Calendar No. 408

104TH CONGRESS

2D SESSION S. 1762

A BILL

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,

MAY 16, 1996

Read twice and placed on the calendar
II

Calendar No. 408

104TH CONGRESS

2D SESSION S. 1762

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.

IN THE SENATE OF THE UNITED STATES

MAY 16, 1996

Mr. THURMOND, from the Committee on Armed Services, reported the

following original bill; which was read twice and placed on the calendar

A BILL

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’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

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.

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.

Subtitle D—Air Force Programs

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Defense Nuclear Agency.

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. Tactical unmanned aerial vehicle program.

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

Subtitle C—Ballistic Missile Defense

Sec. 231. United States compliance policy regarding development, testing, and

deployment of theater missile defense systems.

Sec. 232. Prohibition on use of funds to implement an international agreement

concerning theater missile defense systems.

Sec. 233. Conversion of ABM treaty to multilateral treaty.

Sec. 234. Funding for upper tier theater missile defense systems.

Sec. 235. Elimination of requirements for certain items to be included in the

annual report on the ballistic missile defense program.

Sec. 236. ABM treaty defined.

Subtitle D—Other Matters

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

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

Subtitle E—National Oceanographic Partnership

Sec. 251. Short title.

Sec. 252. National Oceanographic Partnership Program.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. 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.

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.
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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 transfer 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.

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.

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.

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

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.

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.

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.

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.

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.
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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.

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

World War II.

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.

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

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.

TITLE VII—HEALTH CARE PROVISIONS

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. Clarification of applicability of CHAMPUS payment rules to private

CHAMPUS providers for care provided to enrollees in health

care plans of Uniformed Services Treatment Facilities.

Sec. 705. Enhancement of third-party collection and secondary payer authorities under CHAMPUS.

Sec. 706. Codification of authority to credit CHAMPUS collections to program

accounts.

Sec. 707. Comptroller General review of health care activities of the Department of Defense relating to Persian Gulf illnesses.

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.
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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.

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. Executive oversight of defense human intelligence personnel.

Sec. 906. Coordination of defense intelligence programs and activities.

Sec. 907. Redesignation of Office of Naval Records and History Fund and correction of related references.

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.
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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. Prohibition on expenditure of Department of Defense funds by officials outside the department.

Sec. 1008. Prohibition on use of funds for Office of Naval Intelligence representation or related activities.

Sec. 1009. Reimbursement of Department of Defense for costs of disaster assistance provided outside the United States.

Sec. 1010. Fisher House Trust Fund for the Navy.

Sec. 1011. Designation and liability of disbursing and certifying officials for the

Coast Guard.

Sec. 1012. Authority to suspend or terminate collection actions against deceased members of the Coast Guard.

Sec. 1013. 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.

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.

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.

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.
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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.

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.

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.
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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.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE I—PROCUREMENT

10 Subtitle A—Authorization of

11 Appropriations

12 SEC. 101. ARMY.

13 Funds are hereby authorized to be appropriated for

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

15 (1) For aircraft, $1,508,515,000.

16 (2) For missiles, $1,160,829,000.
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1 (3) For weapons and tracked combat vehicles,

2 $1,460,115,000.

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

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

5 SEC. 102. NAVY AND MARINE CORPS.

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 1997 for procurement for the Navy

8 as follows:

9 (1) For aircraft, $6,911,352,000.

10 (2) For weapons, including missiles and tor11 pedoes, $1,513,263,000.

12 (3) For shipbuilding and conversion,

13 $6,567,330,000.

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

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

16 be appropriated for fiscal year 1997 for procurement for

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

18 SEC. 103. AIR FORCE.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 1997 for procurement for the Air Force as fol21 lows:

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

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

24 (3) For other procurement, $5,880,519,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1997 for Defense-wide procurement in the

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

5 SEC. 105. RESERVE COMPONENTS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1997 for procurement of aircraft, vehicles, com8 munications equipment, and other equipment for the re9 serve components of the Armed Forces as follows:

10 (1) For the Army National Guard,

11 $224,000,000.

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

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

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

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

16 (6) For the Marine Corps Reserve,

17 $60,000,000.

18 SEC. 106. DEFENSE INSPECTOR GENERAL.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 1997 for procurement for the Inspector General

21 of the Department of Defense in the amount of

22 $2,000,000.

23 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

24 There is hereby authorized to be appropriated for fis25 cal year 1997 the amount of $802,847,000 for—
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1 (1) the destruction of lethal chemical agents

2 and munitions in accordance with section 1412 of

3 the Department of Defense Authorization Act, 1986

4 (50 U.S.C. 1521); and

5 (2) the destruction of chemical warfare materiel

6 of the United States that is not covered by section

7 1412 of such Act.

8 SEC. 108. DEFENSE HEALTH PROGRAM.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1997 for the Department of Defense for pro11 curement for carrying out health care programs, projects,

12 and activities of the Department of Defense in the total

13 amount of $269,470,000.

14 SEC. 109. DEFENSE NUCLEAR AGENCY.

15 Of the amounts authorized to be appropriated for the

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

17 shall be available for the Defense Nuclear Agency.

18 Subtitle B—Army Programs

19 SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE

20 SYSTEM.

21 The Secretary of the Army may, in accordance with

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

23 multiyear procurement contracts for the procurement of

24 the Javelin missile system.
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1 SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILI2 TARIZATION CITIZENS’ ADVISORY COMMIS3 SIONS.

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

5 Defense Authorization Act for Fiscal Year 1993 (Public

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

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

8 Army (Installations, Logistics and Environment)’’ and in9 serting in lieu thereof ‘‘Assistant Secretary of the Army

10 (Research, Development and Acquisition)’’.

11 Subtitle C—Navy Programs

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

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

14 pursuant to section 102(a)(1) for modifications or up15 grades of EA–6B aircraft may be obligated, other than

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

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

18 submits to the congressional defense committees in writ19 ing—

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

21 funds have been obligated for a reactive jammer pro22 gram for EA–6B aircraft; and

23 (2) a report that sets forth a detailed, well-de24 fined program for—

25 (A) developing a reactive jamming capabil26 ity for EA–6B aircraft; and
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1 (B) upgrading the EA–6B aircraft of the

2 Navy to incorporate the reactive jamming capa3 bility.

4 (b) CONTINGENT TRANSFER OF FUNDS TO AIR

5 FORCE.—(1) If the Secretary of the Navy has not submit6 ted the certification and report described in subsection (a)

7 to the congressional defense committees before June 1,

8 1997, then, on that date, the Secretary of Defense shall

9 transfer to Air Force, out of appropriations available to

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

11 the amount equal to the amount appropriated to the Navy

12 for fiscal year 1997 for modifications and upgrades of

13 EA–6B aircraft.

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

15 paragraph (1) shall be available for maintaining and up16 grading the jamming capability of EF–111 aircraft.

17 SEC. 122. PENGUIN MISSILE PROGRAM.

18 (a) MULTIYEAR PROCUREMENT AUTHORITY.—The

19 Secretary of the Navy may, in accordance with section

20 2306b of title 10, United States Code, enter into multiyear

21 procurement contracts for the procurement of not more

22 than 106 Penguin missile systems.

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

24 obligated or expended for procurement of Penguin missile
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1 systems under contracts under subsection (a) may not ex2 ceed $84,800,000.

3 SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.

4 (a) AMOUNTS AUTHORIZED.—(1) Of the amount au5 thorized to be appropriated by section 102(a)(3)—

6 (A) $804,100,000 shall be available for con7 struction of the third vessel (designated SSN–23) in

8 the Seawolf attack submarine class;

9 (B) $296,200,000 shall be available for long10 lead and advance construction and procurement of

11 components for construction of a submarine (pre12 viously designated by the Navy as the New Attack

13 Submarine) beginning in fiscal year 1998 to be built

14 by Electric Boat Division; and

15 (C) $701,000,000 shall be available for long16 lead and advance construction and procurement of

17 components for construction of a second submarine

18 (previously designated by the Navy as the New At19 tack Submarine) beginning in fiscal year 1999 to be

20 built by Newport News Shipbuilding.

21 (2) Funds authorized to be appropriated by section

22 201(2) for the design of the submarine previously des23 ignated by the Navy as the New Attack Submarine shall

24 be available for obligation and expenditure under contracts

25 with Electric Boat Division and Newport News Shipbuild-
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1 ing to carry out the provisions of the ‘‘Memorandum of

2 Agreement Among the Department of the Navy, Electric

3 Boat Corporation (EB) and Newport News Shipbuilding

4 and Drydock Company (NNS) Concerning the New At5 tack Submarine’’, dated April 5, 1996, relating to design

6 data transfer, design improvements, integrated process

7 teams, updated design base, and other research and devel8 opment initiatives related to the design of such submarine.

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

10 the Navy is authorized, using funds available pursuant to

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

12 into contracts with Electric Boat Division and Newport

13 News Shipbuilding, and suppliers of components, during

14 fiscal year 1997 for—

15 (A) the procurement of long-lead components

16 for the submarines referred to in such subpara17 graphs; and

18 (B) advance construction of such components

19 and other components for such submarines.

20 (2) The Secretary of the Navy may enter into a con21 tract or contracts under this section with the shipbuilder

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

23 if the Secretary enters into a contract or contracts under

24 this section with the shipbuilder of the submarine referred

25 to in subsection (a)(1)(C).
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1 (c) COMPETITION AND LIMITATIONS ON OBLIGA2 TIONS.—(1)(A) Of the amounts made available pursuant

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

4 obligated or expended until the Secretary of Defense cer5 tifies in writing to the Committee on Armed Services of

6 the Senate and the Committee on National Security of the

7 House of Representatives that procurement of nuclear at8 tack submarines described in subparagraph (B) will be

9 provided for under one or more contracts that are entered

10 into after a competition between Electric Boat Division

11 and Newport News Shipbuilding in which the Secretary

12 of the Navy solicits competitive proposals and awards the

13 contract or contracts on the basis of price.

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

15 are nuclear attack submarines that are to be constructed

16 beginning—

17 (i) after fiscal year 1999; or

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

19 provided for in the plan required under section

20 131(c) of the National Defense Authorization Act

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

22 Stat. 209), after fiscal year 2001.

23 (2) Of the amounts made available pursuant to sub24 section (a)(1), not more than $100,000,000 may be obli25 gated or expended until the Under Secretary of Defense
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1 for Acquisition and Technology submits to the committees

2 referred to in paragraph (1) a written report that de3 scribes in detail—

4 (A) the oversight activities undertaken by the

5 Under Secretary up to the date of the report pursu6 ant to section 131(b)(2)(C) of the National Defense

7 Authorization Act for Fiscal Year 1996 (Public Law

8 104–106; 110 Stat. 207), and the plans for the fu9 ture development and improvement of the nuclear

10 attack submarine program of the Navy;

11 (B) the implementation of, and activities con12 ducted under, the program required to be estab13 lished by the Director of the Defense Advanced Re14 search Projects Agency by section 131(i) of such Act

15 (110 Stat. 210) for the development and demonstra16 tion of advanced submarine technologies and a rapid

17 prototype acquisition strategy for both land-based

18 and at-sea subsystem and system demonstrations of

19 such technologies; and

20 (C) all research, development, test, and evalua21 tion programs, projects, or activities within the De22 partment of Defense which, in the opinion of the

23 Under Secretary, are designed to contribute to the

24 development and demonstration of advanced sub25 marine technologies leading to a more capable, more
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1 affordable nuclear attack submarine, together with a

2 specific identification of ongoing involvement, and

3 plans for future involvement, in any such program,

4 project, or activity by Electric Boat Division, New5 port News Shipbuilding, or both.

6 (d) REFERENCES TO SHIPBUILDERS.—For purposes

7 of this section—

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

9 Division’’ is the Electric Boat Division of the Gen10 eral Dynamics Corporation; and

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

12 News Shipbuilding’’ is the Newport News Shipbuild13 ing and Drydock Company.

14 SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

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

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

17 be made available for contracts entered into in fiscal year

18 1996 under subsection (b)(1) of section 135 of the Na19 tional Defense Authorization Act for Fiscal Year 1996

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

21 the third of the three Arleigh Burke class destroyers cov22 ered by that subsection. Such funds are in addition to

23 amounts made available for such contracts by the second

24 sentence of subsection (a) of that section.
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1 (2) Subject to paragraph (3), funds authorized to be

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

3 for contracts entered into in fiscal year 1997 under sub4 section (b)(2) of such section 135 for construction (includ5 ing advance procurement) for the Arleigh Burke class de6 stroyers covered by such subsection (b)(2).

7 (3) The aggregate amount of funds available under

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

9 paragraphs may not exceed $3,483,030,000.

10 (4) Within the amount authorized to be appropriated

11 by section 102(a)(3), $750,000,000 is authorized to be ap12 propriated for advance procurement for construction for

13 the Arleigh Burke class destroyers authorized by sub14 section (b).

15 (b) AUTHORITY FOR PROCUREMENT OF TWELVE

16 VESSELS.—The Secretary of the Navy is authorized to

17 construct 12 Arleigh Burke class destroyers in accordance

18 with subsections (c) and (d).

19 (c) CONTRACTS.—(1) The Secretary is authorized, in

20 fiscal year 1998, to enter into contracts for the construc21 tion of three Arleigh Burke class destroyers covered by

22 subsection (b), subject to the availability of appropriations

23 for such destroyers.

24 (2) The Secretary is authorized, in fiscal year 1999,

25 to enter into contracts for the construction of three
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1 Arleigh Burke class destroyers covered by subsection (b),

2 subject to the availability of appropriations for such de3 stroyers. The destroyers covered by this paragraph are in

4 addition to the destroyers covered by paragraph (1).

5 (3) The Secretary is authorized, in fiscal year 2000,

6 to enter into contracts for the construction of three

7 Arleigh Burke class destroyers covered by subsection (b),

8 subject to the availability of appropriations for such de9 stroyers. The destroyers covered by this paragraph are in

10 addition to the destroyers covered by paragraphs (1) and

11 (2).

12 (4) The Secretary is authorized, in fiscal year 2001,

13 to enter into contracts for the construction of three

14 Arleigh Burke class destroyers covered by subsection (b),

15 subject to the availability of appropriations for such de16 stroyers. The destroyers covered by this paragraph are in

17 addition to the destroyers covered by paragraphs (1), (2),

18 and (3).

19 (d) USE OF AVAILABLE FUNDS.—(1) Subject to

20 paragraph (2), the Secretary may take appropriate actions

21 to use for full funding of a contract entered into in accord22 ance with subsection (c)—

23 (A) any funds that, having been appropriated

24 for shipbuilding and conversion programs of the

25 Navy other than Arleigh Burke class destroyer pro-
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1 grams pursuant to the authorization in section

2 102(a)(3), become excess to the needs of the Navy

3 for such programs by reason of cost savings achieved

4 for such programs;

5 (B) any unobligated funds that are available to

6 the Secretary for shipbuilding and conversion for

7 any fiscal year before fiscal year 1997; and

8 (C) any funds that are appropriated after the

9 date of the enactment of the Department of Defense

10 Appropriations Act, 1997, to complete the full fund11 ing of the contract.

12 (2) The Secretary may not, in the exercise of author13 ity provided in subparagraph (A) or (B) of paragraph (1),

14 obligate funds for a contract entered into in accordance

15 with subsection (c) until 30 days after the date on which

16 the Secretary submits to the congressional defense com17 mittees in writing a notification of the intent to obligate

18 the funds. The notification shall set forth the source or

19 sources of the funds and the amount of the funds from

20 each such source that is to be so obligated.

21 Subtitle D—Air Force Programs

22 SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE

23 C–17 AIRCRAFT PROGRAM.

24 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The

25 Secretary of the Air Force may, pursuant to section 2306b
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1 of title 10, United States Code (except as provided in sub2 section (b)(1)), enter into one or more multiyear contracts

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

4 17 aircraft.

5 (b) CONTRACT PERIOD.—(1) Notwithstanding sec6 tion 2306b(k) of title 10, United States Code, the period

7 covered by a contract entered into on a multiyear basis

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

9 years, but may not exceed seven years.

10 (2) Paragraph (1) shall not be construed as prohibit11 ing the Secretary of the Air Force from entering into a

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

13 In determining to do so, the Secretary shall consider

14 whether—

15 (A) sufficient funding is provided for in the fu16 ture-years defense program for procurement, within

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

18 be procured (within the number set forth in sub19 section (a)); and

20 (B) the contractor is capable of delivering that

21 total number of aircraft within the shorter period.

22 (c) OPTION TO CONVERT TO ONE-YEAR PROCURE23 MENTS.—Each multiyear contract for the procurement of

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

25 a clause that permits the Secretary of the Air Force—
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1 (1) to terminate the contract as of September

2 30, 1998, without a modification in the price of each

3 aircraft and without incurring any obligation to pay

4 the contractor termination costs; and

5 (2) to then enter into follow-on one-year con6 tracts with the contractor for the procurement of C–

7 17 aircraft (within the total number of aircraft au8 thorized under subsection (a)) at a negotiated price

9 that is not to exceed the price that is negotiated be10 fore September 30, 1998, for the annual production

11 contract for the C–17 aircraft in lot VIII and subse12 quent lots.

13 TITLE II—RESEARCH, DEVELOP14 MENT, TEST, AND EVALUA15 TION

16 Subtitle A—Authorization of

17 Appropriations

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 Funds are hereby authorized to be appropriated for

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

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

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

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

24 (3) For the Air Force, $14,788,356,000.
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1 (4) For Defense-wide activities,

2 $9,662,542,000, of which—

3 (A) $252,038,000 is authorized for the ac4 tivities of the Director, Test and Evaluation;

5 and

6 (B) $21,968,000 is authorized for the Di7 rector of Operational Test and Evaluation.

8 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR9 ATORY DEVELOPMENT.

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

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

12 be available for basic research and exploratory develop13 ment projects.

14 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP15 MENT DEFINED.—For purposes of this section, the term

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

17 funded in program elements for defense research and de18 velopment under Department of Defense category 6.1 or

19 6.2.

20 SEC. 203. DEFENSE NUCLEAR AGENCY.

21 Of the amounts authorized to be appropriated for the

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

23 shall be available for the Defense Nuclear Agency.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. SPACE LAUNCH MODERNIZATION.

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

6 authorization of appropriations in section 201(3) are au7 thorized to be made available for space launch moderniza8 tion for purposes and in amounts as follows:

9 (1) For the Evolved Expendable Launch Vehi10 cle program, $44,457,000.

11 (2) For a competitive reusable launch vehicle

12 technology program, $25,000,000.

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

14 for the reusable launch vehicle technology program pursu15 ant to subsection (a)(2), the total amount obligated for

16 such purpose may not exceed the total amount allocated

17 in the fiscal year 1997 current operating plan of the Na18 tional Aeronautics and Space Administration for the Reus19 able Space Launch program of the National Aeronautics

20 and Space Administration.

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

22 Expendable Launch Vehicle program pursuant to sub23 section (a)(1) may be obligated until the Secretary of De24 fense certifies to Congress that the Secretary has made

25 available for obligation the funds, if any, that are made
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1 available for the reusable launch vehicle technology pro2 gram pursuant to subsection (a)(2).

3 SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.

4 (a) REQUIRED PROGRAM ELEMENT.—The Secretary

5 of Defense shall include the kinetic energy tactical anti6 satellite program of the Department of Defense as an ele7 ment of the space control architecture being developed by

8 the Department of Defense Space Architect.

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

10 funds authorized to be appropriated pursuant to this Act,

11 or otherwise made available to the Department of Defense

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

13 Department of Defense Space Architect until the Sec14 retary of Defense certifies to Congress that—

15 (1) the Secretary is complying with the require16 ment in subsection (a);

17 (2) funds appropriated for the kinetic energy

18 tactical anti-satellite program for fiscal year 1996

19 have been obligated in accordance with section 218

20 of Public Law 104–106 and the Joint Explanatory

21 Statement of the Committee of Conference accom22 panying S. 1124 (House Report 104–450 (104th

23 Congress, second session)); and

24 (3) the Secretary has made available for obliga25 tion the funds appropriated for the kinetic energy
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1 tactical anti-satellite program for fiscal year 1997 in

2 accordance with this Act.

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

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

5 authorization of appropriations in section 201(3) are au6 thorized to be made available for the Space-Based Infra7 red System program for purposes and in amounts as fol8 lows:

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

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

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

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

13 (b) CONDITIONAL TRANSFER OF MANAGEMENT

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

15 enactment of this Act, the Secretary of Defense shall

16 transfer the management oversight responsibilities for the

17 Space and Missile Tracking System from the Secretary

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

19 Defense Organization.

20 (c) CERTIFICATION.—If, within the 30-day period de21 scribed in subsection (b), the Secretary of Defense submits

22 to Congress a certification that the Secretary has estab23 lished a program baseline for the Space-Based Infrared

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

25 of Public Law 104–106 (110 Stat. 220), then subsection
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1 (b) of this section shall cease to be effective on the date

2 on which the Secretary submits the certification.

3 SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECH4 NOLOGY.

5 Section 132 of the National Defense Authorization

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

7 210) is repealed.

8 SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT

9 PROGRAM.

10 (a) AMOUNT FOR PROGRAM.—Of the amount author11 ized to be appropriated under section 201(3), $50,000,000

12 shall be available for the Clementine 2 micro-satellite

13 near-Earth asteroid interception mission.

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

15 be appropriated pursuant to this Act for the global posi16 tioning system (GPS) Block II F Satellite system may be

17 obligated until the Secretary of Defense certifies to Con18 gress that—

19 (1) funds appropriated for fiscal year 1996 for

20 the Clementine 2 Micro-Satellite development pro21 gram have been obligated in accordance with Public

22 Law 104–106 and the Joint Explanatory Statement

23 of the Committee of Conference accompanying S.

24 1124 (House Report 104–450 (104th Congress, sec25 ond session)); and
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1 (2) the Secretary has made available for obliga2 tion the funds appropriated for fiscal year 1997 for

3 the Clementine 2 micro-satellite development pro4 gram in accordance with this section.

5 SEC. 216. TACTICAL UNMANNED AERIAL VEHICLE PRO6 GRAM.

7 No official of the Department of Defense may enter

8 into a contract for the procurement of (including advance

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

10 low observable, high altitude endurance unmanned aerial

11 vehicles than is necessary to complete procurement of a

12 total of three such vehicles until flight testing has been

13 completed.

14 SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PRO15 GRAM.

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

17 shall submit to Congress a report comparing the Predator

18 unmanned aerial vehicle program with the Dark Star (tier

19 III) low observable, high altitude endurance unmanned

20 aerial vehicle program. The report shall contain the follow21 ing:

22 (1) A comparison of the capabilities of the

23 Predator unmanned aerial vehicle with the capabili24 ties of the Dark Star unmanned aerial vehicle.
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1 (2) A comparison of the costs of the Predator

2 program with the costs of the Dark Star program.

3 (3) A recommendation on which program

4 should be funded in the event that funds are author5 ized to be appropriated, and are appropriated, for

6 only one of the two programs in the future.

7 (b) LIMITATION ON USE OF FUNDS PENDING SUB8 MISSION OF REPORT.—Funds appropriated pursuant to

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

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

11 for the procurement of Predator unmanned aerial vehicles

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

13 Secretary of Defense submits the report required by sub14 section (a).

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

16 (a) REVIEW OF PROGRAM.—The Secretary of De17 fense shall direct the Cost Analysis Improvement Group

18 in the Office of the Secretary of Defense to review the

19 F–22 aircraft program, analyze and estimate the produc20 tion costs of the program, and submit to the Secretary

21 a report on the results of the review.

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

23 Secretary shall transmit to the congressional defense com24 mittees the report prepared under paragraph (1), together
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1 with the Secretary’s views on the matters covered by the

2 report.

3 (c) LIMITATION ON USE OF FUNDS PENDING SUB4 MISSION OF REPORT.—Not more than 92 percent of the

5 funds appropriated for the F–22 aircraft program pursu6 ant to the authorization of appropriations in section

7 103(1) may be expended until the Secretary of Defense

8 submits the report required by subsection (b).

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

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

11 President submits the budget for a fiscal year to Congress

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

13 Code, the Secretary of Defense shall submit to Congress

14 a report on event-based decisionmaking for the F–22 air15 craft program for that fiscal year. The Secretary shall

16 submit the report for fiscal year 1997 not later than Octo17 ber 1, 1996.

18 (2) The report for a fiscal year shall include the fol19 lowing:

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

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

22 during that fiscal year regarding whether the F–22

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

24 new administrative subdivision of a phase.
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1 (B) The criteria (known as ‘‘exit criteria’’) to

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

3 decision, in determining whether the F–22 aircraft

4 program has demonstrated the specific progress nec5 essary for proceeding into the new phase or adminis6 trative subdivision of a phase.

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

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

9 made for the F–22 aircraft program, the Secretary of De10 fense shall submit to Congress a report on the decision.

11 The report shall include the following:

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

13 the commitments to be made, under the program as

14 a result of the decision.

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

16 decision.

17 (3) How, in terms of the exit criteria, the pro18 gram demonstrated the specific progress justifying

19 the decision.

20 SEC. 220. NONLETHAL WEAPONS AND TECHNOLOGIES PRO21 GRAMS.

22 (a) FUNDING.—Of the amount authorized to be ap23 propriated under section 201(2), $15,000,000 shall be

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

25 evaluation of nonlethal weapons and nonlethal tech-
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1 nologies under the program element established pursuant

2 to subsection (b).

3 (b) NEW PROGRAM ELEMENT REQUIRED.—The Sec4 retary of Defense shall establish a new program element

5 for the funds authorized to be appropriated under sub6 section (a). The funds within that program element shall

7 be administered by the executive agent designated for joint

8 service research, development, test, and evaluation of non9 lethal weapons and nonlethal technologies.

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

11 None of the funds authorized to be appropriated for the

12 Department of Defense for fiscal year 1997 for foreign

13 comparative testing (program element 605130D) may be

14 obligated until the funds authorized to be appropriated in

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

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

17 223) are released for obligation by the executive agent re18 ferred to in subsection (b).

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

20 to be appropriated for the Department of Defense for fis21 cal year 1997 for NATO research and development (pro22 gram element 603790D) may be obligated until the funds

23 authorized to be appropriated in subsection (a) are re24 leased for obligation by the executive agent referred to in

25 subsection (b).
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1 SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.

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

4 201(4), $176,200,000 shall be available for the

5 Counterproliferation Support Program, of which

6 $75,000,000 shall be available for a tactical antisatellite

7 technologies program.

8 (b) ADDITIONAL AUTHORITY TO TRANSFER AU9 THORIZATIONS.—(1) In addition to the transfer authority

10 provided in section 1001, upon determination by the Sec11 retary of Defense that such action is necessary in the na12 tional interest, the Secretary may transfer amounts of au13 thorizations made available to the Department of Defense

14 in this division for fiscal year 1997 to counterproliferation

15 programs, projects, and activities identified as areas for

16 progress by the Counterproliferation Program Review

17 Committee established by section 1605 of the National

18 Defense Authorization Act for Fiscal Year 1994 (22

19 U.S.C. 2751 note). Amounts of authorizations so trans20 ferred shall be merged with and be available for the same

21 purposes as the authorization to which transferred.

22 (2) The total amount of authorizations transferred

23 under the authority of this subsection may not exceed

24 $50,000,000.

25 (3) The authority provided by this subsection to

26 transfer authorizations—
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1 (A) 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 (B) may not be used to provide authority for an

5 item that has been denied authorization by Con6 gress.

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

8 under the authority of this subsection shall be deemed to

9 increase the amount authorized for the account to which

10 the amount is transferred by an amount equal to the

11 amount transferred.

12 (5) The Secretary of Defense shall promptly notify

13 Congress of transfers made under the authority of this

14 subsection.

15 (c) LIMITATION ON USE OF FUNDS FOR TECHNICAL

16 STUDIES AND ANALYSES PENDING RELEASE OF

17 FUNDS.—(1) None of the funds authorized to be appro18 priated to the Department of Defense for fiscal year 1997

19 for program element 605104D, relating to technical stud20 ies and analyses, may be obligated or expended until the

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

22 the program manager of the tactical anti-satellite tech23 nology program for implementation of that program.

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

25 (1) are as follows:
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1 (A) Funds authorized to be appropriated by

2 section 218(a) of the National Defense Authoriza3 tion Act for Fiscal Year 1996 (Public Law 104–106;

4 110 Stat. 222) that are available for the program

5 referred to in paragraph (1).

6 (B) Funds authorized to be appropriated to the

7 Department for fiscal year 1997 by this Act for the

8 Counterproliferation Support Program that are to be

9 made available for that program.

10 SEC. 222. FEDERALLY FUNDED RESEARCH AND DEVELOP11 MENT CENTERS AND UNIVERSITY-AFFILI12 ATED RESEARCH CENTERS.

13 (a) CENTERS COVERED.—Funds authorized to be ap14 propriated for the Department of Defense for fiscal year

15 1997 under section 201 may be obligated to procure work

16 from a federally funded research and development center

17 (in this section referred to as an ‘‘FFRDC’’) or a univer18 sity-affiliated research center (in this section referred to

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

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

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

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

23 such report.

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

25 Not later than 30 days after the date of the enactment
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1 of this Act, the Secretary of Defense shall submit to the

2 Committee on Armed Services of the Senate and the Com3 mittee on National Security of the House of Representa4 tives a report containing—

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

6 which work is proposed to be procured for the De7 partment of Defense for fiscal year 1997; and

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

9 level and the estimated personnel level for fiscal year

10 1997.

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

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

13 the amount set forth in subsection (d).

14 (c) LIMITATION PENDING SUBMISSION OF RE15 PORT.—Not more than 15 percent of the funds authorized

16 to be appropriated for the Department of Defense for fis17 cal year 1997 for FFRDCs and UARCs under section 201

18 may be obligated to procure work from an FFRDC or

19 UARC until the Secretary of Defense submits the report

20 required by subsection (b).

21 (d) FUNDING.—Of the amounts authorized to be ap22 propriated by section 201, not more than a total of

23 $1,668,850,000 may be obligated to procure services from

24 the FFRDCs and UARCs named in the report required

25 by subsection (b).
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1 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

2 The Secretary of Defense may waive the limitation regard3 ing the maximum funding amount that applies under sub4 section (a) to an FFRDC or UARC. Whenever the Sec5 retary proposes to make such a waiver, the Secretary shall

6 submit to the Committee on Armed Services of the Senate

7 and the Committee on National Security of the House of

8 Representatives notice of the proposed waiver and the rea9 sons for the waiver. The waiver may then be made only

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

11 on which the notice is submitted to those committees, un12 less the Secretary determines that it is essential to the

13 national security that funds be obligated for work at that

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

15 period and notifies those committees of that determination

16 and the reasons for the determination.

17 Subtitle C—Ballistic Missile

18 Defense

19 SEC. 231. UNITED STATES COMPLIANCE POLICY REGARD20 ING DEVELOPMENT, TESTING, AND DEPLOY21 MENT OF THEATER MISSILE DEFENSE SYS22 TEMS.

23 (a) FINDINGS.—Congress makes the following find24 ings:
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1 (1) Pursuant to article VI(a) of the ABM Trea2 ty, the United States is bound by the following obli3 gations:

4 (A) Not to give missiles, launchers, or ra5 dars (other than antiballistic missile interceptor

6 missiles, launchers, or radars) capabilities to

7 counter strategic ballistic missiles or elements

8 of strategic ballistic missiles in the flight trajec9 tory.

10 (B) Not to test missiles, launchers, or ra11 dars (other than antiballistic missile interceptor

12 missiles, launchers, or radars) in an antiballistic

13 missile mode.

14 (2) It is a sovereign right and obligation of the

15 parties to the ABM Treaty, on a unilateral basis, to

16 establish compliance standards to implement the ob17 ligations specified in article VI(a) of the ABM Trea18 ty.

19 (3) From October 3, 1972 (the date on which

20 the ABM Treaty entered into force) to the present,

21 the United States has maintained unilateral compli22 ance standards with regard to the obligations speci23 fied in Article VI(a) of the ABM Treaty, and those

24 standards have changed over time to accommodate
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1 evolving technical, political, and strategic cir2 cumstances.

3 (4) Pursuant to article XIII of the ABM Trea4 ty, the parties established the Standing Consultative

5 Commission in which to ‘‘consider questions con6 cerning compliance with the obligations assumed and

7 related situations which may be considered’’.

8 (b) COMPLIANCE POLICY.—It is the policy of the

9 United States that unless a missile defense system, system

10 upgrade, or system component (including one that exploits

11 data from space-based or other external sensors) is flight

12 tested in an ABM-qualifying flight test (as defined in sub13 section (c)), that system, system upgrade, or system com14 ponent has not, for purposes of the ABM Treaty, been

15 tested in an ABM mode nor been given capabilities to

16 counter strategic ballistic missiles and, therefore, is not

17 subject to any application, limitation, or obligation under

18 the ABM Treaty.

19 (c) ABM-QUALIFYING FLIGHT TEST DEFINED.—

20 For purposes of this section, an ABM-qualifying flight test

21 is a flight test against a ballistic missile which, in that

22 flight test, exceeds—

23 (1) a range of 3,500 kilometers; or

24 (2) a velocity of 5 kilometers per second.
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1 SEC. 232. PROHIBITION ON USE OF FUNDS TO IMPLEMENT

2 AN INTERNATIONAL AGREEMENT CONCERN3 ING THEATER MISSILE DEFENSE SYSTEMS.

4 (a) PROHIBITION ON FUNDING.—Funds appro5 priated or otherwise made available to the Department of

6 Defense for fiscal year 1997 may not be obligated or ex7 pended to implement any agreement, or any understand8 ing with respect to interpretation of the ABM Treaty, be9 tween the United States and any of the independent states

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

11 1995, that—

12 (1) would establish a demarcation between the13 ater missile defense systems and anti-ballistic missile

14 defense systems for purposes of the ABM Treaty; or

15 (2) would restrict the performance, operations,

16 or deployment of United States theater missile de17 fense systems.

18 (b) EXCEPTIONS.—Subsection (a) does not apply—

19 (1) to the extent otherwise provided in a law

20 that is enacted after the date of the enactment of

21 this Act; or

22 (2) to expenditures to implement any agreement

23 or understanding described in subsection (a) that is

24 entered into in the exercise of the treaty-making

25 power under the Constitution.
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1 SEC. 233. CONVERSION OF ABM TREATY TO MULTILATERAL

2 TREATY.

3 (a) FISCAL YEAR 1997.—During fiscal year 1997,

4 the United States shall not be bound by any international

5 agreement entered into by the President that would sub6 stantively modify the ABM Treaty, including any agree7 ment that would add one or more countries as signatories

8 to the treaty or would otherwise convert the treaty from

9 a bilateral treaty to a multilateral treaty, unless the agree10 ment is entered pursuant to the treaty making power of

11 the President under the Constitution.

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

13 shall not be construed as superseding section 232 of the

14 National Defense Authorization Act for Fiscal Year 1995

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

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

17 fiscal year 1997.

18 SEC. 234. FUNDING FOR UPPER TIER THEATER MISSILE DE19 FENSE SYSTEMS.

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

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

22 in amounts as follows:

23 (1) For the Theater High Altitude Area De24 fense (THAAD) System, $621,798,000.

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

26 system, $304,171,000.
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1 (b) LIMITATION.—None of the funds appropriated or

2 otherwise made available for the Department of Defense

3 pursuant to this or any other Act may be obligated or ex4 pended by the Office of the Under Secretary of Defense

5 for Acquisition and Technology for official representation

6 activities, or related activities, until the Secretary of De7 fense certifies to Congress that—

8 (1) the Secretary has made available for obliga9 tion the funds provided under subsection (a) for the

10 purposes specified in that subsection and in the

11 amounts appropriated pursuant to that subsection;

12 and

13 (2) the Secretary has included the Navy Upper

14 Tier theater missile defense system in the theater

15 missile defense core program.

16 SEC. 235. ELIMINATION OF REQUIREMENTS FOR CERTAIN

17 ITEMS TO BE INCLUDED IN THE ANNUAL RE18 PORT ON THE BALLISTIC MISSILE DEFENSE

19 PROGRAM.

20 Section 224(b) of the National Defense Authorization

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

22 note), is amended—

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

24 and (10); and
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1 (2) by redesignating paragraphs (5), (6), and

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

3 SEC. 236. ABM TREATY DEFINED.

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

5 Treaty Between the United States of America and the

6 Union of Soviet Socialist Republics on the Limitation of

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

8 26, 1972, with related protocol, signed in Moscow on July

9 3, 1974.

10 Subtitle D—Other Matters

11 SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR12 CRAFT.

13 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

14 Secretary of Defense may, in accordance with section

15 2366(c) of title 10, United States Code, waive for the F–

16 22 aircraft program the survivability tests required by

17 that section, notwithstanding that such program has en18 tered full-scale engineering development.

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

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

21 of title 10, United States Code, a certification that live22 fire testing of the F–22 aircraft would be unreasonably

23 expensive and impractical, the Secretary of Defense shall

24 require that F–22 aircraft components and subsystems be

25 made available for any alternative live-fire test program.
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1 (2) The components and subsystem required by the

2 Secretary to be made available for such a program shall

3 be components that—

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

5 aircraft; and

6 (B) are sufficiently large and realistic that

7 meaningful conclusions about the survivability of F–

8 22 aircraft can be drawn from the test results.

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

10 program may be used for carrying out any alternative live11 fire testing program for F–22 aircraft.

12 SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR13 CRAFT.

14 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

15 Secretary of Defense may, in accordance with section

16 2366(c) of title 10, United States Code, waive for the V–

17 22 aircraft program the survivability tests required by

18 that section, notwithstanding that such program has en19 tered engineering and manufacturing development.

20 (b) ALTERNATIVE SURVIVABILITY TEST REQUIRE21 MENTS.—If the Secretary of Defense submits in accord22 ance with section 2366(c)(1) of title 10, United States

23 Code, a certification that live-fire testing of the V–22 air24 craft would be unreasonably expensive and impractical,

25 the Secretary of Defense shall require that a sufficient
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1 number of components critical to the survivability of the

2 V–22 aircraft be tested in an alternative live-fire test pro3 gram involving realistic threat environments that mean4 ingful conclusions about the survivability of V–22 aircraft

5 can be drawn from the test results.

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

7 program may be used for carrying out any alternative live8 fire testing program for V–22 aircraft.

9 Subtitle E—National

10 Oceanographic Partnership

11 SEC. 251. SHORT TITLE.

12 This subtitle may be cited as the ‘‘National Oceano13 graphic Partnership Act’’.

14 SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO15 GRAM.

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

17 United States Code, is amended by inserting after chapter

18 663 the following new chapter:

19 ‘‘CHAPTER 665—NATIONAL OCEANO20 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 ‘‘§ 7902. National Ocean Research Leadership Council

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

25 Leadership Council (hereinafter in this chapter referred

26 to as the ‘‘Council’’).
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1 ‘‘(b) MEMBERSHIP.—The Council is composed of the

2 following members:

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

4 the chairman of the Council.

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

6 and Atmospheric Administration, who shall be the

7 vice chairman of the Council.

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

9 Foundation.

10 ‘‘(4) The Administrator of the National Aero11 nautics and Space Administration.

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

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

14 National Academy of Sciences, the President of the

15 National Academy of Engineering, and the President

16 of the Institute of Medicine.

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

18 Chairman from among individuals who will represent

19 the views of ocean industries, institutions of higher

20 education, and State governments.

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

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

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

24 appointed to fill a vacancy occurring before the expiration
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1 of the term for which his predecessor was appointed shall

2 be appointed for the remainder of such term.

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

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

5 on the National Oceanographic Partnership Program. The

6 report shall contain the following:

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

8 carried out during the fiscal year before the fiscal

9 year in which the report is prepared. The description

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

11 Research Partnership Coordinating Group (estab12 lished pursuant to subsection (e)), the Ocean Re13 search Advisory Panel (established pursuant to sub14 section (f)), and any working groups in existence

15 during the fiscal year covered.

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

17 for the program during the fiscal year in which the

18 report is prepared.

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

20 fiscal year before the fiscal year in which the report

21 is prepared and projects expected to be started dur22 ing the fiscal year in which the report is prepared

23 and during the following fiscal year.
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1 ‘‘(4) A description of the involvement of the

2 program with Federal interagency coordinating enti3 ties.

4 ‘‘(5) The amounts requested, in the budget sub5 mitted to Congress pursuant to section 1105(a) of

6 title 31 for the fiscal year following the fiscal year

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

8 projects, and activities of the program and the esti9 mated expenditures under such programs, projects,

10 and activities during such following fiscal year.

11 ‘‘(e) OCEAN RESEARCH PARTNERSHIP COORDINAT12 ING GROUP.—(1) The Council shall establish an Ocean

13 Research Partnership Coordinating Group consisting of

14 not more than 10 members appointed by the Council from

15 among officers and employees of the Government, persons

16 employed in the maritime industry, educators at institu17 tions of higher education, and officers and employees of

18 State governments.

19 ‘‘(2) The Council shall designate a member of the Co20 ordinating Group to serve as Chairman of the group.

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

22 Group responsibilities that the Council considers appro23 priate. The Coordinating Group shall be subject to the au24 thority, direction, and control of the Council in the per25 formance the assigned responsibilities.
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1 ‘‘(f) OCEAN RESEARCH ADVISORY PANEL.—(1) The

2 Council shall establish an Ocean Research Advisory Panel

3 consisting of members appointed by the Council from

4 among persons eminent in the fields of oceanography,

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

6 representative of the interests of governments, institutions

7 of higher education, and industry in the matters covered

8 by the purposes of the National Oceanographic Partner9 ship Program (as set forth in section 7901(b) of this title).

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

11 responsibilities that the Council consider appropriate. The

12 Coordinating Group shall be subject the authority, direc13 tion, and control of the Council to in the performance of

14 the assigned responsibilities.

15 ‘‘§ 7903. Partnership program projects

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

17 National Ocean Research Leadership Council shall select

18 the partnership projects that are to be considered eligible

19 for support under the National Oceanographic Partner20 ship Program. A project partnership may be established

21 by any instrument that the Council considers appropriate,

22 including a memorandum of understanding, a cooperative

23 research and development agreement, and any similar in24 strument.
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1 ‘‘(b) CONTRACT AND GRANT AUTHORITY.—(1) The

2 Council may authorize one or more of the departments

3 and agencies of the Federal Government represented on

4 the Council to enter into contracts or to make grants for

5 the support of partnership projects selected under sub6 section (a).

7 ‘‘(2) Funds appropriated or otherwise made available

8 for the National Oceanographic Partnership Program may

9 be used for contracts entered into or grants awarded

10 under authority provided pursuant to paragraph (1).’’.

11 (2) The table of chapters at the beginning of subtitle

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

13 of part IV of such subtitle, are each amended by inserting

14 after the item relating to chapter 663 the following:

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

15 (b) INITIAL APPOINTMENTS OF COUNCIL MEM16 BERS.—The Chairman of the National Ocean Research

17 Leadership Council established under section 7902 of title

18 10, United States Code, as added by subsection (a)(1),

19 shall make the appointments required by subsection (b)(7)

20 of such section not later than December 1, 1996.

21 (c) FIRST ANNUAL REPORT OF NATIONAL OCEAN

22 RESEARCH LEADERSHIP COUNCIL.—The first annual re23 port required by section 7902(d) of title 10, United States

24 Code, as added by subsection (a)(1), shall be submitted

25 to Congress not later than March 1, 1997. The first report
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1 shall include, in addition to the information required by

2 such section, information about the terms of office, proce3 dures, and responsibilities of the Ocean Research Advisory

4 Panel established by the Council.

5 (d) FUNDING.—Of the funds authorized to be appro6 priated by section 201(2), $13,000,000 shall be available

7 for the National Oceanographic Partnership Program.

8 TITLE III—OPERATION AND

9 MAINTENANCE

10 Subtitle A—Authorization of

11 Appropriations

12 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 1997 for the use of the Armed Forces and other

15 activities and agencies of the Department of Defense for

16 expenses, not otherwise provided for, for operation and

17 maintenance, in amounts as follows:

18 (1) For the Army, $18,147,623,000.

19 (2) For the Navy, $20,298,339,000.

20 (3) For the Marine Corps, $2,279,477,000.

21 (4) For the Air Force, $17,953,039,000.

22 (5) For Defense-wide activities,

23 $9,863,942,000.

24 (6) For the Army Reserve, $1,094,436,000.

25 (7) For the Naval Reserve, $851,027,000.
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1 (8) For the Marine Corps Reserve,

2 $110,367,000.

3 (9) For the Air Force Reserve, $1,493,553,000.

4 (10) For the Army National Guard,

5 $2,218,477,000.

6 (11) For the Air National Guard,

7 $2,692,473,000.

8 (12) For the Defense Inspector General,

9 $136,501,000.

10 (13) For the United States Court of Appeals

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

12 (14) For Environmental Restoration, Army,

13 $356,916,000.

14 (15) For Environmental Restoration, Navy,

15 $302,900,000.

16 (16) For Environmental Restoration, Air Force,

17 $414,700,000.

18 (17) For Environmental Restoration, Defense19 wide, $258,500,000.

20 (18) For Drug Interdiction and Counter-drug

21 Activities, Defense-wide, $793,824,000.

22 (19) For Medical Programs, Defense,

23 $9,375,988,000.

24 (20) For Cooperative Threat Reduction pro25 grams, $327,900,000.
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1 (21) For Overseas Humanitarian, Disaster, and

2 Civic Aid programs, $49,000,000.

3 SEC. 302. WORKING CAPITAL FUNDS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1997 for the use of the Armed Forces and other

6 activities and agencies of the Department of Defense for

7 providing capital for working capital and revolving funds

8 in amounts as follows:

9 (1) For the Defense Business Operations Fund,

10 $947,900,000.

11 (2) For the National Defense Sealift Fund,

12 $1,268,002,000.

13 SEC. 303. DEFENSE NUCLEAR AGENCY.

14 Of the amounts authorized to be appropriated for the

15 Department of Defense under section 301(5),

16 $88,083,000 shall be available for the Defense Nuclear

17 Agency.

18 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK19 PILE TRANSACTION FUND.

20 (a) TRANSFER AUTHORITY.—To the extent provided

21 in appropriations Acts, not more than $150,000,000 is au22 thorized to be transferred from the National Defense

23 Stockpile Transaction Fund to operation and maintenance

24 accounts for fiscal year 1997 in amounts as follows:

25 (1) For the Army, $50,000,000.
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1 (2) For the Navy, $50,000,000.

2 (3) For the Air Force, $50,000,000.

3 (b) TREATMENT OF TRANSFERS.—Amounts trans4 ferred under this section—

5 (1) shall be merged with, and be available for

6 the same purposes and the same period as, the

7 amounts in the accounts to which transferred; and

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

9 been denied authorization of appropriations by Con10 gress.

11 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR12 ITY.—The transfer authority provided in this section is in

13 addition to the transfer authority provided in section

14 1001.

15 SEC. 305. CIVIL AIR PATROL.

16 (a) FUNDING.—Of the amounts authorized to be ap17 propriated pursuant to this Act, $14,526,000 may be

18 made available to the Civil Air Patrol Corporation.

19 (b) AMOUNT FOR SEARCH AND RESCUE OPER20 ATIONS.—Of the amount made available pursuant to sub21 section (a), not more than 75 percent of such amount may

22 be available for costs other than the costs of search and

23 rescue missions.
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1 SEC. 306. SR–71 CONTINGENCY RECONNAISSANCE FORCE.

2 Of the funds authorized to be appropriated by section

3 301(4), $30,000,000 is authorized to be made available

4 for the SR–71 contingency reconnaissance force.

5 Subtitle B—Program Require6 ments, Restrictions, and Limita7 tions

8 SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME

9 PREPOSITIONING SHIPS OUT OF NATIONAL

10 DEFENSE SEALIFT FUND.

11 (a) NATIONAL DEFENSE SEALIFT FUND.—To the

12 extent provided in appropriations Acts, funds in the Na13 tional Defense Sealift Fund may be obligated and ex14 pended for the purchase and conversion, or construction,

15 of a total of three ships for the purpose of enhancing Ma16 rine Corps prepositioning ship squadrons.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the

18 amount authorized to be appropriated under section

19 302(2), $240,000,000 is authorized to be appropriated for

20 the purpose stated in subsection (a).

21 SEC. 312. NATIONAL DEFENSE SEALIFT FUND.

22 Section 2218 of title 10, United States Code, is

23 amended—

24 (1) in subsection (c)(1)(E), by striking out ‘‘,

25 but only for vessels built in United States ship26 yards’’;
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1 (2) in subsection (f)—

2 (A) in paragraph (1)—

3 (i) by striking out ‘‘five’’ and insert4 ing in lieu thereof ‘‘ten’’; and

5 (ii) by striking out ‘‘(c)(1)’’ and in6 serting in lieu thereof ‘‘(c)(1)(A)’’; and

7 (B) in paragraph (2), by striking out

8 ‘‘(c)(1)’’ and inserting in lieu thereof

9 ‘‘(c)(1)(A)’’; and

10 (3) in subsection (j), by striking out ‘‘(c)(1)

11 (A), (B), (C), and (D)’’ and inserting in lieu thereof

12 ‘‘(c)(1) (A), (B), (C), (D), and (E)’’.

13 SEC. 313. NONLETHAL WEAPONS CAPABILITIES.

14 Of the amount authorized to be appropriated under

15 section 301, $5,000,000 shall be available for the imme16 diate procurement of nonlethal weapons capabilities to

17 meet existing deficiencies in inventories of such capabili18 ties, of which—

19 (1) $2,000,000 shall be available for the Army;

20 and

21 (2) $3,000,000 shall be available for the Marine

22 Corps.
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1 SEC. 314. RESTRICTION ON COAST GUARD FUNDING.

2 No funds are authorized by this Act to be appro3 priated to the Department of Defense for the Coast Guard

4 within budget subfunction 054.

5 Subtitle C—Depot-Level Activities

6 SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF

7 CORE LOGISTICS FUNCTIONS.

8 Section 2464(a) of title 10, United States Code is

9 amended by striking out paragraph (2) and inserting in

10 lieu thereof the following:

11 ‘‘(2) The Secretary of Defense shall maintain within

12 the Department of Defense those logistics activities and

13 capabilities that are necessary to provide the logistics ca14 pability described in paragraph (1). The logistics activities

15 and capabilities maintained under this paragraph shall in16 clude all personnel, equipment, and facilities that are nec17 essary to maintain and repair the weapon systems and

18 other military equipment identified under paragraph (3).

19 ‘‘(3) The Secretary of Defense, in consultation with

20 the Joint Chiefs of Staff, shall identify the weapon sys21 tems and other military equipment that it is necessary to

22 maintain and repair within the Department of Defense in

23 order to maintain within the department the capability de24 scribed in paragraph (1).

25 ‘‘(4) The Secretary shall require that the core logis26 tics functions identified pursuant to paragraph (3) be per-
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1 formed in Government-owned, Government-operated facili2 ties of the Department of Defense by Department of De3 fense personnel using Department of Defense equip4 ment.’’.

5 SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CON6 TRACTOR PERFORMANCE OF DEPOT-LEVEL

7 MAINTENANCE AND REPAIR WORKLOADS.

8 (a) FIFTY PERCENT LIMITATION.—Section 2466(a)

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

10 out ‘‘40 percent’’ in the first sentence and inserting in

11 lieu thereof ‘‘50 percent’’.

12 (b) INCREASE DELAYED PENDING RECEIPT OF

13 STRATEGIC PLAN FOR THE PERFORMANCE OF DEPOT14 LEVEL MAINTENANCE AND REPAIR.—(1) Notwithstand15 ing the first sentence of section 2466(a) of title 10, United

16 States Code (as amended by subsection (a)), until the

17 strategic plan for the performance of depot-level mainte18 nance and repair is submitted under section 325, not more

19 than 40 percent of the funds made available in a fiscal

20 year to a military department or a Defense Agency for

21 depot-level maintenance and repair workload may be used

22 to contract for the performance by non-Federal Govern23 ment personnel of such workload for the military depart24 ment or the Defense Agency.
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1 (2) In paragraph (1), the term ‘‘depot-level mainte2 nance and repair workload’’ has the meaning given such

3 term in section 2466(f) of title 10, United States Code.

4 SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND

5 REPAIR.

6 Subsection (e) of section 2466 of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘(e) REPORT.—(1) Not later than February 1 of each

9 year, the Secretary of Defense shall submit to Congress

10 a report identifying, for each military department and De11 fense Agency—

12 ‘‘(A) the percentage of the funds referred to in

13 subsection (a) that were used during the preceding

14 fiscal year for performance of depot-level mainte15 nance and repair workloads by Federal Government

16 personnel; and

17 ‘‘(B) the percentage of the funds referred to in

18 subsection (a) that were used during the preceding

19 fiscal year to contract for the performance of depot20 level maintenance and repair workloads by non-Fed21 eral Government personnel.

22 ‘‘(2) Not later than 90 days after the date on which

23 the Secretary submits the annual report under paragraph

24 (1), the Comptroller General shall submit to the Commit25 tees on Armed Services and on Appropriations of the Sen-
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1 ate and the Committees on National Security and on Ap2 propriations of the House of Representatives the Comp3 troller’s views on whether the Department of Defense has

4 complied with the requirements of subsection (a) for the

5 fiscal year covered by the report.’’.

6 SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORK7 LOAD DEFINED.

8 Section 2466 of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(f) DEPOT-LEVEL MAINTENANCE AND REPAIR

11 WORKLOAD DEFINED.—In this section, the term ‘depot12 level maintenance and repair workload’—

13 ‘‘(1) means material maintenance requiring

14 major overhaul or complete rebuilding of parts, as15 semblies, or subassemblies, and testing and reclama16 tion of equipment as necessary, including all aspects

17 of software maintenance;

18 ‘‘(2) includes those portions of interim contrac19 tor support, contractor logistics support, or any

20 similar contractor support for the performance of

21 services described in paragraph (1); and

22 ‘‘(3) does not include ship modernization and

23 other repair activities that—
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1 ‘‘(A) are funded out of appropriations

2 available to the Department of Defense for pro3 curement; and

4 ‘‘(B) were not considered to be depot-level

5 maintenance and repair workload activities

6 under regulations of the Department of Defense

7 in effect on February 10, 1996.’’.

8 SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL

9 MAINTENANCE AND REPAIR.

10 (a) STRATEGIC PLAN REQUIRED.—(1) As soon as

11 possible after the enactment of this Act, the Secretary of

12 Defense shall submit to the Committee on Armed Services

13 of the Senate and the Committee on National Security of

14 the House of Representatives a strategic plan for the per15 formance of depot-level maintenance and repair.

16 (2) The strategic plan shall cover the performance of

17 depot-level maintenance and repair for the Department of

18 Defense in fiscal years 1998 through 2007. The plan shall

19 provide for maintaining the capability described in section

20 2464 of title 10, United States Code.

21 (b) ADDITIONAL MATTERS COVERED.—The Sec22 retary of Defense shall include in the strategic plan sub23 mitted under subsection (a) a detailed discussion of the

24 following matters:
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1 (1) For each military department, as deter2 mined after consultation with the Secretary of that

3 military department and the Chairman of the Joint

4 Chiefs of Staff, the depot-level maintenance and re5 pair activities and workloads that are necessary to

6 perform within the Department of Defense in order

7 to maintain the core logistics capability required by

8 section 2464 of title 10, United States Code.

9 (2) For each military department, as deter10 mined after consultation with the Secretary of that

11 military department and the Chairman of the Joint

12 Chiefs of Staff, the depot-level maintenance and re13 pair activities and workloads that the Secretary of

14 Defense plans to perform within the Department of

15 Defense in order to satisfy the requirements of sec16 tion 2466 of title 10, United States Code.

17 (3) For the activities identified pursuant to

18 paragraphs (1) and (2), a discussion of which spe19 cific existing weapon systems or other existing equip20 ment, and which specific planned weapon systems or

21 other planned equipment, are weapon systems or

22 equipment for which it is necessary to maintain a

23 core depot-level maintenance and repair capability

24 within the Department of Defense.
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1 (4) The core capabilities, including sufficient

2 skilled personnel, equipment, and facilities, that—

3 (A) are of sufficient size—

4 (i) to ensure a ready and controlled

5 source of the technical competencies, and

6 the maintenance and repair capabilities,

7 that are necessary to meet the require8 ments of the national military strategy and

9 other requirements for responding to mobi10 lizations and military contingencies; and

11 (ii) to provide for rapid augmentation

12 in time of emergency; and

13 (B) are assigned a sufficient workload to

14 ensure cost efficiency and technical proficiency

15 in peacetime.

16 (5) The environmental liability issues associated

17 with any projected privatization of the performance

18 of depot-level maintenance and repair, together with

19 detailed projections of the cost to the United States

20 of satisfying environmental liabilities associated with

21 such privatized performance.

22 (6) Any significant issues and risks concerning

23 exchange of technical data on depot-level mainte24 nance and repair between the Federal Government

25 and the private sector.
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1 (7) Any deficiencies in Department of Defense

2 financial systems that hinder effective evaluation of

3 competitions (whether among private-sector sources

4 or among depot-level activities owned and operated

5 by the Department of Defense and private-sector

6 sources), and merit-based selections (among depot7 level activities owned and operated by the Depart8 ment of Defense), for a depot-level maintenance and

9 repair workload, together with plans to correct such

10 deficiencies.

11 (8) The type of facility (whether a private sec12 tor facility or a Government owned and operated fa13 cility) in which depot-level maintenance and repair

14 of any new weapon systems that will reach full scale

15 development is to be performed.

16 (9) The workloads necessary to maintain Gov17 ernment owned and operated depots at 50 percent,

18 70 percent, and 85 percent of operating capacity.

19 (10) A plan for improving the productivity of

20 the Government owned and operated depot mainte21 nance and repair facilities, together with manage22 ment plans for changing administrative and missions

23 processes to achieve productivity gains, a discussion

24 of any barriers to achieving desired productivity

25 gains at the depots, and any necessary changes in ci-
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1 vilian personnel policies that are necessary to im2 prove productivity.

3 (11) The criteria used to make decisions on

4 whether to convert to contractor performance of

5 depot-level maintenance and repair, the officials re6 sponsible for making the decision to convert, and

7 any depot-level maintenance and repair workloads

8 that are proposed to be converted to contractor per9 formance before the end of fiscal year 2001.

10 (12) A detailed analysis of savings proposed to

11 be achieved by contracting for the performance of

12 depot-level maintenance and repair workload by pri13 vate sector sources, together with the report on the

14 review of the analysis (and the assumptions underly15 ing the analysis) provided for under subsection (c).

16 (c) INDEPENDENT REVIEW OF SAVINGS ANALYSIS.—

17 The Secretary shall provide for a public accounting firm

18 (independent of Department of Defense influence) to re19 view the analysis referred to in subsection (b)(13) and the

20 assumptions underlying the analysis for submission to the

21 committees referred to in subsection (a) and to the Comp22 troller General.

23 (d) REVIEW BY COMPTROLLER GENERAL.—(1) At

24 the same time that the Secretary of Defense transmits the

25 strategic plan under subsection (a), the Secretary shall
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1 transmit a copy of the plan (including the report of the

2 public accounting firm provided for under subsection (c))

3 to the Comptroller General of the United States and make

4 available to the Comptroller General all information used

5 by the Department of Defense in preparing the plan and

6 analysis.

7 (2) Not later than 60 days after the date on which

8 the Secretary submits the strategic plan required by sub9 section (a), the Comptroller General shall transmit to Con10 gress a report containing a detailed analysis of the strate11 gic plan.

12 (e) ADDITIONAL REPORTING REQUIREMENT FOR

13 COMPTROLLER GENERAL.—Not later than February 1,

14 1997, the Comptroller General shall submit to the commit15 tees referred to in subsection (a) a report on the effective16 ness of the oversight by the Department of Defense of the

17 management of existing contracts with private sector

18 sources of depot-level maintenance and repair of weapon

19 systems, the adequacy of Department of Defense financial

20 and information systems to support effective decisions to

21 contract for private sector performance of depot-level

22 maintenance and repair workloads that are being or have

23 been performed by Government personnel, the status of

24 reengineering efforts at depots owned and operated by the

25 United States, and any overall management weaknesses
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1 within the Department of Defense that would hinder effec2 tive use of contracting for the performance of depot-level

3 maintenance and repair.

4 SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCE5 DURES.

6 (a) ANNUAL REPORT.—Section 2469 of title 10,

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

8 following:

9 ‘‘(d) ANNUAL REPORT.—Not later than March 31 of

10 each year, the Secretary of Defense shall submit to the

11 Committee on Armed Services of the Senate and the Com12 mittee on National Security of the House of Representa13 tives a report describing the competitive procedures used

14 during the preceding fiscal year for competitions referred

15 to in subsection (a).’’.

16 (b) FIRST REPORT.—The first report under sub17 section (d) of section 2469 of title 10, United States Code

18 (as added by subsection (a)), shall be submitted not later

19 than March 31, 1997.

20 SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRI21 VATE PERFORMANCE OF DEPOT-LEVEL MAIN22 TENANCE WORK.

23 (a) REPORTS.—Chapter 146 of title 10, United

24 States Code, is amended by adding at the end the follow25 ing:
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1 ‘‘§ 2473. Reports on privatization of depot-level main2 tenance work

3 ‘‘(a) ANNUAL RISK ASSESSMENTS.—(1) Not later

4 than January 1 of each year, the Joint Chiefs of Staff

5 shall submit to the Secretary of Defense a report on the

6 privatization of the performance of the various depot-level

7 maintenance workloads of the Department of Defense.

8 ‘‘(2) The report shall include with respect to each

9 depot-level maintenance workload the following:

10 ‘‘(A) An assessment of the risk to the readi11 ness, sustainability, and technology of the Armed

12 Forces in a full range of anticipated scenarios for

13 peacetime and for wartime of—

14 ‘‘(i) using public entities to perform the

15 workload;

16 ‘‘(ii) using private entities to perform the

17 workload; and

18 ‘‘(iii) using a combination of public entities

19 and private entities to perform the workload.

20 ‘‘(B) The recommendation of the Joint Chiefs

21 as to whether public entities, private entities, or a

22 combination of public entities and private entities

23 could perform the workload without jeopardizing

24 military readiness.

25 ‘‘(3) Not later than 30 days after receiving the report

26 under paragraph (2)(B), the Secretary shall transmit the
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1 report to Congress. If the Secretary does not concur in

2 the recommendation made by the Joint Chiefs pursuant

3 to paragraph (2)(B), the Secretary shall include in the re4 port under this paragraph—

5 ‘‘(A) the recommendation of the Secretary; and

6 ‘‘(B) a justification for the differences between

7 the recommendation of the Joint Chiefs and the rec8 ommendation of the Secretary.

9 ‘‘(b) ANNUAL REPORT ON PROPOSED PRIVATIZA10 TION.—(1) Not later than February 28 of each year, the

11 Joint Chiefs of Staff shall submit to the Secretary of De12 fense a report on each depot-level maintenance workload

13 of the Department of Defense that the Joint Chiefs believe

14 could be converted to performance by private entities dur15 ing the next fiscal year without jeopardizing military read16 iness.

17 ‘‘(2) Not later than 30 days after receiving a report

18 under paragraph (1), the Secretary shall transmit the re19 port to Congress. If the Secretary does not concur in the

20 proposal of the Joint Chiefs in the report, the Secretary

21 shall include in the report under this paragraph—

22 ‘‘(A) each depot-level maintenance workload of

23 the Department that the Secretary proposes to be

24 performed by private entities during the fiscal year

25 concerned; and
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1 ‘‘(B) a justification for the differences between

2 the proposal of the Joint Chiefs and the proposal of

3 the Secretary.’’.

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

5 at the beginning of such chapter is amended by adding

6 at the end the following:

‘‘2473. Reports on privatization of depot-level maintenance work.’’.

7 SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIP8 YARDS AND AVIATION DEPOTS TO ENGAGE IN

9 DEFENSE-RELATED PRODUCTION AND SERV10 ICES.

11 (a) EXTENSION OF AUTHORITY.—Section 1425(e) of

12 the National Defense Authorization Act for Fiscal Year

13 1991 (Public Law 101–510) is amended by striking out

14 ‘‘expires on September 30, 1995’’ and inserting in lieu

15 thereof ‘‘may not be exercised after September 30, 1997’’.

16 (b) REVIVAL OF EXPIRED AUTHORITY.—The author17 ity provided in section 1425 of the National Defense Au18 thorization Act for Fiscal Year 1991 may be exercised

19 after September 30, 1995, subject to the limitation in sub20 section (e) of such section as amended by subsection (a)

21 of this section.

22 SEC. 329. LIMITATION ON USE OF FUNDS FOR F–18 AIR23 CRAFT DEPOT MAINTENANCE.

24 Of the amounts authorized to be appropriated by sec25 tion 301(2), not more than $5,000,000 may be used for
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1 the performance of depot maintenance on F–18 aircraft

2 until 30 days after the date on which the Secretary of

3 Defense submits to the congressional defense committees

4 a report on aviation depot maintenance. The report shall

5 contain the following:

6 (1) The results of a competition which the Sec7 retary shall conduct between all Department of De8 fense aviation depots for selection for the perform9 ance of depot maintenance on F–18 aircraft.

10 (2) An analysis of the total cost of transferring

11 the F–18 aircraft depot maintenance workload to an

12 aviation depot not performing such workload as of

13 the date of the enactment of this Act.

14 SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILI15 TIES CLOSED BY BRAC.

16 The Secretary may not contract for the performance

17 by a private sector source of any of the depot maintenance

18 workload performed as of the date of the enactment of

19 this Act at Sacramento Air Logistics Center or the San

20 Antonio Air Logistics Center until the Secretary—

21 (1) publishes criteria for the evaluation of bids

22 and proposals to perform such workload;

23 (2) conducts a competition for the workload be24 tween public and private entities;
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1 (3) pursuant to the competition, determines in

2 accordance with the criteria published under para3 graph (1) that an offer submitted by a private sector

4 source to perform the workload is the best value for

5 the United States; and

6 (4) submits to Congress the following—

7 (A) a detailed comparison of the cost of

8 the performance of the workload by civilian em9 ployees of the Department of Defense with the

10 cost of the performance of the workload by that

11 source; and

12 (B) an analysis which demonstrates that

13 the performance of the workload by that source

14 will provide the best value for the United States

15 over the life of the contract.

16 Subtitle D—Environmental

17 Provisions

18 SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL

19 RESTORATION TRANSFER ACCOUNTS FOR

20 EACH MILITARY DEPARTMENT.

21 (a) ESTABLISHMENT.—(1) Section 2703 of title 10,

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

23 ‘‘§ 2703. Environmental restoration transfer accounts

24 ‘‘(a) ESTABLISHMENT OF TRANSFER ACCOUNTS.—
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1 ‘‘(1) ESTABLISHMENT.—There are hereby es2 tablished in the Department of Defense the following

3 accounts:

4 ‘‘(A) An account to be known as the ‘De5 fense Environmental Restoration Account’.

6 ‘‘(B) An account to be known as the ‘Army

7 Environmental Restoration Account’.

8 ‘‘(C) An account to be known as the ‘Navy

9 Environmental Restoration Account’.

10 ‘‘(D) An account to be known as the ‘Air

11 Force Environmental Restoration Account’.

12 ‘‘(2) TREATMENT OF APPROPRIATIONS.—All

13 sums appropriated to the Department of Defense to

14 carry out functions of the Secretary of Defense or

15 of the Secretaries of the military departments relat16 ing to environmental restoration under this chapter

17 or under any other provision of law shall be appro18 priated to the transfer account concerned.

19 ‘‘(3) REQUIREMENT OF AUTHORIZATION OF AP20 PROPRIATIONS.—No funds may be appropriated to a

21 transfer account unless such sums have been specifi22 cally authorized by law.

23 ‘‘(4) AVAILABILITY OF FUNDS IN TRANSFER

24 ACCOUNTS.—Amounts appropriated to a transfer ac-
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1 count shall remain available until transferred under

2 subsection (b).

3 ‘‘(b) AUTHORITY TO TRANSFER TO OTHER AC4 COUNTS.—Amounts in a transfer account shall be avail5 able for transfer by the Secretary of Defense (in the case

6 of the Defense Environmental Restoration Account) or by

7 the Secretary of a military department (in the case of the

8 environmental restoration account of that military depart9 ment) to any appropriation account or fund of the Depart10 ment of Defense (including an account or fund of a mili11 tary department) for obligation from the account or fund

12 to which transferred.

13 ‘‘(c) OBLIGATION OF TRANSFERRED AMOUNTS.—

14 Funds transferred under subsection (b) may only be obli15 gated or expended from the account or fund to which

16 transferred in order to carry out the environmental res17 toration functions of the Secretary of Defense and the

18 Secretaries of the military departments under this chapter

19 and under any other provision of law.

20 ‘‘(d) BUDGET REPORTS.—In proposing the budget

21 for any fiscal year pursuant to section 1105 of title 31,

22 the President shall set forth separately the amounts re23 quested for environmental restoration programs of the De24 partment of Defense and of each of the military depart25 ments under this chapter and under any other Act.
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1 ‘‘(e) AMOUNTS RECOVERED.—The following amounts

2 shall be credited to the appropriate environmental restora3 tion account:

4 ‘‘(1) Amounts recovered under CERCLA for re5 sponse actions.

6 ‘‘(2) Any other amounts recovered from a con7 tractor, insurer, surety, or other person to reimburse

8 the Department of Defense or a military department

9 for any expenditure for environmental response ac10 tivities.

11 ‘‘(f) PAYMENTS OF FINES AND PENALTIES.—None

12 of the funds appropriated to the Defense Environmental

13 Restoration Account for fiscal years 1995 through 1999,

14 or to any environmental restoration account of a military

15 department for fiscal years 1997 through 1999, may be

16 used for the payment of a fine or penalty (including any

17 supplemental environmental project carried out as part of

18 such penalty) imposed against the Department of Defense

19 or a military department unless the act or omission for

20 which the fine or penalty is imposed arises out of an activ21 ity funded by the environmental restoration account con22 cerned and the payment of the fine or penalty has been

23 specifically authorized by law.’’.

24 (2) The table of sections at the beginning of chapter

25 160 of title 10, United States Code, is amended by strik-
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1 ing out the item relating to section 2703 and inserting

2 in lieu thereof the following new item:

‘‘2703. Environmental restoration transfer accounts.’’.

3 (b) REFERENCES.—Any reference to the Defense En4 vironmental Restoration Account in any Federal law, Ex5 ecutive Order, regulation, delegation of authority, or docu6 ment of or pertaining to the Department of Defense shall

7 be deemed to refer to the appropriate environmental res8 toration account established under section 2703(a)(1) of

9 title 10, United States Code (as amended by subsection

10 (a)(1)).

11 (c) CONFORMING AMENDMENT.—Section 2705(g)(1)

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

13 out ‘‘the Defense Environmental Restoration Account’’

14 and inserting in lieu thereof ‘‘the environmental restora15 tion account concerned’’.

16 (d) TREATMENT OF UNOBLIGATED BALANCES.—Any

17 unobligated balances that remain in the Defense Environ18 mental Restoration Account under section 2703(a) of title

19 10, United States Code, as of the effective date specified

20 in subsection (e) shall be transferred on such date to the

21 Defense Environmental Restoration Account established

22 under section 2703(a)(1) of title 10, United States Code

23 (as amended by subsection (a)(1)).

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

25 this section shall take effect on the later of—
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1 (1) October 1, 1996; or

2 (2) the date of the enactment of this Act.

3 SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIRE4 MENT FOR REPORTS ON CONTRACTOR REIM5 BURSEMENT COSTS FOR RESPONSE ACTIONS.

6 Section 2706(d)(1)(A) of title 10, United States

7 Code, is amended by striking out ‘‘100’’ and inserting in

8 lieu thereof ‘‘20’’.

9 SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND

10 CONSULTATION REQUIREMENTS REGARDING

11 REMEDIAL INVESTIGATIONS AND FEASIBIL12 ITY STUDIES AT CERTAIN INSTALLATIONS TO

13 BE CLOSED UNDER THE BASE CLOSURE

14 LAWS.

15 Section 334 of the National Defense Authorization

16 Act for Fiscal Years 1992 and 1993 (Public Law 102–

17 190; 105 Stat. 1340; 10 U.S.C. 2687 note) is repealed.

18 SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PEN19 ALTIES.

20 (a) AUTHORITY.—The Secretary of Defense may pay

21 to the Hazardous Substance Superfund established under

22 section 9507 of the Internal Revenue Code of 1986 (26

23 U.S.C. 9507) stipulated civil penalties assessed under

24 CERCLA in amounts, and using funds, as follows:
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1 (1) Using funds authorized to be appropriated

2 to the Army Environmental Restoration Account es3 tablished under section 2703(a)(1)(B) of title 10,

4 United States Code, as amended by section 341 of

5 this Act, $34,000 assessed against Fort Riley, Kan6 sas, under CERCLA.

7 (2) Using funds authorized to be appropriated

8 to the Navy Environmental Restoration Account es9 tablished under section 2703(a)(1)(C) of that title,

10 as so amended, $30,000 assessed against the Naval

11 Education and Training Center, Newport, Rhode Is12 land, under CERCLA.

13 (3) Using funds authorized to be appropriated

14 to the Air Force Environmental Restoration Account

15 established under section 2703(a)(1)(D) of that title,

16 as so amended—

17 (A) $550,000 assessed against the Massa18 chusetts Military Reservation, Massachusetts,

19 under CERCLA, of which $500,000 shall be for

20 the supplemental environmental project for a

21 groundwater modeling project that constitutes a

22 part of the negotiated settlement of a penalty

23 against the reservation; and

24 (B) $10,000 assessed against F.E. Warren

25 Air Force Base, Wyoming, under CERCLA.
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1 (4) Using funds authorized to be appropriated

2 to the Department of Defense Base Closure Account

3 1990 by section 2406(a)(13) of this Act, $50,000

4 assessed against Loring Air Force Base, Maine,

5 under CERCLA.

6 (b) CERCLA DEFINED.—In this section, the term

7 ‘‘CERCLA’’ means the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42

9 U.S.C. 9601 et seq.).

10 SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL

11 FACILITIES ON NATIONAL PRIORITIES LIST.

12 Section 120(d) of the Comprehensive Environmental

13 Response, Compensation, and Liability Act of 1980 (42

14 U.S.C. 9620(d)) is amended—

15 (1) by redesignating paragraphs (1) and (2) as

16 subparagraphs (A) and (B), respectively;

17 (2) by striking ‘‘Not later than 18 months after

18 the enactment of the Superfund Amendments and

19 Reauthorization Act of 1986, the Administrator’’

20 and inserting the following:

21 ‘‘(1) IN GENERAL.—The Administrator’’; and

22 (3) by striking ‘‘Such criteria’’ and all that fol23 lows through the end of the subsection and inserting

24 the following:

25 ‘‘(2) APPLICATION OF CRITERIA.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the criteria referred to in paragraph

3 (1) shall be applied in the same manner as the

4 criteria are applied to facilities that are owned

5 or operated by persons other than the United

6 States.

7 ‘‘(B) RESPONSE UNDER OTHER LAW.—

8 That the head of the department, agency, or in9 strumentality that owns or operates a facility

10 has arranged with the Administrator or appro11 priate State authorities to respond appro12 priately, under authority of a law other than

13 this Act, to a release or threatened release of a

14 hazardous substance shall be an appropriate

15 factor to be taken into consideration for the

16 purposes of section 105(a)(8)(A).

17 ‘‘(3) COMPLETION.—Evaluation and listing

18 under this subsection shall be completed in accord19 ance with a reasonable schedule established by the

20 Administrator.’’.
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1 SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FED2 ERAL PROPERTY BEFORE COMPLETION OF

3 REQUIRED REMEDIAL ACTIONS.

4 Section 120(h)(3) of the Comprehensive Environ5 mental Response, Compensation, and Liability Act of

6 1980 (42 U.S.C. 9620(h)(3)) is amended—

7 (1) by redesignating subparagraph (A) as

8 clause (i) and clauses (i), (ii), and (iii) of that sub9 paragraph as subclauses (I), (II), and (III), respec10 tively;

11 (2) by striking ‘‘After the last day’’ and insert12 ing the following:

13 ‘‘(A) IN GENERAL.—After the last day’’;

14 (3) by redesignating subparagraph (B) as

15 clause (ii) and clauses (i) and (ii) of that subpara16 graph as subclauses (I) and (II), respectively;

17 (4) by redesignating subparagraph (C) as

18 clause (iii);

19 (5) by striking ‘‘For purposes of subparagraph

20 (B)(i)’’ and inserting the following:

21 ‘‘(B) COMPLETION OF CONSTRUCTION.—

22 For purposes of subparagraph (A)(ii)(I)’’; and

23 (6) by adding at the end the following:

24 ‘‘(C) DEFERRAL.—The Administrator (in

25 the case of real property at a Federal facility

26 that is listed on the National Priorities List) or
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1 the Governor of the State in which the facility

2 is located (in the case of real property at a Fed3 eral facility not listed on the National Priorities

4 List) may defer the requirement of subpara5 graph (A)(ii) with respect to the property if the

6 Administrator or the Governor, as the case may

7 be, determines that—

8 ‘‘(i) the property is suitable for trans9 fer; and

10 ‘‘(ii) the contract of sale or other

11 agreement governing the transfer between

12 the United States and the transferee of the

13 property contains assurances that all ap14 propriate remedial action will be taken

15 with respect to any releases or threatened

16 releases at or from the property that oc17 curred or existed prior to the transfer.’’.

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 SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGE14 MENT OF CULTURAL RESOURCES ON MILI15 TARY INSTALLATIONS.

16 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

17 Chapter 159 of title 10, United States Code, is amended

18 by adding at the end the following new section:

19 ‘‘§ 2694. Cooperative agreements for management of

20 cultural resources on military installa21 tions

22 ‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—

23 The Secretary of Defense and the Secretaries of the mili24 tary departments may enter into cooperative agreements

25 with States, local governments, and appropriate public and
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1 private entities in order to provide for the preservation,

2 management, maintenance, and rehabilitation of cultural

3 resources on military installations.

4 ‘‘(b) INAPPLICABILITY OF CERTAIN FEDERAL FI5 NANCIAL MANAGEMENT LAWS.—A cooperative agreement

6 under subsection (a) shall not be treated as a cooperative

7 agreement for purposes of chapter 63 of title 31.

8 ‘‘(c) LIMITATION ON AUTHORITY TO CARRY OUT

9 AGREEMENTS.—The authority of the Secretary of Defense

10 or the Secretary of a military department to carry out an

11 agreement entered into under subsection (a) shall be sub12 ject to the availability of funds for that purpose.

13 ‘‘(d) DEFINITION.—For purposes of this section, the

14 term ‘cultural resource’ means any of the following:

15 ‘‘(1) A building, structure, site, district, or ob16 ject eligible for or included in the National Register

17 of Historic Places maintained under section 101(a)

18 of the National Historic Preservation Act (16 U.S.C.

19 470a(a)).

20 ‘‘(2) A cultural item as that term is defined in

21 section 2(3) of the Native American Graves Protec22 tion and Repatriation Act (25 U.S.C. 3001(3)).

23 ‘‘(3) An archaeological resource as that term is

24 defined in section 3(1) of the Archaeological Re-
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1 sources Protection Act of 1979 (16 U.S.C.

2 470bb(1)).

3 ‘‘(4) An archaeological artifact collection and

4 associated records covered by section 79 of title 36,

5 Code of Federal Regulations.’’.

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:

‘‘2694. Cooperative agreements for management of cultural resources on military installations.’’.

9 SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT

10 EL CENTRO NAVAL AIR FACILITY, CALIFOR11 NIA.

12 (a) REPORT.—Not later than March 15, 1997, the

13 Secretary of Defense, acting through the Deputy Under

14 Secretary of Defense for Environmental Security, shall

15 submit to the congressional defense committees a report

16 that assesses the effects of the proposed withdrawal of

17 public lands at El Centro Naval Air Facility, California,

18 on the operational and training requirements of the De19 partment of Defense at that facility.

20 (b) REPORT ELEMENTS.—The report under sub21 section (a) shall—

22 (1) describe in detail the operational and train23 ing requirements of the Department of Defense at

24 El Centro Naval Air Facility;
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1 (2) assess the effects of the proposed with2 drawal on such operational and training require3 ments;

4 (3) describe the relationship, if any, of the pro5 posed withdrawal to the withdrawal of other public

6 lands under the California Desert Protection Act of

7 1994 (Public Law 103–433);

8 (4) assess the additional responsibilities, if any,

9 of the Navy for land management at the facility as

10 a result of the proposed withdrawal; and

11 (5) assess the costs, if any, to the Navy result12 ing from the proposed withdrawal.

13 SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES

14 COLLECTED AT CLOSED MILITARY RESERVA15 TIONS.

16 Subparagraph (B) of section 101(b)(4) of the Act of

17 September 15, 1960 (commonly known as the ‘‘Sikes

18 Act’’; 16 U.S.C. 670a(b)(4)), is amended to read as fol19 lows:

20 ‘‘(B) the fees collected under this para21 graph—

22 ‘‘(i) shall be expended at the military

23 reservation with respect to which collected;

24 or
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1 ‘‘(ii) if collected with respect to a mili2 tary reservation that is closed, shall be

3 available for expenditure at any other mili4 tary reservation for purposes of the protec5 tion, conservation, and management of fish

6 and wildlife at such reservation.’’.

7 Subtitle E—Other Matters

8 SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNC9 TIONS AT FACILITIES LEASED BY THE GOV10 ERNMENT.

11 Section 2465(b) of title 10, United States Code, is

12 amended—

13 (1) by striking out ‘‘or’’ at the end of para14 graph (2);

15 (2) by striking out the period at the end of

16 paragraph (3) and inserting in lieu thereof ‘‘; or’’;

17 and

18 (3) by adding at the end the following:

19 ‘‘(4) to a contract to be carried out at a private

20 facility at which a Federal Government activity is lo21 cated pursuant to a lease of the facility to the Gov22 ernment.’’.
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1 SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.

2 (a) AUTHORITY.—Chapter 31 of title 10, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 520c. Authorized use of recruiting funds

6 ‘‘(a) MEALS AND REFRESHMENTS.—Under regula7 tions prescribed by the Secretary concerned, funds appro8 priated to the Department of Defense for recruitment of

9 military personnel may be expended for small meals and

10 refreshments that are provided in the performance of per11 sonnel recruiting functions of the armed forces to—

12 ‘‘(1) persons who have enlisted under the De13 layed Entry Program authorized by section 513 of

14 this title;

15 ‘‘(2) persons who are objects of armed forces

16 recruiting efforts;

17 ‘‘(3) influential persons in communities when

18 assisting the military departments in recruiting ef19 forts;

20 ‘‘(4) members of the armed forces and Federal

21 Government employees when attending recruiting

22 events in accordance with a requirement to do so;

23 and

24 ‘‘(5) other persons when contributing to recruit25 ing efforts by attending recruiting events.
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1 ‘‘(b) ANNUAL REPORT.—Not later than February 1

2 of each year, the Secretary of Defense shall submit to Con3 gress a report on the extent to which the authority under

4 subsection (a) was exercised during the fiscal year ending

5 in the preceding year.

6 ‘‘(c) TERMINATION OF AUTHORITY.—(1) The author7 ity in subsection (a) may not be exercised after September

8 30, 2001.

9 ‘‘(2) No report is required under subsection (b) after

10 2002.’’.

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:

‘‘520c. Authorized use of recruiting funds.’’.

14 SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND15 NAME COMMERCIAL ITEMS FOR RESALE IN

16 COMMISSARY STORES.

17 (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE

18 PROCUREMENT.—Section 2486 of title 10, United States

19 Code, is amended by adding at the end the following:

20 ‘‘(e) The Secretary of Defense may not, under the

21 exception provided in section 2304(c)(5) of this title, use

22 procedures other than competitive procedures for the pro23 curement of a brand-name commercial item for resale in

24 commissary stores unless the commercial item is regularly

25 sold outside of commissary stores under the same brand
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1 name as the commercial item will be sold in commissary

2 stores.’’.

3 (b) EFFECT ON EXISTING CONTRACTS.—The amend4 ment made by subsection (a) shall not affect the terms,

5 conditions, or duration of any contract entered into by the

6 Secretary of Defense before the date of the enactment of

7 this Act for the procurement of commercial items for re8 sale in commissary stores.

9 SEC. 364. ADMINISTRATION OF MIDSHIPMEN’S STORE AND

10 OTHER NAVAL ACADEMY SUPPORT ACTIVI11 TIES AS NONAPPROPRIATED FUND INSTRU12 MENTALITIES.

13 (a) IN GENERAL.—(1) Chapter 603 of title 10, Unit14 ed States Code, is amended by striking out sections 6970

15 and 6971 and inserting in lieu thereof the following new

16 section:

17 ‘‘§ 6970. Midshipmen’s store and Naval Academy

18 shops, laundry, and dairy: nonappro19 priated fund accounts

20 ‘‘(a) IN GENERAL.—Under regulations prescribed by

21 the Secretary of the Navy, the Superintendent of the

22 Naval Academy shall administer a nonappropriated fund

23 account for each of the Academy activities referred to in

24 subsection (b).
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1 ‘‘(b) ACTIVITIES.—Subsection (a) applies to the fol2 lowing Academy activities:

3 ‘‘(1) The midshipmen’s store.

4 ‘‘(2) The barber shop.

5 ‘‘(3) The cobbler shop.

6 ‘‘(4) The tailor shop.

7 ‘‘(5) The dairy.

8 ‘‘(6) The laundry.

9 ‘‘(c) CREDITING OF REVENUE.—The Superintendent

10 shall credit to each account administered with respect to

11 an activity under subsection (a) all revenue received from

12 the activity.’’.

13 (2) The table of sections at the beginning of such

14 chapter is amended by striking out the items relating to

15 sections 6970 and 6971 and inserting in lieu thereof the

16 following new item:

‘‘6970. Midshipmen’s store and Naval Academy shops, laundry, and dairy: nonappropriated fund accounts.’’.

17 (b) EMPLOYMENT STATUS OF EMPLOYEES OF AC18 TIVITIES.—Section 2105 of title 5, United States Code,

19 is amended by striking out subsection (b).

20 SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAU21 GURATION OF THE PRESIDENT.

22 (a) IN GENERAL.—Section 2543 of title 10, United

23 States Code, is amended to read to read as follows:
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1 ‘‘§ 2543. Equipment and services: Presidential inau2 gural committees

3 ‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary of

4 Defense may provide the assistance referred to in sub5 section (b) to the following committees:

6 ‘‘(1) An Inaugural Committee established under

7 the first section of the Presidential Inaugural Cere8 monies Act (36 U.S.C. 721).

9 ‘‘(2) A joint committee of the Senate and

10 House of Representatives appointed under section 9

11 of that Act (36 U.S.C. 729).

12 ‘‘(b) ASSISTANCE.—The following assistance may be

13 provided under subsection (a):

14 ‘‘(1) Planning and carrying out activities relat15 ing to security and safety.

16 ‘‘(2) Planning and carrying out ceremonial ac17 tivities.

18 ‘‘(3) Loan of property.

19 ‘‘(4) Any other assistance that the Secretary

20 considers appropriate.

21 ‘‘(c) REIMBURSEMENT.—(1) An inaugural committee

22 referred to in subsection (a)(1) shall reimburse the Sec23 retary for any costs incurred in connection with the provi24 sion to the committee of assistance referred to in sub25 section (b)(4).
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1 ‘‘(2) Costs reimbursed under paragraph (1) shall be

2 credited to the appropriations from which the costs were

3 paid. The amount credited to an appropriation shall be

4 proportionate to the amount of the costs charged to that

5 appropriation.

6 ‘‘(d) LOANED PROPERTY.—(1) Property loaned for

7 a presidential inauguration under subsection (b)(3) shall

8 be returned within nine days after the date of the cere9 mony inaugurating the President.

10 ‘‘(2) An inaugural committee referred to in sub11 section (a)(1) shall give good and sufficient bond for the

12 return in good order and condition of property loaned to

13 the committee under subsection (b)(3).

14 ‘‘(3) An inaugural committee referred to in sub15 section (a)(1) shall—

16 ‘‘(A) indemnify the United States for any loss

17 of, or damage to, property loaned to the committee

18 under subsection (b)(3); and

19 ‘‘(B) defray any expense incurred for the deliv20 ery, return, rehabilitation, replacement, or operation

21 of the property.’’.

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

23 at the beginning of subchapter II of chapter 152 of such

24 title is amended by striking out the item relating to section

25 2543 and inserting in lieu thereof the following:

‘‘2543. Equipment and services: Presidential inaugural committees.’’.
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1 SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORT2 ING EVENTS.

3 (a) LOCAL SUPPORT.—The Secretary of Defense may

4 authorize the commander of a military installation or

5 other facility of the Department of Defense or the com6 mander of a specified or unified combatant command to

7 provide assistance for the World Cup Soccer Games, the

8 Goodwill Games, the Olympics, and any other major civil9 ian sporting event in support of essential security and

10 safety at such event, but only in accordance with an agree11 ment entered into by the Secretary and one or more orga12 nizations sponsoring the event and only to the extent that

13 the essential security and safety needs cannot reasonably

14 be met by a source other than the Department of Defense.

15 (b) AGREEMENT.—(1) An agreement entered into

16 with an organization under this section shall provide for

17 the Department of Defense to be reimbursed for amounts

18 expended by the Department of Defense in providing sup19 port for the event, except that the agreement—

20 (A) may not require reimbursement to be made

21 by an organization before the sporting event covered

22 by the agreement is complete and all of the costs

23 under the organization’s other contractual obliga24 tions relating to the event have been paid; and
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1 (B) shall include a clause providing that the

2 amount of the reimbursement shall be the lesser

3 of—

4 (i) the amount, if any, of the organiza5 tion’s surplus funds remaining after payment of

6 all of the costs referred to in subparagraph (A);

7 or

8 (ii) the amount expended by the Depart9 ment in providing support for the event.

10 (2) The Secretary of Defense may include in the

11 agreement such additional terms and conditions as the

12 Secretary considers appropriate in the interests of the

13 Federal Government.

14 (3) Paragraph (1) does not apply to support for civil15 ian sporting events known as of the date of the enactment

16 of this Act as ‘‘Special Olympics’’ or ‘‘Paralympics’’.

17 (c) INAPPLICABILITY TO EVENTS ALREADY FUND18 ED.—This section does not apply with respect to a sport19 ing event for which funds have been appropriated before

20 the date of the enactment of this Act.

21 (d) SURPLUS FUNDS DEFINED.—For the purposes

22 of this section, the term ‘‘surplus funds’’, with respect to

23 an organization sponsoring a sporting event, means the

24 amount equal to the excess of—
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1 (1) the total amount of the funds received by

2 the organization for the event other than revenues

3 derived from any tax, over

4 (2) the total amount expended by the organiza5 tion for payment of all of the costs under the organi6 zation’s contractual obligations (other than an

7 agreement entered into with the Secretary of De8 fense under this section) that relate to the event.

9 SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FI10 NANCE AND ACCOUNTING SERVICE CENTER,

11 FORT BENJAMIN HARRISON, INDIANA.

12 (a) TRANSFER AUTHORITY.—Subject to subsection

13 (b), the Secretary of Defense may transfer funds available

14 to the Department of Defense for the Defense Finance

15 and Accounting Service for a fiscal year for operation and

16 maintenance to the Administrator of General Services for

17 paying the costs of planning, design, and renovation of

18 Building One, Fort Benjamin Harrison, Indiana, for use

19 as a Defense Finance and Accounting Service Center.

20 (b) AUTHORITY SUBJECT TO AUTHORIZATIONS AND

21 APPROPRIATIONS.—To the extent provided in appropria22 tions Acts—

23 (1) of funds appropriated for fiscal year 1997,

24 $9,000,000 may be transferred pursuant to sub25 section (a); and
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1 (2) of funds appropriated for fiscal years 1998,

2 1999, 2000, and 2001, funds may transferred pur3 suant to subsection (a) in such amounts as are au4 thorized to be transferred in an Act enacted after

5 the date of the enactment of this Act.

6 TITLE IV—MILITARY

7 PERSONNEL AUTHORIZATIONS

8 Subtitle A—Active Forces

9 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

10 The Armed Forces are authorized strengths for active

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

12 (1) The Army, 495,000, of which not more than

13 80,300 may be commissioned officers.

14 (2) The Navy, 407,318, of which not more than

15 56,165 may be commissioned officers.

16 (3) The Marine Corps, 174,000, of which not

17 more than 17,978 may be commissioned officers.

18 (4) The Air Force, 381,222, of which not more

19 than 74,445 may be commissioned officers.

20 SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMA21 NENT END STRENGTH LEVELS.

22 Section 691(d) of title 10, United States Code, is

23 amended by striking out ‘‘not more than 0.5 percent’’ and

24 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, 108,594.

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, 10,378.

17 (6) The Air Force Reserve, 655.

18 Subtitle C—Authorization of

19 Appropriations

20 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI21 TARY PERSONNEL.

22 There is hereby authorized to be appropriated to the

23 Department of Defense for military personnel for fiscal

24 year 1997 a total of $69,878,430,000. The authorization

25 in the preceding sentence supersedes any other authoriza-
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1 tion of appropriations (definite or indefinite) for such pur2 pose for fiscal year 1997.

3 TITLE V—MILITARY PERSONNEL

4 POLICY

5 Subtitle A—Officer Personnel

6 Policy

7 SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY

8 PROMOTIONS FOR CERTAIN NAVY LIEUTEN9 ANTS WITH CRITICAL SKILLS.

10 Section 5721(g) of title 10, United States Code, is

11 amended by striking out ‘‘September 30, 1996’’ and in12 serting in lieu thereof ‘‘September 30, 1997’’.

13 SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE RE14 QUIREMENT FOR APPOINTMENT IN THE

15 NAVAL RESERVE IN GRADES ABOVE O–2.

16 Section 12205(b)(3) of title 10, United States Code,

17 is amended by inserting ‘‘or the Seaman to Admiral pro18 gram’’ after ‘‘(NAVCAD) program’’.
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1 SEC. 503. TIME FOR AWARD OF DEGREES BY

2 UNACCREDITED EDUCATIONAL INSTITU3 TIONS FOR GRADUATES TO BE CONSIDERED

4 EDUCATIONALLY QUALIFIED FOR APPOINT5 MENT AS RESERVE OFFICERS IN GRADE O–3.

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

7 Code, is amended by striking out ‘‘three years’’ and insert8 ing in lieu thereof ‘‘eight years’’.

9 SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.

10 (a) REDUCTION OF MINIMUM TIME IN GRADE RE11 QUIRED FOR CONSIDERATION FOR PROMOTION.—Section

12 574(e) of title 10, United States Code, is amended by

13 striking out ‘‘three years of service’’ and inserting in lieu

14 thereof ‘‘two years of service’’.

15 (b) BELOW-ZONE SELECTION.—Section 575(b)(1) of

16 such title is amended by inserting ‘‘chief warrant officer,

17 W–3,’’ in the first sentence after ‘‘to consider warrant offi18 cers for selection for promotion to the grade of’’.

19 SEC. 505. FREQUENCY OF PERIODIC REPORT ON PRO20 MOTION RATES OF OFFICERS CURRENTLY OR

21 FORMERLY SERVING IN JOINT DUTY ASSIGN22 MENTS.

23 Section 662(b) of title 10, United States Code, is

24 amended by striking out ‘‘not less often than every six

25 months’’ in the parenthetical in the first sentence and in-
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1 serting in lieu thereof ‘‘not less often than every twelve

2 months’’.

3 Subtitle B—Matters Relating to

4 Reserve Components

5 SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STA6 TUS.

7 Section 101(d)(4) of title 10, United States Code, is

8 amended by striking out ‘‘a reserve commissioned officer,

9 other than a commissioned warrant officer,’’ and inserting

10 in lieu thereof the following: ‘‘a member of a reserve com11 ponent’’.

12 SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL

13 MANAGEMENT ACT PROVISIONS.

14 (a) SERVICE REQUIREMENT FOR RETIREMENT IN

15 HIGHEST GRADE HELD.—Section 1370(d) of title 10,

16 United States Code, is amended—

17 (1) by redesignating paragraph (3) as para18 graph (4);

19 (2) in paragraph (2)(A), by striking out ‘‘(A)’’;

20 (3) by redesignating paragraph (2)(B) as para21 graph (3); and

22 (4) in paragraph (3), as so redesignated—

23 (A) by designating the first sentence as

24 subparagraph (A);
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1 (B) by designating the second sentence as

2 subparagraph (B) and realigning such subpara3 graph, as so redesignated, flush to the left mar4 gin;

5 (C) in subparagraph (B), as so redesig6 nated, by striking out ‘‘the preceding sentence’’

7 and inserting in lieu thereof ‘‘subparagraph

8 (A)’’; and

9 (D) by adding at the end the following:

10 ‘‘(C) If a person covered by subparagraph (A) has

11 completed at least six months of satisfactory service in

12 grade, the person was serving in that grade while serving

13 in a position of adjutant general required under section

14 314 of title 32 or while serving in a position of assistant

15 adjutant general subordinate to such a position of adju16 tant general, and the person has failed to complete three

17 years of service in that grade solely because the person’s

18 appointment to such position has been terminated or va19 cated as described in section 324(b) of such title, then

20 such person may be credited with satisfactory service in

21 that grade, notwithstanding the failure to complete three

22 years of service in that grade.

23 ‘‘(D) To the extent authorized by the Secretary of

24 the military department concerned, a person who, after

25 having been recommended for promotion in a report of
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1 a promotion board but before being promoted to the rec2 ommended grade, served in a position for which that grade

3 is the minimum authorized grade may be credited for pur4 poses of subparagraph (A) as having served in that grade

5 for the period for which the person served in that position

6 while in the next lower grade. The period credited may

7 not include any period before the date on which the Senate

8 provides advice and consent for the appointment of that

9 person in the recommended grade.

10 ‘‘(E) To the extent authorized by the Secretary of

11 the military department concerned, a person who, after

12 having been extended temporary Federal recognition as a

13 reserve officer of the Army National Guard in a particular

14 grade under section 308 of title 32 or temporary Federal

15 recognition as a reserve officer of the Air National Guard

16 in a particular grade under such section, served in a posi17 tion for which that grade is the minimum authorized grade

18 may be credited for purposes of subparagraph (A) as hav19 ing served in that grade for the period for which the per20 son served in that position while extended the temporary

21 Federal recognition, but only if the person was subse22 quently extended permanent Federal recognition as a re23 serve officer in that grade and also served in that position

24 after being extended the permanent Federal recognition.’’.
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1 (b) EXCEPTION TO REQUIREMENT FOR RETENTION

2 OF RESERVE OFFICERS UNTIL COMPLETION OF RE3 QUIRED SERVICE.—Section 12645(b)(2) of such title is

4 amended by inserting ‘‘or a reserve active-status list’’ after

5 ‘‘active-duty list’’.

6 (c) TECHNICAL CORRECTION.—Section

7 14314(b)(2)(B) of such title is amended by striking out

8 ‘‘of the Air Force’’.

9 SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMI10 NATIONS OF MEMBERS OF NATIONAL GUARD

11 CALLED INTO FEDERAL SERVICE.

12 (a) REPEAL.—Section 12408 of title 10, United

13 States Code, is repealed.

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

15 at the beginning of chapter 1209 is amended by striking

16 out the item relating to section 12408.

17 SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO

18 WAIVE RETIREMENT SANCTUARY.

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

20 amended—

21 (1) by inserting ‘‘(a) LIMITATION.—’’ before

22 ‘‘Under regulations’’; and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(b) WAIVER.—(1) The Secretary concerned may au2 thorize a member described in paragraph (2) to waive the

3 applicability of the limitation under subsection (a) to the

4 member for the period of active duty described in that

5 paragraph. A member shall exercise any such waiver op6 tion, if at all, before the period of active duty begins.

7 ‘‘(2) The authority provided in paragraph (1) applies

8 to a member of a reserve component who is on active duty

9 (other than for training) pursuant to an order to active

10 duty under section 12301 of this title that specifies a pe11 riod of less than 180 days.’’.

12 SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY

13 OR DISEASE INCURRED OR AGGRAVATED

14 DURING OVERNIGHT STAY BETWEEN INAC15 TIVE DUTY TRAINING PERIODS.

16 Paragraph (2) of section 1204 of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘(2) the disability is a result of—

19 ‘‘(A) performing active duty or inactive20 duty training;

21 ‘‘(B) traveling directly to or from the place

22 at which such duty is performed; or

23 ‘‘(C) an injury, illness, or disease incurred

24 or aggravated while remaining overnight, be25 tween successive periods of inactive-duty train-
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1 ing, at or in the vicinity of the site of the inac2 tive duty training, if the site is outside reason3 able commuting distance of the member’s resi4 dence;’’.

5 SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE

6 HEALTH PROFESSIONS SCHOLARSHIP AND

7 FINANCIAL ASSISTANCE PROGRAM.

8 (a) CREDIT AUTHORIZED.—Section 2126 of title 10,

9 United States Code, is amended—

10 (1) by striking out ‘‘Service performed’’ and in11 serting in lieu thereof ‘‘(a) SERVICE NOT CRED12 ITABLE.—Except as provided in subsection (b), serv13 ice performed’’; and

14 (2) by adding at the end the following:

15 ‘‘(b) EXCEPTION.—(1) The Secretary concerned may

16 authorize service performed by a member of the program

17 in pursuit of a course of study under this subchapter to

18 be counted in accordance with this subsection if the mem19 ber—

20 ‘‘(A) completes the course of study;

21 ‘‘(B) completes the active duty obligation im22 posed under section 2123(a) of this title; and

23 ‘‘(C) possesses a specialty designated by the

24 Secretary concerned as critically needed in wartime.
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1 ‘‘(2) Service credited under paragraph (1) counts

2 only for the following purposes:

3 ‘‘(A) Award of retirement points for computa4 tion of years of service under section 12732 of this

5 title and for computation of retired pay under sec6 tion 12733 of this title.

7 ‘‘(B) Computation of years of service creditable

8 under section 205 of title 37.

9 ‘‘(3) For purposes of paragraph (2)(A), a member

10 may be credited in accordance with paragraph (1) with

11 not more than 50 points for each year of participation in

12 a course of study that the member satisfactorily completes

13 as a member of the program.

14 ‘‘(4) Service may not be counted under paragraph (1)

15 for more than four years of participation in a course of

16 study as a member of the program.

17 ‘‘(5) A member who is dropped from the program

18 under section 2123(c) of this title may not receive any

19 credit under paragraph (1) for participation in a course

20 of study as a member of the program. Any credit awarded

21 for participation in the program before the member is

22 dropped shall be rescinded.

23 ‘‘(6) A member is not entitled to any retroactive

24 award of, or increase in, pay or allowances under title 37
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1 by reason of an award of service credit under paragraph

2 (1).’’.

3 (b) AWARD OF RETIREMENT POINTS.—(1) Section

4 12732(a)(2) of such title is amended—

5 (A) by inserting after clause (C) the following:

6 ‘‘(D) Points credited for the year under

7 section 2126(b) of this title.’’; and

8 (B) in the matter following clause (D), as in9 serted by paragraph (1), by striking out ‘‘and (C)‘‘

10 and inserting in lieu thereof ‘‘(C), and (D)’’.

11 (2) Section 12733(3) of such title is amended by

12 striking out ‘‘or (C)’’ and inserting in lieu thereof ‘‘(C),

13 or (D)’’.

14 SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUC15 TURE.

16 (a) REPORT.—Not later than March 1, 1997, the

17 Secretary of Defense shall submit to Congress a report

18 on the current force structure and the projected force

19 structure of the National Guard and the other reserve

20 components.

21 (b) REPORT ELEMENTS.—The report required by

22 subsection (a) shall address the following:

23 (1) The role of specific guard and reserve units

24 in the current force structure of the guard and re25 serves.
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1 (2) The projected role of specific guard units

2 and reserve units in a major regional contingency.

3 (3) Whether or not the current force structure

4 of the guard and reserves is excess to the combat

5 readiness requirements of the Armed Forces and, if

6 so, to what extent.

7 (4) The effect of decisions relating to the force

8 structure of the guard and reserves on combat readi9 ness within the tiered structure of combat readiness

10 applied to the Armed Forces.

11 Subtitle C—Officer Education

12 Programs

13 SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A

14 CADET OR MIDSHIPMAN IN THE SENIOR RE15 SERVE OFFICERS’ TRAINING CORPS AND THE

16 SERVICE ACADEMIES.

17 (a) SENIOR RESERVE OFFICERS’ TRAINING

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

19 is amended by striking out ‘‘25 years of age’’ and inserting

20 in lieu thereof ‘‘27 years of age’’.

21 (b) UNITED STATES MILITARY ACADEMY.—Section

22 4346(a) of title 10, United States Code, is amended by

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

24 lieu thereof ‘‘twenty-third birthday’’.
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1 (c) UNITED STATES NAVAL ACADEMY.—Section

2 6958(a)(1) of title 10, United States Code, is amended

3 by striking out ‘‘twenty-second birthday’’ and inserting in

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

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

6 9346(a) of title 10, United States Code, is amended by

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

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

9 SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION

10 AND SUPPORT OF ARMY ROTC UNITS BY

11 MEMBERS OF THE ARMY RESERVE AND NA12 TIONAL GUARD.

13 (a) IN GENERAL.—The Secretary of the Army shall

14 carry out a demonstration project in order to assess the

15 feasibility and advisability of providing instruction and

16 similar support to units of the Reserve Officers Training

17 Corps of the Army through members of the Army Reserve

18 (including members of the Individual Ready Reserve) and

19 members of the Army National Guard.

20 (b) PROJECT REQUIREMENTS.—(1) The Secretary

21 shall carry out the demonstration project at least one in22 stitution.

23 (2) In order to enhance the value of the project, the

24 Secretary may take actions to ensure that members of the

25 Army Reserve and the Army National Guard provide in-
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1 struction and support under the project in a variety of

2 innovative ways.

3 (c) INAPPLICABILITY OF LIMITATION ON RESERVES

4 IN SUPPORT OF ROTC.—The assignment of a member of

5 the Army Reserve or the Army National Guard to provide

6 instruction or support under the demonstration project

7 shall not be treated as an assignment of the member to

8 duty with a unit of a Reserve Officer Training Corps pro9 gram for purposes of section 12321 of title 10, United

10 States Code.

11 (d) REPORTS.—Not later than February 1 in each

12 of 1998, 1999, 2000, and 2001, the Secretary shall submit

13 to Congress a report assessing the activities under the

14 project during the preceding year. The report submitted

15 in 2000 shall include the Secretary’s recommendation as

16 to the advisability of continuing or expanding the author17 ity for the project.

18 (e) TERMINATION.—The authority of the Secretary

19 to carry out the demonstration project shall expire four

20 years after the date of the enactment of this Act.
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1 Subtitle D—Other Matters

2 SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED

3 FOR PROMOTION WHEN A PHYSICAL DISABIL4 ITY IS FOUND AT ANY PHYSICAL EXAMINA5 TION.

6 Section 1372(3) of title 10, United States Code, is

7 amended by striking out ‘‘his physical examination for

8 promotion’’ and inserting in lieu thereof ‘‘a physical exam9 ination’’.

10 SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS

11 TO ACTIVE DUTY.

12 (a) NUMBER ON ACTIVE DUTY CONCURRENTLY.—

13 Subsection (c) of section 688 of title 10, United States

14 Code, is amended—

15 (1) by striking out ‘‘(c) Except in time of war,

16 or of national emergency declared by Congress or

17 the President after November 30, 1980, not’’ and

18 inserting in lieu thereof ‘‘(c)(1) Not’’; and

19 (2) by adding at the end the following:

20 ‘‘(2) Not more than 25 officers of any one armed

21 force may be serving on active duty concurrently pursuant

22 to orders to active duty issued under this section.’’.

23 (b) OFFICERS RETIRED ON SELECTIVE EARLY RE24 TIREMENT BASIS.—Such section is amended by adding at

25 the end the following:
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1 ‘‘(e) The following officers may not be ordered to ac2 tive duty under this section:

3 ‘‘(1) An officer who retired under section 638

4 of this title.

5 ‘‘(2) An officer who—

6 ‘‘(A) after having been notified that the of7 ficer was to be considered for early retirement

8 under section 638 of this title by a board con9 vened under section 611(b) of this title and be10 fore being considered by that board, requested

11 retirement under section 3911, 6323, or 8911

12 of this title; and

13 ‘‘(B) was retired pursuant to that re14 quest.’’.

15 (c) LIMITATION OF PERIOD OF RECALL SERVICE.—

16 Such section, as amended by subsection (b), is further

17 amended by adding at the end the following:

18 ‘‘(f)(1) A member ordered to active duty under sub19 section (a) may not serve on active duty pursuant to or20 ders under such subsection for more than 12 months with21 in the 24 months following the first day of the active duty

22 to which ordered under this section.

23 ‘‘(2) Paragraph (1) does not apply to the following:
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1 ‘‘(A) A chaplain who is assigned to duty as a

2 chaplain for the period of active duty to which or3 dered.

4 ‘‘(B) A health care professional (as character5 ized by the Secretary concerned) who is assigned to

6 duty as a health care professional for the period of

7 the active duty to which ordered.

8 ‘‘(C) Any officer assigned to duty with the

9 American Battle Monuments Commission for the pe10 riod of active duty to which ordered.’’.

11 (d) WAIVER FOR PERIODS OF WAR OR NATIONAL

12 EMERGENCY.—Such section, as amended by subsection

13 (c), is further amended by adding at the end the following:

14 ‘‘(g)(1) Subsection (c)(1) does not apply in time of

15 war or of national emergency declared by Congress or the

16 President after November 30, 1980.

17 ‘‘(2) Subsections (c)(2), (e), and (f) do not apply in

18 time of war or of national emergency declared by Congress

19 or the President.’’.

20 SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED

21 EXCESS LEAVE FOR EDUCATIONAL PUR22 POSES.

23 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

24 of title 10, United States Code, is amended—
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1 (1) by inserting ‘‘(a) RETIREMENT.—’’ before

2 ‘‘Upon a determination’’;

3 (2) by striking out ‘‘a member of a regular

4 component of the armed forces entitled to basic pay,

5 or any other member of the armed forces entitled to

6 basic pay who has been called or ordered to active

7 duty (other than for training under section 10148(a)

8 of this title) for a period of more than 30 days,’’ and

9 inserting in lieu thereof ‘‘a member described in sub10 section (b)’’;

11 (3) by inserting after ‘‘incurred while entitled to

12 basic pay’’ the following: ‘‘or incurred while absent

13 as described in section 502(b) of title 37 to partici14 pate in an educational program (even though not en15 titled to basic pay by operation of such section)’’;

16 and

17 (4) by adding at the end the following:

18 ‘‘(b) ELIGIBLE MEMBERS.—This section applies to

19 the following members:

20 ‘‘(1) A member of a regular component of the

21 armed forces entitled to basic pay.

22 ‘‘(2) Any other member of the armed forces en23 titled to basic pay who has been called or ordered to

24 active duty (other than for training under section
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1 10148(a) of this title) for a period of more than 30

2 days.

3 ‘‘(3) A member of a regular component of the

4 armed forces who is on active duty but is absent as

5 described in section 502(b) of title 37 to participate

6 in an educational program.’’.

7 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

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

9 United States Code, is amended—

10 (1) by inserting ‘‘(a) TEMPORARY RETIRE11 MENT.—’’ before ‘‘Upon a determination’’; and

12 (2) by striking out ‘‘a member of a regular

13 component of the armed forces entitled to basic pay,

14 or any other member of the armed forces entitled to

15 basic pay who has been called or ordered to active

16 duty (other than for training under section 10148(a)

17 of this title) for a period of more than 30 days,’’ and

18 inserting in lieu thereof ‘‘a member described in sec19 tion 1201(b) of this title’’.

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

21 title 10, United States Code, is amended—

22 (1) by inserting ‘‘(a) SEPARATION.—’’ before

23 ‘‘Upon a determination’’;

24 (2) by striking out ‘‘a member of a regular

25 component of the armed forces entitled to basic pay,
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1 or any other member of the armed forces entitled to

2 basic pay who has been called or ordered to active

3 duty (other than for training under section 10148(a)

4 of this title) for a period of more than 30 days,’’ and

5 inserting in lieu thereof ‘‘a member described in sec6 tion 1201(b) of this title’’; and

7 (3) by inserting after ‘‘incurred while entitled to

8 basic pay’’ the following: ‘‘or incurred while absent

9 as described in section 502(b) of title 37 to partici10 pate in an educational program (even though not en11 titled to basic pay by operation of such section)’’.

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

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

14 of this Act and shall apply with respect to physical disabil15 ities incurred on or after such date.

16 SEC. 534. UNIFORM POLICY REGARDING RETENTION OF

17 MEMBERS WHO ARE PERMANENTLY NON18 WORLDWIDE ASSIGNABLE.

19 (a) POLICY REQUIRED.—Chapter 59 of title 10,

20 United States Code, is amended by inserting after section

21 1176 the following:
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1 ‘‘§ 1177. Uniform policy regarding retention of mem2 bers who are permanently nonworldwide

3 assignable

4 ‘‘The Secretary of Defense shall prescribe regulations

5 setting forth uniform policies and procedures regarding re6 tention of members of the Army, Navy, Air Force, and

7 Marine Corps who are permanently nonworldwide assign8 able for medical reasons.’’.

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

10 at the beginning of such chapter is amended by inserting

11 after the item relating to section 1176 the following:

‘‘1177. Uniform policy regarding retention of members who are permanently

nonworldwide assignable.’’.

12 SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLIST13 MENT IN REGULAR COMPONENT UNDER THE

14 DELAYED ENTRY PROGRAM.

15 (a) AUTHORITY.—Section 513(b) of title 10, United

16 States Code, is amended by inserting after the first sen17 tence the following: ‘‘The Secretary concerned may extend

18 the 365-day period for a person for up to 180 additional

19 days if the Secretary determines that it is in the best in20 terests of the armed force under the Secretary’s jurisdic21 tion to do so.’’.

22 (b) TECHNICAL AMENDMENTS.—Section 513(b) of

23 such title, as amended by subsection (a), is further amend24 ed—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

2 (2) by designating the third sentence as para3 graph (2) and realigning such paragraph, as so des4 ignated, flush to the left margin; and

5 (3) in paragraph (2), as so designated, by strik6 ing out ‘‘the preceding sentence’’ and inserting in

7 lieu thereof ‘‘paragraph (1)’’.

8 SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEM9 BERS WITH AT LEAST 10 YEARS OF SERVICE.

10 Subsection (d) of section 505 of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘(d)(1) The Secretary concerned may accept a reen13 listment in the Regular Army, Regular Navy, Regular Air

14 Force, Regular Marine Corps, or Regular Coast Guard,

15 as the case may be, for a period determined under this

16 subsection.

17 ‘‘(2) In the case of a member who has less than 10

18 years of service in the armed forces as of the day before

19 the first day of the period for which reenlisted, the period

20 for which the member reenlists shall be at least two years

21 but not more than six years.

22 ‘‘(3) In the case of a member who has at least 10

23 years of service in the armed forces as of the day before

24 the first day of the period for which reenlisted, the Sec25 retary concerned may accept a reenlistment for either—
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1 ‘‘(A) a specified period of at least two

2 years but not more than six years; or

3 ‘‘(B) an unspecified period.

4 ‘‘(4) No enlisted member is entitled to be reenlisted

5 for a period that would expire before the end of the mem6 ber’s current enlistment.’’.

7 SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.

8 (a) REPEAL OF APPLICABILITY OF AUTHORITIES TO

9 DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES AND

10 CONTRACTOR EMPLOYEES.—(1) Section 1501 of title 10,

11 United States Code, is amended—

12 (A) by striking out subsection (c) and inserting

13 in lieu thereof the following new subsection (c):

14 ‘‘(c) COVERED PERSONS.—Section 1502 of this title

15 applies in the case of any member of the armed forces

16 on active duty who becomes involuntarily absent as a re17 sult of a hostile action, or under circumstances suggesting

18 that the involuntary absence is a result of a hostile action,

19 and whose status is undetermined or who is unaccounted

20 for.’’; and

21 (B) by striking out subsection (f).

22 (2) Section 1503(c) of such title is amended—

23 (A) in paragraph (1), by striking out ‘‘one indi24 vidual described in paragraph (2)’’ and inserting in

25 lieu thereof ‘‘one military officer’’;
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1 (B) by striking out paragraph (2); and

2 (C) by redesignating paragraphs (3) and (4) as

3 paragraphs (2) and (3), respectively.

4 (3) Section 1504(d) of such title is amended—

5 (A) by striking out the text of paragraph (1)

6 and inserting in lieu thereof the following new text:

7 ‘‘A board under this section shall be composed of at

8 least three members who are officers having the

9 grade of major or lieutenant commander or above.’’;

10 and

11 (B) in paragraph (4), by striking out ‘‘section

12 1503(c)(4)’’ and inserting in lieu thereof ‘‘section

13 1503(c)(3)’’.

14 (4) Paragraph (1) of section 1513 of such title is

15 amended to read as follows:

16 ‘‘(1) The term ‘missing person’ means a mem17 ber of the armed forces on active duty who is in a

18 missing status.’’.

19 (b) REPORT ON PRELIMINARY ASSESSMENT OF STA20 TUS.—(1) Section 1502 of title 10, United States Code,

21 is amended—

22 (A) in subsection (a)(2)—

23 (i) by striking out ‘‘48 hours’’ and insert24 ing in lieu thereof ‘‘10 days’’; and
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1 (ii) by striking out ‘‘theater component

2 commander with jurisdiction over the missing

3 person’’ and inserting in lieu thereof ‘‘Secretary

4 concerned’’;

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

6 (C) by redesignating subsection (c) as sub7 section (b); and

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

9 striking out the second sentence.

10 (2) Section 1503(a) of such title is amended by strik11 ing out ‘‘section 1502(b)’’ and inserting in lieu thereof

12 ‘‘section 1502(a)’’.

13 (3) Section 1513 of such title is amended by striking

14 out paragraph (8).

15 (c) REPEAL OF REQUIREMENTS FOR COUNSELS FOR

16 MISSING PERSONS.—(1) Section 1503 of title 10, United

17 States Code, is amended—

18 (A) by striking out subsection (f); and

19 (B) by redesignating subsections (g) through

20 (k) as subsections (f) through (j), respectively.

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

22 (A) by striking out subsection (f); and

23 (B) by redesignating subsections (g) through

24 (m) as subsections (f) through (l), respectively.

25 (3) Such section 1503 is further amended—
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1 (A) in subsection (g)(3), as redesignated by

2 paragraph (1)(B) of this subsection, by striking out

3 ‘‘subsection (j)’’ and inserting in lieu thereof ‘‘sub4 section (i)’’;

5 (B) in subsection (h)(1), as so redesignated, by

6 striking out ‘‘subsection (h)’’ and inserting in lieu

7 thereof ‘‘subsection (g)’’;

8 (C) in subsection (i), as so redesignated—

9 (i) by striking out ‘‘subsection (i)’’ in the

10 matter preceding paragraph (1) and inserting

11 in lieu thereof ‘‘subsection (h)’’; and

12 (ii) in paragraph (1)(B), by striking out

13 ‘‘subsection (h)’’ and inserting in lieu thereof

14 ‘‘subsection (g)’’; and

15 (D) in subsection (j), as so redesignated, by

16 striking out ‘‘subsection (i)’’ and inserting in lieu

17 thereof ‘‘subsection (h)’’.

18 (4) Such section 1504 of such title is amended—

19 (A) in subsection (a), by striking out ‘‘section

20 1503(i)’’ and inserting in lieu thereof ‘‘section

21 1503(h)’’;

22 (B) in subsection (e)(1), by striking out ‘‘sec23 tion 1503(h)’’ and inserting in lieu thereof ‘‘section

24 1503(g)’’;
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1 (C) in subsection (f), as redesignated by para2 graph (2)(B) of this subsection, by striking out

3 ‘‘subsection (i)’’ each place it appears in paragraphs

4 (4)(D) and (5)(B) and inserting in lieu thereof ‘‘sub5 section (h)’’;

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

7 by striking out ‘‘and the counsel for the missing per8 son appointed under subsection (f)’’;

9 (E) in subsection (j), as so redesignated—

10 (i) in paragraph (1)—

11 (I) by striking out ‘‘subsection (j)’’ in

12 the matter preceding subparagraph (A)

13 and inserting in lieu thereof ‘‘subsection

14 (i)’’;

15 (II) by inserting ‘‘and’’ at the end of

16 subparagraph (A);

17 (III) by striking out subparagraph

18 (B); and

19 (IV) by redesignating subparagraph

20 (C) as subparagraph (B) and in that sub21 paragraph, as so redesignated, by striking

22 out ‘‘subsection (g)(5)’’ and inserting in

23 lieu thereof ‘‘subsection (f)(5)’’; and
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1 (ii) in paragraph (2), by striking out ‘‘sub2 paragraph (C)’’ and inserting in lieu thereof

3 ‘‘subparagraph (B)’’;

4 (F) in subsection (k), as redesignated by para5 graph (2)(B) of this subsection, by striking out

6 ‘‘subsection (k)’’ in the matter preceding paragraph

7 (1) and inserting in lieu thereof ‘‘subsection (j)’’;

8 and

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

10 striking out ‘‘subsection (k)’’ and inserting in lieu

11 thereof ‘‘subsection (l)’’.

12 (5) Section 1505(c) of such title is amended—

13 (A) in paragraph (2), by striking out ‘‘(A) the

14 designated missing person’s counsel for that person,

15 and (B)’’; and

16 (B) in paragraph (3), by striking out ‘‘, with

17 the advice’’ and all that follows through ‘‘paragraph

18 (2),’’.

19 (6) Section 1509(a) of such title is amended by strik20 ing out ‘‘section 1504(g)’’ and inserting in lieu thereof

21 ‘‘section 1504(f)’’.

22 (d) FREQUENCY OF SUBSEQUENT REVIEWS.—Sub23 section (b) of section 1505 of title 10, United States Code,

24 is amended to read as follows:
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1 ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The

2 Secretary concerned shall conduct inquiries into the

3 whereabouts and status of a person under subsection (a)

4 upon receipt of information that may result in a change

5 of status of the person. The Secretary concerned shall ap6 point a board to conduct such inquiries.’’.

7 (e) REPEAL OF STATUTORY PENALTIES FOR WRONG8 FUL WITHHOLDING OF INFORMATION.—Section 1506 of

9 title 10, United States Code, is amended—

10 (1) by striking out subsection (e); and

11 (2) by redesignating subsection (f) as sub12 section (e).

13 (f) INFORMATION TO ACCOMPANY RECOMMENDA14 TION OF STATUS OF DEATH.—Section 1507(b) of title 10,

15 United States Code, is amended by striking out para16 graphs (3) and (4).

17 (g) REPEAL OF RIGHT OF JUDICIAL REVIEW.—Sec18 tion 1508 of title 10, United States Code, is repealed.

19 (h) SCOPE OF PREENACTMENT REVIEW.—(1) Sec20 tion 1509 of title 10, United States Code, is amended—

21 (A) in subsection (b)—

22 (i) by striking out paragraph (1); and

23 (ii) by redesignating paragraphs (2) and

24 (3) as paragraphs (1) and (2), respectively;

25 (B) by striking out subsection (c);
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1 (C) by redesignating subsection (d) as sub2 section (c); and

3 (D) in subsection (c), as so redesignated—

4 (i) by striking out paragraph (1); and

5 (ii) by redesignating paragraphs (2) and

6 (3) as paragraphs (1) and (2), respectively.

7 (2) The section heading of such section is amended

8 by striking out ‘‘, special interest cases’’.

9 (i) CLERICAL AMENDMENTS.—The table of sections

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

11 Code, is amended—

12 (1) in the item relating to section 1509, by

13 striking out ‘‘, special interest cases’’; and

14 (2) by striking out the item relating to section

15 1509.

16 SEC. 538. INAPPLICABILITY OF SOLDIERS’ AND SAILORS’

17 CIVIL RELIEF ACT OF 1940 TO THE PERIOD

18 OF LIMITATIONS FOR FILING CLAIMS FOR

19 CORRECTIONS OF MILITARY RECORDS.

20 (a) EXTENSION OF PERIOD.—Section 1552(b) of title

21 10, United States Code, is amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) Notwithstanding the provisions of section 205

25 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50
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1 U.S.C. App. 525), and any other provision of law, the

2 three-year period for filing a request for correction of

3 records is not extended by reason of military service. How4 ever, in determining under paragraph (1) whether it is in

5 the interest of justice to excuse a failure timely to file a

6 request for correction, the board shall consider the claim7 ant’s military service and its effect on the claimant’s abil8 ity to file a claim.’’.

9 (b) EFFECTIVE DATE.—Paragraph (2) of section

10 1552(b) of such title, as added by subsection (a), shall

11 take effect three years after the date of the enactment of

12 this Act.

13 SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMER14 ICAN SOLDIERS WHO SERVED IN WORLD WAR

15 II.

16 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not17 withstanding the time limitations in section 3744(b) of

18 title 10, United States Code, or any other time limitation,

19 the President may award the Medal of Honor to each per20 son identified in subsection (b), each such person having

21 distinguished himself conspicuously by gallantry and intre22 pidity at the risk of his life above and beyond the call of

23 duty while serving in the United States Army during

24 World War II.
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1 (b) APPLICABILITY.—The authority in this section

2 applies with respect to the following persons:

3 (1) Vernon J. Baker, who served as a first lieu4 tenant in the 370th Infantry Regiment, 92nd Infan5 try Division.

6 (2) Edward A. Carter, who served as a staff

7 sergeant in the 56th Armored Infantry Battalion,

8 12th Armored Division.

9 (3) John R. Fox, who served as a first lieuten10 ant in the 366th Infantry Regiment, 92nd Infantry

11 Division.

12 (4) Willy F. James, Jr., who served as a private

13 first class in the 413th Infantry Regiment, 104th

14 Infantry Division.

15 (5) Ruben Rivers, who served as a staff ser16 geant in the 761st Tank Battalion.

17 (6) Charles L. Thomas, who served as a first

18 lieutenant in the 614th Tank Destroyer Battalion.

19 (7) George Watson, who served as a private in

20 the 29th Quartermaster Regiment.

21 (c) POSTHUMOUS AWARD.—The Medal of Honor may

22 be awarded under this section posthumously, as provided

23 in section 3752 of title 10, United States Code.
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1 (d) PRIOR AWARD.—The Medal of Honor may be

2 awarded under this section for service for which a Distin3 guished-Service Cross, or other award, has been awarded.

4 Subtitle E—Commissioned Corps of

5 the Public Health Service

6 SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF

7 PROHIBITION ON CREDITING CADET OR MID8 SHIPMEN SERVICE AT THE SERVICE ACAD9 EMIES.

10 Section 971(b) of title 10, United States Code, is

11 amended—

12 (1) in subsection (a), by inserting before the pe13 riod at the end the following: ‘‘or an officer in the

14 Commissioned Corps of the Public Health Service’’;

15 and

16 (2) in subsection (b)—

17 (A) by striking out ‘‘and’’ at the end of

18 paragraph (2);

19 (B) by striking out the period at the end

20 of paragraph (3) and inserting in lieu thereof ‘‘;

21 and’’; and

22 (C) by adding at the end the following new

23 paragraph:

24 ‘‘(4) no officer in the Commissioned Corps of

25 the Public Health Service may be credited with serv-
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1 ice as a midshipman at the United States Naval

2 Academy or as a cadet at the United States Military

3 Academy, United States Air Force Academy, or

4 United States Coast Guard Academy.’’.

5 SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC

6 HEALTH SERVICE OFFICERS ASSIGNED TO

7 THE DEPARTMENT OF DEFENSE.

8 Section 206 of the Public Health Service Act (42

9 U.S.C. 207 et seq.) is amended by adding at the end there10 of the following new subsection:

11 ‘‘(f) EXCEPTION TO GRADE LIMITATIONS FOR OFFI12 CERS ASSIGNED TO DEPARTMENT OF DEFENSE.—In

13 computing the maximum number of commissioned officers

14 of the Public Health Service authorized by law to hold a

15 grade which corresponds to the grade of captain, major,

16 lieutenant colonel, or colonel, there may be excluded from

17 such computation officers who hold such a grade while the

18 officers are assigned to duty in the Department of De19 fense.’’.
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1 Subtitle F—Defense Economic Ad2 justment, Diversification, Con3 version, and Stabilization

4 SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT

5 PLACEMENT PROGRAM TO INCLUDE FIRE6 FIGHTERS.

7 Section 1152(g) of title 10, United States Code, is

8 amended—

9 (1) by striking out ‘‘(g) CONDITIONAL EXPAN10 SION OF PLACEMENT TO INCLUDE FIRE11 FIGHTERS.—(1) Subject to paragraph (2), the’’ and

12 inserting in lieu thereof ‘‘(g) AUTHORITY TO EX13 PAND PLACEMENT TO INCLUDE FIREFIGHTERS.—

14 The’’; and

15 (2) in paragraph (2), by striking out the first

16 sentence.

17 SEC. 572. TROOPS-TO-TEACHERS PROGRAM IMPROVE18 MENTS.

19 (a) SEPARATED MEMBERS OF THE ARMED

20 FORCES.—(1) Subsection (a) of section 1151 of title 10,

21 United States Code, is amended by striking out ‘‘may es22 tablish’’ and inserting in lieu thereof ‘‘shall establish’’.

23 (2) Such section is further amended—
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1 (A) in subsection (f)(2), by striking out ‘‘five

2 school years’’ in subparagraphs (A) and (B) and in3 serting in lieu thereof ‘‘two school years’’; and

4 (B) in subsection (h)(3)(A), by striking out

5 ‘‘five consecutive school years’’ and inserting in lieu

6 thereof ‘‘two consecutive school years’’.

7 (3) Subsection (g)(2) of such section is amended—

8 (A) by striking out the comma after ‘‘section

9 1174a of this title’’ and inserting in lieu thereof

10 ‘‘or’’; and

11 (B) by striking out ‘‘, or retires pursuant to the

12 authority provided in section 4403 of the National

13 Defense Authorization Act for fiscal year 1993

14 (Public Law 102–484; 10 U.S.C. 1293 note)’’.

15 (4) Subsection (h)(3)(B) of such section is amend16 ed—

17 (A) in clause (i), by striking out ‘‘$25,000’’ and

18 inserting in lieu thereof ‘‘$17,000’’;

19 (B) in clause (ii)—

20 (i) by striking out ‘‘40 percent’’ and insert21 ing in lieu thereof ‘‘25 percent’’; and

22 (ii) by striking out ‘‘$10,000’’ and insert23 ing in lieu thereof ‘‘$8,000’’; and

24 (C) by striking out clauses (iii), (iv), and (v).
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1 (b) SAVINGS PROVISION.—The amendments made by

2 this section do not effect obligations under agreements en3 tered into in accordance with section 1151 of title 10,

4 United States Code, before the date of the enactment of

5 this Act.

6 Subtitle G—Armed Forces

7 Retirement Home

8 SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT

9 HOME ACT OF 1991.

10 Except as otherwise expressly provided, whenever in

11 this subtitle an amendment or repeal is expressed in terms

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a

14 section or other provision of the Armed Forces Retirement

15 Home Act of 1991 (title XV of Public Law 101–510; 24

16 U.S.C. 401 et seq.).

17 SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.

18 (a) AUTHORITY.—Part A is amended by adding at

19 the end the following:

20 ‘‘SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPEN21 SATED SERVICES.

22 ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject to

23 subsection (b) and notwithstanding section 1342 of title

24 31, United States Code, the Chairman of the Retirement

25 Home Board or the Director of each establishment of the
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1 Retirement Home may accept from any person voluntary

2 personal services or gratuitous services unless the accept3 ance of the voluntary services is disapproved by the Retire4 ment Home Board.

5 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The

6 Chairman of the Retirement Home Board or the Director

7 of the establishment accepting the services shall notify the

8 person of the scope of the services accepted.

9 ‘‘(2) The Chairman or Director shall—

10 ‘‘(A) supervise the person providing the services

11 to the same extent as that official would supervise

12 a compensated employee providing similar services;

13 and

14 ‘‘(B) ensure that the person is licensed, privi15 leged, has appropriate credentials, or is otherwise

16 qualified under applicable laws or regulations to pro17 vide such services.

18 ‘‘(3) A person providing services accepted under sub19 section (a) may not—

20 ‘‘(A) serve in a policymaking position of the Re21 tirement Home; or

22 ‘‘(B) be compensated for the services by the Re23 tirement Home.

24 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS

25 PROVIDING SERVICES.—The Chairman of the Retirement
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1 Home Board or the Director of an establishment of the

2 Retirement Home may recruit and train persons to pro3 vide services authorized to be accepted under subsection

4 (a).

5 ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—

6 (1) Subject to paragraph (3), while providing services ac7 cepted under subsection (a) or receiving training under

8 subsection (c), a person shall be considered to be an em9 ployee of the Federal Government only for purposes of the

10 following provisions of law:

11 ‘‘(A) Subchapter I of chapter 81 of title 5,

12 United States Code (relating to compensation for

13 work-related injuries).

14 ‘‘(B) Chapter 171 of title 28, United States

15 Code (relating to claims for damages or loss).

16 ‘‘(2) A person providing services accepted under sub17 section (a) shall be considered to be an employee of the

18 Federal Government under paragraph (1) only with re19 spect to services that are within the scope of the services

20 accepted.

21 ‘‘(3) For purposes of determining the compensation

22 for work-related injuries payable under chapter 81 of title

23 5, United States Code (pursuant to this subsection) to a

24 person providing services accepted under subsection (a),
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1 the monthly pay of the person for such services shall be

2 deemed to be the amount determined by multiplying—

3 ‘‘(A) the average monthly number of hours that

4 the person provided the services, by

5 ‘‘(B) the minimum wage determined in accord6 ance with section 6(a)(1) of the Fair Labor Stand7 ards Act of 1938 (29 U.S.C. 206(a)(1)).

8 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

9 The Chairman of the Retirement Board or the Director

10 of the establishment accepting services under subsection

11 (a) may provide for reimbursement of a person for inciden12 tal expenses incurred by the person in providing the serv13 ices accepted under subsection (a). The Chairman or Di14 rector shall determine which expenses qualify for reim15 bursement under this subsection.’’.

16 (b) FEDERAL STATUS OF RESIDENTS PAID FOR

17 PART-TIME OR INTERMITTENT SERVICES.—Paragraph

18 (2) of section 1521(b) (24 U.S.C. 421(b)) is amended to

19 read as follows:

20 ‘‘(2) being an employee of the United States for

21 any purpose other than—

22 ‘‘(A) subchapter I of chapter 81 of title 5,

23 United States Code (relating to compensation

24 for work-related injuries); and
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1 ‘‘(B) chapter 171 of title 28, United States

2 Code (relating to claims for damages or loss).’’.

3 SEC. 583. DISPOSAL OF REAL PROPERTY.

4 (a) DISPOSAL AUTHORIZED.—Notwithstanding title

5 II the Federal Property and Administrative Services Act

6 of 1949 (40 U.S.C. 481 et seq.), title VIII of such Act

7 (40 U.S.C. 531 et seq.), section 501 of the Stewart B.

8 McKinney Homeless Assistance Act (42 U.S.C. 11411),

9 or any other provision of law relating to the management

10 and disposal of real property by the United States, but

11 subject to subsection (d), the Retirement Home Board

12 may, by sale or otherwise, convey all right, title, and inter13 est of the United States in a parcel of real property, in14 cluding improvements thereof, consisting of approximately

15 49 acres located in Washington, District of Columbia, east

16 of North Capitol Street, and recorded as District Parcel

17 121/19.

18 (b) MANNER, TERMS, AND CONDITIONS OF DIS19 POSAL.—The Retirement Home may determine—

20 (1) the manner for the disposal of the real

21 property under subsection (a); and

22 (2) the terms and conditions for the conveyance

23 of that property, including any terms and conditions

24 that the Board considers necessary to protect the in25 terests of the United States.
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1 (c) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey satis4 factory to the Board. The cost of the survey shall be borne

5 by the party or parties to which the property is to be con6 veyed.

7 (d) CONGRESSIONAL NOTIFICATION.—(1) Before dis8 posing of real property under subsection (a), the Board

9 shall notify the Committee on Armed Services of the Sen10 ate and the Committee on National Security of the House

11 of Representatives of the proposed disposal. The Board

12 may not dispose of the real property until the later of—

13 (A) the date that is 60 days after the date on

14 which the notification is received by the committees;

15 or

16 (B) the date of the next day following the expi17 ration of the first period of 30 days of continuous

18 session of Congress that follows the date on which

19 the notification is received by the committees.

20 (2) For the purposes of paragraph (1)—

21 (A) continuity of session is broken only by an

22 adjournment of Congress sine die; and

23 (B) the days on which either House is not in

24 session because of an adjournment of more than

25 three days to a day certain are excluded in the com-
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1 putation of any period of time in which Congress is

2 in continuous session.

3 SEC. 584. MATTERS CONCERNING PERSONNEL.

4 (a) TERMS OF APPOINTMENT TO GOVERNING

5 BOARDS.—Section 1515(e) (24 U.S.C. 415(e)) is amend6 ed—

7 (1) in paragraph (1), by striking out ‘‘sub8 section (f)’’ and inserting in lieu thereof ‘‘paragraph

9 (2)’’;

10 (2) by redesignating paragraph (2) as para11 graph (4); and

12 (3) by adding after paragraph (1) the following

13 new paragraphs:

14 ‘‘(2)(A) In the case of a member of a board who is

15 appointed or designated under subsection (b) or (c) on the

16 basis of a particular status described in a paragraph under

17 that subsection, the appointment or designation of that

18 member terminates on the date on which the member

19 ceases to hold that status. The preceding sentence applies

20 only to members of the Armed Forces on active duty and

21 employees of the United States.

22 ‘‘(B) Paragraph (1) does not apply with respect to

23 an appointment or designation of a member of a board

24 for a term of less than five years that is made in accord25 ance with subsection (f).
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1 ‘‘(3) A member of the Retirement Home Board and

2 a member of a Local Board may be reappointed for one

3 consecutive term by the Chairman of that board.’’.

4 (b) DUAL COMPENSATION.—(1) Section 1517 (24

5 U.S.C. 417) is amended—

6 (A) by redesignating subsection (f) as sub7 section (g); and

8 (B) by inserting after subsection (e) the follow9 ing new subsection (f):

10 ‘‘(f) DUAL COMPENSATION.—(1) The Retirement

11 Home Board may waive the application of section 5532

12 of title 5, United States Code, to the Director of an estab13 lishment of the Retirement Home or any employee of the

14 Retirement Home (to the extent that such section would

15 otherwise apply to the Director or employee by reason of

16 the employment as Director or employee). The Chairman

17 of the Board shall notify the Secretary of the Treasury

18 of any waiver exercised under the preceding sentence and

19 the effective date of the waiver.

20 ‘‘(2) If the application of section 5532 of title 5,

21 United States Code, to a Director or employee is waived

22 under paragraph (1), the rate of pay payable out of the

23 Retirement Home Trust Fund for the Director or em24 ployee shall be the amount equal to the excess, if any, of

25 the periodic rate of pay fixed for the position of the Direc-
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1 tor or employee over the amount by which the retired or

2 retainer pay payable to the Director or employee would

3 have been reduced (computed on the basis of that periodic

4 rate of pay for that position) if section 5532 of title 5,

5 United States Code, had not been waived.

6 ‘‘(3)(A) In the case of a Director or employee paid

7 at a rate of pay that is reduced under paragraph (2), the

8 amounts deducted and withheld from pay for purposes of

9 chapter 81, subchapter III of chapter 83, chapter 84,

10 chapter 87, or chapter 89 of title 5, United States Code,

11 all agency contributions required under such provisions of

12 law, the maximum amount of contributions that may be

13 made to the Thrift Saving Fund under subchapter III of

14 chapter 84 of title 5, United States Code, the rate of dis15 ability compensation payable under subchapter I of chap16 ter 81 of such title, the levels of life insurance coverage

17 provided under chapter 87 of such title, and the amounts

18 of annuities under subchapter III of chapter 83 of such

19 title and subchapter II of chapter 84 of such title shall

20 be computed as if the Director or employee were paid the

21 full rate of pay fixed for the position of the Director or

22 employee for the period for which the Director was paid

23 at the reduced rate of pay under that paragraph.

24 ‘‘(B) If the amount payable to a Director or employee

25 under paragraph (2) is less than the total amount required
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1 to be deducted and withheld from the pay of the Director

2 or employee under a provision of law referred to in sub3 paragraph (A), the amount of the deficiency shall be paid

4 by the Director or employee. The participation or benefits

5 available to a Director or employee who fails to pay a defi6 ciency promptly shall be restricted in accordance with reg7 ulations which the Director of the Office of Personnel

8 Management shall prescribe.

9 ‘‘(4) In this section, the term ‘retired or retainer pay’

10 has the meaning given such term in section 5531 of title

11 5, United States Code.’’.

12 (2) Section 1516(f) (24 U.S.C. 416(f)) is amended—

13 (A) by inserting ‘‘(1)’’ after ‘‘(f) ANNUAL RE14 PORT.—’’; and

15 (B) by adding at the end the following:

16 ‘‘(2) In addition to other matters covered by the an17 nual report for a fiscal year, the annual report shall iden18 tify each Director or employee, if any, whose pay was re19 duced for any period during that fiscal year pursuant to

20 an exercise of the waiver authority under section 1517(f),

21 and shall include a discussion that demonstrates that the

22 unreduced rate of pay established for the position of that

23 Director or employee is comparable to the prevailing rates

24 of pay provided for personnel in the retirement home in-
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1 dustry who perform functions similar to those performed

2 by the Director or employee.’’.

3 (3) Subsection (f) of section 1517 (as added by para4 graph (1)(B)) and subsection (f)(2) of section 1516 (as

5 added by paragraph (2)(B)) shall apply with respect to

6 pay periods beginning on or after January 1, 1997.

7 SEC. 585. FEES FOR RESIDENTS.

8 (a) ONE-YEAR DELAY IN IMPLEMENTATION OF NEW

9 FEE STRUCTURE.—(1) Subsection (d)(2) of section 371

10 of the National Defense Authorization Act for Fiscal Year

11 1995 (Public Law 103–337; 108 Stat. 2735; 24 U.S.C.

12 414 note) is amended by striking out ‘‘October 1, 1997’’

13 and inserting in lieu thereof ‘‘October 1, 1998’’.

14 (2) Subsection (b)(2)(B) of such section is amended

15 by striking out ‘‘1998’’, ‘‘1999’’, and ‘‘2000’’ in para16 graphs (1) and (2) of the subsection (d) that is set forth

17 in such subsection (b)(2)(B) as an amendment to section

18 1514 of the Armed Forces Retirement Home Act of 1991

19 and inserting in lieu thereof ‘‘1999’’, ‘‘2000’’, and

20 ‘‘2001’’, respectively.

21 (b) REPORT ON FUNDING THE ARMED FORCES RE22 TIREMENT HOME.—(1) Not later than March 3, 1997, the

23 Secretary of Defense shall submit to Congress a report

24 on meeting the funding needs of the Armed Forces Retire25 ment Home in a manner that is fair and equitable to the
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1 residents and to the members of the Armed Forces who

2 provide required monthly contributions for the home.

3 (2) The report shall include the following:

4 (A) The increment between levels of income of

5 a resident of the Armed Forces Retirement Home

6 that is appropriate for applying the next higher

7 monthly fee to a resident under a monthly fee struc8 ture for the residents of the home.

9 (B) The categories of income and disability

10 payments that should generally be considered as

11 monthly income for the purpose of determining the

12 fee applicable to a resident and the conditions under

13 which each such category should be considered as

14 monthly income for such purpose.

15 (C) The degree of flexibility that should be pro16 vided the Armed Forces Retirement Home Board for

17 the setting of fees for residents.

18 (D) A discussion of whether the Armed Forces

19 Retirement Home Board has and should have au20 thority to vary the fee charged a resident under ex21 ceptional circumstances, together with any rec22 ommended legislation regarding such an authority.

23 (E) A discussion of how to ensure fairness and

24 equitable treatment of residents and of warrant offi25 cers and enlisted members of the Armed Forces in
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1 meeting the funding needs of the Armed Forces Re2 tirement Home.

3 (F) The advisability of exercising existing au4 thority to increase the amount deducted from the

5 pay of warrant officers and enlisted personnel for

6 the Armed Forces Retirement Home under section

7 1007(i) of title 37, United States Code.

8 (G) Options for ways to meet the funding needs

9 of the Armed Forces Retirement Home without in10 creasing the amount deducted from pay under sec11 tion 1007(i) of title 37, United States Code.

12 (H) Any other matters that the Secretary of

13 Defense, after the consultation required by para14 graph (3), considers appropriate regarding funding

15 of the Armed Forces Retirement Home.

16 (3) The Secretary shall consult the Armed Forces Re17 tirement Home Board and the secretaries of the military

18 departments in preparing the report under this subsection.

19 SEC. 586. AUTHORIZATION OF APPROPRIATIONS.

20 There is hereby authorized to be appropriated for fis21 cal year 1997 from the Armed Forces Retirement Home

22 Trust Fund the sum of $57,345,000 for the operation of

23 the Armed Forces Retirement Home.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

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

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

6 adjustment required by section 1009 of title 37, United

7 States Code, in elements of compensation of members of

8 the uniformed services to become effective during fiscal

9 year 1997 shall not be made.

10 (b) INCREASE IN BASIC PAY AND BAS.—Effective

11 January 1, 1997, the rates of basic pay and basic allow12 ance for subsistence of members of the uniformed services

13 are increased by 3.0 percent.

14 (c) INCREASE IN BAQ.—Effective January 1, 1997,

15 the rates of basic allowance for quarters of members of

16 the uniformed services are increased by 4.0 percent.

17 SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY.

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

19 amended—

20 (1) by striking out paragraph (2); and

21 (2) in paragraph (1), by striking out ‘‘(1)’’.

22 SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS

23 WHILE HOSPITALIZED.

24 (a) IN GENERAL.—Section 210 of title 37, United

25 States Code, is amended—
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1 (1) by redesignating subsection (b) as sub2 section (c); and

3 (2) by inserting after subsection (a) the follow4 ing new subsection (b):

5 ‘‘(b) A senior enlisted member of an armed force shall

6 continue to be entitled to the rate of basic pay authorized

7 for the senior enlisted member of that armed force while

8 the member is hospitalized, beginning on the day of the

9 hospitalization and ending on the day the member is dis10 charged from the hospital, but not for more than 180

11 days.’’.

12 (b) CLERICAL AMENDMENTS.—(1) The heading of

13 such section is amended to read as follows:

14 ‘‘§ 210. Pay of the senior noncommissioned officer of

15 an armed force during terminal leave and

16 while hospitalized’’.

17 (2) The item relating to such section in the table of

18 sections at the beginning of chapter 3 of title 10, United

19 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.’’.

20 SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR MEM21 BERS ASSIGNED TO SEA DUTY.

22 (a) ENTITLEMENT OF SINGLE MEMBERS ABOVE

23 GRADE E–5.—Section 403(c)(2) of title 37, United States

24 Code, is amended by striking out the second sentence.
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1 (b) ENTITLEMENT OF CERTAIN SINGLE MEMBERS IN

2 GRADE E–5.—Section 403(c)(2) of such title, as amended

3 by subsection (a), is further amended by adding at the

4 end the following: ‘‘However, the Secretary concerned may

5 authorize payment of the basic allowance for quarters to

6 members of a uniformed service without dependents who

7 are in pay grade E–5, are on sea duty, and are not pro8 vided Government quarters ashore.’’.

9 (c) ENTITLEMENT WHEN BOTH SPOUSES IN

10 GRADES BELOW GRADE E–6 ARE ASSIGNED TO SEA

11 DUTY.—Section 403(c)(2) of such title, as amended by

12 subsections (a) and (b), is further amended—

13 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

14 (2) by adding at the end the following: ‘‘Not15 withstanding section 421 of this title, two members

16 of the uniformed services in pay grades below E–6

17 who are married to each other, have no dependent

18 other than the spouse, and are simultaneously as19 signed to sea duty on ships are jointly entitled to

20 one basic allowance for quarters at the rate provided

21 for members with dependents in the highest pay

22 grade in which either spouse is serving.’’.

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

24 subsections (a), (b), and (c) shall take effect on October

25 1, 1996.
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1 SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO

2 DENY AN ELECTION NOT TO OCCUPY GOV3 ERNMENT QUARTERS.

4 Section 403(b)(3) of title 37, United States Code, is

5 amended by striking out ‘‘A member’’ and inserting in lieu

6 thereof ‘‘Subject to the provisions of subsection (j), a

7 member’’.

8 SEC. 606. FAMILY SEPARATION ALLOWANCE FOR MEMBERS

9 SEPARATED BY MILITARY ORDERS FROM

10 SPOUSES WHO ARE MEMBERS.

11 Section 427(b) of title 37, United States Code, is

12 amended—

13 (1) in paragraph (1)—

14 (A) by striking out ‘‘or’’ at the end of sub15 paragraph (B);

16 (B) by striking out the period at the end

17 of subparagraph (C) and inserting in lieu there18 of ‘‘; or’’; and

19 (C) by adding at the end the following:

20 ‘‘(D) the member is married to a member of a

21 uniformed service, the member has no dependent

22 other than the spouse, the two members are sepa23 rated by reason of the execution of military orders,

24 and the two members were residing together imme25 diately before being separated by reason of execution

26 of military orders.’’; and
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1 (2) by adding at the end the following:

2 ‘‘(5) Section 421 of this title does not apply to bar

3 an entitlement to an allowance under paragraph (1)(D).

4 However, not more than one monthly allowance may be

5 paid with respect to a married couple under paragraph

6 (1)(D) for any month.’’.

7 SEC. 607. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR

8 PAY AND ALLOWANCES.

9 Section 3702 of title 31, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(e)(1) Upon the request of the Secretary concerned

12 (as defined in section 101 of title 37), the Comptroller

13 General may waive the time limitations set forth in sub14 section (b) or (c) in the case of a claim for pay or allow15 ances provided under title 37 and, subject to paragraph

16 (2), settle the claim.

17 ‘‘(2) Payment of a claim settled under paragraph (1)

18 shall be subject to the availability of appropriations for

19 payment of that particular claim.

20 ‘‘(3) This subsection does not apply to a claim in ex21 cess of $25,000.’’.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

4 FORCES.

5 (a) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

6 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

7 Section 302g(f) of title 37, United States Code, is amend8 ed by striking out ‘‘September 30, 1997’’ and inserting

9 in lieu thereof ‘‘September 30, 1998’’.

10 (b) SELECTED RESERVE REENLISTMENT BONUS.—

11 Section 308b(f) of title 37, United States Code, is amend12 ed by striking out ‘‘September 30, 1997’’ and inserting

13 in lieu thereof ‘‘September 30, 1998’’.

14 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec15 tion 308c(e) 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 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

19 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI20 ORITY UNITS.—Section 308d(c) of title 37, United States

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

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

23 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec24 tion 308e(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 (f) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS.—Section 308h(g) of title 37, United States

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

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

7 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

8 308i(i) of title 37, United States Code, is amended by

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

10 thereof ‘‘September 30, 1998’’.

11 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

12 PAY FOR NURSE OFFICER CANDIDATES, REG13 ISTERED NURSES, AND NURSE ANES14 THETISTS.

15 (a) NURSE OFFICER CANDIDATE ACCESSION PRO16 GRAM.—Section 2130a(a)(1) of title 10, United States

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

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

19 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

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

21 amended by striking out ‘‘September 30, 1997’’ and in22 serting in lieu thereof ‘‘September 30, 1998’’.

23 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES24 THETISTS.—Section 302e(a)(1) of title 37, 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 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY4 MENT OF OTHER BONUSES AND SPECIAL

5 PAYS.

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

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

9 lieu thereof ‘‘September 30, 1998,’’.

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

12 amended by striking out ‘‘September 30, 1997’’ and in13 serting in lieu thereof ‘‘September 30, 1998’’.

14 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

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

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

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

18 1998’’.

19 (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI20 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

21 312(e) of title 37, United States Code, is amended by

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

23 thereof ‘‘September 30, 1998’’.

24 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

25 312b(c) of title 37, United States Code, is amended by
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1 striking out ‘‘September 30, 1997’’ and inserting in lieu

2 thereof ‘‘September 30, 1998’’.

3 (f) NUCLEAR CAREER ANNUAL INCENTIVE

4 BONUS.—Section 312c(d) of title 37, United States Code,

5 is amended by striking out ‘‘October 1, 1997’’ and insert6 ing in lieu thereof ‘‘October 1, 1998’’.

7 (g) REPAYMENT OF EDUCATION LOANS FOR CER8 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE9 LECTED RESERVE.—Section 16302(d) of title 10, United

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

11 1997’’ and inserting in lieu thereof ‘‘October 1, 1998’’.

12 SEC. 614. INCREASED SPECIAL PAY FOR DENTAL OFFICERS

13 OF THE ARMED FORCES.

14 (a) INCREASED RATES.—Section 302b(a) of title 37,

15 United States Code, is amended—

16 (1) in paragraph (2)—

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

18 ‘‘$1,200’’ and inserting in lieu thereof

19 ‘‘$3,000’’;

20 (B) in subparagraph (B), by striking out

21 ‘‘$2,000’’ and inserting in lieu thereof

22 ‘‘$7,000’’; and

23 (C) in subparagraph (C), by striking out

24 ‘‘$4,000’’ and inserting in lieu thereof

25 ‘‘$7,000’’;
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1 (2) in paragraph (4), by redesignating subpara2 graphs (A), (B), and (C) as subparagraphs (B), (C),

3 and (D), respectively, and by inserting before sub4 paragraph (B), as so redesignated, the following new

5 subparagraph (A):

6 ‘‘(A) $4,000 per year, if the officer has less

7 than three years of creditable service.’’; and

8 (3) in paragraph (5)—

9 (A) in subparagraph (A)—

10 (i) by striking out ‘‘$2,000’’ and in11 serting in lieu thereof ‘‘$2,500’’; and

12 (ii) by striking out ‘‘12 years’’ and in13 serting in lieu thereof ‘‘10 years’’;

14 (B) in subparagraph (B)—

15 (i) by striking out ‘‘$3,000’’ and in16 serting in lieu thereof ‘‘$3,500’’; and

17 (ii) by striking out ‘‘12 but less than

18 14 years’’ and inserting in lieu thereof ‘‘10

19 but less than 12 years’’; and

20 (C) in subparagraph (C), by striking out

21 ‘‘14 or more years’’ and inserting in lieu thereof

22 ‘‘12 or more years’’.

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

24 subsection (a) shall take effect on October 1, 1996.
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1 SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC HEALTH

2 SERVICE OPTOMETRISTS.

3 Section 302a(b) of title 37, United States Code, is

4 amended—

5 (1) in paragraph (2)—

6 (A) by striking out ‘‘an armed force’’ in

7 the matter preceding subparagraph (A) and in8 serting in lieu thereof ‘‘a uniformed service’’;

9 and

10 (B) by striking out ‘‘of the military depart11 ment’’ in subparagraph (C); and

12 (2) in paragraph (4), by striking out ‘‘of the

13 military department’’.

14 SEC. 616. SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE

15 PROVIDERS IN THE PUBLIC HEALTH SERV16 ICE.

17 Section 302c(d) of title 37, United States Code, is

18 amended—

19 (1) in the matter preceding paragraph (1), by

20 striking out ‘‘Secretary of Defense’’ and inserting in

21 lieu thereof ‘‘Secretary concerned’’; and

22 (2) in paragraph (1)—

23 (A) by striking out ‘‘or’’ the third place it

24 appears; and

25 (B) by inserting before the period at the

26 end the following: ‘‘, or an officer in the Regu-
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1 lar or Reserve Corps of the Public Health Serv2 ice’’.

3 SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUB4 LIC HEALTH SERVICE AND NATIONAL OCE5 ANIC AND ATMOSPHERIC ADMINISTRATION

6 OFFICERS.

7 (a) ELIGIBILITY.—Section 316 of title 37, United

8 States Code, is amended in subsection (a)—

9 (1) in the matter preceding paragraph (1), by

10 striking out ‘‘armed forces’’ and inserting in lieu

11 thereof ‘‘uniformed services’’;

12 (2) in paragraph (2)—

13 (A) by striking out ‘‘Secretary of Defense’’

14 and inserting in lieu thereof ‘‘Secretary con15 cerned’’; and

16 (B) by inserting ‘‘or public health’’ after

17 ‘‘national defense’’; and

18 (3) in paragraph (3)—

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

20 ‘‘military’’ and inserting in lieu thereof ‘‘uni21 formed services’’;

22 (B) in subparagraph (C), by striking out

23 ‘‘military’’; and

24 (C) in subparagraph (D)—
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1 (i) by striking out ‘‘Department of

2 Defense’’ and inserting in lieu thereof

3 ‘‘uniformed service’’; and

4 (ii) by striking out ‘‘Secretary of De5 fense’’ and inserting in lieu thereof ‘‘Sec6 retary concerned’’.

7 (b) ADMINISTRATION.—Subsection (d) of such sec8 tion is amended—

9 (1) by striking out ‘‘his jurisdiction and’’ and

10 inserting in lieu thereof ‘‘the Secretary’s jurisdic11 tion,’’; and

12 (2) by inserting before the period at the end ‘‘,

13 by the Secretary of Health and Human Services for

14 the Commissioned Corps of the Public Health Serv15 ice, and by the Secretary of Commerce for the Na16 tional Oceanic and Atmospheric Administration’’.

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

18 subsections (a) and (b) shall take effect on October 1,

19 1996, and apply with respect to months beginning on or

20 after such date.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. ROUND TRIP TRAVEL ALLOWANCES FOR SHIP4 PING MOTOR VEHICLES AT GOVERNMENT EX5 PENSE.

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

7 United States Code, is amended as follows—

8 (1) in clause (i)(I), by inserting ‘‘, including re9 turn travel to the old duty station,’’ after ‘‘nearest

10 the old duty station’’; and

11 (2) in clause (ii), by inserting ‘‘, including trav12 el from the new duty station to the port of debarka13 tion to pick up the vehicle’’ after ‘‘to the new duty

14 station’’.

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

16 subsection (a) shall take effect on April 1, 1997.

17 SEC. 622. OPTION TO STORE INSTEAD OF TRANSPORT A

18 PRIVATELY OWNED VEHICLE AT THE EX19 PENSE OF THE UNITED STATES.

20 (a) IN GENERAL.—Section 2634 of title 10, United

21 States Code, is amended—

22 (1) by redesignating subsection (b) as sub23 section (g);

24 (2) by transferring subsection (g), as so redes25 ignated, to the end of such section; and
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1 (3) by inserting after subsection (a) the follow2 ing new subsection (b):

3 ‘‘(b) When a member is ordered to make a change

4 of permanent station to a foreign country and the member

5 is authorized under subsection (a) to have a vehicle trans6 ported under that subsection, the Secretary may authorize

7 the member to store the vehicle (instead of having it trans8 ported) if restrictions imposed by the foreign country or

9 the United States preclude entry of the vehicle into that

10 country or require extensive modification of the vehicle as

11 a condition for entry of the vehicle into the country. The

12 cost of the storage of the vehicle, and costs associated with

13 the delivery of the vehicle for storage and removal of the

14 vehicle for delivery from storage shall be paid by the Unit15 ed States. Costs paid under this subsection may not exceed

16 reasonable amounts, as determined under regulations pre17 scribed by the Secretary of Defense (and the Secretary

18 of Transportation with respect to the Coast Guard when

19 it is not operating as a service in the Navy).’’.

20 (b) UNACCOMPANIED TOURS.—Subsection (h)(1)(B)

21 of section 406 of title 37, United States Code, is amended

22 to read as follows:

23 ‘‘(B) in the case of a member described in para24 graph (2)(A), authorize the transportation of one

25 motor vehicle that is owned by the member (or a de-
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1 pendent of a member) and is for his dependent’s

2 personal use to that location by means of transpor3 tation authorized under section 2634 of title 10, or

4 authorize storage of such motor vehicle if the stor5 age of the motor vehicle is otherwise authorized

6 under that section.’’.

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

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

9 SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL AND TRANS10 PORTATION ALLOWANCES IN CONNECTION

11 WITH LEAVE BETWEEN CONSECUTIVE OVER12 SEAS TOURS.

13 (a) AUTHORITY FOR ADDITIONAL DEFERRAL OF

14 TRAVEL.—Section 411b(a)(2) of title 37, United States

15 Code, is amended by adding at the end the following: ‘‘A

16 member may defer the travel for one additional year if,

17 due to participation in a contingency operation, the mem18 ber is unable to commence the travel within the one-year

19 period provided for under the preceding sentence.’’.

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

21 subsection shall (a) take effect as of November 1, 1995,

22 and shall apply with respect to members of the uniformed

23 services who, on or after that date, participate in critical

24 operational missions, as determined under the third sen-
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1 tence of section 411b(a)(2) of title 37, United States Code

2 (as added by subsection (a)).

3 SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD

4 EFFECTS OF PUBLIC HEALTH SERVICE OFFI5 CERS.

6 Section 406(j)(1) of title 37, United States Code, is

7 amended in the first sentence—

8 (1) by inserting ‘‘, and appropriations available

9 to the Department of Health and Human Services

10 for providing transportation of household effects of

11 members of the Commissioned Corps of the Public

12 Health Service under subsection (b),’’ after ‘‘mem13 bers of the armed forces under subsection (b)’’; and

14 (2) by striking out ‘‘of the military depart15 ment’’.

16 Subtitle D—Retired Pay, Survivor

17 Benefits, and Related Matters

18 SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST19 OF-LIVING ADJUSTMENT FOR FISCAL YEAR

20 1998.

21 (a) REPEAL OF ADJUSTMENT OF EFFECTIVE DATE

22 FOR FISCAL YEAR 1998.—Section 1401a(b)(2)(B) of title

23 10, United States Code, is amended—

24 (1) by striking out ‘‘(B) SPECIAL RULES’’ and

25 all that follows through ‘‘In the case of’’ in clause
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1 (i) and inserting in lieu thereof ‘‘(B) SPECIAL RULE

2 FOR FISCAL YEAR 1996.—In the case of’’; and

3 (2) by striking out clause (ii).

4 (b) REPEAL OF CONTINGENT ALTERNATIVE DATE

5 FOR FISCAL YEAR 1998.—Section 631 of the National

6 Defense Authorization Act for Fiscal Year 1996 (Public

7 Law 104–106; 110 Stat. 364) is amended by striking out

8 subsection (b).

9 SEC. 632. ALLOTMENT OF RETIRED OR RETAINER PAY.

10 (a) AUTHORITY.—(1) Part II of subtitle A of title

11 10, United States Code, is amended by inserting after

12 chapter 71 the following new chapter:

13 ‘‘CHAPTER 72—MISCELLANEOUS RETIRED

14 AND RETAINER PAY AUTHORITIES

‘‘Sec.

‘‘1421. Allotments.

15 ‘‘§ 1421. Allotments

16 ‘‘(a) AUTHORITY.—Subject to such conditions and re17 strictions as may be provided in regulations prescribed

18 under subsection (b), a member or former member of the

19 armed forces entitled to retired or retainer pay may trans20 fer or assign the member or former member’s retired or

21 retainer pay account when due and payable.

22 ‘‘(b) REGULATIONS.—The Secretaries of the military

23 departments and the Secretary of Transportation (with re24 spect to the Coast Guard when it is not operating as a
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1 service in the Navy) shall prescribe uniform regulations

2 for the administration of subsection (a).’’.

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

4 A of such title and the beginning of part II of such subtitle

5 are amended by inserting after the item relating to chap6 ter 71 the following:

‘‘72. Miscellaneous retired and retainer pay authorities .......................... 1421’’.

7 (b) IMPLEMENTATION.—(1) Notwithstanding section

8 1421 of title 10, United States Code (as added by sub9 section (a)), a person entitled to retired or retainer pay

10 may not initiate a transfer or assignment of retired or re11 tainer pay under such section until regulations prescribed

12 under subsection (b) of such section take effect.

13 (2) The Secretaries of the military departments and

14 the Secretary of Transportation shall prescribe regulations

15 under subsection (b) of such section that ensure that, be16 ginning not later than October 1, 1997, a person may

17 make up to six transfers or assignments of the person’s

18 retired or retainer pay account when due and payable for

19 payment of any financial obligations.

20 SEC. 633. COST-OF-LIVING INCREASES IN SBP CONTRIBU21 TIONS TO BE EFFECTIVE CONCURRENTLY

22 WITH PAYMENT OF RELATED RETIRED PAY

23 COST-OF-LIVING INCREASES.

24 (a) SURVIVOR BENEFIT PLAN.—Section 1452(h) of

25 title 10, United States Code, is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

2 (2) by adding at the end the following new sub3 section:

4 ‘‘(2)(A) Notwithstanding paragraph (1), when the

5 initial payment of an increase in retired pay under section

6 1401a of this title (or any other provision of law) to a

7 person is later than the effective date of that increase by

8 reason of the application of subsection (b)(2)(B) of such

9 section (or section 631(b) of Public Law 104–106 (110

10 Stat. 364)), then the amount of the reduction in the per11 son’s retired pay shall be effective on the date of that ini12 tial payment of the increase in retired pay rather than

13 the effective date of the increase in retired pay.

14 ‘‘(B) Subparagraph (A) may not be construed as de15 laying, for purposes of determining the amount of a

16 monthly annuity under section 1451 of this title, the effec17 tive date of an increase in a base amount under subsection

18 (h) of such section from the effective date of an increase

19 in retired pay under section 1401a of this title to the date

20 on which the initial payment of that increase in retired

21 pay is made in accordance with subsection (b)(2)(B) of

22 such section 1401a.’’.

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

24 subsection (a) shall take effect with respect to retired pay
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1 payable for months beginning on or after the date of the

2 enactment of this Act.

3 SEC. 634. ANNUITIES FOR CERTAIN MILITARY SURVIVING

4 SPOUSES.

5 (a) SURVIVOR ANNUITY.—(1) The Secretary con6 cerned shall pay an annuity to the qualified surviving

7 spouse of each member of the uniformed services who—

8 (A) died before March 21, 1974, and was enti9 tled to retired or retainer pay on the date of death;

10 or

11 (B) was a member of a reserve component of

12 the Armed Forces during the period beginning on

13 September 21, 1972, and ending on October 1,

14 1978, and at the time of his death would have been

15 entitled to retired pay under chapter 67 of title 10,

16 United States Code (as in effect before December 1,

17 1994), but for the fact that he was under 60 years

18 of age.

19 (2) A qualified surviving spouse for purposes of this

20 section is a surviving spouse who has not remarried and

21 who is not eligible for an annuity under section 4 of Public

22 Law 92–425 (10 U.S.C. 1448 note).

23 (b) AMOUNT OF ANNUITY.—(1) An annuity under

24 this section shall be paid at the rate of $165 per month,

25 as adjusted from time to time under paragraph (3).
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1 (2) An annuity paid to a surviving spouse under this

2 section shall be reduced by the amount of any dependency

3 and indemnity compensation (DIC) to which the surviving

4 spouse is entitled under section 1311(a) of title 38, United

5 States Code.

6 (3) Whenever after the date of the enactment of this

7 Act retired or retainer pay is increased under section

8 1401a(b)(2) of title 10, United States Code, each annuity

9 that is payable under this section shall be increased at

10 the same time and by the same total percent. The amount

11 of the increase shall be based on the amount of the month12 ly annuity payable before any reduction under this section.

13 (c) APPLICATION REQUIRED.—No benefit shall be

14 paid to any person under this section unless an application

15 for such benefit is filed with the Secretary concerned by

16 or on behalf of such person.

17 (d) DEFINITIONS.—For purposes of this section:

18 (1) The terms ‘‘uniformed services’’ and ‘‘Sec19 retary concerned’’ have the meanings given such

20 terms in section 101 of title 37, United States Code.

21 (2) The term ‘‘surviving spouse’’ has the mean22 ing given the terms ‘‘widow’’ and ‘‘widower’’ in para23 graphs (3) and (4) of section 1447 of title 10, Unit24 ed States Code.
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1 (e) PROSPECTIVE APPLICABILITY.—(1) Annuities

2 under this section shall be paid for months beginning after

3 the month in which this Act is enacted.

4 (2) No benefit shall accrue to any person by reason

5 of the enactment of this section for any period before the

6 first month referred to in paragraph (1).

7 SEC. 635. ADJUSTED ANNUAL INCOME LIMITATION APPLI8 CABLE TO ELIGIBILITY FOR INCOME SUPPLE9 MENT FOR CERTAIN WIDOWS OF MEMBERS

10 OF THE UNIFORMED SERVICES.

11 Section 4 of Public Law 92–425 (10 U.S.C. 1448

12 note) is amended by striking out ‘‘$2,340’’ in subsection

13 (a)(3) and in the first sentence of subsection (b) and in14 serting in lieu thereof ‘‘$5,448’’.

15 Subtitle E—Other Matters

16 SEC. 641. REIMBURSEMENT FOR ADOPTION EXPENSES IN17 CURRED IN ADOPTIONS THROUGH PRIVATE

18 PLACEMENTS.

19 (a) DEPARTMENT OF DEFENSE.—Section 1052(g)(1)

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

21 out ‘‘adoption or by a nonprofit, voluntary adoption agen22 cy which is authorized by State or local law to place chil23 dren for adoption’’ and inserting in lieu thereof ‘‘adoption,

24 by a nonprofit, voluntary adoption agency which is author25 ized by State or local law to place children for adoption,
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1 or by any other source if the adoption is supervised by

2 a court under State or local law’’.

3 (b) COAST GUARD.—Section 514(g)(1) of title 14,

4 United States Code, is amended by striking out ‘‘adoption

5 or by a nonprofit, voluntary adoption agency which is au6 thorized by State or local law to place children for adop7 tion’’ and inserting in lieu thereof ‘‘adoption, by a non8 profit, voluntary adoption agency which is authorized by

9 State or local law to place children for adoption, or by

10 any other source if the adoption is supervised by a court

11 under State or local law’’.

12 SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS WITH13 HELD FOR TAX PURPOSES FROM CERTAIN

14 SEPARATION PAY RECEIVED BY INVOLUN15 TARILY SEPARATED MEMBERS AND FORMER

16 MEMBERS OF THE ARMED FORCES.

17 (a) IN GENERAL.—Section 1174(h) of title 10, Unit18 ed States Code, is amended—

19 (1) in paragraph (1), by inserting ‘‘(less the

20 amount of Federal income tax withheld from such

21 pay)’’ before the period at the end; and

22 (2) in paragraph (2), by inserting ‘‘(less the

23 amount of Federal income tax withheld from such

24 pay)’’ before the period at the end of the first sen25 tence.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 1996, and shall

3 apply to payments of separation pay, severance pay, or

4 readjustment pay that are made after October 1, 1996.

5 TITLE VII—HEALTH CARE

6 PROVISIONS

7 SEC. 701. IMPLEMENTATION OF REQUIREMENT FOR SE8 LECTED RESERVE DENTAL INSURANCE PLAN.

9 (a) IMPLEMENTATION BY CONTRACT.—Section

10 1076b(a) of title 10, United States Code, is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY

12 TO ESTABLISH PLAN.—’’;

13 (2) by designating the third sentence as para14 graph (3); and

15 (3) by inserting after paragraph (1), as des16 ignated by paragraph (1) of this subsection, the fol17 lowing:

18 ‘‘(2) The Secretary shall provide benefits under the

19 plan through one or more contracts awarded after full and

20 open competition.’’.

21 (b) SCHEDULE FOR IMPLEMENTATION.—Section

22 705(b) of the National Defense Authorization Act for Fis23 cal Year 1996 (Public Law 104–106; 110 Stat. 373; 10

24 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. CLARIFICATION OF APPLICABILITY OF CHAMPUS

2 PAYMENT RULES TO PRIVATE CHAMPUS PRO3 VIDERS FOR CARE PROVIDED TO ENROLLEES

4 IN HEALTH CARE PLANS OF UNIFORMED

5 SERVICES TREATMENT FACILITIES.

6 Section 1074(d)(1) of title 10, United States Code,

7 is amended—

8 (1) by striking out ‘‘may require’’ and inserting

9 in lieu thereof ‘‘shall require’’;

10 (2) by striking out ‘‘member of the uniformed

11 services’’ and inserting in lieu thereof ‘‘covered bene12 ficiary’’; and

13 (3) by striking out ‘‘when the health care’’ and

14 all that follows through ‘‘facility’’.

15 SEC. 705. ENHANCEMENT OF THIRD-PARTY COLLECTION

16 AND SECONDARY PAYER AUTHORITIES

17 UNDER CHAMPUS.

18 (a) RETENTION AND USE BY TREATMENT FACILI19 TIES OF AMOUNTS COLLECTED.—Subsection (g)(1) of

20 section 1095 of title 10, United States Code, is amended

21 by inserting ‘‘or through’’ after ‘‘provided at’’.

22 (b) EXPANSION OF DEFINITION OF THIRD PARTY

23 PAYER.—Subsection (h) of such section is amended—

24 (1) in the first sentence of paragraph (1), by

25 inserting ‘‘and a workers’ compensation program or

26 plan’’ before the period; and
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1 (2) in paragraph (2)—

2 (A) by striking out ‘‘organization and’’ and

3 inserting in lieu thereof a ‘‘organization,’’; and

4 (B) by inserting ‘‘, and a personal injury

5 protection plan or medical payments benefit

6 plan for personal injuries resulting from the op7 eration of a motor vehicle’’ before the period.

8 (c) APPLICABILITY OF SECONDARY PAYER REQUIRE9 MENT.—Section 1079(j)(1) of such title is amended by in10 serting ‘‘, including any plan offered by a third party

11 payer (as defined in section 1095(h)(1) of this title),’’

12 after ‘‘or health plan’’.

13 SEC. 706. CODIFICATION OF AUTHORITY TO CREDIT

14 CHAMPUS COLLECTIONS TO PROGRAM AC15 COUNTS.

16 (a) CREDITS TO CHAMPUS ACCOUNTS.—Chapter

17 55 of title 10, United States Code, is amended by inserting

18 after section 1079 the following:

19 ‘‘§ 1079a. Crediting of CHAMPUS collections to pro20 gram accounts

21 ‘‘All refunds and other amounts collected by or for

22 the United States in the administration of the Civilian

23 Health and Medical Program of the Uniformed Services

24 (CHAMPUS) shall be credited to the appropriation avail-
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1 able for that program for the fiscal year in which col2 lected.’’.

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

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 1079 the following new

6 item:

‘‘1079a. Crediting of CHAMPUS collections to program accounts.’’.

7 SEC. 707. COMPTROLLER GENERAL REVIEW OF HEALTH

8 CARE ACTIVITIES OF THE DEPARTMENT OF

9 DEFENSE RELATING TO PERSIAN GULF ILL10 NESSES.

11 (a) MEDICAL RESEARCH AND CLINICAL CARE PRO12 GRAMS.—The Comptroller General shall analyze the effec13 tiveness of the medical research programs and clinical care

14 programs of the Department of Defense that relate to ill15 nesses that might have been contracted by members of the

16 Armed Forces as a result of service in the Southwest Asia

17 theater of operations during the Persian Gulf War.

18 (b) EXPERIMENTAL DRUGS.—The Comptroller Gen19 eral shall analyze the scope and effectiveness of the poli20 cies of the Department of Defense with respect to the in21 vestigational use of drugs, the experimental use of drugs,

22 and the use of drugs not approved by the Food and Drug

23 Administration to treat illnesses referred to in subsection

24 (a).
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1 (c) ADMINISTRATION OF MEDICAL RECORDS.—The

2 Comptroller General shall analyze the administration of

3 medical records by the military departments in order to

4 assess the extent to which such records accurately reflect

5 the pre-deployment medical assessments, immunization

6 records, informed consent releases, complaints during rou7 tine sick call, emergency room visits, visits with unit med8 ics during deployment, and other relevant medical infor9 mation relating to the members and former members re10 ferred to in subsection (a) with respect to the illnesses re11 ferred to in that subsection.

12 (d) REPORTS.—The Comptroller General shall sub13 mit to Congress a separate report on each of the analyses

14 required under subsections (a), (b), and (c). The Comp15 troller General shall submit the reports not later than

16 March 1, 1997.

17 TITLE VIII—ACQUISITION POL18 ICY, ACQUISITION MANAGE19 MENT, AND RELATED MAT20 TERS

21 SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PRO22 GRAMS.

23 (a) FUNDING.—Of the amount authorized to be ap24 propriated under section 301(5), $12,000,000 shall be
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1 available for carrying out the provisions of chapter 142

2 of title 10, United States Code.

3 (b) SPECIFIC PROGRAMS.—Of the amounts made

4 available pursuant to subsection (a), $600,000 shall be

5 available for fiscal year 1997 for the purpose of carrying

6 out programs sponsored by eligible entities referred to in

7 subparagraph (D) of section 2411(1) of title 10, United

8 States Code, that provide procurement technical assist9 ance in distressed areas referred to in subparagraph (B)

10 of section 2411(2) of such title. If there is an insufficient

11 number of satisfactory proposals for cooperative agree12 ments in such distressed areas to allow effective use of

13 the funds made available in accordance with this sub14 section in such areas, the funds shall be allocated among

15 the Defense Contract Administration Services regions in

16 accordance with section 2415 of such title.

17 SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PRO18 GRAM.

19 Section 831(j) of the National Defense Authorization

20 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend21 ed—

22 (1) in paragraph (1), by striking out ‘‘1995’’

23 and inserting in lieu thereof ‘‘1998’’; and

24 (2) in paragraph (2), by striking out ‘‘1996’’

25 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 eliminated the deficiencies.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—General Matters

5 SEC. 901. REPEAL OF REORGANIZATION OF OFFICE OF SEC6 RETARY OF DEFENSE.

7 Sections 901 and 903 of the National Defense Au8 thorization Act for Fiscal Year 1996 (Public Law 104–

9 106; 110 Stat. 399 and 401) are repealed.

10 SEC. 902. CODIFICATION OF REQUIREMENTS RELATING TO

11 CONTINUED OPERATION OF THE UNIFORMED

12 SERVICES UNIVERSITY OF THE HEALTH

13 SCIENCES.

14 (a) CODIFICATION OF EXISTING LAW.—(1) Chapter

15 104 of title 10, United States Code, is amended by insert16 ing after section 2112 the following:

17 ‘‘§ 2112a. Continued operation of University

18 ‘‘(a) CLOSURE PROHIBITED.—The University may

19 not be closed.

20 ‘‘(b) PERSONNEL STRENGTH.—During the five-year

21 period beginning on October 1, 1996, the personnel staff22 ing levels for the University may not be reduced below the

23 personnel staffing levels for the University on October 1,

24 1993.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 2112 the following:

‘‘2112a. Continued operation of University.’’.

4 (b) REPEAL OF SUPERSEDED LAW.—(1) Section 922

5 of the National Defense Authorization Act for Fiscal Year

6 1995 (Public Law 103–337; 108 Stat. 282; 10 U.S.C.

7 2112 note) is amended by striking out subsection (a).

8 (2) Section 1071 of the National Defense Authoriza9 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

10 Stat. 445; 10 U.S.C. 2112 note) is amended by striking

11 out subsection (b).

12 SEC. 903. CODIFICATION OF REQUIREMENT FOR UNITED

13 STATES ARMY RESERVE COMMAND.

14 (a) REQUIREMENT FOR ARMY RESERVE COM15 MAND.—(1) Chapter 307 of title 10, United States Code,

16 is amended by inserting after section 3074 the following:

17 ‘‘§ 3074a. United States Army Reserve Command

18 ‘‘(a) COMMAND.—The United States Army Reserve

19 Command is a separate command of the Army com20 manded by the Chief of Army Reserve.

21 ‘‘(b) CHAIN OF COMMAND.—Except as otherwise pre22 scribed by the Secretary of Defense, the Secretary of the

23 Army shall prescribe the chain of command for the United

24 States Army Reserve Command.
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1 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

2 Army—

3 ‘‘(1) shall assign to the United States Army Re4 serve Command all forces of the Army Reserve in

5 the continental United States other than forces as6 signed to the unified combatant command for special

7 operations forces established pursuant to section 167

8 of this title; and

9 ‘‘(2) except as otherwise directed by the Sec10 retary of Defense in the case of forces assigned to

11 carry out functions of the Secretary of the Army

12 specified in section 3013 of this title, shall assign all

13 such forces of the Army Reserve to the commander

14 of the United States Atlantic Command.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by inserting after the item relating

17 to section 3074 the following:

‘‘3074a. United States Army Reserve Command.’’.

18 (b) REPEAL OF SUPERSEDED LAW.—Section 903 of

19 the National Defense Authorization Act for Fiscal Year

20 1991 (Public Law 101–510; 104 Stat. 1620; 10 U.S.C.

21 3074 note) is repealed.

22 SEC. 904. TRANSFER OF AUTHORITY TO CONTROL TRANS23 PORTATION SYSTEMS IN TIME OF WAR.

24 (a) AUTHORITY OF SECRETARY OF DEFENSE.—Sec25 tion 4742 of title 10, United States Code, is amended by
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1 striking out ‘‘Secretary of the Army’’ and inserting in lieu

2 thereof ‘‘Secretary of Defense’’.

3 (b) TRANSFER OF SECTION.—Such section, as

4 amended by subsection (a), is transferred to the end of

5 chapter 157 of such title and is redesignated as section

6 2644.

7 (c) CONFORMING AMENDMENT.—Section 9742 of

8 such title is repealed.

9 (d) CLERICAL AMENDMENTS.—(1) The table of sec10 tions at the beginning of chapter 157 of such title is

11 amended by inserting after the item relating to section

12 2643 the following new item:

‘‘2644. Control of transportation systems in time of war.’’.

13 (2) The table of sections at the beginning of chapter

14 447 of such title is amended by striking out the item relat15 ing to section 4742.

16 (3) The table of sections at the beginning of chapter

17 947 of such title is amended by striking out the item relat18 ing to section 9742.

19 SEC. 905. EXECUTIVE OVERSIGHT OF DEFENSE HUMAN IN20 TELLIGENCE PERSONNEL.

21 Section 193 of title 10, United States Code, is

22 amended—

23 (1) by redesignating subsection (f) as sub24 section (g); and
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1 (2) by inserting after subsection (e) the follow2 ing new subsection (f):

3 ‘‘(f) HUMAN INTELLIGENCE PERSONNEL.—(1) Not4 withstanding any other provision of law, subject to the au5 thority, direction, and control of the President, the Sec6 retary of Defense shall perform the responsibility within

7 the executive branch for oversight of the clandestine activi8 ties of Department of Defense human intelligence person9 nel. The Secretary may delegate authority to carry out

10 such responsibility only to the Deputy Secretary of De11 fense.’’.

12 SEC. 906. COORDINATION OF DEFENSE INTELLIGENCE

13 PROGRAMS AND ACTIVITIES.

14 (a) DIRECTOR OF MILITARY INTELLIGENCE AND DE15 FENSE INTELLIGENCE BOARD.—Subchapter II of chapter

16 8 of title 10, United States Code, is amended by adding

17 at the end the following:

18 ‘‘§ 203. Director of Military Intelligence; Defense In19 telligence Board

20 ‘‘(a) DESIGNATION OF DIRECTOR.—The Director of

21 the Defense Intelligence Agency is the Director of Military

22 Intelligence. The Director performs the duties of the posi23 tion under the authority, direction, and control of the Sec24 retary of Defense and reports directly to the Secretary.
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1 ‘‘(b) DUTIES.—In addition to any other duties that

2 are assigned to the Director by the Secretary of Defense,

3 the Director—

4 ‘‘(1) manages the General Defense Intelligence

5 Program; and

6 ‘‘(2) is Chairman of the Military Intelligence

7 Board.

8 ‘‘(c) MILITARY INTELLIGENCE BOARD.—(1) There is

9 a Military Intelligence Board within the Department of

10 Defense.

11 ‘‘(2) The Military Intelligence Board consists of the

12 Director of Military Intelligence, the Director of the Na13 tional Security Agency, the Director of the National Im14 agery and Mapping Agency, the Director of the Defense

15 Information Systems Agency, the senior intelligence offi16 cer of each armed force (as designated by the Secretary

17 of the military department having jurisdiction over that

18 armed force or, in the case of the Coast Guard, the Com19 mandant of the Coast Guard), the Deputy Director of the

20 Defense Intelligence Agency, the Director for Joint Staff

21 Intelligence, and any other persons designated as members

22 of the board by the Secretary of Defense.

23 ‘‘(3) The Military Intelligence Board shall be the

24 principal forum for coordination of the intelligence pro25 grams and activities of the Department of Defense.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such subchapter is amended by adding

3 at the end the following:

‘‘203. Director of Military Intelligence; Military Intelligence Board.’’.

4 SEC. 907. REDESIGNATION OF OFFICE OF NAVAL RECORDS

5 AND HISTORY FUND AND CORRECTION OF

6 RELATED REFERENCES.

7 (a) NAME OF FUND.—Subsection (a) of section 7222

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

9 out ‘‘ ‘Office of Naval Records and History Fund’ ’’ in the

10 second sentence and inserting in lieu thereof ‘‘ ‘Naval His11 torical Center Fund’ ’’.

12 (b) CORRECTION OF REFERENCE TO ADMINISTERING

13 OFFICE.—Subsection (a) of such section, as amended by

14 subsection (a), is further amended by striking out ‘‘Office

15 of Naval Records and History’’ in the first sentence and

16 inserting in lieu thereof ‘‘Naval Historical Center’’.

17 (c) CONFORMING REFERENCE.—Subsection (c) of

18 such section is amended by striking out ‘‘Office of Naval

19 Records and History Fund’’ in the second sentence and

20 inserting in lieu thereof ‘‘Naval Historical Center Fund’’.

21 (d) CLERICAL AMENDMENTS.—(1) The heading of

22 such section is amended to read as follows:
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1 ‘‘§ 7222. Naval Historical Center Fund’’.

2 (2) The item relating to such section in the table of

3 sections at the beginning of chapter 631 of title 10, United

4 States Code, is amended to read as follows:

‘‘7222. Naval Historical Center Fund.’’.

5 Subtitle B—National Imagery and

6 Mapping Agency

7 SEC. 911. SHORT TITLE.

8 This subtitle may be cited as the ‘‘National Imagery

9 and Mapping Agency Act of 1996’’.

10 SEC. 912. FINDINGS.

11 Congress makes the following findings:

12 (1) There is a need within the Department of

13 Defense and the Intelligence Community of the

14 United States to provide a single agency focus for

15 the growing number and diverse types of customers

16 for imagery and geospatial information resources

17 within the Government, to ensure visibility and ac18 countability for those resources, and to harness, le19 verage, and focus rapid technological developments

20 to serve the imagery, imagery intelligence, and

21 geospatial information customers.

22 (2) There is a need for a single Government

23 agency to solicit and advocate the needs of that

24 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. Limitation on oversight by Inspector General of the Central Intelligence

Agency.

‘‘446. 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.

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, by and with the

14 advice and consent of the Senate, from among the officers

15 of the regular components of the armed forces.

16 ‘‘(2) The position of Director is a position of impor17 tance and responsibility for purposes of section 601 of this
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1 title and carries the grade of lieutenant general or, in the

2 case of an officer of the Navy, vice admiral.

3 ‘‘§ 442. Missions

4 ‘‘(a) DEPARTMENT OF DEFENSE MISSIONS.—The

5 National Imagery and Mapping Agency shall—

6 ‘‘(1) provide timely, relevant, and accurate im7 agery, imagery intelligence, and geospatial informa8 tion in support of the national security objectives of

9 the United States;

10 ‘‘(2) improve means of navigating vessels of the

11 Navy and the merchant marine by providing, under

12 the authority of the Secretary of Defense, accurate

13 and inexpensive nautical charts, sailing directions,

14 books on navigation, and manuals of instructions for

15 the use of all vessels of the United States and of

16 navigators generally; and

17 ‘‘(3) prepare and distribute maps, charts,

18 books, and geodetic products as authorized under

19 subchapter II of this chapter.

20 ‘‘(b) NATIONAL MISSION.—(1) The National Imagery

21 and Mapping Agency shall also support the imagery re22 quirements of the Department of State and other depart23 ments and agencies of the United States outside the De24 partment of Defense.
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1 ‘‘(2)(A) The Director of Central Intelligence shall es2 tablish requirements and priorities to govern the collection

3 of national intelligence by the National Imagery and Map4 ping Agency under paragraph (1).

5 ‘‘(B) The Director of Central Intelligence shall de6 velop and implement such policies and programs as the

7 Secretary of Defense and the Director jointly determine

8 necessary to review and correct deficiencies identified in

9 the capabilities of the National Imagery and Mapping

10 Agency to accomplish assigned national missions. The Di11 rector shall consult with the Secretary of Defense on the

12 development and implementation of such policies and pro13 grams. The Secretary of Defense shall obtain the advice

14 of the Chairman of the Joint Chiefs of Staff regarding

15 the matters on which the Director and the Secretary are

16 to consult under the preceding sentence.

17 ‘‘(C) The President may direct the Secretary of De18 fense to exercise authority of the Director of Central Intel19 ligence under subparagraphs (A) and (B) during a war,

20 military crisis, or military operation.

21 ‘‘(c) LIFE CYCLE SUPPORT.—The National Imagery

22 and Mapping Agency may, in furtherance of a mission of

23 the agency, design, develop, deploy, operate, and maintain

24 systems related to the processing and dissemination of im-
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1 agery intelligence and geospatial information that may be

2 transferred to, accepted or used by, or used on behalf of—

3 ‘‘(1) the armed forces, including any combatant

4 command, component of a combatant command,

5 joint task force, or tactical unit; or

6 ‘‘(2) to any other department or agency of the

7 United States.

8 ‘‘§ 443. Imagery intelligence and geospatial informa9 tion support for foreign countries

10 ‘‘(a) APPROPRIATED FUNDS.—The Director of the

11 National Imagery and Mapping Agency may use appro12 priated funds available to the National Imagery and Map13 ping Agency to provide foreign countries with imagery in14 telligence and geospatial information support.

15 ‘‘(b) FUNDS OTHER THAN APPROPRIATED FUNDS.—

16 (1) Subject to paragraphs (2), (3), and (4), the Director

17 is also authorized to use funds other than appropriated

18 funds to provide foreign countries with imagery intel19 ligence and geospatial information support.

20 ‘‘(2) Funds other than appropriated funds may not

21 be expended, in whole or in part, by or for the benefit

22 of the National Imagery and Mapping Agency for a pur23 pose for which Congress had previously denied funds.
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1 ‘‘(3) Proceeds from the sale of imagery intelligence

2 or geospatial information items may be used only to pur3 chase replacement items similar to the items that are sold.

4 ‘‘(4) Funds other than appropriated funds may not

5 be expended to acquire items or services for the principal

6 benefit of the United States.

7 ‘‘(5) The authority to use funds other than appro8 priated funds under this section may be exercised notwith9 standing provisions of law relating to the expenditure of

10 funds of the United States.

11 ‘‘(c) ACCOMMODATION PROCUREMENTS.—The au12 thority under this section may be exercised to conduct ac13 commodation procurements on behalf of foreign countries.

14 ‘‘(d) COORDINATION WITH DIRECTOR OF CENTRAL

15 INTELLIGENCE.—The Director shall coordinate with the

16 Director of Central Intelligence any action under this sec17 tion that involves imagery intelligence or intelligence prod18 ucts or involves providing support to an intelligence or se19 curity service of a foreign country.

20 ‘‘§ 444. Support from Central Intelligence Agency

21 ‘‘(a) SUPPORT AUTHORIZED.—The Director of

22 Central Intelligence may provide support in accordance

23 with this section to the Director of the National Imagery

24 and Mapping Agency. The Director of the National Im-
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1 agery and Mapping Agency may accept support provided

2 under this section.

3 ‘‘(b) ADMINISTRATIVE AND CONTRACT SERVICES.—

4 (1) In furtherance of the national intelligence effort, the

5 Director of Central Intelligence may provide administra6 tive and contract services to the National Imagery and

7 Mapping Agency as if that agency were an organizational

8 element of the Central Intelligence Agency.

9 ‘‘(2) Services provided under paragraph (1) may in10 clude the services of security police. For purposes of sec11 tion 15 of the Central Intelligence Agency Act of 1949

12 (50 U.S.C. 403o), an installation of the National Imagery

13 and Mapping Agency provided security police services

14 under this section shall be considered an installation of

15 the Central Intelligence Agency.

16 ‘‘(3) Support provided under this subsection shall be

17 provided under terms and conditions agreed upon by the

18 Secretary of Defense and the Director of Central Intel19 ligence.

20 ‘‘(c) DETAIL OF PERSONNEL.—The Director of

21 Central Intelligence may detail Central Intelligence Agen22 cy personnel indefinitely to the National Imagery and

23 Mapping Agency without regard to any limitation on the

24 duration of interagency details of Federal Government

25 personnel.
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1 ‘‘(d) REIMBURSABLE OR NONREIMBURSABLE SUP2 PORT.—Support under this section may be provided and

3 accepted on either a reimbursable basis or a nonreimburs4 able basis.

5 ‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1) The

6 Director of the National Imagery and Mapping Agency

7 may transfer funds available for the agency to the Direc8 tor of Central Intelligence for the Central Intelligence

9 Agency.

10 ‘‘(2) The Director of Central Intelligence—

11 ‘‘(A) may accept funds transferred under para12 graph (1); and

13 ‘‘(B) shall expend such funds, in accordance

14 with the Central Intelligence Agency Act of 1949

15 (50 U.S.C. 403a et seq.), to provide administrative

16 and contract services or detail personnel to the Na17 tional Imagery and Mapping Agency under this sec18 tion.

19 ‘‘§ 445. Limitation on oversight by Inspector General

20 of the Central Intelligence Agency

21 ‘‘The Inspector General of the Central Intelligence

22 Agency may not conduct any inspection, investigation, or

23 audit of the National Imagery and Mapping Agency with24 out the written consent of the Inspector General of the

25 Department of Defense. In conducting an inspection, in-
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1 vestigation, or audit of the National Imagery and Mapping

2 Agency, the Inspector General of the Central Intelligence

3 Agency shall be subject to the authority, direction, and

4 control of the Secretary of Defense to the same extent as

5 is the Inspector General of the Department of Defense

6 under section 8 of the Inspector General Act of 1978 (5

7 U.S.C. App.).

8 ‘‘§ 446. Protection of agency identifications and orga9 nizational information

10 ‘‘(a) UNAUTHORIZED USE OF AGENCY NAME, INI11 TIALS, OR SEAL.—(1) Except with the written permission

12 of the Secretary of Defense, no person may knowingly use,

13 in connection with any merchandise, retail product, imper14 sonation, solicitation, or commercial activity in a manner

15 reasonably calculated to convey the impression that such

16 use is approved, endorsed, or authorized by the Secretary

17 of Defense, any of the following:

18 ‘‘(A) The words ‘National Imagery and Map19 ping Agency’, the initials ‘NIMA’, or the seal of the

20 National Imagery and Mapping Agency.

21 ‘‘(B) The words ‘Defense Mapping Agency’, the

22 initials ‘DMA’, or the seal of the Defense Mapping

23 Agency.

24 ‘‘(C) Any colorable imitation of such words, ini25 tials, or seals.
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1 ‘‘(2) Whenever it appears to the Attorney General

2 that any person is engaged or about to engage in an act

3 or practice which constitutes or will constitute conduct

4 prohibited by paragraph (1), the Attorney General may

5 initiate a civil proceeding in a district court of the United

6 States to enjoin such act or practice. Such court shall pro7 ceed as soon as practicable to a hearing and determination

8 of such action and may, at any time before such final de9 termination, enter such restraining orders or prohibitions,

10 or take such other action as is warranted, to prevent in11 jury to the United States or to any person or class of per12 sons for whose protection the action is brought.

13 ‘‘(b) PROTECTION OF ORGANIZATIONAL INFORMA14 TION.—Notwithstanding any other provision of law, the

15 Director of the National Imagery and Mapping Agency is

16 not required to disclose the organization of the agency,

17 any function of the agency, any information with respect

18 to the activities of the agency, or the names, titles, sala19 ries, or number of the persons employed by the agency.

20 This subsection does not apply to disclosures of informa21 tion to Congress.

22 ‘‘SUBCHAPTER II—MAPS, CHARTS, AND

23 GEODETIC PRODUCTS

‘‘Sec.

‘‘451. Maps, charts, and books.

‘‘452. Pilot charts.

‘‘453. Prices of maps, charts, and navigational publications.
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‘‘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.

1 ‘‘SUBCHAPTER III—PERSONNEL MANAGEMENT

‘‘Sec.

‘‘461. Civilian personnel management generally.

‘‘462. National Imagery and Mapping Senior Executive Service.

‘‘463. Management rights.

2 ‘‘§ 461. Civilian personnel management generally

3 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec4 retary of Defense may, without regard to the provisions

5 of any other law relating to the appointment, number,

6 classification, or compensation of Federal employees—

7 ‘‘(1) establish such excepted service positions

8 for employees in the National Imagery and Mapping

9 Agency as the Secretary considers necessary to carry

10 out the functions of those agencies, including posi11 tions designated under subsection (f) as National

12 Imagery and Mapping Senior Level positions;

13 ‘‘(2) appoint individuals to those positions; and

14 ‘‘(3) fix the compensation for service in those

15 positions.

16 ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY AND

17 OTHER ALLOWANCES AND BENEFITS.—(1) The Secretary

18 of Defense shall, subject to subsection (c), fix the rates

19 of basic pay for positions established under subsection (a)

20 in relation to the rates of basic pay provided in subpart

21 D of part III of title 5 for positions subject to that title
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1 which have corresponding levels of duties and responsibil2 ities. Except as otherwise provided by law, an employee

3 of the National Imagery and Mapping Agency may not

4 be paid basic pay at a rate in excess of the maximum rate

5 payable under section 5376 of title 5.

6 ‘‘(2) The Secretary of Defense may provide employees

7 in positions of the National Imagery and Mapping Agency

8 compensation (in addition to basic pay under paragraph

9 (1)) and benefits, incentives, and allowances consistent

10 with, and not in excess of the levels authorized for, com11 parable positions authorized by title 5.

12 ‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary

13 of Defense may, consistent with section 5341 of title 5,

14 adopt such provisions of that title as provide for prevailing

15 rate systems of basic pay and may apply those provisions

16 to positions in or under which the National Imagery and

17 Mapping Agency may employ individuals described in sec18 tion 5342(a)(2)(A) of such title.

19 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND

20 ENVIRONMENT FOR EMPLOYEES STATIONED OUTSIDE

21 CONTINENTAL UNITED STATES OR IN ALASKA.—(1) In

22 addition to the basic compensation payable under sub23 section (b), employees of the National Imagery and Map24 ping Agency described in paragraph (3) may be paid an

25 allowance, in accordance with regulations prescribed by
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1 the Secretary of Defense, at a rate not in excess of the

2 allowance authorized to be paid under section 5941(a) of

3 title 5 for employees whose rates of basic pay are fixed

4 by statute.

5 ‘‘(2) Such allowance shall be based on—

6 ‘‘(A) living costs substantially higher than in

7 the District of Columbia;

8 ‘‘(B) conditions of environment which—

9 ‘‘(i) differ substantially from conditions of

10 environment in the continental United States;

11 and

12 ‘‘(ii) warrant an allowance as a recruit13 ment incentive; or

14 ‘‘(C) both of those factors.

15 ‘‘(3) This subsection applies to employees who—

16 ‘‘(A) are citizens or nationals of the United

17 States; and

18 ‘‘(B) are stationed outside the continental Unit19 ed States or in Alaska.

20 ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Notwith21 standing any other provision of law, the Secretary of De22 fense may terminate the employment of any employee of

23 the National Imagery and Mapping Agency if the Sec24 retary—
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1 ‘‘(A) considers such action to be in the interests

2 of the United States; and

3 ‘‘(B) determines that the procedures prescribed

4 in other provisions of law that authorize the termi5 nation of the employment of such employee cannot

6 be invoked in a manner consistent with the national

7 security.

8 ‘‘(2) A decision by the Secretary of Defense to termi9 nate the employment of an employee under this subsection

10 is final and may not be appealed or reviewed outside the

11 Department of Defense.

12 ‘‘(3) The Secretary of Defense shall promptly notify

13 the Committee on National Security and the Permanent

14 Select Committee on Intelligence of the House of Rep15 resentatives and the Committee on Armed Services and

16 the Select Committee on Intelligence of the Senate when17 ever the Secretary terminates the employment of any em18 ployee under the authority of this subsection.

19 ‘‘(4) Any termination of employment under this sub20 section shall not affect the right of the employee involved

21 to seek or accept employment with any other department

22 or agency of the United States if that employee is declared

23 eligible for such employment by the Director of the Office

24 of Personnel Management.
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1 ‘‘(5) The authority of the Secretary of Defense under

2 this subsection may be delegated only to the Deputy Sec3 retary of Defense and the Director of the National Im4 agery and Mapping Agency. An action to terminate em5 ployment of an employee by any such officer may be ap6 pealed to the Secretary of Defense.

7 ‘‘(f) NATIONAL IMAGERY AND MAPPING SENIOR

8 LEVEL POSITIONS.—(1) In carrying out subsection (a)(1),

9 the Secretary may designate positions described in para10 graph (3) as National Imagery and Mapping Senior Level

11 positions.

12 ‘‘(2) Positions designated under this subsection shall

13 be treated as equivalent for purposes of compensation to

14 the senior level positions to which section 5376 of title

15 5 is applicable.

16 ‘‘(3) Positions that may be designated as National

17 Imagery and Mapping Senior Level positions are positions

18 in the National Imagery and Mapping Agency that (A)

19 are classified above the GS–15 level, (B) emphasize func20 tion expertise and advisory activity, but (C) do not have

21 the organizational or program management functions nec22 essary for inclusion in the National Imagery and Mapping

23 Senior Executive Service.

24 ‘‘(4) Positions referred to in paragraph (3) include

25 National Imagery and Mapping Senior Technical positions
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1 and National Imagery and Mapping Senior Professional

2 positions. For purposes of this subsection National Im3 agery and Mapping Senior Technical positions are posi4 tions covered by paragraph (3) if—

5 ‘‘(A) the positions involve—

6 ‘‘(i) research and development;

7 ‘‘(ii) test and evaluation;

8 ‘‘(iii) substantive analysis, liaison, or advi9 sory activity focusing on engineering, physical

10 sciences, computer science, mathematics, biol11 ogy, chemistry, medicine, or other closely relat12 ed scientific and technical fields; or

13 ‘‘(iv) intelligence disciplines including pro14 duction, collection, and operations in close asso15 ciation with any of the activities described in

16 clauses (i), (ii), and (iii) or related activities; or

17 ‘‘(B) the positions emphasize staff, liaison, ana18 lytical, advisory, or other activity focusing on intel19 ligence, law, finance and accounting, program and

20 budget, human resources management, training, in21 formation services, logistics, security, and other ap22 propriate fields.

23 ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OFFI24 CERS.—In this section, the term ‘employee’, with respect
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1 to the National Imagery and Mapping Agency, includes

2 any civilian officer of that agency.

3 ‘‘§ 462. National Imagery and Mapping Senior Execu4 tive Service

5 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

6 may establish a National Imagery and Mapping Senior

7 Executive Service for senior civilian personnel within the

8 National Imagery and Mapping Agency.

9 ‘‘(b) REQUIREMENTS FOR THE SERVICE.—In estab10 lishing a National Imagery and Mapping Senior Executive

11 Service the Secretary shall—

12 ‘‘(1) meet the requirements set forth for the

13 Senior Executive Service in section 3131 of title 5;

14 ‘‘(2) ensure that the National Imagery and

15 Mapping Senior Executive Service positions satisfy

16 requirements that are consistent with the provisions

17 of section 3132(a)(2) of title 5;

18 ‘‘(3) prescribe rates of pay for the National Im19 agery and Mapping Senior Executive Service that

20 are not in excess of the maximum rate of basic pay,

21 nor less than the minimum rate of basic pay, estab22 lished for the Senior Executive Service under section

23 5382 of title 5;

24 ‘‘(4) provide for adjusting the rates of pay at

25 the same time and to the same extent as rates of
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1 basic pay for the Senior Executive Service are ad2 justed;

3 ‘‘(5) provide a performance appraisal system for

4 the National Imagery and Mapping Senior Executive

5 Service that conforms to the provisions of sub6 chapter II of chapter 43 of title 5;

7 ‘‘(6) provide for removal consistent with section

8 3592 of title 5, and removal or suspension consistent

9 with subsections (a), (b), and (c) of section 7543 of

10 title 5 (except that any hearing or appeal to which

11 a member of the National Imagery and Mapping

12 Senior Executive Service is entitled shall be held or

13 decided pursuant to procedures established by the

14 Secretary of Defense);

15 ‘‘(7) permit the payment of performance awards

16 to members of the National Imagery and Mapping

17 Senior Executive Service consistent with the provi18 sions applicable to performance awards under sec19 tion 5384 of title 5;

20 ‘‘(8) provide that members of the National Im21 agery and Mapping Senior Executive Service may be

22 granted sabbatical leaves consistent with the provi23 sions of section 3396(c) of title 5; and

24 ‘‘(9) provide for the recertification of members

25 of the National Imagery and Mapping Senior Execu-
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1 tive Service consistent with the provisions of section

2 3393a of title 5.

3 ‘‘(c) AUTHORITY.—Except as otherwise provided in

4 subsection (b), the Secretary of Defense may—

5 ‘‘(1) make applicable to the National Imagery

6 and Mapping Senior Executive Service any of the

7 provisions of title 5 that are applicable to applicants

8 for or members of the Senior Executive Service; and

9 ‘‘(2) appoint, promote, and assign individuals to

10 positions established within the National Imagery

11 and Mapping Senior Executive Service without re12 gard to the provisions of title 5 governing appoint13 ments and other personnel actions in the competitive

14 service.

15 ‘‘(d) AWARD OF RANK.—The President, based on the

16 recommendations of the Secretary of Defense, may award

17 ranks to individuals who occupy positions in the National

18 Imagery and Mapping Senior Executive Service in a man19 ner consistent with the provisions of section 4507 of title

20 5.

21 ‘‘(e) DETAILS AND ASSIGNMENTS.—Notwithstanding

22 any other provisions of this section, the Secretary of De23 fense may detail or assign any member of the National

24 Imagery and Mapping Senior Executive Service to serve

25 in a position outside the National Imagery and Mapping
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1 Agency in which the member’s expertise and experience

2 may be of benefit to the National Imagery and Mapping

3 Agency or another Government agency. Any such member

4 shall not by reason of such detail or assignment lose any

5 entitlement or status associated with membership in the

6 National Imagery and Mapping Senior Executive Service.

7 ‘‘§ 463. Management rights

8 ‘‘(a) SCOPE.—If there is no obligation under the pro9 visions of chapter 71 of title 5 for the head of an agency

10 of the United States to consult or negotiate with a labor

11 organization on a particular matter by reason of that mat12 ter being covered by a provision of law or a Government13 wide regulation, the Director of the National Imagery and

14 Mapping Agency is not obligated to consult or negotiate

15 with a labor organization on that matter even if that provi16 sion of law or regulation is inapplicable to the National

17 Imagery and Mapping Agency.

18 ‘‘(b) BARGAINING UNITS.—The National Imagery

19 and Mapping Agency shall accord exclusive recognition to

20 a labor organization under section 7111 of title 5 only for

21 a bargaining unit that was recognized as appropriate for

22 the Defense Mapping Agency on the day before the date

23 on which employees and positions of the Defense Mapping

24 Agency in that bargaining unit became employees and po25 sitions of the National Imagery and Mapping Agency
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1 under the National Imagery and Mapping Agency Act of

2 1996 (subtitle B of title IX of the National Defense Au3 thorization Act for Fiscal Year 1997).

4 ‘‘(c) TERMINATION OF BARGAINING UNIT COVERAGE

5 OF POSITION MODIFIED TO AFFECT NATIONAL SECU6 RITY DIRECTLY.—(1) If the Director of the National Im7 agery and Mapping Agency determines that the respon8 sibilities of a position within a collective bargaining unit

9 should be modified to include intelligence, counterintel10 ligence, investigative, or security duties not previously as11 signed to that position and that the performance of the

12 newly assigned duties directly affects the national security

13 of the United States, then, upon such a modification of

14 the responsibilities of that position, the position shall cease

15 to be covered by the collective bargaining unit and the em16 ployee in that position shall cease to be entitled to rep17 resentation by a labor organization accorded exclusive rec18 ognition for that collective bargaining unit.

19 ‘‘(2) A determination described in paragraph (1) that

20 is made by the Director of the National Imagery and Map21 ping Agency may not be reviewed by the Federal Labor

22 Relations Authority or any court of the United States.

23 ‘‘SUBCHAPTER IV—DEFINITIONS

‘‘Sec.

‘‘471. Definitions.
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1 ‘‘§ 471. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) The term ‘function’ means any duty, obli4 gation, responsibility, privilege, activity, or program.

5 ‘‘(2)(A) The term ‘imagery’ means, except as

6 provided in subparagraph (B), a likeness or presen7 tation of any natural or manmade feature or related

8 object or activity and the positional data acquired at

9 the same time the likeness or representation was ac10 quired, including—

11 ‘‘(i) products produced by space-based na12 tional intelligence reconnaissance systems; and

13 ‘‘(ii) likenesses or presentations produced

14 by satellites, airborne platforms, unmanned aer15 ial vehicles, or other similar means.

16 ‘‘(B) The term does not include handheld or

17 clandestine photography taken by or on behalf of

18 human intelligence collection organizations.

19 ‘‘(3) The term ‘imagery intelligence’ means the

20 technical, geographic, and intelligence information

21 derived through the interpretation or analysis of im22 agery and collateral materials.

23 ‘‘(4) The term ‘geospatial information’ means

24 information that identifies the geographic location

25 and characteristics of natural or constructed fea26 tures and boundaries on the earth and includes—
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•S 1762 PCS

1 ‘‘(A) statistical data and information de2 rived from, among other things, remote sensing,

3 mapping, and surveying technologies;

4 ‘‘(B) mapping, charting, and geodetic data;

5 and

6 ‘‘(C) geodetic products, as defined in sec7 tion 455(c) of this title.’’.

8 (b) TRANSFER OF CHAPTER 167 PROVISIONS.—Sec9 tions 2792, 2793, 2794, 2795, 2796, and 2798 of title

10 10, United States Code, are transferred to subchapter II

11 of chapter 22 of such title, as added by subsection (a),

12 are inserted in that sequence in such subchapter following

13 the table of sections, and are redesignated in accordance

14 with the following table:

Section Section as

transferred redesignated

2792 .................................................................................................. 451

2793 .................................................................................................. 452

2794 .................................................................................................. 453

2795 .................................................................................................. 454

2796 .................................................................................................. 455

2798 .................................................................................................. 456.

15 (c) CONSULTATION ON APPOINTMENT OF DIREC16 TOR.—Section 201 of title 10, United States Code, is

17 amended by striking out ‘‘or Director of the National Se18 curity Agency’’ and inserting in lieu thereof ‘‘, Director

19 of the National Security Agency, or Director of the Na20 tional Imagery and Mapping Agency’’.
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1 (d) OVERSIGHT OF AGENCY AS A COMBAT SUPPORT

2 AGENCY.—Section 193 of title 10, United States Code,

3 is amended—

4 (1) in subsection (d)—

5 (A) by striking out the caption and insert6 ing in lieu thereof ‘‘REVIEW OF NATIONAL SE7 CURITY AGENCY AND NATIONAL IMAGERY AND

8 MAPPING AGENCY.—’’;

9 (B) in paragraph (1)—

10 (i) by inserting ‘‘and the National Im11 agery and Mapping Agency’’ after ‘‘the

12 National Security Agency’’; and

13 (ii) by striking out ‘‘the Agency’’ and

14 inserting in lieu thereof ‘‘that the agen15 cies’’; and

16 (C) in paragraph (2), by inserting ‘‘and

17 the National Imagery and Mapping Agency’’

18 after ‘‘the National Security Agency’’;

19 (2) in subsection (e)—

20 (A) by striking out ‘‘DIA AND NSA’’ in

21 the caption and inserting in lieu thereof the fol22 lowing: ‘‘DIA, NSA, AND NIMA.—’’; and

23 (B) by striking out ‘‘and the National Se24 curity Agency’’ and inserting in lieu thereof ‘‘,
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1 the National Security Agency, and the National

2 Imagery and Mapping Agency’’; and

3 (3) in subsection (f), by striking out paragraph

4 (4) and inserting in lieu thereof the following:

5 ‘‘(4) The National Imagery and Mapping Agen6 cy.’’.

7 (e) SPECIAL PRINTING AUTHORITY FOR AGENCY.—

8 (1) Section 207(a)(2)(B) of the Legislative Branch Appro9 priations Act, 1993 (Public Law 102–392; 44 U.S.C. 501

10 note) is amended by inserting ‘‘National Imagery and

11 Mapping Agency,’’ after ‘‘Defense Intelligence Agency,’’.

12 (2) Section 1336 of title 44, United States Code, is

13 amended—

14 (A) by striking out ‘‘Secretary of the Navy’’

15 and inserting in lieu thereof ‘‘Director of the Na16 tional Imagery and Mapping Agency’’; and

17 (B) by striking out ‘‘United States Naval

18 Oceanographic Office’’ and inserting in lieu thereof

19 ‘‘National Imagery and Mapping Agency’’.

20 SEC. 922. TRANSFERS.

21 (a) DEPARTMENT OF DEFENSE.—The missions and

22 functions of the following elements of the Department of

23 Defense are transferred to the National Imagery and Map24 ping Agency:

25 (A) The Defense Mapping Agency.
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1 (B) The Central Imagery Office.

2 (C) Other elements of the Department of De3 fense as provided in the classified annex to this Act.

4 (b) CENTRAL INTELLIGENCE AGENCY.—The mis5 sions and functions of the following elements of the

6 Central Intelligence Agency are transferred to the Na7 tional Imagery and Mapping Agency:

8 (A) The National Photographic Interpretation

9 Center.

10 (B) Other elements of the Central Intelligence

11 Agency as provided in the classified annex to this

12 Act.

13 (c) PERSONNEL AND ASSETS.—(1) Subject to para14 graphs (2) and (3), the personnel, assets, unobligated bal15 ances of appropriations and authorizations of appropria16 tions, and, to the extent jointly determined appropriate by

17 the Secretary of Defense and Director of Central Intel18 ligence, obligated balances of appropriations and author19 izations of appropriations employed, used, held, arising

20 from, or available in connection with the missions and

21 functions transferred under subsection (a) or (b) are

22 transferred to the National Imagery and Mapping Agency.

23 A transfer may not be made under the preceding sentence

24 for any program or function for which funds are not ap25 propriated to the National Imagery and Mapping Agency
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1 for fiscal year 1997. Transfers of appropriations from the

2 Central Intelligence Agency under this paragraph shall be

3 made in accordance with section 1531 of title 31, United

4 States Code.

5 (2) Not earlier than two years after the effective date

6 of this subtitle, the Secretary of Defense and the Director

7 of Central Intelligence shall determine which, if any, posi8 tions and personnel of the Central Intelligence Agency are

9 to be transferred to the National Imagery and Mapping

10 Agency. The positions to be transferred, and the employ11 ees serving in such positions, shall be transferred to the

12 National Imagery and Mapping Agency under terms and

13 conditions prescribed by the Secretary of Defense and the

14 Director of Central Intelligence.

15 (3) If the National Photographic Interpretation Cen16 ter of the Central Intelligence Agency or any imagery-re17 lated activity of the Central Intelligence Agency author18 ized to be performed by the National Imagery and Map19 ping Agency is not completely transferred to the National

20 Imagery and Mapping Agency, the Secretary of Defense

21 and the Director of Central Intelligence shall—

22 (A) jointly determine which, if any, contracts,

23 leases, property, and records employed, used, held,

24 arising from, available to, or otherwise relating to
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•S 1762 PCS

1 such Center or activity is to be transferred to the

2 National Imagery and Intelligence Agency; and

3 (B) provide by written agreement for the trans4 fer of such items.

5 SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE

6 NATIONAL SECURITY ACT OF 1947.

7 (a) AGENCY FUNCTIONS.—Section 105(b) of the Na8 tional Security Act of 1947 (50 U.S.C. 403–5(b)) is

9 amended by striking out paragraph (2) and inserting in

10 lieu thereof the following:

11 ‘‘(2) through the National Imagery and Map12 ping Agency (except as otherwise directed by the

13 President or the National Security Council), with

14 appropriate representation from the intelligence

15 community, the continued operation of an effective

16 unified organization within the Department of De17 fense—

18 ‘‘(A) for carrying out tasking of imagery

19 collection;

20 ‘‘(B) for the coordination of imagery proc21 essing and exploitation activities;

22 ‘‘(C) for ensuring the dissemination of im23 agery in a timely manner to authorized recipi24 ents; and
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1 ‘‘(D) notwithstanding any other provision

2 of law, for—

3 ‘‘(i) prescribing technical architecture

4 and standards related to imagery intel5 ligence and geospatial information and en6 suring compliance with such architecture

7 and standards; and

8 ‘‘(ii) developing and fielding systems

9 of common concern related to imagery in10 telligence and geospatial information;’’.

11 (b) APPOINTMENT OF DIRECTOR.—Section 106 of

12 such Act (50 U.S.C. 403–6) is amended—

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

14 (2) in subsection (a)—

15 (A) by inserting ‘‘the National Imagery

16 and Mapping Agency,’’ after ‘‘the National Re17 connaissance Office,’’; and

18 (B) by striking out ‘‘(a) CONSULTATION

19 WITH REGARD TO CERTAIN APPOINT20 MENTS.—’’.

21 SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

22 (a) COMPARABLE TREATMENT WITH OTHER INTEL23 LIGENCE SENIOR EXECUTIVE SERVICES.—Title 5, United

24 States Code, is amended as follows:
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•S 1762 PCS

1 (1) In section 2108(3), by inserting ‘‘the Na2 tional Imagery and Mapping Senior Executive Serv3 ice,’’ after ‘‘the Senior Cryptologic Executive Serv4 ice,’’ in the matter following subparagraph (F)(iii).

5 (2) In section 6304(f)(1), by—

6 (A) by striking out ‘‘or’’ at the end of sub7 paragraph (D);

8 (B) by striking out the period at the end

9 of in subparagraph (E) and inserting in lieu

10 thereof ‘‘; or’’; and

11 (C) by adding at the end the following:

12 ‘‘(F) the National Imagery and Mapping

13 Senior Executive Service.’’.

14 (3) In sections 8336(h)(2) and 8414(a)(2), by

15 striking out ‘‘or the Senior Cryptologic Executive

16 Service’’ and inserting in lieu thereof ‘‘, the Senior

17 Cryptologic Executive Service, or the National Im18 agery and Mapping Senior Executive Service’’.

19 (b) CENTRAL IMAGERY OFFICE PERSONNEL MAN20 AGEMENT AUTHORITIES.—

21 (1) NONDUPLICATION OF COVERAGE BY DE22 FENSE INTELLIGENCE SENIOR EXECUTIVE SERV23 ICE.—Section 1601 of title 10, United States Code,

24 is amended—
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1 (A) in subsection (a), by striking out ‘‘and

2 the Central Imagery Office’’;

3 (B) in subsection (d), by striking out ‘‘or

4 the Central Imagery Office in which the mem5 ber’s expertise and experience may be of benefit

6 to the Defense Intelligence Agency, the Central

7 Imagery Office,’’ in the first sentence and in8 serting in lieu thereof ‘‘in which the member’s

9 expertise and experience may be of benefit to

10 the Defense Intelligence Agency’’; and

11 (C) in subsection (e), by striking out ‘‘and

12 the Central Imagery Office’’ in the first sen13 tence.

14 (2) MERIT PAY.—Section 1602 of such title is

15 amended by striking out ‘‘and Central Imagery Of16 fice’’.

17 (3) MISCELLANEOUS AUTHORITIES.—Sub18 section 1604 of such title is amended—

19 (A) in subsection (a)(1)—

20 (i) by striking out ‘‘and the Central

21 Imagery Office’’; and

22 (ii) by striking out ‘‘and Office’’;

23 (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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•S 1762 PCS

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 (c) NATIONAL SECURITY ACT OF 1947.—(1) The

22 heading of section 106 of the National Security Act of

23 1947 (50 U.S.C. 403–6) is amended to read as follows:
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1 ‘‘CONSULTATION WITH REGARD TO CERTAIN

2 APPOINTMENTS’’.

3 (2) The item relating to such section in the table of

4 contents in the first section of such Act is amended to

5 read as follows:

‘‘Sec. 106. Consultation with regard to certain appointments.’’.

6 SEC. 934. EFFECTIVE DATES.

7 (a) IN GENERAL.—Except as provided in subsection

8 (b), this subtitle and the amendments made by this sub9 title shall take effect on the later of October 1, 1996, or

10 the date of the enactment of an Act appropriating funds

11 for fiscal year 1997 for the National Imagery and Map12 ping Agency.

13 (b) EXCEPTION.—Section 928 shall take effect on the

14 date of the enactment of this Act.

15 TITLE X—GENERAL PROVISIONS

16 Subtitle A—Financial Matters

17 SEC. 1001. TRANSFER AUTHORITY.

18 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

19 (1) Upon determination by the Secretary of Defense that

20 such action is necessary in the national interest, the Sec21 retary may transfer amounts of authorizations made avail22 able to the Department of Defense in this division for fis23 cal year 1997 between any such authorizations for that

24 fiscal year (or any subdivisions thereof). Amounts of au25 thorizations so transferred shall be merged with and be
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1 available for the same purposes as the authorization to

2 which transferred.

3 (2) The total amount of authorizations that the Sec4 retary of Defense may transfer under the authority of this

5 section may not exceed $2,000,000,000.

6 (b) LIMITATIONS.—The authority provided by this

7 section to transfer authorizations—

8 (1) may only be used to provide authority for

9 items that have a higher priority than the items

10 from which authority is transferred; and

11 (2) may not be used to provide authority for an

12 item that has been denied authorization by Con13 gress.

14 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

15 transfer made from one account to another under the au16 thority of this section shall be deemed to increase the

17 amount authorized for the account to which the amount

18 is transferred by an amount equal to the amount trans19 ferred.

20 (d) NOTICE TO CONGRESS.—The Secretary shall

21 promptly notify Congress of each transfer made under

22 subsection (a).
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1 SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UN2 AUTHORIZED FISCAL YEAR 1996 DEFENSE AP3 PROPRIATIONS.

4 (a) AUTHORITY.—The amounts described in sub5 section (b) may be obligated and expended for programs,

6 projects, and activities of the Department of Defense in

7 accordance with fiscal year 1996 defense appropriations.

8 (b) COVERED AMOUNTS.—The amounts referred to

9 in subsection (a) are the amounts provided for programs,

10 projects, and activities of the Department of Defense in

11 fiscal year 1996 defense appropriations that are in excess

12 of the amounts provided for such programs, projects, and

13 activities in fiscal year 1996 defense authorizations.

14 (c) DEFINITIONS.—For the purposes of this section:

15 (1) FISCAL YEAR 1996 DEFENSE APPROPRIA16 TIONS.—The term ‘‘fiscal year 1996 defense appro17 priations’’ means amounts appropriated or otherwise

18 made available to the Department of Defense for fis19 cal year 1996 in the Department of Defense Appro20 priations Act, 1996 (Public Law 104–61).

21 (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA22 TIONS.—The term ‘‘fiscal year 1996 defense author23 izations’’ means amounts authorized to be appro24 priated for the Department of Defense for fiscal

25 year 1996 in the National Defense Authorization

26 Act for Fiscal Year 1996 (Public Law 104–106).
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1 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUP2 PLEMENTAL APPROPRIATIONS FOR FISCAL

3 YEAR 1996.

4 Amounts authorized to be appropriated to the De5 partment of Defense for fiscal year 1996 in the National

6 Defense Authorization Act for Fiscal Year 1996 (Public

7 Law 104–106) are hereby adjusted, with respect to any

8 such authorized amount, by the amount by which appro9 priations pursuant to such authorization were increased

10 (by a supplemental appropriation) or decreased (by a re11 scission), or both, in the Omnibus Consolidated Rescis12 sions and Appropriations Act of 1996 (Public Law 104–

13 134).

14 SEC. 1004. USE OF FUNDS TRANSFERRED TO THE COAST

15 GUARD.

16 (a) LIMITATION.—Funds appropriated to the Depart17 ment of Defense for fiscal year 1997 that are transferred

18 to the Coast Guard may be used only for the performance

19 of national security functions of the Coast Guard in sup20 port of the Department of Defense.

21 (b) CERTIFICATION REQUIRED.—Funds described in

22 subsection (a) may not be transferred to the Coast Guard

23 until the Secretary of Defense and the Secretary of Trans24 portation jointly certify to Congress that the funds so

25 transferred will be used only as described in subsection

26 (a).
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1 (c) GAO AUDIT.—The Comptroller General of the

2 United States shall—

3 (1) audit, from time to time, the use of funds

4 transferred to the Coast Guard from appropriations

5 for the Department of Defense for fiscal year 1997

6 in order to verify that the funds are being used in

7 accordance with the limitation in subsection (a); and

8 (2) notify the congressional defense committees

9 of any use of such funds that, in the judgment of

10 the Comptroller General, is a significant violation of

11 such limitation.

12 SEC. 1005. USE OF MILITARY-TO-MILITARY CONTACTS

13 FUNDS FOR PROFESSIONAL MILITARY EDU14 CATION AND TRAINING.

15 Section 168(c) of title 10, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(9) Military education and training for mili18 tary and civilian personnel of foreign countries (in19 cluding transportation expenses, expenses for trans20 lation services, and administrative expenses to the

21 extent that the expenses are related to the providing

22 of such education and training to such personnel).’’.
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1 SEC. 1006. PAYMENT OF CERTAIN EXPENSES RELATING TO

2 HUMANITARIAN AND CIVIC ASSISTANCE.

3 Section 401(c) of title 10, United States Code, is

4 amended—

5 (1) by redesignating paragraph (2) as para6 graph (3); and

7 (2) by inserting after paragraph (1) the follow8 ing new paragraph (2):

9 ‘‘(2) Expenses covered by paragraph (1) include the

10 following expenses incurred in the providing of assistance

11 described in subsection (e)(5):

12 ‘‘(A) Travel, transportation, and subsistence ex13 penses of Department of Defense personnel provid14 ing the assistance.

15 ‘‘(B) The cost of any equipment, services, or

16 supplies acquired for the purpose of providing the

17 assistance.’’.

18 SEC. 1007. PROHIBITION ON EXPENDITURE OF DEPART19 MENT OF DEFENSE FUNDS BY OFFICIALS

20 OUTSIDE THE DEPARTMENT.

21 (a) PROHIBITION.—Section 2215 of title 10, United

22 States Code, is amended to read as follows:
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1 ‘‘§ 2215. Prohibition on expenditure of Department of

2 Defense intelligence funds by officials

3 outside the department

4 ‘‘(a) IN GENERAL.—Funds appropriated for the De5 partment of Defense for intelligence activities of that de6 partment may not be obligated or expended by an officer

7 or employee of the United States who is not an officer

8 or employee of the Department of Defense.

9 ‘‘(b) DELEGATION OF AUTHORITY PROHIBITED.—An

10 officer or employee of the Department of Defense may not

11 delegate to an officer or employee of the United States

12 who is not an officer or employee of the Department of

13 Defense any authority to obligate or expend funds de14 scribed in subsection (a).’’.

15 (b) CLERICAL AMENDMENT.—The item relating to

16 such section in the table of sections at the beginning of

17 chapter 131 is amended to read as follows:

‘‘2215. Prohibition on expenditure of Department of Defense intelligence funds

by officials outside the department.’’.

18 SEC. 1008. PROHIBITION ON USE OF FUNDS FOR OFFICE OF

19 NAVAL INTELLIGENCE REPRESENTATION OR

20 RELATED ACTIVITIES.

21 None of the funds authorized to be appropriated by

22 this Act or otherwise made available for the Navy for fiscal

23 year 1997 may be obligated or expended by the Office of
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1 Naval Intelligence for official representation activities or

2 related activities.

3 SEC. 1009. REIMBURSEMENT OF DEPARTMENT OF DEFENSE

4 FOR COSTS OF DISASTER ASSISTANCE PRO5 VIDED OUTSIDE THE UNITED STATES.

6 Section 404 of title 10, United States Code, is

7 amended—

8 (1) by redesignating subsection (d) as sub9 section (e); and

10 (2) by inserting after subsection (c) the follow11 ing new subsection (d):

12 ‘‘(d) REIMBURSEMENT POLICY.—It is the sense of

13 Congress that, whenever the President directs the Sec14 retary of Defense to provide disaster assistance outside the

15 United States under subsection (a)—

16 ‘‘(1) the President should direct the Adminis17 trator of the Agency for International Development

18 to reimburse the Department of Defense for the cost

19 to the Department of Defense of the assistance pro20 vided; and

21 ‘‘(2) a reimbursement by the Administrator

22 should be paid out of funds available under chapter

23 9 of part I of the Foreign Assistance Act of 1961

24 for international disaster assistance for the fiscal

25 year in which the cost is incurred.’’.
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1 SEC. 1010. FISHER HOUSE TRUST FUND FOR THE NAVY.

2 (a) AUTHORITY.—Section 2221 of title 10, United

3 States Code, is amended—

4 (1) in subsection (a), by adding at the end the

5 following:

6 ‘‘(3) The Fisher House Trust Fund, Depart7 ment of the Navy.’’;

8 (2) in subsection (c)—

9 (A) by redesignating paragraph (3) as

10 paragraph (4); and

11 (B) by inserting after paragraph (2) the

12 following new paragraph (3):

13 ‘‘(3) Amounts in the Fisher House Trust Fund, De14 partment of the Navy, that are attributable to earnings

15 or gains realized from investments shall be available for

16 the operation and maintenance of Fisher houses that are

17 located in proximity to medical treatment facilities of the

18 Navy.’’; and

19 (3) in subsection (d)(1), by striking out ‘‘or the

20 Air Force’’ and inserting in lieu thereof ‘‘, the Air

21 Force, or the Navy’’.

22 (b) CORPUS OF TRUST FUNDS.—The Secretary of

23 the Navy shall transfer to the Fisher House Trust Fund,

24 Department of the Navy, established by section

25 2221(a)(3) of title 10, United States Code (as added by

26 subsection (a)(1)), all amounts in the accounts for Navy
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1 installations and other facilities that, as of the date of the

2 enactment of this Act, are available for operation and

3 maintenance of Fisher houses, as defined in section

4 2221(d) of such title.

5 (c) CONFORMING AMENDMENTS.—Section 1321 of

6 title 31, United States Code, is amended—

7 (1) in subsection (a), by adding at the end the

8 following:

9 ‘‘(94) Fisher House Trust Fund, Department

10 of the Navy.’’; and

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

12 the following:

13 ‘‘(D) Fisher House Trust Fund, Department of

14 the Navy.’’.

15 SEC. 1011. DESIGNATION AND LIABILITY OF DISBURSING

16 AND CERTIFYING OFFICIALS FOR THE COAST

17 GUARD.

18 (a) DISBURSING OFFICIALS.—(1) Section 3321(c) of

19 title 31, United States Code, is amended by adding at the

20 end the following:

21 ‘‘(3) The Department of Transportation (with

22 respect to public money available for expenditure by

23 the Coast Guard when it is not operating as a serv24 ice in the Navy).’’.
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1 (2)(A) Chapter 17 of title 14, United States Code,

2 is amended by adding at the end the following:

3 ‘‘§ 673. Designation, powers, and accountability of

4 deputy disbursing officials

5 ‘‘(a)(1) Subject to paragraph (3), a disbursing official

6 of the Coast Guard may designate a deputy disbursing of7 ficial—

8 ‘‘(A) to make payments as the agent of the dis9 bursing official;

10 ‘‘(B) to sign checks drawn on disbursing ac11 counts of the Secretary of the Treasury; and

12 ‘‘(C) to carry out other duties required under

13 law.

14 ‘‘(2) The penalties for misconduct that apply to a dis15 bursing official apply to a deputy disbursing official des16 ignated under this subsection.

17 ‘‘(3) A disbursing official may make a designation

18 under paragraph (1) only with the approval of the Sec19 retary of Transportation (when the Coast Guard is not

20 operating as a service in the Navy).

21 ‘‘(b)(1) If a disbursing official of the Coast Guard

22 dies, becomes disabled, or is separated from office, a dep23 uty disbursing official may continue the accounts and pay24 ments in the name of the former disbursing official until

25 the last day of the second month after the month in which
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1 the death, disability, or separation occurs. The accounts

2 and payments shall be allowed, audited, and settled as pro3 vided by law. The Secretary of the Treasury shall honor

4 checks signed in the name of the former disbursing official

5 in the same way as if the former disbursing official had

6 continued in office.

7 ‘‘(2) The deputy disbursing official, and not the

8 former disbursing official or the estate of the former dis9 bursing official, is liable for the actions of the deputy dis10 bursing official under this subsection.

11 ‘‘(c)(1) Except as provided in paragraph (2), this sec12 tion does not apply to the Coast Guard when section 2773

13 of title 10 applies to the Coast Guard by reason of the

14 operation of the Coast Guard as a service in the Navy.

15 ‘‘(2) A designation of a deputy disbursing official

16 under subsection (a) that is made while the Coast Guard

17 is not operating as a service in the Navy continues in ef18 fect for purposes of section 2773 of title 10 while the

19 Coast Guard operates as a service in the Navy unless and

20 until the designation is terminated by the disbursing offi21 cial who made the designation or an official authorized

22 to approve such a designation under subsection (a)(3) of

23 such section.’’.

24 (B) The table of sections at the beginning of such

25 chapter is amended by adding at the end the following:

‘‘673. Designation, powers, and accountability of deputy disbursing officials.’’.
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1 (b) DESIGNATION OF MEMBERS OF THE ARMED

2 FORCES TO HAVE AUTHORITY TO CERTIFY VOUCH3 ERS.—Section 3325(b) of title 31, United States Code, is

4 amended by striking out ‘‘members of the armed forces

5 under the jurisdiction of the Secretary of Defense may cer6 tify vouchers when authorized, in writing, by the Secretary

7 to do so’’ and inserting in lieu thereof ‘‘members of the

8 armed forces may certify vouchers when authorized, in

9 writing, by the Secretary of Defense or, in the case of the

10 Coast Guard when it is not operating as a service in the

11 Navy, by the Secretary of Transportation’’.

12 (c) CONFORMING AMENDMENTS.—(1) Section

13 1007(a) of title 37, United States Code, is amended by

14 inserting after ‘‘Secretary of Defense’’ the following: ‘‘(or

15 the Secretary of Transportation, in the case of an officer

16 of the Coast Guard when the Coast Guard is not operating

17 as a service in the Navy)’’.

18 (2) Section 3527(b)(1) of title 31, United States

19 Code, is amended—

20 (A) in subparagraph (A)(i), by inserting after

21 ‘‘Department of Defense’’ the following: ‘‘(or the

22 Secretary of Transportation, in the case of a dis23 bursing official of the Coast Guard when the Coast

24 Guard is not operating as a service in the Navy)’’;

25 and
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1 (B) in subparagraph (B), by inserting after ‘‘or

2 the Secretary of the appropriate military depart3 ment’’ the following: ‘‘(or the Secretary of Transpor4 tation, in the case of a disbursing official of the

5 Coast Guard when the Coast Guard is not operating

6 as a service in the Navy)’’.

7 SEC. 1012. AUTHORITY TO SUSPEND OR TERMINATE COL8 LECTION ACTIONS AGAINST DECEASED MEM9 BERS OF THE COAST GUARD.

10 Section 3711(g) of title 31, United States Code, is

11 amended—

12 (1) in paragraph (1), by striking out ‘‘or Ma13 rine Corps’’ and inserting in lieu thereof ‘‘Marine

14 Corps, or Coast Guard’’;

15 (2) by redesignating paragraph (2) as para16 graph (3); and

17 (3) by inserting after paragraph (1) the follow18 ing new paragraph (2):

19 ‘‘(2) The Secretary of Transportation may suspend

20 or terminate an action by the Secretary under subsection

21 (a) to collect a claim against the estate of a person who

22 died while serving on active duty as a member of the Coast

23 Guard if the Secretary determines that, under the cir24 cumstances applicable with respect to the deceased person,

25 it is appropriate to do so.’’.
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1 SEC. 1013. CHECK CASHING AND EXCHANGE TRANS2 ACTIONS WITH CREDIT UNIONS OUTSIDE THE

3 UNITED STATES.

4 Section 3342(b) of title 31, United States Code, is

5 amended—

6 (1) by striking out ‘‘and’’ at the end of para7 graph (5);

8 (2) by striking out the period at the end of

9 paragraph (6) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (3) by adding at the end the following:

12 ‘‘(7) a Federal credit union (as defined in sec13 tion 101(1) of the Federal Credit Union Act (12

14 U.S.C. 1752(1)) that is operating at Department of

15 Defense invitation in a foreign country where con16 tractor-operated military banking facilities are not

17 available.’’.

18 Subtitle B—Naval Vessels and

19 Shipyards

20 SEC. 1021. AUTHORITY TO TRANSFER NAVAL VESSELS.

21 (a) EGYPT.—The Secretary of the Navy may transfer

22 to the Government of Egypt the ‘‘OLIVER HAZARD

23 PERRY’’ frigate GALLERY. Such transfer shall be on

24 a sales basis under section 21 of the Arms Export Control

25 Act (22 U.S.C. 2761; relating to the foreign military sales

26 program).
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1 (b) MEXICO.—The Secretary of the Navy may trans2 fer to the Government of Mexico the ‘‘KNOX’’ class frig3 ates STEIN (FF 1065) and MARVIN SHIELDS (FF

4 1066). Such transfers shall be on a sales basis under sec5 tion 21 of the Arms Export Control Act (22 U.S.C. 2761).

6 (c) NEW ZEALAND.—The Secretary of the Navy may

7 transfer to the Government of New Zealand the ‘‘STAL8 WART’’ class ocean surveillance ship TENACIOUS. Such

9 transfer shall be on a sales basis under section 21 of the

10 Arms Export Control Act (22 U.S.C. 2761).

11 (d) PORTUGAL.—The Secretary of the Navy may

12 transfer to the Government of Portugal the ‘‘STAL13 WART’’ class ocean surveillance ship AUDACIOUS. Such

14 transfer shall be on a grant basis under section 516 of

15 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j; re16 lating to transfers of excess defense articles).

17 (e) TAIWAN.—The Secretary of the Navy may trans18 fer to the Taipei Economic and Cultural Representative

19 Office in the United States (which is the Taiwan instru20 mentality designated pursuant to section 10(a) of the Tai21 wan Relations Act) the following:

22 (1) The ‘‘KNOX’’ class frigates AYLWIN (FF

23 1081), PHARRIS (FF 1094), and VALDEZ (FF

24 1096). Such transfers shall be on a sales basis under
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1 section 21 of the Arms Export Control Act (22

2 U.S.C. 2761).

3 (2) The ‘‘NEWPORT’’ class tank landing ship

4 NEWPORT (LST 1179). Such transfer shall be on

5 a lease basis under section 61 of the Arms Export

6 Control Act (22 U.S.C. 2796).

7 (f) THAILAND.—The Secretary of the Navy may

8 transfer to the Government of Thailand the ‘‘KNOX’’

9 class frigate OUELLET (FF 1077). Such transfer shall

10 be on a sales basis under section 21 of the Arms Export

11 Control Act (22 U.S.C. 2761).

12 (g) COSTS OF TRANSFER.—Any expense of the Unit13 ed States in connection with a transfer authorized by this

14 section shall be charged to the recipient.

15 (h) REPAIR AND REFURBISHMENT OF VESSELS.—

16 The Secretary of the Navy shall require, to the maximum

17 extent possible, as a condition of a transfer of a vessel

18 under this section, that the country to which the vessel

19 is transferred have such repair or refurbishment of the

20 vessel as is needed, before the vessel joins the naval forces

21 of that country, performed at a shipyard located in the

22 United States, including a United States Navy shipyard.

23 (i) EXPIRATION OF AUTHORITY.—Any authority for

24 transfer granted by this section shall expire at the end
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1 of the 2-year period beginning on the date of the enact2 ment of this Act.

3 SEC. 1022. TRANSFER OF CERTAIN OBSOLETE TUGBOATS

4 OF THE NAVY.

5 (a) REQUIREMENT TO TRANSFER VESSELS.—The

6 Secretary of the Navy shall transfer the six obsolete tug7 boats of the Navy specified in subsection (b) to the North8 east Wisconsin Railroad Transportation Commission, an

9 instrumentality of the State of Wisconsin. Such transfers

10 shall be made without reimbursement to the United

11 States.

12 (b) VESSELS COVERED.—The requirement in sub13 section (a) applies to the six decommissioned Cherokee

14 class tugboats, listed as of the date of the enactment of

15 this Act as being surplus to the Navy, that are designated

16 as ATF–105, ATF–110, ATF–149, ATF–158, ATF–159,

17 and ATF–160.

18 (c) CONDITION RELATING TO ENVIRONMENTAL COM19 PLIANCE.—The Secretary shall require as a condition of

20 the transfer of a vessel under subsection (a) that use of

21 the vessel by the Commission not commence until the

22 terms of any necessary environmental compliance letter or

23 agreement with respect to that vessel have been complied

24 with.
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary may require such additional terms and condi3 tions (including a requirement that the transfer be at no

4 cost to the Government) in connection with the transfers

5 required by subsection (a) as the Secretary considers ap6 propriate.

7 SEC. 1023. REPEAL OF REQUIREMENT FOR CONTINUOUS

8 APPLICABILITY OF CONTRACTS FOR PHASED

9 MAINTENANCE OF AE CLASS SHIPS.

10 Section 1016 of the National Defense Authorization

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

12 425) is repealed.

13 SEC. 1024. CONTRACT OPTIONS FOR LMSR VESSELS.

14 (a) FINDINGS.—Congress reaffirms the findings set

15 forth in section 1013(a) of the National Defense Author16 ization Act for Fiscal Year 1996 (Public Law 104–106;

17 110 Stat. 422), and makes the following modifications and

18 supplemental findings:

19 (1) Since the findings set forth in section

20 1013(a) of such Act were originally formulated, the

21 Secretary of the Navy has exercised options for the

22 acquisition of two of the six additional large, me23 dium-speed, roll-on/roll-off (LMSR) vessels that may

24 be acquired by exercise of options provided for under
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1 contracts covering the acquisition of a total of 17

2 LMSR vessels.

3 (2) Therefore, under those contracts, the Sec4 retary has placed orders for the acquisition of 13

5 LMSR vessels and has remaining options for the ac6 quisition of four more LMSR vessels, all of which

7 would be new construction vessels.

8 (3) The remaining options allow the Secretary

9 to place orders for one vessel to be constructed at

10 each of two shipyards for award before December

11 31, 1996, and December 31, 1997, respectively.

12 (b) SENSE OF CONGRESS.—Congress also reaffirms

13 its declaration of the sense of Congress, as set forth in

14 section 1013(b) of Public Law 104–106, that the Sec15 retary of the Navy should plan for, and budget to provide

16 for, the acquisition as soon as possible of a total of 19

17 large, medium-speed, roll-on/roll-off (LMSR) vessels (the

18 number determined to be required in the report entitled

19 ‘‘Mobility Requirements Study Bottom-Up Review Up20 date’’, submitted by the Secretary of Defense to Congress

21 in April 1995), rather than only 17 such vessels (which

22 is the number of vessels under contract as of April 1996).

23 (c) ADDITIONAL NEW CONSTRUCTION CONTRACT

24 OPTION.—The Secretary of the Navy should negotiate

25 with each of the two shipyards holding new construction
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1 contracts referred to in subsection (a)(1) (Department of

2 the Navy contracts numbered N00024–93–C–2203 and

3 N00024–93–C–2205) for an option under each such con4 tract for construction of one additional such LMSR vessel,

5 with such option to be available to the Secretary for exer6 cise not earlier than fiscal year 1998, subject to the avail7 ability of funds authorized and appropriated for such pur8 pose. Nothing in this subsection shall be construed to pre9 clude the Secretary of the Navy from competing the award

10 of the two options between the two shipyards holding new

11 construction contracts referred to in subsection (a)(1).

12 (d) REPORT.—The Secretary of the Navy shall sub13 mit to the congressional defense committees, by March 31,

14 1997, a report stating the intentions of the Secretary re15 garding the acquisition of options for the construction of

16 two additional LMSR vessels as described in subsection

17 (c).

18 (e) REPEAL OF SUPERSEDED PROVISION.—Section

19 1013 of the National Defense Authorization Act for Fiscal

20 Year 1996 (Public Law 104–106; 110 Stat 422) is amend21 ed by striking out subsection (c).
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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.—The Secretary of Defense may, during fiscal year

7 1997, provide the Government of Mexico the support de8 scribed in subsection (b) for the counter-drug activities of

9 the Government of Mexico. Such support shall be in addi10 tion to support provided the Government of Mexico under

11 any other provision of law.

12 (b) TYPES OF SUPPORT.—The Secretary may provide

13 the following support under subsection (a):

14 (1) The transfer of spare parts and non-lethal

15 equipment and materiel, including radios, night vi16 sion goggles, global positioning systems, uniforms,

17 command, control, communications, and intelligence

(C3 18 I) integration equipment, detection equipment,

19 and monitoring equipment.

20 (2) The maintenance and repair of equipment

21 of the Government of Mexico that is used for

22 counter-narcotics activities.

23 (c) APPLICABILITY OF OTHER SUPPORT AUTHORI24 TIES.—Except as otherwise provided in this section, the

25 provisions of section 1004 of the National Defense Au-
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1 thorization Act for Fiscal Year 1991 (10 U.S.C. 374 note)

2 shall apply to the provision of support under this section.

3 (d) FUNDING.—Of the amounts authorized to be ap4 propriated for fiscal year 1997 for the Department of De5 fense for drug interdiction and counter-drug activities, not

6 more than $10,000,000 shall be available in that fiscal

7 year for the provision of support under this section.

8 SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NA9 TIONAL DRUG INTELLIGENCE CENTER.

10 (a) LIMITATION ON USE OF FUNDS.—Except as pro11 vided in subsection (b), funds appropriated or otherwise

12 made available for the Department of Defense pursuant

13 to this or any other Act may not be obligated or expended

14 for the National Drug Intelligence Center, Johnstown,

15 Pennsylvania.

16 (b) EXCEPTION.—If the Attorney General operates

17 the National Drug Intelligence Center using funds avail18 able for the Department of Justice, the Secretary of De19 fense may continue to provide Department of Defense in20 telligence personnel to support intelligence activities at the

21 Center. The number of such personnel providing support

22 to the Center after the date of the enactment of this Act

23 may not exceed the number of the Department of Defense

24 intelligence personnel who are supporting intelligence ac25 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 Subtitle E—Miscellaneous

7 Reporting Requirements

8 SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL

9 CONCEPTS.

10 (a) REPORT REQUIRED.—Not later than March 1 of

11 each year, the Chairman of the Joint Chiefs of Staff shall

12 submit to the Committee on Armed Services of the Senate

13 and the Committee on National Security of the House of

14 Representatives a report on emerging operational con15 cepts. The report shall contain a description, for the year

16 preceding the year in which submitted, of the following:

17 (1) The process undertaken in each of the

18 Army, Navy, Air Force, and Marine Corps to define

19 and develop doctrine, operational concepts, organiza20 tional concepts, and acquisition strategies based

21 on—

22 (A) the potential of emerging technologies

23 for significantly improving the operational effec24 tiveness of that armed force;
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1 (B) changes in the international order that

2 may necessitate changes in the operational ca3 pabilities of that armed force;

4 (C) emerging capabilities of potential ad5 versary states; and

6 (D) changes in defense budget projections

7 that put existing acquisition programs of the

8 service at risk.

9 (2) The manner in which the process under10 taken in each of the Army, Navy, Air Force, and

11 Marine Corps is harmonized with a joint vision and

12 with the similar processes of the other armed forces

13 to ensure that there is a sufficient consideration of

14 the development of joint doctrine, operational con15 cepts, and acquisition strategies.

16 (3) The manner in which the process under17 taken by each of the Army, Navy, Air Force, and

18 Marine Corps is coordinated through the Joint Re19 quirements Oversight Council or another entity to

20 ensure that the results of the process are considered

21 in the planning, programming, and budgeting proc22 ess of the Department of Defense.

23 (4) Proposals under consideration by the Joint

24 Requirements Oversight Council or other entity

25 within the Department of Defense to modify the
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1 roles and missions of any of the Army, Navy, Air

2 Force, and Marine Corps as a result of the processes

3 described in paragraph (1).

4 (b) FIRST REPORT.—The first report under this sec5 tion shall be submitted not later than March 1, 1997.

6 (c) TERMINATION OF REQUIREMENT AFTER FOURTH

7 REPORT.—Notwithstanding subsection (a), no report is

8 required under this section after 2000.

9 SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND

10 TECHNOLOGY PLAN.

11 (a) ANNUAL PLAN REQUIRED.—On March 1 of each

12 year, the Secretary of Defense shall submit to the Com13 mittee on Armed Services of the Senate and the Commit14 tee on National Security of the House of Representatives

15 a plan for ensuring that the science and technology pro16 gram of the Department of Defense supports the develop17 ment of the future joint warfighting capabilities identified

18 as priority requirements for the Armed Forces.

19 (b) FIRST PLAN.—The first plan shall be submitted

20 not later than March 1, 1997.

21 SEC. 1053. REPORT ON MILITARY READINESS REQUIRE22 MENTS OF THE ARMED FORCES.

23 (a) REQUIREMENT.—Not later than January 31,

24 1997, the Chairman of the Joint Chiefs of Staff shall sub25 mit to the congressional defense committees a report on
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1 the military readiness requirements of the active and re2 serve components of the Armed Forces (including combat

3 units, combat support units, and combat service support

4 units) prepared by the officers referred to in subsection

5 (b). The report shall assess such requirements under a

6 tiered readiness and response system that categorizes a

7 given unit according to the likelihood that it will be re8 quired to respond to a military conflict and the time in

9 which it will be required to respond.

10 (b) OFFICERS.—The report required by subsection

11 (a) shall be prepared jointly by the Chief of Staff of the

12 Army, the Chief of Naval Operations, the Chief of Staff

13 of the Air Force, the Commandant of the Marine Corps,

14 and the Commander of the Special Operations Command.

15 (c) ASSESSMENT SCENARIO.—The report shall assess

16 readiness requirements in a scenario based on the follow17 ing assumptions:

18 (1) The conflict is in a generic theater of oper19 ations located anywhere in the world and does not

20 exceed the notional limits for a major regional con21 tingency.

22 (2) The forces available for deployment include

23 the forces described in the Bottom Up Review force

24 structure, including all planned force enhancements.

25 (3) Assistance is not available from allies.
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1 (d) ASSESSMENT ELEMENTS.—The report shall iden2 tify by unit type, and assess the readiness requirements

3 of, all active and reserve component units. Each such unit

4 shall be categorized within one of the following classifica5 tions:

6 (1) Forward-deployed and crisis response

7 forces, or ‘‘Tier I’’ forces, that possess limited inter8 nal sustainment capability and do not require imme9 diate access to regional air bases or ports or over10 flight rights, including the following:

11 (A) Force units that are routinely deployed

12 forward at sea or on land outside the United

13 States.

14 (B) Combat-ready crises response forces

15 that are capable of mobilizing and deploying

16 within 10 days after receipt of orders.

17 (C) Forces that are supported by

18 prepositioning equipment afloat or are capable

19 of being inserted into a theater upon the cap20 ture of a port or airfield by forcible entry

21 forces.

22 (2) Combat-ready follow-on forces, or ‘‘Tier II’’

23 forces, that can be mobilized and deployed to a thea24 ter within approximately 60 days after receipt of or25 ders.
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1 (3) Combat-ready conflict resolution forces, or

2 ‘‘Tier III’’ forces, that can be mobilized and de3 ployed to a theater within approximately 180 days

4 after receipt of orders.

5 (4) All other active and reserve component force

6 units which are not categorized within a classifica7 tion described in paragraph (1), (2), or (3).

8 (e) FORM OF REPORT.—The report under this sec9 tion shall be submitted in unclassified form but may con10 tain a classified annex.

11 Subtitle F—Other Matters

12 SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMEND13 MENTS.

14 (a) TECHNICAL AMENDMENT REGARDING FORFEIT15 URES DURING CONFINEMENT ADJUDGED BY A COURT16 MARTIAL.—(1) Section 858b(a)(1) of title 10, United

17 States Code (article 58b(a)(1) of the Uniform Code of

18 Military Justice), is amended—

19 (A) in the first sentence, by inserting ‘‘(if ad20 judged by a general court-martial)’’ after ‘‘all pay

21 and’’; and

22 (B) in the third sentence, by striking out ‘‘two23 thirds of all pay and allowances’’ and inserting in

24 lieu thereof ‘‘two-thirds of all pay’’.
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1 (2) The amendments made by paragraph (1) shall

2 take effect as of April 1, 1996, and shall apply to any

3 case in which a sentence is adjudged by a court-martial

4 on or after that date.

5 (b) EXCEPTED SERVICE APPOINTMENTS TO CERTAIN

6 NONATTORNEY POSITIONS OF THE UNITED STATES

7 COURT OF APPEALS FOR THE ARMED FORCES..—(1)

8 Subsection (c) of section 943 of title 10, United States

9 Code (article 143(c) of the Uniform Code of Military Jus10 tice) is amended in paragraph (1), by inserting after the

11 first sentence the following: ‘‘A position of employment

12 under the Court that is provided primarily for the service

13 of one judge of the court, reports directly to the judge,

14 and is a position of a confidential character is excepted

15 from the competitive service.’’.

16 (2) The caption for such subsection is amended by

17 striking out ‘‘ATTORNEY’’ in the subsection caption and

18 inserting in lieu thereof ‘‘CERTAIN’’.

19 SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLE20 MENT OF STRATEGIC NUCLEAR DELIVERY

21 SYSTEMS.

22 (a) FUNDING LIMITATION.—Funds available to the

23 Department of Defense may not be obligated or expended

24 during fiscal year 1997 for retiring or dismantling, or for
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1 preparing to retire or dismantle, any of the following stra2 tegic nuclear delivery systems:

3 (1) B–52H bomber aircraft.

4 (2) Trident ballistic missile submarines.

5 (3) Minuteman III intercontinental ballistic

6 missiles.

7 (4) Peacekeeper intercontinental ballistic mis8 siles.

9 (b) WAIVER AUTHORITY.—If the START II Treaty

10 enters into force during fiscal year 1997, the Secretary

11 of Defense may waive the application of the limitation

12 under paragraphs (2), (3), and (4) of subsection (a) to

13 Trident ballistic missile submarines, Minuteman III inter14 continental ballistic missiles, and Peacekeeper interconti15 nental ballistic missiles, respectively, to the extent that the

16 Secretary determines necessary in order to implement the

17 treaty.

18 (c) START II TREATY DEFINED.—In this section,

19 the term ‘‘START II Treaty’’ means the Treaty Between

20 the United States of America and the Russian Federation

21 on Further Reduction and Limitation of Strategic Offen22 sive Arms, signed at Moscow on January 3, 1993, includ23 ing the following protocols and memorandum of under24 standing, all such documents being integral parts of and
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1 collectively referred to as the ‘‘START II Treaty’’ (con2 tained in Treaty Document 103–1):

3 (1) The Protocol on Procedures Governing

4 Elimination of Heavy ICBMs and on Procedures

5 Governing Conversion of Silo Launchers of Heavy

6 ICBMs Relating to the Treaty Between the United

7 States of America and the Russian Federation on

8 Further Reduction and Limitation of Strategic Of9 fensive Arms (also known as the ‘‘Elimination and

10 Conversion Protocol’’).

11 (2) The Protocol on Exhibitions and Inspec12 tions of Heavy Bombers Relating to the Treaty Be13 tween the United States and the Russian Federation

14 on Further Reduction and Limitation of Strategic

15 Offensive Arms (also known as the ‘‘Exhibitions and

16 Inspections Protocol’’).

17 (3) The Memorandum of Understanding on

18 Warhead Attribution and Heavy Bomber Data Re19 lating to the Treaty Between the United States of

20 America and the Russian Federation on Further Re21 duction and Limitation of Strategic Offensive Arms

22 (also known as the ‘‘Memorandum on Attribution’’).
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1 SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT

2 OF DEFENSE ORGANIZATIONS.

3 (a) NORTH AMERICAN AEROSPACE DEFENSE COM4 MAND.—Section 162 of title 10, United States Code, is

5 amended in paragraphs (1), (2), and (3) of subsection (a)

6 by striking out ‘‘North American Air Defense Command’’

7 and inserting in lieu thereof ‘‘North American Aerospace

8 Defense Command’’.

9 (b) DEFENSE DISTRIBUTION CENTER, ANNISTON.—

10 The Corporation for the Promotion of Rifle Practice and

11 Firearms Safety Act (title XVI of Public Law 104–106;

12 110 Stat. 515; 36 U.S.C. 5501 et seq.) is amended by

13 striking out ‘‘Anniston Army Depot’’ each place it appears

14 in the following provisions and inserting in lieu thereof

15 ‘‘Defense Distribution Depot, Anniston’’:

16 (1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).

17 (2) Section 1616(b) (36 U.S.C. 5506(b)).

18 (3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).

19 SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE

20 ARMED FORCES TO PERFORM NOTARIAL OR

21 CONSULAR ACTS.

22 Section 1044a(b) of title 10, United States Code, is

23 amended—

24 (1) in paragraph (1), by striking out ‘‘on active

25 duty or performing inactive-duty for training’’ and

26 inserting in lieu thereof ‘‘of the armed forces, includ-
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1 ing members of reserve components who are judge

2 advocates (whether or not in a duty status)’’;

3 (2) in paragraph (3), by striking out ‘‘adjutants

4 on active duty or performing inactive-duty training’’

5 and inserting in lieu thereof ‘‘adjutants, including

6 members of reserve components acting as such an

7 adjutant (whether or not in a duty status)’’; and

8 (3) in paragraph (4), by striking out ‘‘persons

9 on active duty or performing inactive-duty training’’

10 and inserting in lieu thereof ‘‘members of the armed

11 forces, including members of reserve components

12 (whether or not in a duty status),’’.

13 SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED

14 SERVICES AT NON-GOVERNMENT FACILITIES.

15 (a) USE OF NON-GOVERNMENT FACILITIES.—Sec16 tion 4105 of title 5, United States Code, is amended—

17 (1) by inserting ‘‘and members of a uniformed

18 service under the jurisdiction of the head of the

19 agency’’ after ‘‘employees of the agency’’; and

20 (2) by adding at the end the following: ‘‘For the

21 purposes of this section, the term ‘agency’ includes

22 a military department.’’.

23 (b) EXPENSES OF TRAINING.—Section 4109 of such

24 title is amended—

25 (1) in subsection (a)—
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1 (A) in the matter preceding paragraph (1),

2 by striking out ‘‘under regulations prescribed

3 under section 4118(a)(8) of this title and’’;

4 (B) in paragraph (1), by inserting after

5 ‘‘an employee of the agency’’ the following: ‘‘,

6 or the pay of a member of a uniformed service

7 within the agency, who is’’; and

8 (C) in paragraph (2)—

9 (i) in the matter preceding subpara10 graph (A), by inserting ‘‘or member of a

11 uniformed service’’ after ‘‘reimburse the

12 employee’’;

13 (ii) in subparagraph (A), by striking

14 out ‘‘commissioned officers of the National

15 Oceanic and Atmospheric Administration’’

16 and inserting in lieu thereof ‘‘a member of

17 a uniformed service’’; and

18 (iii) in subparagraph (B), by striking

19 out ‘‘commissioned officers of the National

20 Oceanic and Atmospheric Administration’’

21 and inserting in lieu thereof ‘‘a member of

22 a uniformed service’’; and

23 (2) by adding at the end the following:

24 ‘‘(d) In the exercise of authority under subsection (a)

25 with respect to an employee of an agency, the head of the
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1 agency shall comply with regulations prescribed under sec2 tion 4118(a)(8) of this title.

3 ‘‘(e) For the purposes of this section, the term ‘agen4 cy’ includes a military department.’’.

5 SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR

6 TORTIOUS INFLICTION OF INJURY OR DIS7 EASE ON MEMBERS OF THE UNIFORMED

8 SERVICES.

9 (a) RECOVERY OF PAY AND ALLOWANCES.—Section

10 1 of Public Law 87–693 (42 U.S.C. 2651) is amended—

11 (1) in the first sentence of subsection (a)—

12 (A) by inserting ‘‘or pay for’’ after ‘‘re13 quired by law to furnish’’; and

14 (B) by striking out ‘‘or to be furnished’’

15 each place that phrase appears and inserting in

16 lieu thereof ‘‘, to be furnished, paid for, or to

17 be paid for’’;

18 (2) by redesignating subsections (b) and (c) as

19 subsections (d) and (e), respectively;

20 (3) by inserting after subsection (a), the follow21 ing new subsections:

22 ‘‘(b) If a member of the uniformed services is injured,

23 or contracts a disease, under circumstances creating a tort

24 liability upon a third person (other than or in addition

25 to the United States and except employers of seamen re-
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1 ferred to in subsection (a)) for damages for such injury

2 or disease and the member is unable to perform the mem3 ber’s regular military duties as a result of the injury or

4 disease, the United States shall have a right (independent

5 of the rights of the member) to recover from the third

6 person or an insurer of the third person, or both, the

7 amount equal to the total amount of the pay that accrues

8 and is to accrue to the member for the period for which

9 the member is unable to perform such duties as a result

10 of the injury or disease and is not assigned to perform

11 other military duties.

12 ‘‘(c)(1) If, pursuant to the laws of a State that are

13 applicable in a case of a member of the uniformed services

14 who is injured or contracts a disease as a result of tortious

15 conduct of a third person, there is in effect for such a

16 case (as a substitute or alternative for compensation for

17 damages through tort liability) a system of compensation

18 or reimbursement for expenses of hospital, medical, sur19 gical, or dental care and treatment or for lost pay pursu20 ant to a policy of insurance, contract, medical or hospital

21 service agreement, or similar arrangement, the United

22 States shall be deemed to be a third-party beneficiary of

23 such a policy, contract, agreement, or arrangement.

24 ‘‘(2) For the purposes of paragraph (1)—
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1 ‘‘(A) the expenses incurred or to be incurred by

2 the United States for care and treatment for an in3 jured or diseased member as described in subsection

4 (a) shall be deemed to have been incurred by the

5 member;

6 ‘‘(B) the cost to the United States of the pay

7 of the member as described in subsection (b) shall

8 be deemed to have been pay lost by the member as

9 a result of the injury or disease; and

10 ‘‘(C) the United States shall be subrogated to

11 any right or claim that the injured or diseased mem12 ber or the member’s guardian, personal representa13 tive, estate, dependents, or survivors have under a

14 policy, contract, agreement, or arrangement referred

15 to in paragraph (1) to the extent of the reasonable

16 value of the care and treatment and the total

17 amount of the pay deemed lost under subparagraph

18 (B).’’;

19 (4) in subsection (d), as redesignated by para20 graph (2), by inserting ‘‘or paid for’’ after ‘‘treat21 ment is furnished’’; and

22 (5) by adding at the end the following:

23 ‘‘(f)(1) Any amounts recovered under this section for

24 medical care and related services furnished by a military

25 medical treatment facility or similar military activity shall
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1 be credited to the appropriation or appropriations support2 ing the operation of that facility or activity, as determined

3 under regulations prescribed by the Secretary of Defense.

4 ‘‘(2) Any amounts recovered under this section for

5 the cost to the United States of pay of an injured or dis6 eased member of the uniformed services shall be credited

7 to the appropriation that supports the operation of the

8 command, activity, or other unit to which the member was

9 assigned at the time of the injury or illness, as determined

10 under regulations prescribed by the Secretary concerned.

11 ‘‘(g) For the purposes of this section:

12 ‘‘(A) The term ‘uniformed services’ has the

13 meaning given such term in section 1072(1) of title

14 10, United States Code.

15 ‘‘(B) The term ‘tortious conduct’ includes any

16 tortious omission.

17 ‘‘(C) The term ‘pay’, with respect to a member

18 of the uniformed services, means basic pay, special

19 pay, and incentive pay that the member is author20 ized to receive under title 37, United States Code,

21 or any other law providing pay for service in the uni22 formed services.

23 ‘‘(D) The term ‘Secretary concerned’ means—

24 ‘‘(i) the Secretary of Defense, with respect

25 to the Army, the Navy, the Air Force, the Ma-
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1 rine Corps, and the Coast Guard (when it is op2 erating as a service in the Navy);

3 ‘‘(ii) the Secretary of Transportation, with

4 respect to the Coast Guard when it is not oper5 ating as a service in the Navy;

6 ‘‘(iii) the Secretary of Health and Human

7 Services, with respect to the Commissioned

8 Corps of the Public Health Service; and

9 ‘‘(iv) the Secretary of Commerce, with re10 spect to the Commissioned Corps of the Na11 tional Oceanic and Atmospheric Administra12 tion.’’.

13 (b) CONFORMING AMENDMENTS.— Section 1 of Pub14 lic Law 87–693 (42 U.S.C. 2651) is amended—

15 (1) in the first sentence of subsection (a)—

16 (A) by inserting ‘‘(independent of the

17 rights of the injured or diseased person)’’ after

18 ‘‘a right to recover’’; and

19 (B) by inserting ‘‘, or that person’s in20 surer,’’ after ‘‘from said third person’’;

21 (2) in subsection (d), as redesignated by sub22 section (a)(2)—

23 (A) by striking out ‘‘such right,’’ and in24 serting in lieu thereof ‘‘a right under sub25 sections (a), (b), and (c)’’; and
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1 (B) by inserting ‘‘, or the insurance carrier

2 or other entity responsible for the payment or

3 reimbursement of medical expenses or lost

4 pay,’’ after ‘‘the third person who is liable for

5 the injury or disease’’ each place that it ap6 pears.

7 (c) APPLICABILITY.—The authority to collect pursu8 ant to the amendments made by this section shall apply

9 to expenses described in the first section of Public Law

10 87–693 (as amended by this section) that are incurred,

11 or are to be incurred, by the United States on or after

12 the date of the enactment of this Act, whether the event

13 from which the claim arises occurred before, on, or after

14 that date.

15 SEC. 1067. DISPLAY OF STATE FLAGS AT INSTALLATIONS

16 AND FACILITIES OF THE DEPARTMENT OF

17 DEFENSE.

18 (a) IN GENERAL.—Except as provided in subsection

19 (b) and notwithstanding any other provision of law, no

20 funds appropriated or otherwise made available to the De21 partment of Defense may be used to adopt or enforce any

22 rule or other prohibition that discriminates against the

23 display of the official flag of a particular State, territory,

24 or possession of the United States at an official ceremony

25 at any installation or other facility of the Department of
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1 Defense at which the official flags of the other States, ter2 ritories, or possessions of the United States are being dis3 played.

4 (b) POSITION AND MANNER OF DISPLAY.—The dis5 play of an official flag referred to in subsection (a) at an

6 installation or other facility of the Department shall be

7 governed by the provisions of section 3 of the Joint Reso8 lution of June 22, 1942 (56 Stat. 378, chapter 435; 36

9 U.S.C. 175), and any modification of such provisions

10 under section 8 of that Joint Resolution (36 U.S.C. 178).

11 SEC. 1068. GEORGE C. MARSHALL EUROPEAN CENTER FOR

12 STRATEGIC SECURITY STUDIES.

13 (a) AUTHORITY TO ACCEPT FUNDS, MATERIALS,

14 AND SERVICES.—(1) The Secretary of Defense may, on

15 behalf of the George C. Marshall European Center for

16 Strategic Security Studies, accept gifts or donations of

17 funds, materials (including research materials), property,

18 and services (including lecture services and faculty serv19 ices) from foreign governments, foundations and other

20 charitable organizations in foreign countries, and individ21 uals in foreign countries in order to defray the costs of

22 the operation of the Center.

23 (2) Funds received by the Secretary under paragraph

24 (1) shall be credited to appropriations available for the

25 Department of Defense for the George C. Marshall Euro-
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1 pean Center for Strategic Security Studies. Funds so cred2 ited shall be merged with the appropriations to which cred3 ited and shall be available for the Center for the same

4 purposes and same period as the appropriations with

5 which merged.

6 (b) PARTICIPATION OF FOREIGN NATIONS OTHER7 WISE PROHIBITED.—(1) The Secretary may permit rep8 resentatives of a foreign government to participate in a

9 program of the George C. Marshall European Center for

10 Strategic Security Studies, notwithstanding any other pro11 vision of law that would otherwise prevent representatives

12 of that foreign government from participating in the pro13 gram. Before doing so, the Secretary shall determine, in

14 consultation with the Secretary of State, that the partici15 pation of representatives of that foreign government in the

16 program is in the national interest of the United States.

17 (2) Not later than January 31 of each year, the Sec18 retary of Defense shall, with the assistance of the Director

19 of the Center, submit to Congress a report setting forth

20 the foreign governments permitted to participate in pro21 grams of the Center during the preceding year under the

22 authority provided in paragraph (1).

23 (c) WAIVER OF CERTAIN REQUIREMENTS FOR

24 BOARD OF VISITORS.—(1) The Secretary may waive the

25 application of any financial disclosure requirement im-
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1 posed by law to a foreign member of the Board of Visitors

2 of the Center if that requirement would otherwise apply

3 to the member solely by reason of the service as a member

4 of the Board. The authority under the preceding sentence

5 applies only in the case of a foreign member who serves

6 on the Board without compensation.

7 (2) Notwithstanding any other provision of law, a

8 member of the Board of Visitors may not be required to

9 register as an agent of a foreign government solely by rea10 son of service as a member of the Board.

11 SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN PARTICI12 PANTS IN THE DEFENSE OF PEARL HARBOR

13 THE CONGRESSIONAL MEDAL PREVIOUSLY

14 AUTHORIZED ONLY FOR MILITARY PARTICI15 PANTS IN THE DEFENSE OF PEARL HARBOR.

16 (a) AUTHORITY.—The Speaker of the House of Rep17 resentatives and the President pro tempore of the Senate

18 are authorized jointly to present, on behalf of Congress,

19 a bronze medal provided for under section 1492 of the

20 National Defense Authorization Act for Fiscal Year 1991

21 (104 Stat. 1721) to any person who meets the eligibility

22 requirements set forth in subsection (d) of that section

23 other than the requirement for membership in the Armed

24 Forces, as certified under subsection (e) of that section

25 or under subsection (b) of this section.
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1 (b) CERTIFICATION.—The Secretary of Defense shall,

2 not later than 12 months after the date of the enactment

3 of this Act, certify to the Speaker of the House of Rep4 resentatives and the President pro tempore of the Senate

5 the names of persons who are eligible for award of the

6 medal under this Act and have not previously been cer7 tified under section 1492(e) of the National Defense Au8 thorization Act for Fiscal Year 1991.

9 (c) APPLICATIONS.—Subsections (d)(2) and (f) of

10 section 1492 of the National Defense Authorization Act

11 for Fiscal Year 1991 shall apply in the administration of

12 this Act.

13 (d) ADDITIONAL STRIKING AUTHORITY.—The Sec14 retary of the Treasury shall strike such additional medals

15 as may be necessary for presentation under the authority

16 of subsection (a).

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated such sum as may be nec19 essary to carry out this section.

20 (f) RETROACTIVE EFFECTIVE DATE.—The authority

21 under subsection (a) shall be effective as of November 5,

22 1990.
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1 SEC. 1070. MICHAEL O’CALLAGHAN FEDERAL HOSPITAL,

2 LAS VEGAS, NEVADA.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) Michael O’Callaghan, former Governor of

6 the State of Nevada, served in three branches of the

7 Armed Forces of the United States, namely, the

8 Army, the Air Force, and the Marine Corps.

9 (2) At 16 years of age, Michael O’Callaghan en10 listed in the United States Marine Corps to serve

11 during the end of World War II.

12 (3) During the Korean conflict, Michael

13 O’Callaghan served successively in the Air Force and

14 the Army and, during such service, suffered wounds

15 in combat that necessitated the amputation of his

16 left leg.

17 (4) Michael O’Callaghan was awarded the Sil18 ver Star, the Bronze Star with Valor Device, and the

19 Purple Heart for his military service.

20 (5) In 1963, Michael O’Callaghan became the

21 first director of the Health and Welfare Department

22 of the State of Nevada.

23 (6) In 1970, Michael O’Callaghan became Gov24 ernor of the State of Nevada and served in that po25 sition through 1978, making him one of only five
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1 two-term governors in the history of the State of Ne2 vada.

3 (7) In 1982, Michael O’Callaghan received the

4 Air Force Exceptional Service Award.

5 (8) It is appropriate to name the Nellis Federal

6 Hospital, Las Vegas, Nevada, a hospital operated

7 jointly by the Department of Defense, through Nellis

8 Air Force Base, and the Department of Veterans

9 Affairs, through the Las Vegas Veterans Affairs

10 Outpatient Clinic, after Michael O’Callaghan, a man

11 who (A) has served his country with honor in three

12 branches of the Armed Forces, (B) as a disabled

13 veteran knows personally the tragic sacrifices that

14 are so often made in the service of his country in the

15 Armed Forces, and (C) has spent his entire career

16 working to improve the lives of all Nevadans.

17 (b) DESIGNATION OF MICHAEL O’CALLAGHAN FED18 ERAL HOSPITAL.—The Nellis Federal Hospital, a Federal

19 building located at 4700 North Las Vegas Boulevard, Las

20 Vegas, Nevada, is designated as the ‘‘Michael O’Callaghan

21 Federal Hospital’’.

22 (c) REFERENCES.—Any reference in a law, map, reg23 ulation, document, paper, or other record of the United

24 States to the Federal building referred to in subsection
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1 (b) shall be deemed to be a reference to the ‘‘Michael

2 O’Callaghan Federal Hospital’’.

3 SEC. 1071. NAMING OF BUILDING AT THE UNIFORMED

4 SERVICES UNIVERSITY OF THE HEALTH

5 SCIENCES.

6 It is the sense of the Senate that the Secretary of

7 Defense should name Building A at the Uniformed Serv8 ices University of the Health Sciences as the ‘‘David Pack9 ard Building’’.

10 TITLE XI—DEPARTMENT OF

11 DEFENSE CIVILIAN PERSONNEL

12 Subtitle A—Personnel

13 Management, Pay, and Allowances

14 SEC. 1101. SCOPE OF REQUIREMENT FOR CONVERSION OF

15 MILITARY POSITIONS TO CIVILIAN POSI16 TIONS.

17 Section 1032(a) of the National Defense Authoriza18 tion Act for Fiscal Year 1996 (Public Law 104–106; 110

19 Stat. 429; 10 U.S.C. 129a note) is amended—

20 (1) by striking out the text of paragraph (1)

21 and inserting in lieu thereof the following: ‘‘By Sep22 tember 30, 1996, the Secretary of Defense shall con23 vert at least 3,000 military positions to civilian posi24 tions.’’;

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

3 SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE POSITIONS

4 AT MILITARY TRAINING BASES TRANS5 FERRED TO NATIONAL GUARD.

6 (a) MILITARY TRAINING INSTALLATIONS AF7 FECTED.—This section applies with respect to each mili8 tary training installation that—

9 (1) was approved for closure in 1995 under the

10 Defense Base Closure and Realignment Act of 1990

11 (part A of title XXIX of Public Law 101–510; 10

12 U.S.C. 2687 note);

13 (2) is scheduled for transfer during fiscal year

14 1997 to National Guard operation and control; and

15 (3) will continue to be used, after such transfer,

16 to provide training support to active and reserve

17 components of the Armed Forces.

18 (b) RETENTION OF EMPLOYEE POSITIONS.—In the

19 case of a military training installation described in sub20 section (a), the Secretary of Defense may retain civilian

21 employee positions of the Department of Defense at the

22 installation after transfer to the National Guard of a State

23 in order to facilitate active and reserve component training

24 at the installation. The Secretary, in consultation with the

25 Adjutant General of the National Guard of that State,
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1 shall determine the extent to which positions at that in2 stallation are to be retained as positions in the Depart3 ment of Defense.

4 (c) MAXIMUM NUMBER OF POSITIONS RETAINED.—

5 The maximum number of civilian employee positions re6 tained at an installation under this section shall not exceed

7 20 percent of the Federal civilian workforce employed at

8 the installation as of September 8, 1995.

9 (d) REMOVAL OF POSITION.—The decision to retain

10 civilian employee positions at an installation under this

11 section shall cease to apply to a position so retained on

12 the date on which the Secretary certifies to Congress that

13 it is no longer necessary to retain the position in order

14 to ensure that effective support is provided at the installa15 tion for active and reserve component training.

16 SEC. 1103. CLARIFICATION OF LIMITATION ON FURNISHING

17 CLOTHING OR PAYING A UNIFORM ALLOW18 ANCE TO ENLISTED NATIONAL GUARD TECH19 NICIANS.

20 Section 418(c) of title 37, United States Code, is

21 amended by striking out ‘‘for which a uniform allowance

22 is paid under section 415 or 416 of this title’’ and insert23 ing in lieu thereof ‘‘for which clothing is furnished or a

24 uniform allowance is paid under this section’’.
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1 SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE FOR CI2 VILIAN EMPLOYEES OF THE DEPARTMENT OF

3 DEFENSE ABROAD.

4 (a) IN GENERAL.—Chapter 81 of title 10, United

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

7 ‘‘§ 1599b. Employees abroad: travel expenses; health

8 care

9 ‘‘(a) IN GENERAL.—The Secretary of Defense may

10 provide civilian employees, and members of their families,

11 abroad with benefits that are comparable to certain bene12 fits that are provided by the Secretary of State to mem13 bers of the Foreign Service and their families abroad as

14 described in subsections (b) and (c). The Secretary may

15 designate the employees and members of families who are

16 eligible to receive the benefits.

17 ‘‘(b) TRAVEL AND RELATED EXPENSES.—The Sec18 retary of Defense may pay travel expenses and related ex19 penses for purposes and in amounts that are comparable

20 to the purposes for which, and the amounts in which, trav21 el and related expenses are paid by the Secretary of State

22 under section 901 of the Foreign Service Act of 1980 (22

23 U.S.C. 4081).

24 ‘‘(c) HEALTH CARE PROGRAM.—The Secretary of

25 Defense may establish a health care program that is com26 parable to the health care program established by the Sec-
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1 retary of State under section 904 of that Act (22 U.S.C.

2 4084).

3 ‘‘(d) ASSISTANCE.—The Secretary of Defense may

4 enter into agreements with the heads of other departments

5 and agencies of the Federal Government in order to facili6 tate the payment of expenses authorized by subsection (b)

7 and to carry out a health care program authorized by sub8 section (c).

9 ‘‘(e) ABROAD DEFINED.—In this section, the term

10 ‘abroad’ means outside—

11 ‘‘(1) the United States; and

12 ‘‘(2) the territories and possessions of the Unit13 ed States.’’.

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

15 at the beginning of such chapter is amended by inserting

16 after the item relating to section 1599a the following new

17 item:

‘‘1599b. Employees abroad: travel expenses; health care.’’.

18 SEC. 1105. TRAVEL, TRANSPORTATION, AND RELOCATION

19 ALLOWANCES FOR CERTAIN FORMER NON20 APPROPRIATED FUND EMPLOYEES.

21 (a) IN GENERAL.—(1) Subchapter II of chapter 57

22 of title 5, United States Code, is amended by adding at

23 the end the following new section:
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1 ‘‘§ 5736. Travel, transportation, and relocation ex2 penses of certain nonappropriated fund

3 employees

4 ‘‘An employee of a nonappropriated fund instrumen5 tality of the Department of Defense or the Coast Guard

6 described in section 2105(c) of this title who moves, with7 out a break in service of more than 3 days, to a position

8 in the Department of Defense or the Coast Guard, respec9 tively, may be authorized travel, transportation, and relo10 cation expenses and allowances under the same conditions

11 and to the same extent authorized by this subchapter for

12 transferred employees.’’.

13 (2) The table of sections at the beginning of chapter

14 57 of such title is amended by inserting after the item

15 relating to section 5735 the following new item:

‘‘5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees.’’.

16 (b) APPLICABILITY.—Section 5736 of title 5, United

17 States Code (as added by subsection (a)(1)), shall apply

18 to moves between positions as described in such section

19 that are effective on or after October 1, 1996.

20 SEC. 1106. EMPLOYMENT AND SALARY PRACTICES APPLI21 CABLE TO DEPARTMENT OF DEFENSE OVER22 SEAS TEACHERS.

23 (a) EXPANSION OF SCOPE OF EDUCATORS COV24 ERED.—Section 2 of the Defense Department Overseas
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1 Teachers Pay and Personnel Practices Act (20 U.S.C.

2 901) is amended—

3 (1) in subparagraph (A) of paragraph (1), by

4 inserting ‘‘, or are performed by an individual who

5 carried out certain teaching activities identified in

6 regulations prescribed by the Secretary of Defense’’

7 after ‘‘Defense,’’; and

8 (2) by striking out subparagraph (C) of para9 graph (2) and inserting in lieu thereof the following:

10 ‘‘(C) who is employed in a teaching posi11 tion described in paragraph (1).’’.

12 (b) TRANSFER OF RESPONSIBILITY FOR EMPLOY13 MENT AND SALARY PRACTICES.—Section 5 of such Act

14 (20 U.S.C. 903) is amended—

15 (1) in subsection (a)—

16 (A) by striking out ‘‘secretary of each mili17 tary department in the Department of Defense’’

18 and inserting in lieu thereof ‘‘Secretary of De19 fense’’; and

20 (B) by striking out ‘‘his military depart21 ment’’ and inserting in lieu thereof ‘‘the De22 partment of Defense’’;

23 (2) in subsection (b)—

24 (A) in the matter preceding paragraph (1),

25 by striking out ‘‘secretary of each military de-
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1 partment—’’ and inserting in lieu thereof ‘‘Sec2 retary of Defense—’’; and

3 (B) in paragraph (1), by striking out ‘‘his

4 military department,’’ and inserting in lieu

5 thereof ‘‘the Department of Defense’’;

6 (3) in subsection (c)—

7 (A) by striking out ‘‘Secretary of each

8 military department’’ and inserting in lieu

9 thereof ‘‘Secretary of Defense’’; and

10 (B) by striking out ‘‘his military depart11 ment’’ and inserting in lieu thereof ‘‘the De12 partment of Defense’’; and

13 (4) in subsection (d), by striking out ‘‘Secretary

14 of each military department’’ and inserting in lieu

15 thereof ‘‘Secretary of Defense’’.

16 SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN

17 FACULTY MEMBERS AT CERTAIN DEPART18 MENT OF DEFENSE SCHOOLS.

19 (a) FACULTIES.—Section 1595(c) of title 10, United

20 States Code, is amended by inserting after paragraph (3)

21 the following new paragraph (4):

22 ‘‘(4) The English Language Center of the De23 fense Language Institute.

24 ‘‘(5) The Asia-Pacific Center for Security Stud25 ies.’’.
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1 (b) CERTAIN ADMINISTRATORS.—Such section 1595

2 is amended by adding at the end the following:

3 ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DI4 RECTOR AT ASIA-PACIFIC CENTER FOR SECURITY STUD5 IES.—In the case of the Asia-Pacific Center for Security

6 Studies, this section also applies with respect to the Direc7 tor and the Deputy Director.’’.

8 SEC. 1108. REIMBURSEMENT OF DEPARTMENT OF DEFENSE

9 DOMESTIC DEPENDENT SCHOOL BOARD

10 MEMBERS FOR CERTAIN EXPENSES.

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

12 amended by adding at the end the following:

13 ‘‘(7) The Secretary may provide for reimbursement

14 of a school board member for expenses incurred by the

15 member for travel, transportation, program fees, and ac16 tivity fees that the Secretary determines are reasonable

17 and necessary for the performance of school board duties

18 by the member.’’.

19 SEC. 1109. EXTENSION OF AUTHORITY FOR CIVILIAN EM20 PLOYEES OF DEPARTMENT OF DEFENSE TO

21 PARTICIPATE VOLUNTARILY IN REDUCTIONS

22 IN FORCE.

23 Section 3502(f)(5) of title 5, United States Code, is

24 amended by striking out ‘‘September 30, 1996’’ and in25 serting in lieu thereof ‘‘September 30, 2001’’.
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1 SEC. 1110. COMPENSATORY TIME OFF FOR OVERTIME

2 WORK PERFORMED BY WAGE-BOARD EM3 PLOYEES.

4 Section 5543 of title 5, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(c) The head of an agency may, on request of an

7 employee, grant the employee compensatory time off from

8 the employee’s scheduled tour of duty instead of payment

9 under section 5544 of this title or section 7 of the Fair

10 Labor Standards Act of 1938 for an equal amount of time

11 spent in irregular or occasional overtime work.’’.

12 SEC. 1111. LIQUIDATION OF RESTORED ANNUAL LEAVE

13 THAT REMAINS UNUSED UPON TRANSFER OF

14 EMPLOYEE FROM INSTALLATION BEING

15 CLOSED OR REALIGNED.

16 (a) LUMP-SUM PAYMENT REQUIRED.—Section 5551

17 of title 5, United States Code, is amended by adding at

18 the end the following new subsection:

19 ‘‘(c)(1) Annual leave that is restored to an employee

20 of the Department of Defense under section 6304(d) of

21 this title by reason of the operation of paragraph (3) of

22 such section and remains unused upon the transfer of the

23 employee to a position described in paragraph (2) shall

24 be liquidated by payment of a lump-sum for such leave

25 to the employee upon the transfer.
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1 ‘‘(2) A position referred to in paragraph (1) is a posi2 tion in a department or agency of the Federal Government

3 outside the Department of Defense or a Department of

4 Defense position that is not located at a Department of

5 Defense installation being closed or realigned as described

6 in section 6304(d)(3) of this title.’’.

7 (b) APPLICABILITY.—Subsection (c) of section 5551

8 of title 5, United States Code (as added by subsection (a)),

9 shall apply with respect to transfers described in such sub10 section (c) that take effect on or after the date of the en11 actment of this Act.

12 SEC. 1112. WAIVER OF REQUIREMENT FOR REPAYMENT OF

13 VOLUNTARY SEPARATION INCENTIVE PAY BY

14 FORMER DEPARTMENT OF DEFENSE EM15 PLOYEES REEMPLOYED BY THE GOVERN16 MENT WITHOUT PAY.

17 Section 5597(g) of title 5, United States Code, is

18 amended by adding at the end the following new para19 graph:

20 ‘‘(5) If the employment is without compensation, the

21 appointing official may waive the repayment.’’.

22 SEC. 1113. FEDERAL HOLIDAY OBSERVANCE RULES FOR

23 DEPARTMENT OF DEFENSE EMPLOYEES.

24 (a) HOLIDAYS OCCURRING ON NONWORKDAYS.—

25 Section 6103(b) of title 5, United States Code, is amended
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1 by inserting after paragraph (2) the following new para2 graph:

3 ‘‘(3) In the case of a full-time employee of the

4 Department of Defense, the following rules apply:

5 ‘‘(A) When a legal public holiday occurs on

6 a Sunday that is not a regular weekly workday

7 for an employee, the employee’s next workday is

8 the legal public holiday for the employee.

9 ‘‘(B) When a legal public holiday occurs on

10 a regular weekly nonworkday that is adminis11 tratively scheduled for an employee instead of

12 Sunday, the employee’s next workday is the

13 legal public holiday for the employee.

14 ‘‘(C) When a legal public holiday occurs on

15 an employee’s regular weekly nonworkday im16 mediately following a regular weekly nonwork17 day that is administratively scheduled for the

18 employee instead of Sunday, the employee’s

19 next workday is the legal public holiday for the

20 employee.

21 ‘‘(D) When a legal public holiday occurs on

22 an employee’s regular weekly nonworkday that

23 is not a nonworkday referred to in subpara24 graph (A), (B), or (C), the employee’s preced-
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1 ing workday is the legal public holiday for the

2 employee.

3 ‘‘(E) The Secretary concerned (as defined

4 in section 101(a) of title 10) may schedule a

5 legal public holiday for an employee to be on a

6 different day than the one that would otherwise

7 apply for the employee under subparagraph (A),

8 (B), (C), or (D).

9 ‘‘(F) If a legal public holiday for an em10 ployee would be different under paragraph (1)

11 or (2) than the day determined under this para12 graph, the legal public holiday for the employee

13 shall be the day that is determined under this

14 paragraph.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Section 6103(b) of such title, as amended by subsection

17 (a), is further amended—

18 (1) in paragraph (1), by striking out ‘‘legal

19 public holiday for—’’ and all that follows through

20 the period and inserting in lieu thereof ‘‘legal public

21 holiday for employees whose basic workweek is Mon22 day through Friday.’’; and

23 (2) in the matter following paragraph (3), by

24 striking out ‘‘This subsection, except subparagraph
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1 (B) of paragraph (1),’’ and inserting in lieu thereof

2 ‘‘Paragraphs (1) and (2)’’.

3 SEC. 1114. REVISION OF CERTAIN TRAVEL MANAGEMENT

4 AUTHORITIES.

5 (a) REPEAL OF REQUIREMENTS RELATING TO FIRE6 SAFE ACCOMMODATIONS.—(1) Section 5707 of title 5,

7 United States Code, is amended by striking out subsection

8 (d).

9 (2) Subsection (b) of section 5 of the Hotel and Motel

10 Fire Safety Act of 1990 (Public Law 101–391; 104 Stat.

11 751; 5 U.S.C. 5707 note) is repealed.

12 (b) USE OF FUNDS FOR LONG-DISTANCE

13 CHARGES.—Subsection (b) of section 1348 of title 31,

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

15 ‘‘(b) Appropriations of an agency are available to pay

16 charges assessed by commercial telecommunications car17 riers for long-distance telephone services provided to indi18 viduals travelling on official business of the agency if

19 charges for such services are included in a travel expense

20 report and approved by the official of the agency respon21 sible for approving travel expense reports.’’.

22 (c) REPEAL OF PROHIBITION ON PAYMENT OF

23 LODGING EXPENSES OF DEPARTMENT OF DEFENSE EM24 PLOYEES AND OTHER CIVILIANS WHEN ADEQUATE GOV-
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1 ERNMENT QUARTERS ARE AVAILABLE.—(1) Section 1589

2 of title 10, United States Code, is repealed.

3 (2) The table of sections at the beginning of chapter

4 81 of such title is amended by striking out the item relat5 ing to such section.

6 Subtitle B—Defense Economic Ad7 justment, Diversification, Con8 version, and Stabilization

9 SEC. 1121. PILOT PROGRAMS FOR DEFENSE EMPLOYEES

10 CONVERTED TO CONTRACTOR EMPLOYEES

11 DUE TO PRIVATIZATION AT CLOSED MILI12 TARY INSTALLATIONS.

13 (a) PILOT PROGRAMS AUTHORIZED.—(1) The Sec14 retary of Defense, after consultation with the Secretary

15 of the Navy, the Secretary of the Air Force, and the Direc16 tor of the Office of Personnel Management, may establish

17 a pilot program under which Federal retirement benefits

18 are provided in accordance with this section to persons

19 who convert from Federal employment in the Department

20 of the Navy or the Department of the Air Force to employ21 ment by a Department of Defense contractor in connection

22 with the privatization of the performance of functions at

23 selected military installations being closed under the base

24 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 TITLE XII—FEDERAL CHARTER

4 FOR THE FLEET RESERVE AS5 SOCIATION

6 SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHAR7 TER.

8 The Fleet Reserve Association, a nonprofit corpora9 tion organized under the laws of the State of Delaware,

10 is recognized as such and granted a Federal charter.

11 SEC. 1202. POWERS.

12 The Fleet Reserve Association (in this title referred

13 to as the ‘‘association’’) shall have only those powers

14 granted to it through its bylaws and articles of incorpora15 tion filed in the State in which it is incorporated and sub16 ject to the laws of such State.

17 SEC. 1203. PURPOSES.

18 The purposes of the association are those provided

19 in its bylaws and articles of incorporation and shall include

20 the following:

21 (1) Upholding and defending the Constitution

22 of the United States.

23 (2) Aiding and maintaining an adequate naval

24 defense for the United States.
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1 (3) Assisting the recruitment of the best per2 sonnel available for the United States Navy, United

3 States Marine Corps, and United States Coast

4 Guard.

5 (4) Providing for the welfare of the personnel

6 who serve in the United States Navy, United States

7 Marine Corps, and United States Coast Guard.

8 (5) Continuing to serve loyally the United

9 States Navy, United States Marine Corps, and Unit10 ed States Coast Guard.

11 (6) Preserving the spirit of shipmanship by pro12 viding assistance to shipmates and their families.

13 (7) Instilling love of the United States and the

14 flag and promoting soundness of mind and body in

15 the youth of the United States.

16 SEC. 1204. SERVICE OF PROCESS.

17 With respect to service of process, the association

18 shall comply with the laws of the State in which it is incor19 porated and those States in which it carries on its activi20 ties in furtherance of its corporate purposes.

21 SEC. 1205. MEMBERSHIP.

22 Except as provided in section 1208(g), eligibility for

23 membership in the association and the rights and privi24 leges of members shall be as provided in the bylaws and

25 articles of incorporation of the association.
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1 SEC. 1206. BOARD OF DIRECTORS.

2 Except as provided in section 1208(g), the composi3 tion of the board of directors of the association and the

4 responsibilities of the board shall be as provided in the

5 bylaws and articles of incorporation of the association and

6 in conformity with the laws of the State in which it is

7 incorporated.

8 SEC. 1207. OFFICERS.

9 Except as provided in section 1208(g), the positions

10 of officers of the association and the election of members

11 to such officers shall be as provided in the bylaws and

12 articles of incorporation of the association and in conform13 ity with the laws of the State in which it is incorporated.

14 SEC. 1208. RESTRICTIONS.

15 (a) INCOME AND COMPENSATION.—No part of the in16 come or assets of the association may inure to the benefit

17 of any member, officer, or director of the association or

18 be distributed to any such individual during the life of this

19 charter. Nothing in this subsection may be construed to

20 prevent the payment of reasonable compensation to the

21 officers and employees of the association or reimburse22 ment for actual and necessary expenses in amounts ap23 proved by the board of directors.

24 (b) LOANS.—The association may not make any loan

25 to any member, officer, director, or employee of the asso26 ciation.
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1 (c) ISSUANCE OF STOCK AND PAYMENT OF DIVI2 DENDS.—The association may not issue any shares of

3 stock or declare or pay any dividend.

4 (d) FEDERAL APPROVAL.—The association may not

5 claim the approval of the Congress or the authorization

6 of the Federal Government for any of its activities by vir7 tue of this title.

8 (e) CORPORATE STATUS.—The association shall

9 maintain its status as a corporation organized and incor10 porated under the laws of the State of Delaware.

11 (f) CORPORATE FUNCTION.—The association shall

12 function as an educational, patriotic, civic, historical, and

13 research organization under the laws of the State in which

14 it is incorporated.

15 (g) NONDISCRIMINATION.—In establishing the condi16 tions of membership in the association and in determining

17 the requirements for serving on the board of directors or

18 as an officer of the association, the association may not

19 discriminate on the basis of race, color, religion, sex, hand20 icap, age, or national origin.

21 SEC. 1209. LIABILITY.

22 The association shall be liable for the acts of its offi23 cers, directors, employees, and agents whenever such indi24 viduals act within the scope of their authority.
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1 SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND

2 RECORDS.

3 (a) BOOKS AND RECORDS OF ACCOUNT.—The asso4 ciation shall keep correct and complete books and records

5 of account and minutes of any proceeding of the associa6 tion involving any of its members, the board of directors,

7 or any committee having authority under the board of di8 rectors.

9 (b) NAMES AND ADDRESSES OF MEMBERS.—The as10 sociation shall keep at its principal office a record of the

11 names and addresses of all members having the right to

12 vote in any proceeding of the association.

13 (c) RIGHT TO INSPECT BOOKS AND RECORDS.—All

14 books and records of the association may be inspected by

15 any member having the right to vote in any proceeding

16 of the association, or by any agent or attorney of such

17 member, for any proper purpose at any reasonable time.

18 (d) APPLICATION OF STATE LAW.—This section may

19 not be construed to contravene any applicable State law.

20 SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

21 The first section of the Act entitled ‘‘An Act to pro22 vide for audit of accounts of private corporations estab23 lished under Federal law’’, approved August 30, 1964 (36

24 U.S.C. 1101), is amended by adding at the end the follow25 ing:

26 ‘‘(77) Fleet Reserve Association.’’.
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1 SEC. 1212. ANNUAL REPORT.

2 The association shall annually submit to Congress a

3 report concerning the activities of the association during

4 the preceding fiscal year. The annual report shall be sub5 mitted on the same date as the report of the audit required

6 by reason of the amendment made in section 1211. The

7 annual report shall not be printed as a public document.

8 SEC. 1213. RESERVATION OF RIGHT TO AMEND OR REPEAL

9 CHARTER.

10 The right to alter, amend, or repeal this title is ex11 pressly reserved to Congress.

12 SEC. 1214. TAX-EXEMPT STATUS.

13 The association shall maintain its status as an orga14 nization exempt from taxation as provided in the Internal

15 Revenue Code of 1986.

16 SEC. 1215. TERMINATION.

17 The charter granted in this title shall expire if the

18 association fails to comply with any of the provisions of

19 this title.

20 SEC. 1216. DEFINITION.

21 For purposes of this title, the term ‘‘State’’ means

22 any of the several States, the District of Columbia, the

23 Commonwealth of Puerto Rico, the Commonwealth of the

24 Northern Mariana Islands, the United States Virgin Is25 lands, Guam, American Samoa, the Republic of the Mar26 shall Islands, the Federated States Of Micronesia, the Re-
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1 public of Palau, and any other territory or possession of

2 the United States.