph (B), the

24 regulations may not authorize the following actions:

25 ‘‘(i) Arrest.
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1 ‘‘(ii) Any direct participation in conducting a

2 search for or seizure of evidence related to a viola3 tion of section 175 or 2332c of title 18.

4 ‘‘(iii) Any direct participation in the collection

5 of intelligence for law enforcement purposes.

6 ‘‘(B) The regulations may authorize an action de7 scribed in subparagraph (A) to be taken under the follow8 ing conditions:

9 ‘‘(i) The action is considered necessary for the

10 immediate protection of human life, and civilian law

11 enforcement officials are not capable of taking the

12 action.

13 ‘‘(ii) The action is otherwise authorized under

14 subsection (c) or under otherwise applicable law.

15 ‘‘(e) REIMBURSEMENTS.—The Secretary of Defense

16 shall require reimbursement as a condition for providing

17 assistance under this section to the extent required under

18 section 377 of this title.

19 ‘‘(f) DELEGATIONS OF AUTHORITY.—(1) Except to

20 the extent otherwise provided by the Secretary of Defense,

21 the Deputy Secretary of Defense may exercise the author22 ity of the Secretary of Defense under this section. The

23 Secretary of Defense may delegate the Secretary’s author24 ity under this section only to an Under Secretary of De25 fense or an Assistant Secretary of Defense and only if the
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1 Under Secretary or Assistant Secretary to whom delegated

2 has been designated by the Secretary to act for, and to

3 exercise the general powers of, the Secretary.

4 ‘‘(2) Except to the extent otherwise provided by the

5 Attorney General, the Deputy Attorney General may exer6 cise the authority of the Attorney General under this sec7 tion. The Attorney General may delegate that authority

8 only to the Associate Attorney General or an Assistant At9 torney General and only if the Associate Attorney General

10 or Assistant Attorney General to whom delegated has been

11 designated by the Attorney General to act for, and to exer12 cise the general powers of, the Attorney General.

13 ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Noth14 ing in this section shall be construed to restrict any execu15 tive branch authority regarding use of members of the

16 armed forces or equipment of the Department of Defense

17 that was in effect before the date of the enactment of the

18 National Defense Authorization Act for Fiscal Year

19 1997.’’.

20 (2) The table of sections at the beginning of such

21 chapter is amended by adding at the end the following:

‘‘382. Emergency situations involving chemical or biological weapons of mass destruction.’’.

22 (b) CONFORMING AMENDMENT TO CONDITION FOR

23 PROVIDING EQUIPMENT AND FACILITIES.—Section

24 372(b)(1) of title 10, United States Code, is amended by
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1 adding at the end the following: ‘‘The requirement for a

2 determination that an item is not reasonably available

3 from another source does not apply to assistance provided

4 under section 382 of this title pursuant to a request of

5 the Attorney General for the assistance.’’.

6 (c) CONFORMING AMENDMENTS RELATING TO AU7 THORITY TO REQUEST ASSISTANCE.—(1)(A) Chapter 10

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

9 after section 175 the following:

10 ‘‘§ 175a. Requests for military assistance to enforce

11 prohibition in certain emergencies

12 ‘‘The Attorney General may request the Secretary of

13 Defense to provide assistance under section 382 of title

14 10 in support of Department of Justice activities relating

15 to the enforcement of section 175 of this title in an emer16 gency situation involving a biological weapon of mass de17 struction. The authority to make such a request may be

18 exercised by another official of the Department of Justice

19 in accordance with section 382(f)(2) of title 10.’’.

20 (B) The table of sections at the beginning of such

21 chapter is amended by inserting after the item relating

22 to section 175 the following:

‘‘175a. Requests for military assistance to enforce prohibition in certain emergencies.’’.
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1 (2)(A) The chapter 133B of title 18, United States

2 Code, that relates to terrorism is amended by inserting

3 after section 2332c the following:

4 ‘‘§ 2332d. Requests for military assistance to enforce

5 prohibition in certain emergencies

6 ‘‘The Attorney General may request the Secretary of

7 Defense to provide assistance under section 382 of title

8 10 in support of Department of Justice activities relating

9 to the enforcement of section 2332c of this title during

10 an emergency situation involving a chemical weapon of

11 mass destruction. The authority to make such a request

12 may be exercised by another official of the Department

13 of Justice in accordance with section 382(f)(2) of title

14 10.’’.

15 (B) The table of sections at the beginning of such

16 chapter is amended by inserting after the item relating

17 to section 2332c the following:

‘‘2332d. Requests for military assistance to enforce prohibition in certain emergencies.’’.

18 (d) CIVILIAN EXPERTISE.—The President shall take

19 reasonable measures to reduce the reliance of civilian law

20 enforcement officials on Department of Defense resources

21 to counter the threat posed by the use or potential use

22 of biological and chemical weapons of mass destruction

23 within the United States. The measures shall include—
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1 (1) actions to increase civilian law enforcement

2 expertise to counter such a threat; and

3 (2) actions to improve coordination between ci4 vilian law enforcement officials and other civilian

5 sources of expertise, within and outside the Federal

6 Government, to counter such a threat.

7 (e) REPORTS.—The President shall submit to Con8 gress the following reports:

9 (1) Not later than 90 days after the date of the

10 enactment of this Act, a report describing the re11 spective policy functions and operational roles of

12 Federal agencies in countering the threat posed by

13 the use or potential use of biological and chemical

14 weapons of mass destruction within the United

15 States.

16 (2) Not later than one year after such date, a

17 report describing—

18 (A) the actions planned to be taken to

19 carry out subsection (d); and

20 (B) the costs of such actions.

21 (3) Not later than three years after such date,

22 a report updating the information provided in the

23 reports submitted pursuant to paragraphs (1) and

24 (2), including the measures taken pursuant to sub25 section (d).
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1 SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES

2 INVOLVING NUCLEAR, RADIOLOGICAL, CHEM3 ICAL, AND BIOLOGICAL WEAPONS.

4 (a) EMERGENCIES INVOLVING CHEMICAL OR BIO5 LOGICAL WEAPONS.—(1) The Secretary of Defense shall

6 develop and carry out a program for testing and improving

7 the responses of Federal, State, and local agencies to

8 emergencies involving biological weapons and related ma9 terials and emergencies involving chemical weapons and

10 related materials.

11 (2) The program shall include exercises to be carried

12 out during each of five successive fiscal years beginning

13 with fiscal year 1997.

14 (3) In developing and carrying out the program, the

15 Secretary shall coordinate with the Director of the Federal

16 Bureau of Investigation, the Director of the Federal

17 Emergency Management Agency, the Secretary of Energy,

18 and the heads of any other Federal, State, and local gov19 ernment agencies that have an expertise or responsibilities

20 relevant to emergencies described in paragraph (1).

21 (b) EMERGENCIES INVOLVING NUCLEAR AND RADIO22 LOGICAL WEAPONS.—(1) The Secretary of Energy shall

23 develop and carry out a program for testing and improving

24 the responses of Federal, State, and local agencies to

25 emergencies involving nuclear and radiological weapons

26 and related materials.
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1 (2) The program shall include exercises to be carried

2 out during each of five successive fiscal years beginning

3 with fiscal year 1997.

4 (3) In developing and carrying out the program, the

5 Secretary shall coordinate with the Director of the Federal

6 Bureau of Investigation, the Director of the Federal

7 Emergency Management Agency, the Secretary of De8 fense, and the heads of any other Federal, State, and local

9 government agencies that have an expertise or responsibil10 ities relevant to emergencies described in paragraph (1).

11 (c) ANNUAL REVISIONS OF PROGRAMS.—The official

12 responsible for carrying out a program developed under

13 subsection (a) or (b) shall revise the program not later

14 than June 1 in each fiscal year covered by the program.

15 The revisions shall include adjustments that the official

16 determines necessary or appropriate on the basis of the

17 lessons learned from the exercise or exercises carried out

18 under the program in the fiscal year, including lessons

19 learned regarding coordination problems and equipment

20 deficiencies.

21 (d) OPTION TO TRANSFER RESPONSIBILITY.—(1)

22 The President may designate the head of an agency out23 side the Department of Defense to assume the responsibil24 ity for carrying out the program developed under sub25 section (a) beginning on or after October 1, 1999, and
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1 relieve the Secretary of Defense of that responsibility upon

2 the assumption of the responsibility by the designated offi3 cial.

4 (2) The President may designate the head of an agen5 cy outside the Department of Energy to assume the re6 sponsibility for carrying out the program developed under

7 subsection (b) beginning on or after October 1, 1999, and

8 relieve the Secretary of Energy of that responsibility upon

9 the assumption of the responsibility by the designated offi10 cial.

11 (e) FUNDING.—(1) Of the total amount authorized

12 to be appropriated under section 301, $15,000,000 is

13 available for the development and execution of the pro14 grams required by this section, including the participation

15 of State and local agencies in exercises carried out under

16 the programs.

17 (2) The amount available under paragraph (1) for the

18 development and execution of programs referred to in that

19 paragraph is in addition to any other amounts authorized

20 to be appropriated under section 301 for such purposes.
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1 Subtitle B—Interdiction of Weap2 ons of Mass Destruction and Re3 lated Materials

4 SEC. 1321. UNITED STATES BORDER SECURITY.

5 (a) PROCUREMENT OF DETECTION EQUIPMENT.—

6 (1) Of the amount authorized to be appropriated by sec7 tion 301, $15,000,000 is available for the procurement

8 of—

9 (A) equipment capable of detecting the move10 ment of weapons of mass destruction and related

11 materials into the United States;

12 (B) equipment capable of interdicting the move13 ment of weapons of mass destruction and related

14 materials into the United States; and

15 (C) materials and technologies related to use of

16 equipment described in subparagraph (A) or (B).

17 (2) The amount available under paragraph (1) for the

18 procurement of items referred to in that paragraph is in

19 addition to any other amounts authorized to be appro20 priated under section 301 for such purpose.

21 (b) AVAILABILITY OF EQUIPMENT TO COMMISSIONER

22 OF CUSTOMS.—To the extent authorized under chapter 18

23 of title 10, United States Code, the Secretary of Defense

24 may make equipment of the Department of Defense de25 scribed in subsection (a), and related materials and tech-
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1 nologies, available to the Commissioner of Customs for use

2 in detecting and interdicting the movement of weapons of

3 mass destruction into the United States.

4 SEC. 1322. NONPROLIFERATION AND COUNTER5 PROLIFERATION RESEARCH AND DEVELOPMENT.

6 (a) ACTIVITIES AUTHORIZED.—The Secretary of De7 fense and the Secretary of Energy are each authorized to

8 carry out research on and development of technical means

9 for detecting the presence, transportation, production, and

10 use of weapons of mass destruction and technologies and

11 materials that are precursors of weapons of mass destruc12 tion.

13 (b) FUNDING.—(1)(A) There is authorized to be ap14 propriated for the Department of Defense for fiscal year

15 1997, $10,000,000 for research and development carried

16 out by the Secretary of Defense pursuant to subsection

17 (a).

18 (B) The amount authorized to be appropriated for

19 research and development under subparagraph (A) is in

20 addition any other amounts that are authorized to be ap21 propriated under this Act for such research and develop22 ment, including funds authorized to be appropriated for

23 research and development relating to nonproliferation of

24 weapons of mass destruction.
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1 (2)(A) Of the total amount authorized to be appro2 priated under title XXXI, $19,000,000 is available for re3 search and development carried out by the Secretary of

4 Energy pursuant to subsection (a).

5 (B) The amount available under subparagraph (B)

6 is in addition to any other amount authorized to be appro7 priated under title XXXI for such research and develop8 ment.

9 SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POW10 ERS ACT.

11 Section 203 of the International Emergency Eco12 nomic Powers Act (50 U.S.C. 1702) is amended—

13 (1) in subsection (a)(1)(B), by striking out ‘‘im14 portation or exportation of,’’ and inserting in lieu

15 thereof ‘‘importation, exportation, or attempted im16 portation or exportation of,’’; and

17 (2) in subsection (b)(3), by striking out ‘‘impor18 tation from any country, or the exportation’’ and in19 serting in lieu thereof ‘‘importation or attempted im20 portation from any country, or the exportation or at21 tempted exportation’’.

22 SEC. 1324. CRIMINAL PENALTIES.

23 It is the sense of Congress that—

24 (1) the sentencing guidelines prescribed by the

25 United States Sentencing Commission for the of-
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1 fenses of importation, attempted importation, expor2 tation, and attempted exportation of nuclear, biologi3 cal, and chemical weapons materials constitute inad4 equate punishment for such offenses; and

5 (2) Congress urges the United States Sentenc6 ing Commission to revise the relevant sentencing

7 guidelines to provide for increased penalties for of8 fenses relating to importation, attempted importa9 tion, exportation, and attempted exportation of nu10 clear, biological, or chemical weapons or related ma11 terials or technologies under—

12 (A) section 11 of the Export Administra13 tion Act of 1979 (50 U.S.C. App. 2410);

14 (B) sections 38 and 40 the Arms Export

15 Control Act (22 U.S.C. 2778 and 2780);

16 (C) the International Emergency Economic

17 Powers Act (50 U.S.C. 1701 et seq.); and

18 (D) section 309(c) of the Nuclear Non19 Proliferation Act of 1978 (22 U.S.C. 2156a(c).

20 SEC. 1325. INTERNATIONAL BORDER SECURITY.

21 (a) SECRETARY OF DEFENSE RESPONSIBILITY.—

22 The Secretary of Defense, in consultation and cooperation

23 with the Commissioner of Customs, shall carry out pro24 grams for assisting customs officials and border guard of25 ficials in the independent states of the former Soviet
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1 Union, the Baltic states, and other countries of Eastern

2 Europe in preventing unauthorized transfer and transpor3 tation of nuclear, biological, and chemical weapons and re4 lated materials. Training, expert advice, maintenance of

5 equipment, loan of equipment, and audits may be provided

6 under or in connection with the programs.

7 (b) FUNDING.—(1) Of the total amount authorized

8 to be appropriated by section 301, $15,000,000 is avail9 able for carrying out the programs referred to in sub10 section (a).

11 (2) The amount available under paragraph (1) for

12 programs referred to in that paragraph is in addition to

13 any other amounts authorized to be appropriated under

14 section 301 for such programs.

15 Subtitle C—Control and Disposi16 tion of Weapons of Mass De17 struction and Related Materials

18 Threatening the United States

19 SEC. 1331. PROTECTION AND CONTROL OF MATERIALS

20 CONSTITUTING A THREAT TO THE UNITED

21 STATES.

22 (a) DEPARTMENT OF ENERGY PROGRAM.—Subject

23 to subsection (c)(1), the Secretary of Energy may, under

24 materials protection, control, and accounting assistance of

25 the Department of Energy, provide assistance for securing
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1 from theft or other unauthorized disposition nuclear mate2 rials that are not so secured and are located at any site

3 within the former Soviet Union where effective controls

4 for securing such materials are not in place.

5 (b) DEPARTMENT OF DEFENSE PROGRAM.—Subject

6 to subsection (c)(2), the Secretary of Defense may provide

7 materials protection, control, and accounting assistance

8 under the Cooperative Threat Reduction Programs of the

9 Department of Defense for securing from theft or other

10 unauthorized disposition, or for destroying, nuclear, radio11 logical, biological, or chemical weapons (or related mate12 rials) that are not so secure and are located at any site

13 within the former Soviet Union where effective controls

14 for securing such weapons are not in place.

15 (c) FUNDING.—(1)(A) Of the total amount author16 ized to be appropriated under title XXXI, $15,000,000 is

17 available for materials protection, control, and accounting

18 assistance of the Department of Energy for providing as19 sistance under subsection (a).

20 (B) The amount available under subparagraph (A)

21 is in addition to any other funds that are authorized to

22 be appropriated under title XXXI for materials protection,

23 control, and accounting assistance of the Department of

24 Energy.
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1 (2)(A) Of the total amount authorized to be appro2 priated under section 301, $10,000,000 is available for the

3 Cooperative Threat Reduction Programs of the Depart4 ment of Defense for providing materials protection, con5 trol, and accounting assistance under subsection (b).

6 (B) The amount available under subparagraph (A)

7 is in addition to any other funds that are authorized to

8 be appropriated by section 301 for materials protection,

9 control, and accounting assistance of the Department of

10 Defense.

11 SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CON12 VERSION OF WEAPONS AND MATERIALS.

13 (a) FUNDING FOR COOPERATIVE ACTIVITIES FOR

14 DEVELOPMENT OF TECHNOLOGIES.—Of the total amount

15 authorized to be appropriated under title XXXI,

16 $10,000,000 is available for continuing and expediting co17 operative activities with the Government of Russia to de18 velop and deploy—

19 (1) technologies for improving verification of

20 nuclear warhead dismantlement;

21 (2) technologies for converting plutonium from

22 weapons into forms that—

23 (A) are better suited for long-term storage

24 than are the forms from which converted;

25 (B) facilitate verification; and
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1 (C) are suitable for nonweapons use; and

2 (3) technologies that promote openness in Rus3 sian production, storage, use, and final and interim

4 disposition of weapon-usable fissible material, includ5 ing at tritium/isotope production reactors, uranium

6 enrichment plants, chemical separation plants, and

7 fabrication facilities associated with naval and civil

8 research reactors.

9 (b) WEAPONS-USABLE FISSILE MATERIALS TO BE

10 COVERED BY COOPERATIVE THREAT REDUCTION PRO11 GRAMS ON ELIMINATION OR TRANSPORTATION OF NU12 CLEAR WEAPONS.—Section 1201(b)(1) of the National

13 Defense Authorization Act for Fiscal Year 1996 (Public

14 Law 104–106; 110 Stat. 469; 22 U.S.C. 5955 note) is

15 amended by inserting ‘‘, fissile material suitable for use

16 in nuclear weapons,’’ after ‘‘other weapons’’.

17 SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.

18 (a) REPLACEMENT PROGRAM.—The Secretary of De19 fense, in consultation with the Secretary of Energy, shall

20 develop a cooperative program with the Government of

21 Russia to eliminate the production of weapons grade plu22 tonium by modifying or replacing the reactor cores at

23 Tomsk–7 and Krasnoyarsk–26 with reactor cores that are

24 less suitable for the production of weapons-grade pluto25 nium.
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1 (b) PROGRAM REQUIREMENTS.—(1) The program

2 shall be designed to achieve completion of the modifica3 tions or replacements of the reactor cores within three

4 years after the modification or replacement activities

5 under the program are begun.

6 (2) The plan for the program shall—

7 (A) specify—

8 (i) successive steps for the modification or

9 replacement of the reactor cores; and

10 (ii) clearly defined milestones to be

11 achieved; and

12 (B) include estimates of the costs of the pro13 gram.

14 (c) SUBMISSION OF PROGRAM PLAN TO CON15 GRESS.—Not later than 180 days after the date of the

16 enactment of this Act, the Secretary of Defense shall sub17 mit to Congress—

18 (1) a plan for the program under subsection

19 (a);

20 (2) an estimate of the United States funding

21 that is necessary for carrying out the activities

22 under the program for each fiscal year covered by

23 the program; and

24 (3) a comparison of the benefits of the program

25 with the benefits of other nonproliferation programs.
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1 (d) FUNDING FOR INITIAL PHASE.—(1) Of the total

2 amount authorized to be appropriated by section 301

3 other than for Cooperative Threat Reduction programs,

4 $16,000,000 is available for the initial phase of the pro5 gram under subsection (a).

6 (2) The amount available for the initial phase of the

7 reactor modification or replacement program under para8 graph (1) is in addition to amounts authorized to be ap9 propriated for Cooperative Threat Reduction programs

10 under section 301(20).

11 SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DE12 MILITARIZE WEAPONS OF MASS DESTRUC13 TION PRODUCTION FACILITIES.

14 (a) DEPARTMENT OF ENERGY PROGRAM.—The Sec15 retary of Energy shall expand the Industrial Partnership

16 Program of the Department of Energy to include coverage

17 of all of the independent states of the former Soviet Union.

18 (b) DEPARTMENT OF DEFENSE PROGRAM.—The

19 Secretary of Defense shall establish a program to support

20 the dismantlement or conversion of the biological and

21 chemical weapons facilities in the independent states of

22 the former Soviet Union to uses for nondefense purposes.

23 The Secretary may carry out such program in conjunction

24 with, or separately from, the organization designated as

25 the Defense Enterprise Fund (formerly designated as the
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1 ‘‘Demilitarization Enterprise Fund’’ under section 1204

2 of the National Defense Authorization Act for Fiscal Year

3 1994 (Public Law 103–160; 22 U.S.C. 5953)).

4 (c) FUNDING FOR DEPARTMENT OF DEFENSE PRO5 GRAM.—(1)(A) Of the total amount authorized to be ap6 propriated under section 301, $15,000,000 is available for

7 the program under subsection (b).

8 (B) The amount available under subparagraph (A)

9 for the industrial partnership program of the Department

10 of Defense established pursuant to subsection (b) is in ad11 dition to the amount authorized to be appropriated for Co12 operative Threat Reduction programs under section 301.

13 (2) It is the sense of Congress that the Secretary of

14 Defense should transfer to the Defense Enterprise Fund,

15 $20,000,000 out of the funds appropriated for Coopera16 tive Threat Reduction programs for fiscal years before fis17 cal year 1997 that remain available for obligation.

18 SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY

19 AND SECURITY OF NUCLEAR MATERIALS.

20 (a) PROGRAM EXPANSION AUTHORIZED.—The Sec21 retary of Energy is authorized to expand the Lab-to-Lab

22 program of the Department of Energy to improve the safe23 ty and security of nuclear materials in the independent

24 states of the former Soviet Union where the Lab-to-Lab
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1 program is not being carried out on the date of the enact2 ment of this Act.

3 (b) FUNDING.—(1) Of the total amount authorized

4 to be appropriated under title XXXI, $20,000,000 is avail5 able for expanding the Lab-to-Lab program as authorized

6 under subsection (a).

7 (2) The amount available under paragraph (1) is in

8 addition to any other amount otherwise available for the

9 Lab-to-Lab program.

10 SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF

11 HIGHLY ENRICHED URANIUM USED FOR PRO12 PULSION OF RUSSIAN SHIPS.

13 (a) RESPONSIBLE UNITED STATES OFFICIAL.—The

14 Secretary of Energy shall be responsible for carrying out

15 United States cooperative activities with the Government

16 of the Russian Federation on improving the security of

17 highly enriched uranium that is used for propulsion of

18 Russian military and civilian ships.

19 (b) PLAN REQUIRED.—(1) The Secretary shall de20 velop and periodically update a plan for the cooperative

21 activities referred to in subsection (a).

22 (2) The Secretary shall coordinate the development

23 and updating of the plan with the Secretary of Defense.

24 The Secretary of Defense shall involve the Joint Chiefs

25 of Staff in the coordination.
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1 (c) FUNDING.—(1) Of the total amount authorized

2 to be appropriated by title XXXI, $6,000,000 is available

3 for materials protection, control, and accounting program

4 of the Department of Energy for the cooperative activities

5 referred to in subsection (a).

6 (2) The amount available for the Department of En7 ergy for materials protection, control, and accounting pro8 gram under paragraph (1) is in addition to other amounts

9 authorized to be appropriated by title XXXI for such pro10 gram.

11 SEC. 1337. MILITARY-TO-MILITARY RELATIONS.

12 (a) FUNDING.—Of the total amount authorized to be

13 appropriated under section 301, $2,000,000 is available

14 for expanding military-to-military programs of the United

15 States that focus on countering the threats of proliferation

16 of weapons of mass destruction so as to include the secu17 rity forces of independent states of the former Soviet

18 Union, particularly states in the Caucasus region and

19 Central Asia.

20 (b) RELATIONSHIP TO OTHER FUNDING AUTHOR21 ITY.—The amount available for expanding military-to22 military programs under subsection (a) is in addition to

23 the amount authorized to be appropriated for Cooperative

24 Threat Reduction programs under section 301.
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1 SEC. 1338. TRANSFER AUTHORITY.

2 (a) SECRETARY OF DEFENSE.—(1) To the extent

3 provided in appropriations Acts, the Secretary of Defense

4 may transfer amounts appropriated pursuant to this sub5 title for the Department of Defense for programs and au6 thorities under this subtitle to appropriations available for

7 programs authorized under subtitle A.

8 (2) Amounts so transferred shall be merged with the

9 appropriations to which transferred and shall be available

10 for the programs for which the amounts are transferred.

11 (3) The transfer authority under paragraph (1) is in

12 addition to any other transfer authority provided by this

13 Act.

14 (b) SECRETARY OF ENERGY.—(1) To the extent pro15 vided in appropriations Acts, the Secretary of Energy may

16 transfer amounts appropriated pursuant to this subtitle

17 for the Department of Energy for programs and authori18 ties under this subtitle to appropriations available for pro19 grams authorized under subtitle A.

20 (2) Amounts so transferred shall be merged with the

21 appropriations to which transferred and shall be available

22 for the programs for which the amounts are transferred.

23 (3) The transfer authority under paragraph (1) is in

24 addition to any other transfer authority provided by this

25 Act.
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1 Subtitle D—Coordination of Policy

2 and Countermeasures Against

3 Proliferation of Weapons of

4 Mass Destruction

5 SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERA6 TION.

7 (a) DESIGNATION OF POSITION.—The President

8 shall designate an individual to serve in the Executive Of9 fice of the President as the National Coordinator for Non10 proliferation Matters.

11 (b) DUTIES.—The Coordinator shall have the follow12 ing responsibilities:

13 (1) To be the principal adviser to the President

14 on nonproliferation of weapons of mass destruction,

15 including issues related to terrorism, arms control,

16 and international organized crime.

17 (2) To chair the Committee on Nonproliferation

18 established under section 1342.

19 (3) To take such actions as are necessary to en20 sure that there is appropriate emphasis in, coopera21 tion on, and coordination of, nonproliferation re22 search efforts of the United States, including activi23 ties of Federal agencies as well as activities of con24 tractors funded by the Federal Government.
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1 (c) RELATIONSHIP TO CERTAIN SENIOR DIRECTORS

2 OF NATIONAL SECURITY COUNCIL.—(1) The senior direc3 tors of the National Security Council report to the Coordi4 nator regarding the following matters:

5 (A) Nonproliferation of weapons of mass de6 struction and related issues.

7 (B) Management of crises involving use or

8 threatened use of weapons of mass destruction, and

9 on management of the consequences of the use or

10 threatened use of such a weapon.

11 (C) Terrorism, arms control, and organized

12 crime issues that relate to the threat of proliferation

13 of weapons of mass destruction.

14 (2) Nothing in paragraph (1) shall be construed to

15 affect the reporting relationship between a senior director

16 and the Assistant to the President for National Security

17 Affairs or any other supervisor regarding matters other

18 than matters described in paragraph (1).

19 (d) ALLOCATION OF FUNDS.—Of the total amount

20 authorized to be appropriated under section 201,

21 $2,000,000 is available for carrying out research referred

22 to in subsection (b)(3). Such amount is in addition to any

23 other amounts authorized to be appropriated under sec24 tion 201 for such purpose.
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1 SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON

2 NONPROLIFERATION.

3 (a) ESTABLISHMENT.—The Committee on Non4 proliferation (in this section referred to as the ‘‘Commit5 tee’’) is established as a committee of the National Secu6 rity Council.

7 (b) MEMBERSHIP.—(1) The Committee shall be com8 posed of the following:

9 (A) The Secretary of State.

10 (B) The Secretary of Defense.

11 (C) The Director of Central Intelligence.

12 (D) The Attorney General.

13 (E) The Secretary of Energy.

14 (F) The Administrator of the Federal Emer15 gency Management Agency.

16 (G) The Secretary of the Treasury.

17 (H) The Secretary of Commerce.

18 (I) Such other members as the President may

19 designate.

20 (2) The National Coordinator for Nonproliferation

21 Matters shall chair the Committee on Nonproliferation.

22 (c) RESPONSIBILITIES.—The Committee has the fol23 lowing responsibilities:

24 (1) To review and coordinate Federal programs,

25 policies, and directives relating to the proliferation of

26 weapons of mass destruction and related materials
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1 and technologies, including matters relating to ter2 rorism and international organized crime.

3 (2) To make recommendations to the President

4 regarding the following:

5 (A) Integrated national policies for coun6 tering the threats posed by weapons of mass de7 struction.

8 (B) Options for integrating Federal agency

9 budgets for countering such threats.

10 (C) Means to ensure that the Federal,

11 State, and local governments have adequate ca12 pabilities to manage crises involving nuclear, ra13 diological, biological, or chemical weapons or re14 lated materials or technologies, and to manage

15 the consequences of a use of such a weapon or

16 related materials or technologies, and that use

17 of those capabilities is coordinated.

18 (D) Means to ensure appropriate coopera19 tion on, and coordination of, the following:

20 (i) Preventing the smuggling of weap21 ons of mass destruction and related mate22 rials and technologies.

23 (ii) Promoting domestic and inter24 national law enforcement efforts against

25 proliferation-related efforts.
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1 (iii) Countering the involvement of or2 ganized crime groups in proliferation-relat3 ed activities.

4 (iv) Safeguarding weapons of mass

5 destruction materials and related tech6 nologies.

7 (v) Improving coordination and co8 operation among intelligence activities, law

9 enforcement, and the Departments of De10 fense, State, Commerce, and Energy in

11 support of nonproliferation and

12 counterproliferation efforts.

13 (vi) Ensuring the continuation of ef14 fective export controls over materials and

15 technologies that can contribute to the ac16 quisition of weapons of mass destruction.

17 (vii) Reducing proliferation of weap18 ons of mass destruction and related mate19 rials and technologies.

20 SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.

21 (a) PROGRAM REQUIRED.—The President, acting

22 through the Committee on Nonproliferation established

23 under section 1342, shall develop a comprehensive pro24 gram for carrying out this title.
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1 (b) CONTENT OF PROGRAM.—The program set forth

2 in the report shall include specific plans as follows:

3 (1) Plans for countering proliferation of weap4 ons of mass destruction and related materials and

5 technologies.

6 (2) Plans for training and equipping Federal,

7 State, and local officials for managing a crisis in8 volving a use or threatened use of a weapon of mass

9 destruction, including the consequences of the use of

10 such a weapon.

11 (3) Plans for providing for regular sharing of

12 information among intelligence, law enforcement,

13 and customs agencies.

14 (4) Plans for training and equipping law en15 forcement units, customs services, and border secu16 rity personnel to counter the smuggling of weapons

17 of mass destruction and related materials and tech18 nologies.

19 (5) Plans for establishing appropriate centers

20 for analyzing seized nuclear, radiological, biological,

21 and chemical weapons, and related materials and

22 technologies.

23 (6) Plans for establishing in the United States

24 appropriate legal controls and authorities relating to

25 the exporting of nuclear, radiological, biological, and
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1 chemical weapons, and related materials and tech2 nologies.

3 (7) Plans for encouraging and assisting govern4 ments of foreign countries to implement and enforce

5 laws that set forth appropriate penalties for offenses

6 regarding the smuggling of weapons of mass de7 struction and related materials and technologies.

8 (8) Plans for building the confidence of the

9 United States and Russia in each other’s controls

10 over United States and Russian nuclear weapons

11 and fissile materials, including plans for verifying

12 the dismantlement of nuclear weapons.

13 (9) Plans for reducing United States and Rus14 sian stockpiles of excess plutonium, reflecting—

15 (A) consideration of the desirability and

16 feasibility of a United States-Russian agree17 ment governing fissile material disposition and

18 the specific technologies and approaches to be

19 used for disposition of excess plutonium; and

20 (B) an assessment of the options for Unit21 ed States cooperation with Russia in the dis22 position of Russian plutonium.

23 (10) Plans for studying the merits and costs of

24 establishing a global network of means for detecting

25 and responding to terroristic or other criminal use of
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1 biological agents against people or other forms of life

2 in the United States or any foreign country.

3 (c) REPORT.—(1) At the same time that the Presi4 dent submits the budget for fiscal year 1998 to Congress

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

6 Code, the President shall submit to Congress a report that

7 sets forth the comprehensive program developed under

8 subsection (a).

9 (2) The report shall include the following:

10 (A) The specific plans for the program that are

11 required under subsection (b).

12 (B) Estimates of the funds necessary for carry13 ing out such plans in fiscal year 1998.

14 (3) The report shall be in an unclassified form. If

15 there is a classified version of the report, the President

16 shall submit the classified version at the same time.

17 SEC. 1344. TERMINATION.

18 After September 30, 1999, the President—

19 (1) is not required to maintain a National Coor20 dinator for Nonproliferation Matters under section

21 1341; and

22 (2) may terminate the Committee on Non23 proliferation established under section 1342.
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1 Subtitle E—Miscellaneous

2 SEC. 1351. CONTRACTING POLICY.

3 It is the sense of Congress that the Secretary of De4 fense, the Secretary of Energy, the Secretary of the Treas5 ury, and the Secretary of State—

6 (1) in the administration of funds available to

7 such officials in accordance with this title, should (to

8 the extent possible under law) contract directly with

9 suppliers in independent states of the former Soviet

10 Union to facilitate the purchase of goods and serv11 ices necessary to carry out effectively the programs

12 and authorities provided or referred to in subtitle C;

13 and

14 (2) to do so should seek means, consistent with

15 law, to utilize innovative contracting approaches to

16 avoid delay and increase the effectiveness of such

17 programs and of the exercise of such authorities.

18 SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERA19 TIVE THREAT REDUCTION PROGRAMS.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) The various Cooperative Threat Reduction

23 programs are being carried out at different rates in

24 the various countries covered by such programs.
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1 (2) It is necessary to authorize transfers of

2 funding allocations among the various programs in

3 order to maximize the effectiveness of United States

4 efforts under such programs.

5 (b) TRANSFERS AUTHORIZED.—Funds appropriated

6 for the purposes set forth in subsection (a) of section 1202

7 of the National Defense Authorization Act for Fiscal Year

8 1996 (Public Law 104–106; 110 Stat. 409) may be used

9 for any such purpose without regard to the allocation set

10 forth in that section and without regard to subsection (b)

11 of such section.

12 SEC. 1353. ADDITIONAL CERTIFICATIONS.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the Cooperative Threat Reduction programs

16 and other United States programs that are derived

17 from programs established under the Former Soviet

18 Union Demilitarization Act of 1992 (title XIV of

19 Public Law 102–484; 22 U.S.C. 2901 et seq.)

20 should be expanded by offering assistance under

21 those programs to other independent states of the

22 former Soviet Union in addition to Russia, Ukraine,

23 Kazakstan, and Belarus; and

24 (2) the President should offer assistance to ad25 ditional independent states of the former Soviet
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1 Union in each case in which the participation of

2 such states would benefit national security interests

3 of the United States by improving border controls

4 and safeguards over materials and technology associ5 ated with weapons of mass destruction.

6 (b) EXTENSION OF COVERAGE.—Assistance under

7 programs referred to in subsection (a) may, notwithstand8 ing any other provision of law, be extended to include an

9 independent state of the former Soviet Union if the Presi10 dent certifies to Congress that it is in the national inter11 ests of the United States to extend the assistance to that

12 state.

13 SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DE14 RIVED FROM RUSSIAN HIGHLY ENRICHED

15 URANIUM.

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that the allies of the United States and other nations

18 should participate in efforts to ensure that stockpiles of

19 weapons-grade nuclear material are reduced.

20 (b) ACTIONS BY THE SECRETARY OF STATE.—Con21 gress urges the Secretary of State to encourage, in con22 sultation with the Secretary of Energy, other countries to

23 purchase low-enriched uranium that is derived from highly

24 enriched uranium extracted from Russian nuclear weap25 ons.
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1 SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION

2 OF FISSILE MATERIALS AT RISK OF THEFT.

3 It is the sense of Congress that—

4 (1) the Secretary of Defense, the Secretary of

5 Energy, the Secretary of the Treasury, and the Sec6 retary of State should purchase, package, and trans7 port to secure locations weapons-grade nuclear mate8 rials from a stockpile of such materials if such offi9 cials determine that—

10 (A) there is a significant risk of theft of

11 such materials; and

12 (B) there is no reasonable and economi13 cally feasible alternative for securing such mate14 rials; and

15 (2) if it is necessary to do so in order to secure

16 the materials, the materials should be imported into

17 the United States, subject to the laws and regula18 tions that are applicable to the importation of such

19 materials into the United States.

20 SEC. 1356. REDUCTIONS IN AUTHORIZATION OF APPRO21 PRIATIONS.

22 (a) NAVY RDT&E.—(1) The total amount authorized

23 to be appropriated under section 201(2) is reduced by

24 $150,000,000.

25 (2) The reduction in paragraph (1) shall be applied

26 to reduce by $150,000,000 the amount authorized to be
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1 appropriated under section 201(2) for the Distributed

2 Surveillance System.

3 (b) OPERATIONS AND MAINTENANCE, DEFENSE4 WIDE.—The total amount authorized to be appropriated

5 under section 301(5) is reduced by $85,000,000.

6 TITLE XIV—FEDERAL EMPLOYEE

7 TRAVEL REFORM

8 SEC. 1401. SHORT TITLE.

9 This title may be cited as the ‘‘Travel Reform and

10 Savings Act of 1996’’.

11 Subtitle A—Relocation Benefits

12 SEC. 1411. MODIFICATION OF ALLOWANCE FOR SEEKING

13 PERMANENT RESIDENCE QUARTERS.

14 Section 5724a of title 5, United States Code, is

15 amended to read as follows:

16 ‘‘§ 5724a. Relocation expenses of employees trans17 ferred or reemployed

18 ‘‘(a) An agency shall pay to or on behalf of an em19 ployee who transfers in the interest of the Government,

20 a per diem allowance or the actual subsistence expenses,

21 or a combination thereof, of the immediate family of the

22 employee for en route travel of the immediate family be23 tween the employee’s old and new official stations.
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1 ‘‘(b)(1) An agency may pay to or on behalf of an em2 ployee who transfers in the interest of the Government be3 tween official stations located within the United States—

4 ‘‘(A) the expenses of transportation, and either

5 a per diem allowance or the actual subsistence ex6 penses, or a combination thereof, of the employee

7 and the employee’s spouse for travel to seek perma8 nent residence quarters at a new official station; or

9 ‘‘(B) the expenses of transportation, and an

10 amount for subsistence expenses in lieu of a per

11 diem allowance or the actual subsistence expenses or

12 a combination thereof, authorized in subparagraph

13 (A) of this paragraph.

14 ‘‘(2) Expenses authorized under this subsection may

15 be allowed only for one round trip in connection with each

16 change of station of the employee.’’.

17 SEC. 1412. MODIFICATION OF TEMPORARY QUARTERS SUB18 SISTENCE EXPENSES ALLOWANCE.

19 Section 5724a of title 5, United States Code, is fur20 ther amended by adding at the end the following new sub21 section:

22 ‘‘(c)(1) An agency may pay to or on behalf of an em23 ployee who transfers in the interest of the Government—

24 ‘‘(A) actual subsistence expenses of the em25 ployee and the employee’s immediate family for a pe-
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1 riod of up to 60 days while occupying temporary

2 quarters when the new official station is located

3 within the United States as defined in subsection (d)

4 of this section; or

5 ‘‘(B) an amount for subsistence expenses in6 stead of the actual subsistence expenses authorized

7 in subparagraph (A) of this paragraph.

8 ‘‘(2) The period authorized in paragraph (1) of this

9 subsection for payment of expenses for residence in tem10 porary quarters may be extended up to an additional 60

11 days if the head of the agency concerned or the designee

12 of such head of the agency determines that there are com13 pelling reasons for the continued occupancy of temporary

14 quarters.

15 ‘‘(3) The regulations implementing paragraph (1)(A)

16 shall prescribe daily rates and amounts for subsistence ex17 penses per individual.’’.

18 SEC. 1413. MODIFICATION OF RESIDENCE TRANSACTION

19 EXPENSES ALLOWANCE.

20 (a) EXPENSES OF SALE.—Section 5724a of title 5,

21 United States Code, is further amended by adding at the

22 end the following new subsection:

23 ‘‘(d)(1) An agency shall pay to or on behalf of an

24 employee who transfers in the interest of the Government,

25 expenses of the sale of the residence (or the settlement
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1 of an unexpired lease) of the employee at the old official

2 station and purchase of a residence at the new official sta3 tion that are required to be paid by the employee, when

4 the old and new official stations are located within the

5 United States.

6 ‘‘(2) An agency shall pay to or on behalf of an em7 ployee who transfers in the interest of the Government

8 from a post of duty located outside the United States to

9 an official station within the United States (other than

10 the official station within the United States from which

11 the employee was transferred when assigned to the foreign

12 tour of duty)—

13 ‘‘(A) expenses required to be paid by the em14 ployee of the sale of the residence (or the settlement

15 of an unexpired lease) of the employee at the old of16 ficial station from which the employee was trans17 ferred when the employee was assigned to the post

18 of duty located outside the United States; and

19 ‘‘(B) expenses required to be paid by the em20 ployee of the purchase of a residence at the new offi21 cial station within the United States.

22 ‘‘(3) Reimbursement of expenses under paragraph (2)

23 of this subsection shall not be allowed for any sale (or set24 tlement of an unexpired lease) or purchase transaction

25 that occurs prior to official notification that the employ-
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1 ee’s return to the United States would be to an official

2 station other than the official station from which the em3 ployee was transferred when assigned to the post of duty

4 outside the United States.

5 ‘‘(4) Reimbursement for brokerage fees on the sale

6 of the residence and other expenses under this subsection

7 may not exceed those customarily charged in the locality

8 where the residence is located.

9 ‘‘(5) Reimbursement may not be made under this

10 subsection for losses incurred by the employee on the sale

11 of the residence.

12 ‘‘(6) This subsection applies regardless of whether

13 title to the residence or the unexpired lease is—

14 ‘‘(A) in the name of the employee alone;

15 ‘‘(B) in the joint names of the employee and a

16 member of the employee’s immediate family; or

17 ‘‘(C) in the name of a member of the employ18 ee’s immediate family alone.

19 ‘‘(7)(A) In connection with the sale of the residence

20 at the old official station, reimbursement under this sub21 section shall not exceed 10 percent of the sale price.

22 ‘‘(B) In connection with the purchase of a residence

23 at the new official station, reimbursement under this sub24 section shall not exceed 5 percent of the purchase price.
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1 ‘‘(8) For purposes of this subsection, the term ‘Unit2 ed States’ means the several States of the United States,

3 the District of Columbia, the territories and possessions

4 of the United States, the Commonwealth of Puerto Rico,

5 the Commonwealth of the Northern Mariana Islands, and

6 the areas and installations in the Republic of Panama

7 made available to the United States pursuant to the Pan8 ama Canal Treaty of 1977 and related agreements (as de9 scribed in section 3(a) of the Panama Canal Act of

10 1979).’’.

11 (b) RELOCATION SERVICES.—Section 5724c of title

12 5, United State Code, is amended to read as follows:

13 ‘‘§ 5724c. Relocation services

14 ‘‘Under regulations prescribed under section 5737,

15 each agency may enter into contracts to provide relocation

16 services to agencies and employees for the purpose of car17 rying out this subchapter. An agency may pay a fee for

18 such services. Such services include arranging for the pur19 chase of a transferred employee’s residence.’’.

20 SEC. 1414. AUTHORITY TO PAY FOR PROPERTY MANAGE21 MENT SERVICES.

22 Section 5724a of title 5, United States Code, is fur23 ther amended—

24 (1) in subsection (d) (as added by section 1413

25 of this title)—
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1 (A) by redesignating paragraph (8) as

2 paragraph (9); and

3 (B) by inserting after paragraph (7) the

4 following new paragraph:

5 ‘‘(8) An agency may pay to or on behalf of an em6 ployee who transfers in the interest of the Government,

7 expenses of property management services when the agen8 cy determines that such transfer is advantageous and cost9 effective to the Government, instead of expenses under

10 paragraph (2) or (3) of this subsection, for sale of the

11 employee’s residence.’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(e) An agency may pay to or on behalf of an em15 ployee who transfers in the interest of the Government,

16 the expenses of property management services when the

17 employee transfers to a post of duty outside the United

18 States as defined in subsection (d) of this section. Such

19 payment shall terminate upon return of the employee to

20 an official station within the United States as defined in

21 subsection (d) of this section.’’.
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1 SEC. 1415. AUTHORITY TO TRANSPORT A PRIVATELY

2 OWNED MOTOR VEHICLE WITHIN THE CON3 TINENTAL UNITED STATES.

4 (a) IN GENERAL.—Section 5727 of title 5, United

5 States Code, is amended—

6 (1) by redesignating subsections (c) through (e)

7 as subsections (d) through (f), respectively;

8 (2) by inserting after subsection (b) the follow9 ing new subsection:

10 ‘‘(c) Under regulations prescribed under section

11 5737, the privately owned motor vehicle or vehicles of an

12 employee, including a new appointee or a student trainee

13 for whom travel and transportation expenses are author14 ized under section 5723, may be transported at Govern15 ment expense to a new official station of the employee

16 when the agency determines that such transport is advan17 tageous and cost-effective to the Government.’’; and

18 (3) in subsection (e) (as so redesignated), by

19 striking ‘‘subsection (b) of this section’’ and by in20 serting ‘‘subsection (b) or (c) of this section’’.

21 (b) AVAILABILITY OF APPROPRIATIONS.—(1) Section

22 5722(a) of title 5, United States Code, is amended—

23 (A) by striking ‘‘and’’ at the end of paragraph

24 (1);

25 (B) by striking the period at the end of para26 graph (2) and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following:

2 ‘‘(3) the expenses of transporting a privately

3 owned motor vehicle to the extent authorized under

4 section 5727(c).’’.

5 (2) Section 5723(a) of title 5, United States Code,

6 is amended—

7 (A) by striking ‘‘and’’ at the end of paragraph

8 (1);

9 (B) by inserting ‘‘and’’ after the semicolon at

10 the end of paragraph (2); and

11 (C) by adding at the end the following:

12 ‘‘(3) the expenses of transporting a privately

13 owned motor vehicle to the extent authorized under

14 section 5727(c);’’.

15 SEC. 1416. AUTHORITY TO PAY LIMITED RELOCATION AL16 LOWANCES TO AN EMPLOYEE WHO IS PER17 FORMING AN EXTENDED ASSIGNMENT.

18 (a) IN GENERAL.—Subchapter II of chapter 57 of

19 title 5, United States Code, is amended by adding at the

20 end the following new section:

21 ‘‘§ 5736. Relocation expenses of an employee who is

22 performing an extended assignment

23 ‘‘(a) Under regulations prescribed under section

24 5737, an agency may pay to or on behalf of an employee

25 assigned from the employee’s official station to a duty sta-
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1 tion for a period of no less than 6 months and no greater

2 than 30 months, the following expenses in lieu of payment

3 of expenses authorized under subchapter I of this chapter:

4 ‘‘(1) Travel expenses to and from the assign5 ment location in accordance with section 5724.

6 ‘‘(2) Transportation expenses of the immediate

7 family and household goods and personal effects to

8 and from the assignment location in accordance with

9 section 5724.

10 ‘‘(3) A per diem allowance for the employee’s

11 immediate family to and from the assignment loca12 tion in accordance with section 5724a(a).

13 ‘‘(4) Travel and transportation expenses of the

14 employee and spouse to seek residence quarters at

15 the assignment location in accordance with section

16 5724a(b).

17 ‘‘(5) Subsistence expenses of the employee and

18 the employee’s immediate family while occupying

19 temporary quarters upon commencement and termi20 nation of the assignment in accordance with section

21 5724a(c).

22 ‘‘(6) An amount, in accordance with section

23 5724a(g), to be used by the employee for miscellane24 ous expenses.
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1 ‘‘(7) The expenses of transporting a privately

2 owned motor vehicle or vehicles to the assignment lo3 cation in accordance with section 5727.

4 ‘‘(8) An allowance as authorized under section

5 5724b of this title for Federal, State, and local in6 come taxes incurred on reimbursement of expenses

7 paid under this section or on services provided in

8 kind under this section.

9 ‘‘(9) Expenses of nontemporary storage of

10 household goods and personal effects as defined in

11 section 5726(a). The weight of the household goods

12 and personal effects stored under this subsection, to13 gether with the weight of property transported under

14 section 5724(a), may not exceed the total maximum

15 weight which could be transported in accordance

16 with section 5724(a).

17 ‘‘(10) Expenses of property management serv18 ices.

19 ‘‘(b) An agency shall not make payment under this

20 section to or on behalf of the employee for expenses in21 curred after termination of the temporary assignment.’’.

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

23 for chapter 57 of title 5, United States Code, is amended

24 by inserting after the item relating to section 5735 the

25 following new item:
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‘‘5736. Relocation expenses of an employee who is performing an extended assignment.’’.

1 SEC. 1417. AUTHORITY TO PAY A HOME MARKETING INCEN2 TIVE.

3 (a) IN GENERAL.—Subchapter IV of chapter 57 of

4 title 5, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 5756. Home marketing incentive payment

7 ‘‘(a) Under such regulations as the Administrator of

8 General Services may prescribe, an agency may pay to an

9 employee who transfers in the interest of the Government

10 an amount, not to exceed a maximum payment amount

11 established by the Administrator in consultation with the

12 Director of the Office of Management and Budget, to en13 courage the employee to aggressively market the employ14 ee’s residence at the old official station when—

15 ‘‘(1) the residence is entered into a program es16 tablished under a contract in accordance with sec17 tion 5724c of this chapter, to arrange for the pur18 chase of the residence;

19 ‘‘(2) the employee finds a buyer who completes

20 the purchase of the residence through the program;

21 and

22 ‘‘(3) the sale of the residence to the individual

23 results in a reduced cost to the Government.
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1 ‘‘(b) For fiscal years 1997 and 1998, the Adminis2 trator shall establish a maximum payment amount of 5

3 percent of the sales price of the residence.’’.

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

5 for chapter 57 of title 5, United States Code, is amended

6 by inserting at the end the following:

‘‘5756. Home marketing incentive payment.’’.

7 SEC. 1418. CONFORMING AMENDMENTS.

8 (a) AMENDMENTS TO TITLE 5, UNITED STATES

9 CODE.—(1) Section 5724a of title 5, United States Code,

10 is further amended by adding at the end the following new

11 subsections:

12 ‘‘(g)(1) Subject to paragraph (2), an employee who

13 is reimbursed under subsections (a) through (f) of this

14 section or section 5724(a) of this title is entitled to an

15 amount for miscellaneous expenses—

16 ‘‘(A) not to exceed 2 weeks’ basic pay, if such

17 employee has an immediate family; or

18 ‘‘(B) not to exceed 1 week’s basic pay, if such

19 employee does not have an immediate family.

20 ‘‘(2) Amounts paid under paragraph (1) may not ex21 ceed amounts determined at the maximum rate payable

22 for a position at GS–13 of the General Schedule.

23 ‘‘(h) A former employee separated by reason of reduc24 tion in force or transfer of function who within 1 year

25 after the separation is reemployed by a nontemporary ap-
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1 pointment at a different geographical location from that

2 where the separation occurred, may be allowed and paid

3 the expenses authorized by sections 5724, 5725, 5726(b),

4 and 5727 of this title, and may receive the benefits author5 ized by subsections (a) through (g) of this section, in the

6 same manner as though such employee had been trans7 ferred in the interest of the Government without a break

8 in service to the location of reemployment from the loca9 tion where separated.

10 ‘‘(i) Payments for subsistence expenses, including

11 amounts in lieu of per diem or actual subsistence expenses

12 or a combination thereof, authorized under this section

13 shall not exceed the maximum payment allowed under reg14 ulations which implement section 5702 of this title.

15 ‘‘(j) Subsections (a), (b), and (c) shall be imple16 mented under regulations issued under section 5737.’’.

17 (2) Section 3375 of title 5, United States Code, is

18 amended—

19 (A) in subsection (a)(3), by striking ‘‘section

20 5724a(a)(1) of this title’’ and inserting ‘‘section

21 5724a(a) of this title’’;

22 (B) in subsection (a)(4), by striking ‘‘section

23 5724a(a)(3) of this title’’ and inserting ‘‘section

24 5724a(c) of this title’’; and
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1 (C) in subsection (a)(5), by striking ‘‘section

2 5724a(b) of this title’’ and inserting ‘‘section

3 5724a(g) of this title’’.

4 (3) Section 5724(e) of title 5, United States Code,

5 is amended by striking ‘‘section 5724a(a), (b) of this title’’

6 and inserting ‘‘section 5724a(a) through (g) of this title’’.

7 (b) MISCELLANEOUS.—(1) Section 707 of title 38,

8 United States Code, is amended—

9 (A) in subsection (a)(6), by striking ‘‘Section

10 5724a(a)(3)’’ and inserting ‘‘Section 5724a(c)’’; and

11 (B) in subsection (a)(7), by striking ‘‘Section

12 5724a(a)(4)’’ and inserting ‘‘section 5724a(d)’’.

13 (2) Section 501 of the Public Health Service Act (42

14 U.S.C. 290aa) is amended—

15 (A) in subsection (g)(2)(A), by striking

16 ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and

17 (B) in subsection (g)(2)(A), by striking

18 ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’.

19 (3) Section 925 of the Public Health Service Act (42

20 U.S.C. 299c–4) is amended—

21 (A) in subsection (f)(2)(A), by striking

22 ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and

23 (B) in subsection (f)(2)(A), by striking

24 ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’.
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1 Subtitle B—Miscellaneous

2 Provisions

3 SEC. 1431. REPEAL OF THE LONG-DISTANCE TELEPHONE

4 CALL CERTIFICATION REQUIREMENT.

5 Section 1348 of title 31, United States Code, is

6 amended—

7 (1) by striking the last sentence of subsection

8 (a)(2);

9 (2) by striking subsection (b); and

10 (3) by redesignating subsections (c) and (d) as

11 subsections (b) and (c), respectively.

12 SEC. 1432. TRANSFER OF AUTHORITY TO ISSUE REGULA13 TIONS.

14 (a) IN GENERAL.—Subchapter II of chapter 57 of

15 title 5, United States Code, is further amended by adding

16 at the end the following new section:

17 ‘‘§ 5737. Regulations

18 ‘‘(a)(1) Except as specifically provided in this sub19 chapter, the Administrator of General Services shall pre20 scribe regulations necessary for the administration of this

21 subchapter.

22 ‘‘(2) Notwithstanding any limitation of this sub23 chapter, in promulgating regulations under paragraph (1)

24 of this subsection, the Administrator of General Services

25 shall include a provision authorizing the head of an agency
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1 or his designee to waive any limitation of this subchapter

2 or in any implementing regulation for any employee relo3 cating to or from a remote or isolated location who would

4 otherwise suffer hardship.

5 ‘‘(b) The Administrator of General Services shall pre6 scribe regulations necessary for the implementation of sec7 tion 5724b of this subchapter in consultation with the Sec8 retary of the Treasury.

9 ‘‘(c) The Secretary of Defense shall prescribe regula10 tions necessary for the implementation of section 5735 of

11 this subchapter.’’.

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

13 for chapter 57 of title 5, United States Code, is further

14 amended by inserting after the item relating to section

15 5736 the following new item:

‘‘5737. Regulations.’’.

16 (c) CONFORMING AMENDMENTS.—(1) Section 5722

17 of title 5, United States Code, is amended by striking

18 ‘‘Under such regulations as the President may prescribe’’,

19 and inserting ‘‘Under regulations prescribed under section

20 5737 of this title’’.

21 (2) Section 5723 of title 5, United States Code, is

22 amended by striking ‘‘Under such regulations as the

23 President may prescribe’’, and inserting ‘‘Under regula24 tions prescribed under section 5737 of this title’’.
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1 (3) Section 5724 of title 5, United States Code, is

2 amended—

3 (A) in subsections (a) through (c), by striking

4 ‘‘Under such regulations as the President may pre5 scribe’’ each place it appears and inserting ‘‘Under

6 regulations prescribed under section 5737 of this

7 title’’;

8 (B) in subsections (c) and (e), by striking

9 ‘‘under regulations prescribed by the President’’ and

10 inserting ‘‘under regulations prescribed under sec11 tion 5737 of this title’’; and

12 (C) in subsection (f), by striking ‘‘under the

13 regulations of the President’’ and inserting ‘‘under

14 regulations prescribed under section 5737 of this

15 title’’.

16 (4) Section 5724b of title 5, United States Code, is

17 amended by striking ‘‘Under such regulations as the

18 President may prescribe’’ and inserting ‘‘Under regula19 tions prescribed under section 5737 of this title’’.

20 (5) Section 5726 of title 5, United States Code, is

21 amended—

22 (A) in subsection (a), by striking ‘‘as the Presi23 dent may by regulation authorize’’ and inserting ‘‘as

24 authorized under regulations prescribed under sec25 tion 5737 of this title’’; and
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1 (B) in subsections (b) and (c), by striking

2 ‘‘Under such regulations as the President may pre3 scribe’’ each place it appears and inserting ‘‘under

4 regulations prescribed under section 5737 of this

5 title’’.

6 (6) Section 5727(b) of title 5, United States Code,

7 is amended by striking ‘‘Under such regulations as the

8 President may prescribe’’ and inserting ‘‘Under regula9 tions prescribed under section 5737 of this title’’.

10 (7) Section 5728 of title 5, United States Code, is

11 amended in subsections (a), (b), and (c)(1), by striking

12 ‘‘Under such regulations as the President may prescribe’’

13 each place it appears and inserting ‘‘Under regulations

14 prescribed under section 5737 of this title’’.

15 (8) Section 5729 of title 5, United States Code, is

16 amended in subsections (a) and (b), by striking ‘‘Under

17 such regulations as the President may prescribe’’ each

18 place it appears and inserting ‘‘Under regulations pre19 scribed under section 5737 of this title’’.

20 (9) Section 5731 of title 5, United States Code, is

21 amended by striking ‘‘in accordance with regulations pre22 scribed by the President’’ and inserting ‘‘in accordance

23 with regulations prescribed under section 5737 of this

24 title’’.
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1 SEC. 1433. REPORT ON ASSESSMENT OF COST SAVINGS.

2 No later than 1 year after the effective date of the

3 final regulations issued under section 1434(b), the Gen4 eral Accounting Office shall submit a report to the Com5 mittee on Governmental Affairs of the Senate and the

6 Committee on Government Reform and Oversight of the

7 House of Representatives on an assessment of the cost

8 savings to Federal travel administration resulting from

9 statutory and regulatory changes under this Act.

10 SEC. 1434. EFFECTIVE DATE; ISSUANCE OF REGULATIONS.

11 (a) EFFECTIVE DATE.—The amendments made by

12 this title shall take effect upon the expiration of the 180-

13 day period beginning on the date of the enactment of this

14 Act.

15 (b) REGULATIONS.—The Administrator of General

16 Services shall issue final regulations implementing the

17 amendments made by this title by not later than the expi18 ration of the period referred to in subsection (a).

Passed the Senate July 10, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1762

AN ACT

To authorize appropriations for fiscal year 1997 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,
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