[104th Congress Public Law 201]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ201.104]
[[Page 2421]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
[[Page 110 STAT. 2422]]
Public Law 104-201
104th Congress
An Act
To authorize appropriations for fiscal year 1997 for military activities
of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other
purposes. <<NOTE: Sept. 23, 1996 - [H.R. 3230]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: National Defense Authorization Act
for Fiscal Year 1997.>> Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1997''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
[[Page 110 STAT. 2423]]
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the Reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic
Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare
defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or
chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year
1997.
Sec. 242. Certification of capability of United States to defend against
single
ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint
Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures for
the award of certain contracts to colleges and
universities.
Sec. 266. Pilot program for transfer of defense technology information
to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
[[Page 110 STAT. 2424]]
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. 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. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and
services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense
environmental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating
operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. 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. 329. Authority for agreements with Indian tribes for services under
environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and
management of exchanges and morale, welfare, and
recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and
duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works,
and utility services from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
Government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to
produce an approved plan.
[[Page 110 STAT. 2425]]
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National
Capital Region.
Sec. 370. Administration of midshipmen's store and other naval academy
support activities as nonappropriated fund
instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the
Defense Language Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service
Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at
Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel
and Navy grades of lieutenant commander, commander,
and captain.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in
Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and Assistant Chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. 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. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements
to
Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of
service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
[[Page 110 STAT. 2426]]
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members
of
National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable
toward Reserve retirement.
Sec. 532. Retirement of Reserve enlisted members who qualify for active
duty retirement after administrative reduction in
enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and
Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for
mobilized Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on
ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National
Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training
Corps and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC)
participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy
graduates to be assigned directly to Reserve duty
upon graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American
soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a Reserve judge advocate to act
as a military notary public when not in a duty
status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard
when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers
or teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical
examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service
academies.
[[Page 110 STAT. 2427]]
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service
officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to
occupy
Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and
National Oceanic and Atmospheric Administration
officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government
expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed 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. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay
cost-of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to
enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through
private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from
certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of
war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
[[Page 110 STAT. 2428]]
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of
military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical
munitions while serving as members of the Armed
Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health
care
delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain
clinical trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care
providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial
Assistance program and Uniformed Services University
of the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical
research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of
Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of Reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health
Professions Scholarship and Financial Assistance
program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
[[Page 110 STAT. 2429]]
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in
contracts under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and
dependency of base on supplies available only from
foreign countries.
Sec. 830. Expansion of report on implementation of automated information
systems to include additional matters regarding
information resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of
the unified combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the
Uniformed Services University of the Health
Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
[[Page 110 STAT. 2430]]
Sec. 1011. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class
ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of
National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and
counter-drug
activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement
activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against
strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery
relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. 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. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the
Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense
organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on
members of the uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions
serving military personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
[[Page 110 STAT. 2431]]
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the
Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer
authorizations.
Sec. 1214. Guard and Reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
Reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of
members of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated Reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from Reserve service during
contingency operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing
active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on
active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
[[Page 110 STAT. 2432]]
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic
assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve
security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency
situations involving biological or chemical
weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat
Reduction programs on elimination or
transportation of nuclear
weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
[[Page 110 STAT. 2433]]
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of
theft.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management, Pay,
and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to
civilian positions.
Sec. 1602. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base
structure.
Sec. 1604. Travel expenses and health care for civilian employees of the
Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for certain
former
nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of
Defense to participate voluntarily in reductions
in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused upon
transfer of employee from installation being
closed or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense
employees reemployed by the Government without
pay.
Sec. 1613. Simplification of rules relating to the observance of certain
holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military
installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle within
the
continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an employee
who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating to
relocation expenses.
[[Page 110 STAT. 2434]]
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
Sec. 2407. Reduction in amounts authorized to be appropriated for fiscal
year 1996 Defense Agencies military construction,
land acquisition, and military family housing
functions.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
[[Page 110 STAT. 2435]]
Sec. 2602. Authorization and funding for construction and improvement of
Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor
construction projects.
Sec. 2802. Redesignation of North Atlantic Treaty Organization
Infrastructure
program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and
unaccompanied housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed
installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center,
Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of Reserve center, Naval Air
Station,
Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South
Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
[[Page 110 STAT. 2436]]
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North
Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military
installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown
Air Reserve Station, Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical
Center, Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reser-
vation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
[[Page 110 STAT. 2437]]
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development
purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and
nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the
defense waste processing facility, Savannah River
Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at
Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and
nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental
restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
[[Page 110 STAT. 2438]]
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of
Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
[[Page 110 STAT. 2439]]
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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 programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft
program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Army as follows:
(1) For aircraft, $1,314,015,000.
(2) For missiles, $1,031,829,000.
(3) For weapons and tracked combat vehicles, $1,409,514,000.
(4) For ammunition, $1,003,028,000.
(5) For other procurement, $2,990,240,000.
[[Page 110 STAT. 2440]]
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Navy as follows:
(1) For aircraft, $7,034,926,000.
(2) For weapons, including missiles and torpedoes,
$1,345,408,000.
(3) For shipbuilding and conversion, $6,193,330,000.
(4) For other procurement, $2,893,840,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Marine Corps in the amount
of $560,148,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $293,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Air Force as follows:
(1) For aircraft, $6,764,420,000.
(2) For missiles, $2,525,875,000.
(3) For ammunition, $278,302,000.
(4) For other procurement, $5,814,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1997
for Defense-wide procurement in the amount of $2,008,261,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $171,000,000.
(2) For the Air National Guard, $234,000,000.
(3) For the Army Reserve, $98,000,000.
(4) For the Naval Reserve, $116,000,000.
(5) For the Air Force Reserve, $94,000,000.
(6) For the Marine Corps Reserve, $67,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Inspector General of the Department of Defense
in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1997
the amount of $759,847,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the Department of Defense for procurement for carrying
[[Page 110 STAT. 2441]]
out health care programs, projects, and activities of the Department of
Defense in the total amount of $269,470,000.
Subtitle B--Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF ARMED KIOWA
WARRIOR HELICOPTERS.
Section 133 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY
PROGRAMS.
(a) Avenger Air Defense Missile System.--Notwithstanding the
limitation in subsection (k) of section 2306b of title 10, United States
Code, relating to the maximum duration of a multiyear contract under the
authority of that section, the Secretary of the Army may extend the
multiyear contract in effect during fiscal year 1996 for the Avenger Air
Defense
Missile system through fiscal year 1997 and may award such an extension.
(b) Army Tactical Missile System.--The Secretary of the Army may, in
accordance with section 2306b of title 10, United States Code, enter
into a multiyear procurement contract, beginning with the fiscal year
1997 program year, for procurement of the Army Tactical Missile System
(Army TACMS).
(c) Javelin Missile System.--The Secretary of the Army may, in
accordance with section 2306b of title 10, United States Code, enter
into multiyear procurement contracts for the procurement of the Javelin
missile system.
SEC. 113. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under section 101(3) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 204), $6,000,000 is available for the procurement of
Bradley TOW-2 Test Program sets.
Subtitle C--Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized From SCN Account.--(1) Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal year
1997--
(A) $699,071,000 is available for continued construction of
the third vessel (designated SSN-23) in the Seawolf attack
submarine class, which shall be the final vessel in that class;
(B) $296,186,000 is available for long-lead and advance
construction and procurement of components for construction of a
submarine (previously designated by the Navy as the New Attack
Submarine) beginning in fiscal year 1998 to be built by Electric
Boat Division; and
(C) $701,000,000 is available for long-lead and advance
construction and procurement of components for construction of a
second submarine (previously designated by the Navy as the New
Attack Submarine) beginning in fiscal year 1999 to be built by
Newport News Shipbuilding.
[[Page 110 STAT. 2442]]
(2) In addition to the purposes for which the amounts under
subparagraphs (B) and (C) of paragraph (1) are available, such amounts
are also available for contracts with Electric Boat Division and Newport
News Shipbuilding to carry out the provisions of the ``Memorandum of
Agreement Among the Department of the Navy, Electric Boat Corporation
(EB) and Newport News Shipbuilding and Drydock Company (NNS) Concerning
the New Attack Submarine'', dated April 5, 1996, relating to design data
transfer, design improvements, integrated process teams, and updated
design base.
(b) Amounts Authorized From Navy RDT&E Account.--(1) Of the amount
authorized to be appropriated by section 201(2), $487,611,000 is
available for the design of the submarine previously designated by the
Navy as the New Attack Submarine.
(2)(A) Of the amount authorized to be appropriated by section
201(2), $60,000,000 is available for obligation under contracts with
Electric Boat Division and Newport News Shipbuilding and other entities
to address the inclusion on future nuclear attack submarines of the core
advanced technologies that are identified by the Secretary of Defense
(in the report of the Secretary entitled ``Report on Nuclear Attack
Submarine Procurement and Submarine Technology'', submitted to Congress
on March 26, 1996) as those technologies the maturation of which the
Submarine Technology Assessment Panel recommended be addressed in its
March 15, 1996, final report to the Assistant Secretary of the Navy for
Research, Development, and Acquisition, as follows: hydrodynamics,
alternative sail designs, advanced arrays, electric drive, external
weapons, and active controls and mounts.
(B) Of the amount available under subparagraph (A), $20,000,000
shall be equally divided between Electric Boat Division and Newport News
Shipbuilding for the purpose of ensuring that those shipbuilders are
principal participants in the process of addressing the inclusion of
technologies referred to in subparagraph (A) on future nuclear attack
submarines. Contracts with the shipbuilders under this subparagraph
shall provide the shipbuilders with wide latitude to pursue submarine-
wide, integrated systems approaches to the inclusion of such
technologies. The Secretary of the Navy shall ensure that those
shipbuilders have access for such purpose (under procedures prescribed
by the Secretary) to the Navy laboratories and the Office of Naval
Intelligence and (in accordance with arrangements to be made by the
Secretary) to the Defense Advanced Research Projects Agency.
(3) Of the amount authorized to be appropriated by section 201(2),
$38,000,000 is available to begin funding those Category I and Category
II advanced technologies described in Appendix C of the report of the
Secretary of Defense referred to in paragraph (2)(A). The Secretary of
the Navy shall ensure that Electric Boat Division and Newport News
Shipbuilding are also principal participants in the technology
initiatives pursued with such funds to ensure submarine-wide, integrated
systems approaches to the inclusion of such technologies on future
nuclear attack submarines.
(4) In addition to the purposes for which the amounts under
paragraphs (1), (2), and (3) are available, such amounts are also
available for contracts with Electric Boat Division and Newport News
Shipbuilding to carry out the provisions of the memorandum of agreement
referred to in subsection (a)(2) for research and development activities
under that memorandum of agreement.
[[Page 110 STAT. 2443]]
(c) Amount From Fiscal Year 1996 Funds for National Defense Sealift
Fund.--(1) Section 132 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 210) is repealed.
(2) The amount referred to in section 132 of the National Defense
Authorization Act for Fiscal Year 1996 (as in effect immediately before
the repeal by paragraph (1)) shall be available to the Secretary of the
Navy for activities relating only to advanced submarine technology that
involve the construction of large scale vehicles for purposes of
hydrodynamic and
hydroacoustic research on developmental designs for hulls and propulsion
systems.
(d) Contracts Authorized.--(1) The Secretary of the Navy is
authorized, using funds available pursuant to subparagraphs (B) and (C)
of subsection (a)(1), to enter into contracts with Electric Boat
Division and Newport News Shipbuilding, and suppliers of components,
during fiscal year 1997 for--
(A) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary may enter into a contract or contracts under this
section with the shipbuilder of the fiscal year 1998 submarine only if
the Secretary enters into a contract or contracts under this section
with the shipbuilder of the fiscal year 1999 submarine.
(e) <<NOTE: Certification.>> Limitations.--(1)(A) Of the amounts
specified in subsection (a)(1), not more than $100,000,000 may be
obligated until the Secretary of Defense certifies in writing to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives that procurement of nuclear
attack submarines described in subparagraph (B) will be under one or
more contracts that are entered into after competition between Electric
Boat Division and Newport News Shipbuilding in which the Secretary of
the Navy solicits competitive proposals and awards the contract or
contracts on the basis of price.
(B) The submarines referred to in subparagraph (A) are nuclear
attack submarines that are to be constructed beginning--
(i) after fiscal year 1999; or
(ii) if four submarines are to be procured as provided for
in the plan required under section 131(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 208), after fiscal year 2001.
<<NOTE: Reports.>> (2) Of the amounts specified in subsection
(a)(1), not more than $675,000,000 may be obligated until the Under
Secretary of Defense for Acquisition and Technology submits to the
congressional committees specified in paragraph (1) a report in writing
detailing the following:
(A) The Under Secretary's oversight activities to date, and
plans for the future, for the development and improvement of the
nuclear attack submarine program of the Navy as required by
section 131(b)(2)(C) of the National Defense Authorization Act
for Fiscal Year 1996 (110 Stat. 207).
(B) The implementation of, and activities conducted under,
the program required to be established by the Director of the
Defense Advanced Research Projects Agency by section 131(i) of
the National Defense Authorization Act for Fiscal Year 1996 (110
Stat. 210) for the development and demonstration of
[[Page 110 STAT. 2444]]
advanced submarine technologies and a rapid prototype
acquisition strategy for both land-based and at-sea subsystem
and system demonstrations of such technologies.
(C) A description of all research, development, test, and
evaluation programs, projects, or activities within the
Department of Defense which, in the opinion of the Under
Secretary, are designed to contribute to the development and
demonstration of advanced submarine technologies leading to a
more capable, more affordable nuclear attack submarine,
specifically identifying ongoing involvement, and plans for
future involvement, in any such program, project, or activity by
either Electric Boat Division or Newport News Shipbuilding, or
by both.
(3) <<NOTE: Certification.>> Of the amount specified in subsection
(b)(1), not more than $100,000,000 may be obligated or expended until
the Under Secretary of Defense (Comptroller) certifies in writing to the
congressional committees specified in paragraph (1) that--
(A) funds specified in subsection (c)(2) have been made
available for obligation; and
(B) to the extent that funds specified in paragraphs (2) and
(3) of subsection (b) have been appropriated for the purposes
specified in such paragraphs, such funds have been made
available for obligation.
(f) Acquisition Simplification.--In furtherance of the direction
provided by subsection (d) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (110 Stat. 209) to the Secretary
of Defense regarding the application of acquisition reform policies and
procedures to the submarine program under that section, the Secretary
shall direct the Secretary of the Navy to implement for the submarine
programs of the Navy acquisition reform initiatives similar in intent
and approach to the initiatives begun by the Secretary of the Air Force
in May 1995 and referred to as the ``Lightning Bolt''
initiatives. <<NOTE: Reports.>> The Secretary of the Navy shall, not
later than March 31, 1997, submit to the congressional committees
specified in subsection (e)(1) a report on the results of the
implementation of such initiatives.
(g) Design Responsibility.--(1) The Secretary of the Navy shall
carry out the submarine program described in section 131 of the National
Defense Authorization Act for Fiscal Year 1996 in a manner that ensures
that each of the two shipbuilders in-
volved in the design and construction of the four submarines described
in that section be allowed to propose to the Secretary any design
improvement that the shipbuilder considers appropriate for the
submarines to be built by that shipbuilder as part of those four
submarines. The Secretary shall ensure that both shipbuilders have full
and open access to all design data concerning the design of the
submarine previously designated by the Navy as the New Attack Submarine.
(2) The designs proposed by the shipbuilders should proceed from,
but not be limited to, the specific advanced technologies referred to in
subsection (b)(2)(A), especially technologies involving hydrodynamics
and hydroacoustics concepts.
(3) <<NOTE: Reports.>> The Secretary shall require both shipbuilders
to submit to the Secretary an annual report on the progress of the
design work on the submarines referred to in paragraph (1) and shall
transmit each such report to the committees specified in subsection
(e)(1).
[[Page 110 STAT. 2445]]
(4) <<NOTE: Reports.>> The Secretary shall also submit an annual
report to the committees specified in subsection (e)(1) on the design
improvements proposed by the two shipbuilders under paragraph (1) for
incorporation on any of the four submarines and on the degree to which
design information on the base design and design improvements has been
shared between the shipbuilders. Each annual report shall set forth each
design improvement proposed and whether that proposal was--
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall include the
reasons therefor and any views of the shipyard making the
proposal.
(5) The reports referred to in paragraphs (3) and (4) shall be
submitted concurrently with the annual revisions to the Secretary of
Defense's nuclear attack submarine plan required by section 131(e) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 209).
(h) Serial Production.--The Secretary of Defense shall modify the
plan relating to development of a program leading to production of a
more capable and less expensive submarine than the New Attack Submarine
that was submitted to Congress pursuant to section 131(c) of the
National Defense Authorization Act for Fiscal Year 1996 in order to
provide in such plan the option for selection of a design for a next
submarine for serial production not earlier than fiscal year 2002
(rather than fiscal year 2003, as provided in paragraph (3)(B) of such
section 131(c)).
(i) References to Shipbuilders.--For purposes of this
section--
(1) the shipbuilder referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General Dynamics
Corporation; and
(2) the shipbuilder referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(j) Submarines Defined by Reference to Fiscal Year.--For purposes of
this section--
(1) the term ``fiscal year 1998 submarine'' means the
submarine referred to in subsection (a)(1)(B); and
(2) the term ``fiscal year 1999 submarine'' means the
submarine referred to in subsection (a)(1)(C).
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Funding.--(1) Subject to paragraph (3), funds authorized to be
appropriated by section 102(a)(3) may be made available for contracts
entered into during fiscal year 1996 under subsection (b)(1) of section
135 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 211) for construction for the third of
the three Arleigh Burke class destroyers covered by that subsection.
Such funds are in addition to amounts made available for such contracts
by the second sentence of subsection (a) of that section.
(2) Subject to paragraph (3), funds authorized to be appropriated by
section 102(a)(3) may be made available for contracts entered into
during fiscal year 1997 under subsection (b)(2) of such section 135 for
construction (including advance procurement) for the Arleigh Burke class
destroyers covered by such subsection (b)(2).
[[Page 110 STAT. 2446]]
(3) The aggregate amount of funds available under paragraphs (1) and
(2) for contracts referred to in such paragraphs may not exceed
$3,483,030,000.
(4) Within the amount authorized to be appropriated by section
102(a)(3), $525,000,000 is authorized to be appropriated for advance
procurement for construction for the Arleigh Burke class destroyers
authorized by subsection (b).
(b) Authority for Multiyear Procurement of Twelve Vessels.--The
Secretary of the Navy is authorized, pursuant to section 2306b of title
10, United States Code, to enter into multiyear contracts for the
procurement of a total of 12 Arleigh Burke class destroyers at a
procurement rate of three ships in each of fiscal years 1998, 1999,
2000, and 2001 in accordance with this subsection and subsection (a)(4),
subject to the availability of appropriations for such destroyers. A
contract for construction of one or more vessels that is entered into in
accordance with this subsection shall include a clause that limits the
liability of the Government to the contractor for any termination of the
contract.
SEC. 123. EA-6B AIRCRAFT REACTIVE JAMMER PROGRAM.
(a) Limitation.--None of the funds appropriated pursuant to section
102(a)(1) for modifications or upgrades of EA-6B aircraft may be
obligated, other than for a reactive jammer program for such aircraft,
until 30 days after the date on which the Secretary of the Navy submits
to the congressional defense committees in writing--
(1) <<NOTE: Certification.>> a certification that some or
all of such funds have been obligated for a reactive jammer
program for EA-6B aircraft; and
(2) <<NOTE: Reports.>> a report that sets forth a detailed,
well-defined program for--
(A) developing a reactive jamming capability for EA-
6B aircraft; and
(B) upgrading the EA-6B aircraft of the Navy to
incorporate the reactive jamming capability.
(b) Contingent Transfer of Funds to Air Force.--(1) If the Secretary
of the Navy has not submitted the certification and report described in
subsection (a) to the congressional defense committees before June 1,
1997, then, on that date, the Secretary of Defense shall transfer to the
Air Force, out of appropriations available to the Navy for fiscal year
1997 for procurement of aircraft, the amount equal to the amount
appropriated to the Navy for fiscal year 1997 for modifications and
upgrades of EA-6B aircraft.
(2) Funds transferred to the Air Force pursuant to paragraph (1)
shall be available for maintaining and upgrading the jamming capability
of EF-111 aircraft.
SEC. 124. T-39N TRAINER AIRCRAFT FOR THE NAVY.
The Secretary of the Navy may, using funds appropriated for fiscal
year 1996 for procurement of T-39N trainer aircraft for the Navy that
remain available for obligation for such purpose, enter into a contract
for the acquisition of T-39N aircraft for naval flight officer training
that are suitable for low-level training flights. Such a contract may be
entered into only after the Secretary complies with section 137 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 212).
[[Page 110 STAT. 2447]]
SEC. 125. PENGUIN MISSILE PROGRAM.
(a) Multiyear Procurement Authority.--The Secretary of the Navy may,
in accordance with section 2306b of title 10, United States Code, enter
into multiyear procurement contracts for the procurement of not more
than 106 Penguin missile systems.
(b) Limitation on Total Cost.--The total amount obligated or
expended for procurement of Penguin missile systems under contracts
under subsection (a) may not exceed $84,800,000.
Subtitle D--Air Force Programs
SEC. 131. REPEAL OF LIMITATION ON PROCUREMENT OF F-15E AIRCRAFT.
Section 134 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) is repealed.
SEC. 132. MODIFICATION TO MULTIYEAR PROCUREMENT AUTHORITY FOR C-17
AIRCRAFT PROGRAM.
(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may enter into one or more multiyear contracts for the procurement of C-
17 aircraft (including the section 2703 contract entered into before the
date of the enactment of this Act under the authority of section 2703 of
the Supplemental Appropriations Act of 1996 (title II of Public Law 104-
134)). The total number of aircraft contracted to be procured under such
multiyear contracts may not exceed 80. Any such contract shall be
entered into in accordance with section 2306b of title 10, United States
Code (and subject to such modifications as may be authorized by law in
the maximum period for such contracts specified in subsection (k) of
such section).
(b) Requirement To Negotiate Option to Convert Existing Contract to
Six Program Years.--The Secretary of the Air Force shall negotiate with
the prime contractor for the C-17 aircraft program so as to achieve a
contract option for the United States under the section 2703 contract to
convert the multiyear procurement period under that contract to a period
of six program years based upon the level of funding for that program
for fiscal year 1997.
(c) Contract Period.--A contract entered into after the date of the
enactment of this Act on a multiyear basis under the authority of
subsection (a) may (notwithstanding section 2306b(k) of title 10, United
States Code) be for a period of six program years.
(d) Section 2703 Contract Defined.--For purposes of this section,
the term ``section 2703 contract'' means the contract entered into by
the Secretary of the Air Force on May 31, 1996, with the prime
contractor for the C-17 aircraft program under the authority of section
2703 of the Supplemental Appropriations Act of 1996 (title II of Public
Law 104-134) providing for a multiyear procurement of C-17 aircraft over
seven program years with an option for the Secretary to convert that
period to six program years.
[[Page 110 STAT. 2448]]
Subtitle E--Other Matters
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES OF THE RESERVE
COMPONENTS.
(a) Assessments Required.--Not later than December 1, 1996, each
officer referred to in subsection (b) shall submit to the congressional
defense committees an assessment of the modernization priorities
established for the reserve component or reserve components for which
that officer is responsible.
(b) Responsible Officers.--The officers required to submit a report
under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces Reserve.
SEC. 142. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 214; 50 U.S.C. 1521 note) is
amended by adding at the end the following new subsections:
``(e) Assessment of Alternative Technologies for Demilitarization of
Assembled Chemical Munitions.--(1) In addition to the assessment
required by subsection (c), the Secretary of Defense shall conduct an
assessment of the chemical demilitarization program for destruction of
assembled chemical munitions and of the alternative demilitarization
technologies and processes (other than incineration) that could be used
for the destruction of the lethal chemical agents that are associated
with these munitions, while ensuring maximum protection for the general
public, the personnel involved in the demilitarization program, and the
environment. The measures considered shall be limited to those that
would minimize the risk to the public and reduce the total cost of the
chemical agents and munitions destruction program. The assessment shall
be conducted without regard to any limitation that would otherwise apply
to the conduct of such assessment under any provision of law.
``(2) The assessment shall be conducted in coordination with the
National Research Council.
``(3) Among the alternatives, the assessment shall include a
determination of the cost of incineration of the current chemical
munitions stockpile by building incinerators at each existing facility
compared to the proposed cost of dismantling those same munitions,
neutralizing them at each storage site (other than Tooele Army Depot or
Johnston Atoll), and transporting
the neutralized remains and all munitions parts to a treatment, storage,
and disposal facility within the United States that has the necessary
environmental permits to undertake incineration of the material.
``(4) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
``(5) <<NOTE: Reports.>> Not later than December 31, 1997, the
Secretary of Defense shall submit to Congress a report on the assessment
conducted in accordance with paragraph (1) and any recommendations for
[[Page 110 STAT. 2449]]
revision of the chemical demilitarization program, including the
continued development of alternative demilitarization technologies and
processes other than incineration that could be used for the destruction
of the lethal chemical agents that are associated with these assembled
chemical munitions and the chemical munitions demilitarization sites for
which the selected technologies should be developed.
``(f) Pilot Program for Demilitarization of Chemical Agents for
Assembled Munitions.--(1) If the Secretary of Defense makes a decision
to continue the development of an alternative demilitarization
technology or process (other than incineration) that could be used for
the destruction of the lethal chemical agents that are associated with
assembled chemical munitions, $25,000,000 shall be available from the
funds authorized to be appropriated in section 107 of the National
Defense Authorization Act for Fiscal Year 1997 for the chemical agents
and munitions destruction program, in order to initiate a pilot program
using the selected alternative technology or process for the destruction
of chemical agents that are stored at these sites.
``(2) <<NOTE: Notice.>> Not less than 30 days before using funds to
initiate the pilot program under paragraph (1), the Secretary shall
submit notice in writing to Congress of the Secretary's intent to do so.
``(3) The pilot program shall be conducted at the selected chemical
agent and munitions stockpile storage site for which the alternative
technology or process is recommended.''.
SEC. 143. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING
AND MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support
Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501
note) is amended by striking out ``During fiscal years 1993 through
1996'' and inserting in lieu thereof ``During fiscal years 1993 through
1998''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic
Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
[[Page 110 STAT. 2450]]
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare
defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or
chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year
1997.
Sec. 242. Certification of capability of United States to defend against
single
ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint
Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures for
the award of certain contracts to colleges and
universities.
Sec. 266. Pilot program for transfer of defense technology information
to private
industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,780,615,000.
(2) For the Navy, $8,068,299,000.
(3) For the Air Force, $14,756,366,000.
(4) For Defense-wide activities, $9,691,293,000, of which--
(A) $269,038,000 is authorized for the activities of
the Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1997.--Of the amounts authorized to be appropriated
by section 201, $4,031,343,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense
[[Page 110 STAT. 2451]]
research and development under Department of Defense category 6.1 or
6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAM.
(a) Allocation of Funds.--Of the amount appropriated pursuant to the
authorization in section 201(4), $85,000,000 shall be available for the
dual-use technology program under this section.
(b) Designation of Official for Dual-Use Program.--(1) The Secretary
of Defense shall designate a senior official in the Office of the
Secretary of Defense to have as that official's sole responsibilities
developing policy relating to, and ensuring effective implementation of,
the dual-use technology program of the Department of Defense. In
carrying out such responsibilities, the official shall ensure--
(A) that commercial technologies are integrated into current
and future military systems to the maximum extent practicable;
(B) that dual-use projects are coordinated with the joint
warfighting science and technology plan referred to in section
270; and
(C) that dual-use projects of the military departments and
the defense agencies are coordinated and avoid unnecessary
duplication.
(2) <<NOTE: Effective date. Termination date.>> The senior official
designated under paragraph (1) shall carry out such responsibilities
during the period beginning on October 1, 1996, and ending on September
30, 2000. Such official shall report directly to the Under Secretary of
Defense for Acquisition and Technology.
(c) Funding Requirement.--Of the amounts appropriated pursuant to
the authorizations in section 201 for the Department of Defense for
science and technology programs for fiscal year 1997, at least 5 percent
of such amounts shall be available only for dual-use projects of the
Department of Defense. The funds made available under the preceding
sentence are in addition to the funds made available under subsection
(a).
(d) Limitation on Obligations.--Funds made available pursuant to
subsections (a) and (c) may be used for a dual-use project only if the
contract, cooperative agreement, or other
transaction by which the project is carried out is entered into through
the use of competitive procedures.
(e) Transfer Authority.--In addition to the transfer authority
provided in section 1001, the Secretary of Defense may transfer funds
made available pursuant to subsections (a) and (c) for a dual-use
project from a military department or defense agency to another military
department or defense agency to ensure efficient implementation of the
dual-use technology program. The Secretary may delegate the authority
provided in the preceding sentence to the senior official designated
under subsection (b).
(f) Federal Cost Share.--The share contributed by the Secretary of a
military department or the head of a defense agency for the cost of a
dual-use project during fiscal year 1997 may not be greater than 50
percent of the cost of the project for that fiscal year.
(g) Report.--At the same time the President submits to Congress the
budget for fiscal year 1998 pursuant to section 1105(a) of title 31,
United States Code, the Secretary of Defense shall submit to Congress a
report that specifies the investment strategy
[[Page 110 STAT. 2452]]
for the dual-use technology program to be conducted during fiscal years
1998, 1999, and 2000.
(h) Definitions.--In this section:
(1) The term ``dual-use technology program'' means the
program of the Department of Defense under which research or
development of a dual-use technology (as defined in section 2491
of title 10, United States Code) is carried out and the costs of
which are shared between the Department of Defense and non-
Government entities. The term includes the dual-use critical
technology program established pursuant to section 2511 of title
10, United States Code.
(2) The term ``dual-use project'' means a project under the
dual-use technology program.
(3) The term ``science and technology program'' means a
program of a military department under which basic research,
applied research, or advanced technology development is carried
out.
SEC. 204. DEFENSE SPECIAL WEAPONS AGENCY.
There is hereby authorized to be appropriated for fiscal year 1997
the amount of $314,313,000 for the Defense Special Weapons Agency, of
which--
(1) $7,900,000 is for procurement;
(2) $218,330,000 is for research, development, test, and
evaluation; and
(3) $88,083,000 is for operations and maintenance.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Funding.--Funds appropriated pursuant to the authorization of
appropriations in section 201(3) are authorized to be made available for
space launch modernization for purposes and in amounts as follows:
(1) For the Evolved Expendable Launch Vehicle program,
$44,457,000.
(2) For a competitive reusable launch vehicle program
(program element 63401F), $25,000,000.
(b) Limitations.--(1) Of the funds made available for the reusable
launch vehicle program pursuant to subsection (a)(2), the total amount
obligated for such purpose may not exceed the total amount allocated in
the fiscal year 1997 current operating plan of the National Aeronautics
and Space Administration for the Reusable Space Launch program of the
National Aeronautics and Space Administration.
(2) Of the funds made available for the Evolved Expendable Launch
Vehicle program pursuant to subsection (a)(1), the total amount
obligated for such purpose may not exceed $20,000,000 until the
Secretary of Defense certifies to Congress that the Secretary has made
available for obligation the funds, if any, that are made available for
the Reusable Launch Vehicle program pursuant to subsection (a)(2).
(c) <<NOTE: Plans.>> Coordination of Engine Testing.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense and the Administrator of the National Aeronautics and Space
[[Page 110 STAT. 2453]]
Administration shall submit to Congress a joint plan for coordinating
and eliminating unnecessary duplication in the operations and planned
improvements of rocket engine and rocket engine component test
facilities managed by the Department of the Air Force and the National
Aeronautics and Space Administration. The plan shall provide, to the
extent practical, for the development of commonly funded and commonly
operated facilities.
SEC. 212. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding.--Funds appropriated pursuant to the authorization of
appropriations in section 201(3) are authorized to be made available for
the Space-Based Infrared System program for purposes and in amounts as
follows:
(1) For Space Segment High, $173,290,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) <<NOTE: Certification.>> Limitation.--Not more than
$100,000,000 of the funds authorized to be made available under
subsection (a)(1) may be obligated or expended until the Secretary of
Defense certifies to Congress that the Secretary has made available the
funds authorized to be made available under subsection (a)(2) for the
purpose of accelerating the deployment of the Space Segment Low (the
Space and Missile Tracking System).
(c) <<NOTE: Review.>> Program Management.--Before the submission of
the President's budget for fiscal year 1998, the Secretary of Defense
shall conduct a review of the appropriate management responsibilities
for the Space and Missile Tracking System, including whether
transferring such management responsibility from the Air Force to the
Ballistic Missile Defense Organization would result in improved program
efficiencies and support.
SEC. 213. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Amount for Program.--Of the amount authorized to be appropriated
under section 201(3), $50,000,000 shall be available for the Clementine
2 micro-satellite near-Earth asteroid interception mission.
(b) <<NOTE: Certification.>> Limitation.--Of the funds authorized
to be appropriated pursuant to this Act for the global positioning
system (GPS) Block II F Satellite system, not more than $25,000,000 may
be obligated until the Secretary of Defense certifies to Congress that--
(1) funds appropriated for fiscal year 1996 for the
Clementine 2 Micro-Satellite development program have been
obligated in accordance with Public Law 104-106 and the Joint
Explanatory Statement of the Committee of Conference
accompanying S. 1124 (House Report 104-450 (104th Congress,
second session)); and
(2) the Secretary has made available for obligation the
funds appropriated for fiscal year 1997 for the purpose
specified in subsection (a).
SEC. 214. LIVE-FIRE SURVIVABILITY TESTING OF V-22 OSPREY AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense may,
in accordance with section 2366(c) of title 10, United States Code,
waive for the V-22 Osprey aircraft program the survivability tests
required by that section, notwithstanding that such program has entered
engineering and manufacturing development.
[[Page 110 STAT. 2454]]
(b) Report to Congress.--In exercising the waiver authority in
section 2366(c) of title 10, United States Code, the Secretary shall
submit to Congress a report explaining how the Secretary plans to
evaluate the survivability of the V-22 Osprey aircraft system and
assessing possible alternatives to realistic survivability testing of
the system.
(c) Alternative Survivability Test Requirements.--If the Secretary
of Defense submits in accordance with section 2366(c)(1) of title 10,
United States Code, a certification that live-fire testing of the V-22
Osprey aircraft would be unreasonably expensive and impractical, the
Secretary shall require that components critical to the survivability of
the V-22 Osprey aircraft be subjected to live-fire testing under an
alternative live-fire testing program that, by reason of the number of
such components tested and the realism of the threat environments under
which the components are tested, will yield test results that provide a
sufficient basis for drawing meaningful conclusions about the
survivability of V-22 Osprey aircraft.
(d) Funding.--The funds required to carry out any alternative live-
fire testing of the V-22 Osprey aircraft system shall be made available
from amounts appropriated for the V-22 Osprey program.
SEC. 215. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense may,
in accordance with section 2366(c) of title 10, United States Code,
waive for the F-22 aircraft program the survivability tests required by
that section, notwithstanding that such program has entered engineering
and manufacturing development.
(b) Alternative Survivability Test Requirements.--If the Secretary
of Defense submits in accordance with section 2366(c)(1) of title 10,
United States Code, a certification that live-fire testing of the F-22
aircraft would be unreasonably expensive and impractical, the Secretary
shall require that components and subsystems critical to the
survivability of the F-22 aircraft be subjected to live-fire testing
under an alternative live-fire testing program that, by reason of the
number of such components and subsystems tested and the realism of the
threat environments under which the components and subsystems are
tested, will yield test results that provide a sufficient basis for
drawing meaningful conclusions about the survivability of F-22 aircraft.
(c) Funding.--The funds required to carry out any alternative live-
fire testing of the F-22 aircraft system shall be made available from
amounts appropriated for the F-22 program.
SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED
RECONNAISSANCE AIRCRAFT.
(a) <<NOTE: Effective date.>> Limitation.--Effective on the date of
the enactment of this Act, not more than $50,000,000 (in fiscal year
1997 constant dollars) may be obligated or expended for--
(1) research, development, test, and evaluation for, and
acquisition and modification of, the F-16 tactical manned
reconnaissance aircraft program; and
(2) costs associated with the termination of such program.
(b) Exception.--The limitation in subsection (a) shall not apply to
obligations required for improvements planned before the date of the
enactment of this Act to incorporate the common data link into the F-16
tactical manned reconnaissance aircraft.
[[Page 110 STAT. 2455]]
SEC. 217. COST ANALYSIS OF F-22 AIRCRAFT PROGRAM.
(a) Review and Report.--The Secretary of Defense shall direct the
Cost Analysis Improvement Group in the Office of the Secretary of
Defense to review the F-22 aircraft program, analyze and estimate the
production costs of the program, and submit to the Secretary a report on
the results of the review.
(b) Content of Report.--The report shall include--
(1) a comparison of--
(A) the results of the review, with
(B) the results of the last independent estimate of
production costs of the program that was prepared by the
Cost Analysis Improvement Group in July 1991; and
(2) a description of any major changes in programmatic
assumptions that have occurred since the estimate referred to in
paragraph (1)(B) was made, including any major change in
assumptions regarding the program schedule, the quantity of
aircraft to be developed and acquired, and the annual rates of
production, together with
an assessment of the effects of such changes on the program.
(c) Submission of Report.--Not later than March 30, 1997, the
Secretary shall submit the report to the congressional defense
committees, together with the Secretary's views on the matters covered
by the report.
(d) Limitation on Use of Funds Pending Submission of Report.--Not
more than 92 percent of the funds appropriated for the F-22 aircraft
program pursuant to the authorization of appropriations in section
103(1) may be expended until the Secretary of Defense submits the report
required under this section.
SEC. 218. F-22 AIRCRAFT PROGRAM REPORTS.
(a) Annual Report.--(1) At the same time that the President submits
the budget for a fiscal year to Congress pursuant to section 1105(a) of
title 31, United States Code, the Secretary of Defense shall submit to
Congress a report on event-based decisionmaking for the F-22 aircraft
program for that fiscal year. The Secretary shall submit the report for
fiscal year 1997 not later than October 1, 1996.
(2) The report for a fiscal year shall include the following:
(A) A discussion of each decision known within the
Department of Defense as an ``event-based decision'' that is
expected to be made during that fiscal year regarding whether
the F-22 program is to proceed into a new phase or into a new
administrative subdivision of a phase.
(B) The criteria known within the Department of Defense as
``exit criteria'' to be applied, for purposes of making the
event-based decision, in determining whether the F-22 aircraft
program has demonstrated the specific progress necessary for
proceeding into the new phase or administrative subdivision of a
phase.
(b) Report on Event-Based Decisions.--Not later than 30 days after
an event-based decision has been made for the F-22 aircraft program, the
Secretary of Defense shall submit to Congress a report on the decision.
The report shall include the following:
(1) A discussion of the commitments made, and the
commitments to be made, under the program as a result of the
decision.
(2) The exit criteria applied for purposes of the decision.
[[Page 110 STAT. 2456]]
(3) How, in terms of the exit criteria, the program
demonstrated the specific progress justifying the decision.
SEC. 219. COST-BENEFIT ANALYSIS OF F/A-18E/F AIRCRAFT PROGRAM.
(a) Report on Program.--Not later than March 30, 1997, the Secretary
of Defense shall submit to the congressional defense committees a report
on the F/A-18E/F aircraft program.
(b) Content of Report.--The report shall contain the
following:
(1) A review of the F/A-18E/F aircraft program.
(2) An analysis and estimate of the production costs of the
program for the total number of aircraft realistically expected
to be procured at each of three annual production rates as
follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the program
with the costs and benefits of the F/A-18C/D aircraft program
taking into account the operational combat effectiveness of the
aircraft.
(c) Limitation on Use of Funds Pending Submission of Report.--Not
more than 90 percent of the funds authorized to be appropriated by this
Act for the procurement of F/A-18E/F aircraft may be obligated or
expended for procurement of such aircraft before the date that is 30
days after the date on which the congressional defense committees
receive the report required under subsection (a).
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201, $602,069,000
shall be available only for advanced technology development for the
Joint Advanced Strike Technology (JAST) program. Of that amount--
(1) $259,833,000 shall be available only for program element
63800N in the budget of the Department of Defense for fiscal
year 1997;
(2) $263,836,000 shall be available only for program element
63800F in the budget of the Department of Defense for fiscal
year 1997; and
(3) $78,400,000 shall be available only for program element
63800E in the budget of the Department of Defense for fiscal
year 1997.
(b) Analysis of Force Structure.--Of the amounts authorized to be
appropriated by section 201 for the Joint Advanced Strike Technology
program, up to $10,000,000 shall be available for the conduct of an
analysis by the Institute for Defense Analyses of the following:
(1) The weapon systems force structure required to meet the
anticipated range of threats projected by the intelligence
community for the period 2000 through 2025.
(2) Alternative force mixes, including, at a minimum, the
following force mixes:
(A) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, AH-64,
AH-1W, RAH-66, F-14, F-16, F-15, F-117, F-22, B-1, B-2,
and
[[Page 110 STAT. 2457]]
B-52 aircraft; and air-to-surface and surface-to-surface
weapons systems.
(B) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, F-14, F-
16, F-15, F-117, and F-22 aircraft; and air-to-surface
and surface-to-surface weapons systems.
(3) Cost and operational effectiveness of the alternative
force mixes analyzed under paragraph (2), including
sensitivity analyses related to system performance, costs, threats, and
force employment scenarios.
(4) Required operational capability dates of systems not yet
in production for the force mixes analyzed under paragraph (2).
(5) Affordability, commonality, and roles and missions
considerations related to the alternative force mixes analyzed
under paragraph (2).
(c) <<NOTE: Reports.>> Cost Review of Force Structure Analysis.--
The Secretary of Defense shall direct the Cost Analysis Improvement
Group in the Office of the Secretary of Defense to review cost estimates
made under the analysis conducted under subsection (b) and submit to the
Secretary a report on the results of the review. The report may include
comments and additional cost sensitivity analyses.
(d) Briefing and Report.--(1) Not later than November 15, 1996, the
Secretary of Defense shall make available to the congressional defense
committees a briefing on the plan and assumptions for the analysis to be
conducted under subsection (b).
(2) Not later than May 15, 1997, the Secretary of Defense shall
submit to the congressional defense committees a report containing a
copy of the analysis conducted under subsection (b) and of the cost
review conducted under subsection (c), together with the views of the
Secretary on such analysis and cost review.
SEC. 221. UNMANNED AERIAL VEHICLES.
(a) Procurement Funding Request.--The funding request for
procurement for unmanned aerial vehicles for any fiscal year shall be
set forth under the funding requests for the military departments in the
budget of the Department of Defense.
(b) <<NOTE: Effective date.>> Transfer of Program Management.--
Program management for the Predator Unmanned Aerial Vehicle, and
programmed funding for such vehicle for fiscal years 1998, 1999, 2000,
2001, and 2002 (as set forth in the future-years defense program), shall
be transferred to the Department of the Air Force, effective October 1,
1996, or the date of the enactment of this Act, whichever is later.
(c) Prohibition on Providing Operating Capability from Naval
Vessels.--No funds authorized to be appropriated by this Act may be
obligated for purposes of providing the capability of the Predator
Unmanned Aerial Vehicle to operate from naval
vessels.
SEC. 222. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECONNAISSANCE SYSTEM.
Any concepts for an improved Tier III Minus (High Altitude Endurance
Unmanned Aerial Reconnaissance) system, developed using funds authorized
to be appropriated under this title, that would increase the unit
flyaway cost for such system to an amount greater than the unit flyaway
cost established in either of the original contracts for such system,
may not be carried out under
[[Page 110 STAT. 2458]]
the original contracts, but must instead be carried out under another
contract that is awarded using competitive procedures.
SEC. 223. CYCLONE CLASS PATROL CRAFT SELF-DEFENSE.
(a) Study Required.--The Secretary of Defense shall perform a study
of the operational requirements for vessel self-defense for the Cyclone
class patrol craft and a comparative evaluation of the potential means
for meeting the operational requirements for self-defense of the craft.
The study shall consider the range of operational scenarios in which the
craft is expected to be employed.
(b) Systems To Be Evaluated.--The study under subsection (a) shall
consider those self-defense systems that could be employed aboard the
Cyclone class patrol craft, including the Barak ship self-defense
missile system.
(c) Report.--Not later than March 31, 1997, the Secretary shall
submit to Congress a report containing the results of the study under
subsection (a).
SEC. 224. ONE-YEAR EXTENSION OF DEADLINE FOR DELIVERY OF ENHANCED
FIBER OPTIC GUIDED MISSILE (EFOG-M)
SYSTEM.
Section 272(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 239) is amended by
striking out ``September 30, 1998,'' and inserting in lieu thereof
``September 30, 1999,''.
SEC. 225. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for the Army for Other Missile Product
Improvement Programs, $9,000,000 is authorized as specified in
subsection (b) for completion of the Hydra-70 product improvement
program authorized for fiscal year 1996.
(b) Authorized Actions.--Funding is authorized to be appropriated
for the following:
(1) Procurement for test and flight qualification of at
least one nondevelopmental item 2.75-inch composite rocket motor
propellant type, along with other nondevelopmental item
candidate motors that use composite propellant as the propulsion
component.
(2) Platform integration, including additional quantities of
the motor chosen for operational certification on the Apache
attack helicopter.
(c) Definition.--In this section, the term ``nondevelopmental item''
has the meaning provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
SEC. 226. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) Centers Covered.--Funds authorized to be appropriated for the
Department of Defense for fiscal year 1997 under section 201 may be
obligated to procure work from a federally funded research and
development center (in this section referred to as an ``FFRDC'') only in
the case of a center named in the report required by subsection (b) and,
in the case of such a center, only in an amount not in excess of the
amount of the proposed funding level set forth for that center in such
report.
(b) Report on Allocations for Centers.--(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary
[[Page 110 STAT. 2459]]
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report containing--
(A) the name of each FFRDC from which work is proposed to be
procured for the Department of Defense for fiscal year 1997;
(B) for each such center, the proposed funding level and the
estimated personnel level for fiscal year 1997; and
(C) for each such center, an unambiguous definition of the
unique core competencies required to be maintained for fiscal
year 1997.
(2) The total of the proposed funding levels set forth in the report
for all FFRDCs may not exceed the amount set forth in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than 15
percent of the funds authorized to be appropriated for the Department of
Defense for fiscal year 1997 for FFRDCs under section 201 may be
obligated to procure work from an FFRDC until the Secretary of Defense
submits the report required by subsection (b).
(d) Funding.--(1) Subject to paragraph (2), of the amounts
authorized to be appropriated by section 201, not more than a total of
$1,214,650,000 may be obligated to procure services from the FFRDCs
named in the report required by subsection (b).
(2) The limitation in paragraph (1) does not apply to funds
obligated for the procurement of equipment for FFRDCs.
(e) Authority To Waive Funding Limitation.--The Secretary of Defense
may waive the limitation regarding the maximum funding amount that
applies under subsection (a) to an FFRDC. <<NOTE: Notice.>> Whenever
the Secretary proposes to make such a waiver, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives notice of the proposed
waiver and the reasons for the waiver. The waiver may then be made only
after the end of the 60-day period that begins on the date on which the
notice is submitted to those committees, unless the Secretary determines
that it is essential to the national security that funds be obligated
for work at that center in excess of that limitation before the end of
such period and notifies those committees of that determination and the
reasons for the determination.
SEC. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS,
ROCKETS, AND EXPLOSIVES.
(a) Establishment of Conventional Munitions, Rockets, and Explosives
Demilitarization Program.--The Secretary of Defense shall establish an
integrated program for the development and demonstration of technologies
for the demilitarization and disposal of conventional munitions,
rockets, and explosives in a manner that complies with applicable
environmental laws.
(b) <<NOTE: Effective date.>> Duration of Program.--The program
established pursuant to subsection (a) shall be in effect for a period
of at least five years, beginning with fiscal year 1997.
(c) Funding.--Of the amount authorized to be appropriated in section
201, $15,000,000 is authorized to be appropriated for the program
established pursuant to subsection (a). The funding request for the
program shall be set forth separately in the budget
[[Page 110 STAT. 2460]]
justification documents for the budget of the Department of Defense for
each fiscal year during which the program is in effect.
(d) Reports.--The Secretary of Defense shall submit to Congress a
report on the plan for the program established pursuant to subsection
(a) at the same time the President submits to Congress the budget for
fiscal year 1998. The Secretary shall submit an updated version of such
report, setting forth in detail the progress of the program, at the same
time the President submits the budget for each fiscal year after fiscal
year 1998 during which the program is in effect.
SEC. 228. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY RELATING TO CHEMICAL AND
BIOLOGICAL WARFARE DEFENSE TECHNOLOGY.
(a) Authority.--Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1853; 50 U.S.C. 1522) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of the Defense Advanced Research Projects Agency
may conduct a program of basic and applied research and advanced
technology development on chemical and biological warfare defense
technologies and systems. In conducting such program, the Director shall
seek to avoid unnecessary duplication of the activities under the
program with chemical and biological warfare defense activities of the
military departments and defense agencies and shall coordinate the
activities under the program with those of the military departments and
defense agencies.''.
(b) Funding.--Section 1701(d) of such Act is amended--
(1) in paragraph (1), by striking out ``military
departments'' and inserting in lieu thereof ``Department of
Defense'';
(2) in paragraph (2), by inserting after ``requests for the
program'' in the first sentence the following: ``(other than for
activities under the program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2))'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The program conducted by the Defense Advanced Research
Projects Agency under subsection (c)(2) shall be set forth as a separate
program element in the budget of that agency.''.
SEC. 229. CERTIFICATION <<NOTE: President.>> OF CAPABILITY OF
UNITED STATES TO PREVENT ILLEGAL
IMPORTATION OF NUCLEAR, BIOLOGICAL, AND
CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of this Act,
the President shall submit to Congress a certification in writing
stating specifically whether or not the United States has the capability
(as of the date of the certification) to prevent the illegal importation
of nuclear, biological, and chemical weapons into the United States and
its possessions.
SEC. 230. NONLETHAL WEAPONS AND TECHNOLOGIES PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 201(2), $15,000,000 shall be available for joint service
research, development, test, and evaluation of nonlethal weapons and
nonlethal technologies under the program element established pursuant to
subsection (b).
[[Page 110 STAT. 2461]]
(b) New Program Element Required.--The Secretary of Defense shall
establish a new program element for the funds authorized to be
appropriated under subsection (a). The funds within that program element
shall be administered by the executive agent designated for joint
service research, development, test, and evaluation of nonlethal weapons
and nonlethal technologies.
SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $186,200,000 shall be
available for the Counterproliferation Support Program, of which
$75,000,000 shall be available for a tactical antisatellite technologies
program.
(b) Additional Authority To Transfer Authorizations.--(1) In
addition to the transfer authority provided in section 1001, upon
determination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in this
division for fiscal year 1997 to counterproliferation programs,
projects, and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by section
1605 of the National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 2751 note). Amounts of authorizations 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 transferred under the
authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) 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.
(5) <<NOTE: Notification.>> The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this
subsection.
(c) Limitation on Use of Funds for Technical Studies and Analyses
Pending Release of Funds.--(1) None of the funds authorized to be
appropriated to the Department of Defense for fiscal year 1997 for
program element 605104D, relating to technical studies and analyses, may
be obligated or expended until the funds referred to in paragraph (2)
have been released to the program manager of the tactical anti-satellite
technology program for implementation of that program.
(2) The funds for release referred to in paragraph (1) are as
follows:
(A) Funds authorized to be appropriated by section 218(a) of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 222) that are available for the
program referred to in paragraph (1).
(B) Funds authorized to be appropriated to the Department
for fiscal year 1997 by this Act for the Counterproliferation
[[Page 110 STAT. 2462]]
Support Program that are to be made available for that program.
Subtitle C--Ballistic Missile Defense Programs
SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR
FISCAL YEAR 1997.
(a) Program Amounts.--Of the amount appropriated pursuant to section
201(4), the following amounts may be obligated for the following systems
managed by the Ballistic Missile Defense Organization:
(1) For the Theater High Altitude Area Defense (THAAD)
System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide) system,
$304,171,000.
(3) For the National Missile Defense System, $858,437,000.
(4) For the Corps Surface-to-Air Missile (SAM)/Medium
Extended Air Defense System (MEADS), $56,200,000.
(b) <<NOTE: Certification.>> Limitation.--None of the funds
appropriated or otherwise made available for the Department of Defense
pursuant to this or any other Act may be obligated or expended by the
Office of the Under Secretary of Defense for Acquisition and Technology
for official representation activities, or related activities, until the
Secretary of Defense certifies to Congress that--
(1) the Secretary has made available for obligation the
funds provided under subsection (a) for the purposes specified
in that subsection and in the amounts appropriated pursuant to
that subsection; and
(2) the Secretary has included the Navy Upper Tier theater
missile defense system in the theater missile defense core
program.
(c) Limitations.--Not more than $15,000,000 of the amount available
for the Corps SAM/MEADS program under
subsection (a) may be obligated until the Secretary of Defense submits
to the congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/MEADS
program, including a tentative schedule of major milestones and
an estimate of the total program cost through initial
operational capability.
(2) <<NOTE: Reports.>> A report on the options associated
with the use of existing systems, technologies, and program
management mechanisms to satisfy the requirement for the Corps
surface-to-air missile, including an assessment of cost and
schedule implications in relation to the program estimate
submitted under paragraph (1).
(3) <<NOTE: Certification.>> A certification that there
will be no increase in overall United States funding commitment
to the project definition and validation phase of the Corps SAM/
MEADS program as a result of the withdrawal of France from
participation in the program.
SEC. 242. CERTIFICATION <<NOTE: President.>> OF CAPABILITY OF
UNITED STATES TO DEFEND AGAINST SINGLE
BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of this Act,
the President shall submit to Congress a certification
[[Page 110 STAT. 2463]]
in writing stating specifically whether or not the United States has the
military capability (as of the time of the certification) to intercept
and destroy a single ballistic missile launched at the territory of the
United States.
SEC. 243. REPORT ON BALLISTIC MISSILE DEFENSE AND PRO-
LIFERATION.
The Secretary of Defense shall submit to Congress a report on
ballistic missile defense and the proliferation of weapons of mass
destruction, including nuclear, chemical, and biological weapons, and
the missiles that can be used to deliver them. The report shall be
submitted not later than December 31, 1996, and shall include the
following:
(1) An assessment of how United States theater missile
defenses contribute to United States efforts to prevent
proliferation, including an evaluation of the specific effect
United States theater missile defense systems can have on
dissuading other states from acquiring ballistic missiles.
(2) An assessment of how United States national missile
defenses contribute to United States efforts to prevent
proliferation.
(3) An assessment of the effect of the lack of national
missile defenses on the desire of other states to acquire
ballistic missiles and an evaluation of the types of missiles
other states might seek to acquire as a result.
(4) A detailed review of the linkages between missile
defenses (both theater and national) and each of the categories
of counterproliferation activities identified by the Secretary
of Defense as part of the Defense Counterproliferation
Initiative announced by the Secretary in December 1993.
(5) A description of how theater and national ballistic
missile defenses can augment the effectiveness of other
counterproliferation tools.
SEC. 244. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE
PROGRAM.
Section 224(b) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note) is amended--
(1) by striking out paragraphs (3), (4), and (10);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5) and in
that paragraph by striking out ``of the Soviet Union'' and ``for
the Soviet Union'';
(4) by redesignating paragraph (8) as paragraph (6); and
(5) by redesignating paragraph (9) as paragraph (7) and in
that paragraph--
(A) by striking out ``of the Soviet Union'' in
subparagraph (A);
(B) by striking out subparagraphs (C) through (F);
and
(C) by redesignating subparagraph (G) as
subparagraph (C).
SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on National
[[Page 110 STAT. 2464]]
Security of the House of Representatives a report on the following
matters regarding the National Missile Defense Plan of the Air Force:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to that plan.
(2) The arms control implications of such a system.
(3) The growth potential of such a system to meet future
threats.
(4) The recommendations of the Secretary for improvements to
that plan.
SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National Missile
Defense system deployed by the United States is capable of defeating the
threat posed by the Taepo Dong II missile of North Korea.
SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR
EMPLOYMENT OF ESTABLISHMENT OF NATIONAL
MISSILE DEFENSE JOINT PROGRAM OFFICE.
The Secretary of Defense shall take such actions as are necessary in
connection with the establishment of the National Missile Defense Joint
Program Office within the Ballistic Missile Defense Organization to
ensure that the establishment of that office does not make it necessary
for a Federal Government contractor to reduce significantly the number
of persons employed by that contractor for supporting the national
missile defense development program at any particular location outside
the National Capital Region (as defined in section 2674(f)(2) of title
10, United States Code).
SEC. 248. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty'' means the
Treaty Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile Systems,
and signed at Moscow on May 26, 1972, and includes the Protocols to that
Treaty, signed at Moscow on
July 3, 1974.
Subtitle D--Other Matters
SEC. 261. MAINTENANCE AND REPAIR AT AIR FORCE INSTALLATIONS.
(a) Allocation of Funds.--The Secretary of the Air Force shall
allocate funds authorized to be appropriated by this title and title III
of this Act for maintenance and repair of real property at military
installations of the Department of the Air Force without regard to
whether the installation is supported with funds authorized by this
title or title III of this Act.
(b) Mixing of Funds Prohibited on Individual Projects.--The
Secretary of the Air Force may not combine funds authorized to be
appropriated by this title and funds authorized to be appropriated by
title III for an individual project for maintenance and repair of real
property at a military installation of the Department of the Air Force.
[[Page 110 STAT. 2465]]
SEC. 262. REPORT RELATING TO SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
Not later than March 30, 1997, the Comptroller General shall submit
to Congress and to the Secretary of Defense a report setting forth the
following with respect to the Small Business Innovation Research Program
(as defined by section 2491(11) of title 10, United States Code):
(1) An assessment of whether there has been a demonstrable
reduction in the quality of research performed under funding
agreements awarded by the Department of Defense under the
program since fiscal year 1995.
(2) An assessment of the degree to which competitive
procedures are being followed throughout the military
departments and defense agencies in awarding funding agreements
under the program.
(3) An assessment of the degree to which technologies
developed through the program are or are likely to be used in
military projects and programs.
SEC. 263. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802(c) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1701; 10 U.S.C. 2358 note) is
amended by striking out ``fiscal years before the fiscal year in which
the institution submits a proposal'' and inserting in lieu thereof
``most recent fiscal years for which complete statistics are available
when proposals are requested''.
SEC. 264. AMENDMENTS TO DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Section 257(d) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2705; 10 U.S.C. 2358 note) is
amended--
(1) in paragraph (1)--
(A) by striking out ``Director of the National
Science Foundation'' and inserting in lieu thereof
``Under Secretary of Defense for Acquisition and
Technology''; and
(B) by striking out ``and shall notify the Director
of Defense Research and Engineering of the States so
designated''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking out ``Director of the National
Science Foundation'' and inserting in lieu thereof
``Under Secretary of Defense for Acquisition and
Technology''; and
(ii) by striking out ``as determined by the
Director'' and inserting in lieu thereof ``as
determined by the Under Secretary'';
(B) in subparagraph (A), by striking out ``(to be
determined in consultation with the Secretary of
Defense);'' and inserting in lieu thereof ``; and'';
(C) by striking out ``; and'' at the end of
subparagraph (B) and inserting in lieu thereof a period;
and
(D) by striking out subparagraph (C).
[[Page 110 STAT. 2466]]
SEC. 265. ELIMINATION OF REPORT ON THE USE OF COMPETITIVE
PROCEDURES FOR THE AWARD OF CERTAIN
CONTRACTS TO COLLEGES AND UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by striking
out subsection (c).
SEC. 266. PILOT PROGRAM FOR TRANSFER OF DEFENSE TECHNOLOGY
INFORMATION TO PRIVATE INDUSTRY.
(a) Program Required.--The Secretary of Defense shall carry out a
pilot program to demonstrate online transfers of information on defense
technologies to businesses in the private sector through an interactive
data network involving Small Business Development Centers of
institutions of higher education.
(b) Computerized Data Base of Defense Technologies.--
(1) <<NOTE: Contracts.>> Under the pilot program, the Secretary shall
enter into an agreement with the head of an eligible institution of
higher education that provides for such institution--
(A) to develop and maintain a computerized data base of
information on defense technologies;
(B) to make such information available online to--
(i) businesses; and
(ii) other institutions of higher education entering
into partnerships with the Secretary under subsection
(c).
(2) The online accessibility may be established by means of any of,
or any combination of, the following:
(A) Digital teleconferencing.
(B) International Signal Digital Network lines.
(C) Direct modem hookup.
(c) Partnership <<NOTE: Contracts.>> Network.--Under the pilot
program, the Secretary shall seek to enter into agreements with the
heads of several eligible institutions of higher education having strong
business education programs to provide for the institutions of higher
education entering into such agreements--
(1) to establish interactive computer links with the data
base developed and maintained under subsection (b); and
(2) to assist the Secretary in making information on defense
technologies available online to the broadest practicable
number, types, and sizes of businesses.
(d) Eligible Institutions.--For the purposes of this section, an
institution of higher education is eligible to enter into an agreement
under subsection (b) or (c) if the institution has a Small Business
Development Center.
(e) Defense Technologies Covered.--(1) The Secretary shall designate
the technologies to be covered by the pilot program from among the
existing and experimental technologies that the Secretary determines--
(A) are useful in meeting Department of Defense needs; and
(B) should be made available under the pilot program to
facilitate the satisfaction of such needs by private sector
sources.
(2) Technologies covered by the program should include technologies
useful for defense purposes that can also be used for nondefense
purposes (with or without modification).
(f) Definitions.--In this section:
[[Page 110 STAT. 2467]]
(1) The term ``Small Business Development Center'' means a
small business development center established pursuant to
section 21 of the Small Business Act (15 U.S.C. 648).
(2) The term ``defense technology'' means a technology
designated by the Secretary of Defense under subsection (d).
(3) The term ``partnership'' means an agreement entered into
under subsection (c).
(g) Termination of Pilot Program.--The pilot program shall terminate
one year after the Secretary enters into an agreement under subsection
(b).
(h) Authorization of Appropriations.--Of the amount authorized to be
appropriated under section 201(4) for university research initiatives,
$3,000,000 is available for the pilot program.
SEC. 267. RESEARCH UNDER TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) Conditions for Use of Authority.--Subsection (e) of section 2371
of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (A), as so redesignated;
(3) by striking out ``; and'' at the end of subparagraph
(B), as so redesignated, and inserting in lieu thereof a period;
(4) by inserting ``(1)'' after ``(e) Conditions.--''; and
(5) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(2) A cooperative agreement containing a clause under subsection
(d) or a transaction authorized by subsection (a) may be used for a
research project when the use of a standard contract, grant, or
cooperative agreement for such project is not feasible or
appropriate.''.
(b) Revised Requirement for Annual Report.--Section 2371 of such
title is amended by striking out subsection (h) and inserting in lieu
thereof the following:
``(h) Annual Report.--(1) Not later than 90 days after the end of
each fiscal year, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National Security
of the House of Representatives a report on the use by the Department of
Defense during such fiscal
year of--
``(A) cooperative agreements authorized under section 2358
of this title that contain a clause under subsection (d); and
``(B) transactions authorized by subsection (a).
``(2) The report shall include, with respect to the cooperative
agreements and other transactions covered by the report, the
following:
``(A) The technology areas in which research projects were
conducted under such agreements or other transactions.
``(B) The extent of the cost-sharing among Federal
Government and non-Federal sources.
``(C) The extent to which the use of the cooperative
agreements and other transactions--
``(i) has contributed to a broadening of the
technology and industrial base available for meeting
Department of Defense needs; and
[[Page 110 STAT. 2468]]
``(ii) has fostered within the technology and
industrial base new relationships and practices that
support the national security of the United States.
``(D) The total amount of payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause described in
subsection (d) that was included in the cooperative agreements
and other transactions, and the amount of such payments, if any,
that were credited to each account established under subsection
(f).''.
(c) Division of Section Into Distinct Provisions by Subject
Matter.--(1) Chapter 139 of title 10, United States Code, is amended--
(A) by inserting before the last subsection of section 2371
(relating to cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980)
the following:
``Sec. 2371a. Cooperative research and development agreements
under Stevenson-Wydler Technology Innovation
Act of 1980'';
(B) in section 2371a (as designated by the amendment made by
subparagraph (A)), by striking out ``(i) Cooperative Research
and Development Agreements Under Stevenson-Wydler Technology
Innovation Act of 1980.--''; and
(C) in the table of sections at the beginning of such
chapter, by inserting after the item relating to section 2371
the following:
``2371a. Cooperative research and development agreements under
Stevenson-Wydler Technology Innovation Act of 1980.''.
(2) Section 2358(d) of such title is amended by striking out
``section 2371'' and inserting in lieu thereof ``sections 2371 and
2371a''.
SEC. 268. DESALTING TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a cause of
future military conflicts in the Middle East and has a direct
impact on stability and security in the region.
(2) The Middle East is an area of vital and strategic
importance to the United States.
(3) The United States has played a military role in the
Middle East, most recently in the Persian Gulf War, and may
likely be called upon again to deter aggression in the region.
(4) United States troops have used desalting technologies to
guarantee the availability of fresh water in past deployments in
the Middle East.
(5) Adequate, efficient, and cheap access to high-quality
fresh water will be vital to maintaining the readiness and
sustainability of troops of both the United States and its
allies.
(b) Sense of Congress.--It is the sense of Congress that, as
improved access to fresh water will be an important factor in helping
prevent future conflicts in the Middle East, the United States should,
in cooperation with its allies, promote and invest in technologies to
reduce the costs of converting saline water into fresh water.
[[Page 110 STAT. 2469]]
(c) Funding for Research and Development.--Of the amounts authorized
to be appropriated by this title, the Secretary shall place greater
emphasis on making funds available for research and development into
efficient and economical processes and methods for converting saline
water into fresh water.
SEC. 269. EVALUATION OF DIGITAL VIDEO NETWORK EQUIPMENT USED IN
OLYMPIC GAMES.
(a) Evaluation.--The Secretary of Defense shall evaluate the digital
video network equipment used in the 1996 Olympic games to determine
whether such equipment would be the most appropriate equipment for use
as a test bed for the military application of commercial off-the-shelf
advanced technology linking multiple continents, multiple satellites,
and multiple theaters of operations by compressed digital audio and
visual broadcasting technology.
(b) Report.--Not later than April 1, 1997, the Secretary of Defense
shall submit to Congress a report on the results of the evaluation
conducted under subsection (a).
SEC. 270. ANNUAL <<NOTE: 10 USC 2501 note.>> JOINT WARFIGHTING
SCIENCE AND TECHNOLOGY PLAN.
(a) Annual Plan Required.--On March 1 of each year, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
plan for ensuring that the science and technology program of the
Department of Defense supports the development of the future joint
warfighting capabilities identified as priority requirements for the
Armed Forces.
(b) First Plan.--The first plan under subsection (a) shall be
submitted not later than March 1, 1997.
Subtitle E--National Oceanographic Partnership Program
SEC. 281. <<NOTE: 10 USC 7901 note.>> FINDINGS.
Congress finds the following:
(1) The oceans and coastal areas of the United States are
among the Nation's most valuable natural resources, making
substantial contributions to economic growth, quality of life,
and national security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the
prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and protecting
their limited resources. Therefore, the United States should
maintain its world leadership in oceanography as one key to its
competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in the
[[Page 110 STAT. 2470]]
ocean sciences and education, so that optimal use can be made of
this most important natural resource for the well-being of all
Americans.
SEC. 282. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Program Required.--(1) Subtitle C of title 10, United States
Code, is amended by adding after chapter 663 the following new chapter:
``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
``(a) Establishment.--The Secretary of the Navy shall establish a
program to be known as the `National Oceanographic Partnership Program'.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality of
life, and strengthening science education and communication
through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) identifying and carrying out partnerships
among Federal agencies, academia, industry, and other
members of the oceanographic scientific community in the
areas of data, resources, education, and communication;
and
``(B) reporting annually to Congress on the program.
``Sec. 7902. National Ocean Research Leadership Council
``(a) Council.--There is a National Ocean Research Leadership
Council (hereinafter in this chapter referred to as the `Council').
``(b) Membership.--The Council is composed of the following members:
``(1) The Secretary of the Navy.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The Deputy Secretary of Energy.
``(6) The Administrator of the Environmental Protection
Agency.
``(7) The Commandant of the Coast Guard.
``(8) The Director of the Geological Survey of the
Department of the Interior.
``(9) The Director of the Defense Advanced Research Projects
Agency.
``(10) The Director of the Minerals Management Service of
the Department of the Interior.
``(11) The President of the National Academy of Sciences,
the President of the National Academy of Engineering, and the
President of the Institute of Medicine.
[[Page 110 STAT. 2471]]
``(12) The Director of the Office of Science and Technology.
``(13) The Director of the Office of Management and Budget.
``(14) One member appointed by the chairman from among
individuals who will represent the views of ocean industries.
``(15) One member appointed by the chairman from among
individuals who will represent the views of State governments.
``(16) One member appointed by the chairman from among
individuals who will represent the views of academia.
``(17) One member appointed by the chairman from among
individuals who will represent such other views as the chairman
considers appropriate.
``(c) Chairman and Vice Chairman.--(1) Except as provided in
paragraph (2), the chairman and vice chairman of the Council shall be
appointed every two years by a selection committee of the Council
composed of, at a minimum, the Secretary of the Navy, the Administrator
of the National Oceanic and Atmospheric Administration, and the Director
of the National Science Foundation. The term of office of the chairman
and vice chairman shall be two years. A person who has previously served
as chairman or vice chairman may be reappointed.
``(2) The first chairman of the Council shall be the Secretary of
the Navy. The first vice chairman of the Council shall be the
Administrator of the National Oceanic and Atmospheric Administration.
``(d) Term of Office.--The term of office of a member of the Council
appointed under paragraph (14), (15), (16), or (17) of subsection (b)
shall be two years, except that any person appointed to fill a vacancy
occurring before the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such term.
``(e) Responsibilities.--The Council shall have the following
responsibilities:
``(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
``(2) To review, select, and identify and allocate funds for
partnership projects for implementation under the program, based
on the following criteria:
``(A) Whether the project addresses critical
research objectives or operational goals, such as data
accessibility and quality assurance, sharing of
resources, education, or communication.
``(B) Whether the project has, or is designed to
have, broad participation within the oceanographic
community.
``(C) Whether the partners have a long-term
commitment to the objectives of the project.
``(D) Whether the resources supporting the project
are shared among the partners.
``(E) Whether the project has been subjected to
adequate peer review.
``(3) To assess whether there is a need for a facility (or
facilities) to provide national centralization of oceanographic
data, and to establish such a facility or facilities if
determined necessary. In conducting the assessment, the Council
shall review, at a minimum, the following:
``(A) The need for a national oceanographic data
center.
``(B) The need for a national coastal data center.
``(C) Accessibility by potential users of such
centers.
[[Page 110 STAT. 2472]]
``(D) Preexisting facilities and expertise.
``(f) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
``(1) A description of activities of the program carried out
during the fiscal year before the fiscal year in which the
report is prepared, together with a list of the members of the
Ocean Research Advisory Panel and any working groups in
existence during the fiscal year covered.
``(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
``(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
``(4) A description of the involvement of the program with
Federal interagency coordinating entities.
``(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, for the fiscal year following the fiscal year in which the
report is prepared, for the programs, projects, and activities
of the program and the estimated expenditures under such
programs, projects, and activities during such following fiscal
year.
``(g) Partnership Program Office.--(1) <<NOTE: Establishment.>> The
Council shall establish a partnership program office for the National
Oceanographic Partnership Program. The Council shall use competitive
procedures in selecting an operator for the partnership program office.
``(2) The Council shall assign the following duties to the
partnership program office:
``(A) To establish and oversee working groups to propose
partnership projects to the Council and advise the Council on
such projects.
``(B) To manage the process for proposing partnership
projects to the Council, including managing peer review of such
projects.
``(C) <<NOTE: Reports.>> To submit to the Council an annual
report on the status of all partnership projects and activities
of the office.
``(D) Any additional duties for the administration of the
National Oceanographic Partnership Program that the Council
considers appropriate.
``(3) The Council shall supervise the performance of duties by the
partnership program office.
``(h) Contract and Grant Authority.--The Council may authorize one
or more of the departments or agencies represented on the Council to
enter into contracts and make grants, using funds appropriated pursuant
to an authorization of appropriations for the National Oceanographic
Partnership Program, for the purpose of implementing the program and
carrying out the responsibilities of the Council.
``(i) Establishment and Forms of Partnership Projects.--(1) A
partnership project under the National Oceanographic Partnership Program
may be established by any instrument that the Council considers
appropriate, including a memorandum of under
[[Page 110 STAT. 2473]]
standing, a cooperative research and development agreement, and any
similar instrument.
``(2) Projects under the program may include demonstration projects.
``Sec. 7903. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall establish an Ocean Research
Advisory Panel consisting of not less than 10 and not more than 18
members appointed by the Council from among persons eminent in the
fields of marine science or marine policy, or related fields, and who
are representative, at a minimum, of the interests of government,
academia, and industry.
``(b) Responsibilities.--The Council shall assign to the Advisory
Panel responsibilities that the Council considers appropriate.''.
(2) The table of chapters at the beginning of subtitle C of title
10, United States Code, and the table of chapters at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 663 the following:
``665. National Oceanographic Partnership Program................7901''.
(b) Initial <<NOTE: 10 USC 7902 note.>> Appointments of Council
Members.--The Secretary of the Navy shall make the appointments required
by section 7902(b) of title 10, United States Code, as added by
subsection (a)(1), not later than December 1, 1996.
(c) <<NOTE: 10 USC 7903 note.>> Initial Appointments of Advisory
Panel Members.--The National Ocean Research Leadership Council
established by section 7902 of title 10, United States Code, as added by
subsection (a)(1), shall make the appointments required by section 7903
of such title not later than January 1, 1997.
(d) <<NOTE: 10 USC 7902 note.>> First Annual Report of National
Ocean Research Leadership Council.--The first annual report required by
section 7902(f) of title 10, United States Code, as added by subsection
(a)(1), shall be submitted to Congress not later than March 1, 1997. The
first report shall include, in addition to the information required by
such section, information about the terms of office, procedures, and
responsibilities of the Ocean Research Advisory Panel established by the
Council.
(e) Authorization.--(1) Of the amount authorized to be appropriated
to the Department of the Navy by section 201(2), $13,000,000 shall be
available for the National Oceanographic Partnership Program established
pursuant to section 7901 of title 10, United States Code, as added by
subsection (a)(1).
(2) Of the amount authorized to be appropriated to the Department of
the Navy by section 301(2), $7,500,000 shall be available for such
program.
(f) Funding for Program Office.--Of the amount appropriated for the
National Oceanographic Partnership Program for fiscal year 1997, at
least $500,000, or 3 percent of the amount appropriated, whichever is
greater, shall be available for operations of the partnership program
office established pursuant to section 7902(g) of title 10, United
States Code, as added by subsection (a)(1), for such fiscal year.
[[Page 110 STAT. 2474]]
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and
services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor
reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for Defense
Environmental Restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating
operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. 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. 329. Authority for agreements with Indian tribes for services under
environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and
management of exchanges and morale, welfare, and
recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and
duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works,
and utility services from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
Government
facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to
produce an approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
[[Page 110 STAT. 2475]]
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National
Capital Region.
Sec. 370. Administration of midshipmen's store and other Naval Academy
support activities as nonappropriated fund
instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the
Defense Language Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of
members of the Armed Forces and Department of
Defense civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service
Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at
Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $18,264,406,000.
(2) For the Navy, $20,387,737,000.
(3) For the Marine Corps, $2,421,007,000.
(4) For the Air Force, $17,635,335,000.
(5) For Defense-wide activities, $9,912,962,000.
(6) For the Army Reserve, $1,136,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $113,367,000.
(9) For the Air Force Reserve, $1,499,553,000.
(10) For the Army National Guard, $2,277,477,000.
(11) For the Air National Guard, $2,711,173,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
(14) For Environmental Restoration, Army, $356,916,000.
(15) For Environmental Restoration, Navy, $302,900,000.
(16) For Environmental Restoration, Air Force, $414,700,000.
(17) For Environmental Restoration, Defense-wide,
$258,500,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $54,544,000.
(19) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $796,524,000.
(20) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(21) For Medical Programs, Defense, $9,833,288,000.
(22) For Cooperative Threat Reduction programs,
$364,900,000.
(23) For Domestic Emergency Assistance programs,
$97,000,000.
(24) For OPLAN 34A-35 P.O.W. payments, $20,000,000.
[[Page 110 STAT. 2476]]
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund, $947,900,000.
(2) For the National Defense Sealift Fund, $1,118,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1997
from the Armed Forces Retirement Home Trust Fund the sum of $57,300,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1997 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL CORPORATION.
(a) Funding.--Of the amount authorized to be appropriated pursuant
to section 301 for operation and maintenance, $14,526,000 shall be
available for the Civil Air Patrol Corporation.
(b) Amount for Certain Operations.--Of the amount made available to
the Civil Air Patrol Corporation pursuant to subsection (a), not less
than 25 percent of such amount shall be reserved to cover the costs of
search and rescue missions and disaster relief missions.
SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM
ACTIVITIES.
Of the amount authorized to be appropriated pursuant to section 301
for operation and maintenance, $14,000,000 shall be available to the
Secretary of Defense for activities designed to meet the antiterrorism
responsibilities of the Department of Defense, including activities
related to intelligence support, physical security measures, and
education and training regarding antiterrorism. The amount made
available by this section is in addition to amounts otherwise made
available by this Act for antiterrorism activities.
[[Page 110 STAT. 2477]]
SEC. 307. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated pursuant to section 301,
$5,000,000 shall be available for the immediate procurement of nonlethal
weapons capabilities to meet existing deficiencies in inventories of
such capabilities, of which--
(1) $2,000,000 shall be available for the Army; and
(2) $3,000,000 shall be available for the Marine Corps.
SEC. 308. SR-71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section 301(4),
$30,000,000 is authorized to be made available for the SR-71 contingency
reconnaissance force.
Subtitle B--Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by striking
out ``September 30, 1996'' and inserting in lieu thereof ``September 30,
1997''.
SEC. 312. <<NOTE: Reports.>> TEST PROGRAMS FOR MODERNIZATION-THROUGH-
SPARES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report on the steps that the Secretary has
taken to ensure that each program included in the modernization-through-
spares program of the Army is conducted in accordance with--
(1) the competition requirements in section 2304 of title
10, United States Code;
(2) the core logistics requirements in section 2464 of such
title;
(3) the public-private competition requirements in section
2469 of such title; and
(4) requirements relating to contract bundling and spare
parts breakout in subsections (a) and (l) of section 15 of the
Small Business Act (15 U.S.C. 644) and regulations implementing
such subsections in the Defense Federal Acquisition Regulation
Supplement.
Subtitle C--Environmental Provisions
SEC. 321. DEFENSE CONTRACTORS COVERED BY REQUIREMENT FOR REPORTS
ON CONTRACTOR REIMBURSEMENT COSTS
FOR RESPONSE ACTIONS.
Section 2706(d)(1)(A) of title 10, United States Code, is amended by
striking out ``100'' and inserting in lieu thereof ``20''.
SEC. 322. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORATION
ACCOUNTS FOR EACH MILITARY DEPARTMENT.
(a) Establishment.--(1) Section 2703 of title 10, United States
Code, is amended to read as follows:
[[Page 110 STAT. 2478]]
``Sec. 2703. Environmental restoration accounts
``(a) Establishment of Accounts.--There are hereby established in
the Department of Defense the following accounts:
``(1) An account to be known as the `Environmental
Restoration Account, Defense'.
``(2) An account to be known as the `Environmental
Restoration Account, Army'.
``(3) An account to be known as the `Environmental
Restoration Account, Navy'.
``(4) An account to be known as the `Environmental
Restoration Account, Air Force'.
``(b) Obligation of Authorized Amounts.--Funds authorized for
deposit in an account under subsection (a) may be obligated or expended
from the account only in order to carry out the environmental
restoration functions of the Secretary of Defense and the Secretaries of
the military departments under this chapter and under any other
provision of law. Funds so authorized shall remain available until
expended.
``(c) Budget <<NOTE: President.>> Reports.--In proposing the budget
for any fiscal year pursuant to section 1105 of title 31, United States
Code, the President shall set forth separately the amounts requested for
environmental restoration programs of the Department of Defense and of
each of the military departments under this chapter and under any other
Act.
``(d) Credit of Amounts Recovered.--The following amounts shall be
credited to the appropriate environmental restoration account:
``(1) Amounts recovered under CERCLA for response actions.
``(2) Any other amounts recovered from a contractor,
insurer, surety, or other person to reimburse the Department of
Defense or a military department for any expenditure for
environmental response activities.
``(e) Payments of Fines and Penalties.--None of the funds
appropriated to the Environmental Restoration Account, Defense, for
fiscal years 1995 through 1999, or to any environmental restoration
account of a military department for fiscal years 1997 through 1999, may
be used for the payment of a fine or penalty (including any supplemental
environmental project carried out as part of such penalty) imposed
against the Department of Defense or a military department unless the
act or omission for which the fine or penalty is imposed arises out of
an activity funded by the environmental restoration account concerned
and the payment of the fine or penalty has been specifically authorized
by law.''.
(2) The table of sections at the beginning of chapter 160 of title
10, United States Code, is amended by striking out the item relating to
section 2703 and inserting in lieu thereof the following new item:
``2703. Environmental restoration accounts.''.
(b) References.--Any <<NOTE: 10 USC 2703 note.>> reference to the
Defense Environmental Restoration Account in any Federal law, Executive
Order, regulation, delegation of authority, or document shall be deemed
to refer to the appropriate environmental restoration account
established under section 2703(a)(1) of title 10, United States Code (as
amended by subsection (a)(1)).
[[Page 110 STAT. 2479]]
(c) Conforming Amendment.--Section 2705(g)(1) of title 10, United
States Code, is amended by striking out ``the Defense Environmental
Restoration Account established'' and inserting in lieu thereof ``the
environmental restoration account concerned''.
(d) Treatment <<NOTE: 10 USC 2703 note.>> of Unobligated Balances.--
Any unobligated balances that remain in the Defense Environmental
Restoration Account under section 2703(a) of title 10, United States
Code, as of the effective date specified in subsection (e) shall be
transferred on such date to the Environmental Restoration Account,
Defense, established under section 2703(a)(1) of title 10, United States
Code (as amended by subsection (a)(1)).
(e) Effective <<NOTE: 10 USC 2703 note.>> Date.--The amendments made
by this section shall take effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
SEC. 323. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER CERCLA.
(a) Authority.--The Secretary of Defense may pay the
following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal Revenue
Code of 1986, in amounts, and using funds, as follows:
(A) Using funds authorized to be appropriated to the
Environmental Restoration Account, Army, established
under section 2703(a)(2) of title 10, United States Code
(as amended by section 322 of this Act)--
(i) not more than $34,000 assessed against
Fort Riley, Kansas, under CERCLA; and
(ii) not more than $37,500 assessed against
Lake City Army Ammunition Plant, Missouri, under
CERCLA.
(B) Using funds authorized to be appropriated to the
Environmental Restoration Account, Navy, established
under section 2703(a)(3) of that title, as so amended,
not more than $30,000 assessed against the Naval
Education and Training Center, Newport, Rhode Island,
under CERCLA.
(C) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force,
established under section 2703(a)(4) of that title, as
so amended--
(i) not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts,
under CERCLA; and
(ii) not more than $10,000 assessed against
F.E. Warren Air Force Base, Wyoming, under CERCLA.
(2) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established under
section 2703(a)(4) of that title, as so amended, not more than
$500,000 to carry out one environmental restoration project, as
part of a negotiated agreement in lieu of stipulated penalties
assessed under CERCLA against the Massachusetts Military
Reservation, Massachusetts.
(b) CERCLA Defined.--In this section, the term ``CERCLA'' means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
[[Page 110 STAT. 2480]]
SEC. 324. SHIPBOARD SOLID WASTE CONTROL.
(a) In General.--Section 3(c) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902(c)) is amended--
(1) in paragraph (1), by striking out ``Not later than'' and
inserting in lieu thereof ``Except as provided in paragraphs (2)
and (3), not later than''; and
(2) by striking out paragraphs (2), (3), and (4) and
inserting in lieu thereof the following:
``(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special area
requirements of Regulation 5 of Annex V to the Convention, the following
non-plastic, non-floating garbage:
``(i) A slurry of seawater, paper, cardboard, or food waste
that is capable of passing through a screen with openings no
larger than 12 millimeters in diameter.
``(ii) Metal and glass that have been shredded and bagged so
as to ensure negative buoyancy.
``(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
``(ii) Garbage described in subparagraph (A)(ii) may not be
discharged within 12 nautical miles of land.
``(C) <<NOTE: Applicability.>> This paragraph applies to any ship
that is owned or operated by the Department of the Navy that, as
determined by the Secretary of the Navy--
``(i) has unique military design, construction, manning, or
operating requirements; and
``(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex V to the Convention
because compliance is not technologically feasible or would
impair the operations or operational capability of the ship.
``(3)(A) <<NOTE: Regulations. Federal Register, publication.>> Not
later than December 31, 2000, the Secretary of the Navy shall prescribe
and publish in the Federal Register standards to ensure that each ship
described in subparagraph (B) is, to the maximum extent practicable
without impairing the operations or operational capabilities of the
ship, operated in a manner that is consistent with the special area
requirements of Regulation 5 of Annex V to the Convention.
``(B) <<NOTE: Applicability. Effective date. Termination date.>>
Subparagraph (A) applies to surface ships that are owned or operated by
the Department of the Navy that the Secretary plans to decommission
during the period beginning on January 1, 2001, and ending on December
31, 2005.
``(C) <<NOTE: Federal Register, publication.>> At the same time
that the Secretary publishes standards under subparagraph (A), the
Secretary shall publish in the Federal Register a list of the ships
covered by subparagraph (B).''.
(b) Sense of Congress.--(1) It is the sense of Congress that it
should be an objective of the Navy to achieve full compliance with Annex
V to the Convention as part of the Navy's development of ships that are
environmentally sound.
(2) In this subsection, the terms ``Convention'' and ``ship'' have
the meanings given such terms in section 2(a) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)).
(c) <<NOTE: 10 USC 2706 note.>> Report on Compliance With Annex V
to the Convention.--The Secretary of Defense shall include in each
report on environmental compliance activities submitted to Congress
under section 2706(b) of title 10, United States Code, the following
information:
[[Page 110 STAT. 2481]]
(1) A list of the ship types, if any, for which the
Secretary of the Navy has made the determination referred to in
paragraph (2)(C) of section 3(c) of the Act to Prevent Pollution
from Ships, as amended by subsection (a)(2) of this section.
(2) A list of ship types which the Secretary of the Navy has
determined can comply with Regulation 5 of Annex V to the
Convention.
(3) A summary of the progress made by the Navy in
implementing the requirements of paragraphs (2) and (3) of such
section 3(c), as so amended.
(4) A description of any emerging technologies offering the
potential to achieve full compliance with Regulation 5 of Annex
V to the Convention.
(5) The amount and nature of the discharges in special
areas, not otherwise authorized under the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), during the
preceding year from ships referred to in section 3(b)(1)(A) of
such Act owned or operated by the Department of the Navy.
(d) Publication Regarding Special Area Discharges.--Subparagraph (A)
of section 3(e)(4) of the Act to Prevent Pollution from Ships (33 U.S.C.
1902(e)(4)) is amended to read as follows:
``(A) Each year, the amount and nature of the
discharges in special areas, not otherwise authorized
under this Act, during the preceding year from ships
referred to in subsection (b)(1)(A) of this section
owned or operated by the Department of the Navy.''.
SEC. 325. AUTHORITY <<NOTE: 10 USC 2701 note.>> TO DEVELOP AND
IMPLEMENT LAND USE PLANS FOR DEFENSE
ENVIRONMENTAL RESTORATION PROGRAM.
(a) Authority.--The Secretary of Defense may, to the extent possible
and practical, develop and implement, as part of the Defense
Environmental Restoration Program provided for in chapter 160 of title
10, United States Code, a land use
plan for any defense site selected by the Secretary under subsection
(b).
(b) Selection of Sites.--The Secretary may select up to 10 defense
sites, from among sites where the Secretary is planning or implementing
environmental restoration activities, for which land use plans may be
developed under this section.
(c) Requirement To Consult With Review Committee or Advisory
Board.--In developing a land use plan under this section, the Secretary
shall consult with a technical review committee established pursuant to
section 2705(c) of title 10, United States Code, a restoration advisory
board established pursuant to section 2705(d) of such title, a local
land use redevelopment authority, or another appropriate State agency.
(d) 50-Year Planning Period.--A land use plan developed under this
section shall cover a period of at least 50 years.
(e) Implementation.--For each defense site for which the Secretary
develops a land use plan under this section, the Secretary shall take
into account the land use plan in selecting and implementing, in
accordance with applicable law, environmental restoration activities at
the site.
(f) Deadlines.--For each defense site for which the Secretary
intends to develop a land use plan under this section, the Secretary
shall develop a draft land use plan by October 1, 1997, and a final land
use plan by March 15, 1998.
[[Page 110 STAT. 2482]]
(g) Definition of Defense Site.--For purposes of this section, the
term ``defense site'' means (A) any building, structure, installation,
equipment, pipe or pipeline (including any pipe into a sewer or publicly
owned treatment works), well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or aircraft
under the jurisdiction of the Department of Defense, or (B) any site or
area under the jurisdiction of the Department of Defense where a
hazardous substance has been deposited, stored, disposed of, or placed,
or otherwise come to be located; but does not include any consumer
product in consumer use or any vessel.
(h) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary shall include information on
the land use plans developed under this section and the effect such
plans have had on environmental restoration activities at the defense
sites where they have been implemented. The annual report submitted in
1999 shall include recommendations on whether such land use plans should
be developed and implemented throughout the Department of Defense.
(i) Savings Provisions.--(1) Nothing in this section, or in a land
use plan developed under this section with respect to a defense site,
shall be construed as requiring any modification to a land use plan that
was developed before the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect statutory
requirements for an environmental restoration or waste management
activity or project or to modify or otherwise affect applicable
statutory or regulatory environmental restoration and waste management
requirements, including substantive standards intended to protect public
health and the environment, nor shall anything in this section be
construed to preempt or impair any local land use planning or zoning
authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECHNOLOGY FOR
LIMITING AIR EMISSIONS DURING SHIPYARD
BLASTING AND COATING OPERATIONS.
(a) Determination by Secretary of the Navy.--(1) The Secretary of
the Navy shall make a determination whether the alternative technology
described in paragraph (2) has the clear potential for significant
benefit to the Navy. <<NOTE: Notification.>> The Secretary shall submit
to Congress a notification in writing of the determination not later
than 60 days after the date of the enactment of this Act.
(2) The technology referred to in paragraph (1) is an alternative
technology designed to capture and destroy or remove particulate
emissions and volatile air pollutants that occur during abrasive
blasting and coating operations at naval shipyards.
(b) Pilot Program.--If the determination made under subsection
(a)(1) is in the affirmative, the Secretary shall establish a pilot
program to test the alternative technology. In conducting the test, the
Secretary shall seek to demonstrate whether the technology is valid,
cost effective, and in compliance with environmental laws and
regulations.
(c) Report.--Upon completion of the test conducted under the pilot
program, the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the House of
Representatives a report setting forth in detail the results of the
test. The report shall include
[[Page 110 STAT. 2483]]
recommendations on whether the alternative technology merits
implementation at naval shipyards and such other recommendations as the
Secretary considers appropriate.
SEC. 327. <<NOTE: 10 USC 2702 note.>> AGREEMENTS FOR SERVICES OF
OTHER AGENCIES IN SUPPORT OF ENVIRONMENTAL
TECHNOLOGY CERTIFICATION.
(a) Authority.--Subject to subsection (b), the Secretary of Defense
may enter into a cooperative agreement with an agency of a State or
local government to obtain assistance in certifying environmental
technologies.
(b) Limitations.--The Secretary of Defense may enter into a
cooperative agreement with respect to an environmental technology under
subsection (a) only if the Secretary determines--
(1) that the technology has clear potential to be of
significant value to the Department of Defense in carrying out
its environmental restoration activities; and
(2) that there is no reasonably available market in the
private sector for the technology without a certification by the
Department of Defense, the Environmental Protection Agency, or a
State environmental agency.
(c) Types of Assistance.-- The types of assistance that may be
obtained under subsection (a) include the following:
(1) Data collection and analysis.
(2) Technical assistance in conducting a demonstration of an
environmental technology, including the implementation of
quality assurance and quality control programs.
(d) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary of Defense shall include the
following information with respect to cooperative agreements entered
into under this section:
(1) The number of such agreements.
(2) The number of States in which such agreements have been
entered into.
(3) A description of the nature of the technology involved
in each such agreement.
(4) The amount of funds obligated or expended by the
Department of Defense for each such agreement during the year
covered by the report.
(e) Termination of Authority.--The authority provided under
subsection (a) shall terminate five years after the date of the
enactment of this Act.
SEC. 328. REPEAL OF REDUNDANT NOTIFICATION AND
CONSULTATION REQUIREMENTS REGARDING
REMEDIAL INVESTIGATIONS AND FEASIBILITY
STUDIES AT CERTAIN INSTALLATIONS TO BE
CLOSED UNDER THE BASE CLOSURE LAWS.
Section 334 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1340; 10 U.S.C. 2687
note) is repealed.
SEC. 329. AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR SERVICES
UNDER ENVIRONMENTAL RESTORATION PROGRAM.
Section 2701(d) of title 10, United States Code, is amended--
(1) in the first sentence of paragraph (1), by striking out
``, or with any State or local government agency,'' and
inserting
[[Page 110 STAT. 2484]]
in lieu thereof ``, with any State or local government agency,
or with any Indian tribe,''; and
(2) by adding at the end the following:
``(3) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 101(36) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).''.
SEC. 330. AUTHORITY TO WITHHOLD LISTING OF FEDERAL FACILITIES ON
NATIONAL PRIORITIES LIST.
Section 120(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking out ``Not later than 18 months after the
enactment of the Superfund Amendments and Reauthorization Act of
1986, the Administrator'' and inserting in lieu thereof the
following:
``(1) In general.--The Administrator'';
(3) by moving the remainder of the text of paragraph (1), as
designated by paragraph (2) of this section (including
subparagraphs (A) and (B), as redesignated by paragraph (1) of
this section) 2 ems to the right; and
(4) by striking out ``Such criteria'' and all that follows
through the end of the subsection and inserting in lieu thereof
the following:
``(2) Application of criteria.--
``(A) In general.--Subject to subparagraph (B), the
criteria referred to in paragraph (1) shall be applied
in the same manner as the criteria are applied to
facilities that are owned or operated by persons other
than the United States.
``(B) Response under other law.--It shall be an
appropriate factor to be taken into consideration for
the purposes of section 105(a)(8)(A) that the head of
the department, agency, or instrumentality that owns or
operates a facility has arranged with the Administrator
or appropriate State authorities to respond
appropriately, under authority of a law other than this
Act, to a release or threatened release of a hazardous
substance.
``(3) Completion.--Evaluation and listing under this
subsection shall be completed in accordance with a reasonable
schedule established by the Administrator.''.
SEC. 331. CLARIFICATION OF MEANING OF UNCONTAMINATED PROPERTY FOR
PURPOSES OF TRANSFER BY THE UNITED STATES.
Section 120(h)(4)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)) is
amended in the first sentence by striking out ``stored for one year or
more, known to have been released,'' and inserting in lieu thereof
``known to have been released''.
SEC. 332. CONSERVATION AND CULTURAL ACTIVITIES.
(a) In General.--(1) Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 110 STAT. 2485]]
``Sec. 2694. Conservation and cultural activities
``(a) Establishment.--The Secretary of Defense may establish and
carry out a program to conduct and manage in a coordinated manner the
conservation and cultural activities described in subsection (b).
``(b) Activities.--(1) A conservation or cultural activity eligible
for the program that the Secretary establishes under subsection (a) is
any activity--
``(A) that has regional or Department of Defense-wide
significance and that involves more than one military
department;
``(B) that is necessary to meet legal requirements or to
support military operations;
``(C) that can be more effectively managed at the Department
of Defense level; and
``(D) for which no executive ageny has been designated
responsible by the Secretary.
``(2) Such activities include the following:
``(A) The development of ecosystem-wide land management
plans.
``(B) The conduct of wildlife studies to ensure the safety
of military operations.
``(C) The identification and return of Native American human
remains and cultural items in the possession or control of the
Department of Defense, or discovered on land under the
jurisdiction of the Department, to the appropriate Native
American tribes.
``(D) The control of invasive species that may hinder
military activities or degrade military training ranges.
``(E) The establishment of a regional curation system for
artifacts found on military installations.
``(c) Cooperative Agreements.--The Secretary may negotiate and enter
into cooperative agreements with public and private agencies,
organizations, institutions, individuals, or other entities to carry out
the program established under subsection (a).
``(d) Effect on Other Laws.--Nothing in this section shall be
construed or interpreted as preempting any otherwise applicable Federal,
State, or local law or regulation relating to the management of natural
and cultural resources on military installations.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2694. Conservation and cultural activities.''.
(b) <<NOTE: 10 USC 2694 note.>> Effective Date.--Section 2694 of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 1996.
SEC. 333. <<NOTE: Water. 33 USC 2406 note.>> NAVY PROGRAM TO
MONITOR ECOLOGICAL EFFECTS OF ORGANOTIN.
(a) Monitoring Requirement.--The Secretary of the Navy shall, in
consultation with the Administrator of the Environmental Protection
Agency, develop and implement a program to monitor the concentrations of
organotin in the water column, sediments, and aquatic organisms of
representative estuaries and near-coastal waters in the United States,
as described in section 7(a) of the Organotin Antifouling Paint Control
Act of 1988 (33 U.S.C. 2406(a)). The program shall be designed to
produce high-quality data to
[[Page 110 STAT. 2486]]
enable the Environmental Protection Agency to develop water quality
criteria concerning organotin compounds.
(b) Funding.--The Administrator of the Environmental Protection
Agency shall provide, in advance, such sums as are necessary to the
Secretary of the Navy for the costs of developing and implementing the
program under subsection (a).
(c) Written Agreement.--The Secretary of the Navy and the
Administrator of the Environmental Protection Agency shall enter into a
written agreement setting forth the actions that the Secretary plans to
take under subsection (a) and the funding that the Administrator agrees
to provide under subsection (b). <<NOTE: Notification.>> If the
Secretary determines that the Administrator will not enter into such an
agreement, the Secretary shall notify the Committee on National Security
of the House of Representatives and the Committee on Armed Services of
the Senate not later than 30 days after such determination.
(d) Nonimpairment of Mission.--Compliance with subsection (a) shall
be conducted in such a manner so as not to impair the ability of the
Department of the Navy to meet its operational requirements.
(e) Report.--Not later than June 1, 1997, the Secretary of the Navy
shall submit to Congress a report containing the following:
(1) A description of the monitoring program developed
pursuant to subsection (a).
(2) An analysis of the results of the monitoring program as
of the date of the submission of the report.
(3) Information about the progress of Navy programs,
referred to in section 7(c) of the Organotin Antifouling Paint
Control Act of 1988 (33 U.S.C. 2406(c)), for evaluating the
laboratory toxicity and environmental risks associated with the
use of antifouling paints containing organotin.
(4) An assessment, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
effectiveness of existing laws and rules concerning organotin
compounds in ensuring protection of human health and the
environment.
(f) Sense of Congress.--(1) It is the sense of Congress that the
Administrator of the Environmental Protection Agency, in consultation
with the Secretary of the Navy, should develop, for purposes of the
national pollutant discharge elimination system, a model permit for the
discharge of organotin compounds at shipbuilding and ship repair
facilities.
(2) For purposes of this subsection, the term ``organotin'' has the
meaning provided in section 3 of the Organotin Antifouling Paint Control
Act of 1988 (33 U.S.C. 2402).
(g) Termination.--The program required by subsection (a) shall
terminate five years after the date of the enactment of this Act.
SEC. 334. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROPERTY
BEFORE COMPLETION OF REQUIRED RESPONSE
ACTIONS.
(a) In General.--Section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)) is amended--
(1) by redesignating subparagraph (A) as clause (i) and
clauses (i), (ii), and (iii) of that subparagraph as subclauses
(I), (II), and (III), respectively;
[[Page 110 STAT. 2487]]
(2) by striking out ``After the last day'' and inserting in
lieu thereof the following:
``(A) In general.--After the last day'';
(3) by redesignating subparagraph (B) as clause (ii) and
clauses (i) and (ii) of that subparagraph as subclauses (I) and
(II), respectively;
(4) by redesignating subparagraph (C) as clause (iii);
(5) by moving the remainder of the text of subparagraph (A),
as designated by paragraph (2) of this subsection (including the
clauses and subclauses redesignated
by paragraphs (1), (3), and (4) of this subsection) 2 ems to the right;
(6) by striking ``For purposes of subparagraph (B)(i)'' and
inserting the following:
``(B) Covenant requirements.--For purposes of
subparagraphs (A)(ii)(I) and (C)(iii)'';
(7) in subparagraph (B), as designated by paragraph (5), by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)(ii)''; and
(8) by adding at the end the following:
``(C) Deferral.--
``(i) In general.--The Administrator, with the
concurrence of the Governor of the State in which
the facility is located (in the case of real
property at a Federal facility that is listed on
the National Priorities List), or the Governor of
the State in which the facility is located (in the
case of real property at a Federal facility not
listed on the National Priorities List) may defer
the requirement of subparagraph (A)(ii)(I) with
respect to the property if the Administrator or
the Governor, as the case may be, determines that
the property is suitable for transfer, based on a
finding that--
``(I) the property is suitable for
transfer for the use intended by the
transferee, and the intended use is
consistent with protection of human
health and the environment;
``(II) the deed or other agreement
proposed to govern the transfer between
the United States and the transferee of
the property contains the assurances set
forth in clause (ii);
``(III) the Federal agency
requesting deferral has provided notice,
by publication in a newspaper of general
circulation in the vicinity of the
property, of the proposed transfer and
of the opportunity for the public to
submit, within a period of not less than
30 days after the date of the notice,
written comments on the suitability of
the property for transfer; and
``(IV) the deferral and the transfer
of the property will not substantially
delay any necessary response action at
the property.
``(ii) Response action assurances.--With
regard to a release or threatened release of a
hazardous substance for which a Federal agency is
potentially responsible under this section, the
deed or other agreement proposed to govern the
transfer shall contain assurances that--
[[Page 110 STAT. 2488]]
``(I) provide for any necessary
restrictions on the use of the property
to ensure the protection of human health
and the environment;
``(II) provide that there will be
restrictions on use necessary to ensure
that required remedial investigations,
response action, and oversight
activities will not be disrupted;
``(III) provide that all necessary
response action will be taken and
identify the schedules for investigation
and completion of all necessary response
action as approved by the appropriate
regulatory agency; and
``(IV) provide that the Federal
agency responsible for the property
subject to transfer will submit a budget
request to the Director of the Office of
Management and Budget that adequately
addresses schedules for investigation
and completion of all necessary response
action, subject to congressional
authorizations and appropriations.
``(iii) Warranty.--When all response action
necessary to protect human health and the
environment with respect to any substance
remaining on the property on the date of transfer
has been taken, the United States shall execute
and deliver to the transferee an appropriate
document containing a warranty that all such
response action has been taken, and the making of
the warranty shall be considered to satisfy the
requirement of subparagraph (A)(ii)(I).
``(iv) Federal responsibility.--A deferral
under this subparagraph shall not increase,
diminish, or affect in any manner any rights or
obligations of a Federal agency (including any
rights or obligations under sections 106, 107, and
120 existing prior to transfer) with respect to a
property transferred under this subparagraph.''.
(b) Continued Application of State Law.--The first sentence of
section 120(a)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is
amended by inserting ``or facilities that are the subject of a deferral
under subsection (h)(3)(C)'' after ``United States''.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES TO PROVIDE OR OBTAIN GOODS
AND SERVICES TO PROMOTE EFFICIENT
OPERATION AND MANAGEMENT OF EXCHANGES AND
MORALE, WELFARE, AND RECREATION
ACTIVITIES.
(a) Contracts To Promote Efficient Operation and Management.--(1)
Chapter 147 of title 10, United States Code, is amended by inserting
after section 2482 the following new section:
[[Page 110 STAT. 2489]]
``Sec. 2482a. Nonappropriated fund instrumentalities: contracts
with other agencies and instrumentalities to
provide and obtain goods and services
``An agency or instrumentality of the Department of Defense that
supports the operation of the exchange system, or the operation of a
morale, welfare, and recreation system, of the Department of Defense may
enter into a contract or other
agreement with another element of the Department of Defense or with
another Federal department, agency, or instrumentality to provide or
obtain goods and services beneficial to the efficient management and
operation of the exchange system or that morale, welfare, and recreation
system.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2482 the
following new item:
``2482a. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain goods
and services.''.
(b) Conforming Amendment Regarding Commissary System.--Section
2482(b)(1) of such title is amended by striking out ``another
department'' and all that follows through ``provide services'' and
inserting in lieu thereof ``another element of the Department of Defense
or with another Federal department, agency, or instrumentality to
provide or obtain services''.
SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL
ITEMS FOR RESALE IN COMMISSARY STORES.
(a) Clarification of Exception to Competitive Procurement.--Section
2486 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(e) The Secretary of Defense may not use the exception provided in
section 2304(c)(5) of this title regarding the procurement of a brand-
name commercial item for resale in commissary stores unless the
commercial item is regularly sold outside of commissary stores under the
same brand name as the name by which the commercial item will be sold in
commissary stores.''.
(b) <<NOTE: 10 USC 2486 note.>> Effect on Existing Contracts or
Other Agreements.--Section 2486(e) of title 10, United States Code, as
added by subsection (a), shall not affect the terms, conditions, or
duration of any contract or other agreement entered into by the
Secretary of Defense before the date of the enactment of this Act for
the procurement of commercial items for resale in commissary stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.
(a) In General.--(1) Chapter 147 of title 10, United States Code, is
amended by inserting after section 2489 the following new section:
``Sec. 2489a. Sale or rental of sexually explicit material pro-
hibited
``(a) Prohibition of Sale or Rental.--The Secretary of Defense may
not permit the sale or rental of sexually explicit material on property
under the jurisdiction of the Department of Defense.
[[Page 110 STAT. 2490]]
``(b) Prohibition of Officially Provided Sexually Explicit
Material.--A member of the armed forces or a civilian officer or
employee of the Department of Defense acting in an official capacity may
not provide for sale, remuneration, or rental sexually explicit material
to another person.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section.
``(d) Definitions.--In this section:
``(1) The term `sexually explicit material' means an audio
recording, a film or video recording, or a periodical with
visual depictions, produced in any medium, the dominant theme of
which depicts or describes nudity, including sexual or excretory
activities or organs, in a lascivious way.
``(2) The term `property under the jurisdiction of the
Department of Defense' includes commissaries, all facilities
operated by the Army and Air Force Exchange Service, the Navy
Exchange Service Command, the Navy Resale and Services Support
Office, Marine Corps exchanges, and ships' stores.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2489 the
following new item:
``2489a. Sale or rental of sexually explicit material prohibited.''.
(b) <<NOTE: 10 USC 2489a note.>> Effective Date.--Subsection (a) of
section 2489a of title 10, United States Code, as added by subsection
(a) of this section, shall take effect 90 days after the date of the
enactment of this Act.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE PROCUREMENT OF
PRINTING AND DUPLICATION SERVICES.
(a) Extension.--Section 351(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 266) is amended
by striking out ``fiscal year 1996'' and inserting in lieu thereof
``fiscal years 1996 and 1997''.
(b) Reporting Requirements.--Such section is further
amended by adding at the end the following new subsection:
``(c) Reporting Requirements.--(1) Not later than 90 days after the
end of each fiscal year in which the requirement of subsection (a)
applies, the Secretary of Defense shall submit to Congress a report--
``(A) describing the extent of the compliance of the
Secretary with the requirement during that fiscal year;
``(B) specifying the total volume of printing and
duplication services procured by the Department of Defense
during that fiscal year--
``(i) from sources within the Department of Defense;
``(ii) from private-sector sources; and
``(iii) from other sources in the Federal Govern-
ment; and
``(C) specifying the total volume of printed and duplicated
material during that fiscal year covered by the exception in
subsection (b).
[[Page 110 STAT. 2491]]
``(2) The report required for fiscal year 1996 shall also include
the plans of the Secretary for further implementation of the requirement
of subsection (a) during fiscal year 1997.''.
SEC. 352. REPORTING REQUIREMENTS UNDER DEMONSTRATION PROJECT FOR
PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC
WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2820) is amended by striking
out ``, 1996'' and inserting in lieu thereof ``of each of the years 1997
and 1998''.
Subtitle F--Other Matters
SEC. 361. AUTHORITY FOR USE OF APPROPRIATED FUNDS FOR RECRUITING
FUNCTIONS.
(a) Authority.--Chapter 31 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 520c. Recruiting functions: use of funds
``(a) <<NOTE: Regulations.>> Provision of Meals and Refreshments.--
Under regulations prescribed by the Secretary concerned, funds
appropriated to the Department of Defense for recruitment of military
personnel may be expended for small meals and refreshments during
recruiting functions for the following persons:
``(1) Persons who have enlisted under the Delayed Entry
Program authorized by section 513 of this title.
``(2) Persons who are objects of armed forces recruiting
efforts.
``(3) Persons whose assistance in recruiting efforts of the
military departments is determined to be influential by the
Secretary concerned.
``(4) Members of the armed forces and Federal employees when
attending recruiting events in accordance with a requirement to
do so.
``(5) Other persons whose presence at recruiting efforts
will contribute to recruiting efforts.
``(b) Annual Report.--Not later than February 1 of each of the years
1998 through 2002, the Secretary of Defense shall submit to Congress a
report on the extent to which the authority under subsection (a) was
exercised during the fiscal year ending in the preceding year.
``(c) Termination of Authority.--The authority in subsection (a) may
not be exercised after September 30, 2001.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``520c. Recruiting functions: use of funds.''.
SEC. 362. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT NON-
GOVERNMENT FACILITIES.
(a) Authority to Enter Into Agreements for Training at Non-
Government Facilities.--(1) Chapter 101 of title 10, United States Code,
is amended by adding at the end the following new section:
[[Page 110 STAT. 2492]]
``Sec. 2013. Training at non-Government facilities
``(a) Authority To Enter Into Agreements.--(1) The Secretary
concerned, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5), may make agreements or other arrangements for the training of
members of the uniformed services under the jurisdiction of that
Secretary by, in, or through non-Government facilities.
``(2) In this section, the term `non-Government facility' means any
of the following:
``(A) The government of a State or of a territory or
possession of the United States, including the Commonwealth of
Puerto Rico, an interstate governmental organization, and a
unit, subdivision, or instrumentality of any of the foregoing.
``(B) A foreign government or international organization, or
instrumentality of either, which is designated by the President
as eligible to provide training under this section.
``(C) A medical, scientific, technical, educational,
research, or professional institution, foundation, or
organization.
``(D) A business, commercial, or industrial firm,
corporation, partnership, proprietorship, or other organization.
``(E) Individuals other than civilian or military personnel
of the Government.
``(F) The services and property of any of the foregoing
providing the training.
``(b) Expenses.--The Secretary concerned, from appropriations or
other funds available to the Secretary, may--
``(1) pay all or a part of the pay of a member of a
uniformed service who is selected and assigned for training
under this section, for the period of training; and
``(2) pay, or reimburse the member of a uniformed service
for, all or a part of the necessary expenses of the training
(without regard to subsections (a) and (b) of section 3324 of
title 31), including among those expenses the necessary costs of
the following:
``(A) Travel and per diem instead of subsistence
under sections 404 and 405 of title 37 and the Joint
Travel Regulations for the Uniformed Services.
``(B) Transportation of immediate family, household
goods and personal effects, packing, crating,
temporarily storing, draying, and unpacking under
sections 406 and 409 of title 37 and the Joint Travel
Regulations for the Uniformed Services when the
estimated costs of transportation and related services
are less than the estimated aggregate per diem payments
for the period of training.
``(C) Tuition and matriculation fees.
``(D) Library and laboratory services.
``(E) Purchase or rental of books, materials, and
supplies.
``(F) Other services or facilities directly related
to the training of the member.
``(c) Certain Expenses Excluded.--The expenses of training do not
include membership fees except to the extent that the fee is a necessary
cost directly related to the training itself or that payment of the fee
is a condition precedent to undergoing the training.''.
[[Page 110 STAT. 2493]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2013. Training at non-Government facilities.''.
(b) <<NOTE: 10 USC 2013 note.>> Effective Date.--Section 2013 of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 1996.
SEC. 363. <<NOTE: 10 USC 2216a note.>> REQUIREMENT FOR
PREPARATION OF PLAN FOR IMPROVED OPERATION
OF WORKING-CAPITAL FUNDS AND EFFECT OF
FAILURE TO PRODUCE AN APPROVED PLAN.
(a) Plan for Improved Operation of Working-Capital Funds.--Not later
than September 30, 1997, the Secretary of Defense shall submit to
Congress a plan to improve the management and performance of the
industrial, commercial, and support type activities of the military
departments or the Defense Agencies that are currently managed through
the Defense Business Operations Fund.
(b) Elements of Plan.--The plan required by subsection (a) shall
address the following issues:
(1) The ability of each military department or Defense
Agency to set working capital requirements and set charges at
its own industrial and supply activities.
(2) The desirability of separate business accounts for the
management of both industrial and supply activities for each
military department or Defense Agency.
(3) Liability for operation losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense by each
military department or Defense Agency of its fair share of the
costs of legitimate common business support services (such as
accounting and financial services and central logistics
services) provided by the Department of Defense.
(5) The role of the Department of Defense in setting charges
or imposing surcharges for activities managed by the business
accounts of a military department or Defense Agency (except for
the common business support cost described in paragraph (4)),
and what such charges should properly reflect.
(6) The appropriate use of operating profits arising from
the operations of the industrial and supply activities of a
military department or Defense Agency.
(7) The ability of a military department or Defense Agency
to purchase industrial and supply services from, and provide
such services to, other military departments or Defense
Agencies.
(8) Standardization of financial management and accounting
practices employed by the business accounts of a military
department or Defense Agency.
(9) Reporting requirements related to actual and projected
performance of business management account activities of a
military department or Defense Agency.
(c) <<NOTE: 10 USC 2216a.>> Effect of Failure to Submit or Approve
of Plan.--(1) Unless, before October 1, 1999, the Secretary of Defense
submits the plan required by subsection (a) and Congress enacts a
provision of law described in paragraph (2) that approves of the plan as
submitted or in an amended form, then section 2216a of title 10, United
States Code, regarding the Defense Business Operations
[[Page 110 STAT. 2494]]
Fund (as redesignated by section 1074(a)(10) of this Act), shall be
repealed effective as of that date.
(2) The provision of law referred to in paragraph (1) is a provision
of law that--
(A) is enacted after the submission of the plan required by
subsection (a);
(B) specifically refers to the plan and this section; and
(C) specifically states that the plan required by subsection
(a) is approved as submitted or with such amendments as may be
contained in such law.
(d) Basis for Charges for Goods And Services; Comptroller General
Review.--(1) In the development of the proposed budget for the Defense
Business Operations Fund for a fiscal year, the Secretary of Defense
shall ensure that accurate and realistic pricing and quantity estimates
are used regarding the goods and services to be provided by working-
capital funds and industrial, commercial, and support type activities
managed through the Fund.
(2) The Secretary of Defense shall make available to the Comptroller
General information used to establish the charges for goods and services
to be provided by working-capital funds and industrial, commercial, and
support type activities managed through the Fund. The Comptroller
General shall conduct an annual review of the adequacy of the basis for
the charges. <<NOTE: Reports.>> Not later than 30 days after the date
on which the Secretary submits the annual report and proposed budget for
the Fund under subsection (h) of section 2216a of title 10, United
States Code, as redesignated by section 1074(a)(10) of this Act, the
Comptroller General shall submit to Congress a report containing the
results of the review.
SEC. 364. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216a of title 10, United States Code, as redesignated by
section 1074(a)(10) of this Act, is amended in subsection (i)(1) by
striking out ``$50,000'' and inserting in lieu thereof ``$100,000''.
SEC. 365. EXPANSION OF AUTHORITY TO DONATE UNUSABLE FOOD.
(a) Authority for Donations From Defense Agencies.--Section 2485 of
title 10, United States Code, is amended by striking out ``Secretary of
a military department'' in subsections (a) and (b) and inserting in lieu
thereof ``Secretary of Defense''.
(b) Expansion of Eligible Recipients.--Such section is further
amended--
(1) in subsection (a), by striking out ``authorized
charitable nonprofit food banks'' and inserting in lieu thereof
``entities specified under subsection (d)''; and
(2) in subsection (d), by striking out ``may only be made''
and all that follows and inserting in lieu thereof the
following: ``may only be made to an entity that is one of the following:
``(1) A charitable nonprofit food bank that is designated by
the Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(2) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(3) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
[[Page 110 STAT. 2495]]
``(4) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.''.
(c) Clarification of Food That May Be Donated.--Subsection (b) of
such section is further amended by inserting ``rations known as
humanitarian daily rations (HDRs),'' after ``(MREs),''.
SEC. 366. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION OF THE
PRESIDENT.
(a) In General.--Section 2543 of title 10, United States Code, is
amended to read as follows:
``Sec. 2543. Equipment and services: Presidential inaugural
ceremonies
``(a) Assistance Authorized.--The Secretary of Defense may, with
respect to the ceremonies relating to the inaugu-
ration of a President, provide the assistance referred to in subsection
(b) to--
``(1) the Presidential Inaugural Committee; and
``(2) the congressional Joint Inaugural Committee.
``(b) Assistance.--Assistance that may be provided under subsection
(a) is the following:
``(1) Planning and carrying out activities relating to
security and safety.
``(2) Planning and carrying out ceremonial activities.
``(3) Loan of property.
``(4) Any other assistance that the Secretary considers
appropriate.
``(c) Reimbursement.--(1) The Presidential Inaugural Committee shall
reimburse the Secretary for any costs incurred in connection with the
provision to the committee of assistance referred to in subsection
(b)(4).
``(2) Costs reimbursed under paragraph (1) shall be credited to the
appropriations from which the costs were paid. The amount credited to an
appropriation shall be proportionate to the amount of the costs charged
to that appropriation.
``(d) Loaned Property.--With respect to property loaned for a
presidential inauguration under subsection (b)(3), the Presidential
Inaugural Committee shall--
``(1) return that property within nine days after the date
of the ceremony inaugurating the President;
``(2) give good and sufficient bond for the return in good
order and condition of that property;
``(3) indemnify the United States for any loss of, or damage
to, that property; and
``(4) defray any expense incurred for the delivery, return,
rehabilitation, replacement, or operation of that property.
``(e) Definitions.--In this section:
``(1) The term `Presidential Inaugural Committee' means the
committee referred to in subsection (b)(2) of the first section
of the Presidential Inaugural Ceremonies Act (36 U.S.C. 721)
that is appointed with respect to the inauguration of a
President-elect and Vice President-elect.
``(2) The term `congressional Joint Inaugural Committee'
means the joint committee of the Senate and House of
Representatives referred to in the proviso in section 9 of the
Presidential Inaugural Ceremonies Act (36 U.S.C. 729) that is
[[Page 110 STAT. 2496]]
appointed with respect to the inauguration of a President-elect
and Vice President-elect.''.
(b) Clerical Amendment.--The item relating to section 2543 in the
table of sections at the beginning of chapter 152 of such title is
amended to read as follows:
``2543. Equipment and services: Presidential inaugural ceremonies.''.
SEC. 367. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS.
(a) Authority To Provide Support.--Subchapter II of chapter 152 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2554. Provision of support for certain sporting events
``(a) Security and Safety Assistance.--At the request of a Federal,
State, or local government agency responsible for providing law
enforcement services, security services, or safety services, the
Secretary of Defense may authorize the commander of a military
installation or other facility of the Department of Defense or the
commander of a specified or unified combatant command to provide
assistance for the World Cup Soccer Games, the Goodwill Games, the
Olympics, and any other civilian sporting event in support of essential
security and safety at such event, but only if the Attorney General
certifies that such assistance is necessary to meet essential security
and safety needs.
``(b) Other Assistance.--The Secretary of Defense may authorize a
commander referred to in subsection (a) to provide assistance for a
sporting event referred to in that subsection in support of other needs
relating to such event, but only--
``(1) to the extent that such needs cannot reasonably be met
by a source other than the Department;
``(2) to the extent that the provision of such assistance
does not adversely affect the military preparedness of the armed
forces; and
``(3) if the organization requesting such assistance agrees
to reimburse the Department for amounts expended by the
Department in providing the assistance in accordance with the
provisions of section 377 of this title and other applicable
provisions of law.
``(c) Inapplicability to Certain Events.--Subsections (a) and (b) do
not apply to the following sporting events:
``(1) Sporting events for which funds have been appropriated
before the date of the enactment of this Act.
``(2) The Special Olympics.
``(3) The Paralympics.
``(d) Terms and Conditions.--The Secretary of Defense may require
such terms and conditions in connection with the provision of assistance
under this section as the Secretary considers necessary and appropriate
to protect the interests of the United States.
``(e) Report on Assistance.--Not later than January 30 of each year
following a year in which the Secretary of Defense provides assistance
under this section, the Secretary shall submit to Congress a report on
the assistance provided. The report shall set forth--
``(1) a description of the assistance provided;
``(2) the amount expended by the Department in providing the
assistance;
[[Page 110 STAT. 2497]]
``(3) if the assistance was provided under subsection (a),
the certification of the Attorney General with respect to the
assistance under that subsection; and
``(4) if the assistance was provided under subsection (b)--
``(A) an explanation why the assistance could not
reasonably be met by a source other than the Department;
and
``(B) the amount the Department was reimbursed under
that subsection.
``(f) Relationship to Other Laws.--Assistance provided under this
section shall be subject to the provisions of sections 375 and 376 of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2554. Provision of support for certain sporting events.''.
SEC. 368. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) Storage Authorized.--(1) Section 2634 of title 10, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection (g);
(B) by transferring subsection (g), as so redesignated, to
the end of such section; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) In lieu of transportation authorized by this section, if a
member is ordered to make a change of permanent station to a foreign
country and the laws, regulations, or other restrictions imposed by the
foreign country or the United States preclude entry of a motor vehicle
described in subsection (a) into that country, or would require
extensive modification of the vehicle as a condition to entry, the
member may elect to have the vehicle stored at the expense of the United
States at a location approved by the Secretary concerned.
``(2) If a member is transferred or assigned in connection with a
contingency operation to duty at a location other than the permanent
station of the member for a period of more than 30 consecutive days, but
the transfer or assignment is not considered a change of permanent
station, the member may elect to have a motor vehicle described in
subsection (a) stored at the expense of the United States at a location
approved by the Secretary concerned.
``(3) Authorized expenses under this subsection include costs
associated with the delivery of the motor vehicle for storage and
removal of the vehicle for delivery to a destination approved by the
Secretary concerned.''.
(2)(A) The heading of such section is amended to read as follows:
[[Page 110 STAT. 2498]]
``Sec. 2634. Motor vehicles: transportation or storage for members
on change of permanent station or extended
deployment''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 157 of title 10, United States Code, is amended
to read as follows:
``2634. Motor vehicles: transportation or storage for members on change
of permanent station or extended deployment.''.
(b) Conforming Amendment.--Subparagraph (B) of section 406(h)(1) of
title 37, United States Code, is amended to read as follows:
``(B) in the case of a member described in paragraph (2)(A),
authorize the transportation of one motor vehicle, which is
owned or leased by the member (or a dependent of the member) and
is for the personal use of a dependent of the member, to that
location by means of transportation authorized under section
2634 of title 10 or authorize the storage of the motor vehicle
pursuant to subsection (b) of such section.''.
(c) <<NOTE: 10 USC 2634 note.>> Effective Date.--The amendments
made by this section shall take effect on April 1, 1997.
SEC. 369. SECURITY PROTECTIONS AT DEPARTMENT OF DEFENSE FACILITIES
IN NATIONAL CAPITAL REGION.
(a) Expansion of Authority.--Subsection (b) of section 2674 of title
10, United States Code, is amended by striking out ``at the Pentagon
Reservation'' and inserting in lieu thereof ``in the National Capital
Region''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 2674. Operation and control of Pentagon Reservation and
defense facilities in National Capital
Region''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2674. Operation and control of Pentagon Reservation and defense
facilities in National Capital Region.''.
SEC. 370. ADMINISTRATION OF MIDSHIPMEN'S STORE AND OTHER NAVAL ACADEMY
SUPPORT ACTIVITIES AS NONAPPROPRIATED FUND INSTRUMENTALITY.
(a) In General.--Section 6971 of title 10, United States Code, is
amended to read as follows:
``Sec. 6971. Midshipmen's store, trade shops, dairy, and laundry:
nonappropriated fund instrumentality and
accounts
``(a) Operation as Nonappropriated Fund Instrumentality.--The
Superintendent of the Naval Academy shall operate the Naval Academy
activities referred to in subsection (b) as a nonappropriated fund
instrumentality under the jurisdiction of the Navy.
``(b) Covered Activities.--The nonappropriated fund instrumentality
required under subsection (a) shall consist of the following Naval
Academy activities:
``(1) The midshipmen's store.
``(2) The barber shop.
[[Page 110 STAT. 2499]]
``(3) The cobbler shop.
``(4) The tailor shop.
``(5) The dairy.
``(6) The laundry.
``(c) Nonappropriated Fund Accounts.--The Superintendent of the
Naval Academy shall administer a separate nonappropriated fund account
for each of the Naval Academy activities included in the nonappropriated
fund instrumentality required under subsection (a).
``(d) Crediting of Revenue.--The Superintendent shall credit all
revenue received from a Naval Academy activity referred to in subsection
(b) to the account administered with respect to that activity under
subsection (c), and amounts so credited shall be available for operating
expenses of that activity.
``(e) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of the Navy.''.
(b) Civil Service Employment Status of Employees of Covered
Activities.--Section 2105(b) of title 5, United States Code, is
amended--
(1) by inserting ``who is'' after ``An individual''; and
(2) by inserting ``and whose employment in such a position
began before October 1, 1996, and has been uninterrupted in such
a position since that date'' after ``Academy dairy,''.
(c) Conforming Repeal.--Section 6970 of title 10, United States
Code, is repealed.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 603 of title 10, United States Code, is amended by striking out
the items relating to sections 6970 and 6971 and inserting in lieu
thereof the following new item:
``6971. Midshipmen's store, trade shops, dairy, and laundry:
nonappropriated fund instrumentality and accounts.''.
(e) <<NOTE: 5 USC 2105 note.>> Effective Date.--The amendments made
by this section shall take effect on October 1, 1996.
SEC. 371. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF
CIVILIAN STUDENTS AT FOREIGN LANGUAGE
INSTITUTE OF THE DEFENSE LANGUAGE
INSTITUTE.
(a) Authority to Accept Reimbursement In Kind.--Section 559(a)(1) of
the National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2776; 10 U.S.C. 4411 note) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Reimbursement Options for Certain Instruction.--In the case of
instruction provided to students described in subsection (a)(1), the
Secretary may provide the instruction on a cost-reimbursable basis, a
reimbursement-in-kind basis, or a combination of both options.
Regardless of the reimbursement option, the value of the reimbursement
received under this subsection may not be less than the amount charged
for providing language instruction to Federal employees who are not
Department of Defense employees. The Secretary may not delegate the
authority to accept an offer for in-kind reimbursement below the level
of the Assistant Secretary of the Army.''.
[[Page 110 STAT. 2500]]
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)(1), by striking out ``cost-reimburs-
able,''; and
(2) in subsection (d), as redesignated by subsection (a)(1)
of this section, by striking out ``subsection (a)'' the first
place it appears and inserting in lieu thereof ``subsection (a)
or (c)''.
SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
1997.--Of the amounts authorized to be appropriated in section 301(5)--
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification.--Not later than June 30, 1997, the Secretary of
Defense shall--
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1997 of that
agency's eligibility for such assistance and the amount of such
assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1997 of that
agency's eligibility for such payment and the amount of the
payment for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under paragraphs (1) and (2) of subsection (a) not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means
payments authorized under section 386(d) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20
U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 373. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND
ACCOUNTING SERVICE CENTER, FORT BENJAMIN
HARRISON, INDIANA.
(a) Transfer Authority.--To pay the costs of planning, design, and
renovation of Building One, Fort Benjamin Harrison, Indiana, for use as
a Defense Finance and Accounting Service Center, the Secretary of
Defense may transfer to the Administrator of General Services in the
manner provided in subsection (b) funds available
[[Page 110 STAT. 2501]]
to the Department of Defense for the Defense Finance and Accounting
Service for a fiscal year for operation and maintenance.
(b) Authority Subject to Authorizations and Appropriations.--To the
extent provided in appropriations Acts--
(1) of funds described in subsection (a) and appropriated
for fiscal year 1997, $9,000,000 may be transferred under such
subsection; and
(2) of funds described in subsection (a) and appropriated
for fiscal years 1998, 1999, 2000, and 2001, funds may be
transferred under such subsection in such amounts as are
authorized to be transferred in an Act enacted after the date of
the enactment of this Act.
(c) <<NOTE: Effective date.>> Authority Subject To Agreement
Between Department of Defense and General Services Administration.--The
transfer authority provided in subsection (a) shall not take effect
until the date on which the Secretary of Defense and the Administrator
of General Services enter into an agreement that provides for the
Department of Defense to receive a full reimbursement for the funds
transferred under such subsection. Such reimbursement may include
reimbursement in the form of reduced or static rental rates for Building
One.
SEC. 374. FOOD DONATION PILOT PROGRAM AT SERVICE ACADEMIES.
(a) Program Authorized.--The Secretaries of the military departments
and the Secretary of Transportation may each carry out a food donation
pilot program at the service academy under the jurisdiction of such
Secretary.
(b) Donations and Collections of Food and Grocery Products.--Under
the pilot program, the Secretary concerned may donate to, and permit
others to collect for, a nonprofit organization any food or grocery
product that--
(1) is--
(A) an apparently wholesome food;
(B) an apparently fit grocery product; or
(C) a food or grocery product that is donated in
accordance with section 402(e) of the National and
Community Service Act of 1990 (42 U.S.C. 12672(e));
(2) is owned by the United States;
(3) is located at a service academy under the jurisdiction
of such Secretary; and
(4) is excess to the requirements of the academy.
(c) Program Commencement.--The Secretary concerned shall commence
carrying out the pilot program, if at all, during fiscal year 1997.
(d) Applicability of Good Samaritan Food Donation Act.--Section 402
of the National and Community Service Act of 1990 (42 U.S.C. 12672)
shall apply to donations and collections of food and grocery products
under the pilot program without regard to section 403 of such Act (42
U.S.C. 12673).
(e) Reports.--(1) Each Secretary that carries out a pilot program at
a service academy under this section shall submit to Congress an interim
report and a final report on the pilot program.
(2) The Secretary concerned shall submit the interim report not
later than one year after the date on which the Secretary commences the
pilot program at a service academy.
[[Page 110 STAT. 2502]]
(3) The Secretary concerned shall submit the final report not later
than 90 days after the Secretary completes the pilot program at a
service academy.
(4) Each report shall include the following:
(A) A description of the conduct of the pilot program.
(B) A discussion of the experience under the pilot program.
(C) An evaluation of the extent to which section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672) has
been effective in protecting the United States and others from
liabilities associated with actions taken under the pilot
program.
(D) Any recommendations for legislation to facilitate
donations or collections of excess food and grocery products of
the United States or others for nonprofit organizations.
(f) Definitions.--For purposes of this section:
(1) The term ``service academy'' means each of the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Coast Guard Academy.
(2) The term ``Secretary concerned'' means the following:
(A) The Secretary of the Army, with respect to the
United States Military Academy.
(B) The Secretary of the Navy, with respect to the
United States Naval Academy.
(C) The Secretary of the Air Force, with respect to
the United States Air Force Academy.
(D) The Secretary of Transportation, with respect to
the United States Coast Guard Academy.
(3) The terms ``apparently fit grocery product'',
``apparently wholesome food'', ``donate'', ``food'', and
``grocery product'' have the meanings given those terms in
section 402(b) of the National and Community Service Act of 1990
(42 U.S.C. 12672(b)).
SEC. 375. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN
SERVICES AT LINCOLN MUNICIPAL AIRPORT,
LINCOLN, NEBRASKA.
(a) Authority.--The Nebraska Air National Guard may provide fire
protection services and rescue services relating to aircraft at Lincoln
Municipal Airport, Lincoln, Nebraska, on behalf of the Lincoln Municipal
Airport Authority, Lincoln, Nebraska.
(b) Agreement.--The Nebraska Air National Guard may not provide
services under subsection (a) until the Nebraska Air National Guard and
the authority enter into an agreement under which the authority agrees--
(1) to reimburse the Nebraska Air National Guard for the
cost of the services provided; and
(2) to hold harmless and indemnify the United States, except
in cases of willful misconduct or gross negligence, from any
claim for damages or injury to any person or property arising
out of the provision of, or the failure to provide, such
services.
(c) Effect on Military Preparedness.--Services may only be provided
under subsection (a) to the extent that the provision of such services
does not adversely affect the military preparedness of the Armed Forces.
[[Page 110 STAT. 2503]]
SEC. 376. TECHNICAL AMENDMENT REGARDING IMPACT AID
PROGRAM.
Paragraph (3) of section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended by striking out
``2,000 and such number equals or exceeds 15'' and inserting in lieu
thereof ``1,000 or such number equals or exceeds 10''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel
and navy grades of lieutenant commander, commander,
and captain.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in
Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1997, as follows:
(1) The Army, 495,000.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL
CONTINGENCIES.
(a) Requirement To Budget for and Maintain Statutory End Strength
Levels.--Section 691 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) The budget for the Department of Defense for any fiscal year
as submitted to Congress shall include amounts for funding for each of
the armed forces (other than the Coast Guard) at least in the amounts
necessary to maintain the active duty end strengths prescribed in
subsection (b), as in effect at the time that such budget is submitted.
[[Page 110 STAT. 2504]]
``(d) No funds appropriated to the Department of Defense may be used
to implement a reduction of the active duty end strength for any of the
armed forces (other than the Coast Guard) for any fiscal year below the
level specified in subsection (b) unless the reduction in end strength
for that armed force for that fiscal year is specifically authorized by
law.''.
(b) Temporary Flexibility Relating to Permanent End Strength
Levels.--Subsection (e) of such section, as redesignated by subsection
(a)(1), is amended by striking out ``not more than 0.5 percent'' and
inserting in lieu thereof ``not more than 1 percent''.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS ON ACTIVE
DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL AND NAVY GRADES OF
LIEUTENANT COMMANDER, COMMANDER, AND
CAPTAIN.
(a) Revision in Army, Air Force, and Marine Corps Limitations.--The
table in paragraph (1) of section 523(a) of title 10, United States
Code, is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in the grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
Major 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
[[Page 110 STAT. 2505]]
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.''
----------------------------------------------------------------------------------------------------------------
(b) Revision in Navy Limitations.--The table in paragraph (2) of
such section is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: 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.''
----------------------------------------------------------------------------------------------------------------
(c) Repeal of Temporary Authority for Variations in End Strengths.--
The following provisions of law are repealed:
[[Page 110 STAT. 2506]]
(1) Section 402 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1639; 10
U.S.C. 523 note).
(2) Section 402 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2743; 10
U.S.C. 523 note).
(3) Section 402 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 286; 10
U.S.C. 523 note).
(d) <<NOTE: 10 USC 523 note.>> Effective Date.--The amendments made
by subsections (a), (b), and (c) shall take effect on September 1, 1997.
SEC. 404. EXTENSION OF REQUIREMENT FOR RECOMMENDATIONS REGARDING
APPOINTMENTS TO JOINT 4-STAR OFFICER POSITIONS.
(a) Service Secretary Recommendation Required.--Section 604(c) of
title 10, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 2000''.
(b) Grade Relief When Recommendation Made.--Section 525(b)(5)(C) of
such title is amended by striking out ``September 30, 1997'' and
inserting in lieu thereof ``September 30, 2000''.
SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS ON
ACTIVE DUTY IN THE MARINE CORPS.
Section 526(a)(4) of title 10, United States Code, is amended by
striking out ``68'' and inserting in lieu thereof ``80''.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR SELECTED
RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1997, as follows:
(1) The Army National Guard of the United States, 366,758.
(2) The Army Reserve, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,178.
(6) The Air Force Reserve, 73,311.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component for a fiscal year shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
[[Page 110 STAT. 2507]]
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES ON
ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1997,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413 <<NOTE: 10 USC 115 note.>> . END STRENGTHS FOR MILITARY
TECHNICIANS.
(a) Authorization for Fiscal Year 1997.--The minimum number of
military technicians as of the last day of fiscal year 1997 for the
reserve components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United States,
25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 23,299.
(b) Information To Be Provided With Future Authorization Requests.--
Section 10216 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Information Required To Be Submitted With Annual End Strength
Authorization Request.--(1) The Secretary of Defense shall include as
part of the budget justification documents submitted to Congress with
the budget of the Department of Defense for any fiscal year the
following information with respect to the end strengths for military
technicians requested in that budget pursuant to section 115(g) of this
title, shown separately for each of the Army and Air Force reserve
components:
``(A) The number of dual-status technicians in the high
priority units and organizations specified in subsection (a)(1).
``(B) The number of technicians other than dual-status
technicians in the high priority units and organizations
specified in subsection (a)(1).
``(C) The number of dual-status technicians in other than
high priority units and organizations specified in subsection
(a)(1).
``(D) The number of technicians other than dual-status
technicians in other than high priority units and organizations
specified in subsection (a)(1).
[[Page 110 STAT. 2508]]
``(2)(A) If the budget submitted to Congress for any fiscal year
requests authorization for that fiscal year under section 115(g) of this
title of a military technician end strength for a reserve component of
the Army or Air Force in a number that constitutes a reduction from the
end strength minimum established by law for that reserve component for
the fiscal year during which the budget is submitted, the Secretary of
Defense shall submit to the congressional defense committees with that
budget a justification providing the basis for that requested reduction
in technician end strength.
``(B) Any justification submitted under subparagraph (A) shall
clearly delineate--
``(i) in the case of a reduction that includes a reduction
in technicians described in subparagraph (A) or (C) of paragraph
(1), the specific force structure reductions forming the basis
for such requested technician reduction (and
the numbers related to those force structure reductions); and
``(ii) in the case of a reduction that includes reductions
in technicians described in subparagraphs (B) or (D) of
paragraph (1), the specific force structure reductions,
Department of Defense civilian personnel reductions, or other
reasons forming the basis for such requested technician
reduction (and the numbers related to those reductions).''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a), by striking out ``section 115'' and
inserting in lieu thereof ``section 115(g)''; and
(2) in subsection (c), as redesignated by subsection (b)(1),
by striking out ``after the date of the enactment of this
section'' both places it appears and inserting in lieu thereof
``after February 10, 1996,''.
SEC. 414. ASSURANCE OF CONTINUED ASSIGNMENT OF MILITARY PERSONNEL
TO SERVE IN SELECTIVE SERVICE SYSTEM.
(a) Number of Military Personnel To Be Assigned.--Section 10 of the
Military Selective Service Act (50 U.S.C. App. 460) is amended--
(1) in subsection (b)(2), by inserting ``, subject to
subsection (e),'' after ``to employ such number of civilians,
and''; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) The total number of armed forces personnel assigned to the
Selective Service System under subsection (b)(2) at any time may not be
less than the number of such personnel determined by the Director of
Selective Service to be necessary, but not to exceed 745 persons, except
that the President may assign additional armed forces personnel to the
Selective Service System during a time of war or a national emergency
declared by Congress or the President.''.
(b) Stylistic Amendments.--Subsection (b) of such section is
amended--
(1) by striking out ``authorized--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``authorized to
undertake the following:'';
(2) by striking out ``to'' at the beginning of paragraphs
(1) through (7) and inserting in lieu thereof ``To'';
[[Page 110 STAT. 2509]]
(3) by striking out ``subject'' at the beginning of
paragraphs (8), (9), and (10) and inserting in lieu thereof
``Subject''; and
(4) by striking out the semicolon at the end of paragraphs
(1) through (9) and inserting in lieu thereof a period.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1997 a total of
$70,056,130,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1997.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. 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. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements
to
Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of
service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members
of
National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable
toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active
duty
retirement after administrative reduction in
enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and
Financial Assistance Program.
[[Page 110 STAT. 2510]]
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for
mobilized Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on
ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National
Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training
Corps and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC)
participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy
graduates to be assigned directly to Reserve duty
upon graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American
soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act
as a military notary public when not in a duty
status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard
when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian
personnel to obtain employment as teachers or
teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical
examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service
academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers
assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service
officers.
Subtitle A--Officer Personnel Policy
SEC. 501. GRADE OF CHIEF OF NAVAL RESEARCH.
(a) Rear Admiral (Upper Half).--Section 5022(a) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Unless appointed to higher grade under another provision of
law, an officer, while serving in the Office of Naval Research as Chief
of Naval Research, has the rank of rear admiral (upper half).''.
(b) <<NOTE: 10 USC 5022 note.>> Effective Date.--Paragraph (2) of
section 5022(a) of title 10, United States Code, as added by subsection
(a), shall take
[[Page 110 STAT. 2511]]
effect upon the occurrence of the first vacancy in the position of Chief
of Naval Research after the date of the enactment of this Act.
Sec. 502. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS AND AIR
FORCE NURSE CORPS.
(a) Army Nurse Corps.--(1) Subsection (b) of section 3069 of title
10, United States Code, is amended--
(A) in the first sentence, by striking out ``major'' and
inserting in lieu thereof ``lieutenant colonel'';
(B) by inserting after the first sentence the following:
``An appointee who holds a lower regular grade shall be
appointed in the regular grade of brigadier general.''; and
(C) in the last sentence, by inserting ``to the same
position'' before the period at the end.
(2) Subsection (c) of such section is amended by striking out
``major'' in the first sentence and inserting in lieu thereof
``lieutenant colonel''.
(3) The heading of such section is amended to read as follows:
``Sec. 3069. Army Nurse Corps: composition; Chief and assistant
chief; appointment; grade
(b) Air Force Nurse Corps.--Chapter 807 of such title is amended by
inserting after section 8067 the following new section:
``Sec. 8069. Air Force nurses: Chief and assistant chief;
appointment; grade
``(a) Positions of Chief and Assistant Chief.--There are a Chief and
assistant chief of the Air Force Nurse Corps.
``(b) Chief.--The Secretary of the Air Force shall appoint the Chief
from the officers of the Regular Air Force designated as Air Force
nurses whose regular grade is above lieutenant colonel and who are
recommended by the Surgeon General. An appointee who holds a lower
regular grade shall be appointed in the regular grade of brigadier
general. The Chief serves during the pleasure of the Secretary, but not
for more than three years, and may not be reappointed to the same
position.
``(c) Assistant Chief.--The Surgeon General shall appoint the
assistant chief from the officers of the Regular Air Force designated as
Air Force nurses whose regular grade is above lieutenant colonel.''.
(c) Clerical Amendments.--(1) The item relating to section 3069 in
the table of sections at the beginning of chapter 307 of such title is
amended to read as follows:
``3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade.''.
(2) The table of sections at the beginning of chapter 807 of such
title is amended by inserting after the item relating to section 8067
the following new item:
``8069. Air Force Nurse Corps: Chief and assistant chief; appointment;
grade.''.
Sec. 503. NAVY SPOT PROMOTION AUTHORITY FOR CERTAIN
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Advice-and-Consent Appointments.--Subsection (a) of section 5721
of title 10, United States Code, is amended by striking out ``the
President alone'' and inserting in lieu thereof ``the President, by and
with the advice and consent of the Senate''.
[[Page 110 STAT. 2512]]
(b) Repeal of Termination of Authority.--Such section is further
amended by striking out subsection (g).
(c) Clerical Amendment.--The caption for subsection (a) is amended
to read as follows: ``Promotion Authority for Certain Officers With
Critical Skills.--''.
SEC. 504. 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.
Section 12205(c)(2)(C) of title 10, United States Code, is amended
by striking out ``three years'' and inserting in lieu thereof ``eight
years''.
SEC. 505. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT IN THE NAVAL RESERVE IN GRADES
ABOVE O-2.
Section 12205(b)(3) of title 10, United States Code, is amended by
inserting ``or the Seaman to Admiral program'' after ``(NAVCAD)
program''.
SEC. 506. CHIEF WARRANT OFFICER PROMOTIONS.
(a) Reduction of Minimum Time in Grade Required for Consideration
for Promotion.--Section 574(e) of title 10, United States Code, is
amended by striking out ``three years of service'' and inserting in lieu
thereof ``two years of service''.
(b) Below-Zone Selection.--Section 575(b)(1) of such title is
amended by inserting ``chief warrant officer, W-3,'' in the first
sentence after ``to consider warrant officers for selection for
promotion to the grade of''.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND MIDSHIPMEN IN
SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) Amendments to Title 10.--(1) Section 2106(c) of title 10, United
States Code, is amended by striking out ``while serving on active duty
other than for training after July 31, 1990, while a member of the
Selected Reserve'' and inserting in lieu thereof ``performed on or after
August 1, 1979, as a member of the Selected Reserve''.
(2) Section 2107(g) of such title is amended by striking out ``while
serving on active duty other than for training after July 31, 1990,
while a member of the Selected Reserve'' and inserting in lieu thereof
``performed on or after August 1, 1979, as a member of the Selected
Reserve''.
(3) Section 2107a(g) of such title is amended by inserting
``, other than enlisted service performed after August 1, 1979, as a
member of Selected Reserve'' after ``service as a cadet or with
concurrent enlisted service''.
(b) Amendment to Title 37.--Section 205(d) of title 37, United
States Code, is amended by striking out ``that service after July 31,
1990, that the officer performed while serving on active duty'' and
inserting in lieu thereof ``for service that the officer performed on or
after August 1, 1979.''.
(c) <<NOTE: 10 USC 2106 note.>> Benefits Not To Accrue for Prior
Periods.--No increase in pay or retired or retainer pay shall accrue for
periods before the date of the enactment of this Act by reason of the
amendments made by this section.
[[Page 110 STAT. 2513]]
SEC. 508. CONTINUATION ON ACTIVE STATUS FOR CERTAIN RESERVE
OFFICERS OF THE AIR FORCE.
(a) Authority.--Section 14507 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Temporary Authority To Retain Certain Officers Designated as
Judge Advocates.--(1) Notwithstanding the provisions of subsections (a)
and (b), the Secretary of the Air Force may retain on the reserve
active-status list any reserve officer of the Air Force who is
designated as a judge advocate and who obtained the first professional
degree in law while on an educational delay program subsequent to being
commissioned through the Reserve Officers' Training Corps.
``(2) No more than 50 officers may be retained on the reserve
active-status list under the authority of paragraph (1) at any time.
``(3) No officer may be retained on the reserve active-status list
under the authority of paragraph (1) for a period exceeding three years
from the date on which, but for that authority, that officer would have
been removed from the reserve active-status list under subsection (a) or
(b).
``(4) <<NOTE: Expiration date.>> The authority of the Secretary of
the Air Force under paragraph (1) expires on September 30, 2003.''.
(b) <<NOTE: 10 USC 14507 note.>> Effective Date.--Subsection (c) of
section 14507 of title 10, United States Code, as added by subsection
(a), shall take effect on October 1, 1996.
SEC. 509. REPORTS ON RESPONSE TO RECOMMENDATIONS CONCERNING
IMPROVEMENTS TO DEPARTMENT OF DEFENSE
JOINT MANPOWER PROCESS.
(a) Semiannual Report.--The Secretary of Defense shall submit to
Congress a semiannual report on the status of actions taken by the
Secretary to implement the recommendations made by the Department of
Defense Inspector General in the report of November 29, 1995, entitled
``Inspection of the Department of Defense Joint Manpower Process''
(Report No. 96-029). The first such report shall be submitted not later
than February 1, 1997. The requirement <<NOTE: Termination date.>> to
submit such reports terminates after the fourth such report is
submitted.
(b) Additional Matter for First Report.--As part of the first report
under subsection (a), the Secretary shall include the following:
(1) The Secretary's assessment as to the need to establish a
joint, centralized permanent organization in the Department of
Defense to determine, validate, approve, and manage military and
civilian manpower requirements resources at joint organizations.
(2) The Secretary's assessment of the Department of Defense
timeline and plan to increase the capability of the joint
professional military education system (including the Armed
Forces Staff College) to overcome the capacity limitations cited
in the report referred to in subsection (a).
(3) The Secretary's plan and timeline to provide the
necessary training and education of reserve component officers.
(c) GAO Assessment.--The Comptroller General of the United States
shall assess the completeness and adequacy of the corrective actions
taken by the Secretary with respect to the matters covered in the
Inspector General report referred to in subsection (a). Not later than
one year after the date of the enactment of this Act,
[[Page 110 STAT. 2514]]
the Comptroller General shall submit to Congress a report, based on the
assessment under this subsection, providing the Comptroller General's
findings and recommendations.
SEC. 510. FREQUENCY OF REPORTS TO CONGRESS ON JOINT OFFICER
MANAGEMENT POLICIES.
(a) Change from Semiannual to Annual Report.--Section 662(b) of
title 10, United States Code, is amended by striking out ``Report.--The
Secretary of Defense shall periodically (and not less often than every
six months) report to Congress on the promotion rates'' and inserting in
lieu thereof ``Annual Report.--Not later than January 1 of each year,
the Secretary of Defense shall submit to Congress a report on the
promotion rates during the preceding fiscal year''.
(b) Technical and Conforming Amendments.--Such section is further
amended--
(1) in the first sentence, by striking out ``clauses'' and
inserting in lieu thereof ``paragraphs''; and
(2) in the second sentence--
(A) by inserting ``for any fiscal year'' after
``such objectives''; and
(B) by striking out ``periodic report required by
this subsection'' and inserting in lieu thereof ``report
for that fiscal year''.
Subtitle B--Enlisted Personnel Policy
SEC. 511. CAREER SERVICE REENLISTMENTS FOR MEMBERS WITH AT LEAST
10 YEARS OF SERVICE.
Subsection (d) of section 505 of title 10, United States Code, is
amended to read as follows:
``(d)(1) The Secretary concerned may accept a reenlistment in the
Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or
Regular Coast Guard, as the case may be, for a period determined under
this subsection.
``(2) In the case of a member who has less than 10 years of service
in the armed forces as of the day before the first day of the period for
which reenlisted, the period for which the member reenlists shall be at
least two years but not more than six years.
``(3) In the case of a member who has at least 10 years of service
in the armed forces as of the day before the first day of the period for
which reenlisted, the Secretary concerned may accept a reenlistment for
either--
``(A) a specified period of at least two years but not more
than six years; or
``(B) an unspecified period.
``(4) No enlisted member is entitled to be reenlisted for a period
that would expire before the end of the member's current enlistment.''.
SEC. 512. AUTHORITY TO EXTEND PERIOD FOR ENTRY ON ACTIVE DUTY
UNDER THE DELAYED ENTRY PROGRAM.
(a) Authority.--Section 513(b) of title 10, United States Code, is
amended by inserting after the first sentence the following: ``The
Secretary concerned may extend the 365-day period for any person for up
to an additional 180 days if the Secretary determines
[[Page 110 STAT. 2515]]
that it is in the best interests of the armed force of which that person
is a member to do so.''.
(b) Technical Amendments.--Section 513(b) of such title, as amended
by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the third sentence as paragraph
(2); and
(3) in paragraph (2), as so designated, by striking out
``the preceding sentence'' and inserting in lieu thereof
``paragraph (1)''.
Subtitle C--Activation and Recall
SEC. 521. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY.
(a) Revision and Recodification of Authorities Relating to Retired
Members Ordered to Active Duty.--Chapter 39 of title 10, United States
Code, is amended by striking out section 688 and inserting in lieu
thereof the following:
``Sec. 688. Retired members: authority to order to active duty;
duties
``(a) <<NOTE: Regulations.>> Authority.--Under regulations
prescribed by the Secretary of Defense, a member described in subsection
(b) may be ordered to active duty by the Secretary of the military
department concerned at any time.
``(b) Covered Members.--Except as provided in subsection (d),
subsection (a) applies to the following members of the armed forces:
``(1) A retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps.
``(2) A member of the Retired Reserve who was retired under
section 1293, 3911, 3914, 6323, 8911, or 8914 of this title.
``(3) A member of the Fleet Reserve or Fleet Marine Corps
Reserve.
``(c) Duties of Member Ordered to Active Duty.--The Secretary
concerned may, to the extent consistent with other provisions of law,
assign a member ordered to active duty under this section to such duties
as the Secretary considers necessary in the interests of national
defense.
``(d) Exclusion of Officers Retired on Selective Early Retirement
Basis.--The following officers may not be ordered to active duty under
this section:
``(1) An officer who retired under section 638 of this
title.
``(2) An officer who--
``(A) after having been notified that the officer
was to be considered for early retirement under section
638 of this title by a board convened under section 611(b) of this title
and before being considered by that board, requested retirement under
section 3911, 6323, or 8911 of this title; and
``(B) was retired pursuant to that request.
``(e) Limitation of Period of Recall Service.--A member ordered to
active duty under subsection (a) may not serve on active duty pursuant
to orders under that subsection for more than 12
[[Page 110 STAT. 2516]]
months within the 24 months following the first day of the active duty
to which ordered under that subsection.
``(f) Waiver for Periods of War or National Emergency.--Subsections
(d) and (e) do not apply in time of war or of national emergency
declared by Congress or the President.
``Sec. 689. Retired members: grade in which ordered to active
duty and upon release from active duty
``(a) General Rule for Grade in Which Ordered to Active Duty.--
Except as provided in subsections (b) and (c), a retired member ordered
to active duty under section 688 of this title shall be ordered to
active duty in the member's retired grade.
``(b) Members Retired in O-9 and O-10 Grades.--A retired member
ordered to active duty under section 688 of this title whose retired
grade is above the grade of major general or rear admiral shall be
ordered to active duty in the highest permanent grade held by such
member while serving on active duty.
``(c) Members Who Previously Served in Grade Higher Than Retired
Grade.--(1) A retired member ordered to active duty under section 688 of
this title who has previously served on active duty satisfactorily, as
determined by the Secretary of the military department concerned, in a
grade higher than that member's retired grade may be ordered to active
duty in the highest grade in which the member had so served
satisfactorily, except that such a member may not be so ordered to
active duty in a grade above major general or rear admiral.
``(2) A retired member ordered to active duty in a grade that is
higher than the member's retired grade pursuant to subsection (a) shall
be treated for purposes of section 690 of this title as if the member
was promoted to that higher grade while on that tour of active duty.
``(3) If, upon being released from that tour of active duty, such a
retired member has served on active duty satisfactorily, as determined
by the Secretary concerned, for not less than a total of 36 months in a
grade that is a higher grade than the member's retired grade, the member
is entitled to placement on the retired list in that grade.
``(d) Grade Upon Release From Active Duty.--A member ordered to
active duty under section 688 of this title who, while on active duty,
is promoted to a grade that is higher than that member's retired grade
is entitled, upon that member's release from that tour of active duty,
to placement on the retired list in the highest grade in which the
member served on active duty satisfactorily, as determined by the
Secretary of the military department concerned, for not less than six
months.
``Sec. 690. Retired members ordered to active duty: limitation on
number
``(a) General and Flag Officers.--Not more than 15 retired general
officers of the Army, Air Force, or Marine Corps, and not more than 15
retired flag officers of the Navy, may be on active duty at any one
time. For the purposes of this subsection a retired officer ordered to
active duty for a period of 60 days or less is not counted.
``(b) Limitation by Service.--(1) Not more than 25 officers of any
one armed force may be serving on active duty concurrently
[[Page 110 STAT. 2517]]
pursuant to orders to active duty issued under section 688 of this
title.
``(2) In the administration of paragraph (1), the following officers
shall not be counted:
``(A) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which ordered.
``(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.
``(c) Waiver for Periods of War or National Emergency.--Subsection
(a) does not apply in time of war or of national emergency declared by
Congress or the President after November 30, 1980. Subsection (b) does
not apply in time of war or of national emergency declared by Congress
or the President.''.
(b) <<NOTE: 10 USC 688 note.>> Effective Date.--The amendments made
by this section shall take effect on September 30, 1997.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking out the item relating to section 688
and inserting in lieu thereof the following:
``688. Retired members: authority to order to active duty; duties.
``689. Retired members: grade in which ordered to active duty and upon
release from active duty.
``690. Retired members ordered to active duty: limitation on number.''.
(d) Cross Reference Amendment.--Section 6151(a) of title 10, United
States Code, is amended by striking out ``688'' and inserting in lieu
thereof ``689''.
SEC. 522. CLARIFICATION OF DEFINITION OF ACTIVE STATUS.
Section 101(d)(4) of title 10, United States Code, is amended by
striking out ``a reserve commissioned officer, other than a commissioned
warrant officer,'' and inserting in lieu thereof the following: ``a
member of a reserve component''.
SEC. 523. LIMITATION OF REQUIREMENT FOR PHYSICAL EXAMINATIONS OF
MEMBERS OF NATIONAL GUARD CALLED INTO
FEDERAL SERVICE.
Section 12408(a) of title 10, United States Code, is amended by
inserting ``under section 12301(a), 12302, or 12304 of this title''
after ``called into Federal service''.
Subtitle D--Reserve Component Retirement
SEC. 531. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY
TRAINING CREDITABLE TOWARD RESERVE
RETIREMENT.
(a) Increase in Limit.--Section 12733(3) is amended by inserting
before the period at the end the following: ``of service before the year
of service in which the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997 occurs and not more than 75 days
in any subsequent year of service''.
(b) <<NOTE: 10 USC 12732 note.>> Tracking System for Award of
Retirement Points.--To better enable the Secretary of Defense and
Congress to assess
[[Page 110 STAT. 2518]]
the cost and the effect on readiness of the amendment made by subsection
(a) and of other potential changes to the Reserve retirement system
under chapter 1223 of title 10, United States Code, the Secretary of
Defense shall require the Secretary of each military department to
implement a system to monitor the award of retirement points for
purposes of that chapter by categories in accordance with the
recommendation set forth in the August 1988 report of the Sixth
Quadrennial Review of Military Compensation.
(c) <<NOTE: 10 USC 12732 note.>> Recommendations to Congress.--The
Secretary shall submit to Congress, not later than one year after the
date of the enactment of this Act, the recommendations of the Secretary
with regard to the adoption of the following Reserve retirement
initiatives recommended in the August 1988 report of the Sixth
Quadrennial Review of Military Compensation:
(1) Elimination of membership points under subparagraph (C)
of section 12732(a)(2) of title 10, United States Code, in
conjunction with a decrease from 50 to 35 in the number of
points required for a satisfactory year under that section.
(2) Limitation to 60 in any year on the number of points
that may be credited under subparagraph (B) of section
12732(a)(2) of such title at two points per day.
(3) Limitation to 360 in any year on the total
number of retirement points countable for purposes of section
12733 of such title.
SEC. 532. RETIREMENT OF RESERVE ENLISTED MEMBERS WHO
QUALIFY FOR ACTIVE DUTY RETIREMENT AFTER
ADMINISTRATIVE REDUCTION IN ENLISTED
GRADE.
(a) Army.--(1) Chapter 369 of title 10, United States Code, is
amended by inserting after section 3962 the following new section:
``Sec. 3963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of
the member's misconduct
``(a) A Reserve enlisted member of the Army described in subsection
(b) who is retired under section 3914 of this title shall be retired in
the highest enlisted grade in which the member served on active duty
satisfactorily (or, in the case of a member of the National Guard, in
which the member served on full-time National Guard duty
satisfactorily), as determined by the Secretary of the Army.
``(b) <<NOTE: Applicability.>> This section applies to a Reserve
enlisted member who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-time
National Guard duty) in a grade lower than the highest enlisted
grade held by the member while on active duty (or full-time
National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by the
Secretary of the Army.
``(c) <<NOTE: Applicability.>> This section applies with respect to
Reserve enlisted members who are retired under section 3914 of this
title after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3962 the
following new item:
[[Page 110 STAT. 2519]]
``3963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(b) Navy and Marine Corps.--(1) Chapter 571 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 6336. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of
the member's misconduct
``(a) A member of the Naval Reserve or Marine Corps Reserve
described in subsection (b) who is transferred to the Fleet Reserve or
the Fleet Marine Corps Reserve under section 6330 of this title shall be
transferred in the highest enlisted grade in which the member served on
active duty satisfactorily, as determined by the Secretary of the Navy.
``(b) <<NOTE: Applicability.>> This section applies to a Reserve
enlisted member who--
``(1) at the time of transfer to the Fleet Reserve or Fleet
Marine Corps Reserve is serving on active duty in a grade lower
than the highest enlisted grade held by the member while on
active duty; and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by the
Secretary of the Navy.
``(c) <<NOTE: Applicability.>> This section applies with respect to
enlisted members of the Naval Reserve and Marine Corps Reserve who are
transferred to the Fleet Reserve or the Fleet Marine Corps Reserve after
September 30, 1996.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6336. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(c) Air Force.--(1) Chapter 869 of title 10, United States Code, is
amended by inserting after section 8962 the following new section:
``Sec. 8963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of
the member's misconduct
``(a) A Reserve enlisted member of the Air Force described in
subsection (b) who is retired under section 8914 of this title shall be
retired in the highest enlisted grade in which the member served on
active duty satisfactorily (or, in the case of a member of the National
Guard, in which the member served on full-time National Guard duty
satisfactorily), as determined by the Secretary of the Air Force.
``(b) <<NOTE: Applicability.>> This section applies to a Reserve
enlisted member who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-time
National Guard duty) in a grade lower than the highest enlisted
grade held by the member while on active duty (or full-time
National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by the
Secretary of the Air Force.
``(c) <<NOTE: Applicability.>> This section applies with respect to
Reserve enlisted members who are retired under section 8914 of this
title after September 30, 1996.''.
[[Page 110 STAT. 2520]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 8962 the
following new item:
``8963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(d) Computation of Retired and Retainer Pay Based Upon Retired
Grade.--(1) Section 3991 of such title is amended by adding at the end
the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members Covered by
Section 3963.--In the case of a Reserve enlisted member retired under
section 3914 of this title whose retired grade is determined under
section 3963 of this title and who first became a member of a uniformed
service before September 8, 1980, the retired pay base of the member
(notwithstanding section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined based upon
the rates of basic pay applicable on the date of the member's
retirement), and that amount shall be used for the purposes of
subsection (a)(1)(A) rather than the amount computed under section
1406(c) of this title.''.
(2) Section 6333 of such title is amended by adding at the end the
following new subsection:
``(c) In the case of a Reserve enlisted member whose grade upon
transfer to the Fleet Reserve or Fleet Marine Corps Reserve is
determined under section 6336 of this title and who first became a
member of a uniformed service before September 8, 1980, the retainer pay
base of the member (notwithstanding section 1406(a)(1) of this title) is
the amount of the monthly basic pay of the grade in which the member is
so transferred (determined based upon the rates of basic pay applicable
on the date of the member's transfer), and that amount shall be used for
the purposes of the table in subsection (a) rather than the amount
computed under section 1406(d) of this title.''.
(3) Section 8991 of such title is amended by adding at the end the
following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members Covered by
Section 8963.--In the case of a Reserve enlisted member retired under
section 8914 of this title whose retired grade is determined under
section 8963 of this title and who first became a member of a uniformed
service before September 8, 1980, the retired pay base of the member
(notwithstanding section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined based upon
the rates of basic pay applicable on the date of the member's
retirement), and that amount shall be used for the purposes of
subsection (a)(1)(A) rather than the amount computed under section
1406(e) of this title.''.
SEC. 533. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE
RETIREMENT SANCTUARY.
Section 12686 of title 10, United States Code, is amended--
(1) by inserting ``(a) Limitation.--'' before ``Under
regulations''; and
(2) by adding at the end the following:
``(b) Waiver.--With respect to a member of a reserve component who
is to be ordered to active duty (other than for training) under section
12301 of this title pursuant to an order to active duty that specifies a
period of less than 180 days and who (but for this subsection) would be
covered by subsection (a), the Secretary
[[Page 110 STAT. 2521]]
concerned may require, as a condition of such order to active duty, that
the member waive the applicability of subsection (a) to the member for
the period of active duty covered by that order. In carrying out this
subsection, the Secretary concerned may require that a waiver under the
preceding sentence be executed before the period of active duty
begins.''.
SEC. 534. ELIGIBILITY OF RESERVES FOR DISABILITY RETIREMENT.
Paragraph (2) of section 1204 of title 10, United States Code, is
amended to read as follows:
``(2) the disability is the proximate result of, or was
incurred in line of duty after the date of the enactment of this
Act as a result of--
``(A) performing active duty or inactive-duty
training;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) an injury, illness, or disease incurred or
aggravated while remaining overnight, between successive
periods of inactive-duty training, at or in the vicinity
of the site of the inactive duty training, if the site
is outside reasonable commuting distance of the member's
residence;''.
Subtitle E--Other Reserve Component Matters
SEC. 541. TRAINING FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Subsection (b) of section 12310 of title 10, United States Code, is
amended to read as follows:
``(b) A Reserve on active duty as described in subsection (a) may be
provided training consistent with training provided to other members on
active duty, as the Secretary concerned sees fit.''.
SEC. 542. ELIGIBILITY FOR ENROLLMENT IN READY RESERVE MOBILIZATION
INCOME INSURANCE PROGRAM.
Section 12524 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) <<NOTE: Regulations.>> Members of Individual Ready Reserve.--
Notwithstanding any other provision of this section, and pursuant to
regulations issued by the Secretary, a member of the Individual Ready
Reserve who becomes a member of the Selected Reserve shall not be denied
eligibility to purchase insurance under this chapter upon becoming a
member of the Selected Reserve unless the member previously declined to
enroll in the program of insurance under this chapter while a member of
the Selected Reserve.''.
SEC. 543. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM.
(a) Credit Authorized.--Section 2126 of title 10, United States
Code, is amended--
(1) by striking out ``Service performed'' and inserting in
lieu thereof ``(a) Service Not Creditable.--Except as provided
in subsection (b), service performed''; and
(2) by adding at the end the following:
[[Page 110 STAT. 2522]]
``(b) Service Creditable for Certain Purposes.--(1) The Secretary
concerned may authorize service performed by a member of the program in
pursuit of a course of study under this subchapter to be counted in
accordance with this subsection if the member--
``(A) completes the course of study;
``(B) completes the active duty obligation imposed under
section 2123(a) of this title; and
``(C) possesses a specialty designated by the Secretary
concerned as critically needed in wartime.
``(2) Service credited under paragraph (1) counts only for the
following purposes:
``(A) Award of retirement points for computation of
years of service under section 12732 of this title and for
computation of retired pay under section 12733 of this title.
``(B) Computation of years of service creditable under
section 205 of title 37.
``(3) For purposes of paragraph (2)(A), a member may be credited in
accordance with paragraph (1) with not more than 50 points for each year
of participation in a course of study that the member satisfactorily
completes as a member of the program.
``(4) Service may not be counted under paragraph (1) for more than
four years of participation in a course of study as a member of the
program.
``(5) A member is not entitled to any retroactive award of, or
increase in, pay or allowances under title 37 by reason of an award of
service credit under paragraph (1).''.
(b) Award of Retirement Points.--(1) Section 12732(a)(2) of such
title is amended--
(A) by inserting after clause (C) the following:
``(D) Points credited for the year under section
2126(b) of this title.''; and
(B) in the matter following clause (D), as inserted by
paragraph (1), by striking out ``and (C)'' and inserting in lieu
thereof ``(C), and (D)''.
(2) Section 12733(3) of such title is amended by striking out ``or
(C)'' and inserting in lieu thereof ``(C), or (D)''.
SEC. 544. AMENDMENTS TO RESERVE OFFICER PERSONNEL MANAGEMENT ACT
PROVISIONS.
(a) Service Requirement for Retirement in Highest Grade Held.--
Section 1370(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2)(A), by striking out ``(A)'';
(3) by redesignating paragraph (2)(B) as paragraph
(3); and
(4) in paragraph (3), as so redesignated--
(A) by designating the first sentence as subpara-
graph (A);
(B) by designating the second sentence as
subparagraph (B);
(C) in subparagraph (B), as so redesignated, by
striking out ``the preceding sentence'' and inserting in
lieu thereof ``subparagraph (A)''; and
(D) by adding at the end the following:
``(C) If a person covered by subparagraph (A) has completed at least
six months of satisfactory service in grade, the person
[[Page 110 STAT. 2523]]
was serving in that grade while serving in a position of adjutant
general required under section 314 of title 32 or while serving in a
position of assistant adjutant general subordinate to such a position of
adjutant general, and the person has failed to complete three years of
service in that grade solely because the person's appointment to such
position has been terminated or vacated as described in section 324(b)
of such title, then such person may be credited with satisfactory
service in that grade, notwithstanding the failure to complete three
years of service in that grade.
``(D) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been recommended for
promotion in a report of a promotion board but before being promoted to
the recommended grade, served in a position for which that grade is the
minimum authorized grade may be credited for purposes of subparagraph
(A) as having served in that grade for the period for which the person
served in that position while in the next lower grade. The period
credited may not include any period before the date on which the Senate
provides advice and consent for the appointment of that person in the
recommended grade.
``(E) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been extended temporary
Federal recognition as a reserve officer of the Army National Guard in a
particular grade under section 308 of title 32 or temporary Federal
recognition as a reserve officer of the Air National Guard in a
particular grade under such section, served in a position for which that
grade is the minimum authorized grade may be credited for purposes of
subparagraph (A) as having served in that grade for the period for which
the person served in that position while extended the temporary Federal
recognition, but only if the person was subsequently extended permanent
Federal recognition as a reserve officer in that grade and also served
in that position after being extended the permanent Federal
recognition.''.
(b) Exception to Requirement for Retention of Reserve Officers Until
Completion of Required Service.--Section 12645(b)(2) of such title is
amended by inserting ``or a reserve active-status list'' after ``active-
duty list''.
(c) Technical Correction.--Section 14314(b)(2)(B) of such title is
amended by striking out ``of the Air Force''.
SEC. 545. REPORT ON NUMBER OF ADVISERS IN ACTIVE COMPONENT SUPPORT
OF RESERVES PILOT PROGRAM.
(a) Report on Number of Active Component Advisers.--Not later than
six months after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report setting forth the Secretary's determination as to the appropriate
number of active component personnel to be assigned to serve as advisers
to reserve components under section 414 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note).
If the Secretary's determination is that such number should be a number
other than the required minimum number in effect under subsection (c) of
such section, the Secretary shall include in the report an explanation
providing the Secretary's justification for the number recommended.
[[Page 110 STAT. 2524]]
(b) Technical Amendment.--Section 414(a) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note)
is amended by striking out ``During fiscal years 1992 and 1993, the
Secretary of the Army shall institute'' and inserting in lieu thereof
``The Secretary of the Army shall carry out''.
SEC. 546. SENSE OF CONGRESS AND REPORT REGARDING REEMPLOYMENT
RIGHTS FOR MOBILIZED RESERVISTS EMPLOYED
IN FOREIGN COUNTRIES.
(a) Sense of Congress.--Congress is concerned about the lack of
reemployment rights afforded Reserve component members who reside in
foreign countries and either work for United States companies that
maintain offices or operations in foreign countries or work for foreign
employers. Being outside the jurisdiction of the United States, these
employers are not subject to the provisions of chapter 43 of title 38,
United States Code, known as the Uniformed Services Employment and
Reemployment Rights Act (USERRA). The purpose of that Act is to provide
statutory employment protections that include reinstatement, seniority,
status, and rate of pay coverage for Reservists who are ordered to
active duty for a specified period of time, including involuntary active
duty in support of an operational contingency. While most Reserve
members are afforded the protections of that Act (which covers
reemployment rights in their civilian jobs upon completion of military
service), approximately 2,000 members of the Selected Reserve reside
outside the United States and its territories and, not being guaranteed
the job protection envisioned by the USERRA, are potentially subject to
reemployment problems after release from active duty. This situation
poses a continuing personnel management challenge for the reserve
components.
(b) Recognition of Problem.--Congress, while recognizing that
foreign governments and companies located abroad, not being within the
jurisdiction of the United States, cannot be required to comply with the
provisions of the Uniformed Services Employment and Reemployment Rights
Act, also recognizes that there is a need to provide assistance to
Reservists in the situation described in subsection (a), both in the
near term and the long term.
(c) Report Requirement.--Not later than April 1, 1997, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report that sets forth recommended actions to help alleviate
reemployment problems for Reservists who are employed outside the United
States and its territories by United States companies that maintain
offices or operations in foreign countries or by foreign employers. The
report shall include recommendations on the assistance and support that
may be required by other organizations of the Government, including the
Defense Attache Offices, the Department of Labor, and the Department of
State. The report shall be prepared in consultation with the Secretary
of State and the Secretary of Labor.
SEC. 547. PAYMENT OF PREMIUMS UNDER MOBILIZATION INCOME INSURANCE
PROGRAM.
Section 12527(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``of the Selected
Reserve'' after ``a member''; and
[[Page 110 STAT. 2525]]
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) <<NOTE: Regulations.>> The Secretary of Defense, in
consultation with the Secretary of Transportation, shall prescribe
regulations which specify the procedures for payment of premiums by
members of the Individual Ready Reserve and other members who do not
receive pay on a monthly basis.''.
Subtitle F--Officer Education Programs
SEC. 551. OVERSIGHT AND MANAGEMENT OF SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
(a) Enrollment Priority To Be Consistent With Purpose of Program.--
(1) Section 2103 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) An educational institution at which a unit of the program has
been established shall give priority for enrollment in the program to
students who are eligible for advanced training under section 2104 of
this title.''.
(2) Section 2109 of such title is amended by adding at the end the
following new subsection:
``(c)(1) A person who is not qualified for, and (as determined by
the Secretary concerned) will not be able to become qualified for,
advanced training by reason of one or more of the requirements
prescribed in paragraphs (1) through (3) of section 2104(b) of this
title shall not be permitted to participate in--
``(A) field training or a practice cruise under section
2106(b)(6) of this title; or
``(B) practical military training under subsection (a).
``(2) The Secretary of the military department concerned may waive
the limitation in paragraph (1) under procedures prescribed by the
Secretary. Such procedures shall ensure uniform application of
limitations and restrictions without regard to the reason for
disqualification for advanced training.''.
(b) Wear of the Military Uniform.--Section 772(h) of such title is
amended by inserting before the period at the end the following: ``if
the wear of such uniform is specifically authorized under regulations
prescribed by the Secretary of the military department concerned''.
SEC. 552. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET COMMAND
OR TERMINATION OF SENIOR ROTC UNITS
PENDING REPORT ON ROTC.
(a) <<NOTE: Reports.>> Prohibition.--(1) The Secretary of the Army
may not reorganize or restructure the Reserve Officers Training Corps
Cadet Command, and may not terminate any Senior Reserve Officer Training
Corps unit identified in the document referred to in paragraph (2),
until 180 days after the date on which the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives the report described in
subsection (b).
(2) The document referred to in paragraph (1) is the Department of
Defense document dated May 20, 1996, entitled ``Information for Members
of Congress concerning Senior Reserve Officer Training Corps (ROTC) Unit
Closures''.
[[Page 110 STAT. 2526]]
(b) Report Contents.--The report referred to in subsection (a) is a
report by the Secretary of the Army in which the Secretary--
(1) describes the selection process used to identify the
Reserve Officer Training Corps units of the Army to be
terminated;
(2) lists the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) sets forth the specific ranking of each unit of the
Reserve Officer Training Corps of the Army to be terminated as
against all other such units;
(4) sets forth the authorized and actual cadre staffing of
each such unit for each fiscal year of the 10-fiscal year period
ending with fiscal year 1996;
(5) sets forth the production goals and performance
evaluations of each such unit for each fiscal year of the 10-
fiscal year period ending with fiscal year 1996;
(6) describes how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the
closure of such units;
(7) describes the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the colleges
on the closure list;
(8) includes the projected officer accession plan by source
of commission for the active-duty Army, the Army Reserve, and
the Army National Guard; and
(9) describes whether the closure of any ROTC unit will
adversely affect the recruitment of minority officer candidates.
SEC. 553. PILOT PROGRAM TO TEST EXPANSION OF ROTC PROGRAM TO
INCLUDE GRADUATE STUDENTS.
(a) Test Program.--Section 2107(c) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) The Secretary of Defense shall authorize the Secretaries of
the military departments to carry out a test program to determine the
desirability of enabling graduate students to participate in the
financial assistance program under this section. As part of such test
program, the Secretary of a military department may provide financial
assistance, as described in paragraph (1), to a student enrolled in an
advanced education program beyond the baccalaureate degree level if the
student also is a cadet or midshipman in an advanced training program.
Not more than 15 percent of the total number of scholarships awarded
under this section in any year may be awarded under the test program. No
scholarship may be awarded under the test program after September 30,
1999.''.
(b) Authority To Enroll in Advanced Training Program.--Paragraph (3)
of section 2101 of title 10, United States Code, is amended by inserting
``students enrolled in an advanced education program beyond the
baccalaureate degree level or to'' after `instruction offered in the
Senior Reserve Officers' Training Corps to''.
(c) <<NOTE: 10 USC 2107 note.>> Report to Congress.--Not later than
December 31, 1998, the Secretary of Defense shall submit to Congress a
report on the experience to that date under the test program authorized
under the amendment made by subsection (a)(2). The report shall include
the Secretary's assessment of the effect of the test program
[[Page 110 STAT. 2527]]
on the Senior ROTC program and the Secretary's recommendation as to
whether the authority under the test program should be made permanent.
SEC. 554. <<NOTE: 10 USC 2111 note.>> DEMONSTRATION PROJECT FOR
INSTRUCTION AND SUPPORT OF ARMY ROTC UNITS
BY MEMBERS OF THE ARMY RESERVE AND
NATIONAL GUARD.
(a) Demonstration Project Required.--The Secretary of the Army shall
carry out a demonstration project in order to assess the feasibility and
advisability of providing instruction and similar support to units of
the Senior Reserve Officers' Training Corps of the Army through members
of the Army Reserve (including members of the Individual Ready Reserve)
and members of the Army National Guard.
(b) Project Requirements.--(1) The Secretary shall carry out the
demonstration project at at least one institution of higher education.
(2) In order to enhance the value of the project, the Secretary may
take actions to ensure that members of the Army Reserve and the Army
National Guard provide instruction and support under the project in a
variety of innovative ways.
(c) Inapplicability of Limitation on Reserves in Support of ROTC.--
The assignment of a member of the Army Reserve or the Army National
Guard to provide instruction or support under the demonstration project
shall not be treated as an assignment of the member to duty with a unit
of a Reserve Officer Training Corps program for purposes of section
12321 of title 10, United States Code.
(d) Reports to Congress.--Not later than February 1 in each of 1998
and 1999, the Secretary shall submit to Congress a report assessing the
activities under the demonstration project during the preceding year.
The report submitted in 1999 shall include the Secretary's
recommendation as to the advisability of continuing or expanding the
authority for the project.
(e) Termination.--The authority of the Secretary to carry out the
demonstration project shall expire three years after the date of the
enactment of this Act.
SEC. 555. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT AS A CADET OR
MIDSHIPMAN IN THE SENIOR RESERVE OFFICERS'
TRAINING CORPS AND THE SERVICE ACADEMIES.
(a) Senior Reserve Officers' Training Corps.--Sections 2107(a) and
2107a(a) of title 10, United States Code, are amended--
(1) by striking out ``25 years of age'' and inserting in
lieu thereof ``27 years of age''; and
(2) by striking out ``29 years of age'' and inserting in
lieu thereof ``30 years of age''.
(b) United States Military Academy.--Section 4346(a) of such title
is amended by striking out ``twenty-second birthday'' and inserting in
lieu thereof ``twenty-third birthday''.
(c) United States Naval Academy.--Section 6958(a)(1) of such title
is amended by striking out ``twenty-second birthday'' and inserting in
lieu thereof ``twenty-third birthday''.
(d) United States Air Force Academy.--Section 9346(a) of such title
is amended by striking out ``twenty-second birthday'' and inserting in
lieu thereof ``twenty-third birthday''.
[[Page 110 STAT. 2528]]
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION BENEFITS TO
INCLUDE CERTAIN RESERVE OFFICERS' TRAINING
CORPS (ROTC) PARTICIPANTS.
(a) Active Duty Service.--Section 3011(c) of title 38, United States
Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section if the individual
enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
(b) Selected Reserve.--Section 3012(d) of title 38, United States
Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section if the individual
enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND POLICY
IMPLICATIONS OF PERMITTING UP TO FIVE
PERCENT OF SERVICE ACADEMY GRADUATES TO BE
ASSIGNED DIRECTLY TO RESERVE DUTY UPON
GRADUATION.
(a) Report Required.--The Comptroller General of the United States
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
providing an analysis of the cost implications, and the policy
implications, of permitting up to five percent of each graduating class
of each of the service academies to be placed, upon graduation and
commissioning, in an active status in the appropriate reserve component
(without a minimum period of obligated active duty service), with a
corresponding increase in the number of ROTC graduates each year who are
permitted to serve on active duty upon commissioning.
(b) Information on Current Academy Graduates in Reserve
Components.--The Comptroller General shall include in the report
information (shown in the aggregate and separately for each of the Armed
Forces and for graduates of each service academy) on--
(1) the number of academy graduates who at the time of the
report are serving in an active status in a reserve component;
and
[[Page 110 STAT. 2529]]
(2) within the number under paragraph (1), the number for
each reserve component and, of those, the number within each
reserve component who are on active duty under section 12301(d)
of title 10, United States Code, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components.
(c) Submission of Report.--The report shall be submitted not later
than six months after the date of the enactment of this Act.
(d) Service Academies.--For purposes of this section, the term
``service academies'' means--
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
Subtitle G--Decorations and Awards
SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN AFRICAN
AMERICAN SOLDIERS WHO SERVED DURING WORLD
WAR II.
(a) Inapplicability of Time Limitations.--Notwithstanding the time
limitations in section 3744(b) of title 10, United States Code, or any
other time limitation, the President may award the Medal of Honor to the
persons specified in subsection (b), each of whom has been found by the
Secretary of the Army to have distinguished himself conspicuously by
gallantry and intrepidity at the risk of his life above and beyond the
call of duty while serving in the United States Army during World War
II.
(b) Persons Eligible To Receive the Medal of Honor.--The persons
referred to in subsection (a) are the following:
(1) <<NOTE: Vernon J. Baker.>> Vernon J. Baker, who served
as a first lieutenant in the 370th Infantry Regiment, 92nd
Infantry Division.
(2) <<NOTE: Edward A. Carter.>> Edward A. Carter, who
served as a staff sergeant in the 56th Armored Infantry
Battalion, Twelfth Armored
Division.
(3) <<NOTE: John R. Fox.>> John R. Fox, who served as a
first lieutenant in the 366th Infantry Regiment, 92nd Infantry
Division.
(4) <<NOTE: Willy F. James, Jr.>> Willy F. James, Jr., who
served as a private first class in the 413th Infantry Regiment,
104th Infantry Division.
(5) <<NOTE: Ruben Rivers.>> Ruben Rivers, who served as a
staff sergeant in the 761st Tank Battalion.
(6) <<NOTE: Charles L. Thomas.>> Charles L. Thomas, who
served as a first lieutenant in the 614th Tank Destroyer
Battalion.
(7) <<NOTE: George Watson.>> George Watson, who served as a
private in the 29th Quartermaster Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded under this
section posthumously, as provided in section 3752 of title 10, United
States Code.
(d) Prior Award.--The Medal of Honor may be awarded under this
section for service for which a Distinguished-Service Cross, or other
award, has been awarded.
SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established by law or
policy for the time within which a recommendation
[[Page 110 STAT. 2530]]
for the award of a military decoration or award must be submitted shall
not apply in the case of awards of decorations as described in
subsection (b), the award of each such decoration having been determined
by the Secretary of the Navy to be warranted in accordance with section
1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to awards of
the Distinguished Flying Cross for service during World War II as
follows:
(1) First award.--First award, for completion of at least 20
qualifying combat missions, to the following members and former
members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Travis C. Cork of Leesburg, Florida.
Herman C. Edwards of Johns Island, South Carolina.
Norman J. Ehr of Kiel, Wisconsin.
James M. Fitzgerald of Anchorage, Alaska.
Raymond C. Gordon of Sherborn, Massachusetts.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Stanley J. Ksiadz of Cheektowaga, New York.
Otis Lancaster of Wyoming, Michigan.
Robert W. Lorette of Wilton, New Hampshire.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron,
New York.
The late Edward J. Naparkowsky, formerly of
Hartford, Connecticut.
Pete G. Nicora of Warren, Ohio.
Stanley J. Orlowski of Jackson, Michigan.
Raymond A. Peischl of Allentown, Pennsylvania.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Richard F. Shumaker of Hilliard, Ohio.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
(2) Second award.--Second award, for completion of at least
40 qualifying combat missions, to the following members and
former members of the Armed Forces:
Arthur C. Adair of Grants Pass, Oregon.
Robert B. Carnes of West Yarmouth, Massachusetts.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Ralph J. Deceuster of Dover, Ohio.
Albert P. Emsley of Bothell, Washington.
Urbain J. Fournier of Houma, Louisiana.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
[[Page 110 STAT. 2531]]
Warren E. Johnson of Vista, California.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Shefield Phelps of Seattle, Washington.
John B. Tagliapiri of St. Helena, California.
Dewilles A.H.W. Schwartz of Watertown, South Dakota.
Ray B. Stiltner of Centralia, Washington.
(3) Third award.--Third award, for completion of at least 60
qualifying combat missions, to the following members and former
members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
David Mendoza of McAllen, Texas.
William A. Nickerson of Portland, Oregon.
Maurice F. Smith of Sequim, Washington.
(4) Fourth award.--Fourth award, for completion of at least
80 qualifying combat missions, to the following members and
former members of the Armed Forces:
Robert Bair of Ontario, California.
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Orville R. Swick of Issaquah, Washington.
(5) Fifth award.--Fifth award, for completion of at least
100 qualifying combat missions, to the following members and
former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs, Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) Sixth award.--Sixth award, for completion of at least
120 qualifying combat missions, to Richard L. Murray of Dallas,
Texas.
SEC. 563. REPLACEMENT OF CERTAIN AMERICAN THEATER CAMPAIGN
RIBBONS.
(a) Replacement Ribbons.--The Secretary of the Army, pursuant to
section 3751 of title 10, United States Code, may replace any World War
II decoration known as the American Theater Campaign Ribbon that was
awarded to a person listed in the order described in subsection (b).
(b) Ribbons Properly Awarded.--Any person listed in the document
titled ``General Order Number 1'', issued by the Third Auxiliary
Surgical Group, APO 647, United States Army, dated February 1, 1943,
shall be considered to have been properly awarded the American Theater
Campaign Ribbon for service during World War II.
[[Page 110 STAT. 2532]]
Subtitle H--Other Matters
SEC. 571. <<NOTE: 10 USC 113 note.>> HATE CRIMES IN THE MILITARY.
(a) Human Relations Training.--(1) The Secretary of Defense shall
ensure that the Secretary of each military department conducts ongoing
programs for human relations training for all members of the Armed
Forces under the jurisdiction of the Secretary. Matters to be covered by
such training include race relations, equal opportunity, opposition to
gender discrimination, and sensitivity to ``hate group'' activity. Such
training shall be provided during basic training (or other initial
military training) and on a regular basis thereafter.
(2) The Secretary of Defense shall also ensure that unit commanders
are aware of their responsibilities in ensuring that impermissible
activity based upon discriminatory motives does not occur in units under
their command.
(b) Information To Be Provided to Prospective Recruits.--The
Secretary of Defense shall ensure that each individual preparing to
enter an officer accession program or to execute an original enlistment
agreement is provided information concerning the meaning of the oath of
office or oath of enlistment for service in the Armed Forces in terms of
the equal protection and civil liberties guarantees of the Constitution,
and each such individual shall be informed that if supporting those
guarantees is not possible personally for that individual, then that
individual should decline to enter the Armed Forces.
(c) Annual Survey.--(1) Section 451 of title 10, United States Code,
is amended to read as follows:
``Sec. 451. Race relations, gender discrimination, and hate group
activity: annual survey and report
``(a) Annual Survey.--The Secretary of Defense shall carry out an
annual survey to measure the state of racial, ethnic, and gender issues
and discrimination among members of the Armed Forces serving on active
duty and the extent (if any) of activity among such members that may be
seen as so-called `hate group' activity. The survey shall solicit
information on the
race relations and gender relations climate in the Armed Forces,
including--
``(1) indicators of positive and negative trends of
relations among all racial and ethnic groups and between the
sexes;
``(2) the effectiveness of Department of Defense policies
designed to improve race, ethnic, and gender relations; and
``(3) the effectiveness of current processes for complaints
on and investigations into racial, ethnic, and gender
discrimination.
``(b) Implementing Entity.--The Secretary shall carry out each
annual survey through the entity in the Department of Defense known as
the Armed Forces Survey on Race/Ethnic Issues.
``(c) Reports to Congress.--Upon completion of each annual survey
under subsection (a), the Secretary shall submit to Congress a report
containing the results of the survey.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 22 of such title is amended to read as follows:
``451. Race relations, gender discrimination, and hate group activity:
annual survey and report.''.
[[Page 110 STAT. 2533]]
SEC. 572. DISABILITY COVERAGE FOR MEMBERS GRANTED EXCESS LEAVE FOR
EDUCATIONAL OR EMERGENCY PURPOSES.
(a) Eligibility for Retirement.--Section 1201 of title 10, United
States Code, is amended--
(1) by striking out the matter preceding paragraph (1) and
inserting in lieu thereof the following:
``(a) Retirement.--Upon a determination by the Secretary concerned
that a member described in subsection (c) is unfit to perform the duties
of the member's office, grade, rank, or rating because of physical
disability incurred while entitled to basic pay or while absent as
described in subsection (c)(3), the Secretary may retire the member,
with retired pay computed under section 1401 of this title, if the
Secretary also makes the determinations with respect to the member and
that disability specified in subsection (b).
``(b) Required Determinations of Disability.--Determinations
referred to in subsection (a) are determinations by the Secretary that--
''; and
(2) by adding at the end the following:
``(c) Eligible Members.--This section and sections 1202 and 1203 of
this title apply to the following members:
``(1) A member of a regular component of the armed forces
entitled to basic pay.
``(2) Any other member of the armed forces entitled to basic
pay who has been called or ordered to active duty (other than
for training under section 10148(a) of this title) for a period
of more than 30 days.
``(3) Any other member of the armed forces who is on active
duty but is not entitled to basic pay by reason of section
502(b) of title 37 due to authorized absence (A) to participate
in an educational program, or (B) for an emergency purpose, as
determined by the Secretary concerned.''.
(b) Eligibility for Placement on Temporary Disability Retirement
List.--Section 1202 of title 10, United States Code, is amended by
striking out ``a member of a regular component'' and all that follows
through ``more than 30 days,'' and inserting in lieu thereof ``a member
described in section 1201(c) of this title''.
(c) Eligibility for Separation.--Section 1203 of title 10, United
States Code, is amended by striking out the matter preceding paragraph
(1) and inserting in lieu thereof the following:
``(a) Separation.--Upon a determination by the Secretary concerned
that a member described in section 1201(c) of this title is unfit to
perform the duties of the member's office, grade, rank, or rating
because of physical disability incurred while entitled to basic pay or
while absent as described in section 1201(c)(3) of this title, the
member may be separated from the member's armed force, with severance
pay computed under section 1212 of this title, if the Secretary also
makes the determinations with respect to the member and that disability
specified in subsection (b).
``(b) Required Determinations of Disability.--Determinations
referred to in subsection (a) are determinations by the Secretary that--
''.
(d) <<NOTE: Applicability. 10 USC 1201 note.>> Effective Date.--The
amendments made by this section shall take effect on the date of the
enactment of this Act
and shall apply with respect to physical disabilities incurred on or
after such date.
[[Page 110 STAT. 2534]]
SEC. 573. CLARIFICATION OF AUTHORITY OF A RESERVE JUDGE ADVOCATE
TO ACT AS A MILITARY NOTARY PUBLIC WHEN
NOT IN A DUTY STATUS.
Section 1044a(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``on active duty or
performing inactive-duty training'' and inserting in lieu
thereof ``, including reserve judge advocates when not in a duty
status'';
(2) in paragraph (3), by striking out ``adjutants on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``adjutants, including reserve members when not in
a duty status''; and
(3) in paragraph (4), by striking out ``persons on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``members of the armed forces, including reserve
members when not in a duty status,''.
SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE NATIONAL
GUARD WHEN NOT IN FEDERAL SERVICE.
(a) Establishment.--The Secretary of Defense shall establish a panel
to review the various authorities for court-martial and nonjudicial
punishment jurisdiction for the National Guard not in Federal service
and the use of those authorities.
(b) Membership.--The Secretary shall appoint the members of the
panel so as to ensure representation of the following:
(1) The State Adjutants General of the National Guard.
(2) The State Attorneys General.
(3) The Joint Service Committee on Military Justice of the
Department of Defense.
(c) Duties.--Matters reviewed by the panel shall include the
following:
(1) The extent of the use of court-martial and nonjudicial
punishment authority for the National Guard not in Federal
service.
(2) The extent to which the authority used is--
(A) authority under title 32, United States Code; or
(B) authority under State law.
(d) Report.--(1) Not later than February 1, 1997, the panel shall
submit a report on the panel's findings and conclusions to the Secretary
of Defense.
(2) The report shall include recommended legislation for amending
title 32, United States Code--
(A) to increase the uniformity in State use of courts-
martial and nonjudicial punishment for the National Guard when
not in Federal service; and
(B) to achieve increased comparability between the court-
martial and nonjudicial punishment procedures that are
applicable to the National Guard not in Federal service and the
court-martial and nonjudicial punishment procedures that are
applicable under the Uniform Code of Military Justice to the
National Guard in Federal service.
(e) Submission of Report to Congress.--Not later than March 1, 1997,
the Secretary of Defense shall submit to Congress the report of the
panel under subsection (d) together with the views of the Secretary
regarding the report and the matters covered in the report.
[[Page 110 STAT. 2535]]
SEC. 575. AUTHORITY TO EXPAND LAW ENFORCEMENT PLACEMENT PROGRAM TO
INCLUDE FIREFIGHTERS.
Section 1152(g) of title 10, United States Code, is amended--
(1) by striking out ``(g) Conditional Expansion of Placement
to Include Firefighters.--(1) Subject to paragraph (2), the''
and inserting in lieu thereof ``(g) Authority To Expand
Placement To Include Firefighters.--The''; and
(2) in paragraph (2)--
(A) by striking out the first sentence; and
(B) in the second sentence, by inserting
``authorized by this subsection'' after ``expansion''.
SEC. 576. IMPROVEMENTS TO PROGRAM TO ASSIST SEPARATED MILITARY AND
CIVILIAN PERSONNEL TO OBTAIN EMPLOYMENT AS
TEACHERS OR TEACHERS' AIDES.
(a) Program for Separated Members.--(1) Section 1151 of title 10,
United States Code, is amended--
(A) in subsection (f)(2), by striking out ``five school
years'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``two school years''; and
(B) in subsection (h)(3)(A), by striking out ``five
consecutive school years'' and inserting in lieu thereof ``two
consecutive school years''.
(2) Subsection (g)(2) of such section is amended--
(A) by striking out the comma after ``section 1174a of this
title'' and inserting in lieu thereof ``or''; and
(B) by striking out ``, or retires pursuant to the authority
provided in section 4403 of the National Defense Authorization
Act for fiscal year 1993 (Public Law 102-484; 10 U.S.C. 1293
note)''.
(3) Subsection (h)(3)(B) of such section is amended--
(A) in clause (i), by striking out ``$25,000'' and inserting
in lieu thereof ``$17,000'';
(B) in clause (ii)--
(i) by striking out ``40 percent'' and inserting in
lieu thereof ``25 percent''; and
(ii) by striking out ``$10,000'' and inserting in
lieu thereof ``$8,000''; and
(C) by striking out clauses (iii), (iv), and (v).
(b) Separated Civilian Employees of the Department of Defense.--
Section 1598(d)(2) of such title is amended by striking out ``five
school years'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``two school years''.
(c) Displaced Department of Defense Contractor Employees.--Section
2410j(f)(2) of such title is amended by striking out ``five school
years'' in subparagraphs (A) and (B) and inserting in lieu thereof ``two
school years''.
(d) <<NOTE: 10 USC 1151 note.>> Savings Provision.--The amendments
made by this section do not affect obligations under agreements entered
into in accordance with section 1151, 1598, or 2410j of title 10, United
States Code, before the date of the enactment of this Act.
[[Page 110 STAT. 2536]]
SEC. 577. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION WHEN
A PHYSICAL DISABILITY IS FOUND AT ANY
PHYSICAL EXAMINATION.
Section 1372 of title 10, United States Code, is amended by striking
out ``his physical examination for promotion'' in paragraphs (3) and (4)
and inserting in lieu thereof ``a physical examination''.
SEC. 578. REVISIONS TO MISSING PERSONS AUTHORITIES.
(a) Repeal of Applicability of Authorities to Department of Defense
Civilian Employees and Contractor Employees.--(1) Section 1501 of title
10, United States Code, is amended--
(A) in subsection (c)--
(i) by striking out ``applies in the case of'' and
all that follows through ``(1) Any member'' and
inserting in lieu thereof ``applies in the case of any
member''; and
(ii) by striking out paragraph (2); and
(B) by striking out subsection (f).
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one individual
described in paragraph (2)'' and inserting in lieu thereof ``one
military officer'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(3) Section 1504(d) of such title is amended--
(A) by striking out the text of paragraph (1) and inserting
in lieu thereof the following new text: ``A board appointed
under this section shall be composed of at least three members
who are officers having the grade of major or lieutenant
commander or above.''; and
(B) in paragraph (4), by striking out ``section 1503(c)(4)''
and inserting in lieu thereof ``section 1503(c)(3)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means a member of the armed
forces on active duty who is in a missing status.''.
(b) Report on Preliminary Assessment of Status.--(1) Section 1502 of
such title is amended--
(A) in subsection (a)(2)--
(i) by striking out ``48 hours'' and inserting in
lieu thereof ``10 days''; and
(ii) by striking out ``theater component commander
with jurisdiction over the missing person'' and
inserting in lieu thereof ``Secretary concerned'';
(B) by striking out subsection (b);
(C) by redesignating subsection (c) as subsection (b); and
(D) in subsection (b), as so redesignated, by striking out
the second sentence.
(2) Section 1503(a) of such title is amended by striking out
``section 1502(b)'' and inserting in lieu thereof ``section 1502(a)''.
(3) Section 1513 of such title is amended by striking out paragraph
(8).
(c) Frequency of Subsequent Reviews.--Subsection (b) of section 1505
of such title is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--The Secretary concerned
shall conduct inquiries into the whereabouts and status of a person
under subsection (a) upon receipt of information that
[[Page 110 STAT. 2537]]
may result in a change of status of the person. The Secretary concerned
shall appoint a board to conduct such inquiries.''.
(d) Repeal of Statutory Penalties for Wrongful Withholding of
Information.--Section 1506 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended by striking out paragraphs (3)
and (4).
(f) Scope of Preenactment Review.--(1) Section 1509 of such title is
amended--
(A) by striking out subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2)(A) The heading of such section is amended by striking out ``,
special interest''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 76 of such title is amended by striking out ``,
special interest''.
Subtitle I--Commissioned Corps of the Public Health Service
SEC. 581. APPLICABILITY TO PUBLIC HEALTH SERVICE OF PROHIBITION ON
CREDITING CADET OR MIDSHIPMEN SERVICE AT
THE SERVICE ACADEMIES.
(a) Prohibition on Counting Enlisted Service Performed While at
Service Academy.--Subsection (a) of section 971 of title 10, United
States Code, is amended by inserting before the period at the end the
following: ``or an officer in the Commissioned Corps of the Public
Health Service''.
(b) Prohibition on Counting Service as a Cadet or Midshipman.--
Subsection (b) of such section is amended to read as follows:
``(b) Prohibition on Counting Service as a Cadet or Midshipman.--In
computing length of service for any purpose, service as a cadet or
midshipman may not be credited to any of the following officers:
``(1) An officer of the Navy or Marine Corps.
``(2) A commissioned officer of the Army or Air Force.
``(3) An officer of the Coast Guard.
``(4) An officer in the commissioned corps of the Public
Health Service.''.
(c) Technical Amendments.--(1) Such section is further amended by
adding at the end the following new subsection:
``(c) Service as a Cadet or Midshipman Defined.--In this section,
the term `service as a cadet or midshipman' means--
``(1) service as a cadet at the United States Military
Academy, United States Air Force Academy, or United States Coast
Guard Academy; or
``(2) service as a midshipman at the United States Naval
Academy.''.
(2) Subsection (a) of such section is further amended--
(A) by inserting ``Prohibition on Counting Enlisted Service
Performed While at Service Academy or in Naval Reserve.--''
after ``(a)''; and
[[Page 110 STAT. 2538]]
(B) by striking out ``while also serving'' and all that
follows through ``Naval Academy or'' and inserting in lieu
thereof ``while also performing service as a cadet or midshipman
or serving as a midshipman''.
(3) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 49 of such
title, are amended by striking out the seventh word.
SEC. 582. EXCEPTION TO STRENGTH LIMITATIONS FOR PUBLIC HEALTH
SERVICE OFFICERS ASSIGNED TO THE
DEPARTMENT OF DEFENSE.
Section 206 of the Public Health Service Act (42 U.S.C. 207) is
amended by adding at the end the following new subsection:
``(f) In computing the maximum number of commissioned officers of
the Public Health Service authorized by law or administrative
determination to serve on active duty, there may be excluded from such
computation officers who are assigned to duty in the Department of
Defense.''.
SEC. 583. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO PUBLIC HEALTH
SERVICE OFFICERS.
(a) Legal Assistance Available.--Subsection (a) of section 1044 of
title 10, United States Code, is amended by striking out paragraph (3)
and inserting in lieu thereof the following:
``(3) Officers of the commissioned corps of the Public
Health Service who are on active duty or entitled to retired or
equivalent pay.
``(4) Dependents of members and former members described in
paragraphs (1), (2), and (3).''.
(b) Limitation on Assistance.--Subsection (c) of such section is
amended--
(1) by striking out ``armed forces'' and inserting in lieu
thereof ``uniformed services described in subsection (a)''; and
(2) by inserting ``such'' after ``dependent of''.
(c) Clarifying Amendments.--Subsection (a) of such section is
further amended by striking out ``under his jurisdiction'' in paragraphs
(1) and (2).
(d) Stylistic Amendments.--Subsection (a) of such section is further
amended--
(1) in the matter preceding paragraph (1), by striking out
``to--'' and inserting in lieu thereof ``to the following
persons:'';
(2) by capitalizing the first letter of the first word of
paragraphs (1) and (2);
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
[[Page 110 STAT. 2539]]
Sec. 605. Uniform applicability of discretion to deny an election not to
occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for Reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and
National Oceanic and Atmospheric Administration
officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed 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. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay
cost-of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement
annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through
private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from
certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of
war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> MILITARY PAY RAISE FOR FISCAL
YEAR 1997.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1997 shall not be made.
(b) <<NOTE: Effective date.>> Increase in Basic Pay and BAS.--
Effective on January 1, 1997, the rates of basic pay and basic allowance
for subsistence of members of the uniformed services are increased by
3.0 percent.
[[Page 110 STAT. 2540]]
(c) <<NOTE: Effective date.>> Increase in BAQ.--Effective on
January 1, 1997, the rates of basic allowance for quarters of members of
the uniformed services are increased by 4.6 percent.
SEC. 602. ADJUSTMENT OF RATE OF CADET AND MIDSHIPMAN PAY.
Section 203(c) of title 37, United States Code, is amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ``(1)''.
SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE
HOSPITALIZED.
(a) Pay During Hospitalization.--Section 210 of title 37, United
States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) A noncommissioned officer of an armed force who is
hospitalized and who, during or immediately before such hospitalization,
completed service as the senior enlisted member of that armed force,
shall continue to be entitled, for not more than 180 days while so
hospitalized, to the rate of basic pay authorized for the senior
enlisted member of that armed force.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 210. Pay of senior enlisted members during terminal leave and
while hospitalized''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 3 of title 37, United States Code, is amended
to read as follows:
``210. Pay of senior enlisted members during terminal leave and while
hospitalized.''.
SEC. 604. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN
MEMBERS WITHOUT DEPENDENTS WHO SERVE ON SEA DUTY.
(a) Entitlement of Single Members Above Grade E-5.--Section
403(c)(2) of title 37, United States Code, is amended--
(1) by striking out ``A member'' in the first sentence and
inserting in lieu thereof ``(A) Except as provided in
subparagraphs (B) and (C), a member''; and
(2) by striking out the second sentence.
(b) Entitlement of Certain Single Members in Grade
E-5.--Such section is further amended by adding at the end the following
new subparagraph:
``(B) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary concerned, the Secretary may authorize the payment of a basic
allowance for quarters to a member of a uniformed service without
dependents who is serving in pay grade E-5 and is assigned to sea duty.
In prescribing regulations under this subparagraph, the Secretary
concerned shall consider the availability of quarters for members
serving in pay grade E-5.''.
(c) Entitlement When Both Spouses in Grades Below Grade E-6 Are
Assigned to Sea Duty.--Such section is further amended by inserting
after subparagraph (B), as added by subsection (b), the following new
subparagraph:
``(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade
[[Page 110 STAT. 2541]]
E-6 who are married to each other, have no other dependents, and are
simultaneously assigned to sea duty are jointly entitled to one basic
allowance for quarters during the period of such simultaneous sea duty.
The amount of the allowance shall be based on the without dependents
rate for the pay grade of the senior member of the couple. However, this
subparagraph shall not apply to a couple if one or both of the members
are entitled to a basic allowance for quarters under subparagraph
(B).''.
(d) Conforming Amendment Regarding Variable Housing Allowance.--
Section 403a(b)(2)(C) of title 37, United States Code, is amended by
striking out ``E-6'' and inserting in lieu thereof ``E-4''.
(e) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendments made
by this section shall take effect on July 1, 1997.
SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO DENY AN ELECTION
NOT TO OCCUPY GOVERNMENT QUARTERS.
Section 403(b)(3) of title 37, United States Code, is amended by
striking out ``A member'' and inserting in lieu thereof ``Subject to the
provisions of subsection (j), a member''.
SEC. 606. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARIABLE
HOUSING ALLOWANCE FOR HIGH HOUSING COST
AREAS.
(a) Minimum Monthly Amount of Allowance.--Subsection (c) of section
403a of title 37, United States Code, is amended by striking out
paragraph (1) and inserting in lieu thereof the following new paragraph:
``(1) The monthly amount of a variable housing allowance under this
section for a member of a uniformed service with respect to an area is
equal to the greater of the following amounts:
``(A) An amount equal to the difference between--
``(i) the median monthly cost of housing in that
area for members of the uniformed services serving in
the same pay grade and with the same dependency status
as that member; and
``(ii) 80 percent of the median monthly cost of
housing in the United States for members of the
uniformed services serving in the same pay grade and
with the same dependency status as that member.
``(B) An amount equal to the difference between--
``(i) the adequate housing allowance floor
determined by the Secretary of Defense for all members
of the uniformed services in that area entitled to a
variable housing allowance under this section; and
``(ii) the monthly basic allowance for quarters for
members of the uniformed services serving in the same
pay grade and with the same dependency status as that
member.''.
(b) Adequate Housing Allowance Floor.--Such subsection is further
amended by adding at the end the following new paragraph:
``(7)(A) For purposes of paragraph (1)(B)(i), the Secretary of
Defense shall establish an adequate housing allowance floor for members
of the uniformed services in an area as a selected percentage, not to
exceed 85 percent, of the cost of adequate housing in that area based on
an index of housing costs selected by the Secretary of Defense from
among the following:
[[Page 110 STAT. 2542]]
``(i) The fair market rentals established annually by the
Secretary of Housing and Urban Development under section 8(c)(1)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)(1)).
``(ii) An index developed in the private sector that the
Secretary of Defense determines is comparable to the fair market
rentals referred to in clause (i) and is appropriate for use to
determine the adequate housing allowance floor.
``(B) The Secretary of Defense shall carry out this paragraph in
consultation with the Secretary of Transportation, the Secretary of
Commerce, and the Secretary of Health and Human Services.''.
(c) Effect on Total Amount Available for Allowance.--Subsection
(d)(3) of such section is amended in the second sentence by striking out
``the second sentence of subsection (c)(3)'' and inserting in lieu
thereof ``paragraph (1)(B) of subsection (c) and the second sentence of
paragraph (3) of that subsection''.
(d) Conforming Amendments.--Subsection (c) of such section is
further amended--
(1) in paragraph (3), by striking out ``this subsection'' in
the first sentence and inserting in lieu thereof ``paragraph
(1)(A) or the minimum amount of a variable housing allowance
under paragraph (1)(B)''; and
(2) in paragraph (5), by inserting ``or minimum amount of a
variable housing allowance'' after ``costs of housing''.
(e) <<NOTE: Federal Register, publication. 37 USC 403a note.>>
Effective Date.--The amendments made by this section shall take effect
on January 1, 1997, except that the Secretary of Defense may delay
implementation of the requirements imposed by the amendments to such
later date as the Secretary considers appropriate upon publication of
notice to that effect in the Federal Register.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPARATED BY
MILITARY ORDERS FROM SPOUSES WHO ARE
MEMBERS.
(a) Additional Basis for Allowance.--Paragraph (1) of section 427(b)
of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) the member is married to a member of a uniformed
service, the member has no dependent other than the spouse, the
two members are separated by reason of the execution of military
orders, and the two members were residing together immediately
before being separated by reason of execution of military
orders.''.
(b) Conforming Amendment.--Such section is further
amended by adding at the end the following new paragraph:
``(5) Section 421 of this title does not apply to bar an entitlement
to an allowance under paragraph (1)(D). However, not more than one
monthly allowance may be paid with respect to a married couple under
paragraph (1)(D) for any month.''.
SEC. 608. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND
ALLOWANCES.
Section 3702 of title 31, United States Code, is amended by adding
at the end the following new subsection:
[[Page 110 STAT. 2543]]
``(e)(1) Upon the request of the Secretary concerned (as defined in
section 101 of title 37, United States Code), the Comptroller General
may waive the time limitations set forth in subsection (b) or (c) in the
case of a claim for pay or allowances provided under title 37 and,
subject to paragraph (2), settle the claim.
``(2) Payment of a claim settled under paragraph (1) shall be
subject to the availability of appropriations for payment of that
particular claim.
``(3) This subsection does not apply to a claim in excess of
$25,000.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health Specialists.--
Section 302g(f) of title 37, United States Code, is amended by striking
out ``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
(g) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1997'' and inserting in lieu thereof ``September 30, 1998''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
[[Page 110 STAT. 2544]]
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, are each amended by striking
out ``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
(d) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of title
37, United States Code, is amended by striking out ``October 1, 1997''
and inserting in lieu thereof ``October 1, 1998''.
(g) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10, United
States Code, is amended by striking out ``October 1, 1997'' and
inserting in lieu thereof ``October 1, 1998''.
SEC. 614. SPECIAL PAY FOR CERTAIN PUBLIC HEALTH SERVICE
OFFICERS.
(a) Optometrists.--Section 302a(b) of title 37, United States Code,
is amended--
(1) in paragraph (2)--
(A) by striking out ``an armed force'' in the matter
preceding subparagraph (A) and inserting in lieu thereof
``a uniformed service''; and
(B) by striking out ``of the military department''
in subparagraph (C); and
(2) in paragraph (4), by striking out ``of the military
department''.
(b) Nonphysician Health Care Providers.--Section 302c(d) of title
37, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``Secretary of Defense'' and inserting in lieu thereof
``Secretary concerned''; and
(2) in paragraph (1)--
(A) by striking out ``or'' the third place it
appears; and
(B) by inserting before the period at the end the
following: ``, or an officer in the Regular or Reserve
Corps of the Public Health Service''.
[[Page 110 STAT. 2545]]
SEC. 615. SPECIAL INCENTIVES TO RECRUIT AND RETAIN DENTAL
OFFICERS.
(a) Variable, Additional, and Board Certified Special Pays for
Active Duty Dental Officers.--Section 302b(a) of title 37, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking out ``$1,200''
and inserting in lieu thereof ``$3,000'';
(B) in subparagraph (B), by striking out ``$2,000''
and inserting in lieu thereof ``$7,000''; and
(C) in subparagraph (C), by striking out ``$4,000''
and inserting in lieu thereof ``$7,000'';
(2) in paragraph (4), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $4,000 per year, if the officer has less than three
years of creditable service.
``(B) $6,000 per year, if the officer has at least three but
less than 14 years of creditable service.
``(C) $8,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(D) $10,000 per year, if the officer has at least 18 or
more years of creditable service.''; and
(3) in paragraph (5), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $2,500 per year, if the officer has less than 10 years
of creditable service.
``(B) $3,500 per year, if the officer has at least 10 but
less than 12 years of creditable service.
``(C) $4,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(D) $5,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(E) $6,000 per year, if the officer has 18 or more years
of creditable service.''.
(b) Reserve Dental Officers Special Pay.--Section 302b of title 37,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Reserve Dental Officers Special Pay.--(1) A reserve dental
officer described in paragraph (2) is entitled to special pay at the
rate of $350 a month for each month of active duty, including active
duty in the form of annual training, active duty for training, and
active duty for special work.
``(2) A reserve dental officer referred to in paragraph (1) is a
reserve officer who--
``(A) is an officer of the Dental Corps of the Army or the
Navy or an officer of the Air Force designated as a dental
officer; and
``(B) is on active duty under a call or order to active duty
for a period of less than one year.''.
(c) Accession Bonus for Dental School Graduates Who Enter the Armed
Forces.--(1) Chapter 5 of title 37, United States Code, is amended by
inserting after section 302g the following new section:
``Sec. 302h. Special pay: accession bonus for dental officers
``(a) Accession Bonus Authorized.--(1) A person who is a graduate of
an accredited dental school and who, during the period
[[Page 110 STAT. 2546]]
beginning on the date of the enactment of this section, and ending on
September 30, 2002, executes a written agreement described in subsection
(c) to accept a commission as an officer of the armed forces and remain
on active duty for a period of not less than four years may, upon the
acceptance of the agreement by the Secretary concerned, be paid an
accession bonus in an amount determined by the Secretary concerned.
``(2) The amount of an accession bonus under paragraph (1) may not
exceed $30,000.
``(b) Limitation on Eligibility for Bonus.--A person may not be paid
a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
dentistry; or
``(2) the Secretary concerned determines that the person is
not qualified to become and remain certified and licensed as a
dentist.
``(c) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the armed service concerned,
the person executing the agreement will be assigned to duty, for the
period of obligated service covered by the agreement, as an officer of
the Dental Corps of the Army or the Navy or an officer of the Air Force
designated as a dental officer.
``(d) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain certified or licensed
as a dentist during the period for which the payment is made shall
refund to the United States an amount equal to the full amount of such
payment.
``(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio to
the amount paid to the officer as the unserved part of such period bears
to the total period agreed to be served.
``(3) An obligation to reimburse the United States imposed under
paragraph (1) or (2) is for all purposes a debt owed to the United
States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of this
section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 302g the
following new item:
``302h. Special pay: accession bonus for dental officers.''.
(3) Section 303a of title 37, United States Code, is amended by
striking out ``302g'' each place it appears and inserting in lieu
thereof ``302h''.
(d) Report on Additional Activities To Increase Recruitment of
Dentists.--Not later than April 1, 1997, the Secretary of Defense shall
submit to Congress a report describing the feasibility of increasing the
number of persons enrolled in the Armed Forces Health Professions
Scholarship and Financial Assistance program who are pursuing a course
of study in dentistry in anticipation of service as an officer of the
Dental Corps of the Army
[[Page 110 STAT. 2547]]
or the Navy or an officer of the Air Force designated as a dental
officer.
(e) Stylistic Amendments.--Section 302b of title 37, United States
Code, is amended--
(1) in subsection (a), by inserting ``Variable, Additional,
and Board Certification Special Pay.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Active-Duty
Agreement.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Regulations.--'' after
``(c)'';
(4) in subsection (d), by inserting ``Frequency of
Payments.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Refund for Period of
Unserved Obligated Service.--'' after ``(e)'';
(6) in subsection (f), by inserting ``Effect of Discharge in
Bankruptcy.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Determination of
Creditable Service.--'' after ``(g)''.
SEC. 616. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUBLIC HEALTH
SERVICE AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION OFFICERS.
(a) Eligibility.--Subsection (a) of section 316 of title 37, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``armed forces'' and inserting in lieu thereof ``uniformed
services'';
(2) in paragraph (2)--
(A) by striking out ``Secretary of Defense'' and
inserting in lieu thereof ``Secretary concerned''; and
(B) by inserting ``or public health'' after
``national defense''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking out
``military'' and inserting in lieu thereof ``uniformed
services'';
(B) in subparagraph (C), by striking out
``military''; and
(C) in subparagraph (D)--
(i) by striking out ``Department of Defense''
and inserting in lieu thereof ``uniformed
service''; and
(ii) by striking out ``Secretary of Defense''
and inserting in lieu thereof ``Secretary
concerned''.
(b) Administration.--Subsection (d) of such section is
amended--
(1) by striking out ``his jurisdiction and'' and inserting
in lieu thereof ``the jurisdiction of the Secretary,''; and
(2) by inserting before the period at the end the following:
``, by the Secretary of Health and Human Services for the
Commissioned Corps of the Public Health Service, and by the
Secretary of Commerce for the National Oceanic and Atmospheric
Administration''.
(c) <<NOTE: Applicability. 37 USC 316 note.>> Effective Date.--The
amendments made by this section shall take effect on October 1, 1996,
and apply with respect to months beginning on or after such date.
[[Page 110 STAT. 2548]]
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWANCE IN CONNECTION WITH SHIPPING MOTOR VEHICLE AT
GOVERNMENT EXPENSE.
(a) Allowance Authorized.--Section 406(b)(1)(B) of title 37, United
States Code, is amended by adding at the end the following: ``If clause
(i)(I) applies to the transportation by the member of a motor vehicle
from the old duty station, the monetary allowance under this
subparagraph shall also cover return travel to the old duty station by
the member or other person transporting the vehicle. In the case of
transportation described in clause (ii), the monetary allowance shall
also cover travel from the new duty station to the port of debarkation
to pick up the vehicle.''.
(b) <<NOTE: 37 USC 406 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 1997.
SEC. 622. DISLOCATION ALLOWANCE AT A RATE EQUAL TO TWO AND ONE-
HALF MONTHS BASIC ALLOWANCE FOR QUARTERS.
(a) Allowance Authorized.--Section 407(a) of title 37, United States
Code, is amended in the matter preceding paragraph (1) by striking out
``two months'' and inserting in lieu thereof ``two and one-half
months''.
(b) <<NOTE: 37 USC 407 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 1997.
SEC. 623. ALLOWANCE FOR TRAVEL PERFORMED IN CONNECTION WITH LEAVE
BETWEEN CONSECUTIVE OVERSEAS TOURS.
(a) Authority for Additional Deferral of Travel.--Section 411b(a)(2)
of title 37, United States Code, is amended by adding at the end the
following: ``If the member is unable to undertake the travel before the
end of such one-year period as a result of duty in connection with a
contingency operation, the member may defer the travel for one
additional year beginning on the date the duty of the member in
connection with the contingency operation ends.''.
(b) <<NOTE: 37 USC 411b note.>> Effective Date.--The amendment made
by subsection (a) shall take effect as of November 1, 1995.
SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF
PUBLIC HEALTH SERVICE OFFICERS.
Section 406(j) of title 37, United States Code, is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking out ``Appropriations available'' and
all that follows through ``to a member'' and inserting
in lieu thereof ``The Secretary concerned may pay a
monetary allowance to a member of the armed forces or a
member of the Commissioned Corps of the Public Health
Service''; and
(B) by striking out ``of the military department'';
and
(2) by adding at the end the following new paragraph:
``(3) Appropriations available to the Department of Defense for
providing transportation of household effects of members of the armed
forces under subsection (b) shall be available to pay the monetary
allowance authorized under paragraph (1) to such members. Appropriations
available to the Department of Health
[[Page 110 STAT. 2549]]
and Human Services for providing transportation of household effects of
members of the Commissioned Corps of the Public Health Service under
subsection (b) shall be available to pay the monetary allowance
authorized under paragraph (1) to such members.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENT FOR FISCAL YEAR 1998.
(a) Repeal of Adjustment of Effective Date for Fiscal Year 1998.--
Section 1401a(b)(2)(B) of title 10, United States Code, is amended--
(1) by striking out ``(B) Special rules'' and all that
follows through ``In the case of'' in clause
(i) and inserting in lieu thereof ``(B) Special rule for fiscal year
1996.--In the case of''; and
(2) by striking out clause (ii).
(b) Repeal of Contingent Alternative Date for Fiscal Year 1998.--
Section 631 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; <<NOTE: 10 USC 1401a note.>> 110 Stat. 364)
is amended by striking out subsection (b).
SEC. 632. CLARIFICATION OF INITIAL COMPUTATION OF RETIREE COLAS
AFTER RETIREMENT.
(a) In General.--Section 1401a of title 10, United States Code, is
amended by striking out subsections (c) and (d) and inserting in lieu
thereof the following new subsections:
``(c) First COLA Adjustment for Members With Retired Pay Computed
Using Final Basic Pay.--
``(1) First adjustment with intervening increase in basic
pay.--Notwithstanding subsection (b), if a person described in
paragraph (3) becomes entitled to retired pay based on rates of
monthly basic pay that became effective after the last day of
the calendar quarter of the base index, the retired pay of the
member or former member shall be increased on the effective date
of the next adjustment of retired pay under subsection (b) only
by the percent (adjusted to the nearest one-tenth of 1 percent)
by which--
``(A) the price index for the base quarter of that
year, exceeds
``(B) the price index for the calendar quarter
immediately before the calendar quarter in which the
rates of monthly basic pay on which the retired pay is
based became effective.
``(2) First adjustment with no intervening increase in basic
pay.--If a person described in paragraph (3) becomes entitled to
retired pay on or after the effective date of an adjustment in
retired pay under subsection (b) but before the effective date
of the next increase in the rates of monthly basic pay, the
retired pay of the member or former member shall be increased,
effective on the date the member becomes entitled to that pay,
by the percent (adjusted to the nearest one-tenth of 1 percent)
by which--
``(A) the base index, exceeds
[[Page 110 STAT. 2550]]
``(B) the price index for the calendar quarter
immediately before the calendar quarter in which the
rates of monthly basic pay on which the retired pay is
based became effective.
``(3) Members covered.--Paragraphs (1) and (2) apply
to a member or former member of an armed force who first became
a member of a uniformed service before August 1, 1986, and whose
retired pay base is determined under section 1406 of this title.
``(d) First COLA Adjustment for Members With Retired Pay Computed
Using High-Three.--Notwithstanding subsection (b), the retired pay of a
member or former member of an armed force who first became a member of a
uniformed service before August 1, 1986, and whose retired pay base is
determined under section 1407 of this title shall be increased on the
effective date of the first adjustment of retired pay under subsection
(b) after the member or former member becomes entitled to retired pay by
the percent (adjusted to the nearest one-tenth of 1 percent) equal to
the difference between the percent by which--
``(1) the price index for the base quarter of that year,
exceeds
``(2) the price index for the calendar quarter immediately
before the calendar quarter during which the member became
entitled to retired pay.''.
(b) <<NOTE: Applicability. 10 USC 1401a note.>> Effective Date.--
The amendment made by subsection (a) shall apply only to adjustments of
retired and retainer pay effective after the date of the enactment of
this Act.
SEC. <<NOTE: 5 USC 8313 note.>> 633. SUSPENSION OF PAYMENT OF
RETIRED PAY OF MEMBERS WHO ARE ABSENT FROM
THE UNITED STATES TO AVOID PROSECUTION.
(a) Development of Procedures for Suspension.--The Secretary of
Defense shall develop uniform procedures under which the Secretary of a
military department may suspend the payment of the retired pay of a
member or former member of the Armed Forces during periods in which the
member willfully remains outside the United States to avoid criminal
prosecution or civil liability. The procedures shall address the types
of criminal offenses and civil proceedings for which the procedures may
be used, including the offenses specified in section 8312 of title 5,
United States Code, and the manner by which a member, upon the return of
the member to the United States, may obtain retired pay withheld during
the member's absence.
(b) Report to Congress.--The Secretary of Defense shall submit to
Congress a report describing the procedures developed under subsection
(a). The report shall include recommendations regarding changes to
existing provisions of law (including section 8313 of title 5, United
States Code) that the Secretary determines are necessary to fully
implement the procedures.
(c) Retired Pay Defined.--For purposes of this section, the term
``retired pay'' means retired pay, retirement pay, retainer pay, or
equivalent pay, payable under a statute to a member or former member of
a uniformed service.
(d) Effective Date.--The uniform procedures required by subsection
(a) shall be developed not later than 30 days after the date of the
enactment of this Act.
[[Page 110 STAT. 2551]]
SEC. 634. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR BENEFIT PLAN
STATUTE.
Subchapter II of chapter 73 of title 10, United States Code, is
amended to read as follows:
``SUBCHAPTER II--SURVIVOR BENEFIT PLAN
``Sec.
``1447. Definitions.
``1448. Application of Plan.
``1449. Mental incompetency of member.
``1450. Payment of annuity: beneficiaries.
``1451. Amount of annuity.
``1452. Reduction in retired pay.
``1453. Recovery of amounts erroneously paid.
``1454. Correction of administrative errors.
``1455. Regulations.
``Sec. 1447. Definitions
``In this subchapter:
``(1) Plan.--The term `Plan' means the Survivor Benefit Plan
established by this subchapter.
``(2) Standard annuity.--The term `standard annuity' means
an annuity provided by virtue of eligibility under section
1448(a)(1)(A) of this title.
``(3) Reserve-component annuity.--The term `reserve-
component annuity' means an annuity provided by virtue of
eligibility under section 1448(a)(1)(B) of this title.
``(4) Retired pay.--The term `retired pay' includes retainer
pay paid under section 6330 of this title.
``(5) Reserve-component retired pay.--The term `reserve-
component retired pay' means retired pay under chapter 1223 of
this title (or under chapter 67 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act).
``(6) Base amount.--The term `base amount' means the
following:
``(A) Full amount under standard annuity.--In the
case of a person who dies after becoming entitled to
retired pay, such term means the amount of monthly
retired pay (determined without regard to any reduction
under section 1409(b)(2) of this title) to which the
person--
``(i) was entitled when he became eligible for
that pay; or
``(ii) later became entitled by being advanced
on the retired list, performing active duty, or
being transferred from the temporary disability
retired list to the permanent disability retired
list.
``(B) Full amount under reserve-component annuity.--
In the case of a person who would have become eligible
for reserve-component retired pay but for the fact that
he died before becoming 60 years of age, such term means
the amount of monthly retired pay for which the person
would have been eligible--
``(i) if he had been 60 years of age on the
date of his death, for purposes of an annuity to
become effective on the day after his death in
accordance with a designation made under section
1448(e) of this title; or
[[Page 110 STAT. 2552]]
``(ii) upon becoming 60 years of age (if he
had lived to that age), for purposes of an annuity
to become effective on the 60th anniversary of his
birth in accordance with a designation made under
section 1448(e) of this title.
``(C) Reduced amount.--Such term means any amount
less than the amount otherwise applicable under
subparagraph (A) or (B) with respect to an annuity
provided under the Plan but which is not less than $300
and which is designated by the person (with the
concurrence of the person's spouse, if required under
section 1448(a)(3) of this title) providing the annuity
on or before--
``(i) the first day for which he becomes
eligible for retired pay, in the case of a person
providing a standard annuity, or
``(ii) the end of the 90-day period beginning
on the date on which he receives the notification
required by section 12731(d) of this title that he
has completed the years of service required for
eligibility for reserve-component retired pay, in
the case of a person providing a reserve-component
annuity.
``(7) Widow.--The term `widow' means the surviving wife of a
person who, if not married to the person at the time he became
eligible for retired pay--
``(A) was married to him for at least one year
immediately before his death; or
``(B) is the mother of issue by that marriage.
``(8) Widower.--The term `widower' means the surviving
husband of a person who, if not married to the person at the
time she became eligible for retired pay--
``(A) was married to her for at least one year
immediately before her death; or
``(B) is the father of issue by that marriage.
``(9) Surviving spouse.--The term `surviving spouse' means a
widow or widower.
``(10) Former spouse.--The term `former spouse' means the
surviving former husband or wife of a person who is eligible to
participate in the Plan.
``(11) Dependent child.--
``(A) In general.--The term `dependent child' means
a person who--
``(i) is unmarried;
``(ii) is (I) under 18 years of age, (II) at
least 18, but under 22, years of age and pursuing
a full-time course of study or training in a high
school, trade school, technical or vocational
institute, junior college, college, university, or
comparable recognized educational institution, or
(III) incapable of self support because of a
mental or physical incapacity existing before the
person's eighteenth birthday or incurred on or
after that birthday, but before the person's
twenty-second birthday, while pursuing such a
full-time course of study or training; and
``(iii) is the child of a person to whom the
Plan applies, including (I) an adopted child, and
(II) a stepchild, foster child, or recognized
natural child who lived with that person in a
regular parent-child relationship.
[[Page 110 STAT. 2553]]
``(B) Special rules for college students.--For the
purpose of subparagraph (A), a child whose twenty-second
birthday occurs before July 1 or after August 31 of a
calendar year, and while regularly pursuing such a
course of study or training, is considered to have
become 22 years of age on the first day of July after
that birthday. A child who is a student is considered
not to have ceased to be a student during an interim
between school years if the interim is not more than 150
days and if the child shows to the satisfaction of the
Secretary of Defense that the child has a bona fide
intention of continuing to pursue a course of study or
training in the same or a different school during the
school semester (or other period into which the school
year is divided) immediately after the interim.
``(C) Foster children.--A foster child, to qualify
under this paragraph as the dependent child of a person
to whom the Plan applies, must, at the time of the death
of that person, also reside with, and receive over one-
half of his support from, that person, and not be cared
for under a social agency contract. The temporary
absence of a foster child from the residence of that
person, while a student as described in this paragraph,
shall not be considered to affect the residence of such
a foster child.
``(12) Court.--The term `court' has the meaning given that
term by section 1408(a)(1) of this title.
``(13) Court order.--
``(A) In general.--The term `court order' means a
court's final decree of divorce, dissolution, or
annulment or a court ordered, ratified, or approved
property settlement incident to such a decree (including
a final decree modifying the terms of a previously
issued decree of divorce, dissolution, annulment, or
legal separation, or of a court ordered, ratified, or
approved property settlement agreement incident to such
previously issued decree).
``(B) Final decree.--The term `final decree' means a
decree from which no appeal may be taken or from which
no appeal has been taken within the time allowed for the
taking of such appeals under the laws applicable to such
appeals, or a decree from which timely appeal has been
taken and such appeal has been finally decided under the
laws applicable to such appeals.
``(C) Regular on its face.--The term `regular on its
face', when used in connection with a court order, means
a court order that meets the conditions prescribed in
section 1408(b)(2) of this title.
``Sec. 1448. Application of plan
``(a) General Rules for Participation in the Plan.--
``(1) Name of plan; eligible participants.--The program
established by this subchapter shall be known as the Survivor
Benefit Plan. The following persons are eligible to participate
in the Plan:
``(A) Persons entitled to retired pay.
``(B) Persons who would be eligible for reserve-
component retired pay but for the fact that they are
under 60 years of age.
[[Page 110 STAT. 2554]]
``(2) Participants in the plan.--The Plan applies to the
following persons, who shall be participants in the Plan:
``(A) Standard annuity participants.--A person who
is eligible to participate in the Plan under paragraph
(1)(A) and who is married or has a dependent child when
he becomes entitled to retired pay, unless he elects
(with his spouse's concurrence, if required under
paragraph (3)) not to participate in the Plan before the
first day for which he is eligible for that pay.
``(B) Reserve-component annuity participants.--A
person who (i) is eligible to participate in the Plan
under paragraph (1)(B), (ii) is married or has a
dependent child when he is notified under section
12731(d) of this title that he has completed the years
of service required for eligibility for reserve-
component retired pay, and (iii) elects to participate
in the Plan (and makes a designation under subsection
(e)) before the end of the 90-day period beginning on
the date he receives such notification.
A person described in clauses (i) and (ii) of subparagraph (B)
who does not elect to participate in the Plan before the end of
the 90-day period referred to in that clause remains eligible,
upon reaching 60 years of age and otherwise becoming entitled to
retired pay, to participate in the Plan in accordance with
eligibility under paragraph (1)(A).
``(3) Elections.--
``(A) Spousal consent for certain elections
respecting standard annuity.--A married person who is
eligible to provide a standard annuity may not without
the concurrence of the person's spouse elect--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's
spouse at less than the maximum level; or
``(iii) to provide an annuity for a dependent
child but not for the person's spouse.
``(B) Spousal consent for certain elections
respecting reserve-component annuity.--A married person
who elects to provide a reserve-component annuity may
not without the concurrence of the person's spouse
elect--
``(i) to provide an annuity for the person's
spouse at less than the maximum level; or
``(ii) to provide an annuity for a dependent
child but not for the person's spouse.
``(C) Exception when spouse unavailable.--A person
may make an election described in subparagraph (A) or
(B) without the concurrence of the person's spouse if
the person establishes to the satisfaction of the
Secretary concerned--
``(i) that the spouse's whereabouts cannot be
determined; or
``(ii) that, due to exceptional circumstances,
requiring the person to seek the spouse's consent
would otherwise be inappropriate.
``(D) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity for a former
spouse
[[Page 110 STAT. 2555]]
(or for a former spouse and dependent child) under
subsection (b)(2).
``(E) Notice to spouse of election to provide former
spouse annuity.--If a married person who is eligible to
provide a standard annuity elects to provide an annuity
for a former spouse (or for a former spouse and
dependent child) under subsection (b)(2), that person's
spouse shall be notified of that election.
``(4) Irrevocability of elections.--
``(A) Standard annuity.--An election under paragraph
(2)(A) not to participate in the Plan is irrevocable if
not revoked before the date on which the person first
becomes entitled to retired pay.
``(B) Reserve-component annuity.--An election under
paragraph (2)(B) to participate in the Plan is
irrevocable if not revoked before the end of the 90-day
period referred to in that paragraph.
``(5) Participation by person marrying after re-
tirement, etc.--
``(A) Election to participate in plan.--A person who
is not married and has no dependent child upon becoming
eligible to participate in the Plan but who later
marries or acquires a dependent child may elect to
participate in the Plan.
``(B) Manner and time of election.--Such an election
must be written, signed by the person making the
election, and received by the Secretary concerned within
one year after the date on which that person marries or
acquires that dependent child.
``(C) Limitation on revocation of election.--Such an
election may not be revoked except in accordance with
subsection (b)(3).
``(D) Effective date of election.--The election is
effective as of the first day of the first calendar
month following the month in which the election is
received by the Secretary concerned.
``(E) Designation if rcsbp election.--In the case of
a person providing a reserve-component annuity, such an
election shall include a designation under subsection
(e).
``(6) Election out of plan by person with spouse coverage
who remarries.--
``(A) General rule.--A person--
``(i) who is a participant in the Plan and is
providing coverage under the Plan for a spouse (or
a spouse and child);
``(ii) who does not have an eligible spouse
beneficiary under the Plan; and
``(iii) who remarries,
may elect not to provide coverage under the Plan for the
person's spouse.
``(B) Effect of election on retired pay.--If such an
election is made, reductions in the retired pay of that
person under section 1452 of this title shall not be
made.
``(C) Terms and conditions of election.--An election
under this paragraph--
``(i) is irrevocable;
[[Page 110 STAT. 2556]]
``(ii) shall be made within one year after the
person's remarriage; and
``(iii) shall be made in such form and manner
as may be prescribed in regulations under section
1455 of this title.
``(D) Notice to spouse.--If a person makes an
election under this paragraph--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's
spouse at less than the maximum level; or
``(iii) to provide an annuity for a dependent
child but not for the person's spouse,
the person's spouse shall be notified of that election.
``(E) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity to a former
spouse under subsection (b).
``(b) Insurable Interest and Former Spouse Coverage.--
``(1) Coverage for person with insurable interest.--
``(A) General rule.--A person who is not married and
does not have a dependent child upon becoming eligible
to participate in the Plan may elect to provide an
annuity under the Plan to a natural person with an
insurable interest in that person. In the case of a
person providing a reserve-component annuity, such an
election shall include a designation under subsection
(e).
``(B) Termination of coverage.--An election under
subparagraph (A) for a beneficiary who is not the former
spouse of the person providing the annuity may be
terminated. Any such termination shall be made by a
participant by the submission to the Secretary concerned
of a request to discontinue participation in the Plan,
and such participation in the Plan shall be discontinued
effective on the first day of the first month following
the month in which the request is received by the
Secretary concerned. Effective on
such date, the Secretary concerned shall discontinue the reduction being
made in such person's retired pay on account of participation in the
Plan or, in the case of a person who has been required to make deposits
in the Treasury on account of participation in the Plan, such person may
discontinue making such deposits effective on such date.
``(C) Form for discontinuation.--A request under
subparagraph (B) to discontinue participation in the
Plan shall be in such form and shall contain such
information as may be required under regulations
prescribed by the Secretary of Defense.
``(D) Withdrawal of request for discontinuation.--
The Secretary concerned shall furnish promptly to each
person who submits a request under subparagraph (B) to
discontinue participation in the Plan a written
statement of the advantages and disadvantages of
participating in the Plan and the possible disadvantages
of discontinuing participation. A person may withdraw
the request to discontinue participation if withdrawn
within 30 days after having been submitted to the
Secretary concerned.
[[Page 110 STAT. 2557]]
``(E) Consequences of discontinuation.--Once
participation is discontinued, benefits may not be paid
in conjunction with the earlier participation in the
Plan and premiums paid may not be refunded.
Participation in the Plan may not later be resumed
except through a qualified election under paragraph (5)
of subsection (a).
``(2) Former spouse coverage upon becoming a participant in
the plan.--
``(A) General rule.--A person who has a former
spouse upon becoming eligible to participate in the Plan
may elect to provide an annuity to that former spouse.
``(B) Effect of former spouse election on spouse or
dependent child.--In the case of a person with a spouse
or a dependent child, such an election prevents payment
of an annuity to that spouse or child (other than a
child who is a beneficiary under an election under
paragraph (4)), including payment under subsection (d).
``(C) Designation if more than one former spouse.--
If there is more than one former spouse, the person
shall designate which former spouse is to be provided
the annuity.
``(D) Designation if rcsbp election.--In the case of
a person providing a reserve-component annuity, such an
election shall include a designation under subsection
(e).
``(3) Former spouse coverage by persons already
participating in plan.--
``(A) Election of coverage.--
``(i) Authority for election.--A person--
``(I) who is a participant in the
Plan and is providing coverage for a
spouse or a spouse and child (even
though there is no beneficiary currently
eligible for such coverage), and
``(II) who has a former spouse who
was not that person's former spouse when
that person became eligible to
participate in the Plan,
may (subject to subparagraph (B)) elect to provide
an annuity to that former spouse.
``(ii) Termination of previous coverage.--Any
such election terminates any previous coverage
under the Plan.
``(iii) Manner and time of election.--Any such
election must be written, signed by the person
making the election, and received by the Secretary
concerned within one year after the date of the
decree of divorce, dissolution, or annulment.
``(B) Limitation on election.--A person may not make
an election under subparagraph (A) to provide an annuity
to a former spouse who that person married after
becoming eligible for retired pay unless--
``(i) the person was married to that former
spouse for at least one year, or
``(ii) that former spouse is the parent of
issue by that marriage.
``(C) Irrevocability, effective date, etc.--An
election under this paragraph may not be revoked except
in accordance with section 1450(f) of this title. Such
an election is effective as of the first day of the
first calendar
[[Page 110 STAT. 2558]]
month following the month in which it is received by the
Secretary concerned. This paragraph does not provide the
authority to change a designation previously made under
subsection (e).
``(D) Notice to spouse.--If a person who is married
makes an election to provide an annuity to a former
spouse under this paragraph, that person's spouse shall
be notified of the election.
``(4) Former spouse and child coverage.--A person who elects
to provide an annuity for a former spouse under paragraph (2) or
(3) may, at the time of the election, elect to provide coverage
under that annuity for both the former spouse and a dependent
child, if the child resulted from the person's marriage to that
former spouse.
``(5) Disclosure of whether election of former spouse
coverage is required.--A person who elects to provide an annuity
to a former spouse under paragraph (2) or (3) shall, at the time
of making the election, provide the Secretary concerned with a
written statement (in a form to be prescribed by that Secretary
and signed by such person and the former spouse) setting forth--
``(A) whether the election is being made pursuant to
the requirements of a court order; or
``(B) whether the election is being made pursuant to
a written agreement previously entered into voluntarily
by such person as a part of, or incident to, a
proceeding of divorce, dissolution, or annulment and (if
so)
whether such voluntary written agreement has been incorporated in, or
ratified or approved by, a court order.
``(c) Persons on Temporary Disability Retired List.--The application
of the Plan to a person whose name is on the temporary disability
retired list terminates when his name is removed from that list and he
is no longer entitled to disability retired pay.
``(d) Coverage for Survivors of Retirement-Eligible Members Who Die
on Active Duty.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a member who dies on active duty after--
``(A) becoming eligible to receive retired pay;
``(B) qualifying for retired pay except that he has
not applied for or been granted that pay; or
``(C) completing 20 years of active service but
before he is eligible to retire as a commissioned
officer because he has not completed 10 years of active
commissioned service.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a member described in paragraph (1) if there is no
surviving spouse or if the member's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a member
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse upon
becoming eligible to be a participant in the Plan or has made an
election under subsection (b) to provide an annuity to a former
spouse, the Secretary--
[[Page 110 STAT. 2559]]
``(A) may not pay an annuity under paragraph (1) or
(2); but
``(B) shall pay an annuity to that former spouse as
if the member had been a participant in the Plan and had
made an election under subsection (b) to provide an
annuity to the former spouse, or in accordance with that
election, as the case may be, if the Secretary receives
a written request from the former spouse concerned that
the election be deemed to have been made in the same
manner as provided in section 1450(f)(3) of this title.
``(4) Priority.--An annuity that may be provided under this
subsection shall be provided in preference to an annuity that
may be provided under any other provision of this subchapter on
account of service of the same member.
``(5) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(e) Designation for Commencement of Reserve-Component Annuity.--In
any case in which a person electing to participate in the Plan is
required to make a designation under this subsection, the person making
such election shall designate whether, in the event he dies before
becoming 60 years of age, the annuity provided shall become effective
on--
``(1) the day after the date of his death; or
``(2) the 60th anniversary of his birth.
``(f) Coverage of Survivors of Persons Dying When Eligible To Elect
Reserve-Component Annuity.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a person who is eligible to provide a reserve-
component annuity and who dies--
``(A) before being notified under section 12731(d)
of this title that he has completed the years of service
required for eligibility for reserve-component retired
pay; or
``(B) during the 90-day period beginning on the date
he receives notification under section 12731(d) of this
title that he has completed the years of service
required for eligibility for reserve-component retired
pay if he had not made an election under subsection
(a)(2)(B) to participate in the Plan.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a person described in paragraph (1) if there is no
surviving spouse or if the person's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a person
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse upon
becoming eligible to be a participant in the Plan or has made an
election under subsection (b) to provide an annuity to a former
spouse, the Secretary--
``(A) may not pay an annuity under paragraph (1) or
(2); but
``(B) shall pay an annuity to that former spouse as
if the person had been a participant in the Plan and had
made an election under subsection (b) to provide an
annuity to the former spouse, or in accordance with that
election, as the case may be, if the Secretary receives
a written
[[Page 110 STAT. 2560]]
request from the former spouse concerned that the
election be deemed to have been made in the same manner
as provided in section 1450(f)(3) of this title.
``(4) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(g) Election To Increase Coverage Upon Remarriage.--
``(1) Election.--A person--
``(A) who is a participant in the Plan and is
providing coverage under subsection (a) for a spouse or
a spouse and child, but at less than the maximum level;
and
``(B) who remarries,
may elect, within one year of such remarriage, to increase the
level of coverage provided under the Plan to a level not in
excess of the current retired pay of that person.
``(2) Payment required.--Such an election shall be
contingent on the person paying to the United States the amount
determined under paragraph (3) plus interest on such amount at a
rate determined under regulations prescribed by the Secretary of
Defense.
``(3) Amount to be paid.--The amount referred to in
paragraph (2) is the amount equal to the difference between--
``(A) the amount that would have been withheld from
such person's retired pay under section 1452 of this
title if the higher level of coverage had been in effect
from the time the person became a participant in the
Plan; and
``(B) the amount of such person's retired pay
actually withheld.
``(4) Manner of making election.--An election under
paragraph (1) shall be made in such manner as the Secretary
shall prescribe and shall become effective upon receipt of the
payment required by paragraph (2).
``(5) Disposition of payments.--A payment received under
this subsection by the Secretary of Defense shall be deposited
into the Department of Defense Military Retirement Fund. Any
other payment received under this subsection shall be deposited
in the Treasury as miscellaneous receipts.
``Sec. 1449. Mental incompetency of member
``(a) Election by Secretary Concerned on Behalf of Mentally
Incompetent Member.--If a person to whom section 1448 of this title
applies is determined to be mentally incompetent by medical officers of
the armed force concerned or of the Department of Veterans Affairs, or
by a court of competent jurisdiction, an election described in
subsection (a)(2) or (b) of section 1448 of this title may be made on
behalf of that person by the Secretary concerned.
``(b) Revocation of Election by Member.--
``(1) Authority upon subsequent determination of mental
competence.--If a person for whom the Secretary has made an
election under subsection (a) is later determined to be mentally
competent by an authority named in that subsection, that person
may, within 180 days after that determination, revoke that
election.
``(2) Deductions from retired pay not to be refunded.--Any
deduction made from retired pay by reason of such an election
may not be refunded.
[[Page 110 STAT. 2561]]
``Sec. 1450. Payment of annuity: beneficiaries
``(a) <<NOTE: Effective date.>> In General.--Effective as of the
first day after the death of a person to whom section 1448 of this title
applies (or on such other day as that person may provide under
subsection (j)), a monthly annuity under section 1451 of this title
shall be paid to the person's beneficiaries under the Plan, as follows:
``(1) Surviving spouse or former spouse.--The eligible
surviving spouse or the eligible former spouse.
``(2) Surviving children.--The surviving dependent children
in equal shares, if the eligible surviving spouse or the
eligible former spouse is dead, dies, or otherwise becomes
ineligible under this section.
``(3) Dependent children.--The dependent children in equal
shares if the person to whom section 1448 of this title applies
(with the concurrence of the person's spouse, if required under
section 1448(a)(3) of this title) elected to provide an annuity
for dependent children but not for the spouse or former spouse.
``(4) Natural person designated under `insurable interest'
coverage.--The natural person designated under section
1448(b)(1) of this title, unless the election to provide an
annuity to the natural person has been changed as provided in
subsection (f).
``(b) Termination of Annuity for Death, Remarriage Before Age 55,
Etc.--
``(1) General rule.--An annuity payable to the beneficiary
terminates effective as of the first day of the month in which
eligibility is lost.
``(2) Termination of spouse annuity upon death or remarriage
before age 55.--An annuity for a surviving spouse or former
spouse shall be paid to the surviving spouse or former spouse
while the surviving spouse or former spouse is living or, if the
surviving spouse or former spouse remarries before reaching age
55, until the surviving spouse or former spouse remarries.
``(3) Effect of termination of subsequent marriage before
age 55.--If the surviving spouse or former spouse remarries
before reaching age 55 and that marriage is terminated by death,
annulment, or divorce, payment of the annuity shall be resumed
effective as of the first day of the month in which the marriage
is so terminated. However, if the surviving spouse or former
spouse is also entitled to an annuity under the Plan based upon
the marriage so terminated, the surviving spouse or former
spouse may not receive both annuities but must elect which to
receive.
``(c) Offset for Amount of Dependency and Indemnity Compensation.--
``(1) Required offset.--If, upon the death of a person to
whom section 1448 of this title applies, the surviving spouse or
former spouse of that person is also entitled to dependency and
indemnity compensation under section 1311(a) of title 38, the
surviving spouse or former spouse may be paid an annuity under
this section, but only in the amount that the annuity otherwise
payable under this section would exceed that compensation.
``(2) Effective date of offset.--A reduction in an annuity
under this section required by paragraph (1) shall be effective
[[Page 110 STAT. 2562]]
on the date of the commencement of the period of payment of such
dependency and indemnity compensation under title 38.
``(d) Limitation on Payment of Annuities When Coverage Under Civil
Service Retirement Elected.--If, upon the death of a person to whom
section 1448 of this title applies, that person had in effect a waiver
of that person's retired pay for the purposes of subchapter III of
chapter 83 of title 5, an annuity under this section shall not be
payable unless, in accordance with section 8339(j) of title 5, that
person
notified the Office of Personnel Management that he did not desire any
spouse surviving him to receive an annuity under section 8341(b) of that
title.
``(e) Refund of Amounts Deducted From Retired Pay When DIC Offset Is
Applicable.--
``(1) Full refund when dic greater than sbp annuity.--If an
annuity under this section is not payable because of subsection
(c), any amount deducted from the retired pay of the deceased
under section 1452 of this title shall be refunded to the
surviving spouse or former spouse.
``(2) Partial refund when sbp annuity reduced by dic.--If,
because of subsection (c), the annuity payable is less than the
amount established under section 1451 of this title, the annuity
payable shall be recalculated under that section. The amount of
the reduction in the retired pay required to provide that
recalculated annuity shall be computed under section 1452 of
this title, and the difference between the amount deducted
before the computation of that recalculated annuity and the
amount that would have been deducted on the basis of that
recalculated annuity shall be refunded to the surviving spouse
or former spouse.
``(f) Change in Election of Insurable Interest or Former Spouse
Beneficiary.--
``(1) Authorized changes.--
``(A) Election in favor of spouse or child.--A
person who elects to provide an annuity to a person
designated by him under section 1448(b) of this title
may, subject to paragraph (2), change that election and
provide an annuity to his spouse or dependent child.
``(B) Notice.--The Secretary concerned shall notify
the former spouse or other natural person previously
designated under section 1448(b) of this title of any
change of election under subparagraph (A).
``(C) Procedures, effective date, etc.--Any such
change of election is subject to the same rules with
respect to execution, revocation, and effectiveness as
are set forth in section 1448(a)(5) of this title
(without regard to the eligibility of the person making
the change of election to make such an election under
that section).
``(2) Limitation on change in beneficiary when former spouse
coverage in effect.--A person who, incident to a proceeding of
divorce, dissolution, or annulment, is required by a court order
to elect under section 1448(b) of this title to provide an
annuity to a former spouse (or to both a former spouse and
child), or who enters into a written agreement (whether
voluntary or required by a court order) to make such an
election, and who makes an election pursuant to such order or
agreement, may not change that election under paragraph
[[Page 110 STAT. 2563]]
(1) unless, of the following requirements, whichever are
applicable in a particular case are satisfied:
``(A) In a case in which the election is required by
a court order, or in which an agreement to make the
election has been incorporated in or ratified or
approved by a court order, the person--
``(i) furnishes to the Secretary concerned a
certified copy of a court order which is regular
on its face and which modifies the provisions of
all previous court orders relating to such
election, or the agreement to make such election,
so as to permit the person to change the election;
and
``(ii) certifies to the Secretary concerned
that the court order is valid and in effect.
``(B) In a case of a written agreement that has not
been incorporated in or ratified or approved by a court
order, the person--
``(i) furnishes to the Secretary concerned a
statement, in such form as the Secretary concerned
may prescribe, signed by the former spouse and
evidencing the former spouse's agreement to a
change in the election under paragraph (1); and
``(ii) certifies to the Secretary concerned
that the statement is current and in effect.
``(3) Required former spouse election to be deemed to have
been made.--
``(A) Deemed election upon request by former
spouse.--If a person described in paragraph (2) or (3)
of section 1448(b) of this title is required (as
described in subparagraph (B)) to elect under section
1448(b) of this title to provide an annuity to a former
spouse and such person then fails or refuses to make
such an election, such person shall be deemed to have
made such an election if the Secretary concerned
receives the following:
``(i) Request from former spouse.--A written
request, in such manner as the Secretary shall
prescribe, from the former spouse concerned
requesting that such an election be deemed to have
been made.
``(ii) Copy of court order or other official
statement.--Either--
``(I) a copy of the court order,
regular on its face, which requires such
election or incorporates, ratifies, or
approves the written agreement of such
person; or
``(II) a statement from the clerk of
the court (or other appropriate
official) that such agreement has been
filed with the court in accordance with
applicable State law.
``(B) Persons required to make election.--A person
shall be considered for purposes of subparagraph (A) to
be required to elect under section 1448(b) of this title
to provide an annuity to a former spouse if--
``(i) the person enters, incident to a
proceeding of divorce, dissolution, or annulment,
into a written agreement to make such an election
and the agreement (I) has been incorporated in or
ratified or
approved by a court order, or (II) has been filed with the court
[[Page 110 STAT. 2564]]
of appropriate jurisdiction in accordance with appli-
cable State law; or
``(ii) the person is required by a court order
to make such an election.
``(C) Time limit for request by former spouse.--An
election may not be deemed to have been made under
subparagraph (A) in the case of any person unless the
Secretary concerned receives a request from the former
spouse of the person within one year of the date of the
court order or filing involved.
``(D) Effective date of deemed election.--An
election deemed to have been made under subparagraph (A)
shall become effective on the first day of the first
month which begins after the date of the court order or
filing involved.
``(4) Former spouse coverage may be required by court
order.--A court order may require a person to elect (or to enter
into an agreement to elect) under section 1448(b) of this title
to provide an annuity to a former spouse (or to both a former
spouse and child).
``(g) Limitation on Changing or Revoking Elections.--
``(1) In general.--An election under this section may not be
changed or revoked.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) a revocation of an election under section
1449(b) of this title; or
``(B) a change in an election under subsection (f).
``(h) Treatment of Annuities Under Other Laws.--Except as provided
in section 1451 of this title, an annuity under this section is in
addition to any other payment to which a person is entitled under any
other provision of law. Such annuity shall be considered as income under
laws administered by the Secretary of Veterans Affairs.
``(i) Annuities Exempt From Certain Legal Process.--Except as
provided in subsection (l)(3)(B), an annuity under this section is not
assignable or subject to execution, levy, attachment, garnishment, or
other legal process.
``(j) Effective Date of Reserve-Component Annuities.--
``(1) Persons making section 1448(e) designation.--An
annuity elected by a person providing a reserve-component
annuity shall be effective in accordance with the designation
made by such person under section 1448(e) of this title.
``(2) Persons dying before making section 1448(e)
designation.--An annuity payable under section 1448(f) of this
title shall be effective on the day after the date of the death
of the person upon whose service the right to the annuity is
based.
``(k) Adjustment of Spouse or Former Spouse Annuity Upon Loss of
Dependency and Indemnity Compensation.--
``(1) Readjustment if beneficiary 55 years of age or more.--
If a surviving spouse or former spouse whose annuity has been
adjusted under subsection (c) subsequently loses entitlement to
dependency and indemnity compensation under section 1311(a) of
title 38 because of the remarriage of the surviving spouse, or
former spouse, and if at the time of such remarriage the
surviving spouse or former spouse is 55 years of age or more,
the amount of the annuity of the surviving
[[Page 110 STAT. 2565]]
spouse or former spouse shall be readjusted, effective on the
effective date of such loss of dependency and indemnity
compensation, to the amount of the annuity which would be in
effect with respect to the surviving spouse or former spouse if
the adjustment under subsection (c) had never been made.
``(2) Repayment of amounts previously refunded.--
``(A) General rule.--A surviving spouse or former
spouse whose annuity is readjusted under paragraph (1)
shall repay any amount refunded under subsection (e) by
reason of the adjustment under subsection (c).
``(B) Interest required if repayment not a lump
sum.--If the repayment is not made in a lump sum, the
surviving spouse or former spouse shall pay interest on
the amount to be repaid. Such interest shall commence on
the date on which the first such payment is due and
shall be applied over the period during which any part
of the repayment remains to be paid.
``(C) Manner of repayment; rate of interest.--The
manner in which such repayment shall be made, and the
rate of any such interest, shall be prescribed in
regulations under section 1455 of this title.
``(D) Deposit of amounts repaid.--An amount repaid
under this paragraph (including any such interest)
received by the Secretary of Defense shall be deposited
into the Department of Defense Military Retirement Fund.
Any other amount repaid under this paragraph shall be
deposited into the Treasury as miscellaneous receipts.
``(l) Participants in the Plan Who Are Missing.--
``(1) Authority to presume death of missing participant.--
``(A) In general.--Upon application of the
beneficiary of a participant in the Plan who is missing,
the Secretary concerned may determine for purposes of
this subchapter that the participant is presumed dead.
``(B) Participant who is missing.--A participant in
the Plan is considered to be missing for purposes of
this subsection if--
``(i) the retired pay of the participant has
been suspended on the basis that the participant
is missing; or
``(ii) in the case of a participant in the
Plan who would be eligible for reserve-component
retired pay but for the fact that he is under 60
years of
age, his retired pay, if he were entitled to retired pay, would be
suspended on the basis that he is missing.
``(C) Requirements applicable to presumption of
death.--Any such determination shall be made in
accordance with regulations prescribed under section
1455 of this title. The Secretary concerned may not make
a determination for purposes of this subchapter that a
participant who is missing is presumed dead unless the
Secretary finds that--
``(i) the participant has been missing for at
least 30 days; and
``(ii) the circumstances under which the
participant is missing would lead a reasonably
prudent person to conclude that the participant is
dead.
[[Page 110 STAT. 2566]]
``(2) Commencement of annuity.--Upon a determination under
paragraph (1) with respect to a participant in the Plan, an
annuity otherwise payable under this subchapter shall be paid as
if the participant died on the date as of which the retired pay
of the participant was suspended.
``(3) Effect of person not being dead.--
``(A) Termination of annuity.--If, after a
determination under paragraph (1), the Secretary
concerned determines that the participant is alive--
``(i) any annuity being paid under this
subchapter by reason of this subsection shall be
terminated; and
``(ii) the total amount of any annuity
payments made by reason of this subsection shall
constitute a debt to the United States.
``(B) Collection from participant of annuity amounts
erroneously paid.--A debt under subparagraph (A)(ii) may
be collected or offset--
``(i) from any retired pay otherwise payable
to the participant;
``(ii) if the participant is entitled to
compensation under chapter 11 of title 38, from
that compen-
sation; or
``(iii) if the participant is entitled to any
other payment from the United States, from that
payment.
``(C) Collection from beneficiary.--If the
participant dies before the full recovery of the amount
of annuity payments described in subparagraph (A)(ii)
has been made by the United States, the remaining amount
of such annuity payments may be collected from the
participant's beneficiary under the Plan if that
beneficiary was the recipient of the annuity payments
made by reason of this subsection.
``Sec. 1451. Amount of annuity
``(a) Computation of Annuity for a Spouse, Former Spouse, or
Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity
payable to the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent
child when becoming entitled to the annuity, the monthly
annuity shall be the amount equal to 55 percent of the
base amount.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other
than a dependent child) is 62 years of age or
older when becoming entitled to the annuity, the
monthly annuity shall be the amount equal to 35
percent of the base amount.
``(ii) Rule if beneficiary eligible for social
security offset computation.--If the beneficiary
is eligible to have the annuity computed under
subsection (e) and if, at the time the beneficiary
becomes entitled to the annuity, computation of
the annuity under that subsection is more
favorable to the beneficiary than computation
under clause (i), the annuity shall be
[[Page 110 STAT. 2567]]
computed under that subsection rather than under
clause (i).
``(2) Reserve-component annuity--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a) of this title (other than under section 1450(a)(4)), the
monthly annuity payable to the beneficiary shall be determined
as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent
child when becoming entitled to the annuity, the monthly
annuity shall be the amount equal to a percentage of the
base amount that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other
than a dependent child) is 62 years of age or
older when becoming entitled to the annuity, the
monthly annuity shall be the amount equal to a
percentage of the base amount that--
``(I) is less than 35 percent; and
``(II) is determined under
subsection (f).
``(ii) Rule if beneficiary eligible for social
security offset computation.--If the beneficiary
is eligible to have the annuity computed under
subsection (e) and if, at the time the beneficiary
becomes entitled to the annuity, computation of
the annuity under that subsection is more
favorable to the beneficiary than computation
under clause (i), the annuity shall be computed
under that subsection rather than under clause
(i).
``(b) Insurable Interest Beneficiary.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a)(4) of this
title, the monthly annuity payable to the beneficiary shall be
the amount equal to 55 percent of the retired pay of the person
who elected to provide the annuity after the reduction in that
pay in accordance with section 1452(c) of this title.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a)(4) of this title, the monthly annuity payable to the
beneficiary shall be the amount equal to a percentage of the
retired pay of the person who elected to provide the annuity
after the reduction in such pay in accordance with section
1452(c) of this title that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).
``(3) Computation of reserve-component annuity when
participant dies before age 60.--For the purposes of paragraph
(2), a person--
``(A) who provides an annuity that is determined in
accordance with that paragraph;
``(B) who dies before becoming 60 years of age; and
``(C) who at the time of death is otherwise entitled
to retired pay,
shall be considered to have been entitled to retired pay at the
time of death. The retired pay of such person for the
[[Page 110 STAT. 2568]]
purposes of such paragraph shall be computed on the basis of the
rates of basic pay in effect on the date on which the annuity
provided by such person is to become effective in accordance
with the designation of such person under section 1448(e) of
this title.
``(c) Annuities for Survivors of Certain Persons Dying During a
Period of Special Eligibility for SBP.--
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
annuity shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
person receiving the annuity is under 62 years of age or
is a dependent child when the member or former member
dies, the monthly annuity shall be the amount equal to
55 percent of the retired pay to which the member or
former member would have been entitled if the member or
former member had been entitled to that pay based upon
his years of active service when he died.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving
the annuity (other than a dependent child) is 62
years of age or older when the member or former
member dies, the monthly annuity shall be the
amount equal to 35 percent of the retired pay to
which the member or former member would have been
entitled if the member or former member had been
entitled to that pay based upon his years of
active service when he died.
``(ii) Rule if beneficiary eligible for social
security offset computation.--If the beneficiary
is eligible to have the annuity computed under
subsection (e) and if, at the time the beneficiary
becomes entitled to the annuity, computation of
the annuity under that subsection is more
favorable to the beneficiary than computation
under clause (i), the annuity shall be computed
under that subsection rather than under clause
(i).
``(2) DIC offset.--An annuity computed under paragraph (1)
that is paid to a surviving spouse shall be reduced by the
amount of dependency and indemnity compensation to which the
surviving spouse is entitled under section 1311(a) of title 38.
Any such reduction shall be effective on the date of the
commencement of the period of payment of such compensation under
title 38.
``(3) Servicemembers not yet granted retired pay.--In the
case of an annuity provided by reason of the service of a member
described in section 1448(d)(1)(B) or 1448(d)(1)(C) of this
title who first became a member of a uniformed service before
September 8, 1980, the retired pay to which the member would
have been entitled when he died shall be determined for purposes
of paragraph (1) based upon the rate of basic pay in effect at
the time of death for the grade in which the member was serving
at the time of death, unless (as determined by the Secretary
concerned) the member would have been entitled to be retired in
a higher grade.
``(4) Rate of pay to be used in computing annuity.--In the
case of an annuity paid under section 1448(f) of this
[[Page 110 STAT. 2569]]
title by reason of the service of a person who first became a
member of a uniformed service before September 8, 1980, the
retired pay of the person providing the annuity shall
for the purposes of paragraph (1) be computed on the basis of
the rates of basic pay in effect on the effective date of the
annuity.
``(d) Reduction of Annuities at Age 62.--
``(1) Reduction required.--The annuity of a person whose
annuity is computed under subparagraph (A) of subsection (a)(1),
(a)(2), or (c)(1) shall be reduced on the first day of the month
after the month in which the person becomes 62 years of age.
``(2) Amount of annuity as reduced.--
``(A) 35 percent annuity.--Except as provided in
subparagraph (B), the reduced amount of the annuity
shall be the amount of the annuity that the person would
be receiving on that date if the annuity had initially
been computed under subparagraph (B) of that subsection.
``(B) Savings provision for beneficiaries eligible
for social security offset
computation.--In the case of a person eligible to have an annuity
computed under subsection (e) and for whom, at the time the person
becomes 62 years of age, the annuity computed with a reduction under
subsection (e)(3) is more favorable than the annuity with a reduction
described in subparagraph (A), the reduction in the annuity shall be
computed in the same manner as a reduction under subsection (e)(3).
``(e) Savings Provision for Certain Beneficiaries.--
``(1) Persons covered.--The following beneficiaries under
the Plan are eligible to have an annuity under the Plan computed
under this subsection:
``(A) A beneficiary receiving an annuity under the
Plan on October 1, 1985, as the surviving spouse or
former spouse of the person providing the annuity.
``(B) A spouse or former spouse beneficiary of a
person who on October 1, 1985--
``(i) was a participant in the Plan;
``(ii) was entitled to retired pay or was
qualified for that pay except that he had not
applied for and been granted that pay; or
``(iii) would have been eligible for reserve-
component retired pay but for the fact that he was
under 60 years of age.
``(2) Amount of annuity.--Subject to paragraph (3), an
annuity computed under this subsection is determined as follows:
``(A) Standard annuity.--In the case of the
beneficiary of a standard annuity, the annuity shall be
the amount equal to 55 percent of the base amount.
``(B) Reserve-component annuity.--In the case of the
beneficiary of a reserve-component annuity, the annuity
shall be the percentage of the base amount that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(C) Beneficiaries of persons dying during a period
of special eligibility for sbp.--In the case of the
beneficiary of an annuity under section 1448(d) or
1448(f) of
[[Page 110 STAT. 2570]]
this title, the annuity shall be the amount equal to 55
percent of the retired pay of the person providing the
annuity (as that pay is determined under subsection
(c)).
``(3) Social security offset.--An annuity computed under
this subsection shall be reduced by the lesser of the following:
``(A) Social security computation.--The amount of
the survivor benefit, if any, to which the surviving
spouse (or the former spouse, in the case of a former
spouse beneficiary who became a former spouse under a
divorce that became final after November 29, 1989) would
be
entitled under title II of the Social Security Act (42
U.S.C. 401 et seq.) based solely upon service by the
person concerned as described in section 210(l)(1) of
such Act (42 U.S.C. 410(l)(1)) and calculated assuming
that the person concerned lives to age 65.
``(B) Maximum amount of reduction.--40 percent of
the amount of the monthly annuity as determined under
paragraph (2).
``(4) Special rules for social security offset
computation.--
``(A) Treatment of deductions made on account of
work.--For the purpose of paragraph (3), a surviving
spouse (or a former spouse, in the case of a person who
becomes a former spouse under a divorce that becomes
final after November 29, 1989) shall not be considered
as entitled to a benefit under title II of the Social
Security Act (42 U.S.C. 401 et seq.) to the extent that
such benefit has been offset by deductions under section
203 of such Act (42 U.S.C. 403) on account of work.
``(B) Treatment of certain periods for which social
security refunds are made.--In the computation of any
reduction made under paragraph (3), there shall be
excluded any period of service described in section
210(l)(1) of the Social Security Act (42 U.S.C.
410(l)(1))--
``(i) which was performed after December 1,
1980; and
``(ii) which involved periods of service of
less than 30 continuous days for which the person
concerned is entitled to receive a refund under
section 6413(c) of the Internal Revenue Code of
1986 of the social security tax which the person
had paid.
``(f) Determination of Percentages Applicable to Computation of
Reserve-Component Annuities.-- <<NOTE: Regulations.>> The percentage to
be applied in determining the amount of an annuity computed under
subsection (a)(2), (b)(2), or (e)(2)(B) shall be determined under
regulations prescribed by the Secretary of Defense. Such regulations
shall be prescribed taking into consideration the following:
``(1) The age of the person electing to provide the annuity
at the time of such election.
``(2) The difference in age between such person and the
beneficiary of the annuity.
``(3) Whether such person provided for the annuity to become
effective (in the event he died before becoming 60 years of age)
on the day after his death or on the 60th anniversary of his
birth.
``(4) Appropriate group annuity tables.
``(5) Such other factors as the Secretary considers
relevant.
[[Page 110 STAT. 2571]]
``(g) Adjustments to Annuities.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in annuities when retired pay
increased.--Whenever retired pay is increased under
section 1401a of this title (or any other provision
of law), each annuity that is payable under the Plan shall be increased
at the same time.
``(B) Percentage of increase.--The increase shall,
in the case of any annuity, be by the same percent
as the percent by which the retired pay of the person
providing the annuity would have been increased at such
time if the person were alive (and otherwise entitled to
such pay).
``(C) Certain reductions to be disregarded.--The
amount of the increase shall be based on the monthly
annuity payable before any reduction under section
1450(c) of this title or under subsection (c)(2).
``(2) Rounding down.--The monthly amount of an annuity
payable under this subchapter, if not a multiple of $1, shall be
rounded to the next lower multiple of $1.
``(h) Adjustments to Base Amount.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in base amount when retired pay
increased.--Whenever retired pay is increased under
section 1401a of this title (or any other provision of
law), the base amount applicable to each participant in
the Plan shall be increased at the same time.
``(B) Percentage of increase.--The increase shall be
by the same percent as the percent by which the retired
pay of the participant is so increased.
``(2) Recomputation at age 62.--When the retired pay of a
person who first became a member of a uniformed service on or
after August 1, 1986, and who is a participant in the Plan is
recomputed under section 1410 of this title upon the person's
becoming 62 years of age, the base amount applicable to that
person shall be recomputed (effective on the effective date of
the recomputation of such retired pay under section 1410 of this
title) so as to be the amount equal to the amount of the base
amount that would be in effect on that date if increases in such
base amount under paragraph (1) had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than
under paragraph (3) of that section).
``(3) Disregarding of retired pay reductions for retirement
before 30 years of service.--Computation of a member's retired
pay for purposes of this section shall be made without regard to
any reduction under section 1409(b)(2) of this title.
``(i) Recomputation of Annuity for Certain Beneficiaries.--In the
case of an annuity under the Plan which is computed on the basis of the
retired pay of a person who would have been entitled to have that
retired pay recomputed under section 1410 of this title upon attaining
62 years of age, but who dies before attaining that age, the annuity
shall be recomputed, effective on the first day of the first month
beginning after the date on which the member or former member would have
attained 62 years of age, so as to be the amount equal to the amount of
the annuity that would be in effect on that date if increases
[[Page 110 STAT. 2572]]
under subsection (h)(1) in the base amount applicable to that annuity to
the time of the death of the member or former member, and increases in
such annuity under subsection (g)(1), had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than under
paragraph (3) of that section).
``Sec. 1452. Reduction in retired pay
``(a) Spouse and Former Spouse Annuities.--
``(1) Required reduction in retired pay.--Except as provided
in subsection (b), the retired pay of a participant in the Plan
who is providing spouse coverage (as described in paragraph (5))
shall be reduced as follows:
``(A) Standard annuity.--If the annuity coverage
being providing is a standard annuity, the reduction
shall be as follows:
``(i) Disability and nonregular service re-
tirees.--In the case of a person who is entitled
to retired pay under chapter 61 or chapter 1223 of
this title, the reduction shall be in whichever of
the alternative reduction amounts is more
favorable to that person.
``(ii) Members as of enactment of flat-rate
reduction.--In the case of a person who first
became a member of a uniformed service before
March 1, 1990, the reduction shall be in whichever
of the alternative reduction amounts is more
favorable to that person.
``(iii) New entrants after enactment of flat-
rate reduction.--In the case of a person who first
becomes a member of a uniformed service on or
after March 1, 1990, and who is entitled to
retired pay under a provision of law other than
chapter 61 or chapter 1223 of this title, the
reduction shall be in an amount equal to 6\1/2\
percent of the base amount.
``(iv) Alternative reduction amounts.--For
purposes of clauses (i) and (ii), the alternative
reduction amounts are the following:
``(I) Flat-rate reduction.--An
amount equal to 6\1/2\ percent of the
base amount.
``(II) Amount under pre-flat-rate
reduction.--An amount equal to 2\1/2\
percent of the first $337 (as adjusted
after November 1, 1989, under paragraph
(4)) of the base amount plus 10 percent
of the remainder of the base amount.
``(B) Reserve-component annuity.--If the annuity
coverage being provided is a reserve-component annuity,
the reduction shall be in whichever of the following
amounts is more favorable to that person:
``(i) Flat-rate reduction.--An amount equal to
6\1/2\ percent of the base amount plus an amount
determined in accordance with regulations
prescribed by the Secretary of Defense as a
premium for the additional coverage provided
through
reserve-component annuity coverage under the Plan.
``(ii) Amount under pre-flat-rate reduction.--
An amount equal to 2\1/2\ percent of the first
$337 (as adjusted after November 1, 1989, under
paragraph (4)) of the base amount plus 10 percent
of the remain
[[Page 110 STAT. 2573]]
der of the base amount plus an amount determined
in accordance with regulations prescribed by the
Secretary of Defense as a premium for the
additional coverage provided through reserve-
component annuity coverage under the Plan.
``(2) <<NOTE: Regulations.>> Additional reduction for child
coverage.--If there is a dependent child as well as a spouse or
former spouse, the amount prescribed under paragraph (1) shall
be increased by an amount prescribed under regulations of the
Secretary of Defense.
``(3) No reduction when no beneficiary.--The reduction in
retired pay prescribed by paragraph (1) shall not be applicable
during any month in which there is no eligible spouse or former
spouse beneficiary.
``(4) Periodic adjustments.--
``(A) Adjustments for increases in rates of basic
pay.--Whenever there is an increase in the rates of
basic pay of members of the uniformed services effective
on or after October 1, 1985, the amounts under paragraph
(1) with respect to which the percentage factor of 2\1/
2\ is applied shall be increased by the overall
percentage of such increase in the rates of basic pay.
The increase under the preceding sentence shall apply
only with respect to persons whose retired pay is
computed based on the rates of basic pay in effect on or
after the date of such increase in rates of basic pay.
``(B) Adjustments for retired pay colas.--In
addition to the increase under subparagraph (A), the
amounts under paragraph (1) with respect to which the
percentage factor of 2\1/2\ is applied shall be further
increased at the same time and by the same percentage as
an increase in retired pay under section 1401a of this
title effective on or after October 1, 1985. Such
increase under the preceding sentence shall apply only
with respect to a person who initially participates in
the Plan on a date which is after both the effective
date of such increase under section 1401a and the
effective date of the rates of basic pay upon which that
person's retired pay is computed.
``(5) Spouse coverage described.--For the purposes of
paragraph (1), a participant in the Plan who is providing spouse
coverage is a participant who--
``(A) has (i) a spouse or former spouse, or (ii) a
spouse or former spouse and a dependent child; and
``(B) has not elected to provide an annuity to a
person designated by him under section 1448(b)(1) of
this title or, having made such an election, has changed
his election in favor of his spouse under section
1450(f) of this title.
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay of
a participant in the Plan who is providing child-only coverage
(as described in paragraph (4)) shall be reduced by an amount
prescribed under regulations by the Secretary of Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
[[Page 110 STAT. 2574]]
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this title
and who provided child-only coverage during a period before the
participant becomes entitled to receive retired pay, the retired
pay of the participant shall be reduced by an amount prescribed
under regulations by the Secretary of Defense to reflect the
coverage provided under the Plan during the period before the
participant became entitled to receive retired pay. A reduction
under this paragraph is in addition to any reduction under
paragraph (1) and is made without regard to whether there is an
eligible dependent child during a month for which the reduction
is made.
``(4) Child-only coverage defined.--For the purposes of this
subsection, a participant in the Plan who is providing child-
only coverage is a participant who has a dependent child and
who--
``(A) does not have an eligible spouse or former
spouse; or
``(B) has a spouse or former spouse but has elected
to provide an annuity for dependent children only.
``(c) Reduction for Insurable Interest Coverage.--
``(1) Required reduction in retired pay.--The retired pay of
a person who has elected to provide an annuity to a person
designated by him under section 1450(a)(4) of this title shall
be reduced as follows:
``(A) Standard annuity.--In the case of a person
providing a standard annuity, the reduction shall be by
10 percent plus 5 percent for each full five years the
individual designated is younger than that person.
``(B) Reserve component annuity.--In the case of a
person providing a reserve-component annuity, the
reduction shall be by an amount prescribed under
regulations of the Secretary of Defense.
``(2) Limitation on total reduction.--The total reduction
under paragraph (1) may not exceed 40 percent.
``(3) Duration of reduction.--The reduction in retired pay
prescribed by this subsection shall continue during the lifetime
of the person designated under section 1450(a)(4) of this title
or until the person receiving retired pay changes his election
under section 1450(f) of this title.
``(4) Rule for computation.--Computation of a member's
retired pay for purposes of this subsection shall
be made without regard to any reduction under section 1409(b)(2) of this
title.
``(d) Deposits To Cover Periods When Retired Pay Not Paid.--
``(1) Required deposits.--If a person who has elected to
participate in the Plan has been awarded retired pay and is not
entitled to that pay for any period, that person must deposit in
the Treasury the amount that would otherwise have been deducted
from his pay for that period.
``(2) Deposits not required when participant on active
duty.--Paragraph (1) does not apply to a person with respect to
any period when that person is on active duty under a call or
order to active duty for a period of more than 30 days.
[[Page 110 STAT. 2575]]
``(e) Deposits Not Required for Certain Participants in CSRS.--When
a person who has elected to participate in the Plan waives that person's
retired pay for the purposes of subchapter III of chapter 83 of title 5,
that person shall not be required to make the deposit otherwise required
by subsection (d) as long as that waiver is in effect unless, in
accordance with section 8339(i) of title 5, that person has notified the
Office of Personnel Management that he does not desire a spouse
surviving him to receive an annuity under section 8331(b) of title 5.
``(f) Refunds of Deductions Not Allowed.--
``(1) General rule.--A person is not entitled to refund of
any amount deducted from retired pay under this section.
``(2) Exceptions.--Paragraph (1) does not apply--
``(A) in the case of a refund authorized by section
1450(e) of this title; or
``(B) in case of a deduction made through
administrative error.
``(g) Discontinuation of Participation by Participants Whose
Surviving Spouses Will Be Entitled to DIC.--
``(1) Discontinuation.--
``(A) Conditions.--Notwithstanding any other
provision of this subchapter but subject to paragraphs
(2) and (3), a person who has elected to participate in
the Plan and who is suffering from a service-connected
disability rated by the Secretary of Veterans Affairs as
totally disabling and has suffered from such disability
while so rated for a continuous period of 10 or more
years (or, if so rated for a lesser period, has suffered
from such disability while so rated for a continuous
period of not less than 5 years from the date of such
person's last discharge or release from active duty) may
discontinue participation in the Plan by submitting to
the Secretary concerned a request to discontinue
participation in the Plan.
``(B) Effective date.--Participation in the Plan of
a person who submits a request under subparagraph (A)
shall be discontinued effective on the first day of the
first month following the month in which the request
under subparagraph (A) is received by the Secretary
concerned. Effective on such date, the Secretary
concerned shall discontinue the reduction being made in
such person's retired pay on account of participation in
the Plan or, in the case of a person who has been
required to make deposits in the Treasury on account of
participation in the Plan, such person may discontinue
making such deposits effective on such date.
``(C) Form for request for discontinuation.--Any
request under this paragraph to discontinue
participation in the Plan shall be in such form and
shall contain such information as the Secretary
concerned may require by regulation.
``(2) Consent of beneficiaries required.--A person described
in paragraph (1) may not discontinue participation in the Plan
under such paragraph without the written consent of the
beneficiary or beneficiaries of such person under the Plan.
``(3) Information on plan to be provided by secretary
concerned.--
[[Page 110 STAT. 2576]]
``(A) Information to be provided promptly to
participant.--The Secretary concerned shall furnish
promptly to each person who files a request under
paragraph (1) to discontinue participation in the Plan a
written statement of the advantages of participating in
the Plan and the possible disadvantages of discontinuing
participation.
``(B) Right to withdraw discontinuation request.--A
person may withdraw a request made under paragraph (1)
if it is withdrawn within 30 days after having been
submitted to the Secretary concerned.
``(4) Refund of deductions from retired pay.--Upon the death
of a person described in paragraph (1) who discontinued
participation in the Plan in accordance with this subsection,
any amount deducted from the retired pay of that person under
this section shall be refunded to the person's surviving spouse.
``(5) Resumption of participation in plan.--
``(A) Conditions for resumption.--A person described
in paragraph (1) who discontinued participation in the
Plan may elect to participate again in the Plan if--
``(i) after having discontinued participation
in the Plan the Secretary of Veterans Affairs
reduces that person's service-connected disability
rating to a rating of less than total; and
``(ii) that person applies to the Secretary
concerned, within such period of time after the
reduction in such person's service-connected
disability rating has been made as the Secretary
concerned may prescribe, to again participate in
the Plan and includes in such application such
information as the Secretary concerned may
require.
``(B) Effective date of resumed coverage.--Such
person's participation in the Plan under
this paragraph is effective beginning on the first day of the month
after the month in which the Secretary concerned receives the
application for resumption of participation in the Plan.
``(C) Resumption of contributions.--When a person
elects to participate in the Plan under this paragraph,
the Secretary concerned shall begin making reductions in
that person's retired pay, or require such person to
make deposits in the Treasury under subsection (d), as
appropriate, effective on the effective date of such
participation under subparagraph (B).
``(h) Increases in Reduction With Increases in Retired Pay.--
``(1) General rule.--Whenever retired pay is increased under
section 1401a of this title (or any other provision of law), the
amount of the reduction to be made under subsection (a) or (b)
in the retired pay of any person shall be increased at the same
time and by the same percentage as such retired pay is so
increased.
``(i) Recomputation of Reduction Upon Recomputation of Retired
Pay.--When the retired pay of a person who first became a member of a
uniformed service on or after August 1, 1986, and who is a participant
in the Plan is recomputed under section 1410 of this title upon the
person's becoming 62 years of age,
[[Page 110 STAT. 2577]]
the amount of the reduction in such retired pay under this section shall
be recomputed (effective on the effective date of the recomputation of
such retired pay under section 1410 of this title) so as to be the
amount equal to the amount of such reduction that would be in effect on
that date if increases in such retired pay under section 1401a(b) of
this title, and increases in reductions in such retired pay under
subsection (h), had been computed as provided in paragraph (2) of
section 1401a(b) of this title (rather than under paragraph (3) of that
section).
``Sec. 1453. Recovery of amounts erroneously paid
``(a) Recovery.--In addition to any other method of recovery
provided by law, the Secretary concerned may authorize the recovery of
any amount erroneously paid to a person under this subchapter by
deduction from later payments to that person.
``(b) Authority To Waive Recovery.--Recovery of an amount
erroneously paid to a person under this subchapter is not required if,
in the judgment of the Secretary concerned and the Comptroller General--
``(1) there has been no fault by the person to whom the
amount was erroneously paid; and
``(2) recovery of such amount would be contrary to the
purposes of this subchapter or against equity and good
conscience.
``Sec. 1454. Correction of administrative errors
``(a) Authority.--The Secretary concerned may, under regulations
prescribed under section 1455 of this title, correct or revoke any
election under this subchapter when the Secretary considers it necessary
to correct an administrative error.
``(b) Finality.--Except when procured by fraud, a correction or
revocation under this section is final and conclusive on all officers of
the United States.
``Sec. 1455. <<NOTE: President.>> Regulations
``(a) In General.--The President shall prescribe regulations to
carry out this subchapter. Those regulations shall, so far as
practicable, be uniform for the uniformed services.
``(b) Notice of Elections.--Regulations prescribed under this
section shall provide that before the date on which a member becomes
entitled to retired pay--
``(1) if the member is married, the member and the member's
spouse shall be informed of the elections available under
section 1448(a) of this title and the effects of such elections;
and
``(2) if the notification referred to in section
1448(a)(3)(E) of this title is required, any former spouse of
the member shall be informed of the elections available and the
effects of such elections.
``(c) Procedure for Depositing Certain Receipts.--Regulations
prescribed under this section shall establish procedures for depositing
the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of
this title.
``(d) Payments to Guardians and Fiduciaries.--
``(1) In general.--Regulations prescribed under this section
shall provide procedures for the payment of an annuity under
this subchapter in the case of--
[[Page 110 STAT. 2578]]
``(A) a person for whom a guardian or other
fiduciary has been appointed; and
``(B) a minor, mentally incompetent, or otherwise
legally disabled person for whom a guardian or other
fiduciary has not been appointed.
``(2) Authorized procedures.--The regulations under
paragraph (1) may include provisions for the following:
``(A) In the case of an annuitant referred to in
paragraph (1)(A), payment of the annuity to the
appointed guardian or other fiduciary.
``(B) In the case of an annuitant referred to in
paragraph (1)(B), payment of the annuity to any person
who, in the judgment of the Secretary concerned, is
responsible for the care of the annuitant.
``(C) Subject to subparagraphs (D) and (E), a
requirement for the payee of an annuity to spend or
invest the amounts paid on behalf of the annuitant
solely for benefit of the annuitant.
``(D) Authority for the Secretary concerned to
permit the payee to withhold from the annuity payment
such amount, not in excess of 4 percent of the annuity,
as the Secretary concerned considers a reasonable fee
for the fiduciary services of the payee when a court
appointment order provides for payment of such a fee to
the payee for such services or the Secretary concerned
determines that payment of a fee to such payee is
necessary in order to obtain the fiduciary services of
the payee.
``(E) Authority for the Secretary concerned to
require the payee to provide a surety bond in an amount
sufficient to protect the interests of the annuitant and to pay for such
bond out of the annuity.
``(F) A requirement for the payee of an annuity to
maintain and, upon request, to provide to the Secretary
concerned an accounting of expenditures and investments
of amounts paid to the payee.
``(G) In the case of an annuitant referred to in
paragraph (1)(B)--
``(i) procedures for determining incompetency
and for selecting a payee to represent the
annuitant for the purposes of this section,
including provisions for notifying the annuitant
of the actions being taken to make such a
determination and to select a representative
payee, an opportunity for the annuitant to review
the evidence being considered, and an opportunity
for the annuitant to submit additional evidence
before the determination is made; and
``(ii) standards for determining incompetency,
including standards for determining the
sufficiency of medical evidence and other
evidence.
``(H) Provisions for any other matter that the
President considers appropriate in connection with the
payment of an annuity in the case of a person referred
to in paragraph (1).
``(3) Legal effect of payment to guardian or fiduciary.--An
annuity paid to a person on behalf of an annuitant in accordance
with the regulations prescribed pursuant to paragraph (1)
discharges the obligation of the United States for
[[Page 110 STAT. 2579]]
payment to the annuitant of the amount of the annuity so
paid.''.
SEC. 635. INCREASES IN SURVIVOR BENEFIT PLAN CONTRIBUTIONS TO BE
EFFECTIVE CONCURRENTLY WITH PAYMENT OF
RETIRED PAY COST-OF-LIVING INCREASES.
(a) Survivor Benefit Plan.--Section 1452(h) of title 10, United
States Code, as amended by section 634, is amended by adding at the end
the following new paragraph:
``(2) Coordination when payment of increase in retired pay
is delayed by law.--
``(A) In general.--Notwithstanding paragraph (1),
when the initial payment of an increase in retired pay
under section 1401a of this title (or any other
provision of law) to a person is for a month that begins
later than the effective date of that increase by reason
of the application of subsection (b)(2)(B) of such
section (or section 631(b) of Public Law 104-106 (110
Stat. 364)), then the amount of the reduction in the
person's retired pay shall be effective on the date of
that initial payment of the increase in retired pay
rather than the effective date of the increase in
retired pay.
``(B) Delay not to affect computation of annuity.--
Subparagraph (A) may not be construed as delaying, for
purposes of determining the amount of a monthly annuity
under section 1451 of this title, the effective date of
an increase in a base amount under subsection (h) of
such section from the effective date of an increase in
retired pay under section 1401a of this title to the
date on which the initial payment of that increase in
retired pay is made in accordance with subsection
(b)(2)(B) of such section.''.
(b) <<NOTE: Applicability. 10 USC 1452 note.>> Effective Date.--The
amendment made by subsection (a) shall apply with respect to retired pay
payable for months beginning on or after the date of the enactment of
this Act.
SEC. 636. AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES'
PROTECTION ACT.
(a) Manner of Service of Process.--Subsection (b)(1)(A) of section
1408 of title 10, United States Code, is amended by striking out
``certified or registered mail, return receipt requested'' and inserting
in lieu thereof ``facsimile or electronic transmission or by mail''.
(b) Subsequent Court Order From Another State.--Subsection (d) of
such section is amended by adding at the end the following new
paragraph:
``(6)(A) The Secretary concerned may not accept service of a court
order that is an out-of State modification, or comply with the
provisions of such a court order, unless the court issuing that order
has jurisdiction in the manner specified in subsection (c)(4) over both
the member and the spouse or former spouse involved.
``(B) A court order shall be considered to be an out-of-State
modification for purposes of this paragraph if the order--
``(i) modifies a previous court order under this section
upon which payments under this subsection are based; and
``(ii) is issued by a court of a State other than the State
of the court that issued the previous court order.''.
[[Page 110 STAT. 2580]]
SEC. 637. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY WAIVER OF
RETIRED PAY TO ENHANCE CIVIL SERVICE
RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--(1) Subsection
(c) of section 8332 of title 5, United States Code, is amended by adding
at the end the following new paragraph:
``(4) If, after January 1, 1997, an employee or Member waives
retired pay that is subject to a court order for which there has been
effective service on the Secretary concerned for purposes of section
1408 of title 10, the military service on which the retired pay is based
may be credited as service for purposes of this subchapter only if the
employee or Member authorizes the Director to deduct and withhold from
the annuity
payable to the employee or Member under this subchapter an amount equal
to the amount that, if the annuity payment was instead a payment of the
employee's or Member's retired pay, would have been deducted and
withheld and paid to the former spouse covered by the court order under
such section 1408. The amount deducted and withheld under this paragraph
shall be paid to that former spouse. The period of civil service
employment by the employee or Member shall not be taken into
consideration in determining the amount of the deductions and
withholding or the amount of the payment to the former
spouse. <<NOTE: Regulations.>> The Director of the Office of Personnel
Management shall prescribe regulations to carry out this paragraph.''.
(2) Paragraph (1) of such subsection is amended by striking out
``Except as provided in paragraph (2)'' and inserting in lieu thereof
``Except as provided in paragraphs (2) and (4)''.
(b) Federal Employees' Retirement System.--(1) Subsection (c) of
section 8411 of title 5, United States Code, is amended by adding at the
end the following new paragraph:
``(5) If, after January 1, 1997, an employee or Member waives
retired pay that is subject to a court order for which there has been
effective service on the Secretary concerned for purposes of section
1408 of title 10, the military service on which the retired pay is based
may be credited as service for purposes of this chapter only if the
employee or Member authorizes the Director to deduct and withhold from
the annuity payable to the employee or Member under this subchapter an
amount equal to the amount that, if the annuity payment was instead a
payment of the employee's or Member's retired pay, would have been
deducted and withheld and paid to the former spouse covered by the court
order under such section 1408. The amount deducted and withheld under
this paragraph shall be paid to that former spouse. The period of civil
service employment by the employee or Member shall not be taken into
consideration in determining the amount of the deductions and
withholding or the amount of the payment to the former spouse.
The <<NOTE: Regulations.>> Director of the Office of Personnel
Management shall prescribe regulations to carry out this paragraph.''.
(2) Paragraph (1) of such subsection is amended by striking ``Except
as provided in paragraph (2) or (3)'' and inserting ``Except as provided
in paragraphs (2), (3), and (5)''.
(c) <<NOTE: 5 USC 8332 note.>> Effective Date.--The amendments made
by subsections (a) and (b) shall take effect on January 1, 1997.
[[Page 110 STAT. 2581]]
SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM INCOME
WIDOWS.
(a) Adjusted Annual Income Limitation Appliable to Eligibility for
Income Supplement.--(1) Section 4 of Public Law 92-425 (10 U.S.C. 1448
note) is amended--
(A) in subsection (a)(3), by striking out ``$2,340'' and
inserting in lieu thereof ``the maximum annual rate of pension
in effect under section 1541(b) of title 38, United States
Code''; and
(B) in the first sentence of subsection (b), by striking out
``$2,340 a year'' and inserting in lieu thereof ``the maximum
annual rate of pension in effect under section 1541(b) of title
38, United States Code''.
(2) Subsection (c) of such section is repealed.
(b) Payments To Be Made by Secretary of Veterans Affairs.--Such
section is further amended by adding at the end the following new
subsection:
``(e)(1) Payment of annuities under this section shall be made by
the Secretary of Veterans Affairs. If appropriate for administrative
convenience (or otherwise determined appropriate by the Secretary of
Veterans Affairs), that Secretary may combine a payment to any person
for any month under this section with any other payment for that month
under laws administered by the Secretary so as to provide that person
with a single payment for that month.
``(2) The Secretary concerned shall annually transfer to the
Secretary of Veterans Affairs such amounts as may be necessary for
payments by the Secretary of Veterans Affairs under this section and for
costs of the Secretary of Veterans Affairs in administering this
section. Such transfers shall be made from amounts that would otherwise
be used for payment of annuities by the Secretary concerned under this
section. The authority to make such a transfer is in addition to any
other authority of the Secretary concerned to transfer funds for a
purpose other than the purpose for which the funds were originally made
available. In the case of a transfer by the Secretary of a military
department, the provisions of section 2215 of title 10, United States
Code, do not apply.
``(3) <<NOTE: Notification.>> The Secretary concerned shall
promptly notify the Secretary of Veterans Affairs of any change in
beneficiaries under this section.''.
(c) Clarification of Continuing Eligiblity for Department of
Veterans Affairs Pension.--Such section, as amended by subsection
(a)(2), is further amended by inserting after subsection (b) the
following new subsection (c):
``(c) The amount of an annuity payable under this section, although
counted as income in determining the amount of any pension described in
subsection (a)(2) of this section, shall not be considered to affect the
eligiblity of the recipient of such annuity for such pension, even
though, as a result of including the amount of the annuity as income, no
amount of such pension is due.''.
(d) <<NOTE: Applicability. 10 USC 1448 note.>> Effective Date.--The
amendments made by this section take effect on July 1, 1997, and apply
with respect to payments of benefits for any month after June 1997.
[[Page 110 STAT. 2582]]
Subtitle E--Other Matters
SEC. 651. DISCRETIONARY ALLOTMENT OF PAY, INCLUDING RETIRED OR
RETAINER PAY.
(a) Allotments Authorized.--Section 701 of title 37, United States
Code, is amended by striking out subsection (d) and inserting in lieu
thereof the following new subsections:
``(d) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary of Defense, a member of the Army, Navy, Air Force, or Marine
Corps and a contract surgeon of the Army, Navy, or Air Force may make
allotments from the pay of the member or surgeon for the purpose of
supporting relatives or for any other purpose that the Secretary
considers proper. Such allotments may include a maximum of six
allotments considered to be discretionary under such regulations. For a
member or former member entitled to retired or retainer pay, a maximum
of six discretionary allotments authorized during active military
service may be continued into retired status, and new discretionary
allotments may be authorized so long as the total number of
discretionary allotments does not exceed six.
``(e) If an allotment made under subsection (d) is paid to the
allottee before the disbursing officer receives a notice of
discontinuance from the officer required by regulation to furnish the
notice, the amount of the allotment shall be credited to the disbursing
officer. If an allotment is erroneously paid because the officer
required by regulation to so report failed to report the death of the
allotter or any other fact that makes the allotment not payable, the
amount of the payment not recovered from the allottee shall, if
practicable, be collected by the Secretary concerned from the officer
who failed to make the report.''.
(b) <<NOTE: 37 USC 701 note.>> Issuance of Regulations.--The
Secretaries of the military departments shall prescribe regulations
under subsection (d) of section 701 of title 37, United States Code, as
added by subsection (a), not later than October 1, 1997.
SEC. 652. REIMBURSEMENT FOR ADOPTION EXPENSES INCURRED IN
ADOPTIONS THROUGH PRIVATE PLACEMENTS.
(a) Department of Defense.--Section 1052(g) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the end
of the first sentence and inserting in lieu thereof ``qualified
adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child
placement through adoption.
``(B) A nonprofit, voluntary adoption agency which
is authorized by State or local law to place children
for adoption.
``(C) Any other source authorized by a State to
provide adoption placement if the adoption is supervised
by a court under State or local law.''.
(b) Coast Guard.--Section 514(g) of title 14, United States Code, is
amended--
[[Page 110 STAT. 2583]]
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the end
of the first sentence and inserting in lieu thereof ``qualified
adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child
placement through adoption.
``(B) A nonprofit, voluntary adoption agency which
is authorized by State or local law to place children
for adoption.
``(C) Any other source authorized by a State to
provide adoption placement if the adoption is supervised
by a court under State or local law.''.
SEC. 653. WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX
PURPOSES FROM CERTAIN SEPARATION PAY.
(a) In General.--Section 1174(h)(2) of title 10, United States Code,
is amended by inserting before the period at the end of the first
sentence the following: ``, less the amount of Federal income tax
withheld from such pay (such withholding being at the flat withholding
rate for Federal income tax withholding, as in effect pursuant to
regulations prescribed under chapter 24 of the Internal Revenue Code of
1986)''.
(b) <<NOTE: Applicability. 10 USC 1174 note.>> Effective Date.--The
amendments made by this section shall take effect on October 1, 1996,
and shall apply to payments of separation pay, severance pay, or
readjustment pay that are made after September 30, 1996.
SEC. 654. TECHNICAL CORRECTION CLARIFYING LIMITATION ON FURNISHING
CLOTHING OR ALLOWANCES FOR ENLISTED
NATIONAL GUARD TECHNICIANS.
Section 418(c) of title 37, United States Code, is amended by
striking out ``for which a uniform allowance is paid under section 415
or 416 of this title'' and inserting in lieu thereof ``for which
clothing is furnished or a uniform allowance is paid under this
section''.
SEC. 655. TECHNICAL CORRECTION TO PRIOR AUTHORITY FOR PAYMENT OF
BACKPAY TO CERTAIN PERSONS.
Section 634 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 366) is amended--
(1) in subsection (b)(1), by striking out ``Island of
Bataan'' and inserting in lieu thereof ``peninsula of Bataan or
island of Corregidor''; and
(2) in subsection (c), by inserting after the first sentence
the following: ``For the purposes of this subsection, the
Secretary of War shall be deemed to have determined
that conditions in the Philippines during the specified period justified
payment under applicable regulations of quarters and subsistence
allowances at the maximum special rate for duty where emergency
conditions existed.''.
[[Page 110 STAT. 2584]]
SEC. 656. <<NOTE: 50 USC app. 2005 note.>> COMPENSATION FOR
PERSONS AWARDED PRISONER OF WAR MEDAL WHO
DID NOT PREVIOUSLY RECEIVE COMPENSATION AS
A PRISONER OF WAR.
(a) Authority To Make Payments.--The Secretary of the military
department concerned shall make payments in the manner provided in
section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) to (or on
behalf of) any person described in subsection (b) who submits an
application for such payment in accordance with subsection (d).
(b) Eligible Persons.--This section applies with respect to a member
or former member of the Armed Forces who--
(1) has received the prisoner of war medal under section
1128 of title 10, United States Code; and
(2) has not previously received a payment under section 6 of
the War Claims Act of 1948 (50 U.S.C. App. 2005) with respect to
the period of internment for which the person received the
prisoner of war medal.
(c) Amount of Payment.--The amount of the payment to any person
under this section shall be determined based upon the provisions of
section 6 of the War Claims Act of 1948 that are applicable with respect
to the period of time during which the internment occurred for which the
person received the prisoner of war medal.
(d) One-Year Period for Submission of Applications.--A payment may
be made by reason of this section only in the case of a person who
submits an application to the Secretary concerned for such payment
during the one-year period beginning on the date of the enactment of
this Act. Any such application shall be submitted in such form and
manner as the Secretary may require.
SEC. 657. PAYMENTS TO CERTAIN PERSONS CAPTURED AND INTERNED BY
NORTH VIETNAM.
(a) Payment Authorized to Eligible Persons.--(1) Using amounts made
available under subsection (g), the Secretary of Defense shall make a
payment under this section to a person who demonstrates to the
satisfaction of the Secretary of Defense that the person was captured
and incarcerated by the Democratic Republic of Vietnam as a result of
the participation by the person in operations conducted under OPLAN 34A
or its predecessor.
(2) Using amounts made available under subsection (g), the Secretary
of Defense shall also make a payment under this section to a person who
demonstrates to the satisfaction of the Secretary of Defense that the
person--
(A) served as a Vietnamese operative pursuant to
OPLAN 35;
(B) was captured and incarcerated by North Vietnamese forces
as a result of the participation by the person in operations in
Laos or along the Lao-Vietnamese border pursuant to OPLAN 35;
(C) remained in captivity after 1973 (or died in
captivity); and
(D) has not previously received payment from the United
States for the period spent in captivity.
(3) A payment may not be made under this section to, or with respect
to, a person who the Secretary of Defense determines, based on the
available evidence, served in the Peoples Army of Vietnam or provided
active assistance to the Government of the
[[Page 110 STAT. 2585]]
Democratic Republic of Vietnam during the period from 1958 through 1975.
(b) Effect of Death of Eligible Person.--In the case of a decedent
who would have been eligible for a payment under this section if alive,
the documentation required under subsection (a) may be provided by
survivors of the decedent, and the payment under this section shall be
made to survivors of the decedent in the following order:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving
children (including natural children and adopted children) of
the decedent, in equal shares.
(c) Amount Payable.--The amount payable to, or with respect to, a
person under this section is $40,000. If a person can demonstrate to the
Secretary of Defense that confinement or incarceration exceeded 20
years, the Secretary may pay an additional $2,000 for each full year in
excess of 20 (and a proportionate amount for a partial year), but the
total amount paid to, or with respect to, a person under this section
may not exceed $50,000.
(d) Time Limitations.--(1) To be eligible for a payment under this
section, a claimant must file a claim for such payment with the
Secretary of Defense within 18 months of the effective date of the
regulations implementing this section.
(2) Not later than 18 months after receiving a claim for payment
under this section, the Secretary shall determine the eligibility of the
claimant for payment of the claim. Subject to subsection (f), if the
Secretary determines that the claimant is eligible for the payment, the
Secretary shall promptly pay the claim.
(e) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall include
procedures by which persons may submit claims for payment under this
section. Such regulations shall be prescribed not later than six months
after the date of the enactment of this Act.
(2) The Secretary of Defense may establish guidelines regarding what
constitutes adequate documentation for determining whether a person
satisfies the requirements specified in subsection (a) regarding
eligibility for a payment under this section. Such guidelines shall be
established in consultation with the heads of other agencies of the
Government involved with OPLAN 34A or its predecessor or OPLAN 35.
(f) Limitation on Disbursement.--(1) The actual disbursement of a
payment under this section may be made only
to the person who is eligible for the payment under subsection (a) or
(b) and only--
(A) upon the appearance of that person, in person, at any
designated disbursement office in the United States or its
territories; or
(B) at such other location or in such other manner as that
person may request in writing.
(2) In the case of a claim approved for payment but not disbursed as
a result of operation of paragraph (1), the Secretary of Defense shall
hold the funds in trust for the person in an interest bearing account
until such time as the person makes an election under such paragraph.
(g) Funding.--To the extent provided in advance for this section in
appropriations Acts, of amounts authorized to be appropriated
[[Page 110 STAT. 2586]]
under section 301(24) for this purpose, $20,000,000 shall be available
until expended for payments under this section.
(h) Payment in Full Satisfaction of Claims Against the United
States.--The acceptance of payment by, or with respect to, a person
under this section shall be in full satisfaction of all claims by or on
behalf of that individual against the United States arising from
operations under OPLAN 34A or its predecessor or OPLAN 35.
(i) Attorney Fees.--Notwithstanding any contract, the representative
of a person may not receive, for services rendered in connection with
the claim of, or with respect to, a person under this section, more than
10 percent of a payment made under this section on that claim.
(j) No Right to Judicial Review.--All determinations by the
Secretary of Defense pursuant to this section are final and conclusive,
notwithstanding any other provision of law. Claimants under this section
have no right to judicial review, and such review is specifically
precluded.
(k) Reports to Congress.--(1) Not later than 24 months after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the payment of claims under this section.
(2) After the submission of the report under paragraph (1), the
Secretary shall periodically submit to Congress a report on the status
of payment of claims under this section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of
military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical
munitions while serving as members of the Armed
Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health
care
delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain
clinical trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care
providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
[[Page 110 STAT. 2587]]
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial
Assistance program and Uniformed Services University
of the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical
research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of
Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial
Assistance program.
Subtitle A--Health Care Services
SEC. 701. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND PROSTATE
CANCER.
(a) Members and Former Members.--(1) Section 1074d of title 10,
United States Code, is amended--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Female''; and
(ii) by adding at the end the following new
paragraph:
``(2) Male members and former members of the uniformed services
entitled to medical care under section 1074 or 1074a of this title shall
also be entitled to preventive health care screening for colon or
prostate cancer at such intervals and using such screening methods as
the administering Secretaries consider appropriate.''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(8) Colon cancer screening, at the intervals and using the
screening methods prescribed under subsection (a)(2).''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 1074d. Certain primary and preventive health care services
(B) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as follows:
``1074d. Certain primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer, at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
[[Page 110 STAT. 2588]]
SEC. 702. IMPLEMENTATION OF REQUIREMENT FOR SELECTED RESERVE
DENTAL INSURANCE PLAN.
(a) Implementation by Contract.--Subsection (a) of section 1076b of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a) Authority To Establish
Plan.--'';
(2) by designating the third sentence as paragraph
(3); and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following new paragraph:
``(2) The Secretary shall provide benefits under the plan through
one or more contracts awarded after full and open competition.''.
(b) <<NOTE: Procedures.>> Collection of Premiums of Members Not
Receiving Basic Pay.--Subsection (b)(3) of such section is amended by
adding at the end the following: ``In the case of a member who does not
receive basic pay, the Secretary of Defense shall establish procedures
for the collection of the member's share of the premium for coverage.''.
(c) Schedule for Implementation.--Section 705(b) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 373; 10 U.S.C. 1076b note) is amended--
(1) in the first sentence, by striking out ``October 1,
1996'' and inserting in lieu thereof ``October 1, 1997''; and
(2) by striking out ``fiscal year 1996'' both places it
appears and inserting in lieu thereof ``fiscal years 1996 and
1997''.
SEC. 703. DENTAL INSURANCE PLAN FOR MILITARY RETIREES AND
UNREMARRIED SURVIVING SPOUSES AND CERTAIN
OTHER DEPENDENTS OF MILITARY RETIREES.
(a) Establishment of Dental Plan.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1076b the
following new section:
``Sec. 1076c. Dental insurance plan: certain retirees and their
surviving spouses and other dependents
``(a) Requirement for Plan.--The Secretary of Defense shall
establish a dental insurance plan for military retirees, certain
unremarried surviving spouses, and dependents in accordance with this
section.
``(b) Persons Eligible for Plan.--The following persons are eligible
to enroll in the dental insurance plan established under subsection (a):
``(1) Members of the Armed Forces who are entitled to
retired pay.
``(2) Members of the Retired Reserve who would be entitled
to retired pay under chapter 1223 of this title but for being
under 60 years of age.
``(3) Eligible dependents of a member described in paragraph
(1) or (2) who are covered by the enrollment of the member in
the plan.
``(4) The unremarried surviving spouse and eligible child
dependents of a deceased member--
``(A) who dies while in a status described in
paragraph (1) or (2); or
``(B) who is described in section 1448(d)(1) of this
title.
[[Page 110 STAT. 2589]]
``(c) Premiums.--(1) A member enrolled in the dental insurance plan
established under subsection (a) shall pay the premiums charged for the
insurance coverage.
``(2) The amount of the premiums payable by a member entitled to
retired pay shall be deducted and withheld from the retired pay and
shall be disbursed to pay the premiums. The regulations prescribed under
subsection (h) shall specify the procedures for payment of the premiums
by other enrolled members and by enrolled surviving spouses.
``(d) Benefits Available Under the Plan.--The dental insurance plan
established under subsection (a) shall provide benefits for basic dental
care and treatment, including diagnostic services, preventative
services, basic restorative services (including endodontics), surgical
services, and emergency services.
``(e) Coverage.--(1) The Secretary shall prescribe a minimum
required period for enrollment by a member or surviving spouse in the
dental insurance plan established under subsection (a).
``(2) The dental insurance plan shall provide for voluntary
enrollment of participants and shall authorize a member or eligible
unremarried surviving spouse to enroll for self only or for self and
eligible dependents.
``(f) Termination of Enrollment.--The Secretary shall terminate the
enrollment of any enrollee, and any eligible dependents of the enrollee
covered by the enrollment, in the dental insurance plan established
under subsection (a) upon the occurrence of the following:
``(1) In the case of an enrollment under subsection (b)(1),
termination of the member's entitlement to retired pay.
``(2) In the case of an enrollment under subsection (b)(2),
termination of the member's status as a member of the Retired
Reserve.
``(3) In the case of an enrollment under subsection (b)(4),
remarriage of the surviving spouse.
``(g) Continuation of Dependents' Enrollment Upon Death of
Enrollee.--Coverage of a dependent in the dental insurance plan
established under subsection (a) under an enrollment of a member or a
surviving spouse who dies during the period of enrollment shall continue
until the end of that period and may be renewed by (or for) the
dependent, so long as the premium paid is sufficient to cover
continuation of the dependent's enrollment. The Secretary may terminate
coverage of the dependent when the premiums paid are no longer
sufficient to cover continuation of the enrollment. The Secretary shall
prescribe in regulations under subsection (h) the parties responsible
for paying the remaining premiums due on the enrollment and the manner
for collection of the premiums.
``(h) Regulations.--The dental insurance plan established under
subsection (a) shall be administered under regulations prescribed by the
Secretary of Defense, in consultation with the Secretary of
Transportation.
``(i) Definitions.--In this section:
``(1) The term `eligible dependent' means a dependent
described in subparagraph (A), (D), or (I) of section 1072(2) of
this title.
``(2) The term `eligible child dependent' means a dependent
described in subparagraph (D) or (I) of section 1072(2) of this
title.
``(3) The term `retired pay' includes retainer pay.''.
[[Page 110 STAT. 2590]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076b the
following new item:
``1076c. Dental insurance plan: certain retirees and their surviving
spouses and other dependents.''.
(b) <<NOTE: 10 USC 1076c note.>> Implementation.--Beginning not
later than October 1, 1997, the Secretary of Defense shall--
(1) offer members of the Armed Forces and other persons
described in subsection (b) of section 1076c of title 10, United
States Code (as added by subsection (a)(1) of this section), the
opportunity to enroll in the dental insurance plan required
under that section; and
(2) begin to provide benefits under the plan.
SEC. 704. PLAN FOR HEALTH CARE COVERAGE FOR CHILDREN WITH MEDICAL
CONDITIONS CAUSED BY PARENTAL EXPOSURE TO
CHEMICAL MUNITIONS WHILE SERVING AS
MEMBERS OF THE ARMED FORCES.
(a) Plan Required.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall develop a plan for ensuring the
provision of medical care to any natural child of a member of the Armed
Forces (including former members and members discharged or otherwise
separated from active duty) who has a congenital defect or catastrophic
illness, proven to a reasonable degree of scientific certainty on the
basis of scientific research to have resulted from exposure of the
member to a chemical warfare agent or other hazardous material to which
the member was exposed during active military service.
(b) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit the
plan developed under subsection (a) to Congress.
(c) <<NOTE: Regulations.>> Definitions of Congenital Defect and
Catastrophic Illness.--The Secretary of Defense shall prescribe in
regulations a definition of the terms ``congenital defect'' and
``catastrophic illness'' for the purposes of this section.
Subtitle B--TRICARE Program
SEC. 711. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME
ENROLLEES.
Section 1079(h)(4) of title 10, United States Code, is amended in
the second sentence by striking out ``emergency''.
SEC. 712. IMPROVED INFORMATION EXCHANGE BETWEEN MILITARY TREATMENT
FACILITIES AND TRICARE PROGRAM
CONTRACTORS.
(a) Uniform Interfaces.--The Secretary of Defense shall ensure that
the automated medical information system being developed by the
Department of Defense (known as the Composite Health Care System)
provides for uniform interfaces between information systems of military
treatment facilities and private contractors under managed care programs
of the TRICARE program. The uniform interface shall provide for a full
electronic two-way exchange of health care information between the
military treatment facilities and contractor information systems,
including enrollment information, information regarding eligibility
determinations, provider net
[[Page 110 STAT. 2591]]
work information, appointment information, and information regarding the
existence of third-party payers.
(b) Amendment of Existing Contracts.--To assure a single consistent
source of information throughout the health care delivery system of the
uniformed services, the Secretary of Defense shall amend each TRICARE
program contract, with the consent of the TRICARE program contractor and
notwithstanding any requirement for competition, to require the
contractor--
(1) to use software furnished under the Composite Health
Care System to record military treatment facility provider
appointments; and
(2) to record TRICARE program enrollment through direct use
of the Composite Health Care System software or through the
uniform two-way interface between the contractor and military
treatment facilities systems, where applicable.
(c) Definition of TRICARE Program.--For purposes of this section,
the term ``TRICARE program'' means the managed health care program that
is established by the Secretary of Defense under the authority of
chapter 55 of title 10, United States Code, principally section 1097 of
such title, and includes the competitive selection of contractors to
financially underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed Services.
SEC. 713. PLANS <<NOTE: Reports.>> FOR MEDICARE SUBVENTION
DEMONSTRATION
PROGRAMS.
(a) Program for Enrollment in TRICARE Managed Care Option.--Not
later than September 6, 1996, the Secretary of Defense and the Secretary
of Health and Human Services shall jointly submit to Congress and the
President a report containing a specific plan (including the
recommendations of the Secretaries required under subsection (b))
regarding the establishment of a demonstration program under which--
(1) covered beneficiaries under chapter 55 of title 10,
United States Code, who are also entitled to benefits under part
A of the medicare program are permitted to enroll in the managed
care option of the TRICARE program; and
(2) the Secretary of Health and Human Services reimburses
the Secretary of Defense from the Medicare program on a
capitated basis for the costs of providing health care services
to military retirees who enroll.
(b) Specific Elements of Report.--The report shall include the
following:
(1) The number of covered beneficiaries described in
subsection (a) who are projected to participate in the
demonstration program and the minimum number of such
participants necessary to conduct the demonstration program
effectively.
(2) A plan for notifying such covered beneficiaries of their
eligibility for enrollment in the demonstration program and for
any other matters connected with enrollment.
(3) A recommendation for the duration of the demonstration
program.
(4) A recommendation for the geographic regions in which the
demonstration program should be conducted.
(5) The appropriate level of capitated reimbursement, and a
schedule for such reimbursement, from the Medicare program
[[Page 110 STAT. 2592]]
to the Department of Defense for health care services provided
enrollees in the demonstration program.
(6) An estimate of the amounts that, in the absence of the
demonstration program, would be required to be allocated by the
Department of Defense for the provision of health care services
to covered beneficiaries described in subsection (a) who reside
in the regions in which the demonstration program is proposed to
be conducted.
(7) An assessment of revisions to the allocation estimated
under paragraph (6) that would result from the conduct of the
demonstration program in such regions.
(8) An estimate of the cost to the Department of Defense and
to the Medicare program of providing health care services to
covered beneficiaries described in subsection (a) who enroll in
the demonstration program.
(9) An assessment of the likelihood of cost shifting among
the Department of Defense and the Medicare program under the
demonstration program.
(10) A proposal for mechanisms for reconciling and
reimbursing any improper payments among the Department of
Defense and the Medicare program under the demonstration
program.
(11) A methodology for evaluating the demonstration program,
including cost analyses.
(12) As assessment of the extent to which the TRICARE
program is prepared to meet requirements of the Medicare program
for purposes of the demonstration program and the provisions of
law or regulation that would have to be waived in order to
facilitate the carrying out of the demonstration program.
(13) An assessment of the impact of the demonstration
program on military readiness.
(14) Contingency plans for the provision of health care
services under the demonstration program in the event of the
mobilization of health care personnel.
(15) A recommendation of the reports that the Department of
Defense and the Department of Health and Human Services should
submit to Congress describing the conduct of the demonstration
program.
(c) Program for Enrollment in TRICARE Fee-For-Service Option.--Not
later than January 3, 1997, the Secretary of Defense and the Secretary
of Health and Human Services shall jointly submit to Congress and the
President a report on the feasibility and advisability of expanding the
demonstration program referred to in subsection (a) so as to provide the
Department of Defense with reimbursement from the Medicare program on a
fee-for-service basis for health care services provided covered
beneficiaries described in subsection (a) who enroll in the
demonstration program. The report shall include a proposal for the
expansion of the program if the expansion is determined to be advisable.
Subtitle C-- <<NOTE: 10 USC 1073 note.>> Uniformed Services Treatment
Facilities
SEC. 721. DEFINITIONS.
In this subtitle:
[[Page 110 STAT. 2593]]
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary of Transportation, and the
Secretary of Health and Human Services.
(2) The term ``agreement'' means the agreement required
under section 722(b) between the Secretary of Defense and a
designated provider.
(3) The term ``capitation payment'' means an actuarially
sound payment for a defined set of health care services that is
established on a per enrollee per month basis.
(4) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, other than a
beneficiary under section 1074(a) of such title.
(5) The term ``designated provider'' means a public or
nonprofit private entity that was a transferee of a Public
Health Service hospital or other station under section 987 of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35;
42 U.S.C. 248b) and that, before the date of the enactment of
this Act, was deemed to be a facility of the uniformed services
for the purposes of chapter 55 of title 10, United States Code.
The term includes any legal successor in interest of the
transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the ``TRICARE
PRIME'' option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED SERVICES
HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system of the
uniformed services shall include the designated providers.
(b) Agreements to Provide Managed Health Care
Services.--(1) After consultation with the other administering
Secretaries, the Secretary of Defense shall negotiate and enter into an
agreement with each designated provider under which the designated
provider will provide health care services in or through managed care
plans to covered beneficiaries who enroll with the designated provider.
(2) The agreement shall be entered into on a sole source basis. The
Federal Acquisition Regulation, except for those requirements regarding
competition, issued pursuant to section 25(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)) shall apply to the agreements
as acquisitions of commercial items.
(3) The implementation of an agreement is subject to availability of
funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier effective
date is agreed upon by the Secretary and the designated provider, the
agreement shall take effect upon the later of the following:
[[Page 110 STAT. 2594]]
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider whose
service area includes Seattle, Washington, shall implement its agreement
as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation Agreements.--
The Secretary shall extend the participation agreement of a designated
provider in effect immediately before the date of the enactment of this
Act under section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 42 U.S.C. 248c) until the
agreement required by this section takes effect under subsection (c).
(e) Service Area.--The Secretary may not reduce the size of the
service area of a designated provider below the size of the service area
in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1) Unless
otherwise agreed upon by the Secretary and a designated provider, the
designated provider shall comply with necessary and appropriate
administrative requirements established by the Secretary for other
providers of health care services and requirements established by the
Secretary of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C. 1395mm). The
Secretary and the designated provider shall determine and apply only
such administrative requirements as are minimally necessary and
appropriate. A designated provider shall not be required to comply with
a law or regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than five
percent of its primary care enrollment without the approval of the
Secretary, except in the case of primary care contracts between a
designated provider and a primary care contractor in force on the date
of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED
PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall offer to
enrollees the health benefit option prescribed and implemented by the
Secretary under section 731 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 1073 note),
including accompanying cost-sharing requirements.
(b) Time for Implementation of Benefit.--A designated provider shall
offer the health benefit option described in subsection (a) to enrollees
upon the later of the following:
(1) The date on which health care services within the health
care delivery system of the uniformed services are rendered
through the TRICARE program in the region in which the
designated provider operates.
(2) October 1, 1997.
(c) Adjustments.--The Secretary may establish a later date under
subsection (b)(2) or prescribe reduced cost-sharing requirements for
enrollees.
[[Page 110 STAT. 2595]]
SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.
(a) Fiscal Year 1997 Limitation.--(1) During fiscal year 1997, the
number of covered beneficiaries who are enrolled in managed care plans
offered by designated providers may not exceed the number of such
enrollees as of October 1, 1995.
(2) The Secretary may waive the limitation under paragraph (1) if
the Secretary determines that additional enrollment authority for a
designated provider is required to accommodate covered beneficiaries who
are dependents of members of the uniformed services entitled to health
care under section 1074(a) of title 10, United States Code.
(b) Permanent Limitation.--For each fiscal year beginning after
September 30, 1997, the number of enrollees in managed care plans
offered by designated providers may not exceed 110 percent of the number
of such enrollees as of the first day of the immediately preceding
fiscal year. The Secretary may waive this limitation as provided in
subsection (a)(2).
(c) Retention of Current Enrollees.--An enrollee in the managed care
plan of a designated provider as of September 30, 1997, or such earlier
date as the designated provider and the Secretary may agree upon, shall
continue receiving services from the designated provider pursuant to the
agreement entered into under section 722 unless the enrollee disenrolls
from the designated provider. Except as provided in subsection (e), the
administering Secretaries may not disenroll such an enrollee unless the
disenrollment is agreed to by the Secretary and the designated provider.
(d) Additional Enrollment Authority.--Other covered beneficiaries
may also receive health care services from a designated provider, except
that the designated provider may market such services to, and enroll,
only those covered beneficiaries who--
(1) do not have other primary health insurance coverage
(other than Medicare coverage) covering basic primary care and
inpatient and outpatient services; or
(2) are enrolled in the direct care system under the TRICARE
program, regardless of whether the covered beneficiaries were
users of the health care delivery system of the uniformed
services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a covered
beneficiary who desires to enroll in the managed care program of a
designated provider is also entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.), the covered beneficiary shall elect whether to receive health
care services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee who
subsequently violates the election made under this subsection and
receives benefits under part A of title XVIII of the Social Security
Act.
(f) Information Regarding Eligible Covered Beneficiaries.--The
Secretary shall provide, in a timely manner, a designated provider with
an accurate list of covered beneficiaries within the marketing area of
the designated provider to whom the designated provider may offer
enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection (b), the
Secretary shall require a private facility or
health care
[[Page 110 STAT. 2596]]
provider that is a health care provider under the Civilian Health and
Medical Program of the Uniformed Services to apply the payment rules
described in section 1074(c) of title 10, United States Code, in
imposing charges for health care that the private facility or provider
provides to enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed under
subsection (a) shall be subject to such modifications as the Secretary
considers appropriate. The Secretary may authorize a lower rate than the
maximum rate that would otherwise apply under subsection (a) if the
lower rate is agreed to by the designated provider and the private
facility or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations to
implement this section after consultation with the other administering
Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United States
Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the Secretary
and a designated provider, the form of payment for health care services
provided by a designated provider shall be on a full risk capitation
payment basis. The capitation payments shall be negotiated and agreed
upon by the Secretary and the designated provider. In addition to such
other factors as the parties may agree to apply, the capitation payments
shall be based on the utilization experience of enrollees and
competitive market rates for equivalent health care services for a
comparable population to such enrollees in the area in which the
designated provider is located.
(b) Limitation on Total Payments.--Total capitation payments for
health care services to a designated provider shall not exceed an amount
equal to the cost that would have been incurred by the Government if the
enrollees had received such health care services through a military
treatment facility, the TRICARE program, or the Medicare program, as the
case may be.
(c) Establishment of Payment Rates on Annual Basis.--The Secretary
and a designated provider shall establish capitation payments on an
annual basis, subject to periodic review for actuarial soundness and to
adjustment for any adverse or favorable selection reasonably anticipated
to result from the design of the program under this subtitle.
(d) Alternative Basis for Calculating Payments.--After September 30,
1999, the Secretary and a designated provider may mutually agree upon a
new basis for calculating capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 42 U.S.C. 248c note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c note).
[[Page 110 STAT. 2597]]
(b) Effective Date.--The amendments made by paragraphs (1), (2), and
(3) of subsection (a) shall take effect on October 1, 1997.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION REGARDING
NONMEDICALLY NECESSARY TREATMENT IN
CONNECTION WITH CERTAIN CLINICAL TRIALS.
(a) Waiver Authority.--Paragraph (13) of section 1079(a) of title
10, United States Code, is amended--
(1) by striking out ``any service'' and inserting in lieu
thereof ``Any service'';
(2) by striking out the semicolon at the end and inserting
in lieu thereof a period; and
(3) by adding at the end the following: ``Pursuant to an
agreement with the Secretary of Health and Human Services and
under such regulations as the Secretary of Defense may
prescribe, the Secretary of Defense may waive the operation of
this paragraph in connection with clinical trials sponsored or
approved by the National Institutes of Health if the Secretary
of Defense determines that such a waiver will promote access by
covered beneficiaries to promising new treatments and contribute
to the development of such treatments.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in the matter preceding paragraph (1), by striking out
``except that--'' and inserting in lieu thereof ``except as
follows:'';
(2) by capitalizing the first letter of the first word of
each of paragraphs (1) through (17);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (12) and paragraphs (14) and (15) and
inserting in lieu thereof a period; and
(4) in paragraph (16), by striking out ``; and'' and
inserting in lieu thereof a period.
SEC. 732. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL
HEALTH-CARE PROVIDERS UNDER CHAMPUS.
Section 1079(h) of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) In addition to the authority provided under paragraph (4), the
Secretary may authorize the commander of a facility of the uniformed
services, the lead agent (if other than the commander), and the health
care contractor to modify the payment limitations under paragraph (1)
for certain health care providers when necessary to ensure both the
availability of certain services for covered beneficiaries and lower
costs than would otherwise be incurred to provide the services.''.
SEC. 733. CODIFICATION OF ANNUAL AUTHORITY TO CREDIT CHAMPUS
REFUNDS TO CURRENT YEAR APPROPRIATION.
(a) Credits to CHAMPUS Accounts.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1079 the following
new section:
[[Page 110 STAT. 2598]]
``Sec. 1079a. CHAMPUS: treatment of refunds and other amounts
collected
``All refunds and other amounts collected in the administration of
the Civilian Health and Medical Program of the Uniformed Services shall
be credited to the appropriation available for that program for the
fiscal year in which the refund or amount is collected.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079 the
following new item:
``1079a. CHAMPUS: treatment of refunds and other amounts collected.''.
(b) Conforming Repeal.--Section 8094 of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 671), is
repealed.
SEC. 734. EXCEPTIONS TO REQUIREMENTS REGARDING OBTAINING
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Reference to Inpatient Medical Care.--(1) Section 1080(a) of
title 10, United States Code, is amended by inserting ``inpatient''
before ``medical care'' in the first sentence.
(2) Section 1086(e) of such title is amended in the first sentence
by striking out ``benefits'' and inserting in lieu thereof ``inpatient
medical care''.
(b) Waivers and Exceptions to Requirements.--(1) Section 1080 of
such title is amended by adding at the end the following new subsection:
``(c) Waivers and Exceptions to Requirements.--(1) A covered
beneficiary enrolled in a managed care plan offered pursuant to any
contract or agreement under this chapter for the provision of health
care services shall not be required to obtain a nonavailability-of-
health-care statement as a condition for the receipt of health care.
``(2) The Secretary of Defense may waive the requirement to obtain
nonavailability-of-health-care statements following an evaluation of the
effectiveness of such statements in optimizing the use of facilities of
the uniformed services.''.
(2) Section 1086(e) of such title is amended in the last sentence by
striking out ``section 1080(b)'' and inserting in lieu thereof
``subsections (b) and (c) of section 1080''.
(c) Conforming Amendments.--Section 1080(b) of such title is
amended--
(1) by striking out ``Nonavailability of Health Care
Statements'' and inserting in lieu thereof ``Nonavailability-of-
Health-Care Statements''; and
(2) by striking out ``nonavailability of health care
statement'' and inserting in lieu thereof ``nonavailability-of-
health-care statement''.
SEC. 735. ENHANCEMENT OF THIRD-PARTY COLLECTION AND SECONDARY
PAYER AUTHORITIES UNDER CHAMPUS.
(a) Retention and Use by Treatment Facilities of Amounts
Collected.--Subsection (g)(1) of section 1095 of title 10, United States
Code, is amended by inserting ``or through'' after ``provided at''.
(b) Expansion of Definition of Third-Party Payer.--Subsection (h) of
such section is amended--
[[Page 110 STAT. 2599]]
(1) in the first sentence of paragraph (1), by inserting
``and a workers' compensation program or plan'' before the
period; and
(2) in paragraph (2)--
(A) by striking out ``organization and'' and
inserting in lieu thereof a ``organization,''; and
(B) by inserting before the period at the end the
following: ``, and a personal injury protection plan or
medical payments benefit plan for personal injuries
resulting from the operation of a motor vehicle''.
(c) Applicability of Secondary Payer Requirement.--Section
1079(j)(1) of such title is amended by inserting after ``or health
plan'' the following: ``, including any plan offered by a third-party
payer (as defined in section 1095(h)(1) of this title),''.
Subtitle E--Other Matters
SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLIGATION UNDER
ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM AND
UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Armed Forces Health Professions Scholarship and Financial
Assistance Program.--Subsection (e) of section 2123 of title 10, United
States Code, is amended to read as follows:
``(e)(1) A member of the program who is relieved of the member's
active duty obligation under this subchapter before the completion of
that active duty obligation may be given, with or without the consent of
the member, any of the following alternative obligations, as determined
by the Secretary of the military department concerned:
``(A) A service obligation in another armed force for a
period of time not less than the member's remaining active duty
service obligation.
``(B) A service obligation in a component of the Selected
Reserve for a period not less than twice as long as the member's
remaining active duty service obligation.
``(C) Repayment to the Secretary of Defense of a percentage
of the total cost incurred by the Secretary under this
subchapter on behalf of the member equal to the percentage of
the member's total active duty service obligation being
relieved, plus interest.
``(2) In addition to the alternative obligations specified in
paragraph (1), if the member is relieved of an active duty obligation by
reason of the separation of the member because of a physical disability,
the Secretary of the military department concerned may give the member a
service obligation as a civilian employee employed as a health care
professional in a facility of the uniformed services for a period of
time equal to the member's remaining active duty service obligation.
``(3) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations describing the manner in which an alternative
obligation may be given under this subsection.''.
(b) Uniformed Services University of the Health Sciences.--Section
2114 of title 10, United States Code is amended by adding at the end the
following new subsection:
[[Page 110 STAT. 2600]]
``(h) A graduate of the University who is relieved of the graduate's
active-duty service obligation under subsection (b) before the
completion of that active-duty service obligation may be given, with or
without the consent of the graduate, an alternative obligation in the
same manner as provided in subparagraphs (A) and (B) of paragraph (1) of
section 2123(e)(1) of this title or paragraph (2) of such section for
members of the Armed Forces Health Professions Scholarship and Financial
Assistance program.''.
(c) Application <<NOTE: 10 USC 2114 note.>> of Amendments.--The
amendments made by this section shall apply with respect to individuals
who first become members of the Armed Forces Health Professions
Scholarship and Financial Assistance program or students of the
Uniformed Services University of the Health Sciences on or after October
1, 1996.
(d) Transition <<NOTE: 10 USC 2123 note.>> Provision.--(1) In the
case of any member of the Armed Forces Health Professions Scholarship
and Financial Assistance program who, as of October 1, 1996, is serving
an active duty obligation under the program or is incurring an active
duty obligation as a participant in the program, and who is subsequently
relieved of the active duty obligation before the completion of the
obligation, the alternative obligations authorized by the amendment made
by subsection (a) may be used by the Secretary of the military
department concerned with the agreement of the member.
(2) <<NOTE: 10 USC 2114 note.>> In the case of any person who, as of
October 1, 1996, is serving an active-duty service obligation as a
graduate of the Uniformed Services University of the Health Sciences or
is incurring an active-duty service obligation as a student of the
University, and who is subsequently relieved of the active-duty service
obligation before the completion of the obligation, the alternative
obligations authorized by the amendment made by subsection (b) may be
implemented by the Secretary of Defense with the agreement of the
person.
(e) Report on Utilization of Graduates of University.--Not later
than 120 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report on the utilization by the
Department of Defense of graduates of the Uniformed Services University
of the Health Sciences. The report shall include a discussion of means
of ensuring that graduates of the University have received training in
medical specialties for which the Department has particular need.
SEC. 742. EXTERNAL <<NOTE: 10 USC 1071 note.>> PEER REVIEW FOR
DEFENSE HEALTH PROGRAM EXTRAMURAL MEDICAL
RESEARCH INVOLVING HUMAN SUBJECTS.
(a) Establishment of External Peer Review Process.--The Secretary of
Defense shall establish a peer review process that will use persons who
are not officers or employees of the Government to review the research
protocols of medical research projects.
(b) Peer Review Requirements.--Funds of the Department of Defense
may not be obligated or expended for any medical research project unless
the research protocol for the project has been approved by the external
peer review process established under subsection (a).
(c) Medical Research Project Defined.--For purposes of this section,
the term ``medical research project'' means a research project that--
(1) involves the participation of human subjects;
[[Page 110 STAT. 2601]]
(2) is conducted solely by a non-Federal entity; and
(3) is funded through the Defense Health Program account.
(d) Effective <<NOTE: Applicability.>> Date.--The peer review
requirements of subsection (b) shall take effect on October 1, 1996,
and, except as provided in subsection (e), shall apply to all medical
research projects proposed funded on or after that date, including
medical research projects funded pursuant to any requirement of law
enacted before, on, or after that date.
(e) Exceptions.--Only the following medical research projects shall
be exempt from the peer review requirements of sub-
section (b):
(1) A medical research project that the Secretary determines
has been substantially completed by October 1, 1996.
(2) A medical research project funded pursuant to any
provision of law enacted on or after that date if the provision
of law specifically refers to this section and specifically
states that the peer review requirements do not apply.
SEC. 743. INDEPENDENT <<NOTE: 10 USC 1074 note.>> RESEARCH
REGARDING GULF WAR
SYNDROME.
(a) Definitions.--For purposes of this section:
(1) The term ``Gulf War service'' means service on active
duty as a member of the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War.
(2) The term ``Gulf War syndrome'' means the complex of
illnesses and symptoms commonly known as Gulf War syndrome.
(3) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
(b) Research.--The Secretary of Defense shall provide, by contract,
grant, or other transaction, for scientific research to be carried out
by entities independent of the Federal Government on possible causal
relationships between Gulf War syndrome and--
(1) the possible exposures of members of the Armed Forces to
chemical warfare agents or other hazardous materials during Gulf
War service; and
(2) the use by the Department of Defense during the Persian
Gulf War of combinations of various inoculations and
investigational new drugs.
(c) Procedures for Awarding Grants.--The Secretary shall prescribe
the procedures to be used to make research awards under subsection (b).
The procedures shall--
(1) include a comprehensive, independent peer-review process
for the evaluation of proposals for scientific research that are
submitted to the Department of Defense; and
(2) provide for the final selection of proposals for award
to be based on the scientific merit and program relevance of the
proposed research.
(d) Availability of Funds.--Of the amount authorized to be
appropriated under section 301(21) for defense medical programs,
$10,000,000 is available for research under subsection (b).
SEC. 744. COMPTROLLER GENERAL REVIEW OF HEALTH CARE ACTIVITIES OF
DEPARTMENT OF DEFENSE RELATING TO GULF WAR
ILLNESSES.
(a) Medical Research and Clinical Care Programs.--The Comptroller
General shall analyze the effectiveness of the medical research programs
and clinical care programs of the Department
[[Page 110 STAT. 2602]]
of Defense that relate to illnesses that might have been contracted by
members of the Armed Forces as a result of service in the Southwest Asia
theater of operations during the Persian Gulf War.
(b) Policies Regarding Investigational New Drugs.--The Comptroller
General shall analyze the scope and effectiveness of the policies of the
Department of Defense with respect to--
(1) the use of investigational new drugs during the Persian
Gulf War to treat members of the Armed Forces who served in the
Southwest Asia theater of operations; and
(2) the current use of investigational new drugs to treat
illnesses referred to in subsection (a).
(c) Administration of Medical Records.--The Comptroller General
shall analyze the administration of medical records by the military
departments in order to assess the extent to which such records
accurately reflect the pre-deployment medical assessments, immunization
records, informed consent releases, complaints during routine sick call,
emergency room visits, visits with unit medics during deployment, and
other relevant medical information relating to the members and former
members referred to in
subsection (a) with respect to the illnesses referred to in that
subsection.
(d) Reports.--Not later than March 1, 1997, the Comptroller General
shall submit to Congress a separate report on each of the analyses
required under subsections (a), (b), and (c).
SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT FACILITY PROGRAM.
Not later than April 1, 1997, the Secretary of Defense shall submit
to Congress a report evaluating the impact on the military health care
system of limiting the service area of a facility designated as part of
the specialized treatment facility program under section 1105 of title
10, United States Code, to not more than 100 miles from the facility.
SEC. 746. TUDY OF MEANS OF ENSURING UNIFORMITY IN PROVISION OF
MEDICAL AND DENTAL CARE FOR MEMBERS OF
RESERVE COMPONENTS.
(a) Study.--(1) In consultation with the Secretary of
Transportation, the Secretary of Defense shall conduct a study of means
of improving the provision of medical and dental care to members of the
reserve components referred to in paragraph (2) in order to ensure
uniformity and consistency in the provision of such care to such
members.
(2) The members of the reserve components referred to in paragraph
(1) are the following:
(A) Members on active duty, including active duty for
training and annual training duty.
(B) Members on full-time National Guard duty.
(C) Members on inactive-duty training, regardless of whether
such members are in a pay or nonpay status.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the study conducted under subsection (a). The report shall include
such recommendations (including recommendations for legislation) as the
Secretary considers appropriate.
[[Page 110 STAT. 2603]]
SEC. 747. SENSE OF CONGRESS REGARDING TAX TREATMENT OF ARMED
FORCES HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
It is the sense of Congress that the Secretary of Defense should
work with the Secretary of the Treasury to interpret section 117 of the
Internal Revenue Code of 1986 so that the limitation on the amount of a
qualified scholarship or qualified tuition reduction excluded from gross
income does not apply to any portion of a scholarship or financial
assistance provided by the Secretary of Defense to a person enrolled in
the Armed Forces Health Professions Scholarship and Financial Assistance
program under subchapter I of chapter 105 of title 10, United States
Code.
TITLE VIII--ACQUISITION POLICY,
ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in contracts
under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and
dependency of base on supplies available only from foreign
countries.
Sec. 830. Expansion of report on implementation of automated information
systems to include additional matters regarding information
resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
Subtitle A--Acquisition Management
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
[[Page 110 STAT. 2604]]
(b) Specific Programs.--Of the amounts made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1997 for the
purpose of carrying out programs sponsored by eligible entities referred
to in subparagraph (D) of section 2411(1) of title 10, United States
Code, that provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such title. If
there is an insufficient number of satisfactory proposals for
cooperative agreements in such distressed areas to allow effective use
of the funds made available in accordance with this subsection in such
areas, the funds shall be allocated among the Defense Contract
Administration Services regions in accordance with section 2415 of such
title.
SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1995'' and inserting
in lieu thereof ``1998''; and
(2) in paragraph (2), by striking out ``1996'' and inserting
in lieu thereof ``1999''.
SEC. 803. AUTHORITY <<NOTE: 10 USC 2430 note.>> TO WAIVE CERTAIN
REQUIREMENTS FOR DEFENSE ACQUISITION PILOT
PROGRAMS.
(a) Authority.--The Secretary of Defense may waive sections 2399,
2403, 2432, and 2433 of title 10, United States Code, in accordance with
this section for any defense acquisition program designated by the
Secretary of Defense for participation in the defense acquisition pilot
program authorized by section 809 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note).
(b) Operational Test and Evaluation.--The Secretary of Defense may
waive the requirements for operational test and evaluation for such a
defense acquisition program as set forth in section 2399 of title 10,
United States Code, if the Secretary--
(1) determines (without delegation) that such test would be
unreasonably expensive or impractical;
(2) develops a suitable alternate operational test program
for the system concerned;
(3) describes in the test and evaluation master plan, as
approved by the Director of Operational Test and Evaluation, the
method of evaluation that will be used to evaluate whether the
system will be effective and suitable for combat; and
(4) <<NOTE: Reports.>> submits to the congressional defense
committees a report containing the determination that was made
under paragraph (1), a justification for that determination, and
a copy of the plan required by paragraph (3).
(c) Contractor Guarantees for Major Weapons Systems.--The Secretary
of Defense may waive the requirements of section 2403 of title 10,
United States Code, for such a defense acquisition program if an
alternative guarantee is used that ensures high quality weapons systems.
(d) Selected Acquisition Reports.--The Secretary of Defense may
waive the requirements of sections 2432 and 2433 of title 10, United
States Code, for such a defense acquisition program if the Secretary
provides a single annual report to Congress at the end of each fiscal
year that describes the status of the program in relation to the
baseline description for the program established under section 2435 of
such title.
[[Page 110 STAT. 2605]]
SEC. 804. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) Authorized Officials.--(1) Subsection (a) of section 845 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1721; 10 U.S.C. 2371 note) is amended by inserting ``,
the Secretary of a military department, or any other official designated
by the Secretary of Defense'' after ``Agency''.
(2) Subsection (b)(2) of such section is amended to read as follows:
``(2) To the maximum extent practicable, competitive procedures
shall be used when entering into agreements to carry out projects under
subsection (a).''.
(b) Extension of Authority.--Subsection (c) of such section is
amended by striking out ``terminate'' and all that follows and inserting
in lieu thereof ``terminate at the end of September 30, 1999.''.
(c) Conforming and Technical Amendments.--Section 845 of such Act is
further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``(c)(2) and
(c)(3) of such section 2371, as redesignated by section
827(b)(1)(B),'' and inserting in lieu thereof ``(e)(2)
and (e)(3) of such section 2371''; and
(B) in paragraph (2), by inserting after
``Director'' the following: ``, Secretary, or other
official''; and
(2) in subsection (c), by striking out ``of the Director''.
SEC. 805. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR SYSTEMS.
(a) Increase and Adjustment.--Chapter 137 of title 10, United States
Code, is amended--
(1) in section 2302(5), by striking out the third sentence
and inserting in lieu thereof the following: ``A system shall be
considered a major system if (A) the conditions of section 2302d
of this title are satisfied, or (B) the system is designated a
`major system' by the head of the agency responsible for the
system.''; and
(2) by inserting after section 2302c the following:
``Sec. 2302d. Major system: definitional threshold amounts
``(a) Department of Defense Systems.--For purposes of section
2302(5) of this title, a system for which the Department of Defense is
responsible shall be considered a major system if--
``(1) the total expenditures for research, development,
test, and evaluation for the system are estimated to be more
than $115,000,000 (based on fiscal year 1990 constant dollars);
or
``(2) the eventual total expenditure for procurement of more
than $540,000,000 (based on fiscal year 1990 constant dollars).
``(b) Civilian Agency Systems.--For purposes of section 2302(5) of
this title, a system for which a civilian agency is responsible shall be
considered a major system if total expenditures for the system are
estimated to exceed the greater of--
``(1) $750,000 (based on fiscal year 1980 constant
dollars); or
``(2) the dollar threshold for a `major system' established
by the agency pursuant to Office of Management and Budget (OMB)
Circular A-109, entitled `Major Systems Acquisitions'.
[[Page 110 STAT. 2606]]
``(c) Adjustment Authority.--(1) The Secretary of Defense may adjust
the amounts and the base fiscal year provided in subsection (a) on the
basis of Department of Defense escalation rates.
``(2) An amount, as adjusted under paragraph (1), that is not evenly
divisible by $5,000,000 shall be rounded to the nearest multiple of
$5,000,000. In the case of an amount that is evenly divisible by
$2,500,000 but not evenly divisible by $5,000,000, the amount shall be
rounded to the next higher multiple of $5,000,000.
``(3) <<NOTE: Effective date.>> An adjustment under this subsection
shall be effective after the Secretary transmits to the Committee
on <<NOTE: Notification.>> Armed Services of the Senate and the
Committee on National Security of the House of Representatives a written
notification of the adjustment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2302c the following:
``2302d. Major system: definitional threshold amounts.''.
SEC. 806. REVISIONS IN INFORMATION REQUIRED TO BE INCLUDED IN SELECTED
ACQUISITION REPORTS.
Section 2432 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``and'' at the end of subpara-
graph (B);
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) the current procurement unit cost for each major
defense acquisition program included in the report and the
history of that cost from the date the program was first
included in a Selected Acquisition Report to the end of the
quarter for which the current report is submitted; and''; and
(2) in subsection (e), by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8).
SEC. 807. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR
HUMANITARIAN OR PEACEKEEPING OPERATIONS.
(a) Armed Services Acquisitions.--Section 2302(7) of title 10,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(7)'';
(2) by inserting after ``contingency operation'' the
following: ``or a humanitarian or peacekeeping operation''; and
(3) by adding at the end the following:
``(B) In subparagraph (A), the term `humanitarian or
peacekeeping operation' means a military operation in support of
the provision of humanitarian or foreign disaster assistance or
in support of a peacekeeping operation under chapter VI or VII
of the Charter of the United Nations. The term does not include
routine training, force rotation, or stationing.''.
(b) Civilian Agency Acquisitions.--Section 309(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
259(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by inserting after ``contingency operation'' the
following: ``or a humanitarian or peacekeeping operation''; and
(3) by adding at the end the following:
``(2) In paragraph (1):
[[Page 110 STAT. 2607]]
``(A) The term `contingency operation' has the meaning given
such term in section 101(a) of title 10, United States Code.
``(B) The term `humanitarian or peacekeeping operation'
means a military operation in support of the provision of
humanitarian or foreign disaster assistance or in support of a
peacekeeping operation under chapter VI or VII of the Charter of
the United Nations. The term does not include routine training,
force rotation, or stationing.''.
SEC. 808. EXPANSION OF AUDIT RECIPROCITY AMONG FEDERAL AGENCIES TO
INCLUDE POST-AWARD AUDITS.
(a) Armed Services Acquisitions.--Subsection (d) of section 2313 of
title 10, United States Code, is amended to read as follows:
``(d) Limitation on Audits Relating to Indirect Costs.--The head of
an agency may not perform an audit of indirect costs under a contract,
subcontract, or modification before or after entering into the contract,
subcontract, or modification in any case in which the contracting
officer determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted by any other
department or agency of the Federal Government within one year preceding
the date of the contracting officer's determination.''.
(b) Civilian Agency Acquisitions.--Subsection (d) of section 304C of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254d) is amended to read as follows:
``(d) Limitation on Audits Relating to Indirect Costs.--An executive
agency may not perform an audit of indirect costs under a contract,
subcontract, or modification before or after entering into the contract,
subcontract, or modification in any case in which the contracting
officer determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted by any other
department or agency of the Federal Government within one year preceding
the date of the contracting officer's determination.''.
(c) Guidelines <<NOTE: 31 USC 7505 note.>> for Acceptance of Audits
by State and Local Governments Receiving Federal Assistance.--The
Director of the Office of Management and Budget shall issue guidelines
to ensure that an audit of indirect costs performed by the Federal
Government is accepted by State and local governments that receive
Federal funds under contracts, grants, or other Federal assistance
programs.
SEC. 809. COMPENSATION OF CERTAIN CONTRACTOR PERSONNEL.
(a) Armed Services Procurements.--(1) During fiscal year 1997, the
head of an agency shall treat the costs described in paragraph (2) as
not allowable under a covered contract, in the same manner as costs
listed in section 2324(e)(1) of title 10, United States Code.
(2) The costs covered by paragraph (1) are costs of compensation
paid with respect to services of any one officer to the extent that the
total amount of the compensation paid in a fiscal year exceeds $250,000.
(b) Civilian Agency Procurements.--(1) During fiscal year 1997, an
executive agency shall treat the costs described in paragraph (2) as not
allowable under a covered contract, in the same manner as costs listed
in section 306(e)(1) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 256(e)(1)).
[[Page 110 STAT. 2608]]
(2) The costs covered by paragraph (1) are costs of compensation
paid with respect to services of any one officer to the extent that the
total amount of the compensation paid in a fiscal year exceeds $250,000.
(c) Definitions.--In this section:
(1) The term ``head of an agency'' has the meaning provided
in section 2302 of title 10, United States Code.
(2) The term ``executive agency'' has the meaning provided
in section 3 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 472).
(3) The term ``covered contract''--
(A) with respect to procurements subject to chapter
137 of title 10, United States Code, has the meaning
provided by section 2324(l) of such title; and
(B) with respect to procurements subject to title
III of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 251 et seq.), has the meaning
provided by section 306(l) of such Act (41 U.S.C.
256(l)).
(4) The term ``compensation'' means--
(A) the total amount of wages as defined in section
3401(a) of the Internal Revenue Code of 1986 for the
year concerned; and
(B) the total amount of elective deferrals (within
the meaning of section 402(g)(3) of such Code) for the
year concerned.
(5) The term ``officer'' means a person who is determined to
be in a senior management position as established by regulation.
(d) Review.--The Administrator for Federal Procurement Policy, in
consultation with the Secretary of Defense, shall conduct a
comprehensive review of the levels of compensation received by senior
executives of corporations performing a significant amount of business
with the Federal Government in order to determine the appropriate cost
allowability policy in this area. Such a review should include the
following:
(1) In consultation with the Secretary of the Treasury, an
examination of the appropriate definition and treatment of
compensation, including deferred compensation.
(2) An examination of the appropriate definition of senior
executive positions and any other positions that should be
covered under the cost allowability policy.
(3) An examination of how to apply the cost allowability
policy to individual contracts and aggregations of contracts
within a corporation.
(4) Any other matter related to the cost allowability of
executive compensation that the Administrator considers
appropriate.
(e) Legislative <<NOTE: President.>> Proposal.--Not later than March
1, 1997, the President shall submit to Congress a legislative proposal
incorporating the conclusions reached by the review conducted under
subsection (d) and establishing a statutory Government standard on the
cost allowability of executive compensation.
SEC. 810. EXCEPTION TO PROHIBITION ON PROCUREMENT OF
FOREIGN GOODS.
Section 2534(d)(3) of title 10, United States Code, is amended by
inserting ``or would impede the reciprocal procurement of defense
[[Page 110 STAT. 2609]]
items under a memorandum of understanding providing for reciprocal
procurement of defense items that is entered into under section 2531 of
this title,'' after ``a foreign country,''.
Subtitle B--Other Matters
SEC. 821. PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS UNDER
FREEDOM OF INFORMATION ACT.
(a) Armed Services Acquisitions.--Section 2305 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g) Prohibition on Release of Contractor Proposals.--(1) Except as
provided in paragraph (2), a proposal in the possession or control of
the Department of Defense may not be made available to any person under
section 552 of title 5.
``(2) Paragraph (1) does not apply to any proposal that is set forth
or incorporated by reference in a contract entered into between the
Department and the contractor that submitted the proposal.
``(3) In this subsection, the term `proposal' means any proposal,
including a technical, management, or cost proposal, submitted by a
contractor in response to the requirements of a solicitation for a
competitive proposal.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253b) is amended by adding at the end the following new subsection:
``(m) Prohibition on Release of Contractor Proposals.--(1) Except as
provided in paragraph (2), a proposal in the possession or control of an
executive agency may not be made available to any person under section
552 of title 5, United States Code.
``(2) Paragraph (1) does not apply to any proposal that is set forth
or incorporated by reference in a contract entered into between the
agency and the contractor that submitted the proposal.
``(3) In this subsection, the term `proposal' means any proposal,
including a technical, management, or cost proposal, submitted by a
contractor in response to the requirements of a solicitation for a
competitive proposal.''.
SEC. 822. AMENDMENTS RELATING TO REPORTS ON PROCUREMENT REGULATORY
ACTIVITY.
Subsection (g) of section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) is amended--
(1) in paragraph (1)--
(A) by striking out ``within 6 months after the date
of enactment of this section and every 6 months
thereafter'' and inserting in lieu thereof ``every 12
months''; and
(B) by inserting ``and'' after the semicolon at the
end;
(2) in paragraph (2)(H), by striking out ``; and'' and
inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
SEC. 823. AMENDMENT OF MULTIYEAR LIMITATION ON CONTRACTS FOR
INSPECTION, MAINTENANCE, AND REPAIR.
Paragraph (14) of section 210(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(a)) is amended by
striking out ``for periods not exceeding three years'' and inserting in
lieu thereof ``for periods not exceeding five years''.
[[Page 110 STAT. 2610]]
SEC. 824. STREAMLINED NOTICE REQUIREMENTS TO CONTRACTORS AND
EMPLOYEES REGARDING TERMINATION OR
SUBSTANTIAL REDUCTION IN CONTRACTS UNDER
MAJOR DEFENSE PROGRAMS.
(a) Elimination of Unnecessary Requirements.--Section 4471 of the
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 2501 note) is amended--
(1) by striking out subsection (a);
(2) by striking out subsection (f), except paragraph (4);
(3) by redesignating subsections (b), (c), (d), (e), and (g)
as subsections (a), (b), (c), (d), and (f), respectively; and
(4) by redesignating such paragraph (4) as subsection (e).
(b) Notice to Contractors.--Subsection (a) of such section, as
redesignated by subsection (a)(3), is amended by striking out paragraphs
(1) and (2) and inserting in lieu thereof the following:
``(1) shall identify each contract (if any) under major
defense programs of the Department of Defense that will be
terminated or substantially reduced as a result of the funding
levels provided in that Act; and
``(2) shall ensure that notice of the termination of, or
substantial reduction in, the funding of the contract is
provided--
``(A) directly to the prime contractor under the
con-
tract; and
``(B) directly to the Secretary of Labor.''.
(c) Notice to Subcontractors.--Subsection (b) of such section, as
redesignated by subsection (a)(3), is amended--
(1) by striking out ``As soon as'' and all that follows
through ``prime contractor shall--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``Not later than 60
days after the date on which the prime contractor for a contract
under a major defense program receives notice under subsection
(a), the prime contractor shall--'';
(2) in paragraph (1)--
(A) by striking out ``for that program under a
contract'' and inserting in lieu thereof ``under that
prime contract for subcontracts''; and
(B) by striking out ``for the program''; and
(3) in paragraph (2)(A), by striking out ``for the program
under a contract'' and inserting in lieu thereof ``for
subcontracts''.
(d) Notice to Employees and State Dislocated Worker Unit.--
Subsection (c) of such section, as redesignated by subsection (a)(3), is
amended by striking out ``under subsection (a)(1)'' and all that follows
through ``a defense program,'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``under subsection (a),''.
(e) Cross References and Conforming Amendments.--(1) Subsection (d)
of such section, as redesignated by subsection (a)(3), is amended--
(A) by striking out ``a major defense program provided under
subsection (d)(1)'' and inserting in lieu thereof ``a defense
contract provided under subsection (c)(1)''; and
(B) by striking out ``the program'' and inserting in lieu
thereof ``the contract''.
[[Page 110 STAT. 2611]]
(2) Subsection (e) of such section, as redesignated by subsection
(a)(4), is amended--
(A) by striking out ``eligibility'' and inserting in lieu
thereof ``Eligibility''; and
(B) by striking out ``under paragraph (3)'' and inserting in
lieu thereof ``or cancellation of the termination of, or
substantial reduction in, contract funding''.
(3) Subsection (f) of such section, as redesignated by subsection
(a)(3), is amended in paragraph (2)--
(A) by inserting ``a defense contract under'' before ``a
major defense program''; and
(B) by striking out ``contracts under the program'' and
inserting in lieu thereof ``the funds obligated by the
contract''.
SEC. 825. REPEAL OF NOTICE REQUIREMENTS FOR SUBSTANTIALLY OR
SERIOUSLY AFFECTED PARTIES IN DOWNSIZING
EFFORTS.
Sections 4101 and 4201 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1850, 1851; 10 U.S.C.
2391 note) are repealed.
SEC. 826. STUDY OF EFFECTIVENESS OF DEFENSE MERGERS.
(a) Study.--The Secretary of Defense shall conduct a study on
mergers and acquisitions in the defense sector. The study shall address
the following:
(1) The effectiveness of defense mergers and acquisitions in
eliminating excess capacity within the defense industry.
(2) The degree of change in the dependence by defense
contractors on defense-related Federal contracts within their
overall business after mergers.
(3) The effect on defense industry employment resulting from
defense mergers and acquisitions occurring during the three
years preceding the date of the enactment of this Act.
(4) The effect on competition for defense contracts.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the results of the study conducted under subsection (a).
SEC. 827. <<NOTE: 41 USC 10b-3.>> ANNUAL REPORT RELATING TO BUY AMERICAN
ACT.
The Secretary of Defense shall submit to Congress, not later than
120 days after the end of each fiscal year, a report on the amount of
purchases by the Department of Defense from foreign entities in that
fiscal year. Such report shall separately indicate the dollar value of
items for which the Buy American Act (41 U.S.C. 10a et seq.) was waived
pursuant to any of the following:
(1) Any reciprocal defense procurement memorandum of
understanding described in section 849(c)(2) of Public Law 103-
160 (41 U.S.C. 10b-2 note).
(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.)
(3) Any international agreement to which the United States
is a party.
SEC. 828. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Subsection (b) of section 2536 of title 10, United States Code, is
amended to read as follows:
[[Page 110 STAT. 2612]]
``(b) Waiver Authority.--(1) The Secretary concerned may waive the
application of subsection (a) to a contract award if--
``(A) the Secretary concerned determines that the waiver is
essential to the national security interests of the United
States; or
``(B) in the case of a contract awarded for environmental
restoration, remediation, or waste management at a Department of
Defense or Department of Energy facility--
``(i) the Secretary concerned determines that the
waiver will advance the environmental restoration,
remediation, or waste management objectives of the
department concerned and will not harm the national
security interests of the United States; and
``(ii) the entity to which the contract is awarded
is controlled by a foreign government with which the
Secretary concerned is authorized to exchange Restricted
Data under section 144 c. of the Atomic Energy Act of
1954 (42 U.S.C. 2164(c)).
``(2) <<NOTE: Notification.>> The Secretary concerned shall notify
Congress of any decision to grant a waiver under paragraph (1)(B) with
respect to a contract. The contract may be awarded only after the end of
the 45-day period beginning on the date the notification is received by
the committees.''.
SEC. 829. ASSESSMENT OF NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL
BASE AND DEPENDENCY OF BASE ON
SUPPLIES AVAILABLE ONLY FROM FOREIGN
COUNTRIES.
(a) National Security Objectives for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States Code, is
amended by adding at the end the following:
``(5) Providing for the development, manufacture, and supply
of items and technologies critical to the production and
sustainment of advanced military weapon systems within the
national technology and industrial base.''.
(b) National Defense Program for Analysis of the Technology and
Industrial Base.--Section 2503 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking out ``(1) The Secretary of Defense,
in consultation with the National Defense Technology and
Industrial Base Council,'' in paragraph (1) and
inserting in lieu thereof ``The Secretary of Defense'';
and
(B) by striking out paragraphs (2), (3), and (4);
and
(2) in subsection (c)(3)(A)--
(A) by striking out ``the National Defense
Technology and Industrial Base Council in'' and
inserting in lieu thereof ``the Secretary of Defense
for''; and
(B) by striking out ``and the periodic plans
required by section 2506 of this title''.
(c) Periodic Defense Capability Assessments, Including Foreign
Dependency.--(1) Section 2505 of title 10, United States Code, is
amended to read as follows:
``Sec. 2505. National technology and industrial base: periodic
defense capability assessments
``(a) Periodic Assessment.--Each fiscal year, the Secretary of
Defense shall prepare selected assessments of the capability
[[Page 110 STAT. 2613]]
of the national technology and industrial base to attain the national
security objectives set forth in section 2501(a) of this title. The
Secretary of Defense shall prepare such assessments in consultation with
the Secretary of Commerce and the Secretary of Energy.
``(b) Assessment Process.--The Secretary of Defense shall ensure
that technology and industrial capability assessments--
``(1) describe sectors or capabilities, their underlying
infrastructure and processes;
``(2) analyze present and projected financial performance of
industries supporting the sectors or capabilities in the
assessment; and
``(3) identify technological and industrial capabilities and
processes for which there is potential for the national
industrial and technology base not to be able to support the
achievement of national security objectives.
``(c) Assessment of Extent of Dependency on Foreign Source Items.--
Each assessment under subsection (a) shall include a separate discussion
and presentation regarding the extent to which the national technology
and industrial base is dependent on items for which the source of
supply, manufacture, or technology is outside of the United States and
Canada and for which there is no immediately available source in the
United States or Canada. The discussion and presentation regarding
foreign dependency shall--
``(1) identify cases that pose an unacceptable risk of
foreign dependency, as determined by the Secretary; and
``(2) present actions being taken or proposed to be taken to
remedy the risk posed by the cases identified under paragraph
(1), including efforts to develop a domestic source for the item
in question.
``(d) Integrated Process.--The Secretary of Defense shall ensure
that consideration of the technology and industrial base assessments is
integrated into the overall budget, acquisition, and logistics support
decision processes of the Department of Defense.''.
(2) Section 2502(b) of title 10, United States Code, is amended--
(A) by striking out ``the following responsibilities:'' and
all that follows through ``effective cooperation'' and inserting
in lieu thereof ``the responsibility to ensure effective
cooperation''; and
(B) by striking out paragraph (2); and
(3) by redesignating subparagraphs (A), (B), and (C) as paragraphs
(1), (2), and (3), respectively, and adjusting the margin of such
paragraphs two ems to the left.
(d) Repeal of Requirement for Periodic Defense Capability Plan;
Development of Policy Guidance.--Section 2506 of title 10, United States
Code, is amended to read as follows:
``Sec. 2506. Department of Defense technology and industrial base
policy guidance
``(a) Departmental Guidance.--The Secretary of Defense shall
prescribe departmental guidance for the attainment of each of the
national security objectives set forth in section 2501(a) of this title.
Such guidance shall provide for technological and industrial capability
considerations to be integrated into the budget allocation, weapons
acquisition, and logistics support decision processes.
``(b) Report to Congress.--The Secretary of Defense shall report on
the implementation of the departmental guidance in the
[[Page 110 STAT. 2614]]
annual report to Congress submitted pursuant to section 2504 of this
title.''.
(e) Annual Report to Congress.--Subchapter II of chapter 148 of
title 10, United States Code, is amended by inserting after section 2503
the following new section:
``Sec. 2504. Annual report to Congress
``The Secretary of Defense shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives by March 1 of each year a report which shall
include the following information:
``(1) A description of the departmental guidance prepared
pursuant to section 2506 of this title.
``(2) A description of the methods and analyses being
undertaken by the Department of Defense alone or in cooperation
with other Federal agencies, to identify and address concerns
regarding technological and industrial capabilities of the
national technology and industrial base.
``(3) A description of the assessments prepared pursuant to
section 2505 of this title and other analyses used in developing
the budget submission of the Department of Defense for the next
fiscal year.
``(4) Identification of each program designed to sustain
specific essential technological and industrial capabilities and
processes of the national technology and industrial base.''.
(f) Repeal of Requirement To Coordinate the Encouragement of
Technology Transfer With the Council.--Subsection 2514(c) of title 10,
United States Code, is amended by striking out paragraph (5).
(g) Clerical Amendments.--(1) The table of sections at the beginning
of subchapter II of chapter 148 of title 10, United States Code, is
amended by inserting after the item relating to section 2503 the
following new item:
``2504. Annual report to Congress.''.
(2) Such table of sections is further amended by striking out the
item relating to section 2506 and inserting in lieu thereof the
following new item:
``2506. Department of Defense technology and industrial base policy
guidance.''.
(h) Repeal <<NOTE: 10 USC 2501 note.>> of Superseded and Executed
Law.--Sections 4218, 4219, and 4220 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C.
2505 note and 2506 note) are repealed.
SEC. 830. EXPANSION <<NOTE: 10 USC 113 note.>> OF REPORT ON
IMPLEMENTATION OF AUTOMATED INFORMATION
SYSTEMS TO INCLUDE ADDITIONAL MATTERS
REGARDING INFORMATION RESOURCES
MANAGEMENT.
(a) Expanded Report.--The Secretary of Defense shall include in the
report submitted in 1997 under section 381(f) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
113 note) a discussion of the following matters relating to information
resources management:
(1) The progress made in implementing the Information
Technology Management Reform Act of 1996 (division E of Public
Law 104-106; 110 Stat. 679; 40 U.S.C. 1401 et seq.) and the
amendments made by that Act.
[[Page 110 STAT. 2615]]
(2) The progress made in implementing the strategy for the
development or modernization of automated information systems
for the Department of Defense, as required by section 366 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 275; 10 U.S.C. 113 note).
(3) Plans of the Department of Defense for establishing an
integrated framework for management of information resources
within the department.
(b) Specific Elements of Report.--The presentation of matters under
subsection (a) shall specifically include a discussion of the following:
(1) The status of the implementation of performance
measures.
(2) The specific actions being taken to link the proposed
performance measures to the planning, programming, and budgeting
system of the Department of Defense and to the life-cycle
management processes of the department.
(3) The results of pilot program testing of proposed
performance measures.
(4) The additional training necessary for the implementation
of performance-based information management.
(5) The department-wide actions that are necessary to
comply with the requirements of the following provisions of law:
(A) The amendments made by the Government
Performance and Results Act of 1993 (Public Law 103-62;
107 Stat. 285).
(B) The Information Technology Management Reform Act
of 1996 (division E of Public Law 104-106; 110 Stat.
679; 40 U.S.C. 1401 et seq.) and the amendments made by
that Act.
(C) Title V of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103-355; 108 Stat. 3349) and the
amendments made by that title.
(D) The Chief Financial Officers Act of 1990 (Public
Law 101-576; 104 Stat. 2838) and the amendments made by
that Act.
SEC. 831. <<NOTE: 10 USC 2302 note.>> YEAR 2000 SOFTWARE CONVERSION.
(a) Year 2000 Software Conversion.--The Secretary of Defense shall
ensure that, as soon as practicable, all information technology acquired
by the Department of Defense pursuant to contracts entered into after
September 30, 1996, has the capabilities to process date and date-
related data in 2000.
(b) Assessment.--The Secretary, acting through the chief information
officers within the department (as designated pursuant to section 3506
of title 44, United States Code), shall assess all information
technology within the Department of Defense to determine the extent to
which such technology has the capabilities to operate effectively.
(c) Plan.--Not later than January 1, 1997, the Secretary shall
submit to Congress a detailed plan for eliminating any
deficiencies identified pursuant to subsection (b). The plan shall
include--
(1) a list of affected major systems;
(2) a description of how the deficiencies could affect the
national security of the United States; and
[[Page 110 STAT. 2616]]
(3) an estimate and prioritization of the resources that are
necessary to eliminate the deficiencies.
SEC. 832. PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION
OF SMALL ARMS.
(a) Requirement.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2473. Procurements from the small arms production
industrial base
``(a) Authority To Limit Procurements To Certain Sources.--To the
extent that the Secretary of Defense determines necessary to preserve
the small arms production industrial base, the Secretary may require
that any procurement of property or services described in subsection (b)
for the Department of Defense be made only from a firm in the small arms
production industrial base.
``(b) Covered Property and Services.--Subsection (a) applies to the
following:
``(1) Repair parts for small arms.
``(2) Modifications of parts to improve small arms used by
the armed forces.
``(c) Small Arms Production Industrial Base.--In this section, the
term `small arms production industrial base' means the firms comprising
the small arms production industrial base, as described in the plan
entitled `Preservation of Critical Elements of the Small Arms Industrial
Base', dated January 8, 1994, that was prepared by an independent
assessment panel of the Army Science Board.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2473. Procurements from the small arms production industrial base.''.
SEC. 833. CABLE TELEVISION FRANCHISE AGREEMENTS.
Based on the advisory opinion from the United States Court of
Federal Claims, In the Matter of the Department of Defense Cable
Television Franchise Agreements, National Defense Authorization Act for
Fiscal Year 1996, Section 823, No. 96-133X (July 11, 1996)--
(1) cable television franchise agreements for the
construction, installation, or capital improvement of cable
systems at military installations shall be considered contracts
for purposes of the Federal Acquisition Regulation;
(2) cable television operators are entitled to recovery of
their investments at such installations to the extent authorized
in part 49 of the Federal Acquisition Regulation; and
(3) the appropriate official of the Department of Defense
shall promptly issue a written notice of the termination for the
convenience of the Government of the contracts described in such
advisory opinion and commence settlement negotiations pursuant
to the requirements of part 49 of the Federal Acquisition
Regulation.
[[Page 110 STAT. 2617]]
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the
unified combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the
Uniformed Services University of the Health Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
Subtitle A--General Matters
SEC. 901. REPEAL OF PREVIOUSLY ENACTED REDUCTION IN NUMBER OF
STATUTORY POSITIONS IN OFFICE OF THE
SECRETARY OF DEFENSE.
Section 903 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 401) <<NOTE: 10 USC 131, 131
note, 133a, 134a, 137, 138, 142, 167 note, 176, 1056, 1216, 1587,
10201.>> is repealed.
SEC. 902. ADDITIONAL REQUIRED REDUCTION IN DEFENSE ACQUISITION
WORKFORCE.
(a) Additional Reductions for Fiscal Year 1997.--Section 906(d) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 405) is amended in paragraph (1) by striking out
``positions during fiscal year 1996'' and all that follows and inserting
in lieu thereof ``so that--
``(A) the total number of defense acquisition personnel as
of October 1, 1996, is less than the baseline number by at least
15,000; and
``(B) the total number of defense acquisition personnel as
of October 1, 1997, is less than the baseline number by at least
30,000.''.
(b) Baseline Number.--Such section is further amended by adding at
the end the following new paragraph:
``(3) For purposes of this subsection, the term `baseline number'
means the total number of defense acquisition personnel as of October 1,
1995.''.
SEC. 903. REDUCTION <<NOTE: 10 USC 131 note.>> OF PERSONNEL
ASSIGNED TO OFFICE OF THE SECRETARY OF
DEFENSE.
(a) Permanent <<NOTE: Effective dates.>> Limitation on OSD
Personnel.--Effective October 1, 1999, the number of OSD personnel may
not exceed 75 percent of the baseline number.
[[Page 110 STAT. 2618]]
(b) Phased Reduction.--The number of OSD personnel--
(1) as of October 1, 1997, may not exceed 85 percent of the
baseline number; and
(2) as of October 1, 1998, may not exceed 80 percent of the
baseline number.
(c) Baseline Number.--For purposes of this section, the term
``baseline number'' means the number of OSD personnel as of
October 1, 1994.
(d) OSD Personnel Defined.--For purposes of this section, the term
``OSD personnel'' means military and civilian personnel of the
Department of Defense who are assigned to, or employed in, functions in
the Office of the Secretary of Defense (including Direct Support
Activities of that Office and the Washington Headquarters Services of
the Department of Defense).
(e) Limitation on Reassignment of Functions.--In carrying out
reductions in the number of personnel assigned to, or employed in, the
Office of the Secretary of Defense in order to comply with this section,
the Secretary of Defense may not reassign functions solely in order to
evade the requirements contained in this section.
(f) Flexibility.--If the Secretary of Defense determines, and
certifies to Congress, that the limitation in subsection (b) with
respect to any fiscal year would adversely affect United States national
security, the Secretary may waive the limitation under that subsection
with respect to that fiscal year. If the Secretary of Defense
determines, and certifies to Congress, that the limitation in subsection
(a) during fiscal year 1999 would adversely affect United States
national security, the Secretary may waive the limitation under that
subsection with respect to that fiscal year. The authority under this
subsection may be used only once, with respect to a single fiscal year.
(g) Repeal of Prior Requirement.--Section 901(d) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 401) is repealed.
SEC. 904. REPORT ON MILITARY DEPARTMENT HEADQUARTERS STAFFS.
(a) Review by Secretary of Defense.--The Secretary of Defense shall
conduct a review of the size, mission, organization, and functions of
the military department headquarters staffs. This review shall include
the following:
(1) An assessment on the adequacy of the present
organization structure to efficiently and effectively support
the mission of the military departments.
(2) An assessment of options to reduce the number of
personnel assigned to the military department headquarters
staffs.
(3) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense and
the military department headquarters staffs.
(4) An assessment of the possible benefits that could be
derived from further functional consolidation between the
civilian secretariat of the military departments and the staffs
of the military service chiefs.
(5) An assessment of the possible benefits that could be
derived from reducing the number of civilian officers in
the military departments who are appointed by and with the advice and
consent of the Senate.
[[Page 110 STAT. 2619]]
(b) Report.--Not later than March 1, 1997, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) the findings and conclusions of the Secretary resulting
from the review under subsection (a); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting rationale)
that would be required as a result of the review.
(c) Reduction in Total Number of Personnel Assigned.--In developing
the plan under subsection (b)(2), the Secretary shall make every effort
to provide for significant reductions in the overall number of military
and civilian personnel assigned to or serving in the military department
headquarters staffs.
(d) Military Department Headquarters Staffs Defined.--For the
purposes of this section, the term ``military department headquarters
staffs'' means the offices, organizations, and other elements of the
Department of Defense comprising the following:
(1) The Office of the Secretary of the Army.
(2) The Army Staff.
(3) The Office of the Secretary of the Air Force.
(4) The Air Staff.
(5) The Office of the Secretary of the Navy.
(6) The Office of the Chief of Naval Operations.
(7) Headquarters, Marine Corps.
SEC. 905. MATTERS <<NOTE: 10 USC 161 note.>> TO BE CONSIDERED IN
NEXT ASSESSMENT OF CURRENT MISSIONS,
RESPONSIBILITIES, AND FORCE STRUCTURE OF
THE UNIFIED COMBATANT COMMANDS.
The Chairman of the Joint Chiefs of Staff shall consider, as part of
the next periodic review by the Chairman of the missions,
responsibilities, and force structure of the unified combatant commands
pursuant to section 161(b) of title 10, United States Code, the
following matters:
(1) Whether there exists an adequate distribution of
threats, mission requirements, and responsibilities for
geographic areas among the regional unified combatant commands.
(2) Whether reductions in the overall force structure of the
Armed Forces permit the United States to better execute its
warfighting plans through fewer or differently configured
unified combatant commands, including--
(A) a total of five or fewer commands, all of which
are regional;
(B) a total of three commands consisting of an
eastward-oriented command, a westward-oriented command,
and a central command;
(C) a purely functional command structure, involving
(for example) a first theater command, a second theater
command, a logistics command, a special contingencies
command, and a strategic command; or
(D) any other command structure or configuration the
Chairman finds appropriate.
(3) Whether any missions, staff, facilities, equipment,
training programs, or other assets or activities of the unified
combatant commands are redundant.
(4) Whether warfighting requirements are adequate to justify
the current functional commands.
[[Page 110 STAT. 2620]]
(5) Whether the exclusion of certain nations from the Areas
of Responsibility of the unified combatant commands presents
difficulties with respect to the achievement of United States
national security objectives in those areas.
(6) Whether the current geographic boundary between the
United States Central Command and the United States European
Command through the Middle East could create command conflicts
in the context of a major regional conflict in the Middle East
region.
SEC. 906. TRANSFER OF AUTHORITY TO CONTROL TRANSPORTATION SYSTEMS
IN TIME OF WAR.
(a) Authority of Secretary of Defense.--Section 4742 of title 10,
United States Code, is amended by striking out ``Secretary of the Army''
and inserting in lieu thereof ``Secretary of Defense''.
(b) Transfer of Section.--Such section, as amended by subsection
(a), is transferred to the end of chapter 157 of such title and is
redesignated as section 2644.
(c) Conforming Repeal.--Section 9742 of such title is repealed.
(d) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 157 of such title is amended by adding at the end the
following new item:
``2644. Control of transportation systems in time of war.''.
(2) The table of sections at the beginning of chapter 447 of such
title is amended by striking out the item relating to section 4742.
(3) The table of sections at the beginning of chapter 947 of such
title is amended by striking out the item relating to section 9742.
SEC. 907. CODIFICATION OF REQUIREMENTS RELATING TO
CONTINUED OPERATION OF THE UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Codification of Existing Law.--(1) Chapter 104 of title 10,
United States Code, is amended by inserting after section 2112 the
following new section:
``Sec. 2112a. Continued operation of University
``(a) Closure Prohibited.--The University may not be closed.
``(b) Personnel <<NOTE: Effective date.>> Strength.--During the
five-year period beginning on October 1, 1996, the personnel staffing
levels for the University may not be reduced below the personnel
staffing levels for the University as of October 1, 1993.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2112 the
following new item:
``2112a. Continued operation of University.''.
(b) Repeal of Superseded Law.--(1) Section 922 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2829; 10 U.S.C. 2112 note) is amended by striking out subsection
(a).
(2) Section 1071 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 445; 10 U.S.C. 2112
note) is amended by striking out subsection (b).
[[Page 110 STAT. 2621]]
SEC. 908. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section <<NOTE: Effective date.>> 181 of title 10, United States
Code, as added effective January 31, 1997, is amended by adding at the
end the following new subsection:
``(d) Availability of Oversight Information to Congressional Defense
Committees.--(1) The Secretary of Defense shall ensure that, in the case
of a recommendation by the Chairman to the Secretary that is approved by
the Secretary, oversight information with respect to such recommendation
that is produced as a result of the activities of the Joint Requirements
Oversight Council is made available in a timely fashion to the
congressional defense committees.
``(2) In this subsection:
``(A) The term `oversight information' means information and
materials comprising analysis and justification that are
prepared to support a recommendation that is made to, and
approved by, the Secretary of Defense.
``(B) The term `congressional defense committees' means--
``(i) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 909. MEMBERSHIP OF THE AMMUNITION STORAGE BOARD.
Section 172(a) of title 10, United States Code, is amended by
striking out ``a joint board of officers selected by them'' and
inserting in lieu thereof ``a joint board selected by them composed of
officers, civilian officers and employees of the Department of Defense,
or both''.
SEC. 910. REMOVAL OF SECRETARY OF THE ARMY FROM MEMBERSHIP ON THE
FOREIGN TRADE ZONE BOARD.
The first section of the Act of June 18, 1934 (Public Law Numbered
397, Seventy-third Congress; 48 Stat. 998) (19 U.S.C. 81a), popularly
known as the ``Foreign Trade Zones Act'', is amended--
(1) in subsection (b), by striking out ``the Secretary of
the Treasury, and the Secretary of War'' and inserting in lieu
thereof ``and the Secretary of the Treasury''; and
(2) in subsection (c), by striking out ``Alaska, Hawaii,''.
SEC. 911. COMPOSITION OF AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) Selection of Board Members.--(1) Chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2255. Aircraft accident investigation boards: composition
requirements
``(a) Required Membership of Boards.--Whenever the Secretary of a
military department convenes an aircraft accident investigation board to
conduct an accident investigation (as described in section 2254(a)(2) of
this title) with respect to a Class A accident involving an aircraft
under the jurisdiction of the Secretary, the Secretary shall select the
membership of the board so that--
``(1) a majority of the members (or in the case of a board
consisting of a single member, the member) is selected from
[[Page 110 STAT. 2622]]
units other than the mishap unit or a unit subordinate to the
mishap unit; and
``(2) in the case of a board consisting of more than one
member, at least one member of the board is a member of the
armed forces or an officer or an employee of the Department of
Defense who possesses knowledge and expertise relevant to
aircraft accident investigations.
``(b) Exception.--(1) The Secretary of the military department
concerned may waive the requirement of subsection (a)(1) in the case of
an aircraft accident if the Secretary determines that--
``(A) it is not practicable to meet the requirement
because of--
``(i) the remote location of the aircraft accident;
``(ii) an urgent need to promptly begin the investi-
gation; or
``(iii) a lack of available persons outside of the
mishap unit who have adequate knowledge and expertise
regarding the type of aircraft involved in the accident;
and
``(B) the objectivity and independence of the aircraft
accident investigation board will not be compromised.
``(2) <<NOTE: Notification.>> The Secretary shall notify Congress of
a waiver exercised under this subsection and the reasons therefor.
``(c) Consultation Requirement.--In the case of an aircraft accident
investigation board consisting of a single member, the member shall
consult with a member of the armed forces or an officer or an employee
of the Department of Defense who possesses knowledge and expertise
relevant to aircraft accident investigations.
``(d) Designation of Class A Accidents.--Not later than 60 days
after an aircraft accident involving an aircraft under the jurisdiction
of the Secretary of a military department, the Secretary shall determine
whether the aircraft accident should be designated as a Class A accident
for purposes of this section.
``(e) Definitions.--In this section:
``(1) The term `Class A accident' means an accident
involving an aircraft that results in--
``(A) the loss of life or permanent disability;
``(B) damages to the aircraft, other property, or a
combination of both, in an amount in excess of the
amount specified by the Secretary of Defense for
purposes of determining Class A accidents; or
``(C) the destruction of the aircraft.
``(2) The term `mishap unit', with respect to an aircraft
accident investigation, means the unit of the armed forces (at
the squadron or battalion level or equivalent) to which was
assigned the flight crew of the aircraft that sustained the
accident that is the subject of the investigation.''.
(2) The table of sections at the beginning of subchapter II of such
chapter is amended by adding at the end the following new item:
``2255. Aircraft accident investigation boards: composition
requirements.''.
(b) Effective <<NOTE: Applicability. 10 USC 2255 note.>> Date.--
Section 2255 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any aircraft accident investigation
board convened by the Secretary of a military department after the end
of the six-month period beginning on the date of the enactment of this
Act.
[[Page 110 STAT. 2623]]
SEC. 912. <<NOTE: 10 USC 111 note.>> MISSION OF THE WHITE HOUSE
COMMUNICATIONS AGENCY.
(a) Telecommunications Support.--The Secretary of Defense shall
ensure that the activities of the White House Communications Agency in
providing support services on a nonreimbursable basis for the President
from funds appropriated for the Department of Defense for any fiscal
year are limited to the provision of telecommunications support to the
President and Vice President and to related elements (as defined in
regulations of that agency and specified by the President with respect
to particular individuals within those related elements).
(b) Other Support.--Support services other than telecommunications
support services described in subsection (a) may be provided by the
Department of Defense for the President through the White House
Communications Agency on a reimbursable basis.
(c) White House Communications Agency.--For purposes of this
section, the term ``White House Communications Agency'' means the
element of the Department of Defense within the Defense Communications
Agency that is known on the date of the enactment of this Act as the
White House Communications Agency and includes any successor agency.
(d) Report on Issues Raised by DOD Inspector General Review of White
House Communications Agency.--Not later than October 1, 1996, or 30 days
after the date of the enactment of this Act, whichever is later, the
Secretary of Defense shall submit to Congress a report setting forth the
actions taken by the Secretary to address the issues raised by the
report of the Department of Defense Inspector General reviewing the
mission of the White House Communications Agency.
(e) Quarterly Reports During Fiscal Year 1997.--Not later than 30
days after the end of each quarter of fiscal year 1997, the Secretary of
Defense shall submit to Congress a report describing the support
services other than telecommunications support services described in
subsection (a) that were provided during the preceding quarter by the
Department of Defense for the President through the White House
Communications Agency.
(f) Effective <<NOTE: Applicability.>> Date.--This section takes
effect on October 1, 1997, and applies to funds appropriated for the
Department of Defense for any fiscal year after fiscal year 1997.
Subtitle B--Force <<NOTE: Military Force Structure Review Act of
1996. 10 USC 111 note.>> Structure Review
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ``Military Force Structure Review
Act of 1996''.
SEC. 922. FINDINGS.
Congress makes the following findings:
(1) Since the collapse of the Soviet Union in 1991, the
United States has conducted two substantial assessments of the
force structure of the Armed Forces necessary to meet United
States defense requirements.
(2) The assessment by the Bush Administration (known as the
``Base Force'' assessment) and the assessment by the Clinton
Administration (known as the ``Bottom-Up Review'') were intended
to reassess the force structure of the Armed
[[Page 110 STAT. 2624]]
Forces in light of the changing realities of the post-Cold War
world.
(3) Both assessments served an important purpose in focusing
attention on the need to reevaluate the military posture of the
United States, but the pace of global change necessitates a new,
comprehensive assessment of the defense strategy of the United
States and the force structure of the Armed Forces required to
meet the threats to the United States in the twenty-first
century.
(4) The Bottom-Up Review has been criticized on several
points, including--
(A) the assumptions underlying the strategy of
planning to fight and win two nearly simultaneous major
regional conflicts;
(B) the force levels recommended to carry out that
strategy; and
(C) the funding proposed for such recommended force
levels.
(5) In response to the recommendations of the Commission on
Roles and Missions of the Armed Forces, the Secretary of Defense
endorsed the concept of conducting a quadrennial review of the
defense program at the beginning of each newly elected
Presidential administration, and the Department intends to
complete the first such review in 1997.
(6) The review is to involve a comprehensive examination of
defense strategy, the force structure of the active, guard, and
reserve components, force modernization plans, infrastructure,
and other elements of the defense program and policies in order
to determine and express the defense
strategy of the United States and to establish a revised defense program
through the year 2005.
(7) In order to ensure that the force structure of the Armed
Forces is adequate to meet the challenges to the national
security interests of the United States in the twenty-first
century, to assist the Secretary of Defense in conducting the
review referred to in paragraph (5), and to assess the
appropriate force structure of the Armed Forces through the year
2010 and beyond (if practicable), it is important to provide for
the conduct of an independent, nonpartisan review of the force
structure that is more comprehensive than prior assessments of
the force structure, extends beyond the quadrennial defense
review, and explores innovative and forward-thinking ways of
meeting such challenges.
SEC. 923. QUADRENNIAL DEFENSE REVIEW.
(a) Requirement in 1997.--The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, shall complete in 1997 a
review of the defense program of the United States intended to satisfy
the requirements for a Quadrennial Defense Review as identified in the
recommendations of the Commission on Roles and Missions of the Armed
Forces. The review shall include a comprehensive examination of the
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies with a view toward determining and expressing the defense
strategy of the United States and establishing a revised defense program
through the year 2005.
[[Page 110 STAT. 2625]]
(b) Involvement of National Defense Panel.--(1) The Secretary shall
apprise the National Defense Panel established under section 924, on an
ongoing basis, of the work undertaken in the conduct of the review.
(2) Not later than March 14, 1997, the Chairman of the National
Defense Panel shall submit to the Secretary the Panel's assessment of
work undertaken in the conduct of the review as of that date and shall
include in the assessment the recommendations of the Panel for
improvements to the review, including recommendations for additional
matters to be covered in the review.
(c) Assessments of Review.--Upon completion of the review, the
Chairman of the Joint Chiefs of Staff and the Chairman of the National
Defense Panel, on behalf of the Panel, shall each prepare and submit to
the Secretary such Chairman's assessment of the review in time for the
inclusion of the assessment in its entirety in the report under
subsection (d).
(d) Report.--Not later than May 15, 1997, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a comprehensive report
on the review. The report shall include the following:
(1) The results of the review, including a comprehensive
discussion of the defense strategy of the United States and the
force structure best suited to implement that strategy.
(2) The threats examined for purposes of the review and the
scenarios developed in the examination of such threats.
(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and mission-
sharing, levels of acceptable risk, warning times, and intensity
and duration of conflict.
(4) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
(5) The effect on the force structure of the utilization by
the Armed Forces of technologies anticipated to be available by
the year 2005, including precision guided munitions, stealth,
night vision, digitization, and communications, and the changes
in doctrine and operational concepts that would result from the
utilization of such technologies.
(6) The manpower and sustainment policies required under the
defense strategy to support engagement in conflicts lasting more
than 120 days.
(7) The anticipated roles and missions of the reserve
components in the defense strategy and the strength,
capabilities, and equipment necessary to assure that the reserve
components can capably discharge those roles and missions.
(8) The appropriate ratio of combat forces to support forces
(commonly referred to as the ``tooth-to-tail'' ratio) under the
defense strategy, including, in particular, the appropriate
number and size of headquarter units and Defense Agencies for
that purpose.
(9) The air-lift and sea-lift capabilities required to
support the defense strategy.
(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the defense strategy
for conflict deterrence and adequate military response to
anticipated conflicts.
[[Page 110 STAT. 2626]]
(11) The extent to which resources must be shifted among two
or more theaters under the defense strategy in the event of
conflict in such theaters.
(12) The advisability of revisions to the Unified Command
Plan as a result of the defense strategy.
(13) Any other matter the Secretary considers appropriate.
SEC. 924. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the Secretary
of Defense shall establish a nonpartisan, independent panel to be known
as the National Defense Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(b) Membership.--The Panel shall be composed of a chairman and eight
other individuals appointed by the Secretary, in consultation with the
chairman and ranking member of the Committee on Armed Services of the
Senate and the chairman and ranking member of the Committee on National
Security of the House of Representatives, from among individuals in the
private sector who are recognized experts in matters relating to the
national security of the United States.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the review under section 923 that is required by subsection
(b)(2) of that section;
(2) conduct and submit to the Secretary the comprehensive
assessment of the review that is required by subsection (c) of
that section upon completion of the review; and
(3) conduct the assessment of alternative force structures
for the Armed Forces required under subsection (d).
(d) Alternative Force Structure Assessment.--(1) The Panel shall
submit to the Secretary an independent assessment of a variety of
possible force structures of the Armed Forces through the year 2010 and
beyond, including the force structure identified in the report on the
review under section 923(d). The purpose of the assessment is to develop
proposals for an ``above the line'' force structure of the Armed Forces
and to provide the Secretary and Congress recommendations regarding the
optimal force structure to meet anticipated threats to the national
security of the United States through the time covered by the
assessment.
(2) In conducting the assessment, the Panel shall examine a variety
of potential threats (including near-term threats and long-term threats)
to the national security interests of the United States, including the
following:
(A) Conventional threats across a spectrum of conflicts.
(B) The proliferation of weapons of mass destruction and the
means of delivering such weapons, and the illicit transfer of
technology relating to such weapons.
(C) The vulnerability of United States technology to
nontraditional threats, including information warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major potential adversary having
military capabilities similar to those of the United States.
(F) Any other significant threat, or combination of threats,
identified by the Panel.
[[Page 110 STAT. 2627]]
(3) For purposes of the assessment, the Panel shall develop a
variety of scenarios requiring a military response by the United States,
including the following:
(A) Scenarios developed in light of the threats examined
under paragraph (2).
(B) Scenarios developed in light of a continuum of conflicts
ranging from a conflict of lesser magnitude than the conflict
described in the Bottom-Up Review to a conflict of greater
magnitude than the conflict so described.
(4) As part of the assessment, the Panel shall also--
(A) develop recommendations regarding a variety of force
structures for the Armed Forces that permit the forward
deployment of sufficient air, land, and sea-based forces to
provide an effective deterrent to conflict and to permit a
military response by the United States to the scenarios
developed under paragraph (3);
(B) to the extent practicable, estimate the funding required
by fiscal year, in constant fiscal year 1997 dollars, to
organize, equip, and support the forces contemplated under the
force structures assessed in the assessment; and
(C) comment on each of the matters also to be included by
the Secretary in the report required by section 923(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel shall
submit to the Secretary a report setting forth the activities and the
findings and recommendations of the Panel under subsection (d),
including any recommendations for legislation that the Panel considers
appropriate.
(2) Not later than December 15, 1997, the Secretary shall, after
consultation with the Chairman of the Joint Chiefs of Staff, submit to
the committees referred to in subsection (b) a copy of the report under
paragraph (1), together with the Secretary's comments on the report.
(f) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other Federal department and agency such information as the
Panel considers necessary to carry out its duties under this section.
The head of the department or agency concerned shall ensure that
information requested by the Panel under this subsection is promptly
provided.
(g) Personnel Matters.--(1) Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Panel.
(2) The members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director, and a staff of not more than four additional individuals, if
the Panel determines that an executive director and staff are necessary
in order for the Panel to perform its duties effectively. The employment
of an executive director shall be subject to confirmation by the Panel.
[[Page 110 STAT. 2628]]
(B) The chairman may fix the compensation of the executive director
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate of pay
for the executive director may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the Panel
without reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege. The Secretary shall ensure
that sufficient personnel are detailed to the Panel to enable the Panel
to carry out its duties effectively.
(5) To the maximum extent practicable, the members and employees of
the Panel shall travel on military aircraft, military ships, military
vehicles, or other military conveyances when travel is necessary in the
performance of a duty of the Panel, except that no such aircraft, ship,
vehicle, or other conveyance may be scheduled primarily for the
transportation of any such member or employee when the cost of
commercial transportation is less expensive.
(h) Administrative Provisions.--(1) The Panel may use the United
States mails and obtain printing and binding services in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or donations of
services or property.
(i) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of Defense for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(j) Termination.--The Panel shall terminate 30 days after the date
on which the Panel submits its report to the Secretary under subsection
(e).
SEC. 925. POSTPONEMENT OF DEADLINES.
If the Presidential election in 1996 results in the election of a
new President, each deadline set forth in this subtitle shall be
postponed by three months.
SEC. 926. DEFINITIONS.
In this subtitle:
(1) The term `` `above the line' force structure of the
Armed Forces'' means the force structure (including numbers,
strengths, and composition and major items of equipment) for the
Armed Forces at the following unit levels:
(A) In the case of the Army, the division.
(B) In the case of the Navy, the battle group.
(C) In the case of the Air Force, the wing.
(D) In the case of the Marine Corps, the
expeditionary force.
(E) In the case of special operations forces of the
Army, Navy, or Air Force, the major operating unit.
[[Page 110 STAT. 2629]]
(F) In the case of the strategic forces, the
ballistic missile submarine fleet, the heavy bomber
force, and the intercontinental ballistic missile force.
(2) The term ``Commission on Roles and Missions of the Armed
Forces'' means the Commission on Roles and Missions of the Armed
Forces established by subtitle E of title IX of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1738; 10 U.S.C. 111 note).
(3) The term ``military operation other than war'' means any
operation other than war that requires the utilization of the
military capabilities of the Armed Forces, including peace
operations, humanitarian assistance operations and activities,
counter-terrorism operations and activities, disaster relief
activities, and counter-drug operations and activities.
(4) The term ``peace operations'' means military operations
in support of diplomatic efforts to reach long-term political
settlements of conflicts and includes peacekeeping operations
and peace enforcement operations.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class
ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of
National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and
counter-drug
activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement
activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
[[Page 110 STAT. 2630]]
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against
strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery
relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. 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. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime
prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the
Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense
organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on
members of the uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for
certain savings institutions serving military
personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
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 Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
1997 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations 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 Secretary of Defense
may transfer under the authority of this section may not exceed
$2,000,000,000.
[[Page 110 STAT. 2631]]
(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 Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority 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 transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. <<NOTE: 10 USC 114 note.>> INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill H.R. 3230 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 appropriated 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 requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution <<NOTE: President.>> 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. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL
YEAR 1996 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may be
obligated and expended for programs, projects, and activities of the
Department of Defense in accordance with fiscal year 1996 defense
appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1996 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1996 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1996 defense appropriations.--The term
``fiscal year 1996 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1996 in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61).
(2) Fiscal year 1996 defense authorizations.--The term
``fiscal year 1996 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
[[Page 110 STAT. 2632]]
for fiscal year 1996 in the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106).
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1996.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1996 in the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-
134).
SEC. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/MARINE CORPS AND
AIR FORCE AMMUNITION ACCOUNTS.
Section 114 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(f) In each budget submitted by the President to Congress under
section 1105 of title 31, amounts requested for procurement of
ammunition for the Navy and Marine Corps, and for procurement of
ammunition for the Air Force, shall be set forth separately from other
amounts requested for procurement.''.
SEC. 1006. FORMAT FOR ANNUAL BUDGET REQUESTS FOR DEFENSE AIRBORNE
RECONNAISSANCE PROGRAM.
(a) Separate Display Required.--The Secretary of Defense shall
ensure that in the budget justification documents for any fiscal year
there are set forth separately the amount requested for research,
development, test, and evaluation, and the amount requested for
procurement, for each program area within the Defense Airborne
Reconnaissance Program.
(b) Program Areas Within Defense Airborne Reconnaissance Program.--
For purposes of subsection (a), the programs of the Defense Airborne
Reconnaissance Program shall be categorized as being within one of the
following areas:
(1) Tactical unmanned aerial vehicles.
(2) Endurance unmanned aerial vehicles.
(3) Airborne reconnaissance systems.
(4) Manned reconnaissance systems.
(5) Distributed common ground systems.
(6) Any additional program area established by the Secretary
of Defense.
(c) Budget Justification Documents.--For purposes of subsection (a),
the term ``budget justification documents'' means the supporting budget
documentation submitted to the congressional defense committees in
support of the budget of the Department of Defense for a fiscal year as
included in the budget of the President submitted under section 1105 of
title 31, United States Code, for that fiscal year.
SEC. 1007. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS
TRANSFERRED TO THE COAST GUARD.
(a) Limitation to National Security Functions.--Funds appropriated
to the Department of Defense for fiscal year 1997 that are transferred
pursuant to law to the Coast Guard may be used only for the performance
of national security functions of the Coast Guard in support of the
Department of Defense.
[[Page 110 STAT. 2633]]
(b) Certification Required.--Funds appropriated to the Department of
Defense for fiscal year 1997 may not be transferred to the Coast Guard
until the Secretary of Defense and the Secretary of Transportation
jointly certify to Congress that the funds so transferred will be used
only in accordance with the limitation in subsection (a).
(c) Periodic GAO Audits.--The Comptroller General of the United
States shall--
(1) audit, from time to time, the use of funds transferred
to the Coast Guard from appropriations for the Department of
Defense for fiscal year 1997 in order to verify that those funds
are being used in accordance with the limitation in subsection
(a); and
(2) <<NOTE: Notification.>> notify the congressional defense
committees of any use of those funds that, in the judgment of
the Comptroller General, is a violation of that limitation.
SEC. 1008. FISHER HOUSE TRUST FUND FOR THE DEPARTMENT OF THE NAVY.
(a) Authority.--Section 2221 of title 10, United States Code, is
amended--
(1) by adding at the end of subsection (a) the following:
``(3) The Fisher House Trust Fund, Department of the
Navy.'';
(2) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Amounts in the Fisher House Trust Fund, Department of the
Navy, that are attributable to earnings or gains realized from
investments shall be available for the operation and maintenance of
Fisher houses that are located in proximity to medical treatment
facilities of the Navy.''; and
(3) in subsection (d)(1), by striking out ``or the Air
Force'' and inserting in lieu thereof ``, the Air Force, or the
Navy''.
(b) Corpus <<NOTE: 10 USC 2221 note.>> of Trust Funds.--The
Secretary of the Navy shall transfer to the Fisher House Trust Fund,
Department of the Navy, established by section 2221(a)(3) of title 10,
United States Code (as added by subsection (a)(1)), all amounts in the
accounts for Navy installations and other facilities that, as of the
date of the enactment of this Act, are available for operation and
maintenance of Fisher houses, as defined in section 2221(d) of such
title.
(c) Conforming Amendments.--Section 1321 of title 31, United States
Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(94) Fisher House Trust Fund, Department of the
Navy.''; and
(2) by adding at the end of subsection (b)(2) the following:
``(D) Fisher House Trust Fund, Department of the Navy.''.
SEC. 1009. DESIGNATION AND LIABILITY OF DISBURSING AND
CERTIFYING OFFICIALS FOR THE COAST
GUARD.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31, United
States Code, is amended by adding at the end the following:
``(3) The Department of Transportation (with respect to
public money available for expenditure by the Coast Guard when
it is not operating as a service in the Navy).''.
[[Page 110 STAT. 2634]]
(2)(A) Chapter 17 of title 14, United States Code, is amended by
adding at the end the following new section:
``Sec. 673. Designation, powers, and accountability of deputy
disbursing officials
``(a)(1) Subject to paragraph (3), a disbursing official of the
Coast Guard may designate a deputy disbursing official--
``(A) to make payments as the agent of the disbursing
official;
``(B) to sign checks drawn on disbursing accounts of the
Secretary of the Treasury; and
``(C) to carry out other duties required under law.
``(2) The penalties for misconduct that apply to a disbursing
official apply to a deputy disbursing official designated under this
subsection.
``(3) A disbursing official may make a designation under paragraph
(1) only with the approval of the Secretary of Transportation (when the
Coast Guard is not operating as a service in the Navy).
``(b)(1) If a disbursing official of the Coast Guard dies, becomes
disabled, or is separated from office, a deputy disbursing official may
continue the accounts and payments in the name of the former disbursing
official until the last day of the second month after the month in which
the death, disability, or separation occurs. The accounts and payments
shall be allowed, audited, and settled as provided by law. The Secretary
of the Treasury shall honor checks signed in the name of the former
disbursing official in the same way as if the former disbursing official
had continued in office.
``(2) The deputy disbursing official, and not the former disbursing
official or the estate of the former disbursing official, is liable for
the actions of the deputy disbursing official under this subsection.
``(c)(1) Except as provided in paragraph (2), this section does not
apply to the Coast Guard when section 2773 of title 10 applies to the
Coast Guard by reason of the operation of the Coast Guard as a service
in the Navy.
``(2) A designation of a deputy disbursing official under subsection
(a) that is made while the Coast Guard is not operating as a service in
the Navy continues in effect for purposes of section 2773 of title 10
while the Coast Guard operates as a service in the Navy unless and until
the designation is terminated by the disbursing official who made the
designation or an official authorized to approve such a designation
under subsection (a)(3) of such section.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``673. Designation, powers, and accountability of deputy disbursing
officials.''.
(b) Designation of Members of the Armed Forces To Have Authority To
Certify Vouchers.--Section 3325(b) of title 31, United States Code, is
amended by striking out ``members of the armed forces under the
jurisdiction of the Secretary of Defense may certify vouchers when
authorized, in writing, by the Secretary to do so'' and inserting in
lieu thereof ``members of the armed forces may certify vouchers when
authorized, in writing, by the Secretary of Defense or, in the case of
the Coast Guard when it is not operating as a service in the Navy, by
the Secretary of Transportation''.
[[Page 110 STAT. 2635]]
(c) Conforming Amendments.--(1) Section 1007(a) of title 37, United
States Code, is amended by inserting after ``Secretary of Defense'' the
following: ``(or the Secretary of Transportation, in the case of an
officer of the Coast Guard when the Coast Guard is not operating as a
service in the Navy)''.
(2) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) in subparagraph (A)(i), by inserting after ``Department
of Defense'' the following: ``(or the Secretary of
Transportation, in the case of a disbursing official of the
Coast Guard when the Coast Guard is not operating as a service
in the Navy)''; and
(B) in subparagraph (B), by inserting after ``or the
Secretary of the appropriate military department'' the
following: ``(or the Secretary of Transportation, in the case of
a disbursing official of the Coast Guard when the Coast Guard is
not operating as a service in the Navy)''.
SEC. 1010. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION ACTIONS
AGAINST DECEASED MEMBERS OF THE COAST
GUARD.
Section 3711(g) of title 31, United States Code, is amended--
(1) in paragraph (1), by striking out ``or Marine Corps''
and inserting in lieu thereof ``Marine Corps, or Coast Guard
during a period when the Coast Guard is operating as a service
in the Navy'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Transportation may suspend or terminate an
action by the Secretary under subsection (a) to collect a claim against
the estate of a person who died while serving on active duty as a member
of the Coast Guard if the Secretary determines that, under the
circumstances applicable with respect to the deceased person, it is
appropriate to do so.''.
SEC. 1011. DEPARTMENT OF DEFENSE DISBURSING OFFICIAL CHECK CASHING
AND EXCHANGE TRANSACTIONS.
Section 3342(b) of title 31, United States Code, is amended--
(1) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof a semicolon;
(2) by striking out ``and'' at the end of paragraph (5);
(3) by striking out the period at the end of paragraph (6)
and inserting in lieu thereof ``; or''; and
(4) by adding at the end the following new paragraph:
``(7) a Federal credit union (as defined in section 101(1)
of the Federal Credit Union Act (12 U.S.C. 1752(1)) that at the
request of the Secretary of Defense is operating on a United
States military installation in a foreign country, but only if
that country does not permit contractor-operated military
banking facilities to operate on such installations.''.
[[Page 110 STAT. 2636]]
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. REPEAL OF REQUIREMENT FOR CONTINUOUS APPLICABILITY OF
CONTRACTS FOR PHASED MAINTENANCE OF AE
CLASS SHIPS.
Section 1016 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 425) is repealed.
SEC. 1022. FUNDING FOR SECOND AND THIRD MARITIME PREPOSITIONING
SHIPS OUT OF NATIONAL DEFENSE SEALIFT
FUND.
(a) National Defense Sealift Fund.--To the extent provided in
appropriations Acts, funds in the National Defense Sealift Fund may be
obligated and expended for the purchase and conversion, or construction,
of a total of three ships for the purpose of enhancing Marine Corps
prepositioning ship squadrons.
(b) Authorization of Appropriations.--Of the amount authorized to be
appropriated under section 302(2), $240,000,000 is authorized to be
appropriated for the purpose stated in subsection (a).
SEC. 1023. <<NOTE: Wisconsin.>> TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF
THE NAVY.
(a) Requirement To Transfer Vessels.--The Secretary of the Navy
shall transfer the six obsolete tugboats of the Navy specified in
subsection (b) to the Northeast Wisconsin Railroad Transportation
Commission, an instrumentality of the State of Wisconsin, if the
Secretary determines that the tugboats are not needed for transfer,
donation, or other disposal under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
(b) Vessels Covered.--The requirement in subsection (a) applies to
the six decommissioned Cherokee class tugboats, listed as of the date of
the enactment of this Act as being surplus to the Navy, that are
designated
as ATF-105, ATF-110, ATF-149, ATF-158, ATF-159, and ATF-160.
(c) Condition Relating to Environmental Compliance.--The Secretary
shall require as a condition of the transfer of a vessel under
subsection (a) that use of the vessel by the Commission not commence
until the terms of any necessary environmental compliance letter or
agreement with respect to that vessel have been complied with.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions (including a requirement that the
transfer be at no cost to the Government) in connection with the
transfers required by subsection (a) as the Secretary considers
appropriate.
SEC. 1024. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO,
CALIFORNIA.
(a) Transfer.--The Secretary of the Navy shall transfer the U.S.S.
Drum (SSN-677) to the city of Vallejo, California, in accordance with
this section and upon satisfactory completion of a ship donation
application. Before making such transfer, the Secretary of the Navy
shall remove from the vessel the reactor compartment and other
classified and sensitive military equipment.
[[Page 110 STAT. 2637]]
(b) Funding.--As provided in section 7306(c) of title 10, United
States Code, the transfer of the vessel authorized by this section shall
be made at no cost to the United States (beyond the cost which the
United States would otherwise incur for dismantling and recycling of the
vessel).
(c) Applicable Law.--The transfer under this section shall be
subject to subsection (b) of section 7306 of title 10, United States
Code, but the provisions of subsection (d) of such section shall not be
applicable to such transfer.
SEC. 1025. SENSE OF CONGRESS CONCERNING USS LCS 102 (LSSL 102).
It is the sense of Congress that the Secretary of Defense should use
existing authorities in law to seek the expeditious return, upon
completion of service, of the former USS LCS
102 (LSSL 102) from the Government of Thailand in order for the ship to
be transferred to the United States Shipbuilding Museum in Quincy,
Massachusetts.
Subtitle C--Counter-Drug Activities
SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-
DRUG ACTIVITIES OF MEXICO.
(a) Authority To Provide Additional Support.--Subject to subsection
(e), during fiscal year 1997, the Secretary of Defense may provide the
Government of Mexico with the support described in subsection (b) for
the counter-drug activities of the Government of Mexico. The support
provided under the authority of this subsection shall be in addition to
support provided to the Government of Mexico under any other provision
of law.
(b) Types of Support.--The authority under subsection (a) is limited
to the provision of the following types of support:
(1) The transfer of nonlethal protective and utility per-
sonnel equipment.
(2) The transfer of the following nonlethal specialized
equipment:
(A) Navigation equipment.
(B) Secure and nonsecure communications equipment.
(C) Photo equipment.
(D) Radar equipment.
(E) Night vision systems.
(F) Repair equipment and parts for equipment
referred to in subparagraphs (A), (B), (C), (D), and
(E).
(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software for aircraft or patrol boats, and related
repair equipment.
(4) The maintenance and repair of equipment of the
Government of Mexico that is used for counter-drug activities.
(c) Applicability of Other Support Authorities.--Except as otherwise
provided in this section, the provisions of section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 374 note) shall apply to the provision of support under this
section.
(d) Funding.--Of the amount authorized to be appropriated under
section 301(19) for drug interdiction and counter-drug activi
[[Page 110 STAT. 2638]]
ties, not more than $8,000,000 shall be available for the provision of
support under this section.
(e) Limitations.--(1) <<NOTE: Certification.>> The Secretary may not
obligate or expend funds to provide support under this section until 15
days after the date on which the Secretary submits to the committees
referred to in paragraph (3) the certification described in paragraph
(2).
(2) The certification referred to in paragraph (1) is a written
certification of the following:
(A) That the provision of support under this section will
not adversely affect the military preparedness of the United
States Armed Forces.
(B) That the equipment and materiel provided as support will
be used only by officials and employees of the Government of
Mexico who have undergone a background check by that government.
(C) That the Government of Mexico has certified to the
Secretary that--
(i) the equipment and material provided as support
will be used only by the officials and employees
referred to in subparagraph (B);
(ii) none of the equipment or materiel will be
transferred (by sale, gift, or otherwise) to any person
or entity not authorized by the United States to receive
the equipment or materiel; and
(iii) the equipment and materiel will be used only
for the purposes intended by the United States
Government.
(D) That the Government of Mexico has implemented, to the
satisfaction of the Secretary, a system that will provide an
accounting and inventory of the equipment and materiel provided
as support.
(E) That the departments, agencies, and instrumentalities of
the Government of Mexico will grant United States Government
personnel access to any of the equipment or materiel provided as
support, or to any of the records relating to such equipment or
materiel, under terms and conditions similar to the terms and
conditions imposed with respect to such access under section
505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2314(a)(3)).
(F) That the Government of Mexico will provide security with
respect to the equipment and materiel provided as support that
is substantially the same degree of security that the United
States Government would provide with respect to such equipment
and materiel.
(G) That the Government of Mexico will permit continuous
observation and review by United States Government personnel of
the use of the equipment and materiel provided as support under
terms and conditions similar to the terms and conditions imposed
with respect to such observation and review under section
505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2314(a)(3)).
(3) The committees referred to in this paragraph are the following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
[[Page 110 STAT. 2639]]
SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES.
(a) P-3B Aircraft.--Of the funds authorized to be appropriated under
section 301(19) for drug interdiction and counter-drug activities, not
more than $98,000,000 may be used for the purpose of procuring or
modifying two P-3B aircraft for use by departments and agencies of the
United States outside the Department of Defense for drug interdiction
and counter-drug activities. <<NOTE: Certification.>> However, funds may
not be obligated for such purpose until the Secretary of Defense submits
to the congressional defense committees a certification that the
procurement or modification of such aircraft and the use of such
aircraft by other departments or agencies of the United States will
significantly reduce the level of support that would otherwise be
required of E-3 AWACS aircraft as part of the drug interdiction and
counter-drug mission of the Department of Defense.
(b) Nonintrusive Inspection Devices.--Of the funds authorized to be
appropriated under section 301(19) for drug interdiction and counter-
drug activities, not more than $10,000,000 may be used to procure three
nonintrusive inspection devices for use by departments and agencies of
the United States outside the Department of Defense for drug
interdiction and counter-drug activities.
(c) Authority To Transfer Equipment.--The Secretary of Defense may
transfer to the head of any department or agency of the United States
outside the Department of Defense any equipment procured or modified
under this section with funds referred to in this section.
SEC. 1033. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW
ENFORCEMENT ACTIVITIES.
(a) Transfer Authority.--(1) Chapter 153 of title 10, United States
Code, is amended by inserting after section 2576 the following new
section:
``Sec. 2576a. Excess personal property: sale or donation for law
enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to Federal and State agencies personal property of the
Department of Defense, including small arms and ammunition, that the
Secretary determines is--
``(A) suitable for use by the agencies in law enforcement
activities, including counter-drug and counter-terrorism
activities; and
``(B) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in consultation
with the Attorney General and the Director of National Drug Control
Policy.
``(b) Conditions for Transfer.--The Secretary of Defense may
transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the property on an as-is, where-
is basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the procurement
of defense equipment; and
[[Page 110 STAT. 2640]]
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary
may transfer personal property under this section without charge to the
recipient agency.
``(d) Preference for Certain Transfers.--In considering applications
for the transfer of personal property under this section, the Secretary
shall give a preference to those applications indicating that the
transferred property will be used in the counter-drug or counter-
terrorism activities of the recipient agency.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2576 the
following new item:
``2576a. Excess personal property: sale or donation for law enforcement
activities.''.
(b) Conforming Amendments.--(1) Section 1208 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10
U.S.C. 372 note) is repealed.
(2) Section 1005 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1630) is
amended by striking out ``section 1208 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note)
and section 372'' and inserting in lieu thereof ``sections 372 and
2576a''.
SEC. 1034. SALE BY FEDERAL DEPARTMENTS OR AGENCIES OF
CHEMICALS USED TO MANUFACTURE CONTROLLED
SUBSTANCES.
(a) DEA Certification.--The Controlled Substances Act is amended by
inserting after section 519 (21 U.S.C. 889) the following new section:
``SEC. 520. REVIEW <<NOTE: 21 USC 890.>> OF FEDERAL SALES OF
CHEMICALS USABLE TO MANUFACTURE
CONTROLLED SUBSTANCES.
``A Federal department or agency may not sell from the stocks of the
department or agency any chemical which, as determined by the
Administrator of the Drug Enforcement Administration, could be used in
the manufacture of a controlled substance unless the Administrator
certifies in writing to the head of the department or agency that there
is no reasonable cause to believe that the sale of the chemical would
result in the illegal manufacture of a controlled substance.''.
(b) Clerical Amendment.--The table of contents of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended
by inserting after the item relating to section 519 the following new
item:
``Sec. 520. Review of Federal sales of chemicals usable to manufacture
controlled substances.''.
Subtitle D--Reports and Studies
SEC. 1041. ANNUAL <<NOTE: 10 USC 113 note.>> REPORT ON OPERATION
PROVIDE COMFORT AND OPERATION ENHANCED
SOUTHERN WATCH.
(a) Annual Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to Congress a report on Operation
Provide Comfort and Operation Enhanced Southern Watch.
[[Page 110 STAT. 2641]]
(b) Matters Relating to Operation Provide Comfort.--Each report
under subsection (a) shall include, with respect to Operation Provide
Comfort, the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for that operation during
the fiscal year in which the report is submitted and projected
for the following fiscal year, together with a discussion of
missions and functions expected to be performed by the
Department as part of that operation during each of those fiscal
years.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to that
operation during each of those fiscal years.
(3) A discussion of options being pursued to reduce the
involvement of the Department of Defense in those aspects of
that operation that are not directly related to the military
mission of the Department of Defense.
(4) A discussion of the exit strategy for United States
involvement in, and support for, that operation.
(5) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the
scope and cost to the Department of Defense of accomplishing
that mission while maintaining mission success.
(6) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(7) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Kurdish population
in northern Iraq.
(c) Matters Relating to Operation Enhanced Southern Watch.--Each
report under subsection (a) shall include, with respect to Operation
Enhanced Southern Watch, the following:
(1) The expected duration and annual costs of the various
elements of that operation.
(2) The political and military objectives associated with
that operation.
(3) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(4) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the
scope and cost of accomplishing that mission while maintaining
mission success.
(5) A comprehensive discussion of the political and military
objectives and initiatives that the Department of Defense has
pursued, and intends to pursue, in order to reduce United States
involvement in that operation.
(6) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Shiite population
by air attack in southern Iraq or to jeopardize the security of
Kuwait.
(d) Termination of Report Requirement.--The requirement under
subsection (a) shall cease to apply with respect to an operation named
in that subsection upon the termination of United States involvement in
that operation.
(e) Definitions.--For purposes of this section:
[[Page 110 STAT. 2642]]
(1) Operation enhanced southern watch.--The term ``Operation
Enhanced Southern Watch'' means the operation of the Department
of Defense that as of October 30, 1995, is designated as
Operation Enhanced Southern Watch.
(2) Operation provide comfort.--The term ``Operation Provide
Comfort'' means the operation of the Department of Defense that
as of October 30, 1995, is designated as Operation Provide
Comfort.
SEC. 1042. <<NOTE: 10 USC 113 note.>> ANNUAL REPORT ON EMERGING
OPERATIONAL CONCEPTS.
(a) Report Required.--Not later than March 1 of each year through
2000, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report on emerging operational concepts. Each
such report shall be prepared by the Secretary in consultation with the
Chairman of the Joint Chiefs of Staff.
(b) Matters To Be Included.--Each such report shall contain a
description, for the year preceding the year in which the report is
submitted, of the following:
(1) The process undertaken in the Department of Defense, and
in each of the Army, Navy, Air Force, and Marine Corps, to
define and develop doctrine, operational concepts,
organizational concepts, and acquisition strategies to address--
(A) the potential of emerging technologies for
significantly improving the operational effectiveness of
the Armed Forces;
(B) changes in the international order that may
necessitate changes in the operational capabilities of
the Armed Forces;
(C) emerging capabilities of potential adversary
states; and
(D) changes in defense budget projections.
(2) The manner in which the processes described in paragraph
(1) are harmonized to ensure that there is a sufficient
consideration of the development of joint doctrine, operational
concepts, and acquisition strategies.
(3) The manner in which the processes described in paragraph
(1) are coordinated through the Joint Requirements Oversight
Council and reflected in the planning, programming, and
budgeting process of the Department of Defense.
SEC. 1043. REPORT ON DEPARTMENT OF DEFENSE MILITARY CHILD CARE
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense should be congratulated on the
successful implementation of the Military Child Care Act of 1989
(originally enacted as title XV of Public Law 101-189 and
subsequently codified as subchapter II of chapter 88 of title
10, United States Code).
(2) The actions taken by the Department as a result of that
Act have dramatically improved the availability, affordability,
quality, and consistency of the child-care services provided to
members of the Armed Forces.
(3) Child care is important to the readiness of members of
the Armed Forces since single parents and couples in military
service must have access to affordable child care of good
quality
[[Page 110 STAT. 2643]]
if they are to perform their jobs and respond effectively to
long work hours or deployments.
(4) Child care is important to the retention of members of
the Armed Forces in military service because the dissatisfaction
of the families of such members with military life is a primary
reason for the departure of such members from military service.
(b) Sense of Congress Related to Military-Civilian Child-Care
Partnership Programs.--It is the sense of Congress that--
(1) the civilian and military child-care communities,
Federal, State, and local agencies, and businesses and
communities involved in the provision of child-care services
could benefit from the development of partnerships to foster an
exchange of ideas, information, and materials relating to their
experiences with the provision of such services and to encourage
closer relationships between military installations and the
communities that support them;
(2) such partnerships would be beneficial to all families by
helping providers of child-care services exchange ideas about
innovative ways to address barriers to the effective provision
of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the directors and curriculum
specialists of military child development centers and
civilian child development centers in assisting such
centers in the accreditation process;
(B) use of family support staff to conduct parent
and family workshops for new parents and parents with
young children in family housing on military
installations and in communities in the vicinity of such
installations;
(C) internships in Department of Defense child-care
programs for civilian child-care providers to broaden
the base of good-quality child-care services in
communities in the vicinity of military installations;
and
(D) attendance by civilian child-care providers at
Department child-care training classes on a space-
available basis.
(c) Report.--Not later than June 30, 1997, the Secretary of Defense
shall submit to Congress a report on the status of any partnerships and
other initiatives undertaken by the Department of Defense as described
in subsection (b), including recommendations for additional ways to
improve the child-care programs of the Department of Defense and to
improve such programs so as to benefit civilian child-care providers in
communities in the vicinity of military installations.
SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE MILITARY YOUTH
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) Programs of the Department of Defense for youth who are
dependents of members of the Armed Forces have not received the
same level of attention and resources as have child-care
programs of the Department since the passage of the Military
Child Care Act of 1989 (originally enacted as title XV of Public
Law 101-189 and subsequently codified as subchapter II of
chapter 88 of title 10, United States Code).
[[Page 110 STAT. 2644]]
(2) Older children deserve as much attention to their
developmental needs as do younger children.
(3) The Department has started to direct more attention to
programs for youths who are dependents of members of the Armed
Forces by providing funds for the implementation of 20 model
community programs to address the needs of such youths.
(4) The lessons learned from such programs could apply to
civilian youth programs as well.
(b) Sense of Congress Related to Military-Civilian Youth Partnership
Programs.--It is the sense of Congress that--
(1) the Department of Defense, Federal, State, and local
agencies, and businesses and communities involved in conducting
youth programs could benefit from the development of
partnerships to foster an exchange of ideas, information, and
materials relating to such programs and to encourage closer
relationships between military installations and the communities
that support them;
(2) such partnerships could be beneficial to all families by
helping the providers of services for youths exchange ideas
about innovative ways to address barriers to the effective
provision of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the Department and Federal
and State educational agencies in exploring the use of
public school facilities for child-care programs and
youth programs that are mutually beneficial to the
Department and civilian communities and complement
programs of the Department carried out at its
facilities; and
(B) improving youth programs that enable adolescents
to relate to new peer groups when families of members of
the Armed Forces are relocated.
(c) Report.--Not later than June 30, 1997, the Secretary of Defense
shall submit to Congress a report on the status of any partnerships and
other initiatives undertaken by the Department as described in
subsection (b), including recommendations for additional ways to improve
the youth programs of the Department of Defense and to improve such
programs so as to benefit communities in the vicinity of military
installations.
SEC. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION
AGREEMENTS.
(a) Quarterly Reports on Coproduction Agreements.--Section 36(a) of
the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--
(1) by striking out ``and'' at the end of paragraph (10);
(2) by striking out the period at the end of paragraph (11)
and inserting in lieu thereof ``; and''; and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) a report on all concluded government-to-government
agreements regarding foreign coproduction of defense articles of
United States origin and all other concluded agreements
involving coproduction or licensed production outside of the
United States of defense articles of United States origin
(including coproduction memoranda of understanding or agreement)
[[Page 110 STAT. 2645]]
that have not been previously reported under this subsection,
which shall include--
``(A) the identity of the foreign countries,
international organizations, or foreign firms involved;
``(B) a description and the estimated value of the
articles authorized to be produced, and an estimate of
the quantity of the articles authorized to be produced;
``(C) a description of any restrictions on third-
party transfers of the foreign-manufactured articles;
and
``(D) if any such agreement does not provide for
United States access to and verification of quantities
of articles produced overseas and their disposition in
the foreign country, a description of alternative
measures and controls incorporated in the coproduction
or licensing program to ensure compliance with
restrictions in the agreement on production quantities
and third-party transfers.''.
(b) Effective <<NOTE: 22 USC 2776 note.>> Date.--Paragraph (12) of
section 36(a) of the Arms Export Control Act, as added by subsection
(a)(3), does not apply with respect to an agreement described in such
paragraph entered into before the date of the enactment of this Act.
SEC. 1046. REPORT ON WITNESS INTERVIEW PROCEDURES FOR DEPARTMENT
OF DEFENSE CRIMINAL INVESTIGATIONS.
(a) Survey of Military Department Policies and Practices.--The
Comptroller General of the United States shall conduct a survey of the
policies and practices of the Naval Criminal Investigative Service with
respect to the manner in which interviews of suspects and witnesses are
conducted in connection with criminal investigations of allegations of
contractor fraud. The purpose of the survey shall be to ascertain
whether or not investigators and agents of the Naval Criminal
Investigative Service conduct investigations of contractor fraud in
accordance with generally accepted Federal law enforcement standards and
applicable law.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
National Security of the House of Representatives and the Committee on
Armed Services of the Senate a report concerning the survey under
subsection (a). The report shall specifically address the following:
(1) The extent to which investigators of the Naval Criminal
Investigative Service investigators and agents of the Naval
Criminal Investigative Service conduct investigations of
contractor fraud in accordance with generally accepted Federal
law enforcement standards and applicable law.
(2) The extent to which the interview policies established
by Department of Defense directives or Navy regulations are
adequate to instruct and guide investigators in the proper
conduct of subject and witness interviews.
(3) The desirability and feasibility of providing for video
and audio recording of interviews and, if recording is
desirable, the circumstances under which recordings should be
made.
(4) The desirability and feasibility of making such
recordings or written transcriptions of interviews, or both,
available on demand to the subject or witness interviewed.
(5) The extent to which existing Department of Defense
directives and Navy regulations address the carrying and display
of weapons by agents, together with an assessment of
[[Page 110 STAT. 2646]]
whether any change in any such directive or regulation is
necessary.
(6) The extent to which existing Department of Defense
directives and Navy regulations provide guidance to agents to
ensure that the agents' conduct and demeanor is in accordance
with generally accepted Federal law enforcement standards and
applicable law.
(7) Any recommendation for legislation to ensure that
investigators and agents of the Naval Criminal Investigative
Service use legal and proper tactics during interviews in
connection with criminal investigations of allegations of
contractor fraud.
SEC. 1047. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED
FORCES.
(a) Report Required.--Not later than January 31, 1997, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report on the military readiness requirements of the active and reserve
components of the Armed Forces, including specific combat units, combat
support units, and combat service support units. Based on the assessment
scenario described in subsection (c), the report shall assess such
readiness requirements under a tiered readiness and response system that
categorizes a given unit of the Armed Forces according to the likelihood
that the unit will be required to respond to a military conflict and the
time in which the unit will be required to respond.
(b) Preparation of Report.--The Chairman of the Joint Chiefs of
Staff, together with the other members of the Joint Chiefs of Staff
specified in section 151(a) of title 10, United States Code, shall
prepare the report required by
subsection (a). The Chairman of the Joint Chiefs of Staff shall consult
with the Commander of the Special Operations Command in the preparation
of the report.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario based on the following assumptions:
(1) The conflict is in a generic theater of operations
located anywhere in the world and does not exceed the notional
limits for a major regional conflict.
(2) The forces available for deployment include the forces
described in the Bottom-Up Review force structure, including all
planned force enhancements.
(3) Assistance is not available from allies.
(d) Assessment Elements.--The report shall identify by unit type and
component, and assess the readiness requirements of, all active and
reserve component units. Each such unit shall be categorized within one
of the following classifications:
(1) Forward-deployed and crisis response forces, or ``Tier
I'' forces, that possess limited internal sustainment capability
and do not require immediate access to regional air bases or
ports or overflight rights, including the following:
(A) Force units that are routinely deployed forward
at sea or on land outside the United States.
(B) Combat-ready crises response forces that are
capable of mobilizing and deploying within 10 days after
receipt of orders.
(C) Forces that are supported by prepositioning
equipment afloat or are capable of being inserted into a
theater
[[Page 110 STAT. 2647]]
upon the capture of a port or airfield by forcible entry
forces.
(2) Combat-ready follow-on forces, or ``Tier II'' forces,
that can be mobilized and deployed to a theater within
approximately 60 days after receipt of orders.
(3) Combat-ready conflict resolution forces, or ``Tier III''
forces, that can be mobilized and deployed to a theater within
approximately 180 days after receipt of orders.
(4) All other active and reserve component force units which
are not categorized within a classification described in
paragraph (1), (2), or (3).
(e) Additional Information Regarding Certain Units.--With regard to
each unit that is not categorized within a classification described in
paragraph (1), (2), or (3) of subsection (d), the report shall include--
(1) a description of the mission and mobilization or
deployment schedule (or both) of the unit in connection with the
requirements of the assessment scenario and the combat readiness
requirements of the Armed Forces; or
(2) an identification of the unit as excess to the needs of
the national military strategy and the reasons therefor.
(f) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified annex.
SEC. 1048. <<NOTE: President.>> REPORT ON NATO ENLARGEMENT.
(a) Report.--Not later than February 1, 1997, the President shall
transmit to the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on National Security and the
Committee on International Relations of the House of Representatives a
report on the enlargement of the North Atlantic Treaty Organization. The
report shall contain a comprehensive discussion of the following:
(1) Geopolitical and financial costs and benefits, including
financial savings, associated with--
(A) enlargement of the North Atlantic Treaty
Organization;
(B) further delays in the process of enlargement of
the North Atlantic Treaty Organization; and
(C) a failure to enlarge the North Atlantic Treaty
Organization.
(2) Additional North Atlantic Treaty Organization and United
States military expenditures requested by prospective members of
the North Atlantic Treaty Organization to facilitate their
admission into the North Atlantic Treaty Organization.
(3) Modifications necessary in the military strategy of the
North Atlantic Treaty Organization and force structure required
by the inclusion of new members and steps necessary to integrate
new members, including the role of nuclear and conventional
capabilities, reinforcement, force deployments, prepositioning
of equipment, mobility, and headquarter locations.
(4) The relationship between enlargement of the North
Atlantic Treaty Organization and transatlantic stability and
security.
(5) The state of military preparedness and interoperability
of Central and Eastern European nations as it relates to the
responsibilities of membership of the North Atlantic Treaty
[[Page 110 STAT. 2648]]
Organization and additional security costs or benefits that may
accrue to the United States from enlargement of the North
Atlantic Treaty Organization.
(6) The state of democracy and free market development as it
affects the preparedness of Central and Eastern European nations
for the responsibilities of membership of the North Atlantic
Treaty Organization, including civilian control of the military,
the rule of law, human rights, and parliamentary oversight.
(7) The state of relations between prospective members of
the North Atlantic Treaty Organization and their neighbors,
steps taken by prospective members to reduce tensions, and
mechanisms for the peaceful resolution of border disputes.
(8) The commitment of prospective members of the North
Atlantic Treaty Organization to the principles of the North
Atlantic Treaty and the security of the North Atlantic area.
(9) The effect of enlargement of the North Atlantic Treaty
Organization on the political, economic, and security conditions
of European Partnership for Peace nations not among the first
new members of the North Atlantic Treaty Organization.
(10) The relationship between enlargement of the North
Atlantic Treaty Organization and EU enlargement and the costs
and benefits of both.
(11) The relationship between enlargement of the North
Atlantic Treaty Organization and treaties relevant to United
States and European security, such as the Conventional Armed
Forces in Europe Treaty.
(12) The anticipated impact both of enlargement of the North
Atlantic Treaty Organization and further delays of enlargement
on Russian foreign and defense policies and the costs and
benefits of a security relationship between the North Atlantic
Treaty Organization and Russia.
(b) Interpretation.--Nothing in this section shall be interpreted or
construed to affect the implementation of the NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), or any other
program or activity which facilitates or assists prospective members of
the North Atlantic Treaty Organization.
Subtitle E--Management of Armed Forces Retirement Home
SEC. 1051. RETIREMENT HOME BOARDS OF DIRECTORS.
(a) Additional Term of Office.--Subsection (e) of section 1515 of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 415) is amended
by adding at the end the following new paragraph:
``(3) The Chairman of the Retirement Home Board may appoint a member
of the Retirement Home Board for a second consecutive term. The Chairman
of a Local Board may appoint a member of that Local Board for a second
consecutive term.''.
(b) Early Expiration of Term.--(1) Subsection (f) of such section is
amended to read as follows:
``(f) Early Expiration of Term.--A member of the Armed Forces or
Federal civilian employee who is appointed as a member of the Retirement
Home Board or a Local Board may serve as a board member only so long as
the member of the Armed Forces
[[Page 110 STAT. 2649]]
or Federal civilian employee is assigned to or serving in the duty
position that gave rise to the appointment as a board member.''.
(2) <<NOTE: 24 USC 415 note.>> The amendment made by this subsection
shall not affect the staggered terms of members of the Armed Forces
Retirement Home Board or a Local Board of the Retirement Home under
section 1515(f) of such Act, as such section is in effect before the
date of the enactment of this Act.
(c) Annual Evaluation of Directors.--Section 1517 of such Act (24
U.S.C. 417) is amended by striking out subsection (f) and inserting in
lieu thereof the following:
``(f) Annual Evaluation of Directors.--The Chairman of the
Retirement Home Board shall annually evaluate the performance of the
Directors and shall make such recommendations to the
Secretary of Defense as the Chairman considers appropriate in light of
the evaluation.''.
SEC. 1052. ACCEPTANCE OF UNCOMPENSATED SERVICES.
(a) Authority.--Part A of the Armed Forces Retirement Home Act of
1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended
by adding at the end the following new section:
``SEC. 1522. AUTHORITY <<NOTE: 24 USC 422.>> TO ACCEPT CERTAIN
UNCOMPENSATED
SERVICES.
``(a) Authority To Accept Services.--Subject to subsection (b) and
notwithstanding section 1342 of title 31, United States Code, the
Chairman of the Retirement Home Board or the Director of each
establishment of the Retirement Home may accept from any person
voluntary personal services or gratuitous services unless the acceptance
of the voluntary services is disapproved by the Retirement Home Board.
``(b) Requirements and Limitations.--(1) The Chairman of the
Retirement Home Board or the Director of the establishment accepting the
services shall notify the person of the scope of the services accepted.
``(2) The Chairman or Director shall--
``(A) supervise the person providing the services to the
same extent as that official would supervise a compensated
employee providing similar services; and
``(B) ensure that the person is licensed, privileged, has
appropriate credentials, or is otherwise qualified under
applicable laws or regulations to provide such services.
``(3) A person providing services accepted under subsection (a) may
not--
``(A) serve in a policymaking position of the Retirement
Home; or
``(B) be compensated for the services by the Retirement
Home.
``(c) Authority To Recruit and Train Persons Providing Services.--
The Chairman of the Retirement Home Board or the Director of an
establishment of the Retirement Home may recruit and train persons to
provide services authorized to be accepted under subsection (a).
``(d) Status of Persons Providing Services.--(1) Subject to
paragraph (3), while providing services accepted under subsection (a) or
receiving training under subsection (c), a person shall be considered to
be an employee of the Federal Government only for purposes of the
following provisions of law:
[[Page 110 STAT. 2650]]
``(A) Subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries).
``(B) Chapter 171 of title 28, United States Code (relating
to claims for damages or loss).
``(2) A person providing services accepted under subsection (a)
shall be considered to be an employee of the Federal Government under
paragraph (1) only with respect to services that are within the scope of
the services accepted.
``(3) For purposes of determining the compensation for work-related
injuries payable under chapter 81 of title 5,
United States Code (pursuant to this subsection) to a person providing
services accepted under subsection (a), the monthly pay of the person
for such services shall be deemed to be the amount determined by
multiplying--
``(A) the average monthly number of hours that the person
provided the services, by
``(B) the minimum wage determined in accordance with section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)).
``(e) Reimbursement of Incidental Expenses.--The Chairman of the
Retirement Board or the Director of the establishment accepting services
under subsection (a) may provide for reimbursement of a person for
incidental expenses incurred by the person in providing the services
accepted under subsection (a). The Chairman or Director shall determine
which expenses qualify for reimbursement under this subsection.''.
(b) Federal Status of Residents Paid for Part-Time or Intermittent
Services.--Paragraph (2) of section 1521(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 421(b)) is amended to read as
follows:
``(2) being an employee of the United States for any purpose
other than--
``(A) subchapter I of chapter 81 of title 5, United
States Code (relating to compensation for work-related
injuries); and
``(B) chapter 171 of title 28, United States Code
(relating to claims for damages or loss).''.
SEC. 1053. DISPOSAL OF TRACT OF REAL PROPERTY IN THE DISTRICT OF
COLUMBIA.
(a) Disposal Authorized.--Notwithstanding title II the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.), title VIII of such Act (40 U.S.C. 531 et seq.), section 501 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), or
any other provision of law relating to the management and disposal of
real property by the United States, the Armed Forces Retirement Home
Board may convey, by sale or otherwise, all right, title, and interest
of the United States in a parcel of real property, including
improvements thereon, consisting of approximately 49 acres located in
Washington, District of Columbia, east of North Capitol Street, and
recorded as District Parcel 121/19.
(b) Manner, Terms, and Conditions of Disposal.--The Armed Forces
Retirement Home Board may determine--
(1) the manner for the disposal of the real property under
subsection (a); and
[[Page 110 STAT. 2651]]
(2) the terms and conditions for the conveyance of that
property, including any terms and conditions that the Board
considers necessary to protect the interests of the United
States.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Armed Forces
Retirement Home Board. The cost of the survey shall be borne by the
party or parties to which the property is to be conveyed.
(d) Congressional Notification.--(1) Before disposing of real
property under subsection (a), the Armed Forces Retirement Home Board
shall notify the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives of the
proposed disposal. The Board may not dispose of the real property until
the later of--
(A) the date that is 60 days after the date on which the
notification is received by the committees; or
(B) the date of the next day following the expiration of the
first period of 30 days of continuous session of Congress that
follows the date on which the notification is received by the
committees.
(2) For the purposes of paragraph (1)--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session because
of an adjournment of more than three days to a day certain are
excluded in the computation of any period of time in which
Congress is in continuous session.
Subtitle F--Other Matters
SEC. 1061. POLICY <<NOTE: President.>> ON PROTECTION OF NATIONAL
INFORMATION INFRASTRUCTURE AGAINST
STRATEGIC ATTACK.
(a) Report Requirement.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to Congress a
report setting forth a national policy on protecting the national
information infrastructure against strategic attack.
(b) Matters To Be Included.--The policy described in the report
shall include the following:
(1) Plans to meet essential Government and civilian needs
during a national security emergency associated with a strategic
attack on elements of the national information infrastructure
the functioning of which depend on networked computer
systems.
(2) The identification of information infrastructure
functions that must be performed during such an emergency.
(3) The assignment of responsibilities to Federal
departments and agencies, and a description of the roles of
Government and industry, relating to indications and warning of,
assessment of, response to, and reconstitution after, potential
strategic attacks on the elements of the national information
infrastructure described under paragraph (1).
(c) Unresolved Issues.--The report shall also identify--
(1) matters relating to the national policy described in the
report that, as of the submission of the report, are in need of
further study and resolution, such as technology and funding
shortfalls; and
[[Page 110 STAT. 2652]]
(2) legal and regulatory considerations relating to the
national policy.
(d) Update of Earlier Report.--The report shall include an update of
the report required to be submitted to
Congress pursuant to section 1053 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 440).
SEC. 1062. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) Allocation.--Of the amounts appropriated for the Department of
Defense for the Defense Information Infrastructure for each of fiscal
years 1999 through 2002, the Secretary of Defense shall allocate to the
information systems security program (program element 0303140K) amounts
as follows:
(1) For fiscal year 1999, 2.5 percent.
(2) For fiscal year 2000, 3.0 percent.
(3) For fiscal year 2001, 3.5 percent.
(4) For fiscal year 2002, 4.0 percent.
(b) Relationship to Other Amounts.--Amounts allocated under
subsection (a) are in addition to amounts appropriated to the National
Security Agency and the Defense Advanced Research Projects Agency for
development of information security systems, acquisition of information
security systems, and operation of information security systems.
(c) Report.--Not later than November 15, 1997, the Secretary of
Defense shall submit to the congressional defense committees and the
congressional intelligence committees a report on information security
activities of the Department of Defense. The report shall describe--
(1) the objectives of the Secretary with respect to
information security and the strategy of the Secretary
(including the strategy with respect to funding) during fiscal
years 1999 through 2002 to achieve those objectives;
(2) how the Secretary intends to manage and allocate the
funds required by subsection (a) to be allocated to the
information systems security program; and
(3) if the Secretary determines that a funding plan for the
information systems security program for fiscal years 1999
through 2002 other than that specified in subsection (a) is
appropriate, the alternative funding plan proposed by the
Secretary.
(d) Defense Information Infrastructure.--For purposes of this
section, the Defense Information Infrastructure is the web of
communications networks, computers, software, databases, applications,
data security services, and other capabilities that meets the
information processing and transport needs of Department of Defense
users.
SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN GOVERNMENTS
AND INTERNATIONAL ORGANIZATIONS FOR
DEFENSE PURPOSES.
Section 2608(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and may accept
from any foreign government or international organization any
contribution of services made by such foreign government or
international organization for use by the Department of Defense''.
[[Page 110 STAT. 2653]]
SEC. 1064. PROHIBITION <<NOTE: 15 USC 5621 note.>> ON COLLECTION
AND RELEASE OF DETAILED SATELLITE
IMAGERY RELATING TO ISRAEL.
(a) Collection and Dissemination.--A department or agency of the
United States may issue a license for the collection or dissemination by
a non-Federal entity of satellite imagery with respect to Israel only if
such imagery is no more detailed or precise than satellite imagery of
Israel that is available from commercial sources.
(b) Declassification and Release.--A department or agency of the
United States may declassify or otherwise release satellite imagery with
respect to Israel only if such imagery is no more detailed or precise
than satellite imagery of Israel that is available from commercial
sources.
SEC. 1065. <<NOTE: 10 USC 113 note.>> GEORGE C. MARSHALL EUROPEAN CENTER
FOR STRATEGIC SECURITY STUDIES.
(a) Authority To Accept Foreign Gifts and Donations.--(1) The
Secretary of Defense may, on behalf of the George C. Marshall European
Center for Strategic Security Studies (in this section referred to as
the ``Marshall Center''), accept foreign gifts or donations in order to
defray the costs of, or enhance the operation of, the Marshall Center.
(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available for the Department of Defense for
the Marshall Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available for the Marshall
Center for the same purposes and same period as the appropriations with
which merged.
(3) <<NOTE: Notification.>> The Secretary of Defense shall notify
Congress if the total amount of money accepted under paragraph (1)
exceeds $2,000,000 in any fiscal year. Any such notice shall list each
of the contributors of such amounts and the amount of each contribution
in such fiscal year.
(4) For purposes of this subsection, a foreign gift or donation is a
gift or donation of funds, materials (including research materials),
property, or services (including lecture services and faculty services)
from a foreign government, a foundation or other charitable organization
in a foreign country, or an individual in a foreign country.
(b) Marshall Center Participation By Foreign Nations.--(1)
Notwithstanding any other provision of law, the Secretary of Defense may
authorize participation by a European or Eurasian nation in Marshall
Center programs if the Secretary determines, after consultation with the
Secretary of State, that such participation is in the national interest
of the United States.
(2) <<NOTE: Reports.>> Not later than January 31 of each year, the
Secretary of Defense shall submit to Congress a report setting forth the
names of the foreign nations permitted to participate in programs of the
Marshall Center during the preceding year under paragraph (1). Each such
report shall be prepared by the Secretary with the assistance of the
Director of the Marshall Center.
(c) Exemptions for Members of Marshall Center Board of Visitors From
Certain Requirements.--(1) In the case of any person invited to serve
without compensation on the Marshall Center Board of Visitors, the
Secretary of Defense may waive any requirement for financial disclosure
that
would otherwise apply to that person solely by reason of service on such
Board.
[[Page 110 STAT. 2654]]
(2) Notwithstanding any other provision of law, a member of the
Marshall Center Board of Visitors may not be required to register as an
agent of a foreign government solely by reason of service as a member of
the Board.
(3) Notwithstanding section 219 of title 18, United States Code, a
non-United States citizen may serve on the Marshall Center Board of
Visitors even though registered as a foreign agent.
SEC. 1066. AUTHORITY <<NOTE: 31 USC 5111 note.>> 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.
(a) Authority.--The Speaker of the House of Representatives and the
President pro tempore of the Senate are authorized jointly to present,
on behalf of Congress, a bronze medal provided for under section 1492 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1721) to any person who meets the eligibility
requirements set forth in subsection (d) of that section other than the
requirement for membership in the Armed Forces, as certified under
subsection (e) of that section or under subsection (b) of this section.
(b) Certification.--The Secretary of Defense shall, not later than
12 months after the date of the enactment of this Act, certify to the
Speaker of the House of Representatives and the President pro tempore of
the Senate the names of persons who are eligible for award of the medal
under this Act and have not previously been certified under section
1492(e) of the National Defense Authorization Act for Fiscal Year 1991.
(c) Applications.--Subsections (d)(2) and (f) of section 1492 of the
National Defense Authorization Act for Fiscal Year 1991 shall apply in
the administration of this section.
(d) Additional Striking Authority.--The Secretary of the Treasury
shall strike such additional medals as may be necessary for presentation
under the authority of subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sum as may be necessary to carry out this section.
(f) Retroactive Effective Date.--The authority under subsection (a)
shall be effective as of November 5, 1990.
SEC. 1067. ASSIMILATIVE CRIMES AUTHORITY FOR TRAFFIC OFFENSES ON
MILITARY INSTALLATIONS.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is amended--
(1) by striking out ``Whoever shall violate'' and inserting
in lieu thereof ``(a) Except as provided in subsection (b),
whoever violates'';
(2) by inserting ``than'' after ``not more''; and
(3) by adding at the end the following:
``(b)(1) Whoever violates any military traffic regulation shall be
fined an amount not to exceed the amount of the maximum fine for a like
or similar offense under the criminal or civil law of the State,
territory, possession, or district where the military installation in
which the violation occurred is located, or imprisoned for not more than
30 days, or both.
``(2) For purposes of this subsection, the term `military traffic
regulation' means a rule or regulation for the control of vehicular or
pedestrian traffic on military installations that is promulgated
[[Page 110 STAT. 2655]]
by the Secretary of Defense, or the designee of the Secretary, under the
authority delegated pursuant to section 2.''.
SEC. 1068. UNIFORM CODE OF MILITARY JUSTICE AMENDMENTS.
(a) Technical Amendment Regarding Forfeitures During Confinement
Adjudged by a Court-martial.--(1) Section 858b(a)(1) of title 10, United
States Code (article 58b(a)(1) of the Uniform Code of Military Justice),
is amended--
(A) in the first sentence, by inserting ``(if adjudged by a
general court-martial)'' after ``all pay and''; and
(B) in the third sentence, by striking out ``two-thirds of
all pay and allowances'' and inserting in lieu thereof ``two-
thirds of all pay''.
(2) <<NOTE: Effective date. Applicability. 10 USC 858b note.>> The
amendments made by paragraph (1) shall take effect as of April 1, 1996,
and shall apply to any case in which a sentence is adjudged by a court-
martial on or after that date.
(b) Excepted Service Appointments to Certain Nonattorney Positions
of the United States Court of Appeals for the Armed Forces.--(1)
Subsection (c) of section 943 of title 10, United States Code (article
143(c) of the Uniform Code of Military Justice) is amended in paragraph
(1) by inserting after the first sentence the following: ``A position of
employment under the Court that is provided primarily for the service of
one judge of the court, reports directly to the judge, and is a position
of a confidential character is excepted from the competitive service.''.
(2) The caption for such subsection is amended by striking out
``attorney'' and inserting in lieu thereof ``certain''.
(c) Repeal of 13-Year Special Limit on Term of Transitional Judge of
United States Court of Appeals for the Armed Forces.--(1) Subsection
(d)(2) of section 1301 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1575; 10
U.S.C. 942 note) is amended by striking out ``to the judges who are
first appointed to the two new positions of the court created as of
October 1, 1990--'' and all that follows and inserting in lieu thereof
``to the judge who is first appointed to one of the two new positions of
the court created as of October 1, 1990, as designated by the President
at the time of appointment, the anniversary referred to in subparagraph
(A) of that paragraph shall be treated as being the seventh anniversary
and the number of years referred to in subparagraph (B) of that
paragraph shall be treated as being seven.''.
(2) Subsection (e)(1) of such section is amended by striking out
``each judge'' and inserting in lieu thereof ``a judge''.
SEC. 1069. PUNISHMENT OF INTERSTATE STALKING.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended by inserting after section 2261 the following new section:
``Sec. 2261A. Interstate stalking
``Whoever travels across a State line or within the special maritime
and territorial jurisdiction of the United States with the intent to
injure or harass another person, and in the course of, or as a result
of, such travel places that person in reasonable fear of the death of,
or serious bodily injury (as defined in section 1365(g)(3) of this
title) to, that person or a member of that person's immediate family (as
defined in section 115 of this title) shall be punished as provided in
section 2261 of this title.''.
[[Page 110 STAT. 2656]]
(b) Conforming Amendments.--Title 18, United States Code, is amended
as follows:
(1) Section 2261(b) is amended by inserting ``or section
2261A'' after ``this section''.
(2) Sections 2261(b) and 2262(b) are each amended by
striking ``offender's spouse or intimate partner'' each place it
appears and inserting ``victim''.
(3) The chapter heading for chapter 110A is amended by
inserting ``AND STALKING'' after ``VIOLENCE''.
(4) The item relating to chapter 110A in the table of
chapters at the beginning of part I is amended to read as
follows:
``110A. Domestic violence and stalking........................2261''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of such title is amended by inserting after the item
relating to section 2261 the following new item:
``2261A. Interstate stalking.''.
SEC. 1070. PARTICIPATION <<NOTE: 10 USC 113 note.>> OF MEMBERS,
DEPENDENTS, AND OTHER PERSONS IN CRIME
PREVENTION EFFORTS AT INSTALLATIONS.
(a) Crime Prevention Plan.--The Secretary of Defense shall prepare
and implement an incentive-based plan to encourage
members of the Armed Forces, dependents of members, civilian employees
of the Department of Defense, and employees of defense contractors
performing work at military installations to report to an appropriate
military law enforcement agency any crime or criminal activity that the
person reasonably believes occurred on a military installation or
involves a member of the Armed Forces.
(b) Incentives to Report Criminal Activity.--The Secretary of
Defense shall include in the plan developed under subsection (a)
incentives for members and other persons described in such subsection to
provide information to appropriate military law enforcement agencies
regarding any crime or criminal activity occurring on a military
installation or involving a member of the Armed Forces.
(c) Report Regarding Implementation.--Not later than February 1,
1997, the Secretary shall submit to Congress a report describing the
plan being developed under subsection (a).
SEC. 1071. DISPLAY OF STATE FLAGS AT INSTALLATIONS AND FACILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2249b. Display of State flags: prohibition on use of funds
to arbitrarily exclude flag; position and
manner of display
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to prescribe or enforce any rule
that arbitrarily excludes the official flag of any State, territory, or
possession of the United States from any display of the flags of the
States, territories, and possessions of the United States at an official
ceremony of the Department of Defense.
``(b) Position and Manner of Display.--The display of an official
flag of a State, territory, or possession of the United States at an
installation or other facility of the Department shall be
[[Page 110 STAT. 2657]]
governed by the provisions of section 3 of the Joint Resolution of June
22, 1942 (56 Stat. 378, chapter 435; 36 U.S.C. 175), and any
modification of such provisions under section 8 of that Joint Resolution
(36 U.S.C. 178).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter I of such chapter is amended by adding at the end the following
new item:
``2249b. Display of State flags: prohibition on use of funds to
arbitrarily exclude flag; position and manner of display.''.
SEC. 1072. TREATMENT OF EXCESS OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.
(a) Reutilization <<NOTE: Arizona.>> or Sale Before Transfer.--An
operational support airlift aircraft that is excess to the requirements
of the United States shall be placed in an inactive status and stored at
Davis-Monthan Air Force Base, Arizona, only upon the determination of
the Secretary of Defense that all reasonable efforts for the
reutilization of the aircraft by, or sale of the aircraft to, Federal
agencies or other persons have been completed. The Secretary shall
ensure that attempts to reutilize or sell the entire aircraft are given
precedence over any reutilization or sale of individual parts or
components of the aircraft.
(b) Operational Support Airlift Aircraft Defined.--In this section,
the term ``operational support airlift aircraft'' has the meaning given
such term in section 1086(f) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 458).
SEC. 1073. CORRECTION TO STATUTORY REFERENCES TO CERTAIN DEPARTMENT OF
DEFENSE ORGANIZATIONS.
(a) North American Aerospace Defense Command.--Section 162(a) of
title 10, United States Code, is amended by striking out ``North
American Air Defense Command'' in paragraphs (1), (2), and (3) and
inserting in lieu thereof ``North American Aerospace Defense Command''.
(b) Former Naval Records and History Office and Fund.--(1) Section
7222 of title 10, United States Code, is amended by striking out
``Office of Naval Records and
History'' each place it appears in subsections (a) and (c) and inserting
in lieu thereof ``Naval Historical Center''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 7222. Naval Historical Center Fund''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 631 of title 10, United States Code, is amended
to read as follows:
``7222. Naval Historical Center Fund.''.
(3) Section 2055(g) <<NOTE: 26 USC 2055.>> of the Internal Revenue
Code of 1986 is amended by striking out paragraph (4) and inserting in
lieu thereof the following:
``(4) For treatment of gifts and bequests for the
benefit of the Naval Historical Center as gifts or
bequests to or for the use of the United States, see
section 7222 of title 10, United States Code.''.
(c) Defense Distribution Center, Anniston.--The Corporation for the
Promotion of Rifle Practice and Firearms Safety Act
[[Page 110 STAT. 2658]]
(title XVI of Public Law 104-106; 110 Stat. 515; 36 U.S.C. 5501 et seq.)
is amended by striking out ``Anniston Army Depot'' each place it appears
in the following provisions and inserting in lieu thereof ``Defense
Distribution Depot, Anniston'':
(1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).
(2) Section 1616(b) (36 U.S.C. 5506(b)).
(3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).
(d) Chemical Demilitarization Citizens Advisory Commissions.--
Section 172 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2341; 50 U.S.C. 1521 note) is
amended by striking out ``Assistant Secretary of the Army
(Installations, Logistics, and Environment)'' in subsections (b) and (f)
and inserting in lieu thereof ``Assistant Secretary of the Army
(Research, Development and Acquisition)''.
(e) Defense Advanced Research Projects Agency.--(1) Each of the
following provisions of law is amended by inserting ``Defense'' before
``Advanced Research Projects Agency'' each place it appears:
(A) Section 5316 of title 5, United States Code.
(B) Subsections (b), (f), and (i) of section 2371 of title
10, United States Code.
(C) Section 822(c)(1)(D) of Public Law 101-510 (42 U.S.C.
6686).
(D) Section 845(a) of Public Law 103-160 (10 U.S.C. 2371
note).
(E) Section 243(a) of Public Law 103-160 (10 U.S.C. 2431
note).
(F) Sections 1352(c)(2), 1353, and 1354(a) of Public Law
103-160 (10 U.S.C. 2501 note).
(2) The section headings of each of the following sections are
amended by inserting ``defense'' before ``advanced'':
(A) Section 845 of Public Law 103-160 (10 U.S.C. 2371 note).
(B) Sections 1353 and 1354 of Public Law 103-160 (10 U.S.C.
2501 note).
(3) The heading for subsection (a) of section 1354 of Public Law
103-160 (10 U.S.C. 2501 note) is amended by striking out ``ARPA'' and
inserting in lieu thereof ``DARPA''.
SEC. 1074. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Miscellaneous Amendments to Title 10, United States Code.--Title
10, United States Code, is amended as follows:
(1) Section 129(a) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1996'' and inserting in lieu thereof ``February 10,
1996,''.
(2) Section 401 is amended--
(A) in subsection (a)(4), by striking out ``Armed
Forces'' both places it appears and inserting in lieu
thereof ``armed forces''; and
(B) in subsection (e), by inserting ``any of the
following'' after ``means''.
(3) Section 528(b) is amended by striking out ``(1)'' after
``(b)'' and inserting ``(1)'' before ``The limitation''.
(4) Section 1078a(a) is amended by striking out ``Beginning
on October 1, 1994, the'' and inserting in lieu thereof ``The''.
(5) Section 1161(b)(2) is amended by striking out ``section
1178'' and inserting in lieu thereof ``section 1167''.
[[Page 110 STAT. 2659]]
(6) Section 1167 is amended by striking out ``person'' and
inserting in lieu thereof ``member''.
(7) The table of sections at the beginning of chapter 81 is
amended by striking out ``Sec.'' in the item relating to section
1599a.
(8) Section 1588(d)(1)(C) is amended by striking out
``Section 522a'' and inserting in lieu thereof ``Section 552a''.
(9) Chapter 87 is amended--
(A) in section 1723(a), by striking out the second
sentence;
(B) in section 1724--
(i) in subsection (a), by striking out ``small
purchase threshold'' and inserting in lieu thereof
``simplified acquisition threshold''; and
(ii) in subsections (a) and (b), by striking
out ``, beginning on October 1, 1993,'';
(C) in section 1733(a), by striking out ``On and
after October 1, 1993, a'' and inserting in lieu thereof
``A''; and
(D) in section 1734--
(i) in subsection (a)(1), by striking out ``,
on and after October 1, 1993,''; and
(ii) in subsection (b)(1)(A), by striking out
``, on and after October 1, 1991,''.
(10) Section 2216, as added by section 371 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 107 Stat. 277), <<NOTE: Ante, p. 277.>> is redesignated as
section 2216a, and the item relating to that section in the
table of sections at the beginning of chapter 131 is revised so
as to reflect such redesignation.
(11) Section 2305(b)(6) is amended--
(A) in subparagraph (B), by striking out ``of this
section'' and ``of this paragraph'';
(B) in subparagraph (C), by striking out ``this
subsection'' and inserting in lieu thereof
``subparagraph (A)''; and
(C) in subparagraph (D), by striking out ``pursuant
to this subsection'' and inserting in lieu thereof
``under subparagraph (A)''.
(12) Section 2306a(h)(3) is amended by inserting ``(41
U.S.C. 403(12))'' before the period at the end.
(13) Section 2323a(a) is amended by striking out ``section
1207 of the National Defense Authorization Act for Fiscal Year
1987 (10 U.S.C. 2301 note)'' and inserting in lieu thereof
``section 2323 of this title''.
(14) Section 2534(c)(4) is amended by striking out ``the
date occurring two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996'' and
inserting in lieu thereof ``February 10, 1998''.
(15) The table of sections at the beginning of chapter 155
is amended by striking out the item relating to section 2609.
(16) Section 2610(e) is amended by striking out ``two years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in lieu
thereof ``on February 10, 1998''.
(17) Sections 2824(c) and 2826(i)(1) are amended by striking
out ``the date of the enactment of the National Defense
[[Page 110 STAT. 2660]]
Authorization Act for Fiscal Year 1996'' and inserting in lieu
thereof ``February 10, 1996''.
(18) Section 3036(d)(3) is amended by striking out ``For
purposes of this subsection,'' and inserting in lieu thereof
``In this subsection,''.
(19) The table of sections at the beginning of chapter 641
is amended by striking out the item relating to section 7434.
(20) Section 7863 is amended by inserting ``were'' in the
first sentence after ``the stores''.
(21) Section 10542(b)(21) is amended by striking out ``261''
and inserting in lieu thereof ``12001''.
(22) Section 12205(a) is amended by striking out ``After
September 30, 1995, no person'' and inserting in lieu thereof
``No person''.
(b) Amendments to Public Law 104-106.--The National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
186 et seq.) is amended as follows:
(1) Section 561(d)(1) (110 Stat. 322) <<NOTE: 10 USC
1405.>> is amended by inserting ``of such title'' after
``Section 1405(c)''.
(2) Section 1092(b)(2) (110 Stat. 460) is amended by
striking out the period at the end and inserting in lieu thereof
``; and''.
(3) Section 4301(a)(1) (110 Stat. 656) <<NOTE: 10 USC
2410b.>> is amended by inserting ``of subsection (a)'' after
``in paragraph (2)''.
(4) Section 5601 (110 Stat. 699) is amended--
(A) in subsection (a), <<NOTE: 10 USC 2305.>> by
inserting ``of title 10, United States Code,'' before
``is amended''; and
(B) in subsection (c), <<NOTE: 10 USC 2315.>> by
striking out ``use of equipment or services if,'' in the
second quoted matter therein and inserting in lieu
thereof ``use of the equipment or services''.
(5) Section 3403 (110 Stat. 631) is amended by striking out
``Act of Fiscal'' and inserting in lieu thereof ``Act for
Fiscal''.
(6) Section 4202(c)(1) (110 Stat. 653) <<NOTE: Effective
date. 41 USC 427.>> is amended, effective as of February 10,
1996, by striking out ``purchases of' '' in the first quoted
matter therein and inserting in lieu thereof ``contracts for'
''.
(7) Section 5607(c) (110 Stat. 701) <<NOTE: Effective
date. 41 USC 253b.>> is amended, effective as of February 10,
1996--
(A) by striking out ``303B(h)'' and by inserting in
lieu thereof ``303B(k)''; and
(B) by striking out ``253b(h)'' and by inserting in
lieu thereof ``253b(k)''.
(c) Provisions Executed Before Enactment of Public Law 104-106.--
(1) <<NOTE: Applicability. 10 USC 6975 note.>> Section
533(b) of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 315) shall apply as if
enacted as of December 31, 1995.
(2) <<NOTE: Effective date. 10 USC 942 note.>> The authority
provided under section 942(f) of title 10, United States Code,
shall be effective as if section 1142 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 467) had been enacted on September 29, 1995.
(d) Amendments to Other Acts.--
(1) The last section of the Office of Federal Procurement
Policy Act (41 U.S.C. 434), as added by section 5202 of Public
Law 104-106 (110 Stat. 690), is redesignated as section 38, and
the item appearing after section 34 in the table of contents
[[Page 110 STAT. 2661]]
in the first section of that Act is transferred to the end of
such table of contents and revised so as to reflect such
redesignation.
(2) Section 1412(g)(2) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)), is amended--
(A) in the matter preceding subparagraph (A), by
striking out ``shall contain--'' and inserting in lieu
thereof ``shall include the following:'';
(B) in subparagraph (A)--
(i) by striking out ``a'' before ``site-by-
site'' and inserting in lieu thereof ``A''; and
(ii) by striking out the semicolon at the end
and inserting in lieu thereof a period; and
(C) in subparagraphs (B) and (C), by striking out
``an'' at the beginning of the subparagraph and
inserting in lieu thereof ``An''.
(3) Section 3131 of Public Law 99-570 (19 U.S.C. 2081; 100
Stat. 3207-91) is amended in clause (v) of subsection (a)(1)(A)
by striking out ``and (c)'' both places it appears.
(e) Coordination <<NOTE: Applicability. 10 USC 101 note.>> With
Other Amendments.--For purposes of applying amendments made by
provisions of this Act other than provisions of this section, this
section shall be treated as having been enacted immediately before the
other provisions of this Act.
(f) Amendments to the Office of Federal Procurement Policy Act.--The
Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is
amended as follows:
(1) Section 6(f) (41 U.S.C. 405(f)) is amended by striking
out ``the policies set forth in section 2 or''.
(2) Section 15(a) (41 U.S.C. 413(a)) is amended by striking
out the second sentence.
(3) Section 25 (41 U.S.C. 421) is amended--
(A) in subsection (c)--
(i) in paragraph (3), by striking out ``the
policies set forth in section 2 of this Act or'';
and
(ii) in paragraph (5), by striking out ``or
the policies set forth in section 2 of this Act'';
and
(B) in subsection (e), by striking out ``the
policies of section 2 and''.
SEC. 1075. MODIFICATION TO THIRD-PARTY LIABILITY TO UNITED STATES
FOR TORTIOUS INFLICTION OF INJURY OR
DISEASE ON MEMBERS OF THE UNIFORMED
SERVICES.
(a) Recovery of Pay and Allowances.--The first section of Public Law
87-693 (42 U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``or pay for'' after ``required by
law to furnish''; and
(B) by striking out ``or to be furnished'' both
places it appears and inserting in lieu thereof ``, to
be furnished, paid for, or to be paid for'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a), the following new
subsections:
``(b) If a member of the uniformed services is injured, or contracts
a disease, under circumstances creating a tort liability upon a third
person (other than or in addition to the United States
[[Page 110 STAT. 2662]]
and except employers of seamen referred to in subsection (a)) for
damages for such injury or disease and the member is unable to perform
the member's regular military duties as a result of the injury or
disease, the United States shall have a right (independent of the rights
of the member) to recover from the third person or an insurer of the
third person, or both, the amount equal to the total amount of the pay
that accrues and is to accrue to the member for the period for which the
member is unable to perform such duties as a result of the injury or
disease and is not assigned to perform other military duties.
``(c)(1) If, pursuant to the laws of a State that are applicable in
a case of a member of the uniformed services who is injured or contracts
a disease as a result of tortious conduct of a third person, there is in
effect for such a case (as a substitute or alternative for compensation
for damages through tort liability) a system of compensation or
reimbursement for expenses of hospital, medical, surgical, or dental
care and treatment or for lost pay pursuant to a policy of insurance,
contract, medical or hospital service agreement, or similar arrangement,
the United States shall be deemed to be a third-party beneficiary of
such a policy, contract, agreement, or arrangement.
``(2) For the purposes of paragraph (1)--
``(A) the expenses incurred or to be incurred by the United
States for care and treatment for an injured or diseased member
as described in subsection (a) shall be deemed to have been
incurred by the member;
``(B) the cost to the United States of the pay of the member
as described in subsection (b) shall be deemed to have been pay
lost by the member as a result of the injury or disease; and
``(C) the United States shall be subrogated to any right or
claim that the injured or diseased member or the member's
guardian, personal representative, estate, dependents, or
survivors have under a policy, contract, agreement, or
arrangement referred to in paragraph (1) to the extent of the
reasonable value of the care and treatment and the total amount
of the pay deemed lost under subparagraph (B).'';
(4) in subsection (d), as redesignated by paragraph (2), by
inserting ``or paid for'' after ``treatment is furnished''; and
(5) by adding at the end the following:
``(f)(1) Any amount recovered under this section for medical care
and related services furnished by a military medical treatment facility
or similar military activity shall be credited to the appropriation or
appropriations supporting the operation of that facility or activity, as
determined under regulations prescribed by the Secretary of Defense.
``(2) Any amount recovered under this section for the cost to the
United States of pay of an injured or diseased member of the uniformed
services shall be credited to the appropriation that supports the
operation of the command, activity, or other unit to which the member
was assigned at the time of the injury or illness, as determined under
regulations prescribed by the Secretary concerned.
``(g) For the purposes of this section:
``(1) The term `uniformed services' has the meaning given
such term in section 101 of title 10, United States Code.
[[Page 110 STAT. 2663]]
``(2) The term `tortious conduct' includes any tortious
omission.
``(3) The term `pay', with respect to a member of the
uniformed services, means basic pay, special pay, and incentive
pay that the member is authorized to receive under
title 37, United States Code, or any other law providing pay for service
in the uniformed services.
``(4) The term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to the
Army, the Navy, the Air Force, the Marine Corps, and the
Coast Guard (when it is operating as a service in the
Navy);
``(B) the Secretary of Transportation, with respect
to the Coast Guard when it is not operating as a service
in the Navy;
``(C) the Secretary of Health and Human Services,
with respect to the commissioned corps of the Public
Health Service; and
``(D) the Secretary of Commerce, with respect to the
commissioned corps of the National Oceanic and
Atmospheric Administration.''.
(b) Conforming Amendments.--The first section of Public Law 87-693
(42 U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``(independent of the rights of the
injured or diseased person)'' after ``a right to
recover''; and
(B) by inserting ``, or that person's insurer,''
after ``from said third person'';
(2) in subsection (d), as redesignated by subsection
(a)(2)--
(A) by striking out ``such right,'' and inserting in
lieu thereof ``a right under subsections (a), (b), and
(c)''; and
(B) by inserting ``or the insurance carrier or other
entity responsible for the payment or reimbursement of
medical expenses or lost pay'' after ``the third person
who is liable for the injury or disease'' each place it
appears.
(c) Effective <<NOTE: Applicability. 42 USC 2651 note.>> Date.--The
authority to collect pursuant to the amendments made by this section
shall apply to expenses described in the first section of Public Law 87-
693 (as amended by this section) that are incurred, or are to be
incurred, by the United States on or after the date of the enactment of
this Act, whether the event from which the claim arises occurs before,
on, or after that date.
SEC. 1076. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS
PROGRAM.
(a) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives a report assessing the implementation and
success of the establishment of site-specific Integrated Product and
Process Teams as a management tool for the Chemical Stockpile Emergency
Preparedness Program.
(b) Contingent <<NOTE: Effective date.>> Mandated Reforms.--If at
the end of the 120-day period beginning on the date of the enactment of
this Act the Secretary of the Army and the Director of the Federal
Emergency Management Agency have been unsuccessful in
[[Page 110 STAT. 2664]]
implementing a site-specific Integrated Product and Process Team with
each of the affected States, the Secretary of the Army shall--
(1) assume full control and responsibility for the Chemical
Stockpile Emergency Preparedness Program (eliminating the role
of the Director of the Federal Emergency Management Agency as
joint manager of the program);
(2) establish programmatic agreement with each of the
affected States regarding program requirements, implementation
schedules, training and exercise requirements, and funding (to
include direct grants for program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
SEC. 1077. EXEMPTION FROM REQUIREMENTS APPLICABLE TO
SAVINGS ASSOCIATIONS FOR CERTAIN SAVINGS
INSTITUTIONS SERVING MILITARY PERSONNEL.
Section 10(m)(3)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(m)(3)(F)) is amended--
(1) in the subparagraph caption, by striking out
``association serving transient'' and inserting in lieu thereof
``associations serving certain'';
(2) by striking out ``company if--'' and all that follows
through ``90 percent'' and inserting in lieu thereof ``company
if at least 90 percent''; and
(3) by striking out ``officers'' both places it appears and
inserting in lieu thereof ``members''.
SEC. 1078. IMPROVEMENTS <<NOTE: Fellowships and scholarships.>> TO
NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Temporary Requirement Relating to Employment.--Title VII of the
Department of Defense Appropriations Act, 1996 (Public Law 104-61; 109
Stat. 650), is amended in the paragraph under the heading ``National
Security Education Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--(1) Subparagraph (A) of
subsection (a)(1) of section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended to read as follows:
``(A) awarding scholarships to undergraduate
students who--
``(i) are United States citizens in order to
enable such students to study, for at least one
academic semester or equivalent term, in foreign
countries that are critical countries (as
determined under section 803(d)(4)(A)) in those
languages and study areas where deficiencies exist
(as identified in the assessments undertaken
pursuant to section 806(d)); and
``(ii) pursuant to subsection (b)(2)(A), enter
into an agreement to work in a national security
position or work in the field of higher education
in the area of study for which the scholarship was
awarded;''; and
(2) Subparagraph (B) of that subsection is amended--
(A) in clause (i), by inserting ``relating to the national
security interests of the United States'' after ``international
fields''; and
(B) in clause (ii)--
(i) by striking out ``subsection (b)(2)'' and
inserting in lieu thereof ``subsection (b)(2)(B)''; and
[[Page 110 STAT. 2665]]
(ii) by striking out ``work for an agency or office
of the Federal Government or in'' and inserting in lieu
thereof ``work in a national security position or work
in''.
(c) Service Agreement.--(1) Subsection (b) of that section is
amended in the matter preceding paragraph (1) by striking out ``, or of
scholarships'' and all that follows through ``12 months or more,'' and
inserting in lieu thereof ``or any scholarship''.
(2) Paragraph (2) of that subsection is amended to read as follows:
``(2) will--
``(A) not later than eight years after such
recipient's completion of the study for which
scholarship assistance was provided under the program,
and in accordance with regulations issued by the
Secretary--
``(i) work in a national security position for
a period specified by the Secretary, which period
shall be no longer than the period for which
scholarship assistance was provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no national security position is available,
work in the field of higher education in a
discipline relating to the foreign country,
foreign language, area study, or international
field of study for which the scholarship was
awarded, for a period specified by the Secretary,
which period shall be determined in accordance
with clause (i); or
``(B) upon completion of such recipient's education
under the program, and in accordance with such
regulations--
``(i) work in a national security position for
a period specified by the Secretary, which period
shall be not less than one and not more than three
times the period for which the fellowship
assistance was provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no national security position is available
upon the completion of the degree, work in the
field of higher education in a discipline relating
to the foreign country, foreign language, area
study, or international field of study for which
the fellowship was awarded, for a period specified
by the Secretary, which period shall be
established in accordance with clause (i); and''.
(d) Evaluation of Progress in Language Skills.--Such
section is further amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Evaluation of Progress in Language Skills.--The Secretary
shall, through the National Security Education Program office,
administer a test of the foreign language skills of each recipient of a
scholarship or fellowship under this title before the commencement of
the study or education for which the scholarship or fellowship is
awarded and after the completion of such study or education. The purpose
of these tests is to evaluate the progress made by recipients of
scholarships and fellowships in developing foreign language skills as a
result of assistance under this title.''.
[[Page 110 STAT. 2666]]
(e) Functions of the National Security Education Board.--Section
803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(1) in paragraph (1), by inserting ``, including an order of
priority in such awards that favors individuals expressing an
interest in national security issues or pursuing a career in a
national security position'' before the period;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking out ``Make recommendations'' and inserting in
lieu thereof ``After taking into account the annual
analyses of trends in language, international, and area
studies under section 806(b)(1), make recommendations'';
(B) in subparagraph (A), by inserting ``and
countries which are of importance to the national
security interests of the United States'' after ``are
studying''; and
(C) in subparagraph (B), by inserting ``relating to
the national security interests of the United States''
after ``section 802(a)(1)(B)'';
(3) by redesignating paragraph (5) as paragraph (8); and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) Encourage applications for fellowships under this
title from graduate students having an educational background in
any academic discipline, particularly in the areas of science or
technology.
``(6) <<NOTE: Records.>> Provide the Secretary biennially
with a list of scholarship recipients and fellowship recipients,
including an assessment of their foreign area and language
skills, who are
available to work in a national security position.
``(7) <<NOTE: Reports.>> Not later than 30 days after a
scholarship or fellowship recipient completes the study or
education for which assistance was provided under the program,
provide the Secretary with a report fully describing the foreign
area and language skills obtained by the recipient as a result
of the assistance.''.
(f) National Security Position Defined.--(1) Section 808 of that Act
(50 U.S.C. 1908) is amended by adding at the end the following new
paragraph:
``(4) The term `national security position' means a
position--
``(A) having national security responsibilities in a
agency or office of the Federal Government that has
national security responsibilities, as determined under
section 802(g); and
``(B) in which the individual in such position makes
their foreign language skills available to such agency
or office.''.
(2) Section 802 of that Act (50 U.S.C. 1902), as amended by
subsection (d)(1) of this section, is further amended by adding at the
end the following new subsection:
``(g) Determination <<NOTE: Records.>> of Agencies and Offices of
the Federal Government Having National Security Responsibilities.--(1)
The Secretary, in consultation with the Board, shall annually determine
and develop a list identifying each agency or office of the Federal
Government having national security responsibilities at which a
recipient of a fellowship or scholarship under this title will be able
to make the recipient's foreign area and language skills available to
such agency or office. The Secretary shall submit the first such list to
the Congress and include each subsequent
[[Page 110 STAT. 2667]]
list in the annual report to the Congress, as required by section
806(b)(6).
``(2) Notwithstanding section 804, funds may not be made available
from the Fund to carry out this title for fiscal year 1997 until 30 days
after the date on which the Secretary of Defense submits to the Congress
the first such list required by paragraph (1).''.
(3) Section 806(b) of that Act (50 U.S.C. 1906(b)) is amended by
striking out ``and'' at the end of paragraph (5), redesignating
paragraph (6) as paragraph (7), and inserting after paragraph (5) the
following new paragraph (6):
``(6) the current list of agencies and offices of the
Federal Government required to be developed by section 802(g);
and''.
(g) Report on Program.--(1) Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report assessing the improvements to the program established
under the David L. Boren National Security Education Act of 1991 (50
U.S.C. 1901 et seq.) that result from the amendments made by this
section.
(2) The report shall include an assessment of the contribution of
the program, as so improved, in meeting the national security objectives
of the United States.
SEC. 1079. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) Aviation Risk Insurance.--(1) Chapter 931 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 9514. Indemnification of Department of Transportation for
losses covered by defense-related aviation
insurance
``(a) Prompt Indemnification Required.--(1) In the event of a loss
that is covered by defense-related aviation insurance, the Secretary of
Defense shall promptly indemnify the Secretary of Transportation for the
amount of the loss consistent with the indemnification agreement between
the two Secretaries that underlies such insurance. The Secretary of
Defense shall make such indemnification--
``(A) in the case of a claim for the loss of an aircraft
hull, not later than 30 days after the date on which the
Secretary of Transportation determines the claim to be payable
or that amounts are due under the policy that provided the
defense-related aviation insurance; and
``(B) in the case of any other claim, not later than 180
days after the date on which the Secretary of Transportation
determines the claim to be payable.
``(2) When there is a loss of an aircraft hull that is (or may be)
covered by defense-related aviation insurance, the Secretary of
Transportation may make, during the period when a claim for such loss is
pending with the Secretary of Transportation, any required periodic
payments owed by the insured party to a lessor or mortgagee of such
aircraft. Such payments shall commence not later than 30 days following
the date of the presentment of the claim for the loss of the aircraft
hull to the Secretary of Transportation. If the Secretary of
Transportation determines that the claim is payable, any amount paid
under this paragraph arising from such claim shall be credited against
the amount payable under
[[Page 110 STAT. 2668]]
the aviation insurance. If the Secretary of Transportation determines
that the claim is not payable, any amount paid under this paragraph
arising from such claim shall constitute a debt to the United States,
payable to the insurance fund. Any such amounts so returned to the
United States shall be promptly credited to the fund or account from
which the payments were made under this paragraph.
``(b) Source of Funds for Payment of Indemnity.--The Secretary of
Defense may pay an indemnity described in subsection (a) from any funds
available to the Department of Defense for operation and maintenance,
and such sums as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of Transportation
for such purpose.
``(c) Notice to Congress.--In the event of a loss that is covered by
defense-related aviation insurance in the case of an incident in which
the covered loss is (or is expected to be) in an amount in excess of
$1,000,000, the Secretary of Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days after
the date of the loss; and
``(2) <<NOTE: Reports.>> semiannual reports thereafter
updating the information submitted under paragraph (1) and
showing with respect to losses arising from such incident the
total amount expended to cover such losses, the source of those
funds, pending litigation, and estimated total cost to the
Government.
``(d) Implementing Matters.--(1) Payment of indemnification under
this section is not subject to section 2214 or 2215 of this title or any
other provision of law requiring notification to Congress before funds
may be transferred.
``(2) Consolidation of claims arising from the same incident is not
required before indemnification of the Secretary of Transportation for
payment of a claim may be made under this section.
``(e) Construction With Other Transfer Authority.--Authority to
transfer funds under this section is in addition to any other authority
provided by law to transfer funds (whether enacted before, on, or after
the date of the enactment of this section) and is not subject to any
dollar limitation or notification requirement contained in any other
such authority to transfer funds.
``(f) Annual Report on Contingent Liabilities.--Not later than March
1 of each year, the Secretary of Defense shall submit to Congress a
report setting forth the current amount of the contingent outstanding
liability of the United States under the insurance program under chapter
443 of title 49.
``(g) Definitions.--In this section:
``(1) Defense-related aviation insurance.--The term
`defense-related aviation insurance' means aviation insurance
and reinsurance provided through policies issued by the
Secretary of Transportation under chapter 443 of title 49 that
pursuant to section 44305(b) of that title is provided by that
Secretary without premium at the request of the Secretary of
Defense and is covered by an indemnity agreement between the
Secretary of Transportation and the Secretary of Defense.
``(2) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the defense-related aviation
insurance.''.
[[Page 110 STAT. 2669]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9514. Indemnification of Department of Transportation for losses
covered by
defense-related aviation insurance.''.
(b) Vessel War Risk Insurance.--(1) Chapter 157 of title 10, United
States Code, is amended by adding after section 2644, as redesignated by
section 906, the following new section:
``Sec. 2645. Indemnification of Department of Transportation for
losses covered by vessel war risk insurance
``(a) Prompt Indemnification Required.--(1) In the event of a loss
that is covered by vessel war risk insurance, the Secretary of Defense
shall promptly indemnify the Secretary of Transportation for the amount
of the loss consistent with the indemnification agreement between the
two Secretaries that underlies such insurance. The Secretary of Defense
shall make such indemnification--
``(A) in the case of a claim for the loss of a vessel, not
later than 90 days after the date on which the Secretary of
Transportation determines the claim to be payable or that
amounts are due under the policy that provided the vessel war
risk insurance; and
``(B) in the case of any other claim, not later than 180
days after the date on which on which the Secretary of
Transportation determines the claim to be payable.
``(2) When there is a loss of a vessel that is (or may be) covered
by vessel war risk insurance, the Secretary of Transportation may make,
during the period when a claim for such loss is pending with the
Secretary of Transportation, any required periodic payments owed by the
insured party to a lessor or mortgagee of such vessel. Such payments
shall commence not later than 30 days following the date of the
presentment of the claim for the loss of the vessel to the Secretary of
Transportation. If the Secretary of Transportation determines that the
claim is payable, any amount paid under this paragraph arising from such
claim shall be credited against the amount payable under the vessel war
risk insurance. If the Secretary of Transportation determines that the
claim is not payable, any amount paid under this paragraph arising from
such claim shall constitute a debt to the United States, payable to the
insurance fund. Any such amounts so returned to the United States shall
be promptly credited to the fund or account from which the payments were
made under this paragraph.
``(b) Source of Funds for Payment of Indemnity.--The Secretary of
Defense may pay an indemnity described in subsection (a) from any funds
available to the Department of Defense for operation and maintenance,
and such sums as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of Transportation
for such purpose.
``(c) Deposit of Funds.--Any amount transferred to the Secretary of
Transportation under this section shall be deposited in, and merged with
amounts in, the Vessel War Risk Insurance Fund as provided in the second
sentence of section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1288(a)).
``(d) Notice to Congress.--In the event of a loss that is covered by
vessel war risk insurance in the case of an incident in which the
covered loss is (or is expected to be) in an amount in excess of
$1,000,000, the Secretary of Defense shall submit to Congress--
[[Page 110 STAT. 2670]]
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days after
the date of the loss; and
``(2) <<NOTE: Reports.>> semiannual reports thereafter
updating the information submitted under paragraph (1) and
showing with respect to losses arising from such incident the
total amount expended to cover such losses, the source of such
funds, pending litigation, and estimated total cost to the
Government.
``(e) Implementing Matters.--(1) Payment of indemnification under
this section is not subject to section 2214 or
2215 of this title or any other provision of law requiring notification
to Congress before funds may be transferred.
``(2) Consolidation of claims arising from the same incident is not
required before indemnification of the Secretary of Transportation for
payment of a claim may be made under this section.
``(f) Construction With Other Transfer Authority.--Authority to
transfer funds under this section is in addition to any other authority
provided by law to transfer funds (whether enacted before, on, or after
the date of the enactment of this section) and is not subject to any
dollar limitation or notification requirement contained in any other
such authority to transfer funds.
``(g) Annual Report on Contingent Liabilities.--Not later than March
1 of each year, the Secretary of Defense shall submit to Congress a
report setting forth the current amount of the contingent outstanding
liability of the United States under the vessel war risk insurance
program under title XII of the Merchant Marine Act, 1936 (46 U.S.C. App.
1281 et seq.).
``(h) Definitions.--In this section:
``(1) Vessel war risk insurance.--The term `vessel war risk
insurance' means insurance and reinsurance provided through
policies issued by the Secretary of Transportation under title
XII of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et
seq.), that is provided by that Secretary without premium at the
request of the Secretary of Defense and is covered by an
indemnity agreement between the Secretary of Transportation and
the Secretary of Defense.
``(2) Vessel war risk insurance fund.--The term `Vessel War
Risk Insurance Fund' means the insurance fund referred to in the
first sentence of section 1208(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1288(a)).
``(3) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the vessel war risk
insurance.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2644, as added by
section 906, the following new item:
``2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance.''.
SEC. 1080. DESIGNATION <<NOTE: Virginia. 16 USC 431 note.>> OF
MEMORIAL AS NATIONAL D-DAY
MEMORIAL.
(a) Designation.--The memorial to be constructed by the National D-
Day Memorial Foundation in Bedford, Virginia, is hereby designated as a
national memorial to be known as the ``National D-Day Memorial''. The
memorial shall serve to honor the members of the Armed Forces of the
United States who served in the liberation of Normandy, France, in June
1944.
[[Page 110 STAT. 2671]]
(b) Public Proclamation.--The President is requested and urged to
issue a public proclamation acknowledging the designation of the
memorial to be constructed by the National D-Day Memorial Foundation in
Bedford, Virginia, as the National D-Day Memorial.
(c) Maintenance of Memorial.--All expenses for maintenance and care
of the memorial shall be paid for with non-Federal funds, including
funds provided by the National D-Day Memorial Foundation. The United
States shall not be liable for any expense incurred for the maintenance
and care of the memorial.
SEC. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE
AGREEMENT BETWEEN UNITED STATES AND
JAPAN.
(a) Findings.--Congress makes the following findings:
(1) <<NOTE: William J. Clinton. Ryutaro Hashimoto.>> The
United States and Japan share a long and important bilateral
relationship which serves as an anchor of peace and stability in
the Asia Pacific region, an alliance which was reaffirmed at the
recent summit meeting between President Clinton and Prime
Minister Hashimoto in Tokyo.
(2) The Japanese economy has experienced difficulty over the
past few years, demonstrating that it is no longer possible for
Japan, the world's second largest economy, to use exports as the
sole engine of economic growth, but that the Government of Japan
must promote deregulation of its domestic economy in order to
increase economic growth.
(3) Deregulation of the Japanese economy requires
government attention to the removal of barriers to imports of
manufactured goods.
(4) The United States-Japan Semiconductor Trade
Agreement has begun the process of deregulation in the
semiconductor sector and is opening the Japanese market to
competitive foreign products.
(5) The United States-Japan Semiconductor Trade Agreement
has put in place both government-to-government and industry-to-
industry mechanisms which have played a vital role in allowing
cooperation to replace conflict in this important high
technology sector.
(6) The mechanisms include joint calculation of foreign
market share, deterrence of dumping, and promotion of industrial
cooperation in the design of foreign semiconductor devices.
(7) Because of these actions under the United States-Japan
Semiconductor Trade Agreement, the United States and Japan today
enjoy trade in semiconductors which is mutually beneficial,
harmonious, and free from the friction that once characterized
the semiconductor industry.
(8) Because of structural barriers in Japan, a gap still
remains between the share of the world market for semiconductor
products outside Japan that the United States and other foreign
semiconductor sources are able to capture through
competitiveness and the share of the Japanese semiconductor
market that the United States and those other sources are able
to capture through competitiveness, and that gap is consistent
across the full range of semiconductor products as well as a
full range of end-use applications.
(9) The competitiveness and health of the United States
semiconductor industry is of critical importance to the overall
[[Page 110 STAT. 2672]]
economic well-being and high-technology defense capabilities of
the United States.
(10) The economic interests of both the United States and
Japan are best served by well functioning, open markets,
deterrence of dumping, and continuing good cooperative
relationships in all sectors, including semiconductors.
(11) A strong and healthy military and political alliance
between the United States and Japan requires continuation of the
industrial and economic cooperation promoted by the United
States-Japan Semiconductor Trade Agreement.
(12) President Clinton has called on the Government of Japan
to agree to a continuation of the United States-Japan
Semiconductor Trade Agreement beyond the current agreement's
expiration on July 31, 1996.
(13) The Government of Japan has opposed any
continuation of the United States-Japan Semiconductor Trade
Agreement to promote cooperation in United States-Japan
semiconductor trade.
(b) Sense of Congress.--On the basis of the findings contained in
subsection (a), it is the sense of Congress that--
(1) it is regrettable that the Government of Japan has
refused to consider continuation of the United States-Japan
Semiconductor Trade Agreement to ensure that cooperation
continues in the semiconductor sector beyond the expiration of
the agreement on July 31, 1996; and
(2) the President should take all necessary and appropriate
actions to ensure the resumption and extension of the United
States-Japan Semiconductor Trade Agreement beyond July 31, 1996.
(c) Definition.--For purposes of this section, the term ``United
States-Japan Semiconductor Trade Agreement'' refers to the agreement
between the United States and Japan concerning trade in semiconductor
products, with arrangement, done by exchange of letters at Washington on
June 11, 1991.
SEC. 1082. AGREEMENTS <<NOTE: 10 USC 168 note.>> FOR EXCHANGE OF
DEFENSE PERSONNEL BETWEEN THE UNITED
STATES AND FOREIGN COUNTRIES.
(a) Authority To Enter Into International Exchange Agreements.--(1)
The Secretary of Defense may enter into international defense personnel
exchange agreements.
(2) For purposes of this section, an international defense personnel
exchange agreement is an agreement with the government of an ally of the
United States or another friendly foreign country for the exchange of--
(A) military and civilian personnel of the Department of
Defense; and
(B) military and civilian personnel of the defense ministry
of that foreign government.
(b) Assignment of Personnel.--(1) Pursuant to an international
defense personnel exchange agreement, personnel of the defense ministry
of a foreign government may be assigned to positions in the Department
of Defense and personnel of the
Department of Defense may be assigned to positions in the defense
ministry of such foreign government. Positions to which exchanged
personnel are assigned may include positions of instructors.
[[Page 110 STAT. 2673]]
(2) An agreement for the exchange of personnel engaged in research
and development activities may provide for assignment of Department of
Defense personnel to positions in private industry that support the
defense ministry of the host foreign government.
(3) An individual may not be assigned to a position pursuant to an
international defense personnel exchange agreement unless the assignment
is acceptable to both governments.
(c) Reciprocity of Personnel Qualifications Required.--Each
government shall be required under an international defense personnel
exchange agreement to provide personnel with qualifications, training,
and skills that are essentially equal to those of the personnel provided
by the other government.
(d) Payment of Personnel Costs.--(1) Each government shall pay the
salary, per diem, cost of living, travel costs, cost of language or
other training, and other costs for its own personnel in accordance with
the applicable laws and regulations of such government.
(2) Paragraph (1) does not apply to the following costs:
(A) The cost of temporary duty directed by the host
government.
(B) The cost of training programs conducted to familiarize,
orient, or certify exchanged personnel regarding unique aspects
of the assignments of the exchanged personnel.
(C) Costs incident to the use of the facilities of the host
government in the performance of assigned duties.
(e) Prohibited Conditions.--No personnel exchanged pursuant to an
agreement under this section may take or be required to take an oath of
allegiance to the host country or to hold an official capacity in the
government of such country.
(f) Relationship to Other Authority.--The requirements in
subsections (c) and (d) shall apply in the exercise of any authority of
the Secretaries of the military departments to enter into an agreement
with the government of a foreign country to provide for the exchange of
members of the armed forces and military personnel of the foreign
country. The Secretary of Defense may prescribe regulations for the
application of such subsections in the exercise of such authority.
SEC. 1083. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.
It is the sense of the Senate that, notwithstanding any other
provision of law, in order to maximize the amount of equipment provided
to the Government of Bosnia and Herzegovina under the authority
contained in section 540 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 737), the price of the transferred equipment shall not exceed the
lowest level at which the same or similar equipment
has been transferred to any other country under any other United States
Government program.
SEC. 1084. <<NOTE: President. 22 USC 1928 note.>> DEFENSE BURDENSHARING.
(a) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) Increase its financial contributions to the payment of
the nonpersonnel costs incurred by the United States Government
for stationing United States military personnel in that
[[Page 110 STAT. 2674]]
nation, with a goal of achieving by September 30, 2000, 75
percent of such costs. An increase in financial contributions by
any nation under this paragraph may include the elimination of
taxes, fees, or other charges levied on United States military
personnel, equipment, or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(b) Authorities To Encourage Actions by United States Allies.--In
seeking the actions described in subsection (a) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar to
those that such nation imposes on United States forces stationed
in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation, consistent
with the terms of such agreement.
(5) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(c) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1997, the Secretary of Defense shall submit to
Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described
in subsection (a); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(d) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best allocation
of budgetary resources, the President shall undertake a review of the
status of elements of the United
[[Page 110 STAT. 2675]]
States Armed Forces that are permanently stationed outside the United
States. The review shall include an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support permanently
stationing elements of the United States Armed Forces outside
the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements or
national security interests, with such alternatives identified
and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule
of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of each
nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the review
under paragraph (1). The report shall be submitted not later than March
1, 1997, in classified and unclassified form.
(e) Report Date.--Section 1003(c) of Public Law 98-515 is amended by
striking out ``each year'' and inserting ``by March 1, 1998, and every
other year thereafter''.
TITLE XI--NATIONAL <<NOTE: National Imagery and Mapping Agency Act of
1996.>> IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the
Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
[[Page 110 STAT. 2676]]
SEC. 1101. <<NOTE: 10 USC 441 note.>> SHORT TITLE.
This title may be cited as the ``National Imagery and Mapping Agency
Act of 1996''.
SEC. 1102. <<NOTE: 10 USC 441 note.>> FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense and the
Intelligence Community of the United States to provide a single
agency focus for the growing number and diverse types of
customers for imagery and geospatial information resources
within the Government, to ensure visibility and accountability
for those resources, and to harness, leverage, and focus rapid
technological developments to serve the imagery, imagery
intelligence, and geospatial information customers.
(2) There is a need for a single Government agency to
solicit and advocate the needs of that growing and diverse pool
of customers.
(3) A single combat support agency dedicated to imagery,
imagery intelligence, and geospatial information could act as a
focal point for support of all imagery intelligence and
geospatial information customers, including customers in the
Department of Defense, the Intelligence Community, and related
agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the
imagery, imagery intelligence, and geospatial information
customers if it were organized--
(A) to carry out its mission responsibilities under
the authority, direction, and control of the Secretary
of Defense, with the advice of the Chairman of the Joint
Chiefs of Staff; and
(B) to carry out its responsibilities to national
intelligence customers in accordance with policies and
priorities established by the Director of Central
Intelligence.
SEC. 1103. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENT AND
EVALUATION OF CERTAIN INTELLIGENCE OFFICIALS.
(a) In General.--Section 201 of title 10, United States Code, is
amended to read as follows:
``Sec. 201. Certain intelligence officials: consultation and
concurrence regarding appointments; evaluation
of performance
``(a) Consultation Regarding Appointment.--Before submitting a
recommendation to the President regarding the appointment of an
individual to the position of Director of the Defense Intelligence
Agency, the Secretary of Defense shall consult with the Director of
Central Intelligence regarding the recommendation.
``(b) Concurrence in Appointment.--(1) Before submitting a
recommendation to the President regarding the appointment of an
individual to a position referred to in paragraph (2), the Secretary of
Defense shall seek the concurrence of the Director of Central
Intelligence in the recommendation. If the Director does not concur in
the recommendation, the Secretary may make the recommendation to the
President without the Director's concur
[[Page 110 STAT. 2677]]
rence, but shall include in the recommendation a statement that the
Director does not concur in the recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.
``(c) Performance Evaluations.--(1) The Director of Central
Intelligence shall provide annually to the Secretary of Defense, for the
Secretary's consideration, an evaluation of the performance of the
individuals holding the positions referred to in paragraph (2) in
fulfilling their respective responsibilities with regard to the National
Foreign Intelligence Program.
``(2) The positions referred to in paragraph (1) are the following:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.''.
(b) Clerical Amendment.--The item relating to section 201 in the
table of sections at the beginning of subchapter II of chapter 8 of such
title is amended to read as follows:
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.''.
Subtitle A--Establishment of Agency
SEC. 1111. <<NOTE: 10 USC 441 note.>> ESTABLISHMENT.
(a) Establishment.--There is hereby established in the Department of
Defense a Defense Agency to be known as the National Imagery and Mapping
Agency.
(b) Transfer of Functions From Department of Defense Entities.--The
missions and functions of the following elements of the Department of
Defense are transferred to the National Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as specified
in the classified annex to this Act.
(c) Transfer of Functions From Central Intelligence Agency.--The
missions and functions of the following elements of the Central
Intelligence Agency are transferred to the National Imagery and Mapping
Agency:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
(d) Preservation of Level and Quality of Imagery Intelligence
Support to All-Source Analysis and Production.--In managing the
establishment of the National Imagery and Mapping Agency, the Secretary
of Defense, in consultation with the Director of Central Intelligence,
shall ensure that imagery intelligence support provided to all-source
analysis and production is in no way degraded or compromised.
SEC. 1112. MISSIONS AND AUTHORITY.
(a) Agency Charter.--Part I of subtitle A of title 10, United States
Code, is amended--
[[Page 110 STAT. 2678]]
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new
chapter 22:
``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
``Subchapter Sec.
``I. Missions and Authority....................................... 441
``II. Maps, Charts, and Geodetic Products......................... 451
``III. Personnel Management....................................... 461
``IV. Definitions................................................. 467
``SUBCHAPTER I--MISSIONS AND AUTHORITY
``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for
foreign countries.
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational
information.
``Sec. 441. Establishment
``(a) Establishment.--The National Imagery and Mapping Agency is a
combat support agency of the Department of Defense and has significant
national missions.
``(b) Director.--(1) The Director of the National Imagery and
Mapping Agency is the head of the agency.
``(2) Upon a vacancy in the position of Director, the Secretary of
Defense shall recommend to the President an individual for appointment
to the position.
``(3) If an officer of the armed forces on active duty is appointed
to the position of Director, the position shall be treated as having
been designated by the President as a position of importance and
responsibility for purposes of section 601 of this title and shall carry
the grade of lieutenant general, or, in the case of an officer of the
Navy, vice admiral.
``(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the Director of
Central Intelligence shall have authority (except as otherwise agreed by
the Director and the Secretary of Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.
``(d) Availability and Continued Improvement of Imagery Intelligence
Support to All-Source Analysis and Production Function.--The Secretary
of Defense, in consultation with the Director of Central Intelligence,
shall take all necessary steps to ensure the full availability and
continued improvement of imagery intelligence support for all-source
analysis and production.
``Sec. 442. Missions
``(a) National Security Missions.--(1) The National Imagery and
Mapping Agency shall, in support of the national security objectives of
the United States, provide the following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
[[Page 110 STAT. 2679]]
``(2) Imagery, intelligence, and information provided in carrying
out paragraph (1) shall be timely, relevant, and accurate.
``(b) Navigation Information.--The National Imagery and Mapping
Agency shall improve means of navigating vessels of the Navy and the
merchant marine by providing, under the authority of the Secretary of
Defense, accurate and inexpensive nautical charts, sailing directions,
books on navigation, and manuals of instructions for the use of all
vessels of the United States and of navigators generally.
``(c) Maps, Charts, Etc.--The National Imagery and Mapping Agency
shall prepare and distribute maps, charts, books, and geodetic products
as authorized under subchapter II of this chapter.
``(d) National Missions.--The National Imagery and Mapping Agency
also has national missions as specified in section 120(a) of the
National Security Act of 1947.
``(e) Systems.--The National Imagery and Mapping Agency may, in
furtherance of a mission of the Agency, design, develop, deploy,
operate, and maintain systems related to the processing and
dissemination of imagery intelligence and geospatial information that
may be transferred to, accepted or used by, or used on behalf of--
``(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or tactical
unit; or
``(2) any other department or agency of the United States.
``Sec. 443. Imagery intelligence and geospatial information:
support for foreign countries
``(a) Use of Appropriated Funds.--The Director of the National
Imagery and Mapping Agency may use appropriated funds available to the
National Imagery and Mapping Agency to provide foreign countries with
imagery intelligence and geospatial information support.
``(b) Use of Funds Other Than Appropriated Funds.--The Director may
use funds other than appropriated funds to provide foreign countries
with imagery intelligence and geospatial information support,
notwithstanding provisions of law relating to the expenditure of funds
of the United States, except that--
``(1) no such funds may be expended, in whole or in part, by
or for the benefit of the National Imagery and Mapping Agency
for a purpose for which Congress had previously denied funds.
``(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase
replacement items similar to the items that are sold; and
``(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit of
the United States.
``(c) Accommodation Procurements.--The authority under this section
may be exercised to conduct accommodation procurements on behalf of
foreign countries.
``(d) Coordination With Director of Central Intelligence.--The
Director of the Agency shall coordinate with the Director of Central
Intelligence any action under this section that involves imagery
intelligence or intelligence products or involves providing support to
an intelligence or security service of a foreign country.
[[Page 110 STAT. 2680]]
``Sec. 444. Support from Central Intelligence Agency
``(a) Support Authorized.--The Director of Central Intelligence may
provide support in accordance with this section to the Director of the
National Imagery and Mapping Agency. The Director of the National
Imagery and Mapping Agency may accept support provided under this
section.
``(b) Administrative and Contract Services.--(1) In furtherance of
the national intelligence effort, the Director of Central Intelligence
may provide administrative and contract services to the National Imagery
and Mapping Agency as if that agency were an organizational element of
the Central Intelligence Agency.
``(2) Services provided under paragraph (1) may include the services
of security police. For purposes of section 15 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of the
National Imagery and Mapping Agency that is provided security police
services under this section shall be considered an installation of the
Central Intelligence Agency.
``(3) Support provided under this subsection shall be provided under
terms and conditions agreed upon by the Secretary of Defense and the
Director of Central Intelligence.
``(c) Detail of Personnel.--The Director of Central Intelligence may
detail personnel of the Central Intelligence Agency indefinitely to the
National Imagery and Mapping Agency without regard to any limitation on
the duration of interagency details of Federal Government personnel.
``(d) Reimbursable or Nonreimbursable Support.--Support under this
section may be provided and accepted on either a reimbursable basis or a
nonreimbursable basis.
``(e) Authority To Transfer Funds.--(1) The Director of the National
Imagery and Mapping Agency may transfer funds available for that agency
to the Director of Central Intelligence for the Central Intelligence
Agency.
``(2) The Director of Central Intelligence--
``(A) may accept funds transferred under paragraph
(1); and
``(B) shall expend such funds, in accordance with the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.), to provide administrative and contract services or detail
personnel to the National Imagery and Mapping Agency under this
section.
``Sec. 445. Protection of agency identifications and
organizational information
``(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1)
Except with the written permission of the Secretary of Defense, no
person may knowingly use, in connection with any merchandise, retail
product, impersonation, solicitation, or commercial activity in a manner
reasonably calculated
to convey the impression that such use is approved, endorsed, or
authorized by the Secretary of Defense, any of the following:
``(A) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and Mapping
Agency.
``(B) The words `Defense Mapping Agency', the initials
`DMA', or the seal of the Defense Mapping Agency.
``(C) Any colorable imitation of such words, initials, or
seals.
[[Page 110 STAT. 2681]]
``(2) Whenever it appears to the Attorney General that any person is
engaged or about to engage in an act or practice which constitutes or
will constitute conduct prohibited by paragraph (1), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to a hearing and determination of such action and
may, at any time before such final determination, enter such restraining
orders or prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class of persons
for whose protection the action is brought.
``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations.
``455. Maps, charts, and geodetic data: public availability; exceptions.
``456. Civil actions barred.
``SUBCHAPTER III--PERSONNEL MANAGEMENT
``Sec.
``461. Management rights.
``Sec. 461. Management rights
``(a) Scope.--If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United States to
consult or negotiate with a labor organization on a particular matter by
reason of that matter being covered by a provision of law or a
Governmentwide regulation, the Director of the National Imagery and
Mapping Agency is not obligated to consult or negotiate with a labor
organization on that matter even if that provision of law or regulation
is inapplicable to the National Imagery and Mapping Agency.
``(b) Bargaining Units.--The National Imagery and Mapping Agency
shall accord exclusive recognition to a labor organization under section
7111 of title 5 only for a bargaining unit that was recognized as
appropriate for the Defense Mapping Agency on the day before the date on
which employees and positions of the Defense Mapping Agency in that
bargaining unit became employees and positions of the National Imagery
and Mapping Agency under the National Imagery and Mapping Agency Act of
1996 (title XI of the National Defense Authorization Act for Fiscal Year
1997).
``(c) Termination of Bargaining Unit Coverage of Position Modified
To Affect National Security Directly.--(1) If the Director of the
National Imagery and Mapping Agency determines that the responsibilities
of a position within a collective bargaining unit should be modified to
include intelligence, counterintelligence, investigative, or security
duties not previously assigned to that position and that the performance
of the newly assigned duties directly affects the national security of
the United States, then, upon such a modification of the
responsibilities of that position, the position shall cease to be
covered by the collective bargaining unit and the employee in that
position shall cease to be entitled
[[Page 110 STAT. 2682]]
to representation by a labor organization accorded exclusive recognition
for that collective bargaining unit.
``(2) A determination described in paragraph (1) that is made by the
Director of the National Imagery and Mapping Agency may not be reviewed
by the Federal Labor Relations Authority or any court of the United
States.
``SUBCHAPTER IV--DEFINITIONS
``Sec.
``467. Definitions.
``Sec. 467. Definitions
``In this chapter:
``(1) The term `function' means any duty, obligation,
responsibility, privilege, activity, or program.
``(2)(A) The term `imagery' means, except as provided in
subparagraph (B), a likeness or presentation of any natural or
manmade feature or related object or activity and the positional
data acquired at the same time the likeness or representation
was acquired, including--
``(i) products produced by space-based national
intelligence reconnaissance systems; and
``(ii) likenesses or presentations produced by
satellites, airborne platforms, unmanned aerial
vehicles, or other similar means.
``(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.
``(3) The term `imagery intelligence' means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral materials.
``(4) The term `geospatial information' means information
that identifies the geographic location and characteristics of
natural or constructed features and boundaries on the earth and
includes--
``(A) statistical data and information derived from,
among other things, remote sensing, mapping, and
surveying technologies;
``(B) mapping, charting, and geodetic data; and
``(C) geodetic products, as defined in section
455(c) of this title.''.
(b) Transfer of Defense Mapping Agency Provisions.--(1) Sections
2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code,
are transferred to subchapter II of chapter 22
of such title, as added by subsection (a), inserted in that sequence in
such subchapter following the table of sections, and redesignated in
accordance with the following table:
Section Section as
transferred redesignated
2792.......................................................... 451
2793.......................................................... 452
2794.......................................................... 453
2795.......................................................... 454
2796.......................................................... 455
2798.......................................................... 456.
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and
(b)(1)(C)), and 456 of title 10, United States Code, as
[[Page 110 STAT. 2683]]
transferred and redesignated by paragraph (1), are amended by striking
out ``Defense Mapping Agency'' each place it appears and inserting in
lieu thereof ``National Imagery and Mapping Agency''.
(c) Oversight of Agency as a Combat Support Agency.--Section 193 of
title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and inserting in
lieu thereof ``Review of National Security Agency and
National Imagery and Mapping Agency.--'';
(B) in paragraph (1)--
(i) by inserting ``and the National Imagery
and Mapping Agency'' after ``the National Security
Agency''; and
(ii) by striking out ``the Agency'' and
inserting in lieu thereof ``that the agencies'';
and
(C) in paragraph (2), by inserting ``and the
National Imagery and Mapping Agency'' after ``the
National Security Agency'';
(2) in subsection (e)--
(A) by striking out ``DIA and NSA'' in the caption
and inserting in lieu thereof the following: ``DIA, NSA,
and NIMA''; and
(B) by striking out ``and the National Security
Agency'' and inserting in lieu thereof ``, the National
Security Agency, and the National Imagery and Mapping
Agency''; and
(3) in subsection (f), by striking out paragraph (4) and
inserting in lieu thereof the following:
``(4) The National Imagery and Mapping Agency.''.
(d) Consolidation and Standardization of Exemptions From Disclosure
of Organizational and Personnel Information.--Chapter 21 of title 10,
United States Code, is amended by striking out sections 424 and 425 and
inserting in lieu thereof the following:
``Sec. 424. Disclosure of organizational and personnel
information: exemption for Defense Intelligence
Agency, National Reconnaissance Office, and
National Imagery and Mapping Agency
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (c), no provision of law shall be
construed to require the disclosure of--
``(1) the organization or any function of an organization of
the Department of Defense named in subsection (b); or
``(2) the number of persons employed by or assigned or
detailed to any such organization or the name, official title,
occupational series, grade, or salary of any such person.
``(b) Covered Organizations.--This section applies to the following
organizations of the Department of Defense:
``(1) The Defense Intelligence Agency.
``(2) The National Reconnaissance Office.
``(3) The National Imagery and Mapping Agency.
``(c) Provision of Information to Congress.--Subsection (a) does not
apply with respect to the provision of information to Congress.''.
(e) Special Printing Authority for Agency.--(1) Section 207(a)(2)(B)
of the Legislative Branch Appropriations Act, 1993
[[Page 110 STAT. 2684]]
(Public Law 102-392; 44 U.S.C. 501 note), is amended by inserting
``National Imagery and Mapping Agency,'' after ``Defense Intelligence
Agency,''.
(2) Section 1336 of title 44, United States Code, is amended--
(A) by striking out ``Secretary of the Navy'' and inserting
in lieu thereof ``Director of the National Imagery and Mapping
Agency''; and
(B) by striking out ``United States Naval Oceanographic
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
SEC. 1113. <<NOTE: 10 USC 441 note.>> TRANSFERS OF PERSONNEL AND ASSETS.
(a) Personnel and Assets.--Subject to subsections (b) and (c), the
personnel, assets, unobligated balances of appropriations and
authorizations of appropriations, and, to the extent jointly determined
appropriate by the Secretary of Defense and Director of Central
Intelligence, obligated balances of appropriations and authorizations of
appropriations employed, used, held, arising from, or available in
connection with the missions and functions transferred under section
1111(b) or section 1111(c) are transferred to the National Imagery and
Mapping Agency. Transfers of appropriations from the Central
Intelligence Agency under this subsection shall be made in accordance
with section 1531 of title 31, United States Code.
(b) Determination of CIA Positions To Be Transferred.--Not earlier
than two years after the effective date of this subtitle, the Secretary
of Defense and the Director of Central Intelligence shall determine
which, if any, positions and personnel of the Central Intelligence
Agency are to be transferred to the National Imagery and Mapping Agency.
The positions to be transferred, and the employees serving in such
positions, shall be transferred to the National Imagery and Mapping
Agency under terms and conditions prescribed by the Secretary of Defense
and the Director of Central Intelligence.
(c) Rule For CIA Imagery Activities Only Partially Transferred.--If
the National Photographic Interpretation Center of the Central
Intelligence Agency or any imagery-related activity of the Central
Intelligence Agency authorized to be performed by the National Imagery
and Mapping Agency is not completely transferred to the National Imagery
and Mapping Agency, the Secretary of Defense and the Director of Central
Intelligence shall--
(1) jointly determine which, if any, contracts, leases,
property, and records employed, used, held, arising from,
available to, or otherwise relating to such Center or activity
is to be transferred to the National Imagery and Intelligence
Agency; and
(2) provide by written agreement for the transfer of such
items.
SEC. 1114. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL
SECURITY ACT OF 1947.
(a) Agency Functions.--Paragraph (2) of section 105(b) of the
National Security Act of 1947 (50 U.S.C. 403-5(b)) is amended to read as
follows:
``(2) through the National Imagery and Mapping Agency
(except as otherwise directed by the President or the National
Security Council), with appropriate representation from the
[[Page 110 STAT. 2685]]
intelligence community, the continued operation of an effective
unified organization within the Department of Defense--
``(A) for carrying out tasking of imagery
collection;
``(B) for the coordination of imagery processing and
exploitation activities;
``(C) for ensuring the dissemination of imagery in a
timely manner to authorized recipients; and
``(D) notwithstanding any other provision of law,
for--
``(i) prescribing technical architecture and
standards related to imagery intelligence and
geospatial information and ensuring compliance
with such architecture and standards; and
``(ii) developing and fielding systems of
common concern related to imagery intelligence and
geospatial information;''.
(b) National Mission.--Title I of such Act (50 U.S.C. 402 et seq.)
is amended by adding at the end the following new section:
``national mission of national imagery and mapping agency
``Sec. 120. <<NOTE: 50 USC 404e.>> (a) In General.--In addition to
the Department of Defense missions set forth in section 442 of title 10,
United States Code, the National Imagery and Mapping Agency shall
support the imagery requirements of the Department of State and other
departments and agencies of the United States outside the Department of
Defense.
``(b) Requirements and Priorities.--The Director of Central
Intelligence shall establish requirements and priorities governing the
collection of national intelligence by the National Imagery and Mapping
Agency under subsection (a).
``(c) Correction of Deficiencies.--The Director of Central
Intelligence shall develop and implement such programs and policies as
the Director and the Secretary of Defense jointly determine necessary to
review and correct deficiencies identified in the capabilities of the
National Imagery and Mapping Agency to accomplish assigned national
missions, including support to the all-source analysis and production
process. The Director shall consult with the Secretary of Defense on the
development and implementation of such programs and policies. The
Secretary shall obtain the advice of the Chairman of the Joint Chiefs of
Staff regarding the matters on which the Director and the Secretary are
to consult under the preceding sentence.''.
(c) Tasking of Imagery Assets.--Title I of such Act is further
amended by adding at the end the following new section:
``collection tasking authority
``Sec. 121. <<NOTE: 50 USC 404f.>> Unless otherwise directed by the
President, the Director of Central Intelligence shall have authority
(except as otherwise agreed by the Director and the Secretary of
Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.''.
[[Page 110 STAT. 2686]]
(d) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
109 the following new items:
``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.
SEC. 1115. CREDITABLE <<NOTE: 10 USC 441 note.>> CIVILIAN SERVICE
FOR CAREER CONDITIONAL EMPLOYEES OF THE
DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Mapping
Agency who, on the day before the effective date of this title, was an
employee of the Defense Mapping Agency in a career-conditional status,
the continuous service of that employee as an employee of the National
Imagery and Mapping Agency on and after such date shall be considered
creditable service for the purpose of any determination of the career
status of the employee.
SEC. 1116. <<NOTE: 10 USC 441 note.>> SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, international
agreements, grants, contracts, leases, certificates, licenses,
registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
connection with any of the functions which are transferred under
this title or any function that the National Imagery and Mapping
Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes effect,
or were final before the effective date of this title and are to
become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of Defense, the Director of the National
Imagery and Mapping Agency or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--This title and the amendments made by
this title shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before an element of the
Department of Defense or Central Intelligence Agency at the time this
title takes effect, with respect to function of that element transferred
by section 1122, but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such orders, as
if this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this section
shall be deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or modified if
this title had not been enacted.
SEC. 1117. <<NOTE: 10 USC 441 note.>> DEFINITIONS.
In this subtitle, the terms ``function'', ``imagery'', ``imagery
intelligence'', and ``geospatial information'' have the meanings given
[[Page 110 STAT. 2687]]
those terms in section 467 of title 10, United States Code, as added by
section 1112.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National Imagery and
Mapping Agency for fiscal year 1997 in amounts and for purposes, and
subject to the terms, conditions, limitations, restrictions, and
requirements, that are set forth in the Classified Annex to this Act.
Subtitle B--Conforming Amendments and Effective Dates
SEC. 1121. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States Code (as
redesignated by section 1112(a)(1)) is amended by redesignating the
sections in that chapter as sections 481 and 482, respectively.
(b) Repeal of Superseded Law.--Chapter 167 of such title, as amended
by section 1112(b), is repealed.
SEC. 1122. REFERENCE AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Central imagery office.--Sections 2302(a)(2)(C)(ii),
3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B),
5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and
7323(b)(2)(B)(i)(XIII) are amended by striking out ``Central
Imagery Office'' and inserting in lieu thereof ``National
Imagery and Mapping Agency''.
(2) Director, central imagery office.--Section 6339(a)(2)(E)
is amended by striking out ``Central Imagery Office, the
Director of the Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency, the Director of
the National Imagery and Mapping Agency''.
(b) Other Laws.--The following provisions of law are amended by
striking out ``Central Imagery Office'' and inserting in lieu thereof
``National Imagery and Mapping Agency'':
(1) National security act of 1947.--Section 3(4)(E) of the
National Security Act of 1947 (50 U.S.C. 401a(4)(E)).
(2) Ethics in government act of 1978.--Section 105(a) of the
Ethics in Government Act of 1978 (Public Law
95-521; 5 U.S.C. App. 4). <<NOTE: 5 USC app. 105.>>
(3) Employee polygraph protection act.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
(Public Law 100-347; 29 U.S.C. 2006(b)(2)(A)(i)).
(c) Cross Reference.--Section 82 of title 14, United States Code, is
amended by striking out ``chapter 167'' and inserting in lieu thereof
``subchapter II of chapter 22''.
SEC. 1123. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) The table of chapters at the beginning of subtitle A of
title 10, United States Code, is amended--
(A) by striking out the item relating to chapter 22
and inserting in lieu thereof the following:
[[Page 110 STAT. 2688]]
``22. National Imagery and Mapping Agency......................... 441
``23. Miscellaneous Studies and Reports...........................471'';
and
(B) by striking out the item relating to chapter
167.
(2) The table of chapters at the beginning of part I of such
subtitle is amended by striking out the item relating to chapter
22 and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency......................... 441
``23. Miscellaneous Studies and Reports...........................471'';
(3) The table of chapters at the beginning of part IV of
such subtitle is amended by striking out the item relating to
chapter 167.
(4) The items in the table of sections at the beginning of
chapter 23 of title 10, United States Code (as redesignated by
section 1112(a)(1)), are revised so as to reflect the
redesignations made by section 1121(a).
(b) Title 44, United States Code.--
(1) The heading of section 1336 of title 44, United States
Code, is amended to read as follows:
``Sec. 1336. National Imagery and Mapping Agency: special
publications''.
(2) The item relating to that section in the tables of
sections at the beginning of chapter 13 of such title is amended
to read as follows:
``1336. National Imagery and Mapping Agency: special publications.''.
SEC. 1124. <<NOTE: 10 USC 193 note.>> EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on October 1, 1996, or the date of the enactment of this Act, whichever
is later.
TITLE <<NOTE: Reserve Forces Revitalization Act of 1996.>> XII--RESERVE
FORCES REVITALIZATION
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer
authorizations.
Sec. 1214. Guard and Reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
Reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of
members of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated Reservists.
Sec. 1234. Report to Congress concerning small business loans for
members
released from Reserve service during contingency operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing
active duty for training.
[[Page 110 STAT. 2689]]
Sec. 1253. Sense of Congress concerning quarters allowance during
service on
active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
SEC. 1201. <<NOTE: 10 USC 10001 note.>> SHORT TITLE.
This title may be cited as the ``Reserve Forces Revitalization Act
of 1996''.
SEC. 1202. <<NOTE: 10 USC 10001 note.>> PURPOSE.
The purpose of this title is to revise the basic statutory
authorities governing the organization and administration of the reserve
components of the Armed Forces in order to recognize the realities of
reserve component partnership in the Total Force and to better prepare
the American citizen-soldier, sailor, airman, and Marine in time of
peace for duties in war.
Subtitle A--Reserve Component Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) Establishment.--(1) Part I of subtitle E of title 10, United
States Code, is amended by inserting after chapter 1005 the following
new chapter:
``CHAPTER 1006--RESERVE COMPONENT COMMANDS
``Sec.
``10171. United States Army Reserve Command.
``10172. Naval Reserve Force.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. United States Army Reserve Command
``(a) Command.--The United States Army Reserve Command is a separate
command of the Army commanded by the Chief of Army Reserve.
``(b) Chain of Command.--Except as otherwise prescribed by the
Secretary of Defense, the Secretary of the Army shall prescribe the
chain of command for the United States Army Reserve Command.
``(c) Assignment of Forces.--The Secretary of the Army--
``(1) shall assign to the United States Army Reserve Command
all forces of the Army Reserve in the continental United States
other than forces assigned to the unified combatant command for
special operations forces established pursuant to section 167 of
this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions of
the Secretary of the Army specified in section 3013 of this
title, shall assign all such forces of the Army Reserve to the
commander of the United States Atlantic Command.
``Sec. 10172. Naval Reserve Force
``(a) Establishment of Command.--The Secretary of the Navy, with the
advice and assistance of the Chief of Naval Operations, shall establish
a Naval Reserve Force. The Naval Reserve Force shall be operated as a
separate command of the Navy.
[[Page 110 STAT. 2690]]
``(b) Commander.--The Chief of Naval Reserve shall be the commander
of the Naval Reserve Force. The commander of the Naval Reserve Force
reports directly to the Chief of Naval Operations.
``(c) Assignment of Forces.--The Secretary of the Navy--
``(1) shall assign to the Naval Reserve Force specified
portions of the Naval Reserve other than forces assigned to the
unified combatant command for special operations forces
established pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions of
the Secretary of the Navy specified in section 5013 of this
title, shall assign to the combatant commands all such forces
assigned to the Naval Reserve Force under paragraph (1) in the
manner specified by the Secretary of Defense.
``Sec. 10173. Marine Forces Reserve
``(a) Establishment.--The Secretary of the Navy, with the advice and
assistance of the Commandant of the Marine Corps, shall establish in the
Marine Corps a command known as the Marine Forces Reserve.
``(b) Commander.--The Marine Forces Reserve is commanded by the
Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve,
reports directly to the Commandant of the Marine Corps.
``(c) Assignment of Forces.--The Commandant of the Marine Corps--
``(1) shall assign to the Marine Forces Reserve the forces
of the Marine Corps Reserve stationed in the continental United
States other than forces assigned to the unified combatant
command for special operations forces established pursuant to
section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions of
the Secretary of the Navy specified in section 5013 of this
title, shall assign to the combatant commands (through the
Marine Corps component commander for each such command) all such
forces assigned to the Marine Forces Reserve under paragraph (1)
in the manner specified by the Secretary of Defense.
``Sec. 10174. Air Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air Force,
with the advice and assistance of the Chief of Staff of the Air Force,
shall establish an Air Force Reserve Command. The Air Force Reserve
Command shall be operated as a separate command of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the Commander of
the Air Force Reserve Command. The commander of the Air Force Reserve
Command reports directly to the Chief of Staff of the Air Force.
``(c) Assignment of Forces.--The Secretary of the Air Force--
``(1) shall assign to the Air Force Reserve Command all
forces of the Air Force Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
[[Page 110 STAT. 2691]]
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions of
the Secretary of the Air Force specified in section 8013 of this
title, shall assign to the combatant commands all such forces
assigned to the Air Force Reserve Command under paragraph (1) in
the manner specified by the Secretary of Defense.''.
(2) The tables of chapters at the beginning of part I of such
subtitle and at the beginning of such subtitle are each amended by
inserting after the item relating to chapter 1005 the following new
item:
``1006. Reserve Component Commands..............................10171''.
(b) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is
repealed.
(c) Implementation <<NOTE: 10 USC 10171 note.>> Schedule.--
Implementation of chapter 1006 of title 10, United States Code, as added
by subsection (a), shall begin not later than 90 days after the date of
the enactment of this Act and shall be completed not later than one year
after such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) Chief of Army Reserve.--Section 3038 of title 10, United States
Code, is amended by adding at the end the following new subsections:
``(d) Budget.--The Chief of Army Reserve is the official within the
executive part of the Department of the Army who, subject to the
authority, direction, and control of the Secretary of the Army and the
Chief of Staff, is responsible for justification and execution of the
personnel, operation and maintenance, and construction budgets for the
Army Reserve. As such, the Chief of Army Reserve is the director and
functional manager of appropriations made for the Army Reserve in those
areas.
``(e) Full Time Support Program.--The Chief of Army Reserve manages,
with respect to the Army Reserve, the personnel program of the
Department of Defense known as the Full Time Support Program.
``(f) Annual Report.--(1) The Chief of Army Reserve shall submit to
the Secretary of Defense, through the Secretary of the Army, an annual
report on the state of the Army Reserve and the ability of the Army
Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Staff of the Army and may be submitted in
classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Army Reserve under paragraph (1) to Congress, together with
such comments on the report as the Secretary considers appropriate. The
report shall be transmitted at the same time each year that the annual
report of the Secretary under section 113 of this title is submitted to
Congress.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title is
amended by inserting after section 5142a the following new section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief
``(a) Establishment of Office: Chief of Naval Reserve.--There is in
the executive part of the Department of the Navy, on the staff of the
Chief of Naval Operations, an Office of the
[[Page 110 STAT. 2692]]
Naval Reserve, which is headed by a Chief of Naval Reserve. The Chief of
Naval Reserve--
``(1) is the principal adviser on Naval Reserve matters to
the Chief of Naval Operations; and
``(2) is the commander of the Naval Reserve Force.
``(b) Appointment.--The <<NOTE: President.>> President, by and with
the advice and consent of the Senate, shall appoint the Chief of Naval
Reserve from officers who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Grade.--(1) The Chief of Naval Reserve holds office for a term
determined by the Chief of Naval Operations, normally four years, but
may be removed for cause at any time. He is eligible to succeed himself.
``(2) The Chief of Naval Reserve, while so serving, has a grade
above rear admiral (lower half), without vacating the officer's
permanent grade.
``(d) Budget.--The Chief of Naval Reserve is the official within the
executive part of the Department of the Navy who, subject to the
authority, direction, and control of the Secretary of the Navy and the
Chief of Naval Operations, is responsible for preparation,
justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Naval Reserve. As such,
the Chief of Naval Reserve is the director and functional manager of
appropriations made for the Naval Reserve in those areas.
``(e) Annual Report.--(1) The Chief of Naval Reserve shall submit to
the Secretary of Defense, through the Secretary of the Navy, an annual
report on the state of the Naval Reserve and the ability of the Naval
Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Naval Operations and may be submitted in
classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Naval Reserve under paragraph (1) to Congress, together
with such comments on the report as the Secretary considers appropriate.
The report shall be transmitted at the same time each year that the
annual report of the Secretary under section 113 of this title is
submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5142a the
following new item:
``5143. Office of Naval Reserve: appointment of Chief.''.
(c) Chief of Marine Forces Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5143 (as added by subsection (b))
the following new section:
``Sec. 5144. Office of Marine Forces Reserve: appointment of Commander
``(a) Establishment of Office; Commander, Marine Forces Reserve.--
There is in the executive part of the Department of the Navy an Office
of the Marine Forces Reserve, which is headed by the Commander, Marine
Forces Reserve. The Commander, Marine Forces Reserve, is the principal
adviser to the Commandant on Marine Forces Reserve matters.
[[Page 110 STAT. 2693]]
``(b) Appointment.--The <<NOTE: President.>> President, by and with
the advice and consent of the Senate, shall appoint the Commander,
Marine Forces Reserve, from officers of the Marine Corps who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Term of Office; Grade.--(1) The Commander, Marine Forces
Reserve, holds office for a term determined by the Commandant of the
Marine Corps, normally four years, but may be removed for cause at any
time. He is eligible to succeed himself.
``(2) The Commander, Marine Forces Reserve, while so serving, has a
grade above brigadier general, without vacating the officer's permanent
grade.
``(d) Annual Report.--(1) The Commander, Marine Forces Reserve,
shall submit to the Secretary of Defense, through the Secretary of the
Navy, an annual report on the state of the Marine Corps Reserve and the
ability of the Marine Corps Reserve to meet its missions. The report
shall be prepared in conjunction with the Commandant of the Marine Corps
and may be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Commander, Marine Forces Reserve, under paragraph (1) to Congress,
together with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each year
that the annual report of the Secretary under section 113 of this title
is submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5143 (as added
by subsection (b)) the following new item:
``5144. Office of Marine Forces Reserve: appointment of Commander.''.
(d) Chief of Air Force Reserve.--Section 8038 of such title is
amended by adding at the end the following new subsections:
``(d) Budget.--The Chief of Air Force Reserve is the official within
the executive part of the Department of the Air Force who, subject to
the authority, direction, and control of the Secretary of the Air Force
and the Chief of Staff, is responsible for preparation, justification,
and execution of the personnel, operation and maintenance, and
construction budgets for the Air Force Reserve. As such, the Chief of
Air Force Reserve is the director and functional manager of
appropriations made for the Air Force Reserve in those areas.
``(e) Full Time Support Program.--(1) The Chief of Air Force Reserve
manages, with respect to the Air Force Reserve, the personnel program of
the Department of Defense known as the Full Time Support Program.
``(f) Annual Report.--(1) The Chief of Air Force Reserve shall
submit to the Secretary of Defense, through the Secretary of the Air
Force, an annual report on the state of the Air Force Reserve and the
ability of the Air Force Reserve to meet its missions. The report shall
be prepared in conjunction with the Chief of Staff of the Air Force and
may be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual report of
the Chief of Air Force Reserve under paragraph (1) to Congress, together
with such comments on the report as the Secretary considers appropriate.
The report shall be transmitted at the same time
[[Page 110 STAT. 2694]]
each year that the annual report of the Secretary under section 113 of
this title is submitted to Congress.''.
(e) Conforming Amendment.--Section 641(1)(B) of such title is
amended by inserting ``5143, 5144,'' after ``3038,''.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG
OFFICER AUTHORIZATIONS.
(a) Report to Congress.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing any recommendations of the Secretary
(together with the rationale of the Secretary for the recommendations)
concerning the following:
(1) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(2) Statutory designation of the positions and grades of any
additional general and flag officers in the commands and offices
created by sections 1211 and 1212.
(b) Matters To Be Included.--The Secretary shall include in the
report under subsection (a) the Secretary's views on whether current
limitations referred to in subsection (a)--
(1) permit the Secretaries of the military departments, in
view of increased requirements for assignment of general and
flag officers in positions external to their organic services,
to meet adequately both internal and external requirements for
general and flag officers;
(2) adequately recognize the significantly increased role of
the reserve components in both service-specific and joint
operations; and
(3) permit the Secretaries of the military departments and
the reserve components to assign general and flag officers to
active and reserve component positions with grades commensurate
with the scope of duties and responsibilities of the position.
(c) Exemptions From Active-Duty Ceilings.--(1) The Secretary shall
include in the report under subsection (a) the Secretary's
recommendations regarding the merits of exempting from any active-duty
ceiling (established by law or administrative action) the following
officers:
(A) Reserve general and flag officers assigned to positions
specified in the organizations created by this title.
(B) Reserve general and flag officers serving on active
duty, but who are excluded from the active-duty list.
(2) If the Secretary determines under paragraph (1) that any Reserve
general or flag officers should be exempt from active duty limits, the
Secretary shall include in the report under subsection (a) the
Secretary's recommendations for--
(A) the effective management of those Reserve general and
flag officers; and
(B) revision of active duty ceilings so as to prevent an
increase in the numbers of active general and flag officers
authorizations due solely to the removal of Reserve general and
flag officers from under the active duty authorizations.
(3) If the Secretary determines under paragraph (1) that active and
reserve general officers on active duty should continue to be managed
under a common ceiling, the Secretary shall make recommendations for the
appropriate apportionment of numbers for general and flag officers among
active and reserve officers.
[[Page 110 STAT. 2695]]
(d) Reserve Forces Policy Board Participation.--The Secretary of
Defense shall ensure that the Reserve Forces Policy Board participates
in the internal Department of Defense process for development of the
recommendations of the Secretary contained in the report under
subsection (a). If the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary shall
transmit them to Congress, with the report, in the same form as that in
which they were submitted to the Secretary.
(e) GAO Review.--The <<NOTE: Reports.>> Comptroller General of the
United States shall assess the criteria used by the Secretary of Defense
to develop recommendations for purposes of the report under this section
and shall submit to Congress, not later than 30 days after the date on
which the report of the Secretary under this section is submitted, a
report setting forth the Comptroller General's conclusions concerning
the adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
Section 10216 of title 10, United States Code, as amended by section
413, is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting after the section heading the following new
subsection (a):
``(a) In General.--Military technicians are Federal civilian
employees hired under title 5 and title 32 who are required to maintain
dual-status as drilling reserve component members as a condition of
their Federal civilian employment. Such employees shall be authorized
and accounted for as a separate category of dual-status civilian
employees, exempt as specified in subsection (b)(3) from any general or
regulatory requirement for adjustments in Department of Defense civilian
personnel.''; and
(3) in paragraph (3) of subsection (b), as redesignated by
paragraph (1), by striking out ``in high-priority units and
organizations specified in paragraph (1)''.
Subtitle B--Reserve Component Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IMPROVE NATIONAL
GUARD AND RESERVE ABILITY TO RESPOND TO
EMERGENCIES.
(a) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report regarding reserve component responsiveness to both domestic
emergencies and national contingency operations. The report shall set
forth the measures taken, underway, and projected to be taken to improve
the timeliness, adequacy, and effectiveness of reserve component
responses to such emergencies and operations.
(b) Matters Related to Responsiveness to Domestic Emergencies.--The
report shall address the following:
(1) The need to expand the time period set by section
12301(b) of title 10, United States Code, which permits the
[[Page 110 STAT. 2696]]
involuntary recall at any time to active duty of units and
individuals for up to 15 days per year.
(2) The recommendations of the 1995 report of the RAND
Corporation entitled ``Assessing the State and Federal Missions
of the National Guard'', as follows:
(A) That Federal law be clarified and amended to
authorize Presidential use of the Federal reserves of
all military services for domestic emergencies and
disasters without any time constraint.
(B) That the Secretary of Defense develop and
support establishment of an appropriate national level
compact for interstate sharing of resources, including
the domestic capabilities of the national guards of the
States, during emergencies and disasters.
(C) That Federal level contingency stocks be created
to support the National Guard in domestic disasters.
(D) That Federal funding and regulatory support be
provided for Federal-State disaster emergency response
planning exercises.
(c) Matters Related to Presidential Reserve Call-Up Authority.--The
report under this section shall specifically address matters related to
the authority of the President to activate for service on active duty
units and members of reserve components under sections 12301, 12302, and
12304 of title 10, United States Code, including--
(1) whether such authority is adequate to meet the full
range of reserve component missions for the 21st century,
particularly with regard to the time periods for which
such units and members may be on active duty under those
authorities and the ability to activate both units and
individual members; and
(2) whether the three-tiered set of statutory authorities
(under such sections 12301, 12302, and 12304) should be
consolidated, modified, or in part eliminated in order to
facilitate current and future use of Reserve units and
individual reserve component members for a broader range of
missions, and, if so, in what manner.
(d) Matters Related to Release From Active Duty.--The report under
this section shall include findings and recommendations (based upon a
review of current policies and procedures) concerning procedures for
release from active duty of units and members of reserve components who
have been involuntarily called or ordered to active duty under section
12301, 12302, or 12304 of title 10, United States Code, with specific
recommendations concerning the desirability of statutory provisions to--
(1) establish specific guidelines for when it is appropriate
(or inappropriate) to retain on active duty such reserve
component units when active component units are available to
perform the mission being performed by the reserve component
unit;
(2) minimize the effects of frequent mobilization of the
civilian employers, as well as the effects of frequent
mobilization on recruiting and retention in the reserve
components; and
(3) address other matters relating to the needs of such
members of reserve components, their employers, and (in the case
of such members who own businesses) their employees, while such
members are on active duty.
[[Page 110 STAT. 2697]]
(e) Reserve Forces Policy Board Participation.--The Secretary of
Defense shall ensure that the Reserve Forces Policy Board participates
in the internal Department of Defense process for development of the
recommendations of the Secretary contained in the report under
subsection (a). If the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary shall
transmit them to Congress, with the report, in the same form as that in
which they were submitted to the Secretary.
(f) GAO Review.--The <<NOTE: Reports.>> Comptroller General of the
United States shall assess the criteria used by the Secretary of Defense
to develop recommendations for purposes of the report under this section
and shall submit to Congress, not later than 30 days after the date on
which the report of the Secretary under this section is submitted, a
report setting forth the Comptroller General's conclusions concerning
the adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR
EMPLOYERS OF MEMBERS OF RESERVE
COMPONENTS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report setting forth
a draft of legislation to provide tax incentives to employers of members
of reserve components in order to compensate employers for absences of
those employees due to required training and for absences due to
performance of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME INSURANCE PROGRAM
FOR ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report setting forth
legislative recommendations for changes to chapter 1214 of title 10,
United States Code. Such recommendations shall in particular provide, in
the case of a mobilized member who owns a business, income replacement
for that business and for employees of that member or business who have
a loss of income during the period of such activation attributable to
the activation of the member.
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL BUSINESS LOANS FOR
MEMBERS RELEASED FROM RESERVE SERVICE
DURING CONTINGENCY OPERATIONS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report setting forth
a draft of legislation to establish a small business loan program to
provide members of reserve components who are ordered to active duty or
active Federal service (other than for training) during a contingency
operation (as defined in section 101 of title 10, United States Code)
low-cost loans to assist those members in retaining or rebuilding
businesses that were affected by their service on active duty or in
active Federal service.
[[Page 110 STAT. 2698]]
Subtitle C--Reserve Forces Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF NONREIMBURSABLE
EXPENSES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report setting forth
a draft of legislation to restore the tax deductibility of
nonreimbursable expenses incurred by members of reserve components in
connection with military service.
SEC. 1252. AUTHORITY TO PAY TRANSIENT HOUSING CHARGES FOR MEMBERS
PERFORMING ACTIVE DUTY FOR TRAINING.
Section 404(j)(1) of title 37, United States Code, is amended by
striking out ``annual training duty'' and inserting in lieu thereof
``active duty for training''.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS ALLOWANCE DURING
SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should continue
to pay members of reserve components appropriate quarters allowances
during periods of service on active duty for training.
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY LEAVE
POLICY.
It is the sense of Congress that military leave policies in effect
as of the date of the enactment of this Act with respect to members of
the reserve components should not be changed.
SEC. 1255. RESERVE FORCES POLICY BOARD.
(a) Commendation.--The Congress commends the Reserve Forces Policy
Board, created by the Armed Forces Reserve Act of 1952 (Public Law 82-
476), for its fine work in the past as an independent source of advice
to the Secretary of Defense on all matters pertaining to the reserve
components.
(b) Sense of Congress.--It is the sense of Congress that the Reserve
Forces Policy Board and the reserve forces policy committees for the
individual branches of the Armed
Forces should continue to perform the vital role of providing the
civilian leadership of the Department of Defense with independent advice
on matters pertaining to the reserve components.
(c) Annual Report of Reserve Forces Policy Board.--Section 113(c) of
title 10, United States Code, is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4) as
subparagraphs (A), (B), and (C), respectively;
(3) by inserting ``(1)'' after ``(c)'';
(4) by inserting ``and'' at the end of subparagraph (B), as
redesignated by paragraph (2); and
(5) by adding at the end the following:
``(2) At the same time that the Secretary submits the annual report
under paragraph (1), the Secretary shall transmit to the President and
Congress a separate report from the Reserve Forces Policy Board on the
reserve programs of the Department of Defense and on any other matters
that the Reserve Forces Policy Board considers appropriate to include in
the report.''.
[[Page 110 STAT. 2699]]
SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE DUTY
SERVICE AND RESERVE SERVICE.
No later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
providing recommendations for changes in law that the Secretary
considers necessary, feasible, and affordable to reduce the disparities
in pay and benefits that occur between active component members of the
Armed Forces and reserve component members as a result of eligibility
based on length of time on active duty.
SEC. 1257. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND
RESERVE COMPONENTS IN FUTURE-YEARS
DEFENSE PROGRAMS.
(a) In General.--(1) Chapter 1013 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10543. National Guard and reserve component equipment procurement
and military construction funding: inclusion in
future-years defense program
``The Secretary of Defense shall specify in each future-years
defense program submitted to Congress under section 221 of this title
the estimated expenditures and the proposed appropriations, for each
fiscal year of the period covered by that program, for the procurement
of equipment and for military construction for each of the reserve
components of the armed forces.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10543. National Guard and reserve component equipment procurement and
military construction funding: inclusion in future-years
defense program.''.
(b) Effective <<NOTE: Applicability. 10 USC 10543 note.>> Date.--
Section 10543 of title 10, United States Code, as added by subsection
(a), shall apply with respect to each future-years defense program
submitted to Congress after the date of the enactment of this Act.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterpro- liferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic
assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve
security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
[[Page 110 STAT. 2700]]
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
Subtitle A--Arms Control, Counter-
proliferation Activities, and Related
Matters
SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Authority.--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 (d)(3), by striking out ``or'' after
``fiscal year 1995,'' and by inserting ``, or $15,000,000 for
fiscal year 1997'' before the period at the end; and
(2) in subsection (f), by striking out ``1996'' and
inserting in lieu thereof ``1997''.
(b) Funding Flexibility.--Subsection (d) of such section is further
amended by adding at the end the following new paragraph:
``(4)(A) In the event of a significant unforeseen development
related to the activities of the United Nations Special Commission on
Iraq for which the Secretary of Defense determines that financial
assistance under this section is required at a level which would result
in the total amount of assistance provided under this section during the
then-current fiscal year exceeding the amount specified with respect to
that year under paragraph (3), the Secretary of Defense may provide such
assistance notwithstanding the limitation with respect to that fiscal
year under paragraph (3). Funds for such purpose may be derived from any
funds available to the Department of Defense for that fiscal year.
``(B) Financial assistance may be provided under subparagraph (A)
only after the Secretary of Defense provides notice in writing to the
committees of Congress named in subsection (e)(2) of the significant
unforeseen development and of the Secretary's intent to provide
assistance in excess of the limitation for that fiscal year under
paragraph (3). However, if the Secretary determines in any case that
under the specific circumstances of that case advance notice is not
possible, such notice shall be provided as soon as possible and not
later than 15 days after the date on which the assistance is provided.
Any notice under this subparagraph shall include a description of the
development, the amount of assistance provided or to be provided, and
the source of the funds for that assistance.''.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department of
Defense may not be obligated or expended during fiscal year 1997 for
retiring or dismantling, or for preparing to retire or dismantle, any of
the following strategic nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
[[Page 110 STAT. 2701]]
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into force
during fiscal year 1996 or fiscal year 1997, the Secretary of Defense
may waive the application of the limitation under paragraphs (2), (3),
and (4) of subsection (a) to Trident ballistic missile submarines,
Minuteman III intercontinental ballistic missiles, and Peacekeeper
intercontinental ballistic missiles, respectively, to the extent that
the Secretary determines necessary in order to implement the treaty.
(c) Funding Limitation on Early Deactivation.--
(1) <<NOTE: President. Reports.>> If the limitation under paragraphs
(2), (3), and (4) of subsection (a) ceases to apply by reason of a
waiver under subsection (b), funds available to the Department of
Defense may nevertheless not be obligated or expended during fiscal year
1997 to implement any agreement or understanding to undertake
substantial early deactivation of a strategic nuclear delivery system
specified in subsection (b) until 30 days after the date on which the
President submits to Congress a report concerning such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1997 to deactivate a
substantial number of strategic nuclear delivery systems specified in
subsection (b) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat
status.
(3) A report under this subsection shall include the following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning substantial
early deactivation of strategic nuclear delivery
systems under the START II Treaty.
(B) The plan of the Department of Defense for implementing
the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement for
monitoring and verifying compliance of Russia with the terms of
the agreement.
(D) A determination by the President as to whether the
deactivations to occur under the agreement will be carried out
in a symmetrical, reciprocal, or equivalent manner.
(E) An assessment by the President of the effect of the
proposed early deactivation on the stability of the strategic
balance and relative strategic nuclear capabilities of the
United States and the Russian Federation at various stages
during deactivation and upon completion.
(d) START II Treaty Defined.--For purposes of this section, the term
``START II Treaty'' means the Treaty Between the United States of
America and the Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms, signed at Moscow on January 3, 1993,
including the following protocols and memorandum of understanding, all
such documents being integral parts of and collectively referred to as
the ``START II Treaty'' (contained in Treaty Document 103-1):
(1) The Protocol on Procedures Governing Elimination of
Heavy ICBMs and on Procedures Governing Conversion of Silo
Launchers of Heavy ICBMs Relating to the Treaty Between the
United States of America and the Russian Federation on
[[Page 110 STAT. 2702]]
Further Reduction and Limitation of Strategic Offensive Arms
(also known as the ``Elimination and Conversion Protocol'').
(2) The Protocol on Exhibitions and Inspections of Heavy
Bombers Relating to the Treaty Between the United States and the
Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the ``Exhibitions and
Inspections Protocol'').
(3) The Memorandum of Understanding on Warhead Attribution
and Heavy Bomber Data Relating to the Treaty Between the United
States of America and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive Arms (also known
as the ``Memorandum on Attribution'').
(e) Retention of B-52H Aircraft on Active Status.--(1) The Secretary
of the Air Force shall maintain in active status (including the
performance of standard maintenance and upgrades) the current fleet of
B-52H bomber aircraft.
(2) <<NOTE: Effective Date.>> For purposes of carrying out upgrades
of B-52H bomber aircraft during fiscal year 1997, the Secretary shall
treat the entire current fleet of such aircraft as aircraft expected to
be maintained in active status during the six-year period beginning on
October 1, 1996.
SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) Sanctions.--Section 2(b)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(4)) is amended to read as follows:
``(4)(A) <<NOTE: Reports.>> If the Secretary of State
determines that--
``(i) any country that has agreed to International
Atomic Energy Agency nuclear safeguards materially
violates, abrogates, or terminates, after October 26,
1977, such safeguards;
``(ii) any country that has entered into an
agreement for cooperation concerning the civil use of
nuclear energy with the United States materially
violates, abrogates, or terminates, after October 26,
1977, any guarantee or other undertaking to the United
States made in such agreement;
``(iii) any country that is not a nuclear-weapon
state detonates, after October 26, 1977, a nuclear
explosive device;
``(iv) any country willfully aids or abets, after
June 29, 1994, any non-nuclear-weapon state to acquire
any such nuclear explosive device or to acquire
unsafeguarded special nuclear material; or
``(v) any person knowingly aids or abets, after the
date of enactment of the National Defense Authorization
Act for Fiscal Year 1997, any non-nuclear-weapon state
to acquire any such nuclear explosive device or to
acquire unsafeguarded special nuclear material,
then the Secretary of State shall submit a report to the
appropriate committees of the Congress and to the Board of
Directors of the Bank stating such determination and identifying
each country or person the Secretary determines has so acted.
``(B)(i) If the Secretary of State makes a determination
under subparagraph (A)(v) with respect to a foreign person, the
Congress urges the Secretary to initiate consultations
immediately with the government with primary jurisdiction over
[[Page 110 STAT. 2703]]
that person with respect to the imposition of the prohibition
contained in subparagraph (C).
``(ii) In order that consultations with that government may
be pursued, the Board of Directors of the Bank shall delay
imposition of the prohibition contained in subparagraph (C) for
up to 90 days if the Secretary of State requests the Board to
make such delay. Following these consultations, the prohibition
contained in subparagraph (C) shall apply immediately unless the
Secretary determines and certifies to the Congress that that
government has taken specific and effective actions, including
appropriate penalties, to terminate the involvement of the
foreign person in the activities described in subparagraph
(A)(v). The Board of Directors of the Bank shall delay the
imposition of the prohibition contained in subparagraph (C) for
up to an additional 90 days if the Secretary requests the Board
to make such additional delay and if the Secretary determines
and certifies to the Congress that that government is in the
process of taking the actions described in the preceding
sentence.
``(iii) <<NOTE: Reports.>> Not later than 90 days after
making a determination under subparagraph (A)(v), the Secretary
of State shall submit to the appropriate committees of the
Congress a report on the status of consultations with the
appropriate government under this subparagraph, and the basis
for any determination under clause (ii) that such government has
taken specific corrective actions.
``(C) The Board of Directors of the Bank shall not give
approval to guarantee, insure, or extend credit, or participate
in the extension of credit in support of United States exports
to any country, or to or by any person, identified in the report
described in subparagraph (A).
``(D) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or participate
in the extension of credit in support of United States exports
to a country with respect to which a determination is made under
clause (i), (ii), (iii), or (iv) of subparagraph (A) regarding
any specific event described in such clause if the President
determines and certifies in writing to the Congress not less
than 45 days prior to the date of the first approval following
the determination that it is in the national interest for the
Bank to give such approvals.
``(E) The prohibition in subparagraph (C) shall not apply to
approvals to guarantee, insure, or extend credit, or participate
in the extension of credit in support of United States exports
to or by a person with respect to whom a determination is made
under clause (v) of subparagraph (A) regarding any specific
event described in such clause if--
``(i) the Secretary of State determines and
certifies to the Congress that the appropriate
government has taken the corrective actions described in
subparagraph (B)(ii); or
``(ii) the President determines and certifies in
writing to the Congress not less than 45 days prior to
the date of the first approval following the
determination that--
``(I) reliable information indicates that--
``(aa) such person has ceased to aid
or abet any non-nuclear-weapon state to
acquire any
[[Page 110 STAT. 2704]]
nuclear explosive device or to acquire
unsafeguarded special nuclear material;
and
``(bb) steps have been taken to
ensure that the activities described in
item (aa) will not resume; or
``(II) the prohibition would have a serious
adverse effect on vital United States interests.
``(F) For purposes of this paragraph:
``(i) The term `country' has the meaning given to
`foreign state' in section 1603(a) of title 28, United
States Code.
``(ii) The term `knowingly' is used within the
meaning of the term `knowing' in section 104(h)(3) of
the Foreign Corrupt Practices Act (15 U.S.C. 78dd-
2(h)(3)).
``(iii) The term `person' means a natural person as
well as a corporation, business association,
partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental
entity operating as a business enterprise, and any
successor of any such entity.
``(iv) The term `nuclear-weapon state' has the
meaning given the term in Article IX(3) of the Treaty on
the Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968.
``(v) The term `non-nuclear-weapon state' has the
meaning given the term in section 830(5) of the Nuclear
Proliferation Prevention Act of 1994 (Public Law 103-
236; 108 Stat. 521).
``(vi) The term `nuclear explosive device' has the
meaning given the term in section 830(4) of the Nuclear
Proliferation Prevention Act of 1994 (Public Law 103-
236; 108 Stat. 521).
``(vii) The term `unsafeguarded special nuclear
material' has the meaning given the term in section
830(8) of the Nuclear Proliferation Prevention Act of
1994.''.
(b) Recommendations To Make Nonproliferation Laws More Effective.--
Not <<NOTE: President.>> later than 180 days after the date of the
enactment of this Act, the President shall submit to the Congress his
recommendations on ways to make the laws of the United States more
effective in controlling and preventing the proliferation of weapons of
mass destruction and missiles. The report shall identify all sources of
Government funds used for such nonproliferation activities.
SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO
HUMANITARIAN AND CIVIC ASSISTANCE FOR
CLEARANCE OF LANDMINES.
(a) Authority To Pay Expenses.--Section 401(c) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Expenses covered by paragraph (1) include the following
expenses incurred in providing assistance described in subsection
(e)(5):
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting the
[[Page 110 STAT. 2705]]
activities described in subsection (e)(5), including any
nonlethal, individual, or small-team landmine clearing equipment
or supplies that are to be transferred or otherwise furnished to
a foreign country in furtherance of the provision of assistance
under this section.
``(3) The cost of equipment, services, and supplies provided in any
fiscal year under paragraph (2)(B) may not exceed $5,000,000.''.
(b) Coordination With Other Laws.--Section 401(b) of such title is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Any authority provided under any other provision of law to
provide assistance that is described in subsection (e)(5) to a foreign
country shall be carried out in accordance with, and subject to, the
limitations prescribed in this section. Any such provision may be
construed as superseding a provision of this section only if, and to the
extent that, such provision specifically refers to this section and
specifically identifies the provision of this section that is to be
considered superseded or otherwise inapplicable under such provision.''.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S
REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the future pattern of military
modernization of the People's Republic of China. The report shall
address both the probable course of military-technological development
in the People's Liberation Army and the
development of Chinese military strategy and operational concepts.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) Trends that would lead the People's Republic of China
toward advanced intelligence, surveillance, and reconnaissance
capabilities, either through a development program or by gaining
access to commercial or third-party systems with militarily
significant capabilities.
(2) Efforts by the People's Republic of China to develop
highly accurate and low-observable ballistic and cruise
missiles, and the investments in infrastructure that would allow
for production of such weapons in militarily significant
quantities, particularly in numbers sufficient to conduct
attacks capable of overwhelming projected defense capabilities
in the region.
(3) Development by the People's Republic of China of
enhanced command and control networks, particularly those
capable of battle management that would include long-range
precision strikes.
(4) Programs of the People's Republic of China involving
unmanned aerial vehicles, particularly those with extended
ranges or loitering times.
(5) Exploitation by the People's Republic of China of the
Global Positioning System or other similar systems, including
commercial land surveillance satellites, for significant
military purposes, including particularly for increasing the
accuracy of weapons or the situational awareness of operating
forces.
[[Page 110 STAT. 2706]]
(6) Development by the People's Republic of China of
capabilities for denial of sea control, such as advanced sea
mines or improved submarine capabilities.
(7) Continued development by the People's Republic of China
of follow-on forces, particularly those capable of rapid air or
amphibious assault.
(c) Submission of Report.--The report shall be submitted to Congress
not later than February 1, 1997.
SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND
POLICIES OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Findings.--The Congress finds that--
(1) the People's Republic of China acceded to the Treaty on
the Non-Proliferation of Nuclear Weapons (hereafter in this
section referred to as the ``NPT'') on March 9, 1992;
(2) the People's Republic of China is not a member of the
Nuclear Suppliers Group and remains the only major nuclear
supplier that continues to transfer nuclear technology,
equipment, and materials to countries that have not agreed to
the application of safeguards of the International Atomic Energy
Agency (hereafter in this section referred to as the ``IAEA'')
over all of their nuclear materials;
(3) on June 30, 1995, the United States and 29 other members
of the Nuclear Suppliers Group notified the Director General of
the IAEA that the Government of each respective country has
decided that the controls of that
Group should not be defeated by the transfer of component parts;
(4) a state-owned entity in the People's Republic of China,
the China Nuclear Energy Industry Corporation, has knowingly
transferred specially designed ring magnets to an unsafeguarded
uranium enrichment facility in the Islamic Republic of Pakistan;
(5) ring magnets are identified on the Trigger List of the
Nuclear Suppliers Group as a component of magnetic suspension
bearings which are to be exported only to countries that have
safeguards of the IAEA over all of their nuclear materials;
(6) these ring magnets could contribute significantly to the
ability of the Islamic Republic of Pakistan to produce
additional unsafeguarded enriched uranium, a nuclear explosive
material;
(7) the Government of the People's Republic of China has
transferred nuclear equipment and technology to the Islamic
Republic of Iran, despite repeated claims by the Government of
the United States that the Islamic Republic of Iran is engaged
in clandestine efforts to acquire a nuclear explosive device;
(8) representatives of the Government of the People's
Republic of China have repeatedly assured the Government of the
United States that the People's Republic of China would abide by
the guidelines of the Missile Technology Control Regime
(hereafter in this section referred to as the ``MTCR'');
(9) the Government of China has transferred M-11 missiles to
the Islamic Republic of Pakistan; and
(10) the M-11 missile conforms to the definition of a
nuclear-capable missile under the MTCR.
(b) Sense of the Congress.--It is the sense of the
Congress that--
[[Page 110 STAT. 2707]]
(1) the assistance that the People's Republic of China has
provided to the Islamic Republic of Iran and to the Islamic
Republic of Pakistan could contribute to the ability of such
countries to manufacture nuclear weapons;
(2) the recent transfer by the People's Republic of China of
ring magnets to an unsafeguarded uranium enrichment facility in
the Islamic Republic of Pakistan conflicts with China's
obligations under Articles I and III of the NPT, as well as the
official nonproliferation policies and assurances by the
People's Republic of China and the Islamic Republic of Pakistan
with respect to the nonproliferation of nuclear weapons and
nuclear-capable missiles;
(3) the transfer of M-11 missiles from the People's Republic
of China to the Islamic Republic of Pakistan is inconsistent
with longstanding United States Government interpretations of
assurances from the Government of the People's Republic of China
with respect to that country's intent to abide by the guidelines
of the MTCR;
(4) violations by the People's Republic of China of the
standards and objectives of the MTCR and global nuclear
nonproliferation regimes have jeopardized the credibility of the
MTCR and such regimes;
(5) the MTCR and global nuclear nonproliferation regimes
require collective international action to impose costs against
and to withhold benefits from any country, including the
People's Republic of China, that engages in activities that are
contrary to the objectives of those regimes;
(6) the President should explore with the governments of
other countries new opportunities for collective action in
response to activities of any country, including the People's
Republic of China, that aid or abet the global proliferation of
weapons of mass destruction or their means of delivery; and
(7) the President should communicate to the Government of
the People's Republic of China the sense of the Congress that
the stability and growth of future relations between the people,
the economies, and the Governments of the United States and the
People's Republic of China will
significantly depend upon substantive evidence of cooperation by the
Government of the People's Republic of China in efforts to halt the
global proliferation of weapons of mass destruction and their means of
delivery.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to the Congress a report, in
both classified and unclassified form, concerning the transfer from the
People's Republic of China to the Islamic Republic of Pakistan of
technology, equipment, or materials important to the production of
nuclear weapons and their means of delivery. The President shall include
in the report the following:
(1) The specific justification of the Secretary of State for
determining that there was not a sufficient basis for imposing
sanctions under section 2(b)(4) of the Export-Import Bank Act of
1945, as amended by section 825 of the Nuclear Proliferation
Prevention Act of 1994, by reason of the transfer of ring
magnets and other technology, equipment, or materials from the
People's Republic of China to the Islamic Republic of Pakistan.
[[Page 110 STAT. 2708]]
(2) What commitment the United States Government is seeking
from the People's Republic of China to ensure that the People's
Republic of China establishes a fully effective export control
system that will prevent transfers (such as the Pakistan sale)
from taking place in the future.
(3) A description of the pledges, assurances, and other
commitments made by representatives of the Governments of the
People's Republic of China and the Islamic Republic of Pakistan
to the Government of the United States since January 1, 1991,
with respect to the nonproliferation of nuclear weapons or
nuclear-capable missiles, and an assessment of the record of
compliance with such undertakings.
(4) Whether, in light of the recent assurances provided by
the People's Republic of China, the President intends to make
the certification and submit the report required by section
902(a)(6)(B) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 2151 note), and make the
certification and submit the report required by Public Law 99-
183, relating to the approval and implementation of the
agreement for nuclear cooperation between the United States and
the People's Republic of China, and, if not, why not.
(5) Whether the Secretary of State considers the recent
assurances and clarifications provided by the People's Republic
of China to have provided sufficient information to allow the
United States to determine that the People's Republic of China
is not in violation of paragraph (2) of section 129 of the
Atomic Energy Act of 1954, as required by Public Law 99-183.
(6) If the President is unable or unwilling to make the
certifications and reports referred to in paragraph (4), a
description of what the President considers to be the
significance of the clarifications and assurances provided by
the People's Republic of China in the course of the recent
discussions regarding the transfer by the People's Republic of
China of nuclear-weapon-related equipment to the Islamic
Republic of Pakistan.
(7) A description of the laws, regulations, and procedures
currently used by the People's Republic of China to regulate
exports of nuclear technology, equipment, or materials,
including dual-use goods, and an assessment of the effectiveness
of such arrangements.
(8) A description of the current policies and practices of
other countries in response to the transfer of nuclear and
missile technology by the People's Republic of China to the
Islamic Republic of Pakistan and the Islamic Republic of Iran.
SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for the
Department of Defense for fiscal year 1997 or any prior fiscal year may
be obligated or expended for any activity associated with the United
States-People's Republic of China Joint
Defense Conversion Commission until 15 days after the date on which the
first semiannual report required by section 1343 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
487) is received by Congress.
SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.
(a) Findings.--The Congress makes the following findings:
[[Page 110 STAT. 2709]]
(1) Export controls are a part of a comprehensive response
to national security threats. The export of a United States
commodity or technology should be restricted in cases in which
the export of the commodity or technology would increase the
threat to the national security of the United States or would be
contrary to the nonproliferation goals or foreign policy
interests of the United States.
(2) The export of certain commodities and technology may
adversely affect the national security and foreign policy of the
United States by making a significant contribution to the
military potential of countries or by enhancing the capability
of countries to design, develop, test, produce, stockpile, or
use weapons of mass destruction and missile delivery systems,
and other significant military capabilities. Therefore, the
administration of export controls should emphasize the control
of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose actions or
policies run counter to United States national security or
foreign policy interests may enhance the military capabilities
of those countries, particularly their ability to design,
develop, test, produce, stockpile, use, and deliver nuclear,
chemical, and biological weapons and missile delivery systems,
and other significant military capabilities. This enhancement
threatens the security of the United States and its allies. The
availability to countries and end users of items that contribute
to military capabilities or the proliferation of weapons of mass
destruction is a fundamental concern of the United States and
should be eliminated through deterrence, negotiations, and other
appropriate means whenever possible.
(4) The national security of the United States depends not
only on wise foreign policies and a strong defense, but also a
vibrant national economy. To be truly effective, export controls
should be applied uniformly by all suppliers.
(5) On November 8, 1995, the President continued the
national emergency declared in Executive Order No. 12938 of
November 14, 1994, ``with respect to the unusual and
extraordinary threat to the national security, foreign policy,
and
economy of the United States posed by the proliferation of
nuclear, biological, and chemical weapons and the means of
delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating Committee
for Multilateral Export Controls) has not been established.
Currently, each nation is determining independently which dual-
use military items, if any, will be controlled for export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard to the
transfers of sensitive dual-use goods and technologies.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) establishing an international export control regime,
empowered to control exports of dual-use technology, is
critically important and should be a top priority for the United
States; and
(2) the United States should strongly encourage its allies
and other friendly countries to--
[[Page 110 STAT. 2710]]
(A) adopt export controls that are the same or
similar to the export controls imposed by the United
States on items on the Commerce Control List;
(B) strengthen enforcement of their export
controls; and
(C) explore the use of unilateral export controls
where the possibility exists that an export could
contribute to the enhancement of military capabilities
or
proliferation described in paragraphs (3) and (5) of subsection (a).
SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Composition of the Committee.--Subsection (a) of section 1605 of
the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C.
2751 note) is amended by adding at the end the following new paragraph:
``(5) The Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs shall serve as executive
secretary to the committee.''.
(b) Additional Purpose of the Committee.--Subsection (b)(1)(A) of
such section is amended by inserting ``and efforts, including efforts to
stem the proliferation of weapons of mass destruction and to negate
paramilitary and terrorist threats involving weapons of mass
destruction'' after ``counterproliferation policy''.
(c) Four-Year Extension of the Committee.--Subsection (f) of such
section is amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 2000''.
(d) Reports on Counterproliferation Activities and Programs.--
Section 1503 of the National Defense Authorization Act for Fiscal Year
1995 (22 U.S.C. 2751 note) is amended--
(1) in subsection (a)--
(A) by striking out ``Report Required.--(1) Not
later than May 1, 1995 and May 1, 1996, the Secretary''
and inserting in lieu thereof ``Annual Report
Required.--Not later than May 1 of each year, the
Secretary''; and
(B) by striking out paragraph (2); and
(2) by adding at the end the following new subsections:
``(d) Review Committee Charter Defined.--For purposes of this
section, the term `Review Committee charter' means section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note).
``(e) Termination of Requirement.--The final report required under
subsection (a) is the report for the year following the year in which
the Counterproliferation Program Review Committee established under the
Review Committee Charter ceases to exist.''.
SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES
TO IMPROVE SECURITY OF FISSILE
MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced with
the need to manage the dismantling of vast numbers of nuclear
weapons and the disposition of the fissile materials that they
contain.
(2) If recently agreed reductions in nuclear weapons are
fully implemented, tens of thousands of nuclear weapons,
containing a hundred tons or more of plutonium and many hundreds
of tons of highly enriched uranium, will no longer be needed for
military purposes.
[[Page 110 STAT. 2711]]
(3) Plutonium and highly enriched uranium are the essential
ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly enriched
uranium are the primary technical barrier to acquiring nuclear
weapons capability in the world today.
(5) Several kilograms of plutonium, or several times that
amount of highly enriched uranium, are sufficient to make a
nuclear weapon.
(6) Plutonium and highly enriched uranium will continue to
pose a potential threat for as long as they exist.
(7) Action is required to secure and account for plutonium
and highly enriched uranium.
(8) It is in the national interest of the United States to--
(A) minimize the risk that fissile materials could
be obtained by unauthorized parties;
(B) minimize the risk that fissile materials could
be reintroduced into the arsenals from which they came,
halting or reversing the arms reduction process; and
(C) strengthen the national and international
control mechanisms and incentives designed to ensure
continued arms reductions and prevent the spread of
nuclear
weapons.
(b) Sense of Congress.--In light of the findings contained in
subsection (a), it is the sense of Congress that the United States has a
national security interest in assisting other countries to improve the
security of their stocks of fissile material.
SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL
INTELLIGENCE ESTIMATE 95-19.
(a) Review.--The Director of Central Intelligence shall conduct a
review of the underlying assumptions and conclusions of the National
Intelligence Estimate designated as NIE 95-19 and
entitled ``Emerging Missile Threats to North America During the Next 15
Years'', released by the Director in November 1995.
(b) Methodology for Review.--The Director shall carry out the review
under subsection (a) through a panel of independent, nongovernmental
individuals with appropriate expertise and experience. Such a panel
shall be convened by the Director not later than 45 days after the date
of the enactment of this Act.
(c) Report.--The Director shall submit the findings resulting from
the review under subsection (a), together with any comments of the
Director on the review and the findings, to Congress not later than
three months after the appointment of the Commission under section 1321.
Subtitle B--Commission To Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission To Assess the Ballistic Missile Threat to the
United States'' (hereafter in this subtitle referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of nine members
appointed by the Director of Central Intelligence. In select
[[Page 110 STAT. 2712]]
ing individuals for appointment to the Commission, the Director should
consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives and
the minority leader of the Senate concerning the appointment of
three of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in the political and military aspects of proliferation of ballistic
missiles and the ballistic missile threat to the United States.
(d) Chairman.--The Speaker of the House of Representatives, after
consultation with the majority leader of the Senate and the minority
leaders of the House of Representatives and the Senate, shall designate
one of the members of the Commission to serve as chairman of the
Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--(1) All appointments to the
Commission shall be made not later than 45 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than 30
days after the date as of which all members of the Commission have been
appointed, but not earlier than October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission shall assess
the nature and magnitude of the existing and emerging ballistic missile
threat to the United States.
(b) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation of
the Secretary of Defense, the Director of Central Intelligence, and any
other United States Government official responsible for providing the
Commission with analyses, briefings, and other information necessary for
the fulfillment of its respon-
sibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the date of
its first meeting, submit to the Congress a report on its findings and
conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the Central Intelligence Agency, and
[[Page 110 STAT. 2713]]
any other Federal department or agency information that the Commission
considers necessary to enable the Commission to carry out its
responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay for other
personnel may not exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
[[Page 110 STAT. 2714]]
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the United
States mails and obtain printing and binding services in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(b) Miscellaneous Administrative and Support Services.--The Director
of Central Intelligence shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation and
maintenance for Defense-wide activities for fiscal year 1997. Upon
receipt of a written certification from the Chairman of the Commission
specifying the funds required for the activities of the Commission, the
Secretary of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1323.
TITLE XIV--DEFENSE <<NOTE: Defense Against Weapons of Mass Destruction
Act of 1996.>> AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency
situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat
Reduction programs on elimination or transportation of
nuclear
weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
[[Page 110 STAT. 2715]]
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401. <<NOTE: 50 USC 2301 note.>> SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of Mass
Destruction Act of 1996''.
SEC. 1402. <<NOTE: 50 USC 2301 note.>> FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials and
technologies are increasingly available from worldwide sources.
Technical information relating to such weapons is readily
available on the Internet, and raw materials for chemical,
biological, and radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a vast
array of nuclear, biological, and chemical weapons of mass
destruction.
(3) Many of the states of the former Soviet Union retain the
facilities, materials, and technologies capable of producing
additional quantities of weapons of mass destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control systems,
deficiencies in accountability for weapons, weapons-related
materials and technologies, economic hardships, and significant
gaps in border control among the states of the former Soviet
Union. The problems of organized crime and corruption in the
states of the former Soviet Union increase the potential for
proliferation of nuclear, radiological, biological, and chemical
weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially hostile
nations, terrorist groups, and individuals to acquire weapons of
mass destruction and related materials and technologies from
within the states of the former Soviet Union and from unemployed
scientists who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to acquire
nuclear, radiological, biological, and chemical weapons is
greater than at any time in history.
(7) The President has identified North Korea, Iraq, Iran,
and Libya as hostile states which already possess some weapons
of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons of
mass destruction is well within the capability of many extremist
and terrorist movements, acting independently or as proxies for
foreign states.
(9) Foreign states can transfer weapons to or otherwise aid
extremist and terrorist movements indirectly and with plausible
deniability.
[[Page 110 STAT. 2716]]
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States and Japan,
and a radiological attack in Russia.
(11) The potential for the national security of the United
States to be threatened by nuclear, radiological, chemical, or
biological terrorism must be taken seriously.
(12) There is a significant and growing threat of attack by
weapons of mass destruction on targets that are not military
targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of the
United States by nuclear, radiological, biological, and chemical
weapons delivered by unconventional means is significant and
growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or chemical
materials.
(15) Facilities required for production of radiological,
biological, and chemical weapons are much smaller and harder to
detect than nuclear weapons facilities, and biological and
chemical weapons can be deployed by alternative delivery means
other than long-range ballistic missiles.
(16) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons include cargo
ships, passenger aircraft, commercial and private vehicles and
vessels, and commercial cargo shipments routed through
multiple destinations.
(17) Traditional arms control efforts assume large state
efforts with detectable manufacturing programs and weapons
production programs, but are ineffective in monitoring and
controlling smaller, though potentially more dangerous,
unconventional proliferation efforts.
(18) Conventional counterproliferation efforts would do
little to detect or prevent the rapid development of a
capability to suddenly manufacture several hundred chemical or
biological weapons with nothing but commercial supplies and
equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear, radiological,
biological, and chemical terrorism.
(20) The Department of Energy has established a Nuclear
Emergency Response Team which is available in case of nuclear or
radiological emergencies, but no comparable units exist to deal
with emergencies involving biological or chemical weapons or
related materials.
(21) State and local emergency response personnel are not
adequately prepared or trained for incidents involving nuclear,
radiological, biological, or chemical materials.
(22) Exercises of the Federal, State, and local response to
nuclear, radiological, biological, or chemical terrorism have
revealed serious deficiencies in preparedness and severe
problems of coordination.
(23) The development of, and allocation of responsibilities
for, effective countermeasures to nuclear, radiological,
biological, or chemical terrorism in the United States requires
well-coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State and local
governments.
(24) Training and exercises can significantly improve the
preparedness of State and local emergency response personnel
[[Page 110 STAT. 2717]]
for emergencies involving nuclear, radiological, biological, or
chemical weapons or related materials.
(25) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dis-
mantling, and disposing of explosive ordnance, as well as
radiological, biological, and chemical materials, can be a vital
contribution to the development and deployment of
countermeasures against nuclear, biological, and chemical
weapons of mass destruction.
(26) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons of
mass destruction.
SEC. 1403. <<NOTE: 50 USC 2302.>> DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means any weapon
or device that is intended, or has the capability, to cause
death or serious bodily injury to a significant number of people
through the release, dissemination, or impact of--
(A) toxic or poisonous chemicals or their
precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former Soviet
Union'' has the meaning given that term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235.
Subtitle A--Domestic Preparedness
SEC. 1411. RESPONSE <<NOTE: President. 50 USC 2311.>> TO THREATS
OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION.
(a) Enhanced Response Capability.--In light of the potential for
terrorist use of weapons of mass destruction against the United States,
the President shall take immediate action--
(1) to enhance the capability of the Federal Government to
prevent and respond to terrorist incidents involving weapons of
mass destruction; and
(2) to provide enhanced support to improve the capabilities
of State and local emergency response agencies to prevent and
respond to such incidents at both the national and the local
level.
(b) Report Required.--Not later than January 31, 1997, the President
shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the Federal
Government to prevent and respond to terrorist incidents
involving weapons of mass destruction and to support State and
local prevention and response efforts;
(2) requirements for improvements in those cap-
abilities; and
(3) the measures that should be taken to achieve such
improvements, including additional resources and legislative
authorities that would be required.
[[Page 110 STAT. 2718]]
SEC. 1412. <<NOTE: 50 USC 2312.>> EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall carry out
a program to provide civilian personnel of Federal, State, and local
agencies with training and expert advice regarding emergency responses
to a use or threatened use of a weapon of mass destruction or related
materials.
(2) The President may designate the head of an agency other than the
Department of Defense to assume the responsibility for carrying out the
program on or after October 1, 1999, and relieve the Secretary of
Defense of that responsibility upon the assumption of the responsibility
by the designated official.
(3) In this section, the official responsible for carrying out the
program is referred to as the ``lead official''.
(b) Coordination.--In carrying out the program, the lead official
shall coordinate with each of the following officials who is not serving
as the lead official:
(1) The Director of the Federal Emergency Management Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local
government agencies that have an expertise or responsibilities
relevant to emergency responses described in subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible to
receive assistance under the program are civilian personnel of Federal,
State, and local agencies who have emergency preparedness
responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead official
may use personnel and capabilities of Federal agencies outside the
agency of the lead official to provide training and expert advice under
the program.
(2)(A) Personnel used under paragraph (1) shall be personnel who
have special skills relevant to the particular assistance that the
personnel are to provide.
(B) Capabilities used under paragraph (1) shall be capabilities that
are especially relevant to the particular assistance for which the
capabilities are used.
(3) If the lead official is not the Secretary of Defense, and
requests assistance from the Department of Defense that, in the judgment
of the Secretary of Defense would affect military readiness or adversely
affect national security, the Secretary of Defense may appeal the
request for Department of Defense assistance by the lead official to the
President.
(e) Available Assistance.--Assistance available under this program
shall include the following:
(1) Training in the use, operation, and maintenance of
equipment for--
(A) detecting a chemical or biological agent or
nuclear radiation;
(B) monitoring the presence of such an agent or
radiation;
(C) protecting emergency personnel and the
public; and
(D) decontamination.
(2) Establishment of a designated telephonic link (commonly
referred to as a ``hot line'') to a designated source of
relevant data and expert advice for the use of State or local
[[Page 110 STAT. 2719]]
officials responding to emergencies involving a weapon of mass
destruction or related materials.
(3) Use of the National Guard and other reserve components
for purposes authorized under this section that are specified by
the lead official (with the concurrence of the Secretary of
Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law
Enforcement Agencies.--Assistance provided by the Department of Defense
to law enforcement agencies under this section shall be provided under
the authority of, and subject to the restrictions provided in, chapter
18 of title 10, United States Code.
(g) Administration of Department of Defense Assistance.--The
Secretary of Defense shall designate an official within the Department
of Defense to serve as the executive agent of the Secretary for the
coordination of the provision of Department of Defense assistance under
this section.
(h) Funding.--(1) Of the total amount authorized to be appropriated
under section 301, $35,000,000 is available for the program required
under this section.
(2) Of the amount available for the program pursuant to paragraph
(1), $10,500,000 is available for use by the Secretary of Defense to
assist the Secretary of Health and Human Services in the establishment
of metropolitan emergency medical response teams (commonly referred to
as ``Metropolitan Medical Strike Force Teams'') to provide medical
services that are necessary or potentially necessary by reason of a use
or threatened use of a weapon of mass destruction.
(3) The amount available for the program under paragraph (1) is in
addition to any other amounts authorized to be appropriated for the
program under section 301.
SEC. 1413. NUCLEAR, <<NOTE: 50 USC 2313.>> CHEMICAL, AND
BIOLOGICAL EMERGENCY RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall designate
an official within the Department of Defense as the executive agent
for--
(1) the coordination of Department of Defense assistance to
Federal, State, and local officials in responding to threats
involving biological or chemical weapons or related materials or
technologies, including assistance in identifying, neutralizing,
dismantling, and disposing of biological and chemical
weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance to
the Department of Energy in carrying out that department's
responsibilities under subsection (b).
(b) Department of Energy.--The Secretary of Energy shall designate
an official within the Department of Energy as the executive agent for--
(1) the coordination of Department of Energy assistance to
Federal, State, and local officials in responding to threats
involving nuclear, chemical, and biological weapons or related
materials or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear weapons and
related materials and technologies; and
[[Page 110 STAT. 2720]]
(2) the coordination of Department of Energy assistance to
the Department of Defense in carrying out that department's
responsibilities under subsection (a).
(c) Funding.--Of the total amount authorized to be appropriated
under section 301, $15,000,000 is available for providing assistance
described in subsection (a).
SEC. 1414. CHEMICAL-BIOLOGICAL <<NOTE: 50 USC 2314.>> EMERGENCY
RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The Secretary of
Defense shall develop and maintain at least one domestic terrorism rapid
response team composed of members of the Armed Forces and employees of
the Department of Defense who are capable of aiding Federal, State, and
local officials in the detection, neutralization, containment,
dismantlement, and disposal of weapons of mass destruction containing
chemical, biological, or related materials.
(b) Addition to Federal Response Plan.--Not later than December 31,
1997, the Director of the Federal Emergency Management Agency shall
develop and incorporate into existing Federal emergency response plans
and programs prepared under section 611(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(b))
guidance on the use and deployment of the rapid response teams
established under this section to respond to emergencies involving
weapons of mass destruction. The Director shall carry out this
subsection in consultation with the Secretary of Defense and the heads
of other Federal agencies involved with the emergency response plans.
SEC. 1415. TESTING <<NOTE: 50 USC 2315.>> OF PREPAREDNESS FOR
EMERGENCIES
INVOLVING NUCLEAR, RADIOLOGICAL,
CHEMICAL, AND BIOLOGICAL WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--(1) The
Secretary of Defense shall develop and carry out a program for testing
and improving the responses of Federal, State, and local agencies to
emergencies involving biological weapons and related materials and
emergencies involving chemical
weapons and related materials.
(2) The program shall include exercises to be carried out during
each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall
coordinate with the Director of the Federal Bureau of Investigation, the
Director of the Federal Emergency Management Agency, the Secretary of
Energy, and the heads of any other Federal, State, and local government
agencies that have an expertise or responsibilities relevant to
emergencies described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological Weapons.--(1) The
Secretary of Energy shall develop and carry out a program for testing
and improving the responses of Federal, State, and local agencies to
emergencies involving nuclear and radiological weapons and related
materials.
(2) The program shall include exercises to be carried out during
each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall
coordinate with the Director of the Federal Bureau of Investigation, the
Director of the Federal Emergency Management Agency, the Secretary of
Defense, and the heads of any other Federal, State, and local government
agencies that have an exper
[[Page 110 STAT. 2721]]
tise or responsibilities relevant to emergencies described in paragraph
(1).
(c) Annual Revisions of Programs.--The official responsible for
carrying out a program developed under subsection (a) or (b) shall
revise the program not later than June 1 in each fiscal year covered by
the program. The revisions shall include adjustments that the official
determines necessary or appropriate on the basis of the lessons learned
from the exercise or exercises carried out under the program in the
fiscal year, including lessons learned regarding coordination problems
and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President may
designate the head of an agency outside the Department of Defense to
assume the responsibility for carrying out the program developed under
subsection (a) beginning on or after October 1, 1999, and relieve the
Secretary of Defense of that responsibility upon the assumption of the
responsibility by the designated official.
(2) The President may designate the head of an agency outside the
Department of Energy to assume the responsibility for carrying out the
program developed under subsection (b) beginning on or after October 1,
1999, and relieve the Secretary of Energy of that responsibility upon
the assumption of the responsibility by the designated official.
(e) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for the
development and execution of the programs required by this section,
including the participation of State and local agencies in exercises
carried out under the programs.
SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT
OFFICIALS IN EMERGENCY SITUATIONS
INVOLVING BIOLOGICAL OR CHEMICAL
WEAPONS.
(a) Assistance Authorized.--(1) Chapter 18 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 382. Emergency situations involving chemical or biological
weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the request of the
Attorney General, may provide assistance in support of Department of
Justice activities relating to the enforcement of section 175 or 2332c
of title 18 during an emergency situation involving a biological or
chemical weapon of mass destruction. Department of Defense resources,
including personnel of the Department of Defense, may be used to provide
such assistance if--
``(1) the Secretary of Defense and the Attorney General
jointly determine that an emergency situation exists; and
``(2) the Secretary of Defense determines that the provision
of such assistance will not adversely affect the military
preparedness of the United States.
``(b) Emergency Situations Covered.--In this section, the term
`emergency situation involving a biological or chemical weapon of mass
destruction' means a circumstance involving a biological or chemical
weapon of mass destruction--
``(1) that poses a serious threat to the interests of the
United States; and
``(2) in which--
[[Page 110 STAT. 2722]]
``(A) civilian expertise and capabilities are not
readily available to provide the required assistance to
counter the threat immediately posed by the weapon
involved;
``(B) special capabilities and expertise of the
Department of Defense are necessary and critical to
counter the threat posed by the weapon involved; and
``(C) enforcement of section 175 or 2332c of title
18 would be seriously impaired if the Department of
Defense assistance were not provided.
``(c) Forms of Assistance.--The assistance referred to in subsection
(a) includes the operation of equipment (including equipment made
available under section 372 of this title) to monitor, contain, disable,
or dispose of the weapon involved or elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the Attorney
General shall jointly prescribe regulations concerning the types of
assistance that may be provided under this section. Such regulations
shall also describe the actions that Department of Defense personnel may
take in circumstances incident to the provision of assistance under this
section.
``(2)(A) Except as provided in subparagraph (B), the regulations may
not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a search for
or seizure of evidence related to a violation of section
175 or 2332c of title 18.
``(iii) Any direct participation in the collection of
intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the immediate
protection of human life, and civilian law enforcement officials
are not capable of taking the action.
``(ii) The action is otherwise authorized under subsection
(c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall require
reimbursement as a condition for providing assistance under this section
to the extent required under section 377 of this title.
``(f) Delegations of Authority.--(1) Except to the extent otherwise
provided by the Secretary of Defense, the Deputy Secretary of Defense
may exercise the authority of the Secretary of Defense under this
section. The Secretary of Defense may delegate the Secretary's authority
under this section only to an Under Secretary of Defense or an Assistant
Secretary of Defense and only if the Under Secretary or Assistant
Secretary to whom delegated has been designated by the Secretary to act
for, and to exercise the general powers of, the Secretary.
``(2) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority of the
Attorney General under this section. The Attorney General may delegate
that authority only to the Associate Attorney General or an Assistant
Attorney General and only if the Associate Attorney General or Assistant
Attorney General to whom delegated has been designated by the Attorney
General to act for, and to exercise the general powers of, the Attorney
General.
``(g) Relationship to Other Authority.--Nothing in this section
shall be construed to restrict any executive branch authority
[[Page 110 STAT. 2723]]
regarding use of members of the armed forces or equipment of the
Department of Defense that was in effect before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1997.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``382. Emergency situations involving chemical or biological weapons of
mass
destruction.''.
(b) Conforming Amendment to Condition for Providing Equipment and
Facilities.--Section 372(b)(1) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The
requirement for a determination that an item is not reasonably available
from another source does not apply to assistance provided under section
382 of this title pursuant to a request of the Attorney General for the
assistance.''.
(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States Code, is
amended by inserting after section 175 the following new section:
``Sec. 175a. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
175 of this title in an emergency situation involving a biological
weapon of mass destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in accordance
with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 175 the
following new item:
``175a. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code, that
relates to terrorism is amended by inserting after section 2332c the
following new section:
``Sec. 2332d. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
2332c of this title during an emergency situation involving a chemical
weapon of mass destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in accordance
with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2332c the
following new item:
``2332d. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(d) Civilian <<NOTE: President. 50 USC 2316.>> Expertise.--The
President shall take reasonable measures to reduce the reliance of
civilian law enforcement officials on Department of Defense resources to
counter the threat posed by the use or potential use of biological and
chemical weapons
[[Page 110 STAT. 2724]]
of mass destruction within the United States. The measures shall
include--
(1) actions to increase civilian law enforcement expertise
to counter such a threat; and
(2) actions to improve coordination between civilian law
enforcement officials and other civilian sources of expertise,
within and outside the Federal Government, to counter such a
threat.
(e) Reports.--The <<NOTE: 50 USC 2316.>> President shall submit to
Congress the following reports:
(1) Not later than 90 days after the date of the enactment
of this Act, a report describing the respective policy functions
and operational roles of Federal agencies in countering the
threat posed by the use or potential use of biological and
chemical weapons of mass destruction within the United States.
(2) Not later than one year after such date, a report
describing--
(A) the actions planned to be taken to carry out
subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a report
updating the information provided in the reports submitted
pursuant to paragraphs (1) and (2), including the measures taken
pursuant to subsection (d).
SEC. 1417. <<NOTE: 50 USC 2317.>> RAPID RESPONSE INFORMATION SYSTEM.
(a) Inventory of Rapid Response Assets.--(1) The head of each
Federal Response Plan agency shall develop and maintain an inventory of
physical equipment and assets under the jurisdiction of that agency that
could be made available to aid State and local officials in search and
rescue and other disaster management and mitigation efforts associated
with an emergency involving weapons of mass destruction. The agency head
shall submit a copy of the inventory, and any updates of the inventory,
to the Director of the Federal Emergency Management Agency for inclusion
in the master inventory required under subsection (b).
(2) Each inventory shall include a separate listing of any equipment
that is excess to the needs of that agency and could be considered for
disposal as excess or surplus property for use for response and training
with regard to emergencies involving weapons of mass destruction.
(b) Master Inventory.--The Director of the Federal Emergency
Management Agency shall compile and maintain a
comprehensive listing of all inventories prepared under subsection (a).
The first such master list shall be completed not later than December
31, 1997, and shall be updated annually thereafter.
(c) Addition to Federal Response Plan.--Not later than December 31,
1997, the Director of the Federal Emergency Management Agency shall
develop and incorporate into existing Federal emergency response plans
and programs prepared under section 611(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(b))
guidance on accessing and using the physical equipment and assets
included in the master list developed under subsection to respond to
emergencies involving weapons of mass destruction.
(d) Database on Chemical and Biological Materials.--The Director of
the Federal Emergency Management Agency, in con
[[Page 110 STAT. 2725]]
sultation with the Secretary of Defense, shall prepare a database on
chemical and biological agents and munitions characteristics and safety
precautions for civilian use. The initial design and compilation of the
database shall be completed not later than December 31, 1997.
(e) Access to Inventory and Database.--The Director of the Federal
Emergency Management Agency shall design and maintain a system to give
Federal, State, and local officials access to the inventory listing and
database maintained under this section in the event of an emergency
involving weapons of mass destruction or to prepare and train to respond
to such
an emergency. The system shall include a secure but accessible emergency
response hotline to access information and request assistance.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1421. PROCUREMENT <<NOTE: 50 USC 2331.>> OF DETECTION
EQUIPMENT UNITED STATES BORDER SECURITY.
Of the amount authorized to be appropriated by section 301,
$15,000,000 is available for the procurement of--
(1) equipment capable of detecting the movement of weapons
of mass destruction and related materials into the United
States;
(2) equipment capable of interdicting the movement of
weapons of mass destruction and related materials into the
United States; and
(3) materials and technologies related to use of equipment
described in paragraph (1) or (2).
SEC. 1422. EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by inserting ``, or attempts to
violate,'' after ``violates''; and
(2) in subsection (b), by inserting ``, or willfully
attempts to violate,'' after ``violates''.
SEC. 1423. <<NOTE: 50 USC 2332.>> SENSE OF CONGRESS CONCERNING CRIMINAL
PENALTIES.
(a) Sense of Congress Concerning Inadequacy of Sentencing
Guidelines.--It is the sense of Congress that the sentencing guidelines
prescribed by the United States Sentencing Commission for the offenses
of importation, attempted importation, exportation, and attempted
exportation of nuclear, biological, and chemical weapons materials
constitute inadequate punishment for such offenses.
(b) Urging of Revison to Guidelines.--Congress urges the United
States Sentencing Commission to revise the relevant sentencing
guidelines to provide for increased penalties for offenses relating to
importation, attempted importation, exportation, and attempted
exportation of nuclear, biological, or chemical weapons or related
materials or technologies under the following provisions of law:
(1) Section 11 of the Export Administration Act of 1979 (50
U.S.C. App. 2410).
[[Page 110 STAT. 2726]]
(2) Sections 38 and 40 of the Arms Export Control Act (22
U.S.C. 2778 and 2780).
(3) The International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(4) Section 309(c) of the Nuclear Non-Proliferation Act of
1978 (22 U.S.C. 2156a(c)).
SEC. 1424. <<NOTE: 50 USC 2333.>> INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of Defense,
in consultation and cooperation with the Commissioner of Customs, shall
carry out programs for assisting customs officials and border guard
officials in the independent states of the former Soviet Union, the
Baltic states, and other countries of Eastern Europe in preventing
unauthorized transfer and transportation of nuclear, biological, and
chemical weapons and related materials. Training, expert advice,
maintenance of equipment, loan of equipment, and audits may be provided
under or in connection with the programs.
(b) Funding.--Of the total amount authorized to be appropriated by
section 301, $15,000,000 is available for carrying out the programs
referred to in subsection (a).
(c) Assistance to States of the Former Soviet Union.--Assistance
under programs referred to in subsection (a) may
(notwithstanding any provision of law prohibiting the extension of
foreign assistance to any of the newly independent states of the former
Soviet Union) be extended to include an independent state of the former
Soviet Union if the President certifies to Congress that it is in the
national interest of the United States to extend assistance under this
section to that state.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN
COOPERATIVE THREAT REDUCTION PROGRAMS ON
ELIMINATION OR TRANSPORTATION OF NUCLEAR
WEAPONS.
Section 1201(b)(1) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22 U.S.C. 5955
note) is amended by inserting ``, fissile material suitable for use in
nuclear weapons,'' after ``other weapons''.
SEC. 1432. <<NOTE: 50 USC 2341.>> ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Energy, in consultation
with the Secretary of Defense, shall develop a cooperative program with
the Government of Russia to eliminate the production of weapons grade
plutonium by modifying or replacing the reactor cores at Tomsk-7 and
Krasnoyarsk-26 with reactor cores that are less suitable for the
production of weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be designed to
achieve completion of the modifications or replacements of the reactor
cores within three years after the modification or replacement
activities under the program are begun.
[[Page 110 STAT. 2727]]
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or
replacement of the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is
necessary for carrying out the activities under the program for
each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the
benefits of other nonproliferation programs.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1441. <<NOTE: 50 USC 2351.>> NATIONAL COORDINATOR ON
NONPROLIFERATION.
(a) Designation <<NOTE: President.>> of Position.--The President
shall designate an individual to serve in the Executive Office of the
President as the National Coordinator for Nonproliferation Matters.
(b) Duties.--The Coordinator, under the direction of the National
Security Council, shall advise and assist the
President by--
(1) advising the President on nonproliferation of weapons of
mass destruction, including issues related to terrorism, arms
control, and international organized crime;
(2) chairing the Committee on Nonproliferation established
under section 1342; and
(3) taking such actions as are necessary to ensure that
there is appropriate emphasis in, cooperation on, and
coordination of, nonproliferation research efforts of the United
States, including activities of Federal agencies as well as
activities of contractors funded by the Federal Government.
(c) Allocation of Funds.--Of the total amount authorized to be
appropriated under section 301, $2,000,000 is available to the
Department of Defense for carrying out research referred to in
subsection (b)(3).
SEC. 1442. NATIONAL <<NOTE: 50 USC 2352.>> SECURITY COUNCIL
COMMITTEE ON NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in this
section referred to as the ``Committee'') is established as a committee
of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of
representatives of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
[[Page 110 STAT. 2728]]
(F) The Administrator of the Federal Emergency Management
Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may designate.
(2) The National Coordinator for Nonproliferation Matters shall
chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs, policies, and
directives relating to the proliferation of weapons of mass
destruction and related materials and technologies, including
matters relating to terrorism and international organized crime.
(2) To make recommendations through the National Security
Council to the President regarding the following:
(A) Integrated national policies for countering the
threats posed by weapons of mass destruction.
(B) Options for integrating Federal agency budgets
for countering such threats.
(C) Means to ensure that Federal, State, and local
governments have adequate capabilities to manage crises
involving nuclear, radiological, biological, or chemical
weapons or related materials or technologies, and to
manage the consequences of a use of such weapon or
related materials or technologies, and that use of those
capabilities is coordinated.
(D) Means to ensure appropriate cooperation on, and
coordination of, the following:
(i) Preventing the smuggling of weapons of
mass destruction and related materials and
technologies.
(ii) Promoting domestic and international law
enforcement efforts against proliferation-related
efforts.
(iii) Countering the involvement of organized
crime groups in proliferation-related activities.
(iv) Safeguarding weapons of mass destruction
materials and related technologies.
(v) Improving coordination and cooperation
among intelligence activities, law enforcement,
and the Departments of Defense, State, Commerce,
and Energy in support of nonproliferation and
counterproliferation efforts.
(vi) Improving export controls over materials
and technologies that can