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SEC. 906. EMPLOYMENT OF CIVILIANS AT THE ASIA-PA-
CIFIC CENTER FOR SECURITY STUDIES.
Section 1595 of title 10, United States Code, is
amended—
(1) in subsection (c), by adding at the end the
following new paragraph:
‘‘(4) The Asia-Pacific Center for Security Stud-
ies.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DI-
RECTOR AT ASIA-PACIFIC CENTER FOR SECURITY STUD-
IES.—In the case of the Asia-Pacific Center for Security
Studies, this section also applies with respect to the Direc-
tor and the Deputy Director.’’.
SEC. 907. CONTINUED OPERATION OF UNIFORMED SERV-
ICES UNIVERSITY OF THE HEALTH SCIENCES.
(a) CLOSURE PROHIBITED.—In light of the impor-
tant role of the Uniformed Services University of the
Health Sciences in providing trained health care providers
for the uniformed services, Congress reaffirms the require-
ment contained in section 922 of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat 2829) that the Uniformed Services Univer-
sity of the Health Sciences may not be closed.
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(b) BUDGETARY COMMITMENT TO CONTINUATION.—
It is the sense of Congress that the Secretary of Defense
should budget for the operation of the Uniformed Services
University of the Health Sciences during fiscal year 1997
at a level at least equal to the level of operations conducted
at the University during fiscal year 1995.
SEC. 
908. 
REDESIGNATION 
OF 
ADVANCED 
RESEARCH
PROJECTS AGENCY.
(a) REDESIGNATION.—The agency in the Depart-
ment of Defense known as the Advanced Research
Projects Agency shall after the date of the enactment of
this Act be designated as the Defense Advanced Research
Projects Agency.
(b) REFERENCES.—Any reference in any law, regula-
tion, document, record, or other paper of the United
States to the Advanced Research Projects Agency shall be
considered to be a reference to the Defense Advanced Re-
search Projects Agency.
SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.
No department or agency may regulate or direct any
change in function for facilities under the Naval Nuclear
Propulsion Program unless otherwise permitted or speci-
fied by law.
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SEC. 910. AVIATION TESTING CONSOLIDATION.
(a) LIMITATION.—The Secretary of the Army may
not consolidate the Aviation Technical Test Center, Fort
Rucker, Alabama, with any other aviation testing facility
until 60 days after the date on which a report containing
the results of the evaluation of such consolidation de-
scribed in subsection (b) is received by the congressional
defense committees.
(b) INDEPENDENT EVALUATION.—The Secretary of
the Army shall provide for an evaluation by the Institute
for Defense Analyses (a Federal contract research center)
of the proposal of the Test and Evaluation Command of
the Army to relocate the Aviation Technical Test Center
to Yuma Proving Ground, Arizona. The evaluation of such
proposal shall include consideration of the following:
(1) A review and validation of studies con-
ducted by the Army Materiel Command and the
Army Test and Evaluation Command of the pro-
posed relocation.
(2) The effect on, and cost of, maintenance and
logistics capability (including maintenance of a parts
inventory) to support the test evaluation fleet.
(3) The availability of facilities and infrastruc-
ture necessary to conduct the aviation testing mis-
sion at Yuma Proving Ground.
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(4) The availability of engineers and mainte-
nance technicians to support the aviation testing
mission at Yuma Proving Ground.
(5) The effect on current and planned aircraft
programs.
(6) Consistency with the efforts of the Army to
become the Department of Defense leader for ro-
tary-wing aircraft.
(7) Potential savings, including the time period
over which such savings could be realized.
(8) Comparison of live-fire testing with com-
puter-simulated testing.
(c) TIME REQUIREMENT FOR COMPLETION OF EVAL-
UATION.—The evaluation under subsection (b) shall be
completed not later than 120 days after the date of the
enactment of this Act.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Sec-
retary may transfer amounts of authorizations made avail-
able to the Department of Defense in this division for fis-
cal year 1996 between any such authorizations for that
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fiscal year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and be
available for the same purposes as the authorization to
which transferred.
(2) The total amount of authorizations that the Sec-
retary of Defense may transfer under the authority of this
section may not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this
section to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items
from which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Con-
gress.
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the
amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on National Security
of the House of Representatives to accompany the bill
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H.R. 1530 of the One Hundred Fourth Congress and
transmitted to the President is hereby incorporated into
this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
quirements as are set out for that program, project, or
activity in the Classified Annex.
(d) DISTRIBUTION
OF CLASSIFIED ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 
1003. 
IMPROVED 
FUNDING 
MECHANISMS 
FOR
UNBUDGETED OPERATIONS.
(a) REVISION OF FUNDING MECHANISM.—(1) Chap-
ter 3 of title 10, United States Code, is amended by strik-
ing out section 127a and inserting in lieu thereof the fol-
lowing:
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‘‘§ 127a. Operations for which funds are not provided
in advance: funding mechanisms
‘‘(a) IN GENERAL.—(1) The Secretary of Defense
shall use the procedures prescribed by this section with
respect to any operation of the Department of Defense—
‘‘(A) that involves the deployment (other than
for a training exercise) of elements of the armed
forces for a purpose other than a purpose for which
funds have been specifically provided in advance; or
‘‘(B) that involves humanitarian assistance, dis-
aster relief, or support for law enforcement (includ-
ing immigration control) for which funds have not
been specifically provided in advance.
‘‘(2) Whenever any operation described in paragraph
(1) is commenced, the Secretary of Defense shall designate
and identify that operation for the purposes of this section
and shall promptly notify Congress of that designation
(and of the identification of the operation).
‘‘(3) This section does not provide authority for the
President or the Secretary of Defense to carry out any
operation, but establishes mechanisms for the Department
of Defense by which funds are provided for operations that
the armed forces are required to carry out under some
other authority.
‘‘(b) WAIVER
OF REQUIREMENT TO REIMBURSE
SUPPORT UNITS.—(1) The Secretary of Defense shall di-
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rect that, when a unit of the armed forces participating
in an operation described in subsection (a) receives serv-
ices from an element of the Department of Defense that
operates through the Defense Business Operations Fund
(or a successor fund), such unit of the armed forces may
not be required to reimburse that element for the incre-
mental costs incurred by that element in providing such
services, notwithstanding any other provision of law or any
Government accounting practice.
‘‘(2) The amounts which but for paragraph (1) would
be required to be reimbursed to an element of the Depart-
ment of Defense (or a fund) shall be recorded as an ex-
pense attributable to the operation and shall be accounted
for separately.
‘‘(c) TRANSFER AUTHORITY.—(1) Whenever there is
an operation of the Department of Defense described in
subsection (a), the Secretary of Defense may, subject to
the provisions of appropriations Acts, transfer amounts
described in paragraph (3) to accounts from which incre-
mental expenses for that operation were incurred in order
to reimburse those accounts for those incremental ex-
penses. Amounts so transferred shall be merged with and
be available for the same purposes as the accounts to
which transferred.
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‘‘(2) The total amount that the Secretary of Defense
may transfer under the authority of this section in any
fiscal year is $200,000,000.
‘‘(3) Transfers under this subsection may only be
made from amounts appropriated to the Department of
Defense for any fiscal year that remain available for obli-
gation from any of the following accounts:
‘‘(A) Environmental Restoration, Defense.
‘‘(B) Cooperative Threat Reduction programs.
‘‘(C) Overseas Humanitarian, Disaster, and
Civic Aid (OHDACA) programs.
‘‘(D) Operations and Maintenance, Defense-
Wide (but only from funds available for administra-
tion and service-wide activities).
‘‘(4) The authority provided by this subsection is in
addition to any other authority provided by law authoriz-
ing the transfer of amounts available to the Department
of Defense. However, the Secretary may not use any such
authority under another provision of law for a purpose de-
scribed in paragraph (1) if there is authority available
under this subsection for that purpose.
‘‘(5) The authority provided by this subsection to
transfer amounts may not be used to provide authority
for an activity that has been denied authorization by Con-
gress.
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‘‘(6) A transfer made from one account to another
under the authority of this subsection shall be deemed to
increase the amount authorized for the account to which
the amount is transferred by an amount equal to the
amount transferred.
‘‘(d) FINANCIAL PLAN.—(1) Within 30 days after the
beginning of an operation described in subsection (a), the
Secretary of Defense shall submit to Congress a financial
plan for the operation that sets forth the manner by which
the Secretary proposes to obtain funds for the cost to the
United States of the operation. The plan shall specify in
detail how the Secretary proposes to restore balances in
the Defense Business Operations Fund (or a successor
fund) to the levels that would have been anticipated but
for the provisions of subsection (b). The Secretary may
not include in such a plan a means to restore such bal-
ances that is prohibited by paragraph (2) or (4).
‘‘(2) The Secretary may not restore (or propose in
a plan under paragraph (1) to restore) balances in the
Defense Business Operations Fund through increases in
rates charged by that fund in order to compensate for
costs incurred and not reimbursed due to subsection (b).
‘‘(3) If the Secretary of Defense transfers funds
under subsection (c), the Secretary shall submit to Con-
gress, within 30 days of such transfer, a plan for the res-
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toration of the balance in the each account from which
the transfer was made to the level that would have been
the case but for the transfer.
‘‘(4) The Secretary may not restore (or propose in
a plan under paragraph (1) or (3) to restore) balances
in any the Defense Business Operations Fund or any
other fund or account through the use of unobligated
amounts in an appropriation made for operation and
maintenance that are available within that appropriation
for an account (known as a budget activity 1 account) that
is specified as being for operating forces.
‘‘(e) SUBMISSION OF REQUESTS FOR SUPPLEMENTAL
APPROPRIATIONS.—(1) Whenever there is an operation
described in subsection (a), the President shall submit to
Congress a request for the enactment of supplemental ap-
propriations for the then-current fiscal year, to be des-
ignated as an emergency supplemental appropriations, in
order to provide funds to replenish the Defense Business
Operations Fund or any other fund or account of the De-
partment of Defense from which funds for the incremental
expenses of that operation were derived under this section.
‘‘(2) A request under paragraph (1) shall be submit-
ted not later than the earlier of (A) the time at which
incremental 
expenses 
for 
the 
operation 
exceed
$10,000,000, or (B) 90 days after the date on which the
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operation begins. The request shall be submitted as a sep-
arate request from any other legislative proposal.
‘‘(f) INCREMENTAL COSTS.—For purposes of this
section, incremental costs of the Department of Defense
with respect to an operation are the costs of the Depart-
ment that are directly attributable to the operation (and
would not have been incurred but for the operation).
‘‘(g) RELATIONSHIP
TO WAR POWERS RESOLU-
TION.—This section may not be construed as altering or
superseding the War Powers Resolution. This section does
not provide authority to conduct any military operation.
‘‘(h) GAO COMPLIANCE REVIEWS.—The Comptroller
General of the United States shall from time to time, and
when requested by a committee of Congress, conduct a
review of the defense funding structure under this section
to determine whether the Department of Defense is com-
plying with the requirements and limitations of this sec-
tion.
‘‘§ 127b. Budgeting for ongoing operations
‘‘(a) REQUIREMENT FOR INCLUSION IN BUDGET.—
In the case of an operation of the Department of Defense
described in subsection (c), the President shall include
with the budget submitted to Congress pursuant to section
1105 of title 31 for the next fiscal year a specific request
for enactment of legislation to provide for the provision
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of funds for such operation for that fiscal year in a man-
ner that will result in there not being a lower amount of
funds available to the Department of Defense for that fis-
cal year than would be the case if that operation were not
carried out during that year. Such a request shall include
one or more of the following:
‘‘(1) A request for enactment of appropriation
of funds for the incremental costs for that operation
that are expected to be incurred by the Department
of Defense during the fiscal year for which the budg-
et is submitted, with such funds to be provided in,
and charged to, a budget function other than the na-
tional defense budget function (function 050).
‘‘(2) A request for enactment of appropriation
of funds for the incremental costs for that operation
that are expected to be incurred by the Department
of Defense during the fiscal year for which the budg-
et is submitted, with such designations or waivers as
may be necessary to ensure that (if enacted) such
appropriations are not counted against the total
amount of funds for the Department of Defense, or
for the national defense budget function, for purpose
of any statutory limitation or restriction.
‘‘(3) A request for enactment of rescissions.
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‘‘(b) LIMITATION.—In the case of any operation to
which the requirement of subsection (a) applies, no funds
may be obligated or expended for that operation after the
beginning of the fiscal year for which the budget is submit-
ted if the requirement in subsection (a) is not complied
with.
‘‘(c) COVERED OPERATIONS.—This section applies
with respect to any operation of the Department of De-
fense involving the use of the Armed Forces that—
‘‘(1) is ongoing in the first quarter of a fiscal
year;
‘‘(2) is not expected to end during the current
fiscal year;
‘‘(3) for which appropriations were not specifi-
cally provided in advance for the current fiscal year.
‘‘(d) WAIVER
AUTHORITY.—The President may
waive the provisions of this section for any fiscal year—
‘‘(1) during which there is in effect a declara-
tion of war; or
‘‘(2) during which authority is in effect pursu-
ant to section 12302 of this title to order units and
members of the Ready Reserve to active duty with-
out the consent of the persons concerned.’’.
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(2) The table of sections at the beginning of such
chapter is amended by striking out the item relating to
section 127a and inserting in lieu thereof the following:
‘‘127a. Operations for which funds are not provided in advance: funding mecha-
nisms.
‘‘127b. Budgeting for ongoing operations.’’.
(b) EFFECTIVE DATE.—The amendment to section
127a of title 10, United States Code, made by subsection
(a) shall take effect on October 1, 1995, and shall apply
to any operation of the Department of Defense, whether
begun before, on, or after such date. In the case of any
operation begun before such date, any reference in such
section to the date of the beginning of such operation shall
be treated as referring to the effective date under the pre-
ceding sentence.
SEC. 1004. DESIGNATION AND LIABILITY OF DISBURSING
AND CERTIFYING OFFICIALS.
(a) DISBURSING OFFICIALS.—(1) Section 3321(c) of
title 31, United States Code, is amended by striking out
paragraph (2) and inserting in lieu thereof the following:
‘‘(2) The Department of Defense.
‘‘(3) The Coast Guard (when not operating as
a service in the Navy).’’.
(2) Section 2773 of title 10, United States Code, is
amended—
(A) in subsection (a)—
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(i) by striking out ‘‘With the approval of
the Secretary of a military department when
the Secretary considers it necessary, a disburs-
ing official of the military department’’ and in-
serting in lieu thereof ‘‘Subject to paragraph
(3), a disbursing official of the Department of
Defense’’; and
(ii) by adding at the end the following new
paragraph:
‘‘(3) A disbursing official may make a designation
under paragraph (1) only with the approval of the Sec-
retary of Defense or, in the case of a disbursing official
of a military department, the Secretary of that military
department.’’; and
(B) in subsection (b)(1)—
(i) by striking out ‘‘any military depart-
ment’’ and inserting in lieu thereof ‘‘the De-
partment of Defense’’; and
(ii) by striking out ‘‘2d month’’ and insert-
ing in lieu thereof ‘‘second month’’.
(b) DESIGNATION
OF MEMBERS
OF
THE ARMED
FORCES TO HAVE AUTHORITY TO CERTIFY VOUCH-
ERS.—(1) Section 3325(b) of title 31, United States Code,
is amended to read as follows:
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‘‘(b) In addition to officers and employees referred
to in subsection (a)(1)(B) of this section as having author-
ization to certify vouchers, the Secretary of Defense and
the Secretary of Transportation (with respect to the Coast
Guard when it is not operating as a service in the Navy)
may authorize, in writing, members of the armed forces
under their jurisdiction to certify vouchers.’’.
(2) Section 3528(d) of title 31, United States Code,
is repealed.
(c) RELIEF
OF
ACCOUNTABLE
OFFICIALS
AND
AGENTS FROM LIABILITY.—Section 3527(b)(1) of title
31, United States Code, is amended—
(1) by striking out ‘‘armed forces’’ in the mat-
ter preceding subparagraph (A) and inserting in lieu
thereof ‘‘Department of Defense or the Coast
Guard’’; and
(2) in subparagraph (A), by striking out ‘‘ap-
propriate Secretary of the military department of
the Department of Defense’’ and inserting in lieu
thereof ‘‘Secretary of Transportation (with respect
to the Coast Guard when it is not operating as a
service in the Navy)’’.
(d) CONFORMING AMENDMENTS.—(1) Section 1012
of title 37, United States Code, is amended by striking
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out ‘‘Secretary concerned’’ both places it appears and in-
serting in lieu thereof ‘‘Secretary of Defense’’.
(2)(A) Section 7863 of title 10, United States Code,
is amended—
(i) in the first sentence, by striking out ‘‘dis-
bursements of public moneys or’’ and ‘‘the money
was paid or’’; and
(ii) in the second sentence, by striking out ‘‘dis-
bursement or’’.
(B)(i) The heading of such section is amended to read
as follows:
‘‘§ 7863. Disposal of public stores by order of com-
manding officer’’.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 661 of such title is
amended to read as follows:
‘‘7863. Disposal of public stores by order of commanding officer.’’.
SEC. 1005. AUTHORITY FOR OBLIGATION OF CERTAIN UN-
AUTHORIZED FISCAL YEAR 1995 DEFENSE AP-
PROPRIATIONS.
(a) AUTHORITY.—The amounts described in sub-
section (b) may be obligated and expended for programs,
projects, and activities of the Department of Defense in
accordance with fiscal year 1995 defense appropriations.
(b) COVERED AMOUNTS.—The amounts referred to
in subsection (a) are the amounts provided for programs,
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projects, and activities of the Department of Defense in
fiscal year 1995 defense appropriations that are in excess
of the amounts provided for such programs, projects, and
activities in fiscal year 1995 defense authorizations.
(c) DEFINITIONS.—For the purposes of this section:
(1) FISCAL
YEAR
1995
DEFENSE
APPROPRIA-
TIONS.—The term ‘‘fiscal year 1995 defense appro-
priations’’ means amounts appropriated or otherwise
made available to the Department of Defense for fis-
cal year 1995 in the Department of Defense Appro-
priations Act, 1995 (Public Law 103–335).
(2) FISCAL YEAR 1995 DEFENSE AUTHORIZA-
TIONS.—The term ‘‘fiscal year 1995 defense author-
izations’’ means amounts authorized to be appro-
priated for the Department of Defense for fiscal
year 1995 in the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337).
SEC. 1006. AUTHORIZATION OF PRIOR EMERGENCY SUP-
PLEMENTAL APPROPRIATIONS FOR FISCAL
YEAR 1995.
(a) ADJUSTMENT TO PREVIOUS AUTHORIZATIONS.—
Amounts authorized to be appropriated to the Department
of Defense for fiscal year 1995 in the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–
337) are hereby adjusted, with respect to any such author-
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ized amount, by the amount by which appropriations pur-
suant to such authorization were increased (by a supple-
mental appropriation) or decreased (by a rescission), or
both, in title I of the Emergency Supplemental Appropria-
tions and Rescissions for the Department of Defense to
Preserve and Enhance Military Readiness Act of 1995
(Public Law 104–6).
(b) NEW AUTHORIZATION.—The appropriation pro-
vided in section 104 of such Act is hereby authorized.
SEC. 1007. PROHIBITION OF INCREMENTAL FUNDING OF
PROCUREMENT ITEMS.
Section 114 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f)(1) No funds may be appropriated, or authorized
to be appropriated, for any fiscal year for a purpose
named in paragraph (1), (3), (4), or (5) of subsection (a)
using incremental funding.
‘‘(2) In the budget submitted by the President for
any fiscal year, the President may not request appropria-
tions, or authorization of appropriations, on the basis of
incremental funding for a purpose specified in paragraph
(1).
‘‘(3) In this subsection, the term ‘incremental fund-
ing’ means the provision of funds for a fiscal year for a
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procurement in less than the full amount required for pro-
curement of a complete and usable product, with the ex-
pectation (or plan) for additional funding to be made for
subsequent fiscal years to complete the procurement of a
complete and usable product.
‘‘(4) This subsection does not apply with respect to
funding classified as advance procurement funding.’’.
Subtitle B—Naval Vessels and
Shipyards
SEC. 1021. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) A requirement for the Department of the
Navy to acquire 19 large, medium-speed, roll-on/roll-
off (LMSR) vessels was established by the Secretary
of Defense in the Mobility Requirements Study con-
ducted after the Persian Gulf War pursuant to sec-
tion 909 of the National Defense Authorization Act
for Fiscal Year 1991 (Public law 101–510; 104
Stat. 1623) and was revalidated by the Secretary of
Defense in the report entitled ‘‘Mobility Require-
ments Study Bottom-Up Review Update’’, submitted
to Congress in April 1995.
(2) The Strategic Sealift Program is a vital ele-
ment of the national military strategy calling for the
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Nation to be able to fight and win two nearly simul-
taneous major regional contingencies.
(3) The Secretary of the Navy has entered into
contracts with shipyards covering acquisition of a
total of 17 such LMSR vessels, of which five are ves-
sel conversions and 12 are new construction vessels.
Under those contracts, the Secretary has placed or-
ders for the acquisition of 11 vessels and has options
for the acquisition of six more, all of which would be
new construction vessels. The options allow the Sec-
retary to place orders for one vessel to be con-
structed at each of two shipyards for award before
December 31, 1995, December 31, 1996, and De-
cember 31, 1997, respectively.
(4) Acquisition of an additional two such
LMSR vessels, for a total of 19 vessels (the require-
ment described in paragraph (1)) would contribute
to preservation of the industrial base of United
States shipyards capable of building auxiliary and
sealift vessels.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Navy should plan for, and
budget to provide for, the acquisition as soon as possible
of a total of 19 large, medium-speed, roll-on/roll-off
(LMSR) vessels (the number determined to be required
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in the Mobility Requirements Study referred to in sub-
section (a)(1)), rather than only 17 such vessels (the num-
ber of vessels under contract as of May 1995).
(c) ADDITIONAL NEW CONSTRUCTION CONTRACT
OPTION.—The Secretary of the Navy should negotiate
with each of the two shipyards holding new construction
contracts referred to in subsection (a)(3) (Department of
the Navy contracts numbered N00024–93–C–2203 and
N00024–93–C–2205) for an option under each such con-
tract for construction of one additional such LMSR vessel,
with such option to be available to the Secretary for exer-
cise during 1995, 1996, or 1997.
(d) REPORT.—The Secretary of the Navy shall sub-
mit to the congressional defense committees, by March 31,
1996, a report stating the intentions of the Secretary re-
garding the acquisition of options for the construction of
two additional LMSR vessels as described in subsection
(c).
SEC. 1022. VESSELS SUBJECT TO REPAIR UNDER PHASED
MAINTENANCE CONTRACTS.
(a) IN GENERAL.—(1) Chapter 633 of title 10, Unit-
ed States Code, is amended by adding at the end the fol-
lowing new section:
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‘‘§ 7315. Phased maintenance contracts: vessels cov-
ered
‘‘In any case in which the Secretary of the Navy en-
ters into a contract for the phased maintenance of a class
of vessels or vessels of an identified type, the Secretary
shall ensure that—
‘‘(1) any vessel that is covered by the contract
when it is entered into remains covered by the con-
tract, regardless of operating command to which the
vessel is subsequently assigned, unless the vessel is
taken out of service for the Department of the Navy;
and
‘‘(2) any vessel of a class or type covered by the
contract that is delivered to the Navy while the con-
tract is in effect is covered by the contract.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7315. Phased maintenance contracts: vessels covered.’’.
(b) EFFECTIVE DATE.—Section 7315 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply
with respect to contracts entered into after the date of
the enactment of this Act.
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SEC. 1023. CLARIFICATION OF REQUIREMENTS RELATING
TO REPAIRS OF VESSELS.
Section 7310(a) of title 10, United States Code, is
amended by inserting ‘‘or Guam’’ after ‘‘the United
States’’ the second place it appears.
SEC. 1024. NAMING OF NAVAL VESSEL.
It is the sense of Congress that the Secretary of the
Navy should name an appropriate ship of the United
States Navy the U.S.S. Joseph Vittori, in honor of Marine
Corporal Joseph Vittori (1929–1951) of Beverly, Massa-
chusetts, who was posthumously awarded the Medal of
Honor for actions against the enemy in Korea on Septem-
ber 15–16, 1951.
SEC. 1025. TRANSFER OF RIVERINE PATROL CRAFT.
(a) AUTHORITY TO TRANSFER VESSEL.—Notwith-
standing subsections (a) and (d) of section 7306 of title
10, United States Code, but subject to subsections (b) and
(c) of that section, the Secretary of the Navy may transfer
a vessel described in subsection (b) to Tidewater Commu-
nity College, Portsmouth, Virginia, for scientific and edu-
cational purposes.
(b) VESSEL.—The authority under subsection (a) ap-
plies in the case of a riverine patrol craft of the U.S.S.
Swift class.
(c) LIMITATION.—The transfer authorized by sub-
section (a) may be made only if the Secretary determines
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that the vessel to be transferred is of no further use to
the United States for national security purposes.
(d) TERMS AND CONDITIONS.—The Secretary may
require such terms and conditions in connection with the
transfer authorized by this section as the Secretary consid-
ers appropriate.
Subtitle C—Other Matters
SEC. 1031. TERMINATION AND MODIFICATION OF AUTHORI-
TIES REGARDING NATIONAL DEFENSE TECH-
NOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CONVERSION
PROGRAMS.
(a) CONGRESSIONAL
DEFENSE
POLICY.—Section
2501 of title 10, United States Code, is amended—
(1) in subsection (a), by striking out paragraph
(5); and
(2) in subsection (b)—
(A) by striking out ‘‘DEFENSE REINVEST-
MENT, DIVERSIFICATION, AND CONVERSION’’ in
the subsection heading and inserting in lieu
thereof ‘‘TECHNOLOGY DEVELOPMENT FOR NA-
TIONAL SECURITY’’;
(B) by striking out ‘‘, during a period of
reduction in defense expenditures,’’ in the mat-
ter preceding paragraph (1);
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(C) by striking out ‘‘of reinvestment, diver-
sification, and conversion of defense resources’’
in the matter preceding paragraph (1); and
(D) in paragraph (5), by striking out ‘‘de-
fense economic reinvestment’’ and inserting in
lieu thereof ‘‘economic investment’’.
(b) NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE COUNCIL.—Section 2502(c) of such title is
amended—
(1) in paragraph (1)(B), by striking out ‘‘, dur-
ing a period of reduction in defense expenditures,
the defense reinvestment, diversification, and conver-
sion objectives’’ and inserting in lieu thereof ‘‘the
objectives’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
(c) MODIFICATION OF DEFENSE DUAL-USE CRITI-
CAL TECHNOLOGY PARTNERSHIPS PROGRAM.—(1) Sub-
section (a) of section 2511 of such title is amended—
(A) by striking out ‘‘PARTNERSHIPS’’ in the
subsection heading and inserting in lieu thereof
‘‘PROGRAM’’;
(B) in the first sentence, by striking out ‘‘, by
providing for the establishment’’ and all that follows
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through ‘‘encourage and provide’’ and inserting in
lieu thereof ‘‘by encouraging and providing’’;
(C) in the second sentence, by striking out ‘‘in
order to establish the partnerships’’ and inserting in
lieu thereof ‘‘in furtherance of the program’’; and
(D) by adding at the end the following new sen-
tence: ‘‘The Secretary shall identify projects to be
conducted as part of the program.’’.
(2) Such section is further amended by striking out
subsections (b), (c), and (d) and inserting in lieu thereof
the following new subsection:
‘‘(b) ASSISTANCE AUTHORIZED.—The Secretary of
Defense may provide technical and other assistance to fa-
cilitate the achievement of the purposes of projects con-
ducted under the program. In providing such assistance,
the Secretary may make available, as appropriate for the
work to be performed, equipment and facilities of Depart-
ment of Defense laboratories (including the scientists and
engineers at those laboratories) for purposes of projects
selected by the Secretary.’’.
(3) Such section is further amended—
(A) by redesignating subsections (e), (f), and
(g), as subsections (c), (d), and (e), respectively;
(B) in subsection (c), as so redesignated, by
striking out ‘‘establishment of partnerships’’ and in-
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serting in lieu thereof ‘‘conduct of the program’’;
and
(C) in subsection (d), as so redesignated—
(i) by striking out ‘‘proposed partnerships
for establishment under this section’’ in the
matter preceding paragraph (1) and inserting
in lieu thereof ‘‘projects under the program’’;
(ii) in paragraphs (1) and (2), by striking
out ‘‘program proposed to be conducted by the
partnership’’ both places it appears and insert-
ing in lieu thereof ‘‘proposed project’’;
(iii) in paragraph (3), by striking out
‘‘partnership’s’’ and inserting in lieu thereof
‘‘proposed project’s’’; and
(iv) in paragraphs (4) through (7), by
striking out ‘‘partnership’’ each place it appears
and inserting in lieu thereof ‘‘project’’.
(d) REPEAL OF COMMERCIAL-MILITARY INTEGRA-
TION PARTNERSHIPS PROGRAM.—Section 2512 of such
title is repealed.
(e) REPEAL OF REGIONAL TECHNOLOGY ALLIANCES
ASSISTANCE PROGRAM.—Section 2513 of such title is re-
pealed.
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(f) MILITARY-CIVILIAN INTEGRATION
AND TECH-
NOLOGY TRANSFER ADVISORY BOARD.—Section 2516(b)
of such title is amended—
(1) by inserting ‘‘and’’ at the end of paragraph
(2);
(2) by striking out ‘‘; and’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(3) by striking out paragraph (4).
(g) FEDERAL DEFENSE LABORATORY DIVERSIFICA-
TION PROGRAM.—Section 2519 of such title is amended—
(1) in subsection (b), by striking out ‘‘referred
to in section 2511(b) of this title’’;
(2) in subsection (d)—
(A) by striking out ‘‘(1)’’ before ‘‘The Sec-
retary shall’’; and
(B) by striking out paragraph (2); and
(3) in subsection (f), by striking out ‘‘section
2511(f)’’ and inserting in lieu thereof ‘‘section
2511(d)’’.
(h) REPEAL OF NAVY REINVESTMENT PROGRAM.—
Section 2520 of such title is repealed.
(i) REPEAL OF NATIONAL DEFENSE MANUFACTUR-
ING TECHNOLOGY PROGRAM.—Section 2521 of such title
is repealed.
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(j) REPEAL OF DEFENSE ADVANCED MANUFACTUR-
ING TECHNOLOGY PARTNERSHIPS PROGRAM.—Section
2522 of such title is repealed.
(k) REPEAL OF MANUFACTURING EXTENSION PRO-
GRAM.—Section 2523 of such title is repealed.
(l) REPEAL OF DEFENSE DUAL-USE ASSISTANCE
EXTENSION PROGRAM.—Section 2524 of such title is re-
pealed.
(m) CLERICAL AMENDMENTS.—(1) The heading of
section 2511 of such title is amended to read as follows:
‘‘§ 2511. Defense dual-use critical technology pro-
gram’’.
(2) The table of sections at the beginning of sub-
chapter III of chapter 148 of such title is amended—
(A) by striking out the item relating to section
2511 and inserting in lieu thereof the following new
item:
‘‘2511. Defense dual-use critical technology program.’’; and
(B) by striking out the items relating to sec-
tions 2512, 2513, and 2520.
(3) The table of sections at the beginning of sub-
chapter IV of such chapter is amended by striking out the
items relating to sections 2521, 2522, 2523, and 2524.
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SEC. 1032. REPEAL OF MISCELLANEOUS PROVISIONS OF
LAW.
(a) VOLUNTEERS INVESTING IN PEACE AND SECU-
RITY PROGRAM.—(1) Chapter 89 of title 10, United
States Code, is repealed.
(2) The tables of chapters at the beginning of subtitle
A, and at the beginning of part II of subtitle A, of such
title are amended by striking out the item relating to chap-
ter 89.
(b) SECURITY
AND CONTROL
OF SUPPLIES.—(1)
Chapter 171 of such title is repealed.
(2) The tables of sections at the beginning of subtitle
A, and at the beginning of part IV of subtitle A, of such
title are each amended by striking out the item relating
to chapter 171.
(c) ANNUAL AUTHORIZATION OF MILITARY TRAIN-
ING STUDENT LOADS.—Section 115 of such title is
amended—
(1) in subsection (a), by striking out paragraph
(3);
(2) in subsection (b)—
(A) by inserting ‘‘or’’ at the end of para-
graph (1);
(B) by striking out ‘‘; or’’ at the end of
paragraph (2) and inserting in lieu thereof a
period; and
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(C) by striking out paragraph (3); and
(3) by striking out subsection (f).
(d) PORTIONS OF ANNUAL MANPOWER REQUIRE-
MENTS REPORT.—Section 115a of such title is amended—
(1) in subsection (b)(2), by striking out sub-
paragraph (C);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as sub-
section (d) and striking out paragraphs (4) and (5)
thereof;
(4) by striking out subsection (f); and
(5) by redesignating subsection (g) as sub-
section (e).
(e) OBSOLETE AUTHORITY FOR PAYMENT OF STI-
PENDS FOR MEMBERS OF CERTAIN ADVISORY COMMIT-
TEES
AND BOARDS
OF VISITORS
OF SERVICE ACAD-
EMIES.—(1) The second sentence of each of sections
173(b) and 174(b) of such title is amended to read as fol-
lows: ‘‘Other members and part-time advisers shall (except
as otherwise specifically authorized by law) serve without
compensation for such service.’’.
(2) Sections 4355(h), 6968(h), and 9355(h) of such
title are amended by striking out ‘‘is entitled to not more
than $5 a day and’’.
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(f) ANNUAL BUDGET INFORMATION CONCERNING
RECRUITING COSTS.—(1) Section 227 of such title is re-
pealed.
(2) The table of sections at the beginning of chapter
9 of such title is amended by striking out the item relating
to section 227.
(g) EXPIRED AUTHORITY RELATING TO PEACEKEEP-
ING ACTIVITIES.—(1) Section 403 of such title is repealed.
(2) The table of sections at the beginning of sub-
chapter I of chapter 20 of such title is amended by strik-
ing out the item relating to section 403.
(h) MANAGEMENT TRAINING PROGRAM IN JAPANESE
LANGUAGE AND CULTURE.—(1) Section 2198 of such
title is repealed.
(2) The table of sections at the beginning of chapter
111 of such title is amended by striking out the item relat-
ing to section 2198.
(i) PROCUREMENT OF GASOHOL FOR DEPARTMENT
OF DEFENSE MOTOR VEHICLES.—(1) Subsection (a) of
section 2398 of such title is repealed.
(2) Such section is further amended—
(A) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
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(B) in subsection (b), as so redesignated, by
striking out ‘‘subsection (b)’’ and inserting in lieu
thereof ‘‘subsection (a)’’.
(j) REQUIREMENT OF NOTICE OF CERTAIN DISPOS-
ALS AND GIFTS BY SECRETARY OF NAVY.—Section 7545
of such title is amended by striking out subsection (c).
(k) ANNUAL REPORT ON BIOLOGICAL DEFENSE RE-
SEARCH PROGRAM.—(1) Section 2370 of such title is re-
pealed.
(2) The table of sections at the beginning of chapter
139 of such title is amended by striking out the item relat-
ing to such section.
(l) REPORTS
AND NOTIFICATIONS RELATING
TO
CHEMICAL AND BIOLOGICAL AGENTS.—(1) Subsection (a)
of section 409 of Public Law 91–121 (50 U.S.C. 1511)
is repealed.
(2) Subsection (b) of such section (50 U.S.C. 1512)
is amended—
(A) by inserting ‘‘and’’ at the end of paragraph
(2);
(B) by striking out ‘‘; and’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
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(3) Subsection (c) of such section (50 U.S.C. 1513)
is amended by striking out the second sentence of para-
graph (1).
(m) PROVISION GIVING PERMANENT STATUS TO EX-
ECUTIVE ORDER RELATING TO NAVAL NUCLEAR PRO-
PULSION PROGRAM.—Section 1634 of the Department of
Defense Authorization, 1985 (Public Law 98–525; 98
Stat. 2649; 42 U.S.C. 7158 note), is repealed.
(n) ANNUAL REPORT ON BALANCED TECHNOLOGY
INITIATIVE.—Subsection (e) of section 211 of the Na-
tional Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1394) is re-
pealed.
(o) OBSOLETE AUTHORITY REGARDING ANNISTON
ARMY DEPOT, ALABAMA.—Section 352 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 104 Stat. 1539) is repealed.
(p) REPORT
ON ENVIRONMENTAL RESTORATION
COSTS FOR INSTALLATIONS TO BE CLOSED UNDER 1990
BASE CLOSURE LAW.—Section 2827 of the National De-
fense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102–190; 10 U.S.C. 2687 note) is amended
by striking out subsection (b).
(q) LIMITATION ON AMERICAN DIPLOMATIC FACILI-
TIES IN GERMANY.—Section 1432 of the National Defense
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Authorization Act for Fiscal Year 1994 (Public Law 103–
160; 107 Stat. 1833) is repealed.
(r) REQUIREMENT RELATING TO ATHLETIC DIREC-
TOR OF NAVAL ACADEMY.—Section 556(b) of the Na-
tional Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2774) (including the sec-
tion of title 10, United States Code, added by that section
effective January 1, 1996, and the table of sections item
added by that section) is repealed.
SEC. 1033. POLICY CONCERNING EXCESS DEFENSE INDUS-
TRIAL CAPACITY.
(a) FINDINGS.—Congress finds as follows:
(1) The Base Closure and Realignment Com-
missions have recommended that certain Govern-
ment-owned 
defense 
industrial 
facilities 
which
produce goods and services that were required dur-
ing the Cold War, but which are no longer required
for the national security, be closed.
(2) The Secretary of Defense has determined
that the maintenance of certain other Government-
owned defense industrial facilities is necessary to
support the research, development, and manufacture
of goods and services that are still required to pro-
tect the security of the United States.
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(3) These Government-owned defense industrial
facilities are critical to the security of the Nation
and should remain under Government control.
(4) Current work requirements at some of these
Government-owned defense industrial facilities have
fallen below a reasonably economic level of oper-
ation, increasing the cost of producing required
goods and services.
(5) Existing law and policy have failed to ad-
dress adequately the supplemental requirements nec-
essary to operate these Government-owned defense
industrial facilities in a cost-efficient manner and,
thereby, to maintain appropriate readiness for future
national security needs.
(6) The security interests of the United States
would be served by the establishment under law of
a policy that requires the best-value operation of
Government-owned defense industrial facilities.
(7) Such a policy should include, but not nec-
essarily be limited to, requirements that—
(A) the required capability and capacity
not being fully used at such Government-owned
facilities be maintained with separate funding
so as to stabilize operational costs; and
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(B) those facilities not be limited by
workyear/end strength hiring constraints.
(b) PROHIBITION.—No funds appropriated pursuant
to an authorization of appropriations in this Act may be
used for capital investment in, or the development and
construction of, a Government-owned, Government-oper-
ated defense industrial facility unless the Secretary of De-
fense certifies to the Congress that no similar capability
or minimally used capacity exists in any other Govern-
ment-owned, Government-operated defense industrial fa-
cility.
SEC. 1034. ROTC ACCESS TO CAMPUSES.
(a) IN GENERAL.—Chapter 49 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 983. Institutions of higher education that prohibit
Senior ROTC units: denial of Department
of Defense grants and contracts
‘‘(a) DENIAL OF DEPARTMENT OF DEFENSE GRANTS
AND CONTRACTS.—(1) No funds appropriated or other-
wise available to the Department of Defense may be made
obligated by contract or by grant (including a grant of
funds to be available for student aid) to any institution
of higher education that, as determined by the Secretary
of Defense, has an anti-ROTC policy and at which, as de-
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termined by the Secretary, the Secretary would otherwise
maintain or seek to establish a unit of the Senior Reserve
Officer Training Corps or at which the Secretary would
otherwise enroll or seek to enroll students for participation
in a unit of the Senior Reserve Officer Training Corps
at another nearby institution of higher education.
‘‘(2) In the case of an institution of higher education
that is ineligible for Department of Defense grants and
contracts by reason of paragraph (1), the prohibition
under that paragraph shall cease to apply to that institu-
tion upon a determination by the Secretary that the insti-
tution no longer has an anti-ROTC policy.
‘‘(b) NOTICE OF DETERMINATION.—Whenever the
Secretary makes a determination under subsection (a)
that an institution has an anti-ROTC policy, or that an
institution previously determined to have an anti-ROTC
policy no longer has such a policy, the Secretary—
‘‘(1) shall transmit notice of that determination
to the Secretary of Education and to the Committee
on Armed Services of the Senate and the Committee
on National Security of the House of Representa-
tives; and
‘‘(2) shall publish in the Federal Register notice
of that determination and of the effect of that deter-
mination under subsection (a)(1) on the eligibility of
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that institution for Department of Defense grants
and contracts.
‘‘(c) SEMIANNUAL
NOTICE
IN
FEDERAL
REG-
ISTER.—The Secretary shall publish in the Federal Reg-
ister once every six months a list of each institution of
higher education that is currently ineligible for Depart-
ment of Defense grants and contracts by reason of a de-
termination of the Secretary under subsection (a).
‘‘(d) ANTI-ROTC POLICY.—In this section, the term
‘anti-ROTC policy’ means a policy or practice of an insti-
tution of higher education that—
‘‘(1) prohibits, or in effect prevents, the Sec-
retary of Defense from maintaining or establishing
a unit of the Senior Reserve Officer Training Corps
at that institution, or
‘‘(2) prohibits, or in effect prevents, a student
at that institution from enrolling in a unit of the
Senior Reserve Officer Training Corps at another in-
stitution of higher education.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘983. Institutions of higher education that prohibit Senior ROTC units: denial
of Department of Defense grants and contracts.’’.
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SEC. 1035. APPLICATION OF BUY AMERICAN ACT PRIN-
CIPLES.
(a) REINSTATEMENT
OF PRINCIPLES.—(1) If the
Secretary of Defense, after consultation with the United
States Trade Representative, determines that a foreign
country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by dis-
criminating against certain types of products produced in
the United States that are covered by the agreement, the
Secretary of Defense shall rescind the Secretary’s blanket
waiver of the Buy American Act with respect to such types
of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) REPORT.—The Secretary of Defense shall submit
to Congress a report on the amount of Department of De-
fense purchases from foreign entities in fiscal year 1996.
Such report shall separately indicate the dollar value of
items for which the Buy American Act was waived pursu-
ant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
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or any international agreement to which the United States
is a party.
(c) DEFINITION.—For purposes of this section, the
term ‘‘Buy American Act’’ means title III of the Act enti-
tled ‘‘An Act making appropriations for the Treasury and
Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3,
1933 (41 U.S.C. 10a et seq.).
TITLE 
XI—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF FORMER SOVIET
UNION
SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS.
(a) IN GENERAL.—For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in subsection (b).
(b) SPECIFIED PROGRAMS.—The programs referred
to in subsection (a) are the following:
(1) Programs to facilitate the elimination, and
the safe and secure transportation and storage, of
nuclear, chemical, and other weapons and their de-
livery vehicles.
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(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the elimi-
nation of nuclear weapons.
(3) Programs to prevent the proliferation of
weapons, weapons components, and weapons-related
technology and expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1102. FISCAL YEAR 1996 AUTHORIZATION.
Of the amount authorized in section 301 for Coopera-
tive Threat Reduction programs, not more than the follow-
ing amounts shall be available for the purposes specified:
(1) $50,000,000 for elimination of Russian
strategic offensive weapons.
(2) $20,000,000 for elimination of Ukraine
strategic nuclear weapons.
(3) $15,000,000 for elimination of Kazakhstan
strategic nuclear weapons.
(4) $5,000,000 for elimination of Belarus stra-
tegic nuclear weapons.
(5) $6,000,000 for design of a storage facility
for Russian fissile material.
(6) $42,500,000 for weapons security in Rus-
sia.
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(7) $35,000,000 for nuclear infrastructure
elimination in Ukraine, Belarus, and Kazakhstan.
(8) $10,000,000 for activities designated as De-
fense and Military Contacts/General Support/Train-
ing in Russia, Ukraine, Belarus, and Kazakhstan.
(9) $16,500,000 for activities designated as
Other Assessments/Support.
SEC. 1103. REPEAL OF DEMILITARIZATION ENTERPRISE
FUND AUTHORITY.
Section 1204 of the Cooperative Threat Reduction
Act of 1993 (title XII of Public Law 103–160; 22 U.S.C.
5953) is repealed.
SEC. 1104. PROHIBITION ON USE OF FUNDS FOR PEACE-
KEEPING EXERCISES AND RELATED ACTIVI-
TIES WITH RUSSIA.
None of the funds appropriated pursuant to the au-
thorization in section 301 for Cooperative Threat Reduc-
tion programs may be obligated or expended for the pur-
pose of conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
SEC. 1105. REVISION TO AUTHORITY FOR ASSISTANCE FOR
WEAPONS DESTRUCTION.
Section 211(b) of Public Law 102–228 (105 Stat.
1694) is amended by striking out ‘‘committed to’’ in the
matter preceding paragraph (1).
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SEC. 1106. PRIOR NOTICE TO CONGRESS OF OBLIGATION
OF FUNDS.
(a) ANNUAL REQUIREMENT.—(1) Not less than 15
days before any obligation of any funds appropriated for
any fiscal year for a program specified under section 1101
as a Cooperative Threat Reduction program, the Secretary
of Defense shall submit to the congressional committees
specified in paragraph (2) a report on that proposed obli-
gation for that program for that fiscal year.
(2) The congressional committees referred to in para-
graph (1) are the following:
(A) The Committee on Armed Services, the
Committee on Foreign Relations, and the Committee
on Appropriations of the Senate.
(B) The Committee on National Security, the
Committee on International Relations, and the Com-
mittee on Appropriations of the House of Represent-
atives.
(b) MATTERS TO BE SPECIFIED IN REPORTS.—Each
such report shall specify—
(1) the activities and forms of assistance for
which the Secretary of Defense plans to obligate
funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any de-
partment or agency of the United States (in addition
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to the Department of Defense) and of the private
sector of the United States in the activities and
forms of assistance for which the Secretary of De-
fense plans to obligate such funds.
SEC. 1107. REPORT ON ACCOUNTING FOR UNITED STATES
ASSISTANCE.
(a) REPORT.—(1) The Secretary of Defense shall
submit to Congress an annual report on the efforts made
by the United States (including efforts through the use
of audits, examinations, and on-site inspections) to ensure
that assistance provided under Cooperative Threat Reduc-
tion programs is fully accounted for and that such assist-
ance is being used for its intended purposes.
(2) A report shall be submitted under this section not
later than January 31 of each year until the Cooperative
Threat Reduction programs are completed.
(b) INFORMATION TO BE INCLUDED.—Each report
under this section shall include the following:
(1) A list of cooperative threat reduction assist-
ance that has been provided before the date of the
report.
(2) A description of the current location of the
assistance provided and the current condition of
such assistance.
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(3) A determination of whether the assistance
has been used for its intended purpose.
(4) A description of the activities planned to be
carried out during the next fiscal year to ensure that
cooperative threat reduction assistance provided dur-
ing that fiscal year is fully accounted for and is used
for its intended purpose.
(c) COMPTROLLER
GENERAL
ASSESSMENT.—Not
later than 30 days after the date on which a report of
the Secretary under subsection (a) is submitted to Con-
gress, the Comptroller General of the United States shall
submit to Congress a report giving the Comptroller Gen-
eral’s assessment of the report and making any rec-
ommendations that the Comptroller General considers ap-
propriate.
SEC. 1108. LIMITATION ON COOPERATIVE THREAT REDUC-
TION PROGRAM RELATING TO OFFENSIVE BI-
OLOGICAL WEAPONS PROGRAM IN RUSSIA.
None of the funds appropriated pursuant to the au-
thorization in section 301 for Cooperative Threat Reduc-
tion programs may be obligated or expended for programs
or activities with Russia unless and until the President
submits to Congress a certification in writing that Russia
has terminated its offensive biological weapons program.
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TITLE XII—MATTERS RELATING
TO OTHER NATIONS
Subtitle A—Peacekeeping
Provisions
SEC. 1201. LIMITATION ON EXPENDITURE OF DEPARTMENT
OF DEFENSE FUNDS FOR UNITED STATES
FORCES PLACED UNDER UNITED NATIONS
COMMAND OR CONTROL.
(a) IN GENERAL.—(1) Chapter 20 of title 10, United
States Code, is amended by inserting after section 404 the
following new section:
‘‘§ 405. Placement of United States forces under Unit-
ed Nations command or control: limita-
tion
‘‘(a) LIMITATION.—Except as provided in subsections
(b) and (c), funds appropriated or otherwise made avail-
able for the Department of Defense may not be obligated
or expended for activities of any element of the Armed
Forces that after the date of the enactment of this section
is placed under United Nations command or control, as
defined in subsection (f).
‘‘(b) EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (a) shall not apply in the case
of a proposed placement of an element of the Armed
Forces under United Nations command or control if the
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President, not less than 15 days before the date on which
such United Nations command or control is to become ef-
fective (or as provided in paragraph (2)), meets the re-
quirements of subsection (d).
‘‘(2) If the President certifies to Congress that an
emergency exists that precludes the President from meet-
ing the requirements of subsection (d) 15 days before plac-
ing an element of the Armed Forces under United Nations
command or control, the President may place such forces
under such command or control and meet the require-
ments of subsection (d) in a timely manner, but in no
event later than 48 hours after such command or control
becomes effective.
‘‘(c) ADDITIONAL EXCEPTIONS.—
‘‘(1) EXCEPTION
FOR
AUTHORIZATION
BY
LAW.—Subsection (a) shall not apply in the case of
a proposed placement of any element of the Armed
Forces under United Nations command or control if
the Congress specifically authorizes by law that par-
ticular placement of United States forces under
United Nations command or control.
‘‘(2) EXCEPTION
FOR
NATO
OPERATIONS.—
Subsection (a) shall not apply in the case of a pro-
posed placement of any element of the armed forces
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in an operation conducted by the North Atlantic
Treaty Organization.
‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require-
ments referred to in subsection (b)(1) are that the Presi-
dent submit to Congress the following:
‘‘(1) Certification by the President that—
‘‘(A) such a United Nations command or
control arrangement is necessary to protect na-
tional security interests of the United States;
‘‘(B) the commander of any unit of the
Armed Forces proposed for placement under
United Nations command or control will at all
times retain the right—
‘‘(i) to report independently to supe-
rior United States military authorities; and
‘‘(ii) to decline to comply with orders
judged by the commander to be illegal,
militarily imprudent, or beyond the man-
date of the mission to which the United
States agreed with the United Nations,
until such time as that commander receives
direction from superior United States mili-
tary authorities with respect to the orders
that the commander has declined to com-
ply with;
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‘‘(C) any element of the Armed Forces
proposed for placement under United Nations
command or control will at all times remain
under United States administrative command
for such purposes as discipline and evaluation;
and
‘‘(D) the United States will retain the au-
thority to withdraw any element of the Armed
Forces from the proposed operation at any time
and to take any action it considers necessary to
protect those forces if they are engaged.
‘‘(2) A report setting forth the following:
‘‘(A) A description of the national security
interests that require the placement of United
States forces under United Nations command
or control.
‘‘(B) The mission of the United States
forces involved.
‘‘(C) The expected size and composition of
the United States forces involved.
‘‘(D) The incremental cost to the United
States of participation in the United Nations
operation by the United States forces which are
proposed to be placed under United Nations
command or control.
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‘‘(E) The precise command and control re-
lationship between the United States forces in-
volved and the United Nations command struc-
ture.
‘‘(F) The precise command and control re-
lationship between the United States forces in-
volved and the commander of the United States
unified command for the region in which those
United States forces are to operate.
‘‘(G) The extent to which the United
States forces involved will rely on non-United
States forces for security and self-defense and
an assessment on the ability of those non-Unit-
ed States forces to provide adequate security to
the United States forces involved.
‘‘(H) The timetable for complete with-
drawal of the United States forces involved.
‘‘(e) CLASSIFICATION OF REPORT.—A report under
subsection (d) shall be submitted in unclassified form and,
if necessary, in classified form.
‘‘(f) UNITED NATIONS COMMAND OR CONTROL.—
For purposes of this section, an element of the Armed
Forces shall be considered to be placed under United Na-
tions command or control if—
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‘‘(1) that element is under the command or
operational control of an individual acting on behalf
of the United Nations for the purpose of inter-
national peacekeeping, peacemaking, peace-enforc-
ing, or similar activity that is authorized by the Se-
curity Council under chapter VI or VII of the Char-
ter of the United Nations; and
‘‘(2) the senior military commander of the Unit-
ed Nations force or operation—
‘‘(A) is a foreign national or is a citizen of
the United States who is not a United States
military officer serving on active duty; or
‘‘(B) is a United States military officer
serving on active duty but—
‘‘(i) that element of the armed forces
is under the command or operational con-
trol of a subordinate commander who is a
foreign national or a citizen of the United
States who is not a United States military
officer serving on active duty; and
‘‘(ii) that senior military commander
does not have the authority—
‘‘(I) to dismiss any subordinate
officer in the chain of command who
is exercising command or operational
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control over United States forces and
who is a foreign national or a citizen
of the United States who is not a
United States military officer serving
on active duty;
‘‘(II) to establish rules of engage-
ment for United States forces in-
volved; and
‘‘(III) to establish criteria gov-
erning the operational employment of
United States forces involved.
‘‘(g) INTERPRETATION.—Nothing in this section may
be construed—
‘‘(1) as authority for the President to use any
element of the armed forces in any operation;
‘‘(2) as authority for the President to place any
element of the armed forces under the command or
operational control of a foreign national; or
‘‘(3) as an unconstitutional infringement on the
authority of the President as commander-in-chief.’’.
(2) The table of sections at the beginning of sub-
chapter I of such chapter is amended by adding at the
end the following new item:
‘‘405. Placement of United States forces under United Nations command or
control: limitation.’’.
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(b) REPORT RELATING TO CONSTITUTIONALITY.—
No certification may be submitted by the President under
section 405(d)(1) of title 10, United States Code, as added
by subsection (a), until the President has submitted to the
Congress (after the date of the enactment of this Act) a
memorandum of legal points and authorities explaining
why the placement of elements of United States Armed
Forces under the command or operational control of a for-
eign national acting on behalf of the United Nations does
not violate the Constitution.
(c) EXCEPTION FOR ONGOING OPERATIONS IN MAC-
EDONIA AND CROATIA.—Section 405 of title 10, United
States Code, as added by subsection (a), does not apply
in the case of activities of the Armed Forces as part of
the United Nations force designated as the United Na-
tions Protection Force (UNPROFOR) that are carried
out—
(1) in Macedonia pursuant to United Nations
Security Council Resolution 795, adopted December
11, 1992, and subsequent reauthorization Resolu-
tions; or
(2) in Croatia pursuant to United Nations Se-
curity Council Resolution 743, adopted February 21,
1992, and subsequent reauthorization Resolutions.
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SEC. 1202. LIMITATION ON USE OF DEPARTMENT OF DE-
FENSE FUNDS FOR UNITED STATES SHARE
OF COSTS OF UNITED NATIONS PEACEKEEP-
ING ACTIVITIES.
(a) IN GENERAL.—(1) Chapter 20 of title 10, United
States Code, is amended by inserting after section 405,
as added by section 1201, the following new section:
‘‘§ 406. Use of Department of Defense funds for Unit-
ed States share of costs of United Nations
peacekeeping activities: limitation
‘‘(a) PROHIBITION ON USE OF FUNDS.—Funds avail-
able to the Department of Defense may not be used to
make a financial contribution (directly or through another
department or agency of the United States) to the United
Nations—
‘‘(1) for the costs of a United Nations peace-
keeping activity; or
‘‘(2) for any United States arrearage to the
United Nations.
‘‘(b) APPLICATION OF PROHIBITION.—The prohibi-
tion in subsection (a) applies to voluntary contributions,
as well as to contributions pursuant to assessment by the
United Nations for the United States share of the costs
of a peacekeeping activity.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
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to section 405, as added by section 1201, the following
new item:
‘‘406. Use of Department of Defense funds for United States share of costs of
United Nations peacekeeping activities: limitation.’’.
(b) EFFECTIVE DATE.—Section 406 of title 10, Unit-
ed States Code, as added by subsection (a), shall take ef-
fect on October 1, 1995.
Subtitle B—Humanitarian
Assistance Programs
SEC. 1211. OVERSEAS HUMANITARIAN, DISASTER, AND
CIVIC AID PROGRAMS.
For purposes of section 301 and other provisions of
this Act, programs of the Department of Defense des-
ignated as Overseas Humanitarian, Disaster, and Civic
Aid (OHDACA) programs are the programs provided by
sections 401, 402, 404, 2547, and 2551 of title 10, United
States Code.
SEC. 1212. HUMANITARIAN ASSISTANCE.
Section 2551 of title 10, United States Code is
amended—
(1) by striking out subsections (b) and (c);
(2) by redesignating subsection (d) as sub-
section (b);
(3) by striking out subsection (e) and inserting
in lieu thereof the following:
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‘‘(c) STATUS REPORTS.—(1) The Secretary of De-
fense shall submit to the congressional committees speci-
fied in subsection (f) an annual report on the provision
of humanitarian assistance pursuant to this section for the
prior fiscal year. The report shall be submitted each year
at the time of the budget submission by the President for
the next fiscal year.
‘‘(2) Each report required by paragraph (1) shall
cover all provisions of law that authorize appropriations
for humanitarian assistance to be available from the De-
partment of Defense for the purposes of this section.
‘‘(3) Each report under this subsection shall set forth
the following information regarding activities during the
previous fiscal year:
‘‘(A) The total amount of funds obligated for
humanitarian relief under this section.
‘‘(B) The number of scheduled and completed
transportation missions for purposes of providing
humanitarian assistance under this section.
‘‘(C) A description of any transfer of excess
nonlethal supplies of the Department of Defense
made available for humanitarian relief purposes
under section 2547 of this title. The description
shall include the date of the transfer, the entity to
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whom the transfer is made, and the quantity of
items transferred.’’;
(4) by redesignating subsection (f) as sub-
section (d) and in that subsection striking out ‘‘the
Committees on’’ and all that follows through ‘‘House
of Representatives of the’’ and inserting in lieu
thereof ‘‘the congressional committees specified in
subsection (f) and the Committees on Appropriations
of the Senate and House of Representatives of the’’;
(5) by redesignating subsection (g) as sub-
section (e); and
(6) by adding at the end the following new sub-
section:
‘‘(f) CONGRESSIONAL COMMITTEES.—The congres-
sional committees referred to in subsections (c)(1) and (d)
are the following:
‘‘(1) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
‘‘(2) The Committee on National Security and
the Committee on International Relations of the
House of Representatives.’’.
SEC. 1213. LANDMINE CLEARANCE PROGRAM.
(a) INCLUSION IN GENERAL HUMANITARIAN ASSIST-
ANCE PROGRAM.—Subsection (e) of section 401 of title
10, United States Code, is amended—
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(1) by striking out ‘‘means—’’ and inserting in
lieu thereof ‘‘means:’’;
(2) by revising the first word in each of para-
graphs (1) through (4) so that the first letter of
such word is upper case;
(3) by striking out the semicolon at the end of
paragraphs (1) and (2) and inserting in lieu thereof
a period;
(4) by striking out ‘‘; and’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(5) by adding at the end the following new
paragraph:
‘‘(5) Detection and clearance of landmines, in-
cluding activities relating to the furnishing of edu-
cation, training, and technical assistance with re-
spect to the detection and clearance of landmines.’’.
(b) LIMITATION
ON LANDMINE ASSISTANCE
BY
MEMBERS OF ARMED FORCES.—Subsection (a) of such
section is amended by adding at the end the following new
paragraph:
‘‘(4) The Secretary of Defense shall ensure that no
member of the armed forces, while providing assistance
under this section that is described in subsection (e)(5)—
‘‘(A) engages in the physical detection, lifting,
or destroying of landmines (unless the member does
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so for the concurrent purpose of supporting a Unit-
ed States military operation); or
‘‘(B) provides such assistance as part of a mili-
tary operation that does not involve the armed
forces.’’.
(c) REPEAL.—Section 1413 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2913; 10 U.S.C. 401 note) is repealed.
Subtitle C—Other Matters
SEC. 1221. REVISION OF DEFINITION OF LANDMINE FOR
PURPOSES OF LANDMINE EXPORT MORATO-
RIUM.
Section 1423(d)(3) of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1831) is amended by striking out ‘‘by remote
control or’’ .
SEC. 
1222. 
EXTENSION 
AND 
AMENDMENT 
OF
COUNTERPROLIFERATION AUTHORITIES.
(a) ONE-YEAR EXTENSION OF PROGRAM.—Section
1505 of the Weapons of Mass Destruction Control Act of
1992 (title XV of Public Law 102–484; 22 U.S.C. 5859a)
is amended—
(1) in subsection (a), by striking out ‘‘during
fiscal years 1994 and 1995’’;
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(2) in subsection (e)(1), by striking out ‘‘fiscal
years 1994 and 1995’’ and inserting in lieu thereof
‘‘a fiscal year during which the authority of the Sec-
retary of Defense to provide assistance under this
section is in effect’’; and
(3) by adding at the end the following new sub-
section:
‘‘(f) TERMINATION OF AUTHORITY.—The authority
of the Secretary of Defense to provide assistance under
this section terminates at the close of fiscal year 1996.’’.
(b) PROGRAM AUTHORITIES.—(1) Subsections (b)(2)
and (d)(3) of such section are amended by striking out
‘‘the On-Site Inspection Agency’’ and inserting in lieu
thereof ‘‘the Department of Defense’’.
(2) Subsection (c)(3) of such section is amended by
striking out ‘‘will be counted’’ and all that follows and in-
serting in lieu thereof ‘‘will be counted as discretionary
spending in the national defense budget function (function
050).’’.
(c) AMOUNT
OF ASSISTANCE.—Subsection (d) of
such section is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘for fiscal year 1994’’
the first place it appears and all that follows
through the period at the end of the second